Res 20-15 C
j RESOLUTION NO. 20-15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, APPROVING THE PURCHASE OF TENNIS EVENT
MANAGEMENT SERVICES FOR THE DELRAY BEACH TENNIS CENTER TO
JCD SPORTS GROUP, INC., DECLARING BY A FOUR-FIFTHS AFFIRMATIVE
VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD OR WRITTEN
QUOTATIONS PROCUREMENT METHOD FOR THE PURCHASE IS NOT IN THE
BEST INTEREST OF THE CITY;PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 5, 2013, the City renewed the Agreement with JCD Sports Group, Inc. to
provide consulting services for the purpose of attracting special events to the Tennis Center, event
management, and for the purpose of identifying and assisting in the development of additional revenue sources
for the City of Delray Beach Tennis Center; and
WHEREAS, the Agreement originally commenced on December 1, 2007 and expired on November
30, 2012, and was renewed for two--additional one year periods by the City Manager, as per the Agreement; and
WHEREAS, the parent company of JCD Sports Group, Inc. also is under contract with the City of
Delray Beach for the Management of the Municipal Tennis Center and Delray Swim and Tennis Club; and
WHEREAS, the Agreement with Dubin & Associates, Inc. (parent company of JCD Sports Group,
Inc) expires on September 30, 2016;and
WHEREAS, it is in the best interest of the City to coordinate all contracts with Dubin & Associates,
Inc. and JCD Sports, Inc. to have coinciding concluding dates;and
WHEREAS, it is in the best interest of the City to use the same company to manage all aspects of
facility and event management at the Municipal Tennis Center and Delray Swim and Tennis Club;and
WHEREAS,Parrs &Recreation will ensure that future procurement of facility and event management
of the Municipal Tennis Center and Delray Swim.and Tennis Club are combined into one agreement; and
WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire
or contract for non-real. property, goods or sexvices without utilizing a Sealed Competitive Method or the
Written Quotation Method where the City Commission declares by at least a four-fifth (4/5) affirmative vote
that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City.
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Res No. 20-15
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and
correct factual findings and are made a specific part of this Resolution.
Section 2. The City Commission of die City of Delray Beach hereby declares, by a minimum four-
fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method
is not in the best interest of the City. The City Commission declares that the acquisition of consulting services
for the purpose of attracting special events to the Tennis Center, event management, and for the purpose of
identifying and assisting in the development of additional revenue sources for the City of Delray Beach Tennis
Center from JCD Sports Group, Inc.,until September 30, 2016,is in the best interest of the City.
Section 3. The City Manager is authorized to do all things necessaty and expedient to carry out the
aims of this Resolution.
Section 4: This Resolution shall tape effect immediately upon adoption.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the G`'' day of
April,2015.
MAYOR
ATTEST:
City Clerk
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Res No. 20--15
Coversheet Page 1 of 2
MEMORANDUM
TO: M ayor and Ci ty Commi ssi oners
FROM: Suzanne Davis, D i rector of Parks and Recreation
THROUGH: Donald B. Cooper, City Manager
DATE: March 13, 2015
SUBJECT: AGENDA ITEM 9.K. - REGULAR COMM I SSI ON MEETING OF APRIL 6,2015
BEST INTEREST RESOLUTION NO.20-15/JCD SPORTS GROUP, INC./RETROACTIVE
CONTRACT FOR TENNIS EVENT MANAGEMENT SERVICES FORTH E DELRAY BEACH
TENNISCENTER
BACKGROUND
On November 5, 2013 the City entered into an agreement with JCD Sports Group, Inc to provide
consulting services for the purposes of attracting special events to the Tennis Center, event
management, and for the purpose of identifyi ng and assisti ng i n the development of additional revenue
sources for the Ci ty of Del ray Tenni s Center. The on g nal contract commenced on December 1, 2007
and expi red on N ovember 30, 2012. The Ci ty M anager exerci sed the opt on to renew for two-add i ti onal
one year periods. All extended contract terms expired on November 30, 2014. The proposed agreement
i s retroacti ve to M arch 1, 2015 and wi I I expi re September 30, 2016. The monthl y contracted amount i s
$2,300.77.
Staff i s recommendi ng the resol uti on be approved i n compl i ance wi th the Code of Ordi nances, Chapter
36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02(c)(11) "Best
Interest Acqui si ti on."
LEGAL DEPARTMENT REVIEW
Approved as to form and I egal suf f i ci ency..
FI NANCI AL DEPARTMENT REVIEW
Fi nance recommends approved.
DISCUSSION
JCD Sports Group, I nc. i s a subsi di ary corporati on of D ubi n & Associ ates, I nc. D ubi n & Associ aces,
nc. i s under contract wi th the Ci ty of Del ray Beach f or the management of the M uni ci pal Tenni s Center
and Del ray Swi m and Tenni s Cl ub. Thi s contract expi res on September 30, 2016. Si nce the coordi nati on
of tenni s event management, i ncl udi ng speci al events such as the New Year's Eve cel ebrati on, peri odi c
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youth and adult specialty tournaments, f aci I i ty rentals, and the filming of commercials requires
si gni f i cant synchroni zati on between the dai I y operati ons staff of the Tenni s Center and the consul tant, i t
i s i n the best i nterest of the Ci ty that the compani es are one i n the same.
Parks& Recreati on i s requesti ng to retai n JCD Sports Group, I nc., through a speci al i zed contract, unti I
September 30, 2016.
Future procurement of facility and event management and specialty consulting services for the
M uni ci pal Tenni s Center and Del ray Swi m and Tenni s Cl ub wi I I be combi ned i nto one agreement.
OPERATING COST
Fundi ng i s avai I abl a under the approved FY 2014-15 department operati ng budget Account#001-4210-
575-34.90 (Operating Expenses—Other Contractual Services) in the amount of $27,609.24.
TI M I NG OF TH E REQUEST
Thi s i s ti me sensi ti ve, as the contract for JCD Sports Group, I nc. expi red N ovember 30, 2014. Parks&
Recreation has been operating on a month-to-month basis with JCD Sports Group, Inc. since December.
JCD Sports Group, I nc. was essenti al i n the producti on of Fi rst N i ght, as wel I as securi ng and managi ng
the commerci al f i I m producti ons that have taken pl ace i n the Tenni s Stadi um i n February and M arch.
FUNDING SOURCE
Fundi ng i s avai I abl a under the approved FY 2014-15 department operati ng budget Account#001-4210-
575-34.90 (Operating Expenses—Other Contractual Services) in the amount of $27,609.24.
RECOM M ENDATI ON
Staff recommends approval of the fol I owi ng:
• A contract f or consultant and event management servi ces to JCD Sports Group, I nc. to expi re on
September 30, 2016 i n the amount of $2,300.77 per month/ $27,609.24 per year.
• Resol uti on No. 20-15.
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AGREEMENT
THIS AGREEMENT is made this day of , 2015 between
the City of Delray Beach, a Florida municipal corporation ("City"), and JCD Sports Group, Inc.,
a Florida corporation ("Consultant").
WITNESSETH:
WHEREAS, the City owns and operates the City of Delray Beach Tennis Center, located at
201 West Atlantic Avenue, Delray Beach, Florida ("Tennis Center"); and
WHEREAS, the City and Consultant previously entered into an agreement originally dated
December 1, 2007, which ultimately terminated on November 30, 2014, for consulting services for
the purpose of attracting special events to the Tennis Center, event management, and for the
purpose of identifying and assisting in the development of additional revenue sources for the Tennis
Center;and
WHEREAS, the City and an affiliate of Consultant have entered into a separate agreement
for dated August 1, 2011, which is scheduled to terminate on September 30, 2016, for management
of the Tennis Center and Delray Swim and Tennis Club ("Management Agreement");and
WHEREAS, the City and Consultant desire to enter into a new consulting agreement that
will be in effect until the scheduled termination date of the Management Agreement; and
NOW, THEREFORE, for the mutual covenants and consideration set forth in this
Agreement, the Parties agree as follows:
1. Recitals. The recitations set forth above are hereby incorporated into this
Agreement as if fully set forth herein.
2. Duties of Consultant. Consultant must perform the following duties: (1) interact
with community and special interest groups to develop relationships that generate interest in the use
of the Tennis Center for events; (2) visit area facilities and sites that generate like events to research
future performance considerations, site layouts, pricing, etc.; (3) develop relationships with local
facility managers to network for referrals when their sites are booked or there are capacity
constraints; (4) work with location scouts associated with area production companies to promote the
tennis stadium as a site for commercial shoots; (5) engage in conversations with prospective clients
to determine viability and legitimacy of requests; (6) assist in negotiating stadium agreements and
present same to the City for approval; (7) negotiate and oversee all stadium events to make sure
there is compliance with all associated contracts; and (8) meet monthly to update the City's Director
of Parks and Recreation regarding Consultant's activities.
3. Term of Agreement. This Agreement shall commence March 1, 2015 and expire at
11:59 PM on September 30, 2016. This Agreement may be renewed by the City Manager for one
additional one-year period.
4. Termination. Either Party may, with or without cause, terminate this Agreement
upon 30 days written notice. The termination will be effective 30 days from the date of deposit in
the U.S. Mail or date of hand delivery of the written notice. Upon the effective date of termination,
no further monthly payments shall be made by the City.
5. Compensation. The City shall pay Consultant Two Thousand Three Hundred
Dollars and Seventy-Seven Cents ($2,300.77) per month during the term of this Agreement. At no
point shall the total yearly payments made by the City to Consultant exceed Twenty-Seven
Thousand Six Hundred and Nine Dollars and Twenty-Four Cents ($27,609.24). Payment by the
City pursuant to this Agreement shall be due within thirty (30) days of receipt of invoice from
Consultant for same.
6. Independent Contractor. Consultant shall be and remain an independent
contractor and not an agent or employee of the City.
7. Indemnification. Contractor shall at all times hereafter indemnify, hold harmless
and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to
defend the City, its officers, agents, servants, and employees from and against any and all causes of
action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court
costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of,
or omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from,
or related to the subject matter of this Agreement including, without limitation, any and all claims,
losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from
injuries or damages sustained by any person or property. In the event any lawsuit or other
proceeding is brought against City by reason of any such claim, cause of action, or demand,
Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to
defend the City. The obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by the Contract Administrator and the City
Attorney, any sums due Contractor under this Agreement may be retained by City until all of City's
claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any
amount withheld shall not be subject to payment of interest by City.
8. Insurance. Contractor shall provide certificates of insurance to the City evidencing
its insurance coverage and naming the City as an additional insured. Such insurance shall be in an
amount and form that is acceptable to the City and shall be delivered to the City prior to execution
of this Agreement. If Contractor fails to provide the certificates of insurances in a form acceptable
to the City, the City may immediately terminate this Agreement.
9. Public Records. Contractor shall comply with all public records laws in
accordance with Chapter 119, Florida Statutes. In accordance with state law, Contractor agrees to:
a. Keep and maintain all records that ordinarily and necessarily would be required
by the City.
b. Provide the public with access to public records on the same terms and
conditions that the City would provide for the records and at a cost that does
not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise
provided by law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the
City all records in possession of Contractor at the termination of the contract
and destroy any public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
provided to the City in a format that is compatible with the information
technology systems of the City. All records shall be transferred to the City prior
to final payment being made to Contractor.
e. If Contractor does not comply with this section, the City shall enforce the
contract provisions in accordance with the contract and may unilaterally cancel
this contract in accordance with state law.
10. Inspector General. Contractor is aware that the Inspector General of Palm Beach
County has the authority to investigate and audit matters relating to the negotiation and
performance of this contract, and may demand and obtain records and testimony from Contractor
and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in
addition to all other remedies and consequences provided by law, the failure of Contractor or its
subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when
requested may be deemed by the City to be a material breach of this Agreement justifying its
termination.
11. Force Majeure. City shall not be responsible for its failure to make the premises
available or to provide the facilities and services described herein, where such performance is
rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor,
materials or services, government restriction (other than City), enemy action, civil commotion, fire,
unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond
the control of City.
12. Governing Law and Venue. Any dispute under this Agreement shall be
determined under the laws of the State of Florida with venue in Palm Beach County, Florida.
13. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties as it pertains to the duties outlined herein. Any and all modifications to this Agreement shall
not be effective unless in writing and signed by both Parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Grant Agreement as
of the day and year first written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Cary Glickstein, Mayor
Approved as to Form:
City Attorney
WITNESSES: JCD SPORTS GROUP, INC., a Florida
corporation
By:
(print or type name) (print name and title)
(print or type name)
(SEAL)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2015 by (name of officer or agent, title of officer or
agent) of JCD Sports Group, Inc., a Florida 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.
Signature of Notary Public-State of Florida