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03-11-10 Special Workshop AgendaCITY COMMISSION ~ CITY OF DELRAY BEACH, FLORIDA SPECIAL/WORKSHOP -THURSDAY, MARCH 11.2010 6:00 P.M. FIRST FLOOR CONFERENCE ROOM ~ 1993 2001 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity .to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Nelson S. McDuffie has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: 1. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of the March 9, 2010 First Nonpartisan Election. 2. PRESENTATION OF CITY SPONSORED HEALTH AND WELLNESS CENTER VENDOR FINALIST: Consider authorization to negotiate a contract with the approved vendor as well as authorization to contract a lease agreement for space for the City's Health and Wellness Center. 3. CONSULTING CONTRACT/BARRY STROCK CONSULTING ASSOCIATES (BSCAI. INC.: Consider approval of a consulting contract with Barry Strock Consulting Associates (BSCA), Inc. in an amount not to exceed $15,200.00 for assistance with contract negotiations for the City's procurement of public safety software systems. Funding is available from 334-2111-521-66.10 (General Construction Fund/Books/Publications/Software). 4. NOTE, MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT - AUBURN TRACE LTD.: Consider approval of the of the final draft of the Note, Mortgage Modification and Subordination Agreement between the City of Delray Beach and Auburn Trace, Ltd. WORSSHOPAGENDA 1. Green Task Force Presentation 2. Parking Study Valet Parking Review 3. Commission Comments File Copy ***Agenda Packet*** 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. DELRAY BEACH ~/~ ~~~ All-AmuicaC Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: David T. Harden, City Manager DATE: March 3, 2010 SUBJECT: AGENDA ITEM SP 1 - SPECIAL/WORKSHOP MEETING OF MARCH 11, 2010 MUNICIPAL ELECTION 2010 RESULTS ITEM BEFORE COMMISSION Presented for your review are the unofficial cumulative totals for the regular, absentee, and provisional ballots as provided by the Supervisor of Elections for Palm Beach County, indicating the results of the First Nonpartisan Election held on Tuesday, March 9, 2010. BACKGROUND FIRST NONPARTISAN ELECTION COMMISSION MEMBER -SEAT #2 -TWO YEAR TERM FRED B. FETZER DARIN WADE MELLINGER RECOMMENDATION To Approve the Unofficial cumulative totals for each candidate for Commission Member/Seat #2, including all of the regular, absentee, and provisional votes as presented, and that it is hereby declared, based upon the above and foregoing official results, that is elected as Commission Member/Seat #2, for a two year term commencing on the 25th day of March, 2010, and ending in accordance with the City Charter. Pursuant to the City's Charter, Article V, Section 5.04(C), due to Angeleta E. Gray being unopposed, she is deemed to have voted for herself, and therefore is elected to Seat #4 for which she qualified. http://miweb001/Agendas/Bluesheet.aspx?ItemID=31 O1 &MeetingID=253 3/5/2010 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director DATE: March 3, 2010 SUBJECT: AGENDA ITEM SP 2 - SPECIAL/WORKSHOP MEETING OF MARCH 11, 2010 FINALIST PRESENTATION FOR HEALTH AND WELLNESS CENTER VENDOR ITEM BEFORE COMMISSION Presentation of City Sponsored Health and Wellness Center vendor finalists. BACKGROUND In May of 2009, the City, along with Gallagher Benefit Services, Inc., began researching the feasibility of implementing a City Sponsored Health and Wellness Center for City of Delray Beach employees and their covered dependents. The Health and Wellness Center would provide primary care, wellness coaching, and dispense some common generic prescriptions at no cost to the employee. This could potentially result in a cost savings the City of Delray Beach, while also providing proactive health and wellness coaching, better access to care, and a reduction in some out-of-pocket medical expenses for employees. We presented our findings in October of 2009, and were given the approval to send out a Request For Proposal. We, along with the Health and Wellness Center Advisory Committee, narrowed the finalist down to two vendors. Gallagher Benefit Services, Inc, will now present those finalists and make a recommendation. 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" ~ CD ~ ~ ~. r~ ru ~ ~ ~ ~ r~ c~ ~. ~ ~ ~ ~ o ~ c~ ~ ~ ~ CD ~ ~ ~ ~ ~ N Q p~ O ~ N O CD r=r ~ ~ O ~ ~ ~ ~ ~ c i~ O r+ ~ ~ ~ ~ ~ O N -fi X W ~ ~ n ~ ~-r fD Q . z ra ~ ~ T ~ X x r-+ ~ ~ ~ r"h ~ o ~ ~ ~ ~ r-t (D o ~ ~ ~ n Q ~ N ~ ~ ~ ~ ~ Qo o ~ ~ ~ --~ ~ ~• ~ _. -• ~ a~ ~ ~ ~ ~ ~ rD ~ ~ ,~ ~ ~,• o• - _. ~ - _. ~ CD ~ ~ ~ fD ~ N ~ r-r O W N (J~ i . ~ n ., c+ s ~~ 3 ~ p• ~ K) ~"' i ~ ~~ ~~ ~ %ro ^ ~~ !~ I" F *~ ~. .. ~~ ~~• yr. _ e .,t y~. _ ~ ~ .: :.;,, ?, ,~ .., ~ k N ~ ~I ~~'\ ~~" ~~ ~. rte' ,~" ~_ ~s ~, ~ ~-. ~» ~` ;;- ' J y ~, .. p (/~ t• ~r Y • 0 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: March 4, 2010 SUBJECT: AGENDA ITEM SP 3 - SPECIAL/WORKSHOP MEETING OF MARCH 11, 2010 CONSULTING CONTRACT/BSCA/PUBLIC SAFETY SOFTWARE CONTRACT NEGOTIATIONS ITEM BEFORE COMMISSION The item before Commission is consideration of a proposed contract with Barry Strock Consulting Associates, Inc. (BSCA) for assistance with contract negotiations for the City's procurement of public safety software systems. BACKGROUND Barry Strock assisted the City in the request for propsal development, vendor demonstrations, and site visits for our public safety software RFP process (contract amount was $24,952). Mr. Strock and City staff have prepared a proposed contract (copy attached) to provide assistance with contract negotiations for the project. Under this contract his firm will develop and negotiate a contract for our public safety software system purchase. Mr. Strock has developed and negotiated in excess of 300 municipal software license agreements over several decades. Mr. Strock will charge an hourly rate of $150 per hour for services provided under the contract plus travel expenses at a flat rate of $1,800 per trip for up to three trips to Delray Beach or the vendor's offices. The total amount of the contract is $15,200 unless the City provides authorization for additional billable time or travel. FUNDING SOURCE Funding is available from 334-2111-521-66.10. RECOMMENDATION Staff recommends approval of a contract award to Barry Strock Consulting Associates, Inc. for assistance with contract negotiations for the City's procurement of public safety software systems. http://miweb001/Agendas/Bluesheet.aspx?ItemID=3104&MeetingID=253 3/5/2010 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this day of , 20_, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City", and Barry Strock Consulting Associates, Inc., hereinafter referred to as "Consultant" [a New York State Corporation]. WHEREAS, the parties desire to enter into an agreement to provide services to the City of Delray Beach ;and, WHEREAS, the City and Consultant desire to clarify and define their responsibilities with regard to providing said services. NOW, THEREFORE, for and in consideration of the mutual covenants and promises set forth herein, the parties to this Agreement do hereby agree as follows: 1. The City hereby retains the services of Consultant for the purpose of developing and negotiating a contract for the Public Safety CAD and RMS, mobile field reporting vendor, including a master agreement functions, license agreement functions, maintenance agreement functions, and professional services agreement functions. The reason we refer to "functions" is that some vendors desire separate agreements, whereas, others agree to include all of the contracting functions in a single document. We will accommodate either preference. For this contract, the City has authorized up to $9,800 in billable hours and the City can, at their discretion, increase the authorized billable hours by sending a fax to BSCA with said authorization. BSCA will work with the City to accomplish the required tasks within the dollar amount noted, but there is no guarantee that all services desired by the City will be attainable within the fixed amount. 2. Term: The term of this Agreement shall commence on the date written above and terminate within six (6) months of the date of execution. This Agreement may be renewed for additional periods as mutually agreed upon by the parties. However, the Agreement may be terminated by either party without cause by giving five (5) days written notice to the other with or without cause. If the Agreement is terminated by the City, the City shall only be responsible to compensate Consultant for fees billed up to the date of termination. 3. Charges, Expenses and Payment Terms: Deposit Upon executing this contract the City will remit a $200 refundable deposit that will be applied and credited to the first invoice. Expenses Each trip [irrespective of the number of days, up to four days] shall be billed at fixed fee of $1,800 per trip. The $1,800 shall include, travel time, hotel, meals, car rental, travel F'a~re :l mileage, and airfare costs. For this contract the City has authorized up to three trips [to Delray Beach or to vendor's offices] and the City can, at their discretion, increase the number of trips by sending a fax to BSCA with said authorization. City Provisions The City will be responsible to provide printing, duplication or reproduction services and will assume all distribution costs for sending materials to the desired parties. Payment Terms Terms of payment are net thirty days (30) from the date of invoice. Hourly Rate For those services rendered charges will be at an hourly rate of $150.00 per hour incurred during the carrying out of the duties associated with this contract. BSCA will provide a detailed itemization of all tasks and hours expended. Hourly rates will be billed as the actual time expended at 15-minute minimum intervals. Thus, for example, if 25 minutes is expended, then one half hour is billed. Billing will be as follows: On-site hours at the City or other directed sites as time is expended. Off-site hours for services rendered that are be provided for any preparation, consultation, research, analysis, contract negotiations, statement of work development, evaluation, or presentations associated with this contract are billed as time is expended. Total Contract Amount The total authorized amount of this contract may not exceed $15,200, for hourly rate billing and travel expenses combined, without written authorization from the City. 4. This Agreement does not create an employer/employee relationship between the parties. Consultant is not entitled to any benefits paid to City employees. It is the intent of the parties that under this Agreement, an independent consultant is not an employee of the City for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law. 5. That Consultant shall indemnify, save and hold harmless the City, its agents and employees from any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, or arises out of the negligent or wrongful act(s) of Consultant. 6. This Agreement may not be assigned without the written consent of the City. ~>:,,~~ 2 7. Consultant shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. The provision of services provided for herein is non-exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 8. Consultant shall not discriminate on the basis of age, religion, race, sex, marital status or handicap in performance of this Agreement. 9. All notices shall be effective when mailed to the following addresses: Consultant address: Barry Strock Consulting Associates, Inc. 154 Rosemont Street Albany, NY 12206 City address: Doug Smith, Assistant City Manager 100 N.W. 1 st Avenue Delray Beach, FL 33444 10. This Agreement represents the entire understanding of the parties and supersedes all other written or oral agreements. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to Form: City Attorney WITNESSES: Print Name: By: Nelson S. McDuffie, Mayor CONSULTANT: By: Print Print Name: Z~i~~Tt' t Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: March 5, 2010 SUBJECT: AGENDA ITEM SP 4 - SPECIAL/WORKSHOP MEETING OF MARCH 11, 2010 NOTE MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT WITH AUBURN TRACE ITEM BEFORE COMMISSION The item before the City Commission is the review of the final draft of the Note, Mortgage Modification and Subordination Agreement between the City of Delray Beach and Auburn Trace, Ltd. BACKGROUND At the March 2, 2010 Commission meeting, the Commission approved the Note, Mortgage Modification and Subordination Agreement once certain changes were made to the Agreement. The requested changes were the removal of the one million dollar loan forgiveness language, addition of the exact dollar figure that our UDAG loan would be subordinated to ($4,750,000.00), and an end date for the closing of the construction loan (Apri130, 2010). Auburn has made the requested changes and upon approval by the Commission a clean copy of the Agreement shall be executed by both parties. As previously agreed, upon closing of the construction loan Auburn shall pay to the city the remaining balance of the Land Note, the past due December, 2009 payment on the UDAG loan and all applicable late fees for a total payment of $420,399.56. RECOMMENDATION Approve the final draft of the Note, Mortgage Modification and Subordination Agreement. http://miweb001 /AgendaslBluesheet.aspx?ItemID=3108&MeetingID=253 3/5/2010 PRF7'AR1sU liY APlQ ltl~IVRN'tY): MtCHAIiI, S. VVEIf~R f•SQUIRG Miclad WeinordcAssowia, AA I O S.E I"Avs:nsq Sude C DcbaY Etcach. Florida 33A44 NOTE 7Yl CZERR: 771LS NO7E.IIVD MOR71!,i1CE MODlPlGT10N AAD PARt7AL IPBLE~tSls~ AGBE,6MENT' C1flN17NU6S (XJNl%tAC!'r/AL 0811GA1101K9, li'/7><lOl1T f1Vt1t1t~GFMFJV7' OP T!!E h~S71lIG PR~VCtPAL BrilANC7'OFTNE NOTLSDESCR18Eb N!°Yr~1NAND &SF.XBAfPT PROM DOCUMEA?ARYST.iMP TAXES ,INb lNTANCI~ tBJPSONAt PROP81rTY TAXES UNDLR SECl70N d0t.09.[ND SBt:TlON !99.115, FLORmN STATt171:S JtiLSPBCTTVF.L?: DOCl/M~ETrrARYSTA11tP TAXES AND lNTANt;J6LE PE/I;SONAt PIrOPLRTY TAXES WE7tB PAtb ONTNB ORIGINAL N07RSlN C~NNBClYON iVlTH TN6 REGI0RD.4TlON OF TIIEMORTCAGQ AS FURTH1iR DEF1NBblfEAEtN. NOTE. MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT THIS NOTE, MORTGAGE MODII~7CATION AND SUBORDINATION AGREFIVIENT' ("Agreement°) made this day of February, 2010, by and between AUBURN TRACE LIMITED, a Florida limited partnership ("Auburn' and CITY OF DELRAY BEACH ("C}ty'~. WITNESSE'jH: WHEREAS, the City applied for and received an Urban Development Action Grant {"UDAG Grant`? from the Federal Government dated May 4, 1988; VYHEREAS, the Federal UDAG Grant waq amended on April 3, 1989, and on Sepkember 9. 1991; WHEREAS. The City and Aubum Trax Limited entered irdo an agreement (the "UDAG Agreement") dated June 29, 1989, amended on August 23, 1989. November 20, 1992, Novcmber24, 1992, February !7, 1997, July 1,1997; WHEREAS, Aubum is oumently the fee simple owner of property in Palm Beach County, Florida, descn'bed in E;6ibit "A": WHEREAS, the City is the owner and holder of that certain Mortgage and Security Agreement (the "MoRgage'~ executed by Aubum in Favor of the City recorded oa !cure 30, 19$9 in OfScial Reoord Book 6116, Page 521, Public Records of Palm Beach County, Florida in the original principal sum of F1YB MILLION THREE HUNDRED TWENTY EIGHT THOUSAND snd NOLI00 DOLLARS (55,328,t>D0.00j(wbich consists of the notes referenced be}aw and referred to herein for convenierwe as ttre "Primary UDAG Nate," the "20°iG UDAG Match Note;' and the "Land Note")collateralized by the property described in ErW'bit "B": WHEREAS, Aubum executed a Promissory Note in the original principal sum ofTHRF.E MILLION ; EIGHT HUNDRED FORTY THOUSAND and NO/I00 DOLLARS (S3,B40,000.00) (that is, ,' ._..1= iaematted~ Forn:'rimesrrs:w iz vt r n..f~eu: Ge~Rered _ • Fon~eds Falt Tlmes NEw `~ Raron. a ot -_----~ odeaes o wuaarwauaa~ MaAiG+did~ ad Slborduntion AgitlmenLFebwy 5, IO10.~mgMed t ~n'"~..aa ~..------~ !J:'.gt'N\IR2f!L~LWoll9L~IL4 Mn3ficalian sd Suhnrdi~mo Agroemq~j,~tlq_lJal!p~.M1i'Ci 5.2QiDJ¢~y "Primary UDAG Note") an June 29, 1969 which was Iater modified by an Agreement to Revise Payment Schedule on November 20, 1992 which was modified later again by an Agreement to Revise Term and Payment Schedule an February I7, 1997 which was again later modified by as Agre«nent to Revise Term and Payment Schedule an July I, 1987. which was recanded on duly ]0, 1997, in Official Records Book 9883, Page 1596, Public Records of Palm Beach County, Florida; WHEREAS, Auburn executed a Promissory Note in the original prirrcgral sum of SEVEN HUNDRED TWENTY THOUSAND and NO/100 DOLLARS {$720,000.00) (that is, "Land Nola") on July 29, [984 which was later modified by an Agtvanart to Revise Payment Schedule an November 20, 1992 which was again ]stet modified by an Agreement to Revise Payment Schedule on February I7, 1997 whidr was again later modifaxl by an Agreement to Revise Paymart Schedule on July I,1997; WHEREAS, Auburn executed a Promissory Note in the original principal sum of SEVEN HUNDRED SIXTY EIGHT THOUSAND and NO1100 DOLLARS (576$000.00) (that is, "20'/0 UDAG Match. Note") on June 29, 1989 which was later modified by an Agreement ro Revise Payment Schedule on November 20, 1992 which was again later modified by our Agrernrent to Revise Payment Schedule on February l7, 1997 which was again later modified by an Agreement to Revise Payment Schedule on July 1, 1997; WHEREAS, the 20'Yo UDAG Match Note has now been paid in fuU by Auburn and Orr Primary UDAG Note and hand Note are, still oulstarrding and one sorrretitrres collectively referred to as the "F.xisling Auburn Throe Notes." WHEREAS, the City and Auburn entered irrto a Land Use Restridion AgreerneM recorded June 30, 1969, in Ol]`icial Records Book 6116, Page 470. Public Roeards of Patm Brach County which was [star modified by a >'<rst Amendment to Land Use Restriction Agreement dated April ?Jl, 2006 (hand Uso Restriction Agreement and F'rtst Anrendmrnt to Laud Use R~trirxion Agreement are sometimes hereinafter collectively referred to as the "CUBA"); WHEREAS, Continental Wingate Associates, Inc., the City, and Auburn entered into a Subordination Agreematt relating m the Primary UDAG Note, which Subordination Agreement was originally recorded July 10, 1997, in OfTcial Records Book 9863, Page 1620, Public Records of Palm Brach County, Florida and was re-recorded on July 30, 1997 in Official Records Book 9413, Page 141, Public Records of Palm Brach County, Florida to add the date of the Note described in Page 5 of said Agreement; WHEREAS, Continental Wingate Associates, Inc., the City and Auburn entered into a Subordination Agreement relating to the 20'1e UDAG Match Note, which Subordirretio» Ageem~ -2- hype r+'°"ber - Forrn~llbad: Papa Nuntxr, FonC ?tines New haaan,.B pF i Ddde~ 2¶ ~~ O:NU tUa6261N1o1e Morl6+pe Modlae~liw and 9sbon4~e Agemept Fcbniary S, IelO,~pppRfd .~~~....~ ., J Foran.tee~z ia+t: 71ms IVnM Raman, a of . P4lSttZMON~It~ Maruaae ~.1afi_rtre~ill,gwLS~d+e^~icm Am+wnar~RmLitH1;.Q;~Mateh_s_~~a_ao~ was recorded July lU, 1997, in pfficial Records Book 9883, Page 1636 ofthe Public Records of Palm Heach County, Florida; WHEREAS, Continearbal Wingate Associates, lnc., the City and Auburn ertteted into a Subordination Agtoanent relating to thc. Land Note, which Subordination A,gtoemart was recorded July 10, 1997, in Offiaal Records Baok 9883, Page Iti52, Public Raxrrds of Palm Beach County, Florida; WHEREAS, Orion Bank and Auburn Tracc, Ltd. entered into a Mortgage Security Agreement and Assignment of Rents- Agreettwrt which was recorded in the Official Records Book 20273, Page 1396 of the Public Records on May 2, 2006; WHEREAS, [BERIABANK Corporation, an independent commercial bank serving. Louisiana , is the Strcoessor in intssest to Orion Bank by virtue of certain merger and acquisition agr+eanents; WHCsREAS, for convenience the original loan as between Auburn and Orion Bank and now between Auburn and Iberia Bar>>c shall be refemed to as the"Iberia Loan." WHEREAS, the City, Auburn Trace LTD, and Orion Sank entered into a $ubordmatiar Agreement for the Notes referred to herein as the Primary UDAG Note. and Ure Land Note on Apri126, 2006 reoor~d May 2, 2006 in Official Records Baok 20273, Page 1930. Public Records of Palm Beach County, Florida along with an Amerdtnent to Subordination Agneeanart decal December 13, 2006; WHEREAS, the City executed a Partial Release of Mortgage ('Partial Release") which relea~d a portion of the property scarred by the Mortgage which was recorded May 2, 2006, in OfScial R«~ords Book 20273, Page 1392, Public Records of Palm Heaah County, Florida; WHEREAS, the documents described shave are sometanes copodively referred to as the "Auburn Trace Loan Documents°; WHEREAS, fhe Small Business Administration, an ager~y ofthc government ofthe United Sues of America, ontered into a Mortgage Agreement with Auburn Tree, Ltd., which was recorded in Official Records Book 18805, Page 67, of the Public Rarords of Palm Beady County, Florida on June Z4, 2005 (the "SBA Loan"); WHEREAS, Nye Small Business Administration entered into $ Subordirraiion Agreexrrent as to the SBA Loan which was recorded in OtRcial Records Boric 20273, Page 1427, of the Public Records of Palm Beach County, Florida. on May 2, 2006; WHEREAS, the City has grantal certain permits snd approvals of certain projects and developments which ineorporatt the property dtscribed in Exhbit "A" and which among other things, allow for the affordability .of certain residences under the teens and conditions ofsuch perrrrits and approvals (the pLand Use Approvals"k -3= I):l~Lil~M026~J.lo,JtfiWUOn a~J Suhucdia"tinn A~ramed.RriDLtt~rp.Marcb S 2010,d"a oekcea: sedton arearc ce~•~ Faenrrtsd: Pope ~n~ ~ r,~e rwn,ue., rbnt. ~ ~ Roman, a pt o.r.oaa: at O.wURMD261No1e Mangac Alod~aod;on."a s"~w~ n~,.v~e....y s. mro..~p"a ~~ _ _ Famad~ r-ont Times Mov Ronan. 8 Pr _ J wl1~w~AS, Auburn 511811 be ~S on or efxlut 1 ~, ZQ~Q 8 OQtS~UCbOrt 1t18r1 In 1110 ~ Ddedrd: Mre7~ I] _ ,T apprruturl~e amount of TEPS M1LL1ON 5DC HUi+IDRED 7NOUSAND Bold NO/l OQ ($10,600,000.00) rorn+ame~ oa9', tart ~, wish PNC Garlic, Nepiord Aseociadalt, , a 1latiplal banking associa~an ("FNC'~ to oaxlsbllct 01e plojed ~ r>'daoa~ All ~ t~ (It1e "Projad'~ on a paloel of y 1 l saes, a legal description of which i5 attadled as F.tthihit Detebe~ ,heu k n.id . s . "C" which Is fhe StJti,)eCl ofdte lid Use 81d _ Fwlnletbe~: lledent: Fltst line: 036'. WHEREAS, this lo®n tlehVeell. Aub1m1 end FrIVC 6 SQ111GtGitPS heINIflalleJ'refFaad t0 as life ~~~fm~i~lt ~ I'~1"n a) Is Iled eveol Aeteen prepays Ik lrnmey UDAG NnOe in as on erkkre Now, THFdLEFORF, in ovon of the premises and the rtltrdual agleesnents herein Deeeao6er 91,2010, the Clty e8+eett 11rt ,~,~~°rab`AYeu~l>ti~~. ooldained, es well as the payment Of the sum of T©V and N1X1001X}I.I..ARS (S 1000) ban each fp we c•iy ilrq ro>t!ere ONE MU.Ua>N ~ d1e other arld other good and valuable oalsideration4 retxipt of whidt is hereby arJvlowladgot). the eed xonoo t1nLl.axs cst,nooaaoooo) erdee eaei.maowt dre oe she Pririmary pOttjCS hereto for themselves, they' slieoa$clls 8114 assigns, htreby MIJlU81ly covenant 8114 agree es ~ ~ uDAG Nae 9ha., ONB Me.410N eed follows: Norloo oau~as tst;oaauoo.oo)t>:„n mer.+ha as ectidw owed ~' k prod by Avbam b awg• die Riresry UDACi Recitals The Recitals sd forth above ar+e flue and earned and I Neb. If Ae6.,, rmlc b pay ek lker.sy . . In00rpOFated het~ein. UDAO Nab in JFdI try Dcmm6c91, j 2010, eo prE otdw ben shall k arairrn I wd Primary 1ll1A0 x°la aMl aoalenle 2 Prirrlsrv UDAC Note Arntual payments of ONE HUNDRED FORTY NDVE tobsp:dw.a~,awi~A~on r 1t.ae L°en t)°naeraa..ad ~argnpit >, TNOUSATID TWiD HEJNIXtI~. FORTY E~ and NOV100 DCx.LJ~1RS (5144,?A400) ofprirlaapli and , hemn.auo,a rera~eeea b dii. rt~ (interest is 3% per year) are due on Deoernber 31 of each year: All uslpaid principal and ~. q "'~'°b ~~9 irtesest inchding, btri not limidad to defar+ad inietest, shall be due on hale 3Q2Q22: nri ~~ > ~ uoAG N ~ ~ cey. $elislYeU°n of MoAgsae eekaeee8 all 3. 1~1d IVofz . Artrlt~l pay111a~ of TWFMY-0NE TNOIJSAND TWO I~(1NDR® p-w~ seen say i~desmdna tau a SIXTY FOUR and NOJ l00 DOLS.ARS {521,264.00) of ptinapel are due on .hale 30 of esdt year of tameution unary and ea daeaenaus :el.aea e° tuw- nee sa peopnlies the land NOIe. The Land Note is en inlelest free loan with 8 maturity date of August 1, 2022. per; Q~eiea•eter ertl~Ie .I Tt1e laud Noce shall be paid in its entirety as set forth in Paragraph 5. 1 ,,,.mow { Fanameek Lsdart:l'ht roar a5a' I ~. Tabs Q69',lsR _ - ~ ~ F~rnnRted: Iredelt: Fist Inrr D.56', I 5. Full Papment of the Land Note. in oor>,Riideration of the Cnty into ~ ~~~ ~ -- --- ~-•~~ • this AgReernerlt iAubum agrees to pay 1Jp(lrl the closing Of the Construction Loan the fold ~ , i T~ ~ ~ ~ ass amounts refclrc~d to herein as itlc "Partial Releo.9e Payment°: - -- -- tideaed: eee6eers°emieft6e . oaaUfsedie~ lend N~~1e.71eo araetee~g (~ the full amcxelt of the principal of the land Nate in an arrlwlr-1 of TWO• ~"0"011i"ma°"'6°t,.ndH«"' 71M0 tFirNDRHD FIFrY-FIVE II~.1 DRED f'i.I~DIVE THOUSAND ONE HIINDRI;D SIXTY-EIGHT and NO/100 ~rttousnNDOxtlrtnloxcD.slxrr• tX?LLARS (5255.16$.00). alcatr.aa Nalco 1xxl.ass (5295,16s0a)' IJpai We adt pe0atfar t1w fined Nob• 1 {ba rho fWl amount of the 1)coelnbcr 31 2009 )9ay1nerlt on ille Primary UDAG Note 1 ~t ~; ~, 1 cC~lt~-t of ONE HllNDRk:D FOR"IY NAVE T'HOt1SANU'IWO l~l„INDRED FCXt'1Y ~ S~I rangy os6e, t.°rt « o.sr, felt J . FOUR and NU']00 DOLLARS [S 149244.00 (the" 2009 Prirntuy UDAG Note PaYmerlY'~. Faneattedk Page Nutaba__ _._.... _._ _~ Tweaattadt de Pape Number,, Font: ~ 1 (c~, the ful l lumotult of the late foe nenalfies in llle alnamt of FIFI'FEN '1HOUSAND• ' ~~ Ne''r ~n~ e a = __ ____ J NINE f-IUNDRGD [:lf.,H'lY 5h'VEN and 56/1(10 Df)I,1.ARS t$15.987.56~ and = ~t 0:1AUeM026}Noro Moel~ge ~ Matitiest;oa wd Sebeedlwiba a~i~ The Cily shall execlRc a Partial Release gf Mortgage: ss set forth in Paragraph 6. . ~~ . ; rtin>^ T>r:~ ~,,,, ~ 1 -4= ~.1r1111iM0:b:Nab MoelagN Mndi Fi~y,nn l,RliOl.txliD;.S 20 i4,eic~y , 6. !:a? Upon the causing of late Construaion Loan, Auburn shall pay in full the Land• ror,nnoe~ tndmc: ~:st rne: os' Note, and the City shall exearhe and delivu a partial release of Mortgage from all Auburn 7tiace Loan Documents with trspeci to the parcel of approximately eleven (1 t) acres, a legal. desaipdon of which is atlactrod as Exhbit "C'•(which is the Project) and the same shall be r,aror~ded in the public records of Palm Beach County, Florida. In the event ttrrt parties to the Construction Loan rrxtuine fleet such ticxeanrnt be Alacexl in e~row, the City shall coov4ate with sudr escmw anent bui ,such document ~)wil rxit be rcloase~i hom e'SCtYIw tr<ttil the Partial Release Favment is made. (b} In the event that the Fanial Release Paymtmt is twt made by Aeril 30 20 S t1 ihen by rto later Than May 3, 21)10: (i) nn partial release of nmaaty by the City sl>all occrsr and env documents held in tsaaw~,ll be return Eo the Cc , ity: fulthc annual ~~tts o!'the [.and xote shall resume and be,g'_aiiti .as set firrlh in the Auhurn Trace loan Doowneats: and tali} the 2009 Primary UDAG Loan Pavmertt shall be immediately made along wilh the full amount of the late fec rtenalties and the annual payments of the Primaati+ UDAG Loan Note stroll res~une and be paid a4 sct forth in the Auburn Trttoe L.oatt Docu., .meas. 7. LURA. (a) _Atlached hereto as Exhr'bit "i1Y', whidt is an entail, is a oortfirntation that HUD releases the City fiam all UDAG Gr~rt requirenerds and upon the fidl payoff of>he Ltmci Notts as set forth in 11'arat=_rraph 5 above Auburn shall adht~e to the amended LURA thali comports with the , ; odeo~ s~~t.s affordability requirements end representations of Land Use Approvals. Detet6ed~, DNlEOd:. (b) The City acknowledges, understands and agrEes that after the Closing on -- the Construction Loan. a revised Lend Use Restriction Agreement shall be filed as to the Project by the Florida Housing Finance Corporation as W the remaining twenty (z0) acres which is security for the Primary UDAG Notes - • S. City rdiastion artd Il-cria Loan Limitation. ~ wormaibd:Fonot~ld ~D~de L}_The City reconfirms its continued subordination of the Primary UDAG Nate and Matigage to the Iberia Loan with respect tv the remaining 2Q acres which is security for both the Iberia Loan and the Primary UDAG Note. • ---- •-~- Fonnetea: trident: rust sne: t>.5" , (b} Aul3urn tea that after closing ofthe Cvnstn-ction Loan occurs. t}te Iberia ~°~r .._. .._-.._.__~.~.. ~ Loan shall not excoed a prirtciga] amount of FO~JR MILC.It?N SEVEN HUNDRED ~-F°""°'ttee'ragera'"'drr ~ ~ flFl'Y'TIIQUSAND an_d_ NQ/_I l>D D4LLAttS f$4 750,1?OO.OUI. ' FOf"'~°d' ~"""'~'~ r°"~ ~ rimes r~kw aansn,. e d 9. Further Assuranees. Each of the parties hereto will execute and deliver ~ o~ i~ awx~ Mono such furt}ter jnstrutirienls and do suds furt}te~ acts and things which may be required to carry • r Moaifk~iiaa ud subnrdi.n~on aye te~y a. ~uro.o~ea out the intent and purposRS of this Agreement Such doctmrents shall inchrde, bul not be ~ a,.~.eo~ ~r 1AIIHM02~ItKehter~yp~c Modirionotm and ;4nbadignlim A [invited to a separate instrument confirming subordination of the Primary L1DAG Note and Mortgage to the Iberia loan. 10. Amendment The. Auburn Trace Loan Documents are hereby am~ded and _ _ modified ,py this Agreement. Any provisions in the Auburn Trace Lean Documents in adetea• conflict with this Agreement ere hereby supers~ed by the terms of this Agreement. L""~ -.-- 11. f~ntire Aereeasent. This Agreement, the Auburn Trace Loan Documents _ and~he ~rther documents and agreemerrts referred to herein, as madi6ed and amended, t t oarsstilute the entire agreement and tardersianding between the parties hereto with rep~r~d to the ' ueiabea: __,.__.~ subject matter hereafand supersedes ail conflicting previous oral or written agreements and understandings with respxt (hereto. Neither this Agreement nor the provisions hereof may be waived, amended, or changed except in a writing signed by the party against which enforcement of such waiver, amendment, or change is sought. 12. Miscellaneous. If any provision of this Agreement is held to be invalid~,or,pnenforoeable, the remainder of the provision of this Agreement shop rernaio in DdeSed: T~ _. foil force and effect and shall in na way be afi~ed. This Agreement shelf be governed and odd construed in sooordance with the laws of the State of Florida, both substantive and governing - ~~ -___.._....__~ remedies, 'psis Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrrunent and each of which shay be deemed to be an original. All Exhibits are hereby incorporated by rEferertoe and made a part of this Agreement. l3. ElCectiveeesc of Aareemerrt: Subordination. This Agreement shall not be etl'ective,lnrttil it is executed by all parties and by the Mayor of the City of Delray Beach. odarea; The City shall not have the Agreement executed by the Mayor until Auburn pradsrces resolutions as to the proper signatories to This Agreement. The City understands that by agreeing to this Note and Mortgage Modification Agroement, that the previously entered into sube~nation agroetnents remain in effect as to this Primary UDAG Note, Mortgage Modification and Subordination Agreement. 14, No Waiver. The parties agree that by apowing a refinanang in the past and#n~lse~"irtsue by Auburn without accelerating the entire balances due the City th, a City ~ ndee.a~~__ does not waive the City's right to accelerate the entire amount upon all outstanding 1Votes in ~ ndaced: ~ ~ ~ " '~~ the event of default or upon an additional refurancing by Auburn, unless expr~ly waived ;' oe~: "'~ - - in writing by the City, Pursuant to the terms of the Auburn 'trace Loan Documents. •-..__._._.........._.__ ........., E rwm.taa: row: nmttedd - rL~ofrilpPi fN~4 ltK YM,Y. l5, Neadirras. The naraeraph headings used in the Conira~t and. ifs Exhibits . ---_------- _ . _.._.._..__... arc for convenience only and shall in no way limit or be used to construe the meaning of ~ r°°"'~ ~° Na"'~` the provisions hcr~eof, ~ Fo•n~ Page Nimibe-. f°"t; 71mes New Raman, 8 vt ._..__-- tadeoed: z~ iN WITNfwSS WHEREOF', tbe parties have cattsod these prr'saits m be execrrmd, ap ~~ ~ „`~° en the date and year first above written. ~~ ~Fe~ s, znro,~o~ma -b= FonnaRbe~ Fad lknrs New Roman, a pt ~yil1n1~1nMU~,K.Ma~ce ModiFigelion,nd Su6orda~on Aj~l,[t7rtD,Merth 5 20rp,dnp, Signed. sealed and delivered in the presence+ of: Print Name Print Name Print Name Print Name AU9URN TRACE, LTD:, a Florida limited partnership 4y: Auburn Traceloint Venture a Florida general partnership its General Partner By: Auburn Management, fnc. a Florida corporation, its General Partner Brian Hinraers Its: ChieF Executive Offteer By: CITY OF DELRAY BEACH, FLORIDA By: Woadie MaDuffie, Mayer Atlest: City Clerk Approved as Form: City Attorney -7- i Fomoetrd: Pays Numhc 1 Fonn+tEed: PspE Nlpntler, Fart: ^.m; ~7lrtles Ntw Roman, B pt - .---- DeM~d: N UMU6M02G1Notc Motlgeg~ Molifialian and SubwdWia- Afesnml.Febfurry 5, YO1D AeeWbod ~~a.. Fi~matoed: FantA 11m~s New ~fll ,AlfnMt1161Nnta A~g{~~ce AtpQil~plipn pM(SybmdiaEios A~eemenL,RE~DLtftGU.M~oh52a10,do4 STATE OF FLORIDA CO[JNTY OF PALM BEACH The Foregoing instrument was sworn to and subsen'bed before me this _day of February, 2010 by Brian Hinners, Chief Executive Officer of Auburn Management, EnC., General Partner of Auburn Trace Joint Venture, Genera! Parker of auburn Trace, Ltd. Signature of Notary Public-State of FL Print, Type, or Stamp Commissioned Nsmt of Notary Public My Commission Expires: Personally Knowtr_OR Produced Identification Type of Identification Produced STATEOF FLORIDA COUNTY OF PALM BEACH 'The Foregoing instrument was sworn to and subscn'bed before me-this day of February 2010 by Woodie McDuftie as Mayer oFthe City of Delray Beach, Florida. Signatut~ of Notary Public-State of FL Print, Type, or Stamp Commissioned Name ofNotary Public My Commission Expires: Personally Known_OR Produced Identification Type of ldenlification Produced '8. t Fornarbe~ pope rlumtbr lbemalte~ Page Number, Flint: ~ Times Mew Ronan, 8 Pt - -~ Ddnead:2~ A.V-UI;MDUrINar; Monarree 1,6odificaliwr tad Subndrrioa ~9 S, 24rQ:rcoepiad FerrmaMad. rbrlt: l'Yaes New ' Borneo, a pt, .. E);,AUH¢tt12h1jyiMr Mum 61odi_F.rp.;lio_n_mw! Rubndipnlion :1.~,rarmcra,REp[,t?! j;.QMereh S 2010,dtw~ Page is [3] be#ebed etlsabetA 3/3/2x10 30:00 PM O:WUHtitt1261Nde Mortgage Modifiealinn end Subordianlion AgrcaneM.Febroary 5.7AIO.eeCeplod ahangcs.doc EXHIBIT "A" Tracts A, C, D, F & G of the Plat of AUBURN TRACE, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Hook Cr4, Page 184, Public Records of Palrn Beach County, Florida. Now known as: Tracts A, C 1, C2 & D of the Plat of Village at Delray,. according to the PIat thereof on file in the Office of the Clerk of the Circuit Court in and far Palm Beach County, Florida, recorded in Plat Book 112, Page 35, Public Records of Palm Beach County, Florida. EXHIBYT "B" That part of the Subdivision of Section 20, Township 4b South, Range 43 East, PaLa~ Beach County, Florida, according to the plat recorded in Plat Sook 1, Page 4 of the Public Records of Palm Beach County, Florida, described as follows: The West half of Lot 25, less the North 25 feet thereof; the East half of Lot 25, less the Nortb 25 feet thereof, less the east 25 feet thereof, less the South 10 feet thereof and less the North 310.20 feet of the south 320.20 feet has measured parallel with the East line of said Lot Z5) of the West 295.20 feet of the East 324.20 feet (as measured parallel with the South line of Saf d Lot 25) ; the South 10 feet of the West 25 feet of the East half of Y,ot 25; the west 25 feet of the East half of Lot 26; the West half of Lot 26; and the East half of Lot l8. EXHIBIT "C" LEG~4L DESCRIPTION: TRACT C--1, VILLAGE AT DELRAY, ACCORDfNG TO THE PLAT THEREOF AS RECORDED IN PLAT HOOK 1 ~ 2, PAGES 35-41, OF THE PUBLIC RECORDS OF PALM LEACH COUNTY, FLORIDA, SAID LANDS SITUATE LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 11.03 ACRES MORE DR LESS. ~w: uuAU cfrsnt t, jt>estton - tattoo+.lvJait Page ] of t hoar r~ ~~ EXH18~T ~r~~, ~W: UDAG GranE Qua~tion `Tuesday, March li, 2006 4:57' PM ProRC 'Butler, Wfs' <BuUer~cl.d~lray-beECh.fl.uaa Ta, datw+~DulaetEeZDD3~yahoc.rnnf ImapeBQS.)DO I2K$) ~egttest; this is the e-me1 front HE1D xeg>drding 0te ~s UbAG Agreemett#. Let me lonow if this b From: Alperk, Dl~ebeth 6elsb Tuesday, P'br'th 11, 2008 4•,56 PM To: Butler, lute Subj~ P1Af: UDAG Grant Question, From: AlpCrtr El(rabeth Senn Tt~day, Jancrory 22, 2006 4:02 PM Ta: Butler, L.u1a Subjads RN: UDAG Grant Queslbrt 15rosn: Karrrirtsky, OaMd [ma1lm:Davld.KamMsky~ud.gonr) Sant: Ttsesdey, ]snuary 22, 2008 3:57 PM Tos Alpert, Bl~abeth subject Riw UDAG Grant Question The ~ satisfied its obligation to HUD whit ~ closed fie $S.8 mtlAon roan as pet requ'semenbs of the grant agn3ernent between HUD and the oily. 71te only rens:lninp requirement b that the first time repaid funds are used by the otiy they arcs spent on Title t eligible activities. The city Is free to forgive or rastructtue the debt as itvvishes with no requirement fcr HUD approval. Fromr Alpert; 8fasbeth [matito:Alpert~-ci.dekay-beathtl.usl Sena Tuesday, 3a~ry 2Z, Z008 3:34 PM To: Kaminsity, David Subject: Ri:: UdAG Grant Question prom: aper#, Ei{~treth Serstr Friday, ~attuary 18, 2008 2:Z3 PM Tos 'davld.i®mtnsky~ hud.gov' httpJ/us.mo318:mail.3-e~1QQ.comlma/sho FW: UAAG Grit lZueslion -Yahoo? Mail Page 2 of 2 6ulr~set» l1DAG Grant QueStlat Ili David, La Vora Hvasey, my CPD Seld lteg, gave me your cxnit$at information is hopes that you might assist me in ansvref3ng the following question: Ia 1989 the Chy of Delray Brach was atverded a 53.8 nm'llian dollar Urbaa Development Action (iJDAG) grant in support of the development of the Anbuun Trace, a 25b development of affordable rental. woits; The agroament xeq~ced that the City loan these dolhus to the developer. ~3LIU approvod the initial agreemenot and loan setncttae. Since that time,. the City bas allowed. the developer to restruchme the loan aeverai times. 'The developer is now askiag the City to forgive 51.5 millioa andtestr+~cttae the paybade of the bahmoe based on a sahedulc of ealea for affardable tovun homes that will bo consbnrcted over the next 5 pears m support of a new affordable rental complex that will be built on the existing site awned by fire Delray Beach Aouaiug Atdhority_ The quostion we have is whether or not this will regnire SUD's approval? Your assistance is gt+eatly appreafated. Bestregards, Elizabeth Elizabeth B. Alpert Neighborhood Services Adnsinistrator Gty of Delray Heath t40 N.W.1st Avenue, Delray Beach, BL 33444 Tel: 561 243-7282 / Taz:561-243-7227 °YOK jIQVB d0!llgl~lrg ~O U~EI ~~lOl • 7 lI~E ~1AL ~ ~loe~ Od/Olt ++* e5afe scanned this email Eox malicione content +~'+ +** IMPORTANT: Do not open attachments from unrecognized senders +** +~ * ~ elate scanned this eoaai.l for mal.lcioua content *++ ++* IMPORTANT: Do not open attad~menta Exom unrecogaizmd senders +** http:/Jus.mc31 B:mailgahoo:oom/mcJshowMessageTfid~abox&avct~ate8rordec~down&st... 3/11/408 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM:: Richard J. Reade, Sustainability Officer THROUGH: David T. Harden, City Manager. DATE: March 5, 2010 SUBJECT: AGENDA ITEM WS l - SPECIAL/WORKSHOP MEETING OF MARCII 1.1.2010 GREEN TASK FORCE/PRESENTATION OF STATUS UPDATE AND RECOMMENDATIONS ITEM BEFORE COMMISSION The City's Green Task Force will provide the City Commission with an annual status update and recommendations related to the City's sustainability efforts. BACKGROUND In 2009, the City Commission created a new City Board, the Green Task Force, (GTF) to make recommendations to the Commission regarding environmental sustainability and ideas to implement the recommendations. This Board is made up of seven (7)members with two (2) appointed alternates. Each Board Member maintains an expertise or an interest in environmental conservation and sustainability. The Green Task Force was charged with responsibility for reviewing City operations and policies toward achieving Delray Beach's sustainability goals and providing recommendations to the City Commission. The GTF Chairman, Yalmaz Siddiqui, will provide the City Commission with a status update regarding the City's and the Green Task Force's efforts (goals and accomplishments) and recommendations to proceed forward, including: Proposing to rename the Green Task Force to the Delray Beach Green Implementation Advancement (GIA) Board Information on the Roles & Principles of the Green Task Force Information related to the development of an Environmental Scorecard for various objectives that were provided within the GTF's Recommendations Report • Recommendations on projects/opportunities to be considered: Icon projects Other ideas http://miweb001 /AgendasBluesheet.aspx?ItemID=3107&MeetingID=253 3/5/2010 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: March 3, 2010 SUBJECT: AGENDA ITEM WS.2 - SPECIAL/WORKSHOP MEETING OF MARCH 11, 2010 PARKING STUDY VALET PARKING REVIEW ITEM BEFORE COMMISSION The item before the City Commission is that of providing direction to Staff regarding review of the Valet Parking Program to be completed by Kimley Horn as part of the Parking Study. BACKGROUND At its meeting of December 1, 2009, during the deliberations of a request from Tramonti's Restaurant to establish a valet queue, the City Commission inquired about the level of review of valet parking to be conducted by Kimley Horn as part of the Parking Study. Staff was asked to assure that review of the valet program was comprehensive enough to provide clear direction for the future oversight of the program. In checking the current agreement, Staff finds review of the valet program was limited to confirming which parking lots were being used to store vehicles, hours of operation and to identify whether the valet services would be considered as a supplement or detriment to public parking programs as currently managed or in the future. Attached for your consideration please find a proposed scope of services from the consultant outlining a comprehensive review of the valet parking program. Staff feels the $17,210 proposed cost may include more components than necessary to provide an ample recommendation. Staff suggests having the consultant perform tasks 5 and 7 and to consider task 4. The appropriate location of valet queues will be of paramount value when addressing future requests. Additionally, understanding how the valet program will interface with a fee based program, if instituted, may alleviate potential conflicts. Task 4 is being considered to understand how efficiently the current valet system is operating in addition to discovering the number of vehicles being accommodated. Although tasks 1, 7 and 8 of the proposal seem to already be included in the current scope of services, the project manager assures me the proposed prices are discounted due to their partial inclusion in the original scope of services. RECOMMENDATION Staff is seeking direction in this matter. http://miweb001/AgendasBluesheet.aspx?ItemID=3099&MeetingID=253 3/5/2010 Task 12 -Review City Valet Operations As part of evaluation of the City's parking requirements, we will perform the following tasks: Tasks Fee ]. Review current ci valet ordinance $ 900 2. Conduct interview with. stakeholders $1,350 3. Conduct interview with valet o erators $ 850 4. Review/survey existing valet operations to include such items as $2,600 o Location of valet in respect to destination o Number of vehicles served by location o Size (number of vehicles) of staging area o Location where vehicles are stored o Time to return vehicle to patron o Cost o Dress of valet attendants o Appearance of valet stands 5. Review and identify potential locations for additional valet operations and/or $1,720 reduced valet operations to serve as "super valet" locations servicing multiple businesses 6. Conduct public meeting to discuss findings and alternatives/improvements to $1,970 existin o erations and ci ordinance (meetin re /exhibits) 7. Determine how the valet program will interface with a fee based program if $1,700 one is instituted. 8. Develop recommended modifications to the City's parking policies and $5,490 regulations that are consistent with. best parking management ractices Sub-total $16,580 Total (includin 3.8% allocation $17,210 Meetings -This task will require four (4) meetings as identified: • Meeting with client • Interview with stakeholders • Interview with valet operators • Public meeting Estimated cost for this task is $17,210, inclusive of expenses.