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03-01-05 Agenda Reg City of Delray Beach Regular Commission Meeting f/:;¡ ==::J RULES FOR PUBLIC PARTICIPATION Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Dekay Beach City Hall 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. Tuesday.. March 1.. 2005 A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. c. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Dekay Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . February 15,2005 - Regular Meeting 6. PROCLAMATIONS: A. Recognizing and commending Tom Kwiatek - Administration/Recreation Division - Parks and Recreation Department Employee of the Year for 2004, and Jo Wagenhals - Ocean Rescue Division and Jesse Melendez - Parks Maintenance Division as Parks and Recreation Top Employees of the Year 2004 B. Recognizing Lucille and Johnnie Jones' 75th Wedding Anniversary 7. PRESENTATIONS: . Old School Square Parking Garage Presentation, PGAL/Eliopoulos 8. CONSENT AGENDA: City Manager Recommends Approval. A. ACCEPTANCE OF RIGHT-OF-WAY DEED/136 N.E. 1ST AVENUE: Approve and accept a right-of-way deed associated with the Ferrara Duplex, located at 136 N.E. 1st Avenue. B. AMENDMENT TO THE 2002 SUBGRANT AGREEMENT/STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES: Approve an amendment to the 2002 Subgrant Agreement with the Florida Department of Financial Services to accept a light duty rescue vehicle valued at $69,587.00 and Hazardous Materials Sustainment Funds in the amount of $10,363.91 for equipment replacement, instrument testing, and calibration. C. SERVICE AUTHORIZATION NO. 04-01/HAZEN AND SAWYER.. INC.: Approve Service Authorization No. 04-01 to Hazen and Sawyer, Inc. in the amount of $22,932.00 for the design and preparation of construction documents for adding an additional lane on N .E. 4th Street between N .E. 5th Avenue and N .E. 6th Avenue. Funding is available from 448-5461-538-65.31 (Storm Water Utility Fund/N.E. 4th Street - N.E. 5th Ave. to N.E. 6th Ave.). D. RESOLUTION NO. 7-05: Approve a resolution to set the public hearing date for the Seacrest/Del-Ida Special Assessment District Final Assessment Roll. 03-01-2005 - 2 - E. BIOLOGICAL MONITORING ACTIVITIES: Approve Biological Monitoring Activities to be conducted by Coastal Planning and Engineering in the amount of $192,817.00 in association with the upcoming beach renourishment activity. Funding is available from 332-4164-572-31.30 (Beach Restoration Fund/Engineering/Architect). F. EXPANDED SEA TURTLE MONITORING ACTIVITIES: Approve expanded Sea Turtle Monitoring Activities in association with the upcoming beach renourishment activity in the amount of $38,750.00 per year through the year 2007. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund/Other Contractual Services) . G. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $17,000.00 to allow the applicant to secure new financing. H. SITES SURVEY/GAl CONSULTANTS.. INC./OLD SCHOOL SOUARE HISTORIC ARTS DISTRICT (OSSHAD): Consider approval to proceed with the Old School Square Historic Arts District (OSSHAD) Sites Survey Task and approve an agreement with GAl Consultants, Inc. in the amount of $15,000.00. Funding is available from 001-2511-515-31.90 (General Fund/Other Professional Services). I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 14, 2005 through February 25, 2005. J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Florida Bullet in the amount of $17,030.50 for the purchase of ammunition for training, new hire and annual qualifications, and mandatory tactical training for the Police Department. Funding is available from 001-2111- 521-52.20 (General Fund/General Operating Supplies). 2. Bid award to Red Wing Shoe Store at an estimated annual cost of $31,900.00 via the City of Pompano Beach Bid #H-24-05 for the purchase of safety shoes for City Employees. Funding is available from various departments' operating expense budgets. 3. Purchase award to Clarke Waste Systems, Inc. in the amount of $25,050.00 for the purchase of an Applied Green Machine Sidewalk Sweeper Model 424 RS. Funding is available from 119-4144-572-64.90 (Beautification Trust Fund/Other Machinery /Equipment). 9. REGULAR AGENDA: A. I-NET AGREEMENT / ADELPHIA CABLE COMMUNICATIONS: Consider approval of an agreement with Adelphia Cable Communications to provide fiber optic service to City facilities. 03-01-2005 - 3 - B. WAIVER REOUEST /3725 LONE PINE ROAD: Consider a waiver request to waive Land Development Regulations (LDR) Section 6.1.4(C)(2), "Maximum Width", to allow an increase in driveway width at 3725 Lone Pine Road. (Quasi-Judicial Hearing) C. REOUEST TO LEASE PARKING SPACES/CAFFE LUNA ROSA: Consider a request from Caffe Luna Rosa to lease forty (40) parking spaces at a rate of $30.00 per space per month in the Gleason, Sandoway and Ingraham Parking Lots; and authorize staff to draft an agreement and create dashboard passes. Caffe Luna Rosa is located at 34 South Ocean Boulevard. D. AGREEMENT /R&S INTEGRATED PRODUCTS AND SERVICES.. INC.: Consider approval of an agreement with R&S Integrated Products and Services, Inc. in the amount of $22,995.00 for the EasyAgenda Software including support and upgrades. Funding is available from 001-1411-512-66.10 (General Fund/Software) and 001-1411-512-46.90 (General Fund/Other Repair/Maintenance Costs). E. PURCHASE AWARD/PROSYS INFORMATION SYSTEMS: Consider approval of a purchase award to ProSys Information Systems in the amount of $487,977.00 via Florida State Contract #250-000-03-1 for the purchase of 133 Panasonic CF-29 replacement laptops. Funding is available from 334-6112-521-64.11 (General Construction Fund/Computer Equipment). F. AMENDED AND RESTATED AGREEMENT /DELRAY MERCHANT'S ASSOCIATION/SOUL OF DELRAY: Consider approval of the amended and restated agreement between the City and the Delray Merchant's Association for the repayment of funds owed to the City for the 2002 Celebrate the Soul of Delray Event. G. CULTURAL LOOP COMMUNITY CHAIR PROJECT: Consider approval of the Cultural Loop Community Chair Project and installation of the chairs on City owned property. H. ALTERNATE SITE/CITY STORAGE FACILITY: Environmental Services staff will present an alternate site for the City's storage facility. I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) regular member to the Board of Adjustment for an unexpired term ending August 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner Costin (Seat #1). J. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board for an unexpired term ending January 14, 2007. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). 03-01-2005 - 4 - K. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority for an unexpired term ending July 1, 2005. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). L. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) At Large Representative to the Neighborhood Advisory Council for an unexpired term ending October 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). M. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two (2) alternate members to the Nuisance Abatement Board for unexpired terms ending March 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). N. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to the Parking Management Advisory Board to represent the Atlantic Avenue and State Road A lA corridors lying east of the Intracoastal Waterway for a term ending January 31, 2006. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat #2). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 10-05: An ordinance repealing Chapter 93, "The City of Delray Beach Cable Television Ordinance", in its entirety and replacing it with a new and updated Chapter 93 to allow the ordinance to appropriately mesh with the proposed franchise agreement with Adelphia. B. FRANCHISE AGREEMENT/ADELPHIA COMMUNICATIONS CORP.: Consider approval of a Franchise Agreement with Adelphia Communications Corp. which will renew the City's cable &anchise with Adelphia for a ten (10) year period. C. ORDINANCE NO. 5-05: City initiated amendment to Land Development Regulations (LDR) Section 6.3.3, "Sidewalk Café", to strengthen requirements to mitigate issues and concerns identified in the Clean and Safe Committee studies of the downtown area. D. ORDINANCE NO. 6-05 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) 4.4.5 "Low Density Residential (RL) District", enacting performance standards and providing for recreational areas for multi-family developments to mitigate the impacts of additional density from a base density of three (3) units per acre to a maximum of six (6) units per acre and changing review of site plans from the Planning and Zoning Board to the Site Plan Review and Appearance Board or the Historic Preservation Board. If passed, a second public hearing will be scheduled for March 15, 2005. 03-01-2005 - 5 - E. ORDINANCE NO. 11-05 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations Section 2.4.4(E), "Expiration of Approvals", to provide for a longer expiration period for Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary Subdivision Plats. If passed, a second public hearing will be scheduled for March 15, 2005. F. ORDINANCE NO. 9-05: An ordinance amending Section 36.05 of the City Code, "Bidding Procedures", clarifying the use of Construction Management at Risk Contracts; amending Section 36.11 "Definitions", to provide that the City may use a Construction Manager at Risk Contract on construction projects. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: . NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: FEBRUARY 25, 2005 03-01-2005 - 6 - CITY COMMISSION CITY OF DELRAY BEACH.. FLORIDA REGULAR MEETING - TUESDAY.. MARCH 1.. 2005 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 8. CONSENT AGENDA K. CONTRACT ADDITION (CHANGE ORDER NO. 2)/ASPHALT CONSULTANTS.. INC: Approve a Contract Addition (Change Order No.2) between the City and Asphalt Consultants, Inc. in the amount of $91,065.00 for additional services associated with the replacement of an existing water main as part of the NW/SW 5th Avenue Beautification Project. Funding is available from 442- 5178-536-65.83 (Water & Sewer/Renewal/ReplacementINW/SW 5th Avenue). ******************************************************************************** Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. FEBRUARY 15. 2005 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 15,2005. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend William Stokes, S1. Paul's Episcopal Church. 3. gIven. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman noted the addition of Item 9.N., Fundin2 Request First Ni2ht International Conference. to the Regular Agenda by addendum. Mr. Costin moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of February 1, 2005, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to approve the Minutes of the Special Meeting of February 8, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recoenizine Rotary International- 100th Anniversary Mayor Perlman read and presented a proclamation recognizing February 23, 2005, as Rotary International Day. Betsy Owen, Assistant Governor (District 6930, Area 2), Leo Phillips (Delray Beach - Noon), President Elect, and Fred Kadin, President, (Delray Beach - Sunrise) came forward to accept the proclamation. Mayor Perlman also welcomed and recognized the Rotarian Group Study Exchange (GSE) Team. 6.B. Recoenizine Black History Month - February 2005 Mayor Perlman read and presented a proclamation hereby proclaiming the month of February, 2005 as Black History Month. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 7. PRESENTATIONS: None. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROV ALII & D CORPORATION OF SOUTH FLORIDA PLAT: Approve the minor subdivision I & D Corporation of South Florida Plat, the property is bounded by N.W. 2nd Street and the CSX Railroad. 8.B. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $24,517.50 to Tommy Preston (805 S.W. 3rd Street). Funding is available from 118-1963-554-49.19 (Community Development Block Grant (CDBG) ProgramlHousing Rehabilitation). 8.C. RATIFICATION OF THE OLD SCHOOL SQUARE BOARD OF DIRECTORS FOR 2005: Approve and ratify the proposed slate of Directors for the Old School Square Board for 2005. 8.D. SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a request for special event approval to allow the Easter Sunrise Service to be held March 27,2005 from 5:30 a.m. until 7:30 a.m., including a temporary use pennit per LDR Section 2.3.6(H) for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar, the use of the pavilion, staff support for traffic control, barricading, and EMS assistance on behalf of the Delray Beach Clergy Association. 8.E. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve a special event request to allow the 7th Annual Cinco De Mayo Fiesta to be held Saturday, - 2- 02/15/05 May 7, 2005, from 11 :00 a.m. until 10:00 p.m. at Old School Square, granting a temporary use permit per LDR Section 2.4.6(H) for the closure of the north end ofNE 1st Avenue, and authorize staff support for traffic control and security, trash removal, barricade set up, signage and waiver of LDR Section 4.6.7 (F)(3)(j)(ii) to allow the installation of event signage no earlier than April 27, 2005; contingent upon sponsor providing a hold harmless agreement, a certificate of liability insurance, and liquor liability insurance with conditions for serving alcoholic beverages and site fencing. 8.F. AGREEMENT/PALM BEACH COUNTY/SOUTH COUNTY COURTHOUSE GARAGE: Approve a License Agreement between the City and Palm Beach County for the utilization of the South County Courthouse Garage on weekend evenIngs. 8.G. AGREEMENT/PARKING PROS: Approve an agreement with Parking Pros to operate the South County Courthouse garage on weekends. Funding is available from 001-3151-545-34.90 (General Fund/Other Contractual Services). 8.H. TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve the renewal of sea turtle monitoring services with Dr. John Fletemeyer in an amount not to exceed $14,800.00 for 2005 and $16,300.00 for 2006. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund). 8.1. 2002 PALM BEACH COUNTY RECREATION/CULTURAL FACILITIES BOND-INTRACOASTAL WATERWAY PARK INTERLOCAL AGREEMENT: Approve an Interlocal Agreement with Palm Beach County that provides reimbursement to the City in an amount not to exceed $1,000,000.00 for funding of the development of the Intracoastal Park Project. The City must expend $1,152,240.00 before the County will provide reimbursement to the City from the 2002 Recreation and Cultural Facilities Bond Issue. 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 31,2005 through February 11,2005. 8.K. AWARD OF BIDS AND CONTRACTS: L Contract award to Overholt Construction Corporation in the amount of $865,109.00 for the construction of the Delray Swim and Tennis Center Clubhouse Project. Funding is available from 380-4150-572-62.60 (2004 G.O. Bond/Delray Swim and Tennis) and 117-4133-572-63.90 (Recreation Impact Fee/Other Improvements). 2. Purchase award to Special Products Group, Inc. in the amount of $23,060.50 via the City of Boynton Beach Bid #062-1412-03/CJD for the purchase of uniforms for the Fire Department. Funding is available from 001-2311-522-52.22, 001-2313-522-52.22, 001- 2315-526-52.22, and 001-2317-522-52.22 (Uniforms/Linen). - 3 - 02/15/05 3. Purchase award to Atlantic & Southern Equipment, LLC in the amount of $99,315.00 for the purchase of one (1) Single Axle Chassis Boom Truck for the Water & Sewer Network Division. Funding is available from 441-5161-536-64.25 (Water/Sewer Fund/Heavy Equipment). 4. Contract award to Hardrives, Inc. in an amount not to exceed $60,000.00 for the excavation, hauling, and disposal of excess lime sludge from the sludge overflow lagoon at the Water Treatment Plant. Funding is available from 442-5178-536-65.30 (Water/Sewer Fund/Lagoon Service Drive). 5. Contract award to The Hartford for Life Insurance and CIGNA (LTD) for Long Term Disability Insurance to be effective March 1, 2005. 8.L. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan Election to be held on March 8, 2005. 8.M. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $17,250.00 to allow the applicant to secure new financing. Mr. Costin moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/FIRST AVENUE TOWNHOMES: Consider a request for conditional use approval to allow the density to exceed 30 units per acre (38.8 dwelling units per acre proposed) and a building height in excess of 48' (58' 4" proposed) within the CBD (Central Business District) for First Avenue Townhomes, a proposed residential development consisting of 46 townhomes and condominiums, located on the east side of S.E. 1 st Avenue, approximately 76.5' south of S.E. 1 st Street. (Quasi-Judicial Hearing) Mayor Perlman read into the record the procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he had a conversation with Mr. Weiner. Ms. - 4- 02/15/05 McCarthy stated she too had a conversation with Mr. Weiner. Mayor Perlman stated he had a meeting with Mr. Weiner and the applicant. Mr. Costin had no ex parte communications to disclose. Mrs. Archer stated she had a meeting with Mr. Weiner. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-041 into the record. Mr. Dorling stated the development proposal consists of the demolition of four existing single-family residences; the construction of two (2) three-story townhouse structures along S.E. 1 st Avenue consisting of 16 townhomes with rear loaded two-car garages; construction of a five-story condominium building along the alley abutting the east side of the property containing 30 condominiums. The first level of the condominium building will consist of a 57 space parking garage with loading area, refuse area, and entrance lobby for the condominium building. Conditional use approval has been requested to allow a density in excess of 30 units per acre (38.8 du/ac is proposed) and to allow for a building height for a portion of the east condominium building of up to 60' (58' - 4" is proposed). At its meeting of January 13, 2005, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval of the conditional use requests. At its meeting of January 10, 2005, the Downtown Development Authority (DDA) reviewed the development proposal and recommended approval of the conditional use requests. At its meeting of January 24, 2005, the Planning and Zoning Board held a public hearing and there was significant discussion about the appropriateness of approving two conditional uses on the property. After their deliberations, the Board moved a recommendation of approval for the conditional use request to allow for a building height of 58' - 4" on a vote of 4-0 (Pike stepped down, Kincaide absent) and the Board also moved a recommendation of approval for the conditional use request to allow for a density of 38.8 du/ac; however, the motion failed on a vote of2-2 (Borchardt and Walker dissenting, Pike stepped down, Kincaide absent). Jason Mankoff, Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, representing 169 Delray, LLC (applicant), gave a brief presentation regarding this project. Mr. Mankoff stated the performance standards have been met and staff makes a positive finding with each conditional use. Francisco Perez-Azua, Architect, showed details of the project and explained how the applicant meets the performance standards for additional density and requirements for additional height. He stated they designed a 3-story product in order to show respect of the OSSHAD District. Mr. Mankoff stated the applicant agrees with all the conditions of approval and requests the approval for the height and the density. Mayor Perlman stated if anyone would like to speak In favor or In opposition of the conditional use request, to come forward at this time. - 5 - 02/15/05 Brian Luce, 124 S.E. 2nd Avenue, Delray Beach, (tenant) stated he is the business owner right next door and commented that 100% of his business uses the alley. Mr. Dorling made clarification to Condition #8 and stated this should read as follows; "That light poles and fixtures consistent with those along West Atlantic Avenue are installed adjacent to the subject property along SE 1st Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures;" Mr. Mankoff stated they have no problem with this and widening the alley is one of the conditions of approval. In addition, he distributed two letters of support for this proj ecl. Mayor Perlman stated at the Workshop meeting the Commission briefly discussed that they are not going to pennit street closures for construction. Brief discussion followed between staff and the Commission. Mr. Costin moved to approve the conditional use request to allow for a building height in excess of 48' (58'-4") for First Avenue Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 of the Land Development Regulations, subject to the conditions listed on page 16 & 17 as modified by Mr. Dorling (as referenced above regarding Condition #8), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to approve the conditional use request to allow for a density in excess of 30 units per acre (38.8 du/ac) for First Avenue Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the LDR's, subject to the conditions listed on page 16 & 17 as modified by Mr. Dorling (as referenced above regarding Condition #8), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REOUEST/CONGRESS PARK OFFICE CONDOMINIUM: Consider a waiver request to waive Land Development Regulations (LDR) Section 4.4.15(F)(3), "Development Standards", to allow that the architecture of the proposed building not be integrated with the architecture of the other buildings in the office park for Congress Park Office Condominium, located on the west side of South Congress Avenue, approximately 1,000 feet south of West Atlantic Avenue. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. - 6- 02/15/05 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Project file #2005-039 into the record. Mr. Dorling stated on January 12, 2005, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan, landscape plan, and architectural elevations associated with the construction of a 2-story 20,385 square foot professional office building to be known as Congress Park Office Condominium. Mr. Dorling stated pursuant to LDR Section 4.4. 15(F)(3), any free standing structure shall have a minimum floor area of 4,000 square feet and shall be architecturally integrated with other structures within the overall Planned Office Center; and shall have direct access to and from other portions of the POCo The proposed architectural elevations are not architecturally integrated with other existing structures in the office park. The applicant has requested that a waiver be granted to LDR Section 4.4. 15(F)(3). The proposed office building is a stand alone structure and is fronting Congress Avenue. Because the building is located on an out-parcel at the isolated northeast comer of the office park and is not separated from Congress Avenue by a parking lot the proposed structure is more a part of Congress Avenue streetscape. The Site Plan Review and Appearance Board (SPRAB) considered the requested waiver and concluded that the proposed office building should be considered a stand alone structure not to be architecturally integrated with other existing structures in the office park. The Board also concluded that given the conditions under which this waiver was being requested, it was reasonable to believe that the waiver would be granted elsewhere under similar circumstances. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Staff also recommends approval. Juan Riesco, 500 S.E. 15th Street, #118, Fort Lauderdale, FL 33316 (architect), stated he is present this evening to answer any questions the Commission may have. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to come forward at this time. Ms. McCarthy moved to approve the waiver request to waive LDR Section 4.4.15(F)(3) that the proposed free standing office building shall not be architecturally integrated with other existing structures in the office park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the LDR's, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.C. CONDITIONAL USE EXTENSION REQUEST/SAFE AND SECURE: Consider an extension request of the conditional use approval to allow the establishment of a self storage facility and a wholesale storage facility for Safe and - 7 - 02/15/05 Secure, located on the west side of North Federal Highway, approximately 890 feet south of Gulfstream Boulevard (2512 North Federal Highway). (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2003-129 and #2003-301 into the record. Mr. Dorling stated on April 15, 2003, the City Commission approved an amendment to the LDR's to add "Self Service Storage Facilities" as a conditional use in the GC (General Commercial - North Federal Highway Overlay District) along with specific development requirements. At its meeting of September 9, 2003, the City Commission unanimously approved the conditional use to establish a self-service storage facility and a wholesale storage facility which was to be a 4-story 140,324 square foot structure that will contain 127,129 square foot self service storage facility, 926 square feet of attendant self service storage office space, 5,810 square feet of retail floor, 5,459 square feet of warehouse/storage area, and 1,000 square feet of attendant warehouse office area. At its meeting of December 17, 2003, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for the proposed development. The site plan approval is set to expire on June 17, 2005. The conditional use approval is set to expire on March 9, 2005 and an 18-month extension is now requested. Pursuant to LDR Section 2.4.4(F)(I), extensions may be granted to a previously approved development application, pursuant to the following conditions listed on page 2 of the Planning and Zoning staff report. Jason Mankoff, Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach (representing the applicant), stated they agree with staff and one of the key reasons they were slowed down was due to both hurricanes in September 2004. He stated the site plan will be revisited in March 2005. Mayor Perlman stated if anyone from the public would like to speak in favor or is opposition of the conditional use extension request, to come forward at this time. Mrs. Archer moved to approve the request for an extension of the conditional use approval for a self storage facility and a warehouse/storage facility for Safe and Secure, by adopting the findings of fact and law contained in the attached staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.4(F), and Chapter 3 and Section 2.4.5(E)(5) of the LDR's with said approval to be valid for an additional 18 months (expiring September 9, 2006), seconded by Ms. McCarthy. Upon roll call the - 8 - 02/15/05 Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.D. APPEAL OF PLANNING AND ZONING DIRECTOR'S INTERPRETATION/RENAISSANCE INSTITUTE: Consider an appeal of the Planning and Zoning Director's interpretation regarding acceptance of the Renaissance Institute's Conditional Use application. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he had a conversation with Mr. Weiner. Ms. McCarthy, Mayor Perlman, Mr. Costin, and Mrs. Archer had no ex parte communications to disclose. The City Attorney outlined a few sections of the City Code for the Commission to consider. She stated she agrees this item is listed correctly on the Agenda as an Appeal regarding the Planning Director's acceptance of the project. She reiterated that this should not be an appeal of the Planning and Zoning Director's interpretation of a particular section of the Code because Section 4.3.3 for special uses such as this the interpretations should first be presented to the Chief Building Official. The City Attorney continued to discuss the interpretation of the sections and the conditions of the Code. She stated she feels it is appropriate for the Planning and Zoning Director to require a sketch plan so that he can make a determination to evaluate the development proposal. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-329 into the record. Paul Dorling, Director of Planning and Zoning, stated this conditional use application was initially submitted on July 2, 2004. The application was severely deficient with respect to the basic information and was not accepted for processing (letter of July 9, 2004). Five months later on December 1, 2004 the application was resubmitted. An application sufficiency review was again conducted and the application was found to be lacking key information necessary for the analysis of the request, deemed incomplete and not accepted for processing. The application lacked specific information germane to the conditional use including basic information with respect to sealed surveys and copies of warranty deeds. Mr. Dorling stated it also did not contain a sketch plan which showed the resolution of common open space nor what if anything was going to happen to the kitchens. Staff recommends denial of the appeal and request that the applicant submits all of the information including the basic information and the sketch plan information so that staff can take a proper look at this application. Jason Mankoff, Weiner & Aronson, P.A. 102 N. Swinton Avenue, Delray Beach (representing the applicant), stated they reserve all rights and the applicant will - 9- 02/15/05 submit the application leaving the kitchens as they are and everything else will be submitted as requested in the letter. The City Attorney stated Mr. Weiner cannot reserve the rights to appeal in this instance because the appeal is not "ripe". Mayor Perlman asked if anyone from the public would like to speak in favor or in opposition of the appeal, to come forward at this time. Mr. Levinson moved to approve the appeal, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No. Said motion was DENIED with a 5 to 0 vote. At this point, the time being 7:14 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. to. PUBLIC HEARINGS: to.A. ORDINANCE NO. 7-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) Appendix "A", Section 4.3.4(K), "Development Standards Matrix", and Section 4.4.6, "Medium Density Residential (RM) District", modifying the development standards in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan. Prior to consideration of passage of Ordinance No. 7-05 on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 7-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX"; SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" AND APPENDIX "A", "DEFINITIONS", IN ORDER TO IMPLEMENT PROVISIONS OF THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN REGARDING DENSITY AND USES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 7-05 is on file in the City Clerk's office. ) - 10- 02/15/05 Mr. Levinson stepped down from the dais. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this LDR amendment is to modify the development standards for the RM (Medium Density Residential) zoning district in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan. In order to realistically accommodate the densities of up to 24 units to the acre, some of the development standards in the RM District need to be modified. The proposed amendment reduces the current setback requirements: (1) the front and side street setbacks will be reduced from 25' (1 & 2 story) and 30' (3 story) to 15'; (2) reduces the side interior setback from 15' (1 & 2) story to 10' and from 30' (3 story) to 15'; (3) reduces the rear setback from 25' to 10'. At their meeting of January 24, 2005, the Planning and Zoning Board held a public hearing regarding this item and the Board voted 5-0 vote (Kincaide absent) to recommend approval of the proposed amendment as proposed by adopting the findings of fact and law contained in the staff report. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 7-05, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 7-05, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 6-05 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) 4.5.5 "Low Density Residential (RL) District", enacting performance standards and providing for recreational areas for multi-family developments to mitigate the impacts of additional density from a base density of three (3) units per acre to a maximum of six (6) units per acre and changing review of site plans from the Planning and Zoning Board to the Site Plan Review and Appearance Board or the Historic Preservation Board. If passed, a second public hearing will be scheduled for March 1, 2005. Prior to consideration of passage of Ordinance No. 6-05 on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 6-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT - 11 - 02/15/05 REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTION 4.4.5(A), "PURPOSE AND INTENT", TO CLARIFY THE APPLICABLE COMPREHENSIVE PLAN SECTION; AMENDING SUBSECTION 4.4.5(H), "SPECIAL REGULATIONS", PROVIDING A MEANS TO INCREASE DENSITY IN THE RL DISTRICT AND TO PROVIDE FOR RECREATIONAL AREAS FOR MULTI- F AMIL Y DEVELOPMENTS; ENACTING SUBSECTION 4.4.5(1), "PERFORMANCE STANDARDS", TO MITIGATE THE IMPACTS OF ADDITIONAL DENSITY BOTH INTERNAL AND EXTERNAL TO THE SITE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of I?elray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this amends the RL (Low Density Residential) zoning district to provide for a range in densities from a minimum of three (3) units per acre to a maximum of six (6) units per acre. The proposed amendment would create a set of 7 performance standards that must be met in order to increase density beyond the minimum, which is intended to lessen the impact of the additional density. In addition, the standard for recreational amenities has been amended to require that facilities be provided for children of all ages. Positive findings can be made with respect to LDR Section 2.4.5(M)(5), as the proposed text amendment will further the Goals, Objectives, and Policies of the Comprehensive Plan. At its meeting of January 24, 2005, the Planning and Zoning Board held a public hearing regarding this item and the Board voted 5-0 (Kincaide absent), to recommend approval of the proposed amendment. At its meeting of January 27, 2005, the Community Redevelopment Agency (CRA) Board reviewed and recommended approval of the proposed text amendment. At its meeting of February 2, 2005, the Historic Preservation Board (HPB) reviewed and recommended approval of the proposed text amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 6-05, the public hearing was closed. - 12- 02/15/05 Mr. Costin moved to approve Ordinance No. 6-05 on First Reading/First Public Hearing, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 8-05: An ordinance amending Chapter 96 "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", by enacting a new Subsection 96.16(B)( 6), to clarify that prior verification of fire alarms is prohibited. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 8-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY ENACTING A NEW SUBSECTION 96. 16(B)(6), TO CLARIFY THAT PRIOR VERIFICATION OF FIRE ALARMS IS PROHffiITED; PROVIDING, A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 8-05, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 8-05 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. - 13 - 02/15/05 11.A. City Manaeer's response to prior public comments and inauiries. With regard to concerns expressed by Mr. Gray about issues in the Delray Shores area, the City Manager stated the District Commander for the Police Department contacted him on Thursday, February 3rd and has had further conversations with him. The Police Department has contacted the new property owner of the plaza and explained in detail the problems providing copies of consuming and trespassing laws and received his commitment to work with staff on these problems. The Code Enforcement staff was brought in and the owner will be replacing sidewalks and cleaning up the property. Two abandoned vehicles were towed off the property and the new owner sent through his attorney a letter to all lessees explaining his expectations. Mr. Gray has been contacted on several additional occasions and has indicated he is pleased with the City's efforts. During the daytime, Officer Horrell is the lead Officer and in the evenings Officer Silvennan is the lead Officer. The Police Department is doing extra patrols in the area and any observed violations are being immediately dealt with. The City Manager stated the least cooperative in this effort has been the convenience store and staff is applying appropriate pressure to gain his compliance. 11.B. From the Public. None. At this point, the Commission moved back to Item 9.E. of the Regular Agenda. 9.E. R.A.C.E. RELATIONS REPORT: Consider approval of the final report representing Phase 1 and some of Phase 2 of the R.A.C.E. Initiative as presented by consultant, Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor. Sam E. Mathis, Jr., gave a brief presentation regarding the final report representing Phase 1 and some of Phase 2 of the R.A.C.E. Initiative. Mr. Mathis discussed community unity, maintaining a proactive approach, and protecting valuable assets and maintain the outstanding reputation as an "All America City". He briefly reviewed the various dimensions of diversity including race, national origin, age, religion, disability, etc. and the historic significance regarding race. Mr. Mathis stated he personally conducted one-on-one interviews with over thirty stakeholders in the community. In addition, Mr. Mathis stated he conducted two Town Hall meetings and presented a very productive effort to embrace community input. He stated with the support of staff they had great publicity around the planning of the meetings. He stated what has been pulled together is fuel and a foundation for the heavy lifting at this point. He explained the report has basically three parts; the first part being the introduction (includes background, scope of work and methodology); the second portion of the report includes the demographic and stakeholder assessment; and the last part of the report is the concluding recommendations. Mr. Levinson stated the report is great and feels the most critical piece is on the last page where it reads: "Implementation of a Strategic Plan Approach to allow - 14- 02/15/05 and encourage participation". Mr. Costin concurred with comments expressed by Mr. Levinson and feels this is a great exercise. Mrs. Archer stated she is very impressed with the report and is anxious to move forward. Ms. McCarthy stated this is a wonderful testament to a multitude of people who have been here before us and who are among us today. Secondly, she stated the report is a powerful instrument and the data that has been collected is a tool to be used because the education needs to be funneled to people who live here. Mayor Perlman stated he is very proud of the report and stated this is the first step to a long journey. He stated the next most important step is to fonnulate a vision of where we want to see this go and feels this needs to be defined. Mayor Perlman stated the most important thing is dialogue and a safe place in which to talk about all of these issues without fear. He feels this will help find the commonalities which will break down a lot of the barriers and find where the real progress is if we can get the issues out on the table. He stated he feels it all starts with honest conversation and a commitment to this. Furthennore, he emphasized how important the vision is and commented the guiding philosophy in Delray has been not being reactive to particular problems that come along. He would like to see a staff analysis of the report in order to see what they feel about the recommendations and the conclusions. Mr. Levinson concurs with comments expressed by Mayor Perlman and encouraged him to participate with this discussion because it is such a significant issue. It was the consensus of the Commission that staff and Mayor Perlman be included in the analysis of the report. Mr. Levinson moved to approve staffs recommendation with the inclusion of staff and Mayor Perlman, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/JEG ASSOCIATES" INC.: Consider approval of an Interlocal Agreement with the Community Redevelopment Agency (CRA) and lEG Associates, Inc. in the amount of $70,000.00 for services associated with the implementation of the Southwest Area Neighborhood Plan. The CRA will fund $40,000.00 with the remaining balance funded from year two of the MacArthur Grant. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor McCarthy and left the dais. - 15 - 02/15/05 Lula Butler, Director of Community Improvement, stated this is an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for the services with Joe Gray of JEG Associates for the period of March 1, 2005 through February 2006. The agreement governs services associated with the implementation of projects associated with the Southwest Area Neighborhood Plan. The total cost is $70,000 with the CRA to fund $40,000 with the remaining balance being funded from year two of the MacArthur Grant. Mr. Levinson moved to approve the Interlocal Agreement between the City and the CRA and JEG Associates, Inc. in support of the Southwest Area Neighborhood Redevelopment Plan, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.G. I-NET AGREEMENT/ADELPHIA CABLE COMMUNICATIONS: Consider approval of an agreement with Adelphia Cable Communications to provide fiber optic service to City facilities. The City Attorney stated there is an ordinance on the Agenda this evening for a first reading which is changes to the cable ordinance. She stated additional language has been agreed to; however, is not yet before the Commission because this was decided late today. At this point, Mayor Perlman returned to the dais. Joseph Safford, Finance Director, stated the I-NET Agreement is the agreement between the City and Adelphia Cable whereas Adelphia is going to provide fiber optic hardware connections to remote City sites that are not currently connected with fiber. He stated the most efficient way is to have the site on the City's network and backup from a central location. He stated backup is a very important issue when it comes to the reason that we want to hardwire connect all City sites. If these areas are not connected to the City's system, staff would have to manually go out to the locations and update each piece of equipment. Mr. Safford stated another big element of completing this network of fiber optics to all locations is system security. Currently, the City experiences some problems with the both the DSL connections and the wireless connections. Mr. Safford stated the best system would be an underground fiber optic network to all the City sites which would give the City unlimited capability in the future. However, he stated this is very cost prohibitive and is not cost effective. Mr. Safford stated staff recommends leasing the fiber optic network at the costs that have been provided by Adelphia. Mr. Levinson stated he disagrees with staff regarding the bandwidth. He stated the I -NET Agreement needs to be concurrent with the franchise agreement and the final reading of the cable ordinance. He suggested that the Commission table this agreement. - 16 - 02/15/05 The City Attorney stated this agreement cannot be intertwined with the franchise agreement. She stated most of the issues that were raised have been worked out and she briefly discussed some clarifications. Mr. Levinson stated this is not a mission-critical network; this is a commercial network. He stated even though it is dedicated piece of fiber it runs along the poles and fibers that everybody else has. He expressed concern that the most critical time that this will be needed is when the highest percentage of likelihood that it will be out. Mayor Perlman stated the technology changes so rapidly and what seems to be substantial today becomes irrelevant tomorrow. He asked if there is a remedy in place for this. The City Attorney stated staff cannot make any changes to the liability schedule. If the City would like to get out of this agreement up to the third year the City would have to pay 100% of the reoccurring costs and it decreases by 10% each year. Kathy Hutton, Adelphia, stated in this agreement Adelphia is providing DIM fiber to the City and the City will provide the electronics. She stated if the City would prefer a five-year agreement the pricing would change. Mayor Perlman referenced the consultants' report and stated the recommendation is that long-term the City should be in ownership of the network which would be very costly at this time; however, this may be something the City can work towards over a 5 or 10 year period if there is enough time to plan and make this a policy decision going forward. Brief discussion followed by the Commission. Mr. Levinson stated he would like to know why the City is different than others around the country and would like to evaluate if the City is better off. He expressed concern that the speed will increase and we will need more bandwidth and would be much more comfortable with it being locked in for a five year period at a gigabit than a ten year period for a gigabit. He feels the City will be much better off in five years from now to re-negotiate what the state of the system is and what the technology is going to be. A representative from Adelphia stated if the number of sites is dropped, then the price could change. Mr. Levinson stated this will encumber the City for $600,000.00 and he feels this is an important issue and everyone should feel comfortable with it. Mr. Costin stated it would be wise to wait and get all the answers. Mayor Perlman stated the five year pricing is intriguing to him. - 17 - 02/15/05 The City Attorney stated that this can be brought back to the Commission for a second reading of cable franchise ordinance with the option as suggested by Mayor Perlman. The City Manager suggested that staff go through site by site and explain why the City should have that capacity for that particular site. Mr. Costin stated another factor is that sites are eliminated, one has to factor in what the additional costs would be to the City to drop those sites and it mayor may not be cost effective. Mayor Perlman inquired about how the software upgrades are currently performed. Guy Buzzelli, M.I.S. Manager, stated currently at the remote sites the upgrades are done on each individual PC. Mr. Buzzelli stated currently the City's fiber is at 1 GIG. Mr. Levinson stated he would like to know how many PC's are located at the remote sites and how many PC's are located at the sites that are on the loop. After brief discussion between staff and the Commission, the City Attorney stated this agreement will be brought back at a later date. 9.H. SERVICE AUTHORIZATION NO. 1.1/KIMLEY-HORN AND ASSOCIATES" INC./MIKE MACHEK BOY SCOUT PARK: Consider approval of Service Authorization No. 1.1 to Kimley-Horn and Associates, Inc. in the amount of $44,500.00 for consulting services for the Mike Machek Boy Scout Park Project. Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Park). Richard Hasko, Director of Environmental Services, stated the service authorization is for $44,500.00 and the architectural scope has been removed. Mr. Hasko stated José Aguila (Currie, Sowards, Aguila Architects) has agreed to allow the City to reuse the restroom facility plans that he is currently designing for Lake Ida Park as well as the Intracoastal (F.I.N.D.) Park. Mr. Hasko stated there will be some supplemental costs and staff substituted those costs in the service authorization for Kimley- Horn for some basic electrical consulting which will bring the percentage of the total contract down (approximately 12 percent). Mr. Levinson inquired whether or not Kimley-Horn will be responsible for construction administration. Mr. Hasko stated Kimley-Horn will not be responsible for construction administration. Mr. Costin moved to approve Service Authorization No. 1.1 to Kimley- Horn and Associates, Inc. in the amount of $44,500.00 for consulting services for the Mike Machek Boy Scout Park Project, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. - 18 - 02/15/05 9.1. CONSULTING AGREEMENT/ALEKSANDER GROUP" INC. AND TPC: Consider approval of a consulting agreement with Aleksander Group, Inc. and TPC for additional lobbying services to assist the City with State grants. Mayor Perlman stated he presented this item to the City Manager because he feels we need some significant help in Tallahassee particularly in relation to the Old School Square Project & Downtown Park and the garage. Mayor Perlman stated Aleksander Group, Inc. and TPC have been highly recommended by the Legislative Delegation. Mr. Levinson suggested that staff take out the 90 day provision so that it will not renew automatically but instead will be the City's option. Mayor Perlman concurred with comments expressed by Mr. Levinson regarding the amendment to the agreement. Mr. Costin moved to approve the consulting agreement with Aleksander Group, Inc. and TPC for additional lobbying services as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board for an unexpired term ending January 14, 2007. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson stated he would like to defer his appointment to the March 1,2005 City Commission meeting. 9.1(. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board for an unexpired term ending July 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Linda Leib to the Education Board for an unexpired term ending July 31, 2005, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two (2) regular members to the Nuisance Abatement Board for unexpired terms ending March 31, 2005 and March 31, 2006. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5) and Commissioner Costin (Seat #1). Mayor Perlman stated he wished to appoint Eileen Marks as a regular member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005. - 19 - 02/15/05 Mrs. Archer so moved, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to appoint Greta Britt as a regular member to the Nuisance Abatement Board for an unexpired term ending March 31, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.M. COMMUNITY LAND TRUST (CLT) STEERING COMMITTEE: Consider approval of the Community Land Trust (CLT) Steering Committee as recommended by the Community Redevelopment Agency (CRA) and appoint the Commission representative. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor McCarthy and left the dais. Mr. Levinson moved to approve the Community Land Trust (CLT) Steering Committee as recommended by the Community Redevelopment Agency (CRA) Board, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Vice Mayor McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. Mr. Costin moved to approve to appoint Commissioner Jon Levinson to serve as Commission liaison, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Perlman returned to the dais. 9.N. FUNDING REOUESTIFIRST NIGHT INTERNATIONAL CONFERENCE (ADDENDUM): Consider a funding request for the First Night International Conference in an amount not to exceed $5,000.00 from the City and authorization to request funding from the Downtown Development Authority (DDA) and the Community Redevelopment Agency (CRA). Robert A. Barcinski, Assistant City Manager, stated this item is a request for the Commission to consider funding in an amount not to exceed $5,000.00 as part of our commitment to host the First Night International Conference on April 9-13, 2005 and authorize staff to request funding from the Downtown Development Authority (DDA) and the Community Redevelopment Agency (CRA). Mr. Costin moved to approve the funding request of up to $5,000.00 from the City with $2,500.00 to come from the City Commission Event Contingency Account and $12,500.00 to come from the First Night Account Fund; and, authorize staff to request funding of up to $5,000.00 from the CRA and $2,500.00 from the DDA, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin- - 20- 02/15/05 Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 5-05: City initiated amendment to Land Development Regulations (LDR) Section 6.3.3, "Sidewalk Café", to strengthen requirements to mitigate issues and concerns identified in the Clean and Safe Committee studies of the downtown area. If passed, a public hearing will be scheduled for March 1, 2005. The caption of Ordinance No. 5-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 6.3.3, "SIDEWALK CAFÉ", TO PROVIDE FOR A PERMIT WITH AN APPLICATION FEE AND A FEE PER SQUARE FOOTAGE OF SIDEWALK CAFÉ SPACE, RENEWALS, APPLICABLILITY, REQUIRED INFORMATION, PROCESSING, GEOGRAPHIC LIMITATION, REGULATIONS REGARDING USE, DESIGN AND MAINTENANCE, LIABILITY AND INSURANCE; PENALTIES; DENIAL, REVOCATION AND SUSPENSION OF PERMIT, JURISDICTION OF CODE ENFORCEMENT BOARD, AND APPEALS, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Mr. Levinson read a statement into the record from Bob Sparvero. Prior to the vote, Mr. Costin asked how staff monitors the insurance coverage's. The City Attorney stated it is submitted annually and goes through a process of review from Risk Management to the City Attorney. Mrs. Archer moved to approve Ordinance No. 5-05 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. - 21 - 02/15/05 Costin - Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 10-05: An ordinance repealing Chapter 93, "The City of Delray Beach Cable Television Ordinance", in its entirety and replacing it with a new and updated Chapter 93 to allow the ordinance to appropriately mesh with the proposed franchise agreement with Adelphia. If passed, a public hearing will be scheduled for March 1, 2005. The caption of Ordinance No. 10-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REPEALING AND REPLACING CHAPTER 93 TO BE REFERRED TO AS "THE CITY OF DELRA Y BEACH CABLE TELEVISION ORDINANCE"; REPEALING ORDINANCE NO. 18-03 IN ITS ENTIRETY; PROVIDING A CODIFICATION CLAUSE; PROVIDING FOR AUTHORITY FOR CABLE TELEVISION SYSTEMS TO OPERATE, CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE RIGHTS-OF-WAY OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING PROCEDURES, REQUIREMENTS, AND FEES RELATING TO CABLE TELEVISION TO REFLECT CHANGES IN APPLICABLE LAW TO BETTER ENSURE THAT USE OF CITY STREETS BY CABLE SYSTEMS SERVES THE PUBLIC INTEREST; PROVIDING FOR CUSTOMER SERVICE REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Ordinance No. 10-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Ila Feld, Attorney with Leibowitz, will be back in two weeks with the actual franchise agreement which will be presented to Adelphia. She stated this is a very comprehensive ordinance and it has been updated to reflect changes in Federal and State law and provides the minimum requirements. Ms. Feld recommended that this ordinance be adopted on second reading and then the Commission can consider the franchise agreement which would be the renewal of the Adelphia contract. Mr. Levinson stated there were no draft dates on the ordinance and asked the City Attorney if she can ensure these dates are put in. - 22- 02/15/05 Mr. Levinson moved to approve Ordinance No. 10-05 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 9-05: An ordinance amending Chapter 36 "Finance; City Property Transactions", Section 36.05, "Bidding Procedures", amending Section 36.11 "Definitions", to provide that the City may use a Construction Manager At Risk Contract on construction projects. If passed, a public hearing will be scheduled for March 1, 2005. The caption of Ordinance No. 9-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.05, "BIDDING PROCEDURES", CLARIFYING THE USE OF CONSTRUCTION MANAGEMENT AT RISK CONTRACTS; AMENDING SECTION 36.11 "DEFINITIONS", PROVIDING FOR THE DEFINITION OF CONSTRUCTION MANAGEMENT AT RISK CONTRACTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 9-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. The City Attorney stated staff is developing internal rules for the use. Mrs. Archer moved to approve Ordinance No. 9-05 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manae:er The City Manager stated last Thursday and Friday he and the Assistant City Manager attended the Florida City and County Management Foundation (FCCMF) Winter Institute. The City Manager stated in the course of the two days one of the things they reviewed was "organizational change". The City Manager stated change needs to be values and vision based which echoes what the Commission discussed earlier in the - 23- 02/15/05 meeting regarding R.A.C.E. Relations. He suggested developing a vision about where the City wants to be in tenns of relationships between races and ethnic groups in the City. Secondly, the City Manager stated ICMA works with the US Agency for International Development and they have asked both he and the Mayor to attend next week. They are having a panel on Economic Development as it relates to disaster recovery and requested that the City Manager serve on the panel. 13.B. City Attornev The City Attorney thanked everyone involved who worked on the cable franchise agreement. 13.C. City Commission 13.C.1. Mrs. Archer Mrs. Archer stated she would like to make the Commission aware of the fact that the Metropolitan Planning Organization (MPO) minutes have comments with regard to the bus service and there was an indication that Commissioner Karen Marcus is going to bring up this issue at a meeting. Mrs. Archer passed this infonnation to the City Manager for the record. Mrs. Archer stated she will not be able to attend the Metropolitan Planning Organizational (MPO) meeting this Thursday morning. Therefore, she stated either the Planning Director or the Assistant Planning Director will attend. Lastly, Mrs. Archer stated she will not be able to attend the Lake Ida Homeowners Association meeting. 13.C.2. Mr. Costin Mr. Costin had no comments or inquiries on non-agenda items. 13.C.3. Ms. McCarthv Ms. McCarthy expressed her appreciation and thanks to the outside Attorneys, City Attorney, Assistant City Attorney, and Joe Safford for their assistance with the reports. 13.C.4. Mr. Levinson Mr. Levinson stated he had the opportunity to talk to Nancy Klein who runs Habitat for Humanity in the north end of the County and the south end of the Martin County. She is trying to get a workforce housing ordinance and heard that Delray was doing something so he emailed her the ordinance. Mr. Levinson stated the City of Fort - 24- 02/15/05 Lauderdale had a presentation regarding the workforce housing ordinance and stated Martin County is now looking into this ordinance for their area. Secondly, he stated he had the opportunity to attend the Roots Classical Series on Saturday evening and noted that Commissioner McCarthy was the emcee for the evening. Gerald Williams who is the Chief Administration for the School Board for Art Johnson sang beautifully as did Ms. Williams (wife of Police Chief in Riviera Beach). Mr. Levinson stated for an amateur event it was professional quality and well attended. He commented about finalizing Lyle Sumek's efforts and asked what the status is on what staff is proposing. The City Manager stated usually he gets the opportunity to discuss this with Mr. Sumek a couple of times before the sessions. However, the City Manager stated he has not had any conversation with Mr. Sumek yet about this. Mr. Levinson asked if staff has a report on the three acre site near Temple Sinai. The City Manager stated the City has a design contract and it is supposed to be completed by the first week in April. He stated he spoke to Kathy Weigel about what her needs were for the site. The City has a master joint use agreement with the Palm Beach County School District for properties and normally those related to specific schools have been negotiated with the Principal. Mr. Levinson stated there is money available through the School District to potentially help with this effort. Mr. Levinson stated the school would like to have some additional practice fields and the City has the 3 Y2 acre site which the City will be using as a passive park and therefore it makes sense to look at a Joint Use Agreement. The City Manager stated Ms. Weigel has asked for a half football field area. The City Manager stated the consultant has been asked to do this plus reconfiguring the retention area so that we get the best use of the entire site. 13.C.5. Mavor Perlman Mayor Perlman thanked Mr. Levinson for filling in for him at the Roots Classical Series. Secondly, he commented about the U.S. Conference of Mayors and stated there are some scary things going on right now with the Federal Budget that will affect cities. Particularly for Delray, the Community Development Block Grants right now would be eliminated in fiscal year 2006 which is close to $700,000 that the City receives every year to work at the target area. He stated under the proposed budget Congress is looking to combine eighteen programs into one and fund all eighteen programs a billion dollars less than what the Community Development Block Grant (CDBG) was a year ago. Mayor Perlman stated the hiring of COPS is going to be eliminated, Homeland Security is going to be reduced by $360 million, Section 108 Loan guarantees is in jeopardy, HOPE VI gone in fiscal year 2005, etc. Mayor Perlman encouraged everyone to talk to Congress and get neighbors to talk to them. Mayor Perlman suggested when - 25- 02/15/05 Lyle Sumek comes that staff hold a session on "How to Cope with Loss of Federal Assistance" and the State not being able to help and the County pushing things down. Mayor Perlman stated he spent time today with Vince Larkin, President/CEO of the Fair Housing Center of the Palm Beaches, and noted that he is very interested in assisting the City in the R.A.C.E. initiative. Mayor Perlman stated Mr. Larkin would be a good resource for Delray Beach. He expressed concern over numerous telephone calls he received regarding the Police & Fire Pension and the actuary is waiting for numbers from the Finance Director that are holding up participants who are considering the DROP Plan in the early window. The City Manager stated numbers were provided to the actuary in December and the actuary is asking for final numbers. However, the City Manager stated staff has not been able to get the final numbers to the actuary due to stringent audit deadlines. Mayor Perlman stated he will inform everyone at the Police and Fire Pension Board meeting tomorrow that this will be taken care of as soon as possible. Mayor Perlman stated he and Mr. Dubin attended the TDC Meeting regarding the FED Cup. He asked for money out of the Special Opportunities Fund which was set up explicitly for opportunities such as FED Cup. Mayor Perlman stated Commissioner Greene was not pleased and she is going to write a letter. He suggested that the City appeal this and write a letter to the Commission for the $50,000. Mr. Levinson stated he does not want to see the City proceed under the same scenario in the future when the City goes to the TDC for money in terms of looking at it as a corporate sponsorship. He suggested requesting to the Commission the value of the proposal which is $50,000.00. If they would like to avail themselves of the offer, the City is happy to have them as a sponsor. If, however, they would not like to avail themselves of the offer, then the City is not in any position to sell it to them at any reduced rate. Mayor Perlman concurred with comments expressed by Mr. Levinson. Mayor Perlman stated with regard to the SCRIPPS issue, the Mayors from South County came out and commented he did not speak on behalf of the Commission, however, he spoke personally for his belief as to we need leadership from the County and we need to be focused on the original vision of SCRIPPS. He stated Barry Silver would like to have debate with him at a PROD meeting. Mayor Perlman stated he feels there needs to be some finality on this and does not have any intentions on getting immersed in this issue. He stated he will not be here for the City Commission meeting on March 1,2005, because he will be going with Bob Hagel to Washington, D.C. to look for money for the reclaimed water. There being no further business, Mayor Perlman declared the meeting adjourned at 9:39 p.m. - 26- 02/15/05 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the infonnation provided herein is the Minutes of the Regular City Commission Meeting held on February 15, 2005, which Minutes were fonnally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 27- 02/15/05 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS lAST NAME-FIRST NAME-MIDDLE NAME Perlman, Jeffre L. MAILING ADDRESS 971 Delra Lakes Drive CITY COUNTY NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE Delra Beach Cit Commission THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMIlTEE ON WHICH I SERVE IS A UNIT OF: XI CITY a COUNTY a OTHER lOCAL AGENCY NAME OF POLITICAL. SUBDIVISION: City of Delray Beach DATE ON WHICH VOTE OCCURRED 2/15/05 MY POSITION IS: M ElEC11VE Q APPOINT1VE WHO MUST FILE FORM 88 This form is for use by any person selVing at the county, city, or other toeal tevel of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, ES., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a ·relative- includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the offscer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recotding the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose "the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ce FORM 88 - EFF. 1/2000 ITEM 9 F PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publidy at the next meeti~g after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the fonn must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey L. Perlman , hereby disdose that on February 15 ,20~: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss: inured to the special gain or loss of my business associate, -X.. inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained: or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. Diana Colonna ,by , which (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. 2/15/05 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, -A FAilURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A CIVil PENALTY NOT TO EXCEED $10,000. ce FORM 88 - EFF. 112000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS LAST NAME-f=IRST NAME-MIDDlE NAME Perlman, Jeffre L. MAlUNG ADDRESS 971 Delra Lakes Drive CITY COUNTY NAME OF BOARD, COUNCIl, COMMISSION. AUTHORITY, OR COMMITTEE Delra Beach Cit Commission THE BOARD. COUNCIl, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: :II CITY a COUNTY a OTHER lOCAl AGENCY NAME OF POlITICAL SUBDMSION: City of Delray Beach DATE ON WHICH VOTE OCCURRED 2/15/05 MY POSITION IS: am ELECTIVE a APPOINTIVE WHO MUST FILE FORM 88 This fonn is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fann before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (ottier than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a ·relative"' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate"' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min- utes of the meeting, who should incorporate the fann in the minutes. . . * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · Yau must complete and file this fann (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side) ce FORM 8B - EFF. 112000 ITEM 9M PAGE 1 APPOINTED OFFICERS (continued) · A copy of the fann must be provided immediately to the other members of the agency. · The fann must be read publicly at the next meeting atter the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days atter the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the fann must be read publicly at the next meeting atter the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey L. Perlman , hereby disclose that on Februarv 15 ,20 ~: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; Inured to the special gain or loss of my business associate, -X. inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. Diana Colonna , by , which (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. 2/15/05 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED $10,000. œ FORM 88 - EFF. 112000 PAGE 2 WHEREAS, 104 full-time employees work in the Parks and Recreation Department within the three Divisions of Parks Maintenance, Recreation, and Ocean Rescue; and WHEREAS, the Department has developed performance measures to identify exceptional employees within these three Divisions based on their job duties, responsibilities, and volunteer service in the community; and WHEREAS, Tom Kwiatek from the Administration/Recreation Division, J 0 Wagenhals from the Ocean Rescue Division, and Jesse Melendez from the Parks Maintenance Division were chosen the TOP EMPLOYEES of their respective Divisions; and WHEREAS, Tom Kwiatek was selected as the recipient of the Parks and Recreation Department EMPLOYEE OF THE YEAR AWARD for 2004. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend TOM KWIATEK PARKS and RECREATION EMPLOYEE OF THE YEAR 2004 for his dedication and service to the community of Delray Beach and the Parks and Recreation Department. In addition, do hereby recognize and commend JO W AGENHALS and JESSE MELENDEZ PARKS and RECREATION TOP EMPLOYEES OF THE YEAR 2004 on a job well done for the Parks and Recreation Department and the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 1 st day of March, 2005. JEFF PERLMAN MAYOR ~ 0A Date: Feb. 8, 2005 AGENDA ITEM NUMBER: lo.~ AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: March 1, 2005 Description of Agenda Item (who, what, where, how much): Request approval of and Mayor's signaturß on a Proclamation honoring the Parks and Recreation Department's Employee of the Year 2004 and the two runners-up. City Attorney Revie ~ Department Head Signature: ecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ¿fJ;1 No Initials: Hold Until: Vt1- Agenda Coordinator Review: Received: PROCLAMATION WHEREAS, 104 full-time employees work in the Parks and Recreation Department within the three Divisions of Parks Maintenance, Recreation, and Ocean Rescue; and WHEREAS, the Department has developed performance measures to identify exceptional employees within these three Divisions based on their job duties, responsibilities, and volunteer service in the community; and WHEREAS, Tom Kwiatek from the Administration/Recreation Division, Jo Wagenhals from the Ocean Rescue Division, and Jesse Melendez from the Parks Maintenance Division were the top employees of their respective Divisions; and WHEREAS, Tom Kwiatek was selected as the recipient of the Parks and Recreation Department Employee of the Year Àward for 2004, NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend Tom Kwiatek for his dedication and service to the community of Delray Beach and recognize and commend Jo Wagenhals and Jesse Melendez on a job well done for the Parks and Recreation Department and the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 1st day of March, 2005. MAYOR Jeff Perlman I ~ DELRAY BEACH På~k~' {.5 ïi~~;~åt;b~ . ~9.d @ MEMORANDUM TO: Joe Weldon Director of Parks & Recreation FROM: Rodger R Ribeiro, CPRP Recreation Superintendent DATE: January 24, 2005 SUBJECT: 2004 Employee of the Year Award The results for the 2004 Employee of the Year Award Program for the Parks & Recreation Department are as follows: Tom Kwiatek, Recreation Supervisor IV-Community Center/Athletics was selected for the Recreation Division, Joy Wagenhals, Ocean Rescue Officer was selected for the Ocean Rescue Division, and Jesse Melendez, General Maintenance Worker was selected for Parks Maintenance. Tom Kwiatek is the committee's recommendation for the overall Department's Employee of the Year Award. If you have any questions, please call me at ext. 7256 or e-mail me at ribeiro@delray- beach.fl.us, CC: Dcmka WeinsteÎ.l1, Staff Assistant n File Attachments [ITY DF DELIAY BEA[H DELRA Y BEACH f L 0 I IDA _ 100 N.W. 1s1 AVENUE· DELRAY BEACH, FLORIDA 33444· S61/24307CJiJ , , II ':0: ~ J~e W~ld~ Director OfP~kS and Recreation 1993 FRO¥:~un SImmons, Parks Supenntendent DATE: January 24,2005 SUBJECT: Parks Division Employee of the Year Award The following three employees had the most points for the employee of the year award in the Parks Division. Jesse Melendez has the most points for the Parks Division this year. Jesse Melendez, General Maint.Wrk. Total Points: 2,595 Octave Bataille, Irrigation Maint. Wrk. Total Points: 2,516..50 4.9 % evaluation = 490 Hours on the job = 2,080 Paint up Delray = 25 4.5% evaluation = 450 Hours on the job = 2,066.50 Otes Bathelemy, Crew Leader I Total Points: 2,338.50 4.70~ evaluation = 470 Hours on the job = 1,868.50 TS/sb (j PrInted on Recycled Paper THE EFFORT ALWAYS MATTERS DRIAY lfACIf ~ MJ 1I~1 ~ DELRAY BEACH P~~ks "if Îi~~'~~åi;b'~' ~~7-d @ MEMORANDUM TO: Joe Weldon Director of Parks & Recreation FROM: Rodger R. Ribeiro, CPRP ß ;u---- Recreation Superintendent DATE: January 6, 2005 SUBJECT: 2004 Employee of the Year Award . ~ ~. . .. . Attached are the results and backup for the 2004 Employee of the Year Award Program for the Recreation Division. Tom Kwiatek, Recreation Supervisor IV-Community Center/Athletics, had the biggest point total of 31 00 points aild Tom is my recommendation for the Recreation Division Employee of the Year. If you have any questions, please call me at ext. 7256 or e-mail me at ribeiro@delray- beach.fl.us. cc: llonka Weinstein, Staff Assistant II File Attachments S:\Parks & Recreation\Recreation\Rec. Administration\Rec. 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Team accomplishments: 10 placed 3rd in the Women's Open Surf-Ski race at USLA Regionals in Boca (25) and Place 2nd at the USLA National Lifesaving ·Championships in Daytona Beach in the Women's Senior Beach Flags (25). Participating in the step-up Supervisors program (50) Captain of Competition Team for USLA Nationals in Daytona Beach. (50) Helped Division prepare for both Hunicanes by removing equipment ftom beach prior to storms, and restocking towers with equipment and supplies after Hurricane events. (100) Florida Bea~h Patrol Chiefs Associations 2004 Lifeguard of the Year for the state of Florida. (50) Total = 3,467.5 WHEREAS, Lucille and Johnnie Jones celebrated their 75th Wedding Anniversary on February 22, 2005; and WHEREAS, Lucille, 95 years old, and Johnnie, 99, were born in Live Oak, Florida; and WHEREAS, Lucille and Johnnie were married at the courthouse in Jasper, Florida on February 22, 1930; and WHEREAS, The Jones' came to Delray Beach in 1938 and still live in the house they built in 1958; and WHEREAS, Lucille and Johnnie are active in the St. Paul AME Church in Delray Beach; Johnnie was a gospel singer and enjoyed participating in revivals; and WHEREAS, Lucille loves to bake and Johnnie played baseball in his youth; and WHEREAS, Lucille and Johnnie are loved and cherished by their children who visit them every day; and WHEREAS, the anniversary party for Lucille and Johnnie was held on February 19, 2005, at the Delray Beach Community Center and included approximately 150 family and friends; and WHEREAS, Lucille and Johnnie renewed their vows in a ceremony where six generations of the Jones' family participated, including the couple's 5 children, 22 grandchildren, 57 great-grandchildren, 39 great-great-grandchildren, and 1 great-great- great grandchild. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and the Citizens of Delray Beach, hereby congratulate LUCILLE AND JOHNNIE JONES on their 7 5th Wedding Anniversary and wish them the best of health and happiness. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 1 st day of March, 2005. JEFF PERLMAN MAYOR ~ Uzß ~el, Delores ~ From: Sent: To: Subject: Jeff Perlman [delcommish@hotmail.com] Sunday, February 20, 2005 1 :50 PM Rangel, Delores FW: News - Keeping up with the Joneses Le'ts bring em in for some recognition. Warmest regards Jeff Perlman >From: Jeff Perlman <delcommish@hotmail.com> >Reply-To: Jeff Perlman <delcommish@hotmail.com> >To: Jeff <mayor@mydelraybeach.com> >Subject: News - Keeping up with the Joneses >Date: Sun, 20 Feb 2005 09:38:04 -0500 > >Hello, > >From: Jeff Perlman (delcommish@hotmail.com) > >The person above has sent you the following message: > > >Click below to view the page: >http://www.bocanews.com/index.php?src=news&prid=10901&category=Local%20News&PHPSESSID= 63527431915c609bf9b91525feacOb8e 1 BocaNews.com .' Page 1 of3 . _5;)·<COI/ ' . '::::;> '/' -.......,<..<'>. . ':.:.¡( . ,,~ , :::r::: I .' . "rr1 'I " \, ........,/ f , . . '\.\ .. .,' j . > ......._-~.....; _~____ _:4-- lef.~I.\~" ',F~~ ", ÛÒiJ '"" :spm. . J\tbIIsher's Dest Society .~. ':~" Boca Mai n St OassifiC"ds Real Estale , . _ ~P~r'!~~~.._~,__~ " , OJIlaIR~;~ ;~' ,'tJe''W:·' "i';þ"..~. . . ,,&¿.. ~IQ~ ':'~~' . :~.:~. ~~,.~..:.,;. . ; . ()FF THl-, \VIRE ~ - .~ ,_ ;4;)~ ~ :.¿ ; ~"'t{.1I . ..:1 I This Site Peek Updated on February 22, 2005 0- Today: Sunny with a high of:-¡o L.t\:TE~ vI' HEADUNI-.. . Local News 2005 Boca Raton ElectIon Calendar l,ocal News Black History Month events contlßue !,..ocª1 Ne_vv'.§ '{ look at hfe posItively' l,oca! News Boca council rewards Tri County with 50-year lease Local News Seahng the deal I:IU~..1I http://www.bocanews.com/index. php?src=news&prid= 1 090 1 &category= Local%20N ews&PHPSES SID=... 2/22/2005 ÚJeal/Veuls Keeping up with the Joneses Delray Beach couple celebrates 75th wedding anniversary with six generations of family I'ublhh"d <'ll1lda\ f ebJllJl~ 20 ':ilU" I UfJ am ¡,~ By Dal\;' M K 109 Lucille and Johnny Jones aren't the best-known people in Delray Beach. Nor do they want to be. They enjoy their quiet life in a small house just off Atlantic Boulevard on NW 8th Avenue. But they've done something rare - and well worthy of note. They've been married for 75 years. The actual anniversary date is Feb. 22. But the Jones children jumped the gun a bit and organized a big celebration in their honor Saturday at the Delray Beach Community Center. It included a dinner and renewal of marriage vows. The crowd was estimated at between 150 and 200. But it drew from six generations of the Jones family - including the couple's five children, 22 grandchildren, 57 great-grandchildren, 39 great-great-grandchildren and one 18-month old who has too many great-greats to go around. "They are the best parents on earth," said daughter Claretha Jackson. "They are sharing and caring - and they teach sharing and caring to their kids." Lucille Jones, 95, is remarkably agile, using only a cane to help her get around. She has great eyesight, but her hearing is going just a bit, she said. She only gave up driving about four years ago. Johnny, age 99, is quiet. But he always has been. "They are wonderful parents," said daughter Lillian Sanders as she walked by her dad Saturday and gave him a little poke in the shoulder. "I don't know what 1 would have done without them." The Joneses may be simple people, but their marital longevity record is awe- inspiring. Both were born in the little Florida town of Live Oak. But, coincidentally, they never met as children. "He went off to St. Petersburg, and 1 got married," recalled Lucille Jones. She BocaNews.com Bt>ØCA T f:.·B·.·;J..'.~frDtV'a,A :L' .'.1 " (¡···~ril~···· ;&.1, s~ ~. .',.. ~ con~t gave birth to a son - and soon afterwards got a divorce. Then, Johnny came back. "I was living with my aunt, and he used to come by," she said. "We used to sit in the porch swing." But like a good and cautious aunt, about 9:30 p.m. each night, she would come out and remind Johnny that it was "time to go home." And like the good man he still is, he did. Page 2 of3 .oc&..... __.... Lucille and Johnny married at the courthouse in Jasper, Fla., on Feb. 22, NEWS 1930. Johnny was a track maintenance worker for the Florida East Coast Railroad for more than 30 years before he retired. Lucille worked in a variety of hotels. And little by little, their family grew to include sons Mose (from Lucille's first marriage) and Kenneth and daughters Lillian, Claretha and Minnie Louise, who now lives in Pompano Beach and has nine children and 30 grandchildren of her own. The Joneses came to Delray Beach in 1938. They live in the house they built in 1959. Looking back over their lives, Lucille said "God had a hand" in bringing her and Johnny together. "He's a balanced person. We agree on most things." That could be the secret to seven-and-a-half decades of marital bliss. Being active in the church also helps. Lucille said she and Johnny still attend St. Paul AME Church in Delray. The kids said they've received lots of recognition from the church for helping people in the community. "The churches were always calling on my dad when they had a revival," said Claretha. "He was a gospel singer and a prayer warrior. People would flock to hear him sing and pray." Johnny also played baseball in his youth - and he loved hunting. Mom was - and is - a great cook, her kids say. Try the sweet potato pie. "They are jewels," Claretha said. "I am proud to have them as my parents." Dale M. King can be reached at dking@bocanews.com. Send this page to a friend Copyright 2004 - Boca Raton News . Audi.o update.:The hour's top news headlines live in RealAudio from AP Radio. Home P.lJ.blisher'..$ Desk Local News Weather Ǫl~f1Ø.~J Socletv Weekend R~ªI.E§tÇl.1~ Classifieds http://www.bocanews.com/index.php?src=news&prid= 10901 &category=Local%20News&PHPSESSID=... 2/22/2005 BocaNews.com Page 3 of3 ~ . Reél.çler $~JYI~þ SDorts ºQìtua(ie_s OP-ED M9vìe~ The Leader 10 Local News Boca Raton News ©1998-2002 The Boca Raton News 'OWEUD IT :\ccri",~ il"i ~ http://www.bocanews.com/index. php?src=news&prid= 10901 &category=Local%20News&PHPSESSID=... 2/22/2005 ~~ 1----- CITY COMMISSION DOCUMENTATION ----.-...----. ---.- -- -- - --.. _ _J FROM: D~~DITY MANAGER ~~~~RLlNG, · CTOR OF PLANNING AND ZONING *~ , I TORIC PRESERVATION PLANNER TO: THRU: SUBJECT: MEETING OF MARCH 1, 2005 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR THE FERRARA DUPLEX, 136 NE 1ST AVENUE. [____ __ _ ~TION..REQÚ~~TED C?F TH!=__Cn'X C~MM~~S!ON __ _._____~ The action requested ot the City Commission is acceptance ot a right-ot-way deed associated with the Ferrara Duplex, located at 136 NE 1st Avenue. The site is on the west side ot NE 1st Avenue between NE 1 st Street and NE 2nd Street and within the Old School Square Historic Arts District. BACKGROUND _ . ______ _._ J . ..-. -- -- ---- .---- ---.. --. ---- Pursuant to LDR Section 5.3.1 (D)(2), and the Transportation Element ot the City's Comprehensive Plan, the required right-ot-way width tor NE 1 st Avenue is 60'. Currently 40' ot right-ot-way exists tor NE 1 st Avenue. The Development Services Management Group (DSMG) and the City Engineer approved a right-ot-way reduction tor NE 1st Avenue to 50', Accordingly, tive teet (5') ot additional right-ot-way must be dedicated by the property owner in conjunction with this project and the right-ot-way deed accepted by the City Commission. The Assistant City Attorney has reviewed the right-ot-way deed tor legal sufficiency and torm, and determined it to be acceptable. L RECOMMENDED ACTION - _. __._ _I -. -- .- - - . - --.- .---...--- ..-- ..--- By motion, accept the right-ot-way deed tor 136 NE 1 st Avenue associated with the Ferrara Duplex. Attachments: [J Location Map [J Right-ot-Way Deed ~ L A K E - f--- f--- f--- ~ f----- ~ - f--- f--- f----- f--- -- -. -~-- -«-- _ f----- - I----- f--- I----- ~ ,.---- 3RD ST. ! [ LLw ~~ '---- i ~ I~ ~ o ,-'---- Ct::: I I t'l .L.L- MARTIN LUTHER :---r- I \ '-----r- , i I KING JR. -- POLICE \ COMPLE~ i I I I I I SOU TH COUNTY COURT HOUSE N IDA CASON METHODIST CHURCH - r--- -- - f----- _L-- CITY ATTORNEY BUILDING DRIVE o Z N R 0 A 0 - -- f-- f--- '--- I..--- w > « l ! I I I -~. . !! Jl ; ¡ i i ¡ 4TH r---- - j ST. - -, , / I , 'I I J l - 1---- --- --- --- w ---~ f---- -- f--- -- f---- -- '--- '---- - .....--- - 1---- f------ ~- I I~ I ~D ST. , , f-- f-- ~ f-- ~ _f------ - ¡----- I-f-- - i-f-- f-- I---- 0 - 0 !--- ~_f----.- f- f-- I-------- Z Ct::: I >«[18' ~ J~~ I---- N t'l !r----'-!~f---- L- -, I f----.- ~- _ i ---- i 'I f____ '-----' -,:, ~ N E. 2ND ST f--- (f) _ _ -- -_0 w- z > -:) '-' IW 0:: «-_0 -e---~ z;i -_~ _ I---- 0... 0::1/ - I- ~ i/ f------:) ~ - ¡--- Oil f------ I--- ~ O:::-f--u~1 lill =~ - L...---J 'I I' I L.....- L-- N.E 1ST ~S~ I__ f- v__",-... __0 Z ~ I ~ 1----- ~ I __. L..-_ ci1 I _~ - :) ¡ I ' ¡ I ! I I AVENUE i I I == I - I---:r:: ~ f- I---- _ _ L{) I---- I---- f------- j t==: w f------ ~ I t== vi Vi w- ~- - ::J f------ ~- I--- f---- f------~- I---- f------ Z f------- - f----- I--- w \L "... m Z--- 0- f--- ~ - '---- ~.---- -Z Z-f---- - f--- 3= 0lJJ ATLANTIC [! i] LI ...--- - .---- f--- - I----- f-- CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT 1---- f--- ~ CITY I------- Z ¡-- HALL f--- ~ - I; ¡ I I ¡- - E COMMUNI TY f-- . t=~ CEN TER '--z ~ TENNI S STADIUM - - DIGITAL BASE MAP SYSTEM -- (/) OLD SCHOOL SQUARE POST OFFICE -~ -- - f----.- f----- f----.- f--- f----.- -- -~ w z [Jill]i '. I ~Tlli!l . ¡.' « I!! I i 'i ¡ ¡ ¡ I == ~0= = f------ ~ f------ f---- f--- f------ f---- ~ (f) f------ -- -- - ~ f-- ~ f-- Î >-= ~ :r: I I--- , __ f-- I I --.J <{ 0::: W o W LL -f-- - .- w- '----w > >- «- f--«_ I 'I - - - -- - - - I--- ~- NE - ,.---- '--- ¡--- ¡--- FERRARA DUPLEX 136 NE 1ST AVE MAP REF. LM817 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this î.ç day of Jð-v' , 200-\ between 'tiul' E= f~fRAt'l.A oM t<At2FfJ ß. FEI('~~A ;With a mailing address of 4-20ð W,#ih :3TtE-E1, ~bIAJA, HN 55+24 , as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other 'good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, sidewalk and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. ".. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the frrst part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and asSIgnS. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. ~'-s:-~" ~ ~ ~ ,-0 \.~~ '-~'-\.\-t" Q~,-^ " (NCM~~ ßONNìf., LA-NDt-u(V) (N ame printed or typed) STATE OF ~-,("\.~e~~\~ COUNTY OF \.~~'"'~ ,~ The foregoing instrument was acknowledged before me this lc;~l day of ---:SC'''''';t , 2005 , by ~"''''''''-'> ~(.....,," \-e< <Cue:,. l{fICÅ ~""c ","", tee" <::,' '" ~t1ffi.ø 6-- ~øer or ag@B.t, title gf gfficer or itgeut}, of (name of COrpUIClliull Cll;k.lluwlcïJglllg), Cl (state or plaec of incorporation) Oðl1JUHll~uu., on behalf of tke øOI[)oratima. ~ is personally known to me or has produced (type of identification) as identification. PARÖ~~~ 7'ÄÐIJ4 f ~ I' U ce fè.ff'l'J. Vl\ (Næneprintedortype~ k~t!Y~ WITNESSES: k ~ V'<: "" IS F~ U' f'ð.. ~ ( ~.A't. p..t\If). I)( f..t~ ) ~c-~--." \~ "-~~ Signature of Person Taking Acknowledgment M"c-k~U~ ~6-uJ Name Typed, Printed or Stænped G';,·, . MICHELLE RAW fQ- NOTAi-I ì' F1.Ji3UC . MINNESOTA ....::zrxJ)~. MY COMMISSION ~.>. -:'!' f.X?l~~E'. Jr\.N. ~" 2006 .,...... ......~~..,....., 2 f ~lvb,t t(1I q - ~ ./ SCAlE: 1"=40' 16' AUEf ~~ 'It. ..~ 4 :; ~ LOT 12 BLOCI R LOT 11 BLOCI 61 - .-----"--- - LOT I' BLOCK f7 ~ II IJ& -s.o 'Et c¡,~ j'ADDrJ1OlVAL _ --.f lliGHr-OF-WAY t 16.56' --~ 7'-50' N.E lST.AJIFNUE EAST 5 FEET OF LOT 11, BLOCK 67 TOWN OF DELRAY According to the plat recorded in Plat Book 1, Page 3 I recorded in the public records of Palm Beach County, Florida: said land situate, lying, and being in Pølm Betlch County, Flo,.idø . THIS IS NOT A SURVEY - '1f Lmd I SUfl/CYlng Renner, Burgess, Inc. 1 S.E. 4th Ave., Suite 205 Oelray Beach, FL 33483 Phone 561-243-4624 Fax 243-4869 West Palm 735-7639 West Palm Fax 735-7641 Toll Free 1-800-773-5531 Fax Free 1-800-954-4408 AuthOrization Number LB6504 MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: Jtk.I1Y MANAGER SUBJECT: AGENDA ITEM # ~B - REGULAR MEETING OF MARCH 1.. 2005 AMENDMENT TO THE 2002 SUBGRANT AGREEMENT/STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DATE: FEBRUARY 25, 2005 This is before the Commission to approve an amendment to the 2002 Subgrant Agreement with the Florida Department of Financial Services to accept a light duty rescue vehicle valued at $69,587.00 and Hazardous Materials Sustainment Funds in the amount of $10,363.91 for equipment replacement, instrument testing, and calibration. The amendment supplements a grant for specialized monitoring devices, equipment, and equipment trailer provided through the local Domestic Preparedness Equipment Program of the Department of Community Affairs. Recommend approval and acceptance of equipment and funding provided by the amendment to the 2002 Subgrant Agreement. S:\City Clerk\agenda memos\2002 Subgrant Agmt. Florida Dept. of Financial Svcs.03.01.0S .- Contract Number: - NF -00-00-00-00- 97.004 CFDA Number: SUST AINMENT FUNDS TO ASSURE WMD OPERATIONAL CAP ABILITY OF EXISTING HAZARDOUS MATERIALS TEAMS SUBGRANTAGREEMENTFOR FLORIDA DOMESTIC PREPAREDNESS STRATEGY (State of Florida Funding Cycle 2004-5) THIS AGREEMENT is entered into by and between the State of Florida, Department of Financial Services, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Delray Beach Fire- Rescue (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and D. WHEREAS, the Department of Community Affairs has received these funds from the federal government and has duly contracted with the Department of Financial Services / Division of State Fire Marshal to manage certain funds by way of a sub grant agreement; and the Division has chosen to subgrant such funds to the Recipient upon the terms and conditions hereinafter set forth: and E. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (I) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Scope of Work, Attachment B of this Agreement. Notwithstanding any other provision in this agreement, the obligations contained in this paragraph, (1) "Scooe of Work," and Exhibit - 1, "STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT...," or such other provisions as it may apply, shall continue for the duration of this agreement and shall survive the termination of this agreement. Each resource awarded to the recipient pursuant to this agreement must continue to be used for the purposes described in this agreement for the entire operating life or shelf life of the resource. Should any resource be used for any purpose other than the purposes described in this agreement, the title to, or ownership of, such resource shall revert to, and become the Haz Mat Tow Vehicle and Maintenance Page I of 16 12/20/04 ,'" property of, the Department of Financial Services. This paragraph may be enforced by judicial proceedings in any court having jurisdiction, or by administrative proceedings under Chapter 120, Florida Statutes, or by any other applicable or appropriate proceedings. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment A. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and continue for the normal operating lifetime or shelf life of said goods and equipment, unless tenninated earlier in accordance with the provisions of paragraph (7) of this Agreement. The condition and/or depletion of equipment will be reported annually as required by the Scope of Work, Attachment B of this Agreement. (4) MODIFICATION OF CONTRACT. Either party may request modification of the provisions of this Agreement. Changes, which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's perfonnance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-II 0, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A- 122, "Cost Principles for Nonprofit Organizations." Ifthis Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the tenns of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon Haz Mat Tow Vehicle and Maintenance Page 2 of 16 12/20/04 request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work - Attachment B - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (e) Any additional terms and conditions pertaining to recordkeeping and all terms and conditions pertaining to property management and procurement under this Agreement are set forth in attachments. (6) LIABILITY. (a) Unless Recipient is a State agency or subdivision as defined in Section 768.28, Fla.Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28, Fla. Stat., for its negligent acts or omissions or tortuous acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign 3 , immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (7) DEFAULT: REMEDIES: TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further donations or payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall materially fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department, and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time and date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been knowingly submitted with substantial information that is incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as Attachment B. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone 4 of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (8) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 4. Exercise any other rights or remedies, which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Non compliance with any terms of this Agreement and the Scope of Work, Attachment B of this Agreement, by the Recipient shall result in termination of Agreement, which will require return of the said goods and equipment to the Department (e) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (f) In addition to any other remedies, the Recipient shall return to the Department any granted equipment or supplies which were used for ineligible purposes under the program laws, rules, and regulations 5 governing the use of the funds under the program. (g) This Agreement may be terminated by the written mutual consent of the parties. In addition, the Recipient or the Department has the option to unilaterally terminate this Agreement. Upon termination of the Agreement, either by mutual consent or unilateral action of either party, all supplies and equipment must be returned to the Department by the Recipient. (8) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The Department designates Allen Lovvorn, Division of State Fire Marshal, as the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at: Department of Financial Services Division of State Fire Marshal 11655 NW Gainesville Rd. Ocala, FL 34482 Telephone: 352/369-2829 Fax: 352/732-1433 Email: Allen.Lovvorn((ì)fldfs.com The Project Officer for this Agreement also is Allen Lovvorn. He can be contacted for technical assistance relating to this Agreement at the above address, telephone 352/369-2829 or e-mail: Allen.Lovvorn(âJ,fldfs.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Agency Michael Wise, Lieutenant Delray Beach Fire-Rescue (561) 243-7416/(561) 441-0812 cell (561) 243-7461 wise@ci.delray-beach.fl.us Name Telephone: Fax: Email 6 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in(8)(a) above. (9) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof, or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101- 336,42 U.S.c. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (t) A person or affiliate who has been placed on the convicted vendor list following a conviction 7 for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfonning a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 9(g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) tenninated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (10) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of federal resources under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state 8 personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5 :00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the federal resources awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph I O( d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities ). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A- I 33, as revised, by or on behalf of the Recipient directlv to each of the following: 9 Department of Financial Services Division of State Fire Marshal 11655 NW Gainesville Rd. Ocala, FL 34482-1486 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. (t) Pursuant to Section .320 (t), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Financial Services Division of State Fire Marshal 11655 NW Gainesville Rd. Ocala, FL 34482-1486 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was 10 delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (11) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (a) Please note that the equipment provided is not all-inclusive and the recipient is required to provide additional equipment following State Emergency Response Commission recommendations. (b) As a term of this agreement, the recipient agrees to maintain training of their personnel and team preparedness and availability to respond and to be a regional and statewide response asset. ( 12) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1: Funding Sources Attachment A: Program Rules and Regulations Attachment B: Scope of Work and Equipment List ( 13) FUNDING/CONSIDERATION This is a goods, equipment and supplies grant Agreement. The Department will grant to the Recipient certain equipment and supplies in order to fulfill the purposes of the Florida Strategy. (14) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: 11 (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat., or the Florida Constitution. (b) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (c) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (d) The Department of Financial Services reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (e) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (15) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (16) RECEIVING AND INSPECTION CONTACT. The name of the person responsible to sign for and inspect all goods and equipment provided under this agreement is Michael Wise, Lieutenant at the shipping address: 501 West Atlantic Avenue Delray Beach, Florida 33444 12 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recioient BY' "AI _ . , IU.. (.~ 1'1 :. J I £..1 )-,.AJ Name: Michael Wise STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES BY: Randall W. Napoli, Director Division of State Fire Marshal Title: Special Operations Coordinator Date: Date: December 22, 2004 59-6000308 ST A TE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES BY: FEID # Paul Mitchell, Chief of Staff Department of Financial Services Date: 13 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program: Department of Homeland Security - Office of Domestic Preparedness 97.004 - FY04 State Homeland Security Program CFDA: 97.004 Approximate value of vehicle and sustainment funds: $79,950.91 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: 1. Recipient is to use funding to perform eligible activities as identified in the Office of Domestic Preparedness Fiscal Year 2004 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security Homeland State Strategy. 2. Recipient is subject to all administrative and financial requirements or will be in violation with the terms of the agreement. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Light Rescue Truck for Towing Trailers and Transport of Equipment (vehicle provided to recipient): approximate value $69,587.00 HazMat Equipment Sustainment: Funding provided to recipient to purchase replacement PPE, maintenance items for detection equipment, and calibration equipment: value $10,363.91 SUBJECT TO SECTION 215.97. FLORIDA STATUTES: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 14 Attachment A Program Statutes and Regulations Chapter 252, Florida Statutes 28 C.F.R. 15 Attachment B Scope of Work This agreement is entered into as an addendum to current statewide mutual aid agreements and is for the purpose of receiving specialized equipment and continued participation as a local and regional responder and in case of declared emergency, a State of Florida Response Asset. The Recipient shall maintain ownership (limited by Paragraph 5 below) of said goods and equipment, in a satisfactory operational condition, provided to it under this agreement (see Equipment List below) for the normal expected operating lifetime or shelf life of said goods and equipment. This includes routine maintenance, repairs, insurance for the vehicle, etc. The Recipient is not responsible for replacing goods or equipment that has reached the end of its normal life expectancy or exceeded its posted shelf life. The Recipient shall replace and potentially be reimbursed through local, state, or federal reimbursement processes or agreements for, all disposable goods and supplies expended for emergency response, training, or exercises conducted in accordance with the Florida Comprehensive Emergency Management Plan. The Recipient will be given preference with respect to access to additional funding that may allow for equipment maintenance, replacement or repair, as well as training and exercises. At this time the parameters to any additional monies have not been defined. Recipient will be notified if additional monies become available. The equipment, goods, and supplies ("the eligible equipment") provided under this agreement are for the purposes specified. The Recipient specifically agrees to: 1. Participant agrees to provide Hazardous Materials Team response primarily in their jurisdiction, and region. 2. Response for local emergencies are not subject to reimbursement unless in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Terrorism Strategy" and within the State. Participant agrees to respond with equipment and personnel to incidents requiring an urban search and rescue effort in their jurisdiction, regionally, and if requested for a statewide response, for so long as this Agreement remains in effect. Prior to requesting a response, the Department will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. Any State request for deployment of the Team shall be preceded by a "Mission Number" to be issued by the State of Florida, Division of Emergency Management and/or Division of State Fire Marshal, or other mechanism that provides for the reimbursement of costs associated with said deployment. 3. The Recipient shall submit an annual report to the Department, which is due to be received by the Department no later than January 31 for the previous calendar year. This Report will verify the participation in the activities and training status of the team, as well as the condition and/or depletion ofthe equipment. 4. The Recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of the Department. 5. The Recipient may make such modifications as desired to provided vehicle such as local markings, etc. that do not adversely effect the vehicle's compliance with NFPA, USDOT or other vehicle standards. The Department will provide permanent markings indicating the funding source. 16 Date: February 17,2005 AGENDA ITEM NUMBER: <g <è> AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: March 1.. 2005 Description of agenda item (who, what, where, how much): Recommend approval of the attached amendment to a 2002 sub grant agreement with the State of Florida Department of Financial Services to accept a light duty rescue vehicle valued at $69.587: and Hazardous Materials Sustainment funds in the amount of $10.363.91 for equipment replacement. and instrument testing and calibration. The amendment supplements a grant for specialized monitoring devices. equipment and equipment trailer provided through the Local Domestic Preparedness Equipment Program of the Department of Community Affairs. Recommendation: Approve receipt of equipment and funding provided by the amendment to the subgrant. Department Head Signature: \( oQ.,. - - D .'--- \ -, City Attorney Review/Recommendation (if applicable): Original grant previously approved on March 19. 2002. Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes/No Initials: N Pr 'i5 ôL/ -b III - 5 I o¡ - t 'I, CJ D "R~-~c ~~~ ~~S & tDI3~~.q \ 3.3 -OODD-õ~j-SO.OO (if applicable) _ ~j.. L ~ L~. 1 ~lð1 ~ bU,~1 ~"~ Description JDI-OODD-I 1114-00. 0 D ~o ~J.-~ J.- ~S£M,L.- ~~; d '-l- i ~t V pJ,,,t.t J) IPq 591 Account Number Account Balance: Funding Alternatives: City Manager Review: Approved for Agendað! No InitiaIS:-4 Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: vii CI1Y MANAGER SUBJECT: AGENDA ITEM # <gc..- - REGULAR MEETING OF MARCH 1.. 2005 SERVICE AUTHORIZATION NO. 04-01/HAZEN AND SAWYER.. INC. DATE: FEBRUARY 25,2005 This is before the Commission to approve Service Authorization No. 04-01 to Hazen and Sawyer, Inc. in the amount of $22,932.00 for the design and preparation of construction documents for adding an additional lane on N.E. 4th Street between N.E. 5th Avenue and N.E. 6th Avenue. Funding is available from 448-5461-538-65.31 (Storm Water Utility Fund/N.E. 4th Street - N.E. 5th Ave. to N.E. 6th Ave.) Recommend approval of Service Authorization No. 04-01 to Hazen and Sawyer, Inc. in the amount of $22,932.00 for adding an additional lane on N.E. 4th Street. S:\City Clerk\agenda memos\ServiceAuth.#04-01 Hazen and Sawyer. N.E. 4th Street.03.01.05 www.delrayesd.com City Of Delray Beach Department of Environmental Services M E M 0 RAN DUM TO: FROM: David T. Harden J / j} Randal L Krejcarek, P.E. {?¡¿¿øáI' 17 Feb 2005 DATE: SUBJECT: NE 4th St - NE 5th Ave to NE 6th Ave Service Authorization #04-01 with Hazen and Sawyer Project #2002-037 The attached agenda request is for Commission authorization/approval for Mayor to execute service authorization #04-01 with Hazen & Sawyer, Inc., for the design and preparation of construction documents for adding an additional lane on NE 4th St between NE 5th Ave and NE 6th Ave. This additional lane will enable this block to provide a left turn lane in each direction for the entire length of the block. This continuous left turn lane in each direction will provide additional left turn storage capacity in both directions. The attached map shows the locations of this project. Total Cost of Service Authorization = $ 22,932.00. Funding will be provided from account #448-5461-538-65.31. Please place this item on the 01 Mar 2005 Commission Agenda. Thanks! Ene ee: file S :\EngAdmin\Projects\2002\2002-037\OFFICIAL \2005-03-01 agenda memo. doc N.E. }< k SI1:Eu -I « 0::: ~h W_ u... ^^ -I « O:::^ ^^^^ W o W u... ::::> z w > « w ^> « ~ « I I- L() I I- <D w^ 'uj '~:^ z o I- Z ~ (f) ATLANTIC AVENUE LOCATION MAP t 1\ ,~ ~} I I.!!!. i:¡ ; >- ~ $ ~ UJ f- ~ $ , --.<>--": ^v_=: -l ~ l- V) ~ o () ~ Q:' f- 2: zooz-o~+- City of Delray Beach NE 4th Street Improvements BACKGROUND ...4...,.::~~f"· ~_.~ \,\ .~ ~ ~ The City intends to make roadway and streetscape improvements to NE 4th Street between NE 5th and NE 6th Avenues (southbound and northbound U.S.1 respectively). The proposed improvements include four laning the road section (with dedicated left hand turn lanes) throughout and adding sidewalk on the south side as possible and appropriate. Existing on-street parking on the south side of NE 4th Street shall be preserved. SCOPE OF WORK Task 1 - Design Consultant shall prepare plans and technical specifications for the improvements to NE 4th Street. Documents shall be prepared with deliverable milestones at 60°/0 and 90°/0 completion. At both milestones, Consultant shall provide two draft sets of drawings and specifications along with an opinion of probable construction cost. Additionally, Consultant shall attend one review meeting at each milestone to discuss City questions and comments. Following the 90°/0 review meeting, the documents will be finalized for bidding. City standard front end documents shall be utilized for bidding. An original set of plans and specifications shall be provided to the City for its use in reproducing bid sets. Anticipated Desian Elements include: · Four laning of NE 4th Street between NE 5th and NE 6th Avenues · Dedicated left hand turn lanes · Addition of sidewalk on south side (as possible and appropriate) · Preservation of south side on-street parking · Coordination of lane configurations with roadway outside of project limits · Relocation of landscaping and watermain Task 2 - Regulatory Coordination/Permitting Consultant shall coordinate with Palm Beach County Traffic Engineering regarding required modifications to signalization at north and south bound U.S. 1. Palm Beach County shall be responsible for implementation of signalization changes. Consultant shall coordinate with Florida Department of Transportation (FDOT) regarding drainage and shall obtain an FDOT Drainage Connection permit (as necessary) for the modifications. FtP:ProposalsÐelrayBeach001 :01-27-05 Page 1 of 2 · .. Consultant shall prepare and submit an application to the Palm Beach County Health Department for the relocation of the 6-inch watermain on NE 4th Street within the project limits. Assumotions/Clarifications 1. City front end documents will be used for bidding. 2. City will reproduce and distribute plans/specifications for bidding. 3. City will review closed circuit television survey of sanitary sewers in project area to identify any areas in need of repair. If repairs are necessary, data will be provided to Consultant. 4. Project qualifies for a No Notice General Environmental Resource Permit, and therefore no permitting through South Florida Water Management District will be required. 5. City will pay all permit application fees. BUDGET Task Amount Task 1 - Design Task 2 - Regulatory Coordination/Permitting TOTAL LUMP SUM $ $ $ 16,656 5.776 22,932 SCHEDULE Task Time of Completion from NTP 8 weeks 12 weeks Task 1 - Design Task 2 - Regulatory Coordination/Permitting FtP:ProposalsDelrayBeach001 :01-27-05 Page 2 of 2 r ~ ¡¡r ~ ~ 2t :J: ~ m z » z c en ~ m 7J "'tI ~ ~ CD ü1 en '"C 0 CD a ; » 2" œ" CD_ 3rot Qs¡ -" 0 m m ~ íl ? ::T cS cS Q) S' » ~" :r :r ~ ~ñr~~~ 0 " ::J..,..,.., -Eß -Eß -Eß -Eß -Eß ~ ~ 01 ..... co ~ (¡.) O1CO.....O..... -f C en :::c 0 0 ¡. c ~ CD -f C" en » (") Õ c: iQ" .... ñ) ::J ï m ~ ~ ï ~ C 3C CD () ~ ~ 0 UI 0 en CD a CUI 3C S" 2t :::¡ õ" m ::J 3C ~ en CD .., -f 3 ::ï ~ UI ~" ~ c CD UI (") ., -So .... õ· ~ Project Manager ~ 0> co co Senior Engineer (¡.) \) \) co ~ ~ CD Engineer ü1 0 01 \) (¡.) ~ ~ 0> ~ \) CD ::I: 0 Assistant Enginee c: ü1 0 Technician ~ ~ ~ <D \) 0> 0> Adm ~ 0> coco OJ - - - C N N -.... Labor - H&S ~ P -P Y'~ cø UI~ ..... Ø) CD W 0 W - - ..... UI .... N 0 N 0 0 Ø)Ø) - - HWS (Surveying) N N 0 0 0 0 0 0 - - - TOTAL FEE N N -.... ,!') -,!') Y'!Þ cø UI~ ..... Ø) w 0 w - - .....UI N 0 N 0 0 Ø) Ø) zo m:::¡ ~-< Sto en"TI q'c CDm !.ï 3~ "C-< a OJ < m CD » 3 0 ~ ::I: Ii -0 ., s. CD (") - OJ c ~ CQ CD - Date: 17 Feb 2005 AGENDA ITEM NUMBER: ~ o AGENDA REQUEST Request to be placed on: ~ Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 01 Mar 2005 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute service authorization #04-01 with Hazen & Sawyer, Inc., for the design and preparation of construction documents for adding an additional lane on NE 4th St between NE 5th Ave and NE 6th Ave. The attached map shows the locations of this project. Total Cost of Service Authorization = $ 22,932.00. Recommendation: Approval l ~ ~ Department Head Signature: Ú ~~6 cB-~ · 2~ , r.. os- City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: I~O Initials: vet Account Number 448-5461-538-65.31 Description NE 4th St - NE 5th A v to NE 6th A v Account Balance: $205,000.00 Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:@/ No Initials: tfJ1 Hold U nti!: Agenda Coordinator Review: Received: s: \EngAdmin \Projects \2002\2002-037\OFFI CIAL \2005-03-01 agenda.doc ~ ÐA tf1 [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE ... ....CIty , 'III! 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM 1993 DATE: February 22,2004 TO: City Commission David Harden, City Manager ~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Resolution No. 7-05 (Setting Public Hearing Date for SeacrestlDel- Ida Special Assessment District Final Assessment Roll) The attached resolution will set the public hearing date for consideration of the SeacrestlDel-lda Special Assessment District final assessment roll. In April of 2000, the City Commission declared a necessity for the improvement of the Seacrest and Del-Ida Neighborhoods based upon the adopted SeacrestlDel- Ida Neighborhood Plan. The Plan called for the repaving of certain parking areas, installation of sidewalks, construction of traffic calming measures, installation of roundabouts and landscaping as well as other street beautification measures. The Plan also called for the purchasing of property and construction of parking areas. The CRA purchased property and constructed parking spaces on the property. This cost was not part of the special assessment district. The SeacrestlDel-lda Special Assessment District was established through the adoption of Resolution 45-00 on June 6, 2000, in order to defray a portion of the costs of the street beautification. The total estimated cost of the street beautification improvements was $1,543,900.50, of which the City and property owners would each pay one half of the amount. The City also made improvements to some of the public utilities in this area and these improvements were not part of the special assessment district. Construction of the street beautification improvements has been completed and a final accounting of the costs has been made. In accordance with the requirements of state law and the City's Land Development Regulations, a final assessment roll has been prepared, which will be considered for adoption at a public hearing scheduled for May 3, 2005. The City Clerk will be mailing notices to the individual property owners of the hearing and the final assessment amount. ~D ~ Our office requests that this item be placed on the March 1, 2005 City Commission agenda. Please call if you have any questions. cc: Chevelle Nubin, City Clerk Randal Krejcarek, City Engineer RESOLUTION 7-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE SEA CREST/DEL-IDA SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the April 18, 2000 meeting, the City Commission declared a necessity for the street beautification of the Seacrest/Del- Ida neighborhoods through the adoption of Resolution No. 34-00; and WHEREAS, at a public hearing held on June 6, 2000, the City Commission certified and adopted the preliminary assessment roll showing the property to be assessed and the amount of the assessments for the Seacrest/Del-Ida Special Assessment District; and WHEREAS, construction of the street beautification improvements within the Seacrest/Del-Ida Special Assessment District has been completed and a final accounting of the costs has been made; and WHEREAS, pursuant to the requirements of state law and the City's Land Development Regulations a final assessment roll has been prepared showing the property to be assessed and the amount of the assessments; and WHEREAS, the City Commission must provide notice of the fmal assessments and hold a public hearing prior to the final certification and adoption of the final assessment roll. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That a public hearing shall be held on May 3, 2005, at 7:00 p.m. at the Delray Beach City Hall Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. At the public hearing, owners of the property to be assessed or any other persons interested therein may appear before said governing authority and be heard as to the propriety and advisability of adopting such final assessment roll. Section 2. That the City Clerk shall mail notice of the public hearing to each property owner listed in the final assessment roll. Section 3. That the City Clerk shall publish notice of the public hearing in a newspaper of general circulation within the county. Res. No. 7-05 Section 4. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 1st day of March, 2005. MAYOR ATTEST: City Clerk Res. No. 7-05 ~ ~ TO: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAV,I~R~ITY MANAGER PAU[~ORLlÑG, D~CTOR OF PLANNING AND ZONING MEETING OF MARCH 1,2005 ** CONSENT AGENDA** AUTHORIZATION OF THE BIOLOGICAL MONITORING ACTIVITIES TO BE CONDUCTED BY COASTAL PLANNING AND ENGINEERING IN ASSOCIATION WITH THE UPCOMING BEACH RENOURISHMENT ACTIVITY. BACKGROUND In response to the recent hurricane events which impacted the State of Florida the Federal Government under the authority of Public Law 84-99 allocated funds for construction repair of the beach renourishment hurricane damage at a 1 00%) Federal cost. The Planning and Zoning staff along with Coastal Planning and Engineering have been working with the Army Corp of Engineers and the DEP to secure a commitment of funds as well as expedite the Plans and Specs and permits necessary to qualify for the placement of emergency fill. These efforts have been successful and the DEP has issued a permit to the Army Corp of Engineers which will place approximately 400,000 cubic yards of sand on virtually the entire length of the beach. The Army Corp of Engineers will conduct a Bid opening on February 25, award a contract on March 2 and issue a "Notice to Proceed" on March 7, 2005. The project is required to be completed prior to May 1, 2005 and the placement of fill on the beach is anticipated to take approximately two weeks dependent on the weather. This project is estimated to have a project cost including mobilization, demobilization and placement of sand valued at between 3 to 4 million dollars, all of which will be at a 100% Federal cost. The local sponsor (City of Delray Beach) is required to conduct the biological monitoring requirements outlined in the Department of Environmental Protections permit. These monitoring requirements include pre-construction, construction and post-construction environmental monitoring, pre-construction and post-construction surveys, and construction observation and project coordination. For a complete discussion of each of the tasks please refer to the attached scope of work from Coastal Planning and Engineering. The proposed fee for this task is $192,817. Funds for this item are available in the Beach Restoration fund and these costs are 1000/0 reimbursable from a combination of Federal, State or County governments. RECOMMENDED ACTION By motion, authorize Coastal Planning and Engineering to proceed with the Biological monitoring activities associated with the upcoming emergency beach renourishment activity. Attachment: CPE Scope of Work ~E Cc '". ...5, Flif L COASTAL PLANNING & ENGINEERING, INC. COASTAL & OCEAN ENGINEERING COASTAL SURVEYS BIOLOGICAL STUDIES GEOTECHNICAL SERVICES 4819.20 (561) 391-8102 Fax: (561) 391-9116 Internet: http://www.coastalplanning.net E-mail: mail@coastalplanning.net 2481 N.W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431 February 23, 2005 RECEIVED FEB 2 3 2005 Paul Dorling, AICP Director of Planning and Zoning City of Delray Beach 100 Northwest 1 Avenue Delray Beach, FL 33444 PLANNING & ZONING Re: Proposal for the Coastal Engineering Delray Beach Hurricane Damage Beach Repair Project Dear Mr. Dorling: In 2004, Hurricanes Frances and Jeanne impacted the beach and caused beach erosion. In response, the Federal government under the authority of Public Law 84-99 allocated funds for construction repair of the beach nourishment hurricane damage at a 100% Federal cost. Nevertheless, the local sponsor (City of Delray Beach) is expected to be required to address some project requirements in order for the project to proceed. This is a proposal to provide local sponsor required services to the City of Delray Beach for the u.s. Army Corps of Engineers Public Law 84-99 repair of beach hurricane damage. It is anticipated the beach repair, through fill placement, will occur within the next few months. This proposal assumes a two (2) week construction period. This scope of services addresses the permit required environmental monitoring and physical surveying services required by the Florida Department of Environmental Protection (DEP) and USACE permits for beach fill placement activities, and for construction observation and project coordination. Project monitoring requirements proposed herein are based on monitoring requirements contained in DEP Permit No. 0178582-001-JC and/or the Department of the Army Permit No. 198990053 (IP-DSG), issued for the renourishment project which was constructed in 2002. The 2002 permits remain active and will be used to conduct the beach repair construction. The services provided by this proposal include the pre-construction, construction and post- construction phases of the project. Pre-construction services include pre-construction environmental monitoring and physical (beach and hydrographic monitoring) required by permits. Construction phase services include environmental monitoring required to meet permit requirements, as well as project coordination and construction observation. The proposed project coordination and construction observation are estimated to be two (2) weeks in duration. A set of detailed cost estimate spreadsheets, which delineate labor, equipment and direct costs associated with each activity, have been included with this Scope of Services. 4819.04 February 23, 2005 Page 2 The following are the proposed services to be provided in support of the City: PRE-CONSTRUCTION PHASE: Task 1: Pre-Construction Environmental Monitoring (DEP Permit Page 16; Paragraph 2): Pennits for the beach renourishment project require monitoring associated with environmental protection. The DEP pennit for the project requires one (1) pre-construction, barrier reef monitoring event, weekly monitoring and one post-construction phase monitoring event of the hardbottom edge to check for physical effects of the project on significant marine resources. CPE proposes to conduct one (1) pre-construction phase survey of the barrier reef resources as part of Task 1. A second DEP pennit requirement included in Task 1 is preparation for, and attendance at, the mandatory (as required by pennit) pre-construction meeting with the dredge contractor, u.s. Anny Corps of Engineers, City of Delray Beach and applicable agency personnel. We have assumed that this meeting will be held at the City of Delray Beach and CPE will have two professionals attend the meeting to discuss construction, environmental and pennit compliance issues associated with the DEP pennit. Task 2: Pre-Construction Beach Condition Survey (DEP Permit Page 16; Paragraph 3): Prior to the construction of the beach repair project, the project area will be surveyed by CPE surveyors in compliance with pennit requirements. State profile lines R-178 through R-191 (14 lines) will be surveyed. The survey will be conducted in compliance with Florida Department of Environmental Protection standards for beach surveys. After the CPE pre-construction survey has been conducted, the survey infonnation will be submitted to the City and DEP. A hydrographic surveyor familiar with monumentation and beach conditions on the City beach and DEP requirements will supervise the surveys. Survey infonnation will be digitized and checked for accuracy. All beach profiles will extend from the beach monuments to a distance of 1500 feet seaward or out to the depth of closure if it is greater. A monitoring report will be prepared and submitted within 90 days of completion of the post-construction survey, as detailed in the DEP pennit. CONSTRUCTION PHASE: Task 3: Construction Observation and Project Coordination: CPE will conduct daily construction observation of the construction activity of the beach repair project as the agent for the City for a period of two (2) weeks. We will conduct primarily daylight observations, with occasional early evening monitoring of the project. We will gather and compile water quality monitoring data collected from the dredge contractor for submittal to the DEP as required by the project pennit. Representatives from CPE involved with the project will be available for meetings, as needed, during the construction of the project. The U.S. Anny Corps of Engineers will control the project construction, however, the City will have input into the Corps of Engineers and we will act as the agent for the City. COASTAL PLANNING & ENGINEERING, INC. 4819.04 February 23, 2005 Page 3 Task 4: Construction Phase Environmental Monitoring (DEP Permit Pages 15 and 16; Paragraphs 1 and 2: Pennits for the beach renourishment and beach repair project require monitoring associated with environmental protection during project construction. Specifically, monitoring of water quality and significant marine resources is mandated in the DEP and USACE project pennits. During construction, the DEP pennit requires weekly reef observations and documentation of the hardbottom edge to monitor for physical effects of the project on significant marine resources. Specifically, the offshore barrier reef adjacent to the project work area will be monitored. CPE will provide resource observation and documentation services conducted by marine biologists. Observations will be conducted as weather and sea state allow. Two (2) monitoring events are provided for the construction phase. In addition to resource monitoring, the dredging contractor will be responsible for collection and analysis of water quality samples every six hours during active construction. As the pennittee for the project, the City of Delray Beach is required to review the monitoring results and submit weekly monitoring reports to the appropriate regulatory agencies. On behalf of the City, CPE will collect the water quality monitoring data from the contractor, review and compile the results into summary tables, and submit the results to the State and Federal resource protection agencies. A two (2) week water quality monitoring period is assumed. POST -CONSTRUCTION Task 5: Post-Construction Beach Condition Survey and Environmental Monitoring (DEP Permit Page 16; Paragraphs 2 and 3): A post-construction survey of the completed beach nourishment project will be conducted and in compliance with the DEP pennit. The survey will establish the immediate post-construction beach condition as a baseline for comparison to future beach perfonnance monitoring surveys. The survey will include dry beach and hydrographic surveys of the newly repaired beach on DEP profile lines R-178 through R-191. Ninety (90) days after completion of the post-construction survey, a report will be prepared and submitted to the DEP documenting the results of the survey. In addition, a post-construction reef observation documentation monitoring event will be conducted after all floating equipment has been demobilized from the project area. The purpose of the post-construction monitoring event will be to observe and document the reef condition at the conclusion of the project. The fee to provide the services contained in this proposal, are as follows: Task 1. Task 2. Task 3. Task 4. Task 5. Pre-Construction Environmental Monitoring: Pre-Construction Beach Condition Survey: Construction Observation and Project Coordination: Construction Phase Environmental Monitoring: Post-Construction Beach Condition and Environmental Monitoring Survey Project Total: $ 34,444 $ 36,892 $ 15,892 $ 44,495 $ 61,094 $ 192,817 COASTAL PLANNING & ENGINEERING, INC. 4819.04 February 23, 2005 Page 4 If you should have any questions, please call me. S incerel y, Richard H. 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I / C J / ¿^j , :~J I/,ll: k .'1 .,A~<..L.J Description I~vt Ai f:::{SW/èaic;v rd.,. _~ ('/')~'.~PRV: ~ - I ¡thy % 4.-1 :.A,h l-1i'W1 r-<>J . (if applicable) Account Balance: 11/72 r-/'1 . I Funding Alternatives: City Manager Review: Approved for Agenda: rf[;) No Initials: ~ Hold Until: Agenda Coordinator Review: Received: '. TO: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DA~ ~~~:r MANAGER PAUL DORlING, ~CTOR OF PLANNING AND ZONING MEETING OF MARCH 1,2005 ** CONSENT AGENDA** AUTHORIZATION OF EXPANDED SEA TURTLE MONITORING ACTIVITIES IN ASSOCIATION WITH THE UPCOMING BEACH RENOURISHMENT ACTIVITY THROUGH THE YEAR 2007 FOR A YEARLY RATE OF $38,750.00 ~ð't I BACKGROUND In June, 1994 the City Commission approved an amendment to the letter agreement with Dr. John Fletemeyer, our turtle monitoring contractor, for the sea turtle conservation project. The agreement was for four years at an annual cost of $9,844.20. On March 4, 1997, this agreement was amended to include an additional six weeks of monitoring as required by the Florida Department of Environmental Protection. This amendment extended the current turtle monitoring contract through October, 2000 at an annual cost of $13,444.20. Monitoring commences each year from March 1 st and continues until the end of the sea turtle hatching season (October 31st). A request was received and approved by the City Commission on February 25, 2000 for a contract extension at no increase in costs. The extension permitted some long range planning and the continuation of the program at its current level of commitment until the end of the year 2004. As part of the 4th beach renourishment project in 2002, the cost associated with sea turtle monitoring increased to $27,304.20. The City Commission approved the increase in the cost through the 2004 season at its meeting of March 5, 2002. The current Department of Environmental Protection's permit requirements for the 2005 emergency beach renourishment task will require relocation of all nests along the entire beach for the first two months of the turtle season. This added task along with rising labor and insurance costs has increased the yearly turtle monitoring task costs for 2005 to $38,750.00. This permit requires that this expanded level of turtle monitoring activity continue for three years (through 2007). Dr. Fletemeyer has agreed to maintain this current cost ($38,750.00) over a three year period through the end of the 2007 turtle season coinciding with this permit condition period. The funds for this task are available in the Beach Restoration Fund (Account No. 332-4164-572-34.90) and are partially reimbursable from State sources. R E COM MEN D E D AC T ION By motion, authorize the expanded sea turtle monitoring activities in association with the emergency beach renourishment activities in the amount of $38,750.00 per year through the year 2007. Attachments: Scope of Work ~F 02/19/2005 12:37 9545254031 INTL HALL OF FAME PAGE 02 Dr. John R. Fletemeyer 1744 S.E. rI" Street Ft. Lauderdale, Fl. 33318 (954) 463-9000 February 19. 2005 Mr. Paul Dorting Director of Planning and zoning City of Delray Beach 100 N.W. 18t Ave. Delray Beach, FI. 33444 Dear Paul. Please find enclosed my proposal for three years (2005-2007) of sea sea turtle monitoring. In regards to justifying my request for an increase since my last proposal in 2002 was approved, the following considerations were made. 1. The cost of premium fuel has increased from $1.75 to $2.23 a gallon. 2. My insurance premium has doubled. 3. The cost of labor has increased 36% 4. The scope of this year's project has been expanded to indude a longer stretch of beach and to the requirement of excavating 100°A, of the nests during the construction phase of this program. Note that this contrad only applies to the specifications appearing in my proposal. There are no provisions for nighttime monitoring because based on our conference meeting held on February 18, 2005. you indicated that this will not be necessary. Also the contract price assumes cooperative help from the monitoring programs conducted in Gulfstream and in Highland Beach. Over the past six years through coordination with Dr. Robin Trindel, obtaining data in the south control area by simply making a written request. 02/19/2005 12:37 9545254031 INTL HALL OF FAME ........- ..- I'm assuming that this also will be the case in Gulfstream if Robin wants the north control area further expanded- I'm currently in the process of mobilizing for the 2005 season. It will be necessary to meet with the successful dredging contrador, presumably Great Lakes Dock and Dredge. in the near future. To help with my monitoring plans, it will be useful to know where dredging will begin and where it will move from there. rely. J-. PAGE 03 ~~/!~/~~~~ 1~:~1 . ~~q~~~q~~l lNIL HALL U~ ~AM~ r'Ab~ ~q. ........-- .- PROPOSAL Modified 2005 De/ray Beach Sea Turtle Monitoring Program Beckaround: In response to the two hurricanes that impacted Delray Beach in 2004, a beach sand renourishment program has been approved for approximately 2.4 miles of beach. This program will be conducted in March and April, 2005 and corresponds with the beginning of the sea turtle nesting season. Scooe: At the dir:ection of U.S. and Wildlife, the Floods Department of Fish and Wildlife and the U.S. Army Corps of Engineers. the 2005 Delray Beach Sea Turtle Conservation Program will be expanded to include the following provisions. This program shall be oonduded over the next three nesting seasons beginning in 2005 and conduding in 2007. The Prindple Investigator, Dr. John R. Fletemeyer, shall obtain necessary permits to condud this program. (Note a permit modification was requested to TP 93 on February 18, 2005). The Principte Investigator shall arrange a pre construdion meeting to discuss the sea turtle program as it relates to dredging adivities. Note, the P I shall have the authority to stop dredging activity in the event that a -take- has been observed. The PI shall be responsible for monitoring the beach every morning beginning March 1 t 2005 for sea turtle nesting activity. The PI shall make periodic inspections of the discharge pipe for evidence of 8 sea turtle take. The PI Shall excavate and remove to a safe location out of the project area all sea turtle nests until the dredging is concluded on or before the end of April. Following the conclusion of dredging, all nests will be identified w;th a minimum of one stake and an information sign. These nests will be monitored on a daily basis until the time of hatching. At 'east 50% of all nests identified will be excavated and their contents win be examined according to accepted U.S. Fish and Wildlife aiteria. Nests located 02/19/2005 12:37 9545254031 INTL HALL OF FAME PAGE 05 below the mean high water line will be excavated and moved further west, well above the high tide line- The PI or his designate shall make periodic inspections of the beach to identify erosion scarps with a profile that prevent turtles ha'ling access to the beach. Reports of scarps will be made to the Delray Planning and Zoning Department. A minimum of four monthly lighting violation inspections witl be made by the PI beginning June 1 s 2005. Reports of violations will be made to the Detray Planning and Zoning Department and to the Delray Code Enforcement Department. The PI shall be responsible for submitting special "take- reports involving any lighting incidents responsible for a hatchling disorientation event As required by the U.S. Fish and Wildlife Service, an expanded monitoring area will be added to ¡ndude control areas located immediate north and south of the projed ares. As in the case during the last three years (2001-2004), nesting data for the control areas outside of Delray Beach wilt come from monitors permitted in Highland Beach and in Gutfstream. It will be the responsibility of the PI to coordinate this activity. The P.I. shall submit monthly status reports to Mr. Paul DorIing or his designate and shall submit a final report similar to the one that has been submitted by the PI during the past 23 seasons. A second final report shall be submitted the U.S. Fish and Wildlife Service and to the State of Florida. In Additìon the P_I. shall · Provide the City cI Delray Beam with contracto(s insurance equally the amount supplied over the last ttvee years. · Provide all materials, including the lease or purchase of a vehicle, gas and all the necessary supplies needed to complete this project as desaibed in the above. · Provide necessary labor. · Provide a emergency -hotline- number for contact by Delray Police Dept., Delray Cod Enforcement Dept., the Delray Zoning and Planning Dept. and by the dredging oontractor. ðmount: $ 38.750.00 (2005 and 20(6) $ 39,912.50 (2007) AGENDA ITEM NUMBER: ßF Date: 0 ~ - ~~ -O~ AGENDA REOUEST Request to be placed on: ~onsent Agenda _ Regular Agenda When: WwJt 1 , 'ZooS" _ Workshop Agenda _ Special Agenda Description of agenda item (who, what, where, how much): f11Þ~ r: .J>-.{p~ ~ Tu.<.fe ~_ ~.~ v.:. ~f+- \N\~ ~ ~~ ~ ~ 4' Department Head Signature: ? ~ ~ City Attorney Review/Recommendation (if applicable): N A· Budget Director Review (required on all items involving expenditure of funds): Funding Available: L9NO Initial~aI£~ Account Number J 7 2 - 4./ t:. 1.1- - f 7 L - J Lie CfO Description ;k a.l Iv ;; ç II?, f Jj ò/l, d to,.)fÆ. fJ (S . Account Balance: ~ ,3 ~ t) / ù. / 1/ ;¡ '0 Jo~ /ÑA/". ~t u n'J¡. /4 /~ '¿j(p ({),.J/-1!Øii I ~ /~að. Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ({;;); No Initials: ~ Hold Until: Agenda Coordinator Review: Received: A:/ MEMORANDUM TO: David T. Harden, City Manager Lula Butler, Community Improvement Director .tb Kendra W. Graham, C.D. Administrator ~ Ferline F. Mesidort, C.D. specialis~ February 22, 2005 THRU: FROM: DATE: SUBJECT: Request for Subordination - Applicant (Trinetta Barr) ITEM BEFORE THE COMMISSION City Commission authorization and approval to subordinate its second mortgage position in the amount of $17,000.00 to allow the homeowner, Trinetta Barr, to refinance the first mortgage at a lower rate and a shorter loan term. BACKGROUND Ms. Barr is a homeowner within the CDBG Target Area. In January of 2002, she participated in the First-Time Homebuyer's Program. Ms. Barr was assisted with funds from the SHIP Program. The first-time homebuyer assistance is secured with a second mortgage/promissory note and will be forgiven on a pro-rated basis specific to the duration of the note. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five years and grant amount equal to or greater than $15,000, but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. Therefore, the current agreement will remain recorded as a covenant to the property until June 2012. RECOMMENDATION Staff is recommending City Commission approval of Trinetta Barr's request to subordinate its second mortgage position in the amount of $17,000. The subordination meets all the requirements of the City's Subordination Policy. ~G Prepared by and Return to: Community Development City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 SUBORDINATION AGREEMENT WHEREAS, undersigned is the owner and holder of that certain mortgage executed by Trinetta Barr to CITY OF DELRA Y BEACH, Florida to secure an original indebtedness of $17,000.00, said, mortgage being dated the 8th of January. 2002. and recorded on January 10, 2002 in Official Record Book 13297 Page 1291 in the Public Records of PALM BEACH County, Florida said Mortgage encumbering the following described lands situate in PALM BEACH County, Florida: 17-46-43. S50 FT ofNI00 FT ofW136 FT ofE285 FT ofS1/2 ofN1/2 ofLT 6. PG 1. PB 4 WHEREAS, a portion or all ands aforedescribed have been mortgaged by Trinetta Barr to HSBC, (hereinafter called the LENDER) to secure a mortgage loan of $17,000, said mortgage to the lender being dated and filed in Official Record Book_, Page _, Public Records of Palm Beach County, Florida. WHERAS, the LENDER would not close its mortgage loan and disburse the proceeds thereof unless its mortgage were a first lien, superior in right and dignity to the lien of the Mortgage held by the undersigned: NOW, THEREFORE, For and in consideration of One Dollar, in hand paid by the LENDER, receipt whereof is hereby acknowledged, and to induce the LENDER to disburse the proceeds of its mortgage loan aforedescribed, the undersigned do hereby represent, warrant, covenant and agree as follows: 1. That the Mortgage held by the undersigned and described in the first paragraph of the preamble of this Indenture, together with the indebtedness secured thereby, is owned by the undersigned and that neither said mortgage nor said indebtedness has been assigned, transferred, or pledged to any person whomsoever, so that the undersigned have full right, and authority to execute this SUBORDINATION AGREEMENT. 2. That the Mortgage held by the undersigned and described in the first paragraph of the preamble of this Indenture, and the same hereby is declared to be for all times inferior and subordinate in lien, right and dignity to the mortgage held by the LENDER hereinabove described, just as though said mortgage to the LENDER were executed, recorded and closed prior to the execution of the mortgage held by the undersigned and herein subordinated. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this , 2005 day of Signed sealed and delivered in the presence of: CITY OF DELRA Y BEACH Witness (Print) By: Witness (Print) Print: Address: 100 NW 1 st Avenue. Delrav Beach. Florida 33444 State: FLORIDA County of PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 2005 by as, Mayor of City Delray Beach, He/She is personally known to me or has produced a driver's license as identification Approved as to form and legal sufficiency: Notary Public Printed name: My Commission Expire: (SEAL) By: City Attorney Agenda Item No.: )S'G AGENDA REQUEST Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda Date: February 22, 2005 When: March 1, 2005 Description of item: Authorization and approval to subordinate the City's second mortgage position in the amount of $17,000 to allow Trinetta Barr to refinance their mortgage at a lower interest rate and shorter term. Recommendation: Staff recommends approval and execution of the subordination agreement. Department Head Signature: ~..:::.:..:- .~ City Attorney Review/Recommendation (if apphcable): ::::--. Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: Hold Until: ~o~ Agenda Coordinator Review: Received: Placed on Agenda: ~~ø! --- -- -.--- --- ...- _.I CITY COMMISSION DOCUMENTATION FROM: ING AND ZONING DIRECTOR TO: THRU: IC PRESERVATION PLANNER SUBJECT: MEETING OF MARCH 1, 2005 ** CONSENT AGENDA** AUTHORIZATION TO PROCEED WITH THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT SITES SURVEY BACKGROUND In March, 2004, the City received an $8,000 matching grant from the Florida Division of Historical Resources to obtain survey information pertaining to the Old School Square Historic Arts District. Approximately 250 structures will be surveyed and the completed survey information will be available to residents, city staff, the Historic Preservation Board, and local schools and organizations in the Delray Beach area for use as a reference tool when researching architectural history. The information will also be used when conducting reviews for Planning and Zoning projects and Certificates of Appropriateness, and for future assessment of National Register district status. In June 2004, the City published a Request for Proposals (RFP) for the Old School Square Survey Grant. There were five responses received by the deadline; however, only two of the five submitted a formal proposal and, in August, 2004, GAl Consultants, Inc. were selected to undertake the survey. GAl Consultants, Inc. are now ready to start the survey and an agreement has been drawn up which has been approved by the Florida Division of Historical Resources and the Assistant City Attorney. Authorization to proceed is now requested from the City Commission. L._____. RECOMMENDED ~CTI~~_._ _____ _ ____. __ .J By motion, authorize the Old School Square Historic Arts District Sites Survey task. Attachments: Agreement %\-\ AGREEMENT THIS AGREEMENT is made this day of , 2005 by and between the CITY OF DELRA Y BEACH, FLORIDA, ("City") and GAl CONSULTANTS, INC. ("GAl"). WIT N E SSE T H: WHEREAS, the City Commission desires to obtain a survey of the approximately 250 buildings and structures in the Old School Square Historic District, and WHEREAS, GAl has performed many such surveys and wishes to perform this survey for the City. NOW, THEREFORE, based on the mutual covenants and promises herein contained, the parties agree as follows: 1 . Obliaations of GAl: Proiect Obiective - Survey Old School Square Properties Conduct a survey of all contributing and non-contributing buildings and structures within the Old School Square Historic District boundaries by preparing a historical overview of the area, survey boundary, and architectural information in report form, Florida Master Site File forms, maps, and photographs, each in paper and digital formats for future GIS compatibility. General Reauirements of the Survey All of the elements of the survey will be performed by GAl, with contract management by the Planning & Zoning Department. The Survey will meet all requirements of Attachment 8 of the Historic Grant-in-Aid Agreement including the requirements of Florida Administrative Code Chapter 1A-46, "Archaeological and Historical Report Standards and Guidelines". Deliverable Materials and Final Product GAl will be responsible for providing the following: 1. A monthly progress report summarizing the status of the project and work accomplished. 2. A draft of the survey report available for review and comment by Planning and Zoning staff and the Florida Division of Historical Resources no later than April 29, 2005. 3. A final paper and digital draft of the survey report and Site File Forms ready for forwarding to the Florida Division of Historical Resources no later than June 30. 2005. which includes the followina: A. Seven (7) copies of the completed survey report including: · Title page indicating the name of the project, the name of the author, and the date of the report. · An acknowledgments page citing the sources of funding and other significant assistance, a disclaimer, and Title VI statement. · An introduction describing the origin and objectives of the project. · An historical overview of Delray Beach including identification of individuals and organizations that played significant roles in the development of the City. · A brief overview of the local register status and the process of Certificate of Appropriateness review. · A description of the survey boundaries including district map. This section should also indicate the background for the establishment of the Local Register district and any National Register listings encompassed within the district. An analysis of the potential National Register status of the district must also be included. · Survey information pertaining to each contributing and non-contributing building and structure within the district including corresponding Site File Forms, maps, and photos in paper and digital formats. · A list of bibliographic sources and other appropriate supplemental material. Proiect Duration and Schedule The contracted services as specified above shall begin upon notice to proceed from the City and continue diligently until finished. The schedule is as follows: Start Date: Monthly Status Report: Draft Report: Final Draft Report: February 28, 2005 Last day of each month April 29, 2005 June 30, 2005 In no event shall the final product be delivered to the City later than June 30. 2005 unless a deadline extension is granted to the City by the Florida Division of Historical Resources. If the final product is not delivered on time, final payment shall be withheld by the City. Payment Schedule The City shall pay GAl a total amount of $15,000.00. Payment to GAl shall be made as follows: 25%) upon invoice, 30 days from start, provided satisfactory progress has been made. 25% upon invoice, 60 days from start, provided satisfactory progress has been made. 25% upon invoice, upon delivery of the Survey draft. 25%) upon invoice, upon delivery of Final Survey Report. 1 OO°J'o 2. Termination: Either party may terminate this Agreement with cause upon giving the other party fifteen (15) days written notice of the termination. Upon receiving such notification the non-terminating party shall have 15 days within which to cure any breach of the agreement. If the non-terminating party fails to cure the breach within the time period allowed the terminating party shall have all rights and causes of action against the non-terminating party as allowed by law. The City has the right to terminate this Agreement at any time upon 15 days notice to GAl, with or without cause. If the City terminates the Agreement without cause the City shall provide payment to GAl for its services up to the point of termination. 3. Indemnification: GAl shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from work done by GAl in the performance of the Contract except to the extent caused by the negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by GAl. The parties understand that the City does not waive its sovereign immunity under Fla. Stat. §768.28. 4. Venue/Laws: This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 5. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: For GAl: David Harden, City Manager City of Delray Beach 100 NW 1st Avenue Ben Resnick Group Manager, Cultural Resources GAl Consultants, Inc. Delray Beach, FL 33444 Pittsburgh Office 385 East Waterfront Drive Homestead, PA 15120-5005 6. Eaual Emplovment Opportunity Compliance: GAl shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title I of the Americans with Disabilities Act of 1990 in that: No person in the United States shall on the grounds of race, creed, color, national origin, sex, age, political affiliation, beliefs, or disability be subject to discrimination under any program or activity which the Contractor has agreed to undertake by and through the covenants and provisions set forth in this Contract. 7. Access to Records: The City, the Department, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of GAl which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcription. GAl shall maintain all required records for FIVE years after the City make final payment and all other pending matters, if any, are closed. 8. Entire Aareement: This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Legal Form: City Attorney GAl CONSULTANTS, INC. By: WITNESSES: (print or type name) (print or type name) (print or type name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 200_, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida Date: O~ - :1-~ - 0 S" AGENDA ITEM NUMBER: <g,\\ AGENDA REOUEST Request to be placed on: ~onsent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: ~ j. ZooS- . Description of agenda item (who, what, where, how much): ~ +ø ~ w.¥ ~ O(~ ç~ ç~ fk.;~ A1.h J)r.rkJ s.Ja.. ç;~ City Attorney Review/Recommendation (if applicable): Ñp... PJ~' Department Head Signature: Budget Director Review (required on all items involving expenditure of funds): Funding Available: @/NO Initials: ti IÅ ) ~ Account Number OC l -- ';¡"Ç'( (- n t - 11 1'íJ Description S ~ ~ Account Balance: 'Þ..c¡ /J.5D Funding Alternatives: ~Oøo.60 n/ fi~UL~. ~ f ~~ ~ I ~ c£~ (if applicable) City Manager Review: Approved for Agenda: t;;J/ No Initials: ~ Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: ~llY MANAGER SUBJECT: AGENDA ITEM # ~ J:. REGULAR MEETING MARCH 1.. 2005 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: FEBRUARY 25, 2005 Attached is the Report of Appealable Land Use Items for the period February 14,2005 through February 25, 2005. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. s: \ City Clerk \ agenda memos \apagmem.03.01.05 CITY COMMISSION DOCUMENTATION TO: DAVID T. HA~~ THRU: PAUL DORlING, DIRECTOR 0 ANNING AND ZONING FROM: JASMIN ALLEN, PLANNER ~nW1 ~ SUBJECT: MEETING OF MARCH 1,20 5 *CONSENT AGENDA * REPORT OF APPEALABLE lAND USE ITEMS FEBRUARY 14, 2005 THRU FEBRUARY 25, 2005 ACTION REQUESTED OF THE COMMISSION The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of February 14, 2005 through February 25, 2005. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. PLANNING AND ZONING BOARD No Regular Meeting of the Planning and Zoning Board was held during this period. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF FEBRUARY 23, 2005 A. Approved with conditions (5 to 0, Reginald Cox absent, Christina Morrison arrived late), a request for a flat wall sign for Subway within the Lavers International Plaza, located on the south side of Linton Boulevard, east of SW 10th Avenue (660 Linton Boulevard #18). B. Approved with conditions (4 to 0, Dan Carter stepped down), a Class II site plan modification and landscape plan associated with the replacement of landscape materials within the common entrance area along West Atlantic Avenue for the Hamlet Country Club, located on the intersection of Hamlet Drive and West Atlantic Avenue (5600 Hamlet Drive). C. Approved with conditions (6 to 0, Christina Morrison arrived), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 40,757 sq. ft. industrial building for Wallace Drive Commerce Center, located at the northwest corner of Wallace Drive and Georgia Street. Concurrently, the Board approved the following waivers: · Approved the location of overhead doors facing the Poinsettia Drive and Georgia Street rights-of-way. City Commission Documentation Appealable Items Meeting of March 1, 2005 Page 2 · Eliminated the required terminal landscape islands on the east sides of the parking tiers abutting the loading areas. D. Approved (3 to 2, Dan Carter stepped down; Christina Morrison and Jose Aguila dissenting), an extension of the site plan (expires September 13, 2006) for Roof and Rack, a proposed 26,050 sq. ft. industrial development located on the west side of SW 10th Avenue, 100 feet south of SW 10th Street. E. Tabled (5 to 0, Dan Carter stepped down), a Class V site plan, landscape plan and architectural elevation plan for Weatherspoon Car Wash, located on west side of North Federal Highway, approximately 1,600 feet south of Gulfstream Boulevard (2210 North Federal Highway). The Board voiced concerns with the design the vacuum lanes and requested that landscape islands be provided; that the applicant provide a complete design of the office building elevation; provide sound proofing devices for vacuum cleaners, recessed lighting fixtures and reconsider the proposed color of the awnings. ~. HISTORIC PRESERVATION BOARD MEETING OF FEBRUARY 16, 2005 1. Approved (5 to 0, Jeffrey Silberstein and Michelle Reich absent) a request for a Certificate of Appropriateness associated with the installation of storm protection on a non-contributing residential building located at 321 SE 7th Avenue (east side of SE th Avenue, south of SE 3rd Street). 2. Approved (5 to 0), a request for a Certificate of Appropriateness associated with alterations to a non-contributing residential building located at 543 NE 3rd Avenue (east side of NE 3rd Avenue, north of 5th Street). 3. Approved (5 to 0), a request for a Certificate of Appropriateness associated with the installation of storm protection for a non-contributing office building for 222 Palm Court, located on the southeast side of Palm Court between NE 2nd Avenue and George Bush Boulevard. RECOMMENDED ACTION By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA City Commission Meeting MARCH 1, 2005 -J ~ ~ "" uJ L -30 CANAL Q a:: UJ ~ :::> ~ <: ~ :::> 0 "« CD to- CI) ~ UJ a:: to- t.> <: LiS ~ CI) CI) I I -.J Q ð a:: LAKE IDA ROAD ~ :;) o CI) ~ t.> ~ a:: "« CD LAKE Ø4 ROAD r- - I ---____...1 >:i :::,;; I qf I I I I r- - I L_ L___---..J---, I BOULEVARD S W 2ND ST ~ ~ ~ "« "« '::: § ê; '- ~ ~ 3:: 3:: CJ ~ CI) CI) UJ :5 0 ~ CD 10TH .~ " Q ~ 0 '::: ~ ........ UJ :< " 0 ~ :J: ~ In LJl¡ L r-..J : L__J ~ LOWSON BOULEVARD >- a:: ~ ::; :i LINTON CI) æ a:: CI ~ (.) I =={ L_ ~ :;) o CI) -J ~ ~ "" uJ ------------------------ L -38 CANAL ~ SPRAB A. SUBWA Y-LA VERS PLAZA B. HAMLET COUNTRY CLUB C. WALLACE DRIVE COMMERCE CENTER D. ROOF & RACK E. WEA THERSPOON CAR WASH HEB 1. 321 SE 7TH A VENUE 2. 543 NE 3RD A VENUE 3. 222 PALM COURT - - - - - CITYLIMITS - - - - - ONE MILE GRAPHIC SCALE CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT NOVEMBER 2004 - - DIGITAL BASE MAP SYSTEM -- MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGE~ AGENDA ITEM # g:r - REGULAR MEETING OF MARCH 1.. 2005 AWARD OF BIDS AND CONTRACTS TO: SUBJECT: DATE: FEBRUARY 25, 2005 This is before the City Commission to approve the award of the following bids: 1. Purchase award to Florida Bullet in the amount of $17,030.50 for the purchase of ammunition for training, new hire and annual qualifications, and mandatory tactical training for the Police Department. Funding is available from 001-2111- 521-52.20 (General Fund/General Operating Supplies). 2. Bid award to Red Wing Shoe Store at an estimated annual cost of $31,900.00 via the City of Pompano Beach Bid #H-24-05 for the purchase of safety shoes for City Employees. Funding is available from various departments' operating expense budgets. 3. Purchase award to Clarke Waste Systems, Inc. in the amount of $25,050.00 for the purchase of an Applied Green Machine Sidewalk Sweeper Model 424 RS. Funding is available from 119-4144-572-64.90 (Beautification Trust Fund/Other Machinery /Equipment). Recommend approval of the above bids and purchases. s: \ City Clerk \agenda memo \Bid Memo.03.01.05 Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 p~LR"A': B~AÇ~ Da:I:II All-America City , III I! Joseph L. Schroeder Chief of Police 2004 1993 2001 MEMORANDUM TO: David Harden City Manager Tina L. Lunsford ~ Administrative Officer FROM: DATE: February 14, 2005 SUBJECT: AGENDA REOUEST Attached is an Agenda Request for the City Commission meeting on March 1, 2005 for the purchase of ammunition. The Police Department needs to purchase ammunition for training, new hires and annual qualifications and mandatory tactical training for all sworn personnel. The total cost is $17,030.50. Florida Bullet is the only distributor of this ammunition. Funding is available in account #001-2111-521-52.20 Should you require further information, please contact me at ext. 7852. TLL/rmh Attachment Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence ~.i .. I ,I ~.: · ~ ¡ 'l~~':: I F= II- c:::::Þ ~.II:::»~ E:a..... II- II- E:E_ P.O. Box 7497 Clearwater, FL 33758-7497 V:(727) 461-6081 F:(727) 441-4477 INVOICE DATE INVOICE # 1/24/2005 3734 BILL TO Delray City of Attn: ACCOUNTS PAYABLE 100 N.W. 1st Avenue Delray Beach, Florida 33444 SHIP TO Delray Beach Police Dept Attn: Training/Aronowitz 300 West Atlantic Avenue Delray Beach, Florida 33444 FL Bid, Fet Out I CUST. NO. I P.O. NUMBER TERMS DUE DATE SHIP DATE VIA F.O.S. Aronowitz Net 15 2/8/2005 1/24/2005 Truck ppd ORDERED SHIPPED PART NO. DESCRIPTION PRICE EACH AMOUNT 50 50 53375 40 S&W 125 Grain CFRHT 1,000 per case 248.25 12,412.50 10 10 53395 45 Auto 155 Grain CFRHT Per 1,000 289.00 2,890.00 3 3 ICC380-075X... 380 FRANGIBLE PER 1,000 307.00 921.00 3 3 038-110XFP-M 38 Spl 110 grain Frangible per 1 ,000 269.00 807.00 ~~~Jln U<t' v (ge1 ~JlI '5ðL 5:J.JÙ RECEIVED FEB 0 7 2005 ACCðHNTS PAYAIU Total $17,030.50 .. Date: Februarv 14.2005 AGENDA ITEM NUMBER: <6¿:f, 1- AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: March 1. 2005 Description of agenda item (who, what, where, how much): The Police Department needs to purchase ammunition for training, new hires and annual qualifications and mandatory tactical training for all sworn personnel. The total cost is $17,030.50. Florida Bullet is the only distributor of this ammunition. Funding is available in account #001-2111-521-52.20 Depamnent Head ~ ;1 J f Signature: .)IJA- ()~ City Attorney Review/Recommendation C applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: @I No InirialS:¡J.. uJk Account Number ~ () 1- ~J I / - 5 ~/ - 52 JZ> Description tltmA J ~J VJo /. 'IT- J!.~ f'2tP..-v. '£~ Account Balance: # ,lS 70 ;L, Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: 81 No Initials:~ Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: David T. Harde~ City Manager FROM: Patsy Nadal, Buyer~ THROUGH: Joseph Safford, ~nce Director DATE: February 15, 2005 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING March 1,2005 - Award Contract via City of Pompano Beach Bid #H-24-05 Safety Shoes Item Before Commission: City Commission is requested to approve award purchase of safety shoes for City employees to the Red Wing Shoe Stores via City of Pompano Beach Bid #H-24-05 Safety Shoes. The estimated annual usage is $31,900.00 for the City of Delray Beach. Background: The City of Delray Beach has a need for an annual contract for the purchase of safety shoes as stated in Article #23 of ffiF&O Bargaining agreement, Section 2, Safety and Health, for approximately 195 employees. These safety shoes are available via City of Pompano Beach Bid #H-24-05 Safety Shoes awarded to Red Wing Shoe Stores. Red Wing Shoe Stores has agreed to extend to the City of Del ray Beach the same terms, conditions and pricing of the City of Pompano Beach Bid #H-24-05 Safety Shoes per attached letter dated February 01,2005. Recommendation: Purchasing Staff recommends award to Red Wing Shoe Stores via the City of Pompano Beach Bid #H-24-05 Safety Shoes at an estimated annual cost of $31,900.00. Funding fÌ"om various department's operating expense budget. Attachments: City of Pompano Beach Award Letter Bid #H-24-05 Safety Shoes Red Wing Shoe Stores Piggyback Approval ß::r .;;L 02101/05 city of Delray 100 N.W. 1st Ave. Delray Beach, FL. 33444 Patsy Nadal Red Wing Shoe Store will honor the City of Pompano Beach work shoe bid with the same conditions so the City ofDelray Beach can piggyback. If you have question please contact me at (561) 471-0382 Michael Coonerty Red Wmg Shoe Store 2505 G Okeechobee Blvd W Palm Beach, FL. 33409 Red Wing Shoe Store. Independently Owned & Operated. 2505 G Okeechobee Blvd. . West Palm Beach, Fl33409 Tel: 561-471-0382 · Fax: 561-471-0344 . Cell: 561-685-0559 . E-mail: shoemanrw@aoLcom 81450 , 1'"Rß:ÆD UIKi ~ Kl :9549174917 Feb. Ø9 2BØ5 04: 35Ft1 P3 Bf.ckWN~ RfIJ lØ';'fI. ~IIIL STDU . Cityof'~.~.... pr. ;- -..Di'" 1190 NJl3l11 It:. . C. Øe8c:b... 33OfiO BID ¡¡"24 IS - SA.JErY' SJI()D J)K uÞfI2I,2004 The c-ttyofPua4J"ßO 8Md1 ia uadeady 1O~;~1ids 10 astabJiIh..... \iUUhacll iJr1bc p¡ø.å1aK of afcty sboeI j)r Citycmp10JceL Seated 1ñda will"l~ ... :L-GO P'" (local). January 25. 200S" m. the ~ ofIicc .1190 Hmtb s.t 3td A'ft IIIIe, Buj~c. ~øpIDO Betcb. F1ðrIdL 'IbeIe 1DdI wiD thcø. be pubtiGly opmcd at tIIO tIbø¥e limo ..... fa 1I1c ..-aøe òfCity ~Ic 8i4 ~ em opcø to 1IIc pubJiç. AD hiddc:rI mdIor their atflllBldatiWC are inv.itecI to be plCIII!I& Bicllmayaot be M'I18itte4 by ûaimìIe. 0IIce 'opened, tha biå 1ri1I bo~ e¥alaItoII, and 11_ ..art." ~ OtyoflicWa "~act .-.r4. 'IbrIe."thœc (3)~ ia tIù bid: Specitíc~ CoaditiooI. 0cDeraI ~ and Pmpo8aI¿ .... read all øecôøœ~. Com.PIc* the bidÎD.~~ with the iœ1J:ud;ÍODIaod rot1In1 aD )~ ~ úddaled at tho boItoJn of eIdt pap. what,....... :yuur bid ,.~. FaiIuIe to 40 80 may.mt in1he!ejection ofJO'llbid. Il)'W øeccJ -r Mditinftat inf«matk.l...&4'" bid, ,... CGd~ Lecta IIan.Iø. ~ SUpflYlsor, at (9S4) 186-4091. 8EC11ON1-SPBCIPICA~CONDITIONS A. I!åIIt The inteDt ortbÎs bid is to establish .....~'. opea.-GId tðJdrICII Jbr 1be pœahue of IÚCt7 wort. shoes and bootS. with anc1 widJøBtalael ~ for use byY8l'ÎOUS aty ~l.bI. Shoes will be I~ for both me1e aDd fcâWe~) aa4should be mAllIl~ usina 1IippL"pattems.. Veødors tØI1tt ~1y",~ - amp1e aapofstylas and ... for both.. and tèmalc tIaóM. . Whea øccr."'Y. ~ shàI1 meet aD O.sKA. and Cîty~~1b. AD itIIœ.... beacwaDCI~. JJØftlj~....~caøymaø~eñ~ wamaaty~ md be óflbe belt qwdìty and 1ùøhaIt'" of wud.,...JI~. Bid &-U05 Pap 1 oft3 . 7...f IDidaI '.JFm1 :REDIJIN3 FAX "-tn. nu :~174B17 F~ æ 29B5 04:35PM P4 .....NaøtetUJ W,Pt SIIIi£ f1þK,! B.. ~ Period The iø\Iia10Ø0~ pedðd'" be-"-' ~..""~ ~,...-, 1.2005. orupoa .-at by"_~--City~ wIIidt .,.øœmlllaÞ;c· n.~"1Ie ....~..... tbr tIrO(2) ~.... ...,..pcd0ð8. __tM(jaIIIØt~~ or_.-e..díat1li4k~awIl'4å11·" DOIÌCe toøodlllfplll\JøtÏDlilllt _to.......-......-... parivð. whiah.... 1IIQIt 110~ by-6WøiI- __-a:aM4.--BÏ]dJ'{6O)'" pdorto __ofdleúåtW ~...peñoð. All.... JIÎIB _~.... ØIIJIIÎB- .... iDidal peri.o4 of"~ ""I~" paiácL Ia 1be.... de1~..ø"~ to" ,*-ðflllD__1IÎ08 of1bls........ tile CuøU"'" 1I1IaU~ tø&&.~ II(IØIIM....... of_ o.øI ServÍØIII ])inIc:Iur. 1he""""- perið4 aIIaU _-- ...... a..JIiMI.Y{9O)..,....,.. .. ~4atc of- cadâiDa ~ The ("..œtrIII:tW1IIaU -..01>4- -...IIM: ~atdoe""In~1hI8---'-" ilMlbdllytlleCi1J. C. ~,dItiM No --"'0It &lJllllllØlliI __orilllpJW» ........-..- 1I8patdu11Dt.. -" aflJlÏl ~ m-wBI be........ JIIIOðod TIIa CitYtpCllllslIPfIIWb" I '> P1tfl.».. yet6: tor the ,..., ofsafct.Y __ (fth a1l vee6ø.) BH*s8lløuJd W-ia........-~ ....~........./{if __ _ UJ4eød.)..... thclllÌlÛlndlD ID~ expendiáø~to tob+~a shøQDObIIc 1JÌIÎt. D. ---orA.... ~.-.i will be hid.. ....--.. ...........) oß'toqd. øIIor ......,p pnee tists. ]a order_....tbe œadø of tic City, ~_.... wi1l be JUde tø ~wødøø. 'IllDOtywill be.....jadpof~it1or--~øf abWðcJ's~ . IL ~ ~ pñciDatMRld be~. . If--' fiom a pa1I6..-.... lilt. 0It. Øøa. ~...,..,.. dDIt pdcÎDK ofidaDtWcd ...,... or a ~..;. ofhothpIÍCiDI m.eIbods. If~a~ 1UlChdw-t....be.fix--- ....-f'Mi....... pnøo 1isl DiIçount(s) ofli:nKl1llUlt be bc1d 1inu ... the adiœ pcIiocI of1lw:~ Bid 1:1-24-05 1'aF 1 of 13 -/-,J Iditiat · ¡=run :RED &JUG FFØ( tn :9549174917 Feb. 09 2œ5 04:36PM P5 ØidderNaIM þJJ tP,,,1- >116€. ~TðU Ifbl~&m ~ 4111Ût~g hûWdifteG styJas, IUd1 diIcødcct pridnc JDDII be hIIId &m tbrtbeeatite ~.L One eopy or.. ~_ pr5c lilt.... .iHDitl04 wida)Gl£hÎ4 In~ tueealfbl bidders will be ~~ to JUmisb tdditioøaI cata1o¡F and price lists. alee bid " ewanL 1fbiddiD¡ 00 aafetythoeø to be·deIi.... pdœs bict.. be F..o..B. ~;~~wraI (all hJaht char&es iDcb1e4 in cost oflhoea). to say City ~b.~ .. iDdieaæc1 OIl each iadmdu8I onW. Bidders 8m to &tats chc wtiftÎftlmn Mter .l.a¡~ foe m.1cIi~. P. De1i1Bv Bids Iba1I be bIIed OI1eithcr pidt-up at bidden ,lIœof~.. ordelivayto aøy locatioø within the City ~« pre-arnøgaI ~ viaits to City 1Îtc(.). Por iteaø to be deJivend, biddeø lie to state the "".".1..- of ~... days after mcelpt of an OJdcrmqøircd. foI' deIi¥eIy. Tho City... a llØlll'Ceðl8UJ'P11 tW wiD pIOVicJc .~ aDd timely ddiYa)'. The a*.ded bidder IDIIIt adIIeœ to delivery ~ TheOl~""~mustbeaod4edotøy~ ~..cmp1oyees cmmot be without..tety.hoes lor my a.tmc1ed lensth of time. 0. ~ 11Ic I....~ of a MittCID 8ddœcJutp it lite ðttly oftldal mediad wbeletJy u.p'''.8~" cbñfiG&a.. or ~I inCwntetioo œn be siW& If my addenda aei8ued to tbit Bid 101iciIaIioA the Citywül attempt 10 M1ity aD Imown pl~ß Biddera, JIøwevcr. it fIha11 be t1at: tM,IKHIIibUi1y-Of eadt. BIdder, prIor1O ...uittù-.1heir bId. 10 (;Qfttad: tile City ~ Oftit:e-. (954)186-4091 fodelermine if addenda wan: issuaI muI to mate ~ lddemtIapad oftheit Bid PRJIIOII1 R. lDw.kV~t·Di~P~.'~.- As lbIteCIabo~ the~.., ÜIcoDDt oJ&n4.... hewHM to the pIÌœ 1iIt CIIlwn¡~ed wîtb bicl In the eveatlW9Î8Îcø 8R! made to the cafa1os(a) ,~ wich tho bid, tbe w:odor JDDIt forwatd this infixmatioD to the ParcbaIÎIIØ DmsioD. with. wduea nq\lGlit that 1hay"~;I ~fort1Je cataJøø(.) end prieo 1iII(.)-~ in offccL This wriUa1 RqUCIt must atafe tho efredive date of aa.y such ~ and tmI!Jt be r~ bytk city of PcmpIDO BeadI BOt _ chaD ten (10) days pñorto the efB:c1ivc date of IIIßO, The City wiJI notitÿ the \NI*1Ctor ÍD writinI.tyia t1Ia cmØ of~ ottlu: ~misølm. In die CMØ ol~ tbcCOldrad- will be ~ 1mDÎ81te4. of dIø close ofbn*i~ thç"'pñor 10 eftèctivc cJatc of cIIIDp. stated iD ~.ctoñ Bid B-24-0S PIIp 3 of 13 ;Æ..WtW .I' , 'FR:rt:RED LIIM; , fRt( NJ. : 9549174917 Feh.. æ 2Ba5- 94': 36Ftt P6 Bi.cIIb~ ~ WLÑ¿ s/IfJ£. S'fW£ ".rj,... ,.dID cnIIÌ of~ try kCity. 1hø ÞttiØ.ø wilt be otIàivc. or the dale st.œd ia letter of ~r- THS crtT WIlLACCBPTœlLY ONB 1tIM8IONTOTIII! PRJœLISTDUR1NG .ANY ONB-YEIdlCONIRACfPBlUOD. Tbe~. ~t oftènd at time of ttàP'~ ötb14 iauot8Ubjactto .,.~.......~Kt pedo4. 11IB PBJCES APPUCABlE TO ANY OlIDBR ARE moss 11IAT\VEIU! IMEPPBCT ON 11ŒDATB OF 1SSUANCB OF THB01tDI!'R BYTBE atYr IfhiddiDgfinn~ unitPici1ta ......... ............adi~ tmm ptiÐe1iat;-= pñdøc must be IteJd fiD tbrthe eøtiœ uuaarÆl. d JœYnDt'" ~ L þw-1ð .. DùoIr.d 0, Por.......1oAted . ......~... theClyoœJl~ Be8ch. trU1~ may c:haoIJe 10 pick up ~ ra1IIcr'*-ha¥e" deG..~ CoDtndon -do a1Iøfr ~y.- tðpick.__.1Iwir....... ào ibe æDowiaJ~ The Citypaya au ~ ~...t forsaldy.... J.ed ......... C'.k~ÎBeuøeotUaioa~"" .._will...... P\øcllUeOrdcr JØr the purcbaleolalety èIocs," cØ Purcbuo OA1erwIB ap1tiD IJøwmadldult cIt.t-~..ìAMsìøÐ. will. pqtlnnn1Mtì!ty1boeL ~JlRØtpay.., GœII ~eet1 dicit cIepIdDIIIItldm8iòiisaDøwaacc. ... ta.8duå(JOlt olthe-sbøca,. __theypick up tbe.... -Cøønd« aørca to iavoke the City Ibt tho...øount 4uc, sbDwiu& the Cî1J's ~ Onter aum}v.r:t ~ ÐllDC.eDa ItJIo of Idw--. the amo_ pád by the empto,.. aad the mI01IDt tó be paid hy the Cityr A Pdrdursc OrderÌ8 lçq-àed ibr ALL orders. Attlletcets Jlllllabe signed by emp1o,œ aadDllftO priuta111Ddtr ........ AD pñœs cIœ:pd to CityampJoJaa 1br lllfatyslaoel an: to _the prica bid bJ the vœ.dor to .. City.in Jbia bid.. J.. ~M3iœY:M All s1ømobi1c aerricc wi1l oø1y he ~ 1IfOI1œqM1t of. specific City ~divfIioD. No U88OI1«1u1cd .... wiD be ~ BidcIIn must dady state in their ~ the price øcbeda1e to app1yto shoes p.~"" tJJroa&h a ~ Wit, and shall cbcri1Jetbcaaøeof Itytœ 8IlIÍZIScmicdby1hc -~ 111e purçhasD ~ døouP. IlIo_obi10 sbd bo~ to" ~*'".. .. to bopicked up 8vm. Jhecl skR. Bid ø..24-M P-.e 4 of 13 7.:L1DitiaI --RÐ1 :~ WIt.(; f'Ra( NJ. : 9549174817 Feb. æ 2IÐ5 B4:37R1 P7 BicYer.... (£I.' WêÑt; 1'10£. ff6lé .. < I ~ I t t I ¡ I I i K. "...--.tv _-øbòOkI iDdDde_qyQ.{'- ..~_ffw '-.\ .-1InI-~'" with" bid. DèìiCd.1Je-iløwJUŒ ~."œeII.-.J...q'" b~...~ shoca in JDUtBid PJopaIaL i l I I . } i ! i . t t , f ¡ . í Bid H-24-0S PapSof1J 7~ IJIÎIÎII1 ¡ i j I -. ~ t , 1=RI:J1: RED WIt«; FAX IÐ. : 9549174817 Fe.b. Ø9 aaøs 04: 4iFH P12 - _....--- ØíddètNamotu Wj;. ~ S1'O~f &IÇl1ONJII- PRn1'OSAL 1UPaaTANTI!t PAGE 12MU8TBB sIGNBDFOIt BID TO DB C01't5IDlW~l.. PD. GENERAL tXJNDl1.1ONS SBCTION 3 CaIIIp)dRtt.~id.4."iœtbradl-;h. lL..~ú&a¿ Mabaœpyof,..tt é«11f~~·. . ~.~*ïilj)v.I".i¿~~.:~ , . ~~~;~-~~:"" '1~:<' .'~. .' " r~ -:: CATALOG: Rt.o ~ '" S 'IJS~· (N8IBvfM_..........--IcJ-tIII~. -q) PRICB LJS'I'¡ ~ o~ \ 0 co Il þf\ ~ ...~ 9..; ~.. LJ!.1) \».1) 4:.- (DItc" Number) PBR.CENTAGB DISCOUNT AILOWBDPROM UST PltICBS; --d I ~ TIù diIcøuIIt is tor: -X- Mail Otds' i Pick Up ftom I.œal SttR ~ Sboead6 ~~.~~~... .:.f.~.~~~ ~-:.' ....~.....~.-.-: ~ - ·<~,1 ft CATALOG: \A,I~x ~~Zar=~j M ~~",Q. 0"- ftIUC.~ è....t~~ P.RICB L1ST: I C;. OS \PO"'\(. (DItc -Jfømber) PBRCBNTAGB ÐJSCOUNT AILOWBD FROM UST ÞlUŒS: al % ~ ThIs cJiaI:ouDt it Cor: -X- Malt Older --X- PlckUp"LocaI ~ --X- ~ E~ . ";. . . ;..... .' ..~ ~ . . -' .' .' . '. .~ . ~. ..'.' ~. .' .' ;~~' , .... .... -À_:-:';; . .. .1 .,.~ ".'" -:,.....:.... - -* ~ .. CATALOG: t! ~ IIIIA -an", S (NEe ofM...rfbçk~ GrOÌler Ide-ti~) tVU\' 0+ . LiC.1!. \a, ~ t PlUCE UST: ' \ ~ \ b!. (..14., . Wr.J.ft ~ (DItcaadMøber) PBRCENTAGBDISCOUNT AILOWBD FItOM LIST PIUCSS: :J ~" This cØIcoant is tor: ..:5- Mail 0ftW 2L Pick Up fiom Loeat StIR -X- ShoanøbiIe Bid B~24-05 Pall 10 of 13 -¡2L.... ~ ~ . . ì I I i t I f I i ! i , I j , , t . I , .1JqI:RED UDG iii( In :95Ø174817 FeD. æ 2I1BS &i:.' P13 ~ Mxr....ðø ~ S"f tIat£ (OIIoœpy øl"~~"'pdw lilt ......... ~~~ wiI1a JlDllrW4-) Jlì-rl ~ ......... ti- ;~.,.. .~.w-a"'~IiII"'~ ,..~...,.. wiIIt JDDrWd. Ii\& ~ ifpdcta.. ...m:d..... piek., lam taCII.....« ..,.. , ....,Iì-.. "JIdI-.- JlJœ .1" .....~Ara....1IIt&d~~_ir:.,(.1I~1 D II _....11 r .1DJv..~ Sud!fRkJaa........-...QId..djl~,1r¿ ...... ot,..---k_..,...a.yOlF-..-Øs 1 j~1' . ~ .,~ .. S_''s1Þ~£ . ' KEð \\11\\ i.- S 'toe s-t<A~ , -' r ~t?S-G-Okee~ iY.'bt> " vJe&./t- ~~ ~~ f P\... 33~ , " :~srð~ :'N.' -. ·~ÄIi;'~·£.,_Lû.._ ~. ~d. ,RM 3~ðJf , ' , . , _ .' ,~ia~...JØCIt~~~o~" b .....Iycllillatbr.--~ft1__fJM----. , . '....,.Gt~+··I·"'li~...~...ot&....~ , J~eIÐJ:. ~ '·L '¡¿';,' , < i-/Üs" , ',,,OJ,~ ~"'.~' '.~'~'~ ,a..~ .¿iI4Wiits; , .,; . '£' ,~ """~r~~~:'dki':-'-'~~ ;iIJAr~Mf Øì.WM~ i#IIlI1l 11#"- ~r r' ¡. '< , ' "1.W'~'k 1; - ~ ~~&: ,ð~ ~ :8P~ Mr JAIU£I. J.:' '. ' ' , f' :'~'--":ð.Þ'~,.,~(øiu ,"*1H1 ,ìì~~ilJ fl:A~-: M 1iøU".'þtf; 1Þ~i~i.k'~M-t:*.-IAi..i~· , I I y-..-h ~f)i¡~~1; ,..!'ff~rr~" ~...~ h·· . .. .. fìdIìdä._ótÍÌlCh~ð~.~.t¡~~·._1ridtjelrWl.~:~lnì ,"'~~$' ~.~u , ""f¡tit~wò.f.~"Ot6=rWit!r"ðtliWl1JilÃf~~,er~-":ø~+,~ ,,~1àAØ, , ," , ,,' , : ',' ., .' " ",CIIJIIlU, .~ 1:A~~6f"9''''''£4¥"' .. );;.1ÌÌ";~II~~~*''''''.''''~·t: /hO~Il~· .» ,"tt~~.w"~_~'UJì 'p.·-i~"'''_:MI_~.f~·''''''.f:~·.-- 'or' pIÍGCI......',~~"_....._'~n~· it, .~..~:.? (!fGtà~~..UHIfU..aàt ,~ , .......-.............." , ' ~ '. ~,Ya _tfo ~ " ~ i ' - ~ I··· . ' "¡'. . --:J..ß. " ~ .C6!.. ...." L' î 'j f ~ "r -t ~ . .ì- ï , , " , .' .- ~ ~ "H~ " >'''11 "'13 , ' . .. ~ :RED WIG Rï;( iÐ.. :$ì:&l74r1? --.-...-....-.-. ,~ Fe6.. æ 3IJ5 iM:~; Pt4 lì....&, ~ S. ~;~S'IIIS 't .....A........er~ -A à;"bic1: Ed ~"'L.~ ~~~ü."'!¡'~"""\i\\lttL¡'n-..UY.... kt:>ltJi~", 5\toe :s......t ~Só~ 6- ~ olGe~ë.. ~\\J&; w~\~ ~ F'~ ~~'tOèf 12"i ,~ ~uf~~uJÞ· _w._~_m. ~."tH ~:. ..ß..... ..._~ _... 31fA.' · PJl ...- ...lD~I...iI'~._.......itTl: ~.::g]~S~J.9r~ !l.J4 , .... ;lO-b514f~ ~ ..?hI- if1t-œ.B)..... ø ~ t ::- tf") J -ø-) 'tit ·T1~·tll.~ ~'·~,m'1.~__ ..~~ I . '5S~ _o.,*, ··f.{9,f .~_-. l j btr. ~...' ...~....:J..I..L~__~..........................."...;to...~ .~~]¡rf~~........d'" W1!&ikÌIIAd" j¡. , , '. ,<Íilt~·· lìt~,&:'ÍI(.q ~ ',..,' . . .àJt...... ..l?ìl;:::~='::"~l~-lØ~'~~ll~ , It ;¡ . , , . , ~ÁXtlú'.;...11ItÞJt.1ÎtÌt' a...... ~aI-1L4I1 VM&~.. ¡.. . ~~~., ::~ .'- -. I ' i . =-; i,," . < J. :} -$ ~ ~r '. ..", "'. ' .' _ , . .' ' 1-- . ...~>4I·~e-..~~..·.d~1'18f.~Ó·~ ~......,Wìt""·"--'·' f: '., . )~ ~ . . ' .' '-: '" ' ' , ' ~ . ~~~1ek""'~Wl1~·.MIn lIIt.ifJRfv 1 'i..·...J' ...tJ Ln.' "·t· .' " ~"¡i.·~'ít''Li''J3-.hII..9.. ' . . . . . .~' , ~ " "f, ..{.... "' ~g' <1 . ·t·" " .i· ~" '. ~. ,f' 1: ,~ , ! . .~~ .:". ....' {., :,,:,:,',' . _1i1IIaì1 ''':- < ~' ."~ ,~ Æ: " y- \? ;, ~ ~ . , . . ., . . , , . , ".ØíI~ .' ',- . ft8It 12 ot t, ..)0 AGENDA ITEM NUMBER: ~~:L AGENDA REQUEST Request to be placed on: March 01, 2005 Date: February 15, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Bid Award to Red Wing Shoe Store for the purchase of safety shoes for City employees at an estimated cost of $31 ,900.00 via the City of Pompano Beach Bid# H-24-05-Safety Shoes. NO_X NO_X ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES Recommendation: Award to Red Wing Shoes for the purchase of safety shoes for City employees at an estimated annual cost of $31,900.00 via the City of Pompano Beach Bid# H-24-05-Safety Shoes. Funding from various department's operating expense budget. Department Head Signature: 5'..s;~ ""1816.1' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes v¥ X No Funding alternatives: (if applicable) Account Number: VctYÙfU ç UfltG{yvI. ACl~f-) (" ç Z. 2.Z ) Account Balance: City Manager Review: Approved for agenda: @-4 No Hold Until: . Agenda Coordinator Review: Received: Action: Approved Disapproved 11te1Jtð DI9 IF IBIIII9 Ilia- ~ PURCHASING DIVISION TO: David Harden, City Manager Patsy Nadal, BUyer~ Joseph SaffOrd~nce Director FROM: THROUGH: DATE: February 18, 2005 DOCUMENTATION-CITY COMMISSION MEETING March 01, 2005-GREEN MACHINE SIDEWALK SWEEPER SUBJECT: Item Before Commission: City Commission is requested to approve the purchase of a Green Machine Sidewalk Sweeper from Clarke Waste Systems Inc., an exclusive distributor of all Applied Sweepers for Florida with the exception of a few counties. The cost for the Green Machine Sidewalk Sweeper is $25,050.00. Cost includes transportation to South Florida. Background: Complying with Purchasing guidelines, proposals were requested and received: VENDOR Clarke Waste S stems FL Munici al Equip. Inc. Pan American Distributors COST $25,050.00 $25,819.00 $0.00 - Industrial Onl The Green Machine Sidewalk Sweeper is a time and manpower saving machine. This equipment will be used to for litter collection from the sidewalks of Atlantic Avenue and NE 2nd Avenue. The sweeper will be part of the City's maintenance program for the downtown area and can be utilized in other areas as needed. Recommendation: After research for a sweeper with the required specifications and pricing through Florida State Contracts, US Communities, GSA, and Snaps Agreements, Purchasing recommends the purchase of the Applied Sweeper 424 RS from Clarke Waste Systems in the amount of $25,050.00. Funding from account code: #119-4144-572-64.90 Attachments: Proposals and Correspondence ~3 Jan 18 05 10:44a Clarke Waste S~stems 954 587 3164 p.2 QUOTATION ...;:._.~_.:... ..;.. ":. ! . . . ...... CLARKE WASTE SYSTEMS, tMe. 2651 N.W. 48t1t Street Pompano Beach, FL 33073 www.clarkewaste.com Date: January 18, 2005 Quotation No. EL-01154TS . Phone: 9S4IS87-7380 Fax: 9SU587~164 --..... ,. -.- Customer Inforatatioø: Mr. Tim Simmoas Del Ray Beach Description Price Applied Sweepers Green Machine Sidewalk Sweeper Model 424 RS. This alÜt will be lapplied with aD standard eq.ipmeøt ind8diøg voice wamiDg system, fold & stow seat, wheosh wanderhose, and one (1) extra mter bag. Priœ illdudes traDsportatioø to S.I1orida. S 25,050.00 NOTE: ABOVE PRICES DO NOT INCLUDE SALES, STATE OR FEDERAL TAXES These ¡xiœs are tion and will reœain in effect for sixty (60) days from above qnotBtìon date. CLARKE WASTE SYSTEMS, INC. £æf Eric Clarke By: ---- Attachment re: City of Delray Beach Florida Municipal Equipment, Inc. Spike Nagel Territory Manager January 13, 2005 MadVac Model PS300 Quote (1) Std PS300 including the Following options: Wander hose with hydraulic shut-off Hydraulic raise/lower brushes & nozzle Quick releases fold and stow seat w/Mirrors Soft reverse with audible alarm Voice messaging system Diesel safety shutdown Collection Bags (100) Total cost of equipment with options: $ 24,619.00 Freight and delivery.......................$ 1,200.00 Total F.O.B. Delray Beach Parks Department $25,819.00 , Note: This quote will be honored until May 1 st, 2005 Anticipated delivery will be 90days from time order is placed with Florida Municipal . Equipment, Inc. 02/13/2005 22:54 9544217193 PAN ArtRlCAH PAGE 01 Pan American Distribl,utors HI as 15 NE 15- 8tr net R. I.aadenIaIe. fl. 33304 PIa: 954 421 721i.5 Fax: 954 421 71!rP3 Fax Cover Date: February 14, 2005 TO: Tim Simmons From: Bonny 01iver Page: 1 of 1 Fax: 5612437269 Dear Mr. Simmon~ In regards to your inqu.im' for a sidewa1k sweeper, we will not be able to supply a machine for your needs since the machines we provide are much larger than the requirements that are needed for your application. Please keep us ìn mind for any future needs the City of Delray might have regar<I:'ng industria] sweepers and scrubbers. Thank you for your time. Regards, --. . 'J Bonny OHVër AGENDA ITEM NUMBER: ~,3 AGENDA REQUEST Request to be placed on: March 01, 2005 Date: February 15, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: City Commission is requested to approve the purchase of a Green Machine Sidewalk Sweeper from Clarke Waste Systems Inc., an exclusive distributor of all Applied Sweepers for Florida with the exception of a few counties. The cost for the Green Machine Sidewalk Sweeper is $25,050.00. Cost includes transportation to South Florida. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO_X NO_X Recommendation: After research for a sweeper with the required specifications and pricing through Florida State Contracts, US Communities, GSA, and Snaps Agreements, Purchasing recommends the purchase of the Applied Sweeper 424 RS from Clarke Waste Systems in the amount of $25,050.00. Department Head Signature: .::s-. ~~ ,./ø~/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required Wll items involving expenditure of funds): Funding available: Yes _X No Funding alternatives: (if applicable) Account Number: 119-4144-572-64.90 77 t./9?~ tj(P , Account Balance: City Manager Review: Approved for agenda: ~~~ Hold Until: -¡ No Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER &v1 AGENDA ITEM # (If.. - REGULAR MEETING OF MARCH 1. 2005 CONTRACT ADDITION (CHANGE ORDER NO. 2)/ASPHALT CONSULTANTS.. INC. TO: SUBJECT: DATE: MARCH 1,2005 This is before Commission to approve a Contract Addition (Change Order No.2) to Asphalt Consultants, Inc. in the amount of $91,065.00 for additional services associated with the replacement of an existing water main as part of the NW /SW 5th Avenue Beautification Project. After construction started, we discovered that the existing main is in poor condition and has lead joints. Funding is available from 442-5178-536-65.83 (Water & Sewer/Renewal/Replacement/NW /SW 5th Avenue). Recommend approval of the contract addition with Asphalt Consultants, Inc. for the NW /SW 5th Avenue Beautification Project. S:\City Clerk\agenda memos\Contract Addition.Asphalt Consultants NW sw SIh Avenue.03.01.0S City Of Delray Beach Department of Environmental Services MEMORAN D u M www.MvDelravBeach.com TO: David T. Harden City Manager FROM: C. Danvers Beatty, P.E. Deputy Director of P c U ilities DATE: February 28,2005 SUBJECT: CO #2; Replacement of Existing 6" Water Main SW/NW 5th Avenue - SW 1st Street to NW 2nd Street Project # 2003-037 On February 23, 2005 an existing 6" water main was tapped for extension as part of the subject project. A review of the coupon retrieved from the tapping machine revealed significant rust build up and tuberculation within the water main. Upon further review it was discovered that the 6" main on SW 5th avenue from SW 1 st Street to Atlantic Avenue is composed of unlined lead joint cast iron pipe and is located directly below the proposed terrazzo sidewalk. In order to mitigate any future issues which might be associated with a water main failure I am recommending replacement of the existing 6" main as well as relocation of the main away from the proposed decorative sidewalk. This condition was unforeseen prior to the tap conducted last week and exposure of the existing main. Attached is an agenda request, for contract addition, Change Order No.2 from Asphalt Consultants, Inc. in the amount of $91,065.00 for the installation of approximately 700 feet of 8" water main to replace the existing 6" water main. This amount is based on contract unit prices with the exception of minor incidentals such as new water services, grouting of existing main and reconnection to existing main. Asphalt trench repair is also required to facilitate this work due to the fact that it is located within a paved area which is identified for milling and resurfacing. The option of reconstruction of the entire road was evaluated and determined to more expensive than the trench repair option. Funding will be from 442-5178-536-65.83, NW/SW 5th Avenue Improvement Project (budget transfer attached). If acceptable please place this item on the March 1 , 2005 meeting for consideration by the City Commission. enc cc: Richard Hasko, P.E., Director of Environmental Services Rafael Ballestero, Deputy Director of Construction City Clerk Agenda File Project 2003-037 file S:\EngAdmin\Projects\2003\2003-037\Officia1\03-01-2005- agenda memo. doc CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 (Contract Addition) PROJECT NO. 03-037 DATE: March 1. 2005 PROJECT TITLE: NW / SW 5th A venue Streetscape Improvements TO CONTRACTOR: Asphalt Consultants, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Add water main replacement on SW 5th Avenue, between SW 1st Street and Atlantic Avenue. During construction, it was discovered that the existing water main on this block was in poor condition and in need of replacement. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PERCENT INCREASE THIS CHANGE ORDER 4.9 % TOTAL PERCENT INCREASE TO DATE 9.70 % TOTAL CONTRACT TIME WILL BE INCREASE BY 0 DAYS. $1,853,886.75 $88.314.00 $1,942,200.75 $91.065.00 $2,033,265.75 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Asphalt Consultants, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 442-5178-536-65.83, NW I SW 5th Avenue, ($91,065.00), after budget transfer. DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: By: APPROVED: City Attorney City Clerk S:\EngAdmin\Projects\2003\2003-037\Construction\C02 Asph Cnsh doc -03.01.05.doc :;:M (MON) FEB 28 2005 17: 42/ST. 17: 41 INO. 6321820633 P 2 ASPHALT CONSULTANTS, INC. ~NGINEERING CONTFlACTCJRS PROPOSAL Date: 212812005 Job in/onrldiotl: SW 5TH AVENUE WATERMAlN IMPROVEMENT REQUEST FOR CHANGE ORDER #2 Submiaed to: CITY Of DELRAY BEACH 434 SOUTH SWINTON AVENUE DELRAY BEACH, FL. 33444 We f'OPOse to .fûmish 11deriDl and kÎbor in aoœnklnœ with the pam rtfeJ"enœd below os jò/lows: Deecriptlon FURNISH & INSTALLS DIP WATERMAlN FURNISH & INSTAlL 8" GATE VALVE FURNISI-f & INSTAllS- GATE VALVE SAMPLE POINTS ASPHALTTRENCHREP~R HYDRANT ASSEMBLY (MATERiAl BY CllY) FURNISH AND INSTALL 1- SINGLE SERVICE GROUT EXISTING 6- WAteR MAIN WATERMAIN ASBUIL TS CONNECT TO EXISTING WATERMAIN BOND FEES NIGHT WORK (IF REQUIRED) Qty 700.00 4.00 1.00 2.00 700.00 1.00 15.00 600.00 1.00 4.00 1.00 1.00 Units LF EA EA EA LF EA EA IF LS EA LS LS Unit Price 59.00 1,000.00 750.00 320.00 29.00 1,400.00 625.00 5.00 2,000.00 625.00 1,800.00 4.000.00 water Total 41,300.00 4.000.00 750.00 640.00 20,300.00 1,400.00 9.375.00 3.000.00 2,000.00 . 2.500.00 1,800.00 4,000.00 "1,015.00 TOTAL PRICE: '81,015.00 QUALIFlCA nONS: Permit Feu. Bon., Engineering Layout, As Buihs. Density Te.rt Fees are not included i" this proposal. Resolution of conflict w'unknown utilities, removal omr-eplaceme1ft of unsuitable ",aterials is considered eztra work. and nol covered by this proposal. lnvoiœsfor work to be paid within 30 cIa.>cr This prOpo.fa/ may he withd,own if not aœepted within 30 tla)5. Based on plans by,' None. The City will in.rlall 3-6H line stops, provide materials for fire hydrant a_,_vemhly and reconnect the new water services to the uisting meters. The work will require and additional J 4 calendar days to be added t(1 our Contract time ~ .~~~~ ~ Ac:œped By: ~e E.F. Leiptr JJI 4Jhdt Comultcns, lnc. 880 IW 1s.111, l'O.IITlI, R a3432. 511-388-1191, FII5&1-158-8588 Page Number: 1 of 1 ---.. .~""'--N;___-.. 1 h _.. 0___' AGENDA REQUEST Agenda Item 2?L No. Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda Date: February 28.2005 When: March 1. 2005 Description of item (who, what, where, how much): Requesting Commission Award a contract addition (Change Order No.2) to Asphalt Consultants. Inc. in the amount of $91.065.00 for additional services associated with the replacement of an existing water main as part of the NW/SW 5th Avenue Beautification proiect. Funding is available from Renewal and Replacement Account No. 442-5178-536-65.83. NW/SW 5th Avenue Improvement Proi ect. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff reco amount of 91 065.00. Inc. in the Department head signature: ~.1.\j5 Detennination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): Budget Director Review (r~n ~11items involving expenditure of funds): Funding availableQ],SMO ÍtfÄ..- Funding alternatives (if applicable) Account No. & Delcription ~ L( Z -.Sl7 ~s> - t; 3~ . & 5 - 8 S Account Balance 1/, ð b ') W ~ a fI t1C~'\ t d ~ )(l-f fy ttn.if¿{ City Manager Review: Approved for agenda: t!f)/NO f)iV1 Hold Until: ~{ ¡ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S: \EngAdmin \ProJects\200 3\2003-03 7\Official\0 3-01- 2005-agenda.doc 10 Year Agreement Draft for Discussion Purposes 3/1/05 DEDICATED CAPACITY AGREEMENT This Dedicated Capacity Agreement (the II Agreemenr) is made and entered into as of the _ day of , 2005 (the "Effective Date" which shall be on or after the date of the execution and written acceptance of the renewal of the Cable Television Franchise to Adelphia Communications Corp. or any subsidiary thereo~ by and between the City of Delray Beach, Florida, a municipal corporation with its principal offices located at 100 NW 1st Avenue, Delray Beach, FL 33444 rCityll) and Adelphia Cable Partners, LP, a Delaware limited partnership doing business as Adelphia Cable Communications ("Adelphia") for itself, its subsidiaries and affiliates that provide digital fiber optic telecommunications transmission capacity. Adelphia and City are the parties to this Agreement and may be referred to individually as "Party" and collectively as "Parties. II A. Adelphia desires to provide, and City desires to obtain and use, a specific amount of unlit digital fiber optic telecommunications transmission capacity (the "Adelphia Service") between the locations (the "Locations") more particularly described on the Service Description included in Exhibit A., which is attached and incorporated in this Agreement by this reference. B. City acknowledges that it will be responsible for providing all electronics, equipment and services required on its side of the demarcation points at the Locations in order for it to "light" the Adelphia facilities; the Adelphia Service is not "Iit" and Adelphia makes no undertaking under this Agreement to do so as part of the Adelphia Service. C. The Parties acknowledge that this Dedicated Capacity Agreement is not an Indefeasible Right of Use ("IRU") Agreement, but is intended to provide City only with access to the Adelphia Service for a limited time under the terms and conditions set forth below. IN CONSIDERATION OF THE FOREGOING RECITALS AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES TO THIS AGREEMENT AGREE AS FOLLOWS: 1. The Adelphia Service, Facilities and Access. (a) Service and Facilities. Subject to and in accordance with the terms and conditions of this Agreement, Adelphia will provide the facilities necessary to provide City with the Adelphia Service (the "Facilities"). Provision and use of, the Adelphia Service in the C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Ffes\OLK4OC\Delray.INET.3.1.1 Oyear.clean.doc ~~~~ ZIÄ~~~ -- ~ 9-f\ amounts and at the Locations shall be in accordance with the terms and conditions set forth in this Agreement. City shall have the right to use capacity on the Facilities only up to the amounts specified in Exhibit A; the Adelphia Service provided under this Agreement is not burstable.· If any time City wishes to use capacity at any Location in excess of the amounts specified in Exhibit A, it must place an order with Adelphia for additional capacity, which must be accepted by Adelphia before any such usage occurs. Should Adelphia determine, through use of Audit Equipment (as defined below) or otherwise, that City has exceeded the capacity specified in Exhibit A, Adelphia may, at its sole discretion, invoke any of the terms under this Agreement. (b) City Use of Adelphia Service. City may connect its network or facilities with the Facilities at City' sole cost, at the connecting points designated in Exhibit A. Adelphia shall provide a fiber connection to an Adelphia owned and installed patch panel in the computer/telecommunications room, designated by the City in each location listed on Exhibit A. City shall then be responsible for providing all electronics and required equipment and services on its side of the demarcation identified at the Locations to "lighr the Facilities and utilize the Adelphia Service for City's intended purposes. City shall be responsible for all costs to connect its network or facilities with the Facilities and to light" or otherwise utilize the Adelphia Service. City may use the Adelphia Service for City's business, including, but not limited to, the transport of City content, municipal wireless applications, and for any lawful purpose provided however, that the City shall not resell any portion of the capacity of the Facilities provided under this Agreement nor shall the City permit non-govemmental use or provide any services that directly compete with services provided by Adelphia. To the extent that the City installs antennae or other equipment to enable the provision of wireless service, such additional antennae or equipment shall not be construed as additional sites· pursuant to Exhibit A Section 6. City shall take all reasonable precautions against, and shall assume liability, subject to the terms of this Agreement, for any damage caused by the negligence of City to the Facilities or other fibers or portions of the facilities or equipment used or owned by Adelphia. City shall at all times comply with all applicable laws and regulations. Adelphia reserves the right to terminate the Adelphia Service and/or suspend affected Adelphia Service, if Adelphia determines that City use does not conform with the requirements set forth in this Agreement or the City causes technical interference that impedes Adelphia's ability to provide Adelphia Service to City or others or receives notice from anyone that such use may violate applicable laws. Adelphia's actions or inaction under this Section shall not constitute review or approval of City's use. Adelphia will provide notice to City before taking action under this Section. (c) Adelphia Inspection and Audit Rights; Use of Monitoring and Bandwidth Governors. (i) City acknowledges that Adelphia may audit City's use of the Facilities, as further provided in this Section. During the term of this Agreement and for a period of three (3) years thereafter, City shall allow Adelphia or its professional advisors access to and the right to examine, audit, inspect and copy its records and any documents and other items related to the Adelphia Service. City shall provide 2 assistance to interpret such data if requested by Adelphia. Such examination shall provide Adelphia with complete information regarding City's use of the Adelphia Service. City sites shall be available for inspection and review at any reasonable time by representatives of Adelphia. Upon prior written notice and accompanied by City employees, Adelphia or its designee may enter the Locations to perform physical audits of City usage of the Adelphia Service and Facilities. Notwithstanding anything to the contrary, any and all auditing and monitoring of the system by Adelphia shall be limited to the auditing and monitoring solely of the City's use of transmission capacity and shall not include any auditing, monitoring or access by any other means of the content of any transmissions. (ii) In addition, no more than four (4) times each year during the Term of this Agreement, Adelphia may request that an officer of City certify that City's usage of the Facilities and Adelphia Service comply with the terms and conditions outlined in this Agreement, including the capacity restrictions set out in Exhibit A. . (iii) City shall prepare, maintain and preserve all records compiled by City in connection with City's use of the Adelphia Service. The records shall be retained for a minimum of one (1) year from the termination or completion of this Agreement. (iv). City further acknowledges that at any time during this Agreement, without notice to City, Adelphia has the right, but not the obligation, to install and maintain monitoring and usage governing equipment (the "Audit Equipmenr) on the Facilities used to provide the Adelphia Service provided that such equipment monitors only usage of capacity and does not monitor or record the content of any transmissions. In addition, if required by Adelphia, such Audit Equipment may be placed on site(s) of City at the Locations and City grants Adelphia a license to install and operate such Audit Equipment on the Locations. Any such installation of Audit Equipment on a City sites at a Location shall be undertaken only after prior reasonable written notice to City and approval of the location by the City, which shall not be unreasonably withheld. A City representative shall be present while the installation is taking place. (d) Public Rights of Way; Access to City Property. Adelphia owns and operates the Facilities. Adelphia acknowledges that City has no obligation to assure or guarantee Adelphia the necessary connections to public streets, utilities or adjacent buildings that may be necessary for the provision of Adelphia Service to the Locations. Notwithstanding the foregoing, (i) in areas owned or controlled by City, City shall provide Adelphia access necessary for the operation of Facilities and (ii) City shall cooperate with Adelphia, at Adelphia's expense, in obtaining any third party permits, easements or agreements necessary for Adelphia to provide Adelphia Service to City under this Agreement. 2. Payment and Revenue. 3 (a) Charges for Adelphia Service. In exchange for the provision of the Adelphia Service, City shall pay the amounts listed on Exhibit A (the "Service Chargesll). Except as otherwise agreed to on Exhibit A, Adelphia shall bill in advance the Service Charges for all Adelphia Service to be provided during the ensuing calendar month. All bills for Adelphia Service provided to City by Adelphia are due within thirty (30) days of receipt. If any portion of the undisputed amounts of the payment has not been received by Adelphia forty five (45) days after the bill date, or if any portion of the payment is received by Adelphia in funds which are not immediately available to Adelphia, then a late payment penalty shall be due Adelphia. The late factor shall be the maximum amount allowable by law, but not more than 1.5 % per month or 18% annually. (b) Taxes; Costs. All payments provided in this Agreement are exclusive of any sales, use, gross receipts, excise, import or export value added or similar taxes or duties (the "Taxesll). As of the Effective Date of this Agreement, the City is tax exempt. If during the Term of this Agreement, the City's tax exempt status changes, the parties shall negotiate in good faith an increase in the payments made to Adelphia to account for Taxes. 3. Facilities Ownership. The Facilities shall be and remain the property of Adelphia during the Term. City shall use reasonable care to avoid damaging the Facilities during the Term and agrees not to alter, modify, sell, license, lease, assign, encumber, relocate, move or tamper with the Facilities except in the case of an emergency whereupon the City may take any actions permitted pursuant to its police powers and the authority granted by the laws of the state of Florida. City shall not use the Adelphia Service or any Facilities in a way that violates Adelphia's interests in its trademarks, trade names, copyrights, or other proprietary rights. 4. Confidentiality. Each Party acknowledges that Confidential Information may be disclosed to the other Party during the course of this Agreement. Each Party agrees that it will take reasonable steps during the Term and for a period of one year following expiration or termination of this Agreement, to prevent the duplication or disclosure of Confidential Information of the other Party, other than by or to its employees, agents or affiliates with a specific need to know" such Confidential Information. Confidentiallnformationll means all business or technical information of the disclosing Party that is not generally known to the public and that derives value from not being generally known, whether such information is disclosed orally or in writing. Confidential Information may include any software, content, documentation, flow-chart, logic diagram, design proposal, screen shot, screen shot concept, algorithm, device, compilation of information, method, technique, or process. Notwithstanding the foregoing, either Party may disclose Confidential Information without the consent of the other Party, to the extent such disclosure is required by law, including Florida Statutes Ch. 119, rule, regulation or government or court order. 4 5. Compliance with Laws and Regulations. Adelphia agrees to comply with all applicable laws, ordinances, rules and regulations of any governmental entity or agency having jurisdiction with respect to the Facilities or the provision of the Adelphia Service. City agrees to comply with all applicable laws, ordinances, rules and regulations of any governmental entity or agency having jurisdiction with respect to the Locations. City represents and warrants that its use of the Adelphia Service and the Facilities shall comply in all material respects with applicable government codes, ordinances, laws, rules, regulations and restrictions. 6. Representations, Warranties and Indemnification. (a) Adelphia Warranties. Adelphia warrants that (i) it possesses all authorizations, approvals, consents, licenses, permits, certificates and other rights and permissions necessary to permit Adelphia to install, operate, and offer the Adelphia Service at the Locations, and (ii) it currently has and will maintain property insurance and commercial general liability insurance in amounts specified in the City's generally applicable cable television ordinance. (b) City Warranties. City warrants that it is an incorporated municipality under the laws of the state of Florida and as such, has the authority to enter into this agreement. (c) General Warranties. Each Party represents and warrants to the other Party that: (i) such Party has the full right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (ii) the execution of this Agreement by such Party, and the performance by such Party of its obligations and duties hereunder, do not and will not violate any agreement to which such Party is a party or by which it is otherwise bound; (iii) when executed and delivered by such Party, this Agreement will constitute the legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms; and (iv) such Party acknowledges that the other Party makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement. (d) No Additional Warranties. NEITHER PARTY MAKES ANY, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ADELPHIA SERVICE OR THE FACILITIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. (e) Limitation on Liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED 5 OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THE AGREEMENT, THE USE OR INABILITY TO USE THE ADELPHIA SERVICE, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO THE OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO THIS SECTION. EXCEPT AS PROVIDED IN THIS SECTION, (I) LIABILITY ARISING UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT , OBJECTIVELY MEASURABLE DAMAGES, AND (II) THE MAXIMUM LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID UNDER THE AGREEMENT. (f) Indemnity. Adelpia shall defend, indemnify, save and hold harmless the City and its officers and employees from any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees (IILiabilitiesll), resulting from Adelphia's material breach or alleged material breach of any duty, representation, or warranty of this Agreement. The foregoing obligation shall not apply to any such claim to the extent that it is based on or arises out of (a) any other technology, software or materials provided by, incorporated or distributed by City hereunder, in which case City shall indemnify Adelphia hereunder; (b) the combination, operation or use of the Facilities with hardware, data, content or software not supplied by Adelphia; or (c) modifications to the Facilities if the modifications were not made by Adelphia; (d) use of the Facilities in a manner not contemplated by the documentation. City shall defend, indemnify, save and hold harmless Adelphia from any and all Liabilities resulting from City's willful, gross, negligent, or criminal acts related to a material breach of this Agreement to the extent permitted by law. (g) Claims. If a Party entitled to indemnification hereunder (the "Indemnified Party") becomes aware of any matter it believes is indemnifiable hereunder involving any claim, action, suit, investigation, arbitration or other proceeding against the Indemnified Party by any third party (each an "Actionll), the Indemnified Party will give the other Party (the "Indemnifying Partyll) prompt written notice of such Action. Such notice will (i) provide the basis on which indemnification is being asserted and (ii) be accompanied by copies of all relevant pleadings, demands, and other papers related to the Action and in the possession of the Indemnified Party. The Indemnifying Party will have a period of thirty (30) days after delivery of such notice to respond. Notwithstanding the foregoing, the Indemnifying Party shall respond to such notice promptly enough to provide the Indemnified Party a reasonable time to respond to any legal process or to comply with applicable law or the rules of a legal proceeding in the event that the Indemnifying Party elects not to defend such Action. If the Indemnifying Party elects to defend the Action or does not respond within the requisite period, the Indemnifying Party will be obligated to defend the Action, at its own expense, and by counsel reasonably satisfactory to the Indemnified Party. The Indemnified Party will cooperate, at the expense of the Indemnifying Party, with the Indemnifying Party and its counsel in the defense and the Indemnified Party will have the right to participate fully, at its own expense, in the defense of such Action. If the Indemnifying Party responds within the required period and elects 6 not to defend such Action, the Indemnified Party will be free, without prejudice to any of the Indemnified Party's rights hereunder, to compromise or defend (and control the defense o~ such Action. In such case, the Indemnifying Party will cooperate, at its own expense, with the Indemnified Party and its counsel in the defense against such Action and the Indemnifying Party will have the right to participate fully, at its own expense, in the defense of such Action. Any compromise or settlement of an Action will require the prior consent of both Parties hereunder, such consent not to be unreasonably withheld or delayed. 7. Compliance with Usage Restrictions; Liquidated Damages. Excess Usage - Adelphia Remedies. Should Adelphia determine that City has used capacity on the Facilities in excess of the amounts specified for use by City in Exhibit A ( Excess Usage"), Adelphia shall provide notice to City requiring that such Excess Usage cease immediately. Upon receipt of such notice, City shall immediately cease use of such Excess Usage. After the City's receipt of such notice, Adelphia may take the following action: (a) Not less than thirty (30) days following the notice in (i) above, and if the City has not ceased the Excess Usage, Adelphia may invoice City for liquidated damages for the Excess Usage. The Parties agree that any Excess Usage by City may cause loss and damage to Adelphia, the amounts of which will be extremely difficult or impossible to measure. Therefore, the Parties agree that if such excess usage is not the subject of a dispute and the rate for such actual Excess Usage shall be no more than two (2) times the rate that Adelphia charges to the City under the terms of this Agreement. The Parties understand and agree that the terms of this Section 7(a)(ii) describe liquidated damages that City shall pay to Adelphia as a result of the Excess Usage by City and do not constitute a penalty. (b) In the alternative, Adelphia may terminate the Agreement for material breach. 8. Term and Termination. (a) Term. The term of this Agreement shall be as set forth in Exhibit A. (b) Termination for Breach. This Agreement may be terminated by either Party prior to its expiration if any of the following events of default occurs: (i) the other Party materially fails to perform or comply with this Agreement or any provision hereof; (ii) the other 7 Party becomes insolvent or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or (iii) a petition under any bankruptcy act, receivership statute, or the like, as they now exist, or as they may be amended, is filed by the other Party; or if such a petition is filed by any third party, or an application for a receiver of the other Party is made by anyone and such petition or application is not resolved favorably to such Party within sixty (60) days. A non-defaulting Party may terminate the Agreement under (i) above thirty (30) days after written notice of termination clearly titled "Notice of Defaulr and referencing this contract is given by the non-defaulting Party to the defaulting Party and the defaulting Party's defaults have not been cured within such thirty (30) day period. Termination under (ii) and (iii) above shall be effective upon notice. The rights and remedies provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. In the event a non-defaulting Party in its discretion elects not to terminate this Agreement, such election shall not be a waiver of any and all claims of that Party for such default(s). Further, the non-defaulting Party may elect to leave this Agreement in full force and effect and to institute legal action against the defaulting Party for specific performance and/or damages suffered by such Party as a result of the default(s). c) Early Termination Liability. In the event this Agreement is terminated due to breach of this Agreement by City, City shall be obligated to pay, in addition to any already accrued liabilities under this Agreement, an early termination fee as set forth below. Termination during the first three (3) years -100% of monthly recurring charge for balance of ten (10) year term Termination during year 4 - 70% of monthly recurring charge for balance of ten (10) year term Termination during year 5 - 60% of monthly recurring charge for balance of ten (10) year term Termination during year 6 - 50% of monthly recurring charge for balance of ten (10) year term Termination during year 7 - 40% of monthly recurring charge for balance of ten (10) year term Termination during year 8 - 30% of monthly recurring charge for balance of ten (10) year term Termination during year 9 - 20% of monthly recurring charge for balance of ten (10) year term Termination during year 10 - 10% of monthly recurring charge for balance of ten (10) year term City shall pay any Early Termination Liability, to be paid monthly as if contract was still in effect. Notwithstanding the above, in the event Adelphia's Cable Franchise with the City is terminated by Adelphia during the term of this Agreement, the City shall have the right to terminate this Agreement upon thirty (30) days notice to Adelphia with no liability. (d) Return of Information. Upon the expiration or termination of this Agreement, each Party will, upon the written request of the other Party, return or destroy (at the option of the Party receiving the request) all Confidential Information, documents, manuals and other materials specified by the other Party unless retention of such materials is required by applicable federal, state or local law or regulation. 9. Notices. Any notice, approval, request, consent, authorization, direction or other communication under this Agreement (except routine operational communications or where otherwise specified) will be given in writing and will be deemed to have been delivered and 8 given for all purposes (i) on the delivery date if delivered by confirmed facsimile; (ii) on the delivery date if delivered personally to the Party to whom the same is directed; (iii) one business day after deposit with a commercial overnight carrier, with written verification of receipt; or (iv) five business days after the mailing date, if sent by U.S. mail, return receipt requested, postage and charges prepaid, or any other means of rapid mail delivery for which a receipt is available. In the case of notice to Adelphia, such notice shall be provided to: Attention: Legal Department Adelphia Cable Communications 5619 DTC Parkway Greenwood Village, CO 80111 Forward Copies to: Attention: SVP of Operations Adelphia Cable Communications 1100 Northpoint Parkway, Suite 100 West Palm Beach, FL 33407 Forward Copies to: Attention: Director of Commercial Data Adelphia Communications 1 North Main Street Coudersport, PA 16915 In the case of City, such notice shall be provided to: David Harden, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 With a copy to: Susan Ruby, City Attorney 9 City of Deiray Beach 100 NE 2"d Avenue Delray Beach, FL 33444 10. Intellectual Property. Each Party retains all Intellectual Property Rights in all of its property, including, but not limited to trade names, trademarks, service marks, symbols, identifiers, formats, designs, devices, identifiers, or proprietary products, services and information owned by each Party. 11. Miscellaneous. (a) Governing Law. This Agreement shall be governed by the laws of the United States of America and the State of Florida without regard to Florida's conflict of laws principles and each Party to this Agreement submits to the exclusive jurisdiction of, the state and federal courts sitting in Palm Beach County, FL and each Party waives any jurisdictional, venue, or inconvenient forum objections to such courts (b) Entire Agreement. This Agreement is the entire agreement between the Parties and is not intended to confer and does not confer any rights or remedies upon any person or entity other than the Parties to this Agreement. This Agreement sets forth the entire understanding and agreement of the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements related thereto. (c) Assignment. Adelphia may assign this Agreement to any successor in interest to Adelphia's cable television franchise agreement with the City as approved by the City, in whole, upon written notice to City. Adelphia may assign this Agreement to an unaffiliated party that is not a successor in interest to the cable television franchise agreement only with the prior written consent of the City, which shall not be unreasonably withheld. City may assign this Agreement only with the prior written approval of Adelphia, which shall not be unreasonably withheld. (d) Transfer of Adelphia Service. The Adelphia Service is solely provided for use by City. City may not transfer the Adelphia Service to another person or location without Adelphia's prior written consent. 10 (e) Remedies. Except where otherwise specified, the rights and remedies granted to a Party under this Agreement are cumulative and in addition to, and not in lieu of, any other rights or remedies which the Party may possess at law or in equity. (f) No Implied Waiver. The failure of a Party to insist at any time upon the strict performance of any covenant or agreement herein or to exercise any option, right, power of remedy contained in this Agreement shall not be construed as a waiver or a relinquishment thereof for the future. Any waiver must be in writing and signed by the Parties. (g) Severability. In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the Parties to this Agreement, (i) such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. (h) No Offer. This Agreement does not constitute an offer by Adelphia and it shall not be effective until signed by both Parties. (i) Relationship of Parties. The Parties to this Agreement are independent of each other. Neither Party is an agent, representative or employee of the other Party. Neither Party will have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement will not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party. m Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence. (k) Survival. Any payment obligations accrued prior to termination or expiration, and any other provision which, by its nature or express terms should survive, will survive the completion, expiration, termination or cancellation of this Agreement. (I) Amendment. No change, amendment or modification of any provision of this Agreement will be valid unless set forth in a written instrument signed by the Party subject to enforcement of such amendment, by a duly authorized officer or employee. 11 (m) Further Assurances. Each Party will take such action (including, but not limited to, the execution, acknowledgment and delivery of documents) as may reasonably be requested by any other Party for the implementation or continuing performance of this Agreement (n) Counterparts; Facsimile. This Agreement may be executed in counterparts, each of which will be deemed an original and all of which together will constitute one and the same document. This Agreement, and written amendments hereto, may be executed by facsimile. (0) Consents; Approvals. Where an activity under this Agreement shall be subject to one Party's prior consent or approval, any and all such approvals, consents shall not be unreasonably withheld or delayed. (p) Injunctive Relief. The Parties acknowledge and agree that, notwithstanding any other provisions of this Agreement, breach of the provisions of this Agreement by a Party shall cause the other Party irreparable damage for which recovery of money damages would be inadequate and that the non-breaching Party may therefore seek timely injunctive relief to protect its rights under this Agreement in addition to any and all remedies at law. (q) Condemnation. If the whole or substantially the whole of the Facilities should be taken for any public or quasi-public use, by right of eminent domain or otherwise or should be sold in lieu of condemnation, then this Agreement shall terminate as of the date when physical possession of the Facilities are taken by the condemning authority. If less than the whole of the Facilities used to provide the Adelphia Service is taken, and in Adelphia's reasonable judgment, it can no longer provide the Adelphia Service as a result of such condemnation, Adelphia may elect to terminate this Agreement and all of its obligations not yet accrued upon thirty (30) days written notice to City. (r) Force Majeure. Neither Party shall be liable to the other for any loss or damage to any property or person occasioned by act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or order of governmental body or authority or by any other cause beyond the reasonable control of either Party, except as otherwise specifically provided in this Agreement. WHEREBY, the Parties execute this Agreement as of the Effective Date. 12 ADELPHIA CABLE PARTNERS, LP "ADELPHIA" ADELPHIA COMMUNICATIONS CORPORATION By Name (Print) Title Date "CITY" By Name (Print) Title Date 13 EXHIBIT A 1. NAME AND ADDRESS OF SPECIFIED LOCATIONS City Hall - 100 NW 1 at Ave Delray Beach FL 33444 Fire Station #2 - 35 Andrews Ave. Delrav Beach FL 33444 Fire Station #3 - 651 Linton Blvd. Delrav Beach FL 33444 Fire Station #4 - 4321 Lake Ida Rd. Delrav Beach FL 33444 Fire Station #5 - 4000 German Town. Delray Beach FL 33444 Fire Station #6 - 3614 S Ocean Blvd. Delrav Beach FL 33444 Delrav Beach Golf Course - 2200 Highland Ave. Delray Beach FL 33444 Ocean Rescue - 340 S. Ocean Blvd. Delrav Beach FL 33444 Pompey Park - 1102 NW 2nd St. Delrav Beach FL 33444 Veterans Park - 802 NE 1 ST Teen Center - 505 SE 5th Ave Delray Beach FL 33444 Lake View Golf Course - 1200 Dover Rd. Delrav Beach FL 33444 Delrav Swimand Tennis - 2350 Jae2er Dr. Delrav Beach FL 33444 2. SERVICE DESCRIPTION Adelphia will provide 1 Gbps of unlit digital fiber optic telecommunications transmission capacity between the following locations in a point-to-point configuration: A Location Z Location Capacity City Hall 100 NW 1st Ave 1 Gbps Fire Station #2 35 Andrews Ave 1 Gbps Fire Station #3 651 Linton Blvd 1 Gbps Fire Station #4 4321 Lake Ida Rd. 1 Gbps 14 Fire Station #5 4000 German Town 1 Gbps Fire Station #6 3614 S.Ocean Blvd 1 Gbps Delrav Beach Golf 2200 Highland Ave 1 Gbps Ocean Rescue 340 S.Ocean 1 Gbps Pompey Park 1102 N W 2nd St 1 Gbps Veterans Park 802 NE 1 St 1 Gbps Teen Center 505 SE 5th Ave 1 Gbps Lake View Golf Course 1200 Dover Rd. 1 Gbps Delray Swimand Tennis 2350 Jaeger Dr. 1 Gbps 3. PRICE SCHEDULE For the unlit digital fiber optic telecommunications capacity connection(s), described above, the amount of nine thousand seven hundred and fifty dollars ($ 9,725.00) is payable upon contract execution. The MRC amount shown below is payable every month beginning on the date that the City accepts the Acceptance form (Exhibit B) for such location (s), for a total of $5,135 per month for I Gbps. The City may elect, on thirty (30) days prior written notice to Adelphia, to increase the capacity to 2 Gbps at any or all of the site listed below for a MRC of $671.00 per site, or increase to 3 Gbps for a MRC of $864.00 per site. 10 Year Term A Location Z Location Capacity MRC NRC City Hall 150 NE 2nd Ave 1 Gbps $ 395.00 Fire Station #2 35 Andrews Ave 1 Gbps $ 395.00 $ 750.00 Fire Station #3 651 Linton Blvd 1 Gbps $ 395.00 $ 750.00 Fire Station #4 4321 Lake Ida Rd. 1 Gbps $ 395.00 $ 750.00 Fire Station #5 4000 German Town 1 Gbps $ 395.00 $ 750.00 Fire Station #6 3614 S.Ocean Blvd 1 Gbps $ 395.00 $ 750.00 Delrav Beach Golf 2200 Highland Ave 1 Gbps $ 395.00 $ 750.00 15 Ocean Rescue 340 S.Ocean 1 Gbps $ 395.00 $ 750.00 Pompey Park 1102 N W 2nd St 1 Gbps $ 395.00 $ 750.00 Veterans Park 802 NE 1 St 1 Gbps $ 395.00 $ 750.00 Teen Center 505 SE 5th Ave 1 Gbps $ 395.00 $ 750.00 Lake View Golf Course 1200 Dover Rd. 1 Gbps $ 395.00 $ 750.00 Delrav Swim and Tennis 2350 Jaeger Dr. 1 Gbps $ 395.00 $ 750.00 TOTAL S 5,135.00 $ 9,750.00 4. TERM. The term of the Agreement (the "Initial Term") shall be ten (10) years from the Effective Date. After the Initial Term, the Agreement may be renewed for additional periods upon mutual agreement (each period a "Renewal Term"), unless terminated by either Party pursuant to this Section. At the end of the Initial Term or any subsequent Renewal Term, the Agreement shall be automatically renewed for successive one-month periods unless either Party gives the other ninety (90) days prior written notice of its intent to terminate the Agreement. Such monthly renewal periods shall be upon the same terms and conditions as those contained herein,. The Initial Term, any Renewal Terms and any extension periods are referred to collectively at times in this Agreement as the "Term." 5. INSTALLATION TIMELlNE. Adelphia will provide a project timeline at the beginning of the project giving timelines for construction and installation of the service. Adelphia will make all best and reasonable efforts to complete project installation within ninety (90) business days of contract execution and in no event longer than one hundred eighty (180) days after the Effective Date, unless such delay is due to causes beyond the control of Adelphia. If construction is not completed within the required timeframe, the City may assess Adelphia liquidated damages in the amount of $100 per day until construction is completed. 6. FUTURE SITES. Future sites may be added to this dedicated capacity network for a monthly recurring charge of three hundred and ninety-five dollars ($ 395.00) per month beginning on the date that the City accepts the Acceptance form, plus any construction costs associated with building and terminating fiber into the new location. Upon request for service, Adelphia will conduct a physical site survey and determine the cost of the project. Those costs will be given to City. If agreed upon, City will pay non-recurring charges before construction begins. 16 7. Outage Credits. Adelphia shall correct all service interruptions within forty eight (48) hours after notice from the City. Unless excused due to causes beyond the control of Adelphia, the City shall receive a credit equal to 1130111 of the monthly recurring charge ("MRC") for all affected sites for each hour that service remains interrupted after the 48 hour cure period up to 100% of the MRC. 17 EXHIBIT B CERTIFICATE OF FINAL ACCEPTANCE In accordance with the terms and conditions of the Adelphia Commercial Service Agreement, dated ,2005, between ("Companf) and ( Adelphia"), the undersigned Company's Representative hereby certifies: The Adelphia Service as furnished, delivered, and installed at the Specified Location(s) described below appears to conform to the specifications and other requirements set forth for the Adelphia Service in the Agreement, as of the date this form is signed below. Therefore, the Certificate of Final Acceptance is granted by the Company for the Specified Location(s) described below under the terms and conditions of the Agreement. This Certificate is being issued for the following Specified Location(s): A LOCATION z LOCATION By Name (Print) Title Date 18 FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT ("Agreement") is made this _ day of , 2005, by and between the CITY OF DELRAY BEACH (the "City") and Adelphia Cable Partners, LP and National Cable Acquisition Associates, LP, subsidiaries of Adelphia Communications Corp. ("Adelphia" or "Franchisee") ; WHEREAS, pursuant to the Cable Communications Policy Act of 1984, as amended, 47 D.S.C. §521 ("Communications Act"), the City may grant or renew a Franchise to construct, operate and maintain a Cable Television System; and WHEREAS, the City is authorized to regulate the construction, installation, operation and maintenance of Cable Television Systems pursuant to federal, state and local law; and WHEREAS, on _, the Commission adopted Ordinance No. _ entitled "Cable Television" to update the terms and conditions for the operation of Cable Systems and the application, procedures and requirements relating to the grant of Franchises for the construction, installation, operation and maintenance of Cable Systems' equipment and facilities in the City's public rights-of-way (the "Ordinance"); and WHEREAS, Franchisee's existing Franchise granted by the City expired on July 22, 2004; and WHEREAS, Adelphia desires to renew its Franchise to construct, install, maintain, and operate a Cable System in the City and has applied to the City for a renewal of such Franchise; and C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc WHEREAS, the construction, installation, maintenance, and operation of such a Cable System involves the use and occupation of the Streets of the City, over which the City exercises governmental control; and WHEREAS, the Commission has evaluated Adelphia's application in light of the requirements of federal and state law and the Ordinance; and WHEREAS, the Commission has considered all information presented to it by Adelphia, the City staff: the City's consultants, and the public; and WHEREAS, based on said information, the Commission has determined that a renewal of Adelphia's nonexclusive Franchise to construct, install, maintain and operate a Cable System in the City, subject to the terms and conditions set forth herein and in the Ordinance, is consistent with the public interest; and WHEREAS, the City and Adelphia have reached agreement on the terms and conditions of such a Franchise Agreement. NOW, THEREFORE, in consideration of the City's renewal of Adelphia's Franchise to own, construct, install, maintain and operate a Cable System within the City, and to use and occupy the Streets of the City for that purpose, and in consideration of Adelphia's promise to provide Cable Service to residents of the City pursuant to the Ordinance and under the terms and conditions set forth herein, and in consideration of the promises and undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Franchise is hereby granted and THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS: C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 2 Section 1. Definitions. Except as otherwise provided specifically herein, the definitions in Chapter 93 of the City Code shall govern this Agreement. In addition, the following definitions shall apply: A. "Commercially Feasible" shall mean that level of technical peñormance, equipment, components and cable services (without reference to the content of the cable service) which has been developed and demonstrated to be generally accepted and used in the cable industry, excluding (1) "tests" involving new products offered for one year or less, or (2) products that the Franchisee can demonstrate would not provide a rate of return comparable to other markets where such products are offered. Nothing herein shall be construed to require a Franchisee to employ any specific transmission technology or to carry any particular programming services. B. "Effective Date" shall mean the date upon which this Agreement commences, as provided in Section 3 hereof. C. "Franchisee" or "Adelphia" shall mean Adelphia Communications Corp. ("Adelphia"), and its lawful and permitted successors, assigns and transferees pursuant to Sections 32 and 33 of this Agreement and the Ordinance. D. "Franchise Area" shall mean the entire territory within the corporate limits of the City and as those limits may change from time to time through annexation or contraction during the term of this Agreement. E. "Ordinance" shall mean Chapter 93 of the Code of the City of Delray Beach, Florida, as such existed on the Effective Date of this Agreement. Section 2. Grant of Franchise. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 3 Subject to the terms of this Agreement and the Ordinance, the City hereby grants Franchisee a Franchise for the non-exclusive right and privilege to own, construct, install, maintain and operate a Cable System within the Franchise Area. Section 3. Term of Agreement. A. The Agreement shall commence upon the date that the Ordinance approving this Agreement is adopted by the City Commission (the "Effective Date"), provided that the Franchisee has provided to the City within ten (10) days of the Effective Date the written acceptance required by Section 40 herein, the proof of insurance required by Section 8 herein, and any and all payments due as of the Effective Date pursuant to this Agreement and the Ordinance. Franchisee shall provide to the City the security fund as required in Section 10 herein within fifteen (15) days following such adoption. Failure to provide the written acceptance, the proof of insurance, the security fund and the payments as required herein may result in a denial or delay of the grant. B. This Agreement shall be for a period often (10) years commencing from the Effective Date and shall terminate [March 1,2015], unless otherwise sooner terminated or otherwise extended in accordance with the terms of this Agreement and the Ordinance. Section 4. Non-Exclusive Franchise. The Franchisee's right to use and occupy the Streets and rights-of-way shall be non- exclusive pursuant to Section 93.05 of the Ordinance. The City reserves the right to grant a similar or other use of said Streets, or any portions thereof, to any person, including the City, at any time during the term of this Agreement consistent with Florida Statute 166.046 as in effect on the date hereof. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 4 Section 5. Agreement Subject to Communications Act, State Law and City Code. A. This Agreement is subject to and shall be governed by all terms, conditions and provisions of the Communications Act, any amendments thereto, and any other applicable provision of federal, state or local law of general applicability, existing or hereafter adopted. B. This Agreement is subject to and shall be governed by all terms, conditions and provisions of the Ordinance, as it existed on the Effective Date of this Agreement. C. Franchisee hereby accepts all terms and conditions of the Ordinance as they exist on the Effective Date of this Agreement. D. In the event of a conflict between this Agreement and the Ordinance, this Agreement shall control as provided herein. Section 6. Franchisee Subject to Other Laws, Police Power. A. Franchisee is subject to and agrees to comply with all generally applicable local, City, state and federal laws, ordinances, rules, regulations and orders, existing or hereafter lawfully adopted. The City and the Franchisee agree to comply with all applicable Florida Statutes. B. The Franchisee shall at all times be subject to all lawful exercise of the police power of the City, and this Agreement is not intended to limit or expand the City's exercise of such power in any way. C. The parties expressly acknowledge that the Franchisee's obligations under this Agreement may not be unilaterally altered, whether by resolution, proclamation, or amendment C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 5 of the Ordinance unless otherwise stated herein or expressly permitted by applicable federal or state law. Section 7. Reservation of Rights. A. The Franchisee is subject to and agrees to comply with all applicable federal, state and local law of general applicability subject to Section 6( c) above. B. The City reserves the right to acquire, purchase, own and/or operate a Cable System to the extent permitted by applicable state and federal law . Section 8. Insurance. A. Franchisee shall obtain and maintain insurance of the types and minimum amounts required in Section 93.11 of the Ordinance in such a manner as to comply with each and every requirement of that section. B. The Franchisee shall provide proof to the City of compliance with this section as of the effective date of this Franchise, or as otherwise agreed to in writing by the City Manager or his designee. Should Franchisee fail to provide the City with proof of insurance as required herein, Franchisee shall be subj ect to fines and other enforcement remedies, including but not limited to revocation pursuant to the procedures set forth in Section 93.26 of the Ordinance. C. In the event of any request for modifications or transfers of the Franchise, Franchisee shall provide proof to the City of compliance with this Section no later than thirty days (30) after the effective date the relevant transaction is completed. Should Franchisee fail to provide the City with proof of insurance as required in this Subsection (C), Franchisee shall be subject to fines and other remedies, including a resolution denying the transaction or revoking C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 6 any prior conditional approval requested by the Franchisee, pursuant to Section 93.09 of the Ordinance. D. All certificates of insurance shall be filed and maintained with the City Manager. The certificates of insurance filed pursuant to this subsection must contain a statement that the City shall receive at least thirty (30) days advance written notice of any cancellation of insurance. Section 9. Indemnification of the City. Franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its elected or appointed officials, employees, committees and boards, in accordance with Section 93.11 of the Ordinance. The City agrees to notify Franchisee, in writing, within twenty (20) days of the City receiving notice of any issue that may require indemnification pursuant to Section 93.11. To the extent Section 93.11 requires the consent of the City Attorney, such consent shall not be unreasonably withheld. Section 10. Security Fund. A. In compliance with Section 93.12 of the Ordinance, Franchisee shall provide to the City a performance bond in the amount of two hundred thousand dollars ($200,000) to ensure the faithful performance of all provisions of this Agreement, the Ordinance, and all applicable local, state and federal law . The bond shall be in a form and with a surety reasonably acceptable to the City's Risk Manager. B. If thirty (30) calendar days after written notice from the City Franchisee fails to pay to the City any fees or taxes due and unpaid, or any liquidated damages owed pursuant to the Ordinance, or this Agreement, damages, costs or expenses that the City has incurred by reason of any act, omission or default of Franchisee in connection with this Agreement or the Ordinance, C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 7 the City may apply to the surety for withdrawal of that amount, plus interest and any costs. Upon such withdrawal or claim, the City shall notify Franchisee in writing of the amount and date of the withdrawal at least ten (10) business days prior to a withdrawal. Any action by the City Manager or designee to draw upon the performance bond hereunder may be appealed to the City Commission for hearing and determination, subject to the terms set forth in the Ordinance. C. The rights reserved to the City under this section are in addition to all other rights of the City, whether reserved in this Agreement or the Ordinance or authorized by other law, and no action, proceeding or exercise of a right with respect to the performance bond will affect any other right the City may have. Section 11. Construction Bond. In compliance with Section 93.13 of the Ordinance, prior to any significant Cable System construction, upgrade, rebuild or other significant work in the Streets of the City, Franchisee shall post a construction bond in favor of the City hereof in the amount of fifty percent (50%) of the cost of such construction or two hundred fifty thousand dollars ($250,000), whichever is less. Such bond shall be subject to the approval of the City's Risk Manager, such approval to be not unreasonably withheld. The City shall be provided with thirty (30) days prior notice of intent to cancel or not renew the bond. The bond shall be maintained until such construction is completed and activated and for a period of twelve (12) months thereafter. Franchisee shall notify the City Manager in writing when it believes the construction has been completed and the date on which it believes the bond may be eliminated pursuant to this Section 11. Unless the City reasonably determines that construction is not complete or there exists a potential claim or C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 8 demand against the Bond, the City agrees to return the bond to the Franchisee or to sign such documents as are required to release the bond. Section 12. Use of Streets; Use of City Private Property. A. Franchisee agrees at all times to comply with and abide by all generally applicable and lawful provisions of the City Code, the Ordinance, this Agreement, and applicable state, local and federal law with respect to use of the Streets B. As required by the City, and upon receipt of written notice, Franchisee shall remove, relocate, replace or modify, at its own expense to the extent other Persons with facilities in the Streets are so required (except as otherwise required by applicable law) its facilities within any public Streets as set forth in the Ordinance, provided, however, that should the City require such removal, relocation, replacement or modification in order to construct and install its own competitive Cable System, then the City shall pay the expense. If funds are available to any similarly situated Person using the Streets for the purpose of deftaying the cost of any of the foregoing, the City shall reimburse or cooperate with the Franchisee in the same manner in which other similarly situated Persons affected by the requirement are reimbursed, as set forth herein and as provided by state or federal law. If funds are available for the purpose of deftaying the above costs by federal or state law, the City shall cooperate in assisting Franchisee in obtaining such funds. If funds are available for the purpose of deftaying the above costs under local law , Franchisee shall be entitled to reimbursement if such local law includes cable operators in the reimbursement. If the funds are controlled by another governmental entity, the City shall make application for such funds on behalf of the Franchisee if, as a matter of law or regulation, Franchisee is not permitted to apply on its own behalf. C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 9 C. In cases of new construction or property development where utilities are to be placed underground, the City agrees to require as a condition of issuing a permit for open trenching to any developer or property owner that such developer or property owner give Franchisee at least thirty (30) days prior notice of such construction or development, and of the particular dates on which open trenching will be available for Franchisee's installation of conduit, pedestals and/or vaults, and laterals to be provided at Franchisee's expense. Franchisee shall also provide specifications as needed for trenching. Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that if Franchisee fails to install its conduit, pedestals and/or vaults, and laterals within five (5) working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the five-day period, the cost of new trenching is to be borne by Franchisee. Section 13. Minimum Facilities & Services. A. As of the Effective Date hereof, the relevant Cable System will, at minimum, pass frequencies of at least 750 MHz and will be fully operational throughout the entire City. B. As of the Effective Date, the Franchisee shall provide to the City a complete set of strand System maps and such reasonable documentation as may be required by the City. C. Maintain upstream Video Channel capacity through return lines from City Hall to the Franchisee's headend and in the amount necessary to satisfy the PEG Access Channel requirements set forth in Section 93.16 of the Ordinance and Section 16 hereof. D. Franchisee's Cable System shall transmit to Subscribers any stereo signals and any other form of advanced television signals, including but not limited to high-definition C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 10 television (to the extent that Franchisee has the obligation to do so pursuant to federal must-carry rules or the requisite authority pursuant to a valid retransmission consent agreement with the applicable broadcast station) received and carried by the Cable System pursuant to applicable federal law . E. Franchise shall fully comply with all applicable laws concerning handicapped or disabled persons. Section 14. Technological Improvements to System. A. Throughout the term of this Agreement, compliance with this Section 14 shall be deemed compliance by the Franchisee with Section 93.14 of the Ordinance. B. State-of-the-Art. 1. Within thirty (30) days after the Fifth Anniversary of the effective date of this Agreement, the Franchisee shall submit a written report to the City in a form reasonably satisfactory to the City Manager, that discusses the Cable System capacity and Cable Services offered on any of the most recently constructed or upgraded Cable Systems owned and operated by the Franchisee, its parent or Affiliates in Palm Beach County, Florida. The purpose of this report is to discuss the status of the Cable System in relation to State-of-the-Art. 2. During the term of this Franchise, Franchisee may agree to make such technically and Commercially Feasible improvements to its Cable System as may be requested by the City. If Franchisee believes that a particular improvement requested by the City is not Commercially Feasible for any reason, it will, upon written request, provide information to the City supporting its position. If the City and Franchisee disagree as to the Commercial Feasibility C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 11 of a particular improvement, the City may provide notice stating that it believes that such an improvement is appropriate and may consider Franchisee's response during renewal. (a) The City may, by written notice, require the Franchisee to provide the functional equivalent of such Cable System capacity or Cable Services that are not then available on the Cable System in the City but are available within Palm Beach County. Nothing herein shall be construed to require the Franchisee to employ any specific transmission technology or to carry any particular programming service. (b) Upon receipt of such notice, the Franchisee shall implement the same or functional equivalent of such Cable System capacity or Cable Services within twelve (12) months of receipt of notice, or as otherwise agreed to by the City and the Franchisee. The City agrees to provide an extension of such twelve (12) month period upon written request of the Franchisee for good cause shown, including, but not limited to Force Majeure. 3. Franchisee's failure to upgrade the Cable System pursuant to this section shall result in imposition of fines to be paid by the Franchisee to the City in the amount of not less than one thousand dollars ($1,000) per violation, per day, or part thereof that the violation continues after following the procedures set forth in Section 93.25 of the Ordinance and shall be considered in any renewal proceedings. C. For any subsequent upgrade or rebuild of the Cable System, Franchisee shall submit to the City a schedule of its planned cable routing, work areas and pedestal/power supply locations during the upgrade or rebuild construction process in accordance with the City's generally applicable requirements. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 12 D. During any further construction, Franchisee shall provide monthly written updates and, upon request of the City Manager or designee, meet with the City monthly, or as otherwise agreed to between the City and Franchisee, to review the progress of the construction of the Cable System and to coordinate, as may be necessary, to minimize disruption of the rights-of- way in the City while attempting to avoid delay in the Cable System construction schedule. E. Franchisee agrees to provide reasonable notice to all Subscribers of any Cable System upgrade or rebuild and the timing of such through the use of door hangers, direct mail, and over the Cable System prior to the initiation of and during construction. Section 15. Institutional Network. The Franchisee shall provide Institutional Network services to the City in accordance with the terms of a separate agreement between the parties. Section 16. Access Channels and Facilities. A. Access Channel Cauacitv. Upon ninety (90) days written notice, Franchisee shall provide to the City at least one (1) and a maximum of three (3) activated downstream Access Channels in accordance with this section and at least one (1) return line and a maximum of two (2) return lines on the Cable System for the exclusive use of the City which the City shall use, in whole or in part, for video and audio services for non-commercial educational and/or governmental access use: 1. Upon written request of the City, Franchisee shall provide to the City one (1) full-time Access Channel ("First Access Channel") to the City within ninety (90) days of the date of the request. Franchisee shall deliver to the City a second channel for the City's exclusive use ("Second Access Channel") if, at any time, the First Access Channel is programmed at least C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 13 ten (10) hours per day between 8:00 a.m. to 12:00 a.m. for a period of six (6) consecutive weeks with non-character generated, non-duplicative, non-commercial programming (the acknowledgement of underwriters and sponsorships shall be considered non-commercial). The Franchisee shall provide the exclusive use of the Second Access Channel within six (6) months of receipt of a written request from the City that will include detailed documentation evidencing the fact that the usage of the First Access Channel has met the criteria set forth above. The Second Access Channel may, at the City's option, be activated from City Hall, or from such other location within the City as specified by the City. Franchisee shall deliver to the City a third channel for the City's exclusive use ("Third Access Channel") if, at any time, the First and Second Access Channels are programmed at least ten (10) hours per day between 8:00 a.m. to 12:00 a.m. for a period of six (6) consecutive weeks with non-character generated, non- duplicative, non-commercial programming. The Franchisee shall provide the exclusive use of the Third Access Channel within six (6) months of receipt of a written request from the City that will include detailed documentation evidencing the fact that the usage of the First and Second Access Channels have met the criteria set forth above. 2. The City may elect to carry County or other municipal or educational programming in all or in part on City Access Channels and such programming shall be included as usage under Subsection 1 above as long as such programming is not duplicative of County programming carried on an entire County Channel that is delivered to Subscribers within the City. At no time shall Franchisee be obligated to carry more than a total of three (3) Access Channels. In accordance with federal law and Section 93.16 of the Ordinance, Franchisee will be entitled to use any PEG Access Channel capacity for the provision of other services at any C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 14 time such channel capacity is not being used for PEG access purposes or is not meeting the usage requirements as provided in this Agreement. 3. Upon 90 day's prior written notice from the City, Franchisee shall cablecast live all City Commission Meetings over the Cable System. 4. The Franchisee shall not be responsible for the operation, management and administration of PEG Access, or for providing programming or technical support thereto, except as otherwise provided in this section. 5. Franchisee's Cable System shall be configured so that any programming delivered to the Cable System on any return line required hereunder may be delivered downstream on the Cable System on any of the activated downstream Access Channels to all Subscribers hereof, as determined and directed by the City from the access facilities and equipment located at City Hall, or from such other location within the City designated by the City, for a total of two return lines. 6. Franchisee shall provide all necessary headend and Cable System electronic and distribution equipment so that any programming transmitted from City Hall and such other origination location designated by the City in accordance with this Agreement may be transmitted to all Subscribers on any of the Access Channels provided pursuant to this Section hereof. City Hall and the other origination location designated pursuant to Section 16(a) hereof will be linked to the headend by the most technically feasible and cost-effective means, as reasonably approved by the City. 7. Franchisee agrees that all Access Channels will be provided to Subscribers on the Cable System as a part of the lowest tier of Cable Service and that, if programming C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 15 infonnation is supplied to Franchisee by the City in writing, Franchisee will use its best efforts to publicize such programming on the Access Channels as a part of any ordinary printed program listings it creates and provides to Subscribers. 8. Franchisee agrees that any and all Access Channels provided pursuant to this Section 16 shall be provided on the same channel location to all Subscribers in the City. If Franchisee elects to change the channel location of any City Access Channel, Franchisee shall provide no less than ninety (90) days notice to the City and thirty (30) days notice to Subscribers prior to the change and shall advertise any such change consistent with FCC notice requirements. 9. Failure on the part of the Franchisee to provide the PEG channels required by Section 16(A) of this Agreement may result in the imposition of liquidated damages in the amount of one thousand dollars ($1,000) per day per violation after following the procedures set forth in Section 93.25 of the Ordinance. B. Access Capital Grant 1. Consistent with applicable federal law , the Franchisee shall pay the City a capital grant for PEG equipment, facilities and other capital requirements in the amount of Eighty Seven Thousand Five Hundred Dollars ($87,500) per year during each year the franchise is in effect, and payable within ten (10) days of the effective date hereof, and by March 15th of each subsequent year. 2. The City acknowledges that under FCC rules, the Capital Grant may be passed through to Subscribers. Franchisee agrees that if the Capital Grant is passed through to Subscribers, such pass through shall apply to all Subscribers, including those Subscribers who receive Cable Service pursuant to bulk agreements, on an equitable basis. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 16 3. Franchisee hereby agrees that the Capital Grant provided by Franchisee pursuant to this Section 16 constitutes capital costs which are required by the Agreement to be incurred by Franchisee for public, educational, or governmental access facilities within the meaning of Section 622(g)(2)(c) of the Communications Act, 47 D.S.C. §542(g)(2)(C); Such grant shall not constitute a Franchise Fee or tax within the meaning of the Communications Act, state law, including but not limited to, the Florida Communications Services Tax, the Ordinance, or this Agreement as of the Effective Date of this Agreement. Section 17. Service to Public Buildings. A. Notwithstanding any other provision of the Ordinance, Franchisee shall provide one cable drop per location (including installation) without charge to each government building regardless of whether such facility is owned or leased in the Franchise Area that is listed in Exhibit A of this Agreement or any such building that is located within one hundred twenty-five (125) feet of Franchisee's coaxial distribution plant, whether now in existence or constructed during the term of this Agreement. Such service shall, at minimum, include the basic and expanded basic tiers, or the equivalent comprising the next level of programming service above the lowest tier of Cable Service. Service extensions beyond 125 feet shall be at the City's expense based upon Franchisee's actual costs. B. Failure on the part of the Franchisee to provide the cable drop and Cable Service required by Section 17(A) of this Agreement may result in the imposition of liquidated damages in the amount of five hundred dollars ($500) per day per violation after following the procedures set forth in Section 93.25 of the Ordinance. Section 18. Service to Schools. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 17 A. Notwithstanding any other provision of the Ordinance, Franchisee shall provide, without charge, one cable drop per location (including installation) and the basic and expanded basic tiers (or such equivalent comprising the next level of programming service above the lowest tier) of Cable Service to all accredited K-12 schools within the City that are located within one hundred twenty-five (125) feet of Franchisee's coaxial distribution plant, whether now in existence or constructed during the term of this Agreement. Service extensions beyond 125 feet shall be at the respective school's expense based upon Franchisee's actual costs. B. Franchisee shall make arrangements for each school to receive school materials, to the extent available, for teachers that explain the educational applications of the Franchisee's Cable Services and programming offered on the Cable System. The materials will be provided to all connected schools at no cost. C. Franchisee has established a voluntary initiative to provide, upon request, cable internet service to all State accredited K-12 schools within the City which receive Cable Service. Franchisee intends to provide each of such schools with one outlet of unlimited Internet access, including the necessary cable modem. D. The costs related to this Section 18 shall not be offset against Franchise Fees or taxes or passed through to Subscribers. Section 19. Commercial Leased Access. Franchisee shall provide commercial leased Access Channels as required by applicable law. Section 20. Emergency Use of Facilities. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfi'anchise.2.28.clean.doc 18 A. Franchisee shall at minimum comply with all FCC rules on emergency use of facilities. B. Franchisee shall provide standby power generating capacity to the Cable System headend capable of providing at least two (2) hours of emergency power. Section 21. Lock-out Devices. Franchisee shall make available at reasonable charge to any residential Subscriber, upon the request of such Subscriber, a "parental guidance" or "lock-out" device which shall permit the Subscriber, at his or her option, to eliminate the audio and visual transmissions from any channel reception to the extent technically feasible. Section 22. Line Extension Policy. Upon request and payment of all applicable charges, and provided that the requesting person gives Franchisee access to hislher premises in order to furnish, maintain and continue to offer Cable Service to that person, Franchisee shall, throughout the term of this Agreement, promptly furnish, maintain, and continue to provide all Cable Services distributed over the Cable System to any person at hislher place of residence at which Franchisee has the right to install equipment and located within the City where such residential location is not receiving Cable Service by any other franchised cable operator, provided that the number of actual residential dwelling units to be passed by any requested extension equals or exceeds twenty (20) homes per mile as measured from the nearest activated point on the Cable System to the furthest location to be served by the requested extension. Section 23. Cable Home Wiring Commitments. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 19 Franchisee shall comply with all FCC rules regarding cable home wiring, as amended from time to time. Section 24. Franchise Fee. A. As of the Effective Date hereof, the Florida Communications Services Tax Act preempts Section 93.17 of the Ordinance. If: however, the Florida Communications Services Tax Law is amended or repealed so that a local franchising authority is allowed to impose and collect Franchise fees, then forty five (45) days after the effective date of any such statutory amendment or repeal, this section of the Agreement will become effective or at such time as stated in said amendment or repeal of the Florida Communications Services Tax Law. Unless otherwise provided by law, Franchisee shall collect and remit Franchise fees for the entire period following the effective date of the aforementioned change in law, even if some collection and payment must be done in arrears to allow for changes to the billing process. The intent of this section is to ensure the City is not deprived of any Franchise fees to which it would otherwise be entitled following any change in applicable state law. 1. Franchisee shall pay the City a Franchise fee of five percent (5%) of Franchisee's Gross Revenues derived from the operation of the Cable System to provide Cable Services in the City. Franchise fee payments shall be paid on a quarterly basis (January 1, April 1, July 1 and October 1) no later than forty-five (45) days after the end of each quarter. Each payment shall be accompanied by a detailed report to the City showing the basis of the computation. 2. The City shall have the option of increasing the Franchise fee to the maximum permitted by law following a public hearing where both the Franchisee and public are C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 20 allowed to comment on the impact of the higher fee, and a vote by the City Commission adopting a resolution to impose the higher fee. Such change shall take effect on the next available billing cycle in which the higher charge may be placed on Subscribers' bills. 3. Upon reasonable prior written notice, during Normal Business Hours, as defined in the Ordinance, at Franchisee's principal business office in Palm Beach County, the City shall have the right to inspect the Franchisee's financial records used to calculate the Franchisee fees; provided, however, such actual fees are subject to the applicable statute of limitations. 4. Upon completion of any such inspection by the City, the City shall provide to the Franchisee a final report setting forth the City's findings in detail, including any and all substantiating documentation. The Franchisee shall have thirty (30) days from the receipt of the report to provide the City with a written response, including any substantiating documentation. Any "Finally Settled Amount(s)" due to the City as a result of such inspection shall be paid to the City by the Franchisee within thirty (30) days from receipt of written notice of the acceptance of such Finally Settled Amount from the City. For purposes of this section, the term "Finally Settled Amount( s)" shall mean the agreed upon underpayment, if any, to the City by the Franchisee as a result of such inspection. If the parties cannot agree on a "Finally Settled Amount", the parties shall submit the dispute to a mutually agreed upon mediator within sixty (60) days of reaching an impasse. In the event an agreement is not reached at mediation, either party may bring an action to have the disputed amount determined by a court of law. Once the parties agree upon a Finally Settled Amount and such amount is paid by the Franchisee, the City C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 21 shall have no further rights to audit or challenge the payment for that period unless otherwise provided by applicable law. B. Unless otherwise mandated by applicable law, Franchisee expressly agrees that: (i) the Franchise fee payments to be made pursuant to this section shall not be deemed to be in the nature of a tax; (ii) such Franchise fee payments shall be in addition to any and all taxes of a general applicability and not applicable solely to cable television operations within the City or other fees or charges which Franchisee shall be required to pay to the City or to any state or federal agency or authority, as required herein or by law, all of which shall be separate and distinct obligations of Franchisee; (Hi) Franchisee shall not have or make any claim for any deduction or other credit of all or any part of the amount of said Franchise fee payments fÌ'om or against any of said City taxes or other fees or charges of general applicability which Franchisee is required to pay to the City, except as agreed herein or required by law; (iv) Franchisee shall not apply nor seek to apply all or any part of the amount of said Franchise fee payments as a deduction or other credit fÌ'om or against any of said City taxes or other fees or charges of general applicability, each of which shall be deemed to be separate and distinct obligations of Franchisee; (v) Franchisee shall not apply or seek to apply all or any part of the amount of any of said taxes or other fees or charges of general applicability as a deduction or other credit fÌ'om or against any of its Franchise fee obligations, each of which shall be deemed to be separate and distinct obligations of Franchisee. Section 25. Reports and Records. Upon reasonable prior written request of the City Manager or his/her designee, Franchisee shall furnish the City with all of the information as required under Section 93.18 of the C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 22 Ordinance, except those reports required by Section 93.18 (a)(4) and (b)(2) (unless and until the Florida Simplified Communications Tax Act is properly amended or repealed). Franchisee hereby expressly agrees to implement and maintain such practices and procedures as may be necessary to comply with said obligations. Section 26. Right to Inspect Financial Records and Facilities. A. Franchisee shall maintain a complete set of books and records, including plans, contracts, engineering, statistical, customer and service records at a location in Palm Beach County, as required by the Ordinance, and accounting and financial records if the Florida Simplified Communications Tax Act is properly repealed, unless prohibited by applicable law. B. Throughout the term of this Agreement, the Franchisee agrees that upon receipt of advance written notice from the City, the Franchisee shall permit any duly authorized representative of the City to review such of the Franchisee's books and records regarding the operation of the Cable System and the provision of Cable Service in the City, as are reasonably necessary to monitor Franchisee's compliance with the provisions of the Ordinance and this Agreement at the Franchisee's business office in Palm Beach County, during Normal Business Hours and without unreasonably interfering with Franchisee's business operations. Such notice shall specifically reference the subsection of the Agreement that is under review so that the Franchisee may organize the necessary books and records for easy access by the City. Such books and records shall include, without limitation, any records required to be kept in a public file by the Franchisee pursuant to the rules and regulations of the FCC. The Franchisee shall not be required to maintain any books and records for Agreement compliance purposes longer than five (5) years, except for written service complaints, which shall be kept for three (3) years. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 23 C. The City shall accord all books and records that it inspects under this section the degree of confidentiality such books and records are entitled to under federal and state law. To the extent Franchisee considers any books or records that it is required to produce to be confidential or otherwise protected from public disclosure, Franchisee shall designate which documents it views as confidential and proprietary. D. Franchisee hereby agrees that the City shall have the right to inspect Franchisee's facilities and property during Franchisee's Normal Business Hours and upon reasonable notice. Section 27. Customer Service Requirements. Franchisee agrees to comply with, and to implement and maintain any practices and procedures that may be required to monitor compliance with each of the customer service requirements set forth in Section 93.19 of the Ordinance, and as such requirements maybe lawfully amended in accordance with the terms of the Ordinance or this Agreement. Section 28. Late Fees. Pursuant to Section 93.19 of the Ordinance, Franchisee hereby agrees that any late charge imposed on Subscribers for unpaid bills shall not exceed Five Dollars ($5.00). Such fee may be deemed to represent Franchisee's reasonable administrative costs. Section 29. City Purchase of Cable System. The City may, upon the recommendation of the City Manager and the approval of the Commission, acquire ownership of and operate Franchisee's Cable System in accordance with the Ordinance and applicable state and federal law. Section 30. Modification of Agreement. C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 24 Franchisee shall file an Application with the City for any modification of this Agreement in accordance with the federal Communications Act and Section 93.08 of the Ordinance. Section 31. Transfer of Agreement. Franchisee shall file an Application to transfer or to change ownership or control of Franchisee or its Cable System in full compliance with Sections 93.08 and 93.24 of the Ordinance. No Transfer shall occur without prior approval of the City Commission, which approval shall not be unreasonably withheld. Franchisee shall be subject to liquidated damages in the amount of one thousand five hundred dollars ($1,500) per day for failure to receive such consent of the City for a transfer or change of control; provided, however, that no such liquidated damages shall be owed if the City's denial of consent is unlawful or unreasonable. Section 32. Procedures for Requesting Approval of Transfer. In compliance with the requirements set forth in Sections 93.08 and 93.24 of the Ordinance, and subject to Section 31 above, the following procedures shall be followed by Franchisee in requesting the City's consent to a transfer, other than a pro forma transfer, of this Agreement or to transfer control of the Agreement or Franchisee. However, the requirement to obtain consent for a pro forma transfer shall not apply to transactions solely for the purpose of restructuring, recapitalization or refinancing which do not change the effective control of the Franchisee, as long as the Franchisee provides reasonable notice to the City of such transaction. A. At least one hundred twenty (120) calendar days prior to the contemplated effective date of a transfer, Franchisee shall submit to the City a completed Application for approval of the transfer. Such Application shall include the following: 1. A statement of the reason for the contemplated transfer. C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 25 2. The name, address and telephone number of the proposed transferee. 3. A detailed statement of the corporate or other business entity organization of the proposed transferee, including but not limited to the following: (a) A detailed and complete audited financial statement of the proposed transferee for the three (3) fiscal years immediately preceding the date of the request for transfer approval, prepared by a certified public accountant if audited statements were made, or a letter or other acceptable evidence in writing from a duly authorized officer of the proposed transferee setting forth a clear and accurate description of the amount and sources of funding for the proposal transaction and its sufficiency to provide whatever capital and operating funds shall be required by the proposed transferee to construct, install, rebuild, maintain and operate the proposed Cable System in the City. If the corporate or business entity organization of the proposed transferee has not been in existence for a full three (3) years, the proposed transferee shall submit a certified financial statement for the period of its existence. (b) A description of all previous experience of the proposed transferee in operating Cable Systems and providing Cable Services or related or similar services, including a statement identifying, by place and date, any other cable television licenses or franchises awarded to the proposed transferee, its parent, subsidiaries, or Affiliates in the State of Florida. (c) Upon written request from the City and if such pro forma financial plan has been prepared, a detailed pro forma financial plan describing for each remaining year of the Franchise, the projected number of Subscribers, rates, all revenues, operating expenses, capital expenditures, depreciation schedules, income statements, and statement of sources and uses of funds. Where the transfer is part of a larger transaction and such information is not C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 26 prepared for the single Cable System in the City, the proposed transferee may provide such information on a consolidated basis including the Cable System in the City, but shall provide information on the size of the City System, in terms of number of Subscribers, relative to the transaction, so that pro rata estimates may be made. (d) If applicable, a detailed description of the proposed plan of operation of the proposed transferee, which shall include, but not be limited to the following: 1. A detailed map indicating all new areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the new areas to be served. 11. For informational purposes a statement or schedule setting forth all anticipated changes, if any, to the proposed classifications of Subscriber rates and charges for each of any said classifications, including installation charges, service charges, special, extraordinary, or other charges. 4. Upon request, the terms and conditions of the agreement between the transferor and proposed transferee relating to the operation of the Cable System in the City. 5. A statement of acceptance signed by a duly authorized officer of the proposed transferee, if such transferee will be the holder of the Franchise, of all of the terms and conditions of the Ordinance and this Agreement. If such transferee is not the holder of the Franchise, such transferee will sign a guarantee of compliance by the Franchisee with this Agreement. 6. A statement of acceptance of all liabilities arising under the existing Franchise whether known or unknown. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 27 7. A plan of compliance and guarantee to cure any outstanding violations of the Ordinance and this Agreement. B. The names, business addresses, state of residence and country of citizenship of all general partners and/or corporate officers and directors of the proposed transferee. C. The names, business addresses, state of residence and country of citizenship of all persons and entities having, controlling, or being entitled to have or control ten percent (10%) or more of the ownership of the proposed transferee and the respective ownership share of each such person or entity. Section 33. Dispute Resolution Procedures. A. Except as provided in Subsection B below, any disputes between the City and Franchisee under this Agreement shall be handled in accordance with Sections 93.19 (t) and (u), 93.25 and 93.26 of the Ordinance. B. Either party may seek mediation and the party seeking mediation shall provide written notice to the other party. Ifboth parties consent to mediation, the mediator, who shall have expertise in cable-related matters, shall be selected by agreement between the parties. 1. The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. 2. The mediation will be treated as settlement discussions and confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 28 3. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. Section 34. Renewal of Agreement. The provisions of Section 626 of the Communications Act and Section 93.23 of the Ordinance shall govern any and all proceedings to renew this Agreement. In the event of a conflict between the Communications Act and the Ordinance, the Communications Act shall control. If either Franchisee or the City decides to initiate a formal renewal process in accordance with Section 626(a)-(g) of the Communications Act, 47 D.S.C. § 546(a)-(g), both the Franchisee and the City must comply with each of the requirements in the Communications Act as well as the additional requirements set forth in the Ordinance. Section 35. Rates. A. Nothing in the Ordinance or this Agreement shall prohibit the City from regulating rates for Cable Service, installation, disconnection, and equipment to the full extent permitted by and consistent with state and federal law. B. Pursuant to the Ordinance, Franchisee shall not unlawfully discriminate with respect to Cable Service rates that it charges throughout the City, as defined by applicable law. Section 36. Enforcement Remedies. A. In addition to any other remedies available at law or equity, except as otherwise specifically provided in the Ordinance and Section 33 of this Agreement, the City may impose fines for any violation of the Ordinance, or this Agreement, and/or other remedies as follows: 1. For failure to provide data, documents, reports or information as required by this Agreement in a timely manner or as requested by the City consistent with FCC rules and C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 29 regulations, Franchisee shall pay fifty dollars ($50.00) per violation for each day the violation continues. 2. Unless otherwise provided herein or in the Ordinance, for all other violations of this Agreement or the Ordinance, except those violations of the customer service standards set forth in Section 93.19 of the Ordinance that are measured on a quarterly basis, the fines shall be one hundred dollars ($100.00) per violation for each day the violation continues for thirty (30) days. If the violation continues beyond thirty (30) days, a fine in the amount of two hundred dollars ($200.00) per violation per day shall be imposed. If the violation continues beyond sixty (60) days, a fine shall be imposed in the greater of the amount set forth in the Ordinance or two hundred dollars ($200.00) per violation per day. B. A violation will be deemed to have occurred when the City provides written notice to Franchisee of the violation in accordance with the procedures set forth in the Ordinance and this Agreement. In addition to any other remedies available at law or equity, except as otherwise specifically provided in this Agreement, the City may impose fines for any violation of the Ordinance, or this Agreement, and/or other remedies, pursuant to Section 93.25 of the Ordinance. C. This Franchise is subject to revocation pursuant to Section 93.26 of the Ordinance for any of the reasons set forth therein. In the event the City exercises its right to revoke the Franchise, the procedures set forth in the Ordinance shall apply. After exhaustion of all such proceedings, Franchisee shall have the right to appeal the decision of the City Commission to a court of competent jurisdiction in Palm Beach County, Florida. D. The Franchisee shall not be held in default under, or in noncompliance with the provisions of the Agreement or the Ordinance, nor suffer any enforcement or penalty relating to C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 30 noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the Franchisee to anticipate or control. Section 37. Area Wide-Interconnection. A. The Cable System shall be interconnected with other contiguous area cable systems that are owned and operated by Franchisee or an Affiliate. B. Franchisee shall use its best efforts to interconnect the PEG Access Channels of the Cable System with any other contiguous cable system not owned or operated by Franchisee or an Affiliate of Franchisee upon the directive of the City and in accordance with Section 93.14 of the Ordinance. Interconnection of channels may be done by direct cable connection, microwave link, satellite or other appropriate methods. Each individual operator of such systems shall pay for its own cost of constructing and maintaining the interconnection up to the demarcation point. Such interconnection shall not increase the total number of PEG Access Channels required under Section 16 of this Agreement. C. Subject to subsections A and B above, Franchisee shall make all reasonable efforts to cooperate with any designated access organization, interconnection corporation, regional interconnection authority or City, County, state or federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the Franchise Area. Section 38. Validity. A. By execution of this Agreement, the City and the Franchisee each represents and warrants to the other its respective authority and power to enter into this Agreement. The City and the Franchisee each represents, warrants and covenants to the other that the undersigned C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 31 elected official (as to the City) or officer (as to the Franchisee) has been duly authorized to execute this Agreement such that this Agreement has been validly entered into by the respective party, and that this Agreement constitutes a legal, valid and binding contract enforceable against the respective party in accordance with the terms hereof. B. If any part, section, subsection, or other portion of this Agreement or any application thereof to any Person or circumstance is declared void, unconditional or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Agreement, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. Section 39. Written Notice of Acceptance. Upon adoption and as of the date of the Commission resolution approving this Agreement, Franchisee shall provide to the City written acceptance of all the terms and conditions of this Agreement. Franchisee's failure to comply in full with this section shall render this Agreement null and void with no further action by the City, unless the City Manager agrees in writing or the Commission takes action to extend such period. Section 40. Notice. Any notice, request, demand, approval or consent given or required to be given under this Agreement shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail (return receipt requested), postage prepaid, to the other parties at the addresses stated below or at the last changed address given by the party to be notified as hereinafter specified: (a) If to Adelphia: Adelphia Cable Communications 1100 Northpoint Parkway, Suite 100 C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc 32 Delray Beach, FL 33407 Attention: Regional Vice President, Law and Public Policy With a copy to: Adelphia Communications 5619 DTC Parkway Greenwood Village, CO 80111 Attention: Vice President, Law and Public Policy (b) If to City: City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Attention: City Manager With a copy to: City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Attention: City Attorney Section 41. Entire Agreement. This Agreement and the Ordinance, to the extent set forth in this Agreement, set forth the entire agreement between the parties respecting the subject matter hereof. All agreements, covenants, representations and warranties, express and implied, oral and written, of the parties with regard to the subject matter hereof are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to another with respect to the matters of this Agreement. All prior and contemporaneous conversations, negotiations, agreements, representations, performances, covenants and warranties with respect to the subject matter hereof are waived and are superseded hereby and thereby. 33 Section 42. Execution in Counterpart. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have executed or caused this agreement to be duly executed as of the day and year first above written. CITY OF DELRA Y BEACH, FLORIDA By: Name Title Attest: City Clerk Date filed with City Clerk: Agreed to and accepted by Franchisees: Adelphia Cable Partners, L.P. a Florida limited partnership d/bla Adelphia Cable Communications By: ACC Operations, Inc. a Delaware corporation Its: General Partner's Managing Member's Managing Member's General Partner By: Joe W. Bagan Its: Senior Vice President of Operations Date: 34 National Cable Acquisition Associates, L.P., a Delaware limited partnership d/bla Adelphia Cable Communications By: ACC Operations, Inc. a Delaware corporation Its: General Partner's General Partner By: Joe W. Bagan Its: Senior Vice President of Operations Date: Witnesses: 35 ~ Yea! ~greerne~t]?raftf~Discussi~n}>ll1J>_os~s}~1/~5 __-----{ Deleted: 10 DEDICATED CAPACITY AGREEMENT (JI<- M This Dedicated Capacity Agreement (the "Agreement") is made and entered into as of the _ day of , 2005 (the "Effective Date" which shall be on or after the date of the execution and written acceptance of the renewal of the Cable Television Franchise to Adelphia Communications Corp. or any subsidiary thereoij by and between the City of Delray Beach. Florida. a municipal corporation with its principal offices located at 100 NW 1st Avenue. Delray Beach, FL 33444 ("City") and Adelphia Cable Partners, LP, a Delaware limited partnership doing business as Adelphia Cable Communications ("Adelphia") for itself, its subsidiaries and affiliates that provide digital fiber optic telecommunications transmission capacity. Adelphia and City are the parties to this Agreement and may be referred to individually as "Party" and collectively as "Parties: A. Adelphia desires to provide, and City desires to obtain and use, a specific amount of unlit digital fiber optic telecommunications transmission capacity (the "Adelphia Service") between the locations (the "Locations") more particularly described on the Service Description included in Exhibit A.. which is attached and incorporated in this Agreement by this reference. B. City acknowledges that it will be responsible for providing all electronics, equipment and services required on its side of the demarcation points at the Locations in order for it to "Iighr the Adelphia facilities; the Adelphia Service is not "lit" and Adelphia makes no undertaking under this Agreement to do so as part of the Adelphia Service. C. The Parties acknowledge that this Dedicated Capacity Agreement is not an Indefeasible Right of Use ("IRU") Agreement. but is intended to provide City only with access to the Adelphia Service for a limited time under the terms and conditions set forth below. IN CONSIDERATION OF THE FOREGOING RECITALS AND FOR OTHER GOOD AND VALUABLE CONSIDERATION. THE PARTIES TO THIS AGREEMENT AGREE AS FOLLOWS: 1. The Adelphla Service, Facilities and Acees.. (a) Service and Facilities. Subject to and in accordance with the terms and conditions of this Agreement, Adelphia will provide the facilities necessary to provide City with the Adelphia Service (the "Facilities"). Provision and use of. the Adelphia Service in the .Å~~~\ ~~tI\~~ ~ amounts and at the Locations shall be in accordance with the terms and conditions set forth in this Agreement. City shall have the right to use capacity on the FacHities only up to the amounts specified in Exhibit A; the Adelphia Service provided under this Agreement is not "burstable." If any time City wishes to use capacity at any Location in excess of the amounts specified in Exhibit A, it must place an order with Adelphia for additional capacity, which must be accepted by Adelphia before any such usage occurs. Should Adelphia detennine, through use of Audit Equipment (as defined below) or otherwise, that City has exceeded the capacity specified in Exhibit A, Adelphia may, at its sole discretion, invoke any of the terms under this Agreement. (b) City U.. of Adelphil SllVlee. City may connect its network or facilities with the FacHities at City' sole cost, at the connecting points designated in Exhibit A. Adelphia shall provide a fiber connection to an Adelphia owned and installed patch panel in the computerltelecommunications room, designated by the City in each location listed on Exhibit A. City shall then be responsible for providing all electronics and required equipment and services on its side of the demarcation identified at the Locations to "Iighr the FacUities and utHize the Adelphia Service for City's intended purposes. City shall be responsible for all costs to connect its network or facilities with the Facilities and to "light" or otherwise utilize the Adelphia Service. City may use the Adelphia Service for City's business, including, but not limited to, the transport of City content, municipal wireless applications, and for any lawful purpose provided however, that the City shall not reseU any portion of the capacity of the Facilities provided under this Agreement nor shall the City pennit non-govemmental use or provide any services that directly compete with services provided by Adelphia. To the extent that the City installs antennae or other equipment to enable the provision of wireless service, such additional antennae or equipment shall not be construed as "additional sites" pursuant to Exhibit A Section 6. City shall take all reasonable precautions against, and shall assume liability, subject to the terms of this Agreement, for any damage caused by the negligence of City to the Facilities or other fibers or portions of the facilities or equipment used or owned by Adelphia. City shall at all times comply with all applicable laws and regulations. Adelphia reserves the right to tenninate the Adelphia Service and/or suspend affected Adelphia Service, if Adelphia detennines that City use does not confonn with the requirements set forth in this Agreement or the City causes technical inteñerence that impedes Adelphia's abHity to provide Adelphia Service to City or others or receives notice from anyone that such use may violate applicable laws. Adelphia's actions or inaction under this Section shall not constitute review or approval of City's use. Adelphia will provide notice to City before taking action under this Section. (c) Adelphillnlpectlon and Audit Rights; U.. of Monitoring and Bandwidth Governors. (i) City acknowledges that Adelphia may audit City's use of the Facilities, as further provided in this Section. During the tenn of this Agreement and for a period of three (3) years thereafter, City shall allow Adelphia or its professional advisors access to and the right to examine, audit, inspect and copy its records and any documents and other items related to the Adelphia Service. City shall provide 2 assistance to interpret such data if requested by Adelphia. Such examination shall provide Adelphia with complete infonnation regarding City's use of the Adelphia Service. City sites shall be available for inspection and review at any reasonable time by representatives of Adelphia. Upon prior written notice and accompanied by City employees, Adelphia or its designee may enter the Locations to perfonn physical audits of City usage of the Adelphia Service and FacUities. Notwithstanding anything to the contrary, any and all auditing and monitoring of the system by Adelphia shall be limited to the auditing and monitoring solely of the City's use of transmission capacity and shall not include any auditing, monitoring or access by any other means of the content of any transmissions. (ü) In addition, no more than four (4) times each year during the Tenn of this Agreement, Adelphia may request that an officer of City certify that City's usage of the FacUities and Adelphia Service comply with the terms and conditions outlined in this Agreement, including the capacity restrictions set out in Exhibit A. . (ii1 City shall prepare, maintain and preserve aU records compiled by City in connection with City's use of the Adelphia Service. The records shall be retained for a minimum of one (1) year from the tennination or completion of this Agreement. (iv). City further acknowledges that at any time during this Agreement, without notice to City, Adelphia has the right. but not the obligation. to install and maintain monitoring and usage governing equipment (the "Audit Equipmenr) on the FacUities used to provide the Adelphia Service provided that such equipment monitors only usage of capacity and does not monitor or record the content of any transmissions. In addition, if required by Adelphia, such Audit Equipment may be placed on site(s) of City at the Locations and City grants Adelphia a license to install and operate such Audit Equipment on the Locations. Any such installation of Audit Equipment on a City sites at a Location shall be undertaken only after prior reasonable written notice to City and approval of the location by the City, which shall not be unreasonably withheld. A City representative shall be present while the installation is taking place. (d) Public Rights otWIY; Acee.. to City Property. Adelphia owns and operates the Facilities. Adelphia acknowledges that City has no obligation to assure or guarantee Adelphia the necessary connections to public streets, utilities or adjacent buUdings that may be necessary for the provision of Adelphia Service to the Locations. Notwithstanding the foregoing, (i) in areas owned or controlled by City, City shall provide Adelphia access necessary for the operation of Facilities and (ü) City shall cooperate with Adelphia, at Adelphia's expense, in obtaining any third party pennits, easements or agreements necessary for Adelphia to provide Adelphia Service to City under this Agreement. 2. Pay....nt Ind Revenue. 3 (a) Charg.. for Adelphia Service. In exchange for the provision of the Adelphia Service, City shall pay the amounts listed on ExhiM A (the "Service Charges"). Except as otherwise agreed to on Exhibit A, Adelphia shall bill in advance the Service Charges for all Adelphia Service to be provided during the ensuing calendar month. All bills for Adelphia Service provided to City by Adelphia are due within thirty (30) days of receipt. If any portion of the undisputed amounts of the payment has not been received by Adelphia forty fIVe (45) days after the bill date, or if any portion of the payment is received by Adelphia in funds which are not immediately available to Adelphia, then a late payment penalty shall be due Adelphia. The late factor shall be the maximum amount allowable by law, but not more than 1.5 % per month or 18% annually. _(b) Tax..; Costl. All payments provided in this Agreement are exclusive of any sales. use, gross receipts. excise, import or export value added or similar taxes or duties (the "Taxes"). As of the Effective Date of this Agreement, the City is tax exempt. If during the Term of this Agreement. the City's tax exempt status changes. the parties shall negotiate in good faith an increase in the payments made to Adelphia to account for Taxes. 3. Facllitl.. Ownership. The Facilities shall be and remain the property of Adelphia during the Term. City shall use reasonable care to avoid damaging the Facilities during the Term and agrees not to alter, modify, sell, license, lease, assign. encumber, relocate, move or tamper with the Facilities except in the case of an emergency whereupon the City may take any actions permitted pursuant to its police powers and the authority granted by the laws of the state of Florida. City shall not use the Adelphia Service or any Facilities in a way that violates Adelphia's interests in its trademarks, trade names, copyrights. or other proprietary rights. 4. Confidentiality. Each Party acknowledges that Confidential Information may be disclosed to the other Party during the course of this Agreement. Each Party agrees that it will take reasonable steps during the Term and for a period of one year following expiration or termination of this Agreement, to prevent the duplication or disclosure of Confidential Information of the other Party. other than by or to its employees, agents or affiliates with a specific ·need to know" such Confidential Information. ·Confidentiallnformation" means all business or technical information of the disclosing Party that is not generally known to the public and that derives value from not being generally known, whether such information is disclosed orally or in writing. Confidential Information may include any software, content, documentation, ftow-chart, logic diagram, design proposal, screen shot, screen shot concept, algorithm, device, compilation of information. method. technique, or process. Notwithstanding the foregoing, either Party may disclose Confidential Information without the consent of the other Party. to the extent such disclosure is required by law, including Florida Statutes Ch. 119. rule, regulation or govemment or court order. 4 5. Compliance with Laws and Regulations. Adelphia agrees to comply with all applicable laws, ordinances, rules and regulations of any governmental entity or agency having jurisdiction with respect to the FacUities or the provision of the Adelphia Service. City agrees to comply with all applicable laws, ordinances, rules and regulations of any governmental entity or agency having jurisdiction with respect to the Locations. City represents and warrants that its use of the Adelphia Service and the Facilities shall comply in all material respects with applicable government codes, ordinances, laws, rules, regulations and restrictions. 6. R.pmentations, Wlrranties Ind Indtmnificltion. (I) Ad.lphla Wlrrant.... Adelphia warrants that (i) it possesses all authorizations, approvals, consents, licenses, pennits, certificates and other rights and pennissions necessary to pennit Adelphia to install, operate, and offer the Adelphia Service at the Locations, and (H) it cunently has and wil maintain property insurance and commercial generalliabHity insurance in amounts specified in the City's generally applicable cable television ordinance. (b) City Wlrranti... City warrants that it is an incorporated municipality under the laws of the state of Florida and as such, has the authority to enter into this agreement. (c) G.neral Wlrranti... Each Party represents and warrants to the other Party that: (i) such Party has the full right. power and authority to enter into this Agreement and to perform the acts required of it hereunder; (ii) the execution of this Agreement by such Party, and the perfonnance by such Party of its obligations and duties hereunder, do not and will not violate any agreement to which such Party is a party or by which it is othelWise bound; (Hi) when executed and delivered by such Party, this Agreement will constitute the legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms; and (iv) such Party acknowledges that the other Party makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement. (d) No Additional Wlrranties. NEITHER PARTY MAKES ANY, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ADELPHIA SERVICE OR THE FACILITIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. (.) Limitation on Liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED 5 OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THE AGREEMENT, THE USE OR INABILITY TO USE THE ADELPHIA SERVICE, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PRoms OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO THE OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO THIS SECTION. EXCEPT AS PROVIDED IN THIS SECTION, (I) LIABILITY ARISING UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES, AND (II) THE MAXIMUM LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID UNDER THE AGREEMENT. (f) indemnity. Adelpia shall defend, indemnify, save and hold harmless the City and its officers and employees from any and all third party claims. demands, liabHities, costs or expenses, including reasonable attorneys' fees ("Liabilities"), resulting from Adelphia's material breach or alleged material breach of any duty. representation, or warranty of this Agreement. The foregoing obligation shall not apply to any such claim to the extent that it is based on or arises out of (a) any other technology, software or materials provided by. incorporated or distributed by City hereunder, in which case City shall indemnify Adelphia hereunder; (b) the combination, operation or use of the FacIities with hardware, data. content or software not supplied by Adelphia; or (c) modifications to the Facilities if the modifICations were not made by Adelphia; (d) use of the Facilities in a manner not contemplated by the documentation. City shall defend, indemnify, save and hold harmless Adelphia from any and all Liabilities resulting from City's willful, gross. negligent, or criminal acts related to a material breach of this Agreement to the extent permitted by law. (g) Claims. If a Party entitled to indemnification hereunder (the "Indemnified Party") becomes aware of any matter it believes is indemnifiable hereunder involving any claim, action, suit, investigation, arbitration or other proceeding against the Indemnified Party by any third party (each an "Action"), the Indemnified Party will give the other Party (the "Indemnifying Party") prompt written notice of such Action. Such notice wi (i) provide the basis on which indemnification is being asserted and (ii) be accompanied by copies of all relevant pleadings, demands, and other papers related to the Action and in the possession of the Indemnified Party. The Indemnifying Party will have a period of thirty (30) days after delivery of such notice to respond. Notwithstanding the foregoing. the Indemnifying Party shall respond to such notice promptly enough to provide the Indemnified Party a reasonable time to respond to any legal process or to comply with applicable law or the rules of a legal proceeding in the event that the Indemnifying Party elects not to defend such Action. If the Indemnifying Party elects to defend the Action or does not respond within the requisite period, the Indemnifying Party wil be obligated to defend the Action, at its own expense, and by counsel reasonably satisfactory to the Indemnified Party. The Indemnified Party wil cooperate, at the expense of the Indemnifying Party, with the Indemnifying Party and its counsel in the defense and the Indemnified Party wil have the right to participate fully, at its own expense, in the defense of such Action. If the Indemnifying Party responds within the required period and elects 6 not to defend such Action, the Indemnified Party will be free, without prejudice to any of the Indemnified Party's rights hereunder, to compromise or defend (and control the defense of) such Action. In such case, the Indemnifying Party will cooperate, at its own expense, with the Indemnified Party and its counsel in the defense against such Action and the Indemnifying Party will have the right to participate fully, at its own expense, in the defense of such Action. Any compromise or settlement of an Action will require the prior consent of both Parties hereunder, such consent not to be unreasonably withheld or delayed. 7. Compliance with Usage Re.trietion.; Liquidated Dlmage.. Exc... U'lge - Adelphla Remedle.. Should Adelphia detennine that City has used capacity on the Facilities in excess of the amounts specified for use by City in Exhibit A (-Excess Usage-), Adelphia shall provide notice to City requiring that such Excess Usage cease immediately. Upon receipt of such notice, City shall immediately cease use of such Excess Usage. After the City's receipt of such notice, Adelphia may take the following action: (a) Not less than thirty (30) days following the notice in (i) above, and if the City has not ceased the Excess Usage, Adelphia may invoice City for liquidated damages for the Excess Usage. The Parties agree that any Excess Usage by City may cause loss and damage to Adelphia, the amounts of which wUI be extremely difficult or impossible to measure. Therefore, the Parties agree that if such excess usage is not the subject of a dispute and the rate for such actual Excess Usage shall be no more than two (2) times the rate that Adelphia charges to the City under the terms of this Agreement. The Parties understand and agree that the terms of this Section 7(a)(ii) describe liquidated damages that City shall pay to Adelphia as a result of the Excess Usage by City and do not constitute a penalty. (b) In the alternative, Adelphia may tenninate the Agreement for material breach. 8. Term Ind Termination. (I) Term. The tenn of this Agreement shall be as set forth in Exhibit A. (b) Tennlnltion for Bruch. This Agreement may be terminated by either Party prior to its expiration if any of the following events of default occurs: (i) the other Party materially faUs to perfonn or comply with this Agreement or any provision hereof; (ii) the other 7 Party becomes insolvent or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or (iii) a petition under any bankruptcy act, receivership statute, or the like, as they now exist, or as they may be amended, is filed by the other Party; or if such a petition is filed by any third party, or an application for a receiver of the other Party is made by anyone and such petition or application is not resolved favorably to such Party within sixty (60) days. A non-defaulting Party may tenninate the Agreement under (i) above thirty (30) days after written notice of tennination clearly titled "Notice of Defaulr and referencing this contract is given by the non-defaulting Party to the defaulting Party and the defaulting Party's defaults have not been cured within such thirty (30) day period. Tennination under (ii) and (iii) above shall be effective upon notice. The rights and remedies provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. In the event a non-defaulting Party in its discretion elects not to terminate this Agreement, such election shall not be a waiver of any and all claims of that Party for such default(s). Further, the non-defaulting Party may elect to leave this Agreement in full force and effect and to institute legal action against the defaulting Party for specific performance and/or damages suffered by such Party as a result of the default(s). {c) Early Termination Liability. In the event this Agreement is tenninated due to breach of this Agreement by City, City shall be obligated to pay, in addition to any already accrued liabUities under this Agreement, an early tennination fee as set forth below. Tennination during the firsiJ@ (2J y_ea~ - 100% of /T1()nthly recurringcharg~ for _~t~nce_ of.ftæ.(2l y~ar term , ' ,{ Deleted: three - - - - ~(-'- - - { Deleted: 3 ¡=:: Deleted: 7 Termination durinQ year 3 - 60% of monthly recurrinQ charQe for balance of five (5) year term T ennination during year 4 - ~Q% of !1:IOr¡thJy _ recurrin_9 ~harge for ~~I~~~_ of ~(21 y~ar !enTI _ _ tenninate this Agreement upon thirty (30) days notice to Adelphia with no liabUity. Deleted: ten -"':;:'" ' Deleted: 10 evem=p::: :~::~::::::n:':::~~::ri:::re::;:~"::'::::::~::<¡ ==: ~ "'<'f Deleted: 10 , Deleted: T ermnation during year 6 - 50% of monthly recoomg charge b' balance of ten (10) ye81 tenn1I T ermmabon dunng year 7 - 40% of monthly recurring chatge b' balance of ten (10) yeat tenn1I T erminalion during yeat8 - 30% of monthly recumng ch8lge for balance of ten (10) year termf Termination during ye8l9 - 20% of monthly recurring chatge b' balance of ten (10) ye8I term'i Termination during year 10-10% of monthly recumng ch8lge for balance of ten (10) year termf T ennination during year 5 -20% of !1:IOr¡t!tly _ recurring ~harge for ~al~nce_ of J!.\L~J2)_ y~_a~ !enTI_ (d) Return of Information. Upon the expiration or tennination of this Agreement, each Party will, upon the written request of the other Party, return or destroy (at the option of the Party receiving the request) all Confidential Information, documents, manuals and other materials specified by the other Party unless retention of such materials is required by applicable federal, state or local law or regulation. 9. Notices. Any notice, approval, request, consent, authorization, direction or other communication under this Agreement (except routine operational communications or where otherwise specified) will be given in writing and will be deemed to have been delivered and given for all purposes (i) on the delivery date if delivered by confinned facsimile; (ii) on the delivery date if delivered personally to the Party to whom the same is directed; (iii) one business day after deposit with a commercial overnight carrier, with written verification of receipt; or (iv) five business days after the mailing date, if sent by U.S. maU, return receipt requested, postage and charges prepaid, or any other means of rapid mail delivery for which a receipt is avaUable. 8 In the case of notice to Adelphia, such notice shall be provided to: Attention: Legal Department Adelphia Cable Communications 5619 DTC Parkway Greenwood VNlage. CO 80111 Forward Copies to: Attention: SVP of Operations Adelphia Cable Communications 1100 Northpoint Parkway. Suite 100 West Palm Beach, FL 33407 Forwlrd Copies to: Attention: Director of Commercial Data Adelphia Convnunications 1 North Main Street Coudersport. PA 16915 In the case of City, such notice shall be provided to: David Harden, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach. FL 33444 With a copy to: Susan Ruby, City Attorney City of Delray Beach 100 NE 2nd Avenue Delray Beach. FL 33444 9 10. Intellectual Property. Each Party retains an Intellectual Property Rights in all of its property, including, but not limited to trade names, trademarks, service marks, symbols, identifiers, fonnats, designs, devices. identifiers. or proprietary products, services and infonnation owned by each Party. 11. Ilscellaneous. (a) Governing Law. This Agreement shall be governed by the laws of the United States of America and the State of Florida without regard to Florida's conflict of laws principles and each Party to this Agreement submits to the exclusive jurisdiction of, the state and federal courts sitting in Palm Beach County, FL and each Party waives any jurisdictional. venue, or inconvenient forum objections to such courts (b) Entire Ag....ment. This Agreement is the entire agreement between the Parties and is not intended to confer and does not confer any rights or remedies upon any person or entity other than the Parties to this Agreement. This Agreement sets forth the entire understanding and agreement of the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements related thereto. (c) Assignment. Adelphia may assign this Agreement to any successor in interest to Adelphia's cable television franchise agreement with the City as approved by the City, in whole. upon written notice to City. Adelphia may assign this Agreement to an unaffdiated party that is not a successor in interest to the cable television franchise agreement only with the prior written consent of the City, which shall not be unreasonably withheld. City may assign this Agreement only with the prior written approval of Adelphia, which shall not be unreasonably withheld. (d) Transfer of Adelphla Service. The Adelphia Service is solely provided for use by City. City may not transfer the Adelphia Service to another person or location without Adelphia's prior written consent. (e) Remedl... Except where otherwise specified. the rights and remedies granted to a Party under this Agreement are cumulative and in addition to, and not in lieu of. any other rights or remedies which the Party may possess at law or in equity. 10 (I) No Implied Waiver. The faiure of a Party to insist at any time upon the strict perfonnance of any covenant or agreement herein or to exercise any option, right, power of remedy contained in this Agreement shall not be construed as a waiver or a relinquishment thereof for the future. Any waiver must be in writing and signed by the Parties. (g) Severlbillty. In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the Parties to this Agreement, (i) such provision wUI be deemed to be restated to reflect as near1y as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining tenns, provisions, covenants and restrictions of this Agreement will remain in full force and effect. (h) No Offer. This Agreement does not constitute an offer by Adelphia and it shall not be effective unt. signed by both Parties. (I) Relation.hlp of Parties. The Parties to this Agreement are independent of each other. Neither Party is an agent, representative or employee of the other Party. Neither Party will have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement will not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party. 0) Excuse. Neither Party wil be liable for, or be considered in breach of or default under this Agreement on account of, any delay or faHure to perfonn as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable dUigence. (k) Survival. Any payment obligations accrued prior to termination or expiration, and any other provision which, by its nature or express tenns should survive. wil survive the completion, expiration. tennination or cancellation of this Agreement. (I) Amendment. No change, amendment or modification of any provision of this Agreement will be valid unless set forth in a written instrument signed by the Party subject to enforcement of such amendment, by a duly authorized offICer or employee. (m) Further AI.urlnc... Each Party wUI take such action (including, but not limited to, the execution. acknowledgment and delivery of documents) as may reasonably be requested by any other Party for the implementation or continuing perfonnance of this Agreement (n) Counterparts; Fac.lmlle. This Agreement may be executed in counterparts. each of which will be deemed an original and 11 all of which together will constitute one and the same document. This Agreement, and written amendments hereto, may be executed by facsimile. (0) Consents; Approval.. Where an activity under this Agreement shall be subject to one Party's prior consent or approval, any and all such approvals, consents shall not be unreasonably withheld or delayed. (p) Injunctive Relief. The Parties acknowledge and agree that, notwithstanding any other provisions of this Agreement, breach of the provisions of this Agreement by a Party shall cause the other Party irreparable damage for which recovery of money damages would be inadequate and that the non-breaching Party may therefore seek timely injunctive relief to protect its rights under this Agreement in addition to any and all remedies at law. (q) Condemnation. If the whole or substantially the whole of the Facilities should be taken for any public or quasi-public use, by right of eminent domain or otherwise or should be sold in lieu of condemnation, then this Agreement shall terminate as of the date when physical possession of the Facilities are taken by the condemning authority. If less than the whole of the Facilities used to provide the Adelphia Service is taken, and in Adelphia's reasonable judgment, it can no longer provide the Adelphia Service as a result of such condemnation, Adelphia may elect to terminate this Agreement and all of its obligations not yet accrued upon thirty (30) days written notice to City. (r) Force Majeure. Neither Party shall be liable to the other for any loss or damage to any property or person occasioned by act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or order of governmental body or authority or by any other cause beyond the reasonable control of either Party, except as otherwise specifically provided in this Agreement. WHEREBY, the Parties execute this Agreement as of the Effective Date. ADELPHIA CABLE PARTNERS, LP ·ADELPHIA" ADELPHIA COMMUNICATIONS CORPORATION ·CITY" 12 By By Name (Print) Name (Print) Title Title Date Date 13 EXHIBIT A 1. NAIIE AND ADDRESS OF SPECIFIED LOCATIONS Citv Hall - 100 NW I" Ave Delrav Beach FL 33444 Fire Station #2 - 35 Andrews Ave. Delrav Beach FL 33444 Fire Station #3 - 651 Linton Blvd. Delrav Beach FL 33444 Fire Station #4 - 4321 Lake Ida Rd. Delrav Beach FL 33444 Fire Station #5 - 4000 German Town. Delrav Beach FL 33444 Fire Station #6 - 3614 S Ocean Blvd. Delrav Beach FL 33444 Delrav Beach Golf Course - 2200 HilZhland Ave. Delrav Beach FL 33444 Ocean Rescue - 340 S. Ocean Blvd. Delrav Beach FL 33444 Pomoev Park - 1102 NW 2nd St. Delrav Beach FL 33444 Veterans Park- 802 NE 1 ST Teen Center - 505 SE Sib Ave Delrav Beach FL 33444 Lake View Golf Course - 1200 Dover Rd. Delrav Beach FL 33444 Delrav Swimand Tennis - 2350 Jae2er Dr. Delrav Beach FL 33444 2. SERVICE DESCRIPTION Adelphia will provide 1 Gbps of unlit digital fiber optic telecommunications transmission capacity between the following locations in a point-to-point configuration: A Location Z Location Capacity Citv Hall 100 NW lit Ave 1 Gbps Fire Station #2 35 Andrews Ave I Gbps Fire Station #3 651 Linton Blvd I Gbps Fire Station #4 4321 Lake Ida Rd. I Gbps 14 Fire Station #5 4000 Gennan Town 1 Gbps Fire Station #6 3614 S.Ocean Blvd 1 Gbps Delrav Beach Golf 2200 Highland Ave 1 Gbps Ocean Rescue 340 S.Ocean I Gbps Pomoev Park 1102 N W 2nd St 1 Gbps Veterans Park 802 NE 1 St 1 Gbps Teen Center 505 SE 5th Ave 1 Gbps Lake View Golf Course 1200 Dover Rd. 1 Gbps Delrav Swimand Tennis 2350 Jaeger Dr. I Gbps 3. PRICE SCHEDULE For the unlit digital fiber optic telecommunications capacity connection(s), described above, the amount of nine thousand seven hundred and fifty dollars ($ 9,725.00) is payable upon contract execution. The MRC amount shown below is payable every month beginning on the date thatthe City accepts the Acceptance form (Exhibit B) for such location(s), for a total of.$6.435J)~rlT1Onthfor I C;b )S.__Th~ ~itymay_ __-{ Deleted: $5,135 --- elect. on thirty (30) days prior written notice to Adelphia, to increase the capacity to 2 Gbps at any or all of the site listed below for a MRC of $MlQQ_per~it~.or inc~~ _t~_ 3_ ~~~_ for ~ t.-1RC_ ofSlì9§ßQ j>er ~ite. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ - { Deleted: 671.00 - -- -- -- - -- -- -- --- - --- -- ~-:'-- - - { Deleted: 864 ¿V~_~~_I~~~___ _____ A Location Z Location Capacity MRC NRC City Hall lºON~~Ave I Gbps $195.00 $750.00 Fire Station #2 35 Andrews Ave I Gbps $ ~95.oo $ 750.00 Fire Station #3 651 Linton Blvd I Gbps $ ~95.oo $ 750.00 Fire Station #4 4321 Lake Ida Rd. I Gbps $ ~95.oo $ 750.00 Fire Station #5 4000 Gennan Town I Gbps $ ~95.oo $ 750.00 Fire Station #6 3614 S.Ocean Blvd I Gbps $ ~95.oo $ 750.00 Delrav Beach Golf 2200 Highland Ave I Gbps $ ~95.00 $ 750.00 __-{ Deleted: 10 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 15 Ocean Rescue 340 S.Ocean 1 Gbps $19~·QO_ _ $ 750.00 Pomoev Park 1102 N W 2nd St 1 Gbps $ 19~:00_ _ $ 750.00 Veterans Park 802 NE 1 St 1 Gbps $ :\95'00__ $ 750.00 -- ------------ Teen Center 505 SE 5th Ave 1 Gbps $ :\9~:00__ $ 750.00 Lake View Golf Course 1200 Dover Rd. 1 Gbps $19~:oou $ 750.00 ------------- Delrav Swim and Tennis 2350 Jaeger Dr. 1 Gbps $ :\9~:00__ _ ~ 15O_.()O_ -- TOTAL S.kA~_~·~Q_ _ $_ _~.7~PA)Q __ ---- -- --------- - - - - - - - - - - - - - - - - - - - - - - - - - - -- -------------- - -------------- ---------------- ---------- - ------------ ------------ - - ----------- - - - - - - - - - - - -- 4. TERM. The term of the Agreement (the "Initial Term") shall be~(,2) Jears from the Effective_ Da~e. After the Initial Term, the Agreement may be renewed for additional periods upon mutual agreement (each period a "Renewal Term"), unless terminated by either Party pursuant to this Section. At the end of the Initial Term or any subsequent Renewal Term, the Agreement shall be automatically renewed for successive one-month periods unless either Party gives the other ninety (90) days prior written notice of its intent to terminate the Agreement. Such monthly renewal periods shall be upon the same terms and conditions as those contained herein,. The Initial Term, any Renewal Terms and any extension periods are referred to collectively at times in this Agreement as the "Term." 5. INSTALLATION TlMELlNE. Adelphia will provide a project tirneline at the beginning of the project giving timelines for construction and installation of the service. Adelphia will make all best and reasonable efforts to complete project installation within ninety (90) business days of contract execution and in no event longer than one hundred eighty (180) days after the Effective Date, unless such delay is due to causes beyond the control of Adelphia. If construction is not completed within the required timeframe, the City may assess Adelphia liquidated damages in the amount of $100 per day until construction is completed. 6. FUTURE SrrES. Future sites may be added to this dedicated capacity networt( for a monthly recurring charge ol!Q_!;!.L~lJndr~ _ _ _ and ninety-fIVe dollars ($1,95.00} per month_ beginning on _ the date ti1at the çity acceRts the _~~r>tan<:e fo~, p!':IS ~nr C()~t~ction costs_ associated with building and terminating fiber into the new location. Upon request for service, Adelphia will conduct a physical site survey and determine the cost of the project. Those costs will be given to City. If agreed upon, City will pay non-recurring charges before construction begins. 16 oooooo{ Deleted: 3 · . . { Deleted: 3 ooOOOO { Deleted: 3 ooOOOO { Deleted: 3 oooooo{ Deleted: 3 .-- { Deleted: 3 · . . { Deleted: S,13S · . . { Deleted: ten { Deleted: 10 ,oo . { Deleted: three ooOOOO { Deleted: 3 7. Outage Credits. Adelphia shall correct all service interruptions within forty eight (48) hours after notice from the City. Unless excused due to causes beyond the control of Adelphia. the City shall receive a credit equal to 1130111 of the monthly recurring charge (-MRC-) for all affected sites for each hour that service remains interrupted after the 48 hour cure period up to 100% of the MRC. 17 EXHIBIT B CERTIFICATE OF FINAL ACCEPTANCE In accordance with the terms and conditions of the Adelphia Commercial Service Agreement. dated _ ,2005. between ("Company") and ("Adelphia"), the undersigned Company's Representative hereby certifies: The Adelphia Service as furnished. delivered, and installed at the Specified Location(s) described below appears to confonn to the specifications and other requirements set forth for the Adelphia Service in the Agreement. as of the date this fonn is signed below. Therefore. the Certificate of Final Acceptance is granted by the Company for the Specified Location(s) described below under the terms and conditions of the Agreement. This CertifICate is being issued for the following Specified Location(s): A LOCATION Z LOCATION By Name (Print) TiUe Date 18 [I" DF DELIA' BEA[H DElRA Y BEACH F lOll I I) A t&ea:II f'iiff! 1993 2001 * Printed on Recycled Paper To: From: Date: Subject: Of< ~ MEMORANDUM 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000 David T. Harden, City Manager Mayor and City Commission Joseph M. Saffor~ance Director February 23, 2005 Final Adelphia I-Net Recommendations This memorandum will address the various issues raised regarding the I-Net Agreement, present our continued analysis of these issues, and present final staff recommendations. The following issues were raised: 1. Ensuring that the remote City sites connecting to the Adelphia 1- Net fiber optic network were not mission critical sites since there may be a potential for possible downtime in the Adelphia network based upon current DSL and cable experience in the City. 2. Concern that the 10-year time frame of the present I-Net Agreement would not be flexible enough to cover a possible increase in technology that would warrant bandwidth speeds in excess of the 3 gigabit limit imposed by the Agreement and that the costs of this technology could decrease over this period whereas the City would be paying a fixed monthly amount for a 10- year period. 3. Concern that some remote sites may not require the 1 gigabit minimum and therefore we would be spending $395.00 per month when we could be spending less on a DSL or wireless connection. The specific sites mentioned were the following: · Ocean Rescue Headquarters · Veteran's Park Senior Center · Pompey Park Recreation Center · Teen Center · Lakeview Golf Course (e-mail subject received 2/22/05) · Municipal Golf Course (e-mail subject received 2/22/05) THE EFFORT ALWAYS MATTERS qA Mission Critical Sites We discussed the issue of "mission critical sites" as they relate to the I-Net Agreement. The MIS staff considers Police Headquarters, Fire Station Headquarters, and City Hall to be the primary mission critical sites. The primary 911 dispatching operation, all confidential Police data files, and the IBM I-Series servers are located in Police Headquarters building. City Hall is the redundant backup to this system. Fire Headquarters is the location of the primary Emergency Operations Center. City Hall is the primary location of their system support. All of these sites have City-owned underground fiber optic line connections and would not be part of the I-Net Agreement with the exception of the City Hall connection to the remote sites. Remote fire stations are certainly considered important but not mission-critical since the 911 dispatching operation has several redundant ways to contact these sites (i.e. telephone, radio, printers, and computers) to dispatch manpower and equipment. Remote Parks and Recreation and golf course sites are again considered important but not mission-critical since they involve contact with citizens but they do not involve emergency operations of the City. Therefore, we can ensure that the connections of the above-mentioned remote sites to the Adelphia fiber optic network are not considered mission-critical. Ten-Year vs. Five-Year I-Net Aereement We have reviewed the issue of a 10-year agreement vs. a 5-year agreement. There has been a concern expressed that technology could advance at a higher rate than our commitment in the Agreement. In reviewing the present connections of these remote sites, we find that six (6) sites are connected by wireless which has a relative transmission speed of 10 Mbps (10 million bits per second) or less. Five (5) sites are connected by Adelphia broadband or BellSouth DSL which have a relative transmission speed of 384K (384,000 bits per second) or less. One site is not connected at all. The proposed I-Net agreement allows for speeds up to 3 gigabits (3 billion bits per second). We cannot foresee a need for our remote sites needing anywhere near 3 gigabits within the next ten years. In addition, Adelphia has stated that they are in the business of selling bandwidth and would certainly sell us additional bandwidth in the future if the need arises. 2 Secondly, another concern was that we may be committing the City to a monthly fee of $395.00 per month and, with the cost of technology constantly becoming more affordable (decreasing costs), tying ourselves to a 10-year agreement with a fixed rate may not be prudent. MIS would agree with this concern if we were committing ourselves to current market rates. However, the current market rate for a 1 gigabit fiber optic line could exceed $2,500 per month minimum and we are only paying $395.00 per month in the 10-year agreement. This rate is almost 85% less than the minimum current market rate. We feel comfortable that the future market costs will not decrease by 85% in the next 10 years. Staff, having reviewed both the 5-year and 10-year alternatives, would recommend the 10-year agreement for the following reasons: · Adelphia would propose a monthly cost of $495.00 per month for a 5- year agreement for 13 sites and $395.00 per month for a 10-year agreement. Over the first 5 years, the difference for a 5-vear af!reement would be an additional $78,000 in costs to the City. · Considering the fact that most remote sites were on dial-up modems for some 15 years, a five-year agreement is a relatively short time frame and we therefore feel that a 1-3 gigabit limit in the 10-year agreement is not restrictive and would not be exceeded. Even if we would exceed this limit, Adelphia would sell us additional bandwidth if the need arises. · The City has no assurances as to the prospective costs after 5 years if we chose a 5-year agreement. Remote Site Needs for Fiber Optic Capabilities The third area of concern was that some remote sites may not need speeds of 1 Gbps (1 gigabit per second). While MIS agrees that individual sites may not require 1 Gbps at this time, we need to remember certain overall problems and features of the entire network that we are attempting to resolve: . The City backbone infrastructure is only as strong (fast) as its weakest (slowest) linle In other words, the backbone should be viewed as a high speed superhighway with multiple lanes (1 gigabit speeds). If part of that highway has DSL speed limits (384K) or wireless speed limits (10 Mbps), it restricts the number of lanes and the overall speed limit. Weare attempting to design a 1 Gbps high speed superhighway (backbone 3 infrastructure) without restrictions to prepare for high bandwidth applications involving voice, video, and data. This would require a fiber optic connection to all City sites regardless of the individual needs at the time by those employees at that site. · The City requires an ability to backup all systems and files on a daily basis. This requirement is essential to our business interruption/business continuity disaster plan. The recovery of data when there is no backup can be extremely costly and, in some cases, the files may not be recoverable. DSL connections cannot be backed up automatically by MIS and must be done through a more manual process at each individual site through the use of tapes. This cannot be relied upon due to employee absences, inability to stop current operations, system downtime and other reasons. · The City requires the highest levels of system security throughout the entire network. This requirement again is essential to our business interruption/business continuity disaster plan. Any form of system virus, worm, or third party hacking into our network could cause a loss of data, corruption of data, or a compromise of confidential information. This is why we have firewall and system security virus updates done on a daily basis to all systems connected to our network. Those remote sites on DSL are not connected to our network and are therefore considered non-trusted when it comes to security. Wireless connections are unlicensed frequencies and therefore are susceptible to interference and are considered semi-trusted. · The City wants to have the most efficient. centralized support system in MIS. The goals and objectives of MIS include centralized Citrix MetaFrame (thin client technology) where software and data files reside on a centralized server environment and not on an individual's client workstation. In this technology, software upgrades can be updated one- time on a server and not 410 times on individual workstations (not including laptop units). At the present time files are stored on the server but software resides on individual client workstations (fat client technology). This is not efficient and certainly not cost-effective. If we reviewed individual sites, we begin to see why DSL and wireless connections are simply not working and why we need additional bandwidth: . Ocean Rescue- this site wants to implement RecTrac software, that is currently in use in other recreation centers, for the Junior lifeguard program, for various lifeguard competitions, and for the ocean mile swim but cannot due to bandwidth and downtime problems with their wireless connection. 4 · Pompey Park- this site currently uses RecTrac software for the after school program and for pool registrations. They are currently having problems with their wireless connections and only a couple of computers can access RecTrac. We cannot fully deploy RecTrac, with its picture-making abilities, because of limited bandwidth. The systems are slow and have intennittent downtime. · Veteran's Park- this site currently has RecTrac software but it is slow and experiences a lot of downtime on their wireless connection. RecTrac is needed for room rentals, shuffleboard events, Irish Dance, aerobic exercise programs, bus trips and other programs. · Teen Center- this site currently has RecTrac software but experiences problems with wireless connections that are requiring the use of two systems instead of one. This software is primarily needed for skateboard registration but can also be used for a full registration of participants and other events. · Dekay Swim and Tennis Center- in the past, this site could not be connected by DSL or wireless. Their only alternative would have been a dial-up modem. This recreation center will have registration for pool activity, tennis activity and other events in the clubhouse. · Delray Municipal Golf Course- this site is connected with BellSouth DSL. Weare experiencing several security issues at this location to include the processing of credit card transactions, external Internet e- mail, operating systems not updated with latest Microsoft security patches, no current virus protection updates (McAfee), no centralized backup. In addition, we presently utilize two servers. One server is exclusively used by the software vendor and is kept separate from our business server. The business server is utilized for internal processing only. Only one employee is able to access our network through the Internet for purchasing, e-mail, and other programs. · Lakeview Golf Course- this site is connected with an Adelphia cable modem. They experience the same problems as the main golf course in system security, backup, virus updates, e-mail, operating system updates. Both golf courses could utilize RecTrac software for registration of different activities, cash receipts and the issuance of receipts for payments. In general, all Parks & Recreation sites should be able to utilize the RecTrac software program for identification cards with pictures and the ability to receive monies and print receipts for customers. Several sites cannot utilize this program. In addition, connections to the main I-Series computers for departmental 5 budgeting, purchasing, payroll and other programs are limited due to intermittent downtime in their connections. In addition, the current figures from Adelphia show that our costs would be increased proportionately if we decrease our number of remote sites connecting to our system with fiber optic cable in either a IO-year or a 5-year agreement. Therefore, there is no financial advantage to reducing our number of sites. For example, if we reduced the number of sites from 13 to 7, the non-recurring cost would increase from $750 per site to $1,800 per site and the monthly recurring cost would change from $395 per site to $695.00 for the IO-year plan and $795.00 per site for the 5-year plan. Since Adelphia is changing both their fixed non-recurring costs and monthly costs proportionately for either a change from IO-years to 5-years or to a change in the number of sites, there is no financial reason to change our initial proposal. In other words, our best deal is to accept the original 1 O-year proposal at $395.00 per month with the $750 per site installation fee for all 13 sites. Staff Recommendation After reviewing all areas of concern expressed, MIS feels that the City should now proceed with the proposed Adelphia I-Net Agreement to take advantage of this unique one-time opportunity to upgrade our entire infrastructure backbone on a cost-effective basis for a IO-year period for the full 13 sites. This alternative will give all sites upgraded capabilities to service our customers and provide for improved system efficiencies and security. Enclosure: Proposed Adelphia I-Net Agreement Cc: Guy Buzzelli, MIS Manager Ed DelPortillo, Project Manager/LAN Susan Ruby, City Attorney Brian Shutt, Assistant City Attorney 6 Draft for Discussion Purposes Adelphia Comments ;__-:. /05 DEDICATED CAPACrrY AGREEMENT This Dedicated Capæi1y Agreement (the "Agreement") is made and entered into as of the _ day of 2005 (the "EffectIVe Date" which s hall be on or after the date of the ,,___ __-. _ _____ __~ __ __~ :..____ __ __~:.__ ___..:_ _~_ ~_ renewal of the Cable Television Franchise to Adelphia Communications Corp. or any subsidiary thereof) by and between the City of Delray Beach, Florida, a municipal corporation with its princlp8l offices located at 100 NW 1st Avenue, Delray Beach, FL 33444 rClty") and Adelphia Cable Partners, LP, a Delaware limited partnership doing business as AdeIptia Cable Cmtmunications rA~1 for itself, its stÐsi<iaries and affiliates that prOYide <igitaI iber optic telecommunicalions transmission capacity. AdeIphia and City are the parties to lIis Agreement and may be referred to indvidJalty as "Party" and cålectNeIy as "Parties.' A. AdeIphia desires to provide, and City desires to œtain and use, a specific amount d unlit c.Vtat iber <Ø: teIecommuŒations transmission capacity (the '~ia Service1 between the locations (the 1.0cati0ns1 more particularly desabed on the Service Description included In Exhöt A., which is attached and incofPOl"ated in lIis Agreement ~ this reference. B. City ækoo.vledges that it wit be responsi)Ie for pRMing aI electrOIli:s, ~ and services ~ired on its side c:I the demarcation points at the Locations in order for it to 19hr the AdeIphia faciities; the AdeIptia SeMœ is not "fir and AdeIphia makes no undertaking under this Agreement to do so as part of the ~ Service. C. The Parties æknowIedge that this DEdcated Capacity Agreement is not an Indefeasible Right d Use ("IRlf) Agreement, but is intended to pr<Mde City ~ with access to the AdeIphia SeMce for a limited time under the terms and condiIions set forI1 beb¥. IN CONSIDERATION OF n-E FOREOOING RECITALS AND FOR OTJ-ER G(X)() AND VALUABLE CONSIDERATION, THE PARTIES TO THIS AGREEMENT AGREE AS FOlLt:mS: 1. The AdeIphia ServIce, FadIIIes and Access. (a) Service and FaclItIes. Sœject to and in ~dance with the terms and condtions of this Agreement, Adelphia will provide the facilities necessary to pr<Mde City with the Ade/phta SeMœ (the "Faciities1- Provision and use d, the Ade/phIa ServICe In the SEA 14S3939v4 61093-4 (D;Wed: I :!6 --- ----- -~--- ---- --- --- - - :c~~!;~~=~~~g_~"_=~=~_~_ Dëlëtèd: a amoun1s and at the locations shall be in accordance with the teons and condtioos set forth in this Agreement. City shan have the right to use capacity on the Facilities on~ up to the amoun1s specified in Exhibit A; the A~ia Service pr<Mded under this Agreement is not "burstable: If any time City wishes to use capacity at any location in excess of the amounts specified in Exhibit A, it must place an order with Adelphia for ad<itionat capacity, which must be accepted by AdeIphia before any such usage occurs. Should Adelphia determine, through use of Ad E~ (as defined below) or othen\;se, that Citf has exceeded the capacity specified in Exfü A, AdeIptia may, at its sole dscretion, invoke 8IJf d lie terms under this Agreement. (b) CIty Use of AdeIphIa Service. City may connect iis network or faciities with the Facitities at City' sole cost, at the connecting points designated in Exhöt A. A~ shall prOlJide a ft>er connection to an AdeIphia awned and installed patch panel in the computerllelecommunications room, designated by the City in each location listed on Exfü A. City shallten be responsiJle for providing an efectronics and required equipment and servœs on its side of the demarGaiol J identified at the locaions to "Iighr the Faciities and utilize the AdeIphia ServICe for City's intended putpœeS. City shall be responsiJle for all costs to connect its ne1work or fac~rties WIth the Facilities and to "Iighf or othelWise utilize the Adelphia Service. City may use the Adelphia Service for City's business, including, but not limited to, the transport of City content n IlI",'- I[ ò! wlreles~J;:T¡'- al¡~,n::, ar,d for any lawful purpose ¡: I'·,: 1"'1 h:A"'. "'I th 31 thE' i:':t. "hall r¡'~t resell an", port!QD...Qlthe :::'~!'J-,-,--,:,f th.:., Fa':¡\/Ρ':'::, ('r:::.I.],:.,j linde/ troiS :"JI::-ement n,')/ s'ìa!1 thO' ,=/1'. ¡,·ellr"t IìJn--JG'.'emrnental use .::: ('¡:'.I'j,? dny serJlees that dllé-':'~~ìr¿.t.:. ;\11h "sr. I':"" r'le'.ld,=.d t. tjel¡:,hla. To the e.tent that the '=:IL Installs antennae ::',1 (,th",r eC1Ulr'ment t,:, "'nable th'" rW':ISIC'P "~I ,wlreless~er.l ':" ,-,u-: h ¿Jd.-J/!/·::>n31 antenn3e ':.r e?Jlc,nîen! 3n?!I n'::>I_r':" constlue,j as 3j.-Jlt¡,: nal SitE- c ['Well]"! _Î':' E· hlb!! t" :,e"tl"fì ,~, City shall take aH reasonable precautions against. and shall assume liability, subject to the terms of this Agreement, for any damage caused by the negligence of City to the Facilities a other fbers or portions of the fa:iIities or equipment used or owned by Adelphia. City shall at an times canply with an applicable laws and regulations. A~a reserves the right to terminate the Adelphia Service and'or suspend affected Adelphia Service, if Adetphia determines that City use does not conform with the requirements set forth in this Agreement or the City causes technical interference that impedes Adelphia's ablity to prOVIde Adelphia ServICe to City or others or receives notice from anyone that soch use may violate applicable laws. Ade~'s actions or inaction under this Section shall not constitute review or appr<Jlal of City's use. AdeIphia wit pnMde notice to City before tcjáng acIion under this Section. (c) AdelphIa Inspection and Audit Rights; Use of Monitoring and Bandwidth Governors. (i) City acknowtedges that AdeIphia may ad City's use of the Fdties. as further provided in this Sedion. During the term of this Agreement and for a period of three (3) years thereafter, City shaH alow AdeIphia or iIs professional acMsors aœess to and the right to examÎne, aOOt, inspect and copy its records and any doc1.Jnents and other items retated to the Adelphia Service. City shall provide 2 ( DeIet_: WiFI L 1....1te4: WiFi applications ( DeIet_: WiFi assistance to interpret such data if requested by A~ia. Such examination stal prwide AdeIptía with complete information regarding City's use of the Adelphia Service City sites s~1 be avêilable for inspection and review at any reasorØ>le time I'f representatives of Adelphia. Upon prior written notice and aœompanied by City E!ß1>loyees, Adelpha or i1s designee may enter the Locations to perform physical aud1s of City usage of the Adelphia Selvice and FacIlities No1wí1hstanding anything to the contrary, any and all auditing and monitoring of the system I'f AdeIphia shaØ be limited to the auc.iting and monitoring solely d the City's use of transmission capacity and shall not include arr¡ audting, monitoring or access by arr¡ oller means d the content of arr¡ transmissions. (ü) In addition, no more than four (4) times each year Wring the Term of this Agreement. Adelphia may request that an officer d City certify that City's usage of the Facilities and AdeIphia Service comply with the terms and condtions outfined in this Agreement, includng the capacity reslri;ions set out Í1 Exhtit A. . (üij City shall prepare, maintán and preserve all records compiled by City in connection with City's use of the Adelphia Service The records shall be retained for a minimllJ) done (1) Yeël from the termination or completion eX this Agreement (iv) City further acknowfedges that at any tine cbing ttis Agreement, wiIhout notice to City, A~ has the right, but not the obligation, to install and maintain monitoring and usage peming equipmenI (the 'Audt Eqúpmenr) on the FaciIiies used to pRJJide the A~a Service provided that such ecMment monitolS only usage of ~íty and does not I1'IOJ1OOr or record the content of any transmissions. In addtion, if required I'f Adelphia, such Audt E<M>ment may be placed on site(s) eX City at the Locations and City grcmts AdeIphia a license to instal and operate such Audt E<M>ment on 1he Locations. ArP¡ such installation eX Ad ECJipmenI on a City sites at a Locafion shaI be undertaken ~ after prior reasonable written noIi:e to Citf and ~ of the location by the City, which shaI not be unreasonabtf withheld. A City representative shall be present while the installation is takmg place (d) Pubic RIghts of Way; Access. Qty Property. Adefphia owns and qøates 1he Fdties. A~ Œknowledges that City has no obligation to assure or guarantee ~ 1he necessary connecions 10 ptÖC streets, utiites or aqacent btiIdngs that may be necessary for the provision of ~a Service to the Locations. Notwithstandng the foregoing, Q) in areas owned or controlled by City, City shall provide Adelphia access necessary for the operation of Facilities and (I) City shal cooperate WIth Adelphia, at Adelptua's expense, in obtaining any third party permils, easements or agreements necessary for Adefphia to provide Adefphia Service to City under this Agreement 2. PayInent and Revenue. 3 (8) Charges for AdeIphIa Service.. In exchange br the provision of the AdeIphia Servi:e, City shaI pay the amounts listed on Extibit A (the "'Service Charges' Except as otherwise agreed to on Exhbt A, ~a shall biB in êdfance the Servi:e Charges for all Adelphia SeMce to be provided during the ensuing calendar month. All bills for Adelphia Service provided to City by Adelphia are due within thirty (30) days of receipt If æ¡ portion ci the undsputed amounts of the payment has not been received by Adelphia forty five (45) days after the bil date, or if art)' portion of the payment is received by AdeIphia in fund; which are not írnrnedaIeIy available to Adelphia, then a late payment penalty shal be dJe AdeIphia. The late factor shaI be J¡e mæcímllß amoooI aIowabIe by law, but not more than 15 % per month or 18% annually. (bJ Taxes; CosIs. AI payments provided in this Agreement are exclusive c:I arYf sales, use, gross receipts, excise, inport or ecport value added or simílar taxes or dJties (the ï axes' As of I1e EffecWe Date of this Agreement, the Citf is tax exempt If <bing the Term of this Agreement, the City's tax exempt sta1us changes, the parties shall negotiate ín good faith an inaease ín the payments made to Adelphia to account for Taxes. 3. Fadllles Ownership. The Fæi1ies shaI be and remain the prq>erty c:I AdeIptia <bing the Term. Citf shall use reasonable care to avoid damagíng the Faciities <bing the Term and agrees not to alter, mocift, set, license, lease, assign, enclIßber, relocate, move or tamper wíth the Facilítíes except in the case of an emergency wherel4'On the City may take any actions permitted pursuant to its police powers and the authority granted by the laws of the sta1e ci Flonda City shaD not use the A~ ServIce or any Facimies In a way that violates AdeIphia's jrØests in íts tJadeI,lafks, trade names,~, or dher proprieIaIy righIs. 4. Conßdenllallty. Each party æknowIedges that Confidentiallnfonnation may be dsclosed to the other Party during the course of this Agreement. Each Party agrees thai it WIll take reasonable s1eps during the Term and for a period ci one year following expiration or termination c:I ttis Agreement, to prevent the <iØcaioo or dscIoslJe d ConfideniaIlnbrmation c:I the other Party, other than by or to its empla¡ees, agents or affiliates wíIh a specific "need 10 know" soch Confiderjaf Information. "'ConfidentiaI1nforma6on- means all busiIess or technical information of the dsdosing Party that is not generally known to the public and that derives value from not being generally known, whether such information is dscIosed orally or in writing. Confidential Information may include any software, content, documentation, fIow-d1art,1ogic dagram, design proposal, screen shot, screen shot concept, algorithm, devi:e, COOIpÍIation c:I information, method, techniqJe. or process. Notwih;tardng the foregoing, eíI1er Party may <iscIœe Confidential Information wittKd I1e consent of the other Party, to the extent such dscIosure is r.ed by law, írdJdng Rorida Statutes Ch. 119, role, regulation or goremment or court order. 4 5. ConIpIIIa with Laws and ReguIaIIons. ~ agrees to ~ with aI appicabIe IawsJ OIÓlIalIœ>J rules and regulations of æy pernmenlal entity or agency haYing jIJisdction with respect to the Fdties or the provision of the ~ Service City agrees to comply with all applicable laws, oránances, rules and regulations ct arr; pemmentaJ entity or agency having jurisdicbon with respect to the loca1ioos. City represents and warrants that its use d the AdeJphia Service and the Facifities shall comJ>ti in all material respects with appicabIe pemment codes, or<inanœs, laws, rules, regulations and reslJi:tions. 8. RepresentatIons, Warranlles and Indeamillcation. (a) Adelphla Warranties.. ~ warrants thai (i) it possesseg all authorizations, apprwaIsJ consents, icenses, permits, certificates and other righls and permissions necessary to pennit Adelphia 10 instal, operate, and dfer the ~ Servi;e at the Locations, and (ii) it currently has and win maintain property insurance and commercial general fiabiJiIy insurance in amounts specified in the City's generaIy applicable cable television oránance (bt en, Warranties.. City warrants that it is an i1corporaIed m~ity under the laws of the slate of Florida and as sœh, has the authority to enter into this agreement (e) Genenl Warranlles. Eæh party represen1s and warrants to the other party that: (i) such party has the fùl right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; 6i) the execution of this Agreement by such Party, and the performance b¡ su::h Party ct i1s obfigations and duties hereunder, do not and wi not ~ æy agreement to which SWt PCiIty is a party or b¡ which it is otherwise bound; (i) when executed and delivered b¡ SId¡ Party, this Agreement wi oonsIiIuIe the legal, valid and binding obigation ct such Party, enforceable against su::h Party in accordance with its terms; and (iv) such Party acknowledges that the other Party makes no representations, warranties or agreemen1s related to the SliJject matter hereof 1hat are not expressly proVIded for In this Agreement. (eIt No AdcItIonaI WarranIIes. NEITHER PARTY IIAIŒS ANY, AND EACH PARTY tEREBY SPECIFICAU. Y DISa.AIIS ANY, REPRESENTATIONS OR WARRAtmES, EXPRESS OR IMPLIED, REGARDING TIE ADELPtIA SERVICE OR THE FACIU11ES, INCLUDING AJfY III'LIED WARRANTY OF MERCHANTABlUJY OR FfTNESS FOR A PARTICUlAR PURPOSE OR NONINFRlNGEIIENT AM).PUED WARRANTIES ARISING FROM COURSE OF DEALIfG OR COURSE OF PERFORIIANCE.. (e) UIRIIdon on UabIIty. UNDER NO ~ANCES wu. EIDER PARTY BE LIA8LE 10 TIE 0I1tER PARTY FOR INDIRECT, lNaDENTAL, CONSEQUENTIAL, SPECIAL OR EXElIPLARY DAMAGES (EVEN F THAT PARTY HAS BEEN ADVISED 5 OF THE POSSIBILßY OF SUCH DAIIAGES), ARISING FROM BREACH OF THE AGREEIIENT, THE USE OR INABILßY TO USE THE ADELPHIA SBMCE, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEIIBfT, suat AS, BUT NOT UIITED TO, LOSS OF REVENŒ OR ANTICIPATED PROFITS OR LOST BUSINESS (ca..LECTIVEL Y, "DlSCl.AIIED DAMAGES,; PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO THE OTHER PARTY TO TIE EXTENT ANY DISClAIMED DAMAGES ARE CLAIMED BY A TtlRD PARTY AND ARE SUBJECT TO INDEIIMFICATION PURSUANT TO THIS SECTION. EXCEPr AS PROVIDED IN THIS SECTION, (I) LIABIUTY ARISING utI)ER THIS AGREEMENr WU BE LMTED TO DIŒCI', OBJECI1VELY IEASURABLE DAMAGES, AND (I) THE MAXIMUM LlABLfTY OF ONE PARTY TO TIE OTI£R PARTY FOR ANY CI.MIS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED TIE AMOUNTS PAID UNDER THE AGREEMENT. (I) IndeIIInlty. Adeþa shall defend, indemnify. seNe and hold harmless the City and iIs offI:eIs and empa¡ees from arr¡ and all third party cØms, demands. iabiies. costs or expenses, iddng reasonable attorneys' fees (1.iétiiIies1, restAng from ~'s material breæh or alleged material breæh of any drty, representation, or warranty of this Agreement. The foregoing obligation shall not apply to any sœh claim to the extent that it is based on or arises out of (a) any other technology, software or materials provided by, incorporated or dstrbJled t1¡ City heretnter. in wtich case City shalt i1demnift ~ hereunder; (b) the couDllaion, operation or use of the Faciilies with hardware, data, conIent or software not ~ by ~; or (c) mcxifitalÎolIs to I1e Faciities if the mcxificafions were not made t1¡ A~ia; (d) use c:I the Facilities in a manner not contemplated t1¡ the documentation. City shaR defend, indemnify, save and hold harmless A~a from any and all liabiities resulting from City's wilful. gross, negigen~ or criminal acts related to a material breæh c:I this Agreement to the exted permitted t1¡ law. (gJ CIaIIIIs. tf a Party entiIed to indemnificafion heretnfer (1he 1ndemniied ParV> becomes aware c:I arr¡ mailer it believes is indemnifiable hereunder invaving any claim, action, suit, investigation, arbitration or other pmceedng against the Indemnified Party t7ý any third party (each an -Action1, the Indemrvfied Party wi. give the other Party (the indemnifying Party1 prompt written notice of such Action Such notice will (i) prOlide the basis on whd1 i1demnilicafion is bei1g asserted and (ï) be accompanied by cqjes c:I all relevant pIeaci1gs, demands, and other papers related to the Action and in the pcJ 55 e !i~on of the Indemniied Party. The Indemnifying PæIy will have a period of thirty (30) days after delivery of such notice to respond. Notwi1hstandng the foregoing, the Indemnirying Party shall respond to such notice prornptt,' enough to provide the Indemnified Party a reasonable time to respond to any legal process or 10 comply with applicable law or the rules of a legal proœecing in the event thai the 1ndemrV¡ing Party elects not to defend sœh Action. tf the Indemnifying Party elects to defend the Action or does not respond wittin the reqisite period, the Jndemrifying Party wiI be digated to defend the Þdm, at its own expense, and t1¡ counsef reasonably satisfactory to the Indemnified Party. The Indemnified Party wiØ cooperate, at the expense of the Indemnifying Party, with the Indemnifying Party and its COI.JISeI in the defense and the Indemnified Party wi" have the right to partq)ate ~, at its own expense, in the defense of sœh Action. If the Indemnifying Party respond; wíIhin the required period and elects 6 not to defend stdt Action, the Indemnified Part1 wi be free, without prejudce to arr¡ of the Indemrified Part{s rights hereunder, to compromise or defend (and conbol the defense of) sœh Action. In such case, the Indemnifying Part1 wit cooperate, at its <MJl expense, with the Indemnified Party and its counsel in the defense against such Action and the Indemnifying Party will have the right to parbcipate fully, at its own expense, in the defense of such Action Any compromise or settlement of an Action win reqt.llre the prior consent of both Parties hereunder, soch consent not b be unreasonabt¡ withheld a- delayed. 1. COIllpllance..... Usage A_rleloIl5; LlqlIidIIId DaIaages. Excess Usage - AdelphIa RernedIes. Should Adelphia determine that City has used capacity on the Facilities in excess of the amounts specified for use t7¡ City in Exhibit A (*Excess Usage1. A~a shall provide notice to City requiring that such Excess Usage cease immedately. Upon receipt of such noŒe, City shaI im~ cease use of such Excess Usage. After the City's ~t of such notice, AdeIptia may take the foIowing action: (a) Not less than thirty (30) days following the notice in 6) above, and if the City has not ceased the Excess Usage, AdeIphia may invoice City for liquidated damages for the Excess Usage. The Parties agree that any Excess Usage t7¡ City may cause Iœs and damage to AdeIptia, the amolI1ts c:I wtich wil be extremely difficult or imposs~ to measure. Therefore, the Parties agree that if such excess usage is not the s" of a dispute and the rate for soch actual Excess Usage shan be no more than two (2) times the rate that Adelphia charges to the City under the terms of this Agreement The Parties understand and agree that the terms of this Section 7(aXï) describe liquidated damages that City shaR pay to A~ as a result of the Excess Usage t7¡ City and do rØ constiIute a penalty. (b) In the alternaWe, Adelphia may 1emJinate the Agreement for material breach. 8. Term and TennInaIon. (a) Term. The term of this Agreement shall be as set forth in Exhibit A (b) Termination for Breach. This Agreement may be terminated t7¡ either Party prior b its expiraion if arr¡ of the foIowing events of default occurs· (i) the other Party materially fails to perfmn or ~ with this Agreemem or arr¡ provision hereof; (ii) the other 7 Party becomes insolvent or mils in writing its inabifity to pay its debts as they mature, or makes an assignment for the benefit of credtolS; or ~ï) a petition under arr¡ banknØ;y act, reaWership statute, or the Ji(e, as they 00« ecist, or as they may be amended, is filed by the other Party; or if such a petition is fded by æ¡ third party, or an application for a receiver of the other Party is made by artýone and such petition or application is not resolved favorably to such PæIy within sixty (60) days A non-defauffing Party may terminate the Agreement under (i) aba/e thirty (30) days after written notice c:I termination dearly itIed "NoŒe of DefauIf' and referencing this contract is given by the non-defaulting Party to the defautIing Party and the defautting Party's defaUIs have not been CtJ"ed wittin such thirty (30) day period. T ennination under (ü) and (iii) above shall be effecWe ~ notœ. The rights and remedes provided in this Section shall not be exclusive and are in addition to any other rights and remedes provided by law or this Agreement. In the event a non-defaultmg Party in Its discretion elects not to terminate ttis Agreement, such election shari not be a waiver of 8lPJ and at cIains of that Party for such default(s). Further, the non-defaulting Party may elect to leéPie this AgreemenI in ill force and effect and to insitde legal action against the defatJting Party for specific perfonnance and'or dclnages suffered by such pæty as a result c:I the default(s). c) Early Termination Uabllty. In the event this Agreement is terminated <iJe to breach of this Agreement by City, City shall be obligated to pay, in addtion to arr¡ ~ accrued liabilities under this AgreemenI, an eart¡ tennirØion fee as set forth below. T erminaion <bing the first three (3) years - 100% c:I rnonIHy recurring charge for balance of ten (10) year temJ Termination wring year 4 - 70% of monthly recllTÏng charge for btjanœ of ten (10) year term Termination wring year 5 - 60% of monthly recllTÏng charge for btjanœ of ten (10) year term Termination <bing year 6 - 50% of monthtf rectlring charge for balance of ten (10) year term T erminaion during year 7 - m of monthtf recurring charge for balance of ten (10) year term Termination <bing year 8 - 30% of monthly recllTÏng charge for balance of ten (10) year term Termination wring year 9 - 20% of monthly recumng charge for balance of ten (10) year term T erminaion <bing year 10 -10% of monthtf recurring charge for balance of ten (10) year term City shal pay arr¡ E~ T eminaion liabHy, to be pad monthtf as if contJact was stil in elecl ~Dtcødtl9l1e aba/e, in the event Adelphia's Cable FranchISe with the City is terminated by ~ wring the term of this Agreement, the City shall have the ri{t1t to termInate this Agreement ~ thirty (30) days notice to AdeIphia with no liability. (d) R8bn of Information. ~ the expil3ion or termination of tis Aweement. each Party wiI, ~ the written Ie(JJe5t of the other Party, retum or destroy (at the option of the Party reœNing fie recJJeSt) aI ContideniaIlnfomtalion, dnJneœ, manuals and other materials specified by the other Party tness retention of such materials is required by applicable federal, state or local law or regulation 9. NoIces. Any notice, approval, ~, consent. authorizatioh, <irecion or otter commurication under this Agreement (except routine q>eralional canmll1ÍCatÍonS or where dherwise speciied) wi be ~ in writing and wiI be deemed to have been delivered and 8 given for aN purposes (i) on the deIivety date if deWered by confirmed facsinile; (ï) on the deWery date if delivered personally 10 the Party to whom the same is directed; (ïij one business day after deposit wilt a commercial overnight carrier, with written verificaIion d r~t; or (iv) five business days after the mailing date, if sent by U.S. mail, return receipt re<JJeSted, postage and charges prepaid, or any other means of rapid mail delivel}' for which a receipt is available In the case of notœ to AdeIptia, sœh ndi;e shall be proiided to: Attention: Legal Department Adelphia Cable Commul1ICations 5619 DTC Parkwa'f Greenwood Vdlage, CO 00111 Forward Copies to: Attention: SVP d Operations AdeIphia Cable Communications 1100 NorttØd Pmkway, Stife 100 West Palm Beach, Fl33407 Forward Copies to: Attention: Director of Commercial Data AdelphJa Commumcattons 1 North Main Street Coudersport, PA 16915 In the case of City, such notice shaH be provided to. David Harden, City Manager City of Delray Beæh 100 t-IN 1st Avenue Delray Beach, FL 33444 With a copy to: Susan Rlbt, City Attorney 9 City of Dekay 8Eø:h 100 NE ~Avenue Delray Beach, FL 33444 10. Intellectual Property. Each Party retains allnIeIIectuaI Property Rights in an d its property, incIu<ing, but not limited to trade names, trademart<s, service mart<s, symbols, identifiers, fonnats, designs, devices, identifiers, or proprietary ProWcts, seMces and Information owned t7j each Party 11. Miscellaneous.. (3) Governing Law. This Agreement shal be governed ~ the laws of the United States of America and the State of Ronda without regard to Florida's conflict of laws principles and each Party to this Agreement submits to the exclusive jurisdiction of, the state and federal courts sitting in Palm Beæh County, Fl and each Party WéÍVes art{ joosŒtiollal, venue, or inconvenient forum objections to such courts (b) EntIre Agreement This Agreement is the entire agreement between the Parties and is not intended to confer and does not confer any rights or remedies upon any person or entity other than the Parties to this Agreement. This Agreement sets forth the entire understandng and agreement of the Paries cOllœming the sOO¡ect matter hereof and s~ aI prior or contemporaneous understandngs or agreements retated thereto. (c) AssIgnment. Adelphia may assign this Agreement to arr¡ successor in interest to AdeIphia's cable television franchise agreement with the City as appr~ed ~ the City, in whole, upon written notice to City Adelphia may assign this Agreement to an unaffiliated party that is not a Sll:CE!SSOl' in interest to the cable televísion franctise agreement only with the prior written consent of the City, which shal not be unr~ wiIhheId. City may assign ttis Agreement ~ with the prior wriIten appI"(Mi d ~, which shall not be unr~ withheld. (d) Transfer œ AdelphIa Service. The A~ Setvice is solely provided for use t7j City. City may not transfer the A~ia Service to another person or location without A~'s prior wñtten consent. 10 (_) Rellledles. Except where oIhenvise speciied, the righ1s and remeáes granted 10 a ~ under this Agreement are cumulative and in êrlition 10, and not in lieu of, aJP.j other rights or remedes which the ~ may possess at taw or in equity. (It No Implied Waiver. The faiure of a Party to insist at arr¡ tine upon the strict performance of arr¡ covenant or agreement herein or to exercise any option, right, power of remedy contained in this Agreement shall not be construed as a waiver or a refinquishment thereof for the future. ArP¡ WéWer must be in wriing and signed ~ lie Parties. (g) Severabllty. In the event that any prcNision of this Agreement confticts with the law under which this Agreement is to be construed or if any such provision is held invaid by a court with jurisdction CNer the Parties to this Agreement, (i) such provisIon Will be deemed to be restated to reftecl as ~ as possible the original intenions of the Parties in aa:ordance with applicable law, and (ii) the remaining terms, pr<wisions, rofenanls and resIrclons of this Agreement wi remain in .. force and etfecI. (h) No Offer. This Agreement does not constitute an offer by AdePhia and it shaD not be effective until signed by both Parties (I) RelatIonship ci Paries. The Parties 10 this AgreemenI are independent of each other. Neither ~ is an agent, representative or employee of the other Party. Neither Party wilt tøve æ¡ right, power or authority to enter no arr¡ agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement wi. not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liabiity attributable to such a relationship upon either Party. (D Excœe. Neither Party wiI be table for, or be considered in ~each of or default under this AgreemenI on account d, any delay or fcilure to perform as required by this Agreement as a resUl of arPJ causes or condIions which are beyond such Party's reasonable control and which such Party is unable to CNercome by the exercise of reasonable dfigence (k) Survival. Any payment obigaions accrued prior 10 lennination or expiraton, and arr¡ OM pr<Msion wtich, by its nature or express terms should SUMJe, will survive the compIeion, expil3im, termination or cancellation of this Agreement. (I) AD*lClment. No change, arnerrlnent or mocification of any provision of this Agreement will be valid unless set forth in a written instrument signed by the Party Slbject to enforcement of such aTlendnent, by a <i.JIy authorized offœr or empl<7fee 11 (m) Further Assurances. EcdI Party will take sœh æfion ~ncltdng, but not linited to, the execution, acknowledgment and delivery of documenls) as may reasonably be requested by any other Party for the inpIementalion or continuing performance of this Agreement (n) Counterparts; Facsimile. Ttis Agreement may be executed in counterparts, each of which wiD be deemed an original and all of which together wiH constitute one and the same document This AgreerneÆ, and written êI11eI1dmenIs hereto, may be executed by facsimile. (0) Consents; Approvals. Where an activity under this Agreement shall be slbject to one Party's prior consent or approval, any and all soch apprwals, consenls shaH not be unreasonably withheld or delayed. (p) I~undlve Relief. The Parties acknowfedge and agree thai, notwiIhstandng any other pItNisions of this Agreement, breach of the provisions of this Agreement ~ a Party shal cause the other Party irreparable damage for which recovery of money damages would be inadequate and that the non-breaching Party may therefore seek finely iilunctive relief to protect its rights under this Agreement in addition to any and all remedes at law (q) Condemnation. If the whole or SlŒtania~ the whole of I1e Faciiies should be taken for any pœIi: or quasi-ptlJlic use, by right of eminent domain or otherwise or should be sold in fleU rI condemnation, then this Agreemenl std terminate as rI the date when physical possession of the Facifities are taken ~ the condemning authority. If less than the whole of the Facilities used to provide the Adelphia Service is taken, and in ~ia's reasonable judgment, i1 can no longer provide the ~hia Service as a resuR of such condemnation, A~ia may elect to terminate this Agreement and aI d its obigations not yet accrued ~ 1hirti (30) days written notice to City. (r) Force Majeure. Neither Party shall be liable to the other for any loss or damage to any property or person occasioned ~ act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or order of governmental body or authority or by any other cause beyond the reasonable control d either ParIy, except as oIherwise ~ provided in lis Agreement. WHEREBY, the Parties execute this Agreement as rI the Effective Date. 12 ADELPHIA CABlE PARTNERS, LP -ADELPtlA- ADELPHIA ~tlCATIOHS CORPORA11ON -arr By By Name (Print) Name (Print) Title Title Date Date 13 EXHBT A 1. NAME AND ADDRESS OF SPECIFIED LOCATIONS City Hall- 100 NW lilt Ave Delrav Beach FL33444 Fire Station #2 - 35 Andrews Ave. Delrav Beach FL 33444 Fire Station #3 - 651 Linton Blvd Delrav Beach FL 33444 Fire Station #4 - 4321 Lake Ida Rd Delrav Beach FL 33444 Fire Station #5 - 4000 German Town. Delrav Beach FL 33444 Fire Station #6 - 3614 S Ocean Bhd. Dekav Beach FL 33444 Delrav Beach Golf Course - 2200 Hiehland Ave. Dekav Beach FL 33444 Ocean Rescue - 340 S. Ocean Blvd Dekav Beach FL 33444 Pomoev Park - 1102 NW 'r' St Delrav Beach FL 33444 Veterans Park - 802 NE 1 ST Teen Center - 50S SE 5th Ave Delrav Beach FL 33444 Lake View Golf Course - 1200 Dover Rd Delrav Beach FL 33444 Dekav Swimand Tennis - 2350 Jaœer Dr. Dekav Beach FL 33444 2. SERVICE DESCRIPTION Adelphia will provide 1 Gbps of unfit <igítal fiber optic telecommunications transmission capæity between the foRowing locations in a point-to-pånt configuration: A Location Z Location Capacity City Hall looNW lilt Ave 1 Gbps Fire Station #2 35 Andrews Ave 1 Gbps Fire Station #3 651 Linton Blvd 1 Gbps Fire Station #4 4321 Lake Ida Rd 1 Gbps 14 ----~---- ---------------~- ----- , Deleted: Welt Senior Cente" - -----~----~-------- --- - Fire Station #S 4000 German Town 1 Gbps Fire Station #6 3614 S.Ocean Blvd 1 Gbps Delrav Beach Golf 2200 Highland Ave 1 Gbps Ocean Rescue 340 S.Ocean 1 Gbps Pompey Park l102NWrSt 1 Gbps Veterans Park 802 NE 1 St 1 Gbps Teen Center SOS SE Sth Ave 1 Gbps Lake View Golf Course 1200 Dover Rd 1 Gbps Delrav Swimand Tennis 23S0 Jaeger Dr. 1 Gbps " " 3. PRICE SctEDUlE For the unlit dgital fiber optic telecommunications capacity connection(s), descriJed above, the amount d nine thousand seven hundred and fifty dollars ($ 9,725 00) is payable upon contJact execution. The MRC amount shown below is payable fNefY month beginning on the date that the City accepts the Acceptance fonn (Exhibit B) for such Iocation(s), for a total of $5, 135 per month for I Q)ps. The City may elect, on thirty (æ) days prior written notice to~, to increase the capæity to 2 Q)ps at arPJ or at of f)e site listed below for a MRC of $671.00 per sile, or increase to 3 ~ for a ~ of $864.00 per site. 10 Year Tenn A Location. Z LocaticJa e.p~· MRC NRC City Hall lQO NE 2nd Aye IGbps $ 395.00 $750.00 Fire Station #2 3S Andrews Ave IGbps $ 395.00 $ 750.00 Fire Station #3 651 Linton Blvd 1 Gbps $ 395.00 $ 750.00 Fire Station #4 4321 Lake Ida Rd 1 Gbps $ 395.00 $ 750.00 Fire Station #5 4000 German Town 1 Gbps $ 395.00 $ 750.00 Fire Station #6 3614 S.Ocean Blvd 1 Gbps $ 395.00 $ 750.00 Delrav Beach Golf 2200 Highland Ave IGbps $ 395.00 $ 750.00 15 ~ - ---- - - -----~----------- - - -- ... 'o~~-= 1 GbP":!~~~==="", . ~"'_=-~~t ~~~<:'~~___.__ __nn Ocean Rescue 340 S.Ocean 1 Gbps $ 39S.00 $ 7S0.00 Pompey Park 1102 N W rd St 1 Gbps $ 39S.00 $ 7S0.00 Veterans Park. 802NE 1 St 1 Gbps $ 39S.00 $ 7S0.00 Teen Center SOS SE Sth Ave 1 Gbps $ 39S.00 $ 7S0.00 Lake View Golf Course 1200 Dover Rd 1 Gbps $ 39S.00 $ 7S0.00 Delrav Swim and Termis 2350 Jaeger Dr. 1 Gbps $ 39S.00 $ 7S0.00 y y . TOTAL $ S,13S.oo $ 9,750.00 4. TERM. The term of the Agreement (the "Initial T erm1 shal be ten (10) years from the Effective Date. After the Initial Term, the Agreement may be renewed for additional periods upon mutual agreement (each period a "Renewal T erm1, unless terminated by either Party pursuant to this Section At the end of the Initial Termor any subsequent Renewal Term, the Agreement shall be automatJcaUy renewed for successive one-month periods unless either Party gives the other....-...:...:.::.. CO) days prior written notice of Its intent to terminate the Agreement. Such monthly renewal periods shall be upon the same terms and conditions as those contained herein,. The Initial Term, any Renewal Terms and any extension periods are referred to collectively at times in this Agreement as the ï erm " 5. INSTALlATION T1I1B..JNE. ~ wil prcMde a project timeIine at the beginning of the project gMng timelines for constndon and installation of the service. AdeIphia wiI make al best and reasonable effoJ1s to complete project instalafion wilhin ninety (90) business days of contract execution anj llì n·:· ,::-,ent ':'IìJer than c,n,,:, hUJi.jred eloht. ,1::('\ ·ja\" aft.::-r the Effectl.'e [iate unless ".ld-, delav IS jue tn rauc;.::-: L-,e. (',n.] the ,:'c,ntr,-, c·f ~de!~·hla. If C':;Jistructì0'ì IS n:·t ~rnrletec Althln thE¿jequlle,j tlrneframe the '=It. lrIa, asses:: A,delphla 11,~uidated dallìc1'JeS In the amount of :,1':":' Pi?I d}, untl!:::cmtructlon IS ccmcleted 8 FUTURE SfTES. Future sites may be added to this dedicated capacity network for a monthly recurring charge of three hundred and ninety-five dollars ($ 395 (0) per month beginning on the date that the City accepts the Acceptance form, plus any construction costs associated with builcing and terminating fÐer into the new 1ocaIion. Upon recp!St for selVœ, AdeIphia win conOOct a ~ site survey and determine the cost of the project. Thœe cosIs wil be gNen to City. If agreed ~. City wi pay l'IOtHecurring charges betJre construction begins. 16 ----~-----------~---- ------ ~~~~~~--~=~._c< )c~: IGbps1_~==_=~~___" . Deleted: $ -:'50 c:I01 ~~----~--------- ---------- ~~: t~~_==~~c==~==-c __ Deleted: 3 - ------ ------ ---- ------ ---- J. Out~Ç~~ºi~~i[hi:'J :::hal1 :','H",,:t all SE'r,lce IIllfífuctl'XiS,'.lthlfì forL ",1,]1',1 ,40, h'::W3 afte n,:;!!::-:? fr,:::,rr, the '-::::t. !'nle::= ",-,:·cu::;edrjL~~!Q~~J.!J.;:"~'~0Jthe :_::::D!i~L,:>1 :.....1:Irh1llb<'- 'IL~~I! if':;:"I.e a ::ie~:J!1£llJal t,::, 1,~1,~" cí the rli,::,nlh!, le~urr:iìJ=h,:w!E: ¡ k1Ri-::: \ for all aftect,.o.j :,IIes kl ea:-h ¡'·::>lII thaI <Ofr.lce IE:IllJln3 Interiu[,ted after Ihe 4f h':;cH cure [',,,,11':)0 u~' Ie, b'¡ê'" ~,f In;::. r,1¡::~ 17 I FonnatbHl: Font: Bold i Fo~: Superscript EXHIBIT B CERTIFICATE OF FINAL ACCEPTANCE In accordance With the terms and conditions of the Adelphla Commercial Service Agreement, dated _ ,2005, between ("CompanYl and ("Adelphial, the undersigned Company's RepresentatIVe hereby cef1ifies: The Adelphia SelVice as furnished, delivered, and installed at the Specified Location{s) described below appears to conform to the specifications and other requirements set forth for the Adelphia SelVice in the Agreement, as of the date this form is sIgned below Therefore, the Certificate of Final Acceptance is granted tJ¡ the Company for the Specified Location(s} described below under the terms and condtions of the Agreement. This Certificate is being issued for the following Specified Lœation(s): A LOCATION Z LOCATION By Name (Print) Title Date 18 CITY COMMISSION DOCUMENTATION ~ II THRU: DYJß a.:1'R PAUL DORlING, DIR OR OF PLANNING AND ZONING TO: FROM: JEFFREY A. COSTEl 0, ASSISTANT PLANNING DIRECTQ SUBJECT: MEETING OF MARCH 1, 2005 CONSIDERATION OF A WAIVER TO LDR SECTION 6.1.4(C)(2) ASSOCIATED WITH A PROPOSAL TO INCREASE THE WIDTH OF A DRIVEWAY AT 3725 lONE PINE ROAD. BACKGROUND/WAIVER ANALYSIS The subject property is located on the north side of Lone Pine Road, approximately 1,100 feet west of Davis Road, and is zoned RR (Rural Residential). The one (1) acre property contains an existing single family house with an 11' wide driveway. The applicant owns a large recreational vehicle/motor home and wishes to increase the width of the driveway to provide adequate maneuvering area/turning radius for the vehicle to enter and exit the property from Lone Pine Road. The driveway apron will then taper 40' from Lone Pine Road to the existing 11' driveway. The pad for the vehicle will be located to the rear of the property. Pursuant to LDR Section 6.1.4(C)(2)(Driveways and Points of Access - Maximum Width), exceptions to the normal 24' width may be granted for: (a) Points of ingress and egress to gasoline stations up to a maximum width of thirty-six feet (36'); (b) Controlled access points into a shopping center may have a width greater than 24' when such width is necessary to handle the volume of traffic at the point of access; The need for such width shall be demonstrated through a traffic study; (c) Points of egress for Fire Stations and similar facilities which require ample maneuvering area. It is noted the above regulation prohibits "curb-cuts" greater than 24' and will, thus, not accommodate the practice of vehicles backing from the parking area of duplexes into adjacent streets, except from a 24' wide driveway. In order to accommodate the necessary area to maneuver the vehicle onto the property, a waiver to the above regulation is necessary. The existing driveway apron is 18' wide and the applicant has requested a waiver to this requirement to increase the width of the driveway by 14' on each side for a total of 46' (see attached request letter). Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Lone Pine Road is an 18' wide private road within a 60' road easement. As the width of Lone Pine Road is less than the typical street width (24') the limited maneuverability for the vehicle is 9B City Commission Documentation Meeting of March 1, 2005 3725 Lone Pine Road - Waiver Request to Increase Driveway Width Page 2 compounded. The properties along Lone Pine Road are generally one (1) acre lots with a width of 181 '. Thus, the proposed driveway will only occupy 25% of the properties frontage. This is less than 36%) for a (18' wide two-car driveway) on an average 50' wide lot in Planned Residential Developments and properties zoned R-1-A. Further, the driveway apron will be set back approximately 20' from the abutting property to the west and will not adversely affect the neighboring property. Given the size and width of the subject property as well as the adjacent properties, the increase in width can be supported. It is noted that if Lone Pine Road was a dedicated right-of-way, the driveway width would technically be measured at the property line or in this case from the north side of the easement. At this point the driveway width would be 30' as proposed, thus resulting in an increase of only 6' from the 24' maximum currently permitted. The City Engineer and Development Services Management Group (DSMG) reviewed and supported the request. The proposed waiver will not result in the creation of an unsafe situation, or affect the delivery of public services, and the waiver will not result in a special privilege as a similar waiver would be granted in similar circumstances. Thus, positive findings with respect to LDR Section 2.4.7(8) (5) can be made. RECOMMENDED ACTION Move approval of the request for waiver to LDR Section 6.1.4(C) (2) to increase the driveway width (maximum of 46') for 3725 Lone Pine Road, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8) (5) of the Land Development Regulations. Attachments: Location Map, Request Letter & Survey CANAL = ~ N.W. t>¡¡ -c:(- -I- - --~ _ N I~ï--==] ¡.....K=~= 0 ~ lli /- Pr1~ O-(J...---tTEI EI~.I_~N'W'~ ------\ RI~ER~ ('. R r. ~ ~;r 0 \-1· _J 0 DRIVE ( .. ~ CD 1/ (R A T ''I I I M r. ï-\-J / I 1,\ ' == Z ~ ~J K____ ~ I I' / II III I ~ == ~ h r N W 15TH 5T ....... f.L-.,. 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It f- ~ N.W. -. - --.J I-- ~ I----- ~ _ ~ Z I-- Z c:( _ ~ C/Ir t---- z 0'....., -¡.. ~ - ~~ ð I-- ~ ~- D ~ D D ~ D D Cl.ê Sot;-... 1 1- ''*-\ ~I- -f, e--_ - - ~- lul~1t ~1 - .~ '--- --.. f-- - rr) c- S D D D ~ D rl· ~ 1. ~ - ~ O¡E" . ~ - I--- -~ ~- D I") ~ I D D~ ~ ~ ~ z ~~ ~~ =D~~ 1NzW liT :T~B 67~~~6~ööo~B 1 ~ \ ;'w7~Y(- ~r\ ~ LAKE IDA ROAD ,r Tl 111 I I ') r f-...:- u f- == c LONE L-30 ~RX , I k--- PINE .... : f-c:(_ w ~ f- _ N CITY OF DELRAY BEACH, FL PLANNING c!c ZONING DEPARTMENT 3725 LONE PINE ROAD 12-43-46-07 -00-000-3220 - - OIGITAL BASE MAP SYSTEM -- MAP REF: LM819 ROBERT P. COSTIN 362 N.E. 5th Avenue Delray Beach, Florida 33483 February 6,2004 Delray Beach City Commission 100 N.E. 1st Avenue Delray Beach, FL 33444 Subject: Waiver to L.D.R. Sec. 2.4.7. (A) (5) (a) Dear Commissioners: I am respectfully requesting a waiver to the aforementioned L.D.R., to accommodate the entry and egress of my large motorhome to my soon-to-be new home located at 3725 Lone Pine Road, Delray Beach, Florida. I am presently in the planning process of constructing an R. V. pad to the rear of my property. In order for me to park the motorhome, it will be necessary for me to "back" the motorhome into the driveway to access the parking pad to the rear of the property. In so doing, I must drive the R.V. beyond my driveway and back onto the pad. The problem is that Lone Pine Road, which is a private road, is substandard and the roadway is only 16.6 feet in width at this point, thereby preventing me from utilizing the far left side of the road to gain a proper turning angle and radius to back the motorhome onto the driveway without encroaching onto private property and damaging neighbors' lawn in the process. The only viable solution is to request the waiver which would allow me to extend the entrance apron to my driveway a total distance of 14 feet on either side which would then afford me the necessary turning radius for safe ingress and egress onto the property -- without damaging my neighbor's private property. The entrance apron is currently 18 feet at its widest point where it meets the road. Extending the apron 14 feet on either side would total 46 feet at the road and tapering back at an angle to the driveway. Attached I have included a copy of the property survey which shows the requested change. Your positive consideration of the request would be greatly appreciated. Sincerely, /~~ 7~ RECEIVED FEB 0 7 ?005 PLA;-¡ '~,:;f'JG & ZONING Robert P. Costin ~ - ---- ----------------------L-~~;_~-NW V:-CTSCC-~/46/4~----------------------- --- --- - ---- -------------- -- ------~~~~----- ------------------ b ~ LAKE WORTH DRANAGE DISTRICT LA TERAL CANAL NO. 30 RIGHT OF WA Y ì ~ii ~~~ 18100' // PCI.C JIfTH NOOl ~~~: /'" 0<)., õo ::1 ~ =t 1J07.lXT --------- --------\- ---------- -----~------ :/4!T ~ ¡~ () I I ;:....i~ '" .. ~ :1 .Ja,5' II! (¡VoSS ~ SCRCCN ENCLCIISED PCIlCH J/14' ,.LÇ --J lu <...> 0::: "'( Q 1 STŒY R£SD£NŒ !Io /3725 ~ .LLÇ CO>ÐiEV CXJ#C .59-!T èii ~ ~~ ~'- ... 12 lu ,. J <...> ~ ~ 0::: '" C> "'( Q _1---- :JU ROAD EASDENT (PUllNICcaaD I\A 1) --- tOl1H LIE OF P/IRCCL N ---- :JU lION) EASDENT1 (PUI1Ni£CG1OIE PlA T) --------- ------- PARCEL N b :::: 1/ ~i ê~~ I I I I I I i¡ I tos~ I I¡ ~ ~a ~ I II ~ IiI I~ I ~ >- Ii! ~ ¡~~~ ~~~~ ~ k!~~ã V) ~~~~ >- i~;~ Q:: ~~[; ~ !~i§ ~ ~~~¡¡¡ ::::> ~ :t ~ ~ C> ~~~~ Q) ~~~! ~ ~¡h Q. ~~h "'C ~~ ~ ~ ~!ií=~ ~~d ~ ~ ~ ~ § u ~ II ~ - ~ Q -----------l , I I I I QI ",' ~I ~~ I tos;:::' ~I ~~ ~ ~~ --'''' ",' Q , t , I I I ~ ---J lu <...> 0::: "'( Q- ~I ~:f I~i ~w! '-&! I~¡ ~Ii i~~ '-5 ...~ ~ ~~ ~.. Q"!II;~ ,c;;.. S&;!~ !,.a.J .., ~ë5 I Q: :a ~;e Ç[) <~õ:: à §g-~ ~~ii~ ~ ~§t~Z f5~"'!t!~~ ¡....:V)a ;¡;i :::::::~~15 ~ --''OC(~1l:;ir V).....~i!§;e <:.' lj ~~ ~ !:!J :s § ~ 0:: ~_ ~ ~~ C> '" ~ ~ . I ~ ~ i ¡ i 8:~ "'~ !:ac ~g¡ ~ ð <0 ~ ~~~ ~~~ i...~ ~;~ ~Q~ §~~ ~QÌ1\ ~~~ ~~~ i~i~ ~~cf ~~d~ t.i ~...."'~ ~ ~~~è§ ~ ~ ~ " §t; ~~ N~ ~~ ~~ ~ Qã bj", ~ >- ... 2 :::> Q ~ ~ ~ c €!. . !;( I I ~ § I ii ~§ 8~ ¡gð \;;~ ~~Ii ~~ ð~~ ...~8 E!~ð ........jti ~~~ ...,j!:--' i!:§~ §~~ ~ð~ ð"'~ "'E!~ ~ It: ~~~ ~a~ § ~~~ ~ ~~~ ~ ~ð~ ~ i ... .. ~ ~ ! ~ I 8 @ CITY COMMISSION DOCUMENTATION: TO: DAV~DE CI THRU: pV- ~R~RE R OF PLANNING & ZONING FROM: ~O~RONSON, PA KING MANAGEMENT SPECIALIST SUBJECT: MEETING OF MARCH 1,2005 - REGULAR AGENDA REVIEW A REQUEST FROM CAFFE LUNA ROSA TO LEASE PARKING SPACES IN THE GLEASON STREET, SANDOWAY AND INGRAHAM PARKING LOTS BACKGROUND AND ANALYSIS: ~ II Caffe Luna Rosa has held a Parking License Agreement with the City to operate a four (4) space valet queue on the south side of Atlantic Avenue just west of Ocean Boulevard (SR A 1A) since 1999. The queue's operating hours are 11 :00 AM through 2:00 AM seven days per week. It is these operating hours that create challenges for this queue unlike other queues in the Downtown area. Being located east of the Intracoastal Waterway, a considerably smaller business district, limits the number of available parking lots to lease from neighboring businesses as they are needed to provide parking to their patrons and guests. Additionally, the queue's close proximity to the beach provides valet parking to a number of beach goers who enjoy the convenience of valet parking. The owner of Caffe Luna Rosa, Fran Marincola, has requested to lease 40 spaces at the City's Sandoway and Ingraham lots as well as the Gleason Street Lot which the City leases from the First Presbyterian Church (see attached). The City owned lots at Sandoway and Ingraham appear to have significant capacity and lower utilization rates necessary to accommodate this request. The Gleason Lot is subject to a lease agreement. Section 13 of the lease agreement with the Church contains a provision allowing the City to lease space in the lot to valet companies to help alleviate the parking shortage in the area. The Lot would not be available to the valet pursuant to Section 7 of the agreement which gives the Church exclusive rights to the use of the lot on Sundays from 6:00 AM to 2:00 PM and holidays (Christmas Eve, Christmas Day, Good Friday, Easter and Maundy Thursday). Additionally, with proper notice, the Church has exclusive rights to the lot for Church Events (Funerals, Weddings, Fundraisers, etc.). There is a far greater utilization of this 38 space lot by the public and if approval is recommended the spaces available for the valet in this lot should not exceed 25%) of the total spaces or 9 spaces. Given the limited number of spaces in Ingraham Lot (38 metered) the 250/0 (9 spaces) limit should also be applied. The Sandoway Lot would be used to accommodate the balance, up to 22 spaces, leased to the Restaurant. On Sundays and during the aforementioned holidays and special events the entire 40 spaces will be accommodated in the Ingraham and Sandoway Lots only. In all cases these 40 spaces shall not be reserved or blocked in any fashion and will remain available to all on a first come first serve basis. If the lots were fully utilized the valet would be unable to use the leased spaces until they become available. Additionally, attached for your review (provided by Mr. Marincola) is a random sampling of available spaces in the Gleason, Sandoway and Ingraham Lots taken February 3rd through 5th, 2005. It is noted that the Church had a special event request for the use of the lot on Friday <=\C- City Commission Staff Report Request From Caffe Luna Rosa To Lease Parking Spaces Page 2 and Saturday February 4th and 5th which accounts for the limited number of spaces available. The sampling shows an ample number of parking spaces available in the three lots to accommodate the request. Staff is proposing to charge Mr. Marincola a rate of $30.00 per space per month (City's cost per space at the Gleason Lot). The valet company would be issued the approved number of dashboard passes to enable the Parking Enforcement Specialists to identify them so as to not issue citations for expired meters. Spaces in all of the lots are not to be coned off or reserved in any other fashion. The president of the Beach Property Owners Association (BPOA), Bob Victorin, appeared before the PMAB in support of the request with the condition that the closing time of the lot would not be extended past the current 8:00 PM and that no cars arriving at the queue will be parked in Sandoway or Ingraham Lot after 5:00 PM. REVIEW BY OTHERS: The Development Services Management Group (DSMG) supported the request contingent upon the support of the BPOA. The Parking Management Advisory Board, at their meeting of February 22, 2005 supported the applicant's request with the spaces allocated for a maximum of 9 cars at Gleason and Ingraham Lots and the reminder (22) at Sandoway Lot. RECOMMENDED ACTION: By motion, approve the request form Caffe Luna Rosa to lease 40 spaces at a rate of $30.00 per space per month limited to a maximum of 9 spaces in the Gleason Street and Ingraham Lots with the remaining 22 spaces in the Sandoway Lot and directing Staff to draft the agreement and create the dashboard passes to be presented for approval at the City Commission meeting of March 15, 2005. Attached: o Letter of request o Lot space counts Fran Marincola 36 S. Ocean Boulevard ~ A-l Delray Beach, FL 33483 561-274-8898 ex 12 Fax 561-274-9957 Cell 561-251-5885 1138 Vista Del Mar Drive De/ray Beach, FL 33483 561-274-4455 Fax 561-274-6778 145 W 5lfh Street ~ JOC New York, NY 10019 212-582-8544 Fax 212-582-8545 January 18,2005 Scott Aronson City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Scott: I would like to address you and/or the parking committee. I would like to suggest that the City of Delray Beach lease a number of spaces at the west end of the Sandoway Park lot and the Ingraham Park lot to be used in conjunction with the public parking queue at Atlantic Avenue and AlA. This queue is open to the public as per our city agreement and has come under increased pressure on beach days in both the winter and summer. We constantly fill up yet my observation is that the public parking is not full. It is expected that after the opening of the new Shore Restaurant we might come under increased pressure at night as well. I think it is important that the City efficiently utilizes the current parking we have, notwithstanding the fact that it would be a source of income for Delray Beach. Yours truly, F:I3.I1 Marincola Caffe Luna Rosa 34 South Ocean Blvd. Delray Beach, FL 33483 Phone (561) 274-9404 Fax (561) 274-9957 Office (561) 274-8898 February 10,2005 Scott Aronson City of Delray Beach 100 NW 1st Ave Delray Beach, FL 33444 Dear Scott: On February 3rd, 4th & 5th the Ingraham, Sandoway and Gleason Park lots were surveyed by our valet on his electric cart. The following table shows the amount of empty spaces in each lot for 11 :00 am, noon and 1 :00 pm respectively: Ingraham Sandoway Gleason (60 total spaces) (160 total spaces) (39 total spaces) llam, noon, 1 pm 11 am, DOOD, 1 pm 11 am, nOOD, 1 pm Thursday 45, 41, 36 135, 123, 117 25, 23, 20 Friday 42, 39, 40 129, 124, 110 13, 16, 18 Saturday 33, 20, 18 101, 96, 95 8, 14, 16 As you can see from these comparables that there will be more than enough to provide 40 spaces during the afternoon (using a combination of the 3 lots if necessary) and at night the Gleason lot would be sufficient. I think the details should be worked out ,by staff as that is their expertise. Please forward these results to the Board for review. Thank you. Yours truly, Fran Marincola MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGE~ AGENDA ITEM # q}:::) - REGULAR MEETING OF MARCH 1.. 2005 SOFTWARE AGREEMENT /R&S INTEGRATED.. INC. TO: SUBJECT: DATE: FEBRUARY 25, 2005 This item is before the Commission to consider approval of an agreement in the amount of $22,995.00 with R&S Integrated Products and Services, Inc. including support services and upgrades for the Easy Agenda Software. In March and April 2004, members of the MIS Division and the City Clerk's Office attended presentations of both the NovusAGENDA by NovuSolutions and EasyAgenda by R&S Integrated for our paperless agenda selection. During this time, we also received and reviewed paperless agenda information from Palm Beach County. Both NovusAGENDA and R&S Integrated offer the software at approximately $20,000 - $25,000. However, R&S Integrated has a much larger municipal and educational clientele base in comparison to N ovuSolutions. In addition, R&S Integrated is currendy the vendor for our LaserFiche Document Imaging Software which we use to scan past and current agendas, minutes, ordinances, and resolutions in the City Clerk's Office. We have been extremely pleased with the professional services including technical support received by the R&S Integrated staff. Our choice of R&S Integrated for the paperless agenda allows us to remain compatible regarding servers and links to our webpage. Funding is available from 001-1411-512-66.10 (General Fund/Software) and 001-1411-512-46.90 (General Fund/Other Repair/Maintenance Costs). On January 18, 2005, Commission approved the purchase of the hardware for this project and requested that the software agreement be brought back at a later date with a listing of training hours for staff. Recommend approval of the agreement with R&S Integrated in the amount of $22,995.00 including support services and upgrades for the Easy Agenda Software. S:\City Clerk\agenda memos\Agreement. R&S Integrated03.1.0S AGREEMENT THIS AGREEMENT is made this day of , 2005 by and between the CITY OF DELRAY BEACH, FLORIDA, ("City") and R&S INTEGRATED PRODUCTS AND SERVICES, INC. ("R&S"). WIT N E SSE T H: WHEREAS, the City Commission desires to use a paperless agenda, and WHEREAS, R&S has a product "EasyAgenda" that would accomplish the Commission's request for a paperless agenda. NOW, THEREFORE, based on the mutual covenants and promises herein contained, the parties agree as follows: 1. R&S Obliaations: EasyAgenda is an R&S product that automates the Agenda process - from creation, to approval, to publishing. At the core of EasyAgenda is the R&S OpusDoc publishing engine. OpusDoc is technology developed by R&S that will publish many Microsoft Word documents into a single Word document. Through the OpusDoc publishing event, an index or table of contents is created; all corresponding documents are linked through the index or table of contents. A user can simply click on an item in the index or table of contents and OpusDoc will take the user to the corresponding page(s); by selecting the 'back' button, the user returns to the table of contents or index. OpusDoc can process documents and scanned images. EasyAgenda will automate calendaring, management, agenda item request, production, and review processes for agendas associated with City Council meetings. Agenda items can be created, requested, supporting documents scanned, and agenda items are routed to particular individuals for review and approval. EasyAgenda automates the request of agenda items for City Council meetings, the imaging of associated supporting documents, provides management of the review and approval process for City 'agenda items', provides for ordering, sectioning, and priority of agenda items, and the creates the City Agenda Index, Agenda, and Agenda Packet for meetings. EasyAgenda will publish the 'Agenda Index' and 'Agenda Packet' with the agenda index, each agenda item, and the supporting documentation for each agenda item. EasyAgenda is integrated with Laserfiche to provide document management and records archive. City 'Agenda' records can be available via the Internet/Intranet, distributed via email from EasyAgenda (hyperiinks), a networked Laserfiche EDMS, or accessed through EasyAgenda. EasyAgenda creates the recurring council meetings and/or workgroup events. EasyAgenda can be used to manage any type of meeting in the City - such as seminars, board meetings, training classes, workshops, etc. 'Cutoff date and times can be set for the meetings. During EasyAgenda setup, particular 'Item Types' are identified. An approval process or workflow for each item type is created in EasyAgenda. For example, a 'submitter' in a department uses the EasyAgenda interface and MS Word to create the item and add or scan supporting information. The user also determines the item type and section of the Agenda. Several people can participate in creating the Agenda item. After the item is finished, the Agenda Item is 'Submitted', an email is sent to the City Clerk (or assigned Agenda manager) with a link to the Agenda Item in EasyAgenda. Additionally, the person responsible for approving the user's Agenda Items (typically the division supervisor and department director or manager) receives an email with a link to the item in EasyAgenda. The user can review and approve the Agenda Item through EasyAgenda. Any user (with proper security rights) can send the item back to the previous step for edit by the user (or owner) that created the item. The department manager can also edit the Agenda Item prior to routing the item to the City Clerk and City Manager. After 'Accepted' is accomplished by the Division Supervisor and the Department Director, an email is sent to the City Clerk and the City Manager with a link to the Agenda Item in EasyAgenda. If the Agenda Item has a legal impact or a financial impact, after the departmental 'Accepted' step, the Attomey and/or the Finance Director receive an email with a link to the Agenda Item in EasyAgenda. After 'Approved' by the Attomey and/or the Finance Director, and an email is sent to the City Clerk and the City Manager with a link to the Agenda Item in EasyAgenda. Other types of technical reviews can be created for this step, e.g., CRA - Community Redevelopment Agency. After an item has been accepted and approved by the City Clerk and the City Manager, this step is called 'Final Approval', the item can no longer be edited by the 'owner', department manager, attomey, or finance director. At this step, 'Final Approval', only the City Clerk and the City Manager can edit an Agenda item. The City Clerk (or assigned Agenda manager) can also reschedule an item to another meeting (or copy to another section in the next meeting); or, the entire meeting with all items and supporting data can be rescheduled. The City Clerk or EasyAgenda Manager can move items from one section to another; additionally, the order of items within a section can be changed. The agenda documents are produced in determined format with supporting documents. EasyAgenda can produce three different Agenda documents. The EasyAgenda publisher determines the format and characteristics of each Agenda document: Agenda Index or Agenda Shell- this document lists each Agenda item with a simple one line title to describe the item, similar to table of contents. The Agenda - this document contains a complete description for each item (similar to information listed on an Agenda Item cover page or routing sheet, or report). Each item contains the Item Title, Item Request, Item Explanation, and Item Recommendation (text describing concemed departments' recommendation to the item). 2 The Agenda begins with the Agenda Summary. Each item in the Agenda Summary is linked to the actual Agenda Item. Agenda with Backup or 'Agenda Packer-this document contains a complete description for each item; each item contains the Item Title, Item Request, Item Explanation, and Item Recommendation (text describing concemed departments' recommendation to the item). The Agenda Packet begins with the Agenda Summary. Each item in the Agenda Summary is linked to the actual Agenda Item. The supporting hard copy is scanned or attached to the Agenda Item in Easy Agenda. The 'backup' for each item follows each item. Each item with backup is linked through the Agenda Summary. The resultant Word document with hyperlinks throughout can be automatically converted to PDF with hyperlinks. EasyAgenda automatically distributes the different Agenda documents through email; the EasyAgenda Manager controls which users get which documents. PDF & Word versions of each are created. The EasyAgenda document can be SnapShord to create an image record of each document; this document can be automatically archived to the Laserfiche EDMS. EasyAgenda requires Microsoft SOL Server or can utilize Microsoft MSDE. EasyAgenda Pro will automate calendaring, agenda management, item request, agenda production (shell, complete agenda packet, and complete packet with supporting documents), and review and approval processes for organizational, city, and county agendas for scheduled meetings. Agenda items can be submitted, supporting documents scanned, agenda items routed to specified individuals for review and approval through workflow automation, and the agenda then produced in a pre-defined format with supporting documents. R&S currently has two customer installations of the EasyAgenda Pro solution running in full production. EasyAgenda Pro provides imaging capabilities to capture agenda item supporting information or 'backup' . Additionally, EasyAgenda Pro will publish the Agenda packet with the agenda index, each agenda item, and the supporting documentation for each agenda item. The complete Agenda packet can also be published to the web for immediate public access. EasyAgenda Pro will also support the creation, approval, and management of the post-meeting minutes in the same fashion as the agenda. EasyAgenda is integrated with Laserfiche to provide further document management, production scanning and indexing, word search with image highlights throughout all Agenda documents, content management, and image archival and retrieval. Organization, municipal, and county agenda records can be available via the I ntemet/Intranet, a networked Laserfiche EDMS, distributed on CD-RIDVD-R optical disc with the Laserfiche 'Viewer- on each disc, and/or printed in hard copy as a complete set of the Agenda 'packer. 3 EasyAgenda Overview In general, the presented Automated Agenda Solution provides the following key areas of functionality: · Provides a web-based interface for the submission, approval, and management of agenda items · Automated workflow for item approval routing · Automated E-mail notification of agenda item status · Ability to rEH>rder agenda items, delete agenda items, or move agenda items to another agenda · Ability to automatically generate and publish agenda documents: shell, complete agenda, and complete agenda with supporting documentation · Automated publication of completed agenda to a web site · Concurrent management of multiple agendas of different types · Logging of voting results and 'actions' for each item during or after a meeting (to produce Action Agenda) · Interface to produce the 'Minutes' and 'Action Agenda' using the interface while viewing the Agenda Shell R&S Integrated - The EasyAgenda Solution R&S's EasyAgenda Pro (Version 3.1) is a complete, web-based software tool for managing the creation, submittal, approval, development, publication, and distribution of meeting agendas. Utilizing an in-house designed core technology that is capable of generic collaborative process management, R&S developed the EasyAgenda Pro application in 2002 as the first of what is anticipated to be several similar applications. The process of creating and managing a meeting agenda is a classic example of a collaborative work process within a hierarchical framework. Multiple parties provide input to the process, key individuals and/or departments provide approval authority at multiple levels, and final agenda documents are created and distributed. During the meeting, notes and actions are taken. Upon completion of the meeting, minutes are created, presented for approval in the next meeting, published and distributed, and archived for some period. In the vast majority of government agencies today, these processes are manual, and deal primarily with paper-based documents. The process is tedious, error-prone, and very costly in tenns of time and materials. A mistake in the 'final' agenda packet or a change in agenda item order can be cause to re-publish and re-copy the entire agenda packet, or a major portion thereof. It is this manual process that EasyAgenda Pro addresses, eliminating the manual steps through process automation. Users simply log in to the EasyAgenda Pro application through a standard web browser, and based upon security settings can submit, review, approve, re-order, delete, publish, distribute, or otherwise manage individual agenda items. 4 Individuals responsible for the complete agenda creation, publication, and distribution process can log in and create any or all of the various agenda products, such as the agenda shell, a complete agenda, and the complete agenda induding all supporting documentation (Agenda Packet). The completed agenda can then be e-mailed to all interested or required parties, distributed via CD-ROM or DVD-R, or distributed through any other appropriate means. Once approved, the agenda can also be automatically posted to a web site, enabling immediate public access. Additionally, an agenda manager can produce the Agenda Results (or Action Agenda) and draft the meeting 'Minutes' while using EasyAgenda during or after the meeting. Final 'Minutes' can be edited and produced at any time. Votes on individual items can be recorded and/or downloaded from automated voting systems. Workflow Management The workflow automation within EasyAgenda Pro is driven by user-defined rules based on approval level and item type. Once an agenda item has been submitted, it is automatically routed via workflow through the approval process based upon user-defined business rules. Individuals responsible for approval action can provide annotations regarding a specific agenda item, add additional infonnation, or make changes to an existing annotation. EasyAgenda Pro can be integrated with any MAPI compliant e-mail system (such as GroupWise) to notify individuals responsible for approval action, and allowing submitters to be provided with status infonnation regarding their submitted items via e-mail notification. EasyAgenda Pro's workflow also supports multiple and ad-hoc routing scenarios, such as an agenda item submitted, returned to originator for change, re-submitted, etc. Document Imaging, Agenda Management, Records Archive Many agenda items require a scanned document to support the item. The scanning of supporting infonnation for agenda items is managed through EasyAgenda and Microsoft Word. Any scanner with Twain drivers installed can support the EasyAgenda scanning process for Agenda items. The imaged documents are attached to the agenda item through the EasyAgenda interface. During EasyAgenda publishing, a user produces a dynamic Word document, a hyperlinked Adobe PDF file, and a complete image copy of the following: Agenda Shell - one line description or title of each agenda item Agenda - Agenda Shell first several pages, items linked to full Agenda item, and all sections of the item routing or cover page Agenda Packet - Agenda Shell first several pages, items linked to full Agenda item and supporting documents Agenda Results - during or after the meeting, an agenda manager can produce the Action Agenda Minutes - final 'Minutes' can be edited and produced at any time. Minute documents are easily added to the next Agenda/meeting for approval Note: the image copy is not dynamic or linked; this is the record copy of the Agenda documents. EasyAgenda manages and provides access to all historic Agenda documents. EasyAgenda is integrated with the Laserfiche EDMS to provide further document management, records archive, 5 production scanning and indexing, and document retrieval. Word or text searches throughout all Agenda documents are accomplished through the Laserfiche EDMS. Requested words or phrases are highlighted on the actual image for easy recognition and fast research; text lines from the resultant documents are presented in a search results window allowing the user to easily identify the desired document(s). City agenda records are available via the Intemet/lntranet, a networked Laserfiche EDMS, can be distributed on CDRlDVDR optical disc with the Laserfiche 'Viewer' on each disc, and/or printed in hard copy as a complete set of the Agenda documents. Building Electronic Council Agenda EasyAgenda Pro's facilities for creating interim or final, approved agenda documents allows for any of the standard agenda formats to be created based upon user-defined Word templates. The system can create a basic 'Agenda Shell' (containing essentially an outline of the full agenda but with no detail or supporting documentation), a complete detailed Agenda, and/or a complete agenda (Agenda Packet) with all supporting documents. The ease with which an agenda document can be created, is based upon the tight integration of EasyAgenda Pro with Microsoft Word. Agenda items are submitted through the use of user-defined Word templates, providing a familiar interface and 'look and feel' to the item submission and approval process. These templates then form the basis on which the agenda is created. The use of templates automatically standardizes the agenda format simplifying the document, provides spell check, and ensures consistent format throughout. A simple point and click, security controlled browser interface allows agenda items, including their supporting documentation, to be added to, moved between, or deleted from multiple agendas prior to final publication. Supporting documentation can be easily attached to an agenda item through this same easy to use interface. Since the agenda document(s) are electronic in nature, upon creation of the agenda, the Agenda Shell, the Agenda, and the Agenda Packet can be immediately published and distributed to all required individuals. The resultant documents can also be published to the City's web site for public access, moving the previously posted agenda to an archive location. The final agenda documents incorporate hyperlinks to each item and its supporting documents, eliminating lengthy manual browsing and searching for specific agenda items and/or their supporting documentation. Management of Electronic Attachments Within EasyAgenda Pro, supporting documents are associated with a specific agenda item as attachments to that item. The electronic files themselves are managed by EasyAgenda Pro to allow automatic association of the attachments with the agenda items. This allows the system to automatically build a completed agenda with supporting documentation without the user having to independently locate and collate individual supporting documents. EasyAgenda Pro is capable of managing supporting document files (or attachments, back-up) of virtually any type. 6 Action Agenda, Voting Results for Agenda Items During or after the meeting, while viewing the Agenda and each Agenda item in the EasyAgenda interface, the agenda manager can produce the Agenda Results (or Action Agenda) and draft the meeting 'Minutes'. Final 'Minutes' can be edited to desired format and produced at any time. Votes on individual items can be recorded through Easy Agenda and/or downloaded from automated voting systems. Technical Considerations EasyAgenda Pro is currently installed and in full production usage at three R&S client sites, four total by April 2005. The EasyAgenda Pro solution is fully compatible with the City's existing user desktop environment of Windows XP operating system, Microsoft Office Suite, and Microsoft Intemet Explorer browser version 5.x and greater. EasyAgenda Pro uses Microsoft SOL Server to manage users and systems objects. The solution is also fully MAPI compliant, and will easily integrate with the City's electronic mail solution. Security is provided through the use of a standard User Name and Password protocol. As EasyAgenda uses MS SOL Server, ad hoc report writing can be accomplished through reporting tools such as 'Crystal Reports'. EasyAgenda Pro's workflow engine fully supports user-defined and event-driven processes. This workflow includes support for automatic transaction routing to support electronic approval processes. Access to the EasyAgenda Pro solution will be available through the City's existing Wide-Area Network CJ'V AN) and Intranet. EasyAgenda Pro was designed from the ground up to eliminate the manual tasks generally associated with the development, approval, production, distribution, and archival of meeting agendas and their associated action agendas and minutes. The elimination of these manual tasks through automation and workflow provides a significant initial Retum on Investment (ROI), and high dollar savings each year over the manual process. It also provides a number of 'soft dollar' savings, induding elimination of human error (lost or misplaced documents, production mistakes, distribution problems, etc.). These savings, coupled with the hard dollar savings of reduced labor costs, reduced or eliminated paper and process costs, and reduced time for production and management of the agenda will provide the City with an extremely cost-effective solution. Annual support costs for the solution are held to a minimum, as the solution is Web- based, and therefore no client software is required to be installed or supported. 2. Trainina Schedule: Prior to March 9, 2005 (or project start) R&S sends a Configuration Worksheet, the city uses this document to list all agenda users, divisions, and departments (this document can wait until March 16th for completion, if resources do not allow the user to complete the form). This event requires a person familiar with the Agenda process for all divisions/departments and the relative supervisor or manager. Completion of this form can wait until the first onsite day (March 16th). Required resources: person familiar with the agenda process for all divisions/departments and the relative supervisor or manager. 7 March 9, 2005 (or Day One) - EasyAgenda delivery, install, and setup. 9AM to 12 noon - requires IT support and access to Webserver, requires administrative login at Webserver. The Configuration Worksheet can be completed at this time; group determines the following - Item Template, Header, and Sections in the meetings. Required resources: IT rep with Webserver administrative login, and person familiar with city's Agenda users, divisions, and departments, and roles the different agenda users (users part time in this duration). March 16,2005 (or Day Two) - Continued EasyAgenda setup and configuration 9AM to 12 noon - R&S continues with EasyAgenda review setup considerations, and Configuration Worksheet. Required resources: IT rep with Webserver administrative login, and person familiar with city's Agenda users, divisions, and departments, and roles the different agenda users (users part time in this duration). 1 PM to 3PM - project meeting to demonstrate EasyAgenda, review setup considerations, and Configuration Worksheet. Required resources: agenda coordinator, city clerk rep, IT re pIp roj mngr, and person familiar with roles of the different agenda users. Requires conference room with projector (optional, R&S can provide ). 3PM to 5PM - project meeting with R&S, city clerk rep, agenda coordinator, and IT rep/proj mngr. This event reviews the Configuration Worksheet and determines the types of approval/workflows for the agenda item types, and roles for EasyAgenda users. Required resources: city clerk rep, agenda coordinator, and IT rep/proj mngr. Requires conference room with projector (optional, R&S can provide). March 17,2005 (or Day three) - Continued EasyAgenda setup and configuration 9AM to 12 noon - R&S continues with EasyAgenda review setup considerations, and Configuration Worksheet. Required resources: IT rep with Webserver administrative login, and person familiar with city's Agenda users, divisions, and departments, and roles the different agenda users (users part time in this duration). 1 PM to 3PM - project meeting to demonstrate EasyAgenda Delray Beach, review setup considerations, and Configuration Worksheet. Required resources: agenda coordinator, city clerk rep, IT re pIp roj mngr, and person familiar with roles of the different agenda users. Requires conference room with projector (optional, R&S can provide ). 3PM to 5PM - project meeting with R&S, city clerk rep, agenda coordinator, and IT rep/proj mngr. This event reviews the Configuration Worksheet and determines the types of approvallworkflows for the agenda item types, and roles for EasyAgenda users. Required resources: city clerk rep, agenda coordinator, and IT rep/proj mngr. Requires conference room with projector (optional, R&S can provide). March 22, 2005 (or Day Four) - EasyAgenda setup, configuration, and testing 8 9AM to 12 noon - requires IT support and access to Webserver, requires administrative login at Webserver. The data listed in the Configuration Worksheet is used to complete the setup. Workflows and approval routing are established for each agenda item type; system setup and publishing are tested; adjustments are made where required. Required resources: requires IT support and access to Webserver; person familiar with city's Agenda users, divisions, and departments (users part time in this duration). 1 PM to 3PM - project meeting to demonstrate EasyAgenda model and review setup considerations. Required resources: agenda coordinator, city clerk rep, and IT rep/proj mngr. Requires conference room with projector (optional, R&S can provide). 3PM to 5PM - project meeting to discuss system changes and determine future training events. Requires agenda coordinator, city clerk rep, and IT rep/proj mngr (optional). Requires conference room with projector (optional, R&S can provide). March 23, 2005 (or Day Five) - EasyAgenda setup, configuration, and testing 9AM to 12 noon - requires IT support and access to Webserver, requires administrative login at Webserver. The data listed in the Configuration Worksheet is used to complete the setup. Workflows and approval routing are established for each agenda item type; system setup and publishing are tested; adjustments are made where required. Required resources: requires IT support and access to Webserver; person familiar with city's Agenda users, divisions, and departments (users part time in this duration). 1 PM to 5PM - EasyAgenda 'Publisher' training, users that submit, approve/accept agenda items and are the designated 'Publisher' should attend. Meeting will discuss future training events and dates to go into production. Required resources: the designated EasyAgenda 'Publisher' should attend. IT rep/proj mngr should attend. Training is accomplished at user's desktop. April 6, 2005 (or Day Six) - EasyAgenda user training 9AM to 10AM - EasyAgenda 'Submitter' training, users that submit agenda items from the different divisions/departments should attend. Required resources: departmental agenda 'Submitters', the designated EasyAgenda 'Publisher' should attend as well (optional). Requires conference room with projector (optional, R&S can provide). 10AM to 11 AM - EasyAgenda 'Approver' training, users that submit and approve agenda items from the different divisions/departments should attend; Legal and Finance agenda users should attend as well. Required resources: departmental agenda 'Approvers', the designated EasyAgenda 'Publisher' should attend as well (optional). Requires conference room with projector (optional, R&S can provide). 11 AM to 12 noon - EasyAgenda 'Manager' training, users that submit and approve agenda items and represent the City Manager's office should attend; Legal and Finance agenda users should attend as well. 9 Required resources: departmental agenda 'Managers', the designated EasyAgenda 'Publisher' should attend as well (optional). Requires conference room with projector (optional, R&S can provide). 1 PM to 2PM - EasyAgenda 'Submitter' training, users that submit agenda items from the different divisions/departments should attend. Required resources: departmental agenda 'Submitters', the designated EasyAgenda 'Publisher' should attend as well (optional). Requires conference room with projector (optional, R&S can provide). 2PM to 3PM - EasyAgenda 'Approver' training, users that submit and approve agenda items from the different divisions/departments should attend; Legal and Finance agenda users should attend as well. Required resources: departmental agenda 'Approvers', the designated EasyAgenda 'Publisher' should attend as well (optional). Requires conference room with projector (optional, R&S can provide). 3PM to 4PM - EasyAgenda 'Manager' training, users that submit and approve agenda items and represent the City Manager's office should attend; Legal and Finance agenda users should attend as well. Required resources: departmental agenda 'Managers', the designated EasyAgenda 'Publisher' should attend as well (optional). Requires conference room with projector (optional, R&S can provide). 4PM to 5PM - EasyAgenda 'Publisher' training, users that submit, approve/accept agenda items and are the designated 'Publisher' should attend. Meeting will discuss future training events and dates to go into production. Required resources: the designated EasyAgenda 'Publisher' should attend. IT rep/proj mngr should attend. Training is accomplished at user's desktop. April 7, 2005 (or Day Seven) - same as April 6th, see above April 8, 2005 (or Day eight) - Continued EasyAgenda training 9AM to 12 noon - additional training dates, events would be scheduled as project requires. Training for IT rep for System Administration is accomplished as time permits in the above schedule and/or a dedicated training event is scheduled. 3. Payment Schedule: The City shall pay to R&S the total amount of $22,995.00 for the software and services provided above. The payments shall be as follows: 1/2 within 7 days of providing the software product to the City 1/2 within 7 days of completion of the training program as provided above 4. Termination: Either party may terminate this Agreement with cause upon giving the other party fifteen (15) days written notice of the termination. Upon receiving such notification the non-terminating party shall have 15 days within which to cure any breach of the agreement. If the non-terminating party fails to cure the breach within the time period allowed the terminating party shall have all rights and causes of action against 10 the non-terminating party as allowed by law. The City has the right to terminate this Agreement at any time upon 15 days notice to R & S Integrated, Inc. with or without cause. If the City terminates the Agreement without cause the City shall provide payment to R & S Integrated, Inc. for its services up to the point of termination. 5. Indemnification: R & S Integrated, Inc. shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from work done by R & S Integrated, Inc. in the performance of the Contract except to the extent caused by the negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by R & S Integrated, Inc. The parties understand that the City does not waive its sovereign immunity under Fla. Stat. §768.28. 6. Venue/Laws: This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 7. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: For R&S: David Harden, City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Robert E. Porter R&S Integrated President/CEO 1647 % George Jenkins Blvd. Lakeland, FL 33815 8. Entire Aareement: This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Legal Form: City Attorney 11 WITNESSES: R&S INTEGRATED PRODUCTS AND SERVICES, INC. By: (print or type name) (print or type name) (print or type name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 200_, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida 12 , ~¿rf Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 DELRAY BEACH ~ All-America City , III I! Joseph L. Schroeder Chief of Police 2004 1993 2001 MEMORANDUM TO: David Harden City Manager Tina L. Lunsford ~ Administrative Officer FROM: DATE: February 22,2005 SUBJECT: AGENDA REOUEST Attached is an Agenda Request for the City Commission meeting on March 1, 2005, to approve the purchase of 133 Panasonic CF -29 laptops. The Police Department was approved for the purchase of 133 replacement laptops in the 04/05 CIP Budget. The laptops being replaced were purchased with grant monies over 4 years ago and are not upgradeable. The Police Department has had to suspend the deployment of the newest wireless technology "Edge" because the current laptops running Windows 98 are having multiple problems with speed and locking up. For example, when officers are trying to type reports into the computer the screen blinks with every keystroke. We have also been experiencing several memory errors. The bottom line is the Police Department is using so many applications that the current laptops just can't handle it. Putting the new EDGE card in the mix has only increased the problems. The Police Department has had very good luck with the Panasonic Hardened laptops and is recommending their continued use. The department feels strongly that no other laptop on the market could have withstood 4 to 5 years in a public safety environment like these have. ProSys Information Systems holds the Florida State Contract # 250-000-03-1. The total purchase cost is $487,977.00. Should you require further information, please contact me at ext. 7852. TLL/rmh Attachment cc: Chief J.L. Schroeder Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence qE 0> <0 L() o J> 00 ('I) " L() 00 X 1'0 L1. o V ~ 0 Q)oog ~g~ CJ)NQ) -Ö~oo ~L1.M m "0> Q) Q) I o>Q)o m~O> ~mN E.c:- Q;~~ I~~ o 0 00 V ...... 0 9 o "- " L() 00 Qj c: o .c: a.. Ift~ ~. ~ ...~ ~i i~ . ..~' ¡..; ti ,,~ ~ ....! o o r---: "- 0> ~ 00 V Eß- o o a> <0 <0 cti Eß- «- C> X .c: o ~ o ~ Q) > 'ii) II) 'E II) c: 1'0 '=0 ~m ('I)~ ~..:!::: ô:;: c: u .¡:: 1'0 "Em Q)a.. Q ~x I >.~ Q...J~ qc> Q~+ II) .c ~~:: U E . e~~ -~oo c c: z 8~:5 ~~~ '¡: N £0 .2~~ LLOCD õ:êm s 0>:E J!5~ (/)~II) ~ ~ N C> a.. ~ w 0> N u.. Ü ('I) ('I) ...... ui E ( ) - t-- ~ CD .(/) ~ . g M .:¡:;t--~ 1'0 CD...... E~M OM« :êC:e> /n 0 cG >.£0 ë ~Ó.!!! ... .- a..a..« en co It) q It) co uQ M .Et-- Ô G) It) f M ...... co ~Sco -u.. .- Q ~ Õ ~~~ u.. to- >. MM "It "It (/)';1'0 0 0 c~"C "It "It ~ m·g q 0 .... ';( m( )- 0 w E 0) LL ,... ns M - co O~( ) 0.... It)M 'ëE~ ~~ -( )/n Iii 0 ~:I:~ en Z ('II . ~ 0 ~ 0 CD , ... co ns J: co a........~ D.. ~ AGENDA ITEM NUMBER: 9E. AGENDA REQUEST Request to be placed on: _ Consent Agenda x Regular Agenda _ Workshop Agenda _ Special Agenda When: March 1, 2005 Description of agenda item (who, what, where, how much): The Police Department was approved for the purchase of 133 replacement laptops in the 04/05 CIP Budget. The laptops being replaced were purchased with grant monies over 4 years ago and are not upgradeable. The Police Department has had to suspend the deployment of new wireless technology "Edge" because the current laptops running Window 98 are having multiple problems with speed and locking up. The Police Department has had very good luck with the Panasonic Hardened laptops and has recommended the continued use of them. ProSys Information Systems holds the Florida State Contract # 250-000-03-1. The total purchase price is $487,977.00. ~epartmentH~ ~ SIgnature: ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~/ No Initials: LJ5f Account Number ~~ /' (, it 1..-.- ~ z,.1 ,fp 4--' / ) Description C tJt1l puk·Ý GtL«''jJ~+ Account Balance: 4 '-If I, 000 (wU))w1<¡1 htli1.Skr) Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @ / No Initials: £At:5- Hold Until: Agenda Coordinator Review: Received: MYDELRA YBEACH. COM City of Delroy Beach Administrative Services Memorandum TO: David T. Harden, City Manager FROM: ~bert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting/ March 1, 2005 Approval Agreement with Delray Merchant's Association Celebrate the Soul of Delray Restated Agreement DATE: February 22, 2005 Action City Commission is requested to approve the proposed restated agreement between the City of Delray Beach and the Delray Merchant's Association for repayment of funds owed to the City for the February 16, 2002 Celebrate the Soul of Delray Beach. Background This item was discussed and agreed to in principal at Commission's last workshop meeting. The restated agreement changes the payment date for the 2004 event to May 21, 2005 versus April 1, 2004 and the 2005 event to May 21, 2005 versus April 1, 2005. This should allow enough time to finalize all revenue and expense calculations from the March 5, 2005 event so that payment can be made by May 21st. Recommendation Staff recommends approval of the proposed Restated Agreement between the City of Delray Beach and the Delray Merchant's Association for the repayment of funds owed the City for the 2002 Celebrate the Soul of Delray event. RAB:dr qF AN AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY MERCHANT'S ASSOCIA TION THIS AGREEMENT is made this day of , 2005, between the CITY OF DELRA Y BEACH (City) and the DELRA Y MERCHANT'S ASSOCIATION (DMA). WITNESSETH: WHEREAS, the "Celebrate the Soul of Delray" is a special event that celebrates the City's ethnic diversity; and WHEREAS, the first "Celebrate the Soul of Delray Event" was held in 2000, and the community event enhanced the appreciation of the City's diversity; and WHEREAS, a second "Celebrate the Soul of Delray Event" was held on February 16, 2002; and WHEREAS, prior to the February 16, 2002 event, the event organizer appeared before the City Commission of the City of Delray Beach to ask for funding assistance; and WHEREAS, this assistance was granted by the City Commission on the terms herein provided; and WHEREAS, the City Commission on February 6, 2003 agreed to accept payment over three (3) years, paying ten thousand dollars ($10,000.00) per year. WHEREAS, DMA made a payment of ten thousand dollars ($10,000.00) and owes the City twenty thousand dollars ($20,000.00) and seeks to defer the payment due last year on April 1, 2004 to May 21, 2005. The DMA shall pay the remaining and final ten thousand dollars ($10,000.00) by May 21, 2006. NOW, THEREFORE, based on the promises and covenants made herein, the parties agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Consideration. The City has previously agreed to and has provided grant monies in the amount of thirty thousand dollars ($30,000.00) for the event. This grant was to be paid back by the DMA within one year and was then extended to three (3) years. A ten thousand dollars ($10,000.00) payment has been received by the City and thus, twenty thousand dollars ($20,000.00) of the original grant remains to be paid to the City. The City hereby agrees to DMA making a ten thousand dollar ($10,000.00) payment to the City by May 21, 2005 and a final ten thousand dollar payment ($10,000.00) payment to the City by May 21, 2006. No interest will be charged on the outstanding balances. 3. Termination. This Agreement shall terminate on the City's receipt of final payment due under this Agreement. 4. Entire Aareement. This is the entire Agreement of parties. All other agreements are superceded. Modifications must be in writing and executed by the parties hereto. 5. Authoritv. The signatories assert that they have the authority to execute this Agreement on behalf of the parties to this Agreement. 2 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date first written above. ATTEST: By: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form and Legal Sufficiency: By: City Attorney 3 WITNESSES: DELRAY MERCHANT'S ASSOCIATION (DMA) By: Print Name: Clay Wideman, President Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 2005, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public - State of Florida 4 ~ ~ MYDELRAYBEACH.COM City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager FROM: SUBJECT: Agenda I tern City Commission Meeting March 1, 2005 Approval Cultural Loop Community Chair Project DATE: February 23, 2005 ACTION: City Commission is requested to approve the proposed Cultural Loop Community Chair Project and authorize installation of the chairs on City owned property. BACKGROUND: Rosiland Murray on behalf of W ARC is requesting approval of this Cultural Loop project and installation of the chairs on the grass area south of the City Attorney's office, on the southeast comer of Fire Station Headquarters and in Worthing Park. The other location is at Saint Paul's Episcopal Church. The project consists of twelve (12) Adirondack chairs painted with historical images of Delray Beach (the chairs do not have advertising painting on th~m). The chairs have been painted and are being proposed to be installed after the Delray Affair. The request is to display this art project for a year. Since the chairs can be removed the proposal includes removal from locations as may be dictated by events and/or hurricanes. We are still in the process of designing a system to anchor the chairs so that they cannot be stolen but can still be removed when needed. Attached is additional information I received fron1 Rosiland Murray. RECOMMENDATION: Staff recommends approval of the Cultural Loop Community Chair Project and installation on the grass area to the south of the City Attorney's office, on the grass area at the southeast comer of Fire Station Headquarters, and at Worthing Park in locations that would not interfere with the Green Market set up. File:u:sweeney/agenda Doc' Cultural Loop Community Chair Project qG "COMMUNITY CHAIR PROJECT" A 2005 Cultural Loop Activity Contact Person Sharon Koskoff Home: 561 276-9925 Cell: 561 699-7899 WHO: Delray Beach Mural Artist Sharon Koskoff, West Atlantic Redevelopment Coalition (WARC), Delray Beach Community Redevelopment Agency (CRA), and The Community Foundation of Palm Beach and Martin Counties WHAT: Communi ty Chair Project / A 2005 Cultural Loop Activity WHERE: The Historic La France Hotel 140 NW 4th Avenue, Delray Beach WHEN: Orientation Meetina - Saturday Afternoon I January 29th, 2005 Time: 2 p.m. - 3:30 p.m. No Experience Necessary!!! Free Paintina Workshops - Saturday Afternoons February 5th, 12th & 19th, 2005 Time: 2 p. m. - 5 p.m. No Experience Necessary!!! WHY: To paint chairs with Historical Images of Delray Beach to be displayed along Delray Beach Cultural Loop 2005 Delray Beach Mural Artist Sharon Koskoff, WARC, and the Delray Beach CRA invite you to attend the Community Chair Project Orientation, Saturday, January 29th, 2005 at the Historic La France Hotel, 140 NW 4th Avenue, from 2 pm - 3:30 pm. Koskoff will present slides and introduce community volunteers to the 2005 Cultural Loop Activity. Free Chair Painting Workshop Sessions will follow on Saturday Afternoons, February 5th, 12th, 19th & March 5th, 2005, from 2 pm - 5 pm, also at the La France. One dozen Adirondack Chairs will be painted and on display along the Delray Beach Cultural Loop. Chair themes will include Gladiolas, Pineapples, Sundy House, Morikami Museum, Old School Square, S.D. Spady, Pompey, Frog Alley, The Sands, All-America City, Colony Hotel, General Linton, Delray Affair, etc. To Register call Sharon Koskoff at 561 276-9925 Or Rosalind Murray at 561 276-8640 Refreshments Served. No Experience Necessary! The La France Hotel is a contributing structure in the West Settler Historic District and the areas' first hotel. The Delray Beach Cultural Loop bridges the traditional ethnic and cultural divides of this south Florida city via a 1.5 mile walking trail with outdoor artworks, interpretative signage, and historic buildings. Søonsored bv the Community Foundation of Palm Beach and Martin Counties "COMMUNITY CHAIR PROJECT" A 2005 Cultural Loop Activity . I 'f."'W' -E--=:.!':--' .~~..~~ I .. Contact Person Sharon Koskoff Home: 561 276-9925 Cell: 561 699-7899 WHO: Delray Beach Mural Artist Sharon Koskoff, West Atlantic Redevelopment Coalition (WARC), Delray Beach Community Redevelopment Agency (CRA), and The Community Foundation of Palm Beach and Martin Counties WHAT: Communi ty Chair proj ect / A 2005 Cultural Loop Activity WHERE: The Historic La France Hotel - 140 NW 4th Avenue, Delray Beach WHEN: Orientation MeetinQ - Saturday Afternoon / January 29th, 2005 Time: 2 p.m. - 3:30 p.m. Free PaintinQ Workshops - Saturday Afternoons February 5th, 12th & 19th & March 5th 2005 Time: 2 p. m. - 5 p.m. WHY: To paint chairs with Historical Images to be displayed along Delray Beach Cultural Loop 2005 We Provide The Chairs, On Site-Supervision, Working Space, Paint Supplies, Research, & Refreshments! You Provide Your Collaborative Spirit, Enthusiasm And Positive Energy! Chair Painting Schedule & Goals Attire: · Closed Shoes Required - No sandals or open toed shoes allowed on work site. · Chairs are very heavy -Think Safety!!! · Painting Clothing - Remember dried paint will not wash out of clothes. · All paint, primer and sealer are water based and water clean up! Media coverage: Photographers want to take photos of busy interesting people working. 1st Workshop I February 5th, 2005 · Chairs will be primed with primer. · Chairs will be hand sanded. · Second coat if needed. · 3/8" plywood will be cut and also primed, to be used as back mural panel. · Designs will be projected and drawn onto back panels. · Clean up and Storage 2nd Workshop I February 12th, 2005 · Chairs will individually be painted 12 different "tertiary" colors of the color wheel. · Two or Three Coats will be necessary. · Artists begin back mural panels. · Design Development · Clean up and Storage. 3rd Workshop I February 19th, 2005 · Completion of Historic Mural Panels · Chairs Backs are screwed to Chairs · Clean up and Storage. 4th Workshop/March 5th, 2005 · Chairs are Sealed with High Gloss Shine · Final Touch upsl Community Chair Project Opening Reception - (Tentative Information) Saturday Morning / March/April In conjunction with Cultural Loop Trolley Tour from Worthing Park Group Etiquette · Chairs will be worked together in a group. · Chairs will be worked on by more than one person and therefore all artists are equal. · Only do something you are comfortable doing. Don't be afraid to ask questions? · Respect your neighbor and Be Helpful · Outdoor painting: Bring stuff you need as hat, lotion, camera, personal brushes etc. Education & Historical Themes: Mission to Educate the public about the history of Delray Beach through decorative mural painting on back panels of Adirondack Chairs that will be placed along the Delray Beach Cultural Loop! To create public awareness of the history of the La France Hotel. African All-America City Caribbean Colony Hotel Delray Affair Doc's Ice Cream Frog Alley General Linton Gladiolas Haitian La France Hotel Ladies on the Raft Mexican Morikami Museum Old School Square Old Train Station Pineapples S.D. Spady Pompey Sundy House The Sands Village by the Sea MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGEROI'1 AGENDA ITEM # q I - REGULAR MEETING OF MARCH 1. 2005 APPOINTMENT TO THE BOARD OF ADTUSTMENT - TO: FROM: DATE: FEBRUARY 25, 2005 At the City Commission meeting of February 1, 2005, Mr. Paul Zacks was appointed to the Planning and Zoning Board creating a vacancy for a regular member with an unexpired term ending August 31, 2005. Mr. Sigurdur Hardester and Mr. Clifton Miller are both alternate members and wish to become regular members. To qualify for appointment, a person shall be either a resident of or own property in the city, and/or own a business within the city. The following have submitted applications for consideration: John Bennett (also applying for Code Enforcement Board, Nuisance Abatement Board and Neighborhood Advisory Council) Sara Coen Sigurdur Hardester Pearl Markfield Elrod Clifton Miller Bryce Newell (incumbent) (also applying for Neighborhood Advisory Council, Nuisance Abatement Board and the Code Enforcement Board) (incumbent) (also applying for the Downtown Development Authority, the Code Enforcement Board, Nuisance Abatement Board and the Neighborhood Advisory Council) Lisa Shaheen A check for code violations and/or municipal liens was conducted. V oter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Costin (Seat #1) for a regular member to serve an unexpired term ending August 31, 2005. Recommend appointment of one (1) regular member to the Board of Adjustment for an unexpired term ending August 31,2005. I 1993 . -.2001'- /GJ-/-¿)~ i?eJ:t'ed ~ ~ Please tYPe or ørint the foDP»lÏn2 iDløtmatio,D: 1. Last Name:~6/AI'ErT""" ,2. Home Addiess: /3 -;¡ s ~/ú,~ A./E' 3. Legal Residence: ð ÆJME' 4. PJinåpal Business Aâdress: N /A (!kt.;'-d a.~~~ ) 5. Home Phone: Business Phòne: E-Mail Aadœss: CeU 'Phone: 2 ~'-I- Sf (;, 0 - (.i-h 1.<."'- ð ( dGlf':1 ~ ao!'ÚJo L.J lif - 81 (, () 6. Are you a register~d votér? 'Wso. where,àrc'you'~?- yi3:S 'þ&-~'7 7i~ -7. What Board(s) ate )'ou intereSted in serving? PJCascJist:jft'.Qida~ôf'pIe(àCnèc: CITY 0," ~;~LR4Y BEAC,M ,OARD M,e":B.JR APPLI,CATI,ON £ ' 2on~ J . Qew, ((}ee~e bJ . ;Name 701-1-/\1 ~City' Õ6-¡UJ-/ &:-~ 'Ciq i State H..- - . State NoL c· w. '~Ii¡) COdè s3Y~ Zj.p Code , '-em, - ...:..~ 4 State 'Zip Code - - Fax: 2=}L¡-?LS-r- '- . ... . "'o..;,l~lrði)¿ Â71vt1~ ú,,-,c.:I) Bð6..M ôf- t1Þ:f-1wk.,~1- ~AíLul~c...A-~"th,~ E~¿ '8. List aD CitfBoards' on which you arc currently servin¡ or havepteViouaJy:scrVcd: (plcue JDc1Ude dateS) J;"nlJ 6"C/tAd wk. ~ (w~ l)¡ L1Š(~ lPlo ~hrJ~ ~_;-I(l-f-' /4)/-07- 9. EducationaJ qualificaåons: "/_... Á ß,A-, (wJAn;l.lt4>?~) S~Iz.~WY~ c../~; ;¡:Q ~/Z/A~ U"'V~t.., ~ . ~/t-- J LL.Pf. (/h,V¿ýj;t, 4- U~.J i. '~r~ 10. 11st any related professionar cenifications and licenses which you hold: hJ/... L 75;Jh-,-d- ~L (YI'~ L - 'Z?c=.../ , . 11. Give your 'present. or most 'recent- employer, and position: ~ UJ. NAvY, Sm-I¥- -;J~<' #f)vðCA(f'- ~""'/h/OLrC. A/A1VÞ2- I.f¿{Jf{E ~~:ro,.J J / 12. Describe experiences, skills or boWJedge whièb qua1ily you'tO.saVc OD dÜI boaœ: (PJcuC auadì. blief lCSUIDe) - ~ æffr¡dta;l ¡'hereby certify Wt'aU the abOve statements are uue. and'! a¡œC:aaa -DDdcìltaDd 'dw aD)' mÎf~t of m~!a1 faas contained in this appJicadon may cause lorfeiture upon my panolaqy. app«aaj~t;I IDa)' receive. ~_~. . t!kh~ f) ~ ~TURE DATE Note: This application ~ remain on Ble in the-City GIerlt~s ~ ~1IIfIIraø £rom the date it was- JIý. . . submitted. It will be the applicant's œsponsibility to CDSuWl&t~-cuøcarÇP1icaúon,is on file. _I. /Y !J-/¡IJ OCT '.1 2003 ~1DI CITY CI, ERK , - JOHN C. W. BENNETI' 137 SEABREEZE AVENUE DELRAY BEACH, FL 33483-7017 ;- COMMUNITY ACTIVITIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community thr.:ough service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. ~ïii! 1993 2001 .I#I-y 5--/o-¿}(ó DELRA Y BEACH floa'ÐA ***** CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION Please tint the followin information: 1. LastName:COéIJ 2. Home Address: /z-03 /JE" 9~ Ave. 3. Legal Residence: ~ 4. Principal Business Address: Name <:::. A'7 ~n-R-/I- City 7> el~ B-eA ch City State '?-'- State M.l. :J: Zip Code ~3<J83 Zip Code City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: -5<0 I );) -rf>- $0 ~ 6. Are you a registered voter? .vo -- If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: 7/~ h/1¡' $'J.e- 1~/1 IZe."i ~ And e-A~ ee del, 0 r /l ci' V:s-r- Q. List all City Boards on which you are currendy serving or have previously served: (please include dates) ).)0 Nt 9. Educational qualifications: 1)0 CTO~ . - ( Ph . cL ( "d=vrl'.s '-Z;>ùc ¡D-e.. ^t-4~~ 4-r ¿A-w-- 10. List any related professional certifications and licenses which you hold: r1on-clA ~.€- (e,q"'~'d-AR :Jv/. '0.- C~h'é'é1 (2ovf/ H-eeV/:i4-Ð2 /2 -e.A/ - ~ rr;; ¿, C..e--~ ~ "-- 11. Give your present, or most recent employer, and position: 7J¡".:;,-rrr" c:r GVrT 0::: A- '-e4.s. G r-~. û'r. W-e.5-r- 7,q/1/r1 I"-/'on JA ~ . Le-,w CI-ûeJL (Z-clOZ- 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) I'1vlr, ·C<.JI-I-dr7'V1 E=X e,..,"e.ric.e....6 ,. ;' /l ~vro $6ur~ /J.r~/fc.4 ~J.. (,1..$. G"ood -?7 e.J,,"ArtJie- ~ ~w/-ed o .c e--u / r-c./rM ~ C',,4 ør}d /e d ck~e-e..S'· YI1Ç-r knou.,j.¡¿_ cI o,c ~e.A/ cE~ A'JV<:1 - 'rD 'Æi ~. - rl<.R/7T ii'1 5 /~.n I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. .ø S1J~ ~ ¡I?2 /04'- - ¡GNA~ ~ E\VED Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibM-mo1et&tiÐ~at a current application is on file. I M ~,\\ CITY CLERK SlCITYCLEIOOBOARIM1'PUCATION ~e.s Sara Coln 1203 NE 9th Ave. Delray Beac~ FL 33483 (561) 278-8013 saracoen@hotmai1.com Objectives and Strengths I am an attorney with a Master's in Trade and Banking, and European Law, currently completing an LL.M on Taxation. I vill be sitting for the Florida Bar on July '04. I am a Certified Country Court Mediator fluent in five languages. My interests include urban zoning and planning, real estate and property law. I have experience in mediation and arbitration, commercial law, conflict mitigation, judicial refo~ and immigration. I have also worked with the World Bank and the United Nations Group. My strengths include: · Fluent in English, Spanish, French, Italian and Portuguese (written and spoken). · Excellent writing skills, good communicator and careful listener. · Comfortable working with diverse multicultural perspectives, and presenting alternatives for conflict resolution. · Doctoral Degree in Common Law and Civil Code System with professional experience in the U.S., Europe, Latin America and Brazil. Education St. Thomas University, Miami, Florida. Master at Law (LL.M) in Taxation, Candidate (May '05). St. Thomas University, Miami, Florida. Juris Doctor Degree. The American University, Washington DC. Master at Law (LL.M) in International Trade and Banking. Université de la Sorbonne. Paris, France. Studies of Master in Commercial Law and European Community. International Court of Justice. The Hague, The Netherlands. Private International Law Certification. Universidad Iberoamericana. Santo Domingo, Dominican Republic. Juris Doctor Summa Cum Laude. Université Paris X Nanterre. Nanterre, France. Bachelor in Arts in Business Administration of Tourism Enterprises. Legal Experience DISlRICT COURT OF APPEAL. West Palm Beach, Florida (Aug. '04). Law Clerk for Judge Barry Stone. TIlE FLORIDA BAR. Cypress Creek, Florida. (6/01-10/02). r..ow Clerk. Unlicensed Practice of Law Division. ~onducted legal research, wrote memoranda and affidavits. Practica1litigation experience drafting subpoenas, preparing pleadings and interrogatories, participated in depositions and interviews. INTER-AMERICAN DEVELOPMENT BANK. WORLD BANK GROUP. Washington DC. (6/93 - 5/96). Legal & Summer Intern at Budget and Evaluation Office. Project Consultant at Project Analysis Department. Wrote internal publications regarding ex-post evaluations of judicial and social refo~ and gender issue projects in Latin America. Worked with judicial refonn projects, alternate dispute resolution, conflict mitigation and trade barriers. ORGANIZATION OF AMERICAN STATES. Washington DC. (10/92 - 5/93). Legal Intern. Legal Department. Performed research in the Library of Congress and wrote comparative analysis for the harmonization of regional legislation in intellectual property. SETERIE LUIGI BULGHERONI. Lake Como, Italy. (7/90 -12/92). Legal Consultant. Silk manufacturing corporation. Prepared and negotiated licensing agreements. Worked with copyright registration. Other Professional Experience YUPI INTERNET INC. (Currently YupiMSN). Miami Beach, Florida. (6/97 - 6/00). Content Editor and Business Developer. Founding team member of company purchased by The Microsoft Network in 2002. Responsible for content. Drafted and negotiated strategic alliances. Prepared presentation for investors. CARDS FOR WOMEN. Washington DC and Delray Beach, Florida. (6/95 - 12/99). Founder and Marketing Director. Specialized in reproduction of artwork. "'>laced company on the list of top 100 US Hispanic Business. Client list included Walt Disney, Coca-Cola, Exxon and ~itibank. Participated in White House presentation for Hillary Clinton. CONSULATE OF TIlE DOMINICAN REPUBLIC. Paris, France. (1188 - 5/90). Assistant to the General Consul. Handled commercial receipts and visa documentation. Served as liaison and translator for investors and diplomats. DElRAY BEACH ~ II .¡- I -n 'tilt 1993 2001 CITY OF DELRAY BEACH BOARD-MEMBER APPLICATION (i-II --ð5 1/)3" Please e or rint the fonowin infonnation: 1. Last N.aíne: H - A&..1) E S T c:t<.... 2. Home Address: LJ~Oß L \lewoo 3. Legal Residence: . S A-Mt 4. Principal Business Address: . $ /ËM.efÙ S CÐfLl'ðt,:"~TI o,...J Ð ' ß ~ <50V¡JJ> t::W'1 Nw 5. Home Phone: Business Phone: E-Mail Address: - Fax: bllfo ~ ~. y ogg ~6J /Cf'a. ~ '18~{, $¿t:~~:-:;.l~ S~J 10" 016 6. Are you a re . stered voter? If so where are you registered? " e- Ee c. co\,)' JT 7. What Board(s) are you interested in serving? Please list in order of preference: I fL~..u,.., A16 ê\--'Zot'J iN ~ 2. í.So~ 0' r- A:DJ\)~ \.M.€f-J'L S ~ðí/ðt--/ i 'R -~- 't~ fI f /?J C'- 'I , 8. List all City Boards on which you are currently serving or have previously served: (please include dates) l::' ve- Namer ~ J &u ttÌ)U YL Ci!y D ~ Lf J4. lS E?~c. H- City - State FL State M.l. A Zip Code_ 305 \.{~ Zip Code City ìOL~ State Zip Code tA-TD"'; rL 33LJ ~l 9. Educational qualifications: 10. List any rehted professional certifications and licenses which you hold: 11. Give your present, -or most recent employer, and position: SU~Metû C o~po lVµ þ\ ft.cé?1t ÇALE"S 12. Describe experiences, ~kills or knowledge which qualify you to serve on this board: (please attach a brief resume) ::t e fl , ~ (. () (' 'B u ç; I A/-e S C) L ~ M>tcll- $"H-l ~r' tYJD Jt1 G t\1 T· S' ~ I t. L ) r:=il.I1 W\. YI1 T<?/.JvrLE WI H- eM..¡. A¡vb s:; eÌ&tf'tJ r. FuLL- (2¿:SVtl1€- U fJµ fe v-er-T I hereby certify that all the above statements are true, and I ~ee and understand that any misstatement of material facts contained in this applicati n may cause forfeiture upon my part of any appointment I may receive. . -' -9 "./.2 ~·o;:!. . DATE Note: This application will remain on file in the City Clerk's Offi<:e for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current aptùiça.ti9-Q is...Q-Q -tik H t: \.." ~E}.RD\APPLICATION I (fJ ~tJ AUG 1 4 2003 CITY CLERK -;¡i?¿lkr '7..; J,ð:5 p~Llt:'': 1~A.Ct1 ...... All-America c; '1111. 1993 2001 CITY Of DELRA Y BEACH BOARD MEMBER APPLICATION £L-iZo D N.I. Ci -"tyb C!-IJ- (2~ìC> /1 State Zip Code FL 7. 8. 9. Educational qualifications: II- / G-I-I S:c. h Ó ð 10. List In}' related professional certiii ·ons and licenses 'W . ch you hold: c¿-fi . sition: 12. Desaibe experiences. skills or knowIcdge which qualify you to servc on this board: (pJcasc attach . br.icC resume) Note: This application will remain on file in the Çi~,~or a period or 2 years from the date it was submitted. It will be the appliþj ~ly tb' «lime mat . current applicaåon is ~~:~1ION 02:'13:'2004 17:11 FAX IgJUUZ/UUZ RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT:: MERRITI PARK HO~ OWNER'S ASSOCIATION (4 yrs) BOARD MEJv1BER PROGRESSIVE RESIDENTS OF DELRA Y (2 YEARS) MEMBER S'W/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUIlFICATION COMl\1I1TEE FOR THE NW/SW RE[tEVELOPMENT TASK FORCE) MEMBER DELRA Y LOOP a.CO-MAN.A.GED TROLLEYS FOR OPENING DAY EVENT b.WORKEJ) ON CLEAN-UP COM1v1ITTEE DAY BEFORE OPENING - OF LOO]t>-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCE:MENTS OF THE FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMJMJ:TTEE FOR THE MILAGRO CENTER 3 'd~-1' DRRAY BEACH ß.J-, 'r-e ~ .&0..... bad G..c: f¡ -et'"ct I Ce 11 ì"Ct ( AlJ.AmerlC8C; CITY OF DELRA Y BEACH 'tilt BOARD MEMBER APPLICATION 1993 2001 information: 1. NameLZ .. M.le LJPrc>IV 2. oa¿ G (! tÆ-- City StpL ~i~~ 3. Legal Residence: State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: SI:I-L/1'Cj-4Øf 6. Are you a registered voter? Business Phone: -'~ S-()S"-t13 DATE , Note: This application will remain on file in the City Clerk's Office for~~~~1Jf!.t[Jrom the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. MAR 2 6 2003 SClTYCLERK\BOARD\APPUCATJON C'TY CLERK I ('f) 9---) ID I h1 9jJ~ 1ñi! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION (j{l!Mm- ~~ ~~ OQ.RAY8fACH .. to' ~ . II .. 1t***,,* PI th £ll .. £; ;;}7 éase typé or pDIlt e 0 o~ In. onnanon: 1. Last Name: lLJe w ell Nameß ML ìfj.Cê. 2. Home Address: City If State Zip Code ;;;.. g Q ÆJE d--,.;j AUe. . ()eJ,fù.r {5ea.~i. r( 33CfYi 3. Legal Residencç: Citv I Sane Zip Code S 6. n.Il ~ 4. Principal Busme:ss Address: City Sane Zip Cod~ ,s 0- .,/J.e 5. Hon1.e Phone~ Business Phone: E-Ñlail Addrè5S: Cdl Phone Fax; fJ6(} J 78- '3otF b"7€uJ elf1- ~ hof.wh:/µ1 &(1)8"t¡3-3'31/ 6. AIe you a registered voter? Yes If so, \vhere a.re you registered? tf)1 ~A Uí~ Î_ \\7hat Board(s) are you ínt~este:d in serving? Please list in order of preference: &J:J rt/ I ~/aJ.1 #11'''' '}- L<A j Zcn J·1l q .(),,¿¿ / j~ .llJej'7~ ~dr((J(JJ i<J ¡ lJl~~f~ Cr;l-(/iC/ l 5,""€. ¡4'tZ/1 í-eLll'etJ 8, , ~~ ~ -?fty ~<?~~ _o~ ~~ch yef!. are- cun:e,n~y s~g ohave pre~':Ïously served: Ø"lea~~ include .c).a.t~s) - - - - --- 9. Educational qualifications: C~((~C¡e ~ .{1l-L!1dU / ¿(j Lfú/C¿ c;C cl c- æ,.~ rJ A·A. (fJ1 i Ú-P/..jJ' 1-7 I ' U I I I 10. List any rdat~d profcssional certi.fica:åons and licenses which you hold: 11. Give your presen~ or mOSt receot em.ployeI~ and position:~ ;- f _ Iê. f? 0./ Î l- e¿ .J re/"J kea/tGí / 12. Describe experiences) skills or knowledge which qualify yon to serve on this board: (please attach a brief resume) I htte:by c~tify that all th~ ~bov~ sbtements are uue, tnd I agree and understand that any misst.aréméIJC of material faces cont>ID~d in this o.PPIiCo.riO;¡;ay cmse forfeiture upon my pll1~ of any appointment I =y rective. _ ~ NI.¿¿. RECEIVED //</Äs ,IGNA . JAN 0 5 2005 DATÉ Note: This applic~tion will remain on file in the City S:le£t<:~ gffice for a period of 2 years from the date it was submittoo, It ,,,ill b~ d1.e applicant's 1@þ~¥î&iÌ¥tkn~ute that a CU1:t:ent application is on file. S\CITYc:LEU\ÐO~A1'tUC.'\ TION -'-I . J ,-"-. I '-''-''-1-'- 110,- -.-'T-T- 1 T'-II-. vD 1 r·..II-.T I u·-.T"I,-" 11.1.-,,-, ....-r 1 Bryce Newell 2&0 NE 2M Ave. Delrav Beach FL 33444 Home (561) 278-3068 Cell (561) &43-3311 E-mail bnewelll@hotmail.com PROFILE Marlœt.ïng and sales executive with 6 years of high level outsíde sales experienc~, with a provE1n track record in d~veloping new business &Ild driving revenue in leading edge technologies. Strong analytiçal, c;reativc, and comnllmication skills developed through assign:mcnts in strategic planning. marketíng communicariom, product launchcs, and training. Excellent leadership abi1iùes demODStra1cd by delivering results through highly moó.vated and imagjnative teams, ProfðSionol Expe,knce FDN Communications; West Palm Beach,. FL Senior Account Executive 4/04-Presem Provide daIa products and servíces to business dJroughout FJorida and GC:OTgja. Primary fO¢us on international multiple location corporations relying on high use data trans.port. In the top running for rookiè of the 21Ñ half of the year award. MeLeodUSA; ~ II.. Senior Account Executive 3/03-2/04 Mìd-Marlœt telecommunications sa]es position in grt:ater Chicago land area. My responsibility is to acquire new Business only. Services consist of. PRJ's. TI's, VPN~~ Frame Relay and Wireless. Typical month includes running approximately 15 new appointments, resulting in 4 to 6 orders nmgïng ITom $506 to $3000. ClearOne Communkaûons; We$tmon~ IL Senior Account Manager 1102-12/02 Videoconferencíng Specialist position. brought on fo establish marlcet s.hare in C.hicago. CompM.Y provides end-tc>-end solutions for v'deo. audio and web conferencing .st;MCCS. Primary çustomer focus is Fornme 1000 and Higher Education market. Tandberg, LLC; Chicago, IL Rceional M~er 8/01·6/02 Responsible for selling TANDBERG Videoconferencmg equipment to Educatíon and Medical Agencies. Par1Dered with conswtants and system integrwoß to provide the customer with a complete sohrtion. Current territory consistS of Illinois, Indiana and Wisconsin. IDView;. Chícago~ IL Busines~ Develomnent Manae:er 10/91· 7/01 Woded with equipment dealers> system integrators and telecommunication companies to develop new ac:coUDts. InCTt;asc-.d company revenue by 20%. by creating a partnership prograDL Developed worlcing relationships with system integrators. equipment manufacmres and telecommunication com.pani~. Consulted 'with IT and Telecom Directors on Videoconferencing services. CSC Office Automation; Rolling Meadows. IL ~or Account Manager 'EDUCATION 1991-1993 1993-1995 219&9/97 A_A.,. Business Management.,. College ofDupage, Glen Ellyn, IL BS~ Business Administration, Loyola University~ Chicago> IT.. c.....·...J oc. I , I" I .- IIP.- -,- T -T - I T."/.- . ...·P,I ~''''lîlT I U·.T....",Lll.lîI-' ""'T I ~~l~ ': 8~AÇ~ ba.w:II ;Iïii! 1993 2001 RECEIVED FEB 0 4 2005 CITY OF DELRAY BEACH BOARD MEMBER APPLICATIÛtJY CLERK Please ty e or rint the foUowin information: 1. L"lSt Name: C' ., 2. Home Address: ~y IS- L:AI(~' ¡ I.~ f..-vD_ 3. Legal Residence: SCl./"Y\ '2- 4- Principal Business Address: S H rt~ "E:.£. ~ ,"'.¡:l,'<.. t.£ Ti ~ G R...D0 F 3 '--J I ~- L A {(.<¿ 1I d:'.-l.0 I '- V D 5. Home Phone' Business Phone: Name L( Citv D~ City State FL S~1.tc 1''01. 1. f4 Zip Code 33 Yl./. Zip Code City Jy¿L. A ~ y ß<2;4 C-H E-ß-bil Address: Cell Phone: State Zip Code ( --L.- 33~l/.Y- F~DC 5&1 ~37-<S77¿' ~l f{f¿;'S;-l/l!IS- 6. Are you a registered voteÛ 7. W'hat ßO;lcd(s) arc you interested in serving? Please list in order of preference: -uJl 8. List all City Boards on which you are currently serving or have prcviou'ìly served: (please include dltes) . ,0 - A 6 0--::;- 9_ EducationaJ qualifications: Ht List any related professi.onal certifications and licenses which you hold: Ab\í-t 12. Describè <ú:v:,J:::..J....c..c-- r'NL+ð h.D~ rn ''''E: ~ ~ lL~.iQ- c..~,fV'oV~jc....~.t.v'\. S~\\~ 4-0 t....I'Qcct=~ \~-"":.\-v:.):.Î o-~o/\.c ~ ú.l\ .... \..1c.:{VÙ:-.? .!'., C:-,,¡.., I hereby certify dut all the above statements are true~ and I agree and understand that a y misstatement of material faces contained in this applicanon may cause forfeiture upon my part of any appomtment I may receive. SIGNA TURE ;;l.í/il O,~ DATE Note: This appllcation will remain on tue in the CIty Cleck~s Office for a period of 2 years from tJ1e date it \J,las subnlÌtted. It 'will be the applicant's responsibility to ensure that a cu rrent application is on file. 5 ICrn'CLERK'.O\ )AJ<D\APPLlCA liON 2-d Slvv-SS8 (ISSJ Ui3Ii3I4e-4S e-s~ì d8C:21 SO VA qa3 LISA SHAHEEN 3415 Lakeview Blvd. Delray Beacb~ FL 33445 (561) 865-4415 PUBLIC RELATIONS AND MARKETING PROFESSIONAL Results-orientated pubhc relations and marketing professional with more than 16 years direct agency experience coupled with an eight year background in sales, marketing, staff development, sales training and budget management. A creative self-starter with the skills to effectively implement comprehensive marketing plans, manage special events tor both the public and private sector, establish product awareness and consistently achieve clients' desired results. PROFESSIONAL EXPERIENCE Ability Glass & Mirror, Boynton Beacb. FL - President, 6/04 - Present Shaheen Marketing Group, Delray Beach, FL - Owner - 7/95 - Present Shaheen Marketing Group provides comprehensive marketing and public relations consultation to a diverse client base. Services the agency provides includes: marketing strategy and concepts. internal and external public relations, media relations, special event promotion, copywriting and crisis management. Every client's marketing/public relations program is customized to suit their specific needs and each creative campaign is carefully designed to reach target markets. Rubin Barney & Bjrger~ Miami, FL - AccouDt Supervisor 11194 - 7/95 Managed publicity campaigns for national and regional accounts with combined annual billings totaling $500.000. Kreps & Adams, Miami, FL - Account Supervisor 11/91 -11/94 Managed accounts with annual billings totaling $200,000 and contributed creative input to several other house accounts. Ability to manage multi-faceted budgets for special events as well as coordinate details and gain media exposure. Responsible for generating new business and proposal writing J. Berg Creative G roup, Miami, FL - Account Executive 6/90- 11/91 Managed house accounts while consistently developing new business leads. Assistant publisher and writer for I ,f'~al Rriefs. Designed comprehensive advertising and public relations campaigns for Hispanic market. Extensive sports marketing experience. American Bankers Insurance Group, Miami, FL - Research Analyst 8/89-6/90 Researched new product ideas from a financial, marketing and operational standpoint. Assisted Iß product pricing with actuarial department. Conducted marketing research. 8DO Seidman, Boston, MA - Marketing Director 9/88 - 5/89 Designed and facilitated marketing programs for three branch offices. Coordinated trade shows, designed promotional materials and managed public relations campaign. Add-On Data, Boston, MA - Vice President Marketing Sales l\tanager 1981-87 NCR Corporation, Hartford, CT - Sales Representatiye 8/85-11186 COMMUNITY LEADERSHIP Lakeview Civic Association, President 2003,2004 Delray Beach Education Board 2003, Vice-Chairman, 2004 Board of Directors, Public Relations Chairperson, New Directions-American Cancer Society, 1993 - 1998 Miami Centennial '96, Co-Chair Public Relations Committee, 1995-1996. Co-Chairperson, Community Recognition Program Committee of the Greater Miami Chamber of Commerce 1995 American Marketing Association, Board tvlember 1989-1993 - V.P. Communications 1993 Leadership Miami, Class of 1993 EDUCA TION Providence College - B.S. Business Administration/Accounting - 1985 ç--d CT........-CQQ fTQC¡ U"","",UPUC Pi:;T. rlCC'"~"?T en ¿,.n n~..I MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGERt111 AGENDA ITEM #q:s- - REGULAR MEETING OF MARCH 1. 2005 APPOINTMENT TO THE CODE ENFORCEMENT BOARD TO: FROM: DATE: FEBRUARY 25, 2005 Ms. Gilda Fernandez was removed from the Code Enforcement Board due to her missing three consecutive meetings creating a vacancy for an alternate member with an unexpired term ending January 14,2007. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following have submitted applications and would like to be considered: John Bennett Attorney (also applying for Board of Adjustment, Nuisance Abatement Board and Neighborhood Advisory Council) Pearl Markfield Elrod Realtor (also applying for the Board of Adjustment, Nuisance Abatement Board and Neighborhood Advisory Council) Gerry F ranciosa Law Enforcement (also applying for the Neighborhood Advisory ~ouncil) Bryce Newell Senior Account Executive (also applying for the Downtown Development Authority, Neighborhood Advisory Council, Nuisance Abatement Board and Board of Adjustment) Samuel Resnick Engineer/ Architect/ Code Administrator (currendy on the Board of Adjustment) Stanley Watsky Real Estate/Insurance Agent A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3) for an alternate member to serve an unexpired term ending January 14,2007. Recommend appointment of one (1) alternate member to the Code Enforcement Board for an unexpired term ending January 14, 2007. ~ ..~"-' - W 19~;a . "20Ø1- /ð-I-¿Jâ i?d :I'eel Aft¡ :'" P1e.ase'ttDe Q.r¡-QPnt.the foU~·in£ØP1,\2tiø,n: -·1. LaStNm;~~ ,-~..., .:-~ .' .: '. . 'v6/~£-rT '-2. . Home Mdièss: /3~ ·S~/l..C~ ~ . 3. Legal R.csídence: d~Ç- .' 4. . Pñnc;ipåJ':~':I'Ùl~-S$' 4ä~ess:' : i..,,: ~~. N /A (~''''d d~~.) '! .'- -·5. Home p~~~: :B,q~es5- Phóne: - ~M2j1r~~s£ . . i€cll'Pl1o~: 2?4-gK6'o - G.J;~ó(dGl(':J<!~-Úi ~14--8160 "6~ Are'yeu a ~egis_t~~4'vòtØ-? .' ·n}S9~'.w.berc.arc:J¢>u·:íqi~~?-. . y 6:S' . " .' .?3"&-~Y 7i~ :.'1~' ~~:'~~(-ij' m.ÿoú· ìn~téa.Ûi ~?:P~c~Jiit:~~'1:~¡m:(éi~,,~~ CITY· Q·F(DiELRA¥· BEACH IJßA_,D M_¡.'.P:PLICA~IØN ~ ,'- . .,-~.,. ,..", . , Z on e, J aecüJ~~e ~ -';Name JOifN '. .,.' ....6···:· . :·'~'~õ~K~ 7:~tt. , , :State '~ , f·State' '--N.l :, c- w. . ~'~-"" Q:Kij:. .. .. . . - :73~t¡~ ,Zip.'ßÖâ~_, . .. -, ~State ~Zìp~~e ' _.~ Fàx: 2:;4-/1-« .\, . .. tVa.<jl./..,rk..J' ~""'7 ¿,<-..: I) 8£:>4",,(' ðf dJ;,çl~k..¿f- /VtuJ.C4. G- Ä/:=-t;;..J Cðc<-;;P ~ 's. üst aU Citf~OardS1'oñ:wh1ëh':y,óú ~ éuirénd)' saving ór'h.vc;Fm~ìij,.ervcd: (p.IW~.1ncJúdc:da~) ). " µ'nn¡S '6"<Á.-t/;¿s wk-- ~ (~J I), l1š/""'-S 2PID,~kÞn~ ~_:ff~<--, /4)1-ò?- ",9.. EducaóonaJ qualificaåøns: " .... . ,/:3,..4-. (ü/ hr~L.1r4»~ ) S ~h. h..¡Y~ G./~ ~ ;:h Þ Cur-rIZ..J~~ UA,..J ~ ~ ~/t--." LL4µ~ (/hltÆ...~;t, 4- LJ~jt.ihr~, ·to. Ust any rd2ted-profesSi~~åft¢~ä,tions 'and ~cen'~~'-~ch you'hPla: .~ ~~ / z).xSh-;-d ~¿ I'....L /.. ". Z?~/ -7 -,. . . -< ., - .' -. ." -1.1.. 'Give your'pre~en~ or mô~(~~~~pJóye'i) an4 ~~iia~ " .' a; U.s. NA-·VY· S~ -;J~~#DVlJ~ ~.I'1~ÉI"C.A//JV;82.- 1.f'.Páé' ~~,.J J . / ~2. 'Desaibe eXpéOcnœs.:akillS-O¡:boWJedge ~"~;~~~:lCÌVe',~"~>~ ~~~,ä, ~~~~ë) '. .. ~ æ~.dt·~·} " ~ . .. / .... '. . . '. -l~~ cmis:..·ih2~:a1l thè ~c ítatdn~.are:~ aDd!l '~{.øa:Und~\~åf.n' ~(öf!ìDa~ro~J4Cts:' "'1 &1, ' , . . ,. ' ' ~ ',_ ' ,. . , ,'. ~, . y ..' '.' . ~taincd'in ~..ppJiCl9~ ~ý'ca~~ (Qîf¿~.~ my ~:~f~y~~.~~~t:I øiay ~c.',' . ç~ .' . . .()c.h~ ~/~ .:~1uRE . . ' . . j' ~rE , .I. : Note: This·app1iç.åori ~ rmi*iri 00 fi1c m>1be'City' ~I.~ffl~:~'ihc aw: in/as' .... , . submitted. It Will be-tbe.appliCant!~'røponsi~ty,co.cns~l&t~'~~.p , ·caú~;is ~-@e. . . ~1ION OCT ··.~_·t 2063 . ¿p /;.t- I""ITV "I r::DV JOHN C. W. BENNEIT 137 SEABREEZE AVENUE DELRAY BEACH, FL 33483-7017 0" f .. COMMUNITY ACTIVITIES: Beach Prope~ty Owners' Association (Trustee 1999-present; Vice Presid~nt 2001,2002) o Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: "} 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL ED"UCATION: o Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 - B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS , NEIGHBORHOOD ADVISORY COUNCIL: ) · Active for past several years in the affairs of my neighborhood association (Beach Pr9perty Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community through service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF ADTUSTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. ) · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. j OflRAY lEACH ....... - /:t~/kr . '1-JJ-Ó.J ....** } ;'ïi~ .-- '1993- 2001 CITY Of ~ELRA Y BEACH BOARD fJlEMBER APPLICATION £Lt2-0 'b Id.L ~ty/) (]..fl- (2~ìo /1 State Zip Code FL 6. 7. j 8 -- . 9. E.ducatiotW qualifications: II I G-I-! S?C h Ó ð ) Note: This appliation Will remain on file in the Çl~,~or a paiod of 2 rars from the chte it was submitted. It will be the applicant', respo~Jlily tb'.!ñšurc that a current application is on file. 8'CØY~11ON i1J/~UU4 ~J:~~ ~AA ) RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NA1l:0NAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) - PRESIDENT: MERRITI PARK HO:ME OWNER'S ASSOCIATION (4 yrs) BOARD J\1EI~ER PROGRESSIVE RESIDENTS OF DELRA Y (2 YEARS) \ ,} MEMBER S""\W/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITIEE FOR THE NW/SW REI)EVELOP:MENT TASK FORCE) - MEMBER DELRA Y LOOP a.CO-MANAGED TROLLEYS FOR OPENING DAY.EVENT b.WORKE)) ON CLEAN-UP COMMITTEE DAY BEFORE OPENING " OF LOOlï>-PICKING UP GARBAGE IN SWINW SECTIONS c. WORKED AT DELRA Y FRESH MARkET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCE:MENTS OF TIffi FOLLOW ING WEEKS OPENING CEREMONIES ME:rvmER FUND RAISING COM:MITfEE FOR THE MILAGRO CENTER 1l,J 002/002 -. -- 06,'10."03 'l-cE 11:09 FAI. 561 243 .;1774 FHo\ 10. : 561266Ø7...¡6 (ITI CLEt{K Jw-a. 1ß 2003 09: "'¡"'¡PN P1 1W,~ vv;. 0-1 : t?éR-sH t ., Pfcllf~~~ ~ 1993 2001 CITY OF ~ELRA Y BEACH BOARD MEMBER APPLICATION )4.t 1~ 2. 3. 4. Pàncipal BLJ~ Add.r~ City State Zip Code - 5. Hòme Ph~ s/'12itObO¥ 6- /ue. you ~ c~giStercd voter? Busina6 p~ 1 Fax: J ut 0#& 1. ~ ndy ,et\"Íng ~ MÝe pm~ous1y cet"'"cd: (pleas~ iødudc ) 9. 1Q. List ~y rdatcd pJOr~$ÎoJU1 ~ar.iotl, 2nd Jice.nJes,1Ifbicb 10\1 hold: 12. Daaibc apaicnccs. skiI1a Or ~1ed¡c wJûc:h . you to '1ef'V'~ on this hoard: (PJeüc aaac:h a båef resume) 2.pplì~âoø ~ ~cJNin Oft 6Je in the Ciqr Oerk'£ Oificc' a period of 2 Y~$ from th~ date it 'Was sub 'tœd. It will be the applicant·, responåbi1i~ to e%1aurc that a cum:m: ~c.aÚOD is 0:1 me;. . .crrr~~"'II'UCA11Oti 'j RECEIVED JUN 1-.1 2003 ~ITV ~I t:al( ifñr 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATIÒN (jtltJllof ßß" ~~ OeAAY"S£ACH .' ~:. Co 0: C ,.' II . 1t*,**,* S 6. W1 '2.. 4. Principal Business .Add.r~s: ~a W1 Æ! City ;17 M.L St~te Zip Code rl .3Jlf,( Salre Zip Code State Zip Codt: Please (: or IÏnt the foUo - infOnrultÍ.On: 1. Last Name: ÆJ e well 2. Home Address: ;}.go ÆJE d..,.)j A Ue. 3. Legal ResÎdenCé: Name /J Iv;- C ê- City (}eJ,~ {5e~h City 5. Home Phone: J6( J 78- 30tF 6. Are. you a. registered voter? Business Phon~ E-Mail AddréSS: Cdl Phoné: Fax; es bl1€uJef/J ~h,fMa:~l (¡tZ 8t¡]-33f/ If so, where are you registered? ~Æ í. Wltat Board(s) are you íntere:st~ in serving? Please list in order of pteference: ð?~ ~/aþt ,,; /1 L<A j Zen J"/{ C1 ~V4 /"1 ÆJejqt !.;JtJr(qfJJ /J j VJ~:f CC4:/JC/! S ,7€.. ;4~/I t:eVl'e . 8. " ~~ ~-:. ty "~~~~._o~ ~~ch y art- cune"n~y sel:ving 0 have pr~viously served: lea~~ in~l':lde .~a.t~) 9. Educ2.tional qualifications: A·A. Ie¿ to. List any rekt..:d professional certifications and licenses which you hold: 11. Give your presen~ or mOSt recent employer~ and position: / /- f _ -Oa .J fe/'-, Rea/tcí 12. DescnDe experiences~ skills or knowledge which qualify you to serve on this board: (please attach a brief resume) Iê ~ 0.1(;" I h~eby certify that ëill the 4iböve statements are true, 3nd I agree and understand that any mis$t~ttmtnC of material faces ~n~ ar;;;.;¡y cause forfeí~;~;, ~ ~~ny appomnn~ ì;Ä;tlV~ ')GNA . 2005 DATi , JAN 0 5 Note: 11û.s application will remain ?fi file in che City ~l%~ Qffice for a period of 2 yeus from the date it was submiued. It '\vill be d1.e appJicanrs 1@p-¡;¥ì1ß~~t\UI:e th.at a cunent application is on file. s.crryÇI£U\BO~UCAnON Bryce NeweU 2&ONE 2Dd Ave. DeJrav Beacb~ FL 33444 Home. (561) 21&-3068 Cell (561) &43-3311 E-mail bnewe111@hotmailcom PROFILE Madœti.ng and saJes executive with 6 years of high level outsíde sales experience. with a prov4!ln track reoocd in developing new business &nd driving revenue in kadíng edge technologies. Strong analytiçal, aeativc, and oommunication skIlls developed through assignments in strategic planning, marketíng communicariQDS., product launch~ and {(aining. Excellent leadership abiliues demoDsmued by delivering rc:sults through highly morivued and imagjnati"e teams. ProfDSionll/ £rp~,im.ce FDN CommuniatiolU; West Palm Beach.,. fL Senior Account Exeattivc 4/04-Prescnt Prov:ide daza productS and services to business dJrougbom: FJorida and Gcorgja.. PIiromy focus on international multiple locaúon corporations relying on high use data transport. In the top running for rookiè of the 2114 half of the year award. McLeodUSA; ~ lL SeniQl" Account Exca.ttivc 3/03--2104 Mìd-Marlœt telecommunications saJes position in greater Chicago land area. My responsibility is to acquire new Business only. Services consist ot PRI's. TI'~ VP~~ Frame Relay and Wireless. Typical month includes ruonmg approximately 15 new appointmentS, resulting in 4 to 6 orders nmgïng trom $506 to 13000_ ClearOne CommuniattÎons; Westmont, IL Senior Account Ma.n32er 1102- 12102 Videoconferendng Spedalíst position,. brought on fo esrablish marlcet share in Chicago_ Company provid~ end-to-end solutions for video, audio and web conf<::rencing S¢MCCS_ Primary customer focus is Fortune 1000 and Higher Education market. TaDdber~ LLC; Chicago, II.. Rcmoœl M~ 8101-6/02 RespollSlòle for selling TANDBERG Videoconferencing equipment to Educatíoo and Medìcal Agencies. Partnered with consultants and system ínte~ors to provide the customer with a complete solution. Current tmitory consists of Illinois, Indiana &nd Wisconsin. Iu VieW; Chicago. II.. Business DevelO'DIIlent Mana~cr 10/97-7/01 W orlced with equipment dealers» system integrators and telecommunication companies to develop new accounts. Increased company revenue by 20°,4 by creating a partnership progratD- Developed working relationships with system. integrarors. equipment manufacrores and telecommunication companies- Consulted with IT and T cI~om D1rectors on Videoconferencing services. CSC Offiœ Automation; Rolling Meadows,. II.. Mgor Account Manager EDUCATION 1991-1993 1993-1995 2/96-9/97 A_A_~ Business Managemen~ College ofDupage, Glen Ellyn,. IL BS~ Business Administration, Loyola UniV'eISÎt)·:- Chicago. IL CITY OF DELRAY"EACH t1Je .Æk:,jE/1:] BOARD MEMBER APPLICATION 3-cJ9-t?4> Please e or tint the folloWÏn information: 1. Last Name: ~. 'e. 2. Home Address: 1, t)3 ~ tù l?'" ~-f-\'.Qe:r 3. Legal Residence: -S .e. 4. Principal Business Address: Name ,? City 1)e..l City ~~U1-e. City State Fl. State State Zip Code ?Q.~-e.. Home Phone: Business Phone; Fax: 7. 8. 9. ~ Colfk I hereby certify that an the above statements a£e tnIe, Ø1ld I ~grre and understand that any ~statement of materud filets contained in this application may cause forfeiture upon mY"Í?art of åri~ appomunent I may receive. ,{/d ,C.J ~<:J. Zoð 4- DATE Note: is app]1cation will remain on file in the Gty Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's r~ponsibílity to ~sure that a CUttentappli~tion is on file. _ S'ClI'YCLEJOOBOA.RD\API'Lk::ATtON Samuel Resnick 2835 SW 13th Street Delray Beac~ Fl. 33445 Ph# 561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated ttom City College of New York: in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) . 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticu~ New York, Mass., Vermont, Delaware, Pennsylvani~ and the National Council Architectural Review Board. \ ) c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards ComÍnittee trom 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. . c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction nom 1995 to 1996. ) . 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978:- Private practice as Architect-Engineer. e) From 1939 to 1957- (~xcept for two years in U.S. Navy and ~years in enginering school) worked for various architectural and engineermg~. /:,~,:~.::'. \. ',.:' '. ...' , ,,' - '~- /~L a.l~."~~.~.~..-..,i-->'~'~"~ -' .u~_ -,' '~-,;u '<' - .:;~~~ "..". ... .. . . -. Io. ._ .. -: -. ...... . -0- :.- -': ::.. °0 . ~ - - . . .- - ..' .... . .:. . - 0" . _ !'::' , .:'-'-_~~~~;~~£O,~:'? .-..". .' ". -ç. --................ . . - -~...... . . - - ....-.::; '. - - ." .- -". - ...1 - - .. . - - - - " . - .- .. ." - -,..- - . . - ,. - __A _ _ _ _ - . . -'- ... - - - -- .0 . _ '., ". . - U_ - _";..0. . . "00: ._0. ._.0._ . . . . - - - . -:-... . . -. -'.- . .- - - - - . t-øQ\\S):l;~~~~ w.~-Ø:>..~s.·~·ollows.: . ..:.::...'.. . .'.....:"':'-:. . - ". - .0 . _.__ 0" ..: . _ 0" I C _,:.0 0°' ._:..._._:..:_:._.....~. '0:" eo_. '." .. . . '. . :..~.:"."'..~' . . ~.: . .."'.- 00. - -~: . -'. -.- 'g~(~~:~:u~~~~¡ ~ 'A,*,*** ;I'n~~~ .-6-g0-?O ÐÐ.RAY BEACH ....... J 'fii~ 1993 2001 CITY 'Of ~ELRA Y BEACH BOARD MEMBER APPLICATION . inforination: N v-:> N~e 5Tt9 ¡d ¿ 1£'- City ~.-A/- M.L . 3. µg2l Residence: State ?-iP Code T-'-- ;r~ q-. State Zip Code City 4. City State Zip Code s. Home Phone: Business Phone: ·E-MaU Address: Cell Phone: Fax: {it ~ f/)ó 6. ke you a registered voter? r-..... £" 5 . If so, ·where are you registered? 7. What Board(s) are you interested in serving? Please list in òrder of preference: 6-0 Q C CtJ ~ _ ) 8. List all aty Boards on which you are curr~~ or have previously served: (please in.elude dates) ~,... 1-. ò '-J'- - I / /.' ~ l=~¿.:L 9. 10. List an)' rébted professionaJ ceråtications and licenses which . il/l . c- ~ IiZ c-/1 /_ 11 I J..-Y ¡;;t¿ ~ 11. ~ive your present, or most recen(t employer, and position: 6 ~-- 1~ Describe ~erienœs, skills or knowJedge which qualify . - J þ' J herebyeeråfr Wt all the above statements are true, and I agree .and under5t2nd that any misstatement of material factS contained in this application ay cause forfeiture upon II\Y part of any appointment I may receive. .. ~~rÄ 3 SIGNhTIJRE DATE Note: Ths ap 'cation will remain on file' in the City Oak's Offi~e "~lðbÞes from the (Ùte it was submitted. It will be the appliant's responsibility to ensure that i. current ~ptiation is on file, JUN 302003 .-an~ CITY CLERK ) MEMORANDUM SUBJECT MAYOR AND CITY COMMISSIONERS CITY MANAGERtJ1VÎ AGENDA ITEM # q \Z. - REGULAR MEETING OF MARCH 1. 2005 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY TO: FROM: DATE: FEBRUARY 25, 2005 Ms. Rita Ellis has submitted her resignation from the Downtown Development Authority creating a vacancy for a regular member with an unexpired term ending July 1,2005. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of realty within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. Currently serving on the DDA and meeting ownership and tax payment qualifications are Mr. Louis J. Carbone, Mr. Perry DonFrancisco and Mr. Richard Sheremeta. The following have submitted applications for consideration: (See Exhibit "A" attached) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered with the exception of Mr. Kenneth Kaltman. Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5) for a regular member to serve an unexpired term ending July 1,2005. Recommend appointment of one (1) regular member to the Downtown Development Authority for an unexpired term ending July 1,2005. David Beale Mark Deutsch James Houck Kenneth Kaltman Jack Licht Bryce Newell Francis Marincola J ames O'Brien Kenneth Peltzie Andrea St. James DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" (meets tax qualification) (currently on Board of Construction Appeals) (meets tax qualification) (also applying for Nuisance Abatement Board) (currently on the Education Board) (also applying for Board of Adjustment, Code Enforcement Board, Nuisance Abatement Board and Neighborhood Advisory Council) (meets tax qualification) (meets tax qualification) Clean, :Hea[tliy, Comforta6fe .9Lir CLIMATE CONTROL SERVICES Deerfiefd Beach ......................954-426-2081 Defray Beach ..........................561-278-7125 West Palm Beach....................561-848-3774 Stuart ..... ....... ................ ........ ..561-223-8583 Fax for Sales ..........................561-274-3501 Fax for Service ....................1-800-791-5647 - It .. CORPORATE HEADQUARTERS 1900 McNab Avenue Defray Beach, FL 33444-1598 * * .5llward Winning Service * * "Sina 1973" January 14, 2005 Chevelle Nubin City Oerk 100 NW 1st Avenue Delray Beach, FL 33444 ~ ~'% :.: ,,'-, ~.. :' I!....:i ,1-':1 '/Ë >-, .. .. D -." 1\; - _. JAN 2 0 2005 C;rry C~LERK Dear Ms. Nubin, Please accept my resignation from the Downtown Development Authority effective March 8, 2005. I have enjoyed serving on the board. I am resigning in order to run for elected office of City Commissioner seat #1. Please feel free to contact me should you have any questions. ~?i rely, (-. ~ - ,~Q Rita Ellis C?('(\r C~ FIorido Air Condittorring ConInoctors Association ~...~ ~ * AIR CONDITIONING SERVICE & REPLACEMENTS * MAJOR APPLIANCE SERVICE CONTRACTS * INDOOR AIR QUALITY SERVICE * PLUMBING SERVICES NðDCI1 ...nOUl lit .00 nUI£lS I$SOOl"OI 12 13PM DAVID A. BEALE, P.A. Dee 17 2003 : (561) 243-3166 p_2 ~~._.. 11~~.~I._.(".~!lA: ;r.. _'ift.í~. .,...!\.....o\..:I~1.=-~¡ 12/16/03 TUE 16:09 FAX 561 243 3174 CITY CLERJ< ~002 P\t;~~~f" .- 'iïir . "1993 .2001 CITY OF ~E~RAY.~EAÇH BOARD ""EMBER APPLICATION Name' Q::> Au" D City caøe, I.a. ~ Oty s~ S~t.e ~. J. A-: Zip Code " 3" Jqp .Þ Zip Code Cicy State 2.ip Code /Y''o/. ß~cL- A- ~~3' Buúoe¡s Phoac: E-MAil Addrc.s: 9:JI Phone; '$C I Pax: 51!» I V-~" ~~~&-(~77 J.aJ:aae.O)r"t.I..· ølt3-.J.ò~(J :J-.1/~' - 6. Are you a registcced voacr? . I( lo.·...hae arc you rq?stercd7 a ø CA. ~ . . 7.- Whai;Boatd(l) ue YO\1 m,'cn:ncd in~? P1ca,c list in 'order ol.pm:~c; . bDA- , P.;.-Z- Pit S· Q.~ 8. l.út idJ Qq" ~OUd5 on which yo~ art cuncndy scrvinë or have p~ŠJy .erv~: (pJ~e ioclude d.te$)" ..J I . ~4.~ 4f. Pånàpal Busin", Address: 3.~ Lie. ~~../ tfÞ-, 9. EdllcatioJW,quJ1ifiéatioøs: Cò",.ul 65 . fd..J~ ~ :r D 11.. ivc;our pri:seot, or mOISt J'ecc:nt anpJoYU"and poQl:Ìon: ~ . ladel raum ~ ~~tI'L- I.l-- ~, - . . . . ~c·aIl IItc .bove '&Dlcmé:oa He U\k.. J .pee.and ~eøGand rhu my lDÌsn;wa:mcut oE maU:åal lacu . lbis.ppIia· _,. _lodci...... V I<!D my put of any .~~1_cive. . A '. , . . (~ l.ðú3 IE . . D , . Note: ·Thls 'ppJication 'Will remain on 6I~ in the City Oa;kt5 Office for. þcriad ol2 yean £rom rh~ date it was submiucd. It will be d1c app1icaIltl', rcspouibiliry 10 ennm: wt. cutrcDt appJj~tioD is on Se. ~ RECEIVED DEC 1 7 2003 CITY CLERK DAVID A. BEALE, P Â. Attorney and Counselor at Law 355 N.E. 5th Avenue - Suite #1 DELRAY BEACH, FLORIDA 33483 TELEPHO:--:E (561) 243-1477 FACSIMILE (561) 243-3166 EMAlL d.138@.comell.eclu ADM ITrE D: FLORIDA A."iD =,EW YORK CELL PHONE (5611213-2040 NEW YORK OFFICE: 750 THIRD AVE~UE . 29TH FLOOR :'\EW YORl<, NEW YORK 10017 TELEPHONE (212) 949-0203 OR (212) 682-2288 FACSIMILE (212) 682-2474 DAVID A. BEALE David A. Beale is a graduate of Cornell Unîversity (B.S. 1971) and Fordham Law School (J.D. 1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (990). David Beale is a member of The American Bar Association, The Florida Bar Association, New York State Bar Association, Association of the Bar of City of New York, Palm Beach County Bar Association, and the South Palm Beach County Bar Association. He belongs to the Entertainment Arts and Sports Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the Intellectual Property Law Section of the New York Bar Association. Mr. Beale has spent his entire career representing the needs of small businesses and their owners, the sizes of which range from start-ups to companies with $100 million in sales. His practice encompasses all types of corporate, partnership, employment and commercial agreements, including leases, property purchases, and financing agreements, as well as all types of litigation that relate thereto. He is able to work with clients who have sole proprietorships as well as partnerships and corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation, corporate document requirements, employment agreements, shareholder, voting and buy-sell agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors rights. Mr. Beale can give guidance on vendor, service and software agreements, as well as negotiate and litigate disputes over same. . Mr. Beale frequently develops new approaches to issues and problems when advising clients and, as needed, when litigating on a national level, while remaining constantly aware of the client's desire to remain cost efficient in today's economy. On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills, trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a client's need arises, he works with the best attorneys in the fields of matrimonial, personal injury and estate planning. Real estate closings can take place in his suite, with tide work done by associated counsel. Clients of the firm are found in the areas of banking, publishing, distribution, marketing, licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulftllment, accounting, non- profits, party planning, catering, equipment sales and financing, and employee management and training. He has extensive experience in employment law issues, and spends a great amount of time counseling companies and their human resources professionals with questions concerning discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of employment law issues. Mr. Beale is outside general counsel to a national and international distributor of magazines and books, employing over 1500 persons nationally. Mr. Beale has also represented national magazine and book publishers, and film and ~ video producers, and has negotiated and drafted contracts for clients that cover every conceivable area of need, including copyright, trademark, rights acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and sale agreements. He also has extensive litigation experience in state and federal courts allover the country in all related areas, which include infringements of all types, libel, slander, invasion of rights of privacy and publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in these areas. COMMUNITY ACTIVITIES } Mr. Beale believes it is important to participate and give back to the community he serves. As such, Mr. Beale is a member of the Delray Beach Chamber of Commerce, where he sits on the Local Governmental Affairs Committee and the Year 2000 Awareness Group. He is also on the Capital Campaign Committee of Pineapple Grove Main Street, Inc. and its Grove Artwalk Project where he does the legal work on a pro bono basis. Mr. Beale also is Vice President for Youth and Education of Temple Beth El in Boca Raton, and is a Director and Executive Board Member of the Jewish Education Commission of the Jewish Federation of South Palm Beach County. INTELLECTUAL PROPERTY AND MEDIA PRACTICE David A. Beale is experienced to handle a wide array of issues and problems in this practice area, including representation of magazine and book publishers, distributors, ftlm and video producers. The areas of expertise covered by Mr. Beale's practice include the following: * Trademark and Copvright Practice - This area encompasses everything from registrations, development, licensing, infringements and unfair trade practices. Experience includes litigation of all types, from the Trademark Office to federal court actions for infringement action, including the prosecution and defense of preliminary injunctions. * Publishing - The firm has extensive experience in negotiating both magazine and book contracts covering the following areas: publishing rights, printing, distribution, licensing and fulftllment. * Media - The firm can meet all need in this area, including, libel, slander, rights of privacy and publicity and all other First Amendment issues. EMPLOYMENT LAW PRACTICE Mr. Beale has represented clients with employment law problems ranging in size from five to two thousand employees, in every aspect from counseling to litigation. He has represented clients before Unites States District Courts in employment related cases allover the country, as well as appearing before the EEOC and state human rights agencies in Florida, New York, Tennessee, Illinois, Texas and Mi~souri. David A. Beale believes the most effective way to handle employment law claims is through a preventive approach. This means that he will work with each client long before any claims arise. If a problem surfaces, litigation can be handled in a cost effective and professional manner. In coday's business environment, companies are recognizing that it is essential for an experienced lawyer co draft and/or review employment policies, procedures and provide training co all supervisory personneL After extensive consulting with the client's Director of Human Resources, or other responsible individuals, in order to determine the problems and issues specific to each client, Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues that may arise. These may include one or more of the following areas of employment law: "'Hiring and evaluating employees "'Supervisory training "'Employment discrimination, and harassment Tide VII, ADE/\, ADA ·Employee Compensation & fringe benefits ·Employment termination ·Employment contracts & agreements ·Drug testing ·No smoking policies ·Disciplinary programs and procedures ·Employee personnel files and right to privacy ·Employee evaluation ·Security issues · .AIDS ·Job safety ·Family Medical Leave Act ·Reduction in force; re-engineering ·Compensation & work schedules In counseling and litigation, Mr. Beale emphasis the business approach that employers appreciate, taking into consideration the need to run a business in today's competitive climate while complying with the law, and helping employers achieve the optimum from their employees, i.e., their human resources. His loss prevention and litigation skills are needed to serve your needs, and work with your Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No employer should face today's employment law problems alone. David Beale will always be available to be your partner in problem solving. DELRAY BEACH '&0.'." õ*..** ;¡¡i~ 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION infonnation: 1. 2. Jew /2-- cI Nam~r M. I./J, Ci~0 State Zip Code e~ FJ- sJ' ~y. City State Zip Code City State Zip Code 3. s /1m E 4. Principal Business Address: 5. Home Phone: Business Phone: E-1fail Address: Cell Phone: Fax: Sti'-~lf)-?J-5'9 StIJj03~ý:)í'g fJeJ/J} -kj,é)/J()L.~Y1J ~5í/iJtJ{ 51.5' S(/-gO]'W~-::)' 6. _ \re you a registered "oter? If so, ""here are you registered? . . t?f iJrh £ F£. 7. \\nat Board(s) are you interested in sen'ing? Please list in order of preference: w' t' I I /1" ¡, /1- 8. 9. 10. List any related professional c:ercifications and licenses which you hold: .- e ¡/It. 11. Give your present, or most recent employer, and position: ¡' ¡- J,..¡ { . Note: This application "'Till remain on fIle in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYClERK\BOo\RD APPlIC o\TIO' w/tl/ß ~/J 519 Curlew Road Delray Beach, FL 33444 (561) 243-9659 EMail: delmark1@aol.com JVlark Deutsch April 22, 2002 Ms. Karen Schell City Of Delray Beach 100 N.W. 1st Ave. Delray Beach, FL 33444 Dear Ms. Schell: Thank you for sending me the information I requested. As mentioned to you on the telephone, I am interested in becoming a member of the Delray Beach "Downtown Development Authority" Board. )have lived in Delray Beach for 5 years and have been involved in the community for most of that -time. I was an Ambassador with the Delray Beach Chamber of Commerce for a number of years. In fact, I was awarded with the "Rising Star" (See Attached) award for my dedication of time, and the participation in various sub-committees that would ultimately benefit the Chamber and the town of Delray Beach. In addition, I have been involved with many charitable organizations and the planning of a number of events on their behalf. I have attached two news articles that detail some of the work that I have done to benefit the people of our community. Per your request, I have attached a current resume, as well. My motivation to become part of the "Downtown Development Authority", lies in my desire to improve the community that I live in. Delray Beach is a wonderful town, and as with other growing cities, it faces many challenges. I believe that I have the knowledge and the drive to be a contributing member of this important committee. Thank you for your consideration. Sincerely, ~~Æ:b-~ RECEIVED API? i 3 2002 CITY CLERK Mark Deutsch PS SUN-SENTINEL, WEDNESDAY, NOVEMBER 18,1998 ----------...- - De/ray Beach Chamber names ambassador- DELRAY BEACH - Mark Deutsch is the director of "Easy. livihg," a program that was designed to help keep seniors living independently in their own homes. This program was initiated by the -largest senior community in Delray Beach and provides convenient and affordable home, health, and personal services to older adults in Palm Beach County. Services provided include home health aids, skilled nurs- es, 'housekeepers, handymen, delivery of hot meals, trans- portation, companiõns and live- ins. The program also has a state-of-the-art personal emer- gency system. Prior to joining the program, Deutsch spent 15 years as a marketing director of a Fortune 500 Company based in New York and Philadelphia. Deutsch jOined Easy Living after experi- encing difficulties locating rep- utable health and personal ser- vices for his 94-year old grand- mother, who continues to live in her own home. In addition to being a mem- ber of the Delray Beach Chamber of Commerce and part of the Ambassador Comrnittee, Deutsch does vol- unteer work for Sandaway House Nature Center, Hospice of Palm Beach, and the American Cancer Society. He also serves on Ruth Rales Jewish Family Service "Senior Service" Board. He is a votun- .. ..~ - ...... ..... -' ~ -.. .. ··...-2 ........ :.'. ,""",:-.. . ·e.- ~~~..._..¡;...~ " ~~;}~:~:.~~\;:~ ~~~tt ~~i~ Mark Deutsch is director of the "Easy Living" program. teer Big Brother to a 10-year- old child and serv~s on the public relations committee of an important new Palm Beach County organization called "Partnership for Aging," which works to enhance the Quality of life of older adults and their· families. raJ = -,. 0 0 N = .; .... 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II; I.... \ 'l /S(" .. t ~ .)~ -"""'....~ fIIoQ fII#.~a¡:~'" .t!,þ /....,,_ f Ptj<1> o (.) o "'" bO<1> ~ a o a ~o ~o ~C+-t ~ 0 en "'" bt)<1> s::...c 0.-4 a PtjCd S::..s:= CPo "'" ~~ <1> Cd s:: <1> Cdç:Q '"O~ s:: Cd Oj~ s:: <1> o~ 0.-4 ~ ~ OJ Q) (.)~ . .-4 Cd '"0<1> Q) ~ Ptj~ J-4 Q) cS..Q ..E-c S::<4-c .S 0 en "'" Cd 0 (.)'"0 (.) ro o rn ~rd ~,.c ~~ ~ s:: bOOj s:: '.-4 en en Cd 'f""'4 "'" "'" "'" <1> O~ ~(.) . . s:: C'\1 S ,.. .f""'4 .. . . - '.' .' . .... . . . 0. _'. . . .... . . - - ...- .0 ° . .. . . . . .- 519 Curlew Road Delray Beach, FL 33444 (561) 2~3-9659 E-mail: delmark1@aol.com Mark Deutsch Career Profile Versatile, cost-conscious, Marketing and Management Executive with 19 years experience in both service and manufacturing organizations, with proven expertise in public relations, sales, community outreach, product development, internal communications, administration, management, program development, ensuring growth for both products and services in target markets. Strengths Pro/en expertise in all aspects of marketing induding public relations, sales, advertising and new productl service "program" development and management. Product development and management capabilities, from concept to the sell-through, including market research, sales presentation, packaging and point of purchase materials. Able to achieve maximum results, while simultaneously handling multiple projects. Effective in directing the private sector through innovative Community Outreach programs. Creative ability to prcx:fuce and copyright award winning Marketing and Merchandising promotional materials. Experienced in the planning, coordination and follow through of large-scale events. Partidpated in budget planning, strategic planning and cost control implementation. Initiated Internet project and collaborated with the web master on design, content and overall function of company web site. Professional Experience Mills Pride, LP., West Palm Beach, FL 2000 - Present Product Manager! Marketing Manager, Room Additions Responsible for the research, implementation, development and marketing of major product lines, for this leading manufacturer of Ready To Assemble furniture, kitchen cabinets, vanities and storage components. · Total responsibility for the development of a successful "new concepf' product line, which entailed research, designer and engineer interaction, prototyping, the creation á sales materials and POP displays, presentation to target accounts, labeling, packaging, patent application and follow up, leading to sales of $1.2 million in five months. · Created and presented written and verbal presentations to major mass retailers including Wal Mart, Kmart, Best Buy and Sears. · Analysis of competition to identify voids and opportunities in the marketplæe. · Directing the activities of ¡n-house and outside designers during the produd line development process. · Produced quarterly "Trend Reports" for the support ctthe sales function. Home Care Services, LLP., Delray Beach, FL 1997 - 2000 Prog.am DireGtorI Marketing Director, The Easy Uving Program Recruited as Program and Marketing Diredor of a unique start-up provider of Senior Health and Personal seNiœS, responsible for the creation and implementation of all management and marketing policies, procedures and programs. · Developed comprehensive marketing plans comprised of public relations, sales & community outreach programs that have resulted in generating revenue in excess of $600,000 in the first 11 months of existence. M~ Deutsch Page Two · Hired and supervised entire support and sales staff. · Coordinated the efforts eX web master and composed the copy for company web site. · Produced and generated copy for all marketing mateñals including program literature, presentation folders, media kits, quarterly ne\\ISIetters, signage and direct mail pieces. · Established a public relations program leading to local, national and international exposure including coverage in the Ne.v York Times, WPBT and CBS television, as \Nell as various local media placements. · Initiated '1ree" membership program as a means of developing a database of CHer 3,000 seniors and their adult children in fourteen months. · Created grass-roots advertising campaign and special outreach programs including "Easy Living Speakers Bureau". increasing exposure in our program to bŒh consumers and potential referral sourœs. and the..Easy Uving Ambassador Program", using volunteers to not only perform office duties, but also to generate community interest. · Generated referral program leading to countywide acceptance and the additional lead generation by the senior service leaders of Palm Beach County. · Often requested to lecture by various social, civic and community associations, through my involvement with the Delray Beach Chamber eX Commerce, and through my dose ties to the senior residents and leaders. Ply Gem Manufactuñng, Haddon Heights, N" 1982 -1997 ~eting Managerl Consumer Products Began as Customer Service Representative and promoted to Customer Service Supervisor within two years. Following another two years, I took over as Marketing Manager-Consumer Products for Ply*Gem Manufacturing (a division of Ply*Gem Industries, a Fortune 500 Public Corporation). This division focused on the manufacturing, marketing and distribution of wood products and building materials, intemationally. · CNerall responsibility for directing a national marketing budget in excess of $240.000 and for all marketing-related activities for 8 product lines comprised of CHer 1.000 items. · Requested and granted a sales territory á wholesalers, retailers and major chains generating approximately $2 million dollars, while simultaneously acting as Marketing Manager. · Instrumental in developing the product packaging, which resulted in Home Center Magazines "Innovator of the Year" award. · Coordinated and chaired annual national sales meetings which entailed choosing the facility, recruiting á speakers, setting agenda and planning of social activities. · Executed an average of 10 new product introductions per year, from concept through sale, involving the creation and implementation of incentive and sales promotions for all channels of distribution and national sales force. · Youngest member of corporate management team and strategic planning committee, who detennined company direction by participating in financial planning as well as long and short-term operations planning. · Recipient á the first eJer "Employee of the Year" award for contributions to company grONth, as recognized by my peers. · Implemented the "Gold Key" dealer progran, inaeasing visibility, volume and dealer conmitment. · Responsible for all product literature, P.O.P. displays, signage, packaging, consumer installation instructions, trade show displays and press releases. · Developed in-house and field training programs for dealers, distributors and sales personnel increasing product knc:MIIedge and sales results. Education The Bernard M. Baruch College of the City University of New York Bachelor of Business Administration in Marketing, 1980 Post Graduate Studies in Purchasing, 1987 American Management Association - Strategic Planning, Hamilton, New York Active In Various Community and Trade Organizations OElaAY BEACH ........ [)~perly /hcj r -. ~ -OQ-06 __-It___. AII-Amllrlca1 'lilt 1993 2001 CITY Of ~ELRA Y ~EACH BOARD MEMBER APPLICATION ðUæ. 2. HomeAddress:.3 (ó3 .' L.~~~ 3. Lcg2l Residence: . ?7~3 . S, ~~WððO PL~ 4. Prinåpal Business Address: Sbte FL St2te FL State ~.Lb Zi~ Code ~-?<1-+ Zip Code J>3+ Zip Code s. Home Phone: Business Phone: 7!:(b1- ß~b"-:2~ 6. Are you a registered voter? Fax: 9. EduC2tiO~ gualificarions: ~ \ d..\-f f:E.Lé> e. ðÇ C ( ( !f)t!~~ 12. DescnDe expc:rientt$, skills or knowJedge which cp.1iCy you to Serve on this board: (please att2.Ch a brief resume) J hereby cetáfy tMt all the above lutements are trUe. and J agree ,and un4miand that any DÚsstattmmt of material &as con· . S IE lica· y cause forfeiture upon my part of any appoinunent I may receive. . p/5;:~ DATE' / Note: ·11ùs application will remain on file in the City aq%t,.Q£fi~ fVaTiod of 2 years from th~ date it was submitted. It will be the applicant', responsibilityft}>~t a eutrent application is on file. aaJT~t1ON MAR 0 9 Z004 ~~{døs3' Y.3 _ ._0... """ r-ntt' FEB-14-2005 01:06 PM 561 865 2636 P.02 February 12. 2005 JAMES HOUCK Attn: HR Dírector 3763 S. L.ancewood Place Delray Beach, FL 33445 Phone/Fax 561-865-2636 idhouck51@vahoO.COfil Re: Commercial Property Management Opportunities Dear Director: This information is being sent to you in hopes of making a transition back into commercial real estate. Attached is a copy of my cover letter and resume for your review. If my overall background and qualifications are what you are looking for, feel free to call or emaìl me to set up a meeting to discuss a position further. As a highly organized and self motivated professional with interrelated experience in Accounting Basi" (17 years). Architecture (5 years - Building Design and Site Planning), Operating and Capital Reserve Budgeting (17 years). Computer Software (20 years - Word. Excel and others). Construction, Corporate Bu~iness (10 years - Management. Marketing, Operations. Sales. and Training), Property Management (17 years - Porttòlio & On-Site Experience) and Real Estate (5 years - Commercial Sales, Marketing and Leasing) the following are a few skills r can offer: PROPERTY MANAGEMENT · Create a Management Plan for each property to ref1ect the goals of the owner. · Able to manage a broad portfolio of properties and maximize their property values. · Ability to quickly learn the roles and functions of all positions within a new property. · Long term knowledge working with computer programs (Word. Excel & others). · Test economic alternatives to increase value and make recommendation~. · Understand financial statements and accounting principals. · Knowledge of availahle insurance coverage to protect owner~5 assets. · Protìcient in crcatiog operating and capital reserve budgets and effectively manage their expenses. · Understand and work with lease analysis and investment software. · Prepare an extensive complete Report of Operations for owner.;;. · Examine problen1s and create viable solutions. · Examine absorption rates and supply and demand data. · Develop short and long tenn market analysis and economic plans. · Orient new tenants and promote positive relations. · Enforce collection and eviction procedures. · Constantly analY7.e properties physical and fiscal concerns. · Understand 1egal issues as they relate to tenants and owners. · Oversee operations. lease administration aod construction management. · Able to analyze and quickly take over new accounts. · Understand and nleet goals of property owners. · Understand staffing and employee relations to create a top notch team. · Maintain expense controls and increase Net Operating Income. · Able to properly oversee the selection of contactors and other vendors. · Strong ability to administer contracts and create tenant relationships. FEB-14-2005 01:06 PM 561 865 2636 P.03 Commercial PropertylFacility Management Skills (Page 2 of 2) FACILITY MANAGEMENT · Understand and manage capital improvement projects. · AbJe to help or take on role of Facilities Manager. · Understand and work with architectural drawings. · Conduct and prepare extensive property and building inspection reports. · Manage risk factors effectively. · Monitor tenant improvements. · Properly select and work Vlith service providers. · Identify and work out constnIction defect issues. · Properly con1municate with and motivate tenants, employees and outside contractors. · Hire and effectively supervise employees o.nd contractors. · Oversee landscape and irrigation services and implement new projects. · Able to effectively coordinate 'or oversee the security services: parkìng garage and valet services~ tree trimming and removals: janitorial services; building engineer personnel: cooling systems; roof repairs and replacement; elevator repairs; asphalt repair and overlay projects; painting projects: concrete restoration projects; fire sprinkler systems and most other services and/or systems as needed. · Properly plan and implement all the various types of maintenance projects~ renovations to common areas and other scheduled long and short term maintenance and construction projects. LEASING - MARKETING - SALES · Analyze regional and local demographics. · Negotiate sale and lease contracts. · Understand property values. · Develop and in1plenlent Inarketing plans. Set rents to maximize net operating income. [dent, fy target markets. Analyze market trends. Able to fi.nd tenants and negotiate lease contracts. GENERAL · Strong organizationa1~ management, administrative. communication and leadership skills. · Mature. responsible and businesslike in demeanor. · Positive proactive work ethic. · Flexible and able to multitask effectively. · Professional in approach and appearance. · Work effectively in a cohesive team environment. · Ability and willingness to learn new ìdeas and procedures. TIlank you in advance for reviewing the encIosed luaterials. I welcome the opportunity to meet with you or correspond via phone or c-r~ai~ _~~ your earliest convenience to discuss a position with your company. Sìncerely. ~') , / ~ -_:_- - James D. Houck /"" ~.- ,0. .- 3763 S. Lancewood Place Delray Beach. Florida 33445-1277 PhonelFax (561 )865-2636 idhouckSl (â>,vahoo.CQID Resume Attached FEB-14-2005 01:07 PM 561 865 2636 P.04 JAMES HOUCK 3763 S. Lancewood Place Delray Beach, Florida 33445 561-865-2636 idhouckSl @vahOO.CQm RESUME OBJECTIVE To secure a COMMERCIAL PROPERTY MANAGEMENT position where interrelated experience in ACCouDting Basics (17 years). Architecture (5 years - Building Design and Site Planning), Operating and Capital Reserve Budgeting (17 years). Computer Software (20 years - Word. Excel and others), Construction. Corporate Business (10 years - Management, Sales. Marketing and Training). Property MftDagement (17 years - Pon-folio & On-Site Experience) and Real Estate (5 years - Commercial Leasing, Sales. Marketing) win be of value to your company. PROFESSIONAL mSTORY 1992 - 2005 LANG MANAGEMENT COMPANY (Boca Raton. Florida) ProDertv Manaller · "On-Site" managed a 460 unit condominium development with nine (9) five (5) story buildings. · Consistently directed the operations of up to 16 high end community associations, collectively consisting of over 900 individual homes and two (2) and three (3) story condominium units. · Responsihle for preparing~ implementing and overseeing the annual hudget expenses of over $4,000,000 collectively. · Adnlinistered corporate quarterly and annual board meeting9. · Professionally nlanaged the contracts of accountants. architects, attorneys, carpenters~ electricians. engineers, general contractors. horticulturists. insurance companies. irrigation specialists, landscapers. handymen. roofers and other contractors. vendors and agencies. · Maintained a high standard of Jiving and cost effective lifestyle in these upper end communities. · Successfu1ly negotiated and 111onitored the cOInpletion of two (2) deveJoper tumover settlements. 4 asphalt roadway overlay & 9 sealcoate projects. 8 painting and 5 sloped roof replacement projects. 19&9 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs. Florida) ProDer1v Mana2er · Consistently directed the operations of up to is properties. collectively consisting of more than LOOO two-story and mid-rise (elevator required) condo units and individual homes. · Responsible (~)r preparing. implementing and overseeing the annual budget expenses of over $3.000~000 collectively. · Successful1y negotiated and 1nonìtored the completion ofthre.e (3) developer tumover settlements, 2 asphalt roadway overlay & 6 sealcoate projects. 7 paint1ng and 3 Hat roof replacement projects. 1987 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton~ Florida) On Site - Property Manae:er & LeasiD2 Dir~to~ · Directed all on-site property management and leasing etforts f()r a 40 bay 95.000 square foot Office/Warehouse buí1ding. · Responsible for negotiating aU contracts and leases. · Liaison between general contractors and maintenance companies. · Created and Ünplemented annual budgets and prepared monthJy financial analysis. FEB-14-2005 01:07 PM 561 865 2636 P.05 Commercial PropertylFacility Management Skills (Resume 2 of 2) JAMES HOUCK 3763 S. Lancewood Place Delray Beach. Florida 33445 561-865-2636 1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles. California) Real Estate A.rent · Affiliate member of the "International CQuncil ofShODPinR Centers?" (lCSC). · Working with developers. property owners and tenants negotiated more than $4.000.000 in retail and office leases and land and building sales. · Created and utili7.ed computer generated databases to work with buyers and tenants and also Investment programs to analyze building and 1and sale opportunities. 1984 - 19K5 FRED SANDS REALTORS (Los Angeles" California) Real Estate A2ent .. Comme~ial Division · Negotiated nlore than $900~000 in retail and office lea..~s and land sales. Achieved goals by extensive cold calling on owners, tenants and other brokers. 1974 - 19&4 ST. CHARLES MANUFACTURING COMPANY (St. Charles~ f1linoís) A high end residential, laboratory and ínstinttional cabinet manutacturing company. Western Re~lonal Sales Manasz:erlMulti-llousÍD2 DivlsJOQ (Based in L05 Angeles, CA.) · Successfully directed the development of a new region of dealerships. independent agenls and corporate aCcolU1ts throughout 7 key western states. East~rn Reflional S.les Manaeer/Multi·Hou~dn!! Division (Based in ft. Lauderdale. FL.) · Eflèctìvely managed 17 independent dealerships throughout 8 key e(L~tern slates. N ..tlonal ODerations MaDae.erflnstitutional Dlvi,ion · Supervised all corporate accounts and dealer services. Corporate Sales EnrineerlDraftsmanlEstlQ1atof PROFESSIONAL LICENSES t 989-Present Florida Community Association Manager License (#5414) I 987-Present Florida Real Estate Broker License (#5000323) 2004-Present Florida Mortgage Broker License (#504342) 1984-] 9&9 California Real Estate Brokers License CITY GOVERNMENT - BOARD MEMBF;~ 2004-Present City of Delray Beach, FI, - Board of Construction Appeals EDUCATION 1987-2005 FLORIDA - Reat Estate and Conununity Association Management Continuing Education Classes 1 <)84-19&6 UNIVERSITY OF CAI~IFORN1A - Los Angeles. California · 9 Commercial Real Estate Classes (Property Managclnent. Marketing. Finance and Appraisal) 1976.1977 UNIVERSITY OF WISCONSIN - Madison, Wisconsin · 8 Business Management Classes 1971-1974 UNIVERSITY OF ARIZONA - Tucson. Aril.ona · Bachelor of Architect\ue De2ree 1969-1971 SOUTHERN ILLINOIS UNIVERSITY - Carbondale. Ulinois · Associate of Arcruteçture De~e 7-06-200410:12AM FROM NCS 561 330 7648 P.2 DURAY BEACH ~ rrïii! 1993 2001 7-~-Ô<P knQI\CCtJ fhafl~e, CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION Please tint the followin information: 1. L1.stName: ~~~m~ 2. Ho e Address~ \ _ \ : <:! _\ 08 N~~,,", .,:)\.J\), .,,'~ 3. Legal Residence: , ~ t ~ ~~.t..u...-\. 4. Principal Business Address: g~~ M.1. State Z~ Code FL 3~ State r~~~{ 8- State Zip Code ~s-ç- Name r-- \-t~ ~~ T City D\t\.. City l,L. I~ City A b 5 ~ ~~t\J~ ~ 'Ct-tt E-Mail Address: ~ \S~ fL- Cell Phone:Jb ( Fax:!l ( ß7o-...¡¡Sî ~7Ò .:..7'0 Y' / Nf..SO~U~ (ð 1'1\ ) ;) ...., If so, where are you registered? ss't<83 5. HOlne Phone: ~ ( ., ¿7'{", 7 JI 6. Business Phone: 7. \Xt'þ~t Roard(s) are you inteJfsted ;a <.'prtr1l1g? Please.Jlst in ordeJ:....O.f preference: ~ .s~('-( (~~~lL~\" ,~(}-~,~ B. List all City Boards on which you are currently serving or bave previously served: (please include dates) 9. Educational qualifica\Íons: N\.~ .J.A. ~ \.. \- J'\ 'f '^S~t0< Fe ,-..A-t-4 c -Q 10. Üst any related pr.qfessional certifications and licenses which you hold: No~L 11. Give your present, or most recent employer, and position: '12. Describe experiences. skills or knowledge which qualify you to serve on tills board: (Please attach a brief reswne) Sù: ~~ e ove statements are true. and I agree and understand that any misstatement of material facts . n may came fOrfeitur~ upon my par' of any apPoíntmen~ lJe~e~ DATE Note: This application will remain on ftle in the City Clerk's Office f~a..e.c¡riq.d~~years from the date it was submitted. It will be the applicant's responsibility to ens~~licacion is on file. S\cliYCL£RK\BOARD\APPUCA TlON /111 .;tj¡ tJ JUl - ß 2004 ~ITV ~I F;RK / -\ðb-¿\O\1L1 I \ð: I .:SAM 1994- present - 1982-1994 - 1978-1982 - 1965- 1978- 1961-1965 - NASD Exams - r KUM I\J\..,~ ::>0 I .:S..::5\ð I t:>4ö t""...::5 Kenneth T. Kaltman National Compliance Services 355 NE 5th Avenue Delray Beach, FL 33483 National Con1pliance Services - Manager é.!llð Field Auditor National Regulatory Services - Sales and Compliance The Securities Group - Senior Partner/ Trading and Compliance Lehman Brothers - Senior Vice Presîden~. "Trading ---: established London and Tokyo office for Lehman New York Institute ofFìnancelUniversity of Tampa Series 63, Series 7, Series 24 .."**** All-AmerlC8C; 'tllt 1993 2001 3 -ó29-¿?{¡? Of>'flI1; CQ if '0 r-¡ ¡11tltA-Q ~ -{l v- DRRAY BEACH ....... CITY OF DELRA Y BEACH BOARD ""EMBER APPLICATION info~tion: ~. Name ~t}c..l M.l. Ci State ?-iP Code ~tA(4 ~\.J L s City State Zip Code _. dty State Zip Code 2. 3. 4. Principal Business Address: s. Home Phone; Búsiness Phone: E-Mail Address: Cell Phone: Fax: $6 \.3S:ò. Lt _ - \ \~ty-Ô At:.t< ~Oò, (OM 6. Are you ,á reg1ster~d voter? ~ (z- £. If s , where are you registered? 7. What Board(s) ate you interested·in serving? Please list in order of preference: ý) <.. 3 ~ ð.v...Ld-t f)N 'B> t '", Û Ý"v\.m~ I: ~"- 2.. I '\ ..r;.~ '-\ . \)è~ð\Pt..) t) 8. list all City Boards on ",rhich yo' e Ct,]uently 5~!'0-!\g .-! h~""~ F~Ctl5!-; ~.,,¿: (pl~sc indu' e d¡,t~3) A" ö ._ "ot 9. EducatioIU.1 qualifications: ¿A 4 ~<ž/wv ~~~ -~ 10. List any reated professional cerrifications and licenses wlùch you hold: 11. Give your presen~ or most recent employer, and position: ¿ 12. Desaibe experiences, skills or knowledge which qtWify you to serve on this board: (please attach . brief resume) l I ,.". Co Co t all the above statements are true, and J agree and understand that any misstatement of material factS . s appIica . on use f¡ upon of any appoinanent I may receive. "3 ,'''2./0. 0 ý- DATE - \ ! ote: This application will remain on file in the City aerk's Office for a period of 2 years from the date it was sub~ned. It will be the appli~~tiDnsure ~t a ~t~pli~tion is on file. UCAmN / III C 11-/<..('1'1 J k~-::J .Jtpf ~~ rn df/D MAR 2 9 2004 --- / -- - . , JACK LICHT 830 Greensward Court, Apt. H-203 Delray Beach, FL 33445 (561) 350-4493Iichtrojack@Yahoo.com SUMMARY OF QUALIFICATIONS Ten years progressive experience as a middle and senior level manager in the public and not-for- profit sectors. Focused on policy implementatio~ planning, operations and building organizational structures to achieve ends. Devised and implemented strategies for improving program quality. Proven track record in strategic analysis, problem-sol~ and encouraging key stakeholders to participate in planning and decision-making. PROFESSIONAL EXPERI~NCE Department Manager · Supervised 70 Head Start grantee staff, whose responsibilities included training and technical assistance, program monitoring, fiscal operations, management planning and analysis, and facilities development and management. Facilitated the attainment of federally required program design and management systems for 75 delegate agencies with 226 Head Start centers. · Coordinated the expansion and renewal of Head Start services, including the development and submission of grant and expansion applications to the federal government. Applications resulted in the renewal of funding and an increase in Head Start enrollment by 5 percent. · Negotiated and obtained a $27 million Head Start facilities improvement grant from the Regional Office of the Administration for Children and Families. · Advised and trained Head Start provider sponsoring boards in the principles of policy governance. Facilitation resulted in enhancing the effectiveness of sponsor administration and accountability for the program. · With the NYC Board of Education and the Human Resources Administration, designed and implemented a contract management system for the United Wa): of Ne,v York City focused on transitioning AFDC parents from public assistance to work. Program resulted in pre- T ANF prototype for transitioning public assistance recipients to work. · Co-managed operations for the Community Achievement Project in the Schools (CAPS), an attendance improvement drop-out prevention initiative. Responsibilities included planning, program administratio~ technical assistance, performance-based training, and reporting and evaluation. · Designed and implemented a citywide contract management system for use ,vith over 200 community-based service programs. Established objectives, developed performance measures, and evaluated and fine-tuned the system. Created a new protocol for contract monitoring, evaluation and technical assistance. Proiect Manager · Designed, organized and implemented three ci!) wide communi!)" elections in 33 of the NYC's 59 Communi!)" Districts. Developed election budgets, coordinated and monitored project supervisors. Trained over 1,000 staff for each election and interfaced with community organizations and political stakeholders. Elections resulted in the creating the core membership for 33 citizens' advisory boards responsible for recommending human services programming and establishing funding levels. JACK LICHT PAGE 2 · Implemented a public participation project to restructure the Community Action Program of the City of New York. Presented the restructuring project to other municipal units, interfaced with community groups and local public officials, planned and implemented a series of ci!)wide public hearings and circulated 20,000 proposals on the restructuring. Process resulted in a restructuring of the Communi!)" Action Program. · Initiated the reengineering of key Head Start work processes, including task analysis, and the identification of impediments to sm~ continuous and efficient workflow. . · Developed a handbook used in the implementation of performance measurement (outcome measurement) for Head Start delegate agencies. WORK mSTORY · Acting Assistant Commissioner., Administration for Children's Services Head S~ July 2000 - December 2001. · ChiefofStaff, Administration for Children's Services Head Start, October 1997 to September 2002. · Deputy Director of Contracts & Technical Assistance, United Way of New York City, October 1992 to October 1997. · Contract Analyst, Agency for Child DevelopmentIHead S~ December 1990 to October 1992. · Director of Contract Management/Citizens' Participation, Community Development Agency, May 1979 to December 1990. EDUCATION BA-MA Queens College, City University of New York. AWARDS · Citywide Head Start Policy Council Special Recognition jòr Promoting Citizens Participation, 1984. · Mayor's Award for Managerial Excellence, 1989. COMPUTER SKILLS Working kno\vledge of Microsoft Word, EXCEL, Power Point and VlSio.. Assisted strategic planner and MIS unit in automating reporting and communications within Head Start. ifID! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION (jt¿lôlfd- ßß!' ~~ O~,('8tA<:H .- c. 0: _ .', 0 . 2'***,* S 6. hi'} €... 4. Principal Business Addr~s: ~ 0.. ../J .t¿ Businf:sS Phone: 1/3}1 Name ßr ML c¿ City Æ5ea~ft State Zip Code ()eJ/"~ rl .3JlfY City Sene Zip Code City State Zip COdé Please é or IÍnt the folio - infonnanon: 1. Last Name: A 1 ! /1./ e ú.J el 2. Home Address: :J.8u .ÆJE ;},.)j A Ue. 3. Le.gal Residence: 5. Hon1e Phone~ ft/ J 78- 30(8' 6. Axe you a. registered voter? es E-Mail Address: Cèll Phone bn€tv eff1 ~ h,flV1a:/µl &11)8"t¡3-33f/ If so, 'where are you registered? Fa,x: í _ Wnat Board(s) are you interested in serving? Pleas€: list in order of preference: ~A ð?A rV ~/aþtP1I'''1 L<4j 2cnJ"/{Cl /004// ÆJeicdt~dr(f¡1.Jj /<Jr/lIJ~.f C(;L</ic/I S,"1E. ;4cc/ Hvi'e 8. ~~ ~ __ ty ~<?~d_s .?~ ~~ch y art" cune~~y serving 0 ave pr~viously served: lea~~ in~lud~ ~at~) 9. Educa.tional qualificatioo$: A·A. {t,;IJ.p¡'0,·f c;C cf: c~ 10. List an}' rdat~d professional certificanons a.nd licenses '\vhich you hold: 11. Give your present, or most receot employer, and position: / ;_ -OG. ,J fre/.I- k.ea/tGí 12. Descñbe experiences. skills or kno,"vledge wlùch qualify yon to s.erve on this board: (please attach a brief resume) lêf!o./r I htte:by certify tha.t íÙl the ~bove stltements are trUe. and I agree and understand that any mis$t.attmenc of materi3l faces conk: ~JY c~use forfei~;~;, ~ ~~ny ~pporntrn~~;Ä;¿ve \IGNA~ . 005 DATÉ JAN 0 5 2 Note: This application will remain on file in ch~ City S:lerl<:~ Office. for a period of 2 years from the date it was submitted.. Ie urill b~ the a.pplicant's 1@þ'-;¥ilÍilii,rli:.:Jêt.\ure that a C1.UIent application is on file. s.c(TYCU>U\8<)AiU)'AF.1'UCATION -- - - - - Bryce NeweR 2&0 NE 2Þd Ave. Delray Beach FL 33444 Home (561) 278-3068 Cell (561) &43-3311 E-mail bnewell l@.hotmail.cam PROFILE Marketing and saJes executive with 6 years of high level outside sales experience. with a prov~n track record in developing new business &D.d driving revenue in leading edge toohuologies. Strong analytical, Q'e8tive, and coIDmlD1icañon skIlls developed through assignmcotS in strategic planning. markeñng communicarions.., product launchC3. and training. Excellent leadership abilities demonstraIed by delivering results through highly moúva1ed and im8gjnative teams. ProjðSÎß1J1I1 Exp.e,ience FDN CommunkatiolU; West Palm Bæc~ FL Senior Acœunt Executive 4/Q4-Pre.sent Prov:ide daxa productS and services to business tJJr:ougbom F10rida and GcoTgia. Ptiroary focus on international multiple location corporations relying on high use data transport. In the top running for rookié of the 2u4 half of the year award. McLeod USA.; 0akbr00J.; IL &:nior Account Exe<:utive 3/03-2/04 Mìd-Marlœt telecommunications sales position in greater Chicago land area. My responsibHity is to acquire new Business only. Services coosis( ot PRJ·s. TI·s. VPN·~ Frame Relay and Wireless. Typical month includes running approximately IS new appointments, resulting in 4 to 6 orders 1'3DgÏng fTom $506 to $3000_ ClearOne Communiations; Westmon~ IL Senior Account M31\3.2er 7/02-12102 Videoconferendng Specialist posítion. brought on fo establish marlcet share in. Chicago_ Compf:tlly provides end-to-end solutions for video. audio and web conferencing s.c;:IYÍccs. Primary customer focus is Fortune 1000 and Higher Education market. Taudberg:o LLC; Chicago, IL Ree:iooal MartaJ!ef 8/01-6/02 Responsible for seUing TANDBERG Vìdeocooferencing equipment to Education and Medical Agencies.. Partnered with consultants and system ínte~oß to provide the customer with a complete solution. Current tenitory consistS of Illinois. Indiana àDd Wisconsin. IuView;. Chicago~ IL Business Develooment Mana1!er 10/97-7/01 Worked with equipment dealers. system integrators and telerommunicarion companies to develop new accounts. Inacasc-.d company revenue by 20°4 by creating a partn~hip progranL Devðloped worlcing relationships with sys[em integrators. equipment manufacmres and telecommunication companies. Consulted \vitb. IT and T decom Directors on Videoconferencing services. CSC Offi« Automation; Rolling Meadows. IL Maior Account Man82er 219(",,9/97 EDUCATION 1991-1993 1993-1995 A.A.,. BusÍ1less Management,. College ofDupage, Glen Ellyn,. IL BS,. Business Administration. Loyola University_ Chicago. n.. TO:561 243 3774 P. eOl' -t](H R-2ß-20L34 13: 21 FRor'1: DRaAY 8EACH 'bad qïi~ 1993 2001 ,CITY Of ~ELRA Y Bf.ACH BOARD "'EMBER APPLICATION ~dl 2. ~J6 diÜ¡' S TA ' ùø{ (hA-1( Û r¿ 3. 'l.cg2l1Y:&idcncc: _ 4- 4. PtincipaJ BuWtc:ss Addreu: 3£ ç. oc-,£IJ.¡{) t4u City City a q Òtí/!1 &-y / E-M2.iI Address: Cdll>honc: ffr~/i<L6~1/.9:J; 7-S/~gfJ H 'o~ wherc Are you re~tcrc:d? f;)f-(IL SUte ~L . Zip Code '>3 vf ? .s. Home Phonc~ Business Phonc; Fax: "1-"2..- V 9£r7 (.... p7~-~~ þ)v-&g7~ 6. Arc. you a rr:gis~rcd voter? 7. \Vh2t Boud(~) :are you mta-clted . 8. 1 oards on ~'hich -}"ou ArC cut1'cndJ Jervïng or }uvc' J>1'";Ïo\1s1y served;' (pJessc iadude duC$) 9. 10. liSt an}" I'cbted pro£c:s~on.al ccnificaòons UlØ licenses which you bold: cJ / ¡:;." 11. Give your prcsc.n~ or moSt recent employer. and position: SJGNA TUR.E 'tlote: 1ñis application will rmuin on file in the City Oc:rk.', Office for a period of2 ran from the date it was submitted. It will be the a.pplicant·' rupooúb~ a cum::o.t ..pplicaåoa is on file. t1. t:.'\..I r;::.1 V ~1;;..1' ..crN~T1Dt( APR lO 2004 - . _~ I -' _~I' .~ ~~ti ~ .....~ , ;. '.,. i, " ~- --..-. . i»' ~'. I i i I ! iir1 'Illt 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER .APPLICATION $-¿), :J-cS p(Y)pt'Jv _ / nÎ(ì¡t~ J¡"ÝI1J CtCA 8. List all City Boards 011 which you He currendy serving or ~'C previously aerved: (please include dates) Note: This application will remain on file in the City aerk', Office for a period of 2 years from the date: it was submitted. It will he the applicant's responsibility to ensure that a current application is on file. SarY~oAPPLlCATION RECEIVED MAR 2 5 2003 CITY CLERK , - . ~ .' . .." ',. :/t,~\. .' ';:--- rMDJI/ ¡ Pf'Operty M.~gIIIIm.nt. Inc. -- --ç;1- - - - - )'1anag~ment Bio's, James M. O'Brien President Professional Experience: . .-?[: · Over thirty years of hands-on experience in Property Management, Leasing, Marketing, Tenant Improvement and Construction Coordination in the Northeast and Florida markets. · Primary focus on Office, Industrial, Retail and Mixed-Use properties. · The management of asset portfolios with a diversified product type and quality. · The management and supervision of fee managers and leasing personnel as well as directly employed managers and leasing agents. · The development and implementation of asset redevelopment and enhancement programs. · The development and implementation of investment plans and the on-going management of investment and operating budgets. 1999-Present M.O.R. Property Management, Inc. Delray Beach, Florida 33483 President BeachPlace Fort Lauderdale, Florida General Manager Responsibilities included the overall day-t<H.tay management of a 100,000 square foot Entertainment Center with an attached 800 car Parking Facility and a 400 room Marriott Vacation Club International. Primary functions included the fostering of strong Tenant relations as well as the retention of desirable Tenants compatible with the Entertainment Center concept. Additional responsibilities extended to the production of maximum net revenues, cost control and analysis of the operating statements to enhance ways to improve on revenues and control of costs. Oversee the internal accounting, marketing, security, janitorial and general maintenance of the Center. Codina Real Estate Management, Inc. http://monnanagement.comlbio_obrien.htm 3/24/2003 MOR Property Management, Inc. Page2of3 Coral Gables, Florida Vice-President Responsibilities included the management of an exísting portfolio of Commercial Real Estate properties, Investment Sales; Syndication of New Partnerships and coordinating the formation of new Joint Venture projects for the Codina Group and its affiliates~ 1988-1996 PFK ReaUy Services, Inc. Fort lauderdale, F~orida Partner Director of Management, Leasing and Marketing. for PFK Reatty Services, Jnc. (Please see attached Curriculum Vitae). Additionat responsibiHties also extended to Management of Tenant Improvement Construction for the Company~ American T ecton1C5 Southeast Boca Raton, Florida Vice-President Director of Management, Leasing and Marketing. services. Responsibilities included the management, leasing and marketing activities for a regional Commercial Real Estate developer in South Florida with over 1,000,000 square feet of Commercial space either existing or under construction. Additional responsibitities included the long-raoge planning for the management, leasing and marketing of future Commercial. Industrial & Retail Developments, as we" as the oversight of all Tenant Improvement Construction projects. Johnstown American Companies Consolidated Capital, Inc. Atlanta, Georgia Vice-President Director of Management, Leasing and Marketing and Tenant Improvement Construction, Boston, Massachusetts's regional office. Responsibilities included over 1,000,000 square feet of Office I Retail space located in Massachusetts, Tennessee, Connecticut1 Michigan and Georgia. Personal: Reaf Estate Broter-y Massachusetts Real- Estate Salespèrson, Florida B.O.MA. Past President, South Florida Chapter Education: Milton Academy, Milton. Massachusetts Tñnity College, Hartfonl, Connecticut SA History http://mormanagement.com/bio_obñen.htm 3/24/2003 I p~':B~.ÇJ1 ~ AHììièiIêa~ , 'Ill! 1993 2001 CITY OF DELRA Y BEACH BOARD MEMB'ER APPLICATION Please type or pnnt e 0 OWIng w. onnaUon: 1- wt Næne; Name Kenneth M.I. Peltzie 2. Home Address: 2260 Rabbit Hollowe Circle City Delray Beach StatFl Zip Code 33445 3. Legal Residence: CÍty State Zip Code S~mp- 4. Principal ÐU3Ì.ncss Addrcss: City State Zip Code 100 East Linton, Suit~ 506B Delray Beach Fl 33483 5. - Hotn:C: Phone: BUsiness -Phone: E-MAiÌ Address: Cdl Phone: Fax: 561-498-4764 561-279-0808 kpeltzie@yahoo.com 561-585-3811 561-279-2282 . 6. Are yoù ~r~tr~d voter? If so, where are you .registered? e - - -e ray Beach, Florida 7. What Board(s) are you intetested in serVing? Please list in-order of preference: Downtown Development Authority 8. List aU City Boards on which y~u are currendy serving or have previously served: (please include dates) Planning and Zoning Board 8/15/00 to current 9. Educational qualifications: Masters in Public Health/Administrative Medicine 10. List any related professional certifications and licenses which you -hold: 11. GÏv.e your pt"escnt, or most recent eti1.ployer, and position: Vice President, Whitsyms Nursing ltd 12. 'Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) Fortv Year eXDerience- in Health Care Admir .isi.l-lii( JlI ~nrl ~nmmllnitv ~;"'IIII;IIII ., -~ Served as an officer and Board rV~~II.U~. of ~- nllmhAr nf 1:111 Ulllllnit\l . . I her~by caú[y ùlal all Ûle: above: statémè.n.ts arc troc, and I agree and Un~er:,;tand- that any mÍsst2.tèÍ:nent of tnaterhù flfC':ffi contained,in this appliCation may èause fot:feiture upon my part of any appointment I may receive. SIGNAiURE DA1E th £ n . £ Note: This application will remain on file in the City Clerk's Office for a period of2 years &om the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~TYCLE1lk'\BOAlW\APPUCA.T10N Sunday, May 16. 2004.max RECEIVED MAY 1 8 2004 - CITY CLERK KENNETH GERALD PELTZIE 2260 RABBIT HOLLOWE CIRCLE DELRA Y BEACH, FL 33445 561-498-4764 GENÉRAL PROFESSIONAL exPERIENCE Hospital Executive & Planner Health Educator Health Care Institutional Consultant Corporate Executive (Health Care Consulting Firm) Federal Government Health Care Program Analyst SPECIFIC PROFESSIONAL EXPERIENCE 2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry, Delray Beach, Florida 1999 to Present Independent Health Care Consultant 1987 to 1999 Vice President, Corporate Strategy, Bethesda Health Care System Boynton Beach, Florida 1990 to Present Adjunct Assistant Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1982-1986 President, Affiliated Hospitals of Indiana (a network of 18 hospitals in central Indiana) Executive Vice President, Community Hospital of Indianapolis 1980..1982 Senior Vice President, Robert Douglass Associates (a national health care consulting firm). Vice President, Chi Systems, Inc (a national health care consulting firm) Associate Administrator, Assistant Administrator, Sinai Hospital of Detroit (a 620 bed university affiliated teaching hospital) Budget Examiner, Bureau of the Budget (now the Office of Management and Budget) Executive Office of the President, Washington, D.C. Administrative Officer, United States Air Force Hospital, Dyess Air Force Base, Abilene, Texas. 1972-1980 1966-1972 1961-1966 1958-1961 Resident in Hospital Administration, Sinai Hospital of Detroit ACADEMIC EXPERIENCE 1957-1958 B.A. College of Liberal Arts (Biology and Psychology), Washington University. St. Louis. Missouri. 1955 Graduate Studies (Industrial Psychology), Psychology. Graduate School of Arts and Sciences, Washington University. 1956 M.S., Administrative Medicine (Hospital Administration), School of Public Health, Columbia University, 1958. PROFESSIONAL MEMBERSHIPS American Hospital Association - Personal Member American College of Healthcare Executives - Fellow International Hospital Federation - Personal Member Community Activities Palm Beach County Health Care District. Finance Committee Crossroads, (Substance abuse support Center) Past Board Palm Beach County Emergency Medical Service Advisory Council, Past Member Delray Beach (FL) Planning and Zoning Board. Member and Vice Chairman HOPE Project (A not for profit organization providing free mammograms). Board member and Treasurer. Deaf Service Center (A not for profit hearing loss support organization). Member of the Board United Way of Palm Beach County. Member of the Finance Committee. Leadership Palm Beach Rotary Club of Delray Beach, Member and Past Treasurer ....... ·0 P~I/t': B~~t1 ~ 'lilt 1993 .2001 . ----- <¡-¡t/-a5 [é 1~111flOåC{ CITY 0' ~ELRAY BEACH BOARD MEMBER APPLICATION 1. 2. 3. Name ~ Cf1d n tM. cÂ. te City State City State Zip Code 4. 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~rbøu( if ~o/. ~-mLL{6ID If so, where are you registered? 6. Are you a registered voter? 7. 8. List all Citr Boards on "hich )"OU are c:urrcndy sentU1g or have prcviousJy served: (please indude dates) Iv v ~ ç, I t'k ~X- ~) €-r1C e ~ List an}" r ted p~~sionaJ certifications and licenses which you holq: te{OJ,s, tr1 ~ B\1~ I Ci1..u1. rd I . ences. skillS or knowledge which ~..c t?- -e e or ~a~ ÌY1 61v-(eS) tVtOtNledSe Q", ~U"a.J 6A reSO'(\te . I hereby emir that all the above statements are tlUe. and I agree and UDdemmd mat any misswement of matfÞt"Í!:t1 facts con . ed in . s applica . may cause forfeiture upon my part of any appointment I FY receive. . Ý/I~)ð~ SIGNATURE DATE Note: This application will remain on file in the City aerk's Office for .~~em the date it was submitted. It will be the applicant's te5pOnsibility to ensure that. current app"1ièatiõn is on file. ~ ~.u:..'~,~~,~~'"* ANDREA ST. JAMES 1264 Audubon Blvd. Delray Beach, FL 33444 PH: 581-278-3008 CELL: 581-542-4610 E-Mail: BaIHarbour9@aol.com Objective: To' use all of the special writing, public relations, publicity and management skills I possess in an executive level public relations I publicity capacity. Special Skills: Writing, Event management, publicity, & public relations skills. WORK EXPERIENCE 2000- 2002 INFORMATION TELEVISION NETWORK - Boca Raton -1)lrector, Public Relations rrv is a conglomerate of several production companies (iTV, MelV, iTV Digital) who produce Gracie, Freddie & Telly award winning television programs aired over several national networks. Write & service press releases, meet with various industry reps, pitch stories to publications for publicity and scan & distribute industry media stories from myriad publications. Write ad copy, secure film locations throughout the U.S. for video productions. Pitch & barter show ad placement in national publications (over $600K in one year). Lead division directors & managers In bi-weekly meetings. Personal credits include: Winner: 2000 Time Inc Health Freddie Award; Winner: (2) 2001 TIme Inc. Health Freddie Awards; Winner: 2001 Addy Awards (2); Winner: 2001 ASCRS Natlon.llledla Award; Judge: 2001 Aurora Awards. Member, National Academy of Television Arts & Scienœs. 1998 -1199 Commodore Aviation, Inc. -Miami - PR & Technical Administrator Commodore Aviation, Inc. is a subsidiary of Israel AircraftlBedek in Tel Aviv and provides heavy maintenance for the aircraft of governments and major commercial carriers. I administered technical services as well as wrote speeches. wrote & serviced press releases, oversaw large events. photography and brochure production. 1997 -1898 The Fontainebleau Hilton - Miami - Leisure Travel Marketing At this world renowned resort hotel, I worked In International marketing within the area of Leisure Travel. Reporting to the Director and two sales managers, I determined what should go into their sales kits for international mass mailings, wrote marketing letters to sell the resort and edited press releases. 1895 -1998 1189 -1193 1885 -1989 2 CRA Managed Care, Inc. - RIchmond, Virginia - OffIce Manager This national vocational rehabilitation corporation services the major insurance carriers of the continental US, Hawaii and Canada. It provides vocational rehab services to those people injured on the job or who have experienced a catastrophic Ulness or injury. As office manager reporting to the Regional Manager, I hired, trained and oversaw clerical staff, controlled the timely receipt and distribution of medical reports, edited written reports and controlled billing. I also wrote marketing letters and maintained contact and correspondence with clients and attorneys. Twentieth Century Fox - Loe Angele. - Exec. TV Publicity Assistant Reporting to the Director and frequently, the President, duties for one of the largest entertainment corporations in the wortd included heavy liaison with stars and major media representatives. This included initial oversight of an approximate $1.5 million annual television publicity budget, oversight of print advertising and large media events. Also Included writing, editing and servicing press releases; creating, editing and updating press kit materials; evaluating scripts in progress; nationallinternational press distribution; attendance to and facilitation of stars' interviews and major media functions; handling studio fan mail and interacting with various other departments, producers and publicity agencies to promote publicity on varied series and stars, including EMMY winner LA.. Law. Set up and facilitated many of Twentieth Television's high-visibility functions including the yearly EMMY party at Spago. the annual executivelproducer/writer introduction event and various 1 oath episode parties for our successful series. Was asked to accept an award for L.A. Law. Ogllvy & lIatherlThe Ogllvy Group - Los Ang.... - OffIce Manager Began at this internationally successful advertising agency in Richmond, Virginia at then-affiliate, Th. Martin Agency, and was transferred to The Ogllvy Group in Los Angeles In 1988. Reporting to the Chairman and President, duties included acting as liaison with clients and creative teams, confidential work in the corporate day-to-cIay experience, research projects on an assignment basis, oversight of clerical staff and assistance with high profile media events. Also was contributing editor of company newsletter. COMMUNITY SERVICE National Neurofibromatosis Foundation (NF) Los Angeles Business Volunteers for the Arts (BVA) Richmond School for the Performing Arts (SPARC) Richmond Public Relations Chairperson Public Relations Consultant Public Relations Consu1tant Public Relations Consultant Stop Child Abuse Now (SCAN) President Reagan 1979 Campaign (Southeast Tour) T auring Public Relations Assl MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERrl AGENDA ITEM # q l.. - REGULAR MEETING OF MARCH 1. 2005 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL TO: SUBJECT: DATE: FEBRUARY 25, 2005 Ms. Rita Ellis has forwarded her resignation from the Neighborhood Advisory Council creating a vacancy for a regular member with an unexpired term ending October 31, 2007 for an At Large Representative. On September 9, 2003, Ordinance No. 27-03 establishing the Neighborhood Advisory Council for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods was passed and adopted. The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student members. Twelve (12) members are residents with two (2) residents selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following individuals have submitted applications for consideration: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. N one were found. Voter registration verification was done and all are registered with the exception of Mr. Todd Harvey. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4) for an At Large Representative to serve an unexpired term ending October 31, 2007. Recommend appointment of one (1) At Large Representative to the Neighborhood Advisory Council for an unexpired term ending October 31, 2007 Neighborhood Advisory Council Vacancy Page 2 Applicant Charles Augustus Mark Behar John Bennett George Braverman Richard Edick Pearl Markfield Elrod Shirl Fields Alice Finst Gerry Franciosa Todd Harvey Marilyn Kennedy Stephen Lampel William Milner Bryce Newell MelPollack Samuel Resnick Nancy Schneider James Smith Teresa Travatello Minerva Wilson Patricia Westall EXHIBIT " A" Neighborhood Advisory Council Occupation Teacher Property Management Retired Attorney Marketing! Advertising Management Consultant Realtor Jewehy Designer N/A Law Enforcement Teacher Neighborhood Organizer Assistant Controller Field Representative Senior Account ExecutivelManager Director Code AdministratorÆngineer Flight Attendant Controller Coordinator/Assistant Housing Manager Community Relations Subdivision Chevy Chase N/A Ocean Breeze Estate Rainberry Bay Ocean Apple Estates Town of Del ray Andover Chatelaine Tropic Isle Kokomo Key Place N/A Hidden Lake Chatelaine N/A N/A Pines of Delray Lawry Park Estates Banyan House N/A Town of Delray Seaspray clean, 9-leaftlíg, comfortaJjfe .9Lir CLIMATE CONTROL SERVICES Deerfield Beach ......................954-426-2081 Delray Beach ..........................561-278-7125 West Palm Beach....................561-848-3774 Stuart ......................................561-223-8583 Fax for Sales ..........................561-274-3501 Fax for Service ....................1-800-791-5647 ~ 1 .. * * .9Lward 'Winning SeTVÚ:.e * * ''Since 1973" CORPORATE HEA~QUARTERS 1900 McNab Avenue Delray Beach, FL 33444-1598 Chevelle Nubin City Oerk 100 NW 1st Avenue Delray Beach, FL 33444 RËCEJVËO JAN 2 0 2005 CITy CLERK January 14, 2005 Dear Ms. Nubin, Please accept my resignation from the Neighborhood Advisory Committee effective March 8, 2005. ~ have enjoyed serving on the board. I am resigning in order to run for elected office of City Commissioner seat #1. Please feel free to contact me should you have any questions. ~~~~ Rita ·Ellis fIoñdoo Nr~ C"'*-s_ ~ ~.. ~ * AIR CONDITIONING SERVICE & REPLACEMENTS * MAJOR APPLIANCE SERVICE CONTRACTS * INDOOR AIR QUALITY SERVICE * PLUMBING SERVICES NðDCIl l..neUt 'II 1m (WIEIS .&fSlCWItI DB.RAY BEACH W " II J! 1993 2001 J~r CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION Name r-I e.S ß~ zPne '1 CAevy (J¡að ~ M. II) Zip Code Zip Code Please e or rint the followin 1. Last Name:" /} u 2. Home Addres . ì-é:. 3. Legal Residence: . e- 4. Principal Business Address: information: B~~ City City State Zip Code 5. Business Phone: E-Mail Address: Cell Phone: Fax: ·/)78·0 1-/-0 ~r- e..1I e 6. fue you a registered voter? e~ _ a. \ \ "~f so, :d~4°U f;të~ed? 7. What Board(s) are you interested in serving? Please list in 0 der of preference: 8. List all City Boards on which you are currently serving or have previously served: (please include dates) NO~~ .. .: :'-ï 9. Educational qualifications: t.J. .5- 1'15 1\)..., 10. List any related professional certifications and fu:enses w . aJ.L,~r-"" Do....h N c.. aY\d PCl( W\ 11. Give your present, or most recent employer, and position: ~()...C...h -e. r-- I hereby certify that all the above statements are true, and I agree and understand that any misstatement of mateåal facts conl2Íned in this application may cause!!~ upon my part of any appointment I may receive. .. -ei ¥ tql ;).003 Note: This application will rem . n on file in the City Clerk's Office for a period of 2 years &om the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. R ECE IVE D SlLTTYCŒlOOBOARD\APPUCA1l0N SEP' "Z,"2 2003 \~ i\" _.....'" "'. ~oll' fliii! 1993 2001 CITY Of DELRA Y BEACH BOARD MEMBER APPLICATION t)J -tU-cJ:Ý (J('ø(kíJy ~l¿~e~e,f DRRAY BEACH .,...... ***** .. .-) 2. Home Addre~ 3. Legal Residençe: __ t\ 1. State Zip Code Fax: ., 9. Educational qualifications: Il *- 10. Ust any related professional certifications and licenses which you hold: #-' I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained ... n ma se . re upon my pan of any appointment I may eceive. - Note: This application will remain on file in the City Clerk's Office for a period of 2 years &om the date it was submitted. It will be the applicant's responsibility to ensure that a CU[ftle·tmlhf·V~ 11ft file. n ~ --.:;; ~CLEJlK\BOAJlD\APPUCATION MAR '2 6 2003 ragt: 1 UJ. J. .S~j: Date: From: To: cc: .Fwd: BoanJ_apP.Qintlnents 8/23120033:24:16 PM Eastern Daylight Time MJBPROPERTlE$ Ibpt@lycos.com jh1 @bellsouth.net Open and read attachment.................... fo~~ed M~~~_..__.___ fSubj: f-IA~4~e'~~<·f JDate: 8/2312003 11 :07:23 AM Eastern Daylight Time tFrom: deloommish@hotmaif.com iTo: MJBproperties~aol.com· l~~~_~. ~~ If!tf!rn~t (D~ta~sJ .' ...... _ _. ~_ 64___"_.-,1.1 .._" _... ___.__ _... -...... .. . -t. ....... _ . ___..... _.. ..~. .. __.. ~.......___-'..._..... --.._........... _........_ _....~______... -_.,_~,....,~ ~_________- ..........__........__~_W'... --- - -..... ~ --. -, - --~.. - - - - -., -- - ----- ---.-- --- - - ) Dear Mr. Behar: ì IÏàvë an"upcOming appointment for an alternate member of our Code EnforœmentBoafIL J~___t. .:.~T~),¡~~ _~~~~~~!iRØj~~~&D.~~.~'¿· , ~~¿L L 17ijj,·,ÌéIá1i&r"1:'''....· . . Unfortunately, openings are rare and its even rarer that an incumbent board .meml.le.r.1$ _ei.th-ªr .Wo:u-Ur:n{te.d gr .d~~O·J ~nJ19 ~r:v~ -ªr:Lo~r _~r:m.lt .i~ my philosophy that if an incumbent is doing a good job, I would like to see them ~ppointed. That .said, .the .Code .Enforcement .Boa(d .is .actiYe .and jmportant 10 o.uJ .city. Even though the position is an alternate one, it is my impression that alternates are very valuable because often board members cannot make the .d3Jtime .meetings. ~lff~~~~~~t~ PO=~~_~L ffo~~~' J ! , v ~~~J .' . {è-·o - Q""UUYI\:l~'Q2IC1'tL' . Büt sUesst this :is a :staFl _ ~,:=~~!=~~&'~~~w~tt1.~~ì ~. v !i~ E!a:.t·"·;·: if'" <'. . . (.~ , r.~:.tL :... .. . ~~...~ ~ __" . ~,r it.' ~. GetMSN 8 and enjoy automatic e-mail virus protection. http://join.msn.com/?page=featureslvirus Friday, -September 12, 2003 America Online: MJBPROPERTIES I 199.3 . -20Ø'1-- / ¿) -I-¿;:J . . .' i?d"l'ed Aft¡ fr. Þ1ease tv.Þe o.r:Q%Înt the foU~~blfø~øn;. '1. .~tNaØiè:l3&;;~~' ~ " .2. Home Ad<iièss: ,.<. /37 S 6'+Sttr~ /J./Ç , 3. Lcgal'Rcsidèncc: ., d /JM¿;- :4. PrincipaJ~~~sin~fKdai.eJS:' Al/A (141a~d a.~~) :5. HomePh~: B,q~essPhõne: ,~~~~s: ;&u~PJi~ 2 -::¡4-Sgl:,'o - <.4.J; ~~ç~(c::,(!~;4 l-J14--K~i6 0 '6. Are.yøu a r~gis,t~~,4'~otâ?" . -~l~.,WJ¡,erC;.~:~ú;rÇgi~,M?"',-," yß ;" , ::tJt:;~.;~' ?i~ '__7. ~t:Boaid(~}·m':yó,{Ú1.~:m~~?'P1We;~tY~~~èî~~~~~*-- ,,' ". CITY O;FfþIELU¥- B.EAGH PM ) MWM·.,pYcÅir;IA.!).N .' ~ ,'~ . . " ' ", -, . '-7 _.~'. ,,' .' , '.' ~()l1e . àewJ ~<:,e GI: " .. ~NaJ;rie 7JOH-,v ..- ''''Gij' . . . - í ~Stãte- -·õ~&:-~ --~' · ~.(?ity. ",' tStåœ' 'N.L ·c- w# tZ¡p:"~~' :. 73'Y'i'3 ~' "n'-':J"~ . .~~ .'4. _ ; ""Rfi' .., · f~ y t17. ..'C . · ~.- . ~ : " .. .: :~Sta~ ;ZiP~~è ~~ 'Fax: 2=}4-?LjS"' . 'F : - "ve-;j ~Þx-I-t~,( /hlvz1'^7 ~~c.J I) 13ð4~ i:)f'tHJ~k;,~1- 'J A/tvl~ c- :4~~~ 1I~;"¡; . 8. . wt aU ût)'!BQúd~on'~~a1;y,õú a{e' áürendy.servìng:ô.i 1i.v.e;p;m_~,~·(P~èi~~da~) , , -¡;n~¡.s ';ú,-tAd '7htk:..'~ (w.:> I). [¡Ji,~ &olD ~hrJ~- ~1f.-7-((t..~ /4)1-0?- 9. EdUgøønáJ ~bc.atiOtis: ' ' /" ~ " '.Á- ß,A-. (w/hr<,l. k4¥J~) S~h. ~fhC- ~/~; J: Þ {rC.ÆYf~~ U...,~~ L, /.w.J .. ~À--.- LL.J1. l./;',v¿~;t, 4 LJ ~Jl., I""-f~ '. 1:0. List: any reJatep;profe.sSi~~~~èations .M '1icèiìsë.S~wtiich'you~ hpld: ",- , , I"Yv ~ / Z5~k-d- .s¿ ("~~/, .L.1. 7?&ò-> , -fT , ~ , , - -1.1'. '(7îve your~pres.en,; or,mp~t~·~eq,;~plQF}_.ncrp;)~ijDJÌ: ~ U.s. NAVY, S-¡)t -I¥- -:1&/lXr..<:' ÞDVð~ ~""/f7JDr-rC.. A/Åv",6Z.- 15'þ;f~ ~:J'Q.;.J J . / 12. Desaibe ~œs..úiJ1s.o¡:~ ~ qua1ilJ,1~ri¡;tô~~e.~:dijï'~ ~aiQêti .-bà~.~er - - - . . . . . ~ ¡.. ¡ . ~ ~ . . . ~ ælÞd.·;;;¿' . , 1-=" ~> - ~ ~.rbeæby'cerØlý-íhataJ1'~.'~ ~~'~~~ aDd}J.P!~'Øø.d~~_~~.~jtì~~~i~~óÍ'in'-~!l1Jàcå '. containedÎn ~<ap.pJiapon ~y øµ&e (oRåtwe,~ my ~Q(~~~n~~J~1 may;~e. ' ' ~ - . .. ,t9c.hl..-.- ~I ~ :~TWŒ . I>.f.'~ . , . . Note: 1ñis .ppliutiori,~,reintin on file iti:the'aty a~~ri ø~m~-1ijø,,~ .)he ~teit;wu A,'.' . ,ubmi~d; It wID be-the· 'Bplicant1sICSponsibiJjty, to ens~JJiãt~'~~eMiJicaúq#iis ~'~e. - . ' '~1ION t (V\ - 1 Ò OCT:'·1 2003 . .. I ¡ \ {f1 I"ITV ". coIL -JOHN C. W. BENNETI' 137 SEABRFFZF AVENUE DELRAY BEACH, FL 33483-7017 ... COMMUNI1Y ACTIVITIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Formal: LL.M., Law & Marine Affairs: University ofW~shington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuine:: Leadership Delray Beach 2002 PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Pr~perty Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community th(ough service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. ) . Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising aq.judicatory authorities. . Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. .) , " pF¡L~': IµFt1 . 9-/6-¿JJ ~;/'€d ;lJwkeJ¡ *.... 'fiii! 1993 2001 CITY Of ~ELRA Y BEACH BOARD MEMBER APPLICATION ;. LOIJe ai' BtEK,H s~L State ~ Zip Code PrinåpaJ Business Address: City State Zip Code 5. Home Phone: Business Phone: -E-Mail Address: Cell Phone: Fax: 5{PJ J7~-5ß(,3 ð~AVOJ~@W5:ß7Ý. 6. Are you a registered voter? '- ~ If 10, where are you registered?DatA BeAcH 7. \t'hat Board(s) arc you interested in serving? Please list in order of preference: ()O Ù I .. 8. list all Cit}· Boards on ~·hich ro~ are currently serving or have previously ac:rved: (please include dates) 9. Edué2noIW qualifications: B5 Bð5TóJJ UN' V. J o. List an}· related professionaJ certifications and licenses which you hold: 11. Give your present, or most recent employer. and position: í2.ET/12.cD 12. ÐaCDDe expaiences. skills or bowJedge which qualify you to laVe on this board: (pJease auach a brief resume) SEE ÂTTACH£D ote: This appliC2tion will remain on file in the City aerk~ ,04 \A@i~ of 2 years &om the date it was submitted. It will be the applicant's responsibility to ensure diãt . current application is on Se. SEP 1 6 2003 ~11ON CITY CLERK Write 111 HÌIaiI message . Friday. Scp1embcr 12, 1.003 9:35:08 AM . Page 1 of 1 WdJTV Networks ". 'mail . . Write an e-mail message From: bmvo14@webtv.net.. .( ) ................................................................................................. To: Karen Schell ................................................................................................. Subject: George Braverman Brief Resume ................................................................................................. BS: Boston University - Major Marketing! Advertising Advertising & PR Manager: City Lumber Corp., Bridgeport? cr nationwide . distributor of building products . BBDO NY: major international advertising agency - account executive on accounts: Pepsi-Cola. Armstrong Floors, American Standard, US Steel, DuPont Lawn & Garden Products . ..) OBI Group, Fairfield, CT, president, advertising & PR agency. Multiple accounts: St.. Regis Paper Co., Weight Watchers USA, Kraft Foods & more Section Editor: Home & Gardens, Connecticut Sunday Herald American Home Magazine, 'NY, director of marketing & promotion FINALLY: Retired George Braverman 2588 NW 13th St. . Delray Beach, FL 33445 561276-5863 18/81/2883 16:56 5613382646 , L1~ I -:7 - /, KItíZ€,J ¥~ IJ//c''V/(r>y.. .r4.~~V3.377<f 'I 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION -- /1 ·ZcJn e I O~eM Ie t'!:J-kt.$ PAGE 81 /ó- /-ciS- ,J113t1:~ull-a:r\ + ~ /?-4&6j 2. Scare FL- Sr3të f~ca3 Zip Code 1. 3. 4. P~cip-al Business Add~<:~$: City Scate": Zip Code 5. Home Phone: ~b t . ;>7'-f 13 6. A~e you a rcgistered vor<-r? Bu~ine:'5 Phone: E-Mail .Address: Cdl Phone: Fax: ,. 70l-'¡o~ ~1,I· 330~U If so. where ar~ you regi5r¢red? t£S . ~'- 7. What Board(s) are you Ínrt-n:s(cd in ~I'\.·il1g? Plc~s~ list .in order of preference:: Stt· 330 77 (::)1 8. List aU City Boards on "L-bien ~·ou í'1'e ~ntly ~<:l:yjng or have prë'\;o\J.sty sa:ved: (pli:as.~ indudç dn(5) ..' ) A 9. Educational qualífication~: 1\1 B fð ~ <S CftðO L- UN t " f\h v' 10. List;my rebced professi4..') lal cenific4òons and licenses whjçh you hold: 1 t. Gi.,,-~ your pre$en[~ or 1110H recent employer, and posirion: ('1fM.74.J8.L V(;"'iíV«ß ~ CG () ïf4:~ Lobl)( {Nt. - CIM1Ilfl\,ðrJ 12. Dcsctibe a:perienc¢~, skill:- or knowledg.:: 'U.-hich qualify you to ~CJ:V~ on this board: (Plene ¡¡crach a brief [c:sum~) , T&a. ( VI L«1. "\ Hatelnent5 a.rc ttl1e, and I agrc:c ~od \llldastaod that ~Ùr mìs,ta.te.ment of m~t¢ó31 faces ~. (~;1ti~C' fo.rfcirure upon my part of any ilppointrocfit I may tec~'e. L ~·~~,O~ DA-\.'"fE Note: This appliqrion ""ill n:ln:~în on fiJe in d1e City Clerk)s Oftïcc for a period of 2 ycar~ from rhç d3tê it was submitted. It ~'ill be rhe :tpplic<tnt"s respons-ibilitr to enSl1ce d1a[ a CUttênt ï'pp~carion is 00 fiI~. , R E eEl V E D '·CfTY("LE (~\80.o\It[)o~""l~^~ ((fI ~I o C-T .:. {1 2003 ~ITV· ~LERK PAGE 02 18/81/2803 16:56 5613302646 - ~ - --.. City of Delrav Beach Advisol:'V Board Member ADÞlicatÎoÞ Rich.rd Edick 12. I have OVer 25 years of management experience as a Inanagcment consultan~ FortUne 500 execùtive, entrepreneur. and private investor. I am a current board member of two Dekay-based not for profits: Aid to VíctUns of DomeStic Abuse (A VDA) and Save Our Seacoast (SOS). ·AVDA·s tnission is to assist and shelter victims of domestic abuse, provide counselíng. and conduct prevention prograrns. SOS represents AlA residents and other barrier island residents. in Delray and other adjacent colnmunities who share its mission of preservation, beautificatiotly and safety of the beaches, the scenic A 1 A roadway, and the chara.cter, look and feci of the south Florida seacoast. I bave also selved on several not for profit boards, including being a fonner Vice President 8J1d President of California's largest chapter of the American Cancer Society, and Lifepath, Inc., Pennsylvania's largest provider of programs for the mentally retarded. . "! ~ .....---- -- ----..--.....----- ._----- --- ..----.---.- ~.- - i PfaI¥~·~ft! 'fflì! . -1993--- 2001 '-. ~ q-/8 -¿?J -.1<€4/kr- ~ {2.oD 2. Home ^~~: ~ 3 W n125T 3. 1.cga1 ~ g ß- j/19 CZ-- 4. PtincipaJ Business .Address: S J9 _J/V7 L CITY OF' ~ELRA Y BEACH BOARD MEMBER APPLICATION 2oJ1eS- )ðvJl1 ofl\o . N.L Z- . WOØD2tioÌ1: City State Zip Code 5. Home Phone: Ðusiness Phone: E-Mail Addre,~ h Cell Phone: 510171~~71 5GI7t~730 í3\.{@)~·~~tt~ ~'J 7tJ';;>..73c>. 6. Are you a registered voter? 2- S If 10, where are you registered? 7. ~'hat ~d(,) are you intereSted in serving? P1easc list in order of pœfaenœ ~l h bo ~fft)C>D '. d Vl5ò ~ '. LI h (!,/ 8. ~t all Ciq" Boards on which you are currently serving or hsve previously 1Cn'ed: (please include dates) . ~ f 10. List any related professionaJ œnïfications and licenses which you hold: ~M- TO 1 t. Give your present. or most recent employer, and posiåon: \ <¿II RnlzzÆ h (¿ 12. 'be . IkD1s II' .~M"" ~gualiJy to tis ~ £pJcase auach ~ ~ ~~57~~5 ß'l'~~;e/7T' P/~'lMoø - ] Y£1'he. 1-~1_)/J b I '1i-lI-¡¿ tw 7lJuJ íff5J<. ~;2C~ "t (lzS OF1h5.l~ T3ilMh~ !J J~ /òþ cnily that an che above lwementl arc true. and J t¡ree aød understand 1bat my 1DÎI1"~H\t of m'~iII1 facts · this appIicati cause c:iturC upon my part of any ÇpoinunCDt I raay receive. . ~3-o3 DAm Note: ThU application wiD remain on ble in the _, a period of' 2 years &om me date it was submitted. It will be the appUcant', ~tnriY þ) áiiùïe that a ammt application is on file. .~ ~1IDN . S EP 1 2 2003·' '. ':"1 J....I, :..vv~ .LI -.L.L .'n.4. '. I } RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER (14 Yrs) . REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRfIT PARK HO~ OWNER~S ASSOCIATION (4 yrs) BOARD J\.ffilvffiER PROGRESSIVE RESIDENTS OF DELRA Y (2 YEARS) ~\ 'j ME~ER S'W/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITIEE FOR THE NW/SW REI)EVELOPMENT TASK FORCE) MEMBER DELRA Y LOOP a..CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b.WORKEI) ON CLEAN-UP COMMITIEE DAY BEFORE OPENrnG ~ OF LOQJt>-PICKING UP GARBAGE IN SWINW SECTIONS c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF TIffi FOLLOW ING WEEKS OPENrnG CEREMONJES MEMBER FUND RAISING CO~TfEE FOR THE MILAGRO CENTER- ! i qy vv ;:,J vv ~ . \ I DB.RAY BEAOi - 1 t II J! 1993 2001 9 -~:3-ó5 S'øJe·!r-i Ù 'e:1t3 fJ/e r CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~ne3 þjOtN~¡J.3 PI . th£lt in£ . " . ease type or pont e 0 o~ onnatton: 1. Last Name: HELl) 5. Name ~/ £.L- M.L ~ 2. HomrJìress: dð; ~ Ci S~L- Zip Code ,£7:5: ~¡</7Ø .~ ~r ty 2/£LRA y 3:!J ø¥.J 3. l.egaI Residence: City State Zip Code ~...¡.u&" - - """"' 4. . Principal Business Address: City State Zip Code - - .:.- "- 5. Home Phone: Business 'Phone: E-Mail Address: Cell Phone: Fax: . 5t/..¿,:33.-1 2£, I S#~~.&u.-~ ~Z/- .?'¥~-¿/so 5Z/-i ~ð'..-/~_~' ~Nlir 6. he you a registered voter? Ý £3 If so, where are you registered? 7. What Board{s) are you interested in serving? Please list in order of preference: A/Ø/~H/S~~ðO "·.LIbP¿~¿J~ e;o ClA./~ L- " 8. LiSt all City Boards on which you are cw:rendy serving ot: have previously served: (please include dates) ./ I 9. Eduational qualifications: A-. " ~ ~~~.- ~A ~ 5'~-d c:. . /Û, ,., "/;IO?/ G"O ../ 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and posìtion: " ,S'-e-L-F ~¿?L-.ð-YeTJ - ~~ ø~~~ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) p~-s.~,?'o~~ /9"72-.77 ~,.... , /L.4 ú..s'~ p¿? ~~ ¿;¿~ y VS-~'$ r þ.Ç. ~¿Y/77'- /A/ pr/l f'p~" .;t:=-~~..:- y /T..c?7V'/ P'7ê~ /t/ ß4/ S,.,o~~,-::_ . ,; , Æ-br77A/~ , ;p~ ~~. e¿J¿¿,.<;/V'Y ~ /'"Lr ;Z>a~c.Þ~ I hereby certify that all the above statements are ttu<; and I agree and understand that any misstatemetÍ.t of material facts 7 in Ibis ap.pljcation .may cause forfeiture upon mi part of my appointment I ~~ve. ') ....,(/ h -,~_.J/_ ~ /~ ./ -- ~ ...,.,.;-- -....,., 0 :3- ~IGNATURE- . DATE "/ ", ~ .,' Note: This appliCation will re1D2Ïn on file in the City Oerlès ~f~ p!,vt1~ears from the date it was : submitted. It will be the applicant's responsibility to ei1s~r~ tlia~ curren~cation is on file. " : S'£DYa.EIUC.'ÐO~t1ON SEP ·1·.~ 2003 / YYJ t)/I¡ ~'_,ø ...--.. _~.. , '1. ..t" r ""-"': BfA?! - "II~ 1993 .2001 - ·9t71o -t/Q . .~e Ctl¡JJtllA - ## CITY OF DELRAY BEACH BOARD f¡¡EMBER APPLICATION z,/)~ / Clta¡tJ/QIÌ\~ .. . iníoønaû em: Name ILL 1\ \ \ ~e.- -\\. 2- ~~ State ~ Code "Beo..C-~ +b.. . ::S3V4~ 3- aq Staœ Zip Code ~ 4. Ciq State Zip Code 5. Home Phone: Business Phon~ E-Mail Address: Cell Phone: Fax: t-f. ~ 'is -Î \ ~ ó j # C, Y"\ s.."\-@cd+.~<d '-f \ 5" -¿, ;w 7 4 "9 -0 Ô" 3 6. Arc you . registered voter? "t e.s. . If so. where an: ~a.~ ("'a..~ ~ e.lLC~ . 7. Wb2t Board(s) att you inœretled in ~ PJcasc list ill order of pœferenœ; .. ~.€..t. '~~~C!;2)cl ~à~\$ê~~ ~~\:~:-:~ .:.::-. ., . . - 8. List an City Bouds on which you aK cum:ødy semng or have pmou.Jy land: (PJeue include datcs) So ¿;J. Y\. c\ .' ) 9. Educational qua1ifiaúons: licenses which you hol~ ß~ 12. Daaibe ~I. aIdJIs or bowIedF wbic:b qaaJilJJOU 10 taft OD this baud: (PJeuc ItØCb . bØcf aeaume) ';2~ J hereby œrdly that aD the abaft lU~mfnc. ue uue,1Dd J ~ aød aødeøtaad that.., m1a~NI~t of m~·1 facts c:œa.incd in chis appIicaåOG may cause fod'åtuœ upoa my pan ollftJ ~ntmcftt I may nc:eive. 0.-~ ~ .;j~~ A &IaJD-3 S1GNA1UJŒ DAm . Note: This application wiD remaiñ on file in the City Oakt. Oflice for. period of 2 yeats from the date it was ì submitted. It wiJ1 be the applicant's rnpnt'$JÑ1iq to eosure that. current appJicaúon Ja on file. . I W\ ~'II . REC?EtVED - SEP 2..6 2003 ) Resume' Alice Finst 707 ·Place Tavant DelmyBeac~ 33445 Application for Neighborhood AdVisory Council # 12 Describe experiences skills or knowledge which qualify you to serve on this board Listed below are some of my civic experiences since moving to Delmy Beach in 1971. Please note that dates are approxi1lUlte and 1IUlJ' extend several years. Memberships Homeowners' League of Chatelaine 1970's to present Chairman Architectural Control Committee, Editor, e;'The Chatterlinesn Member Board of Directors, City Commission observer for Homeowners League Progressive Residents of Delray Beach Board of Directors:> SPRAB monitor Delray Beach President Council, Pride in Neighborhood Committee Mounts Botanical Garden League of Women Voters of South Palm Beach County since 1975, Delray Beach Good Government Committee . ) Lobbying Activities Acquisition of land for Barwick Park, (also served on play ground committee). Land acquisition for Fire Station at Barwick and Lake Ida Roads Sidewalks on Barwick Road Fencing at Veterans' Park Playground Bright Park Service on City Boards and City Related Committees Pineapple Grove Pre Mai~ Street 1993-1995 Beautification Committee Community Appearance Board 1985 Historic Preservation Board 1987 Education Board 1990 NorthWest/SouthWest Neighborhood 2002- SidewalklBeautification Committee Cultural Loop Walking Committee visited 80 sites J"une 2003/ History Committee School Advisory Committees A.D. Henderson 1986-1996 S.D. Spady 1978-80, 1999-present Atlantic IDgh School 1987-present Other .City Commission Watcher since 1979 FRO·1 : GER-SH 1 FA:><: U). : 5612660746 Sep. œ 2Øß3 11:-WA(01 Pi ) onÞY8~CH ~~ '1111. 1993 %001 - \ . ~~ K /1 R--èfV .~ w3-3;¡--:fý lj-/J'l-ð5 1.eI//t~d L~ £;¡£rcp M e,r,f ( :--- CITY 0' DELRA Y BEACH ----, Tð/e- BOARD ,.,EMBER APPLICATION J~J~e 6 ~ M.L 1. - 3. Legal Ilaidcncc; City s~c ~~~e Sate Zip Code 2. City ... PDnåpal Business Address: '/j,.rtf 5. Home Phoae: Busincs$ Phone: fi ~ '~D( 6. Arc you J registered '90ter? City State Zip Code i. - 8. -J IJJpr -9. Educaóom1 qualifiaåon.s: 611 - 10. List any ttlated professior:W cení6otions and licenses which ~u hold: 1 t. Give YoW' presm~ Of most recent employ"_ and position: £Jt?r r This ~plication wiD remain o~Wty ~Ff·' Ofii~ for. pcDod of 2 yeab from the date it waS - DUne<!. It will be me apptidiJll?i ht~1IKf-lo CDSU.tC that. cum:nt .ápplication it on file. - - . ";. ~'11DM SEP n 9 2003 CITY CLERK ~ I I ; j i ¡ f ~OF DELRAYBEACH . ~ MEMBER APPLICATION /)-fL 1 i . -v; , Fax (561) 681-0023 {) , ¡ v~t ~t<~1( information: f.I) .1.. tf M. I. T ~ Code Zip Code SQ~. Zip Code 33yi, THE SCHOOl nl~TRICT OF PALM BEACH COUN~ FLORIDA ESE Department Todd Harvey VOCATIONAL ruUNARY TEAmER sœOOL- TO-WORK TRANsmON 1950 Benoist Farms Road. Please or rint the folio . 1. Last Name: ~Æ- 2. Home AddrCS$: . - I ~" - Ç)7L-.- 3. Le!;4U Residence: SA)1(£ 4. Principal Business Address: /f~ fk/Jtfl6i-FAehJ 2cf. 5. Home Phone: Business Phone: . ~Jo7lC¡-fJ.'r (sz/ tK-/ -OððrJ 6. he you a registered voter? ~ //-/J~45 7ødter Lv. Name -/ 01).(J City City :S ~ f3- City ~.¡- pÁ'm IhcU#- E-Mail Address: Cell Phone: cJ C¡lif~qIZ2 Fax: - --=-- 7. What Board(s) are you interest d in serVing? Please list in order of preference: '.::,~) 8. list all City Boards on . "v ð n...e- CIu/l C t busly served: (please include dates) 9. ~ucational qualifications: .ð .. 10. List any rdated pt;ofessional certifieatÌons and licenses which you hold: -r15Adh. t t. Give your present, or most recent-employer, and po.sition: 6/ h'fi¿ aJ¡lJ(} ? Ai /11 ~ra1J w".Jy-- 5C.ltðð ;.Jh<./~J- , 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief reswne) all Wk24lkc! in k/Jl' . - vdued /Ì7 J1.e L'øÞt~/1~. . ?R~,/J!'~:f 'rJ . ') .' Note: This application will remain on file in the City Clerk7s Office for a period of 2 years fro~~èfV E D submitted. It will be the applicant's responsibility to ensure that a current application is .g Me~ . S'OTYa.EIlK\BO~ NOV 1;.:..1 £UUJ ~ITV ~I r:RK Pf¥':1¥AP! - "1111: 1993 2001 9-/0-¿¿6 )Je ;Sh I» rho~cI t't:3Q 11'· 2-:e w/' CITY OF ~ELRAY BEACH BOARD MEMBER APPLICATION 2cJn.e .5' ¡ I t I of. PzinåpaJ Business Address: Name MARILYN N.L E. Cry DELRAY BEACH Searen ~ Code 33444 City $tau: Zip Code City 5tau: Zip Code DELRAY BEACH FL 33444 2. 3. LcpI Residcncc: SAKE AS ABOVE 141 SW 12tb Ave. S. Home Phone: BusiDcs~ E-Mail Address: Cell Phone: 278-3096 _ ::ll!.6}55 ~~ rilynagain@aol.c 6. Are you. registered voter? J{ so. where ue YØU rmisœred? YES PALM BEACH COtntrr-~-DELRAY BEACH 7. What Boatd{i> aft you mæra\cd in KrYiDg? PJcasc list in order of pa~~ Fax: 279-7606 8. r- 9. NUISANCE ABATEMENT BOARD - 2001 ucaúonaJ qua1i6caüons: SOME COLLEGE 10. List anr rdated professional cmifications and licenses Ylùch ~ hold: GRADUATE STUDENT FROM THE LEADERSHIP DELRAY PROGRAM, DELKAY RESIDENTS PROGRAM & THE PALM BEACH COUNTY RESIDENTS ~ 1 J. Give)'Our ptaeDt, or molt RCalt emplOyer. and position: NEIGHBORHOOD ORGANIZER HAD DADS OF GREATER DELRAY BEACIt J2. Describe ~ .. or bowWp which cpIiIJJDllIO ICÞC OD tbia boad: (PIcuc aaxb. båcf'resume) I'VE WORKED IN THE NEiGHBORHOOD BUILDING CAPACITY FOR THE LAST 5 ~. 1 hereby caåfy that aD the Ibowe _,or ß)t1¡U.- ... _I apcc _ ~ that ., mWt{~f. mH\t of m-..M1 facts ~:7o/~J~ar-mypmollAJ8pp¡.~p~ 03 S1G DA1E I Note: This application witJ remain Oft 6Jc m the City CJerk·. Office fot'. period of 2 )UtI &om 1hc date h was submitted. It wüJ be the applicant', œspœsibility 10 easuœ that. c.wœl application ø 011 Se. ~"'* " / fY} ~I RECEIVED SEP 1 0 2003 CITY CLERK Sep.25. 20031l 9:55ÄMI I! 1993 2001 BÄTH ÀND 1ENNIS No.0279 p. 2 ·~C A'¿ -q..-#v~ ¡ h:7W:knr (1,t}·Mler infODD2åon: CITY O~ ~ELRA Y BEACH BOARD MEMBER APPLICATION ¿¿n-€- ~ J!¡kk/ ~ ~.LJ SÞk ~ Cod¢ FL 33l¡ 1..-/ 5' State Zip Cod~ 1. 2. )/~ CLflJA 3. . . 4. Pñncipal Busincss Address: S· cxflJ~ CòlL1V 110 5. Home Phone: ZipCod~ . V£L Clf1 L ~ÅC /;1 f'- 33lJ C¡.f,J E-Mail Address: Cd( Phone: Fax: ()¡{E5¡{ef rffffJ/tG .~ 111ð7-1 oil!! 1£ so. "Where ue you tegistacd? f)£ 7. 'WMt Board(s) ate you inœrested In ~rving? P1eas.c list in order of pre~ City State r!J<c ( ) 6. ¡C,-CJJq C'o(Y)fY) If' f f serving or bave pJXVÍous.ly aaved: (pless(: indud~ d2tcs) .~-.~ . - - r- -- J ï { .. ..... " 1.1("' ( .. _ ( ;,. ;- ..:..-- . ~...- -.. . '" ) rnGP(}- 10. Lisr; an}" $c:bt¢d profcnioD21 cettifi~tions 21ld licens~s whiéh you hold: 11. Give Your rC5en~ Of most ~ecent em.ployerø anð posiåon: - .. é#. ,-.. " , I ASS I. '--AvÎ CC,.J7~( II F IZ. Al(Y) 6!J£f)CL.¡ ( 3l '1 5 12. Desaibe apClÍencc¡, W11s or ko edge which qualify ,O~ 10 acne on this board: (Pkase aaach . bricf resume) E SVtn F , U{?W7 [() f () Æ" f ~ "..") I C L V () f - f r-1 I ü SrI ~-(j f\J ~ {,(:--at .. 1 hereby eeaify Wt aU the above narcmcnu ate I1Ve. aftd 1 agree and UDdcnœnd that my lIdS,cawnea.( of tDatctW bets conuined in this app1ia.àon øu.y caùse Corfeiture upon my pUt o( .oy appoimmCDt I may ftCCÌve. ~ j) 6fCh-.z~. q/0'1/0J SIGNATIJIŒ DA"IE ·.·.-·ì . Note: 1.1üs applia.õon will remain on liJe in the City a~s Office fo.t . period of 2 ycars from the mtc it was 5\lbrrù~d. It wID be the applican(-' rcsponàbility to ensure th2t. CUIIU1t appliaûon Î6 on 6Je. . ean~TJ:»I RECEIVED SfP . "~Ia 2003 , Sep.25. 2003 9:56AM BATH AND TENNIS No.0219 - p. 3 , '\ , ) STEPHEN' J. LAMPEL 2185 NW 141h Street . Delray Beac~ FL 33445' (561 r 276-9292 r . suMMARY, _.' . Seo.ior Açcountaot with more than 15 years experience in corporate ~counting, an tàcet of forecastjng~ budgeting!> and financial ~nalysis EXPERIENCE 4199-5/00, $enior Attountant : . GOØDWJLL JNDUSTRJES OF GREAr.ÉR.þJŸ~ Astoria. NY . Se1f.:motìvateâ individual proficient in all aspects 'of accounting including .' .tjn~a1 ana1ysjs;J budget~> prepaid e*nses~ finanCial stDtéinen~, monthly dosing and journal enlries~ and'maintaining annual audit schedules ï~ a non' profit ~r.ganiÜtí()n. Co01.puter literatei:n Excel and Qi1íckbooks. . ' , . : 7196.4/99'· Seßior Accountant . . TKR PROPERTY SERVICE7 Brooklyn.. NY, ", ".- . , ,All facets of accòunting ,~nd propertÿ manage,ment for successful running of over 30 residential and',commercial buHdings)ri New York metTopo1itan , areâ.. ResMDsìbilities include' preparing ~nanagement report~.. shareholder , relatíon$h~'p5:> atten~ng Board mee~ings> preparing budgets> lax~ and "payroU preparation ' .:.',-:) . r 9185-6/96 .' Contro"er/Offi~ Manager . . MARKEllNGEQUITfES INTL> New York> NY . , . _ _' ResPonsibiJities µ¡c1 ~de forcasting> b,udgèting, j.ob costingt financial rePort generatioil, ,aCcounts receivable and payable and payroll.in a êomputcrized envÌronment.-, Adn).ini~tered employe'e benefit plans including medical.and ' 4<.Hk.;·supetvised ofij.~e ~' ' '.' -. ' .. 6/81..9/85 AcœunþD~ SIDNEY, YOS:KOWITZ'& CO.t Great Neck., NY ',' Responsibilities inc;lu~e \vrite-ups: general ledger work, accC?unt a'nalysis; financial statem.ents~:federal and State: tax -retuins; for a. ~aiicty of cJjénts in ?l puþlìc 3ccoun~i~g firm.'. '. . " - . ' . , .ËDltCATION , . St Jobn?s Uni~ersity-MBA Accounting-June -1983 Queens Col1ege-BA' , . ' .' .' r O£lRAY BEACH ....... ( - ~ ) 'tilt 1993 209L 9-L/-as- .. . fiela' 'i~fJ/'¥'~'J-fol tI~Cen~l<~ lJurrt::t£ . .5. CITY Of ~ELRA Y BEACH BOARD "'EMBER APPLICATION 4>ne. I -OÁ1- 2- 3. 4. 6. 7. U'hat Board(s) are you intct~$ted . ( ·OLL~~ I 8. List all·CitJ· Bouds on which you are currently serving or have prcvi - served: (please include dates) .) 9. EducatiotW qualifications: ~p . ~ea 10. List an}' rel2ted professional cenificatiOÍ1S and 1icU1ses which you hold: See 11. Give your present, or most recent employer, and position: +o-i-ì \/.e See- . I hereby cmify that all the above statements are uue. and J agree and =demand that any mism~~t of mtW'Î~1 factS fl!~1\tUKfoñåUftupoumypatto(any~~~Q3~ 51 NAroRE· D~ r Note: This application will remain on file in the City Oerk's Office ~<lY f!€) £rom the date it was submitted. It will be the applicant's responsibility to ensure that. curret1t.application is on file. .\r{ìJÀ\~ SEP O~_ZOQ~., ~ . ". \ ·f . \ " ) (.. ", ) ~, "Bill Milner 3400 Place Valencay Detray Beach, FL 33445. 561-637-8896- " . Professional History 2001-Present ·US Census Bureau- Field Representative 1999-Present Pre-Paid Legal Services, Inc. - Independent Associate 1996-1999 - Mustapha's Wadi Catering Services- Co-Owner Education B.A. Interdisciplinary Social Sciences, USF, Tampa, FL I èan make a- meaningful contribution to the Neighborhood Advisory Board for the following reasons: -- . -- -- - -------.-- · I understand the need for and the mechanics of building consensus . Ability to wòrk effectively with people· from all backgrounds , " · Aware of the intere~~s and concerns of our business cònimunity ,- Conscious of thê limitations and the possibilities of public policy · Empåthetic to the challenges to homeowners of modest means · I know what makes a community attractive to outsiders and welcoming and comfortable for its residents All-M8ñcaCity ltßJ! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATIÓN J¿llJlIo!- ~. ~~ . - t)~YNACH =:_ c. 0:. ..-..... 'a'*,*,*'" .. S 4. "'v1 €.. 4. P.åncipal Business Add.r~s: ~o. h,/1 ~ 1/17 Name ß¡- ML Cê. City (J (5B~h St2te Zip Code e!/î r/ .33C¡Y City Sone Zip Code City State Zip Coclt: Pk2se c: or rint the foUo - infonnanon: L Last Name: ÆJewell 24 Home Address: ;2go ,dE ;J~¡ A fJe. 3. Legal Residencé: 5. Horne Phone~ rJór J 78- 10(8' 6. Axe you a registered voter? Business Phone:: E-M..ûl Addx:ëSS: Cdl Phon~; br}€wef/1 ~~+Ma:~1 Irl¡!<tt¡3-33f/ If so, where are you registered? Fax; .es 7 _ 'What Board{s) J.re: you interested Ít1 serving? PleaSE list in order of preference: ~Æ ~/Í1Þt,,; / L<4j Zen J'/l Cl /ÜV<i/"1 8~,. ~~ ~ __ ty .~~~~.?~~~ch y (~dr((1(1j ,,1jVJ~:¡- CC4:/1c/1 S;k ~/f í-eVl'e. aye pr~viously served: lea~~ in~l~d~ .~t~) 94 Educational qua1i6carions: A·A. It{. {¿i()+-/~'¡' 10. List a.ny rehLte.d professional cenificaåons and licenses '\vwch you hold: 11. Give yow: prese.n~ or most receat employ~ and position: / ;_ _ ..oa .J f re// /<ea/tGí 12 Descnbe expetiences~ skills or kno"vledge 'U.-iúch qualify you to serve on this board: (please attach a brief resume) lê.~o./~ I h~e:by ctrtify that a.Il th~ aböv~ stttements are true, í'nd I agree and understand that any mis$t.~témenc of material fa.ces conUÏnt:d in this ~pplialtionffY ~u.se forfeiture upon my part of ~y a.ppointment I ~ay rl:Ctlvt:. ~ ~ RECEIVED //iÄs "J;NA JAN 0 5 2005 DATi Note: This application will remain ?n file in ch~ City 9~s.. gffic~ for a period of 2 y~ from the date it was submitted. Ie will be th~ applicant' s ~þÞ¥iIß.~~w:e d1at a. cw:rent application is on file. . S.aTYa.E~~ru<:.....tIOtl Bryœ Neweß 280NE2Dd Ave. De1rav Beacb~ FL 33444 Home, (561) 21&-3068 Cell (561) &43-3311 E-mail bnewell l@.hotmaitcom PROFILE Mad:eting 2nd saJes executive with 6 years ofhigh level outsíde sales experien~. with a provén track rcoord in d~veloping new business &lid driving revenue in leading edge toohuologies. Strong 3J131)'tical, aeativc, and communication slalls developed through assÏgmncnts in 5ttategíc pJanning marketing communiçarioas., product launçhCi3, and training. Excellent leadership abilities demomnrared by delivering results 1hrough highly mod.vaIed and ûn8gjnatiYe team$. ProfðSÏDlIlIl ~,imce FDN CommuDic:atiou; West Palm Beac~ FL Senior Acœunt Executive 4/04-Presart Prov:ide daIa productS and services to business tbrougboltt Florida. and Gc:oTgia.. PliJn8l)' focus on international multiple location corporations relying on high use data transport. In the top ronning for rookié of the 2114 half of the year award. MeLeodUSA; ~ IL &.mior Account Executive 3/01-2104 Mid-Market telecommunications sales position Úl greater Chicago land area. My responsibility is to acquire new Business only. Services consist of PRI's. TI·s. VPN'"~ Frame Relay and WIreless. Typical month includes running approximately IS new appointments, resulting in 4 to 6 orders nmging fTom $506 to 13000. --: :ì ./ OearOne COlDmnnkaûons; Westmon~ ß.. Senior Account M8J\~er 1 f02-12102 Vìdeoconferendng Spedalíst position. brought on fO esrabLish madcet share in Chicago. Comptmy provides end-to-end solutions for v¡deo~ audio and web oonferencin.g scIVÍc.cs. Primary customer focus is Fortúne 1000 8J)dHigher Eduartion market. Taqdberg, LLC; Chicago, n.. Rcfrioøal M~ 8/01--6/02 RespoIlSlòle forseUing TANDBERG Videoconferencing equipment to EducatÍoo and Medìcal Agencies. Partnered with consu1tants and system. integnrors to provide the customer with a complete solution. Current territory consists of Illinois, Indianå ~d Wisconsin. IUV'IeW; Chicago,. n. Busines$ Development Maoaeec 10/91·7/01 Worlced with equipment dealers~ sysœm integrators and telecommunicañon companies to develop new acroUD(S. IncTcased company revenue by 20% by creating a partnersbip program.. Developed worlci:ng re1ationships with system. intcgra.rors. equipment manufacrures and telecommunication companies.. Consulted 'with IT and T elecom Directors on Videoconferencing services. ") CSC Oftiee Automation; Rolling Meadows~ II. Maior Account Manager "EDUCATION 1991-1993 1993..1995 2/96-9/97 A.A... Business Managemen~ College ofDupage~ Glen Ellyn,. IT.. BS,. BusÏDêss Administration. Loyola University:- Chìcago~ IT.. -/ ~':B~ - "IIi! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2. information: 3. Name JVl 11 City M.L t. ß Iv' .C> l)~l ~ 54 Home Phone: City - ~~ \ ~.( -t \ ; ..t. cL l.<.tr t c:l ~ \ ~.c.... Business Phone: E-Mail Address: Cell Phone: State Zip Code 4. Fax: ~ 7:;"-?b Iß 6. Are you a registered voter? '. ) 9. Educational qualifications: ß. s z=c -. i ~.&.. u ~ to!. ~oA. 0.. ~ . . T1..~.1 ___. =r .1___ .11.1_..1 _ _ _..0._.___.. ._. o. . .._ 1 T _____. .._ 1 _.1._...__.1.1_.. .__ ._.~__._._..___. .r___.._=.1 r._.. .:c-.~,(.ft. ~-" -~~-\:'~N. _l.~",~ _~.~. ._3"~__ ft-~ØVL._ ~- l.. t-.f.~~r---~-T~<,..- tÁ~-~ ~ ~ ~ r JZ... CL ~ ~ \J "" ~ c...v 1. t--~4"\ ~ ~.....t .. -. . - - -. -. - . - - - -. , ~,-ci-..\;",~.t.. ~""- ~\.1 .....~.'\\.~$~'" ~ W k"-4{"'¿.L"~-<-- , ~ \ 1 ~ ....1'.J1' ~ ...~~ _~~.~_~-,!,~~,L~-r __CI r= ~,~:,.~_l_f~,:-~~: - . -. . - -- - - -------- - - ~ --- ._-- u(Jo~ _ ~~ __ f.r:! j 1 V\;\. "^"\. <!. ,-'" J...Il.. eYor r.<-.. ~~....... ?/.2'(~ 3 - o .... <\ À- RECEIVED JUl 3 0 Z003 CITY CLERK 2. CITY OF DELRAY PEACH L.bk .4h:./£¡' :J BOARD MEMBER APPLICATION 3-;J9-t?{P \ ) 3. State Fl. State information: l?T~ ~;'''.Qð v.d 1. 4. Srate Zip Code ?Q.wt-e.. Home PhOne: Business Phone; S.a ~-<- E-Mail Address: Cell Phone: ~L.4-t4..~q~3 Fax: -- ~ \, Te PI a"1 A 4W'CkCL ßJ.. 8. list aD. City Boards on which you are cuo::eo.tly setving or o ~.":) 9. (3"""" ~ Co~ I hereby certify that an the above statements ace true., ~d I _agree atld undet:St2ttd that any misstatement of marecia1 filcts contained in this application may cause forfeiture upon mf"part of ån) appointment I may receive. . . ." ) ,1./;:( lc4 'Z c¡, ÜXJ 4- DATE is appJication will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's r~ponsibility to ~sure that a current application is on file. S'ClI'YCLERK\BOARD\\PPL1CATtON , ) Samuel Resnick 2835 SW 13th Street DeIray Beac~ Fl. 33445 Ph# 561.330.8419 Resume of Samuel Resnick 1. Education . a) Graduated 1Ì"om City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) . 2. Licensing a) Retired professional engineering licenses- Flori~ Connecticut, New Yo~ New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Veimont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee 1Ì"om 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. . 'c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction 1Ì"om 1995 to 1996. . ) .' 4. Experience 'a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (~cept for two years in U.S. Navy uti three years iB eaginoring school) worked for various architectural and engÎIlooriA~ firms. .4 ,-. ... .... ...:=:': .:'. ... ... t....~. .~~ .-... .. - .''O . '" - . .. ., ., - - . ." . - . ..... " . .: '.. . . .. .... -. .' .., . . '. . . '';~~. .. . .... . ···.:)~:~;fi. . -. - . .-.'. , . . .- .. .. . -. .. . ':. ..-.. ., ...') . . . . . -. . . .. .- . .... . . .- . . . . . . -.... ......-..... . :..:..' .- . .-. .. '.' . '. ". - - . . - . '.. .. , .:.'.. -... -........... ... . - -. . . .. . ~_:c()t\S-µ~.~~ ~~.~··-as f·ollows: . . ..-~' _ . . . - . .......~:..:.:...~ -' ~,,,. . 'fes "I . . .' 1 f' ld' åñd' tit . --. ~t' .' ..' . . . '. . . ~~~:~-:-~::~c~ _~~ ~~-:~ . .) I 1993 2001 /#4fl.-¿6' fÍtshf-JlkndQI'L+ P.Ieue or tint the fo . information: 1. Last Name: S \ _ . 0'v'\V'\JL : 2. Home Address: AS, ,3. Legal Residence: CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2ot\ ~ ~ &4J"Y (lµ-J¿ é2/.,*~ M.l. t: ~Vrt Zip Code Name 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone:· Fax: ; ~\ è~~ S2.~~ S ',6. Me you a registered voter? \J ~ ~ .: 7. What Board(s) are you interested in serving? Please list in order of preference: : 8. . . :: ' ~ ~, '! 9. Educational qualifi . 10. list any related professional certifications and licenses which you hold: " 11. Give your presen~ or most recent employer, and . ~ ~ I herebY certify that all the above smteÍnents ace troe, and I agree and understmd that any misstaœment of material facts - in this -. n ""'Y cause fudèiture upon my part of any oppointment I 7e. . Iv/C' . DATE I .,) Note: This application will remain. on file ín the Œty Qerk's Office for a peñod of2 years from the date it was , submitted. It will be the appIicanf's responsibility to ensure that a CDn"ent.ÄPplication is on file. . RECEIVçu ~11ON OCT :2·2 2803 r'ITV f'..1 I=RK OElRAY BEACH ~ INaBlcaCity "II J! 1993 2001 / j-lJlI-tJt/ ' c,oJro(/~'- CITY OF DELRAY BEACH BOARD MEMBER APPLICATION -. /!hnytln ¡ju6e , -z¿,rle ~ Please e or rint the fQllo . 1. List Name: information: &;ZO;l Cio/ :J4me$ b~1 ~ ðeqcJ.¡ State FL State M. I. £... . Zi Code ' '3) Ý.83 Zip ~e Sf)1ifh 2. Home Address: - B J ¡3.:J. S- J. tJc.e4'1 Iv. . 3. Legal Residence: S4",e qS Ä.~ð" e. 4. Principal :Business Address: Name City City State Zip C:oQe 5. Home Phone: Business Phone: E-Mail Address: Fax: 7. 8. .~.;~ - E. J ¿ e..". K e.4 ~ r ce... ~ DO;J. 9. Educational qualificatÍ?os: 5 t<l,., UI1;.,ers;+ M 61. - , V\,.tI LYS; of. . M.·~ to. List any related ·professional certifications and licenses w ·ch you hold: ;. I . . t 1. Give your present, or most recent emploIer, an<!J>osition: ,".,.e. - FÞrli1(.Y \ V p "f ~, . .\- Note: This application will remain on file in the City Clei:k's Office for a period of 2 years from the date it was submitted. It will be the applicant7s responsibility to ~SU1"e that a current ~~iM~ . ~t:: Lì 1::.1 ~OAItD\APf'LJCATION ~ nv - ,. 2002 Î -z \ '~~L~RK 5612780555 ~'\~ p.l \)~\.~~ ~ "\I.J RÈCEIVED ~lo SEP 1 6 2004 CITY CLERK Sep 16 04 09:33a DELRAY BCH CHANBER p~tR..A': B~A..C~ ~ ;t¡¡r 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION information: Name 'SFL State FL ß~ ~~~ City ~(Ú-- City ~<-¡~ State ~Jl- ~ Cell Phone: ~ \. s:>"'-ö<Oi':) 5. Home Phone: Business Phone: SlD\. 5t;-\ . D\.QLS 6. ~\,·r1<1·~()'f Jt 8. Use all City Boards on which you are curreody serving or have previously served: (please include dares) )\ ~O-D~ Me ~3~~3 Zip Code 33~)i.J~ Zip Code 3~q.~-<-f Fax: S~ f . '2'-.&- oS<;S bbA. .ß()a...co\) tf<\ ß!\ ßocu-o\ j 3:\j ßCú.-0 I 9. Educacional qualifications: ,. 6a Q. ~··~_J.lf)·D ~~~-L)...: ,~ 10. Lst any related professionaL certifications and licenses which you hold: ~.~ ö () 6 \)~f\ c@ \Jr~a. s~ aA.f.VL ~'fNLA-Ul.. - 2- I heœby cercif}' that all the above statemem:s arc true, and I agree and understand that any misstatement of material faces coma.ined in this application may cause forfeiture upon my part of any appointment I may receive. ~_ ~ ~\\(~\~ð SIGNATURE DATE 1 tJ-LI .Note: This application wm remain on file in the City CLerk's Office for a period of2 years from the date it was ) submitted. It will be the applicant's responsibility to ensure that a cu.rrent application is on file. S\CITYCl..ERK\OO^RDV\rPLICA TlO¡": ~~ I tþ JI/1 Sep 16 04 09:33a DELRAY BCH CHAMBER 5612780555 p.2 255 NE 2·.... A venue Dc1ray Beach, FL 33444 Phone:(561)504~615 Email: travatello@earthlink.net RECEIVED SEP 1 6 200~ CITY CLERK ) ." - -... . - J _._ . 0-. - . . ..... .,.......... .-q¡ ~ .' '. - -.- -"-". '- OBJECTIVE: A -director" s position in the c3Teers of media, public relations, and marketing that win use my acquired skills and expeTience in communication, management, maTketing. and organizational and persona1ly developod interpersonal skills. SUMMARY OF QUALIF[CATIONS Expertise in developing and executing marketing stTategies. Effective in generating new business contacts, providing product knowledge and client development. At ease with various one on one and group speaking environments. Prove track record for successfully achieving goals. Skilled in the use of MS Windows, Access. Excel, l\1ïcrosoft Word, Photo-shop, Adobe Acrobat, and Microsoft Publisher. Highl)' developed communication. interpersonal. organizational. teaching. program management, and leadership skills. Dedicated and self-motivated team playec. Demonstrated ability to quickly achieve organizational inregration and assimilate project requirements. ) WORK EXPERIENCE 01/04 - present Downtown Detcay Beach Joint Venture, Assistant Coordinate special events, brochures, and flyers to promote the downtown. Write and send press releases, work with media and coordinate sponsor participation in events. Phooograph events and meeting for publication and archives, Organize Marketing Program member participation in events, brochures, and retail promotions. Produce monthly community caJendar of events. Coordinate annual Downtown Business DistrÏ<:t Map. Serve as Chamber staff liaison to the Downtown f\-1erchant and Business Administration and ocganire quarterly networking meetings. Assist Downtown Coordinator with other marketing Of economic development projects. Attend Joint Venture. Downtown Merchant Business Association and Downtown Development Authority board meetings. Create news pieces and events for website marketing. wide wocld web. and Greater Defray Beach Chamber of Commerce Newsletter. 10/02 - 12104 Advertising Representative Advise and execute advertisement campaigns for business and merchants in Downtown Delray Beach. Effectively serviced existing clients as well as assist new clients with advertising needs. Maintained positive credit status with clients and company through efficient collections. Accurately proof and design advertisements and news storys per client needs. Attend trade shows and sponsored events representing The Forum Publishing Group effectively. 06/00 - 10/02 I.\fa["keting Director Actively manage short and long term leads to qu.alify prospect..~ and advance them through the sales process. Developing and maintaining reJationships with a targeted base of referral SOlU"ces. Maintain a working knowledge of local market trends and competitor offerings and pricing to develop effective sa.les and marketing action plans. Conducting property and community-based presentations and educational ) ) DB.ItAV 8£\01 - "III! 1993 2001 t¡,2l(ð5 f/tXl:5 ;1\3 /J¡:J ' information: CITY OF DELRAY BEACH BOARD MEMBER APPLICATION __ 20he 6 ];úJ 1\ ðFh e ~ M.L~ . Zip Cod~ 1. 2. 3. ~ St2.~ FL 33. Fax: -X5.-OPðl, 6S 7. What Bl~(s)' ar~ you interested in serving? Please list in order of preference: -~~š?:_J/\J G:r.G. Hßc:>f. Ç.) At) 1.>'ðe.; ,. ':) 8. List all City Bo~rds on which you 21:e cw:rcndy serving or llilve previously served: (please include dates) 9. ÐËM'-i G:eAÐüÄt0 11. Give your presen~ or most recent employer~ an4rR?sìtion: rJ L~V~~ .fD~~ ') /Joo~wG pe-06iAH ~~G'€{>~ 12. Describe e!{>eriences. skills r knowledge which qwilify you to serve on this board: (please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement ,of materi2l &cts . ed in this applicati n ina cause forfeiture upon my part of any appointment I may receive. - . < ~ .. CYr'l/o3 DATE . ) Note: 1ñis application will remain on file in the City Oerk7s Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to efrEcefVEBplication is ~~TION \ ct\ ~\~ SEP Z4 2003· . . \ J . . MINERVA L. WILSON 205 N~W. 8111 Avenue pe1:ray Beac~ Florida 33444 561-276-5941 . EDUCATION . . . American Homeowner Eduèåtion & Counseling Institute, Wáshington, D.C. Ianuary'2001 'Received National Certification for Hömeown~ Ed~cator & Counselor (CHEC) . '~J . Durham Nixon-Oay Business CoUege~ A~ Texas JUlie 1988-June 1989 Graduated from Legal Assistant Program in June 1989 B~D Jr. CoUege, Bryan,_ Texas, Summer 79 and Fall 87 . Completed courseworlc ~ Psychology and Real Estate . . '......) . . ) . . .. ....- - .-.", --.. ..:.. . PROFESSIONAL EXPERÍENCE . CENTER FOR TECHNOLOGY, ENTERPRISE'& DEVELOPMENT, 95-:-Piesent Bousio2 Pro2ram Manner . . · ~e dày-tO-<bÌy operations of the Affo~dable Hóusing Program · oversee and manage Americorp volunteer · actively promote the goals and image of the program wit.h1n the community by ~g the p~blic awarè ôfthe programS and develop participation in the fonn of clients, sponsors and partners . · ideiJtify and enroll qualified first-time low-income homebuyers ~oughout the s~ce area · assist pote~tial homebuyers in resolving credit issues; ca1cuJating mortgage caPacity; ideotifyirig subsidy sources; selecting a lot, house des~gn and builder; preparing a construction package; making application for construction ~ permanent financing; and ~ as the homebuyer's representative throughout the completion of construction .. work closely with lenders and government agencies to ensure that all loan and subsidy requir~~nts are satisfied '. . · continue, evaluàte 'and monitor existing programs for the Housing Department and, with approval, create and eXecute new ideas to improve the progmm · seek out new opportunitieS, negotiate and enter into projects~ in conjunction with the 'Executive Dïiector~ beneficial to the Program · support training through homebuyèr education workshops ~or homebuyers ,~.-:' · work closely with lenders arid government agencies to ensure that all loan and subsidy requirements are satisfied- . . responsible for preparation ~d submission of Housing Depar.tnient budget to ~ included in . Center's annual budg~. . · respo~ible for preparing project budgets for use in evaluating potential projects and for ~ in actuaI construction o.f approved projects . · 'responsible for seeking out and applying for grant and sponsors~p opportunities BuSiness Incubator Administrator · provided·direct suPport to the Executive Director, staft: volunteers & clients .. interviewed ~ clients for Business Incubator · rèsponsible for clie~ coo.tracts and .agreements, invoices and pa~ent sèhedÌ1les · rëSporisible for c~~ prog¡.es~"r~Ï1S~ .ni~~y ~rts, æld ~~~ .r~its - .. . . _ . . n . . -------.-----------......---- . . . ..'".., --'" ."-. ."' - - ..' .. - -------- ~ ..-., .. - . - \ . Minerva Wdson - page 2 · dra.fte<L type<L and proofed létters, memos; contracts and v.aßoUs other documents · workshop coordinator . . · maintaine<L coordinated and expanded the ëtrorts of partner inStitutions involved in the program in ~njunction with the Executiv~ Director · continue<L evaluated and monitored existing programs. . · supervised workshop schedulœ, arranged for advertising, regí$ati~ speak~ materials; setting schedule and location . . Administrative Assistant · Office Maoage~1 AdminiStrator· _ . · . supervised the operations of the Ineùbator facility including the maintenance of the office and . responding to the business owners' needs · provided direct support to Executive Director and Incubator Coordinator · . recorded and typed minutes of Regular Board meetings · answered phone and provided secretarial.support to 50 plus cliënts 4 ". . . - . ....:) . ·OFFICE OF ~ A1TORNEY GENERAL, ~/89-6/95 . Natural Resources Division Lee" Secretary n. . · maintained complete and accurate co~l of attorney client files· . . .. dra.fte<L type<L and proofed letters, memos, coin:racts, and various le¢ d~ents · filed plearlÎnes witJ¡ court clerk .. - . · . prePared and assembled exlnò~, notebooks, and Øocuments for·court · . coordinated travel ~ements for .attorneys; prepared reimbursement vouchers . · opened and distributed mail to attorneys . .. . p~ automated doc~et sheets _ ,. .. utilized case management system by q>eµing and closing cases · entered timesheets for ~rneys, ínvestigators, and law clerks . ~ . monitored post-judgment collections · . assisted legal billing coOrdinator · retrieved and entered ~ on computer _ · óccasionally setVed as back-up receptionist . . . . .. . . Antitrust Division Administrative Technician n (Case M8lia!!ement and Le2aI Billin!! Coordinator). · litigation support for prc-trial discovery· . · dra.fte<L. typed and proofed letters, memos, Contracts and vañous legal documents · entered data relating to cases p~ time and cost incurred, and payments ~ved . . · made travel arrangements an~ þrocessed reimbursement vouchers ~ legal bilfuig coordinator . · rnainþi...ed a centralized record keeping system fot opening and cloSing cases · op~ computer: fo~ ~e~ ~ ~ ~. .. . · ei:Jtered timesheets .for attorneYs, iny~gatÒrs, and law clerks . · served as central records liaison . · maintained law library . .. microfilmed documeÌJ.ts · . _distributed mail and ordered supplies ) . .:... . _ ... . Safety officer . · se~~ as ~-up TeCq?tio~ . . . . . - . . . -- ..". . ... . .. . .. - . .. -... -- . - . . - .. _. -.. --",--_.. --- ..-.. ....----- -----..-..-....-.....-..-------.-:.. ----.,,---------------.-_.. - ... ."-.." - .-- .. "-- - .. ."- ..--" .-.. -- . . Minerva Wilson - .page 3 , , ) · ~S COSEMOTOWGY COMMISSION, 5/89-6/89 , Data Entry Clerk · entered ~ from cosmetology license appli~oris · implemented quality control procedures ' - .. . produ~ ~ generated cosmetology licenses . , , . -. WËsTERN TEMPORARY SERVi~ 7/88~5/89 Secretarv' , . · prepared corresjJondenée, memos, p~i~gs, and other legal documents .. implemented quality,Control procedures · ptaintaioed files · answered multi-line telephone system . . . . . . · FIRS'Ì',CITYNATIONALB~Bry~ Texas, lO/8~8,' - '. .Attounts Specialist . : , , .' ,- ' · ',~sisted customers With their account balances,' deposits, and problems · prepared financial.statements · maintained articles of incor}iomtion · microfilmed documents , . . . y . . .'. GENERAL TELEPHONE COMPANY, ,BtYan"T~ 1/76-8/~4 _ Accounts Services Representa~e . · ~liéited commercial accounts ' · set up new accounts for residence and business customers · assisted custom~ with billing inquiries · aSs~ in the collection of delinquent ~unts , · . assisted with,the development of the' telephone directory PROFESSIONAL ASSOCIATIONS _ Member of Executive Commìttee Carver Estates Youth Pr<>gran1, Inc. Member of Advisory Committee .Co~uiüty Justice" Planning Center ' " , Delray ·l3eaCb Residents Academy ., . . . " '. .., . . , . . . . . . ' .- . ) : .,'. . . _"_ . - .0- _ . . ..r. _. _ , "._.. ... , ' . .- -. . . '" .- . ..". .... .. ." ,------.-......---.....--. ---.-------...-.........--- ---....- - "-- . - .. '-. .". _ .."hO '. _. .......... _ __.._-_.._._........._ Please 1. Last Name: ~)J t? ~ ~ 2 Home Address: ~ 3. Legal Residence: ~ 4. Principal Business Address: 'If'/~fe .' '" ó}-{lfUn/1j ÆjI/. ú CITY OF DELRA Y BEACH t! b ~ BOARD MEMBER APPLlCATIONRE6'éNE0 NO 1 2 2004 .~ E M.I- ( Zip Code OElRAY BEACH ~ .II ~City " II J! 1993 2001 City State Zip Code ~ 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: f"'. -C\ 8. List all City Boards on . ch you are currently serving or h 'J ~ If so, where are you registered? ~L leaseJist in order of reference: v 10. list any related professional certifications and licenses which you hold: ~.~ . \\~~ I hereby certify at all the above tements are true, and I agree and understand y mt tate ~ed in this .appli~n may canse forfeiture upon my part of any appointmenr I may receive. ~'\~~ \ .\}.~t\~ill . ~ \ \ OC\.\ ~~ SIGNA1URE DATE .) Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\ClTYCLERK\BOAIU>\APPUCA TlON ß - - . - ./'-. .- '\ PATRICIA T. WESTALL 1102 Seaspray Avenue Delray Beach, ;FL 33483 561.243.7959 - Patricia _ W esta1l@hotmai1.com ------------------------------------------- SUMMARY A high energy heaithcare professional with over twenty years of experience in client services, specializing in clinical consulting,-marketing, sales, strategic planning and admiñistration. Excellent problem solving abilities and group process skills. ~an work with professionals and groups at any lev.el.· SKILLS CLIENT SERVICES Managed hospital accounts at executive level as point of contact, from initial delivery/installation through complete product/service delivery with consistently high customer satisfaction ratings. :) STRA TEGI C PLANNING Directed hospital strategic planning process. Served as planning consultant to clients for defining goals and objectives, negotiating vendor contracts and refining market share strategy. MARKETING Directed marketing activities for clinical outcomes management firm and was VP of Marketing for birge urban hospital. COMMUNICATION Strong presentation skins refined through managing a variety of sales presentation models to large and small groups, including physicians and hospital boards. SALES Successfully sold multi year contracts for clinical I financial outcomes products and services to hospitals and health sýstems. .- EXPERIENCE. June 2000- September 2002 Consultant and Independent Contractor, Atlaotå Georgia aod Delråy Beach, Florida Hospitål and Physician Practice Managed Care Contracting March 1998- June 2000 GE Medical Systems Healthcare Solutions, Atlanta Georgia Regional Director/Senior Manager, C~ient Services Responsible for account management for clients in multiple states as well account renewals and additionai product and consulting sales. } " September 1990- February 1998 IAMETER, Ine., Atlanta, Georgia Senior Manager Present~ sold and delivered clinical outcomes products ¡services to administration and medical staff. Directed marketing activities and training of new sales, marketing and account management personnel Participated in planning sessions as well as development of new ~nsulting- practice areas. July 1983- April 1990 GEORGIA BAPTIST MEDICAL CENTER - Atlanta Georgia Vice President, Planning and Marketing Directed planing and marketing fu~ctions -for this 500 beØ nOJ;l-university teaching facility and its affiliated organizations. Coordinated strategic planning process. Directed development of data support systems. Managed public, community and guest relations. Coordinated all physician support activities. Supervised staff in six supporting departments. June 1982 - July 1983 EGLESTON CHll..DREN'S HOSPITAL AT EMORY UNIVERSITY Atlanta Georgia Strategic Planning Analyst Coordinated statistical support for facility strategic plan. Served as liaison between hospital boar~ administration and long-range planning strategy consultants. ': '\ -j EDUCATION 1990 M.P.ll. - Health Administration Emory University - Atlanta Georgia 1979 B.B.A. - Health Administration Georgia State University - Atlanta Georgia SELECTED PROFESSIONAIJVOLUNTEER ACTIVITIES · Society for Healthcare Strategy and Market Development of AHA · Georgia Society for Healthcare Planning and Marketing, Past President · Women Healthcare Executiv~ Fo~nding Member · Georgia Nurses Fou~dation, Ine. Board Mem~er 1994-1996 · GSHPM, Annual Meeting, 1993, Faculty · NABDO, Southeastern Regional Meeting, 1994, Measurin!! Provider Performance.. Presenter · Quality Review Coordinators ofSW Ohio, 1994, Makin!! Sense of Data. Presenter . ') .-' ') · · · · · · · · · ". ') j ') South Carolina Health Information Management Association Annual meeting, 1995, Presenter " International Communications for Management, Direct Contractin2'96. The Future of Mana2ed Care. 1996, Presenter International Quality and Productivity Center. Best Practices in Direct Contractin2.1996, Workshop leader Community Service Award, Women Healthcare Executives, ~OOO Cedar Hill Enrichment Center, Bo::,rd Member, 1999-2002 Metro State Prison for Women, Atlanta, Volunteer, 1997-2002 Palm Beach Literacy Coalition, ~eading Tutor, 2003 - present Delray Beach Residents Academy, Graduate, May 2004 Beach Property Owners Association, Design Guidelines TaskForce, 2003 -2004 · . 1102 Seaspray Avenue Delray Beac~ FL 33483 November 9, 2004 Venice Cobb Executive AssistantIBoard Liaison City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Venice: ') / As you suggested in your e-mail ofNovembér 5th I have completed a new Board member application and higWighted those areas where I think I would qualify for thè Neighborhood Advisory Council. Please note that I have yellow highlighted the sections òf my CV that focus on community involvement and leadership. While I would certainly be willing to serve on the Construction Appeals council I think it is pretty clear that my strengths and experience are much more in line with Neighborhood Advisory. Thank you for your input. Should I plan to be at the meeting when this is presented? '~rdially, ~ - \. \ <.~ _\~.. \D~ '\~ Påtsy Westall .) MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER 01'1 AGENDA ITEM # q ~ - REGULAR MEETING OF FEBRUARY 15, 2005 APPOINTMENT TO THE NUISANCE ABATEMENT BOARD TO: FROM: DATE: FEBRUARY 11, 2005 At the City Commission meeting of February 15,2005, Ms. Eileen Marks and Ms. Greta Britt were appointed as regular members creating two vacancies for alternate members with unexpired terms ending March 31, 2005. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21,1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following have submitted applications and would like to be considered for appointment: See Exhibit "A" attached A check to confltm all are registered voters was completed. All are registered with the exception of Kenneth Kaltman. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointments will be made by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3) for alternate members serving unexpired terms ending March 31, 2005. Recommend appointment of two (2) alternate members to the Nuisance Abatement Board for unexpired terms ending March 31, 2005. John Bennett Pearl Markfield Elrod Philip Friedman Kenneth Kaltman Nicholas Loeb Bryce Newell Arline Sherman NUISANCE ABATEMENT BOARD EXHIBIT "A" Retired Attorney (also applying for Board of Adjustment, Neighborhood Advisory Council and Code Enforcement Board) Realtor (also applying for Board of Adjustment, Neighborhood Advisory Council and Code Enforcement Board) Realtor/Financial Aid Financial Manager (also applying for Downtown Development Authority) Real Estate Senior Account Executive/Manager (also applying for Board of Adjustment, Downtown Development Authority, Neighborhood Advisory Council and Code Enforcement Board) Physical Therapy Manager ''''I:I~~ . -e 199.~ . -200'1-- / ð -I-a$" i?d)I'ed flft¡ .;\ Please t.VPC 01: Þ.ånJ .the .£oUøNu·.ÜÚÞJ;œal1Øn: -1": ~tNári)c:~6v'';~''~ " .'2. Home Adar.ess: - ' , . 137' s~ru-~ AJvÇ - 3. Lega1~ ~dènce: " SÆJM~ 0::4. ,PMc4par~usinc~'{KdiUcss: A.//A (/2da-"-d a/tJv-J\~ ) CITY ~f.\~I~!~~r: ':~CI:I .~ ,ISØA_.P M~~.tll:lrApJP·~'C_TI}ØN r- " . :. .'.:..<.--.,/". '. LOne J aelY7 ~e~e GJ -- ~,~aØie -;:TOI+Al "'G--'- .'. .. ~~ ",tJ.õt:£~/ &-~ :-~tj.. ~StátC r£- .... :'Suœ' ')1;L :.' c- w. . ""7~' ":~:J~' . ~~¥)~~ 73Y~ ~i....~ n"'.;;. .J ," ~ ~~~- '. -, ~Gtv: ~ .n~_: ,~,"'!f ... ..... '> .. ?Síatë ·<7~.:...~~~·~ '. .~.~e ~~. ::5. Home'Ph~: 'B~ess Phòne: ,£:.~f~~ss: ~Cd1'.J~h-= . 2 7-4 - gK 60 - ~J; b:.cA nf ~(~ <!ao!'úJ, L.J I if - a16 0 .'6~ Are you a regis.t~~,~o~? . ~'UI~~'·~~~~~1yØu:.~~?~:" yes- -.. ". :Þei--~ 71~· ~;ì. 'Wbat;~t') .Ù'ê'.ÿòu1oièrcSwtinseMng? 'P1ëaseJi~t~~1~q~Pi.if~~~ ' 'En:, 2 =J4 -7L.s-.r .' ~"' ." '" .. ~. ~ .¡: .....-" ~ '- - . -tV~~~~ItJl),( ~vt1~ Cð~c.[I) 13ð4M ðf-·'~Wk.,~t ~Aí~!~~)¡~i;,~ g~::i:~:' ~8~ -Ust all 'CitfBQUd'š':on:w~aí,)',Ôu' aJ;C'éuirend}' serving Of-'Ií.v.e:prm~;~'·~~éiJíid~ë· da~) ,- J;;,nf.s ';<Ärt/;d {6¿k ~ (w..:> i), l1š-(~ zÞlD ~~r;~ ~_;t(t-~ /4)/-o?- 9. EdùCl.øonàJ ~1ic.aúons: -J , . ß,A-. lw/hrtfh. J,4>-J~) S~1l I'k<I'Vf- G./~; -zl Z> ~lVh~ U""';~' /..w..J : ~À- J LL.Þf. (/;',V¿~;'Ä 4- LJ~J~",\-....c~ ··to. Usi· any rcbte'd-profe.sSiò~T~èations and 'liceriSë~tW1ùclj:y~:)¡~:h.~a: . {. J"Aß / 75"J/..n-d èJL ("...J, L.:I. 'Z?.:::..../' ' , -., #. ..... ." .. :11. qiVe yourr<prescn~ or :Í1i<ist"~t~ønpJöyet, .and' pôsi6orl: a us. NA-t/Y· J7JttF¥- ;1~<- #Dvðc.A('f- ~~~I'K A/AWÞ2- I!'Mlt::. ~":¡:ro;J J / 1'2. 'Desai6e ~~st.W11s ói:boWJedge ~ quilifj;i4µ\~~~:~~'.l~~Jd: (P~'.~ i'~~~e)." ~ æ-IÞd.~ " . : .... y :]~heJ:eby'caåfy. iha,t;aJ1'~ë abàVc ~tä:ncms' uè:aüe.- aDd}J:~!~t~~~f~~~~~~ariY~JJ1'!~~t,ofm..tió~1'fàäi' '~cd'i~ ~.app1icaPon ~ÿ ca~e f~ei~,µponmy ~:Qf~I~~~~;I may receive. .' ' ). .~~~ - .. . ~~q-q~ (I ~'3 . . N~tc: 1ñis'a~pli"åon.~ remain on file in.~e:aty q~s ø~m~.'~.,,~ jiate it:wu: w- ' .,ubmi~. It wiD be-the,..pplicantJ, mponsibility,to:ens~~'~'1'P1iQÚ~~ op;~e. . ~noN OCT ..> ,'1 2003 . " , " ,.,., I ,.,. I .... n I' JOHN C. W. BENNETf 137 SEABREEZE AVENUE DELRAY BEACH, Fl 33483-7017 .. COMMUNITY ACTMTIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community thr:ough service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. ') I , . - ';¡l?~/kr '7-;J-tJ5 OElRAY BEACH ........ ."**** All-Amerlcac1 'Illt 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION Please e or tint the {olio' infom12tion: 1. Last Nunej1J ft-f2K £ L t2-o '0 2. ..Home AddrAs: Ið. -- Ll } 30~::>W /K-SI IJYZ- 3. Lcg2l Residence: . S A-fr?7 2- 4;;åp:Z:eSSAdd~S:c;;, 2- ik 'ðtybOA-i2ÆìOJ1 SFL ~~;{L 5. Home Phone: Business Phone: E-Mail Ad ess:kh 1 Cell Phone: Fax: -1t 'b 6bl J¡C) <;;-7/7 5b/ 7o:J- 730() B!dJYl/7 L-I r¿OY11 66 17(}~ 73ðD 56 /d/I ð7A 6. Are }'OU 3' registered voter? '-f c¿ S If so, where are you registered? z: J J;2-/J 7. \\'hat Board~are you intet:ested in selVing? Please list in orda of preference: I:) D )9- ~ ék /'9--t-/ n J-A-/U b 'Ýv i?:>unn State FL- State M.L ) ~ . 8. 9. EducaåorW qualifications: f!- I G-II C;;ChÓð / 10. ust any related profession2l cenifi 12. Desaibe experiences, skills or knowJcdge w1ùch qualify you to servc on this board: (please attach . brief resume) Note: This application will remain on file in the ç¡~f!6I~or a period of 2 yeus from the d2te it was submitted. It will be the applicant's respo~\'1liiy trI wurc 1mt a cum:nt application is on file. Ia'lYCUU~T1ON U~/~~/~UU~ ~I:~~ rhA RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NA11:0NAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRI1T PARK HO:ME OWNER'S ASSOCIATION (4 yrs) BOARD :MElvffiER PROGRESSIVE RESIDENTS OF DELRA Y (2 YEARS) MEMBER S'WfNW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITfEE FOR TIlE NW/SW RE[ÞEVELOPMENT TASK FORCE) MEMBER DE,LRA Y LOOP a.CO-MAN.A.GED TROLLEYS FOR OPENING DAY EVENT b.WORKEI) ON CLEAN-UP COMMITIEE DAY BEFORE OPENING OF LOOJ?-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF TIIE FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMlMIITEE FOR THE MILAGRO CENTER. ." ~UU~i uu~ ~':8fAj:~ tdtd ANnmC3; 'tilt 1993 2001 f?~q / f.:, r / R"ct nc : ð '" ~ Q6./' CITY OF DELRA Y BEACH -SOARD MEMBER APPLICATION Please 1. information: 2. ~ 3. Legal Residence: " ~ ft-~o~ 4. Principa1 Business Address: 'VAJe N 'City State Zip Code E-Mail Address: Cell Phone: Fax: 6. 7. 8. e currendy serving or have previously served: (please include dates) NO .AJe- 9. 1'~n..¡U 5" ~~ ~4.S\f\¡~ .~ 10. list any related professional certifications and licenses which you hold: Note: This application will remain on file in the City Oak's Office for a 'period of ~ from the date it was submitted. It will be the applicant's responsibility to ensure ~~V\þ~on is on file. S"OTYC1DX\8OAaDIAJ'PUCATJON MAY 3"0 2.003 -.__1 ,.,.., t:C\( -p \... \ \ \. .(! \-~, ed.tV\.;3Jù <7 ~o 11-\ \4M19J'1~ ~(1..l~ . ~~ ~ P\ 'bß\{Ç--3 ~(£,l -~ 7Co -¿}·.:;µ:J7 &l\.\.C4..~Ðf\? _ 'B.A. I'" .f:Co~h\IC.~ - H-~Cø )\~) .. Nv-v ~nÚ-.C-t l?r-- IC;~ ~ 1\1\~.A-, <bka./\J ~C»ooJ .f4.'jCA...- I N~o~ C\~ {q~ IN C!1 (t..\,t. e~, e.t\I~ Ie:; (p,s-- /Cj6'iS CLAhØN ~~Cø~~oÑ ~T~ ~~\.~+ ¡C¡6:,f(-/97,- L.euo-L ~(l.ø~~ - g~ . TA-x ~~\q.lt~t 1C¡7~- ('ì'l8" Ct-:Ö- u.vlJeß/~~l~ ·f.b.sfS~U¡\J\\/~I4¡ ÌÁ~ (" ~NfW~1tJ-t f)lá lfA.. \ {~'-/ I (<ì ~S - I<=] 'ìt> ^l.vN19n.k1\}~6)MJ'Y\G~- ~~\~ tÑft.2-c~k~~~- UM-s . -=t(1A~~ &-1 (~"'9J..l.e{J (~\~c\'G,N~.{~~ ~~h. )¿.eJt\ es.:>~ / <^.rv\-rc¡ V'-€..S .) ~ ~0z:>\J\J . co\l~ÑO ' 7 -øE)-2ØØ4 1 ø: 12AM FROM NCS 561 330 7648 P.2 ) . OURAY 8EACH ~ ;'ii~ 1993 2001 7-&-Ó{P knQIlCC0 fhaí'\~eý CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION Please rint the followin information: L Last Name: C~'-''"tM~ 2. Ho e Address~ \ \ : c ..\ _ oB N~""" .::>w,.,,~ 3. Legal Residence: , ~t ~ ~\,t..u-.:' 4. Principal Business Address: ~s-~ Name r- \-t~ ~~ ~ City D~~ City t.(..I~ City f\6" S-~ f\,~~~ ~~(t E-Mail Address: M.L g~~ 8- Sute Zæ Code 53'1 3~~¥( Zip Code State FL- State 5. J-I01ne Phone: ~(- ¿7'-{ -{,7JI 6. Business Phone: ~~ fL Cell Phone:~ ( Fax: Q ( 17ö-\f'Ssî . I ~ ~(..S()AlJ~ (4 ri\ 13ò -70 Yy If so, where are you registered? s~'t<83 7. '#'þ~t Hoard(s) :are you inte}fsted in ~"'TTr1f\g? Please.Ást in orde.c:....o.f preference: ~ ~ (}N (' -( I'\-6 ~l(.. ~ ~ 't~{}w t"""L- t~ 8. List all City Boards 00 which you are cucrendy serving or have previously served: (please include dates) 9. Educational qualifica\Íons: N\~ ~~ ~ \-- ~ t 1 ^ S t-v"c.0< Fe ~A--r4 e -Q 10. List any related ptt~o~ certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief reswne) ~ ~~ e ove statements are true, and I agree and understand that any missta~eot of material facts . n may cause fOtleitur: upon my part of any apPOíntmen~ ll¡;:¡ DATE ' I ) Note: This application will remain on me in the City C~etk's Office f~a...J2.(r.rio..d~Ryears from the date it was submitted. It will be the applicant's responsibility to ensB&.~~lication is on fi1e. S\CITYCL£ItK\80ARD\AI'PUCA TlON JUL -ti 2004 ".-rv ". call 7-06-2ØØ4. 1 ø: 13AM 1994- present - 1982-1994 - 1978-1982 - 1965- 1978- 1961-1965 - NASD Exams - . ~ FROM NCS 561 330 7648 Kenneth T. Kaltman National Compliance Services 355 NE 5th Avenue Delray Beach, FL 33483 National Compliance Services - Manager and Field Auditor National Regulatory Services - Sales and Compliance The Securities Group - Senior Partner! Trading and Compliance Lehman Brothers - Senior Vice Presiden~. Trading - established London and Tokyo office for Lehman New York Institute of FinancelUniversity of Tampa Series 63, Series 7, ·Series 24 P.3 ) All-AmeñcaCity , 'II J! 1993 2001 '(J- ~- Olo 'ü~ ~ ~ ~0~ CITY OF DELRAY BEACH OCto Iv~() BOARD MEMBER APPLlCATIO,.cIÌ"Y 9 ?OO{ C~S'f?k" DELRAY BEACH ."0..0" ***** Please tint the· followin infonnation: 1. Last Name: LOE8 Name Jý IC Hb JJJ 5 City ~/ítíl f!clJA:h City MI. 2. Home Address: / . 0 I J IiJ /8 ~lntLisS4l)LL w~y 3. Legal Residence: 3tlml. (lJ above, 4. Principal Business Address: 22? t?t/adlJ Rd· Suìlc 22:3A State F¿ State ?4> Code 33183 Zip Çode PL Zip Code Jg43 City Boat /4d¡ 1'\ State 5." Home Phone: Business Phone: E-Mail Address: nmlo(b@ 40( - UN- Cell Phone: -3/1J <.fg 4 . b+ZS- Fax: 5l, /. 265· 3q 70 5&, ( . 241 - C¡I71 6. Are you a registered voter? YES 7. BfJtáf¡O;J .10M! ~. List all City Boards on which you are currently serving or have previously served: (please include dates) NDN~ 9. Educational qualifications: ß/JmELtJI!- ðP ~ClevC&' /¡if NANA6f31ENT I . HfJAtVC£ h!l-1V1L 10. List any related professional certifications and Ìicenses which you hold: (}~riFìetJ · ¡¿¡vi þ(/Li FFi(£fL 11. Give your present, or most recent employer, and position: NlèJfoui.5 L¡¡æ fN(E1..NATÌONR L I fKø"f)EJ\fI/ (e1J 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) Séé A1fA(}I£/) R.eSUNE· I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this a licat:Ïo y cause forfeiture upon my part of any appointment I may receive. It> /,? bøo<../ DATE -¡- Note: This application will remain on file in the City Clerk's Office for a period 'of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYa..ERK\80AR.Ð\APPUCATION ) Nicholas M. Loeb nmloeb@aol.com 2255 Glades Road - Boca Raton, Florida 33431 suite #2~3A.. (310) 384-6425_ PROFESSIONAL EXPERIENCES 2002 - Present Nicholas Loeb International Boca Raton, Florida President and Chief Executive Officer Los Angeles, California · Founded a real estate company to purchase and remodel properties. Have already remodeled and sold five homes. 1997 - 2002 International Production Company Los Angeles, California President and Chief Executive Officer · Incorporated and managed a company in the ~ televisiOn, and media industry. Devel0pe4 and produced major motion pictures. · Secured financing of $5001(, developed, produced, ~ or~ni7.e4. managed and sold the award-winning feature film, The Smolœrs~ to MGM, which has grossed over $5 million to date. Quincy Jones served as Executive Producer, and Dominique Swain (Lolita), and Thora Birch (American Beauty) starred in the film. · Produce<t organize<L managed, secured financing and setup several episodes of an award-winning documental)', The Living Century, with the Independent Documentary Association. Barbara Streisand served as Executive Producer, and PBS bas aired the show. · Assisted in casting, scouted locations, and mised funding for the independent feature film, Absinthe. Summer 1997 Primary Colors Los Angeles, California Production Assistant · Secured movie set, and provided and organized extra actors for the feature film starring- John Travolta and Emma Thompson directed by Mike Nichols. Developed necessary materials and con~ for actors and film management. Summer 1996 Universal Studios Universal City, California Corporate Development, Motion Picture Finance (In.ternship) · Sef up datab3Ses to produce information as requested on genres by categories for gross sales. Assisted the motion picture group with analyzing financial data. Scouted and researched actors for future Universal projects. EDUCATIONAL ACTIVITIES 1994-1998 Tulane University A.B. Freeman School of Busines~ Bachelor of Science in Management; Concentration in Finance · On-Campus Orientation Coordinator · Division 1 Track; Javelin New Orleans, Louisiana OUTSIDE ACTMTIES AND INTERESTS · Council of Trustees for the Republican Party of Palm Beach County · Member of the Boca Raton and Defray Beach Chambers of Commerce · President of the Republican Clqb ofDelray and Hiebl~nd Beaches · Centre Kids Committee for Center for the Arts at Mimer Park · MSBL/MABL Baseball Player; South Florida League · Deputy Sherlfl: Los Angeles County Sheriff Department · Board Member, LOs Angeles Sheriff's Star Organization (LASSO) · Vice Chainnan, Sonoma Loeb Wines · Mèn1ber7 Host Committee to "Starbright Foundation" . Member of the "Nicholas Committee~ to support the New Yorkers for Children (NYFC) · Member of the Esçada Heart Committee · Volunteer Wrestling ~ Santa Monica High School · Member, Screen Actors Guild -ifñj! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION tJ ¿Itxfd hfß" ;L!P5-' . . oøAA.V-aEA.CH .- L 0: c t·"- IÞ - . -. ............. .. S 4- ..v} €.. 4. Principal Bus.iness Adch:~ss: ;17 Name ßr ML c¿ City !À ,(5ea~1t St2te Zip Code eJ1'i rl .33f.(Y City Scne Zip Code City State Zip Cod(: Pk:ase ¢ or rint the folio - infonna.ó.on: 1. Last Name: ÆJ I ewe/ 2. Home Address: ;}.gQ ,úf ;J~¡ A Ue. 3. Legal ResidenCé: ~Cl ./J ~ S. Home PhoJJ.e~ it! J. 78- "3ot8' 6. Are. you a registered voter? BUSinf:S8 Phone: E-Mail Addr<;ss: Cëll Phoné; br¡€uJeffJ. ~ ~f~:/µ.l (¡-¡z g-t¡]-331/ F a.x; es Î - What Bond($) lore you ínter~t~d in serviD.g? Please list ÏD. order of preference: If so, where a.re you registered? ~Æ ~.4Þt ~,' /1 8. List ill . - ~Aj 2cnJ'llo /Úw-¡/j ty"~C?~~s".?~~~ch y aré CUtte"~~y serving 0 (~~r((,'IJJ /J r/VJ~.í Cc&.o1c/ I S ,"1£ ~a/f f:ef/l'e ave pr~viously served: lea~~ in~l':1d~ .~t~s) 9. Educational qu.a.lificaå.om:: A·A. .~?- List an}'" rdat~d profcssioaal ce.rtificaåons and licenses "which you hold: 11. Give your presen~ or mOSt recent em.ployer~ and position: / /. J0G .J tre/.,- ~ea/tGí 12. Descn"'be experiences~ skills or kno'\vledge wlùch qualify you to 5erve on this board: (please attach a brief resume) ¡¡ê ~ 0./ ~. I h~e:by c~tify that all th~ ílböv~ sbtements are tIUe~ ilnd I agree and understand that any misst.atëméDc of materùl faces ~n~ ~y cwse forf~~:~ ~I~~;yappomttn~ ¡;;:;tlR '.IGNA . DATÉ : JAN 0 5 2005 Note:: This applicatioa will remain ?n file in the City 9erl<s.. gffice for a period of 2 ye3.I$ from the date it wa.s submitted It: will be th~ applicanrs ..eÞ"i'¥ì1ß~IEJ1t\U1:e tl1a.t a. cwrent application is on file. s.crTYÇŒU(\OO~uc..·\1ION .-,-. ..-f o:.c ~ ) ·:n,-..-·= IIP,- -,--T-T-, TCn-· ·y"O I r·I.IîJT , U·-.T....-.I II lír-. ....,. I Bryce NeweR 2&0 NE 2M Ave. DeJray Beacb. FL 33444 Home. (561) 218-3068 Cell (561) &43-3311 E-mail bnewell l@hotmaiLcom PROFILE Mad::.eting md sales executive with 6 years ofhigb. level outside sales experience. with s provén track reoocd in d~veloping new business &nd driving revenue in leading edge tech\1olog.ie~L Strong anal)'tica~ Q'Cativc, and communication skIlls developed through assigo:mcnts in strategic p1annin~ Olarlcetíng communicariQas., product launçh~ and training. Excellent [eadel'Ship abilities demo.osn-ared by deliv¢ling results through highly moå:va1ed and imaginative tea.m$. Profð$úmDl F..xpe,ience FDN Communiatioas; West Palm Beach.. FL Senior Acœunt Executive 4/04-Prescnt Prov:ic:Je dæa. produas and secvíces. to business dIrougbout Florida. and Gco~gja_ Primary' focus on international multiple location corpocations relying on h.igh use data transport. In the top running for rookiè of the 2IN half ofth~ year award. McLeodUSA.; ~ IL Smior Account Executive 3/03-2104 Mid-Market ttlecommnnicatiol1s sales position Úl greater Chicago land area. My responsibí1iry is to acquire new Business only. Services consist at: PRI's. II"s. VP~~ Frame Relay and Wireless. Typical month includes running approximately 15 new appointments, resulting in d to 6 orders I3DgÏng trom $500 to $3000_ ClearOne CommllokatíoDs; Westmont" II., Senior Account M8J\32er 1l02-12102 Videoconferendng Spedalíst position. brought on fo establish marlcet share in Chicago. Comptuly provides end.-to-end solutions for video, audio and web conferencmg scIVÍccs. Primary customer focus is Foroin~ looo aod Higher Eduçation market. TaDdber~ LLC; Chicago, II. Refriooal M~ glO 1-6/02 RespollSlòle for selling TANDBERG Vìdeoconferencmg equipment to Education and Medical Agencies. Partnered with consultants and system integntOrs to provide the customer with a comp1ete solution. Current te:nitory consists of Illinois, Indiana and Wisconsin. InV"Ie'W; Chíca.go~ IL Business Develooment Manae~c 10/91-7/01 Woded with equipment dealers, system integrators and telecommunication companies to develop new accounts. Incrcasod oompany revenue by 20% by crearing a partn~bip prognmL Developed wor1cing relationships with system integrators. equipment manufacroces and telecommunication companies- Consulted with IT and T decom Directors on Videoconferencïn.g servÍC'~s.. CSC Office Automation; Roning Meadows~ IL Maior Account Manaœr EDUCATION 1991-1993 1993.1995 2/96-9/97 A-A-7 Business Mana.gemen~ College ofDupage, Glen :E11~ IL BS~ Business Administratio~ Loyola University:- Chicago~ IL <'O·.J ac· .I c,.-,n- ,- "'0,- -.-·T-T- I Tr..-. ·...·0 I ~'""..-.T " '-.TI.."-III .. fn-" La.,.. 1 All-AllledcaCity , , II I! 1993 2001 /~¿/5IÎlaf 7,{ercpf. J J/é1/J¥/ CITY OF DELRA Y BEACH /~ ~ ~ BOARD MEMBER APPLICATION f,/"/17 DElRAY BEACH ...0..0" ***** Please rint the fono' information: 1. Last Name: SHé.A.MAN 2. Home Address: .3/ g S- I..t. \At / tá S~ 3. Legal Residence: ~~ 4. Principal Business Address: Name ÆI(L.ilV £ City MI. . Þ. Zip Code --- City State Zip Code N.ft 5. Home Phone: - - - Business Phone: E-Mail Address: Cen Phone: Fax: ~ Axe you a registered voter? 1. What Board(s) are you interested in serving? Please list in order of p eference: ¡J ¿(/~t! e S\. List all City Boards on 'h you are currendy serving or h2.ve previously served: (please include dates) 10. List any related professional certifications and licenses which you hold: 'II 11. Give your present, or most recent employer, ~d ) ~ . .:r"<"#.- ~ ..ð ~þ IV,. T d , é. \ - ~1J(i [ hereby certify tHat all tHe above statements are e, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ~ ~'~AA<-- RECEIVED .' NATURE JAN 1 0 2005 11:/"£ DA: Note: This application will remain on file in the Çit¡_~l¢è ~ffice for a period of 2 years from the date it was submitted. It will be the applicant's ~bìGibtilttéõVnsure that a current application is on file. s\aTYCLERK\BOARD\APPUCA110N MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS ern MANAGERztv1 TO: SUBJECT: AGENDA ITEM # ~\J - REGULAR MEETING OF MARCH 1.2005 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD DATE: FEBRUARY 25, 2005 Mr. Jorge Ramos was removed from the Parking Management Advisory Board due to him missing three consecutive meetings. Mr. Ramos represented the Atlantic Avenue and State Road AlA corridors lying east of the Intracoastal Waterway. He understands the action that was taken and requests reconsideration. Attached is a letter expressing his dedication to the Board. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (fCEA) as well as all public parking areas located along State Road A 1A within the corporate limits of the City. With the adoption of Resolution No. 63-00, the board's membership was expanded from nine to eleven members to include a representative from the West Atlantic Redevelopment Coalition (WARC) and a second citizen-at-Iarge representative. The following individual has submitted an application and would like to be considered for appointment: Jorge Ramos Caffe Luna Rosa Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. N one were found. V oter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2) for a regular member serving a term ending January 31, 2006. Recommend appointment of one (1) regular member to the Parking Management Advisory Board for a term ending January 31, 2006. Jorge A. BaID08 Jr. February 16, 2005 David T. Harden 100 N.\1v. 1st Ave Dekay Bea~ FL 33483 In reply to: Notice of Removal from the Parking Management Advisory Board t\@e!IV!D FEB 1 6 2005 CITY Ï\IIANAGER Dear David L Harden, I received your Notice of Removal this moming and am completely disappointed with myself and my attendance, at the parking advisory board. I completely understand the action that was taken by your office and accept the consequence. The notice stated that if I wish to be reappointed. I needed to request it in writing, so I am writing in hopes that I might be reconsidered and appointed once again. Recently I have been totally consumed with a project that Caffe Luna Rosa has undertaken over the last two years. The goal is in sight which is the opening of Ristorante Luna Rosa in Deerfield Beach at the beginning of April 2005 . Recognizing that this does not legitimately excuse my poor attendance, it is the conditions and pressure I was under for the last few months. I am the General Manager of Caffe Luna Rosa and felt a great sense of belonging and service to my community being appointed to The Parking Advisory Board. I have worked for Caffe Luna Rosa SÌ1lce December 17, 1997 and have witnessed the changes that have occurred. I had a great sense of pride living and working in Dekay Beach throughout this time. If it could be determined that a reappointment is appropriate I promise to you and the City of Delray Beach that the gratitude and thanks would be conveyed with a perfect attendance record from this point forward. Jorge Ramos General Manager Caffe Luna Rosa 34 SOUTH OCEAN BLVD. DELRA Y BEACH. FL 33483 Page lof2 Cobb, Venice From: Aronson, Scott Sent: Wednesday, February 16, 20052:02 PM To: Cobb, Venice Subject: FW: Letter to David Harden For your records. Scott Aronson Parking Management Specialist 100 NW 1st Avenue Delray Beach, FL. 33444 Ph. 561-243-7286 Fax 561-243-7221 aronson@ci.delray-beach. fl. us -----Original Message----- From: Fran Marincola [mailto:pepsil@bellsouth.net] Sent: Wednesday, February 16, 2005 1:58 PM To: Perlman, Jeff Cc: Levinson, Jon SUbjeå: FW: Letter to David Harden guys this guy is a good man--he was overwhelmed with other responsibilities&family sickness.he is a good link for us on the beach---if there is anything that could be done to have him reappointed it would be appreciated .(he missed three meetings in a row) thanks Fran (Perry & I are termed out) ----Original Message----- From: Jorge Ramos [mailto:jorge@caffelunarosa.com] Sent: Wednesday, February 16, 2005 1:40 PM To: pepsi 1@bellsouth.net Subject: Letter to David Harden 34 SOUTH OCEAN BLVD. DELRAY BEACH, FL 33483 Jorge A.RalDosJr. February 16, 2005 2/16/2005 )EC-17-2ØØ3 16: øø FROI'\: TO:561 243 3774 P.ØØ2 OElRAY BEACH , I .. . . ... . t&8d AlJ..AmeñcaCltr , 'III! -1993 2001 ßu2}(I~?~ )1lgr. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pka!'c e or rint the fnlk.win T i.uformanon: I Ll:'t Namê": "J) . _.... t'A ~S 'J HS/ 9~C~=-:P" /^' +- A ( ~ :< {. oS 1. I.egat Rè$id<..'ncc s~ r N~HU<':: ____ elf> Jil7J'A IStcA !é øJ.- -(-<.I n Ciry ~L I .3'1 ~cu ~,~ Ciry ~//2~ fik-d F-M~il i\JJn::ss: Cell Phone: ~/ - 33 ~·(bqo S1P ( - 7 ~q~ b6 ~ J29rfXPJ e...r~?J..c \.( 7~;~~-~ð- {I. ,^, re you a rc:glsrc.·r.el VOl<:"r? r f so. wher<:" itrC you f<."gis.rèr<:"J? '- L.s p... ~ "'- .~" r--.. <...- 1- (..{ 0 Y.K 7. \'(Ilul no;n"1I(~) arc ~O\1 inlt':rc=,tn.llD. sCL"\.jng!- Plc:.tsr- liH ill v.rdcr of prr.fCTl'"OO':: &:'e.CiVV\ SlurP {-;:: I ~( S l.t te 4, Plln(,,:lr~1 BlI:siIH:'=, Addrê"$~: Slak 5. I Iorne Phone: Bll:::1IH.·S~ Phone: J7ax: ~ -..., ¡ 2 '.:! - <¡ If ~- ~ú..V" ~Æ' ~~ MONÙ. C;j~ V\A-Q.V\ t AA.v~· ~~~:::i-. 800-..~_ 8 LISI ;..11 (.H~ .f'aoa\.rds 011 winch r()U .HC CU1Tèllcly '\(-n;wg OJ: have: prc."'( tI~y sC1.vcd: (p1(:a~('" Indudc da(e-~) ~O...... z.. '). Educatioll.:tI <-ill" li6("~ non:': C.ci 10. Li:-;t any - . 'VÐ \:',(,'c~_\ ~C; ~^-~ :r S~-I-r~fr'c.s b(cJ profc~.';lon:\l <:l-ctlficaricIt1~ ::t11d liccn~e:-: WhH:h Y(llI hold: Dr: '-' 1ò_~ .s. L " <.. ~:, .!".)& ~ C ~::I : a.Jc- t-.v- : Q.. <:~ 11. Give ~'ollr prës<."n[, or mO~l rC'~'\.:nt emrIClY~r., .md po:,ition: +~ rcr-V' ~ V\.. ~ V' <-) Cß.. ç: F £ -f- 0"-1 .4- ~ ç-- .L\ - M G.-,^u. ~ < '^' 1 POV'Tr\J~ ~ 12. Dó\:n!Jc: t'xpca:ie-.)(:("'~. sk.ills or knc)U,]<:'..lgc wluch quali(\' YC.llI to SCIVe im . his bo.u:d: (P è;:¡~(". ;ttr.lCh &\ brië[ T<;:)Umc) GUI\. ~AA.,).~,,- 'V- 0 v- kJt. c.~, r:.\..'"\J &. 1.-. ...-...LcJ.. ; l'J ðJ- \ ~ -f"c V" 'i.e."" fÎ -S , CL ( ~... ú £x r~ ,,- (! c. V'-- c.:.. ~ á w; +~ fr¡...~"¡- DN .r..f Ë. ~ pic Q t. ~ P<;,¡- ~ ~N7 ~ ~cPJ _ 1 h<:íebr cC:Tlify rh,1{ .111 d1C: ahnv<: '3("œme:lIl~ .tfr- reut". aud I agTc:r ;Ind l1ndeL:~l.a1lJ Ih;tt ;IOV lllÌ.'7H<lIc:UI("nr ofm.afe-rial f.I<'rs 111 '. ppli("&\(1 '. l"/~rurc: upon rnr p;i"t of "u~· .lppoÍfit1ne-nl T m;:y r('cC1YC --- ----.- .- <-------- DATE - , . Nc.rl~: l"ù~ .iprlicarh-111 will R'maln C)J) Ok in the (:iry Clcrk)~ Oftìcé' i~.}r .1 pennel (....f 2 yc:ars fl'Ol1"\ lhe datc If was ~ubmirrecI. lr \\till bl.: rhe ;~pplicant'=, resp(ln~ibilitv ro (~tHl.lrë Ù1<I£ a nU·(ê"lll éiPplicannn i~ on file_ .')·,('flYI ·........IC;ßO..I«.·,,\1'I'1...11 AnoN RECEIVED DEC 1 7 2003 CITY CLERK MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER/JT'1 SUBJECT: AGENDA ITEM # \ Q ^ ORDINANCE NO. 10-05 - REGULAR MEETING OF MARCH 1, 2005 DATE: FEBRUARY 25, 2005 This ordinance is before Commission for second reading and public hearing to repeal Chapter 93, "The City of Delray Beach Cable Television Ordinance", in its entirety and replace it with a new and updated Chapter 93 to allow the ordinance to appropriately mesh with the proposed franchise agreement with Adelphia. The Commission adopted Ordinance No. 19-03 in July of 2003, that repealed Chapter 93, "Cable Television" and replaced it with a new and updated ordinance regarding cable television. At this time, we are submitting Ordinance No. 10-05 which repeals Chapter 93 and replaces it, in its entirety, with a new and updated Chapter 93. Although, there were some minor changes to the ordinance the major reason for repealing and replacing the entire ordinance was to allow it to appropriately mesh with the proposed franchise agreement with Adelphia. A few of the minor changes provided by the proposed ordinance are as follows: . Defined "Institutional Network" · Minor increase in fees for renewals, transfers or modifications of the franchise · Minor increase in fines regarding compliance with customer service requirements such as the time allowed to respond to a call, missed appointments, disconnect service, etc. At the first reading on February 15,2005, the City Commission passed Ordinance No. 10-05. Recommend approval of Ordinance No. 10-05 on second and final reading. s: \ City Clerk \agenda memos \ Ord.l 0-05 Cable Ordinance.03.01.05 ; õA ßV1 [Il¥ DF DELIA' BEA[H CITY ATTORNEY'S OFFICE DaI:II All-An8IcaClty , , II J! 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM 1993 DATE: February 8, 2005 TO: City Commission David Harden, City Manager G\-~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Cable Ordinance No.1 0-05 The Commission adopted Ordinance 18-03 in July of 2003 that repealed Chapter 93, "Cable Television" and replaced it with a new and updated ordinance regarding cable television. At this time we are submitting Ordinance No. 10-05 which repeals Chapter 93 and replaces it, in its entirety, with a new and updated Chapter 93. Although, there were some minor changes to the ordinance the major reason for repealing and replacing the entire ordinance was to allow it to appropriately mesh with the proposed franchise agreement with Adelphia. A few of the minor changes provided by the proposed ordinance are as follows: defined "I nstitutional Network" minor increase in fees for renewals, transfers or modifications of the franchise minor increase in fines regarding compliance with customer service requirements such as the time allowed to respond to a call, missed appointments, disconnect service, etc. This ordinance was drafted by the City's outside cable counsel, lIa Feld, Esq. of Leibowitz & Associates. Adelphia has reviewed this ordinance and agreed to its final form. lIa Feld, on behalf of the City, has negotiated a new franchise agreement with Adelphia and that agreement will be placed on the March 1, 2005 City Commission agenda. Our office requests that this item be placed on the February 15, 2005 City Commission agenda for first reading. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk \&8 ORDINANCE NO. 10-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING AND REPLACING CHAPTER 93 OF THE CITY CODE TO BE REFERRED TO AS "THE CITY OF DELRAY BEACH CABLE TELEVISION ORDINANCE"; PROVIDING A CODIFICATION CLAUSE; PROVIDING FOR AUTHORITY FOR CABLE TELEVISION SYSTEMS TO OPERATE, CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE RIGHTS-OF-WAY OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING PROCEDURES, REQUIREMENTS, AND FEES RELATING TO CABLE TELEVISION TO REFLECT CHANGES IN APPLICABLE LAW TO BETTER ENSURE THAT USE OF CITY STREETS BY CABLE SYSTEMS SERVES THE PUBLIC INTEREST; PROVIDING FOR CUSTOMER SERVICE REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, because of the enactment of certain amendments to the Communications Act of 1934 and amendments thereto including, but not limited to, the Telecommunications Act of 1996, judicial decisions, revisions to federal Communications Commission rules, revisions to State of Florida Statutes, and changes and developments in cable television technology, business, and services, the scope and substance of municipal regulatory authority over cable television franchises has been modified; and WHEREAS, Adelphia Cable Partners, L.P. and National Cable Acquisition Associates, L.P., subsidiaries of Adelphia Communications Corporation ("Adelphia") are the holders of non-exclusive cable television franchises and said Franchisee has requested renewal of its Franchises; and WHEREAS, the City may determine that award of additional cable television Franchises are in the public interest; and WHEREAS, the City Commission of the City of Delray Beach, Florida, deems it necessary to amend the City Code of the City of Delray Beach, Florida, by amending the Ordinance to take into account the afore-described changes and developments and to better ensure that use of City Streets by cable systems serves the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, THAT: Section 1. Chapter 93, "Cable Television" of the Code of Ordinances of the City of Delray Beach is hereby repealed in its entirety and replaced by a new Chapter 93, "Cable Television" to read as follows: Section 93.01 Short Title. This Ordinance shall be known and may be cited as The City of Delray Beach Cable Television Ordinance. Section 93.02 Definitions. For the purpose of this Ordinance, the following tenns, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and ''will'' are mandatory, and "may" is pennissive. Words not otherwise defined herein or in any Franchise Agreement that might be granted hereunder shall be given the meaning set forth in the Communications Act of 1934, as amended, 47 D.S.C. § 521 et seq., and as hereinafter amended (collectively the "Communications Act"), and, if not defined therein, their common and ordinary meaning. (a) "Access Channel" means any channel on a Cable System set aside without charge by the Franchisee for public, educational and/or local governmental use. (b) "Affiliate" means any person who owns or controls, is owned or controlled by, or is under common ownership or control with a Franchisee. (c) "Applicant" means any person submitting an application as defined herein. (d) "Application" means any proposal, submission or request to (1) construct and operate a Cable System within the City; (2) sell, assign or otherwise transfer a Franchise or transfer control of the Franchisee; (3) renew a Franchise; (4) modify a Franchise; or (5) seek any other relief from the City pursuant to this Ordinance, a Franchise Agreement, the Cable Communications Act, or other applicable law. An Application includes an Applicant's initial proposal, submission or request, as well as any and all subsequent written amendments or supplements to the proposal and relevant correspondence. ( e) "Basic Cable Service" or "Basic Service" means any service tier which includes the retransmission of local television broadcast signals, and public, educational, or governmental Access Channels. (f) "Communications Act" means the Communications Act of 1934, and amendments thereto including, but not limited to Cable Communications Policy Act of 1984, 47 D.S.C. § 521 et seq., and the Cable Television Consumer Protection and 2/22/05 2 Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460, and the Telecommunications Act of 1996 as those Acts may hereinafter be amended. (g) "Cable Service" means (a) the one-way transmission to Subscribers of (i) video programming service; or (ii) other programming service, and (b) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service, or as otherwise permitted under applicable federal and state law. (h) "Cable System," "Cable Television System," or "System," means any facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple Subscribers within the City. Such term does not include (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves Subscribers without using any public rights-of-way; (iii) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 D.S.C. § 201 et seq., except that such facility will be considered a cable system to the extent it is used in the transmission of video programming directly to Subscribers unless the extent of such use is solely to provide interactive on demand service; (iv) an open video system that complies with Section 653 of the Telecommunications Act of 1996; and (v) any facilities of any electric utility used solely for operating as an electric utility system. The foregoing definition of "Cable System" shall not be deemed to circumscribe the valid authority of the City to regulate the activities of any other communications system or provider of communications services or facilities as permitted by applicable federal or state law. (i) "City" means the City of Delray Beach, Florida, a municipal corporation of the State of Florida, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. G) "Control of a Franchisee or Applicant" means possession of the ability to direct or cause the direction of the management or policies of a Franchisee or Applicant, or the operation of a Franchisee's Cable System, either directly or indirectly, whether through ownership of voting securities, by contract or understanding, or in any other manner. (k) "Fair Market Value" means the price that a willing buyer would pay to a willing seller for a going concern but with no value allocated to the Franchise itself. (1) "FCC" means the Federal Communications Commission or any successor governmental entity thereto. (m) "Franchise" means the non-exclusive right granted by the City to a Franchisee in a Franchise Agreement to construct, maintain and operate a Cable System to provide Cable Services under, on, and over Streets, roads and any other public ways, 2/22/05 3 rights-of-ways, or easements within all or specified areas of the City. The tenn does not include any license or pennit that may be required by this Ordinance or other laws, ordinances or regulations of the City for the privilege of transacting and carrying on a business within the City or for disturbing or carrying out any work on any Street. (n) "Franchise Agreement" means a contract entered into in accordance with the provisions of this Ordinance between the City and a Franchisee that sets forth the tenns and conditions under which the Franchise will be exercised. (0) "Franchise Area" means the entire area within the legal boundaries of the City and such other areas as may hereinafter be annexed or incorporated by the City or, alternatively, that area designated in a Franchise Agreement. (P) "Franchisee" means any person granted a Franchise pursuant to this Ordinance who has entered into a Franchise Agreement with the City. (q) "Gross Revenues". As of the effective date of this Ordinance, the provisions of this definition are preempted pursuant to the Communications Service Tax Ch. 202, Florida Statutes and will remain preempted until such time as applicable law changes. Should applicable law change so as to allow the City to calculate Franchise fees as a percentage of Gross Revenues, Gross Revenues shall mean, unless prohibited by applicable federal or state law, or as otherwise provided in a Franchise Agreement, all revenues recognized according to generally accepted accounting principles (GAAP) generated by the Franchisee from the operation of the Cable System to provide Cable Services in the City. Notwithstanding anything to the contrary contained in this subsection, Gross Revenues include, but are not limited to, fees charged Subscribers for Basic Service; fees charged Subscribers for any optional, premium, per-channel or per- program service; fees charged Subscribers for any tier of service other than Basic Service; installation, disconnection, reconnection and change-in-service fees; late fees; leased access fees; and shall include the following services to the extent such services are considered Title VI services according to applicable law: revenue from Cable Service converters, Cable Service remotes, or any other Cable Service equipment rentals; revenues from cable guides; revenues from leases of the Cable System; advertising revenues allocable to the City based on a percentage of Subscribers in the City divided by the Subscribers in the Cable System (such percentage shall then be multiplied by the total advertising revenue of the cable system to detennine the allocable Gross Revenue stemming from advertising); and revenues from home shopping channels or other sources allocable to the City, provided that where certain home shopping channel or other such revenue is allocable to more than one franchise area due to common zip codes, the Franchisee shall allocate the percentage of revenue to the City that is equivalent to the percentage of the Subscribers of the City divided by the total Subscribers for the allocable franchises within the zip code. Unless prohibited by applicable law, Gross Revenues shall be the basis for computing the Franchise fee imposed pursuant to Section 93.17 hereof. Gross Revenues shall not include revenues received from programmers and used by Franchisee to market, promote or advertise a programming service; any revenue received by Franchisee for payment in connection with PEG Access or facilities as 2/22/05 4 required by Section 93.16 hereof; any taxes or fees on services furnished by the Franchisee that are imposed upon any Subscriber or user by the state, Palm Beach County, City or other governmental unit and collected by the Franchisee on behalf of such governmental unit and that the Franchisee passes on in full to the applicable authority. However, it is hereby expressly provided that Franchise fees shall be included in the calculation of Gross Revenues. Further, Franchise fees shall not be paid on Subscriber deposits unless and until such deposits are applied to a customer account for services rendered. (r) "Institutional Network" means a communications system constructed, or operated by the Franchisee for the City, the transmissions on which are generally available only to, and intended to be sent and received by, persons other than residential cable Subscribers generally. (s) "Interconnection" means the electronic connection of two or more cable systems for the purpose of sharing Access Channel programming. (t) "Law" means all duly enacted and applicable federal, state, County and City laws, ordinances, codes, rules, regulations and orders. (u) "Leased Access Channel" means a channel designated in accordance with Section 612 of the Communications Act, 47 D.S.C., § 532, for commercial use by persons unaffiliated with the Franchisee. (v) "Overbuild" means a Cable System constructed to serve Subscribers in an area of the City actually served by an existing &anchised Cable System. (w) "Person" means any individual, corporation, partnership, association, joint venture, organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof, but shall not mean the City. (x) "Service Tier" means a category of Cable Service provided by a Franchisee and for which a separate charge is made by the Franchisee. (y) "State of the Art" shall mean that level of technical performance, equipment, components and cable services (without reference to the content of the cable service) which has been developed and demonstrated to be generally accepted and used in the cable industry, excluding "tests" involving new products offered for one year or less. Nothing herein shall be construed to require a Franchisee to employ any specific transmission technology or to carry any particular programming services. (z) "Street or Streets" means the surface, the air space above the surface and the area below the surface of any public Street, highway, road, boulevard, concourse, driveway, &eeway, thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court, lane, path, alley, way, drive, circle, easement, or any other public right-of-way or public place, including public utility easements dedicated for 2/22/05 5 compatible uses, or any other property in which the City holds any kind of property interest or over which the City exercises any type of lawful control, and any temporary or pennanent fixtures or improvements located thereon, as may be ordinarily necessary and pertinent to construct and operate a Cable System. (aa) "Subscriber" means any person who lawfully receives Cable Service delivered over the Cable System. Any person who lawfully receives Cable Service but is not billed on an individual basis shall not be considered a Subscriber for the purpose of rate notification. (bb) "Subscriber Base" means the total number of residential and commercial Subscribers within the City. For purposes of calculating Subscribers under bulk contracts, the Franchisee shall count each individual unit served as one Subscriber. Franchisee may use any lawful and reasonable equivalency measures provided it uses such measures unifonnly for all franchise areas served by the Cable System, or as provided for in a Franchise Agreement. (cc) "System Malfunction" means any Cable System equipment, facility or signal failure or malfunction that results in the loss of satisfactory service on one or more channels to one or more Subscribers. A malfunction is major if it affects two hundred (200) or more Subscribers. (dd) "Transfer of a Franchise" means any transaction in which (1) any ownership or other interest in a Franchisee or its Cable System is transferred from one person or group of people to another person or group of people so that control of a Franchisee or control of Franchisee's Cable System is transferred; or (2) the rights and/or obligations held by a Franchisee under a Franchise Agreement are transferred or assigned to another person, group of people or entity. A transfer shall be considered "pro fonna" only when it involves a transfer to a person, group of people or business entity that is a wholly owned or controlled affiliate or subsidiary of the Franchisee or Franchisee's parent entity and shall not result in a change in the ultimate parental control or ownership of the Franchisee. (ee) "Two- W ay Capability" means the incorporation into a Cable System of all appropriate design and engineering characteristics and features so that two-way transmission, including, but not limited to, addressability, over the Cable System can be implemented and activated. (ft) "Video Channel or Channel" means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel, including the associated audio signal, as television channel is defined by the FCC by regulation or othelWise. Section 93.03. Intent and Purposes. 2/22/05 6 (a) It is the intent of the City and the purpose of this Ordinance to promote the public health, safety, and general welfare by providing for the grant of one or more Franchises for the construction and operation of a Cable System within the City; to provide for the regulation, to the extent provided for by law, of each Cable System within the City in the public interest; to provide for the payment of fees and other valuable consideration by a Franchisee to the City for the use of Streets by its Cable System; to promote the widespread availability of quality Cable Service to City residents and businesses, the City, and other public institutions; to encourage the development of cable and other communications technology and Cable Systems as a means of communication between and among members of the public, City businesses, the City, and other public institutions; to promote competitive cable rates and Cable Services; to promote the safe and efficient use of City Streets; to enhance and maximize the communicative potential of Streets used by Cable Systems; and to encourage the provision of a diversity of information sources to City residents, businesses, the community, the City, and other public institutions by cable technology. (b) Recognizing the continuing development of communications technology and uses, it is the policy of the City to encourage experimentation and innovation in the development of Cable System uses, services, programming and techniques that will be of general benefit to the community to the extent all such experiments and innovations are consistent with applicable laws. Section 93.04. Grant of Authority, Franchise Required. (a) Ordinance. The City may grant one or more Franchises in accordance with this (b) No Person may construct or operate a Cable System over, on, or under public Streets in the City without a Franchise granted by the City, and no Person may be granted a Cable Television Franchise without having entered into a Franchise Agreement with the City pursuant to this Ordinance. (c) Unless otherwise authorized by applicable law, any Franchise granted pursuant to this Ordinance is solely for the provision of Cable Service. Nothing herein shall (i) have the effect of authorizing, prohibiting or conditioning a Franchisee's provision of other services as may be permitted by applicable federal or state law; or (ii) waive any right of the City, if any, to require a Franchisee to obtain other authorizations, licenses, permits or registrations as the City may require under applicable federal or state law. Section 93.05. Franchise Characteristics. (a) A Franchise authorizes use of City Streets for installing cables, wires, lines, optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary and pertinent to operate a Cable Television System within a specified area of the City, but does not expressly or implicitly authorize the Franchisee to 2/22/05 7 provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities upon private property without owner consent (except for use of compatible easements pursuant to Section 621 of the Communications Act, 47 U.S.C. § 541(a)(2», or to use publicly or privately owned conduits without a separate agreement with the owners. (b) A Franchise is non-exclusive and will not expressly or implicitly preclude the issuance of other Franchises to operate Cable Systems within the City, or affect the City's right to authorize use of City Streets to other persons to operate Cable Systems or for other purposes as it determines appropriate. (c) All privileges prescribed by a Franchise shall be subordinate to any prior lawful occupancy of the Streets, and the City reserves the right to reasonably designate where a Franchisee's facilities are to be placed within the Streets. Such designation may include, but not be limited to, consideration of the availability of space in the rights of way. (d) No transfer, whether by sale, assignment or change of control of a Franchise shall occur without the prior consent of the City and unless application is made by the Franchisee, and City approval obtained, pursuant to Section 93.24 hereof and the Franchise Agreement. (e) A Franchise granted to an Applicant pursuant to this Ordinance to construct, operate and maintain a Cable System within the City, shall be deemed to constitute both a right and an obligation on the part of the Franchisee to provide the services and facilities of a Cable System as required by the provisions of this Ordinance and the Franchise Agreement. The Franchise Agreement shall constitute all of the terms and conditions of the Franchise that are finally negotiated and agreed upon by the City and Franchisee. (f) Notwithstanding anything to the contrary, in the event that Franchisee, its parent, Affiliate or subsidiary elects to offer to Subscribers video programming services through any means or method not included within the definition of a Cable System, including, but not limited to, all "open video systems", Franchisee shall remain subject to all terms and conditions of the Cable Television Franchise granted pursuant to this Ordinance. Section 93.06. Franchisee Subject to Other Laws; Police Power; No Waiver. (a) A Franchisee shall at all times be subject to and shall comply with all applicable federal, state and City laws. A Franchisee shall at all times be subject to all lawful exercise of the police power of the City, the eminent domain power of the City and any other powers granted the City by the Constitution of the State of Florida. 2/22/05 8 (b) Subject to applicable law, except as may be specifically provided in this Ordinance or under the tenns of a Franchise Agreement, the failure of the City, upon one or more occasions, to exercise a right or to require compliance or perfonnance under this Ordinance or a Franchise Agreement shall not be deemed to constitute a waiver of such right or a waiver of compliance or perfonnance. Section 93.07. Interpretation of Franchise Terms. (a) The provisions of this Ordinance shall apply to all cable Franchises. (b) The provisions of this Ordinance shall, throughout the tenn of a Franchise, apply to a Franchise Agreement as if fully set forth in the Franchise Agreement, and the express tenns of this Ordinance shall prevail over conflicting or inconsistent provisions in a Franchise Agreement unless such Franchise Agreement expressly provides otherwise. (c) Except as to matters which are governed by federal law or regulation, a Franchise Agreement will be governed by and construed in accordance with the laws of the State of Florida. Section 93.08. Applications for Grant, Renewal, Modification or Transfer of Franchises. (a) A written Application shall be filed with the City for (i) grant of an initial Franchise; (ii) renewal of a Franchise in accordance with Section 626 (a-g) of the Communications Act, 47 U.S.C., § 546; (iii) modification of a Franchise Agreement; (iv) transfer of a Franchise; or (v) any other relief from the City pursuant to this Ordinance or a Franchise Agreement. (b) Unless prohibited by applicable law, to be acceptable for filing, a signed original of the Application shall be submitted together with five (5) copies, and shall be accompanied by the required Application filing fee as set forth in Subsection 93.08(i) hereof, confonn to any applicable request for proposals, and contain all reasonably required infonnation. All Applications shall include the names and addresses of persons authorized to act on behalf of the Applicant with respect to the Application. The City Manager may waive submission of certain infonnation required herein upon request of the Applicant for good cause shown. (c) All Applications accepted for filing shall be made available by the City for public inspection. Where said Application contains infonnation designated in writing by the Applicant as proprietary, the City shall not make such infonnation available to the public to the extent it is pennitted to keep the infonnation confidential pursuant to applicable law. (d) An Application for the grant of a new Franchise may be filed pursuant to a request for proposals issued by the City on an unsolicited basis. The City, upon receipt of an unsolicited Application, may issue a request for proposals. If the City elects to issue a 2/22/05 9 request for proposals upon receipt of an unsolicited Application, the Applicant may submit an amended Application in response to the request for proposals, or may infonn the City that its unsolicited Application should be considered in response to the request for proposals, or may withdraw its unsolicited Application. An Application which does not confonn to the requirements of a request for proposals may be considered non- responsive and denied on that basis. ( e) An Application for the grant of an initial Franchise, a transfer or change of control or a renewal shall contain, at minimum, the following infonnation unless expressly waived in part by the City or as otherwise provided in a Franchise Agreement: (1) Name and address of the Applicant and identification of the ownership and control of the Applicant, including: the names and addresses of all Persons with ten percent (10 %) or more ownership interest in the Applicant, including the names and addresses of parents or subsidiaries holding such ownership interests directly or indirectly; the persons who control the Applicant; the names and addresses of all officers and directors of the Applicant; and any other Cable System ownership interest in excess of ten percent (10%) of each named Person (other than the officers and directors of the Applicant); provided that for an Application for a renewal of a Franchise, the infonnation regarding Cable System ownership shall be provided upon written request of the City. (2) An indication of whether the Applicant, or any Person controlling the Applicant, or any officer, director or Person with five percent (5%) or more ownership interest in the Applicant, has been adjudged bankrupt, had a cable or telecommunications Franchise or license revoked, or been found by any court or administrative agency to have violated a security or antitrust law, or to have committed a felony, or any crime involving moral turpitude; and, if so, identification of any such Person and a full explanation of the circumstances; (3) A demonstration of the Applicant's technical, legal and financial ability to construct and/or operate the proposed Cable System, including identification of key personnel to the extent known; (4) For an Application for an initial Franchise, or when requested in the case of a transfer or a renewal, a statement prepared by an independent certified public accountant regarding the Applicant's financial ability to complete the construction and operation of the Cable System proposed; (5) A description of the Applicant's prior experience in Cable System ownership, construction and operation, and identification of communities in Florida (or if Applicant does not own any systems in Florida, identification of the twenty (20) largest franchise areas served by Applicant or its Affiliates) which the Applicant or any Person controlling the Applicant or having more than a five percent (5%) ownership interest in Applicant has, or has had, a cable Franchise or license or any interest therein; 2/22/05 10 (6) Identification of the area of the City to be served by the proposed Cable System, including a description of the service area's boundaries; (7) A description of the services and physical facilities proposed, or in the case of a transfer or renewal, any changes to the current physical facilities, including channel capacity, performance characteristics, headend, and access facilities; upon request, the Applicant shall make information on technical design available for inspection; (8) Where applicable, a description of the construction of the proposed Cable System, including an estimate of plant mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities; (9) If Applicant is currently operating a Cable System within the City, a description of the existing Cable System and capacity and the operator's plans to upgrade the Cable System, if any; (10) If Applicant or Applicant's parent, or any subsidiary or Affiliate of Applicant is currently operating a SMATV System within the City, a list of all such locations; (11) For an initial grant or in the case of a renewal or transfer and upon written request of the City for informational purposes, the proposed rate structure, including projected charges for each Service Tier, installation, converters, and other equipment or services, and the Applicant's ownership interest in any proposed Cable Services to be delivered over the Cable System; (12) An Application for a renewal shall also include a demonstration of how the Applicant's proposal will reasonably meet the future cable-related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted by or for the City; (13) Upon written request of the City and for information purposes only, a description of any non-cable telecommunications services offered or proposed to be offered by the Applicant or its parent, Affiliate or subsidiary in Palm Beach County. (14) Pro forma financial projections for the first five (5) years of the Franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules. In the case of a transfer, such pro forma financial plan shall be provided if the transferee or its parent is not a publicly traded company. 2/22/05 11 (15) If an Applicant for an initial Franchise proposes to provide Cable Service to an area already served by an existing cable Franchisee, the identification of the area where the overbuild would occur, the potential Subscriber density in the area which would encompass the overbuild, and the ability of the Streets to accommodate an additional System; (16) Upon written request of the City, any other information as may be reasonably necessary to demonstrate compliance with the requirements of this Ordinance and information that the City may reasonably request of the Applicant in a timely manner that is relevant to the City's consideration of the Application; and (17) An Affidavit or declaration of the Applicant or authorized officer certifying the truth and accuracy of the infonnation in the Application, acknowledging the enforceability of Application commitments, and certifying that the proposal meets all federal and state law requirements. (f) An Application for modification of a Franchise Agreement shall include, at minimum, the following infonnation: (1) The specific modification requested; (2) The justification for the requested modification, including the financial impact of the requested modification on Subscribers and others, and the financial impact on the Applicant if the modification is approved or disapproved; (3) A statement whether the modification is sought pursuant to Section 625 of the Communications Act, 47 U.S.C., § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. § 545; (4) Any other information necessary for the City to make an infonned determination on the Application for modification; and (5) An Affidavit or declaration of the Applicant or authorized officer certifying the truth and accuracy of the infonnation in the Application, and certifying that the Application is consistent with all federal and state law requirements. (g) An Application for renewal of a Franchise shall comply with the requirements of Section 93.23 hereof. (h) An Application for approval of a transfer of a Franchise shall comply with the requirements of Section 93.24 hereof. (i) Unless prohibited by applicable law, to be acceptable for filing, an Application shall be accompanied by a filing fee in the following amount, as appropriate: (1) For a new or initial Franchise: $ 25,000 2/22/05 12 (2) For renewal ofa Franchise: $20,000 (3) For a transfer of a Franchise (other than a pro fonna transfer): $ 5,000 (4) For a pro fonna transfer of a Franchise $ 1,000 (5) For modification of a Franchise Agreement pursuant to 47 D.S.C. § 545: $ 1,000 (6) For any other relief: $ 500 The purpose of the filing fee is to defray a portion of the City's cost in processing an Application. The filing fee is therefore intended to be a charge incidental to the awarding or enforcing of a Franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 D.S.C. § 542(g)(2)(D), and may not be deducted from the Franchise fee imposed in a Franchise Agreement or credited against any tax, including, but not limited to, the Florida Communications Service Tax (Ch. 202.FLStat) or any substitute tax or fee, unless required by applicable law. Section 93.09 Grant of Franchises. (a) The City may grant a cable Franchise for a period not to exceed fifteen (15) years plus such extensions as may be approved by the City to serve the City. (b) In evaluating an application for a Franchise, the City may, if applicable, and if required by applicable federal or state law, shall consider, among other things, the following factors: the Applicant's technical, financial, and legal qualifications to construct and operate the proposed System; the adequacy of the proposed construction arrangements, facilities, equipment, and services based on the public convenience, safety and welfare; the Applicant's experience in constructing and operating cable systems and providing Cable Service in other communities. In the case of an initial grant, the City shall also consider the economic impact upon private property within the Franchise Area; the public need for such Franchise, if any; the capacity of public rights-of-way to accommodate the Cable System; the present and future use of the public rights-of-way to be used by the Cable System; the potential disruption to existing users of the public rights-of-way to be used by the Cable System and the resultant inconvenience which may occur to the public; the financial ability of the Franchise Applicant to perfonn; and whether the proposal will meet reasonably anticipated community needs and serve the public interest. Evaluation by the City shall not be based on the content of the programming the Applicant proposes to provide. (c) The City shall hold a public hearing to consider an Application or Applications, the Applicant(s) shall be given at least ten (10) days prior notice of the hearing and shall be given an opportunity to be heard. Based upon the Application(s), the 2/22/05 13 testimony presented at the public hearing, any recommendations of the City Manager or staff, and any other infonnation relevant to the Application( s), the City shall decide by resolution whether to grant or deny a Franchise Application. (d) As a condition precedent to the grant of a Franchise, the Applicant shall file an acceptance of the Franchise accompanied by any and all bonds, certificates of insurance or other obligations as required in a Franchise Agreement no later than the date of the City Commission's consideration of the grant or denial of the application. This period may be extended for good cause by the City. If the acceptance is not filed with the City by the above-referenced date, or if the period is not extended by the City, the Commission may delay consideration of the Application or deny the Application. The City may, at its option, grant the Applicant a short-tenn extension(s). The grant of such a short tenn extension(s) will not confer on the Applicant the right to an automatic acceptance, transfer, modification or renewal. In the case of a transfer, the City shall grant an extension to this requirement as long as the Franchisee keeps such insurance, bonds or other surety in place until thirty (30) days after the transaction related to the transfer closes and the transferee has provided its insurance, bonds or other surety in place within thirty (30) days following such closing. (e) Unless prohibited by applicable law, Applications for the grant of an initial Franchise, a Franchise renewal, a Franchise Agreement modification, or a Franchise transfer may be subject to a processing fee in addition to the filing fee in an amount not to exceed the reasonable and justifiable out-of-pocket costs to the extent that the filing fee does not cover the costs incurred by the City in considering the Application, including consulting and legal costs. Prior to the date of the resolution approving or denying the Franchise Agreement or modification or transfer thereof by the City Commission, the City shall notify the Franchisee of the estimated amount of any processing fee and its method of calculation. This processing fee is therefore intended to be a charge incidental to the awarding or enforcing of a Franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 U.S.C. § 542(g)(2)(D), and may not be deducted from the Franchise fee imposed in a Franchise Agreement or any federal or state tax and shall not be passed through to Subscribers as a separate line item unless required by applicable law. Section 93.10 Commencement of Service. Any Franchisee commencing initial construction of a Cable Television System after the effective date of this Ordinance shall commence construction within one year of the effective date of the Franchise Agreement and shall complete construction so as to offer service to all dwellings within the Franchise Area in compliance with the requirements of a Franchise Agreement, but in no event later than two (2) years from the effective date of the Franchise Agreement unless an extension is granted by the City for good cause shown. 2/22/05 14 Section 93.11 Insurance; Surety; Indemnification. (a) A Franchisee shall maintain, and by its acceptance of the Franchise specifically agrees that it will maintain, throughout the entire term of the Franchise including any renewals thereof, the following liability insurance coverage insuring the City to the extent applicable and the Franchisee: worker's compensation and employer liability insurance to meet all requirements of Florida law and commercial general liability insurance with contractual coverage with respect to the construction, operation and maintenance of the Cable System, and the conduct of Franchisee's business in the City, in the minimum amounts of $1,000,000 per occurrence, for bodily injury or death, broad form property damage liability, and insurance to cover infringement of copyrights. (b) All insurance policies shall be with insurance companies authorized to do business in the State of Florida and such companies shall have a minimum Best's rating of A-I, or an equivalent rating. The City may require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law. (c) A Franchisee shall keep on file with the City certificates of insurance evidencing the above insurance coverage and evidencing that the City, its officers, boards, commission, commissioners, agents and employees are listed as additional insureds on the general liability policy. If a claim is filed such that the City claims insurance coverage, Franchisee shall immediately respond to all reasonable requests by the City for information with respect to the scope of the insurance coverage. (d) All general liability insurance policies shall provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days' prior written notice thereof has been given to the City. A Franchisee shall not cancel any required insurance policy without submission of proof that the Franchisee has obtained alternative insurance satisfactory to the City which complies with this Ordinance. (e) A Franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its officials, boards, commissions, commissioners, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the willful or negligent acts or omissions of the Franchisee or its officers, agents, employees or contractors relating to construction, maintenance or operation of its Cable System, and the conduct of Franchisee's business in the City; provided, however, that Franchisee's obligation hereunder shall not extend to any claims caused by the willful misconduct or negligence of the City, its officials, boards, commissioners, agents or employees, or to claims arising from Franchisee's provision of Access Channels for public, educational and/or governmental use pursuant to a Franchise granted hereunder, to the extent such claims relate to programming and content on such channels, over which Franchisee has no editorial control nor exercises administrative control. This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings, and claims arising out of copyright infringement or a failure 2/22/05 15 by the Franchisee to secure consents from the owners, authorized distributors, or providers of programs to be delivered by the Cable System, claims arising out of Section 638 of the Communications Act, 47 D.S.C. 558, and claims against the Franchisee for invasion of the right of privacy, defamation of any Person, finn or corporation, or the violation or infringement of any copyright, trade mark, trade name, service mark or patent, or of any other right of any Person, finn or corporation. If any such claim arises, the Franchisee shall have the obligation and duty to defend the City and any other indemnified party hereunder; provided, however, Franchisee may not agree to any settlement of claims affecting the City without the City Attorney's approval. If the City Attorney finds that separate representation to fully protect the interests of the City is necessary, Franchisee shall consult with the City Attorney on counsel that is acceptable to the City Attorney. If Franchisee is unwilling or unable to select counsel acceptable to the City Attorney, whose acceptance shall only be withheld for good cause shown, Franchisee shall pay all actual and reasonable expenses incurred by the City in defending itself with regard to any action, suit or proceeding subject to this indemnification. The City's expenses shall include all out of pocket expenses, attorney's fees and costs of the City attorney or assistants, or any City employees, outside attorneys or other agents. Notwithstanding the foregoing, Franchisee shall not be required to indemnify the City pursuant to this Ordinance or a Franchise Agreement for actions relating to public, government and education access programming decisions outside of Franchisee's control or for the City's use of the Cable System or the use of public, government and education Access Channels, facilities or funding. Section 93.12. Security Fund. (a) The franchisee at its sole expense shall post and keep posted with the City a cash security deposit or non-revocable letter of credit or a surety bond in a fonn and in an amount approved by the City to be used as a security fund to ensure the franchisee's faithful perfonnance of and compliance with all tenns and provisions of this Chapter, the franchise agreement and other applicable law, compliance with all orders, pennits and directions of the City, the payment by the franchisee of any claims, liens, fees, or taxes due the City which arise by reason of the construction, operation or maintenance of the system, and to indemnify the City against all losses that it may suffer in the event the franchisee fails to comply with any tenn or provision of this Chapter, the franchise agreement or other applicable law. The security fund shall remain in effect for the full tenn of the Fanchise plus, at minimum, an additional six (6) months thereafter. The exact fonn and amount of the security fund as set forth in a franchise agreement shall be an amount necessary to protect the public, to provide adequate incentive to the franchisee to comply with this Chapter and the franchise agreement, and to enable the City to effectively enforce compliance therewith. The franchise agreement shall provide for the procedures to be followed with respect to the security fund. (b) The Franchisee and its surety shall be jointly and severally liable. (c) The fonn and conditions of the bonds and the surety shall be acceptable and satisfactory to the City and surety shall be a nationally recognized surety company 2/22/05 16 acceptable to the City, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, u.S. Treasury Department, all bonds shall be placed with sureties with a Best Rating of no less than A-VII. Bonds shall be executed and issued by a resident agent, licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, representing such corporate sureties. If the franchisee is a partnership, the bond should be signed by each of the individuals who are partners; if a corporation, the bond should be signed in the correct corporate name by duly authorized officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the franchise. (d) If the surety on any bond furnished by franchisee is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements of paragraph B, franchisee shall within ten (10) days thereafter substitute another bond, surety or cash deposit which must be in conformance with paragraph (c). (e) The security fund shall be maintained at the amount specified in a franchise agreement, even if amounts have to be withdrawn and replenished pursuant to subsection (g). (f) Following a determination by the City, pursuant to Section 93.25 that the Franchisee has failed to comply with any provision of the franchise agreement which the City reasonably determines can be remedied by demand on the security fund, the City may immediately withdraw the amount thereof, with interest and any penalties, from the security fund. Upon such withdrawal, the City shall notify the franchisee of the amount and the date thereot: (g) Within thirty (30) days after notice to it that any amount has been withdrawn from the security fund deposited pursuant to subsection A above, the franchisee shall pay to, or deposit with, the City a sum sufficient to restore such security fund to the amounts specified in subsection A, whatever the case may be. Failure to replenish the security fund shall subject the franchisee to penalties. However, replenishment is without prejudice to the franchisee's right under Section 93.25 to contest the validity of the City's withdrawal of money from the security fund. (h) The rights reserved to the City with respect to the security fund posted pursuant to this Section are in addition to all other rights and remedies the City may have under this Chapter, the franchise agreement, or at law or equity, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right or remedy of the City. (i) The portion of the security fund deposited pursuant to this Section necessary to compensate the City for damages and costs sustained shall become the property of the City in the event that the franchise is canceled or terminated by reason of the default of 2/22/05 17 the franchisee. The franchisee, however, shall be entitled to the return of such security fund, or portion thereof less any amount in dispute, without interest, as remains on deposit with the City six (6) months after the expiration of the tenn of the franchise, provided that there is then no outstanding default on the part of the franchisee. Section 93.13. Construction Bond. (a) A franchise agreement shall provide that, prior to any cable system construction, upgrade, rebuild or other significant work in the public rights-of-way, a franchisee shall establish in the City's favor a construction bond in an amount specified in the franchise agreement or other authorization as detennined by the City to ensure the franchisee's faithful perfonnance of construction of the cable system, upgrade, rebuild or other work in the public rights-of-way. (b) The fonn and conditions of the bonds and the surety shall be acceptable and satisfactory to the City and surety shall be a nationally recognized surety company acceptable to the City, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, all bonds shall be placed with sureties with a Best Rating of no less than A-VII. Bonds shall be executed and issued by a resident agent, licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, representing such corporate sureties. If the franchisee is a partnership, the bond should be signed by each of the individuals who are partners; if a corporation, the bond should be signed in the correct corporate name by duly authorized officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the franchise. (c) If the surety on any bond furnished by franchisee is declared bankrupt or becomes insolvent or its right to do business is tenninated in the State of Florida or it ceases to meet the requirements of paragraph B, franchisee shall within ten (10) days thereafter substitute another bond, surety, or cash deposit which must be in confonnance with paragraph (b). (d) In the event a franchisee subject to such a construction bond fails to complete the cable system construction, upgrade, rebuild or other work in the public rights-of-way in a safe, timely and competent manner in accordance with the provisions of the franchise agreement, then there shall be recoverable jointly and severally from the principal or surety of the bond, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the franchisee, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The City may also recover against the bond any amount recoverable against the security fund pursuant to Section 93.13 where such amount exceeds that available under the security fund. 2/22/05 18 (e) The franchise agreement may specify that sixty (60) days after completion of the cable system construction, upgrade, rebuild or other work in the public rights-of- way and payment of all construction obligations of the cable system, the franchisee may eliminate the bond or reduce its amount unless the City has made a demand against the deposit or notified franchisee of a potential claim and requested maintenance of the security. However, the City may subsequently require the reestablishment of or an increase in the bond amount for any subsequent construction, upgrade, rebuild or other work in the public rights-of-way. (f) The construction bond shall be subject to the approval of the City's Risk Manager and the City Attorney, and shall provide that: "This bond may not be canceled, or allowed to lapse, until ninety (90) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." (g) The rights reserved by the City with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the City may have under this Chapter, the franchise agreement, or at law or equity, and no action, proceeding or exercise of a right with respect to such bond shall effect any other right or remedy of the City. Section 93.14. Minimum Facilities and Services. (a) The following minimum requirements for facilities and services apply to all Franchises granted by the City. The City may require in a Franchise Agreement that a Franchisee exceed these minimum requirements where it determines, under circumstances existing at the time of the application, that the additional requirements are necessary to meet the City's future cable-related needs and interests or to serve the public interest. (1) Any Cable System constructed, upgraded, reconstructed, or rebuilt after the effective date of this Ordinance shall have a minimum capacity of 750 MHz or the equivalent thereof available for immediate or potential use. A Franchise Agreement may provide for a larger minimum capacity requirement. (2) The City shall require in a Franchise Agreement that a Franchisee provide Access Channels, facilities and other support for public, educational and/or governmental use, which may include, but not be limited to, provision of an Institutional Network. (3) The City may require any Cable System operating pursuant to a Franchise to cablecast City Commission meetings live to all Subscribers. (4) by federal law . A Cable System shall provide leased access channels as required 2/22/05 19 (5) Unless otherwise provided in a Franchise Agreement, a Franchisee shall provide no less than one service outlet per location and one on-line access connection to all City buildings (regardless of whether such facilities are owned or leased by the City) and all public schools within its Franchise Area not already served by another franchised cable operator at no cost to the City or school involved, and shall charge not more than its time and material costs for any additional service outlets or equipment provided to such facilities. (6) A Franchisee shall design its Cable System to allow the City to interrupt Cable Service in an emergency to deliver necessary information to Subscribers subject to federal, state and County priority. Franchisee shall, at minimum, meet all FCC requirements for emergency alert systems. (7) A Franchisee shall transmit all imbedded signals, including closed circuit captioning information for the hearing impaired and audio signals for the visually impaired. (8) Standard installation shall consist of a drop, not exceeding one hundred twenty-five (125) feet from the cable plant to the nearest entry point of a Subscriber's residence. Residential drops in excess of one hundred twenty-five (125) feet may be charged according to the Franchisee's rate schedule. (b) Except for Cable Systems in operation on the effective date hereof pursuant to Franchises initially granted or renewed in areas annexed by the City subsequent to said initial grant or renewal, a Franchise Agreement shall require that a Franchisee make Cable Service available to every dwelling within the City of Delray Beach or as otherwise provided in a Franchise Agreement. If the City annexes any new areas after the date of this Ordinance, Franchisee shall be required to provide Cable Service at standard installation rates to such areas subject to this Ordinance and any Franchise granted hereto. Notwithstanding anything to the contrary, a Franchisee shall not be required to provide Cable Service to any area already served by a franchised cable operator. (c) In the event a Franchisee lawfully operating in a Franchise Area that is less than the entire City desires to provide service to an area of the City already being served by a franchised cable operator, then the Franchisee wishing to expand service shall agree to construct and operate its Cable System on terms no more favorable and no less burdensome than those pursuant to which the existing operator is subj ect. (d) A Franchisee shall interconnect its PEG Access Channels with the PEG Access Channels of any adjacent cable systems owned by or affiliated with Franchisee if such interconnection is technically and economically feasible. Upon the written request of the City and as required in a Franchise Agreement, Franchisee shall interconnect its PEG Access Channels to any or all other Cable Systems operating within the City for the purpose of transmitting PEG programming if (i) such interconnection is technically 2/22/05 20 feasible, (ii) the other operator(s) of such Cable Systems operating within the City pays for the cost of the interconnection and (iii) such other operator(s) provide funding for PEG access equivalent to the amount provided by Franchisee. (e) A Franchisee shall locate each government Access Channel on the same channel number throughout the City. (f) In an initial or renewal franchise granted pursuant to this Ordinance, a Franchisee shall agree to maintain that level of technology to its Cable System to satisfy the State-of-the-Art requirement, as defined in Section 93.02(y) herein subject to qualifications, conditions, and terms that may be expressly identified in a Franchise Agreement. (g) Pursuant to the procedures set forth in Section 93.25, failure to comply with any part of this Section 93.14 may result in the imposition of liquidated damages in the amount of Two Hundred Fifty Dollars ($250) per day per violation or as otherwise provided in a Franchise Agreement. Section 93.15. Technical Standards. (a) Any Cable System within the City shall meet or exceed the technical standards of the FCC or other applicable federal or state technical standards, including any such standards as hereinafter may be amended or adopted. Antennas, supporting structures, and outside plant used in the Cable System shall be designed to comply with all generally accepted industry practices and standards and with all federal, state, County, City and/or utility laws, ordinances, rules and regulations. (b) All construction, installation and maintenance shall comply with the National Electrical Safety Code, the National Electric Code, and all local codes, laws and accepted industry practices, and as hereinafter may be amended or changed. (c) At the times required by FCC rules, the Franchisee shall perform at its expense proof of performance tests designed to demonstrate compliance with the requirements of this Ordinance, the Franchise Agreement, and FCC requirements. Upon request, the Franchisee shall provide the proof of performance test results promptly to the City. The City shall have the right to inspect the Cable System facilities during and after their construction to ensure compliance with the requirements of the Franchise Agreement, this Ordinance, and FCC standards. A Franchisee has the right to be present at all such inspections. (d) The City may require an annual proof of performance test, or other tests as specified in a Franchise Agreement or applicable law or regulation, to be performed promptly upon request and at the expense of the Franchisee. The Franchisee shall provide the test results to the City within thirty (30) days of completion. 2/22/05 21 (e) A Franchisee shall not design, install or operate its facilities in a manner that will interfere with the signals of any broadcast station, the facilities of any public utility, the Cable System of another Franchisee, or individual or master antennas used for receiving television or other broadcast signals. Section 93.16. Access Channels and Facilities. (a) It is the purpose and intent of the City to require that all Franchisees provide Access Channels, facilities, equipment and support sufficient to meet the needs and interests of the community in light of the costs thereof with respect to public, education and government activities as set forth in this Section 93.16. (b) A Franchisee granted a Franchise pursuant to this Ordinance shall provide to the City, a grant for PEG capital support, as set forth in a Franchise Agreement. (c) A Franchisee shall provide a minimum of one Access Channel and facilities dedicated to the exclusive use of the City and such other capital support for public, educational and/or governmental use as required in a Franchise Agreement. A Franchisee shall provide at minimum one return line for each Access Channel then used by the City to the headend, as technically necessary for the operation of Access Channels referred to herein or as otherwise required by a Franchise Agreement. The City may increase the number of PEG Access Channels to a number not to exceed three, so long as a threshold use requirement is met for each Channel beyond the first the City then utilizes. In order to request a second PEG Access Channel, the existing PEG Access Channel must be programmed at least six hours per day with non-repetitive, locally produced programming, Monday through Friday, for a minimum of six consecutive weeks. Character-generated programming shall not be included for purposes of calculating the programming requirement. Once the threshold is met and a second Access Channel given, the first Access Channel must maintain the threshold requirement. After attaining the threshold requirement, if the first Access Channel fails to meet the threshold for four consecutive months, the second Access Channel may be reclaimed by Franchisee upon sixty (60) days written notice. Under no circumstances shall the City lose the right to its first Access Channel. (d) During the Franchise term, the Franchisee shall provide, as specified in a Franchise Agreement or otherwise agreed to, such equipment, facilities, technical and capital support as the City Commission may determine is useful for the production and cable casting of programming on the public, education and government channels. ( e) As may be required in a Franchise Agreement or otherwise agreed to, a Franchisee shall tape or cablecast live events held in the City as may be designated by the City. (f) An Application for an initial grant, renewal or transfer of a Franchise may, or at the City's request shall, include proposals for the provision of an Institutional Network interconnecting City, educational institutions and/or other public facilities as 2/22/05 22 designated by the City. (g) An Application for an initial grant, renewal or transfer of a Franchise may, or at the City's request shall, subject to Section 93.14(d), include a proposal for the interconnection of Franchisee to any or all other Cable Systems operating within Palm Beach County for purposes of providing or sharing PEG Access Channels. Where applicable, an Applicant shall include in the Application a statement outlining the status of the interconnection of its Cable System to any and all Cable Systems operating within Palm Beach County. (h) A Franchise Agreement may provide for additional capital grants in lieu of or in addition to some or all of the facilities, equipment, and services referenced in this Section. (i) The facilities, equipment, monetary grant and all other support to be provided by a Franchisee and as set forth in a Franchise Agreement constitute capital costs that are required by the Franchise to be incurred by Franchisee for public, educational or government access facilities within the meaning of Section 622(g)(2)(C) of the Communications Act, 47 V.S.C. § 542(g)(2)(C), and such grant does not constitute a Franchise fee or tax within the meaning of the Communications Act, state law, City code or a Franchise Agreement. The City shall use the facilities, equipment, monetary grant and all other support to be provided by Franchisee hereunder in a manner consistent with Section 622(g)(2)(C) of the Communications Act. Section 93.17. Franchise Fee. (a) As of the effective date hereof, the State of Florida Communications Service Tax, (F.S., Ch.202), prohibits the obligations imposed on a Franchisee in this section and this Section 93.1 7 is severable from this Ordinance and has no effect on the remaining valid portions of this Ordinance. However, if state or federal law allows the City to impose the requirements of this section, the City expressly reserves the right to do so. (b) If permitted by applicable law, a Franchisee, as compensation for the privilege granted under a Franchise pursuant to this Ordinance for the use of the City's Streets to construct and operate a Cable System, shall pay to the City a Franchise fee in an amount up to a maximum of either (i) five percent (5%) of the Franchisee's Gross Revenues derived from the operation of its Cable System within the City during the term of its Franchise; or (ii) in the event the Communications Act or other applicable law is amended to permit the City to assess a Franchise fee of a greater amount than that specified in (i) above, the Franchisee agrees to pay to the City the new amount after a public hearing in which the public and Franchisee are given an opportunity to comment on the impact of the higher fee. In no event shall a Franchisee pay a Franchise fee greater than the maximum permitted by applicable law. 2/22/05 23 (c) A Franchisee shall pay the Franchise fee due to the City on a quarterly basis. Payment for each month shall be made to the City not later than forty five (45) calendar days after the end of each calendar month. (d) A Franchisee shall file with the City within sixty (60) days after the expiration of each calendar year or portion thereof during which its Franchise is in force, a financial statement setting forth the computation of Gross Revenues used to calculate the Franchise fee for the preceding year or portion thereof and a detailed explanation of the method of computation. The statement shall be certified by a duly authorized corporate officer. The Franchisee will bear the cost of the preparation of such financial statements. (e) Subject to applicable law, any acceptance by the City of any Franchise fee payment shall not be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for additional sums payable. (f) The Franchise fee payment is not a payment in lieu of any other tax, fee or assessment, subject to applicable law. (g) If permitted by applicable law, the City, or its representative, may from time to time but not more than once in any twelve (12) month period, and upon reasonable notice, inspect, audit any and all books and records of the Franchisee relevant to the determination of Gross Revenues and the computation of Franchise fees due, and may re-compute any amounts determined to be payable under the Franchise. In the case of any Franchise granted, renewed, modified or transferred on or after the effective date hereof the cost of the audit will be borne by the Franchisee if, as a result of the audit, the City determines that the Franchisee has underpaid the Franchise fees owed in an amount equal to or exceeding two percent (2%) of the Franchise fees actually paid. A Franchisee shall make all books and records necessary to satisfactorily perform the audit readily available to the auditors in Palm Beach County for inspection and copying. (h) In the event that a Franchise fee payment is not received by the City on or before the due date set forth in Subsection (c) above, any Franchisee granted an initial Franchise, renewal, modification or transfer on or after the date hereof shall pay a late charge of eighteen percent (18%) per annum of the amount of the unpaid Franchise fee payment; provided, however, that such rate does not exceed the maximum amount allowed under Florida law. Any interest and/or late charges paid by Franchisee is intended to be a charge incidental to the enforcing of a Franchise within the meaning of Section 622 (g)(2)(D) of the Communications Act, 47 U.S.C. § 542(g)(2)(D), and may not be deducted from the Franchise fee imposed by this Ordinance or any Franchise Agreement. (i) Unless prohibited by law, when a Franchise terminates for whatever reason, the Franchisee shall file with the City within ninety (90) calendar days of the date it ceases operations in the City, a financial statement, audited by an independent certified 2/22/05 24 public accountant and certified by the Franchisee's chief or other duly authorized financial officer, showing the Gross Revenues received by the Franchisee since the end of the previous fiscal year. Adjustments will be made at that time for Franchise fees due to the date that the Franchisee's operations ceased. Section 93.18. Reports and Records. (a) The Franchisee shall submit reports to the City quarterly according to the following schedule: January through March are due on or before April 25, April through June are due on or before July 25, July through September are due on or before October 25 and October through December are due on or before January 25 of each year or as otherwise provided in a Franchise Agreement. The quarterly report shall include, but not be limited to: (1) Number of homes passed, number of cable plant miles, number of new installs, number of disconnects and net result of new installs and disconnects. (2) Telephone reports, broken down by quarter, indicating the number of calls received, number of calls abandoned, number of calls receiving a busy signal and percentage of total calls for which a busy signal was received. (3) A summary by quarter for the number of standard installations performed within seven days, number of unplanned service interruptions, the hours in which planned service interruptions have occurred, number of unplanned service interruptions by duration, number of service interruptions responded to within 24 hours, number of other service problems responded to within 36 hours, preventative measures to reduce or eliminate service interruptions and any other information that may be reasonably required to monitor the Franchisee's compliance with this Ordinance. A Franchisee may comply with the requirements of this subsection by providing to the City a copy of the actual written complaint and/or service interruption logs maintained by Franchisee. (4) Unless prohibited by applicable law, revenue information, including, but not limited to number of Subscribers for each type of Cable Service offered, and the Gross Revenue from all sources attributable to the operations of the Cable System by the Franchisee in the City, stating separately by category each source and the amount of revenue attributable thereto. As of the date of this Ordinance, the obligations imposed on Franchisee in this section to provide an annual financial statement are prohibited by the State of Florida Simplified Communications Service Tax, F.S., Ch. 202, and this obligation is severable from this Ordinance and has no effect on the remaining valid provisions hereof. However, if state or federal law allows the City to impose the requirements of this section, the City expressly reserves the right to do so. (b) Within six (6) months of the close of its fiscal year, the Franchisee shall provide an annual report to the City that includes the following information: 2/22/05 25 (1) A summary of the activities of the previous year in development of the Cable System, including as pertains to Cable Services, initiated or discontinued policy changes enacted during the previous year, number of cable Subscribers for each tier or type of Cable Service or Cable product (including gains and losses), homes passed and miles of cable distribution plant in service. The summary shall also include a comparison of any construction, including Cable System upgrades, during the year with any projections previously provided to the City, as well as rate and charge increases and/or decreases for the previous fiscal year. (2) The web-site addresses to the Franchisee's ultimate parent annual report and 10- K as filed with the SEC, and all filings made with the State of Florida under the Communications Services Tax Simplification Law. Unless prohibited by applicable law, to verify Franchise fee payments, Franchisee shall provide, upon written request, an annual financial report to include a statement of sources of revenues for the Franchise Area. The statement shall be audited if Franchisee has audited statements prepared in its normal course of business. If not, the statements shall be certified by the chief financial officer of the Franchisee. The financial report shall include notes to the financial statements that specify all significant accounting policies and practices upon which it is based. As of the date of this Ordinance, the obligations imposed on Franchisee in this section to provide an annual financial statement are prohibited by the State of Florida Simplified Communications Service Tax, F.S., Ch.202, and this obligation is severable from this Ordinance and has no effect on the remaining valid provisions hereof. However, if state or federal law allows the City to impose the requirements of this section, the City expressly reserves the right to do so. (3) Where applicable, a copy of updated maps depicting the location of all trunk lines and feeder lines and associated devices in the City to the extent such locations have changed. Upon request of the City, such maps shall be provided in digitized form at the expense of the Franchisee. (4) A summary of written subscriber or resident complaints, identifying the number and nature of complaints and their disposition. Where complaints involve recurrent Cable System problems, the nature of each problem and the corrective measures taken shall be identified. More detailed information concerning complaints shall be submitted upon written request of the City, subject to Franchisee's obligation to maintain Subscriber privacy in accordance with federal law. (5) Upon written request, and if not otherwise provided, a summary of the number of unplanned service interruptions, the hours in which planned service interruptions have occurred and the number of unplanned service interruptions by duration, including preventative measures to eliminate reoccurrence. (6) Upon written request, if the Franchisee is a corporation, a list of officers and members of the board of directors; the officers and members of the board of 2/22/05 26 directors of any parent corporation; and if the Franchisee or parent corporation stock or ownership interests are publicly traded, a copy of its most recent annual report. (7) Upon written request, if the Franchisee is a partnership, a list of the partners, including any limited partners, and addresses; and if the general partner is a corporation, a list of officers and members of the board of directors or the corporate general partner and the officers and directors of any parent corporation; and where the general partner or parent corporation ownership interests are publicly traded, a copy of its most recent annual report. (8) Upon written request, a list of all people holding five percent (5%) or more ownership or otherwise cognizable interest in the Franchisee pursuant to the Communications Act and 47 C.F.R. 76.501. (9) A copy of the rules and regulations of the Franchisee applicable to Subscribers of the Cable System. (10) A report on the number of senior citizens, economically disadvantaged or disabled Subscribers receiving any rate discounts and the amount of any such discounts for specific Cable Services if Franchisee offers separate rates or discounts for those categories of Subscribers. (11) A report on the number of multiple dwelling buildings and units therein receiving Cable Service under bulk agreements. (12) A full schedule and description of services, service hours and location of the customer service office of the Franchisee or offices available to Subscribers, and a schedule of all rates, fees and charges for all Cable Services provided over the Cable System. (13) Upon written request, a report on the number of total Subscribers served by the Franchisee in the Cable System, with a breakdown by the types of Cable Services received by Subscribers. (14) Upon written request, a copy of any filing made to the FCC pursuant to Equal Employment Opportunity Council requirements. (c) Upon each written request by the City made not more than once annually, a Franchisee shall within 45 days of receipt of the request, provide the following documents to the City, without regard to whether the documents are filed by the Franchisee or an Affiliate: (1) If not otherwise available, annual financial report of the Franchisee or its parent or any Affiliate of Franchisee that controls Franchisee and issues an annual financial report. 2/22/05 27 (2) Copyright filings reflecting the operation of the Cable System. (3) Any pleadings, petitions, applications, communications, reports and documents (collectively referred to as "filings") submitted within the previous twelve (12) months by or on behalf of the Franchisee to the FCC, SEC or any state or federal agency, court or regulatory council that may directly and adversely impact the operation of the Franchisee's Cable System in the City or that may adversely impact the rights or obligations of the City under this Ordinance or the Franchise Agreement and any and all responses, if any, to such filings. (4) Any and all notices of deficiency, forfeiture or documents instituting any investigation, civil or criminal proceeding issued by any state or federal agency regarding the Cable System, Franchisee or any Affiliate of Franchisee, provided, however, that any such notice or documents relating to an Affiliate of the Franchisee need be provided only to the extent the same may directly and adversely affect or bear on operations of the Franchisee in the City. For example, a notice that an Affiliate that has a management contract for the Cable System located in the City was not in compliance with the FCC's EEO requirements would be deemed to affect or bear on operations in the City. (d) The Franchisee shall, upon written request, furnish to the City such additional reports as a Franchisee may prepare as a customary business practice with respect to its operations of the Cable System, which in the City's discretion are reasonable and necessary for the administration and/or enforcement of this Ordinance. (e) A Franchisee shall provide the City, within thirty (30) days of filing or receipt of any petition or filings with any federal, state, or local agencies or courts, which may, in the reasonable judgment of the Franchisee, adversely impact the construction, operation or maintenance of Franchisee's Cable System, affect City and/or Subscribers regarding this Ordinance or a Franchise Agreement, including, but not limited to, any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy. In any administrative or legal proceeding in which Franchisee is a party, which in the reasonable judgment of Franchisee adversely impacts the construction or operation of its Cable System in the City, Franchisee shall provide a copy of any filed document that is available for public dissemination, upon written request of the City, within five (5) days. To the extent the City desires and may properly participate in the proceeding, Franchisee agrees that it will not oppose any necessary extension or tolling of time that may allow the City's participation in such matter. However, the Franchisee may oppose or object to any extension of time that exceeds the period of time used by Franchisee to provide a copy of the requested filing to the City. (f) A Franchisee shall make a complete set of books and records available for inspection and audit by the City in Palm Beach County, for purposes of ascertaining compliance with this Ordinance and the Franchise Agreement, subject to Subsection (h) below. Such inspection and audit shall be upon reasonable notice and during normal business hours. 2/22/05 28 (g) Any materials requested by the City which are deemed proprietary and confidential by Franchisee shall be made available for review and inspection by the City at a location in Palm Beach County (but not copying or removal, unless otherwise required by federal or state law, including but not limited to the public records law of the State of Florida). The City shall accord all books and records that it inspects under this Section the degree of confidentiality such books and records are entitled to under federal and state law. A Franchisee's books and records shall not constitute public records, except to the extent required by federal and state law. To the extent a Franchisee considers any books or records that it is required to produce to be confidential or otherwise protected from public disclosure, Franchisee shall designate which documents it views as protected and provide a written explanation to the City of the legal basis for Franchisee's claim of protection. Section 93.19. Customer Service Requirements. (a) A Franchisee shall maintain all parts of its Cable System in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its Subscribers and facilities. (b) Cable System Office. Unless this requirement is expressly waived or modified by a Franchise Agreement, a Franchisee shall maintain a Subscriber service center located within the City, which shall include a place where Subscribers may pay their bills, pick up and return converters or other equipment and initiate installations or other action with respect to Cable Service. This service office shall be open during Normal Business Hours, as defined below, which as of the effective date of this Ordinance, are from 8:00 a.m. to 5:30 p.m., Monday through Friday, and 9:00 a.m. to 1 :00 p.m. on Saturday. (c) Telephone Availability. Franchisee shall maintain a publicly-listed local, toll-free telephone number and employ a sufficient number of telephone lines, knowledgeable personnel and answering equipment to allow reasonable access by Subscribers and members of the public to contact the Franchisee on a full-time basis, twenty-four (24) hours per day, seven (7) days per week including holidays. Knowledgeable, qualified Franchisee representatives will be available to respond to Subscriber telephone inquiries. Franchisee shall comply with the telephone answer time standards set forth in Subsection (d) below. (d) Franchisee shall answer all Subscriber service and repair telephone calls made under Normal Operating Conditions, as defined below, within thirty (30) seconds, including wait time and within an additional thirty (30) seconds to transfer the call. Under Normal Operating Conditions, Subscribers shall receive a busy signal less than three (3) percent of the time. These standards shall be met no less than ninety (90) percent of the time under Normal Operating Conditions, measured on a quarterly basis. 2/22/05 29 (e) Franchisee must meet each of the following standards no less than ninety- five (95) percent of the time under Normal Operating Conditions as measured on a quarterly basis: (1) Standard installation work shall be performed within seven (7) business days after an order has been placed except in those instances where a Subscriber specifically requests an installation date beyond the seven (7) business day period. "Standard" installations are up to one hundred and twenty-five (125) feet from the existing distribution System. If scheduled installation is neither started nor completed as scheduled, the Subscriber will be telephoned by an employee of the Franchisee the same day. If the call to the Subscriber is not answered, an employee of the Franchisee shall telephone the Subscriber the next day; (2) Excluding conditions beyond the control of the Franchisee, the Franchisee will respond to service interruptions promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Other service problems will be responded to promptly and in no event later than forty-eight (48) hours after the problem becomes known. All service interruptions and service problems within the control of Franchisee will be corrected within seventy-two (72) hours after receipt of a complaint; (3) The appointment window alternatives made available for installations, service calls, repairs, and other installation activities will be either a specific time, a four-hour time block during Normal Business Hours, or at the election and discretion of the Subscriber, "all day;" (4) Franchisee may not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment; and (5) If, at any time, an installer or technician is running more than 30 minutes late for a scheduled appointment, an attempt to contact the Subscriber will be made and the appointment rescheduled as necessary at a time which is convenient for the Subscriber. (f) For purposes of this Section 93.19, the term "Normal Business Hours" shall mean those hours during which most similar businesses in the community are open to serve Subscribers, which as of the effective date of this Ordinance, are from 8:00 a.m. to 5 :30 p.m., Monday through Friday, and 9:00 a.m. to 1 :00 p.m. on Saturday, or as otherwise defined by the FCC. In all cases, Normal Business Hours shall include either some evening hours at least one night per week or some weekend hours. The term "Normal Operating Conditions" means those service conditions which are within the control of the Franchisee, or as otherwise defined by the FCC. Those conditions which are not within the control of the Franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within the control of 2/22/05 30 the Franchisee shall include, but are not limited to, special promotions, pay-per-view events, rate increase, regular peak or seasonal demand periods, and routine maintenance or upgrade of the Cable System. (g) Disconnection. (1) Voluntary Disconnection. a. A Subscriber may tenninate service at any time. b. A Franchisee shall promptly disconnect any Subscriber who so requests from the Franchisee's Cable System. No period of notice prior to voluntary tennination of service may be required of Subscribers by any Franchisee. So long as the Subscriber returns equipment to Franchisee's service center located in the City or makes available to Franchisee to pick up within three (3) business days of the disconnection, no charge may be imposed by any Franchisee for such voluntary disconnection or for any Cable Services delivered after the date of disconnection request. c. A Subscriber may be asked, but not required, to disconnect the Franchisee's equipment. d. Any security deposit and/or other funds due the Subscriber shall be refunded on disconnected accounts after the converter has been recovered by the Franchisee. The refund process shall take a maximum of forty-five (45) days from the date disconnection was requested to the date the Subscriber receives the refund. (2) Involuntary Disconnection. If a Subscriber fails to pay a monthly Subscriber or other fee or charge, the Franchisee may disconnect the Subscriber's service outlet; however, such disconnection shall not be effected until forty-five (45) days after the date on which the applicable monthly bill was sent to the Subscriber and advance written notice of intent to disconnect to the Subscriber in question. The notice of delinquency and impending tennination may be part of a billing statement provided that the message is in bold or large type or other similar manner designed to bring the infonnation to the Subscriber's attention. If the Subscriber pays within forty-five (45) days after the date on which the applicable monthly bill was sent and after notice of disconnection has been given, the Franchisee shall not disconnect. After disconnection, upon payment by the Subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the Franchisee shall promptly reinstate Cable Service. Franchisee reserves the right to deny Cable Service to any Subscriber who has been repeatedly disconnected for nonpayment of such services to the extent such rights are consistent with applicable state and federal law . (3) With respect to any disconnection, whether requested or involuntary, a Franchisee shall comply with the rules and regulations of the FCC and applicable law regarding ownership, sale, removal and abandonment of home wiring. (h) Franchisee shall intentionally interrupt service only for good cause and for the shortest time possible. Franchisee shall use its best efforts to insure that such interruptions shall occur only during the hours of 1 :00 a.m. to 6:00 a.m. Franchisee shall maintain a written log for all intentional service interruptions. 2/22/05 31 (i) Franchisee shall notify the City Manager or designee immediately if a service interruption affects two hundred (200) or more Subscribers for a time period greater than four (4) hours. G) Franchisee shall cause all its field employees to wear a picture identification badge indicating their employment by Franchisee. This badge shall be clearly visible to the public. (k) A Franchisee shall develop written procedures for the investigation and resolution of all Subscriber or City resident complaints that are received by the City. Such procedures shall be submitted to the City Manager or designee. A Subscriber or City resident who has not been satisfied by following the Franchisee's procedures may file a written complaint with the City Manager or designee who will investigate the matter and in consultation with the Franchisee, as appropriate, attempt to resolve the matter. A Franchisee's performance in resolving Subscriber and resident complaints in a fair and equitable manner will be considered in connection with the Franchisee's renewal application. Franchisee shall maintain a complete list of all complaints received during the previous twelve (12) months from Subscribers that required a service call and were not resolved within seven (7) days of receipt and the measures taken to resolve them. This list shall be compiled on a quarterly basis and, if such unresolved complaints exist, submitted to the City upon request. In providing such information, Franchisee shall be obligated to protect Subscriber privacy in accordance with federal law . (1) Franchisee shall permit the City Manager or designee to inspect and test the Cable System's technical equipment and facilities upon reasonable notice which shall be not less than seventy-two (72) hours except in the case of an emergency, as determined by the City Manager or designee. (m) Franchisee shall abide by the following requirements governIng communications with Subscribers, bills and refunds: (1) Each Franchisee shall provide to Subscribers written information in each of the following areas at the time of installation, or at least once annually, and at any future time upon request by the Subscriber: a. How to use the Cable Service; b. Installation and service maintenance policies; c. The products and services offered; d. Prices and service options; e. Channel positions of programming carried on the Cable System; f. The Franchisee's procedures for the receipt and resolution of Subscriber complaints and the Franchisee's address and telephone number to which complaints may be reported if not otherwise provided. g. The telephone number and address of the City's office designated to handle cable television complaints and inquiries; 2/22/05 32 h. The availability of a "lock-out" device; i. The Franchise's information collection and disclosure policies for the protection of a Subscriber's privacy. (2) In addition, each Franchisee shall provide written notice in its monthly billing, at the request of the City Manager, of any City meeting regarding requests or applications by the Franchisee for renewal, transfer or modification of its license. The City Manager shall make such a request in writing, with reasonable notice prior to the mailing of any billing 'by Franchisee, such that Franchisee's regular billing cycle shall not be interrupted. To the extent that any notice requested by the City would exceed the messaging limitations of the Franchisee's billing system and would thus cause the Franchisee to print and insert a separate document into the bill, the City may be requested to pay printing costs and incremental postage expenses for such notice. (3) Franchisee's bills will be clear, concise and understandable. (4) Refund checks will be issued promptly, but no later than the earlier of forty- five (45) days or the Subscriber's next billing cycle following the resolution of a refund request, or the return of the equipment supplied by the Franchisee if Cable Service is terminated. (5) Credits for service will be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. (6) A Franchisee shall provide Subscribers, the City Manager, and the City Commission with at least thirty (30) days' advance written notice of any changes in rates, charges, channel lineup, or initiations or discontinuations or changes of Cable Services offered over the Cable System if such change is within the control of the Franchisee, and in accordance with FCC regulations. (n) A Franchisee shall, upon an affected Subscriber's request, provide a pro-rated 24-hour credit to the Subscriber's account for any period of four (4) hours or more within a 24-hour period during which a Subscriber experienced an outage of service or substantial impairment of service, whether due to a Cable System malfunction or other cause. (0) Billing. (1) The Franchisee's first billing statement after a new installation or service change shall be pro-rated as appropriate and shall reflect any security deposit. (2) The Franchisee's billing statement must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. 2/22/05 33 (3) The Franchisee's billing statement must show a specific payment due date. Any balance not received by the due date may be assessed a late charge consistent with applicable law. The late charge will appear on the following month's billing statement. a. Franchisee shall provide reasonable notice to the City and Subscribers of the amount of any processing fees for late payments and the manner of imposing such fees. Any late fee that may be imposed shall be in an amount and manner consistent with applicable state and federal law. Late charges on unpaid bills shall not exceed Five Dollars ($5.00). Such fee shall be deemed to represent the Franchisee's reasonable administrative costs, and in no event shall exceed eighteen percent (18%) per annum on the unpaid balance or the maximum amount of interest allowed by law. If a Subscriber disputes a bill on or before the due date, the Franchisee shall waive a late fee during the period until a final resolution of the dispute is agreed upon between the Franchisee and the Subscriber. b. Subscribers shall not be charged a late fee or otherwise penalized for any failure by the Franchisee, its employees, or contractors, including failure to timely or correctly bill the Subscriber, or failure to properly credit the Subscriber for a payment timely made. (4) The Franchisee must notify the Subscriber that he or she can remit payment in person at the Franchisee's office in the City and infonn the Subscriber of the address of that office. (P) Alteration of Service. Except as incident to an upgrade or rebuild of the Cable System, a Franchisee may not substantially alter the Cable Service being provided to a Subscriber (including by re-tiering, restructuring a tier or otherwise) without the express affinnative pennission of such Subscriber, unless it complies with this subsection. (1) If a Franchisee wishes to alter the Cable Service being provided to a Subscriber (including by re-tiering, restructuring a tier or otherwise) in such a way that the Subscriber will no longer be able to obtain the same package of Cable Services then the Franchisee must provide the Subscriber with thirty (30) days' notice of such alteration, explain the substance and the full effect of the alteration, and provide the Subscriber the right within the thirty (30) day period following notice, to opt to receive any combination of Cable Services offered by the Franchisee. (2) Except as provided herein or under applicable federal, state or local law , no charge may be made for any Cable service or product which the Subscriber has not affinnatively indicated, in a manner separate and apart from payment of the regular monthly bill that the Subscriber wishes to receive. (q) Franchisee shall certify in writing to the City as of January 1st and July 1st of each year, based upon internal due diligence by the Franchisee, that to the best of Franchisee's knowledge it is in substantial compliance with the standards set forth in this Section 93.19, said certification to be made as of a date within thirty (30) days of 2/22/05 34 January 1st and July 1st. At the request of the City, for reasonable cause including but not limited to discrepancies between the reports provided to the City and the certification required herein, the Franchisee shall submit such documentation, as may be required, to demonstrate Franchisee's compliance with this Section 93.19. This documentation shall be submitted within thirty (30) days of the Franchisee's receipt of the City's request. (r) Notwithstanding anything to the contrary, Franchisee shall not incorporate within any bulk residential subscriber contract the tenn of the Franchise granted by the City as the length of the tenn of a bulk contract( s) Franchisee shall make available to all residential bulk Subscribers the same level of service provided to Franchisee's residential Subscribers in the City, including, but not limited to, the requirements of Section 93.19 herein, unless the parties to the bulk contract have expressly agreed otherwise in writing. (s) Responsibility for the administration of this Ordinance and any Franchise granted pursuant to this Ordinance, and for the resolution of all complaints against the Franchisee regarding the quality of service, equipment malfunctions, and related matters, is hereby delegated to the City Manager or his designee, who is empowered, among other things, to settle, or compromise any controversy arising from operations of the Cable System by Franchisee, either on behalf of the City or any Subscriber, in accordance with the best interests of the public. In cases where requests for service have been ignored or in cases where the service provided is alleged to be in non-compliance with this Ordinance or a Franchise Agreement, the City Manager or his designee shall have the power to require the Franchisee to provide service consistent with the tenns of the Franchise, if in the opinion of the City Manager or his designee such request for service is reasonable. Any person aggrieved by a decision of the City Manager, including the Franchisee, may appeal the matter to the City Commission for hearing and detennination. The City Commission may accept, reject or modify the decision of the City Manager. No adjustment, settlement, or compromise, whether instituted by the City Manager or by the City Commission, shall be contrary to the provisions of this Ordinance or any Franchise issued pursuant to this Ordinance and neither the City Manager nor the City Commission, in the adjustment, settlement, or compromise of any controversy shall have the right or authority to add to, modify or delete any provision of the Ordinance or of the Franchise Agreement, or to interfere with any rights of Subscribers or any Franchisee under applicable federal, or state law or private contract. (t) The City Manager or designee shall have the authority to assess fines for violations of this Section 93.19 in accordance with the schedule set out below or as otherwise provided in a Franchise Agreement. The fines listed are to be assessed on a per violation basis with each day of a continuing violation constituting a separate violation, except for those customer service standards set forth in Subsections (d) and (e) above which are measured on a quarterly basis. With respect to such standards that are measured on a quarterly basis, the fines for such violations shall be assessed on a quarterly basis as follows; $5,000 per quarter if the Franchisee falls below such standards by 10% or less; $10,000 per quarter if the Franchisee falls below such standards by 20% or less and $15,000 per quarter if the Franchisee falls below such standards by 25% or 2/22/05 35 more. For example, if Franchisee has answered the telephone standards set forth in Subsection (d) on a quarterly basis 75% of the time, instead of the 90% required herein, the quarterly fine shall be $10,000. Prior to assessing any fines set forth in the schedule below, the City Manager or designee shall following the procedures set forth in Section 93.25 of this Ordinance. SCHEDULE OF FINES Single Violation of: Maximum Fines (a) Section 93.19 (a), hereof. $ 500.00 (b) Section 93.19 (b), hereof. $ 500.00 (c) Section 93.19 (c), hereof. $as detailed above $as detailed above $ as detailed above $ 250.00 $ 350.00 $ 350.00 $ 350.00 $ 500.00 $ 250.00 $ 500.00 $ 250.00 $ 250.00 $ 250.00 (d) Section 93.19 (d), hereof. (e) Section 93.19 (e)(1-5), hereof: (f) Section 93.19 (g)(1-3), hereof. (g) Section 93.19 (h), hereof. (h) Section 93.19 (i), hereof. (i) Section 93.19 G), hereof. G) Section 93.19 (k), hereof. (k) Section 93.19 (m)(1-5), hereof. (1) Section 93.19 (m)(6), hereof. (m) Section 93.19 (n), hereof: (n) Section 93.19 (0), hereof. (0) Section 93.19 (P), hereof. 2/22/05 36 (P) Section 93.19 (q), hereof. $ 250.00 (q) Section 93.19 (s), hereof. $ 250.00 (1) Prior to assessing a fine, the City Manager or designee shall consider any justification or mitigating factor advanced in Franchisee's written response, including, but not limited to rebates or credits to the Subscriber, a cure or commencement of a cure of the violation, and the payment of any penalty to Palm Beach County for the same violation. The City Manager or designee may, after consideration of the response of the Franchisee, waive or reduce any proposed fine. (2) Subsequent to the notice of proposed fine to Franchisee and consideration of the Franchisee's response, if any, and after following the procedures set forth in Section 93.25 hereof, the City may issue an assessment of fine. Any fine will commence as of the date of the written notice specifying the violation at issue. The fine shall be paid within thirty (30) days of written notice of assessment to the Franchisee. The City may enforce payment of the refund or fine in any court having jurisdiction or if Franchisee challenges the assessment in a court of competent jurisdiction, within thirty (30) days of a final non-appealable decision that the assessment is valid. This fine shall constitute liquidated damages to the City for the violation and the City may enforce payment of the fine in any court having jurisdiction. It is the intent of the City to determine fines as a reasonable estimate of the damages suffered by the City and/or its Subscribers, whether actual or potential, and may include without limitation, increased costs of administration, enforcement and other damages difficult to measure. (3) Any Person who intentionally files a false complaint against a Franchisee shall be subject to a fine, payable to the City, in the amount of $50 for the first violation and $100 for each subsequent violation. (4) Intentional misrepresentation by a Franchisee in any response to a notice of proposed refund and/or fine shall be grounds for revocation of the Franchise. (5) In addition to complying with the customer service standards set forth in this Ordinance or in any Franchise issued pursuant to this Ordinance, a Franchisee shall comply with all customer service standards applicable to Cable Systems of the FCC and any other applicable law governing the operations of the Cable System within the City. If during the term of any Franchise granted pursuant to this Ordinance, the FCC modifies the customer service standards applicable to Franchisee, the City may modify this Ordinance to reflect any such new customer service standards. 2/22/05 37 (u) The City expressly reserves the right to consider violations of the customer service requirements in evaluating any renewal, modification or transfers of any Franchise Agreement. (v) The City and Franchisee recognize that the customer service standards set forth in this Section 93.19 reflect the current operating procedures of Franchisee. If Franchisee's current operating procedures change during the tenn of any Franchise granted pursuant to this Ordinance, the City agrees to meet with Franchisee to discuss appropriate modifications to such standards and to consider such reasonable modifications to the standards set forth herein as requested by a Franchisee to reflect any such new operating procedures. Upon request of the Franchisee, the City shall also discuss with Franchisee the need to continue such regulation in light of the competition that Franchisee may face in the provision of Cable Services to Subscribers and to consider such reasonable modifications to the customer service standards set forth herein in light of the competitive environment. Notwithstanding anything to the contrary, Franchisee shall be obligated to comply with this Section 93.19 unless modifications are agreed upon by the City and Franchisee in writing. Section 93.20. Subscriber Privacy. (a) A Franchisee shall at all times protect the privacy of all Subscribers to the full extent required by Section 631 of the Communications Act, 47 U.S.C. § 551 and state law. (b) Unless otherwise pennitted by federal or state law, neither the Franchisee nor its agents or employees shall, without the prior and specific written authorization of the Subscriber involved, sell, or otherwise make available for commercial purposes the names, addresses or telephone numbers of any Subscriber or Subscribers, or any infonnation which identifies the individual viewing habits of any Subscriber or Subscribers. Section 93.21. Discrimination Prohibited. (a) No Franchisee in its rates or charges, or in the availability of the services or facilities of its Cable System, or in any other respect, may unlawfully discriminate against any Subscriber, potential Subscriber, or group of Subscribers or potential Subscribers; provided, however, that a Franchisee may offer promotional or discount rates to certain, but not all, Subscribers for a limited time without violating the provisions of this Section 93.21. A Franchisee shall not deny, delay, or otherwise burden service or discriminate against Subscribers or users on the basis of age, race, creed, religion, color, sex, handicap, national origin, marital status, or political affiliation, except for discounts for senior citizens, the economically disadvantaged or handicapped that are applied in a unifonn and consistent manner. A Franchisee may also offer bulk discounts to multiple dwelling buildings to the extent such discounts are otherwise pennissible by law. 2/22/05 38 (b) A Franchisee shall not deny Cable Service to any potential Subscriber because of the income of the residents of the area in which the Subscriber resides. (c) The Franchisee shall comply with federal, state and local laws and regulations governing equal employment opportunities, as the same may be from time to time amended. Section 93.22. Use of Streets. (a) Any pavements, sidewalks, curbing or other paved area taken up or any excavations made by a Franchisee shall be done under the direction of the City under pennits issued for work by the proper officials of the City, and shall be done in such manner as to give the least inconvenience to the inhabitants of the City. A Franchisee shall, at its own cost and expense, and in a manner approved by the City, replace and restore any such pavements, sidewalks, curbing or other paved areas in as good a condition as before the work involving such disturbance was done, and shall also make and keep full and complete plats, maps and records showing the exact locations of its facilities located within the public Streets, ways, and easements of the City. (b) Except to the extent required by law, a Franchisee shall, at its expense, protect, support, temporarily disconnect, relocate, or remove, any of its property when required by the City by reason of traffic conditions, public safety, Street construction, Street resurfacing or widening, change of Street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of municipal or public utility improvements; provided, however, that the Franchisee shall, in all such cases, have the privilege of abandoning any property in place. (c) A Franchisee shall, on the request of any person holding a building moving pennit issued by the City, temporarily raise or lower its wires to pennit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the Franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the City, in which case no such payment shall be required. The Franchisee shall be given not less than five (5) calendar days' advance notice to arrange for such temporary wire changes. (d) A Franchisee shall have the authority to trim the trees or other natural growth upon and overhanging the Streets so as to prevent the branches of such trees from coming in contact with the wires, cables and other equipment of the Franchisee, except that, at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the Franchisee. (e) A Franchisee shall use, with the owner's pennission, existing underground conduits or overhead utility facilities whenever feasible. Copies of agreements for use of conduits or other facilities shall be filed with the City as required by the Franchise Agreement or upon City request. 2/22/05 39 (f) All wires, cable lines, and other transmission lines, equipment and structures shall be installed and located to cause minimum interference with the rights and convenience of property owners. The City may issue such rules and regulations concerning the installation and maintenance of a Cable System installed in, on, or over the Streets, as may be consistent with this Ordinance and the Franchise Agreement. (g) All safety practices required by law shall be used during construction, maintenance and repair of a Cable System. A Franchisee shall not place facilities, equipment or fixtures where they will interfere with any gas, electric, telephone, water, sewer or other utility facilities, or obstruct or hinder in any manner the various utilities serving the residents of the City of their use of any Street or any other public rights-of- way. (h) A Franchisee shall, at all times: (1) Install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the City's Building Code and Electrical Safety Ordinances and any other applicable Building or Electrical Safety Code, and in such manner that they will not interfere with any installations of the City. (2) Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, equipment, and connections in, over, under, and upon the Streets, sidewalks, alleys, and public ways or places of the City, wherever situated or located. (i) On Streets where both electrical and telephone utility wiring are located underground, either at the time of initial construction of a Cable System or at any time thereafter, a Franchisee's cable shall also be located underground at the Franchisee's expense. Between a Street and a subscriber's residence, a Franchisee's cable must be located underground if both electrical and telephone utility wiring are located underground. If either electric or telephone utility wiring is aerial, a Franchisee may install aerial cable except where a property owner or resident requests underground installation and agrees to bear the additional cost of such installation over and above the cost of aerial installation. 0) In the event the use of any part of a Cable System is discontinued for any reason so as to result in Franchisee's failure to provide service to any portion of its Franchise Area for a continuous period of twelve (12) months, or in the event such System or property has been installed in any Street without complying with the requirements of this Ordinance or a Franchise Agreement, or the Franchise has been tenninated, canceled or expired, the Franchisee, within thirty (30) days after written notice by the City, shall commence removal from the Streets of all such property as the City may require. 2/22/05 40 (k) The City may extend the time for the removal of Franchisee's equipment and facilities for a period not to exceed one hundred eighty (180) days, and, thereafter, such equipment and facilities may be deemed abandoned. (1) In the event of such removal or abandonment, the Franchisee shall restore the area to as good a condition as prior to such removal or abandonment. Section 93.23. Renewal of Franchise. Renewal shall be conducted in a manner consistent with Section 626 of the Communications Act, 47 U.S.C., § 546. The following additional requirements, unless in conflict with applicable law, shall apply: (a) Upon completion of the review and evaluation process set forth in Section 626(a)(I)(2) of the Communications Act, 47 U.S.C., § 546, should that process be invoked, the City shall notify the Franchisee by certified or registered mail that it may file a fonnal renewal application in the fonn of a renewal proposal. The notice shall specify the infonnation to be included in the renewal Application and the deadline for filing the Application, which shall be no earlier than thirty (30) calendar days following the date of the notice. (1) The Application shall comply with the requirements of Section 93.08 hereof, to the extent applicable to franchise renewals and provide the specific infonnation requested in the notice or such other infonnation as is reasonably designated by the City in the notice requesting a fonnal renewal proposal. If the Franchisee does not submit a fonnal renewal Application by the date specified in the City's notice to the Franchisee given pursuant to this subsection, which shall in no event be less than 120 days, the City may take such action as appropriate under law. (2) Upon receipt of the fonnal renewal Application, the City shall publish notice of its receipt and make copies available to the public. The City, following prior public notice of no less than ten (10) days, may hold one or more public hearings on the renewal Application. (b) After the public hearing( s) on the renewal Application is held, the City Commission may either award a Franchise pursuant to a request for proposal, and thereby renew the Franchise; or only after a public hearing, properly noticed, pass a resolution that makes a preliminary assessment that sets forth the grounds that the Franchise should not be renewed. (c) If a preliminary assessment is made that a Franchise should not be renewed, at the request of the Franchisee or on its own initiative, the City will commence a proceeding in accordance with Section 626(c) of the Communications Act, 47 U.S.C., § 546(c) to address the issues set forth in Section 626(c)(I)(A)-(D) of the Communications Act, 47 U.S.C., § 546(c)(I)(A)-(D). Any denial of a proposal for renewal that has been submitted in compliance with 47 U.S.C. § 546(b) shall be based on 2/22/05 41 one or more adverse findings made with respect to the factors described in 47 U.S.C. § 546(c)(l)(A)-(D), pursuant to the record of proceedings under 47 U.S.C. § 546(c). The City shall not base a denial of renewal on a failure to substantially comply with the material tenns of the Franchise under Section 546{ c)(1 )(A) or on events considered under Sec- tion 546(c)(l)(B) unless the City has provided the Franchisee with notice and opportunity to cure, or in any case in which it is documented that the City has waived its right to object, or the Franchisee gives written notice of a failure or inability to cure and the City fails to object within a reasonable time after receipt of such notice. (d) Any request to initiate a renewal process or proposal for renewal not submitted within the time period set forth in Section 626(a) of the Communications Act, 47 U.S.C., § 546(a), or submitted within such time frame and the parties agree that the infonnal process shall be first initiated, shall be deemed an infonnal proposal for renewal and shall be governed in accordance with Section 626(h) of the Communications Act, 47 U.S.C., § 546(h). The City may hold one or more public hearings or implement other procedures under which comments from the public on an infonnal proposal for renewal may be received. Following such public hearings or other procedures, the City Commission shall detennine whether the Franchise should be renewed and the tenns and conditions of any renewal. If the City Commission grants a renewal Application, the City and the Franchisee shall agree on the tenns of a Franchise Agreement, pursuant to the procedures specified herein, before such renewal becomes effective. ( e) If renewal of a Franchise is lawfully denied, the City may acquire ownership of the Cable System or effect a transfer of ownership of the Cable System to another person upon approval of the City Commission pursuant to Section 547 of the Communications Act. The City may not acquire ownership of the System or effect a transfer of ownership of the Cable System while an appeal of a denial for renewal is pending in any court pursuant to the Communications Act, 47 U.S.C. § 546(e). (f) Ifrenewal of a Franchise is lawfully denied and the City does not purchase the Cable System or approve or effect a transfer of the Cable System to another Person, and no appeal to a court is pending, the City may require the fonner Franchisee to remove its facilities and equipment at the fonner Franchisee's expense. If the fonner Franchisee fails to do so within a reasonable period of time, the City may have the removal done at the fonner Franchisee's and/or surety's expense. Section 93.24. Transfers. (a) No transfer, sale or assignment of any interest in a Franchise shall occur without prior City approval, which shall not be unreasonably withheld. (b) An Application for a transfer, sale or assignment of any interest of a Franchise shall meet the requirements of Section 93.08 hereof, and provide complete infonnation on the proposed transaction, including, but not limited to, details on the legal, financial, technical and other material and lawful qualifications of the transferee, and on the potential impact of the transfer on subscriber rates and service. Except in the case of 2/22/05 42 a pro forma transfer as defined herein, the Application shall provide, at a minimum, the information required in Section 93.08 or such other information as is specified in a Franchise Agreement in lieu of the information required in Section 93.08. Upon written request, the Applicant shall provide to the City as additional information any and all written information, other than the information required to be provided by this Ordinance and the Franchise Agreement, that has been provided to Palm Beach County in connection with the transfer if such information is relevant to the City. The City hereby reserves the right to request such additional information as it may reasonably require to consider the Application, however, such requests shall not have the effect of tolling the 120 day automatic approval period provided by federal law. However, nothing herein shall be deemed a waiver of the City's right to deny approval of a transfer within the 120 day period. (c) The Application process shall not include any pro forma transfers, as defined herein, that are related solely to any restructuring, recapitalization or refinancing which does not change the effective control of the Franchisee or to any mortgages and pledges of Franchisee's securities, but shall require proper notice to the City pursuant to the terms of the Ordinance or the Franchise Agreement. (d) In making a determination on whether to grant an Application for a transfer of a Franchise, the City Commission shall consider the legal, financial, technical and other lawful and material qualifications of the transferee to operate the Cable System; whether the incumbent cable operator is in substantial compliance with the material terms of its Franchise Agreement and this Ordinance and, if not, the proposed commitment of the transferee to cure such noncompliance; and whether operation by the transferee would adversely affect Cable Services to Subscribers. The City Commission shall not unreasonably withhold approval to any such transfer. (e) No franchise transfer Application shall be granted unless the transferee, if the Franchise holder, agrees in writing to abide by and accept all terms of this Ordinance and a Franchise Agreement, and to assume all obligations and liabilities of the previous Franchisee, whether known or unknown. If such transferee will not be the holder of the Franchise, such transferee will sign an acknowledgement ensuring compliance by the Franchisee with the Franchise Agreement and this Ordinance. The City shall certify to Franchisee, upon request, all issues of Franchisee's performance that are known and pending. (f) Subject to applicable law, approval by the City of a transfer of a Franchise does not constitute a waiver or release of any of the rights of the City under this Ordinance or the Franchise Agreement, whether arising before or after the date of the transfer. (g) Pursuant to the procedures set forth in Section 93.25, failure to obtain the consent of the City with respect to this Section 93.24 may result in the imposition of liquidated damages in the amount of one thousand five hundred dollars ($1,500) per day for failure to receive such consent of the City for a transfer or change of control; 2/22/05 43 provided, however, that no such liquidated damages shall be owed if the City's denial of consent is unlawful or unreasonable. Section 93.25. Franchise Violations. (a) In addition to any other remedies available at law or equity, the City may apply anyone or combination of the following remedies in the event a Franchisee violates a provision of this Ordinance or a Franchise Agreement after following the procedures set forth in Subsections (d-h) below. (1) Impose liquidated damages in an amount of not less than Two Hundred Fifty Dollars ($250) per day or part thereof per individual violation, or as othetwise expressly provided in this Ordinance or in a Franchise Agreement. Payment of liquidated damages by the Franchisee will not relieve the Franchisee of its obligation to comply with the Franchise Agreement and the requirements of this Ordinance, provided, however, that cure of the alleged violation and payment of liquidated damages pursuant to this section shall be considered full and final resolution of the alleged violation and may not be considered as an event of noncompliance for such period. (2) Revoke the Franchise pursuant to the procedures specified In Section 93.26 hereof. (3) In addition to or instead of any other remedy provided herein, the City may seek equitable relief from any court of competent jurisdiction. (b) In determining which remedy or remedies are appropriate, the City shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations and such other matters as the City determines are appropriate to the public interest. (c) Failure of the City to enforce any requirements of a Franchise Agreement or this Ordinance shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. (d) If the City (or the City Manager or designee with respect to Section 93.19 of this Ordinance) believes that Franchisee has failed to perform any obligation under this Ordinance or a Franchise Agreement or has failed to perform in a timely manner, the City shall notify Franchisee in writing, stating with reasonable specificity the nature of the alleged default. Franchisee shall have thirty (30) days from the receipt of such notice to: (1) Respond to the City, contesting the City's assertion that a default has occurred, and requesting a meeting in accordance with Subsection (e), below; or (2) Cure the default (except Franchisee shall have ninety (90) days with respect to customer service standards measured on a quarterly basis); or 2/22105 44 (3) Notify the City that Franchisee cannot cure the default within the thirty (30) days (or ninety (90) days where applicable), because of the nature of the default. In the event the default cannot be cured within the applicable time frame, Franchisee shall promptly take all reasonable steps to cure the default and notify the City in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City shall set a meeting in accordance with Subsection (e) below to detennine whether additional time beyond the time specified above is indeed needed, and whether Franchisee's proposed completion schedule and steps are reasonable. (e) If Franchisee does not cure the alleged default within the cure period stated above, or by the projected completion date under Subsection (d)(3), or denies the default and requests a meeting in accordance with (d)(I), or the City orders a meeting in accordance with Subsection (d)(3), the City shall set a meeting to investigate said issues or the existence of the alleged default. The City shall notify Franchisee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Franchisee's receipt of notice of the meeting. At the meeting, Franchisee shall be provided an opportunity to be heard and to present evidence in its defense. (f) If, after the meeting, the City detennines that the Franchisee has corrected the violation or promptly commenced correction of such violation after notice thereof from the City and is diligently proceeding to fully remedy the violation, or that no violation has occurred, the proceedings shall tenninate and no penalty or other sanction shall be imposed. (g) If, after the meeting, the City determine that a violation exists and that Franchisee has not corrected the same in a satisfactory manner or did not promptly commence and diligently process to correct the violation, the City may: (1) Impose penalties and/or liquidated damages in accordance with Subsection (a) above and withdraw such amount from the security fund required in this Ordinance or a Franchise Agreement as monetary damages; (2) Recommend the revocation of this Franchise pursuant to the procedures in Section 93.26 below; or (3) Recommend any other legal or equitable remedy available under this Franchise or any applicable law. (h) If the City (or the City Manager or designee in the case of fines assessed in accordance with Section 93.19 of this Ordinance) elects to assess liquidated damages in accordance with this Section 93.25, then such election shall bar the City from instituting revocation proceedings for a period of one hundred twenty (120) days. Thereafter, if the Franchisee remains in non-compliance with the requirements of this Ordinance or a Franchise Agreement, the City may institute revocation proceedings against the Franchisee in accordance with the provisions of Section 93.26 below. 2/22/05 45 (1) Notwithstanding anything to the contrary, any fineslliquidated damages imposed herein shall be calculated as accruing from the date of written notice to the Franchisee of the violation. (2) The detennination as to whether a violation of this Franchise has occurred shall be within the discretion of the City Commission, provided that any final detennination may be subject to appeal to a court of competent jurisdiction under applicable law. Section 93.26. Revocation. (a) The City may revoke and rescind all rights and privileges associated with a Franchise in the following circumstances, each of which represents a material breach of this Franchise: (1) If Franchisee fails to perfonn any material obligation under this Ordinance or in a Franchise Agreement between under the City and Franchisee; (2) If Franchisee willfully fails for more than forty-eight (48) hours to provide continuous and uninterrupted Cable Service; (3) Subscribers; or If Franchisee practices any fraud or deceit upon the City or (4) If Franchisee willfully makes a material misrepresentation of fact in the Application for or negotiation of a Franchise, a renewal or a transfer. (b) Prior to forfeiture or tennination of the Franchise, the City shall give written notice by certified mail to the Franchisee of its intent to revoke the Franchise. The notice shall set forth the exact nature of the noncompliance. If within thirty (30) days following receipt of such written notice from the City to the Franchisee, the Franchisee has not cured such violation or breach, or has not entered into a written agreement with the City on a program to cure the violation, or has not demonstrated that the violation is incurable, or has filed a written response to the City demonstrating that no violation has occurred, the City may then seek a tennination of the Franchise by the City Commission in accordance with this subsection. (c) Any proceeding under the subsection above shall be conducted by the City Commission and open to the public. Franchisee shall be afforded at least thirty (30) days prior written notice of such proceeding. (1) At such proceeding, Franchisee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce evidence, and to question witnesses. A complete verbatim record and transcript shall be 2/22/05 46 made of such proceeding and the cost shall be shared equally between the parties. The City Commission shall hear any Persons interested in the revocation, and shall allow Franchisee an opportunity to state its position on the matter. (2) Within ninety (90) days after the hearing, the City Commission shall detennine whether to revoke the Franchise and declare that the Franchise is revoked and the security fund forfeited; or if the breach at issue is capable of being cured by Franchisee, direct Franchisee to take appropriate remedial action within the time and in the manner and on the tenns and conditions that the City Commission detennines are reasonable under the circumstances. If the City detennines that the Franchise is to be revoked, the City shall set forth the reasons for such a decision and shall transmit a copy of the decision to the Franchisee. Franchisee shall be bound by the City's decision to revoke the Franchise unless it appeals the decision to a court of competent jurisdiction within one hundred twenty (120) days of the date of the decision. (3) Franchisee shall be entitled to such relief as the Court may deem appropriate. (4) The City Commission may at its sole discretion take any lawful action which it deems appropriate to enforce the City's rights under the Franchise in lieu of revocation of the Franchise. (d) If the City revokes a Franchise, or if, for any other reason, a Franchisee abandons the Cable System, tenninates or fails to operate or maintain service to its Subscribers for a period of thirty (30) days, the following procedures and rights are effective: (1) The City may require the fonner Franchisee to remove its facilities and equipment at the fonner Franchisee's expense. If the fonner Franchisee fails to do so within a reasonable period of time, the City may have the removal done at the fonner Franchisee's and/or surety's expense. (2) The City, by resolution of the City Commission, may acquire ownership, or effect a transfer of the Cable System, in accordance with Section 627 of the Communications Act. (3) If a Cable System is abandoned by a Franchisee, the City may sell, assign or transfer all or part of the assets of the System. (e) Where the City has issued a Franchise specifically conditioned in the Franchise Agreement upon the completion of construction, System upgrade or other specific obligation by a specified date, failure of the Franchisee to complete such construction or upgrade, or to comply with such other specific obligations as required may result in revocation of the Franchise, unless the City, at its discretion and for good cause demonstrated by the Franchisee, grants an extension of time. 2/22/05 47 (f) No adverse action against a Franchisee may be taken by the City pursuant to this section except as consistent with the procedures set forth in this section or as othelWise provided by applicable law, including a noticed public hearing at which the Franchisee is given an opportunity to participate. Section 93.27. Continuity of Service Mandatory. (a) It is the right of all Subscribers to receive all available services from the Franchisee as long as their financial and other obligations to the Franchisee are satisfied. (b) In the event of a termination or transfer of a Franchise for whatever reason, the Franchisee shall ensure that all Subscribers receive continuous, uninterrupted service regardless of the circumstances. The Franchisee shall cooperate with the City to operate the System for a temporary period following termination or transfer as necessary to maintain continuity of service to all Subscribers. The temporary period will not exceed six (6) months without the Franchisee's written consent. During such period, the Cable System shall be operated under such terms and conditions as the City and the Franchisee may agree, or such other terms and conditions that will continue, to the extent possible, the same level of service to Subscribers and that will provide reasonable compensation to the cable operator. (c) In the event a Franchisee fails to operate the System for seven (7) consecutive days without prior approval of the City or without just cause, the City may, at its option, operate the System or designate an operator until such time as the Franchisee restores service under conditions acceptable to the City or until a permanent operator is selected. If the City is required to fulfill this obligation for the Franchisee, the Franchisee shall reimburse the City for all costs or damages resulting from the Franchisee's failure to perform. Additionally, the Franchisee will cooperate with the City to allow City employees and/or City agents access to the Franchisees' facilities and premises for purposes of continuing System operation. Section 93.28. Rates. (a) At such time as federal law permits rate regulation, the City reserves all rights to implement and impose such regulation, and may do so by amendment to this Ordinance, by separate ordinance, by amendment to a Franchise Agreement, or in any other lawful manner. (b) Nothing in this Ordinance shall prohibit the City from regulating rates for cable services to the full extent permitted by law. (c) Should a Franchisee desire to change any rate or charge, it shall comply with all laws with respect thereto. 2/22/05 48 (d) Notwithstanding anything to the contrary, a Franchisee shall provide to the City Manager notice of any and all changes to all Subscriber rates no less than thirty (30) days prior to the effective date of such change. Section 93.29. Performance Evaluation. The City may conduct periodic, but not more than once during any twelve (12) month period unless for specific cause, performance evaluations of a Franchisee as the City determines is necessary. A Franchisee shall cooperate with these evaluations reasonably and in good faith. If the City implements a survey of cable Subscribers in connection with a performance evaluation, the City may require a Franchisee to distribute the City's questionnaire to its Subscribers at the City's expense, provided that the Franchisee shall have the right to review the questionnaire prior to its distribution by Franchisee. Upon request and upon reimbursement of the City's copying costs, the Franchisee may inspect or receive copies of all responses. Section 93.30. Administration. (a) The City Manager, either directly or through a duly appointed designee, shall have the responsibility for overseeing the day-to-day administration of this Ordinance and Franchise Agreements. The City Manager or designee shall be empowered to take all administrative actions on behalf of the City, except for those actions specified in this Ordinance that are reserved to the City Commission. The City Manager or designee may recommend that the Commission take certain actions with respect to the Franchise. The City Manager or designee shall keep the City Commission apprised of developments in cable and provide the City Commission with assistance, advice and recommendations as appropriate. (b) To the extent permitted by federal and state law, the City Commission shall have the sole authority to regulate rates for cable services, grant Franchises, authorize the entering into of Franchise Agreements, modify Franchise Agreements, renew or deny renewal of Franchises, revoke Franchises, and authorize the transfer of a Franchise. Section 93.31. Force Majeure. In the event a Franchisee's performance of or compliance with any of the provisions of this Ordinance or the Franchisee's Franchise Agreement is prevented by a cause or event not within the Franchisee's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof; provided, however, that Franchisee uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this Ordinance and any Franchise Agreement granted or renewed hereunder, causes or events not within a Franchisee's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes, loss of utility service not as a result of any action or 2/22/05 49 inaction by Franchisee and restraints imposed by order of a governmental agency or court (unless such order is procured at Franchisee's behest). Causes or events within Franchisee's control, and thus not falling within this section, shall include, without limitation, Franchisee's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of Franchisee's directors, officers, employees, contractors or agents. Section 93.32. Applicability. This Ordinance shall be applicable to all cable Franchises granted, renewed, modified or transferred on or after the effective date hereof, and shall apply to all cable Franchises granted prior to the effective date of this Ordinance, to the full extent permitted by state and federal law. Section 93.33. Municipal Cable System Ownership Authorized. (a) To the full extent permitted by law, the City may acquire, construct, own and/or operate a Cable System. (b) Nothing in this Ordinance shall be construed to limit or expand in any way the ability or authority of the City to acquire, construct, own and/or operate a Cable System to the full extent permitted by law. Section 93.34. Reservation of Rights. (a) The City reserves the right to amend this Ordinance as it shall find necessary in the lawful exercise of its police powers. (b) The City reserves the right to the extent permitted by applicable law to exercise the power of eminent domain to acquire the property of the Franchisee's Cable System. Nothing herein is intended to restrict or expand such rights as granted by the Constitution and laws of the State of Florida. (c) The City shall at all times have the right, upon reasonable notice and during normal business hours, to examine and copy a Franchisee's records and to inspect a Franchisee's facilities to the extent needed to monitor a Franchisee's compliance with and performance under this Ordinance and the Franchisee's Franchise Agreement. However, the City shall not copy any records that have been identified as confidential and proprietary pursuant to Ch. 119 Florida Statutes. Section 93.35. Notices. All written correspondence between the City and Franchisee shall be delivered via hand delivery, certified mail or such other means so as to provide a return receipt. Notice to the Franchisee shall be deemed effective upon written receipt. Notice to the City shall be effective upon written receipt by the City Manager. 2/22/05 50 Section 2. Repeal of Confficting Ordinances. Ordinance No. 18-03, in its entirety, and all pre-existing ordinances or resolutions or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that nothing in this Ordinance shall be interpreted or construed to terminate or revoke the grant and subsequent amendment of Cable Television Franchise by City Ordinance No. 18-03, until or unless the aforesaid ordinances are superseded or repealed and a Franchise Agreement is entered into or renewed pursuant to this Ordinance. Section 3. Severability. If any part, section, subsection, or other portion of this Ordinance or any application thereof to any Person or circumstance is declared void, unconstitutional or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Ordinance, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City declares that no invalid or prescribed provision or application was an inducement to the enactment of this Ordinance, and that it would have enacted this Ordinance regardless of the invalid or prescribed provision or application. Section 4. Inclusion in the Code of Ordinances. It is the intent of the City of Del ray Beach that specific authority is hereby granted to codify this Ordinance. The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of Delray Beach, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "Ordinance" may be changed to "section," "Ordinances," or any other appropriate word or phrases in order to accomplish such intention. Section S. Effective Date. This Ordinance shall take effect and be in force immediately upon its passage and adoption. 2/22/05 51 PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 2005. ATTEST City Clerk First Reading Second Reading 2/22/05 MAYOR 52 FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT ("Agreement") is made this _ day of , 2005, by and between the CITY OF DELRA Y BEACH (the "City") and Adelphia Cable Partners, LP and National Cable Acquisition Associates, LP, subsidiaries of Adelphia Communications Corp. ("Adelphia" or "Franchisee") ; WHEREAS, pursuant to the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. §521 ("Communications Act"), the City may grant or renew a Franchise to construct, operate and maintain a Cable Television System; and WHEREAS, the City is authorized to regulate the construction, installation, operation and maintenance of Cable Television Systems pursuant to federal, state and local law; and WHEREAS, on _, the Commission adopted Ordinance No. _ entitled "Cable Television" to update the tenns and conditions for the operation of Cable Systems and the application, procedures and requirements relating to the grant of Franchises for the construction, installation, operation and maintenance of Cable Systems' equipment and facilities in the City's public rights-of-way (the "Ordinance"); and WHEREAS, Franchisee's existing Franchise granted by the City expired on July 22, 2004; and WHEREAS, Adelphia desires to renew its Franchise to construct, install, maintain, and operate a Cable System in the City and has applied to the City for a renewal of such Franchise; and C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayfranchise.2.28.clean.doc A àà,~~\ ~~Gn - ::¡:~ \ \)ß WHEREAS, the construction, installation, maintenance, and operation of such a Cable System involves the use and occupation of the Streets of the City, over which the City exercises governmental control; and WHEREAS, the Commission has evaluated Adelphia's application in light of the requirements of federal and state law and the Ordinance; and WHEREAS, the Commission has considered all infonnation presented to it by Adelphia, the City staff, the City's consultants, and the public; and WHEREAS, based on said infonnation, the Commission has detennined that a renewal of Adelphia's nonexclusive Franchise to construct, install, maintain and operate a Cable System in the City, subject to the tenns and conditions set forth herein and in the Ordinance, is consistent with the public interest; and WHEREAS, the City and Adelphia have reached agreement on the tenns and conditions of such a Franchise Agreement. NOW, THEREFORE, in consideration of the City's renewal of Adelphia's Franchise to own, construct, install, maintain and operate a Cable System within the City, and to use and occupy the Streets of the City for that purpose, and in consideration of Adelphia's promise to provide Cable Service to residents of the City pursuant to the Ordinance and under the tenns and conditions set forth herein, and in consideration of the promises and undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Franchise is hereby granted and THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS: C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 2 Section 1. Definitions. Except as otherwise provided specifically herein, the definitions in Chapter 93 of the City Code shall govern this Agreement. In addition, the following definitions shall apply: A. "Commercially Feasible" shall mean that level of technical perfonnance, equipment, components and cable services (without reference to the content of the cable service) which has been developed and demonstrated to be generally accepted and used in the cable industry, excluding (1) "tests" involving new products offered for one year or less, or (2) products that the Franchisee can demonstrate would not provide a rate of return comparable to other markets where such products are offered. Nothing herein shall be construed to require a Franchisee to employ any specific transmission technology or to carry any particular programming services. B. "Effective Date" shall mean the date upon which this Agreement commences, as provided in Section 3 hereof. C. "Franchisee" or "Adelphia" shall mean Adelphia Communications Corp. ("Adelphia"), and its lawful and pennitted successors, assigns and transferees pursuant to Sections 32 and 33 of this Agreement and the Ordinance. D. "Franchise Area" shall mean the entire territory within the corporate limits of the City and as those limits may change from time to time through annexation or contraction during the tenn of this Agreement. E. "Ordinance" shall mean Chapter 93 of the Code ófthe City of Delray Beach, Florida, as such existed on the Effective Date of this Agreement. Section 2. Grant of Franchise. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 3 Subject to the tenns of this Agreement and the Ordinance, the City hereby grants Franchisee a Franchise for the non-exclusive right and privilege to own, construct, install, maintain and operate a Cable System within the Franchise Area. Section 3. Term of Agreement. A. The Agreement shall commence upon the date that the Ordinance approving this Agreement is adopted by the City Commission (the "Effective Date"), provided that the Franchisee has provided to the City within ten (10) days of the Effective Date the written acceptance required by Section 40 herein, the proof of insurance required by Section 8 herein, and any and all payments due as of the Effective Date pursuant to this Agreement and the Ordinance. Franchisee shall provide to the City the security fund as required in Section 10 herein within fifteen (15) days following such adoption. Failure to provide the written acceptance, the proof of insurance, the security fund and the payments as required herein may result in a denial or delay of the grant. B. This Agreement shall be for a period often (10) years commencing from the Effective Date and shall tenninate [March 1,2015], unless otherwise sooner tenninated or otherwise extended in accordance with the tenns of this Agreement and the Ordinance. Section 4. Non-Exclusive Franchise. The Franchisee's right to use and occupy the Streets and rights-of-way shall be non- exclusive pursuant to Section 93.05 of the Ordinance. The City reserves the right to grant a similar or other use of said Streets, or any portions thereof, to any person, including the City, at any time during the tenn of this Agreement consistent with Florida Statute 166.046 as in effect on the date hereof. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 4 Section S. Agreement Subject to Communications Act, State Law and City Code. A. This Agreement is subject to and shall be governed by all tenns, conditions and provisions of the Communications Act, any amendments thereto, and any other applicable provision of federal, state or local law of general applicability, existing or hereafter adopted. B. This Agreement is subject to and shall be governed by all tenns, conditions and provisions of the Ordinance, as it existed on the Effective Date of this Agreement. C. Franchisee hereby accepts all tenns and conditions of the Ordinance as they exist on the Effective Date of this Agreement. D. In the event of a conflict between this Agreement and the Ordinance, this Agreement shall control as provided herein. Section 6. Franchisee Subject to Other Laws, Police Power. A. Franchisee is subject to and agrees to comply with all generally applicable local, City, state and federal laws, ordinances, rules, regulations and orders, existing or hereafter lawfully adopted. The City and the Franchisee agree to comply with all applicable Florida Statutes. B. The Franchisee shall at all times be subject to all lawful exercise of the police power of the City, and this Agreement is not intended to limit or expand the City's exercise of such power in any way. C. The parties expressly acknowledge that the Franchisee's obligations under this Agreement may not be unilaterally altered, whether by resolution, proclamation, or amendment C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 5 of the Ordinance unless otherwise stated herein or expressly pennitted by applicable federal or state law. Section 7. Reservation of Rights. A. The Franchisee is subject to and agrees to comply with all applicable federal, state and local law of general applicability subject to Section 6( c) above. B. The City reserves the right to acquire, purchase, own and/or operate a Cable System to the extent pennitted by applicable state and federal law. Section 8. Insurance. A. Franchisee shall obtain and maintain insurance of the types and minimum amounts required in Section 93.11 of the Ordinance in such a manner as to comply with each and every requirement of that section. B. The Franchisee shall provide proof to the City of compliance with this section as of the effective date of this Franchise, or as otherwise agreed to in writing by the City Manager or his designee. Should Franchisee fail to provide the City with proof of insurance as required herein, Franchisee shall be subject to fines and other enforcement remedies, including but not limited to revocation pursuant to the procedures set forth in Section 93.26 of the Ordinance. C. In the event of any request for modifications or transfers of the Franchise, Franchisee shall provide proof to the City of compliance with this Section no later than thirty days (30) after the effective date the relevant transaction is completed. Should Franchisee fail to provide the City with proof of insurance as required in this Subsection (C), Franchisee shall be subject to fines and other remedies, including a resolution denying the transaction or revoking C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 6 any prior conditional approval requested by the Franchisee, pursuant to Section 93.09 of the Ordinance. D. All certificates of insurance shall be filed and maintained with the City Manager. The certificates of insurance filed pursuant to this subsection must contain a statement that the City shall receive at least thirty (30) days advance written notice of any cancellation of insurance. Section 9. Indemnification of the City. Franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its elected or appointed officials, employees, committees and boards, in accordance with Section 93.11 of the Ordinance. The City agrees to notify Franchisee, in writing, within twenty (20) days of the City receiving notice of any issue that may require indemnification pursuant to Section 93.11. To the extent Section 93.11 requires the consent of the City Attorney, such consent shall not be unreasonably withheld. Section 10. Security Fund. A. In compliance with Section 93.12 of the Ordinance, Franchisee shall provide to the City a perfonnance bond in the amount of two hundred thousand dollars ($200,000) to ensure the faithful perfonnance of all provisions of this Agreement, the Ordinance, and all applicable local, state and federal law. The bond shall be in a fonn and with a surety reasonably acceptable to the City's Risk Manager. B. If thirty (30) calendar days after written notice from the City Franchisee fails to pay to the City any fees or taxes due and unpaid, or any liquidated damages owed pursuant to the Ordinance, or this Agreement, damages, costs or expenses that the City has incurred by reason of any act, omission or default of Franchisee in connection with this Agreement or the Ordinance, C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 7 the City may apply to the surety for withdrawal of that amount, plus interest and any costs. Upon such withdrawal or claim, the City shall notify Franchisee in writing of the amount and date of the withdrawal at least ten (10) business days prior to a withdrawal. Any action by the City Manager or designee to draw upon the perfonnance bond hereunder may be appealed to the City Commission for hearing and detennination, subject to the tenns set forth in the Ordinance. C. The rights reserved to the City under this section are in addition to all other rights of the City, whether reserved in this Agreement or the Ordinance or authorized by other law, and no action, proceeding or exercise of a right with respect to the perfonnance bond will affect any other right the City may have. Section 11. Construction Bond. In compliance with Section 93.13 of the Ordinance, prior to any significant Cable System construction, upgrade, rebuild or other significant work in the Streets of the City, Franchisee shall post a construction bond in favor of the City hereof in the amount of fifty percent (50%) of the cost of such construction or two hundred fifty thousand dollars ($250,000), whichever is less. Such bond shall be subject to the approval of the City's Risk Manager, such approval to be not unreasonably withheld. The City shall be provided with thirty (30) days prior notice of intent to cancel or not renew the bond. The bond shall be maintained until such construction is completed and activated and for a period of twelve (12) months thereafter. Franchisee shall notify the City Manager in writing when it believes the construction has been completed and the date on which it believes the bond may be eliminated pursuant to this Section 11. Unless the City reasonably detennines that construction is not complete or there exists a potential claim or C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 8 demand against the Bond, the City agrees to return the bond to the Franchisee or to sign such documents as are required to release the bond. Section 12. Use of Streets; Use of City Private Property. A. Franchisee agrees at all times to comply with and abide by all generally applicable and lawful provisions of the City Code, the Ordinance, this Agreement, and applicable state, local and federal law with respect to use of the Streets B. As required by the City, and upon receipt of written notice, Franchisee shall remove, relocate, replace or modify, at its own expense to the extent other Persons with facilities in the Streets are so required (except as otherwise required by applicable law) its facilities within any public Streets as set forth in the Ordinance, provided, however, that should the City require such removal, relocation, replacement or modification in order to construct and install its own competitive Cable System, then the City shall pay the expense. If funds are available to any similarly situated Person using the Streets for the purpose of defraying the cost of any of the foregoing, the City shall reimburse or cooperate with the Franchisee in the same manner in which other similarly situated Persons affected by the requirement are reimbursed, as set forth herein and as provided by state or federal law. If funds are available for the purpose of defraying the above costs by federal or state law, the City shall cooperate in assisting Franchisee in obtaining such funds. If funds are available for the purpose of defraying the above costs under local law, Franchisee shall be entitled to reimbursement if such local law includes cable operators in the reimbursement. If the funds are controlled by another governmental entity, the City shall make application for such funds on behalf of the Franchisee if, as a matter of law or regulation, Franchisee is not pennitted to apply on its own behalf. C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 9 C. In cases of new construction or property development where utilities are to be placed underground, the City agrees to require as a condition of issuing a pennit for open trenching to any developer or property owner that such developer or property owner give Franchisee at least thirty (30) days prior notice of such construction or development, and of the particular dates on which open trenching will be available for Franchisee's installation of conduit, pedestals and/or vaults, and laterals to be provided at Franchisee's expense. Franchisee shall also provide specifications as needed for trenching. Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that if Franchisee fails to install its conduit, pedestals and/or vaults, and laterals within five (5) working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the five-day period, the cost of new trenching is to be borne by Franchisee. Section 13. Minimum Facilities & Services. A. As of the Effective Date hereof, the relevant Cable System will, at minimum, pass frequencies of at least 750 MHz and will be fully operational throughout the entire City. B. As of the Effective Date, the Franchisee shall provide to the City a complete set of strand System maps and such reasonable documentation as may be required by the City. C. Maintain upstream Video Channel capacity through return lines from City Hall to the Franchisee's headend and in the amount necessary to satisfy the PEG Access Channel requirements set forth in Section 93.16 of the Ordinance and Section 16 hereof. D. Franchisee's Cable System shall transmit to Subscribers any stereo signals and any other fonn of advanced television signals, including but not limited to high-definition C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 10 television (to the extent that Franchisee has the obligation to do so pursuant to federal must-carry rules or the requisite authority pursuant to a valid retransmission consent agreement with the applicable broadcast station) received and carried by the Cable System pursuant to applicable federal law . E. Franchise shall fully comply with all applicable laws concerning handicapped or disabled persons. Section 14. Technological Improvements to System. A. Throughout the tenn of this Agreement, compliance with this Section 14 shall be deemed compliance by the Franchisee with Section 93.14 of the Ordinance. B. State-of-the-Art. 1. Within thirty (30) days after the Fifth Anniversary of the effective date of this Agreement, the Franchisee shall submit a written report to the City in a fonn reasonably satisfactory to the City Manager, that discusses the Cable System capacity and Cable Services offered on any of the most recently constructed or upgraded Cable Systems owned and operated by the Franchisee, its parent or Affiliates in Palm Beach County, Florida. The purpose of this report is to discuss the status of the Cable System in relation to State-of-the-Art. 2. During the tenn of this Franchise, Franchisee may agree to make such technically and Commercially Feasible improvements to its Cable System as may be requested by the City. If Franchisee believes that a particular improvement requested by the City is not Commercially Feasible for any reason, it will, upon written request, provide infonnation to the City supporting its position. If the City and Franchisee disagree as to the Commercial Feasibility C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 11 of a particular improvement, the City may provide notice stating that it believes that such an improvement is appropriate and may consider Franchisee's response during renewal. (a) The City may, by written notice, require the Franchisee to provide the functional equivalent of such Cable System capacity or Cable Services that are not then available on the Cable System in the City but are available within Palm Beach County. Nothing herein shall be construed to require the Franchisee to employ any specific transmission technology or to carry any particular programming service. (b) Upon receipt of such notice, the Franchisee shall implement the same or functional equivalent of such Cable System capacity or Cable Services within twelve (12) months of receipt of notice, or as otherwise agreed to by the City and the Franchisee. The City agrees to provide an extension of such twelve (12) month period upon written request of the Franchisee for good cause shown, including, but not limited to Force Majeure. 3. Franchisee's failure to upgrade the Cable System pursuant to this section shall result in imposition of fines to be paid by the Franchisee to the City in the amount of not less than one thousand dollars ($1,000) per violation, per day, or part thereof that the violation continues after following the procedures set forth in Section 93.25 of the Ordinance and shall be considered in any renewal proceedings. C. For any subsequent upgrade or rebuild of the Cable System, Franchisee shall submit to the City a schedule of its planned cable routing, work areas and pedestal/power supply locations during the upgrade or rebuild construction process in accordance with the City's generally applicable requirements. C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 12 D. During any further construction, Franchisee shall provide monthly written updates and, upon request of the City Manager or designee, meet with the City monthly, or as otherwise agreed to between the City and Franchisee, to review the progress of the construction of the Cable System and to coordinate, as may be necessary, to minimize disruption of the rights-of- way in the City while attempting to avoid delay in the Cable System construction schedule. E. Franchisee agrees to provide reasonable notice to all Subscribers of any Cable System upgrade or rebuild and the timing of such through the use of door hangers, direct mail, and over the Cable System prior to the initiation of and during construction. Section IS. Institutional Network. The Franchisee shall provide Institutional Network services to the City in accordance with the tenns of a separate agreement between the parties. Section 16. Access Channels and Facilities. A. Access Channel CaDacity. Upon ninety (90) days written notice, Franchisee shall provide to the City at least one (1) and a maximum of three (3) activated downstream Access Channels in accordance with this section and at least one (1) return line and a maximum of two (2) return lines on the Cable System for the exclusive use of the City which the City shall use, in whole or in part, for video and audio services for non-commercial educational and/or governmental access use: 1. Upon written request of the City, Franchisee shall provide to the City one (1) full-time Access Channel ("First Access Channel") to the City within ninety (90) days of the date of the request. Franchisee shall deliver to the City a second channel for the City's exclusive use ("Second Access Channel") if, at any time, the First Access Channel is programmed at least C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 13 ten (10) hours per day between 8:00 a.m. to 12:00 a.m. for a period of six (6) consecutive weeks with non-character generated, non-duplicative, non-commercial programming (the acknowledgement of underwriters and sponsorships shall be considered non-commercial). The Franchisee shall provide the exclusive use of the Second Access Channel within six (6) months of receipt of a written request from the City that will include detailed documentation evidencing the fact that the usage of the First Access Channel has met the criteria set forth above. The Second Access Channel may, at the City's option, be activated from City Hall, or from such other location within the City as specified by the City. Franchisee shall deliver to the City a third channel for the City's exclusive use ("Third Access Channel") if, at any time, the First and Second Access Channels are programmed at least ten (10) hours per day between 8:00 a.m. to 12:00 a.m. for a period of six (6) consecutive weeks with non-character generated, non- duplicative, non-commercial programming. The Franchisee shall provide the exclusive use of the Third Access Channel within six (6) months of receipt of a written request from the City that will include detailed documentation evidencing the fact that the usage of the First and Second Access Channels have met the criteria set forth above. 2. The City may elect to carry County or other municipal or educational programming in all or in part on City Access Channels and such programming shall be included as usage under Subsection 1 above as long as such programming is not duplicative of County programming carried on an entire County Channel that is delivered to Subscribers within the City. At no time shall Franchisee be obligated to carry more than a total of three (3) Access Channels. In accordance with federal law and Section 93.16 of the Ordinance, Franchisee will be entitled to use any PEG Access Channel capacity for the provision of other services at any C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 14 time such channel capacity is not being used for PEG access purposes or is not meeting the usage requirements as provided in this Agreement. 3. Upon 90 day's prior written notice from the City, Franchisee shall cablecast live all City Commission Meetings over the Cable System. 4. The Franchisee shall not be responsible for the operation, management and administration of PEG Access, or for providing programming or technical support thereto, except as otherwise provided in this section. 5. Franchisee's Cable System shall be configured so that any programming delivered to the Cable System on any return line required hereunder may be delivered downstream on the Cable System on any of the activated downstream Access Channels to all Subscribers hereof, as detennined and directed by the City from the access facilities and equipment located at City Hall, or from such other location within the City designated by the City, for a total of two return lines. 6. Franchisee shall provide all necessary headend and Cable System electronic and distribution equipment so that any programming transmitted from City Hall and such other origination location designated by the City in accordance with this Agreement may be transmitted to all Subscribers on any of the Access Channels provided pursuant to this Section hereof. City Hall and the other origination location designated pursuant to Section 16(a) hereof will be linked to the headend by the most technically feasible and cost-effective means, as reasonably approved by the City. 7. Franchisee agrees that all Access Channels will be provided to Subscribers on the Cable System as a part of the lowest tier of Cable Service and that, if programming C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 15 infonnation is supplied to Franchisee by the City in writing, Franchisee will use its best efforts to publicize such programming on the Access Channels as a part of any ordinary printed program listings it creates and provides to Subscribers. 8. Franchisee agrees that any and all Access Channels provided pursuant to this Section 16 shall be provided on the same channel location to all Subscribers in the City. If Franchisee elects to change the channel location of any City Access Channel, Franchisee shall provide no less than ninety (90) days notice to the City and thirty (30) days notice to Subscribers prior to the change and shall advertise any such change consistent with FCC notice requirements. 9. Failure on the part of the Franchisee to provide the PEG channels required by Section 16(A) of this Agreement may result in the imposition of liquidated damages in the amount of one thousand dollars ($1,000) per day per violation after following the procedures set forth in Section 93.25 of the Ordinance. B. Access Capital Grant 1. Consistent with applicable federal law, the Franchisee shall pay the City a capital grant for PEG equipment, facilities and other capital requirements in the amount of Eighty Seven Thousand Five Hundred Dollars ($87,500) per year during each year the franchise is in effect, and payable within ten (10) days of the effective date hereof, and by March 15th of each subsequent year. 2. The City acknowledges that under FCC rules, the Capital Grant may be passed through to Subscribers. Franchisee agrees that if the Capital Grant is passed through to Subscribers, such pass through shall apply to all Subscribers, including those Subscribers who receive Cable Service pursuant to bulk agreements, on an equitable basis. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 16 3. Franchisee hereby agrees that the Capital Grant provided by Franchisee pursuant to this Section 16 constitutes capital costs which are required by the Agreement to be incurred by Franchisee for public, educational, or governmental access facilities within the meaning of Section 622(g)(2)(c) of the Communications Act, 47 U.S.C. §542(g)(2)(C); Such grant shall not constitute a Franchise Fee or tax within the meaning of the Communications Act, state law, including but not limited to, the Florida Communications Services Tax, the Ordinance, or this Agreement as of the Effective Date of this Agreement. Section 17. Service to Public Buildings. A. Notwithstanding any other provision of the Ordinance, Franchisee shall provide one cable drop per location (including installation) without charge to each government building regardless of whether such facility is owned or leased in the Franchise Area that is listed in Exhibit A of this Agreement or any such building that is located within one hundred twenty-five (125) feet of Franchisee's coaxial distribution plant, whether now in existence or constructed during the tenn of this Agreement. Such service shall, at minimum, include the basic and expanded basic tiers, or the equivalent comprising the next level of programming service above the lowest tier of Cable Service. Service extensions beyond 125 feet shall be at the City's expense based upon Franchisee's actual costs. B. Failure on the part of the Franchisee to provide the cable drop and Cable Service required by Section 17(A) of this Agreement may result in the imposition of liquidated damages in the amount of five hundred dollars ($500) per day per violation after following the procedures set forth in Section 93.25 of the Ordinance. Section 18. Service to Schools. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 17 A. Notwithstanding any other provision of the Ordinance, Franchisee shall provide, without charge, one cable drop per location (including installation) and the basic and expanded basic tiers (or such equivalent comprising the next level of programming service above the lowest tier) of Cable Service to all accredited K-12 schools within the City that are located within one hundred twenty-five (125) feet of Franchisee's coaxial distribution plant, whether now in existence or constructed during the tenn of this Agreement. Service extensions beyond 125 feet shall be at the respective school's expense based upon Franchisee's actual costs. B. Franchisee shall make arrangements for each school to receive school materials, to the extent available, for teachers that explain the educational applications of the Franchisee's Cable Services and programming offered on the Cable System. The materials will be provided to all connected schools at no cost. C. Franchisee has established a voluntary initiative to provide, upon request, cable internet service to all State accredited K-12 schools within the City which receive Cable Service. Franchisee intends to provide each of such schools with one outlet of unlimited Internet access, including the necessary cable modem. D. The costs related to this Section 18 shall not be offset against Franchise Fees or taxes or passed through to Subscribers. Section 19. Commercial Leased Access. Franchisee shall provide commercial leased Access Channels as required by applicable law. Section 20. Emergency Use of Facilities. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 18 A. Franchisee shall at minimum comply with all FCC rules on emergency use of facilities. B. Franchisee shall provide standby power generating capacity to the Cable System headend capable of providing at least two (2) hours of emergency power. Section 21. Lock-out Devices. Franchisee shall make available at reasonable charge to any residential Subscriber, upon the request of such Subscriber, a "parental guidance" or "lock-out" device which shall pennit the Subscriber, at his or her option, to eliminate the audio and visual transmissions from any channel reception to the extent technically feasible. Section 22. Line Extension Policy. Upon request and payment of all applicable charges, and provided that the requesting person gives Franchisee access to his/her premises in order to furnish, maintain and continue to offer Cable Service to that person, Franchisee shall, throughout the tenn of this Agreement, promptly furnish, maintain, and continue to provide all Cable Services distributed over the Cable System to any person at his/her place of residence at which Franchisee has the right to install equipment and located within the City where such residential location is not receiving Cable Service by any other franchised cable operator, provided that the number of actual residential dwelling units to be passed by any requested extension equals or exceeds twenty (20) homes per mile as measured from the nearest activated point on the Cable System to the furthest location to be served by the requested extension. Section 23. Cable Home Wiring Commitments. C:\Documents and Settings\kucmerowsk\Local Settings\ Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 19 Franchisee shall comply with all FCC rules regarding cable home wiring, as amended from time to time. Section 24. Franchise Fee. A. As of the Effective Date hereof, the Florida Communications Services Tax Act preempts Section 93.17 of the Ordinance. If, however, the Florida Communications Services Tax Law is amended or repealed so that a local franchising authority is allowed to impose and collect Franchise fees, then forty five (45) days after the effective date of any such statutory amendment or repeal, this section of the Agreement will become effective or at such time as stated in said amendment or repeal of the Florida Communications Services Tax Law. Unless otherwise provided by law, Franchisee shall collect and remit Franchise fees for the entire period following the effective date of the aforementioned change in law, even if some collection and payment must be done in arrears to allow for changes to the billing process. The intent of this section is to ensure the City is not deprived of any Franchise fees to which it would otherwise be entitled following any change in applicable state law. 1. Franchisee shall pay the City a Franchise fee of five percent (5%) of Franchisee's Gross Revenues derived from the operation of the Cable System to provide Cable Services in the City. Franchise fee payments shall be paid on a quarterly basis (January 1, April 1, July 1 and October 1) no later than forty-five (45) days after the end of each quarter. Each payment shall be accompanied by a detailed report to the City showing the basis of the computation. 2. The City shall have the option of increasing the Franchise fee to the maximum pennitted by law following a public hearing where both the Franchisee and public are C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 20 allowed to comment on the impact of the higher fee, and a vote by the City Commission adopting a resolution to impose the higher fee. Such change shall take effect on the next available billing cycle in which the higher charge may be placed on Subscribers' bills. 3. Upon reasonable prior written notice, during Nonnal Business Hours, as defined in the Ordinance, at Franchisee's principal business office in Palm Beach County, the City shall have the right to inspect the Franchisee's financial records used to calculate the Franchisee fees; provided, however, such actual fees are subject to the applicable statute of limitations. 4. Upon completion of any such inspection by the City, the City shall provide to the Franchisee a final report setting forth the City's findings in detail, including any and all substantiating documentation. The Franchisee shall have thirty (30) days from the receipt of the report to provide the City with a written response, including any substantiating documentation. Any "Finally Settled Amount( s)" due to the City as a result of such inspection shall be paid to the City by the Franchisee within thirty (30) days from receipt of written notice of the acceptance of such Finally Settled Amount from the City. For purposes of this section, the tenn "Finally Settled Amount(s)" shall mean the agreed upon underpayment, if any, to the City by the Franchisee as a result of such inspection. If the parties cannot agree on a "Finally Settled Amount", the parties shall submit the dispute to a mutually agreed upon mediator within sixty (60) days of reaching an impasse. In the event an agreement is not reached at mediation, either party may bring an action to have the disputed amount detennined by a court of law. Once the parties agree upon a Finally Settled Amount and such amount is paid by the Franchisee, the City C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 21 shall have no further rights to audit or challenge the payment for that period unless otherwise provided by applicable law. B. Unless otherwise mandated by applicable law, Franchisee expressly agrees that: (i) the Franchise fee payments to be made pursuant to this section shall not be deemed to be in the nature of a tax; (H) such Franchise fee payments shall be in addition to any and all taxes of a general applicability and not applicable solely to cable television operations within the City or other fees or charges which Franchisee shall be required to pay to the City or to any state or federal agency or authority, as required herein or by law, all of which shall be separate and distinct obligations of Franchisee; (Hi) Franchisee shall not have or make any claim for any deduction or other credit of all or any part of the amount of said Franchise fee payments from or against any of said City taxes or other fees or charges of general applicability which Franchisee is required to pay to the City, except as agreed herein or required by law; (iv) Franchisee shall not apply nor seek to apply all or any part of the amount of said Franchise fee payments as a deduction or other credit from or against any of said City taxes or other fees or charges of general applicability, each of which shall be deemed to be separate and distinct obligations of Franchisee; (v) Franchisee shall not apply or seek to apply all or any part of the amount of any of said taxes or other fees or charges of general applicability as a deduction or other credit from or against any of its Franchise fee obligations, each of which shall be deemed to be separate and distinct obligations of Franchisee. Section 2S. Reports and Records. Upon reasonable prior written request of the City Manager or his/her designee, Franchisee shall furnish the City with all of the infonnation as required under Section 93.18 of the C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 22 Ordinance, except those reports required by Section 93.18 (a)(4) and (b)(2) (unless and until the Florida Simplified Communications Tax Act is properly amended or repealed). Franchisee hereby expressly agrees to implement and maintain such practices and procedures as may be necessary to comply with said obligations. Section 26. Right to Inspect Financial Records and Facilities. A. Franchisee shall maintain a complete set of books and records, including plans, contracts, engineering, statistical, customer and service records at a location in Palm Beach County, as required by the Ordinance, and accounting and financial records if the Florida Simplified Communications Tax Act is properly repealed, unless prohibited by applicable law. B. Throughout the tenn of this Agreement, the Franchisee agrees that upon receipt of advance written notice from the City, the Franchisee shall pennit any duly authorized representative of the City to review such of the Franchisee's books and records regarding the operation of the Cable System and the provision of Cable Service in the City, as are reasonably necessary to monitor Franchisee's compliance with the provisions of the Ordinance and this Agreement at the Franchisee's business office in Palm Beach County, during Nonnal Business Hours and without unreasonably interfering with Franchisee's business operations. Such notice shall specifically reference the subsection of the Agreement that is under review so that the Franchisee may organize the necessary books and records for easy access by the City. Such books and records shall include, without limitation, any records required to be kept in a public file by the Franchisee pursuant to the rules and regulations of the FCC. The Franchisee shall not be required to maintain any books and records for Agreement compliance purposes longer than five (5) years, except for written service complaints, which shall be kept for three (3) years. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 23 C. The City shall accord all books and records that it inspects under this section the degree of confidentiality such books and records are entitled to under federal and state law. To the extent Franchisee considers any books or records that it is required to produce to be confidential or otherwise protected from public disclosure, Franchisee shall designate which documents it views as confidential and proprietary. D. Franchisee hereby agrees that the City shall have the right to inspect Franchisee's facilities and property during Franchisee's Nonnal Business Hours and upon reasonable notice. Section 27. Customer Service Requirements. Franchisee agrees to comply with, and to implement and maintain any practices and procedures that may be required to monitor compliance with each of the customer service requirements set forth in Section 93.19 of the Ordinance, and as such requirements may be lawfully amended in accordance with the tenns of the Ordinance or this Agreement. Section 28. Late Fees. Pursuant to Section 93.19 of the Ordinance, Franchisee hereby agrees that any late charge imposed on Subscribers for unpaid bills shall not exceed Five Dollars ($5.00). Such fee may be deemed to represent Franchisee's reasonable administrative costs. Section 29. City Purchase of Cable System. The City may, upon the recommendation of the City Manager and the approval of the Commission, acquire ownership of and operate Franchisee's Cable System in accordance with the Ordinance and applicable state and federal law. Section 30. Modification of Agreement. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 24 Franchisee shall file an Application with the City for any modification of this Agreement in accordance with the federal Communications Act and Section 93.08 of the Ordinance. Section 31. Transfer of Agreement. Franchisee shall file an Application to transfer or to change ownership or control of Franchisee or its Cable System in full compliance with Sections 93.08 and 93.24 of the Ordinance. No Transfer shall occur without prior approval of the City Commission, which approval shall not be unreasonably withheld. Franchisee shall be subject to liquidated damages in the amount of one thousand five hundred dollars ($1,500) per day for failure to receive such consent of the City for a transfer or change of control; provided, however, that no such liquidated damages shall be owed if the City's denial of consent is unlawful or unreasonable. Section 32. Procedures for Requesting Approval of Transfer. In compliance with the requirements set forth in Sections 93.08 and 93.24 of the Ordinance, and subject to Section 31 above, the following procedures shall be followed by Franchisee in requesting the City's consent to a transfer, other than a pro fonna transfer, of this Agreement or to transfer control of the Agreement or Franchisee. However, the requirement to obtain consent for a pro fonna transfer shall not apply to transactions solely for the purpose of restructuring, recapitalization or refinancing which do not change the effective control of the Franchisee, as long as the Franchisee provides reasonable notice to the City of such transaction. A. At least one hundred twenty (120) calendar days prior to the contemplated effective date ofa transfer, Franchisee shall submit to the City a completed Application for approval of the transfer. Such Application shall include the following: 1. A statement of the reason for the contemplated transfer. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 25 2. The name, address and telephone number of the proposed transferee. 3. A detailed statement of the corporate or other business entity organization of the proposed transferee, including but not limited to the following: (a) A detailed and complete audited financial statement of the proposed transferee for the three (3) fiscal years immediately preceding the date of the request for transfer approval, prepared by a certified public accountant if audited statements were made, or a letter or other acceptable evidence in writing from a duly authorized officer of the proposed transferee setting forth a clear and accurate description of the amount and sources of funding for the proposal transaction and its sufficiency to provide whatever capital and operating funds shall be required by the proposed transferee to construct, install, rebuild, maintain and operate the proposed Cable System in the City. If the corporate or business entity organization of the proposed transferee has not been in existence for a full three (3) years, the proposed transferee shall submit a certified financial statement for the period of its existence. (b) A description of all previous experience of the proposed transferee in operating Cable Systems and providing Cable Services or related or similar services, including a statement identifying, by place and date, any other cable television licenses or franchises awarded to the proposed transferee, its parent, subsidiaries, or Affiliates in the State of Florida. (c) Upon written request from the City and if such pro fonna financial plan has been prepared, a detailed pro fonna financial plan describing for each remaining year of the Franchise, the projected number of Subscribers, rates, all revenues, operating expenses, capital expenditures, depreciation schedules, income statements, and statement of sources and uses of funds. Where the transfer is part of a larger transaction and such infonnation is not C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 26 prepared for the single Cable System in the City, the proposed transferee may provide such infonnation on a consolidated basis including the Cable System in the City, but shall provide infonnation on the size of the City System, in tenns of number of Subscribers, relative to the transaction, so that pro rata estimates may be made. (d) If applicable, a detailed description of the proposed plan of operation of the proposed transferee, which shall include, but not be limited to the following: 1. A detailed map indicating all new areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the new areas to be served. 11. For infonnational purposes a statement or schedule setting forth all anticipated changes, if any, to the proposed classifications of Subscriber rates and charges for each of any said classifications, including installation charges, service charges, special, extraordinary, or other charges. 4. Upon request, the tenns and conditions of the agreement between the transferor and proposed transferee relating to the operation of the Cable System in the City. 5. A statement of acceptance signed by a duly authorized officer of the proposed transferee, if such transferee will be the holder of the Franchise, of all of the tenns and conditions of the Ordinance and this Agreement. If such transferee is not the holder of the Franchise, such transferee will sign a guarantee of compliance by the Franchisee with this Agreement. 6. A statement of acceptance of all liabilities arising under the existing Franchise whether known or unknown. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 27 7. A plan of compliance and guarantee to cure any outstanding violations of the Ordinance and this Agreement. B. The names, business addresses, state of residence and country of citizenship of all general partners and/or corporate officers and directors of the proposed transferee. C. The names, business addresses, state of residence and country of citizenship of all persons and entities having, controlling, or being entitled to have or control ten percent (10%) or more of the ownership of the proposed transferee and the respective ownership share of each such person or entity. Section 33. Dispute Resolution Procedures. A. Except as provided in Subsection B below, any disputes between the City and Franchisee under this Agreement shall be handled in accordance with Sections 93.19 (t) and (u), 93.25 and 93.26 of the Ordinance. B. Either party may seek mediation and the party seeking mediation shall provide written notice to the other party. If both parties consent to mediation, the mediator, who shall have expertise in cable-related matters, shall be selected by agreement between the parties. 1. The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. 2. The mediation will be treated as settlement discussions and confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 28 3. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. Section 34. Renewal of Agreement. The provisions of Section 626 of the Communications Act and Section 93.23 of the Ordinance shall govern any and all proceedings to renew this Agreement. In the event of a conflict between the Communications Act and the Ordinance, the Communications Act shall control. If either Franchisee or the City decides to initiate a fonnal renewal process in accordance with Section 626(a)-(g) of the Communications Act, 47 U.S.C. § 546(a)-(g), both the Franchisee and the City must comply with each of the requirements in the Communications Act as well as the additional requirements set forth in the Ordinance. Section 3S. Rates. A. Nothing in the Ordinance or this Agreement shall prohibit the City from regulating rates for Cable Service, installation, disconnection, and equipment to the full extent pennitted by and consistent with state and federal law . B. Pursuant to the Ordinance, Franchisee shall not unlawfully discriminate with respect to Cable Service rates that it charges throughout the City, as defined by applicable law. Section 36. Enforcement Remedies. A. In addition to any other remedies available at law or equity, except as otherwise specifically provided in the Ordinance and Section 33 of this Agreement, the City may impose fines for any violation of the Ordinance, or this Agreement, and/or other remedies as follows: 1. For failure to provide data, documents, reports or infonnation as required by this Agreement in a timely manner or as requested by the City consistent with FCC rules and C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 29 regulations, Franchisee shall pay fifty dollars ($50.00) per violation for each day the violation continues. 2. Unless otherwise provided herein or in the Ordinance, for all other violations of this Agreement or the Ordinance, except those violations of the customer service standards set forth in Section 93.19 of the Ordinance that are measured on a quarterly basis, the fines shall be one hundred dollars ($100.00) per violation for each day the violation continues for thirty (30) days. If the violation continues beyond thirty (30) days, a fine in the amount of two hundred dollars ($200.00) per violation per day shall be imposed. If the violation continues beyond sixty (60) days, a fine shall be imposed in the greater of the amount set forth in the Ordinance or two hundred dollars ($200.00) per violation per day. B. A violation will be deemed to have occurred when the City provides written notice to Franchisee of the violation in accordance with the procedures set forth in the Ordinance and this Agreement. In addition to any other remedies available at law or equity, except as otherwise specifically provided in this Agreement, the City may impose fines for any violation of the Ordinance, or this Agreement, and/or other remedies, pursuant to Section 93.25 of the Ordinance. C. This Franchise is subject to revocation pursuant to Section 93.26 of the Ordinance for any of the reasons set forth therein. In the event the City exercises its right to revoke the Franchise, the procedures set forth in the Ordinance shall apply. After exhaustion of all such proceedings, Franchisee shall have the right to appeal the decision of the City Commission to a court of competent jurisdiction in Palm Beach County, Florida. D. The Franchisee shall not be held in default under, or in noncompliance with the provisions of the Agreement or the Ordinance, nor suffer any enforcement or penalty relating to C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 30 noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the Franchisee to anticipate or control. Section 37. Area Wide-Interconnection. A. The Cable System shall be interconnected with other contiguous area cable systems that are owned and operated by Franchisee or an Affiliate. B. Franchisee shall use its best efforts to interconnect the PEG Access Channels of the Cable System with any other contiguous cable system not owned or operated by Franchisee or an Affiliate of Franchisee upon the directive of the City and in accordance with Section 93.14 of the Ordinance. Interconnection of channels may be done by direct cable connection, microwave link, satellite or other appropriate methods. Each individual operator of such systems shall pay for its own cost of constructing and maintaining the interconnection up to the demarcation point. Such interconnection shall not increase the total number of PEG Access Channels required under Section 16 of this Agreement. C. Subject to subsections A and B above, Franchisee shall make all reasonable efforts to cooperate with any designated access organization, interconnection corporation, regional interconnection authority or City, County, state or federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the Franchise Area. Section 38. Validity. A. By execution of this Agreement, the City and the Franchisee each represents and warrants to the other its respective authority and power to enter into this Agreement. The City and the Franchisee each represents, warrants and covenants to the other that the undersigned C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 31 elected official (as to the City) or officer (as to the Franchisee) has been duly authorized to execute this Agreement such that this Agreement has been validly entered into by the respective party, and that this Agreement constitutes a legal, valid and binding contract enforceable against the respective party in accordance with the tenns hereof. B. If any part, section, subsection, or other portion of this Agreement or any application thereof to any Person or circumstance is declared void, unconditional or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Agreement, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. Section 39. Written Notice of Acceptance. Upon adoption and as of the date of the Commission resolution approving this Agreement, Franchisee shall provide to the City written acceptance of all the tenns and conditions of this Agreement. Franchisee's failure to comply in full with this section shall render this Agreement null and void with no further action by the City, unless the City Manager agrees in writing or the Commission takes action to extend such period. Section 40. Notice. Any notice, request, demand, approval or consent given or required to be given under this Agreement shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail (return receipt requested), postage prepaid, to the other parties at the addresses stated below or at the last changed address given by the party to be notified as hereinafter specified: (a) If to Adelphia: Adelphia Cable Communications 1100 Northpoint Parkway, Suite 100 C:\Documents and Settings\kucmerowsk\Local Settings\Temporary Internet Files\OLK40C\Delrayftanchise.2.28.clean.doc 32 Delray Beach, FL 33407 Attention: Regional Vice President, Law and Public Policy With a copy to: Adelphia Communications 5619 DTC Parkway Greenwood Village, CO 80111 Attention: Vice President, Law and Public Policy (b) If to City: City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Attention: City Manager With a copy to: City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Attention: City Attorney Section 41. Entire Agreement. This Agreement and the Ordinance, to the extent set forth in this Agreement, set forth the entire agreement between the parties respecting the subject matter hereof. All agreements, covenants, representations and warranties, express and implied, oral and written, of the parties with regard to the subject matter hereof are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to another with respect to the matters of this Agreement. All prior and contemporaneous conversations, negotiations, agreements, representations, perfonnances, covenants and warranties with respect to the subject matter hereof are waived and are superseded hereby and thereby. 33 Section 42. Execution in Counterpart. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have executed or caused this agreement to be duly executed as of the day and year first above written. CITY OF DELRA Y BEACH, FLORIDA By: Name Title Attest: City Clerk Date filed with City Clerk: Agreed to and accepted by Franchisees: Adelphia Cable Partners, L.P. a Florida limited partnership d/b/a Adelphia Cable Communications By: ACC Operations, Inc. a Delaware corporation Its: General Partner's Managing Member's Managing Member's General Partner By: Joe W. Bagan Its: Senior Vice President of Operations Date: 34 National Cable Acquisition Associates, L.P., a Delaware limited partnership d/b/a Adelphia Cable Communications By: ACC Operations, Inc. a Delaware corporation Its: General Partner's General Partner By: Joe W. Bagan Its: Senior Vice President of Operations Date: Witnesses: 35 [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE ... rq¡1! ~ ,. 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM 1993 DATE: February 25, 2005 TO: City Commission David Harden, City Manager Q...-. ~- FROM: Brian Shutt, Assistant City Attorney SUBJECT: Cable Franchise Aareement with Adelphia The attached agreement will renew the City's cable franchise with Adelphia for a 10 year period. Some of the highlights of the agreement are as follows: - Adelphia will provide a $200,000.00 performance bond to insure performance of the agreement - Adelphia will provide a construction bond in the event significant work will be performed in the right-of-way - Minimum requirements regarding technology - Access Capital grant in the amount of $87, 500 per year - Service shall be provided free of charge to public buildings and schools if they are within 125 feet of an existing Adelphia cable - Provisions setting forth minimum customer service requirements - Ability of the City to impose fines for violations of this Agreement lIa Feld, Esq., the City's outside cable counsel will be present at the March 1 Commission meeting to discuss the terms and conditions of the franchise agreement with the Commission. Our office requests that this item be placed on the March 1, 2005 City Commission agenda. Please call if you have any questions. Attachment Chevelle Nubin, City Clerk Joe Safford, Finance Director \06 FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT ("Agreement") is made this _ day of , 2005, by and between the CITY OF DELRA Y BEACH (the "City") and Adelphia Cable Partners, LP and National Cable Acquisition Associates, LP, subsidiaries of Adelphia Communications Corp. ("Adelphia" or "Franchisee") ; WHEREAS, pursuant to the Cable Communications Policy Act of 1984, as amended, 47 V.S.C. §521 ("Communications Act"), the City may grant or renew a Franchise to construct, operate and maintain a Cable Television System; and WHEREAS, the City is authorized to regulate the construction, installation, operation and maintenance of Cable Television Systems pursuant to federal, state and local law; and WHEREAS, on _, the Commission adopted Ordinance No. _ entitled "Cable Television" to update the terms and conditions for the operation of Cable Systems and the application, procedures and requirements relating to the grant of Franchises for the construction, installation, operation and maintenance of Cable Systems' equipment and facilities in the City's public rights-of-way (the "Ordinance"); and WHEREAS, Franchisee's existing Franchise granted by the City expired on July 22, 2004; and WHEREAS, Adelphia desires to renew its Franchise to construct, install, maintain, and operate a Cable System in the City and has applied to the City for a renewal of such Franchise; and WHEREAS, the construction, installation, maintenance, and operation of such a Cable System involves the use and occupation of the Streets of the City, over which the City exercises governmental control; and WHEREAS, the Commission has evaluated Adelphia's application in light of the requirements of federal and state law and the Ordinance; and WHEREAS, the Commission has considered all information presented to it by Adelphia, the City staff, the City's consultants, and the public; and WHEREAS, based on said information, the Commission has determined that a renewal of Adelphia's nonexclusive Franchise to construct, install, maintain and operate a Cable System in the City, subject to the terms and conditions set forth herein and in the Ordinance, is consistent with the public interest; and WHEREAS, the City and Adelphia have reached agreement on the terms and conditions of such a Franchise Agreement. NOW, THEREFORE, in consideration of the City's renewal of Adelphia's Franchise to own, construct, install, maintain and operate a Cable System within the City, and to use and occupy the Streets of the City for that purpose, and in consideration of Adelphia's promise to provide Cable Service to residents of the City pursuant to the Ordinance and under the terms and conditions set forth herein, and in consideration of the promises and undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Franchise is hereby granted and THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS: Section 1. Definitions. Except as otherwise provided specifically herein, the definitions in Chapter 93 of the City Code shall govern this Agreement. In addition, the following definitions shall apply: A. "Commercially Feasible" shall mean that level of technical performance, equipment, components and cable services (without reference to the content of the cable service) 2 which has been developed and demonstrated to be generally accepted and used in the cable industry, excluding (1) "tests" involving new products offered for one year or less, or (2) products that the Franchisee can demonstrate would not provide a rate of return comparable to other markets where such products are offered. Nothing herein shall be construed to require a Franchisee to employ any specific transmission technology or to carry any particular . . programmIng servIces. B. "Effective Date" shall mean the date upon which this Agreement commences, as provided in Section 3 hereof. C. "Franchisee" or "Adelphia" shall mean Adelphia Communications Corp. ("Adelphia"), and its lawful and permitted successors, assigns and transferees pursuant to Sections 32 and 33 of this Agreement and the Ordinance. D. "Franchise Area" shall mean the entire territory within the corporate limits of the City and as those limits may change from time to time through annexation or contraction during the term of this Agreement. E. "Ordinance" shall mean Chapter 93 of the Code of the City of Delray Beach, Florida, as such existed on the Effective Date of this Agreement. Section 2. Grant of Franchise. Subject to the terms of this Agreement and the Ordinance, the City hereby grants Franchisee a Franchise for the non-exclusive right and privilege to own, construct, install, maintain and operate a Cable System within the Franchise Area. Section 3. Term of Agreement. 3 A. The Agreement shall commence upon the date that the Ordinance approving this Agreement is adopted by the City Commission (the "Effective Date"), provided that the Franchisee has provided to the City within ten (10) days of the Effective Date the written acceptance required by Section 40 herein, the proof of insurance required by Section 8 herein, and any and all payments due as of the Effective Date pursuant to this Agreement and the Ordinance. Franchisee shall provide to the City the security fund as required in Section 10 herein within fifteen (15) days following such adoption. Failure to provide the written acceptance, the proof of insurance, the security fund and the payments as required herein may result in a denial or delay of the grant. B. This Agreement shall be for a period often (10) years commencing from the Effective Date and shall terminate [February _,2015], unless otherwise sooner terminated or otherwise extended in accordance with the terms of this Agreement and the Ordinance. Section 4. Non-Exclusive Franchise. The Franchisee's right to use and occupy the Streets and rights-of-way shall be non- exclusive pursuant to Section 93.05 of the Ordinance. The City reserves the right to grant a similar or other use of said Streets, or any portions thereof, to any person, including the City, at any time during the term of this Agreement consistent with Florida Statute 166.046 as in effect on the date hereof. Section 5. Agreement Subject to Communications Act, State Law and City Code. 4 A. This Agreement is subject to and shall be governed by all tenns, conditions and provisions of the Communications Act, any amendments thereto, and any other applicable provision of federal, state or local law of general applicability, existing or hereafter adopted. B. This Agreement is subject to and shall be governed by all tenns, conditions and provisions of the Ordinance, as it existed on the Effective Date of this Agreement. C. Franchisee hereby accepts all tenns and conditions of the Ordinance as they exist on the Effective Date of this Agreement. D. In the event of a conflict between this Agreement and the Ordinance, this Agreement shall control as provided herein. Section 6. Franchisee Subject to Other Laws, Police Power. A. Franchisee is subject to and agrees to comply with all generally applicable local, City, state and federal laws, ordinances, rules, regulations and orders, existing or hereafter lawfully adopted. The City and the Franchisee agree to comply with all applicable Florida Statutes. B. The Franchisee shall at all times be subject to all lawful exercise of the police power of the City, and this Agreement is not intended to limit or expand the City's exercise of such power in any way. C. The parties expressly acknowledge that the Franchisee's obligations under this Agreement may not be unilaterally altered, whether by resolution, proclamation, or amendment of the Ordinance unless otherwise stated herein or expressly pennitted by applicable federal or state law. Section 7. Reservation of Rights. 5 A. The Franchisee is subject to and agrees to comply with all applicable federal, state and local law of general applicability subject to Section 6(c) above. B. The City reserves the right to acquire, purchase, own and/or operate a Cable System to the extent permitted by applicable state and federal law. Section 8. Insurance. A. Franchisee shall obtain and maintain insurance of the types and minimum amounts required in Section 93.11 of the Ordinance in such a manner as to comply with each and every requirement of that section. B. The Franchisee shall provide proof to the City of compliance with this section as of the effective date of this Franchise, or as otherwise agreed to in writing by the City Manager or his designee. Should Franchisee fail to provide the City with proof of insurance as required herein, Franchisee shall be subject to fines and other enforcement remedies, including but not limited to revocation pursuant to the procedures set forth in Section 93.26 of the Ordinance. C. In the event of any request for modifications or transfers of the Franchise, Franchisee shall provide proof to the City of compliance with this Section no later than thirty days (30) after the effective date the relevant transaction is completed. Should Franchisee fail to provide the City with proof of insurance as required in this Subsection (C), Franchisee shall be subject to fines and other remedies, including a resolution denying the transaction or revoking any prior conditional approval requested by the Franchisee, pursuant to Section 93.09 of the Ordinance. 6 D. All certificates of insurance shall be filed and maintained with the City Manager. The certificates of insurance filed pursuant to this subsection must contain a statement that the City shall receive at least thirty (30) days advance written notice of any cancellation of insurance. Section 9. Indemnification of the City. Franchisee shall, at its sole cost and expense, indemnify, hold hannless, and defend the City, its elected or appointed officials, employees, committees and boards, in accordance with Section 93.11 of the Ordinance. The City agrees to notify Franchisee, in writing, within twenty (20) days of the City receiving notice of any issue that may require indemnification pursuant to Section 93.11. To the extent Section 93.11 requires the consent of the City Attorney, such consent shall not be unreasonably withheld. Section 10. Security Fund. A. In compliance with Section 93.12 of the Ordinance, Franchisee shall provide to the City a performance bond in the amount of two hundred thousand dollars ($200,000) to ensure the faithful performance of all provisions of this Agreement, the Ordinance, and all applicable local, state and federal law. The bond shall be in a form and with a surety reasonably acceptable to the City's Risk Manager. B. If thirty (30) calendar days after written notice from the City Franchisee fails to pay to the City any fees or taxes due and unpaid, or any liquidated damages owed pursuant to the Ordinance, or this Agreement, damages, costs or expenses that the City has incurred by reason of any act, omission or default of Franchisee in connection with this Agreement or the Ordinance, the City may apply to the surety for withdrawal of that amount, plus interest and any costs. Upon such withdrawal or claim, the City shall notify Franchisee in writing of the amount and date of 7 the withdrawal at least ten (10) business days prior to a withdrawal. Any action by the City Manager or designee to draw upon the performance bond hereunder may be appealed to the City Commission for hearing and determination, subject to the terms set forth in the Ordinance. C. The rights reserved to the City under this section are in addition to all other rights of the City, whether reserved in this Agreement or the Ordinance or authorized by other law, and no action, proceeding or exercise of a right with respect to the performance bond will affect any other right the City may have. Section 11. Construction Bond. In compliance with Section 93.13 of the Ordinance, prior to any significant Cable System construction, upgrade, rebuild or other significant work in the Streets of the City, Franchisee shall post a construction bond in favor of the City hereof in the amount of fifty percent (50%) of the cost of such construction or two hundred fifty thousand dollars ($250,000), whichever is less. Such bond shall be subject to the approval of the City's Risk Manager, such approval to be not unreasonably withheld. The City shall be provided with thirty (30) days prior notice of intent to cancel or not renew the bond. The bond shall be maintained until such construction is completed and activated and for a period of twelve (12) months thereafter. Franchisee shall notify the City Manager in writing when it believes the construction has been completed and the date on which it believes the bond may be eliminated pursuant to this Section 11. Unless the City reasonably determines that construction is not complete or there exists a potential claim or demand against the Bond, the City agrees to return the bond to the Franchisee or to sign such documents as are required to release the bond. Section 12. Use of Streets; Use of City Private Property. 8 A. Franchisee agrees at all times to comply with and abide by all generally applicable and lawful provisions of the City Code, the Ordinance, this Agreement, and applicable state, local and federal law with respect to use of the Streets B. As required by the City, and upon receipt of written notice, Franchisee shall remove, relocate, replace or modify, at its own expense to the extent other Persons with facilities in the Streets are so required (except as otherwise required by applicable law) its facilities within any public Streets as set forth in the Ordinance, provided, however, that should the City require such removal, relocation, replacement or modification in order to construct and install its own competitive Cable System, then the City shall pay the expense. If funds are available to any similarly situated Person using the Streets for the purpose of defraying the cost of any of the foregoing, the City shall reimburse or cooperate with the Franchisee in the same manner in which other similarly situated Persons affected by the requirement are reimbursed, as set forth herein and as provided by state or federal law. If funds are available for the purpose of defraying the above costs by federal or state law, the City shall cooperate in assisting Franchisee in obtaining such funds. If funds are available for the purpose of defraying the above costs under local law, Franchisee shall be entitled to reimbursement if such local law includes cable operators in the reimbursement. If the funds are controlled by another governmental entity, the City shall make application for such funds on behalf of the Franchisee if, as a matter of law or regulation, Franchisee is not pennitted to apply on its own behalf. C. In cases of new construction or property development where utilities are to be placed underground, the City agrees to require as a condition of issuing a pennit for open trenching to any developer or property owner that such developer or property owner give 9 Franchisee at least thirty (30) days prior notice of such construction or development, and of the particular dates on which open trenching will be available for Franchisee's installation of conduit, pedestals and/or vaults, and laterals to be provided at Franchisee's expense. Franchisee shall also provide specifications as needed for trenching. Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that if Franchisee fails to install its conduit, pedestals and/or vaults, and laterals within five (5) working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the five-day period, the cost of new trenching is to be borne by Franchisee. Section 13. Minimum Facilities & Services. A. As of the Effective Date hereof, the relevant Cable System will, at minimum, pass frequencies of at least 750 MHz and will be fully operational throughout the entire City. B. As of the Effective Date, the Franchisee shall provide to the City a complete set of strand System maps and such reasonable documentation as may be required by the City. C. Maintain upstream Video Channel capacity through return lines from City Hall to the Franchisee's headend and in the amount necessary to satisfy the PEG Access Channel requirements set forth in Section 93.16 of the Ordinance and Section 16 hereof. D. Franchisee's Cable System shall transmit to Subscribers any stereo signals and any other form of advanced television signals, including but not limited to high-definition televisions (to the extent that Franchisee has the obligation to do so pursuant to federal must- carry rules or the requisite authority pursuant to a valid retransmission consent agreement with 10 the applicable broadcast station) received and carried by the Cable System pursuant to applicable federal law . E. Franchise shall fully comply with all applicable laws concerning handicapped or disabled persons. Section 14. Technological Improvements to System. A. Throughout the term of this Agreement, compliance with this Section 14 shall be deemed compliance by the Franchisee with Section 93.14 of the Ordinance. B. State-of-the-Art. 1. Within thirty (30) days after the Fifth Anniversary of the effective date of this Agreement, the Franchisee shall submit a written report to the City in a form reasonably satisfactory to the City Manager, that discusses the Cable System capacity and Cable Services offered on any of the most recently constructed or upgraded Cable Systems owned and operated by the Franchisee, its parent or Affiliates in Palm Beach County, Florida. The purpose of this report is to discuss the status of the Cable System in relation to State-of-the-Art. 2. During the term of this Franchise, Franchisee may agree to make such technically and Commercially Feasible improvements to its Cable System as may be requested by the City. If Franchisee believes that a particular improvement requested by the City is not Commercially Feasible for any reason, it will, upon written request, provide information to the City supporting its position. If the City and Franchisee disagree as to the Commercial Feasibility of a particular improvement, the City may provide notice stating that it believes that such an improvement is appropriate and may consider Franchisee's response during renewal. 11 (a) The City may, by written notice, require the Franchisee to provide the functional equivalent of such Cable System capacity or Cable Services that are not then available on the Cable System in the City but are available within Palm Beach County. Nothing herein shall be construed to require the Franchisee to employ any specific transmission technology or to carry any particular programming service. (b) Upon receipt of such notice, the Franchisee shall implement the same or functional equivalent of such Cable System capacity or Cable Services within twelve (12) months of receipt of notice, or as otherwise agreed to by the City and the Franchisee. The City agrees to provide an extension of such twelve (12) month period upon written request of the Franchisee for good cause shown, including, but not limited to Force Majeure. 3. Franchisee's failure to upgrade the Cable System pursuant to this section shall result in imposition of fines to be paid by the Franchisee to the City in the amount of not less than one thousand dollars ($1,000) per violation, per day, or part thereof that the violation continues after following the procedures set forth in Section 93.25 of the Ordinance and shall be considered in any renewal proceedings. C. For any subsequent upgrade or rebuild of the Cable System, Franchisee shall submit to the City a schedule of its planned cable routing, work areas and pedestal/power supply locations during the upgrade or rebuild construction process in accordance with the City's generally applicable requirements. D. During any further construction, Franchisee shall provide monthly written updates and, upon request of the City Manager or designee, meet with the City monthly, or as otherwise agreed to between the City and Franchisee, to review the progress of the construction of the 12 Cable System and to coordinate, as may be necessary, to minimize disruption of the rights-of- way in the City while attempting to avoid delay in the Cable System construction schedule. E. Franchisee agrees to provide reasonable notice to all Subscribers of any Cable System upgrade or rebuild and the timing of such through the use of door hangers, direct mail, and over the Cable System prior to the initiation of and during construction. Section 15. Institutional Network. The Franchisee shall provide Institutional Network services to the City in accordance with the tenns of a separate agreement between the parties. Section 16. Access Channels and Facilities. A. Access Channel Capacity. Upon ninety (90) days written notice, Franchisee shall provide to the City at least one (1) and a maximum of three (3) activated downstream Access Channels in accordance with this section and at least one (1) return line and a maximum of two (2) return lines on the Cable System for the exclusive use of the City which the City shall use, in whole or in part, for video and audio services for non-commercial educational and/or governmental access use: 1. Upon written request of the City, Franchisee shall provide to the City one (1) full-time Access Channel ("First Access Channel") to the City within ninety (90) days of the date of the request. Franchisee shall deliver to the City a second channel for the City's exclusive use ("Second Access Channel") if, at any time, the First Access Channel is programmed at least ten (10) hours per day between 8:00 a.m. to 12:00 a.m. for a period of six (6) consecutive weeks with non-character generated, non-duplicative, non-commercial programming (the acknowledgement of underwriters and sponsorships shall be considered non-commercial). The 13 Franchisee shall provide the exclusive use of the Second Access Channel within six (6) months of receipt of a written request from the City that will include detailed documentation evidencing the fact that the usage of the First Access Channel has met the criteria set forth above. The Second Access Channel may, at the City's option, be activated from City Hall, or from such other location within the City as specified by the City. Franchisee shall deliver to the City a third channel for the City's exclusive use ("Third Access Channel") if, at any time, the First and Second Access Channels are programmed at least ten (10) hours per day between 8:00 a.m. to 12:00 a.m. for a period of six (6) consecutive weeks with non-character generated, non- duplicative, non-commercial programming. The Franchisee shall provide the exclusive use of the Third Access Channel within six (6) months of receipt of a written request from the City that will include detailed documentation evidencing the fact that the usage of the First and Second Access Channels have met the criteria set forth above. 2. The City may elect to carry County or other municipal or educational programming in all or in part on City Access Channels and such programming shall be included as usage under Subsection 1 above as long as such programming is not duplicative of County programming carried on an entire County Channel that is delivered to Subscribers within the City. At no time shall Franchisee be obligated to carry more than a total of three (3) Access Channels. In accordance with federal law and Section 93.16 of the Ordinance, Franchisee will be entitled to use any PEG Access Channel capacity for the provision of other services at any time such channel capacity is not being used for PEG access purposes or is not meeting the usage requirements as provided in this Agreement. 3. Upon 90 day's prior written notice from the City, Franchisee shall cablecast 14 live all City Commission Meetings over the Cable System. 4. The Franchisee shall not be responsible for the operation, management and administration of PEG Access, or for providing programming or technical support thereto, except as otherwise provided in this section. 5. Franchisee's Cable System shall be configured so that any programming delivered to the Cable System on any return line required hereunder may be delivered downstream on the Cable System on any of the activated downstream Access Channels to all Subscribers hereof, as determined and directed by the City from the access facilities and equipment located at City Hall, or from such other location within the City designated by the City, for a total of two return lines. 6. Franchisee shall provide all necessary headend and Cable System electronic and distribution equipment so that any programming transmitted from City Hall and such other origination location designated by the City in accordance with this Agreement may be transmitted to all Subscribers on any of the Access Channels provided pursuant to this Section hereof. City Hall and the other origination location designated pursuant to Section 16(a) hereof will be linked to the headend by the most technically feasible and cost-effective means, as reasonably approved by the City. 7. Franchisee agrees that all Access Channels will be provided to Subscribers on the Cable System as a part of the lowest tier of Cable Service and that, if programming information is supplied to Franchisee by the City in writing, Franchisee will use its best efforts to publicize such programming on the Access Channels as a part of any ordinary printed program listings it creates and provides to Subscribers. 15 8. Franchisee agrees that any and all Access Channels provided pursuant to this Section 16 shall be provided on the same channel location to all Subscribers in the City. If Franchisee elects to change the channel location of any City Access Channel, Franchisee shall provide no less than ninety (90) days notice to the City and thirty (30) days notice to Subscribers prior to the change and shall advertise any such change consistent with FCC notice requirements. 9. Failure on the part of the Franchisee to provide the PEG channels required by Section 16(A) of this Agreement may result in the imposition of liquidated damages in the amount of one thousand dollars ($1,000) per day per violation after following the procedures set forth in Section 93.25 of the Ordinance. B. Access Capital Grant 1. Consistent with applicable federal law, the Franchisee shall pay the City a capital grant for PEG equipment, facilities and other capital requirements in the amount of Eighty Seven Thousand Five Hundred Dollars ($87,500) per year during each year the franchise is in effect. 2. The City acknowledges that under FCC rules, the Capital Grant may be passed through to Subscribers. Franchisee agrees that if the Capital Grant is passed through to Subscribers, such pass through shall apply to all Subscribers, including those Subscribers who receive Cable Service pursuant to bulk agreements, on an equitable basis. 3. Franchisee hereby agrees that the Capital Grant provided by Franchisee pursuant to this Section 16 constitutes capital costs which are required by the Agreement to be incurred by Franchisee for public, educational, or governmental access facilities within the meaning of Section 622(g)(2)(c) of the Communications Act, 47 V.S.C. §542(g)(2)(C); Such 16 grant shall not constitute a Franchise Fee or tax within the meaning of the Communications Act, state law, including but not limited to, the Florida Communications Services Tax, the Ordinance, or this Agreement as of the Effective Date of this Agreement. Section 17. Service to Public Buildings. A. Notwithstanding any other provision of the Ordinance, Franchisee shall provide one cable drop per location (including installation) without charge to each government building regardless of whether such facility is owned or leased in the Franchise Area that is listed in Exhibit A of this Agreement or any such building that is located within one hundred twenty-five (125) feet of Franchisee's coaxial distribution plant, whether now in existence or constructed during the term of this Agreement. Such service shall, at minimum, include the basic and expanded basic tiers, or the equivalent comprising the next level of programming service above the lowest tier of Cable Service. Service extensions beyond 125 feet shall be at the City's expense based upon Franchisee's actual costs. B. Failure on the part of the Franchisee to provide the cable drop and Cable Service required by Section 17(A) of this Agreement may result in the imposition of liquidated damages in the amount of five hundred dollars ($500) per day per violation after following the procedures set forth in Section 93.25 of the Ordinance. Section 18. Service to Schools. A. Notwithstanding any other provision of the Ordinance, Franchisee shall provide, without charge, one cable drop per location (including installation) and the basic and expanded basic tiers (or such equivalent comprising the next level of programming service above the lowest tier) of Cable Service to all accredited K-12 schools within the City that are located within 17 one hundred twenty-five (125) feet of Franchisee's coaxial distribution plant, whether now in existence or constructed during the term of this Agreement. Service extensions beyond 125 feet shall be at the respective school's expense based upon Franchisee's actual costs. B. Franchisee shall make arrangements for each school to receive school materials, to the extent available, for teachers that explain the educational applications of the Franchisee's Cable Services and programming offered on the Cable System. The materials will be provided to all connected schoo Is at no cost. C. Franchisee has established a voluntary initiative to provide, upon request, cable internet service to all State accredited K-12 schools within the City which receive Cable Service. Franchisee intends to provide each of such schools with one outlet of unlimited Internet access, including the necessary cable modem. D. The costs related to this Section 18 shall not be offset against Franchise Fees or taxes or passed through to Subscribers. Section 19. Commercial Leased Access. Franchisee shall provide commercial leased Access Channels as required by applicable law. Section 20. Emergency Use of Facilities. A. Franchisee shall at minimum comply with all FCC rules on emergency use of facilities. B. Franchisee shall provide standby power generating capacity to the Cable System headend capable of providing at least two (2) hours of emergency power. Section 21. Lock-out Devices. 18 Franchisee shall make available at reasonable charge to any residential Subscriber, upon the request of such Subscriber, a "parental guidance" or "lock-out" device which shall permit the Subscriber, at his or her option, to eliminate the audio and visual transmissions from any channel reception to the extent technically feasible. Section 22. Line Extension Policy. Upon request and payment of all applicable charges, and provided that the requesting person gives Franchisee access to his/her premises in order to furnish, maintain and continue to offer Cable Service to that person, Franchisee shall, throughout the term of this Agreement, promptly furnish, maintain, and continue to provide all Cable Services distributed over the Cable System to any person at his/her place of residence at which Franchisee has the right to install equipment and located within the City where such residential location is not receiving Cable Service by any other franchised cable operator, provided that the number of actual residential dwelling units to be passed by any requested extension equals or exceeds twenty (20) homes per mile as measured from the nearest activated point on the Cable System to the furthest location to be served by the requested extension. Section 23. Cable Home Wiring Commitments. Franchisee shall comply with all FCC rules regarding cable home wiring, as amended from time to time. Section 24. Franchise Fee. A. As of the Effective Date hereof, the Florida Communications Services Tax Act preempts Section 93.17 of the Ordinance. If, however, the Florida Communications Services Tax Law is amended or repealed so that a local franchising authority is allowed to impose and 19 collect Franchise fees, then forty five (45) days after the effective date of any such statutory amendment or repeal, this section of the Agreement will become effective or at such time as stated in said amendment or repeal of the Florida Communications Services Tax Law. Unless otherwise provided by law, Franchisee shall collect and remit Franchise fees for the entire period following the effective date of the aforementioned change in law, even if some collection and payment must be done in arrears to allow for changes to the billing process. The intent of this section is to ensure the City is not deprived of any Franchise fees to which it would otherwise be entitled following any change in applicable state law. 1. Franchisee shall pay the City a Franchise fee of five percent (5%) of Franchisee's Gross Revenues derived from the operation of the Cable System to provide Cable Services in the City. Franchise fee payments shall be paid on a quarterly basis (January 1, April 1, July 1 and October 1) no later than forty-five (45) days after the end of each quarter. Each payment shall be accompanied by a detailed report to the City showing the basis of the computation. 2. The City shall have the option of increasing the Franchise fee to the maximum permitted by law following a public hearing where both the Franchisee and public are allowed to comment on the impact of the higher fee, and a vote by the City Commission adopting a resolution to impose the higher fee. Such change shall take effect on the next available billing cycle in which the higher charge may be placed on Subscribers' bills. 3. Upon reasonable prior written notice, during Normal Business Hours, as defined in the Ordinance, at Franchisee's principal business office in Palm Beach County, the City shall have the right to inspect the Franchisee's financial records used to calculate the 20 Franchisee fees; provided, however, such actual fees are subject to the applicable statute of limitations. 4. Upon completion of any such inspection by the City, the City shall provide to the Franchisee a final report setting forth the City's findings in detail, including any and all substantiating documentation. The Franchisee shall have thirty (30) days from the receipt of the report to provide the City with a written response, including any substantiating documentation. Any "Finally Settled Amount( s)" due to the City as a result of such inspection shall be paid to the City by the Franchisee within thirty (30) days from receipt of written notice of the acceptance of such Finally Settled Amount from the City. For purposes of this section, the tenn "Finally Settled Amount( s)" shall mean the agreed upon underpayment, if any, to the City by the Franchisee as a result of such inspection. If the parties cannot agree on a "Finally Settled Amount", the parties shall submit the dispute to a mutually agreed upon mediator within sixty (60) days of reaching an impasse. In the event an agreement is not reached at mediation, either party may bring an action to have the disputed amount detennined by a court of law. Once the parties agree upon a Finally Settled Amount and such amount is paid by the Franchisee, the City shall have no further rights to audit or challenge the payment for that period unless otherwise provided by applicable law. B. Unless otherwise mandated by applicable law, Franchisee expressly agrees that: (i) the Franchise fee payments to be made pursuant to this section shall not be deemed to be in the nature of a tax; (ii) such Franchise fee payments shall be in addition to any and all taxes of a general applicability and not applicable solely to cable television operations within the City or other fees or charges which Franchisee shall be required to pay to the City or to any state or 21 federal agency or authority, as required herein or by law, all of which shall be separate and distinct obligations of Franchisee; (iii) Franchisee shall not have or make any claim for any deduction or other credit of all or any part of the amount of said Franchise fee payments from or against any of said City taxes or other fees or charges of general applicability which Franchisee is required to pay to the City, except as agreed herein or required by law; (iv) Franchisee shall not apply nor seek to apply all or any part of the amount of said Franchise fee payments as a deduction or other credit from or against any of said City taxes or other fees or charges of general applicability, each of which shall be deemed to be separate and distinct obligations of Franchisee; (v) Franchisee shall not apply or seek to apply all or any part of the amount of any of said taxes or other fees or charges of general applicability as a deduction or other credit from or against any of its Franchise fee obligations, each of which shall be deemed to be separate and distinct obligations of Franchisee. Section 25. Reports and Records. Upon reasonable prior written request of the City Manager or his/her designee, Franchisee shall furnish the City with all of the information as required under Section 93.18 of the Ordinance, except those reports required by Section 93.18 (a)(4) and (b)(2) (unless and until the Florida Simplified Communications Tax Act is properly amended or repealed). Franchisee hereby expressly agrees to implement and maintain such practices and procedures as may be necessary to comply with said obligations. Section 26. Right to Inspect Financial Records and Facilities. A. Franchisee shall maintain a complete set of books and records, including plans, contracts, engineering, statistical, customer and service records at a location in Palm Beach 22 County, as required by the Ordinance, and accounting and financial records if the Florida Simplified Communications Tax Act is properly repealed, unless prohibited by applicable law. B. Throughout the term of this Agreement, the Franchisee agrees that upon receipt of advance written notice from the City, the Franchisee shall permit any duly authorized representative of the City to review such of the Franchisee's books and records regarding the operation of the Cable System and the provision of Cable Service in the City, as are reasonably necessary to monitor Franchisee's compliance with the provisions of the Ordinance and this Agreement at the Franchisee's business office in Palm Beach County, during Normal Business Hours and without unreasonably interfering with Franchisee's business operations. Such notice shall specifically reference the subsection of the Agreement that is under review so that the Franchisee may organize the necessary books and records for easy access by the City. Such books and records shall include, without limitation, any records required to be kept in a public file by the Franchisee pursuant to the rules and regulations of the FCC. The Franchisee shall not be required to maintain any books and records for Agreement compliance purposes longer than five (5) years, except for written service complaints, which shall be kept for three (3) years. C. The City shall accord all books and records that it inspects under this section the degree of confidentiality such books and records are entitled to under federal and state law. To the extent Franchisee considers any books or records that it is required to produce to be confidential or otherwise protected from public disclosure, Franchisee shall designate which documents it views as confidential and proprietary. D. Franchisee hereby agrees that the City shall have the right to inspect Franchisee's facilities and property during Franchisee's Normal Business Hours and upon reasonable notice. 23 Section 27. Customer Service Requirements. Franchisee agrees to comply with, and to implement and maintain any practices and procedures that may be required to monitor compliance with each of the customer service requirements set forth in Section 93.19 of the Ordinance, and as such requirements may be lawfully amended in accordance with the terms of the Ordinance or this Agreement. Section 28. Late Fees. Pursuant to Section 93.19 of the Ordinance, Franchisee hereby agrees that any late charge imposed on Subscribers for unpaid bills shall not exceed Five Dollars ($5.00). Such fee may be deemed to represent Franchisee's reasonable administrative costs. Section 29. City Purchase of Cable System. The City may, upon the recommendation of the City Manager and the approval of the Commission, acquire ownership of and operate Franchisee's Cable System in accordance with the Ordinance and applicable state and federal law. Section 30. Modification of Agreement. Franchisee shall file an Application with the City for any modification of this Agreement in accordance with the federal Communications Act and Section 93.08 of the Ordinance. Section 31. Transfer of Agreement. Franchisee shall file an Application to transfer or to change ownership or control of Franchisee or its Cable System in full compliance with Sections 93.08 and 93.24 of the Ordinance. No Transfer shall occur without prior approval of the City Commission, which approval shall not be unreasonably withheld. Franchisee shall be subject to liquidated damages in the amount of one thousand five hundred dollars ($1,500) per day for failure to receive such 24 consent of the City for a transfer or change of control; provided, however, that no such liquidated damages shall be owed if the City's denial of consent is unlawful or unreasonable. Section 32. Procedures for Requesting Approval of Transfer. In compliance with the requirements set forth in Sections 93.08 and 93.24 of the Ordinance, and subject to Section 31 above, the following procedures shall be followed by Franchisee in requesting the City's consent to a transfer, other than a pro forma transfer, of this Agreement or to transfer control of the Agreement or Franchisee. However, the requirement to obtain consent for a pro forma transfer shall not apply to transactions solely for the purpose of restructuring, recapitalization or refinancing which do not change the effective control of the Franchisee, as long as the Franchisee provides reasonable notice to the City of such transaction. A. At least one hundred twenty (120) calendar days prior to the contemplated effective date of a transfer, Franchisee shall submit to the City a completed Application for approval of the transfer. Such Application shall include the following: 1. A statement of the reason for the contemplated transfer. 2. The name, address and telephone number of the proposed transferee. 3. A detailed statement of the corporate or other business entity organization of the proposed transferee, including but not limited to the following: (a) A detailed and complete audited financial statement of the proposed transferee for the three (3) fiscal years immediately preceding the date of the request for transfer approval, prepared by a certified public accountant if audited statements were made, or a letter or other acceptable evidence in writing from a duly authorized officer of the proposed transferee setting forth a clear and accurate description of the amount and sources of funding for 25 the proposal transaction and its sufficiency to provide whatever capital and operating funds shall be required by the proposed transferee to construct, install, rebuild, maintain and operate the proposed Cable System in the City. If the corporate or business entity organization of the proposed transferee has not been in existence for a full three (3) years, the proposed transferee shall submit a certified financial statement for the period of its existence. (b) A description of all previous experience of the proposed transferee in operating Cable Systems and providing Cable Services or related or similar services, including a statement identifying, by place and date, any other cable television licenses or franchises awarded to the proposed transferee, its parent, subsidiaries, or Affiliates in the State of Florida. (c) Upon written request from the City and if such pro forma financial plan has been prepared, a detailed pro forma financial plan describing for each remaining year of the Franchise, the projected number of Subscribers, rates, all revenues, operating expenses, capital expenditures, depreciation schedules, income statements, and statement of sources and uses of funds. Where the transfer is part of a larger transaction and such information is not prepared for the single Cable System in the City, the proposed transferee may provide such information on a consolidated basis including the Cable System in the City, but shall provide information on the size of the City System, in terms of number of Subscribers, relative to the transaction, so that pro rata estimates may be made. (d) If applicable, a detailed description of the proposed plan of operation of the proposed transferee, which shall include, but not be limited to the following: 26 f ,. 1. A detailed map indicating all new areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the new areas to be served. 11. For informational purposes a statement or schedule setting forth all anticipated changes, if any, to the proposed classifications of Subscriber rates and charges for each of any said classifications, including installation charges, service charges, special, extraordinary, or other charges. 4. Upon request, the terms and conditions of the agreement between the transferor and proposed transferee relating to the operation of the Cable System in the City. 5. A statement of acceptance signed by a duly authorized officer of the proposed transferee, if such transferee will be the holder of the Franchise, of all of the terms and conditions of the Ordinance and this Agreement. If such transferee is not the holder of the Franchise, such transferee will sign a guarantee of compliance by the Franchisee with this Agreement. 6. A statement of acceptance of all liabilities arising under the existing Franchise whether known or unknown. 7. A plan of compliance and guarantee to cure any outstanding violations of the Ordinance and this Agreement. B. The names, business addresses, state of residence and country of citizenship of all general partners and/or corporate officers and directors of the proposed transferee. C. The names, business addresses, state of residence and country of citizenship of all persons and entities having, controlling, or being entitled to have or control ten percent (10%) or 27 , ,. more of the ownership of the proposed transferee and the respective ownership share of each such person or entity. Section 33. Dispute Resolution Procedures. A. Except as provided in Subsection B below, any disputes between the City and Franchisee under this Agreement shall be handled in accordance with Sections 93.19 (t) and (u), 93.25 and 93.26 of the Ordinance. B. Either party may seek mediation and the party seeking mediation shall provide written notice to the other party. If both parties consent to mediation, the mediator, who shall have expertise in cable-related matters, shall be selected by agreement between the parties. 1. The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. 2. The mediation will be treated as settlement discussions and confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. 3. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. Section 34. Renewal of Agreement. The provisions of Section 626 of the Communications Act and Section 93.23 of the Ordinance shall govern any and all proceedings to renew this Agreement. In the event of a conflict between the Communications Act and the Ordinance, the Communications Act shall control. If either Franchisee or the City decides to initiate a fonnal renewal process in 28 accordance with Section 626(a)-(g) of the Communications Act, 47 U.S.C. § 546(a)-(g), both the Franchisee and the City must comply with each of the requirements in the Communications Act as well as the additional requirements set forth in the Ordinance. Section 35. Rates. A. Nothing in the Ordinance or this Agreement shall prohibit the City from regulating rates for Cable Service, installation, disconnection, and equipment to the full extent pennitted by and consistent with state and federal law. B. Pursuant to the Ordinance, Franchisee shall not unlawfully discriminate with respect to Cable Service rates that it charges throughout the City, as defined by applicable law. Section 36. Enforcement Remedies. A. In addition to any other remedies available at law or equity, except as otherwise specifically provided in the Ordinance and Section 33 of this Agreement, the City may impose fines for any violation of the Ordinance, or this Agreement, and/or other remedies as follows: 1. For failure to provide data, documents, reports or infonnation as required by this Agreement in a timely manner or as requested by the City consistent with FCC rules and regulations, Franchisee shall pay fifty dollars ($50.00) per violation for each day the violation continues. 2. Unless otherwise provided herein or in the Ordinance, for all other violations of this Agreement or the Ordinance, except those violations of the customer service standards set forth in Section 93.19 of the Ordinance that are measured on a quarterly basis, the fines shall be one hundred dollars ($100.00) per violation for each day the violation continues for thirty (30) days. If the violation continues beyond thirty (30) days, a fine in the amount of two 29 hundred dollars ($200.00) per violation per day shall be imposed. If the violation continues beyond sixty (60) days, a fine shall be imposed in the greater of the amount set forth in the Ordinance or two hundred dollars ($200.00) per violation per day. B. A violation will be deemed to have occurred when the City provides written notice to Franchisee of the violation in accordance with the procedures set forth in the Ordinance and this Agreement. In addition to any other remedies available at law or equity, except as otherwise specifically provided in this Agreement, the City may impose fines for any violation of the Ordinance, or this Agreement, and/or other remedies, pursuant to Section 93.25 of the Ordinance. C. This Franchise is subject to revocation pursuant to Section 93.26 of the Ordinance for any of the reasons set forth therein. In the event the City exercises its right to revoke the Franchise, the procedures set forth in the Ordinance shall apply. After exhaustion of all such proceedings, Franchisee shall have the right to appeal the decision of the City Commission to a court of competent jurisdiction in Palm Beach County, Florida. D. The Franchisee shall not be held in default under, or in noncompliance with the provisions of the Agreement or the Ordinance, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the Franchisee to anticipate or control. Section 37. Area Wide-Interconnection. A. The Cable System shall be interconnected with other contiguous area cable systems that are owned and operated by Franchisee or an Affiliate. B. Franchisee shall use its best efforts to interconnect the PEG Access Channels of the Cable System with any other contiguous cable system not owned or operated by Franchisee or 30 · .. an Affiliate of Franchisee upon the directive of the City and in accordance with Section 93.14 of the Ordinance. Interconnection of channels may be done by direct cable connection, microwave link, satellite or other appropriate methods. Each individual operator of such systems shall pay for its own cost of constructing and maintaining the interconnection up to the demarcation point. Such interconnection shall not increase the total number of PEG Access Channels required under Section 16 of this Agreement. C. Subject to subsections A and B above, Franchisee shall make all reasonable efforts to cooperate with any designated access organization, interconnection corporation, regional interconnection authority or City, County, state or federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the Franchise Area. Section 38. Validity. A. By execution of this Agreement, the City and the Franchisee each represents and warrants to the other its respective authority and power to enter into this Agreement. The City and the Franchisee each represents, warrants and covenants to the other that the undersigned elected official (as to the City) or officer (as to the Franchisee) has been duly authorized to execute this Agreement such that this Agreement has been validly entered into by the respective party, and that this Agreement constitutes a legal, valid and binding contract enforceable against the respective party in accordance with the terms hereof. B. If any part, section, subsection, or other portion of this Agreement or any application thereof to any Person or circumstance is declared void, unconditional or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application thereof, 31 , t" .. shall be severable, and the remaining provisions of this Agreement, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. Section 39. Written Notice of Acceptance. Upon adoption and as of the date of the Commission resolution approving this Agreement, Franchisee shall provide to the City written acceptance of all the terms and conditions of this Agreement. Franchisee's failure to comply in full with this section shall render this Agreement null and void with no further action by the City, unless the City Manager agrees in writing or the Commission takes action to extend such period. Section 40. Notice. Any notice, request, demand, approval or consent given or required to be given under this Agreement shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail (return receipt requested), postage prepaid, to the other parties at the addresses stated below or at the last changed address given by the party to be notified as hereinafter specified: (a) If to Adelphia: Adelphia Cable Communications 1100 Northpoint Parkway, Suite 100 Delray Beach, FL 33407 Attention: Regional Vice President, Law and Public Policy With a copy to: Adelphia Communications 5619 DTC Parkway Greenwood Village, CO 80111 Attention: Vice President, Law and Public Policy (b) If to City: City of Delray Beach 32 · ... . 100 NW 1st Avenue Delray Beach, FL 33444 Attention: City Manager With a copy to: City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Attention: City Attorney Section 41. Entire Agreement. This Agreement and the Ordinance, to the extent set forth in this Agreement, set forth the entire agreement between the parties respecting the subject matter hereof. All agreements, covenants, representations and warranties, express and implied, oral and written, of the parties with regard to the subject matter hereof are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to another with respect to the matters of this Agreement. All prior and contemporaneous conversations, negotiations, agreements, representations, performances, covenants and warranties with respect to the subject matter hereof are waived and are superseded hereby and thereby. 33 .. r" .. Section 42. Execution in Counterpart. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have executed or caused this agreement to be duly executed as of the day and year first above written. DULY PASSED AND ENACTED ON SECOND READING by the City Council of the City of Delray Beach, Palm Beach County, Florida this _ day of , 2005. CITY OF DELRA Y BEACH, FLORIDA By: Presiding Officer Attest: City Clerk Date filed with City Clerk: Agreed to and accepted by Franchisees: Adelphia Cable Partners, L.P. a Florida limited partnership d/b/a Adelphia Cable Communications By: ACC Operations, Inc. a Delaware corporation Its: General Partner's Managing Member's Managing Member's General Partner By: Joe W. Bagan Its: Senior Vice President of Operations Date: National Cable Acquisition Associates, L.P., a Delaware limited partnership d/b/a Adelphia Cable Communications By: ACC Operations, Inc. 34 ... ,... .. a Delaware corporation Its: General Partner's General Partner By: Joe W. Bagan Its: Senior Vice President of Operations Date: Witnesses: 35 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER øv1 AGENDA ITEM # \ Q~ - REGULAR MEETING OF MARCH 1.. 2005 ORDINANCE NO.5-OS TO: SUBJECT: DATE: FEBRUARY 25, 2005 This ordinance is before Commission for second reading and public hearing for a City initiated amendment to Land Development Regulations (LDR) Section 6.3.3, "Sidewalk Café", to strengthen requirements to mitigate issues and concerns identified in the Clean and Safe Committee studies of the downtown area. The initial ordinance establishing Sidewalk Cafés was adopted by the Commission in 1990 as part of the City's Land Development Regulations (LDR). The ordinance was designed to permit and encourage the use of both public and private sidewalks located within the Central Business District for outside dining. With the renaissance and growth of downtown Delray Beach, the need to manage this amenity, while protecting the charm and pedestrian-friendly atmosphere of the downtown, has become increasingly more challenging. The Clean and Safe Committee recommended that the Sidewalk Café Ordinance be revised with applicable sections changed to strengthen requirements to mitigate the issues and concerns identified in their studies of the downtown area. The Planning and Zoning Board held a public hearing at its meeting of January 24, 2005. Several members of the public spoke on this issue. Most were supportive of the changes, but asked for clarification of the language. The Board voted 5-0 to recommend to the City Commission approval of the proposed amendment, based upon positive findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on February 15,2005, the City Commission passed Ordinance No. 5-05. Recommend approval of Ordinance No. 5-05 on second and final reading. S:\City Clerk\agenda memos\Ord.5-0S Sidewalk Cafes.03.01.0S CITY COMMISSION DOCUMENTATION Of( ~ I TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR OF COMMUNITY IMPROVEMENT Lf6 JANET MEEKS, EDUCATION COORDINATOR MEETING OF FEBRUARY 15, 2005 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 6.3.3 SIDEWALK CAFES BACKGROUND The initial ordinance establishing Sidewalk Cafés was adopted by the City Commission in 1990 as part of the City's Land Development Regulations (LOR's). The ordinance was designed to permit and encourage the use of both public and private sidewalks located within the Central Business District for outside dining. Most of the cafes have been established along the East Atlantic Avenue corridor. Downtown Delray has become very successful with an exciting and diverse mix of high-end restaurants growing from just a few sidewalk cafes in the early 1990's to 145 in January 2005. With the renaissance and growth of downtown Delray Beach, the need to manage this amenity, while protecting the charm and pedestrian-friendly atmosphere of the downtown, has become increasingly more challenging. The Clean and Safe Committee recommended that the Sidewalk Café Ordinance be revised with applicable sections changed to strengthen requirements to mitigate the issues and concerns identified in their studies of the downtown area. Additional background and a detailed analysis of the text amendment are provided in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS Plannina and Zonina Board: The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 24, 2005. Several members of the public spoke on this issue. Most were supportive of the changes, but asked for clarification of what the language meant. The Board voted 5-0, (Kincaide absent), to recommend that the City Commission approve the proposed amendment by adopting the findings of fact and law contained in the staff report. RECOMMENDED ACTION Move to approve the amendment to the Land Development Regulations, Section 6.3.3 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on March 1, 2005. Attachment: Planning & Zoning Board Staff Report of January 24, 2005 \aA OHRAY BEACH ~~~~~ ;¡¡m PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT OELRAY BEACH .... AlJ.AmørlcaCity , I III! 19'H 20U1 I 'J'JI 20U1 MEETING DATE: JANUARY 24, 2005 AGENDA ITEM: IV.B. - CITY-INITIATED LDR AMENDMENT TO SECTION 6.3.3 SIDEWALK CAFES. il ITEM BEFORE THE BOARD . .' -I The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations Section 6.3.3 Sidewalk Cafes, pursuant to LDR Section 2.4.5(M)(5). Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND I The initial ordinance establishing Sidewalk Cafés was adopted by City Commission in 1990 as part of the City's Land Development Regulations (LDR's). The ordinance was designed to permit and encourage the use of both public and private sidewalks located within the Central Business District for outside dining. Most of the cafes have been established along the East Atlantic Avenue corridor. Downtown Delray has become very successful with an exciting and diverse mix of high-end restaurants growing from just a few sidewalk cafes in the early 1990's to 145 in January 2005. With the renaissance and growth of downtown Delray Beach, the need to manage this amenity while protecting the charm and pedestrian-friendly atmosphere of the downtown has become increasing more challenging. The Clean & Safe Committee established by the Downtown Development Authority (DDA), was organized to address the cleanliness, maintenance standards and overall appearance of the area. The Committee consisted of business and property owners, and City staff from various departments, who met over the past 12 months and identified a number of concerns and undesirable conditions. Some of the major issues were related to sidewalk cafés as follows: · The surface of most of the sidewalks were dirty. The frequency of pressure cleaning was inadequate for the amount of traffic and services being provided. · Restaurant owners were routinely in violation of their liquor license requirements. · Encroachment of tables and chairs into the required 5' pedestrian pathway had become routine. · Sidewalk cafés were being established without City approval. · Expansion of café service areas beyond the approved boundaries was widespread. IV.B Planning and Zoning Board Staff Report LDR Amendment -Sidewalk Cafe Ordinance Page 2 . The public consumption and sale of alcoholic beverages in particular along the East Atlantic Avenue corridor was a growing concern Sidewalk Cafés are a highly desired amenity which have been a tremendous draw for customers into the downtown and an important revitalization tool. While there continues to be strong support to encourage outside dining within the CBD, the Committee recommended that the Sidewalk Café Ordinance be revised with applicable sections changed to strengthen requirements to mitigate the issues and concerns identified. The proposed changes were reviewed at staff level and the Clean & Safe committee. After some modifications five (5) local restaurant owners with sidewalk cafés were invited to a meeting at City Hall where the proposed changes were presented. The business owners were supportive of the changes and felt that they were reasonable and fair. However, they weren't sure if the fee should be based on the number of seats, tables or by square footage of the café area. Staff agreed to do some additional research and consideration of the most appropriate method of assessing the permit and annual renewal fee which is discussed below under the Analysis. ANAL YSIS ~.. . "I Fees: Currently the code requires a flat permit fee of $50 which is renewable each year for any size sidewalk café. Our research found that most Cities required additional parking for outdoor dining areas and a fee assessed on either a per seat or square foot basis for cafés established on the public right-of-way. Staff felt that it was too difficult to charge on a per seat or table basis as restaurants frequently change the seating arrangements based on the number of people being seated (2, 4 or 6 tops); that the number of tables may be increased during a special event or decreased during the summer months when business is slower. It was determined that the most equitable method of assessing the new fee is by square footage. The square footage for this purpose is inclusive of both the public and private sidewalk areas since the City does not require additional parking for the expanded service area. Staff is therefore recommending a $3 per square foot fee be assessed for each area applied for use as a sidewalk café, minus the 5' clear pedestrian path. The fee would be renewable each year. For example, a small ice cream shop with 100 square feet of sidewalk café area (accommodates 1-2 tables) assessed at $3 per square foot would be charged a permit fee of $300. A large restaurant with 560 square feet (which may accommodate up to 15 tables) would be charged a permit fee of $1,680. Planning and Zoning Board Staff Report LDR Amendment -Sidewalk Cafe Ordinance Page 3 Reaulations: Pedestrian Path and Barriers - New language is provided to clarify that the 5' pedestrian path must be clear of obstacles at all times and maintained parallel to the street. A sidewalk café shall not directly abut the on-street parking, if possible to avoid safety issues and conflicts between vehicles and tables. In addition, sidewalk cafés must be segregated from the pedestrian pathway with a barrier or demarcation of owner's choice. This would help to ensure that the 5' pathway is kept clear and the tables and chairs are being maintained within the approved area of the sidewalk café. Also a "No Table Zone" has been established at intersections to provide adequate space for pedestrians and access to the handicap ramps at the intersection. Signs - Menu board signs will be allowed as part of the sidewalk café permit that does not require additional approval from the Site Plan Review and Appearance Board or the Historic Preservation Board as applicable. These signs must be placed immediately in front of the business and within the permitted sidewalk café area. Portable signs shall be prohibited except as allowed under Grand Opening Portable Signs [LOR Section 4.6.7(E)(3)(d)]. Cleanliness - Language has been added to require the permittee to be responsible to clean the sidewalk surface at least once a week or more frequently if needed. Liability - A section has been added which provides for penalties and violations. The permittee will receive three warnings in which fines will be assessed. However, after the third violation notice, the sidewalk café permit will be terminated and cannot be renewed for six months. This is a very stiff penalty and should help with enforcement issues. REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Reaulations, Findinas: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. Future Land Use Element Objective C-4: The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of '~ City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policv C-4.1: The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: Planning and Zoning Board Staff Report LOR Amendment -Sidewalk Cafe Ordinance Page 4 o deletion of inappropriate uses o Incentives for locating retail on the ground floor with office and residential use on upper floors o Accommodating parking needs through innovative actions o Incentives for dinner theaters, playhouses, and other family oriented activities o Allowing and facilitating outdoor cafes o Incentives for mixed use development and rehabilitations o Elimination of side yard setback requirements o Allow structural overhang encroachments into required yard areas The proposed changes to the Ordinance helps to better facilitate and manage sidewalk cafes that is an amenity that continues to help with the revitalization of the CBO and therefore furthers the Goals, Objectives, and Policies of the Comprehensive Plan in accordance with LOR Section 2.4.5(M)(5). REVIEW BY OTHERS Downtown Development Authority (DDA): The proposed amendment was reviewed by the OOA at its January 10, 2005 meeting. The OOA recommended approval of the proposed changes but requested that the Ordinance be revised to clarify how the 5' pedestrian pathway was to be measured and if tables could be placed adjacent to a travel lane. West Atlantic Redevelopment Coalition (WARC): The proposed amendment was reviewed by W ARC on January 12, 2005 and recommended approval of the amendment with a recommendation that new businesses be exempt from paying the permit fee for one year to allow the businesses time to get established. Community Redevelopment Agency (CRA): The proposed amendment was reviewed by the CRA on January 13, 2005 and recommended approval of the amendment and did not support W ARC's recommendation. However, if W ARC's recommendation is considered, that it only applies to the West Atlantic Avenue corridor. Community Input Meeting: Staff held a community input meeting regarding the amendment on January 19, 2005. The meeting was attended by a five business owners, and two residents. While they were not opposed to the pressure cleaning requirement, they noted it is a big expense for a smaller operator. The residents voiced concerns with allowing tables to be placed along the curb adjacent to parked cars based on safety Planning and Zoning Board Staff Report LDR Amendment -Sidewalk Cafe Ordinance Page 5 issues. The business owners requested that the size of the menu board on a free standing easel be changed to allow a sign face of 2' x 3' as this was a standard size in the industry. No one voiced concerns with the proposed new permit fee The attached Ordinance was revised to address the OOA concerns to clarify the language regarding the 5' pathway and where the tables and chairs are to be placed. The size of the menu board was changed to the larger size to accommodate the wishes of the business owners. In addition, the date for the provisions of this section to be effective was changed from April 1 st to July 1, 2005 to allow more time for the existing owners to comply. ALTERNATIVE ACTION ~ 1. Continue with direction. 2. Recommend to the City Commission approval of the proposed text amendment to LOR Section 6.3.3 Sidewalk Café by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5 (M) (5). 3. Recommend to the City Commission denial of the proposed text amendment to LOR Section 6.3.3 Sidewalk Café by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LOR Section 2.4.5 (M) (5). RECOMMENDED ACTION ~ Recommend to the City Commission approval of the proposed amendment to LOR Section 6.3.3 Sidewalk Cafe by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5 (M) (5). Attachments . Proposed Ordinance ORDINANCE NO. 5-05 AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING SECTION 6.3.3, "SIDEWALK CAFÉ", OF THE LAND DEVELOPMENT REGULATIONS, TO PROVIDE FOR A PERMIT WITH AN APPLICATION FEE AND A FEE PER SQUARE FOOTAGE OF SIDEWALK CAFÉ SPACE, RENEWALS, APPLICABLILI1Y, REQUIRED INFORMATION, PROCESSING, GEOGRAPHIC LIMITATION, REGULATIONS REGARDING USE, DESIGN AND MAINTENANCE, LIABILI1Y AND INSURANCE; PENALTIES; DENIAL, REVOCATION AND SUSPENSION OF PERMIT, JURISDICTION OF CODE ENFORCEMENT BOARD, AND APPEALS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has permitted sidewalk cafes to be located in certain areas of the City; and, WHEREAS, the City desires to modify the Land Development Regulations governing sidewalk café ordinances in order to provide for the public health, safety, and welfare of the residents of the City and its visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 6.3, "Use and Work in the Public Right-of-Way", is hereby amended by amending Section 6.3.3, "Sidewalk Café" as follows: Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables ftftè with chairs aad permitted àeeolatiwe aad aeee330ry deáee3 associated articles approved by the City situated and maintained upon the sidewalk and used for the consumption of food and beverages sold to the public from an adjoining business. Sidewalk cafes are allowed only when in compliance with this Section. (A) Permit and Fees Required: It shall be unlawful for any person to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained for that site, from the City pursuant to this Section. The permit shall be refltie3ted issued on a form wftieft shall be provided by the City of Delray Beach. Eagifteer l:1poß refltiest. No permit shall be issued until all the requirements of the this Section have been met. Permits shall not be transferable. 1. Each permit shall be effective for one year. from J anuar.y 1 st until December 30th. Any permit application received after July 1st will pay one-half of the cost of the permit fee and the permit shall expire December 30th of the same year. 2. The sidewalk café application fee is one hundred dollars ($100.00). The permit fee is $3.00 per square foot of approved sidewalk café space. 3. Renewals of a Sidewalk café permit and payment of fees must be submitted and approved on or before October 1 st of each year. (B) A¡tplicability: The provisions of this section shall apply to all existing and proposed sidewalk cafes effective July 1. 2005. located wit:hiß a skeet right 6f ~aJ. Ho~e'\cr, side~alk cafes ~hich exist as of Jm} 1, 1998, shall hR~e 90 dwys to eOffil'l} ~ith the pro.isiofts of this section, inelaàiftg the re~eftlcat to 6btitia a permit. (C) Required Information: In addition to the required permit application and permit fee, the following must be provided at the time the application is submitted or renewed: (1) A copy of a valid occupational license; and description of use. (2) A sketch plan of the area between the store front and vehicular travel surface, drawn to a minimum scale of 1" = 1 0' which shows: (a) The sidewalk café area including square footage and dimensions: WW The store front and all openings (doors, windows); WW The location of curb, sidewalk, and any utility poles, fire hydrants, landscaping, or other items, within the right-of-way and private property, between the curb and the store front including dimensions; W{Q) The location of any of the above items which are within six feet (6') of the ends of the proposed use area; and the location of parking spaces (or use of the street) adjacent to the proposed use area; WW Clear delineation of the boundary between private property and the right-of-way including dimensions; WID Delineation of "clear pedestrian pathways" and "deRr àtst1iaees" "No Table Zones" as required by Subsection (f) (5): 2 ORD. NO. 5-05 ~f.g,). Proposed location of chairs; with tables, and other private features such as but not limited to hostess stands. umbrellas. etc.; ~!h) Proposed location of sidewalk café barriers as required by Subsection .cÐ-Cn; ~!ù Photographs and/or manufacturer brochures depicting the chairs, tables, umbrellas, menu boards and logos. and other private features including, but no limited to, lighting to be used in the proposed sidewalk cafe area. .(j) If the Permittee intends to use property in front of an adjacent business. the permittee must submit a notarized statement from the adjacent business owner(s) indicating the adjacent business owner has allowed the use of the sidewalk in the front of their businesses). on a form acceptable the Cit;y. (3) the City Attorney. Proof of Insurance and a Hold Harmless Agreement in a form acceptable to (D) Processing: The permit application including the Required Information as requested in Subsection (C) above shall be submitted to the Communit;y Improvement Department for processing. The Ci~ EagÏfteer shaY revie'W the permit applieatioa for eoæpliaaee ~~ this Seetiofl aftd shaY issue permits aeeorcliaglJ. The aetioa of the Ci~ Eagiaeer maJ be appealed p\H3Uaat to Seetiofl 2.4.7(£). Appeals shall be governed by Section 2.4.7(E). (E) Geographic Limitation: A permit for a sidewalk cafe may be issued within those zoning districts which allow restaurants, subject to any limitations or restrictions of the particular district. (F) Regulations Governing the Use.. Design.. and Maintenance of a Sidewalk Cafe: (1) A sidewalk cafe shall only be established in conjunction with a legally established restaurant and/or takeout food store, where the food product is prepared, processed, or assembled on the premises (for example: deli, ice cream store, sandwich shop). (2) A sidewalk cafe may only be established in front of the business and such businesses immediately adjacent to the business with which the sidewalk cafe is associated. ±he side w aYr eafé operator ml:1st reeei~ e the permissioa, Ífl a form aeeeptsble to the Ci~, from adjaeeat busÎfiesses before estsblishiflg the side w alii eafé Îfl float of sueh adjaeeat busÎflesses. The sidewalk café shall not be established adjacent to a travel lane or on-street parking. unless there is no ability to 3 ORD. NO. 5-05 establish a sidewalk café adjacent to the storefront. in which case a sidewalk café may be located adjacent to a traffic lane or street parking as long as a five foot clear pedestrian path is provided. However. a sidewalk café may be established adjacent to a landscape node. (3) Alcoholic beverages may be consumed at a sidewalk cafe. (4) The use of the tables and chairs at a sidewalk cafe shall be only for the customers of the business with which the sidewalk cafe is associated. (5) }~ deM patln~~, pMalld ~~th the 3tteet, with a ffi:Î:fl:im'\:l width of ii, e feet (5') 3hall be maifltaifted for tMough. pede3tftaa ttafáe. }~ ~eater \J.'Ídth m~ be required a3 a eeaàitiaft of appfe. al. wœ .L\ deM æsœaee with a ftl:Ïnimttni ef á"", e feet (5') shaR Be pfffirided £ram aft} aRe" er033 w allt:, fire hy draat, Of 3ÍffiilM 3Ìft1atioa. .L\ ~eater deM æ3œaee m~ Be reqtåred a3 a eoaætiOftM of appf~ M. Sidewalk café operators shall maintain a clear pedestrian path of a minimum of five feet (5') at all times. The five foot (5') clear pedestrian path shall be parallel to the street and/or alley. In the event a five foot (5') clear pedestrian path adjacent to the curb is interrupted by street furniture. trees. tree grates or similar impediments. then the sidewalk café operator may provide for a five foot (5') clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of five feet (5') towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional clearance is required to assure safe pedestrian travel. additional clear space shall be required. A clear pedestrian path greater than five feet (5') may be required on sidewalks with an adjacent traffic lane. (6) A "No Table Zone" is hereby established. No sidewalk café tables or chairs shall be located within the "No Table Zone". The "No Table Zone" is that area located at the intersections of Atlantic Avenue with any side street. within fifteen feet (15') of the extended curb line. The fifteen feet (15') will be measured perpendicular to the street from the extended curb. For non-Atlantic Avenue intersections. the "No Table Zone" shall be ten feet as measured above. (J) The sidewalk café area is to be segregated from the pedestrian pathway by means of barriers such as planters. railings or other similar moveable fixtures or other clearly visible demarcation. The barrier shall not be located within the required clear pedestrian path. f71 .(8) In addition to previously approved business signs, the sidewalk cafe may have one of the following ftf.h erti3IDg signs: (a) A wall mounted menu board sign that does not exceed three square feet (3 sq.ft.). 4 ORD. NO. 5-05 (b) A free standing easel or art object that does not exceed five feet (5') in height that holds a menu board with a sign face not to exceed four square feet (~. 2 ft. x 3 ft.). (c) Logos upon table umbrellas. mefte bOM'th Oft the œ-ble3 aftd logos upOft t1lble aœÐrella3. Th~ items free standing easel or art object must be placed immediately in front of the business in the permitted sidewalk café area. These signs shall not require further Site Plan Review and Appearance Board approval and are an exemption to requirements with the City's sign code. Portable signs shall be prohibited except as allowed in Section 4.6.7(E)(3)(d) Grand Opening Portable Signs. ~ .(2) Use area and/or seating capacity realized through a sidewalk cafe use and contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters. t97 .(1Q) Food may be carried to tables by patrons or served by a table waiter. Food shall not be prepared in the sidewalk cafe area. fW7 .(11) Hours of operation shall be the same as the associated businesses. (11) The permit mR'J be 3u3peRded upOR w titteR Rotiee of the CitJ 1fMiager or his/her de3igaee of the 3idewalk eafé, aad remmaJ may be ordered b} the CitJ \\theft repa±r3 Reee33itate 3tu:h aetioR. The Ci~ ho ~ e'\ er, mlt) iœ:mediatel} remm e or reloeated all or pm3 of the 3ide w alk eafé or order 3Md remo. al or reloeatioft in emergeae, 3it:uattoR3, ~ ithout ~ litteR aotiee. (12) Table3, eha:irs, aœÐreHs, aad afty other objeet3 pro.ided withift a sidewalk eafé 3hall be ffiftÌfltitÎfted Ífl a deaR aRd atttaett~ e maRRer aftd 3haR be Ïfl good repa±r at aR time3, eR3\ifÏflg a tid) aad Reat appear8:aee. T able3 aad efta±r3 3haR be mo, ed Ïfl3ide the butldiflg, 3t1leh.ed aeatl, agft'Ìft3t the bWldiflg, at elo3e of eaeh be3æe33 dRJ. (12) The area covered by the permit. including the sidewalk. curb and gutter immediately adjacent to it. shall be maintained in a clean. neat. attractive and orderly manner at all times and the area shall be cleared of all debris and stains on a periodic basis during the day and again at the close of each business day. ensuring a tidy appearance. The permittee shall also be responsible to pressure clean the sidewalk surface on which the sidewalk café is located at least once a week or more frequendy. if needed and pick up all litter and debris including litter and debris in the landscaped areas adjacent to the sidewalk café area under permit. (13) No tables. chairs. or any other part of sidewalk cafes shall be attached. chained. or in any manner affixed to any tree. post. sign or other fixtures. curb or sidewalk within or near the permitted area. 5 ORD. NO. 5-05 (G) Liability and Insurance: (1) Prior to the issuance of a permit, the applicant shall furnish a signed statement that the permittee shall hold harmless the City, its officers and employees and shall indemnify the City, its officers and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. (2) Permittee shall furnish insurance and insurance certificate and maintain such public liability, food products liability, and property damage insurance from all claims and damages to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than one million dollars ($1,000,000) for bodily injury, and property damage respectively, per occurrence. Such insurance shall name the City, its officers and employees as additional insureds and shall further provide that the policy shall not terminate or be canceled without thirty (30) days written notice to the City. ()-I) Penalties for Violations. In addition to the remedies provided in Section 6.3.3(1). the following penalties will be imposed upon the issuance of a written notice to the permittee shall be given as follows: 1st violation - a written warning 2nd violation - up to $100 fine 3rd violation - up to $175 fine (I) Denial~ Revocation.. or Suspension of Permit: Removal and Storage Fees: Concurrent] uris diction of the Code Enforcement Board~; Emergencies: (1) The City Manager or his/her designee may deny, revoke, or suspend a permit of any sidewalk cafe in the City if it is found that: (a) Any necessary business or health permit has either been suspended, revoked, or canceled or has lapsed. (b) The permittee does not have insurance which is correct and effective. (c) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal or modification of the sidewalk cafe, in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic. (d) The permittee has failed to correct violations of this subchapter or conditions of permitting within three (3) days of receipt of written notice of same. 6 ORD. NO. 5-05 (e) If the permittee receives more than three (3) Code Enforcement violations in a 12 month period from the issuance of its permit for non- compliance to this Section. the permit shall be terminated and no refunds of the permit application fee shall be granted. The pemitee may not receive a new permit for six months. (2) The City may remove or relocate or order the removal or relocation of tables and chairs and other vestiges of the sidewalk cafe and a reasonable fee charged for labor, transportation, and storage, should the permittee fail to remove said items within thirty-six (36) hours of receipt of the written notice from the City Manager or his/her designee ordering removal or relocation. However, in the event of an emergency, no written notice of relocation or removal shall be given and relocation and/or removal shall commence immediately. (3) 6.3.3 (I), below. The permittee may appeal the order of the City Manager pursuant to Section (4) The Code Enforcement Board shall have concurrent jurisdiction over violations of this subchapter, but may only assess fines for noncompliance with the requirements of this subchapter. (5) The sidewalk café permit may be suspended upon written notice of the City Manager or his /her designee and removal may be ordered by the City when repairs necessitate such action. (6) In addition. the City may immediately remove or relocate all or parts of the sidewalk café or order said removal or relocation in emergency situations. without written notice. In an emergency or upon the issuance of a hurricane warning or notification of another weather emergency by the county. the permittee shall forthwith place indoors all tables. chairs. and other equipment located on the sidewalk. Failure to comply shall result in violation of this subsection which shall result in the issuance of a fine not to exceed $500.00. 0) Appeals: (1) Appeals of the decision of the City Manager or his/her designee shall be initiated within ten (10) days of a permit denial, revocation or suspension, or of an order of removal or relocation, by filing a written notice of appeal with the City Manager. (2) The City Manager shall place the appeal on the first available regular City Commission agenda. At the hearing on appeal, the City Commission shall hear and determine the appeal, and the decision of the City Commission shall be final and effective immediately. 7 ORD. NO. 5-05 (3) The filing of a notice of appeal by a permittee shall not stay an order of the City Manager or his/her designee regarding the suspension, revocation or denial of the permit, or the relocation or removal of the vestiges of the sidewalk cafe. Vestiges of the sidewalk cafe shall be removed as set forth in this subchapter, pending disposition of the appeal and the final decision of the City Commission. (4) Appeals from the decision of the Code Enforcement Board shall be to the circuit court and not to the City Commission. Section 2. That should any section or proV1s10n of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective April 1 , 2005. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2005. MAYOR ATTEST: CITY CLERK First Reading Second Reading 8 ORD. NO. 5-05 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID~E . I Af:lAGER PAUL 60~LING, DIRECT OF PLANNING AND ZONING JEFFREY A. COSTELLO, SISTANT PLANNING DIRECTOR MEETING OF MARCH 1, 2005 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.5 RL (LOW DENSITY RESIDENTIAL) ENACTING PERFORMANCE STANDARDS TO MITIGATE THE IMPACTS OF ADDITIONAL DENSITY FROM A BASE DENSITY OF 3 UNITS PER ACRE TO A MAXIMUM OF 6 UNITS PER ACRE. ~ I BACKGROUND The current development standards for the RL (Low Density Residential) zoning district provide for a range in densities from a minimum of three (3) units per acre to a maximum of six (6) units per acre. To exceed the base density for duplex and multiple family housing projects, a determination by the Local Planning Agency (Planning and Zoning Board) that the resulting development is harmonious with adjacent properties and does not adversely affect areas of environmental significance or sensitivity is currently required. This language is vague and somewhat arbitrary, and can create difficulties in its implementation. The RL district also states that multiple family uses and structures must be approved by the Site Plan and Appearance Board, which conflicts with the requirement stated above, as it relates to the review process. The proposed amendment would create a set of 7 performance standards that must be met in order to increase density beyond the minimum, which is intended to lessen the impact of the additional density. In addition, the standard for recreational amenities has been amended to require that facilities be provided for children of all ages. Positive findings can be made with respect to LDR Section 2.4.5(M)(5), as the proposed text amendment will further the Goals, Objectives, and Policies of the Comprehensive Plan. Additional background and a detailed analysis of the text amendment are provided in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS Plannina and Zonina Board: The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 24, 2005. There was no public testimony regarding the proposal. The Board voted 5-0 (Kincaide absent), to recommend to the City Commission approval of the proposed amendment by adopting the findings of fact and law contained in the staff report. Community Redeveloøment Aaencv: At its meeting of January 27, 2005, the CRA Board reviewed and recommended approval of the proposed text amendment. Historic Preservation Board: At its meeting of February 2, 2005, the Historic Preservation Board reviewed and recommended approval of the proposed text amendment. RECOMMENDED ACTION Move to approve the amendment to the Land Development Regulations Section 4.4.5 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on March 15, 2005. Attachment: Planning & Zoning Board Staff Report of January 24, 2005 \QD ()ELRA Y BEACH ~kÁ'''';'¡ ;¡¡¡r 1'1'13 ~OOI PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT OURAY BEACH ~ i¡¡¡r 19'H ~Oul MEETING OF: JANUARY 24, 2005 AGENDA ITEM: IV.F. - CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.5 RL (LOW DENSITY RESIDENTIAL) ENACTING PERFORMANCE STANDARDS AND PROVIDING FOR RECREATIONAL AREAS FOR MULTI-FAMILY DEVELOPMENTS TO MITIGATE THE IMPACTS OF ADDITIONAL DENSITY FROM A BASE DENSITY OF 3 UNITS PER ACRE TO A MAXIMUM OF 6 UNITS PER ACRE. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City-initiated amendment to LOR Section 4.4.5 regarding the RL (Low Density Residential) regulations, pursuant to LOR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND AND ANALYSIS The current development standards for the RL (Low Density Residential) zoning district provide for a range in densities from a minimum of three (3) units per acre to a maximum of six (6) units per acre. To exceed the base density for duplex and multiple family housing projects, a determination by the Local Planning Agency (Planning and Zoning Board) that the resulting development is harmonious with adjacent properties and does not adversely affect areas of environmental significance or sensitivity is currently required. This language is vague and somewhat arbitrary, and can create difficulties in its implementation. The RL district also states that multiple family uses and structures must be approved by the Site Plan and Appearance Board, which conflicts with the requirement stated above, as it relates to the review process. It is noted, per LOR Section 2.4.6(H), in historic districts or designated historic site, the approving body will be the Historic Preservation Board. The proposed amendment would create a set of performance standards that must be met in order to increase density beyond the minimum. The standards are intended to lessen the impact of the additional density by requiring measures to control traffic speeds and volume, reduce the overall mass of the structures through better design, and ensure compatibility with adjacent development through increased setbacks and buffers, when a development is immediately adjacent to a residential zoning district having a lower IV. F . Planning & Zoning Board Memorandum Staff Report LOR Amendment - RL Zoning District Performance Standards Page 2 density. In addition, the standard for recreational amenities has been amended to require that facilities be provided for children of all ages. The standards will be applicable to all future projects subject to the RL zoning standards, and to existing projects that are proposing to add new units. Smaller infill type projects may be exempted from some of the standards, but should comply with those that are feasible to implement. The performance standards provide for a more objective means of determining the appropriate density of a project. This LOR amendment is similar to the amendment approved by the City Commission in 1998, where performance standards for the RM (Medium Density Residential) zoning district were adopted. The RM zoning district provides for a range in densities from a minimum of six (6) units per acre to a maximum of twelve (12) units per acre. In order to exceed the base density, a finding must be made by the approving body (in most cases, the Site Plan Review and Appearance Board), that the development proposal substantially complies with the performance standards. Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed ordinance provides clarification and an objective means to determine the density and compatibility of development with the surrounding properties. A review of the goals, objectives and policies of the City's Comprehensive Plan were conducted and the following goal, objective and policy support the proposed text amendment: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESUL T IN A MIXED, BUT PREDOMINA TEL Y RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Obiective A-1 Property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations; is complementary to adjacent land uses; and fulfills remaining land use needs. HOUSING ELEMENT: Policv A-12.3 In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, Planning & Zoning Board Memorandum Staff Report LOR Amendment - RL Zoning District Performance Standards Page 3 habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. REVIEW BY OTHERS Historic Preservation Board: The HPB will review the text amendment at their meting of February 2, 2005. Their recommendation will be provided to the City Commission. Community Redevelopment Agency The CRA Board will review this item at their January 27th meeting. The Board's recommendation will provided at the City Commission meeting. Courtesy Notices: Courtesy Notices were provided to the following Civic Associations: . PROD (Progressive Residents of Delray . President's Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations (LDRs) Section 4.4.5, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 3. Move to recommend to the City Commission denial of the attached amendment to the Land Development Regulations (LDRs) Section 4.4.5, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, recommend to the City Commission approval of the attached amendment to LDR Section 4.4.5 by adopting the findings of fact and law contained in the staff report Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 4 and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the land Development Regulations. Attachments: Proposed LDR Amendment Map showing RL zoned properties ORDINANCE NO.lø-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTION 4.4.5(A), "PURPOSE AND INTENT", TO CLARIFY THE APPLICABLE COMPREHENSIVE PLAN SECTION; AMENDING SUBSECTION 4.4.5(H), "SPECIAL REGULATIONS", PROVIDING A MEANS TO INCREASE DENSITY IN THE RL DISTRICT AND TO PROVIDE FOR RECREATIONAL AREAS FOR MULTI-FAMILY DEVELOPMENTS; ENACTING SUBSECTION 4.4.5(1), "PERFORMANCE STANDARDS", TO MITIGATE THE IMP ACTS OF ADDITIONAL DENSITY BOTH INTERNAL AND EXTERNAL TO THE SITE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on January 24 and voted _ to _ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.5, "Low Density Residential (RL) District", Subsection 4.4.5(A), "Purpose and Intent", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 5 amended to read as follows: (A) Purpose and Intent: The Low Density Residential (RL) District provides a residential zoning district with flexible densities having a base of three (3) units per acre and a range to six (6) units per acre. Further, the Low Density Residential District provides for implementation of provisions of Housing Element Goal Area "GB" of the Comprehensive Plan and, more specifically, Policy GB-2.1 which calls for providing sites for single family detached and low density planned residential development. Section 3. That Section 4.4.5, "Low Density Residential (RL) District", Subsection 4.4.5(H), "Special Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (H) Special Re!!ulations: (1 ) J.\ minimum density of three units per acre is established for dllplex and multiple family housing projects 'within this District. Density may exceed the base of three (3) units per acre only upon a determination by the Local Planning J.^...gency that the resulting development is harmonious '.yith adjacent properties and does not adversely affect areas of en":ironm.ental significance or sensitivity. Hov¡ø"/er, the maximum density shall not exceed six (6) units per acre. (1) A minimum density of three units per acre is established for duplex and multiple family housing projects within this district. Density may exceed the base of three (3) units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.5(1). In no event shall a development's total density exceed six (6) units per acre. The density for a specific RL development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (i.e. RL-5 limits the density to five units per acre). To seek a density greater than allowed by the suffix. it is necessary to rezone the property. (2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to Section 4.3.4(I)(3)(b). (3) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. ( 4) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. (5) Recreational areas shall be required for all new rental apartment developments. and of owner occupied developments which have homeowner associations that must care for retention areas. private streets. or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers: features such as a basketball court. volleyball court. and open playfields are appropriate for older children. A pool and clubhouse. unless specifically designed for children. is not considered to meet this requirement. Projects having fewer than twenty-five (25) Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 6 units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. Section 4. That Section 4.4.5, "Low Density Residential (RL) District", Subsection 4.4.5(1), "Performance Standards", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: (I) Performance Standards: (1) These standards shall apply to all site plans approved subsequent to March 1. 2005. and for modifications to existing developments which involve the creation of additional residential units. In order to increase a proiect density beyond three (3) units per acre. the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a proiect meets the standards will determine the number of units per acre that will be permitted. For example. if a proiect meets or exceeds all of the standards. and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations. the maximum density is permitted. Proiects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices: street networks consisting of loops and short segments: multiple entrances and exists into the development: and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing. and provides a feeling of open space. (c) Where immediately adiacent to residential zoning districts having a lower density. building setbacks and landscape materials along those adiacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum: at least one tree per 30 linear feet (or fraction thereof) is provided: trees exceed the required height at time of planting by 25% or more: and a hedge. wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. F or example. setbacks are staggered and offset with varying roof heights (for multi-family buildings. the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door Planning & Zoning Board Memorandum Staff Report LDR Amendment - RL Zoning District Performance Standards Page 7 shapes and locations: features such as balconies. arches. porches. courtyards: and design elements such as shutters. window mullions. quoins. decorative tiles. etc. ( e) A number of different unit types. sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one. two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist. new areas which provide open space and native habitat are created and incorporated into the proiect. (g) The proiect provides a convenient and extensive bicycle/pedestrian network. and access to available transit. (2) It is acknowledged that some of the above referenced standards may not be entirely applicable to small. infill type residential proiects. For those types of proiects. the ultimate density should be based upon the attainment of those standards which are applicable. as well as the development's ability to meet or exceed other minimum code requirements. (3) F or vacant property that is proposed for rezoning to RL with a density suffix. the approving body must make a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_ ATTEST MAYOR Planning & Zoning Board Memorandum Staff Report LOR Amendment - RL Zoning District Performance Standards Page 8 City Clerk First Reading Second Reading ~ TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID T. HARDEN, CITY MANAGE ~~ ' PAUL DORLING, DIRECTOR OF PLANNING AND ZING JEFFREY A. COSTEllO, ASSISTANT PLANNING D ECTo1~ MEETING OF MARCH 1, 2005 CONSIDERATION OF A CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.4(E) "EXPIRATION OF APPROVALS" TO PROVIDE FOR A LONGER EXPIRATION PERIOD FOR CONDITIONAL USES, SITE PLANS, LANDSCAPING PLANS, ARCHITECTURAL PLANS AND PRELIMINARY SUBDIVISION PLATS. BACKGROUND/ANAL YSIS Pursuant to LOR Section 2.4.4(E)(2), approvals for conditional uses, site plans, landscaping plans, architectural plans and preliminary subdivision plats have been limited to an eighteen (18) month duration unless a different period is specifically stated in conditions of approval. During the approval period, the project shall be established pursuant to 2.4.4(0), unless the time period is extended pursuant to LOR Section 2.4.4(F). Section 2.4.4(0) states that a development project shall be considered established when it meets one of the following tests: (1) Improvements representing twenty-five percent (250/0) of the total cost of all improvements to be used in developing the project have been constructed; or (2) A certificate of occupancy has been issued for use of the property pursuant to the development approval. Within the past few years, requests for extensions of approvals have become more numerous. Due to many economic, permitting, and construction factors, it has become more difficult to establish a project during the eighteen (18) month period. Therefore, the proposal is to amend the current regulation to lengthen the time frame to establish a project for an additional six (6) months, from eighteen (18) months to twenty four (24) months. This may be more realistic based upon today's economic and construction climate. The proposed two (2) year approval period is consistent with other municipalities in Palm Beach County. Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being initiated more for "housekeeping" purposes than to fulfill any specific Comprehensive Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board will consider the proposed text amendment at their meeting of February 28, 2005. The Board's recommendation will be provided at the City Commission meeting. RECOMMENDED ACTION Move to approve the attached amendment to the Land Development Regulations Section 2.4.4(E) Expiration of Approvals. by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on March 15, 2005. Attachment: Proposed Ordinance '<0E ORDINANCE NO. .ll..-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4.4(E), "EXPIRATION OF APPROVALS", SUBSECTION 2.4.4(E)(2), "CONDITIONAL USES, SITE PLANS, LANDSCAPING PLANS, ARCHITECTURAL PLANS, PRELIMINARY SUBDIVISION PLATS", TO PROVIDE FOR A LONGER EXPIRATION PERIOD, PROVIDING FOR APPLICABILITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the approvals for conditional uses, site plans, landscaping plans, architectural plans and preliminary subdivision plats have been limited to an eighteen (18) month duration unless extended; and WHEREAS, requests for extensions of time have become more numerous; and WHEREAS, due to many economic, permitting, and construction factors, it has become more difficult to establish a project during the eighteen (18) month period; and WHEREAS, the City has determined that lengthening the time to establish a project for an additional six (6) months, from eighteen (18) months to twenty four (24) months, is more realistic in today's economic and construction climate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by amending Section 2.4.4(E), "Expiration of Approvals", Subsection 2.4.4(E)(2), "Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, Preliminary Subdivision Plats", is hereby amended to read as follows: (E) Expiration of Approvals: (2) Conditional Uses. Site Plans. Landscapina Plans. Architectural Plans. Preliminary Subdivision Plats: The following shall apply to developmont 3pplic3tionE 3pproved Eubsequent to October 1, 1990. unexpired development approvals that have not been previouslv extended and new development applications submitted prior to March 15. 2005 and to new development applications submitted after March 15. 2005. Upon 3pprov31, or 3pprov31 subject to conditionE by the gr3nting body, s3id 3ction Development approvals shall be valid for a period of eighteen (18) twenty-four (24) months, unless a different period is specifically stated in conditions of approval. During this approval period, the project shall be established pursuant to 2.4.4(D). +J::Hs III.D. Subsection 31so 3pplies to 3ny extensions 'I.'hich m3Y be gr3ntod to 3 previous 3pprov31. This section shall not applv to extensions of development approvals. Extensions shall be aoverned bv Section 2.4.4(F). Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of , 2005. MAYOR ATTEST: CITY CLERK First Reading Second Reading MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # \<:::> F - REGULAR MEETING OF MARCH 1.. 2005 ORDINANCE NO.9-OS TO: SUBJECT: DATE: FEBRUARY 25, 2005 This ordinance is before Commission for second reading and public hearing to amend Section 36.05 of the City Code, "Bidding Procedures", clarifying the use of Construction Management at Risk Contracts; amending Section 36.11 "Definitions", to provide that the City may use a Construction Manager at Risk Contract on construction projects. Our process for implementing capital infrastructure construction has traditionally been the Design/Bid/Build (DBB) method. The project is designed either in house or by a consultant, construction documents are published for solicitation of competitive bids, and a contactor is awarded the construction contract generally on a low bid basis. This process has generally worked well however, on occasion the City has experienced problems with contractors selected on the predominant basis of price. In view of this, and at the direction of the Commission, we have investigated alternative methods of construction delivery by governmental agencies; the Design/Build (BD) method and the Construction Manager (CM) at Risk method. The attached Environmental Services memo explains each method in detail. At the first reading on February 15,2005, the City Commission passed Ordinance No. 9-05. Recommend approval of Ordinance No. 9-05 on second and final reading. S:\City Clerk\agenda memos\Ord.9-05 Management At Risk Contracts.03.01.05 City Of Delray Beach Department of Environmental Services M E M 0 RAN ~ D u M t\.-ww. my del ray beach. com FROM: David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Director ~ TO: SUBJECT: CONSTRUCTION DELIVERY METHODS DATE: February 8, 2005 As with many municipalities, our process for implementing capital infrastructure construction has traditionally been the Design/Bid/Build (DBB) method. The project is designed either in house or by a consultant, construction documents are published for solicitation of competitive bids, and a contractor is awarded the construction contract generally on a low bid basis. While this process has generally worked well in the implementation of our capital program, we do, on occasion, experience problems with contractors selected on the predominant basis of price. These issues usually relate to adequacy of resources to perfonn the work, experience in perfonning the work or financial condition of the finn. In view of this, and at the direction of Commission, we have investigated alternative methods of construction delivery. Two other methods currently in use by governmental agencies are Design/Build (DB) and Construction Manager (CM) at Risk. Under the Design/Build method, a design criteria package is prepared and advertised to solicit contractors to bid the work. The design criteria package basically describes the characteristics and parameters of the project, and the categories by which the contractor will be selected which are not limited to or predominantly based on price. There are no plans, specifications or bid documents prepared. Bidder responses are then reviewed by a selection committee similar to the process by which we select professional consultants. The successful contractor will be selected on the basis of qualifications to perfonn the work and not exclusively "low bid". Subsequent to contract award, the contractor is responsible for preparation of construction documents and, of course, the actual project construction activities. The CM at Risk method is similar to Design/Build in that the Construction Manager is selected on the basis of qualifications and not price. The successful contractor takes an active role in the preparation of construction documents, either working closely with the professional consultant, or perfonning value engineering activities if the plans are completed at the time of contracting. In addition to a negotiated contract administration fee, the CM enters into an agreement with the City to construct the project for a Guaranteed Maximum Price (GMP). The City pays only the actual construction cost of the project up to but not exceeding the GMP. If costs exceed the GMP, the contractor absorbs the overage. \ ~c.. A comparison of these three common project delivery methods indicates the following: · The traditional Design/Bid/Build method in most cases will probably result in the lowest project cost. This is, however, totally dependent on the quality of the contractor winning the bid. Some contractors will intentionally or through lack of experience, underbid projects. While their bid will appear to represent the best value, they will submit change orders and extras over the course of the project which will inflate the final project cost and, sometimes amount to more than other bids originally submitted for the work. There can also be other problems as previously described with contractors that cannot dedicate adequate resources to the project to complete it in a timely manner or are not financially viable. To a large extent, these issues can be minimized or avoided through the use of a prequalification process which staff is currently working to develop. · The Design/Build option offers the benefit of time savings in that the City does not have to include the eight to ten week advertising and bidding components of the traditional Design/Bid/Build process. Project cost is not the deciding parameter in selecting the contractor. Contractor selection is based on additional criteria and qualifications. Projects constructed using the Design/Build method can be cost effective relative to the value of the construction, however, the City sacrifices a good deal of control over the project. As long as the contractor conforms to the parameters detailed in the design criteria package and meets all building code requirements, he is free to specify such materials and construction methods as will benefit his profit margin. There remains the potential for change orders using this method as well if the City requires modifications during plan preparation and review that were not addressed in the design criteria package. Project costs may be maintained or reduced at the sacrifice of quality. · The CM at Risk option provides the best opportunity for the City to ensure a quality project by a quality contractor. Contractor selection is made exclusively on the basis of qualifications so there is no opportunity for underbidding to get the work. In addition, the participation by the CM in the design phase of the project has the effect of incorporating constructibility considerations into the planning process. This can ultimately result in cost savings when the construction project commences. This process has the benefit of providing the City with a guaranteed maximum cost for the project. Since the CM will be conservative in his estimating, this method can appear a bit more expensive, however, remember that the City will only pay the actual construction cost. There can also be a time savings realized using this option since the contractor solicitation process can occur simultaneously with plan preparation. Finally, because of the requirement for the CM to provide a GMP, the potential for change orders is greatly reduced. In conclusion, it may not be practical to implement alternate delivery methods for many of our underground infrastructure projects because of the nature of the work and relatively small magnitude of the projects. There may, however, be an application for the Design/Build or the CM at Risk methods in the context of vertical improvements such as the Old School Square Garage or perhaps even some of the City's planned parks projects requiring a variety of trades for construction of the improvements. Cc: Susan Ruby, City Attorney Brian Shutt, Asst. City Attorney [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE .... ANnBtcaClty , III I! 1993 ~ 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM DATE: February 4, 2005 TO: City Commission David Harden, City Manager ~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Ordinance No. 9 -05, Construction Manaaer at Risk The attached ordinance amends Chapter 36 of the Code of Ordinances to provide that the City may use a Construction Manager at Risk contract on construction projects. The construction manager at risk contract is with an entity that replaces the general contractor. The CM at risk works for a fee with the City and its architect/engineer while developing a design. The CM at risk shall then provide the City with a guaranteed maximum price for the entire project. The CM at risk shall be selected by the City based on its qualifications. Our office requests that this item be placed on the February 15, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Richard Hasko, Director of Environmental Services ORDINANCE NO. 9-05 AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING SECTION 36.05 OF THE CI1Y CODE, "BIDDING PROCEDURES", CLARIFYING THE USE OF CONSTRUCTION MANAGEMENT AT RISK CONTRACTS; AMENDING SECTION 36.11 "DEFINITIONS", PROVIDING FOR THE DEFINITION OF CONSTRUCTION MANAGEMENT AT RISK CONTRACTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission wishes to clarify the purchasing procedures regarding the use of Construction Management at Risk Contracts. NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions", of the Code of Ordinances of the City of Delray Beach, Florida, Section 36.05, "Bidding Procedures", be and the same is hereby amended to read as follows: Sec. 36.05. BIDDING PROCEDURES. (A) Specifications. In the case of sealed competitive bidding for any purchase of, or to cover any contract for, the acquisition of goods, services, or structures, and regardless of the anticipated whole cost, the City shall furnish to each bidder a uniformly equal description, specification, or plan, together with specifically stated alternatives thereto, which will cover all aspects of type, kind, character, quality, or quantity of, and the maximum allowable time for the delivery of the goods, or the completion of the contract for which bids are invited. Furthermore, in the case that emergency requirements may render time, as such, to be of the essence of the contract, those original specifications (available to all bidders) shall contain a formula which evaluates time in terms of dollars per calendar day or fraction thereof, which may be properly used in effecting a determination of the lowest competent bidder, and which shall be the basis for the calculation of any penalties to be assessed against the contractor in a final settlement for his failure to meet the previously established completion time schedule. Where possible, specifications shall be those in general use in an appropriate trade or industry, and shall be referred to by name and tide (as in the case of the standardized specifications issued by the American Society for Testing Materials). (B) Deposits, Penalty Bonds. Bidders may be required to make those deposits as may be deemed requisite to cover the cost of any plans or specifications; these deposits being redeemable upon application of the bidder when the plans and specifications are returned in acceptable order. Bidders may also be required to post penalty bonds as may be deemed necessary to protect the City fully in an eventuality as the inability of the vendor or contractor properly to fulfill the terms of the purchase order or contract for any and every reason. (C) One-Price, Cost-Plus, and Dollar Amount Bids and Construction Management at Risk Contracts. Invitations to bid shall define the nature of the bid in terms of these categories as a one-price bid, a cost-plus bid, cost-plus fixed fee bid, construction management at risk contract or a dollar amount as it may be determined by a stated formula (but only one category shall be defined in the invitation). (1) In the case of a one-price bid, the whole cost to the City shall be inclusive of all cost and expense elements as engineering, legal, or technical consultation fees, job- preparation expense, insurance premiums, shipping charges, stand-by time, and the living or traveling expenses of job personnel (although a detailed schedule of all costs and expenses shall not be required to be disclosed in the case of a one-price bid), together with a schedule of proposed terms of payment and any allowable discounts. (2) A cost -plus, or any sliding scale, bid may be invited with the concerted approval of the City Manager and the Director of Environmental Services in the case of a proposed project for which reasonable cost or expense estimates do not appear feasible (as in the case of a project involving possible removal of unknown quantities of concealed rock). Under this circumstance, the bid shall set forth the total of all of the details of determinable costs and expenses together with schedules of the variable cost elements as unit-costs, per diem costs, and the like, as are required by the bid invitation. Œ A construction management at risk contract shall be with a person/ flttIl/ company ("CM") that replaces the general contractor and works for a fee with the City and its architect/engineer through the design phase to contain the budget and schedule. The CM shall provide a guaranteed maximum price for the entire project and shall manage the contractor( s) for quality and schedule. The CM shall be selected by City based upon the qualifications of the CM as it pertains to the project that is to be constructed. Section 2. That Chapter 36, "Finance; City Property Transactions", of the Code of Ordinances of the City of Delray Beach, Florida, Section 36.11, "Definitions", be and the same is hereby amended to read as follows: 2 ORDINANCE NO. 9-05 Sec. 36.11. DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Change order. A written order or agreement signed and issued by the City, directing the vendor or contractor to make changes to the purchase of supplies, equipment, services or construction. Construction Management at Risk Contract. Is a contract for the construction of a City project whereby the person/ firm/ company ("CM") that has entered into the contract with the City manages construction of the project by contractors and provides services such as estimating. scheduling. constructability review. and value engineering. Generally. the CM acts in a fiduciary capacity toward the City and the CM's compensation is limited to a guaranteed maximum price as defined in a contract and payment of a management fee. Contract modification. Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. Design-build firm. An individual, association, partnership, corporation, or other legal entity which: (i) Is certified under F .S. § 489.119 to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or (ii) Is certified under F.S. § 471.023 to practice or to offer to practice engineering; certified under F .S. § 481.219 to practice or offer to practice architecture; or certified under F .S. § 481.319 to practice or to offer to practice landscape architecture. Design-build contract. A single contract with a design-build firm for the design and construction of a public construction project. Design criteria package. Concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information so as to permit design-build firms to prepare a bid or a response to a request for proposal, or to permit the City to enter into a negotiated design-build contract. The design criteria package shall specify performance-based criteria for the public construction project, including, but not limited to, the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions of utilities, stormwater retention and disposal, and parking requirements, as may be applicable to the project. 3 ORDINANCE NO. 9-05 Design criteria professional. An individual, association, partnership, corporation, or other legal entity who holds a current certificate of registration under F .S. Ch. 481, to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under F.S. Ch. 471, to practice engineering and who is employed by or under contract to the City for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. final reading. That this ordinance shall become effective upon its passage on second and PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 2005. MAYOR ATTEST: City Clerk First Reading Second Reading 4 ORDINANCE NO. 9-05 Message Page 1 of 10 Hasko, Richard ----- __"'_'~I___""'_________________~_____~'_~_~_______~_~~__'____.ov'~_____,__,......____.-..________ From: Ruby, Susan Sent: Friday, January 21,2005 1 :39 PM To: Shutt, Brian; Hasko, Richard Subject: Emailing:08.htm ~--- . . ' f.,. ~e(je;(J; HI~nWay A(~nWI shot/on TFHRC Home I FHWA Home I Feedba ~_ _...,.,__~¡>-o___ I¡¡"- '" ¡ f:,~ ;J~1It P b ,. R d jt'alurmJ{ dt'yt'lopml'nt'J ¡If F,órrtU r;f;:w.~ U , C 0 a S ;Uí:!tt>. in pl1li.'¡~'1-, pra/:'wmt, ami ~~-L~ rn('ar\ It "mil rah,w/(),&} -. !~ ',... ".. ~.", .. -'_'Ii ARTICLES DEPARTMENTS Guest Editorial Along the Road Internet Watch Communication Product Updates Training Update Conferences! Special Events Calendar July/August 2004 . Vol. 68 . NO.1 July/August 2004 Megaproject Procurement: Breaking from Tradition by Gerald Yakowenko Looking beyond design-bid-build to find another project delivery method that's right for the megaproj ect. Previous Issues Subscriptions Public Roads Home Many factors determine the success of a major project. But one factor that is increasingly important is the selection of the best and most appropriate project delivery method or combination of methods-the system that sets the contractual arrangements for project design, construction, and in some cases, operations and maintenance. It is vital that megaproject managers establish an acquisition strategy early in project development because of the direct bearing on both the management's organization of roles and responsibilities and risk ownership allocation between the public and private sectors. URS CreatIve I'magmg G,rr;.uç..vEarl11 Tecf¡ The future Miami Intermodal Center, shown here from above, is the first major transportation project to use the construction manager-at-risk approach to project delivery. Although contracting agencies historically have required the use of the traditional project delivery method known as "design-bid-build," the tide is shifting. More innovative project delivery methods are finding their way into transportation 2/8/2005 Message Page 2 of 10 construction projects and changing how major projects are carried out. Under the traditional design-bid-build approach, the contracting agency, or its designated engineering cons ultant, designs the project and prepares the construction contract documents. The construction contract then is bid publicly and awarded to the lowest responsive bidder. Over time, some in the industry have raised concerns about the efficiency of this contracting method in terms of project cost, schedule, and productivity. In response, the Federal Highway Administration (FHW A) initiated an experimental program in 1990, called the Special Experimental Project No. 14 (SEP-14) Innovative Contracting Practices. This experimental program enables States to evaluate nontraditional contracting methods that are not in full compliance with FHWA's contracting policies but provide an open, competitive procurement. Under SEP-14, project owners seeking Federal aid may apply for approval to use nontraditional construction contracting techniques-methods of award other than the lowest responsive bid-to implement value-oriented procurement processes. Project Delivery Methods Several public agencies have applied nontradit ional project delivery methods to major projects in the United States by using this new flexibility in contracting practices. Two such methods are "design-build" and "construction manager-at- risk." Each of these delivery methods offers certain advantages and disadvantages in comparison with the traditional des ign-bid-build method. However, the appropria te use of a particular method will depend on many factors, including the project budget, schedule, ris k allocation, the contracting agency's level of expertise, and the ability of the owner to define the scope of work clearly. No single project delivery strategy is appropriate for all major projects, and contracting agencies should consider the merits of each method in relation to their project needs. (See "Kev Considerations in Selecting Proiect Delivery Methods".) Key Considerations in Selecting Project Delivery Methods There is no one-size-fits-all delivery method for every project. In selecting a project delivery system that is right for a project, owners should gauge the level of complexity and uniqueness of the project, and maintain an appropriate level of control. Below are some key factors to consider: · Size of Project. The more complex and costly a project, the greater the need for professional management and advice. · Owner Capabilities. Realistically assess in-house capabilities in evaluating project procurement methods and construction management capabilities. · Time Considerations. If the project needs to be constructed in a severely compressed timeframe, methods adaptable to fast-track construction should be considered, but also weighed against the increased cost and risk of fast tracking. · Likelihood of Changes. If the scope of work cannot be defined adequately or if requirements are likely to change considerably during the project, this factor should be evaluated against the potential cost of such changes. · Risk Allocation. The contracting agency should perform a study to 2/8/2005 Message Page 3 of 10 assess the appropriate allocation of risk associated with all phases of the project development process and the costs associated with this allocation. Although many owners have some experience in using design-build, this is a relatively new delivery system for most transportation agencies. Design-build uses a single contract for both the design and construction of a project. From the owner's perspective, the concept of having one firm responsible for both design and construction is appealing. On the other hand, the construction manager-at- risk method provides the contracting agency with the services of a construction management firm that will typically provide recommendations for the project schedule, budget, and constructability during the design phase. In addition, the contracting agency and the construction manager typically agree on a guaranteed maximum price for the construction of the project and then the construction manager becom es responsible for issuing subcontracts and managing all construction, just as a prime contractor would under the traditional design-bid-build method. Both alternatives allow construction to start as the design proceeds and can reduce project cost and duration. FDOT Dfstf1ct Six! Earth Tech This panoramic photo shows the future site of the rental car facility that will be one component of the MIC project in Miami- Dade County, FL. The facility represents work that will be completed under the first contract packag e, using the construction manager-at-risk delivery method. Sticking to Tradition The traditional design-bid-build method is the most popular project delivery system. It is intended to minimize risk to the contractor by defining all of the construction requirements in the plans, specifications, and contract documents. In this method, the project owner may contract with a consulting engineering firm to design the complete facility and prepare t he contract documents. The contracting agency then solicits bids and awards a construction contract to the lowest responsive bidder. Because of its wide use and acceptance, the traditional des ign-bid-build system is well understood with well-established and clearly defined roles for the contracting agency and the contracting industry. The design-bid-build method was used in the Nation's first megaproject, Boston's Central ArteryITunnel (CAIT or the "Big Dig") Project. Managed by the Massachusetts Turnpike Authority, the project now totals $14.6 billion and is in its 13th year of construction. The Big Dig's major com ponents include: . Replacement of the 6-lane elevated highway with an 8- to 10-lane underground ex pressway directly beneath the existing road, culminating at its northern limit in a 14-lane, 2-bridge crossing of the Charles River. . Extension of Interstate 90 (the Massachusetts Turnpike) from its former terminus south of downtow n Boston through a tunnel beneath South Boston and Boston Harbor to Logan Airport. "When the preliminary engineeri ng on the Big Dig started in the 1980s, the 2/8/2005 Message Page 4 of 10 Massachusetts Highway Department had strict bidding requirements governed by Massachusetts law," says Carl Gottschall, project administrator at FHWA's Massachusetts Division Office. "Design-bid-build was our only option for project delivery-but that's not to say that it wasn't the right one." The Central Artery/I-93 in Boston, shown here, carried 190,000 vehicles per day, two and half times its original capacity. The Central Artery/Tunnel Project which replaces the elevated highway with a tunnel is the Nation's first transportation megaproject. The project team is using the traditional desig n-bid-build method of delivery . Located in the downtown of an old city, the Big Dig is "one of the most technically difficult and environmentally challenging infras tructure projects ever constructed, " says Gottschall. Over time, the project's scope, cost, and schedule expanded considerably from original estimates, and the environmental review process took roughly 10 years. Inflation also added a considerable amount to the project cost over the more than 20-year period it is taking to complete the project. Given the value of the properties that were in the paths of the new roads, project development engineers worked not only with environmental and other oversight and permitting agencies, but also with community groups, businesses, and political leaders to create consensus on how the project could, should, and would be built. "Overall, I think that design-bid-build was the most cost-effective project delivery method, given that the project was so large and complex," says Gottschall. "Building such infrastructure within a dense urban core-where extensive changes in project scope were inevitable-would have made it almost impossible to pin down a price upfront." Michael Lewis, director of the design unit for the CAIT project, agrees: "Design- bid-build provided the owner with flexibility to modify the project in response to environmental, political, and community issues." He adds, "A contractor would 2/8/2005 Message Page 5 of 10 have found it very difficult to react to such intrusions." Despite the greater rigidity of that approach, design-bid-build provided enough room to expedite the project schedule and allow innovative design. The Massachusetts Turnpike Authority was successful in im plementing a value engineering program for various phases of the project development. Innovations were proposed and evaluated based on merit (that is, cost, schedule, and quality). In addition, value engineering change proposals, submitted by construction contractors, also contributed to improved quality and cost savings. "Still," says Lewis, "while design-bid-build didn't close the door on innovation, there may have been opportunities for additional innovat ion using alternative project delivery systems." According to Lewis, certain segments-such as those that were particularly challenging from a technical perspective-could have benefited from a different style of delivery. Likewise, since the interface between design and construction was so important, increased collaboration between the design and contracting communities might have led to more efficient solutions. Lewis notes that other project delivery methods require less hands-on management by the owner and less mediation of the disputes that often arise between des igners and constructors. "Overall, design-bid-build was the right solution for the project as a whole," says Lewis, "but we would have benefited if the whole spectrum of delivery options had been available to us to use on individual project components with unique challenges." Another Option: Design-Build With the design-build project delivery method, the project owner selects an organization to com plete both design and construction under a single contract. Specifically, once the contracting agency identifies the end result parameters and establishes the design criteria, the prospective design-builders develop proposals that optimize their construction abilities. The contracting agency then typically conducts a best value analysis, based on cost and technical factors, such as design quality, timelines, and management capability. Once the contract is awarded, the design-builder becomes responsible for completing the design and all construction at the contract's fixed price, usually on alum p sum basis. The design-build contracting method enabled the contractor for Utah's 1-15 project to incorporate innovative building techniques such as mechanically stabilized earth (MSE) walls, like the one shown here. MSE walls afforded flexibility, 2/8/2005 Message Page 6 of 10 given the expected amount of settlement under embankments and fills. Design-build enables owners to fix total project costs earlier in the project development process and may simplify and expedite project administration because des ign and construction are completed by a single entity. By fostering collaboration between designers and contractors, construction knowledge can be incorporated into design. Additionally, by giving the contractor more flexibility in the selection of design, materials, and construction methods, this method allows the design-builders to provide innovation in the preliminary design. The first major project to seek and win SEP-14 approval to use design-build was the Interstate 15 Corridor Reconstruction Project (1-15 Project) in Salt lake City, UT. This $1.59 billion project included the reconstruction and expansion of 27 kilometers (17 miles) of interstate, 144 bridges, and 3 major interchanges. Originally, a consulting firm hired by the Utah Department of Transportation (UDOT) estimated that the project would require betw een 8 and 10 years to construct using the design-bid-build contracting method. Six years later, in January 1996, after opinion surveys had indicated that the public preferred timelier construction (with more traffic disruption in less time rather than less traffic disruption over more time), and after Salt lake City had been awarded the 2002 Winter Olympic Games, UDOT decided to use design-build instead. "Utah needed to shorten the overall project duration and also hoped to promote innovation and improved performance," says Michael Morrow, field operations engineer at FHWA. "Design-build appeared to be the only contracting tool to get the job done." UDOT provided proposers with "30-percent plans "-meaning that the entire job was designed to the 30-percent draft stage-which included alignment of the 1- 15 Project and extensive geotechnical investigations. This work enabled UDOT to identify conflicts with utilities and railroad s and determine the additional right- of-way clearances that would be needed. The agency selected the team whose proposal was considered to be the best value. "The best value selection process allowed UDOT to select the proposal that would create the most long-term value for its constituency," says Thomas Warne, former executive director of UDOT during the construction of the 1-15 Project and current president of a management and marketing consulting firm. "The process creates an environment where contractors provide addit ional or enhanced work products for an equal or lower price." In 1997, after the State obtained aim ost 400 right-of-way clearances and passed special legislation to use design-build, the project was awarded to a joint venture design-build firm. To provide appropriate design services for the 1-15 Project, the contractor subcontracted with more than 20 other firms to provide specific portions of the design services. To expedite construction, the contractor used a fast-track process that allowed partially completed design plans and specifications to be released for construction. The design-builder also was able to incorporate more innovative approaches into design and construction than would have been used under the traditional project delivery system. 2/8/2005 Message Page 7 of 10 ~ ~ ~ l:: h ;;j I;.. èt Õ è ? I An artist"s rendering of the central station at the future Miami Intermodal Center shows a train passing through on the Earlington Heights Extension of Miami"s Metrorail. The center links bus lines, Tri-Rail (commuter rail), and Amtrak®, along with Metrorail. Early in the planning process, the architect, engineers, contractor, and owner (FDOT) agreed on the budget, schedule, quality, and other factors-like the type of metal to use in the roof of the train station-to avoid unexpected surprises once the project is underway. "Design-build unleashed the creativity of the contractor to use construction methods previously not considered," says UDOT Executive Director John Njord. The company improved the seismic design criteria, for example, "and used new techniques to accelerate, reduce, or eliminate settlement," says Njord. In the end, the 1-15 Project was completed ahead of schedule and under budget. Use of design-build instead of design-bid-build saved the public an estimated 60 million vehicle hours of delay between 1996 and 2010. "For the 1-15 Project, design-build was clearly the right choice," says Njord. "UDOT gained a higher level of respect from the public by completing the work ahead of schedule and under budget." Although design-build was right for the 1-15 Project, it is not necessarily right for every project. Some projects, such as those with major unknow ns in scope, unresolved environmental or permitting issues, or third party concerns that are not resolved, may not be suitable candidates for design-build. "Design-build isn't for every project," says Warne. "But where there are schedule issues, opportunities for innovation, or cost concerns, design-build may be the delivery system of choice." The design-build project delivery method currently is available as an approved method for all contracting agencies in the Federal-Aid Highway Program. New regulations released by FHWA in December 2002 now allow the use of design- build contracting for transportation infrastructure projects. FHW A's final rule on design-build contracting, which was required by the Transportation Equity Act for the 21st Century (TEA-21), was published in the December 10, 2002, Federal Register. TEA-21 defined "qualified projects" as those whose total estimated costs exceed (1) $5 million for intelligent transportation system projects and (2) $50 million for all other projects. In the final rule, FHW A allows contracting agencies to use design-build for nonqualified projects under SEP-14, and the FHWA division offices are delegated this approval authority. 2/8/2005 Message Page 8 of 10 Construction Manager-at-Risk A third project delivery method, construction manager-at-risk (CM@Risk) is widely used in the vertical building industry but seldom used in transportation projects. In the CM@Risk delivery system, the construction manager prov ides advisory assistance to the owner prior to construction and also acts as a general contractor during construction. In the preliminary design phase, the manager offers advice on schedule, budget, and construction. The agency chooses a construction manager using qualifications-based selection procedures. Choosing a manager typically takes place at the same time or shortly after the contracting agency selects the consulting engineerin g firm, which will perform the project design. During the design phases of the project, the construction manager represent s the interests of the owner, providing valuable recommendations on constructability and cost reduction opportunities. When the design is partially complete (typically 50 to 90 percent), the construction manager submits a guaranteed maximum price to the owner and warrants that the project will be built at a price not to exceed that figure. The construction manager ass umes the risk of meeting that price by functioning as a general contractor and subcontracting most, if not all, of the construction work. Because a commitment is made to the contractor earlier in the process and because the contractor assumes more risk than under traditional methods, upfront costs may be higher in comparison with the bid price of a traditional contract. Also, the contractual relationship between owner, designer, and construction manager can become strained once construction begins when the manager shifts from a professional advisory role of construction manager to the contractual role of general contractor. The first major project in which the construction manager-at-risk approach was implemented was the Florida Department of Transportation's (FDOT) Miami Intermodal Center (MIC) in Miami-Dade County. The MIC is a $1.35 billion multimodal center for the Miam i International A irport and includes: · A four-story rental car facility with spaces for approximately 6,500 vehicles, fleet storage capacity of approximately 3,500 vehicles, fueling and washing facilities, and customer service facilities. · A MIC "core" consisting of facilities to accommodate a bus depot, Tri-Rail (commuter rail), patron parking, an MIC-MIA connector station, Amtrak, Metrorail, and employee services. · Roadway improvements, including drainage, lighting, and MIC terminal access roadways. "With construction manager-at-risk, FDOT was able to select the construction manager on qualifications-based criteria, not just cost," says Kouroche Mohandes, FDOT's MIC program manager. "This provided FDOT with the widest latitude to coordinate quality horizontal and vertical construction, which the MIC required." The State agency selected construction manager-at-risk so that it could receive constructability input, uphold the project schedule, and control budget and costs. With CM@Risk, FDOT was able to form a project team early in the process and in a partnering env ironment, since the construction manager's advisory role fosters a more team-oriented approach. "By incorporating the contractor's perspective and input into planning and des ign decisions, we can reach early agreement on project features to expedite construction," says Andrew DeTizio, major projects engineer at FHWA's Florida Division. "This also helps improve project quality and contain costs." 2/8/2005 Message Page 9 of 10 After being granted SEP-14 approval to use CM@Risk, FOOT selected a construction management company in May 2001. Construction is packaged into several separate guaranteed maximum price contracts, the first two of which are now underway. Because the MIC is just getting started, any successes or lessons that may be learned from FOOT's experience with CM@Risk are not yet known. "Ultimately, construction manager-at-risk fosters teamwork between the architect/engineer, construction manager, and FOOT," says DeTizio. "We expect this teamwork to result in a better final product." Approval from FHWA's headquarters on SEP-14 is necessary for using the CM@Risk delivery mechanism. Since the selection of a construction manager (and ultimately the firm that provides construction services) is qualifications- based, FHW A requires contracting agencies to evaluate this technique under SEP-14. CM@Risk has applicability for vertical buildings and also may be appropriate for other types of transportation projects, such as intelligent transportation system projects. Additional Resources · "Briefing FHW A Initiatives to Encourage Quality Through Innovative Contracting Practices Special Experimental Projects NO.14 - (SEP-14)" www.fhwa.dot.gov/programadmin/contracts/sepa.htm · Utah State University's "Innovative Contracting" Web site www.ic.usu.edu · "AASHTO Joint Technical Committee on Design-Build" Web site http://design.transportation.org/dbreferences.htm I Going Forward The Big Dig, 1-15, and MIC megaprojects illustrate the diverse scenarios that warrant variations in project delivery methods. "It's an understatement to say that managing the design and construction of a megaproject is a very challenging undertak ing," says FHW A's Deputy Administrator J. Richard Capka. "The management and synchronization of a vast and complicated array of sequential and concurrent activities require a great deal of innovative planning to determine how the work will be packaged for the private sector team members to deliver." Having the flexibility to select from a variety of contracting tools provides owners with an opportunity to tailor design and construction to specific project needs and constraints. Although a major projec tis delivery method may not be the sole contributor to success, it is key to the efficient and effective integration of public and private sector talent in a manner that postures the project for ultimate success. Gerald Yakowenko is the leader for the Contract Administration Group in the Office of Program Administration at FHWA Headquarters. For more information, contact Gerald Yakowenko at 202-366-1562 or ç¡erald. vakowenko@fhwa.dot. gov. 2/8/2005 Message OFHWA 2/8/2005 Page 10 of 10 Other Articles in this issue: Megaproiects - They Are a Different Breed Great Expectations Buildina Public Trust The Life Cycle Continuum From Highways to Skyways and Seaways - the Intermodal Challenae Reducina Uncertainty Accounting for Meaaproiect Dollars Megaproject Procurement: Breaking from Tradition Sharina Experiences and Lessons Learned A Well-Conceived Plan Will Pull It All Toaether TFH RC Home I FHW A Home I Feedback United States Department of Transportation - Federal Highway Administration July/August 2004 . Vol. 68 . No.1