11-07-89 Workshop
CITY OF DELRAY BEACH, FLORIDA
WORKSHOP MEETING - CITY COMMISSION
November 7, 1989
7:00 P.M.
AGENDA
Commission Chambers
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.
1. City Manager Selection
(Commissioner McCarty).
Committee- Criteria and Direction
2. Clarification of
(Commissioner McCarty) .
3. Clothing Allowance Gross Up Policy- Non Union Police Officers
(Commissioner McCarty) .
the
Role
of the Interim City Manager
4. Code Amendment Regarding "Side Walk Cafes" . (City Manager)
5. Tri- Rail Train Station- Location and Legislative Funding (Mayor
Campbell) .
6. Vehicle Use, Assignment, and Allowance Policy (Commissioner
Brainerd) .
7. Street Lighting- Old School Square Area (Mayor Campbell).
8. Tennis Center Update- Lavers (Commissioner Andrews).
9. Request for Golf Course Rate Increase (City Manager).
10. Contract Services- Water Treatment Plant (Commissioner Brainerd).
11. Nomination to fill Vacancy on the Palm Beach County Municipal
League Board of Directors (City Manager).
12. Agreement between the City and H. Kurt Kettlehut (City Manager).
Minutes
City ~1anager Selection Task Force
Tuesday, October I 24, 1989
The City ~1anager Selection Task Fo=e held an organizational meeting at
the Clamber of CalIrerce building, 12:00 noon, Tuesday, October 24, 1989.
Manbers present were: Ray Gerner, Leon Weekes, Spencer Parpey, Ken
Elling!M:>rth, Ray Howland, and Richard Simrons. Also present were Kathy
Aguirre, Jay Slaven, and rranbers of the press.
Mr. Weekes rroved appointrrent of Ken Elling!M:>rth as Olaintan. Se=nded
by Mr. Gerner and carried. Mr. Gerner rroved appointrrent of Mr. Weekes as vice
Chairnan, seconded by Mr. Simrons and carried.
Mr. Elling!M:>rth advised that the group was subject to the Sunshine Laws.
It was agreed that a sinple majority vote would represent the view of the Task
Force.
Members present expressed a strong view that they smuld take a leader-
ship role in setting selection criteria and in screening applicants since this
would represent the view of the Task Force.
By unaninous agreement the group agreed on the following:
a. Not to engage an outside search firm.
b. To recatrnend five finalists to the City Carmission
c. Give these rea:mnendations to Carmission after the city election in
March.
d. StxJw as desired criteria for applicants: MaA, MFA, or equivalent exper_
ience, also growth area experience.
e. . To advertise in the International City Manager's Assn. newsletter.
f. Request $1,000 for interim expenses with option for additional fWlds if
needed .
Salary range was discussed for advertisanent. A range figure around =rent
budgeted salary will be used.
A letter is to be written to the City Carmission, enclosing these minutes
and asking if they have other criteria or direction for the task fo=e.
Meeting Adjourned.
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en Ellingsflorth
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[ITY OF DELAAY BEA[H
100 NW, 1st AVENUE
I_RAY BEACH, FLORIDA 33444
407/243.7000
MEMORANDUM
TO:
Mayor and City Commission
FROM:
Mary McCarty, Vice Mayor
DATE:
November 3, 1989
RE:
WORKSHOP ITEM - DISCUSSION WITH REGARDS TO
CLARIFICATION OF THE ROLE OF THE INTERIM
CITY MANAGER
Recognizing the fact that the current Interim City Manager
has had no previous local governmental management
experience, there are a number of areas of concern that
should be addressed and further direction given by consensus
of the Commission.
In an attempt
problem areas,
constructively
may have.
to address concerns before they become
it is the intent of this agenda item to
discuss any concerns that Commission members
MM:dw
THE EFFORT ALWAYS M ,:,HERS
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DEL RA Y BEACH
Editor's Note; This Charter has been
amended to reflect and change the name
designation of the legislative bOdy from
City Council to City Commission and of
City Council Members to City
Commissioners, pursuant to Ordinance No.
56-88, passed 6-28-8B)
ARTICLE I. CREATION AND POWERS
Section 1.01. ESTABLISHMENT AND
CONTINUATION OF THE CITY OF OELRAY
BEACH.
The City of Delray Beach establiShed
and organized by Chapter 25786, Laws of
Florida, Special Acts of 1949, as
amended, shall continue as a Florida
municipal corporation.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 1.02. POWERS.
The City of Delray Beach shall have
all governmental, corporate and
proprietary powers to enable it to
conduct municipal government, perform
municipal functions and render municipal
services, and may exercise any power for
municipal purposes except as otherwise
provided by law.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 1.03. CONSTRUCTION.
The powers of the city shall be
construed liberally in favor of the city,
limited only by the Constitution of the
United States and the Florida
Constitution, general law and specific
limitations contained herein. Special
acts of the Florida Legislature
pertaining to the jurisdiction and
exercise of powers by this city shall be
considered amendments to this charter
and, pursuant to the provisions adopted
for incorporation of other charter
amendments, shall be incorporated as
official amendments to the charter.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
ARTICLE II. CORPORATE LIMITS
Section 2.01. CORPORATE LIMITS.
The boundaries and corporate limits
of the City of Delray Beach now existing
are continued and may be amended from
time to time as provided by law.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 2.02. BOUNDARIES AND TERRITORY
OF GREATER OELRAY BEACH AREA.
Greater Delray Beach described. The
Greater De1ray Beach Area authorized and
legally described in Section 6A of
Chapter 25786 as amended by Chapter
1988 S-l
CHAR ~
Section 2.03
67-1286, Laws of Florida, both being
special acts of the State of Florida
Legislature, is hereby continued. The
part thereof that is not now included in
the corporate limits, shall be eventually
included into the City of Delray Beach by
any of the methods of annexation provided
by law.*
lOrd. 4-76, pass.ed 2-23-76, App. at Ref.,
2-2-76)
*Editor's Note:
Ordinance 54-86, passed on 9-9-86 and
approved by the voters at a referendum
election held 11-4-86, provides for the
passage of the ftDelray Beach EnClave Act
(Chapter 86-427, Laws of Florida),.
definitions of enclave and of the general
boundaries of the city, and annexation of
said enclave within the general
boundaries of the city as same existed on
February 28, 1986.
Section 2.03. VOLUNTARY ANNEXATION OF
TERRITORY BY ORDINANCE.
(a) Consent of land owners
prerequisite to passage on first
reading. The City of Delray Beach,
Florida, may change its- territorial
limits by the annexation of any
unincorporated tract or tracts of land
lying within Palm Beach County, by
ordinance duly passed in accordance with
the requirements and manner provided by
General or Special Laws, provided
however, that before any such annexing
ordinance is placed on its first reading
by the commission, the City of Delray
Beach shall have secured the consent and
permission of the owner o~ owners of any
such tract or tracts proposed to be
annexed.
(b) Publication of ordinance between
first and second reading. After such
annexing ordinance has been placed on its
first reading by the commission, and
before it is read a second time, said
ordinance shall have been published in
full one time in some newspaper qualified
to publish legal notices and published
within the City of Delray Beach.
eel Ordinance to contain boundary
statement. Any such annexing ordinance
shall state that the boundaries of the
City of Delray Beach are redefined so as
to include the tract or tracts of land so
being annexed.
(d)
forth in
addition
The methods and procedures
this section shall be in
to, not a limitation upon,
set
any
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Section 3.01
DELRAY BEACH
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other manner of annexation provided by
general law.*
fOrd. 4-76, passed 2-23-76, App. at Ref.,
2-2-76, Am. Drd. 106-85, passed 9-24-85,
App. at Ref., 11-5-~5)
*Edltor's Note:
As an alternative to the procedure
set forth in this Charter Section 2.03,
the procedure set forth in F.S. S 171.044
may be used. F.S. S 171.044 requires
that a notice of the annexation be
published once a week for four
consecutive weeks in a qualified
newspaper; that the notice give the
ordinance number and a brief description
of the area proposed to be annexed; and
that said description shall include both
a map clearly showing the area, and a
statement that the complete legal
description by meters and bounds, along
with a copy of the ordinance, may be
obtained at the office of the City Clerk.
ARTICLE III. LEGISLATIVE
Section 3.01. COMMISSION-CITY MANAGER
FDRM OF GOVERNMENT; TERM OF OFFICE;
NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY
VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR.
(a) There shall be a commission with
all legislative powers of the city vested
therein. The commission shall be
composed of five (5) commissioners, all
of whom shall be qualified electors and
have such other qualifications as are
prescribed by law, one of whom shall be
duly elected mayor, all of whom shall be
elected at large for a term of two (2)
years in the manner provided in this
charter. The mayor and commissioners
shall assume office on the last Thursday
in March follOWing their election or on
the last Friday in March should the last
Thursday fall on a legal holiday. In the
event a vacancy shall occur in the office
of mayor, the vice-mayor shall
automatically become mayor. In the event
a vacancy shall occur in the office of
Vice-mayor, the deputy Vice-mayor shall
automatically become vice-mayor, and a
new deputy vice-mayor shall be selected
by the commission. Two (2) commissioners
shall be elected in even-numbered years,
and two (2) commissioners shall be
elected in odd-numbered years, unless a
vacancy or vacancies exist, in which
event successors for the filing of any
unexpired term or terms shall be elected
or appointed as herein provided, in order
to carry out the intent and meaning of
this charter. Furthermore, the
commissioner shall be elected for a two
(2) year term, whether by regular
election or election to fill a vacancy in
the office of the commissioner. and
without regard to whether such election
is held in an even or Odd-numbered year.
CHARTER
4
to) The commission shall hold an
organizational meeting immediately
fOllowing the assumption to the offices
of mayor and/or commissioner seats on the
last Thursday in March following their
election or on the last Friday in March
should the last Thursday fall on a legal
holiday, and at such time shall select
from the the commissioners other than the
mayor, a vice-mayor and a deputy
Vice-mayor, both of whom shall serve in
that capacity at the pleasure of the
commission until the organizational
meeting of the following year.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76; Am. Ord. 10-83, passed 1-25-83,
App. at Ref. 3-1-83; Am. Ord. 82-83,
passed 11-22-83; Am. Ord. 108-85, passed
9-24-85)
Section 3.02. COMPENSATION AND EXPENSES.
The commission may determine the
annual salary of commissioners and the
mayor by ordinance, but no ordinance
increaSing such a salary shall become
effective until the date of commencement
of the terms of commissioners or mayor
elected at the next regular election,
provided that such election follows the
adoption of such ordinance by at least
six (6) months. Commissioners and mayor
shall receive their actual and necessary
expenses incurred in the performance of
their duties of office as provided by law.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 3.03. QUALIFICATIONS OF
CANDIDATES; CESSATION OF QUALIFICATIONS
DURING TENURE; OATH OF OFFICE.
Persons entitled to hold the elective
offices enumerated in the foregoing
sections, shall have their
qualifications, time, manner and costs of
qualifying as a candidate regulated by
ordinance of the city. All candidates
shall file their petitions as candidates
no earlier than noon on the last Tuesday
in January nor later than noon on the
second Tuesday in February of the
calendar year in which the election is to
be held. The names of all candidates and
the offices for which they have filed
shall be received by the supervisor of
elections from the city clerk by 5:00
p.m. on the first Friday after the close
of qualifying; provided, however, no
candidate may qualify as a commissioners
and also as mayor. Any commissioner.
inClUding the mayor, who ceases to
possess the qualifications which are
herein required or who shall be convicted
of a felony, shall forfeit that office
and it shall be the duty of the remaining
members of the commission to declare the
office vacant and to proceed to fill the
vacancy as herein provided. Each of the
said officers shall perform the duties of
their respective offices as elsewhere
herein provided or as may be provided by
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DELRAY BEACH
ordinance or laws of said city, and
before entering upon the duties of their
respective offices, they shall each take
and subscribe to the following oath:
-I do solemnly swear (or affirm) that
I will support, protect and defend the
Constitution and Government of the United
States, and the State of Florida, and of
the City of Delray Beach: that I am duly
qualified to hold office under the laws
of the State of Florida, the charter and
laws of the City of Oelray Beach, and
that I will well and faithfully perform
the duties of commissioner of the city
upon which t am about to enter, so help
me God..
COrd. 4-76, passed 2-3-76, App. at Ref.,
2-2-76; Am. Ord. 83-83, passed 11-22-83)
Section 3.04. MAYOR, VICE-MAYOR, AND
DEPUTY VICE-MAYOR; POWER AND DUTIES.
The mayor shall preside at meetings
of the commission, shall be recognized as
head of city government for all
ceremonial purposes, by the governor for
purposes of military law, for service of
process, execution of contracts, deeds
and other documents, as the city official
designated to represent the city in all
agreements with other governmental
entities or certifications to other
governmental entities, but shall have no
administrative duties except as required
to carry out the responsibilities
herein. The mayor, vice-mayor, and
deputy vice-mayor shall each have voice
and a vote in the proceedings of
commission, but no veto power. In the
absence or disability of the mayor, or
should the vice-mayor refuse to perform
the duties imposed on him by law, the
deputy vice-mayor shall have all the
powers, duties and prerogatives of the
vi ce-mayor.
(Ord. 4-16, passed 2-23-76, App. at Ref.,
2-2-76; Am. Ord. 10-83, passed 1-25-83,
App. at Ref., 3-1-83)
Section 3.05. PROHIBITIONS.
(a) Appointments and removals.
Neither the commission nor any of its
members shall in any manner dictate the
appointment or removal of any city
administrative officers or employees wham
the city manager or any of his
subordinates are empowered to appoint,
but the commission or any of its members
may express their views and fully and
freely discuss with the city manager
anything pertaining to appointment and
removal of such officers and employees.
(bl Interference with
administration. Except for the purpose
of inquiries and investigations, the
commission or its members shall deal with
city officers and employees who are
subject to the direction and supervision
of the city manager solely through the
CHARTER
Section 3.06
city manaqer,land neither the co..ission
nor its members shall give orders to any
such officer r ...p1oyee, either publicly
or privately. Nothing in the foregoing
is to be cons rued to prohibit individual
members of the commission from closely
scrutinizing by questions and personal
observations, all aspects of city
government operations so as to obtain
independent information to assist the
members in formulation of sound policies
to be considered by the commission. It
is the express intent of this charter,
however, that recommendations for
improvement in city government operations
by individual commissioners be made to
and through the city manager, so that the
city manager may coordinate efforts of
all city departments to achieve the
greatest possible savings through the
most efficient and sound means available.
(c) Bolding of other office. No
former elected city official shall hold
any compensated appointive city office or
employment until one year' after the
expiration of the term for which he was
elected, unless such appointment or
employment be specif ically ratif led by
the affirmative vote of the comaission.
lOrd. 4-76, passed 2-23-76, App. at Ref.,
2-2-76, Am. Ord. 11-83, passed 1-25-83,
App. at Ref., 3-1-83)
Section 3.06. VACANCIES, FORFEITURE OF
OFFICE; FILLING OF VACANCIES.
fa) Vacanci~s. The office of a
commissioner including the mayor shall
become vacant upon his death,
resignation, removal lran office in any
manner authorized by law, or forfeiture
of his office, such forfeiture to be
declared by the remaining members of the
commission.
(b) Forfeiture of office. A
commissioner including the mayor shall
forfeit his office if he:
(1) Lacks at any time during his
term of office any qualification for the
office prescribed by this charter or by
law, or
(2) Violates any standard of conduct
or code of ethics established by law for
public officials, such violation to be
determined by remaining members of the
commission, or
(3) Fails to attend four (4)
consecutive regular commission meetings
unless excused for good cause.
(c) In the event a vacancy occurs in
the membership of the commission for any
reason whatsoever, other than a vacancy
in the office of the mayor, or except at
the close of a regular term, it shall ~e
the duty oE the remaining members of the
commission, including the mayor, by a
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Section 3.07
DELRAY BEACH
majority vote, to appoint a qualified
person to fill the vacancy. The
appointed member shall serve until the
last Thursday in March following the next
regular city election, or until the last
Friday in March should the last Thursday
fall on a legal holiday. In the event
the term of office to which such person
was appointed does not expire as of the
last Thursday in March fallowing the next
regular city election, or until the last
Friday in March should the last Thursday
fall on a legal holiday, and the vacancy
occurs at least sixty (60) or more
calendar days preceding the date of the
regular city election, then the appointed
member filling the vacancy shall serve
until the last Thursday in March
following the next regular city election,
or until the last Friday in March should
the last Thursday fall on a legal
holiday, and the remainder of the
unexpired term shall be filled by
election at the next regular city
election in the manner provided in
Article V of this charter. If a majority
of said remaining members are unable to
agree upon the appointment of a
commissioner to fill said vacancy after
two (2) regular meetings have been held,
then the commission shall call a special
election for that purpose, to be held
wit~in sixty (60) calendar days following
the said second regular meeting.
(d) The office of mayor shall becane
vacant for any reason that the office of
any other commissioner may becane vacant,
and a vacancy in the office of mayor
shall also be deemed a vacancy in the
commission. If a vacancy occurs in the
office of mayor for any reason
whatsoever, the Vice-mayor shall
automatically succeed to the office of
mayor and shall serve as mayor until the
last Thursday in March following the next
regular city election, or until the last
Friday in March should the last Thursday
fall on a legal holiday. The
commissioner so serving as mayor by
succession shall then complete the
remainder of his commission term if any
part of such term remains unexpired. The
succession to the office of mayor by the
vice-mayor shall create a vacancy in the
commission which shall be filled in the
manner set forth in section 3.06(c),
shall be for the entire unexpired portion
of the mayor's term of office.
(e) Extraordinary vacancies. In the
event that all members of the commission
are removed by death, disability,
resignation, or forfeiture of office, the
governor shall appoint an interim
commission, including a mayor, with full
commission powers that shall then call a
special election as provided under this
charter not more than forty-five (45)
CHARTER
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calen~ar days after appointment.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76, Am. Drd. 10-83. passed 1-25-83.
App. at Ref. 3-1-83, Am Ord. 84-83.
passed 11-22-83)
Section 3.07. PROCEDURE.
(a) Meetings. The commission shall
meet regularly at least twice in every
month at such times and places as the
commission may prescribe by rule.
Special meetings may be held on the call
of the mayor or of a majority of the
members and, whenever practicable, upon
no less than twelve (12) hours' notice to
each member and the public.
(b) Rules. The commission shall
determine its own rules and order of
business.
(c) Voting. Voting, on ordinances,
resolutions and motions, shall be by roll
call and shall be recorded in the
journal. A majority of the commission
shall constitute a quorum: but a smaller
number may adjourn from time to time and
may compel the attendance of absent
members in the manner and subject to the
penalties prescribed by the rules of the
commission. No action of the commission
except as otherwise provided in section
3.06, shall be valid or binding unless
adopted by the affirmative vote of three
(3) commissioners.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 3.08. PLANNING AND ZONING BOARD
AND BOARD OF ADJUSTMENT.
(a) The commission shall in the
interest of the public health, safety,
order, convenience and general welfare
create by ordinance a planning and zoning
board to make recommendations to the
commis.sion.
(b) The commission shall create a
board of adjustment whose decisions may
be appealed pursuant to general law.
COrd. 4-76, passed 2-23-76, App. at Ref.
2-2-76 )
Section 3.09. ALIENATION OF PUBLIC
BEACHES.
The commission shall not in any
manner alienate fran the public, the
public beach, lying between the north anti
south boundaries of Section 16, Township
46 South, Range 43 East, or any part
thereof, of the City of Oel=ay Beach,
Florida.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76 )
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Seetion 3.10. COMMISSION INVESTIGATIONS.
The city clerk shall have the power
to issue any writs, processes and
subpoenas needed to facilitate any
investigation convened by or called by
the commission for a municipal purpose.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
ARTICLE IV. ADMINISTRATIVE-EXECUTIVE
Section 4.01. CITY MA~GER.
There shall be a city manager who
shall be the chief administrative officer
of the city. Be shall be responsible to
the commission for the administration of
all city affairs placed in his charge by
or under this charter and such other
duties as may be required by the
commission.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 4.02. APPOINTMENT: REMOVAL;
COMPENSATION.
(a) Appointment. The commission
shall appoint a city manager for an
indefinite term by Majority vote of the
commission to serve at the pleasure of
the commission.
(b) Removal. The city manager, at
all times, shall hold office at the
pleasure of a majority of all the
commission.
(cl Replacement. Upon the death,
resignation or termination of the city
manager, the commission shall appoint an
acting city manager and thereafter,
within a reasonable time, appoint a
regular city manager.
(d) Compensation. The compensation
of the manager shall be fixed by the
commission and shall not be reduced
during this appointment.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76; Am. Ord. 8-83, passed 1-25-83,
App. at Ref.. 3-1-83)
Section 4.03. ACTING CITY MA~GER.
By letter filed with the commission,
the manager shall designate, subject to
approval of the commission, a qualified
city administrative officer to exercise
the powers and perform the duties of
manager during his temporary absence or
disability. During such absence or
disability, the commission may revoke
such deSignation at anytime and appoint
another officer of the city to serve
until the manager shall return or his
disability shall cease.
COrd. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
CHARTER Section 4.04
Section 4.04. POlillRS AND DUTIES OF TIlE
CITY MA~GER.
The City manager shall have the
following powers and duties:
(a) Appoint and, when he deems it
necessary for the good of the City,
suspend or remove all city employees and
appointive administrative officers
provided for by or under this charter,
except as otherwise provided by law, this
charter or personnel rules adopted
pursuant to this charter. All
appointments and promotions of city
officials and employees shall be made
solely on the basis of merit and fitness
demonstrated by examination or other
evidence of competence. He may authorize
any administrative officer who is subj~t
to his direction and supervision to
exercise these powers wi th respect to
subordinates in that officer's
department, office or agency.
(b) Direct and supervise the
administration of all departments,
offices and agencies of the city, except
as otherwise provided by this charter or
by law.
(c) Attend all commission ..etings
and shall have the right to take part in
discussion but may not vote.
Cd) See that all laws, provisions of
this charter and acts of the commission,
subject to enforcement by him or by
officers subject to his direction and
supervision, are faithfully executed.
(e) Submit to the commission and
make available to the public a complete
report on the finances and administrative
activities of the City as of the end of
each fiscal year.
(t) Make such other reports as the
commission may require concerning the
operations of city departments, offices
and agencies subject to his direction and
supervis ion.
Cg) Keep the commission fully
advised as to the financial condition and
future needs of the city and make such
recommendations to the commission
concerning the affairs of the city as he
deems advisable or as the commission may
require.
Ch) Sign contracts on behalf of the
city pursuant to the prOvisions of this
charter, provisions of appropriation
ordinances and where authorized by
ordinance, resolution or by motion (See
section 4.09).
(i) Perform such other duties as are
specified in this charter or may be
required by the commission.
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DELRAY BEAClI
(j) The personnel policies or
personnel rules adopted pursuant to this
charter shall not apply to nor be
maintained for any of the city's
employees who are covered by a collective
bargaining agreement or expired
collective bargaining agreement which is
subject to renegotiation unless otherwise
expressly provided in said personnel
policies, personnel rules or collective
bargaining agreement.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 4.05. BUDGET PRDCEDURE.
(a) The fiscal year of the city
shall begin on the first day of October,
and end on the thirtieth day of September
of the following year. Such year shall
constitute the budget year of the city
government. and whenever the word year
appears in this charter it shall be
construed as Meaning the fiscal year of
the city unless otherwise indicated.
(b) The city manager shall submit
his recommended budget for the ensuing
fiscal year to the commission on or
before the first regular meeting in
August. Complete copies of the proposed
budget shall be on file and available to
the public for inspection during office
hours in the office of the clerk,
commencing the following business day.
(c) The budget document shall
present a complete financial plan for the
ensuing fiscal year. It shall include at
least, the following information:
(1) Proposed ex-penditures. Detailed
estimates of all proposed expenditures
for each department and office of the
city, showing the expenditures for
corresponding items for the last
preceding and current fiscal years with
reasons for increases and decreases
recommended, as compared with
appropriations for the current year;
(2) Bonded indebtedness. Statements
of the bonded and other indebtedness of
the city, showing the debt reduction and
interest requirements, the debt
authoriZed and unissued, and the
conditions of the sinking funds, if any;
(3) Anticipated income. Detailed
estimates of all anticipated income of
the city from sources other than taxes
and borrOWing, with a comparative
statement of the amounts received by the
city from each of the same or similar
sources for the last preceding and
current fiscal years;
(4) Balance or deficit. A statement
of the estimated balance or deficit, as
the caSe may be, for the end of the
current fiscal year;
CHARTER
8
(5) Taxes. An estimate of the
amount of money to be raised from current
and deli nquen t taxes, and the amoun t to
be raised from bond issues which,
together with income from other sources,
will be necessary to meet the proposed
expend i tures;
(6) Other information.
Supporting schedules as the
may deem necessary.
Such other
commission
(dl A public hearing on the budget
shall be held on the first regular
commission meeting in September of each
year. No~ice of such public hearing shll
be puiblished at least one week in
advance by the clerk. A condensed copy
of the proposed budget shall be published.
(e) At the second regular commission
meeting in the month of September of each
year, the commission shall, by resolution
adopt the budget for the next fiscal
year, and shall, in such resolution, make
an appropriation for the money needed for
municipal purposes during the ensuing
fiscal year of the city, and provide for
a levy of the amount necessary to be
raised by taxes upon real and personal
property for municipal purposes, whiCh
levy shall not, for the general operating
expenses of the city, in any event exceed
the millage limitation as provided by
state law on the assessed valuation of
all real and personal property subject to
taxation in the City. Should the
commission take no final action during
said meeting, the budget as submitted,
shall be deemed to have been finally
adopted by the commission.
(f) No money shall be drawn from the
treasury of the city nor shall any
obligation for the expenditure of money
be incurred, except pursuant to the
budget appropriations. The commission
may transfer any unencumbered
appropriation balance, or any portion
thereof, from one department, fund or
agency to another. The balance in any
appropriation which has not ~en
encumbered at the end of the fiscal year
shall revert to the general fund and be
reappropriated during the next fiscal
year.
(g) At the beginning of each
quarterly period during the fiscal y~ar,
and more often if ~equired by the
commission, the city manager shall submit
to the commission data showing the
relation between the estimated and actual.
income and expenses to date~ and if it
shall appear that the income is less than
anticipated, the commission shall reduce
appropriations, except amounts required
for debt and interest charges, to such a
cegree as may be necessary to keep
expenditures within the income.
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DURAY BEACH
(h) The commission shall designate
the depoaitory or depositories for city
tunds; shall provide for the regular
deposit of all City moneys, and shall
provide for the proper security of all
city deposits.
(i) An independent audit shall be
made of all accounts of the city
government at least annually, and more
frequently if deemed necessary by the
commission. Such audit shall be made by
certified public accountants experienced
in municipal accounting, and who shall
have no personal linterest, direct or
indirect, in the fiscal affairs of the
city government, or of any of its
officers. The condensed audit shall be
published within thirty (30) days after
receipt of the same. An annual report of
the city business shall be made available
to the public by the city manager in such
form as will disclose pertinent facts
concerning the activities and finances of
the city government.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 4.06. SUPERVISION OF DEPARTMENTS.
With the approval of the commission,
the Manager may serve as the head of one
or more departments, offices or agencies
or may appoint one person as the head of
two (2) or more of them.
fOrd. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 4.07. LEGAL COUNSEL.
There shall be a City attorney and
such assistant city attorneys and special
counsel as the commission shall deem
necessary. They shall be responsible to
the commission for all legal matters of
the city placed in their charge by or
under this charter and such other duties
as may be required by the commission.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 4.08. LEGAL COUNSEL APPOINTMENT,
REMOVAL AND COMPENSATION.
(a) Appointment. The commission
shall appoint a city attorney, such
assistant City attorneys and special
COunsel as may be deemed necessary. The
city attorney and assistant City
attorneys, if any, shall be appointed by
commission for an indefinite term by
majority vote of the commission, the city
attorney to serve at the pleasure of
commission. Special counsel may be
appointed as the need arises and shall
serve at the pleasure of commission.
(b) Removal. The city attorney and
special counsel, at all times, shall hold
office at the pleasure of a majority of
CHA RTER
Section 5.01
the commission. Assistant city attorneys
may be removed with or without cause by
the city attorney.
(e) Compensation. The commission
may, from time to time, fix the regular
compensation of the city attorney, and
assistant city attorneys, if any, at a
Sum commensurate with the duties which
may be imposed on them by this charter
and by the commission; provided, that all
special or unusual services required of
the City attorney and assistant city
attorneys, if any, may be specially
compensated as the commission may see fit
to provide.
(Drd. 4-76, passed 2-23-76, App. at Ref..
2-2-76; Am. Ord. 9-83, passed 1-25-83,
App. at Ref.. 3-1-113)
Section 4.09. DUTIES OF LEGAL COUNSEL.
The city attorney with the assistance
of the city clerk shall prepare all
ordinances, all contracts and other
instruments in writing in which the
municipality is concerned, or shall
endorse on each, his approval as to
form. No contract with the municipality
shall be binding upon the muniCipality
until the city attorney has endorsed his
approval thereon, and this proy!. ion
shall be strictly construed by all courts
of this state. When required by the
commission, the City attorney shall
prosecute and defend, for and in !:lehalf
of the city, all complaints, suits and
controversies in which trhe city is a
party.
The city attorney shall furnish the
commission, city manager and department
heads his opinion on any question of law
relating to their respective powers and
duties; and he shall perform such other
professional duties as may be required of
him by ordinance, resolution or motion of
the commission, by this charter or by
spec i al acts.
Assistant city attorneys shall
perform those duties assigned them by the
city attorney. Special counsel shall
perform those duties assigned them !:ly
commission.
COrd. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
ARTICLE V. ELECTIONS
Section 5.01. ELECTORS.
Any person who is a resident of the
municipality, who has qualified as an
elector of this state, and who registers
in the procedural manner prescribed by
general law and ordinance of the
muniCipality, shall be a qualified
elector of the muniCipality.
COrd. 4-76, passed 2-23-76, App. ~t R.ef.,
2-2-76)
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Section 5.02
DELRAY BEACH
Section S.02. ~ES OP ELECTIONS.
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(A) Types of elections. Elections
to be held in the city shall be either
first nonpartisan, second nonpartisan or
special and they shall all be conducted
on a nonpartisan basis without regard for
or designation of political party
affiliation.
(1) First nonpartisan elections
shall be held on the second Tuesday in
March of each year for the purpose of
electing officers of the city and such
other purposes as the commission may
prescribe.
(2) Second nonpartisan elections
shall be held, if necessary, on the
fourth Tuesday in March of each year for
the purpose of electing officers of the
city and such other purposes as the
commission may prescribe.
(3) All other municipal elections
that may be held by authority of this
charter, or of any law, shall be known as
special elections.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76; Am. Ord. 7-83, passed 1-25-83,
App. at Ref., 3-1-83)
Section 5.03. FORM OF BALLOTS
(a) Arrangement of names on ballot.
The names of the candidates for each
commission office seat and for the office
of mayor shall be arranged separately and
alphabetically and nothing on the ballot
shall oe indicative of the source of the
candidacy of any candidate.
(b) A charter amendment, initiative
petition or referendum ordinance to be
voted on by the city shall be presented
for voting by ballot title. The ballot
title of a measure may differ from its
legal title and shall be a clear concise
statement describing the substance of the
measure without argument or prejudice.
3elow the ballot title shall appear the
following question: "Shall the above
descr ibed (charter amendment) (ini tiati ve
petition) (referendum ordinance) be
adopted?- Immediately below such
question shall appear, in the following
order, the words "for approval" and also
the words "against approval" with a
sufficient blank soace thereafter for the
placing of the symbol "X" to indicate the
voter's choice or with a lever opposite
"for approval" or "against approval" if
voting machines are used.
(Ord. 4-76, passed 2-23-75, Ap9. at Ref.,
2-2-76, Am. Ord. 99-85,
passed 9-24-85, App. at Ref., 11-5-85)
Section 5.04. ELECTIONS GENERALLY.
(a) Number of votes per elector.
CHARTER
10
Each elector shall be entitled to vote
for each of the vacant seat numbers for
the office of commissioner and shall also
be entitled to one vote for a candidate
for the office of mayor when there is a
vacancy in that office; provided,
however, no elector shall be entitled to
cast more than one vote for any candidate.
(b) Majority to elect in first
nonpartisan election.
(1) In the first nonpartisan
election, a candidate for each of the
seats on the ballot for the offices of
commissioners or for the office of mayor
who receives votes from a majority of all
electors casting ballots for that office
shall be declared to be elected to the
office for which he or she is a
candidate; provided, however,
notwithstanding the foregoing provision,
should no candLdate receive votes from a
majority of all electors casting ballots
for that seat for commissioner or for the
office of mayor, then the two candidates
receiving the highest number of votes
shall be declared candidates for the
second nonpartisan election.
(2) In the event that not more than
one person qualifies as a candidate for
each of the seats for the offices of
commissioners or for the office of mayor
in the fir5t nonpartisan election, then
an election shall not be held. Each
candidate shall be deemed to have voted
for himself/herself; provided, further,
that in the event that no person
qualifies as a candidate for any
particular seat for the office of
commissioner or for the office of mayor,
then those seat(s) for the office of
commissioner or for the office of mayor
shall be declared vacant and it shall be
the duty of the members of the commission
who a~e seated following the
organizational meeting provided for in
Section 3.01 of this charter, by majority
vote to appoint a quali~ied person to
fill the vacancy. Such an appointed
member to fill a vacancy of a seat for
the office of commissioner shall serve
until the last Thursday in March
following the next regular city election
or until the last Friday in March should
the last Thursday fall on a legal
hOliday, and the remainder of the
unexpired term shall be filled by
election at the next regular city
election in the manner orovided for in
this article of this ch~rter. ~or a
vacancy occurring in the office of mayor,
the appointed member shall serve until
the last Thursday in March following the
next re~ular city election, or until the
last FrIday in March should the last
Thursday fall on a legal holiday, and a
new election shall be ~eld at the next
regular city election for a full two-year
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DELRAY BEACH
term as provided for in this charter.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
(c) Candidates for second
nonpartisan election.
(1) In the second nonpartisan
election, there shall be on the ballot
those candidates for seats for the office
of commissioner or for the office of
mayor for those offices wherein a
candidate did not receive votes fran a
majority of all electors casting ballots
for that seat or office in the first
nonpartisan election. The names of the
candidates to be voted upon at the second
nonpartisan election shall be the two
highest .vote getters of the first
nonpartisan election. In the event of
two (2) or more candidates receiving an
equal number of votes which are either
the highest or second highest votes in
the first nonpartisan election, then all
such tied candidates shall qualify for
the second nonpartisan election.
(2) In the event a candidate
withdraws or dies before the second
nonpartisan election and leaves only one
candidate for each vacancy for a seat for
the office of commissioner or for the
office of mayor to be filled, then the
second nonpartisan election shall not be
held. Each candidate shall be deemed to
have voted for himself/herself.
(d) Method of election in a second
nonpartisan election. In the second
nonpartisan election, the remaining
offices shall be filled by the
candidate(s) receiving the highest number
of votes for each seat for the office of
commissioner or for the office of mayor.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76; Am. Ord. 68-78, passed - - 78,
App. at Ref., 11-7-78; Am. Ord. 7-83,
passed 1-25-83, App. at Ref., 3-1-83; Am.
Ord. 99-85, passed 9-24-85, App. at Ref.,
11-5-85)
Section 5.05. RETURNS OF ELECTIONS.
(a) The results of the voting, when
ascertained by the supervisor of
elections, shall he returned in
duplicate; one copy to be delivered to
the Mayor and the other to the city
clerk, both of whom shall transmit such
returns to the commission at a called
meeting to be held not later than three
(3) days after such el~ction. At such
meeting the commission shall canvass the
returns, and in the absence of a
declaration of a contest by any of the
candidates in such election, shall
declare the results of the election as
shown by the returns made by the
supervisor of elections.
CHAR'i....&(
Section 5.09
(b) The city clerk, not later than
noon the second day thereafter, shall
furnish a certificate of election to each
person shown to be elected.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76; Am. Ord. 2-82, passed 1-26-82,
App. at Ref., 3-2-82)
Section 5.06. JUDGE OF ELECTION AND
QUALIFICATION.
The commissioners shall be the judge
of the qualifications of its own members,
and the city clerk shall be the judge of
the election and election returns for the
office of mayor and for the offices of
commission seats.
(Ord. 4-76, passed 2-23-76, App. at Ref..
2-2-76, Am. Ord. 101-85, passed 9-24-a5,
App. at Ref., 11-5-85)
Section 5.07. SPECIAL ELECTIONS.
(a) The commission shall provide the
time, manner and means of holding any
special election, provided that no
special election shall be called less
than thirty (30) days following the
adoption of a resolution calling for such
election.
(b) The commission shall prescribe
by ordinance the method and manner of
holding all elections in the ci~y, and
shall provide when and how special
elections shall be called and held which
are not provided by the terms of this
charter. All elections shall be
condLlc"ted in accordance with this charter
and with the provisions of general law.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 5.08. STRAW VOTE ELECTIONS.
The commission is also empowered and
authorized to spend public funds for the
conduct of straw vote elections upon a
determination by the commission that it
is in the best interest of the city to
obtain an expression of the people with
respect to a particular municipal
question. The commission shall have the
right to hold a straw vote election at
any time, and may presc:ibe limitations
relating to the eligibility of those who
shall be qualified to participate. The
results of said election shall not be
binding on the commission.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 5.09. RECALL.
The qualified voters of the city
shall have the power to recall and to
remove from office any elected official
of the city as provided by general law.
COrd. 4-76, passed 2-23-76. App. at Ref.,
2-2-76)
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section 6.01 DELRAY BEACH
ARTIC~ VI. INITIATIVE, REFERENDUM"
*Edltor'e Note:
This Article VI shall apply to all
initiative and referendum situations
within the city, unless otherwise
governed by F.S. 55 166.031, 171.0413,
and 171.051.
Section 6.01. INITIATIVE.
The qualified voters of the city
shall have the power to propose
ordinances to the commission and, if the
commission fails to adopt an ordinance so
proposed without any change in substance,
to adopt or reject it at a city election,
provided that such power shall not extend
to the budget or capi tal program or any
ordinance relating to appropriation of
money, levy of taxes or salaries of city
officers or employees.
COrd. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 6.02. REFERENDUM.
The qualified voters of the city
shall have power to require
reconsideration by the commission of any
adopted ordinance and, if the commission
fails to repeal an ordinance so
reconsidered, to approve or reject it at
a city election, provided that such power
shall not extend to the budget or capital
program or any emergency ordinance or
ordinance relating to appropriation of
money, levy or (of) taxes or salaries of
city officers or employees.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 6.03. COMMENCEMENT OF
PROCEEDINGS.
(a) Any five (5) qualified voters
may commence either initiative or
referendum proceedings by filing with the
city clerk or other official designated
by the commission an affidavit stating
they will constitute the petitioners'
committee and be responsible for
CirCUlating the petition and filing it in
proper form, stating their names and
addresses and specifying the address to
which all notices to the committee are to
be sent, and setting out in full the
proposed initiative ordinance or citing
the ordinance sought to be reconsidered.
(b) Pranptly after the affidavit of
the petitioners' committee is filed, the
clerk or other official designated by the
commission may, at the committee's
request, issue the appropriate petition
blanks to the petitioners' committee at
the committee's expense.
(Oed. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
CHARTER 12
Sect i on 6.04. PETITIDNS.
(a) Number of signatures.
Initiative and referendum petitions must
be signed by qualified voters of the city
equal in number to at least fifteen (15)
per cent of the total number of qualified
voters registered to vote at the last
regular city election.
(b) Porm and content. All papers
of a peti tion shall be uniforM in si ze
and style and shall be assembled as one
instrument for filing. Each signature
shall be executed in ink 'or indelible
pencil and shall be followed by the
address and precinct number and date of
signing of the person Signing. Petitions
shall contain or have attached thereto
throughout their circulation the full
text of the ordinance proposed or sought
to be reconsidered.
(c) Affidavit of circulator. Each
paper of a petition shall have attached
to it when filed an affidavit executed by
the circulator thereof stating that he
personally circulated the paper, the
number of signatures thereon, that all
the signatures were affixed in his
presence, that he believes them to be the
genuine signatures of the persons whose
names they purport to be and that each
signer had an opportunity before signing
to read the full text of the ordinance
proposed or sought to be reconsidered.
Cd) Time for filing referendum
petitions. Referendum petitions must be
filed within sixty (60) days after
adoption by the commission of the
ordinance sought to be reconsidered.
(e) Time for filing initiative
petitions. Initiative petitions must be
filed within sixty (60) days of the first
signature thereon and signatures may not
be procured prior to the time of
commencement of proceedings as set forth
in Section 6.03. When the petitions have
been filed, the city clerk shall submit
the same to the commission at its next
regular meeting and provisions shall be
made by the city clerk for public
hearings upon the proposed ordinance.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 6.05. PROCEDURE FOR FILING.
(al Certificate of city clerk;
amendment. Within twenty (20) days after
the initiative petition is filed and five
(5) days for a referendum petition, the
city clerk or other official designated
by the commission shall complete a
certificate as to its sufficiency,
specifying, if it is insufficient, the
particulars wherein it is defective and
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DELRA Y BEACH
shall promptly send a copy of the
certificate to the petitioners' committee
by registered mail. Grounds for
insufficiency are only those specified in
Section 6.04. A petition certified
insufficient for lack of the required
number of valid signatures may be amended
once if the petitioners' committee files
a notice of intention to amend it with
the city clerk or other official
designated by the commission within two
(2) days after receiving the copy of his
certificate and files a supplementary
petition upon additional papers within
ten (10) days after receiving the copy of
such certificate. Such supplementary
petition shall comply with the
requirements of subsections (b) and (c)
of Section 6.04, and within five (S) days
after it is filed the city clerk or other
official designated by the commission
shall camplete a certificate as to the
sufficiency of the petition as amended
and promptly send a copy of such
certificate to the petitioners' committee
by registered mail as in the case of an
original petition. If a petition or
amended petition is certified sufficient,
or if a peti tion or amended peti tion is
certified insufficient and the
petitioners' committee does not elect to
amend or request commission review under
subsection (b) of this section within the
time required, the city clerk or other
official designated by the commission
shall promptly present his certificate to
the commission and the certificate shall
then be a final determination as to the
sufficiency of the petition.
(b) Commission review. If a
pertition has been certified insufficient
and the petitioners' committee does not
file notice of intention to amend it or
if an amended petition has been certified
insufficient, the committee may, within
two (2) days after receiving the copy of
such certificate, file a request and
approve or disapprove it, and the
commission's determination shall then be
a final determination as to the
sufficiency of the petition.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 6.06. REFERENDUM PETITIDNS,
SUSPENSION OF EFFECT OF ORDINANCE.
When a referendum petition is filed
with the city clerk or other official
designated by the commission, the
ordinance sought to be reconsidered shall
be suspended fran taking effect. Such
suspension shall terminate when:
(1) There is a final determination
of insufficiecy of the petition, or
(2) The petitioners' committee
withdraws the petition, or
CRART.L...1.
Section 6.08
(3) The commission repeals the
ordinance, or
(4) After a vote of the city on the
ordinance has been certified.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 6.07. ACTION ON PETITIDNS.
(a) Action by commission. When an
initiative or referendum petition has
been finally determined sufficient, the
commission shall promptly consider the
proposed initiative ordinance in the
manner provided by general law for
passage of ordinances or reconsider the
referred ordinance by voting its repeal.
If the commission fails to adopt a
proposed initiative ordinance without any
change in substance within Sixty (60)
days or fails to repeal the referred
ordinance within thirty (30) days, it
shall submit the proposed or referred
ordinance ,to the voters of the city.
(b) Submission to voters. The vote
of the city on a proposed or referred
ordinance shall be held not less than
thirty (30) days and not more t~an sixty
(60) days from the date that the petition
was determined sufficient. If no regular
city election is to be held within the
period described in this subsection, the
commission shall provide for a special
election except that the commission may
in its discretion provide for a special
election at an earlier date within the
described period. Copies of the proposed
or referred ordinance shall be made
available at the polls.
(c) Withdrawal of petitions. An
initiative or referendum petition may be
withdrawn at any time prior to the
fifteenth day preceding the day scheduled
for a vote of the city by filing with the
city clerk or other official designated
by the commission a request for
withdrawal signed by at least four (4)
members of the petitioners' committee.
Upon the filing of such request the
petition shall have no further force or
effect and all proceedings thereon shall
be terminated.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 6.08. RESULT OF ELECTION.
(a) Initiative. If a majority of
the qualified electors voting on a
proposed initiative ordinance vote in its
favor, it shall be considered adopted
upon certification of the ~lection
results and shall be treated in all
respects in the same manner as ordinances
of the same kind adopted by the
commission. If conflicting ordinances
are approved at the same election, the
one receiving the greatest number of
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Section 7.01
DELRAY BEACH
affirmative votes shall prevail to the
extent of such conflict.
(b) Referendu.. If a Majority of
the qualified electors voting on a
referred ordinance vote against it, it
shall be considered repealed upon
certification of the election results.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
ARTICLE VII. TRANSITION SCHEDULE
Section 7.01. CONTINUATION OF FORMER
CHARTER PROIlISIONS.
All provisions of Chapter 25786, taws
of Florida, Special Acts 1949, as amended
by special law or otherwise which are not
embraced herein and which are not
inconsistent with this charter shall
become ordinances of the City subject to
modification or repeal in the same manner
as other ordinances of the city.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 7.02. ORDINANCES PRESERVED.
All ordinances in effect upon the
adoption of this charter, to the extent
not inconsistent with it, shall remain in
force until repealed or changed as
provided herein.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 7.03. RIGHTS OF OFFICERS AND
EMPLOYEES.
Nothing in this chapter except as
otherwise specifically provided shall
affect or impair the ~ights or priVileges
of persons who are City officers or
employees at the time of adoption.
Elected officers shall continue to hold
their offices and discharge the duties
thereof until their successors are
elected .
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 7.04. PENDING MATTERS.
~ll rights, claims, actions, orders,
contracts and legal or administrative
proceedings involving the city shall
continue except as modified pursuant to
the provisions of this charter. All
~ight, title and interest in property,
real or personal, uncollected taxes due,
claims, judicial decrees, tiens, suits,
actions and choses in action held or
owned by the existing muniCipality shall
pass and the same are hereby vested in
the municipality continued under this
revised charte!'.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
CHARTER
14
Section 7.05. OIlLIGl\.T1:OR DP CONTRACTS
PRESERVED.
No debt or obligation of contract of
the city shall be changed as a result of
the adoption of this charter. All such
debts and Obligations Shall pass to and
be binding upon the municipality which is
hereby continued.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 7.06. INITIAL SALARY OF
COMMISSIDNERS.
Members of the conuaission shall
receive an annual salary in the amount of
three thousand six hundred dollars
($3,600.00) and the mayor shall receive
an annual salary in the amount of four
thousand eight hundred dollars
($4,800.001 until such is changed by the
commission in accordance with the
provisions of this charter.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
Section 7.07. DELETIOll OF DBSOLETE
SCHEDllLE ITEMS.
The commission shall have power, by
resolution, to delete from this Arti~te
VIr any section, i~cluding this one, when
all events to which th& section to be
deleted is or could become applicable
have OCcur red.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-76)
ARTICLE VIII. 'lllNICIPAL COURT
Editor's note--Section 8.13 of this
Charter provided that all of Article VIII
of the Charter would be repealed upon the
abolition of the municipal court, l!xcept
for section 8.02{b) as pertains to the
City ~lerk, and redesignated section
8.02(b) as section 3.10 entitled
.commission investigations.- Since the
municipal court was abolished by Florida
Constitution Article V, S 20, the editors
have followed the directions of section
8.13 by deleting Art. VIII and codifying
former S 3.10.
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MEMORANDUM
TO:
Malcolm T. Bird, Interim City Manager
FROM: ~bert A. Barcinski, Asst. City Manager/Community Services
SUBJECT: CLOTHING ALLOWANCE - FIRE DEPARTMENT PERSONNEL
DATE: November 7, 1989
As requested, I researched this item with Chief Koen.
arrival, our Fir€ inspectors and a few other personnel
allowances. Chief Koen did away with this practice
personnel go to uniforms.
Chief Koen does not have a clothing allowance, although he does have a
uniform available if he needs to use it. He has indicated that he has
advised the staff that there may be occasions where it may be more
appropriate to wear street clothes than uniforms, and they have his
authorization in those instances.
Prior to his
had clothing
and had all
Chief Koen felt that the Fire inspectors and Assistant Chiefs needed to
be in uniform.
RAB/sfd
[ITY DF DELRAY IEA[N
100 NW. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243-7000
MEMORANDUM
TO:
Mayor and Commission
FROM: ~~Malcolm Bird, Interim City Manager
SUBJECT: "GROSSING UP" OF STAFF CLOTHING ALLOWANCE - POLICE DEPARTMENT
DATE: November 3, 1989
This item is on workshop at the request of the Commission.
Background on the item is that in prior discussions, the Commission has
elected to "gross up" uniform allowance for lieutenants and below in
the Police Department. No reference was made to those above that rank
and therefore at this point in time no action has been taken by the
Administration regarding this issue.
With regard to the exhibits prepared and sent to you by Chief Kilgore,
I have a concern only about the last page. It would seem to me that we
have no requirement to provide uniforms to individuals who have been
receiving uniform allowances for the maintenance of their uniforms for
as long as they have been members of the Police Department.
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THE EFFORT ALWAYS MATTERS
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300 West Atlantic Avenue
(407) 243-7888
. Delray Beach, Florida 33444-3666
Fax (407) 243-7816
MEMORANDUM
m~
Delray Beach Police Department
CHARLES KILGORE
Chief of Police
TO: Malcolm Bird, Interim City Manager ~
FROM: Charles Kilgore, Chief of Police
DATE: October 26, 1989
SUBJECT: "GROSSING ~ QE STAFF CLOTHING ALLOWANCE
The recent decision by the City of refusing to "gross up" the clothing
allowance checks for staff members of the police department has, it
would seem, now become a public issue to be discussed at an upcoming
workshop of the City Commission. I have attached for your review a
recent survey of eight (8) neighboring law enforcement agencies with
clothing allowance amounts and those entitled to clothing and/or
cleaning allowances. You will note that Delray Beach simply mirrors
the practices of the other agencies listed and is, in fact, at the
lower end of the scale in most comparisons.
Law enforcement in this area underwent the transition from uniforms to
civilian clothing for the majority of staff level officers many years
ago in order to project an image both professiOnal and contemporary.
Although the clothing allowance amount has been modest, it has provided
a salary supplement to those union and non-union officers assigned to
qualified positions. I have also attached the cost projections
associated with the initial purchase costs for uniforms for staff
officers and the similar replacement costs. As you can see, it does
not appear to be cost effective nor will it save the City money.
It is my opinion that this entire issue has become one of principle
rather than of dollars and cents. I have been told by my staff
officers that they consider exclusion from the "grossing up" process
discriminatory and motivated by their non-union status and that they
may investigate possible avenues available to remedy this situation.
sUbmitted,
HARLES KILGORE
Chief of Police
CK/WHC/gb
Attachments
cc: Major Cochrane
Major Lincoln
All Captains
All Commissioners
PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER
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WEAR UNIFORM OR CIVILIAN ATTIRE
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0 ..... " ... '"
" ....c 4-<.c .c .c oj.c ".c
oj 0 " u ... u " ... e u Q.u .... U ... e
u ... ",oj " oj ... ... ..... oj e oj > oj "'.....
o oj 0 " " " '" 0 oj " 0 " .... " " oj
"'''' "'''' ""'" ...l::>: "'''' 0..'" "'''' ::>:0..
LA.
U (C) C C C C U C U C
- C - - - , U C U C
U (Cl - U C C - U C - -
U C U C C U U C - U (U) C
U C C C C C U C U U C
U C C - C C U C U C
C C C C C U C C C
CHIEF
ASST. CHIEF
MAJOR
CAPTAIN
LT.
(other than Patrol)
DETECTIVES
U = Uniform
C = Civilian Attire
( ) = predominant Attire
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CLOTHING/CLEANING ALLOWANCE SURVEY
10/25/89
.<::
"0 u
M '"
" " '" 0 '" '"
"'0 0 ..... " ... '"
u'-' '-'.<:: .....<:: .<:: .<:: "'.<:: "'.<::
0", " U ... U '" '-' e u o..u ..... u '-' e
"'''' ,.,'" '" '" '" ... M '" e '" > '" ",..,
o '" '" '" '" 0 '" '" o '" ..... '" <II '"
"'''' ""'" ,...1;3: 0..'" 0..'" "'''' ;3:0..
CLOTHING ALLOWANCE
(1) Avg*
Chief 200 1000 450 400 450 400 700
Staff 1000 450 400 450 400 700
Uniform Ofc. 760
Sgt. 1000 450
Detectives 180 760 450 400 450 400 500
TAXED? No No No No No Yes No Yes
Paid by? N/A N/A N/A N/A N/A Empl N/A Empl
Grossed up? N/A N/A N/A N/A N/A No N/A No
CLEANING ALLOWANCE
Chief 290 676
Staff 290 676
Uniform Ofc. 364
Sgt. 290 455 200 276 275 676 500
Detectives 290 364 200 676 500
TAXED No No No Yes No No Yes Yes
Paid by? N/A N/A N/A Empl N/A N/A City Empl
Grossed up? N/A N/A N/A No N/A N/A No No
Is there a difference
in clothing allowance
between union & non- (2)
union? No Yes No No N/A No No Yes
Amount N/A 240 N/A N/A N/A N/A 700
Is there a difference
in cleaning allowance
between union & non-
union? No Yes Yes Yes N/A No No Yes
Amount Ofc. 364
Sgt. N/A 455 200 276 N/A N/A 500
(1) Civilian attire purchased by City, average cost of $200 per year.
(2) All non-union at Palm Beach.
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In order to provide uniforms and related equipment for staff
officers, the initial cost would be:
~ Person
$798.99 X 7 (staff officers) = $5,586.63
With a subsequent annual replacement cost of:
$349.93 X 7 (staff officers) = $2,386.51
(NOTE: Does not include inflation.)
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PLANNING AND ZOHING DEPAR'l'MENT MEMORANDUM
TO:
MALCOLM T. BI'" ' INTERIM CITY
~/7~- .:o.-'L-
THROUGH: FRANK R. SPENCE, DIRECTOR
c::ELOPMENT SERVICES GROUP
_ CV----t- ~ ~~ ~ <...:: eve's,.....
FROM: D ID J. KOVACS, DIRECTOR
PLANNING AND ZONING
MANAGER
DATE: OCTOBER 4, 1989
SUBJECT: CODE AMENDMENT REGARDING "SIDEWALK CAFES"
In doing the research on this sUbject I have discovered that
"outdoor dining" is an allowable use in the Limited Commercial
(LC) and Central Business District (CaD) zoning districts. Thus,
"sidewalk cafes" when located upon private property, adjacent to
a public sidewalk is allowable.
In further research it appears that the genesis of the request
pertains to allowing the placing of tables and chairs and the
serving of food and beverage upon public sidewalks i.e. within
dedicated public rights-of-way. If this is the case, it is more
appropriate to address the matter through amendment to Title IX
GENERAL REGULATIONS, Chapter 102 Streets and Sidewalks. I noted
that a permit is required under 102.01 for any "use of city-owned
property or public rights-of-way for purposes other than for
which they were intended". It appears that a new subsection
should be created in the same manner that "newsracks" were
accommodated in a new subsection 102.40.
If the above is correct, it is appropriate that regulations and
the enacting ordinance be prepared by the City Attorney and that
the entire matter be handled by the City Commission unless
specifically delegated to others for input and or review.
As a side comment, the practice of allowing use of the public
sidewalk for such purposes may be ill-advised.
DJK/cm
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Mary McCarty, Commissioner
Gates Castle, City Engineer
Herb Thiele, City Attorney
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[ITY DF DELRAY BEA[H
100 NWIIfE~IiIDUM DELRAY BEACH, FLORIDA 33444
407/243,7000
TO:
Honorable Mayor and City Commissioners
FROM: ~Malcolm T. Bird, Interim City Manager
SUBJECT: COUNTY TRI-RAIL/TRAIN STATION
DATE: November 3, 1989
The temporary site for the Tri-County Rail Train Station is the old
Delray Beach Train Depot off of Atlantic Avenue. This temporary site
was selected after negotiations failed to locate the site at the Delray
Park of Commerce property at Lake Ida Road and Congress. A lease has
not yet been executed designating the old train depot as a permanent
site for the Tri-County Rail Station.
Alternatives have been pursued with the Federal Highway Administration
and State DOT regarding access to the old train depot. These options
are:
1. An Atlantic Avenue Connection;
2. A new at grade vehicular railroad crossing from west of
the station; and,
3. An at grade pedestrian crossing.
The Federal Highway Administration and State DOT will not concur with
the first two alternatives. The at grade pedestrian crossing would
require acquiring property west of the tracks for parking.
Another alternative has now become available because of a
reorganization action on the part of the Utilities Department which was
commenced prior to my becoming the Interim City Manager. Mr. Greenwood
has moved most of his operation, and will have completed shortly, a
total relocation of his employees from the site on Lake Ida Road.
Since this site was not available to the Commission at the time you had
previously discussed Tri-Rail Station locations, it was felt that
appropriately, it should be reviewed before any final decision was made
by the Commission.
Florida Power and Light has agreed to allow a portion of the platform
to be placed on their property south of our site. This would allow
room for a train to park without blocking Lake Ida Road. A sketch plan
is attached for your review. The advantages of this site are:
1. The platform and parking will be on the same site.
2. It is more convenient for use as a surface transportation hub.
It has direct access to both east/west and north/south collector
roads.
THE EFFORT ALWAYS MATTERS
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3. It is more visible to Police Patrol.
4. The improvements would be made on property owned by the City
and thus benefitting the citizens of Delray Beach.
Funding in the amount
station and parking at
would be funded is a
alternative is brought
RAB/sfd
of $300,000 is still available to construct the
our site, however, the final decision on what
decision of the Tri-County Rail Authority. This
before Commission for discussion.
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pm,LIMINARY COST ESTIMATE
TRI-RAIL SThTION
OCTOBER 30, 1989
BY: GEORGE ABOU-JA0UDE
UNIT
DESCRIPTION QUANTITY UNIT PRICE TOTAL
DEMOLITION/EARTHWORK 1 L.S. S 75,000 S 75,000.00
GRADING AND STABILIZhTION 1 L.S. 10,000 10,000.00
FRENCH DRAIN 450 L.F. 45 20,250.00
CATCH BASIN 4 EA. 1,400 5,600.00
ASPHALT (1~") 5,010 S.Y. 4.7.5 21,292.50
LU1EROCK (6" ) 5,010 S.Y. 5.50 27,555.00
CONCRETE RAMPS 113 S.Y. 25 2,825.00
CONCRETE CURB W/4"
TACTILE STRIP 400 L.F. 15 6,000.00
PIPE HANDRAIL 340 L.F. 10 3,400.00
P LA TFO R/1 1 L.S. 7,000 7,000.00
CANOPY SHELTERS 1 L.S. 20,000 20,000.00
LANDSCAPE AREA 1 L.S. 15,000 15,000.00
LIGHTING 1 L. S. 12,000 12,000.00
S 225,922.50
15% CONTINGENCIES 33,888.40
S 259,810.90
U.. $280,000.00
d work On Lake Ida Road, any
Th.._'S estimate does not include an.y roa way
f t no sewer and septic tank,
wa~er mains or hydrants, relocat~on 0 exis i ~
or re10cat~on of power poles.
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P/,I W u.l W W W W I.l.l W W W W UJ UJ
!...~,ml N~ '" EXI W > > > > > > > > > > > ..i > >!
~'9h P.'ol_~7~" _~ ~ <{Is~ 0( <{ ,_~ <( ~ 's~ 4. -S; 4. 5;
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LOCATION
SKETCH
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NOTES:
1.) PARKING SPACES PROVIDED = 87 SPACES
2.) THIS PROPOSAL IS ONLY A SCHEMATIC
3.) All lOCATIONS ARE APPROXIMATE
MEMORANDUM
TO:
Honorable Mayor and City Commission
J;
FROM:
Malcolm T. Bird, Interim City Manager
SUBJECT: VEHICLE USE, ASSIGNMENT AND ALLOWANCE POLICY
DATE: November 2, 1989
The City Manager is currently reviewing authorizations for take home
vehicles. Concurrently with this review, the Commission was sent a
questionnaire and a proposed Comprehensive Fleet Management POlicy,
the purpose of which was to obtain your input prior to revising
Administrative POlicy GA-4 "Vehicle Use Policy" dated May 1, 1985. As
the current Vehicle Use policy is general in nature, we are attempting
to develop stricter criteria for the assignment of City vehicles and
allowances, using the questionnaire, Fleet Management Policy and your
input.
Previously, a list of all take home vehicle assignments was sent to
Commissioners. There are a total of 64 take home vehicles assigned,
the majority of which are assigned to specific individuals. Attached
is a list of employees receiving vehicle allowances as requested by Mr.
Weatherspoon.
.In the past, the City Manager did not have specific criteria, policy
input or direction from the Commission concerning take home or vehicle
allowances. Car allowances were approved by the City Manager with
funding approved by the City Commission during the budget process. The
allowances were provided as a condition of employment or promotion and
in lieu of use of a City vehicle. There is no specific set rate,
however the standard allowance is approximately $125 per month. Some
of the allowances are higher. This is due to position or the
perception that these individuals drive more on City business.
In order to standardize the process of authorizing allowances,
Departments receiving allowances were requested to provide mileage
information for City use of their personal vehicles. Utilizing this
mileage, base vehicle costs, standard insurance costs, and Hertz
information for maintenance cost, a Driver Reimbursement Index for
Vehicle Expense was calculated. These expenses range from a low of
$11.50 to a high of $244.63 per month, the average being $109.33 per
month. Staff is available to answer any questions prior to t~e
meeting.
Request City Commission direction regarding this item at your November
7th workshop meeting.
MTB:cl
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Defray
Beach
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ADMINISTRATIVE
POLICIES AND PROCEDURES
MANUAL
SUBJECT: GENERAL
ADMINISTRATION: VEHICLE
USE POLICY
NUMBER
GA-4
SUPERSEDES
o
REVISIONS
o
APPROV
EFFECTIVE DATE:
May 1, 1985
PAGE
1 OF
1
GA-4.0 Puroose
City vehicles are furnished to certain employees of the City for
the purpose of assisting and ensuring the efficient and reliable
accomplishment of municipal business. Unless otherwise indicated by an
explicit agreement between the employee and the City, vehicles are as-
signed for official government use only and are not to be used for
personal purposes' or regarded as compensation.
GA-4.1 General Use
Because of the high costs of vehicle purchase, operation .and
maintenance, City vehicles should' be used and operated as safely and
economically as possible. Trips should be minimized, to the extent con-
sistent with accomplishment of official business, and drivers should
utilize methods of good maintenance and economical operation.
~A-4.2 Bome Storage and Off-Duty Use
Some persons may be assigned a vehicle to be quartered at their
homes overnight. These persons may include managerial, professional or
technical personnel or other employees who may be on call for emergen-
cies, who must be accessible to radio calls, who may often conduct work
or attend meetings in their official role after regular work hours, or
who may begin their vehicle-based work near their homes. If assigned a
vehicle for one or more of these purposes, an employee may drive the
vehicle to and from work and may, to the extent necessary, use the
vehicle to travel to their meal during their meal period. In some
instances, employees may be required to keep their City vehicle with
them while not engaged in City business in order to maintain communi-
cations contact and fulfill stand-by work responsibilities.
Authorization for take-home vehicle use requires a recommendation
by a department head and the approval of the City Manager~ Approvals of
take-home use will be based on such factors as the frequency and proba-
bility of outside-hours official use, the need for radio communications
access, the availability of reliable personal transportation, and the
alternative cost of compensation for personal vehicle use.
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[IT' DF DELIA' IEA[N
100 N.W. 1st AVENUE
DELRAY BEACH. FLORIDA 33444
407/243-7000
MEMORANDUM
TO:
Honorable Mayor and City Commissioners
FROM: ~Malcolm T. Bird, Interim City Manager
SUBJECT: VEHICLE USE AND ASSIGNMENT POLICY
DATE: October 6, 1989
Attached is a questionnaire which I am requesting Commissioners to
complete. For each statement, there is a multiple choice selection.
Please check one response per statement. Your answers will be utilized
in developing a Comprehensive Vehicle Use policy. This policy will be
on the October 24th agenda for approval. Once the policy is set, it
will require specific Commission action to amend. Please return
completed questionnaires to my office at your convenience. Attached is
a list of car allowance payments and a list of City vehicle
assignments.
MTBjrabjsfd
THE EFFORT ALWAYS MATTERS
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VEHICLE POLICY QUESTIONNAIRE
1. Take Home City Vehicle:
A. No Take Home Vehicle for any Employee
B. Employees on 24-hour Emergency CallOut. Who:
Use Specially Equipped Vehicle for more rapid response time.
Called out more than 4 times per month.
C. Emergency On Call Personnel and City Manager
D. Emergency On Call, City Manager, Assistant City Managers
E. Emergency On Call, City Manager, Assistant City Managers,
Department Heads
F. Emergency CallOut, City Manager, Assistant City Managers,
Departm~nt Heads, Assistant Department Heads
G. Emergency CallOut, City Manager, Assistant City Managers,
Department Heads, Assistant Department Heads, Division Heads
2. Take Home Vehicle Location
A. Only within City limits
B. Within City limits and Annexation Expansion Area
C. Up to 5 Miles from City limits
D. Up to 10 Miles from City limits
E. Beyond 10 Miles from City limits
3.
Take
A.
B.
C.
D.
E.
F.
Home Vehicle Use
Only to and from work, lunch and City business
May stop in route to and from work for personal business (all
categories) .
For personal use - City Manager only
For personal use - City Manager, Police Chief, Fire Chief
For personal use - City Manager, Police Chief, Fire Chief,
Other Department Heads
For personal use - all categories
4. Vehicle Allowance
A. No vehicle allowances
B. Optional for City Manager
C. Optional for City Manager, Assistant City Managers
D. Optional for City Manager, Assistant City Managers,
Department Heads
E. Optional for City Manager, Assistant City Managers,
Department Heads, Others
F. Only if more cost effective than a Take Home vehicle
5. Vehicle Allowance Amount
A. Per current rate of $125 per month with gross up for taxes
B. $125 per month without gross up for taxes
C. Less than $125 per month
D. More than $125 per month
E. Per Industry average cost per mile standard
F. Current I.R.S. rates per mile - only miles driven
6. Vehicle Assignment - No Take Home Use (Parked Overnight)
A. To individual employees who require use of at least 20 hours
per week
B. To individual employees who require use over 30 hours per
week
C. To individual employees who average use over 200 miles per
week
D. To individual employees who average use over 300 miles per
week
E. To individual employees who average use over 400 miles per
week
7.
Pool
A.
B.
C.
D.
E.
Vehicles
No pool vehicles
Vehicle pools assigned City wide
Vehicle pools assigned within specific departments
Vehicle pool by vehicle type
Combination of City wide/Department vehicle pools
[ITY DF DELAAY BEA[H
:00 N.'N ~st ":"VENUE
DELRAY BEACH, FLORIDA 33444
4071243-7000
MEMORANDUM
TO:
Honorable Mayor and City Commissioners
FROM:~ Robert A. Barcinski, Asst. City Manager/Community Services
SUBJECT: COMPREHENSIVE FLEET MANAGEMENT POLICY
DATE: October 11, 1989
Attached is a copy of
draft policy being
management issues; not
the policy requested by Commission. This is a
reviewed and modified and addresses various
just vehicle assignments.
The section on Managerial Car Reimbursement is being reviewed for
revision. As written, this would only allow mileage reimbursement for
personal vehicle use. We currently have many department heads
receiving a vehicle allowance for use of their own vehicle for City
business. Most of these department heads receive the allowance as a
stipulation of employment or previous promotion.
If there are any questions concerning the attached policy or
questionnaire you received, please call me.
RAB/sfd
THE EFFORT ALWAYS MATTERS
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- .~MENSIVE FLEET MANAGEMENT POLICY
CITY OF DELRAY BEACH
FLEET MANAGEMENT - ORGANIZATION AND RESPONSIBILITY
The City's fleet management organization consists of a
Fleet Manager with full authority and responsibility to
perform the followlng functions:
1) Coordinate planning for vehicle replacement and review
deoartmental requests for new or additional vehicles.
2) Coordinate the drafting of all specifications.
3) Schedule and operate fleet preventative and corrective
maintenance oroqram.
4) Govern the assignment and use of all City owned vehi-
cles and heavy equipment with the exception of Police~ Fire. and
emergency apparatus.
5) Manage fuel distribution and allocation at all City
fueling facilities.
6) Enforce deoartments and divisions adherence to the
Comprehensive Fleet Management Policy.
The Fleet Manager is responsible to the Director of Public
Wori<s.
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VEHICLE ASSIGNMENT AND U~E
Each vehicle in the General Fleet will be assigned a letter
designation to give overall quidance for the authorized use of that
vehicle. The "Vehicle Use MatrL," shown below identifies the major
categories of vehicle assiqnment and use. PolicE4 Fire~ and emergency
apparatus are not to be included in the following assignments.
VEHICLE U9E_MATR!X
Overnight Use
Permitted
Overnight Use
NOT Permitted
Assigned to
individual employee
A
B
Assigned to department
Or division
L
D
Assigned to inter-
departmental pool
E
Vehicle assignment will be divided into three qroUDS:
1) Vehicles permanently assigned to specific individual
emplovees
=
2)
Vehicles permanentlv assigned to departments or divi-
sions.
.
.
.
3) Vehicles permanently assigned to an interdepartmental
pool.
Vehicle use shall be governed by t""JO broad i;:p--oupings:
1) Vehicles permitted to be driven home by employees
overnight.
2) Vehicles which are parked overnight and during
non-working hours at City-owned locations.
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The category or matrL: quadrant assigned to each vehicle shall be
decided upon-mutually exclusive criterion as follows:
Category A - Vehicles Permanently Assigned to Employees for
Overnl.ght Use
1) Managerial employees as specified by the City Manager.
2) Emoloyees subject to call on a 24 hour basis who:
a) have vehicles esoeciallv equipped to ~erform a given
function: and
b} are called out at a frequency of two or more times a
month or must be available to implement major
disaster plans: and
c) have job responsibilities that require the employee
and vehicle to be available on a 24 hour basis.
3) Employees whose job responsibilities require highly
irregular work hout-s and where travel to and from
.various work sites is reQu1red as an integral part of
their job.
Cateqory B - Vehicles Permanently Assigned to Specified
Employees Without Overnight Use
Vehicles assigned to:
Employees whose Job resDo~sibilities require the use ofa
vehicle at least 30 hours per week or who travel an average
of 400 miles oer- "'.leek on Ci~'y business~ b~t do not meet the
managerial~ on call or irregular work hours criteria
requ~red for assignment to Category, A.
..'.... ":
Category C - Vehicles Permanently Assigned to Department for
Overnight Use
Vehicles not assigned to lndividual employees in Block
A and Block B, but designed or equipoed for emergency
response where response time will be enhanced by allowing
vehicles to remain in the custody of individual employees on
a rotating basis after normal worklng hours. More than one
employee must be capable of using the equipment in an
emergency. Each employee assigned to take the emergency
vehicle home must keeo the aporooriate disoatcher advised to
his or her whereabouts on a 24 hour basis or be equipped
with a beeper device so that he Or she may be reached at all
times.
Category D - Vehicles Permanently Assigned to Department
Without Overnight Use
Vehicles desiqned or eouipoed to oerform highly spe-
cialized functions which would preclude their use as pool
vehicles~ but do not require beino driven home by employees
to facilitate emergency response.
Category E - Vehicles Permanently Assigned to Interdepart-
mental Motor Pool
Vehicles not assigned to Categories A. B. C or D to be
stored, managed and scheduled for use at various City work
locations in a Motor Pool. These vehicles shall be available
to all Departments on a "r-eservedll basis and will be cha.rged
as a dal1v rental vehicle.
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VEH I CLE paOLI NG
Vehicles assigned to Category E shall be managed through a
Central Garage Pool set-uD to meet requirements for vehicle
availability at major City work locations. An employee at the
Central Garage shall be named to administer the pool. He or she
will be responsible for scheduling and controlling the use of vehicles
assigned to the Cent~al Ga~age Vehicle Pool.
MANAGERIAL CAR REIMBURSEMENT
The practice of reimbursement to specified managerial
employees as partial compensation for use of private vehicles on
City business shall be instituted as a substitute for assignment
of a vehicle for overniqht use. The reimbursement shall be paid at
the current I~R.8. rates on a per mile basis.
Vehicle reimbursements are an adjunct to vehicle assignment and
use policy. The reimbursement would be intended to supplement only
a portion of the cost of owninq and operating an automobile in
compensation for the use of that vehicle on Citv business.
NON-MANAGERIAL REIMBURSEMENT
To save on purchase and maintenance cost~. of Cit'y. awned vehicles,
employees shall be allowed on approval of their Department/Division
Head to use personai vehicles for City purposes. These uses shall
be reimbursed at the current I.R.S. rates on a per m~le basis.
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M E M 0 RAN DUM
TO: David M. Huddleston. Director of Finance.
FROM:
r
Yvonne Kincaide, Budget Director
DATE:
August 4, 1989
SUBJECT: FY 1989-90 Car Allowance Payments
Emp loyees receiving monthly automobile allowances are as
follows:
Department Employees Allowance Amount
./City Clerk Elizabeth Arnau $125.00
,/personnel Martha Ritchason $125.00
~Budget Director Yvonne Kincaide $125.00
vInternal Auditor Frank Deering $125.00
vPinance David Huddleston $125.00
,/purchasing Ted Glas $125.00
Mgmt Info Systems Richard Zuccaro $125.00
vtngineering Gates Castle $150.00 .
~isk Management Lee Graham $125.00
City Attorney Herbert Thiele $150.00
City Attorney Jeff Kurtz $125.99
City Attorney Susan Ruby $125.00
~Asst City Manager John Elliott $150.00
~Community Improv Lula Butler $125.00
v'Public Utilities William Greenwood $161.23 .
Note: The above amounts are subject tD a gross up.
The City Attorney's allowance is increasing
for FY 89-90 from $100 and $75 for the Assist.
City At/:orneys.
cc: John Elliott, Assist. City Manager/Mgmt. Svc.
· Updated 9-21-89
Pam Tubbs, Payroll/Pension Adm.
YK/bg
eCho Robert Barcinski, Assist. City Manager 10/06/89
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[IT' DF DELAAY BEA[H
100 N.W. 1st AVENUE OELRAY BEACH, FLORIDA 33444
MEMORANDUM
407/243-7000
TO: ~Malcolm T. Bird, Interim City Manager
FROM: ~obert A. Barcinski, Asst. City Manager/Community Services
SUBJECT: STREET LIGHTING - OLD SCHOOL SQUARE
DATE: November 2, 1989
At the request of Mayor Campbell, an outdoor lighting plan for the
perimeter of Old School Square was developed by FPL. The proposal
suggests the use of approximately ten (10) high pressure sodium vapor
"colonial fixture" on 20 foot block fiberglass poles or concrete
poles. Lighting would be .served from underground conductors pulled
through customer installed, FPL supplied conduit.
The monthly charge per light is $6.16. These lights would be
installed and maintained by FPL.
I have discussed this proposal with Maryiou Strollo, Executive
Director of Old School Square. Final design development for PhAse II
and III of the project has not been completed, nor has the. final
landscape plan. She thinks that it is inappropriate at this time to
make a decision on the perimeter lighting until such time as these
plans are complete. Additionally, lighting would be part of
construction drawings of which type and location would be the decision
of the Old School Square Board as given to them by the City
Commission.
Another lighting option previously discussed has been using the same
type lighting that was installed on Atlantic Avenue. These lights
cost approximately $2400.00 each and because they are not FPL
standard,. costs for lights, installation and maintenance would be the
responsibility of Old School Square, Inc. or the City.
I've attached copies of information received from FPL and Old School
Square, Inc.
RAB/sfd
THE EFFORT ALWAYS MATTERS
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OlD
SCHOOl
.SOUAR(.
Old School Square. Inc.
Post Office Box 1897
51 Nonhs.mlon~ue
Oelray Beach. Florida 33447
(407) 243-7922
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October 18, 1989
Mr. A. G. Russillo
Power Service Representative
FPL
Box 2409
Delray Beach. FL 33447-2409
Re: Old School Square
Outdoor Lighting
Dear Rusty:
As a fOllow-up to our telephone conversation of
September 21. 1989 and your subsequent letter to
Hank Goldman of Currie Schneider Associates. our
Architects of Record for the Old School Square ~~l~ura.
Arts Center Project, I would like to bring yo'.!
up-to-date on the targeted flow chart for oUr
project.
Currie Schneider Associates are currently preparing a
proposed contract to submit to our Board of Directors ..
prepare final design development and working drawings
for Phase II and Phase II! of the project - or through
to completion, inclUding s:te plan and design.
We expect this contract to be presented to oUr Board o~
November 1, 1989. Working drawings wi 11 be prepare-:.
wi th a targeted out-far-bid date with contract doc'll'1e"..o
on April 1, 1990.
Currie Schneider Associates will have design 1evelopmenc
on oUr site and we anticipate Mr. Goldman getting ba:~
in touch with you as soon as their contract is appr:~erl
Further, please be advised that any perimeter or str~8.
lighting being planned or anticipated for any ot~er
areas of the Old School Square Historic Distr:ct. cth2r
than those included specif:cally within the boundaries
of our project, are not under our auspices Or budgetary
items.
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Mr. A. G. Russillo
Page Two
We look forward to working with you on this project in
the near future for a mutually rewarding relationship.
Mary u McArthur Strollo
Executive Director
ce: Mr. 3:11 Ayers. Pr0jec- Manager
Mr. Ha~k Galdman, CSA
May()r Doak Campbell City of Delray Beach
~r. Bob Barci~ski, AS3istant City Manager ~
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F=PL
80x 24~, Delray Beach, FL 33447-2409
September 28, 1989
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Hank Goldman
Project Arhcitects
Currie Schneider Associates
25 Seabreeze Avenue
Delray Beach, Fl. 33483
Re: Old School Square
Outdoor Li ghti ng
Dear Mr. Goldman:
Mayor Doak Campbell has requested FPL to develop a lighting prDposal
around the parameter of Old School Square. Enclosed is a photo copy
of the site plan of Old School Square with the proposed outdoor security
lights marked in red. These proposed lights would be 5800 lumen,
high pressure sodium vapor "colonial fixtures" on 20 foot black fiberglass
poles or 20 foot concrete poles. The lights would be served from
underground conductors pulled through customer installed, FPL supplied
conduits. The exact route of these conduits will be determined upon
acceptance of this proposal by Old School Square.
Please review this proposal. If it is acceptable, I will prepare
an outdoor lighting contract to be signed by "Old School Square, Inc."
Also enclosed is the rate schedule for FPL outdoor lights and a copy
of G.E. 's specifications for this style of lighting.
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The proposed locations of the lights is based on the existing walkway
layout. If any changes are planned, please provide an updated site
plan. If you have any questions, please call me at 265-3104.
Yours truly,
/i?t<.:~()' .
A.G. Russillo
Power Service Representative
AGR:dm
cc: Mary Lou Strollo
Old School Square, Inc.
P.O. Box 1897
Delray Beach, FL 33447
Mayor Doak Campbell
City of Delray Beach
100 NW 1 Avenue
Delray Beach, FL 33444
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HA~R:!JOUS
FLOODLIGHT r
~~~I
COMMERCIAL
TC-IOCl. TC- lOOR
LUMINAIRES
General Electric
TC-100, TC-100R
LUMINAIRES
.. "'''.:'!:'';:~.i:::.~':i.k}.''..;';'/~~''_':~'' ~-'. ... '. '--'.__ .... ".- ~ o.;iA1'.~'~"'",,,,,,
;:4'" '"r, . - ~'~,.,,;- " . '*'flri;, > ':".",~~
':'<;:';f}!c'<'f::,(', ," , ';. , " " ":~> ,',jd:.:':~~7~El;?
General Electric TC-100, TC-1 OOR luminaires offer energy-efficient high intensitY discharge'CHI D)l19hting ,
in a distinctive, attractive shape, Available with roadway or area lighting distribution, these handsome
luminaires o~fer architectural and apPlicati~n fleXibili~, plus rugged, durab~e:,~~:~k~,?~:r' .)'Y?;~~~t
.'? ", ':, ' , , "-";'Sr:~~1',~:~:{~~.::;;~~~;;;':
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The TC-100, TC-100R
luminaires are available in
50-,70-,100- and 150-watt
Lucalox~ high pressure
sodium CHPS) and 100- and
175-watt mercury light
sources,
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1. Ease of Installation - The lum4
inalre IS factory Wired With extra
length pre.stnpped ballast leads
for customer connection. The cast
alumInum slipfitter has three set
screws to faCIlitate leveling and se.-
CUring the lummalre to the pole.
The canopy is secured With captive
screw(s) and hinges open for easy
lamplng access. The photocontrol
receptacle IS prewired.
2. Ease of Maintenance - The can-
opy IS secured With captive screw(s)
and hinges open. ThiS leaves both hands free for cleaning
and relamplOg.
3. Long Life - Cast alummum housing. acrylic or LEXAN" poly-
carbonate reSin lens. corrOSion resistant hardware and Silicone
modified acrylic baked enamel finish add up to many years of
functional. attractive Ilgntlng With little maIntenance
TC-l00
,
TC.l00R
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4. Choice of Light Distributions - I.E.S. type IV and V are avail-
able for 100- and 175-watt deluxe whIte mercury, type HI for
clear mercury, type II. III or V for 50" 70,. 100, or 150-watt
Lucalox lamps. See ordering informatIon for availability
5. Automatic Control - A prewired photoelectric (PEl control
receptacle is available (up to 277 volts).
GUIDE FOAM SPECIFICA nONS:
The lumlnalre shall be a traditional. colonial deSigned General
ElectriC TC~100. TC-l00R IUmlnalre. catalog number C721 NXXX
(specIfy). or equIvalent, to operate one lSO, 70, 100. 150 watt
Lucalox hIgh pressure sodium (HPSJ, (100,175 watt mercury)
lamp from a nominal (120, 240) volt 60 Hertz power source
The Jumlnalre conSists of rugged cast Jlumlnum hOUSing and
canopy: canopy hinged en ene Side Jnd secured Oil OPPosite
sides WIth captIve screw, gasketed canopy. Integrally mounted
pre-WIred ballast. pre-Wired mogul socket With lamp grips. acryliC
or LEXAN pOlycarbonate resin (specify) lens. cast slipfitter SUIt-
able for 3 inch 00 tenon. corrOSion-reSistant hardware. pre-
Wifed photoelectric (PEl control receptacle (optional).
The, ballast shall be capable of startIng and operating the
speclfled lamp wlthm the limIts speCIfied by the lamp manu-
facturer, The ballast must reliably start and operate the lamp
In ambient temperatures down to -20oF for mercury or --400F
for Lucalox HPS.-
.Aeglsfereo TrademarK at G",nera, S:ectflc Company
GENERAL. ELECTRIC
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO:
MALCOLM T. BIRD
INTERIM CITY MANAGER
FRD>:; ~
ire.
"
GATES D. CASTLE, P.E.
CITY ENGINEER
DATE: NOVEMBER 6, 1989
ST.::BJ3CT: TRI RAIL STATION - DEL RAY BEACH
- - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - -
Ths fJllowing is a summary of the estimated costs for the
~h~ss (3) options discussed for the project:
utilize existing depot and construct parking lot
west of railroad tracks:
NE 1st Street Roadwork = $
Pedestrian Crossing of R.R. =
Parking Lot Land Cost =
Parking Lot Construction =
500,000
50,000
750,000
370,000
TOTAL = $1,670,000
, Utilize existing depot and modify I-95 Interchange
for direct access to Atlantic Avenue:
I-95 Interchange Modification =
Parking Lot Construction
(290 Spaces) =
$750,000
TOTAL
730,000*
= $1,480,000
"
,)"
Construction of new station at
wastewater collection yard:
Station (Canopies, Platforms,etc.)~ $
Parking Lot Construction (87
Spaces) =
65,000
TOTAL
195,000**
= $ 260,000
* :~Bsn't include land costs
"" ::0.:,6 already owned by Ci ty
G;')C:s:g
[ITV DF DELRRY BEA[H
100 NW, 1st AVENUE
DELRA'{ BEACH, FLORIDA 33444
407/243.7000
MEMORANDUM
TO:
Mayor and Commission
FROM: ~Malcolm Bird, Interim City Manager
SUBJECT: TENNIS CENTER UPDATE
DATE: November 3, 1989
As requested by the Commission at the October workshop, staff contacted
the Tennis Center Advisory Board, Real Estate Advisory Committee, the
CRA and the West Atlantic Avenue Property Owners Association requesting
their opinion concerning the location of the proposed Tennis Center.
Mr. Weldon has met with each of those groups and we are waiting for
written responses.
Also attached is an update from Mr. Weldon on sites looked at
previously in addition to sites now under review.
Commission direction given in October was to obtain the additional
information and to wait 30 days for the F.D.I.C. to render a decision
on the Lavers site. It is our understanding from a telephone call made
bVCommissioner Andrews that the bankruptcy is on a Judge\ docket and
tnat the F.S.L.I.C. anticipates having clear title and being able to
entertain offers before years end.
MTB: cl
THE EFFORT ALWAYS MATTERS
1...
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MEMORANDUM
TO: Malcolm T. Bird
Interim City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Review of Sites Previously Considered for Tennis Center
DATE: October 26, 1989
Recently City Commission asked me to review the status of the
sites previously. considered for relocation of the tennis center
(see attached) and determine if they are still available. In
addition to the golf course, Lake Ida Park, Lavers Tennis Center
and its present location, the sites reviewed for the tennis
center include the Fleming site on Barwick Road, the Beack
property on Barwick Road, and the six (6) acres on .Lake Ida
across from the Isles of Delray.
1.) Fleming site - This is a large tract of land about 132 acres
of which a portion is being developed for residential homes
by Pulte and the rest of the property is under option to
Pulte. Mr. Fleming indicated that if the option is not
exercised in February, the 4 + acre parcel located adjacent
to Barwick Road would be available for about $74,600 per
acre ($298,000.00 +).
i
.
2.) Beack property - (5 acre parcel) A five acre parcel adjacent
to the Fleming site on Barwick Road. ASking price is
$51,000.00 - $52,000.00 per acre ($260,000.00). Permanent
access would be by way of the 60' dedicated right of way to
the street that is not anticipated to be built for about two
years: however, temporary access could be by way of an
existing easement over Fleming's property to Barwick Road.
,
3.) Area across from Isles of Delray - (6 3/4 acres) Chuck
Spallita, a local realtor, indicated the 6 acre parcel that
was for sale was sold to a church with only the 3/4 parcel
still on the market.
If you have any questions, please contact me.
~U~
Joe eldon
Dir ctor of Parks and Recreation
JW: jmh
REF:JW320
cc: Robertt A. Barcinski, Assistant City Manager
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[ITY DF DELRAY BEA[H
100 N.W 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243.7000
MEMORANDUM
TO:
Mayor and Commission
FROM: ~~Malcolm Bird, Interim City Manager
SUBJECT: RATE INCREASE REQUEST- MUNICIPAL GOLF COURSE
DATE: November 3, 1989
The attached information has
House and is forwarded
recommendation of Mr. Weldon
been received by this office from
for your consideration, along with
and Mr. Barcinski.
Mr.
the
The reason for presenting it to the Commission is that we have tried to
incorporate in the proposed response all of the items, which it is our
understanding, the Commission has specifically requested of Mr. House
through the end of his contract and those items which the U.S.G.A. has
recommended we have completed in the course of their inspections of the
golf facilities. If there are other items which should be added we
will amend the letter appropriately.
MTB:cl
Encl
THE EFFORT ALWAYS MATTERS
.
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.
DIY OF DELAAY BEAEH
100 N.W. 1st AVENUE
MEMORANDUM
DELRAY BEACH, FLORIDA 33444
407/243-7000
TO:
Malcolm T. Bird, Interim City Manager
FROM: ~obert A. Barcinski, Asst. City Manager/Community Services
SUBJECT: RATE INCREASE REQUEST - MUNICIPAL GOLF COURSE
DATE:
November 2, 1989
Attached is a copy of a letter received from Mr. Code House requesting
a fee increase along with a draft response to his request. If you are
considering this request, I would recommend rate increases no greater
than those proposed in the draft. The draft also provides recommended
conditions for any approval.
The increases requested are in line with the rates charged at other
courses. I've attached a copy of this survey.
Rate increases had been requested in previous years. The City Managers
were willing to grant some increase in fees not necessarily those
requested, provided certain conditions were met. These conditions were
not acceptable to Mr. House, nor were counter proposals acceptable to
City Managers. A copy of last year's correspondence is attached.
This information is provided for your review and consideration as
requested. You may want to workshop this item with City Commission.
RAB/sfd
THE EFFORT ALWAYS MATTERS
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[IT' DF DELRA' BEA[H
',"'l";
100 NW, 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243.7000
November 2, 1989
Franklin Code House
C/O Delray Beach Municipal Golf Course
2200 Highland Avenue
Delray Beach, Florida 33444
Dear Code:
I have completed my review of your request to increase cart fees and
daily green fees. The following fee increases are approved, provided
the listed conditions are complied with.
18 HOLES
Current
Requested
Approved
Green Fees
Season - Resident
Season - Non-Resident
$ 12.00
$ 15.00
$ 6.00
$ 8.00
$ 15.00
$ 19.00
$ 6.00
$ 8.00
$ 14.00
$ 18.00
$ 7.00
$ 9.00
Off Season - Resident
Off Season - Non-Resident
Cart Fees
Season - Resident
Season - Non-Resident
$ 7.00
$ 7.00
$ 7.00
$ 7.00
$ 9.00
$ 9.00
$ 9.00
$ 9.00
$ 8.00
$ 10.00
$ 7.00
$ 7.00
Off Season - Resident
Off Season - Non-Resident
9 HOLES
Green Fees
Season - Resident
Season - Non-Resident
$ 6.00
$ 9.00
$ 4.00
$ 6.00
$ 7.50
$ 9.50
$ 4.00
$ 6.00
$ 7.00
$ 10.00
$ 5.00
$ 7.00
Off Season - Resident
Off Season - Non-Resident
Cart Fees
Season - Resident
Season - Non-Resident
$ 4.00
$ 4.00
$ 4.00
$ 4.00
$ 5.00
$ 5.00
$ 5.00
$ 5.00
$ 5.00
$ 6.00
$ 4.00
$ 4.00
Off Season - Resident
Off Season - Non-Resident
The rate increases approved are contingent upon your completion of the
THE EFFORT ALWAYS MATTERS
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following items.
1. Clean and Paint Buildings Contract Section
Maintenance. Licensee is to pressure clean and paint
Paint 100% Acrylic or equal: the exterior of the pro shop,
building and clubhouse. Color chips will be submitted
Manager for approval prior to the commencement of work.
XI: Major
with Porter
bag storage
to the City
2. Weed Control Contract Section VI (8)(1)(2)(3). Licensee will
treat fairways, roughs, areas around greens and green aprons for
proper weed control as per contract. The chemical, Holeon, as
approved, will be utilized and applied per USGA and manufacturers
specifications. It is my understanding that 15 gallons of Holeon were
purchased and applied at various locations on the course, however,
this does not appear to have been sufficient to correct the problem.
3. Tree Re.oval and Replaceaent Contract Section VI (0) ( 1) (d) .
Licensee will remove and replace trees as per the attached letter from
Mr. Weldon dated 10/17/89 and the 10/5/89 USGA Report.
4. Overseeding (Reports) - Contract Section VI (B)(2)(L). Overseed
tees and greens as per the October 15th USGA Report and Mr. Weldon's
10/23/89 letter to include treatment of the grass with Rubigan prior
to overseeding and discontinuation of nitrogen fertilization of greens
30 days prior to overseeding.
5. Worm Infestation (Greens) - Contract Section VI (F). All greens
need to be sprayed for worm infestation per letter received from Joe
Weldon dated 10/23/89 and USGA inspection of 10/19/89.
6. other Course Maintenance.
as per Mr. Weldon's 10/23/89
10/19/89.
Complete other course maintenance items
letter and USGA Reports of 10/5/89 and
7 . Prepaid Greens Fees and Bag Storage ProRata Reillburse.ent
Contract Section XXII (B) -Fees-. Licensee agrees to make no long
term fee arrangements past December 31, 1989. Information provided by
you previously indicates that there are numerous individuals and
families who have prepaid greens fee arrangements past December 31,
1989. It is the licensee's obligation to reimburse those individuals
and families the prorata share of these fees which extend beyond
December 31, 1989. Licensee will provide the. City proof of such
reimbursement.
8. Safety and Health
items as cited by City
contract per letter and
Inspection
Employees
inspection
- Contract Section XI. Correct
that relate to your portion of
report sent 10/3/89.
all
the
9 . Pro Rate Calendar Year
prepaid greens fee and bag
existing contract to those
Prepaid Fees. Licensee agrees to provide
storage options for the balance of the
individuals and families whose yearly fees
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expire prior to December
of the existing fees for
prepaid greens fees per
per month.
31, 1989. The rate charged shall be 1/12th
such fees for each month issued i.e. 1 month
individual membership equals $700/12=$58.33
Sincerely,
MALCOLM T. BIRD
City Manager
MTB:sfd
cc: Joe Weldon, Director of Parks and Recreation
Bob Barcinski, Asst. City Manager/Management Services
David Schmidt, Attorney
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MUNICIPAL GQLF COURSE RATE SURVEY
I: GREENS FEES:
RESIDENT:
Season:
18-hole:
9-hole:
OFF-SEASON:
18-hole:
9-hole:
NON-RESIDENT:
Season:
18-hole:
9-hole:
OFF-SEASON:
18-hole:
9-hole:
...
......
I I I:
MEMBERSHIPS:
RESIDENT:
SINGLE:
DBL/FAM:
STUDENT:
NON-RESIDENT:
SINGLE:
DBL/FAM:
STUDENT:
IV:
PULL-CARTS:
V:
LOCKERS:
VI:
BAG STORAGE:
RATES FOR 1989/90
BOCA PB COUNTY LAKE
MUNICIPA~ BOYNTON1' SOUTHWINIf'C WORTHl<\t'
14.84
9.54
7.42
5.30
20.48
12.50
10.33
6.62
8.95
6.88
5.50
4. 13
662.50
1007.00
N/A
911.60
1378.00
N/A
2.00
25.00
60.00
16.98
8.96
8.02
5 . 1 9
16.98
8.96
8.02
5.19
8.49
5. 19
6.13
4.25
8.49
5. 19
6.13
4.25
665.00(1)
N/A
N/A
665.00())
N/A
N/A
2.00
35.00
55.00
14.00
9.00
7.00
5.00
14.00
9.00
7.00
5.00
9.00
5.00
6.00
3.50
9.00
5.00
6.00
3.50
N/A
N/A
N/A
N/A
N/A
N/A
1. 75
25.00
70.00(3)
50.00
17.00
N /'A
8.00
N/A
17.00
N/A
8.00
N/A
11.00
6.00
11. 00
6.00
15.00
8.00
15.00
8.00
300.00
N/A
130.00
600.00
N/A
130.00
1. 25
27.00
40.00
~.: NORTH
WPB(L) PALM BCH
20.00(2.)
N/A
18.00(>1
N/A
25 . 00(2.)
N/A
2 2 . 00(1.)
N/A
9.00
5.00
TBD
TBD
9.00
5.00
TBO
TBD
400.00
800.00
100.00
550.00
1000.00
100.00
1. 00
25.00
60.00
(1) limited toPB County res., 800 total, preference to Boynton res.
(2) season rates are for Ja-Fe-Ma-,off-season for No-De-Apr-
summer rates to be determined
(3) for both locker and bag storage *tax included
**plus tax
II: CART FEES: (PER PERSON)
RESIDENT:
Season:
18-hole: 7.15
9-hole: 5.50
OFF-SEASON:
18-hole: 4.40
9-hole: 3.30
NON-RESIDENT:
Season:
18-hole:
9-hole:
OFF-SEASON:
18-hole:
9-hole:
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[try DF DElAAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243-7000
October 31, 1989
Mr. Franklin Code House
Delray Beach Municipal Golf Course
2200 Highland Avenue
Delray Beach, Florida 33444
Dear Code:
Due to the shortness of time, your letter having been
received late on the 30th in my office, I will have to at
this time officially inform you that your request for
increase in rates is not approved. This does not, however,
constitute an irrevocable denial but rather a delay given
that tomorrow is the first of November.
I have reviewed your justification and it is my understanding
that you have not had an increase in any of the rates for
several years. I have asked Mr. Weldon to commence a review
of the costs at other courses for seasonal rates both
resident and non-resident and for carts and greens and will
have my findings, hopefully, by the first of next week. I
know that this will be a disappointment but a little more
advance warning may have permitted me time to make a final
determination upon receipt of your letter and prior to the
date you would like to have commenced.
If I can of further service or if there is any additional
information you would like to have considered while I am
doing this review, please feel free to contact me.
Sincerely,
BIRD
City Manager
MB:nr
Received by:
Date:
Tirre:
THE EFFORT ALWAYS MATTERS
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DELRAY BEAC~
MUNICIPAL GOLF COURSE
2200 HIGHLAND AVENUE, DELRAY BEACH, FL 33444
(305) 278-0808
October 27, 1989
Mr. Malcolm Bird
City Manager
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
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CI T'r M. 0 1989
4t."".
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OFFICE
Dear Malcolm:
Due to the ever increasing costs of providing a good,
efficient golfing facility for the enjoyment of our citizens,
I plan to raise the rates at the Delray Beach Municipal Golf
Course effective November 1, 1989 as follows:
Increase cart fees by $2.00 per person, from $7.00
to $9.00 for 18 holes
Increase daily green fees by $3.00 .per person: from
$12.00 to $15.00 for residents. And by $4.00 per person:
from $15.00 to $19.00 for non-residents.
My insurance rates have more than tripled over the past four
years due to the volatile nature of the industry, and my cart
maintenance has more than doubled. Employees' salaries have in-
creased by some 27% over this period, as well as having continual
increases in the cost of insecticides, fertilizers, electricity
and all other supplies necessary for maintaining the course and
golf shop. Also, clubs in Boynton Beach and Boca Raton - including
the County's Southwind Course - charge $4.00 or more, than we
charge for carts and daily fees.
There have been no increases in daily fees and carts since
1982, and no increases in annual fees since 1985.
If I do not hear from you prior to November 1, 1989, I will
begin charging the new rates as shown above.
Sincerely,
c_
Code 1I0use
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[ITV- OF DElIAY BEA[H
100 N.W. 1st AVENUE
DELAAY BEACH, FLORIDA 33444
407/243-7000
pctober 23, 1989
Mr. Franklin Code House
c/o Delray Beach Municipal Golf Course
2200 Highland Avenue
Delray Beach, Florida 33444
Dear Mr. House,
Attached is a copy of the U.S.G.A. report for October 5, 1989, at
which neither you or your representative appeared. Please note
the U.S.G.A. comments as to:
A.) Top dressing of greens and tees.
B.) Discontinuation of nitrogen fertilization of greens 30
days prior to overseeding.
C.) Correction of vandalism to 18th green.
D.) Again, you should begin the application of Rubigan to
the greens 14 days prior to overseedi~g. You were
previously advised of this on September 22, 1989.
E.) Overall dryness of the golf course, especially the
driving range. Your greens superintendent advised he
has been in contact w~th Hoover Irrigation concerning
any repairs to the pump station covered under warranty.
F.) Continuation of the wetting agent treatment program.
At the October 19, 1989 inspection, at which neither you or your
representative were present, U.S.G.A. noted the following:
A.) Again, treatment of the grass with RUbigan prior to
overseeding.
B.) U.S.G.A. recommended all greens be sprayed for worm
infestation as noted in previous reports.
C.) #11 green has had dry spots and need treatment for
fairy ring.
D.) #13 green has possible evidence of brown patch that, if
correct, needs treatment with Daconil or Chipco.
E.) Remove vines from tree behind restroom located between
the 14th and 17th tee.
F.) Sod still not repaired on 15th tee as a result of
irrigation problems.
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October 23, 1989
Page 2
G.) Although there is some evidence that a herbicide
(Hoelon) had been applied. It is the City's
expectation, as noted in the October 17, 1989 letter,
that there be significant evidence of goosegrass
decline in the fairways, primary rough, tees and greens
before the expiration of your contract.
H.) #18 green needs treatment for fairy ring.
I.) Repair sod on #2 tee.
J.) Dryness in greens #6 and #7.
K.) #9 fairway is very dry in front of woman's tees.
L.) Again, it is the City's expectation that all fairways
will have been properly fertilized no later than
October 30, 1989 per my previous letter of October 17,
1989.
The next U.S.G.A. inspection is scheduled for November 2, 1989 at
2:00 p.m.
Sincerely,
J~ltdnj)JL
D~e~~or of Parks and Recreation
JW: jmh
REF:JW312
Attachments
cc: Robert A. Barcinski, Assistant City Manager
s S--t' ,7
Received by: IhiXA.-J~( ~
Received b; ~ . - 7Q. X
Date:
Date:
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Time: ;J.:'(<) ~
[ITY OF DElRAY BEA[H
[;
100 N.W. 1ST AVENUE
DELRAY BEACH, FLORIDA 33444
305/243- 7000
11/11/88
Franklin Code House
c/o Delray Municipal Golf Course
2200 Highland Drive
Delray Beach, FL
33445
Dear Mr. House:
Per our meeting on November 11, the fOllowing are the
tentatively approved rates for Delray Municipal Golf Course:
Current Requested Approved
Green Fees
Season-Resident $12.00 $15.00 $14.00
Non-Resident $15.00 $18.00 $18.00
Off-
Season-Resident $12.00 $15.00 $ 6.00
Non-Resident $15.00 $18.00 $ 9.00
Cart Fees
Season-Resident $ 7.00 $ 9.00 $ 8.00
Non-Resident $ 7.00 $ 9.00 $ 8.00
Off-
Season-Resident $ 7.00 $ 9.00 $ 8.00
Non-Resident $ 7.00 $ 9.00 $ 8.00
Prepaid Green Fees
Resident Individual $ 700 $ 900 $ 700
Family $1100 $1300 $1100
Non-
Resident Individual $ 840 $1040 $ 840
Family $1320 $1520 $1320
It's understood that prepaid green fees are good any time on
Monday through Friday, but only after 12: 00 p.m. on Saturday,'
Sunday, and hOlidays. Also, a 50 cent surcharge is part of the
$8.00 cart fee that will be collected by you and paid to the
City on a monthly basis with support documentation. It will be
your responsibility to collect the additional sales tax for the
surcharge and remit this tax to the state. The following is a
proposed capital improvement program that the surcharge will
finance:
1989-90
Replace restroom behind the #6 green ($25,000) and
renovate restroom next to 17th tee ($7,000).
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1990-91
Replace two (2) rain shelters ($30,000) cart path
replacement ($25,000)
Golf course drainage ($15,000)
1991-92
1992-93
Cart path replacement ($25,000)
1993-94
Cart path replacement ($25,000)
These figures are for estimating purposes only.
Please review and advise.
Sincerely,
c~~. vC L,J,J,~~cJ
J~ Weldon
Dl ector of Parks and Recreation
cc: Walter Barry, City Manager
JW:cc
REF: JW025
I.
, DEPART~ 'ENT AL
CORRESPONDENCE
TO
Walter Barry
City Manager
CITY DF
DElRAY BEA[H
3~Ci
FRO~..l
Joe Weldon
Director of Parks and Recreation
Requested golf rate increase
9/15/88
[)ATE
SUBJECT
Attached please find a spread sheet showing the existing and
requested fees for the golf course and fees of surrounding
municipal courses for comparison purposes.
Please note that previous fee increases were granted on January
20, 1987, by former City Manager James Pennington and on
November 10, 1987, by Acting City Manager Robert Barcinski. In
both cases, alledgedly because he did not get the full increase,
or did not agree with the conditions of the increase, Mr. House
did not put the increase in effect.
The increases requested by Mr. House puts a larger financial
burden on residents than non-residents. An increase across the
board of $3.00 for green fees would require residents to pay
25% more while non-residents would pay only 20%. An increase
across the board on memberships would require residents to pay
29% and 18% more for individual and family memberships while
non-residents would pay only 23% and 15% respectively.
Additionally, there has been some discussion of adding a
surcharge on the price of a cart to finance needed capital
improvements and this must be addressed along with any possible
fee increase.
I think Mr. House has done a significant job in improving the
maintenance of the golf course. However, I do not agree with
his recommendation and offer the following as an alternative and
point of discussion. The percentage figure represents the
percent of increase and all prices are before tax:
Green fees - Resident
Non-resident
Cart Fee - Resident
Non-resident
Memberships- Resident (Individual)
Non-resident (Individual)
Resident (Family)
Non-resident (Family)
$14.00 (17%)
$18.00 (20%)
$ 8.00 (14%)
$ 8.00 (14%)
$800 (14%)
$960 (14%)
$1200 (9%)
$1440 (9%)
Lf
These prices compare favorably with surrounding communities and
allow for an additional surcharge on the cart fee for possible
future capital improvements.
Please advise as to comments or suggestions.
,.
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Parks and Recreation
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CIlF CI:lMlE AA1E CIM'ART3l'S
IEIR!IY JE.RA.Y HXA s:IJJlWlN:S YESI' WM N:RlH WM BJ'JlIlK.N lAKE
l'lliIClPAL M.NLCID\L UNIClPAL al.NlY JFiIJJi JFiIJJi MNICIPAL WEH
a.mNI' RFQFmm .50 Sll:dmge
CREEN3 EEE3:
S=aEm
~ $12.00 $15.00 $14.00 $14.00 $18.00 $17.00 $17.00 $17.00
N::n-Ies:ida1t $15.00 $18.00 $18.50 $14.00 $18.00 $22.50 $17.00 $17.00
Off-8eas:n
~ $12.00 $15.00 $7.00 $7.00 $11. 00* $12.00 $8.00 $8.00
N::n-Pes:Lr.B1t $15.00 $18.00 $9.75 $7.00 $9 .00* $15 .00 $8.00 $8.00
$7.00*
W3Thers- Rill-Qrrts $2.00 $2.50 $1.00 $1.25
c;c.m' FEE3:
S=aEm 1 or 2 pem:r.s
iesidnt $7.00 $9.00 $7.15 $9.00 $8.00 $15.00 $8.50 $15.00 N:n-Mm:er
N:n-~ $7.00 $9.00 $8.95 $9.00 $8.00 $18.00 $8.50 $11.00 M:nber
Qfi-S=aEm lor2jEmTIS
fus:i.d:rt $7.00 $9.00 $4.40 $6.00 $6.00 $12.00 $6.00 $15.00 N:n-Mm:er
[ii:n-Fesid:nt $7.00 $9.00 $5.50 $6.00 $6.00 ~15.00 $6.00 $11. 00 M:nber
i~:
I€sidns
IndivirlJal $700.00 ~.OO $625.00
H:mily $1,100.00 $I,:m.OO $950.00
N:n-Pesid=nts
IndivirlJal $840.00 $1,040.00 $781.00
Fanily $1,320.00 $1,520.00 $1,187.00
WA $400.00 $6lJ.00 $ffiJ.OO** $:m.00
WA SOOO.OO $%5.00 ...{}-
$100.00 $130.00
(St:u:lEnt: Rate)
WA $550.00 $975.00 $ffiJ.00
WA $1,050.00 $1,510.00 ...{}-
All Fees-plus rnx of 6%.
-;, $11.00 -,~ an:! m~
$9.00 - ~ will<ers
$7.00 - v.akdays with cart
>'0< FaJm Pwch Carty Iesidints ally
Poyntcn :residints h:tve prere..",=
""'Palm Pea:h Carty :resid:nts ally.
l:'oyntcn :resid:nts have prefe:r:a-re.
Prices m rot ref1ect dmitcble pLuluLims an:! discnnt cauls, (i.e., lug card.
F.L.A.G. card, ax! Jdnv Mi1.let: card. etc.)
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DELRAY BEAC~
MUNICIPAL GOLF COURSE...
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SEP 25 1988
2200 HIGHLANDCAVE~I.lE;.m;J.;BA'(eE~CH. FL 33444
(3051278-0808
August 11, 1988
Mr. Walter Barry
City Manager
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Barry:
Due to the ever increasing costs of providing a good,
efficient golfing facility for the enjoyment of our citizens,
I plan to raise the rates at the Delray Beach Municipal Golf
Course effective November 1, 1988 as follows:
Increase cart fees by $2.00 per person; from $7.00
to $9.00 for 18 holes
Increase daily green fees by $3.00 per person; from
$12.00 to $15.00 for residents and from $15.00 to
$18.00 for non-residents
Annual membership fees from $700.00 to $900.00 for sin le;
and from $1100.00 to $1300.00 for family membership
My insurance rates have more than tripled over the pas
three years due to the volatile nature of the industry, and y
cart maintenance has more than doubled. Employees salaries
have increased by some 27% over this period, as well as havi g
continual increases in the cost of insecticides, fertilizers,
electricity and all other supplies necessary for maintaining the
course,'golf shop and locker rooms. Also, clubs in Boynton eac
Boca Raton _ including the county's southwind course - charg
$4.00,or more, than we charge for carts and daily fees.
There have been no increases in daily fees and carts SInce
1982, and no increases in annual fees since 1985.
I look forward to hearing from you soon regarding thes
much. needed increases.
sG::l~~~
Code House
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100 I\i......:. 1.;,', AVEr..:Uc
D:::L'lu,Y 3::ACH. FLORIDA 331)4.~
305'278-2
January 23, 1987
,
Hr. Franklin Code House
Delray Beach Municipal Golf Course
2200 Highlal'ld Avenue
Delray Beac."l, Florida 33445
.
Dear. Hr. House:
'!he folla..:L"lg is a cratlge to the letter I sent to you on January 20, ,
1987 rega.....uing a ra~ increase. Based on their input and corrparisons
with other =::L"'S8S, the follCMing increases my be initiated:
Cart Fees - no L"!crease. Stay at $7.00.
Daily GreaT'! Fees (Ninter Rates) -
a) p.eside.'1t - $1.00 increase to ~OO
b), Non lesir'ient - $2.00 increase to~ 00
Surmer P.atoc; - Not to =eed Winter rates.
Remained at $12. 00
15.00
as of 3/
If you have aT'!Y questions, please call Ire.
Sincerely,
JAHSS L. P:r10!J:t,;GION
City l1anager
cc: Ernie S:iJron
David Huddleston
Herb Thiele,
Spoke with Code House 3/9/87
Above rate not put into effect. _ ,
Annual Rate - Resident
Single: $700 Family: $1,100
JLP:rnrf
Non-Resident:
Single: $900
Family:' $1,400
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December 31, 1987 HAND DELIVERED
Mr. Franklin Code House
Delray Beach Municipal Golf Course
2200 Highland Avenue
Delray Beach, Florida 33445
Re: Ratp rncrpa~p Rpoupst
Dear Hr. House:
On November 10, 1987, I sent you a letter stipulating the
conditions on which a rate increase would be allowed. These
items were to be completed by December 15, 1987 and to the
Ci ty I S (my) satisfaction. In fact, these items were not
completed and turned in to me prior to December 15, 1987 and
the information submitted by you is not to my satisfaction.
I therefore do not at this time approve any increase in any
rates. Hy previous letter of approval, with conditions,
dated November 10, 1987 is revoked. The lease agreement
Section XXII, Fees, subjects any fee increase to the approv-
al of the City Manager. Any rate increase put into effect
will be considered a violation of this contract provision
and dealt with accordingly.
Sincerely,
9~A~~
ROBERT A. BARCINSKI
Acting City Manager
RAB:sk
cc: Herb Thiele
David Schmidt
Joe Weldon
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100 N.W. 1st AVENUE
DE LRA Y B=^CH, ;: LOR lOA 33<;44
305/243-7000
November 10, 1987
Mr. Code House
Delray Beach Municipal Golf Course
2200 Highland Avenue
Delray Beach, Florida 33445
Re: Rate Increase Reauest
Dear Code:
My staff and I have completed a revieli of your request dated
September 18, 1987 for a rate increase in cart fees and green
fees_ Your request is approved effective January 1, 1988 as
follows, provided the additional conditions stated are met by
December 15, 1987:
Rate Increase
Cart Fees
Green Fees
Resident
Non-Resident
$1.00
$1. 50
2.00
Conditions
1. $ .50 of each increased dollar collected in cart fees will
be set up in a separate aCCDunt, not to exceed $50,000 for
the one year period January 1, 1988 to December 31, 1988
for capital improvements and eqUipment purChases that
exceed $1,000 per item. These expenditures from the fund
would be ap'proved by you and my representatives.
2. Cart paths will be cDmpleted to the City's satisfaction by
December 15, 1987. New construction up to $30,000.
3. Required Management Report and Budget for 1988 be submitted
to the City's satisfaction by December 15, 1987.
4. Calendar year 1986 Capital Improvement Program detailed
expenses be SUbmitted by December 15, 1987.
THI: EFeORT J\L'f./,\YS M.'\TTU1S
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/
Mr. Code House
November 10, 1987
Page Two
If' these conditions are met, the rate increase I have approved
can go into ef'f'ect.
Sincerely,
/Vo.L..r4 ,4~L
ROBERT A. BARCINSKI
Acting City Manager
RAB:nr
cc: Joe Weldon
Dave Huddleston
David Schmidt
Herb Thiele
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MEMORANDUM
TO:
f-I'J
Malcolm Bird
Interim City Manager
FROM:
william H. Greenwood
Director of Public Utilities
SUBJECT:
CONTRACT OPERATIONS - WATER TREATMENT PLANT
DATE:
November 3, 1989
Additional interest has been expressed pertaining to Contract
Operations of the City of Delray Beach Water Treatment Plant.
L 0 Contract 0gerations
>
The same advantages presented to the City commission during a
workshop on October 19, 1989 for the contract operations of
South Central Wastewater Treatment Board would apply to the
City's water treatment plant.
In addition, there would be the possibility of deleting the
Administration and laboratory building presently being
constructed. There may be a possibility to delete this
structure by implementing a change order.
.
!
Total value of structure being constructed is $556,000.
Anticipated deduct would be $300,000 because work has already
been performed and materials ordered.
If contract operations were implemented one Chief Chemist posi-
tion would also be deleted.
2.0 Existin9 Operations
It is my personal opinion that the City can operate the water
treatment plant more efficiently and cost effectively than a
contract operator. Existing staff has the experience and
knowledge to perform their duties efficiently, however, the
Public Utilities Department needs the support of City
Administration to implement their recommendations.
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- It was my recommendation to delete two operator positions in
FY90 budget:
Recommendation being implemented through attrition.
One operator position is presently open and will not be filled.
- It was my recommendation to delete one clerk/typist position
in FY90 budget:
Recommendation implemented.
- I recommended grass cutting, landscaping, irrigation system
be performed by Parks and Recreation:
Recommendation not implemented.
- I recommended building maintenance and janitorial service be
performed by Public Works. Recommendation not implemented.
- I am presently formulating a plan for consqli<iating the "
maintenance divisions for the water treatment pla~t and
wastewater collections. This concept will delete duplication
of duties. .
- I am presently consolidating the Water Distribution,
Wastewater Collection and Administration Divisions at the
existing 200 N.W. 1st Avenue address.
2.2 Electricity
- Electrical power and emergency generating capacity to operate
the water treatment plant and raw water wells is presently
being studied and designed. Upon completion of the new
facilities, a new contract can be entered into with FP&L.
Antipipate a cost savings of $20,000 per year with the new FP&L
contract.
- Operating staff will be performing an energy audit for all
equipment.
2.3 Chemicals
- Operating staff has been performing chemical effectiveness of
various polymers which should improve water quality and
decrease costs.
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- Operating staff has been performing in-house studies to
increase filter runs.
- FY90 budget provides for the implementation of a sophisticat-
ed data management system which will permit implementing the
needed computerized preventative maintenance program for all
equipment.
3.0 Conclusions & Recommendation
- Support the current management, revisions being implemented by
the Public Utilities Department.
~~
William H. Greenwood
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100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243- 7000
MEMORANDUM
TO:
Mayor and Commission
~~Malcolm Bird,
FROM:
Interim City Manager
SUBJECT: NOMINATION TO BOARD OF DIRECTORS PALM BEACH COUNTY MUNICIPAL
LEAGUE
DATE: November 3, 1989
I received a request from the Municipal League
supply nominations from Delray for the vacancy on
8th. I would appreciate a concurrence of the
nominee, if you have one to recommend.
MTB:cl
THE EFFORT ALWAYS MATTERS
,.
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Secretary for us to
the Board by November
Commission as to a
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MEMORANDUM
To:
Malcolm Bird, City Manager
Director~
Via:
Lula Butler, Community Improvements
From:
Nancy Davila,Horticulturist/Special Projects Coordinator
Re:
STATUS OF PAYMENT ON KETTELHUT CONTRACT
Date:
November 5, 1989
At your request I have reviewed the disbursments relative to the contract
with H. Kurt Kettelhut & Associates for Professional Landscape Architectutal
Services for the Comprehensive Beautification Plan.
I have calculated, to date, that 70% of the fees for the project have been
paid. This is based on the 'total not to exceed' fee having been established
at $164,900.00 and the City having paid out $116,427.50.
I have included a spread sheet which reflects the Professinal Fee Payment
Schedule. In general, all services have been performed and the Consultant
has been paid for all phases except 'Landscape Contract Drawings' and
'Landscape Inspections'. Contract Drawings represent 33% of the total
contract ($55,000) and Landscape Inspections represent 15% of the total
contract ($25,000). As of November 5, 1989 I calculate that 69% of the
Landscape Contract Drawing fees have been paid ($38,000) while only 58% of
the work has been completed. Landscape Inspection fees paid to date amount
to 18% ($4,450) and are in line with actual inspections made.
Fees paid out for landscape drawings not commensurate with work completed
was due to the payment provisions of the contract. The contract only
requires that monies paid for a particular phase not exceed the total
cumulative fees due in each phase. The contract does not further separate
the seventeen different projects and place a cap on the fees due for each
project within a given phase, although common sense would tell you to do so.
I have developed a table which indicates the percentage of design fees that
should be paid for each project within the phase which is based on the cost
of construction and the percentage of the total cost of construction that
each project represents.
The imbalance in designs completed versus fees paid occurred early in the
project with numerous plan revisions to West Linton Boulevard during the
County's review process. Kettelhut's fees were over $17,000, billing the
City at an hourly rate.
In September 1988 I informed Mr. Kettelhut that I
authorization of any further invoices for designs
work completed caught up to the money the City had
the terms of the contract. The City has not paid
Kettelhut in over 14 months.
would not recommend the
until the percentage of
paid out, regardless of
any design fees to Mr.
1
/2-
In order to bring the work completed in line with design fees paid, Mr.
Kettelhut still needs to complete the North Congress Avenue plans
(irrigation and any County revisions) and complete the plans for Mid-Federal
Highway before the City can continue to be invoiced for design fees.
Once Kettelhut has completed North Congress and Mid-Federal, there are only
two projects that remain to be done, these being Mid- Congress and Dixie
Highway. The City would be paying only $3,795.00 for the completion of the
designs. Due to future road widening projects, Lake Ida Road, West Atlantic
Avenue (1-95 to Military) and S.E./S.W. 10th Street have been put on hold.
I recommend that Kettelhut complete the work on the roads that can be done
at this time and that his contract be terminated upon completion of this
work. Future work can either be renegotiated with Urban Design Studio (this
firm was listed second during voting for consultant) or the work can be done
by staff.
Although I am aware at the general displeasure with Kettelhut's work by the
City Commission and the Public, I do not think that changing designers at
this late date will have much impact except to further delay the projects.
Hopefully, the Commission will have a better opportunity to review future
designs than they have had in the past with the inclusion of slides and
renderings.
Kettelhut has been given until January 2,
projects. He is also working on the design
but funding for these extra design fees are
utility tax fund.
1990 to complete the 'doable'
revisions to Pineapple Grove Way
to come from the surplus in the
I anticipate that I will be doing a complete design revision for the
landscaping on North Federal Highway to enable the City to landscape the
medians without changing the curb. I also anticipate that I will be making
minor reVlSlons to the landscaping for South Federal Highway to reduce
curbing costs. Kettelhut would expect additional fees to make these changes
and I cannot see paying these extra fees.
2
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[ITV OF' DELIAY BEA[H
100 NW. 1st AVENUE
OELRAY BEACH, FLORIDA 33444
407/243.7000
MEMORANDUM
TO:
Mayor and City Commission
FROM: ~~Malcolm Bird, Interim City Manager
SUBJECT: AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND
KURT KETTLEHUT & ASSOCIATES, LANDSCAPE ARCHITECTS
DATE: November 3, 1989
I have recently had discussion with some of you and there has been a
general expression of dissatisfaction with the services received to
date. Your attention is directed to the memorandum attached from
Assistant City Attorney Susan Ruby. This item is on your workshop
agenda for consensus. If you choose to take formal action, it will
appear on November 14th as a formal agenda item.
MB:nr
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THE EFFORT ALWAYS MATTERS
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CITY ATTORNEY'S OFFICE
_,I :\1 i..;!Sll<liT "':,llll UI!I{\'l IlI'VII.JIORID.-\JJ-l.xJ
..1117 ~-L;-~<,q(1 iJ'LHOI'IJI< ..J.il7 ~7>i--+7';';;
HEMORANDUM
Date: November 2, 1989
To' Malcolm T. Bird, Interim City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Kettlehut Property
At our meeting on October 24, 1989, you expressed interest
regarding the terms of the aforementioned contract.
I have attached the contract and draw your attention to Pages
1, 2, 3, 6, 7, 8 and Appendix of the agreement pertaining to
the scope of work, The City's Responsibilities and Termination
provisions.
The agreement provides for termination without cause upon
written notice. All finished or unfinished documents become
t.he City's property. The consultant, pursuant to this provi-
sion, gets paid a percentage of the total contract price. That
percentage is based on the percentage of work completed, less
payments previously made.
If you desire further information, please do not hesitate to
contact me.
~~
Attachments
cc: Lula Butler, Director of Community Improvement
Frank Spence, Director of Development Services
Nancy Davila, City Horticulturist
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3/18/87
AGREE.'lENT
BY AND BEnlEEN
CITY OF DELRAY BEACH
AND
n. KURT KETTELHUT & ASSOCIATES
LANDSCAPE ARCHITECTS
This Agreement. made this 9 &it day of Lr-n ~
bv and between tile City of Delray Beach, herelnafter ref red to
"City" and H. Kurt Kettelhut & Associates, Landscape Architects,
referred to as the "Consultant".
, 1982.
as the
hereinafter
\.JITNESSETH:
W~~REAS, the City desires to engage the Consultant to render all
necessary professional landscape architectural services in connection with
the beautification of selected arterial and collector road rights-of-way,
hereinafter referred to as the "Project" and
WHEREAS, the Consultant is willing to provide said services to the City;
NOW, THEREFORE, the City and the Consultant do mutually agree and
covenant as follows:
Article 1 :'-:"'--Employment of Consul tant
1.1 The City hereby agrees to engage the Consultant and the Consultant hereby
a5rees tD perforQ the services hereinafter set forth in connection with the
Project.
Article 2 -- PrDject Site
2.1 The Consultant shall perform the necessary services ?rovided under this
Agreement in connection with the design and construction contract
adr.~nistration of Beautification of Selected Arterial and Collector Road
Rights-of-Way, Delray Beach, Florida (see Article 2.1.1)
2.1.1
R.O,W. in Beautification Program:
A. N.E. 2nd Ave. (Seacrest Blvd.)
E. Atlantic Ave. to N.E. 8th St.
2.1 li1iles
B. Federal Highway (U.S.#l),
C-15 Canal to Gulfstream Blvd.
7.1 ",iles
Page 1
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C. Dixie Highway
C-15 Canal to Linton Blvd. 1.2 ",iles
D. Swinton Ave.
Linton Blvd. to Gul f strea", Blvd. 3.5 miles
E. Congress Ave.
C-15 Canal to L-30 Canal 4.0 miles
Ease plans supplied by city
F. HOr.lewood Blvd.
Linton Bl vd. to W Atlantic Ave. 1.2 miles
G. N .E. 8th Street
Federal Hwy. to Ocean Blvd. 1. 0 miles
H. Lake Ida Road
,'Jili tary Trail to N.E. 6th Ave. 3.2 ",iles
I. Atlantic Ave.
l1ilitary Trail to Swinton Ave. 2.8 miles
J. S.L & S.W. 10th. Street
U rl Blvd. to N.E. 6th Ave. 2.0 miles
110r;le\IOO.....
? I..inton Blvd.
".
t.1ili tary Tr ail to Ocean Blvd. 3.7 miles
Base plans supplied by city
L. 1-95/ Atlantic Ave. Interchange 0.0 liiiles
Base plEns supplied by FOOT
-
M. 1-95/ Linton Blvd. Interchange 0.0 miles
Base plans supplied by FOOT
-----------
Total 31. 8 miles
Article 3 -- Scope of Services
3.1 The Consultant shall perform and carry out the work necessary for the
design and construction contract administration of the aforesaid Project in
accordance with the teres, conditiDns, and covenants set forth in the Scope of
Services, attached hereto as Appendix A and incorporated herein by reference
and made a part hereof.
3.2 The Consultant shall perform these services in conformity with the
standards of reasonable care and skill of the Consultant's profession.
Page 2
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Article 4 -- City's Responsibilities to the Consultant
4.1 The City shall maintain close liaison with the Consultant during the
course of this Project. The City shall designate a representative,
hereinafter referred to as the "Project danager" authorized to c:ct on its
behalf during the course of the Project. The Project Maneger shall be
responsible for providing the Consultant with City policy on the Project, and
shall coordinate the work of City agencies involved on the Project with the
work of the Consultant. T;1e City, through its Project 11anager, shall exer::ine
all docur::ents submitted by the consultant and shall promptly render decisions
on the documents so as to avoid delay in the conduct of the Consultant's work.
The Consultant hereby recognizes that the City ~ay utilize any rJember of its
staff, including but not lioited to the Project Manager, to review and comment
upon the docill"ents developed by the Consultant.
4.2 The City shall provide all necessary information available to the City
regarding its requirements for the Project. All City maintained information,
drawings, reports and records as are existing, available and necessary for
carrying out the scope of services shall De furnished to the Consultant by the
City without charge.
4.3 If the City observes or otherwise becomes aware of any default or defect
in the Project or non performance of the contract documents, it shall give
prompt written notice thereof to the Consultant.
Article 5 -- Consultant Personnel
5.1 The Consultant represents that it has or shall retain, at its own expense
all personnel required to perform the services under this Agreement. Such
personnel shall not be employees of or have any contractual relationship with
the City, agencies providing funds for the Project, contractors,
subcontractors, or suppliers of materials for the Project.
5.2 All of the services required hereunder shall be performed by the
Consultant, or sub-consultants under its supervision, and all key personnel
engaged in performing the services shall be authorized under appropriate
state and local law to perfDrm such services.
5.3 The Consultant agrees that the services required hereunder shall at all
tLues be subject to review by representatives or the City. The Consultant
shall at all times keep"~he Project Manager informed of progress in carrying
out the services required hereunder including problems encountered, and shall
promptly consult said Project Manager concerning any and all technical
questions that arise.
Pa ge 3
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5.4 In performance of the services required hereunder, the Consultant and his
Sub-Consultants consist of at least the following firms:
Consultant:
H. Kurt Kettelhut and Associates, Landscape Architect
227 Goolsby Blvd.
Deerfield Beach, Fl. 33442
phone 305 426-4305
Sub-consultant:
Williams. Hatfield, and Stoner, Inc.
Engineers and Surveyors
1325 S. Congress Ave. Suite 118
Boynton Beach, Fl. 33435
phone 305 738-0133
5.5 Except as permitted by Article 5.4 hereunder, none of the work or
services required hereunder shall be subcontracted without prior written
approval of the City.
Article 6 - Time of Performance
6.1 The services of the Consultant shall commence immediately upon approval
of this Agreement by City Council and shall be completed no later than
thirty-six (36) months after commencement of the Project, subject to delays
beyond the control of the Consultant.
Article 7 - ..(:ompensation
7.1 ?ay~ent for all services of the Consultant, as set forth in Ap?endix A,
Scope of Services, shall not exceed the lump sum of $164,900.00. These
services shall be billed monthly, for the work completed to date, at the
following hourly rates.
7.1.1
Schedule of prDfessional hourly rates
Principal landscape architect:
consultation.............. .$65.00
design.................... .$55.00
traveL................... .$30.00
Associate landscape architect:
consultation...............$50.00
design. . . . . . . . . . . . . . . . . . . . . $45.00
drafting. . . . . . . . . . . . . . . . . . . $35.00
traveL................... .$23.50
ClericaL................. .$20.00
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7.2 Additional Services:
7.2.1 For Additional Services of the Consultant which may be required
but not described in Appendix A, Scope of Services, the City, at its
option, shall negotiate a lump sum fee for the Additional Services or
authorize payment at the hourly rates (see Article 7.1.1) which include
all employee costs, overhead, and profit of the firm.
7.2.2 For Additional Services of Sub-Consultants as defined in this
Agreement with the Consultant, the City, at its option, shall negotiate a
lump sum fee for these Additional Services or authorize payment to the
Consultant of an amount equal to one and one quarter (1.25) times the
amounts billed to the Consultant for such services.
7.2.3 No Additional Services shall be performed without prior written
authorization by the City.
7.3 Reimbursement to the Consultant at the rate of one times the amounts
expended by the Consultant, the Consultant's employees and
Sub-Consultants in the interest of the Project will be ~ade by the City
for the following items:
7.3.1 Out-of-town travel expenses including transportation, subsistence
and lodging.
7.3.2 Cost of long distance telephone calls, telegrams, other
telecDmmunications, and the cost of computer time for the Consultant and
Sub-Consultants.
7.3.3 Expense of reproduction of drawings, specifications, brochures,
reports, and other documents; shipping and posto;e charges; any sales,
~.
usage, occupation or similar taxes applicable to this agreement or the
performance of services hereunder; or the purchase of area maps, code
books, and similar materials not provided without charge to the
CDnsultant.
7.3.4 Aerial photographs and ground control surveys associated with
preparation of the required aerial photos.
7.3.5 Professional liability insurance.
7.3.6 Models and/or rendering of the project.
7.3.7 All reimbursable expenses with the exception of long distance
telephone calls, telesrams, and other telecommunications, shall require
prior written authorization by the City.
7.4 There shall be an annual adjustment to the hourly fees, and professional
liability insurance rates, to reflect the changes in the annual cost of
living. The change shall be based on federal government figures and shall
take effect on the anniversary date of the contract.
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Article 8 -- Method of Payment
8.1 The City will pay the Consultant for services rendered in each phase of
the contract on a monthly basis in accordance with the hourly rates set forth
in Article 7.1.1. The total Qonies paid to the Consultant at the conclusion
of any phase of the contract shall not exceed the total cu~ulative fees set
forth in the following schedule:
Professional Fee Pay~ent Schedule
Phase of Contract
Total Cu~u1ative fees Due
Total % of Contract
1. R.O.W. Review and Inventory $4.000.00
2.5%
2. Site Evaluation $8,000.00
5.0%
3. Base Data $56,000.00
34.0%
4. Site Analysis S60,000.00
36.5%
5. Development or Beautiricatiou 572,000.00
Design Standards
44.0%
6. Beautification ;~ster Plan 377,000.00
47.5%
7. Public & Governmental Reviel< 579,500.00
49.0%
8. Final Schedules & Budget 581,450.00
50.0%
9. Landscape Contract Drawings $136,450.00
83.0%
~-
10. Landscape Inspections $161,450.00
98.0%
11. Project Adoinistration $164,900.00
100.0%
8.2 The City shall pay invoices sub~itted pursuant to this Agreement within
thirty (30) days of submittal of the invoice.
The City will make partial pay@ents based on the progress of work and the
payment request submitted by the Consultants. Payment requests shall be
submitted on or about tne first of each Qonth on the forms approved by the
City. Payment will be made within thirty days of the date of approval by the
City of the Consultant payment request. Partial payments not paid within the
thirty day period and final payments not paid within forty-five days will
bear no interest penalty.
8.3 The parties mutually covenant that nothing in this Section shall be
construed as authorizing expenditures in excess of the a@ounts set fortll
elsewhere in the Agreement.
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Article 9 -- Maintenance, Inspection, and Audit of Records
9.1 The Consultant shall provide the City free access at all times to such
books and records as are related to this Agreement, and shall provide the
right to examine and audit the same aad to wake transcripts therefrom, and to
allow inspection of all work data, documents, proceedings and activities
related to this Agreement. All such accounts and records shall be retaiaed by
the Consultant for at least three (3) years after the perfor~ance of the
Agreement.
9.2 The Consultant shall permit the authorized representative of the City to
inspect 2nd audit all data and records of the Consultant relating to his
performance under this Agreec2nt.
Article 10 -- Termination of Agreement
10.1 Termination for Cause: If the Consultant shall fail substantially to
fulfill in a timely and proper manner its obligations under this Agreement, or
if the Consultant shall violate any of the covenants, agreements or
stipulations of this Agreement, the City shall thereupon have the right to
terminate this Agreement by giving written notice to the Consultant of such
termination and specifying the effective date of such termination. In the
event of termination, reproducible copies of all finished or unfinished
documents, data, studies, surveys, drawings, naps, models, photographs, and
reports prepared by the Consultant shall become the property of the City, and
the Consultant shall be entitled to receive compensation for work performed on
such documents and other materials completed through the date of termination.
10.2 Termination at Convenience of the City: The City way terminate this
Agreement at any time by giving written notice to the Consultant for such
termination and specifying the effective date of suct termination. In that
event, allf~nished or unfinished documents and other materials, or copies
thereof, shall become the property of the City. If the Agreement is
terminated by the City as providad herein, the Consultant will be paid an
amount which bears the same ratio to the total contract sum as the services
completed by the Consultant bear to the total services of the Consultant as
covered by this Agreement, less payment of compensation previously made.
10.3 In the event the Consultant does not cOr.1plete all services contemplated
hereunder for any reason, the Consultant cannot be held responsible for the
accuracy or workability of any plans, drawings, or specifications prepared by
the Consultant to the extent any such inaccuracy or non-workability could have
been discovered by the Consultant during the performance of the remainder of
his services to completiDn.
Article 11 -- Changes in tne Scope of Services
11.1 The City may from time to time require changes in the scope of the
services of the Consultant to be perforwed hereunder. Such changes, including
any increases or decreases in the amount of the Consultant's compensation,
which are ~utually agreed upon by and between the City and the Consultant, and
which can be paid for within the funds provided for under Article 7, ?aragraph
7.3 shall be authorized in writing by the City prior to the Cor.sultant
performing any work on said changes.
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Article 12 -- Interest of Public Officials
12.1 No member, officer or employee of the City during his tenure or for one
(1) year thereafter shall have any interest, direct or indirect, in this
Agreement or the proceeds thereof.
Article 13 -- Interest of the Consultant
13.1 The Consultant covenants that it presently has no interest a~d shall not
acquire any interest, direct or indirect, which would conflict in any manner
or degree with the perfor'ilance or services required to be performed under this
Agreement. The Consulta~t further covenants that in the performance of this
Agreement no person havi~g a~y such i~terest snaIl be ewployed.
Article 14 -- Assignability and Subcontracting
14.1 The Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment or
~ov2tion), without the prior written consent of the City.
Article 15 -- Ownership of Documents
15.1 All original drawings, specifications, reports and materials prepared
by the Consultant specifically in the perforwance of this Agreement shall
become the property of the City upon its payment for the services rendered
hereunder, and all such drawings, specifications, reports and materials shall
be dalivere~'~o the City as specified in this Agreement, or upon any
termination thereof. Any risk of loss, destruction or dmnage of or to said
drawings, specifications, reports and materials shall be borne by the
Consultant prior to the time when the same are delivered to the City. The
Consultant will not be responsible for the use or workability of such
drawings, specifications, reports and materials provided to the City if such
drawings, specifications, reports and materials are used in connectio~ with
any construction other than this Project, and the City shall hold the
Consultant harmless from and indemnify and defend the Consultant against any
liability the Consultant may incur by reason of any claim wade against the
Consultant resulting from such other use. The Consul tent may retain as iJany
copies of such plans, drawings, specifications, reports and materials for ita
records as it deems necessary.
Article 16 -- Applicable Law
16.1 This Agreement shall be governed by the laws of the State of Florida
with venue in Palm Beach County, Florida.
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Article 17 -- Notices
17.1 All notices or other communications to either party by the other shall
be deemed given when made in writing and deposited in the United States Post
Office addressed as fDllDWS:
To the City:
Beautification Project Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
To Consultant:
H. Kurt Kettelhut
h. Kurt Kettelhut and Associates
227 Goolsby Blvd.
Deerfield Beach, FL 33442
Either party hereto may from time to tL~e change the designation to which the
notices required hereunder are to be given by sending notice of its new
address to the other in the manner set forth in this paragraph.
Article 18 -- Non-Waiver
18.1 The failure of the City at any time to insist upon a strict performance
of any terms, conditions and covenants herein shall not be dee~ed a waiver of
any subsequent breach or default in the ter~s, conditions and covenants herein
contained.
Article 19 -- Extent of Agreement
~
19.1 This Agreement, consisting of Article 1 through Article 24 and Appendix
A, represents the entire and integrated agreement between the City and the
Consultant and super cedes all prior negotiations, state~ents,instructions,
and representations or agreements, whether written or oral.
19.2 The invalidity or illegality of any prov1s10n of this Agreement, as
determined by a court of last resort of competent jurisdiction, shall not
affect the validity of the remainder of this Agreement, and this Agreement
shall remain in full force and effect as if such illegal or invalid provision
were not contained herein.
Article 20 -- Changes in Agreement
20.1 Any proposed change in this
the City for its prior approval.
the City and the Consultant.
Agreement or its scope shall be submitted to
All changes will be by written agreement of
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Article 21 -- City Right
21.1 The City shall nave the right to disapprove any portions of the
Consultant's work Dn the Project, including, but not limited to, schematic
design studies, design developoent studies, and cOutract documents, for
reasons including, but not limited to, aesthetics, or because, in the City's
opinion, the construction cost is likely to exceed the maximum construction
cost, but such apprDvals may not be unreasonably withhela.
Article 22 -- Insurance
22.1 The Consultant shall provide the following insurance covera3es
during the duration of this contract.
22.1. 1 WorkI:lan 's cOJ:1pensation insurance for all of the Consultant's
employees in conpliance with the "Worker's Compensation Law"
or the State of Florida and all applicable Federal laws.
A. Employer's Liability with minimum limits of five hundred
thousand dollars CS500,GOO.OO) each accident.
B. Notice of Cancellation and/or Restriction - The policy or
policies J:1ust be endorsed to provide the City with thirty
(30) days notice of cancellation and/or restriction.
22.1.2 Comprehensive General Li&bility with ~iniwum limits or one
Dillion dollars ($1,000,000.00) per occurrence combined single
liwit for Bodily Iuj~ry Liability and Property Damage Liability.
Coverage must be affcrd2d on a foro no c.ore restrictive than the
latest edition of the Comprehensive General Liability policy,
__ without restrictive endorsements other than ISO Endorsement GL
~21 06 (Engineers, Architects, or Surveyors Professional
Liability exclusion), as filed by the Insurance Services Office
and ~list include:
A. Premises and/or Operations.
B. Independent Contractors.
C. Products and Completed Operations.
D. Broad Form Property Dac~ge.
E. Personal Injury Coverage with minimum limits of coverage
equal to those required for Bodily Injury Liability.
F. The Consultant's insurance, including that appicable to the
City as an Additional Insured, shall apply on a primary
basis and any other inSurance maintained by the City shall
be in excess of and shall not contribute with the Consultant's
insurance.
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H. Notice of Cancellation and/or Restriction - The policy or
policies must be endorsed to provide the City with thirty
(30) days notice of cancellation and/or restriction.
22.1.3 Business Automobile Liability with minimum limits of three
hundred thousand dollars ($300,000.00) per occurance combined
single limit for Bodily Injury Liability and Property Damage
Liability. Coverage must be afforded on 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-Ownership Vehicles.
C. Employer's Non-Ownership.
D. Notice of Cancellation and/or Restriction - The policy or
policies must be endorsed to provide the City with thirty
(30) days notice of cancellation and/or restriction.
22.1.4 Professional Liability Insurance with minimum limits of one
million dollars ($1,000,000.00) per occurance applicable to the
City under this contract and requiring notice to the City at least
thirty (30) days prior to cancellation or restriction of coverag~,
Coverage shall be afforded on a form acceptable to the City.
The Consultant shall maintain such professional liability
insurance during the duration of this contract or until the
completion of the contract. (See Articles 7.3 and 7.3.5)
22.2 The City of Delray Beach shall be named as an Additional Insured on all
of above-<J:eptioned policies.
22.3 Certificates of Insurance evidencing all required insurance policies
shall be delivered to the City, Office of City Attorney, prior to commencement
of work.
Article 23 -- Indemnification
23.1 The Consultant shall indemnify, save harmless, and defend the City,
its officials, officers, employees and agents from and against all claims,
suits, actions, damages, or causes of action arising during the terms of the
resulting agreement for any personal injury, loss of life, or damage to
property sustained by reaSDn or as a result of perforw~nce of the consulting
work for which the resulting agreement was entered into, or its agents,
employees, invitees, and all other persons, and from and against any orders,
judgements, or decrees, which cay be entered thereto, and from and against all
costs, attDrney's fees, expenses and liabilities incurred in or by reason of
the defense of any such clain, suit or action, and investigation thereof.
Nothing in the resulting agreement shall be deemed to affect the rights
privileges and i~~unities of the City as set forth in Florida Statute 768.28.
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Article 24 -- Arbitration
24.1 All internal disputes not constituting a breach of contract, between the
parties hereto, arising out of or relating to this agreement will be decided
by arbitration in accordance with the rules of the American Arbitration
AssociatiDn. This agreeQent to arbitration and any other agreement or consent
to arbitrate entered into between the parties "ill be specifically enforceable
under the prevailing arbitration laws of the State of Florida. All other
claims and counter clai~s arising out of this agreeQent which constitute a
breach of contract are to be settled in a court of competent jurisdiction as
provided within this agreement.
24.2 No arbitration arising out of or relating to this agreement shall
include by consolidation, joinder or in any other Qanner, any additional
person not a party to this agreeQent except by written consent of the parties.
Any consent to arbitration involving an additional person or persons shall
not constitute consent to arbitration of any dispute not described within this
agreement.
24.3 i/otice of the demand for arbitration shall be filed in wr1tng with the
other party to this agreement and with the American Arbitration Association.
A demand shall be made within a reasonable time after the internal dispute has
arisen. In no event shall the demand for arbitration be made after the date
when institution of legal or equitable proceedings based on the internal
dispute would be barred by the applicable statute of limitations.
24.4 The award rendered by the arbitrators will be final, not subject to
appeal and judgement may be entered upon it in any court of law having
jurisdiction thereof.
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IN WITNESS'WHEREOF, the City and the Consultant have executed this
contract as of the day and year first above written.
Attest:
CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA
B/2Jf
Doak S. Campbell,
L~",;A~d 4... -;I
City erk
Approved as to form and
correctness:
~
<-~A
~.Ci y Attorney
~.
Witness
n. Kurt Kettelhut and Associates
1.~
BO(~'
H. Kurt Kettelhu , Owner
~
Ivitness
State
of ~\U'U~
Of~~
County
----
I HEREBY CERTIFY that on this date before me, an officer duly
authorized in the state d c un y ame above to take acknowledgments,
personally appeared , :<nown to me to bA the.-l
ll;rs~"n dEt"jlrib~ in anJl w~ exe~J~hp foregoing instrument as .=H " K LU:l:.
~ (J All ~ ~O~ sole propnetorsh~p, owned and
operated by H. Kurt Kettelhut. He acknowledged before me that he executed
the foregoing instrument as such an officer in the name and on behalf of the
sole proprietorship.
-C-pA "( .l
SWORN TO AND SUBSCRIBED before me this ?J 0 ~ day of
, 1987.
~, (\ }~~...,~.
Ny Commission Expires M Co .. E A" 12 1988
Y mmlUlon Jpns Pfll .
knoed Tnr.. ilor t.'n.ln~'".II"', hie.
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APPENDIX A
SCOPE OF SERVICES
I. R.O.W REVIEW AND INV2NTORY: The Consultant shall make a visual and
physical inspection of the project R.O.W. 's and prepare a plan
illustrating the information that will be relevent to the beautification
design. Factors that will be considered ir.clude, existing landscaping,
median and roadside conditions, locations of curbs and over-head lines,
general character of roadway, volume of traffic, and importance of the
roadway within the city syste8. The following services will be included
in this phase of the contract.
A. Site inspection
B. Review with utility companies
C. Review of codes and permitting procedures
D. Preli'"inary phasing plan @ 700 scale
II. SITE EVALUATION: Based upon the information gathered during the
inventory phase of the contract the Consultant shall prepare a plan
and report illustrating design conclusions for the entire R.O.W. system.
The design conclusions will deal with the landscape potential of the
roadways and R.O.W. 'so This phase will include the following services.
A. Review of base data
B. Beautification potential & analysis plan @ 700 scale
C. Prepare beautification report and determine over-all
goals and objectives for the project
--......,-
III. BASE DATA: The Sub-Consultant will, with the assistance of the city
staff and based on aerial photographs flown specificly for this project,
prepare the necesary R.O.W. and roadway base plans. These base plans
will include the fDllowing information.
A. Prepare 55 to 60 base sheets for the proposed
baautification R.O.W. Each sheet shall include a
line drawing of two (2) separate sections of roadway,
at 50 scale, 1400' to 1600' in length, showing the
follol;ing information and features.
1. R.O.W. lines, both existing and future
2. Edge of pavement, curbs, and medians
3. Overhead utility lines and poles
4. Sidewalks
5. Underground utilities to be located with the
assistance of the various utility companies
and the City's utility department. The location of any
underground utilities on the plan will be schematic and
will not include any field verification. ~
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IV. SITE ANALYSIS: Based on the EvaulatiDn Phase plan and report, design
recommendations will be made for the over-all character of the R.O.W.
system. These recommendations will establish the importance of the
various roadways within the system, key locations within these roadways
and the nature of landscaping at these locations and elsewhere within
the over-all system.
A. Consultant review of base data and development of
landscape potential plans @ 300 to 700 scale, based
on the following criteria.
1. D.O.T. and ?alm Beach County landscape standards
for the beautification of roadways
2. The importance of the roadway
3. Proposed highway improvements
4. Existing and proposed utilities
5. Existing roadway conditions
6. Beautification program guidelines
3. Staff review of landscape potential plans
V. DEVELOPMENT OF BEAUTIFICATION DESIGN STANDARDS: Due to the complex
nature of the beautification project it will be impossible to prepare
design development plans and sketches for the entire roadway system. As
an alternative to that the Consultant will prepare the following
design plans and reports.
A. Prepare typical landscape design plans and sections
for each of the different types of roadway to
-_~nclude residential, local, collector, and free-way
interchange. Road plans shall be 30 scale with details
and sections @ 1/4 to 1/8 scale.
B. Present beautification analysis and design proposals to
city staff.
C. Develop preliminary landscape budgets and
phasing plan @ 700 scale.
VI. BEAUTIFICATION MASTER PLAN: The Beautification Master Plan will be the
plan that unifies and relates the design development plans and sections
to the over-all R.O.W. system. The master plan will show the general
landscape character for all of the R.O.W.'s, and the 10catiDn of each of
design development drawings in relationship to the over-all plan. The
specific plans and drawings included in this phase are as follows.
A. Prepare illustrative landscape development
plan of the over-all beautification project
@ 300 to 700 scale.
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B. IncDrporate design development plans and
sections of typical roadways into master plan
presentation.
C. Prepare final phasing plan @ 700 scale.
D. Develop master plan development budgets.
E. Staff review of master plan
F. Present plans to City Council
VII. PUBLIC AND GOVERNMENTAL REVIEW AND APPROVAL: As a part of the Cities
desire to have the project move ahead as smoothly as possible the
Consultant will assist the CiC1 staff in presenting the Beautification
program to several community groups and governmental agencies.
A. Two Presentations to both the Beautification Trust Fund
and the Community Redevelopment Agency.
B. Two Reviews with governmental agencies and utility compar.ies
to include Florida Department of Transportation, Palm Beach
County Engineering Department, Florida Power & Light, Southern
Bell, and the City \'ater & Sewer Department.
VIII. FINAL SC1EDULES AND BUDGET:
A. Set final construction schedule, phasing plan
and landscape budget with City staff.
~-
IX. LANDSCAPE CQtiTRACT DRA~IINGS: The Consultant shall provide the City with
the following landscape drawings, plans, and specifications for the
specific purpose of installing proposed landscape plantings within
public R.O.W. 's within the City of Delray Beach. The contract plans
shall be based upon the approved Beautification Design Standards and
Master Plan. (see sections V. and VI. of Appendix A)
A. Landscape planting plans @ 50 scale
B. Landscape irrigation plans @ 50 scale
C. Landscape and irrigation specifications
D. Landscape planting details
E. Minor curb lay-out plans for roadside
and median landscape planting areas
F. Final budget and schedule
G. Bidding assistance
H. Irrigation electrical plans
X. LANDSCAPE INSPECTIONS: The Consultant shall provide the City with
a tDtal of 550 hours of inspections based on the folllWing
schedule. The City shall have the right to make adjustments to the
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schedule as long as the total number Df hours does not exceed the
total of 550. In the event the hours exceed the total of 550 the
additional time shall be cDnsidered an extra to the contract and charged
at the prevailing hourly rates (see Article 7.2 Additional Services)
Recommended Inspection Schedule:
A. Pre-job conference, one (1) per phase
B. Two weekly inspections (during contract period of each phase)
C. Review of monthly invoices (during contract period of each phase)
D. Final inspection and ~roject approval, one (1) per phase
XI. PROJECT ADMINISTRATION:
A. Design review reports to City staff, provided in conjunction with
the following phases Df the contract: SITE EVALUATION,
SITE ANALYSIS, and BEAUTIFICATION ;'iASTER PLAN.
B. Landscape inspection reports, one (1) provided weekly during the
contract period of each phase of landscape installation.
XII. ITEMS NOT INCLUDED IN CONTRACT:
A. BeautificatiDn reports, brochures, graphics
and/or presentations not listed in this
scope of services.
B. Revisions to previously approved beautification plans: the City
__shall provide the consultant with a written review and approval
;r the work at the completion of each phase of work as described
in sectiDns I. to XI. of Appendix A. Any changes and/or revisions
to the plans and/or reports requested by the City after their
written approval shall be considered additional services.
(see Article 7.2)
C. Civil engineering plans and/or surveys for major roadway
improvements resulting frDm beautification proposals
approved by the city of Delray Beach Florida.
D. Architectural plans of beautification improvements.
E. Beautification plans for areas outside the public ROW'S
listed in Article 2.1.1 of this agreement.
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NAME AND AOORfSS Of AG(Hc;V
.RA IR.UIIIUIOItaL 'IV
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BOCA RATOIlI. FL. Dat
COMPANIES AFFORDING COVERAGES
COltUIlUII-' DISUIARCE aJltAIIT
COMPANY A
LETTER
COMPANY B
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lETTE"I
COMPAr-"y E
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NAME ,tHO ADDRESS Of INSURED
H. DIIn' R.11t.utI1T I ASSOC
'l27 t:rQ ID BUD.
IlEERFInD BEACH. Fl. 33441
Thrs 1$ to certify that polICIes of Insurance listed below have Deen ISSUed to the Insured named above and are In force at thIS time Notwithstanding any requirement. term or condition
of any contract or other document WIth respect to whIch thiS certl'lcate may be ISSUed or may pertain the insurance aHorded by the polICies described herein IS sublect to all the
terms. exclusions and conditions of such poliCIes.
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POLICY
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BQDll Y INJURy ......C
PP('PC'lT" CAMAGE
~ r....(R c'-IAN _'''''6;;>E~~':'
FORM
-'::MB'Nf:'
,WORKERS' CDMPENSATION
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and
EMPLOYERS' LIABILITY
DTHER
'''' .. ~,_: Q~'"
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I 4/11188
1.000.000
A
ICIUI. UM.
l.ACJ9a1149
Cancellation: Should any of the above described polICies be cancelled :>efore the eXpiration date thereof. the Issuing com-
pany Will __...l__ ar to mall -30- days written notice ~c the below named certificate holde~, but failure to
mail such notice shall Impose no obligation or liability c,f ary kind upon the company
NAME AND ADDRESS OF CERTIFICA TE HOLDER
DW .0Q "u 1..1987
(_"u<Uj r \ f.: r \
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City of Del,., Beach
100 III 1st Aft
Dell'Q'. Fl. 33444
ATTII: lEE GINlAM RISl".
cm OF DELRAY BEAOf. Fl.
AUTHORIZED RePResENTATIVE
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ichard R. Ford Insurance Agency,
tate Farm Insurance Companies
900 West Atlantic Blvd
rgate, FL 33063
I THIS CERTIFICATE IS ISSUED.... A MATTER ~ INFORMATION ONLY AND CONFERs
NO RIGHTS UPON THE CERTIFICATE -.oER. THIS CERTIl'1C4TE DOES NOT AMEND
Irc':XTEND OR AL TEA THE CDVERAGE AFFORDED BV THE POLICIES IIEl.OW. .
COMPANIES AFFORDING COVERAGE
::OMl;'AN"
_E-r-::l
A APPLIED FOR WITH FLORIDA STATE FUND
,:;Y..1PA.NY B
.'-=" STATE FARM MUTUAL
. Kurt Kettelhut
/b/a H. Kurt Kettelhut
27 Goolsby Blvd
eerfield Beach, FL
":O\PA,I'(v C
& As soc i a te:s . '.'0"" 0
.
33442
'::C'MP,';;-"Y E
:..ETTER
THIS tS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THfS CERTIFtCATE MAV
BE ISSUEO OR MAY PERTAIN, THE INSURANCE A.FFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS. EXCLUSIONS, AND CONOI.
TIONS OF SUCH POlICIES.
TYpE OF INSURANCE
or
~'.'~:: :;
'-.':-' :H:C~VE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
:~': ."'MiDDi'fY, DArE (MM/OOt(Y1 EACH AGGREGA n:
OCCURR
$ $
PROPEAT'r I $ $
DAMAGE
81 & PO I $
COMBINED $
PERSONAL INJURY $
""'"
'lJUIlY $300,
~~~~SON)
I I"'"
5/1/87 j6/21/87 'U'RY $300,
i~~~OE'lT1
,
i PROPERTY $300,
: DAMAGE
81 & PO I
! COMBINED $
,
181 & PO $
i COMBINED
lEACH ACCloENn
'5/1/87 5/1/88 (DISEASE.POLICY lIMITI
(DISEASE-EACH EMPLOYEE,
GENERAL UABILlTY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
PROOUCTS/CQMPlETED OPERAiIO~S
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAl INJURY
AUTOMOBILE LIABILITY ---'_
ANY AUTO
All OWNED AUTOS !PR1V PASS,
All OWNED AUTOS (OTHER ThAN)
PRIV PASS
HIRED AUTOS
NoN-QWNED AUTOS
GARAGE ltASIUTY
5457183F2159C
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FOAM
WORKERS' CDMPENSA TICN
AND
EMPLOYERS' LIABILITY
applied for
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLESiSP=CIAl ITE~..1S
City of Delray Beach
100 NW 1 Avenue
Delray Beach, FL
33444
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THE PLASTRIDGE AGENCY, INC.
P.O. Drawer 730
Delray Beach, FL 33444
THIS CERTIFICATE IS ISSUED AS .. ....TTER OF IIlFOIlMA TIOH OHI. Y AND CDNFERs
NO AIQHTS UPON THE CERTIFICATE HOI.DER. THIS CERTIFICATE DOES NOT _.
EXTEND OR AL TEA THE COVERAGE AFFORDED BY THE POl.ICIEs BELOW.
COMPANIES AFFORDING COVERAGE
INSURED
H. Kurt Kettlehut and Associates
227 Goolsby Blvd.
Deerfield Beach, FL 33442
, COMPANY A
' LETTER
COMPANY 8
LETTER
COMPANY C
I LE"":"TER
':O",APANY D
_E~ER
COMPANY E
i...cTTER
Insurance Company of North America
THIS IS TO CERTIFY 1HA T POLICIES OF INSURANCE LISTED BELOW HAVE BeEN IssueD TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICA TED.
NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUEO OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS. AND CONOI.
liONS OF SUCH POLICIES.
TYPE OF INSURANCE
POLICY NUMBE=1
;>() L! C Y : t tE C r~v € POliCY EXPIRATION LIABILITY LIMITS IN THOUSANDS
JATE rMMiOOI"t"'n DATE IMMIOOIYY\ eACI"l AGGREG... TE
VCC\.JRRE"'CE
BOOllY
INJURY $ $
4/30/87 4/30/88 PROPERTY
DAMAGE $ $
BI & PO $1,000, $1,000,
COMBINED
PERSONAL INJURY $
1,000,
ml'
...., $
i~q~llSl)ol
!(.OIL.'
;""I,,'~~ $
p!;qAQ:;(If'n
4/30/87 4/30/88
PAOPEATY
DAMAGE $
GENERAL LIABILITY
X COMPREHENSIVE CORM
x PREMISESiOPEq,ATlONS
UNDEAGROUND
EXPLOSION & COLLAPSE :iAZARO
x PRODUCTS/COMPLETED OPERA TIONS
x CONTRACTUAL
X INDEPENDENT CO~TAACTORS
- X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY
i OBPD15557771
AUTOMOBILE LIABILITY --.
ANY .&.UTO
Au. OWNED AUTOS ,P~IV PASS'
All OWNED AUTOS (~~~qp~~~'J)
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE UA8iL:T'.
OBPD15557771
EXCESS LIABILiTY
UMBAELL~ FORf...\
OTHER THAN UMBAEi..:".~ FORM
ISI & PO
COMSI~Eu $
I
[$
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STA,'UTORY
OTHER
$
$
$
,E:'CH ACCIDENT1
IOISEASE-POlICY LIMIT)
.DISEASE-.EACH EMPLOYEE)
DESCRIPTION OF OPERAT10NS/LOCAT10NSNEHICLESISPECIAL ITEMS
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THE PLASTRIDGE AGENCY, INC.
P.O. Drawer 730
Delray Beach, FL 33444
THIS CERTIFICATE IS ISSUED AS A UTTER OF INFOllIlA TION OHI. Y AHD CONFERs
NO IIlGHTS UPON THE CEllTlFlCATE HCU." THIS CERTIFICATE DOES NOT AMEHo.
EXTEHO OR....TER THE COVERAGE _ BY THE POUclES IlELDW.
COMPANIES AFFORDING COVERAGE
INSURED
COMPANY A
LETTER
I COMPANY 8
, lETTER
I
I COMPANY C
I lETTER
i
COMPANY D
, lETTER
I
I COMPANY E
, LETTER
I
Insurance Company of North America
H. Kurt Kettlehut and Associates
227 Goolsby Blvd.
Deerfield Beach, FL 33442
.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEAIODINOICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR UA Y PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEAEIN tS SUBJECT TO AU THE TERMS. EXCLUSIONS. AND CONOI.
TIONS OF SUCH POLICIES.
TYPE OF INSUFMNCE
POLICY NUMBER
pOLf" ::;;:C~IVE Ql)lICY EXPIR), nQPo LIABILITY LIMITS IN THOUSANDS
::lATE ~l,too;yy) OATE"IMWOI)NY) EACH AGGREGA fE
OCCUAAE"lCE
BODilY
INJURY $ $
4/30/87 4/30/88 PROPERTY
DAMAGE $ $
81 & PO $ 1,000,- $1,000,
COMBINED
PERSONAL INJURY $1,000,
m.,
"'" $
Pf~ ~~SO,*I
m,'
:~~ $
4/30/87 4/30/88 ;~~.lQ;;[)fY
~RO~ERTY
D....MAGE $
I BI &. ~D
J COMBINED $ 1,000,
I BI & ~o $ $
COMB1~ED
S"tATUTORY
$ ,[:.CH ACCIOEND
$ 'OISEASE.POUCY L1MlD
$ .DISEASE.EACH EMPLOYEE)
GENERAL LIABILITY
X COMPREHENSIVE FORM
x PREMISES:OPERA nONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
x PROOUCTSJCOMPLETEO OPERATIONS
x CONTRACTUAL
X INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY
OBPD15557771
AUTOMOBilE LIABILITY _
ANY AUTO
ALL OWNED AUTOS fPRIV PASS J
All OWNED AUTOS (~~~JRp~~~N)
X HIRED AUTOS
X NON-QWNEQ AUTOS
GARAGE LIABILITY
OBPD15557771
EXCESS LIABILITY
UMBRELLA ,c:ORM
OTHER THAN UMBRELlll. ~ORM
WORKERS' COMPENSATION
AND
EMPLOYERS' UA8IUTY
OTHER
DESCRIPTION OF OPERA TlONSllOCA TlONSNEH1ClESJSPEC1AL ITEMS
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It PUSftIDCI MlIIIICY. I.e.
.0. Dr_r 730
elray Rach. PI. 33444
4/30/17 .1
THIll CERTIFICATE IS ISSUED AS A....TTER OF INFOAIIATIOH OHLY AI/IJ CONFERs
NO AIGKTS UPON THE CEllTlFlCATE HOUlER. THIll CERTIFICATE DOES NOT AMEND.
EXTEND 011 .... TEA THE COYERAQE AFFOIIIlED BY THE POUCIEs BElOW.
COMPANIES AFFORDING COVERAGE
B. (~rt lettl.but and As.o~1~te.
227 Go<:>1aby Blvd.
Oe.rf1eld a.aeb, YL 33442
COMPANY A
LETTER
COMPANY B
I LElTER
I COMPANY C
I LEITER
, COMPANY D
! LETTER
: COMPANY E
I LElTER
IOBur.nee ~,.ny of ~oTtb A.erica
THIS IS TO CERTIFY TH... T POUClES Of' INSURANCE USTED BELOW HAVE BEEN rssueo TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OA CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND COHDI.
TIONS OF SUCH POLICIES.
TYPE OF INSURANCE
POLICY NUMBER
:lQL.CV :~~:CTIVE
,JA'E ;~I,{>COt(y\
Pl'JlICvExPIRP,(}'j
DArE I'-'MIOOMl
LIABILITY LIMITS IN THOUSANDS
C)(;C'~~~E~CE AGGREGATE
GENERAL LIABILITY
COMPREHENSIVE FORM
PREMISESiOPfRA TIONS
UNDERGROUND
EXPLOSION & COLlAPSE HAlARD
PROOUCTSlCOMPlmO OPERA nONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD RJRM PHOPERT'f DAMAGE
PERSONAl INJURY
OllP015S51771
4/30/81
/4/3"88
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,
BODilY
INJUf'lY
I
1$
$
PROPE;l.,....!
DAMAGE I $
$
~~t;l~ED $1.. 00f).
$1,000.
PERSONAL INJURY
$1,000,
AUTOMOBILE L.JA8ILlTY
ANY AUTO
AlL OWNED AUTOS (PRN PASS)
ALL OWNED AUTOS (~~JRp~~N)
X HIREO AUTOS
oX NON.QWNEO AUTOS
GARAGE LIABILITY
O!P1H 55 57771
4/ )f;i87
4/30/88
mc'
''''-'UIlY
IPf~Pf::;~, $
-,
IIroJ.IIIY
PO;::;>\COCf:'OT: $
I PROPERTY
DAMAGE $
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
'Bl & PC'
! COMBINED $ l .. aoo.
~~t;I~ED $
!
1$
,
WORKERS' COMPENSATION
AND
EMPLOYERS' UA8UJTY
lEACH ACCIDENT)
'DISEASE.POllCY UMID
,OISEASE.EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPEAATIONSlLOCATIONSNEHIClES/SPECrAL ITEMS
Additional Ineured:
City of D.!ra, j~cch
100 5.V. 1st Aven~
o.l~ay 8~3Ch, ,~ 33445
:..--.--
. . . .'
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EX.
PIAATIDN DATE THEREOF. THE ISSUING COMPANY WILL"t!IIlI1!I~
IWI. 30 DAYS~
lEFT. _..IlII.=
~ .
AUTHORIZED REPRESENTATIVE
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