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08-31-99 Special/Worshop CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL MEETING & BUDGET WORKSHOP - AUGUST 31~ 1999 6:00 P.M. - FIRST FLOOR CONFERENCE ROOM The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. SPECIAL MEETING AGENDA (1) INTERLOCAL AGREEMENTS WITH PALM BEACH COUNTY/WEED & SEED PROGRAM: Consider approval of two interlocal agreements with Palm Beach County to (1) transfer to the City Police Department the Countywide Administrative Component of the Weed & Seed Program from the Sheriff's Office effective September 25, 1999, and (2) provide for grant funding reimbursement from the County to the City for the salaries, benefits and office expenses for this program. 2) FY 2000 TENNIS CENTER RATES: Consider approval of the proposed FY 2000 rates for the Municipal Tennis Center. 3) FY 2000 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 2000 maximum rates for the Municipal Golf Course. 4) FY 2000 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2000 maximum rates for the Lakeview Golf Course. 5) POLICY CHANGES FOR LAKEVIEW GOLF COURSE: Consider approval of proposed policy changes related to league play at the Lakeview Golf Course. 6) EMERGENCY BID AWARD/AIR CONDITIONING UNIT FOR POMPEY PARK: Consider approval of an emergency bid award in the amount of $10,815 to Atlantic Refrigeration for the emergency purchase of a Carrier 5-ton air conditioning unit for Pompey Park Recreation Center, with funding from 334-6112-519-62.10 (General Construction Fund - R&R Buildings). WORKSHOP AGENDA (1) FY 2000 Budget (2) Commission comments. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL MEETING - AUGUST 31, 1999 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM A~VDA ADD~.~VDI4M THE SPECIAL MEETING AGENDA IS AMENDED BY ADDING THE FOLLOWING: (7) SERVICE AUTHORIZATION #5/DIGBY BRIDGES MARSH & ASSOCIATES (TENNIS CENTER PHASE IV): Consider approval of' Service Authorization #5 in the amount of $13,000.00 with Digby Bridges Marsh & Associates for design and architectural services related to the Tennis Center Courts Modification project (Phase IV), with funding from 334-6111-519-62.10 (Capital Outlay- Buildings) from FY 2000 budget. S/City Clerk/Addendum.8/31/99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # - SPECIAL MEETING OF AUGUST 31r 1999 SERVICE AUTHORIZATION #5/DIGBY BRIDGES MARSH & ASSOCIATES (TENNIS CENTER PHASE IV) DATE: AUGUST 31, 1999 This is before the City Commission to consider approval of Service Authorization #5 in the amount of $13,000.00 with Digby Bridges Marsh & Associates for design and architectural services related to the Tennis Center Courts Modification project (Phase IV) . The scope of the project includes the resurfacing of the ex±sting hard tennis courts, converting the stadium center court to a hard surface, checking the lighting of the existing hard courts, and increasing the lighting on court 4. These improvements are part of the City's obligation pursuant to our agreement with Match Point, Inc. The project is included in the FY 2000 capital program. Funding will be from 334-6111-519-62.10 (Capital Outlay - Buildings). Recommend approval of Service Authorization #5 with Digby Bridges Marsh & Associates. Ref :Agmemol6. ServiceAuth. 95. DigbyBridges. TennisCenter IMPORTANT DATES 2 July 1999 Sub Rezoning Conditional Use & Rd Closure Apps. 31 July 1999 SPRAB Submittal due 16 Aug. 1999 P&Z Board Recomm, Approval 17 Aug. 1999 Commission 1~ Reading of 2 July Rezoning 7 Sept. 1999 Commission 2~ Reading of Rezoning 8 Sept. 1999 SPRABApproval 12 Sept. 1999 Advertise 30 Sept. 1999 Bid 19 Oct. 1999 Award of Contract 1 Nov. 1999 Notice to Proceed (NTP) 1 Feb. 2000 Completed EXCLUSIONS Soil tests Local government review (above normal review processes) Final application for building permit or permit fees Environmental Audits Compensation for additional Consultant services required by the Cliem shall be charged at Consultant's Cost. REIMBURSABLE EXPENSES Any out of pocket expenses incurred, including, but not limited to the following: long distance phone calls/fax, long distance travel, prints/reproductions, postage/delivery, permits, surveys, soil tests, and any form of testing will be billed to the Client at cost + 10%. Any major expenses to have the Client's approval prior to being incurred. AFTER ACCEPTANCE OF THIS PROPOSAL, THIS DOCUMENT BECOMES A LEGAL CONTRACT BETWEEN DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. AND THE CLIENT. City of Delray Beach Digby C. Bridges, President Date Date DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 5 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO. 99-004 (CITY) Digby Bridges, Marsh & Associates, P.A. TITLE: CITY OF DELRAY BEACH TENNIS CENTER MODIFICATIONS I. PROJECT DESCRIPTION Convert center court to a hard court and resurface. Resurface 4 existing hard courts and strip/resurface. Remove/adjust ramps to center court adjusting drainage accordingly. Supply windscreens for new #2, 94 existing. Court 94 (of existing hard courts) lighting to be upgraded to ATP standards. Liqhting: To be checked for ATP standards on courts #2,#3. New lights to ATP standard in court 4. If courts #1,92,#3 are found to be below the standard they will be brought up to ATP standard. NE court 91 lighting of the existing hard courts to be verified for ATP standards* *Court #1 is being checked for ATP standard, however, the consultants recall that this court was to Television Lighting Standard, which exceeds ATP standard. II. SCOPE OF SERVICES (A) The consultants will prepare all electricals. (B) The consultant will provide architectural construction administration and coordination services necessary for (A) above. (C) Consultant shall provide all services necessary to obtain approvals required, which may include, but not necessarily be limited to the following: City of Delray Beach Site Plan Review and Appearance Board City of Delray Beach Department of Environmental Services City of Delray Beach Building Department City of Delray Beach City Commission The consultant shall furnish all materials and make presentations to these governing bodies as required to obtain all necessary approvals. (D) Architect to assist in the bidding process and in coordinating Tennis Court contractor with the General Contractor (E) Architect to review all change orders prepared by the Contractor prior to the Owner's approval. III. BUDGET Compensation for services described above shall be a lump sum fee of $13,000.00 (Thirteen Thousand Dollars). Mode of payment shall be billed on a monthly basis and shall be billed in accordance with the hourly rates set out below. Compensation for additional services not included in this Contract shall be at the following rates: Principal $150.00 per hour Design $100.00 per hour Sr. Draftsman $ 70.00 per hour Jr. Draftsman $ 60.00 per hour Administrative $ 40.00 per hour EXCLUSIONS: Soil testing Local Government Process (above normal) Final application for building permit or permit fees REIMBURSABLES: Any out of pocket expenses incurred, including, but not limited to the following: long distance phone calls/fax, long distance travel, prints/reproductions, postage/delivery, permits, surveys, soil tests, and an form of testing will be billed to the Client at cost +10%. Any major expenses to have the Client's approval prior to being incurred. IV. COMPLETION DATE The completion date for the plans, contract documents and permit applications is 45 days from Notice to Proceed. V. SERVICE AUTHORIZATION This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: DIGBY BRIDGES, MARSH & ASSOC., CITY OF DELRAY BEACH: P.A. Date Date By: Jay Alperin Mayor Title: (Seal) Witness Witness Attest: BEFORE ME, the foregoing instrument, this day of , 1997 was acknowledged by Approved as to Legal on behalf of the Corporation Sufficiency and Form and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 1997. Notary Public State of Florida My Commission Expires: ' :-" ¥~::~ .......... -. , ~ ~ ............ ~ ............... . ATLANTIC AVENUE {~ Cl~ of DELRAY BEACH DELRAY BEACH mNNIS ~~ ~~ ~~ PHASE J V ~NNIS-PH.4 ~~A~~Y~ ~~ 99-059 MEMO To: David Harden, City Manager From: Richard Overman, Chief, Police Department ~ Date: August 25, 1999 Re: Transfer to the City of the Countywide Administrative Componem of the Weed and Seed Program ITEM BEFORE THE COMMISSION City Commission consideration to approve two Interlocal Agreemems with the Palm Beach County, Board of County Commissioners, Florida, to: 1) transfer the Countywide Administrative Component of the Palm Beach County Weed and Seed Program fi.om the Palm Beach County Sheriff's Office to the City's Police Department effective September 25, 1999; and 2) provide for grant funding reimbursement fi.om the County to the City for the salaries, benefits, and office expenses for this Progran~ The following provides a summary of the items included in these Interlocal Agreements: 1) The transfer and creation in accordance with City policies, of six staff positions. The following five positions will be paid through existing grant funds that expire September 30, 2000: Executive Director, Assistant Manager, Fiscal Analyst, Community Rehabilitation Coordinator, and Administrative Secretary. The sixth position, a Recreation Program Coordinator, is contingent upon future grant funding. These six position shall be given the following accommodations by the City: a. The City shall accept the job titles, hire dates, and salaries as they are at the Palm Beach County Sheriff's Office; and b. The City shall provide benefits as allocated to any other full-time City employee; and c. The City shall accept the employees with their probationary periods already served during their employment with the Program; and d. The City shall allow the employees to transfer accrued sick and vacation balances. 2) An Agreement with the Board of County Commissioners (BCC) for up to $300,000 in 1998-2000 Local Law Enforcemem Block Grant funds and interest to reimburse the City for all expenses incurred relating to the Countywide Administrative Component of the Weed and Seed Program through FY00; 3) The City shall serve as the fiscal agent for the Countywide Administrative Component of the Weed and Seed Program; and 1 4) The Program staff shall be under the jurisdiction of the Police Departmem and the Program's Executive Director shall report directly to the Chief of Police. BACKGROUND The Palm Beach County Board of County Commissioners (BCC) through its Criminal Justice Commission (CJC) created the Palm Beach County Weed and Seed Program on September 12, 1993 as a countywide initiative to address the deterioration of neighborhoods caused by violent crime and drag trafficking. The CJC sought and received site designation and federal funding for two Weed and Seed Program sites in the Cities of Riviera Beach and West Palm Beach, and has a vested interest in the Program. The Weed and Seed Steering Committee has chosen an area within the City of Delray Beach for the creation of a third site. The Program is adopting a new approach in order to coordinate sites across the County. This new approach will provide for a Countywide Administrative Component that will hopefully later be established as a non-profit corporation for the purpose of idemifying, planning and implememing new sites and sustaining existing sites. Each city that currently has, or wishes to create in the future, a Weed and Seed site, will be responsible for receiving approval from the Weed and Seed Steering Committee and administering 'their grants including, hiring and/or designating the appropriate staff and resources for the Program. To effectuate this new approach and to assist the City of Delray Beach in the establishmem of the third Weed and Seed site, the CJC and the Weed and Seed Steering Committee have recommended the Countywide Administrative Component of the Program be transferred from the Palm Beach County Sheriff's Office to the City of Delray Beach to act as fiscal agent, until such time that the non-profit corporation could be developed. The Palm Beach County Sheriff's Office and the Executive Office for Weed and Seed have agreed to this transfer. This transfer is comingem upon BCC approval which is scheduled for September 28, 1999. RECOMMENDATION Staff recommends approval of the Interlocal Agreement. Attachment I INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND THE CITY OF DELRAY BEACH, FLORIDA THIS INTERLOCAL AGREEMENT is entered into this 28th day of September, 1999 by and between the Board of County Commissioners, Palm Beach County, Florida (herein referred to as the 'COUNTY'), and the City of Delray Beach (herein referred to as the 'CITY'), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, Section 163.01 of the Florida Statutes, known as the 'Florida Interlocal Cooperation Act of 1969,' authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Board of County Commissioners through its Criminal Justice Commission (CJC) created the Palm Beach County Weed and Seed Program on September 12, 1993 as a countywide initiative to address the deterioration of neighborhoods caused by violent crime and drug trafficking; and WHEREAS, the CJC sought and received site designation and federal funding for two Weed and Seed Program sites in the Cities of Riviera Beach and West Palm Beach, and has a vested interest in the Program; and WHEREAS, the Weed and Seed Steering Committee has chosen an area within the CITY of Delray Beach for the creation of a third site; and WHEREAS, the CJC recommended the administration of the Program be transferred from the CJC to the Palm Beach County Sheriff's Office (PBSO) and the COUNTY approved such transfer on September 16, 1997; and WHEREAS, the Program is adopting a new approach in order to coordinate sites across the County. This new approach will provide for a Countywide Administrative Component that will hopefully later be established as a non-profit corporation for the purpose of identifying, planning and implementing new sites and sustaining existing-sites; and Page 1 of 5 Pages WHEREAS, each city that currently has, or wishes to create in the future, a Weed and Seed site, will be responsible for receiving approval from the Weed and Seed Steering Committee and for administering their grants, including hiring and/or designating the appropriate staff and resources for the Program; and WHEREAS, to effectuate this new approach, the PBSO, the CJC, and the Weed and Seed Steering Committee recommend that the management, operations and staff of the Countywide Administrative Component of the Program be transferred from the PBSO to the CITY; and WHEREAS, the CITY and the Executive Office for Weed and Seed have agreed to this transfer; and WHEREAS, the PBSO now believes that it is in the best interests of Palm Beach County, Florida, and the Program that PBSO transfer the responsibility for the Countywide Administrative Component of the Program to the CITY; and WHEREAS, following such transfer, the CITY shall serve as the fiscal agent for the Countywide Administrative Component of the Program. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: SECTION 1. PURPOSE This Agreement transfers the responsibility for the management, operations and staff of the Countywide Administrative Component of the Weed and Seed Program from the PBSO to the CITY so that the CITY shall serve as the fiscal agent for the Program. SECTION 2. TRANSFER OF RESPONSIBILITY A. Effective 12:01 a.m. September 25, 1999 Palm Beach County and the Palm Beach County Sheriff's Office transfer all responsibility for the management, operations and staff of the Countywide Administrative Component of the Weed and Seed Program to the CITY, which by entering into this agreement accepts said transfer; B. As a result of this transfer, the CITY agrees to create, in accordance with its policies, six staff positions. The following five positions will be paid through existing Local Law Enforcement Block (U.S. Department of Justice) grant funds that expire September 30, 2000: Executive Director, Assistant Manager, Fiscal Analyst, Community Rehabilitation Coordinator, and Administrative Secretary. The sixth position, a Recreation Program Coordinator, is contingent upon future grant funding. These six position shall be given the following accommodations by the CITY: 1. The CITY shall accept the job titles, hire dates, and salaries as they currently exist with the Palm Beach County Sheriff's Office; and Page 2 of 5 Pages 2. The CITY shall provide benefits as allocated to any other full-time CITY employee; and 3. The CITY shall accept the employees with their probationary pedods already served during their previous employment with the Weed and Seed Program; and 4. The CITY shall allow the employees to transfer accrued sick and vacation balances. C. The CITY shall serve as the fiscal agent for the Countywide Administrative Component of the Weed and Seed Program; and D. The Program staff shall be under the jurisdiction of the Police Department and the Program's Executive Director shall report directly to the Chief of Police. ,SECTION 3. GENERAL TERMS AND CONDITIONS The COUNTY, the Sheriff's Office, and the CITY agree to be govemed by this Agreement, as well as applicable State and Federal laws, rules and regulations. SECTION 4. LIABILITY A. The CITY as a state agency agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortious acts which result in claims or suits against the COUNTY and agrees to be liable to the limits set forth in Section 768.28, Florida Statutes, for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY 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. B. The COUNTY, as a political subdivision of the State, agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortious acts which result in claims or suits against the CITY, and shall be liable to the limits set forth in Section 768.28, F.S. for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the COUNTY to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of any contract. SECTION 5. NOTICE AND CONTACT A. All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below. Page 3 of 5 Pages For the COUNTY: Ms. L. Diana Cunningham, Executive Director Criminal Justice Commission ~ 301 N. Olive Ave., Suite 1001 West Palm Beach, Florida 33401 For the CITY: Ms. Regenia Scott, Executive Director Palm Beach County Weed and Seed Program Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444 For the Sheriff's Office: Mr. Billy Riggs, Director of Administration Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, FL 33406 SECTION 6. ENTIRETY OF AGREEMENT The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. SECTION 7. INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of this Agreement shall have no effect upon the validity of any other part or portion hereof. SECTION 8. VENUE To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. SECTION 9. ATTORNEY'S FEES Any costs or expenses (including reasonable attomey's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, however, this clause pertains only to the parties to this Agreement. SECTION 10. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the Palm Beach County Sheriff's Office, the COUNTY, or the CITY. Page 4 of 5 Pages SECTION 11. EQUAL OPPORTUNITY PROVISION The CITY agrees that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of, or be subjected to, any form of discrimination under any activity carried out by the performance of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ATTEST: CITY: DELRAY BEACH, FLORIDA By:. By: Print Name: Print Name: Title: Title: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN By:~ By: Deputy Clerk Chair PALM BEACH COUNTY SHERIFF'S OFFICE By: Sheriff APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney Page 5 of 5 Pages Attachment I INTERLOCAL AGREEMENT BE'rlNEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND THE CITY OF DELRAY BEACH, FLORIDA THIS INTERLOCAL AGREEMENT is entered into this 28th day of September, 1999 by and between the Board of County Commissioners, Palm Beach County, Florida (herein referred to as the ~COUNTY@), and the City of Delray Beach (herein referred to as the ~CITY~), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH; WHEREAS, Section 163.01 of the Florida Statutes, known as the ~Florida Interlocal Cooperation Act of 1969,@ authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the COUNTY through its Criminal Justice Commission (CJC) administers the Local Law Enforcement Block Grant (LLEBG); and WHEREAS, the purpose of the LLEBG is to provide local units of government with funds to underwrite projects to reduce crime and improve public safety and on July 21, 1998, the COUNTY approved expenditures of these funds within the seven mandated purpose areas; and WHEREAS, the COUNTY'S CJC sought and received site designation and federal funding for two Weed and Seed Program sites in the Cities of Riviera Beach and West Palm Beach, and has a vested interest in the Program; and WHEREAS, the Weed and Seed Steering Committee has chosen an area within the CITY for the creation of a third site; and WHEREAS, the Program is adopting a new approach in order to coordinate sites across the County. This new approach will provide for a Countywide Administrative Component that will hopefully later be established as a non-profit corporation for the purpose of identifying, planning, and implementing new sites and sustaining existing sites; and Page I of 5 Pages WHEREAS, on the recommendation of the CJC, the Palm Beach County Sheriffs Office, and the Weed and Seed Steering Committee, the current Countywide Administrative Component of the Program is being transferred from the Sheriff's Office to the CITY in order to assist the CITY on the creation of their Weed and Seed site and for the CITY to act as fiscal agent, until such time that the non-profit corporation for the Countywide Administrative Component can be developed; and WHEREAS, the COUNTY, through the use of the federal LLEBG funds appropriated for this use, will reimburse the CITY for the salary, benefits, and office expenses, up to the amount of $300,000 from September 25, 1999 through September 30, 2000, for the Countywide Administrative Component of the Program. A copy of the budget is attached as Exhibit 'A" and by this reference incorporated herein; and NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: SECTION 1. PURPOSE 1. The CITY agrees that it shall serve as the fiscal agent for the Countywide Administrative Component of the Weed and Seed Program. The COUNTY agrees to reimburse the CITY from federal LLEBG funds for the salaries, benefits, and office expenses for the Program in a total amount not to exceed Three Hundred Thousand Dollars ($300,000) which payment shall constitute the entire financial obligation on behalf of the COUNTY for the period commencing on September 25, 1999 and terminating on September 30, 2000 as contained in Exhibit 'A" incorporated herein by reference. 2. This Agreement shall be effective as of the twenty-fifth day of September 1999 and shall terminate the thirtieth day of September 2000, unless otherwise terminated as herein provided. 3. The CITY shall submit quarterly invoices to the COUNTY which will include a reference to this Agreement, identify the project and identify the amount due and payable to the CITY. Invoices shall be itemized in sufficient detail for prepayment audit thereof. The CITY shall supply any further documentation deemed necessary by the COUNTY. Invoices received from the CITY will be reviewed and approved by the COUNTY'S CJC Executive Director, indicating that expenditure has been made in conformity with this Agreement and then will be sent to the COUNTY's Finance Department for payment. SECTION 2. GENERAL TERMS AND CONDITIONS A. Both the COUNTY and the CITY agree to be governed by this Agreement, as well as applicable State and Federal laws, rules and regulations including those related to the Local Law Enforcement Block Grant. B. Modification of this Agreement may be requested by either party. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly Page 2 of 5 Pages signed by each party and attached to the original Agreement. SECTION 3. LIABILITY A. The CITY as a state agency agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortious acts which result in claims or suits against the COUNTY and agrees to be liable to the limits set forth in Section 768.28, Florida Statutes, for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY 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. B. The COUNTY, as political subdivision of the State, agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, shall be fully responsible for its own negligent acts or omissions or tortious acts which result in claims or suits against the CITY, and shall be liable to the limits set forth in Section 768.28, F.S. for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the COUNTY to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of any contract. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. SECTION 4. TERMINATION This Agreement may be terminated without cause by either party to this Agreement upon one hundred eighty (180) days written notice to the other party. SECTION 5. NOTICE AND CONTACT A. All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand or by first class, certified mail, retum receipt requested, to the representatives identified below at the address set forth below. For the COUNTY: Ms. L. Diana Cunningham, Executive Director Criminal Justice Commission 301 N. Olive Ave., Suite 1001 West Palm Beach, Florida 33401 For the CITY: Ms. Regenia Scott, Executive Director Palm Beach County Weed and Seed Program Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33~.~?. Page 3 of 5 Pages SECTION 6. ENTIRETY OF AGREEMENT The parties agree that this ^greement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. SECTION 7. INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of this Agreement shall have no effect upon the validity of any other part or portion hereof. SECTION 8, VENUE To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. SECTION 9. ATTORNEY=S FEES Any costs or expenses (including reasonable attomey=s fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, however, this clause pertains only to the parties to this Agreement. SECTION 10. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the COUNTY and CITY. SECTION 11. EQUAL OPPORTUNITY PROVISION The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of, or be subjected to, any form of discrimination under any activity carried out by the performance of this Agreement. Page 4 of 5 Pages IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ~ ATTEST: CITY: DELRAY BEACH, FLORIDA By: By: _ Print Name: Print Name: Title: Title: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN By: By: Deputy Clerk Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney Page 5 of 5 Pages CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL MEETING - AUGUST 31, 1999 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM AM~ffD~D A~DA ADD~ffD~ THE SPECIAL MEETING AGENDA IS AMENDED BY ADDING THE FOLLOWING: (7) SERVICE AUTHORIZATION #5/DIGBY BRIDGES MARSH & ASSOCIATES (TENNIS CENTER PHASE IV): Consider approval of Service Authorization #5 in the amount of $13,000.00 with Digby Bridges Marsh & Associates for design and architectural services related to the Tennis Center Courts Modification project (Phase IV), with funding from 334-6111-519-62.10 (Capital Outlay- Buildings) from FY 2000 budget. (8) SETTLEMENT OFFER/TATE: Consider approval of a settlement offer in the referenced matter. S/City Clerk/Addendum.8/31/99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # - SPECIAL MEETING OF AUGUST 31r 1999 SERVICE AUTHORIZATION #5/DIGBY BRIDGES M~RSH & ASSOCIATES (TENNIS CENTER PHASE IV) DATE: AUGUST 31, 1999 This is before the City Commission to consider approval of Service Authorization %5 in the amount of $13,000.00 with Digby Bridges Marsh & Associates for design and architectural services related to the Tennis Center Courts Modification project Phase IV). The scope of the project includes the resurfacing of the existing hard tennis courts, converting the stadium center court to a hard surface, checking the lighting of the existing hard courts, and increasing the lighting on court 4. These improvements are part of the City's obligation pursuant to our agreement with Match Point, Inc. The project is included in the FY 2000 capital program. Funding will be from 334-6111-519-62.10 (Capital Outlay - Buildings). Recommend approval of Service Authorization #5 with Digby Bridges Marsh & Associates. Ref:Agmemol6. ServiceAuth. %5. DigbyBridges. TennisCenter I . O City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden . FROM: Randa, L. Krejcarek, P.E. ~/~ DATE: 31 Aug 1999 SUBJECT: Tennis Center Expansion, Phase IV Design Service Authorization #5 Digby Bridges, Marsh, & Assoc., P.A.. Project #99-059 The attached agenda item is for Commission approval/authorization for Mayor to execute Service Authorization #5 from Digby Bridges, Marsh, & Associates, P.A. This Service Authorization is for the resurfacing of the existing hard tennis courts, converting the center court to a hard surface, and checking the lighting of the existing hard courts at the Delray Beach Tennis Center. These improvements are part of the City's obligation from the agreement between the City and Match Point, Inc. This project is included in the FY 1999/2000 capital program. Total cost for this Service Authorization is $13,000.00. Funding from Account~;53~i-~lt~-.~c{_ b~.,~ Tennis Center_. (map attached) enc. cc Richard Hasko, P.E., Acting Director of Environmental Services file S:~ngAdmin~Projects~99~99-O5910FFICIAL ~agendaO2mem.doc DIGBY BRIDGES, MARSH 8: ASSOCIA S, P.A. 13 August 1999 CHARTERED ARCHITECTS · PLANNERS · INTERIOR DESIGNERS PROPOSAL FOR PROFESSIONAL SERVICES PROJECT DESCRIPTION We are pleased to submit this proposal to provide architectural services for the TENNIS CENTER COURTS MODIFICATION - PHASE IV, for the City of Delray Beach, FL. PROFESSIONAL FEES Mechanical/Electrical/Plumbing Engineer (Teele & Associates) $ 7,000.00 ** Architect (Digby Bridges,Marsh & Assoc) $ 6,000.00 TOTAL $13,000.00 ** $4500 to check lights of#2,#3 and #1 for ATP and to light//4 $2500 extra if#2 and #3 need to be upgraded. All the above to include the following: - Preparation of Construction Documents - Assist in the bidding process - Assist in the Construction process - On site inspections and as-builts - Program to be followed as per City Engineering - Attend all necessary meetings as requested by Owner, and site visits during the construction period - Architect to review all change orders prepared by the Contractor prior to the Owner's approval - Architect will assist in coordinating Tennis Court contractor with the General Contractor Services shall be billed at the following hourly rates: Principal $150.00 per hour Design $100.00 per hour Sr. Draftsman $ 70.00 per hour Jr. Draftsman $ 60.00 per hour Administrative $ 40.00 per hour Mode of payment shall be on a monthly basis and shall be billed in accordance with the hourly rates set out above. 124 N.£. Fifth Avenue, Delray Beach, Florida 33483 407/278-1388 Palm Beach: 736-5866 Fax: 407/278-7841 DCB #AR0008'38 MM #AROOOqO30 DIt~I~. #AACOOOS06 IMPORTANT DATES 2 July 1999 - Sub Rezoning Conditional Use & Rd Closure Apps. 31 July 1999 - SPRABSubmittaldue 16 Aug. 1999 - P&Z Board Recomm. Approval 17 Aug. 1999 - Commission 1st Reading of 2 July Rezoning 7 Sept. 1999 - Commission 2~ Reading of Rezoning 8 Sept. 1999 - SPRABApproval 12 Sept. 1999 - Advertise 30 Sept. 1999 - Bid 19 Oct. 1999 - Award of Contract 1 Nov. 1999 - Notice to Proceed (NTP) 1 Feb. 2000 - Completed EXCLUSIONS Soil tests Local government review (above normal review processes) Final application for building permit or permit fees Environmental Audits Compensation for additional Consultant services required by the Client shall be charged at Consultant's Cost. REIMBURSABLE EXPENSES Any out of pocket expenses incurred, including, but not limited to the following: long distance phone calls/fax, long distance travel, prints/reproductions, postage/delivery, permits, surveys, soil tests, and any form of testing will be billed to the Client at cost + 10°/3. Any major expenses to have the Client's approval prior to being incurred. AFTER ACCEPTANCE OF THIS PROPOSAL, THIS DOCUMENT BECOMES A LEGAL CONTRACT BETWEEN DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. AND THE CLIENT. City of Delray Beach Digby C. Bridges, President Date Date DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 5 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO. 99-004 (CITY) Digby Bridges, Marsh & Associates, P.A. TITLE: CITY OF DELRAY BEACH TENNIS CENTER MODIFICATIONS I. PROJECT DESCRIPTION Convert center court to a hard court and resurface. Resurface 4 existing hard courts and strip/resurface. Remove/adjust ramps to center court adjusting drainage accordingly. Supply windscreens for new #2, #4 existing. Court #4 (of existing hard courts) lighting to be upgraded to ATP standards. Lightinq: To be checked for ATP standards on courts #2,#3. New lights to ATP standard in court 4. If courts #1,#2,#3 are found to be below the standard they will be brought up to ATP standard. NE court #1 lighting of the existing hard courts to be verified for ATP standards* *Court #1 is being checked for ATP standard, however, the consultants recall that this court was to Television Lighting Standard, which exceeds ATP standard. II. SCOPE OF SERVICES (A) The consultants will prepare all electricals. (B) The consultant will provide architectural construction administration and coordination services necessary for (A) above. (C) Consultant shall provide all services necessary to obtain approvals required, which may include, but not necessarily be limited to the following: City of Delray Beach Site Plan Review and Appearance Board City of Delray Beach Department of Environmental Services City of Delray Beach Building Department City of Delray Beach City Commission The consultant shall furnish all materials and make presentations to these governing bodies as required to obtain all necessary approvals. (D) Architect to assist in the bidding process and in coordinating Tennis Court contractor with the General Contractor (E) Architect to review all change orders prepared by the Contractor prior to the Owner's approval. III. BUDGET Compensation for services described above shall be a lump sum fee of $13,000.00 (Thirteen Thousand Dollars). Mode of payment shall be billed on a monthly basis and shall be billed in accordance with the hourly rates set out below. Compensation for additional services not included in this Contract shall be at the following rates: Principal $150.00 per hour Design $100.00 per hour Sr. Draftsman $ 70.00 per hour Jr. Draftsman $ 60.00 per hour Administrative $ 40.00 per hour EXCLUSIONS: Soil testing Local Government Process (above normal) Final application for building permit or permit fees REIMBURSABLES: Any out of pocket expenses incurred, including, but not limited to the following: long distance phone calls/fax, long distance travel, prints/reproductions, postage/delivery, permits, surveys, soil tests, and an form of testing will be billed to the Client at cost +10%. Any major expenses to have the Client's approval prior to being incurred. IV. COMPLETION DATE The completion date for the plans, contract documents and permit applications is 45 days from Notice to Proceed. V. SERVICE AUTHORIZATION This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: DIGBY BRIDGES, MARSH & ASSOC., CITY OF DELRAY BEACH: P.A. Date Date By: Jay Alperin Mayor Title: (Seal) Witness Witness Attest: BEFORE ME, the foregoing instrument, this day of , 1997 was acknowledged by Approved as to Legal on behalf of the Corporation Sufficiency and Form and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 1997. Notary Public State of Florida My Commission Expires: , ~,,~' A~~ ~._ , ~: ATLANTIC AVENUE {~ Cl~ of DELRAY BEACH DELRAY BEACH ~NNIS CEN~R ~ME~ ~ ~P~ PHASE IV ~~.~~~~~ 99-059 DELRAY BEACH J~Jl-~/lleril:aC~t~ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 561/243-7000 1993 TO: David T. Harden City Manager FROM: ~ Robert A. Barcinski Assistant City Manager DATE: August 25, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 31, 1999 PROPOSED FY 2000 MAXIMUM RATES - MUNICIPAL GOLF COURSE ACTION City Commission is requested to consider for approval maximum rates proposed for FY 2000 for the Delray Beach Municipal Golf Course. BA CKGR 0 UND Attached is the proposed rate schedule for the municipal course along with a rate comparison with other municipal courses. Increases in rates are proposed for prepaid green fees, cart fees, daily greens fees, bag storage, locker rental, range balls, and charity cards. Rate increases for prepaid fees average about 3.5%. Other golf rates increases range from 3% to 5.9% and are based on market conditions. Golf fees, except for prepaid green fees, are in line with other golf courses. RECOMMENDATION Staff recommends approval of the proposed maximum rates for FY 2000 for the Municipal Golf Course. RAB/tas File: u: sweeney/agenda Doc:O82499a THE EFFORT ALWAYS MATTERS ~ p. ,~. Sheet1 DEL ,R~,~ BEACH GOLF CLUB PROPOSED MAXIMUM RATES t99~12000 RESIDENT ,' NON-RESIDENT EXISTING PROPOSED PERCENT EXISTING PROPOSED PERCEN~ JAN 1 -MARCH 3t; 20,00 18 HOLES $ 33.50 $ 34.50 3.0; $ 50.00 $ 52.00 4.0 9 HOLES $ 21.00 $ 21.75 3.6: $ 35.00 $ 37.00 5.7 APRIL 20001 NOVEMBER~ DECEMBER 1§99 18 HOLES $ 31.00 $ 32.00 3.2 $ 40.00 $ 41.50 3.8 9 HOLES $ 19.00 $ 19.75 3.9 $ 27.00 $ 28.00 3.7 MAY, 1 ;, OCTOBER 311 2000 t8 HOLES $ 21.00 $ 21.75 3.6 $ '23.00 $ 24.00 4.4 9 HOLES $ 15.00 $ 15.50 3.3 $ 17.00 $ 18.00 5.9 ALL RATES ARE TAX INCLUSIVE EXISTING '.;pROPOSED i EXISTING PROPOSED MISCELANEOUS RATES , (A.LL RATES ARE PLUS SALES TAX) BAG sToRAGE $ '" 73.00 $ 75.~0 LOCKER RENTAL $ 47.00 $ 49.00 PREPAID WALKERS $ 1.27 $ 1.32 PULL CART $ 2.83 $ 3.07 CLUB RENTAL - 18 HOLES $ 19.81 $ 19.81 ($5.00 for JUNIORS) - 9 HOLES $ 15.09 $ 15.09 ($5.00 for JUNIORS) RANGE BALL $ 4.26 $ 4.48 ($1.50 for JUNIORS) CHARITY CARD $ 18.63 $ t9.58 PREPAID GREEN FEES *' PERCENT RESIDENT FAMILY $ 1,400.00 $ 1,450.00 3.6 RESIDENT SINGLE $ 900.00 $ 930.00 3.3 NON-RESIDENT FAMILY $ 2,225.00 $ 2,300.00 3.4 NON-RESIDENT SINGLE $ 1,750.00 $ 1,800.00 2.9 u:lpuentelbdlspredshtldbc~rtgOO.xls Page I DELRAY BEACH GOLF CLUB PROPOSED MAXIMUM RATES 199912000 RESIDENT NON-RESIDENT existing proposed existing proposed JAN 1 - MARCH 31~ 2000 CART FEES - 18 HOLES $ 10.99 $ 11.42 $ 10.99 $ 11.42 GREEN FEES - 18 HOLES $ 19.34 $ 19.81 $ 34.91 $ 36.32 CAPITAL IMPROVEMENT FUND $ 1.27 $ 1,32 $ 1.27 $ 1.32 $ 31.60 $ 32,55 $ 47.17 $ 49.06 TAX $ 1.90 $ 1.95 $ 2.83 $ 2.94 $ 33.50 $ 34.50 $ 50.00 $ 52.00 CART FEES - 9 HOLES $ 7.69 $ 8.11 $ 7,69 $ 8.11 GREEN FEES - 9 HOLES $ 10,65 $ 11.09 $ 24.06 $ 25.48 CAPITAL IMPROVEMENT FUND $ 1.27 $ 1.32 $ 1.27 $ 1.32 $ 19.81 $ 20.52 $ 33.02 $ 34.91 TAX $ 1.19 $ 1.23 $ 1.98 $ 2,09 $ 21.00 $ 21.75 $ 35.00 $ 37.00 APRIL 2000~ NOVEMBER, DECEMBER 1999 CART FEES - 18 HOLES $ 10.99 $ 11.42 $ 10.99 $ 11,42 GREEN FEES - 18 HOLES $ 16.99 $ 17.44 $ 25.48 $ 26.41 CAPITAL IMPROVEMENT FUND $ 1.27 $ 1.32 $ 1.27 $ 1.32 $ 29.25 $ 30.18 $ 37,74 $ 39.15 TAX $ 1.75 $ 1.82 $ 2.26 $ 2.35 $ 31.00 $ 32.00 $ 40,00 $ 41.50 CART FEES - 9 HOLES $ 7.69 $ 8.11 $ 7.69 $ 8.11 GREEN FEES - 9 HOLES $ 8.96 $ 9.20 $ 16.51 $ 16.99 CAPITAL IMPROVEMENT FUND $ 1.27 $ 1.32 $ 1.27 $ 1.32 $ 17.92' ' $ 18.63 $ 25.47 $ 26142 TAX $ 1.08 $ 1.12 $ 1.53 $ 1.58 $ 19.00 $ 19.75 $ 27,00 $ 28.00 MAY 1 - OCTOBER 31~ 2000 CART FEES - 18 HOLES $ 9.58 $ 10.00 $ 9.58 $ 10.00 GREEN FEES - 18 HOLES $ 8.96 $ 9.19 $ 10.85 $ 11.32 CAPITAL IMPROVEMENT FUND $ 1,27 $ 1.32 $ 1,27 $ 1.32 $ 19.81 $ 20.51 $ 21.70 $ 22.64 TAX $ 1.19 $ 1.24 $ 1.30 $ 1.36 $ 21.00 $ 21.75 $ 23.00 $ 24.00 CART FEES - 9 HOLES $ 6.67 $ 6.70 $ 6.67 $ 6.70 GREEN FEES - 9 HOLES $ 6.21 $ 6.60 $ 8.09 $ 8.96 CAPITAL IMPROVEMENT FUND $ 1.27 $ 1 °32 $ 1.27 $ 1.32 $ 14.15 $ 14.62 $ 16.03 $ 16.98 TAX $ 0.85 $ 0.88 $ 0.97 $ 1.02 $ 15.00 $ 15.50 $ 17.00 $ 18.00 u:~x:l~,spreadsheets~ DBGRATE4.XLS {~ RATES 98-99 Page 1 Printed on 08/27/1999 @ 8:42 AM OB/26/lggg 00:36 §612437386 DELRAY BEACH GOLF CL PAGE 83 A~I-AITI~ICaCit¥ 100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 · 561/243-7000 ] 993 TO: David T. Harden City Manager FROM: ~)J/[obert A. Barcinski Assistant City Manager DATE: August 25, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 31, 1999 PROPOSED FY 2000 MAXIMUM RATES - LAKEVIEW GOLF COURSE ACTION City Commission is requested to consider for approval maximum rotes proposed for FY 2000 for the Delray Beach Lakeview Golf Course. BACKGROUND Attached is the proposed rate schedule for the Lakeview Golf Course along with a rate comparison for other like golf courses. Increases proposed for all fees range from 0% to a high of 45.4% for non-resident ride fees in the winter time. Rate increases proposed are varied and axe based on market conditions. Fees proposed are in line with other comparable courses. RECOMMENDATION Staff recommends approval of the proposed maximum rates for FY 2000 for the Lakeview Golf Course. File:u:sweeney/agenda Doc:O82499b. doc THE EFFORT ALWAYS MATTERS ~-p. /.~. 0 0 O0 0 O0 C~ 0 ~ O0 O0 0 O0 CD 0 Z O0 O0 CD 0~0 ~ 0 O0 O0 0 O0 0 o o'~ o o O0 O0 O0 O0 0 · -..-~ X z co oo oo oo oo o ~n "' 0 oo ~o~o oo ~o~o o o~ Z ,q.o ~oo ,q.o. ,o,o o o 00:35 5512437385 DELRAY BEACH GOLF CL PAGE 02 .... ., GOLF COURSE SORVEY '-~' EXECUTIVE GOLF couRsEs ___ , (~kk RATES ARE BEFORE TAX) ; 99/00 98/99 98/99 ~, : DELRAY , LAKEVIEW SHERWOOD COUNTRY !NAME OF ( ;OU F;~SE i MUNICIPAL PARK CLUB WEST ~DE 18 HC)LES;i ' RESIDENT 26.42 21.69 25.94 NON RES, ---- ' 27.36 2'1.69 25.94 RESIDENT NON RESII)ENT; ~ 23.58 MAY1, 2007, 11/12/2000 T 13.21 't3.21 RESI'DENT ; ..... NON RESII)ENS.~! , 13.21 13.21 WALK 18 ~IOLES '- -!' - ~ESlDENT ; 17.92 "WALKING '" 12.97 NON RESI )EN'i' '~ 18.86 " t2.97 I NOT APRIL 2'00t): I1,;~J2 - 12/~0/99 RESIDENT : ; 16.51 NON RES. ' ' ~ ........... ~ 17.45 ALLOWED RESIDEN.i .... ; 9.43 ...... NON RES. : 9.4~ I Page 1 DELRAY BEACH ~ll-J~Jlll~jl~lCJt~ 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 - 561,I243-7000 1993 TO: David T. Harden City Manager FROM: ,~Robe~ A. Barcinski Assistant City Manager DATE: August 26, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 31~ 1999 APPROVAL POLICY CHANGES - LAKEVIEW GOLF COURSE ACTION City Commission is requested to consider proposed policy changes for the Lakeview Golf Course. BACKGROUND Attached is a memorandum received from Mr. Dubin requesting City Commission approval of policy changes at the Lakcview Golf Course. The policy changes all relate to league play and arc intended to balance tee time availability between leagues and general residents. RECOMMENDATION Staff recommends approval of the policy changes for the Lakeview Golf Course as proposed by Mr. Dubin. RAB/tas File:u:sv,,eeney/agenda Doc:O82699ac THE EFFORT ALWA¥'S MATTERS 08/25/1999 00:35 5512437386 DELRAY BEACH GOLF CL PAGE 01 I; Golf & Tennis Management, Development & Consu/tati~n MEMORANDUM DA~: August 26, 1999 TO: Bob Barcinski FROM: Brahm Dubin ~:E: Lakeview Policies The following policies are being recommended for next year: We believe that these changes will improve the ~balance" ! between leagues and open play; and profits and customer salisfaction. ~ in previous years we feel that Lakeview has given league plgy too much priority in regard to Tee Times, at the detriment of:our citizens. These policies are fail to leagues and in addition will give ou~ staff better control of the day-to-day operations in regards tojleague play.  We expect these policies to increase annual profits at La~evtew which again will afford us the opportunities to coati,really improve the quality of customer service. ~~ POLICIES ,, We decided on a "tide only" policy for leagues that begin before 10:00 a.m. If leagues would like to utilize the walking option, they would need to schedule their league afte= this time. We are increasing the league minimum to 24 players. If leagues fall below this minimum, they run the risk of losing league privileges. It will be the responsibility of the club's management to enforce this policy. It will also be the responsibility of management to work with league representatives if "no-shows" become an issue. · A.M. League play will be eliminated on Wednesdays all together. This will free up some time during the week for Delray residents. · Weekend weekly league play will be restricted to Jamaica Bay (7:32 a.m. 8:42 a.m.) and the possibility of one other league (Tropic Bay) beginning after ll:00 a.m. on Saturday. 2200 Highland Avenue · Delray Beach, FL 33445 · (561) 243-7064 - Fax ('561) 243-7386 DELRAY BEACH ~Ul-J~lllL~aC~t~ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 561/243-7000 ® ] ORANDU 1993 TO: David T. Harden City Manager FROM: Robert A. Barcinski Assistant City Manager DATE: August 25, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 31~ 1999 EMERGENCY BID AWARD - 5 TON AIR CONDITIONING UNIT ,,t CTION City Commission is requested to approve a bid award to Atlantic Refrigeration in the amount of $10,815 for a Carder 5-ton air conditioning unit for Pompey Park Recreation Center. Approval is requested under City ordinance section 36.08 "Emergency Purchase". Funding is available in account 334-6112-519-62.10. BA CKGR 0 UND The compressor in one of the 5-ton air conditioning units at Pompey Park Recreation Center failed. Due to the age of the equipment (over 12 years) and the poor condition of the cabinet and other elements, a decision was made to replace the unit under emergency provisions of the code. Atlantic Refi'igeration is one of our annual maintenance and repair contractors. RECOMMENDATION Staff recommends approval of a bid award to Atlantic Refrigeration for a Carder 5-ton air conditioning unit for Pompey Park Recreation Center in the amount of $10,815 under emergency provisions City ordinance section 36.08. Funding is available in account #334-6112-519-62.10. RAB/tas File:u:sweeney/agenda Doc:5 ton air conditioning unit THE EFFORT ALWAYS MATTERS PURCHASE 3RDER aW I]F IIIDIi ¥ ml:lDI ' PURCHASING DIVISION 100 NW FIRST AVENUE DATE: 8/20/1 ¢2.79 DELRAY BEACH, FLORIDA 33444 5795 12 561/243-7115 THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKING LISTS, LABELS, BILLS OF LADING AND VENDOR: SHIP TO: CORRESPONDENCE. ATLANTIC REFRIGERATION CORP City Of Delray Beach Florida 1395 N.W. 17TH AVENUE PUBLIC WORKS DEPARTMENT SUITE 113 434 S. SWINTON AVENUE DELRAY BEACH FL 33445 DELRAY BEACH FL 33444 -. , VENDORNO:~!?',~'~:~':~',"~, DATE NEEDED: ~ '. ~'~' ~"" "FOB: ;~ ~ :':'; "~;""~ :~'??'~i'~'?,!~,':'< ~--? CONFIRM TO 2151 8/30/19~9 ROGER LABOSSIERE ;'i' ·: /REQUISITIONED BY i : : REQ, NO. ,: : i--~; i TERMS ~ I $CHER/BARC I NSK I 0000073435 NET ,LINE ::QtJANTi~ UOM i~ ? ~ ~ .,DEscRim0~ JJNITPRICE TOTAL PRICE NO. ' ~:,, - ,:'~ , ,, ',,, I 1.00 EA CARRIER 38AKSO24-~K AIR CONDITIONER t0815.00 10815.0~ REPLACEMENT INSTALLATION ENTAILS THE SERVICES OF A LARGE CRA~E AND SOME NEW DUNNAGE. 5 YEAR EXTENDED WARRA qTY AND CRANE SERVICE. TOTAL 10815. REMARKS: PRICING PER BID 97-16 AIR CONDITIONING SERVICES. EMERGENCY REQUEST. APPROVED BY ASST. CITY MANAGER 08/18/97 ACCOUNT: 3346112519&210 BILL TO: APPROVED CITY OF DELRAY BEACH ACCOUNTS PAYABLE 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 FLORIDA STATE SALES TAX EXEMPTION ~ ~..~~' ~ CERTIFICATE NO. 60-0S-116241-54C AUTHORIZED SIGNATURE ORDER SUBJECT TO TERMS AND COND/T/ONS AS ON REVERSE OR ATTACHED VENDOR DELRAY BEACH ~l-~J~l'JCaCJtlJ 100 N.W. 1st AVENUE - DELRA¥ BEACH, FLORIDA 33444. 561/243-7000 1993 TO: David T. Harden City Manager FROM: ~;~ Robert A. Barcinski Assistant City Manager DATE: August 25, 1999 SUBJECT: AGENDA CITY COMMISSION MEETING AUGUST 31, 1999 APPROVAL TENNIS CENTER - MEMBERSHIP RATES FY 2000 Action City Commission is requested to approve proposed Tennis Center rates for FY 2000. Background Attached are proposed rate increases for the Tennis Center for next year. The proposed rate increase for court fees is from 0% to 8.3%. Proposed rate increases for membership range from 0% to 16.7%. All rate increases proposed are based on market conditions. Attached are copies of the proposed rate changes and rate comparisons with other facilities. Mr. Dubin needs to send renewal notices out this month. Commission approval is needed for the rate increases. Recommendation Staff recommends approval of the proposed rates for Tennis Center memberships for FY 2000. RAB:tas File:u:sweeney/agenda Doc: tennis membership THE EFFORT ALWAYS MATTERS DELRAY BEACH TENNIS CENTER-FISCAL YEAR 1999-2000 ' PROPOSED lVlA_XI/VlUM MEMBERSI:IIP RATES OCTOBER 1, 1999-SEPTEMBER 30, 2000 - ANNUAL MEMBERSlllPS (12 MONTHS) TYPE MEMBERSHIP CURRENT PROPOSED % INCREASE RESIDENT SINGLE $235.00 $245.00 4.3 FAMILY $355.00 $370.00 4.2 JUNIOR $ 50.00 $ 50.0 -0- NONRESIDENT SINGLE $380.00 $400.00 5.3 FAMILY $535.00 $560.00 4.6 JUNIOR $100.00 $100.00 -0- MAY 1, 2000--SEPTEMBER 30, 2000 - SUMMER MEMBERSItIPS (5 MONTHS) TYPE MEMBERSHIP CURRENT PROPOSED % INCREASE RESIDENT SINGLE $100.00 $105.00 5.0 FAMILY $150.00 $160.00 6.6 JUNIOR $ 30.00 $ 35.00 16.7 NONRESIDENT SINGLE $150.00 $160.00 6.7 FAMILY $225.00 $235.00 4.4 JIBNIOR $ 50.00 $ 55.00 10.0 Family = Husband/Wife, Children under 18, and children under 21 attending school MEMBERSHI? RATES DO NOT INCLUDE FLORIDA SALES TAX DELRAY BEACH TENNIS CENTER-FISCAL YEAR 1999-2000 PROPOSED MAXIMUM DAILY RATES AND MISCELLANEOUS RATES ' COURT FEES - CLAY COURTS COURT TIMES COURT TIMES Mornings/Evenings Afternoon NOV. 1-APRIL 30 EXISTING PROPOSED %INCREASE EXISTING PROPOSED %INCREASE CITY RESID ENT~ ADULTS $7.00 $7.00 -0- $6.00 $6.00 -0- *JUNIORS $4.25 $4.50 5.9 $3.25 $3.50 8.0 COUNTY RESIDENTS ADULTS $8.75 $9.00 2.9 $7.50 $7.50 -0- *JUNIORS $5.50 $5.75 4.5 $4.50 $4.50 -0- NON RESIDENTS ADULTS $11.00 $11.50 4.5 $9.00 $9.50 6.0 *JUNIORS $ 7.00 $ 7.50 7.1 $6.00 $6.50 8.0 MAY 1-OCT. 31 EXISTING PROPOSED %INCREASE EXISTING PROPOSED %INCREASE CITY RESIDENTS ADULTS $6.50 $6.50 -0- $5.25 $5.25 -0- *JUNIORS $3.25 $3.50 7.7 $2.25 $~50 8.0 COUNTY RESIDENTS ADULTS $7.75 $8.00 3.2 $6.50 $6.50 -0- *JUNIORS $4.50 $4.75 5.6 $3.50 $3.50 -0- NON RESIDENTS ADULTS $10.00 $10.50 5.0 $8.00 $8.00 -0- *JUNIORS $ 6.00 $ 6.50 8.3 $5.00 $5.00 -0- JUNIORS ARE CHILDREN UNDER 18 ALL PRICES INCLUDE FLORIDA SALES TAX DELRAY BEACH TENNIS CENTER-FISCAL YEAR 1999-2000 MISCELLANEOUS RATES ' EXISTING PROPOSED %INCREASE LIGHTS 11/2 HOURS $ 5.66 $ 4.72 (I 6%) LOCKER FEE MONTHLY $10.00 $10.00 -0- YEARLY $30.00 $30.00 -0- BALL MACHINE RENTAL $10.00FI-IR $10.00/HR -0- RACQUET RENTAL $ 5.00 $ 5.00 -0- *MISC. RATES DO NOT INCLUDE FLORIDA SALES TAX PRIVATE LESSON RATES (lr2 HOUR) MAXIMUM 0 HOUR) MAXnVILrM EXISTING/ PROPOSED EXISTING / PROPOSED MEMBERS $25.00 $27.00 $42.00 $45.00 COUNTY RESIDENTS $27.50 $30.00 $47.00 $50.00 NON-RESIDENTS $30.00 $32.00 $55.00 $60.00 JUNIORS $18.00 $20.00 $30.00 $35.00 PRIVATE LESSON RATES ARE NOT SUBJECT TO FLORIDA SALES TAX ~ ~,*CP~E-ASE iS NOT P,.ECG~v~v~_,NDED FOR FY, a"v'ATE LESSON i~.~· MEMO To: David Harden, City Manager From: Richard Overman, Chief, Police Department ~ Date: August 25, 1999 Re: Transfer to the City of the Countywide Administrative Component of the Weed and Seed Program ITEM BEFORE THE COMMISSION City Commission consideration to approve two Interlocal Agreements with the Palm Beach County, Board of County Commissioners, Florida, to: 1) transfer the Countywide Administrative Component of the Palm Beach County Weed and Seed Program from the Palm Beach County Sheriffs Office to the City's Police Department effective September 25, 1999; and 2) provide for grant funding reimbursement from the County to the City for the salaries, benefits, and office expenses for this Program. The following provides a summary of the items included in these Interlocal Agreements: 1) The transfer and creation in accordance with City policies, of six staff positions. The following five positions will be paid through existing grant funds that expire September 30, 2000: Executive Director, Assistant Manager, Fiscal Analyst, Community Rehabilitation Coordinator, and Administrative Secretary. The sixth position, a Recreation Program Coordinator, is contingent upon future grant funding. These six position shall be given the following accommodations by the City: a. The City shall accept the job titles, hire dates, and salaries as they are at the Palm Beach County Sheriff's Office; and b. The City shall provide benefits as allocated to any other full-time City employee; and c. The City shall accept the employees with their probationary periods already served during their employment with the Program; and d. The City shall allow the employees to transfer accrued sick and vacation balances. 2) An Agreement with the Board of County Commissioners (BCC) for up to $300,000 in 1998-2000 Local Law Enforcement Block Grant funds and interest to reimburse the City for all expenses incurred relating to the Countywide Administrative Component of the Weed and Seed Program through FY00; 3) The City shall serve as the fiscal agent for the Countywide Administrative Component of the Weed and Seed Program; and 1 4) The Program staff shall be under the jurisdiction of the Police Department and the Program's Executive Director shall report directly to the Chief of Police. BACKGROUND The Palm Beach County Board of County Commissioners (BCC) through its Criminal Justice Commission (CJC) created the Palm Beach County Weed and Seed Program on September 12, 1993 as a countywide initiative to address the deterioration of neighborhoods caused by violent crime and drag trafficking. The CJC sought and received site designation and federal funding for two Weed and Seed Program sites in the Cities of Riviera Beach and West Palm Beach, and has a vested interest in the Program. The Weed and Seed Steering Committee has chosen an area within the City of Delray Beach for the creation of a third site. The Program is adopting a new approach in order to coordinate sites across the County. This new approach will provide for a Countywide Administrative Component that will hopefully later be established as a non-profit corporation for the purpose of identifying, planning and implementing new sites and sustaining existing sites. Each city that currently has, or wishes to creute in the future, a Weed and Seed site, will be responsible for receiving approval from the Weed and Seed Steering Committee and administering their grants including, hiring and/or designating the appropriate staff and resources for the Program. To effectuate this new approach and to assist the City of Delray Beach in the establishment of the third Weed and Seed site, the CJC and the Weed and Seed Steering Committee have recommended the Countywide Administrative Component of the Program be transferred from the Palm Beach County Sheriff's Office to the City of Delray Beach to act as fiscal agent, until such time that the non-profit corporation could be developed. The Palm Beach County Sheriff's Office and the Executive Office for Weed and Seed have agreed to this transfer. This transfer is contingent upon BCC approval which is scheduled for September 28, 1999. RECOMMENDATION Staff recommends approval of the Interlocal Agreement. 2 Attachtnent 1 INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND THE CITY OF DELRAY BEACH, FLORIDA THIS INTERLOCAL AGREEMENT is entered into this 28th day of September, 1999 by and between the Board of County Commissioners, Palm Beach County, Florida (herein referred to as the 'COUNTY'), and the City of Delray Beach (herein referred to as the 'CITY"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, Section 163.01 of the Florida Statutes, known as the 'Florida Interlocal Cooperation Act of 1969," authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Board of County Commissioners through its Criminal Justice Commission (CJC) created the Palm Beach County Weed and Seed Program on September 12, 1993 as a countywide initiative to address the deterioration of neighborhoods caused by violent crime and drug trafficking; and WHEREAS, the CJC sought and received site designation and federal funding for two Weed and Seed Program sites in the Cities of Riviera Beach and West Palm Beach, and has a vested interest in the Program; and WHEREAS, the Weed and Seed Steering Committee has chosen an area within the CITY of Delray Beach for the creation of a third site; and WHEREAS, the CJC recommended the administration of the Program be transferred from the CJC to the Palm Beach County Sheriff's Office (PBSO) and the COUNTY approved such transfer on September 16, 1997; and WHEREAS, the Program is adopting a new approach in order to coordinate sites across the County. This new approach will provide for a Countywide Administrative Component that will hopefully later be established as a non-profit corporation for the purpose of identifying, planning and implementing new sites and sustaining existing-sites; and Page 1 of 5 Pages WHEREAS, each city that currently has, or wishes to create in the future, a Weed and Seed site, will be responsible for receiving approval from the Weed and Seed Steering Committee and for administering their grants, including hiring and/or designating the appropriate staff and resources for the Program; and WHEREAS, to effectuate this new approach, the PBSO, the CJC, and the Weed and Seed Steedng Committee recommend that the management, operations and staff of the Countywide Administrative Component of the Program be transferred from the PBSO to the CITY; and WHEREAS, the CITY and the Executive Office for Weed and Seed have agreed to this transfer; and WHEREAS, the PBSO now believes that it is in the best interests of Palm Beach County, Florida, and the Program that PBSO transfer the responsibility for the Countywide Administrative Component of the Program to the CITY; and WHEREAS, following such transfer, the CITY shall serve as the fiscal agent for the Countywide Administrative Component of the Program. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: SECTION 1. PURPOSE This Agreement transfers the responsibility for the management, operations and staff of the Countywide Administrative Component of the Weed and Seed Program from the PBSO to the CITY so that the CITY shall serve as the fiscal agent for the Program. SECTION 2. TRANSFER OF RESPONSIBILITY A. Effective 12:01 a.m. September 25, 1999 Palm Beach County and the Palm Beach County Sheriff's Office transfer all responsibility for the management, operations and staff of the Countywide Administrative Component of the Weed and Seed Program to the CITY, which by entering into this agreement accepts said transfer; B. As a result of this transfer, the CITY agrees to create, in accordance with its policies, six staff positions. The following five positions will be paid through existing Local Law Enforcement Block (U.S. Department of Justice) grant funds that expire September 30, 2000: Executive Director, Assistant Manager, Fiscal Analyst, Community Rehabilitation Coordinator, and Administrative Secretary. The sixth position, a Recreation Program Coordinator, is contingent upon future grant funding. These six position shall be given the following accommodations by the CITY: 1. The CITY shall accept the job titles, hire dates.,_ and salaries as they currently exist with the Palm Beach County Sheriffs Office; and Page 2 of 5 Pages 2. The CITY shall provide benefits as allocated to any other full-time CITY employee; and 3. The CITY shall accept the employees with their probationary periods already served during their previous employment with the Weed and Seed Program; and 4. The CITY shall allow the employees to transfer accrued sick and vacation balances. C. The CITY shall serve as the fiscal agent for the Countywide Administrative Component of the Weed and Seed Program; and D. The Program staff shall be under the jurisdiction of the Police Department and the Program's Executive Director shall report directly to the Chief of Police. SECTION 3. GENERAL TERMS AND CONDITIONS The COUNTY, the Shedff's Office, and the CITY agree to be governed by this Agreement, as well as applicable State and Federal laws, rules and regulations. SECTION 4. LIABILITY A. The CITY as a state agency agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortious acts which result in claims or suits against the COUNTY and agrees to be liable to the limits set forth in Section 768.28, Florida Statutes, for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY 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. B. The COUNTY, as a political subdivision of the State, agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortious acts which result in claims or suits against the CITY, and shall be liable to the limits set forth in Section 768.28, F.S. for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the COUNTY to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of any contract. SECTION 5. NOTICE AND CONTACT A. All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below. Page 3 of 5 Pages For the COUNTY: Ms. L. Diana Cunningham, Executive Director Criminal Justice Commission 301 N. Olive Ave., Suite 1001 West Palm Beach, Flodda 33401 For the CITY: Ms. Regenia Scott, Executive Director Palm Beach County Weed and Seed Program Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444 For the Shedff's Office:Mr. Billy Riggs, Director of Administration Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, FL 33406 SECTION 6. ENTIRETY OF AGREEMENT The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. SECTION 7, INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of this Agreement shall have no effect upon the validity of any other part or portion hereof. SECTION 8. VENUE To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. SECTION 9. ATTORNEY'S FEES Any costs or expenses (including reasonable attomey's fees) associated with the enforcement of the terms and/or conditions of this ,~,~reement shall be borne by the respective parties, however, this clause pertains only to the parties to this ,~;reement. SECTION 10. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the Palm Beach County Sheriff's Office, the COUNTY, or the CITY. Page 4 of 5 Pages SECTION 11. EQUAL OPPORTUNITY PROVISION The CITY agrees that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of, or be subjected to, any form of discrimination under any activity carried out by the performance of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ATTEST: CITY: DELPAY BEACH, FLORIDA By: By: Print Name: Print Name: Title: Title: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN By: By: Deputy Clerk Chair PALM BEACH COUNTY SHERIFF'S OFFICE By: Sheriff APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney Page 5 of 5 Pages Attachment 1 INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND THE CITY OF DELRAY BEACH, FLORIDA THIS INTERLOCAL AGREEMENT is entered into this 28th day of September, 1999 by and between the Board of County Commissioners, Palm Beach County, Florida (herein referred to as the ~COUNTY@), and the City of Delray Beach (herein referred to as the ~CITY@), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, Section 163.01 of the Florida Statutes, known as the nFIorida Interlocal Cooperation Act of 1969,@ authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the COUNTY through its Criminal Justice Commission (CJC) administers the Local Law Enforcement Block Grant (LLEBG); and WHEREAS, the purpose of the LLEBG is to provide local units of government with funds to underwrite projects to reduce crime and improve public safety and on July 21, 1998, the COUNTY approved expenditures of these funds within the seven mandated purpose areas; and WHEREAS, the COUNTY'S CJC sought and received site designation and federal funding for two Weed and Seed Program sites in the Cities of Riviera Beach and West Palm Beach, and has a vested interest in the Program; and WHEREAS, the Weed and Seed Steering Committee has chosen an area within the CITY for the creation of a third site; and WHEREAS, the Program is adopting a new approach in order to coordinate sites across the County. This new approach will provide for a Countywide Administrative Component that will hopefully later be established as a non-profit corporation for the purpose of identifying, planning, and implementing new sites and sustaining existing sites; and Page I of 5 Pages WHEREAS, on the recommendation of the CJC, the Palm Beach County Sheriff's Office, and the Weed and Seed Steering Committee, the current Countywide Administrative Component of the Program is being transferred from the Sheriff's Office to the CITY in order to assist the CITY on the creation of their Weed and Seed site and for the CITY to act as fiscal agent, until such time that the non-profit corporation for the Countywide Administrative Component can be developed; and WHEREAS, the COUNTY, through the use of the federal LLEBG funds appropriated for this use, will reimburse the CITY for the salary, benefits, and office expenses, up to the amount of $300,000 from September 25, 1999 through September 30, 2000, for the Countywide Administrative Component of the Program. A copy of the budget is attached as Exhibit 'A" and by this reference incorporated herein; and NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: SECTION 1. PURPOSE 1. The CITY agrees that it shall serve as the fiscal agent for the Countywide Administrative Component of the Weed and Seed Program. The COUNTY agrees to reimburse the CITY from federal LLEBG funds for the salaries, benefits, and office expenses for the Program in a total amount not to exceed Three Hundred Thousand Dollars ($300,000) which payment shall constitute the entire financial obligation on behalf of the COUNTY for the period commencing on September 25, 1999 and terminating on September 30, 2000 as contained in Exhibit "A" incorporated herein by reference. 2. This Agreement shall be effective as of the twenty-fifth day of September 1999 and shall terminate the thirtieth day of September 2000, unless otherwise terminated as herein provided. 3. The CITY shall submit quarterly invoices to the COUNTY which will include a reference to this Agreement, identify the project and identify the amount due and payable to the CITY. Invoices shall be itemized in sufficient detail for prepayment audit thereof. The CITY shall supply any further documentation deemed necessary by the COUNTY. Invoices received from the CITY will be reviewed and approved by the COUNTY'S CJC Executive Director, indicating that expenditure has been made in conformity with this Agreement and then will be sent to the COUNTY's Finance Department for payment. SECTION 2. GENERAL TERMS AND CONDITIONS A. Both the COUNTY and the CITY agree to be governed by this Agreement, as well as applicable State and Federal laws, rules and regulations including those related to the Local Law Enforcement Block Grant. B. Modification of this Agreement may be requested by either party. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly Page 2 of 5 Pages signed by each party and attached to the original Agreement. SECTION 3. LIABILITY A. The CITY as a state agency agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortious acts which result in claims or suits against the COUNTY and agrees to be liable to the limits set forth in Section 768.28, Florida Statutes, for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY 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. B. The COUNTY, as political subdivision of the State, agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, shall be fully responsible for its own negligent acts or omissions or tortious acts which result in claims or suits against the CITY, and shall be liable to the limits set forth in Section 768.28, F.S. for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the COUNTY to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter adsing out of any contract. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Flodda Statutes. SECTION 4. TERMINATION This Agreement may be terminated without cause by either party to this Agreement upon one hundred eighty (180) days written notice to the other party. SECTION 5. NOTICE AND CONTACT A. All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below. For the COUNTY: Ms. L. Diana Cunningham, Executive Director Criminal Justice Commission 301 N. Olive Ave., Suite 1001 West Palm Beach, Florida 33401 For the CITY: Ms. Regenia Scoff, Executive Director Palm Beach County Weed and Seed Program Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444 Page 3 of 5 Pages SECTION 6. ENTIRETY OF AGREEMENT The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. SECTION 7. INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of this Agreement shall have no effect upon the validity of any other part or portion hereof. SECTION 8. VENUE To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. SECTION 9. ATTORNEY=rS FEES Any costs or expenses (including reasonable attorney=s fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, however, this clause pertains only to the parties to this Agreement. SECTION 10. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the COUNTY and CITY. SECTION 11. EQUAL OPPORTUNITY PROVISION The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex, national odgin, disability, religion, ancestry, madtal status or sexual orientation be excluded from the benefits of, or be subjected to, any form of discrimination under any activity carried out by the performance of this Agreement. Page 4 of 5 Pages IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ATTEST: CITY: DELRAY BEACH, FLORIDA By:. By: __ Print Name: Print Name: Title: Title: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN By:, By: Deputy Clerk Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney Page 5 of 5 Pages Date: August 25, 1999 Agenda Item No. ~ O. I. AGENi~A REQUEST Agenda request to be placed on: X Regular __Special Workshop __ Consent When: August 31, 1999 l)eseription of Agenda Item: Approval of an Interlocal Agreement with the Board of County Commissioners, Palm Beach County, Florida transferring the Countywide Administrative Component of the Palm Beach County Weed and Seed Program to the City's Police Department effective September 25, 1999. Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Sienature: Ci~ Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: .(if applicable) Account # & Description: Account Balance: Ci.ty Manager Review: Approved for agenda: ~ / No ~'~'1 Hold Until:, A~enda Coordinator Review: Received: Action: Approved / Disapproved 3 Agenda Item No: ,~P. {o. AGENDA REQUEST 8 lB I }c~q Request to be placed on: Regular Agenda ~ Special Agenda Workshop Agenda When: 08/31/99 Description of agenda item (who, what, where, how much): City Commission is requested to approve a bid award to Atlantic Refrigeration in the amount of $10,~i5 for a Carrier 5-ton air conditioning unit for Pompey Park Recreation Center. Approval is requested under City ordinance section 36.08 "Emergency Purchase". Funding is available in account #334-6112-519-62.10. ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: ,~/0~l_~ Depa~n~nt H~ Signature: Determinatiqn of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): nding altematives: ~, (if applicable) countNo. & D~cripfion: '~14~1,0[~ ~.-~l°l, ~10 C~ ~ '~O'~ ~t~L~i% Account Balance: ~ \ ~03, '3 $3 City Manager Review: Approved for agenda: YES/NO Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved