11-27-90 Regular
,
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 27, 1990 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, Comments by the public, Commission discussion and
official action. City Commission meetings are business meetings and as
such, the Commission retains the right to limit discussion on any
issue. In most cases remarks by an individual will be l~ted to three
minutes or less (10 minutes for a group presentation). The Mayor or
presiding officer may adjust the amount of time allocated at his/her
discretion.
A. Public' Hearings: Any citizen is entitled to speak on items
under this section.
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B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter within
the scope of jurisdiction of the Commission under this section.
The Commission may withhold comment or direct the City Manager to
take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist, and at the discretion of the
Commission, a citizen may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or non-agendaed
items should complete the sign-in sheet located on the right hand end
of the dais. If for some reason you are not able to complete the
sign-in sheet prior to the start of the meeting, you will not be
precluded from addressing the Commission on an appropriate item The
primary purpose of the sign-in sheet is to assist staff with record
keeping. Therefore, when you come up to the podium to make your
comments, kindly complete the sign-in sheet if you have not already
done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step
up to the podium and state, for the record, your name and address. All
comments will be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or
who becomes boisterous while addressing the Commission shall be barred
from speaking further to the Commission by the presiding officer,
unless permission to continue or again address the Commission is
granted by a majority vote of the Commission members present.
Agenda
Meeting of 11/27/90
NOTE: Prior to the meeting, Mr. Armand Mouw will be sworn in as a
City Commission member.
APPELLATE PROCEDURES
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 or hearing, such persons will need a record of these proceed-
ings, and for this purpose such persons may need to ensure that a
verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. The City
does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
.
3.A. Election of Vice-Mayor and Deputy Vice-Mayor (if necessary).
4. Agenda approval.
Action: Motion to approve.
5. Approval of Special Meeting minutes of November 7, 1990.
6. Proclamations:
A. Trinity Lutheran School Tigers - Victorious in a No Loss
Season.
7. Presentations: None
8. Consent Agenda:
A. ARCHITECT AGREEMENTS - VETERANS' PARK, CURRIE COMMONS PARK
AND MILLER PARK: Consider Architectural Agreements and Service
Authorizations No. 1 for Site (Master) Plan for Currie Schneider
Associates for Veterans' Park ($25,245.54) Digby Bridges and Marsh
for Currie Commons Park ($15, 200. 00) and Miller Park ($26,000.00) .
City Manager recommends approval.
B. AGREEMENT WITH BASEBALL SCHOOL FOR JOINT DEVELOPMENT OF
MILLER PARK (DECADE OF EXCELLENCE BOND ISSUE FUNDS) : Consider
Addendum No. 2 to Lease Agreement with the Baseball School for
development of the additional eight ( 8) acres at Miller Park.
There is $375,000.00 available in the Decade of Excellence Bond
Issue for this project. City Manager recommends approval.
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Agenda
Meeting of 11/27/90
9 . Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Accept actions and decisions made by the Planning and
Zoning Board, Site Plan Review and Appearance Board and Historic
Preservation Board.
B. REVIEW AND ACTION ON THE DESIGN GUIDELINES - HISTORIC
PRESERVATION BOARD: Consider adopting the document RDesign
Guidelines for Historic Places - A Preservation ManualR as
provided pursuant to Sec. 2.2.6(D) (7) of the LDR's.
C. REQUEST FOR DOWNTOWN CORE GEOGRAPHIC AREA OF EXCEPTION:
Consider initiating a request to the Palm Beach Countywide
Planning Council for the designation of a Geographic Area of
Exception - Downtown Core. Such a designation is allowed pursuant
to the County's recently adopted Countywide Traffic Performance
Standards. Also, accept the CRAws offer of retaining a consultant
and funding the necessary studies.
D. REQUEST FOR WAIVER: Consider a request from John G. Baccari
for a waiver with respect to payment of a processing fee for a
site plan review for property located at 112 N.E. 1st Avenue.
Planning and Zoning recommends denial.
E. REQUEST FOR RELIEF: Consider a request for relief from
requirements for installation of sidewalk and street paving (Lot
22, Block 6, Silver Terrace).
F. GOLF COURSE MANAGEMENT AGREEMENT - DUBIN ASSOCIATES:
Consider approving a new contract, as modified by the October 23,
1990 action, with Dubin Associates, Inc., to replace the existing
agreement with Gerecter and Dubin which expires December 31, 1990.
G. APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND
COMMITTEE: Appoint a member to fill the vacant position created
by the resignation of William Plum on the General Employees
Retirement Fund Committee. Seat 3 appointment.
H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate
member to fill the unexpired term of Robert Moore, who was
appointed a regular member, to a term ending 8/31/91. Seat 4
appointment.
I. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Consider
appointment of two alternate members to the Code Enforcement
Board. Mayor's appointment of a member to the General
Contractor's position and Seat 1 appointment of a member to the
Subcontractor position.
J. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint a
member to fill the unexpired term of Armand Mouw, to a term ending
7/9/91, on the Communi ty Redevelopment Agency. Seat 1
appointment.
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Agenda
Meeting of 11/27/90
K. DESIGNATION TO THE PALM BEACH COUNTYWIDE BEACHES & SHORES
COUNCIL: Designate a primary member to replace Vice-Mayor McCarty
to represent Delray Beach on the Palm Beach Countwide Beaches &
Shores Council.
L. DESIGNATION TO THE METROPOLITAN PLANNING ORGANIZATION:
Designate a second alternate member to replace Vice-Mayor McCarty
to represent Delray Beach on the Metropolitan Planning
Organization.
M. RESOLUTION NO. 113-90: A resolution extending the sunset
date of the Neighborhoods Task Force from December 1, 1990 to
January 31, 1991.
N. CHANGE ORDER NO.2: Approve Change Order No.2, in the
amount of $21,240.00, to the contract between the City and Johnson
and Davis, Inc., to expand the scope of work to the S.E. 1st
Street Drainage Improvement project. Funding is to come from
Account No. 441-8111-536-XX.XX.
10. Public Bearings:
A. RESOLUTION NO. 106-90: A Resolution requesting financial
assistance from the Department of Natural Resources for the
development of Veterans' Park.
B. RESOLUTION NO. 107-90: A Resolution requesting financial
assistance from the Department of Natural Resources for the
development of Currie Commons Park.
11. Co~nts and Inquiries on Non-Agenda i teals from the Public -
Immediately following Public Hearings.
12. First Readings:
A. ORDINANCE NO. 57-90: An Ordinance correcting the Land
Development Zoning Map by changing the zoning in the Old
Germantown area (off Georgia Street) from MIC (Mixed Industrial
Commercial) District to I (Industrial) District, the Shoppes of
Seacrest from RM (Residential Medium Density) District to NC
(Neighborhood Commercial) District, Semmie Taylor property, Lot
26, Block 12, from R-1-A (Single Family Dwelling) District to GC
(General Commercial) District and the Hess Gas Station (Military
Trail) from PC (Planned Commercial) District to GC (General
Commercial) District.
B. ORDINANCE NO. 58-90: An Ordinance amending the Land
Development Regulations to provide for the deletion of the
prohibition of the sale of second hand material within businesses
located in the Central Business District between North 1st and
South 1st Streets.
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Agenda
Meeting of 11/27/90
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
.
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 27, 1990
COMMISSION CHAMBERS
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ADDENDUM NO. 1
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 or
hearing, such persons will need a record of these proceedings, and for this
purpose such persons may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based. The City does not provide or prepare such record.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.0. APPOINTMENT OF ASSISTANT CITY ATTORNEY: Consider appointment of David N.
Tolces as Assistant City Attorney at the annual salary of $31,000 to start under
the terms and conditions as set forth to be effective December 12, 1990.
SIGN-IN SHEET
CITY COMMISSION MEETING OF: VlM~/(Yt IHA../ a 7 /990
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 8' II - MEETING OF NOVEMBER 27, 1990
ARCHITECT AGREEMENTS - VETERANS PARK, CURRIE COMMONS
AND MILLER PARK
DATE: November 19, 1990
The City Commission is requested to approve the Architectural
Agreements and Se rvice Authorizations No. 1 for Site (Master)
Plan for Currie Schneider Associates for Veterans' Park
($25,245.54) and Digby Bridges & Marsh for Currie Commons Park
($15,200.00) and Miller Park ($26,000.00) .
The Decade of Excellence Bond Issue has earmarked $500,000.00,
$375,000.00 and $230,000.00 for Veterans' Park, Miller Park and
Currie Commons Park respectively. Additionally, we have a grant
request pending before the Florida Inland Navigational District
in the amount of $315,032.00 for seawall replacement at Veterans'
Park and are making application to the Florida Department of
Natural Resources for grants for $150,000.00 at Currie Commons
Park and $100,00.00 at Veterans' Park.
Recommend approval of Architectural Agreements and Service
Authorizations No. 1 with Currie Schneider Associates for
Veterans' Park and Digby Bridges & Marsh for Currie Commons Park
and Miller Park.
I
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AGREEMENT FOR ARCHITECTURAL SERVICES
THIS AGREEMENT, made and entered into this _ day
of , 19 , by and between the City of Delray
Beach, Florida, hereinafter referred to as "CITY", and CURRIE
SCHNEIDER ASSOCIATES, AlA P.A., hereinafter referred to as
"CONSULTANT" .
WITNESSETH:
WHEREAS, the CITY proposes to redevelop Veterans
Park.
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WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued subsequent to execution of this AGREEMENT; and
WHEREAS, the CONSULTANT desires to provide such
professional services in accordance with this AGREEMENT.
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
understood and agreed as follows:
I. DEl-'INITIONS; GENERAL CONDITIONS
A. The Project contemplated herein is to provide
architectural services for the redevelopment of
Veterans Park as described via service
authorization(s).
B. THE SCOPE OF WORK is be implemented in phrases as set
forth by SERVICE AUTHORIZATIONS, which are attached
hereto and made a part hereof, and as also may be
added as approved from time to time.
C. A SERVICE AUTHORIZATION is a form to be used to
authorize in phases, work, projects, and services.
The form shall be executed by the CITY'S and
CONSULTANT'S representatives. A CITY purchase order
number shall be identified on the form. The purchase
order authorization is established in the CITY Code
of Ordinances with provisions for expenditure level
of approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
this AGREEMENT. The projects, work and services to
be performed by the CONSULTANT and time for
.
AGREEMENT FOR ARCHITECTURAL SERVICES
THIS AGREEMENT, made and entered into this _ day
of , 19 , by and between the City of Delray
Beach, Florida, hereinafter referred to as "CITY", and DIGBY
BRIDGES, MARSH AND ASSOCIATES, P .A., hereinafter referred to as
"CONSULTANT".
WITNESSETH:
WHEREAS, the CITY proposes to further develop Currie
Commons Park and Miller Park.
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued subsequent to execution of this AGREEMENT; and
WHEREAS, the CONSULTANT desires to provide such
professional services in accordance with this AGREEMENT.
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
understood and agreed as follows:
I. DEFINITIONS; GENERAL CONDITIONS
A. The Project contemplated herein is to provide
architectural services to develop Currie Commons as
further specified via service authorization(s).
B. THE SCOPE OF WORK is be implemented in phrases as set
forth by SERVICE AUTHORIZATIONS, which are attached
hereto and made a part hereof, and as also may be
added as approved from time to time.
C. A SERVICE AUTHORIZATION is a form to be used to
authorize in phases, work, projects, and services.
The form shall be executed by the CITY'S and
CONSULTANT'S representatives. A CITY purchase order
number shall be identified on the form. The purchase
order authorization is established in the CITY Code
of Ordinances with provisions for expenditure level
of approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
this AGREEMENT. The projects, work and services to
be performed by the CONSULTANT and time for
.
completion of the particular phase of the work by
CONSULTANT shall be authorized by a SERVICE AUTHOR-
IZATION. The SERVICE AUTHORIZATION shall include the
scope of work to be performed; the budget cost,
complete with an itemization of manhours, wage rates,
reimbursable expenses, and other related costs;
schedule for completion and name of project manager.
The SERVICE AUTHORIZATION shall be signed by the CITY
and the CONSULTANT'S authorized representative. A
CITY purchase order shall be issued with authoriza-
tion identifying funds and amount of expenditures.
The terms of this AGREEMENT supersede the terms
stated on the purchase order.
D. CONSTRUCTION COSTS shall be the total cost or esti-
mated cost to the CITY of all elements of the project
designed or specified by the CONSULTANT. Construc-
tion costs shall include the cost at current market
rates of labor and materials furnished by the
Contractor and equipment designed, specified,
selected, or specially provided for by the
CONSULTANT, plus a reasonable allowance for the
contractor's overhead and profit. In addition, a
reasonable allowance for contingencies shall be
included for market conditions at the time of bidding
and for changes in the work during construction.
Construction cost does not include the compensation
of the CONSULTANT or Consultant's subconsultants, the
cost of the land, rights-of-way, financing or other
costs which are the responsibility of the CITY. The
CONSULTANT shall use its best judgment as a design
professional familiar with the construction industry
in estimating the construction cost.
E. PHASES: A phased approach is contemplated by this
contract, as set forth in Section III herein. The
City and the Consultant shall have the right to
negotiate the terms of each phase as contained within
each service authorization, and to reject any service
authorization, if the parties cannot agree to the
terms of the service authorization. In the event the
parties cannot agree, the city may select the next
ranked proposer or go out for additional proposals in
order to complete the subsequent phase(s) of the
project. This phased approach shall not waive the
City's right to terminate the Consultant's contract
during any phase of the project.
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT, and the
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,
CONSULTANT will provide the professional and techni-
cal services required under this AGREEMENT in
accordance with acceptable professional practices and
ethical standards. No employer/employee relation-
ships shall be deemed to be established and the
CONSULTANT, its agents, subcontractors, and employees
shall be independent contractors at all times.
B. Professional and Technical Services. It shall be the
responsibility of the CONSULTANT to work with the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execution by both parties.
C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS to be agreed upon
subsequent to execution of this AGREEMENT.
D. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely
completion, compliance with regulations and rules,
and the coordination with all appropriate agencies of
all designs, drawings, specifications, reports and
other services furnished by the CONSULTANT under this
AGREEMENT. If the CITY determines there are any
errors, omissions or other deficiencies in the
CONSULTANT'S designs, drawings, specifications,
reports and other services after the CONSULTANT has
rendered the services as specified in Paragraph
III.A(4), the CONSULTANT shall, without additional
compensation, correct or revise said errors or
omissions to the satisfaction of the CITY.
E. Approval by the CITY of drawings, designs, specifica-
tions, reports and incidental professional services
or materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
technical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
cause of action arising out of the performance of
this AGREEMENT.
F. The CONSULTANT shall be and remain liable in accor-
dance with applicable law for all damages to the CITY
relating to any of the services furnished under this
AGREEMENT.
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G. The CONSULTANT designates ,
as its representative to act as liaison with the
CITY. The representative shall manage and coordinate
CITY projects and is hereby authorized to act on
behalf of the CONSULTANT to negotiate and approve
SERVICE AUTHORIZATIONS and act on any other related
matter with respect to performance of services for
the CITY in accordance with the AGREEMENT. Any
change to name another person shall be requested in
writing to the CITY.
H. CONSULTANT shall attend all meetings, as specified or
as defined in slch SERVIC' AUTHORIZATION of the City
Commission or any City approval Board, where the
project is discussed, unless the City's representa-
tive declares such attendance and participation is
not necessary. In addition, the CONSULTANT shall
attend all additional meetings as may be required to
facilitate the project.
III. DUTIES OF CONSULTANT; MASTER PLAN/SCHEMATIC DESIGN
PHASE THROUGH CONSTRUCTION MANAGEMENT PHASE
The following Duties of CONSULTANT are separated into
phases of the project which if approved via SERVICE AUTHORIZA-
TIONS shall be performed by the CONSULTANT. The City may
require SERVICE AUTHORIZATIONS which contain additional
requirements applicable to the project. The city must
authorize through service authorizations, the commencement of
each phase of the work.
A. Phase I - Master Plan/Schematic Design Phase
If the Master Plan/Schematic Design Phase is author-
ized, the following requirement shall apply.
(1) The CONSULTANT shall consult with the owner to
ascertain the requirements of the project and
shall arrive at a mutual understanding of such
requirements with the CITY.
(2) The CONSULTANT shall review with the CITY
al ternati ve approaches to design and construc-
tion of the project.
(3) Based on a mutually agreed upon program, the
CONSULTANT shall prepare a Master Site Plan
meeting the requirements of the City's Code of
Ordinances.
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( 4 ) The CONSULTANT shall prepare, for approval of
the CITY, schematic design documents consisting
of drawings and other documents illustrating the
scale and relationship of project components
based on the mutually agreed upon project,
schedule and construction budget requirements.
( 5 ) The CONSULTANT shall prepare a preliminary
evaluation of the CITY'S project, schedule and
construction budget requirements and submit a
statement of probable construction cost based on
current area, volume or other unit costs which
shall be updated throughout the schematic design
phase, and subsequent phases of the project.
B. Phase II - Design Development Phase
If the Design Development Phase is authorized, the
following requirements will apply:
( I ) The CONSULTANT shall prepare for approval of the
CITY, design development documents consisting of
drawings and other documents to fix and describe
the size and character of the project as to
architectural, structural, mechanical and
electrical systems, materials and such other
elements as may be appropriate based on approved
schematic design documents and any adjustments
authorized by the CITY. The CONSULTANT shall
consider the availability of materials, equip-
ment, labor, construction, sequencing,
scheduling, economic analysis of construction
and operations, user safety and maintenance
requirements and energy conservation.
( 2 ) The CONSULTANT shall submit to the CITY a
preliminary estimate of construction costs based
on current area, volume or other unit costs,
which shall be updated throughout the schematic
design and final design development phase.
( 3) The CONSULTANT shall prepare a development
schedule.
C. Phase III. Construction Documents Phase.
If the Construction Documents Phase is authorized,
the following requirements shall apply:
( 1 ) The CONSULTANT shall prepare construction
documents consisting of drawings and specifica-
tions setting forth in detail the requirements
5
for construction of the project based on design
development documents and any further adjust-
ments in the scope or quality of the project or
in the construction budget authorized by the
CITY.
( 2 ) The CONSULTANT shall in the preparation of
drawings and specifications, take into account
all currently prevailing codes and regulations
governing construction in the City of Delray
Beach, Florida.
( 3 ) The CONSULTANT shall prepare a detailed cost
estimate, which shall be reviewed by the City
prior to going out for bids.
( 4 ) The CONSULTANT shall provide the required
documents for the approval of governmental
boards, agencies or authorities having jurisdic-
tion over the project.
D. Phase IV - Bidding/Negotiation Phase.
If the bidding phase is authorized, the following
requirements shall apply:
( 1 ) The CONSULTANT shall assist the CITY in the
preparation of the necessary bidding informa-
tion, bidding forms, conditions of the contract,
and form of AGREEMENT between the Owner and
Contractor, all of which must be approved by the
CITY Attorney.
( 2 ) The CONSULTANT shall prepare all documents
required for the approval of governmental
authorities having jurisdiction over the
project, which approvals are required prior to
the public notice for the Invitation to Bid.
( 3 ) The CONSULTANT shall provide the City six
copies, plus one reproducable copy of the
construction drawings and specifications.
( 4 ) The CONSULTANT shall assist the Owner in obtain-
ing bids or negotiated proposals, assist in
awarding and preparing contracts for construc-
tion, attend pre-bid conferences, prepare
addenda, provide written recommendation of
award, assist in the attainment of the required
bonds and certificates of insurance.
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E. Phase V - Construction Contract Administration Phase
If Contract Administration is authorized, the follow-
ing requirements shall apply:
( 1 ) The CONSULTANT shall provide administration of
the contract for construction as set forth
herein and as contained within the general
conditions of the contract for construction.
( 2 ) The CONSULTANT shall be a representative of and
shall advise and consult with the CITY during
construction and until final payment to the
-- contractor is due. The CONSULTANT shall have
authority to act on behalf of the CITY only to
the extent provided in this AGREEMENT as provid-
ed in the contract for construction unless
otherwise modified by written instrument.
( 3 ) The CONSULTANT shall visit the site at regular
intervals (no less than once per week) appropri-
ate to the stage of construction or as otherwise
agreed to by the CITY and the CONSULTANT, in
writing, and shall become generally familiar
with the progress and quality of work completed
and shall determine in general if the work is
being performed in a manner indicating that the
work when completed will be in accordance with
the contract documents. The CONSULTANT shall be
required to make regular on-site inspections to
review the work. The CONSULTANT shall keep the
CITY informed of the progress and quality of the
work and shall protect the Owner against defects
and deficiencies in the work of the Contractor.
( 4 ) The CONSULTANT shall not have control over or
charge of and shall not be responsible for
construction means, methods, techniques,
sequences or procedures or for safety pre-
cautions and programs in connection with the
work, since these are solely the Contractor's
responsibility under the contract for construc-
tion. The CONSULTANT shall make every
reasonable effort to make sure that the Contrac-
tor completes the work in accordance with his
schedule and carries out the work in accordance
with the Contract documents.
( 5 ) The CONSULTANT based on observations and evalua-
tions of Contractor's applications for payment,
shall review and certify the amounts due the
Contractor.
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( 6 ) The CONSULTANTs certification for payment shall
constitute a representation to the CITY, based
on the CONSULTANT'S observations at the site as
provided herein and on the date of comprising
the Contractor's application for payment, that
the work has progressed to the point indicated
and that, to the best of the CONSULTANT'S
knowledge, information, and belief, quality and
quantity of the work is in accordance with the
contract documents. The foregoing representa-
tions are subject to an evaluation of the work
for conformance with the contract documents upon
-- substantial completion, to results of subsequent
tests and inspections, to minor deviations from
the contract documents, correctable prior to
completion and to specific qualifications
expressed by the CONSULTANT. The issuance of
the certificate of payment shall further consti-
tute a representation that the CONSULTANT has
made inspections to review the quality or
quantity of work, but shall not be a representa-
tion that the CONSULTANT has reviewed con-
struction means, methods, technique, sequences,
procedures or safety programs or has ascertained
how or for what purpose the Contractor has used
money previously paid on account of the contract
sum.
( 7 ) The CONSULTANT shall have authority to reject
work which does not conform to the contract
documents. The CONSULTANT will have authority
to require additional inspection or testing of
the work in accordance with the provisions of
the contract documents, whether or not such work
is fabricated, installed or completed.
(8 ) The CONSULTANT shall review and approve or take
other appropriate action upon contractors
submittals such as shop drawings, product data,
and samples for the purpose of checking for
conformance with information given and the
design concept expressed in the contract docu-
ments.
( 9 ) The CONSULTANT shall prepare change orders and
construction change directives with supporting
documentation and data if deemed necessary by
the CONSULTANT, for the CITY's approval and
execution in accordance with the contract
documents, and may authorize minor changes in
the work not involving an adjustment in the
8
contract sum or an extension of the contract
time which are not inconsistent with the intent
of the contract documents.
( 10) The CONSULTANT shall conduct inspections to
determine the date or dates of substantial
completion and the date of final completion,
shall receive and forward to the CITY for the
CITY's review and records, written warranties
and related documents required by the contract
documents and assembled by the Contractor and
shall issue a final certificate for payment upon
compliance with the requirements of the contrac-
tor documents.
( 11 ) The CONSULTANT shall interpret matters concern-
ing performance of the owner and contractor
under the requirements of the contract documents
on written request of either the owner or
contractor. The CONSULTANT'S response to such
requests shall be made with reasonable prompt-
ness and within any time limits agreed upon.
( 12 ) Interpretations of the CONSULTANT shall be
consistent with the intent of and reasonably
inferable from the contract documents and shall
be in writing or in the form of drawings. When
making such interpretations, the CONSULTANT
shall endeavor to secure faithful performance by
both the CITY and the Contractor.
( 13 ) The CONSULTANT'S decisions, when approved by the
owner, on matters relating to aesthetic effect
shall be final if consistent with the intent
expressed in the contract documents.
( 14 ) The CONSULTANT shall render written interpreta-
tions within a reasonable time on all internal
disputes between the owner and contractor
relating to the execution of the progress of the
work as provided in the contract documents.
( 15 ) The CONSULTANT'S interpretations on internal
disputes are not binding on the CITY and the
CITY may result to remedies afforded by this
contract to resolve the issue.
F. Phase VI Construction Management Services Phase
If the Construction Management Services Phase is
authorized the following requirements shall apply:
9
A. Construction Management Services shall be
governed by AlA Document B-80l, 1980 governing
terms and conditions of AGREEMENT between Owner
(CITY) and Construction Manager as modified
below.
B. The standard form of AGREEMENT between CITY and
Construction Manager shall be amended to delete
Section 1. 1, "Preconstruct ion Phase in its
entirety. Articles 2 through and including 14
shall be deleted in their entirety.
C. Paragraph 1.2.11.1 shall be added to the stan-
dard form of Agreement between the City and
Construction Manager to provide for inspections
of structural items required under the threshold
laws as well as providing on-site daily quality
inspections during all construction.
D. Sections V, VI, VII, VIII and IX of this Agree-
ment shall also be incorporated in the
Construction Management Agreement.
IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents, and other
information as the CONSULTANT and CITY mutually
deem necessary and which are under control of
the CITY.
B. Other data and services to be agreed upon in
subsequent SERVICE AUTHORIZATIONS.
C. Pay for all legal advertisements incidental to
'obtaining bids or proposals from contractors.
D. The CITY Manager shall act as the CITY'S repre-
sentative with respect to the work to be
performed under this AGREEMENT. The CITY
Manager shall have the authority to the extent
authorized by the CITY Charter and Code of
Ordinances to exercise the rights and responsi-
bilities of the CITY provided in this contract.
Said authority may include but is not limited
to: transmit instructions, stop work, receive
information, interpret CITY'S policies and
decisions with respect to materials, equipment,
elements, and systems pertinent to the services
covered by this AGREEMENT.
10
E. Pay all permit application filing fees.
F. Provide access to CITY facilities.
V. TIME OF PERFORMANCE
A. The CONSULTANT will begin work promptly after receipt
of a fully executed copy of each SERVICE AUTHORIZA-
TION.
B. The CONSULTANT'S services called for under the
AGREEMENT shall be completed in accordance with the
schedule contained in each SERVICE AUTHORIZATION;
provided that, if the CONSULTANT'S services are
unreasonably delayed by the CITY or CONTRACTOR, the
time of performance and compensation shall be renego-
tiated.
VI. AGREEMENT PERIOD
The period of service is from the date of execution of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS issued have been completed. Each Service
Authorization shall delineate a time for completion of the
service to be rendered.
VII. COMPENSATION
A. The CITY will compensate the CONSULTANT for the
services performed on each SERVICE AUTHORIZATION in
accordance with a negotiated lump sum, or a not to
exceed budgeted amount based on time charges which
are based upon hourly rates, plus reimbursable
expenses and other related costs as are specified in
the SERVICE AUTHORIZATION.
l. METHOD 1 - LUMP SUM
Lump Sum Amount. Wherever possible, the scope
of services for Services, Projects or Programs
shall be thoroughly defined and outlined prior
to its authorization. The CITY and CONSULTANT
shall mutually agree to a lump sum amount for
services to be rendered and a detailed scope of
services. Should the CITY deem that a change in
the scope of services is appropriate, then a
decrease or increase in compensation shall be
authorized in writing. In lump sum contracts,
the CONSULTANT shall submit the estimated
manhours, wage rates and other actual unit costs
supporting the compensation. The CONSULTANT
shall submit a truth in negotiation certificate
11
stating that all data supporting the compensa-
tion is accurate, complete and current at the
time of contracting.
2 . METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGETED
AMOUNT
Computation of Time Charqes/Not to Exceed
Amount. When a service is to be compensated for
on a time charge/not to exceed basis, the
CONSULTANT will submit a not to exceed budget
cost to the CITY for prior approval based on
- time charges with established hourly rates as
shown in Exhibit B attached hereto, plus
reimbursable expenses and other related costs.
The CITY shall not be obligated to reimburse the
CONSULTANT for costs incurred in excess of the
not to exceed cost amount.
a. The CITY agrees to pay the CONSULTANT
compensation for services rendered based
upon the established raw hourly salary
rates as shown in Exhibit B for services
rendered on CITY projects multiplied by
3 . 0 . The schedule of hourly rates as set
forth in Exhibit B is attached hereto and
made a part hereof. The rates listed in
Exhibit B may be adjusted upon AGREEMENT of
the parties.
b. In addition, the CITY shall pay for reim-
bursable expenses invoiced at the actual
cost of expenditures incurred by the
CONSULTANT if provided in the SERVICE
AUTHORIZATION as follows:
( 1 ) Actual expense of transportation
and lodging in accordance with
CITY policy in effect at the time
of travel when traveling in
connection with each SERVICE
AUTHORIZATION, actual communica-
tion expense such as telephone,
facsimile transmissions, tele-
graph, cable and express charges,
and fees paid for securing
approval of authorities having
jurisdiction over the project.
( 2 ) Actual expense of reproductions,
postage and handling of Drawings
12
and Specifications including
duplicate sets of the completion
of each SERVICE AUTHORIZATION for
the CITY'S review and approval.
( 3 ) Actual expenses of testing,
laboratory services, and field
equipment.
(4 ) Actual expense of overtime work
requiring higher than regular
rates, when authorized by the
- CITY.
( 5 ) Actual expense of computer time.
( 6 ) Actual expense of Auto Travel at
the established CITY rate per
mile for travel outside Palm
Beach County.
B. Subcontractual service shall be invoiced at the
actual fees paid by the CONSULTANT, plus an addition-
al ten percent (lO%) of the cost of these services to
compensate CONSULTANT for non-performance risk, for
the procuring and management of the sub-consultant,
and for the other financing and administrative costs.
Subcontractual services shall be approved by the CITY
in writing prior to performance of the subcontractual
work.
C. Total Compensation (including, but not limited to
compensation for sub-consultants) for all services
and expenses shall not exceed the budget cost listed
upon each SERVICE AUTHORIZATION, without written
approval.
D. If the CITY determines that any price for services,
however calculated provided by the CONSULTANT,
including profit, negotiated in connection with this
AGREEMENT or any cost reimbursable under this AGREE-
MENT was increased by any significant sums because
the CONSULTANT or any subcontractor furnished
incomplete or inaccurate costs or pricing data, then
such price or cost or profit shall be reduced accord-
ingly and the SERVICE AUTHORIZATION shall be r~duced
accordingly and the SERVICE AUTHORIZATION shall be
modified in writing to reflect such reduction.
13
.
VIII.PAYMENT
The CITY agrees that it will use its best effort to pay
the CONSULTANT within forty-five (45) calendar days from
presentation of the CONSULTANT'S itemized report and
invoice and approval of the CITY'S representative, unless
additional time for processing is required for payments
for basic services, subcontractual services, and reimburs-
able expenses as defined in Section VII. The CONSULTANT
shall submit monthly invoices, or other periodic invoices
required in the SERVICE AUTHORIZATION, including a report
of work completed during the respective invoice period.
Invoices shall be in a format consistent with those shown
in Exhibit C. The report shall be adequate in detail to
describe work progress ( % complete for each task) and
written summaries of work completed. No payment request
shall exceed the value of work and services performed by
the CONSULTANT under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. Ownership Documents:
All reproducible mylar drawings, computations, C.A.D.
disks in a format compatible with CITY'S Computer
system, details, design calculations, and all other
documents and plans that result from the CONSULTANT'S
SERVICES under this AGREEMENT shall become and remain
the property of the CITY, including copyright rights,
whether the project is completed or not, CONSULTANT
reserves the right to retain a copy of all such
documents for record purposes. Where such documents
are required to be filed with governmental agencies,
the CONSULTANT will furnish copies to the CITY upon
request. The contract work is represented by hard
copy documentation; software, is provided to the CITY
for convenience only.
B. Copies of Documents:
The CONSULTANT shall prepare sufficient copies of all
documents necessary to obtain approval through the
City's processes, as well as other governmental
authorities. See also Section III (D) for additional
requirements. The CITY acknowledges that the materi-
als cited in Paragraph IX A. and other data provi<;ied
in connection with this Agreement which are provided
by the CONSULTANT are not intended for use in connec-
tion with any project other than the project for
which such materials are prepared. Any use by the
CITY of such materials in connection with a project
other than that for which such materials were pre-
pared without prior written consent and adaptation by
14
the CONSULTANT shall be at the CITY'S sole risk, and
the CONSULTANT shall have no responsibility or
liability therefore.
C. Insurance:
Without limiting any of the other obligations or
liabilities of the CONSULTANT, the CONSULTANT shall,
at his own expense, provide and maintain in force,
until all of its services to be performed under this
AGREEMENT have been completed and accepted by the
CITY (or for such duration as it otherwise specified
hereinafter), the following insurance coverages: --
1- Worker's Compensation Insurance to apply to all
of the CONSULTANT'S employees in compliance with
the "Worker's Compensation Law" of the State of
Florida and all applicable Federal Laws.
A. Employer's Liability with limits of
$100,000 per person, $500,000 per occurance
and $100,000 per each disease.
2. Comprehensive General Liability with minimum
limits of one million dollars ($1,000,000.00)
per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liability policy, without
restrictive endorsements other than ISO Endorse-
ment GL 21 06 (Engineers, Architects, or
Surveyors Professional Liability exclusion), as
Filed by the Insurance Services Office and must
include:
a. Premises and/or Operations
b. Independent Contractors
c. Products and Completed Operations -
CONSULTANTS shall maintain in force until
at least three years after completion of
all services required under this AGREEMENT,
coverage for Products and Completed Opera-
tions, including Broad Form Property
Damage.
d. Broad Form Property Damage
e. Broad Form Contractual Coverage applicable
to this specific Agreement.
15
f. Personal Injury Coverage with minimum
limits of coverage equal to those required
for Bodily Injury Liability.
4 . Business Automobile Liability with minimum
limits of three hundred thousand dollars
\$300,000.00 ) per occurrence combined sing"
limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on
a form no more restrictive than the latest
edition of the Business Automobile Liability
policy, without restrictive endorsements, as
filed by the Insurance Services Office and must
include:
a. Owned Vehicles
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
5. Professional Liability Insurance with minimum
limits of one million dollars ($1,000,000) per
occurrence applicable to CITY projects.
Coverage shall be afforded on a form acceptable
to the CITY. CONSULTANT shall maintain such
professional liability insurance until at least
one year after a Certificate of Occupancy is
issued.
6 . Prior to commencement of services, the CONSUL-
TANT shall provide to the CITY Certificates of
Insurance evidencing the insurance coverage
specified in the foregoing Paragraphs Bl, B2,
B3, B4, B5. All policies covered within sub-
paragraphs Bl, B2, B3, B4, shall be endorsed to
provide the CITY with thirty ( 30) days notice of
cancellation and/or restriction. The CITY shall
be named as an additional insured as to
CONSULTANT'S liability on policies reference.d in
subparagraphs B2, B3, and B4. The required
Certificates of Insurance shall not only name
the types of policies provided, but also shall
refer specifically to this AGREEMENT and section
and to the above paragraphs in accordance with
which insurance is being furnished, and shall
state that such insurance is as required by such
paragraphs of this AGREEMENT. The CONSULTANT
shall also make available to the CITY a certi-
fied copy of the professional liability
insurance policy required by _paragraph 5 above
16
for the City's review. Upon request, the
CONSULTANT shall provide copies of all other
insurance policies.
7 . If the initial insurance policies required by
this AGREEMENT expire prior to the completion of
the services, renewal Certificates of Insuran<;e
of policies shall be furnished thirty (30) days
prior to the date of their expiration. For
Notice of Cancellation and/or Restriction; the
policies must be endorsed to provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
8 . The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional Insured,
shall apply on a primary basis and any other
insurance maintained by the CITY shall not
contribute with the CONSULTANT'S insurance.
D. Litiqation Services:
It is understood and agreed that CONSULTANT'S
services include reasonable participation in litiga-
tion arising from this AGREEMENT.
E. Authority to Contract:
The CITY represents that it is a political subdivi-
sion of the State of Florida with the authority to
engage the CONSULTANT for professional services
described in the SERVICE AUTHORIZATIONS and to accept
the obligation for payment for the services described
in the SERVICE AUTHORIZATIONS.
F. Assiqnment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of
such other party, in respect to all covenants of this
AGREEMENT subject to budget considerations and
requirements of law; and, neither the CITY nor the
CONSULTANT will assign or transfer their interest in
this AGREEMENT without the written consent of the
other.
G. Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
17
date of this contract, all discussions between the
CITY and the CONSULTANT and all information developed
or work products produced by the CONSULTANT during
its employment and all matters relevant to the
business of the CITY not otherwise being a matter of
public record shall be deemed to be confidential.
All such information and work product shall be
protected by the CONSULTANT and shall not be revealed
to other persons without the express written permis-
sion of the CITY, unless mandated by order of the
court.
H. Non-Exclusive Contract:
The CITY reserves the right to award projects to
other firms pursuant to the Florida Statutes Consul-
tant's Competitive Negotiations Act during the period
of service of the CONSULTANT. The CONSULTANT agrees
to cooperate with the CITY and other firms in accom-
plishing work that may require joint efforts to
accomplish the CITY'S goals. This cooperation, when
requested by the CITY, will include but not be
limited to:
l. Sharing technical information developed under
contract with the CITY.
2 . Joint meetings for project coordination.
3. Establish lines of communication.
1. Subconsultants:
In the event the CONSULTANT, during the course of the
work under this AGREEMENT requires the services of
any subcontractors or other professional associates
in connection with services covered by this AGREE-
MENT, CONSULTANT must secure the prior written
approval of the CITY.
J. Notices:
Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by
registered United States mail, with return receipt
requested, addressed to the party for whom it is
intended at the place last written, as the place for
giving of notice in compliance with the provisions of
this paragraph. For the present, the parties desig-
nate the following as the respective places of giving
of notice to wit:
18
CITY of Delray Beach
CITY Manager
CITY of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
.-
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Neqotiation Certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation certifi-
cate stating that wage rates and other factual unit
costs supporting the compensation of this AGREEMENT
are accurate, complete, and current. The original
contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the
CITY determines the contract price was increased due
to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY
or its authorized representative at mutually conve-
nient times.
N. Personnel:
The CONSULTANT represents that it has or will secure,
at its own expense, qualified personnel required in
performing the services under this AGREEMENT. All
work shall be performed under the direction of a
professional, registered under State and local law to
perform such services. The project manager shall be
approved by the CITY under each SERVICE AUTHORIZA-
TION. Key project personnel will be identified for
each project and expected to perform the work assign-
ment as can reasonably be expected_
19
O. Equal Opportunity Employment:
CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for
work under this Agreement because of race, color,
religion, sex, age or national origin.
P. Prohibition Against Contineqent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicit Qr secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other considera-
tion, contingent upon or resulting from the award or
making of this AGREEMENT.
Q. Termination:
This AGREEMENT may be terminated by either party by
seven ( 7 ) calendar days prior written notice, in the
event of substantial failure to perform in accordance
with the terms hereof by the other party through no
fault of the terminating party_ The CONSULTANT and
the CITY shall also have a right to terminate this
AGREEMENT for convenience at any time by thirty (30)
calendar days written notice to either one or the
other. In the event the project described in any
SERVICE AUTHORIZATION, or the services of the CONSUL-
TANT called for under any SERVICE AUTHORIZATION, is
or are suspended, canceled, or abandoned by the CITY,
the CONSULTANT shall be given five days prior written
notice of such action and shall be compensated for
the professional services provided and reimbursable
expenses incurred up to the date of suspension,
cancellation or abandonment. The CONSULTANT agrees
to provide all documents. to the CITY (specifically
those referenced in paragraph VI.A.).
Further, prior to the CONSULTANT'S destruction of any
of the above-referenced documents, the CITY shall be
notified and allowed a reasonable period to gain
access to and make copies of any such documents.
Upon any termination of this AGREEMENT, the CONSUL-
TANT agrees that it shall use its best efforts to
work harmoniously with any successor who enters an
AGREEMENT to provide services for the CITY in order
to provide for a smooth transition. period.
20
R. Indemnification:
The CONSULTANT will at all times indemnify, save and
hold harmless and defend the CITY, its officers,
agents and employees, from and against all liability,
any claim, demand, damage, loss, expense or cause of
action and costs (including attorney's fees at trial
or appellate levels) arising out of error, ommission,
or negligent act of consultant, its agents, servants
or employee in the performance of services under this
agreement. The CONSULTANT further agrees to indemni-
fy, hold harmless and defend the City, its officers,
agents and employees from and agaiI1$t any claim,
demand or cause of action arising out of any conduct
or misconduct of CONSULTANT for which the City, its
agents, servants or employees are alleged to be
liable. The indemnifications contained herein shall
survive the expiration or earlier termination of this
Agreement. The monetary limitation on the extent of
the CONSULTANT'S liability for each service author-
ization shall be in an amount equal to the amount of
the insurance the CONSULTANT shall provide to the
CITY for professional liability insurance. Nothing
in this AGREEMENT shall be deemed to affect the
rights, privileges and immunities of the CITY as set
forth in Florida Statutes 768.28.
S. Interest of the Consultant:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct
or indirect, in any Project to which this AGREEMENT
pertains or any other interest which would conflict
in any manner or degree with the performance of its
services hereunder. The CONSULTANT further covenants
that in the performance of this AGREEMENT, no person
having such interest shall be employed.
T. Compliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of State laws and all Codes and
Ordinances of the CITY OF DELRAY BEACH as
amended from time to time, and that exist at the
time of building permit issuance.
b. For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
approve the applicable required provisions or
.
21
any other supplemental provisions as may be
included in each SERVICE AUTHORIZATIONS.
U. Jurisdiction; Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State Civil Courts of Palm
Beach County, Florida. Any dispute between CONSUL-
TANT and the CITY shall be governed by the laws of
Florida with venue in Palm Beach County Court.
V. Attorney's Fees:
In the event a suit is filed in court arising out of
this Contract, and the City is the prevailing party,
the CONTRACTOR agrees to pay a reasonable fee to the
City Attorney, together with all costs incurred in
connection with the case.
W. Internal Dispute in Architectural Contract Between
Owner and Consultant:
The City Manager shall be the final decision maker
regarding internal disputes between owner and CONSUL-
TANT.
X. . Extent of Agreement:
This AGREEMENT represents the entire integrated
AGREEMENT between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations or
AGREEMENTs, written or oral. This AGREEMENT may not
be amended, changed, modified, or otherwise altered
in any way, at any time after the execution hereof,
except by approval of the CITY Commission.
IN WITNESS WHEREOF, the CITY has caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its CITY Clerk,
and the CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
CITY Clerk
22
Approved as to Form:
CITY Attorney
CONSULTANT
By:
Witness
Witness
State of Florida
County of Palm Beach
BEFORE ME, the foregoing instrument, this day
of , 19 , was acknowledged by
-
, on behalf of the Corporation
and said person executed the same freely and voluntarily for
the purpose therein expressed.
WITNESS my hand and seal in the County and state
aforesaid this day of , 1990.
Notary Public
(SEAL) My Commission Expires:
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrument, and acknowledged before
me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me this day
of , 19 .
-
Notary Public
My Commission Expires:
.
23
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrument as a partner of
, a partnership. He/She
acknowleged before that he/she executed the same as the act and
deed of said partnership for the uses and purposes therein
mentioned.
SWORN TO AND SUBSCRIBED before me this day
of 19 -
, - .
Notary Public
My Commission Expires:
State of Florida
County of Palm Beach
BEFORE ME, the foregoing instrument, this day
of , 19 , was acknowledged by
-
, on behalf of the Corporation
and said, person executed the same freely and voluntarily for
the purpose therein expressed.
WITNESS my hand and seal in the County and State
aforesaid this day of , 1990.
Notary Public
My Commission Expires:
.
24
EXHIBIT A
SERVICE AUTHORIZATION
FOR CONSULTING SERVICES
PER AGREEMENT CITY OF DELRAY BEACH AND
(Consultant)
Date: Master Contract Date:
DESCRIPTION OF THE PROJECT:
LUMP SUM $ OR TIME AND COST NOT TO EXCEED $
START DATE COMPLETE DATE ACTUAL COMPLETION
CITY PURCHASE ORDER # DATE
CONSULTANT PROJECT # DATE
APPROVALS
CITY - DATE CONSULTANT REPRESENTATIVE
DATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
PROJECT NOTES
EXHIBIT B
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
Mulitpler
Employer Category
Professionals -- Engineers, Architects, Planners, Economicsts,
Scientists, Hydrologists, Hydrogeologists, Geologists
Technicians -- Drafters, Graphic Artists, Computer, Surveyors,
Cartographies, Construction Inspectors
Office Support
. .
- , "
EXHIBIT C
SAMPLE INVOICE -- REIMBURSABLE FORMAT
INVOICE
City of Delrav Beach
Project No.
Purchase Order No.
Task Order No.
,-
Description of services under Task Order # .
Period ending:
LABOR
Class Emplovee Name Rate Hours Amount
Subtotal ',Labor $
EXPENSES
Computer
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE $
COST SUMMARY
Contract Amount $
Amount Earned This Period $
Amount Previously Earned
Amount Remaining $
.
. , .
.01 .,. t.
EXHIBIT C (continued)
SAMPLE INVOICE -- LUMP SUM FORMAT
INVOICE
City of Delray Beach
Project No.
Purchase Order No.
Task Order No.
- Description of services under Task Order .
Period ending .
Total Fee $
_% Complete $
Less Previous Billings
Total Earned This Period $
TOTAL AMOUNT DUE THIS INVOICE $
:
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'JV1
SUBJECT: AGENDA ITEM # 8 g - MEETING OF NOVEMBER 27, 1990
AGREEMENT WITH BASEBALL SCHOOL FOR JOINT DEVELOPMENT OF
MILLER PARK
DATE: November 19, 1990
This addendum to the lease agreement with the Baseball School
involves the development of Miller Park. There is $375,000.00 in
the Decade of Excellence Bond Issue for the development of the
additional eight (8) acres at Miller Park. As it is not
practical for the Baseball School and the Ci ty to each provide
their own grading irrigation, fumigation, sprigging/sodding,
etc., I am recommending that we enter into an agreement with the
Baseball School to provide these services to be reimbursed by the
City.
Recommend approval of Addendum No. 2 to Lease Agreement.
I
'K ttv;
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: AGREEMENT WITH BASEBALL SCHOOL FOR JOINT DEVELOPMENT
OF MILLER PARK - AGENDA ITEM FOR NOVEMBER 27, 1990
DATE: November 19, 1990
As you are aware there is $375,000.00 in the Decade of
Excellence Bond Issue for the development of the additional
eight (8 ) acres at Miller Park. Per our agreement with the
Bucky Dent Baseball School, they are financially responsible for
the construction of the major league baseball field and
multipurpose field with the City responsible for lighting,
restrooms, concessions, parking, common areas, etc. Because it
is not practical for the Baseball School and City to each
provide their own grading, irrigation, fumigation,
sprigging/sodding, etc. I am recommending that we enter into an
agreement with the Baseball School to provide these services to
be reimbursed by the City. The key elements of the agreement
include:
A. The Baseball School must obtain three ( 3 ) bids for
every aspect of the work and shall select the lowest,
competent bidder and shall produce paid invoices from
the vendor for reimbursement.
B. It is estimated that the city's share of improvements
should not exceed $55,000.00. If the actual costs
exceed $55,000.00 the Baseball School shall obtain
prior approval of the City.
C. The Baseball School will begin improvements no later
than six ( 6 ) months from the date of notification and
completed construction within one ( l) year of the
commencement of construction.
As a precedent when "Little Fenway" was renovated as a joint
project between the Baseball School and the City, the work was
done by the Baseball School with the City reimbursing the
Baseball School for its portion of the work. This project was
completed in a timely and satisfactory manner.
Please review and advise.
Parks and Recreation
REF:JW258.DOC
Attachments
cc: Susan Ruby, Assistant City Attorney
Susan O'Brien, Assistant City Clerk
_. ~..h___,"^__
- rK cw)
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: AGREEMENT WITH BASEBALL SCHOOL FOR JOINT DEVELOPMENT
OF MILLER PARK - AGENDA ITEM FOR NOVEMBER 27, 1990
DATE: November 19, 1990
As you are aware there is $375,000.00 in the Decade of
Excellence Bond Issue for the development of the additional
eight ( 8 ) acres at Miller Park. Per our agreement with the
Bucky Dent Baseball School, they are financially responsible for
the construction of the major league baseball field and
multipurpose field with the City responsible for lighting,
restrooms, concessions, parking, common areas, etc. Because it
is not practical for the Baseball School and City to each
provide their own grading, irrigation, fumigation,
sprigging/sodding, etc. I am recommending that we enter into an
agreement with the Baseball School to provide these services to
be reimbursed by the City. The key elements of the agreement _
include:
A. The Baseball School must obtain three ( 3) bids for
every aspect of the work and shall select the lowest,
competent bidder and shall produce paid invoices from
the vendor for reimbursement.
B. It is estimated that the city's share of improvements
should not exceed $55,000.00. If the actual costs
exceed $55,000.00 the Baseball School shall obtain
prior approval of the City.
C. The Baseball School will begin improvements no later
than six ( 6 ) months from the date of notification and
completed construction within one ( l) year of the
commencement of construction.
As a precedent when "Little Fenway" was renovated as a joint
project between the Baseball School and the City, the work was
done by the Baseball School with the City reimbursing the
Baseball School for its portion of the work. This project was
completed in a timely and satisfactory manner.
Please review and advise.
Parks and Recreation
REF:JW258.DOC
Attachments
cc: Susan Ruby, Assistant City Attorney
Susan O'Brien, Assistant City Clerk
-
~
.
ADDENDUM NO. 2 TO LEASE AGREEMENT -
This Addendum to the Lease Agreement of August 3,
1983, is entered into by and between the CITY OF DELRAY BEACH,
FLORIDA, (Lessor) and THE BASEBALL SCHOOL, INC. , DBA, BUCKEY
DENT BASEBALL SCHOOL, (Lessee) on this day of
-
, 1990.
WIT N E SSE T H:
WHEREAS, the Lessor and Lessee mutually covenant and
agree to amend and modify the Lease Agreement entered into on
August 3, 1983 and as further modified in Addendum No. 1 to the
Lease Agreement (dated October 17, 1988), in order to provide -
for the development of the property described in Exhibit A
hereto, and more specifically, the major league field and multi
purpose auxiliary field at Miller Park.
WHEREAS, the Lessor and the Lessee desire to more
clearly, delineate the construction and cost responsibilities.
WHEREAS, the Lessee will perform all construction/
installation of improvements for fumigation, irrigation,
sodding/sprigging, and bringing the fields to rough and final
grade, with the City responsible for reimbursement of the cost
of such construction/installation on the Baseball/Softball
field and remaining areas shown on Exhibits B and C as the
corrunon area.
Now, therefore, in consideration of the mutual
covenants, stipulations and agreements herein contained, the
parties agree as follows:
_.--'-"-~,,-,,-,---_, ,--..~_.."
.
.
1. The recitations referred to above are hereby
incorporated herein.
2. Duties of Lessee. The Lessee, pursuant to the
Lease Agreement of August 3, 1983 and pursuant to this Addendum
promises to construct a major league baseball field and a
multi-purpose auxiliary field on property described in Exhibit
A hereto, per the master/site plan as approved and provided by
the city.
3. Allocation of Responsibilities of Development.
A. Responsibility for the costs of development shall be
allocated as shown in Exhibit B.
-
B. Installation of improvements and construction respon-
sibilities shall be allocated as shown in Exhibit c.
4. Payment. The Lessee shall receive from Lessor
reimbursement for the construction/installation of improve-
ments which are designated by an asterik on Exhibit C, but in
no event shall the City pay more than $55,000 for the designat-
ed ( * ) improvements. If actual costs exceed $55,000, Lessee
shall be required to obtain approval of the City. Lessee shall
use its best efforts to not exceed the $55,000 cost. Lessee
shall produce invoices for all work. The Lessor shall, within
a reasonable time of the receipt of paid invoices reflecting
work performed pursuant to this agreement, pay to the Lessees
an amount which corresponds to the actual cost of the
construction/installation of improvements performed pursuant to
Exhibit C.
2
.
.
5. Bids. The Lessee shall obtain three ( 3 ) bids -"
for every aspect of the renovation/development to be provided
by Lessee, and Lessee shall select the lowest, competent bidder
to perform the work.
6. Maintenance. The Lessee shall be responsible
for the maintenance of all Bermuda sodded areas. The Lessor
shall be responsible for the maintenance of all St. Augustine
sodded areas. The Lessor shall be responsible for the main-
tenance of permanent structures, bleachers, parking lot, toilet
facilities, fences, lights, poles and unplanted/unsodded areas
(except the baseball diamonds or other clay surfaces) and the
-
pumps/irrigation system. Lessee shall add clay as may be
required for regular maintenance and the cost of such clay
shall be shared equally with Lessor. Other maintenance duties
shall be performed as described in the Lease Agreement of
August 3, 1983 or as provided in Addendum *1.
7. Discrimination. Lessee agrees not to discrimi-
nate on the basis of race, creed, sex, age, religion or
national origin.
8. OWnership. Lessor shall at the end of the lease
term, retain full title and ownership to all renovations and/or
improvements to the multi-purpose or major league fields.
9. Reimbursement Upon Cancellation. Should Lessor
cancel the Lease within five ( 5) years of the construction of
the improvements by Lessee to the property as described in
Exhibit B, the cost of said improvements shall be reimbursed by
3
~
the Lessor in the percentages stated below, the cost of
improvements previously paid by Lessee as follows:
Lessor Pays Percentage Lessee Pays Percentage
of Expenditures Made By of Cost Expended By
Year Lessee Lessee
1 80 20
2 60 40
3 40 60
4 20 80
5 0 100
In addition, the expenses shall be further prorated for the
portion of the year for which Lessee has had available to it,
the use of the multi purpose or major league fields.
-
10. Time of Performance. All construction of any
and all improvements as shown on Exhibit C shall be completed
within one ( 1) year from commencement of construction.
Construction shall commence within six (6) months from the date
of notification by the City to proceed.
11. Compliance with Laws; Permits. Lessee shall
obtain all permits, comply with all applicable statutes, laws,
rules, ordinances and zoning regulations.
12. Conflict. This addendum does not alter any term
or condition contained within the Lease Agreement of August 3,
1983 concerning any other responsibilities of the Lessee
regarding any other aspect of Lessee's duties pursuant to said
Lease Agreement, nor does it alter the requirements of Addendum
No. 1 dated October 17, 1988. All the terms and conditions of
the Lease Agreement of August 3, 1983 or Addendum No. 1, dated
4
~
.
October 17, 1988 not in conflict with this addendum shall -
remain in full force and effect and are incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their
hands, the day and year first above written.
CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
MAYOR
City Clerk
Approved as to legal form
and sufficiency:
City Attorney
THE BASEBALL SCHOOL, INC.
DBA BUCKEY DENT BASEBALL SCHOOL
By:
Witness Larry Hoskin, President
Witness
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgements, personally appeared ,
known to me to be the person described in and who executed the
foregoing instrument, and acknowledged before me that he
executed the same.
SWORN TO AND SUBSCRIBED before me this day of
, 19 .
-
Notary Public
My Commission Expires:
5
- ~-- ',- ..----..--.-.,.--
. -
INSTALLATION/CONSTRUCTION DUTY ASSIGNMENTS
EXHIBIT C
[Non Common Area] [Common Area]
Remainder of
Baseball/ Property as
Major League Multipurpose Softball Shown in
Field Field Field Exhibit A
Well City City City City
Pump City City City City
*Fumigation BB School BB School *BB School *BB School
* In:ig<'!tion BB School BB School *BB School * BB School
Parking Lot City ----- ----- -----
Landscaping ----- ----- ----- City
-
*Sod/Sprig BB School BB School *BB School *BB School
Clay BB School aB School BB School
Backstops/
Fencing BB School BB School BB School
Field
Lighting City City City City
Perimeter
Fence City City City City
Dugouts BB School BB School BB School -----
Soccer Goals ----- City ----- -----
Bleachers BB School City City -----
Concession/
Stand - City
Restrooms
Water Tank City ----- ----- -----
Utilities City ----- ----- -----
*Rough Grade BB School BB School *BB School *BB School
*Final Grade BB School BB School *BB School *BB School
Master /
Site Plan City City City City
. -
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ?QlM
SUBJECT: AGENDA ITEM 4/: q It - MEETING OF NOVEMBER 27, 1990
REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF
VARIOUS BOARDS
DATE: November 21, 1990
Section 2.4.7(E) of the recently enacted Land Development Regula-
tions sets forth the process for hearing appeals of actions taken
by an approving board. Such actions will now be reported to the
City Commission on a periodic basis, at which time an appeal may
be initiated.
This report of appealable land use actions is for actions taken
by the various boards for the period of November 13, 1990 through
November 21, 1990.
Recommend that the City Commission receive and file this report.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: SON MACGREGOR-HARTY, CITY CLERK
~J~~
FROM: DAVID J. KO ACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 27, 1990
REPORT OF APPEALABLE LAND USE ITEMS, NOVEMBER 13, 1990
THROUGH NOVEMBER 2l, 1990
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of November 13, 1990 through
November 2l, 1990.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
City Commission. After this meeting, the appeal period shall
expire (unless the lO day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1- The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
Historic Preservation Board meeting of November 14, 1990:
1- Granted a waiver to allow parking in the front yard under
OSSHAD Zoning at l20 N.E. 1st Avenue associated with
rehabilitation of a four unit apartment building (McKinney).
2. Approved the demolition, in total, of a single family
dwelling in the Marina Historic District, 325 S.E. 7th
Avenue (Reiske) .
No other appealable items.
n"'___,,
City Commission Documentation
Report of Appealable Land Use Items,
November 13 through November 2l, 1990
Page 2
Planninq and Zoning Board meeting of November 19, 1990:
1- Approved a minor modification to an existing conditional use
to allow construction of an additional structure at Our Lady
of Perpetual Help Parish (Haitian Catholic Church on S.W.
8th Avenue). The additional building will contain offices,
living quarters for the priest, and fellowship facilities.
The parking area is also to be expanded.
2. Made a determination of similarity of use that a Commercial
Boat Dock may be permitted as a conditional use in the CBD
Zone District.
No other appealable items. Most of the items acted upon will be
before the City Commission at a later date.
The reconsideration of Jiffy Lube was continued, at the
applicant's request, to the Board's December meeting.
The site plan for Brighton Gardens ACLF was withdrawn by the
applicant.
Site Plan Review and Appearance Board meeting of Nov. 21, 1990:
1- Approved changes to landscaping and elevations for the
second structure (dealership) at the Morse Saturn site. The
change moves the structure further away from Federal
Highway.
No other appealable items.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
DJK/#67/CCACTION.TXT
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.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM 4/: crt3 - MEETING OF NOVEMBER 27, 1990
REVIEW AND ACTION ON THE DESIGN GUIDELINES - HISTORIC
PRESERVATION BOARD
DATE: November 21, 1990
The action before the Commission is that of adoption of the
Design Guidelines Manual which is to be used in the Historic
Districts. This Manual will help property owners fulfill the
regulations and requirements of the regulations for historic
preservation developed by the Historic Preservation Board and
approved by the Commission.
Both the Site Plan Review and Appearance Board and the Planning
and Zoning Board have reviewed the document and recommend ap-
proval.
Re commend that the Commission adopt the document "De sign Guide-
lines for Historic Places - A Preservation Manual", as provided
pursuant to Section 2.2.6(D) (7) of the LDR's.
..
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CS:;ji:::TY. CITY CLERK
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 27, 1990
ADOPTION OF THE HISTORIC DISTRICT DESIGN GUIDELINES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
adoption of the Design Guidelines Manual which is to be used
in Historic Districts.
BACKGROUND:
Pursuant to Section 2.2.6(D)(7), the Historic Preservation Board
is to:
" Develop, establish, and regulate guidelines concerning
contemporaneous architectural styles, colors, building
materials, and so forth for historic sites and within
historic districts. Such guidelines will be subject to
review by the Site Plan Review and Appearance Board and the
Planning and Zoning Board, and will be subject to approval
by the COlDIDission. The Board's consideration and approval
of certificates of appropriateness under these guidelines
shall be in-lieu of consideration and approval by the Site
Plan Review and Appearance Board."
Subsection (l9) provides that the Board shall:
"Develop and maintain a Historic Preservation Manual for the
City to help property owners fulfill the regulations and
requirements of this section and the regulations for
historic preservation developed by the Historic
Preservation Board and approval(ed) by the Commission."
Design Guidelines for Historic Places - A Preservation Manual has
been prepared by consultants (Mayhew) under the guidance of the
Historic Preservation Board. In addition to setting design
guidelines, there is an approval matrix for Certificates of
Appropriateness ( COAs) . This matrix assigns authority to either
the staff or the Board, or notes when a COA is not required, for
certain items which require building permits or which otherwise
would require issuance of a COA prior to issuance of a building
City Commission Documentation
Meeting of November 27, 1990
Adoption of the Historic District Design Guidelines
Page 2
permi t. The ability to have such a list of exempted items is
found in Section 2.4.6(J)(l)(c) [page 2.4.64] to wit ... "except
for those items specifically exempted by a list promulgated by
the Director".
Review by Others:
The Historic Preservation Board completed its review of the
Manual on October 17, 1990, and has forwarded it for adoption.
The Site Plan Review and Appearance Board reviewed the document
and recommended approval on November 7, 1990.
The Planning and Zoning Board reviewed the document in
work session and then again at a public meeting on November l7th
and they have forwarded it with a recommendation of approval.
RECOMMENDED ACTION:
By motion, adopt the document, Design Guidelines for Historic
Places - A Preservation Manual, as provided for pursuant to
Section 2.2.6(D)(7) of the LDRs.
Attachment:
* copy of the Manual
DJK/#67/CCDESIGN.TXT
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM :11= ~A - MEETING OF NOVEMBER 27, 1990
ARCHITECT AGREEMENTS - VETERANS PARK, CURRIE COMMONS
AND MILLER PARK
DATE: November 19, 1990
The City Commission is requested to approve the Architectural
Agreements and Se rvice Authorizations No. 1 for Site (Master)
Plan for Currie Schneider Associates for Veterans' Park
($25,245.54) and Digby Bridges & Marsh for Currie Commons Park
($l5,200.00) and Miller Park ($26,000.00) .
The Decade of Excellence Bond Issue has earmarked $500,000.00,
$375,000.00 and $230,000.00 for Veterans' Park, Miller Park and
Currie Commons Park respectively. Additionally, we have a grant
request pending before the Florida Inland Navigational District
in the amount of $315,032.00 for seawall replacement at Veterans'
Park and are making application to the Florida Department of
Natural Resources for grants for $l50,000.00 at Currie Commons
Park and $100,00.00 at Veterans' Park.
Recommend approval of Architectural Agreements and Service
Authorizations No. 1 with Currie Schneider Associates for
Veterans' Park and Digby Bridges & Marsh for Currie Commons Park
and Miller Park.
/'//","/1
,1'\ 't
1 {, i
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: ARCHITECT AGREEMENTS-AGENDA REQUEST FOR NOVEMBER 27th
DATE: November 19, 1990
Attached please find Architectural Agreements and Service
Authorizations No. 1 for Site (Master) Plan for Currie Schneider
Associates for Veterans' Park and Digby Bridges & Marsh for
Currie Commons Park and Miller Park. I recommend approval of
the Agreements and Service Authorizations No. 1 for Currie
Schneider at Veterans' Park for a cost of $23,208.18 and Digby
Bridges & Marsh at Currie Commons Park for a cost of $15,200.00
and for cost of $26,000.00 at Miller Park.
Additionally I have asked them to estimate the costs of
engineering (Service Authorization No. 2) and construction
administration (Service Authorization No. 3) for budget purposes
as follows:
VETERANS CURRIE COMMONS MILLER
Engineering $23,208.l8 $l4,673.00 $21,075.00
Construction Admin. $11,5l2.11 $ 4,3l2.00 $ 7,l06.00
As you know these are Decade of Excellence Bond Issue Projects
with $500,000.00, $375,000.00 and $230,000.00 earmarked for
Veterans' Park, Miller Park and Currie Commons Park
respectively. Additionally, we have pending before the Florida
Inland Navigational District a grant request for $315,032.00 for
seawall replacement at Veterans' Park and are making application
to the Florida Department of Natural Resources for grants for
$l50,000.00 at Currie Commons Park and $100,000.00 at Veterans'
Park. Contractually, the Baseball School is financially
responsible for the construction of the major league and
multipurpose field at Miller Park with the City responsible for
lighting, concessions, restrooms, parking, common areas, etc.
I~
Parks and Recreation
JW: jmh
REF:JW257.DOC
Attachments
cc: Susan Ruby, Assistant City Attorney
Susan O'Brien, Assistant City Clerk
I
-
AGREEMENT FOR ARCHITECTURAL SERVICES
for
. Submitted By:
Date:
TABLE OF CONTENTS
Paqe
I. Definitions; General Considerations 1
II. General Duties of Consultant 3
III. Duties of Consultant; Master Plan/
Schematic Design Phase through Construction
Management Phase 4
A. Phase I - Master Plan/Schematic Design Phase 4
B. Phase II - Design Development Phase 5
C. Phase III - Construction Documents Phase 6
D. Phase IV - Bidding/Negotiation Phase 6
E. Phase V - Contract Administration Phase 7
F. Phase IV - Construction Management Services
Phase 10
IV. Data and Services to be Provided by City 10
V. Time of Performance 11
VI. Agreement Period 11
VII. Compensation 11
VIII.Payment 14
IX. Miscellaneous Provisions 14
A. Ownership of Documents 14
B. Copies of Documents 15
C. Insurance 15
D. Litigation Services 17
E. Authority to Contract- 17
F. Assignment 18
G. Confidential Information 18
H. Non-Exclusive Contract 18
I. Sub-Contractors 18
J. Notices 19
K. Attachments 19
L. Truth-In Negotiation Certificate 19
M. Records 19
N. Personnel 20
O. Equal Opportunity Employment '+. 20
P. Prohibition Against Contingent Fees 20
Q. Termination 20
R. Indemnification 2l
S. Interest of the Consultant 21
T. Compliance with Laws 22
U. Jurisdiction; Venue 22
I
.
TABLE OF CONTENTS cont.
Paqe
V. Attorney's Fees 22
W. Internal Disputes in Architectural Contract 22
Between Owner and Consulant 22
X, Extent of Agreement
Exhibit A: Sample Service Authorization
B: Sample Hourly Rate Chart
C: Sample Invoices
AGREEMENT FOR ARCHITECTURAL SERVICES
THIS AGREEMENT, made and entered into this day
of , 19 , by and between the CITY of Delray
Beach, Florida, hereinafter referred to as "CITY", and
,
hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the CITY proposes to
.
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued subsequent to execution of this AGREEMENT; and
WHEREAS, the CONSULTANT desires to provide such
professional services in accordance with this AGREEMENT.
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
understood and agreed as follows:
I. DEFINITIONS; GENERAL CONDITIONS
A. The Project contemplated herein is to
.
B. THE SCOPE OF WORK is be implemented in phrases as set
forth by SERVICE AUTHORIZATIONS, which are attached
hereto and made a part hereof, and as also may be
added as approved from time to time.
C. A SERVICE AUTHORIZATION is a form to be used to
authorize in phases, work, projects, and services.
The form shall be executed by the CITY'S and
CONSULTANT'S representatives. A CITY purchase order
number shall be identified on the form. The purchase
order authorization is established in the CITY Code
of Ordinances with provisions for expenditure level
of approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
this AGREEMENT. The projects, work and services to
be performed by the CONSULTANT and time for
completion of the particular phase of the work by
CONSULTANT shall be authorized by a SERVICE
AUTHORIZATION. The SERVICE AUTHORIZATION shall
include the scope of work to be performed; the budget
cost, complete with an itemization of manhours, wage
rates, reimbursable expenses, and other related
costs; schedule for completion and name of project
manager. The SERVICE AUTHORIZATION shall be signed
by the CITY and the CONSULTANT'S authorized repre-
sentati ve. A CITY purchase order shall be issued
with authorization identifying funds and amount of
expenditures. The terms of this AGREEMENT supersede
the terms stated on the purchase order.
D. CONSTRUCTION COSTS shall be the total cost or esti-
mated cost to the CITY of all elements of the project
designed or speci fied by the CONSULTANT. Construc-
tion costs shall include the cost at current market
rates of labor and materials furnished by the
Contractor and equipment designed, specified,
selected, or specifically provided for by the
CONSULTANT, plus a reasonable allowance for the
contractor's overhead and profit. In addition, a
reasonable allowance for contingencies shall be
included for market conditions at the time of bidding
and for changes in the work during construction.
Construction cost does not include the compensation
of the CONSULTANT or Consultant's subconsultants, the
cost of the land, rights-of-way, financing or other
costs which are the responsibility of the CITY. The
CONSULTANT shall use its best judgment as a design
professional familiar with the construction industry
in estimating the construction cost.
E. PHASES: A phased approach is contemplated by this
contract, as set forth in Section I I I herein. The
City and the Consultant shall have the right to
negotiate the terms of each phase as contained within
each service authorization, and to reject any service
authorization, if the parties cannot agree to the
terms of the service authorization. In the event the
parties cannot agree, the city may select the next
ranked proposer or go out for additional proposals in
order to complete the subsequent phase(s) of the
project. This phased approach shall not waive" the
City's right to terminate the Consultant's contract.
during any phase of the project.
2
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT, and the CONSUL-
TANT will provide the professional and technical
services required under this AGREEMENT in accordance
with acceptable professional practices and ethical
standards. No employer/employee relationships shall
be deemed to be established and the CONSULTANT, its
agents, subcontractors, and employees shall be
independent contractors at all times.
B. Professional and Technical Services. It shall be the
responsibility of the CONSULTANT to work with the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execution by both parties.
C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS to be agreed upon
subsequent to execution of this AGREEMENT.
D. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely
completion, compliance with regulations and rules,
and the coordination with all appropriate agencies of
all designs, drawings, specifications, reports and
other services furnished by the CONSULTANT under this
AGREEMENT. If the CITY determines there are any
errors, omissions or other deficiencies in the
CONSULTANT'S designs, drawings, specifications,
reports and other services after the CONSULTANT has
rendered the se-rvices as specified in Paragraph
IILA(4) , the CONSULTANT shall, without additional
compensation, correct or revise said errors or
omissions to the satisfaction of the CITY.
E. Approval by the CITY of drawings, designs, specifica-
tions, reports and incidental professional services
or materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
technical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
cause of action arising out of the performance of
this AGREEMENT.
F. The CONSULTANT shall be and remain liable in accor-
dance with applicable law for all damages to the CITY
3
. .~.__.~_.._'_____w~_'~~__ ~.~.
.
relating to any of the services furnished under this
AGREEMENT.
G. The CONSULTANT designates ,
as its representative to act as liaison with the
CITY. The representative shall manage and coordinate
CITY projects and is hereby authorized to act on
behalf of tl1e CONSULTANT to negotiate and approve
SERVICE AUTHORIZATIONS and act on any other related
matter with respect to' performance of services for
the CITY in accordance with the AGREEMENT. Any
change to name another person shall be requested in
writing to the CITY.
H. CONSULTANT shall attend all meetings of the City
Commission or any City approved Board, where the
project is discussed, unless the City's representa-
tive declares such attendance and participation is
not necessary. In addition, the CONSULTANT shall
attend all aditional meetings as may be required to
facilitate the project.
III. DUTIES OF CONSULTANT; MASTER PLAN/SCHEMATIC DESIGN
PHASE THROUGH CONSTRUCTION MANAGEMENT PHASE
The following Duties of CONSULTANT are separated into
phases of the project which if approved via SERVICE AUTHORIZA-
TIONS shall be performed by the CONSULTANT. The City may
require SERVICE AUTHORIZATIONS which contain additional
requirements applicable to the project. The city must
authorize through service authorizations, the commencement of
each phase of the work.
A. Phase I - Master Plan/Schematic Design Phase
If the Master Plan/Schematic Design Phase is author-
ized, the following requirement shall apply.
( 1 ) The CONSULTANT shall consult with the owner to
ascertain the requirements of the project and
shall arrive at a mutual understanding of such
requirements with the CITY.
(2 ) The CONSULTANT shall review with the CITY
alternative approaches to design and construc- ,
tion of the project.
( 3) Based on a mutually agreed upon program, the
CONSULTANT shall prepare a Master Site Plan
meeting the requirements of the City's Code of
Ordinances.
4
(4) The CONSULTANT shall prepare, for approval of
the CITY, schematic design documents consisting
of drawings and other documents illustrating the
scale and relationship of project components
based on the mutually agreed upon project,
schedule and construction budget requirements.
(5) The CONSULTANT shall prepare a preliminary
evaluation of the CITY' S project, schedule and
construction budget requirements and submit a
statement of probable construction cost based on
current area, volume or other unit costs which
shall be updated throughout the schematic design
phase, and subsequent phases of the project.
B. Phase II - Design Development Phase
If the Design Development Phase is authorized, the
following requirements will apply:
(1) The CONSULTANT shall prepare for approval of the
CITY, design development documents consisting of
drawings and other documents to fix and describe
the size and character of the project as to
architectural, structural, mechanical and
electrical systems, materials and such other
elements as may be appropriate based on approved
schematic design documents and any adjustments
authorized by the CITY. The CONSULTANT shall
consider the availability of materials, equip-
ment, labor, construction, sequencing,
scheduling, economic analysis of construction
and operations, user safety and maintenance
requirements and energy conservation. _
(2) The CONSULTANT shall submit to the CITY a
preliminary estimate of construction costs based
on current area, volume or other unit costs,
which shall be updated throughout the schematic
design and final design development phase. The
CONSULTANT shall prepare for the City an
estimate prior to obtaining final bids on the
project, as follows:
l. Budgeting estimates based on space
requirements.
2. Elemental estimate based on schematic
design.
S
3 . Detailed bill of quantities when
drawings are 95% complete.
( 3) The CONSULTANT shall update the CITY throughout
the design process of any adjustments to prelim-
inary estimates of construction costs and submit
;. a final construction budget, approved by the
CITY, prior to seeking bids on construction.
( 4 ) The CONSULTANT shall prepare a development
schedule.
C. Phase III. Construction Documents Phase.
If the Construction Documents Phase is authorized,
the following requirements shall apply:
( 1) The CONSULTANT shall prepare construction
documents consisting of drawings and specifica-
tions setting forth in detail the requirements
for construction of the project based on design
development documents and any further adjust-
ments in the scope or quality of the project or
in the construction budget authorized by the
CITY.
(2 ) The CONSULTANT shall in the preparation of
drawings and specifications, take into account
all currently prevailing codes and regulations
governing construction in Palm Beach County and
in the City of Delray Beach.
(3 ) The CONSULTANT shall update and revise the
probable cost of construction.
( 4 ) The CONSULTANT shall file the required documents
for the approval of governmental boards,
agencies or authorities having jurisdiction,over
the project.
D. Phase IV - Bidding/Negotiation Phase.
If the bidding phase is authorized, the following
requirements shall apply:
( l) The CONSULTANT shall assist the CITY in the
preparation of the necessary bidding" informa-
tion, bidding forms, conditions of the contract,
and form of AGREEMENT between the Owner and
Contractor, all of which must be approved by the
CITY Attorney.
6
( 2 ) The CONSULTANT shall prepare and file all
documents required for the approval of govern-
mental authorities having jurisdiction over the
project, which approvals are required prior to
the public notice for the Invitation to Bid.
( 3 ) The CONSULTANT shall provide the City six
copies, plus one reproducable copy of the
construction drawings and specifications.
( 4 ) The CONSULTANT shall assist the Owner in obtain-
ing bids or negotiated proposals, assist in
awarding and preparing contracts for Construc-
tion, attend pre-bid conferences, prepare
addenda, provide written recommendation of
award, assist in the attainment of the required
bonds and certificates of insurance.
E. Phase V - Construction Contract Administration Phase
If Contract Administration is authorized, the follow-
ing requirements shall apply:
( 1 ) The CONSULTANT shall provide administration of
the contract for construction as set forth
herein and as contained within the general
conditions of the contract for construction.
( 2 ) The CONSULTANT shall be a representatiVe of and
shall advise and consult with the CITY during
construction and until final payment to the
contractor is due. The CONSULTANT shall have
authority to act on behalf of the CITY only to
the extent provided in this AGREEMENT as
provided in the contract for construction unless
otherwise modified by written instrument.
( 3 ) The CONSULTANT shall visit the site at regular
intervals (no less than once per week) appropri-
ate to the stage of construction or as otherwise
agreed to by the CITY and the CONSULTANT, in
writing, and shall become generally familiar
with the progress and quality of work completed
and shall determine in general if the work is
being performed in a manner indicating that the
work when completed will be in accorda'rrce with
the contract documents. The CONSULTANT shall, be
required to make regular on-site inspections to
review the work. The CONSULTANT shall keep the
CITY informed of the progress and quality of the
work and shall protect the Owner against defects
and deficiencies in the work of the Contractor.
7
( 4 ) The CONSULTANT shall not have control over or
charge of and shall not be responsible for
construction means, methods, techniques,
sequences or procedures or for safety pre-
cautions and programs in connection with the
work, since these are solely the Contractor's
responsibility under the contract for construc-
tion. The CONSULTANT, shall make every
reasonable effort to make sure that the Contrac-
tor completes the work in accordance with his
schedule and carries out the work in accordance
with the Contract documents.
( 5 ) The CONSULTANT based on observations and evalua-
tions of Contractor's applications for payment,
shall review and certify the amounts due the
Contractor.
( 6 ) The CONSULTANTs certification for payment shall
constitute a representation to the CITY, based
on the CONSULTANT'S observations at the site as
provided herein and on the date of 'comprising
the Contractor's application for payment, that
the work has progressed to the point indicated
and that, to the best of the CONSULTANT'S
knowledge, informatioI:l, and belief, quality and
quantity of the work is in accordance with the
contract documents. The foregoing representa-
tions are subject to an evaluation of the work
for conformance with the contract documents upon
substantial completion, to results of subsequent
tests and inspections, to minor deviations from
the contract documents, correctable prior to
completion and to specific qualifications
- expressed by the CONSULTANT. The issuance of
the certificate of payment shall further consti-
tute a representation that the CONSULTANT has
made inspections to review the quality or
quantity of work, but shall not be a representa-
tion that the CONSULTANT has reviewed con-
struction means, methods, technique, sequences,
procedures or safety programs or has ascertained
how or for what purpose the Contractor has used
money previously paid on account of the contract
sum.
(7 ) The CONSULTANT shall have authority to reject
work which does not conform to the contract
documents. The CONSULTANT will have authority
to require additional inspection or testing of
the work in accordance with the provisions of
the contract documents, whether or not such work
is fabricated, installed or completed.
8
.
( 8 ) The CONSULTANT shall review and approve or take
other appropriate action upon contract or
submittals such as shop drawings, product data,
and samples for the purpose of checking for
conformance with information given in the design
concept expressed in the contract documents.
( 9 ) The CONSULTANT shall prepare change orders and
construction change directives with supporting
documentation and data if deemed necessary by
the CONSULTANT, for the CITY's approval and
execution in accordance with the contract
documents, and may authorize minor changes in
the work not involving an adjustment in the
contract sum or an extension of the contract
time which are not inconsistent with the intent
of the contract documents.
(10) The CONSULTANT shall conduct inspections to
determine the date or dates of substantial
completion and the date of final completion,
shall receive and forward to the CITY for the
CITY's review and records, written warranties
and related documents required by the contract
documents and assembled by the Contractor and
shall issue a final certificate for payment upon
compliance with the requirements of the contrac-
tor documents.
(11) The CONSULTANT shall interpret matters concern-
ing performance of the owner and contractor
under the requirements of the contract documents
on written request of either the owner or
contractor. The CONSULTANT'S response to such
requests shall be made with reasonable prompt-
ness and within any time limits agreed upon.
(12) Interpretations of the CONSULTANTs shall be
consistent with the intent of and reasonably
inferable from the contract documents and shall
be in writing or in the form of drawings. When
making such interpretations, the CONSULTANTs
shall endeavor to secure faithful perform~~ce by
both the CITY and the Contractor.
(13) The CONSULTANT'S decisions, when approved by the
owner, on matters relating to aesthetic effect
shall be final if consistent with the intent
expressed in the documents.
9
(14) The CONSULTANT shall render written interpreta-
tions within a reasonable time on all internal
disputes between the owner and contractor
relating to the execution of the progress of the
work as provided in the contract documents.
(15) The CONSULTANT'S interpretations on internal
disputes are not binding on the CITY and the
CITY may result to remedies afforded by this
contract to resolve the issue.
F. Phase VI Construction Manaqement Services Phase
If the Construction Management Services Phase is
authorized the following requirements shall apply:
A. Construction Management Services shall be
governed by AlA Document B-801, 1980 governing
terms and conditions of AGREEMENT between Owner
(CITY) and Construction Manager as modified
below.
B. The standard form of AGREEMENT between CITY and
Construction Manager shall be amended to delete
Section 1.1, "Preconstruc::tion Phase in its
entirety. Articles 2 through and including 14
shall be deleted in their entirety.
C. Paragraph 1.2.11.2 shall be added to the
standard form of Agreement between the City and
Construction Manager to provide for inspections
of structural items required under the threshold
laws as well as providing on-site daily quality
inspections durin9 all construction.
-
D. Sections V, VI, VII, VIII and IX of this Agree-
ment shall also be incorporated in the
Construction Management Agreement.
IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents; and other
information as the CONSULTANT and CITY ,mutually
deem necessary and which are under control of
the CITY.
B. Other data and services to be agreed upon in
subsequent SERVICE AUTHORIZATIONS.
10
C. Pay for all legal advertisements incidental to
obtaining bids or proposals from contractors.
D. The CITY Manager shall act as the CITY'S repre-
sentative with respect to the work to be
performed under this AGREEMENT. The CITY
Manager shall have the authority to the extent
authorized by the CITY Charter and Code of
Ordinances to exercise the rights and responsi-
bilities of the CITY provided in this contract.
Said authority may include but is not limited
to: transmit instructions, stop work, receive
information, interpret CITY'S policies and
decisions with respect to materials, equipment,
elements, and systems pertinent to the services
covered by this AGREEMENT.
E. Pay all permit application filing fees.
F. Provide access to CITY facilities.
V. TIME OF PERFORMANCE
A. The CONSULTANT will begin work promptly after receipt
of a fully executed copy of each SERVICE AUTHORIZA-
TION.
B. The CONSULTANT'S services called for under the
AGREEMENT shall be completed in accordance with the
schedule contained in each SERVICE AUTHORIZATION;
provided that, if the CONSULTANT'S services are
unreasonably delayed by the CITY, the time of perfor-
mance and compensation shall be renegotiated.
VI. AGREEMENT PERIOD
The period of service is from the date of execution. of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS issued have been completed. Each Service
Authorization shall delineate a time for completion of the
service to be rendered.
VII. COMPENSATION
A. The CITY will compensate the CONSULTANT 'for the
services performed on each SERVICE AUTHORIZATION in
accordance with a negotiated lump sum, or a not to
exceed budgeted amount based on time charges which
are based upon hourly rates, plus reimbursable
expenses and other related costs as are specified in
the SERVICE AUTHORIZATION.
11
1. METHOD 1 - LUMP SUM
Lump Sum Amount. Wherever possible, the scope
of services for Services, Projects or Programs
shall be thoroughly defined and outlined prior
to its authorization. The CITY and CONSULTANT
shall mutually agree to a lump sum amount for
services to be rendered and a detailed scope of
services. Should the CITY deem that a change in
the scope of services is appropriate, then a
decrease or increase in compensation shall be
authorized in writing. In lump sum contracts,
the CONSULTANT shall submit the manhours, wage
rates and other actual unit costs supporting the
compensation. The CONSULTANT shall submit a
truth in negotiation certificate stating that
all data supporting the compensation is
accurate, complete and current at the time of
contracting.
2. METHOD II - TIMES CHARGES/ NOT TO EXCEED
BUDGETED AMOUNT
Computation of Time Charqes/Not to Exceed
Amount. When a service is to be compensated for
on a time charge/not to exceed basis, the
CONSULTANT will submit a not to exceed budget
cost to the CITY for prior approval based on
time charges with established hourly rates as
shown in Exhibit B attached hereto, plus
reimbursable expenses and other related costs.
The CITY shall not be obligated to reimburse the
CONSULTANT for costs incurred in excess of the
not to exceed cost amount.
a. The CITY agrees to pay the CONSULTANT
compensation for service$ rendered based
upon the established raw hourly salary
rates as shown in Exhibit B for services
rendered on CITY projects multiplied by
3.0. The schedule of hourly rates as set
forth in Exhibit B is attached hereto and
made a part hereof. The rates listed in
Exhibit B may be adjusted upon AGREEMENT of
the parties. ' .
b. In addition, the CITY shall pay for reim-
bursable expenses invoiced at the actual
cost of expenditures incurred by the
CONSULTANT if provided in the SERVICE
AUTHORIZATION as follows:
l2
( 1 ) Actual expense of transportation
and lodging in accordance with
CITY policy in effect at the time
of travel when traveling in
connection with each SERVICE
AUTHORIZATION, actual communica-
tion expense such as telephone,
facsimile transmissions,
telegraph, cable and express
charges, and fees paid for
securing approval of authorities
having jurisdiction over the
project.
( 2 ) Actual expense of reproductions,
postage and handling of Drawings
and Specifications including
duplicate sets of the completion
of each SERVICE AUTHORIZATION for
the CITY'S review and approval.
( 3 ) Actual expenses of testing,
laboratory services, and field
equipment.
( 4 ) Actual expense of overtime work
requiring higher than regular
rates, when authorized by the
CITY.
( 5 ) Actual expense of computer time.
( 6 ) Actual expense of Auto Travel at
the established CITY rate per
- mile for travel outside Palm
Beach County.
B. Subcontractual service shall be invoiced at the
actual fees paid by the CONSULTANT, plus an addition-
al ten percent (lO%) of the cost of these services to
compensate CONSULTANT for non-performance risk, for
the procuring and management of the sub-consultant,
and for the other financing and administrative costs.
Subcontractual services shall be approved by the CITY
in writing prior to performance of the subcontractual
work.
C. Total Compensation (including, but not limited to
compensation for sub-consultants) for all services
and expenses shall not exceed the budget cost listed
upon each SERVICE AUTHORIZATION, without written
approval.
l3
D. If the CITY determines that any price for services,
however calculated provided by the CONSULTANT,
including profit, negotiated in connection with this
AGREEMENT or any cost reimbursable under this AGREE-
MENT was increased by any significant sums because
the CONSULTANT or any subcontractor furnished
incomplete or inaccurate costs or pricing data, then
such price or cost or profit shall be reduced accord-
ingly and the SERVICE AUTHORIZATION shall be reduced
accordingly and the SERVICE AUTHORIZATION shall be
modified in writing to reflect such reduction.
VIII.PAYMENT
The CITY agrees that it will use its best effort to pay
the CONSULTANT within forty-five (45) calendar days from
presentation of the CONSULTANT'S itemized report and
invoice and approval of the CITY'S representative, unless
additional time for processing is required for payments
for basic services, subcontractual services, and reimburs-
able expenses as defined in Section VII. The CONSULTANT
shall submit monthly invoices, or other periodic invoices
required in the SERVICE AUTHORIZATION, including a report
of work completed during the respective invoice period.
Invoices shall be in a format consistent with those shown
in Exhibit C. The report shall be adequate in detail to
describe work progress (% complete for each task) and
written summaries of work completed. No payment request
shall exceed the value of work and services performed by
the CONSULTANT under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. Ownership Documents:
-
All reproducible mylar drawings, computations, C.A.D.
disks in a format compatible with CITY'S Computer
system, details, design calculations, and all other
documents and plans that result from the CONSULTANT'S
SERVICES under this AGREEMENT shall become and remain
the property of the CITY, including copyright rights,
whether the project is completed or not. CONSULTANT
reserves the right to retain a copy of all such
documents for record purposes. Where such documents
are required to be filed with governmental agencies, .
the CONSULTANT will furnish copies to the CITY upon
request. The contract work is represented by hard
copy documentation; software, is provided to the CITY
for convenience only.
l4
B. Copies of Documents:
The CONSULTANT shall prepare sufficient copies of all
documents necessary to obtain approval through the
City's processes, as well as other governmental
authorities. See also Section III (D) for additional
requirements. The CITY acknowledges that the materi-
als cited in Paragraph IX A. and other data provided
in connection with this Agreement which are provided
by the CONSULTANT are not intended for use in connec~
tion with any project other than the project for
which such materials are prepared. Any use by the
CITY of such materials in connection with a project
other than that for which such materials were
prepared without prior written consent and adaptation
by the CONSULTANT shall be at the CITY'S sole risk,
and the CONSULTANT shall have no responsibility or
liability therefore.
C. Insurance:
Wi thout limiting any of the other obligations or
liabilities of the CONSULTANT, the CONSULTANT shall,
at his own expense, provide and maintain in force,
until all of its services to be performed under this
AGREEMENT have been completed and accepted by the
CITY (or for such duration as it otherwise specified
hereinafter), the following insurance coverages:
I, Worker's Compensation Insurance to apply to all
of the CONSULTANT'S employees in compliance with
the "Worker's Compensation Law" of the State of
Florida and all applicable Federal Laws.
A. Employer's Liability with limits of
$100,000 per person, $500,000 per occurance
and $100,000 per each disease.
2. Comprehensive General Liability with minimum
limits of one million dollars ($l,OOO,OOO.OO)
per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
Coverage must be, afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liability policy, without
restrictive endorsements other than ISO Endorse-
ment GL 21 06 (Engineers, Architects, or
Surveyors Professional Liability exclusion), as
Filed by the Insurance Services Office and must
include:
15
a. Premises and/or Operations
b. Independent Contractors
c. Products and Completed Operations -
CONSULTANTS shall maintain in force until
at least three years after completion of
all services required under this AGREEMENT,
coverage for Products and Completed Opera-
tions, including Broad Form Property
Damage.
d. Broad Form Property Damage
e. Broad Form Contractual Coverage applicable
to this specific Agreement.
f. Personal Inj ury Coverage with minimum
limits of coverage equal to those required
for Bodily Injury Liability.
4. Business Automobile Liability with minimum
limits of one million dollars ($1,000,000.00)
per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Business Automobile Liability policy, without
restrictive endorsements, as filed by the
Insurance Services Office and must include:
a. Owned Vehicles
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
5. Professional Liability Insurance with minimum
limits of one million dollars ($1,000,000) per
occurrence applicable to CITY projects.
Coverage shall be afforded on a form acceptable
to the CITY. CONSULTANT shall maintain such
professional liability insurance until at least
one year after a Certificate of Occupancy is
issued.
6. Prior to commencement of services, the CONSUL-
TANT shall provide to the CITY Certificates of
Insurance evidencing the insurance coverage
speci f ied in the foregoing Paragraphs Bl, B2,
B3, B4, B5. All policies covered wi thin sub-
16
paragraphs Bl, B2, B3, B4, shall be endorsed to
provide the CITY with thirty (30) days notice of
cancellation and/or restriction. The CITY shall
be named as an additional insured as to
CONSULTANT'S liability on policies referenced in
subparagraphs B2, B3, and B4. The required
Certificates of Insurance shall not only name
the types of policies provided, but also shall
refer specifically to this AGREEMENT and section
and to the above paragraphs in accordance with
which insurance is being furnished, and shall
state that such insurance is as required by such
paragraphs of this AGREEMENT. The -CONSULTANT
shall also make available to the CITY a certi-
fied copy of the professional liability
insurance policy required by paragraph 5 above
for the City's review. Upon request, the
CONSULTANT shall provide copies of all other
insurance policies.
7 . If the initial insurance policies required by
this AGREEMENT expire prior to the completion of
the services, renewal Certificates of Insurance
of policies shall be furnished thirty ( 30) days
prior to the date of their expiration. For
Notice of Cancellation and/or Restriction; the
policies must be endorsed to provide the CITY
with thirty ( 30) days notice of cancellation
and/or restriction.
8. The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional Insured,
shall apply on a primary basis and any other
insurance maintained by the CITY shall not
contribute with the CONSULTANT'S insurance.
D. Litigation Services:
It is understood and agreed that CONSULTANT'S
services include reasonable participation in litiga-
tion arising from this AGREEMENT.
E. Authority to Contract:
The CITY represents that it is a political subdivi-
sion of the State of Florida with the authority to
engage the CONSULTANT for professional services
described in the SERVICE AUTHORIZATIONS and to accept
the obligation for payment for the services described
in the SERVICE AUTHORIZATIONS.
17
F. Assiqnment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of
such other party, in respect to all covenants of this
AGREEMENT subject to budget considerations and
requirements of law; and, neither the CITY nor the
CONSULTANT will assign or transfer their interest in
this AGREEMENT without the written consent of the
other.
G. Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
date of this contract, all discussions between the
CITY and the CONSULTANT and all information developed
or work products produced by the CONSULTANT during
its employment and all matters relevant to the
business of the CITY not otherwise being a matter of
public record shall be deemed to be confidential.
All such information and work product shall be
protected by the CONSULTANT and shall not be revealed
to other persons without the express written permis-
sion of the CITY, unless mandated by order of court.
H. Non-Exclusive Contract:
The CITY reserves the right to award projects to
other firms pursuant to the Florida Statutes
CONSULTANTs Competitive Negotiations Act during the
period of service of the CONSULTANT. The CONSULTANT
agrees to cooperate with the CITY and other firms in
accomplishing work that may require joint efforts to
accomplish the CITY'S goals. This cooperation, when
requested by the CITY, will include but. not be
limited to:
1. Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
3. Establish lines of communication.
I. Subconsultants:
In the event the CONSULTANT, during the course of the
work under this AGREEMENT requires the services of
any subcontractors or other professional associates
18
in connection with services covered by this
AGREEMENT, CONSULTANT must secure the prior written
approval of the CITY.
J. Notices:
Whenever either party desires to give notice unto the,
other, it must be given by written notice, sent by
registered United States mail, with return receipt
requested, addressed to the party for whom it is
intended at the place last written, as the place for
giving of notice in compliance with the provisions of
t:-his paragraph. For the present, the parties
designate the following as the respective places of
giving of notice to wit:
CITY of Delray Beach
CITY Manager
CITY of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Neqotiation Certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation certifi-
cate stating that wage rates and other factual unit
costs supporting the compensation of this AGREEMENT
are accurate, complete, and current. The original
contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the
CITY determines the contract price was increased due
to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY
19
or its authorized representative at mutually conve-
nient times.
N. Personnel:
The CONSULTANT represents that it has or will secure,
at its own expense, qualified personnel required in
performing the services under this AGREEMENT. All
work shall be performed under the direction of a
professional, registered under State and local law to
perform such services. The project manager shall be
approved by the CITY under each SERVICE AUTHORIZA-
TION. Key project personnel will be identified for
each project and expected to perform the work assign-
ment as can reasonably be expected.
O. Equal Opportunity Employment:
CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for
work under this Agreement because of race, color,
religion, sex, age or national origin.
P. Prohibition Aqainst Continegent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicit or secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other considera-
tion, contingent upon or resulting from the award or
making of this AGREEMENT.
Q. Termination:
This AGREEMENT may be terminated by either party by
seven ( 7 ) calendar days prior written notice, in the
event of substantial failure to perform in accordance
with the terms hereof by the other party through no
fault of the terminating party. The CONSULTANT and
the CITY shall also have a right to terminate this
AGREEMENT for convenience at any time by thirty (30)
calendar days written notice to either one or the
other. In the event the project described in any
SERVICE AUTHORIZATION, or the services of the
CONSULTANT called for under any SERVICE AUTHORIZA-
TION, is or are suspended, canceled, or abandoned by
the CITY, the CONSULTANT shall be given five days
20
prior written notice of such action and shall be
compensated for the professional services provided
and reimbursable expenses incurred up to the date of
suspension, cancellation or abandonment. The
CONSULTANT agrees to provide all documents to the
CITY (specifically those referenced in paragraph
VI.A.).
Further, prior to the CONSULTANT'S destruction of any
of the above-referenced documents, the CITY shall be
notified and allowed a reasonable period to gain
access to and make copies of any such documents.
Upon any termination of this AGREEMENT, the CONSUL-
TANT agrees that it shall use its best efforts to
work harmoniously with any successor who enters an
AGREEMENT to provide services for the CITY in order
to provide for a smooth transition period.
R. Indemnification:
The CONSULTANT will at all times indemnify, save and
hold harmless and defend the CITY, its officers,
agents and employees, from and against all liability,
any claim, demand, damage, loss, expense or cause of
action and costs (including attorney's fees at trial
or appellate levels) arising out of error, ommission,
or negligent act of consultant, its agents, servants
or employee in the performance of services under this
agreement. The CONSULTANT further agrees to
indemnify, hold harmless and defend the Ci ty, its
officers, agents and employees from and against any
claim, demand or cause of action arising out of any
conduct or misconduct of CONSULTANT for which the
City, its agents, servants or employees are alleged
to be liable. The indemnifications contained herein
shall survive the expiration or earlier termination
of this Agreement. The monetary limitation on the
extent of the CONSULTANT'S liability for each service
authorization shall be in an amount equal to the
amount of the insurance the CONSULTANT shall provide
to the CITY for professional liability insurance.
Nothing in this AGREEMENT shall be deemed to affect
the rights, privileges and immunities of the CITY as
set forth in Florida Statutes 768.28.
S. Interest of the Consultant:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct
or indirect, in any Project to which this AGREEMENT
2l
pertains or any other interest which would conflict
in any manner or degree with the performance of its
services hereunder. The CONSULTANT further covenants
that in the performance of this AGREEMENT, no person
having such interest shall be employed.
T. Compliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of State laws and all Codes and
Ordinances of the CITY OF DELRAY BEACH as
amended from time to time.
b. For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
approve the applicable required provisions or
any other supplemental provisions as may be
included in each SERVICE AUTHORIZATIONS.
U. Jurisdiction; Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State Civil Courts of Palm
Beach County, Florida. Any dispute between C-
ONSULTANT and the CITY shall be governed by the laws
of Florida with venue in Palm Beach County Court.
V. Attorney's Fees:
If the City incurs any aexpense in enforcing the
terms of this Agreement, whether suit be brought or
not CONSULTANT agrees to pay all such costs and
expenses including, but not limited to, court costs,
interest and reasonable attorney's fees.
w. Internal Dispute in Architectural Contract Between
Owner and Consultant:
The City Manager shall be the final decision maker
regarding internal disputes between owner and
CONSULTANT.
x. Extent of Aqreement:
This AGREEMENT represents the entire integrated
AGREEMENT between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations or
AGREEMENTs, written or oral. This AGREEMENT may not
be amended, changed, modified, or otherwise altered
22
in any way, at any time after the execution hereo f ,
except by approval of the CITY Commission.
IN WITNESS WHEREOF, the CITY has caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its CITY Clerk,
and the CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA
By:
- MAYOR
ATTEST:
CITY Clerk
Approved as to Form:
CITY Attorney
CONSULTANT
By:
Witness
\-H tness
State of Florida
County of Palm Beach
BEFORE ME, the foregoing instrument, this day
of , 19 , was acknowledged by
-
, on behalf of the Corporation
and said person executed the. same freely and voluntarily for
the purpose therein expressed.
WITNESS my hand and seal in the County and State
aforesaid this day of , 1990.
Notary Public
(SEAL) My Commission Expires:
.
23
State of Florida
c.ounty of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrument, and acknowledged before
me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me this day
of , 19 .
-
-
Notary Public
My Commission Expires:
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrument as a partner of
, a partnership. He/She
acknowleged before that he/she executed the same as the act and
deed of said partnership for the uses and purposes therein
mentioned.
SWORN TO AND SUBSCRIBED before me this day
of , 19 .
-
Notary Public
My Commission Expires:
State of Florida
County of Palm Beach
BEFORE ME, the foregoing instrument, this day
of , 19 , was acknowledged by
-
, on behalf of the Corpora tiof\.
and said person executed the same freely and voluntarily for
the purpose therein expressed.
WITNESS my hand and seal in the County and State
aforesaid this day of , 1990.
Notary Public
My Commission Expires:
24
EXHIBIT A
SERVICE AUTHORIZATION
FOR CONSULTING SERVICES
PER AGREEMENT CITY OF DELRAY BEACH AND
(Consultant)
Date: Master Contract Date:
DESCRIPTION OF THE PROJECT:
LUMP SUM $ OR TIME AND COST NOT TO EXCEED $
START DATE COMPLETE DATE ACTUAL COMPLETION
CITY PURCHASE ORDER # DATE
CONSULTANT PROJECT # DATE
APPROVALS
CITY - DATE CONSULTANT REPRESENTATIVE
DATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
PROJECT NOTES .
- -
. .
EXHIBIT B
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
Mulitpler
Employer Category
Professionals -- Engineers, Architects, Planners, Economicsts,
Scientists, Hydrologists, Hydrogeologists, Geologists
-
Technicians -- Drafters, Graphic Artists, Computer, Surveyors,
Cartographics, Construction Inspectors
Office Support
, ., .
EXHIBIT C
SAMPLE INVOICE -- REIMBURSABLE FORMAT
INVOICE
City of Delray Beach
Project No.
Purchase Order No.
Task Order No.
-
Description of services under Task Order # .
Period ending: .
LABOR
Class Employee Name Rate Hours Amount
Subtotal -Labor $
EXPENSES
Computer
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE $
COST SUMMARY
.
Contract Amount $
Amount Earned This Period $
Amount Previously Earned
Amount Remaining $
.
; .
\.
.~
. ~ I.
EXHIBIT C (continued)
SAMPLE INVOICE -- LUMP SUM FORMAT
INVOICE
City of Delray Beach
Project No.
Purchase Order No.
Task Order No.
Description of services under Task Order .
Period ending .
Total Fee $
_% Complete $
Less Previous Billings
Total Earned This Period $
TOTAL AMOUNT DUE THIS INVOICE $
.
.
EXHIBIT A
SERVICE AUTHORIZATION
FOR CONSULTING SERVICES
PER AGREEMENT CITY OF DELRAY BEACH AND DIGBY BRIDGES, MARSH & ASSOCIATES.
(Consultant)
Date: 11/19/90 Master Contract Date: N/A
DESCRIPTION OF THE PROJECT:
CURRIE COMMONS PARK
AS PER ATTACHMENT A
LUMP SUM $15,200.00 OR TIME AND COST NOT TO EXCEED $ N/A
START DATE COMPLETE DATE ACTUAL COMPLETION
CITY PURCAHSE ORDER # DATE
CONSULTANT PROJECT # DATE
APPROVALS
CITY - DATE CONSULTANT REPRESENTATIVE
DATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
.
PROJECT NOTES
ATTACHMENT A
DESCRIPTION OF WORK
PHASE I
Consultant is to provide the following services to achieve a site
plan approval from the City.
(a) Site plan
New little league ball field.
Additional little league ball field or multi purpose
field (Soccer)
Concession buildings (sketch design)
Parking layout
(b) Landscaping plan of:-
All the above with preliminary
landscaping to meet the city's code
requirements
(c) Civil Engineering and Surveys
Total survey of site area and existing conditions.
Topography (elevation 10' off site and other L.R.D.
requirements as necessary)/ Tree Survey.
Location of existing utilities
Off site improvement 50' in adjacent properties
Location of test-hole boring
Preliminary paving and drainage plans and drainage
calculations.
Preliminary water and sewer
(d) Cost Estimate
Preliminary budget cost of improvement
Consultant to attend meetings (maximum 6) that will be required to
obtain Site plan approval. (Meeting duration allowed for 1 1/2
hours, this will be deducted, if more cost will be added).
EXCLUSIONS
Soil testing
Any out of pocket expenses incurred, including, but not limited to
the following: long distance phone 'calls, long distance travel,
prints, postage, permits, soil tests and any form of testing will
be billed to the Client. Any major expenses to have the Client's
approval prior to being incurred.
ATTACHMENT A (CONTINUED)
All the above for the fee $14,200.00 (Fourteen Thousand Two Hundred
Dollars) .
Ball field lighting perliminary layout and specifications for the
fee of $1,000.00 (One Thousand Dollars) .
...
.
EXHIBIT B
Hourly Hourly Raw
Raw Salary Salary Rate
Ra tes Times 3.00
Multiplier
Employer Category
Professionals -- Engineers, Architects, Planners, Economists,
Scientists, Hydrologists, Hydrogeologists, Geologists
Architects (Principal) $30.00 $90.00
Engineers $28.00 $84.00
Architects $25.00 $75.00
Technicians -- Drafters, Graphic Artists, Computer, Surveyors,
Cartographics, Construction Inspectors
$20.00 $60.00
Office Support
Junior Staff $ 8.00 $24.00
Senior Staff $12.00 $36.00
.
EXHIBIT A
SERVICE AUTHORIZATION
FOR CONSULTING SERVICES
PER AGREEMENT CITY OF DELRAY BEACH AND DIGBY BRIDGES, MARSH & ASSOCIATES.
(Consul tan t)
Date: 11/19/90 Master Contract Date:
DESCRIPTION OF THE PROJECT:
MILLER PARK
AS PER ATTACHMENT A
LUMP SUM $26,000.00 OR TIME AND COST NOT TO EXCEED $ N/A
START DATE COMPLETE DATE ACTUAL COMPLETION
CITY PURCAHSE ORDER # DATE
CONSULTANT PROJECT # DATE
APPROVALS
CITY - DATE CONSULTANT REPRESENTATIVE
DATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
PROJECT NOTES .
ATTACHMENT A
DESCRIPTION OF WORK
PHASE I
Consultant is to provide the following services to achieve a site
plan approval from the City.
(a) Site plan (no through road running north south along w~st
boundary or parking area in the north)
* New major league ball field.
Practice field
Soft ball field
* Multi purpose field ( Soccer)
Concession buildings (sketch design)
Parking layout (south side only)
* (b) Landscaping plan of:-
All the above with preliminary
landscaping to meet the city's code
requirements
* (c) Civil Engineering and Surveys
Total survey of site area and existing conditions.
Topography (elevation 10' off site and other L.R.D.
requirements as necessary). Tree Survey.
Location of existing utilities
Off site improvement 50' in adjacent properties.
Location of test-hole boring
Preliminary paving and drainage plans and drainage
calculations.
Preliminary water and sewer
* (d) Cost Estimate
Preliminary budget cost of improvement
Consultant to attend meetings (maximum 6) that will be required to
obtain Site plan approval. (Meeting duration allowed for 1 1/2
hours. If the consultant has to attend less than six and fewer
hours, this will be deducted, if more, cost will be added).
* City to provide consultants with layout.and engineering,
(including sodded areas) irrigation plans, of all areas under Becky
Dent School Control.
EXCLUSIONS
Soil testing
ATTACHMENT A (CONTINUED)
Any out of pocket expenses incurred, including, but not limited to
the following: long distance phone calls, long distance travel,
prints, postage,permits, soil tests and any form of testing will
be billed to the Client. Any major expenses to have the Client's
approval prior to being incurred.
All the above for the fee of $25,000.00 (Twenty Five Thousand
Dollars).
Ball field lighting preliminary layout and specifications for the
fee of $,1000.00 (One Thousand Dollars) .
Total Fee for Phase I $26,000.00 (Twenty Six Thousand Dollars)
.
EXHIBIT B
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
Multiplier
Employer Category
Professionals -- Engineers, Architects, Planners, Economists,
Scientists, Hydrologists, Hydrogeologists, Geologists
Architects (Principal) $30.00 $90.00
Engineers $28.00 $84.00
Architects $25.00 $75.00
Technicians -- Drafters, Graphic Artists, Computer, Surveyors,
Cartographics, Construction Inspectors
$20.00 $60.00
Office Support
Junior Staff $ 8.00 $24.00
Senior Staff $12.00 $36.00
.
. ~
.
EXInBIT A
SERVICE AUTHORIZA nON
FOR CONSULTING SERVICES
PER AGREEMENT CITY OF DELRA Y BEACH AND
CURRIE SCHNEIDER ASSOCIATES AlA. PA
(Consultant)
Date: November 19, 1990 Master Contract Date:
DESCRIPTION OF THE PRomCf:
Assist in obtaining site plan approval for the design of Veteran's Park by providing the following services:
. Programming
. Preliminary Design of the Site
. Preliminary Site Lighting
. Preliminary Landscape Plan
. Preliminary Playground Layout
. Preliminary Civil Engineering
. Preliminary Proposed Pavilion "Structure(s)"
. One Colored Site Plan
. Review of Veteran's Memorial Location(s)
. Prepare Budget Estimates of Proposed Work
. Coordination and Meetings with Consultants on the following:
a) ScawaIl
b) Rcstrooms
c) Electrical wI Utilities Depl/PBSJ
. Meetings with:
a) Parks Department
b) Downtown Development Authority
c) Community Redevelopment Agency
d) Shuffleboard Committee
e) Lawn Bowling Committee
f) Senior Citizens Group
g) Veteran's Groups
h) Community Appearance Board
i) Planning & Zoning Board
j) Technical Review Committee
k) Fire Department
I) City Commission
. Review Existing Site Plan as Prepared by WALLACE, ROBERTS & TODD
. Coordinate Necessary Infonnation with Parks Department Staff in Applying for State and/or Federal
Grants
.
LUMP SUM $ N/A OR TIME AND COST NOT TO EXCEED $ 25,245.54
Twenty-Five Thousand Two Hundred Forty-Five DoIlars and 541100 for Basic Services.
The Consultant shall be reimbursed for Reimbursable Expenses as per Paragraph
VII.A.2.b. items 1 throueh 6 of the Master Contract .
continued Exhibit A, paRe 2
,
.
VETERAN'S PARK IMPROVEMENTS
EXHIBIT A
PAGE 2 OF 2
START DATE
COMPLETE DATE Six (6) months after Notice to Proceed < _
AcruAL COMPLETION
CITY PURCHASE ORDER # DATE
CONSULTANT PROJECT # 90573 DATE 1\. \ 6\. C\o
APPROVALS
~ t ~u1L
CITY - DATE CONS l'ANT REPRESENTATNE
Larry M. SchneIder, AlA - PrincIpal
CURRIE SCHNEIDER ASSOCIATES AlA, PA
November 19, 1990
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
PROJECT NOTES
.
, .
:URRIE SCHNEIDER ASSOCIATES AIA.PA
:ITY OF DEL~AY BEACH, FLORIDA
V'ETERAN'S PARK
~RCHITECT'S PROJECT NUMBER 90573
PRELIMINARY DESIGN
SITE PLAN APPROVAL
Principal PM Tech I Tech II Tech III TOTAL
==============================================================================
PROJECT ADMIN
Jffice Admin 6 10 0 0 16 32
~ROGRAMMING 12 4 0 0 0 16
2HECKICOORDINATE WORK
WI TEAM CONSULTANTS 8 16 0 0 024
4.GENCY/REVIEW
rRC 2 0 0 0 0 2
P&Z 4 0 0 0 0 4
:AB 2 0 0 0 0 2
DDA 4 0 0 0 0 4
:RA 4 0 0 0 0 4
FIRE DEPT 2 0 0 0 0 2
:ITY COMM 4 0 0 0 0 4
JWNER SUPPLIED DATA AND
~EETINGS WITH SPECIAL
INTEREST GROUPS
Parks Dept 4 0 0 0 0 4
Lawn Bowlers 2 0 0 0 0 2
Senior Citizens 2 0 0 0 0 2
Shuffle Board 2 0 0 0 0 2
Utilities Consult 0
PBSJ 6 0 0 0 0 6
Seawall Consult 4 0 0 0 0 4
;rant Applications 0 0 0 0 0 0
\RCHITECTURAL
JESIGN/DRAWING 24 12 64 0 0 100
3UDGET ESTIMATE 6 16 0 0 4 26
TOTAL HOURS 98 58 64 0 20 240
PRINCIPAL 98 Hours $85.50 Hourly rate $8,379.00
PROJECT MANAGER 58 Hours $47.31 Hourly rate $2,743.98
TECH I 64 Hours $49.14 Hourly rate $3,144.96
TECH II 0 Hours $37.50 Hourly rate $0.00
TECH III 20 Hours $23.88 HOUF.ly rate $477.60
.-----------------------------------------------------------------------------
TOTAL HOURS 240 Hours SUB-TOTAL $14,745.54
NE COLORED SITE PLAN $750.00
-----------------------------
SUB~TOTAL $15,495.54
^'T't:' 1"'-_",~.._n() n^r''C' 1
. ,
:URRIE SCHNEIDER ASSOCIATES AlA PA
CITY OF DELRAY BEACH, FLORIDA
VETERAN'S PARK
~RCHITECT'S PROJECT NUMBER 90573
PRELIMINARY DESIGN
SITE PLAN APPROVAL
CONSULTANTS
CIVIL ENGINEER
statements/Water/Wastewater/Drainage S750
Preliminary Engineering S2,000
Meetings/Hearings/Committe Approval S1,500
TOTAL $4,250
LANDSCAPE ARCHITECT
Site Analysis/Review SurveY/Evaluate
Existing Conditions/Prepare Drawings 51,500
Meetings/Coordination $1,500
Preliminary Master Landscape Plan $2,500
TOTAL $5.500
PROJECT FEE
ARCHITECTURAL S15.495.54
CIVIL ENGINEERING $4,250.00
LANDSCAPE ARCHITECTURE $5.500.00
TOTAL FEE REQUESTED
FOR THIS PHASE OF THE WORK S25.245.54
ATE 16-Nov-90 PAG'F. 2
. . .. ,
EXIllBIT B
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Time 3.00
Multiplier
Employer Category
Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists,
Hydrogeologists, Geologists
Robert G. Currie 28.50 85.50
Larry M. Schneider 28.50 85.50
Jess Sowards 14.25 42.75
Ron Rickert II 14.25 42.75
Jose Aguila 17.31 51.93
Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographies,
Construction Inspectors
Norm Murphy 18.75 56.25
Fernando Paredes 14.00 42.00
Kevin Rountree 6.50 19.50
Kevin Layell 6.50 19.50
James Currie 4.50 13.50
Office Support
Judith Pimentel 12.00 36.00
Sheri Nichols 9.25 27.75
.
cityexhb.con
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'J0
SUBJECT: AGENDA ITEM # '1 C - MEETING OF NOVEMBER 27, 1990
REQUEST FOR DOWNTOWN CORE GEOGRAPHIC AREA OF EXCEPTION
DATE: November 21, 1990
The action requested of the City Commission is that of formally
initiating a request to the Palm Beach Countywide Planning
Council for the designation of a Geographic Area of Exception -
Downtown Core. Such a designation is allowed pursuant to the
County's recently adopted Countywide Traffic Performance
Standards Ordinance.
This item has not been scheduled or budgeted; therefore, it is
necessary to assign it as a work task and allocate funding. The
CRA has offered to finance the study and act as the lead agency.
However, before any activity can be undertaken, the Commission
must formally initiate the request for designation as a downtown
core - GAE.
Recommend that the Commission direct the City Manager to formally
file a request for designation as a Downtown Core - Geographic
Area of Exception to the Countywide Traffic Performance Standards
Ordinance and to accept the CRA's offer of retaining a consultant
and funding the necessary studies.
C I T Y COMMISSION DOCUMENTATION
TO: ALISON MacGREGOR-HARTY, CITY CLERK
~~~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 27, 1990
INITIATION OF A DESIGNATION FOR A DOWNTOWN CORE -
GEOGRAPHIC AREA OF EXCEPTION ( TRAFFIC PERFORMANCE)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
formally initiating a request to the Palm Beach Countywide
Planning Council for the designation of a Geographic Area of
Exception - Downtown Core. Such a designation is allowed
pursuant to the County's recently adopted Countywide Traffic
Performance Standards Ordinance.
(Note: The County Traffic Performance Standards Ordinance
will become effective upon adoption of a County Plan Amendment
which allows geographic areas of exception. If the Amendment
is challenged by D.C.A. , it may affect our ability to seek
this designation.)
BACKGROUND:
Attached is a presentation outline which was used at a joint
meeting of the C.R.A. and the Planning and Zoning Board (November
12th) .
Without going into details, downtown development is presently
limited to approximately 26,000 additional square feet because of
the substandard condition of Lake Ida Road between Congress and
Swinton and of Atlantic Avenue at Congress. Both of these system
deficits are scheduled for improvement in the next two years. In
the longer picture, there may be problems with meeting traffic
concurrency once (re) development approaches more than 200,000
sq. ft. of new floor area.
In order to avoid the longer term problem potential, and to
(perhaps) gain some relief from the short-term deficiency, the
vehicle of a downtown core exception has been included in the
Traffic Performance Standards Ordinance. Although not written
specifically for Delray Beach, it does address our needs.
City Commission Documentation
Initation of a Designation for a Downtown Core -
Geographic Area of Exception (Traffic Performance)
Page 2
This activity heretofore has not been scheduled or budgeted. Thus,
it is necessary to assign it as a work task and to allocate funding
for it. The CRA, by its memo of November 13th (copy attached), has
offered to finance the study and act as the lead agency. Before
any activity can be taken, the City Commission must formally
initiate a request for designation as a downtown core - GAE. Once
this action is taken, the CRA and the City will meet with the
PBCWPC in order to establish the parameters for the required
studies.
Review by Others:
The C.R.A. on November 12th formally requested the City to
initiate a request for a designation of Geographic Area of
Exception - Downtown Core.
On November 19th, the Planning and Zoning Board recommended that
the City initiate such a request.
RECOMMENDED ACTION:
By motion, direct the City Manager to formally file a request for
designation as a Downtown Core - Geographic Area of Exception to
the Countywide Traffic Performance Standards Ordinance and to
accept the C.R.A. 's offer of retaining a consultant and funding
the necessary studies.
Note: It is appropriate to have the C.R.A. explain what is meant
by being the lead agency.
Attachments:
* CRA Memo of November 13th
* Presentation Outline re GAE for a Downtown Core
REF/DJK#73/CCGAE.TXT
CD Community
Redevelopment
-a Agency
Delray Beach
CM__I1~_~_Q
TO: Mayor Tom Lynch
FROM: Frank R. Spence, Executive Director~
DATE: November 13, 1990
SUBJECT: Exception to County Traffic Performance Standards ..
The CRA Board is officially requesting the city Commission to file
for a Geographic Area of Exception for the Downtown Core area as
provided for in the recently adopted Palm Beach County Traffic
Performance Standards Ordinance. Such an exception is crucial to
the redevelopment of the CBD and the Downtown Core area and the
attraction of developers to the area.
Since time is of the essence in order to meet the June 1, 1991
filing deadline, the CRA has agreed to hire and pay for a
consultant which will be necessary to develop the required
information in such a short period of time. The CRA is also
requesting that it be designated as the lead agency on this
project.
Your City Planner, David Kovacs will present to you the details of
what is involved in this exception.
cc: David Harden, City Manager
,t DavidKovacs , Director, Planning & Zoning
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1 S.E. 4th Avenue, Suite 204, Delray Beach, Florida 33483 (407) 276-8640
PHESEN'l'ATION OUTLINE -- CRA/P&Z WORKSESSION HE TRAFFIC
PERFORMANCE STAImARDS & DOWR"l.'OQ GEOGRAPHIC EXCEPTIONS
OVERVIEW OF COUNTYWIDE TRAFFIC PERFORMANCE STANDARDS ORDINANCE
Affected Streets: "collector and arterial roads which are not
the responsibility of any municipality"
Rule: The City cannot issue a development order for
a proposed project which will:
1) add traffic in the radius of
development influence which would have
Total Traffic exceed the adopted Level
of Service (LOS)
2) ditto regarding Model Traffic
Exceptions I
* Existing land use but not amendments thereto
* Previously approved projects
* Subsequent development orders
* Coastal Residential Exception (I-95 to ICW)
* Reductions in width (usually rights-of-way)
* Constrained Facilities (CRALLS) (reduction of
LOS due to physical aspects of the roadway)
* Geographic Area Exceptions
- Downtown Core
- Special Project (large scale, site
specific, minimal retail)
- Community Redevelopment (CRA is
eligible, problems lies with our level
of future land use planning)
Geographic Area Exception - Downtown Core
Purpose:
* promote a downtown urban character
* promote a compact urban core
* provide a wide variety of land uses, thus
negating the need for some travel
* promotion of infill and redevelopment and
deterring urban sprawl
Authorities:
* PBCWPC Charter provides that they shall be
responsible to review geographic exception
requests
* County Charter provides that exceptions shall
be provided
Comprehensive Plan:
* An Amendment to the County Plan is required
* An Amendment to, at least, the Traffic
Element of the Delray Beach Plan is required
Application Contents: The specific items to be contained in the
application and the degree to which information must be provided
is determined at the pre-application meeting. Items which are
identified in various portions of the Ordinance include:
* identification of area of applicability
* identify affected links and major
intersections
* proposed LOS for links and major
intersections
* an areawide traffic evaluation
* evaluation of other land us~ options
* economic impact analysis
* basis/reason of rejection of other land use
options I
* may require a Special Transportation Area
(STA) designation on State roads
Focus of the pre-application meeting:
- identification of issues for consideration
- likely impacts
- assumptions re socio-economic data (as it
will relate to Model Traffic inputs)
- determination of application requirements
- determination of level of data needed
- determination of the level of study
(analysis) needed for existing and future
land use
Procedure:
* Delray Beach writes to PBCWPC to declare
intent
* PBCWPC hosts the pre-application meeting
* Application submitted to PBCWPC Mar 10
* 45 day review
* Inclusion in City Plan Amend 91-1 March
* Sufficiency statement by PBCWPC May 1
* 30 days response period
* Revised application submitted June 1
(next submission period is June, 1993)
* TCRPC, MPO, State, Municipal reviews
* City adoption of Plan Amend 91-1 Sept.
* PBCWPC recommendation to the County
Commission following a public hearing Oct. 15
* County Commission takes action to amend the
Traffic Performance Standards Ordinance and
set a new LOS by Dec. 31
- 2 -
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* County Commission adds the GAE and new LOS to
its Comprehensive Plan (initiation) Feb. '92
* County Plan Amendment Adopted Aug. '92
Ci ty Actions Which Are Needed:
1. Recommendation by the P&Z Board to initiate a GAE
2. Recommendation by the CRA to initiate a GAE and to state its
level of commitment (funding) to it
3. Action by the City Commission by November 27th
-- initiation of the GAE request
-- RFQ/RFP for consultant services (less the project is
done under the auspices of the CRA)
4. Pre-application meeting by December 15th
5. Consultant on-board by January 2
6. Initial application complete by March 1
7. City Commission (after review by CRA and P&Z) formally
submits application ,
REF/DJK#71/CBDGAE.TXT
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERM
SUBJECT: AGENDA ITEM ~' crl) - MEETING OF NOVEMBER 27, 1990
REQUEST FOR WAIVER
DATE: November 21, 1990
The action requested of the City Commission is that of granting a
waiver with respect to payment of a processing fee for a site
plan review.
Section 2.4.3 (K) (7) (b) provides that the waiver of payment of
application and permit fees may be granted by the City Commission
for good and substantial cause upon written application through
the City Manager. The applicant is requesting relief from
payment of fees on the basis that the project is relatively small
in scope - establishment of an architectural office in the bottom
floor of the accessory building.
Recommend denial of the request for waiver of processing fees
unless a good and substantial cause which is directly associated
with this site plan review is demonstrated.
C I T Y COMMISSION DOCUMENTATION
TO: MacGREGOR-HARTY, CITY CLERK
~~~
FROM: D ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 27, 1990
REQUEST FOR WAIVER OF PROCESSING FEE ( BACCARI)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
grantinq a waiver with respect to payment of a processing
fee for a site plan review.
Section 2.4.3(K) (7) (b) provides that the "waiver of payment
of application and permit fees may be granted by the City
Commission for good and substantial cause upon written
application through the City Manager".
BACKGROUND:
The fee for site plan review is $500 for projects of less than
five acres. The request which is requiring site plan review is
the establishment of an office use in what was an accessory
building on a lot in the OSSHAD. Prior to establishment of the
use, site plan approval by the Historic Preservation Board is
required.
The request involves consideration of variances (number of
parking spaces, geometrics of spaces, and rear yard setback
reduction) and the consideration of a waiver of some other
development standards. The variance items require a separate
processing fee of $150. Pursuant to Section 2.4.3(K)(1)
processing fees are separate and cumulative and that combined
applications shall provide multiple fees.
Mr. Bacarri is requesting relief from payment of fees on the
basis that the project is relatively small in scope --
establishment of an architectural office in the bottom floor of
the accessory building.
City Commission Documentation
Request for Waiver of Processing Fee (Baccari)
Page 2
The Director's position is that the fee represents a minimum fee
for an item which involves a change in use and upgrading of
parking and there is no basis for a waiver of the fee which would
distinguish this request from others which involve a change of
use. If any relief is granted, it might be that the fees for the
associated variances not be assessed.
Two items of note. First, when the LDRs were being adopted a
request was made to have land use processing fees excepted within
the OSSHAD Zone District. Immediately thereafter, a
representative of the Del Ida Neighborhood sought an exception
for (re) development in that Historic District. The City
Commission did not provide such an exception.
The second item is that the requirement for site plan review is
not new with the LDRs. Under the previous code, site plan review
was also required and a similar fee would have applied.
RECOMMENDED ACTION:
Denial of the request for waiver of processing fees unless a good
and substantial cause which is directly associated with this site
plan review is demonstrated.
Attachment:
* Letter from John Bacarri, A.I.A.
DJK/#73/CCBAC.TXT
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ARCHITECT PLANNER 7300 NORTH FEDERAL HIGHWAY SUITE 203 BOCA RATON FLORIDA 33431 994-4999
November 2, 1990 ~1t(f;1EnWlE.1D)
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Director, Department of Planning & Zoning NQV7 1990
City of Delray Beach .
100 N.W. 1st Avenue PLANNING & ZONING
Delray Beach, Florida 33444
"
Re: Site Plan Approval
112 N.E. 1st Avenue
Delray Beach, Florida 33444
Dear Sir:
In compliance with your letter dated October 9, 1990, in which
you stated the requirements for submission for formal Site Plan
Review, the following is submitted>
The intended use of the property, 112 N.E. 1st Avenue, is
residential and office use. The residential use has been
existing and the Office Use will be new. It is intended by
this application too utilize the existing ground floor of the
rear building as an Office by renovation, in accordance with
applicable codes, space. as indicated on the drawings
submitted. ,
General description of improvements are:
1.- Paint exterior,'/ot':;: thebuildfngs:j;"when required, color
palette to be submitted for approval'
. <
2.- Install landscaping 'as 'per plans~,approved' by Historical
Preservation Board.
3.- Install new parking area in Pea Rock surface, Handicapped
parking space to be concrete slab; (Hard surface required
by Code, unless relief is granted).
4.- Renovate lower level of existing 2-story rear building to
contain office,
,'..."",.~14."
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Dept. of Planning & Zoning
- Page Two -
. 4
5.- To improve esthetical, existing stair to 2nd floor north
side by adding "Lattice" work as per drawings and relocate
washing machine and hot water heater.
6.- Install deck and railing on south side for 2nd floor use.
This improvement to be accomplished in the future.
Approval in concept is requested at this t{me.
7.- Install single light fixture with a motion detector
control d~y~ for security purposes. Location indicated
on west~evato~~
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Relief from the "L.D.R." requirements is requested as stated
for.
1.- Relief from Section 4.6.9.82b. which requires parking
spaces adjacent to alley to .; be 10'-0" wide and 25'-0"
deep. We have provided 9'-0" x 22'-0" with a 2'-0"
landscape area to install hedge material at the base of
the fence.
2.- Relief from the requirement that parking be required on
site and Permit 3 parking spaces at the curb on N.E. 1st
Avenue, in front of the main residence. Street pavement
is 20'-0" from the center line west and there is adequate
space . for curb side parking. Presently parking is
accommodated in this area.
. .
is "".',',
3.- Relief requested from the requirement to permit the
installation .~of,V "Trellis" on,.'the west side above the
"Garden" fen6e ericlosure.
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Dept. of Planning & Zoning ~~
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In addition, relief is requested that the filing fee of $5~OO
is excessive for the size of this project and be reduced to an
equable amount.
Thank you for your 'review of this project and your expeditious
reply will be greatly appreciated. Again, we are very
enthusiastic about the "Things" that-are happening to the Old
School Square Historic Arts District and look forward to being
part of this happening.
,
Respectfully submitted,
ecarS., A..l.A
Planner
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,~
.. ,
SUBJECT: AGENDA ITEM # <} e - MEETING OF NOVEMBER 27, 1990
REQUEST FOR RELIEF
DATE: November 21, 1990
The action requested of the City Commission is that of granting a
waiver of required sidewalk and street improvements for property
located about 200 feet south of S.E. 10th Street on the east side
of Miami Boulevard (Lot 22, Block 6, Silver Terrace Subdivision).
The Silver Terrace area is one of the "redevelopment areas"
identified on the Future Land Use Map.
Options available to the owner include waiting until the City
improves the streets {a few years hence} , paving Miami Boulevard
from S.E. 10th Street or seeking some relief.
While it does not make sense to require the minimum improvement
{paving of the street in front of the lot}, it seems more appro-
priate that the cost of improvements for the sidewalk an one-half
the street section be collected at this time.
Recommend that the Commission deny the request for a waiver or
deferral of street and sidewalk improvements but accept, in-lieu
thereof, a cash payment for the cost of these improvements along
the Miami Boulevard frontage of Lot 22.
.'
C I T Y COMMISSIOR DOCUMERTATIOR
TO: ALISON MacGREGOR-HARTY, CITY CLERK
~~~I..l~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 27, 1990
REQUEST FOR RELIEF FROM REQUIREMENTS FOR IRSTALLATIOR
OF SIDEWALK AND STREET PAVIRG (Lot 22, Block 6, Silver
Terrace)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
grantinq a waiver of required sidewalk and street
improvements.
The request is for Lot 22, Block 6 of the Silver Terrace
Subdivision. It is located about 200' south of S.E. 10th
Street on the east side of Miami Boulevard.
BACKGROUND:
Miami Boulevard is not paved nor are there sidewalks in the
immediate area. The Silver Terrace area is one of the
"redevelopment areas" identified on the Future Land Use Map.
A person wishes to purchase Lot 22 and to construct a new home on
it. The owner is seeking a waiver of sidewalk and street paving
requirements at this time (construction) but has indicated
agreement to an assessment at a later date.
The City has required that new residential development be on a
paved street. This requirement has lead to the private
construction of portions of several (previously platted) streets
in the City. Sidewalk installation is also a standard
requirement associated with construction of a new home.
Options available to the owner include waiting until the City
improves the streets (a few years hence) , paving Miami Boulevard
from S. E . 10th Street, or seeking some relief. Recently, the use
at Miami and 10th obtained relief from immediate installation of
paving in exchange for an agreement to participate in a future
improvement district. There were extenuating circumstances in that
situation including the situation wherein there were two street
frontages.
City Commission Documentation
Request for Requirements for Installation of
Sidewalk and Street Paving (Lot 22, Block 6, Silver Terrace)
Page 2
The option of pre-agreement to an assessment district is not the
preferred choice of staff (DS~). While it does not make sense
to require the minimum improvement (paving of the street in front
of the lot) , it seems more appropriate that the cost of
improvements for the sidewalk and one-half the street section be
collected at this time. If there is an assessment district
formed for the Silver Terrace area at a later date, a credit can
be given for these collected sums.
Code Section 5.3.1(E) Improvement Obligations applies.
Subsection 1 thereof requires construction of all improvements
"necessary to accommodate the demands and impacts of the project"
(this would require construction of the street from SE 10th).
Subsection (2) provides that "if it is impractical to physcially
provide the improvements, this obligation may be met by payment
of cash funds equal to the current cost for installation of such
improvements". Similarly Section 6.1.3(D) provides for waiver of
sidewalk installation or an in-lieu paYment.
RECOMMENDED ACTION:
By motion, deny the request for a waiver or deferral of street
and sidewalk improvements but accept, in-lieu thereof, a cash
paYment for the cost of these improvements along the Miami Blvd
frontage of Lot 22.
Attachments:
* letter of November 9th from Shelia Astuccio
* letter of November 5th from Durante Realty, Inc.
REF/DJK#73/CCMONEY.TXT
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SHEILA H. ASTUCCIO \ ._"L.
P. o. Box 2613 i
South Hamilton, MA 01982 j
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November 9, 1990 \ "-
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David Kovacs
Director of Planning & Zoning
City of Delray Beach
100 N. W. 1st Avenue
Oelray Beach, FL 33444
RE: silver Terrace Oelray Lot 22, Blk 6, PB11 PG61
Vacant Lot
Dear Mr. Kovacs:
This letter ia to request that the city of Delray Beach consider
waiving sidewalk and street paving requirements during the
construction phase of a new home on the property referenced above
which is currently owned by me.
An assessment by the city for sidewalk and street paving sometime
after completion of construction would be agreeable.
Thanking you in advance for any consideration that can be given to
this request.
Sincerely,
~~ 1'111.~~
Sheila M. Astuccio
CCI Patti Alfera (Sanctuary Realty Corp.)
Loretta McGhee (Durante Realty, Inc. )
~~~~~~----------------~~~~-~~~~-------------------~~~---~--~~-~--
STATE OF ~ If $'r ) .
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COUNTY OF )
Before me this day personally appeared SHEILA M. ASTUCCIO, who
being duly sworn, deposes and says that she is the owner of the
referenced property in the foregoing letter and has signed same.
Sworn to and subscribed before me this ~ day of
~V , 1990. 7~~ ~r
S~9nature
My Commission Expires: ~AJ
Notary PUblic
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Phone: (407) 272.7059 9J)uMMUe ~J Ihw. alJfil
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409 W. Atlantic Avenue REAL ESTATE
Delray Beach, FL 33444
November 5, 1990
Mrs. Sheila M. Astuccio
P. O. Box 2613
south Hamilton, MA 01982
RE: silver Terrace Delray Lot 22, Blk 6, PSll PG 61
Dear Mrs. Astuccio:
In trying to sell your property, we find that the City of Delray
Beach has made some zoning and code changes.
Enclosed please find 2 letters that we have prepared for your
signature containing the information that the City of Delray is
requiring in order for Mr. Griffin to appeal having to put .
1n
sidewalk and pave the street in front of your property he is trying
to buy and build on only. Letters are:
1. Request to Waive sidewalk and paving of street
2. Authorization for Fred Griffin, Barlow Homes, Inc.
(Buyer) to act as agent in your behalf in order to have
paving of sidewalk. and street waived during construction.
Both letters should be signed by you, notarized and sent to David
Kovacs with copies going to sanctuary Realty, Inc. and Durante
Realty, Inc.
Addressed envelopes have been enclosed for your convenience.
If there are any questions, please do not hesitate to contact the
City of Delray Beach or Patti Alfera directly.
Sincerely,
~tA /IL~
retta ~CGhee
Sales Associate
Enclosures
cc: Patti Alfera (Sanctuary Realty Corp.) (w/o Encl.)
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[ITY DF DELIAY BEA[H
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager~
SUBJECT: Aqenda Item # 9 F Commission Meetinq, November 27, 1990
Golf Course Management Agreement
DATE: October 20, 1990
On October 23, 1990, City Commission agreed to extend the Golf Course
Management Contract with Gerecter and Dubin to December 31, 1991, with
an incentive clause provision.
Since that meeting staff has learned that Mr. Dubin has bought out the
stock of Mr. Gerecter in the corporation and will be forming a new
corporation as of January 1, 1991, Dubin Associates, Inc. In view of
this information, the City Attorney advises that Commission should
terminate the existing agreement with Gerecter and Dubin as of December
31, 1990, and approve a new contract with Dubin Associates, Inc. as of
January 1, 1991.
Commission is requested to terminate the existing agreement as of
December 31, 1990, and approve a new contract as modified by your
October 23, 1990, action with Dubin Associates, Inc. The new contract
will be the same as the one with Gerecter and Dubin with a change in
the term of the Agreement, the addition of the incentive clause, and
the corporate name change.
City Manager recommends approval.
DTH:rab:kwg
THE EFFORT ALWAYS MATTERS
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MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT
.. ""1 '~VCS. GROl:
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THIS AGREEMENT is made as of the 1st day of January,
1991 by and between The City of Delray Beach (hereinafter
called "City"), and Dubin Associates, Inc. (hereinafter called
"Dubin")~ the principal addresses of each party being those set
forth on the signature page of this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. AGREEMENT TO PERFORM WORK City agrees to retain
Dubin to render certain professional services (hereinafter the
"Work") and to pay for the performance of such Work on and
I under the conditions which are set forth in this Agreement, and
I
I Dubin agrees to perform such Work and to accept in full payment
I
,
, as is set forth in this Agreement.
2. THE WORK The work shall generally consist of
I those services more particularly set forth in Exhibit "A".
I
,
3. ADDITIONAL SERVICES Dubin will not be paid for
reimbursables nor for services in addition to those listed in
I Exhibit "A" attached hereto without the prior written author-
ization from City which authorization shall be in the form of a
Purchase Order, Work Order, Order to Contractor, or other
similar written instrument ( " Change Order"). Dubin shall keep
a separate record of these additional reimbursables and
services and City shall be invoiced separately therefore. Any
service provided by Dubin for which a Change Order has not been
issued shall be considered within the scope of the Work covered
by this Agreement. The parties agree and understand that
whenever Dubin provides services which shall be considered
additional services, it is the responsibility of Dubin to
request a Change Order to this Agreement. Failure of Dubin to
request a Change Order prior to performing such services shall
be interpreted that such services are within the scope of the
Work covered by this Agreement.
4. TERM OF AGREEMENT The Terms of the Agreement is
extended until December 31, 1991. The term shall be automati-
cally extended for one (1) year until December 31, 1992 unless
city gives written notice to Dubin on or before October 31,
1991 that the term is not to be extended. Notwithstanding the
above, with or without cause either party may terminate this
Agreement with sixty (60) days prior written notice delivered
in person or tro~nsmitted certified mail, return receipt
requested.
5. AVAILABILITY OF CONSULTANT During the term of
this Agreement, Dubin shall make himself available to perform
the Work as may be required to accomplish the Work 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 specia_l circumstances. Dubin shall also be available to
Ci ty. -dur ing evening meeting hours and other reasonable times
when required by City.
6. PAYMENT City shall pay Dubin for the perfor-
mance of the Work the sum of Five Thousand Five Hundred Dollars
($5,500.00), per month payable on the 1st of each month. City
shall also accept reimbursables including:
a) payroll costs for Dubin's employees who are working
full time at the Delray Beach Municipal Golf Course,
such payroll costs are subject to the City Manager's
prior approval, and only such approved costs shall be
reimbursed;
b) liability insurance as required by paragraph 12 of
this Agreement;
c) travel expenses;
d) mileage at $.26 per mile;
.
-2-
e) production costs;
f) telephone, mail, facsimile and miscellaneous out-of-
pocket expenses.
All expenses will be itemized and submitted with receipts and
shall be billed at cost on a monthly basis.
In addition to the above state payment, man incentive
payment based on net operating profit as calculated at the end
of the fiscal year ending September 30, 1990 shall be made.
The schedule of incentive payment herein follows and shall only
be paid if conditions listed are met:
10% of net operating profit between $456,800 - $499,999
12.5% of net operating profit between $500,000 - $524,999
15.0% of net operating profit between $525,000 - $549,999
17.5% of net operating profit between $550,000 - Over
Conditions
1. Completion of the Decade of Excellence Bond Program
Capital Improvement Plan by March 31, 1991.
2. comptetion of 40% of the bond construction projects by
September 30, 1991.
3. Favorable cooperation with City staff as determined by the
City Manager.
4. Overall player satisfaction with pro shop service and
course condition as determined by written complaints to
the City Manager. (Unresolved by Course Manager).
5. Generally improved course condition as determined by the
City Manager, meeting at a minimum the following
standards:
A. No weeds in the greens.
B. No more than 10% weed coverage on the tees and in the
defined fairways.
.
-3-
C. Satisfactory reports from the independent course
consultant - reports to reflect improvement from
inspection to inspection.
D. Proper care and maintenan,ce of equipment and
buildings.
The incentiye bonus shall be payable on November 30, 1991, and
will be calculated based on the Operating Budget for the fiscal
period october 1, 1990, through September 30, 1991 and shall be
calculated as per Exhibit "B".
7. 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.
8. DESIGNATED REPRESENTATIVE All of Dubin's
recommendations, reports and certifications are to be routed
through the City Manager.
9. 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 of the Work 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 Work shall be the property of
City and may be used by City for any purpose whatsoever.
10. CONFIDENTIALITY In the performance of the Work,
Dubin may be exposed to the confidential information of City
and others. Dubin shall not disclose to anyone not employed by
Ci ty nor use, except on behalf of City, any such confidential
information acquired by him in the performance of the Work
.
-4-
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 Work (either
directly or indirectly disclosed to him or developed by him in
the performance of the Work) shall be presumed to be confiden-
tial 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.
11. LIABILITY Dubin agrees to hold City harmless
from loss, damage, injury or liability arising from the acts or
omissions of Dubin, his employees, agents, subcontractors and
their employees and agents.
12. INSURANCE Dubin shall provide the City with
insuranc~ certificates showing the following minimum insurance
coverages, which coverage shall be maintained throughout the
term of this Agreement.
A. Workers' 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 Restriction. 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
.
-5-
edition of the Comprehensive General Liability Police
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.
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 inju+y 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 coyerage required
under the terms of this License Agreement.
13. PURCHASES All purchases of equipment or
supplies for the operation of the golf course shall be made by
the City's Purchasing Department.
.
-6-
14. USE OF THE GOLF COURSE Employees of Dubin may
enj oy 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.
15. ATTORNEY'S FEES In the event of any action
instituted by Dubin or City in connection with a breach of the
terms of this Agreement, the prevailing party shall be entitled
to recover from the losing party all the prevailing party's
costs and expenses including court costs and reasonable
attorney's fees.
16. SUCCESSORS AND ASSIGNS Dubin shall not assign,
sublet or transfer its interest in this Agreement without the
prior written consent of City. The foregoing notwithstanding,
this Agr~~ment shall be binding upon and inure to tpe benefit
of each party's successors and assigns.
17. 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 33444
.
-7-
NOTICES TO BE GIVEN TO DUBIN SHALL BE ADDRESSED AS FOLLOWS:
Dubin & Associates, Inc.
800 Palm Trail
Delray Beach, FL 33483
18. CONFLICT In the event of conflict between the
terms contained in the body of this Agreement and any term or
terms of the Proposal, the provisions contained in the body of
this Agreement shall control and prevail.
--
19. ENTIRE AGREEMENT This written Agreement,
together with any written amendments heretp, constitute the
entire Agreement between the parties relating to the subject
matter hereof. It is the final expression of agreement between
the parties thus, neither party shall be entitled to rely upon
any conflicting oral representations, assurances, claims or
disclaimers, prior - -- - .
made either to or simultaneous with the
execution of this Agreement.
- IN WITNESS WHEREOF, City and Dubin have executed this
Agreement as of the day and year first above written.
WITNESS: Dubin Associates, Inc.
800 Palm Trial
Delray Beach, FL 33483
BRAHM DUBIN, VICE PRESIDENT
WITNESS: City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
City Clerk Mayor
Approved as to Form:
City Attorney
.
-8-
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 Delray
Beach Municipal Golf Course.
2. Oversee all administration of the club, 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 operation.
5. Perform monthly reviews of the financial statements.
6. Prepare operational budgets.
7 . Review and assist in the planning of all marketing and
promotional programs.
8. Evaluate all personnel and issue a written report to the
City Manager within 60 days.
9. Approve all expenditures before they are submitted for
payment to the City.
10. Assure that the highest standards of general maintenance
are maintained.
11. Coordinate the development of a master plan for the golf
course and clubhouse renovation projects.
12. Provide monthly course maintenance reports.
13. Dubin shall hire and employ all personnel necessary to
maintain and operate the golf course, excluding the
restaurant operation and the head golf professional.
Dubin will have full authority over the hiring and firing
of all personnel, but will do so under guidelines mutually
agreed upon between Dubin and the City.
14. Dubin shall act as City1s liaison between and supervise
the acti vi ties and operations of the Restaurant Manager
and head golf professional.
.
-9-
;
EXHIBIT "B"
NET OPERATING PROFIT CALCULATION
INCOME
As per budget $l,468,500
Less: Interest on Investment (40,000)
Restaurant & Bar (20,000)
Adjusted Income $1,408,200
EXPENDITURES
As per budget $1,405,300
Less: Share/Administrative Cost (26,200)
Transfer (21,900)
Debt Service .- (354,800)
Depreciation (51,000)
Adjusted Expenditures $ 951,400
Adjusted Net Operating Income $ 456,800
.
-10-
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # qG - MEETING OF NOVEMBER 27, 1990
APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND
COMMITTEE:
DATE: November 19, 1990
This item involves the appointment of a member to fill the vacant
position created by the resignation of William Plum on the
General Employees Retirement Committee.
The accompanying backup information provides the names and
resumes of individuals who have asked to be considered for
appointment to the General Employees Retirement Fund Committee.
Based upon the rotation system, the appointment is to be made by
Seat #3 (Mr. Andrews).
Recommend appointment of a member to fill the vacant position
created by the resignation of William Plum on the General
Employees Retirement Fund Committee.
.
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Susan O'Brien, Acting City Clerk
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND COMMITTEE
DATE: November 14, 1990
With the resignation of William Plum, there is a vacancy on the General
Employees Retirement Fund Committee. The members are appointed by the
City Commission.
Under Article VI, "Administration", Section 6.1, the requirements for
membership state the following, "Where the retirement committee .consists
of one or more individuals, each member may, but need not, be an
official or employee of the City, and each such member, or the
corporate trustee selected to act as the retirement committee, shall be
appointed by the City Council of Delray Beach to serve until his (or
its) successor shall be appointed in like manner."
The following persons have submitted their names for consideration:
Horace J. Waldman, (Mr. Waldman has also applied to the alternate
position on the Board of Adjustment) and I. Paul Friedman, Ph.D.
In order to return to the rotation system of appointments adopted by
the City Commission in March 1990, the appointment would be made by
Commissioner William Andrews, Seat #3.
fin. txt
_ c. "- "- (
....
6-a
ARTICLE VI
AmINISTRATION
Sec~ion 6.1- AtMINISTRATroN BY RETlREMEflT COl+iI'l'TEE
The plan will be administered by the Retirement Committee (herein
. referred to as the "retirement committee") appointed by the City Council of'
Delnsy Beach, cons1s~ing of (a) a chairman and at leaB~ one but not more ~han
four additional members, (b) a single :s.nd1~idual or (c) a corporate trustee.
Where 'the retiremen~ committee consists Qf one or more individuals, each member
may, but need not, be an of'ticial or employee of' the C1~y, and each such member,
or 'the corporate trustee selected to act 88 the retirement committee, shall be
appointed by the City Council o~ Delray Beach to serve until his (or its) successor
shall be appointed in like manner. Where the retirement committee is a corporate
trustee vhich at the same time is serving as trustee of' the plan, such corporate
~rus~ee shall function separately in its tvo capacities insofar as the plan and
,
trust are concernedj as the re~irement committee it may deal vith itself as
trustee and as trus~ee it may deal vith itself as the retirement committee, and
.
the recordS maintained by such corporate trustee for the purposes of' the plan
and trust shall shov clearly the capacity in vhich such corporate trustee is
acting in any ac~ion taken by it. An individual member of the retirement committee
may resign by delivering his written resignation to the City Council of Delray
Beach and to the other members of the retirement committee. A corporate trustee
serving as the retirement committee may resign from such_capacity by delivering =-,.'
its vritten resignation to the City Council. The City Council at Delray Beach
may remove an individual member of the retirement committee by so notifying the
member and other retirement committee members, if' any, in vr1ting and may remove
a corporate trustee serving as the retirement committee by so notifying such
.( o~ "- \. (
6-b
corporate trustee in vriting. Where the retirement committee consists of one or
more individuals, vacancies on the retirement committee shall be filled by action
of the City Council of Delray Beach.
Section 6.2 - OFFICERS AND EMPLOYEES OF RETIREMENT COMMITTEE
The retirement committee may appoint a secretary who may, but need
-
not, be a member of the retirement committee. The City Council shall employ such
agents, clerical and other services, legal counsel, accountants, and actuaries, as
may be required for the purpose of administering the plan.
Section 6.3 - ACTION BY RETIREMENT COMMI'ITEE
Where the retirement committee consists of one or more individuals,
a majority of the members of the retirement committee shall constitute a quorum
for the transaction of business and shall have fUll pover to act hereunder, and
any corporate trustee serving as the retirement committee shall have full pover to
act hereunder. Any vritten memorandum signed by the secretary or any member of
,
the retirement committee of one or more individuals who has been authorized to act
.
on behalf of the retirement committee shall have the same force and effect as a
-
formal resolution adopted in open meeting. Minutes of all meetings of the retire-
ment committee and a record of any action taken by the retirement committee shall
be kept 10 vritten form, and in the case of a retirement committee of individuals,
such record shall be kept by the secretary appointed by the retire~ent committee.
The retirement committee shall give to the trustee, anY order, direction, consent,
or advice, required under the terms of th~ trust agre~nt, and the trustee shall
be entitled to rely on any instrument delivered to it and signed by the secretary
or any authorized member of the retirement committee as evidencing the action of
the retirement committee.
~lhere the retirement committee consists of one or more individuals,
a member of the retirement committee may not vote or decide upon any matter
./
CITY OF DELRAY BEACH
1 I 0 0 BOARD MEMBER APPLICATION
. NAME f+o t- A e-L - J . W rfif!ff' A H
4-s1 s. -n+ A-v~ ~ 3JffS
~OME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENC
/YotfL
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE ifo1-)/} g -1' s1 V BUSINESS PHONE tI oHL-
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
~ ~OA.} C"5 P-> : teh~;~l\ fl)nd
(3e r,c t Q, \) D D fj ,td 6r
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS tJ J-Vf:-&L ~ D uA Tf- -
B.). IH ~SI}/D5 A.v )II/ NJ5'n-moN - /1A-J 0 f- I II
. ~UHT1l16- .
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD .
~F/f-Q P1JBw<:- ~vr-tTl<~-r<NEJ~/
GI E YOUR PRESENT, OR MOfT RECENT EMPLOYER, AND POSITION
r.)5+-~M CJH ~rJl1.f~rnJ/ !f~tJlSf.. P4~nf
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD A-t--H 0 5-r ~ '! f:-A fU 0 F-- PuB L-t c- b u HTIW ~
I H /'1 At! i Af-<=-fl- 5 0 f- I J{ D uhf-I !tf /t-PP 1"T./o rI
I uJ AS c:.-~ J ~ A H 0 F- 11I-f- Bv M-i) 0 F- /HJ.J U STf1 E";:'- ~
IN -P L-A 11-1 -t=; ~i-J) N ~ ~ -J E-/UE-J Fofl- 5 EJf:l-AL "/ f.-AL f
PLEASE' ATTACH A BRlltr'RES-{JME'.' /
II.ff1Lf- IS" r{ o-r !1 rJC-It- f;; {w5J
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE fu~D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
.~
. ()~ I /qqo
S ATURE DATE
4/90
f.JA ' / I //~/7U
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
.--r-' ([J d L- r:/Z ~ ,f;, 2> 111 A-;J @J;$. A- bt/1tc)
NAME y-;.
~
AJ,. VJ~ cr [lr'- ~ r - ~L L -- -:J 3 V V (-
"..- 1(.4
~Street. City, Zip Code) (LEGAL RESIDENCE
S~ M ~.s>~ c:2:.
PRINCIPAL BUSINESS ADDRESS (Street, City. Zip Code)
HOME PHONE ,? h..-17 ~ BUSINESS PHONE "<.4-w.- z< .
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
G~o/t!l14""l-- Gfhdt.c"J ~~ f)~~~_:v r:- rob
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) I~ L~~. It offtf,Td./'Jl.A,u.,..: r ~ru ~ /lY~;-- ~nt/M.;(7 <<.
'fft')~,j.,. 1..4I~" .v~,J".,';'7~t2. - ~~(.;',- /}trZ #"'4~-.... _ J-,~t;c, I~K-il-. 196-'1
fl . -4 b ,.., ~. r r .u-.er ...
IlJ.lJ-~/ II ~~ (.,L.;,~~ 0>(2 e'/1 "'-"7 ."..,..,. .,.. So .,o/t), I 'J-'1 - /.) L-L iJ <<.Prr , "~u.C-I't. ~
EDUCATIONAL QUALIFICATIONS. t.".IJ~A4.Jt-.(r;Jp/{,..'.5 I/P':-~ 8.B.4. ~ttlJh")~L. .l-4/~?
,...;... ~ I Psr; 7",-Cc..o r..- A-bn. \
~ '-/V.4 r;o__~ j)/nl!e~ lie j./.4r;17..-,tU- ~sPc_ IP;" ~;rI"1~ - /1/...,..4.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
f OJ. ~ <I .......,- J- .'. ~,>. ~~..t.4'Ayr .-&f">--/~;'l, - b.u.IJ~ _t-..r..Pr,f->'t;-r&--~.,~
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION {fl.,c.. (( it ec./ .
-:r,)L 4-c.. ~ <-.1-;).... P--~ (1 Q~.L pet,";;- /!p. c r ~./.....;- -.-- e" s/ ~,,- 4"':"'/
fln-}I.-. '" ~~r
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ~//"I..p;Z"Te? 114 /I.v.+-4~~ .rr~ .u~"- A-J~- ~~r r....-G..:? L~/i/(;. Il1.I/ vAt<A.,./
~.r~L44L4 .
/h').J..~ T PA<./'#!-15.oA- Pr A./s. .4--0~. a;;-~:> - ft1/J-{o/l
Ul'-t;"~ot..->~"-I"'f-:> to ~r-/2._1 TV A~ ,. ,:;;;L~c:,_7'0;;,,~ ~
{/ ,IWll-~ IF" '. . '"t L.. ~ ~ G ')</c.-T~-r;.-... p... 1')"'.... ~#!-e~- - __/l,'/I'A
(r./."",? - ;::,j).v,- il..7~#.,y--~-;:;.Jr~ 11JC:)r~cA'~-5'uv-_-"Pc':"c61'-6'';:'~
PLEASE ATTACH A BRIEF RESUME. (f{l~v.?J) /lzr.,;~ zwz.,... h ~L IJv I)~~ ~
fH Itl J..' A- ,,... -C ~rL ,'1 ~ ~ I;>.-r & J?4.J rr.L-<- I j;-.fr?..)
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTAT T OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITU UPON PART OF ANY APPOINTMENT I MAY RECEIVE.
~ II /Iu/ 7<,)
SIGNATURE DATE
/ t r '-~ ;J--r"r ~ ~ -7 "
~ 8/l.d L r1" L-
4/90
l ~
f
..' I
..
. ~
- - ~
)
t f
. .:.
~
MEET OUR MODERATOR FOR THESE SEMINARS:
I. PAUL FRIEDMAN
Or. Friedman and his wife Edith, formerly of the N. Y./N.J. area, have
recently become residents of Palm Beach County. For many years, his -
work involved being a Corporate Financial Executive. Management
Consultant. Author. Professor and Lecturer at leading Universities,
business organizations and conferences. These included 51. John's
Univ., Fairleigh Dickinson Univ., California State Polytech, Stevens
Institute of Technology and Rutgers; and at the American Management .
Association, National Association of Accountants (N.A.A.) and various ^
other societies. These seminars and courses were based on practical
experiences and research and conducted on a year-round basis for
almost 20 years. His )Jook, published by Prentice-Hall "COST
CONTROLS AND PROFIT IMPROVEMENT THROUGH PRODUCT
ANALYSIS" in 1966. is considered an original and significant
contribution to Industrial Management and Accounting. ' }
1
"
A recent retiree from the Ideal Toy Corporation of NY 8< N.J. where
he was a corporate financial director responsible for Profit Planning and
Product Evaluations. Company Acquisition Studies. Marketing
Strategies, involved in Pricing. Design and production and Inventory ~
Control. His previous positions as controller and cost reduction
coordinator were with Lighto/ier Corporation, Temple Radio and
National Silver Corporations. He is an independent Management
Consultant. National Director and past president of the Jersey City W
chapter of the N.A.A., member ofthe American Association of University
Professors.
CIJ ..
A graduate of St. John's University B.B.A. - he continued his studies .
, at the City College of N.Y. and the 'nternationallnstitute for Advanced
Studies where he receiveU his Ph.D. in Business Administration. His
biographical sketch will be included in the forthcoming 22nd edition
-i (1981-21 of "Who's Who in Finance 8< Industry" published by Marquis
Publications. It- ~(~ ",...,'-" Lv;l Q I.,,) IN e... t: ;
Wll~trh d I~ ~-r.tr <I ? Or I.-~~ ,-;.- ...vi of
I (J "15'~ - ~}!.l-y-ri) a program
. .
j seminars In
cost reduction
division of specia I studies
PALM BEACH ATLANTIC COLLEGE
Palm Beach
Atla ntic College
hO ~. -....-:.-~. f --.
_~~Z"-
.,
!
.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ff111
SUBJECT: AGENDA ITEM # 9 rt- MEETING OF NOVEMBER 27, 1990
APPOINTMENT TO THE BOARD OF ADJUSTMENT:
DATE: November 19, 1990
This item involves the appointment of an alternate member to fill
the unexpired term of Robert Moore, who was appointed as a
regular member, to a term ending August 31, 1991.
The accompanying backup information provides the names and
resumes of individuals who have asked to be considered for
appointment to the Board of Adjustment.
Based upon the rotation system, the appointment is to be made by
Seat #4 (Mr. Randolph).
Recommend appointment of an alternate member to fill the unexpir-
ed term of Robert Moore on the Board of Adjustment to a term
ending August 31, 1991. ,
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Susan O'Brien, Acting City Clerk
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENT OF AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT
DATE: November 14, 1990
Robert Moore was appointed as a regular member to the Board of
Adjustment creating a vacancy for an alternate member for a term ending
8/31/91.
The following persons who have submitted their names and resumes for
consideration are as follows: John G. Baccari (currently serving as a
member of the Board of Construction Appeals), Scott Bechtle, Mark
David, Richard Eckerle, Marc Shepard, Sidney Soloway and Horace Waldman
(Mr. Waldman has also applied for membership to the General Employees
Retirement Fund Committee.
The Board shall consist of five (5) regular members and two (2)
alternates.
In order to qualify for membership, "A member shall either be a
resident of or own property in the City and/or own a business within
the City. Additional qualifications may be established for individual
boards." (This board has no additional qualifications.)
Based u~on the rotation system adopted by the City Commission in March
of 1990, the appointment would be made by Commissioner David Randolph,
Seat #4.
nnboa.txt
,
/
/ CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME ~ c:;,. ~~
lQ!b -~,~ ~ ~
HOME ADDRESS (Str..t, City. Zip Code) (I.: AL RESIDENCE)
~ - N.FWOIItAa-
tiU)-f. ~~
PRINCIPAL BUSINESS ADDRESS (Street. City, Zip Code)
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED I~ SERVING C.A.e ') 10 ~ ..tN~.
~<<p CP QI"',~ ~~. <1?C8 ..~ 1ft..". 11).
~""'I"" ANO a:.a~ ~Ot
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) 8a:A~N ~ ~,A,.. ., OF ~~
EDUCATIONAL QUALIFICATIONS ~~ NV ~ t!I= .""l:a rl~
U. '" it. I
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
RINa. A*;MtTIICT , ..J_~ ~t 1-lC. ",,,,,e ~~.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
ALP · ""A.o1eD
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD IN S4Jnt pI\.. A~ m ~
~"w.a ~"~ .dJl.a. ~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRU E . AJ.'iD I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMEN~ I MAY ~ECEIVE. . ~~~
0 il~/1() /:JI})_ Jy::l1"~GUd Jfi^. 0.
~ ~,I~4fO
DATE 4/90
,
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME 8ECH.~-
'~44-~
HOME PHONE 4#Cf - q tf 83 BUSINESS PHONE ZA~- /qw;4
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING AI? A< H ~1~
,4J../~/ 04>E, ~./). C,; . J--;~;-~ ' / BOQr d. o-f' A-dj lJ st ~e I'\-t
.'
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
/
./f/QAI~
EDUCATIONAL QUALIFICATIONS .46- Aac..r~ .
Al6J ~ - h..v'.....~
-
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
-
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION A~~rl' ~Jt..c.. -PC.
l~~CL-f)~#J ~~hlrW."94... ~ - rAph, r P~v'lllt/
, ,
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD - ~ ~
6C~~ r--'./ "'1""M.-1~~- dn./ ~. f'!.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE J AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RE~EIVE~
- " 11/&/90 .AJIX1.1 .
~(&d Q~ z;",/~()
SIGNA ./ DATE ~
4/90
'..'i. . .
.
.
key t.ctor studie. .nd St.tement of Work (SOW) adherance to re-
quir...nt.. Responsibilitie. include .11 account ins and tax
r.port pr.par.tion, contr.ct proposal .nhance..nt, aDd over.ll
corporat. a~n1str.tiou. This was . one year cOU8ultant
.ar....nt contract with. prior eaployer.
--
CINEMA 'H' DRAlTBOUSE, INC.
Jacksonville, Florida 32211
June Position: President
1981 Oper.ted one of the most profitable movie theatre/restaurant
to coabination franchise operations n.tionally. Respon.ible for all
Septeuer profit and los. .ccount.bility. str.tegic planning and adainistr.-
1985 tive oper.tioaa. A truly unique .nd often copied cODcept, expansion
w.. underway 1D both the Northeast .nd Florida market.. All interesta
r.linqui.hed October 1, 1985.
THE CBARTIl COHPAIIY
CHARTIl SECURITY LIFE, Charter Insurance Group, Inc.
Jacksonville, Florid. 32202
October Position: Vice President/Director of Fin.nce and ludseting
1980 Responsible for all financial reporting aspects of the holding
to company directly supervising full control of nine subsidiaries
March including Charter Security Life Insurance Co. Was instrumental
1982 in profitability studies relating to new product development.
as well as the corporate budgeting process culmin.ting with
the Annual Plan. Was a keynote contributor in the ye.r end
planning and presentation of Board of Directors reports.
Administered monthly financial report presentations of all
subsidiaries .nd provided executive management studies. Fre-
quently undertook special projects including quarterly operational
reviews and manageaent reports systems (KRS). Participated
actively in aggressive acquisition procurements. Demonstrated.
strong technical proficiency in a "take charge" environment while
adhering to a rigidly structured schedule.
THE PLANNING RESEARCH CORPORATION. Ft. Monmouth. New Jersey and
McLean. Virginia
March Position: Configuration Management Administrator
1979 Responsible for Planning and Contract Support fo~ the Joint
to Interface Task lorce Commander of the Joint Interoperability of
October Tactical C~d and Control Systems (JITF-JINTACCS). Provided
1980 over.ll direction for planning test conduct. and measurement
- evaluation for achievement of Compatibility and Interoperability
of the Military Services in a tactical environment. Supervised
automation for monitoring and reporting of test compliance. results
and subsequent recommendations to the Department of Defense (000) and
various National Security Agencies as to test effectiveness.
Additionally restructured and implemented a fully automated financial
reporting system for contract adherence which was subsequently adopted
by the Defense Contract Audit Agency (OCAA). Maintained an extensive
client interface as direct liaison with the Joint Service Office.
Nature of work was sensitive to National security and held a security
u . level at or above TOP SECRET.
CITY OF DELRAY BEACH W ' r /,;'/ /qu
BOARD MEMBER APPLICAtION
. .
NAME l--\ ~~ \< !:>A\J \ D
\, 0 ~ '"t:>OVe.R. ~ b ~'08 A bE.\. to"'C '11.>> -'t- 4o;
HOME ADDRESS {Street, City. Zip Code) (LEGAL RESIDENCE)
Cl'-" ~~L.'- .$0 %lUE.. ~t.Q.O~ ~\..~lL.....-O-\\J\E.A.~ QC.~
PRINCIPAL BUSINESS ADDRESS ,Street, Cicy, Zip Code)
HOME PHONE . 4~ ~ -4'1 '32- BUSINESS PHONE ~ 4- 5 -4 0" 0
ON WHAt BOARDS ARE YOU INTERESTED I~ SERVING
~O A Q..!) 0 ;... ~ "D~I\J ~1' ~-r
~\ \'E- ."-~W Q.!"'J' ~~ *- ~"ePt t..fl\o\Jc..~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENtLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
~OPt-Q.\:) o~ ~b7'\J~-rt'\~~"" 4 'fe.~ilS.
EDUCAtIONAL QUALIFICAtIONS ~~~'"t" E ~~ C. \. "T~ ~'- *'~ ~ \ \.1 ~
~hc.~.L-OQ. ~lc.,-, ,""'("EC:Tu a.~
LIS! ANY RELATED PROFESSIONAL CERTIFICATIONS ~~D LICENSES WHICH YOU HOLD
~\~p - ~...~ ~fJ~~'---~ ~ .{ C~ P~.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, ~~D POSITION
(..'~'1 .~ Q.\'J\E.t.1iIlt &~~ - ~e.~\.OQ.. ~A~~e.(a.
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SER~E O~ THIS
BOARD /
9 FL 0;' Eo ~ ~ \ ow ~'- c.. \'T '( P UlrW ~ e ~ b..Q.c. tt \ .,...e.c...r
(
~e.Il\C.T\'E. ~LL ~ Ilrc.€."T" ~ & 1=. e.\,~", ~c...~ ~ ~ t \oJ ~)
S\~E. ~~'L-Q..e\J\E"" 4- ccn....f-\u~ \,~..., ~.J)E.~Q.t\~c...
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRCE. A~D I AGREE ~~D
UNDERStAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAI~ED I~ THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ~~Y APPOINTME~T I ~Y RECEIVE.
~ 'P.%-....:..t \ ! ~ q 0
SIGNATURE DATE
4/90
CITY OF DELRAY BEACH ~ . ? /d3lla
BOARD MEMBER APPLICATION
NAME Richard L. Eckerle
382 S.W. 27th Avenue, Delray Beach, FL 33445
HOME ADDRESS (~treet, City, Zip Code) (LEGAL RESIDENCE)
retired
PRINCIPAL BUSINESS ADDRESS (Screec, Cicy, Zip Code)
HOME PHONE 278-2328 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED I~ SERVING
,
Site plan review board Ce:/j ,/ PJoarc\ M' Ad00:rtmt'W\.'\
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOl:SLY
SERVED (Please include dates)
CAB, alternate member from 11-17-87 to 7-25-89; regular member 7-25-89 to 8-25-91
EDUCATIONAL QUALIFICATIONS
George Washington Iniversity, Business Administration 4 years - 1951
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS &~D LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, &~D POSITION
W.R. Bonsai Co. (cement products) 1951-1984, sales and marketing director
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
With Bonsal company, I was responsible for promoting their
products to distributors, general contractors, architects and engineers; served
on Community Appearance Board from November 17, 1989 until current time
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TReE, A~D lAGREE A..'-;D
UNDERSTAND THAT &~Y MISSTATEMENT OF MATERIAL FACTS CONTAINED I~ THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I ~Y RECEIVE.
fi'Jo.AJ f. ~~ ~<.J J-~ /9'/0
SIGNATURE DATE J
4/90
f
Education:
CoUege: University of Cincinnati 1939-1940
George Washington University 1938-1939
George Washington University 1947-1951
plus special seminars on cement speciality
products and finishes over 33 years. I was
with W.R. Bonsal Co.
Military:
U.S. Army - Counter Intelligence Corp
1942-1945
Professional Experience:
Family business until November 1946. at which
time I returned to college to finish my ed-
ucation
Sales and marketing to the construction
industry with W.R. Bonsal 1951-1984;
Bonsal Co. (1) mines sand and gravel
(2) manufactures cement speciality
products such as tile cements and grouts.
stucco finishes. waterproofing cements.
asphalt mixes. bonding mixes for cements.
concrete mixes. etc.
Community Involvement:
Lived in South Florida since 1955
1. Served on Town Council. Hollywood Ridge
Farms. Broward County for 4 years (now part
of Pembroke Park)
2. Vice-President of Ives Estates Civic
Association. Dade County
3. Elected to Broward County Committee
(Rep.) 4 years
4. Elected to Dade County Committee (Rep.)
and served as Chairman of membership committee
until I moved to Delray Beach in 1979.
5. Served on Palm Beach Republican County
Committee 2 years
(Continued. next page)
(
(6) In the Wood lake Community, member of Board
of Directors of Homeowners Association, 4 years;
President 1 year
(7) Current President of Men's Club, last 2 years
(8) Member of PROD (Progressive Residents of
Delray) since the group was organized, currently
Vice President
(9) In Broward County, served 2 years on Committee
of Quality Education, appointed by the School
Board to study their total education system, committee
made up of 6S community leaders from geographic areas
(10) Served on Visions 2000 Committee and worked with
Decade of Excellence Bond Promotion
I have enjoyed being a member of the Community Appearance Board the
past 3 years (I have missed only 1 meeting in the past 2 years - I
took a vacation).
I visit and study all location on the agenda before the meetings.
I also attend City Commission meetings, which keep me informed of the
policies and wishes of the City Commission.
, .
CITY OF DELHAt BEACH · C\O
BOiRD MEMBER APPLICATION ~ q-
rn Q~c. S-ke,.,.rJ ;l." ~
NAME
~ LJ-~ 0 .J""-N;pet^ Or< Ve. I Oel~i ~ch, 33 4-4-S-
BOME STHEET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
saMe
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
Jtt.~ -<r1'f1 S~~
HOME PHONE BUSINESS PHONE
ON WBlt BOIRDS AR~ rou INTEREST~ IN SER'~N~ ~ ~~~~
~ 1 ~lJCa:tl(~h J C A-Q ( 0 A I C
LIST ALL CITY BOARDS ON WHICH tou ARE CURRENTLt SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) NoN(fL
QUALIFICATIONS ~c~e, br "f GnrT:
.1"(! ver...(
.J LIST ANt RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
NdII~
AND POSITION .tel", 8a:J.. C~/
r
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CADSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. ji/t; , #i)i~ ~
i~,<- ~ /~J 1/ '/ U -.-(/r j,"\
01 .. 7- 10
SIG TURE DATE
,,-
CITY OF DELRAt BEACH
- BOARD MEMBER APPLICATION
Sld,^~'"t S. s 0 It)w~_
NAME
-1..B.:.~S' ]\\.1.0. \~ c:.i-. Cl>'o~ 'Det~"b~ 1>~lt'lr -
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESI NCE)
- N~Ntr --
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
------- --
~~- lil~ -SaAIA....
HOME PHONE BUSINESS PHONE
ON WHA~RDS ARE YOU 11ERE~ED ft~l~RVlctG ~Q.lI\.~~"" c;A,.~ ~~~L"1--
~- ""?)l''' eLl> ('J _ ~ .-€
YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
~ \"'~(!~~~llt:-~~ _0=--" :
-- --
EDUCATIONAL QUALIFICATIONS ')...!1rJ. ~~ ---
- - --- --
- - ----_.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
_____~~IvI_w -
------ ---
GIVE YOUR PRESE~Tt ~ MOST RECENT EMPLOYER, AND POSITION
~~_e.~~~ _
-
DESCRIBE EXPERIENCES t SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. ~ 1~ 0,," Uo,.v\'''~'1 t"" )..o.,.,~~ ~o~.
--- --
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. i ..~ /9 J $I.!) J
~~ 1/ / oJ J/r.1J"JA.
-- __~Jy~_________
DATE
/"
CITY OF DELRAY BEACH
I I.. BOARD MEMBER APPLICATION
. NAME M1?f!-.p.~ - J. W~-Ar'/
4-11 S.W-vf-nt- Ikk X ~ 3Jl/-.f-S
~OME ADDRESS fStreet, Cicy, Zip Code) (LEGAL RESIDENCE)
/Y 0 tlL
PRINCIPAL BUSINESS ADDRESS (Street, Cicy, Zip Code)
HOM! PHONE Lfo1- '0 g -1' s1 V Bl.:SINESS PHONE tI ot-lL
ON WHAT BOARDS ARE YOU I~TERESTED r~ SERVING
. ~OA. C'S l?> : ~e/J~I;Jl\ +l.:nd
(3ev"t'ra.\ ~ . td 6r
, I
LIST ALL CITY BOARDS ON WHICH YOU ARE CCRRENTLY SERVING OR HAVE PREVIOCSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS tJ ~~ C-t.A D vA --n=- -
B.). /H &.fIJ/ESJ A-v ~I H})~oH - J1A..J IJ I-. I tI
. ~VNT7t16- .
LIST ANY RELATEDrfROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD .
~ F 1 e.O r Ii Bu c.... bur-fTl!< Il-r <. t.f f::. J -rii.;"li
GI E YOUR PRESENT, OR MOrT RECENT EMPLOYER. &~D POSITION
(5 ~M ~H LJrJl1./~mJl t!~ fA~-rn
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE O~ THIS
BOARD *-,4 051 ~ '! f:-A t2-.S 0 F- P rJ B We- A-uo r) f'fTn./.~
IN MA"'i ~s oF- IHDUfT1-{ /,f ~f)"TTi)r/
I LJ.5 c:-4-A, ~ A M 0 F- ~ Bv A-iD 0 F- !tD u STf-1 EJ-I-r----
PLEAS J tJ.TTACH I ~11f-tf stMf E..JV ~ -J f:-/l....S Ef ~ f-Jr=.;LAL f-A L f
~~ 15" i{ a-r !1 Uc..ft- r-;; f{..pJJ
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRCE, A~D 1 AGRE .~"D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAI~ED I~ THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ~~y APPOINTMENT I MAY RECEIVE.
-~
O~ I /qC{o
S ATURE DATE
4/90
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # <1 r. - MEETING OF NOVEMBER 27, 1990
APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
DATE: November 19, 1990
This item involves the appointment of two alternate members to
the Code Enforcement Board. The General Contractor's position
will be for a term ending January 14, 1992. The Subcontractor's
position is due to expire on January 14, 1991. The City
Attorney's office has presented three options with respect to
this situation and suggest that the Commission make an appoint-
ment for the remainder of the term and at the same time make an
appointment for the term running from January 14, 1991 to January
14, 1993.
The accompanying backup information provides the names and
resumes of individuals who have asked to be considered for
appointment to the Code Enforcement Board.
Based upon the rotation system, the appointment of an alternate
to the General Contractor's position is to be made by Seat *5
(Mayor Lynch) and the appointment of an alternate to the Sub-
contractor's position is to be made by Seat *1 (Mr. Mouw).
Recommend appointment of two alternate members to the Code
Enforcement Board.
EITY DF DELIAY HEAEM
CITY .""'ORNEY'S OFFICE 310 S.E. Ist STREET, SUITE 4 · DELRAY BEACH, FLORIDA 33483
HI I 407/243-7090. TELECOPIER407/278-4755
NEMORANDUM
Date: November 21, 1990
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Appointment to Code Enforcement Board
On your agenda for November 27, 1990 is the appointment of an
alternate to the Code Enforcement Board. The position has been
vacant for some time and is due to expire on January 14, 1991.
There has been some concern over the apparent futility in
appointing someone for such a short term and then having to go
through another appointment process so soon. The conunission
has the following options with respect to this situation.
1. Appoint a person to fill the vacancy until the
expiration of the term on January l4, 1991, and then
at some future date reappoint or appoint another
person to a term beginning January 14, 1991 and
ending January 14, 1993.
2. Leave the vacancy for the unexpired term and appoint
a person to fill the position with the term beginning
on January 14, 1991 and expiring January 14, 1993.
3. Make an appointment for the remainder of the term and
at the same time make an appointment for the term
running from January 14, 1991 to January 14, 1993.
Our office would suggest that the Commission proceed with the
third option and avoid putting a reappointment on an upcoming
agenda. Should you have any questions concerning this matter,
please do not hesitate to contact our office.
J~)8H-
cc: David Harden, City Manager
Alison MacGregor Hart>y, City Clerk
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Susan O'Brien, Acting City Clerk
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENTS TO THE CODE ENFORCEMENT BOARD
DATE: November 14, 1990
Four (4) vacancies exist for alternate members on the Code Enforcement
Board. Applications have been received for General Contractor,
alternate, and for a Subcontractor.
According to the Code, 37.15, "The Code Enforcement Board shall be
composed of seven regular members, along with seven alternate members,
appointed by the City Commission. Appointments to both regular and
alternate member positions shall be on the basis of experience or
interest in the fields of zoning and building control. The regular and
alternate membership of the Board shall, whenever possible, include an
architect, a business person, an engineer, a general contractor, a
subcontractor, and a realtor." In addition, "The general contractor
and the subcontractor shall possess a valid certificate of competency
and occupation license recognized and accepted under the laws of the
state and the ordinances of the city regulating the business of
contracting, and where required, state registration as a contractor, or
shall possess similar qualifications under the laws of other states, or
shall have actual experience deemed by the Commission to be equivalent
to a certification." Also, "Each regular and alternate members of the
Code Enforcement Board shall be a resident of the City."
Those persons who have expressed an interest in being considered for
the alternate position of contractor are Dominick Sarlo and William
Stone. Resumes are attached for your review and consideration. Based
upon the rotation system adopted by the City Commission, the
appointment would be made by Mayor Thomas Lynch, Seat #5.
Fred Griffin, a certified builder, has expressed an interest in being
considered for the alternate position of subcontractor. His resume is
attached for your consideration and review. Based upon the rotation
system adopted by the City Commission, the appointment would be made by
Armand Mouw, Seat #1.
Attempts are underway to recruit interested persons for the alternate
positions of engineer and architect.
cebmy.txt
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Dominick Sarlo
3335 La~eshore Drive. Deerfield Beach. FL 33442
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
2115 S. Ocean Blvd.. Delrav Beach, FL 33444
PRI~CIPAL BUSINESS ADDRESS ~Street, Cicy, Zip Code)
HOME PHONE (305) 428-0337 3t:SINESS PHONE (407) 274-0830
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Construction Board of Appeals 1/ ~-tP 0'
LIST ALL CITY BOARDS ON WHICH YOU ARE Ct:RRENTLY SERVING OR HAVE PREVIOCSL Y
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS ~~D LICENSES WHICH YOU HOLD
State of Florida General Contractor Since 1980
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. fu~D POSITION
Spirit Development Corp. President, Secretary & Treasurer
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
Have been in the Construction & Development Business for 12 years;
involved in all aspects of the Business for an additional 3 years.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TReE, AND I AGRE ,-\,.\;O
UNDERSTAND THAT ANY MISSTATEMENT OF XATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
..~ /','.... I /. --//) ,
. . // ./~ . ,>
~~~~ __.k, /:
' / /) '" l ,-'" I
, . .~ '- ../
- SIGNATURE / DATE
4/90
I
DOMINICK C. SARLO
FLORIDA LICENSED GENERAL CONTRACTOR
License lOGe 016708 - Since 1980
EXPERIENCE: Development, Site Work and Design Planner;
Project Manager; Construction Superintendent; General Sales
Coordinator; custoa Hoae Des~qner.
PRESIDBN"l' 1988-present
Spirit Development Corp.
Boca Raton, FL
VICE-PRESIDENT/PROJECT MANAGER 1986-1981
Five star Hoaes,
General Develop.ent
Miaai, FL
General Contractor and sole qualifier for starLigbt cove, a
350 hOlle, single faaily cOaDunity. Responsible for all
financinq, development and construction. Closed 102 units 1n
12 aontbs.
VICE-PRBSIDENT 1985-1986
Weitzer Coaaunities
Kendall, Florida
Director of all develop.ent and cODstructioD for: 450
concrete form villas at Moon Lake; 324 single faaily hoaes at
River Run; 434 zero lot line hoaes at BDcore; 264 custoa
homes at PaDache.
CUS'l'OM HOMB, DESIGNER/BUILDER 1980-1985
Boca woods country Club
Boca Raton, Plorida
Designed exterior and interior of over 30 custo. homes in the
$275,000 - $400,000 price range; constructed saae for
individual buyers; controlled all contracts and financing for
buyers; supervised construction.
CUSTOM HOME, DESIGNER/BUILDER 1982-1984
Wellington
West Palm Beach, Florida
Developej, supervised and controlled all site work and
construction of 93 Patio Homes and ToWDhoaes in the $95,000-
$$110,000 price range; controlled all contracts for sub-
, - contractors and buyers.
VICB PRESIDENT/COORDINATOR 1982-1984
Boca Raton, Florida
Controlled/owned 30% interest of a 40,000 square foot office
I
-
building and a 24,000 square foot strip store center.
CUSTOM HOME, DESIGNER/BUILDER 1979-1982
waterside and Parkside Developaents
Boca Raton, Florida
Constr~cted and assisted in design and planning for all of
the amenities, sales models, offices and recreation
buildings; assisted developer in overall project planning,
site work and unit design.
CUSTOM HOMB, DESIGNER/BUILDER 1979-1982
Boca Del Mar Country Club and
Tropic Isle Developments
Delray Beach, Florida
Designed and constructed 30 hoaes and duplexes.
OWNER/BUILDBR 1914-1919
Clear Pool Coapany
Boca Raton, Florida
owner/Builder of swimming pools, as well as aa1ntenance ~d
operation of same for individual boaes and coaaercial
establisHents.
PROJECT MANAGER 1969-191.
Four Seasons
Franklin Park, Illinois
On site improvements; oversaw all construction and scheduling
for both co..ercial projects and custoa boaes.
PRIOR EXPERIENCE: Employed in various phases of the building
industry in the chicago area.
Overall: union journeyman carpenter. Supervisor of works
for major office building construction. Marketing prograas
for development home sales. Condominium develop.ent and
sales. Job cost1ng, scheduling and overall construction,
financing and customer relations.
, .
~---_. .~ ty-/O 122)'10
CITY OF DELRAY BEACH
BOARD ~EMBER APPLICATION
NAME ~ l(; IJ"Z.-
{ Z~, L- C S-;"'kl... ~P(. 3 3tf'l f
HOME ADDRESS (Street, Ci y, Zip DENCE)
t.f~"( 5tuf1t~; f 61 if d tlJf 6 F( . 33'fts-
PRINCIPAL BUSINESS ADDRESS (Street, Cicy, Zip Code)
HOME PHONE ~5-(/g$ BUSINESS PHONE 2?(' -I 'f '13
ON WHAT BOARDS ARE YOU INTERESTED I~ SERVING . b~ tJ~ Att~
LIST ALL CITY BOARDS ON WHICH YOU ARE CrRRENTLY SERVING OR HAVE PREVIOeSLY
SERVED (Please include dates)
/ U/ IT-
EDUCATIONAL QUALIFICATIONS A.s. Itrr - {t'42<dA sr~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
CIrC 6tf~ l.f 5L\
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, ~~D POSITION
JkW... ~~~W-NT +- &.tvSfl . ftzzg.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ~~ ~dc/l.. ~-r 30~' l/ldf~ att;
~7d\1'-1..
~~P1.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TReE, A~D I AGREE A.\D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED I~ THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
vJ~ lolzz.l~o
SIGNATURE DATE
4/90
. J I~qv
.
q~
CITY OF DELRAY BEACH ~
BOARD MEMBER APPLICATION
NAME Free L. Griffin
3912 S. Ocean Blvd. #110 Hiqhland Beach, Florida 33487
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
P. O. Box 1269 Delray Beach, Florida 33447
PRI~CIPAL BUSI~ESS ADDRESS (Street, City, Zip Code)
HOME PHONE 272-2073 BUSINESS PHONE 272-3352
ON WHAT BOARDS ARE YOU I~TERESTED IN SERVr~G
Board of Construction Appeals ( C E- eJ
-
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOCSL Y
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS University of Cincinnati - Economics & Accounting
Carl Matthews Florida Construction School
Various classes sponsered by NAHB
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Florida Certified Builders License - CBC021018
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. ~~o POSITION
President, Fred L. Griffin Construction
Asst. V.P. Barlow Homes. Inc.-South Florida/ Pres. Bird & Griffin Builders
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE O~ THIS
BOARD
23 Years Buildina Experience in sinale family. liqht industrial,
duplexes. and 4-plexes.
PLEASE ATTACH A BRIEF RESUME.
r HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TReE, A:;D I AGREE ,';"\;0
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAI~ED I~ InIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF A~Y APPOI~TME~T I MAY RECEIVE.
1/ '1/9'0
I DATE
4/90
. I
FRED L. GRIFFIN
3912 S. Ocean Blvd. #110
Highland Beach, Florida 33487
D.O.B. 8-23-37
SSg 404-50-7965
EXPERIENCE
Twenty three (23) years experience in single family, light industrial, duplexes,
and 4-plexes.
Five (5) years coordinating costs projections for joint-ventures in U.S. Government
military housing.
Real Estate Brokers License (currently in escrow in Kentucky).
Kentucky Fire and Casualty Insurance License.
Florida Certified Builders License.
Maintained lowest HOW rating available in Lexington, Kentucky.
Maintained highest HUD rating available from Louisville, Kentucky office.
EOUCATION
University of Cincinnati - Economics and Accounting.
Carl Matthews Florida Construction School.
Weyerhauser Critical Path Method - Cleveland, Ohio.
Joint ventures in Syndication - Tampa, Florida
Marketing, Mgmt. Construction courses sponsered by NAHB.
ACCREDITS
President, Fred L. Griffin Construction.
President, Bird & Griffin Builders.
Asst. V.P., Barlow Homes, Inc.
President, HBA Lexington, 1985.
President, Home Builders Insurance Limited 1981-1984.
President, Home Builders of Lexington Scholarship Foundation 1981-1982.
Builder of the Year - Lexington HBA 1982.
Charter Member, Past President of HOW in Lexington, Kentucky.
Member, Kentucky HBA Board of Directors - 8 Years.
Member, Lexington HBA Board of Directors - 17 Years.
Member, Lexington HBA - 20 Years.
Member, NAHB Board of Directors - 7 Years.
Member, Life Spike.
Member, FABA - since 1989.
Member, (Alternate) FABA Board 1990.
Member, FABA - Board of Directors for 1991.
Member, Boynton Beach Kawanis - 1990.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER I1J1
SUBJECT: AGENDA ITEM # Cf::r - MEETING OF NOVEMBER 27, 1990
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
DATE: November 19, 1990
This item involves the appointment of a member to the Community
Redevelopment Agency, to fill the unexpired term of Armand Mouw,
who was recently appointed to the City Commission, to a term
ending July 9, 1991.
The accompanying backup information provides the names and
resumes of individuals who have asked to be considered for
appointment to the Community Redevelopment Agency.
Based upon the rotation system, the appointment is to be made by
Seat #1 (Mr. Mouw).
Recommend appointment of a member to fill the unexpired term of
Mr. Armand Mouw on the Community Redevelopment Agency to a term
ending July 9, 1991.
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Susan O'Brien, Acting City Clerk
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENT OF MEMBER TO THE COMMUNITY REDEVELOPMENT AGENCY
DATE: November 16, 1990
With the appointment of Armand Mouw to the City Commission, a vacancy was
created to a term ending on July 9, 1991 for a member to the Community
Redevelopment Agency.
Chapter 170.01 (B)(2) states the following, "Any person may be appointed
as a Commissioner if he resides or is engaged in business, which means
owning a business, practicing a profession, or performing a service for
compensation; or serving as an officer or director of a corporation or
other business entity so engaged, within the area of operation of the
~gency, which shall be coterminous with the area of operation of the
city, and is otherwise eligible for such appointment".
The following persons are interested in being considered and have
submitted their resumes for review: J. Reeve Bright, Doyle Dudley,
Michael Manning, Richard Raab, and Deborah Wright.
Based upon the rotation system adopted by the City Commission on March of
1990, the appointment would be made by Commissioner Armand Mouw, Seat #1.
craa.txt
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME J. REEVE BRIGHT
700 SEA SAGE DRIVE, DELRAY BEACH, FLORIDA 33483
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
1 1 0 E. Atlantic Avenue, Suite 400, Delr.ay Beach, fl. 33444
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE (407) 278-1851 BUSINESS PHONE (407) 272-2526
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING CRA
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS Hobart College B.A. 1970
University of Miami J.D. 1981
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Palm Beach County Bar Association,
Member Florida Bar, Academy of Fl. Trial Lawyers
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Merkle, Bright & Sullivan, P.A. attorney/partner
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
One of my deep interests in life is real estate, its manage-
ment, development, ownrship and re-development. Accordingly,
I have both hands on and theoretical experience with the
problems the CRA faces
PLEASE ATTACH A BRIEF RESUME. #
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
/ 7/~ ~ /I/LV/YO
g'r~AT RE . DATE
4/90
J. REEVE BRIGHT
RESUME OF CIVIC INVOLVEMENT
CIVIC: Foundin~ member and current member of Kiwanis Club of
De1ray Beach, Sunrise
Distinguishe~ Past Presirlent of Fiwanis Club of
Delray Beach, Sunrise
Member of Vestry of St. Joseph's F.piscopa1 Church of
Boynton Beach from 1976 through 1888. While a vestry
member I served as Senior and Junior Warden on several
occassions
Currently attorney for St. Joseph's Episcopal Church
Member of Episcopal Diocese of South East Florida's
Property, Loan & Investment Committee for 6 years
POLITICAL: 1974-1976 Republican State Committeeman for Palm
Beach County
1974-1976 Director Republican Party of Florida
Currently Member of Executive Committee - Republican
Party of Palm Beach County
Attorney for Republican Party of Palm
Beach County
.
11/09/90 12.:40 'B'407 2.43 3'/'f 4 t. I 1 1/ VLLf,'" I I)\..ll. ~ -
CITY OF DELRAY BEACH
~D MEMBER~Ll~AILQH
Doyle D. Dudley ----,.-
---"-'-~"-----------------------------'-- - - - ....-....
NAME
1025 Sea Sage Drive, Delray Beach, FL 33483
- ......._'--- _ _______._______ _... "_4. _..___________
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
'!he William Lyon Corrpany, 7241 Jog Road, Lake Worth, FL 33467
--...---- ---...---------- - ... ..... ......... -.- ------------ .......-.---..-
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
--------......--------.-.---.------.-. _.- - -.-.--......------ - - - .. -, - ".. -....--.--------- --- - - - ---...............
(407) 272-5835 (407) 969-7822
----- -
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING CRA
-.---.----- -.- -----------------.... --_.-
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) None
- -
-- ---- -....--
---- ---- - - -.
EDUCA TIONAL QUALIFICATIONS ~ - Manaqenent, C. W. Post Center..L_wgg Island University
.--- ____~ - ChemistI:y -...11DiY~sity of Florida
--- - --_._---
LIST ANY RELATED PROFESSIONAL CERTIFIC~TIONS AND LICENSES WHICH YOU HOLD.
None -, --- .. -
-_._--- - --..------- - -...-
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
'!he William Lyon Co~~, Manager, Pa~_ Beach Cperations -
-
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. Manag~, Palm Beach ~ations , of Q.I2~U~f the l~qest builder / devel9Pe1;s in -
the Nation. RgS}'X>nsible for r~ato;ry approvals_and land develoPIrel1t. ~
President. Corcm.mi.ty Deve~t CDrmcil of Pi31m BeaC'..h_ ~ is an ~anization of sone of
the largest developers in the Cormty.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL ThE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF' MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I HAY
RECEIVE.
~Af. ~ J.;I. ~$(J
81 ATURE DATE
I
DOYLE D. DUDLEY
1025 Sea Sage Drive
Delray Beach, FL 33483
(407)272-5835
PERSONAL
Birthdate: June 3, 1944 Hobbies - tennis, running
Married, 2 sons Health - excellent
EDUCATION
MBA - Management, C. T.T Post C.;nter, Long Island University
.. .
BS - Chemistry, University of Florida
EXPERIENCE
The William Lyon CompanY - July, 1987 - Present
Manager, Palm Beach Operations, of one of the nation's
largest builder/developers. Responsible for land
acquisition, regulatory approvals, land development and
sales. Current project is Lake Charleston, a 925-acre,
2,375-unit Planned unit Development.
D. D. K. Enterprises. Inc. - March, 1986 - June, 1987
Vice President, Construction. Responsible for managing
design, construction and purchasing for a company that
develops and operates hotels.
Turner Construction Company - July, 1981 - March, 1986
Manager, Business Development - Florida; April, 1984 -
March, 1986. ;Responsible for marketing and sales, planning,
and contract negotiations in a region that encompassed the
state of Florida .' Turner is the nation's largest general
building contractor.
United states Marine Corps - 11 years. Highest rank - Major.
Most of the time was spent in leadership positions in
infantry units. The exceptions consisted of schools -
Ranger, Airborne, SCUBA, Vietnamese language - and 3 years
as the Marine Corps Representative and Course Director at
the U.S. Military Academy, West Point, NY. Vietnam Veteran.
References available upon request.
~
-- '''1
--- , ..
~..) 'l~
' ' -. ......J
CITY OF DELRAY BEACH \JUlY 2 tJ 1989
1~ff, BOARD MEMBER APPLICATION ,"j T
--'1"
~ ------
NAME
;(tJ..3 /lIw ~{'A. sr: P.&&'l~__~AC f/ R.&.
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
LIS- .s~ sY* Ave Z>b"U!A V ~/lCfI F~
. PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
._------
~?$-q7.32. ~7~ - /9'8'1
HOME PHONE BUSINESS PHONE
O~ WHAT B~S ~o.) INTERESTED IN SERVIN~ '""-- LZANAI /A1~. ~I'N I'N(f-
'()Jft,"IJ~ 6U)I'~M~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERV2 l{leaS~~de dates~ J1.~f'l~
eJ ~ ~C6A1 ~v=-
EDUCATIONAL QUALIFICATIONS <AW SCHIPe'L
---------------_._- -..--.---------.------
-.-.---------.-- ---- - --_.-
LIST ANY~~ED PROFES~~ CERTIFI~A1~S AND LICENSES W~ YOU HOLD.
--/'lh5Lfl ~~--- _~J.L>J9- ASYlCflJ-Ifj --------
-- --.---- ---
~~~EJi tilt1.~~JECENT EMPLOYER, AND PO~~~IO~=__=______
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHI CH QUALIFY YOU TO SERVE ON
THIS BOARD. "
~
. -
---_._._.-- ----_.- ._--_.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. 111~o : 7/q 0 AZ~JJ.- ,-j;r..1:b,tJ~~l<l_
aL.____.A: -----~-~~-----~-----
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Richard L. Raab
50 Palm Square, Delray Beach, FL 33483
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
Same as above
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 272-7280 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Community Redevelopment
Agency
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSL Y
SERVED (Please include dates)
.
EDUCATIONAL QUALIFICATIONS Seattle University - 2 years
Ohio State University - 2 years
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Florida State Real Estate License
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION President.
MTR Development CO.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
Developed 7.7 acres, ocean to Intracoastal. Built $1 million plus
single residences 1979-1982. Live in downtown De1ray Beach. Eager
to serve in the continued improvement of the entire downtown area.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~@? 11/20/90
SIGNATURE DATE
4/90
RESUHE
RICHARD L RAAB
To transfer my expertise in marketing and building
shelter into profit for my associates and myself.
50 PALM SQUARE, DELRAY BEACH,FLORIDA 33444
EXPERIENCE (305) 272 - 7280
June, 79 - present ~ l~ Development Co., Delray Beach, Fl. President, founder
and sole stockholder. Acquired 7.7 acres of ocean to Intracoastal property at
north end of Highland Beach through joint venture to develop and build 18 homes
(all priced over $1 million each) plus a 3-story amenities building with marina
and clay tennis courts. Refer to Ft. Lauderdale News Real Estate Editor Glenn
Hoffer's stories for edification.
Nov, 78 - June 79 Wesley Development Co., Delray Beach, Fl. Director of Sales
for 30 unit oceanfront condominium priced over $200,000 each. Refer to Ft.
Lauderdale News announcement.
May, 75 - June, 79 Ted Parker & Associates, Pompano Beach, Fl. Sales associate
in general real estate and condominium sales.
July, 72 - April, 75 ERA Advertising, Ft. Lauderdale, Fl. President of house
advertising agency for Lums franchise groups in Florida and other parts of nation.
ERA folded when Lums' owner, John Y. Brown, moved his headquarters from Miami to
Louisville, Ky. and I chose not to relocate.
Jan, 71 - June, 72 Vic Maitland & Associates, Ft. Lauderdale, Fl. Account Executive
primarily specializing in new buslness acquisitions. Supervised accounts I secured
and agency clients assigned to me. Last months spent traveling entire state of
Florida leasing syndicated advertising packages to banks, savings and loans and new
car dealers on an exclusive area basis.
Aug, 69 - Oct, 70 Marriott Inn, Columbis, Ohio Public Relations Director for new
170 unit motor inn with function rooms and restaurants with entertainment lounge.
1969 - 1970 KDI Instructional Systems, Columbus, Ohio National Advertising Mgr.
of new multi-media educational firm which was owned by KDI Corp., Cincinnati based
conglomerate that withdrew financial backing before full complement of new
educational products were produced.
1959 - 1969 Barcroft Advertising! Public Relations Agency, Columbus, Ohio
Executive Vice President and co-owner of thirty seven year old local and regional
agency. First five years as account executive, last five years as executive vice
president and co-owner. Secured and serviced builder accounts, supermarket chain,
new car dealers, banks~ savings and loans, national health spa, hotels (Sheraton),
motels, restaurants and night clubs. Barcroft Agency was selected the test market
affiliate of the Ruder & Finn Publicity Network.
tOVER)
-
I
!I.~\"~:U $.(,~ . Q)ffi(l' of till' .1ii4tUllr
.w. CERTIFICATE 01= RECOG~ITION
\ -
([it!,! of ([ 0 1 urn bu ~
<l)qio
.... WHEREAS, for his expertise in advertisin9 and public
relations for many Columbus firms, and for his efforts in
establishing the Kenley Players as a permanent summer
theatre, th us uplifti ng comm unity culture and entertai n-
me nt; and
WHEREAS, for his spearheading the presentation of many
telecasts of our great Ohio State University teams ana for his
professional efforts with WTVN-TV toward presenting a higher
caliber of local programming; anti
WHEREAS, for his distinguished service on the BoarJ of
iJirectors of the Hearing and Speech Center of Children's Hospital
and for his leadership in founding and serving as the first
President of the yes Men's Club of Central YMCA; and
WHEREAS, for his contributions as a founder of the
Columbus Chapter of The National Academy of Television Arts
and Sciences, and for h is selfless devotion of time and talent
to a myriad of causes in Columbus, the State of Ohio and
the Nation:
NOW, THEREFORE, I, M. E. Sensenbrenner t Mayor of the
City of Columbus, Oh iOt do hereby award th is Certificate of
Recognition to
ilRICHARu L. t\AABi
IN W ITNESS V!H~REOF I have
hereunto set my hand and caused
the Great Seal of the City of
Columbus, Ohio, to be hereto
affixed this 27th day of May, 1971.
i
,
.,
"""'
, CITY OF DELRAY BEACH
- BOARD MEMBER APPLICATION
DE 130 I< /9- H W R:r..s- tf T
NAME
PO, /SOx htJ ~ 7);: '- M V eeL. . r:- L. 33l/fjtj
- . , ,
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
/ 50 I N. w. 15 d,- c..Olj,eL-J!3tJ(!/f 1<A-,7J1\'/ /;::L. 3 3Y~r
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ~
;/710- 5 3 7 ;).. 33 ?-I,-!oD
HOHE PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED I N SERVING ElJUc...A-T.IC>N I CI?A-. fLIhvtr/.DVG-"t""L,.;fIDV(
,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) ~ff~5 T.DIA& Aftr 11-11/'/
EDUCATIONAL QUALIFICATIONS /Vl. S ' .sac I t:1 (, :s ru 'D..r:C5 fr /V-U /Be...( .s:l:)V .8J
_"~u ~ /1. Trl)'v - PLe1K c .seE -'lzr I1CI-( E D ~E5u A1 tf"
_.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
~EAl- ~U!:. T E L- ~ f-~"2:!~4:::..-I_I EJ'Ic t-f- r AJ (i- CJ::~ T.:r P:r C-,., TF
--
GAVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
'A-LIYI ~~ COt..! 1'11'/ Sc /fiN L L3t!).~ .- &<:..4- Mf~1\/ C~.- /11 (..{1f/.LfY ~_
TC----y4. e H-e- t?-
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
'THIS BOARD. }:buumfJ &I4t...D -I/I-<A(;.~r LNf/t4l...rnl3...'1k?("f-- CC/l,urr-y j3Y~"5 ~
C-M't- j:J'--JlHv,v.;;yJ6- 'f '7qIVrlf/c:;.. ... jJ~r-f:!:1t11i"' ~f.. ~)'"79-r-t:- f}~I:(V' '
--
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THA TALL THE ABOVE STATENENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. 11/ qa. .clJJ.L ~
~~._)f~___ 7'- ?- - 9"()
- - -- - -- -- ------ -- ----- ---- -
SIGNAT E DATE
---~~~
-,
./
r~esume
Cl -t
Deborah ,Jea.n Wri..::.ht
F'II OR E:o>~ 604
De11~a'i. Beach ~I F 1:J t'. i ,j,~ 33444
___~_...______.'_'___M"'___"__"__'________'"____'_____.___.________________.__________
~PY~eIIQ~Bb ~egtQBQYNQ
1973 -.- X.3vi et- Un i \'i:?F. ':; it \' B.S.
1980 ,- Flc,r-ida, PltIEtntic Uni. 'v'et-si ty B.A.
19G3 -- Na\/~\ Un i ...lei..' 5 it y M.S.
EBQE~~5IQN8b ~XE~RI~N~~
1 ?79 ,- F'r'E?'5ent Eloc::a PatClri I-.ligh School
Boc a h:a t on ~ Fl Qt"- i da
~3 (J c::l Cl. 1 :3tud i. es and BU.5i i1eS.5
EducZ;l.t:]. on
:3POI"i<::CJi.' of Fl at- i da Futw-e
Educo:\.tor's o'f Amer- i ca. C1 ub
(FFEA) , ;HTiba~5sador C1 ub,
Co'...Sp Dr: SCJf' ed Freshman,
~;opriCJmC:h-e, ,]L1ni Of' and Seni cw
c::l,,:\~;Sf.!Sn
C C) E\ ell t.:.:, d ::3i('1:;' B:;\sketba11 ~
I...;'C: 11 E'~~/b 2~ 11 ~ and Softbci,l J.
T I:::'~ .:1 in ':::i u
..
19E:7 ..-. 1 S"8C? C: d. !.~. \/ E' ,.- !"ii ddl e E:chocl
D e. 1 !.... io\/. B '=:3 c: !-.\ ~, FL
F'a/"' t -.-t i. mE' Adul t Educ.:!.t:ion
E t;cJ L a\ II cI G~~[) Ir'!.;:::,t.ructor.
1978 ..- 79 :: ~:i. ~- \/ E: ~.,.. r-1:L CJdl E' Sc:hcJcil
F'I'.. C) .:i i;;c. c t F~ e. S', c: u. e. (CETi::;)
() t~::: J. r" .::i. .~./ E: I? .::;. c: i'''~ 'l r:JcHr-idct
!'~'j .:';';;, t. hi::,? [jj _:=1, tic: ':::. TLJ.t Dt-. i 21.1 Teacher-
1. '7'75 -- IE; F' =::;.1 CUt :E.: El -:::"1. C h CClunt \/ School B03l""d
~:;u1:J.~:;t:L tLlt,?;2 T\;:I.:;,=I..!':;;:'/'-.
QI.,~elbI[I~eI.IQtm,~ r.1CJt i \iEI.t ecj!l \.'Jil1ing to wo,- k to
.;:i.C hi .:=2 ..../e 1;J C) ,3. 1 "::; . Meet and wOlrk
..~_.-'_.-.- Jr.j~~ 11 v~itrl pE?Dple at 3.11
1(?ve1s,.
--
/
E:!;';BfJQN61:1. Al.~e ..:;,8; Di vot-ced ~ e;.:cell ent
health. Community minded;
Enjoy pla'/ing backgammon~
:;wimmi.ng~ tennis volley ball~
. basket.bed 1 ~! sCJftball ~
raquet.ball~skat.ing and
cheer-i. ng at 11":)/ son's
bEl.sket.ball ';J.;3.mes.
F:ef E'r-.enCE"~S .;:l."lEdlCl.ble upon '.-E:';::IuE'st ..
..,---..- .....
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt!I1
SUBJECT: AGENDA ITEM # <<11<. - MEETING OF NOVEMBER 27, 1990
REPRESENTATION ON THE PALM BEACH COUNTYWIDE BEACHES &
SHORES COUNCIL
DATE: November 19, 1990
At the Ma rch 29, 1990, Organizational Meeting, the City Commis-
sion designated Vice-Mayor Mary McCarty as the Primary Member and
Commissioner David Randolph as the Alternate Member to represent
Delray Beach on the Palm Beach Countywide Beaches & Shores
Council . With the resignation of Ms. McCarty, it will therefore
be necessary for the City Commission to designate a Commission
member as the Primary Member on this Council.
Recommend designation of a Commission Member to represent Delray
Beach on the Palm Beach Countywide Beaches & Shores Council.
PALM BEACH COUNTYWIDE BEACHES & SHORES COUNCIL
Palm Beach Countywide Beaches & Shores Council was formed in 1985 by
inter10cal agreement. Members include coastal municipalities, Palm Beach
County, inlet districts, beach taxing districts, Municipal League, Audubon
Society and the Coral Reef Society.
The Council provides a forum for information exchange and cooperative
effort to protect and enhance beaches in the County. All projects and
activities seaward of the Coastal Construction Control Line are considered
by the Council and recommendations make, although the Council has no
regulatory authority. The Council also monitors technological advances in
beach protection and coordinates with Palm Beach County Department of
Environmental Resources Management staff on Countywide issues.
Delray Beach normally appoints a Commissioner as the regular member and a
staff member as alternate member and professional support. Currently the
alternate member is John Walker, who is also second vice chair of the
Council for 1990.
Meetings are held the second Monday of each month at 1:30 PM at the Palm
Beach County Engineering Department.
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INTERLOCAL AGREEMENT
(Palm Beach Countywide Beaches and Shores Council)
THIS counterpart INTERLOCAL AGREEMENT, made and entered into
this ~ I/-cLday of -?/1CU; , 19857 by the Undersigned
Participant (either Palm Beach County, an inlet/special district,
the two environmental bodies, a coastal municipality or the
Municipal League of Palm Beach County), with each and every other
Signatory Participant (Palm Beach County, inlet/special districts,
the two environmental bodies, =oastal municipalities and/or
the Municipal League of Palm Beach County);
WIT N E SSE T H:
WHE REAS , the Parties hereto recognize the need for coordin-
ated protection, preservation and/or enhancement of the beaches
and shores along the Atlantic Ocean in Palm Beach County; and
WHE REAS , the Parties hereto desire to establish a Council to
be a forum for information exchange and cooperative effort
to assist the Undersigned Participant and each other Signatory
Participant in fulfilling interests of beach and shore .
protection, preservation and/or enhancement;
NOW, THEREFORE, in consideration of the premises and in
consideration of the mutual agreements, terms and conditions
hereinafter set forth, the Parties hereto (Undersigned Partici-
pant and other Signatory Participants) hereby mutually agree as
follows:
I. PREDICATE. The predicates for this Agreement are as
follows:
A. The above recitals ara true and shall remain true.
B. A forum is needed for information exchange and
cooperative effort to protect, preserve and/or enhance Atlantic
Ocean beaches and shores in Pal~ Beac~ County. The following
reasons and/or benefits are contemplated:
(I) This is a logical First Step. Local
governments are concerned about turning over policy making
decisions and power to tax and enforce those policies. It
is considered premature to force establishment of a specific
inflexible policy supported by taxing authority and perhaps
another layer of goverr~ental control, somewhat or far
removed from the local level directly affected. Other
efforts attempting initially to go far beyond such a First
Step and attempting to establish a defined policy with
taxing authority and governmental control have failed.
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(2) Increased communication will increase
awareness and knowledge, and will increase trust and cooperation.
( 3) Various interests will have a fair oppor-
tunity to be heard.
(4) Dialogue and persuasion will hopefully
result in legitimate reasonable projects and/or actions.
(5) Projects contemplated by different
proponents, and the effects of those projects, the timing 0 f
them, and the contracting for them might all be coordinated
so as to unify permitting. processes and/or contracting and
perhaps reduce overall costs.
(6 ) New methods of erosion control, storm
protection, beach nourishment and preservation might be
discussed and the information widely disseminated.
(7) Better overall working relationships
between the governments and interested parties would be
obtained.
2. AUTHORITY FOR INTERLOCAL AGREEMENT. By entering into
this Agreement, each of the parties respectively represents
that it has full right and lawful authority to enter into and
perform this Agreement, and that is has fully considered,
found and determined entering into and performing this
Agreement to be in its best interests and the best interests
of its constituency. The Parties represent and agree they
.
are entering into this Agreement in pursuance of Part I,
Chapter 163, Florida Statutes and/or their inherent power.
3. PURPOSE. The purpose of this Agreement is to establish
and provide for the Palm Beach Countywide Beaches and Shores
Council designed to be a forum for information exchange and
cooperative effort toward the end of protecting, preserving
and/or enhancing beaches and shores along the Atlantic Ocean
in Palm Beach County.
4. DEFINITIONS. Words and phrases shall have their
ordinary meaning in the construction and interpretation of this
Agreement, except that words or phrases defined and/or used
in Section 163.01(3), Florida Statutes, shall control.
5. ESTABLISHMENT OF THE COUNCIL. The Parties agree
there is hereby established the PALM BEACH COUNTYWIDE BEACHES
AND SHORES COUNCIL (Council) upon the following terms and
conditions:
A. Council Purpose. The purpose of the Council
shall be to provide a forum for information exchange and
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cooperative effort toward ~he end of protecting, preserving
and/or enhancing beaches and shores along the Atlantic Ocean
in Palm Beach County.
B. Council Membership. The Undersigned Participant
and each Signatory Participant shall be an equal member on the
Council, each such Party having one (1) seat on the Council and
designating one (1) delegate, and such alternates as it
deems proper, to represent it on the Council. Only the following
may be Parties to this Agreement and have a seat on the Council:
(1) Palm Beach County;
( 2) Each inlet or special taxing district
having jurisdiction over land fronting on the Atlantic Ocean
in Palm Beach County (Jupiter Inlet District, Port of Palm
Beach District, South Lake Worth Inlet District and The Greater
Boca Raton Beach Tax District);
(3) Two environmental bodies expressly concerned
with the Atlantic Ocean beaches and shores in Palm Beach County
(Audubon Society and Coral Reef Society International, Inc. ) ;
(4 ) Each Palm Beach County coastal municipality,
being a municipality which owns land fronting on the Atlantic
Ocean or which otherwise has jurisdiction over land fronting
on the Atlantic Ocean; and
( 5 ) Municipal League of Palm Beach County.
.
If the Council undertakes consideration of actions
or projects directly involving other municipalities, then the
Council should consider inviting such municipalities to membership.
C. Council Meetings. Council Meetings shall be
regularly scheduled monthly and more frequently as appropriate.
The meeting place shall be in Palm Beach County and shall be
furnished by Palm Beach County or selected or designated as
the Council may otherwise choose.
D. Council Organization. The Council shall have three
officers, a Chairman, a First Vice Chairman and a Second Vice
Chairman. Annually from among its members at its regular January
meeting, the Council shall select its officers. The Chairman
shall conduct meetings and otherwise represent the Council. In
the absence or unavailability of the Chairman, the First Vice
Chairman shall fill the office of Chairman; and in the absence
or unavailability of both the Chairman and First Vice Chairman,
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the Second Vice Chairman shall fill the office of Chairman. The
Second Vice Chairman shall be responsible to notice meetings,
prepare minutes of meetings and correspondence, maintain records
and otherwise perform duties and functions appropriate to the
office of executive secretary. Vacancies in such offices shall
be filled from the membership, by the members.
E. Rules, Regulations and Procedures. The Council
shall establish its own rules, regulations and procedures.
Six Council members and one officer attending a meeting shall
constitute a quorum for the conduct of such meeting. Votes
may not be cast by proxy.
F. Administrative and Professional Support. Each
Party shall supply its own administrative and/or professional
support as it deems necessary or appropriate, if any. Adminis-
trative support for the Council shall be furnished by Palm Beach
County, or otherwise as the Council shall determine.
G. Council Agenda. The Agenda for regular Council
meetings shall include the following:
(I) Roll call of members.
.
(2) Approval of minutes of Council meetings.
(3) Reports and/or presentations concerning
methods, facilities, devices and concepts for beach and shore
protection, preservation and/or enhancement.
(4) Consideration of projects and actions.
(5) Public conunents.
6. PROJECTS AND ACTIONS. All projects and/or actions in-
volving any beach or shore located in Palm Beach County on the
Atlantic Ocean seaward of the coastal construction control line
(including beach and/or shore erosion control projects, sand
transfer projects, dredging and other beach and/or shore erosion,
maintenance or protection, preservation and/or enhancement
projects and/or actions) shall be a subject of Council considera-
tion.
A. Considering Projects Prior to Permit Application.
Prior to such project being approved, authorized or sanctioned by
any Party hereto, or such a project being permitted by the appro-
priate permitting authority, each Party to this Agreement agrees
to raise for Council consideration each such project involving
beaches or shores within its jurisdiction for which its approval
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will be needed or about which it has concerns. Each project
shall be cqnceptually considered to the extent necessary for the
Council members to determine the merit of each project and
express comment and/or recommendation. The Council may, after
consideration and upon vote of its members, take a position in
favor of or against any project, and such position may be with
or without comment and/or recommendation.
B. Permitting Projects. The Council shall have
absolutely no permit authority over any project.
C. Monitoring Projects. The Council shall monitor
projects in progress to the extent it deems necessary or ap-
propriate.
D. Recommending Actions for Projects The Council
may consider and recommend actions or projects.
E. Palm Beach County Support. As a Signatory Party,
Palm Beach County expresses it might only support projects
favorably considered and recommended by the Council; and pro-
jects not receiving favorable Council consideration, comment or
.
recommendation might not be County funded or sponsored.
F. Council Action, Comment or Recommendation. Council
action, comment or recommendation shall not bind any project
proponent and shall not limit, restrict or bind any Council
member from taking or not taking any action or from making a
comment or recommendatior. either in favor of or opposing any
project in any manner whatsoever.
7 . EACH PARTY TO BEAR OWN COSTS AND EXPENSES. No Party
to this Agreement shall charge another under this Agreement for
any service or action whatsoever, nor shall there be reim-
bursement or liability from one Party to another for any loss or
damage of any kind whatsoever resulting from any actions, comment
or recommendation related to this Agreement.
8 . AMENDMENT, MODIFICATION, TEFMINATION AND NOTIFICATION.
This Agreement may be amended or modified by written addendum only,
effective upon the joinder of all Parties hereto at the time of
the proposed amendment or modificaticn. This Agreement shall
terminate upon the agreement of all F~rties hereto or upon 'the
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withdrawal of all but six (6) Signatory Participants to this
Agreement. All parties to this Agreement shall be notified
by the Council Second Vice Chairman upon the joinder or
termination of each signatory to this Agreement.
9 . EXECUTION AND WITHDRAWAL BY RESOLUTION. The Parties
hereto shall join and execute this Ageement by the adoption of a
formal resolution of the governing body of each such Party, which
incorporates the terms of this Agreement and attaches a copy
thereto. The Parties hereto may withdraw only by adoption of a
formal resolution after six (6) months prior notice.
10. EFFECTIVE DATE; TERM. The effective date of this
Agreement shall be upon its execution by seven (7) Parties. The
term of this Agreement shall be perpetual, or until such time as
the purpose of this Agreement has been fulfilled, or when, because
of withdrawal, there are fewer than seven (7) Parties hereto.
IN WITNESS WHEREOF, the Undersigned Party has hereunto set
its hand and seal to this counterpart of the Interlocal Agreement
on the day and year written above.
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Attest: Title: M.#)'c.J ~
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1f1
SUBJECT: AGENDA ITEM # 'l ~ - MEETING OF NOVEMBER 27, 1990
REPRESENTATION ON THE METROPOLITAN PLANNING
ORGANIZATION OF PALM BEACH COUNTY
DATE: November 21, 1990
At the March 29, 1990, Organizational Meeting, the City Commis-
sion designated Commissioner William Andrews as the Primary
Member, Commissioner David Randolph as First Alternate Member and
Vice-Mayor Mary McCarty as the Second Alternate Member to
represent Delray Beach on the Metropolitan Planning Organization.
With the resignation of Ms. McCarty, it will therefore be neces-
sary for the City Commission to designate a Commission member as
the Second Alternate Member on the Organization.
Recommend designation of a Commission Member to represent Delray
Beach on the Metropolitan Planning Organization.
SENT BY:Xerox Telecopier 7020 :11-21-90 :10:55AM : 4076B44123~ 407 243 3774;# 2
METROPOLITAN PLANNING ORGANIZATION
OF
PALM BEACH COUNTY
'80 Austreli.n Avenue, We.t P.lm Stach, FlorJdll 33408 Tel. (407) 684-4'70
November 21, 1990
Ms. Ruth Swanson
City of Delr~ Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: METROPOLITAN PLANNIN8 OR8ANIZATION
Dear Ms. Swanson:
The Metropolitan Planning Organization of Palm Beach County is responsible for
transportation planning activities for the eastern portion of Palm Beach County,
This planning encompasses all modes and covers both long-range and short-term
time periods. The MPO prepares and adopts a long-range transportation system
plan with a 20-year horizon. This plan i$ required in order to obtain federal
and state transportation funds. The MPO also works close with the Florida
Department of Transportation in preparing its Annual Five-Year Work Program.
The MPO adopts priorities for improvements which the Department must include in
their program if possible. The MPO prOVides information on current
transportation problems to the County for consideration in developing the Five-
Year Road Program.
The MPO also provides mass transit planning for the fixed-route bus system
(CoTran). Recent feasibility studies include the West Palm Beach Transit
Facility and input to the Downtown Shuttle for the City. The MPO coordinates
activities with TriRai1 and monitors the feeder bus system. Several studies in
the nlar future include Travel Patterns and Transit Needs Study t~ determine
travel habits of eastern area residents and an update of the transportation
planning computer models. These models are used as the basis for the Traffic
Performance Standards and long-range transportation plans. These plans are also
considered in 1oca' comprehensivl plans.
The MPO is composed of five County Commissioners and ten elected city
commissioners from eight municipalities. Meetings are held each month on the
third Thursday at 9:00AM in the County Governmental Center in West Palm Beach.
The meetings usually last 1 1/2 hours. Agendas and back-up are mailed out prior
to the meeting.
If you have any questions, please contact me.
Sincerely,
~~W~
Randy M. Whitfield, P.E.,
P.O. BOll 2429. We.t Palm Bllch. Florida 33402-2428
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~~ - MEETING OF NOVEMBER 27, 1990
RESOLUTION NO. 113-90
DATE: November 21, 1990
This is a Resolution amending Resolution 68-90, which established
the Neighborhoods Task Force, by extending the established sunset
date for the Neighborhoods Task Force from December 1, 1990, to
January 31, 1990.
Staff has requested that the sunset date be extended in order for
the Task Force to complete their assigned tasks.
Recommend approval of Resolution No. 113-90.
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i t RESOLUTION NO. 113-90
I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 68-90
WHICH ESTABLISHED THE NEIGHBORHOODS TASK FORCE OF THE
d CITY OF DELRAY BEACH AS AN AD-HOC ADVISORY BODY TO THE
CITY COMMISSION, BY AMENDING SECTION 3 OF RESOLUTION
NO. 68-90 WHICH PROVIDES THAT THE NEIGHBORHOODS TASK
~ ; FORCE SHALL HAVE A SUNSET DATE OF DECEMBER 1, 1990, BY
-j EXTENDING THE ESTABLISHED SUNSET DATE OF DECEMBER 1,
. 1990, TO JANUARY 31, 1991; PROVIDING AN EFFECT IVE
-' i DATE.
t.\
, ~ 1 WHEREAS, at the meeting of July 10, 1990, the City Commission
adopted Resolution No. 68-90, establishing the Neighborhoods Task Force,
't assigning it duties, and setting a sunset date; and,
--- .. l NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
j
i: ~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ ,
! ~ Section 1. That Section 3 of Resolution No. 68-90 be, and the
... .f same is hereby amended to read as follows: .
h ...cJ Section 3. This Neighborhood Task Force shall disband
upon the discharge of its assigned tasks or by
geeemher-~7-i9ge January 31 , 1991, unless otherwise
... ":j extended by action of the City Commission.
..
~- J Section 2. That this resolution shall become effective
ill.... immediately upon its passage.
-__J PASSED AND ADOPTED in regular session on this the 27th day of
November, 1990.
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.._.-~ ATTEST:
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I City Clerk
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t!11
SUBJECT: AGENDA ITEM #<111 - MEETING OF NOVEMBER 27, 1990
CHANGE ORDER NO. 2
DATE: November 21, 1990
The Commission is requested to approve Change Order No. 2 to the
contract between the City and Johnson and Davis, In c. , in the
amount of $21,240.00, to expand the scope of work. This work
involves the removal and installation of approximately 420 L.F.
of 8" VCP with 8" SDR 35, 5 manholes and pavement replacement.
This change order is necessary and will be cheaper to install
right now since construction of the Drainage Improvements will
expose the existing sanitary sewer.
Recommend approval of Change Order No. 2 to the contract between
the City and Johnson and Davis, Inc. , in the amount of
$21,240.00. Funding to come from Account No. 441-8111-536-XX.XX.
;;A
M EMORAI'l DUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood
Director of Environmental Services
Mark A. Gabriel
Ass t. Dir. of Environmental Services/
City Engineer
FRO!"I: George Abou-Jaoude
Dep. Di r. of Environmental Services/
Capital Projects
SUBJECT: AGENDA REQUEST
DATE: November 21, 1990
Attached is a request for S.E. 1st Street agenda.
GC~
GAJ/gm
Att:
cc: Sandee Mills, Admin. Asst. III/Environmental Services
file; Memos to City Manager
file; Agenda requests
file; agenda
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Agenda Item No.:
AGENDA REQUEST
Date: Nnv 'J7. 1990
Request to be placed on:' Consent
xxx Regular Agenda Special Agenda Workshop Agenda
When:
Description of agenda item (who, what, where, how much): Re~nest City Commission
~n Rpprove Chan~e Order #2 to Johnson and Davis, Inc., Project-S E 1st treet Drainage
Tmrrn'TPmpn~~ Rid No. 90-74; in the amount of $21,240.00 to expand the scope of work. Work
. emoval and installation of a roximatel 420 L.F. of 8" VCP with 8" SDR 35,
~ manholes and pavement replacement. Funding source -XX.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends City Commission approval for Change Order #2 to
.Tnhn~()n Rnd Davis. Inc. in the amount of $21,240.00. This change is necessary and will be
.. cheaper to install right now since construction of the Drainage Improvements will
pxpo~p- the existin~ sanitary sewer.
Department Head Signature: t:2L4(/ J1~c~~
Determination of Consistency with Comprehensive Plan:
~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: 441-8111-536-XX.XX
Account Balance:
City Manager Review:
Approved for agenda: ~/ NO ~M
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
J - D
JOHNSON.DAVIS INC.
HEAVY CONSTRUCTION ~~ UNDERGROUND UTILITIES
604 HILLBRATH DRIVE
LANTANA, FLORIDA 33462
407-588-1170
October 16, 1990
Mr. George Abou-Jaoude
Deputy Director of Environmental Services/Projects
City of Delray Beach
434 S. Swinton
Delray Beach, FL 33444
RE: SE 1ST STREET
(SE 6TH AVENUE EAST TO INTRACOASTAL WATERWAY)
Gentlemen:
We respectfully submit the following request for change order to
our contract. The request is based on field meeting, quantities
by Johnson-Davis Inc.
SANITARY SEWER (as needed or directed)
Replace 8" VCP w/8" SDR 35 440 LF @ 9.00 LF 3,960.00
Replace 8" VCP w/8" DIP CL 50 30 LF @ 30.00 LF 900.00
Replace 6" Lateral (if & where) 1 EA @ 250.00 EA 250.00
Remove & Replace Sanitary MH D-8 5 EA @ 1400.00 EA 7,000.00
Remove & Replace 15" S.SWj15" SDR 35 50 EA @ 50.00 EA 2,500.00
Remove & Replace Steel Casing on
Conflict MH 1 LS @ 750.00 LS 750.00
Additional Pavement Replacement 210 SY @ 28.00 SY 5,880.00
$21,240.00
Additional contract days: 15 calendar
further assistance, please contact our office
to expedite material procurement.
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CHANGE ORDER
No. 2
Dated Nov~mber 21, , 199~
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Project No. 06-22-90-DB Bid 1/90-74
Project Name: S'E 1st Street Drainage Improvements
Decade of Excellence Project
....
Owner: CIty of Delray Beach, Florida
Contractor: .Tnhm~nn and Dav1R. Inc.
Contract Date: August 29. 1990
...
To: Johnson and Davis, Inc. , Contrnctor
You are directed to make the following changes in the subject contract:
Remove and replace 8" VCP with 8" SDR35 (approximately 440 L.,F.). Remove and replace 8"
VCP with 8"DIP CL50 (30 L.F:I.). Remove and replace five (5) sanitary manholes.
,
Replace 6" service lateral (2'each). Replace pavement 210 S.Y.
.
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which changes are more specifically described in the attached amended plans, drawings, Und
specifications.
The reason for. the change is as follows: ~xiRtin~ 8" VCP is in bad condition and since
construction of the Drainage Improvements will expose sanitary main, it will be
,-
cheaper to install the damaged section right now.
The contract price and contrnct time shall be adjusted because or such changes as follows:
A: Contract Price
1. Contract price prior to this change Order: . $238,778.00
Page One of Two Pages
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,CHANGE ORDER i-L
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2. ' Net increase resulting from this change order: $ 21.240.00
3. Current contract price Including this change ordeM$260.018.00
. B. ' Contract Time .
."
i 1. Contract time prIor, to this change order: 165
, ~:;
" 2. Net Increase resulting from. thIs change order: ,15
,
3., Current contract time including this change order: , 180 '..
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. " . . City of Delray Beach, Florida, OWNER ,
By: '
Attest:
City Clerl<:
City of Delray Beach
-'
Approved as to form:
City Attorney
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The above chlll'igea are accepted on , 198_. I understand that all the
provisions of the Contract Document related to Project No. which are not
inconsistent with, the terms of .:this Change Order shall remain in effect and apply, to nil work
undertal<:en pursuant to this Change Order.
.
Witness: ' .
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By: -r1!..l; Pj:5 t./,~'L--
As to Contractor Title
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M E M 0 RAN DUM
TO: George Abou-Jaoude
Deputy Director of Public utilities/Projects
THRU: William H. Greenwood
"Director of Environmental Services
Ernest A. Kaeufer
Asst. Director of Environmental Services/PU
Larry J. Martin
Deputy Director of Environmental Services/PU
FROM: Al Monteleone
Supt. of Water/Sewer Network
SUBJ: INSTALLATION OF UTILITIES ON S.E. 1ST STREET
DATE: November 19, 1990
A recent TV inspection of Wastewater Collection System #8
reveals that the four line segments along S.E. 1st Street have
many leaking joints. Most of the leaks are the result of cracks
in the pipe that are too extensive for our grouting unit to seal
effectively. This system is also one of the five accountable for
serious chloride infiltration.
The condition of the pipe is such that the insituform method
of lining could be used to effectively seal the leaks.
Since the street is going to be dug up for installation of
other utilities, it will prove less expensive to completely
replace this line if it is done in conjunction with the storm
drain project.
LINE SEGMENT 14 - 13
29.2' Joint - 2 cracks; 2 & 11 o'clock; 10" long
34' Joint - leaks
Pipe has surcharged to a depth of 5".
LINE SEGMENT 13 - 3 - 176' - 8"CLAY
M/ H to 8' Joint - Cracked thru joint
8 ' to 9' Crack
15.5' - 18' Cracks thru joint at 18' (2)
40' Joint - small crack
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INSTALLATION OF UTILITIES ON S.E. 1ST STREET
11/19/90
Page: 2
49.5' Joint - 2 cracks; 1 thru joint
84' Joint - 2 cracks
89' Joint - 2 cracks
84' Joint - Multiple cracks
115' Joint - Crack; 3 ' long
125' Joint - 2 bad cracks
155' Joint - 2 cracks
165' Joint - Multiple cracks; 1 ' long
LINE SEGMENT 3 - 2
9 ' Joint - 2 cracks; 3 & 10 o'clock
23' Joint - Small crack; infiltration
52' Joint - Infiltration
671 Joint - Infiltration
86' Crack to joint
LINE SEGMENT 6 - 2
67' Joint - Infiltration
db~A
Al MO!}' leone
Supt. of Water/Sewer Network
AM: pw
cc: William H. Greenwood, Director of Environmental Services
Ernest A. Kaeufer, Asst. Dir. of Environmental Services/PU
Larry J. Martin, Dep. Dir. of Environmental Services/PU
Joseph W. Lontos, Asst. Supt. of Water/Sewer Network
Scott Solomon, Supervisor III - Line Maintenance
FILE; AMMISC21 (Utilities)
Memo Interoffice, Dep. Dir. of Public Utilities
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~
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 27, 1990
COMMISSION CHAMBERS
ADDENDUM NO.1
'JI
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 or
hearing, such persons will need a record of these proceedings, and for this
purpose such persons may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based. The City does not provide or prepare such record.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.0. APPOINTMENT OF ASSISTANT CITY ATTORNEY: Consider appointment of David N.
Tolces as Assistant City Attorney at the annual salary of $31,000 to start under
the terms and conditions as set forth to be effective December 12, 1990.
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 S,E, I st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 33483
407/243-7090 . TELECOPIER 407/2784755
MEMORANDUM
Date: ::::~:~:::i::90 ~\~
To:
- From: Jeffrey S. Kurtz, City Attorney
Subject: Appointment of Assistant City At orney
Pursuant to the City Charter the City Commission appoints
assistant city attorneys, as well as the city attorney and
special counsel; therefore, this item is being placed on your
agenda for your meeting of November 27, 1990. During the
budgetary sessions for 1990-91, the City Commission authorized
the retention of a second assistant city attorney. Since that
time, our office reviewed over 250 applications for the
position, including personal interviews with 13 of those
individuals which brings us to this point in time when I am
pleased to recommend to the City Commission the appointment of
a new Assistant City Attorney.
Although numerous outstanding resumes were received and all of
those interviewed had excellent credentials, came highly
recommended and presented themselves well, it is my recommenda-
tion to the City Commission that you ratify the appointment of
the new Assistant City Attorney as Mr. David Tolces, currently
of Tallahassee, Florida. Mr. Tolces is a graduate of the
University of Texas and the University of Florida College of
Law and is currently a member of The Florida Bar.
Mr. Tolces has been working for the law firm of Haben and
Culpepper since August of 1989 in Tallahassee and anticipates
being able to begin work with the City on December l2, 1990. I
have offered Mr. Tolces a starting annual salary of $3l,OOO
which is commensurate with his experience and present level of
salaries being paid to attorneys in the private and public
sector.
The other terms and conditions of Mr. Tolces' appointment will
be as follows: The salary of $3l,OOO would be on an annual
basis with merit increases occurring on October 1 in conjunc-
tion with the start of every new fiscal year; cost of living
increases would be granted on the same basis. as those given to
.
City Commission
November 26, 1990
Page 2
other upper management level personnel in the City; vacation
and sick days would be the same as with all non represented
general employees (one per month each to start) ; insurance
benefits on par with other non-represented general employees;
and Mr. Tolces would be eligible to participate in the ICMA
Retirement Plan beginning on his date of hire with the City.
Additionally, Mr. Tolces would commence receiving the auto-
mobile allowance granted to assistant city attorneys.
Obviously, Mr. Tolces' acceptance of our offer to be retained
as the new Assistant City Attorney is subject to confirmation
of medical and background information.
It is my belief that Mr. Tolces will make an outstanding
addition to the City Attorney's Office and bringing our office
back up to full staff will greatly enhance our office's pro-
ductivity and responsiveness. A copy of Mr. Tolces' reswne is
attached to this memorandwn for your perusal.
It is my intention to place this matter on your regular City
Commission agenda of November 27 for your consideration. At
such time, the appropriate motion would be to appoint David N.
Tolces as Assistant City Attorney at the annual salary of
$31,000 to start under the terms and conditions as set forth in
this memorandwn all to be effective December 12, 1990.
JSK:sh
Attachment
cc: David Harden, City Manager
Marty Ritchason, Hwnan Resources Director
Department Heads
David N. Tolces
.
DAVID N. TOLCES
501 Blair Stone Road. #4203 !
Tallahassee, Florida 32301 }
I
(904) 656-2623
OBJECTIVE Employment as an associate attorney concentrating in the areas of land use
and environmental law.
EDUCATION
Law: University of Florida College of Law; Gainesville, Florida
Juris Doctor; May 1989
Pre-Law: University of Texas at Austin; Austin, Texas
Bachelor of Science in Geological Sciences; December 1985
LEGAL EMPLOYMENT ,.
August i 989-Present Haben &- Culpepper, P.A.; Tallahassee. Florida
ATTORNEY
Practice concentrated in the areas of land use. environmental, commercial. and
family law. Present zoning appeals to county zoning boards, participate in DRI
appeals and settlement conferences, argue motions in county and circuit courts,
prepare appellate briefs, and legal memoranda concerning 5th Amendment
takings. dredge and fill permitting, and land use regulation issues.
May 1988-August 1988 Mattlln, McClosky, and North; Boca Raton, Florida
SUMMER ASSOCIATE (Clerkship)
Research for litigation firm in areas including: insurance defense, defamation,
and personal injury. Drafted motions for summary judgment, complaints,
interrogatories, and memoranda.
May 1987 -August 1987 Siemon, Larsen, MaUlln, and Purdy; Boca Raton. Florida
SUMMER ASSOCIATE (Clerkship)
Research for civil litigation law firm in the areas of defamation, land use,
products liability, and commercial law.
NON-LEGAL
EMPLOYMENT
September 1985-May 1986 Underground Resource Management; Austin, Texas
GEOLOGIST
Supervised monitor well installation, prepared and analyzed geologic and
hydrological data. Prepared reports concerning possible hydrocarbon leakage
into groundwater, and water availability for secondary recovery of hydrocarbons.
BAR ADMISSIONS State Bar of Florida; 1989
HONORS AND
ACTIVITIES
Law: Honors; Fall 1987, Fall 1988
Journal of Law and Public Policy
Senior Student Works Editor; Spring 1989
Associate Articles Editor; Fall 1988
Council of Ten Teaching Fellow; Spring 1988
John Marshall Bar Association Homecoming Skits; 1987
Pre-Law: Pennzoil Scholarship Awardj 1985
. Chevron Scholarship A ward; 1984-1985
Awarded for outstanding academic achievement to students pursuing a degree
in Geological Science
Texas Wranglers; Spring 1985
Texas Union Recreation Committee; Spring 1984-Fall 1985
Undergraduate Geological Society
PERSONAL Date of Birth: August 29, 1963
INFORMATION Hometown: Boca Raton, Florida
Interests: Rotisserie League Baseball, Tennis, Racquetball, and Traveling
References Available Upon Request
-
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t!JVf
SUBJECT: AGENDA ITEM # \0 A - MEETING OF NOVEMBER 27, 1990
RESOLUTION NO. 106-90
DATE: November 21, 1990
This is a Resolution requesting financial assistance from the
Department of Natural Resources, Land and Water Conservation
Fund, for $100,000.00 for the redevelopment of Veterans' Park to
include various park facilities, landscaping, irrigation, parking
lot, etc.
The evaluation criteria of the Land and Water Conservation Fund
requires a public hearing for the purpose of discussing the
proposed project. The City of Delray Beach's share of the
project cost will come from the Decade of Excellence Bond Issue.
The total project costs are anticipated to be $500,000.00.
Recommend approval of Resolution No. 106-90.
-' ~ t
RESOLUTION NO. 106-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, REQUESTING FINANCIAL ASSISTANCE
, FROM THE DEPARTMENT OF NATURAL RESOURCES FOR THE
II DEVELOPMENT OF VETERANS I PARK.
,. WHEREAS, the City of Delray Beach, Florida, has prepared a
: grant application for the development of Veterans I Park under the Land
, and Water Conservation Fund: and,
WHEREAS, it is a requirement of the program that this
Resolution be adopted and become an official part of the application,
I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Manager is authorized to submit an
application requesting $100,000.00 in financial assistance from the Land
and Water Conservation Fund for the development of Veterans' Park.
Section 2. That the City of Delray Beach has an offic..ially
adopted local Comprehensive Plan, including a recreation and open space
, element, pursuant to the Local Government Comprehensive Planning Act,
i and all segments of the public were offered an opportunity to
participate in the planning process leading to the adoption of this
, document.
Section 3. That the City of De lray Beach has an on-going
. program of public participation which encourages involvement by all
segments of the population within its jurisdiction, including minority
and disadvantaged citizens, in the planning for and selection of
recreation projects.
Section 4. That the City of De lray Beach has committed the
required program match of $100,000.00 in the form of cash and this match
will remain available until needed.
I Section 5. That the City of Delray Beach is in a fiscally and
I legally responsible position to satisfactorily' develop, operate and
maintain the project site in accordance with program requirements.
Section 6. That the total cost of the grant project is
expected to be $500,000.00
Section 7. That the City Manager is designated as the official
liaison agent and is authorized to accept the grant and execute all
appropriate documents and contracts for the purpose of administering the
grant for the City of Delray Beach.
Section 8. That the Florida Recreation Development Assistance
Program application is a part of this Resolution.
Section 9. That this Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED in regular session on this the 27th day of
November, 1990.
MAY 0 R
ATTEST:
City Clerk
ii
;1
. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/J/1
SUBJECT: AGENDA ITEM # 108- MEETING OF NOVEMBER 27, 1990
RESOLUTION NO. 107-90
DATE: November 21, 1990
This is a Resolution requesting financial assistance from the
Department of Natural Resources, Florida Recreation Assistance
Development Program, for $150,000.00 for the renovation and
redevelopment of Currie Commons Park to include baseball and
multipurpose fields, concessions, restrooms, lighting, etc.
The evaluation criteria of the Florida Recreation Assistance
Program requires a public hearing for the purpose of discussing
the proposed project. The City of Delray Beach's share of the
project will come from the Decade of Excellence Bond Issue. The
total project costs are anticipated to be $300,000.00.
Recommend approval of Resolution No. 107-90.
~ . . ..
.!t - ._-----._-. < ___. _. -0
- ..
"
,
RESOLUTION NO. 107-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING FINANCIAL ASSISTANCE
FROM THE DEPARTMENT OF NATURAL RESOURCES FOR THE
, . DEVELOPMENT OF CURRIE COMMONS PARK.
WHEREAS, the City of Delray Beach, Florida, has prepared a
grant application for the development of Currie Commons Park under the
Land and Water Conservation Fund~ and,
WHEREAS, it is a requirement of the program that this
Resolution be adopted and become an official part of the application,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Manager is authorized to submit an
I application requesting $150,000.00 in financial assistance from the
j Florida Recreation Development Assistance Program for the development of
Currie Commons Park.
, .
1 Section 2. That the City of Delray Beach has an officially
adopted local Comprehensive Plan, including a recreation and open space
element, pursuant to the Local Government Comprehensive Planning Act,
and all segments of the public were offered an opportunity to
~ ~ participate in the planning process leading to the adoption of this
document.
Section 3. That the City of Delray Beach has an on-going
program of public participation which encourages involvement by all
.....' segments of the population within its jurisdiction, including minority
\ and disadvantaged citizens, in the planning for and selection of
recreation projects.
tr Section 4. That the City of Delray Beach has committed the
~ ' required program match of $150,000.00 in the form of cash and this match
will remain available until needed.
Section 5. That the City of Delray Beach is in a fiscally and
legally responsible position to satisfactorily develop, operate and
- maintain the project site in accordance with program requirements.
Section 6. That the total cost of the grant project is
- expected to be $300,000.00
Section 7. That the City Manager is designated as the official
liaison agent and is authorized to accept the grant and execute all
appropriate documents and contracts for the purpose of administering the
grant for the City of Delray Beach.
Section 8. That the Florida Recreation Development Assistance
Program application is a part of this Resolution.
Section 9. That this Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED in regular session on this the 27th day of
November, 1990.
MAY 0 R
ATTEST:
City Clerk
, .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM II 12 A - MEETING OF NOVEMBER 27, 1990
ORDINANCE NO. 57-90
DATE: November 20, 1990
This is the first reading of an Ordinance amending the Land Development
Regulations by making four (4) corrections to the Official Zoning Map.
Each of these four (4) items have been reviewed by the Special Adjustment
Advisory Board and have been forwarded directly to the City Commission on
the basis of improper enactment at the time of adoption of the Land
Development Regulations.
Recommend approval of Ordinance 57-90.
C I T Y COMMISSION DOCUMENTATION
TO: ALISON MacGREGOR-HARTY, CITY CLERK
~:J \{ ~<YI"'-
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 27, 1990
FIRST READING OF AN ORDIlfAlfCE CORRECTING THE OFFICIAL
ZONING MAP
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which makes four
corrections to the Official Zoning Map.
These items are being presented directly to the City
Commission through the provisions of Section 2.4.7(F)(2)
Relief From Improper Regulations.
BACKGROUND:
Each of these items have been reviewed by the Special Adjustment
Advisory Board and have been forwarded directly to the City
Commission on the basis of improper enactment at the time of
adoption of the LDRs. The basis for each determination is as
follows:
Shoppes of Seacrest, RM to NC: The City Commission specifically
gave direction to change the designation on the draft map from RM
to NC. The change was inadvertently left off the revised map.
Hess Station, Military Trail, PC to GC: The subject parcel is .6
of an acre and is located adjacent to a large shopping center at
the northwest corner of Military Trail and Atlantic Avenue. The
minimum lot size for new PC development is five acres and a
minimum building size of 6,000 sq. ft. is required. These
regulations make redevelopment of the site difficult and preclude
recreation of the existing use (gasoline sales) . There was not
specific attention given to this singular parcel when the
official zoning map was prepared and reviewed. It is felt that
all similar situations would receive a GC vice a PC designation.
Note that the GC designation is for "small parcels which are best
City Commission Documentation
First Reading of an Ordinance Correcting
The Official Zoning Map
Page 2
suited for general retail and office uses but which are not of
sufficient size to be designed in a planned sense" and for "small
parcels, most of which are developed, where adherence to standard
regulations is most appropriate".
Accel Towing, Old Germantown Area, Georgia Street and Tangelo,
HIC to I: There are two parcels (lots) which have been
previously approved (prior to annexation) for automobile storage.
This use is allowed only within the Industrial District. At the
time of applying zone district designations in this area (a
redevelopment area on the Future Land Use Map), the designations
were generally applied to accommodate existing (non-residential)
uses. The property was previously zoned Industrial. If the
information regarding the previously approved land use were
known, the staff would have initially affixed an I zone district
designation. Given this situation, the two lots immediately to
the north would have also been included in order to "square off"
the Industrial zoning designations in this immediate area.
Lot 26, Block 12 (Taylor property) along NW 7th Avenue, north of
Atlantic Avenue, R-I-A to G.C.: Documentation has been provided
which shows that in 1981 a "Unity of Title" tied parking lot
construction on Lot 26 to commercial development along Atlantic
Avenue. This tie and associated development demonstrates that
commercial use was authorized for Lot 26 but that other
appropriate actions which would have amended the zoning map were
not taken. If this information were known when the official
zoning map was being revised, the GC designation would have been
placed on Lot 26.
RECOMMENDED ACTION:
By motion, approval of this correcting ordinance on first reading
with a public hearing to be held on December 11, 1990.
Attachment:
* Location map
REF/DJK#74/CCORDS.TXT
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ORDINANCE NO. 57-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR FOUR PARCELS OF LAND BY REZONING
AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY
RESIDENTIAL - MEDIUM DENSITY) IN NC (NEIGHBORHOOD
COMMERCIAL) DISTRICT7 REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC
( GENERAL COMMERCIAL) DISTRICT7 REZONING AND PLACING
LAND PRESENTLY ZONED MIC ( MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT IN I (INDUSTRIAL) DISTRICT;
REZONING AND PLACING LAND PRESENTLY ZONED R-1-A
(SINGLE FAMILY DWELLING) DISTRICT IN GC (GENERAL
COMMERCIAL) DISTRICT7 AND CORRECTING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1990"7 PROVIDING A GENERAL
REPEALER CLAUSE7 PROVIDING A SAVING CLAUSE7 PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 2.4.7(F) (2) of the Land Development
Regulations has made provisions for relief from improper regulations7
and,
.
WHEREAS, requests have been made with respect to four parcels,
and have been reviewed by the Special Adjustment Advisory Board, and
determined to be the result of improper enactment 7 and,
WHEREAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated October 1, 1990, be corrected to
reflect the proper zoning classification thereof,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the Zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of NC (Ne ighborhood
Commercial) District for the following described property:
The East 340.00 feet of the Northwest One-Quarter (NW
1/4) of the Southwest One-Quarter (SW 1/4) of the
Southwest One-Quarter (SW 1/4) of Section 4, Township
46 South, Range 43 East, Palm Beach County, Floridar
LESS
the West 130.00 feet of the East 170.00 feet of the
North 150.00 feet of the South 290.00 feet thereofr
LESS
the West 92.00 feet of the East 132.00 feet of the
North 125.00 feet of the South 140.00 feet thereof;
LESS
the south 15.00 feet and less the East 40.00 feet
thereof for road Right-of-way purposes.
The above described parcel contains 3.9200 acres, more
or less.
,
._ ___'H' '\,_
-~--~ --.- -- ------~---_.__.---.------- -
Section 7. That should any section or pro~ision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1990.
MAY 0 R
ATTEST:
City Clerk ",
First Reading
Second Reading (')
-3- Ord. No. 57-90
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'/1
SUBJECT: AGENDA ITEM /I \ '2. B - MEETING OF NOVEMBER 27, 1990
ORDINANCE NO. 58-90
DATE: November 20, 1990
This is the first reading of an Ordinance amending the Land Development
Regulations to provide for the deleting of the prohibition of the sale of
second hand material within businesses located in the Central Business
District between North 1st and South 1st Streets. (Since the approach of
making a "special exception" for a very worthy, non-profit organization to
accommodate is an inappropriate action and cannot be justified in the
application of zoning, deletion of the provision is recommended).
Recommend approval of Ordinance No. 58-90
. .
C I T Y COMMISSION DOCUMENTATION
TO: ~~~~ARTY' CITY CLERK
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 27, 1990
FIRST READING, IDR AMENDING ORDlRAlfCE RE SECOND IIAlID
SALES RESTRICTIONS IN THE C.O.D. ZONE DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which amends the
LDRs.
The specific provision under consideration is 4.4.13(H) (1).
It is a special regulation which reads:
"(1) The sale of second hand material, other than verifiable
antiques, shall not be allowed within businesses located
between North 1st and South 1st Streets."
BACKGROUND:
This item has come before the Commission through the request of
a group which wishes to open a business which engages in the
resale of goods. The restriction cited above was added to the
LDRs through the request of the DDA (see their letter of March 5,
1990, copy attached).
The situation of having the item before the City Commission has
come about because the proponent sought to open the business and
was denied an occupational license based upon the above cited
code provision. The group is seeking a change in the codes which
will accommodate their particular situation. They have proceeded
to the DDA and the Planning and Zoning Board in order to have
their thoughts and to have l~~e.<:\ through the required review
processes prior to considera ion of an ordinance by the City
Commission.
Downtown Development Authority review: The DDA reviewed the item
and listened to the proponent [Aid To Victims of Domestic
Assault, Inc. (AVDA) ] at its meeting of November 19th. The DDA
recommended that a "special exception" be provided to accommodate
AVDA. It was reported that the DDA did not recommend a change in
the boundaries to which the restrict applies. Unfortunately, use
variances (which is what the DDA'S recommendation amounts to) are
not permissible.
'City' Commission Documentation
First Reading, LDR Amending Ordinance Regarding
Second Hand Sales Restrictions in the CBD Zone District
Page 2
Planninq and Zoning Board review: The P&Z Board took this item
up as an emergency consideration at its regular meeting of
November 19th. After considerable discussion a motion was made
by Bob Currie and seconded by Rita Naron that Subsection (H) (1)
be deleted (thus removing the restriction) on the basis that
there is no substantial differentiation between retail sales and
sale of second hand materials. Tom Purdo provided a counter
argument that the orginal intent of the exclusion is valid and
that to change the code to accommodate a specific situation is an
inappropriate action. The motion failed on a 3-3 vote. (FeIner,
Purdo, Parker voting against the motion; Currie, Beer, Naron
voting for the motion).
ANALYSIS:
Framework: Unless the City Attorney can provide another solution
to the situation, the Director feels that the only action
available to Commission is either:
A. Delete the provision.
B. Modify the geographic boundary of the provision.
C. Have the provision stand.
The approach of having the provision stand but not apply to AVDA
because they are not-for-profit and are a worthwhile organization
cannot be justified in the application of zoning.
The ordinance is drafted to amend the code by deletion of the
special regulation (H)(l). The Commission has the following
alternative methods of proceeding available to it:
1. Decline to act and refer the item to a joint session of the
Planning and Zoning Board and the D.D.A. so that those
advisory boards can debate the merits of the existing
regulation and so that each can provide a definitive
recommendation to the City Commission.
* Such an action will delay consideration until 1991 thus
(presumably) not accommodating the desires of the
petitioner
2. Hold first reading of the ordinance as drafted and refer to
a joint special session of the Planning and Zoning Board and
the D.D.A. so that definitive recommendations are received
prior to second reading on December 11th.
3. Approve the ordinance on first reading and take action
following a formal public hearing on December 11th.
4. Reject the proposed ordinance; thus, terminating
consideration of the item at this time.
'City' Commission Documentation
First Reading, LDR Amending Ordinance Regarding
Second Hand Sales Restrictions in the CBD Zone District
Page 3
Director's Position: It is the Director of Planning and Zoning's
position that the provision should either be kept as it is or
deleted. When the addition to the LDRs was considered, the
Director was not supportive of it due to a concern, from a land
use perspective, with differentiating between general retail
sales and sales of second hand material.
RECOMMENDED ACTION:
Due to the lack of acceptable or definitive recommendations from
the advisory boards, a recommended action is not setforth.
Attachments:
* Request letter from Felice Ledbetter dated November 12, 1990
* Letter from Kovacs re determination that a special
consideration (pursuant to the Code) cannot be accommodated
(dated November 19, 1990)
REF/DJK#74/CC2NDS.TXT
November 12, 1990
Mr. David Kovacs
Director of Planning and Zoning
100 N.W. 1st Street
Delray Beach, Florida 33444
Re: City of Delray Beach, Florida
Ordinance #4.4.13 HI
Dear Mr. Kovacs:
As the owner of a store building located at 98 S.E. Fourth
Avenue, Delray Beach, on November 15, 1990 I leased the store
to AVDA, Inc. (Aid To Victims Of Domestic Assault, Inc.).
This very worthy, non-profit organization receives wide
support from the public through the many donations it receives
for resale which they hoped to offer for sale in my building.
I, too, am happy to support the organization's timely efforts.
However, when the occupational license was applied for, it
was learned that with the above Ordinance this type of business
would not be allowed. Therefore, I am seeking immediate relief
to change the Ordinance requirements to allow this business to
operate.
Thank you for your assistance in expediting this matter.
Sincerely,
~~~
Felice P. Ledbe ter
760 N.W. 7th Street
Delray Beach, Florida 33444
Enclosure
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DO\VNTOWN DEVELOPMENT AUTHORITY
City Of Delray Beach, Florida
To: Oelray Reach P&Z Board Mar 5, 1990
J
From: Delray Beach DDA
~
Re: Revision of the Zoning Ordinance to enhance Downtown.
Policy C-4.1 of the adopted Comprehensive Plan for the
City calls for several steps to adjust the zoning process
to guide change and d~velopment in the CBD.
The goal should be prevent negative uses, encourage
contributing uses and to speed up the process while
safeguarding the public interest. The purpose of the
controls would be to encourage retail, restaurant and
supportinq functions with a strong pedestrian
orientation. Therefore, the following chanqes are
recommendations to P&Z and the City Commission.
1. Uses to be deleted from the list of permitted uses:
Sale of automotive parts
Sale of electrical, plumbing and building equipment
Furniture upholstery shops
Glass and glazing shops
Laundromats
Medical and dental laboratories.
Equipment repair shops
Sale of second hand material other than verifiable
antiques
Day labor employment agencies
Funeral homes, churches
veterinary clinics
Recycling of collected materials.
2. The following uses should be permitted as a matter of
right and not require a Conditional Use permit:
Hotels and motels
Adult congregate living facilities
Multiple family and resort projects and dwelling units
Recreational establishments: health spas, gyms, etc.
.----_...
3 The following uses should require a conditional us it~CEIVED .
permit:
(r" Loan offices, banks and thrift institutions. MAR 0 9 "90
"
1
4 . Setback regulations for buildings in the CBD should ~ PLANNING&ZONING
be reduced to Zero.
64 S,E. Fifth Avenue, Delray R~ach, Florida 33483 · 407-276-8640
5. The following uses should be permitted in the eRO but
only on floors above the ground floor, particularly on
Atlantic Avenue if that can be accomplished legally.
All professional, business and other offices
Medical, dental clinics. ~
Dance and broadcasting studios, health spas, gyms.
6. Loading regulations should be adjusted to recognize
the limited property sizes, the use of alleys and the
possibilities of restricted hours for loading and
unloading.
***
r--
....
..........
[ITY Df JJElRF~Y OEn[H (r~~
, \/.'
IO') rl r: 1-, t,', c';!)!: . "I I P;. . !'t..or Ii r If,"" 1,,\ :U,H,' . "'/,;'11,1 'ooa
November 19, 1990
.
Felice P. Ledbetter
760 N.W. 7th Street
Delray Beach, FL 33444
Re: LOR Section 4.4.13(8)(1)
Prohibition on Second Hand Sales in the CaD
Dear Felice:
Your request was reviewed to determine if the provisions of LDR
Section 4.4.13(H)(1), which allow special consideration of items
which may have been inappropriately or inadvertently enacted, are
applicable. It has been determined that special consideration
cannot be provided since the record shows that there was a clear
intent to prohibit second hand sales in that part of the CBO
between North and South First Streets.
Thus, in order to accommodate your desired use, it is first
necessary that there be an amendment to the LDRs through the
normal review and amendment process. Unless you request
otherwise, I shall place your request before the Planning and
Zoning Board at its meeting of December 17th. If they recommend
that there be a code amendment, an ordinance will then go before
the city Commission. Under the current schedule of meetings,
first reading of the ordinance would occur on January 15, 1991,
with a public hearing and second reading on January 29th.
Cordially,
c:~~vC#-
avid J. Kovacs, Director
Department of Planning and Zoning
DJK/cm
c:
David Harden, City Manager
Lula Butler, Director of Community Improvement
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ii ORDINANCE NO. S 8-9 0
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR "ZONING
REGULATIONS" , ARTICLE 4.4, "BASE ZONING DISTRICT" OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT",
SUBSECTION 4.413 (H) (1) "SPECIAL REGULATIONS", BY
REPEALING PARAGRAPH 4.4.13 (H) (1) TO PROVIDE FOR THE
DELETION OF THE PROHIBITION OF THE SALE OF SECOND HAND
MATERIAL WITHIN BUSINESSES LOCATED BETWEEN NORTH 1ST
AND SOUTH 1ST STREETS; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four "Zoning Regulations", Article 4.4
"Base Zoning District", Section 4.4.13 "Central Business District", of
the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended by repealing Paragraph
4.4.13 (H) (1) in its entirety.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1990.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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