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10-16-12 Regular AgendaCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, October 16, 2012 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings adjust the amount of time allocated. 7:00 p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non -Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1 st Avenue Delray The City will furnish auxiliary aids and services to afford an individual with a Beach, FL disability an opportunity to participate in and enjoy the benefits of a service, 33444 program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 Phone: (561) hours prior to the event in order for the City to accommondate your request. 243-7000 Adaptive listening devices are available for meetings in the Commission Fax: (561) Chambers. 243-3774 REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG /WIM9►111 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. September 20, 2012 — Regular Meeting B. September 24, 2012 — Workshop Meeting 6. PROCLAMATIONS: A. Breast Cancer Awareness Month — October 2012 B. Delray Reads Day! — November 8, 2012 7. PRESENTATIONS: A. Presentation by the Delray Beach Youth Council recognizing Florida City Government Month — October 2012 B. Recognizing and commending Delray 21 for their contributions and outstanding work at Atlantic Community High School. 8. CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT APPROVAL/10TH AND 101H-- CENTER: Approve a final subdivision plat for 10th and 10th Center, for a new neighborhood commercial development located at the southeast corner of S.W. 10th Street and S.W. 10th Avenue. B. ACCEPTANCE OF A WATER EASEMENT DEED/ROSEAIRE RETREAT: Approve and accept an exclusive water easement deed for Roseaire Retreat located at 14281 Gallagher Road. C. ACCEPTANCE OF A HOLD HARMLESS AGREEMENT/622-A S.E. 5TH STREET: Approve a Hold Harmless Agreement with Marc Julien Homes to install pervious pavers in the right-of-way on S.E. 5th Street for property at 622-A S.E. 5th Street. D. ACCEPTANCE OF A HOLD HARMLESS AGREEMENT/622-B S.E. 5TH STREET: Approve a Hold Harmless Agreement with Marc Julien Homes to install pervious pavers in the right-of-way on S.E. 5th Street for property at 622-B S.E. 5th Street. E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of construction costs and professional services for certain projects as listed on Exhibit "A" attached to the Agreement for FY 2012-2013. F. ACCEPT GRANT AWARD/ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve accepting an award in the amount of $170,000.00 for a SFWMD Alternative Water Supply grant to provide supplementary funding for the Area 12A -Phase 1 Reclaimed Water System expansion project. G. LANDSCAPE MAINTENANCE AGREEMENT/ 605 ANDREWS AVENUE: Approve a landscape maintenance agreement with Audrey Flannery to install and maintain landscaping within the public right-of-way for the property located at 605 Andrews Avenue. H. AMENDMENT NO. 1 TO AGREEMENT WITH COMMERCE BANK, N.A.: Approve Amendment No. 1 to our Agreement with Commerce Bank for ControlPay Advanced (CPA), an accounts payable solution that replaces paper checks with electronic payments through the Visa Network, to increases the percentage used in calculating the monthly revenue share for the City. I. AMENDMENT NO. 2 TO THE PLAYERS INTERNATIONAL MANAGEMENT, INC. (PIM) AGREEMENT: Approve Amendment No. 2 to the Agreement between the City and Players International Management, Inc. (PIM) to provide for a change of the time periods when the events may be held and a clarification on the type of events required and the penalty if they fail to televise or hold an event. AMENDMENT NO. 4 TO THE AGREEMENT /MATCH POINT, INC.: Approve Amendment No. 4 to the Agreement between the City and Match Point Inc. to reduce the number of players required for the Champions Tour Event from eight (8) to six 6 . K. RATIFICATION TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Mr. Gerald Franciosa as the regular representative on the Planning & Zoning Board to the Parking Management Advisory Board for an unexpired term ending July 31, 2013. L. AGREEMENTS BETWEEN CAREHERE, LLC., THE TOWN OF HIGHLAND BEACH AND THE CITY OF DELRAY BEACH/EMPLOYEE HEALTH AND WELLNESS CENTER: Approve Agreements between Careffere, LLC., the City of Delray Beach and the Town of Highland Beach to allow full-time Highland Beach police officers shared limited medical services at the Employee Health and Wellness Center. M. SPECIAL EVENT REOUEST/ 51H-- ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Approve a special event request for the 51h- Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held on December 29-30, 2012 from 10:00 a.m. to 5:00 p.m., granting a temporarypermit per LDR Section 2.4.6(F) for use of NE/SE 41h- Avenue, two blocks north/south of Atlantic Avenue as well as use of the north end of Hand's parking lot for vendor parking; authorize staff support for security and traffic control, fire inspection services, and permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event with the sponsor responsible for 100% of City costs, plus a 5% administrative fee for an estimated total of $3,433.50. N. SPECIAL EVENT REQUEST/TWILIGHT BICYCLE RACE AND FESTIVAL: Approve a special event request for the Delray Beach Twilight Bich Race, sponsored by RAC Event Productions to be held on March 22, 2013 from 10:00 a.m. to 10:00 p.m., and March 23, 2013 from 6:00 a.m. to 10:00 p.m.; grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of the bike race route noted in the staff report from approximately 4:00 p.m. to 10:00 p.m. on Saturday, March 23, 2013 and use of Old School Square Park and Worthing Park; and authorize staff support for traffic control and security, EMS assistance, barricade assistance, fire inspection services, and event signage; contingent upon the conditions of approval listed in the staff report. The event sponsor is responsible for 100% of City costs, plus 5% administrative fee for an estimated total of $16,840.00. O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: the actions and decisions made by the Land Development Boards for the period October 1, 2012 through October 12, 2012. AWARD OF BIDS AND CONTRACTS: Bid award to Midnight Sun Tours, Inc./Horizon Coach Lines in an estimated annual cost of $53,320.00 for bus rental and driver service for the Parks and Recreation Department for the Youth Football Program, Summer Damp, Holiday Day Camp, Special Events, Sports & Dance Competition and Overnight/Weekend Trips. Funding is available from multiple Parks and Recreation Department accounts. 2. Contract award to Special Products Group (SPG) in the annual estimated amount of $68,850.00 for uniform procurement for Fire -Rescue Department personnel. Funding is available from 001-2315-526-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service), 001-2311-522-52.22 (General Funds: Operating Supplies/Uniforms/Linen Service) 001-2313-522-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service) and 001-2317-522-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service). 3. Contract award to Zoll Medical Corporation to renew the extended warranty and semi-annual preventive maintenance contract and provide guaranteed repair coverage for seventeen (17) 12 Lead EKG Monitor/Defibrillators in the amount of $24,195.25 and seven (7) Auto Pulse units in the amount of $3,150.00. Funding is available from 001-2315-526-46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance) and 001-2313-522-46.20 (,General Fund: Repair & Maintenance Services/Equipment Maintenance). 4. Purchase award to the Dumont Company, Inc. in the amount of $49,000.00 for the purchase and delivery of Sodium Hypochlorite on an "as needed" basis to remote booster station locations. Funding is available from 441-5123-536.52-21 (Water and Sewer Fund: Operating Supplies/Chemicals). 5. Purchase award to Line Tec, Inc., in the amount of $55,000.00 for the Water Service Relocations Project and Fire Hydrant Flow Testing. Funding is available from 442-5178-536-49.33 (Water and Sewer Renewal & Replacement Fund: Other Current Charges/OB/Water Service Relocation) and 441-5123-536-34.90 (Water and Sewer Fund: Other Contractual Services). 6. Purchase award to Martin Fence Company in the amount of $50,000.00 to remove existing 41fence and replace with 6' green chain link fence on Pompey Park Fields #1, 2 and 3, and installation of an 8' wide x 90' long canopy over the backstop at Field #1. Funding is available from 334-4127-572-46.15 (General Construction Fund: Repair & Maintenance Services/ Improvements- Other Repair & Maintenance). 7. Purchase award to Otto Waste Systems, as a sole source provider, in the amount of $50,000.00 for purchase of hot stamped garbage carts, lids and wheels to be ordered "as needed". Funding is available from 433-3711-534-49.35 (Sanitation Fund: Other Current Charges/Cart Renewal & Replacement). 8. Purchase award to Specialty Vehicles in an amount not to exceed $462,210.00, for three (3) trolleys to be used to operate the City's transportation service. Funding is available from 334-6111-545-64.20 (General Construction Fund: Machinery/Equipment/Automobile). COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING CONSENT AGENDA: A. City Manager's response to prior public comments and inquiries. B. From the Public. 10. REGULAR AGENDA: A. WAIVER REQUEST/290 S.E. 61H-- AVENUE: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.13(F)(7)(a), "Rear Setbacks", to reduce the required rear setback to zero feet (0') from the required ten feet (10'), in association with the installation of a wing wall for 290 S.E. 61h- Avenue. (Quasi - Judicial Hearing) B. RELOCATION OF THE CHAMBER OF COMMERCE: Provide direction regarding the relocation of the Chamber of Commerce. C. MODIFICATION TO PARKING LICENSE AGREEMENTS: Consider a request the Parking Management Advisory Board (PMAB) to modify the valet parking license agreements to mandate licensees to validate 50% of the parking fee for customers patronizing their establishments. D. VISIONS 2020 PROCESS APPOINTMENTS AND RATIFICATION OF THE STEERING COMMITTEE/VISIONS 2020: Consider approval of the recommended list of appointments as submitted by the Commission to serve as the Visions 2020 Steering Committee and appoint the City Commission representative. E. STATE LOBBYING SERVICES: Consider the selection of a firm for State Lobbying Services. F. APPOINTMENT TO THE POLICE ADVISORY BOARD: ADDoint one (1 member to the Police Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). G. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:Appoint two (2) student members to the Neighborhood Advisory Council to serve unexpired terms ending July 31, 2013. Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). 11. PUBLIC HEARINGS: A. ORDINANCE NO. 40-12 (FIRST READING/FIRST PUBLIC HEARING): Consider a city -initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (ZZZ), "Transient Residential Use", in order to clarify prohibitions, exemptions/exceptions, waivers, and penalties, and amend in Appendix "A", "Definitions", the definition of "Transient Residential Use". If passed, a public hearing will be held on November 6, 2012. B. ORDINANCE NO. 29-12: Consider a request for historic designation of an individual site known as the "Waters-Wellenbrink Residence", located at 1108 Vista Del Mar Drive North to be listed in the Local Register of Historic Places. C. ORDINANCE NO. 33-12: Consider an amendment to Chapter 37, "Delray Beach Code Enforcement", by amending Section 37.42, "Administrative Fines; Costs of Repair, Liens", to increase the fines for noise violations as defined in Section 99.03. D. ORDINANCE NO. 34-12: Consider an amendment to Chapter 99, "Noise Control", by amending Section 99.03, "Loud and Unnecessary Noises Prohibited", to clarify same, by amending Section 99.08, "Penalty", to increase the fines for noise violations. ORDINANCE NO. 35-12: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.04, "Assumption of Office; Organizational Meeting", Section 3.05, "Oath of Office", Section 3.08, "Vacancies; Filling of Vacancies", Subsection (B), "Vacancy in Office of Maw Section 4.02, "Appointment; Removal; Compensation", Subsection (C), "Replacement"; Section 4.05, "Budget Procedure", Subsection (D), "Public Hearing", Subsection (E), "Budget Adoption/Appropriations", Subsection I, "Audit", Section 5.04, "Elections Generally", Subsection (B), "Highest Number of Votes to Elect in First Nonpartisan Election", Subsection (D), "If No Person Qualifies", Section 6.05, "Procedure for Filing", Subsection (A), "Certificate of City Clerk; Amendment"; to clarify, correct grammatical errors, and to enhance the Charter's readability) providing for a referendum election to be held on March 12, 2013. ORDINANCE NO. 36-12: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.02, "City Commission: Composition, Eligibility, Election, and Terms", amending Section 5.02, "Types of Elections"; to provide for a change in the length of a term from a two-year term to a three-year term, but not keeping the maximum number of consecutive years a Commissioner or Mayor is allowed to serve at six years, providing for a referendum on March 12, 2013. G. ORDINANCE NO. 37-12: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 4.02, "Appointment; Removal; Compensation", by amending Subsection (B), "Removal" ; to provide that the removal of the City Manager shall only require a simple majorityvote; for a referendum on March 12, 2013. H. ORDINANCE NO. 38-12: Consider callinLy for a referendum on nronosed revisions to the Charter of the City of Delray Beach to amend Section 3.09, "Term Limits", Subsection (A), "Term Limit"; to provide that the maximum time period allowed to hold office, six (6) years, shall not apply in the case of a Commissioner who assumes the office of Mayor, in which case the time spent holding office as a Commissioner shall not count toward the six (6) year maximum time limit in the office of Mayor; providing for a referendum on March 12, 2013. I. ORDINANCE NO. 39-12: Consider calling for a referendum on uronosed revisions to the Charter of the City of Delray Beach to amend Section 4.02, "Appointment; Removal; Compensation", by amending Subsection (D), "Compensation"; to provide for the removal of the Charter prohibition on reducing the City Manager's Salary; providing for a referendum on March 12, 2013. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission SEPTEMBER 20, 2012 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Thursday, September 20, 2012. 1. Roll call showed: Present- Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Carney requested that Item 8.F., Bid Award/Randolph & Dewdney Construction, Inc. and Item 8.F.1., Change Order No. 1/Randolph & Dewdney Construction, Inc. be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of September 20, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 09/20/12 6. PROCLAMATIONS: 6.A. Remnizin2 and Commending Lillie Bell Evans Mayor McDuffie read and presented a proclamation recognizing and commending Lillie Bell Evans on a very Happy 100th Birthday. Lillie Bell Evans accepted and proclamation. 6.B. National Sickle Cell Awareness Month — September 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming the month of September 2012 as National Sickle Cell Awareness Month. Frank Hayden came forward to accept the proclamation and gave a few brief comments. 6.C. National Plug In Day — September 23, 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming September 23, 2012 as National Plug In Day. Scott Aronson, Parking Management Specialist, came forward to accept the proclamation and gave a few brief comments. Charles Ralen also came forward and gave a few brief comments. Mayor McDuffie complimented Rich Reade, Sustainability Officer, for his efforts of "greening" Delray Beach. 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR A SIDEWALK DEFERRAL/1604 NORTH SWINTON AVENUE: Approve an agreement to defer installing a sidewalk along N.W. 16t Street for the property located at 1604 North Swinton Avenue. 8.B. REQUEST FOR A SIDEWALK DEFERRAL/910 & 920 N.W. 1sT AVENUE: Approve an agreement to defer installing a sidewalk in front of 910 and 920 N.W. 1St Avenue. 8.C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/ INTERCOUNTY ENGINEERING, INC.: Approve Contract Closeout (C.O. No. 2/Final) to Intercounty Engineering, Inc. in the amount of a $53,535.19 decrease and final payment in the amount of $3,971.68 for completion of the S.W. 10th Avenue Water Main Project. Funding is available from 442-5178-536-68.76 (Water and Sewer Renewal & Replacement Fund: Improvements Other/S.W. 10th Avenue Water Main). 2 09/20/12 8.1). REQUEST FOR PROPOSALS (RFP)/ CONSTRUCTION AND ENGINEERING INSPECTION SERVICES (CEI)/FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Approve the Selection Committee's ranking of responses for RFP# 2012-32 for Construction and Engineering Inspection Services (CEI) for the Federal Highway Beautification Project; and authorizing staff to enter into contract negotiations with the top ranked firm, R.J. Behar & Company. 8.E. CONTRACT CLOSEOUT (CHANGE ORDER NO. 4/FINAL)/BRANG CONSTRUCTION, INC.: Approve Contract Closeout (C.O. No. 4/Final) to Brang Construction, Inc. in the amount of a $13,662.72 decrease and final payment in the amount of $21,233.18 for completion of the ARRA Bus Shelters Project. Funding is available from 101-3163-544-65.70 (ARRA Economic Stimulus Fund: Other Improvements/Transit Stop Bus Shelters). 8.G. INTERLOCAL AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY RESPONSE SERVICES/PALM BEACH COUNTY: Approve Interlocal Agreement for Hazardous Materials Emergency Response Services with Palm Beach County for funding of hazardous materials emergency response services. 8.11. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)/ VETERANS PARK PLAYGROUND: Authorize staff to submit a grant application to the Florida State Department of Environmental Protection's Recreation Development Assistance Program for funding in the amount of $138,500.00 to replace playground equipment for Veterans Park. 8_I. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)/POMPEY PARK POOL: Authorize staff to submit a grant application to the Florida State Department of Environmental Protection's Recreation Development Assistance Program for funding in the amount of $178,350.00 to redesign the wading pool at Pompey Park Pool located at 1101 N.W. 2nd Street. 8_J. RENEWAL OF POLICE AND FIRE COMMUNICATIONS AGREEMENT/TOWN OF GULF STREAM: Approve renewal of the Police and Fire Communications Agreement between the City and the Town of Gulf Stream for police and fire dispatching and communications services with a termination date of September 30, 2017. 8.K. TRAFFIC ENFORCEMENT AGREEMENT/THE SENECA GROUP HOMEOWNERS ASSOCIATION: Approve a Traffic Enforcement Agreement with The Seneca Group to allow the City of Delray Beach Police Department to enforce State and local traffic laws on the private roads of The Seneca Group. 8.L. REVISION TO THE COMMISSION RULES OF PROCEDURES/ SCHEDULE FOR PUBLIC COMMENTS AT COMMISSION MEETINGS: Approve a revision to the Commission Rules of Procedures to provide 09/20/12 that public comments on non -agenda items shall begin after approval of the consent agenda and if not concluded by 7:00 p.m., shall terminate and resume after the public hearing portion of the agenda. 8.M. RESOLUTION NO. 50-12: Approve Resolution No. 50-12 which amends Resolution No. 6-08 and adopts updated Cemetery Rules and Regulations and Fees. The caption of Resolution No. 50-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 06-08 AND APPROVING THE ATTACHED UPDATED RULES, REGULATIONS AND FEES FOR THE DELRAY BEACH MEMORIAL GARDENS MUNICIPAL CEMETERY. (The official copy of Resolution No. 50-12 is on file in the City Clerk's office.) 8.N. APPOINTMENT TO WORKFORCE ALLIANCE, INC. BOARD OF DIRECTORS: Appoint an individual to serve as a representative from the Delray Beach private sector to the Workforce Alliance Inc. Board of Directors. 8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 3, 2012 through September 14, 2012. 8.P. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Intercounty Engineering, Inc. in the amount of $56,384.00 for the construction of a drainage improvement project on Lowry Street on the barrier island. Funding is available from 448-5461-538-63.90 (Storm Water Utility Fund: Improvements Other/Other Improvements). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 4 09/20/12 9. REGULAR AGENDA: 9.A.A. BID AWARD/RANDOLPH & DEWDNEY CONSTRUCTION, INC.: Approve a bid award to Randolph & Dewdney Construction, Inc. in the amount of $618,600.00 for modifications to Fire Station No. 1. Funding is available from 118-1962- 554-62.89 (Neighborhood Services: Capital Outlay/Fire Station No. 1) and 118-1962- 554-64.90 (Neighborhood Services: Capital Outlay/Other Machinery/Equipment). Richard Hasko, Director of Environmental Services, stated this item is a request and a recommendation for a bid award to Randolph & Dewdney Construction, Inc. in the amount of $618,600.00 for the disaster recovery initiative work which Fire Station No. 1 is the subject. Mr. Hasko stated it involves the replacement and upgrade of the standby generator at Fire Headquarters which will provide backup power for the entire facility rather than just bits and pieces. He stated it also includes the flat roof over the fire bays and the primary purpose of it is for replacement of 49 windows with impact resistant glass as well as 8 or 10 doors. Mr. Hasko stated these bids were done in accordance with not only the City's requirements but also State and Federal requirements for documentation. He stated at the pre-bid meeting that was held for this project those requirements were explained clearly to the bidders. Mr. Hasko stated when staff received the bids and reviewed them they found that the first three bidders DiPompeo Construction, Coastal Contracting, and Stuart and Shelby Development did not submit any of the required Federal forms and as a result their bids were considered non- responsive which made Randolph and Dewdney the lowest responsive bidder. Mr. Carney asked if the document that was omitted by these three entities DiPompeo Construction, Coastal Contracting, and Stuart and Shelby Development was a supplementary document or is it critical to actually determining whether or not one is qualified to do the job. Mr. Hasko stated they were required documents because of the State and Federal funding. Mr. Carney asked if these forms were subsequently submitted. Mr. Hasko stated they were never submitted and it would not have mattered after the fact if they were submitted because the cut-off is the bid opening and time and date. Mr. Carney asked if there was an attempt afterwards to submit any of this information which is important to have in the bid but not critical in determining whether or not one is selected or qualified. Mr. Hasko stated this is a requirement. After brief discussion, Mr. Hasko stated staff is recommending based on the total. Mrs. Gray asked for clarification. Mr. Hasko stated we have four companies; the first three were non-responsive. Mr. Jacquet moved to approve Item 9.A.A. (formerly Item 8.F.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray - Yes. Said motion passed with a 5 to 0 vote. 5 09/20/12 9.A.A.A. CHANGE ORDER NO. 1/RANDOLPH & DEWDNEY CONSTRUCTION, INC.: Approve Change Order No. 1 to Randolph & Dewdney Construction, Inc. to decrease the undefined collections allowance thereby reducing the contract amount to $613,347.00 for modifications to Fire Station No. 1. Funding is available from 118-1962-554-62.89 (Neighborhood Services: Capital Outlay/Fire Station No. 1) and 118-1962-554-64.90 (Neighborhood Services: Capital Outlay/Other Machinery/Equipment). Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.F.1.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9.A. ADOPTION OF THE SOUTH FEDERAL HIGHWAY REDEVELOPMENT PLAN: Consider adoption of the "South Federal Highway Redevelopment Plan", which covers the commercial properties on both sides of South Federal Highway between Linton Boulevard on the north and the city limits to the south. Ron Hoggard, AICP, Principal Planner, stated in addition to two minor Future Land Use Map amendments and six rezonings there are a number of land development regulation text amendments that are aimed at both increasing redevelopment flexibility and addressing compatibility issues with the residential development to the east. Mr. Hoggard stated they include all of AC (Automotive Commercial) zoned properties in the area and will allow the alternative development under the PC (Planned Commercial) zoning regulations; mixed-use residential/commercial development will be encouraged; conditional uses for free-standing multiple family will not be permitted within the Overlay; individual tenants on the east side of Federal Highway will be limited to a maximum of 50,000 square feet; a special landscape setback along South Federal Highway will be eliminated where new development seems to seeks to create an urban edge and move the buildings up to the street and if parking is immediately adjacent they would have to meet the special landscape setback; facade and exterior walls are designed to include projections and recessions and to reduce scale and create uniform appearance to the buildings; parking areas should be distributed around the large buildings and the shopping centers to balance the parking. He stated on the east side of Federal Highway special setbacks for building offsets in the rear to reduce the scale of the building that are required based on the width of the building; machinery, service areas, and trash collection must be screened from the adjacent properties; special buffers are required on the east side of South Federal Highway when it is adjacent to the residential district and is when it is adjacent to the residential district and they are generally 25 feet in depth and can either include a wall if it is immediately adjacent to a street or no wall with 25 feet in landscaping if it is adjacent to residential property. Mr. Hoggard stated that buffer includes double rows of shade trees and they increase the size of the trees at the time of planning to be 18 feet and an 8 foot spread. He stated street access should be from South Federal Highway and have vehicular access to the rear of the commercial properties on the east side of South Federal Highway and all the service operations on the rear of the 6 09/20/12 property cannot occur between 7:00 a.m. 7:00 p.m. on the east side of Federal Highway. Mr. Hoggard stated the Planning and Zoning Board reviewed it and staff accommodated all their recommendations with the exception of the Ralph Buick property. Staff recommends that the Ralph Buick be rezoned from AC to PC. Mr. Carney stated there has been a lot of discussion about the southeast corner of Linton Boulevard and Federal Highway and noted that in places it is listed as one thing and in another it is listed as POC (Planned Office Center) or SAD (Special Activities District). Mr. Hoggard stated it would either stay POC which is what it is now or it can be rezoned to an SAD. Mr. Hoggard stated this is a permitted redevelopment classification under an SAD not the original PC. Mr. Jacquet asked what the demand is for automotive now. Mr. Hoggard stated automotive seems to be coming back some and there are still quite a bit of automotive property that is vacant that the large dealerships on the west side already cut out of their property that are still sitting there now that are available for redevelopment if another automotive use wanted to come in there. Mr. Hoggard stated the original intent for doing a plan here because the automotive industry went so far down that staff was concerned about what would happen if it tanks completely and the City is left with all this automotive property on South Federal Highway. Mr. Hoggard stated staff feels there is enough automotive commercial; almost the entire corridor on the west side is automotive commercial plus there is Kia and Mazda on the east side and Ralph Buick property and some minor small ones. Mr. Jacquet asked what the status is regarding the discussion about stand- alone residential. Mr. Hoggard stated this should be a commercial corridor and the City does not want any more free-standing residential development in the commercial corridor immediately on Federal Highway. Mrs. Gray stated she is favor of staff's recommendation. Mr. Frankel stated he was driving down Federal Highway today and noticed a lot of the vacant properties north of this have "sold" signs. Mr. Frankel inquired about the maximum tenant size of 30,000 versus 50,000 square feet. He stated there were a lot of objections to the 50,000 size. Mr. Hoggard stated the residents have 30,000 in their mind and staff's argument is that really the issue is more of a mass issue and has to do with the size of the building. Mr. Hoggard stated staff looked at different developments and shopping center type tenants and there are still a lot of them that are up to 50,000 square feet and staff wants to have as much flexibility as possible for some of the anchors on some of the larger parcels. Mr. Hoggard noted that the Planning and Zoning Board agreed with staff. Mr. Frankel supports staff's recommendations. this done. Mayor McDuffie thanked Mr. Hoggard and everyone's efforts in getting 7 09/20/12 Mrs. Gray moved to adopt the South Federal Highway Redevelopment Plan, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 9.B. FIFTH AMENDMENT TO THE SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT/WASTE MANAGEMENT, INC. OF FLORIDA: Consider approval of the Fifth Amendment to the Solid Waste and Recycling Collection Franchise Agreement with Waste Management, Inc. of Florida. The City Attorney stated based on the Commission's direction to go ahead and amend the Franchise Agreement with Waste Management staff has brought forth this amendment. The term would be for 8 years which would also have renewable five (5) year terms upon the approval of both parties. The City Attorney stated Waste Management would furnish the city with 125 of the Big Belly Solar -powered Compactors within certain time periods; Waste Management will also be servicing the bus shelters without any collection charge to the city; if Waste Management changes to a CNG fleet the City will modify the Fuel Surcharge Table. Mr. Frankel shared information he received from Gerry Franciosa today. Mr. Jacquet asked for clarification regarding the diesel fuel price and CNG (Compressed Natural Gas) fuel surcharge. The City Manager stated CNG is Compressed Natural Gas and is cheaper than diesel fuel. Mr. Frankel moved to approve the Fifth Amendment to the Solid Waste and Recycling Collection Franchise Agreement with Waste Management, Inc. of Florida, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — No; Mr. Jacquet — No. Said motion passed with a 3 to 2 vote, Commissioner Carney and Commissioner Jacquet dissenting. 9.C. CHARTER REVIEW COMMITTEE FINAL REPORT: Provide direction on proposed changes to the City's charter as recommended by the Charter Review Committee. The City Attorney stated this came before the Commission at the Workshop meeting and following that discussion staff was recommended to bring this in front of the Commission to get direction to see if they want staff to bring five (5) potential ordinances for first reading in the very near future. Mr. Carney stated he has received a lot of emails on this issue commenting on what the Commission does in going forward and which recommendations it should or should not make in going forward. Mr. Carney stated he would like to hear some public comment on this and hear what some of the public have to say. 8 09/20/12 Mr. Frankel asked if the public be afforded that opportunity when they came before the Commission for an ordinance reading. Mr. Carney stated if Mr. Frankel is saying that all five (5) ordinances are going to go to first and second reading then yes; but, if all five ordinances are not, then he thinks the public and the Blue Ribbon Panel the Commission appointed should have the opportunity to say why they think all five (5) ordinances should at least be moved forward to the next stage. Mr. Frankel stated he believes the opportunity should be given but at the appropriate time and feels that all five (5) ordinances should be brought forward. He stated people who are complaining that they are not able to comment find a way to email the Commission daily, have their phone numbers, and know where to find the Commission. Therefore, Mr. Frankel stated there is ample opportunity for the public, including when they come before the Commission in ordinance form, to be allowed to do that. Mrs. Gray moved to have all five (5) proposed ordinances move forward as a First Reading (no advertisement) and a public hearing on both first and second reading, seconded by Mr. Frankel. Mr. Jacquet stated the public deserves the opportunity to speak on this. However, Mr. Jacquet stated he feels there has been ample opportunity to voice concerns about these five (5) changes in the Charter. He stated with having heard from some people in the community, having had this brought to the Commission by the Blue Ribbon Committee and the Commission had extensive dialogue on each one of the changes; and it was unanimous on all Commissioners that were present that one of those changes none of the Commission was in support of. Mr. Jacquet stated the Commission made this very clear and the reasons why. Mr. Jacquet stated it appeared to him to be unanimous giving direction to staff that the Commission wanted to move forward with four (4) of the ordinances and one of them the Commission was not in support of for the Commission to reopen it now he does not understand the process. Mr. Jacquet suggested that the Commission not to open the one change that they were against to any further discussion but the other four changes that the Commission wanted to go forward with then it is open to the public. Brief discussion between Commissioner Carney and Commissioner Jacquet followed. Mayor McDuffie stated if this is going to be done as a public hearing he would like to see this as a regular public hearing and move all five (5) of the proposed ordinances forward. Mrs. Gray stated she understood it to be the way Commissioner Jacquet understood it to be. Mrs. Gray stated we should allow the public to speak on them but the direction at the Workshop meeting was not to consider Item #3. Mrs. Gray stated she is 9 09/20/12 open to listen to the public not only that item but she would like to discuss one of the other items as well. Brief discussion by the Commission ensued about whether to hold one of two public hearings on the ordinances. Mayor McDuffie stated he had concurred with Commissioner Jacquet; however, in the interest of transparency tonight he supports moving forward with all five (5) ordinances and going through the regular process that they would all go through where it gets open to the public and everyone gets to speak. Mayor McDuffie stated if the Commission decides to do this as a public hearing he would like to move this ahead as a regular public hearing and move all five (5) ordinances. After brief discussion, the City Attorney suggested that the Commission follow the general format which is to have first reading and it is not open to the public and second reading it is open to the public. The City Attorney stated if the Commission wishes to open first reading up to the public as a consensus they can do that or they can direct staff now to put this on at 7:00 p.m. and state that it is going to be a public hearing on first reading. Prior to the vote, the City Attorney clarified for First Reading there will not be advertisement. Mayor McDuffie stated the Commission has agreed to the fact to open all of this to the public but the question is now procedurally what is the most streamlined way to get that done. Mr. Jacquet stated if there is going to be open discussion on first reading and we do not have notice go out this would be unfair because he feels only a small group of people will come out on first reading because they will not be aware of it. The City Manager stated staff would notice this in normal ways but not do the legal notice that is required in the newspaper. Mayor McDuffie stated we have rules for a reason and it needs to follow our order and needs to go through the readings that it needs to go through. Mayor McDuffie stated this has been on a Workshop meeting and it is going to go to a regular public hearing on second reading. Mayor McDuffie stated this is adequate. Mr. Carney moved to have all five (5) proposed ordinances move forward and recommends that there is a public hearing on both first and second readings, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — No; Mayor McDuffie — No; Mr. Carney — Yes; Mr. Jacquet — No; Mr. Frankel — Yes. Said motion DENIED with a 3 to 2 vote, Commissioner Carney and Commissioner Frankel dissenting. 10 09/20/12 For clarification for the record, the Commission reiterated to move forward on all five (5) of the proposed ordinances and that it follows the normal procedure that there be no public comment on first reading but that it be opened up for public comments on second reading and that it be held at 7:00 p.m. At this point, the time being 7:07 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 47-12 (FINAL MILLAGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2013. The caption of Resolution No. 47-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 47-12 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated the taxing authority is the City of Delray Beach and the proposed operating millage is 7.1992 which is greater than the rolled back millage of 7.1805 by .26%. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 47-12, the public hearing is closed. Mr. Frankel stated staff and fellow Commissioners did a great job. However, Mr. Frankel stated he had the honor for the second year to host the S.P.I.R.I.T. Banquet and stated while there was more in attendance this year compared to last year there were many people not in attendance who are great employees of the city. He expressed concern as to why some employees did not attend. 11 09/20/12 The City Manager stated the total millage stayed the same and the operating millage went up slightly and the debt service went down slightly but the combined millage rate is the same. Mr. Frankel moved to approve Resolution No. 47-12 (Final Millage Levy), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 48-12 (MILLAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2013. The caption of Resolution No. 48-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 48-12 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated the millage rate for the Downtown Development Authority (DDA) Taxing District is 1.00 which is more than the rolled back rate of 0.9848 by 1.54%. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 48-12, the public hearing is closed. Mr. Jacquet asked for clarification regarding the DDA millage and whether this millage went up from last year. The City Manager stated the DDA millage rate is set at 1.0000 by Statute and only under certain circumstances does it change. Mr. Frankel moved to approve Resolution No. 48-12, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 12 09/20/12 10.C. RESOLUTION NO. 49-12 (BUDGET ADOPTION FOR FY 2013): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2012 through September 30, 2013. The caption of Resolution No. 49-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2012, TO THE 30th DAY OF SEPTEMBER, 2013; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 49-12 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager stated the final budget numbers are $96,057,090 in revenue and expenses and that includes $1,600,000 in cash balances brought forward from prior years. Mayor McDuffie declared the public hearing open. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, suggested increasing the hours of parking meter usage on the beach from 8:00 p.m. to 12:00 a.m. or later only on the east side of A -1-A to raise revenue for the City of Delray Beach. Mrs. Finst stated those 4 hours more of meter usage would increase the revenue in the following manner: 4 hours added meter payment at $1.50 per hour multiplies to $6.00 additional revenue hours and dollars per meter per evening; $6.00 x 200 meters = an additional $1,200 per evening; $1,200 x 2 weekend nights = $2,400 per weekend x 52 weeks = $124,800 for two weekend nights. She stated using 201 spaces the money earned actually comes out to $125,424. Mrs. Finst stated she is using weekends as an example because there are no parking spaces available on weekends but noted that it could be extended to seven days a week. 13 09/20/12 Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C", Delray Beach, FL 33483, stated he has attended all the meetings and all the workshops and read a statement into the record of a few of his observations. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated he would like to see all city employees get a 5% pay raise somewhere in the near future. Dr. Kirson thanked the Commission for no millage increase and no tax and commended them for doing a great job. Mr. Carney inquired about the comment made by the City Manager that he found an extra $33,000 from the conversion of a fire -rescue employee from one status to another. Mr. Carney stated by doing that don't we take that person out of the line of being able to access a fireman if necessary. The City Manager stated Mr. Carney is correct and commented how often does the City use those inspectors as firefighters. The City Manager stated they are available if needed. The City Manager stated West Palm Beach has a mix of civilian and sworn and suggested that Delray Beach look into a mix as well. The City Manager stated by being qualified firefighters they are available but how often are they used and is that something you can afford to continue. The City Manager stated he does not believe so because between the salary and the pension you are spending $130,0004140,000 per person to staff it the way it is currently staffed. Mrs. Gray stated the pool at Delray Swim and Tennis Center is something she still wants to consider. She stated the pool is costing the City approximately $83,000/$84,000 for a pool that we do not utilize. Mrs. Gray stated this $83,000/$84,000 can go towards some salaries that one of the residents was commenting on. She stated the City could sell it back or let the condominium association there that is using it privately fund that. Mrs. Gray commented about the City getting revenue from our sport venues and stated she would like to see contracts actually come back to the Commission so they can make the decision instead of the contracts going to the department head or Parks and Recreation. She stated the City needs to bring someone in to do a study because all the City's venues are valuable and if we are going to allow a private entity to use them then they need to pay. Mrs. Gray stated she believes that our parks and pools were built for our residents and not for private entities. Mrs. Gray expressed concern over the City of Delray Beach giving away all of our space that was designed for our residents. The City Manager stated this is being worked on and noted that the budgetary impact is minor. Mrs. Gray reiterated that she supports taking the Delray Swim and Tennis Pool out of the budget because it is underutilized. Mr. Jacquet stated when Mrs. Gray brought this up in a Workshop he asked the individual who is in charge of our facilities and he got a response in the affirmative that they did not feel enough people from the community went there. Mr. Jacquet supports closing the pool because there is a large enough sum of money that the City could bring back or keep. He stated if this public pool is privately used by the community then he supports selling it to the people who own and operate those buildings. 14 09/20/12 Mr. Jacquet stated if we could potentially sell it back and if the pool is underutilized then we might as well do something with it to make sure that we do not continue throwing money away. The City Manager stated staff has identified the pool before as something we could close. He stated when staff starts prioritizing things it is one that could be closed. The City Manager stated he disagrees with the assertion that it is privately used because there are a good number of swim lessons taught there; however, compared to the Pompey Park Pool, it is not used nearly as much. Mr. Jacquet inquired about the Aqua Crest Pool. The City Manager stated the City is working with the County on the Aqua Crest Pool. Mayor McDuffie stated the Aqua Crest Pool is one of the lowest performing pools and one of the reasons the County is willing to work with the City is because it does not return 85% of the cost; it only returns about 15% of the cost. The City Manager stated selling the pool is a bit problematic because it does not have separate restrooms. The City Manager stated he can work out the fire position within the budget but the Commission needs to decide whether or not to close the pool. Brief discussion by the Commission continued. Mr. Carney moved to approve Resolution No. 49-12 with the caveat to close the Delray Swim and Tennis Pool, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor McDuffie — No; Mr. Carney — Yes. Said motion passed with a 3 to 2 vote, Commissioner Frankel and Mayor McDuffie dissenting. 10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan for FY 2012-13 through FY 2016-17 and FY 2013 Capital Improvement Budget are consistent with the Comprehensive Plan. The City Manager stated this has been reviewed by the Planning and Zoning Board and they found that it is consistent with the Comprehensive Plan. Staff recommends approval. Mrs. Gray moved to approve the Capital Improvement Plan, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 15 09/20/12 10.D. ORDINANCE NO. 28-12: Consider an ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.089, "Definitions", to amend the definition of "Employee" to include certain previously excluded positions. The caption of Ordinance No. 28-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.089, "DEFINITIONS", TO AMEND THE DEFINITION OF "EMPLOYEE" TO INCLUDE CERTAIN PREVIOUSLY EXCLUDED POSITIONS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-12 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney read the caption of the ordinance and stated there has been a minor change in the ordinance from first reading. The City Attorney stated staff added language to Section 35.089(2) that also provided for the Sustainability Officer/Public Information Officer to be included in this change as well. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 28-12, the public hearing was closed. Mr. Jacquet asked if this saves the City money. The City Manager stated it does not save money; however, if all the employees eligible were to buy into the plan it would be an additional cost of $7,516 per year. The City Manager stated it gives the City a good tool going forward to help them in recruiting employees at the department head level and above because those are "at will employees". He stated they could come in under the Deferred Compensation Plan and then buy into the Pension Plan later if they see they are going to be with the City long enough to be vested. Mr. Jacquet asked what the intent was behind the original decision and why they were not included to begin with. The City Manager stated an employee has to be employed ten (10) years to be fully vested in the pension plan. The City Manager 16 09/20/12 stated some employees may come in with the idea that they do not intend to stay that long and they have the option of having the city contribute to a Deferred Compensation Plan instead of going into the Pension Plan. The City Manager stated in 2004 the City opened it up and allowed anyone who wished to within a ninety (90) day window to buy into the plan and many senior employees did at time but some did not and some have joined the City since then. Brief discussion between Commissioner Jacquet and the City Manager continued. Mr. Jacquet commented about the position being added not being a department head position. The City Manager stated this employee was a contract employee and when he changed from a contractor to a regular employee the City neglected to put him in the Pension Plan which should have been done at that time which was approximately three years ago. Mr. Carney stated asked if the time that the employee becomes vested after that time they should not be able to. Mr. Carney inquired about whether or not the next City Manager will be able to opt into this program depending on what his contract says. Mr. Carney stated we should make sure that once an employee has the opportunity to vest that is when they have to make the election and not wait until the end and if they stay long in they opt in and if they don't then they can move on. Brief discussion by the Commission followed. Mr. Jacquet asked why the City decided to make this irrevocable. The City Manager stated you do not want people to move back and forth; once they decide to go into the plan they have to stay in the because the City and the employee has put money into it and you do not want them to go back to the Deferred Compensation Plan. Mr. Frankel moved to adopt Ordinance No. 28-12 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — No; Mr. Frankel — Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 10.E. ORDINANCE NO. 30-12: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increased residential and commercial collection service rates for FY 2013. The caption of Ordinance No. 30-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF 17 09/20/12 DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2013; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lisa Hartman, Utility Billing Manager, stated this is amending the garbage ordinance to increase the garbage rates by approximately 3.7% based upon the fact that the rates the City is paying Waste Management are increasing October 1, 2012. Mrs. Hartman stated this is due to the price increases with the diesel fuel and the cost of living adjustment. Mayor McDuffie declared the public hearing open. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C", Delray Beach, FL 33483, stated he emailed the Commission regarding the trash cans and he has had experience dealing in Washington, D.C. with the Big Belly Solar powered trash compactors and they are a burden. He stated the way the contract is set up with Waste Management the City is responsible for graffiti, vandalism, or any third party damage which he feels will be 99% of the damage. Mr. Blum proposed that the City exchange those Big Bellies get a reduced cost and use that cost to pay the City for the increase that the citizens would bear as far as their trash collection would go. Mr. Blum stated the compactors are all peeling and when you open up the tops there is gum inside and trash all around them. He urged the City to take this off the backs of the people who are paying their water bills and eat the cost and get Waste Management to reduce their costs to the City by not giving us the Big Bellies. There being no one else from the public who wished to address the Commission regarding Ordinance No. 30-12, the public hearing was closed. Mr. Jacquet is opposed to this because he wanted to see the rates go down for the residents or at least get the opportunity to see whether we can save the residents some money or not. He stated the residents are paying a fair amount for trash pickup. Mr. Jacquet reiterated that he stands by his earlier decisions in prior meetings and will be voting "no" against this. Mr. Carney clarified that these are scheduled increases that are set forth in the current contract. Mrs. Hartman stated if the Commission did not want to have the rate 18 09/20/12 increase the City would have to absorb the additional cost because that is what the Waste Management contract states. Mr. Jacquet stated he feels that the City should pay it because the City decided that the residents should continue with that contract. Mr. Jacquet stated if we felt that we did not want them to at least explore the opportunity of getting a lower cost and now we are going to turn around and put the increase on the residents again he does not see that as his position. Mrs. Hartman explained that this increase is for the upcoming fiscal year and is based on the current contract that the City has. Furthermore, the City Manager stated if the City had gone out to bid it would not affect this rate increase because this rate increase is under the current contract which runs until September 30, 2013. The City Manager stated if the City had gone out to bid the new contract would not have taken affect until October 1, 2013. Mrs. Gray stated she understands what the Commission is voting on is an existing contract that will be forward for the next fiscal year. Mrs. Gray inquired about the increases. Mrs. Hartman stated it was about .25 to .90 per month on the regular residential rates. Mr. Frankel moved to adopt Ordinance No. 30-12 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting. At this point, the time being 8:08 p.m., the Commission moved to Item 11, Comments and Inquiries on Non -Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no comments or inquiries on non -agenda items. 11.B. From the Public. 11.11.1. David Charles Faustin, 10175 Camino Del Dios, Delray Beach, FL 33446 (continued his remarks from March 6, 2012, April 3, 2012, May 1, 2012, and June 5, 2012 meetings), stated he stands before the Commission in defense of liberty, the rule of law, and the United States Constitution. Mr. Faustin read a brief statement into the record. 11.11.2. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445, wrote the City Commission a letter regarding the abrupt movement of one of the employees at Pompey Park who she feels has worked so well with the community in all aspects of keeping the programs going, etc. Ms. Odom stated there is new staff at the 19 09/20/12 park and sometimes when people change people get a little leery of how that change is going to affect what we are so comfortable with. She stated she is proud of Delray Beach and how it has maintained a program that is the envy of so many cities. Ms. Odom stated the new people are not familiar so much with the programs because they have not had experience with it. She stated historically African-American kids are losing ground in baseball all over the country. Ms. Odom stated she wants to make sure that the opportunity to work with the city continues as they do what they have done over the 40 years and that is to make a viable program that we are the envy of so many cities. 11.13.3. Betty Goodman, 930 S.W. 111h Terrace, Delray Beach, FL 33444, distributed information to the Commission regarding an employee who worked at the City of Delray Beach. Ms. Goodman stated at the last Commission meeting she attended there was discussion about some new wand technology for the water meters. She stated she remembers when the men used to have to bend down and read the water meters so when the City got the new wand this was great technology. However, Ms. Goodman stated it was discussed about a new technology now where the City would not have to have employees read the meters. She urged the Commission to seriously think about it when accepting this kind of technology from these companies that is going to eliminate jobs because there are already a lot of people out of work. She stated some technology is wonderful but some technology is to just make money for the companies. At this point, the time being 8:18 p.m., the Commission moved back to Item 9.1). of the Regular Agenda. 9.1). VALET PARKING QUEUE EXPANSION/PRIME STEAKHOUSE: Consider a request from Prime Steakhouse to expand their valet parking queue from 2 to 6 spaces for the property located at 110 East Atlantic Avenue. Scott Aronson, Parking Management Advisory Board, stated Prime Steakhouse has requested an expansion of their valet queue. Mr. Aronson stated the Commission heard this item back in March and it was tabled at that time as the Parking Study was being brought forth and how the results of the Parking Study might affect that. He stated the Parking Valet License Agreements were changed and there were no real changes to the queues themselves and the prime queue on S.E. 2nd Avenue still has the burden of the additional restaurants that had opened recently with Salt Park Tavern. He stated across the street Rock will be opening soon which is an additional 3,000 square feet. Mr. Aronson stated they currently have two spaces on the west side of S.E. 2nd Avenue south of Atlantic Avenue. Mr. Aronson stated the applicant is requesting to expand that queue further south and they are requesting two spaces across the street on the east side. He stated this would reduce their travel route and they currently park their cars Mayor MCDuffie stated when you get below Worthing Place you can no longer turn back to west but you have to turn east on S.E. 1St Street (one-way). Mr. 20 09/20/12 Aronson stated people are going down to 2nd Street and turning west and then coming back down S.E. 1st Street. Mrs. Gray expressed concern over all the free parking spaces going to valet. Mr. Aronson stated this would be four (4) additional spaces; for each parking space on a busy weekend night you might get three (3) cars to park there (i.e. first seating, second seating, and then a late night crowd). He stated the valets between those three seating's can move upwards of 20-30 cars per space. Mr. Aronson stated you are sacrificing the four (4) spaces of the number of people that is serviced through those spaces. He stated in most cases, this is one of the exceptions that it uses the Federspiel Garage, but they do lease other private parking lots which lay dormant during the evening so it opens up our inventory. Mr. Aronson stated there is the small financial stipe in there at $105.00 per space totaling $420.00. Mrs. Gray stated the merchants did not want parking meters there which she believes would make the City more money versus these valet queues but asked if this is the same thing because they do not have the parking and they still have to pay for it. She stated these parking queues are supposed to have some type of attachment to the businesses. Mrs. Gray asked who then actually owns that queue. Mr. Aronson stated Mrs. Gray is correct and Prime Steakhouse owns that queue. Mrs. Gray stated it is going to be very congested and if cars come from both directions it is going to be a big issue in this area. Mrs. Gray stated she does not want to give these four (4) spaces up. Mr. Carney stated he attended the Parking Implementation meeting on Wednesday morning for the purpose of reviewing a couple of matters with Mr. Aronson and this matter is one that he also brought up to him at that time. Mr. Carney stated he did an "unscientific study" over the weekend watching these parking valet stands that had multiple spaces and found that some cars were parked in these spaces for great periods of time without being moved into their designated spots. Mr. Carney stated he is against expanding anyone's parking queues at this time giving Prime Steakhouse six (6) spaces especially the two (2) spaces on the east which would force people onto Atlantic Avenue. Mr. Carney stated you do not need four (4) spaces to run a valet if you are in fact parking all the cars. He stated he cannot see any justification for expanding what they already have. Mr. Frankel concurs with comments expressed by Commissioner Carney and echoed Commissioner Gray's concerns. Mr. Frankel stated the DDA did not get a second on the motion to approve the request and the consensus of the CRA was denial of the request. Mr. Jacquet stated his fellow Commissioners made great points. Mr. Frankel moved to approve the Valet Parking Queue Expansion from Prime Steakhouse from two (2) to six (6) spaces, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney — No; Mr. Jacquet — No; Mr. Frankel — No; Mrs. Gray — No; Mayor McDuffie — No. Said motion was DENIED with a 5 to 0 vote. 21 09/20/12 At this point, Mr. Carney reiterated that staff needs to review his concern about this lack of correct use of these prime spaces which we have taken out of public use. 9.E. AGREEMENT: DELRAY BEACH MARKETING COOPERATIVE (DBMC) COMMUNITY REDEVELOPMENT AGENCY (CRA)/GREATER DELRAY BEACH CHAMBER OF COMMERCE: Consider approval of an Agreement between the City, Delray Beach Marketing Cooperative (DBMC), Community Redevelopment Agency (CRA) and the Greater Delray Beach Chamber of Commerce, to make the City the party responsible for financial aspects of First Night; and the removal of the Downtown Development Authority (DDA). Robert A. Barcinski, Assistant City Manager, stated the Commission is being requested to consider approval of an agreement between the City, Community Redevelopment Agency (CRA), the Chamber of Commerce and the Delray Beach Marketing Cooperative (DBMC). Mr. Barcinski stated this would not take effect until October 7, 2012 and the DDA decided to not be a partner after this date. Mr. Barcinski stated the other change is it gives the City more responsibility for financial aspects of the 4th of July similar to First Night. Mr. Barcinski stated the DBMC Board came up when the City had the issue with the barge last year and the issues with the cost and the DBMC has a very limited budget. Mr. Carney stated is it premature to consider this contract when we are going to be having a Workshop. Mr. Barcinski stated the City is under the old agreement until October 7, 2012 because the DDA officially gave notice. Mr. Carney stated there are a lot of questions that need to be asked and answered on this issue. Mr. Carney stated this contract may be subject to revisions on October 9, 2012. Mrs. Gray concurred with comments expressed by Mr. Carney. Mrs. Gray moved to postpone until October 16, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 9.F. MUNICIPAL LIEN SEARCH FEE INCREASE: Consider approval of an increase to the municipal lien search fees. Chevelle D. Nubin, City Clerk, stated staff is requesting to increase the lien search fees. Ms. Nubin stated the lien searches fees are handled with the City Clerk's office, the Utility Billing division, and the Code Enforcement division and staff processes between 10-20 liens per day. The City Clerk stated the last time the fees were increased was October 2009. Ms. Nubin stated the City currently has a regular fee of $40 and a rush fee of $75. She stated the regular lien searches that staff has done to date is 1,470 searches which brought in approximately $58,000 and under the rush searches staff 22 09/20/12 has completed 709 searches to date which brought in a little over $53,000. Staff requests to either increase both of those fees by $25 which will equate to $65 for a regular search and $100 for a rush fee with still maintaining the 1-3 business days response time for the rush and 5-7 business days response time for the regular fee. Or, Ms. Nubin stated the City can go to a flat fee of $100 for all lien searches with a 5 day response. The City Clerk stated staff surveyed all 38 municipalities and there were other municipalities looking at what they charge as well because it takes a little bit of time across these departments to complete these lien searches (11/2 hrs. per lien search). She stated if there are other things that have to be researched dating back to previous owners sometimes staff has to pull records for that. Ms. Nubin stated staff provides updates as well because sometimes the title companies and/or person requesting the search may not close on the day they initially expected and staff has to provide the information to them again. Ms. Nubin stated with regard to the City of Boynton Beach and the City of West Palm Beach the reasons their fees are a flat rate of $115 is because they use the "Net Assets" software. Ms. Nubin stated the City of Delray Beach looked at that software as well but we are also looking at some things with our financial software here so once we have all of that worked out we may be able to go to "Net Assets" because it is an online or web -based type of service. Ms. Nubin stated if the City increases the fees by $25 for the regular and the rush fee the proposed revenue to the City is approximately $54,000; if we go to the proposed flat fee of $100 for all lien searches next year the revenue would increase by $110,000. Mr. Carney stated there needs to be a significant difference between the City's regular fee and rush fee. It was the consensus of the Commission to support the difference between the City's proposed regular fee of $65 and proposed rush fee of $100. The Commission stated although they support the proposed increase for the City of Delray Beach it is still low compared to what other municipalities charge. Mr. Frankel moved to approve the municipal lien search fee increase for fiscal year 2012-2013, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint two (2) regular members to the Historic Preservation Board to serve two (2) year terms ending August 31, 2014. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). Mrs. Gray moved to appoint Reginald Cox as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2014, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 23 09/20/12 Mayor McDuffie stated he wished to appoint Annette Smith as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 21, 2014. Mr. Carney so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Linda Kidd as a regular member to serve an unexpired term ending July 31, 2013, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint two (2) regular members to serve unexpired terms ending July 31, 2014 and two (2) alternate members to serve unexpired terms ending July 31, 2013 to the Green Implementation Advancement Board. Based upon the rotation system, the appointments will be made by Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). Mr. Carney moved to appoint Joeven Valenzuela as a regular member to the Green Implementation Advancement Board to serve an unexpired term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. Mr. Jacquet moved to appoint Hilary Roche as a regular member to serve an unexpired term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to appoint Michael Marcus as an alternate member to the Green Implementation Advancement Board to serve an unexpired term ending July 31, 2013, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to appoint Giulia Pace as an alternate member to the Green Implementation Advancement Board to serve an unexpired term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — 24 09/20/12 Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:41 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 29-12: Consider a request for historic designation of an individual site known as the "Waters-Wellenbrink Residence", located at 1108 Vista Del Mar Drive North to be listed in the Local Register of Historic Places. If passed, a public hearing will be held on October 2, 2012. office.) The caption of Ordinance No. 29-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING WATERS-WELLENBRINK RESIDENCE, LOCATED AT 1108 VISTA DEL MAR DRIVE NORTH, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-12 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is an approval to individually designate the property located at 1108 Vista Del Mar Drive North as Waters-Wellenbrink Residence as listed on the Local Register of Historic Places. Mr. Dorling stated it is a Cape Cod colonial revival style single family home built in 1938 and it has been minimally altered to allow it to maintain its original integrity. He stated the LDRs set forth criteria under Section 4.5.1(13)(2) and 4.5.1(B)(3) and it meets criteria in both of those categories to designate it as a local property. Mr. Dorling displayed an aerial of the property and photographs of the structure. Staff recommends that it be approved and locally listed. At its meeting of September 19, 2012, the Historic Preservation Board recommended approval. Mr. Carney moved to approve Ordinance No. 29-12 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. 25 09/20/12 Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 33-12: Consider an amendment to Chapter 37, "Delray Beach Code Enforcement", by amending Section 37.42, "Administrative Fines; Costs of Repair, Liens", to increase the fines for noise violations as defined in Section 99.03. If passed, a public hearing will be held on October 2, 2012. The caption of Ordinance No. 33-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 99.02 "DEFINITIONS" TO DEFINE "STRUCTURE"; BY AMENDING 99.03 "LOUD AND UNNECESSARY NOISES PROHIBITED" TO CLARIFY SAME; BY AMENDING SECTION 99.08 "PENALTY" TO INCREASE THE FINES FOR NOISE VIOLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated at the last meeting the Commission gave staff direction to bring an ordinance forward that provided for an increase and possible fines regarding noise violations. He stated we would need to amend this section in order to allow us to increase the fines for noise violations. The City Attorney stated the language in this ordinance is the maximum allowed by State Statute; this does not mean that the City is going to implement that change but it allows the City to do that if they decide to. Mr. Frankel moved to approve Ordinance No. 33-12 on FIRST Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 34-12: Consider an amendment to Chapter 99, "Noise Control", by amending Section 99.03, "Loud and Unnecessary Noises Prohibited", to clarify same, by amending Section 99.08, "Penalty", to increase the fines for noise violations. If passed, a public hearing will be held on October 2, 2012. The caption of Ordinance No. 34-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 26 09/20/12 AMENDING CHAPTER 99 "NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 99.02 "DEFINITIONS" TO DEFINE "STRUCTURE"; BY AMENDING 99.03 "LOUD AND UNNECESSARY NOISES PROHIBITED" TO CLARIFY SAME; BY AMENDING SECTION 99.08 "PENALTY" TO INCREASE THE FINES FOR NOISE VIOLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. He stated at the last meeting where staff was amending the noise ordinance there was some discussion on the inconsistency of one of the sections where it talks about loud speakers and Public Address (PA) Systems. He made reference to Section 99.03(A)(1) and (A)(2) and whether or not there could be some inconsistency in the enforcement of that which the Code Officer would site to whether it is Section 99.03(A)(1) or (A)(2). The City Attorney stated to clarify that staff has included that language under Section 99.03(A)(1) so that will be the citation that would be issued and there would not be a discrepancy in the distance requirements or how someone could interpret whether or not there would be a violation. The City Attorney reiterated that staff has amended this section in order to allow for the potential of an increased fine greater than what it was at the last ordinance. He stated this is not setting the fine at a certain amount but it allows us to fine up to the amount that is statutorily allowed by law. The City Attorney stated with regard to these fines it cannot just be on a civil citation; in order to get the graduated fines it would have to through the Code Enforcement Board for them to have a finding of guilt before someone could be fined a second time for a repeat violation. Mr. Carney moved to approve Ordinance No. 34-12 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS. 13.A. City Manager The City Manager stated Commissioner Gray had asked if the City can include an additional venue at the S.W. 5th Avenue Plaza (Ms. Wesley's Plaza Park). The City Manager stated the City will try to have some other events in-between as well to attract more people down to 5th Avenue. Secondly, the City Manager stated with regard to the status of the Full Service Center according to the School District they have $50,000 in the budget for fiscal 27 09/20/12 year 2012-2013 to develop design documents for demolition in the school. He stated if the School District gets funding in 2014 they would demolish it then (between July 1, 2013 -June 30, 2014) but right now it does not look like they will have funding available and it is not included in their 5 -year capital plan. U.B. City Attorney The City Attorney had no comments or inquiries on non -agenda items. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet stated several months ago he brought up the issue about smoking and hiring and the Commission discussed this at a Workshop meeting. He stated it was unanimous from the comments that the Commission wanted to see this come forward at least in the proper process. Mr. Jacquet stated he would like to see this placed on the next agenda. Secondly, Mr. Jacquet asked what the City's process was for naming things in the City such as a building or park. Lastly, Mr. Jacquet stated he would like to see recognition for a group of individuals within the city who have been doing some phenomenal work known as the "Delray 21" in particular Mr. Lee Cohen and Mr. Ryan Boylston. Mr. Jacquet stated they have taken a few of the athletes and students from Atlantic High School, the mentoring program, teaching life skills, they are always at their athletic games and helping out. Mr. Jacquet stated Mr. Cohen and Mr. Boylston were instrumental in getting brand new uniforms for Atlantic High School and they are the talk around the nation. He stated the uniforms are unique, the players love it, and it makes a loud statement and the players enjoy it. Mr. Jacquet stated the first play in their new uniforms was a touchdown and they beat Pahokee High School 39-0 last Friday. He stated tomorrow evening is the next football game against the Santaluces Chiefs. Mr. Jacquet reiterated that the City recognize this group and the work that they are doing in the community. He stated Mr. Ryan Boylston part of Futuristic Woo designed the uniforms and Lee Cohen came out of pocket to help fund it. 13.C.2. Mr. Carney Mr. Carney stated approximately 4-5 months ago he led direction in asking that City staff start considering developing Legislation to deal with transient housing that we could propose in Tallahassee. He stated they worked very hard and came up with a variety of different options and has been working with both the Palm Beach County League of Cities and the Florida League of Cities to see if they can get some traction for their support in this proposed Legislation. He stated Delray Beach and to a lesser extent Boca Raton have a unique situation which the others do not share and the Florida League who only proposes two bills a year to start pushing; Delray Beach made 28 09/20/12 the list but we were down on the list so we will not be one of theirs that will be pushed. Therefore, Mr. Carney stated he had conversations with people in Boca Raton and they have this issue on their Legislative agenda this year as a standing issue and they have hired a lobbyist to try to affect some benefit for them in this Legislation in Tallahassee. Mr. Carney requested that at the next Commission meeting we have consideration that Delray Beach piggyback with Boca Raton with a lobbyist or engage our own in order to get this Legislation introduced and gain some traction because otherwise we will be where we are today. Secondly, Mr. Carney expressed concern over the management of pension funds. He stated now that the budget is over he has spent a lot of time looking at the various performance of the two principal pension funds that we have in the city and he is perplexed by the Police and Fire Pension Fund in terms of its performance. Mr. Carney stated the City has three members of the Board as do Police have three members of the Board as do Fire have three members of the Board but if it does not perform well the City has to make good any deficiency. Mr. Carney stated we need to sit down and bring the management of these pension funds under some greater control of the city in terms of who we choose and have a greater voice in that process. He stated on total performance standards these funds are not performing as well as other funds are performing and suggested that this be discussed at a Workshop meeting. Lastly, Mr. Carney stated he received several calls within the last few days regard to Deidra Thomas and asked staff to look into this to see if there is a way the neighborhood can be accommodated better than they have been in this particular case. 13.C.3. Mrs. Gray Mrs. Gray stated Lula Butler's office has been working on the naming rights procedure. Secondly, Mrs. Gray stated she would like to move forward with trying to get a study done or someone to analyze the Tennis Stadium. She stated some of her fellow Commissioners have talked about having a skybox and she would like to move forward with getting a study done to see what it would cost. Mrs. Gray stated she believes this is an asset of the City and is an anchor to West Atlantic Avenue. Mrs. Gray stated she supports having an outside lobbyist not just because of transient housing but because of dollars that are out there that we may not be tapping into. She thanked the Commission for agreeing to move forward with the Prescription Drug Program that we have from the National League of Cities. Mrs. Gray stated Delray residents are saving up to 23% on their prescription drug medications. Lastly, Mrs. Gray stated the AKA sorority had their Senior Citizen Luncheon last Saturday at Pompey Park and over 100 senior citizens were in attendance. 29 09/20/12 13.C.4. Mr. Frankel Mr. Frankel stated the Police and Fire Pension Fund is up $10-$12 million this year and supports having a Workshop meeting to discuss this. Secondly, Mr. Frankel stated he was in the hospital last week and complimented the paramedics and the Wellness Center. Mr. Frankel stated he and Commissioner Gray represented the City yesterday at the Mayor's Literacy Luncheon for the Literacy Coalition of Palm Beach County. Mr. Frankel stated Mayor McDuffie was announced for the great work that he has done as well as the City being recognized for everything with regard to the Education Committee. Mr. Frankel gave a packet to the City Manager and stated they noted that the City can seek some sort of designation that would allow us to apply for grants. Lastly, Mr. Frankel stated wished everyone a "L' Shana Tova" (Jewish Happy New Year). 13.C.5. Mayor McDuffie Mayor McDuffie stated he was not able to be at the Mayor's Literacy Luncheon yesterday and thanked Commissioner Frankel and Commissioner Gray for attending. Secondly, Mayor McDuffie stated he will have all the stakeholder partners together next week for the Digital Divide Project to do a detail on what we need to get the kickoff done the first week of October. He stated is thrilled that the City is going to be able to make that opportunity available to our underserved kids. Also, Mayor McDuffie suggested to invite Janet Meeks and he will follow up with exactly what day that is. There being no further business, Mayor McDuffie declared the meeting adjourned at 9:05 p.m. ATTEST: MAYOR City Clerk 30 09/20/12 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 20, 2012, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 31 09/20/12 WORKSHOP MEETING SEPTEMBER 24, 2012 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:02 p.m., on Monday, September 24, 2012. Roll call showed: Present - Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Kimberly Wynn, Agenda Coordinator Mayor McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Discussion of City Manager Recruitment Process: Kurt Bressner, Florida City and County Management Association (FCCMA) and the International City/County Management Association (ICMA) Range Rider Coordinator provided a brief overview of his presentation. a. Review attributes report Mr. Bressner stated he had thirty-six (36) attributes listed in the report; the Commissioners identified thirteen (13) of those as being critical (which was not unusual). He stated that the critical attributes coupled with the important skills is what should be concentrated on for recruitment. Mr. Bressner stated that the City would be going through a significant turnover in staff, especially upper management within the next five years because of retirement. Mr. Bressner suggested that several expectations be met by the candidate. He discussed some of the key areas identified in the profile analysis.. He also noted that the Commissioners requested a regular system of feedback. b. Review and approve draft of profile Mr. Bressner discussed the draft profile compiled by staff. He recommended that specificity with experience and education is included in the profile. Parameters should be set to streamline applications. For a community of this size and complexity a minimum of five to seven (5-7) years' experience as a City Manager or in an Executive role is urged. Mr. Carney stated he does not want advanced degrees to be the only component. A Master's in Business Administration (MBA) or Master's in Public Administration (MPA) degree background should be considered in addition to experience. Mayor McDuffie stated there should be an educational base or relevant experience to apply; a well-rounded person is needed. Commission ensued in discussion on the educational requirements and desires. It was the consensus of the Commission that an MBA, MPA and/or relevant experience in the field was desired. Commission ensued in discussion on the required experience as a City Manager, CEO or related high-level in command position. Mr. Harden advised that the average tenure for a City Manager is five to seven (5-7) years. The consensus of the Commission is to require five to seven (5-7) years' experience. Mr. Bressner asked about background and if the ICMA Credentialed Manager would be a required component for recruitment. He explained the process to become a credentialed ICMA Manager. Mr. Carney explained why he did not want to include a requirement that would exclude otherwise qualified applicants. If an applicant possesses a certain skill or credentials he would volunteer that information. It was the consensus of the Commission that the ICMA Credentialed Manager was desired but not required. Mr. Bressner discussed what the Commissioners agreed was important for the City Manager to work on in their first year based on the attributes report. Mrs. Gray discussed the importance of having a City Manager that was experienced in community redevelopment. Mayor McDuffie stated that he agreed with all of the suggestions made by Mr. Bressner that are critical to select the right person as City Manager. c. Establish a salary range for the position advertisement Mr. Bressner stated that the salary range for City Managers was $117,000.00 - $187,000.00 for local municipalities. He advised that although the City of Boynton Beach was not in the backup, the salary was $165,000.00. Mr. Bressner advised that $117,000.00 is too low and would be a disservice to the City. Mrs. Gray recommended $165,000.00 - $180,000.00 as the salary range. Mr. Frankel asked how the salary range figure was derived. Mr. Bressner stated that an employer salary survey called PEPIE (Public Employers Personnel Information Exchange) was completed. 2 September 24, 2012 It was the consensus of the Commission that the starting salary would be advertised as $150,000.00 - $180,000.00. d. Finalize the Procedure to advertise and timeline for applications to be accepted Mr. Bruce Koeser, Human Resources Director, discussed the procedure that would be used and the timeline that applications would be accepted. He explained that a summary of the applications received would be placed on a spreadsheet and sent to the Commissioners weekly for their review during the month of October. Mr. Bressner stated that once the application period closed, the Review Team would go through the applications. They would prepare the reviews and submit them to the HR Director who would tabulate the results and provide feedback. He advised that the Selection Review Team would include 2-3 Range Riders or possibly an active City Manager and the Human Resources Director. Mr. Bressner discussed the process used in 1990 City Manager recruitment process. It was the consensus of the Commission that the presented recruitment process was acceptable. He recommended that the public engagement process be discussed at a later time. Mayor McDuffie asked about residency requirements. It was strongly recommended that the City Manager live within the City limits. Mr. Harden stated no residency requirement is in the Code of Ordinances, and he did not have a residency requirement when he was hired as City Manager. It was the consensus of the Commission that the new City Manager is required to reside in the City as part of their employment contract within 6-9 months. e. Discuss the timeline for Commission selection of interview finalists Mr. Bressner confirmed that the application window would close on October 31, 2012. The Selection Review Team would have recommendations back to the Human Resources Director before the end of the second week in November. Mr. Carney asked what the process is if there is a candidate that he considers to be qualified. Mr. Bressner stated that the Commissioners would have a meeting to discuss the recommended candidate. If Commission agreed, the finalist would be added to the list or would bump one of the finalists. He stated that the Mayor and Commissioners have the opportunity to present qualified candidates. f. Discuss funding for travel of candidates as required Mr. Bressner stated that the normal practice was for the City to pay for the travel of the selected finalists. 3 September 24, 2012 Mr. Harden suggested that the expectation be two to three (2-3) finalists, five (5) at the most. Mr. Carney asked the anticipated number of applicants. Mr. Bressner stated that the draft profile would be ready before the end of the week. Mayor McDuffie adjourned the Workshop Meeting at 7:03 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Monday, September 24, 2012, which Minutes were formally approved and adopted by the City Commission on October 16, 2012. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 4 September 24, 2012 WHEREAS, the 2.5 million breast cancer survivors living in the United States today are a testament to the importance of promoting awareness about breast cancer, providing information, funding research, following recommended screening guidelines and offering treatment to those who are affected; and WHEREAS, although worldwide it is still the most frequently diagnosed cancer in women, breast cancer affects both women and men, with an estimated 2,140 new cases of invasive breast cancer being diagnosed among men and 232,620 for women in the United States this year; and WHEREAS, Breast Cancer Awareness Month is a platform for educating women and men about the importance of early detection through mammography and other methods, thus improving the chances for a successful treatment and survival; and WHEREAS, the City of Delray Beach encourages all citizens, government agencies, private businesses and all other interested groups to get the facts about breast cancer and join in activities that will increase awareness of what everyone can do to prevent and control breast cancer. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of October as: BREAST CANCER AWARENESS MONTH in the City of Delray Beach, Florida, and urge all men and women to realize the importance of early detection for the prevention and successful treatment of breast cancer. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of October, 2012. NELSON S. McDUFFIE MAYOR WHEREAS, the City of Delray Beach has joined a national call to action for the Campaign for Grade Level Reading to help students be proficient readers by 3rd grade; and WHEREAS, learning to read is the most essential and fundamental skill for academic achievement and future success of a child; and WHEREAS, the third-grade reading milestone is important as after third grade, students pivot from learning to read to reading to learn; and WHEREAS, community leaders, educators, policy makers, businesses, parents, and volunteers are encouraged to work together to raise awareness of the importance of literacy and join our Campaign for Grade Level Reading; and WHEREAS, the City of Delray Beach is proud to promote the importance of literacy by designating November 8th as "Delray Reads Day"; and NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby proclaim November 8, 2012 as: 'D�zlrag Rgads 'Dag! IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 161h day of October 2012. NELSON S. McDUFFIE MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: October 10, 2012 SUBJECT: AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF OCTOBER 16.2012 THE DELRAY BEACH YOUTH COUNCIL PRESENTATION ITEM BEFORE COMMISSION The Delray Beach Youth Council would like to introduce themselves to the City Commission and promote public awareness of the Council to enhance their membership and visibility in the community. The Delray Youth Council will be present to accept a proclamation that declares October as Florida City Government Month. BACKGROUND The Delray Beach Youth Council was established in 1995 under the direction of the Mayor's office. Membership includes students from 12-18 years of age and is free of charge. This year, the Youth Council has approximately 20 members who attend a variety of area high schools as well as several local middle schools. The Council meets every other week on Tuesday evenings at 6:30 p.m. at the 505 Teen Center. The Youth Council is non -denominational and is a service organization that also provides leadership learning opportunities. The Council is co-sponsored by the Community Improvement and Parks and Recreation Departments. The Council hosts several fund-raising activities during the school year to cover the costs of their Club functions, as well as other activities for teens that live in the community such as the Back to School BBQ and Teen Bon Fire. Attached is a copy of the Council's schedule of events for the remainder of the calendar year. Motto: The Youth Council has been preparing youths of today for the leadership roles they will fill tomorrow since 1995 by giving them a voice and vote on youth -related issues. WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Month is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this month offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Month offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of October as: FLORIDA CITY GOVERNMENT MONTH in the City of Delray Beach, Florida, and encourage all citizens, city government officials and employees to do everything possible to ensure that this month is recognized and celebrated accordingly, and to encourage educational partnerships between city government and schools. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16`" day of October, 2012. NELSON S. McDUFFIE MAYOR Delray Beach Youth Council Date Event Location September 4, 2012 Regular Youth Council Mtg 505 Teen Center 6:30 p.m. September 15, 2012 Coastal Clean-up Sandoway House For Those Interested 8:00 -10:00 a.m. 142 S. Ocean Boulevard September 18, 2012 Regular Youth Council Mtg 505 Teen Center Election of Officers Presentation for City Commission Order Youth Council T -Shirts Competition Night October 2, 2012 Youth Council Event TBD Bowling, Putting Around, or Ultimate Frisbee October 16, 2012 Attend City Commission Mtg City Hall Mandatory! Provide a presentation 6:00 p.m. October 27, 2012 Halloween Veteran's Park pumpkin decorations October 30, 2012 Regular Youth Council Mtg 505 Teen Center Planning Session for Car Wash Make Posters, Determine supplies November 10, 2012 Car Wash Event 505 Teen Center 9:00 a.m.? November 13, 2012 Regular Youth Council Mtg 505 Teen Center Planning Session for Multi -Cultural Dinner November 21, 2012 Multi -Cultural Dinner 505 Teen Center 6:00 p.m. Bring your families favorite dish for Dinner November 27, 2012 Youth Council Meeting 505 Teen Center Planning Session for Coke Booth Sales, Competition Night November 291h Coke Sales Booth at OSS near X -Mas Tree 5:00 p.m. December 8, 2012 Kids Day at Tree Booth at OSS near X -Mas Tree Coke Sales 11:00 a.m. December 11, 2012 Youth Council 505 Teen Center Holiday Party December 31, 2012 First Night — Coke booth Booth at OSS near X -Mas Tree 5:00 p.m. —11:30 p.m. MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: October 10, 2012 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ACCEPTANCE OF A HOLD HARMLESS AGREEMENT / 622-A S.E. 5TH STREET ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agreement for the installation of pervious pavers in the driveway apron in the right-of-way on S.E. 5th Street. BACKGROUND The subject property is located on the south side of SE 5th Street, east of S Federal Highway at 622-A SE 5th Street. See location map. The Owner of the subject property will be installing pervious pavers in the driveway which is in the right-of-way. Due to the fact that this will be installed in the public right -of way, a Hold Harmless Agreement is required to hold City harmless for any damage that may occur during maintenance activities for utilities in right-of-way. The Owner agrees they will be responsible for maintenance of the pervious pavers in the driveway as well as removal at the City's request. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within the right-of-way by the Owner. RECOMMENDATION Staff recommends approval of the Hold Harmless Agreement. 4-2 - 4/ RECEIVED Prepared by: RETURN:t ;I R2 7 201Z R. Brian Shutt, Esq. City Attorney's Office"' - 200 N.W. lst Avenue Delray Beach, FL, 33444 HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this cag day of 20 12by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and Nt�Y�c®1�,, (hereinafter referred to as "OWNER") WITNESSETH: WHEREAS, OWNER owns property located at (V QZ- !°t L , Delray 9 Beach, Florida, and has requested CITY to allow for the installation of iIo s Pain the public right-of-way; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the perxii is Camee- as a result of maintenance within the public right-of-way or any action brought against the CITY as a result of the pex-vi su,---, in the public right-of-way. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: I _ The recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "A". 3. That OWNER wishes to install a(n) 1. '-) r S5 in the area, as shown on Exhibit B", in the public right-of-way pursuant to the City of Delray Beach Code of Ordinances. No structure or any portion of such structure shall be within feet of the City's wider -round utilities. 4. OWNER acknowledges that the CITY shall assume no responsibility or maintenance for the `lM,--,(r and any improvements thereto, which OWNER places within the public right-of-way and that OWNER shall be responsible for the upkeep and maintenance of such D�A���`S ey' �; and associated improvements in the public right-of- way in accordance with the Code of Ordinances of the CITY. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the ��S L'�2�,vr S and improvements in the public right-of-way. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to thetiStws '4,�Ls5 (r s and associated improvements OWNER places within the public right-of-way. It is understood that any cost for replacement or repair of the �rQk'oAS 19 � S and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held 15 y damage to the liable for ana j Ve� � Q1e and associated improvements as a result of any maintenance or construction within the public right-of-way by the CITY. 6. The CITY may at any time and in its sole discretion request that OWNER S remove the Jv_ from the public right-of-way and OWNER agrees to immediately remove the 02. kCaS fx)e a.S from the public right-of-way. 2 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: CITY: City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 OWNER: �-- rc- et�nr) 8. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any claim or lawsuit arising out of this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. 3 ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA 0 WITNESSES' O if D. 17 (Print or Type Name) David Harden, City Manager l (PriiorTf e- e (SEAL) STATE OF - COUNTY OF The foregoing instrument was ac owledged before me this Q day of np - , 200P -.by M 1Y� �� � (name of officer or agent), of (name of corporation), a _ (State or place of incorporation) corporation, on behalf of the corporation.he is 0ersonally.. known to me or has produced (type of identification) as id� nrif cation and did/did not take an oath. ignature of No blic - State of VL 8F?AN0j 11 UGHEY MyC0MUMS'0N#EE1589 ts3 EXPIRES February 06.2 79 0 18 91 BENCH MARK' TOP BENCH MARK' TOP NAIL AND WASHER NAIL AND WASHER ELEVATION +4,55 ELEVATION +4,39 ] _� ��.55 F4.54 PROVIDE DOUBLE SERVICE ON EXISTING LATERAL — SEE . C) DETAIL SHEET 3 z /(4.44)1 �� [ ' c�T�� �T�����T ``'�-' `/ ' / / STREET /��-�- / -- �-_- k4ATCH EXIST EL =±4.2 ucazivn iviaF s E � • w i �0 i . ,r co r: MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: October 10, 2012 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ACCEPTANCE OF A HOLD HARMLESS AGREEMENT / 622-B S.E. 5TH STREET ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agreement for the installation of pervious pavers in the driveway apron in the right-of-way on S.E. 5th Street. BACKGROUND The subject property is located on the south side of S.E. 5th Street, east of S. Federal Highway at 622-B SE 5th Street. See location map. The Owner of the subject property will be installing pervious pavers in the right-of-way. Due to the fact that this will be installed in the public right -of way, a Hold Harmless Agreement is required to hold the City harmless for any damage that may occur during maintenance activities for utilities in right-of-way. Owner agrees they will be responsible for maintenance of pervious paver in driveway and removal at the City's request. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within the right-of-way by the Owner. RECOMMENDATION Staff recommends approval of the Hold Harmless Agreement. . 2� Prepared by: RE'T'URN: � R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this � day of M by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and VA.%Z: '� 1')N(a)[-�� (hereinafter referred to as "OWNER"): WITNESSETH: WHEREAS, OWNER owns property located at CQ1• , Delray Beach, Florida, and has requested CITY to allow for the installation of�L�in the public right-of-way; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the �ri,)im� rs as a result of maintenance within the public right-of-way or any action brought against the CITY as a result of the in the public right-of-way. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "A". 3. That OWNER wishes to install a{n}'� CkKa6 in the area, as shown on Exhibit `B", in the public right-of-way pursuant to the City of Delray Beach Code of Ordinances. No structure or any portion of such structure shall be within feet of the City's underground utilities. 4. OWNER acknowledges that the CITY shall assume no responsibility or maintenance for the - S ^ and any improvements thereto, which OWNER places within the public right-of-way and that OWNER shall be responsible for the upkeep and maintenance of suchO°LtK',z� PaOtrSand associated improvements in the public right-of- way in accordance with the Code of Ordinances of the CITY. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the .T' --S, and improvements in the public right-of-way. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to thet ltC and associated improvements OWNER places within the public right-of-way. It is understood that any cost for replacement or repair of the =j%QjtS and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage to the PPry ira% 4.J'S-and associated improvements as a result of any maintenance or construction within the public right-of-way by the CITY. 6. The CITY may at any time and in its sole discretion request that OWNER remove thetW t-, '� from the public right-of-way and OWNER agrees to14 immediately remove the OI OL 4XL)L-L5 from the public right-of-way. 2 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: CITY: City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 OWNER: u -c �t F 8. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any claim or lawsuit arising out of this Agreement shall be in Pahn Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. 3 ATTEST: By: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: City Attorney WITNESSES: OU ��- 1 By (Print or Type Name (Print or Type Name) STATE OFL-- COUNTY OF l David Harden, City Manager (SEAL) The foregoing instrument was acknowledged before me this c --31P day of �ea 20t2by WZ�p,\-L \jiey\ (name of officer or agent), of (name of corporation), a (State or place of incorporation) corporation, on behalf of the corporation. MiNhe isersona:Uy--jVm to me or has produced (type of identification) asidentificationand did/did not take an oath. ature TTMly lic - State of a a " My WMMISS10t4 0 Eels MES Febmary 06, 220141 :1 SAN SAN — SAN SAN NCH MARK, TDP IL AND WASHER )EVATION +.4,87 I +4.92 +4.87 POLE +5.6 WTR SAN MATCH EXIST EL =±4.6 SAN SAN --.SAN LL N cn EXIST SEWER z LATERAL u i., +4.58 4.55 U- -2 ---6 "—D E E P X V 3\zSODDED 0- \ \,T'Q:- o.'"Al SWALE -N C) WT WTR WTR WTR WTR P� vv 5r w -m EXIST METER 4.50 TO REMAIN FF EL Me 5DO ucazivn iviaF cow lr MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 10, 2012 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 INTERLOCAL AGREEMENT/ CRA FOR FUNDING OF CONSTRUCTION/ PROFESSIONAL SERVICES ITEM BEFORE COMMISSION This item is before the Commission to approve an interlocal agreement between the City and Community Redevelopment Authority (CRA) for funding of various construction projects and professional services. BACKGROUND On September 28, 2012, the CRA Board approved the attached interlocal agreement in which the CRA will provide professional services and construction funding for various projects contained within the City's 2013-2017 Capital Improvement Program (CIP). Exhibit A of the attached agreement includes projects that will be funded through this interlocal agreement. RECOMMENDATION Staff recommends approval. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 2012, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY will be performing various construction projects located in the CRA district and as shown on Exhibit "A"; and WHEREAS, the CRA is providing funding for the projects in the amount listed on Exhibit "A"; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the bid award to the contractor, or approval of a Service Authorization with a consultant. Funding for the projects listed on Exhibit "A" shall include actual construction costs as well as other costs directly related to procuring, awarding, and completing the project construction including, but not limited to, advertising, testing, inspection, and utility relocation costs. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA. The CITY shall submit the written request to the CRA prior to the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. The CITY and the CRA agree and acknowledge that the approval of a change order does not require an amendment to this Agreement. 4. The term of this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other party of its intent to terminate this agreement, or 60 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit "A". Notwithstanding the foregoing, once the City has executed a contract with a contractor or professional for a particular project, the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreement, the CITY shall refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. If the total funds the CITY requires to complete a particular project, as identified in Exhibit "A", is less than the amount paid by the CRA to the CITY for a particular project, the CITY shall refund to the CRA any and all funds provided to the CITY that exceed the amount the CITY paid to the contractor or professional for the particular project. 5. Once the CRA provides any funding for any of the projects identified in Exhibit "A", the CITY shall provide the CRA with monthly reports detailing the progress 2 of the specific projects, including, but not limited to, the contract amount, the amount of funds paid to the contractor, the status of the project, and the total of any change orders related to the project. 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the CRA logo as required by this paragraph for projects funded pursuant to this Agreement. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. ki 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Diane Colonna, Executive Director (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA Nelson MOO* Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Howard Lewis, Chair The foregoing instrument was acknowledged before me this day of 2012, by , as (name of officer or agent title of officer or a anti of corporation W (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the He/She is personally known to me or has produced (type of identification) as identification. Notary Public — State of Florida N EXHIBIT "A" Fiscal Year 2012-2013 Projects City Project # project Name Amount of CRA Funding 2009-041 Atlantic Avenue Gateway Feature $ 100,000.00 B 2012-051 Swinton & Atlantic Intersection $ 80,000.00 C 2012-623 NE 1't Avenue Streetsca a Improvements —NE 18St/NE 2" St $ 275,000.00 D 2009-006 Block 19 Alley Improvements $ 100,000.00 E 2011-009 Block 32 Alley $ 100,000.00 F 2010-041 NW 12,nAve — Atlantic to MLK $ 600,000.00 G 2011-024 NE 3rd St/Ave Streetsca e & Alley Improvements $ 60,000.00 H 2004-006 SE & NE 1't St - One -Way Pair (Conversion) $ 115,000.00 1 2010-039 SW 25,1Street Beautification $ 1,000,000.00 J 2010-027 Bus Shelters $ 75,000.00 K 2011-017 Fire Headquarters Public Plaza $ 230,000.00 L 2013-604 SE 2" St Swinton — SE 3` Ave , SE 2ndAve & Alleys Blk 87 $ 650,000.00 M 2013-597 Osceola Park Alleys Phase 2 $ 230,000.00 N 2013-550 Downtown Tree Grate Replacement $ 140,000.00 O 2013-594 __Lfarkina Study Implementation Block 117 - Garage Plan $ 50,000.00 P 2011-067 1 NE 2" Ave/Seacrest Beautification $ 110,000.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: October 4, 2012 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 GRANT AWARD/ ALTERNATIVE WATER SUPPLY GRANT/ SFWMD ITEM BEFORE COMMISSION Acceptance and execution of an Alternative Water Supply (AWS) grant from the South Florida Water Management District (SFWMD) in the amount of $170,000 to provide supplemental funding for the Area 12A -Phase 1 Reclaimed Water System expansion project, P/N 2011-036. BACKGROUND Since 2004, the City has maintained an annual program for expansion of its reclaimed water transmission system for the purpose of providing an alternative irrigation source to City utility customers. Under the AWS Program, SFWMD has been able to provide supplemental funding for each of our expansion projects in previous years. On July 26, 2012, we were notified by the District that their AWS program was accepting applications for projects proposed for construction in fiscal year 2013. Through our consultant, we submitted an application to request funding assistance for the Area 12A -Phase 1 Reclaimed Water system expansion. Area 12A -Phase 1 encompasses the barrier island neighborhood from Atlantic Avenue south to Casuarina Road, from Gleason Street to AIA. The final design of the project is nearing completion, with the current estimated cost of construction at $1,200,000. At their September 13, 2012 meeting, the District Board approved their list of grant recipients which included the City of Delray Beach for the Area 12A -Phase 1 Reclaimed Water Project in the amount of $170,000. RECOMMENDATION Staff recommends City Commission accept the grant award and authorize the Mayor to execute the agreement for the City. SOUTH FLORIDA WATER MANAGEMENT DISTRICT October 2, 2012 Mr. Richard Hasko City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Dear Mr. Hasko: Ground Delivery Fedex: 417656215061310 Subject: Contract No. 4600002741 - FY2013 AWS - LEC 121 Reclaimed Water System Area 12A Phase I Enclosed please find two (2) copies of the above referenced document stamped "Original". Please have both documents executed by an individual with signature authority on behalf of your organization and return both originals to my attention within two (2) working weeks. If applicable, and not previously submitted, a Certificate of Insurance reflecting the required coverage(s) as well as documentation to demonstrate official delegation of signature authority up to the contract monetary limits should also be provided with the executed documents. Any delays in the return of the documents may jeopardize the availability of funding. Upon execution by the South Florida Water Management District (District), a fully executed original will be returned to you for your files. Your cooperation and timely response will be greatly appreciated. Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Should there be any questions, or if you require any additional information, please do not hesitate to contact me. Sincerely, Sharman Rose Senior Contract Specialist Procurement Bureau shrose@sfwmd.gov (561) 682-2167 FAX: (561) 682-5624 ISR Enclosure 3301 Gun Club Road, West Pahn Beach, Florida 33406 - (561) 686-8800 - FL WATS 1-800-432-2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 - wwwsfwmd.gov ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2012 — 2013 ALTERNATIVE WATER SUPPLY ' FUNDING PROGRAM Recipient: City of Delray Beach Agreement Number: 4600002741 Recipient's Project Manager: Governing Board Approval Date: September 1.3; _)0121 Richard Hasko, P.E. District Funding Amount: $170,000.00 Address: 434 South Swinton Avenue Delray Beach, FL 33444 Contract Terni: October 1, 2012 — September 30, 201.3' Telephone No: (561) 243-7336 I Fax No: (561) 243-7060 ' All deLVerables, aredue by,Augus(,3u, 2DX3 . ;,; . Email: Haskogci.delrU-beach.fl.us � � 'RN ....� � Baa SFWMD Project Manager: Stacey Adams Telephone No.: (561) 682-2577 E-mail Address: sadamsQsfwmd. og_v Fax No.: (561) 682-5873 Contract Specialist: Sharman Rose Telephone No.: (561) 682-2167 Fax No.: (561)682-5624 Address: 3301 Gun Club Road West Palm Beach, FL 33406 Insurance: Not Applicable Federal Employer Identification Number: 59-6000308 Project Title: FY2013 AWS — LEC 121 Description: Reclaimed Water System Area 12A Phase I Agreement No. 4600002741, Page 1 of 12 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1— PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A", hereinafter referred to as the "Project", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Status Report Exhibit D Final Project Summary Report ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60%) or more of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.707(8)(e), Florida Statutes. The Recipient acknowledges that the District may authorize an amount less than forty percent (40%); and, if current fiscal year construction costs decrease the approved funding may be decreased. The approved funding is a Agreement No. 4600002741, Page 2 of 12 percentage, up to forty percent (40%) based on the estimated current fiscal year project construction cost. For FY13, payment will be made by the District for work authorized and completed between October 1, 2012 and August 30, 2013. The District will not reimburse the Recipient for FY13 work that commences prior to the start date of the Agreement or for work completed after August 30, 2013. 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit "A". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the deliverable(s) as described in the "Summary Schedule of Tasks and Deliverables", attached hereto as Exhibit `B". The Recipient shall provide a completed Project Status Report attached hereto as Exhibit "C" within ten (10) business days of the following due dates December 31, 2012, March 31, 2013; and June 30, 2013. In addition, on or before August 30, 2013, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "D" and the Final Reimbursement Request Package. Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and Purchase Order Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable PO Box 24682 West Palm Beach, FL 33416-4682 The Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review and approval process, the Recipient shall also submit a copy of each reimbursement request package to the Project Manager. The Recipient's Agreement No. 4600002741, Page 3 of 12 reimbursement request package shall contain the backup documentation required (e.g., the request shall include but is not limited to a copy of Recipient's invoice (include the District's Agreement Number and Purchase Order number), signed certification letter on Recipient's letterhead (signed by an authorized representative of the Recipient), tasks completed per the Agreement (if all tasks finished, a statement indicating that the project is completed per the Agreement) and, vendor invoices/application for payment) for the Project Manager to ascertain that each deliverable in the invoice has been substantially complete. The Recipient shall submit the final reimbursement request and Exhibit "D" on or before August 15, 2012. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Proiects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. 3. If the final location of the well(s) varies from the original location specified in the Consumptive Use or other permit or permit applications, the Recipient shall provide the Project Manager with written proof that the appropriate permitting agency contact is aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact Emily Richardson (561) 682-6824, Emily. Richardsongsfwmd.gov, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project status reports (Exhibit "C") quarterly by December 31, 2012; March 31, 2013; and June 30, 2013. Reports shall provide detail on the progress of the Project; amounts expended to date per task and outline any potential issues affecting Project completion or overall schedule. Exhibit "C" shall be submitted to the District's Project Manager via e-mail within ten (10) business days of the specified due date. In the event actual construction costs are less than the not -to -exceed amount for a particular task stated in Exhibit `B", the Recipient will have the right to apply the unexpended balance toward another task, unless the total current fiscal year construction cost has decreased. The Recipient shall provide prior written notice of its decision to exercise this right. If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the approved funding consistent with the original Agreement No. 4600002741, Page 4 of 12 percentage to the lower construction cost. In no event, shall the District's total obligation exceed the amount specified in Exhibit "B" for this Cooperative Agreement; however, an actual construction cost less than an estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. ARTICLE 5 — CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number and Purchase Order Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring the Recipient to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E-7, Part Il of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for Agreement No. 4600002741, Page 5 of 12 default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers' cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. Agreement No. 4600002741, Page 6 of 12 C. Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third parry arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. The Recipient shall maintain all financial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the District, as completed per fiscal year B. Examination of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. Agreement No. 4600002741, Page 7 of 12 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2013 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 30, 2013. 8.9 Recipient of funds for a reuse project shall provide a status report by August 30, 2013 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and Agreement No. 4600002741, Page 8 of 12 the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with the application water use permit(s). In the event the Project is not operated or completed in accordance with these requirements, the Recipient, if requested by the District, agrees to reimburse the amount of funding the District provided to this project. This amount may be prorated based on the number of years the completed project is operated using an assumed project life of 20 years. Furthermore, the District may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2013. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before August 15, 2012. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statute 768.28, defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. Pursuant to section 768.28, Florida Statues, nothing herein shall require the Recipient to be liable for intentional or reckless acts or for actions committed in bad faith or malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, nothing contained here shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of F.S. 768.28. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor Agreement No. 4600002741, Page 9 of 12 between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11— GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-11 (b) Exhibit "A" Statement of Work (c) Project Information Document (d) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Agreement No. 4600002741, Page 10 of 12 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity/outreach media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Agreement No. 4600002741, Page 11 of 12 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Dorothy A. Bradshaw, Procurement Bureau Chief Date: SFWMD Procurement Approved: By: Date: D Z t Z Recipient's Legal Name: CITY OF DELRAY BEACH By Authorized Official: Printed Name: Title: Date: Agreement No. 4600002741, Page 12 of 12 EXHIBIT "A" STATEMENT OF WORK LEC -121 — Reclaimed Water System Area 12A Phase I City of Delray Beach A. INTRODUCTION/BACKGROUND The City of Delray Beach (City or Recipient) has established alternative water resource goals in conjunction with renewal of the City's Water Treatment Plant SFWMD Water Use Permit. Implementation of a reclaimed water system will reduce the demands on both the surficial aquifer and on the City's potable water system. The City's Reclaimed Water Master Plan completed in November 2003 identifies "Area 12A" as the sixth phase of the City's total reclaimed water system, which will provided up to 0.105 mgd of additional reclaimed water use for this phase. The City plans to implement other phases of the Master Plan on a continual basis over the next five years, and the total program will provide up to 5.712 mgd of reclaimed water available for the entire system. The Reclaimed Water Master Plan is consistent with the City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater treatment plant to reduce the demands on the potable water system B. OBJECTIVES The objective of the project is to implement the sixth phase of the reclaimed water system and to promote up to 0.105 mgd of additional reclaimed water use. C. SCOPE OF WORK This project consists of construction of reclaimed water transmission and distribution system consisting of approximately 2,970 linear feet of 10 -inch piping, 120 linear feet of 6 -inch piping, and 4,000 linear feet of 4 -inch piping and all associated valves, piping appurtenances, roadway repair and general conditions to serve the Area 12A, Phase I reclaimed water service areas. This project will tie into the 10 -inch piping at the intersection of Atlantic Avenue and Bronson Avenue. The 10 -inch trunk line will extend to the west on Atlantic Avenue to Gleason Street, then south on Gleason Street to Casuarina Road. A connection point will be provided for future phases. The nearby side streets will receive smaller reclaimed water distribution piping. These streets include; Salina Avenue, Bronson Avenue, Palm Avenue, Miramar Drive, Ingraham Avenue, Ocean Terrace, Nassau Street, and Bay Street. Page 1 of 3, Exhibit "A" to Agreement No. 4600002741 D. WORK BREAKDOWN STRUCTURE The work breakdown structure associated with this project is described below. Task 1: Recipient shall submit to the project manager an electronic submittal of final project bid amount and/or vendor estimates for tasks to be completed in FYI 3. Due Date: Upon Contract Execution Task 2: Exhibit "C" — Quarterly Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: December 31, 2012 Task 3: Exhibit "C" — Quarterly Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: March 31, 2013 Task 4: Exhibit "C" — Quarterly Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 30, 2013 Task 5: Recipient shall complete general conditions including site mobilization and demobilization and maintenance of traffic / Reimbursement Request Package. Due Date: Upon Task Completion Task 6: Recipient shall construct approximately 3,090 linear feet of 4 -inch and approximately 120 linear feet of 6 -inch PVC C900 reclaimed water main / Reimbursement Request Package. Due Date: Upon Task Completion Task 7: Recipient shall construct approximately 2,765 linear feet of 10 -inch PVC C900 reclaimed water main / Reimbursement Request Package. Due Date: Upon Task Completion Task 8: Recipient shall construct approximately 910 linear feet of 4 -inch HDPE DR11 Directional Drill / Reimbursement Request Package. Due Date: Upon Task Completion Task 9: Recipient shall construct approximately 205 linear feet of 10 -inch HDPE DR11 Directional Drill / Reimbursement Request Package. Due Date: Upon Task Completion Task 10: Recipient shall install reclaimed water metered service connections / Reimbursement Request Package. Due Date: Upon Task Completion Page 2 of 3, Exhibit "A" to Agreement No. 4600002741 Task 11: Recipient shall install valves, fittings and all piping appurtenances and restoration (not including roadway surface) / Reimbursement Request Package. Due Date: Upon Task Completion Task 12: Recipient shall complete roadway surface restoration including crack sealing, rut filling, double course micro -surfacing, mill and resurface MOT roadway, adjust valve boxes, manhole tops, drainage inlets and pavement marking restoration / Reimbursement Request Package. Due Date: Upon Task Completion Task 13: Final Reimbursement Request and Project Summar port (Exhibit "D"): Recipient shall submit to the project manager the final reimbursement request package and Project Summary Report (Exhibit "D"). Due Date: August 30, 2013 Page 3 of 3, Exhibit "A" to Agreement No. 4600002741. EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES LEC -121— Reclaimed Water System Area 12A Phase I City of Delray Beach • The schedule set forth below is October 1, 2012 to September 30, 2013. • All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of the Reimbursement Request Package(s) in accordance with the schedule set forth below. The Recipient shall submit a reimbursement request upon completion of each Task noted below. If applicable, the Recipient shall submit a final reimbursement request for payment and Exhibit "D" on or before August 30, 2013 for reimbursement. All reimbursement requests shall be accompanied by adequate documentation to demonstrate completion of each Task in accordance with Exhibit "A" the Statement of Work (SOW). • Reimbursement Request Packages shall include, but not be limited to, a copy of the Recipient's invoice, signed certification letter for partial payment that the Task(s) is (are) complete per the SOW or that the project is complete per the SOW, copies of vendor invoices, and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit "A the SOW. • The District shall only be obligated to pay for documented actual FY2013 construction4 costs within the not -to -exceed amounts specified below. In the event actual construction costs by the Recipient are less than the not -to -exceed amount for a particular Task, the Recipient shall have the right to apply the unexpended balance toward another Task, unless the total current fiscal year construction cost has decreased. The Recipient shall provide prior written notice of its decision to exercise this right to the District Project Manager. If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the approved funding consistent with the original percentage to the lower construction cost. In no event shall the District's total obligation exceed the amount specified below for the total Agreement; however, an actual construction cost less than the estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. • Total payment by the District for all work completed herein shall not exceed the amount of $170,000.00. If the total consideration for this Agreement is subject to multi-year funding allocations, funding for each applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Page 1 of 3, Exhibit `B" to Agreement No. 4600002741 Page 2 of 3, Exhibit `B" to Agreement No. 4600002741 Electronic submittal of final project bid Upon Task Upon Contract 1 amount and/or vendor estimates for N/A Execution 2 N/A tasks to be completed in FY13 2 Exhibit "C" — Quarterly Status Report3 N/A December 31, 2012 N/A 3 Exhibit "C" — Quarterly Status Report3 N/A March 31, 2013 N/A 4 Exhibit "C" — Quarterly Status Report3 N/A June 30, 2013 N/A General Conditions including site 5 mobilization and demobilization and Upon Task N/A $17,100 maintenance of traffic / Reimbursement Completion Request Package Construct approximately 3,090 linear feet of 4 -inch and approximately 120 Upon Task 6 linear feet of 6 -inch PVC C900 Completion N/A $20,100 reclaimed water main / Reimbursement Request Package Construct approximately 2,765 linear 7 feet of 10 -inch PVC C900 reclaimed Upon Task NIA $23400 water main / Reimbursement Request Completion ' Package Construct approximately 910 linear feet 8 of 4 -inch HDPE DRI 1 Directional Upon Task N/A $10400 Drill / Reimbursement Request Completion ' Package Construct approximately 205 linear feet 9 of 10 -inch HDPE DRI 1 Directional Upon Task N/A $5,800 Drill / Reimbursement Request Completion Page 2 of 3, Exhibit `B" to Agreement No. 4600002741 Install reclaimed water metered service Upon Task 10 connections / Reimbursement Request Completion N/A $14,300 Package Install valves, fittings and all piping 11 appurtenances and restoration (not Upon Task N/A $56,600 including roadway surface) / Completion Reimbursement Request Package Page 2 of 3, Exhibit `B" to Agreement No. 4600002741 ` If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above. Reimbursement Request Packages must be submitted on or before August 30, 2013 for reimbursement. 2 If construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager. 3 Exhibit "C" Quarterly Status Reports are due within ten (10) business days of the due date. 4 Ineligible costs include, but not limited to, permits, as-builts, videos, early completion bonus, bonds and insurance, etc. Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager to request one. Page 3 of 3, Exhibit "B" to Agreement No. 4600002741 Roadway surface restoration including crack sealing, rut filling, double course micro -surfacing, mill and resurface Upon Task 12 FDOT roadway, adjust valve boxes, Completion N/A $22,300 manhole tops, drainage inlets and pavement marking restoration / Reimbursement Request Package a) Final Reimbursement Request August 30, 2013 Package (if applicable) 13 N/A b) Project Summary Report (Exhibit August 30, 2013 Total District Funding $170,000 Current Fiscal Year Construction Cost $894,830 Total Project Construction Cost $15,161,345 ` If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above. Reimbursement Request Packages must be submitted on or before August 30, 2013 for reimbursement. 2 If construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager. 3 Exhibit "C" Quarterly Status Reports are due within ten (10) business days of the due date. 4 Ineligible costs include, but not limited to, permits, as-builts, videos, early completion bonus, bonds and insurance, etc. Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager to request one. Page 3 of 3, Exhibit "B" to Agreement No. 4600002741 Exhibit "C" Alternative Water Supply Program Quarterly Status Report To comply with the AWS Status Report requirements specified in your contract, this form shall be completed and submitted via e-mail to your South Florida Water Management District project manager. Please attach backup documentation (e.g., pictures, drawings, etc.) that will provide an understanding of project construction to date. Status Report - Quarter ❑ 1 ❑ 2 ❑ 3 Date: Name of Person Completing Form Contract Number Entity Name: Project Title: Proposal Number LEC -121 City of Delray Beach Reclaimed Water System Area 12A Phase I 1. Provide a brief description of project status. 2. What is the overall status of your project (check one)? ❑ On Schedule ❑ Behind Schedule? Explain why. Do you expect the project to be completed on time? 3. Actual Project Construction Cost Information Page I of 3 , Exhibit "C" to Agreement No. 4600002741 Date Amount Bid Document Final Contract (with Vendor) Total Expended to Date Change Order(s) Page I of 3 , Exhibit "C" to Agreement No. 4600002741 Exhibit "C" Alternative Water Supply Program Status Report 4. Construction Deliverables Status — provide the following information for each deliverable listed in Exhibit "B" of the contract: Page 2 of 3, Exhibit "C" to Agreement No. 4600002741 Is the Task Estimated Task Exhibit "B" Deliverables Complete? Finish Task Status and Comments No. Y/N Date* Electronic submittal of final project bid Upon 1 amount and/or vendor estimates for contract tasks to be completed in FY13 execution 2 Exhibit "C" — Status Report 12/31/12 3 j Exhibit "C" — Status Report 3/31/13 4 Exhibit "C" — Status Report 6/30/13 General Conditions including site Upon Task 5 mobilization and demobilization and Completion maintenance of traffic Construct approximately 3,090 linear feet of 4 -inch and approximately 120 linear Upon Task 6 feet of 6 -inch PVC C900 reclaimed water Completion main Construct approximately 2,765 linear feet Upon Task 7 of 10 -inch PVC C900 reclaimed water Completion main Construct approximately 910 linear feet Upon Task 8 of 4 -inch HDPE DR11 Directional Drill Completion Construct approximately 205 linear feet Upon Task 9 of 10 -inch HDPE DR11 Directional Drill Completion Install reclaimed water metered service Upon Task 10 connections Completion Install valves, fittings and all piping Upon Task 11 appurtenances and restoration (not Completion including roadway surface) Page 2 of 3, Exhibit "C" to Agreement No. 4600002741 Exhibit "C" Alternative Water Supply Program Status Report 'Note that all tasks have to be completed and invoiced by August 30th Page 3 of 3, Exhibit "C" to Agreement No. 4600002741 Roadway surface restoration including crack sealing, rut filling, double course micro -surfacing, mill and resurface FDOT Upon Task 12 roadway, adjust valve boxes, manhole Completion tops, drainage inlets and pavement marking restoration / Reimbursement 13 Final Reimbursement Request Package & 8/30/13 Exhibit "D" Project Summary Report 'Note that all tasks have to be completed and invoiced by August 30th Page 3 of 3, Exhibit "C" to Agreement No. 4600002741 Exhibit "D" FY2012-2013 Alternative Water Supply Final Project Summary Report LEC -121— Reclaimed Water System Area 12A Phase I Project Title SFWMD Contract/Purchase Order Number Describe Project constructed: Entity Project Manager City of Delray Beach Entity Project Owner Cost for this Phase Type of .Alternative Water Supply Quantity of Water Made Available (MGD) Upon Completion of This Phase Construction Duration Proposed Actual Start Finish Reclaimed 0.11 [a] 5.71 [a] Local funds $724,830 Cost for this Phase Phase; refers. to the current FY work Proposed (this FY) Actual (this FY) Total Construction Cost -This Phase $894,830 $ Fun�hn $xe;akdown for this Phase District funding this phase $170,000 $ Local funds $724,830 $ Other funding source From: $ $ TOTAL $894,830 Attach map and photo(s) of project on CD, if available. The District will make funding payments only to reimburse for work completed between October 1, 2012 and August 30, 2013. To the best of my knowledge, the above information is correct. Chief Financial Officer Project Manager Page 1 of 1, Exhibit "D" to Agreement No. 4600002741 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: October 9, 2012 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 LANDSCAPE MAINTENANCE AGREEMENT/ 605 ANDREWS AVENUE ITEM BEFORE COMMISSION The item before the Commission is for the approval of minor landscaping within the City right-of-way at 605 Andrews Avenue. BACKGROUND The owner of the property would like to install low groundcovers including Evergreen Liriope and Jasmine Minima, along with two (2) Ligustrum trees. The owner has agreed to maintain the plant material in perpetuity and has submitted a signed City of Delray Beach Landscape Maintenance Agreement. The proposed plant material is not substantial and can easily be removed if the need occurs. RECOMMENDATION Staff recommends the City Commission approve the owner's request to install the proposed plants in the City right-of-way by executing the Landscape Maintenance Agreement. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. l.st Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this 22- day of uw d� , 200 a by and between the City of Delray Beach, Florida ("City") and 1�Lcp 1 ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of .,, A yo -ye_ pursuant to the terms of this Agreement; and, (V .) WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of-way of6015 A4 gt�, and, A-U� WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 2 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason e City decides that it needs the right-of-way of �� or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of-way within 20_ days of such notification, if so requested by the City. 8. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way. 9. This Agreement shall constitute the entire Agreement of the parties 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 fu11y and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. It. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. c 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duty executed on their behalf this day of 1200. _ ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney CITY OF DELRAY BEACH, FLORIDA Mayor t� (Print or Type Name) STATE OF a The foregoin instrum t was ac wledged before me this day of 200 by , as 9((n-ameof 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 personally known to me or has produced (type of identificatio as identifica�'on. Signature of Krson Taking cknowledgment ame Typed, Printed or St ped Cl CARTER & ASSOCIATES, Landscape Architect's, Inc, 74 NE. 5m Ave. Delray Beach, Fl. 33483 6.22.12 TRANSMITTAL LETTER To: City Attorney's Office Attn: Brian Shutt, Esq. Re: Flannery Residence 605 Andrews Ave. (Legal Description) No. of Pages: 1 Legal Description: Tel. (561) 272.9621 Fax (561) 266.9918 E-mail: dhclainc@bellsouth.net Lot 3, Ocean Apple Estates, Plat two, According To Map Or Plat Thereof, As Recorded In Plat Book 114, Page 159, Of The Public Records Of Palm Beach County, Fl. PAOi— Tromps Landscape Plan R8'AsIONS B, R.A.d6.18.1 eri Cil Comore A i Q � V W�`ou H e/a�ts v aa� r ca 'Lu zr^Fena V h lV y N Z �VJ�� W V we W no cc � a `L L: Q� N Z _ o CL c am � ¢ a a 4. ' D.H.G. r= is 3.3U.t± L-3 7 rs Cry�PL St!IEp• rcoy Bdorr:el/rerrlmanrmnrf ye 3 U -i2 lyj,dNm.Wp' MpA»Al:ee sRy&r.Pa.. mlU. m!c6n.Peclmen;BBB 13 r:nP a fhpeid fncd nxJiaa F.im/Gm. MJn. rocoaq Pd%n P`KXdpvrmo<�a<m/Yexfr.•xv r4n>d}r &iba;•pwd_f&RaX.aa.088 'o.ly.o�. f I.rge,eid rry>afa veBcnln,.foN9F—rm/nwf•gvnervN•Im r yp 11r -.-1•c nm R w f•Iue+rnped/AcnsWnpb'n iw.ae 'Hlnn..a 9. tab ldfl or• 6nB 3.3•'.oa 1R shn —re, n11-1 K. M�uwnWe re,nl[sYnl11 eo-sfas nwn,. tk,nana noga ] Nrtral bc,9eLmtlko. sfmdoc w0... III. Hae .w n.ne.,rna )Hi..YU. 3 ewB s Ms,dn!menn. .lora CrnoerPp!nk. L,rnvnllAverbuaP,w<op wlf lre0h.red :rrSn.m. 63 C/ rkwrr:Icn.:nFv/GnFm S],:sc-1 !s"fa.JlS cc. ]e 15 Yn I�rvas sn./Cbemh —rm'5. , Irr cnslrl n!nbc.ss. pZ NragyrasM.caba ISS v+ s«fnpgbub oncdpl Qswrd Arcida L Total number of native bees —4ded Mi ]RS log MNcu—.,arvp,prul Stmpim 9dsWr fYEmNe.Nr9reer partl6lom mvnbeYismu 74V.Lr7- ali6.aTe[. f IedwelrL<. S50 NY ]1O0 FAnMY YdYnadk�m Frti• wsR.yaParcstscsionpe,)+cwl"ap., nvn L:•'8x15 2.-- _Bu I W ur. ipsxi,tlrses/�wam!o, mvml sspeme re9rnnv". nnicWMC«mF.rn aaim N'Ssarya; 733 tams RB Pax cerp./pn9on.frylnerff:rNr Npininzcmmbnl. «ni:grlN/wsAcy+i<cgnDb !370.sa10'n<. my:YM'W. sa NId x ,m H.1icder/toayn ra•mw 21 Nx arra. wrsMlMeM:lMcnl lrW vnverorn A'ry Nnrk�m Mmam.CrtrMo s--.Qrsx !3'f',a^.fg nn, Ingo « m Ar ..nr/cl:ddurrervdc/Macolr•e :69a.a Rc'pu plap8rtq sW. See speer, d set k Nufph, —p— L WON. 5x. Empiro 2oy3o Straight Trunk Palms S1TE RESIDENTIAL A Total (d areaDATA, 28,o505q,h B. s, parking, (bnpervloua) 16.a7R5q.h Te4alp (C=A.B) C. Tdlal pervious area (C=M6) 10,5213g.R D.Mee o1Imes ane 9mund coves (R qd d D•Cx.20) 2.1148q, ft 6 Mea efI—.. shL b" 9rou,M—ar p,.Wdad 4,T805q.n. F. NeYSva veg.ir,Wn requlred (F=Dx.25) 5295,.1. G. Wile vepeleEi9n prwiaea a,960sq,8. K Total number of eA,,tino trees 4 Tree. To pem.in I.Ta tat numbar of required pees(1=A�2500sq.fl.) 10 Trees J.7ctal number oftrees provided (JMSal��ny adrbironal bees) 37 r.., K Tola,numberoi native trees required (W% .1 regbbed) 5Tves L Total number of native bees —4ded :Tree. Notes & Details !,N!nlr-_r mPfwfbl!M1M nr fl. f'. or nnXn. nLon'Y lo:eP ods4n atl.0 cnbsl[nHJrM. M'M.�vfnn 9'>✓IIk moinA[Is Nfli am r, roncv-ontl snot be PeWKrn•en ray Iro I.mdrope NCM«'. p NI Flnn' mcbAnr; thnBUv h„e In rnm<3 A+n. nsgrf:. Gmaes d SNnsEnrdPknemaeerls NM1k> Unml wino e. o«eMna• 3 sr.onhlle._hus nrEivcc orvna� [pM,re<nAUe<reler,med by:bapian a,Mm[eaJseMaul>. 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PA nmansms lolx.nllYinYN Ilnbnwrpoce; pin•orMmY:psopaedarscbr commmcinq wrh. NATrtWe4r�ebnryslem tap:MtleIWSMlgoflnncwmap.Mn lWx<nnbrpr xr whM1 n POGvrMlerldaU [mbraP rndryvssmd. SNmaFf F0.••. do h W mp,neoa. sEe'c:YWI � n7IPF3023NYUBR PUCE wpHIN WNIE4sEwRioRJWVincE fPSFuen15 REVISIONS BY Reviled 6.1 a.12 Per COY cornmmts UJ r N LU mCIO ais Q QW >- 'Zn V Q Z N i]J Z ❑V,Jnh p,YS,C- ai.nJx of slw.m 3» In L-4 7 MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, CPA, Finance Director THROUGH: David T. Harden, City Manager DATE: October 2, 2012 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 AMENDMENT NO. 1 TO AGREEMENT/ COMMERCE BANK, N.A. ITEM BEFORE COMMISSION City Commission is requested to approve Amendment No. 1 between the City and Commerce Bank. This amendment increases the percentage used in calculating the monthly revenue share for the City. BACKGROUND In October 2009, the City and Commerce Bank entered into a contract for ControlPay Advanced (CPA), an accounts payable solution that pays vendors electronically through the Visa Network. This is an optional type of payment that vendors can utilize. The City receives monthly revenue sharing based on the dollar volume of electronic payments processed through the Visa Network. In the original contract the percentages were: • $5 million - $9.9 million — 1.15% • $10 million - $15 million — 1.22% Amendment No. 1 revises the percentages to: • $5 million - $9.9 million — 1.53% • $10 million - $14.9 million — 1.60 % • Over $15 million — 1.63% Through August 2012 the City has earned $81,694 in revenue share from this program. FUNDING SOURCE There is no cost for the program. The City's monthly revenue share amount will increase. RECOMMENDATION Recommend approval of Amendment #1 between the City and Commerce Bank increasing the percentages used to calculate the monthly revenue share for the City. Amendment 1 THIS AGREEMENT I ("Amendment I") to the Commercial Card Agreement between Commerce Bank and the Ci of Delray Beach dated November 11 2009 is made and entered into as of the day of 2012, by and between the CITY OF DELRAY BEACH, FLORIDA ('Customer"), and COMMERCE BANK ("Commerce")_ WHEREAS, Customer and Commerce entered into that certain Commerce Bank Commercial Card Agreement dated November 11, 2009 (the "Agreement") and Commerce has requested and Customer has agreed to modify the terms of the Agreement as provided herein. . NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Commerce and Customer agree as follows: 1. Terms used herein, which are defined in the Agreement, shall have the meanings given to them in the Agreement. 2. Addendum A to the Agreement is hereby deleted and replaced .with the Addendum A attached to this Amendment L 3. Except as modified herein or as previously amended and/or modified, all other terms, provisions, conditions and obligations imposed under the terms of the Agreement shall remain in full force and effect and are hereby ratified and certified by Commerce and Customer. IN WITNESS WHEREOF, Commerce and Customer have executed this Amendment 1 as of the date first above written. COMMERCE BANK Citypff),elray Beach, r By: LBy- Title:— yy Title: Mayor AP Agreement Addendum A 03-12 ADDENDUM A Pricing and Payment Schedule C.o a C r U L ✓` _., .S v'.i..3'. i "14gy4`'t-�idf.'LfR}3 $}t i '?. i '�n` X. t •',�-Gi as.v" t'' a.i. 3r' h�� 3�7 'F�ON. �Y -��`s` ;}�- k R [ 2X x4 ^v Y :i�v' 7.r. 4 . _ , ..b. Y g? Pricing Term The pricing outlined herein will expire in 60 days from August 27, 2012 unless an Accounts Payable Agreement is executed. Late Fee for Central Bill For each payment not received by the payment due date shown on the billing statem ent, a late fee will be charged. The late fee for Accounts the respective Commercial Account w611 be 2.51/o of the amount past due. Visa and MasterCard purchases made in currencies other than U.S. Dollars will be, converted to U.S. Dollars under regulations established by Visa International and MasterCard luternational. Visa conversion will be at a rate selected by Visa from the range of rates available in wholesales currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the government -mandated rate in effect for the applicable central processing date. MasterCard conversion rate will be International Service Fee selected by MasterCard, typically either a government -mandated rate or a wholesale rate provided to MasterCard. Conversion to U -S. Dollars may occur on a date other than the date ofthe transaction. Therefore, the conversion rate may be different from the rate in effect at the time of the transaction. Customer agrees to pay the converted amount, plus an international service fee in the amount of 2%of the transaction amount on purchases. For purchases made in U.S_ dollars outside of the United States and its territories, Customer agrees to pay the transaction amountplus a 11% service assessment fee_ IX j '�• NI a U,r s 4 £�h5�N �„C:",�lt i � v ye s.!',''�*�)}i>" A' u3jfW �'1k �^L2 3.,.2.t'z �. ice', Yw� n:'C�}�^3. .::k. :.. 0.. S; �if�t!"G •'r � �.`T.T' £ ry 1!+.�"�rtK ..LF�,d';'.H/.',.. .:, '�v.v'+�1�4S�1�r�.:•�.i Y,� n�MA��{<h�s":: Returned Check Fee $29 per occurrence ACH Return $29 each after first occurrence Phone Payment $15 each after fust occurrence $2 per statement after three occurrences Statement Reprinting Free through certain software products selected by Customer. For information, copies or other reports not specified in this Addendum, Commerce may charge Customer Other such fees as Customer acrd Commerce may agree from time to time. Commerce Bank uses a "train the trainer" model General training occurs with either in-person or WebEx/Phone training with the Program Administrators. The Program Administrators, in tam, train the AceountHolders and system users on the chosen reporting and. maintenance application. Software Initial Training Additional .Program Administrator training can be conducted via W ebEx/Phone at no additional charge. AceountHolder and system user training via Wcb£x/Phone will be charged at $250/hour. In-person training sessions (after initial Program Administrator software training) will be charged at $250/hour plus travel expenses and appropriate travel notice is requested for training. PIP ControlPay Implementation Fee" $5,000 WAIVED Annual Mqintenance Fee** $500 WAIVED Routine maintemmee and upgrades NO CHARGE Initial web -based or phone training for NO CHARGE Administrators— AP File Layouts Standard –No Charge Custom – in those instances where this effort will generate a cost over $3,000, Commerce will obtain a price quote for Customer. Reconciliation Reports Customized Programming Standard—No Charge Custom– Commerce will obtain a price quote for Customer. Other Custom Programming Commerce will obtain a price quote for Customer unless development is mutually agreed upon by Customer and Commeroe. Development hours beyond the initial 20 horns are typically charged at a rate of $150.00 per hour. AP Agreement Addendum A 03-12 Commerce will generate a bitting statement on a periodic basis as outlined below. All amounts owing on the Commercial Aeaourd; including fees and charges, shall be due and payable in full on a grace period as outlined below, after the date of auoh statement. The statement will be transmitted to Customer via U.S. Mail or made available by an alternative means as agreed upon by both parties. ,.�°�wS'�^ 1� ''�! ,,,,•� �, � x�-_ � rj' - �'�' t.c *s .' ,� .h'F¢ ''� 'v '�- , •`�' � r - i�r �-w^�- � . r''As, �,i °'�`' see,. -� � ""'".�', tY• pP'a+kFC7`?�'��,�`� °xG�t3�d:� �e7%'���'.�''^`�'",'�,��. �� ��f�� 'sal y.. � �'� �c.5��n�cm,.arr,„.. '�^.n snSt��._ -s:��'4��` sr '4�. 1) Commerce will pay Customer arevenue share on a monthly basis. 2) Total Monthly Net Volume is defined as gross purchases less credits, cash advance amounts, and fraudulent transaction amounts. 3) Monthly payments are based on the matrix schedule below. Payment tiers are calculated on total monthly net volume. a3�,P ro.1'� �C�,�,!"Ks 8AF�kA"�.�{y 4' .�i 3s-.mJh x�i:��.�.n t.eGvw.. :..er $0 - $416,666 m'�Rv�,y.:e�+ �'L.U�I'n3 'qY ^�,C`8 •^ ,:, kir' arra y+yY "i` r '44?Y�tMn'�-u ...+ .. .ar.: ..n w-0v..+-:'w� e :�w...�rs-. Cr ..k ..�-.... ( v?:.1 +• $0 - $4,999,999 1.46% $416,667 - $833,333 $5,000,000 - $9,999,999 1.53% $833,334 - $1,249,999 $10,000,000 - $I4,999,999 1.60% $1,250,000 + $15,000,000 + 1.63% 1) Volume qualifying at Large Ticket Interchange (LTI) will be paid at 0.50%. 2) Volume qualifying at Visa Large Purchase Advantage (VLPA) will be paid at 0.10%. 3) Commerce reserves the right to withhold, suspend or modify payment for the following reasons: a) If the average transaction fails below $750 (Gross purchase volume / total transaction count) b) If Customer's average Interchange Rate falls below 2.25% c) If Interchange Rates become significantly altered by Visa and / or MasterCard d) If monthly volume contain fraudulent transactions e) If the revenue share payment is less than $10 i) If account become delinquent 4) Commerce may (without written notice) adjust the revenue sharing percentages, as provided below, at the end of each calendar darter following the Agreement Effective Bate a) Adjustments are based on the U. S. Prime Rate, as published in The Wall Street Journal "Money Rates" column on the last business day of the month immediately preceding the fust day of the applicable billing cycle b) Adjustments to revenue share based on Prime Rate fluctuations are not applicable while Prime Rate remains at, or below, the established 4.00% floor c) When the Prime Rate exceeds 4.000%, Commerce will adjust the revenue share percent payable using the grid below. Commerce will use the same grid to determine subsequent revenue share adjustments should the Prime Rate increase or decrease from any newly established Prime Rate level in future quarters d) The Established Prime Rate at the time of this contract is 3,250A - #� d E{ "z"' 0[?v:a� ti a a�`3i•fi. :;��y��.,r `�. -F - 2 z�r-. '�'`�"s5-e a F F�,� Fr....f Vfeel ly 3 Day 0.50% 0,0100/0 AP Agreement Addendum A 03-22 For example, if Prime Rate is 5.001/10 at the end of a calendar quarter and the Customer has a Weekly Billing Cycle and a 3 -Day Grace Period, Commerce will reduce percentages in all revenue share tiers by 2 basis points (U2olo)_ **All line items noted with a"**" are the costs associated Aith establishing the Program as referenced in Paragraph 7 of the A.Gseement IN WITNESS WIEREOF, this Addendum A has been executed by the duly authorized officers of the parties hereto, and this Addendum A supersedes any prior Addendum A. l Commerce Bank City of De .r Beach, Florida (Commerce) (Cusfome ) (�� By: By: Title: VT" Title: Mayor Effective Date: q ` (P , f I AP Agreement Addendum A 03-12 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 8, 2012 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 AMENDMENT NO.2 TO THE AGREEMENT BETWEEN THE CITY AND PLAYERS INTERNATIONAL MANAGEMENT, INC. ITEM BEFORE COMMISSION The attached amendment between the City and Players International Management, Inc. (PIM) provides for a change of the time periods when the events may be held and a clarification on the type of events required and the penalty if they fail to televise or hold an event. BACKGROUND The City entered into an Agreement with PIM on March 6, 2007 whereby PIM agrees to hold 4 USTA junior tennis tournaments at the City's Tennis Center. This Amendment removes the requirement of holding certain events during certain months. It also allows then to substitute other events for the ones listed if the event is of equal or greater status. This Amendment further modifies the penalty for the failure to televise or hold an event and replaces the current Exhibit "A", which describes the events, with a revised Exhibit "A". RECOMMENDATION Commission discretion. AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY AND PLAYERS INTERNATIONAL MANAGEMENT, INC. DATED MARCH 6, 2007 THIS AMENDMENT NO. 2 to the Agreement with PLAYERS INTERNATIONAL MANAGEMENT, INC. is made this day of , 2012, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), and PLAYERS INTERNATIONAL MANAGEMENT, INC., ("PIM") WITNESSETH: WHEREAS, PIM is desirous of using the Site for the purpose of holding a minimum of four USTA and/or ITF junior tennis tournaments (Events) annually. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Paragraph 2, LICENSE: TERM, is hereby amended to clarify that PIM shall be required to hold a minimum of 4 events, sometime during the year, out of the events listed on Exhibit "A", or events of equal or greater status, and that PIM shall notify the City at least 180 days prior to the date of the event. 3. Section 17. ADVERTISING MATTER, Subsection (C), is hereby amended as follows: (c) PIM will secure, at a minimum, regional television coverage for two the App -and -4y Events, either USTA or ITF governed, and PIM shall ensure that such television coverage of the ApFil and july these Events shall specifically mention the CITY as the host in the opening of each and every broadcast. If PIM fails to provide television coverage for the April and/eF july two Events, PIM shall pay $10,000.00 to the 1 CITY per event, which shall be increased by the CPI increase (as described in Paragraph 4(B)) each year, within 30 days of the conclusion of the Event. 4. Section 27. FAILURE TO HOLD ONE OR MORE OF THE EVENTS, is hereby amended as follows: 27. FAILURE TO HOLD ONE OR MORE OF THE EVENTS. If PIM fails to hold one or more of the Events as scheduled, and a makeup date is not scheduled within a time period agreed to by the CITY, the CITY has the right to deduct, from the next year's payment a percentage of the monthly payment as follows: Failure to hold the ApFil a televised Event — 25 37.5% deduction per event Failure to hold the-' ly F= one of the other 2 Events — 50 12.5% deduction per event Failure t9Thold t Fails ire to hold the GGteberEvent7.6•.0/ dedueAmGn �rrrcrr�cr✓�-r „ The deductions shall be applied in equal installments monthly until extinguished. This paragraph is in addition to the rights that the CITY has under Paragraph 25 and this Paragraph does not affect the CITY'S ability to .exercise its rights under Paragraph 25, if it so chooses. Notwithstanding the language provided in the first part of this paragraph, if PIM fails to hold 2 events in any 2 year time period, which is not a result of an action that is covered under Paragraph 9 or a default by the CITY, the CITY may, in its sole discretion, terminate this Agreement and PIM shall be responsible for a return of any payments made to PIM that are still outstanding as of the date of termination (such as the payment of funds due to the CITY for the failure to hold prior events). 5. The current Exhibit "A" is hereby deleted and replaced with the attached revised Exhibit "A". 6. Applicability. All other terms of the original Agreement and amendments thereto remain in full force and effect, except as expressly modified herein. 0) 7. Effective Date. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed this day of ATTEST: City Clerk Approved as to form: City Attorney WITNESSES: (Name printed or typed) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was a , 2012 by or agent, title of officer or agent) of corporation acknowledging), a corporation, on behalf of the corporation. produced ck 2012. CITY OF DELRAY BEACH, FLORIDA Nelson S. McDuffie, Mayor PLAYERS INTERNATIONAL MANAGE- MENT, INC. 0 (Name printed or typed) nowledged before me this day of (name of officer (name of (state or place of incorporation) He/She is personally known to me or has (type of identification) as identification. Signature of Notary Public - State of Florida ii USTA & ITF EVENTS HOSTED BY THE CITY OF llELRAY B.EA.01 Includes Television Recognition and Year -Round Marketing (Local -National -International) Hosting four USTA/TTF tennis tournaments in the City of Delray Beach provides an opportunity to drive economic impact and a national marketing campaign to thousands of tennis players and families across the country while insuring the growth of tennis in the City by developing a youthful fan base that will support the City's ATP tournaments for years to come. The City of Delray Beach and Players International Management, Inc. (PIM) would enter into an agreement in which PIM will cause a minimum of four USTA or ITT sanctioned events to occur. EXAMPLES OF PIM EVENTS: EXHIBIT A t±+ o14t.i iUrn �eut Hwtod bg i w Cft of Da.%:J c wch USTA Boys' 18s & 16s Clay Court National Championships & NCAA Summer Coaches Expo hosted by the City of Delray Beach (July 14 — 21, 2013) is one of most prestigious amateur junior tennis events in the United States, and is one of only two `USTA Grand Slams' for the Boys 18 & 16 divisions. The event awards the Boys' 18 Singles Winner a Qualifying Wildcard into the Delray Beach ITC ($500,000 ATP Men's World Tour Event). Via the USTA, the Boys 18s singles champion receives a singles Main Draw Wildcard into the U.S. Open Junior Championships and a Main Draw Wildcard into a USTA Men's Professional Futures Event; the Boys 16s singles champion receives a Singles Main Draw Wildcard into a USTA Men's Professional Futures Event. The event consists of more than 250 (1,000+ players, parents, siblings, NCAA coaches, USTA coaches, player coaches, etc.) of the `best of the best' ranked amateur tennis players in the United States, competing for the ultimate prize, the "USTA Gold Ball." With over a 50 -year history, this event features the future of American tennis, produces a one-hour television show highlighting the singles championships matches - televised on Comcast Sports SE, hosts approximately 75 NCAA College Coaches at the "College Coaches Expo" (and event match sites), and hosts a pre -event Scholarship Seminar to educate parents and players about the opportunity to receive scholarships. The event has an annual economic impact of more than $800,000 and via the NCAA college coaches, approximately $1,000,000 in scholarship grants are distributed to participants. Past participants of USTA events include Pete Sampras, Andre Agassi, Andy Roddick, James Blake, Serena Williams, Venus Williams, and Lindsay Davenport. *Main Site: Delray Beach Tennis Center, Alternate sites used for match play. a� Vm" �� `.��� `5rl• i rLU,R10A I T F � v The USTA Summer Smash Regional Championships hosted by the City of Delray Beach (Sept 1— 3, 2012) is one of the largest USTA Regional Championship events in the United States; consisting of more than 250 participants from the Southeast U.S. (1,000+ players, parents, siblings, player coaches, USTA coaches, etc.). Over 550 matches take place over a three-day period. The event has an annual economic impact of more than $350,000; past participants of USTA events include Andy Roddick, James Blake, Lindsay Davenport and Jennifer Capriati. Participants receive a special discount to the Delray Beach ITC (ATP Event). *Main Site: Delray Swim & Tennis Club, Alternate sites used for match play. The Halloween Super Series hosted by the City of Delray Beach (Oct. 6 - 8, 2012) is one of the largest USTA - Florida Tennis Association Super Series events in Florida, consisting of more than 100 participants (Boys and Girls statewide and international players training locally) competing in the 10, 12 and 14 and under divisions (500+ players, parents, siblings, player coaches, USTA coaches, etc.). Participants receive a special discount to the Delray Beach ITC (ATP Event). *Main Site: Delray Swim & Tennis Club. The USTA Jr. Team Tennis Super Invitational (March 2 — 3, 2013) is a unique event created by the Delray Beach ITC. Over 100 of Florida's best USTA Jr. Team Tennis teams travel to Delray Beach to compete in this Florida Tennis Association sanctioned event; divisions include 8, 10, 12, 14 and 18 and under Boys and Girls. Participants receive a special discount to the Delray Beach ITC (ATP Event). *Main Site: Delray Beach Tennis Center. The USTA Boys' & Girls' 12s National Spring Championships hosted by the City of Delray Beach (April 7-12, 2013) is the highest -level junior event in the country for the 12 & under age divisions, consisting of more than 250 (1,000+ players, parents, siblings, player coaches, USTA coaches, etc.) of the best amateurs in the United States, competing for the ultimate prize, the "USTA Gold Ball." With over a 50 -year history and featuring the future of American tennis, this event produces a one-hour television show highlighting the singles championships matches - televised on Comcast Sports SE. The event has an annual economic impact of more than $600,000, with past participants of USTA National events including Andy Roddick, James Blake, Lindsay Davenport and Jennifer Capriati. *Main Site: Delray Beach Tennis Center. Alternate sites used for match play. ..................... -................................................................ ,...._.., .............. T: (561) 330-6000 9 30 Northwest 1st Avenue, Delray Beach, FL 33444 • YellowTennisBall.com F,_ORiCA ITF v� The Delray Beach ITF (May 11-18, 2013), an International Tennis Federation Grade 4 event, more than 225 participants (1,000+ players, parents, siblings, player coaches, USTA coaches, etc) from over 30 countries in the Boys and Girls 18 and under divisions. Past participants of ITF events include Roger Federer, Rafael Nadal, Andy Roddick, Maria Sharapova and Serena Williams and Venus Williams. 'ic-hw v ..Reach c rou, debuted t'ar 2o" 1. USTA Open Sanctioned event (November 17 — 20, 2012) consists of more than 125 statewide, national and international competitors. The winner of the event will receive a once-in-a-lifetime opportunity to compete in the qualifying of the Delray Beach ITC ($500,000 ATP World Tour Event). Participants receive a special discount to the Delray Beach ITC (ATP Event). BENEFITS TO THE CITY OF DELRAY BEACH Hosting four United States Tennis Association (USTA) and/or International Tennis Federation (ITF) events creates an annual marketing campaign to millions of tennis players and families, national coaches, USTA coaches, ITF coaches, and tennis enthusiast across the country, while insuring the growth of tennis in the City by developing a youthful fan base that will support the City's ATP tournament for many years to come. • Television o Minimum two (2) USTA and/or ITF events televised o Opening and closing billboards of televised airings o Two (2) 30 -second television commercials during televised airings o Participation in televised awards ceremony o Recognition in audio and graphic mentions during telecast • Stadium Court signage, including name/logo of the City on banners on the north and south backdrops • Prominent placement of City's name on the front cover of all promotional materials • Prominent placement of City's name and/or logo in all print, radio, television and website advertising (including mass E-mails, Player Handbook, flyers, etc.) • Prominent placement of City's name in all Press Releases/Materials • Recognition as Host -Site of a minimum of four USTA and/or ITF events • Recognition as Host -Site sponsor on the Sponsors Board/Banner displayed on-site • Use of on-site booth space for promotional purposes • Participation in press conferences OUTDOOR � E -VERT T' Delray Beach ITF Banner, USTA Nationals Program Cover Perpetual Crustal Award Sponsor Banner uS IA I ?)ONAc CNAMMONSNMS a a�0 . Awards (LISTA & Sportsmanship) & TV Interviews with players PHOTO GALLERY Scholarship Seminar, College Coaches Expo + USTA Nationals Photography Company aDc,,Ha V BEACH m M USTA Jr. Team Tennis Participants CITY Of OELRAY BEAEH �� -.,an ITF event Delray Beach ITF Finalists & USTA Nationals Boys 18s Nationals Finalists s � , SGHt)LARSHIP - FOR Al HLETES v OWI,p or thiole: a©m .r Summer Smash Girls 16 Doubles Finalists, USTA Boys 18s Gold Ball Champion & Halloween Super Series Girls 10s Awards ••.....................•.............•a............................................... ... •4.**...... T: (561) 330-6000.30 Northwest 1st Avenue, Delray Beach, FL 33444•YellowTennisBall.com Shutt, Brian From: Mark Baron <MBaron@YellowTennisBall.com> Sent: Tuesday, September 25, 2012 12:01 PM To: Shutt, Brian Subject: Updates to PIM & Match Point agreements Attachments: 2012 Delray Beach PIM Exhibit A.PDF Hi Brian. Attached is the new "Exhibit X for the PIM, Inc. agreement. Also, below is a note to the mayor and Commission pertaining to the request for the amended PIM, Inc. and Match Point, Inc. agreements. Thank you. Mark Dear Mayor and City Commissioners, Regarding the Match Point, Inc. amendment, we are requesting the change due to recent updates by the ATP Champions Tour that allow for a variety of draws and tournament formats based on the event's player field. Accordingly, Match Point can utilize the options provided by the ATP Champions Tour to host the most attractive and rewarding field for the City of Delray Beach and the event. Regarding the PIM, Inc. agreement, we are requesting a change due to the number and quality of events PIM has been able to bring to the City since the original agreement was entered into. We're now averaging between 6 — 9 events annually compared to the four events in the agreement. With this number of current events, and opportunities always existing to enhance our amateur tournament programming, we are asking for the latitude to choose which events to feature, televise and deliver in a way that best rewards the City of Delray Beach. Mark S. Baron President & Tournament Director Delray Beach International Tennis Championships (ITC) February 22 - 24, 2013 (ATP Champions Tour event) February 25 - March 3, 2013 (ATP World Tour event) (p) 561-330-6000 (f) 561-330-6001 Official Website: www.YellowTennisBall.com Be an ITC Fan on Facebook I Follow Us on Twitter I Check in on Foursquare I Watch Us on YouTube MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 8, 2012 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 AMENDMENT NO.4 TO THE AGREEMENT/ MATCH POINT, INC. ITEM BEFORE COMMISSION Amendment No. 4 to the Agreement between the City and Match Point Inc. to reduce the minimum number of players required for the Champions Tour Event from eight (8) to six (6). BACKGROUND Currently, the agreement with MP provides that MP must have a minimum of 8 players for the Champions Tour event. Mr. Baron has requested that this number be reduced to 6. RECOMMENDATION Commission discretion. AMENDMENT NO.4 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT, INC. THIS AMENDMENT NO. 4 to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this day of , 20_. WITNESSETH: WHEREAS, the CITY and MP entered into an Agreement dated October 12, 2005 (the Agreement); and and WHEREAS, MP provides an "ATP Champions Tour" event at the Tennis Center; WHEREAS, the parties wish to amend the Agreement to allow for a change in the required number of players for the "ATP Champions Tour" event. NOW, THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: 1. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Section 2.01. ORGANIZATION, Subsection (S), is hereby amended as follows: S. The standards of the ATP Champions Tour shall apply to this Agreement regarding the quality of the players and the format of the play. There will be a minimum of 66 players to participate in the ATP Champions Tour event and 6 all of. the a players must meet one of the following criteria: (1) must have been ranked no. 1 in the world, (2) champion or finalist of a grand slam event, (3) must have been a participating member of a Davis Cup team that won the Davis Cup for a particular year; or (4) must have achieved "marquee" status." MP shall provide a list of the proposed players to the CITY at least 2 months prior to the event. 1 3. All terms and conditions contained in the Agreement, dated October 12, 2005, between the parties, and any amendments thereto, will apply to the "ATP Champion Tour" event unless otherwise provided for in this Amendment. 4. The original agreement dated October 12, 2005, Amendment No. 1 dated June 19, 2008, Amendment No. 2 dated June 17, 2009, Amendment No. 3 dated May 10, 2011 and this Amendment No. 4, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. 5. This Amendment No. 4 to the Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 the day and year first above written. ATTEST: By: City Clerk Approved as to legal sufficiency and form: City Attorney WITNESSES: Print Name: Print Name: 0a CITY OF DELRAY BEACH, FLORIDA 0 Nelson S. McDuffie, Mayor MATCH POINT, INC. IN Title: Mark S. Baron STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of as corporation 200_, 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 He/She is personally known to me or has produced (type of identification) as identification. 3 Notary Public — State of Florida Shutt, Brian From: Mark Baron <MBaron@YellowTennisBall.com> Sent: Tuesday, September 25, 2012 12:01 PM To: Shutt, Brian Subject: Updates to PIM & Match Point agreements Attachments: 2012 Delray Beach PIM Exhibit A.PDF Hi Brian. Attached is the new "Exhibit X for the PIM, Inc. agreement. Also, below is a note to the mayor and Commission pertaining to the request for the amended PIM, Inc. and Match Point, Inc. agreements. Thank you. Mark Dear Mayor and City Commissioners, Regarding the Match Point, Inc. amendment, we are requesting the change due to recent updates by the ATP Champions Tour that allow for a variety of draws and tournament formats based on the event's player field. Accordingly, Match Point can utilize the options provided by the ATP Champions Tour to host the most attractive and rewarding field for the City of Delray Beach and the event. Regarding the PIM, Inc. agreement, we are requesting a change due to the number and quality of events PIM has been able to bring to the City since the original agreement was entered into. We're now averaging between 6 — 9 events annually compared to the four events in the agreement. With this number of current events, and opportunities always existing to enhance our amateur tournament programming, we are asking for the latitude to choose which events to feature, televise and deliver in a way that best rewards the City of Delray Beach. Mark S. Baron President & Tournament Director Delray Beach International Tennis Championships (ITC) February 22 - 24, 2013 (ATP Champions Tour event) February 25 - March 3, 2013 (ATP World Tour event) (p) 561-330-6000 (f) 561-330-6001 Official Website: www.YellowTennisBall.com Be an ITC Fan on Facebook I Follow Us on Twitter I Check in on Foursquare I Watch Us on YouTube MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 9, 2012 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for ratification of the Planning and Zoning Board appointment to the Parking Management Advisory Board. BACKGROUND On September 24, 2012, the Planning & Zoning Board appointed Mr. Gerald Franciosa as its regular representative on the Parking Management Advisory Board. The term ends on July 31, 2013. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AIA within the corporate limits of the City. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. RECOMMENDATION Recommend City Commission approve and ratify the appointed member for an unexpired term ending July 31, 2013. City of Delray Beach TO: Mayor McDuffie Commissioner Carney Commissioner Frankel Commissioner Gray Commissioner Jacquet City Clerk's Office MEMORANDUM FROM: Venice Cobb, Executive Assistant/Board Liaison SUBJECT: PARKING MANAGEMENT ADVISORY BOARD RATIFICATION DATE: October 5, 2012 On September 24, 2012, the Planning & Zoning Board appointed Mr. Gerald Franciosa as the regular representative on the Parking Management Advisory Board. The term ends on July 31, 2013. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road A 1 A within the corporate limits of the City. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Recommend City Commission approve and ratify the appointed member for an unexpired term ending July 31, 2013. The ratification is scheduled for the regular City Commission meeting on October 16, 2012. MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director DATE: October 10, 2012 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 AGREEMENTS BETWEEN CAREHERE, LLC., THE TOWN OF HIGHLAND BEACH AND THE CITY: EMPLOYEE HEALTH AND WELLNESS CENTER ITEM BEFORE COMMISSION The item before the Commission is to allow the Town of Highland Beach shared limited medical services with the City of Delray Beach's Wellness Center. The Wellness Center will only provide physicals for the Town of Highland Beach's full-time Police Officers. BACKGROUND The Town of Highland Beach requested that the City of Delray Beach provide limited medical services to their Police Officers. The regulated medical services would include physical examinations by a physician and other optional services. The Town of Highland Beach is aware there will be a change in medical providers beginning in 2013. Providing this service to the Town of Highland Beach will give the City some additional revenue to help offset the cost of the City's Wellness Center. FUNDING SOURCE The City of Delray Beach shall invoice the Town of Highland Beach for medical services rendered for its full-time Police Officers. RECOMMENDATION Staff recommends approval from the City Commission to move forward with providing limited medical services to the Town of Highland Beach's Police Officers. AMENDMENT NO. 1 TO THE EMPLOYER AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND CAREHERE LLC. THIS AMENDMENT NO. 1 to the Employer Agreement of April 12, 2010 between CAREHERE, LLC (the "Medical Services Provider") and the CITY OF DELRAY BEACH, FLORIDA (the "City"), is entered into as of this day of October, 2012. WITNESSETH: WHEREAS, the City and Medical Services Provider mutually covenant and agree to amend and modify the Employer Agreement entered into on April 12, 2010; and WHEREAS, the City opened an on-site health center, located at 525 NE 3rd Ave, Suite 104, Delray Beach (hereinafter referred to as the Delray Center) and provides occupational services, including pre-employment and annual physicals, and other related medical services through the third party administrator, the Medical Services Provider. WHEREAS, the City desires to share limited services of the Medical Services Provider with the City of Highland Beach, Florida ("Highland Beach") by allowing qualified full time police officer personnel from Highland Beach to receive services in accordance with the contractual arrangements between the City and the Medical Services Provider NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained- the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The Medical Services Provider shall provide to Highland Beach police officers medical services including a complete physical examination by a physician and other optional services as listed and described on Appendix "A", attached. 3. The City shall provide to the Medical Services Provider the name, date of birth, and social security number of the Highland Beach police officers who have been approved to receive the services to be rendered by the Medical Services Provider. The above information will be supplied to the CareHere Client Account Manager and the Director of Clinical Operations. 4. The Medical Services Provider shall charge the City a $30.00 surcharge for each complete physical examination by a physician that has been provided to each Highland Beach police officer. This charge will be added to the regular monthly invoice that Medical Services Provider sends to the City. 5. Any modifications to this agreement are not valid or binding unless they are in writing and formally approved by both parties. 6. All other terms and conditions of the Employer Agreement of April 12, 2010 shall remain in full force and effect and are incorporated herein. 7. This Amendment may be terminated by either party with a written ten day notice to the non -canceling party. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: Mayor (SEAL) 2 City Attorney ATTEST: r Vint Name:,Qyi1P,s CAREHERE, LLC. i3y. Print Name: Title: AGREEMENT THIS AGREEMENT is made and entered into this day of October, 2012 by and between the CITY OF DELRAY BEACH, FLORIDA (DELRAY BEACH) and the CITY OF HIGHLAND BEACH, FLORIDA (HIGHLAND BEACH). WHEREAS, DELRAY BEACH desires to share limited services of its Medical Services Provider with HIGHLAND BEACH by allowing qualified full time police officer personnel from the Highland Beach Police Department to receive services in accordance with the contractual arrangements between DELRAY BEACH and its Medical Services Provider. NOW THEREFORE, in consideration of the premises and mutual covenants contained herein the parties hereto agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. Qualified Highland Beach Police Department police officers shall receive medical services as described on Appendix "A", as attached from DELRAY BEACH's Medical Service Provider. 3. HIGHLAND BEACH shall provide to DELRAY BEACH the name, date of birth, social security number, and any other required information of the Highland Beach police officers who have been approved to receive the services to be rendered under this agreement. 4. HIGHLAND BEACH shall pay DELRAY BEACH for the medical services rendered according to the prices listed in Appendix "A". DELRAY BEACH shall issue to HIGHLAND BEACH an invoice after the services are provided. 5. HIGHLAND BEACH is aware that DELRAY BEACH plans to contract with a new Medical Service Provider by the end of 2012. HIGHLAND BEACH agrees to pay any differences in price for the medical services set by the new Medical Service Provider. 6. This agreement may be terminated by either party with or without cause, by providing the other party at least ten (10) days prior written notice. 7. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 8. No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties. 9. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida and venue shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the purposes expressed herein. ATTEST: City Clerk Approved as to form: City Attorney Witnesses: 2 CITY OF DELRAY BEACH, FLORIDA a municipal corporation Nelson S. McDuffie, Mayor City of Highland Beach APPENDIX "A" Employment and Annual Physicals- Police Officers (requires two visits at least) Complete Physical Examination by Physician Lab Services: • Urinalysis (UA with dip stick) • HEMGPD (CBC [Hemogram] with Platelet count & Differential) • CMP/Lipid Panel • PSA (Age 40 and above) • Micro UA (if needed) • AHCA Urine 10 Panel Drug Screening • Vital signs (Height, Weight, Temp, Waist, Blood Pressure and Pulse Oximetry) Snellen Vision Screening Audiometry — Sound Proof Booth Standard ECG Cardiovascular Fitness: *Stress ECG: Annual Physicals Only Age: 39 and below Baseline only (Relax) Age: 40 and above (Relax and on Treadmill) Chest X -Ray (2 view) Baseline and every five years Spirometry Cost = $500 without Stress Test and *$600 with Stress Test Other Obtions: Hepatitis C Screening = $7.00 HIV Baseline (optional test — would be completed after employment) =$9.00 Tobacco Free Testing = $28.00 Tetanus Diptheria Toxoid (Every 10 years) _ $34. PPD (TB Testing) Pre-employment and Annual = $4.50 Hepatitis B Vaccination (3 doses) _ $32.50/dose Hepatitis B Titer (administered after last immunization — every 5 years or as CDC recommended) $18.00 Influenza (Option) _ $10. 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 10, 2012 SUBJECT: AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 SPECIAL EVENT REQUEST/ 5TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to approve a special event permit for the 5th Annual Downtown Delray Beach Craft Festival to be held on December 29 & 30, 2012 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of NE/SE 4th Avenue, two blocks north/south of Atlantic Avenue as well as use of the north end of Hand's parking lot for vendor parking, and to authorize staff support for security and traffic control and to permit an event sign be erected on Atlantic Avenue, just east of I-95, fourteen (14) days prior to the event per City Code. BACKGROUND Attached is the event permit application received from Howard Alan Events, Ltd. for this event, also included are the site plan, event budget, and Economic Calculator. The City is requested to provide police security and traffic control for this event. The event sponsor will provide vendor management and set up, site clean up, barricades, port -o -lets and dumpsters. They will also provide their own event sign. Estimated overtime costs for the event are $3,270, including Fire Inspection Services which will be required. Per event policies and procedures, the event sponsor is responsible for 100% of City costs, plus a 5% administrative fee for an estimated total of $3,433.50. RECOMMENDATION Staff recommends approval of the event permit, the temporary use permit for the street closure, and parking lot use, staff support for police security and traffic control, as well as Fire Inspection services with the sponsor paying all overtime costs plus a 5% administrative fee. August 13, 2012 Robert A. Barcinski City of Delray Beach 100 N.W. 1st Ave CC: Marjorie Ferrer Sgt. Richard Jacobson Donna Beldowicz Re: 5th Annual Downtown Delray Beach Craft Festival on December 29th & 30th, 2012 Dear Mr. Barcinski: We are respectfully requesting The 5th Annual Downtown Delray Beach Craft Festival on December 29th & 30th, 2012. The craft festival is to be set up on NE and SE 4th Avenue, 2 blocks north and south of Atlantic and will keep NE and SE 1st Streets open to traffic. Please let me know what materials you will need from me in order for this to proceed. Thanks. Sincerely, Megan Morton Operations Manager Howard Alan Events 400 Cypress Drive, Suite 1 Tequesta, FL 33469 Office: (561) 746-6615 Fax: (561) 746-6528 http://www.ArtFestival.com City of Delray Beach }ELRAYBEACH Special Event Permit -MAmericaci#y Application ; y REVISED 11.2.10 PLEASE TYPE OR PRINT '1993 2001 Event Name/Title: 5th Annual Downtown Delray Beach Craft Festival Event Date(s): December 29th & 30th, 2012 Times: Saturday and Sunday 10AM-513M Requesting street closure: yes X (If yes, need tirne/date for closure and reopening) no Event Sponsor/Producer: -4)eWfItOWrr Develepment-Aatheritjr. Event Contact/Coordinator: Toward Alan Events/American Craft Endeavors Name: Helayne Stillings Address: 400 Cypress Drive Suite 1 Tequesta, FL 33469 Telephone Number: (561) 746-6615 Cellular Number: (813) 600-7688 E-mail Address: info@artfestival.com Event Description/Purpose: Outdoor craft festival. Annual, cultural, community gathering opportunity. Brief History of Event (If applicable): This is the 5th year this festival has been serving this community. Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's ri(les, games, otlier programs): Professional craft festival consisting of artists and crafters selling, exhibiting, and demonstrating their wares. Page 1 of 5 Page 2of5 Number of Individuals Servet! Previous Year (if applicable): 4000 Describe the targeted population and expected attendance: 4000 local residents are the targeted Describe how the program or project addresses community needs: Providing a free festival with artists ranging in mediums from jewelry to sculptures. Acts as a community, cultural, and civic event. Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations, word of mouth, and flyers. Sponsor Category (please check) City ❑ Non-Profit/Charitable tx Private ❑ Co -Sponsor -- Non-Profit/Private ❑ (If Non-profit attach proof of 501c(3), c(4), c(b), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): Site plan attached: yes X 110 (Site plait required for• entire event site. hrclude locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Rental of Old School Square Park: yes no X (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes X rto (Required for all events) Page 3of5 Previous year Revenue/Expense summary attached: yes X 310 (Required for all events) Arts arid Economic Impact Calculator attached: yes X no Obtained on Iine at www.AmericansFoi-TlieArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes no X (Indicated on budget) Do you have inkind sponsors far the cvent: yes X no (Indicated on budget) Serving or selling alcoholic beverages: yes no X If yes, what entity is obtaining the Alcohol License Kermit? (If yes, copy of license rind alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes X no (Required lwo (2) weeks prior to event naming the City as additional insure(l, also required for vendors) Playing of amplified music: yes no x (Waiver require(l) Will there be entertainment: yes no X (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes x no (traffic control/security) Will supplement with private security: yes no X (If yes; need plan attached) Requesting Emergency Medical assistance: yes no X Requesting barricade assistance: yes no X (If no, how are you handling?) Requesting trash removal/clean up assistance: yes no X (If no, how are you handling?) Requesting trash boxes/containers and liners: yes no X Requesting stage use: yes no X (If yes, check type) Large stage (14' x 361) ❑ Small stage (16' x 21') ❑ Half small stage (8' x 21') n Requesting signage: yes X Type: 4'x4'Event sign X Parking Signs Banner hanging Indicate dates required (�':�e�r�i�acl-�irrire-Nio�J�(.1,�--3ueek.�rio�te.�ext) t�►� Requesting City Portable Generator: yes no_ (If yes, size & power) Food and beverage vendors: yes X If yes, approximate number 2-3 applying for permit (Health Department approval required) yes applying now Other vendors: (Indicate type) r"==/Tj;i0 Tents: Flame retardant canopies yes X If yes, HoW Many 100 What size or size required. (If yes, tent permits and fire inspections may be needed) Page 4of5 no M no 10'x10' .-x-- r44y& Will the event include amusement rides: yes no X (If yes, type and locationand copy of liability insurance required, also requires state license and inspection.) Will the event he gated: (Sho)v on-site reap) Will there be a charge for the event: (If yes, indicate ticket prices) yes no X yes no X Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no X (If yes, contact Fire Marshal for inspections) Will you be providing port -a -lets for the event: yes X no (If yes, locate on-site map. If no, indicate holy you will handle restroom nee(ls) Is reserved parking requested: yes no X (If yes•, indicate locations and paq)ose for use) Page 5 of 5 Event Permit Attachments: X Revenue/Expense Budget XRevenue/Expense Recap Last Years Event X Site Plan X Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non -Profit Status X General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner X Hold Harmless Agreement, notarized. Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major )Event 120 days prior to event • Neighborhood Block Party 30 days prior to event 7/11/12 Event Contractor/Coordinator Date Please print: HowardAtan Please enclose the appropriate non -ref indable application fee payable to the City of Delray Beach, 100 N.W. 1" Avenue, Delray Beach, Florida 33444. Required with permit application. riOr Staff Use Only _. Date Received ` //� _ i ' Application fee received $ i N.E. 2nd Street N.E. 1st Street (open) xxxxxxxxx 0 a �W0 U) xxxxxxxxx .F- -95 East Manic Avenue (open) xxxxxxxxx Beach IFM (D 0< Library S.E. 1st Street - Bypass (D D a� 0 4 �r LI _ Represent booths 4. V1 - not actual amount or scale xxxxxxx S.E. 2nd Street American Craft Endeavors Delrav Lavaltt American Craft Endeavors -6th Annual Downtown Delray Beach News Years Weekend Art & Craft Festival December 29 & 30, 2012 PROPOSED BUDGET FOR December 2012 Income Number of Crafters 110 Crafter Revenue $19,250 Number of Food Vendors 2 Food Vendor Revenue $900.00 Total Revenue $20,150.00 EXPENSES Advertising : Boca Raton News Expense $1,575.00 Palm Beach Post Expense $2,350.18 South Florida Newspaper Expense $690.00 Sun Sentinel Expense $3,200.00 Advertising SubTotal $7,815.18 Services Permit Palm Beach County Health Expense $25.00 Sign ge AA Sign Lines Expense $475.00 Sanitation - Portolets Able Sanitation Expense $572.50 Sanitation - Dum sters Southern Waste Expense $752.69 Sanitation Tents 4 Events Expense $475.00 Barricades Bob's Barricades Expense $350.00 Security Delray Beach Police De artmen Expense $1,1 0.00 Rentals Tents 4 Events Expense $400.00 Graphics for advertising Expense Expense $75.00 Payroll Hela ne Stillin s & Staff Expens $1,750.00 Rental -Property r,�>�-�> Delra :toint Venture•_ Ex ense $3,000.00 Lodgings and meals, travel Expense $400.00 Two Million Dollar liability ins policy Expens $650.00 Administrative Overhead telephone, mailin s,etc Ex ense $1,1 0.00 Service SubTotal $11,125.19 Total Expenses $18,94 .37 Show Profit $1 209.63 American Craft Endeavors Ord Annual Downtown Delray Beach Holiday Time Art & Craft Festival December 26 & 27, 2010 PROPOSED BUDGET FOR December 2010 Income Number of Crafters 120 Crafter Revenue $20125 Number of Food Vendors 2 Food Vendor Revenue $900.00 Total Revenue $21,025.00 EXPENSES Advertising : Boca Raton News Expense $1,575.00 Palm Beach Post Expense $2,350.18 South Florida Newspaper Expense $690.00 Sun Sentinel Expense $3,200.00 Advertising SubTotal $7,815.18 Services Permit Palm Beach County Health Expense $25.00 Signage AA Sign Lines Expense $475.00 Sanitation - Portolets Able Sanitation Expense $572.50 Sanitation - Dum stens Southern Waste Expense $752.69 Sanitation Tents 4 Events Expense $475.00 Barricades Bob's Barricades Expense $350.00 Security Delray_Beach Police De artmen Expense $1,100.00 Rentals Tents 4 Events Expense $400.00 Graphics for advertising Expense Expense $75.00 Payroll Hela ne Stillin s & Staff Expense $1,750.00 Rental -Property er#y llz, Delray -Joint Venture - Expense $3,000.00 Lodgings and meals, travel Expense $400.00 Two Million Dollar liability ins policy Expense $650.00 Administrative Overhead telephone, mailin s,etc Expense $1,100.00 Service Sub-rotal $11,125.19 Total Expenses $18,940.37 Show Profit $2,08 07/12/2912 12:50 561-243-1079 DELRAY BEACH D.D.A. PAGE 04/06 Arts & Economic Prosperity IV: Calculator Page 1 of 2 POPULATION of your community: Your Organization's TOTAL EXPENSES (please do not use commas). TOTAL TOTAL ATTENAANCR to your organization's arts events (again, do nut use commas): TOTAL ECONOMIC LMPACT CJf: Nonprofit Arts and Culture Organizations: Nonprofit Arts and Culture Audiences: Total Industry Impact: (The Sunt of dflarske0ons and Audianms) �Y CALCLtLP.ATE , , Rewt... sa,aaa to �,ae� $ 18940 23840 --- Total FTE Jobs Household Local Government SWIM Government trxaenditures Income Revenue Revenue $18,940 0.7 $15,935 $681 $778 13.4 - '$291,820 $25,334 $27,441 $502,318 14.11 $307,755 $26,995 $26,219 Pfl i Your Results ,. . Please see the fine ON bolovr. Total The total dollars spent by your nonprofit arts and culture organization and its audiences: event - Expenditures: related spending by arts and culture audience$ is osUrnated using the average dollars spent per parson by arts event s0andees in similarly populated communities. FTE dabs: The total number of full -tuna aquivalont (FTE) jobs in your community that are supported by the expenditures, made by your arts and culture organization andfor its audlences. An FTE can be one httrt:llwww,americansfvrthearts•org/irlfon)3fLtionserviccs/researchlservicesJeconomic imp... 7/12/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 11, 2012 SUBJECT: AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF OCTOBER 16.2012 SPECIAL EVENT REQUEST/ TWILIGHT BICYCLE RACE AND FESTIVAL ITEM BEFORE COMMISSION Commission is requested to approve a Special Event Permit request for the Delray Beach Twilight Bicycle Race and Festival proposed to be held on March 22, 2013 from 10:00 a.m. — 10:00 p.m. and March 23, 2013 from 6:00 a.m. - 10:00 p.m., produced by RAC Event Productions. Commission is also requested to grant a temporary use permit per LDR Section 2.4.6(F) for the use and closure of the bike race route per the attached site map from 4:00 p.m. to 10:00 p.m. on Saturday, March 23, 2013 and the use of Old School Sqaure Park and Worthing Park. The event producer is also requesting staff assistance for traffic control and security, EMS assistance, barricade assistance, and event signage for the festival and bike races, amateur races and 50K bike ride. Fire inspection services will be needed as well. BACKGROUND Attached are a special event permit, site plans, budget, economic prosperity calculator, proposed event schedules and additional information received from Chelsea Midlarsky for the event. The event consists of a Festival, which will be held on the grounds of Delray Beach Center for the Arts, as well as men's and women's professional and amateur races, a 50K bike ride and kids events. The race route is per the attached site map. The festival will include a food court, beer garden, health and wellness vendors and entertainment. The event producer will be responsible for overall event management, as well as barricading streets for the races with City staff assistance. Estimated City costs for this event, which includes amateur races and 50K ride, are as follows: $13,895 for overtime, $250 for event signage, $2,000 for the Old School Square Park rental and a 5% administrative fee for a total of $16,840. Per Event Policies and Procedures, the event producer is responsible for payment of 100% of all of these costs. Ms. Midlarsky will be present to answer any questions you may have. RECOMMENDATION Staff recommends approval of the special event permit, temporary use permit and City staff assistance including signage with the following conditions: 1. Receipt of a non-refundable deposit in the amount of $2,000 by February 15, 2013. 2. Receipt of a Certificate of Event Liability and Alcohol Liability Insurance by March 1, 2013. 3. Receipt of a signed and notarized Hold Harmless Agreement by March 1, 2013. 4. Copies of signed rental agreements with Delray Beach Center for the Arts and the City for use of Old School Square Park and Worthing Park by February 15, 2013. 5. Copy of Temporary Liquor License by March 11, 2013. DG,�dlimmy [B®r,,acdhi Twl"Ifiqht Focr-�,qt�"vad K/Ilairclhi 2-2-23., 2013 DELRAY BEACH City of Delray Beach I Special Event Permit att.amedcaft Application I REVISED 11.2.11 0 PLEASE TYPE OR PRINT 1993 2001 Event Name/Title: L e)(aa apach ivy I i of r esti v cel Event Date(s): WY (' h 1Z-ZZ0I �;_ Times: _I 0 Wom -_Aa �M Requesting street closure: . yes no. (If yes, need time/date for closure and reopening) Y C-0,& -1J A. r t, ., At M r .r) r Ll.. i,v \.nev-% — J/\ Evextt Sponsor/Producer: i2kC f h)rl UC liy n S Event Contact/Coordinator: ckdQ f a WA 6 ku Name: OP l y -a 1ilital-ip-1 Telephone Number: S(oi-Zgi-`T o9Celluld Number: E-mail Address: '(�, � t a hf. e ori I Event Description/Purpose: Brief History of Event (If applicable): -K Sd1L Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): NOW, n"TA Page 1 of 5 Page 2 of 5 Number of Individuals Served Previous Year (if applicable):1 at �) Cy r < - `MO <SrelCt-a� Describe the targeted population and expected attendance: 129,m Dt� Ck Describe how the program or project addresses community needs: Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): A Sponsor Category (please check) City o Non-Profit/Charitable a Private Co -Sponsor -- Non-Profit/Private o (If Non-profit attach proof of 501c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): Site plan attached: yes 1/ no (Site plait requh-ed for claire event site. Include locations of tents, stage, portalets, dunipsters, portable lighting, and barricade loca 'on if applicable.) Rental of Old School Square: yes no (If yes, attach proof of approval) Rental of Old School Square Park: yes no (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes aro (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes no (Required for all events) UANNvdaIMpcc1a1 Event RegnesASpecial Event Permit Application REVISED HNAL. FYI 0-t 1(3).doc Page 3 of 5 Previous year Revenue/Expense sumtnary attached: yes 110_ (Required for all events) Arts and Economic Impact Calculator attached: yes no Obtained on line at Nv�vw.AmericansForl'1teArts.o►•g (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes_ no (Indicated on budget) Do you have inkind sponsors for the event: yes no (Indicated on budget) Serving or selling alcoholic beverages: yes no If yes, what entity is obtaining the Alcohol License permit? (If yes, copy of license and alcohol liability insrn•mrce required t)vo (2) )Peeks prior to event) Event certificate of insurance attached: yes no (Required two (2) )Peeks prion• to event naming the City as ad(litional insured, also i'equh,ed fol• venllol•S) Playing of amplified music: yes no ffaiver require(l Will there be entertainment: yes no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be fa) ly oriented and contain no obscenities: yes no Requesting Police assistance: yes no (traffic control/security) Will supplement with private security: Yes ►ro (Ifyes, needpim) attached) - Requesting Emergency Medical assistance: yes no Requesting barricade assistance: yes no (If no, how are you handling?) Requesting trash removal/clean tip assistance: yes no 21/ (If no how are you handling?) '60"% L. -A a—. Z&04 Requesting tra h boxes/containers a d liners: yes no�� Hove 0" b&,rot Requesting stage use: Q yes no (If yes, check tpj)e)v+i Lar go stage (14' x 36') Sn)all stage (16' x 21') ❑ Half small stage (8'x 21') ❑ LJ:h�wdata\Special Event Requcst\Specini Event Permit Application REVISED FINAL FY10-11(3).doe Page 4 of 5 Requesting signage: / yes Type: 4'x4'Event sign Parking Signs Banner hanging, Indicate dates required (l giver required if more than trvo (2) lveek prior to event) no Requesting City Portable Generator: yes (If yes, size & power) / Food and beverage vendors: + yes If yes, approximate number 1 (Health Department approval required) yes Other vendors: (indicate type) tU Q 01- OL 110 I10 u�S 'rents: r yes k—/ I10 If yes, How many O'hat size or size required ( y X i (f yes, tent hermits and fire inspections may be needed) Will the event include amusement rides: yes no___________ (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: yes 110 --\Z (Show on-site map) Will there be a charge for the event: yes no (If yes, indicate ticket prices) $ W111 there be fireworks or other pyrotechnics: yes 110 (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes �no (If yes, contact Tire Marshal for inspections) Will you be providing port -a -lets for the event: yes 110 ✓ (If yes, locate onsite map. If no, indicate how yonwill h lndle, restroom needs) Is reserved parking requested: yes no (lf yes, indicate locations anal pm7)ose for, use) U:\%vwdata\Spcciat Event RequestlSpeciai Event Permit Application REVISED FINAL FY10-11(3).doc Page 5 of 5 Event Permit Attac lents: Revenue/Expense Budget Revenue/Expense Recap Last Years Event Site Plan Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages roof of Non -Profit Status eneral Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement, notarized. Submittal Date Requirements: e Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event e Neighborhood Block Party 30 days prior to event U 2ol 2 - Event Contractor/Coordinator Dat Please print: CA1, A S:(:e' A J � Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. Required Avith permit application. For Staff Use Only Date Received d -S " Application fee received U.hv%vdnlalSpecial Event RequcstfSpecial Event Permit Application REVISED FINAL FYI 0-1 1(3).doe Proposed Schedule ol --vents, • Registration - Starting at 8:00 a.m. • Amateur Races (@ Congress Park Business Center- 420 S. Congress Ave.) - 1st race at 9:00 a.m. - Races over by 3:00 p.m. 11111111 ..11111111 1111111111111 F • Palm Beach School Helmet Safety Visits - Schools TBD .(Friday) h 22. 2013- All Stationary Races - No streets closed. • Registration - Starting at 8:00 a.m. - In Old School Square Concession area • Computrainer TT Qualifiers: (Series of Stationary Time Trail Races conducted on a stage for spectators to watch. This will give racers their positions for the start of the main race) - In Pavilion of Old School Square - Races are from 10:00 a.m.-6:00 p.m. - Amateur Men Finals @ 7:00 p.m. - Amateur Women Finals @ 7:30 p.m. - Pro Finals @ 8:30 p.m. • Beer Garden -From 4:00 p.m. - 9:30 p.m. -Enclosed area in Old School Square Pavilion • Vendor Village - Health and Wellness Vendors - From 4:00 p.m. - 9:00 p.m. - Area around Old School Square Pavilion Registration/ Packet Pick-up - Starts @ 6:00 a.m. - In Old School Square Concession area • Gran Fondo- 50 Mile bike ride to Palm Beach - Starts @ 7:30 a.m. - Old School Square to Gumbo Limbo to Palm Beach Inlet and back. - Using FHP for a rolling enclosure - Finish line on Swinton Ave between George Bush and NE 1st Street. • Kid Races and Zone - Kid Registration- @ 11:00 a.m in Old School Square Concession area - Races from 12:15 p.m. - 1:00 p.m. - Sidewalk on Old School Square Field - Bounce Houses and Rock Wall - From 12:00 p.m. - 4:00 p.m. - Old School Square Field • Vendor Village- Health Expo - From 10:00 a.m - 4:00 p.m. - In front of Old School Square Pavilion • 1 st BMX Show - Starts @ 12:00 p.m. - Old School Square Field • MiniDrome- Mini portable bicycle track - Registration- 11:00 a.m. - From 12:00 p.m- 3:00 p.m. in the middle of OSS Field - Finals from 4:00 p.m- 5:00 p.m • 2nd BMX Show - Starts @ 3:00 p.m. - Old School Square Field • VIP Area -Opens @ 5:00 p.m. - Fenced off area on SE 1st Ave. (Across from Start/Finish line) • Amateur Finals -Starts @ 5:00 p.m. - 6:00 p.m. - On Pro Course • Kids Parade Lap - Starts @ 6:15 p.m - On Atlantic Ave from Turn 4- Turn 1 • Waiter Race - Starts @ 6:20 p.m • 3rd BMX Show - Starts @ 6:35 p.m - On Atlantic Ave. • Women Pro Race- Starts @ 7:00 p.m. • 4th BMX Show - Starts @ 8:00 p.m. - On Atlantic Ave • Mens Twilight Pro Race Main Event - Starts @ 8:30 p.m. - Ends @ 10:00 p.m. INTrore i.(- � ''' 4 1 l r ! 1 : 1 • Registration - Starting at 8:00 a.m. - Amateur Races (On Clematis Street in West Palm.) - 1 st race at 9:00 a.m. - Women Pro Race- 12:00 p.m - Men Pro Race- 1:00 p.m. - Races over by 5:00 p.m. • Vendor Village - Health and Wellness Vendors - From 9:00 a.m. - 5:00 p.m. 11��I:I_\i6Yel 7e��17iI�I7�Y� Riders leave the start at the inaugural Gran Fondo Colnago Philadelphia 2010. "GranFondo" means "Big Ride" in Italian Gran Fondos are long distance, mass -participation cycling events - not races - that are immensely popular in Italy. Participation is open to recreational and competitive amateur cyclists, and tens of thousands of riders of all abilities participate. Gran Fondos are often named after famous cyclists of the past, or after companies with a long heritage in cycling. Some of the most famous Gran Fondos include the Prosecco Cycling Classic, the Nove Colli and the Felice Gimondi. All Abilities Welcome Some cyclists enter for the challenge and satisfaction of making it to the finish line; others want to push themselves and their friends; and some ride to win! Regardless, every GranFondo USA event is an unforgettable cycling experience! America's First GranFondo Series Now this exciting cycling tradition has come to America. With its four events in 2011, GranFondo USA was producing America's first GranFondo series. Every participant in a GranFondo USA event wears a timing chip. This ensures that cyclists complete the entire course, and allows the event to score athletes over the toughest climb and award King & Queen of the Mountains prizes in every age group. dust like in Italy, every GranFondo USA event includes challenging routes, fantastic giveaways, a consumer expo, well --stocked aid stations, mobile tech support and a fun post -race party. I C O C TIE 15T ST RTOTIC RUE i j ' IKFG 5TRTIGi1 � lta��z �► L� FIKIS?{ URTIKG LIKE MD RACE TMCK BMX VEl00ROME 6-�0-74, nsj io,44 FRTH GF FACE j STRGE P.rli'Ii�IIG = --- Tluir TRRCPS CROSSURN �:. IJEKDGRS IF E RTLRnTIC RUE HEADING EAST FROM 1-95 <> TIUO IURY STREET — PATH OF RRCE ® nO EXIT ® OFFICER HEADING WEST FROM AIA (�) OIIE UIRY STREET —® m TRRIn TRRCHS * OLD SCHOOL SQUARE 0 PRRHInG G --Y-(3 n "tondo M 5o— 100 �las Ci)()I d SChool Squawe -t-o A- I ft C20AoA So ut h -t-c) CNmbv U rnb v m b (-D l.i m 10 U -�j TG,t m &QUh �n �f-(mal m 6cctc/h �Zh lit A+l ante Am Deway Beach Po"ce $5,500.00 De'`iay Beach Fire Dept $2 600.00 $2semw Delray Beach Pub`.o Works sttsoom Delray Beach Parks Fee $2,500.00 f DNray Beach Barricades $150.00 al West Patm Beach- Sunday $5,000.00 parking Fee/ ToWng Fee Management 600000 OW School Square Grounds (2 days) M so. pad Wp_ $1.750.00 Total $21750.00 $0.00 $28680.00 $0.00 M CameraMdeo (2 days) rperv;sor (Gene) lion, Insurance, USA Oyo4tig Trucks/ Set up Stage (4 days) Fin.sh Una kva(d Pod Tents. Tra' Equ'Oment Travel USA Crits I Anga Total Ught;nq Announcer Jumbo Tron/ Cameral Video Grid Qua;0ers BMX Pa)d Labor Staff/ Trash Pick Up Tables and Chars w/Food.Permis EwWD(ink Vendors ftehlonev Total Fiat', We•"s Snnage Total t< amts Fees FPS Fees Insurance NCC Camden _Numbers_ -- -- - Total Soclal Media — Florida Cycling Magazine Rad'o Total Meda Budget Banners (200) Ctt4atteraf 1}Hes Hp az➢ FTOtal Medals Cowbe, s Bounce House/ face pa'nGng/ Hole! Lodg'ng Grand Fondo Ro41V Enclosure PortaJohns Food/DrirLVSuWes 0 Rest Stop- Transportatbn Included First Ad Insurance USA Cycrng Bb Numbers Volunteer/ Staff Sh'ds Event Shits Other Total MOM 00 $1,500.00 $1,150.00 $8,270.00 $1,150.00 2731 Ste SwaparlSuY,y Pra3.Uon 0 O.VIC � lfYa<t.y O Srx. RAGVP swonoo $37,5 W oo Food/Drin< Vendors $2semw sttsoom r $0 $. L f Nkr, Nr0 Bus'ness Cards Food/Drin< Vendors SODDI VMsl Bands/ ID Tents 00 B'eechers al $eGurity Management 600000 M so. pad Wp_ $1.750.00 Total $28680.00 $0.00 Estma!ed AMW $10,42000 $4231.26 0-.e 2107 kr uS-2007.— e 15 Pro Men/ Women Events @ Touring Ride @ 4 50 4 Amateur @ 3. 50 Grid Qualifiers @ 20.00 $7,000.00 $38.395.00 $13,200.00 $1,000.00 $59.595.00 $0.00 -- " $300,000.00 Title @ Presenting @ Gold Level @ Silver Level @ Bronze Level @ Supporting @ Pace Car @ Kid Area @ Official Drink @ TV Sponsor @ Grand Fondo Sponsor @ Grid Qualifier Sponsor @ Beer Garden Sponsor @ Amateur Race Sponsor @ Vendor Sponsor @ $50,000.00 $50,000.00 4225,000.00 $25,000.00 $9,000.00 $15.000.00 $2.550.00 - - 4150,000.00 $5,000.00 $1,200.00 $10,000.00 $10.000.00 575,000.00 $2,500.00 $10.000.00 40 $10,000.00 • Registratin $46,650.00 gale of Merchandise $5,000.00 $5,000.00 $5,000.00 $5,000.00 $204.350.00 $12.550.00 $25,000,00 $4,500.00 000.00 $1,500.00 $600-00 $10,000.00 $2,500.00 $10.000.00 $10,000.00 $42,500.00 $5.000.00 $5..000001 $5,000.00 $5,000.00 &wrs Estimaed 5 Expo Plus @ Estimated $2,000.00 Expo @1 $200.00 $6.000.00 $8.000.00 $0.00 Estimated Antiml 1 VIP Ticket @ 50 00 $500.00 1 VIP Tickets @ $75001 $750.00 Table/Tent@ 1 $750.00 Event T-shirts 01 $10,001 $500.00 $2.500.00 $0.00 _ - -- - -$274,445.00 +_ IN Estimated E Actual $12,550.00 Eslima tual Profit vs. Loss Total Income $274,445.001 $12.550.00 Total expenses $169,420.00 $4,231.25 5300,000.00 � Total income Total profit (or loss) 5225,000.00 5150,000.001 Total expenses $105,025.00 $8,318.75 S7S,000.00 50.._ Estimated Actual [March "8 10th 2,1121 Delray Beach Twilight Event Budget for Delray Beach Twilight: EX _ Delray Beach City Fee Delray Beach City Deposit S2,000,001 S2,QQ0M Delray Beach City Park Fee $1,900,001 S1,900.0 Oki School Square Deposit $2,500,001 Old School Square Grounds (2 days) Total $28,076.00 $26,077.11 Timing/ Scoring Camera/Video Registration Computers Loading Trucks !Barricades (2000 ft) Finish Line Overhead/ Lights Award Podium/ Back Drop Staff Mics. Flights/Lodging Total USA Crits Fee Bonnie S onsorshi Sales Total Officials 0 S2.150. Insurance000 00 7 FRCA Fee 260 50 $260.50 Race Numbers I S292 00 9292.00 Total $6,762.50 $4,488.50 DDA Advertising Radio $396. .0 Signage Banners (2001 86 Collateral 00 Sponsor B Friedman CLq(Lve A20 000 00 Roope 000 00 Total $23,969.99 Kids Ribbons/ Pales/ Tattoos $396. .0 Hotel/ Lodging 494. 77 Amateur Race S4.600,00 Event Shirts $2,548.00 $2,548.00 Jerseys $10,000.00 $10,000.00 Total $22,938.00' $23,008.00 Food/Drink Vendors $622.70 Wrist Bands/ ID_ 1 $305,111 $305.11 Management Checks Qulqkbooks 1 $150,001 $143.85 Feclex/Stalilesmalm $672,851 Total $17,327.96 $17,244.51 I $154,896.63 $152,003.05 49 Site • Swagger/ Staffing 0 Production 0 USAC . Marketing 0 Misc. RAC/ VIP 540,000.03 $30,000.00 $20,000.00 $10.000.00 Site t Maeketing I i EsGmaled F1 Actual .. . :A)7 fcr off,ce2007.c n 14,200 1740 19,890 1300 1700 2240 800 214.65 23000 750 3000 300 3000 2000 Pro Men/ Women Events Touring Ride Amateur : U000 Grid Qualifiers 0 Cash ® Title Presenting 0 Comers 0 VIP TT Qualifier 0 Pace Car 0 Media 0 Hotels 0 Kid Zone 0 Official Hotel @ Amateur Bike Race 0 Classes 0 5k® Official Drink Official Health Food Official Plastic Surgeon Banner Sponsors Bag Sponsor 0 Bag Insert Beer Garden Sponsor Vendor Sponsor 0 Grant $ 1 mile run 0 Bronze booths 0 Silver booths 0 Gold booths 0 $3,750.00 $4,834.00 $5,250.00 $5,445.00 $6.600.00 $8,605.00 $500.00 $300.00 $2,830.00 $2,830.00 $18,930.00 $22.014.00 $0.00 $0.00 $5,000.00 $5,000.00 $0.00 $0.00 $6,000.00 $6,000.00 $2,500.00 $2,250.00 $3,000.00 $3,000.00 $0.00 $0.00 $0.00 $120.00 $0.00 $0.00 $0.00 $0.00 $4,000.00 $4,000.00 $5,000.00 $5,300.00 $0.00 $0.00 $5.000.00 $5.000.00 $4,500.00 $4,500.00 $2,750.00 $2,750.00 $0.00 $3,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $2,000.00 $6.000.00 $3,045.00 $3.000.00 $2.912.70 $48.750.00 $48.877.70 $2,500.00 $1,500.00 $1,500.00 $1,300.00 $3,000.00 $3,000.00 $7,000.00 $5.800.00 • 1�8 VIP Tickets 0 $50.00 $250.00 $250.00 Primes $0.00 $0.00 Program Sponsor Half Page ® $500.00 $0.00 $0.00 Program Sponsor Full Page 0 $750.00 $0.00 $0.00 200 125 Event Gear 0 $60.00 $10.000.00 $7,476,5n 10 5 Event T-shirts ® $10.00 $100.00 $50.00 Refund0 $799.60$0.00$799.60 $10.350.00 S8.576.10 L$85,030.001SM07.80 550,000.00 ss7.S0o.00 425,000.00 S12,S00.00 1. f-0 s0 Reglstrate of Merchandise E Estimated E Arnul i Estimated Actual Total income $85,030.00 $85.267.80 ($69,866.63) ($66,735.25) 5160,000.00 5120,000.00 $80,000.00 $40,000.00 SO L Estimated Actual _ Total income _ Total expenses Marketing d PR Plan November: Facebook Page, Twitter Page, Event Website- Announce date and NRC Status. Announcement on USA Crits website Collect email addresses December: Email Blast (2) Social Media Post (2 post a week) Save the Date Cards and Flyers 2 Page Ad in Florida Cycling Magazine (2) Ad with Cycling New Online (2) January: Email Blast (2) Social Media Post (3 post a week) 2 Page Ad in Florida Cycling Magazine (2) Ad in Florida Travel and Life Magazine (Print and online) DDA Email Blast (2) Calender Brochure (Published on DDA website, Printed and Distributed to 300 Businesses) Event Flyers and Posters February: Email Blast (2) Social Media Post (3-4 post a week) 2 Page Ad in Florida Cycling Magazine (2) Ad in Florida Travel and Life Magazine (Print and online) DDA Email Blast (2) Calender Brochure (Published on DDA website, Printed and Distributed to 300 Businesses) Ad in Delray Beach and Boca Magazine (Print and online) Ad in American Styles Magazine WPTV Channel 5 and Comcast spot (4) Palm Beach Post TGIF Online PBPulse Visit Florida Guide Florida Travel Guide Downtown Delray Beach Guidebook Convention and Visitors Bureau online Downtowndelraybeach.com Radio Advertisement City Signage (4 Posters) March: Email Blast (1) Social Media Post (6-7 posts a week) 2 Page Ad in Florida Cycling Magazine (1) DDA Email Blast (1) Calender Brochure (Published on DDA website, Printed and Distributed to 300 Businesses) WPTV Channel 5 and Comcast spot (2) Palm Beach Post TGIF Online PBPulse Visit Florida Guide Florida Travel Guide Downtown Delray Beach Guidebook Convention and Visitors Bureau online Downtowndelraybeach.com City Signage (4 Posters) Sun Sentinel Ad Live streaming coverage jNorprofit Arts and Cukure Orgaraatiors Norprofdlvtx aid Ctittifo Aud�n�a.: Tout lrrdvstey Impact pp(The $,'n0 0'wp '..[1,.V'S uW 11vCd f!) POPULATION of your eommurdy 50,000 to 99,999 ; i 1'a.a Orgsr23W's TOTAL EXPENSES (PWSo do not use Commas). S 1 �tfUUU 4�70TAL ATTENDANCE �7SOTTAL ATTENDANCr to your orparuntan's aj s evorts (again, donot use cowdr y 10000 � CAIC E lMT Resit ►iis 1js: S178,000 6.6 5149.755 56,210 5203,100 5.6 S122,6111 S10.644 53811100 12.2 $272,369 S16,SS4 S7,31d M S11,530 S18.844 Delray Beach Twilight Festival 2012 2012 EVENT PICS 1� , --man by "" 'ir" v I :4. S7 . ;6, Ob 1-4 d1l A. w lei lmjjm��.� -5 ► rw 't � r v B -f GAP — D snectatc i.. dip Delray Beach 'Twilight Festival Media Kit (623) 252-544311 insidecyclingtv@gmaii.com Ins:dc Mcdia 3 Camera Video Shoot- Live Web Cast through ICTV.corn to 50,000 Viewers. New For 2013 • School Visits on Bike and Helmet Safety • More BMX • On the National Criterium Calender • Sunday Venue in West Palm- City • Minidrome • United Health Car Pro Team to attend • 5K run in the AM • Branded Cowbells •Bike Polo r MEMORANDUM TO: Mayor and City Commissioners FROM: Jasn ii A 11m, P]ner PaulD orlhg, A IC P, D actor o f P Imning and Z onhg THROUGH: C jyM aaaget DATE: October 11, 2012 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of October 1, 2012 through October 12, 2012. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting agenda of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of October 10, 2012 A. Approved (7 to 0), a request to amend the master sign program to add a flat wall sign for Coastal Supply Company, within the Park Ten Industrial Park, located on the south side of SW 10th Street, east of SW 15th Avenue (1055 SW 15th Avenue). B. Postponed (7 to 0), a request to amend the master sign program to modify the letter colors, sign copy size, to allow trademarks and registered logos, to allow one banner on the building of a business for the Old Harbor Plaza, located at the northeast corner of South Federal Highway and Linton Boulevard (1705-1725 South Federal Highway). C. Approved (7 to 0), a request for a blanket sign program for Cafe Luna Rosa, located on the west side of South Ocean Boulevard, south of East Atlantic Avenue (34 South Ocean Boulevard). D. Postponed (7 to 0), a request for a color change for an existing commercial establishment for Dee Dees Conch Rib & Crab Shack, located on the south side of West Atlantic Avenue, west of SW 5th Avenue (540 West Atlantic Avenue). E. Postponed (7 to 0), a request for a color change for an existing commercial establishment for Da Costa, located on the east side of NE 4th Avenue, north of NE 1St Street (151, 153 &155 NE 4th Avenue). F. Approved (6 to 1, Alice Finst dissenting), a Class I site plan modification associated with the installation of awnings for Boheme Bistro, located at the southeast corner of East Atlantic Avenue and Palm Avenue (I 118 East Atlantic Avenue). G. Approved with conditions (7 to 0), a Class III site plan modification associated with the construction of a 207 square foot building addition for Liz Building Renovations, located at the northwest corner of East Atlantic Avenue and NE 5th avenue (445 East Atlantic Avenue). Concurrently the Board recommended approval to the City Commission of the following waivers: i. A waiver to LDR Section 4.4.13(F)(4)(a)(2), which requires a 5 -foot setback along Federal Highway to zero feet. ii. A waiver to LDR Section 4.4.13(F)(1)(a), which requires a minimum building height of 25 feet and 14 feet is proposed. iii. A waiver to LDR Section 4.6.18(13)(14)(iv)(2), which requires a minimum window transparency or glass area of 75% and between 52% and 55% is proposed. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING --- _CITYLIMITS _„_ _„_ n1 APPEALABLE ITEMS -� ONE MILE PLANNING AND ZONING LOCATION MAP GRAPHIC SCALE DEPARTMENT OCTOBER 16, 2012 SPRAB: A. COASTAL SUPPLY COMPANY D. DEE DEES CONCH RIB & CRAB SHACK G. LIZ BUILDING RENOVATIONS B. OLD HARBOR PLAZA E. DA COSTA C. CAFE LUNA ROSA F. BOHEME BISTRO -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\CC—DOC\10-16-12 MEMORANDUM TO: Mayor and City Commissioners FROM: Alberta Gaum, Recreation Superintendent Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: October 8, 2012 SUBJECT: AGENDA ITEM 8.P.1 - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 BID AWARD: MIDNIGHT SUN TOURS, INC. /HORIZON COACH LINES ITEM BEFORE COMMISSION City Commission is requested to approve the bid award to low bidder, Midnight Sun Tours, Inc./Horizon Coach Lines, for bus rental and driver service for the Parks and Recreation Department for Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sport & Dance Competition, Over Night/Weekend Trips, at an estimated annual cost of $53,320.00. BACKGROUND The Parks and Recreation Department has been contracting out bus services for many years for special events, summer camp, after school, youth football, etc. Bids for the Bus Rental and Driver Service were received on September 12, 2012 from two (2) contractors; Midnight Sun Tours, Inc./Horizon Coach Lines $53,320.00 and Bus One, LLC. $55,226.00. Midnight Sun Tours, Inc./Horizon Coach Lines is the current bus rental provider for the Parks and Recreation Department. The service they provide is professional, helpful, and friendly. Staff recommends award to low bidder, Midnight Sun Tours, Inc./Horizon Coach Lines. FUNDING SOURCE Funding from account codes listed: 001-4127-572-55.30 ($7,260) Youth Football 115-4912-572-55.30 ($7,860) Youth Football 115-4920-572-56.01 ($8,000) Summer/Holiday Camps -Community Center 115-4921-572-56.01 ($6,000) Summer/Holiday Camps -Pompey Park 115-4930-572-56.12 ($2,660) Summer/Holiday Camps -Teen Center 001-4105-572-44.90 ($5,560) Special Events/Out of School 001-4119-572-44.90 ($1,165) Special Events/Teen Center 001-4127-572-44.90 ($1,400) Sport & Dance Competition 115-4127-572-56.27 ($2,660) Delray Divas 115-4127-572-56.29 ($2,660) Diamond and Pearls 115-4912-572-55.30 ($5,500) Over Night/Weekend-Rocks 115-4127-572-56.27 ($2,600) Over Night/Weekend-Basketball RECOMMENDATION Parks and Recreation recommends bid award to Midnight Sun Tours, Inc./Horizon Coach Lines. BID OPENING: SEPTEMBER 12, 2012 @ 2:00 PM CITY OF DELRAY BEACH BID No. 2013-04 TABULATION BUS RENTAL DRIVER SERVICES FOR PARKS AND RECREATION .p s nse HORIZON COACH'LINES/ Vendor =_> Estimated Hours BUS ONE, LLC j MIDNIGHT SUN TOURS Item/Description $ per hr. Total $ per hr. Total 1 Youth Football Program 216 $ 68.75 $14,850.00 $ 70.00 $15,120.00 6 Home Games - 1 bus Hours 6 Away Games - 2 buses 12 hrs. per da 2 Summer Day Camp 112 $ 77.00 $8,624.00 $ 70.00 $7,840.00 2 buses a week Hours 8 weeks 7 hrs. Per day 3 Holiday Camp Program 126 $ 77.00 $9,702.00 $ 70.00 $8,820.00 (2 buses a week) Hours Total of 18 buses 7 hrs. per day 4 Special Events 96 $ 75.00 $7,200,00 $ 70.00 $6,720.00 (Total 6 buses) Hours Anticipate 1 trip per month 6 months, 8 hrs. per day 5 Sport & Dance Competition 96 $ 75.00 $7,200.00 $ 70.00 $6,720.00 20 - 49 Seat Bus Hours (Total 8 buses) 8 hours per da 6 Over -Night I Weekend Trips 9 $ 850..00 $7,650.00 (Total 9 buses) Buses Per Bus"Daily+ $ 9 00per Bus p er lay $ 8,100.00 Hotal if Required GRAND TOTAL (Items 1 - 6) __> $55,226.00 Overtime Rate Charge per hour (if applicable) $ 75.00 per hour Error in Grand $ 70,00 per hour $53,320.00 Total. Vendor Alternate bid price for one or more van(s), depending on need $68.00 per hour submitted as NIA with driver for duration of Summer recreation program $47,576.00 ver—Nigh/Weekend ee en vered (8 weeks) 2—day Quoted 2—day weekend week nd See Anna Linley resp Alternate bid price for one (1) mini bus, $68.00 per hour $ 68.00 per hour per attached email depending on need with driver as needed. .p s nse BID OPENING: SEPTEMBER 12, 2012 @ 2:00 PM CITY OF DELRAY BEACH BID No. 2013-04 TABULATION BUS RENTAL DRIVER SERVICES FOR PARKS AND RECREATION HORIZON COACH LINES/ MIDNIGHT SUN TOURS Vendor ==> Estimated Flours BUS ONE, LLC Item/Description $ per hr. Total $ per hr. Tota! Section F. Buses and drivers shall meet the following Conditions: *Item 5 - Written procedures for alternate buses. Alternate buses will be made available The City of Delray may need to add through our current fleet in addition to outside additional drivers for occasions such support agencies as this and can respond usually within one hour. A tire or mechanical failure may occur on occasion. We utilize a standby driver or commercial licenced supervisor or mechanic to immediately respond with a replacement vehicle. After the passengers are secured and on their way, we then attend to our disabled vehicle. Item 6 - List the types of buses to be used for transportaion. 49 - 61 passenger luxury motor coach Please refer to the detailed list of our fleet in the supplemental section. *Item 7 - References Submitted Yes Yes Please see web testimonies *Item 8 - Specific Cancellation Policy. 48 hours notice No charge shall be applied if cancellation is made with a 24 hour or greater notice. If the cancellation is made within less than 24 hours, $150 cancellation fee shall be applied. Gaum, Alberta From: Anna Linley <ALinley@horizoncoachlines.com> Sent: Wednesday, October 03, 2012 10:33 AM To: Gaum, Alberta Subject: Bid #2013-04 Rate Clarification Ms. Gaum, Regarding Bid #2013-04 Schedule of Pricing, #6 Overnight / Weekend Trips - $1800 per bus is equivalent to $900 per bus per day. The original bid quote was based on a two-day, overnight trip. I hope this clarifies the rate. If you have any further questions, please do not hesitate to contact me. Thank you! Anna Linley General Manager Horizon Coach Lines (HCL) 220 South Dixie Highway, Suite 42 Lake Worth, Florida 561.588.4446 ] Office 561.324.3816 1 Mobile 561.582.5862 1 Fax www.horizoncoachlines.com 4 1�i �F Ift i sm "ARTS.HKAR MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: David T. Harden, City Manager DATE: October 10, 2012 SUBJECT: AGENDA ITEM 8.P.2 - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 CONTRACT AWARD/ SPECIAL PRODUCTS GROUP (SPG) ITEM BEFORE COMMISSION This item is before Commission for approval to continue a contract with Special Products Group (SPG) for uniform procurement for Fire -Rescue Department personnel. BACKGROUND In an effort to streamline the efficiency of the uniform purchasing process, the Fire -Rescue Department has arranged to "piggyback" onto the City of Melbourne uniform bid with SPG. Personnel will continue to receive uniforms on an "as needed" basis as opposed to the aggregate ordering that had been done in previous years. Each employee will have an account at SPG with a $450.00 annual limit; this includes all uniform necessities and hardware. It will be incumbent upon employees to order and receive their uniforms themselves. This action will free up administrative staff from the time consuming efforts needed to manage uniform inventory. Additionally, this procurement methodology is projected to have financial benefits, as well. Excessive uniforms will not be ordered and the consolidation of multiple vendors into one vendor will enhance efficiency. SPG will be used for all operational and administrative personnel of the Fire -Rescue Department. This contract is projected to be $68,850.00 per year. (153 x $450.00 each). FUNDING SOURCE Funding is available for 6 personnel in 001-2311-522-52.22 totaling $2,700.00 Funding is available for 22 personnel in 001-2313-522-52.22 totaling $9,900.00 Funding is available for 117 personnel in 001-2315-526-52.22 totaling $52,650.00 Funding is available for 8 personnel in 001-2317-22-52.22 totaling $3,600.00 RECOMMENDATION Staff recommends approval -4, Spec-l'al Products Group 2 October, 2012 Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Sir: Special Products Group (SPG) is pleased to provide the following information for your agency. In accordance with the City of Melbourne Contract No. 08-096-0-2011, the City of Delray Beach is authorized and allowed to "piggy -back" this contract, providing for purchase of items at 30% discount from MSRP (Manufacturer's Suggested Retail Pricing. By separate correspondence we forwarded you the delineation of items that your Department may wish to procure. Additionally, SPG will monitor and track, on an individual basis the spending for each Fire/Rescue individual for your ease of record keeping. Sincerely, Gerard C Scheller Vice President Special Products Group 'Proudly Serving The American Hero" Armor Uniforms v., Gear 2023 Corporate Drive Boynton Beach, Florida 33426 Office (561) 732-0360 Fax (561) 732-0879 www.SpecialProductsGroup.com DELR/0/BEACH FIRE RESCUE APPROVED UNIFORM ITEMS Class "/\"or"8"Uniform Long Sleeve Dress Shirt SS -3203 $28S0 Class "A"or"8"Uniform Long Sleeve Dress Shirt /�|ussize) ` ' �S-S�OB �3�.0O � - i Class "B"Uniform Short Sleeve Dress Shirt SS -3203 S28.00 Class "B" Uniform Short Sleeve Dress Shirt (plus size) S5-3203 $30.S0 | Class "A"or"9"Uniform Dress Pants (�o�es�e[) (polyester) ' F8-�gQD ��O.UD ! - Class "A"or"B'' Uniform Dress Pants fon|yester) F8'8900 | $33.00 Class "A"or"B"Long Sleeve Tie, Black (dip -on) S8-90010 $4.50 Tie Clasp J-86 BL -86 $5.00 Class "A"nr"8" Dress Shoes (high gloss) BW -22141 $45.00 ' Class "C" Uniform Polo Shirt 5I1 -4I060 $38.00 Class "C" Uniform Polo Shirt (size3XL+) 511-41060 $40.00 Class °C"Uniform Mock Turtleneck Long Sleeve ANVc12479 $25.00 ! | Class ''C'Uniform Mock Turtleneck Long Sleeve (size 2XL+\ ANV-12479 S27.50 Class "C' Uniform Long Sleeve Polo 511-42056 $42.00 Class ^[" Uniform Long Sleeve Polo /size ZXL+\ 511'42056 $45.00 / Class "C«Uniform EMT Pant (car8n) SS -3051 / $39.50 � Class "C" Uniform EMT Pant /cargo) (plus size) SS -3032 $44.50 {]aus"8"or"C"Uniform Plain 4Pocket Pant SS -3001 $29.50 (]ass "B" or "C" Uniform Plain 4Pocket Pant (oversize) S3-3001 $3150 Jumpsuit Ptuff-PC04 $117.50 i Multi -Purpose Jacket (rain and cool weather) 511-48053 $204.00 Multi -Purpose Jacket (rain and cool weather) Oversize 5I1-48063 $224.00 Class "�","8" , or "C" Uniform Duty Belt DM -1611 $I5.85 Class "A","B",or"C'Uniform Duty Belt (size 46+) DK; -1611 $I9.00 Class "C"Uniform Belt (NFPAClass |Harness) CMC -Belt $45.00 HeixAirPovverQ7Work Boots Short HA|X-607518 $264.50 Ha|xAirPvwerX|Work Boots Tall HA|X-605111 $188.50 BaUCap /F|ex-F1t\ O[-11413 $12.00 8aUCap (Adjustable) OC -19643 $12.00 Cool Weather Cap <beaniestyle) OC -82480 $12.00 Workout T -Shirt HN -5180 $12.50 Workout T -Shirt (size 2XLA HN -5180 $15.00 Workout Shorts (Cotton) ANV-122 $17.00 Workout Shorts (size 2XL+\ ANV^132 $19.50 Workout Shorts /K8eyh\ QDG-7237 $14.00 Workout Shorts 2XL+ BDG -7237 $17.00 24-7 Pant TS -1061 $35.00 24'7Pant (ovembe) T3'1081 $39.00 Class ASingle Breasted Poly/Wool Dress Coat FB -34891 $225.00 Class ASingle Breasted Poly/Wool Dress Coat Oversize FB -34891 $247.50 _--__----__-Ciass A - Double -Breasted -Pn6y/V&no|Dress 'Coat F8-34892 $220.00---------------- Class APoly/Wool Dress Pant Class APoly/Wool DressPan 'Oversize Bell Crown Dress Hat ' Navy' Firefighter Be|/CrovvnDressHat-White-Chief Bell Crown Dress Hat -VVbite-AnsiotantChief Bell Crown Dress Hat-VVhite- 8att8||ion Chief Bell Crown Dress Hat VVhite-CaptaiD F8-32278 $63.50 FB'32278 $69.85 BA -9807 $48.50 GA'9807 $110.00 BA -9807 $110.00 BA -9807 $122.00 BA'9807 $92.00 CAX of Melb(�urne Purchasing Division 900 E. 8trawbridgQ1Vew;e 0 Mefbourne, IrL 32901 0 (321) 608-7062 0 Fax (321) 608-7070 October 8, 2012 Krys Banker, Manager Special Products Group 11602 Lake Underhill Road Orlando, FL 32825 RE. Amendment to Purchase Contract# 08-106-0-2011 Fire/Code Uniforms Dear Ms- Banker; The City has agreed to the price increase requested in fetter dated September 28, 2012. An Amendment to the Agreement has been prepared for your execution, If you are in agreement to revise this Purchase Agreement, effective October 15, 2012, please sign, date, and return the original Amendment to the Purchasing Division, City of Melbourne. We appreciate your support in providing service to the City of Melbourne, Should you have any questions pertaining to the above, please contact me at (321) 608-7062. Sincerely, avu David N. McCue, C,P.M., A.P,P, Purchasing Manager . . ... ... ... .. . .... An Equal OpportuidLy E mlyloyer www. melbournafivada.org NO E. StrawbOdge Avenue o Melbourne, Florida 32901 o (391) 608-7062 Fax, (321) 608-7070 This Amendment to the Purchase Agreement for Fire/ ode uniforms is' made and entered into as of October 8, 2012 by and. between the CITY OF.MELSOURNE and SPECIAL PRODUCTS GROUP, The parties agree to the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with any of the terms and conditions of the Purchase Agreement, then, notwithstanding any term is. the Agreement, the followii%g terms and conditions govern and control the rights and obligations of the parties. The parties do hereby agree to REVISE the Purchase Agreement under the same terms, conditions, covenants, agreements, and provisions, Stipulations of said agreement. Revision., 1, Price Increase effective as of October 15, 2012 - See Attachment A. All other terms of the Purchase Agreement remain in effet.t. WITNESS THESE SIGNATURES: CITY OF MELBOURNE 900 East 5trawbiidge Avenue Melbourne, RoTida 32901 Special Products Group A I I David N. McCue, C.P,FVI., A,P.P. Date Purchasing Manager MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: David T. Harden, City Manager DATE: October 9, 2012 SUBJECT: AGENDA ITEM 8.P.3 - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 CONTRACT AWARD/ ZOLL MEDICAL CORPORATION ITEM BEFORE COMMISSION That the Delray Beach Fire -Rescue Department (DBFR) renew its one-year extended warranty and semi-annual preventive maintenance contract with Zoll Medical Corporation to provide guarantee repair coverage for its seventeen (17) 12 Lead EKG Monitor/Defibrillators, and seven (7) Auto Pulse units. BACKGROUND 12 Lead EKG Monitor/Defibrillators and Auto Pulse play a prominent role in the level of service provided to the residents and visitors of Delray Beach. This extended warranty is a continuation of the Standard Factory Warranty, and Zoll Medical Corporation is the sole provider of this OEM warranty. The contract dates are from November 1, 2012 to October 31, 2013. This warranty also includes preventive maintenance (2 PM's per unit per year), with a 20% discount on new paddles and cables, and a 50% discount on new batteries, with the use and shipping of a service loaner at no cost during repairs, and no charge for shipping of the unit being repaired. FUNDING SOURCE 001-2315-526-46.20 $23,598.75 001-2313-522-46.20 $3,746.50 RECOMMENDATION Staff recommends approval ZOLL Ad Won. Today.' September 7, 2012 Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Steve, ZOLL Medical Corporation Worldwide Headquarters 269 Mill Road Chelmsford, Massachusetts 01824-4105 U.S.A. 978 421-9655 978 421-0025 Main Fax ZOLL Medical Corporation sells and services our defibrillator products using our Depot Repair Center at ZOLL Corporate in Chelmsford, Massachusetts. The ZOLL Depot Team is a group of highly skilled, trained professionals that have extensive experience in electronics, product application and process quality control. The intense quality and environmental testing performed by this team at the factory can not be duplicated in any field environment. There are no other ZOLL authorized companies providing repairs for the ZOLL M Series, E Series and R Series defibrillators that ZOLL has sold in North America. We do use outside authorized agencies to provide on-site Preventative Maintenance checks on our products. In addition, we do have authorized International ZOLL Distributors who provide service within their countries. If you should have any questions, please do not hesitate to call me at 1-800-242-9150, Ext. 9587 Sincerely, Ken Massone, Service Contracts Administrator ZOLL. EXTENDED WARRANTY CONTRACT CUST#: 101718 NAME: Delray Beach Fire Department Bill To: 100 North West 1st Avenue FAX #: Delray Beach, FL 33444 Ship To: 501 West Atlantic Avenue ZOLL Medical Corporation 269 Mill Road Chelmsford, Massachusetts 01824-4105 www.zoil.com (978)421-9655 (800) 348-9011 (978) 421-0022 Fax DATE: 09/07/12 -Budgetary Quotation ATTN: Steve Anderson TEL#: 561-243-7440 FAX #: 561-243-7135 EMAIL. AndersonS@mydeiraybeach.com Delray Beach, FL 33444 DISCOUNTED EXTENDED PART NUMBER DESCRIPTION QTY PRICE PRICE 8889-0001 ONE (1) Year Extended Warranty 17 $1,145.00 $973.25 $16,545.25 ZOLL Defibrillator. 8889-1992 Preventive Maintenance (PM)*** 2 PM's per unit per year. 17 $450.00 $450.00 Serial Numbers: T02C31307, T02C31557 702339235, T02339240 T02T39242,T03B43326,T03843337,T03843338,T03B43339, 703843348,T03C44008,A807A003380,A607D004026,A8071005547, A8071005555, AB07I005573 & A81OA013318 CONTRACT DATES: November 1, 2012 to October 31, 2013 TOTAL ONE (1) YEAR EXTENDED WARRANTY INCLUDES: * 15% Multi Unit Discount. * 2C% Discount on New Cables and Paddles. * 25% Discount on Lithium SurePower Batteries, * 50% Discount on Sealed Lead Acid Batteries. * The use and shipping of a Service Loaner at no cost during repairs. * No charge for shipping of unit being repaired. PREVENTIVE MAINTENANCE: ** Preventive maintenance pricing is based on the purchase of the extended warranty contract. * It is the customer's responsibility to ensure covered equipment is available for service at scheduled times within the term of the contract. NOTES- * Extended Warranty is a continuation of the EMS One Year Product Limited Warranty * List prices quoted are firm for 60 days. * Terms are Net 30 Days. * Customer is responsible for all applicable taxes. CANCELLATION POLICY: The request to cancel an Extended Warranty must be sent in writing to the Service Contracts Department. The Extended Warranty Contract will be terminated 60 Days after receipt of request to cancel. ZOLL will credit balance of contract to customer's account. Authorized signature / Date ( Please Print Name ) KEf Massone Service Contracts Administrator $7,650.00 $ 24,195.25 ZOLL. EXTENDED WARRANTY CONTRACT P.O. # CUST#: 101718 NAME: Delray Beach Fire Department Bill To: 100 North West 1st Avenue ZOLL Medical Corporation 269 Mill Road Chelmsford, Massachusetts 01824-4105 www.zoll.com (978) 421-9655 (800) 348-9011 (978) 421-0022 Fax DATE: 09/07/12 -Budgetary Quotation ATTN: Steve Anderson TEL#, 561-243-7440 Serial Numbers: 10833.31297 31298, 31421, 31439, 31447 and 31450 Contract Dates: TOTAL $3,150.00 June 1, 2013 to October 31, 2013 EXTENDED WARRANTY INCLUDES: * 10% Multi Unit Discount. * 20% New Software Feature Discount. * 50% Discount off the list price for AutoPulse Batteries. * 5% Discount off the list price for AutoPulse LifeBands. * Extended Warranty is a continuation of the standard factory warranty for the AutoPulse Resuscitation Platform. * Service loaner shipped overnight at no charge when the equipment is returned for repair. * No charge for shipping of customer's equipment being repaired to and from ZOLL's Repair Depot. * Extended Warranty is a continuation of the AutoPulse One Year Limited Product Warranty NOTES: * List prices quoted are firm for 60 days. * Terms are Net 30 Days. * Customer is responsible for all applicable taxes. CANCELLATION POLICY: The request to cancel an Extended Warranty must be sent in writing to the Service Contracts Department. The Extended Warranty Contract will be terminated 60 Days after receipt of request to cancel. ZOLL will credit balance of contract to customer's account. Authorized signature / Date Ken Massone ( Please Print Name) Service Contracts Administrator Delray Beach, FL 33444 FAX #: 561-243-7135 Ship To: 501 West Atlantic Avenue EMAIL: AndersonS@myde€raybeach.com Delray Beach, FL 33444 PART LIST DISCOUNTED EXTENDED NUMBER DESCRIPTION 4N PRICE PRICE PRICE 8889-9999 AutoPulse FIVE (5) Month Prorated Extended Warranty 7 $500.00 $450.00 $3,150.00 Serial Numbers: 10833.31297 31298, 31421, 31439, 31447 and 31450 Contract Dates: TOTAL $3,150.00 June 1, 2013 to October 31, 2013 EXTENDED WARRANTY INCLUDES: * 10% Multi Unit Discount. * 20% New Software Feature Discount. * 50% Discount off the list price for AutoPulse Batteries. * 5% Discount off the list price for AutoPulse LifeBands. * Extended Warranty is a continuation of the standard factory warranty for the AutoPulse Resuscitation Platform. * Service loaner shipped overnight at no charge when the equipment is returned for repair. * No charge for shipping of customer's equipment being repaired to and from ZOLL's Repair Depot. * Extended Warranty is a continuation of the AutoPulse One Year Limited Product Warranty NOTES: * List prices quoted are firm for 60 days. * Terms are Net 30 Days. * Customer is responsible for all applicable taxes. CANCELLATION POLICY: The request to cancel an Extended Warranty must be sent in writing to the Service Contracts Department. The Extended Warranty Contract will be terminated 60 Days after receipt of request to cancel. ZOLL will credit balance of contract to customer's account. Authorized signature / Date Ken Massone ( Please Print Name) Service Contracts Administrator MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: October 4, 2012 SUBJECT: AGENDA ITEM 8.P.4 - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 PURCHASE AWARD; THE DUMONT COMPANY, INC. ITEM BEFORE COMMISSION Request City Commission to approve a blanket purchase order in the amount of $49,000 to The Dumont Company, Inc. The award is for Fiscal Year 2012/2013 for the purchase and delivery of Sodium Hypochlorite on an "as needed" basis to remote booster station locations. BACKGROUND Sodium hypochlorite is used as a disinfectant/antimicrobial agent at remote stations. These remote locations at Gulfstream, Owens Baker, and other booster station sites are limited to small quantities between 500 gallons and 1,000 gallons and cannot accommodate large tanker size trucks of 12,000 gallons due to truck accessibility requirements. Minimum delivery for this product is limited to 1,000 gallon for most vendors, which is considered a small order (or mini -bulk) for delivery. Two vendors can accommodate deliveries in smaller size quantities, between 500 and 1,000 gallons; Beach -O -Rama at $1.30 per gallon (quote via email dated October 1, 2012) and Dumont at $1.25 per gallon (quote dated September 28, 2012). Dumont is the City's current product supplier to our remote stations. The estimated usage for this year is 39,000 gallons with an award requested at $49,000. FUNDING SOURCE Funding will be from account 441-5123-536.52-21, Water Distribution/ Operating Supplies -Chemicals. RECOMMENDATION Staff recommends approval of a blanket purchase order for the purchase of Sodium Hypochlorite "as needed" from The Dumont Company, Inc. at a unit cost of $1.25 per gallon, for an estimated annual cost of $49,000. DUMONT September 28, 2012 City of Delray Beach 434 S. Swinton Ave. Delray Beach, Florida 33444 Dear Mr. Solomon: Mr. Solomon, In regards to the sodium hypochlorite used at the re -pump and booster stations. Dumont would like to take this opportunity and offer a one (1) year renewal. The price will remain the same for the Sodium Hypochlorite at $1.25 per gallon. This would extend our original agreement until 10/1/2013. If this meets with your approval, please sign below and forward the Purchase Order numbers along with signed document. Dumont appreciates your business and we look forward to continued service to the City of Delray Beach. If you have any questions please feel free to contact me. Best Regards Kenny Williams Technical Development Manager The Dumont Co., Inc. 381 S. Central Ave., Oviedo, FL 32765 Tel: 800-330-1369 Cell: 352-303-5773 Fax: 800-524-9315 KennyW@dumontchemicals.com Sign: Date: The Dumont Company, Inc. — 381 S. Central Ave., Oviedo, FL 32765 800-330-1369 FAX: 800-524-9315 From: ioanne@beach-o-rama.com fmailto:joanne@beach-o-rama.comj, Sent: Monday, October 01, 2012 9:04 AM To: Solomon, Scott Subject: Beach -O -Rama Chlorine Delivery Scott, Good Morning. Beach -O -Rama will offer the City of DelRay Beach the service of delivering the Sodium HypoChlorite at $1.30 per gallon. If you need any additional information, please let me know. Thank You, Joanne Cione 954-922-2289 Fax 954-653-9855 ioannefteach-o-rama. com 11-0 V0. Reach- O-kanb:j MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: October 4, 2012 SUBJECT: AGENDA ITEM 8.P.5 - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 PURCHASE AWARD/ LINE TEC, INC. ITEM BEFORE COMMISSION Request to approve a blanket purchase order to Line -Tec, Inc. in the amount of $55,000.00 for two projects; Water Service Relocations (P/N 13-035) and Fire Hydrant Flow Testing. The terms and conditions are based on the current competitively bid contract with the City of Boynton Beach for "Supply and Installation of Water Service Connections and Restoration", Bid #033-2821-104A. BACKGROUND The Public Utilities Department requested funding for the annual water service relocation program with current year's budget allocation at $25,000. The award will allow us to continue with our annual water service relocation program, changing rear yard water service meters to the front yard. All related work will be paid in accordance with the contract's unit pricing. The request is in the amount of $25,000. In addition, staff requested funding for performing flow tests on City fire hydrants. Current year's budget was approved at $30,000. Fire hydrant water flow tests are conducted annually for Insurance Service Office requirements. The Insurance Service Office (ISO) is a company that rates fire departments. One of their requirements is that fire hydrants be inspected annually and flow tested every ten years. These flow tests are recorded and entered into a database to determine the systems capability to extinguish a fire with the available water from each hydrant. The Insurance Service Office uses the flow test records to help determine the fire department's class rating. All the City's fire hydrants need to be flow tested by the end of 2013 (our ten year mark). To accomplish this, one third of the hydrants are to be tested each year. The last two years, City Commission approved awards to Line -Tec for flow testing the first two thirds of our hydrants. This year's award will allow testing of the remaining one third of the City's 2,650 hydrants. Therefore, staff is requesting an award to Line -Tec in the net amount of $55,000 for providing services related to two programs utilizing contract pricing under an active City of Boynton Beach contract, expiring June 2013; Water Service Relocations ($25,000) and for Fire Hydrant Flow Testing ($30,000). Upon approval by City Commission, Line -Tec, Inc. will execute a "Standard Form of Agreement between the City and Contractor". FUNDING SOURCE Funding is available from account #442-5178-536-49.33 ($25,000), Water and Sewer Renewal & Replacement Fund/ Water Service Relocations and 441-5123-536-34.90 ($30,000), Water and Sewer Fund/Contractual Services. RECOMMENDATION Staff recommends award to Line -Tec, Inc. in the amount of $55,000.00 utilizing contract pricing under an active City of Boynton Beach contract, expiring June 2013, for providing services related to two programs; the Water Service Relocations ($25,000) and for Fire Hydrant Flow Testing ($30,000). 9.?/^?!201^ 1 41 A IJI-C City of nuuntcslt Beach A=nmmlt tan P soar con Heach BQur► Ra fou 310 rxy tm aftWk FWjaa 33425.0310 Tet*ww Na (561) 74.2-6310 PAX: (5611942-4316 February 1, 2012 Line -Tec Inc. 241 NW 18" Avenue Deiray Beach, FL 33444 Attn: Mr. Scott Ellsworth PACE 01/01 BID NAME: ,TWO YEAR 610 FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION 810 NO.: 833 2821-10MA De�ir Mr. Ellsworth: The °Two Year Sid for the Supply and Installation of Water Service Connections and Restoration" expires June 1, 2012. The Bid Documents allow for a one-year extension with the same terms, conditions and pricing. The City of Boynton Beach would like to renew this Slid for an additional year. We appreciate the quality service that you have given to the City. Therefore, it you agree, Y6 will extend the wdstjng Bid from June 2, 2012 to June 1, 2013. please indicate your response on the following page and return it to Procurement Services at your earriest convenience. We look forward to continue working with you. If you shouid have any questions, please feel free to call Julie Alibmndi et (561) 742-6322. Sincerely, Tsar► W. 14oward Deputy Director of Financial Services r)ma PC: Les Sarkkinen Central File File Anwli is - -EMIVY m the Ouifstremn ,The city of Bounton Beach • Procurement Services 100 B. Boynton Beach Boulevard P.O. Box 310 Boynton .Beach, Florida 33425-0310 Telephone No: (561) 742-6310 • FAX: (561) 742-6316 May 27, 2010 Line Tec Inc. Attn: Scott Ellsworth 241 N.W. 18th Avenue Delray Beach, Fl 33444 RE: "TWO-YEAR BID FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS & RESTORATION" BID#: 033-2821-10/JA Dear Mr. Ellsworth: At the City Commission meeting of June 1, 2010, the Bid for "TWO -- YEAR BID FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNCTIONS & RESTORATION" was awarded to your company. Enclosed is a Tabulation Sheet for your review. A Purchase Order will be issued on an "As Needed" Basis. We would like to thank you for responding to this Bid and look forward to working with you. If you have any questions please contact Janet Allen, Buyer, at (561) 742-6322. Sincerely, Carol Doppler, CPPB Purchasing Agent /ja Enclosure: Tabulation Sheet cc: Les Sarkkinen -- Utilities Administration Supervisor Central File File America's Gateway to the Gulfstream BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City). March 1, 2010 Bid Title: -`TWO - YEAR BID FOR THE SUPPLY AND INSTALLATION QF WATER SERVICE CONNECTIONS AND RESTORATION" I Bid Number: 033-2821-10/3A Bid Received By: APRIL 15, 2010, NO LATER THAN 2:30 P.M. (LOCAL TIME) I Bids will be opened in Procurement Services unless specified otherwise. Bid receiving dato and time is scheduled for: April 15, 2010, no later than 2:30 P.M. (local time) and may n�t be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: o A Corporation of the State of: SCS ( Telephone Area Code: phone Number: Mailing Address: C7-�_ X , 1 7�G1 City/State/Zip: Vendor Mailing Date: S l C Authorized Signature Name Typed E5 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA FOR "TWO - YEAR BID FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION" To All Bidders: Date: < j ( S��sZ + The undersigned declares that he has carefully examined the specifications and is thor highly familiar with its provisions and with the quality. type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicatq' how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the toitowin ricin : ITEM DESCRIPTION Furnish and install water service UNIT OF MEASURErUNIT Each PRICE ' ITEM NO. } connection from City installed �� <-7��� meter to house valve (gate valve) Size I" 2 Furnish and install 1 " schedule 40 Linear foot PVC water pipe and sod restoration over trench 3 Installation of 1" meter box and lid Installation per unit J 5 4 Installation of 2" meter box and lid Installation per unit S Furnish and install two inch Installation/ materials corporation stop and saddle/less per unit than 41 in depth ' 6 Installation and price, per foot, of Installation: 2" service line with PVC casing Price per foot: 7 Price to terminate/abandon Labor per unit existina water service Cb ? Berns 8-12 will be used as unit pricing for 6" Dip wafer lines to enhance execution o this ro'ea g Furnish and install b" gate valve Installation/materials r f with box per unit cTsD 16 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE *To include all labor and appurtenances normally associated with water main replacement programs. Two prices should be provided: (12a) installation in non -paved area, and �12b) installation in paved area. Both prices should include restoration to "as found" or better condl.tion. 17 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Installation and price, per foot, of Installation: (.o 9 6" DIP water main installed with Price per foot: �LA 1 fittings 10 Installation of fire hydrant Installation only �J assembly with 6" gate valve complete Non Pav, d Paved Installation of sample ointsInstallation onlyso, I I 12a *Installation of tapping sleeves SEE NOTE " �'� . c-►: and valves/non-paved area 12b *Installation of tapping sleeves SEE NOTE " 00 . and valves/paved area Items 142b will be used as bid evaluation. Items 12-20 will be used as secondar evaluation criteria. 13 Additional cost for hand Biggins Linear foot trench 1 G Additional cost for restoration of Square foot 1z: 0 ashalt drivewa s asphalt i5 Additional cost for restoration of Square foot I0.�*r. concrete driveways/sidewalk 16 Hourly labor rate Per hour _30. 17 Hourly rate for trencher, if Per hour 3J� needed -- —t- 1 g Hourly rate for backhoe, if Per hour 4y� needed Hourly rate for boring machine, Per hour �C) 04� i9 if needed 20 Mark up on wholesale cost for Percent Markup additional vegetative restoration (if required), based on invoice provided by vendor indicating wholesale cost: *To include all labor and appurtenances normally associated with water main replacement programs. Two prices should be provided: (12a) installation in non -paved area, and �12b) installation in paved area. Both prices should include restoration to "as found" or better condl.tion. 17 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE I Bi WATER SERVICE SECTION UNrr UNIT PRICE 29 FURNISH AND INSTALL 1" CORPORATION STOP AND SADDLE LESS THAN 4' DEEP EA ✓� 5• C3�1 30 INSTALLATION OF 2" RS GATE VALVE AND SADDLE COMPLETE WITH VALVE BOX EA 30. Co 31 INSTALLATION OF 2" P.E. SERVICE LINE W/O CASING FOR SHORT SIDE LF f 5o 32 INSTALLATION OF 1" P.E. SERVICE LINE W/O CASING FOR SHORT SIDE LF 33 INSTALLATION OF 1" P.E. SERVICE LINE WITH 1-1/2"CASING FOR LONG SIDE LF f 5 sn 34 INSTALLATION OF i" BALL METER VALVE EA f 5 D • C7� 35 INSTALLATION OF 1-1/2" OR 2" BALL METER EA C7_0 Bid WATER MAIN SECTION UNrr UNIT PRICE 36 INSTALLATION OF 4" C900 PVC PRICE PER FOOT WITH FITTINGS LF 3a. u-0 37 INSTALLATION OF 6" C900 PVC PRICE PER FOOT WITH FITTINGS LF 376,(7o 38 INSTALLATION OF 8" C900 PVC PRICE PER FOOT WITH FITTINGS iF 5• CM 39 INSTALLATION OF 4" CL350 DI PRICE PER FOOT WITH FITTINGS LF 3 g U -t) 40 INSTALLATION OF 8" CL350 DI PRICE PER FOOT WITH FITi iNGS LF 5 07) 41 INSTALLATION OF FIRE HYDRANT WITH MATERIALS (EXCLUDING 6" GATE VALVE) EA a c3 C, -o , ALTERNATIVE BI® ITEMS Bi RESIDENTIAL. WATER SERVICE SECTION UNrr UNIT PRICE 21 FURNISH AND INSTALL 1-1/4" SCH 40 PVC WATER SERVICE PIPE LF • co 22 FURNISH AND INSTALL 1-1/2" SCH 40 PVC WATER SERVICE PIPE LF cro 23 FURNISH AND INSTALL 2" SCH 40 PVC WATER SERVICE PIPE LF 24 RECONNECT EXISTING SPRKINKLER CONNECTION AT THE HOUSE EA 5 • C? V 25 INSTALLATION OF NEW HOSE. BIB EA 7s,or, 26 INSTALLATION OF VACUUM BREAKER ON HOSE BIB 17 0 27 RELOCATE EXISTING 3/4" OR 1" RPZ BACKFLOW EA OD • of , 28 RELOCATE EXISTING 1.5" OR 2" RPZ BACKFLOW EA f.5 o c > Bi WATER SERVICE SECTION UNrr UNIT PRICE 29 FURNISH AND INSTALL 1" CORPORATION STOP AND SADDLE LESS THAN 4' DEEP EA ✓� 5• C3�1 30 INSTALLATION OF 2" RS GATE VALVE AND SADDLE COMPLETE WITH VALVE BOX EA 30. Co 31 INSTALLATION OF 2" P.E. SERVICE LINE W/O CASING FOR SHORT SIDE LF f 5o 32 INSTALLATION OF 1" P.E. SERVICE LINE W/O CASING FOR SHORT SIDE LF 33 INSTALLATION OF 1" P.E. SERVICE LINE WITH 1-1/2"CASING FOR LONG SIDE LF f 5 sn 34 INSTALLATION OF i" BALL METER VALVE EA f 5 D • C7� 35 INSTALLATION OF 1-1/2" OR 2" BALL METER EA C7_0 Bid WATER MAIN SECTION UNrr UNIT PRICE 36 INSTALLATION OF 4" C900 PVC PRICE PER FOOT WITH FITTINGS LF 3a. u-0 37 INSTALLATION OF 6" C900 PVC PRICE PER FOOT WITH FITTINGS LF 376,(7o 38 INSTALLATION OF 8" C900 PVC PRICE PER FOOT WITH FITTINGS iF 5• CM 39 INSTALLATION OF 4" CL350 DI PRICE PER FOOT WITH FITTINGS LF 3 g U -t) 40 INSTALLATION OF 8" CL350 DI PRICE PER FOOT WITH FITi iNGS LF 5 07) 41 INSTALLATION OF FIRE HYDRANT WITH MATERIALS (EXCLUDING 6" GATE VALVE) EA a c3 C, -o , 42 INSTALLATION OF 2" BLOW OFF ASSEMBLEY EA 3,a S � 43 INSTALLATION OF 4" GATE VALVE WITH SOX E' L-? S. tTG EA T7 5-(-70 44 INSTAI-LATION OF 8" GATE VALVE WITH BOX 45 DENSITY TESTING, COST PER TEST EA Bid WATER METER AND BACKFLOW SECTION UiVTT' UNIT PRICE 46 INSTALLATION OF 5/8", 3/4" WAIT R METER (LABOR ONLY) EA Li 0-0 47 INSTALLATION OF 1" WATER METER (LABOR ONLY) EA Of- 0 48 INSTALLATION OF 1,5' WATER METER (LABOR ONLY) EA 00 C7�� 49 INSTALLATION OF 2" WATER METER (LABOR ONLY) EA 50 INSTALLATION OF 3" WATER METER (LABOR ONLY) EA ( J • t�*� 51 INSTALLATION OF 4" WATER METER (LABOR ONLY) 52 INSTALLATION OF 6" WATER METER (LABOR ONLY) EA 53 INSTALLATION OF 8" WATER METER (LABOR ONLY) EA J� �pG(j. cro 54 INSTALLATION OF 10" WATER METER (LABOR ONLY) EA or, 55 INSTALLATION OF 5J8", 3J4°, 1", 1.5" OR 2" REGISTERS (LABOR ONLY) FA % bz% 56 INSTALLATION 1.5" AND 2" REGISTERS (INTERNAL REPLACEMENT) (LABOR ONLY) EA `75 57 INSTALLATION OF 5/8" RISERS (6!'-12") LABOR ONLY EA OC 5 , C-7" 58 INSTALLATION OF 1" RISER (6"-12") LABOR ONLY EA 30 59 INSTALLATION OF 2" RE5ETTER (LABOR ONLY) EA LCX%• U7� 60 INSTALLATION OF 5/8" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) EA 63 INSt'ALLATION OF 518" CHECK VALVE ON CUSTOMERS LINE EA 1tO.c�-v 62 INSTALLATOF 1" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) EAION 70 , (xv 63 INSTALLATION OF 1" CHECK VALVE ON CUSTOMERS LINE EA �v�5•DG 64 INSTALLATION OF 3/4" - 1" RPZ BACKFLOWS EA $ o' (irk E' 75, r,D 65 INSTALLATION OF 1.5" - 2" RPZ BACKFLOWS 66 TESTING NEW OR E7QSTLNG RPZ BACKFLOW 3J4" - 2" U. o -o 67 REPAIR EXISTING BACKFLOW (LABOR ONLY) HR CJ9' �(� . 68 AODTi10NAL COST FOR BACKFLOW REPAIR PARTS NOT COVERED UNDER LINES % so i C 69 INSTALLATION OF RADIO READ UNITS ON EXISTING COMPATIBLE WATER METERS (LABOR ONLY) EA / 5 ..00 Bid DIRECTIONAL PIPE BORING SECTION uNIT UNIT PRICE 81 FIRE HYDRANT FLOW TEST, PRESSURE TEST AND NOZZLE LUBRICATION EA 70 1/2" - 1" SCHEDULE 40 PVC DIRECTIONAL BORING LF Ut> 71 1-1/4" - 1-1/2" SCH 40 PVC DIRECTIONAL BORING LF r a ..oto 72 2" SCH 40 PVC DIRECTIONAL BORING LF �`` L{ • 5(� 73 2-1/2" SCH 40 PVC DIRECTIONAL BORING LF i bD 74 3" SCH 40 PVC DIRECTIONAL BORING LFEA % �G 75 POT HOLING TO LOCATE EXISTING UTILITIES EA SOD CTC) 76 INSTALLATION OF ELECTRICAL SWEEPS 1/2" - 1-1/4" EA 0 . (� 77 INSTALLATION OF ELECTRICAL SWEEPS 1-1/2" - 3" EA 0'�0 , Vel 78 INSTALLATION OF 4 X 4 X 4 ELECTRICAL PULL BOX (COST PER BOX) EA (-To 79 INSTALLATION OF 8 X 8 X 8 ELECTRICAL PULL BOX (COST PER BOX) EA �'. 0-0 1 80 ADDITIONAL COST PER FOOT FOR SCH 80 PIPE ITEMS 45-49 LF 3•cro Bi FIRE HYDRANT MAINTENACE AND REPAIR SECTION UNIT UNIT PRICE 81 FIRE HYDRANT FLOW TEST, PRESSURE TEST AND NOZZLE LUBRICATION EA 82 COST FOR FIRE HYDRANT FLOWTEST W/RESIDUAL TEST EA 3 Co 83 FIRE HYDRANT AUDIT (INCLUDES AUDIT, FLOW, AND MAINTENANCE OF HYDRANT) EA S � m 84 FIRE HYDRANT PAINTING, WIRE AND SCRAPE EA p c -'r) 85 PAINTING OF BOLLARDS EA 5 cv 86 UPPER BARREL REPAIR ON EXISTING FIRE HYDRANT EA 3 7� Cj!, 87 LOWER BARREL REPIAR ON EXISTING FIRE HYDRANT EA SOD CTC) 88 INSTALLATION OF TRAFFIC REPAIR KIT EA O2 5D • CM 89 INSTALLATION OF 6" FIRE HYDRANT EXTENSION EA 3 •SQ, Lro 90 INSTALLATION OF 12" FIRE HYDRANT EXTENSION EA a S • C"C ) 91 INSTALLATION OF 18" FIRE HYDRANT EXTENSION EA S50-e-� Bid AND REPAIR SECTION FA L?5• tiU 92 INSTALLATION OF 24" EIRE HYDRANT EXTENSION 93 REPLACE EXISTING FIRE HYDRANT UTILIZING EXISTING ISOLATION VALVE EA 62�10 . "Ca 94 INSTALLATION OF BLUE REFLECTIVE ROAD MARKER EA (cZ . OU 95 INSTALLATION OF METAL HYDRANT I.D. TAG EA o�o 96 INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM (LABOR ONLY) SET � © Cm OF FIRE HYDRANT SECURITY SYSTEM WITH FLOW TEST (LABOR ONLY) SET 97 INSTALLATION 98 INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM (LABOR +PARTS x 5%) SET C 60 oo 99 INSTALLATION OF 6" INLINE FIRE HYDRANT CHECK VALVE (PARTS AND LABOR) EA 17vo, or) 1 COST FOR HYDRANT REPAIR PARTS NOT COVERED UNDER LINES EA -7 100 ADDITIONAL aoo • o0 Bid AND REPAIR SECTION UNIT UNIT PRIDE VALVE MAINTENANCE 101 VALVE AUDIT (INCLUDES AUDIT, MAINTENANCE, VALVE EXERCISE 3�-ice 102 VALVE TAG (BRASS) EA 30.00 103 VALVE EXERCISE ONLY (NO AUDIT) 104 INSTALL NEW VALVE BOX IN GRASS AREA EA C 60 oo 105 INSTALL NEW VALVE BOX IN ASPHALT 106 RAISE VALVE BOX IN GRASS AREA EA -7 aoo • o0 107 RAISE VALVE BOX IN ASPHALT 108 INSTALLATION OF VALVE BOX RISER 1"-2" EA $ cr, EA 109 INSTALLATION OF CONCRETE VALVE PAD 110 ASPHALT PATCH AROUND EXISTING VALVE BOX EA EA III VACUUM OUT DEBRIS FROM VALVE BOX 112 EXCAVATION OF A DEPTH OF 4' OR LESS EA 60-0 �j • C� 113 EXCAVATION OF A DEPTH OF 4' - 7' WITHOUT WELLPOINTS EA 6 (ate • C -,-o Bi EMERGENCY REPAIR, EQUIPMENT AND RESTORATION SECTION UNIT UNIT PRICE HR 114 HOURLY RATE FOR SUPERINTENDENT HR 115 HOURLY RATE FOR FOREMAN 116 HOURLY RATE FOR PIPE LAYER 117 HOURLY RATE FOR PLATE COMPACTOR 118 HOURLY RATE FOR 3" PUMP 119 HOURLY RATE FOR VALVE EXERCISE MACHINE WITH VACUUM 120 HOURLY RATE FOR UTILITY TRUCK 121 HOURLY RATE FOR EXCAVATOR 122 HOURLY RATE FOR SKIDSTEER 123 SOD RESTORATION FOR PRICE. PER FOOT 124 ADDITIONAL COST FOR TRAFFIC CONES 125 ADDITIONAL COST FOR TYPE I. II , III BARRICADES 126 ADDITIONAL COST FOR WORK ZONE SIGNS 127 ADDITIONAL COST FOR ARROW BOARD 128 PASS THROUGH ON MATERIALS NOT COVERED UNDER LINE ICEMS HR C70 HR raj. cJo HR 15, ao HR S'� u -c) HR �a•�� HR a '.CTo HR O, c7j SQA Professlonalllnderg=nd Utility Contractor DAY, O� DAY o� DAY Toll: 888.879.870 *Cell: 561.239.033 DAY 150. Cvp 0/0 `> 7J ..;ru.iinetscil-�cromtINt C Professlonalllnderg=nd Utility Contractor Directionot Boring 1/2'- 3" Rene Anderson , Regional Sates Directo WotetMain tnstoilulions Watel Service Line Replacement Office 561.279.103 Fife HydTontInstollotion/Maintenonce Toll: 888.879.870 *Cell: 561.239.033 Vratel homer Instailafian/Reptacement Fax 561.279.104 Property Management Utility Pfogmms Gc# (U(057105 G0427752 Email: Rene@lineteanc.co MEMORANDUM TO: Mayor and City Commissioners FROM: Alberta Gaum-Rickard, Recreation Superintendent Linda Karch, Director of Parks and Recreation THROUGH: David T.Harden, City Manager DATE: September 26, 2012 SUBJECT: AGENDA ITEM 8.P.6 - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 PURCHASE AWARD/MARTIN FENCE COMPANY ITEM BEFORE COMMISSION City Commission is requested to approve a purchase award to Martin Fence Company in the amount of $50,000.00 to remove the existing 4' fence and replace it with 6' green chain link fence on Pompey Park fields #1, 2 and 3, and installation of one 8' Wide x 90' Long Canopy over the backstop at Field #1. BACKGROUND On June 19, 2012, the City of Delray Beach entered into a Interlocal Agreement with Palm Beach County for funding not to exceed $92,629 for the Pompey Park Baseball Field Renovation Project. This Agreement allows for reimbursement of eligible project costs. One project element was to raise the baseball fields fences from 4' to 6' and install a canopy over the backstop at Field #1 at Pompey Park. Parks and Recreation Department received four quotes: Martin Fence Co., Anything in Fence, Gomez & Sons, and All Phase Roofing. The quotes are attached for your review. Item Description Martin Fence Anything in Fence Gomez & Son All Phase Co. Fence Roofin Remove existing Included Included $3,755.00 Included 4' fence Install 6' fence $50,000.00 $38,349.00 $45,434.00 $120,000.00 at Field 1, 2, 3 Install canopy Included $11,888.00 $9,960.00 Included on Field #1 backstop Total $50,000.00 $50,237.00 $59,149.00 $120,000.00 Parks and Recreation requests City Commission approval to award the purchase of 1,590' of fencing plus the canopy for Field #1 to Martin Fence Company, in the amount of $50,000.00, the lowest quote. FUNDING SOURCE Funding is available from account #334-4127-572-46.15 (GeneralConstruction Fund: Repair & Maintenance Services/ Improvements- Other Repair & Maintenance). RECOMMENDATION Parks and Recrecreation recommends City Commission approval of the purchase award to Martin Fence Company. SOLD ./ _ .. SH T .- TO. Name � ..a..,.,._ .._._,_ .. ,�.,.hF.�, I P 0 • ,�Q/,7�L ..47Addres City. Phon.e--Business._...---a_-„-..Total Footage 1qp-J w....:. , ,..._......._......_..........:,.... Pager Fence1p�yirSSZ.b❑ Top Rail Level E] Follow Contour D Barb Up E] Knuckle Up Top Rail--,,, �/e_ol Line Posts..,Zy/ Cor. Posts __.Y..�.. Gate Pos Gates. - Tension Wire..,:._ e Core Drills.. Panel weave—.-_.,,---,.- 'z) t Customer authorizes the installation of the fence in accordance with the sketch and any attached specifications and agrees to assume all liability and responsibility for accuracy of sketches. All fence Lines must be cleared by customer or a fee will be charged - $75 per hour/ minimum of I hour. Per Total Price ,,Approx. Delivery Date Less Depositr, Week ofk,J A 7qo"v ' C.O.D. on Completion,,_✓(1,. �, This contract subject to Terms and Conditions on reverse side. Oral representation's cannot be relied on. No modifications to this contract will be honored unless iting and signed by both parties. F hereby acknowledge the satisfactory CUStOmer::... completion of the above described work. Salesman y'. ® //, /!//'/W/ K Customer White copy / Office Canary copy / Customer v,c, <rr caic U.7: Od DbIX l4FJ31I ANYTHING IN FENCE PAGE 03 1f27f12 CITE' OF DELRAY BEACH PARKS AND RECREATION 1101 NW 2ND STREET DELRAY BEACH, FL, 33444 PROPOSAL ANYTHING IN FENCE 7207 SOUTH SWNTON AVENUE DELRAY BEACH, FL. 33444-223_9 (61)274-4.300 (561)274-0900 FAX ATTN; SENOVAIN STEPHENS 243 - 7261: 243 -- 7269 FAX RE: POMPEY PARK — PJUSE 4' FENCE ON FIELDS 1, 2 & 3 TO 6' HIGH PROVIDE LABOR AND MATERIALS TO; FIS REMOVE 384AJFT OF 4' HK, -H CHAIN LINK FENCE INSTALL; 384LIFT OF G' HIGH 6 GAUGE GREEN CHAIN LINK FENCE 384LIFT OF lZM" SCHEDULE 40 GREEN TOP RAIL 3 — g" SCHEDULE 40 GREEN 'GERMINAL POLES 36 - 2112" SCHEDULE 40 GREEN LINE POLES 1 — 6'X 6' DOUBLE SMRG GATE 1 — 61 X 'I2' DOUBLE SIMNG GATE FII LD 92 REMOVE 581 LIFT OFcV HIGH CHAIN LINK FENCE INSTALL; ii1LdFT OF 6' HIGH 6 GAUGE GREEN CHAN LINK FENCE Sk§1LIFT OF 1-Wg- SCHEDULE 40 GREEN TOP RAIL 9 — 3" SCHEDULE 40. GREEN TERMINAL ROLLS 55 - 2-112" SCHEDULE 4o GREEN LINE POLES 2 — 4'X 6' SINGLE STI NG GATES 1 — s' X S' DOUBLE SWING GATE I — 6' X 12' DOUBLE SWING GATE REMOvE 61 SLIFT OI< 4' HIGH CHAIN LINK FENCE INSTALL; 61sLtFT OF i' HIGH 6 GAUGE T GREED' CHAIN LINK PENCE 7 — 3" OF 1 -SM" SCH EDUL.E 41D GREEN TOP RAIL 7-3" SCHEDULE 40 GREEN TERMINAL POLES So - 2-9t2^ SCHEDULE 4o GREEN LINE POLES 2 — 4'X 6' SINGLE SV(ING GATES 9 — 6' X 6' DOUBLE SWING GATE 1 — 6'X 12' DOUBLE SLING GATE OTS F BO PA FOR A TOTAL Slid 0E=. �S3S,349 4� PLUS �RMTT FEES fP FI AS TO MADE— FOLLOWS X NET 30 ACCEPTANCE f3F E'RL7P AUTHORED SIGN'�T E AND ARE HEwRRERY ACC t2SAL' THE ARE H PRICES AND COI�DTTi�$ ARE SAii$FACi"DtRY SPE=CIFIED. PAYMENT 4d�IL BL E MA ARE HEREBY AUTHORIMD TQ Dia THE WORK AS SDE i S OUTLINED ABOVE 81/27/2812 63:61 56127439@6 9127112 CITY OF DELRAY BEACH PARKS AND RECREATION I109 NW 2ND STREET DENY BEACH, FL 334" ANYIHiNU IN f LNGL PROPOSAL ANYTHING IN [FENCE 9207 SOUTH S INTON AVENUE CELRAY BEACH, FL. 33444-2239 (661)2700 (561)27 FAX ATTN-, SENOVAI€V STEPHENS 243 - 7261: 243 - 7269 FAX RE: POM PIEYY PARC — GANOPY ON THE BIG FIELDS BACKSTOP PROVIDE LABOR AND MATERIALS TO; INSTALL; I — 9' VADE X 90' LONG CANOPY CANOPY WILL BE CONSTRUCTED OF I-StS- SCHEDULE 40 GREEN PIPE AND WILL BE INSTALLED 20' 4Pf THE GROUND FOR A TOTAL SUm OF: 579,8E oo PLUS PE ff0:�E PAYMENT TO BE MADE A3 FOLLD X NET 30 AUTHORM SIGNATURE ACCEPTANCE OF PROPOSAL: THE ABOVE PRICES ANRE SATISFACTORY AND ARE 14ERE13Y ACCEPTED, YOU ARE HEREBY AUTRO RIZED TO DO THE WORK AS SPECIFIED. PAYMENT INILL'SE MADE AS OUTLINED ABOVE. rAUL f 1 No Gamez&Son No- 10805 N.W. 22nd Street Quote Miami Florida 33172 3473 10/05/2012 (305) 471-8922Phone (305) 471-8925 Fax Valid Tilt: 11/04/2012 BILL TO Job Address City of Delray Beach - Parks and Recreation 1101 NW 2nd Street 50 NW 1st Ave Delray Beach Delray Beach Florida Florida 33444 City of Delray Beach - Parks and Account Name: Recreation Quote Stage: ALBERTA GAUM Contact Name: ALBERTA 243-7136 Subject Salesperson Alberto Aguirre Proposal Teddy Field # 1 S.No. Product Details Qty List Price Total 1. Chain link fence 44$16.00 $704.00 PBCSB bid Item B: Green Vinyl Line post with caps 2. Chain link fence 10$150.00 $1,500.00 PBCSB bid item F: Green vinyl terminal post with caps and fittings 3. Chain link fence 60$80,00 $4,800.00 PBCSB Bid Item J: Green vinyl brace assemblies 4. Chain link fence 382$14.00 $5,348.00 PBSCB Bid Item N: Green VinylFencing Including Toprail, tension wire, ties, etc 5. Chain link fence 2$72.00 $144.00 PBCSB Bid Item VV - Green Vinyl 4' wide x 6' High Single swing gates 6. Chairs link fence 1$190.00 $190.00 PBCSB Bid Item XX - Green Vinyl 12' wide x 6' High double swing gates 7. Chain link fence 1$150.00 $150.00 PBCSB Bid Item WW - Green Vinyl 8' wide x 6' High double swing gates Sub Total $12,836.00 Retention $0.00 Grand Total $12,836.00 Teams and Conditions Net 30 Days 40",0- Cow &SOILFence" 10805 N.W, 22nd Street Quote Miami Florida 33172 3472 (305) 471-8922Phone (305) 471-8925 Fax 10/05/2012 Valid Tilt: 11/04/2412 BILL TO Job Address City of Delray Beach - Parks and Recreation 1101 NW 2nd Street 50 NW 1st Ave Delray Beach Delray Beach Florida Florida 33444 Account Name: City of Delray Beach - Parks and Recreation Quote Stage: ALBERTA GAUM Contact Name: ALBERTA 243-7136 Subject Salesperson Alberto Aguirre_ Proposal Teddy Field # 2 S.No. Product Details Qty List Price Total 1. Chain link fence 63$16.00 $1,008.00 PBCSB bid Item B: Green Vinyl Line post with caps 2. Chain link fence 10 $150.00 $1,500,00 PBCSB bid item F: Green vinyl terminal post with caps and fittings 3. Chain link fence 50$80.00 $4,000.00 PBCSB Bid Item J: Green vinyl brace assemblies 4. Chain link fence 612$14.00 $8,568.00 PBSCB Bid Item N: Green VinylFencing Including Toprail, tension wire, ties, etc S. Chain link fence 2$72.00 $144.00 PBCSB Bid Item VV - Green Vinyl 4' wide x 6' High Single swing gates 6. Chain link fence 1$190.00 $190.00 PBCSB Bid Item XX - Green Vinyl 12' wide x 6' High double swing gates 7. Chain link fence 1$150.00 $150,00 Non Bid Item - Green Vinyl 6' wide x 6' High double swing gates Sub Total $15,560.00 Retention $0.00 Grand Total $15,560.00 Terois and Conditions Net 30 Days �� Coma & Solt FeRce 10805 N.W. 22nd Street Quote Miami Florida 33172 3471 (305) 471-8922Phone (305) 471-8925 Fax 10/05/2012 VaBtl Till: 11J04/2012 BILL TO Job Address City of Delray Beach - Parks and Recreation 1101 NW 2nd Street 50 NW 1st Ave Delray Beach Delray Beach Florida Florida 33444 Account Name: City of Delray Beach - Parks and Quote Stage: Recreation ALBERTA GAUM Contact Name: (561) 243-7136 Subject Salesperson Alberto Aguirre Proposal Teddy Field # 3 S.No. Product Details Qty List Price Total 1. Chain link fence 52$16.00 $832.00 PBCSB bid Item B: Green Vinyl Line post with caps 2. Chain link fence 12$150.00 $1,800.00 PBCSB bid item F: Green vinyl terminal post with caps and fittings 3. Chain link fence 85$80.00 $6,800.00 PBCSB Bid Item J: Green vinyl brace assemblies 4. Chain link fence 508$14.00 $7,112.00 PBSCB Bid Item N: Green VinylFencing Including Toprail, tension wire, ties, etc 5. Chain link fence 2$72.00 $144.00 PBCSB Bid Item VV - Green Vinyl 4' wide x 6' High Single swing gates 6. Chain link fence 1$160.00 $160.00 PBCSB Bid Item XX - Green Vinyl 12' wide x 6' High double swing gates 7. Chain link fence 1$190.00 $190.00 PBCSB Bid Item WW - Green Vinyl 8' wide x 6' High double swing gates Sub Total $17,038.00 Retention $0.00 Grand Total $17,038.00 Terms and Conditions Net 30 Days %'0 Gat<IBZUmFence" 10805 N.W. 22nd Street Quote Miami Florida 33172 3470 (305)471-8922Rhone(305)471-8925 Fax 10/05/2012 Valid Tdl: 1110912012 BILL TO Job Address City of Delray Beach - Parks and Recreation 1101 NW 2nd Street 50 NW 1st Ave Delray Beach Delray Beach Florida Florida 33444 City of Delray Beach - Parks and Account Name: Recreation Quote Stage: Proposal ALBERTA GAUM Teddy Field Contact Name: (561) 243-7136 Subject Backstop Canopy _ Salesperson Alberto Aguirre _ S.No. Product Details Qty List Total Price 1. Chain link fence Canopy 1 $9,960.00 $9,960.00 Non Bid Item: Furnish and Install 87 1-f of 6' wide x 87 long Chain link fence canopy onto existing 24' High chain link fence. Materials shall be as follows: - Canopy frame shall consist of 1-5/8" Schedule 40 pipe. - Chain link fence fabric shall be 2" x 9 Ga. x 72" - Canopy shall be welded onto existing 24' High chain link fence frame. Sub Total $9,960.00 Retention $0.00 Grand Total$9,960.00 Tei -ms and. Conditions Net 30 Days \00 Calm Von fence- 10805 N.W. 22nd Street Miami Florida 33172 (305) 471-8922Phone (305) 471-8425 Fax BILL TO Job Address City of Delray Beach - Parks and Recreation 1101 NW 2nd Street 50 NW 1st Ave Delray Beach Delray Beach Florida Florida 33444 Quote 3480 10/08/2012 Valid Till: 11/07/2012 Account Name: City of Delray Beach - Parks and Quote Stage: Proposal Recreation ALBERTA GAUM Teddy Field - Contact Name: (561) 243-7136 Subject Chain link fence demolition Salesperson Alberto Aguirre S.No. Product Details Qty List Price Total 1. Demolition of Existing Fence 110 382$2.50 $955.00 PBCSB bid Item HH: Removal of existing Chain link fence at Teddy Field Site # 1 2. Demolition of Existing Fence 110 612 $2.50 $1,530.00 PBCSB bid Item HH: Removal of existing Chain link fence at Teddy Field Site # 2 3. Demolition of ExistingFence 110 508$2.50 $1,270.00 PBCSB bid Item HH: Removal of existing Chain link fence at Teddy Field Site # 3 Sub Total $3,75S.00 Retention $0.00 Grand Total $3,755.00 Teams and Coiiditioais Net 30 Days Gauen, Alberta Subject: FW: Quote for Fence From: CC158@aol.com jmailto:CC158(a)ao1.com] Sent: Monday, October 01, 2012 10:02 AM To: Gaum, Alberta Subject: Re: Quote for Fence Alberta, The replace the fence and gates to 6' on the base ball fields is $40,000 per field. If you have any questions please give me a call. Thank you, Cindy Cartwright All Phase Roofing & Construction 561-350-7252 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: October 9, 2012 SUBJECT: AGENDA ITEM 8.P.7 - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 PURCHASE AWARD/OTTO WASTE SYSTEMS ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase order in the amount of $50,000.00 for purchase of hot -stamped, garbage carts, lids and wheels to be ordered "as -needed" from Otto Waste Systems as a sole -source provider. The blanket purchase will cover a period of 10. 16.2012 through 09.30.2013. BACKGROUND Otto Environmental Systems was approved by the City Commission as a sole -source vendor for the purchase of the hot -stamped, garbage carts that are proviced to the citizens of Delray Beach. Otto Industries, Inc. is the original vendor for the purchase of these carts beginning with their initial "roll- out" in 1996. The sizes of garbage carts required by the City are 95 -gallon "Classic" @ $53.00 each; 65 -gallon "Classic" @ $46.75 each and 35 -gallon "Evolution" @ $37.00, including attached lids and wheels per quote dated October 10, 2012. The carts have a forest green body, black lid, rubber tires and are hot- stamped with the City Logo and serial numbers. Garbage carts are ordered and shipped in full truckload quantities for cost savings and in various sizes as -needed. Freight is included in the pricing from Charlotte, NC to Delray Beach, FL. FUNDING SOURCE Funding is available from 433-3711-534-49.35 (Sanitation Fund: Other Current Charges/Cart Renewal & Replacement). RECOMMENDATION The Community Improvement Department recommends a blanket purchase order in the amount of $50,000.00 for the purchase of garbage carts with lids and wheels from Otto Waste Systems as a sole - source vendor to be ordered "as -needed". MUNICIPAL ACCOUNT QUOTATION DATE: 10/12/2012 TO: Danise Cleckley COMPANY: City of Delray Beach Delray Beach, FI. 33444 PHONE: 561-243-7213 FAX: MOBILE: E-MAIL: cleckley@ci.delray-beach.fl.us Good afternoon Danise: PAGES: One FROM: Jim High OTTO Environmental Systems 12700 General Dr. Charlotte, N.C. 28273 PHONE: 704-402-7890 (Mobile) FAX: 740-539-7628 E-MAIL: jhigh@otto-usa.com Thank you for your request for a quotation for Otto "Multi—System Design "MSD95C" Classic, "MSD65C" Classic and "MSD35EV" Evolution roll out carts. These carts are designed to be handled with equal ease by either semi -automated or fully -automated collection equipment. We are pleased to quote as follows: (250) Otto 95C "Classic" carts @ $53.00 each $ 13,250.00 (300) Otto 65C "Classic" carts @ $51.40 each $ 15,420.00 (200) Otto 35EV "Evolution" carts @ $36.00 each $ 7,200.00 City of Delray Beach Hot Stamp — 10" wheel — metal bar Freight Included in pricing from Charlotte, NC to Delray, FI. $ 0 TOTAL COST: $ 35,870.00 Pricing is subject to any applicable taxes. Pricing in this quotation is subject to review after 30 days. Thank you for the opportunity. If you should any questions, do not hesitate to call. Jim High Area Sales Manager Otto Environmental Systems Mobile # 704-402-7890 jhigh@otto-usa.com MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: October 10, 2012 SUBJECT: AGENDA ITEM 8.P.8 - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 PURCHASE AWARD/ SPECIALTY VEHICLES, INC. ITEM BEFORE COMMISSION The item before the City Commission is the approval for the purchase of three (3) trolley style vehicles from Specialty Vehicles in the not to exceed amount of $462,210 to be used to operate the City's shuttle transportation service. BACKGROUND From the inception of the City's shuttle transportation service, consensus has been that trolley style vehicles would be most appropriate to complement the City's "Village by the Sea" image. However, responses to the original Request for Proposals (RFP) for trolleys were cost prohibitive at approximately three times the cost of the mini -buses currently being used, ($96.50 vs. $38.50 per hour). Through grants from the Florida Department of Transportation ((FDOT) with matching funds from the Community Redevelopment Agency (CRA) the City is now positioned to purchase the trolleys. After considerable research, the City is in contact with Specialty Vehicles, Inc. to purchase three, new, built to specification Trolleys. Attached for your review please find a photo and specifications of the vehicle being considered; the blue/red color combination may be reviewed further. The City will be piggy -backing a contract through the Houston Galveston Area Council HGACBuy program, which completes the comprehensive vetting of vendors through the competitive bidding process which, the City Attorney advises, is an acceptable alternative to staff preparing and advertising an RFP. Although the quoted price of $154,070 cost per vehicle exceeds the $150,000 per vehicle budgeted cost by $4,070, staff is hopeful that the manufacturer will provide a multi -vehicle purchase discount to meet our targeted budget of $450,000. If the additional $4,070 per trolley can not be fully discounted, additional funding can be requested from the CRA or possibly covered from City Funds. Please note, Specialty Vehicles has ordered a number of trolleys as stock for the upcoming year. Assuming everything proceeds smoothly with the ordering and manufacturing process, the manufacture time will be reduced, having wheels on the ground early in 2013. FUNDING SOURCE Funding in the amount of $450,000 will be available in account 334-6111-545-64.20 following budget transfer; additional funding up to $12,210 to be indentifed in the mid -year budget amendment, if needed. RECOMMENDATION Approve the purchase award to Specialty Vehicles in the not to exceed amount of $462,210 for the purchase of three trolley style vehicles. October 8, 2012 Mr. Scott Aronson Parking Management Specialist City of Delray Beach 434 S. Swinton Ave Delray Beach, FL 33444 Hi Scott: SPECIALTY VEHICLES SVI, Inc. is pleased to submit the following quotation for new "Built -to -Order" trolleys. It would be the 26' Supreme Classic American Trolley built on a new MB65 Freightliner Chassis. These three (3) units would be utilizing the chassis we have in stock to expedite production. The units are the smallest size that we build and would have a 178" wheelbase. They would be built according to the attached specifications and include the following items: The chassis we have scheduled for Nov/Dec production would be built as follows: ➢ New 2012 MB65 Chassis ➢ 6.7 Cummins Diesel Engine ➢ Allison 2200 Series Automatic Transmission ➢ Air Brakes ➢ Leaf Spring Suspension ➢ Four (4) Deka Group 31 Batteries ➢ 270 Leece Neville Alternator ➢ Two color exterior paint scheme ➢ Coordinating Pinstripe ➢ Electric Entrance Door ➢ Brass Grab Rails and Stanchion thru out trolley ➢ Interior Brass Passenger Signal ➢ Interior Wood Sidewalls and Ceiling ➢ Cow Catcher ➢ Center Brass Headlight ➢ Brass Bell on Roof ➢ RCA Transit Flooring - Tan ➢ 25,000 BTU'S Front Air Condition and Heat ➢ 125,000 BTU'S Front and Rear Passenger Air Conditioning ➢ One Rear 35,000 BTU'S Passenger Heater ➢ Heater Booster Pump ➢ Full ADA Including - Wheelchair Lift, Lift Door, Brake Interlock, Two (2) Double Slip -Seats over Wheelchair Positions, Two (2) Wheelchair Tie -Downs, ADA Lighting and Signage ➢ AM/FM/CD/PA System ➢ Four Interior Speakers ➢ PA System with Hand Held Microphone ➢ 90 Gallon Fuel Tank 440 9VLarkLeany Drive, .lfenderson, XV 89011 7e(ephone: 702-567-5256 Ea,-�.• 702-567-3020 Email info@specia(tyvehic(es. com Website: www.specia(tyvehic(es.com Scott Aronson City of Delray Beach Page 2 ➢ Aluminum Rims - painted or left standard aluminum color ➢ Front End Alignment ➢ 12 Volt Power Port ➢ Engine Block Heater — deleted ➢ Engine Alarm System ➢ Silicone Heater Hoses ➢ Upgraded Drivers Seat USSC ➢ White Standee Lines ➢ White Step Hosing Price: - $136,102.00 ........... FOB Goshen, IN................Stock units currently scheduled for Nov/Dec 2012 production. This unit is also per bid #BBID on HGAC. OPTIONS: 1. Two Luminator Vista Destination Signs ...........................$ 1,980.00 ea. = $ 3,960.00 2. Bike Rack......................................................................................................... $ 1,375.00 3. Back-up Camera............................................................................................. $ 963.00 4. Spare Tire and Wheel.................................................................................... $ 930.00 5. Safety Vision Five Camera System............................................................... $ 8,440.00 Total options ............................ $15,668.00 Freight .................................................$ 2,300.00 Total price with options.....................$154,070.00 This vehicle would have full Supreme and Freightliner new vehicle warranties. Yours truly, Nancy Munoz Trolley Sales Manager NM: emc 440 9VLar%Leany Drive, .lfenderson, XV 89011 7e(ephone: 702-567-5256 Ea,-�.• 702-567-3020 Email info@speciaftyvehicfes. com Website: www.specia(tyvehic(es.com 440 9VLar%Leany Drive, .lfenderson, 5VV 89011 7e(ephone: 702-567-5256 Fa,-�.• 702-567-3020 Email info@specia(tyvehicfes.com Website: www.specia(tyvehic(es.com 440 9VLar%Leany Drive, .lfenderson, 5VV 89011 7e(ephone: 702-567-5256 Fa,-�.• 702-567-3020 Email info@specia(tyvehicfes.com Website: www.specia(tyvehic(es.com 440 9VLar%Leany Drive, .lfenderson, 5VV 89011 7e(ephone: 702-567-5256 Fa,-�.• 702-567-3020 Email info@specia(tyvehicfes.com Website: www.specia(tyvehic(es.com Tk JF jr. ilk NIL DO NOT ��,fa f ENTER .0 AIR —Now Ppp Wit GREEN - J l �l SIi 11R Buses, Transit, Shuttle and Trams Page 1 of 4 A CONTRACT BETWEEN HOUSTON-GALVESTON AREA COUNCIL Houston, Texas AND SPECIALTY VEHICLES Henderson, Nevada This Contract is made and entered into by the Houston -Galveston Area Council of Governments, hereinafter referred to as H -GAC, having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, AND, Specialty Vehicles hereinafter referred to as the CONTRACTOR, having its principal place of business at 440 Mark Leany Drive, Henderson, Nevada 89011. ARTICLE 1: SCOPE OF SERVICES The parties have entered into a Buses, Transit, Shuttle and Trams Contract to become effective as of January 1, 2011, and to continue through December 31, 2013 (the "Contract"), subject to extension upon mutual agreement ofthe CONTRACTOR and H -GAC. H -GAC enters into the Contract as Agent for participating governmental agencies, each hereinafter referred to as END USER, for the purchase of Buses, Transit, Shuttle and Trams offered by the CONTRACTOR in states other than Texas. The CONTRACTOR agrees to sell Buses, Transit, Shuttle and Trams through the H -GAC Contract to END USERS in states other than Texas. ARTICLE 2: THE COMPLETE AGREEMENT The Contract shall consist of the doctunents identified below in order of precedence: 1. The text of this Contract form including, but not limited to, Attachment A 2. General Terms and Conditions 3. Bid Specifications No:BT01-11, including any relevant suffixes 4. CONTRACTOR's Response to Bid No: BT01-11, including but not limited to, prices and options offered All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall constitute the complete agreement between the parties hereto. This Contract supersedes any and all oral or written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Contract cannot be modified without the written consent of both parties. ARTICLE 3: LEGAL AUTHORITY CONTRACTOR and H -GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this Contract. The governing bodies, where applicable, have authorized the signatory officials to enter into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto. ARTICLE 4: APPLICABLE LAWS The parties agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, directives, issuances, ordinances, and laws in effect or promulgated during the tern of this Contract. ARTICLE 5: INDEPENDENT CONTRACTOR The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H -GAC or CONTRACTOR. No provision of this Contract or act of H -GAC in performance of this Contract shall be construed as making CONTRACTOR the agent, servant or employee of H -GAC, the State of Texas or the United States Government. Employees of CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsible for employee payrolls and claims arising therefrom. ARTICLE 6: END USER AGREEMENTS H -GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRACTOR through this Contract and that the term of said Agreement may exceed the term of the H -GAC Contract. However this acknowledgement is not to be construed as H-GAC's endorsement or approval of the End User Agreement terins and conditions. CONTRACTOR agrees not to offer to, agree to or accept from END USER any terns or conditions that conflict with or contravene those in CONTRACTOR's H -GAC contract. Further, termination of this Contract for any reason shall not result in the termination of the underlying End User Agreements entered into between CONTRACTOR and any END USER which shall, in each instance, continue pursuant to their stated terms and duration. The only effect of termination of this Contract is that CONTRACTOR will no longer be able to enter into any new End User Agreements with END HACONTRACTS\Buses, Transit, Shuttle and Trains \Specialty Vehicles \13T01-1 1.8 Buses, Transit, Shuttle and Trams Page 2 of 4 USERS pursuant to this Contract. Applicable H -GAC order processing charges will be due and payable to H -GAC on any End User Agreements surviving termination of this Contract between H -GAC and CONTRACTOR. ARTICLE 7: SUBCONTRACTS & ASSIGNMENTS CONTRACTOR agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written notice to H -GAC. H -GAC reserves the right to accept or reject any such change. CONTRACTOR shall continue to remain responsible for all performance under this Contract regardless of any subcontract or assignment. H -GAC shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees. ARTICLE 8: EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS CONTRACTOR shall maintain during the course of its work, complete and accurate records of items that are chargeable to END USERunder this Contract. H -GAC, through its staffor its designated public accounting firm, the State of Texas, or the United States Government shall have the right at any reasonable time to inspect copy and audit those records on or off the premises of CONTRACTOR. Failure to provide access to records may because for termination of this Contract. CONTRACTOR shall maintain all records pertinent to this Contract for a period ofnot less than five (5) calendar years from the date of acceptance of the final contract closeout and until any outstanding litigation, auditor claim has been resolved. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. CONTRACTOR further agrees to include in all subcontracts under this Contract, a provision to the effect that the subcontractor agrees that H-GAC'S duly authorized representatives, shall, until the expiration of five (5) calendar years after final paymentunder the subcontract or until all audit findings have been resolved, have access to, and the right to examine and copy any directly pertinent books, documents, papers, invoices and records of such subcontractor involving any transaction relating to the subcontract. ARTICLE 9: REPORTING REQUIREMENTS CONTRACTOR agrees to submit reports or other documentation in accordance with the General Terms and Conditions of the Bid Specifications. If CONTRACTOR fails to submit to H -GAC in a timely and satisfactory manner any such report or documentation, or otherwise fails to satisfactorily render performance hereunder, such failure may be considered cause for termination of this Contract. ARTICLE 10: MOST FAVORED CUSTOMER CLAUSE If CONTRACTOR, at anytime during this Contract, routinely enters into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H -GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H -GAC, CONTRACTOR shall notify H -GAC within ten (10) business days thereafter of that offering and this Contract shall be deemed to be automatically amended effective retroactively to the effective date of the most favorable contract, wherein CONTRACTOR shall provide the same prices, warranties, benefits, or terms to H -GAC and its END USER. H -GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If CONTRACTOR is of the opinion that any apparently more favorable price, warranty, benefit, or term charged and/or offered a customer during the term of this Contract is not in fact most favored treatment, CONTRACTOR shall within ten (10) business days notify H -GAC in writing, setting forth the detailed reasons CONTRACTOR believes aforesaid offer which has been deemed to be a most favored treatment, is not in fact most favored treatment. H -GAC, after due consideration of such written explanation, may decline to accept such explanation and thereupon this Contract between H -GAC and CONTRACTOR shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms to H - GAC. The Parties accept the following definition of routine: A prescribed, detailed course of action to be followed regularly; a standard procedure. EXCEPTION. This clause shall not be applicable to prices and price adjustments offered by a bidder, or contractor, which are not within bidder's control [example, a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies. ARTICLE 11: SEVERABILITY All parties agree that should any provision of this Contract be determined lobe invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in Rill force and effect. ARTICLE 12: DISPUTES Any and all disputes concerning questions of fact or of law arising under this Contract, which are not disposed ofby agreement, shall be decided by the Executive Director of H -GAC or his designee, who shall reduce his decision to writing and provide notice thereof to CONTRACTOR. The decision of the Executive Director or his designee shall be final and conclusive runless, within thirty (30) days from the date of receipt of such notice, CONTRACTOR requests a rehearing from the Executive Director of H -GAC. In connection with any rehearing under this HACONTRACTS\Buses, Transit, Shuttle and Trams \Specialty Vehicles \BTOI-11.8 Buses, Transit, Shuttle and Trams Pate 3 of 4 Article, CONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. CONTRACTOR may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed diligently with the performance of this Contract and in accordance with H -GAL'S final decision. ARTICLE 13: LIMITATION OF CONTRACTOR'S LIABILITY Except as specified in any separate writing between the CONTRACTOR and an END USER, CONTRACTOR's total liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indeinnify H -GAC described in Article 14, is limited to the price of the particular products/services sold hereunder, and CONTRACTOR agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will CONTRACTOR be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the fill extent such use may be disclaimed by law. CONTRACTOR 1uuderstands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H -GAC , its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Contract. ARTICLE 14: LIMIT OF H -GAL'S LIABILITY AND INDEMNIFICATION OF H -GAC H-GAC's liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H -GAC be Iiable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the Hill extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H -GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgments, and liens arising as a result of CONTRACTOR's negligent act or omission under this Contract. CONTRACTOR shall notify H -GAC of the threat of lawsuit or of any actual suit filed against CONTRACTOR relating to this Contract. ARTICLE 15: TERMINATION FOR CAUSE H -GAC may terminate this Contract for cause based upon the failure of CONTRACTORto complywith the terms and/or conditions ofthe Contract; provided that H -GAC shall give CONTRACTOR written notice specifying CONTRACTOR'S failure. If within thirty (30) days after receipt of such notice, CONTRACTOR shall not have either corrected such failure, or thereafter proceeded diligently to complete such correction, then H -GAC may, at its option, place CONTRACTOR in default and the Contract shall terminate on the date specified in such notice. CONTRACTOR shall pay to H -GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation was received by CONTRACTOR. ARTICLE 16: TERMINATION FOR CONVENIENCE Either H -GAC or CONTRACTOR may cancel or terminate this Contract at any time by giving thirty (30) days written notice to the other. CONTRACTOR may be entitled to payment from END USER for services actually performed; to the extent said services are satisfactory to END USER. CONTRACTOR shall pay to H -GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation is received by CONTRACTOR. ARTICLE 17: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS CONTRACTOR agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set forth by H -GAC, the State of Texas, and the acts and regulations of any finding entity. CONTRACTOR agrees to notify H -GAC of any suspected fraud, abuse or other criminal activity related to this Contract through filing of a written report promptly after it becomes aware of such activity. ARTICLE 18: GOVERNING LAW & VENUE This Contract shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Contract shall lie exclusively in Harris County, Texas. Disputes between END USER and CONTRACTOR are to be resolved in accord with the law and venue riles of the state of purchase. CONTRACTOR shall immediately notify H -GAC of such disputes. ARTICLE 19: PAYMENT OF H -GAC ORDER PROCESSING CHARGE CONTRACTOR agrees to sell its products to END USERS based on the pricing and other terms of this Contract, including, but not limited to, the payment of the applicable H -GAC order processing charge. On notification from an END USER that an order has been placed with CONTRACTOR, H -GAC will invoice CONTRACTOR for the applicable order processing charge. Upon delivery of any product/service by CONTRACTOR and acceptance by END USER, CONTRACTOR shall, within thirty (30) calendar days or ten (10) business days after receipt of payment, whichever is less, pay H -GAC the full amount of the applicable order processing charge, whether or not CONTRACTOR has received an invoice from H -GAC. For sales made by CONTRACTOR based on this contract, including sales to HACONTRACTS\Buses, Transit, Shuttle and Trams \Specialty Vehicles \BTO1-11.8 Buses, Transit, Shuttle and Trams Pate 4 of 4 entities without Interlocal Contracts, CONTRACTOR shall pay the applicable order processing charges to H -GAC. Further, CONTRACTOR agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to execute an H -GAC Interlocal Contract. H -GAC reserves the right to take appropriate actions including, but not limited to, contract termination if CONTRACTOR fails to promptly remit H -CAC's order processing charge. In no event shall H -GAC have any liability to CONTRACTOR for any goods or services an END USER procures from CONTRACTOR. ARTICLE 20: LIQUIDATED DAMAGES Any liquidated damages terms will be determined between CONTRACTOR and END USER at the time END USER's purchase order is placed. ARTICLE 21: PERFORMANCE BONDS FOR INDIVIDUAL ORDERS Except as described below for fire apparatus, CONTRACTOR agrees to provide a Performance Bond at the request of END USER within ten (10) days of receipt of END USER's purchase order. It shall be standard procedure for every order received for fire apparatus that a Performance Bond in the amount of the order be provided to the END USER. Failure of CONTRACTOR to provide such performance bond within ten (10) days of receipt of END USER's order may constitute a total breach of contract and shall be cause for cancellation of the order at END USER's sole discretion. END USER may choose to delete the requirement for a Performance Bond at END USER's sole discretion. If the bond requirement is waived, END USER shall be entitled to a price reduction commensurate with the cost that would have been incurred by CONTRACTOR for the bond. ARTICLE 22: CHANGE OF CONTRACTOR STATUS CONTRACTOR shall immediately notify H -GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name, and shall also advise whether or not this Contract shall be affected in any way by such change. H -GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Contract. ARTICLE 23: LICENSING REQUIRED BY TEXAS MOTOR VEHICLE BOARD /IFAPPLICABLEI CONTRACTOR will for the duration of this Contract maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Contract period, any CONTRACTOR'S license is not renewed, or is denied or revoked, CONTRACTOR shall be deemed to be in default of this Contract unless the Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H -GAC upon request. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their drily authorized representatives. Signed for Houston -Galveston Area Council, Houston, Texas: Attest for Houston -Galveston Area Council, Houston, Texas: _,_ atee ,Executive Director Services %�) 20/_ Signed for Specialty Vehicles Henderson, Nevada: Printed Name & Title: A, � l)C y /naA L121 Date: 20 Attest for Specialty Vehicles Henderson, Nevada: d Printed Name & Title: I_o6 R e 71'I"A Date: I Z. " lo 20/0 HXONTRACPS\Buses, Transit, Shuttle and Trams \Specialty Vehicles \BT01-11.8 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR SHUTTLE BUS SERVICE THIS FIRST AMENDMENT to the Interlocal Agreement dated January 24, 2012, between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", and the CITY OF DELRAY BEACH hereinafter referred to as the "CITY", is hereby entered into this � day of '2012. WITNESSETH: WHEREAS, the CRA and CITY entered into an Agreement dated January 24, 2012, ("Original Agreement") to provide for the CRA to provide funding to the CITY for the provision of shuttle bus service within the downtown area of the CITY; and WHEREAS, the CITY has received a grant from the Florida Department of Transportation ("FDOT") for the acquisition of trolleys and the operation of the shuttle bus service in the downtown are of the CITY; and WHEREAS, the parties desire to amend the Original Agreement in order to provide for the CRA to provide matching funds for the FDOT grant to the CITY ("First Amendment"). NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: herein. 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forth 2. That Section 2 of the Original Agreement is amended to read as follows: 2. The CRA shall, upon the execution of this Agreement, pay to the CITY the amount of $300,000.00 to be utilized as matching funds for the FDOT grant. The CRA shall pay this same amount no later than December 31, 2012 subject to the CRA approving the funds in its FY 2012-13 budget, and provided that the CITY continues to provide the shuttle bus service. The CRA's funds over the two years that this agreement is in effect shall at a minimum provide the following match for the FDOT grant funding: a. Two Hundred Thousand and 00/100 Dollars ($200,000.00) for operating expenses; and b. One Hundred Thousand and 00/100 Dollars ($100,000.00) for capital expenditures The CRA shall provide an additional amount of funds not to exceed Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) for the acquisition of the trolleys to be used to provide the shuttle bus service. The CITY shall invoice the CRA for these funds at the time of the issuance of the purchase order for the acquisition of the trolleys. 3. All other terms and conditions of the Original Agreement, not in conflict with this First Amendment, shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year. written above. ATTEST: City Clerk Approved as to Form: City Attorney A TEST: iane Colonna, Executive Director CITY OF DELRAY BEA LE Nelson S. McDufiie, A DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Howard Lewis, Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this by , as of officer or agent), of 2 _ day of , 2012, (name of officer or agent, title (name of corporation acknowledging), a corporation. He/She is (state or place of incorporation) corporation, on behalf of the personally known to me or has produced (type of identification) as identification. Notary Public — State of Florida DNT:dnt H:LGOV CLIBNTSIDBCRA 6551060018 DBCRA\AGMT 2012\First Amendment to II.A with City (Shuttle Bus).docx 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 10, 2012 SUBJECT: AGENDA ITEM 10.A - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 WAIVER REQUEST/ 290 S.E. 6TH AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a waiver from LDR Section 4.4.13(F)(7)(a), Development Standards: Rear Setbacks, to reduce the required rear setback from ten feet (10') to zero feet (0'), in association with the installation of a wing wall. BACKGROUND At its meeting of September 19, 2012, the Historic Preservation Board (HPB) considered and approved with conditions a Class I Site Plan Modification associated with elevations changes to the historically designated building. The HPB considered this waiver request concurrently with the Site Plan Modification request and recommended approval by a vote of 4-0 (McDonald absent). WAIVER ANALYSIS Pursuant to LDR Section 4.4.13(F)(7)(a),all building floors shall be a minimum of ten feet (10 ) from the rear property line. The subject proposal includes the addition of a wing wall located at the southwest corner of the building along the west property line. The following is an excerpt from the justification statement submitted for the relief request: "...By granting this waiver, a superior product will be achieved... The Canopy support is necessary to support the roof overhang which is allowed to encroach into the setback. The support design is consistent with other existing building massing and its location is such that is allows for the new canopy to be over the storefront being proposed for the former overhead door opening... " Waiver Criteria: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. In consideration of the criteria above, the granting of the waiver request will not adversely affect the neighboring area as the wing wall, which will extend an additional 30", is located on a part of the building which is already located at 0'. An unsafe situation should not be created by the granting of the waiver, as the wing wall will not reduce visibility for vehicular traffic exiting from the alley onto SE 3rd Street as it is located on the opposite side of the alley. Vehicles parked in the on -street spaces would have a greater impact on visibility than the addition of the subject wing wall. Further, the granting of the waiver request will not result in a special privilege in that the encroachment is minimal and does not span the entire property line. Similar requests would likely be considered in a comparable manner. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5). RECOMMENDATION Approve the waiver request to LDR Section 4.4.13(F)(7)(a), Development Standards: Rear Setbacks, to reduce the required rear setback from the required ten feet (10') to zero feet (0'), based upon positive findings of LDR Section 2.4.5(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR 290 SE 6" AVENUE 1. These waiver requests came before the City Commission on October 16 16, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 290 SE 6th Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.13(F)(7)(a) Pursuant to LDR Section 4.4.13(F)(7)(a), all building floors shall be a minimum of ten feet (10') from the property line. The applicant is asking for a waiver to allow a "wing wall" on the south elevation to be built to the west property line, thereby creating setback of zero feet (0') instead of the minimum ten feet (10'). Should the waiver to Section 4.4.13(F)(7)(a) be granted? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 16th day of October 2012, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 0 Nelson S. McDuff ie, Mayor HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owner: Francis Schley Applicant/Agent: Richard Caster Property Address: 290 SE 6`" Avenue, Adams Chevrolet Dealership, Individually Designated HPB Meeting Date: September 19, 2012 ITEM BEFORE THE BOARD File No: 2012-176 The item before the Board is consideration of a Class I Site Plan Modification, Certificate of Appropriateness, and Waiver request associated with exterior alterations on an individually designated structure located at 290 SE 6th Avenue (Adams Chevrolet Dealership), pursuant to LDR Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property, which consists of Lots 30 and 31, Block 111, Town of Delray, is located at the northwest corner of SE 6t" Avenue (Federal Highway) and SE 3rd Street. The property contains a 7,707 square foot building constructed in 1950, and 7 back -out parking spaces onto SE 3rd Street. The building was originally developed and used for automotive repair. At its meeting of July 11, 2012, the Site Plan Review and Appearance Board (SPRAB) approved a Class III Site Plan Modification (2012-162) for a change of use from auto repair to retail and office, as well as associated site improvements and elevation changes. The following waivers associated with the Class III were approved by the City Commission at its August 7, 2012 meeting: A waiver to LDR Section 4.6.9(D)(4)(d), which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking, allowing 22' instead. A waiver to LDR Section 6.1.3(B)(1)(f), which requires an 8 -foot sidewalk along SE 3rd Street, allowing 5' instead. A waiver to LDR Section 4.6.16(H)(3)(d), which requires a 5 -foot wide perimeter landscape strip, is required along the north and west sides of the property, allowing 1.33' on the north side and 2' on the west side, instead. It is noted that the conditions of approval associated with the SPRAB review will still be valid, unless changed upon review by HPB review, in which case a note on the plans and in a submitted written statement for the SPRAB file will be required. On August 21, 2012, the City Commission approved Ordinance 24-12 which individually listed the subject property as "Adams Chevrolet Dealership" on the Local Register of Historic Places. The designation shifts the purview of site plan review from SPRAB to HPB. In order to be eligible for the benefits afforded to designated properties, the exterior elevation changes require approval by the HPB, even though they were already approved by SPRAB. 290 SE 6T" Avenue, Class I; 2012-176 HPB Meeting of September 19, 2012 Page 2 of 6 The subject request is for the approval of those exterior building and site alterations, which are described as follows: • Elimination of the 7 back -out parking spaces and construction of 4 parallel parking spaces along SE 3rd Street. • Construction of 10 standard parking spaces and 1 handicap accessible parking space on the north side of the building. • Elevation Changes are as follows: o Stucco over brick veneer on north "cube", add horizontal aluminum reveals; o Replace 12 -light picture window in "cube" with four single light aluminum, impact rated fixed windows with vertical mullions; o Add entry door and transom with eyebrow on north elevation of "cube"; o Replace all windows on east elevation to match existing configuration of single light, fixed windows; o Replace main entry door and sidelights with double entry doors and transom lights; o Add angled corner window on southeast corner of building to match existing corner window on front (east) elevation and as illustrated in original building plans; o Replace entry doors on south elevation with two single light, fixed windows to match others; o Replace existing garage door on south elevation and recreate two additional openings of same width and height as illustrated on original plans; o Install single entry door flanked by two fixed, single light windows of same measurements within each "garage door opening;" o Remove shed roof on south elevation; o Add eyebrow above each entry on south elevation with wing wall support walls and angled vertical support posts; o Stucco over brick veneer on south elevation; o Add glass block within original window openings on north elevation; o Change color scheme from brick and white paint to: ■ "Cube": Light Blue ■ Walls: White ■ Wing Walls: Yellow -Green ■ Posts and Eyebrows: Melon It is noted that the interior office space in "Suite 1" includes a Mezzanine consisting of approximately 403 square feet. The Mezzanine previously consisted of 375 square feet. While the additional 28 square feet will not impact the parking required, confirmation from the Fire Department regarding accessibility and ingress and egress will be necessary for the larger size. A waiver to LDR Section 4.4.13(F)(7)(a), Development Standards, Rear Setbacks, has been submitted to reduce the required rear setback to approximately zero feet (0') from the required ten feet (10'), in association with the installation of a wing wall. This waiver was not considered by SPRAB, as it was added as a condition of approval to either remove the wing wall or relocate it out of the setback area. The applicant, however, has opted to retain the wing wall and request relief for its location. The COA, Class I Site Plan Modification, and Waiver request are now before the Board for consideration. 290 SE 6T" Avenue, Class I; 2012-176 HPB Meeting of September 19, 2012 Page 3 of 6 ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Section 4.4.13, Central Business District (F)(7)(a), All building floors shall be a minimum of ten feet (10) from the property line. STAFF COMMENT: The proposed "wing wall" on the south elevation is proposed on the west property line, thereby providing a zero foot (0') setback. Due to this encroachment, a waiver has been submitted and is analyzed further in this report. Therefore, positive findings of compliance with the LDRs are subject to approval of the aforenoted waiver. Section 4.5.1, Historic Preservation Sites and Districts (E)(2)(c)5., Development Standards, Major and Minor Development Any changes to Individually Historically Designated properties, whether already on site or newly designated, to help facilitate the move of a historic structure into a historic district. STAFF COMMENT: The subject property is individually listed on the Local Register of Historic Places, and therefore, will be reviewed in accordance with the "Minor Development" criteria. (E)(4), Alterations In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. (E)(5), Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. Those applicable Standards and Guidelines are noted below: The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard #2) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard #9) Window Guidelines o Window placement, design, and materials serve to articulate and give definition to the design -specific styles and periods of time. 290 SE 6T" Avenue, Class I; 2012-176 HPB Meeting of September 19, 2012 Page 4 of 6 o When windows cannot be repaired, any replacement design should take into consideration the features of the original. o When new windows are required, their replacement with the original material is always most desirable. o Changing the historic appearance through inappropriate design materials is not recommended. (E)(8), Visual Compatibility Standards All improvements to contributing buildings, structures and appurtenances thereto within a designated historic district shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this and other criteria set forth elsewhere in Section 4.5.1. The following criteria apply: (c), Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d), Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (g), Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (1), Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. STAFF COMMENT: The proposed improvements are in keeping with the intent of the aforenoted Visual Compatibility Standards, Standards for Rehabilitation, and Historic Preservation Design Guidelines. The alterations and additions are appropriate to the style of the building, and help to maintain the historic character due to their form, materials, textures, colors, and openings. The addition of the aluminum reveals on the "cube" provides the appropriate horizontal linear element provided in the brick veneer detailing. The eyebrows above each entry unify each elevation while giving an appropriate entry overhang for each of the office bays. Given the above, positive findings can be made with respect to the subject Guidelines and Standards. WAIVER ANALYSIS Section 2.4.7(6)(5), Waivers Prior to granting a waiver, the approving body shall make a finding that the granting of the waiver.- (a) aiver.(a) Shall not adversely affect the neighboring area; 290 SE 6T" Avenue, Class I; 2012-176 HPB Meeting of September 19, 2012 Page 5 of 6 (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. As previously noted, LDR Section 4.4.13(F)(7)(a) requires that all building floors shall be a minimum of ten feet (10) from the rear property line. The subject proposal includes the addition of a wing wall located on the north (west) property line, thereby providing a zero foot (0') setback. The following is an excerpt from the justification statement (see attached for complete statement) submitted for the relief request: "...By granting this waiver, a superior product will be achieved... The Canopy support is necessary to support the roof overhang which is allowed to encroach into the setback. The support design is consistent with other existing building massing and its loation is such that is allows for the new canopy to be over the storefront being proposed for the former overhead door opening..." WAIVER ANALYSIS & STAFF COMMENT: In consideration of the criteria above, the waiver may be analyzed accordingly: (a) The granting of the waiver request will not adversely affect the neighboring area as the addition, which will extend an additional 30", is located on a part of the building which is already located at 0'. (b) The granting of the waiver request will not diminish or impact public facilities as the improvement will not encroach on the public right of way; (c) An unsafe situation should not be created by the granting of the waiver, as the wing wall may not reduce visibility for vehicular traffic exiting from the alley onto SE 3rd Street because it would be located on the opposite side of the alley. Vehicles parked in the on -street spaces would have a greater impact on visibility than the addition of the subject wing wall. (d) The granting of the waiver request will not result in a special privilege in that the encroachment is minimal and does not span the entire property line. However, the wing wall is not required to be located where proposed, and therefore, could be adjusted to a place which complies with the setback requirement yet is compatible with the building design. Similar requests would likely be considered in a comparable manner. Based on the above, positive findings cannot clearly be made with respect to the waiver request. Therefore, Staff leaves the recommendation to the Board's discretion. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Class I Site Plan Modification and Certificate of Appropriateness (2012-176) for the property located at 290 SE 6th Avenue, Adams Chevrolet Dealership, Individually Designated by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. 290 SE 6T" Avenue, Class I; 2012-176 HPB Meeting of September 19, 2012 Page 6 of 6 C. Move denial of the Class I Site Plan Modification and Certificate of Appropriateness (2012- 176) for the property located at 290 SE 6th Avenue, Adams Chevrolet Dealership, Individually Designated by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be Dhrased in the affirmative. See above) ALTERNATIVE ACTIONS By Separate Motions Approve the Class I Site Plan Modification and Certificate of Appropriateness (2012-176) for the property located at 290 SE 6th Avenue, Adams Chevrolet Dealership, Individually Designated by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the condition that the Mezzazine is permitted by the Fire Code at a size of 403 square feet, as proposed. Waiver: LDR Section 4.4.13(F)(4)(a)2., Development Standards, Front Setbacks Staff Recommendation: At the Board's discretion. Alternative Recommendation for Board Use: Recommend approval to the City Commission for a waiver to LDR Section 4.4.13(F)(7)(a), Development Standards, Rear Setbacks, to reduce the required rear setback to zero feet (0) from the required ten feet (10'), in association with the installation of a wing wall, and based upon positive findings with LDR Section 2.4.7(B)(5). Report Prepared by: Amy E. Alvarez, Historic Preservation Planner TRANSPARENCY GACLN3ROMPEncenu; WQMArs RIWATMlu SMW i RICHARD JONES .. W SITE DATA ZONING DESIGNATION: CBD PROPOSED PROJECT: OFFICEIRETAIL SPACE "'w� �sscL tluaiu�zPwtErcE>na�ffa,�se>zELI �o GR"DRCN1YA1LA - M"AM& GOVERNING 0OOES: FBC 2010 EDITION Gmuoaaa+ouss�-gmlArele 4m-saw. FFPC 2010 EDITION NFPA i UFC FLORIDA 2009 EDITION R11LsnAmwam I ARCHITECTURE A2009 EDITION NEPA 701 LSC FLORIDAla GRouIORttRLYR.HO&A sE.rmsrnsEr nss•wP1. �onnmcrusAR:YL. LOT 29, BLOCK 111 !III SQ.FT. ACRE PeL�+arto-G�ss sLi ]o YE f0.ST.Vf1W E l =BEY lC TOTAL SITE AREA 15,917 SQ.FT. .365 AC �_„ f-r Wr WrlAr p" f Lna necux n.a�.e nw< Lts i E w»rR>a GROUND FLOOR AREA: 6.957 SQ.FT. MEZZANINE AREA (OFFICE 1): 403 SQ.FT. 130.00' _ _ _ ! naasoolan .10% WALKWAY: 1,062 SQ.FT. — w6 m aFAR SAE TER PWT NDC m V ORIVEWAYIPARKING 5,134 SQ.FT. WATER BODIES: NIA Os" L0.' wrn'unuavmncnecm TOTAL IMPERVIOUS SQ.FT.(826%) TOTAL PERVIOUS: 2,764 SQ.FT. (17.4%) LN: tE RGrwram aeEeRr AmC a �' i m wAPYri wT+eaE Rsa m Rretrn. W OPEN SPACE: 2,764 SQ.FT. (17.4%) Ei5R.1Er&lxa — — — — — ➢ .' LOT COVERAGE: 1%153SQ.FT. (826%) xd u.,• '' U QME EffiiI.ORJ IlR �' rAEflsr4P wwt..� r` ! ''� LLLJ llCAi•AI R3E. oRYAL p 6 U IlJ M .� PARKING UIRF&IENTS REQ EXISTING USE REQUIRED.WRMW. o � I � c I 1 I, W U RETAIL 1000 SQ. FT. @ 4.5 PER 1000 - 5 REQUIRED UTO REPAIR 5951 SQ. FT. ® 4.5 PER 1000 = 27 REQUIRED ems- 1NE q' axp rx K Rra� ste�uuL _ I � li y y o p1 (/ TOTAL REQUIRED FOR EXISTING USE 32 REQUIRED _ rNii� - 0 N L-j 70TAL EXISTING PARKING PROVIDED: w BACKOUT SPACES ON SE 3RD STREET 7 _ CARPORT-UNIMPROVED 9 I I I 0 TOTALEXISTINGSPACES 16 W DUSTG DEFICIENCY (WITHOUT ADA COMPLIANCE) (18) I 1IEJ1 — — SUITE-2 PROPOSED USE BUSINESWRO.OFFICE 4502 SQ. FT. @ 11300 = 15 REQUIRED MEZZANINE 403 SO. FT. ®1!300 1.34 REQUIRED SUISSUIS;; T,756S EET— , nT2'SQ FEET 1,312 sqR ucrs<rk. BUSINESSIRETAIL 2350 SQ. FT. 64.5 PER 1000 = 10.5 REQUIRED N NE EL_ I i i ftE1 FlaRi.n TOTAL = 27 REQUIRED PROPOSED CARPORT-IMPROVED 9 — — _ I I PROPOSED ADDITIONAL -EXTEPoOR 2 _ � RLE TOTAL EXISTING SPACES PROPOSED 11 TOTAL UL QW- PROPOSED DEFICIENCY (18) Q () AA1600161] I ®DW0105a BUILDING DATA ZW. v Yom MAWwGss I II nR� 4e BUILDING STBACK PURSUANT TO LDR SECTION 4A.13 F (3) 'i REQUIRED/ PROVIDED J �- BiR —%wtzA%wBY: srt�ta _ w O sL�unus DocLMwf ee.la.ls FRONT 5.0"ED 14'-5ire INTERIOR SIDE 0" 4T-11 Itr ron A I aw Nxs �,i-..'-.. — — — — —I - �r _• I, asrll.ura+aGr+ � � �. f ! STREET SIDE 5'4' IV-D 112" U� �. Y E + IN., I)-4 rmu ap ws tssrff nan.t. REAR 10'4' 0'-0' >L 5 KE 01'M .130.00' HEIGHT 46'-0" 18'4' t'SEWnr �— �i LEGAL DESCRFTION PROPOSED PARALLEL SPACES LOTS 30 AND 31, BLOCK 111, RE-SUBDIVISION OF BLOCK 111, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 116n. eat&7E ME I �cttY couxGxis: Guc a 13, PAGE 46, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 5.0 FEET THEREOF.i _ — S.E. 3RD STREET j I I 1 I NOTE: EASTINGELECTRICAL CURRENTLY RUNNING ABOVE GROUNDI; I TO EXISTING METER TO REMAIN. N Proposed Site Plan T 'I, I, SITE PLAN J H A-0.3 EA MON BIKE RACKFROM LANDSCAPE FORMS I a BIKE RACK DETAM Ta' a wnR 7i'A?F. CGP Lf PA lR N -d AFf ❑ ELEVATION NOTES A MOTH eTucDOFW18N R LIGHT FIXTGRE"LAIDERAMPLEMARCH. FORREAEM 0 SMAOE LNDEMSEPARATEPERMIT 0 NEWE70REFRONTISAESSYSTEM (SILVER FRAME TOMATCH EXISTING STORWRONTFAAAEZ} THE UGIRTRANGMWOM RIMUCU1ONVALL ROT EXCEED 10%4) DWE SAMPLE FOR ARDHIMCFRENW. E FEW WPAGT RESISTANT STOREFROIJT F NEW PREEROVIDE NGNEEREDMETALCANWY. OCTOPBHOP DRANINGS FORARCHRECT RENEW. 6 DMNG WALLANO PARAPEF (EXMIN MOOREWHITE D0I) H NEW STEELPOST04DIMIETER) I EXE INGEARRELVAIRTROOF J PMETAL SANDING X NEW hTFALFRAMEVERTICALS.PPORTWALL WITH SMOOTH M2. L MOSM COVHFDCARPORT CANOPY. TO RECEIVE NEW PAINT OVERENSW METALPANEIS. NEW VALEXCEADLEOTOTNEPRONT M AIWA. LOWERS GRILL ABOVE DOM P0.D1TE 910P GRAIAhG3 R TENANTSIGNAGE LMDER SEPERATE PERMIT 0 FXETXiG ROOFCANOPY, PATCH AIb REPAIRAS REWIiTFD. P NEW I7WOE DLEAR GLASS BLOCK IN SMITING OPENING 0 NE ...METAL OCOR RTGLASSINBERT R ALLAENUMOORN9POUTWIRYMARFINEH 8 Vr Df�XPTALLSTAINIE88 STmmsALSWO.G T REPAIR ORREPLACEEMNG RN WALLS. INPAPINBREWMETALTIC MATCH GTOREFRONT. 411411-11 W. TPP x P*w (1d1 NtuD1� lNl*W O-0 East Elevation 3116"=P-0" w a wearsnVG.;:r1 OW AFr. TLP 10-0 ,rr FNvw 6fi North Elevation 3/16"=P-0" TGP /F PA24� ie+- RAR pA H6.Ypf/� O-0 q RICHARDTONES ARCHITECTURE 6 iLP m PnPB v.li � r/ 7i'uP rtY LP PePJPEr 1HAaYEMt1 Rt®A wu Yd I.PP. �' 1R.3Hflie i fel ZN9199 / � AA36m)6f] IBM(01016 ' �I ® RT"}'.Rl: VCILIICIt'kCCON 1 K W 5 N'-tD raOLR p/ 116vD� Q-O West Elevation > y y w U M 3/16"=1'-0" O p N KL A WC4VSISIF. �_ ' 1 AA2fll916ii� Ca2fAJ1054 CCSm • 1:4iu DM5 N N �"ARNBY 1R PI A.4 RSYhX'; AI SIIBWIiA49: PDE'BiD M1i1a.t] FERWZi[a IH41oA1c755Li OLZat3 ' 1 REYISfo!S ELEVATIONS H A-2.1 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 11, 2012 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 RELOCATION OF THE CHAMBER OF COMMERCE ITEM BEFORE COMMISSION Discussion regarding the relocation of the Chamber of Commerce. BACKGROUND The Commission gave staff direction regarding the chamber relocation at its October 9, 2012 meeting, however, a question was asked regarding the City's ability to sell the space to a private entity. Subsequent to the meeting I had a conversation with the City's outside bond counsel and was informed that if the City did want to consider the sale of the space to a private entity, other than the Chamber, there were no bond restrictions that would prevent such a sale. During the Commission meeting when the question was raised regarding our ability to sell the space to a private entity I had expressed some concern on whether or not this might impact some of our bonds used to finance the garage construction. Based on the revised information regarding our ability to sell the space to a private entity, I am seeking confirmation of your prior direction to prepare agreements to provide for the relocation of the Chamber to the OSS garage space. MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: October 10, 2012 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 MODIFICATION TO PARKING LICENSE AGREEMENTS ITEM BEFORE COMMISSION The item before the City Commission is to consider a recommendation from the Parking Management Advisory Board (PMAB) to modify the valet parking license agreements mandating licensees to validate 50% of the parking fee for customers patronizing their establishments. BACKGROUND At it meeting of July 24, 2012, former PMAB chairperson Fran Marincola requested the Board discuss a modification to the Parking License Agreements mandating licensees to validate 50% of the valet parking fee for customers patronizing licensees' establishments. The item was tabled with direction to staff to confirm that the mandate would be legal and provide current validation programs offered at the various valet queues (see attached). The City Attorney has determined the mandate legal as spaces leased are City property. The accompanying list shows all but one valet queue validating parking for its customers, with others charging less than the maximum $10 allowed by the agreement. In the case of those charging less than the maximum, the mandate will likely result in an increase in fees to subsidize validated customers paying 50%. While validations provide a benefit to the restaurant patrons, staff is concerned that further restriction on fees may result in licensees discontinuing the service thereby eliminating the benefit of additional parking inventory achieved through the use of the private lots. Additionally, if the validation influences new or indecisive patrons in deciding where to eat, it may be perceived as an unfair advantage to queue holders. Furthermore neighboring restaurants, already struggling through current economic conditions, may feel compelled to offer validation programs to remain competitive, further compounding the struggle to remain in business. At the onset of the program, valet parking was $3 per vehicle. Valet queue spaces were $50 per month and lot owners charged $30 per space per month. Today, parking is $10 and valet queues were recently increased to $105 per space west of the Intracoastal Waterway and $131.25 to the east with 3% annual increases. Some property owners are charging $60 per space per month, not to mention increasing insurance premiums. Over the last several years, there have been few, if any, complaints with the $10 fee. Last season fees of $15 and $20 were instituted at a couple of queues. Staff, familiar with the negative impact of overpriced parking, supported the $10 maximum fee. Several options remain for those not wanting to pay $10 to valet park including free municipal parking lots, 70 free spaces on Atlantic Avenue not dedicated to valet services, and the garages which are currently free Sunday through Wednesday and only $5.00 on Thursday, Friday and Saturday evenings. Valet parking is a premium service providing substantial convenience to customers and should be market driven. In consideration of the aforementioned, staff does not support the PMAB recommendation REVIEW BY OTHERS The Parking Management Advisory Board, at its meeting of September 27, 2012, recommended modifying the Parking License Agreements for queues located on Atlantic Avenue and one (1) block north and south of Atlantic Avenue, to require licensees to validate 50% of the posted parking fee for customers patronizing their restaurants. RECOMMENDATION By motion, deny the recommendation by the PMAB to mandate Parking License Agreement holders with valet queues located on Atlantic Avenue and one (1) block north and south of Atlantic Avenue, to validate 50% of parking fees for customers patronizing their establishments. DELRAY BEACH Environmental Services All-AmericaCity Department I MEMORANDUM 1993 2001 TO: Parking Management Advisory Board FROM: Scott Aronson, Parking Management Specialist DATE: September 21, 2012 RE: Valet Queue Validations The following validation programs are available at the valet parking queues Breathe Restaurant Cancellation of agreement requested by licensee 10/09/12 — Too costly to continue Avenue Bar & Grill Participant: 32 East; Tryst, Union d/b/a 32 East Program: Pay $5 w/ validation Participant: Prime Steakhouse Prime Steakhouse Program: Patrons pay $10 and are given a $10 coupon to be used in the restaurant — Was told to advertise on sign Tramonti's Participant: Tramonti's Program: Pays $5 w/ validation Participant: All users pay $5.00 Max's Harvest ** Program: Not necessary to achieve Board's desire to maintain $5.00 parking Delray Beach East Participant: None Atlantic, LLC. d/b/a Program: None 75 Main Cut 432 Participant: Cut 432 Program: Free w/ validation GOL A Taste of Participant: GOL A Taste of Brazil Brazil Program: Pay $5 weekdays / $7 weekends Participants: Caffe Luna Rosa & Burger Fi: Caffe Luna Rosa Program: Weekdays before 3 PM free; After 3PM & weekends $5 Valid up to 3 hours w/ $5 o/t* fee Seagate Hotel Cancelled with last round of modifications * o/t = overtime ** Max's harvest is located on the 100 block of NE 2nd Avenue, (Pineapple Grove Way), and not comparable with Atlantic Avenue densities. Excluded from recommendation. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: October 12, 2012 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 VISIONS 2020 STEERING COMMITTEE APPOINTMENTS ITEM BEFORE COMMISSION The item before Commission is consideration of the recommended list of appointments as submitted by the Commission to serve as the Visions 2020 Steering Committee and appointment of the City Commission representative. BACKGROUND City Commission has elected to initiate Visions 2020 using the American Assembly process. This process is designed to bring together a cross-section of key people in the community to discuss major issues of concern to public officials. Its effectiveness is in exposing participants to a variety of viewpoints while fostering face-to-face communication and compromise, ultimately achieving a consensus position on the direction and goals for the City up to 2020. At the regular meeting of October 2nd, the Commission elected to establish the Steering Committee by having each Commissioner and Mayor submit three (3) names for appointment. The Commission would then formally approve the list of appointees at the October 16th regular meeting. The list of names submitted for the Visions 2020 Steering Committee is as follows: Mayor Vice -Mayor Carney Deputy -Vice Ma or Frankel Commissioner Gray Commissioner Jacquet Albert Richwa en Ja Alperin Craig S odak Alberta McCarthyReginald Cox Mark Baron Scott Porten Ryan Boylston Margie Walden Derline Pierre -Louis Alice Finst Evelyn Dobson Vincent Dole Connor Lynch Jeffrey Perlman At the October 2, 2012 meeting, the Commission also discussed Commissioner Carney being the Commission representative on the steering committee; the approval of this appointment can be included with the appointment of the other steering committee members. RECOMMENDATION Staff is recommending that the Commission approve the appointments of fifteen (15) persons as submitted for the Visions 2020 Steering Committee and appoint the City Commission representative. MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 12, 2012 SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 DISCUSSION REGARDING STATE LOBBYING SERVICES ITEM BEFORE COMMISSION This item is before Commission to consider selecting a firm to provide state lobbying services. BACKGROUND Staff provided the Commission with a state lobbying proposal from Ballard Partners at the October 9, 2012 Commission Meeting. The proposal from Ballard Partners provided two state lobbying options: 1). to represent the City regarding transient housing legislation at a fee of $15,000 for the 2013 legislative session and 2). to provide comprehensive state lobbying services at an annual cost of $45,000. Commission's direction was for staff to obtain information from additional lobbying firms. Staff received information from six (6) additional lobbying firms; their proposal are attached for your review. Proposals were received from: -Ericks Consultants, Inc. provided a proposal for a full year contract for lobbying services. -Capitol Alliance Group provided a proposal for single issue lobbying or full service state lobbying services. -Florida Strategic Group provided a proposal for a full year contract for state lobbying services. -Greenberg Traurig provided a proposal for full year fee for state lobbying services. -Ronald Book provided a proposal for single issue or broader scope state lobbying services. -Weiss, Handler & Cornwell provided a proposal for single issue or general state lobbying services. Staff will be prepared to discuss the various proposals at the Commission meeting. RECOMMENDATION Staff recommends Commission direction regarding selection of a firm to provide state lobbying services. Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 4, 2012 SUBJECT: AGENDA ITEM WS.8 - WORKSHOP MEETING OF OCTOBER 9, 2012 DISCUSSION REGARDING STATE AND FEDERAL LOBBYING SERVICES ITEM BEFORE COMMISSION The item before Commission is a discussion regarding state and federal lobbying services. Page 1 of 1 BACKGROUND At previous Commission meetings, Commissioner Carney mentioned an interest in state level lobbying and Commissioner Gray expressed interest in federal level lobbying. The City's most recent state level lobbyist was the Aleksander Group who was retained to represent the City regarding funding and regulatory issues at the state level (the City ended the agreement in 2007). The Aleksander Group's contracted fee was $5,000 per month plus expenses. The City recently received a proposal from Ballard Partners for two state lobbying options: 1). to represent the City regarding transient housing legislation at a fee of $15,000 for the 2013 legislative session and 2). to provide comprehensive state lobbying services at an annual cost of $45,000. Boca Raton is a current client of Ballard Partners. For federal lobbying, the City previously contracted with two firms: Alcalde & Fay and Artemis Strategies (the City ended these agreements in 2007). Both firms were contracted for federal lobbying services including assistance with federal appropriation requests. The Alcalde & Fay agreement also provided for grant assistance. The contracted cost for each firm's services was $5,000 a month plus expenses. The purpose of this workshop discussion is to obtain direction from the Commission regarding whether to pursue federal and/or state lobbying services at this time. Staff will provide the Commission with additional proposals and/or agreements, as needed, for any services the Commission may wish to pursue. Staff does not feel that federal lobbying would have a significant impact in terms of federal grant funding at this time. However, lobbying for a specific issue, such as federal beach renourishment, could be pursued as well. Funding will need to be allocated for any lobbying services that the Commission selects. RECOMMENDATION Staff is seeking Commission direction regarding possible state and/or federal lobbying services. http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=6071 &MeetingID=391 10/12/2012 BALLARD I PARTNERS October 1, 2012 Mr. Douglas E. Smith Assistant City Manager City of Delray Beach 100 N W I" Avenue Delray Beach, FL 33444 Dear Mr. Smith: As per our conversation, please see the following proposed options for representation before the State of Florida. This representation includes the Florida Legislature, the Executive Branch, all executive agencies and any other board or commission necessary to successfully achieve our agreed upon goals. We appreciate this opportunity and pride ourselves on providing the highest level of service to our clients. Legislative representation is the cornerstone of our practice group and we are consistently ranked as the top governmental affairs firm in Florida. Our broad range of clients keeps us involved in almost all issues before the Legislature which in turn develops more relationships with legislators at every level. With offices in Tallahassee, West Palm Beach, Jacksonville, Miami and Tampa, we are able to build even closer relationships with legislators when they are home in their districts. Attached for your review is our Firm brochure which outlines our clients, our successes over the years and biographies of our team. It is my understanding the issue of primary focus in this year's Legislation Session will be the passage of a bill related to the growing regulatory challenges around "Sober Houses". We are familiar with this issue and have been engaged in discussions with our client, the City of Boca Raton, as well as the Department of Business and Professional Regulation. Option l: This agreement would be limited to advocating for the passage of legislation dealing with "Sober Houses". This includes any and all work associated with passing a bill and working with the Governor's office to obtain a successful signature once it gets to the Governor's desk. This would specifically be for the 2013 Legislative Session and would include all of the work necessary before session as well as after to obtain the Governor's support. It will be necessary to assist in the drafting of the proposed legislation, obtain sponsors in both the House and Senate, establish "champions" within the Legislative Delegation, meet with the executive agencies such as the Department of Business and Professional Regulation, and obtain legislative support from leadership and any and all members of the House and Senate. We propose a fee of $15,000 for this representation. TALLAHASSEE 403 EAST PARK AVE. TALLAHASSEE, FL 32301 850.5 7 7.0444 850.577.0022 FAx WEST PALM BEACH I JACKSONVILLE 505 S. FLAGLER DR., SUITE 1450 2107 SAWGRASS VILLAGE DR WEST PALM BEACH. FL 33401 PONTE VEDRA. FL 32082 56 1.253.3232 904.557.8331 561 .253.3230 FAx MIAMI 801 BRICKELL AVE. SUITE 900 MIAMI, FL 33131 305.906.01 55 Mr. Douglas E. Smith Assistant City Manager October 1, 2012 Page 2 Option 2: A more comprehensive approach would represent a full-service annual agreement for representation of any and all issues before the Florida Legislative and Executive Branches of government. Beyond any and all legislative issues that are a priority for the City, we have extensive history working on behalf of clients to receive funding through the state's budgetary appropriation process. We also are actively engaged with the Governor's office and specifically the new Department of Economic Opportunity, on economic development issues. This option would allow us to establish a full legislative agenda on issues the City supports or opposes as well as a strategy to maximize any budgetary opportunities we can identify. We propose an annual fee of $45,000 for this representation. We are very familiar with the fact that the City of Delray Beach has become one of the most vibrant and exciting places in South Florida. We think our Firm would be a great partner for the City to help it achieve its short term and long term goals. Again, thank you for your consideration and I look forward to hearing from you. Sincerely, 7,7 ?Joseph McCann BALLARD I PARTNERS EXPERIENCE. DEDICATION. RESULTS. OUR PHILOSOPHY IS SIMPLE: WE COMBINE EXTENSIVE GOVERNMENT EXPERIENCE WITH UNWAVERING ADVOCACY TO MAXIMIZE CLIENTS' RESULTS 403 EAST PARK AVENUE TALLAHASSEE, FL 32301 850.577.0444 phone 850.577.0022 fax www.ballard-partners.com ABOUT US Ballard Partners specializes in all aspects of governmental and public affairs, including legislative advocacy and administrative issues affecting agency decisions. Our philosophy is simple: We combine extensive government experience with unwavering advocacy to maximize clients' results. Ballard Partners brings a broad range of governmental and political expertise to meet the needs of its clients. Our lobbying success is grounded in our collective years of experience, a keen understanding of Florida politics, and effective representation in a myriad of policy areas, impacting a wide spectrum of state government. Ballard Partners is located in the Lively House, which was originally built in 1912 and is listed on the National Historic Register. Our Tallahassee office is conveniently situated in the heart of the downtown historic district, within close proximity to the Capitol and key administrative agencies. Our downtown West Palm Beach and Miami offices serve as a convenient location for clients in south Florida. Our Jacksonville area office serves as a central location for our First Coast clients. Our Tampa Bay office provides our central and Tampa/St. Petersburg clients direct access to our Firm's services. The Firm is made up of professional, full time governmental consultants with substantial backgrounds in legislative and administrative issues and experienced administrative support staff resulting in a close knit, effective team addressing our clients' respective needs. We employ a team of 12 registered governmental consultants residing around the State for maximum coverage and commuting to Tallahassee for meetings, Session, etc. Brian Ballard, President ..................... Joseph McCann ............................... Greg Turbeville ............................... Carol Bracy .................................... John Johnston .................................. AmyYoung .................................... Mat Forrest ..................................... Susie Wiles ..................................... Tony Boselli.................................... Sylvester Lukis................................. Bridget Nocco.................................. JanGorrie....................................... Tallahassee Tallahassee Tallahassee Tallahassee Tallahassee West Palm Beach West Palm Beach Jacksonville Jacksonville Miami Tampa "Tampa In addition to our governmental consultants we have two executive/administrative assistants, an office administrator and a receptionist. r - Nth, ,4& 'A& OUR TEAM We understand that results are what truly matter. At Ballard Partners, we are passionate, persuasive advocates who maximize results for the clients we serve. TALLAHASSEE OFFICE: Brian D. Ballard, President Named among the top 10 Republicans in Florida by Campaign & Elections Politics, Brian has earned a reputation as an aggressive and effective advocate for his clients' interests. Before establishing Ballard Partners, Brian was founder and managing partner for Smith & Ballard. He also served as managing shareholder for Bryant Miller Olive P.A. He currently serves as counsel to Panza, Maurer & Maynard, P.A. Brian was appointed by the U.S. Secretary of Commerce to the U.S. and Foreign Commercial Service Advisory Council, and also directed the transition of Governor Bob Martinez as the Director of the Office of National Drug Control Policy (Drug Czar) in the Executive Office of the President. Among his public service experience, Brian served as chief of staff in the Executive Office of the Governor, developing a special interest in environmental issues. Among his accomplishments, Brian served as chief architect of Preservation 2000, the largest public acquisition program for environmentally sensitive lands in the nation. He also served as Florida's chief negotiator with the U.S. Department of the Interior to end offshore drilling along the state's southeast coastline and the Florida Keys. Committed to community service, Brian has been a member of the Council of 100, the Collins Center for Public Policy, the American Bar Association, the Florida Bar and the City of Tallahassee -Leon County Architectural Review Board. He has received the Historic Preservation Award for his contributions in the community. In 2007, Governor -Elect Charlie Crist chose Brian and his wife, Kathryn, to co-chair the Inaugural Committee that planned and executed the events surrounding the inauguration of Florida's 44th Governor and Lieutenant Governor. Brian and his wife also served as Finance Co - Chairs of Governor -Elect Rick Scott's Inaugural Committee. Brian has been appointed to serve as the Florida Finance Co -Chair and sits as a member of the National Leadership Team for Romney for President 2012. Brian received both his Bachelor of Science degree in Business Administration and his Juris Doctorate from the University of Florida, where he was later inducted into the University's Hall of Fame. Joe McCann, Senior Vice President Before joining the firm, Joe served in a variety of staff positions in the Florida Legislature, providing substantial legislative expertise on a wide range of issues. He previously served as the campaign manager for Bob Butterworth for Attorney General, senior legislative aide to former Florida Senator Ron Klein, and legislative aide to Congressman James Bacchus. Joe gained extensive legislative knowledge and brings this experience to his clients. Greg Turbeville, Senior Vice President Greg previously served as policy director for Governor Jeb Bush where he oversaw the development, analysis and implementation of all legislative and policy initiatives. Prior to that, Greg served as chief of staff to House Speaker John Thrasher. Greg also served as the deputy council director and senior staff director for the Fiscal Responsibility Council and Fiscal Policy & Resource Committee of the Florida House of Representatives, managing and crafting tax and appropriations legislation. Appointed by Governor Charlie Crist, Greg served on the Florida Taxation and Budget Reform Commission, which made recommendations for revisions to Florida's Constitution. Carol Bracy, Vice President Prior to joining the firm in 2007, Carol served as chief of staff to Lieutenant Governor Toni Jennings. In this capacity, Carol assisted in the development and implementation of Governor Bush's Commission on the Future of Space & Aeronautics in Florida. The Commission's efforts led to the passage and implementation of the Space Florida Act, which created a new aerospace agency for the state and provided $35 million in state appropriations for NASA's Crew Exploration Vehicle project. Carol's professional experience also includes more than 10 years representing Florida's 67 counties and their elected officials at the state and federal levels. During her tenure at the Florida Association of Counties, she served as the interim executive director and the legislative director working in a variety of public policy areas including, health care, community development, housing, and appropriations issues. John Johnston, Consultant John worked for 27 years with the Florida Legislature including serving in senior staff leadership roles in the Appropriations and Transportation Committees with the House of Representatives. Prior to joining Ballard Partners, he operated a Tallahassee -based governmental consulting firm established in October 2000. During his tenure, John has developed extensive relationships with leadership in both parties in the Legislature, as well as in the Cabinet and executive offices of the State. He is considered one of the foremost authorities on transportation funding and the development of transportation policy in Florida. WEST PALM BEACH OFFICE: Amy J. Young, Managing Partner, West Palm Beach Office After serving on the legislative staff of the Executive Office of the Governor, Amy joined the private sector in 1982 as Political Affairs Coordinator overseeing the political and grassroots activities for one of the largest trade associations in the State of Florida. Two years later she was recruited to join a national law firm. Amy is a long-time health care advocate who has received numerous Distinguished Service Awards for promotion of women and children's health as well as awards for outstanding service from a myriad of Associations she represents. She has also represented numerous corporate clients throughout the span of her career. Amy currently serves on the BizPAC Board of Trustees, Governor's Council on Physical Fitness and the ARC Board of Palm Beach. Mathew Forrest, Consultant Mathew previously served in the offices of West Palm Beach Mayors Lois Frankel, Joel Daves and Nancy Graham, respectively. Having served in the public sector for almost a decade, Mathew gained immeasurable experience in marketing and media campaigns, project management, soliciting and negotiating sponsorship agreements and community networking. He brings significant community contacts, networking opportunities and professional relationships to the West Palm Beach office. JACKSONVILLE OFFICE: Susan "Susie" Wiles, Managing Partner, Jacksonville Office With a professional history based in government relations, communications and public affairs, Susie Wiles has more than two decades of political insight. As a public affairs/media relations professional, Susie brings this expertise to Ballard Partners' client portfolio. Her record of success has been recognized nationally, receiving numerous awards in the fields of organizational leadership and communications in Florida. Susie was Presidential candidate Jon Huntsman's first national campaign manager and worked to recruit the team and develop early- stage processes before a departure after six months. In 2010, Susie served as campaign manager for Florida Governor Rick Scott's successful election. Her national political experience includes service for President Ronald Reagan, former Congressman Jack F. Kemp and includes a senior role at the Department of Labor. Susie also previously served as co-chairman of the McCain - Palin 2008 campaign in Duval County and as a Transition Team member for former Florida Governor Charlie Crist. Susie's political and communications experience is also well -rooted in Jacksonville and throughout North Florida. Susie served in senior level positions in the administrations of the two most recent mayors of Jacksonville. In the office of former Jacksonville Mayor John Delaney, Susie served as Chief of Staff and later as Communications Chief for Mayor John Peyton until August 2008. With a history in managing a variety of complex campaigns and initiatives, Susie's private practice experience has led her to work with many of Florida's most important corporations. Susie previously represented clients in the areas of environmental permitting, education, insurance, grassroots activism, water services and railroads. Throughout her extensive career, Susie has maintained her dedication to Jacksonville and the State of Florida, serving on a number of local and statewide organizations such as the Jacksonville Women's Network, the Jacksonville Journey Oversight Commission, Republicans for Environmental Protection, Preservation North Florida, FreshMinistries, the Mission House and is a past board member of St. Johns Forever. Tony Boselli, Managing Partner, Jacksonville Office Tony Boselli, a former Jacksonville Jaguar and five -time All -Pro offensive tackle, has a long history of assessing and successfully exceeding client needs. Tony brings strong relationships with key decision -makers and business leaders nationwide to Ballard Partners' Jacksonville office. Before joining the firm in early 2011, Tony served as managing partner at the Florida office of IF Marketing & Advertising where he will continue his strategic alliance and business development efforts with the firm. In this role, Tony oversees the strategic planning and overall growth of the firm and will further similar business development efforts for the Jacksonville location of Ballard Partners. With a long commitment to the Jacksonville region, Tony recently served as the Commissioner of the Team Teal campaign to reverse the downward attendance trend for the Jacksonville Jaguars. His efforts helped to increased tickets sales by 44 percent. A graduate of the University of Southern California, Tony was the first-ever draft pick of the newly formed Jacksonville Jaguars in 1995. He was later selected as the inductee of the "Pride of the Jaguars," the team's official Hall of Fame. In 1995, Tony founded the Boselli Foundation, a non-profit organization which provides academic and athletic support for at -risk Jacksonville - area children. Furthermore, he is an active member in his community, regularly speaking to youth groups about his life and sports experiences. MIAMI OFFICE: Sylvester Lukis, Managing Partner, Miami Office Syl brings more than 30 years of legal and government relations consulting experience at the federal, state and local levels to Ballard Partners. He previously served on the U.S. State Department's Cuban Haitian Task Force and as a principal assistant to the general counsel of the U.S. Department of Health and Human Services. After leaving federal employment, Syl served as principal lobbyist for a D.C. firm, working on behalf of several local governmental entities, including Miami Dade County, the cities of Miami and Miami Beach and the Miami Dade County School District. Before joining Ballard Partners, Syl moved his operations to Florida in 1996, where he established a state and local government relations consulting practice serving the cruise, health, corrections, infrastructure, communications and information technology industries. TAMPA OFFICE: Jan J. Gorrie, Managing Partner, Tampa Office Prior to joining the Firm, Jan has spent more than 20 years advancing her extensive government affairs career while lobbying the Florida Legislature and Executive Branch on behalf of numerous clients. With an expertise in health care law, Jan has represented various divisions of Florida's hospital system as well as public universities' Colleges of Medicine. Jan's contribution to the state's health care public policy and Medicaid reimbursement laws has increased Floridians' access to medical services and improved compensation rates for physicians and hospitals. Jan has also worked within the private sector with major insurance companies and several economic development organizations. As one of the state's leading transactional and administrative health care lawyers, Jan is routinely asked to testify before the Florida Agency for Health Care Administration and Florida Department of Health where her expertise is sought on reimbursement, licensure, and provider application mattes. Jan is also a member of The Florida Bar a well as the Hillsborough County Bar Association. Bridget Nocco, Consultant Known nationally as a top -tier Republican fundraiser, Bridget has worked alongside Florida's leading candidates and elected officials in the legislative and executive branches and now directs Ballard Partners' fundraising initiatives. Prior to joining the firm's team, Bridget worked with the Republican Party of Florida to help spearhead fundraising efforts for Governor Rick Scott and former Attorney General Bill McCollum. Throughout her career, Bridget has successfully led dozens of successful fundraising operations to help secure election victories for numerous lawmakers, including former House Speaker Tom Feeney. In addition to her campaign fundraising background, Bridget's earlier professional experience involved key roles with the Florida legislature including serving as a senior aide to House Speaker Feeney. Later, Bridget continued to work with House leadership as top fundraiser for former House Speaker and current U.S. Senator Marco Rubio. 0 A* '40 OUR PRACTICE Whether it is a complex problem involving multiple branches of government, strictly a legislative matter, or issue advocacy beyond the halls of the Capitol, we believe our combined team experience will give your cause a competitive edge. At Ballard Partners we believe maintaining the highest degree of quality representation is central to our successful and continued relationship with our clients. Our experience, resources and dedication effectively prepare us to undertake the most complex issues facing our clients. No work is undertaken by the firm without a thorough review of the schedules of all our members, to ensure that the utmost attention, resources and energy will be devoted to each client. Availability and accessibility of all our professionals is our commitment to you. LEGISLATIVE, ADMINISTRATIVE & REGULATORY EDUCATION HEALTHCARE LOCAL GOVERNMENT TRANSPOR'T'ATION The cornerstone of our practice is legislative and executive branch representation. Successful advocacy before the various state agencies and key staff has long been a strength of our Firm. We implement the best advocacy plan for your cause. Our team has successfully advocated on behalf of an array of corporate entities including: • Amazon.com • AutoDesk • Avaya • Blue Cross Blue Shield of Florida • Citigroup • Cornerstone Development Group • Delaware North Companies • Deloitte Consulting • Dosal Tobacco • Florida Association of Destination Marketing Organizations • Florida Coalition Against Domestic Violence • Florida Power & Light Company • Florida Yacht Brokers Association • Fortress Investment Group • GEICO • GEO Group • G.L. Homes • GTECH • Harris Corporation • Honda North America • Marine Industries Association • New York Yankees • NorthgateArinso • Oracle Corporation • Miami Heat • 3M Company • United States Sugar Corporation • Verizon • Xerox Corporation We represent clients on a host of administrative and regulatory matters before various agencies of state government including: the Governor and Cabinet; Agency for Health Care Administration; Boards of Medicine and Pharmacy; Departments of Agriculture, Business and Professional Regulation, Transportation, Community Affairs, Corrections, Education, Environmental Protection, Financial Services, Health, Highway Safety and Motor Vehicles, Management Services, and Revenue; Office of Insurance Regulation and the Public Service Commission. Our firm also provides substantive representation on federal regulatory issues concerning the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, the U.S. Department of the Interior and the U.S. Department of Commerce. HEALTH CARE By working with key health care decision makers in the state, our firm has established one of the most active health care lobbying practices. Our team has successfully represented major Florida hospitals, physician associations, pharmaceutical companies, nursing home corporations and others, including: • Baptist Health Care of Pensacola • Bethesda Healthcare Systems • Cardinal Health • Corizon Health • Florida Association of Speech -Language Pathologists and Audiologists • Florida Health Club Association • Florida OB/GYN Society • Florida Society of Pathologists • Florida Urology Center • Halifax Health • HCR Manor Care • Healthcare Distribution Management Association • Indian River Medical Center • International Health, Racquet and Sportsclub Association • MedImmune • Miami Children's Hospital • Mt. Sinai Medical Center • Nemours • North Broward Hospital District • Northport Health Services • Sacred Heart Hospital • Safety Net Hospital Alliance of Florida • Tampa General Hospital • VitalMD LOCAL GOVERNMENT We understand the complexities local governments face in legislative and administrative matters. We also recognize the unique interest of county and city officials, frequently negotiating on their behalf. Our local government practice manages issues vital to the operation of counties and municipalities including, environmental permitting, finance & taxation, appropriations, growth management, health care, transportation and utilities. Our local government clientele include: • City of Boca Raton • City of Palm Beach Gardens • Florida Children's Services Council • Miami -Dade County • Martin County • Osceola Legislative Efforts (Osceola County, City of St. Cloud, City of Kissimmee and Osceola School Board) • Polk County • Town of Palm Beach EDUCATION PRACTICE Our governmental affairs work has expanded to include a growing focus on the state's education system. This provides Ballard Partners the opportunity to work directly with key state officials and policymakers on behalf of our clients to shape critical education policy issues in Florida. • Council of Florida Medical School Deans • Florida Virtual School • FAMU Foundation • Foundation for Seminole State College of Florida • NOVA Southeastern University TRANSPORTATION PRACTICE Transportation needs and infrastructure demands continue to be of critical importance to the growth and economic vitality of Florida. Our diverse transportation portfolio provides an effective platform to achieve our client's goals. • Cruise Lines International Association • Florida Airports Council • Florida East Coast Railway • Florida Concrete & Products Association • Florida Concrete Pipe Institute • Greyhound Lines • HNTB Corporation • Jacksonville Transportation Authority • Signal Safe • 3M Company • .I RESULT .4 RESULTS MATTER We understand that results are what truly matter. We not only develop strategic plans we implement them. We are passionate, persuasive advocates who maximize results for the clients we serve. A few examples of our client successes include: GENERAL PERMIT FOR STORMWA TER MANAGEMENT SYSTEMS FLORIDA AIRPORT COUNCIL The Federal Aviation Authority (FAA) provides grants to the Florida Department of Transportation (DOT) Aviation Office for airport airside improvements. The grants have 18 month time frames, making it difficult to permit and complete a stormwater project within the required time to take advantage of the grant. The Firm was successful in changing law to direct the Department of Environmental Protection to initiate rulemaking to adopt a general permit for stormwater management systems serving airside activities at airports. The permit applies statewide and must be administered by any Water Management District or delegated local government. This change will allow the Department of Transportation's Aviation Office to take advantage of grant money offered by the Federal Government to address specific needs of stormwater management systems that serve airports. TELECOMMUNICA TIONS AND ENERGY TECHNOLOGY PROCUREMENT SIEMENS Worked with Siemens to procure a range of Agency business in the telecommunications arena. Successfully worked to procure data switches and telecommunications upgrades in the Department of Environmental Protection and the Department of Education. Working with the Energy Services Division we legislatively created an energy efficiency program that led to energy audits and upgrades of eight separate agencies. After this program was created in statute we worked through an extensive procurement process that assigned various energy services companies to all of Florida's executive agencies. OUTSOURCING OF HUMAN RESOURCES - PEOPLEFIRST NORTHGATEARINSO The State of Florida needed to achieve budget savings and improve the efficiency of hiring and recruiting employees in every state agency. In order to do this, the state outsourced their human resources to a private vendor. Our firm has successfully represented the winning vendor, NorthgateArinso, for eight years. During this time, we have been able to secure appropriations of $38 million per year. In addition, the state extended the contract for its maximum allowed period of time. MANDATED CONTRACTING & PRESERVATION OF FLORIDA'S TRAUMA SYSTEM SAFETY NET HOSPITAL ALLIANCE OF FLORIDA Our firm has successfully and repeatedly defeated language that would have deemed "essential providers," which includes teaching, trauma center, and regional prenatal intensive care center hospital as well as medical school faculty to be mandated participants in all Medicaid managed care plans. This language would have been extremely detrimental to the ability of essential providers to be on a level playing field for purposes of contracting with individual managed care networks as part of the overall plan to reform Medicaid. In addition, we also defeated amendments that would have resulted in undermining Florida's life-saving trauma system. RECURRING RATE REDUCTIONS MIAMI CHILDREN'S HOSPITAL Founded in 1950, Miami Children's Hospital (MCH) is South Florida's only licensed free-standing specialty hospital exclusively for children and one of only two in the state. This not-for-profit, 289 -bed hospital is renowned for excellence in all aspects of pediatric medicine. Over the last several years, the Florida Legislature has made significant cuts, upwards of a billion dollars in the last six years, to hospital Medicaid reimbursement rates. Ballard Partners has successfully worked House and Senate leadership to protect MCH from this recurring rate reduction, saving the hospital millions annually. ELECTRONIC TIMEKEEPING EMPOWER SOFTWARE The correctional officers that work on an hourly basis in Florida's prison system have always submitted paper timesheets of their work schedule. In order to modernize this out -dated system, our firm successfully passed legislation during the 2010 and 2011 legislative sessions in the state budget to require the Department of Corrections to upgrade and improve its timekeeping from a paper-based system to an electronic attendance system. Our Firm's reputation is built on tackling tough issues for the clients we serve and giving them the best opportunity for success. Our team is experienced on the ground in Tallahassee with practical expertise at all levels of State government. We are proud of not just the quality of our clients but of the long term nature of those relationships. We take that very seriously because results matter. State Legislative Lobbyist for the City of Delray Beach, Florida Proposal October 11, 2012 Submitted By: Capitol Alliance Group 106 E. College Ave # 640 Tallahassee, FL 32301 Phone: (850)224-1660 Fax: (850)224-6785 k,ontact Person: Dr. Jeffrey Sharkey I.Introduction The Capitol Alliance Group is pleased to submit this proposal to the City of Delray Beach for State Lobbying Services. As one of Florida's top state level government relations' firms in Florida with extensive experience in strategic issues' management, public policy analysis and government relations advocacy for a diverse list of private and public sector clients, as well as the creation and development of transient rental ordinances. With strong bi-partisan Democratic and Republican credentials, each member of the firm possesses strong professional experience working in the private, public and legislative sectors and is widely recognized as being a leader in the Florida lobbying corps. The firm enjoys a strong reputation for unparalleled integrity, professionalism and commitment to its' clients and to the lobbying process. The Capitol Alliance Group also has great contacts with Florida's Congressional Delegation and would be willing to assist Delray Beach in their federal priorities with a cost effective partner. The CAG partners are experts at analyzing critical policy issues, assessing economic and political trends at the national, state and local levels, and evaluating and recommending political and legislative strategies for resolving the challenges facing businesses and local governments. The partners in the Alliance each have more than two decades of experience each working inside and outside of state and local governments at the highest level, including such diverse positions as former member of the Florida Legislature, State Agency Director, Senior Staff to the Governor and Consultant to the Speaker of the House of Representatives. Their professional experience, close working relationships with Governor Scott, the Speaker (and Speakers -elect) of the House, Senate President (and Senate Presidents -elect) and other top policy makers in the Executive and Legislative branches of government, coupled with their extensive knowledge of the political process, and their enthusiasm and stringent business ethics, makes The Capitol Alliance Group one of the premier lobbying and issues management groups in Florida and an excellent legislative consultant partner for City of Delray Beach. The firm's clients represent a diverse cross section of public and private sector interests, but CAG is known for its strong knowledge base and expertise in legislative and agency issues related to local governments, including transportation, economic and tourism development, housing, urban and community development, property taxation and environmental permitting and regulation, among others. II.Firm Background The Capitol Alliance Group, Inc. has a stellar reputation as a government relations' consulting firm with a proven track record of success in serving a broad range of client's interest at the state and local level in Florida along with a strong presence in DC with the Florida congressional delegation. Created in 1995 in Tallahassee, FL by a team of seasoned government relations professionals with diverse political and professional lobbying experiences, the Capitol Alliance Group has client and professional interests ranging from Pensacola to Jacksonville to Key West. Led by Dr. Jeffrey Sharkey, the professional staff includes 6 research and support staff, all focused on providing high level, quality service to the diverse array of clients represented by the firm. The firm prides itself on outstanding client services, research driven strategies, and performance based outcomes. With offices in Tallahassee, and professional associations with firms in West Palm Beach, Jacksonville and Atlanta, the firm's partners have a strong understanding of the critical legislative and regulatory issues affecting businesses and organizations. The firm is best known for its' ability to analyze complex policy issues, assess economic and political trends, and recommend successful political and legislative strategies for resolving the challenges facing their public and private sector clients. In addition, the firm's core operating principles value straightforward, honest and frequent client communications to help manage and maintain client expectations during the ever-changing issue dynamics during the legislative session in Tallahassee - extremely important in working with local government elected officials and staff who need to understand the impact of policy decisions on their citizens and budgets. The members of Capitol Alliance Group understand the needs of local elected officials and staff and are extremely familiar with the issues facing local governments at the state level, and the possible implications they might have on the City of Delray Beach. Their close working relationships with top policy makers in the Executive and Legislative branches of government, extensive knowledge of the political process, unbridled enthusiasm and stringent business ethics, has made The Capitol Alliance Group one of the premier lobbying and issues management groups in the Southern region. III.Client Representation We have provided a summary list of clients the firm has represented over the last several years. As indicated, the firm's government relations advocacy focuses on a wide variety of industry and local government interests affecting almost every aspect of Delray Beach and Florida; including: Local government finance and operations • Aerospace • Property Taxation Transportation • Information and Systems Technology • Public Safety and EMS • Coastal Erosion and Beach re -nourishment • Economic and Tourism Development • Property Insurance Pension Funds and Retirement plans • Workforce and Affordable Housing • Sustainable Community Development • Growth Management • Telecommunications • Energy and Alternative Energies Education • Health Care More importantly, Capitol Alliance Group professionals focus extensively on the state appropriations process, working hard to insert client budget priorities into the agency and Governor's budget and working closely with the legislative appropriations members to ensure successful passage of budget items in the final appropriations bills. W.Local Government Advocacy Experience CAG has represented local governments, special districts, and community public private partnerships to the Florida Legislature, Governor's office and state agencies, including Leon County, City of North Miami, City of Key West, City of Tallahassee, and others. The firm has a first-hand understanding of local government financial and fiscal dynamics, infrastructure requirements, regulatory concerns, growth management pressures, and the unique, if not strained, working relationship that has emerged over the last several years between the legislature and local counties and cities. The CAG partners are well versed on the impact of "unfunded mandates" from the legislature, the recent fiscal pressures created by the property tax reform initiatives, as well as the unique legislative obstacles and opportunities available to City of Delray Beach. CAG has worked closely with the Florida League of Cities in pursuing their legislative agenda on behalf of all of it's members. Recently, representing Leon County in the Capitol City, our role has often been to work closely with FAC and the League on the development of legislative strategies on a myriad of issues. V.Advocacy Team for the City of Delray Beach The Capitol Alliance Group will assign it's top legislative professionals to service the contract with the City. Often times, lobbying firms will delegate responsibilities for local government issues to junior staff. CAG understands the complexities of local government issues and believes that its best team needs to be "on the field" to ensure success on these issues. For many years, state government passed frequent unfunded mandates on to cities and counties and questioned local governments' home rule authority. Because of that mindset, we believe our top lobbyists need to be at the forefront communicating and advocating with legislators on the needs of the city. The following chart identifies the professional client management team assigned to the City of Delray Beach contract. Dr. Jeffrey Sharkey (Project Manager) — Dr. Sharkey is the founding member and Managing Partner of the firm. He has over 22 years of lobbying experience in addition to 6 years of employment at senior positions in the Executive and Legislative branches of Florida Government. His lobbying expertise includes transportation, infrastructure, growth management, affordable housing and ad valorem taxation. In addition, Dr. Sharkey is widely known for his knowledge of highway, transit, rail, seaport and airport funding, as well as growth management, water and waste water infrastructure regulation and financing. He is well versed on local government legislative issues, having represented the City of Tallahassee for 5 years and currently representing other cities and special districts around the state of Florida. Dr. Sharkey has been at the forefront of advocacy of affordable housing since the aftermath of Hurricane Andrew in 1992. He and the professionals in his firm have a great deal of expertise in successfully addressing the legislative and regulatory issues facing local governments and businesses interested in sustainable community development, infrastructure financing, and transportation access. He has developed strong professional relationships with the legislative leadership, committee and appropriations staff, the Governor's office and Agency heads to ensure the needs of his clients are understood and respected. In addition, Dr. Sharkey has been actively involved in statewide issue campaigns for over fifteen years, providing him rare insight into the politics and an ability to shape successful business and community development projects. He has been successful in creating, mobilizing and evaluating public policy issues and trends to position his clients to prepare and take advantage of new challenges and opportunities occurring in the arenas of state and local governments. He is ultimately familiar with the dynamics that are created when local, state and national politics intersect with the desire to shape public policy in the local, Legislative or Executive branches of government. Dr. Sharkey is closely attuned to the budget and other community issues facing the City of Delray Beach. Having lived in Palm Beach County for 5 years and spending ample time in Delray Beach, he is familiar with the structure and operations of local government and can help immediately to enhance the city visibility with state legislators and state agencies quickly and effectively. Dr. Sharkey began his professional career as a teacher and school administrator and has worked in England, Thailand, Latin America and in other parts of the world as a consultant for various international agencies. He has worked for the Dept of Education, Office of the Governor, and Florida Legislator, all in senior staff positions. A native of Minnesota, he holds a B.S. degree in English, a M.Ed. in Educational Research, a M.S. in Sociology and Economics and a Ph.D. from Florida State University in International Development. He serves on a multitude of non profit boards, including Florida Association of Volunteer Action for the Caribbean and the Americans, Children's Miracle Network, member of Leadership Florida and He is also a small business owner with several restaurants in Tallahassee. He is married and lives in Tallahassee. Mr. Corey Peterson — Mr. Peterson is the Legislative Programs Manager for the Capitol Alliance Group and longtime resident of City of Delray Beach. During Corey's tenure in City of Delray Beach, he was immersed in the issues effecting the county and it's residents. Corey has specific City of Delray Beach knowledge of the space industry, coastal economic development, tourism, education and property insurance. With Four years of direct legislative experience with major appropriations issues and a concentrated focus on local governance, property taxation, and agency regulation issues, he has proven herself to be a tireless advocate for client's interest. In addition to legislative issues management, he has developed excellent relations with the state agency management leadership and interfaces regularly with the agency Secretaries to ensure that clients have access to top decision makers. Mr. Peterson is a graduate of Florida State University. He is responsible for mobilizing legislation and communicating with legislators and agency representatives on the needs of the clients. Mr. Peterson lives in Tallahassee Mr. Joseph H. Arnall — Mr. Arnall was a member of the Florida Legislature from the Jacksonville area for 12years, from 1990 to 2002, serving as the powerful Rules Chair for the last 4 years of his career when the Republican minority took over as the majority. He is now a partner with Capitol Alliance Group and manages the Jacksonville and Atlanta offices. During his tenure in the legislature, he was respected by his colleagues as a strong advocate and expert in a variety issue areas, including insurance, growth management, transportation, telecommunications and banking. Mr. Arnall is a Chartered Life Underwriter and Financial Consultant by profession, and his business interests include insurance and real estate. He has been an effective lobbyist for a variety of client interests and has maintained his strong relationship with leadership in the Florida Legislature and Governor's office. He has held membership in Chartered Life Underwriters, Jacksonville Chapter; Life Member of the Million Dollar Round Table; Jacksonville Chamber of Commerce; National Trust for Historic Preservation; and the American Legislative Exchange Council; the Georgia Chamber of Commerce and the Florida Chamber. VI.Why Choose Capitol Alliance Group ➢ Ability Character and Skill of the proposer to perform the Contract The Capitol Alliance Group is widely respected by Legislators, Executive Branch leadership and other lobbyists as one of the top statewide legislative advocacy firms in Florida. Based in Tallahassee, and with affiliated associates in West Palm Beach, and Jacksonville, the firm's partner's have over 50 years of experience working inside and outside of state and local governments. The firm's principles have extensive experience representing cities, counties, special districts, and CRA's as well as a wide variety of industries and businesses throughout the state so they understand how large and small policy decisions contemplated in the halls of the Capitol affect the ability of public and private entities to manage their organizations, customers and their future. The firm partners have personal experience working the process as legislators, legislative staff directors, senior Governor's staff, cabinet aides and other positions within state government so they understand the culture of decision making within that environment. As private government relations professionals, they have represented a significant diversity of issues affecting almost every facet of Florida. Between the partners collectively, the firm has drafted and passed over 50 pieces of legislation, worked to secure hundreds of millions of dollars in appropriations and defeated hundreds of bills and amendments that would harm the interest of our clients. We have exceptionally strong skills in working the appropriations committees in the House and Senate as well as a wide variety of substantive committee issue areas. Representing local governments takes a unique set of skills and communication abilities, which members of CAG have honed to ensure we meet our local government client expectations. We have attached a letter of reference from the Leon County County Administrator, one of our local government clients with whom we have worked and performed successfully. We bring a unique blend of tireless enthusiasm, unparalleled knowledge of the legislative process, and exceptional advocacy skills to our clients needs. The firm has a strong affinity, history and understanding of issues directly related to the City. In particular, key members of the firm have longstanding ties to Palm Beach County. In addition the firm is one of the top lobbying firms in Florida on issues related to seaport, airport and intermodal transportation issues, having represented the Florida Ports Council for io years, the Florida Airports Council for 4 years and the Florida Intermodal Transportation Association since it's inception. Also, the firm is well respected for it's knowledge of sustainable community development, growth management and coastal management, all of which are directly related to Delray Beach economic, community and social development. ➢The Character, Integrity, Reputation, Judgment, Experience and Efficiency of the Firm The CAG firm is committed to the highest levels of professionalism, commitment to client goals and reputation and successful accomplishment of the clients' legislative and regulatory agenda. Survivability in the government relations advocacy business is directly related to the trust your clients place in you and how well you maintain that trust. The CAG has been successfully proving to clients our dependability, honesty and integrity for over 17 years, with a tremendous level of client retention, which is a testimony to what we believe is a level of outstanding service and professionalism. Our experience allows us to navigate the complicated legislative process quickly and effectively. Our cultivated relationships with top legislative leadership in both chambers and both parties allows us access to key decision -makers, accurate assessment of emerging issues, and input into final decisions on legislation, amendments and appropriations items. All of this, combined with our strategic insights into how issues trend in multiple dimensions during legislative discussions, allows us to successfully affect the changes that our clients need during this process. We are certain that our extensive institutional knowledge of the legislative and regulatory process, superb relationships with the Governor, Senior Cabinet members and Legislators, along with their strategic political acumen will prove to be invaluable during the tumultuous legislative and budget process over the next year. ➢Knowledge of the General Character and environment of Florida Cities, including successful experience serving local governments in Florida As mentioned, CAG has represented local governments, special districts, and community public private partnerships to the Florida Legislature, Governor's office and state agencies, including Leon County, City of North Miami, City of Key West, City of Tallahassee, and others. The firm has a first-hand understanding of local government financial and fiscal dynamics, infrastructure requirements, regulatory concerns, growth management pressures, and the unique, if not strained, working relationship that has emerged over the last several years between the legislature and local counties and cities. The CAG partners are well versed on the impact of "unfunded mandates" from the legislature, the recent fiscal pressures created by the property tax reform initiatives, as well as the unique legislative obstacles and opportunities available to City of Delray Beach. CAG has worked closely with the Florida League of Cities in pursuing their legislative agenda on behalf of all of it's members. Because of this, we understand extremely well the concerns and culture of cities and local governments. We have attached a list of successful appropriations items for our local government clients for your review. In addition, CAG works year round, not just during legislative session, on regulatory and state agency issues for it's local government clients to assist with their needs. This is particularly important with the level of federal funding flowing into the state through various agencies. We would assist Delray Beach in pursuing funding for projects that are either on the federal stimulus list or for which they may be eligible. ➢ Legislative Reporting Capitol Alliance Group believes in keeping their clients informed of the latest developments with pending legislation and proposed actions by state government agencies and officials. For that reason, the members of Capitol Alliance Group use an integrated communications system to keep clients aware of all developments. To ensure success, Capitol Alliance Group holds weekly conference calls to discuss priorities, strategies and intelligence. Also, Capitol Alliance Group provides weekly legislative updates entitled "Capitol Update" to offer important legislation tracking information. These updates are provided during committee weeks and throughout the Legislative Session on every Friday by 5 p.m. This valuable piece of information allows for Capitol Alliance Group and its clients to prepare for the week ahead and reflect on the movement of legislation throughout the process. This effective tool provides enormous benefit to the client and tracking the progression of their established priorities. VII.Compensation We are providing a two tiered Fee for Service proposal. The first is for a Single Issue contract, where CAG would be hired to successfully accomplish legislative approval on one major item for the City. The second contract is for a full legislative advocacy arrangement where CAG would advocate on behalf of the City for any and all issues affecting the City. ➢ Single Issue Contract - The all inclusive retainer fee for State Lobbying Services as identified in this proposal shall be $25,000 for eight (8) months (November 1, 2012 through July 1, 2013 — the 2013 Legislative session). The fee shall be paid in monthly installments. ➢ Full Service Contract - The all inclusive retainer fee for Full Contract State Lobbying Services as identified in this proposal shall be $45,000 for twelve (12) months. This will include monitoring, advocating and mobilizing on all issues affecting the City. The fee shall be paid in monthly installments. References Leon County 301 S. Monroe Street, 5th Floor Tallahassee, FL. 32301 Contact Person: Vince Long, County Manager (850) 606-5300 Date of Contract: October 1, 2008 to present Capitol Alliance Group has worked with Leon County on numerous issues during this last legislative session including the American Recovery and Reinvestment Act of 2oo8 (ARRA), Health and Human Services, Energy, Economic Development, Transportation, Affordable Housing and countless other priorities. During the initial Economic Stimulus discussions, Capitol Alliance Group began meeting with Agency Secretaries and the Governor to position Leon County to receive the maximum amount of funds available. Because of these important meetings, Leon County secured over $9million in Road improvement funds during the initial allocation period. Other efforts by Capitol Alliance Group on behalf of the Leon County include securing additional Down Payment Assistance Funds, Inclusion in statewide prison diversion pilot program as well as many others. City of Key West 525 Angela Street Key West, FL 33040 Contact Person: Mayor Craig Cates, (305)809-3888 Date of Contract: June 5, 2007-2012 Capitol Alliance Group is working with the City of Key West to develop strategic relationships for the development of community sustainability and affordable housing. Working with both public and private sector partners, Capitol Alliance Group has developed a short and long term housing strategy and transient rental strategies for properties owned by the City and other public and private entities. While in Tallahassee, Capitol Alliance Group is working on identifying and nurturing new affordable workforce housing opportunities for the City. Capitol Alliance Group is tireless in their efforts in Tallahassee to bring more affordable workforce housing policy that will benefit the City of Key West and others. Port of Palm Beach iElith St#400 West Palm Beach, FL 33404-6921 Contact Person for Contract and Procurement: Manny Almira, Director (561) 842-4201 Date of Contract: July 1, 2005 Throughout the years of representing the Port of Palm Beach, Capitol Alliance Group has coordinated efforts with The Governor's Executive Office, Office of Tourism, Trade and Economic Development, Department of Transportation, Department of Environmental Protection, The Agency for Workforce Innovation and many others. Capitol Alliance Group is responsible for identifying new business opportunities for the Port in the Legislature as well as monitor legislation that impacts the Port of Palm Beach. Capitol Alliance Group realizes the importance of international trade and tourism to Florida's ports. With Port Canaveral located in the shadows of Kennedy Space Center, many tourists and businesses find Port Canaveral to be a prime port of call. Using industry contacts, knowledge and business development principals, Capitol Alliance Group will be able to assist City of Delray Beach in accelerating growth at Port Canaveral and the surrounding areas. Dr. Jeff Sharkey, Founder and partner in Capitol Alliance Group has also provided lobbying services for groups such as The Florida Maritime Industries Association, Florida -Caribbean Cruise Association and the Florida Ports Council. City of Destiny ioi Pugliese's Way, Suite Zoo Delray Beach, FL 33444 Contact Person for Contract and Procurement: Sara Paul (888)2DESTINY Date of Contract: July 21, 2008 Capitol Alliance Group was contracted by the City of Destiny to assist in the development of an Integrated Intermodal Distribution Center for this newly created city. The City of Destiny is in development to become the first Eco -Sustainable Green City. Because of Capitol Alliance Group's previous experience and background in intermodal transportation policy and planning, Capitol Alliance Group was chosen during a worldwide search. Working on such a large project required the firm to work closely with CSX, FEC, Department of Transportation and many other private and public entities. Along with intermodal transportation policy and planning, Capitol Alliance Group is assisting with green -company recruitment and economic development opportunities. City of Tallahassee Contact Person: Anita Favors Adams Street Tallahassee, FL 32301 Date of Contract: 1998-2005 A. Provide list of current clients, a brief description of the services provided, the term of the contract with each client, number of years each client has contracted with the firm, and the fees charged by the clients. ■ City of Key West — Capitol Alliance Group currently is working with the City of Key West to develop a strategic affordable housing plan that will provide more affordable housing options for Key West residents. Capitol Alliance Group is responsible for consulting with affordable housing stakeholders to determine need and viability of proposed projects. Also, Capitol Alliance Group is in charge of securing public and private partners for the City to assist in the creation of new affordable housing units. The City of Key West has been a client of Capitol Alliance Group since June 2006 and will remain under contract through June 2010. The fees for this contract are based on hourly work and average around $4,000 a month. • City of Destiny — Located off the Florida Turnpike in Osceola County, Destiny is America's first eco -sustainable community. Capitol Alliance Group is developing a strategy for the successful creation of an Integrated Intermodal Distribution Center at Destiny. The contract extends through June 2010 with a monthly fee of $2,500. Capitol Alliance Group and Destiny began working together in July 2008. ■Leon County - Capitol Alliance Group has represented Florida's Capital County for the last 3 years as the County's primary State Lobbying Firm. Working with our Federal Partners, Patton and Boggs, Capitol Alliance Group has advocated on behalf of Leon County on a wide variety of issues including economic development, affordable housing, septic tank mandates and health department services. The contract for services and fees are for $4,000 a month. • AT&T • All Saints Square — All Saints Square is a 42 unit, mixed use workforce housing development in Tallahassee Florida. In the heart of downtown Tallahassee, All Saints Square is a vital part of Tallahassee's Gaines Street Revitalization Plan. Capitol Alliance Group is assisting All Saints Square with the Credit Underwriting portion of the Community Workforce Housing Innovation Pilot Program (CWHIP). Part of the firm's responsibilities is educating the client on state, local and federal policies and programs incentives for workforce housing. As well as identifying state and federal financial resources and regulatory incentives to help fund the clients' CWHIP project in Leon County. Capitol Alliance Group began work with All Saints Square in June 2008 and will continue to work with the client until credit underwriting is complete. The fees associated with this contract are $30,000 for the entire underwriting consulting. •Benderson Development — One of the nation's largest privately owned development companies, Benderson Development Company currently owns and manages over 250 properties in 35 states. Their portfolio includes 29 million square feet in industrial parks, office buildings residential communities, hotels and self storage facilities. Capitol Alliance Group is currently doing affordable housing consulting for Benderson Development in 2 counties in Florida. A portion of Capitol Alliance Groups' responsibilities include identifying and nurturing new housing opportunities for affordable workforce housing with state, federal and local housing policy makers. Capitol Alliance Group has been working with Benderson Development since June 2008 and has a contract running through December 2008. Affordable housing consulting fees for this contract are $5,000 monthly. ■Big Bend Community Based Care — One of Florida's Community Based Care Lead Agencies, Big Bend Community Based Care is responsible for overseeing foster care services in Florida's Panhandle. Capitol Alliance Group is responsible for monitoring pending legislation; identifying Legislative and Executive Branch foster care child support funding. Capitol Alliance Group also provides legislative advocacy to protect and strengthen the Panhandle's foster care agencies. The contract between Capitol Alliance Group and Big Bend Community Based Care is for 12 months, ending in March 2009. Fees associated with this contract are $3,500 monthly. • Capital Trust Agency — Capitol Alliance Group is responsible for monitoring affordable housing trends and state housing priorities. Other responsibilities include: meeting with the Legislature, Governor's Office, Florida Housing Finance Corporation and other statewide affordable housing organizations to educate and advocate for support of Capital Trust Agency's programs. Capital Trust Agency has been a client for 5 years and their contract is through December 2009. The fees for this agreement are $3,000 monthly. • Community Education Centers/Civigenics — Community Education Centers (CEC) is a leading provider of treatment and educational services for adult and juvenile corrections and social services populations throughout the United States. Capitol Alliance Group is responsible for assessing corrections and offender treatment funding priorities at the state level. Other responsibilities include organizing meetings with key corrections and juvenile justice policymakers, assistance in applying for the operation of one or more private correctional facilities administered by the Department of Management Services. Capitol Alliance Group has been working with CEC for over 4 years and continues to be under contract until October 2008. Monthly fees associated with this contract are $2,500. • Florida Intermodal Transportation Association ■ "Go Green" Florida - Capitol Alliance Group is working with Coalition for Renewable Energy Solutions to develop the "Go Green" Florida license plate. The license plate is being developed to raise awareness in creating a sustainable environment. Funds generated from this license plate will be used to provide educational opportunities for children interested in green technologies, sustainable development and responsible living. Capitol Alliance Group is helping Coalition for Renewable Energy Solutions in the application process associated with the Florida Department of Highway Safety and Motor Vehicles. Along with the application process, Capitol Alliance Group will be finding a legislative sponsor, who will oversee the passing of the "Go Green" license plate legislation. This contract runs through May 2009 and is for $2,500 monthly. • HRH/G1enCairn — Capitol Alliance Group is currently working with HRH/Glencaim to assess the status of insurance and reinsurance polices and programs in the State of Florida. Additionally, Capitol Alliance Group is responsible for meeting with members of the Cabinet to discuss Property and Causality insurance and reinsurance solutions. Capitol Alliance Group will identify new business opportunities with public and private entities throughout Florida. The terms of this contract are for 12 months, ending in July 2009, with a $6,000 monthly fee. • Lee County Habitat For Humanity — Capitol Alliance Group is responsible for monitoring state housing issues in the legislature, Governor's Office and Florida Housing Finance Corporation. While working with Lee County Habitat for Humanity, Capitol Alliance Group continuously has organized meetings with key housing policymakers, as well as worked to pass legislation to fully fund the Community Contribution Tax Credit program. Every month, Capitol Alliance Group provides Lee County Habitat for Humanity with a legislative update and issue report. Capitol Alliance Group has been working with Habitat for Humanity for four years and has a contract currently that runs through July 2009. Capitol Alliance Group's fee for affordable housing consultation is $4,583 monthly. • Margaritaville Holdings, LLC ■MDG/Fountain Lakes LLC. — MDG Corp. is affordable housing developer in Collier County. Capitol Alliance Group is currently assisting MDG with their Community Workforce Housing Innovation Pilot Program (CWHIP) application. MDG was recently selected for a $5 million forgivable loan to develop affordable housing in Collier County. Capitol Alliance Group is not only responsible for the submission of MDG's application for CWHIP, but also identifying additional funding opportunities for the client's project. The contract between the two parties is for $40,000 and is valid through the completion of the client's project. • National Electrical Contractor's Association (NECA) — Capitol Alliance Group has been working with NECA for 4 years, helping educate and advocate for electrical contractors, the building industry and other areas identified by the client. Other duties include providing accurate and timely information, intelligence feedback, and communication on developments of any legislative or agency issues. The terms of this contract is for 12 months, ending in January 2009. Capitol Alliance Group is paid $3,000 a month for services provided. • North Miami Community Redevelopment Authority • Port of Palm Beach — The Port of Palm Beach is currently in the process of developing an Inland Cargo and Freight Distribution Center. This inland Intermodal logistics hub is essential to the economic development of South Florida and the state. Capitol Alliance Group is acting as the liaison between the Port and state policymakers in order to keep the Port of Palm Beach as the lead agency associated with the Southeast Distribution Center. Other roles include: acquiring financial resources to continue strategic planning for the project, and provide a business demand and site options analysis. Capitol Alliance Group has represented the Port for 2 years and the terms of current contract run through December 2009 with a fee of $2,000 monthly. ■ Prime Homebuilders — Prime Homebuilders is one of the states largest privately owned builders, with commercial and residential properties throughout Florida. Capitol Alliance Group is responsible for the development of workforce and affordable housing strategies. Capitol Alliance Group also assisted in the submission of four (4) Community Workforce Housing Innovation Pilot Program (CWHIP) applications. Duties associated with the submission of applications include: developing strategies, creating public/private partnerships as defined under CWHIP program and developing a financing structure for the projects. Capitol Alliance Group also advises Prime of potential housing opportunities and provides a monthly report of work completed. The current contract is for 6 months and runs through January 2009, with a monthly fee of $5,000. ■ Save the Manatee Club — Capitol Alliance Group is the lead advocate for Save the Manatee Club and helps develop strategies on how to best protect the needs of the species and organization. Other responsibilities include meeting with Florida's state policy and decision makers to help communicate the need of manatees in Florida. The services contract extends through November 2008 and monthly fees are set at $3,000. ■ SCA Properties — Capitol Alliance Group assists SCA properties by providing continued legislative and property appraiser support for tax abatement for affordable housing properties. It is also the responsibility of Capitol Alliance Group to pass legislation that will expand tax abatement for affordable housing properties owned wholly by non profit organizations. Capitol Alliance Group has been working with SCA for three years and continues to identify new workforce housing opportunities throughout the state. The current contract is for 12 months, ending in September 2008 with a monthly fee of $3,000. • Ticketmaster — Ticketmaster is the nation's leading event ticket agency with offices around the world. Capitol Alliance Group assists Ticketmaster by monitoring pending legislation that directly affects the ticket industry, live entertainment and internet commerce. Capitol Alliance Group is also in charge of meeting with policymakers about Ticketmaster's services, consumer protection and accountability. Another priority of this agreement is to identify new business opportunities with municipalities and other venues around the State of Florida. This contract is indefinite and the fees are $2,500 monthly • ZeroChaos — ZeroChaos is Florida's largest contract labor solutions and vendor management firm. Capitol Alliance Group has been given the task of analyzing current policies and program for state and local governments. After the initial assessment, Capitol Alliance Group will develop recommendations on how client can meet the needs of government agencies. Capitol Alliance Group is also responsible for monitoring and advocating any legislation that would further the business goals of ZeroChaos. ZeroChaos' current contract runs through February 2009 with a monthly fee of $4,500. Capitol Alliance Group has been working with ZeroChaos since February 2008. �iJ C`rA 40 CECIcECden-mi-e-mrts�u-nl-'tync. GLENGAIRN t W Habitat for Humanity" *HRHw at&t hiL6 apgnL 8 ho-gbt- * * 17-51� �� R NEC�` �,.�� AIN"It" COUNCIL Manatee. Club ticketmaster zero<a. Affordable Workforce Housing Client Issue Outcome Professional Florida Workforce Housing 2006 - Workforce Housing Drafted and passed major Jeffrey Sharkey, lead lobbyist Alliance Legislation and Workforce Housing legislation Appropriations (HB 1375) and budget approval for $50 million in funding for workforce housing. ($50 Million) Wendover Housing 2008 - $5 million funding Drafted and passed budget Jeffrey Sharkey, lead lobbyist Development for workforce housing in proviso language to secure $5 Osceola County million funding for workforce housing in Osceola County. ($5 Million) City of Key West 2007 - Affordable Housing Passage of legislation to allow Jeffrey Sharkey, lead lobbyist Regulatory relief local school district and community college to use surplus lands for affordable housing. City of Key West 2008 - Affordable Housing Passage of Legislation allowing Jeffrey Sharkey for addition Down Payment Assistance for municipalities who reduce or waive impact fees. Transportation Client Issue Outcome Professional Port of Palm Beach 2007 - appropriation for Passage of budget proviso Jeffrey Sharkey & Richard Pinsky, Inland Port Intermodal language for $200,000 for lead lobbyists Distribution Center planning phase of Inland Port project ($200,000) Port of Palm Beach 2009 - appropriation for Passage of budget proviso Jeffrey Sharkey & Richard Pinsky, Inland Port Intermodal language for $1,000,000 for lead lobbyists Distribution Center planning phase of Inland Port Project ($1,000,000) Florida Intermodal 2005 - FDOT Strategic Drafted and passed major Jeffrey Sharkey, lead lobbyist Transportation Assoc. Intermodal System plan transportation legislation on development of the state's Strategic Intermodal System plan and funding formula for FDOT's 5 year work plan. Florida Airports Council 2004/05 - Florida Airport Successful budget appropriation Jeffrey Sharkey, lead lobbyist Grants funding of $92 million (2004) and $104 million (2005) for Florida Airports grants in FDOT budget. ($196 Million) Public Safety Client Issue Outcome Professional Florida Assoc of Public Safety (2008) - Occupational Passage of legislation creating Richard Pinsky, lead lobbyist Communication Officials (EMS) Certification certification standards and training requirements for dispatchers in EMS throughout Florida Land Use Management Client Issue Outcome Professional Coalition of Affordable 2005 - DRI Concurrency and Passage of legislative language Jeffrey Sharkey, lead lobbyist Housing Providers Regulation to allow for waiver of Concurrency in DRI requirements for development of affordable housing close to major employment centers. Criminal Justice/Corrections Client Issue Outcome Professional Community Education 2007 - Community Passage of budget and proviso Jeffrey Sharkey, lead lobbyist Centers /CiviGenics, Corrections language to direct FDOC to fund 200 community based work release beds and 1264 community work camp beds ($14 Million) Property Insurance Client lissue Outcome Professional Florida Association of Housing 2007 - Property & Casualty Successful passage of Richard Pinsky, lead lobbyist and Redevelopment Officials Insurance legislation authorizing the creation of Self Insurance fund for Public Housing Authorities and waiver of assessment fees. Property Tax Reform Client Issue Outcome Professional Shelter Corporation 2007 - Ad Valorem taxation Successful passage of Jeffrey Sharkey, lead lobbyist legislation authorizing property appraisers to use rental income approach revised methodology for ad valorem assessment of multifamily affordable housing. J0/1 LEONN Leon County Board of County Commissioners 301 South Monroe Street, Tallahassee, Florida 32301 (850) 606-5302 www.leoncountyfl.gov Commissioners October 10, 2012 BILL PROCTOR District 1 Mr. David T. Harden JANE G. SAULS City Manager District 2 City of Delray Beach JOHN DAILEY 100 NW V Ave District s Delray Beach, FL 33444 BRYAN DESLOGE District 4 Dear Mr. Harden: KRISTIN DOZIER 1 am pleased to provide this letter of reference to the Delray Beach City Commission on District 5 behalf of the Capitol Alliance Group for consideration as the government relations AKIN AKINYEMI consultants for your County. I can speak from experience that the firm would provide an At -Large outstanding level of service to your County since they currently represent The Leon County Board of County Commissioners for both Legislative and Executive Branches NICK MADDOX advocacy in Tallahassee, Florida. The Capitol Alliance Group's reputation and political At -Large integrity made hiring the firm one of the easiest decisions for our Board in recent VINCENT S. LONG memory. Their extensive institutional knowledge of the legislative and regulatory process, County Administrator superb relationships with the Governor, Cabinet Members and Legislators, along with their strategic political acumen has proven to be invaluable during the tumultuous HERBERT W.A. THIELE legislative and budget processes over the past several years. County Attorney As you well know, cities and counties face extremely difficult challenges in the legislative arena and it is critically important that you have the kind of professional advocates that can ensure that your voice gets heard with your local delegation and with leadership in the Legislature and Executive Branch and that you can achieve the County's goals and objectives in these challenging times. I am extremely confident in Capitol Alliance Groups character, efficiency and the ability to deliver exceptional legislative services in Tallahassee. For the last four years, they have been extremely successful in achieving the legislative goals for our Cominission and citizens of Leon County. As County Administrator for Leon County, I feel that it is vital that we.retain experienced advocates to help represent the priorities of our residents in front of Florida's Legislature. Should you choose to hire Capitol Alliance Group, Delray Beach will have some of the most experienced and respected lobbyists in the state. If you would like additional information and a resounding recommendation for the members of the Capitol Alliance Group, you may contact me at (850) 606-5300. Vincent S. Bong Leon County Administrator "People Focused. Performance Driven." ERICKS CONSULTANTS, INC. Governmental Consulting City of Delray Beach Submitted 10/11/2012 205 South Adams Street Tallahassee, Florida 32301 850-224-0880 Table of Contents Introduction................................................................................................................................ - 2 - Expertiseand Experience............................................................................................................ - 7 - Appropriations............................................................................................................................ - 9- Federal - - 9 ........................................................................................................................................ Execution................................................................................................................................... - 10 - Some Examples of Successes....................................................................................................- 12 - PriceProposal........................................................................................................................... - 20 - Closing....................................................................................................................................... - 20 - Appendix 1— ECI Client List....................................................................................................... - 21 - Appendix II — Professional References...................................................................................... - 28- - 1 - 8- -1- Introduction It is with great pleasure that Ericks Consultants, Inc. (ECI) teaming with Adams St. Advocates (ASA), submits the following proposal to represent the City of Delray Beach on matters of governmental affairs before the Florida Legislature, Cabinet and executive branch agencies, as well as assisting on Federal matters. Our experience provides us with a keen understanding of the issues that local governments face as well as an understanding of new initiatives that the City will undertake. With vast experience representing local governments, we understand that legislative representation is critical to your success. We as a team offer unparalleled knowledge and experience in the political process, gained from years of direct participation. Through experience, dedication, knowledge of the political process and strong relationships, ECI is a highly effective full-service governmental consulting firm representing both corporate and public entity clients with legislative and state agency issues. Equipped with an in-depth knowledge of Florida government, we are trained to interact with all state and local agencies, legislative committees and executive staff. ECI has joined forces with ASA to form an extremely strong alliance in the political arena to meet the City of Delray Beach's current and future goals. David Ericks has been a government consultant since 1980. Candice Ericks joined the firm in 1998. Marty Cassini joined as general counsel 2009. Since its founding in 1985, Ericks Consultants, Inc. has represented some of Florida's top corporations and largest associations and has secured a place in Florida's political arena at both the state, county and municipal levels of government. ECI has offices one block from the Capitol in downtown Tallahassee and in Fort Lauderdale, Florida. ASA is a Florida -based consulting firm, established in response to today's fluid economic and political landscapes. ASA is a forward thinking, client centered group that provides extensive management experience in both the private and public sectors. ASA is passionate about helping clients reach their goals through a collaborative effort, all the while remaining focused on their needs from beginning to end. Simply, Adams Street Advocates, as the name implies, are advocates -willing and ready to be part of a team that will champion the City of Delray Beach's priorities. While recently formed - its team members, as discussed in more detail later in this proposal, have a long history at all levels in state and local government. Together they are a collective force committed to excellence and will work endlessly to achieve the results not only the City desires, but deserves. We have extensive knowledge and expertise in dealing with our South Florida Environment, specifically transportation, energy, public safety, solid waste, growth management, beach renourishment, rail, airports, seaports and tourism. We currently represent the City of Coconut Creek [almost 6 years] the City of Coral Springs [12 years] the City of North Lauderdale [since 2009 and previously represented], the City of Pembroke Pines [for over 6 years], the Town of Davie [cumulatively almost 6 years], the City of Plantation [more than 7 years] and recently the City of Fort Lauderdale. We have represented the Cities of Hollywood and Pembroke Park in the past. We also represent Broward County [over 15 years] and Palm Beach County [over 6 years]. We believe that the experience gained from representing these local governments provides us the capability and understanding to meet the needs of the City of Delray Beach. Please meet the members of Ericks Consultants, Inc. (ECI) -2- DAVID ERICKS is founder and President of Ericks Consultants, Inc. Dave moved to Fort Lauderdale when he was 13 years old and graduated from Stranahan High School. After returning from College at C.W. Post (Long Island University) on a football scholarship he took a position as a police officer with the City of Plantation, which transitioned him into the world of Florida politics. Dave Ericks has been a registered lobbyist in the State of Florida for almost 30 years, starting with his representation of the State of Florida Fraternal Order of Police while at the City of Plantation Police Department in 1980. Mr. Ericks was a registered lobbyist for the Broward County Sheriff's Department, the Department of Highway Safety and Motor Vehicles and the 3M Corporation before founding Ericks Consultants, Inc. in 1985. Prior to establishing his own firm, Mr. Ericks was employed by the 3M Corporation as Regional Administrator and Registered Lobbyist in Florida, Mississippi, Louisiana, and Alabama. Mr. Ericks served as Senior Executive Assistant to the Department of Highway Safety and Motor Vehicles, Administrative Assistant to the Broward County Sheriff and served on the City of Plantation Police Force. Mr. Ericks' past experience allowed him the opportunity to work with various police and criminal justice organizations, including the Steering Committee for Constitutional Amendments and the State Law Enforcement Job Task Advisory Committee for the Florida Police Standards and Training Commission. He has also represented members statewide as the President of the Fraternal Order of Police. His service in those positions has given him both law enforcement and administrative expertise at the local, county and state levels. Moreover, since establishing Ericks Consultants in 1985, Mr. Ericks has represented a multi -faceted group of clients, giving him a wide array of expertise in multiple subject areas, including the electric and telecommunication utilities, law enforcement, entertainment, healthcare, travel, corrections, solid waste, growth management, automobile, gaming, and transportation industries; as well as in the many diverse issues which face local governments on a day to day basis. Dave is a pioneer member of the Florida Association of Professional Lobbyists. Dave served as Chairman of the Tallahassee Downtown Improvement Authority for 3 years and currently serves on the Board. He presently serves on the Advisory Board of Keiser University's Tallahassee Campus and previously served as a Board Member of the Florida State Fair Authority. Dave received his B.A. Degree from Long Island University and earned his Master of Science Degree in Criminal Justice from Nova University. He is also a graduate of the F.B.I. Academy's Law Specialist School in Quantico, Virginia and has taught as an Adjunct Faculty Member for Nova University. Mr. Ericks resides in Tallahassee, Florida. CANDICE ERICKS is a consultant with Ericks Consultants, Inc., based in Fort Lauderdale, Florida. Candice was born in Broward County and grew up in the City of Plantation. Prior to joining the firm 14 years ago, Candice began her career in corporate sales in New York City, specializing in outdoor advertising and temporary staffing. Upon her return from Manhattan in 1998, Candice opened the Fort Lauderdale branch of Ericks Consultants, Inc. Candice has developed an extensive network of contacts and relationships within state and local governments and the business community and works closely with the firm's South Florida based clients. Due to her work with an extensive array of clients, Candice has developed broad expertise in numerous subject areas. Candice is active in many charitable organizations and serves as a Board Member of ChildNet, a not-for- profit organization working to protect Broward County's abused, neglected and abandoned children; the Florida Association of Professional Lobbyists (term ending January 2010), an organization committed to establishing and maintaining high standards for the lobbying profession; and Broward Days, an -3- independent, nonprofit and nonpartisan group of people advocating for diverse needs and concerns of Broward County, Florida. Candice was a member of Leadership Broward's Class of XXV, an organization that seeks to prepare members for leadership roles in their community. Candice was also recently featured by Gold Coast Magazine as one of Broward County's leading young professionals [40 Under 401 who were recognized for their professional and civic involvement in Broward County. Candice worked with Ericks Consultants, Inc. while attending Florida State University and interned during the 1994 Legislative Session in the Florida Senate. She graduated with a Public Relations and Political Science degree from Florida State University. Candice Ericks resides in Fort Lauderdale, Florida. MARTY CASSINI was born in Miami and subsequently raised in Miami Shores. He attended Miami Country Day School for most of his young life and then went on to Barry University. While at Barry, Marty earned a Bachelor of Science in Sociology with a minor in History and also played on the Men's Soccer team. After college, Marty moved to Alpharetta, Georgia. He worked for the well-respected real estate firm McCalla Raymer. During his time there, Marty administered many real estate transactions and gained a deep love for the law and moved back to South Florida to attend Nova Southeastern Law School. In 2006, Marty graduated from Nova and immediately became policy adviser and legal counsel to the Florida Senate Minority Leader. With such an opportunity, Marty acquired an in depth knowledge base of many different subject matters, including local government, gaming, insurance, health care, transportation and tax issues. Marty worked with various stakeholders on a variety of subjects. Most notably, he was involved in the property insurance rewrite of 2007, gaming bills that expanded poker rooms and slots machines at pari- mutuels, stem cell research investments, Sun Rail, removal of the affordable housing fund cap, the property tax rollback and ad valorem assessment changes, voluntary condominium termination, and high occupancy vehicle travel for hybrid cars. Since 2009, Marty has collaborated with Ericks Consultants Inc. on an array of different issues but concentrates mainly on local government, tax and gaming issues. With his legal and policy background, Marty is the analytical arm of the firm, providing detailed and in-depth reviews of all legislation moving through the process. He drafts bills and amendments and he also creates comprehensive policy initiatives. Marty offers insight and guidance on how policy changes affect the firm's clients. Marty is also a practicing attorney in the areas of corporate, business and finance law as well as local government law. Marty has served as counsel for campaigns, political action committees and other political groups. Marty serves as pro bono counsel to a local developmentally disabled school and has also lobbied pro bono for Autism related initiatives. Marty has also served as in-house counsel for campaigns, political action committees and other political groups. JANET MORRIS is the Office Manager for Ericks Consultants and works out of the Tallahassee office. Janet has an in-depth knowledge of the operation of the Florida Legislature and state government. Janet retired from the Florida House of Representatives in 2006 as a Senior Legislative Analyst in the Committee on Business Regulation. In her capacity on committee staff, Janet was responsible for the analysis of legislation dealing with alcohol, tobacco, general business and all gaming venues [lottery, pari-mutuels, slots, etc.]. Prior to her service on the Business Regulation Committee staff, Janet served as an Executive Assistant to the Speaker of the House and Majority Leader. Please meet your team from Adams St. Advocates (ASA) DAVID ERICKS is one of the founding partners of Adams St. Advocates. In addition to Dave, other founding partners that will be dedicated to your issues include Claudia Davant, Robert Beck and Tanya Jackson. CLAUDIA DAVANT, Managing Partner, was the former Managing Partner of NSI, Florida where she lead the national firm's Florida practice for almost 4 years. While there she built a broad multi -client practice that included information technology, local government, telecommunications, transportation, gaming, appropriations, healthcare, aging, education, environmental issues with a niche practice around procurement driven clients and sales/business development strategy. She has extensive experience in government and private sectors. Prior to NSI, Claudia was on the national business development team for Accenture, a global information technology firm, where she led sales campaigns for large, complex integrated systems opportunities. At Accenture she was also responsible for government relations in Florida as well as many other states and worked closely with government entities at both the state and local level in that role. Claudia moved to Florida in 2000 as AT&T's State President for Regulatory and Legislative Affairs where she worked hand in hand with key decision makers in both the Florida legislative and executive branches for 5 years. She subsequently was promoted to Regional Vice President for Legislative Affairs for AT&T where she successfully led legislative and regulatory reform campaigns in the Southern Region before the merger with BellSouth. In addition to her corporate experience, Claudia worked in government on both the state and federal levels. She served as U.S. Senator Strom Thurmond's Legislative Aide in Washington, D.C. for 3 years providing legislative analysis, constituent service and external communications. As a Policy Advisor to the Michigan House of Representatives, she led the staff effort to rewrite the Michigan Telecommunications Act. And as General Counsel and Communications Director for the South Carolina Department of Commerce, she negotiated economic development incentives with corporations wanting to do business with the state. Claudia currently serves on the Associated Industries of Florida (AIF) IT Council, Florida TaxWatch Board's Executive Steering Committee and Board, the Take Stock in Children Board and the Florida Afterschool Network Board. One of only nine recipients nationwide, she was recently honored by the Afterschool Alliance as Florida's Afterschool Champion of the Year at the "Breakfast of Champions" in Washington, DC. A South Carolina native, Claudia earned her BA from the University of South Carolina Honors College and Law degree from the University of South Carolina. ROBERT BECK brings unique and invaluable skills in public and private sector budgeting and appropriations, assisting our clients to build effective business cases that resonate with government decision -makers and procurement evaluation teams. Having served in senior roles in government -5- including Staff Director of Senate Appropriations, Budget Director for the Governor of the State of Florida, Policy Advisor to the Senate President on Appropriations, Medicaid, and General Government, Robert has leveraged his extensive public sector experience to position private sector clients to effectively compete and win multiple agency procurements since reentering the private sector in 2008. Robert's experience in health care, criminal justice, and extensive experience with Medicaid has allowed him to effectively assist his clients in developing value propositions and procurement opportunities that resonate in today's fiscally challenging environment where agencies are continually confronted with a growing workload and shrinking resources to meet these demands. Robert effectively leverages his executive branch relationships, having served in the Departments of Elder Affairs, Children & Families, Agriculture, Highway Safety & Motor Vehicles, and Management Services to create opportunities and interest by state agency stakeholders through effective communication and knowledge of agency needs. Robert understands the importance of effective business cases and sound return on investment analyses in a state government market that is becoming more and more driven to operate like a business, increase efficiency and reduce costs. Robert leverages his deep relationships in government and combines these relationships with solid business skills to create opportunities and encourage state government stakeholders to pursue them as good public policy. JIM HENRY has been involved with state government for over forty years. The last ten years he was with The Department of Children & Families as Legislative Director — most recently for Secretary Wilkins. There he coordinated the full legislative package including budget and all substantive program areas. He also served on the department's executive leadership team. Before that he was legislative coordinator for The Florida Lottery for four years under then Governor Jeb Bush. Jim also was the executive director and lobbyist for The Academy of Florida Trial Lawyers. He came to Tallahassee in 1971 and stared to work as staff director in the Florida legislature both in the Senate and House of Representatives. This unique alliance between ECI and ASA offers the City of Delray Beach a proven, dedicated and respected South Florida based team, as well as a seasoned Tallahassee based team that works and lives in Tallahassee year round. Combining the intimate knowledge of the South Florida based team with the Tallahassee year round presence is invaluable and critical to the City. Many committee, administrative and rule making hearings and other important meetings take place outside of the legislative calendar. Having the ECI/ASA dual representation allows for firsthand knowledge and insight into what is happening throughout the year and the direct effects it may have on the City. In these tough economic times the regulatory and administrative process is equally important as the legislative process. Environmental permitting issues, economic development incentives and the process of determining the economic impact of unfounded mandates are just a few examples of issues that agencies address throughout the year. We are aware of the importance of economic incentives to the City of Delray Beach and our team has solid relationships with the Department of Economic Opportunity, as well as Appropriations in both the House and the Senate. Expertise and Experience Our experience and knowledge, combined with our strong relationships throughout the Legislature, allows us to cover a lot of ground within the legislative process. Our capabilities are supported by in- house legal counsel and interns, as well as an extremely seasoned Office Manager with 30 years of experience in the legislative process. We pride ourselves on efficient coordination and organization that allows us to handle numerous tasks for multiple clients simultaneously. We believe that our long-term relationships with the majority of our clients are indicative of our past performance. In addition, ASA brings another team to the table to champion the City of Delray Beach's efforts, with additional experts in the consulting and lobbying fields. Session moves fast and decisions and legislation changes quickly so having a large team at the capitol every day and living in Tallahassee during session is invaluable to your representation and success. Another advantage to having a team that lives in Tallahassee during Session is that travel has become so costly and difficult many members of the Legislature and staff spend their weekends in Tallahassee which provides additional opportunities to spend time with decision makers while the decisions are actually happening. Our approach will be an informed and educated one. Our relationships with leadership in both the House and the Senate afford us the knowledge of what the Legislature will be focused on and an insight into what their challenges will be. We will proactively develop a strategy to successfully integrate the City's needs into the overall plan for the Legislature's plan. As soon as priorities are identified we will immediately secure bill sponsors for general or special legislation if needed, in addition to educating our local delegation. ECI has a reputation for working within the legal and ethical guidelines of the political world. Experience and personal relationships give us the ability to organize strong political support for our clients' issues, opposition to amendments that are disadvantageous to our clients, and sponsorship of legislation that is vital to our client's agenda. Reputation, access, and expertise is the strength of the ECI/ASA Team. ECI is uniquely situated by having a Tallahassee -based firm with an extremely active South Florida office, both equipped to respond to clients' needs. This dual presence allows constant visibility in both the southern and northern regions of the state. Our firm is fortunate to have very good relationships with both sides of the political aisle, which allows ECI to represent our clients in a highly effective manner. Term limits have made it such that there is no longer an off season from the legislative session. We at ECI spend the entire year in close contact with Legislators and their staff regarding interim projects, campaigns and possible legislation for the upcoming year. In addition, we continue to focus on leadership in both chambers, and of course, the strength of our tri -county delegations. We believe that being present at all times when decision makers and their staff are physically at the capital is vital to your representation. Knowing that ECI "lives" at the Capitol during the legislative session is to the city's benefit. We believe that our most effective resources are those relationships that we have formed over the years. We take pride in the fact that we have outstanding professional and personal relationships with Legislators from both parties and their staffs, the Governor's office, with Cabinet officers and staff, and with key decision makers in state agencies. In fact, during a recent team planning meeting the ECI/ASA team went through the organizational charts of every executive branch agency and determined that we have good relationships and access to every agency! This access will be invaluable to the City for any and every issue that needs to be addressed. The Florida Association of Professional Lobbyists [FAPL] was created to provide on-going training and professional development and is committed to promoting the highest ethical standards of professional -7- conduct among its membership. David Ericks is a pioneer member of the Association and Candice Ericks has served on its Board of Directors for several years and has recently been reappointed. ECI values its professional reputation and has spent years cultivating trust -based relationships within Palm Beach County and state government. ECI has a strong relationship with each member of the Palm Beach County Delegation and staff. We are confident that each current member of the Delegation is comfortable working with ECI. With elections around the corner and qualifying over we are now spending our time getting to know all of the candidates that may become new members of the Delegation. We historically attend the annual Florida League of Cities and Florida Association of Counties statewide and legislative conferences. ECI is also a member of Florida Association of Intergovernmental Relations (FAIR). Being a member of this group affords us the opportunity to utilize an additional resource. During Session this group meets twice a week to discuss and strategize on all Legislation that will affect your City, whether it be transportation, growth management, public safety etc. We have been a member of this group for many years and through this we have cultivated many working relationships and close ties between different levels of government. This participation enhances our knowledge and understanding of the challenges and trends that face South Florida cities, as well as municipalities across the state. We work particularly close with the Florida League of Cities and Association of Counties during the Legislative Session. It is especially beneficial to the citizens of the City of Delray Beach that ECI and ASA have enduring relationships with House and Senate leadership. As you know, the Legislature and the Governor's office is led by an overwhelming majority if Republicans and we maintain strong relationships with the Majority Party in Tallahassee at both the Legislative and Executive Branch levels. Only a couple of committee chairman and leadership roles have been announced for the new Senate President Gaetz or incoming House Speaker Weatherford. However, we are confident that based on our current relationships we will be well positioned regardless of which members will be appointed to key positions. For the ones who have been announced, such as the House Appropriations Chairman and the Senate Pro Tem, we have very good trust based relationships with those members. Currently we have solid relationships with the Incoming Senate President and Speaker, as well as their recently announced Chiefs of Staff. As for South Florida, we are well positioned with the Senate Minority Leader Chris Smith and House Minority Leader Perry Thurston. Both Senator Smith and Representative Thurston have worked closely with ECI throughout the years. While the Governor's office is currently transitioning to a new Chief of Staff, we have close relationships with key deputies as well as decision makers and key influencers in the Governor's Office of Policy and Budget (OPB). Our ability to represent our clients is reflected in the duration and loyalty of our business relationships throughout the State of Florida. ECI has a history of familiarizing themselves and forming strong, professional relationships with the members of city and county commissions, the Florida Legislature, cabinet offices, state agencies and staff. ECI has the proven ability to recognize the changing trends in the corporate and political worlds and uses those skills to organize, monitor, maneuver and communicate between government and client, giving both the comfort of understanding and the ability to offer compromise. Our team is also actively engaged in Associated Industries of Florida (AIF) and other business related lobbying organizations so that we understand what the business priorities are for the Legislative Session and how they will impact the City of Delray Beach. Appropriations Being successful in the Appropriations process today requires an effective strategy that builds a compelling business case to support your appropriations request. Our team will work with you to build effective business cases needed to support your appropriations issues. The competition for state funding has been nothing but fierce for the past 6 years due to Florida's revenue challenges — for six years in a row, state revenue collections have been insufficient to fund base budget expenditures. The need to develop a high-level 'return on investment' analysis to support your appropriation's priorities will also be key and we will work with your team to develop the business case needed to support your appropriations priorities. As your advocate and consultant in Tallahassee and back at home in South Florida, our focus will be on our communication, knowledge, expertise, ability and relationships to assist the City of Delray Beach with current priorities, as well as planning and laying the ground work for future goals. We understand the needs and challenges that local governments face on a daily basis and the challenges of planning in tough economic times. Our goal in supporting and advocating on behalf of the City of Delray Beach's appropriations priorities will always be to present a strategic, compelling, and focused message that differentiates and positions your appropriations requests. ECI has in depth knowledge of the state appropriations process and has been successful in obtaining line item appropriations for our clients. However, the addition of Robert Beck to our roster brings an extraordinary insight and experience to the ECI Team. Robert is uniquely qualified in the legislative appropriations arena having been an appropriations staff director for the Florida Senate. In addition, Beck held the role of chief policy advisor on appropriations for the Florida Senate President in 2004 and 2005. In addition to his legislative appropriations experience, Beck has held senior executive appointments in budget leadership acting as the Governor's budget director under Governor Crist and also holding the budget director jobs for other executive branch agencies. Beck brings the most solid experience in state budgeting and legislative appropriations possible to achieve this client's goals. Beck provides a level of knowledge to the appropriations process which has helped him to achieve results in multiple policy areas including health care -specifically home and community care for seniors, Medicaid, criminal justice, technology, education and transportation. Our team will provide continuous assistance throughout the budget process, advocating for full -funding of the City's project requests. Please note that Mr. Beck with ASA has extensive knowledge of the Florida budget process and has proven to work successfully within the extremely complicated appropriations world. In addition, we will also identify relevant funding opportunities and assist with grant requests. Keep in mind that many opportunities come up outside of the timeframe of the regularly scheduled Session and having a full-time extended team living in Tallahassee continuing to work at the Capitol is key. Members of our team will continue to work throughout the year with the Florida League of Cities and the Palm Beach League of Cities to review their policies. We will also maintain follow-up and appreciation correspondence throughout the process when appropriate. Federal Please be aware that out team has very strong relationships at the Federal level. In addition, many issues that we deal with at a state level are contingent on the Federal components. We have worked for years collectively with clients such as Broward County, Palm Beach County, other cities, South Florida Regional Transportation Authority and JM Family on issues that require federal cooperation to succeed on a state or local level. We are very familiar with coordinating efforts with our Congressional Delegation, as well as other members from around the state to achieve the desired goals. As most of the Florida Congressional Delegation came from the Florida Legislature, we have worked with them for years. For example, we have worked on transportation issues with Congressman Mica from Florida [Chairman], Congressman Shuster of Pennsylvania [next Chairman] and Subcommittee Chair Congressman Sam Graves of Missouri. We have also worked closely with the Administration for Children & Families' Assistant Secretary, George Sheldon, who served as the Secretary of the Florida Department of Children & Family Services before leaving for DC. Execution Areas of representation for the City of Delray Beach, will include but will not be limited to: transient or vacation rental issues; community residential group homes [sober homes]; economic opportunities; financial incentives; energy; beach nourishment; transportation; communications services tax; pensions; and local preemptions. We are familiar with the transient rental issue and the history of the legislation that was passed. Our team has excellent working relationships with all parties involved including Senator Evers and representatives of the Vacation Rental Managers' Association. From our recent conversations we understand the challenges regarding this issue but believe that we can be an effective advocate for the City's position. It is important to point out that, especially regarding to the sober homes issue, our team has an extremely close trust -based relationship with the Department of Children and Family Services, the Florida League of Cities, and the discussed potential sponsors in the House and Senate. We plan to collaborate our efforts on the city's behalf with both the Palm Beach League of Cities and the Florida League of Cities who are making this the top priority for this legislative session. ECI, along with ASA, will provide unparalleled representation to the City of Delray Beach. We will work closely with the Mayor, Vice -Mayor, Deputy Vice -Mayor, Commissioners, City Manager and staff in the coordination and development of the annual legislative agenda and appropriations requests, including holding workshops as necessary. Once the agenda and budget priorities are set we will then identify key legislators, as well as staff in the Governor's Office, the Cabinet and executive branch agencies regarding our specific legislative and budget priorities. We will then continue to develop and implement strategy on proposed special or general legislation in coordination with the Palm Beach County Legislative Delegation. Our team will be involved in drafting and analyzing proposed legislation, developing strategies and recommending amendments as necessary. ECI will create white papers, talking points or other educational documents to distribute to members as needed on important issues. We will arrange initial educational/ informational meetings amongst staff and members of the Legislature and executive branch agencies and will facilitate follow-up meetings as the priorities move through the legislative session. Members of our team will continuously track legislation throughout Committee weeks and Session, monitoring all state legislative committee meetings and agency hearings prior to, during and after Session and testifying as needed. -10- Our approach will be an informed and educated one. ECI is a committed consulting/lobbying firm that acts as an extended arm of our clients in every aspect. Whether it is on a state, local or federal issue, ECI works closely with each client to identify their specific needs. We recognize that each client has unique assets and needs and has their own style for achievement reports and distribution of workload. Many of our clients are team -based; therefore, the responsibilities, as well as the efforts, are shared. In other cases, we are a client's sole representation. Members of our firm will be available at all times via phone, text, fax, or email to maintain vital lines of communication throughout Legislative Committee weeks and Session. One of our strengths is the ability to take large amounts of information and present it to the City of Delray Beach every committee week or week during session. With two attorneys on the ECI/ASA team bills and policy changes are given very thorough analyses and reviews. You will receive informative and concise reports on policy matters that will detail any negative or positive effects from any particular piece of legislation. We have staff dedicated to bill tracking and reporting, updates, legislative intent, and answering any questions you may have. ECI believes that communication is the most valuable component of a client/lobbyist relationship and is the key to their mutual success. Insight and ongoing communication between the lobbyist and the client provides a better understanding of exactly what the client wants, allowing us to be successful in achieving the desired result. ECI will provide written reports and updates on a regular basis, during both the legislative session and the interim, on those issues and concerns identified by the City. During Session, the City will receive official weekly reports, as well as phone calls and emails during the week as needed. In these weekly reports the City will receive updates on the City's priorities, other legislation that City should be aware of, the overall political climate, anticipated action for the upcoming week and a suggested action plan if needed. In addition, ECI will continuously apprise the City of developing initiatives of which we believe the City should be aware, and will submit a status report on priority issues one week prior to the end of Session. At the close of Session, ECI will submit a priority report and soon after a thorough end -of -session report on specific legislation and new requirements effecting the City. Also note that should there be a specific issue that needs detailed research, we have done and will do that for our clients. We will provide that privileged information to decide on the best strategic approach with options. For example; what cities, businesses, and other legislatures are doing in other states on a particular issue. After session we would like to come to the City to talk about what transpired. Prior to the start of Interim Committee Meetings, we would like to conduct a workshop with the Mayor, Vice -Mayor, Deputy Vice -Mayor, Commissioners, City Manager and staff to discuss what has happened in the interim and what we should expect to see in the upcoming session. This will lead us into developing the Legislative Agenda for the year to come. Our team takes pride in the fact that we are in constant communication with our clients, whether it be at community events, through reports and correspondence or by phone. Although the hustle and bustle of Tallahassee calms down when session is over, we know that the City will constantly have issues with proposed bills, rule-making, administrative bodies, court cases and perhaps even issues between the state and federal government. Administrative agencies routinely promulgate new and revised rules/regulations. Ericks Consultants, Inc. and Adams St. Advocates constantly monitors the development of these proposes rules which are developed via a formal "rules hearing process" under Chapter 120, Florida Statutes. During these rule workshops, we work with the State to ensure our client's interests are not unduly burdened by a newly proposed/revised rule. During the course of rule promulgation, we analyze the proposed policies for client impact — from a legal, - 11 - operational, and fiscal impact — and provide public testimony during the rule-making process to shape the final outcome. Some Examples of Successes South Florida Regional Transportation Authority For historic background, almost ten years ago ECI was instrumental in helping to pass legislation which transformed the Tri -County Commuter Rail Authority (TriRail) into the South Florida Regional Transportation Authority (SFRTA.) The new Authority was created with a vision to provide greater mobility in South Florida, thereby improving the economic viability and quality of life of the community, region and state. The ECI Team was instrumental in the passage of major legislation that gave the Authority the power to issue, reissue or redeem bonds. Through ECI's efforts, the bill provided for discretionary bonding ability and gave the Authority the potential to receive matching funds of at least $45 million if Broward, Miami - Dade and Palm Beach counties imposed a local -option funding source. This provision guaranteed that a dedicated funding source, either from the state, counties and/or a local -option funding source, was always available to the Authority. Throughout 2008 and 2009, ECI worked with the SFRTA team to educate the legislature and other key executive agency decision makers on the critical need for additional dedicated funding. In December 2009, the Florida Legislative Special Session culminated in successfully gaining Legislative approval for additional funding; specifically, the Legislature appropriated an additional $15 million a year for five years to close the gap needed to run a full complement of 50 trains which directly benefits not just the counties but also the City of Ft. Lauderdale. This funding was critical to the on-going operation of the rail and picks up the shortfall caused by reduced funding from the county. The Team successfully secured an additional $1 million in funding during the 2010 Legislative Session. With a state budget short fall of over $4 Billion, any increase in funding was a monumental accomplishment. During the 2012 Legislative Session, Legislation was introduced to dramatically change the governance of the SFRTA Board based on recommendations by the Florida Department of Transportation (FDOT). It would have eliminated the three local representatives currently on the Board and provided for the ability to completely privatize the agency. After weeks of intense lobbying, a compromise was negotiated between SFRTA, FDOT and the Governor's office to preserve the local representation and allow the Governor additional representation without jeopardizing SFRTA's operating authority. This amendment required a complicated legislative strategy that was successfully implemented in multiple committee meetings on multiple legislative vehicles, floor support and passage. Ultimately, HB 599 was signed by the Governor and ECI is proud of the teamwork between SFRTA, Broward, Miami -Dade and Palm Beach. This huge undertaking that affected multiple counties clearly demonstrates ECI's leadership abilities to lead on complicated political and policy issues directly affecting local government. JM Family Enterprises -12- Historically, ECI has fought franchise legislation that would be harmful to the operation of JM Family Enterprises (Southeast Toyota). In the automobile industry, JM is unique in the sense that although they are a distributor, they also own a dealership. JM Family has a wonderful business relationship with its dealers, however, when it comes to franchise legislation JM normally takes the manufacturer stance. Overall, ECI has been successful in defeating franchise language or in negotiating legislation that is less injurious to JM Family. For example, during the 2009 legislative session there was a push to enact legislation that would have made it virtually impossible for a dealer to ever relocate. The language would also have nullified a provision requiring a franchisee to maintain and honor facility improvements that were in place through an already negotiated franchise agreement. ECI was successful in stripping the offensive language out of the bill on the last day of Session. Energy With the assistance of Senator Bogdanoff and Representative Moraitis, we were successful in amending both the House and Senate versions of the Energy Legislation (HB 7117) to include the words "commercial property". Adding this language expanded the ability of local governments to partner with commercial properties to further energy efficient projects which benefits local business and improves energy consumption. The energy legislation is an initiative, backed by the Commissioner of Agriculture, which would extend $16 million dollars of tax credits for renewable energy. The bill also makes a number of changes to energy laws to streamline and help implement a renewable energy plan state-wide. In addition to expanding the ability for biofuel permits the bill allows utilities to recover costs from consumers if the PSC makes such a determination after petition. Additionally, there is information on vehicle charging stations and privately owned electric charging on both energy consumption and the impact of the electric grid on the state. We mention some details of this bill because energy will continue to be a focus of future legislation and we know how important it is to the City of Delray Beach regarding vehicle charging and fueling stations, as well as green energy initiatives. There was recently a workshop in Tallahassee that ECI attended specifically on electric vehicle charging and the electrical grid. We expect a rule-making workshop soon probably in Central Florida to deal with these issues, where we will be in attendance. Seaports During the 2010 Legislative Session ECI and the coalition of Florida Seaports gained support for significant changes to port regulations. HB 963 by Representative Ray and SB 2000 by Senator Ring was Port Policy/Regulatory Relief legislation dealing specifically with the following: port conceptual permits, stormwater management systems serving overwater piers, reduction of match for rehabilitation of wharves and piers, flexibility language for FSTED program, funding process, dredging permits issued by DEP, public/private partnership authority, as well as providing an expedited process for the submission of work program amendments for seaport projects. ECI attended all committee meetings, as well as numerous meetings with the sponsors, other legislator and staff to ensure its passage. In 2011, ECI helped pass HB 283 by Representative Young/SB 524 by Senator Latvala. Florida at that time was the only state subject to both state and federal seaport requirements, including duplicative background checks and access cards. This of course put the state and specifically Port Everglades at a competitive disadvantage with other ports, as well as being costly to port users and workers. HB 283 repealed these duplicative regulations and was signed into law by Governor Scott at a special bill signing -13- ceremony. (This legislation settled the differences of the FDLE card and the TWIC (Transportation Worker ID Card). Please note that this was an ongoing battle since 2009 and we are very proud of passage of this legislation. In 2011 ECI was instrumental in working with the Ports Council to help pass language geared toward environmental processes, permitting language and seaport planning language. (Senator Ring and Representative Ray — HB 399) This legislation is beneficial to Port Everglades because of the maintenance dredging and streamline permitting language. In 2012, specific port funding for the SouthPort Turning Notch was eliminated from FDOT's five year work plan. ECI strategically led a coalition of business leaders from Broward County that included Port Everglades Board Members, members of the Greater Fort Lauderdale Business Alliance and Broward County Commissioners. We then facilitated critical meetings with key legislators and agency decision makers to reinstate that funding in the appropriations process. ECI was instrumental in working along side the Ports Council to help pass monumental seaport legislation. Increased financial assistance, as well as streamline permitting legislation was put into place to benefit Florida's 14 seaports. We worked hard to secure additional money for the FSTED Program, as well as setting up a Strategic Port Initiative to benefit the future of Florida's ports. Our efforts resulted in an increase from the previous year and specific appropriations for Port Everglades are as follows: Port Everglades $1,100,000 for the Southport Turning Notch (project funded through FSTED Port Everglades $12,000,000 for Southport ICTF on Port Rail Improvement (project funded through FDOT) Port Everglades $12,214,668 for Southport Turning Notch Expansion (project funded through FDOT) FEC/ Port Everglades ICTF $30,000,000 (project funded in the Intermodal line item) Crime Lab Crime lab funding has been a priority for the Broward County Sheriff's Office and Broward County for the last few years. Florida has five crime labs that are underfunded by the state. Prior to the 2012 legislative session, statutory authority allowed but did not require judges to impose an additional penalty to increase the funding for crime labs when they were used in the successful prosecution of a defendant. Invoking this additional fine was rarely imposed and it was not uniformly applied. This created significant shortfalls that the Sheriff's office and the County then had to subsidize with local funding. Efforts led by ECI throughout 2010 and 2011 culminated in successful changes to mandate crime lab fees in 2012 legislation. Specifically, language was passed that would require a $100 fee to be mandated when a person was convicted of a crime and the local crime lab was utilized. There are 5 local crime labs that are located in Broward, Palm Beach, Miami -Dade, Indian River and Pinellas Counties. Through ECI's strong relationships with the Broward delegation, support for the language to change the statute was garnered early in the process. This support resulted in Senator Bogdanoff (who was essential in previous efforts) committing to making it a priority during Budget negotiations. ECI worked -14- tirelessly throughout the appropriations process attending all Budget meetings and worked along side Senator Bogdanoff to gain support of both the House and Senate leadership to secure the House acceptance of the mandatory $100 fee language. We were successful in getting the House to accept the language and Senate Conforming Bill 1968 passed both the House and Senate unanimously. Our understanding is that this language will provide an estimated $5 Million funding for the crime labs. During the veto period we worked diligently with the Governor's Office to answer questions and educate them on the user fee funding source contained in the legislation. Our arguments were persuasive and the bill was ultimately approved by the Governor. Afterschool Programs During the 2012 Legislative Session Claudia Davant helped lead the charge to prevent the passage of legislative changes that would have made 32,000 low-income children ineligible for participation in the afterschool programs they were currently enrolled in. She met with legislators and facilitated language supported by the Florida Afterschool Network and other advocates for children and education so that the legislation that was ultimately passed met their goals for improving children's school readiness without blocking access to important afterschool programs. Claudia was named Florida's "Afterschool Champion of the Year" for her successful pro bono work on behalf of the Florida Afterschool Network. Budget Robert Beck, a founding partner with Adams St. Advocates leads our Firm's Appropriations work. Robert has a solid understanding of the State of Florida's budget process having held numerous senior appointments in the Executive branch, the Governor's Office and in the Senate Legislative Appropriations Committee. Since leaving government in 2008 after 22 years, Robert has helped secure millions of dollars in appropriations increases as well as preserves base budget funding on behalf of his clients. These accomplishments include: • FY 2010-2011— Preserved funding for home and community-based programs serving seniors in while over $4 Billion was cut from programs in the State Budget. During the worse fiscal times the State of Florida has ever faced, Mr. Beck was able to secure several million dollars to increase Florida's Aging & Disabled Medicaid Waiver program. • FY 2011-2012 - $40 million increase for home and community based care programs for seniors including for Alzheimer's Projects & Services; Nursing home diversion program, Community Care for the Elderly, and local service programs serving Broward and Miami -Dade Counties. • FY 2012-2013 $ 23 million increase for home and community based care programs for seniors $ 11.4 million for the AIDS Insurance Continuation Programs which serves Broward County $ 2.5 million increase for AIDS Drug Assistance Program $ 4.4 million for Juvenile delinquency prevention programs $ 1.0 million of the Health Council of South Florida In addition to these recent appropriations secured through Mr. Beck's advocacy efforts, he also was an integral member of the 2012 Team led by Ericks Consultants to protect the SFRTA's base budget funding for commuter rail transportation and secured $2 million for rail bridge replacement in Central Florida. Finally, Mr. Beck has helped his clients achieve success in the budgeting process in numerous cases -15- through the development of State Budget Proviso language and development of numerous budget conforming bills critical to ensuring proper implementation of the budget following legislative session. Charter Schools ECI was instrumental in obtaining increases in appropriations each year for charter schools. We represent the City of Coral Springs and the City of Pembroke Pines on charter school issues. This has been an uphill battle over the years to gain support and appropriations for the charter school effort. 2001 - Increased from $20 million to $27.7 million 2006 - Increased from $27.7 million to $53 million During the 2007 and 2008 Legislative Sessions - over $54,000,000 2010 - $56,112,466 2011- $55 million appropriated with additional money for high performing charter school systems (note that both Coral Springs and Pembroke Pines are part of a high performing charter schools system) 2012 - $55,209,106 (plus additional funding available after allocation to the lab schools) Broward Center for the Performing Arts In 2012, ECI was successful in helping pass a bill for the Broward Center of the Performing Arts. The bill grants a public record exemption for publicly owned and operated performing arts centers. Before the bill passed confidential, sensitive, and personal information of the centers' donors were subject to public records requests. The bill was signed by the Governor and donors are now protected. Crimes Against The Homeless This effort was attempted for many years, prior to passage in 2010. HB 11 by Representative Porth and SB 506 by Senator Ring, added homelessness into the statute of Hate Crimes (reclassifying offenses evidencing prejudice based on the homeless status of the victim). Florida leads the nation in attacks on the homeless. After Maryland enacted a law based on some of the horrific incidences that we as a community faced here in Broward, Sheriff Lamberti contacted members of our Delegation to pursue this effort yet one more time. ECI worked with the sponsors, Commander Rick Wierzbicki and Broward staff through every committee meeting and numerous discussions with Legislators in both the Senate and the House to ensure passage of this legislation. Although it did not pass unanimously [25 yeas/10 nays], there was virtually no discussion on the floor when Senator Ring presented the bill to the Senate. However, some members of the House were quite vocal in their opposition to adding another Hate Crime to the statute that already included nine classes. Representative Porth gave a passionate argument and defense of the legislation. Ultimately, the vote was not close [80 yeas/28 nays] and HB 11 passed. Medical Examiner During the 2011 Legislative Session ECI facilitated a meeting with Steven Fielder, Director of Government Relations for the Department of Highway Safety and Motor Vehicles, regarding allowing our medical examiners to be given direct access to the DAVID database [Driver & Vehicle Information Database]. This database contains a motorist's identifying and emergency contact information, for the purpose of determining the identification of a deceased individual. Fielder was concerned about the number of examiners' ability to gain access. Through a lengthy discussion we agreed upon a number of roughly 20 (as the number across the state) that, pursuant to an interagency agreement, would have -16- secure access to the database. Once DHSMV signed off on the agreed upon language we went back to Representative Moraitis who we had briefed prior to our meeting with DHSMV. With the groundwork already set we started the 2012 Session touching base with Steven Fielder to make sure the Department was still supportive of our efforts. He gave us the green light and we immediately met with Representative Albritton and his staff to explain why our Medical Examiners should have direct access to the DAVID database. He understood, but also made it clear that only language that was agreed on by both sponsors (House and Senate) would make it into the final cut of the legislative package. We had our marching orders and went directly to Senator Latvala's office and met with his staff to explain at length the need we saw for direct access to the database and why we should be included in the legislation. From that point we were on constant follow-up with both offices up until the strike -all legislation was made public. We were very pleased that the database language was incorporated. Palm Beach Cou In 2011 ECI was instrumental in securing language in the reorganizational legislation for enterprise zone boundary designations on behalf of Palm Beach County. Also, we were able to secure $1.4 million in the budget during the Conference process for the Glades Senior Center/West County Homeless Resource Center. Although the $1.4 M passed in the budget, this particular item, along with many other items, was subject to Governor Scott's veto power. Property Appraiser Issues ECI worked with Senator Ring and Representative Holder to pass SB 1580 - partial property payments. This piece of legislation proved to be more difficult than we expected. There were many hurdles; however, with the help and dedication of Senator Ring, Representative Holder, Representative Bogdanoff and Representative Murzin, among others, we were able to get it through both chambers in the last few days of Session. What SB 1580 ultimately does is allows for taxpayers to pay their property taxes in partial payments. Before passage of this legislation the law did not legally allow the tax collector to collect the payment unless it was paid in full. This piece of legislation will be helpful to the Florida citizens in these difficult economic times. Seminole Compact After years of negotiation, the Seminole Tribe of Florida and the State finally came together on a compact. The agreement comes after the Legislature challenged the first compact in 2008 and rejected compacts in 2009. The compact will allow the state to collect at least a billion dollars over five years. The Seminole Tribe is authorized to conduct gaming at the following locations: Seminole Indian Casino — Brighton, located in Okeechobee, FL, Seminole Indian Casino — Coconut Creek, located in Coconut Creek, FL, Seminole Indian Casino — Hollywood, located in Hollywood, FL, Seminole Indian Casino — Immokalee, located in Immokalee, FL, Seminole Indian Casino — Big Cypress, located in Clewiston, FL, Seminole Hard Rock Hotel & Casino — Hollywood, located in Hollywood, FL, and Seminole Hard Rock Hotel & Casino—Tampa, located in Tampa, FL. -17- As a part of the Revenue Sharing Agreement between the state and local governments, the State will remit 3% of revenue received from the Tribe. Out of this 3%, Broward County shall receive 22.5% for revenue collected from the Seminole Indian Casino -Coconut Creek facility, and 25% for both Seminole Indian Casino in Hollywood and the Seminole Hard Rock Hotel and Casino in Hollywood. (The share is less for Coconut Creek due to more cities being included in the share than for the Hollywood facilities.) ECI was successful in negotiating a 5% fee to affected cities and counties in the original Governor's compact that was overturned by the courts. ECI then helped negotiate the eventually agreed upon 3% (down from 5% because the legislative compact was requiring a larger guarantee from the Seminoles in the final agreement) on the legislative compact. ECI was instrumental in ensuring the percentage cuts to Broward County and the City of Coconut Creek. Law Enforcement ECI was responsible for numerous pieces of legislation dealing with all areas of public safety. SB 214 which set the statewide standards for the training and use of dart firing stun guns. SB 428 which raised the per diem rates for travel expenses of public employees. HB 251 which created the Marvin Clayton Act, which is the database to fairly and correctly dispense the allocation for local law 175/185 premium tax revenues. HB 295 which increased the penalties for violators that attempted to flee or elude law enforcement officers. HB 749 the Duval County Sheriff's office pension plan legislation added correctional officers to special risk of their local law plan. SB 1792 which revised the number of members sitting on the Criminal Justice Standards and Training Commission and added the 180 day tolling or limitation period of actions against a law enforcement officer. HB 123 law enforcement officers' bill of rights, that stopped the 180 day tolling of an investigation during a declared state of emergency and clarified that law enforcement officers were entitled to be interviewed last during an investigation. HB 143 set state wide training standards for firearms training, bringing Florida in line with Federal Law Enforcement Officers Safety Act. Local Governments In 2008, ECI was able to obtain $500,000 for the Fire Training Simulator Tower for the City of Coral Springs. In 2008, Claudia Davant was retained to help the City of Tavares secure funding from the FDOT for the development of commuter rail in Tavares. In addition to rail funding, Davant's team helped the City with various permitting issues related to the redevelopment of downtown Tavares. The Department of Environmental Protection had been unwilling to grant the City approval for the reconstruction of an overwater pavilion on Lake Dora. The Davant Team worked with state and local officials, as well as the Legislature and Governor's office, to get approval for the project. The City was not only granted all permits for construction, but the permits were expedited, saving the City over 12 months of project delays. ECI was responsible for obtaining $7 M for the Plantation Preserve Golf Course. CBIRS - Back when community budget requests were part of the budget, ECI was extremely knowledgeable and successful in securing them for our local governments. Florida Atlantic University off -M ECI worked with Tom Barlow, Director of Governmental Relations for Florida Atlantic University, to secure funds for identified FAU programs. ECI was initially hired to work on the FAU Davie Campus expansion. During the time ECI represented the University we exceeded our assigned goal and were instrumental in securing substantial funding for the university. In 2007, $94 million in PECO funding, $4.3 million recurring for their medical school expanding as 4 year program; $18 million for a new engineering project; $10 million for a general classroom building; $18 million for the Davie campus expansion; $8 million for the Harbor Branch Oceanic Research Center; and, an $500,000 increase for a student -teacher program. During the 2008 Legislative Session, ECI successfully secured the final $4.3 appropriation for the medical school as well as $8.75 million for an ocean to energy project, $52 million in PECO funding, $9 million in student projects, and $5 million for the Wellness Center. Local Preemption Experience Local preemption language is a constant battle in Tallahassee in numerous areas and we fight all session long for our local governments. Some examples of our experiences in this area include: Growth Management In 2009 ECI worked with Representative Schenk's office to place a conforming amendment on HB 73 regarding contracting with the Department of Environmental Protection. The language extends the ability to expedite permitting to charter counties with population over 1.2 million that have delegation agreements with DEP or WMD if they do so by resolution. (This bill was amended and passed.) Solid Waste In 2010, ECI worked closely with local governments and other interested parties to defeat preemptive language that would have ultimately dissolved solid waste franchise agreements between a city or county and a vendor. That language would have changed the definition of Construction and Demolition debris and would have put an end to previously negotiated and operating contracts. The last time there was a real attempt to change this language was about five years ago. We were also instrumental in defeating that initiative at that time. Recycling SB 570 by Senator Constantine was quite contentious during the entire 2010 Session. ECI worked with all interested parties to ensure that unachievable mandates to local governments and private business were not in the final piece of legislation. From the beginning we felt comfortable with holding unfriendly language at bay in the House, knowing that we had a fight on our hands in the Senate. The House introduced their language as part of a committee sponsored bill [HB 7243] under Representative Williams' direction. As the next few weeks unfolded, through countless discussions, amendments and negotiations, we were successful in ensuring that acceptable language was included in the legislation. Taxi Cabs ECI has fought against and has always been successful in defeating pre-emptive language regarding taxi cab regulation for many years. The proposed language prohibits state and local governments from regulating the transfers of taxi cab licenses or shares in the corporation that owns those licenses. The -19- language usually shows up within the last few weeks of Session. In 2009 it was filed as an amendment to SB 424 and onto HB 1021. In 2010 the language showed up during the last 2 weeks filed as an amendment onto HB 1271. The 2011 Session was a bit different. The legislation was drawn only to affect Hillsborough County. We met with the sponsor to ensure it would not affect Broward. Last year there was not an appetite to entertain the efforts although there was discussion. Traffic Enforcement Cameras ECI worked on and helped pass House Bill 325 that formalizes and governs the specifications for the red light cameras across the state. The bill allows local governments to contract with private contractors to install red light cameras at intersections. The bill provides that any red light infraction will result in a fine of $158. If the county or municipality operates the camera, then the local government will retain $75. If the state operates the cameras, then the local government will receive $45. Under both scenarios, $10 will go to the Department of Health Administrative Trust Fund and $3 will go into the Brain and Spinal Cord Injury Trust Fund. During the 2012 Legislative Session there was legislation introduced and an attempt to repeal the red light camera law. HB 4087 by Representative Corcoran passed the House but was never taken up in the Senate. Since the Senate did not consider the repeal, the sponsor offered amendments to other transportation bills. One particular amendment seemed to gather support toward the end of the Session and may be back next year. The amendment would have required traffic studies to show that red light cameras would in fact make intersections safer. Other amendments that were debated included the prohibition on citations for red light right hand turns and enactment of specific yellow timing standards. ECI worked alongside interested parties against this effort for our cities, Palm Beach County and ACS. We do expect to see this issue in the 2013 Legislative Session. Price Proposal Ericks Consultants, Inc., together with Adams St. Advocates, would be pleased to accept this one year contract for lobbying services for the City of Delray Beach for an annual fee of $40,000, payable in twelve monthly installments. This contract includes but is not limited to scheduled, extended and special legislative sessions as well as other times throughout the year deemed necessary by the City or the Consultant. Closing The ECI/ASA team would like the opportunity to partner with the City of Delray Beach. We want to thank the City for the opportunity to present this unique and exciting strategic alliance that will allow the City to enter the 2013 Legislative Session with confidence and trust. Should you have any questions or need additional information on any part of this proposal, please do not hesitate to ask. Thank you. -20- Appendix 1 - ECI Client List The following Client List offers insight into the varied nature of our experience and current endeavors and provides contact information for each of our clients. American Ambulance Service, Inc. Charles Maymon 2570 South Park Road Pembroke Park, FL 33009 954-868-6668 cmavmon@AmericanAmbulanceSvc.com ECI began representing American Ambulance before local governments in 2010. American Marketing & Management, Inc. Austin Forman 888 SE 3rd Avenue, Suite 501 Ft. Lauderdale, FL 33316 954-522-1969 af01@bellsouth.net ECI has represented American Marketing for more than 12 years. BAGS, Inc. Craig Mateer 6751 Forum Drive, Suite 200 Orlando, FL 32821 407-447-5547 craig@airportbags.com ECI resumed representing BAGS, Inc. in Broward County in 2011. Broward Center for the Performing Arts Kelley Shanley 201 SW 5th Avenue Ft. Lauderdale, FL 33312-7112 954-522-5334 kshanlev@browardcenter.org ECI has represented the Center for over 12 years. Broward County Eddie Labrador 115 South Andrews Avenue Ft. Lauderdale, FL 33301 954-357-7575 elabrador@broward.org -21- ECI has represented Broward County for more than 14 years. Broward County Property Appraiser Lori Parrish 115 South Andrews Avenue Ft. Lauderdale, FL 33301 954-357-6904 lori@bcpa.net ECI has represented the Broward County Property Appraiser for over five years. Broward County Sheriff's Office Sheriff Al Lamberti 2601 West Broward Boulevard Ft. Lauderdale, FL 33312 954-321-4605 allambertil@aol.com ECI has represented the Broward Sheriff's Office for over three years. Broward Health (formerly North Broward Hospital District) Charlotte Mather 303 SW 17th Avenue Ft. Lauderdale, FL 33316 954-355-4174 charlotte. mather(@nbad.ore ECI has represented Broward Health for over seven years. Cash Bond Online Pat McDonough 1750 Archmont Circle Dacula, GA 30019 888-726-6301 pmcdonough@cashbondonline.com ECI began representing Cash Bond Online in 2011. Center Stage Attractions Joe Gehl 1815 Cordova Road, Suite 211 Ft. Lauderdale, FL 33315 954-522-4146 agehl912@aol.com ECI has represented the Gehl Group for over 20 years. -22- City of Coconut Creek David Rivera 4800 West Copans Road Coconut Creek, FL 33063 954-973-6720 drivera@coconutcreek.net ECI has represented City of Coconut Creek for almost six years. City of Coral Springs Erdal Donmez 9551 West Sample Road Coral Springs, FL 33065 954-344-1142 edonmez@coralsprings.or� ECI has represented City of Coral Springs for over eight years. City of Fort Lauderdale Lee Feldman 100 N. Andrews Avenue Fort Lauderdale, FL 33301 954-828-5364 Ifeldman@fortlauderdale.gov ECI began representing the City of Fort Lauderdale in October 2012. City of North Lauderdale Ambreen Bhatty 701 SW 71st Avenue North Lauderdale, FL 33068 954-724-7041 abhatty@nlauderdale.org ECI resumed representing the City of North Lauderdale again in 2009. City of Pembroke Pines Mayor Frank Ortis Charlie Dodge 10100 Pines Boulevard Pembroke Pines, FL 33026 954-431-4884 cdodge@ppines.com ECI has represented the City of Pembroke Pines for at least six years. City of Plantation -23- Mayor Diane Veltri Bendekovic 400 NW 73rd Avenue Plantation, FL 33317 954-797-2227 mayor@plantation.or� ECI has represented City of Plantation for over seven years. Diplomat Properties Limited Partners, LLC Francis X. Lilly 3555 South Ocean Drive Hollywood, FL 33019 202-898-2270 flilly@independentfiduciary.com ECI began representation of this world class resort and spa in 2011. Federation of Public Employees AFL-CIO Dan Reynolds 1700 NW 66th Avenue Suite 100 Ft. Lauderdale, FL 33313 954-797-7575 x 221 taflaco@aol.com ECI has represented the FOPE since 2009. Florida Power and Light Company Paul Hamilton 215 South Monroe Street, Ste 810 Tallahassee, FL 32301 850-521-3915 paul hamilton@fpl.com ECI has represented FP&L for over 13 years. Florida Sunshine Entertainment Association Angelina Spencer 4340 Beechwood Lake Drive Naples, FL 34112 216-965-7527 angelina001@comcast.net ECI has represented the Association since 2007. Fort Lauderdale Swap Shop Preston Henn 3501 West Sunrise Boulevard -24- Ft. Lauderdale, FL 33311 954-931-8148 swshop@aol.com ECI has represented the Swap Shop for over 20 years. The GEO Group, Inc. George Zoley Jorge Dominicis One Park Place, Suite 700 621 Northwest 53rd Street Boca Raton, FL 33487 561-999-7326 gzoley@geogroup.com Idominicis@geocareinc.com Gerstle, Rosen & Goldenberg, PA Ron Nadler 2630 NE 203rd Street Aventura, FL 33180 305-937-0116 rnadler@gerstlerosen.com ECI began representing the Gerstle CPA firm in September 2012. Herzog Contracting Norm Jester Post Office Box 1089 St. Joseph, MO 64502 954-970-3970 njester@herzogcompanies.com ECI has represented Herzog for over 14 years. JM Family Enterprises Sonya Deen 100 NW 12th Avenue Deerfield Beach, FL 33443 954-429-2404 sonya.deen@imfamily.com ECI has represented JM for over 16 years. Kendall Properties & Investments Austin Forman Bill Murphy 4300 North University Drive, Suite D-103 Lauderhill, FL33351 -25- 954-522-1969 af01@bellsouth.net ECI has represented Kendall Properties for over seven years. Palm Beach County Todd Bonlarron 301 North Olive Avenue West Palm Beach, FL 33401 561-310-7832 tbonlarr@co.Dalm-beach.fl.us ECI has represented Palm Beach County for over eight years. Seminole County Sheriff's Office Sheriff Donald F. Eslinger Chief Peggy Fleming 100 Bush Blvd. Sanford, FL 32773 407-665-6650 pfleming@seminolesheriff.org ECI began representing the Seminole County Sheriff's Office on October 1, 2012. South Florida Regional Transportation Authority Joe Giulietti 800 NW 33rd Street, Suite 100 Pompano Beach, FL33064 954-788-7918 giuliettij@sfrta.gov ECI has represented SFRTA for over 17 years. Tindall Hammock Irrigation and Soil Conservation District Austin Forman 888 SE 3rd Avenue, Suite 501 Ft. Lauderdale, FL 33316 954-522-1969 af01@bellsouth.net ECI has represented Tindall Hammock for over seven years. Town of Davie Richard J. Lemack 6591 Orange Drive Davie, FL 33314 954-797-1023 richard lemack@davie-fl.gov -26- ECI resumed representing the Town of Davie in 2010. United Healthcare of Florida Tom Moore 3100 SW 14th Avenue Miramar, FL 33027 813-890-4531 thomas w moore@uhc.corr ECI began representation of UHC in 2010. United Pawnbrokers Group Thomas E. Sams 4527 Arnold Avenue Naples, FL 34104 239-825-0714 tomsams@capitalpawn.com ECI has worked with the United Pawnbrokers Group or members of the pawnbroker community since 2003. Waste Pro of Florida, Inc. Russell Mackie 2101 W SR 84 Longwood, FL 32779 305-651-7011 rmackie@wastearousa.com ECI began representing Waste Pro in 2011. -27- Appendix II - Professional References Ericks Consultants is pleased to present the following professional references: Company Name: American Marketing & Management Address: 888 SE 3rd Avenue, Suite 501, Ft. Lauderdale, FL 33316 Contact Name: Austin Forman Telephone: 954-763-8111 E -Mail Address: af01@ammi.net Fax: 954-522-1969 ECI has represented this client since 2000 Company Name: South Florida Regional Transportation Authority Address: 800 NW 33rd Street, Suite 100, Pompano Beach, FL 33064 Contact Name: Vicki Wooldridge or Joe Giulietti Telephone: 954-788-7934 E -Mail Address: wooldridgev@sfrta.fl.gov Fax: 954-786-7505 ECI has represented this client since 1995 Company Name: Broward Health Address: 303 SW 17th Avenue, Ft. Lauderdale, FL 33316 Contact Name: Charlotte Mather Telephone: 954-355-4174 E -Mail Address: charlotte.mather@nbad.org Fax: 954-355-4774 ECI has represented this client since 2005 Company Name: Broward County Sheriff's Office Address: 2601 West Broward Blvd, Ft. Lauderdale, FL 33312 Contact Name:Al Lamberti or Danielle DiNicola Telephone: 954-321-4605 E -Mail Address: danielle dinicola@sheriff.org Fax: 954-763-4917 ECI has represented this client since 2009 Company Name: JM Family Enterprises Address: 100 NW 12th Avenue, Deerfield Beach, FL 33443 Contact Name: Sonya Deen Telephone: 954-429-2404 E -Mail Address: sonya.deen@Imfamily.com Fax: 954-429-2677 ECI has represented this client since 1996 Company Name: Broward County Property Appraiser Address: 115 South Andrews Avenue, Ft. Lauderdale, FL 33301 Contact Name: Lori Parrish Telephone: 954-357-6904 E -Mail Address: lori@bcpa.net Fax: 954-357-8474 ECI has represented this client since 2006 Company Name: City of Plantation Address: 400 NW 73rd Avenue, Plantation, FL 33317 Contact Name: Mayor Diane Veltri Bendekovic Telephone: 954-797-2222 E -Mail Address: mayor@plantation.org Fax: 954-797-2223 ECI has represented this client since 2005 M Company Name: City of Coral Springs Address: 9551 West Sample Road, Coral Springs, FL 33065 Contact Name: Erdal Donmez Telephone: 954-344-5906 E -Mail Address: edonmez@coralsprings.org Fax: 954-344-1043 ECI has represented this client since 2000 Adams St. Advocates LLC is a Florida Limited Liability Company established in 2011. Our office hours are Monday through Friday from 9:00 AM until 5:00 PM; however, we are always available to our clients via cell phone, text message or email. ASA has two Tallahassee offices and also works from the ECI office in Fort Lauderdale. We encourage you to visit our website at: www.adamsstadvocates.com for more information on our firm. Professional Reference for Claudia Davant: Company Name: Xerox State & Local Solutions, Inc. Address: 2073 Summit Lake Drive, Suite 300, Tallahassee, FL 32317 Contact Name: Chuck Cliburn Telephone: 850-210-1302 E -Mail Address: chuck.cliburn@acs-inc.com When was your contract awarded: 2008 Professional Reference for Robert Beck: Company Name: Aging & Disability Resource Center of Broward County Address: 5300 N. Hiatus Road, Sunrise, FL 33351-8701 Contact Name: Edith Lederberg Telephone: 954-745-9603 E -Mail Address: lederbee@adrehbroward.org Fax: 954-745-9584 When was your contract awarded: 2008 -29- October 12, 2012 David T. Harden, City Manager City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 RE: Contract for Governmental Consulting Services Dear Mr. Harden: Thank you for the opportunity to submit a proposal to provide governmental consulting services to the City of Delray Beach. I am pleased to submit this proposal, which includes a scope of work and a corresponding fee schedule, for the City of Delray Beach's consideration. Scope of Work Pertaining to Consulting Services This proposal will cover the scope of services that Florida Strategic Group, LLC would provide the City of Delray Beach (hereafter known as City) in the area of State legislative and executive branch consulting: ➢ Prior to the beginning of Legislative Committee Meetings, consult with the City Manager's office to develop the legislative agenda for the City, including legislation specifically designed for the City. ➢ Work with the Palm Beach County Delegation members, to secure sponsorship of bills and amendments needed to further the City agenda. ➢ Lobby crucial Representatives and Senators to receive support of City's priorities during the Committee process; Lobby all Members to ensure passage of priorities. ➢ Monitor and review all legislation relating to municipal government; forward legislation to City for further review and determination of action. ➢ Provide regular written updates during the 2013 committee meetings and Legislative Session. Continued Governmental Consulting Proposal October 12, 2012 Page 2 ➢ Maintain daily communication with the offices of Delray Beach -based Senators and Representatives during Session. ➢ Monitor and advise the City of any adverse or supportive legislation that is proposed, and take action as directed by the City on such legislation. ➢ Notify the City of all House and Senate committee hearings, or Floor sessions, in which legislation of importance to the City is being discussed or debated and coordinate legislative outreach and public testimony. ➢ Assist City Manager with promoting annual Legislative Day activities: coordinate speakers, recruit attendees and make recommendations for venue locations. ➢ Upon completion of Session, work with the Governor's Office during the bill review process, to advocate final approval of priorities or veto of harmful legislation. ➢ For laws affecting the City, monitor the agency rule-making process and advise the City on action needed to implement the legislation in the manner most favorable to the City. ➢ Attend all Palm Beach Delegation meetings, the Florida League of Cities Legislative policy meetings, and the Florida League of Cities Annual Meeting, upon prior approval of the City. ➢ If requested, and separately negotiated, coordinate all Federal lobbying efforts on behalf of the City, including all funding initiatives and substantive issues, through the Palm Beach Congressional Delegation. Terms of Contract for Consulting Services Florida Strategic Group, LLC proposes to conduct the State legislative and executive consulting scope of work commencing November 1, 2012, and ending October 31, 2013. We propose a fee in the amount of $36,000, to be paid in equal monthly installments of $3,000.00, made out to Florida Strategic Group, LLC. This amount will cover the following work performed: ➢ 2013 Committee Meetings & Regular Session — January through May, ➢ Governor's Bill Review & Potential Special Sessions — May through July, ➢ 2013 Committee Meetings — September through December. Continued Governmental Consulting Proposal October 12, 2012 Page 3 Any reasonable costs or out-of-pocket expenses will be billed on a monthly basis. No substantial travel or entertainment expenses will be incurred without the prior approval of the City Manager or his designee. Once again, thank you for the opportunity to discuss providing Florida Strategic Group, LLC's services to the City of Delray Beach. We look forward to helping the City achieve its goals in order for Delray Beach to provide the highest quality of life possible for its citizens. Please do not hesitate to contact me if you have any questions pertaining to this proposal. Sincerely, David A. Shepp Partner Scope of Services Florida Strategic Group, LLC The Florida Strategic Group, LLC is a full-service public affairs consulting firm specializing in government relations and communications strategies. We are committed to achieving maximum results for our client organizations. Scope of Services Government Relations The Florida Strategic Group, LLC can help promote your issues before the Executive Branch and the State Legislature. We have extensive experience in the complexities of the policy making process, maintain excellent relations with policy makers on both sides of the aisle, and know how to develop winning strategies. Our services include: ➢ Legislative Consulting ➢ Monitoring Legislation ➢ Active Lobbying ➢ Analysis of Legislation ➢ Administrative Rules Process Issue Advocacy The Florida Strategic Group, LLC knows how to create a favorable climate for our clients' issue agendas. We offer comprehensive strategies in the areas of public relations, coalition building and grassroots mobilization to promote the legislative and regulatory agendas of our clients. Through the media and direct contacts, we can help you obtain backing beyond your traditional constituencies and build coalitions to support your policy objectives. Our services include: ➢ Policy development and legislative analysis message development ➢ Public relations strategies ➢ Coalition building ➢ Grassroots mobilization ➢ Issue research Political Action Committee Administration The Florida Strategic Group, LLC has extensive expertise in administering political action committees (PACs) for their clients. We can assist an organization with developing the PAC, both through expanding the membership of the committee and identifying potential recipients of monetary contributions. In addition, we understand the complex election laws and will work with the organization to ensure that all necessary paperwork is filed correctly with the State Division of Elections and in a timely manner. Event Management and Planning The Florida Strategic Group, LLC can help you plan and manage your next event. Because we understand the messages you want to communicate, we will devise events and themes to promote your overall agenda. We have years of experience conducting press conferences, briefings, symposiums, fundraisers, political receptions and political campaign events. Political Campaign Services Florida Strategic Group, LLC knows how to develop winning strategies. The group can assist you with many important aspects of your campaign. Our staff has experience in running winning multi-million dollar political campaigns that can provide immediate access to resources and information of value. Our services include: ➢ Strategy ➢ Issue and message development ➢ Research ➢ Legislative analysis ➢ Speech writing ➢ Coalition building Summary of Qualifications David A. Shepp Governmental Consultant David Shepp is a Lakeland -based government relations and public affairs consultant seeking to provide services to state and local governments, businesses, educational institutions and economic development entities in Central Florida. Activities include legislative and agency monitoring and advocacy, research and analysis, resource development and strategic communications. With a Bachelor of Arts degree in Political Science from Florida State University, Mr. Shepp started his practical experience in Florida politics in 1996. He learned the intricacies of the Florida Legislature while assisting the lobbying efforts for multiple clients of the Fowler White Law Firm. Later that year, he accepted a position as a field representative with the Republican Party acting as a liaison to Central Florida candidates, including then -candidate Adam Putnam. After Rep. Putnam's 1996 winning campaign, Mr. Shepp was retained in the position of Legislative Assistant where he enjoyed four years of relationship building both in Polk County and in Tallahassee before managing now -Congressman Putnam's victorious million -dollar campaign in 2000. Following the 2000 Election, Mr. Shepp partnered with Sam Killebrew to create Florida Strategic Group, LLC, a full-service government affairs consulting firm. In its nine years of existence, FSG has lobbied Florida government for interests as varied as municipalities, locally owned businesses, national companies and statewide trade associations. In addition, FSG is heavily involved in campaign consulting for both state and local candidates. As a lobbyist with FSG, Mr. Shepp has successfully navigated key legislation for his clients through the legislative and governor's approval process. During the 2008 Session, seven of Mr. Shepp's clients' legislative and budget priorities were approved by the Governor, including more than $3,000,000 in research projects for Mote Marine Laboratory. During the recent downturn in the State Budget, he has successfully fended off budget cuts that would be detrimental to his clients. In 2004, Mr. Shepp was recognized as the "Best State Lobbyist" by the national Independent Electrical Contractors organization. Mr. Shepp is skilled at developing, maintaining and strengthening relationships essential to governmental representation before the Legislature and state agencies. He works very closely with the Charlotte, Hillsborough, Manatee, Orange, Pinellas, Polk and Sarasota legislative delegations. In addition to his comprehensive institutional knowledge of the Florida Legislature, Mr. Shepp enjoys personal and professional relationships with legislative leaders and key Chairmen and Chairwomen at every level of the legislative committee structure. Mr. Shepp also enjoys strong working relationships with many of the staff behind the scenes of public policymaking. Clien t L ist ➢ City of Lakeland State Legislative & Executive Branch Lobbying Federal Lobbying ➢ Feld Entertainment Legislative & Executive Branch Lobbying ➢ Florida Association of Code Enforcement Legislative & Executive Branch Lobbying ➢ Florida Association of Wholesale Distributors Legislative & Executive Branch Lobbying Executive Director ➢ FAWD PAC Political Action Committee Administration ➢ Florida Greyhound Association Legislative & Executive Branch Lobbying ➢ Independent Electrical Contractors, Inc. Legislative & Executive Branch Lobbying ➢ IEC PowerPAC Political Action Committee Administration ➢ McKeel Academy for Applied Technology Legislative & Executive Branch Lobbying ➢ Mote Marine Laboratory Legislative & Executive Branch Lobbying ➢ Peace River Center Legislative & Executive Branch Lobbying MGreenbergTraurig October 11, 2012 Mr. Richard Reade City of Delray Beach City Hall, 100 NW 1st Ave. Delray Beach, FL 33444 Mr. Reade: On behalf of the Greenberg Traurig ("GT") team, I want to thank you for the opportunity to present this preliminary proposal for state lobbyist services. I believe that GT's experience and resources in Tallahassee make us best qualified to meet the governmental affairs needs of the ALBANY City of Delray Beach ("Delray"). AMSTERDAM ATLANTA For purposes of this preliminary proposal, we will only address our Florida professional service AUSTIN capabilities. It is our understanding you may wish to discuss our firm's qualifications on the BOSTON national front at a later date. GT has a strong presence in Washington, DC and we would CHICAGO welcome the opportunity to discuss your needs on the federal level. DALLAS DELAWARE GT's governmental affairs team was established 18 years ago in Tallahassee. Our team helps DENVER clients achieve their objectives by acquiring scarce state and federal resources and shaping FORT LAUDERDALE complex legislation. Our lobbying team is comprised of highly -qualified and experienced HOUSTON strategists possessing years of experience working with state and federal legislative and LAS VEGAS executive branches, the public and private sectors and both political parties. LONDON - LOS ANGELES Our proposed team includes: MEXICO CITY* • Fred W. Baggett, Managing Shareholder • Hayden R. Dempsey, Shareholder, Government Affairs MIAMI MILAN•• NEWJERSEY • Agustin G. Corbella, Director NEW YORK • Leslie Y. Dughi, Assistant Director ORANGE COUNTY Greenberg Traurig understands the dynamics of municipal representation and the pressures and challenges encountered by local officials and their staffs. Our proposed team offers proven experience in substantive policy and appropriations knowledge and legislative assistance on a broad array of issues. We look forward to undertaking and fulfilling all the responsibilities identified by Delray Beach. ORLANDO PALM BEACH COUNTY PHILADELPHIA PHOENIX ROME -- SACRAMENTO We appreciate the opportunity to respond and welcome any questions you may have. We look SAN FRANCISCO SHANGHAI forward to meeting with you soon. SILICON VALLEY TALLAHASSEE Sincerely, TAMPA TEL AVIV" TYSONS CORNER WARSAW - Fred W. Hagg WASHINGTON, D C WHITE PLAINS OPERATES AS GREENBERG TRAURIGMAIERLLP * OPERATES AS GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM 101 East College Avenue ■ Tallahassee, Florida 32301 ■ Tel 850.222.6891 ■ Fax 850.681.0207 TAL 4517205440 A BRANCHOO TRAUF GREENBERG TRAUPoG, P.A GREENBERG FLORIDA, USA OPERATESAS CREEPS TRA..FIGGRZE W Tk " STRATEGIC ALLIANCE MII Overview of Greenberg Traurig's Proposal for State Lobbying Services Presented to City of Delray Beach, Florida October 12, 2012 Contact: Leslie Y. Dughi Assistant Director, Governmental Affairs Greenberg Traurig, P.A. dughil@gtlaw.com Direct: 850.521.8571 101 East College Avenue Tallahassee, FL 32301 ® Green bergTraurig GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM Greenberg Traurig, P.A. I gtlaw.com ©2012 Greenberg Traurig, LLP. All rights reserved. Table of Contents Section Page About Greenberg Traurig's Tallahassee Office 2 Qualifications and Experience 3 Representative State Experience 4 Greenberg Traurig's Team for Delray Beach 7 Legislative Support Services 9 Proposed Fee Schedule and Expenses 10 Greenberg Traurig, P.A. I gtlaw.com 1 About Greenberg Traurig's Tallahassee Office Greenberg Traurig's Tallahassee office is home to a multidisciplinary legal team with deep Florida roots. For more than 20 years, our lawyers and governmental affairs professionals have worked at the intersection of business, government and the law. We provide our clients with a wide range of practical legal counsel and services, from dispute resolution and transactional representation to governmental advocacy and day-to-day corporate advice. Located just one block from the state's capitol and legislative buildings, and three blocks from Florida's Supreme Court, GT's Tallahassee office gives our clients an immediate physical and political link to the heart of the nation's fourth largest state. Greenberg Traurig merged with the Tallahassee office of Roberts, Baggett, La Face & Richard in 1992 with approximately 14 lawyers who maintained a successful practice for over 15 years. The union provided GT with not only the strong state governmental presence that RBL&R had but the ability to expand this presence statewide. The fruit of these years has been not only strong relationships with governmental and elected officials, but also deeply -rooted relationships with the staff of these officials — whose longevity, many times, exceeds the terms of their bosses. We have clients across the entire political spectrum. Our practice includes banking, local government, procurement, campaigns and elections, data security and privacy, economic incentives, energy, environmental, financial services, gaming, growth management, health care, housing, insurance, public relations and media strategy, state appropriations, taxation, telecommunications, and transportation. Greenberg Traurig, P.A. I gtlaw.com 2 Qualifications and Experience The Florida Governmental Affairs team at Greenberg Traurig has been in the mix of every major legislative battle for the past 18 years. We've worked to develop and pass such notable legislation as the creation of the Dade County Expressway Authority, Florida's Catastrophic Hurricane Fund, Workers' Compensation Reform, Nursing Home `Tort Reform' Legislation, the 1995 Telecommunications Act, Privacy and HIPPA Implementation Legislation, Gramm -Leach - Bliley Act (GLB Act) Implementation Legislation, the first state definition of `Green Energy,' Rate Rebalancing Legislation, and Florida's Unified Building Code. We have annually navigated the appropriations process to obtain funding for municipalities and numerous other clients. We've helped maintain markets for Florida's independent power producers and developed new markets for Florida's life, health, and auto insurers. Each legislative session, the GT Tallahassee Governmental Affairs Team advocates for clients seeking state funding for a variety of programs and projects. Annually our team defends current substantive policy and seeks to amend it on behalf of our clients. Moreover, we are involved in the development of yearly appropriation requests, including the drafting of substantive legislation with both statewide and local fiscal impact. We determine the appropriate sponsors, research and develop oral and written materials to support the issue, and intricately follow each movement through the House and Senate. On appropriation projects, as negotiations progress through the end of the session, we rely on our strong relationships with House and Senate leadership, appropriations leadership and staff to ensure that our clients' requests survive the maze of House and Senate offers resulting in passage of the final Appropriations Act. The Florida Governmental Affairs practice extends far beyond legislative representation. We are experienced in appearing before the Cabinet and all executive agencies on behalf of a wide range of clients. Our knowledge and expertise in all facets of Florida administrative law have given us the reputation as one of the "go to" firms for resolving matters with state government in Tallahassee. Our administrative law litigators are recognized throughout the state as highly skilled and successful in their efforts, and combined with our executive agency lobby team, form an unbeatable combination of access and substance that is rarely found in one firm. Our governmental affairs team is supported by a full-time staff of support personnel dedicated to making sure the team and our clients are kept abreast of any and all relevant state government activities. This includes ongoing monitoring of executive and legislative branches, legislative tracking services, monitoring of committee and floor debate, defensive review of filed legislation and amendments, access to live calendars, monitoring of the press, reviewing the Florida Administrative Code announcements, reviewing proposed rules, preparing reports for clients, and research and drafting services. These services are provided year-round to our clients by one of the largest, most experienced, legislative support staffs of any firm in Florida. Greenberg Traurig's lawyers and lobbyists have decades of experience with the Florida Governor's Office, the State Legislature, and with all the Florida state agencies, as well as the long-term relationships necessary for success. Greenberg Traurig, P.A. I gtlaw.com 3 Representative State Experience Following is a representative list and description of work performed on behalf of a number of clients which includes both public and private entities. We would be happy to provide additional details upon request. City of North Port, Florida • Scope of Services: Federal & State Legislative Representation • Length of Contract: 7 Years • Status: Current Client • Contact Name: Jonathon Lewis, City Manager • Contact Phone: 941-429-7165 The state and federal GT Governmental Affairs Team has been the lead lobbyist for the City of North Port since 2005. During these years of representation, we have piloted the city through yearly offensive and defensive legislative efforts of concern to the municipality as well as successfully procured over $1.65 million in state appropriations for major municipal projects. On behalf of North Port, GT has also successfully: • Defeated state legislation which would have prevented a freestanding emergency room from being opened within the City of North Port's city limits. • Included language in the State General Appropriations Act requiring the Department of Community Affairs to provide technical assistance to North Port to address antiquated lots and assist in growth planning. • Defeated state legislation which would have significantly restricted the city's ability to conduct public works projects within the city. Florida Association of Court Clerks • Scope of Services: State Legislative Representation • Length of Contract: 36 years • Status: Current Client • Contact Name: Ken Kent, Executive Director • Contact Phone: 850-921-0808 Our longstanding general counsel representation of the Florida Association of Court Clerks (FACC) has placed us at the forefront of debate on local government issues involving court and county revenues, child support depository, public records, and judicial management. Our representation of the Association included a multi-year effort that has resulted in the authorization and funding of a statewide Comprehensive Case Management System, which is operational in each clerk of court's office to provide a single portal for access to all court case Greenberg Traurig, P.A. I gtlaw.com 4 data maintained by the clerks. We have also been instrumental in the Associations' development and operation of a statewide portal to provide access to the Official Records which contain the deeds, mortgages and other documents that are required by statute to be recorded in the county. AT&T • Scope of Services: State Legislative Representation • Length of Contract: 4 years • Status: Current Client • Contact Name: Joe York, Vice President, Legislative Affairs • Contact Phone: 850-577-5500 In 2009, Greenberg Traurig represented this national telecommunications company in passing the Consumer Choice and Protection Act, legislation aimed at increasing competition in the growing telecommunications market. In the previous session, our team's efforts prevented a cell phone warranty company from obtaining a statewide monopoly in providing warranties for cell phones and service. In the 2007 Legislative Session, the GT Legislative Team overcame a slue of negative television ads by the Florida Cable Telecommunications Association and other national cable providers and obtained the passage of major legislation on behalf of AT&T. The legislation broke up longstanding government sponsored monopolies in the cable television industry. Enterprise Holdings • Scope of Services: State Legislative Representation • Length of Contract: 8 years • Status: Current Client • Contact Name: Jay Ryan, Vice President of Finance • Contact Phone: 954-354-5104 Enterprise Holdings is the privately -held entity which operates Enterprise, Alamo and National Rental Car as well as a large fleet management subsidiary. The GT Legislative Team defeated legislation which would have imposed vicarious liability on rental car companies. On behalf of this international company, we worked over several years to secure reforms to the Personal Injury Protection (PIP) provisions for automobile insurance coverage. Further, we gained approval for legislation that streamlined the agent licensing process required of all rental car companies in Florida. We worked closely with the Department of Financial Services to ensure their support of this new structure. Greenberg Traurig, P.A. I gtlaw.com 5 Meridian Behavioral Healthcare • Scope of Services: State Legislative Representation • Length of Contract: 5 years • Status: Current Client • Contact Name: Maggie Labarta, President & CEO I Contact Phone: 352-374-5600 ext. 8221 During the 2009 Session, we assisted in the passage of legislation to restore the Medicaid reimbursement rate for this mental health provider. From the 2005 through 2007 Legislative Sessions, we secured a combined appropriation of nearly $3 million in the General Appropriations Act for the development of a residential treatment program. The funding created and maintained these programs in 11 Florida counties. In fiscally constrained years, the team strategically worked with the leadership and members in order to make mental health a budgetary priority. Florida Assisted Living Association • Scope of Services: State Legislative Representation • Length of Contract: 4 years • Status: Current Client • Contact Name: Pat Lange, Executive Director • Contact Phone: 850-383-1159 On behalf of this professional health care association, we secured an additional $2.6 million to increase the rate for the Assisted Living for the Elderly (ALE) waiver. This increase was the only Medicaid provider increase not vetoed by the Governor in 2006. In 2007, GT successfully passed legislation requiring the Department of Elder Affairs to adopt a curriculum training program and minimum qualification standards for trainers of Assisted Living Facility administrators and staff. GT also was successful in securing continuing funding for the Assisted Living for the Elderly Waiver of approximately $35 million. Greenberg Traurig, P.A. I gtlaw.com 6 Greenberg Traurig's Team for Delray Beach Greenberg Traurig is uniquely qualified to represent Delray Beach in Tallahassee. GT's professionals are experts at representing municipalities at the state level. We understand the dynamics of municipal representation and the pressures and challenges faced by local officials and their staffs. Our team possesses a broad array of substantive and political experience. The team includes a former chief of staff to the Senate President, a former counsel to the Speaker of the Florida House of Representatives, and a former Legislative Affairs Director and Deputy General Counsel for Governor Jeb Bush. Fred Baggett would serve as Greenberg Traurig's team leader for Delray Beach. Below is a brief outline on the professional qualifications of our team members. Full biographies can be provided on request. Fred W. Baggett is a senior member of the firm's National Governmental Affairs Practice. For the past 30 years, Fred has represented a broad range of general business community, associations, and governmental entities before federal, state and local agencies and legislative bodies. A significant portion of his practice focuses on matters relating to health care, insurance, environment regulation, banking and finance, and business and professional regulation. Fred's practice also includes policy development and advocacy as well as administrative litigation. Hayden Dempsey is the Chair of Greenberg Traurig's Florida Governmental Affairs Practice and focuses on representing clients before the Florida Legislature and its executive branch agencies. Prior to joining Greenberg Traurig, Hayden served as Director for Legislative Affairs for Governor Jeb Bush where he gained an in-depth knowledge of the Legislature and state government. Most recently, he served as Special Counsel to Gov. Rick Scott, overseeing the Governor's legislative and public policy initiatives. He also worked closely with the Governor's state agencies in promoting their legislative agendas. Hayden has been named a member of the Board of Directors of Enterprise Florida, Inc., the State of Florida's official economic development organization. His broad legislative experience provides him unparalleled insight into all levels of state government. Gus Corbella is the Director of the Governmental Affairs Practice of the firm's Tallahassee office. Gus has a formidable background in state government, having served as Chief of Staff of the Florida Senate, as well as staff director for the Majority Offices in both chambers. Gus has been appointed by two Governors to serve as a Commissioner on Judicial Nominating Commissions and also serves as the Chairman of the Florida Film and Entertainment Advisory Council. His role as chief advisor to the Legislature's most prominent leaders provided Gus with an extensive knowledge of the process and issues before the Legislature. Leslie Dughi is the Assistant Director of Governmental Affairs, Tallahassee. Leslie's state practice spans more than 20 years and includes all areas of the executive and legislative branches of government. From her representations, Leslie has gained in-depth knowledge on the inner - workings of Florida government. Further, she served as the Director of Government Affairs for the 135,000 -plus member Florida Chamber of Commerce where she developed strategic relationships and led many legislative initiatives important to both public and private employers. Greenberg Traurig, P.A. I gtlaw.com 7 In addition to her lobbying experience, Leslie has considerable experience in political communications, serving as the Political Director for Associated Industries, Florida's largest statewide business association. Throughout her career she has coordinated numerous grassroots advocacy campaigns and has worked with many Florida statewide and legislative campaigns. Greenberg Traurig, P.A. I gtlaw.com 8 Legislative Support Services In addition to our attorneys and lobbyists, Greenberg Traurig provides full legislative support services on a continual basis to ensure that our clients' interests never take a backseat at the Capitol. If the legislature is there, we're there. And if the legislature's not there, we're still there, building staff -to -staff relationships that open doors at those critical late-night hours when access and inside information are crucial. This team is led by Director, Anne Bevis, who has over 20 years of experience in the legislative process, 15 of those serving the needs of GT clients. Assistant Director, Katie Juckett, who joined the GT team after completing her Master's Degree in Applied American Politics and Policy, has 6 years of experience. They provide vital services offered to our clients, including the following: Legislative Tracking Services - We identify and follow all bills of interest to our clients with up-to- the-minute notification of hearings and actions in committee as well as on the House and Senate floors. A focused tracking list is developed for each client and updated on a daily basis to ensure notification of any movement on priority bills of interest. Moreover, we make sure that clients receive bills texts and amendments of impact for review and comment on a timely basis. We work to develop a client -directed reporting plan to ensure that clients are kept up-to- date at their desired frequency. Monitoring of Committee and Floor Debate - In addition to the presence of our lobbying team, our support team monitors all debates on legislation of major impact to our clients. We also are equipped, in-house, to monitor committee hearings and floor actions via audio transmission, The Florida Channel, and internet access. Defensive Review of Filed Legislation and Amendments - Our support team conducts full text searches of all legislation and amendments filed for language impacting our clients. This is done through keyword and statute cite searches. This capability affords us immediate notification of language entering the process that might be detrimental to our clients. Access to Live Calendar - Our firm has access to a live House and Senate Floor Calendar. This provides us with the opportunity for up-to-the-minute review of amendments as they are filed and discussed on the House and Senate Floors. Monitoring of the Press - Our support team daily monitors Florida newspapers and blogs for press coverage that is applicable to our clients. Research and Drafting Services - The Tallahassee support team is equipped to draft proposed legislation, amendments and talk sheets on a moment's notice. We also have complete research capabilities. Greenberg Traurig, P.A. I gtlaw.com 9 Proposed Fee Schedule and Expenses We at Greenberg Traurig look forward to the opportunity to represent the City of Delray Beach. Our Governmental Affairs team typically provides services on a monthly retainer which allows us to offer a broad range of services and gives our clients more value for their money. For this monthly fee, we would commit to provide all of the services enumerated, regardless of the hours required to perform such services. Our proposed fee for the City of Delray Beach is $60,000 per year split into 12 monthly installments of $5,000. Based upon past experience, expenses should not exceed $1,000 annually for travel, registrations and other miscellaneous costs. No expense over $100 would be incurred without prior approval by the City. To assist the City in evaluating the scope of work performed under the monthly retainer, we will provide detailed monthly bills outlining the hours worked and work performed. Further, we will meet periodically to evaluate the services performed to ensure that fair value is provided to the City. Greenberg Traurig, P.A. I gtlaw.com 10 Ronald L. Book, P. 9. LOW OFFICES PROIM10001 NKIOTIOO October 11, 2012 Via Email: readesam.ydelraubeach. com Mr. David T. Harden City Manager of Delray Beach City Hall 100 NW 1 st Avenue Delray Beach, Florida 33344 Attention: Mr. Richard Reade Dear Mr. Manager: Thank you for the opportunity to provide you and the City of Delray Beach with a proposal for the representation of your City on State Legislative matters. While we are presenting you with two options, the proposal for the global representation is an all-inclusive one. In other words, if that ends up as your preferred option, we will provide full governmental representation at the State and Local levels for one fee. Assuming a global representation approach as opposed to a single representation of a single bill and/or amendment issue approach, the main representation is understood to be Legislative. Our services under the global approach will provide representation legislatively as well as at all agencies of the Executive Branch, including the Governor's office and agencies thereunder. It would also include issues at any other political subdivisions within the State, eq., Water Management Districts, Turnpike Authority and issues that from time to time might arise related to Palm Beach County. While we do not perform federal lobbying services, we would consult on Federal issues and are prepared to provide guidance and counsel related to those Federal issues. We would not undertake any full lobbying duties on a Federal side because it is truly not our specialty. Should our firm be retained for a singular issue, our representation would be limited to the Legislature and would include services in drafting, seeking sponsorship, and full lobbying services for the passage of a singular proposed issue. Our fee for a single focused issue would be $60,000. As indicated, we believe we can provide a more complete package of lobbying services for a lower fee based on our strong desire to have an on-going relationship with your City. ON T0: O Harbour (entre -18851 U. 29th Avenue, Suite ioso - Hventura, Florida 33180 - Telephone (305) 935466 - Eax (305) 935-9131 0 toy West Jefferson Street - Tallahassee, Florida 32301- (850) ?Zy-3421 Mr. David T. Harden October 11, 2012 nan _ — We would be prepared with no cap on hours and no limitations of issues and the provision of services at all political subdivisions of the State, Executive Branch representation and consultation on any Federal issues for a flat fee of $50,000 and would agree to absorb all costs associated with this representation. We understand it will be our role to work with staff and elected officials for the passage or defeat of certain measures that would be contained within the City's Legislative priorities. It would be our job to help guide the City in the development of those priorities, and we recognize that it is our responsibility to keep you apprised of all issues that the City specifically asks that we track; however, we would certainly include all issues that we believe might affect you from a Local Government perspective. We would provide weekly written reports during the Legislative Session. We remind you that this is an all-inclusive proposal with no hourly charges and no hidden fee costs. We will at all times give you a 150% effort. At all times we will work hard to maintain the confidence and trust you are placing in us. We have been doing this business for a very long time. I have attached to this letter a representative list of our clients. We have the time and resources to devote to this representation. My firm has been existence since 1987. I was the Managing Partner of a large law firm known as Sparber, Shevin from 1982 to 1987. Prior to that, I was Special Cabinet and Legislative Affairs Counsel for the Governor of Florida. I worked in the Legislature for two years in the early 70's, and I have been a resident of South Florida all my life. I have full time offices in Tallahassee and in South Florida. There are three of us who drive the legislative lobbying practice, and all three of us will be engaged on your behalf. Our successes in this business are significant and substantial. I will be glad to discuss our track record and our accomplishments at any point that you and others from the City would like. Again, let me thank you for the opportunity and let me know what other questions you might have. RLB:dg Select Year: 2012F,-] Select Type: Legislative 0 Select View: By Name [-1 Go 2012 Legislative Lobbyist The "Industry Code" listed below each principal address states the North American Industry Classification System (NAICS) code that most accurately describes the principal's main business. You may view the full list of codes and titles on the site: http://www.census.gov/naics/2007/NAIC0607.HTM. Ronald L. Book Mailing Address: Ronald L. Book PA Aventura, FL 33180 Phone Number: 305/935-1866 Principals: 18851 NE 29th Ave Ste 1010 A Place for Mom 221 1st Ave W Ste 350 Seattle, WA 98119 Industry Code: 624120 Effective: 01 /25/2012 Advocate Program, The 1901 SW First St 3rd Floor Miami, FL 33135 Industry Code: 624190 Effective: 01 /09/2012 Altria Client Services Inc. and its Affiliates 333 N Point Center E Ste 615 Alpharetta, GA 30022 Industry Code: 312221 Effective: 03/02/2012 Anchor Towing, Inc 12555 Biscayne Blvd PMB 455 North Miami, FL 33138 Industry Code: 488410 Effective: 01 /09/2012 Ashbritt 408 S Andrews Ave Ste 103 Pompano Beach, FL 33069 10/tHtlt2yist Information :Lists :->2012->L->Book, Ronald L : Online Sunshine Industry Code: 562111 Effective: 01 /09/2012 Assurance Financial Partners, LLC 2901 SW 149th Ave Ste 140 Miramar, FL 33027 Industry Code: 561900 Effective: 01/09/2012 AT EtT 150 S Monroe St Ste 400 Tallahassee, FL 32301 Industry Code: 517110 Effective: 01 /09/2012 AutoNation. Inc 450 E Las Olas Blvd 12th Floor Ft Lauderdale, FL 33301 Industry Code: 522220 Effective: 01 /09/2012 Bail Agents Independent League of Florida 424 S Congress Ave West Palm Beach, FL Industry Code: 525990 Effective: 01 /09/2012 Best Buddies International 100 SE 2nd St Ste 2200 Miami, FL 33131 Industry Code: 624110 Effective: 01 /09/2012 Biscayne Bay Pilots 2911 Port Blvd Miami, FL 33132 Industry Code: 485991 Effective: 01/09/2012 Brevard Countv 2725 Judge Fran Jamieson Way C301 Viera, FL 32940 Industry Code: 921120 Effective: 01/09/2012 Broward County 115 S Andrews Ave Ft Lauderdale, FL 33301 Industry Code: 921110 Effective: 01/09/2012 Broward County Clerk of Courts 201 SE 6th St Ft Lauderdale, FL 33301 www.leg.state.f[.us/Lobbyist/index.cfm?Lobbyists=View Lobbyist_Info&Tab=lobbyist&Submenu=2&Fi... 2/9 10/t'bblkyist Information :Lists :->2012->L->Book, Ronald L : Online Sunshine Industry Code: 922110 Effective: 01 /09/2012 Carlisle Development Grout) 2950 SW 27th Ave Ste 200 Miami, FL 33133 Industry Code: 236116 Effective: 01/09/2012 City of Aventura 19200 W Country Club Dr Aventura, FL 33180 Industry Code: 921190 Effective: 01 /09/2012 City of Cooper City 9090 SW 50th Place Cooper City, FL 33329-0910 Industry Code: 921190 Effective: 01/09/2012 City of Hallandale Beach 400 S Federal Hwy Hallandale Beach, FL 33009 Industry Code: 921190 Effective: 01/09/2012 City of Lauderdale Lakes 4300 NW 36 St Lauderdale Lakes, FL 33319 Industry Code: 921190 Effective: 01 /09/2012 City of Miramar 2300 Civic Center Pl Miramar, FL 33025 Industry Code: 921190 Effective: 02/09/2012 City of North Miami 776 NE 125th St North Miami, FL 33161 Industry Code: 921190 Effective: 01/09/2012 City of North Miami Beach 17011 NE 19th Ave North Miami Beach, FL 33162 Industry Code: 921190 Effective: 01/09/2012 City of Palm Bay_ 120 Malabar Rd Palm Bay, FL 32907 www.leg.state.f[.us/Lobbyist/index.cfm?Lobbyists=View Lobbyist_lnfo&Tab=lobbyist&Submenu=2&Fi... 10/Lbt]18yist Information :Lists :->2012->1-->Book, Ronald L : Online Sunshine Industry Code: 921120 Effective: 01/09/2012 City of Pinellas Park 5141 78th Ave Pinellas Park, FL 33781 Industry Code: 921190 Effective: 01/09/2012 City of Riviera Beach 600 W Blue Heron Blvd Riviera Beach, FL 33404 Industry Code: 921110 Effective: 01 /09/2012 City of South Bay 335 SW 2nd Ave South Bay, FL 33493 Industry Code: 921110 Effective: 01 /09/2012 City of Sunny Isles Beach 18070 Collins Ave Sunny Isles Beach, FL 33160 Industry Code: 921190 Effective: 01 /09/2012 City of Sunrise 777 Sawgrass Corporate Pky Sunrise, FL 33325 Industry Code: 921190 Effective: 01 /09/2012 City of Tallahassee 300 S Adams St Tallahassee, FL 32301 Industry Code: 921120 Effective: 01 /09/2012 City of Tamarac 7525 NW 88 Ave Tamarac, FL 33321 Industry Code: 921190 Effective: 01/09/2012 Diabetes Research Institute Foundation Inc 3440 Hollywood Blvd Ste 100 Hollywood, FL 33021 Industry Code: 813211 Effective: 01 /09/2012 Driver's Rights Inc 2298 S Dixie Hwy Miami, FL 33133 www. leg. state. f 1. us/Lobby ist/ index. cf m ?Lobbyists =View—Lobby istj nf o&Tab=lobby ist&Subm enu =2&F i... 419 10/ibIJ12yist Information :Lists :->2012->L->Book. Ronald L : Online Sunshine Industry Code: 541110 Effective: 01/09/2012 Ellis. Ged Et Bodden, P.A. 7171 N Federal Hwy Boca Raton, FL 33487 Industry Code: 541110 Effective: 01/09/2012 Florida Apartment Association 1133 W Morse Blvd Ste 201 Winter Park, FL 32789 Industry Code: 531110 Effective: 01 /09/2012 Florida Association of Motorist Service Providers Inc 18655 S Dixie Hwy Miami, FL 33157 Industry Code: 813920 Effective: 01/09/2012 Florida Association of Rehabilitation Facilities Inc 2475 Apalachee Pky Ste 205 Tallahassee, FL 32301 Industry Code: 813319 Effective: 01/09/2012 Florida Distillers 530 N Dakota Ave Lake Alfred, FL 33850 Industry Code: 312140 Effective: 01 /09/2012 Florida Heart Research Institute 4770 Biscayne Blvd Ste 500 Miami, FL 33137 Industry Code: 541771 Effective: 01 /09/2012 Florida Power Et Light Company 215 S Monroe St Ste 810 Tallahassee, FL 32301 Industry Code: 221122 Effective: 01/09/2012 Florida Regional Councils Association 18851 NE 29th Ave Ste 1010 Aventura, FL 33180 Industry Code: 813990 Effective: 01 /09/2012 Florida Small Grocers Association 8425 NW 29th St Doral, FL 33122 www. leg. state.f I. uslLobbyist/ index. cf m?Lobby ists=View_Lobby ist_I of o&Tab=lobby ist&Submenu=2&Fi... 5/9 Industry Code: 813920 Effective: 01 /09/2012 GEO Group, Inc, The 621 NW 53rd St Ste 700 Boca Raton, FL 33487 Industry Code: 922140 Effective: 01 /09/2012 Grant Street Group 1800 Allegheny Bldg 429 Forbes Ave Pittsburgh, PA 15219 Industry Code: 541511 Effective: 01 /09/2012 Health Choice Network 9064 NW 13 Terrace Miami, FL 33172 Industry Code: 621491 Effective: 01 /09/2012 Interior Design Associations Foundation 250 Royal Ct Delray Beach, FL 33444 Industry Code: 813920 Effective: 01 /09/2012 Miami Beach Community Health Center 710 Alton Rd Miami Beach, FL 33139 Industry Code: 621498 Effective: 01 /09/2012 Miami Jewish Health Systems 5200 NE 2nd Ave Miami, FL 33137 Industry Code: 623110 Effective: 01 /09/2012 Miami Proiect/Buoniconti Fund to Cure Paralysis Lois Pope Life Center 1095 NW 14th Terrace Miami, FL 33136 Industry Code: 541710 Effective: 01 /09/2012 Miami -Dade County 111 NW 1st St Ste 1032 Miami, FL 33128 Industry Code: 921140 Effective: 01 /09/2012 Miami -Dade County Public Schools 1450 NE 2 Ave Miami, FL 33132 10/LbUt8yist Information :Lists :->2012->1-->Book, Ronald L : Online Sunshine Industry Code: 611110 Effective: 01 /09/2012 Mount Sinai Medical Center 4300 Alton Rd Miami, FL 33140 Industry Code: 621493 Effective: 01 /09/2012 Museum of Discovery Ft Science 401 SW 2nd St Ft Lauderdale, FL 33312 Industry Code: 712110 Effective: 01/09/2012 Neptune Wholesale, Inc 768 E Dania Beach Blvd Dania, FL 33004 Industry Code: 424990 Effective: 01 /09/2012 New Horizons Community Mental Health Center Inc 1313 NW 36th St Ste 400 Miami, FL 33142 Industry Code: 621112 Effective: 01 /09/2012 North Broward Hospital District 303 SE 17th St Ft Lauderdale, FL 33316 Industry Code: 622110 Effective: 01 /09/2012 Our Kids of Miami-Dade/Monroe, Inc Rohde Bldg 401 NW 2nd Ave S-212 Miami, FL 33128 Industry Code: 624110 Effective: 01 /09/2012 Pinellas County Board of County Commissioners 315 Court St Clearwater, FL 33756 Industry Code: 921120 Effective: 01 /09/2012 Public Health Trust -Jackson Memorial Hospital 1611 NW 12th Ave Miami, FL 33136 Industry Code: 621493 Effective: 01 /09/2012 Recordine for the Blind and Dyslexic Florida 6704 SW 80th St Miami, FL 33143 www.leg.state.f].us/Lobbyist/index.cfm?Lobbyists=View Lobbyist_lnfo&Tab=lobbyist&Submenu=2&Fi... 7/9 10/11/12 Industry Code: 611710 Effective: 01 /09/2012 Republic Services, Inc 751 NW 31 st Ave Ft Lauderdale, FL 33311 Industry Code: 562111 Effective: 01 /09/2012 South Broward Hospital District 1131 N 35th Ave Hollywood, FL 33021 Industry Code: 921190 Effective: 01/09/2012 Spectrum Programs 8 Miami Behavioral Health Center 11031 NE 6th Ave Miami, FL 33161 Industry Code: 621112 Effective: 01 /09/2012 Sun Life Stadium 2269 Dan Marino Blvd Industry Code: 711219 Effective: 01/09/2012 Miami Gardens, FL 33056 Teva Pharmaceuticals. USA 444 N Capitol St NW Ste 399 Rogers, AR 72758 Industry Code: 325412 Effective: 01/09/2012 University Area Community Development Corporation 14013 N 22nd St Tampa, FL 33613 Industry Code: 922190 Effective: 01 /09/2012 University of Miami Ashe Administration Bldg Rm 230 Coral Gables, FL 33146 Industry Code: 611310 Effective: 01/09/2012 Vehicle Production Group 1425 Brickell Ave Ste 54-E Miami, FL 33133 Industry Code: 336111 Effective: 01 /09/2012 Village of Bal Harbour 655 96th St Bal Harbour, FL 33154 www.leg.state.fI.us/Lobbyist/index.cfm?Lobbyists=View Lobbyist_lnfo&Tab=lobbyist&Submenu=2&Fi... 8/9 10/LbIJWlst Information :Lists :->2012->L->Book, Ronald L : Online Sunshine Industry Code: 921190 Effective: 01/09/2012 Villave of Palmetto Bay 8950 SW 152nd St Palmetto Bay, FL 33157 Industry Code: 921190 Effective: 01/09/2012 Village of Royal Palm Beach Royal Palm Beach Blvd Royal Palm Beach, FL 33411 Industry Code: 921190 Effective: 01 /09/2012 Vitas Healthcare Corporation 100 S Biscayne Blvd 15th Floor Miami, FL 33132-2304 Industry Code: 621610 Effective: 01 /09/2012 West Flagler Kennel Club, Inc 401 NW 38th Ct Miami, FL 33126 Industry Code: 711212 Effective: 01/09/2012 2500 SW 73Ave Miami, FL 33155 (Withdrawal Date: 09/14/2012) industry Code! 621493 Eff eti , 01 /09i2912 White Rock Quarries 101 Sansbury's Way West Palm Beach, FL 33411 Industry Code: 212312 Effective: 01/09/2012 Copyright © 1995-2012 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.f1.us/Lobbyist/index.cfm?Lobbyists=View Lobbyist_Info&Tab=lobbyist&Submenu=2&Fi... 9/9 WEISS, HANDLER & CORNWELL, P.A. ATTORNEYS AT LAW ONE BOCA PLACE SUITE 218A 2255 GLADES ROAD WILLIAM J. BERGER BOCA RATON, FLORIDA 33431-7392 WILLIAM J. CORNWELL* DAVID K. FRIEDMAN BOCA RATON (561) 997-9995 HENRY B. HANDLER BROWARD (954) 421-5101 CAROL A. KARTAGENER° SETH A. KOLTON PALM BEACH (561) 734-8008 I40WARD I. WEISS** TELECOPIER (561) 997-5280 www.weisshandler.com ' FL, GA BARS October 12 2012 * * FL, NY BARS °BOARD CERTIFIED MARITAL & FAMILY LAW VIA EMAIL ONLY: smithd car mydeh aybeach.com Mr. Douglas E. Smith Assistant City Manager City of Delray Beach 100 Northwest 1 st Avenue Delray Beach, FL 33444 Re: Proposal for Lobbyist Services Dear Mr. Smith: OF COUNSEL RAOUL LIONEL FL•LDEW WILLIAM M. FRANZ PETER P. LINDLEY HARRY WINDERMAN 'NY BAR, NOT ADMITTED IN FL JOSEPH ABRUZZO GOVERNMENT RELATIONS & PUBLIC POLICY NOT ADMITTED TO FL BAR The firm of Weiss, Handler & Cornwell, P.A. (the "Firm") offers its state lobbying services to the City of Delray Beach. We understand that the City may retain a lobbyist on a single issue (transient housing) and for general lobbying services. For the single issue representation for the 2013 Session, the Firm proposes a single fee of $12,500. For general lobbying services from November 1, 2012 through May 31, 2013, the Firm proposes $5,000 per month (total of $35,000). As you know, it has been the Firm's pleasure to lobby for the City of Boca Raton'from, October, 2009 through June, 2012 and the Firm will be resuming its representation as of this month. During the course of its engagement by Boca Raton, the Firm was compensated at $5,000 per month. The issues on which the Firm represented Boca Raton included, but were not limited to, 1299 Special Category grants and aids for special projects, such as such as Presidential Debate security at Lynn University, as well as economic development, communications services and local business tax protection, water policy, energy, municipal employee pension plans, and revenue and expenditure caps. Additionally, the Firm has represented the Palm Beach County Sheriff since September, 2009 on a great many criminal justice and law enforcement issues before the State Legislature. If you have any question, please do not hesitate to contact us. Very truly yours, WEISS, HANDLER & CORNWELL, P.A. HENRY B. HANDLER MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 9, 2012 SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 APPOINTMENT TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Police Advisory Board. BACKGROUND Mr. Kevin Warner was appointed to the Education Board at the City Commission meeting of August 7, 2012. This creates a vacancy for one (1) regular member. Ms. Linda Kidd was appointed to fill that vacancy at the City Commission meeting on September 20, 2012. She does not want to be considered for this Advisory Board. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membershipshall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve an unexpired term ending July 31, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term ending July 31, 2013. POLICE ADVISORY BOARD 08/12 TERM EXPIRES NAME & ADDRESS 07/31/13 DeAnna Longo Appt 06/21 / 11 07/31/14 Wyana Claxton Unexp Appt 08/16/11 Reappt07/17/12 07/31/14 Samuel Menard Appt 08/07/12 07/31/14 Robert Shell, Vice Chair Unexp Appt 08/02/11 Reappt07/17/12 07/31/13 Matthew Monahan Unexp Appt 04/20/10 Reappt06/21/11 07/31/13 Annette Annechild Unexp Appt 11/01/11 07/31/14 Shelly Weil Appt 07/17/12 07/31/14 Aird Cajuste Appt 07/17/12 07/31/14 Edith Thompson Appt 07/20/10 Reappt07/17/12 07/31/13 Catherine DeMatto Appt 06/21/11 07/31/13 Unexp Appt Vacant 07/31/13 (Student) Vacant 07/31/14 Student Vacant Contact: Venice Cobb 243-7056 S/City Clerk/Board 12/Police Advisory Board City of Delray Beach Police Advisory Board — Applicants Exhibit A 1. Theodore Berman Resident/Business Owner 2. John Michael Chadam Resident 3. Laura Fenoglio Resident 4. Joseph Ingram Resident 5. John Jackson Resident 6. Ellen Major -Hanna Resident 7. Robert Marks Resident 8. Marc Muscarella Resident/Business Owner 9. Maria Sachs Resident MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 9, 2012 SUBJECT: AGENDA ITEM 10.G. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Neighborhood Advisory Council. BACKGROUND There are two (2) vacancies for student members on the Neighborhood Advisory Council. The terms are unexpired ending July 31, 2013. Appointments are needed for two (2) student members. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following individuals have submitted applications for consideration: Nathaniel Ellis student Elisha Porter student Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1) for two (2) student members to serve unexpired terms ending July 31, 2013. RECOMMENDATION Recommend appointment of two (2) student members to serve unexpired terms ending July 31, 2013. 09/12 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 07/31/13 Zone 1 Susan Sims Unexp Appt 11/16/10 07/31/14 Zone 2 Stephen Lampel Appt 09/06/11 07/31/13 Zone 3 Linda Laurence Leib Unexp Appt 10/17/06 Reappt10/16/07 Reappt10/19/10 07/31/13 Zone 4 Suzanne Donohue Appt 10/19/10 07/31/14 Zone 5 Gail -Lee McDermott, Chairperson Unexp 03/03/08 Reappt10/07/08 Reappt07/19/11 07/31/14 Zone 6 Linda Prior, Vice Chair Unexp Appt 02/20/07 Reappt10/07/08 Reappt07/19/11 07/31/14 Zone 1 Mark Behar Unexp Appt 06/05/12 07/31/14 Zone 2 Colson Zulmar Unexp Appt 04/03/12 07/31/15 Zone 3 Wendy Smith Appt 06/19/12 unexp + 2 yr3 07/31/15 Zone 4 Kristen Albanese Appt 07/05/12 07/31/15 Zone 5 Dorothy Payne Appt 06/19/12 unexp + 2 yr3 07/31/15 Zone 6 Adam Reback Unexp Appt 06/05/12 07/31/14 At Large William Milner Uenxp Appt 02/03/09 Representative Reappt07/19/11 07/31/14 At Large Patricia Westall Unexp Appt 09/04/12 Representative 07/31/15 At Large Pearl Markfield Elrod Appt 07/05/12 Representative 07/31/13 Student Vacant 07/31/13 Student Vacant Board 12/Neighborhood Advisory Council MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 10, 2012 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ORDINANCE NO. 40-12 (FIRST READING/ FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Approval of a city -initiated amendment to the Land Development Regulations (LDRs) that will amend prohibitions, exemptions/exceptions, waivers and penalties for transient residential uses; and will amend the definition of `transient residential uses.' BACKGROUND Transient Residential Uses are prohibited in Single Family and Planned Residential Development (PRD) zoning districts, but are allowed as a permitted use in the Medium Density Residential (RM) districts with turnover rates of up to six (6) times per year and prohibited thereafter. Turnover rate refer to the entire dwelling unit or any part thereof, regardless of how it is segmented. These current modifications clarify that the Single Family Residential Zoning districts category includes the (RR) Rural Residential zoning designation and that the Medium Density Residential zoning districts category includes the (RL) Low Density Residential zoning designation. These ordinance modifications also provide for procedural standards for undue economic hardship requests and remove a reference to "Transient Residential Use" as a principal use allowed in the RM (Medium Density Residential District). The Planning and Zoning Board reviewed the item at its September 24, 2012 meeting and made a recommendation of approval on a 7-0 vote RECOMMENDATION By motion, approve Ordinance No. 40-12 on first reading for a city -initiated amendment to the Land Development Regulations to modify Subsection 4.3.3(ZZZ), "Transient Residential Uses", in order to clarify prohibitions, exemptions/exceptions, waivers, and penalties for same; and amending Appendix "A", "Definitions", in order to amend the definition of "Transient Residential Uses, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5 (M). ORDINANCE NO. 40-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3, "SPECIFIC REQUIREMENTS FOR SPECIFIC USES", BY AMENDING SUBSECTION 4.3.3(ZZZ), "TRANSIENT RESIDENTIAL USE", IN ORDER TO CLARIFY PROHIBITIONS, EXEMPTIONS/ EXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AMENDING APPENDIX "A", "DEFINITIONS", IN ORDER TO AMEND THE DEFINITION OF "TRANSIENT RESIDENTIAL USE"; AMENDING SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO REMOVE TRANSIENT RESIDENTIAL USE AS A PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission hereby finds and declares that the leasing, renting, licensing, subleasing or otherwise allowing in any manner or form the use of single-family residential dwelling units for periods of less than twelve (12) months with a turnover in occupancy more often than three (3) times per year to any person, entity or family, is a non-residential activity and is not considered an accessory use customarily accessory and incidental and subordinate to the primary intended purpose of dwellings, See, Schwar.Z P. City of Treasure Island, 21 Fla.L.Weekly Fed. C11541 (11 th Cir. 2008); and WHEREAS, the Census Data collected by the U.S. Census Bureau in 2010 provides that the average family size is 2.24 people in the City of Delray Beach; and WHEREAS, transient residential uses often maximize occupancy causing increased pressure on infrastructure, including: garbage, sewer, water, roadways, and utilities; code enforcement, law enforcement, fire protection and inspection services; and WHEREAS, transient residential uses can result in increased noise and traffic in single-family residential communities; and WHEREAS, unless regulations are placed on the amount and location of transient uses, such uses could overwhelm the non -transient related single-family residential community making the City of Delray Beach a less attractive place to reside; and WHEREAS, transient residential uses can be incompatible with permanent and seasonal residential uses if not properly planned, controlled and regulated; and WHEREAS, the rapid turnover in occupancy associated with transient residential uses can be a disruptive influence on the peaceful use and enjoyment of single family residential areas; and WHEREAS, reserving land for single family residences preserves the character of neighborhoods, securing "zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for people." See, City of Edmonds v. Oxford House, 514 U.S. 725, 733 115 S.Ct. 1776, 131 L.Ed. 2d 801 (1995); and WHEREAS, Congress intended the FHA to "prohibit the use of zoning regulations to limit the ability of the handicapped to live in the residence of their choice in the community; however, the FHA does not pre-empt or abolish a municipality's power to regulate land use and pass zoning laws." See, Jeffrey O. a City of Boca Baton, 511 F. Supp. 2d 1339 (S.D. Fla. 2007); and WHEREAS, transient residential uses can displace permanent single family residential dwellings and thus reduce the number of permanent residents in the City and cause a reduction in state revenue sharing funds necessary to support the services that influence the quality of life for residents, commercial interests, and visitors to the City of Delray Beach; and WHEREAS, uncontrolled and unregulated transient residential uses is found to have a negative impact on the City of Delray Beach's economy, property values, law enforcement, traffic, safety, and the general health, safety, and welfare of the citizens of Delray Beach; and WHEREAS, the State of Florida has recognized that leases, rentals, licenses, subleases, and assignments or otherwise allowing in any manner the use of a residential dwelling unit for under six (6) months in duration is a transient use and is therefore taxed by the State of Florida at a rate of six (6) percent of the total rental amount charged; and WHEREAS, the Delray Beach Planning and Zoning Board has reviewed this ordinance and a duly noticed public hearing was held before the Planning and Zoning Board on September 24, 2012, and said Board has recommended adoption of the changes to the City's Land Development Regulations regarding the regulation of transient rental units by a vote of 7 to 0 ; and WHEREAS, the City Commission and the Planning and Zoning Board both find that the ordinance is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Regulations of the City of Delray Beach, Florida, Section 4.3.3, "Specific Requirements for Specific Uses", Subsection 4.3.3(ZZZ), "Transient Residential Uses", shall hereby be amended to read as follows: 2 ORD. NO. 40-12 (ZZZ) TRANSIENT RESIDENTIAL USE The entire dwelling unit or any part thereof, which is located in Single Family, Rural Residential, or Planned Residential Development Zoning Districts and is operated or used in such a way that any part of the dwelling unit turns over occupancy more often than three (3) times in any one (1) year shall be presumed to be a Transient Residential Use and therefore prohibited. An entire dwelling unit or any part thereof, which is located in Low Density Residential (RL) or Medium Density Residential (RM) Zoning Districts and is operated or used in such a way that any part of the entire dwelling unit turns over occupancy more often than six (6) times in any one (1) year shall be presumed to be a Transient Residential Use and therefore prohibited. (1) Exceptions/Exemptions: (a) Existing transient residential uses with a turnover more often than three (3) times per year but not exceeding six (6) times per year in single-family, rural residential, and planned residential development zoning districts may continue until twelve (12) months after the effective date of 4tis ordinance 03-12. (b) The leasing, renting, licensing, subleasing or otherwise allowing in any manner or form the use of a single-family dwelling unit for Community Residential and Group Homes which are licensed by the state are exempt. (c) The real property owners of the dwelling unit and their family are exempt regardless of how much time the owners and family spend at the dwelling unit on a yearly basis. (2) Waiver for Undue Economic Hardship: In all instances where there is a claim of undue economic hardship, the property owner may be granted a waiver from Section 4.3.3(ZZZ) after submission of waiver request to the City's Community Improvement Director or his/her designee . (al All waivers requests shall include the following documentation: {} 1. The amount paid for the property, the date of purchase, and the party from whom purchased; {b} 2. The assessed value of the land and improvements thereon, according to the two most recent assessments; {cj 3. Real estate taxes for the previous two years; 3 ORD. NO. 40-12 ,- ,- 4. Annual debt service or mortgage payments, if any, for the previous two years; All appraisals, if any, obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property; Any listing of the property for sale or rent, price asked, and offers received, if any; The annual gross income from the property for the previous two years, if any; {� 8. The annual cash flow, if any, for the previous two years; {} 9. An applicant may submit and the Community Improvement Director or his/her designee may require that an applicant furnish additional information relevant to the determination of any alleged undue economic hardship; and {5} 10. In the event that any of the required information is not reasonably available to the property owner and cannot be obtained by the property owner, the property owner shall file statement of the information which cannot be obtained and the reasons why such information cannot be reasonably obtained. Where such unobtainable information concerns required financial information, the property owner will submit a statement describing estimates which will be as accurate as are feasible. bbl Notice of Proposed Decision. The City's Community Improvement Director, or his/her designee, shall have the authority to consider and act on waivers for undue economic hardship under this section. When a waiver has been requested, the City's Community Improvement Director, or his/her designee, shall issue a written determination within forty-five (45) days of the date of receipt of all required documentation and may, (1) grant the waiver request, grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or 3) deny the request. Any such denial shall be in writing and shall state the grounds therefore. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the 4 ORD. NO. 40-12 requestingparty by certified mail, return receipt requested. If reasonably necessary to reach a determination on the request for reasonable accommodation, the City's Community Improvement Director, or his/her designee, may, prior to the end of said forty-five (45) day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the forty-five (45) day period to issue a written determination shall no longer be applicable, and the City's Community Improvement Director, or his/her designee, shall issue a written determination within thirty(0) days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen (15) dayperiod, the City's Community Improvement Director, or his/her designee, shall issue a written notice advising that the reguesting12arty had failed to timely submit the additional information and therefore the request for waiver shall be deemed abandoned and/or withdrawn and no further action by the City with regard to said wavier request shall be required. (c) A9 al. Within thirty (30) days after the Communit, provement Director's, or his/her designee's, determination on a waiver request is mailed to the requesting 12aM, such applicant mayappeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the City Commission who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than sixty(60) days after an appeal has been filed. (3) Reasonable Accommodation: Reasonable Accommodations from this section may be obtained pursuant to LDR Section 2.4.7(G). (4) Penalties for Violations: The City adopts all enforcement methods, which include, but are not limited to, the issuance of a citation, summons, notice to appear in county court, arrest for violation of municipal ordinances, civil citations, injunction or any other enforcement method authorized by law including penalties as set forth in Section 10.99 of the City's Code of Ordinances. Any property owner that leases, rents, licenses, subleases, or otherwise allows in any manner or form the use of an entire dwelling unit within a single- family, rural residential, or planned residential development zoning district for a period of less than twelve (12) months with a turnover in occupancy of any part of the dwelling unit more often than three (3) times in any one (1) year as well as those entire dwelling units that are 5 ORD. NO. 40-12 located within Low Density Residential (RL) or Medium Density Residential (RM) Zoning Districts with a turnover in occupancy of any part of the dwelling unit more often than six (6) times in any one (1) year shall be in violation of this section. (5) Severability: (a) Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Section 4.3.3(ZZZ) is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the remainder of Section 4.3.3(ZZZ), "Transient Residential Uses". (b) If the entire Section 4.3.3(ZZZ) is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the earlier version of this section adopted by the City Commission on July 7, 2009 as Ordinance 29-09 shall be substituted herein and shall be deemed to be in full force and effect. Section 2. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: TRANSIENT RESIDENTIAL USE shall mean the entire dwelling unit or any part thereof, which is located in Single Family, Rural Residential, or Planned Residential Development Zoning Districts and is operated or used in such a way that any part of the dwelling unit turns over occupancy more often than three (3) times in any one (1) year and the entire dwelling unit or any part thereof, which is located in Low Density Residential (RL) or Medium Density Residential (RM) Zoning Districts and is operated or used in such a way that any part thereof turns over occupancy more often than six (6) times in any one (1) year. Section 3. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection (B), "Principal Use and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with twelve (12) or fewer residents. 6 ORD. NO. 40-12 (5) Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7) Pocket parks. (8) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (9) Assisted Living Facilities and Continuing Care Facilities. (10) Transient Residetitial Use {44)410�Residential Licensed Service Provider Facilities. {t }4 1�Nursing Homes within multi -family structures only. { }412 Community Gardens pursuant to regulations set forth in Section Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 , 2012. ATTEST City Clerk First Reading Second Reading MAYOR 7 ORD. NO. 40-12 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 24, 2012 AGENDA NO: VL E. AGENDA ITEM: CONSIDERATION OF A CITY -INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SUBSECTION 4.3.3(ZZZ), "TRANSIENT RESIDENTIAL USES", IN ORDER TO CLARIFY PROHIBITIONS, EXEMPTIONS/EXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AND AMENDING APPENDIX "A", "DEFINITIONS", IN ORDER TO AMEND THE DEFINITION OF "TRANSIENT RESIDENTIAL USES". ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city - initiated amendment to the Land Development Regulations (LDRs) that will amend prohibitions, exemptions/exceptions, waivers and penalties for transient residential uses; and will amend the definition of `transient residential uses.' Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND' In February of 2012 the City enacted ordinances relating to transient residential uses which stemmed from concerns that allowing use of single family residential dwelling units for transient residential use elevates the use to one that has characteristics of a non-residential activity and is not considered incidental and subordinate to the primary purpose of a single family dwelling. Those original ordinances clarified prohibitions, exemptions/exceptions, and waivers and penalties for transient residential uses and modified the existing definition of transient residential uses to limit occupancy turn over to no more than three (3) times per year for any dwelling or any part thereof. Additional changes to one of these ordinances are now proposed which will provide additional clarification as to applicability and provide additional procedural standards for waiver requests. ANALYSIS Transient Residential Uses are prohibited in Single Family and Planned Residential Development (PRD) zoning districts, but are allowed as a permitted use in the Medium Density Residential (RM) districts with turnover rates of up to six (6) times per year and prohibited thereafter. Turnover rate refer to the entire dwelling unit or any part thereof, regardless of how it is segmented. These current modifications clarify that the Single Family Residential Zoning districts category is inclusive of the (RR) Rural Residential zoning designation and that the Medium Density Residential zoning districts category is inclusive of the (RL) Low Density Residential zoning designation. These ordinance modifications also provide for procedural standards for undue economic hardship requests. Planning and Zoning Board Meeting, September 24, 2012 LDR Amendment — Transient Residential Uses Any property owner that leases, rents, licenses, subleases a single family residential dwelling unit within the single family zoning districts more than three (3) times in any given year or a dwelling unit in Medium Density Zoning districts more than six (6) times in any given year will be in violation of this ordinance. REQUIRED 'FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Comprehensive Plan identified the following applicable objectives/policies: Housing Element Objective A-4 For those areas identified as "needing stabilization" on the Residential Neighborhood Categorization Map", the City shall take measures to prevent further decline (i.e. environmental impact, police activity, traffic, building height and density), and to help move the neighborhood toward a classification of "stable" residential," without displacement of existing residents. Housing Element Objective A-11 To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. The proposed ordinance is consistent with the above -stated objectives. REVIEW BY OTHERS; Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ■ Neighborhood Advisory Council ■ Delray Citizens Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, modifying Subsection 4.3.3(ZZZ), "Transient Residential Uses", in order to clarify prohibitions, exemptions/exceptions, waivers, and penalties for same; and amending Appendix "A", "Definitions", in order to amend the definition of "Transient Residential Uses, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Pian and meets the criteria set forth in LDR Section 2.4.5(M). 2 Planning and Zoning Board Meeting, September 24, 2012 LDR Amendment — Transient Residential Uses C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, modifying Subsection 4.3.3(ZZZ), "Transient Residential Uses", in order to clarify prohibitions, exemptions/exceptions, waivers, and penalties for same; and amending Appendix "A", "Definitions", in order to amend the definition of "Transient Residential Uses, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION' Recommend approval to the City Commission of the amendment to Land Development Regulations, modifying Subsection 4.3.3(ZZZ), "Transient Residential Uses", in order to clarify prohibitions, exemptions/exceptions, waivers, and penalties for same; and amending Appendix "A", "Definitions", in order to amend the definition of "Transient Residential Uses, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 5, 2012 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ORDINANCE NO. 29-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second readingto consider a request for historic designation of an individual site known as the "Waters-Wellenbrink Residence", located at 1108 Vista Del Mar Drive North to be listed in the Local Register of Historic Places. BACKGROUND At the first reading on September 20, 2012, the Commission passed Ordinance No. 29-12. RECOMMENDATION Recommend approval of Ordinance No. 29-12 on second and final reading. ORDINANCE NO 29-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING WATERS- WELLENBRINK RESIDENCE, LOCATED AT 1108 VISTA DEL MAR DRIVE NORTH, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and, WHEREAS, John J. Grogan and Jenny Vogt, as property owners, have nominated the property described herein to be designated as a local historic structure; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noted Public Hearing in regard to the designation of the property as a local historic structure; and, WHEREAS, on September 19, 2012, the Historic Preservation Board of the City of Delray Beach recommended to that the property described herein be designated a local historic structure; and, WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Memorandum Staff Report; and, WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan; and, WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed Public Hearing in regard to the designation of the property structure located on the property described herein as a local historic structure. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2 That the structure on the described property is hereby designated as a local historic structure in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulation of the City of Delray Beach, Florida, to -wit: Section 3 That the Planning and Zoning Director of said City shall, upon the effective date of this Ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. 1 Ord No. 29-12 Section 4 That all Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. Section 5 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 8 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 3201—. ATTEST: City Clerk First Reading Second Reading MAYOR 2 Ord No. 29-12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 12, 2012 Page 1 of 2 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 20.2012 ORDINANCE NO. 29-12 ITEM BEFORE COMMISSION The item before the City Commission is that of approval to individually designate the property located at 1108 Vista Del Mar Drive North, as "Waters — Wellenbrink Residence", for listing on the Local Register of Historic Places. BACKGROUND The subject property is located at 1108 Vista Del Mar Drive North on the south side of the street, west of Andrews Avenue. The property contains a Cape -Cod Colonial Revival style single-family residence constructed in 1938. The building has been minimally altered which has allowed it to maintain its integrity. To qualify as a historic site, the property must fulfill one or more of the criteria set forth in the Land Development Regulations Section 4.5.1(B). The site is being considered for listing on the Local Register of Historic Places as it fulfills the criteria of (B)(2) for its historical and cultural significance. The residence at 1108 Vista Del Mar Drive North meets the above criteria in that it represents the lifestyle of its original and earliest residents who were "wealthy winter residents from the northeast seeking a comfortable and social location... considered less formal than Palm Beach." The selected designation name of "Water — Wellenbrink Residence" is derived from Willard Water and H.H. Wellenbrink, the original developers who created the Delray Beach Esplanade plat which emcompassed all properties located along Vista Del Mar Drive. The structure also fulfills the criteria of (B)(3) due to its architectural or aesthetic significance., as it is exemplified by the Cape Cod/New England Cottage Revival style prevalent in coastal areas of South Florida throughout the 1930s and 1940s. The design, while thought "to have been built from a plan book" popular in the 1930s, provides distinctive features such as a stepped cedar shingle roof, dormers, and a central fireplace, among others. The original plans, therefore, do not indicate an architect. However, there may be a connection to Sam Ogren Sr., who is known as the "Father of Delray http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=6021 &MeetingID=389 10/8/2012 Coversheet Page 2 of 2 Architecture", based on a newspaper article from 1987. REVIEW BY OTHERS The Historic Preservation Board (HPB) will review the subject designation at its meeting of September 19, 2012. The recommendation will be presented to the City Commission during the agenda item presentation. RECOMMENDATION Move approval on first reading of Ordinance No. 29-12 to place the property located at 1108 Vista Del Mar Drive North on the Local Register of Historic Places as "Waters-Wellenbrink Residence", by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and Section 4.5.1(B) of the Land Development Regulations. http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=6021 &MeetingID=389 10/8/2012 City of Delray Beach Historic Designation Application Waters -Wellenbrink Residence: 1108 N. Vista Del Mar Dr. Table of Contents General Information Property or Site Inventory Architectural Significance Historical and Cultural Significance Statement of Significance Bibliography & Sources Appendix A: Photographs Appendix B: Florida Master Site File Forms General Information General History: The property is located in "Delray Beach Esplanade," a 1938 subdivision. BEACH ESPLANgDF DELRAY BEACH, FLORIDA IN SEC. 16, T. 46 S., R.43 E., PALM BEACH COUNTY, FLA. e January, 1935 Scale 1'.50' s _ t,?CE AN .or%iix'"�a�an3:uNNiAlvE�4_/eiY���� COUNTYO. %Ae i� EFs��npn.� Apprfceucc pyo 14 A. .91e ar, n .a . c•.•.r e..c 1e`�1YSa.w ee e.� c•..nr. co.,,.,•.�n,,.r..e'• lue cvunry 6n3/nur NOTfi Arc Dim•n,iene x• •hewn w •// Cwvy r canm,.•ron ••pir.a •�L •eAe. Hlan 90 39 36 3s �I S 3x � 98 40 �/ '� 42 43 '� 44 ^ 45 46 : - #7 t,?CE AN .or%iix'"�a�an3:uNNiAlvE�4_/eiY���� COUNTYO. %Ae i� EFs��npn.� Apprfceucc pyo 14 A. .91e ar, n .a . c•.•.r e..c 1e`�1YSa.w ee e.� c•..nr. co.,,.,•.�n,,.r..e'• lue cvunry 6n3/nur NOTfi Arc Dim•n,iene x• •hewn w •// Cwvy r canm,.•ron ••pir.a •�L •eAe. Hlan Property Address: 1108 N. Vista Del Mar Dr. Legal Description: The West 25 feet of Lot 32, and all of Lot 33, in Delray Beach Esplanade according to the Plat thereof, as recorded in Plat Book 18, page 39, of the Public Records of Palm Beach County, Florida. Current Zoning: R -1 -AAA Land Use: Single Family Residence Proposed Classification for Designation: Individual Designation 03 19 IV -!jr,fwnl� j -igs, 1108 Vista Del Mar'Dr'N,-D'elta Beac mw in OL 014 '60 jj AP ;ttF oplik, id or I T7 fo.4 1 A IL -% 3 P E. dog 61 Mir r 4, .16 483, USA 16 08 Vista. r Dr N, DeIrA� low A.1- - po Vista Del Mar Dr N -- 1108 < Vista Del Mar Drs'_ i Property or Site Inventory I List of Buildings: 1. Single Family Residence 2. Detached Garage Date of Construction: 1938 Architectural Style: Colonial Revival: "New England Cottage Revival" ° 1O $0 Lf6lV- DtSGK/P770N,• � 0.2 R VU�LVIIWA THE WEST 25 FEET OFLOT 32 AND ALL OF LOT33, M DELRAYBEACH I GRAPHIC SCALE (In F -L) ESPLANDE, ACCORDING TO THE PLATTHEREOF, AS RECORDED IN PLATBOOK r. n 20.0' I inch = 20 Lt. 18, PAGE 39, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA. TARGETSURVEYING,INC. LICENSED BUSINESS 11.6' C Survey Number. 163168 of 19.9' a' IL O "; FIELDWORK 10.13-2010 BRICK NORTH VISTA .) DEL MAR DRIVE FLOOD ZONE: AE COMMUNITY NUMBER., 125102 PROFESSIONAL SURVEYOR MAPPER 30' R/W (IMPROVED) PANEL: 0004 o v v 1 BASE FLOOD ELEVATION: 7 LOT 33 0.1 F.LRM. DATE., 01-05.1088 _ R=2062.66, E=21 046' FOUND 5/8" CATCH -- ~ IRON ROD I BASIN LB#353 uzl I aIDRICK ,. 'DRIVE,• V . FOUND5/8" 100,00' o FOUND 1/e LOT 43 IRON ROD LOT 44 1 NO I.D. ON ROD LB #353 N J R --M77.69 A-ronr L=50.13' T � O R=2062.69 1� Q R A-1°2333' Z Z O I i i I I ao — r f rte, E - Waterway Ln �S I m a` N Vista del Mar Or S1 TE 5 Vista del Mar Or LOCA 770NMAP--- 1VOef 11100N DfSGR/PT/ON.- AIC � 0.2 R VU�LVIIWA o 0 I #1108 1 r. n 20.0' L 3 i ^36.8' O ti 11.7' LICENSED BUSINESS 11.6' C 5.0'I BRICK I I / of 19.9' a' IL O "; r 1 L BRICK P.RC. .) 04 WOOD PROFESSIONAL SURVEYOR MAPPER w � 0 6 'SHED g Ig 12.5' o v v 1 g .I LOT 33 0.1 V . FOUND5/8" 100,00' o FOUND 1/e LOT 43 IRON ROD LOT 44 1 NO I.D. ON ROD LB #353 N J R --M77.69 A-ronr L=50.13' T � O R=2062.69 1� Q R A-1°2333' Z Z O I i i I I ao — r f rte, E - Waterway Ln �S I m a` N Vista del Mar Or S1 TE 5 Vista del Mar Or LOCA 770NMAP--- 1VOef 11100N DfSGR/PT/ON.- AIC AIR CONDITIONER j 1. LEGAL DESCRIP77ONPROVIDED BYCLIENT CENTERLINE 2. NO SEARCH OF THE PUBLIC RECORD FOR THE PURPOSE OF CENTRAL /DELTA ANGLE LD. IDENTIFICATION L LENGTH LB LICENSED BUSINESS NAV.D. NORTH AMERICAN VERTICAL DATUM N.G.V.D. NATIONAL GEODETIC VERTICAL DATUM OHL OVERHEAD UTILITIES P.RC. POINTOFREVERSECURVE P -K PARKER KYLON NAIL PSM PROFESSIONAL SURVEYOR MAPPER R R401USIR401AL RAN RIGHTOFWAY I I I I I LOT 4.5 LOT 46) Survey Clyde 0. McNeal PSM #2883 THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER LL 01 ci ad' CL a� �Q 12034 8.03.20121or1 T1s s .a c en it ..t b a �? Z F o 1'^ 3 v/ h a� o O 4 e I O NOTf5. j 1. LEGAL DESCRIP77ONPROVIDED BYCLIENT 2. NO SEARCH OF THE PUBLIC RECORD FOR THE PURPOSE OF REMAINDER I ABSTRACTING TITLE WAS PERFORMED BY THIS OFFICE I 3. NO SUBSURFACE IMPROVEMENTS WERE LOCATED AS PART OF LOT 32 i OFTHISSURVEY (NOT INCLUDED) I 4. ALL ANGLES AND DISTANCES SHOWN HEREONARE BOTH RECORD AND MEASURED UNLESS OTHERWISE NOTED I I I I I LOT 4.5 LOT 46) Survey Clyde 0. McNeal PSM #2883 THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER LL 01 ci ad' CL a� �Q 12034 8.03.20121or1 T1s s .a c en it ..t b a �? Z F o 1'^ 3 v/ h a� o O 4 e Architectural Significance The Waters-Wellenbrink Residence is an example of Colonial Revival architecture, which is one of American architecture's broadest descriptive categories because it includes a wide variety of architectural styles. The style is considered a creative and sometimes loose interpretation of 18th -century colonial architecture: Georgian, Federal, Dutch and Cape Cod - to name a few. Its peak of popularity was during the 1920s and 1930s, which coincided with the country's fascination with books and photographs by Wallace Nutting depicting architectural scenes of New England. Equally important was popular interest in the restoration of Colonial Williamsburg and its significant architectural influence on home building during this period. During the Great Depression of the 1930s, home construction was often "downsized" to a "cottage" scale. Consequently, these homes often drew on the modest story -and -a -half proportions of Dutch and Cape Cod precedents as well as diverse architectural styles other than Colonial Revival. These homes tend to allude to their colonial heritage without strict adherence to historically accurate colonial detailing. The Waters-Wellenbrink residence, constructed in 1938, is an example of Colonial Revival Architecture that incorporates the Cape Cod precedent. It is one of only three locally termed "New England Cottage Revival" houses remaining in a small subdivision that once represented diverse, eclectic architectural revival styles from the Great Depression to the Post World War II era. The home's distinctive Cape Cod features include: steeply pitched wood -shingled roof; central fireplace; clapboard siding; and many double -hung windows with shutters. However, the "Dutch dormer," at the front elevation, is a Dutch Colonial influence. In addition, a slight reference to a vernacular "Stick Style" can be seen in exposed rafter tails, vertical clapboard siding at the gables, decorative siding pattern at the east elevation, additional gables and use of casement windows. While it is clear from records and newspaper articles that Waters and Wellenbrink constructed the home, exhaustive research has been unable to determine the original architect. However, a report prepared by the Delray Beach Historic Preservation Board in 1998 indicates the home was likely created from a plan book, which would explain the absence of an architect's name being listed on the original plans. It is one of only two plan -book homes in the Vista Del Mar subdivision. Plans Provided by Historic Preservation Staff A . WM PALM MUCH COIMIY UVMM 1. y,I c �� 1�iM9�N� MAI Ir � �T', o. asp. nww o�wir��-• In addition, this August 8th, 1987 newspaper article from The Palm Beach Post loosely associates the Waters-Wellenbrink home with the work of well-known Delray Beach architect, Sam Ogren. The home is depicted in the bottom right photo. Unfortunately, regarding the home, no clear substantiation of a tie between Waters and Ogren is made. Nevertheless, as a prominent builder, there is ample evidence from various archives that Waters had a close affiliation with Ogren because he constructed many of the architect's commissions. It may be reasonable to suggest that Ogren might have willingly offered design input to projects that were particularly important to his builder. Historical and Cultural Significance In the 1930s, Delray Beach was a haven for writers, artists and well-known cartoonists looking for a winter refuge from the cold weather that embraced their northern homes. Among those who came to Delray Beach - and who settled in the area not far from the Vista Del Mar subdivision - were cartoonist Fontaine Fox, the creator of Toonerville Town and the Toonerville Trolley, and H.T. Webster, whose character Casper Milquetoast was the star of the "Timid Soul" comic strip. Along with the artists and writers came wealthy business owners, who wanted to avoid the formality of Palm Beach but who still yearned for the right climate, both social and atmospheric. Among them was George F. Green, a wealthy businessman from Danbury, Conn., who in 1935 was one of only a few residents in that town who were willing to give car rides to the curious for a 15 -cent donation to the local church. Green, the first owner of the home at 1108 Vista Del Mar Dr. North, was one of many winter residents reluctant to flaunt their wealth during a time when there was deep unemployment. As a result, he and others rejected the flamboyant Mediterranean revival -style home, the hallmark of residential construction during the Florida building boom. Instead these wealthy winter visitors chose to live in homes built in the Colonial Revival style, known locally as the New England Cottage Revival style. One of the most prolific builders of the time was Willard Waters, who along with his wife Billie, joined H. H. Wellenbrink and his wife, Charlotte, to plat the Delray Beach Esplanade subdivision along Vista Del Mar Drive North and South, west of Andrews Avenue. Waters and Wellenbrink would later build the home they would then sell to Green in 1940. Ernie Simon, a local attorney who grew up in Delray Beach and delivered newspapers in the Vista Del Mar subdivision, remembers Waters as a prolific builder who worked with the area's leading craftsmen and architects, including the city's first licensed architect, Samuel Ogren Sr. Waters grew up in Delray Beach and graduated from Delray Beach High School. His family lived at 222 N. Ocean Blvd., not far from the property he developed and farmed on the barrier island in the early 2011, century. In later years, Waters would become active in city politics and in civic clubs. It would not have been possible for Waters and Wellenbrink to develop the community had the city not entered into an agreement with residents to fill low-lying land east of the Intracoastal Waterway in an attempt to eliminate sandflies, which were making the location less than hospitable. Known as the Muck Lots because of pools of stagnant water that bred biting insects, the land was filled by 1937 and platted in January 1938. That same year, Wellenbrink and Waters applied for building permits for three model homes. By the 1950s, according to local architect Roy Simon, most of the Vista Del Mar area had been built out, with homes similar in style to the house that George Green bought from Waters and Wellenbrink. By the late 1980s, however, Delray Beach began to experience the spreading trend in which older homes were bulldozed to make way for larger and more modern homes. Today, there are only three homes in the subdivision that reflect New England Cottage Revival style architecture. Current owners, John Grogan and Jenny Vogt, a married couple from Pennsylvania, are dedicated to restoring the home they purchased in December 2010 from Alliann Hoover. The couple were full-time residents of Palm Beach County from 1987 to 1989 and both worked in Delray Beach. Although the home was in disrepair when it was purchased, Grogan and Vogt recognize its potential and hope to restore the property, keeping true to the original design and architecture. They believe that through restoration and sensitive additions, they can help maintain an important piece of Delray Beach's history and share their home as a reminder of a time when well-to-do artists and writers of the 1930s and 1940s found a welcoming winter warmth in Delray Beach. I 0 WATERWAY LLF fO 1984-9 VI57 A DEL MAR GR'b� 1941 DORCHESTER CO—OP STREET Proposed Vista Del Mar Historic District I Statement of Significance The Waters-Wellenbrink house, at 1108 Vista Del Mar Drive in Delray Beach, is worthy of historic designation both because of its architectural style and its social significance. Architecturally, it represents the New England Cottage Revival style that was prevalent in the 1930s and 1940s during the Great Depression and World War II era. These homes, once numerous in the Vista Del Mar subdivision, are disappearing at an alarming rate due to a growing trend of tearing down older homes and replacing them with larger modern houses. In addition, the home is one of only two in the neighborhood that were believed to have been built from a plan book and which are representative of popular styles of their time both across the nation and especially in the South Florida environment. The home also contains building materials - original Dade County Pine flooring, ceiling, and exposed structural beams; and old-growth cypress paneling; and elements of craftsmanship that are rapidly vanishing. From a cultural standpoint, the Waters-Wellenbrink home tells us much about the lifestyle of its early residents - many of them wealthy winter residents from the northeast seeking a comfortable and social location that was considered less formal than Palm Beach - that reflects the economic, social and environmental trends of the 1930s and `40s. Bibliography & Sources A FIELD GUIDE TO AMERICAN ARCHITECTURE; Virginia and Lee McAlester; New York; Alfred A. Knopf; 2000 AMERICAN HOUSE STYLES A CONCISE GUIDE; John Milnes Baker, A.I.A.; New York; W. W. Norton & Co.; 1994 ARCHIVES: City of Delray Beach; Delray Beach Historical Society; Palm Beach Co. Courthouse & Tax Appraiser IDENTIFYING AMERICAN ARCHITECTURE; John J. G. Blumenson; New York; W. W. Norton & Co.; 1981 DELRAY BEACH NEWS CLIPS 1936-1940; Courtesy of Claudia Willis and Dottie Patterson DELRAY BEACH HISTORIC SITE SURVEY; Palm Beach County Historic Preservation Board; July 1987 THE ART OF ARCHITECTURE; Delray Beach Historical Society; 1989-2000 VISTA DEL MAR HISTORIC DISTRICT DESIGNATION REPORT; Delray Beach Historic Preservation Board; April 1998 Appendix A: Photographs City Requested Credit: All photographs by Mesa Design~Mesa Architecture Residence: North Elevation (Front) 4r -El o:tq r � it -.�, J _ �' . 11► � .s, �. � ' ' -t � `� J �' • , ; _ �► ;�._..� �, - • .:R ~ � � `tea � ���`' ' � `, � � �' � _ �: ��� � - r, / - '�; i Ni. 'OF I Pq�l W.IN. ............ . . . . . . . . . . . . 14 Y lo� ' -Aw- 4'i it d7��1 - � � - :�" � �r � a . � �. -•'rya -c- � ` � L�s - �r�.� .Kr, r Z-1 LANdWSA 1F 1.ilk I • 1 � _ ley �' 4 .�\ � t: � ,��� ���� �, `. Garage: East Elevation (Left Side) Garage: Interior The architect, engineer and general contractor have determined the existing garage is structurally unsound and cannot be moved or reconstructed. In addition, the garage is "non -conforming" because it is not located within current building setbacks. Plans for the new garage meet all current setback requirements; its design is inspired by the original garage. Appendix B: Florida Master Site File Form STATE OF FLORIDA FLORIDA MASTER SITE FILE Check One or More F] Excellent 863= DEPARTMENT OF STATE 858_= Good 88_3_= = ❑ Unaltered prvisron or Archives. History Site Inventory Form FDAHRM 802= _ and Records Management DS-HSP•3AAA Rev. 3.79 - (Z ^ �� �} 1009= _ G'� Moved( )(Date: Site No. [�A.,7 Bui�drig Site Name 830= = Survey Date 820= Address of Site: 1108 Vista Del Mar Drive, North - Delray Beach 905= _ instruction for locating Delray Beach )1_)878- ❑ Deterloratlon( H x )878_ 813 =— Location: Delray Beach Esplanade 33 & W25'of32 868= subdivision name block no. lot no. 808= _ County: Palm Rech Owner of Site: Name: inn WnnuPr Address: ssmP -- 902 = - Type of Ownership Private 848 = = Recording Date , May 1, 1986 832 = _ Recorder: Name & Title: Sanford Smith Address: HPRr'PR 818= — Condition of Site: Integrity of Site: Original Use residence 838= Check One Check One or More F] Excellent 863= Altered 858_= Good 88_3_= = ❑ Unaltered 858== (] Fair 863= _ Original Site 858= _ n- Deteriorated 863= _ ❑ Restored_ ( ) (Date: )( )858= = Moved( )(Date: H )858== NR Classification Category: Bui�drig Threats to Site: Check One or More ❑ H K }878= _Zoning( ❑_D_evelopment( )( )1_)878- ❑ Deterloratlon( H x )878_ C7 Borrowing(�)(� H_)878= Present Use raci dt nca 850 = = Dates: Beginning i 938 844 = = Culture/Phase 840 = = Period 845= _ 916 = = ❑ Transportation( X )( )878= = (] Fill( H N )878= z ❑ Dredge( x x )878= = ❑ Other (see Remarks Below): Areas of Significance: Architecture 910= = ARCHITECT Unknown 872- = BUILDER Unknown 874= = STYLE AND/OR PERIOD _.__Cpttage . 964- = PLAN TYPE Rectangular 966 EXTERIOR FABRIC(S) Sdooa_siding 854= _ STRUCTURAL SYSTEM(S) ___.Wood frame__ 856= ; PORCHES Screen porch rear center ---- -- - - - - _ 942 = = FOUNDATION: �gnete _'. _ 942 = = ROOF_TYPE: _ Gable 942= = _ SECONDARY ROOF STRUCTURE(S): - 942= = CHIMNEY LOCATION: 942 = = WINDOW TYPE: 942= ` CHIMNEY:^ -_ _ _ 882= = ROOF SUR _F_ACt_N_G,_ _hlngj_e_ _ 682 = _ ORNAMENT EXTERIOR: _ __ 882= = NO.OFCHIMNEYS one 952= = NO.OFSTORIES two �- _— 950= = NO. OF DORMERS —_on,- 954= = Map Reference (incl. scale & date)._Defr?y_ Beach _topogravhic, 1:24,000 1962,1983- - -- - 809= _ -- Latitude and Longitude:---- 800 = _ Site Size iApprox. Acreage of Property): 833 - _ LOCATION SKETCH OR MA N i sista Del Mar Driv North 4, G i U) f � I � �4 i Photographic Records Numbers Contact Print Townghip south Ran a eas Section 46 43 15 812 = UTM Coordinates: Tnrie'—Easiing---florlFn`g 860 = = n'� ; ..,.._ �..''';,TfX .;P�.tr�Yi i v .3 � � t J hy'i��.�-r+�-r�� - �•� � �:ti. 1108 Vista Del Mar Drive North Delray Beach Additional Information LEGAL DESG('l!'TbN AIR CONDITIONER THE WEST25FEET OFLOT 32ANDALL OFLOT 33, IN DELRAY BEACH CENTERLINE GRAPIUC SCALE (In eeey ESPLANDE, ACCORDING TO THE PLATTHEREOF, AS RECORDED IN PLATBOOK CENTRAL/DELTAANGLE I inch = 20 O.. 16, PAGE39, OF THEPUBLIC RECORDS OFPALMBEACHCOUNTY,FLORIDA TARGETSURVEYWG, IND. L Sarveymmia,, 163169 LB FIELD NOW 10-13.2019 NORTH VISTA NOR TH AMERICAN MR TICAL DATUM DEL MAR DRIVE FLOODZONEAE COMMUNITYNUMBER:126102 ---r303�R/W (IMPROVED) PANEL: 0004 SUFFIX, D '—�•-"'—'=—=- _��^-----�__ B4SEFLOODELEVATM.,7 FLR.M. DATE: 01-05-1989 2 0 -R=2062.66' --• ---�Y —-- — Q_2�g6r47�'_ - FOUND 5/80- LDpp &SIN .i lRONROD I LB #353uv BRICK - - 1 o DRIVE -_ - 8 I +20- UI WORD 43.1' ' DE m 0-D �- CK � #1108 1 20.0' a I', 1 IWOD y 88RlGK 19.D' a' IrlSHEP 11.6' C I AR R' /o & I� 12.5J v v 33 ® WATER — �� 75. LOT 43 FOUND 518" 100,00' IRONROD LOT 44 LB 1x353 -.� R-2077.66 ---� 9 R=2062.fi0' I O A=1°23'33' O I i e0 r, v Waterway Ln N Vista del Mar Dr SITE S Vista del War Dr A19Dn �//AnclvOfSGR/�rdN AC AIR CONDITIONER Oy CENTERLINE S CENTRAL/DELTAANGLE LA. IDEN77FICA77ON L LENGTH LB LICENSEOBUSINESS NAV.D. NOR TH AMERICAN MR TICAL DATUM NAVA. NATIONAL GEODETIC VERTICAL DATUM OHL OVERHEAD UTILITIES P.R.C. POINTOFREVERSECURVE P -K PARKERKYLONNA9. PSM PROFESSIONAL SURVEYOR MAPPER R RADIUSIRADLAL RW RIGIITOFWAY O Wrff5r ,-1 }. LEGAL DESCRIPDONPROVIDEO BY CLIENT 2. NO SEARCH OF THE PUBLIC RECORD FOR THE PURPOSE OF REMAINDER ABSTRACTING TITLE WAS PERFORMED BY THIS OFFICE I 3.NO SUBSURFACE IMPROVEMENTS WERE LOCATED AS PART OF LOT 32 OFTHISSURVEY (NOT INCLUDED) 4. ALL ANGLES AND DISTANCES SHOKWHEREONAREBOTH RECORDAND MEASURED UNLESS OTHERMSENOTED i i 1 I — — 50100 FOUND 112 IRON ROD LOT 45 LOT 46 NO I.D. 'de 0. McNeal PSM h JIIoO V 8-03-2012 1 art °=20' cow West Hr�= p z O ULAe a Existing Second Floor Existing First Floor i Existing North Elevation (Front) S[CON7 FLOOR 0' 1 FIRST FLOOR 15'-6 570P?l ET "s 2 SECOND MOOR i0' 1 FIRST -LOOK Existing West Elevation (Right Side) ________________ .. ( | ' —____-_---_--_-_ _ ________- � --- ---__-- Existing����� Elevation (Rear) Existing East Elevation (Left Side) A Li' • 15'-6" T0P PLAT[ Y SECOND FL00 t FIRST FLOOR Deed Chain: 4/11/40 Charlotte M. Wellenbrink/ Willard Waters /Willie B. Waters - TO- George F. Green 9/9/49 George F. Green -TO- Julia G. Beers 3/20/50 Julia G. Beers -TO - George F. Green 6/27/66 Edwin H. Green/Marjorie Green -TO- Arthur B. Leonard 3/10/69 Arthur B. Leonard / Elizabeth H. Leonard -TO- Brian J. McMahon / Diana L. McMahon 8/4/69 Brian J. McMahon / Diana L. McMahon -TO- Elizabeth H. Leonard 12/13/76 Elizabeth H. Leonard -TO- Philip G. Caldwell / Lynn M. Caldwell 8/9/79 Philip G. Caldwell -TO~ Alliann Hoover 12/17/10 Alliann Hoover -TO- John J. Grogan/Jenny Vogt 1949-1969 Building Cards: No permits issued 1969-2012: No record of permits issued CITY OF DELRAY BEACH, FLORIDA SUBDIVISION n DESCRIPTIONBUILDING BLOCN ROOF LDT MISCELLANEOUS Imnar.a V ._.._Nan• owns George F Green _6prinA. IFlnl __OMIIa DRip. -Part Delray Beaeh Es lanade -_pins .._Fin r"..- 251 of 32 11 of .-..ful! Yamt --P.10. dadds Matal ADUREssanx— ^r�aahzrrv. Co Mansard -••• Tit. Panris —Vac. C. Sys. Eaempt OWNER SkFiNhts DESGRIPT;0`aIt Vifift Del Mar Drive, N FL90fl6 —St..A Ott[ N Ilnlrh AOORE55 _Slot• 5 AFt. , X I Side 9 F r —• Mud delsh -- inclauatms JIFATING OWNER Nane ADDRESS _Mill =_ R ld. -d. YEAR-- 7949 1950 1 1951 1952 1955 1954 -1955 1956 I957 1956 2959 1960 EI(MPTION tI or an..�_. CD!TBUGTION C-1.9 MIN, —_Gas Sww -- Wpd Ghlap �SOO PIIN --Na. ,„_Apulm*ntr -...._Ch-b VR'ab Fraena _ Br:p1 Cmb LAND Oii ^r� S Dp 7- tvt' r3�s�� .'Jc ., 0 - Y 0 Y � ✓ �� •K� CJ' -n / C/ si ROOFING ��E V,'i Eu Tilt BLOOD - PLUMBING Na.na 471Y 1Yl7 FBUNO0.TION6 .,--_PItth /f /•' ZnCy a U /O /.Yfl , -,,IL- b4 4 V) pC / vv 17p-en 9r rD _Sive.* 4-5'00' '- /! G11�J OPER. PROF. 0a, pro —Cu Lemps G� 7j. tl Zr C1`�''i /1 �"�1 1}7 OF BUIL DING BLOG. BReEMENT ROOF +I$T. FINFSU Flastn MISCELLANEOUS �T,YFE _�._Uhpl1 Ovd0• V ._.._Nan• —. CahN _.. ___ 0*euatb _6prinA. IFlnl __OMIIa DRip. -Part ��Xip -_pins .._Fin r"..- -Dal. lift. .-..ful! -_.Flat --P.10. dadds Matal rat. —Apartmht _Dirt Floor& Mansard -••• Tit. Panris —Vac. C. Sys. _._5tvrf —Cement FlaorPORD) SkFiNhts ES FL90fl6 —St..A Ott[ N Ilnlrh .J-�Fireplasu _Slot• 5 AFt. , X I Side 9 F r —• Mud delsh -- inclauatms JIFATING ._._._0111*• r....Nn*1 Nane X Aur S Slup. _Mill =_ R ld. -d. __. 5111 W. By.. -^•Alr Cen. Sy'. --Tft nifa --6taraa C --I I.I. Till EXT. WALLS FACTORS —0an1, (Apt.) —OII Bvrnlr Z FLOORING _01111* 15*rx) -- Flrsphs• tI or an..�_. CD!TBUGTION C-1.9 MIN, —_Gas Sww -- Wpd Ghlap �SOO PIIN --Na. ,„_Apulm*ntr -...._Ch-b VR'ab Fraena _ Br:p1 Cmb Culcntad ---Rapma 8 AOL —, Sabpui ._._.... Lrmbrr Sheds —Stlal F'". -CanerMl --Dill - �Stueea __ ON"BNnf. —Block -_TIN _, tivYli —uOMwjeam -_.Fln. AtUa R. _ fln. Case. R. .a:'A Date Cumple. ROOFING ✓ SDIn9N Eu Tilt AS1 —AS. --Rem*del*A XDidST. T EXT. THIN PLUMBING Na.na A Crawl FBUNO0.TION6 .,--_PItth .-11,1.1. = N. _Mehl —.Lomppiltion 81Ma It 0rnpmanta1 Tplhtt LIGNTIx6 _Sltla Brlek _Sive.* Tit, Floor —ENgrla _—Tlb-Flat ar Ornlmenlal �..�Tll• Plan __-..Tar PoUa N•hl ._.-Belhy Split -In Shaven —Cu Lemps LAND APPRAISAL Fnnfr•d WIY U. rylu WIY Cornar front Fnabr Poela[ Fpat Valuc YAlaattan 'es ><U�r� 7s X // Y GJ '7 EO D41M1 Faatr Nowtinp Fad. % ACRES 0 7. TOTAL LAND VALUATION TOTAL . U1.6, TOTAL LAND AND BLOCS. $ VALUATION R&CAP{TUf..{',TIOr4 $ ((tee V ADDITIBBAI. BUILD US CITY OF DELRAY BEACH, FLORIDA DISTRICT P- !AA SUBDIVISION BLOCxLor RNF IMT, FINISH Imarand -- aIql. Owls. OWNEnGeorga F. Green D A B F CH ESPLANADEJ ---Pimtlr .... P _-stalo. (Fbol 33 & W261 of 32 Vanat _ ADDRESS 113Deir Hill Ave,, Danbury, Conn. EA.mN, —OsPhA DRIB• OWNER DESCRIPTION'. U08 N, fls-rA oii. mqR oR,ADRAESE ADDRESS OWNER M.nwd TEAA- 1961 1962 1963 1964 1965 1966 1967 1968 1969 '1970 ! 1971 1972 EXEMPTION _. Rnataeu ._. laeinMaton HEATING _RDffln ---Non. % SMa IT Rear __ .NAI __. Etnl post. Sala, W. By.. All Lon. Sye. _Houl .�-Tn.atn __._Slnn LAND -" Minl. Lanwh —..Aehf. TIN - __ EXT. WALLS FACTORS -_Garape (API.) __011 Border Olrt FLOOR{MO _ Cana. (Ern.) SLOGS. '� I O _,_, Waad SIdw �_Xa. at Anm, CONSTRUCTION Cana. (Poll Ga Stflloq -.._ erlak ._.. Plna . AFxlmenb —_. --, Chtteh __Wood Fla.. TOTALS ^• MadNad LomA., Old,_„ --sual Fra.. _. R.Ini. Cantnla .�... St... -.. Melal __.7111 T Stand „•,•-,_T.,.!,. Fla. Alit, _-. A. FIR. Data. R. aB ROOFING `'G�^" PEN. POOP. `J' _ _._ Blaek S:tlnWa Data C..'ll. _. ShinN, C....I. TO. PLUMBING ___Also DESCRIPTION OF BUILDING (FpDOAb1,u 9,�� TYPE RLDL BASEMENT RNF IMT, FINISH YISCELLANEDDS -- aIql. Owls. .....Nano ._, Saab ---Pimtlr .... P _-stalo. (Fbol ._.._DeWr D.11. _. Part __._ Ny in. PI.. ..._.. FinEteapn —OsPhA DRIB• ---Fay .. Flat .—.. kardN..d _11,frl9.nitts A rlm,nl - P _...BRt Flea, M.nwd ^" M.uI -_ Mob a TH. -,.,Vas. C. S),, _..... C.m.al Fla.r PO RCNES Noll _.,Sky119NU ila0p5 - _Woad lol,h .__SLn601f1a .Stara 6 Aat. PNlth x Front _. Rnataeu ._. laeinMaton HEATING _RDffln ---Non. % SMa IT Rear __ .NAI __. Etnl post. Sala, W. By.. All Lon. Sye. _Houl .�-Tn.atn __._Slnn % 11w -" Minl. Lanwh —..Aehf. TIN - __ EXT. WALLS FACTORS -_Garape (API.) __011 Border Olrt FLOOR{MO _ Cana. (Ern.) ---- ilnFlan _,_, Waad SIdw �_Xa. at Anm, CONSTRUCTION Cana. (Poll Ga Stflloq -.._ erlak ._.. Plna . AFxlmenb —_. --, Chtteh __Wood Fla.. Brld Cala/ ^• MadNad LomA., Old,_„ --sual Fra.. _. R.Ini. Cantnla .�... St... -.. Melal __.7111 T Stand „•,•-,_T.,.!,. Fla. Alit, _-. A. FIR. Data. R. aB ROOFING --.'Mill _._ Blaek S:tlnWa Data C..'ll. _. ShinN, C....I. TO. PLUMBING ___Also EXT. TRIM Moo. ... Ramadded 6 Small —_Pahl -....ComDaaliion FOUNDATIOBE -••-Sten. __-Plain __... dtaamentai -,•• --iNlan. LICNTIXG Slah »._Caner.!. _.. Weed -_Batnroam: .._Eteebu _ __._...Tile -.Flat ar _ rtel _-_T II. —Shem ._._..Terra Delta _____Tile F'. �..... Bath., OaU!•la Ornamental Pln, Mrtd SA.trera Lane. LAND APPRAISAL FnatandDgM tl lI Pall. Oealh I`— Front F,,Ior Factx Pod V.I. Vala,(lon LOTS ACREAGE 300 x .A_-hnd 4nAaeelnP lut., o,tnitho Fall., % ACRES TOTAL LANK VALUAT14H .„. Amir TOTAL BUILDINGS S TOTAL LARD TOTAL LAND AND FLOOR. S EiP£ I NBISIIT I STO NBI0. fE !- x16 -7o /I)!H�. GOOD FAIN BAD Y.P. I TOTAL VALUATION RECAPITULATION S SODITINNAL BUILDINGS LOTS ACREAGE ST. IMPROVEMENTS .A_-hnd ..-.. L,nl .... L-1 LaN .„. Amir ._ Sldewoik _.. ,Rely —SNANFF _-Fab .1lW.kr Sever .._ W."Iff ..-Ele,l,le Light Cat TOTAL BUILDINGS S TOTAL LARD TOTAL LAND AND FLOOR. S EiP£ I NBISIIT I STO NBI0. fE !- x16 -7o /I)!H�. GOOD FAIN BAD Y.P. I TOTAL VALUATION RECAPITULATION S SODITINNAL BUILDINGS R#5983,1/17/77, Replacements, �9H5,CAeckeciT:7j/�7 61 C, E verb h -H; 7rEpTY,aYAdA:. T 1♦=,�-I�L�dr..�.Y..X.,Z,T.!2...... • 'I DISTRICT CITY OF DELRAY BEACH, FLORIDA "P' n..% "'o"`�m- Ij I ..�.�R-lA.A weDlnsloN eLocN Loi 3 $ W251 of' 32 Imxrand YaeaRt E..,t MISCELLANEOUS OWNER i(X`aAQ$EN�r•+�I?Wra�e(irEa>?y�Ypw� Lray Beach splanade Fiadv Deearated ADDPESS33.�#aam ffd :1lue.,m�ldanhl�rTwot�n� t�C DESCRIPTION: '"••�'� - 1108 N. Vista Del Mar Dr. W FIR. OWNER r n _ ADDRESS ... Flat OWNER n:aia:rii Tea eL ritirwAft I91 M@Mgil ADDRESS ....... Olrt ilea YEAR 1962 5763 1964 1963 1966 1967 T968 1969 1970 1971 1972 1973 LxfirineB PER# 4 0 0 8 Flnlrh Plaos —}:. PNe-1 HEATING HEATING Q, , x Fnat —llMill la4 m 1.0 -1 - —.11.1.1 LAND *79 ff �} ,y�J� _ Mill *'79* C - — xOn1 x Rv x SIy• SLOGS. 03S/ /4, V4r _.....5lov ozSS /0253- 12 rjg W/ 1. FAL1 p •__Ou Barn. _ r 'liltFACTORS TOTALS /5 o O / �'.yr /, 4 .+ V / Q"CiL% r I.! Q O/Q /�Q Q Q n CJI �j q '81V (/ __... GanW (PnL) �_. Gar Statfee _...., ... Brick 'Phr p�0 PER. PROP. Oa/ OO /600 /O8O 000 COQ .� I`•a's� .Srhaal ....... LYmher SM1edr •-�••- Slnl Frame —_. R:lat. Canrnb ._..XIII St.... ••-••-. S ._. Mtlal ..... BheY DESCRIPTION OF BUILDING / TYPE RLD4. BASEMENT ROOF Ixt. FtN)SX MISCELLANEOUS _..... Sin11a 0N1. ....NMI _. Gahlt-- Fiadv Deearated � 5Pf1FL (irce) —_.. Danhle 0.11, _., irrl .... NIP W FIR. .�.. FRe Ereaptr 0r11, -_._Fdl ... Flat --. Nardi .4 _._. FarX -• Aaarinrnt ....... Olrt ilea Mamyd "^'• 11. l hl. A TH. -___RaOlOen(vr -•__ Vat. C. Sy" trmrnt Fiaar PORCNEB Paatis Skylights j. —St.. 40111ae Flnlrh Plaos —}:. PNe-1 HEATING HEATING —51an A APL x Fnat —llMill la4 m 1.0 -1 - —.11.1.1 Of11et / Side _ Mill _. Bohr W. SYa. .51 - — xOn1 x Rv x SIy• All CM. 511,_Tbuta _.....5lov __ftelnf. TIL WALLS 1. FAL1 p •__Ou Barn. _ r 'liltFACTORS ��li. Wood SIJIDp ___M0. of Room, FLOORING CONSTRUCTION __... GanW (PnL) �_. Gar Statfee _...., ... Brick 'Phr _., AFillmnnEa Chereh "- f WeW Frame -- _.. Br{a, Cavo ^'f Nardraad _ poomr d Art. .Srhaal ....... LYmher SM1edr •-�••- Slnl Frame —_. R:lat. Canrnb ._..XIII St.... ••-••-. S ._. Mtlal ..... BheY ......... In. .^..... T—r. .... Tenvaa ._....Fin. Atile A. Ftn. Dare. R. e tmPl. %ROOfiNG ...,.BrfA Tlla Shnrit FLOODING -Dal —.Ag, t Pifh6 Grafi FOUNDATIONP 1:XT. TRIr^, N400 _. Remadeha _--Pion GIITING Stone Cantafe —... Gr —Lal .. Weatl Talhh -^� SathraeX: itetrla R _sial. _..nh—Fiat m .........Ill. ._. Sha .._._..T<+r. Lona ._. IRFley .—. a• Oal/t-to Pi- Mrlal Sh. ame! LAND APPRAISAL Frhdt Md DtOlh Uait D.1th I earner PFI a Fulor FarI,r Fra.1 1.1 YOI.t VOintlon T, 9 -T ,r ✓ AGBEACE 57. ILIPROVFXENTS x .... Lrnl .....E/Pan4 TO ... III Futar. ACRES @ DetfnXM1g Faafar ,u __ )l MY TOTAL LAND VALUATION _a�.. Lor ILDING PLAN � Sltfi N0. tGNt STOVES <� x LOTS AGBEACE 57. ILIPROVFXENTS ....... Lnal .... Lrnl .....E/Pan4 .. Nigh __ )l MY --- Dirt _a�.. Lor ._. Rods --Sidanit ._ Byhy ._. O+amoy ...: Cvh _._. S_" _._. FarX !,.- Waty __. Weedd SMa ..t Elaebh Light Gas � Sltfi N0. tGNt STOVES <� x ij/iy I/o le.7 x F SC FT. V. P. TOTAL EC..+ VALUATION RECAP)TU ATION GOOD FA IS SAD F SC FT. V. P. TOTAL EC..+ VALUATION RECAP)TU ATION IFS, F ---j-~- ADDITIONAL BUILDINGS OTA• 7Ui 'NC4 TOTAL LANDTOT p AND CLOGS. S WITH thr corning of 1Q,5 , 1onn W. `� Green ct Sons, Inc., hat hody n)anufac. Meet. of Danbury, Conn., ccicbratr the one hundredth aiiruversary of their entralrce into the hat indttatry. Today the htt,ine5s i, opct•ate(I with the exlx•rt and inherited kno icdge of the ,econd all,] third genrra- tion t,i dire.t de,ccrtdants of the founder,. During tht• Itfetnrlr of evcrvone living it, the trade t,Miay, -h1in NV. tirren & Sun,, It., , havc cl t:101vr a c ,n,;d: uou, )—i'iast anion; leading manufacturers of hat,. '111C bu,irit•sq ova. launched in Newark. N. I , , t r ,rf the LoKr" c rntcr of felt hal pf,-. tic i�u) at t::at tors'. )".; ;<r ,, , _ tt)v day, whrtt all men ogre ,ilk hat, to bu;i- ne-s, and the ,oft ,louch felt wa,, the hat vi Ow ma,>r,. A reit ty t c of dres,ier hat --the dcrhy — had just arri%ed fr,mm Eng- land, and master -hatter John W. Grren was o11c• r)f tho.r wlxr learned the art of rnakitlg than. Scn,,t;g the future -,f the grm%illg nati')n, he quit his nob tout .et up his own factory, primarily for the nlal:iut; of stiff hat, Ili: ft;rr.ight ova, pr:,vcti in t}tc •ub>c gnt•nt \rare, as the (k-rby iashion .wept the country. J,)hn Green continued t„ operate thr \c„ark facL:ry for 22 rear,, and in 187) he nu,ved the husinc.s to Danbury. where it has hecu 11,wate,l ever .,ince. 'A man of intrn,e Pride of craft. Green trained 771, sons to cal'rN- on his 'Ailf;C, in 1884 Hat Alaking for 100 Years W. l larry t erren, III, eldc�t .0111, hc.anlc• a.a,cialed with the Ilusinc.,. Six years later 111 iS(N) john W. (green, Jr., the -ec- ond cldc�t, jon:rd the rirm. 11: 141M; the cuttcern �6tli imct,rporated %tith John fit'. Green as presidl•nt and treasurer, W. Harry Green vice president and a>.i,tant trr;i•urer at:d i,rlrn 1\' tr;rrrn, Jr.,-ecretary. \, rete 4 Danbury's larl;c,t m)anufac- turl•r,, 1.lr 'V. Cirrr,l g-avr much thought and progrc�, of fila city. 111 -see(l f,,r a fir;t•clas; hovel to at-uiur:• LI it the growing cumber of vi, - W, '. !n)ycr, frim) all over the a:;i Dan_,ury', n.ro-famou, Ilatcl greet; sr.), hi, per�,-1*ai prnject. (nforl u)alet\, h, itv con)plrtiou. Consiruc- t:_1111 i.: 19111 and ort attc of hi: tour, of in,pcction fit the half-c,,lttpictcd builthng he contracted a (-,.III vdilel1 dc- yelopctl in141 t)neum„nia, rr,ultt:. �Z 1::; death The contitlllcd uladvr the dircC- ..on (if its ttto soles. in 11W, after coru- pletion of c,)llcge, a third „N). George F. Green, the present head u,' the concern. became actively ass))ctated, followed in 1910 by a fourth son of the founder, Edlrvio H. Grcrn, Sr., t, ho is t+_>,lay v Ice president. In 1918 W. Harr% Breen rctirt•d front the lmsine;,. john W. Greco, Jr. was elected 1)rrsident at that time and continued as head of thr busInw - urtll hi- ;lratl- it 1934 :rite: N%hlch Gcorec F. Grec-a became president and Ftl«in H. Green, Sr. became vice litr,ident. Arthur B. Leonard, a grand- son of the fuuntler, joined the bu>inrss in 1931 aril was elected .ecretary of the firm in 1942. Hr i, actively eiigakcd in pro- (luction and selling tht, firm', product. to 34:61tir, ani )-w finishers thr.rug..lout tate Unita) State,. Edwin H, (7rrcn, Jr., treas- urer, 114Vil-Me :+ssocisttetl with the business in 10.341 He :i,si_4t, hi• father a::d unc'.c in the :viniinl,trati(oL and suprt vision of the t•omplcte hack -,hop operation. In addition io fur felt hat bodies, John W. Crean & Sim!" Inc . tnanufacturr l -id .u)tl ..,it Gni.Ah.d hats which v ere ;old di,rrt to the retail trade, until 1942, whm this (,peration wa; discontitrucd. Singe then the tirnt h.0, concentrated ,olely ,;n the manu- facture of men's and latlie,' fur felt hat bi)dies. This article, from the Danbury News Times, provides some history about the home's first owners who were closely related and ran the family hat making business. First owner: George R Green, followed by Edwin H. Green and then Arthur B. Leonard. With the exception of a few months, the home remained in the family from 1940-1969 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Designation Request: "Waters -- Wellenbrink Residence" Property Address: 1108 Vista Del Mar Drive North HPB Meeting Date: September 5, 2012 File No: 2012-205 ITEM BEFORE THE BOARD The action requested of the Board is that of making a recommendation to the City Commission on a request for individual designation of "Waters — Wellenbrink Residence" located at 1108 Vista Del Mar Drive North, pursuant to Land Development Regulations (LDR) Section 4.5.1(C), Designation Procedures. BACKGROUND The subject property is located at 1108 Vista Dei Mar Drive North on the south side of the street, west of Andrews Avenue. The property contains a Cape -Cod Colonial Revival style single-family residence constructed in 1938, The building has been minimally altered which has allowed it to maintain its integrity. The designation report is attached which includes a newspaper article, photographs, original plans and a historic newspaper article. Subsequent to this Public Hearing before the HPB, the designation will move forward for review by the City Commission where Public Hearings will be held on both September 20 and October 2, 2012. The designation is now before the Board for consideration. ANALYSIS LDR Section 4.5.1(B), Criteria for Designation of Historic Sites or Districts: Pursuant to Section 4.5.1(6)(1), to qualify as a historic structure, individual properties, structures, sites, or buildings, must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below,. The subject structure meets the following criteria: (13)(2) Historical or cultural significance: (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; STAFF COMMENT: The residence at 1108 Vista Del Mar Drive North meets the above criteria in that it represents the lifestyle of its original and earliest residents who were "wealthy winter residents from the northeast seeking a comfortable and social location... considered less formal than Palm Beach." The selected designation name of "Water — Wellenbrink Residence" is derived from Willard Water and H,H. Wellenbrink, the original developers who created the Delray Beach Esplanade plat which emcompassed all properties located along Vista Del Mar Drive. "Waters _ Sivlelic:('abr r. k.. R `aidenco" 1- e s!gnatio'E; 2012-20 PB ;vl::el.ing Se,.-)Nzrn ber 5, ')012-2 Z'ir,. c 2 (13)(3) Architectural or aesthetic significance; (a) Portrays the environment in an era of history characterized by one or more distinctive architectural Styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. STAFF COMMENT: The architectural significance is exemplified by the Cape Cod/New England Cottage Revival style prevalent in coastal areas of South Florida throughout the 1930s and 1940s. The design, while thought "to have been built from a plan book" popular in the 1930s, provides distinctive features such as a stepped cedar shingle roof, dormers, and a central fireplace, among others. The original plans, therefore, do not indicate an architect. However, there may be a connection to Sam Ogren Sr., who is known as the "Father of Delray Architecture", based on a newspaper article from 1987. Comprehensive Plan Future Land Use Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Policy A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years. STAFF COMMENT: The proposed designation meets the intent of the applicable Objective and Policies noted above, as it will provide for the preservation of the subject structure, thereby ensuring the protection of an example of this type of style and building. Further, the comments above illustrate that the request meets the criteria set forth in LDR Section 4.5.1 which provides for the designation of "historically significant buildings." Therefore, the proposed designation is appropriate and a recommendation of approval should be forwarded to the City Commission. The Public Hearing dates for review of the subject designation by the City Commission have been tentatively scheduled for September 20 and October 2, 2012. COURTESY/ PUBLIC NOTICES Public Notice letters were mailed to the property owners within a 500' radius of 1108 Vista Del Mar Drive North. Courtesy Notices of the Public Hearing were sent to the Neighborhood Advisory Council, Delray Citizens Coalition, The Dorchester Condo Association, and the Beach Property Owners Association. Letters of support or objection, if any, will be presented at the HPB meeting. -%.Naters — VJ'elkenbrink ;= widen e" Desi na ion; 2012-2011-5 HP8 Meeting `grptembfar 5, 2012; Pane 3 of 3 ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission that "Waters - Wellenbrink Residence" be listed in the Local Register of Historic Places at 1108 Vista Del Mar Drive North, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission that "Waters -- Wellenbrink Residence" not be listed in the Local Register of Historic Places at 1108 Vista Del Mar Drive North, by finding that the request is inconsistent with the Comprehensive Plan, and Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations, RECOMMENDATION Move a recommendation of approval to the City Commission that "Waters - Wellenbrink Residence" be listed in the Local Register of Historic Places at 1108 Vista Del Mar Drive North, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and Sections 4,5.1(B) and 4.5.1(C) of the Land Development Regulations. Attachments: "Waters — Wellenbrink Residence" Designation Report, Location Maps Staff Report Prepared by: Amy Alvarez, Historic Preservation Planner MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 5, 2012 SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ORDINANCE NO. 33-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Chapter 37, "Delray Beach Code Enforcement", by amending Section 37.42, "Administrative Fines; Costs of Repair, Liens", to increase the fines for noise violations as defined in Section 99.03. BACKGROUND At the first reading on September 20, 2012, the Commission passed Ordinance No. 33-12. RECOMMENDATION Recommend approval of Ordinance No. 33-12 on second and final reading. ORDINANCE 33-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 37.42 "ADMINISTRATIVE FINES; COSTS OF REPAIR, LIENS" TO INCREASE THE FINES FOR NOISE VIOLATIONS AS DEFINED IN SECTION 99.03; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Florida Statute 162.09 provides for enhanced code enforcement fees; and, WHEREAS, Florida Statute 162.09(2)(d) allows a municipality having a population equal to or greater than 50,000 to adopt by a vote of at least a majority plus one of the entire governing body of the municipality, an ordinance that gives code enforcement boards or special masters authority to impose fines not to exceed one thousand dollars ($1,000.00) per day per violation for a first violation and five thousand dollars ($5000.00) per day per violation for a repeat violation, and not to exceed fifteen thousand dollars ($15,000.00) per violation if a Code Enforcement Board finds the violation to be irreparable or irreversible in nature; and, WHEREAS, the population of the City of Delray Beach ("City") is more than 50,000 residents; and, WHEREAS, excessive sound is a serious hazard to the public health and welfare, safety and the quality of life; and, WHEREAS, the people have a right to and should be ensured an environment free from unreasonably excessive sound as would jeopardize their health, welfare or safety or degrade the quality of life; and, WHEREAS, the City Commission of the City of Delray Beach desires to prevent such unreasonably excessive sound as would jeopardize the health, welfare or safety of its citizens or degrade the quality of life; and, WHEREAS, the City Commission wishes to authorize the enhanced fines for code enforcement violations in certain limited circumstances; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 37.42 "Administrative Fines; Costs of Repair; Liens" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 37.42. - ADMINISTRATIVE FINES; COSTS OF REPAIR; LIENS. (B) (1) A fine imposed pursuant to this Section shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation and, in addition, may include all costs of repairs pursuant to subsection (A). However, if a Code Enforcement Board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed five thousand dollars ($5,000.00) per violation. If the violation is a violation described in Section 99.03, the fine imposed shall not exceed one thousand dollars ($1000.00)12er day per violation for a first violation, shall not exceed five thousand dollars $5000.00) 12er day per violation for a repeat violation, and shall not exceed a maximum of fifteen thousand dollars ($15,000.00) per violation if a Code Enforcement Board finds the violation to be irreparable or irreversible in nature. (2) In determining the amount of the fine, if any, the enforcement board shall consider the following factors: (a) The gravity of the violation; (b) Any actions taken by the violator to correct the violation; and (c) Any previous violations committed by the violator. (3) An enforcement board may reduce a fine imposed pursuant to this Section. (4) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute alien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the Circuit Court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this State, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this Section, whichever occurs first. A lien arising from a fine imposed pursuant to this Section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this 2 ORD. NO. 33-12 Section. After three (3) months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body Attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under Section 4, Art. X of the State Constitution. The money judgment provisions of this Section shall not apply to real property or personal property which is covered under Section 4(a), Art. X of the State Constitution. Actions for money judgments under this Section may be pursued only on fines levied after October 1, 2000. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 32012. ATTEST: City Clerk First Reading Second Reading ORD. NO. 33-12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney DATE: September 14, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 20.2012 ORDINANCE NO. 33-12 ITEM BEFORE COMMISSION The attached Ordinance 33-12 is amending Section 37.42 "Administrative Fines; Costs of Repair; Liens". BACKGROUND This ordinance amendment is before Commission for approval to update Section 37.42 "Administrative Fines; Costs of Repair; Liens" to allow for enhanced fines to be imposed on code enforcement violations that are described in Section 99.03 "Loud And Unnecessary Noises Prohibited". RECOMMENDATION The City Attorney's Office recommends City Commission discretion. http://itwebapp/Agendalntranet/Bluesheet.aspx?ltemlD=6028&MeetingID=389 10/8/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 5, 2012 SUBJECT: AGENDA ITEM 11.D. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ORDINANCE NO. 34-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Chapter 99, "Noise Control", by amending Section 99.03, "Loud and Unnecessary Noises Prohibited", to clarify same, by amending Section 99.08, "Penalty", to increase the fines for noise violations. BACKGROUND At the first reading on September 20, 2012, the Commission passed Ordinance No. 34-12. RECOMMENDATION Recommend approval of Ordinance No. 34-12 on second and final reading. ORDINANCE 34-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 99.02 "DEFINITIONS" TO DEFINE "STRUCTURE"; BY AMENDING 99.03 "LOUD AND UNNECESSARY NOISES PROHIBITED" TO CLARIFY SAME; BY AMENDING SECTION 99.08 "PENALTY" TO INCREASE THE FINES FOR NOISE VIOLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the people have a right to and should be ensured an environment free from unreasonably excessive sound as would jeopardize their health or welfare or safety or degrade the quality of life; and, WHEREAS, the City Commission of the City of Delray Beach desires to prevent such unreasonably excessive sound as would jeopardize the health or welfare or safety of its citizens or degrade the quality of life; and, WHEREAS, Florida Statute 162.09 provides for enhanced code enforcement fees; and, WHEREAS, Florida Statute 162.09(2)(d) allows a municipality having a population equal to or greater than 50,000 to adopt by a vote of at least a majority plus one of the entire governing body of the municipality, an ordinance that gives code enforcement boards or special masters authority to impose fines not to exceed one thousand dollars ($1,000.00) per day per violation for a first violation and five thousand dollars ($5000.00) per day per violation for a repeat violation, and not to exceed fifteen thousand dollars ($15,000.00) per violation if a Code Enforcement Board finds the violation to be irreparable or irreversible in nature; and, WHEREAS, the population of the City of Delray Beach ("City") is more than 50,000 residents; and, WHEREAS, the City Commission wishes to authorize the enhanced fines for code enforcement violations in certain limited circumstances; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 99.02 "Definitions" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.02. - DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Amplification device. Any instrument, machine, or system, which by electronic means augments sound by increasing the sound level or volume. Amplified sound. Sound augmented by any electronic means that increases the sound level or volume. Commercial area. For purposes of this ordinance only, commercial area shall include all nonresidential and nonindustrial zoning districts: (1) Neighborhood Commercial (NC); (2) Planned Commercial (PC); (3) General Commercial (GC); (4) Automotive Commercial (AC); (5) Central Business District (CBD); (6) Central Business District—Rail Corridor (CBD -RC); (7) Residential Office (RO); (8) Old School Square Historic Acts District (OSSHAD); (9) Professional Office District (POD); (10) Planned Office Center (POC); (11) Special Activities District (SAD); and (12) Resort/Tourism (RT). (13) Mixed Residential, Office and Commercial District (MROC) Industrial area. All that area located in the following zoning districts: (1) Light Industrial (LI); (2) Mixed Industrial and Commercial (MIC); (3) Industrial (I); and (4) Planned Commerce Center (PCC). Offense. A notice of violation that has not been appealed timely or a finding of violation by a special master following the appeal of a violation. 2 ORD. NO. 34-12 One day. A 24-hour period from noon to noon. Premises. Any real property or parcel of land, including the buildings, structures or other improvements thereon. Residential area. For purposes of this chapter only, residential area shall include the following zoning districts: (1) R -1 -AAA; (2) R -1 -AAA -B; (3) R -1 -AA; (4) R -1 -AA -B; (5) R -1-A; (6) R -1 -A -B; (7) RM; (8) RR; (9) A; (10) PRD; (11) MH; (12) RL; (13) Community Facilities (CF); (14) Open Space (OS); (15) Open Space &amp; Recreation (OSR); and (16) Conservation District (CD). Structure. A building of ani, either temporary or permanent, which has a roof over it. Violator. A person or entity determined or cited by a code inspector as being in violation of the provisions of this article. Section 3. That Section 99.03 "Loud And Unnecessary Noises Prohibited" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED. It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, excessive, or unnecessary noise. (A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among 3 ORD. NO. 34-12 others, are declared to be unreasonably loud, excessive, or unnecessary noises and in violation of this Chapter: (1) Radios, televisions, musical instruments, loudspeakers etn- Using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, , loudspeaker, public address system, sound truck or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. (a) Violation will occur if the noise source is located within an automobile, in or upon a public street, highway, building, sidewalk, park, thoroughfare or other public area, or is located in or upon a public access area, such as a shopping mall, parking lot or the like, or on any private property, and the sound is plainly audible more than fifty (50) feet from its source or, if the noise source is in a building or other structure and the sound can be heard more than one hundred (100) feet away from the building or structure or the boundaries of the property surrounding such building or structure, whichever is greater (except for activities open to the public and for which a permit has been issued by the City according to the criteria set forth in Section 99.05). (b) Where the noise source is located in a building or other structure, the owner, occupant, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary. ... . - ..-------------- .. . {�42� Animals and Birds. Owning, possessing or harboring any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. This provision shall not apply to public zoos. 4 ORD. NO. 34-12 Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects in a manner as to cause an unreasonably loud or excessive sound. { }� Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work in such a manner as to create an unreasonably loud or excessive sound. (a) The provisions of subsection (A){} of this Section shall not prohibit construction, drilling or demolition work between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, nor prohibit the use of any temporary pumps or machinery which are required to be operated twenty-four (24) hours a day in conjunction with construction work. Subsection (A){} shall also not apply to emergency work for public utilities or where there is an exemption pursuant to Section 99.04 or where a temporary permit has been issued pursuant to Section 99.05. (b) The provisions of subsection (A){§ (4) shall not apply to the use of domestic power tools subject to subsection (A){4 }4U� of this Section. {f 45� Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in a manner as to cause an unreasonably loud or excessive sound. e4 Refuse Collection Vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of 7:00 p.m. and 6:00 a.m. {�kD Stationary Mechanical Noise Source. Operating or permitting the operation of stationary mechanical sources including but not limited to pumps (except for pumping done pursuant to division (A){§}4(a) of this Section), motors, fans, compressors, powered tools or similar devices, air conditioning or air -handling systems, and cooling towers in a manner as to exceed 60 decibels (dB[A]) when measured at any point on neighboring property line. {�4Vibration. Operating or permitting the operation of any device on a property so as to produce vibration noticeable by a person of reasonable sensitivity at the property line, including bass emanating from audio speakers. 5 ORD. NO. 34-12 404(9) Stationary Nonemergency Signaling Devices. Sound or permitting the sounding of any signal from any stationary bell, chime, siren, whistle or similar device intended primarily for nonemergency purposes, from any place, for more than ten (10) seconds in any hourly period. Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision. {} 10 Emergency Signaling Devices. (a) The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling devices, except for emergency purposes or for testing, as provided in subsection (A){t}410�(b) of this Section. (b)(1) Testing of a stationary emergency signaling device and/or emergency generator shall not occur before 7:00 a.m. or after 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall the test time exceed sixty (60) seconds for emergency signaling devices and five (5) minutes for emergency generators. (2) Testing of the complete emergency system, including the functioning of the emergency signaling device and the personnel response to the emergency signaling device shall not occur more than once in each calendar month. This testing shall not occur before 7:00 a.m. or after 7:00 p.m. The time limit for the test time specified in subsection (A),(I-�(110 (b)(1) shall not apply to the complete system testing. (c) The sounding or permitting the sounding of any exterior burglar or fire alarm shall comply with the provisions of Chapter 112. { } 11 Motor Vehicles Operating on a Public Rigbt-of-Way. Motor vehicles on a Public Right -of -Way are regulated as set forth in F.S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended. �12�Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, or similar device used in residential areas between the hours of 8 p.m and 7 a.m. �13�Schools, Courts, Hositals. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship 6 ORD. NO. 34-12 or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the working of such institutions, or which disturbs or unduly annoys the patients in the hospital, provided conspicuous signs are displayed in such streets indicating that it is a school, hospital or court street. {}414�Tampering. The removal or rendering inoperative by any person other than for purposes of maintenance, repair or replacement, of any noise control device or element of design of any product having those devices. Section 4. That Section 99.08 "Penalty" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.08. - PENALTY. (A) The following civil fines and penalties shall be imposed for violations of this article: (1) If the offense is the first offense, a maximum fine of $250.00 may be imposed. (2) If the offense is the second offense within the preceding 12 months, a maximum fine of X00 $1000.00 may be imposed. If the offense is the third offense within the preceding 12 months, a maximum fine of $3000.00 may be imposed. (4) If the offense is more than the third offense within the preceding 12 months, a maximum fine of $5000.00 may be imposed. (B) Each violation shall constitute a separate offense for which a separate fine may be imposed. A person may receive a separate notice of violation once every hour if a violation has occurred at any time within that period. An offense shall be deemed to have occurred on the date the violation occurred. An offense occurring 12 months after the last offense shall be treated as a first offense for purposes of incurring new fines and penalties. (C) This Chapter shall be enforced using procedures set forth in Section 37.45 or Section 99.09 of the City's Code of Ordinances, or by any other means available to the City. 7 ORD. NO. 34-12 Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 32012. ATTEST: City Clerk First Reading Second Reading MAYOR ORD. NO. 34-12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney DATE: September 14, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012 ORDINANCE NO. 34-12 ITEM BEFORE COMMISSION The attached Ordinance 34-12 is amending Section 99.02, "Definitions", amending Section 99.03, "Loud and Unnecessary Noises Prohibited", and amending Section 99.08, "Penalty" . BACKGROUND This ordinance amendment is before Commission for approval to Section 99.03, "Loud and Unnecessary Noises Prohibited", by removing Subsection (A)(2), "Loudspeakers and Public Address Systems", and adding the devices described in this section to the list of devices covered in Subsection (A)(1), "Radios, televisions, musical instruments, etc.". This change is intended to prevent inconsistent enforcement regarding the use of outdoor loudspeakers. Also, Commission approval is requested to amend Section 99.02, "Definitions", to add a definition for "structure" and to amend Section 99.08, "Penalty", to increase the fines for noise violations to the maximum fines allowed under Florida Statute 162.09(2)(d) . RECOMMENDATION The City Attorney's office recommends City Commission discretion. http://itwebapp/Agendalntranet/Bluesheet.aspx?ltemlD=6029&MeetingID=389 10/8/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 8, 2012 SUBJECT: AGENDA ITEM 11.E. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ORDINANCE NO. 35-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.04, "Assumption of Office; Organizational Meeting", Section 3.05, "Oath of Office", Section 3.08, "Vacancies; Filling of Vacancies", Subsection (B), "Vacancy in Office of Mayor", Section 4.02, "Appointment; Removal; Compensation", Subsection (C), "Replacement"; Section 4.05, "Budget Procedure", Subsection (D), "Public Hearing", Subsection (E), "Budget Adoption/Appropriations", Subsection I, "Audit", Section 5.04, "Elections Generally", Subsection (B), "Highest Number of Votes to Elect in First Nonpartisan Election", Subsection (D), "If No Person Qualifies"; Section 6.05, "Procedure for Filing", Subsection (A), "Certificate of City Clerk; Amendment"; to clarify, correct grammatical errors, and to enhance the Charter's readability; providing for a referendum election to be held on March 12, 2013. BACKGROUND At the first reading on October 2, 2012, the Commission passed Ordinance No. 35-12. RECOMMENDATION Recommend approval of Ordinance No. 35-12 on second and final reading. ORDINANCE NO. 35-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.04, "ASSUMPTION OF OFFICE; ORGANIZATIONAL MEETING"; SECTION 3.05, "OATH OF OFFICE"; SECTION 3.08, "VACANCIES; FILLING OF VACANCIES", SUBSECTION (B), "VACANCY IN OFFICE OF MAYOR"; SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION", SUBSECTION (C), "REPLACEMENT"; SECTION 4.05, "BUDGET PROCEDURE", SUBSECTION (D), "PUBLIC HEARING", SUBSECTION (E), "BUDGET ADOPTION/APPROPRIATIONS", SUBSECTION I, "AUDIT"; SECTION 5.04, "ELECTIONS GENERALLY", SUBSECTION (B), "HIGHEST NUMBER OF VOTES TO ELECT IN FIRST NONPARTISAN ELECTION", SUBSECTION (D), "IF NO PERSON QUALIFIES"; SECTION 6.05, "PROCEDURE FOR FILING", SUBSECTION (A), "CERTIFICATE OF CITY CLERK; AMENDMENT"; TO CLARIFY, CORRECT GRAMMATICAL ERRORS, AND TO ENHANCE THE CHARTER'S READABILITY; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission established a Charter Review Committee which sought input from the Community as to potential Charter revisions; and WHEREAS, the City Commission, after a review of the proposal, has decided to put the Question set forth in this Ordinance to a vote of the electorate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 3.04, "Assumption of Office; Organizational Meeting", of the Charter of the City of Delray Beach is hereby amended to read as follows: Section 3.04. - ASSUMPTION OF OFFICE; ORGANIZATIONAL MEETING. (A) Assumption of Office. The successful candidates for Mayor and Commissioners shall assume office on the last Thursday in March following their election. The Commission shall hold an organizational meeting ' each year on or after the last Thursday in March, and shall select from the Commissioners other than the Mayor, a Vice -Mayor and a Deputy Vice -Mayor. These two (2) officials shall serve in their respective capacities at the pleasure of the Commission until the organizational meeting of the following year. If the person elected fails to assume office, the procedures set forth in Section 3.08 shall apply to fill the vacancy. (B) Assumption of Office for Appointees and Those Elected at a Special Election. A person appointed to fill a vacancy in the office of Mayor or Commissioner, or by eleetin elected a Mayor or Commissioner at a special election shall assume office at the first regular meeting of the Commission after being so appointed or elected. If the person so appointed or elected does not assume office, the procedures set forth in Section 3.08 shall apply to fill the vacancy. Section 2. That Section 3.05, "Oath of Office", of the Charter of the City of Delray Beach is hereby amended to read as follows: Section 3.05. - OATH OF OFFICE. Before assuming their respective offices, the Mayor and Commissioners shall each take and subscribe to the following oath: "I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida and of the City of Delray Beach; that I am duly qualified to hold office under the laws of the State of Florida and the Charter and laws of the City of Delray Beach, and that I will well and faithfully perform the duties of {Mayor} {Commissioner} of the City, upon which I am about to enter. (So help me God.)" Section 3. That Section 3.08, "Vacancies; Filling of Vacancies", Subsection (B), "Vacancy in Office of Mayor", of the Charter of the City of Delray Beach is hereby amended to read as follows: Section 3.08. - VACANCIES; FILLING OF VACANCIES. (B) Vacancy in Office of Mayor. (1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days preceding the date of the next regular City election, there will be an election to fill the Mayor's seat which will be held at the time of the next regular City election. If a vacancy occurs in the office of Mayor less than sixty (60) calendar days preceding the date of the regular City election, the Mayor shall be elected at a special election to be held on the second Tuesday in May. If a special election is held to fill the office of Mayor, those persons who previously qualified to run for the Mayor's seat and other candidates who qualify pursuant to this Charter and Chapter 34 of the Code of 2 ORD NO. 35-12 Ordinances may run for the Mayor's seat to be filled at the special election. Notwithstanding anything to the contrary, the Mayor elected at the special election shall assume office aft-ef at the first regular meeting after being elected. (2) When a vacancy occurs in the office of Mayor, the Vice -Mayor shall automatically succeed to the office of Mayor and shall serve until the last Thursday in March following the next regular City election. Thereafter, the Vice -Mayor shall return to his or her former seat and complete the remainder of his or her Commission term if any part thereof remains unexpired. If a special election is called to fill a vacancy in the office of Mayor, the Vice -Mayor selected at the organizational meeting shall serve until a new Mayor is seated and shall thereafter return to his or her seat. (3) The succession of the office of Mayor by the Vice -Mayor shall create a vacancy in the Commission. The vacancy on the Commission shall be filled in the manner set forth in this Charter except the Commissioner appointed to fill the vacancy created on the Commission as a result of a vacancy in the office of Mayor that occurs sixty (60) days or more before the next election shall serve only until the last Thursday in March following the next regular City election. If a vacancy occurs on the Commission as a result of a vacancy in the office of Mayor less than sixty (60) days before the next election, the Commission seat shall remain vacant, notwithstanding anything to the contrary within this Charter until after the assumption of office of the Mayor after the special election. (4) If the Vice -Mayor is unable or unwilling to succeed to the office of Mayor, then the Deputy Vice -Mayor shall succeed to the office of Mayor. If the Deputy Vice -Mayor is unable or unwilling to succeed to the office of Mayor, the Commission shall then select a Mayor from the remaining Commissioners. If the Commission is unable to select a Mayor by the end of the second regular meeting after the vacancy then a special election shall be held for the election of the Mayor. (5) If a vacancy occurs in the office of Vice -Mayor, the Deputy Vice -Mayor shall automatically become Vice -Mayor and a new Deputy Vice -Mayor shall be selected by the Commission. If a vacancy occurs in the office of Deputy Vice -Mayor, the Commission shall then select a new Deputy Vice -Mayor. Section 4. That Section 4.02, "Appointment; Removal; Compensation", Subsection (C), "Replacement", of the Charter of the City of Delray Beach is hereby amended to read as follows: Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION. 3 ORD NO. 35-12 (C) Replacement. Upon the death, resignation, incapacity, or termination of the City Manager, the Commission shall appoint an Acting City Manager and thereafter, within a reasonable time, appoint a regular City Manager. Section 5. That Section 4.05, "Budget Procedure", Subsection (D), "Public Hearing", Subsection (E), "Budget Adoption/Appropriations", Subsection I, "Audit", of the Charter of the City of Delray Beach is hereby amended to read as follows: Section 4.05. - BUDGET PROCEDURE. (D) Public Hearing. A public hearing on the budget shall be held in accordance with State law hear-ing shall be ptiblished a4 least ene week in a&anee by the City Cle . A condensed copy of the proposed budget shall be piklishe available to the public prior to the public hearing. (E) Budget Adoption/Appropriations. At the second regular Commission meeting in the month of September of each year, the Commission shall, by resolution, adopt the budget for the next fiscal year, and shall, in such resolution, make an appropriation for the money needed for municipal purposes during the ensuing fiscal year of the City,_ The resolution shall also and provide for a levy of the amount necessary to be raised by taxes upon real and personal property for municipal purposes, which levy shall not, for the general operating expenses of the City, in any event exceed the milleage limitation as provided by State law on the assessed valuation of all real and personal property subject to taxation in the City. Should the Commission take no final action during said meeting, the budget as submitted, shall be deemed to have been finally adopted by the Commission. (I) Audit. An independent audit shall be made of all accounts of the City government at least annually, and more frequently if deemed necessary by the Commission. Such audit shall be made by certified public accountants experienced in municipal accounting, and who shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or of any of its officers. The condensed audit shall be piklishe available to the public within thirty (30) days after receipt of the same. An annual report of the City business shall be made available to the public by the City Manager in such form as will disclose pertinent facts concerning the activities and finances of the City government. 4 ORD NO. 35-12 Section 6. That Section 5.04, "Elections Generally", Subsection (B), "Highest Number of Votes to Elect In First Nonpartisan Election", Subsection (D), "If No Person Qualifies", of the Charter of the City of Delray Beach is hereby amended to read as follows: Section 5.04. - ELECTIONS GENERALLY. (B) Highest Number of Votes to Elect in First Nonpartisan Election. In a nonpartisan election, a candidate for each of the seats on the ballot for the office's of Commissioners or for the office of Mayor who receives the highest number of votes even if it is not a majority of the votes cast by all electors casting ballots for that office shall be declared to be elected; provided, however, notwithstanding the foregoing provision, should two (2) or more candidates tie for the highest number of votes from all electors casting ballots for that seat for Commissioner or for the office of Mayor, then the candidates receiving the highest number of votes shall be declared candidates for the second nonpartisan election. (D) If No Person Qualifies or Assumes Office. If no person qualifies as a candidate for any particular seat for the office of Commissioner or for the office of Mayor or assumes office, then those seat(s) shall be declared vacant and it shall be the duty of the members of the Commission who are seated following the organizational meeting provided for in Section 3.04 of this Charter, by majority vote to appoint a qualified person to fill the vacancy. The member(s) appointed to fill a vacancy in the office of Commissioner or the office of Mayor shall serve as provided by Section 3.08 of this Charter. Section 7. That Section 6.05, "Procedures for Filing", subsection (A), "Certificate of City Clerk; Amendment", of the Charter of the City of Delray Beach is hereby amended to read as follows: Section 6.05. - PROCEDURE FOR FILING. (A) Certificate of City Clerk; Amendment. Within twenty (20) days after the initiative petition is filed and five (5) days after a referendum petition is filed, the City Clerk shall complete a certificate as to its sufficiency. The certificate shall specify the aM deficiencies and defects and the City Clerk shall promptly send a copy of the certificate to the petitioners' Committee by Regied Certified mail. Grounds for insufficiency are only those specified in Section 6.04. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' Committee files a notice of intention to amend it with the City Clerk within two (2) days after receiving the copy of his or her certificate and files a supplementary petition within ten (10) days after receiving the copy of such certificate. Additional signatures may be gathered in this ten (10) day period in order to meet the 5 ORD NO. 35-12 minimum required number of electors. Such supplementary petition shall comply with the requirements of subsections (B) and (C) of Section 6.04. Within five (5) days after it is filed the City Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' Committee by Rimed Certified mail as in the case of an original petition. Section 8. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. CHARTER AMENDMENT - CLARIFYING AND ENHANCING THE "READABILITY" OF THE CHARTER. AN AMENDMENT REVISING THE CITY OF DELRAY BEACH CHARTER BY CORRECTING GRAMMATICAL ERRORS, CLARIFYING CERTAIN PROVISIONS, AND MAKING THE CHARTER EASIER TO READ, AS PROVIDED IN ORDINANCE NO. -12. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (for approval) NO (against approval) Section 9. That upon approval of this ordinance by the majority of electors voting at the election, all ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this ordinance. Section 10. That if any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 11. That this ordinance shall become effective upon passage on second and final reading and in accordance with Section 8. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2012. ATTEST: 6 ORD NO. 35-12 City Clerk First Reading Second Reading ILTJ rmof ORD NO. 35-12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 25, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF OCTOBER 2 2012 ORDINANCE NO. 35-12 ITEM BEFORE COMMISSION Adoption of Ordinance 35-12 regarding a proposed change to clarify and enhance the Charter's readability. BACKGROUND This proposed Ordinance corrects some grammatical errors, clarifies language and makes the Charter easier to read. This charter amendment would be placed on the ballot for the March 2013 election and would be effective upon passage at referendum. RECOMMENDATION Commission discretion. http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=6039&MeetingID=390 10/8/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 8, 2012 SUBJECT: AGENDA ITEM 11.F. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ORDINANCE NO. 36-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second readingto consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.02, "City Commission: Composition, Eligibility, Election, and Terms", amending Section 5.02, "Types of Elections", to provide for a change in the length of a term from a two-year term to a three-year term, but not keeping the maximum number of consecutive years a Commissioner or Mayor is allowed to serve at six years; providing for a referendum on March 12, 2013. BACKGROUND At the first reading on October 2, 2012, the Commission passed Ordinance No. 36-12. RECOMMENDATION Recommend Commission discretion. ORDINANCE NO. 36-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.02, "CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS"; AMENDING SECTION 5.02, "TYPES OF ELECTIONS"; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM, BUT NOT EXTENDING THE MAXIMUM NUMBER OF CONSECUTIVE YEARS A COMMISSIONER OR MAYOR IS ALLOWED TO SERVE; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission established a Charter Review Committee which sought input from the Community as to potential Charter revisions; and WHEREAS, the City Commission, after a review of the proposal, has decided to put the Question set forth in this Ordinance to a vote of the electorate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 3.02, "City Commission: Composition, Eligibility, Election, and Terms", of the City Charter of the City of Delray Beach is hereby amended to read as follows: Section 3.02. - CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS. (A) Composition and Term. The City Commission shall be composed of five (5) Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at large for a term of twe-(2) three 3 years in the manner provided in this Charter. (B) Staggered Terms. , even or- odd numbered year-. Two (2) Commission seats with terms expiring in 2014 shall be filled by election in 2014 and every three vears thereafter. Two (2) Commission seats with terms expiring in 2015 shall be filled by election in 2015 and every three years thereafter. The Mayor's term commencing in 2015 shall be filled by election in 2015 and ever,, three years thereafter. (C) Length of Mayor's Term. If a special or regular election is held to fill a vacancy in the office of Mayor, the duration of the Mayor's term of office will be for en the last Thufsday in Mafeh prior- to the speeial eleefien the remainder of the unexpired term. (D) Terms as a Result of a Vacancy. In the event of vacancies, successors shall be appointed or elected in the manner provided in this Charter. Section 2. That Section 5.02, "Types of Elections", of the City Charter of the City of Delray Beach is hereby amended to read as follows: Section 5.02. - TYPES OF ELECTIONS. Elections to be held in the City shall all be conducted on a nonpartisan basis without regard for or designation of political party affiliation. (A) Date of Municipal Nonpartisan Election. Municipal nNonpartisan elections shall be held on the second Tuesday in March of each year in which a term of the Mayor or Commissioner expires. (B) Ties. In case of a tie in the municipal nonpartisan election, a second nonpartisan election shall be held. (C) Special Election. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special elections. Section 3. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. CHARTER AMENDMENT — COMMISSIONER/MAYOR TERM LENGTH CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MAYOR) SERVE TWO-YEAR TERMS AND ARE LIMITED FROM HOLDING OFFICE FOR MORE THAN SIX CONSECUTIVE YEARS. THE CHARTER AMENDMENT PROPOSES THE TERM LENGTHS BE CHANGED FROM TWO YEARS TO THREE YEARS BUT STILL PROVIDE THAT THE COMMISSION MEMBERS (INCLUDING THE MAYOR) ARE LIMITED FROM HOLDING OFFICE FOR MORE THAN SIX CONSECUTIVE YEARS. 2 ORD NO. 36-12 SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) NO (AGAINST APPROVAL) Section 4. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this ordinance. Section 5. That if any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 6. That this ordinance shall become effective upon passage on second and final reading and in accordance with Section 3 herein. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2012. ATTEST: City Clerk First Reading Second Reading MAYOR ORD NO. 36-12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 25, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF OCTOBER 2.2012 ORDINANCE NO. 36-12 ITEM BEFORE COMMISSION Adoption of Ordinance No. 36-12 regarding a proposed change to the Charter to change the length of term for a commissioner or mayor from two years to three years. BACKGROUND This proposed Ordinance would change the current term length for a Commissioner or Mayor from two years to three years, but would not increase the number of consecutive years a Commissioner or Mayor may serve, which is six. The Ordinance also provides that an election shall be held on the second Tuesday in March of each year when the term of a Mayor or Commissioner expires, and not each year. This charter amendment would be placed on the ballot for the March 2013 election and would be effective upon passage at referendum. RECOMMENDATION Commission discretion. http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=6040&MeetingID=390 10/8/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 8, 2012 SUBJECT: AGENDA ITEM 11.G. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ORDINANCE NO. 37-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 4.02, "Appointment; Removal; Compensation", by amending Subsection (B), "Removal"; to provide that the removal of the City Manager shall only require a simple majority vote; providing for a referendum on March 12, 2013. BACKGROUND At the first reading on October 2, 2012, the Commission passed Ordinance No. 37-12. RECOMMENDATION Recommend Commission discretion. ORDINANCE NO. 37-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION", BY AMENDING SUBSECTION (B), "REMOVAL"; TO PROVIDE THAT THE REMOVAL OF THE CITY MANAGER SHALL ONLY REQUIRE A MAJORITY VOTE; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission established a Charter Review Committee which sought input from the Community as to potential Charter revisions; and WHEREAS, the City Commission, after a review of the proposal, has decided to put the Question set forth in this Ordinance to a vote of the electorate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 4.02, "Appointment; Removal; Compensation", by amending Subsection (B), "Removal". Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION. (B) Removal. The City Manager shall only be terminated by the City Commission upon the a majority in favor of such termination. Said vote shall not take place except at a public hearing which has been duly noticed seventy-two (72) hours in advance of the meeting at which the vote takes place. Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. CHARTER AMENDMENT- CITY MANAGER REMOVAL CURRENTLY THE CHARTER PROVIDES THAT THE CITY MANAGER MAY ONLY BE REMOVED UPON THE AFFIRMATIVE VOTE OF FOUR COMMISSIONERS. THE CHARTER AMENDMENT PROPOSES TO CHANGE THE REQUIREMENT FROM FOUR VOTES REQUIRED FOR REMOVAL TO A MAJORITY OF THE COMMISSION (THREE VOTES) REQUIRED FOR REMOVAL. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) NO (AGAINST APPROVAL) Section 3. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 5. That this ordinance shall become effective upon its passage on second and final reading and in accordance with Section 2 above. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2012. ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD NO. Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 25, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 12.D. - REGULAR COMMISSION MEETING OF OCTOBER 2.2012 ORDINANCE NO. 37-12 ITEM BEFORE COMMISSION Adoption of Ordinance 37-12 regarding a proposed change to the Charter to change the number of votes needed to remove the City Manager from 4 votes to 3 votes. BACKGROUND This proposed Ordinance would change the number of votes required to remove the City Manager from four votes to just a majority vote, which is three. This charter amendment would be placed on the ballot for the March 2013 election and would be effective upon passage at referendum. RECOMMENDATION Commission discretion. http://itwebapp/Agendalntranet/Bluesheet.aspx?ltemlD=6041 &MeetingID=390 10/8/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 8, 2012 SUBJECT: AGENDA ITEM 11.H. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ORDINANCE NO. 38-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading toconsider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.09, "Term Limits", Subsection (A), "Term Limit"; to provide that the maximum time period allowed to hold office, six (6) years, shall not apply in the case of a Commissioner who assumes the office of Mayor, in which case the time spent holding office as a Commissioner shall not count toward the six (6) year maximum time limit in the office of Mayor; providing for a referendum on March 12, 2013. BACKGROUND At the first reading on October 2, 2012, the Commission passed Ordinance No. 38-12. RECOMMENDATION Recommend Commission discretion. ORDINANCE NO. 38-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.09, "TERM LIMITS", SUBSECTION (A), "TERM LIMIT"; TO PROVIDE THAT THE MAXIMUM TIME PERIOD ALLOWED TO HOLD OFFICE, SIX YEARS, SHALL NOT APPLY IN THE CASE OF A COMMISSIONER WHO ASSUMES THE OFFICE OF MAYOR, IN THAT CASE THE TIME SPENT HOLDING OFFICE AS A COMMISSIONER SHALL NOT COUNT TOWARD THE SIX YEAR MAXIMUM TIME LIMIT; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission established a Charter Review Committee which sought input from the Community as to potential Charter revisions; and WHEREAS, the City Commission, after a review of the proposal, has decided to put the Question set forth in this Ordinance to a vote of the electorate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 3.09, "Term Limits", Subsection (A), "Term Limit", of the City Charter of the City of Delray Beach is hereby amended to read as follows: Section 3.09. - TERM LIMITS. (A) Term Limit. Individual Commissioners, including the Mayor, shall be prohibited from holding office for more than six (6) consecutive years. However, in the event a Commissioner assumes the office of Mayor, the time that the Commissioner held office as a Commissioner shall not count toward the maximum time allowed to hold the office of Mayor. The person assuming the office of Mayor will be allowed to hold office for a maximum of six consecutive years. This shall apply to any Commissioner who has assumed the office of Mayor on or after the March 2013 municipal election. This extension of term limits does not apply in the case of the Mayor assuming the office of a Commissioner. The term "holding office" shall be defined as serving as Commissioner or Mayor. The term "consecutive years" shall not include any years served as a result of an appointment. Effective for those elected in March of the year 2003 and thereafter, a Commissioner or Mayor may complete the entire term to which they were elected, if a term limit is reached during an elected term. Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. CHARTER AMENDMENT — EXTENSION OF TERM LIMITS FOR A COMMISSIONER WHO IS ELECTED MAYOR CURRENTLY, THE COMMISSIONERS AND MAYOR CAN ONLY HOLD OFFICE FOR A MAXIMUM CONTINUOUS PERIOD OF SIX YEARS. THE CHARTER AMENDMENT PROPOSES THAT IF A COMMISSIONER IS ELECTED MAYOR, THEN THE TIME SPENT AS A COMMISSIONER SHALL NOT COUNT TOWARD THE MAXIMUM TIME LIMIT AND THE PERSON COULD SERVE AS MAYOR FOR A MAXIMUM PERIOD OF SIX YEARS. THIS EXTENSION WOULD NOT APPLY IF THE MAYOR IS ELECTED OR APPOINTED TO THE OFFICE OF COMMISSIONER. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) NO (AGAINST APPROVAL) Section 3. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this ordinance. Section 4. That if any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 5. That this ordinance shall become effective upon passage on second and final reading and in accordance with Section 2 herein. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2012. ATTEST: City Clerk MAYOR 2 ORD NO. 38-12 First Reading Second Reading ORD NO. 38-12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 25, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 12.E. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012 ORDINANCE NO. 38-12 ITEM BEFORE COMMISSION Adoption of Ordinance 38-12 regarding a proposed change to the Charter to provide that in the event of a Commissioner assuming the office of Mayor, the time spent as a Commissioner shall not count toward the six year maximum time limit as Mayor. BACKGROUND Under the current wording of the Charter if a Commissioner assumes the office of Mayor, the time spent as a Commissioner shall count toward the six year maximum limit for time in office. The proposed Ordinance provides that if a Commissioner assumes the office of Mayor the time spent as a Commissioner would not count toward the six year maximum time limit and the person would be allowed to hold the office of Mayor for six years. This Ordinance does not allow the Mayor to assume the office of Commissioner and have the time spent as Mayor not count toward the six year maximum time limit. This charter amendment would be placed on the ballot for the March 2013 election and would be effective upon passage at referendum. RECOMMENDATION Commission discretion. http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=6043&MeetingID=390 10/8/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 8, 2012 SUBJECT: AGENDA ITEM 11.I. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ORDINANCE NO. 39-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 4.02, "Appointment; Removal; Compensation", by amending Subsection (D), "Compensation"; to provide for the removal of the Charter prohibition on reducing the City Manager's Salary; providing for a referendum on March 12, 2013. BACKGROUND At the first reading on October 2, 2012, the Commission passed Ordinance No. 39-12. RECOMMENDATION Recommend Commission discretion. ORDINANCE NO. 39-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION", BY AMENDING SUBSECTION (D), "COMPENSATION"; TO PROVIDE FOR THE REMOVAL OF THE CHARTER PROHIBITION ON REDUCING THE CITY MANAGER'S SALARY; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission established a Charter Review Committee which sought input from the Community as to potential Charter revisions; and WHEREAS, the City Commission, after a review of the proposal, has decided to put the Question set forth in this Ordinance to a vote of the electorate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 4.02, "Appointment; Removal; Compensation", by amending Subsection (D), "Compensation". Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION. (D) Compensation. The compensation of the Manager shall be fixed by the Commission a d Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. CHARTER AMENDMENT- CITY MANAGER COMPENSATION CURRENTLY THE CHARTER PROVIDES THAT THE CITY MANAGER'S SALARY MAY NOT BE REDUCED. THE CHARTER AMENDMENT PROPOSES TO REMOVE THE LANGUAGE FROM THE CHARTER THAT THE CITY MANAGER'S SALARY MAY NOT BE REDUCED. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) NO (AGAINST APPROVAL) Section 3. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 5. That this ordinance shall become effective upon its passage on second and final reading and in accordance with Section 2 above. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2012. ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD NO. 39-12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 25, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 12.F. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012 ORDINANCE NO. 39-12 ITEM BEFORE COMMISSION Adoption of Ordinance 39-12 regarding a proposed change to the Charter to remove the language from the Charter that prevents the City Manager's salary from being reduced. BACKGROUND Currently the Charter provides that the City Manager's salary may not be reduced employment. This proposed Ordinance would remove that prohibition from the Charter amendment would be placed on the ballot for the March 2013 election and would be passage at referendum. RECOMMENDATION Commission discretion. during his/her This Charter effective upon http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=6044&MeetingID=390 10/8/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, HIPC, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: October 9, 2012 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 FINAL SUBDIVISION PLAT APPROVAL/10TH AND 10TH CENTER ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat for a new neighborhood commercial development being platted as 10th and 10th Center. The subject property is located at the southeast corner of SW 10th Street and SW 10th Avenue. BACKGROUND The 1.49 acre subject property is a replat of Lots 9, 10, 11 and a portion of Lots 12 and 13, Esquire Subdivision, as recorded in Plat Book 23, Page 43 of the public records of Palm Beach County, Florida, recorded on February 27, 1950. The property was annexed into the City on June 28, 1988, via the Enclave Act (Enclave #31A) and is currently undeveloped after two (2) residential structures were demolished. On April 3, 2012, the City Commission approved a small-scale Comprehensive Plan amendment including an amendment to the Future Land Use Map from CMR (Commerce) to TRN (Transitional) and an associated text amendment, and Rezoning from LI (Light Industrial) to NC (Neighborhood Commercial). The City Commission also approved a text amendment to the "Wallace Drive Redevelopment Plan" to allow neighborhood commercial retail and service uses as a principal use for the subject property. On August 22, 2012, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations to construct a new 9,142 sq. ft. Dollar General Store and a future 3,330 sq. ft. retail building in two (2) phases on the subject property. The replat will subdivide the subject property into (4) parcels. Parcels "A" and "B", the development parcels, will contain all the buildings and parking lots for the new project. Parcel "RW" is a dedication of 10 feet of additional right-of-way for SW 10th Avenue and Parcel "RW1" is a dedication of 5 feet of additional right-of-way for SW 9th Avenue. Both of these rights-of-way are being dedicated by this plat. The plat includes a non -vehicular access line along the entire frontage on SW 10th Street and on SW 10th Avenue, with the exception of one 45.02' access opening at the southern end of the property. A 24 foot access easement through the site provides both development parcels with access to SW 9th Avenue and SW 10th Avenue. A 12 foot drainage easement also extends through both parcels. A General Utility Easement is provided along SW 9th Avenue, along a portion of the south property line of Parcel "A", and along a portion of the north property line of Parcel "B". Plat Anal City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of September 24, 2012, and recommended approval by a vote of 7 to 0. Courtesy Notices: Courtesy notices were provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Woods of Southridge • Delray Beach Heights • Groves of Delray • Southridge Village To date, no letters of objection or support to the Plat have been received. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION Move approval for the 10th and 10th Center Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations. SW 10TH AVENUE EX "I"' T .�... `•.—^�._:�..,._'•�.; .'C: ...—..,AWA-�.���•_. PAVEME}1T �, �F1L�7. P4 "'*-- PROPOSED LIGHT —• "a —,a _ •s g� ^ P011 (SEE ECEC:_._.._...__,..,,....._.---..--.—.,__...,,.,,,,...,....�..,_._.._....,..- �...,,... «.c�a- m -- DWGS. - TYPICAL "`^-".,-..----•--•. FOR2) ,,._,...,,...,..,...w......_-�.,.�......_.,.. _,�.....,..._..,.,.,.,;, PI ° � � a —_ fX CON[. SUEWAIK— —_Y•"� �'—`_'--- NO.3 13'E;'' .... _ 21.98' \ > n N00623'12°E `74.00' II -euuix—c 6EIB LME (ITP CAL) —PROPOSED ADA— RAMP W/ DETECTABLE ( I PROP. CONC. DUMPSTER •�` WARNING (TYPICAL) 'I� ANO LOADING PAO " — ' • — • • — PROPOSED 6' CONC. HEADER CURB (TYPICAL) PROJECT DATA (NEIGHBORHOOD COMMERCIAL) LOT SIZE: MIN. REQUIRED - 0 SF (0.0000 AC) PROPOSED 6' WOOD SCREEN I I PARCEL 'A' = 43,734 SF (1.004 AC) FENCE WITH (2) 6' SWING GATES 409 NO. 12108 PARCEL '8' = 19,337 SF (0.444 AC) 500'57'49"W� 91.17' TOTAL PROPERTY = 63,071 SF (1.448 AC) LOT WIDTH: MIN. REQUIRED = 0' PARCEL 'A' = 219' 4 LIGHT-DUTY ASPHALT PARCEL 'B' 187' LOT DEPTH: MIN. REQUIRED = 0' PAVEMENT STRIPE PARCEL 'A' = 179' Z PARCEL 'B' = 210' LOT FRONTAGE: MIN- REQUIRED = 0' ' PARCEL 'A' = 219' PARCEL '8' - 210' LOT COVERAGE: MAX. PERMITTED = 50% PARCEL 'A' = 21% PARCEL 'B' - 17% TOTAL PROPERTY = 20% OPEN SPACE: MIN. REQUIRED = 25% PARCEL 'A' = 29% (12,809 SF) PARCEL 'B' = 36% (7,041 SF) TOTAL PROPERTY = 31% (19,850 SF) FLOOR AREA: MIN. REQUIRED = N/A PARCEL 'A' = 9,142 SF PARCEL 'B' = 3,330 SF TOTAL PROPERTY = 12,472 SF FRONT SETBACK: MIN. REQUIRED = 25' PARCEL 'A' = 80' (SW 10TH SL) PARCEL '8' = 62' SIDE STREET SETBACK: MIN. REQUIRED = 25' PARCEL 'A' = 79' (SW 10TH AVE.) PARCEL 'A' = 52' (SW STH AVE.) SIDE INTERIOR SETBACK: MIN. REQUIRED = 10' PARCEL IS. = 13' (SOUTH) PARCEL 'B' = 11' (NORTH) REAR SETBACK: MIN. REQUIRED = 1U' PARCEL 'A' = 10' _- PARCEL 'B' = 11' -'-^--------- BUILDING HEIGHT: MAX. PERMITTED = 48' PARCEL 'A' = 17' PARCEL 18' = 18' FLOOR AREA RATIO: MAX. PERMITTED = 0.25 PARCEL 'A' = 0.21 PARCEL 'B' = 0.17 TOTAL PROPERTY - 0.20 SITE AREA: MAX. PERMITTED = 2.00 AC _ -- TOTAL PROPERTY - 1.45 AC FRONT LANDSCAPE BUFFER: MIN. REQUIRED = 10' TOTAL PROPERTY = 10' PROP. PARKING/PAVED AREA: PARCEL 'A' = 21,783 SF (50% OF PARCEL 'A') PARCEL 'B' = 8,966 SF (46% OF PARCEL 'B') TOTAL PROPERTY = 30,749 SF (49% OF TOTAL PROPERTY) PARKING SPACES REQUIRED PURSUANT TO LDR SECTION 4.6.9: PHASE it RETAIL - USE: RETAIL: CALCULATED AT 4.5 SPACES PER 1,000 GSF = 15 PARKING SPACES PROVIDED: DOLLAR GENERAL - REGULAR = 14 COMPACT = 0 HANDICAPPED = 1 TOTAL = 15 ` PROP. CONC ` BOLLARD AT 5' O.G (TP-) PHASE II RETAIL BLDG. .FIN. FLR. EL. = 17.85 PROPOSED PARCEL 'B' M FENCE i( (TYPICAL) in 4 N N �I 1 PROPOSED LOT UNE (SEE PUT) SW 9TH AVENUE -- (50' RIGHT—OF—WAY) __ ............. ........ .17 \` ��� aw.,"'� .':�' .i [r •mob 8 - -� el I tt CI I� J az1 C� Al " Yy I J — iI .;2Vk �=. 0 J w 1 w�,( m 1 Y1 cn I s Q a a I I w a I V Q,w 11 ^__I L -�� II N = o> N4z o a j ❑ I ..� I!I I I'CE L iI I i t I 'z III I I� 1 PHASE 11 SITE I I II GEOMETRY ❑ I i �I I I PLAN ----------- -- — ---- ---------— — — — -- -� _ N'^ GENERAL NOTES: II I I I I I I 1 11 409 NO. 12108 1. PARKING LAYOUT AND STRIPING SHALL FOLLOW CITY OF DELRAY BEACH CURRENT STANDARDS. 500'57'49"W� 91.17' _ • r x � PROPOSED RAISED o CONC. SIDEWALK (TYP.) PROPOSED w 4 LIGHT-DUTY ASPHALT q, 1 PAVEMENT (TYPICAL) WATER, SEWER, OR DRAINAGE EASEMENTS, UNLESS APPROVED BY THE CITY OF DELRAY BEACH CITY ENGINEER. PROP. 4• WHITE 4. PAVEMENT STRIPE SCALE 1' = 20' l I (TYPICAL U.O.N.) s Z I I REMOVE 10' PALM TREE (TYP. FOR 3) ` PROP. CONC ` BOLLARD AT 5' O.G (TP-) PHASE II RETAIL BLDG. .FIN. FLR. EL. = 17.85 PROPOSED PARCEL 'B' M FENCE i( (TYPICAL) in 4 N N �I 1 PROPOSED LOT UNE (SEE PUT) SW 9TH AVENUE -- (50' RIGHT—OF—WAY) __ ............. ........ .17 \` ��� aw.,"'� .':�' .i [r •mob 8 - -� el I tt CI I� J az1 C� Al " Yy I J — iI .;2Vk �=. 0 J w 1 w�,( m 1 Y1 cn I s Q a a I I w a I V Q,w 11 ^__I L -�� II N = o> N4z o a j ❑ I ..� I!I I I'CE L iI I i t I 'z III I I� 1 PHASE 11 SITE I I II GEOMETRY ❑ I i �I I I PLAN ----------- -- — ---- ---------— — — — -- -� _ N'^ GENERAL NOTES: II I I I I I I 1 11 409 NO. 12108 1. PARKING LAYOUT AND STRIPING SHALL FOLLOW CITY OF DELRAY BEACH CURRENT STANDARDS. DRAWN: MJP 2. ANY TREES OR SHRUBS PLACED WITHIN WATER, SEWER, OR DRAINAGE EASEMENTS SHALL CONFORM TO THE CITY OF DELRAY BEACH STANDARD DETAILS; LD 1.1 & LD 1.2. CHECKFD: MJF 3. NO PROPOSED IMPROVEMENTS, BUILDINGS, OR ANY KIND OF CONSTRUCTION CAN BE PLACED ON OR WITHIN ANY 0 10' 20' 40' 1 nlle 1" = 20' WATER, SEWER, OR DRAINAGE EASEMENTS, UNLESS APPROVED BY THE CITY OF DELRAY BEACH CITY ENGINEER. ! 4. NO PROPOSED STRUCTURES SHALL BE INSTALLED WITHIN A HORIZONTAL DISTANCE OF 10' FROM ANY EXISTING OR SCALE 1' = 20' l PROPOSED WATER, SEWER, OR DRAINAGE FACILITIES, UNLESS APPROVED BY THE CITY OF DELRAY BEACH CITY C 1 �OB] ENGINEER. ' DRAWING IN S. W. Ld N o' 10TH AND 10TH CENTER PLAT w PROPERTY PLANNING AND ZONING DEPARTMENT D LOCATION MAP a a ~ N O ui V7 (n (n ROYAL qALM DR. POIN STREET �7-1 S.W. 7TH U) vi oo S. W. 8TH S. W. 9TH --E S. W. 9TH BESSIE ST. AVENUE -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\Z—LM 1001-1500\LM1316_10th & 10th Center N SUBJECT 10TH AND 10TH CENTER PLAT PROPERTY PLANNING AND ZONING DEPARTMENT D LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\Z—LM 1001-1500\LM1316_10th & 10th Center �• •war.. •� it Oil co =� 11TH STREET` . .. 3.v y/k, ky PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: September 24, 2012 AGENDA ITEM: V• B• ITEM: 10th and 10th Center Plat - A final subdivision plat associated with a the construction of a proposed neighborhood commercial center with a 9,171 sq. ft. Dollar General Store and a future 3,488 sq. ft. retail building within two (2) phases located at the southeast corner of SW 10th Street and SW 10th Avenue. GENERAL DATA: Agent ................................. David Lindley, PLS Caulfield & Wheeler, Inc. Applicant ............................ West Corner Venture, LLC Owner ............................... West Corner Venture, LLC Location .................................. South Side of SW 10th Street, Between SW 91h Avenue and SW 10th Avenue Property Size .......................... 1.49 Acres Current FLUM................... Transitional (TRN) Current Zoning .................... Neighborhood Commercial (NC) Adjacent Zoning.......... North: Open Space and Recreation (OSR) South: Light Industrial (LI) East: Community Facilities (CF) West: Mixed Industrial and Commercial (MIC) Existing Land Use ................... Vacant Proposed Land Use ............... Neighborhood Commercial Center Water Service ......................... Connection Available Via A New 8" Water Main To Be Located Within the SW 9th Avenue Right - of -Way Sewer Service ........................ Connection Available Via a 10" Sanitary Sewer Main Within the SW 9th Avenue Right -of -Way ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a new neighborhood commercial development to be platted as 10th and 10th Center. The subject property is located at the southeast corner of SW 10th Street and SW 10th Avenue. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 1.49 acre subject property is a replat of Lots 9, 10, 11 and a portion of Lots 12 and 13, Esquire Subdivison, as recorded in Plat Book 23, Page 43 of the public records of Palm Beach County, Florida, recorded on February 27, 1950. The property was annexed into the City on June 28, 1988, via the Enclave Act (Enclave #31A) and is currently undeveloped after two (2) residential structures were demolished. On April 3, 2012, the City Commission approved a small-scale Comprehensive Plan amendment including an amendment to the Future Land Use Map from CMR (Commerce) to TRN (Transitional) and an associated text amendment, and Rezoning from LI (Light Industrial) to NC (Neighborhood Commercial). The City Commission also approved a text amendment to the "Wallace Drive Redevelopment Plan" to allow neighborhood commercial retail and service uses as a principal use for the subject property. On May 15, 2012, the City Commission approved a text amendment to the Land Development Regulations (LDRs) to modify the development standards and other regulations in the Neighborhood Commercial (NC) District for properties located within the Wallace Drive Overlay District. On August 22, 2012, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations to construct a new 9,142 sq. ft. Dollar General Store and a future 3,330 sq. ft. retail building within two (2) phases on the subject property. PLAT DESCRIPTION The replat will subdivide the subject property into (4) parcels. Parcels "A" and "B", the development parcels, will contain all the buildings and parking lots for the new project. Parcel "RW" is a dedication of 10 feet of additional right-of-way for SW 10th Avenue and Parcel "RW1" is a dedication of 5 feet of additional right-of-way for SW 9th Avenue. Both of these right-of-ways are being dedicated by this plat. The plat includes a non -vehicular access line along the entire length of the frontage on SW 10th Street and on SW 10th Avenue, with the exception of one 45.02' access opening at the southern end of the property. A 24 foot access easement through the site provides both development parcels with access to both SW 9th Avenue and SW 10th Avenue. A 12 foot drainage easement also extends through both parcels. A General Utility Easement is provided along SW 9th Avenue, along a portion of the south property line of Parcel "A", and along a portion of the north property line of Parcel "B". P&Z Board Staff Report, Meeting of September 24, 2012: 10th and 10th Center Plat Paqe 2 PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a TRN (Transitional) Future Land Use Map designation (FLUM) and is currently zoned NC (Neighborhood Commercial). The NC (Neighborhood Commercial) zoning district is consistent with the TRN (Transitional) FLUM designation. Pursuant to the LDR Section 4.4.11(B)(1), retail uses are listed as allowed principle uses within the NC (Neighborhood Commercial) zoning district. The subject 1.49 acre property is less than the 2.0 acre maximum allowed within the TRN (Transitional) FLUM designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(8) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service will be provided via connection to a new 8" water main to be located within the SW 9th Avenue right-of-way. This line will be connected to an existing 10" water main located within the SW 10th Street right-of-way. Sewer service will be provided via connection to an existing 10" sewer line located within the SW 91h Avenue right-of-way. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build -out. The Comprehensive Plan also states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build -out population based on the current FLUM. Thus, a positive finding with respect to this level of service standard can be made. Drainage: Drainage will be accommodated on site via an exfiltration trench system and sheet flow. There should be no impact on drainage as it relates to this level of service standard. Streets and Traffic: The applicant has submitted a traffic study indicating that the proposed development will generate 13 AM and 64 PM peak hour trips with 710 Average Daily Trips (ADT). A letter from the Palm Beach County Traffic Division indicating that the project meets the Traffic Performance Standards of Palm Beach County has been provided. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. P&Z Board Staff Report, Meeting of September 24, 2012: 10th and 10th Center Plat Paqe 3 Solid Waste: At the established waste generation rate, the proposed 12,472 square foot neighborhood retail center will generate 63.6 tons of solid waste per year [12,472 x 10.2 = 127,214.4/ 2,000 lbs = 63.6 tons]. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2047. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the project. The property will be subdivided into two development parcels and two dedication parcels for additional right-of-way on adjacent streets (SW 91h and SW 10th Avenues). • LDR Section 4.3.4(K) (Development Standards Matrix): Pursuant to LDR Section 4.4.11(F)(4), "Wallace Drive Overlay District Development Standards", within the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the Development Standards depicted in the Section 4.3.4(K) Development Standards Matrix, shall be the same as those of the MIC (Mixed Industrial and Commercial) zoning district. There are no minimum lot size, width, depth, or frontage requirements for the MIC (Mixed Industrial and Commercial) zoning district. Open space, building setbacks and building height were addressed with approval of the site plan for the project. • LDR Section 5.3.1(Right-of-Way Dedication): 10 feet of additional right-of-way for SW 10th Avenue along the south portion of the property is required and an additional 5 feet of right-of-way is required for SW 9th Avenue. Both dedications will be made via this plat. A complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "C". TECHNICAL ITEMS Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B", and must be addressed prior to scheduling of the P&Z Board Staff Report, Meeting of September 24, 2012: 10th and 10th Center Plat Page 4 plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) of the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Woods of Southridge Delray Beach Heights • Groves of Delray • Southridge Village Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the 10th and 10th Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the 10th and 10th Center, by adopting the findings of fact and P&Z Board Staff Report, Meeting of September 24, 2012: 10th and 10th Center Plat Page 5 law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Reduced Plat P&Z Board Staff Report, Meeting of September 24, 2012: 10th and 10th Center Plat Paqe 6 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent U B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of September 24, 2012: 10th and 10th Center Plat Page 7 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of September 24, 2012: 10th and 10th Center Plat Page 8 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plat Comments: 1. Provide correspondence from FPL indicating they are in agreement that an exclusive FPL easement is not required and that a General Utility Easement is satisfactory. 2. Remove FPL dedication language from plat if FPL agrees to the non-exclusive easement. 3. Remove Environmental Services Director's signature line from City Approvals section. 4. Provide Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. 5. Correct spelling of Vehicular in #4 of Dedication Statement. It is shown as "Vehivular". 6. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 7. Provide a response letter with a detailed description of how each of these comments has been addressed with next submittal of revised plans. In addition, please ensure a complete set is provided for the City of Delray Beach Engineering Division. P&Z Board Staff Report, Meeting of September 24, 2012: 10th and 10th Center Plat Paqe 9 APPENDIX - C COMPREHENSIVE PLAN POLICIES Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides a bicycle rack in front of the north entrance of the 9,142 sq. ft. retail building for the Dollar General Store. This accommodates pedestrian and cyclist traffic approaching from SW 10th Street. Its proximity to the future 3,330 sq. ft. retail building should meet the needs of both buildings on site. Thus, this requirement is met. Future Land Use Element Objective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed development proposal is to accommodate a 9,142 sq. ft. Dollar General Store and a future 3,330 sq. ft. retail store. This is appropriate in terms of future use and intensity for the subject 1.49 acre property. The new development will not have a negative impact on the surrounding properties. The proposed use will be compatible with the soil, topographic, and other physical considerations of the subject property. MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: October 9, 2012 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ACCEPTANCE OF A WATER EASEMENT DEED/ ROSEAIRE RETREAT ITEM BEFORE COMMISSION Acceptance of an exclusive water easement deed for a water main at the Roseaire Retreat. BACKGROUND Roseaire Retreat is a non-profit organization located on the west side of Gallagher Road, north of Barrett Street, at 14281 Gallagher Road. See location map. A water main and water service line to a meter will be installed on the south end of this project. A 12 foot water easement is required so that City crews can access and perform maintenance operations associated with the new City maintained water main. RECOMMENDATION Staff recommends approval of Water Easement Deed. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this 13th day of September, 2012, by and between ROSEAIRE RETREAT, INC. by Juan R. Alvarez, President of the Corporation with a mailing address of 14281 Gallagher Rd, Delray Beach, Florida 33445, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to -wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. I// WITNESS #1: f2AV�, Afe_S.r�A-AI,51C) (name printed or typed) WITNESS #2: (name printed or typed) STATE OF'�.! COUNTY OF PARTkOHE FIRST PART By.N varez President, Roseaire Retreat, Inc. The. foregoing instrument was cknowledged before me this J t day of ,20Zb a y r ��, W0 0 (name of officer or agent), of ( .w4A, amc (name of corporation), a Ci u (State or place of incorporation) corporation, on behalf of the corporation. He/She i personally known to me or has produced (type of identification) anti caic on nd did/did not take an oath. (SEAL) Signature o Notaq Public - State of U CLAU01NE ELIE : Notary Public . $tale of Florida My Comm. Expires Aug 2, 201: %:,;�oF ,�::' Commission # EE 1'8286 SKETCH OF DESCRIPTION EXHIBIT 'A " SHEET 1 OF 3 J U Z 680.0' EAST LINE OF N. 1/4 N NOT PLATTED OF S W. 1/4 OF N. W. 1/4 \a W OF SECTION 13/46/42 pi Lo on �� �zo0 S.89-46'09-W.Z 0 0 0 o o °j 12.00' z WATER EASEMENT o cri n z \� S.89°46'09 W. 19.72, �- �E W 258.19' S 89°46'09"W. 19J. 94' L,- � 396.13' N.89°46'09"E. S89°46'09"W. 0 o b 187.00 0 19 19.72 DD' "� 243.00' � N.89°46'09"E. 112.01 N.0°00'45'E S.44°59'52'E 665.08' N.89°46'09'E to t 12' UTILITY EASEMENT O.R.B. 9991, PAGE 1329) SOUTH LINE OF N.1/4 12' WA TER MAIN OF S W. 1/4 OF N, W. 1/4 EASEMENT OF SECTION 13/46/42 IRIJUM8 11MI/iffid 7 NO TES.- 6, PAGES THIS IS NOT A SURVEY THE SOUTH LINE OF N. 1/4 OF S W. 1/4 OF N. W. 1/4 OF SECTION 13/46/42 IS ASSUMED TO BEAR N.89046'09"E. O.R.B. = OFFICIAL RECORDS BOOK P.O.C. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING L.E. = LANDSCAPE EASEMENT L.A.E - LIMITED ACCESS EASEMENT SECTION 13/46/42 = SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST = CENTERLINE ORDER NO. 71-43 "EA " (PLA T BOOK 776-177) U O�cc Zf -ZLo w ozCN � J USO PAUL D. ENGLE SURVEYOR & MAPPE NO. 5708 DATE-- AUGUST 15. 2012 0:117rawingslGENERAL CADDIGxd171-430.9xd—O&N612012-09x47 AM— Scale 1: 240.0000 SKETCH OF DESCRIPTION EXHIBIT "A " SHEET 2 OF 3 DESCRIPTION - THAT PORTION OF THE NORTH QUARTER (N. 114) OF THE SOUTHWEST QUARTER (S W V4) OF THE NORTHWEST QUARTER (N. W. 114) OF SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLL 0 WS - COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH QUARTER (N. 114) OF THE SOUTHWEST QUARTER (S W. 114) OF THE NORTHWEST QUARTER (N. W. 114) OF SAID SECTION 13, THENCE N.0°00'00'E, ALONG THE EAST LINE OF THE NORTH QUARTER (N. V4) OF THE SOUTHWEST QUARTER (S W. 114) OF THE NORTHWEST QUARTER (N. W. 114) OF SAID SECTION 13, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.0000'00'E, ALONG SAID EAST LINE, A DISTANCE OF 12.00 FEET TO A POINT ON A LINE 17.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTH QUARTER (N V4) OF THE SOUTHWEST QUARTER (S. W. 114) OF THE NORTHWEST QUARTER (N. W. 114) OF SAID SECTION 13; THENCE 589-46'09"W", ALONG SAID PARALLEL LINE, A DISTANCE OF 187.00 FEET; THENCE N.44059'52"W., A DISTANCE OF 19.72 FEET TO A POINT ON A LINE 31.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTh QUARTER (N. 114) OF THE SOUTHWEST QUARTER (S. W. 114) OF THE NORTHWEST QUARTER (N. W. 114) OF SAID SECTION 13; THENCE S.89046'09"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 193.94; THENCE N.001351"W., A DISTANCE OF 19.60 FEET; THENCE S89046'09"W., A DISTANCE OF 12.00 FEET THENCE S.0013511E, A DISTANCE OF 19.60 FEET TO A POINT ON A LINE 310 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTH QUARTER (N. 114) OF THE SOUTHWEST QUARTER (S W. 114) OF THE NORTHWEST QUARTER (N.W V4) OF SAID SECTION 13, THENCE S89046'09"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 258.19 FEET TO A POINT ON A LINE 680.0 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE NORTH QUARTER (N V4) OF THE SOUTHWEST QUARTER (S W V4) OF THE NORTHWEST QUARTER (N. W. V4) OF SAID SECTION 13; THENCE S0000'45"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 3100 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH QUARTER (N V4) OF THE SOUTHWEST QUARTER (S W. 114) OF THE NORTHWEST QUARTER (N. W. 114) OF SAID SECTION 13; THENCE N.89 °46'09 "E., ALONG SAID SOUTH L INE, A DISTANCE OF 12 00 FEE T- THENCE N. 0 °00'45 "E., A DISTANCE OF 19.00 FEET TO A POINT ON A LINE 19.00 FEET NORTH DATE. AUGUST 15, 2012 ORDER NO. 71-4,3 "EA " OADrawingslGENERAL CADD%Gxdl71-43c.gxd — 08/16/2012 — 09:47 AM — Scale 1: 240.0000 SKETCH OF DESCRIPTION EXHIBIT "A" SHEET 3 OF 3 DESCRIPTION CONTINUED: OF AND PARALLEL TO THE SOUTH LINE OF THE NORTH QUARTER (N V4) OF THE SOUTHWEST QUARTER (S W.1/4) OF THE NORTHWEST QUARTER (N. W 1/4) OF SAID SECTION 13; THENCE N.89046,09'E, ALONG SAID PARALLEL LINE, A DISTANCE OF 396.13 FEET; THENCE S.4405 -9'52"E, A DISTANCE OF 19.72 FEET TO A POINT ON A LINE 5.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTH QUARTER (N. 114) OF THE SOUTHWEST QUARTER (S W.114) OF THE NORTHWEST QUARTER (N W. 114) OF SAID SECTION 13; THENCE N.89046'09'E, ALONG SAID PARALLEL LINE, A DISTANCE OF 243.00 FEET TO THE POINT OF BEGINNING. DA TE.- AUGUST 15, 2012 ORDER NO, 71-43'EA " 0:10rawingsiGENERAL CA0D%GxU171-43c.gxd — 08/16/2012 — 09:57AM— Scale 1: 240,0000 LI ��� Location Map 14281 Gallagher Rd ,Brady:Blvd 00, or Ilk MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, HIPC, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: October 9, 2012 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 FINAL SUBDIVISION PLAT APPROVAL/10TH AND 10TH CENTER ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat for a new neighborhood commercial development being platted as 10th and 10th Center. The subject property is located at the southeast corner of SW 10th Street and SW 10th Avenue. BACKGROUND The 1.49 acre subject property is a replat of Lots 9, 10, 11 and a portion of Lots 12 and 13, Esquire Subdivision, as recorded in Plat Book 23, Page 43 of the public records of Palm Beach County, Florida, recorded on February 27, 1950. The property was annexed into the City on June 28, 1988, via the Enclave Act (Enclave #31A) and is currently undeveloped after two (2) residential structures were demolished. On April 3, 2012, the City Commission approved a small-scale Comprehensive Plan amendment including an amendment to the Future Land Use Map from CMR (Commerce) to TRN (Transitional) and an associated text amendment, and Rezoning from LI (Light Industrial) to NC (Neighborhood Commercial). The City Commission also approved a text amendment to the "Wallace Drive Redevelopment Plan" to allow neighborhood commercial retail and service uses as a principal use for the subject property. On August 22, 2012, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations to construct a new 9,142 sq. ft. Dollar General Store and a future 3,330 sq. ft. retail building in two (2) phases on the subject property. The replat will subdivide the subject property into (4) parcels. Parcels "A" and "B", the development parcels, will contain all the buildings and parking lots for the new project. Parcel "RW" is a dedication of 10 feet of additional right-of-way for SW 10th Avenue and Parcel "RW1" is a dedication of 5 feet of additional right-of-way for SW 9th Avenue. Both of these rights-of-way are being dedicated by this plat. The plat includes a non -vehicular access line along the entire frontage on SW 10th Street and on SW 10th Avenue, with the exception of one 45.02' access opening at the southern end of the property. A 24 foot access easement through the site provides both development parcels with access to SW 9th Avenue and SW 10th Avenue. A 12 foot drainage easement also extends through both parcels. A General Utility Easement is provided along SW 9th Avenue, along a portion of the south property line of Parcel "A", and along a portion of the north property line of Parcel "B". Plat Anal City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of September 24, 2012, and recommended approval by a vote of 7 to 0. Courtesy Notices: Courtesy notices were provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Woods of Southridge • Delray Beach Heights • Groves of Delray • Southridge Village To date, no letters of objection or support to the Plat have been received. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION Move approval for the 10th and 10th Center Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations.