09-14-99 Workshop/Canceled CANCELLED DUE TO HURRICANE FLOYD
CITY COMMISSION
CITY OF DEER_AY BEACH, FLORIDA
WORKSHOP MEETING- SEPTEMBER 14~ 1999
6:00 P.M. - FIRST FLOOR CONFERENCE ROOM
1993
The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity' to
participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 CIT)D), 24 hours prior to the event in order for the City to
accommodate your request. Adaptive listening devices are available for meetings m the Commission Chambers.
WORKSHOP AGENDA
(1) Management contract with BJCE, Inc. for the Municipal Golf Course and the Lakeview Golf Course.
(2) Management contract with BJCE, Inc. for the Tennis Center.
(3) Presentation by Professional Engineering Consultants (P.E.C.) on the comprehensive infrastructure capital
program.
(4) Recommendations for funding special events and charitable organizations FY 2000.
(5) Outstanding FY 2000 Budget issues/questions.
(6) Commission comments.
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to
any matter considered at this meeting, such person will need to ensure that a verbatim record includes the
testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record.
s:CrTY CLERK/AGENDA .Work, hop.9.14.99
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: ~/ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
SUBJECT: AGENDA ITEM # - WORKSHOP MEETING OF SEPTEMBER 14, 1999
MANAGEMENT AGREEMENTS/GOLF COURSES AND TENNIS CENTER
DATE: SEPTEMBER 10, 1999
The current agreement with BJCE, Inc. d/b/a Dubin and Associates for management services for the
golf courses and tennis center expires on September 30, 1999.
Besides separating the tennis center agreement from the golf courses, other major changes include
changes in termination provisions, the addition of a provision for a severance payment, removing
Exhibit "B", "Goals and Objectives", for a bonus payment from the contract, basing the bonus on an
annual letter agreement approved by the City Manager and City Commission so that amendments do
not have to be made yearly, minor changes to insurance provisions and additions to the services to be
provided.
These agreements are being brought before City Commission at a workshop for discussion and input
before they are finalized.
RefiAgrnemol.Mgmt. Agrnts.BJCE
b;.$. /
MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT
THIS AGREEMENT (" The Agreement") is made this day of , 1999
by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the
"City"), and BJCE, INC., a Florida corporation, d/b/a Dubin & Associates (hereinafter
called "Dubin" ).
WITNESSETH:
WHEREAS, the parties entered into a management agreement dated November 1, 1994
to provide for management services at the Defray Beach Municipal Golf Course and have
amended that agreement to also provide for management services to the Lakeview Golf
Course; and
WHEREAS, the management agreement and its amendments thereto are scheduled to
expire on September 30, 1999; and
WHEREAS, the City has determined it is in the public interest to renew the
management agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and the recitals are hereby incorporated as if fully set
forth in this Agreement.
2. Agreement to Perform Services. City agrees to retain Dubin to render certain
professional services (hereinafter the "Services") and to pay for the performance of such
Services on and under the conditions which are set forth in this Agreement, and Dubin agrees
to perform such Services to the reasonable satisfaction of the City and to accept full payment
as is set forth in this Agreement.
3. Services. The services shall generally consist of those services more
particularly set forth in exhibit "A" which is attached hereto and incorporated as if fully set
forth herein.
4. Term of Agreement. This agreement will commence on October 1, 1999 and
terminate on September 30, 2004.
5. Termination. This Agreement may be terminated by the City with or without
cause.
(a) For cause. If cause exists to terminate the agreement, the City shall
send notice to Dubin that such cause exists. The City's notice shall clearly identify the
condition that requires correction, and shall provide Dubin with a reasonably sufficient
amount of time, taking into account the particular corrective action required, for
initiation and completion of the corrective action. If such condition is corrected within
the amount of time provided in the City's notice, then this agreement shall remain in
effect. If such condition is not corrected within the time provided in the notice, then
this agreement may be terminated by the City in its sole discretion. Upon termination
of this agreement, Dubin shall remit to the City a pro-rata share of the payment
received for services based on the number of days prior to the beginning of the month
that the agreement is terminated. The City shall remit, after review and approval of all
receipts and itemizations, any outstanding reimburseables incurred by Dubin prior to
termination of the agreement.
(b) Without cause. The City may terminate this agreement without cause
after giving Dubin thirty (30) days written notice. Upon termination of this agreement,
Dubin shall be paid the per month base payment amount, appropriate for the year in
which the notice was given, for six (6) months subsequent to the termination of this
agreement, as compensation for severance. The City shall make the severance
payments to Dubin on the ftrst of each month, beginning with the month immediately
following the date of termination of this agreement, regardless of the date upon which
this agreement was terminated. The City shall remit, after review and approval of all
receipts and itemizations, any outstanding reimbursables incurred by Dubin prior to
termination of the agreement.
2
6. Base Payment. The City shall pay Dubin for the performance of Services at a
base monthly rate payable at the first of the month as follows:
October 1999 through September 2000:$10,995 per month
October 2000 through September 2001:$11,325 per month
October 2001 through September 2002:$11,665 per month
October 2002 through September 2003:$12,000 per month
October 2003 through September 2004:$12,350 per month
7. Reimburseables. The City shall accept and pay the actual cost of
reimburseables as follows:
(a) Payroll costs for Dubin's employees who are working full-time or part-time
at the Delray Beach Golf Club and Lakeview Golf Club. The payment of such
payroll costs is subject to the City Manager's, or his designee's prior approval,
and only such approved costs shall be paid;
(b) All insurance premiums as required under paragraph 14 of this agreement;
(c) Pre-approved travel expenses;
(d) Mileage at the current City rate per mile;
(e) Telephone, mail, facsimile and pre-approved miscellaneous out-of-pocket
expenses.
Dubin shall itemize all expenses and submit receipts to show proof thereof. Such
expenses shall be billed by Dubin at cost on a monthly basis.
8. Availability of Consultant. During the term of this Agreement, Dubin shall
make himself available to perform the Services as may be required to accomplish the Services
in the manner required by this Agreement. Dubin shall be available for consultation during
the hours normally worked by City's employees unless otherwise agreed between City and
Dubin, and in special circumstances. Dubin shall also be available to City during evening
meeting hours and other reasonable times when required by City.
9. Performance Bonus. In addition to the base payment, Dubin shall be eligible
to receive a yearly fLxed bonus payment on or before December 1st of each year. The
performance bonus shall be contingent upon accomplishing specific yearly goals and objectives
as agreed to by Dubin and the City Manager in writing and approved by the City Commission.
The goals and objectives shall be established on a yearly basis by October 1 of the year
preceding the year in which the bonus is to be paid. In any event, the standard aggregate
bonus paid to Dubin in any one year shall not exceed 15 % of the base fee.
10. Licensed or Registered Personnel. All services to be rendered by Dubin
under this Agreement, which are required by law to be performed by or under the direction of
a duly licensed or registered professional, shall be rendered in compliance with such
requirements.
11. Designated Representative. All of Dubin's recommendations, reports and
certifications are to be routed through the City Manager or his designee.
12. Performance. During the term of this Agreement, Dubin shall, to the best of
his ability, design, inform, suggest, advise and render all services that might be requested by
City or which may be appropriate in respect to the Services on a timely basis, as required by
City to meet project timetable needs. City shall have the right to make use of same in its
business at any time as it may desire without further payment to Dubin, other than that
specifically stated herein. All reports and other documents furnished by Dubin in the course
of or as a result of performing the Services shall be the property of City and may be used by
City for any purpose whatsoever.
13. Confidentiality. In the performance of the Services, Dubin may be exposed to
the confidential information of City and others. Dubin shall not disclose to anyone not
employed by City nor use, except on behalf of City, any such confidential information
acquired by him the performance of the Services except as authorized by City in writing.
Regardless of the term of this Agreement, Dubin shall be bound by this obligation until such
time as said confidential information shall become part of the public domain. Information
regarding all aspects of City's business and information concerning the Services (either
directly or indirectly disclosed to him or developed by him in the performance of the Services)
shall be presumed to be confidential except to the extent that same shall have been published or
4
otherwise made freely available to the general public without restriction. Dubin also agrees
that he will not disclose to City any information he holds subject to any obligation of
confidence to any third parties.
14. Insurance. Dubin shall provide the City with insurance certificates showing
the following minimum insurance coverages, which coverage shall be maintained throughout
the term of this Agreement.
A. Worker's Compensation. Coverage to apply for all employees for
Statutory Limits in compliance with the applicable state and federal laws. In addition,
the policy must include the following:
1. Employers' Liability with a limit of $500,000 each accident.
2. Notice of Cancellation and/or Restrictions. The policy must be endorsed to
provide the City with thirty (30) days written notice of cancellation and/or
restriction.
B. Comprehensive General Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive General Liability
Policy filed by the Insurance Service Office and must include:
1. Minimum Limits of total coverage shall be $5,000,000 per occurrence
combined single limit for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form with any excess coverage (and
the carrier) to meet the $5,000,000 minimum to be acceptable to the City.
2. Premises and/or Operations, including restaurant liability and liquor
liability.
3. Independent Contractors.
4. Products and/or Completed Operations. Dubin shall maintain in force until
at least three (3) years after completion of all services required under the
License, coverage for products and completed operations, including Broad
Form Property Damage.
5. XCU Coverages.
6. Broad Form Property Damage including Completed Operations.
7. Broad Form Contractual Coverage applicable to this specific contract,
including any hold harmless and/or indemnification agreement.
8. Personal injury coverage with employee and contractual exclusions
removed.
9. The City is to be specifically included as an additional insured (including
products).
10. Notice of Cancellation and/or Restriction. The policy must be endorsed to
provide the City with thirty (30) days written notice of cancellation and/or
restriction.
11. A Best Rating of no less than B + 12 is required for any carriers providing
coverage required under the terms of this License Agreement.
15. Limited Waiver of Subrogation Rights. The City hereby waives any and all
right to assert a claim or cause of action against Dubin in excess of the City's Self Insured
Retention contained in the City's property insurance policy for any damage to the City's real
or personal property, or both, that occurs at either Lakeview Golf Course or Delray Beach
Municipal Golf Course that occurs as a result of the acts or omissions of Dubin, his agents,
assigns, contractors, subcontractors or employees. The City retains any and all rights to assert
a claim or cause of action against Dubin for an amount up to the City's Self Insured Retention
(currently seventy-five thousand dollars ($75,000), but as shall be increased or decreased from
time to time) for any damage that occurs as a result of the negligence of Dubin, his agents,
assigns, contractors, subcontractors or employees to the City's real or personal property, or
both, at either Lakeview Golf Course or Delray Beach Municipal Golf Course.
16. Purchase. All purchases of equipment or supplies for the operation of the golf
course shall be made by the City's Purchasing Department.
17. Use of the Golf Course. Employees of Dubin may enjoy the use of the golf
course at no cost, so long as it is in accordance with policies to be approved by the City
Manager. In addition, at their discretion, Dubin may allow up to 50 complimentary rounds of
golf, including cart charges per calendar month; however, in no event may such
complimentary round, or cart charges be made available to City employees or officials.
18. Alcoholic Beverage License. The parties agree that City will pay all costs, fees
and expenses associated with maintaining the alcoholic beverage licenses. At the time of the
6
termination of the Management Agreement, Dubin shall transfer the alcoholic beverage license
to the City. The cost for the transfer of the alcoholic beverage license shall be paid for by
city.
City will be responsible for the remittance of sales taxes on a monthly basis to the State
of Florida, including all late fees and penalties, which the State of Florida may assess with
respect to the alcoholic beverage license.
Dubin shall ensure that all federal, state and local laws relating to the use of the
alcoholic beverage license are complied with.
19. Successors and Assigns. Dubin shall not assign or transfer its interest in this
Agreement without the prior written consent of City. The foregoing notwithstanding, this
Agreement shall be binding upon and inure to the benefit of each party's successors and
assigns.
20. Notices. All notices required or desired to be given under this Agreement shall
be in writing and delivered in person or transmitted certified mail, return receipt requested,
postage prepaid addressed to the party to be noticed, and shall be deemed to have been
delivered three (3) days after deposit in a post office or letter box in the above manner.
NOTICES TO BE GIVEN TO CITY SHALL BE ADDRESSED AS FOLLOWS:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 37,~,~.
NOTICES TO BE GIVEN TO DUBIN SHALL BE ADDRESSED AS FOLLOWS:
BJCE
1177 N.E. 8~h Street,//309
Delray Beach, FL 33483
21. Independent contractor. Dubin and his employees, volunteers and agents
shall be and remain independent contractors and not agents or employees of the City with
respect to all of the acts and services performed by and under the terms of the Agreement.
This Agreement shall in no way be construed as creating a partnership, association or any
other kind of joint venture or undertaking between the parties hereto.
22. Indemnification. Dubin agrees to indemnify, defend and hold the City, its
officers, agents, employees and assigns, harmless from any loss, damage, liability, negligence,
cause of action, or claim arising from the acts or omissions of his employees, agents,
volunteers and assigns and from the operations of the Delray Beach Golf Club and Lakeview
Golf Club.
23. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
24. Entire Agreement. This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
25. Amendments. This Agreement may not be amended, modified, altered, or
changed in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
26. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
27. Venue. Any action brought to enforce the provisions of this Agreement shall be
8
brought in a court of competem jurisdiction in Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this ~ day of ,1999.
THE CITY OF DELRAY BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk Jay Alperin, Mayor
Approved as to form:
City Attorney
BJCE, INC., d/b/a Dubin & Associates,
a Florida Corporation
By:
Name Printed:
Title:
(SE~L)
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this day of
, 1999 by (name of officer or agent, title of
officer or agent) of (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the corporation.
He/She is personally known to me or has produced (type of
identification) as identification and did (did not) take an oath.
9
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
10
EXHIBIT "A"
The scope of the Services will include but will not be limited to the following:
1. Supervise and direct the general operations of golf courses owned by the City.
2. Oversee all administration of all golf course operations, assuring that proper accounting
systems are in place.
3. Perform an on-going review of total operational costs by department.
4. Insure that adequate Internal Control systems are in place in all areas of the operations.
5. Perform monthly reviews of the f'mancial statements and provide monthly revenue reports
in the format prescribed to by the City.
6. Prepare operational and capital budgets for review and approval by the City Manager.
7. Review and assist in the planning of all marketing and promotional programs.
8. Approve all expenditures before they are submitted for payment to the City and insure
expenditures are made in compliance with the City purchasing policies.
9. Assure that the highest standards of general maintenance are maintained.
10. Provide monthly course maintenance and utilization reports in a format as required by the
City.
11. Dubin shall hire and employ all personnel necessary to maintain and operate the golf
course and restaurant. Dubin will have full authority over thc hiring and firing of all
personnel.
12. Dubin shall operate and maintain the restaurant operation in accordance with all federal,
state and local government laws and regulations, including health department regulations
and state liquor board regulations.
13. Dubin shall operate a full service restaurant in accordance with the terms and conditions of
the alcohol beverage license.
14. Dubin shall make recommendations and assist the City in planning and implementing
capital improvements for the Golf Courses.
15. Dubin shall ensure that all buildings, other structures, equipment and irrigation systems
related to the Golf Courses are maintained and repaired to City standards.
12
TENNIS CENTER MANAGEMENT AGREEMENT
THIS AGREEMENT ("The Agreement") is made this ~ day of ., 199__
by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the
"City"), and BJCE, INC., a Florida corporation, d/b/a Dubin & Associates (hereinafter
called "Dubin').
WITNESSETH:
WHEREAS, the parties entered into an amendment dated May 22, 1996 to a
management agreement dated November 1, 1994, to provide for management services at the
Delray Beach Tennis Center; and
WHEREAS, the management agreement and its amendments thereto are scheduled to
expire on September 30, 1999; and
WHEREAS, the City has determined it is in the public interest to renew the
management agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and the recitals are hereby incorporated as if fully set
forth in this Agreement.
2. Agreement to perform work. City agrees to retain Dubin to render certain
professional services (hereinafter the "Services") and to pay for the performance of such work
on and under the conditions which are set forth in this Agreement, and Dubin agrees to
perform such Services to the reasonable satisfaction of the City and to accept full payment as is
set forth in this Agreement.
3. Services. The services shall generally consist of those services more
particularly set forth in exhibit "A" which is attached hereto and incorporated as if fully set
forth herein.
4. Term of Agreement. This agreement will commence on October 1, 1999 and
terminate on September 30, 2004.
5. Termination. This Agreement may be terminated by the City with or without '
cause.
5. Termination. This Agreement may be terminated by the City with or without cause.
(a) For cause. If cause exists to terminate the agreement, the City shall
send notice to Dubin that such cause exists. The City's notice shall clearly identify the
condition that requires correction, and shall provide Dubin with a reasonably sufficient
amount of time, taking into account the particular corrective action required, for
initiation and completion of the corrective action. If such condition is corrected within
the amount of time provided in the City's notice, then this agreement shall remain in
effect. If such condition is not corrected within the time provided in the notice, then
this agreement may be terminated by the City in its sole discretion. Upon termination
of this agreement, Dubin shall remit to the City a pro-rata share of the payment
received for services based on the number of days prior to the beginning of the month
that the agreement is terminated. The City shall remit, after review and approval of all
receipts and itemizations, any outstanding reimburseables incurred by Dubin prior to
termination of the agreement.
(b) Without cause. The City may terminate this agreement without cause
after giving Dubin thirty (30) days written notice. Upon termination of this agreement,
Dubin shall be paid the per month base payment amount, appropriate for the year in
which the notice was given, for six (6) months subsequent to the termination of this
agreement, as compensation for severance. The City shall make the severance
payments to Dubin on the first of each month, beginning with the month immediately
following the date of termination of this agreement, regardless of the date upon which
this agreement was terminated. The City shall remit, after review and approval of all
receipts and itemizations, any outstanding reimbursables incurred by Dubin prior to
termination of the agreement.
6. Base Payment. The City shall pay Dubin for the performance of work at a
base monthly rate payable at the first of the month as follows:
October 1999 through September 2002:$2,000 per month
October 2002 through September 2004:$2,500 per month
2
7. Reimburseables. The City shall accept and pay the actual cost of
reimburseables as follows:
(a) Payroll costs for Dubin's employees who are working full-time or part-time
at the Delray Beach Golf Club and Lakeview Golf Club. The payment of such
payroll costs is subject to the City Manager's, or his designee's prior approval,
and only such approved costs shall be paid;
Co) All insurance premiums as required under paragraph 14 of this agreement;
(c) Pre-approved travel expenses;
(d) Mileage at the current City rate per mile;
(e) Telephone, mail, facsimile and pre-approved miscellaneous out-of-pocket
expenses.
Dubin shall itemize all expenses and submit receipts to show proof thereof. Such
expenses shall be billed by Dubin at cost on a monthly basis.
8. Availability of Consultant. During the term of this Agreement, Dubin shall
make himself available to perform the Services as may be required to accomplish the Services
in the manner required by this Agreement. Dubin shall be available for consultation during
the hours normally worked by City's employees unless otherwise agreed between City and
Dubin, and in special circumstances. Dubin shall also be available to City during evening
meeting hours and other reasonable times when required by City.
9. Performance Bonus. In addition to the base payment, Dubin shall be eligible
to receive a yearly fixed bonus payment on or before December It' of each year. The
performance bonus shall be contingent upon accomplishing specific yearly goals and objectives
as agreed to by Dubin and the City Manager in writing and approved by the City Commission.
The goals and objectives shall be established on a yearly basis by October 1 of the year
preceding the year in which the bonus is to be paid. In any event, the standard aggregate
bonus paid to Dubin in any one year shall not exceed 15% of the base fee.
10. Licensed or Registered Personnel. All services to be rendered by Dubin
under this Agreement, which are required by law to be performed by or under the direction of
a duly licensed or registered professional, shall be rendered in compliance with such
requirements.
11. Designated Representative. All of Dubin's recommendations, reports and
certifications are to be routed through the City Manager or his designee.
12. Performance. During the term of this Agreement, Dubin shall, to the best of
his ability, design, inform, suggest, advise and render all services that might be requested by
City or which may be appropriate in respect to the Services on a timely basis, as required by
City to meet project timetable needs. City shall have the right to make use of same in its
business at any time as it may desire without further payment to Dubin, other than that
specifically stated herein. All reports and other documents furnished by Dubin in the course
of or as a result of performing the Services shall be the property of City and may be used by
City for any purpose whatsoever.
13. Confidentiality. In the performance of the Services, Dubin may be exposed to
the confidential information of City and others. Dubin shall not disclose to anyone not
employed by City nor use, except on behalf of City, any such confidential information
acquired by him the performance of the Services except as authorized by City in writing.
Regardless of the term of this Agreement, Dubin shall be bound by this obligation until such
time as said confidential information shall become part of the public domain. Information
regarding all aspects of City's business and information concerning the Services (either
directly or indirectly disclosed to him or developed by him in the performance of the Services)
shall be presumed to be confidential except to the extent that same shall have been published or
otherwise made freely available to the general public without restriction. Dubin also agrees
that he will not disclose to City any information he holds subject to any obligation of
confidence to any third parties.
14. Insurance. Dubin shall provide the City with insurance certificates showing
the following minimum insurance coverages, which coverage shall be maintained throughout
the term of this Agreement.
A. Worker's Compensation. Coverage to apply for all employees for
Statutory Limits in compliance with the applicable state and federal laws. In addition,
the policy must include the following:
1. Employers' Liability with a limit of $500,000 each accident.
4
2. Notice of Cancellation and/or Restrictions. The policy must be endorsed to
provide the City with thirty (30) days written notice of cancellation and/or
restriction.
B. Comprehensive General Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive General Liability
Policy filed by the Insurance Service Office and must include:
1. Minimum Limits of total coverage shall be $5,000,000 per occurrence
combined single limit for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form with any excess coverage (and
the carrier) to meet the $5,000,000 minimum to be acceptable to the City.
2. Premises and/or Operations, including restaurant liability and liquor
liability.
3. Independent Contractors.
4. Products and/or Completed Operations. Dubin shall maintain in force until
at least three (3) years after completion of all services required under the
License, coverage for products and completed operations, including Broad
Form Property Damage.
5. XCU Coverages.
6. Broad Form Property Damage including Completed Operations.
7. Broad Form Contractual Coverage applicable to this specific contract,
including any hold harmless aM/or indemnification agreement.
8. Personal injury coverage with employee and contractual exclusions
removed.
9. The City is to be specifically included as an additional insured (including
products).
10. Notice of Cancellation and/or Restriction. The policy must be endorsed to
provide the City with thirty (30) days written notice of cancellation and/or
restriction.
11. A Best Rating of no less than B + 12 is required for any carriers providing
coverage required under the terms of this License Agreement.
15. Purchase. All purchases of equipment or supplies for the operation of the golf
course shall be made by the City's Purchasing Department.
16. Alcoholic Beverage License. The parties agree that City will pay all costs, fees
and expenses associated with maintaining the alcoholic beverage licenses. At the time of the
termination of the Management Agreement, Dubin shall transfer the alcoholic beverage license
to the City. The cost for the transfer of the alcoholic beverage license shall be paid for by
City.
City will be responsible for the remittance of sales taxes on a monthly basis to the State
of Florida, including all late fees and penalties, which the State of Florida may assess with
respect to the alcoholic beverage license.
Dubin shall ensure that all federal, state and local laws relating to the use of the
alcoholic beverage license are complied with.
17. Successors and Assigns. Dubin shall not assign or transfer its interest in this
Agreement without the prior written consent of City. The foregoing notwithstanding, this
Agreement shall be binding upon and inure to the benefit of each party's successors and
assigns.
18. Notices. All notices required or desired to be given under this Agreement shall
be in writing and delivered in person or transmitted certified mail, return receipt requested,
postage prepaid addressed to the party to be noticed, and shall be deemed to have been
delivered three (3) days after deposit in a post office or letter box in the above manner.
NOTICES TO BE GIVEN TO CITY SHALL BE ADDRESSED AS FOLLOWS:
City of Delray Beach
100 N.W. 1st Avenue
Defray Beach, FL 33~.~.~.
NOTICES TO BE GIVEN TO DUBIN SHALL BE ADDRESSED AS FOLLOWS:
BJCE
1177 N.E. 8~h Street, #309
Delray Beach, FL 33483
19. Independent contractor. Dubin and his employees, volunteers and agents
shall be and remain independent contractors and not agents or employees of the City with
respect to all of the acts and services performed by and under the terms of the Agreement.
This Agreement shall in no way be construed as creating a parmership, association or any
other kind of joint venture or undertaking between the parties hereto.
6
- 20. Indemnification. Dubin agrees to indemnify, defend and hold the City, its
officers, agents, employees and assigns, harmless from any loss, damage, liability, negligence,
cause of action, or claim arising from the acts or omissions of his employees, agents,
volunteers and assigns and from the operations of the Delray Beach Golf Club and Lakeview
Golf Club.
21. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
22. Entire Agreement. This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
23. Amendments. This Agreement may not be amended, modified, altered, or
changed in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
24. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
25. Venue. Any action brought to enforce the provisions of this Agreement shall be
brought in a court of competent jurisdiction in Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this ~ day of ,1999.
THE CITY OF DELRAY BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk Jay Alperin, Mayor
Approved as to form:
City Attorney
BJCE, INC., d/b/a Dubin & Associates,
a Florida Corporation
By:
Name Printed:
Title:
(SEAL)
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrumem was acknowledged before me this day of
, 1999 by (name of officer or agem, title of
officer or agent) of (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the corporation.
He/She is personally known to me or has produced (type of
identification) as idemification and did (did not) take an oath.
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
EXHIBIT "A"
The scope of the work will include but will not be limited to the following:
1. Supervise and direct the general operations of the tennis center owned by the City.
2. Oversee all administration of all tennis center operations, assuring that proper accounting
systems are in place.
3. Perform an on-going review of total operational costs for the tennis center.
4. Insure that adequate internal control systems are in place in all areas of the operation.
5. Perform monthly reviews of the financial statements and provide monthly f'mancial
statements in the format prescribed to the City.
6. Prepare operating and capital improvement budgets.
7. Prepare, plan and implement all marketing and promotional programs, subject to current
agreements between the City and third parties.
8. Approved all expenditures before they are submitted for payment to the City and ensure
expenditures are made in compliance with the City purchasing policies.
9. Assure that the highest standards of general maintenance are maintained, except for the
landscape and landscape irrigation maintenance.
10. Provide monthly tennis center maintenance repons.
11. Coordinate concert, special events, tennis tournaments (professional and amateur) and all
other events with their promoters and special event coordinators.
12. Dubin shall hire and employ all personnel necessary to maintain and operate the tennis
center. Dubin will have full authority over the hiring and firing of all Dubin personnel.
13. Dubin shall operate and maintain the tennis center operation in accordance with all federal,
state and local government laws and regulations, including health department regulations
and state liquor board regulations.
14. Work closely with all civic groups, tennis patrons and afterschool programs.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # - WORKSHOP MEETING OF SEPTEMBER 14~ 1999
COMPREHENSIVE CAPITAL INFRASTRUCTURE PROGRAM
DATE: SEPTEMBER 10, 1999
A few weeks ago, Dick Hasko sent to you a copy of P.E.C.'s final
report on the comprehensive capital infrastructure program.
It might be helpful for you to bring this report to Tuesday
night's meeting for P.E.C.'s presentation on same.
Ref:AGMEMO10.P.E.C.Final Report
RECEIVED
DE[RAY BEAEH CITY MANAGER
~Jl-,~ei'Jl~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: September 3, 1999
SUBJECT: Recommendations for Funding Special Events and
Charitable Organizations FY00
A committee composed of Lula Butler, Doug Randolph and myself reviewed requests for
funding for FY00 for special events and charitable and benevolent organizations. Our
recommendations for funding are attached as exhibits "A" and "B". Requests for funding
in each group exceeded funds available.
A total of $93,860 in requests were received for special events with a total of $55,1 l0
available. A total of 404,945.27 in requests were received for grants with a total of
$188,520 available. The Committee did not recommend funding for any new projects.
Additional comments are as follows:
SPECIAL EV~_.NTS
1. Roots Festival - We are recommending for the third year that overtime for police up
to $7,000 be waived versus providing cash funding.
2. Fourth of July - Funding for the Fourth of July is provided as a part of the $40,000
budgeted for the Joint Venture in the Grant Budget.
3. Fotofusion - Funding is recommended at the same level due to fund availability.
Proposed spending for FY00 is $10,000 more than last year's actual. Projected
revenues without the City contribution are projected to be about $42,000 less. The
THE EFFORT ALWAYS MATTERS ~,~. ~]/
biggest reduction in revenues is sponsorship dollars i.e. 45,000 less from the Tourist
Development Council and $35,000 less from Kodak.
Funding has not been recommended for any new requests. Footnotes have been added
which outline funding amounts each organization will receive from the Community
Development Block Grant Program.
As we did last year the funding for the Drug Abuse Foundation will come from a General
Fund transfer from the Tennis Center.
RAB/dr
RANG£1_,/P. AB
Harden memo
Special Events Funding
FISCAL YEAI~ 1999-00
EXHIBIT A
SPECIAL EVENt'S
Organization Requested FY Recommended FY 1999 Funding FY 1998 Funding
2000 FY 2000
Holiday Parade 3,000 3,000 3,000 3,000
Delray Beach EducatiOn Board 3,110 2,800 2,000 7,000
Fotofusion 50,000 10,000 10,000 6,000
Fourth Of July Fireworks 0(2) 0(2) 0(2) ,10,000
Joint Venture christmas Tree 25,000 25~000 25,000 7,000
Martin Luther King Celebration 500 500 500 500
Project Grad Olympic Heights 250 0 0 0
Roots Festival 0(1 ) 0(1 ) 0( 1 ) 0(1 )
,,Safety Patrol Tdps 1,500 1,500 1,500 1,000
Sister Cities Committee 2,500 2,500 3,500 2,500
Sunshine Tennis CuD 0 0 0 15,000
Old School Square First Night 8,000 6,000 5,000 5,000
Contingency 0 3,810 6,000 7,380
{TOTAL J $93,860 J $55,110 [ $56,500[ $64,380 J
(1) Committee recommends that no cash contribution be given, but recommends that the City absorb all
police overtime for this event up to a maximum of $7,000 as in FY 99.
(2) Funded from dollars allocated to the Joint Venture.
GRAN~S ,
FISI2AL YEAR 1999-00
EXHIBIT B
Organization FY 2000 ]~' 2000 Amount FY 1999 FY 1998 FY 1997
Amount Recommend Funding Funding Funding
Requested
Aid to Victims of Domestic Assault
(AVDA) 25,000 20,000 20,000 20,000 17,800
Alpha Time Child Center Palm
Beach County 24,180 0 (1) 0 0 0
Alzheimer's Association
Community Care 5,000 0 0 1,000 1,000
The Association of Retarded
Citizen (ARC) 5,000 3,000 3,000 3,000 3,000
Boy's & Girls Club of Palm Beach
Co. 85,000 40,000 (2) 40,000 51,200 51,200
Carver Estates Youth Program 0 0 1,000 0 0
Community Child Care Center of'
Delray Beach 27,500 25,000 (3) 27,500 27,500 25,000
Deaf Service Center 8,000 7,000 7,000 7,000 6,000
Drug Abuse Foundation 20,000 0 (4) 0 20,000 32,530
EPOCH 20,000 20,000 20,000 0 0
Fdends of Sandoway House 40,000 28,000 25,000 0 0
The Haven .25,000 0 0 0 0
Hospice by the. Sea 7,500 0 0 2,500 2,500
Mad Dads 53,250 0 (5) 0 0 0
Mae Volen Senior Center 5,000 0 1,000 3,500 3,000
School Distdct Palm Beach 58,515.27 30,000
County Child Care Program. 23,800 26,640 28,000
Urban League 8,000 5,000 (6) 5,000 0 0
Wayside House 8,000 6,000 6,000 '5,000 0
Contingency 0 4,520 4,450 0 0
]TOTAL I $404,946'271 $188,520I $t83,750 ) $t67,340 ] $170,030 ]
(l) Funded $8,000 by CDBG
(2) Funded $50,000 from CDBG
(3) Funded $21,000 from CDBG
(4) Funding to come from G.F. Transfer
(5) Funding comes from CDBG $53,250
(6) Also receiving $12,000 from CDBG