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06-08-10 Special Workshop MeetingDELRAY BEACH CITY COMMISSION ~~-~~~~ CITY OF DELRAY BEACH FLORIDA SPECIAL WORKSHOP -TUESDAY UNE S 2010 6:00 P.M. FIRST FLOOR CONFERENCE ROOM ~ 993 20D1 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppoxtLmity to participate in. and enjoy the benefits o£ a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hoots 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 MEETINGAGENDA 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 fox the following purposes: LETTER OF COMMITMENT/PALM.BEACH COUNTY: Provide authorization for the Mayor to sign a Letter of Commitment to reimburse Palm Beach County in an amount up to $18,000.40 for the conversion of the signalized intersection at N.E. 15k Street and N.E. Ss' Avenue (southbound US 1) to accommodate two-way traffic on NE 1st Street. Funding is available from 334~31~2-541-65.$$ (General Construction Fund/Capital Outlay/S.E. - N.E. 1st Street One-Way Pair). 2. ~ZUIREMENT TO CHANGE BUDGET HFIARING DATES: Consider approval to change the first budget public hearing date currently scheduled far Tuesday, September 7, 2410. WORKSHOPAGENDA 1. Provide an update on the Fourth of July Festivities 2. Presentation regarding a potential Compressed Natural Gas Fueling Station 3. Discussion of the Charter Amendment for Commission Terms 4. Update on Negotiations with SunGard for Public Safety Software 5. Commission Comments arrrrrrrrrarrrrrrarrrrarrrrrrrrrrrrrrrrrrrrrrrrrrrrryrrrrrrrrrrrrrrrrrrrrrrarrc 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. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcaxek, P.E., LEED AP, GISA, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 2, 2010 SUBJECT: AGENDA ITEM SP.1 - SPECIAL/WORKSHOP MEETING OF JUNE $, 2010 NE 1ST STREET (r~ NE 5TH AVE (SB US 1) SIGNALIZED INTERSECTION, FIN 2004- oa6 ITEM BEFORE COMMISSION This item is before the Commission to approve/authorize the Mayor to sign a letter indicating the City's commitment to reimburse Palm Beach County up to $18,000.00 for the conversion of the signalized intersection at NE 1st Street and NE 5th Avenue to accommodate two-way traffic on NE 1st Street. The CRA will be providing the Funding for this work. BACKGROUND In 2009 Palm Beach County converted the signalized intersection at NE-NW 1st Street and N Swinton Avenue to accommodate the conversion of NE 1st Street from one-way to two-way traffic. NE 1st Street was then converted to two-way from N Swinton Ave to NE 4th Avenue. The block between NE 4th Avenue and NE 5th Avenue could not be converted because the signalized intersection at NE 1st Street and NE 5th Avenue was not converted. The reason this intersection was not converted was because Floxida Department of Transportation (FDOT} had concerns about the extra weight being added to the existing poles that support the signals. Obtaining a structural analysis was impossible because of the age of the existing poles. After several meetings with FDOT and Palm Beach County, FDOT agreed to utilize an analysis method that compared the total surface area of all existing signal heads to the total surface area of the proposed new signal head configuration. This comparison included reducing the size of some signal heads in the east west direction from T2" to 8". The analysis was completed, submitted to FDOT and the permit was issued. Palm Beach County can now proceed with the conversion. FUNDING SOURCE 334-3162-541-65.88 RECOMMENDATION Staff recommends approval. http://miweb001/Agendas/Bluesheet.aspx?ItemID=3379&MeetinglD-295 6/4/2010 02 June 2010 Mr. Dan E. Weisberg, P.E. Director, Traffic Division Palm Beach County Engineering 2300 N. Jog Road West Paim Beach, FL 33419-2745 Re: NE 15{ Street @ NE 5~' Ave (SB US 1) Signalized Intersection Project # 2004-00fi Dear Mr. Weisberg: This letter is to inform you of the City's commitment to reimburse Palm Beach County up to $15,000 for the conversion of NE 15t Street and NE 5t~' Avenue (southbound U5 1) signalization from one-way to two-way traffic on NE 1$t Street. Please provide our City Engineer, Mr. Randal Krejcarek, P.E., the appropriate paperwork to finalize this agreement and allow the work to commence. Thank you for your assistance on this project. Sincerely, Nelson S. "Vlloodie" McDuffie Mayor Cc David T, Harden, City Manager Randal L. Krejcarek, PE, LEED AP, GISP, City Engineer Diane Colonna, CRA Executive Director Projec# file C:IProgram FifeslNeevia.ComlDocumentConverterlfemplPDFConverf.8447.9.nelsf-ne 5av commitment itr. doc Prom: ~f~ To: Krelcarek. Randal Cc: Kate ScoCt; Dan. Welsbera; ~p,geJJlx su6jeck: NE 1st and ~tE 5Yh Date: Tuesday, ]une Ol, 201U 5:E30:98 PM Randal, We receive the approved permit for the subject signal. We are preparing the package to release the work to the contractor, I need a PO or a commitment letter from the City to pay for the COnStrUCtiOn. The estimate is about $15,000.00 ~- $3,©00,00 contingency = $1$,Op0.00 total. Please send its the commitment ASAP, so that we can release this to the contractor. Thanks, Fattoush Under Florida law, a-mail addresses are public records. if you do not want your a-mail address released in response to a public records request, da not send r:lectronic mall to this anti#y. Instead, con#act #his office by phone or in writing. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 3, 2010 SUBJECT: AGENDA ITEM SP.2 - SPECIAL/WORKSHOP MEETING OF J[7NE 8, 2U10 REpiTHtEMENT TO CHANGE BUDGET HEARING DATES ITEM BEFORE COMMISSION This item is before Commission to approve changing the first budget public hearing date currently scheduled for September 7, 2010. BACKGROUND At the March 2S, 2010 Annual Organizational Meeting, the City Commission approved the September Regular Commission Meeting dates of September 7, 2010 and September 21, 2010. Public hearings for the FY 10-11 budget would have been scheduled on these dates as well. However, the School Board is holding a budget public hearing on September 7 and Palm Beach County is holding one on September 14. By law, we cannot schedule a budget hearing on the same date as the County or School Board. There is no conflict for the September 21, 2010 meeting. In addition, Monday, September 6, 2010 is Labor Day and City Hall is closed; and Thursday, September 9, 2010 is Rosh Hashana which begins at sundown on Wednesday, September 8, 2010. The Commission could move the entire meeting scheduled for Tuesday, September 7 to Wednesday, September 15, or the Commission could conduct the September 7 meeting as scheduled and just move the public hearing for the budget to September 15. RECOMMENDATION Recommend approval to change the first budget public hearing date, currently scheduled far September 7, 2010, and provide direction to staff regarding whether to reschedule the entire September 7, 2010 Commission meeting. hrip://miweb001/Agendas/Bluesheet.aspx?ItemID=3380&MeetingID=295 61412010 Nubin, Chevelle From: Herrmann, Lisa Sent: Wednesday, June 02, 2010 7:08 AM To: Harden, David; Nubin, Chevelle; Safford, Joseph; Smith, Douglas Subject: Budget Meetings Good morning, T have gotten notice today from the School Board regarding their September budget meeting. Tt will be on Tuesday, September 7th. T don't know why they are having it on a Tuesday this year when it has always been on a Wednesday in the past. The County Budget meetings are September 14th and September 28th The first meeting can be scheduled anytime between September 3"d and September 18th {except the 7th and 14th) Lisa Herrmann Budget Officer (561) 243-7128 i Page 1 of 1 MEMQRANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 4, 2010 SUBJECT: AGENDA ITEM WS.l - ~PECIAL/WORi{SHOP MEETING OF JiJNE 8, 2010 UPDATE ON THE FOURTH OF JULY FESTIVITIES ITEM BEFORE COMMISSION Sarah Martin, Executive Director of the Downtown Marketing Cooperative, will be making a presentation on 4~ of July sponsorships to date and review expenses. Commission is also being requested to consider agreeing along with the CRA to provide funding for this event if sponsorships fall short of meeting expenses. BACKGROI]ND Attached is a memo received from Ms. Martin, requesting that the City consider agreeing along with the CRA to provide additional sponsor revenue for this event in case private sponsor contributions fall short in meeting expenses. Also attached, is an event budget with a current status of sponsor commitments. At this time, we are about $22,300 short on the revenue side. Part of the reason for this is that some sponsors backed out of their original commitment. Ms. Martin continues to contact potential sponsors to raise funds. However, due to major expense commitments, we need a backup plan to ensure funds are available to meet contractual commitments by June 28, 2010. The CRA will be considering a similar request at their meeting on June 10, 2010. RECOMMENDATION Staff recommends consideration of this request to agree along with the CRA to provide additional funding for this event if sponsorship income is not realized. If Commission is agreeable to this request, you may want to put a cap on funding provided. httpa/miweb001/AgendaslBluesheet.aspx?ltem1D=3383&MeetingID=295 6/4/2010 ~I f I '~ ,~ #i~ MEMORANDUM TO: David T. Harden, City Manager FROM: Sarah Martin, Executive Director, DMC, Inc. DATE: June 3, 2010 SUBJECT: CITY AGENDA REQUEST - 4~ OF JULY SPONSORSHIP UPDATE AND FUNDING REQUEST I have diligently been working on and will continue to work on securing sponsorships far this event to meet our expenses. Attached is a copy of the event expense budget and sponsors committed to date. At this time we are $22,300 short of meeting our expenses. The main expenses for which we have either had to enter into a contract or have committed to are the fireworks show, barge rental, dockage fees and services and hotel rooms. We have worked diligently to cut our event casts. On behalf of the DMC I axn requesting that the City as well as the CRA serve as a funding backup for the 4th of 3uly in the event we are short of sponsor fundin~ to meet expenses. funds need to be deposited in the DMC account in order to make payment by June 28t . Thank you for consideration of this request. cc: Robert Barcinski, Assistant City Manager Encl Delray Beach Downtown Marketing Cooperative s City of Delray Beach r Community Redevelopment Agency m Downtown Development Authority a Greater Delray Beach Chamber of Cormnerce 64-A SE 5'~ Avenue, Delray Beach, FL 33483 + Tel: 561.279.1380, ext 16 s Fax: 561.278.4555 www.DowntownDelrayBeach.com 7 ~ ; ,:~: July 4th Celebra~Eion 20'!0 ~~~~~s~~ Contract Services 56,400.00 .................... . _,_ Fireworks 38,000.00 Dockage l=ees $,400.40 CrewlACCOmodations 8,500.00 Entertainers 1500.00 Design &Typesetting -Events x,000300 Equipment mental 1 Lease 2Q,bo0soo ............ Harge 20,000.00 Tent & Barge 600.00 Supplies Purchased -Events - SQO.tIU Travel, Nieals & Meetings -Events 5 0: Total )uly Fourth Celebrations 80,OOOi00 INCOME Sponsors Invoiced Amount Date Rcv'd In-Kind Donation INVOICED: Comcast S atli ht PSA's & Banners FPL $ 2,500.00 Banners Marriott $ 1D,OOD.OD VIP Rece tion Food & Bev 1 Banners Michael Weiner & Assoc. $ '[,500.00 Banners Boston's $ 85D.OD Luna Rosa $ 850.00 IVewchannel 5 PSA's & Banners Sunn 104.3 PSA's & Banners SunSentinel Ads, Web, etc. Total Funds Invoiced $ 95,700.00 iN: Hardrives, inc. $ 2,OODAO Banners Cit $ 38,DOD.DD Michael Weiner & Assoc. $ 2,000.00 Total Funds In: $42,000 Balance $ 57,700.00 NEEDED: Bank $ 5,OD0.00 So Fl Ford Dealers $ 10,000.00 Other $ 7,300A0 Total Event Revenue $ 80,000.00 613110 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 3, 2010 SUBJECT: AGENDA ITEM WS.2 - SPECIAL/WORKSHOP MEETING OF JUNE 8, 2010 PRESENTATION REGARDING A PROPOSED CNG FUELING STATION ITEM BEFORE COMMISSION Requesting Commission to consider providing staff direction to work with Wise Gas, Inc. in preparing a joint grant proposal to apply for American Recovery and Reinvestment Act (ARRA) funds to construct a Compressed Natural Gas {CNG) fueling station and convert City vehicles to CNG. BACKGROUND Wise Gas, Inc. has approached the City with a proposal to jointly submit an ARRA grant application to construct a CNG fueling station and to convert City vehicles to CNG. The CNG fueling station would most likely be sited on City-owned property and would also sell CNG to the public. The proposed CNG fueling station would be operated by a third party and a portion of the proceeds of the fuel sold to the public would be returned to the City. If Commission gives staff direction to work with Wise Gas, Inc. to prepare a joint grant proposal to apply for ARRA funds, then Commission will see the grant application and the Letter of Intent (draft attached) on the June 15, 2010 Regular Meeting Agenda for approval. http a/miweb001 /Agendas/Bluesheet.aspx?ItemID=33 82&MeetingID=295 6/4/2010 June 3, 2010 Wise Gas, Inc. 1473 Sunset Way Weston, Florida 3332'7 Atten#ion: Christine Slager RE: Letter of Intent for CNG/State of Good Repair Gran.C ~1~iplication Dear Ms. Slager: This letter of intent (this "Letter of Intent''~;con#It~rns the intenti[~n end commitment of The City of Delray Beach {"City") and Wise Gas Holdings, LLC andlor Wise Gas, Ine. ("Wise Gas"} to subrrrit an application (the "Grant Application") for gzant' ixssistance (the "Funding"') -l~nrsuant to the State of Good Repair and/ar CIean Energy/ EECBG Compressed Natural C~as Fueling Infrt~.~tructure Program (the "Program"), which is supported by economic stimulus funds allocated to the 1epartment of Transportation, Department of Energy a~nc3!or Florida N•zk<<rgy aril Llimatc Cammissi~r~ --from the U.S. Department of Energy. This Letter of lntel~t sr~persedes tiny previ~ius discussions ar proposals engaged in or made by City or Wise Gas ar any ol~ t}~c c,ffccrs, dircct~:irs, managers, members, attorneys or shareholders of Wise Gas or City with respect to tlc rt~attcrs lddressed herein. In this Letter of Intent, City and Wise Gas are jointly referred to as the '`Parties" a~~d individually- as a "Party." This Letter cif I~~tertt has beeri pi~zpared and ;executed to clarify thz relationship of the Parties and the responsibilities and o1?ligations of eaeil Prrr(y u1 cor~tlection with the submission by City of the Grant Application and the prciposed project. ithe :"Yro.jecl") described thereih. Except as specifically provided below, City <incl 4~`ise Gay ~t~-ee ih~~l trcitl~cr cal` t}gem Mall be legally bound with respect to the Grant AppIicatic~n or the 1'r-ojecl unless r~ncl iniil ["iy atilt \~~is~ (;ts, ar subsidiaries or affiliates thereof, execute and ds:li~<er atr ~lgreenrerrl (~~.s }acrcirtaftcr defined) 1~Tith res}~ect to the Project. City and Wise Gas are the sole partics,_to this Letter of Intent, anal too other person or entity including, without limitation, City's and Wise Gas's respective shareholders, ~~tticers, directors, employees and lenders, shall be a beneficiary of or shall be entitledt~~ rely upon this Letter of Intent. 1. The Grant Application. Wi;,c [.; as and CITY hereby acknowledge and agree that City is the sole applicant listed an the [Sriint Apl}I'tcatinn and that City may, in its sole discretion, accept or decline Funding in the event Furrdin~. is awarded to City. In the event Funding is awarded to City, City shall explore the potential benefits end tennis and conditions of the Project, including without limitation the respective roles and responsibilities of the Parties, the financial, regulatory and political feasibility of the Project, the fnancial and operational terms and conditions of the Project, including those related to acceptance of Funding, and the scope of the Project. If City determines that it is interested in accepting Funding and proceeding with. the Project and secures the appropriate internal authorizations to proceed with the Project, the Parties, or subsidiaries or affiliates thereof, intend to negotiate and attempt in good faith to enter into a definitive contractual agreement to document the terms and conditions of the Project (the "Agreement"}. The Agreement shall contain the terms and conditions as contemplated by the Grant Application and such other terms, including, without limitation, representations, warranties, indemnities, covenants, conditions and remedies, that are customary for a transaction afthis nature. Wise Gas, Inc. June 3, 2010 Page 2 2. Assessment Period. Following execution of this Letter of Intent, the Parties shall have a period of assessment during which time City shall evaluate the Project and determine whether it wishes to proceed with negotiation of an Agreement (the "Assessment Period"}. During the Assessment Period, City and Wise Gas will work together to do the following: (i} Wise Gas shall investigate any local, state or federal regulatory requirements, including with the Federal Energy Regulatory Commission, related to the construction, reactivation and/or abandonment of facilities required for the Project. (ii) The Parties will review and analyae all relevant information regarding the Project as identified and provided by each Parry and provide anv:~~dditianal documents, feedback or other resources reasonably necessary to complete ~:tich Party's due diligence process; (iii} Wise Gas will assist City with its due dilil;~nc: process by providing applicable documents, reasonable access to employccs anti other resources identified- by City as relevant to such process or as reasonahly rcc3ucsted by City regarding existing projects of Wise Gas's that are similar to or could b~ eelevant to the 1-•c~ject; {iv} The Parties will investigate the political and public relatioi~ aspects relevant to the Project; {v} The Parties will develop a business,~lan for the Project; and (vi) City will assist Wise Gas wiih ils :clue diligencz;_ process by prt~~~iding applicable documents, reasonable access to cn~pl~ryees anal ~rther resources ideztti~c.d by Wise Gas as relevant to such prc~ce~~ or as rc,,i~c~rr;zbly re~ucst by Wise Gas r.,ga~ding existing projects of City's that arc sitriilar tc:, c)r cortlcl he relevant to the Project. 3. Confidentiallnformatinn_ {a) Conficl~ r~liality. (i) ['onfidential lnfcimialion I)etiiaed. In connection with this Letter of Intent and the :Grant Application, each of the Parties has disclosed and may continue to disc:lo~c toth~ otter Pciriy inf«rrilation that relates to the disclosing Party's, or ixZe. or more of the discl~tiin~ T'a~ty's affliates', business, affairs, customers (past- present or prospective I, ctt~ployees, service providers, financial condition, marketing `'ar development plans, strategies, inventions, discoveries, ideas, concepts, processes, techniques, methodologies, know-how, forecasts and forecast assurnpti~ns.and volumes, performance, or operations that such Party treats as co~#identi.al cr proprietary. Except as otherwise specifically agreed in writing by ;the Parties, City and Wise Gas each agree that: (i) all information c<:~mmunicate~l to it by the other and identified as confidential or proprietary, whether tiefo~e or after the date hereof, {ii) all information identified as conf~dential''or proprietary to which it has access in connection with the Grant Application, whether before or after the date hereof, (iii) all information communicated to it that reasonably should have been understood by the receiving Party, because of confidentiality or similar legends, the circumstances of disclosure or the nature of the information itself, to be proprietary and confidential to the disclosing Party, (iv) the other Party's "Trade Secrets" (as defined below), (v) all information concerning any breach under or dispute regarding this Letter of Intent, (vi) all infarmation that represents the confidential information of a third party and has been disclosed to a Party subject to an obligation of confidentiality, and (vii} the terms and conditions of 2 Wise Gas, Inc. 3une 3, 2010 Page 3 this Letter of Intent and all matters related thereto (collectively, the "Confidential Information"}, will be and will be deemed to have been received in confidence, and will be used only for purposes of this Letter of Intent. "Trade Secrets" means any information of a Party that: (1) derives economic value, actual or potential, by .not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and (2} is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. {ii) Use of Confidential Information. Except as otherwise provided in this Letter of Intent, information gathered or conrl~ilcd ljy either Party for the other is proprietary and the Party gathering or 'c6rripiling such information may not disclose, license, allow access to or sell such information to any other person(s). Without limiting the genrrrality of the foregoing, neither Party will sell, assign, lease or other~yse commerci~~jlly exploit the Confidential Information of the other I';~rly; All Confidential Tiiformation will be held and protected by the recipictai in'~trict confidence and will he used and disclosed by the recipient only as reyuircd to render performance ~~r to exercise rights and remedies under this Letter of Tntcnt and`ir~ strict compliance. with the terms of this Section, except as per-rnitt~.d ur~der~' Sections 3{a}(v) or,3(a)(vi). In the event of any disc-losure or loss ':of, or `Suability to account 1'crr- any material Confidential Information of the disclosing Party, or any reasonable belief that such Confidential lu#~nma#ion otherwise :has been compromised, the recipient will promptly, at its own expense: {i} nc1tify,;the disclosing Party in writing, {ii} talie,such tai;lions as m~3-, h~ rreuetitiar~•: or rc~isor~~bly requested by the disclosing Piirty to trriiiitr~iri; any vii>latiorr ~t i13c crrr~s of-this Section 3(a) and comply '~~~ith any ap~~li~:al>]c la«~s; and (iii) cooperate in all reasonable respects with the disclosing Party #o rninirnize airy violation and -any damage resulting therefrom. ` (iii} , Statiilar-d of Cv~e. Each Party .hall use at least the same degree of care to safegcr~ttxl ~r11d to prevent dLticlosir~;;fo third parties the Confidential Information of the other: as it employs to avoid unauthorized disclosure or publication of its o`vn ir1Cu3-ri~rlic~zi (r}r informaiior~ of its customers} of a similar nature, and in any evezil„ n~~ letis than reasonable care. fiv} Title to ancI Disclosure of Confidential Information. Each Party's Confidential Information v~ ill remain the property of that Party, and nothing in this Section {a) or any :access thereto pursuant to this Letter of Intent grants or confers any oz~~oerslup ris= zts in or license to any of such Confidential Information to the other Pt~rt~-. "~~leither Party shall acquire any right in or assert any lien against the L~nldential Information of the other Party. Nothing contained in this Section 3(a} will be construed as obligating a Party to disclose any Confidential Information to the other Party. (v) Permitted Disclosures. Each Party may disclose relevant aspects of the other Party's Confidential Information to its employees, affiliates, legal representatives, accountants, tax advisors, subcontractors and agents on a need- to-know basis; provided, haweve~, that such Party shall use reasonable efforts to ensure that such employees, affiliates, legal representatives, accountants, tax 3 Wise Gas, Inc. June 3, 2010 Page 4 advisors, subcontractors ar agents comply with the confidentiality provisions set forth in this Letter of Intent. Each Forty will be responsible for any improper disclosure of Confidential Information by such Party's employees, affiliates, legal representatives, accountants, tax advisors, subcontractors or agents. A Party may reuse for its own purposes with third parties the terms and conditions of this Letter of Intent, provided that: {i) such use in no way maybe attributed to the other Party, this Letter of Intent or the relationship between City and Wise Gas, and (ii) such use is not used in negotiations with the other Party or any of the other Forty's affiliates for any other contractual arrangement. (vi) Return of Confidential Information.:: _ Neither Party may withhold the Confidential Information of the other 1'ar•ty ~~r refuse far any reason (including due to the other Party's actual ur 'tileged hr.ach of this Letter of Intent) to promptly return to the ~tl~cr Party its CorrFri:lL.ntial Information {including copies thereof) if requested to do so. Upon expiration ar any termination of this Letter of Intent and canpletian of a Party's obligations under this Letter of Intent, each Party shall (except as otherwise provided in this Letter of Intent or in the Agreement} return or destroy, as the owner may direct;;all documentation in any medium that contains or refers to the other Party-'s Confidential Information. - (vii) Exclusions. This tieclinn 3(a) will nnt'<il~ply to any particular information that eiiher ,Party can dernc~r,stratc: {i} cvas, at tl3e time of disclosure to it, in the rc;lcvant titrl~lic. dnrnairt, {ii) after clisclutiurc to it, is published or otherwise becomes part of the releZ~ant public dntnain threstrgh no fault ar action of the receiving Park-, (iii) was;rightfiully in -the pc~~session of the receiving Party at the time of cli~i:losure. to it and was naf the subject of apre-existing conlidentialit~• cybligation, {iv1 vas received after disclosure to it from a third party «ho h<id a =1~iw1t31 ri~3t tudisclose such information to it, or (v) was inclepcndcri[y develupccl by ihc receiving Party without use of or reference to ihc {'~,nfincr~tial Inforniatian '~l' khe disclosing Party. The Parties hereby ackricrt~Icclge and agree that fh~ contents of the Grant Application are not Canfidcirtial Information. (b} Irrapuf~crhle Harm. Tlie Parities ~cknawledge that any disclosure or misappropriation of Confidential Information`ui violation of this Letter of Intent could cause irreparable harm, the amount of which r~~iy be extremely difficult to estimate, thus making any remedy at law or in damages tiadegrirle: Each Party therefore agrees that the other Party will have the right to apply t~~ anro eiurt of competent jurisdiction for a temporary or provisional order restraining any breach or impending breach of Section 3, without the necessity of posting bond. This right will be in addition to any other remedy available under this Letter of Intent or applicable law. 4. Representations and Warranties. Each of City and Wise Gas hereby represents and warrants to the other as follows: (i) the execution and delivery of this Letter of Intent and submission of the Grant Application contemplated hereby have been duly authorized by all requisite action on the part of such Party; {ii) this Letter of Intent constitutes the legal, valid and binding agreement of such Party, enforceable against such Party in accordance with its terms (except insofar as such enforceability may be 4 Wise Gas, Inc. June 3, 2010 Page S limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar Iaws affecting creditors' rights generally, or by principles governing the availability of equitable remedies); and (iii) the execution and delivery of this Letter of Intent and compliance by such Party with all provisions of this Letter of Intent are within the corporate power and authority of such Party. Wise Gas acknowledges that it provided certain information in the Grant Application, including, without limitation, the cost of completing the Project and the number of jobs created by the Project, and Wise Gas hereby represents and warrants that it used its best efforts in completing the Grant Application and ensuring that the information contained therein is accurate and complete. 5. Termination. This Letter of Intent shall expire and be of nc:fur•ther force or effect on December 31, 2010 {the "Termination Date"), unless on or before that date: {i} Either Party elects to terminate this Letter of latent by written notice to the other Party; (ii) The Parties agree in writing to extend such Terii~ination Date; or (iii) The Parties execute a formal Agreement far the Project. _ _ Notwithstanding the foregoing, the provisions of Sections 3, 4, 6 and 7 shall survive the termination of this Letter of Intent. 6. Expenses. In consideration fc>r• City's wi!lingl~css t~ enter into negotiali~~n~ related to a cooperation agreement between City and ~~Tise Gas governing joint-marketing and custornc;r'procurement efforts, Wise Gas agrees to research and draft the. Grant Application on behalf of City at no cost. Each Party hereto agrees to pay its own fees, cysts and: expenses incurred in connection with this Letter of Intent, the Grant Applicatiorr anc~ the Assessment Period, regardless of whether Funding is awarded or accepted by City and regardless of, `vhether the .~1r~r-cencr~t is errtcrcd into by the Forties. For the avoidance of doubt, ~Jise'Gas hcr~l~v aclLrru~vlclgcs acrd agrees that it is not entitled to receive reimbursement fron7 City for any and -:all costs -acrd c:~penses related to preparation of the Grant Application. 7. Alrscrlline<riis. 'I leis f',c;ttcr of ir~ter3t nay Ile executed in one or more counterparts, each of which shall he dccrned to be an original tart all of which shall c~>nstitute one and the same document. The provisions cif this Letter of Ta~tent chill be binding upon. and inure to the benefit of, each of the Parties hereto aitd to their respective representatives, successors or assigns. Notwithstanding the foregoing, neither Party shall assign this Letter of h~terlt or any part hereof or any benefit or interest herein without the prior written cgnsent of the other. I'art~-. [t is understood and agreed by the parties hereto that if any part, term or provision of this Letter cif Intent is by a court of competent jurisdiction held to be illegal, unenforceable, or in ec~tflict with an_y: l,~~~-, the validity of the remaining portions or provisions shall not be affected, and the rights acid obligations of the parties shall be construed and enforced as if the Letter of Intent did not contain the l~ar-ticular;:pai-t, term or provision held to be invalid. All notices under this Letter of Intent shall be in writing arum sent to the contacts set forth in this Letter of Intent, and shall be deemed to have been received: (a) ii' delivered personally by courier (including overnight courier), when delivered; (b) if sent by registered mail or certified mail, return receipt requested, postage ar fees prepaid, when indicated on return receipt; and (c) if transmitted by facsimile, as indicated on the transmission report and by telephonic confirmation of the receiving party, provided that a copy is also delivered personally by courier or sent by registered mail or certified mail, return receipt requested, postage or fees prepaid. This Letter of Intent shall be governed by the laws of the State of Georgia, without respect to the principles of conflicts of laws thereof. The Parties hereby agree that any claim or cause of action whether in law or equity, arising under ar relating to this Letter of Intent and whether brought by City or Wise Gas shall be brought in the state or federal courts in Browar•d County, State of Florida. City and Wise Wise Gas, Inc. June 3, 2010 Page 6 Gas hereby consent and submit to the in personam jurisdiction of the state and federal courts in the Broward County, State of Florida. Nothing herein shall be construed as prohibiting either City or Wise Gas from pursuing other remedies available to it at law or equity against any party. Neither Party may make any press releases, public announcements or similar public disclosure relating to this Letter of Intent or its subject matter, including promotional or marketing material without the consent of the other Party, and any such press release, public announcement oz similar public disclosure will be coordinated with and approved by the other Party prior to release. Each Party will perfarzn this Letter of latent solely as an independent contractor, and not as the other Party's agent, partner, joint venturer, or employee. Neither Party has the authority to make any statement, representation or commitment of any kind or to take any action binding upon the other Party, without such other Party's prier written authorization. [Remainder of page intentionallj- l~ti t~lank.] b If the foregoing correctly sets forth the understanding of the Parties, please acknowledge your acceptance of this Letter of Intent by signing both copies of this letter at the place provided below. If you have any questions or concerns, please do not hesitate to call me. Very truly yours, City of Delray Beach ~, b b 0 h 0 0 y N ~~ ` 1 CC ~- ~- ~ ~ o ~. ~ ~ ~-~, ~- ~' ~ ~~ ~ ~ ~ ~ ~ ~ ~..r ~ ~ ~ C~ ~ ~ • ~ n N fl Rq ~ C ~ o - -` o ~ ~_ Y ~ ~ ~ ~ ~ ~ ~ r, , ~ ' ~W ro ~ ~ ti!, ^ O Y1.I ~,- o ~ cn ~' ~ o ~ ~ ~ C ~ CD • • _" CD ~ -- CQ ~ ~+ ~ ~° ~ ~ o ~. ~ - - ~ CD ~ ~, ~ n ' ~ n z o ~ ~ ~ ~ ~ z ~ ~ ~- ~ ~ ,~ ~ _. o ~--~ . ~ . . ~ ~ ~ ~ ~ o ~ n o ~ ~ ~ ~ N ~.. ~ ~ ~ ~ ~ . ~ ~ ~ ~' ~ ~ to cn ~ -~ ^ ~ ~ N ~ C/1 ~ . ~ o z ~ o ~- fl} C ~ ~ . 00 ~ ~ ~ C ~ n ~ CD N ;.~.~:. ~ ~ CD ~ W N ~-'' o ~ ~- d ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ . ~ ~ ~ o ~ ~ ~ ~ ~~ ~ ~ o. ~ ~ ~ ~ o ~~ ~~ ~~ ~..~. ~ ~ ~--.. ~ ~ ~ ~ o ~ o . ~ ~ ~. ~ ~ ~, ~. 0 ~~ ~..., . ~ e--F ~- . O N. -~ • N ~- CD -~ ~ o ~ ~ ~ C~ o ~ ~ ~ ~ c~ ~ ~ ~` o -~ ~ ~ ~ o ~- ~ ~ ~ V ~ v r~r~ V~ V ~ ~.d O • ,--, C~ ~+ ,--, ~-.--~ e-+ °~ ~~ c~ 0 ~--~ . 0 Y~Y~ VJ r~~/~~ V~ W •J ~ ~ o ~, ~ ~~ o o ~ ~. ~ ~ ~~ o ~. ~. ~. ~. ~...~ ~ . ~. ~ ~ ~ o ~ ~. ~--~- ~ ~. ~~ ~ o ~ ~ ~~ ~ ,__.. ~, ~. ~. ~ ~ ~ ~ ~. ~..~. ~ W ~~ o ~.. ~ o, ~ ~ ~~ o ~ ~: •J ~ ~ ~~ -~ ~ ,.:ra :rP g ~ .~ . .M: .~ f~f? ___._.~. ~• a~ ~°~ ~ ~< i ~ . ~'. ~; . ,~,,~ ~: ~ ~ _ ,~~ _ ~ a j z ' .f~ ~*-~' f~G' ~` ~ ~y~ 4i! ... ~.. sc,a. ~; ~` I C 6~ ti ~~' ~: '~ _;. ~+ ~ ~u6 ~, ~ .., '` r~ t,':P~ ~ :: .... M..,,..:....,,.... ..1 '~ ~~ r~ .p C/1 i-+ ---- ~--+ ~. ~^ 1 r--+ ~• e--~ _ti ^f ~_,~ ,~. :~^ ~ O ~ --+ o c~ ~ ~.- ~ ~ d ~ ~. y J O ~1• ^V,l ~. O ~~ V ` 0 °~ ~. I -^-J {rr~ V ~~ ~i• l 1 ~. r~ ~~ l 1 -,-~+ °~ c~ ~- ^~ 1 0 G~ °~ 0 ~. ---~ . td c~ W c~ 0 1 °~ ~~ CD 0 c~ 0 ~. .. ' ~ ~ - o ~ .p ~ _. {~~ E C~~\] Y ~ ~ ~ w A Y - ~ / /F O 0 ~ 0 ~ ~ ~ ~ ~ Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 3; 2014 SUBJECT: AGENDA ITEM WS.3 - SPECIALIWORKSHOP MEETING OF JUNE 8 2d1Q DISCUSSION OF THE PROPOSED CHARTER AMENDMENT ON COMMISSION TERMS ITEM BEFORE COMMISSION Staff is seeking direction regarding a proposed charter amendment related to Commission terms. BACKGROUND Pursuant to previous direction given by Commission to review possible alternatives regarding a charter amendment related to increasing the length of a term of a Commissioner/Mayor from 2 years to 3 years and reducing the number of terms from 3 to 2 (where the maximum number of years able to serve is not increased and is sti116}, I have prepared the following scenarios for discussion. Scenario #1 -Place the Charter Amendment Referendum on the November 2010 Ballot to be effective for the March 2011 election. If the charter amendment is placed on the November ballot, the increase in term length could affect 4 of the S current commissioners/mayor, if they choose to run for re-election, as follows: Seat 2011 2014 yrs. added Seat 2012 2015 yrs. added 1 3 s +1 2 3 s 3 3 s 3 rs +2 s 4 3 s 3 rs +2 s 5 3 rs +1 2013 {no election) If the direction is given to proceed with this scenario an ordinance will need to be adopted prior to August 20, 2010 in order to make the November election. Also, there would a cost payable to the supervisor of elections in the amount of $2,340 plus a shared ballot page cost between municipalities if necessary; as well as advertising costs that we would normally not incur as this is outside of our election http://www.mydelraybeach.com/Agendas/Bluesheet.aspx?Item1D=3351&MeetingID=295 6/8/2010 Page 2 of 2 cycle. Scenario #2 -- Place the Charter Amendment Referendum on the March 2011 Ballot to be effective fox the March 2012 election. If the charter amendment is placed on the March 2011 ballot, increase in term length could affect 2 of the S current commissioners/mayor, if they choose to run for re-election, as follows: Seat 2012 2015 yrs. added Seat 2013 yrs, added 2 3 rs 1 3 s 4 3 rs 3 s +2 s 3 3 s +1 r 5 3 s 2014 (no election) Scenario #3 -Place the Charter Amendment Referendum on the March 2011 Ballot (to be effective for March 2012) with the provision that no current commissioner/mayor term will be affected by the change. If the charter amendment is placed on the March 2011 ballot, the term cycle would be as follows: Seat 2012 Seat 2013 Seat 2014 Seat 2015 Seat 2016 2 3 s 1 3 s 4 2 s 2 3 rs 1 3 s 4 2 s 3 2 rs 3 3 rs 4 3 s 5 3 rs 5 3 rs 2017 (no election) During the past 2 years the City's election costs have been in excess of $46,000.00 per election. It is my understanding that one of the reasons the Commission is considering a change in term limits is to reduce our election costs in ,that every third year could be an election free year, provided a special election is not required. While scenario #1 provides for an election free year starting in 2013, there would be a cost to add the charter referendum to the November ballot. Scenario #2 provides for an election free year starting in 2014 and scenario #3 provides for an election free year starting in 2017. RECOMMENDAT>lON Commission discretion. httpa/www.mydelraybeach.cam/Agendas/Bluesheet.aspx?ItemID=3381&MeetinglD=295 fi/8/2010 Cif o Delr~ Beach Y f Y k ANNUAL CITIZEN SURVEY RESULTS Change in Commission Terms S 2-year term to 3-year term 3 5omesuhat Support 3 ,.~:.. ~ 52% V JO S 7 S 5amewha# Dppose 'Strongly Support E > Strongly Appose 3 17% 16% ~ ~ ~ ~ ~.4°fa ~ ~ 1~% ~ I~~~ L i Note: A quesfion was included in fhe 2007 and 20RR Citizen Surveys askrn_q respondents to provide their opinion ort Delray Beach Commission terms ehanyiny from 2 year t~rtns €Q 3 year terrrrs, with a iwc, terrra limit. ~~~~~ Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 4, 2010 SUBJECT: AGENDA ITEM WS.4 - SPECIAL/WORKSHOP MEETING OF T[TNE 8, 2010 UPDATE ON NEGOTIATIONS WITH SUNGARD FOR PUBLIC SAFETY SOFTWARE ITEM BEFORE COMMISSION The item before the Commission is an update on negotiations with SunGard for a public safety software system for RFP No. 2010-05. BACKGROUND At the March 2, 2010 Regular Meeting, the Commission authorized staff to being contract negotiations with SunGard for a public safety softwaxe system. The Commission expressed concerns about the project budget since SunGard's proposed cost of $1.388 million exceeded the available budget at that time of $1.1 S million. Staff has negotiated an additional contract discount with SunGard, which when combined with other changes, results in a cost of approximately $1.15 million based on several conditions: 1}. A contract is signed by .lone 34, 2010 2). The City pre-pays the maintenance cost for the Public Safety components of the current HTE system prior to July 1, 2010 at a cost of $106,815. This maintenance will cover our current system for the period of 10/1/2010 to 913012011. 3). The SunGard maintenance payment fox the new system will be due on 10/1/2011 at a cost of $226,265. More details regarding pricing are included in the attached spreadsheet; the contract language and complete contract documents still need to be negotiated and finalized. The Commission also authorized negotiations with Firehouse for their portion of the software project contingent on an additional site visit. The sites we had previously visited were not using the Firehouse Mobile EMS module. Fire-Rescue staff evaluated a demonstration copy of the EMS application and were satisfied with it. We were considering a site visit to another city in Florida and discovered that they were not using the software the same way that we will be. Instead of conducting http://miweb001 /AgendasBluesheetaspx?ItemID=33 84&MeetinglD=29S 6/4/2010 Page 2 of 2 another site visit, staff now plans to conduct a phone conference with an out-of--state Firehouse client to inquire about their Mobile EMS use along with any other issues staff wishes to discuss. 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