07-03-84SpMtg JULY 3, 1984
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Council Chambers at City Hall at 7:00 P.M., Tuesday, July 3, 1984.
1. Roll call showed:
Present - Council Member Malcolm T. Bird
Council Member Marie Horenburger
Council Member Arthur Jackel
Council Member Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - None
Also present were - City Manager James L. Pennington, and
City Attorney Herbert W.A. Thiele.
Mayor Campbell called the meeting to order and announced
that this meeting has been called for the purpose of (1) considering
approval and authorization to execute Interlocal Agreement relative to
distribution of 4¢ gas tax; (2) considering contract with Sanders Plan-
ning Group for planning services for Barwick Park; and (3) considering
acceptance of deed for property from Richard Block.
1. Mayor Campbell reported this item is in anticipation that
all the citizens of Palm Beach County are going to approve the addi-
tional 2¢ gas tax by letting their Commissioners know they approve it;
we in Delray Beach will be getting a certain share of that and this is
what the Interlocal Agreement is all about. He added that the estimated
additional share of 2¢ will mean $224,520 annually to Delray Beach, the
second highest amount in the County.
Mr. Bird moved for the approval of the interlocal Agreement,
seconded by Mr. Jackel. Said motion passed unanimously.
2. The City Attorney advised that the contract, as written, is
apparently still on its way from Mr. Sanders; he has requested that
until the actual document gets here, Council defer this item until later
in the meeting.
The City Attorney advised that Council approval is requested
and authorization of acceptance of the deed as in the form that Council
saw before. He stated Council approved of the form, but now we have
gotten the deed back and Council's approval and acceptance of the prop-
erty as written with those terms and conditions is requested; closing on
the property is now set for Tuesday.
Mr. Bird moved for acceptance of the deed for property from
Richard Block, seconded by Mr. Jackel. Said motion passed unanimously.
Upon advice of the City Attorney, the Special Meeting was
held open to resolve Item 2 and the Workshop Meeting was called to order
at 7:10 P.M. The Special Meeting was reconvened at 8:30 P.M.
2. The City Attorney reported that the City staff, through Dan
Winter's office, has conducted negotiations with Mr. Sanders to provide
the landscape architectural services for the Barwick Park project under
the State Grant. The issue before Council is basically choosing Mr.
Sanders formally and authorization to enter into an agreement with
Sanders Planning Group in accordance with the terms of the agreement
which has been distributed to Council.
The technical portions were negotiated between the City At-
torney's Office and Mr. Sanders and his attorney; it is agreeable to the
City as to legal sufficiency and as to form, except for two items, which
as a policy matter Council needs to accept or not. The City Attorney
stated that under normal circumstances they would not be acceptable to
the City from a legal standpoint, but due to the nature of the contract
for landscape architectural services, not construction work, and second-
ly, because of Mr. Sanders' quality reputation in the community, it
seemed to him that it is a better policy decision than it is a legal
decision. Specifically, the two it~,s are: on page 6, paragraph 2.2.4
re "The Landscape Architect shall not be liable for the results of any
such interpretations or decisions rendered by him in good faith" -that
is a different standard of review than normal contract or tort liability
theory; it is a stronger defense to allegations that an error was made.
The second item is on page 12, paragraph 4.3.2. which provides that if
the contract is terminated unilaterally by the City any time during the
course of the contract, that the landscape architect would be eligible
to receive all of the funds and fees he had earned to the point where we
terminated the contract; under normal circumstances there is no problem,
except that the City added in there "except if that termination is for
cause", i.e., that there was an error made. The City Attorney advised
that his concern was that it would entitle them to full fees to the
point of termination even if the termination was because of errors made.
The City Attorney advised the rest of the agreement was
worked out between him and Mr. Sanders' attorney and they have agreed to
a lot of provisions that under most circumstances they probably would
not have, but did so because of their willingness to want to do this
contract for the City; the City Attorney thanked them for their indul-
gence.
Upon question by Mayor Campbell, Mr. Sanders stated it is
merely legal interpretation and choice of words.
Discussion followed regarding "good faith". The City Attor-
ney advised he had included "which are rendered in a non-negligent
manner and in good faith". Mayor Campbell suggested the City Attorney
make that change and submit the contract to Mr. Sanders to check with
his attorney.
With regard to the second item, the City Attorney stated
that if the City terminates the contract for errors made then he is not
so sure he wants to agree in the contract that he (Sanders) is entitled
to the fees; that would be a subject of dispute.
The City Attorney was requested to make the appropriate
changes.
For the record the City Attorney stated that these two areas
of dispute are not intended to be any reflection upon the Sanders Plan-
ning Group or Marvin Sanders, in particular; it is contract language
disputes, not business disputes.
Mr. Bird moved for approval of the agreement with the lan-
guage changes as recommended by the City Attorney, seconded by Mr.
Jackel. Said motion passed unanimously.
1. Mr. Bird suggested that it might be appropriate to send the
consensus of this Council to the Board of County Commissioners for their
consideration with regard to the 4¢ gas tax urging them to vote for
this. Council concurred that the Mayor or City Manager draft a letter
to the County Commission.
Mayor Campbell declared the meeting adjourned at 8:40 P.M.
ATTEST: ~ City ~lerk
~lA Y O R
The undersigned is the City Clerk of the City of Delray
Beach and that the information provided herein is the minutes of the
meeting of said City Council of July 3, 1984, which minutes were for-
mally approved and adopted by the City Council on~ ~ .~.,~F~.
ity Clerk
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
Council. They will become the official minutes only after they have
been reviewed and approved which may involve some amendments, additions,
or deletions to the minutes as set forth above.
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