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03-14-13 Special/Workshop Meeting CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL/WORKSHOP MEETING - THURSDAY, MARCH 14, 2013 6:00 P.M. DELRAY BEACH CITY HALL The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243-7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Special Pursuant to Section 3.12 of the Charter of the City of Delray Beach, the Mayor has instructed me to announce a Meeting of the City Commission to be held for the following purposes: MUNICIPAL ELECTION RESULTS: 1. Canvass the returns, and declare the results of the March 12, 2013 First Nonpartisan and Special Elections. WAIVER REQUEST/DELRAY BEACH TWILIGHT FESTIVAL: 2. Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7(F)(3)(f), Special Event Non-Roadway Banner Signing€, to allow sponsor banners to be hung on the perimeter fencing of the Delray Beach Twilight Festival (bike races) site and to allow (Quasi-Judicial Hearing) banners to exceed 20 square feet, from March 22-23, 2013. PROPOSED CHANGES TO THE RULES FOR PUBLIC PARTICIPATION: 3. Approve the proposed change to the Rules for Public Participation. CONTRACT AWARD/PREMIERE BUILDING SERVICES: 4. Approve a contract award with Premiere Building Services in the amount of $59,739.60 for janitorial services for the cleaning of various City buildings in addition to requested janitorial services as needed€ by departments. Funding is available from various departmental operating budgets. WORKSHOP AGENDA 1. Police Department Staffing Update 2. Utility Service Line Warranty Program 3. Valet Parking Program Review rd 4. Discussion regarding the Conceptual Design of N.E. 3 Avenue 5. Discussion regarding Multi-Space Parking Meters for the Old School Square Garage 6. Commission Comments 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. MEMORANDUM TO:Mayor and City Commissioners FROM:Chevelle D. Nubin, MMC, City Clerk THROUGH:Douglas E. Smith, Interim City Manager DATE:March 14, 2013 AGENDA ITEM SP.1 -SPECIAL/WORKSHOP MEETING OF MARCH 14, 2013 SUBJECT: MUNICIPAL ELECTION 2013 RESULTS ITEM BEFORE COMMISSION Presented for your review are the unofficial cumulative totals for the regular, absentee, and provisional ballots as provided by the Supervisor of Elections for Palm Beach County, indicating the results of the First Nonpartisan and Special Election held on Tuesday, March 12, 2013. BACKGROUND FIRST NONPARTISAN ELECTION COMMISSION MEMBER € SEAT #1 - TWO YEAR TERM 1,064 ALEXANDER CHRISTOPHER 1,583 KURT LEHMANN 3,358 SHELLY PETROLIA MAYOR € SEAT #5 - TWO YEAR TERM 2,958 TOM CARNEY 3,212 CARY GLICKSTEIN SPECIAL ELECTION QUESTION #1 5,366 YES 462 NO QUESTION #2 3,828 YES 2,012 NO QUESTION #3 3,377 YES 2,413 NO QUESTION #4 4,313 YES 1,472 NO QUESTION #5 3,691 YES 2,077 NO QUESTION #6 3,419 YES 2,229 NO RECOMMENDATION To Approve the unofficial cumulative totals for each candidate for Commission Member/Seat #1 and Mayor/Seat #5; and the six (6) referendum questions, including all of the regular, absentee, and provisional votes as presented, and that it is hereby declared, based upon the above and foregoing official results, that Shelly Petrolia is elected as Commission Member/Seat #1 and Cary Glickstein is th elected as Mayor/Seat #5 for two year terms commencing on the 28 day of March, 2013, and ending in accordance with the City Charter; and that all referendum questions were approved.Pursuant to the Citys Charter, Article V, Section 5.04(C), due to Adam Frankel being unopposed, he is deemed to have voted for himself and, therefore, elected to Seat #3 for which he qualified. MEMORANDUM TO:Mayor and City Commissioners FROM:Robert A. Barcinski, Assistant City Manager THROUGH:Douglas E. Smith, Interim City Manager DATE:March 7, 2013 AGENDA ITEM SP.2 -SPECIAL/WORKSHOP MEETING OF MARCH 14, 2013 SUBJECT: BANNER WAIVER REQUEST TWILIGHT FESTIVAL ITEM BEFORE COMMISSION Commission is requested to consider a waiver to LDRs Section 4.6.7(F)(3)(f) to allow banners to exceed 20 square feet of similar size that has been allowed in the past on March 22 & 23, 2013 within the boundaries of the Delray Beach Twilight Festival (bike races) at locations indicated in the request. BACKGROUND Attached is an letter and maps received from Chelsea Midlarsky requesting a waiver to LDRs Section 4.6.7(F)(3)(f) to allow banners that exceed the maximum square foot allowance for the Delray Beach Twilight Festival (bike race and festival). The locations the waiver is requested for are on the grounds of the Delray Beach Center for the Arts, NE stnd 1 Street between Swinton Avenue and NE 2 Avenue, Swinton Avenue between Atlantic Avenue and st NE 1 Street, at Old School Square Park, and on the event stage. All locations are located within the event site boundaries. RECOMMENDATION Staff recommends approval of a waiver to allow banners that exceed 20 square feet of similar size that has been allowed in the past as requested by Ms. Chelsea Midlarsky for the Delray Beach Twilight Festival events being held on March 22 and 23, 2013. MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:March 7, 2013 AGENDA ITEM SP.3 -SPECIAL/WORKSHOP MEETING OF MARCH 14, 2013 SUBJECT: PROPOSED CHANGE TO THE RULES FOR PUBLIC PARTICIPATION ITEM BEFORE COMMISSION The item before the Commission is a proposed change to the Rules for Public Participation. BACKGROUND At the March 5, 2013 Regular Commission meeting the Commission approved changes to the Rules of Procedure that govern the Commission. The attached changes were made to the Rules of Public Participation in order to be consistent with the changes made to the Commissions Rules of Procedure. RECOMMENDATION Approve the changes to the Rules of Public Participation. MEMORANDUM TO:Mayor and City Commissioners FROM:David Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH:Douglas Smith, Interim City Manager DATE:March 7, 2013 AGENDA ITEM SP.4 - SPECIAL/WORKSHOP MEETING OF MARCH 14, 2013 SUBJECT: CONTRACT AWARD/ PREMIERE BUILDING SERVICES ITEM BEFORE COMMISSION City Commission is requested to award the annual janitorial services contract for the cleaning of various City buildings in addition to requested janitorial services as needed by departments to Premiere Building Services the most lowest responsive in the amount of $59,739.60 per year. The contract term is for one (1) year with two (2) renewal options. BACKGROUND Request for proposals were submitted by sixteen (16) vendors for daily janitorial services and other requested janitorial related department request per RFP Specification #2013-10 group A through D publicly opened on November 07, 2013. On October 16, 2012 a mandatory pre-bid was held, this included a complete tour of all buildings to be serviced and the cleaning requirments of each area. Employees of Premiere Building Services that will be assigned to the City have passed the background check, also Public Works called the reference list and they received high marks and no one has had any problems with them. The one concern is Premiere Building Services appear to be a small company and the bid pricing also appears to be a little low for the expected work to be performed. Staff recommends awarding Premiere Building Services the contract. The contract will include a three (3) month probationary period during which the contractor's performance will be closely scrutinized and the City may end the contract at the City's discretion. If the contract with Premiere Building Services is terminated by the City, the work can then be (re)awarded to the 2nd lowest bidder, Image Janitorial Services, Inc., without interruption of service. FUNDING SOURCE Funding is available from various departmental operating budgets FY 2012/2013. OTHER CONTRACTUAL SERVICE / JANITORIAL SERVICES RECOMMENDATION Staff recommends award of annual janitorial services and other requested janitorial services, with a for City buildings as listed in RFP #2013-10 specifications A through D to Premiere Building Services in the amount of $59,739.60 per year. The contract term is for one (1) year with two (2) renewal options. MEMORANDUM TO:Mayor and City Commissioners FROM:Anthony W. Strianese, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH:Douglas E. Smith, Interim City Manager DATE:March 7, 2013 AGENDA ITEM WS.1 - SPECIAL/WORKSHOP MEETING OF MARCH 14, 2013 SUBJECT: POLICE DEPARTMENT STAFFING UPDATE ITEM BEFORE COMMISSION The Police Department will provide an update on the current staffing levels and will be available to answer questions. BACKGROUND Questions have been raised regarding Police Department staffing, and Chief Strianese will provide a status update and be available to the Commission for discussion. MEMORANDUM TO:Mayor and City Commissioners FROM:Richard J. Reade, Sustainability Officer/PIO THROUGH:Douglas E. Smith, Interim City Manger DATE:March 7, 2013 AGENDA ITEM WS.2 - SPECIAL/WORKSHOP MEETING OF MARCH 14, 2013 SUBJECT: UTILITY SERVICE LINE WARRANTY PROGRAM ITEM BEFORE COMMISSION Discuss partnering with Utility Service Partners (d/b/a Service Line Warranties of America) in offering a utility service line warranty program to homeowners as a solution to pay for unanticipated repairs to water and sewer lines between the home and the point of connection to the City's utility lines. BACKGROUND The National League of Cities (NLC) has partnered with Utility Service Partners, Inc. d/b/a Service Line Warranties of America (SLWA) in offering the NLC's Service Line Warranty Program to member cities. This Warranty Program is offered to single family, residential homeowners as an affordable, voluntary solution to pay for unanticipated repairs to water and sewer lines between the home and the point of connection to the City's utility lines. Please note that multi-family and businesses would not be eligible to participate in this program at this time. Further, additional details regarding the program are provided in the attached PowerPoint presentation. To implement the program within the City of Delray Beach, a marketing agreement would needto be entered into between the City and the SLWA. Sample agreements are provided for review. If approved, the proposed agreement would provide theSLWA with a non-exclusive license to use the Citys name and logo on marketing materials to be sent to residents. In consideration of the City granting the non-exclusive license, the SLWA will offer the City two (2) options to earn revenue from this program: 1.Annually pay the City a portion of the revenue from each (water and sewer) warranty subscription in the City. This option would require the City to enter into a one (1) year term and will renew automatically unless either party provides a 90 day notice of its intent not to renew the agreement. 2.Provide the City with a fixed dollar amount (dependent on the total number of residential households with the City and paid out over a 3 year period) as well as the annual amount as described in Option #1 above. This option would require a three (3) year commitment from the City and will renew on an annual basis unless either party provides a 90 day notice of its intent not to renew the agreement. Within either option, the City may terminate the agreement after providing notice to the SLWA for breach of the agreement. The agreement also contains standard indemnification and insurance requirements. Should the Commission provide direction to proceed with this program, there would be no cost to City for entering into an agreement with SLWA. The total revenue generated to the City is undetermined at this time as it will depend on the number of residential households that elect to participate in this voluntary program. The homeowners cost for the warranty program is expected to range from $5.75 - $7.75 per month (or $64 per year for water and $88 per year for sewer) for a single utility line span. A number of communities throughout Florida have partnered with the SLWA to offer this program to their residents. Staff has spoken with representatives from the City of Greenacres and, outside of some general promotional/marketing issues, they provided positive comments regarding the program. Michael P. Madden, General Manager with Utility Service Partners, Inc., is expected to be in attendance to provide additional information on the Utility Service Line Warranty Program and answer any questions that the City Commission may have. RECOMMENDATION Discuss providing the proposed Utility Service Line Warranty Program to the City's single family, residential households. February 4, 2013 Richard Reade Sustainability Officer / PIO RE: Marketing Agreement with Utility Service Partners Private Label, Inc. d/b/a Dear Mr. Reade : We have discussed entering into a marketing agreement between the City of Delray Beach, Florida ) and SLWA. understanding that, in consideration of the License Fee (as defined below) to be paid by SLWA 1. City hereby grants to SLWA a non- letterhead and marketing materials to be sent to the Residents from time to time, and to be used approval, which will not be unreasonably conditioned, delayed, or withheld. 2. As consideration for such license, SLWA will be liable to pay to City, within 30 days of the end of the final calendar quarter, Fifty Cents ($.50) for each product sold to Residents, and remaining in effect through the end of the calendar statement certifying the number of products sold to Residents. This License Fee shall be paid by SLWA so long as this marketing agreement remains in effect. City will have the right, at its expense, to conduct an annual audit, upon reasonable notice and during normal business hours, pertaining to sales to the Residents while this marketing agreement is in effect and for one year after any termination of this marketing agreement. 3. The term of this marketing agreement will be for one (1) year from the date of the execution of the acknowledgement below and this agreement will then renew on an annual basis unless one of the parties gives the other advance written notice of at least 90 days that it does not intend to renew this marketing agreement. City may terminate this marketing agreement 30 days after giving notice to SLWA that SLWA is in material breach of this agreement if such breach is not cured during such 30-day period. SLWA will be permitted to complete any marketing initiative initiated or planned prior to the effective date of any termination of this marketing agreement and shall pay the License Fee to the City for the calendar year in which this marketing conduct an audit as described above, neither party will have any further obligations to the other and the license described in this letter will terminate. 4. SLWA shall indemnify, hold harmless, and defend City, its elected officials, appointed officials, and employees from and against any loss, claim, liability, damage, or expense that any of them may suffer, sustain or become subject to in connection with any third party claim (each a of or by reason of this marketing agreement, provided that the applicable indemnitee notifies SLWA of any such Claim within a time that does not prejudice the ability of SLWA to defend against such Claim. Any indemnitee hereunder may participate in its, his, or her own defense, but will be responsible for all costs incurred, including reasonable attorneys' fees, in connection with such participation in such defense. If City agrees that the foregoing fully and accurately describes the agreement between City and SLWA, please arrange to have a duly authorized representative of City execute and date the acknowledgement below in each of the duplicate original versions of this letter and return one to me in the enclosed self-addressed stamped envelope. If you have any questions or wish to further discuss this marketing agreement, please do not hesitate to contact Michael Madden via email at mmadden@utilitysp.net, or by phone at 407- 616-2239. Very truly yours, Utility Service Partners Private Label, Inc. By: ________________________________ Print Name: _ Philip E. Riley, Jr. _________ Title: President & CEO________________ By: ________________________________ Print Name: __ Brad H. Carmichael ________ Title: ___Vice President_________________ Acknowledged and Agreed: City hereby acknowledges and agrees that the foregoing letter fairly and accurately describes the agreement between City and SLWA as of the date of this acknowledgement. City of Delray Beach, Florida: By: __________________________________ Date: ________________________ Print Name: ____________________________ Title: _________________________________ February 4, 2013 Richard Reade Sustainability Officer / PIO RE: Marketing Agreement with Utility Service Partners Private Label, Inc. d/b/a Dear Mr. Reade : We have discussed entering into a marketing agreement between the City of Delray Beach, Florida ) and SLWA. understanding that, in consideration of the License Fee (as defined below) to be paid by SLWA to City, C 1. City hereby grants to SLWA a non- letterhead and marketing materials to be sent to the Residents from time to time, and to be used approval, which will not be unreasonably conditioned, delayed, or withheld. 2. As consideration for such license, SLWA will be liable to pay to City, within 30 days of the end of the final calendar quarter, Fifty Cents ($.50) for each product sold to Residents, and remaining in effect through the end of the calendar ith a statement certifying the number of products sold to Residents. This License Fee shall be paid by SLWA so long as this marketing agreement remains in effect. City will have the right, at its expense, to conduct an annual audit, upon reasonable notice and during normal business hours, pertaining to sales to the Residents while this marketing agreement is in effect and for one year after any termination of this marketing agreement. In addition, so long as this marketing agreement remains in effect on the following dates, SLWA agrees to pay City an additional brand license fee of $9,545.20, payable as follows: $4,772.60 by May 1, 2013; $2,386.30 by May 1, 2014; and $2,386.30 by May 1,2015; pending approval of materials for each Fall and Spring Campaign. 3. The term of this marketing agreement will be for three years from the date of the execution of the acknowledgement below and this agreement will then renew on an annual basis unless one of the parties gives the other advance written notice of at least 90 days that it does not intend to renew this marketing agreement. City may terminate this marketing agreement 30 days after giving notice to SLWA that SLWA is in material breach of this agreement if such breach is not cured during such 30-day period. SLWA will be permitted to complete any marketing initiative initiated or planned prior to the effective date of any termination of this marketing agreement and shall pay the License Fee to the City for the calendar year in which this marketing agreement is terminated afte conduct an audit as described above, neither party will have any further obligations to the other and the license described in this letter will terminate. 4. SLWA shall indemnify, hold harmless, and defend City, its elected officials, appointed officials, and employees from and against any loss, claim, liability, damage, or expense that any of them may suffer, sustain or become subject to in connection with any third party claim (each a of or by reason of this marketing agreement, provided that the applicable indemnitee notifies SLWA of any such Claim within a time that does not prejudice the ability of SLWA to defend against such Claim. Any indemnitee hereunder may participate in its, his, or her own defense, but will be responsible for all costs incurred, including reasonable attorneys' fees, in connection with such participation in such defense. If City agrees that the foregoing fully and accurately describes the agreement between City and SLWA, please arrange to have a duly authorized representative of City execute and date the acknowledgement below in each of the duplicate original versions of this letter and return one to me in the enclosed self-addressed stamped envelope. If you have any questions or wish to further discuss this marketing agreement, please do not hesitate to contact Michael Madden via email at mmadden@utilitysp.net, or by phone at 407- 616-2239. Very truly yours, Utility Service Partners Private Label, Inc. By: ________________________________ Print Name: _ Philip E. Riley, Jr. _________ Title: President & CEO________________ By: ________________________________ Print Name: __ Brad H. Carmichael ________ Title: ___Vice President_________________ Acknowledged and Agreed: City hereby acknowledges and agrees that the foregoing letter fairly and accurately describes the agreement between City and SLWA as of the date of this acknowledgement. City of Delray Beach, Florida: By: __________________________________ Date: ________________________ Print Name: ____________________________ Title: _________________________________ HOME SERVICE CONTRACT COVER PAGE WATER OUTSIDE SERVICE LINE PROVIDER: Utility Service Partners Private Label, Inc. d.b.a.: Service Line Warranties Of America 11 Grandview Circle, Suite 100 Canonsburg, PA 15317-9840 Website: www.slwofa.com Phone: 866-922-9006 CONTRACT HOLDER: [Name] Account No.: To be assigned Confirmation No.: To be assigned Dear [Name], Thank you for enrolling in the Service Line Warranties of AmericOutside Line Service Program. This Home Service Contract is for your Outside Water Line only and is subject to the enclosed TERMS & CONDITIONS. In addition to our enclosed standard Terms & Conditions, the fol or negotiated on your behalf by your city. These additions supersede any provision to the contrary in the Terms and Conditions; Obligations of SLWA under this Home Service Contract are backed and are not guaranteed by a service contract reimbursement insurance policy. THIS IS NOT A CONTRACT OF INSURANCE. You may not assign or transfer this Home Service Contract to ano you decide to move or sell the home for which this Home Service ntract is employed, you have the right to assign this Home Service Contract to the subsequent ret the date the home is sold or transferred, provided, however that to exceed $40. Please note, listing period. Certain items and events are not covered by this contract. Pleas the following page of this document. If this Home Service Contract was issued on or after July 1, 2011, the established not subject to regulation by the Florida Department of Insurance the Service Program for nonpayment within thirty (30) days of th If the contract is canceled by SLWA for any reason other than for fraud or misrepresentation, a return of premium shall be bas premium, less any claims paid on your account. This contract begins at noon local time, thirty (30) calendar days after the enrollment date, unless otherwise noted or disclosed, and continues thereafter so long as you make timely p per occurrence. Should you need to file a claim, please contact our emergency hot line at 1-866-922-9006. Representatives are available to take your call 24 hours a day, seven days a week, i We hope that you never experience an emergency, but if you do, w Thank you again for your business. Service Line Warranties of America Enclosed: FL Outside WATER Line Terms & Conditions TERMS AND CONDITIONS OF THE OUTSIDE WATER SERVICE LINE PROGRAM ("SERVICE PROGRAM") This Home Service Contract covers the consumer-owned portion of the primary water service line from a public or municipal water system up to the internal point of entry to your single-family home, (including a primary water line which may be buried or embedded in a concrete slab under your ho or repair for the broken or leaking line serving your residential home This Home Service Contract is limited to $4,000 per line repair sidewalk cutting is required to repair the line, an additional a and up to $500 for public sidewalk repair. Determination of how a covered water line is to be serviced, repaired or replaced is entirely within the discretion of SLWA based on its professional judgement. This Home Service Contract covers only the home listed on the cover p. You may not assign or transfer this Home Service Contract to another person or to another home or propert To initiate a service call under this Service Program, you must -922-9006 (assistance is available 24 hours per day, 7 days a week) before any work is performed. All work must be performed by an authorized SLWA contractor. Any ex liability for reimbursement on work performed by a non-SLWA contractor exceed $500. If a permit or line location is required, we will secure proper permitting before work will commence; any repair will conform to applicable plumbing/excavating codes. Please note that our approved contractors must have safe and clear access to, and safe working conditions at and around the work ar This Home Service Contract starts thirty (30) days after the enrollment date noted on the cover pa noted or disclosed, and continues thereafter so long as you make canceled for nonpayment. Your account must be in good, current standing to receive any service or repair under this program. THIS HOME SERVICE CONTRACT EXCLUDES THE FOLLOWING: a)any shared water line that provides service to multiple properties, detached houses, secondary buildings or branch lines including water systems for sprinklers, pools, hot tubs, and/or outdoor systems, whether known or unknown;repair of meters, meter vaults, repair or replacement of curb valves or curb boxes; b)service lines owned by any utility or connected to a commercial facility or a mobile home, or the cost of repairing or replacing a meter(s) that is not being relo replacing your water supply line; c)updating and/or moving lines where the flow of water is not disrupted, in order to meet code, law, or ordinances or to satisfy directives of the water utility company or others; d)damage to a water line that is caused directly or indirectly by you, a third party disasters, acts of God, or by any insurable causes; e)Any damage/cleanup to the inside of the home, including personal property, or tile, dry wall, paint, plaster or wallpaper etc.). Restoration caping services, such as replacing trees, sod or shrubs or repairing pr surfaces, walkways leading to the home, or structures on your pr After a water line is repaired, SLWA will provide basic site restoration service to the affected trenches, mounding (to allow for settling), raking and seeding (weather excluding sod. If slab cutting within the foundation walls is necessary to repair a broken water line, the resulting trench will be filled with gravel and covered with asphalt or cement as appropriate. Debris will be removed from the work area. You have thirty (30) days from the date you enroll in the Servic payment you have made. After 30 days, you may cancel the Service pro rata share of any amount you paid, less 1) any costs paid towards a claim filed on your account and 2) a $6.00 processing fee. SLWA will not pay any refund which is less than $6.00, unless re SLWA may modify the Service Program by giving you thirty (30) da any other reason. If SLWA cancels the program for reasons other reimbursed the pro rata share of any amount you paid for any portion of the Service Prog IMPORTANT: Please retain this document for your records. The cover letter and these Terms and Conditions are the official copy of your Home Service Contract. Service Line Warranties of America is a private brand name owned and operated by UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. 11 Grandview Circle, Suite 100 Canonsburg, PA 15317-9840 Phone: 866-922-9006 Web Site: www.slwofa.com SLWA FL Version 3.0 Outside Water Service Line This Contract has a cover page plus this page Rev 11/12 HOME SERVICE CONTRACT COVER PAGE SANITARYSEWER OUTSIDE LINE PROVIDER: Utility Service Partners Private Label, Inc. d.b.a.: Service Line Warranties Of America 11 Grandview Circle, Suite 100 Canonsburg, PA 15317-9840 Website: www.slwofa.com Phone: 866-922-9006 CONTRACT HOLDER: [Name] Account No.: To be assigned Confirmation No.: To be assigned Dear [Name], Thank you for enrolling in the Service Line Warranties of AmericOutside Line Service Program. This Home Service Contract is for your Outside Sanitary Sewer Line only and is subject to the enclosed TERMS & CONDITIONS. In addition to our enclosed standard Terms & Conditions, the folState Law or negotiated on your behalf by your city. These additions supersede any provisions to the contrary in the Terms and Conditions; Obligations of SLWA under this Home Service Contract are backed and are not guaranteed by a service contract reimbursement insurance policy. CONTRACT OF INSURANCE. You may not assign or transfer this Home Service Contract to ano you decide to move or sell the home for which this Home Service Contract is employed, you have the right to assign this Home Service Contract to the subsequent ret the date the home is sold or transferred, provided, however thate not to exceed $40. Please note, listing period. Certain items and events are not covered by this contract. Pleas the following page of this document. If this Home Service Contract was issued on or after July 1, 2011, not subject to regulation by the Florida Department of Insurance and may terminate the Service Program for nonpayment within thirty (30) days of th If the contract is canceled by SLWA for any reason other than for fraud or misrepresentation, a return of premium shall be based upon 100 percent of unear premium, less any claims paid on your account. This contract begins at noon local time, thirty (30) calendar days after the enrollment date, unless otherwise noted or disclosed, and continues thereafter so long as you make timely payments. per occurrence. Should you need to file a claim, please contact our emergency ho 1-866-922-9006. Representatives are available to take your call 24 hours a day, seven days a week, including holidays. We hope that you never experience an emergency, but if you do, w Thank you again for your business. Sincerely, Service Line Warranties of America Enclosed: FL Outside SANITARY SEWER Line Terms & Conditions TERMS AND CONDITIONS OF THE OUTSIDE SANITARY SEWER LINE PROGRAM ("SERVICE PROGRAM") This Home Service Contract covers the primary sanitary sewer line from the point of entry at your home (including a primary sanitary sewer line which may be buried or embedded in a single-family home) to the point of public or municipal sewer responsibility (typically their to restore flow to the primary sanitary sewer line serving your residential This Home Service Contract is limited to $4,000 per line repair public street or public sidewalk cutting is required to repair the line, an for public street repair and up to $500 for public sidewalk repaDetermination of how a covered sanitary sewer line claim is to be serviced, repaired or replaced is entirely within the discretion of SLWA based on its professional judgment. Please note that this Home Service Contract does not cover repai local regulatory requirements or utility directives for matters unrelated to the ability of the line to maintain an unimpeded flow, such as failed smoke or dye tests, or ground or This Home Service Contract covers only the home listed on the cover page. You may not assign or transfer this Home Service Contract to another person or to another home or propert To initiate a service call under this Service Program, you must 66-922-9006 (assistance is available 24 hours per day, 7 days a week) before any work is performed. All work must be performed by an authorized SLWA contractor. liability for reimbursement on work performed by a non-SLWA contractor exceed $500. If a permit or line location is required, proper permitting will be secured before work will commence; any repair will conform to applicable plumbing/excavating codes. Please note that our approved contractors must have safe and clear access to, and safe working conditions at and around the work area. This Home Service Contract starts thirty (30) days after the enr noted or disclosed, and continues thereafter so long as you make timely p canceled for nonpayment. Your account must be in good, current standing to receive any service or repair under this program. THIS HOME SERVICE CONTRACT EXCLUDES THE FOLLOWING: a)updating and/or moving lines where the flow of sewage is not imp law, or ordinances or to satisfy directives of the sewer utility inflow and infiltration issues (failed smoke or dye tests, ground water infiltration into the line); b)mandated separation of storm and sanitary drain lines; c)any shared sewer line that provides service to multiple properti, detached houses, secondary buildings or branch lines, whether known or unknown; commercial properties, mobile homes, primary sanitary lines that are over 6 inches in diameter, lift or grinder pumps or storm sewer lines; d)damage to a sewer line that is caused directly or indirectly by you, a third party, natural disasters, acts of God, or by any insurable causes; e)Any damage/cleanup to the inside of the home, including personalreplacement of any floor covering or affected area (e.g. carpet, hard wood, marble, ceramic tile, dry wall, paint, plaster or wallpaper etc.). Restoration landscaping services, such as replacing trees, sod or shrubs or repairing private paved and/or concrete surfaces, walkways leading to the home, or structures on your property. After a sewer line is repaired, SLWA will provide basic site restoration service to the affected trenches, mounding (to allow for settling), raking and seeding (weather excluding sod. If slab cutting within the foundation walls is necessary to repair a broken sewer line, the resulting trench will be filled with gravel and covered with concrete. Debris will be removed from the work area. You have thirty (30) days from the date you enroll in the Service Program to cancel and receive a full refund of an payment you have made. After 30 days, you may cancel the Service pro rata share of any amount you paid, less 1) any costs paid towards a claim filed on your account and 2) a $6.00 processing fee. SLWA will not pay any refund which is less than $6.00, unless Pro any other reason. If SLWA cancels the program for reasons other share of any amount you paid for any portion of the Service Program period subject to can IMPORTANT: Please retain this document for your records. The cover letter and these Terms and Conditions are the official copy of your Home Service Contract. Service Line Warranties of America is a private brand name owned and operated by UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. 11 Grandview Circle, Suite 100 Canonsburg, PA 15317-9840 Phone: 866-922-9006 Web Site: www.slwofa.com SLWA FL Version 3.0 Outside Sanitary Sewer Line This Contract has a cover page plus this page Rev 11/12 NEWS RELEASE Utility Line Protection Program Now Available To Residents Contact: Hayley Martin Service Line Warranties of America 724-749-1042 Office 724-579-5890 Cell hmartin@utilitysp.net October 10, 2012 - The City of Greenacres is informing residents about a new, optional program available to homeowners that provides low cost, worry-free warranty protection for sewer lines. The program is provided through the National League of Cities (NLC) and administered by Service Line Warranties of America (SLWA). The NLC Service Line Warranty program offers citizens an affordable way to avoid the unexpected and often large expense involved with a sewer line br When a line breaks, the cost to This new program will offer warranty protection to help cover the costs of a break. Many citizens are unaware that they are responsible for the seweir houses to the point of utility connection. If these lines break or leak, repairs can be very expensive said Samuel J. Ferreri, Greenacres Mayor. to participate in this program for several reasons including that it is offered at no cost to the city and it serves to educate our homeowners on their service line respon saving them money on repairs stated Mayor Samuel J. Ferreri. He continued, SLWA has a perfect Better Business Bureau Rating and only uses local contractors who are familiar with our permitting codes. This program could improve both water conservation and ground pollution, too, because we believe that residents will be more apt to quickly report any issues wit City of Greenacres residents will see offers in their mailboxes soon. The cost for citizens who choose to purchase the warranty protection is $7.25 per month, and will cover sewer line repairs up to $4,000 plus an additional allowance of $4,000 for public street cutting, if needed. The program is offered at no cost to the City of Greenacres, and no public funds are used to promote the program. We are pleased to work with the City of Greenacres to offer homeowners an affordable Service Line Warranty program said Brad Carmichael, Vice President of Business Development for Service Line Warranties of America. We think Greenacres residents will be pleased with our features and benefits, including a 24-hour repair hotline and the use of local, certified technicians. This keeps dollars in the Service Line Warranties of America is the brand used by the Utility Service P of companies. most trusted sources of utility line warranties, serving residentomers since 1996. After a decade in business, SLWA has an A+ rating with the Better Business Bure SLWA is proud to partner with NLC to deliver this program. The National League of Cites is dedicated to helping city leader communities, and serves as a resource and advocate for 19,000 cities, towns an more than 218 million Americans. For questions regarding this news release, please contact Hayley-749-1042 or hmartin@utilitysp.net. To learn more about SLWA please visit www.SLWofA.com. ### MEMORANDUM TO:Mayor and City Commissioners FROM:Scott Aronson, Parking Facilities Manager Victor Majtenyi, Interim Director Environmental Services THROUGH:Douglas E. Smith, Interim City Manager DATE:March 6, 2013 AGENDA ITEM WS.3 - SPECIAL/WORKSHOP MEETING OF MARCH 14, 2013 SUBJECT: VALET PARKING PROGRAM REVIEW ITEM BEFORE COMMISSION The item before the City Commission is to provide direction to staff regarding Valet Parking program improvements. BACKGROUND The valet parking program, preceding my tenure by several years, was started in approximately 1996. My understanding of the history is, after a test with City Limits proved successful, the City Commission, with input from the Parking Committee, established valet queues in five locations (First block of East Atlantic Avenue between Swinton and 1st Avenues; the 200 block of East Atlantic Avenue; NE 2nd Avenue +/-150 feet north of Atlantic Avenue in front of the Ocean City Lumber Property; North side of the 400 block of East Atlantic Avenue; and East Atlantic Avenue at SR A1A in front of the Sarah Gleason facilities). The City solicited bids for a parking company to operate valet queues in the downtown area. Due to inconsistencies in the responses, the bid was thrown out. Valet Parking License Agreements were awarded to nearby restaurants, resulting in the program as it functions today. The program was well crafted as licenses are between the restaurants and the City based on the portability of valet companies. The licensee was responsible for securing private parking lots, off hours from the evening use when needed by the valet to store cars, and for hiring valet operators to manage the queues. Comprehensive insurance policy requirements providing general liability, garage keepers legal liability and workers compensation are also required and must name the licensee, City and parking lot owner as additional insured. The greatest successes of the program is the increase in usable parking as the private lots leased by licensees were lying dormant. The valets' use of these lots also resulted in a reduction in vehicles being towed from private property as property owners no longer towed illegally parked vehicles to prevent frivolous lawsuits from slip and falls. Shortly after my arrival in 2001, Sopra Restaurant, located at 110 East Atlantic Avenue, was the first request for a valet queue I processed. It was clear from the Parking Management Advisory Board and City Commission that additional queues on East Atlantic Avenue would not be supported given the occasional traffic tie-ups resulting from the valet operations; the fact that queues were established on the preceding and succeeding blocks; and the desire to maintain a portion of "prime" parking spaces along the avenue for visitors. The Parking and Transportation Study, completed by Kimley Horn in 2010, briefly addressed the valet program noting several deficiencies, including but not limited to reevaluating valet queue locations, creating uniformity among queues, improving public access and awareness, and exploring other program options. The final recommendation from the consultant was to embark on an exclusive Valet Parking study, estimated at +/- $18,000. Upon completion of the study, staff presented options for amending the program, which included advertising an RFQ or RFP to obtain an single company to operate the valet queues under several scenarios including operating the valet program in-house to better control signage, valet stands, pricing, etc. At both the PMAB and City Commission meetings current licensees spoke convincing the board members and Commissioners that the program was operating well. Subsequently,staff brought forward several modifications to the agreements specifying signage lettering, uniform standards, and capped prices at $10, allowing an additional $5.00 fee for patrons parking in excess of 4 hours. For perspective, the 100 block of East Atlantic Avenue has approximately 13,000 square feet of restaurant, (Salt 7, Park Tavern, and Prime Steakhouse). Applying the requisite 12 spaces per 1,000 sq. ft. of total floor area, a total of 156 parking spaces would be required for this block alone. Within that same area, there are four valet queues, comprised of a total of 19 valet queue spaces, (32 East - 8 spaces, Prime Steakhouse - 2 spaces, Tramonti - 3 spaces, and 75 Main - 6 spaces). Leased parking spaces for these queues totals 184, per information provided with the agreements (70 at Library Lot, 40 at Federspiel Garage, 20 east/west alley adjacent to the south side OSS Park, and 54 spaces behind 55 SE 2nd Avenue, respectively). Additionally, there are 9,789 square feet of sidewalk cafes in this area. While sidewalk cafes do not require parking, an additional demand of 118 spaces is realized. Recognizing the income potential, several property owners within the core area have started charging a $5 fee for parking in their lots during weekends and evenings. While staff understands the desire to maintain inexpensive parking to attract visitors, the $10 price cap imposed on valet parking has diluted the value of the amenity creating a disproportionate number of cars to spaces available. Once free on- street and surface lot parking is no longer available, visitors' options are limited to paying $5 with a short walk to their destination, or paying the $10 valet fee which, in addition to providing convenience to their destination, places their cars under the protection of the valet. While there has always been a divide among drivers appreciating valet parking and those refusing to valet park when avoidable, the congestion now experienced in our downtown core area, especially in season, has narrowed that divide and is overburdening the valet queues with their limited supply of parking spaces. Alternatives and solutions will be discussed subsequent to a brief power point presentation at the meeting (a copy of the presentation will be provided prior to the meeting, along with additional information on the valet parking topic). RECOMMENDATION Staff is seeking City Commissions direction. MEMORANDUM TO:Mayor and City Commissioners FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Victor Majtenyi, Interin Environmental Services Director THROUGH:Douglas E. Smith, Interim City Manager DATE:March 7, 2013 AGENDA ITEM WS.4 - SPECIAL/WORKSHOP MEETING OF MARCH 14, 2013 SUBJECT: DISCUSSION REGARDING THE CONCEPTUAL DESIGN OF N.E. 3RD AVENUE ITEM BEFORE COMMISSION rd The item before the Commission is a discussion regarding the Conceptual Design of N.E. 3Avenue. BACKGROUND Staff will review the proposed conceptual design for N.E. 3rd Avenue from N.E. 3rd Street to N.E. 4th Street; N.E. 3rd Street from the FEC RR Tracks to just short of Pineapple Grove Way; and the alley known as "Artists Alley". MEMORANDUM TO:Mayor and City Commissioners FROM:Scott Aronson, Parking Facilities Manager Victor Majteyni, Interim Director of Environmental Services THROUGH:Douglas E. Smith, Interim City Manager DATE:March 7, 2013 AGENDA ITEM WS.5 - SPECIAL/WORKSHOP MEETING OF MARCH 14, 2013 SUBJECT: DISCUSSION REGARDING MULTI-SPACE PARKING METERS FOR THE OLD SCHOOL SQUARE GARAGE ITEM BEFORE COMMISSION The item before the City Commission is to provide direction to staff to move forward with the purchase and installation of Digital Payment Technologies multi-space parking meters in the Old School Square Garage for weekend collection. BACKGROUND In 2009, in an effort to defray costs of the operation and maintenance of the Federspiel and Old School Square parking garages, a $5.00 flat fee was established for parking in the garages on Thursday, Friday and Saturday evenings after 5:00 PM. Given the economic challenges presented, a low budget system of attendants collecting fees and issuing sequentially numbered tickets to customers as they entered was initiated. Given the success of the program and in consideration of the parking study, staff is recommending automation of the system. While the parking study recommended a gated entry/exit, ticket dispensing system, staff has concerns over the $1.2 million estimated cost and the creation of choke points at entrances and exits of the garages causing back-up of traffic in and around the facilities. Therefore, staff recommends the installation of pay stations, strategically placed throughout the facility. Digital Payment Technologies', (DPT) multi-space parking meters have been used in the beach parking lots since 2008. The meters are capable of being configured for Pay-by-Space, where patrons type the space number they are parked at or our current Pay & Display system, where patrons are required to place a receipt on the dashboard of the vehicle while parked. DPT has recently launched License Plate Recognition technology, where patrons enter their license plate numbers in the machine to identify paid from unpaid vehicles. Staff is working with DPT to advance the technology to maintain License Plate data-bases to use in the management of employee parking programs, where employee license plate numbers would be stored in the system memory, only allowing access in predetermined areas. The proposed installation provides one (1) pay station at each elevator landing at a cost of $104,774.00 (per quote by Harrington Resources, Inc., as official distributor of DPT). The Community Redevelopment Agency, at its January 24, 2013 meeting, approved funding a majority of the estimated cost, up to $75,000 which remains from the Parking Study line item in its budget. Benefits to the pay stations are: “Familiarity with equipment for repairs and maintenance “Cost efficiency in maintaining one set of parts “Familiarity for customers “Credit card and paper currency acceptance providing customer convenience “Text messaging, or other communication to customers (prior to expiration) with the convenience to extend time when paid by credit card. “Pay-by-phone is another option, although customer convenience fees may apply It is noted, Staff met with an agent from Core Slab, the manufacturer of the pre-stressed structural components of the facility and have received approval for installing the meters with no damage to the structure. FUNDING SOURCE The CRA will provide $75,000 with the remaining $29,744 paid from the In-Lieu of Parking Fund. RECOMMENDATION Staff seeks direction form the City Commission to move forward with the installation of Digital Payment Technologies Multi-Space meters, in the OSS Garage, as noted in the preceding staff report. Harrington Resources, Inc. / Parker Systems Quote 12938 MALLORY CIR. #102 DateQuote # ORLANDO, FL 32828 01/23/20132013-1007 (407)482-8006 lynda@parkersystemsplace.com Exp. Date http://parkersystemsplace.com Address Scott Aronson City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 ActivityQuantityRateAmount • Luke II-502A (38 Key, 120 V AC, Card, Bill, Printer)1012,807.00128,070.00 • Communication Option: GPRS/GSM (Includes modem and kit)10890.008,900.00 • Match Service Key - Maintenance10.000.00 • Bill Stacker - 1000 Note, with lock *****SPARES******10485.004,850.00 • DISCOUNT ON EQUIPMENT - 30%-142,546.00-42,546.00 • Misc -Installation, Set up and testing10300.003,000.00 SubTotal$102,274.00 Shipping$2,500.00 Total$104,774.00 Accepted ByAccepted Date