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. /.~.
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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