05-09-00 SpMtgMAY 9, 2000
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m. on
Tuesday, May 9, 2000.
Roll call showed:
Present -
Commissioner Patricia Archer (arrived at 6:05 p.m.)
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Bill Schwartz
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby
Mr. Perlman made a motion to add Item 3, Change Order to Contract with
Motorola for the 800 MHz Radio System, to the Special Meeting agenda, seconded by Mr.
Schwartz. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes;
Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
(1) Distribution of FY 2001 Drug Control & System Improvement Funds: Consider
approval of the distribution of FY 2001 Drug Control & System Improvement (DCSI) funds (aka
Byrne funds) in the amount of $728,458 as recommended by the Criminal Justice Commission, and
authorize the Mayor to send a letter agreeing to the allocation of these funds.
Mr. Perlman moved to approve the distribution of FY 2001 Drug Control & System
Improvement funds, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows:
Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion
passed with a 4 to 0 vote.
(2) Agreement for Procurement of Naming Rights of the Delray Beach Tennis
Center: Consider approval of an agreement between the City and Flight Media, Inc. (FMI) wherein
the City grants to FMI exclusive rights to procure commitments for the sale or lease of naming rights
at the Delray Beach Tennis Center for a period of six (6) months commencing on May 10, 2000 and
extending until November 10, 2000.
Mr. Harden noted revisions in paragraphs six and eight to clarify the amendments are
regarding naming rights only. A phrase was added regarding the costs to state that they will be
deducted from the gross revenue rather than net revenues. Mr. Harden continued to explain the
breakdown of costs.
The City Attorney explained that paragraph eight in the original agreement stated the
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City had the ability to accept or reject at its sole discretion any sponsor who would promote a positive
image. Flight Media has requested a revision to that paragraph that reads the City has the right to
accept or reject sponsors within reason. The amendment gives the right to sponsors to sue the city if
the rejection is not within reason.
Mr. Harden commented that the reference checks on Flight Media are acceptable and
the fees are standard.
Discussion followed by the Commission. Mr. Perlman expressed that he objects to
making a decision on a single bid. He would prefer to compare between firms. Tonight was the first
time he had seen any information on Flight Media. He continued to state that he asked other firms
about the profit margin; 33 1/3% above is not an industry standard. A competitive bid is necessary,
and the Commission should create a game plan for the tennis stadium.
agreement.
scale.
Discussion followed by the Commission regarding wording in the amended
Mr. Brahm Dublin, JCD Sports Group, Inc., explained the reasoning for the commission
There was a 3 to 2 consensus by the Commission to move ahead with the agreement
process with the understanding that the agreement will only have a term of six months, the words
"within reason" be deleted from the agreement, and commissions for Flight Media, Inc. will total not
more than 20%, including bonuses, language will be added regarding expenses, and the City will
have the final say on the type of signage implemented.
(2.A.) Amendment No. 3 to Match Point Agreement: Consider approval of Amendment
No. 3 to the agreement between the City and Match Point, Inc. to provide that Match Point agrees to
abstain from attempting to sell or procure naming rights for the Tennis Center for the six month
period in which the City has the agreement with Flight Media, Inc.
Agreement.
The City Attorney stated nothing is required at this point regarding the Match Point
(3)
CHANGE ORDER TO CONTRACT WITH MOTOROLA FOR THE 800 MHz
RADIO SYSTEM: Consider approval of a change order (#1) in the total amount of $54,879.64 to
the contract with Motorola for equipment changes and upgrades to the 800 MHz Radio System,
including modification of the public safety radio equipment to provide digital communication versus
analog. A portion of the upgrade cost ($8,671) will be reimbursed from Highland Beach and Gulf
Stream.
Capt. Licata responded to Ms. McCarthy's question of why the Police Department is
not implementing a complete digital system by stating that the Police and Fire Departments are
requesting to switch to digital, but local government will remain analog. When personnel travel
outside of the jurisdiction, digital provides better sound quality and operability when working with
other agencies verses the analog. Digital is the desired format for public safety.
Discussion followed by Commission regarding model selection, radio life expectancy
and replacement insurance. Capt. Licata stated that the City has not negotiated any replacement
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guarantees with Motorola, only to provide service.
Mr. Schmidt made a motion to approve the change order to the contract with Motorola
for the 800 MHz system, seconded by Mr. Perlman. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion
passed with a 5 to 0 vote.
At this point, the Commission moved to the Workshop portion of the agenda.
There being no further business, Mayor Schmidt adjourned the special meeting at 8:30
p.m. at which time the regularly scheduled workshop was convened.
ATTEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided
herein is the minutes of the City Commission special meeting held on May 9, 2000, which minutes
were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER: If the minutes you have received are not completed as indicated above, this
means they are not the official minutes of the City Commission. They will become the official
minutes only after review and approval which may involve some amendments, additions or deletions.
5/09/00
guarantees with Motorola, only to provide service.
Mr. Schmidt made a motion to approve the change order to the contract with Motorola
for the 800 MHz system, seconded by Mr. Perlman. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Schmidt- Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion
· passed with a 5 to 0 vote.'
At this point, the Commission moved to the Workshop portion of the agenda.
There being no ftwther business, Mayor Schmidt adjourned the special meeting ai 8:30
p.m. at which time the regularly scheduled workshop was convened.
City Clerk
AIO'EST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided
herein is the minutes of the City Commission special meeting held on May 9, 2000, which minutes
were formally approved and adopted by the City Commission on ~~,
City Clerk'
NOTE TO READER: If the minutes you have received are not completed as indicated above, this
means they are not the official minutes of the City Commission. They will become the official
minutes only after review and approval which may involve some amendments, additions or deletions.
5/09/00