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Agenda Workshop 10-09-01 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA WORKSHOP - TUESDAY, OCTOBER 9, 2001 6:00 P.M. FIRST FLOOR CONFERENCE ROOM DELRAY BEACH 1993 2001 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enloy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 ODD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive hstening devices are available for meetings in the Commission Chambers. Workshop Agenda 1. City Attorney's Charter Rev/sion Report. 2. Discussion regarding NE 4th Street Project (NE 2~d Avenue to Federal Highway). 3. Stormwater Master Plan Update. 4. Tennis Stadium Naming Report. 5. Elder Ready Program. 6. Commission Comments. Please be advised that if a person decides to appeal any decision made by the City Commission w/th respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testtmony and evidence upon which the appeal is based. The City neither provides nor prepares such record. [ITY OF DELRI:IY BErI[H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: October 5, 2001 MEMORANDUM TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Charter Proposals- Workshop October 9, 2001 The City Commission previously suggested that after a period of study, the Charter proposals should be brought forward for further discussion at the October 9, 2001 workshop. Before drafting ordinances and ballot language, it would be helpful to get direction on the following issues: 1. Extraordinary Vacancies. The only substantive change of import is the committee's suggestion to have the Governor appoint commissioners if a majority of the commissioners are unable to serve with an election to be held within 90 days of appointment. a. Suggestion: The Charter currently permits remaining commissioners, no matter how many exist, to fill vacant commission seats. For example, if four commissioners died, the one remaining commissioner may appoint the four new commissioners to fill the vacancies (3.06(c)). Therefore, I would suggest that the Governor be allowed to appoint commissioners only if all commission seats become vacant. 2. Votes Necessary to Remove City Manaqer. Direction is needed whether to amend the Charter to provide that 3 votes, not 4 votes as is currently requested, are needed to remove the Manager. City Commission October 5, 2001 Page 2 Year. Exclusion from Being Elected or Appointed to Office for One There is an issue as to whether the current language which prohibits being appointed or running for office for one year should be clarified. Currently, the language states "An individual who has served six consecutive years of elected service shall not be appointed or elected to any commission or mayoral seat for a period of one year from the date on which his or her last term expired". Terms expire the last Thursday in March. The literal reading of the language appears to prohibit a person from running for election at the next election although that may not have been the intent. Also, "a year" presents a problem with fluctuating dates of assumption of office. To remedy the situation, if the Commission desires to permit someone to run for election at the next regular election, the following language is suggested: "A person who has served the maximum amount of consecutive time allowed by this Charter as a Commissioner or as Mayor must remain out of office until the last Thursday in March of the year following the expiration of his or her term of office." If the Commission decides that the intent is to prohibit appointment or election until after the next election, the following language is suggested: "A person who has served the maximum amount of consecutive time allowed by this Charter as Commissioner or as Mayor may not serve in either capacity for the succeeding term." 4. Term Limits. The current language, the language recommended by the committee and the language contained in the "readability enhanced" version, needs to be clarified to determine the intent of the Committee and the Commission as to whether partial terms or unexpired terms served as a result of an appointment or election to a partial term, is meant to include all partial terms served including when a commissioner resigns mid term to run for Mayor. If the Commission decides that a partial term served in this manner should not count towards term limits, the following language is suggested: City Commission October 5, 2001 Page 3 a. "The individual Commissioners and Mayor shall be prohibited from holding office for more than six (6) consecutive years. However, if a term limit is reached durinq an elected term, the Mayor or Commissioner so affected may nevertheless complete the entire term to which they were elected. The term "holding office" shall be defined as serving as Commissioner or Mayor If the Commission adopts the above language or otherwise makes clear that all partial terms served, no matter what the cause, are exempt from term limits, the Charter changes recommended by the committee, which provides for an election to fill an anticipated vacancy in the office of Mayor, is not needed. However, if the Commission does not want to exempt partial terms that may be served in order to run for Mayor, then the "anticipated vacancy" language should remain. 5. Vacancy in the Office of Mayor. Currently, if there is a vacancy in the office of Mayor, the Vice-Mayor succeeds to the office of Mayor and the vacancy on the commission is filled with a person who serves out the unexpired portion of the Mayor's term of office no matter when the vacancy occurs in the office of Mayor. The committee (besides recommending that an election should be held when term limits are reached by the Mayor mid term) recommends that the Commissioner appointed to fill a vacancy on the Commission be appointed only until the next election instead of serving out the Mayor's term, as currently provided. This revision is helpful because it accommodates the vice-mayor's return to his or her seat if any part of his or her term remains after a mayor is elected. Another issue, however, has been raised which concerns the following scenario: Suppose a mayor's term is ending but he or she qualifies to run for another term but dies or decides to resign, for example, 59 days or less prior to an election, which makes it too late for someone else to qualify for the seat unless they had previously qualified before the death or resignation of the mayor. City Commission October 5, 2001 Page 4 In that instance, it has been suggested that instead of either the person who previously qualified for office taking office because of no opposition, or if no one qualified, the vice-mayor, succeeding to the office, that a special election should be held for the purpose of electing the Mayor. The suggestion is that the vote on the Mayor's seat would not occur at the regular election but the vote would be postponed until a special election to fill the mayor's seat is held. The special election would be held 90 days from the date of the regular election. Anyone who previously qualified for the mayor's seat would remain qualified for the special election and new candidates could also qualify. The dates for qualifying would be established by ordinance. Direction is needed on this proposal. 6. Effective Date. Direction is needed on the effective date of any of these Charter changes. All the other issues previously decided will be incorporated in the formal ordinance language. I am providing you another copy of the revision dated 9/6/01, which will be modified to reflect your direction. Please call me if you need clarification or if you have any questions. SAR:sm~--~.~ cc: David T. Harden, City Manager Barbara Garito, City Clerk Celeste McDonough, Board Secretary Members, Charter Review Committee PUBLIC NOTICE DELRAY BEACH CITY CHARTER THE PUBLIC IS INVITED TO ATTEND A MEETING OF THE CHARTER REVIEW COMMITTEE TO DISCUSS THE CHARTER REVISION PROPOSALS SET FORTH BELOW. THE MEETING IS SCHEDULED FOR THURSDAY, AUGUST 23, 2001 AT 6:00 P.M. IN THE CITY COMMISSION CHAMBERS, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA. PROPOSALS TO CHANGE THE CITY OF DELRAY BEACH CHARTER Term Limits Currently there is a six year term limit and partial terms served as a result of an appointment do not count towards the term limit. The proposal is to either (a) eliminate term limits or (b) keep term limits but provide that partial terms served as a result of an election also do not count towards term limits. The purpose of this proposal is to reduce the number of vacancies that may occur in the middle of an elected term Vacancy in Office of Mayor Currently the Vice Mayor succeeds to fill a vacancy in the office of Mayor in all circumstances. This proposal provides that an election will instead be held to fill an anticipated vacancy in the office of Mayor that results because the sixth year of elected office is reached before the Mayor's ra, o year term expires. Votes Necessary to Remove Cit'v Manager Currently four votes are required to remove the City Manager. removal upon three affirmative votes. The proposal is to permit Extraordinary Vacancies Currently the charter provides that the temporary appointed commission must call for an election m 45 days of their appointment by the Governor, but the current charter sets no time limit on when to hold an election. The proposal provides that in the event a majority of the Commissioners are unable to serve, an election will actually be held within 90 days of the appointment of the temporary Commissioners by the Governor. Power to Appoint Currently a City Commissioner may not be emplo3 cd by the City w~thJn the first year after elected service unless it is ratified by the City Commission. The proposal is to eliminate the power of the City Commission to ratify the employment of a City Commissioner within the first year after serving on the Commission. Initiative Process Currently, the Referendum Petition Election process applies to the reconsideration of existing ordinances, but the process must commence within 60 days of passage of the ordinance to be reconsidered. The proposal provides that in an Initiative Petition election, that not only may a new ordinance be proposed, but an ordinance repealing existing ordinances may also be proposed, and there is no 60 day limitation on starting the process. Readability Improving "readability" by simphfsnng the language, ehminatmg obsolete terms and articles, providing for maps of City boundames and Planning areas, and by reorganizing. Section 1.01 1.02 1.03 CHARTER TABLE OF CONTENTS DELRAY BEACH, FLORIDA ARTICLE I - CREATION AND POWERS Establishment and Continuation of the City of Dekay Beach Powers Construction Charter Rcvts]on 9/6/01 2.01 2.02 2.03 ARTICLE II - CORPORATE LIMITS Corporate Limits Boundaries and Territory of Greater Delray Beach Area Voluntary Annexation of Territory by Ordinance ARTICLE III - LEGISLATIVE 3;01 3,02 3.04 .._adcr, . .......; ....... ~,~ ........ ;~,, Proce~'ar, 3.01 3 02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 314 Form of Government City Commission: Composition, Eh.gibihty, Election, and Terms Qualifications of Candidates; Election Assumption of Office Oath of Office Mayor, Vice-Mayor, and Deputy Vice-Mayor Cessation of Quahfications Durina Tenure; Forfeiture of Office Vacancies; Fillin~ of Vacancies Term Limits Compensation and Expenses Prohibitions Procedure Commission Investi e;ations Plannine and Zonina Board and Board of Adiustment · Char~er Revision 9/6/01 3.15 Alienation of Public Beaches 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 ARTICLE IV - ADMINISTRATIVE-EXECUTIVE City Manager Appointment; Removal; Compensation Acting City Manager Powers and Duties of the City Manager Budget Procedure Supervision of Departments Legal Counsel Legal Counsel Appointment, Removal and Compensation Duties of Legal Counsel DELRAY BEACH - CHARTER TABLE OF CONTENTS 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 ARTICLE V - ELECTIONS Electors Types of Elections Form of Ballots Elections Generally Returns of Elections Judge of Election and Qualification Special Elections Straw Vote Electrons Recall 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 ARTICLE VI - INITIATIVE, REFERENDUM Initiative Referendum Commencement of Proceedings Form of Petitions Procedure for Filing Referendum Petitions; Suspension of Effect of Ordinance Action on Petitions Result of Election 7.01 7.02 7.03 ARTICLE VII - TRANSITION SCHEDULE Continuation of Former Charter Provisions Ordinances Preserved Rights of Officers and Employees Charter Revision 9/6/01 7.04 7.05 7.0fi Pending Matters Obligation of Contracts Preserved Deletion of Obsolete Schedule Items DELRAY BEACH CHARTER Editor's Note: This Charter has been amended to reflect and change the name designation of the legislative body from City Council to City Commissmn and of City Council Members to City Commissioners, pursuant to Ordinance No. 56-88, passed 6,/28/88. ARTICLE I. CREATION AND POWERS Section 1.01. ESTABLISltMENT ANI) CONTI.NTJTATION OF THE CITY OF DELRAY BEACH. The City of Delray Beach, established and orgamzed by Chapter 25786, Laws of Florida, Special Acts of 1949, as amended, shall continue as a Florida municipal corporation. (Ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76) Section 1.02. POWERS The City of Delray Beach shall have all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. (Ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76) Section 1.03. CONSTRUCTION. The powers of the City shall be construed liberally in favor of the C~ty., ,,,,,,.,~;--;'~'~ ,,,~j^~" ~'"~ l:mitaticn; contained bcre;n. Special Acts of the Florida Legislature pe~aming to the jurisdiction and exercise of powers by this Caty shall be considered ~mendments to th~s cha~er and, pur:uant .................. nto, shall be inco~orated as of~cia] amendments to the cheer. (Ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76) ARTICLE II. CORPORATE LIMITS Section 2.01. CORPORATE LIMITS. The boundaries and corporate limits of the City of Delray Beach now existing are continued and may be amended from time to time as provided by law. The boundaries and corporate hmns shah be shown on a map to be located in the Planning and Zomng Department (Ord. No 4-76, passed 2/23/76; Approved at Referendum 2/2/76) Charter Rcv~mon 9/6/01 Section 2.02.~v._,..~. u~. ,.. ~rxT r~rr~, oTrc A n~r~.~ 'rrooT-r~oxz.~.... u.._..., r~rv. c.o~-v.~. A. ~-ro. ~.- DELRAY BEACH PLANNING th .... in lud d C y of ~5 ' pl ~, .... ~ ...... c .~ .... ~, ~c ~mnexat:cn przvidcd ~v la'-' ~e ~ine area. as shown in the Comprehensive PI~. shall be sho~ on a map located in the Pl~in~ and Zomng Depanment. Those ponions of the pla~in¢ area not now a p~ of the co,orate boundaries may be included by ~exation as provided by law. (Ord. No. 4-76, passed 2/23/76; Approved at Referendm 2/2/76) *Editor's Note: Ordinance No. 54-86, passed on 9/9/86 and approved by the voters at a referendum election held 11/4/86, provides for the passage of the "Delray Beach Enclave Act (Chapter 86- 427, Laws of Flor/da), "definitions of enclave and of the general boundaries of the city, and annexation of said enclaves w~thin the boundaries of the City as same existed on February 28, 1986. Section 2.03. VOLUNTARY ANSNrEXATION OF TERRITORY BY ORDINANCE Delta5 Beach~ ....... , ...... ~ w:th *~ ......; .....,~ ~A ............ ~ ~" G~n~-~ or c_~;~ ~ .......... ;~A ~ ......... that ...... prcpcoed to be ...... ,'~'~ r~... ........... * ;- ~' .... ~ ..... * ....... Vol rio h Il i t,~ ...... untary annexa n s a occur n accordance with state law. Any s'acE annexing ordinance shall state that the boundaries of the City of Delray Beach are redefined so as to include the tract or tracts of land so being annexed. *Editor's Note: See F.S. Section 171.044 4 Charter Revtslon 9/6/0! ARTICLE III. LEGISLATIVE a. .............. a ......................... ,~ ........ po;;'err of the :t) ;'c:ted Charier Revision 9/6/01 DUPdNC TE.~,wJP, E: OATH OFFICE, ~, ........... nor on cf Il n'~;'~ i d *"' in= ........ ~ ..............'"hie~ are herein required ..... ho ~.~u b ........ *='~ of ~ r~ .... r~.t~;,..~h~, orris= and it .1~11 b~ the ............................ .~, .;ha!! ~ ........... ..................... ~, ............... ~, ............... 2/2/ 1 1 Charier Revision 9/6/01 ~-;"~" xT_..:_e, _. _ .... _: ... r.___:..:................._. ...'- *~'-... :;,=?. a ;'.'.cancy occurs ir. +h-... membership of ..................... an)' reason ;;'hatscc;'er .......... mn a vacancy,,,;- ,k~,,,,. ,.,,,,,.,.^rc~ ,.,,~r ,~,,,,. Mayor, ~, Charter Revision 9/6/0! De ...... Vice Mayor .......~ ~ '~ the .... Charter Revision 9/6/01 Sccfic, n 3.9?. PROCEDL~3E. Vofizg Voting, "n o ........... , ,..0l ....... ................. carnal ~; ..... a - · ....... ~-rmer and - , . ............ , Approved., Referendum ~n/?6) Charier Revision 9/6/01 ARTICLE III. LEGISLATIVE Section 3.01. FORM OF GOVERNMENT The City of Delray Beach shall operate under the City Commission-City Manager form of government. All legislative powers of the City shall be vested in the City Commission. Section 3.02. CITY COMMISSION: COMPOSITION. ELIGIBILITY. ELECTION. AND TERMS (a) 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 two (2) years in the manner provided in this Charter. (b) Two (2) Commissioners shall be elected in even-numbered years, and two (2) Commissioners shall be elected in odd-numbered years. The Mayor may be elected in an even or odd-numbered year. (c) The Mayor shall be elected for a two-year term, whether by regular election or elecUon to fill a vacancy in the office of Mayor. (d) In the event of vacancies, successors shall be appointed or elected in the manner provided in this Charter. Section 3.03. QUALIFICATIONS OF CANI)IDATES: FLECTION (a) No person may quahfy as a candidate both for Mayor and for another Commissmner's seat. The quahfications, time, manner, and costs of qualifying as a candidate for Mayor or Commissioner shall be regulated bv Chapter 34 of the Code of Or&nances of the City. (b) All candidate petitions shall be filed with the City Clerk no earlier than noon on the last Tuesday in January and no later than noon on the second Tuesday in February of the calendar year ~n which the elect~on will be held. (c) The City Clerk shall deliver the names of all candidates and the offices for which they have filed, to the Supervisor of Elections no later than 5'00 p.m. on the first Friday after the close of quahfymg. 10 Char~er Revision 9/6/01 Section 3.04. ASStrMPTION OF OFFICE (a) The successful candidates for Mayor and Commissioners shall assume office on the last Thursday in March follow, ina their election The Commission shall hold an oreanizat~onal meeting immediately thereafter, and shall select from the Commissioners other than the Mayor, a Vice-Mayor and a Deputy Vice-Mayor. These two officials shall serve in their respective capacities at the pleasure of the Commission until the organizational meeting of the followina year. (b) A person appointed to fill a vacancy shall assume office at the first regular meetine of the Commission after being so appointed. Section 3.05. OATH OF OFFICE Before assuming their respective offices, the Mayor and Commissioners shall each take and subscribe 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 Detrav Beach, and that I will well and faithfully perform the duties of {Mayor} {Comm~ssioner} of the City.. upon which I am about to enter. (So help me God.)" Section 3.06. MAYOR. VICE-MAYOR. ANI) DEPUTY VICE-MAYOR (a) The Mayor shah preside at meetines of the Commission and represent the City in intergovernmental relationships. The Mayor shall be recognized as the head of the C~ty government for all ceremonial purposes, servme of process and by the Governor for purposes of military law. The Mayor shall execute contracts, deeds, intere, overnmental a~eements and cerufications, and other documents on behalf of the C~ . but shall have no administrative duties except a.s reqmred to carry out the foregom~ respons~bflmes. (b) In the absence or disability of the Mayor, the Vice-Mayor shall serve as Mayor, possess~n~ all the powers, duties, and prerogatives of the Mayor. (c) While the Vice-Mayor is servin.~ as Mayor, or in the absence or disability of the Vine-Mayor. or should the Vice-Mayor refuse to perform the duties imposed by law, the Deputy Vine-Mayor shah have all the powers, duties, and prerogatives of the Vice-Mayor. (d) The Mayor, Vice-Mayor, and Deputy Vice-Mayor shall each have a voice and a vote in the proceedme~ of the Commission, but no veto power. 11 Charter Revision 9/6/01 Section 3.07. CESSATION OF QUALIFICATIONS DURING TENI_rRE~ FORFEITURE OF OFFICE (a) Any Commissioner. including the Mayor. shall forfeit the office if thru Commissioner or Mayor (1) (2) Ceases to possess the required qualifications; or Shall be convicted of a felony; or Violates any standard of conduct or code of ethics established by law for public officials, as determined by a majontv vote of the remaining Commissioners and/or Mayor; or (4) Fails to attend four (4) consecutive regular Commission meetings, unless excused for good cause by a maionty vote of the remaining Commissioners and/or Mayor. (b) It shall be the duty of the remaining Commissioners to declare the office vacant as a result of forfeiture and to fill the vacancy as provided in this Charter. Section 3.08. VACANCIES: FILLING OF VACANCIES The office of a Commissioner, including the Mayor, shall become vacant upon the incumbent's death, resignation, forfeiture, or removal from office m any manner authorized by law. Any vacancy in the membership of the Commission, other than at the close of a regular term, shall be filled according to the followine procedure. (a) Vacancy in Office of Commissioner. In the event of a vacancy other than in the office of the Mayor, the remaining Commissioners, including the Mayor, shall appoint, by a malonty vote, a quahfied person to fill the vacancy. (1) If the term of office in which the vacancy occurs expires on the last Thursday in March followin~ the next regular City election, the person so appointed shall serve until that time (2) If the vacancy occurs sixty (601 .'~r more days preceding the date of the next regular C~ty election, and if the term of office in which the vacancy occurs does not expire on the last Thursday in March following that election, the person so appointed shall serve until that time and the remainder of the unexpired term shall be filled by election at the next reeular City election in the manner provided in Artmle V of this Charter. (3) If the vacancy occurs less than sixty (60) days preceding the date of the next regular City election, and if the term of office in which the vacancy occurs does not expire on the last Thursday m March following that election, the person so appointed shall serve for the entire remainder of the unexpired term. (4) If a majority of the remaining Commissioners, including the Mayor, is unable to ae:ree, after two (2) reeular meetings, upon the appointmenl of an individual to fill a 12 Char~er Revision 9/6/01 vacancy, other than one in the office of the Mayor, the commission shall call a special election to fill the vacancy. The special election shall be held within sixty (60) calendar days of the second reeular meetine~. (b) Vacancy in Office of Mayor. (1) When there will be a vacancy in the office of Mayor because term limits are reached during an elected term, even though the vacancy will not actually occur until the last Thursday m March after the next election, the Mayor's seat will be filled by electron held in March prior to the vacancy actually occurring. The person elected to fill the Mayor's seat shall assume office on the last Thursday in March after the election. (2) If the office of Mayor becomes vacant for any reason other than a vacancy occurring in the office of Mayor because of term limits, the Vice-Mayor shall automatically succeed to the office of Mayor and shall serve as Mayor until the last Thursday in March following the next regular City elect~on. Thereafter. the Commissioner so servint as Mayor by successmn shall return to his or her former seat and complete the remainder of his or her Commission term ~f any part of such term remains unexpired. (3) The succession to the office of Mayor bv the Vice-Mayor shall create vacancy in the Commission which shall be filled in the manner set forth in Section 3.08(a), except the Commissioner appointed to fill the vacancy created on the Commission as a result of the filhng of a vacancy m the office of Mayor noVafithstandin~ Section 3.08(a). in all cases no matter how many days remain before the next election, shall serve only until the last Thursday in March follow~n~ the next City election. (4) If the Vice-Mayor refuses to succeed to the office of Mayor, then the Deputy Vice-Mayor shall succeed to the office of Mayor. If the Deputy Vice-Mayor refuses to succeed to the office of Mayor. the Commission shall then select a Mayor from the remmnine Commissioners. If the Commission is unable to select a Mayor by the end of the second regular meetin_o after the vacancy then a specm] election shall be held for the election of the Mayor (5) In the event a vacancy shall occ.'~ in the office of Vice-Mayor. the Deputy Vine-Mayor shall automatically become Vice-Mayor ,~nd 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. (c) Extraordinary Vacancies. In the event that vacancies occur in a maiority of the elective offices at once. the Governor shall appoint interim Commissioners, including a Mayor, if necessary, w~th full Commissmn powers. The interim Commission shall then call a special electron, as provided under th~s Charter, to ill] the appointed offices. The special election shall occur not more than ninety (90) days after appointment of the ~ntenm Commissioners and/or Mayor 13 Charter Revision 9/6/0 Section 3.09. TERM LIMITS (a) Individual Commissioners, including the Mayor, shall be hm~ted to serving on the Commissmn for no more than six (6) consecunve vears The term "consecutive years" shall exclude any nme filling an unexpired term by appointment or election. (b) An individual who has reached the term limit shall not be appointed or elected to any Commission seat for a period of one (1) year from the date on which his or her last term expired. Section 3.10 COMPENSATION AND EXPENSES (a) The Commission may determine the annual salaries of the Mayor and individual commissioners by ordinance. No ordinance increasing Commission salaries shall become effective until the assumption of office of the Commissioners or Mayor elected at the next regular C~ty election, provided that electron follows adoptmn of the ordinance by at least six (6) months. (b) Commissioners, including the Mayor. shall receive their actual and necessary expenses incurred in the performance of their duties as provided by law. Section 3.11. PROHIBITIONS (a) Neither the Commission. nor any of its members, shall in any manner control the appointment or removal of any City officers or employees whom the City Manaeer or any ofh~s or her subordinates are empowered to appoint The Commission or any of its members max,'. however, express v~ews and fully and freely &scuss with the City Manager an,vthine pertaimno, q to the appointment and removal of these officers and employees. (b) Except for the purpose of inquiries and investigations, the Commission and its members shall deal with City officers and employees who are subject to the direction and supervismn of the C~tv Manater. solely through the City Manager. Neither the Commission nor its members shall give orders to any of those officers or employees, either publicly or privately. The foregom~ does not prohibit individual memo 'rs of the Commission from closely scrutmizine;, by questions and personal observations, any aspect of City government operations ~n order to obtain informanon to assist in formulation of commission policies Recommendations for improvement in City government operations shall, however, be made to and through the City Manager. so that he or she may coordinate the efforts of all City departments. (c) No former member of the Commission shall, within the City, hold any compensated appointive C~ty office or employment with the City until one (1) year after the expiration of the term for which he or she was elected or appointed. 14 Char~er Revision 9/6/01 Section 3.12. PROCEDURE (a) Meetines. The Commission shall meet re~larly at least twice a month at times and places that the Commission prescribes by rule or otherwise. Special meetinas may be held on the call of the Mayor or of a majority of the Comm~ssmn. Whenever practicable, there shall be at least twelve (12) hours notice of a special meeting to individual members of the Comm~ssmn and to the public. (b) Rules. The Commission shall determine its own rules and order of business. (c) Voting. Voting on ordinances, resolutions, and motions shall be by roll call and shall be recorded in the minutes. Three (3) members of the Commission shall constitute a quorum, but a smaller number may adjourn from t~me to time and may compel the attendance of absent members m the manner and subject to the penalties prescribed by the rules of the Commission. No action of the Commission, except as otherwise provided in the precedina sentence or in Sections 3.07 and 3.08, shall be vahd and binding unless adopted by the affirmative vote of three (3) Commissioners. Section 3.13. COMMISSION INVESTIGATIONS Upon direction from the Commission, the City Clerk shall have the power to issue any writs, processes, and subpoenas needed to facilitate anN' investigation convened by the Commissmn for a municipal purpose. Section 3.14 PLA1NrNrING ANI) ZONING BOARD'A.Nrl) BOARD OF ADJUSTMENT. (a) The Commission shall, in the interest of the public health, safety, order, convemence and general welfare, create by ordinance a Planning and Zoning Board to make recommendations to the Commission. (b) The Commission shall create a Board of Adjustment whose decisions may be appealed pursuant to general law. (Oral No. 4-76. passed 2/23/76. Approved at Referendum 2/2/76) Section 3.15. ALIENATION OF PUBLIC BEACHES. The Commission shall not in any manner alienate from the public, the public beach, lying between the north and south boundaries of Section 16, Township 46 South, Range 43 East, or any part thereof, of the C~ty of Delray Beach, Florida. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) 15 Charter Rev~smn 9/6/01 ARTICLE IV. ADMINISTRATIVE-EXECUTIVE Section 4.01. CITY MANAGER. There shall be a City Manager who shall be the chief administrative officer of the City. He;She shall be responsible to the Commission for the administration of all City affairs placed in his/her charge by or under this charter and such other duties as may be reqmred by the Commission. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 4.02. APPOINTMENT; REMOVAL; COMPENSATION. (a) Appointment. The Commission shall appoint a City Manager for an indefinite term by majority vote of the Commission to serve at the pleasure of the Commission. (b) Removal. The City Manager shall only be terminated by the City Commission upon the casting of/-o~r-64) t~.ee (.3) affirmative votes 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 m advance of the meeting at which the vote takes place. (c) Replacement. Upon the death, resignation 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. (d) Compensation. The compensation of the Manager shall be fixed by the Commission and shall not be reduced during this appointment. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76, Am. Ord. No. 8-83, passed 1/25/83, Approved at Referendum 3/1/83; Am. Ord. No 37-90, passed 8/28/90, Approved at Referendum 11 /6/90)' Section 4.03. ACTING CITY MANAGER. By letter filed with the Conunission, the Manager shall designate, subject to approval of ire Commission, a qualified C~ty administrative officer to exercise the powers and perform the duties of Manager dunng his/her temporary absence or disability. During such absence or &sabihty, the Commission may revoke such designam n at any time and appoint another officer of the City to serve until the Manager shall return or h~s/her disability shall cease. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 4.04. POWERS AND DUTIES OF TI-IE CITY MANAGER. The City Manager shall have the following powers and duties: (a) Appoint and, when he/she deems it necessary for the good of the City, suspend or remove all City employees and appointive administrative officers provided for by or under this charier, except as otherwise provided by law, this charier or personnel rules adopted pursuant to this charter. All appmntments and promotions of City officials and employees shall be made solely on the bas~s of merit and fitness demonstrated by examination or other evidence of competence He/She may authorize any administrative officer who is subject to his/her direction 16 Charter Revmon 9/6/01 and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by tkis charter or by law. (c) Attend all Commission meetings and shall have the right to take part in discussion but may not vote. (d) See that all laws, provisions of this charter and acts of the Commission, subject to enforcement by him/her or by officers subject to his/her direction and supervision, are faithfully executed. (e) Submit to the Commission and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. (f) Make such other reports as the Commission may require concerning the operations of City departments, offices and agencies subject to his ./b. er direction and supervision. (g) Keep the Commission fully advised as to the financial condition and future needs of the City and make such recommendations to the Commission concerning the affairs of the City as he/she deems advisable or as the Commission may require. (h) Sign contracts on behalf of the City pursuant to the provisions of this charter, provisions of appropriation ordinances and where authorized by ordinance, resolution or by motion (see section 4.09). (i) Perform such other duties as are specified in this charter or may be required by the Commission. (j) The personnel policies or personnel rules adopted pursuant to this charter shall not apply to nor be maintained for any of the City's employees who are covered by a collective bargaining agreement which is subject to renegotiatmn unless otherwise expressly provided in said personnel policies, personnel rules or collective bargaining agreement. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 4.05. BUDGET PROCEDURE. (a) The fiscal year of the City shall begin on the first day of October, and end on the thirtieth day of September of the following year. Such year shall constitute the budget year of the C~ty government, and whenever the word year appears in this charter ~t shall be construed as meaning the fiscal year of the City unless otherwise indmated. (b) The City Manager shall submit his/her recommended budget for the ensuing fiscal year to the Commission on or before the first regular meeting in August. Complete copies of the proposed budget shall be on file and available to the public for inspection during office hours in the office of the City Clerk, commencing the following business day 17 Charter Revision 9/6/01 (c) The budget document shall present a complete financial plan for the ensuing fiscal year. It shall include, at least, the following ~nformatmn: (1) Proposed expenditures. Detailed estimates of all proposed expenditures for each department and office of the City, showing the expenditures for corresponding items for the last preceding and current fiscal years w~th reasons for ~ncreases and decreases recommended, as compared with appropriations for the current year; (2) Bonded indebtedness. Statements of the bonded and other indebtedness of the City, showing the debt reduction and interest requirements, the debt authorized and unissued, and the conditions of the sinking funds, if any; (3) Anticipated income. Detailed estimates of all anticipated income of the City from sources other than taxes and borrowing, with a comparative statement of the amounts received by the City from each of the same or similar sources for the last preceding and current fiscal years; (4) Balance or deficit. A statement of the estimated balance .or deficit, as the case may be, for the end of the current fiscal year; (5) Taxes. An estimate of the amount of money to be raised from current and dehnquent taxes, and the amount to be raised from bond issues which, together with income from other sources, will be necessary to meet the proposed expenditures; (6) Other information. Such other supporting schedules as the Commission may deem necessary. (d) A public hearing on the budget shall be held on the first regular Commission meeting m September of each year. Notice of such public heating shall be published at least one week in advance by the City Clerk. A condensed copy of the proposed budget shall be published. (e) At the second regular Commission meeting in the month of September of each year, the Commissmn shall, by resolution, adopt the budget for the next fiscal year, and shall, ~n such resolunon, make an appropriation for the mone5 '~eeded for municipal purposes during the ensuing fiscal-year of the City, and provide for a levy vf the amount necessary to be rinsed by taxes upon real and personal property for municipal purposes, whmh levy shall not, for the general operating expenses of the C~ty, m any event exceed the mileage limitation as provided by state ]aw 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. (f) No money shall be drawn from the treasury of the City nor shall any obligation for the expenditure of money be incurred, excep! pursuant to the budget appropriations. The Commission may transfer any unencumbered appropriation balance, or any portion thereof, from one department, fund or agency 'to another. The balance m any appropriatmn which has not been encumbered al the end of the fiscal year shall revert to the General Fund and be reappropnaled during the next fiscal year 18 Charier Revision 9/6/0 (g) At the beginning of each quarterly period during the fiscal year, and more often if required by the Commission, the City Manager shall submit to the Commission data showing the relation between the estimated and actual income and expenses to date; and if it shall appear that the income ~s less than anticipated, the Commission shall reduce appropriations, except amounts reqmred for debt and interest charges, to such a degree as may be necessary to keep expenditures within the income. (h) The Commission shall designate the depository or depositor/es for City funds, shall provide for the regular deposit of all C~ty monies, and shall provide for the proper security of all City deposits. (i) An independent audit shall be made of all accounts of the City government at least annually, and more fi'equently 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, d~rect or indirect, in the fiscal affairs of the City government or of any of its officers. The condensed audit shall be published 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. Section 4.06. SUPERVISOR OF DEPARTMENTS With the approval of the Commission, the Manager may serve as the head of one or more departments, offices or agencies or may appoint one person as the head of two (2) or more of them (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 4.07. LEGAL COUNSEL There shall be a City Attorney and such assistant city attorneys and special counsel as the Commission shall deem necessary. They shall be responsible to the Commission for all legal matters of the City placed in their charge by or under th~s charter and such other duties as may be .required by the City Commission. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 4.08. LEGAL COUNSEL APPOINTMENT. REMOVAL AND COMPENSATION. (a) Appointment. The Commission shall appmnt a City Attorney, such assistant city attorneys and special counsel as may be deemed necessary. The C~ty Attorney and assistant city attorneys, if any, shall be appointed by Commission for an indefinite term by majority vote of the Commission, the City Attorney to serve at the pleasure of Commission. Special counsel may be appointed as the need arises and shah serve at the pleasure of the Commission. (b) Removal. The City Attorney and special counsel, at all times, shall hold office at the pleasure of a majority of the Commission. Assistant city attorneys may be removed with or without cause by the City Attorney. (c) Compensation. The Commission may, from time to time, fix the regular compensation of the City Attorney, and assistan! c~ly attorneys, ~f any, at a sum commensurate 19 Char~er Rev]stun 9/6/01 with the duties which may be imposed on them by this charter and by the Commission; provided, that all special or unusual services required of the City Attorney and assistant city attorneys, if any, may be specially compensated as the Commission may see fit to provide. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76); Am. Ord. No. 9-83, passed 1/25/83, Approved at Referendum 3/1/83) Section 4.09. DUTIES OF LEGAL COUNSEL. The City Attorney with the assistance of the City Clerk shall prepare all ordinances, all contracts and other instruments in writing in which the municipality is concerned, or shall endorse on each, his/her approval as to form. No contract with the municipality shall be binding upon the municipality until the C~ty Attorney has endorsed his/her approval thereon, and this provision shall be strictly construed by all courts of this state. When required by the Commission, the City Attorney shall prosecute and defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party. The City Attorney shall furnish the Commission, City Manager and department heads his/her opinion on any questions of law relating to their respective powers and duties; and he/she shall perform such other professional duties as may be required of him/her by ordinance, resolution or motion of the Commission, by this charter or by special acts. Assistant city attorneys shall perform those duties assigned them by the City Attorney. Special counsel shall perform those duties assigned them by Commission. ARTICLE ¥. ELECTIONS Section 5.01. ELECTORS. Any person who is a resident of the municipality, who has qualified as an elector of this state, and who registers in the procedural manner prescribed by general law and ordinance of the municipality, shall be a qualified elector of the mumcipality. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 5.02. TYPES OF ELECTIONS. Elections to be held in the City shall all be co~ducted on a nonpartisan basis without regard for or designation ofpolitmal party affiliation. (a) Nonpartisan elections shall be held on the second Tuesday in March of each year for the purpose of electing officers of the City and such other purpose as the Commission may prescribe. (b) held. In case of a tie in the nonpartisan election, a second nonpartisan election shall be (c) All other municipal electrons that may be held by authority of this charter, or of any law, shall be 'known as spemal elect~ons. 2O Charter RevlSlOll 9/6/01 (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. %83, passed 1/25/83, Approved at Referendum 3/1/83; Am. Ord No. 79-91, passed 11/19/91, Approved at Referendum 3/10/92) Section 5.03. FORM OF BALLOTS. (a) Arrangement of names on ballot. The names of the candidates for each Commission office seat and for the office of Mayor shall be arranged separately and alphabetically and nothing on the ballot shall be indicative of the source of the candidacy of any candidate. (b) A charter amendment, initiative petition or referendum ordinance to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice, r~ .... ,~,~ ,,~u^, ,;,~ ,~n appear *~'~ r,,~ .... ; ....... ,; ..... Shall Immediately below the ballot question shall appear the word "yes" and the word "no" with a blank space thereafter to indicate the voter's choice. The word "yes" shall mean the quest]on is approved. The word "no" shall mean the question is not approved. t~e voter's ~; ........ *~ m ......... are (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; ~. Ord. No. 99-85, passed 9/24/85, Approved at Referendum 11/5/85) Section 5.04. ELECTIONS GENERALLY. (a) Number of votes per elector. Each elector shall be entitled to vote for each of the vacant seat numbers for the office of Commissioner and shall also be entitled to one vote for a candidate for the office of Mayor when there is a vacancy in that office; provided, however, no elector shall be entitled to cast more than one vote for any candidate (b) Highest number of votes to elect in first; onpartisan election. (l) In a nonpartisan election, a candidate for each of the seats on the ballot for the offices 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 to the office for which he or she is a candidate; provided, however, notwithstanding the foregoing provision, should two or more can&dates 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. (2) In the event that not more than one person qualifies as a candidate for each of the seats for the offices of Commissioners or for the office of Mayor in the nonpartisan elect]on, then an electron shall not be held. Each can&date shall be deemed to have voted 21 Charter Revision 9/6/01 for himself/herself; provided, further, that in the event that no person qualifies as a candidate for any particular seat for the office of Commissioner or for the office of Mayor, then those seat(s) for the office of Commissioner or for the office of Mayor 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 3.01 of this charter, by majority vote to appoint a qualified person to fill the vacancy. ........ c.,~. ...... v~. ....... ;~*~'~ The memberis) a¢r~ointed to ill/a vacancy o-f-a-sc~ in the office of Commissmner or the office of Mayor shall serve as provided by Sections 3.01 and 3.06 of this Charter. shall .... * ~,.,,,1~ /";*,, ~1~,;~ ^ .... *;1 ,1~ 1~* 1~1,-~.~,, h/[~l~ ,-1~^~1rl ,1.,~ 1~* 'T'h .... ,-I~,, r,,n. · ........ n: * .......... .~,~ r^. ;~ .~.;~ charier (c) Candidates for second nonpartisan election. (1) In the second nonpartisan election, there shall be on the ballot those candidates for seats for the office of Commissioner or for the office of Mayor for those offices wherein candidates tied for the highest number of votes from all electors casting ballots for that seat or office in the first nonpartisan election. The names of the candidates to be voted upon at the second nonpartisan election shall be the candidates which tie for the highest number of votes in the nonpartisan election. (2) In the event a candidate withdraws or dies before the second nonpartisan election and leaves only one candidate for each vacancy for a seat for the office of Commissioner or for the office of Mayor to be filled, then the second nonpartisan election shall not be held. Each candidate shall be deemed to have voted for himself/herself (d) Method of election in a second nonpartisan election. In the second nonpartisan election, the remaining offices shall be filled by the candidate(s) receiving the highest number of votes for each seat for the office of Commissioner or fc~ the office of Mayor. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 68-78, passed 9/25/78, Approved at Referendum 11/7/78; Am. Ord. No 7-83, passed 1/25/83, Approved at Referendum 3/1/83; Am. Ord. No. 99-85, passed 9/24/85, Approved at Referendum 11/5/85; Am. Ord. No. 79-91, passed 11/19/91, Approved at Referendum 3/10/92) Section 5.05. RETURNS OF ELECTIONS. (a) The results of the voting, when ascertained by the Supervisor of Elections, shall be returned in duplicate; one copy to be delivered to the Mayor and the other to the City Clerk, both of whom shall transmil such returns to the Commission at a called meeting to be held nol later than three (3) days after such election. At such meeting the Commission shall canvass the returns and, in the absence of a declaration of a contest by any of the candidates in such election, shall declare the results of the election as shown by the returns made by the Supervisor of Elections. 22 Charter Revision 9/6/01 (b) The City Clerk, not later than noon the second day thereafter, shall furnish certificate of election to each person shown to be elected. (Ord. No. z~-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 2-82. passed /26/82. Approved at Referendum 3/2/82) Section 5.06. JUDGE OF ELECTION AND QUALIFICATION. The Commissioners shall be the judge of the qualifications of its own members, and the City Clerk shall be the judge of the election and election returns for the office of Mayor and for the offices of Commission seats. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 101-85, passed 9/24/85, Approved at Referendum 11/5/85) Section 5.07. SPECIAL ELECTIONS. (a) The Commission shall provide the time, manner and means of holding any special election, prowded that no special election shall be called less than thirty (30) days following the adoption of a resolution calling for such election. (b) The Commission shall prescribe by ordinance the method and manner of holding all elections in the City, and shall provide when and how special elections shall be called and held which are not provided by the terms of this charter. Ail elections shall be conducted in accordance with this charter and with the provisions of general law. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 5.08. STRAW VOTE ELECTIONS. The Commission is also empowered and authorized to spend public funds for the conduct of straw vote elections upon a determination by the Commission that it is in the best interest of the City to obtain an expression of the people with respect to a particular municipal question. The Commission shall have the right to hold a straw vote election at any time, and may prescribe .limitations relating to the eligibility of those who shall be qualified to participate. The results of said election shall not be binding on the Commission (Ord. No. 4-76, passed 2/23/76, Approved at Referen&~m 2/2/76) Section 5.09. RECALL. The qua!i,fied vcterz electors of the City shall have the power to recall and to remove from office any elected official of the CJty as provided by general law. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) ARTICLE VI. INITIATIVE, REFERENDUM *Editor's Note: This Article VI shall apply to all imt~ative and referendum situations within the C~ty, unless otherwise govemed by F.S. Sections 166.031,171.0413 and 171.051. 23 Charter Revision 9/6/01 Section 6.01. INITIATIVE. The ~a4/-:fied~l~ electors of the City shall have the power to propose ordinances and ordinances that repeal ex~stine ordinances to the Commissmn_ ~-'~ Iif the Commission falls to adopt an ordinance so proposed without any change in substance, *~ ..... adopt .... ~j~,., it at a City ~ the ordinance may be approved or reiected at a City election if the provisions of th~s Article are met. r ................. power ....... not ......d to However. no ordinance relatm~ to dg pi ........ '~; .......~"*:-" *" appropriation of money, or affectina the bu et~ e~ ca tal program~., levy of taxes or salaries of City officers or employees shall be allowed to be brought forward as an ~nitiative. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 212/76) Section 6.02. REFERENDUM. The ~.q:m~F--~,--vat. e~ electors of the City shall have power to require reconsideration by the Commission of any; adopted ordinance_.,,,,~,~'~ _Iif the Commission fails to repeal an ordinance brought forward for reconsideredation, *^,,, approve ~,~' :'eject it at a City ~*~,,,,.., the issue may be approved or reiected at a City election if the provisions of this Article are met.p-~-';'~'~ thal ..... .... ~ ........ ~,~n ........ '~ '^ However. no issue shall be allowed to be brought forward for reconsideranon that relates to or affects the budget: o~ capital program~ ov any emergency ordinance or ordinance relating to appropriation of money, levy er (of) taxes~ or salaries of City officers or employees. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 6.03. COMMENCEMENT OF PROCEEDINGS. (a) Any five (5),~..._,~..~;r'~'~ ....... . ~,..,o electors may commence either initiative or referendum proceedings by filing with the City Clerk or other official designated by the Commission (hereinafter both officials shall be referred to as "Cnv Clerk") an affidavit stating they wall constitute the petinoners' committee and be responsible for circulating the petnion and filing ~t in proper form, stating their names and addresses and specifying the address to which all notices to the commmee are to be sent, and setting out in full the proposed initiative ordinance or · cinng the ordinance sought to be reconsidered. (b) Promptly after the affidavit of the petiu,~ners' committee is filed, the City Clerk .................. ~ ....... j .................. may, at the committee's request, issue the appropriate petition blanks to the petitmners' committee at the committee's expense. Section 6.04. FORM OF PETITIONS. (a) Number of signatures. Initiative and referendum petitions must be signed by qq~l/.fi~,,~-s electors of the C~ty equal m number to at least fifteen (15) percent of the total number of~ electors registered to vote at the last regular City election. (b) Form and content All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed m ink or indelible pencil and shall be followed by the address and precinct number and date of s~gning of the person signing. Pentions shall contain or have attached thereto throughout their circu]anon the full text of the ordinance proposed or sought to be reconsidered. 24 Charter Revision 9/6/01 (c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he/she personally mrculated the paper, the number of signatures thereon, that all the signatures were affixed in his/her presence, that he/she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before s~gning to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions. Referendum petitions must be filed within sixty (60) days after adoption by the Commission of the ordinance sought to be reconsidered. (e) Time for filing initiative petitions. Imtiative petitions must be filed within sixty (60) days of the first signature thereon and signatures may not be procured prior to the time of commencement of proceedings as set forth in Section 6.03. When the petitions have been filed, the City Clerk shall submit the same to the Commission at its next regular meeting and provisions shall be made by the City Clerk for public hearings upon the proposed ordinance. (Ord. No. 4-76. passed 2/23/76, Approved at Referendum 2/2/76) 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 for a referendum petition, the City Clerk ~'~'~""'~"'a~r~'~ ~..,~,.~ ,*.~..~ r.^~~.~.~.._..~,~,~, shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitxoners' committee by registered mai]. Grounds for insufficiency are only those specified m Section 6 04. A petition certified insufficient for lack of the required number of vahd signatures may be amended once if the petitioners' committee files a notice of intention to amend ~I w~th the City Clerk ,~r ^*~'~- ^~'~;~ '~'; .... .~ ,.., ,~,~ t-,.,.,,~;..:^~ within two (2) days after receiving the copy of his/her certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Additional sh.,o-natures may be gathered in th~s ten day period in order to meet the minimum required number of electors. Such supplementary petition shall comply with the reqmrements of subsections (b) ,and (c) of Section 6.04, and within five (5) days after it is filed the City Clerk er ether cffic:al ....'~;~ .... ...... '~ by the `~ ........... ...... ;on shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate ~¢, the petitioners' committee by registered mail as in the case of an original pemion. If a petitmn t ~ amended petition xs certified sufficient, or if a pention or amended petition is certified insuffiment and the petitioners' committee does not elect to amend or request commission review under subsectmn (b) of this sectmn within the time reqmred the C~ty Clerk c,r ^'~-~- ~rc,,;,,~ ,~,;,,,~,~,~ ~,,, ,~,~ r,^~; ..... shall promptly present his/her certificate to the Commission and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Commission review. If a petition has been certified insufficient and the petitioners' committee does not file notme of intention lo amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request and approve or disapprove it, and the Commission's determination shall then be a final determinanon as to the suffimency of the petitmn. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) 25 Charier Revision 9/6/01 Section 6.06. REFERENDUM PETITIONS SUSPENSION OF EFFECT OF ORDINANCE. When a referendum petition is filed with the City Clerk ............. Ar c'he- cffi~i~ '~';,.,~*~'~ ...... 53' the Ccr:'.ma;zsic, n, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition, or (2) The petitioners' committee withdraws the petition, or (3) The Commission repeals the ordinance, or (4) After a vote of the City on the ordinance has been certified. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 6.07. ACTION ON PETITIONS. (a) Action by Commission. When an initiative or referendum petition has been finally determined sufficient, the Commission shall promptly consider the proposed initiative ordinance in the manner provided by general law for passage of ordinances or reconsider the referred ordinance by voting its repeal. If the Commission fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days, it shall submit the proposed or referred ordinance to the voters of the City. (b) Submission to voters. The vote of the City on a proposed or referred ordinance shall be held not less than thirty (30) days and not more than sixty (60) days from the date that the petition was determined sufficient. If no regular City election or no eeneral or primary election is to be held within the period described in this subsection, the Commission shall provide for a special election except that the Commission may in its discretion provide for a special election at an earlier date within the described period. Copies of the proposed or referred · ordinance shall be made available at the polls. (c) Withdrawal of petitions· An initiativc or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the C~ty by filing w~th the City Clerk or c*~c~ ^rc.~;~ .~ ....... ~ ;.., ,~.~ r.~_,,,,;~:~ a request for w~thdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 6.08. RESULT OF ELECTION. (a) Initiative. If a majority of the ~ electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Commission. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative voles shall prevail to the extenl of such confhct. 26 Charter Revision 9/6/O 1 (b) Referendum. Ifa majority of the guat4(~ ejectors voting on a referred ordinance vote against it, it shall be considered repealed upon certffication of the election results. (Ord No 4-76, passed 2/23/76, Approved at Referendum 2/2/76) ARTICLE VII. TRANSITION SCHEDULE Section 7.01. CONTINUATION OF FORMER CHARTER PROVISIONS. All provisions of Chapter 25786, Laws of Florida, Special Acts 1949, as amended by special law or otherwise which are not embraced hereto and which are not inconsistent with this charter shall become ordinances of the City subject to modification or repeal in the same manner as other ordinances of the City. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 7.02. ORDINANCES PRESERVED. All ordinances in effect upon the adoption of this charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 7.03. RIGHTS OF OFFICERS AND EMPLOYEES. Nothing in this c-bap~ charter, except as.otherwise specifically provided_, shall affect or impair the rights or privileges of persons who are City officers or employees at the time of adoption Elected officers shall continue to hold their offices and d~scharge the duties thereof until their successors are elected. Section 7.04. PENDING MATTERS. All rights, claims, actions, orders, contracts and legal or administrative proceedings · involving the C~ty shall continue except as modified pursuant to the provisions of this charter. All right, nile and interest in property, real or personal, uncollected taxes due, claims, judicial decrees, liens, suits, actions and chooses in action hc~d or owned by the existing municipality shall pass and the same are hereby vested in the m~nmipality continued under this revised charter. (Ord. No 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 7.05. OBLIGATION OF CONTRACTS PRESERVED. No debt or obligation of contract of the City shall be changed as a result of the adoption of this charter. All such debts and obhgations shall pass to and be binding upon the municipality which is hereby continued. (Ord No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) 27 Charter Revision 9/6/0 (Ord. No. 4-76. passed 2/23/76, Approved at Referendum 2/2/76) Section %0-7-6 DELETION OF OBSOLETE SCHEDULE ITEMS. The Commission shall have power, by resolmion, to delete from this Article VII any section, including this one, when all events to which the section to be deleted is or could become applicable have occurred. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) 28 TO: FROM: DATE: SUBJECT: City Of Delray Beach Department of Environmental Services M E M 0 R A City Manger Commissioners Randal L Krejcarek, P.E./~~ 09 Oct 2001 NE 4~' Steer Corridor www.delrayesd.com N D U M Last time this item was brought before you in a workshop setting, you asked staff to obtain additional information. This information has been collected and direction is once again being sought. Questions needing answers: Q: What is the cost to underground overhead utilities between NE 2°~ Av & US 17 A: The total cost is approximately $350,000.00. The majority of this cost is for FPL lines. FPL also indicated that easements would probably be required due to limited rights-of- way. This option would also most likely require removal of trees. Q~ What is the cost of moving the utility lines to the south side of the road. The total cost is approximately $75,000.00. The "V" cut made on the tress on the north side, to accommodate the lines, would also be required on the south side. Q~ What is the height of the existing lines? The lowest lines have approximately 16'-18' clearance. Q~ Would like a second opinion on health of trees. Terry Hodges, a Certified Arborist, inspected the trees and indicated the following: 1) The trees show signs that the cambia (trunk) has been damaged to a point where approximately one-half of each tree trunk on the south side of the street is beyond repair. 2) Large sections of bark are missing from possible vehicles hitting the trees several times. Vital nutrients can no longer reach new growth areas of the tree because of missing bark 3) Trees on both sides of street have roots underneath the roadway. Any construction that includes digging will further starve the trees from nutrients. 4) The trees on the north side between NE 3rd Ave and FEC tracks are being starved of nutrients due to driveway concrete too close to truck. \~ESSRVOO2~DEPARTMENTS~EngAdrnln~Projects~OOO~OOO-OO3~.ETTERS~cornm meno doc Options: 1) 3) 4) Thanks! enc 5) Due to improper trimming limbs are at risk of breaking off during periods of high winds. 6) Due to location of trees to edge of roadway, vehicles will continue to hit and damage the trucks. 7) Mr. Hodges indicated that with time and substantial investment the trees could possibly be saved. Due nothing: a) Trees would stay b) No sidewalk installed on either side c) City would not be entitled to $240,000 toward improvements to corridor d) No improvements to FEC crossing, including no sidewalk across tracks Shift road 5" +/- to south and build 3 lanes a) Could possibly save trees on north side, if all utilities were moved to south side and sidewalk was not installed b) Additional rights-of-way or easements would be required for sidewalk, on south side c) Would need to go back to FEC to adjust their design and put sidewalk on south side d) Sidewalk should be on north side of 4th St to minimize crossing of 4~ St e) Probably not utilize all monies committed by County f) New trees could be planted behind sidewalk on south side of roadway g) Poor alignment could cause increase in traffic crashes Provide left turn lane for NE 3"" Av (heading north) only a) Which ever side sidewalks went on would lose trees b) Easement would be required on north side for sidewalk c) Easement would be required on south side in order to avoid trees not in widening section d) Need to go back to FEC to adjust crossing design if sidewalk moved to south side e) Probably not utilize all monies committed by County f) New trees could be planted behind sidewalk Build three lane section a) All trees would be removed, and could be replaced with new trees behind sidewalk b) Sidewalk would be built on both sides, up to 3rd Ave c) FEC improvements proceed as planned d) Utilize the majority of monies committed by County ~SSRVOO2~DEPARTMENTS~EngAdm~n~°ro]ects~2OOO~2OOO-OO3V_ET-TERS~comm rneno doc (3ni'r~v ~ '~ N) (~sn) ~. ~ 3N August 6, 2001 Attn: Randall Krejcarek City of Delray Beach] Engineering Department 434 South Swmton Avenue Delray Beach, FL 33444 Re. NE 4th Street near railroad tracks Dear M.r. Krejcarek: The Mahogany trees (Swietenia Mahagom) located at NE 4m Street near ~he railroad tracks have been examined and the following was noted: Trees are in poor condition Appears to have wood boring infestatmn If treatment hasn't been given to the tree the infestation could be attacking the center of the trunk at this point. The cambia has been damaged from possible cars hitting Jt several areas !rn addition much damage has been done to the trees from improper tree pruning It is our recommendation the cost mvolved, and risk of transplanting the trees wouldn't be advantageous to the City of Delray. Please feel flee to call if.you have any questions regarding th~s matter President z z 4~ Cl~ of DELRAY BEACH NE 4TH STREET oA..10/g/01 E~~AL ~E8 DEP~E~ TRAFFIC VOLUME 2000 Storm Water Master Plan Status Update City of Delray Beach, FL Last Master Plan · Revised 1994 · Inventory existing SFWMD permits · Establish acceptable Level of Service (LOS) · Identify known problem areas · Recommend solutions Levels of Service (LOS) · Growth Management Act of 1985 · Tool for addressing drainage needs · Based on permitting requirements Levels of Service (LOS) LOS A Through F . LOS A . Possible minor ponding . Roads are accessible .10.5 inches in 24 hours ~, LOS F . Ponding > 12 hours · Sections of roadway not accessable Levels of Service (LOS) City Comprehensive Plan , Design for LOS C ,3 year storm * Lasting for 24 hours ,6.5 inches in 24 hours What Does LOS C Mean? · Nov 1998 - Tropical Storm Mitch ~, 12.8 inches in 20 hours · Oct 1999 - Hurricane Irene ,13.4 inches in 20 hours 2000 Master Plan Update · Inventory existing SFWMD permits · Identify problem areas · Recommend Solutions Identified Areas · George Bush Blvd · Construction completed · Pelican Lane · Construction completed · Albatross Rd · Construction completed PROPOSED TYPE "C' · r-RAISE ROAD GRATE EL 7.9 . [ /TO MINIMUM GEORGE B GENERAL - STORMWATER - FINAL LOCA'I1 BY DETAILED - PIPE LENGTH~ DESIGN BY D EXISTING STORM SE PROPOSED STORM PROPOSED SWALE REVISED PER CITY COMMENTS - AUGUST 2001 PELICAN LANE AND GEORGE BUSH BOULEVARD PROPOSED IMPROVEMENTS ~,~*'" ~ lAr ond AssocloJ~s, )~C :~ I T2.2ii ~ 1 :)t:~WATE]~ INLET LOCATIONS ARE APPROXIMATE AND [ BASED ON 114E ~ AVAR. A. BL~ TOPOORA. PHIC DATA. ~AL DESIGN AND LOCATION OF INLETS WILL BE PERFORMED THE DETAILED DESIGN EXISTING STOR~ PROPOSED STOl PROPOSED SWAI. REVISED PER CITY COMMENI'S - AUGUST 2001 ALBATROSS ROAD PROPOSED IMPROVEMENTS ~'~ ""~ EXHIBIT 5.2 ~ I Identified Areas · Curlew Rd · Construction completed · Lake Dr/NW 12th St · Construction completed · NW 4th Ave · Construction completed Identified Areas · NW 1st St · Under construction · SW Area I · Under construction · SW Area II (SW 10th St, SW 4th St, SW 8th Ave & SW 4th Ave) · Under design · NW 15th Ave Pond · Under design Identified Areas · Vista Del Mar . Existing Condition . LOS C = 4.2" standing water .25 year, 24 hour storm = 10.1" Identified Areas · Vista Del Mar . Options . Increase pipe size . Increase pump size . Combination of above . Routine Cleaning WATERWAY LANE ~ I J > ~ VISTA DEL MAR DRIVE NORTH~- [~- , VISTA DEL Mh~ DRIVE SOUTH ~ > m 6~, TH OM A S S T. ~%'qm $ -.48' I I ~ ~o~, ~ I ' ~ 15' ~ I ~~~~~ N VISTA BEL MAR ~ ~ ~ ~ 10/9/01 ~ (~ ~ ~ (~ ~ ALD WATERWAY LANE VISTA DEL MAR DRIVE NORTH~- VISTA DEL MAR, DRIVE SOUTH ~ TH OM A S S T. -- Identified Areas · Seagate Dr & Hibiscus Rd · System cleaned and monitoring · NW 6th St Other Areas · NE 3rd Avenue · In design (Ph III Seacrest/Del Ida) · NW 18th Avenue · Under construction · NE 4th Avenue @ NE 3rd Street · Design Completed · Palm Trail · Flap Gate installed 7 Other Areas · Marine Way · Under construction · Harbor Drive · East end completed · Ingraham Ave @ Venetian Dr · Under construction · Carver Estates · Completed 2000 Storm Water Master Plan Questions? ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager rRobert A. Barcinski, Assistant City Manager Agenda Item City Commission Workshop Meeting October 9, 2001 Request for Proposals Naming Rights/Philanthropic Donation - Tennis Facilities DATE: October 2, 2001 City Commission reviewed this item at the September 11th workshop. Due to the terrorist attacks and concern about the economy, commission requested that this item be placed on the October workshop agenda. I have confirmed with the staff recommended company that the cost for the service is as follows: base fee $30,000, which includes research, value assessment, and development of potential client list and marketing materials. The balance of their fee would be based on a percentage of naming fights revenue. If we want to have them service and manage the account after an agreement is reached with a potential client, there would be an additional cost. It has been staff's intent that we would manage and service the account ourselves. In addition all proposers were made aware through the RFP all qualifiers based on current contracts for events as well as our previous agreement with Flight Media (see attached). Naming fights revenue is a component of our agreement with Match Point, Inc. for the International Tennis Championship. Per terms of the contract Match Point would be entitled to 50% of the naming fights revenue and an additional 15% if they sell the naming fights for the 2003 through 2008 event. Our base monthly payment to Match Point, Inc. ends March 1, 2002. Payment to Match Point for the 2002 event is $250,000. In my opinion the continuation of this event would be crucial to the selling of the naming fights. Attached is the agenda memo and back up from the September 11th workshop. RAB/tas Fflc:u:sweeney/agenda RFP 02001-34 REQUEST FOR PROPOSAL CONSULTING SERVICES FOR NAMING RIGHTS AND/OR PHILANTROPIC DONATIONS FOR THE TENNIS CENTER AND STADIUM 1.1 1.2 1.3 General Proposal Information Purpose of the Proposal The City, a municipal corporation of the State of Florida, is seeking the services of a qualified and experienced proposer. The solicitation of naming rights and/or philanthropic contributions, which may be a firm, corporation, partnership, individual, joint venture, or other legal entity, in the solicitation of naming rights and/or philanthropic donations for the Tennis Center and Stadium. Goal The goal is to provide the City with additional revenue to offset the net costs associated with the operation of the Tennis Center and Stadium. Background and Marketing Information A) Facilities The City of Delray Beach Tennis Center and Stadium is located on Atlantic Avenue approximately ½ mile east of 1-95. The Center consists of fourteen (14) clay courts, six (6) hard courts, clubhouse, and restroom facilities The Tennis Stadium court surface is a hard court and has permanent seating capacity of 8,200 of which 1,272 are box seats and 1,906 club seats. The stadium also includes a TV booth area and VIP seating area. One ticket plaza with four (4) ticket windows is located outside the perimeter of the Tennis Center with a link to Ticket Master. Approximately 27,000 cars pass by the site on a dally basis. B) Events The City currently by contract hosts three (3) major events, approximately eight (8) USTA amateur events, and other local events at the site. A summary of the major events is as follows: 1) International Tennis Championships (formally the Citrix) This event is an ATP International Tennis Event, held in early March sponsored by Match Point, Inc. It is a nine (9) day event consisting of 2 c) thirty-two (32) singles matches and sixteen (16) doubles matches. event is televised worldwide both live and tape delayed. · Prize money $400,000 · Attendance 2001 approximately 40,000 · Average household Income $156,000 · Contract term Through 2008 The 2) Chris Evert Pro - Celebrity Tennis Classic This is a two (2) day event held in early December sponsored by Chris Evert Charities, Inc. for the purpose of raising funds for the South County Drug Abuse Foundation. The event features Chris Evert and other tennis professionals and celebrities in exhibition doubles matches. · Attendance 2000 approximately 6,000 · Contract annual 3) Owl Foundation Tennis Challenge This is a one (1) day exhibition event sponsored by the Owl Foundation, Inc. Funds raised from this event provide at risk youth with equal access to remedied education assistance. The event consists of two (2) singles matches and one (1) singles match featuring Venus and Serena Williams, as well as, a tennis clinic for youth · Attendance 2001 approximately 4,000 · Contract 2001 through 2003 Naming Rights Qualifiers The City currently has five contracts with provisions that may impact City revenues from the sale of naming rights as follows: Matchpoint, for the 2003-2008 events, has the right to 50% of the income from the sale of naming rights. The City retains all income from sale of naming fights by Matchpoint or City through 2002 except for a 15% fee to Matchpoint if Matchpoint sell the naming rights. Flight Media's contract gave the exclusive right to procure naming rights expired March 31, 2002. However, any contract entered into through March 2003 with Southwestern Bell Communications, Inc. or subsidiary thereof or Sun America Companies entitles Flight Media to 10% of the gross amount of revenue the City receives from the sale of naming rights. Chris Evert Charities contract expires each year and expired December 2000. However, any future contracts need to be modified from the previous years' agreements that allowed them to cover all logos/trademarks may be covered. Owl Foundation - The term of the agreement continues until the conclusion of the 2003 event. This contract also provides that all logos/trademarks may be covered. Coca Cola contract - The term of the agreement continues until May 2, 2003 (Coca Cola has exclusive pouting rights except for twelve black out days annually). This provision would not reasonably permit Pepsi to serve as a naming rights sponsor during this period. 1.4 1.5 1.6 1.7 RFP Process Milestones The anticipated schedule for this RFP and subsequent contract is as follows. All dates are tentative and subject to change. RFP available for distribution · Due date for questions · Proposal due date · Evaluation period · Recommendation to City Manager · City Commission approval · Project start June 10, 2001 June 29, 2001 July 11, 2001 July 12-31, 2001 August 1, 2001 August 7, 2001 within 30 days of approval RFP Evaluation Process The City will establish a selection committee for the purpose of reviewing proposals, conducting interviews with Proposers and in submitting a recommendation for contract award to the City Manager. Proposals will be evaluated based on the following criteria · Proposers experience and professional qualifications · Approach to project and strategy · Financial business stability information · Price of services 25% 35% 20% 20% The solicitation committee will rate each category on a scale of 1 to 5 (five being the highest ranking) and rank the proposals. The selection committee will interview at least three (3) of the proposals. Award of Contract Final contract award will be made by City Commission to the Proposer whose proposal is determined to be the most advantageous to the City, taking into consideration the criteria set forth in the RFP. Standard form contract as per Appendix "A" will be utilized. Scope of Services The City of Delray Beach is interested in contracting with a qualified and experienced Consultant to procure a sponsor for the naming rights or philanthropic donations of the Tennis Center and Stadium. Services to be provided shall include research, valuation, selling, contract development, presentation of written report(s) of findings and recommendations to the City Commission for consideration of approval, and contract negotiation. Specific services shall include, but not limited to, the following: 1. Estimate annual value of naming rights of the Tennis Center and Stadium. 2. Present documentation to support estimated value. 3. Identify the various issues associated with the procurement of a sponsor. 4. Evaluate and recommend how the Tennis Center and Stadium can improve its value. 5. Identify best categories that should be marketed for naming rights. 4 Present proposed milestone strategy for securing the best proposal for naming rights or philanthropic donations. Identify and solicit firms willing to serve as a sponsor and determine the fee they are willing to pay the City. Develop detailed f'mal report of research, findings, and recommendations for naming rights or philanthropic donations of the Tennis Center and Stadium, and provide the City of Delray Beach with five (5) bound copies of the same as specified by the City. Make presentations as directed by the City of Delray Beach as may be required. Negotiate contract with sponsor for the sale of the naming rights or philanthropic donations of the Tennis Center and Stadium. Successful Proposer is expected to meet the following milestones for deliverables. Payment of fees to be based on accomplishments of the deliverables. Activity · Report and Recommendation to City of Delray Beach of potential sponsor(s) Value, strategy and milestones Deliverables 45 days after date of Contract · Solicit potential sponsors 45 to 180 days after date of Contract · Final proposed Contract with sponsor prior to end of Contract Consulting Services for Naming Rights and/or Philanthropic Donations for the Tennis Center and Stadium RFP #2001-34 Presented to: Robert A. Barcinski Assistant City Manager City of Delray Beach~ Florida 100 N.W. 1~ Avenue Delray Beach~ Florida 33444 Superlative Response to Request for Proposal The Superlative Group~ ]:nc. 2706 Franklin Boulevard Cleveland~ Ohio 44113 216/592-9400 216-592-9405 Fed. Employer ]:D # 34-1762954 T. EXECUT'rVE SUMMARY Welcome to The Superlative Group, Inc. Superlative, a sports and relationship marketing firm, provides expertise in corporate consulting, municipal marketing and naming rights analysis, -- negotiations and acquisition. The Superlative Group is a privately held corporation headquartered in Cleveland with offices in Chicago, Cincinnati, Detroit, Las Vegas, Miami and New York. We are registered to do business in a number of other states. Superlative's expertise spedalizes in naming rights and sponsorship programming. Our experience knows no boundaries, as we're currently involved in programs with public, private and municipal sectors. Our clients include Miami-Dade County, Florida, Procter and Gamble and Xavier University. Most recently, we recently concluded a 30-year, $75-million naming rights deal between Great American Insurance Company and the Cincinnati Reds for its new riverfront ballpark. In addition, Superlative broke the Major League Baseball record for earliest sell- out of suite sales for the new ballpark. Our approach will be a multi-phase project. Superlative will begin by reviewing the sponsorship marketplace of Delray Beach and South Florida to determine the feasibility and pricing recommendations of a naming rights campaign for the Tennis Center and Stadium. We will provide the City of Delray Beach an accurate and detailed analysis of the sponsorship marketplace that will allow for the development of a strategic plan for the successful acquisition of a naming rights partner. Following the development of the strategic blueprint, Superlative will execute the plan to ensure the procurement of a win-win partnership. The Superlative Group regularly receives a retainer fee that covers working expenses, resources spent and time needed to complete the assignment. In addition, commissions for the successful sale of naming rights will be paid at the consummation of the partnership agreement. 3 All preliminary work by ,Superlative will be handled from our corporate headquarters in Cleveland, Ohio by Brian Hicks, Manager, Municipal Marketing. Mr. Hicks may be reached at 216/592-9400. Upon contract award by the City Commission, Superlative's work will be based in Cleveland but will also be on location and from it's Miami office. The Superlative Group looks forward to continuing its efforts in South Florida and is eager to begin work with t~he City of Delray Beach. Brian T. Hicks Manager, Municipal Marketing -~/z ./D~ Date 4 III. APPROACH TO THE PRO]ECT/STRATEGY The City of Delray Beach, FL is currently seeking the assistance of a qualified marketing consultant to secure the naming rights or philanthropic donations to the City's Tennis Center and Stadium. The City of Delray Beach and its' Tennis Center, home to three (3) major events including the ATP International Tennis Championships, seeks contractually obligated revenues from a naming rights deal to offset the net costs associated with the operation of the Tennis Center. As understood from the RFP dated June 10, 2001, The City of Delray Beach has an ongoing relationship with Matchpoint that agrees to pay Matchpoint a 15% fee if it sells the naming rights. In addition, Delray Beach agrees to pay Flight Media 10% of the gross amount for any naming rights sale to Southwestern Bell Communications, Inc. or subsidiary thereof or Sun America Companies. This naming rights process has taken place over some time and while the City of Delray Beach is still in contact with certain companies, additional marketing and sales expertise is being requested by The City of Delray Beach to more aggressively execute a naming rights partnership. .~ Statement of Approach - There are three key components that are essential to any successful naming rights campaign: Research, Contacts and Packaging. 1) RESEARCH is the foundation to any successful naming rights strategy. The Superlative Group will execute and produce market research on a local, state and national level to provide a comparative analysis of similar tennis center and stadium projects. Research also assists in the positioning of the sponsorship and all of the features and benefits for a sponsor of the project. 2) CONTACTS, knowledge of and access to corporate decision- makers are paramount to the success of a naming rights campaign. Our years of experience in selling naming rights and sponsorship alliances to Corporate America have enabled us to compile a "golden rolodex" of CEO and Company Presidents. At any corporation, anyone can say NO but only one person can say YES. t4 3) PACKAG:I:NG the components of the sale is key. If a naming rights deal only included signage then a billboard in a nearby location would probably serve the same purpose. The Superlative Group knows that it's a package deal that entices a naming rights partner. Key elements include additional Print, Media, Retail, Merchandising, Hospitality and Business-to-Business components. Marketing the Facilities To generate the greatest value for the City, The Superlative Group recommends working through four (4) phases. Phase :1:: Exploring the community and its corporate support for naming rights, sponsorship potential and partnership elements through primary r~search. This will help to assure that the program will meet customer expectations and be a success. Written results will cover value assessment, package elements, media values, and identity of target prospects. Also included will be an historical overview of comparable tennis center and stadium naming rights. Phase :i:]:; Develop the commercial terms for the sponsorship opportunities, including pricing and length of term for sponsorship agreements. Phase I:l:Z: Building upon the results of the research, Superlative will make sure that the communication plan and materials reflects the interest of the naming rights, corporate and sponsorship customers. Phase IV: Sales execution. Coordinating with the City staff, Boards of Directors and City legal consultants for sale of the actual naming rights or philanthropic donations to assure the fiscal integrity of the program. ]:ncluding the actual selling process, evaluation of proposals and negotiations and lists of who can and who cannot be approached. Phase Z: Research As with any worthy marketing campaign, we start by asking the customer what they want, how much they are willing to pay for it and what they consider while making the decision to buy. The Superlative Group recommends conducting primary research in the City's market area to understand the project's potential support. We will also investigate comparable transactions with other public- venue sponsorships. Based on this research and our venue and marketing experience, the following will be addressed: · Realistic quantification of the demand for naming rights, corporate support and partnering opportunities. Realistic pricing strategies for exclusive and non-exclusive revenue-producing packages with pre-existing demand, construction and operating expenses in mind. A target list of categories and. partners that should be approached for marketing opportunities and the estimated revenue contribution of each. · Recommended guidelines for risk-management in conjunction with private/public partnership. · Basic guidelines for elements to be included in the sales packages. · ]:nformation needed to complete marketing materials and timeline. l? Phase TT: Pricing Pricing is a very important element of the marketing equation. The Superlative Group wants the City to get their full value of financial commitment. The pricing will depend upon investigation of similar venues, the research findings and our successful company's experience. Pricing recommendations will be made for naming rights, commercial marketing and corporate sponsorship packages. The trend is for longer-term, staggered contracts. This is beneficial to you so that your marketing department can maintain the appropriate relationships for renewals. The Superlative Group will develop a "turnkey" plan to be maintained by City personnel. Phase III: Communications Communication materials must balance the tone and image of the end-user's experience, entice the potential sponsor and present the necessary sales information - all within reasonable budgetary constraints. The Superlative Group will handle all creative requirements for your sponsorship program, from concept to design, to copy writing and production. ~ The Superlative Group specializes in marketing: venues, special services and industrial products, and communications: developing and conveying the right message to get the job done. The special skills and expertise used to identify and match appropriate vehicles and sponsors, coupled with our experience in determining property value and negotiating successful partnerships, can be unleashed to successfully market the facilities. Complementary to our superior sales expertise is our ability to design the required internal and external communication strategies and materials that convey and persuade the value of the products to be sold. By being in sales, we know the tools sales professionals need to get the order. We understand that not all programs are the same. So we conform to your needs. Our combined expertise includes advertising, public relations, internal communications, community relations and development of sales tools. Whatever your objectives call for, The Superlative Group is there to assist and augment your existing resources. The City will have custom strategic communications and counseling by using the experience, training and contacts of senior level executives with a personal, hands-on approach. Phase :IV: The Sale We're sports and entertainment people at The Superlative Group. But, above all, we're sales people. We can help you develop and/or package your offer, ensure its appeal to corporations seeking relationship-marketing efforts (Phases ]: and I]:i) and then sell it through for you. We can also provide complete turnkey sales and marketing operations customized to meet your needs: · Naming rights and licensing negotiations · Corporate sponsorship sales and marketing programs · Developing and training for maintenance. All of this is accomplished with a consistent and on-going relationship with appropriate City and legal consultant personnel, Related Project - City of Midland, TX Naminq Right~ Superlative is currently serving as the exclusive sales agency for the City of Midland, TX in the marketing and sale of naming rights to the Scharbauer Sports Complex. The Scharbauer Sports Complex, currently under construction and scheduled to open in the spring of 2002, is a $43-million, 95-acre development. ]:t will consist of a 7,000-seat baseball stadium, that will be home to the Midland Rockhounds baseball team (Class AA affiliate of the Oakland Athletics), and a 15,000-seat multi-purpose venue whose events will include high school football and youth and professional soccer. A target list of categories and partners was developed and are now being contacted. Superlative is in final negotiations with a partner for each facility. Reference: Charles D. Swallow Director of Developmental Services City of Midland P.O. Box 1152 Midland, Texas 79702 915-685-7288 lO Related Project - Cabarrus County, NC Naminq Rights Cabarrus County, NC, the Motorsports capital of the world, has charged Superlative with completing a sponsorship marketplace assessment for the Charlotte-Concord MSA, the creation of a sales blueprint and the successful execution of the sale of naming rights to a 190,000 square foot Exhibition Park Arena and 83,000 square foot Hotel-Convention Center complex. The Superlative Group began its' work with Cabarrus in May 200:t. Superlative recently presented Cabarrus County with a comprehensive naming rights and marketplace assessment. Groundbreaking of the $15 million Expo Park took place ]une 25, 2001. Superlative will now begin aggressively marketing the naming rights for the multi-purpose facility. The partnership between Cabarrus County and The Superlative Group will expire April 2002. ; Marketing and sales for the Hotel-Convention Center complex will begin immediately upon completion of the contract between Cabarrus County and the development firm. Reference: Frank W. Clifton, .lr. County Manager Cabarrus County Governmental Center P.O. Box 707 Concord, North Carolina 704-920-2:[00 28026-0707 Related Project - IVliami-Dade County, Florida Municipal Facilities Value ASsessment The Superlative Group has partnered with Miami-Dade County, Florida to complete a three-tiered project to investigate all municipal marketing opportunities throughout the county. First, Superlative will conduct a thorough marketplace and value assessment for all municipal facilities in Miami-Dade County, Florida including the Aviation, Information Technology, Park & Recreation, Port Authority and all other departments. Next, The Superlative Group will develop a sponsorship sales strategy, sponsorship policy and procedure, and RFP development based upon the findings. Upon development the sales strategy, Superlative will execute the sales plan to create mutually beneficial partnerships between targeted corporations and Miami-Dade County. Reference: Corrine Brody Director Office of Performance Improvement Miami-Dade County 175 NWim Avenue Suite 2900 Miami, Florida 33128 305-349-6123 State of Florida Engagements The Superlative Group has been retained by Miami-Dade County, Florida to provide a value assessment for all county facilities. See page 12. Superlative's South Florida office is located at: 1221 Brickell Avenue IVliami, Florida 33131 305-995-8222 Phone 305-374-6146 Fax Letter of Reference See page 32. '. Fro~: 08/31/2001 11:20 ~348 P.0CE Superlative I,roperUes DIvision- allllt lelerll lS: imm Cedar Fair ¢' Commercial Jan Gu'tl~i;i'd~'~' Amusement sponsorship sales for Sales Director, Parks ten (10) parks Marketing Division 419-627-2219 St. Louis d' Naming Rights Mark Lamplng Ca rd i n a Is Analysis a nd Preside nt Assessment 314/982-7810 Xavier v' Naming rights, John F. KuCla University premium seat ,sales Admlnlstratlve VP and commercial 513-745-3501 sponsorship City of ~ Naming Rights to Chuck Swallow Midland, TX munlcipal sports Community Serv. Dir. complex 9 !5-685-73 56 Dynegy Ma rketin-g"an~iysls Debble Fiorlto SVP, Chief Communications Officer 713-767-6018 SMG M~'~ket ~'n'aiysis ~'nd' 3os Brlglla Sponsorship/ SVP, Bus. Development Premium Seating 215-592-6656 Sales MTD Products V' Commercial Rob Moll sponsorships~ Event VP Marketin9 Management 330-225-2600 -, From: 08/81/2001 11:20 Properties Division- Ollent fleferenee8: Procter & ~ Tide racing program ~FIEI~ DlMIchele Gamble Brand Manager 513-983-0749 ~ohn Ha~ ~ Executive 3ohn Ha~ .......... General Mgr., endorsemen~ 216-420-4000 Cleve. Indians Charlle Manuel ~ ExecutiVe Charlle Manuel Field Mgr., endomemen~ ~0-420-4~00 Cleve. Indians Bernie Kosar ~ Executive Bernie Kosar Managing endorsemen~ 954-693-3772 Pa~ner, F~. Panthers and Former NFL ~ua~erback V. PRTCE PROPOSAL Revenue = Reward Compensation Structure Overview Research Assessment: The Superlative Group will design and build the naming rights campaign delivering a "blue print" to successfully complete the project. Upon completion and delivery of the research assessment, The Superlative Group will be paid $30,000.00 for its services in connection with this study. Naming Rights Bonus: we will show you how you can make more than what you pay us. The Superlative Group is successful when its clients are successful. We earn our compensation when we sell the naming rights, sponsorship or advertising programs assigned. When selling naming rights, actual increments and bonus depends upon the value of the specific property. For total revenue of internal and external naming rights programs, compensation might be: Naming Rights Revenue Up to $ ! million $1.1 - 2.0 million $ 2.1 million+ Superlative Commission Bonus of 8% Bonus of 10% of increment Bonus of 12% of increment Travel, Lodging and Entertainment: The Superlative Group will be reimbursed for pre-approved expenses incurred in connection with the project within 30 days of invoice. Marketing Materials: The Superlative Group will work with your creative choice or manage the process for you. ]:f we manage the process, we are compensated at cost plus 20%. lEG. Inc. 640 N. LaSalle Street Chicago, IL 60610 RFP #2001-34 Consulting Services for Naming Rights and/or Philanthropic Donations for the Tennis Center and Stadium Contact Person for RFP and Contract: Lowell Cantor Phone: 312/944-1727 Fax: 312/944-1897 Federal Employer Number: 36-3449784 EXECUTIVE S~RY Contact Person: Lowell Cantor Business Phone: 312/944~1727 IEG is the world's leading provider of independent res~earch and analysis on sponsorship. Founded in 1980, IEG provides propertie[ and sponsors the strategy and tools to develop successful sponsorship programs. We created and publish the industry's biweekly newsletter, IEG Sponsorship Report, as well as the industry's annual buying guide, IEG Sponsorship Sourcebook, through which we track more than 3,000 opportunities each year. We're specialists in valuation methodology, creating the benchmarks and yardsticks that have been adopted by the world marketplace. More than 250 sponsors have endorsed the lEG Valuation Service, which establishes the fair market value of any sponsorship opportunity. Launched in January 1998, the service has been used to value more than 300 properties. Venues that have used the service include: AirCanda Centre, America West Arena, Arrowhead Pond, Bayside Expo Center, Charlotte Coliseum, Florida Atlantic University Fine Arts Building, Gaylord Entertainment Center, Hollywood and Highland Theater (Academy Awards Venue), Independence Arena, Indianapolis Motor Speedway, Mall of America, MCI Center, Milwaukee Mile Race Track, Pebble Beach Resorts and Reliant Energy Stadium. Endorsers include: Charles Schwab, Citibank, EDS, FedEx, John Hancock, Miller Brewing, Nationwide Insurance, Procter & Gamble, Sprint and Visa. IEG Consulting provides properties strategic plans to develop the most marketable sponsorship packages. Property clients have included: America West Arena, ATP Tour (Men's Int'l Professional Tennis Tour), Chicago Symphony Orchestra, Cirque du Soleil, Concord Pavilion, Florida State Fair, Int'l Jet Sports Boating Association, The Kennedy Center, National Aquarium in Baltimore, NCAA (NationaI Collegiate Athletic Association), National Geo~aphic Society, National Museum of American History, Navy Pier, North American Pro Ski Tour (NAPS), Olympic Governing Bodies, Pebble Beach Company, Six Flags Theme Parks, VISIT FLORIDA and World Wildlife Fund. In addition, IEG Consulting works with sponsors on a project basis, so we understand the objectives of corporations when they enter into sponsorship agreements. Sponsor clients have included: AT&T, Banc One Corp., First Bank Syst. em, GTE, Harley-Davidson, Kraft General Foods, Leaf, MCI, MasterCard, Mercedes-Benz, Molson, Nissan, Ocean Spray, Quaker Oats (Quaker Rice Cakes), Shell Oil and T.J. Maxx. IEG Consulting approach to the City of Delray Beach RFP would involve a cost/benefit analysis performed by IEG, Inc. and the selling of the naming fights package by a sub-contractor, Performance Sponsorship Group. The cost/benefit analysis would involve detailed identification and documentation on the marketable assets of the Tennis Center and Stadium and research of naming fights deals to determine the most profitable pricing strategy. After IEG identifies the assets, we will provide a comprehensive naming fights package and apply the Valuation methodology to determine its fair market value. Using IEG's work products, Performance Sponsorship Group will solicit companies in order to secure a naming rights partner of the City of Delray Beach Tennis Center and Stadium. The process will involve presentations to the City and contract negotiations. Performance Sponsorship Group will provide a report of recommendations and findings for naming rights or philanthropic donations IEG' s Fees and Expenses for Services: · Cost/benefit analysis: $54,500 Performance Sponsorship Group's Fees and Expenses for Services: Up-front marketing materials to be used for selling: - Positioning and writing of documentation: $20,000 - Design and production of sales docum~ ent: $12,500 · Expenses related to sales process (flights, food, taxi and accommodations): $3,000 per month for the 6-month sales cycle o Per month sales fee of $10,000 for a six month term, 15% commission for cash and pre-approved in-kind savings Prepared by~ ~--'~~ Lowell Cantor, Vice President, IEG Consulting Date: 2 IEG COMPARABLE PROJECTS Charlotte Auditorium Coliseum Convention Center Authority Project: Year of Project: Location: Client Contact: Phone: Result: Valuation of Naming Rights of Independence Arena _ 1999 Charlotte, NC Ereka Crawford, Director of Marketing 704/357-4717 Sold a five year naming rights deal for $750,000 cash to Cricket Communications within 6 months of project completion Science Museum of Minnesota Project: Developed sponsorship packaging strategy Year of Project: 1998 Location: Minneapolis, MN Client Contact: Pam Nordaune Phone: 651/221-2529 · Result: Sold four year sponsorship packages to US Bank, US West, Star Tribune and Dayton Hudson for $200,000 cash 13 THE CITY OF DELRAY BEACH TENNIS CENTER AND STADIUM PROJECT OUTLINE IEG CONSULTrNG IEG Consulting will conduct an IEG Sponsorship AuditTM for the City of Delray Beach, covering the following: On-Site Inspection and Key Interviews · An IEG Consulting representative will conduct a site visit of the City of Delray Beach Tennis Center and Stadium as well as conduct in-person interviews with key staff Cost/Benefit Analysis Packaging Strategies: · Identifying the City of Delray Beach Tennis Center and Stadium's owned or '. controlled assets, e.g., venue, venue areas (tennis courts, stadium, clubhouse, pro shop, ticket windows, etc.), hospitality/seats, court time, junior and adult programs, collateral material and audience · Identifying borrowed assets that add value or potentially ambush the City of Delray Beach Tennis Center and Stadium, e.g., outside promoter events (International Tennis Championship, Chris Evert Pro-Celebrity Tennis Classic, Owl Foundation Tennis Challenge, etc.), relationship with the City of Delray Beach and the USTA, etc. · Identifying additional assets of the. City of Delray Beach Tennis Center and Stadium that can be utilized · Determining which of these assets are most marketable to potential sponsors · Analyzing methods of combining assets to maximize revenues · Establishing major sponsorship packages, e.g., naming rights, year round partners, suppliers, etc. · Identifying a discrete package for philanthropic donations to clearly outline which benefits overlap with sponsorship and which do not · Creating packages that add value, e.g., media and retail partners · Creating a list of rights and benefits for each major sponsorship package and the package for philanthropic donations · Listing of targeted sponsor categories for the naming rights package · Identifying which benefits can and can not be sold separately, creating incentives for companies to pay higher fees · Preparing summary and comparison of fights and benefits for each major sponsorship package and philanthropic donation (City of Delray Tennis Center and Stadium Project Outline-Agenda continued) Valuation: · Determine the value of naming fights and if applicable official sponsor packages of the Tennis Center and Stadium, accounting for: ~ - Tangible benefits, e.g., guaranteed media and product sampling - Intangible assets, e.g., level of audience loyalty and recognizability and positioning of marks and logos - Market factors, e.g., competitiveness of category and costs of sponsoring competing properties · Identify pricing considerations: - Premiums for locking up additional competitive categories - Methods for tying in sales or supplier rights Value of in-kind vs. cash sponsorship ~ Value of a sponsor's promotional commitment .16 (City of Delray Beach Project Outline continued) I>ERFORMANCE SPONSORSHlJP GROUP Selling of Negotiating of Naming Rights Deal · Identifying and soliciting firms willing to serve as a spo~r~sor and assessing the highest fee they are willing to pay the City of Delray Beach · Making presentations as directed by the City of Delray Beach and as may be required · Negotiating contract with sponsor for the sale of the naming rights and/or philanthropic donations of the Tennis Center and Stadium (City of Ddray Beach Project Outline continued.) lEG WORK PRovucrs Cost/Benefit Analysis IEG Sponsorship Audit Worksheets for City of Delray Beach Tennis Center and Stadium: · Assets documentation · Tennis Center and Stadium Summary and Comparison of major packages including naming fights package and for philanthropic donation: - Listing of rights and benehts for each package - List of targeted sponsor categories for naming fights, e.g., auto, credit card, etc. Pricing for Tennis Center and Stadium: · Base fee for naming fights package and if applicable major packages such as official sponsor ·IEG Valuation StatementTM for naming fights package, to be issued annually for the next four years (Note: The initial Valuation Statements will be issued approximately thirty (30) days following the Tennis Center and Stadium's sign-off on the sponsorship benefits package. In any event, the initial Statements will expire 14 months following the Audit date. A delay by the Tennis Center and Stadium in signing off on the sponsorship benefits package will not change the expiration date of the initial Valuation Statements.) PERFORMANCE SPONSORSHIP GROUP WORK PRODUCT Sponsorship Report'and Recommendations for City of Delray Beach Tennis Center and Stadium: · Proposal for naming fights package · Develop detailed final report of research, findings and recommendations for naming fights or philanthropic donations of the Tennis Center and Stadium and provide the City of Dekay Beach with five bound copies of the same as specified by the City I I 19 July 10, 2001 City of Delray Beach Purchasing Division 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: RFP #2001-34 To Whom It May Concem: lEG, Inc. (lEG) is a privately held corporation and as such does not disclose financial information, lEG's predecessor company was started approximately twenty years ago and the company has been operating ever since, lEG, Inc. has approximately fifty employees located in Chicago, Illinois where this work would be performed, and has no debt other than. normal trade payables. To the best of my knowledge, lEG has not been involved in any litigation over the course of the last ten years. Very truly yours, Chief Financial Officer PRICE PROPOSAL IEG' s Fees and Expenses for Services: Cost/benefit analysis: $54,500 Performance Sponsorship Group's Fees and Expenses for Services: Up-front marketing materials to be used for selling: - Positioning and writing of documentation: $20,000 - Desig-n and production of sales document: $12,500 Expenses related to sales process (flights, food, taxi and accommodations): $3,000 per month for the 6-month sales cycle Per month sales fee of $10,000 for a six month term, 15% commission for cash and pre-approved in-kind savings I I Innovative Marketing Group, Inc. Professional Consultants CONSULTING SERVICES FOR NAMING RIGHTS AND/OR PHILANTROPIC DONATIONS FOR THE TENNIS CENTER AND STADIUM THE CITY OF DELRAY BEACH Request for Quotation No. 2001-34 I Ill I EXECUTIVE SUMMARY Innovative Marketing Group can provide the City of Delray Beach an array of strategic consulting services to ensure that your corporate sponsorship sales for the Delray Beach Tennis Center and Stadium are successfully coordinated and executed. Market Research Our research studies can provide qualitative and quantitative information to assist in the strategic planning process. We can also complete market analysis reports to determine the state of the facility sponsorship market. These reports would-focus on · Measuring the market value of corporate sponsorship for the Delray Beach Tennis Center and Stadium from a regional and/or national perspective · Determining advertisement category assessment opportunities Developing and implementing a strategic plan to solicit sponsorships for existing and new corporate partners Valuation Services ~Sponsorship Evaluation Our valuation methodology will define and appraise the value of sponsorship opportunities for the Delray Beach Tennis Center and Stadium. We examine the following interrogatives: · What is the Value of Tangible/Intangible Benefits? · What are the Multipliers for Geographic Reach/Impact? · What is the Cost/Benefit? Sales Management/Sponsorship Execution Our sales and marketing professionals can provide the City of Delray Beach talented individuals who are experienced in successfully selling corporate sponsorship and various media advertising packages. These sales and marketing professionals can also assist in the sales program development and implementation. Creative Design Services Our marketing department can apply a broad range of marketing disciplines to define the look or image for the Delray Beach Tennis Center and Stadium. Our graphic design and digital imaging services can enhance the collateral marketing material used to articulate the excitement of the Delray Beach Tennis Center and Stadium. Technology Infrastructure/Product Evaluation Our information technology consultants can develop, implement and manage solutions utilizing the latest technologies. We can develop a strategic information system to: · Manage daily operational needs for the Delray Beach Tennis Center and Stadium · Coordinate technology requirements or specifications for the Delray Beach Tennis Center and Stadium · Manage data and digital services for the media relations center Innovative Marketing Group, Inc. Confidential and Proprietary Page 2 of 14 SPONSORSHIP CONSULTATION EXPERIENCE Client: Objective: Results: Client: Event: Objective: Results: Client: Event: Objective: Results: Southern League of Professional Baseball Clubs, Inc. Evaluate the worth of sponsorship products for two new ballparks in the league--BellSouth Park for the Chattanooga Outlooks Club and DELL Park for the Round Rock Express Club Our comprehensive valuation study identified various products and service categories for each l~allpark including naming rights, fixed panel advertisements, electronic message boards, and concourse banners. We secured approximately a half million dollars annually in revenue from corporate sponsors and advertisers. Global Productions, Inc. World High Diving Championship Series Develop strategies for maximizing corporate sponsorships and advertising revenue opportunities The championship, series is staged at various venues all over the world. Locations fire Holland, Italy, and Mexico. We introduced virtual signage and various fan experience enhancement models to each venue. Through our consultative services, Innovative Marketing assisted the property in securing three million dollars revenue by creating unique advertising and spectator displays. Ohio State University- Department of Athletics The Ohio Stadium Renovation Program Complete a market analysis assessing the facility sponsorship opportunities for the university. Identify and solicit new corporate sponsors for the stadium Our analysis report focused on assessing the market value of the stadium compared to other facilities on a regional and national scope. We identified their sponsorship and advertisement inventory. We evaluated new electronic products and displays. Additionally, we assisted the marketing department in securing one million dollars in corporate partners. Innovative Marketing Group, Inc. Confidential and Proprietary Page 8 of 14 STRATEGIC PLANNING/DEVELOPMENT APPROACH Innovative Marketing Group's team of professionals will work with the City of Delmy Beach and TCAB representatives to ensure that their objectives are met. Our team will meet with key representatives to understand the mission and to develop a strategic sponsorship plan. We believe effective planning is critical for successful execution. The Strategic Sponsorship Report will be developed using five critical steps of analysis. Develop Sales Plans Identify Industry Targets Devclop Sponsorship Grid Identify/Validate Sponsorship Levels Innovative Marketing Group, Inc. Confidential and Proprietary Page 9 of 14 Develop/Understand Goals & Objectives We believe a successful event is dependent on an understanding of the overall marketing objectives. If the objectives have been set, our professionals will partner with the City of Delray Beach and TCAB representatives to gain a thorough understanding. If the objectives have not been set, we will work together to develop Specific, Measurable, Achievable, Realistic, Timely objectives. -~ Identify/Validate Sponsorship Levels Using the objectives as a guiding principle, our professionals ~will work with the committee to identify the appropriate sponsorship levels and parameters. Develop Sponsorship Grid We will develop a grid that indicates the sponsorship levels and the terms and fights of each level. The Sponsorship Grid is a tool we use to ensure that Innovative Marketing Group; the City of Delray Beach and TCAB representatives concur with the packaging of sponsorship levels. While the terms and rights may be revised based on the specific needs of the sponsors, the grid will serve as a baseline for sponsorship discussion. Identify Industry Targets Innovative Marketing Group will collaborate with the city representatives to identify the corporations to target in the designated industry ~ectors. Develop Sales Plan The final stage of the strategic planning process is to develop sales plans for each industry target. The sales plan will be tailored to each sponsor to address the individual needs and concems. Innovative Marketing Group, Inc. Confidential and Proprietary Page10 of 14 k AGENCY SALES METHODOLOGY The sales methodology developed by Innovative Marketing Group is a nine-step process. The initial step begins after the completion of the final stage of the strategic planning phase -- Develop Sales Plans. The sales plan is the initial input for our sales methodology. ' Our sales methodology is designed so that we meet the individual needs of the sponsor through effective communication and feedback. This process is complete when the transition plan for the sponsor's products or services has been developed and we have performed our quality control review, through follow-up and research and evaluation. Our sales methodology requires that Innovative Marketing Group inform the City of Delray Beach of all necessary details throughout the process. Particularly, the authority will sign off on any deviations from the Sponsorship Grid. The City of Delray Beach will also be involved in the final contract negotiation to ensure concurrence on the details of the agreement. Conduct Follow-up Research & Evaluation Service Spgnsor Close Sale Negotiate Contract Address Sponsor's Concerns & Needs Present Sales Plan to Sponsor Make Initial Contact with Sponsor Develop Sales Approach Strategy Review Sales Plan Innovative Marketing Group, Inc. Confidential and Proprietary Page11 of 14 Plan II Assessment of Sponsorship Opportunities Scope of Work: · Evaluate thc current and potential market value of thc Delray Beach Tennis Center and Stadium (Market Research, and Product Evaluation) · Develop a strategic marketing plan · Develop/Redesign of new and existing sponsorship program (Sponsorship Evaluation) . II. Solicitation of Corporate Sponsors Scope of Work: · Develop and Implement a strategic sponsorship program · Identify and Solicit current and new corporate sponsors · Develop and Implement a transition plan for current sponsors and integrate new sponsors Consulting Fee Reimbursable' Expense Commission Fee $50,000.00 Innovative Marketing Innovative Marketing Group will be Group will also be entitled paid a commission fee of eight to reimbursable expenses, percent (8%) on all corporate These expenses will sponsorships or promotional include transportation cost, marketing contracts secured at a lodging expense and meal total gross revenue value greater expense that must be than one million dollars approved by the City of ($1,000,000). Delray Beach representative(s). The Furthermore, the commission fee is maximum per diem is two payable on all contracts that have a hundred fifty dollars financial clause or value in-kind ($250) per day. service for payment to the City of Delray Beach Termination Clause. Either party may terminate the Contract Agreement upon 30 days notice by registered or certified mail with return receipt requested, addressed to the other party. If the Contract Agreement is terminated by either party, Client shall only be liable for consulting fees earned as a result of work actually performed prior to the effective date of the termination. Innovative Marketing Group, Inc. Confidential and Proprietary Page13 of 14 proposal submitted by: Sports Marketing Consultants, Inc. Federal Employer Identification Number: 650770671 Contact & Liaison: Dawn Del Bianco in response to: CONSULTING SERVICES FOR NAMING RIGHTS AND/OR PHILANTHROPIC DONATIONS FOR THE TENNIS CENTER AND STADIUM RFP #2001-32[ 7025 Beracasa Way, Suite 105-C, Boca Raton, Florida 33433 (561) 417-8405 Fax (561) 417-8471 · E-ma~l: sochenspts@aol.com · Web S~te: www.smcsportsmarket~ng com Beverly Hills (310) 271-9239 Fax (310) 271-4039 ,, Tel Aviv: Tel/Fax 972-9-742-2929 Mobile 972-52-892-442 Executive Summary: Delray Beach Tennis Center is a f~'st-chss facility located in the downtown Dekay Beach area. The facility is visible from the highly traveled Atlantic Avenue (over one million impressions/year) as well as during sports telecasts on both cable and non-cable networks. The facility is owned by the city of Delray Beach and run by Dubin & Associates. Included in the Tennis Center layout is; 14 day courts, 7 hard courts, 19 lighted courts, an 8,200-seat stadium, a pro shop, locker room facilities, and on-site racquet sn-inging. Because the Tennis Center is a property of the dty, the naming fights sponsor would not only receive on-site visibility at the Termis Center but they may receive opportunities for additional visibility around the city of Delray Beach. These opporttmities may include charity and special events. Therefore, this opportunity would not only be a beneficial marketing outlet, but also a source of phila~athropic efforts and favorable corporate and commtmity goodwill for the naming rights parmer. Sports Marketing Consultants, Inc., a division of Interperformances Group, is a global management and marketing company that uses innovative marketing concepts to assist aspiring and professional athletes in achieving career goals. At the same time, Sports Marketing Consultants, Inc. strives to meet the ever-changing needs of its corporate clients, a unique dual perspective that allows it to emphasize a mutually beneficial approach in structuring/n~rketing and corporate endorsement and sponsorship opportunities. Sports Marketing Consultants, Inc. is an experienced, and knowledgeable sports marketing firm dedicated to developing and implementing strategic spoi'ts marketing plans, evaluating current sport programs and sponsorships, analyzing corporate objectives and industry trends, executing recommended marketing programs to ensure return-on-investment, and evaluating all sport related projects that a corporation is involved in. Therefore, Sports Marketing Consultants, Inc. is able to optimize opportunities for all corporate clients served by our experienced and dedicated marketing staff. Spor~s Marketing Consultants, Inc. is the best firm for this project not only because of the previously stated information but also because we have an office based locally in Boca Raton and professionals who are furniliur With that area and the Tennis Center in particular. We have specific experience within the tennis industry as we represent over 50 men, women, and junior players for their on and off court ventures. This agreement is primarily structured towards the u61i:,.ation of Sports Marketing Consultants, Inc. to secure a naming rights partner for the Delray Beach Tennis Center, while representing the interests of the City of Delray Beach. Sports Mu~keting Consultamts, a division of Interperfom'mnces Group, is confident that we will establish a win/win agreement between the City of Delray Beach and a suitable naming rights parmer. Because of our current merger situation, some of the requested infomaation may not be included. Any questions regarding this proposal should be directed towards Dawn Del Bianco, Marketing Accounts Representative, 7025 Bexacasa Way, Suite 105 G, Boca Raton, Florida 33433, 561.417.8405. 3 dkecdy with companies such as BMW, Blockbuster, Diadora, Nike, Foot Locker, Fila, Ray-Ban, Stenham-Gestinor, Burger King, Bank One and many more. We successfully estabhsh long-tema relationships with corporations by meticulously p~iring our clients with businesses who can best utilize their particul~r talents and skills. Because the focus of our business is to ins~e the long-term prosperity of our clients, SMC is devoted to helping every client realize his or her Ball potential as a professional athlete. SMC evaluates the potential of each athlete's commercial opportunities, including endorsements, corporate and resort affiliations, personal appearances, promotions, licensing, and merchandising. Our goal is to help every client attain his or her m~rlteting potential. Our international network of experienced marketing consultants is able to secure the very best contracts for our clients. In addition to marketing our clients, SMC creates marAeting programs and performs independent consulting for professional sports teams, businesses and organizations. Our careful research and recommendations produce measurable results such as increased attendance, brand development, maximum exposure, increased revenues, and increased market reach. Teams and businesses that want to enhance or completely overhaul their existing marketing programs know that SMC can deliver a plan of action guaranteed to capture the target audience. In August of 2000, Jaffe merged his company with Interperformances Group, resulting in a blockbuster deal with revenues estimated at half a billion dollars. SMC, Inc. now operates as a division of Interperformances Group and has expanded its corporate marketing efforts in the U.S. market in 'addition to its thriving European corporate marketing division. ; Owners & Directors See Appendix "C" ~,eSUlTles For Dawn Del Bianco and Christopher Camacho are attached in Appendix Cu~ent Status Spo~ts Markering Consultants, Inc. is not currently engaged in the sale of n.mi~g ~ights for any other entity in the State of Florida. Project Strategy: Scope of Services Facility naming fights have become an extremely popular means for corporations to receive visil~ility from, and association with, the sport industry and its fan base. The Delray Beach Tennis Center is an attractive prospect for n~rning rights because of its incredible visibility opporttmities with a great amount of market reach to many different segments. The market reach for the Delray Beach Tennis Center is quite varied. Family demographic groups are reached through events such as the OWL Challenge, Rainbow Tournament, and First Night Delray. There is a different reach from the remaining tennis events, which incorporate a higher income fan base with different leisure interests and a higher average age. Therefore, an ideal partner would be one that attempts to reach that same target market of affluent, 34-50, business men and women with a household income over $100,000 and a high disposable income. Also, those same corporations may achieve the goal of incorporating their sponsorship to the local family community. Sports Marketing Consultants, Inc. has experience in reviewing al1 aspects of an entity and marketing the entire product to suitable clients. SMC, Inc. will take irrformatiot~ regarding current naming fights issues, the information regarding the De[ray Beach Tennis Center and research possible sponsors, and cross-reference this information to establish a list of possible naming rights partners. The possible partner list will be sent information and contacted via telephone, email and facsimile. Interest w/il be determined and discussions will follow. The estimated value of the Tennis Center Naming Rights will be preliminarily set at an amount of $1,250,000 to be paid over a five-year term. Therefore, the gross amount received by the Tennis Center will be $250,000 per year for five years. This amount is based on initial goals of the Temais Center, previously requested amounts, the current market forecast and historical information regarding naming rights for other facilities. Because sponsors are becoming more sophisticated in their sport sponsorships, the facility naming fights package must be tailored to specifically meet the needs of each sponsor. Each company's goals are different in sponsoring and those goals must be realized before they can be met. In order to ~stablish a sponsor 'hit list' that will have a better success rate for finding an interested party, SMC, Inc. will research current sport sponsors locally and nationally and corporations not currently sponsoring sport who have a local presence. We will research sport sponsor books, websites, print material, etc in order to determine a best fit for a naming fights partner. Because the facility is associated with the City of Delra~r Beach, it is important to understand all stipulations established by the City as well as ancillary opportunities that may arise because of this relationship. Flexibility in utilizing vendors and service organizations will increase opporttmides for successfully determlrfing a naming rights partner but is not always necessary. Extensions offered through both the Facility and the City will increase the value of the Tennis Center. A general timeline for determining possible naming fights partners is as follows: Day~ 0-45 46-180 180-360 Action Outline Tennis Center attributes, research information on naming fights, research possible naming fights parmers, design print collateral and introduction letters and mail to prospects. Follow up with phone calls, emalls and facsimiles. Secure in- person meetings with prospects. Design presentations for prospective sponsors. Continue contacting and meeting with prospects and determine preliminary agreement guidelines. Develop a detailed report of research and recommendations. Make presentations to the City and Tennis Center representatives and negotiate an acceptable contract with prospective sponsors. lR. esearch SMC, Inc. develops global strategic parmerships with athletes, facilities, teams and major corporations to assist in creating, executing and managing worldwide marketing ~ppormnities. Our organization utili~.es the most up-to-date industry information including the TMX Sports oCponsorFact 6 Book, Franklin Covey Sports Market Place Directory, various IEG sponsorship industry books, the Street & Smith's Sports Business ]ournal and other trade magazines, miscellaneous reference materluls and Interact resource d/rectories. The Dekay Beach Tennis Center would be assigned a dedicated account representative who will utilize our various resources and experience to provide specialized expertise and capabilities that are uniquely available from SMC, Inc. With experts positioned in Italy, Tel Aviv, Australia, and the United States, SMC, Inc. helps its clients control critical sponsorship elements, ensuring that spending is effectively leveraged and integrated with their overall marketing investment. By urili~.ing the worldwide resources of SMC, Inc., we will help your organization: ~ · Develop and implement a strategic partner search plan, including tactical program execution · Evaluate possible sponsors against org~ni~.afional objectives · Provide in-depth analysis · Analyze industry trends · Negotiate the strongest possible contracts · Execute naming rights partnership to fully leverage corporate exposure and rem-on-investment Corporate sophistication in choosing sponsorships, the current state of the economy and the saturations of sport marketing opportunities are all obstacles in this naming rights partner search that must be managed properly. Also, the relationship between the Tennis Center with the City of Dekay Beach and Dubin & Associates may be helpful or a hindrance depending on how that relationship is used towards the satisfaction of the potential sponsor. Pri~e Proposal: Pre-contract - SMC, Inc. will create printed marketing collateral as a mail out piece as well as a PowerPoint presentation to be printed out. These charges will be billed to the City of Delray Beach, as they occur, on a monthly basis. All general correspondence paper and envelopes will be on SMC letterhead and supplied by SMC. The cost of marketing materials will not exceed $1,500. Post-contract- The commission schedule for SMC is as follows: * 20% commission on sponsor's gross financial commitment , 15% commission on the value of sponsor's gross in-kind commitment Once the contract has been signed by the sponsor, SMC will bill the City, based on the contract, in the following manner: within 30 days of fees due to the City by the sponsor, the City will be billed by SMC for their 20% commission. This fee must be paid within 45 days of billing or will be assessed a 5% late fee for every 30 days delinquent. This will continue for each billing period through the life of the contract. 7 In addition, there will be a 15% referral fee fo~ any company solicited by Sports Marketing Consultants, Inc., for the purpose of ~is naming rights project, and enters into any othe~ agreement regazding the Tennis Center within one year of their fiJaaI contact with Sports Mazketing Consultants, ~c. Business Information: Attached in Appendix '~B" Signature Sheet: Attached in Appendix "D" £1TY OF DELRI1Y BEI3£H DELRAY BEACH ~ 100 N.W. 1st AVENUE all-amedcaCity DELRAY BEACH, FLORIDA 33444 561/243-7000 TO: FROM: SUBJECT: David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager Agenda Item City Commission Workshop Elder Ready Committee 1993 2001 October 9, 2001 DATE: October 1, 2001 At their meeting on August 7, 2001, City Commission passed Resolution No. 48-01 supporting the Department of Elder Affairs initiative to make Florida Elder Ready; endorsing the Elder Ready Community Program and it's goal of allowing elders to maintain their dignity, security, and independence. The next step in this process is to establish a committee whose responsibility would be to complete the Elder Ready report, which is an assessment of infrastructure, programs, and the city's readiness to better accommodate senior citizens. Attached is a proposed Resolution that would establish the committee and sets forth its purpose. Included are suggestions for membership and appointments, as well as, a sunset date. The draft resolution is being brought to Commission for discussion and input. City Commission is also requested to consider if they wish to assign a Commissioner as a liaison to this committee. RAB/tas C: Lula Butler Officer Louis "Skip" Brown Fflc:u:sweency/agenda Doc:Elder Ready Committee (~ Prmted on Recycled Paper THE EFFORT ALWAYS MATTERS RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING AN ELDER READY TASK FORCE FOR THE PURPOSE OF CREATING AN ELDER READY REPORT; AND AN EFFECTIVE DATE. WHEREAS, on August 7, 2001, the City Commission of the City of Delray Beach adopted Resolution No. 48-01 supporting the Elder Ready Community Program; and WHEREAS, in order to allow elders to maintain their dignity, security and independence, communities must assess and evaluate thezr infrastructure and service programs; and WHEREAS, the City Commission of the City of Delray Beach is desirous of receiving input and assistance from a cross section of the community in developing the Assessment and Elder Ready Report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOIJJOWS: Section 1. That there hereby is established an Elder Ready Task Force, which shall prepare an assessment and report on the City's readiness to better accommodate our semor citizens and their way of life. Section 2. That the Elder Ready Task Force shall consist of fifteen (15) members with representation of Senior Citizens, the Community at Large, the Chamber of Commerce, Florida Silver Ha/red Legislature, Community Neighbors Helping, Chaplains Association, Hospitals, Pohce Department, Fire Department, and Parks and Recreation Department, with each member of the City Commission appointing three 0) members to the Task Force and the Mayor also appointing a Chairperson. Section 3. That this Task Force shall meet at a minimum of once per month. Section 4. That the City Manager shall provide necessary staff support. Section 5. That the Elder Ready Task Force shall immediately pursue it's assxgned task with a target date of accomplishing said task by November 1, 2002. Section 6. That the Elder Ready Task Force shall disband upon the discharge of it's assigned task by, November 1, 2002, unless otherwise extended by action of the C~ty Commissmn. PASSED AND ADOPTED in regular session on this the __ day of ,2001. ATTEST: MAYOR City Clerk