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HomeMy WebLinkAboutAgenda Council Agenda 030614CITY OF PALM BEACH GARDENS COUNCIL AGENDA March 6, 2014 7:00 P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AWARD. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. APPROVE MINUTES FROM FEBRUARY 6, 2014 CITY COUNCIL MEETING. b. PURCHASE AWARD: RFP2014-013FN, INVESTMENT ADVISORY AND MANAGEMENT SERVICES. C. PURCHASE AWARD: ITB2014-029FR, FURNISH AND INSTALL EPDXY FLOORING AT FIRE RESCUE STATIONS. d. RESOLUTION 16, 2014 - PLAT APPROVAL FOR PALM BEACH ORTHOPEDIC INSTITUTE (PBOI). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PALM BEACH ORTHOPAEDIC INSTITUTE (PBOI) PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. RESOLUTION 17, 2014 - PLAT APPROVAL FOR PGA PLAZA. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PGA PLAZA PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 18, 2014 — BIG HEART BRIGADE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDENDUM II TO THE AGREEMENT WITH THE BIG HEART BRIGADE, INC. FOR USE OF FACILITIES AND IN -KIND SUPPORT SERVICES IN ORDER TO ASSIST IN THE PRODUCTION OF THE THANKSGIVING FEAST EVENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 9. RESOLUTION 19, 2014 - OPPOSITION TO STATE ROAD 710 AND NORTH LAKE BLVD URBAN INTERCHANGE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA OPPOSING THE PROPOSED STATE ROAD 710 (BEELINE HIGHWAY) URBAN INTERCHANGE AT THE INTERSECTION OF NORTHLAKE BOULEVARD AND STATE ROAD 710; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. h. RESOLUTION 20, 2014 — PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE EXECUTION OF THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. PROCLAMATION — NATIONAL PROCUREMENT MONTH. IX. PUBLIC HEARINGS: (* Designates Quasi -Judicial Hearing) a. ORDINANCE 2, 2014 — (2nd READING AND ADOPTION) SMALL SCALE COMPREHENSIVE PLAN AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPSS-13-11-000005, WHICH PROVIDES FOR AN AMENDMENT TO THE CITY'S FUTURE LAND USE MAP BY DESIGNATING ONE (1) PARCEL OF REAL PROPERTY COMPRISING APPROXIMATELY ONE AND 68/100 (1.68) ACRES IN SIZE, MORE OR LESS, AS "(C) COMMERCIAL"; SUCH PARCEL BEING LOCATED GENERALLY AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND 1-95; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO DEO; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. *ORDINANCE 3, 2014 — (2nd READING AND ADOPTION) REZONING PROPERTY TO GENERAL COMMERCIAL (CG-1). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.36 ACRES IN SIZE, MORE OR LESS, LOCATED AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND 1-95; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. *ORDINANCE 5, 2014 — (2nd READING AND ADOPTION) NORTHLAKE SUNOCO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.22 ACRES IN SIZE, MORE OR LESS, LOCATED AT THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND 1-95, TO BE KNOWN AS THE UNLIMITED AUTO WASH PUD; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG- 1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 11, 2014 IS A COMPANION ITEM TO ORDINANCE 5, 2014 AND WILL REQUIRE COUNCIL ACTION. *RESOLUTION 11, 2014 - NORTHLAKE SUNOCO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN FOR THE UNLIMITED AUTO WASH PLANNED UNIT DEVELOPMENT (PUD); LOCATED AT THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND 1-95, AS MORE PARICULARLY DESCRIBED HEREIN, TO ALLOW AN ADDITIONAL CAR WASH LANE AND TO ADD A CANOPY TO THE EXISTING CAR WASH; PROVIDING A WAIVER; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. RESOLUTION 14, 2014 - COLLECTIVE BARGAINING AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AND RATIFYING AN AGREEMENT WITH THE POLICE BENEVOLENT ASSOCIATION FOR POLICE OFFICERS, SERGEANTS, AND COMMUNICATIONS OPERATORS EMPLOYED BY THE CITY'S POLICE DEPARTMENT FOR FISCAL YEARS 2013-2016; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. 40TH TERRACE AND SUNSET DRIVE INFRASTRUCTURE IMPROVEMENTS SURVEY — UPDATE AND DISCUSSION. XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 6, 2014 The regular meeting was called to order at 7:02 p.m. by Mayor Premuroso. L PLEDGE OF ALLEGIANCE II. ROLL CALL PRESENT: Mayor Premuroso, Vice Mayor Jablin, Council Member Russo, Council Member Tinsley, Council Member Levy. ABSENT: None. III. ADDITIONS, DELETIONS, MODIFICATIONS None. IV. ANNOUNCEMENTS AND PRESENTATIONS a. DWYER HIGH SCHOOL STATE CHAMPIONS IN 7 A -DIVISION FOOTBALL. b. BETH KIGEL, PRESIDENT AND CEO OF THE NORTHERN PALM BEACH CHAMBER OF COMMERCE PRESENTING THEIR BRANDING INITIATIVE. C. VETERANS CHECK PRESENTATION. d. HOLIDAY JOY DRIVE. e. ANNUAL CRIME REPORT. f. HONDA CLASSIC MARKETING INITIATIVE. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS Council Member David Lew: Attended Florida League of Cities Meeting Council Member Marcie Tinsley:.Attended EMS/Fire and Police Training Simulation Open House; Attended the State of the County Address hosted by the Northern Palm Beaches Chamber of Commerce; Attended the 251h Anniversary of the Gardens Mall; Attended the Park and Recreation Advisory Board meeting; Attend the North County Neighborhood Coalition meeting; Thanked the Police Department staff for lowering the crime rate in Palm Beach Gardens; Attended the Treasure Coast Regional Planning Council meeting; Attended the Scripps 1 Oth Anniversary event Council Member Joseph Russo: Attended the Scripps 1 oth Anniversary Event; Encouraged residents to watch local golfer, Brooks Koepka, who received a sponsor's exemption play in the Honda Classic. Encouraged fellow Council Members to attend a luncheon at the Kravis Center regarding the bowl game at FAU; Attended the North County Economic meeting. Vice Mayor Eric Jablin: None Mayor Robert Premuroso: Delivered the State of the City address to the North Palm Beaches Notary Club, Steeplechase, Frenchman's Creek, JCC, and PGA National; attended the Benjamin School groundbreaking for the new Benjamin Hall facility; Encourage residents to attend the softball and baseball tournaments on Burns Road; The Palm Beach Gardens Historical Society will meet on February 12th and James Watt, former State Representative and County Commissioner will be giving a presentation on Political History, and their monthly meetings have moved to the second Wednesday of every month; Attended the Intergovernmental meeting with the North County municipalities; discussion on sober home regulations. Acknowledged Boy Scout Troop 132 attending to fulfill the Citizenship in the Community Merit Badge requirement VI. CITY MANAGER REPORT None. VII. COMMENTS FROM THE PUBLIC CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 02-06-2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Ruth Peeples, 184 Bent Tree Drive Palm Beach Gardens; Steve Barnes, 1011 Shady Lakes Circle, Palm Beach Gardens; Donaldson Hearing, 1934 Commerce Lane Jupiter VIII. CONSENT AGENDA a. APPROVE MINUTES FROM JANUARY 9, 2014 CITY COUNCIL MEETING. b. RESOLUTION 10, 2014 - GARDENIA ISLES PLANNED UNIT DEVELOPMENT (PUD) PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE GARDENIA ISLES PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. NORTHERN PALM BEACH COUNTY CHAMBER OF COMMERCE BRANDING INITIATIVE FUNDING REQUEST. Council Member Jablin made a motion for approval of the Consent Agenda. Council Member Russo seconded. Motion passed 5-0. IX. PUBLIC HEARINGS: (*Designates Quasi -Judicial Hearing) Those preparing to give testimony were sworn in. The City Clerk read Ordinance 1, 2014 by title. a. *ORDINANCE 1, 2014 — (2nd READING AND ADOPTION) BUDGET AMENDMENT FOR FISCAL YEAR 2014. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Premuroso opened the Public Hearing. Mayor Premuroso asked for any ex parte. None Petitioner: None Staff presentation: None Public comment: None Mayor Premuroso closed the Public Hearing. Council Member Jablin made a motion for approval of Ordinance 1, 2014, on 2nd reading and adoption. Council Member Tinsley seconded. Motion passed 5-0. The City Clerk read Ordinance 2, 2014 by title. b. *ORDINANCE 2, 2014 — (11T READING) SMALL SCALE COMPREHENSIVE PLAN AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPSS-13-11-000005, WHICH PROVIDES FOR AN AMENDMENT TO THE CITY'S FUTURE LAND USE MAP BY DESIGNATING ONE (1) PARCEL OF REAL PROPERTY COMPRISING APPROXIMATELY ONE AND 68/100 (1.68) ACRES IN SIZE, MORE OR LESS, AS "(C) COMMERCIAL'; SUCH PARCEL BEING LOCATED GENERALLY AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND I-95; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 02-06-2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 TRANSMITTAL TO DEO; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Premuroso opened the Public Hearing. Mayor Premuroso asked for any ex parte. None Petitioner: None Staff presentation: Planner, Tamashbeen Rahman Public comment: None Mayor Premuroso closed the Public Hearing. Council Member Jablin made a motion for approval of Ordinance 2, 2014, on Ist reading. Council Member Lew seconded. Motion passed 5-0. The City Clerk read Ordinance 3, 2014 by title. c. *ORDINANCE 3, 2014 — (1ST READING) REZONING PROPERTY TO GENERAL COMMERCIAL (CG-1). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.36 ACRES IN SIZE, MORE OR LESS, LOCATED AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND I-95; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Premuroso opened the Public Hearing. Mayor Premuroso asked for any ex parte. None Petitioner: None Staff presentation: Planner, Tamashbeen Rahman Public comment: None Mayor Premuroso closed the Public Hearing. Council Member Jablin made a motion for approval of Ordinance 3, 2014, on 1st reading. Council Member Lew seconded. Motion passed 5-0. The City Clerk read Ordinance 4, 2014 by title. d. *ORDINANCE 4, 2014 — (2nd READING AND ADOPTION) MODIFICATIONS TO THE MASTER PLAN FOR GABLES PLANNED COMMUNITY DEVELOPMENT (PCD). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN APPLICATION FROM DISCOVERY VILLAGE AT WEST PALM BEACH, LLC FOR AN AMENDMENT TO ORDINANCE 3, 2002 RELATING TO ZONING FOR THE GABLES PLANNED COMMUNITY DEVELOPMENT (PCD) TO TRANSFER THE MASTER PLAN AND RELATED CONDITIONS TO RESOLUTION 6, 2014; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Premuroso opened the Public Hearing. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 02-06-2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Mayor Premuroso asked for any ex parte. None Petitioner: None Staff presentation: None Public comment: None Mayor Premuroso closed the Public Hearing. Council Member Jablin made a motion for approval of Ordinance 4, 2014 in 2nd reading and adoption. Council Member Tinsley seconded. Motion passed 5-0. Resolution 6, 2014 is a companion item to Ordinance 4, 2014 and will require council action. The City Clerk read Resolution 6, 2014 by title. *RESOLUTION 6, 2014, - AMEND ORDINANCE 3, 2002 RELATED TO THE ZONING FOR THE GABLES PLANNED COMMUNITY DEVELOPMENT (PCD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE PLANNED COMMUNITY DEVELOPMENT (PCD) MASTER PLAN FOR THE GABLES PCD LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND THE FLORIDA TURNPIKE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING MINOR ADJUSTMENTS TO THE PRESERVE BOUNDARY, THE REDUCTION OF THE INTENSITY OF PARCEL B, AND INCORPORATING APPLICABLE CONDITIONS OF APPROVAL FROM ORDINANCE 3, 2002; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Premuroso opened the Public Hearing. Mayor Premuroso asked for any ex parte. None Petitioner: None Staff Presentation: None Public Comment: None Mayor Premuroso closed the Public Hearing. Council Member Jablin made a motion for approval of Resolution 6, 2014. Council Member Tinsley seconded. Motion passed 5-0. Resolution 7, 2014 is a companion item to Ordinance 4, 2014 and will require council action. The City Clerk read Resolution 7, 2014 by title. *RESOLUTION 7, 2014 — AMEND THE GABLES PLANNED COMMUNITY DEVELOPMENT (PCD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN APPLICATION FOR A 120-UNIT/138-BED ASSISTED LIVING FACILITY WITHIN PARCEL B OF THE GABLES PLANNED COMMUNITY DEVELOPMENT (PCD) LOCATED ON THE WEST SIDE OF JOG ROAD, SOUTH OF NORTHLAKE BOULEVARD, AND NORTH OF THE BEELINE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING A WAIVER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Premuroso opened the Public Hearing. Mayor Premuroso asked for any ex parte. None Petitioner: None CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 02-06-2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Staff Presentation: None Public Comment: None Mayor Premuroso closed the Public Hearing. Council Member Jablin made a motion for approval of Resolution 7, 2014. Council Member Lew seconded. Motion passed 5-0. The City Clerk read Resolution 9, 2014 by title. e. *RESOLUTION 9, 2014 - AMEND THE APPROVED FLAT WALL SIGN. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE ADMIRALTY II PLANNED UNIT DEVELOPMENT (PUD) SIGN PROGRAM FOR OFFICE TOWER "A" TO INCLUDE A PRINCIPAL TENANT WALL SIGN WITH A COPY AREA THAT EXCEEDS 90 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Premuroso opened the Public Hearing. Mayor Premuroso asked for any ex parte. None Petitioner: Donaldson Hearing, Cotleur and Hearing Staff Presentation: None Public Comment: None Mayor Premuroso closed the Public Hearing. Council Member Jablin made a motion for approval of Resolution 9, 2014. Council Member Lew seconded. Motion passed 5-0. The City Clerk read Ordinance 5, 2014 by title. f. *ORDINANCE 5, 2014 — (1s' READING) NORTHLAKE SUNOCO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.22 ACRES IN SIZE, MORE OR LESS, LOCATED AT THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND I-95, TO BE KNOWN AS THE UNLIMITED AUTO WASH PUD; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 11, 2014 IS A COMPANION ITEM TO ORDINANCE 5, 2014 AND WILL REQUIRE COUNCIL ACTION ON SECOND READING. *RESOLUTION 11, 2014 - NORTHLAKE SUNOCO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN FOR THE UNLIMITED AUTO WASH PLANNED UNIT DEVELOPMENT (PUD); LOCATED AT THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND I-95, AS MORE PARICULARLY DESCRIBED HEREIN, TO ALLOW AN CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 02-06-2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADDITIONAL CAR WASH LANE AND TO ADD A CANOPY TO THE EXISTING CAR WASH; PROVIDING A WAIVER; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Premuroso opened the Public Hearing. Mayor Premuroso asked for any ex parte. All Council Members received an email from the Petitioner stating that he was looking forward to seeing the members at the council meeting. Petitioner: David Carpenter, Landscape Architect and Eddie Dalton, Northlake Sunoco Staff presentation: Planner, Tamashbeen Rahman Public comment: None Mayor Premuroso closed the Public Hearing. Council Member Jablin made a motion for approval of Ordinance 5, 2014, on 1st reading. Council Member Russo seconded. Motion passed 5-0. X. RESOLUTIONS None XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 40' TERRACE AND SUNSET DRIVE INFRASTRUCTURE IMPROVEMENTS SURVEY — UPDATE AND DISCUSSION Staff presentation: City Engineer, Todd Engle XII. CITY ATTORNEY REPORT None (The remainder of this page intentionally left blank.) CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 02-06-2014 PAGE 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 XIII. ADJOURNMENT Council Member Lew made a motion to adjourn. Council Member Tinsley seconded. Motion passed 5-0. The meeting adjourned at 9:26 p.m. The next regularly scheduled City Council meeting will be held March 6, 2014. APPRnVF.D Robert G. Premuroso, Mayor Eric Jablin, Vice Mayor Joseph R. Russo, Council Member Marcie Tinsley, Council Member David Levy, Council Member ATTEST: Patricia Snider, CMC City Clerk Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 02-06-2014 PAGE 7 4961.!* PALM BEACH GARDENS 'A unique place to live, learn, work do play" CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStor, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the CityClerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Request for Proposals TITLE: Investment Advisory and Management Services DATE ADVERTISED: 11/24/2013 WAS SOLICITATION OPENLY COMPETED? Yes FUNDING ACCOUNT INFORMATION: Funds are budgeted in General Services account #001.0900.519.3150 CONTRACT TERM: Five (5) Years VENDOR(S): PFM Asset Management, LLC CONTRACT NO.: RFP2014-013FN DEPARTMENT: Finance BIDS/PROPOSALS DUE DATE: 12/20/2013 RESPONSES RECEIVED: Six (6) CONTRACT VALUE: Years 1-3: 6.5 basis points; Years 4 — 5: sliding scale. OPTIONS TO RENEW: Five (5) Years BACKGROUND: This Agreement will allow the City to contract with a highly -qualified firm to provide investment advisory and management services. The firm will be responsible for investing the City's funds and providing investment management advice, in accordance with the City's established investment policies. In addition to the investment advisory services, the recommended firm will also provide assistance with the future development of a Request for Proposals for banking services, at no additional cost to the City. The fee and rates negotiated with the company are very competitive with the current rates being paid for these services. COMMENTS: The vendor recommended for award, PFM Asset Management, LLC, was evaluated and ranked the highest score and ranking by the Selection Committee. PFM Asset Management is the City's current provider of investment advisory services, and the Finance Department has had no contract performance issues with the firm. The company has been providing financial investment services for more than 35 years, and is a highly -regarded member of this business sector. NAME SIGNATLIRt DATE Department f1 j City Attorney R. Max Lohman! f/9 Finance Allan Owens +�`�) Purchasing Km! Ra Other N/A LASERFICHE DATA: Effective Date: 2/6/2014 Expiration Date: 3/S/2019 Append to Existing: Not applicable PROPOSED CITY COUNCIL AGI 3/6/2014 'APPROVED ❑ NOT APPROVED O DEFERRED d.A�rl�� CITY MAN ER O DESIGNEE DATE Al I !.b P PALM BEACH GARDENS 'A uni"e place to Um. kwsn, work & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR INVESTMENT ADVISORY AND MANAGEMENT SERVICES AGREEMENT NO. RFP2014-013FN THIS AGREEMENT is made and entered this day of , 2014 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "Client"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and PFM Asset Management LLC, a Delaware limited liability company (hereinafter referred to as "Advisor"), with an office at 300 South Orange Avenue, Suite 1170, Orlando, Florida 32801. WHEREAS, the Client has funds available for investment purposes (the "Funds") for which it intends to conduct an investment program; and WHEREAS, the Client desires to avail itself of the experience, sources of information, advice, assistance, and facilities available to the Advisor, to have the Advisor undertake certain duties and responsibilities, and to perform certain services as investment advisor on behalf of the Client, as provided herein; and WHEREAS, the Advisor is willing to perform these services in accordance with the Client's Request for Proposals No. RFP2014-013FN, Investment Advisory and Management Services, and the Advisor's response thereto, which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Advisor and the Client agree as follows: ARTICLE 1. SERVICES OF ADVISOR The Client hereby engages the Advisor to serve as investment advisor under the terms of this Agreement with respect to the Funds and such other funds as the Client may from time to time assign by written notice to the Advisor (collectively, the "Managed Funds"), and the Advisor accepts such engagement. In connection therewith, the Advisor shall provide investment research and supervision of the Client's Managed Funds investments and conduct Managed Funds investments and conduct a continuous program of investment, evaluation, and when appropriate, sale and reinvestment of the Managed Funds assets. The Advisor shall continuously monitor investment opportunities and evaluate investments of the Managed Funds. The Advisor shall furnish the Client with statistical information and reports with respect to investments of the Managed Funds. The Advisor shall place all orders for the Page 11 of 8 City of Palm Beach Gardens Agreement No. RFP2014-013FN Investment Advisory and Management Services purchase, sale, loan, or exchange of portfolio securities for the Client's account with brokers or dealers recommended by the Advisor and/or the Client, and to that end, the Advisor is authorized as agent of the Client to give instructions to the custodian (the "Custodian") designated by the Client as to deliveries of securities and payments of cash for the account of the Client. In connection with the selection of such brokers and dealers and the placing of such orders, the Advisor is directed to seek for the Client the most favorable execution and price, the determination of which shall take into account, subject to any applicable laws, rules, regulations, codes, ordinances, guidelines, and directives, whether federal, state, or local, statistical, research and other information to carry out the obligations herein have been or will be furnished to the Advisor by such brokers and dealers. The Custodian shall have custody of cash, assets, and securities of the Client. The Advisor shall not take possession of or act as custodian for the cash, securities, or other assets in the Managed Funds and shall have no responsibility in connection therewith. However, nothing herein shall relieve the Advisor of any breach of its obligations herein. Authorized investments shall include only those investments which are currently authorized by the state investment statutes and the bond covenants and as supplemented by such other written instructions as may from time to time be provided by the Client to the Advisor. Regardless of the foregoing, the Advisor shall comply with all federal, state, and local laws, rules, regulations, codes, ordinances, guidelines, and directives related to the duties and obligations of the Advisor pursuant to this Agreement. The Advisor shall be entitled to rely upon the Client's written advice with respect to anticipated drawdowns of Managed Funds. The Advisor will observe the instructions of the Client with respect to broker/dealers who are approved to execute transactions involving the Managed Funds, and in the absence of such instructions will engage broker/dealers which the Advisor reasonably believes to be reputable, qualified, and financially sound. The Advisor shall use prudent business judgment. ARTICLE 2. COMPENSATION a. For services provided by the Advisor pursuant to this Agreement, the Client shall pay the Advisor an annual fee, in monthly installments, based on the daily net assets under management, at an annual rate based on the rates shown in the Fee Schedule below. b. The Advisor shall bill the Client monthly for services performed under this Agreement, said bill to include a statement indicating the basis upon which the fee was calculated. The Client shall pay to the Advisor the amount payable pursuant to this Agreement not later than on the 15th day of the month following the month during which the Advisor's statement was rendered; subject, however, to the Florida Prompt Payment Act, as amended from time to time. Page 12 of 8 City of Palm Beach Gardens Agreement No. RFP2014-013FN Investment Advisory and Management Services Fee Schedule CONTRACT YEARS: 1 — 3 Portfolio Under Management Assets Under Management Basis % of Account Amortized CostPlus z Accrued Interest Estimated $40 million All Assets 0.065% (6.5 basis points) CONTRACT YEARS: 4 — 5 $0 - $25 million 0.10% (10.0 basis points) $25 million - $50 million All Assets 0.08% (8.0 basis points) Over $50 million 0.07% (7.0 basis points) Minimum Annual Fee $15,000 C. Assets invested by the Advisor under the terms of this Agreement may from time to time be invested in a money market mutual fund or local government investment pool managed by the Advisor (either, a "Pool'), or in individual securities. Average daily net assets subject to the fees described in this section shall not take into account any funds invested in the Pool. Expenses of the Pool, including compensation for the Advisor and the Pool custodian, are described in the relevant prospectus or information statement and are paid from the Pool. d. If and to the extent that the Client shall request the Advisor to render services other than those to be rendered by the Advisor hereunder, such additional services shall be compensated separately on terms to be mutually agreed upon in writing between the Advisor and the Client. ARTICLE 4. EXPENSES a. The Advisor shall furnish a t Page 13 of 8 City of Palm Beach Gardens Agreement No. RFP2014-013FN Investment Advisory and Management Services b. Except as expressly provided otherwise herein, the Client shall pay all of its own expenses, including, without limitation, taxes, commissions, fees, and expenses of the Client's independent auditors and legal counsel, if any, brokerage, and other expenses connected with the execution of portfolio security transactions, insurance premiums, fees, and expenses of the Custodian. ARTICLE 5. REGISTERED ADVISOR; DUTY OF CARE The Advisor hereby represents it is a registered investment advisor under the Investment Advisers Act of 1940, as amended from time to time, and other applicable laws, if any, applicable to its performance under this Agreement. The Advisor shall immediately notify the Client, in writing by overnight service such as Federal Express, if at any time during the term of this Agreement it is not so registered or if its registration is suspended. The Advisor agrees to perform its duties and responsibilities under this Agreement with reasonable care. The federal securities laws impose liabilities under certain circumstances on persons who act in good faith. Nothing herein shall in any way constitute a waiver or limitation of any rights which the Client may have under any federal securities laws. The Client hereby authorizes the Advisor to sign I.R.S. Form W-9 on behalf of the Client and to deliver such form to broker/dealers or others from time to time as required in connection with securities transactions pursuant to this Agreement. ARTICLE 6. ADVISOR'S OTHER CLIENTS The Client understands that the Advisor performs investment advisory services for various other clients which may include investment companies, commingled trust funds, and/or individual portfolios. The Client agrees that the Advisor, in the exercise of its professional judgment, may give advice or take action with respect to any of its other clients which may differ from advice given or the timing or nature of action taken with respect to the Managed Funds accounts. The Advisor shall not have any obligation to purchase, sell, or exchange any security for the Managed Funds solely by reason of the fact that the Advisor, its principals, affiliates, or employees may purchase, sell, or exchange such security for the account of any other client or for itself or its own accounts. Regardless of the foregoing, the Advisor shall not take any actions that would create a conflict of interest in acting on behalf of the Client herein. ARTICLE 7. TERMINATION This Agreement may be terminated by the Client in the event of any material breach of its terms immediately upon notice by certified mail, return receipt requested. This Agreement may be terminated by the Client at any time, on not less than thirty (30) days' written notice to the Advisor. The Advisor may terminate this Agreement immediately upon any material breach of its terms by the Client, or at any time after one (1) year, upon thirty (30) days' written notice to the Client. This Agreement is subject to fiscal funding out by the Client. The Client shall promptly notify the Advisor if there is a likelihood that such fiscal funding shall no longer be available for payment of services rendered by the Advisor hereunder. Page 14 of 8 City of Palm Beach Gardens Agreement No. RFP2014-013FN Investment Advisory and Management Services ARTICLE 8. FORCE MAJEURE The Advisor shall have no liability for any losses arising out of the delays in performing, or inability to perform the services which it renders under this Agreement which result from events beyond its control, including interruption of the business activities of the Advisor or other financial institutions due to acts of nature, acts of governmental authority, acts of war, terrorism, civil insurrection, riots, labor difficulties, or any action or inaction of any carrier or utility, or mechanical or other malfunction. ARTICLE 9. DISCIPLINARY ACTIONS The Advisor shall promptly give notice to the Client if the Advisor shall have been found to have violated any state or federal securities law or regulation in any final and unappealable judgment in any criminal action or civil suit in any state or federal court or in any disciplinary proceeding before the Securities and Exchange Commission or any other agency or department of the United States, any registered securities exchange, FINRA, or any regulatory authority of any state based upon the performance of services as an investment advisor. ARTICLE 10. INDEPENDENT CONTRACTOR The Advisor, its employees, officers, and representatives shall not be deemed to be employees, agents (except as to the purchase or sale of securities described in Article 1), partners, servants, and/or joint ventures of the Client by virtue of this Agreement or any actions or services rendered under this Agreement. ARTICLE 11. BOOKS The Advisor shall maintain appropriate records of all transactions in the Managed Funds. The Advisor shall provide the Client with a monthly statement showing deposits, withdrawals, purchases, and sales (or maturities) of investments, earnings received, and the value of assets held on the last business day of the month. The statement shall be in the format and manner that is mutually agreed upon by the Advisor and the Client. The Advisor shall maintain all books and records as prescribed by law and shall maintain the same for a period of three (3) years or as provided by law, whichever is greater. ARTICLE 12. THE ADVISOR'S BROCHURE AND BROCHURE SUPPLEMENT The Advisor warrants that it has delivered to the Client, prior to the execution of this Agreement, the Advisor's current Securities and Exchange Commission Form ADV, Part 2A (brochure) and Part 2B (brochure supplement). The Client acknowledges receipt of such brochure and brochure supplement prior to the execution of this Agreement. Page 15 of 8 City of Palm Beach Gardens Agreement No. RFP2014-013FN Investment Advisory and Management Services ARTICLE 13. MODIFICATION This Agreement shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto or their respective successors or assigns. ARTICLE 14. SUCCESSORS AND ASSIGNS The provisions of this Agreement shall be binding on the Advisor and its respective successors and assigns; provided, however, that the rights and obligations of the Advisor may not be assigned without the prior written consent of the Client, which consent may not be unreasonably withheld. ARTICLE 15. NOTICE Written notices required under this Agreement shall be sent by regular mail, certified mail, overnight delivery, or courier, and shall be deemed given when received at the parties' respective addresses shown below. Either party must notify the other party in writing of a change in address. As to the Client: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre _pbgfl.com City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, Florida 33410 Attn: Finance Administrator Email: aowens bgfl.com As to the Advisor: PFM Asset Management LLC 300 South Orange Avenue Suite 1170 Orlando, Florida 32801 Attn: Steven Alexander Email: alexanders(aD-pfm.com Page 16 of 8 City of Palm Beach Gardens Agreement No. RFP2014-013FN Investment Advisory and Management Services With a copy to: PFM Asset Management LLC Two Logan Square Suite 1600 18th & Arch Streets Philadelphia, Pennsylvania 19103-2770 Attn: Controller ARTICLE 16. TERM The term of this Agreement shall be for five (5) years from the effective date until March 31, 2019, unless terminated earlier as provided for in Article 7. The Client reserves the right, at its sole discretion, to renew this Agreement for an additional five (5) years if it determines such renewal to be in its best interests. ARTICLE 17. INDEMNIFICATION The Advisor recognizes that it is an independent Advisor and not an agent or servant of the Client. The Advisor shall indemnify, defend, and hold harmless the Client and its officers, employees, agents, and instrumentalities from any and all liabilities, losses, or damages, including attorney's fees and cost of defense, which the Client or its officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the wrongful performance of this Agreement, whether negligent or intentional, by the Advisor or its employees, agents, servants, partners, principals, or sub -Advisors. The Advisor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the Client, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Advisor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Advisor shall in no way limit the responsibility to indemnify, defend, and hold harmless the Client or its officers, employees, agents, and instrumentalities as herein provided. This Article shall survive the term of this Agreement. ARTICLE 18. APPLICABLE LAW This Agreement shall be construed, enforced, and administered according to the laws of the State of Florida. The Advisor and the Client agree that, should a disagreement arise as to the terms or enforcement of any provision of this Agreement, each party will in good faith attempt to resolve said disagreement prior to filing a lawsuit. ARTICLE 19. EXECUTION AND SEVERABILITY Each party to this Agreement represents and warrants that the person or persons signing this Agreement on behalf of such party is authorized and empowered to sign and deliver this Agreement for such party. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. Page 17 of 8 City of Palm Beach Gardens Agreement No. RFP2014-013FN Investment Advisory and Management Services IN WITNESS WHEREOF, the parties have executed this Agreement on the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA Robert G. Premuroso, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM LEGAL SUFFICIENCY: / PFM ASSET MANAGEMENT LLC Alexander, Managing Director By- 041. Print A2&g ' Jt iUamp-i 1 G:\attorney_share�AGREEMENTS\PFM Assett Management - RFP2014-013FN Agreement (PFM Revisions).docx Page 18 of 8 441-POP PALM BEACH GARDENS 'A unique place to live learn, nark & play" CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised In a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors UsO, and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project Information on the procurement action identified below. SOLICITATION TYPE: Invitation to Bid TITLE: Furnish and Install Epoxy Flooring at Fire Rescue Stations DATE ADVERTISED: 12/29/2013 WAS SOLICITATION OPENLY COMPETED? Yes FUNDING ACCOUNT INFORMATION: 001.1230.522.4600 CONTRACT TERM: Upon Completion VENDOR(S): Diama-Shield, LLC CONTRACT NO.: ITB2014-029FR DEPARTMENT: Fire Rescue BIDS/PROPOSALS DUE DATE:1/17/2014 RESPONSES RECEIVED: Four (4) CONTRACT VALUE: Eighty -Five Thousand Four Hundred Twelve Dollars ($85,412) OPTIONS TO RENEW: Not Applicable BACKGROUND: This Agreement will allow the City to contract with a qualified firm to furnish and install seamless epoxy flooring at four (4) Fire Rescue Stations: Stations 1, 3, 4, and S. The current flooring comprises glazed tiles and painted concrete that were installed several years ago. The flooring is badly worn, damaged, and peeling in many areas, with trapped dirt and mold, creating a health and safety concern. Continuing to maintain the existing floors is cost -prohibitive. The replacement seamless epoxy flooring has no areas to trap dirt or mold. The epoxy is hard-wearing and has an estimated lifespan of 10 -- 25 years. COMMENTS: Diama-Shield, LLC is a Michigan -based company that has been operating in the flooring business for nearly 15 years. The company has successfully completed nearly 800 flooring projects in Florida, with an estimated value of more than $14 million. The vendor offered the lowest price for each fire station location, and an additional 5% discount if awarded all locations for the project. There were no responsiveness issues with the vendor's bid, and a responsibility review did not uncover any performance or other concerns. DATE Department Head Michael Southard, Fire Chief Z Zt City Attorney R. Max Lohman ) 2`'>}'11 finance oZ Purchasing Kml Ra r' xq -�o LASERFICHE DATA: J. E. Doughney, III — r LIJOther Effective Date: 3/6/2014 Expiration Date: Upon Completion Append to Existing: Not Applicable ' . • ' • ' 3/6/2014 dAPPROVED ❑ NOT APPROVED CITY MANAGER R DES NEE O DEFERRED ALW PALM BEACH GARDENS 'A wdque place to U;% /earn, work p&v" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT TO FURNISH AND INSTALL EPDXY FLOORING AGREEMENT NO. ITB2014-029FR THIS AGREEMENT is made and entered this day of , 2014 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Diama-Shield, LLC, a Michigan corporation (hereinafter referred to as "Contractor"), whose principal address is 1200 Piedmont Drive, Troy, Michigan 48083. WHEREAS, the City desires to retain the services of the Contractor to furnish and install epoxy flooring at Fire Rescue stations, in accordance with the City's Invitation to Bid No. ITB2014-029FR, and the Contractor's response thereto, which are attached hereto and incorporated herein as Exhibit "A". NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. ITB2014-029FR and the Contractor's response thereto, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall furnish and install epoxy flooring at the following Fire Rescue stations: a) Fire Rescue Station No. 1; b) Fire Rescue Station No. 3; c) Fire Rescue Station No. 4; and d) Fire Rescue Station No.5, as identified in the specifications accompanying the City's Invitation to Bid and all addenda thereto, which are attached hereto as Exhibit "A". ARTICLE 3. COMPENSATION The City shall pay the Contractor upon the completion and acceptance of the Work at each Fire Rescue station, based on the prices shown in the Pricing Schedule attached hereto and incorporated herein as Exhibit "B", and according to the terms and specifications of the referenced Invitation to Bid. Page 11 of 3 City of Palm Beach Gardens ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabreCaD-pbgfl.com As to the Contractor: Diama-Shield, LLC 1200 Piedmont Drive Troy, Michigan 48083 Attn: Travis Sibley Email: tsibley(cD-diamashield.com b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. ARTICLE 5. TERM The term of this Agreement shall be from the effective date until the Work has been completed by the Contractor and inspected and accepted by the City, unless terminated earlier as provided for in Article 6. ARTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. Page 12 of 3 City of Palm Beach Gardens ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations IN WITNESS WHEREOF, the parties have executed this Agreement on the date hereinabove first written. F-A a10611Is Patricia Snider, CMC, City Clerk APPROVED AS TO FOR LEGAL SUFFICIENCY: , as R. M* t hmah-, City Attorney W SSES: By:�- Print e: i�AriS S/ A ame: CITY OF PALM BEACH GARDENS, FLORIDA In Robert G. Premuroso, Mayor DIAMA-SHIELD, By: l� Christopher Sibley, President G:\attorney_share\HGREEMENTS\Diama-Shield LLC - Epoxy Flooring - ITB2014-029FR Agreement.docx Page 13 of 3 City of Palm Beach Gardens ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations EXHIBIT "A" From (616) 916.3306 OrKrn 67: GRRA Jon Tel6er- • Evffts DWTWSF" 560 F'dttr Streat NW Grand Ruda, MI49504 J13201:�2803� SHIP TO: (561) 799.4121 BILL SENDER City Clerk 10600 North Military Trail PALM BEACH GARDENS, FL 33410 - ���..�._.�r+ter-�•��-ter--- — - --� https://www.fedex.com/shipping/htnYen/PriatEFrunelmW Ship Date15JAN14 ActVVgt 5.0 LB 01-16-14A09:38 RCyp CA11 102961452ANET3430 Delivery Address Bar Code 11111111111111111� �II�III�II�I�II lIIIIII IIII�III�IIII Ref# ITB20%.029FR Invoice # Diama-Shield PO # Billable Dept # TWO 7976 33201024 SIMUMCHME TH U -16 JAN 10:30A PRIORITY OVERNIGHT w FL t�. PBI �� A110 bottom of ftel wW Sth*Alrbili or P 33410 FL -US AD!* PALM BEACH GARDENS A unique place to tine, learn, wor* & play " The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT INVITATION TO BID ITB NO.: ITB2014-029FR TITLE: FURNISH AND INSTALL EPDXY FLOORING AT FIRE RESCUE STATIONS DUE DATE: FRIDAY, JANUARY 17, 2014 TIME: 3:00PM INSTRUCTIONS Seated bids must be received on or before the due date and time (local time) at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All bids will be publicly opened at City Hall. Each bid submitted to the City Clerk shall have the following information clearly marked on the face of the envelope: the bidder's name, return address, ITB number, due date for bids, and the title of the bid. Included in the envelope shall be one (1) original and two (2) copies of the bid, and one (1) electronic version on CD. The original should be marked "ORIGINAL". Each copy must be identical to the original and the file format on the CD should be to Portable Document Format (pdf). BROADCAST The City of Palm Beach Gardens utilizes electronic online services for notification and distribution of its solicitation documents. The City's solicitation information can be obtained from: a) Public Purchase - Please contact Public Purchase at support@publicpurchase.com: www.publicourchase.com: or call 801-932-7000 for additional information on registration; b) DemandStar - Please contact DemandStar at www.demandstar.com or by calling them at 1-800-711-1712; c) The City's Vendor List - The City emails all advertised solicitations to vendors which have joined the City's Vendor List. To join the City's Vendor List, please visit the City's Purchasing webpage at http://www.pbgfl.com/content/72/12485/default.aspx and click on the `Join Vendor List" link. Bidders who obtain solicitations from sources other than those named above are cautioned that the Invitation to Bid package may be incomplete. The City will not evaluate incomplete bid packages. DemandStar and Public Purchase are independent entities and are not agents or representatives of the City. Communications to these entities do not constitute communications to the City. The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the event of any discrepancy between information on these websites and the hard copy solicitation documents, the terms and conditions of the hardcopy documents will prevail. CONTACT PERSON Any questions regarding the specifications and solicitation process must be submitted in writing to the Purchasing Department for the Purchasing and Contracts Director at kmra@pbizfi.com. To allow enough time for the City to respond, requests for clarification and additional information should be received at least forty-eight (48) hours before the Due Date for bids. Diama-Shietd, LLC Name of Bidder Page 11 City of Palm Beach Gardens ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations CAA�61itE1D Executive Summary Diama-Shield is pleased to submit a response to furnish and install a Dur-A-Flex seamless epoxy flooring system at four of the City's fire rescue stations. We have completed the bid forms as requested, and we developed a customized pricing solution for this project that is designed to accommodate your product specification, respect your budget and make efficient use of your time for oversight. Diama-Shield is a flooring contractor. We are not a general contractor that also does flooring — we focus "ely on flooring. Our core competency is grinding, polishing, repairing and resurfacing poured floors; these include concrete, epoxy based terrazzo or cementious terrazzo. The equipment, system and progression of diamonds used for these various floors are essentially the same, with customization for client specific needs and products. We offer expertise and a consultative approach for our clients, which represent public and private sector organizations throughout the country. We employ more than 40 trained, full-time crews that grind, polish and resurface floors across the United States. Diama-Shield is an approved installer of the Dur-A-Flex flooring system, and we provide proof of this through a letter from Dur-A-Flex in Tab 2. Diama-Shield is a recognized leader in commercial and industrial flooring, with a national reputation as the go -to contractor for automotive, big box retail, construction and government. Our sweet spots are concrete polishing, resurfacing, epoxy floors and terrazzo polishing. Diama-Shield has the ability to tackle any job, at any place, at any time. We respect the evaluation process and provide a concise response. Diama-Shield Differentiators ■ Our 15 year company history in the flooring industry means public and private sector clients can have confidence in the quality of work. ■ Mix of public and private sector, commercial and industrial, large and small clients means we bring best practices across all industries to each client. ■ We have successfully completed more than 788 flooring projects valued at more than $14.1 million in Florida. ■ Clients trust our sustainability. We are financially viable; our clients represent diverse industries and we have multiple anchor clients that spend more than $1 million with us each year. ■ We have the bonding tine required for public sector projects. ■ We have the in-house capacity and skill set to finish on time and on budget. We do not set expectations that we cannot fulfill. Page 1 of 5 City of Palm Beach Gardens ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Summary of Work The City of Palm Beach Gardens requires a reliable contractor to furnish and install a Dur-A-Flex seamless epoxy flooring system at four of the city's fire rescue stations. This project requires a contractor that can perform services within the allotted time for installation, respecting the hours available for work. Diama-Shield is experienced in conducting work under specific deadlines, and we have strong references to back our claim. We will perform each step outlined in the solicitation, using the products specified, and will furnish all necessary material, labor and equipment required to perform the work. Importantly we are experienced in the specified flooring system. We have attached product and installation spec sheets with our submission as Tab 3. Quality Assurance Installation will be performed by extremely well trained flooring professionals, with years of satisfactory experience. Diama-Shield has been in continuous operation since 1998, and we employ more than 40 crews nationally to provide services that are similar in scope to those described in the solicitation. Using employees instead of subcontractors allows us control over the quality process and confidence that each person on a client site is trained and customer service minded. Diama-Shield installation of the Dur-A-Flex system complies with quality standard "d" of Section 3.5 of the solicitation. We are approved (in writing, see Tab 2) by the flooring system manufacturer. We will comply with all quality requirements. The Diama-Shield team recognizes that public sector buyers work in a unique environment and must be confident that they are spending public dollars responsibly. We strive to help public buyers earn public trust by upholding our commitments and ensuring complete satisfaction. Diama-Shield earns repeat business from our customers by providing both quality products and quality service. Our quality assurance policy is mandated and supported by management. Diama-Shield complies with industry standards, and we customize our quality program for each individual customer to ensure we meet their specific quality needs. We will be responsible for all work application and work quality. We will be responsible for exact field measurements for the accurate fabrication and application of all contracted work. Diama-Shield will ensure that all work will be free from defects and damage. We will communicate to ensure complete satisfaction of all completed work, and we will work to earn your positive recommendation for future projects. Diama-Shield's goal is zero quality issues. Internal assessment plans have been implemented to ensure quality, and quality is not limited to one department — a commitment to quality permeates every aspect of our company. In the event of quality issues arising, Diama-Shield adheres to a comprehensive plan for evaluating issues and reporting results to customers as quickly and efficiently as possible. In every case of performance issues, we are committed to keeping lines of communication open. Page 2 of 5 City of Palm Beach Gardens ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Scope of Work Diama-Shield has performed successfully on thousands of flooring projects across the country, measuring hundreds of thousands of square feet, and has successfully completed more than 788 flooring projects in Florida, valued at more than $14.1 million. Below, we offer a summary of the steps we will employ for your flooring project, use your required flooring system. While these steps are based on your specific project, they are similar to those we use on other successful, similar scopes. We will schedule and coordinate this scope of effort with the City of Palm Beach Gardens. Color choices will be approved by the City of Palm Beach Gardens in advance. We will comply with the solicitation requirement for Slate Grey and will ensure the sample is approved before beginning work. Coordinate delivery of materials to the project site in manufacturer's unopened containers with labels intact Store materials in coordination with facility managers, protecting them from contaminants and elements Prep Coordinate schedule with the City, ensuring no traffic during installation and curing Prepare existing surfaces following manufacturer's recommendations Clean surfaces to remove debris, dirt and foreign substances Verify moisture content is within the allowable limits Install Apply flooring material, following manufacturer's printed product data, at the rate of application recommended Cure flooring for period recommended by manufacturer Quality Check Ensure completed flooring is uniform in color, texture and aggregate distribution Ensure surface is uniform and free of bubbles, foreign material, defects or irregularities Neatly trim edges and where material abuts adjacent construction Ensure door edges occur under closed doors Warranty Diama-Shield warrants the finished products for one year, and workmanship for one year. If awarded a contract from this solicitation, we will provide care and maintenance instructions to facility personnel upon Project Conviction. Page3of5 City of Palm Beach Gardens ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Experience Diama-Shield has the experience and the team to perform all tasks successfully. Our team routinely accomplishes projects that are substantial in scope. Our public sector clients include local governments, transit authorities, federal and state agencies. We have a long and strong history in the flooring industry. Diama-Shield has more than forty years of combined experience maintaining concrete, epoxy and terrazzo flooring. Our crews are reliable and professional full time employees, and our work quality is unmatched. We are trusted nationwide by large and small organizations, and we earn their repeat business. The Home Depot Address: 2455 Paces Ferry Road Atlanta, GA 30309 Point of contact: Kathleen Eaton, Director of Building Services Email: kathleeneatonnhomedepot.com Telephone: (770) 384-4484 Scope: Diama-Shield is the sole floor polisher for The Home Depot's Refresh Program, which requires constant floor maintenance for both concrete floor and terrazzo. Each Home Depot store averages 100,000 square feet; 40% of the store is racking and merchandise, and we maintain everything else. We rejuvenate each Home Depot store every 12 to 18 months, averaging 1,500 to 1,700 stores each year. We began grinding and polishing floors for the Home Depot in 2003, sharing the business with 5 or 6 other companies. By 2007, Diama-Shield had become The Home Depot's sole floor polisher. Now, The Home Depot spends roughly $18,000,000 with Diama-Shield annually. Southeastern Pennsylvania Transit Authority (SEPTA) Address: 34 Market Street Philadelphia, PA 19107 Point of Contact: Steve Kish POC Title: Manager of Engineering, Maintenance & Construction Services POC Email: skishksepta.org POC Telephone: (215) 580-6332 Contract #: 10-040-TSB Type of contract: Fixed price Date of award: 2010 and 2012 Scope: Diama-Shield provided all labor, material and equipment to shotblast, grind, repair and prepare the 20,620 square -foot surface for a new, slip -resistant epoxy coating at City Hall Station. Our crew repaired all existing cracks and defects before installing the new surface for a durable and level platform. Our crews were brought back to complete another, similar flooring project at the Midvale Transportation Building. Page 4 of 5 City of Palm Beach Gardens ITB2014-029FR CAr1Mlii_1D Furnish and Install Epoxy Flooring at Fire Rescue Stations Nr City of Marco Wand, Florida Address: 50 Bald Eagle Drive Marco Island, FL 34145 Point of contact: Bob Creighton Email: bcreighton&cityofmarcoisland.com Telephone: (239) 389-5011 Type of contract: Fixed price Date of award: July, 2013 Size: $30,198.12 Scope: The City of Marco Island selected Diama-Shield using a costively bid solicitation; we provided all labor, material and equipment to perform a flooring project at their South Water Plant, a facility of approximately 6,000 square feet. Our crews mechanically removed the old surface materials and installed an epoxy coating with a slip resistant texture. County of Moore, North Carolina Address: 302 South McNeill Street Carthage, NC 28327 Point of contact: Terra Vuncannon Email: tvuncannon(a»moorecountxnc.gov Telephone: (910) 947-7118 Type of contract. Fixed price Date of award: September, 2013 Size: $87,665.00 Scope: The County of Moore selected Diama-Shield using a competiti * bid solicitation; we provided all labor, material and equipment to perform an epoxy flooring project at the Rick Rhyne Public Safety Center, a facility of approximately 35,000 square feet. Our crews prepared the surface, patched and repaired, installed a new flooring system and complied with specific requirements regarding products for the project. Page 5 of 5 January 14, 2014 PROJECT: Palm Beach Fire Station LOCATION: Palm Beach, FL To Whom It May Concern: Diamashield, 1200 Piedmont, Troy, MI 48083 has been a customer of Dur-A-Flex, Inc. since 2011, and is recognized as the contractor on the project listed above. As a user of our flooring systems, this installer is provided access to numerous resources including installation information, training videos, product data sheets, our extensive laboratory testing capabilities for appropriate situations, and 24-hour technical support available by phone. Based on the installer's 2 years as a customer of Dur-A-Flex and review of their installations, we believe the installer is qualified to apply DAF products. Note that DAF does not employ manufacturer's authorized contractors trained for installation. As such, DAF cannot warrant any installer's work. Please consider both Diamashield and Dur-A-Flex, Inc. wherever Epoxy, MMA, and Urethane resin flooring systems are specified. Sincerely, Patrick J. Meade Vice President, Sales and Technical Support Dur-A-FW Inc. 1 95 Goodwin Street, East Hartford, CT 06108 1 3969 East GLwA Road, Suite 0. Orbrio, CA 91761 1 TO free: 800.253.3539 1 Tel: 860.528.9838 1 www.0ur-A-Bmcom APPLICATION INSTRUCTIONS INNOVATION FROM THE FLOOR UP 95 Goodwin Street East Hartford, CT 06108 Tat: 900*534539 • Fax: !864211-2110 • wwwAur-aA-tlex.cctn • contact usl0dur-a-ftex.eotn SHOP FLOOR INDUSTRIAL EPDXY FLOORING IMPORTANT! Read these instructions carefully several days prior to starting your work. Seek answers to any questions you may have before you begin. DUR-A-FLEX, Inc. maintains a Technical Staff who will be glad to answer your questions and give you advice pertaining to your particular installation. DUR-A-FLEX Power Mixers are highly recommended for mixing cove base and patching compound. Material for small areas can be mixed with a 1/2" - 3/4" heavy duty, slow speed, electric drill equipped with a DUR-A-FLEX bird -cage mixing attachment and a 3-gallon metal pail. SHOP FLOOR is applied by the broadcast method. When recommended spread rates are followed, a Flintshot double broadcast produces a nominal 1/8" thick finish. SURFACE PREPARATION Surface must be clean, sound, clay and free of all oil, grease, detergent film, sealers and/or curing compounds. A surface profile of 10 to 15 mils is appropriate for most applications. All paint should be removed unless it is a properly applied, totally de -glossed, high quality epoxy. Please refer to the DUR-A-FLEX Surface Preparation Guide on our website for detailed instructions. MIXING AREA Select a convenient mix area and protect the surface from spillage by covering with a layer of cardboard and/or sheet of plastic. Be generous with the amount of space you allocate for this function. The more comfortably your mixer works, the less likely you are to have a ` mix error". Make ready all necessary tools, mix and measure containers, etc. DO NOT MIX ANY EPDXY UNTIL READY FOR IMMEDIATE USE. Once hardener and resin are combined, it must be used without delay. Apply masking tape wherever coating is intended to stop. To obtain neat, straight, chip resistant edges at termination points and/or drains, a "keyed edge" must be installed. PRIMING Prime all surfaces with DUR-A-SHIELD, DUR-A- GLAZE WB PRIMER or DUR-A-GLAZE #4 TIE - COAT II as soon as the surface has been prepared. On oily concrete slabs, SIMONIZ 969 Cleaner is recommended. Be sure to apply primer before oil has a chance to "wick" up to the top of the slab and migrate across the surface. QUALITY CONTROL The color of SHOP FLOOR resin may vary slightly from batch to batch. It is recommended that the tot number on the side of the resin pail be checked, if lot numbers are different, box together the different lot numbers to ensure a uniform color for topcoat applications. JOINT GUIDELINES Refer to the Joint Guidelines for complete details on our website. 1. DOUBLE BROADCAST METHOD A. Prepare the surface as outlined in the DUR-A-FLEX Surface Preparation Guide. B. Prime surface with appropriate primer and spread rate. C. Measure % gallon hardener and 1 gallon resin. When combining, be sure to add the hardener first. Add the resin and scrape out the container. Be careful to pour both hardener and resin into the center of the mixing pail. Mix the blended epoxy with a slow speed power drill with a Jiffler mixing blade for 3 minutes. Always scrape the sides and bottom of the mixing bucket to assure thorough blending. D. Apply a "flood coat" of blended epoxy at approximately 100 Sq Ft per gallon with a 3/16" notched squeegee and back roll with a quality non -shed roller. E. Broadcast Flintshot aggregate. Wearing spiked shoes or golf shoes, walk on the wet epoxy holding a 2 gallon container and broadcast the aggregate until the floor appears dry (about 1/2 lb. per Sq Ft). Be sure to keep moving white throwing the aggregate UP into the air so it falls vertically onto the epoxy. Do not rush, as it may take 15 to 30 seconds for the aggregate to be absorbed by the epoxy. IMPORTANT: Do not "seed" the edge that will be joining the next section. Be sure to leave "WET EDGE" (a 24" strip "unseeded" to permit overlapping when proceeding onto next section). Do not walk on the aggregate with spiked shoes. Be sure to keep any impurities out of the sand such as broom bristles, debris, etc. Allow to cure. F. Sweep off the excess aggregate using a stiff, clean, dry broom with synthetic bristles. G. Repeat steps C (mix), D (apply with a flat squeegee) & E (broadcast) again for t/S" thickness, twice for a 3/16" thickness. H. Sweep off the excess aggregate. Sweep or vacuum the floor again. I. See TOPCOAT INSTRUCTIONS below. "Wanvaties: Seller warrants that its goods, as described on the fact hereof, arc free from any defects in material or workmanship. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR iMPLUM, AND ALL IMPLIED W ARRANT1ES OF MERCHANTABHJTY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. SELLER SHALL NOT BE LIABLE FOR PROSPECTIVE PROFITS OR SPECIAL 94111101 T Oa CONSEQUENTIAL DAMAGES. Sdke a sole liability and buyer's exclusive remedy for breach of any warranty as expressly 8mitad, at seller's option, to replacement a the original F.O.R. Pam or tefuad of purchase price, but in no event will Selee's liability exceed site soul purchase price of the defective prodret. seller shall as be responsible for any Claim teWIdog from failure to utilize product it) the manna in which it was intended and in accordance with instruction pmvided for use of product. Any claim for breach of wrra ty shall be deemed waived unless bays "give seller written notice of such claim within sixty (60) days after delivery and shalt allow salter reasonable opportunity to investigate claim and inspect product" 2. SLURRY BROADCAST METHOD A. Prepare the surface as outlined in the DUR-A-FLEX Surface Preparation Guide. B. Prime surface with appropriate primer and spread rate. C. Measure out 1/2-gallon DUR-A-GLAZE #4 hardener and 1 gallon SHOP FLOOR resin. When combining, be sure to add the hardener first. Add the resin and scrape out the container. Be careful to pour both hardener and resin into the center of the mixing pail. Mix the blended epoxy with a slow speed power drill with a Jiffler mixing blade for 3 minutes. Always scrape the sides and bottom of the mixing bucket to assure thorough blending. D. Add 12 gallon of #12 Jersey Sand, 1/2 gallon of Flintshot aggregate and 12 gallon of #290 flour. Blend thoroughly with drill and Jiffler mixer. Be sure to stir the slurry mix each time immediately before you pour it on the floor, as the sand will settle in the bucket. E. Pour out about 1/3 of the slung and spread with a cement finish trowel. Do not tilt the trowel more than a 45' angle. Use the jersey sand as a guide and let the trowel slide over it. (A loop roller may also be used to help make the slurry more uniform). Allow 5 to 10 minutes for the slurry to level before proceeding to the next step. F. Broadcast Flintshot Aggregate. Wearing spiked shoes walk on the wet epoxy holding a 2-gallon container and broadcast the aggregate until the floor appears dry (about 3/41b. per Sq Ft). Be sure to keep moving while throwing the aggregate UP into the air so it falls vertically onto the epoxy. Do not rush, as it may take 15 to 30 seconds for the aggregate to be absorbed by the epoxy. IMPORTANT: Do not "seed" the edge that will be joining the next section. Be sure to leave this "WET EDGE" (a 24" strip "unseeded" to permit overlapping when proceeding onto next section). Do not walk on the aggregate with spiked shoes. Be sure to keep any impurities out of the sand such as broom bristles, debris, etc. Allow to cure. G. Sweep off the excess aggregate with a stiff broom. Sweep or vacuum the floor again. H. See TOPCOAT INSTRUCTIONS below. TOPCOAT INSTRUCTIONS (Flintshot Only) (1 coat for standard, 2 for orange peel, 3 for smooth) DUR-A-GLAZE #4 WATER CLEAR and REGULAR hardeners are recommended for topcoat applications. A- Measure out 1/2-gallon DUR-A-GLAZE #4 hardener and I gallon SHOP FLOOR resin. Follow the same pouring and mixing procedures as described in the broadcast coat. Apply the topcoat with a 12" flat squeegee. Move squeegee in a continuous semi- circular motion from left to right to left, etc. Steady pressure on squeegee is necessary to obtain a uniform appearance. Do not advance squeegee too rapidly, each semi -circular swing should advance approximately 4 inches. It takes practice to reverse direction of the squeegee movement at the end of each left to right to left stroke. Remove all puddles and ridges before they are out of reach. Start movement of squeegee in a cry area, move onto wet GLAZE and continue to move squeegee until it reaches a dry edge. B. Back roll with a quality short nap, non -shed roller. C. For multiple topcoats, sand the floor in between topcoats with a floor buffing machine and sanding attachment. Use 3%" closed coat sandpaper. D. Sweep or vacuum the floor again and repeat for each topcoat. Apply Armor Top per Product Data Sheet instructions. IMPORTANT: Be sure to pour the hardener into the mixing bucket first, then the "resin". Always scrape the sides and bottom of mixing container to assure thorough blending. USE SIGNS AND BARRIERS to keep traffic out of the area. Do not allow any water on coated surface for 2448 hours. Chemical spillage must be prevented for approximately 5 days. NOTE: Use DUR-A-SOLVE for clear► up. CAUTION Follow the Hazardous Materials Identification System labeling guide for proper personal protective equipment to use when handling this product. Use only as directed. KEEP OUT OF REACH OF CHILDREN. JOINT GUIDELINES Refer to the Joint Guidelines for complete details on our website. Before using any DUR-A-FLEX, Inc. product, be sure the Material Safety Data Sheet is read and understood. 6/1&201V95-86. shop hoar Apptication huuuctim DUR-A-FLEX INNOVATION FROM THE FLOOR UP PRODUCT DATA SHEET 95 Goodwin Street East Hartford, CT 06108 Tel: 11011-2834M • Fax: tM9 S28-2802 • www.dur-o-ftex.com • contact a a-tex e m SHOP FLOOR DESCRIPTION SHOP FLOOR Epoxy Flooring is a combination of pigmented DUR-A-GLAZE SHOP FLOOR, a 100% solids epoxy and Flintshot, a natural quartz sand. The epoxy and the quartz aggregate are fused together during application into a monolithic surface that is extremely durable, thickness ranges from 1/16% 1/4". SHOP FLOOR Epoxy Flooring is similar in application technique, durability and chemical resistance to the time tested DUR-A-QUARTZ Epoxy Flooring. It is available in three different textures; standard non-skid, orange peel and smooth. BENEFITS • Excellent Clarity • Low Odor • Meets USDA, FDA, OSHA standards • Superior Adhesion • Superior Chemical Resistance • Easy Maintenance LIMITATIONS This product is best suited for application in temperatures between 60' F and 95° F. Substrate must be clean, sound and dry. Eroded or spalled areas must be "filled and leveled" with an epoxy grout composed of DUR-A- GLAZE #4 and aggregate. TYPICAL USES SHOP FLOOR Epoxy Flooring is designed for use wherever USDA, OSHA, FDA and EPA standards must be met. It can be applied on most sound substrates including concrete, quarry tile, brick pavers, steel decks, plywood floors, etc. It is ideally suited for heavy-duty industrial applications, particularly in areas requiring durability, easy maintenance, a high degree of sanitation, and high acid and chemical resistance. SHOP FLOOR Epoxy Flooring will protect a new concrete floor from industrial abuse and harsh chemical spillage, and it will restore deteriorated concrete into a better than new condition. Typical areas of application: • Laboratories • Manufacturing Areas • Traffic Aisles • Fire Stations • Machine Shops • Pharmaceutical Plants • Walk In Coolers • Mechanical Rooms • Clean Rooms • Animal Care Areas COLORS SHOP FLOOR is available in 15 standard colors. The color White is only available for use with the DUR-A- GARD S/G 100 mil system. Please refer to the Standard Color Chart on our website. Custom colors are available upon request - PACKAGING SHOP FLOOR is available in 1-gallon cans, 5-gallon pails, and 50-gallon drums. Flintshot quartz sand is available in 100 lb bags. SURFACE PREPARATION This product requires preparation in order to perform as expected. Substrate must be profiled, clean, sound, and dry. Substrate must be primed with DUR-A-SHIELD II, DUR-A-GLAZE WB PRIMER, or DUR-A-GLAZE TIE - COAT H. Please refer to the master Surface Preparation Guide on our website for more information. APPLICATION METHOD/SPREAD RATE SHOP FLOOR is applied with a roper, squeegee or trowel. A typical yield at 1/8" thickness is approximately 30 Sq Ft per gallon of epoxy and 3/4 lb of Flintshot aggregate per Sq Ft. See SHOP FLOOR application instruction sheet for complete instructions. GUIDE SPECIFICATIONS This product is part of the DUR-A-FLEX family of polymer systems. Please contact DUR-A-FLEX for complete three part guide specs. DRAWINGS AND DETAILS Standard CAD drawings and details are available for coves, drains, breaches, transitions, etc. JOINT GUIDELINES Refer to the Joint Guidelines for complete details on our website. "Warranties: seller warrants that its goods, as described on the fax hereof, are free from any defects in material or workmanship. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLY, AND ALL IMPLIED WARRANTIES OF MERCRANTARnATY AND FITNESS FOR A PARTICULAR PURPOSE AM HEREBY DISCLAIMED. SELLER SHALL NOT BE LIARLE FOR PROSPECTIVE PROFITS OR SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES. SdWs sole liability and buyer's exclusive remedy tier breach of any warranty as exgtsssty limited, at sellers option, to rephoement at the original F.O.B. Point or fefund of purchase price, but in no event will Seller's liability exoxd due Goal purchase price of the defective product Seller dial not be aesponalble for any claim [casting from failure to utilize product in the manor in which it was intended and in accordance with instruction provided for use of product. Any claim for breach of warranty "be deemed waived unless buyer shall give seller wrinen notice of such claim within sixty (61) days after delivery and shall allow seller reasonable opportunity to investigate claim and inspect product" PropertySHOPFLOOR TECHNICAL INFORMATION Hardness Shore D ASTM D-2240 75-80 Compressive Strength ASTM D-695 ASTM C-579 17,500 psi 12,500 psi Tensile Strength ASTM D-638 ASTM C-307 4,0W psi 2,600 psi Tensile Elongation ASTM D-638 7.50% Flexural Strength ASTM D-790 ASTM C-580 6,250 psi 4,500 psi Flexural Modulus of Elasticity ASTM D-790 6.2 x 10 Coefficient of Linear Expansion ASTM D-696 2 x 10 Bond Strenjeth to Concrete ASTM D-4541 400 psi substrate fails Indentation ML D-3134 .025 MAX Impact Resistance ML D-3134 Pass Water Absorption ASTM D-570 0.04% Heat Resistance Limitation 140°F - 200OF Flammability ASTM D-635 Self Extinguishing Flame S ad1NFPA 101 ASTM E-84 Class B Abrasion Resistance CS 17 Wheel 1000 GM Load 1000 Cycles ASTM D-4060 24 mg loss Coefficient of Friction Standard Slip -Resistant Orange Peel Smooth ASTM D-2047 0.9 0.8 0.7 VOC Content 8 * Pot life is shorter at higher temperature. Do not use below 55P or above 95°F Cold Cure Hardener is to be used for applications between 40°F and 55°F. MOISTURE CONCERNS Normal limits for moisture vapor transmission for epoxy floor systems are 3 1bsJ1,000 sq. W24 hour using the calcium chloride test per ASTM F-1869 or 75% relative humidity using In -situ Relative Humidity Testing per ASTM F-2170. Please refer to the Floor Evaluation Guidelines at www.dur-a- flex.com for complete details. CHEMICAL RESISTANCE This product is resistant to many common chemicals. Please refer to the master Chemical Resistance Chart on our website for actual resistance to specific chemicals/reagents. CLEANING This product is considered to be a low maintenance flooring solution; however, cffWn textures and service environments require specific procedures. Please refer to the master Cleaning Guide on our website. PECIAL PURPOSE FORMULATIONS DUR-A-GLAZE #4 "Regular" — For most typical installations under normal conditions. DUR-A-GLAZE #4 "Fast" — Use for intermediate coats in room temperature areas where fast turnaround is desired. DUR-A-GLAZE #4 "Water Clear" - ideal for top - coating quartz floors. Has excellent color retention. May be used in warm temperatures when longer pot life is required. DUR-A-GLAZE #4 "Damp Primer" - For use as a Prime Coat or a Base Coat on new concrete (28 to 120 days old) or freshly acid etched concrete, or when a surface cannot be dried thoroughly. CAUTION Follow the Hazardous Materials Identification System labeling guide for proper personal protective equipment to use when handling this product. Use only as directed. KEEP OUT OF REACH OF CHILDREN. Before using any DUR-A-FLEX, Inc. product, be sun the Material Safety Data Sleet is read and understood. 6/1 &2013083-84. ShW Floor Produce Data sheet City of Palm Beach Gardens Invitation to Bid No. iTS2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations SECTION 4 PRICING SCHEDULE 4.1 PRICES AND RATES The bidder shall indicate in the spaces provided, the firm and fixed prices and rates offered to the City for the goods and/or services described below. Bidders may submit prices on all locations or only on specific locations. ITEM LOCATION DESCRIPTION PRICE 1. Fire Rescue Station 1 Furnish and install Dur-A-Flex* epoxy flooring in garage bay area only $ 3kew Days to complete: 4 days 2. Fire Rescue Station 3 Furnish and install Dur-A-Flex® epoxy flooring in garage bay and restroom areas $ 22,579 Days to complete: 4 days 3. Fire Rescue Station 4 Furnish and install Dur-A-Flex* epoxy flooring in garage bay and restroom areas $ 22,579 Days to complete: 4 days 4. Fire Rescue Station 5 Furnish and install Dur-A-Flex® epoxy in restroom areas only $ T,892 Days to complete: 4' days 'Please note — if awarded all four locations and installation at fire rescue station 5 can occur simultaneously with either station 3 or 4, we can offer a 5% discount off the entire project, equating to a savings of $4,495. END OF SECTION 4 Page 125 City of Palm Beach Gardens Invitation to Bid No. rMM4029FR Furnish and lnstag Epoxy Flooring at Fire Resaee Stations Rescue Stations SECTION 5 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART 1: List below the dates of issue for each addendum received In connection with this solicitation: PART II: Addendum #1, iced _ 1% 2044 Addendum #2, Dated Addendum #3, Addendum #4, Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated Addendum #9, Dated Addendum #10, Dated 0 NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION Diama-Shield, LLC Name Travis Sibley, Vice President of Operations Name and Title (Print or Type) January 14, 2014 Date Page 126 City of Palm Beach Gardens invitation to BW Ka ITS2014-029FR Furnish and Install Epoxy Fiooring at Fire Rescue Stations Rescue Stations SECTION 5 BID SUBMITTAL SIGNATURE PAGE By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, Including all Conflict of interest and Code of Ethics provisions. Firm Name: Street Address: 12l P*k*" Q Ift48083 Mailing Address (if different than Street Address): Telephone Number(s): Fax Number(s): _ Email Address: Federal Employer Identification Number: 05-0601595 Prompt Payment Terms: NIA % N/A days' net days Signature: r 'Z. __"; r (Signature of auted agent) Print Name: T Title: vim fttident if By signing this document the bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID NON -RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Page127 City of Palm Beach Gardens Invitation to Bid No. nBZ014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations SECTION 7 AFFIDAVITS, PERFORMANCE BOND FORMAT, LETTER OF CREDIT FORMAT 7.1 AFFIDAVITS The forms listed below must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents a binding commitment upon the bidder to provide the goods and/or services offered to the City If the bidder is determined to be the lowest responsive and responsible bidder. a. Conflict of Interest Disclosure Form b. Notification of Public Entity Crimes Law C. Drug -Free Work Place d. Non -Collusion Affidavit e. Performance Bond (IF REQUIRED, WILL BE REQUESTED FROM BIDDER RECOMMENDED FOR AWARD) f. Letter of Credit (IF REQUIRED, WILL BE REQUESTED FROM BIDDER RECOMMENDED FOR AWARD) (The remainder of this page is intentionally left blank.) Page 128 City of Palm Beach Games Invitation to Bid No. n82014-629FR Fumish and Install Epoxy Fi wft at Fire Rescue stations Rescue stations CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All bidders must disclose within their bids: the name of any officer, director, or agent who Is also an employee of the City of Palm Beach Gardens. Furthermore, all bidders must disclose the name of any City employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the bidder's Firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: X To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property Interest for this bid. The undersigned firm, by attachment to this form, submits Information which may be a potential conflict of Interest due to other Cities, Counties, contracts, or property Interest for this bid. Acknowledged by: Dtea-Shield U.0 Firm Name .90 Travis Sibley, Vice President of Operations v Name and Title (Print or Type) Date. Page 129 City of Palm Beach Gardens Invitation to Bid No. ITS2014-029FR Furnish and Install Epoxy Floors at Fire Rescue Stations Rescue Stations NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub -vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided In Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Diama-Shield LLC Firm Name Signature We President of Operations Name and Title (Print or Type) January 14, 2014 Date Page 130 City of Palm Beach Gardens Invitation to Bid No. rYM14-MFR Furnish and IrstaR Epoxy Flooring at Fire Rescue Stations Rescue Stations DRUG -FREE WORKPLACE Diana -Shield, is a drug -free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Dianna -Shield, LLD Firm Name Signature Name and Title (Print or Type) Date Page 131 City of Patin Beach Gardens Invitation to Bid No. rrMI4-024FR Furnish and Install Epoxy Flooring at Fire Rescue stations Rescue stations NON -COLLUSION AFFIDAVIT STATE OF Michigan COUNTY OF Oak nd Before me, the undersigned authority, personally appeared tTO*- who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He/She is Vice PmWent of Operations of Darts LLC the bidder that has submitted a bid to perform work for the following: ITB No.: 2014-02WR Title: Posh ar d kniall EpW FloorliVat Fire t b. He/She is fully informed respecting the preparation and contents of the attached Request for Bids, and of all pertinent circumstances respecting such solicitation. Such bid is genuine and Is not a collusive or sham bid. C. Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm, or person to submit a collusive or sham bid in connection with the solicitation and contract for which the attached bid has been submitted or to refrain from proposing In connection with such solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm, or person to fix the price or prices in the attached bid or any other bidder, or to fix any overhead, profit, or cost element of the bid price or the bid price of any other bidder, or to secure through arty collusion, conspiracy, connivance, or unlawful agreement any advantage against the City or any person interested in the proposed contract. d. The price or prices quoted In the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in Interest, including this afflant. Subscribed and sworn to (or affirmed) before me this ' day of JqJVaAX Y who Is personally known to me or who has I *s identification. SEAL v . DAVID APT- N:OTARY PU>- G- MICHIGAN OAIftAAND 60LINTY ACT(F1G N-THE COI N f'Y QF 6AK49ND MY (�IviilHlSSf �!?IRES t I42018 Notary Signature Notary Name: ay,41110 �P % Notary Public (State): !✓J /6AN My Commission No: Expires on: Z?. 71' Zgee All.!* )PALM _BEACH GARDENS w 9wpk= to I* learn, work & play CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No. 1 DATE: January 13, 2014 TO: All Potential Proposers or Bidders SOLICITATION NO.: ITB2014-029FR TITLE: . Furnish and Install Epoxy Flooring at Fire Rescue Stations OPENING DATE: Friday, January 17, 2014 This Addendum is and does become a part of the above -mentioned Invitation to Bid. The following question was received from a potential bidder, and the answer is provided as shown below: Question: Is there an estimated budget for this project? Answer: The City estimates that the project will not exceed Sixty Thousand Dollars ($60,000). All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended. IG,,,I e., C.P.M., CPPO, CPPB, CAP -OM Purchasing and Contracts Director PALM BEACH GARDENS 'A unique place to live, learn, work & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT ITB NO.: ITB2014-029FR TITLE: FURNISH AND INSTALL EPDXY FLOORING AT FIRE RESCUE STATIONS DUE DATE: FRIDAY, JANUARY 17, 2014 TIME: 3:OOPM INSTRUCTIONS Sealed bids must be received on or before the due date and time (local time) at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All bids will be publicly opened at City Hall. Each bid submitted to the City Clerk shall have the following information clearly marked on the face of the envelope: the bidder's name, return address, ITB number, due date for bids, and the title of the bid. Included in the envelope shall be one (1) original and two (2) copies of the bid, and one (1) electronic version on CD. The original should be marked "ORIGINAL Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). BROADCAST The City of Palm Beach Gardens utilizes electronic online services for notification and distribution of its solicitation documents. The City's solicitation information can be obtained from: a) Public Purchase - Please contact Public Purchase at support@publicpurchase.com; www.publicourchase.com; or call 801-932-7000 for additional information on registration; b) DemandStar - Please contact DemandStar at www.demandstar.com or by calling them at 1-800-711-1712; c) The City's Vendor List - The City emails all advertised solicitations to vendors which have joined the City's Vendor List. To join the City's Vendor List, please visit the City's Purchasing webpage at http://www.pbgfl.com/content/72/12485/default.aspx and click on the "Join Vendor List" link. Bidders who obtain solicitations from sources other than those named above are cautioned that the Invitation to Bid package may be incomplete. The City will not evaluate incomplete bid packages. DemandStar and Public Purchase are independent entities and are not agents or representatives of the City. Communications to these entities do not constitute communications to the City. The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the event of any discrepancy between information on these websites and the hard copy solicitation documents, the terms and conditions of the hardcopy documents will prevail. CONTACT PERSON Any questions regarding the specifications and solicitation process must be submitted in writing to the Purchasing Department for the Purchasing and Contracts Director at kmra@pbgfl.com. To allow enough time for the City to respond, requests for clarification and additional information should be received at least forty-eight (48) hours before the Due Date for bids. Name of Bidder Page 11 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Aqu* PALM BEACH GARDENS ",A unique place to live, lean , wm* & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 LEGAL ADVERTISEMENT INVITATION TO BID NO. ITB2014-029FR FURNISH AND INSTALL EPDXY FLOORING AT FIRE RESCUE STATIONS The City of Palm Beach Gardens is seeking bids from qualified firms to furnish and install Dur-A-Flex® seamless epoxy flooring at four of the City's fire rescue stations, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. Invitation to Bid documents are available beginning December 30, 2013, at 8:00 a.m. local time on the City of Palm Beach Gardens website at http://www.pbgfl.com and following the links for DemandStar or Public Purchase, or by contacting the City Clerk's Office at (561) 799-4121. Sealed bids must be clearly marked "ITB2014-029FR, Furnish and Install Epoxy Flooring at Fire Rescue Stations" and delivered to the Office of the City Clerk at 10500 North Military Trail, Palm Beach Gardens, Florida 33410. The deadline for submission of bids is January 17, 2014, at 3:00 p.m. local time. At that time, the bids will be publicly opened and read aloud at City Hall, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Late bids will not be accepted and will be returned to the sender unopened. The City will hold Site Visits to allow potential bidders to examine and measure the locations where the work is to be performed on Wednesday, January 8, 2014. Attendance is strongly recommended, but not mandatory. It is the responsibility of the bidder to ensure all pages are included in the submission. All bidders are advised to closely examine the solicitation package. Any questions regarding the completeness or substance of the solicitation package or the goods or services must be submitted in writing via email or fax to Kml Ra, Purchasing and Contracts Director, kmra@pbafl.com or (561) 799-4134. The City of Palm Beach Gardens is exempt from Federal and State Taxes for tangible personal property tax. The City of Palm Beach Gardens reserves the right to accept or reject any or all bid submittals, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the City. CITY OF PALM BEACH GARDENS Patricia Snider, CMC, City Clerk Publish: Palm Beach Post Sunday, December 29, 2013 Page 12 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations TABLE OF CONTENTS SECTION PAGE 1. General Terms and Conditions 4 2. Special Terms and Conditions 16 3. Technical Specifications, Statement of Work, or Scope of Services 21 4. Pricing Schedule 25 5. Acknowledgement of Addenda 26 6. Signature Page 27 7. Affidavits, Performance Bond Format, Letter of Credit Format 28 8. Draft Form of Agreement 37 9. Exhibits (if applicable) 40 Page 13 City of Palm Beach Gardens Invitation to Bid No. ITS2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations SECTION 1 GENERAL TERMS AND CONDITIONS 1.1 DEFINITIONS a. Bid: any offer(s) submitted in response to an Invitation to Bid. b. Bidder: person or firm submitting a Bid in response to an Invitation to Bid. c. Bid Solicitation or Invitation to Bid: this solicitation documentation, including any and all addenda. d. Bid Submittal Form: describes the goods or services to be purchased, and must be completed and submitted with the Bid. e. City: shall refer to the City of Palm Beach Gardens, Florida. f. Contract or Agreement: the Invitation to Bid, all addenda issued thereto, all affidavits, the signed agreement, and all related documents which comprise the totality of the contract or agreement between the City and the Bidder. g. Contractor: successful Bidder or Bidder who is awarded a contract to provide goods or services to the City. h. Invitation to Bid: formal request for bids from qualified Bidders. L Purchasing Department: the Purchasing Department of the City of Palm Beach Gardens, Florida. j. Responsible Bidder: a Bidder which has the capability in all respects to perform in full the contract requirements, as stated in the Invitation to Bid, and the integrity and reliability that will assure good -faith performance. k. Responsive Bidder: a Bidder whose bid conforms in all material respects to the terms and conditions included in the Invitation to Bid. Page 14 1.2 CONE OF SILENCE Pursuant to Section 2-355 of Palm Beach County Ordinance No. 2011-039, and the purchasing policies of the City of Palm Beach Gardens, all solicitations, once advertised and until the appropriate authority has approved an award recommendation, are under the "Cone of Silence". This limits and requires documentation of communications between potential bidders and/or bidders on City solicitations, the City's professional staff, and the City Council members. 1.3 ADDENDUM The Purchasing Department may issue an addendum in response to any inquiry received, prior to the close of the solicitation period, which changes, adds, or clarifies the terms, provisions, or requirements of the solicitation. The Bidder should not rely on any representation, statement, or explanation, whether written or verbal, other than those made in the solicitation document or in the addenda issued. Where there appears to be a conflict between the solicitation and any addenda, the last addendum issued shall prevail. It is the vendor's responsibility to ensure receipt of all addenda, and any accompanying documentation. The vendor is required to submit with its bid or bid a signed "Acknowledgment of Addenda" form, when any addenda have been issued. 1.4 LEGAL REQUIREMENTS This solicitation is subject to all legal requirements contained in the applicable City Ordinances and Resolutions, as well as all applicable City, State, and Federal Statutes. Where conflict exists between this Bid Solicitation and these legal requirements, the authority shall prevail in the following order: Federal, State, and local. 1.5 CHANGE OF BID Prior to the scheduled Bid opening a Bidder may change its Bid by submitting a new Bid (as indicated on the cover page) with a letter on the firm's letterhead, signed by an authorized agent stating that the new submittal replaces the original submittal. The new submittal shall contain the letter and all information as required for submitting the original Bid. No changes to a Bid will be accepted after the Bid has been opened. 1.6 WITHDRAWAL OF BID A Bid shall be irrevocable unless the Bid is withdrawn as provided herein. Only a written letter received by the Purchasing Department prior to the Bid opening date may withdraw a bid. A bid may also be withdrawn ninety (90) days after the Bid has been opened and prior to award, by submitting a letter to the Purchasing and Contracts Director. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Bidder. 1.7 CONFLICTS WITHIN THE BID SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Form, or any addendum issued, the order of precedence shall be: the last addendum issued, the Bid Submittal Form, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 1.8 PROMPT PAYMENT TERMS It is the policy of the City of Palm Beach Gardens that payment for all purchases by City departments shall be made in a timely manner. The City will pay the awarded Bidder upon receipt and acceptance of the goods or services by a duly authorized representative of the City. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. Proceedings to resolve disputes for payment of Page 15 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations obligations shall be concluded by final written decision of the City Manager or designee, not later than sixty (60) days after the date on which the proper invoice was received by the City. 1.9 DISCOUNTS (PROMPT PAYMENTS) The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. 1.10 PREPARATION OF BIDS a. The Bid forms define requirements of items to be purchased, and must be completed and submitted with the Bid. Use of any other forms will result in the rejection of the Bidder's offer. The Bid submittal forms must be legible. Bidders shall use typewriter, computer, or ink. All changes must be crossed out and initialed in ink. Failure to comply with these requirements may cause the Bid to be rejected. b. An authorized agent of the Bidder's firm must sign the Bid submittal form. Failure to sign the Signature Page of the Bid shall render the Bid non -responsive. c. The Bidder may be considered non- responsive if bids are conditioned upon modifications, changes, or revisions to the terms and conditions of this solicitation. d. The Bidder may submit alternate Bid(s) for the same solicitation provided that such offer is allowable under the terms and conditions. The alternate Bid must meet or exceed the minimum requirements and be submitted as a separate Bid submittal marked "Alternate Bid". e. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. 1.11 CANCELLATION OF BID SOLICITATION The City of Palm Beach Gardens reserves the right to cancel, in whole or in part, any Invitation to Bid when it is in the best interest of the City. 1.12 AWARD OF CONTRACT a. The contract may be awarded to the responsive and responsible Bidder meeting all requirements as set forth in the solicitation. The City reserves the right to reject any and all Bids, to waive irregularities or technicalities, and to re -advertise for all or any part of this Bid Solicitation as deemed in its best interest. The City shall be the sole judge of its best interest. Page 16 city of Palm Beach Gardens fivitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations documents as stipulated in the Bid Solicitation. i. The City reserves the right to request and evaluate additional information from any bidder after the submission deadline as the City deems necessary. 1.13 CONTRACT EXTENSION The City reserves the right to automatically extend any agreement for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new agreement is being solicited, evaluated, and/or awarded. b. The City reserves the right to reject any and 1.14 all Bids if it is determined that prices are excessive, best offers are determined to be unreasonable, or it is otherwise determined to be in the City's best interest to do so. c. The City reserves the right to negotiate prices with the responsive and responsible low bidder, provided that the scope of work of this solicitation remains the same. d. The Bidder's performance as a prime 1.15 contractor or subcontractor on previous City contracts shall be taken into account in evaluating the Bid received for this Bid Solicitation. e. The City will provide a copy of the Bid Tabulation to all Bidders responding to this solicitation. f. The Bid Solicitation, any addenda and/or properly executed modifications, the signed 1.16 Agreement, the purchase order, and any change order(s) shall constitute the contract. g. The Purchasing and Contracts Director will decide all tie Bids. h. Award of this Bid may be predicated on compliance with and submittal of all required WARRANTY All warranties express and implied shall be made available to the City for goods and services covered by this Bid Solicitation. All goods furnished shall be fully guaranteed by the awarded Bidder against factory defects and workmanship. At no expense to the City, the awarded Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. ESTIMATED QUANTITIES Estimated quantities or dollars are for Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage; and (b) the City may use these estimates to determine the low Bidder. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for the given amount subsequent to the award of this Bid Solicitation. NON -EXCLUSIVITY It is the intent of the City to enter into an agreement with the awarded Bidder that will satisfy its needs as described herein. However, the City reserves the right as deemed in its best interest to perform, or cause to be performed, the work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to, award of other contracts, use of any contractor, or perform the work with its own employees. 1.17 CONTINUATION OF WORK Any work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the successful Bidder, continue until completion at the same prices, terms, and conditions. 1.18 BID PROTEST A recommendation for contract award or rejection of award may be protested by a Bidder. The Bidder may file a written protest with the City Clerk's office. The bidder shall file its written protest with the City Clerk, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., excluding legal holidays. Protests shall contain the name, address, and phone number of the petitioner, name of the petitioner's representative (if any), and the title and bid number of the solicitation. The protest shall specifically describe the subject matter, facts giving rise to the protest, and the action requested from the City. The written protest must be received no later than seventy-two (72) consecutive hours (excluding Saturdays, Sundays, and legal holidays) after the time of award posting. Failure to file a timely formal written protest within the time period specified shall constitute a waiver by the bidder of all rights of protest. In the event of a timely protest, the City will not proceed further with award of the contract and agreement until all administrative remedies are exhausted, or until the City Manager determines the award of the contract is immediately necessary to protect the public health, welfare, or safety. 1.19 LAWS AND REGULATIONS The awarded Bidder shall comply with all laws and regulations applicable to provide the goods or services specified in this Bid Solicitation. The Bidder shall be familiar with all federal, state, and Page 17 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations local laws that may affect the goods and/or services offered. 1.20 LICENSES, PERMITS AND FEES The awarded bidder(s) shall hold all licenses and/or certifications, obtain and pay for all permits and/or inspections, and comply with all laws, ordinances, regulations, and building code requirements applicable to the work required herein. Damages, penalties, and/or fines imposed on the City or an awarded bidder for failure to obtain and maintain required licenses, certifications, permits, and/or inspections shall be borne by the awarded bidder. 1.21 SUBCONTRACTING Unless otherwise specified in this Bid Solicitation, the successful Bidder shall not subcontract any portion of the work without the prior written consent of the City. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the City may result in termination of the contract for default. 1.22 ASSIGNMENT The awarded Bidder shall not assign, transfer, hypothecate, or otherwise dispose of this contract, including any rights, title, or interest therein, or its power to execute such contract to any person, company, or corporation without the prior written consent of the City. Assignment without the prior consent of the City may result in termination of the contract for default. 1.23 SHIPPING TERMS Unless otherwise specified in the Bid Solicitation, prices quoted shall be F.O.B. Destination. Freight shall be included in the proposed price. 1.24 RESPONSIBILITIES AS EMPLOYER The employee(s) of the awarded Bidder shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The awarded Bidder shall provide physically competent employee(s) capable of performing the work as required. The City may require the awarded Bidder to remove any employee it deems unacceptable. All employees of the awarded Bidder shall wear proper identification. It is the awarded Bidder's responsibility to ensure that all its employees and subcontractors comply with the employment regulations required by the US Department of Homeland Security. The City shall have no responsibility to check or verify the legal immigration status of any employee of the awarded Bidder. 1.25 INDEMNIFICATION The awarded Bidder shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of the agreement by the awarded Bidder or its employees, agents, servants, partners, principals, or subcontractors. The awarded Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The awarded Bidder expressly understands and agrees that any insurance protection required by this contract agreement or otherwise provided by the awarded Bidder shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 1.26 COLLUSION A Bidder recommended for award as the result of a competitive solicitation for any City purchases of supplies, materials, and services (including professional services, other than professional architectural, engineering, and other services subject to Sec. 287.055 Florida Stats.), purchase, Page 18 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations lease, permit, concession, or management agreement shall, within five (5) business days of the filing of such recommendation, submit an affidavit under the penalty of perjury, on a form provided by the City, stating either that the contractor is not related to any of the other parties bidding in the competitive solicitation or identifying all related parties, as defined in this Section, which bid in the solicitation; and attesting that the contractor's bid is genuine and not a sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other bidder to put in a sham bid, or any other person, firm, or corporation to refrain from proposing, and that the bidder has not in any manner sought by collusion to secure to the bidder an advantage over any other bidder. In the event a recommended Bidder identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended Bidder shall be ineligible for award unless that presumption is rebutted to the satisfaction of the City. Any person or entity that fails to submit the required affidavit shall be ineligible for contract award. 1.27 MODIFICATION OF CONTRACT The contract may be modified by mutual consent, in writing, through the issuance of a modification to the contract, a supplemental agreement, purchase order, or change order, as appropriate. 1.28 TERMINATION FOR CONVENIENCE The City, at its sole discretion, reserves the right to terminate any contract entered into pursuant to this Invitation to Bid (ITB) without cause upon thirty (30) days' written notice. Upon receipt of such notice, the awarded bidder shall not incur any additional costs under the contract. The City shall be liable only for reasonable costs incurred by the awarded bidder prior to the date of the notice of termination. The City shall be the sole judge of "reasonable costs." 1.29 TERMINATION FOR DEFAULT The City reserves the right to terminate this contract, in part or in whole, or place the vendor on probation in the event the awarded bidder fails to perform in accordance with the terms and conditions stated herein. The City further reserves the right to suspend or debar the awarded bidder in accordance with the appropriate City ordinances, resolutions, and/or policies. The vendor will be notified by letter of the City's intent to terminate. In the event of termination for default, the City may procure the required goods and/or services from any source and use any method deemed in its best interest. All re -procurement costs shall be borne by the incumbent Bidder. 1.30 FRAUD AND MISREPRESENTATION Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, may be debarred for up to five (5) years. The City, as a further sanction, may terminate or cancel any other contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney's fees. 1.31 ACCESS AND AUDIT OF RECORDS The City reserves the right to require the awarded Bidder to submit to an audit by an auditor of the City's choosing at the awarded Bidder's expense. The awarded Bidder shall provide access to all of its records, which relate directly or indirectly to this Agreement, at its place of business during regular business hours. The awarded Bidder shall retain all records pertaining to this Agreement, and upon request, make them available to the City for three (3) years following expiration of the Agreement. The awarded Bidder agrees to provide such assistance as may be necessary to facilitate the review or audit by the City to ensure compliance with applicable accounting and financial standards. Page 19 City of Palm Beach Gardens Invitation to Bid No. 1TB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations 1.32 OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed County programs, contracts, transactions, accounts and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all City contracts. 1.33 PRE -AWARD INSPECTION The City may conduct a pre -award inspection of the bidder's site or hold a pre -award qualification hearing to determine if the bidder is capable of performing the requirements of this bid solicitation. 1.34 PROPRIETARY AND/OR CONFIDENTIAL INFORMATION Bidders are hereby notified that all information submitted as part of, or in support of Bid submittals will be available for public inspection after the opening of bids in compliance with Chapter 119 of the Florida Statutes, popularly known as the "Public Record Law." The Bidder shall not submit any information in response to this solicitation which the Bidder considers to be a trade secret, proprietary, or confidential. The submission of any information to the City in connection with this solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection which would otherwise be available to the Bidder. In the event that the Bidder submits information to the City in violation of this restriction, either inadvertently or intentionally, and clearly identifies that information in the bid as protected or confidential, the City may, in its sole discretion, either (a) communicate with the Bidder in writing in an effort to obtain the Bidder's withdrawal of the confidentiality restriction, or (b) endeavor to redact and return that information to the Bidder as quickly as possible, and if appropriate, evaluate the balance of the bid. The redaction or return of information pursuant to this clause may render a bid non -responsive. 1.35 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) Any person or entity that performs or assists the City of Palm Beach Gardens with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996. HIPAA mandates for privacy, security, and electronic transfer standards include, but are not limited to: a. Use of information only for performing services required by the contract or as required by law; b. Use of appropriate safeguards to prevent non -permitted disclosures; c. Reporting to the City of Palm Beach Gardens any non -permitted use or disclosure; d. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; e. Making Protected Health Information (PHI) available to the customer; City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations records and/or electronic transfer of data). The Bidder must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.36 ADDITIONAL FEES AND SURCHARGES Unless provided for in the contract/agreement, the City will not make any additional payments such as fuel surcharges, demurrage fees, or delay -in -delivery charges. 1.37 COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). 1.38 COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF FEDERAL FUNDING If the goods or services to be acquired under this solicitation are to be purchased, in part or in whole, with Federal funding, it is hereby agreed and understood that Section 60-250.4, Section 60-250.5, and Section 60-741.4 of Title 41 of the United States Code, which addresses Affirmative Action requirements for disabled workers, is incorporated into this solicitation and resultant contract by reference. f. Making PHI available to the customer for 1.39 review and amendment, and incorporating any amendments requested by the customer; g. Making PHI available to the City of Palm Beach Gardens for an accounting of disclosures; and h. Making internal practices, books, and records 1.40 related to PHI available to the City of Palm Beach Gardens for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper Page 110 BINDING EFFECT All of the terms and provisions of this contract/agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. SEVERABILITY If any part of this contract is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 1.41 GOVERNING LAW AND VENUE This contract and all transactions contemplated by this agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each parry hereby waives whatever its respective rights may have been in the selection of venue. 1.42 ATTORNEYS FEES It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this contract or interpret same, or if any administrative proceeding is brought for the same purposes, each parry shall pay their own attorney's fees and costs, including appellate fees and costs. 1.43 EQUAL OPPORTUNITY AND ANTI- DISCRIMINATION The City of Palm Beach Gardens complies with all laws prohibiting discrimination on the basis of age, race, gender, religion, creed, political affiliation, sexual orientation, physical or mental disability, color or national origin, and therefore is committed to assuring equal opportunity in the award of contracts and encourages small, local, minority, and female -owned businesses to participate. During the performance of this contract, the awarded bidder agrees it will not discriminate or permit discrimination in its hiring practices or in its performance of the contract. The awarded bidder shall strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida, Palm Beach County and the federal government. The awarded bidder further acknowledges and agrees to provide the City with all information Page 111 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors in connection with this Contract. 1.44 AVAILABILITY OF CONTRACT TO OTHER CITY DEPARTMENTS It is agreed and understood that any City department or agency may access this contract and purchase the goods or services awarded herein. Each City department will issue a separate purchase order to the awarded Bidder for the department's specific purchases. 1.45 CRIMINAL HISTORY BACKGROUND CHECKS Prior to hiring a contract employee or contracting with a bidder, the City may conduct a comprehensive criminal background check by accessing any Federal, State, or local law enforcement database available. The contract employee or bidder will be required to sign an authorization for the City to access criminal background information. The costs for the background checks shall be borne by the City. 1.46 LABOR, MATERIALS, AND EQUIPMENT Unless specified elsewhere in the Solicitation or resultant contract, all labor, materials, and equipment required for the performance of the requirements of the Contract shall be supplied by the awarded Bidder. 1.47 MINIMUM WAGE REQUIREMENTS The awarded Bidder shall comply with all minimum wage and living wage requirements, such as Living Wage requirements, minimum wages based on Federal Law, minimum wages based on the Davis -Bacon Act, and the provisions of any other wages laws, as may be applicable to this Contract. 1.48 PACKING SLIP AND DELIVERY TICKET A packing slip and/or delivery ticket shall accompany all items during delivery to the City. The documents shall include information on the City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations contract number or purchase order, any back any loss or damages incurred by any person or order items, and the number or quantity of items entity as a result of the City's treatment of being delivered. ' records as public records. 1.49 PURCHASE OF OTHER ITEMS The City reserves the right to purchase other related goods or services, not listed in the solicitation, during the contract term. When such requirements are identified, the City may request price quote(s) from the awarded Bidder(s) on the contract. The City, at its sole discretion, will determine if the prices offered are reasonable, and may choose to purchase the goods or services from the awarded Bidder, another contract vendor, or a non -contract vendor. 1.50 PUBLIC RECORDS Florida law provides that municipal records shall at all times be available to the public for inspection. Chapter 119, Florida Statutes, the Public Records Law, requires that all material submitted in connection with a bid response shall be deemed to be public record subject to public inspection upon award, recommendation for award, or thirty (30) days after bid opening, whichever occurs first. Certain exemptions to public disclosure are statutorily provided for in Section 119.07, Florida Statutes. If the Bidder believes any of the information contained in his/her/its bid is considered confidential and/or proprietary, inclusive of trade secrets as defined in Section 812.081, Florida Statutes, and is exempt from the Public Records Law, then the Bidder, must in its response, specifically identify the material which is deemed to be exempt and state the legal authority for the exemption. All materials that qualify for exemption from Chapter 119, Florida Statutes or other applicable law must be submitted in a separate envelope, clearly identified as "EXEMPT FROM PUBLIC DISCLOSURE" with the firm's name and the bid number clearly marked on the outside. The City will not accept bids when the entire bid is labeled as exempt from disclosure. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against Page 112 The awarded bidder(s) shall keep and maintain public records and fully comply with the requirements set forth at Section 119.071, Florida Statues; failure to do so shall constitute a material breach of any and all agreements awarded pursuant to this solicitation. 1.51 CONFLICTS OF INTEREST All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Further, all Bidders must disclose the name of any City employee who has any interest, financial or otherwise, direct or indirect, of five percent (5%) or more in the Bidders' firm or any of its branches. Failure to disclose any such affiliation will result in disqualification of the Bidder from this Invitation to Bid and may be grounds for further disqualification from participating in any future bids or bids with the City. 1.52 PUBLIC ENTITY CRIMES As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has been placed on the convicted vendors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity; may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. 1.53 OTHER GOVERNMENTAL AGENCIES If a bidder is awarded a contract as a result of this ITB, the bidder shall allow other governmental agencies to access this contract and purchase the goods and services under the terms and conditions at the prices awarded, as applicable. 1.54 COMPLETION OF WORK AND DELIVERY All work shall be performed and all deliveries made in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the awarded bidder(s), except in such cases where the completion date will be delayed due to acts of nature, force majeure, strikes, or other causes beyond the control of the awarded bidder. In these cases, the awarded bidder shall notify the City of the delays in advance of the original completion so that a revised delivery schedule can be appropriately considered by the City. 1.55 FAILURE TO DELIVER OR COMPLETE WORK Should the awarded bidder(s) fail to deliver or complete the work within the time stated in the contract, it is hereby agreed and understood that the City reserves the authority to cancel the contract with the awarded bidder and secure the services of another vendor to purchase the items or complete the work. If the City exercises this authority, the City shall be responsible for reimbursing the awarded bidder for work that was completed, and items delivered and accepted by the City in accordance with the contract specifications. The City may, at its option, demand payment from the awarded bidder, through an invoice or credit memo, for any additional costs over and beyond the original contract price which were incurred by the City as a result of having to secure the services of another vendor. 1.56 CORRECTING DEFECTS The awarded bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within three (3) calendar days after the City notifies the awarded bidder of such deficiency in writing. If the awarded bidder fails to correct the defect, the City may (a) place the awarded bidder in default of its contract; and/or (b) procure the products or services from another source and charge the awarded bidder for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing. Page 113 City of Palm Beach Gardens Invitation to Bid No. IT62014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations 1.57 ACCIDENT PREVENTION AND BARRICADES Precautions shall be exercised at all times for the protection of persons and property. All awarded bidders performing services or delivering goods under this contract shall conform to all relevant OSHA, State, and County regulations during the course of such effort. Any fines levied by the above -mentioned authorities for failure to comply with these requirements shall be borne solely by the awarded bidder. Barricades shall be provided by the awarded bidder when work is performed in areas traversed by persons, or when deemed necessary by the City. 1.58 OMISSIONS IN SPECIFICATIONS The specifications and/or statement of work contained within this solicitation describe the various functions and classes of work required as necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall not relieve the bidder from furnishing, installing, or performing such work where required to the satisfactory completion of the project. 1.59 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The awarded bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the awarded bidder in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the awarded bidder are found to be defective or do not conform to specifications, (1) the materials may be returned to the awarded bidder at the bidder's expense and the contract cancelled; or (2) the City may require the awarded bidder to replace the materials at the bidder's expense. 1.60 TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW" REGULATIONS The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA) requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace. Accordingly, the awarded bidder(s) performing under this contract are required to provide two (2) complete sets of Material Safety Data Sheets to each City department utilizing the any awarded products that are subject to these regulations. This information should be provided at the time when the initial delivery is made, on a department -by -department basis. 1.61 TAXES The City of Palm Beach Gardens is exempt from Federal and State taxes for tangible personal property. 1.62 BIDDER'S COSTS The City shall not be liable for any costs incurred by Bidders in responding to this Invitation to Bid. 1.63 SUBSTITUTION OF PERSONNEL It is the intention of the City that the awarded Bidder's personnel proposed for the contract shall be available for the initial contract term. In the event the awarded Bidder wishes to substitute personnel, the awarded Bidder shall propose personnel of equal or higher qualifications, and all replacement personnel are subject to the City's approval. In the event the substitute personnel are not satisfactory to the City, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract for cause. 1.64 FORCE MAJEURE The City and the awarded Bidder are excused from the performance of their respective obligations under the contract when and to the extent that their performance is delayed or prevented by any circumstances beyond their control, including fire, flood, explosion, strikes or Page 114 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations other labor disputes, natural disasters, public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance provided that: a. The non -performing party gives the other party prompt written notice describing the particulars of the force majeure, including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the force majeure. b. The excuse of performance is of no greater scope and of no longer duration than is required by the force majeure. c. No obligations of either party that arose before the force majeure causing the excuse of performance are excused as a result of the force majeure. d. The non -performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the awarded Bidder shall not constitute a force majeure. The term of the contract shall be extended by a period equal to that during which either party's performance is suspended under this section. 1.65 NOTICES Notices shall be effective when received at the addresses specified in the contract/agreement. Changes in respective addresses to which such notices are to be directed may be made from time to time by either party by written notice to the other party. Facsimile and email transmissions are acceptable notice effective when received; however, facsimile and email transmissions received after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must also be mailed to the receiving party. Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the successful Proposer and the City of Palm Beach Gardens. Page 115 City of Palm Beach Gardens Invitation to Bid No. ITS2014-029FR Furnish and install Epoxy Flooring at Fire Rescue Stations 1.66 POOL CONTRACTS During the term of contracts and agreements that are executed as vendor pools, awarding vendors in prequalified pools of vendors, either as a general pool or by categories, sub -categories, or groups, the City reserves the right to add new vendors to these contracts for goods or services not awarded for the original solicitation or as part of the general pool category, sub -category or group. To be eligible to be added to these pool contracts, a vendor must meet the same eligibility requirements established in the original Invitation to Bid. END OF SECTION 1 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE The purpose of this solicitation is to secure offers from qualified contractors to furnish and install Dur-A-Flex® Seamless Epoxy flooring at four(4) fire rescue stations, as described and specified within this solicitation, for the City of Palm Beach Gardens, Florida. 2.2 CONTRACT MEASURES AND PREFERENCES Intentionally Omitted 2.3 PRE -BID CONFERENCE Intentionally Omitted 2.4 TERM OF CONTRACT: UPON COMPLETION The contract shall commence upon the date of the duly executed Agreement, and shall remain in effect until the work requested in conjunction with this Invitation to Bid, has been completed and accepted by the City, and upon completion of the expressed and/or implied warranty periods. 2.5 OPTIONS TO RENEW Intentionally Omitted 2.6 METHOD OF AWARD: TO LOWEST PRICED VENDOR BY LOCATION The City will award this contract to the lowest priced responsive, responsible bidder(s) on a location -by -location basis. The City will select the bidder(s) to be recommended for award based on the lowest price(s) offered for each location. The City reserves the right to award all locations to one bidder, provided the prices offered by that bidder are the lowest for all locations. 2.7 PRICES If the bidder is awarded a contract under this solicitation, the prices offered by the bidder shall remain fixed and firm during the term of contract. 2.8 PRICE ADJUSTMENTS Intentionally Omitted 2.9 EXAMINATION OF LOCATIONS AND SITE VISIT Prior to submitting its offer, it is recommended that the bidder visit the site and locations of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required. The bidder is also advised to examine carefully any drawings, specifications, or equipment, and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. Page 116 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations Site visits may be scheduled and arranged for bidders to visit each location during the time and date shown below. PLEASE CALL AHEAD to ensure that someone is at the station to allow you access, and that the crew is not all out on a call. Telephone: (561) 799-4300; ask for Dave DeRita. Time: 8:OOAM _ 5:OOPM Day: Wednesday, January 8, 2014 NOTE: Fire rescue staff at each location is not qualified or authorized to answer any questions regarding this project. Bidders must email any questions to the City's Purchasing Department at kmra@pbgfl.com. 2.10 EQUAL PRODUCT NOT ACCEPTED The City WILL NOT consider any equal or other substitute product to the Dur-A-Flex" epoxy specified in this solicitation. Bidders must submit offers based on furnishing of the Dur-A-Flex® epoxy, and must be authorized by the manufacturer to supply and install the product. 2.11 LIQUIDATED DAMAGES Time is of the essence regarding this Invitation to Bid for the work contemplated hereunder. The City may suffer financial loss and inconvenience if the work is not completed to the satisfaction of the City within the time specified for each location. Therefore, failure to timely complete the work shall result in the awarded bidder being subject to liquidated damages, but not as penalty, in the amount of Two Hundred Dollars ($200) per day, for each and every calendar day the work remains incomplete. As compensation due the City for loss of use and for additional costs incurred by the City due to such non -completion of the work, the City shall have the right to deduct the liquidated damages from any amount due, or that may become due to the awarded bidder under this contract, or to invoice the awarded bidder for such damages if the costs incurred exceed the amount due to the awarded bidder. The awarded bidder and the City agree that the amount for liquidated damages is not punitive, and is intended to compensate the City for difficult to quantify losses. 2.12 INSURANCE The awarded bidder shall not commence any performance pursuant to the terms of this bid until certification or proof of insurance has been received and approved by the City's Risk Coordinator. The required insurance coverage is to be issued by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of A.M. Best's Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of Palm Beach Gardens shall be notified at least thirty (30) days in advance of cancellation, non -renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the awarded bidder's obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Palm Beach Gardens. Page 1 17 city of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations The awarded bidder must submit a current Certificate of Insurance, naming the City of Palm Beach Gardens as an additional insured and list as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration. The awarded bidder shall provide insurance coverage as follows: WORKERS COMPENSATION Awarded bidder shall carry Workers Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws. The City reserves the right not to accept exemptions to the Workers Compensation requirements of this solicitation. ii. COMPREHENSIVE GENERAL LIABILITY Awarded bidder shall carry Comprehensive General Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00); and include Products/Completion Liability of One Million Dollars ($1,000,000). Such certificate shall list the City as additional insured. NOTE: If Comprehensive General Liability limits are less than One Million Dollars ($1,000,000.00), the sum of Comprehensive General Liability limits and Excess Liability limits must equal no less than One Million Dollars ($1,000,000.00). iii. AUTOMOBILE LIABILITY Awarded bidder shall carry Automobile Liability Insurance to include owned, non - owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00) each occurrence. 2.13 BID BOND/GUARANTY Intentionally Omitted 2.14 PERFORMANCE BOND Intentionally Omitted 2.15 CERTIFICATIONS Any bidder which submits an offer in response to this solicitation shall, at the time of such offer, hold valid documentation from the manufacturer certifying the bidder to furnish and install the Dur-A-Flex® epoxy. If work for other trades is required in conjunction with this solicitation and will be performed by a subcontractor(s), an applicable certification for the work issued to the subcontractor(s) shall be submitted with the bidder's offer; provided, however, that the City may at its option and in its best interest allow the bidder to supply the subcontractor(s) certificate to the City during the bid evaluation period. 2.16 METHOD OF PAYMENT: INVOICE FOR COMPLETION OF WORK The awarded bidder shall submit an invoice to the City upon completion, inspection and acceptance of the work by the City. The date of the invoice shall not exceed thirty (30) calendar days from the completion of the work. Under no circumstances shall the invoice be submitted to Page 1 18 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations the City in advance of the acceptance of the work. The invoice shall contain the following basic information: the awarded bidder's name and address, invoice number, date of invoice, description of the goods or service, the contract number, purchase order number, and any discounts. 2.17 DELIVERY REQUIREMENTS: COMPLETION OF WORK FROM DATE OF PURCHASE ORDER The bidder shall state in its offer the number of calendar days from the date of the purchase order in which it will guarantee to complete the work. Time for completion may be considered a factor in determining the awarded bidder, if so stipulated in the Method of Award. The completion date for each location shall not exceed thirty (30) calendar days after date of the purchase order. 2.18 WARRANTY REQUIREMENTS: ONE (1) YEAR FROM DATE OF ACCEPTANCE In addition to all other warranties that may be supplied by the bidder, the awarded bidder shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of one (1) year from the date of acceptance of the labor and materials by the City. This warranty requirement shall remain in force for the full period; regardless of whether the awarded bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the awarded bidder does not constitute a waiver of these warranty provisions. 2.19 ADDITIONAL FACILITIES Intentionally Omitted 2.20 CATALOGS AND PRICE LISTS Intentionally Omitted 2.21 CLEAN UP The awarded bidder shall remove all unusable materials and debris from the work areas at the end of each workday, and disposed of in an appropriate manner. Upon final completion, the awarded bidder shall thoroughly clean up all areas where work has been performed, as mutually agreed with the City's authorized representative. 2.22 DEMONSTRATION OF EQUIPMENT Intentionally Omitted 2.23 HOURLY RATE Intentionally Omitted 2.24 MOTOR VEHICLE LICENSE REQUIREMENT Intentionally Omitted 2.25 PATENTS AND ROYALTIES Intentionally Omitted 2.26 PRE -CONSTRUCTION CONFERENCE Intentionally Omitted Page 1 19 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations 2.27 RELEASE OF CLAIM REQUIRED Intentionally Omitted 2.28 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of its bid, the bidder must identify any and all subcontractors that will be used in the performance of the proposed contract, their capabilities and experience, and the portion of the work to be done by the subcontractor. The competency of the subcontractor(s) with respect to experience, skill, responsibility and business standing shall be considered by the City when making the award in the best interest of the City. If the bidder fails to identify any and all sub- contractors in the bid, the bidder may be allowed to submit this documentation during the bid evaluation period if such action is in the best interest of the City. 2.29 OTHER FORMS OR DOCUMENTS If the City is required by the awarded Bidder to complete and execute any other forms or documents in relation to this solicitation, the terms, conditions, and requirements in this solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Bidder's forms or documents. END OF SECTION 2 Page 120 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations SECTION 3 TECHNICAL SPECIFICATIONS 3.1 GENERAL INFORMATION The City seeks to contract with a qualified firm that can provide all labor, materials, tools, fabrications, equipment and services to furnish and install Dur-A-FlexO seamless epoxy flooring at the following fire rescue stations, as specified in this Invitation to Bid and as otherwise indicated in the attachments. LOCATIONS The work shall be performed in the garage bay and restrooms of the following fire rescue stations, as indicated below. a. Fire Rescue Station 1: 4425 Burns Road (Burns Road and Military Trail) b. Fire Rescue Station 3: 5161 Northlake Boulevard C. Fire Rescue Station 4: 11264 Jog Road (Mirasol) d. Fire Rescue Station 5: 3913 Hood Road (Alternate A1A and Hood Road) NOTE: Fire Rescue Station 2 is NOT a part of this project. 3.2 MEASUREMENTS The specific areas and approximate square footage are identified in the following table. Bidders must conduct their own measurements during the Site Visit (see Section 2.9) and not rely entirely on the information provided in the table. FIRE RESCUE STATION NO. GARAGE BAY RESTROOMS 1 7,000 N/A 3 3,100 3 RR = 80 sqft; 210 sqft; 180 sqft 4 3,100 3 RR = 80 sqft; 210 sqft; 180 sqft 5 N/A 3 RR = 80 sqft; 210 sqft; 180 sqft RR = restrooms 3.3 DELIVERY, STORAGE AND HANDLING a. Deliver materials to project site in manufacturer's unopened containers with labels intact. b. Store materials indoors; protect from contamination and elements. 3.4 JOB CONDITIONS a. Environmental Requirements: Maintain temperature before, during and after installing until flooring is cured, at a temperature range as recommended by flooring manufacturer's product data. Page 121 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations b. Provide controlled ventilation in spaces where the flooring is being installed. Maintain ventilation throughout curing period. C. Coordination: Coordinate requirements for special finishing and curing of concrete floor slabs with other requirements of the work, as applicable. d. Job to be coordinated with all other trades. No traffic shall be permitted during the installation and the curing of the epoxy flooring. 3.5 QUALITY CRITERIA Applicable standards: a. American Society for Testing and Materials (ASTM). b. American National Standards Institute (ANSI). C. United States Department of Agriculture (USDA) L.A. Rule 66. Installer and Manufacturer Qualifications: d. Applicator: Trained and approved in writing by flooring system and manufacturer. e f 9. Approved applicators for this product are as follows: i. Durabond Company, 142 NW 29th Street, Miami, FL 33127; tel 305-576-6533, ext. 101; fax 305-576-0107; contact William Canary; wcanary@durafloor.net ii. Epoxy Flooring Solutions, 2606 Kirkland Rd Dover, FL 33527, tel. 813-982-2292. Contact Ken Jane; epoxvfloorsol@aol.com iii. PremUS of Orlando, Inc., 16403 Myers Court, Clermont, FL. 34711, tel. 407-654- 3099, contact Gary Rader; Gary@premus.com Manufacturer: Minimum of five years of production and installation of specified system. Products: All components of the system furnished by same manufacturer. Criteria: i. Mix Ratio (per manufacturer's specification) ii. POT LIFE approx 22 minutes iii. FLASH POINT, closed Part A-220F, Part B-475F HARDNESS (Shore D) COMPRESSIVE STRENGTH TENSILE STRENGTH ASTM D-2240.75-80 ASTM D-96S.17,500PSI ASTM D-638.4,000PSI Page 122 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations TENSILE ELONGATION FLEXURAL STRENGTH LINEAR SHRINKAGE COEFFICIENT OF LINEAR EXPANSION -12f TO 140f IN./IN./F BOND STRENGTH TO CONCRETE SHEAR FROM STEEL PLATE INDENTATION IMPACT RESISTANCE ELEVATED TEMPURATURE WATER ABSORPTION ELECTRICAL CONDUCTIVITY ABRASION RESISTANCE TOXICITY 3.6 SEAMLESS FLOORING ASTM D-638.7.5 % ASTM D-790.6.250PSI ASTM D-2566.0.02% ASTM D-696.20X10-6 ACI-403.335PS1, CONCRETE FAI LS MIL D-3134 (1,050 PSI) MIL D-3134 (.025" MAX) MIL D-3134 (no cracking or delamination) MIL D-3134 (no slip or flow) ASTM D-570 (.004%) non-conductive TABER ABRADER, CS-17 wheels 2000gm load, 1000 cycles, avg. 24.Omg loss non -toxic, USDA approved a. Acceptable products (alternate manufacturers are not accepted) DURA FLEX COMPANY SHOP FLOOR (APPARATUS BAY) — Slate Grey Color Product must meet the requirements of USGBC LEED V2.2 for VOC limits for adhesives and sealants. b. Characteristics: L Type: Two -component epoxy resin with #28 graded ceramic color Quartz aggregate ii. Thickness: 1/8" iii. Colors: See above. Colors to be confirmed from samples iv. Finishes: Standard non-skid 3.7 PREPARATION OF SURFACE a. Prepare existing surfaces using manufacturer's recommended methods. b. Prior to application of prime coat, clean surfaces to receive flooring. Remove debris, dirt and foreign substances. C. Verify that moisture content is within the limits required by the seamless epoxy flooring manufacturer. Provide water vapor reduction in accordance with specification Section 09699 prior to installation of seamless epoxy flooring 3.8 INSTALLATION a. Apply flooring material in accordance with manufacturer's printed product data. Rate of application shall not be less than recommended by manufacturer. Page 123 city of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations b. Cure flooring for period recommended by manufacturer before allowing traffic on surface. C. Completed flooring shall be uniform in color, texture and aggregate distribution. Surface shall be in place and uniform and free of bubbles, foreign material, defect or irregularity. Neatly trim edges and where material abuts adjacent construction. Edges at doors shall occur under closed door. 3.9 ATTACHMENTS Attachment A, Section 09699 is provided as referenced in Section 3.7, Preparation of Surface. Please disregard the references in the Attachment to other "Sections" which are not part of this solicitation or project. Exhibit A, Product Data Sheet, contains technical information on the Dur-A-Flex® Epoxy coating. 3.10 WORKING HOURS The City will make the facilities available for the work to be performed from 7:OOam — S:OOpm each day. The awarded bidder and the City will mutually agree on any work to be accomplished outside of these hours, provided there are no additional charges to the City for such after-hours work. 3.11 COLOR SAMPLES Bidders shall submit color samples with their bid submittals. The City will select the color of the epoxy to be installed from the samples provided. If a bidder fails to provide color samples with its bid, the City may allow the bidder to submit the samples during the evaluation period, or reject the bidder's offer, whichever the City determines to be in its best interests. END OF SECTION 3 Page 124 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations SECTION 4 PRICING SCHEDULE 4.1 PRICES AND RATES The bidder shall indicate in the spaces provided, the firm and fixed prices and rates offered to the City for the goods and/or services described below. Bidders may submit prices on all locations or only on specific locations. ITEM LOCATION DESCRIPTION PRICE 1. Fire Rescue Station 1 Furnish and install Dur-A-Flex® epoxy flooring in garage bay area only Days to complete: days 2. Fire Rescue Station 3 Furnish and install Dur-A-Flex® epoxy flooring in garage bay and restroom areas Days to complete: days 3. Fire Rescue Station 4 Furnish and install Dur-A-FlexO epoxy flooring in garage bay and restroom areas Days to complete: days 4. Fire Rescue Station 5 Furnish and install Dur-A-Flex® epoxy in restroom areas only Days to complete: days END OF SECTION 4 Page 125 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations SECTION 5 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: List below the dates of issue for each addendum received in connection with this solicitation: Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated Addendum #9, Dated Addendum #10, Dated PART II: ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION Firm Name Signature Name and Title (Print or Type) Date Page 126 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations SECTION 6 BID SUBMITTAL SIGNATURE PAGE By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different than Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Prompt Payment Terms: % days' net days Signature: (Signature of authorized agent) Print Name: Title: By signing this document the bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID NON -RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Page 127 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations SECTION 7 AFFIDAVITS, PERFORMANCE BOND FORMAT, LETTER OF CREDIT FORMAT 7.1 AFFIDAVITS The forms listed below must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents a binding commitment upon the bidder to provide the goods and/or services offered to the City if the bidder is determined to be the lowest responsive and responsible bidder. a. Conflict of Interest Disclosure Form b. Notification of Public Entity Crimes Law C. Drug -Free Work Place d. Non -Collusion Affidavit e. Performance Bond (IF REQUIRED, WILL BE REQUESTED FROM BIDDER RECOMMENDED FOR AWARD) f. Letter of Credit (IF REQUIRED, WILL BE REQUESTED FROM BIDDER RECOMMENDED FOR AWARD) (The remainder of this page is intentionally left blank.) Page 128 City of Palm Beach Gardens Invitation to Bid No. ITS2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations 1-8 Lis in, The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All bidders must disclose within their bids: the name of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Furthermore, all bidders must disclose the name of any City employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the bidder's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this bid. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date Page 129 City of Palm Beach Gardens Invitation to Bid No. 1TB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub -vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date Page 130 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations DRUG -FREE WORKPLACE i5 a drug -free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date Page 131 City of Palm Beach Gardens Invitation to Bid No. IT82014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations NON -COLLUSION AFFIDAVIT STATE OF COUNTY OF Before me, the undersigned authority, personally appeared , who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He/She is of , the bidder that has submitted a bid to perform work for the following: ITB No.; Title: b. He/She is fully informed respecting the preparation and contents of the attached Request for Bids, and of all pertinent circumstances respecting such solicitation. Such bid is genuine and is not a collusive or sham bid. C. Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm, or person to submit a collusive or sham bid in connection with the solicitation and contract for which the attached bid has been submitted or to refrain from proposing in connection with such solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm, or person to fix the price or prices in the attached bid or any other bidder, or to fix any overhead, profit, or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City or any person interested in the proposed contract. d. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Subscribed and sworn to (or affirmed) before me this day of 2013, by who is personally known to me or who has produced as identification. SEAL Notary Signature Notary Name: Notary Public (State): My Commission No: Expires on: Page 132 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations PERFORMANCE BOND FORMAT KNOW ALL MEN BY THESE PRESENTS: that - (Insert full name and address or legal title of successful bidder) as Principal, hereinafter called Contractor, and (Name of Insurer) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Palm Beach Gardens, Palm Beach County, Florida. As Obligee, hereinafter called the City, in the amount of For the payment whereof, Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severably, firmly by the presents. WHEREAS, Contractor has by written agreement dated 2013, entered into Contract No. with the City in accordance with the solicitation specifications prepared by the City which Contract is by reference made a part hereof and is hereinafter referred as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the City. Whenever Contractor shall be and declared by the City to be in default under the Contract, the City having performed City's obligations thereunder, the Surety may promptly remedy the default or shall promptly: a. Complete the Contract in accordance with its terms and conditions; or b. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or if the City elects, upon determination by the City and the Surety jointly of the most responsible bidder, arrange for a Contract between such bidder and the City, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of Page 133 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by the City to Contractor under the contract and any amendments thereto, less the amount properly paid by the City to the Contractor. Any suit under this bond must be instituted before the expiration of twenty-five (25) months from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein or the heirs, executors, administrators, or successors of the City. Signed and sealed this day of .2013. (Witness) (Witness) Page 134 (Principal) (Seal) (Title) (Name of Insurer) Surety (Seal) By: (Attorney -in -Fact) city of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations LETTER OF CREDIT FORMAT LETTER OF CREDIT NO.: ISSUANCE DATE: APPLICANT: (Name of Corporation} (Address) (City, State, zip} BENEFICIARY: CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 FOR U.S.D. DATE OF EXPIRATION: WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. IN FAVOR OF THE BENEFICIARY, THE CITY OF PALM BEACH GARDENS, FLORIDA (HEREINAFTER "PBG") FOR THE ACCOUNT OF THE ABOVE -REFERENCED APPLICANT, AVAILABLE BY YOUR DRAFTS DRAWN ON (Insert name of Bank) PAYABLE AT SIGHT FOR ANY SUM OF MONEY NOT TO EXCEED A TOTAL OF (Insert the amount of money) THE AMOUNT REFERENCED ABOVE. DEMANDS OF THE LETTER OF CREDIT MUST BE ACCOMPANIED BY A STATEMENT FROM THE CITY MANAGER OF THE CITY OF PALM BEACH GARDENS CERTIFYING EITHER: (1) THAT SAID LETTER OF CREDIT IS ABOUT TO EXPIRE AND HAS NOT BEEN RENEWED, OR (2) THAT WORK HAS NOT BEEN COMPLETED IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS, AND AGREEMENTS (INCLUDING ANY AMENDMENTS THEREOF) FOR THE FOLLOWING PROJECT: (Name of Project} (THE `PROJECT'). IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT WILL BE AUTOMATICALLY EXTENDED FOR PERIODS OF ONE YEAR FROM EXPIRY DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, WITHOUT ANY AMENDMENT, UNLESS THIRTY (30) DAYS BUT NO MORE THAN SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE WE SHALL NOTIFY PBG IN WRITING BY CERTIFIED MAIL RETURN RECEIPT REQUESTED, OR BY COURIER VIA HAND DELIVERY AT THE ABOVE -LISTED ADDRESS, THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. WE HEREBY AGREE WITH THE DRAWERS, ENDORSERS, AND BONA FIDE HOLDERS OF ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THE CREDIT THAT SUCH DRAFTS WILL BE DULY HONORED UPON PRESENTATION TO (Name of Bank), I (THE 'BANK'), WHICH IS DULY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA IN ACCORDANCE WITH THE TERMS HEREOF. IF A DRAFT, AS DESCRIBED IN THIS LETTER OF CREDIT, IS PRESENTED PRIOR TO THE EXPIRATION DATE AND IN CONFORMITY WITH THE TERMS OF THIS LETTER OF Page 135 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations CREDIT AND UPON PRESENTATION IT IS WRONGFULLY DISHONORED BY THE BANK, THE BANK AGREES TO PAY REASONABLE ATTORNEYS FEES AND COSTS, INCLUDING FEES AND COSTS ON APPEAL, INCURRED BY THE CITY OF PALM BEACH GARDENS TO ENFORCE THIS LETTER OF CREDIT SHOULD PBG PREVAIL. DOCUMENTS MUST BE PRESENTED FOR PAYMENT TO: {Name of Bank Branch} (Address} {City, State, gip} ATTN: {Department} ALL DRAWINGS UNDER THIS LETTER OF CREDIT MUST BE ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT INSTRUMENT WHICH WILL BE RETURNED TO THE BENEFICIARY AFTER ENDORSING THE BACK OF SAME WITH THE AMOUNT OF EACH DRAWING BY US. PARTIAL DRAWINGS ARE PERMITTED. THE AMOUNT OF ANY DRAFT DRAWN UNDER THIS CREDIT MUST BE ENDORSED ON THE REVERSE OF THE ORIGINAL CREDIT. ALL DRAFTS MUST BE MARKED "DRAWN UNDER {Name of Bank} LETTER OF CREDIT NUMBER DATED 20 ." THIS CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600", AND TO THE PROVISIONS OF FLORIDA LAW. IF A CONFLICT BETWEEN THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS AND FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. IF A CONFLICT BETWEEN THE LAW OF ANOTHER STATE OR COUNTRY AND FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. VENUE FOR ANY DISPUTES RELATING TO THE ENFORCEMENT OF THIS LETTER OF CREDIT SHALL BE PALM BEACH COUNTY, FLORIDA. {Name of Bark} BY: {Name} f itle} END OF SECTION 7 Page 136 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations SECTION 8 DRAFT FORM OF AGREEMENT Below is the standard agreement format for this Invitation to Bid. This is a sample agreement only and is subject to revisions. PLEASE DO NOT COMPLETE. AGREEMENT THIS AGREEMENT is hereby made and entered into this day of . 20_, (the "effective date") by and between the City of Palm Beach Gardens, a Florida municipal corporation ("City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and , a corporation (hereafter referred to as "Contractor"), whose address is WHEREAS, the City desires to retain the services of the Contractor to provide the goods and services in accordance with the City's Invitation to Bid No. and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. , and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein, according to the terms and specifications of the referenced Invitation to Bid. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: Page 137 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations I. As to the City: City of Palm Beach Gardens 10500 North -Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Email: ii. with a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: III. As to the Contractor: Atm.: Email: b. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. C. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLES. CONTRACTTERM This term of this Agreement shall be from the effective date through ^ , 20_, unless terminated earlier in accordance with terms set forth in the ITB. (Remainder of this page is intentionally left blank.) Page 138 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. [SEAL] ATTEST: By: Patricia Snider, CIVIC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney WITNESS: By: Print Name• Page 139 CITY OF PALM BEACH GARDENS, FLORIDA By: Ronald M. Ferris, City Manager By: Print Title - END OF SECTION 8 City of Palm Beach Gardens Invitation to Bid No. ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations Rescue Stations SECTION 9 EXHIBITS 1. Attachment A, Section 09699 is provided as referenced in Section 3.7, Preparation of Surface. Please disregard the references in the Attachment to other "Sections" which are not part of this solicitation or project. 2. Exhibit A, Product Data Sheet, contains technical information on the Dur-A-Flex® Epoxy coating. Page 140 DUR-A-FLEX INNOVATION FROM THE FLOOR UP PRODUCT DATA SHEET 95 Goodwin Street East Hartford, CT 06108 Tel: 800-253-3539 • Fax: 860-528-2802 • Internet: www.dur-a-flex.com • E-Mail: contact—us@dur-a-flax.com SHOP FLOOR DESCRIPTION SHOP FLOOR Epoxy Flooring is a combination of pigmented DUR-A-GLAZE SHOP FLOOR, a 100% solids epoxy and Flintshot, a natural quartz sand. The epoxy and the quartz aggregate are fused together during application into a monolithic surface that is extremely durable, thickness ranges from 1/16"- 1/4". SHOP FLOOR Epoxy Flooring is similar in application technique, durability and chemical resistance to the time tested DUR-A-QUARTZ Epoxy Flooring. It is available in three different textures; standard non-skid, orange peel and smooth. BENEFITS • Excellent Clarity • Low Odor • Meets USDA, FDA, OSHA standards • Superior Adhesion • Superior Chemical Resistance • Easy Maintenance LIMITATIONS This product is best suited for application in temperatures between 60° F and 95' F. Substrate must be clean, sound and dry. Eroded or spalled areas must be "filled and leveled" with an epoxy grout composed of DUR-A- GLAZE #4 and aggregate. TYPICAL USES SHOP FLOOR Epoxy Flooring is designed for use wherever USDA, OSHA, FDA and EPA standards must be met. It can be applied on most sound substrates including concrete, quarry tile, brick pavers, steel decks, plywood floors, etc. It is ideally suited for heavy-duty industrial applications, particularly in areas requiring durability, easy maintenance, a high degree of sanitation, and high acid and chemical resistance. SHOP FLOOR Epoxy Flooring will protect a new concrete floor from industrial abuse and harsh chemical spillage, and it will restore deteriorated concrete into a better than new condition. Typical areas of application: • Laboratories 0 Manufacturing Areas • Traffic Aisles • Fire Stations • Machine Shops • Pharmaceutical Plants • Walk In Coolers • Mechanical Rooms • Clean Rooms • Animal Care Areas COLORS SHOP FLOOR is available in 15 standard colors. The color White is only available for use with the DUR A- GARD S/L 100 mil system. Please refer to the Standard Color Chart on our website. Custom colors are available upon request. PACKAGING SHOP FLOOR is available in I -gallon cans, 5-gallon pails, and 50-gallon drums. Flintshot quartz sand is available in 100 lb bags. SURFACE PREPARATION This product requires preparation in order to perform as expected. Substrate must be profiled, clean, sound, and dry. Substrate must be primed with DUR-A-SHIELD II, DUR-A-GLAZE WB PRIMER, or DUR-A-GLAZE TIE - COAT II. Please refer to the master Surface Preparation Guide on our website for more information. APPLICATION METHOD/SPREAD RATE SHOP FLOOR is applied with a roller, squeegee or trowel. A typical yield at 1/8" thickness is approximately 30 Sq Ft per gallon of epoxy and 3/4 lb of Flintshot aggregate per Sq Ft. See SHOP FLOOR application instruction sheet for complete instructions. GUIDE SPECIFICATIONS This product is part of the DUR-A-FLEX family of polymer systems. Please contact DUR-A-FLEX for complete three part guide specs. DRAWINGS AND DETAILS Standard CAD drawings and details are available for coves, drains, breaches, transitions, etc. JOINT GUIDELINES Refer to the Joint Guidelines for complete details on our website. -Warranties: Seller warrants that its goods, as described on the face hereof, are free from any defects in material or workmanship. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. SELLER SHALL NOT BE LIABLE FOR PROSPECTIVE PROFITS OR SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES. Seller's sole liability and buyer's exclusive remedy for breach of any warranty as expressly limited, at seller's option, to replacement at the original F.O.B. point or refund ofpurchase price, but in no event will Seller's liability exceed the total purchase price of the defective product Seller shall not be responsible for any claim resulting from failure to utilize product in the marina in which it was intended and in accordance with instruction provided for use of product. Any claim for breach of warranty shall be deemed waived unless buyer shall give seller written notice of such claim within sixty (60) days after delivery and shall allow seller reasonable opportunity to investigate claim and inspect product." INFORMATIONSHOPFLOOR TECHNICAL PropertyPhysical Hardness Shore D ASTM D-2240 75-80 Compressive Strength ASTM D-695 ASTM C-579 17,500 psi 12,500 psi Tensile Strength ASTM D-638 ASTM C-307 4,000 psi 2,600 psi Tensile Elongation ASTM D-638 7.50% Flexural Strength ASTM D-790 ASTM C-580 6,250 psi 4,500 psi Flexural Modulus of Elasticity ASTM D-790 6.2 x 105 Coefficient of Linear Expansion ASTM D-696 2 x 10-5 Bond Strength to Concrete ASTM D-4541 400 psi substrate fails Indentation ML D-3134 .025 MAX Impact Resistance ML D-3134 Pass Water Absorption ASTM D-570 0.04% Heat Resistance Limitation 140OF - 200OF Flammabili ASTM D-635 Self Extinguishing Flame S read/NFPA 101 ASTM E-84 Class B Abrasion Resistance CS17 Wheel 1000 GM Load 1000 Cycles ASTM D-4060 24 mg loss Coefficient of Friction Standard Slip -Resistant Orange Peel Smooth ASTM D-2047 0.9 0.8 0.7 VOC Content 8 * Pot life is shorter at higher temperature. Do not use below 55F° or above 957 ** Cold Cure Hardener is to be used for applications between 40PF and 55°F. MOISTURE CONCERNS Normal limits for moisture vapor transmission for epoxy floor systems are 3 lbs./1,000 sq. ft./24 hour using the calcium chloride test per ASTM F-1869 or 75% relative humidity using In -situ Relative Humidity Testing per ASTM F-2170. Please refer to the Floor Evaluation Guidelines at www.dur-a- flex.com for complete details. CHEMICAL RESISTANCE This product is resistant to many common chemicals. Please refer to the master Chemical Resistance Chart on our website for actual resistance to specific chemicals/reagents. CLEANING This product is considered to be a low maintenance flooring solution; however, certain textures and service environments require specific procedures. Please refer to the master Cleaning Guide on our website. SPECIAL PURPOSE FORMULATIONS DUR-A-GLAZE #4 "Regular" — For most typical installations under normal condition. DUR-A-GLAZE #4 "Fast" _ Use for intermediate coats in room temperature areas where fast turnaround is desired. DUR A -GLAZE #4 "Water Clear" - Ideal for top - coating quartz floors. Has excellent color retention. May be used in warm temperatures when longer pot life is required. DUR-A-GLAZE #4 "Damp Primer" - For use as a Prime Coat or a Base Coat on new concrete (28 to 120 days old) or freshly acid etched concrete, or when a surface cannot be dried thoroughly. CAUTION Follow the Hazardous Materials Identification System labeling guide for proper personal protective equipment to use when handling this product. Use only as directed. KEEP OUT OF REACH OF CHILDREN. Before using any DUR A FLEX, Inc. product, be sure the Material Safety Data Sheet is read and understood. 3n/2013083-84. Shop Floor Product Data Sheet • SECTION 09699 —WATER VAPOR REDUCTION PART 1-GENERAL 1.1 SUMMARY: A. Provide all labor, materials, tools, fabrications, reinforcement, equipment and services for water vapor reduction as specified herein and/or as shown, detailed, scheduled, implied, required or otherwise indicated to provide a complete and proper Installation. B. Related Sections - Coordinate work of this Section with work of other Sections to properly execute the work requirements and maintain satisfactory progress of work in other Sections. 1. Section 03300: Cast -In Place Concrete installation and curing requirements according toAC1302. 2. Section 09730: Seamless Epoxy Flooring 1.2 SUBMITTALS: A. General: Submit each item in this Article according to the, requirements and Conditions of the Contract In Division 1., Specification Sections. B. Product data for each type of product and process specified, which shall include: 1.. Manufacturer's Specification 2. Installation Instructions 3. Independent Test Data 4. Certification Requirements 5. Warranty Information C. Submit anhydrous calcium chloride testing according to ASTM F 1869-98, that shall be performed by the Owner's Testing Agency to the Architect, Owner, General Contractor, and Water Vapor Reduction System Manufacture's Representative_ 1.3 QUALITY ASSURANCE: A. Qualifications of Applicator 1. Employ an Applicator currently approved by the manufacturer, experienced in surface preparation and application of the material and subject to inspection and control of the manufacturer. b 2. Installer shall have no less than five (5) years experience installing the Koester water vapor reduction coating systems. B. Manufacturer's Oualification 1. Manufacturer shall have;no less than fire (5) years experience in manufacturing the same water vapor reduction'systdm. The water vapor reduction system must'be specifically formulated and marketed Internationally for water vapor reduction and alkalinity control without change of formulation or system design for a minimum period of five (6) years. 2. Manufacturer shall provide the Owner with their standard teri (10) year warranty at no additional cost Applicator of water vapor reduction system shall provide standard installation warranty for workmanship. 3. Manufacturer must provide Independent lab test reports documenting performance per the following: a. ASTM E 96, Water Vapor Transmission (dry and wet methods) Performance shall be documented by an independent testing laboratory at a minimum of 90% for Koester Vap1 2000 System, water vapor transmission reduction compared to untreated ACI Committee 201 durable concrete. b. ASTM D 1308; Insensitivity to alkaline environment up to pH 14.. c. Certify acceptance to continuous topical water exposure after final cure. 4. ' Submit list of product use and performance history, for the same formulation and system design, listing reference sources. Similar projects shall have documented minimum Initial water vapor transmission rates of 15 Ibs per 1,000 sf per 24 hrs, and have resulted in maintained water vapor reduction rate of less than 3 lbs per 1,000 sf per 24 hrs when tested to ASTM F 1869-98. 1.4 DELIVERY, STORAGE, AND HANDLING A. Deliver products to the job site in their original unopened containers, clearly labeled with the manufacturer's name and brand designation. i B. Store products in an approved ventilated dry area; protect from dampness, freezing, and direct sun light Product should not be stored in areas with temperatures in excess of 90 OF or below 50 OF. C. Handle product Ina manner that will prevent breakage of containers and damage products. 1.5 PROJECTtSITE CONDITIONS A. Environmental Conditions: 1. Do not apply moisture vapor reduction system to unprotected surfaces or when water is accumulated on the surface of the concrete. a 2. Do not apply water vapor reduction system when temperature is lower than 50° F or expected to fall below this temperature within 24 hours from time of application. 3. Allow continuous ventilation and indirect air movement at all times during application and curing process of the water vapor reduction system. B. Protection: Protect water vapor reduction system to prevent damage from active rain or topical water for a minimum period of 24 hours from time of application. 1.6 SCHEDULING A. Before installation of the receiving epoxy flooring systems over the interior concrete slabs, anhydrous calcium chloride testing shall be performed as per ASTM F 1869-98 by the Owner's Testing Agency as outlined In Article 3.1 below to determine the level of water vapor transmission In the slab and the type of moisture vapor reduction system required. B. The Owner's Testing Agency will coordinate with the Owner scheduling water vapor reduction system testing and allowing enough time to test, submit and install the water vapor reduction system before installation of floor finish. C. The Owner's Testing Agency will allow for as much time as Is reasonable for the concrete slab to dry before installing anhydrous calcium chloride tests. All mastics, glues, and/or contaminants shall be removed to provide a clean, sound, concrete substrate prior to installing anhydrous calcium chloride tests as per ASTM F 1869-98. No Exceptions! PART 2-PRODUCTS 2.1 MANUFACTURERS A. Water vapor reduction system, which maybe Incorporated In the work, shall be the product of a single manufacturer, no substitutions. Manufacturer's offering approved products such as: 1. Koester VAP 14D 2000 System by Koester American Corporation; Corporate Headquarters: (757) 425-1206. Western Regional Office: (541) 54"210 B. Terminology hereafter is based upon the products of Koester American Corporation. 2.2 MATERIALS A General: Use materials of one manufacturer throughout the project as hereinafter specified. B. Water -based primer/curing agent, 100% solids VAP 1 0 2000 coating, containing specifically formulated chemicals and resins to provide the following characteristics and properties. 1. ASTM E 96, Water Vapor Transmission (dry and wet methods) Perfon-nance shad be 0 documented by an independent testing laboratory at a minimum 90% for Koester VAP 10 2000 System water vapor transmission reduction compared to untreated ACI Committee 201 durable concrete. i 2_ Certify acceptance and exposure to continuous topical water exposure after final cure. 2.3 KOESTER VAP 102000 SYSTEM A. This one (1) coat system consists of one (1) coat of VAP 10 2000 applied to a properly prepared concrete surface. Anhydrous calcium chloride testing performed by the Owner's Testing Agency having water vapor transmission levels greater then 3 Ibs/24hrs. per 1000/sf. and less then 25 Ibs/24 hrs per 1,000/sf. (depending on Individual conditions) shall determine where this system Is utilized and the coverage rates required. The Owner shall specify a floor covering system and adhesive having the ability to withstand water vapor transmission levels up to 3 lbs/ 24 hrs per 1,000/sf. The water vapor reduction system shall be required to reduce vapor emissions by a minimum of 90% after final cure. Verify water vapor reduction by anhydrous calcium chloride testing according to ASTM F 1869-98 prior to proceeding with any floor covering Installation. 2.4 AREAS NOT REQUIRING VAPOR REDUCTION SYSTEM A. Water vapor reduction system Is not required on Interior concrete slabs schedule to receive carpet, ceramic tile and vinyl composition flooring. 2.5 MIX DESIGNS A. Use clean containers and mix thoroughly as per Manufacturers requirements to obtain a homogeneous mixture. Use a low speed motor less than 400 rpm and a two btaded Jiffy mixing blade only. DO NOT AERATE. Mix ratios are measured by volume. B. VAP 1® 2000 Mix Ratio: Mix Component A and Bat a ratio of 2.4:1. PART 3 - EXECUTION 3.1 EXAMINATION A Calcium chloride test requirements: 1. Anhydrous calcium chloride testing shall be performed by the Owner's Testing Agency in accordance with the General Conditions. 2. Provide anhydrous calcium chloride tests according ASTM F 1869 - 98 In accordance to all surface preparation methods outlined. Tests shall be Installed onto freshly abraded contaminant free concrete. No exceptions. 3. Only conduct calcium chloride tests at the same temperature and humidity expected during normal use_ If this Is not possible, then the test conditions should be 75°F +-10*F and 50+-10% relative humidity. Maintain these conditions 48 hours prior to and during tests. Water vapor transmission levels are directly affected by ambient room temperature and readings conducted without a sustained ambient temperature are NOT acceptable. 4. Owner's Testing Agency shall provide test results with a marked up floor finish plan showing test results. Owners Testing Agency shall provide a written clarification on status of the ambient air temperature and humidity before and during the testing procedures. 5. Owner's Testing Agency shall provide a marked up floor plan showing areas with vapor reduction system recommendations. B. Initial calcium chloride tests: 1. Before installation of VCT, sheet vinyl, rubber flooring, wood, carpet, and / or epoxy flooring system over Interior concrete slabs, the Owner's Testing Agency shall make known the level of water vapor transmission In the slab In accordance to ASTM F 1869-98 to all parties involved. The Owner's Testing Agency will document the test results and provide recommendations on the type of moisture vapor reduction system to be utilized. C. Floor Treatment Calclum Chloride Tests: 1. After proper cure of the final coat of the water vapor reduction system the Owner's Testing Agency shall provide calcium chloride tests to determine If the level of water vapor transmission and alkalinity are reduced to the Owners specified levels In conjunction with the flooring manufacturers installation requirements. Contact Owner and water vapor reduction system Manufacturer's Representative concerning areas with a water vapor transmission level greater than the Owner's specified levels. D. Adhesion tests: 1. The Owner's Special Inspector shall verify proper adhesion of flooring adhesives, coatings, and leveling compounds to the final vapor reduction coating system for acceptability. Contact Manufacturer's Representatives for recommendations. 3.2 PREPARATION A. Inspect all surfaces with regard to their suitability to receive moisture vapor reduction system with vapor reduction coating system by Manufacturer's Representative. B. Clean all surfaces to receive moisture vapor reduction system. Shotblast all floors and clean surfaces with Shop Vac to remove all residue off the substrate. Remove ALL defective materials, and foreign matter such as dust, adhesives, leveling compounds, paint, dirt, floor hardeners, bond breakers, oil, grease, curing agents, form release agents, efflorescence, laltance, Shotblast bee bees, etc. Repair all cracks, expansion joint, control Joints, and open surface honeycombs and fill in accordance with Manufacturers recommendations. Inform vapor reduction system manufacturer if concrete additives like chlorides or any other soluble compounds that can contaminate surfaces have been used in the concrete mix. Reinforcing fibers must be burned off, scraped and vacuumed. Remove, after shotblasting, leaving no fibers left on the concrete surfaces. Provide uncontaminated, absorbtive, sound surface. DO NOT ACID ETCH! C. Repair concrete prior to moisture vapor reduction system installation by utilizing Koester SB Bonding Emulsion with approved concrete repair materials. Comply with all requirements as listed in Manufacturer's technical data information. No exceptions. Consult with vapor reduction manufacturer. D. Make sure that surfaces to be treated with moisture vapor reduction system have NOT previously been treated with other materials like undedayments, screeds, penetrating sealants, etc. If this is the case, consult with the Manufacturers Representative prior to any application of moisture vapor reduction system. E. Only a surface substrate that REMAINS uncontaminated, absorbtive, and sound is fit to receive a water vapor reduction system. Comply with all requirements as listed in Manufacturers technical data information. No exceptions. F. Proper removal of contaminants can render surfaces too rough for certain flooring systems. Therefore shotblast a small test area and verify with the flooring applicator that the surfaces are fit to receive the specified flooring system without the application of an undedayment on top of the VAP 10 2000 System. 3.3 APPLICATION A. VAP 1®2000 System Application: 1. The coverage rates for this Single Coat system depend on the surface texture and porosity of the. substrate as well as the measured level of moisture, from Section 3.1 Examination. On average, coverage of 90 to 130 sq.ft./gal. can be expected. 2. Approximate Coverages Relative to Existing Levels of Moisture Vapor. Up to 81bs.11G00sq.ft./24hr. 130 sq.ftJgal. Up to 15 lbs./1000 sq.ft/24hr. 90 sq.ft./gal. Up to 25 Ibs.11000 sq.ft/24hr. 70 sq.ft./gal. 3. Apply one coat of VAP 1 @ 2000 at an average coverage rate of 90 to 130 sq.fL/gal. using a squeegee and or a 3/8-inch nap roller leaving NO areas untreated. Allow to cure a minimum of 12 hours before installing flooring system. (See additional application instructions in Koester technical data sheets.) 3.4 CLEANING A. Clean all tools and equipment with xylene immediately after use for the VAP 10 2000 System and water when using VAP 1 Primer for water vapor reduction. 3.5 PROTECTION A. Protect each coat during specified cure period from any kind of traffic, topical water, and contaminants. City of Palm Beach Gardens, Florida Bid Tabulation ITQ No.: 1TB2014-029FR ITQTitle: Furnish and Install Epoxy Flooring Bid Opening Date: January 17, 2014, at 3:00 P.M. Prepared by: Ka-1 R& VENDOR NAME Vendor FEIN Corporation Address (State): Are Submittal Forms Complete? Addenda Acknowledged (Yes/No): Vendor Contact (for this bid) Vendor Contact Phone Number Vendor Contact Fax Number Vendor Contact Email ITEM DESCRIPTION/LOCATIONS o Furnish and install Dur-A-Flex epoxy 1 w flooring in garage bay area only Calendar days to complete: a, 3 Furnish and install Dur-A-Flex epoxy 2 2 flooring in garage bay and restroom a O N LL areas Calendar days to complete: 3 Furnish and install Dur-A-Flex epoxy •°o flooring in garage bay and restroom a 0 areas Calendar days to complete: a c Furnish and install Dur-A-Flex_epoxy A flooring in restroom areas only. Calendar days to complete: for Fire Rescue Stations PALM BEACH GARDg Ns A anfgw place to &m. learn. work Rpky- DIAMA-SHIELD, LLC BOFAM CONSTRUCTION CO., INC. EPDXY FLOORING SOLUTIONS, INC. ALL -SITE CONSTRUCTION, INC. 05-0601595 03-0470614 Not Pt 65-114059 1200 Piedmont Drive, Troy, MI 48083 4576 Emerald Vista, Lake Worth, FL 33461 2606 Y,irkiasd Road, DMr, FL. 33527 2915 E Tamarind Ave, WPB, FL 33407 Yes Yes NO Yes Yes Yes JkSi Yes Travis Sibley Gbolaihan Austin Akinrin Step_ .Stewart w Ezra Saffold (248)228-3250 (754)245-0102 292 (561)848-1110 (248)228-3255 (305) 675-9269 -j=ig143 (561)848-1132 tsibley@diamashield.com austin@bofaminc.com a d angela@allsiteinc.net PRICE PRICE PRICE PRICE $36,857 $S8,900 $36,922 $44,307 5 10 6 14 $22,579 $34,700 $21,785 $33,342 4 106 28 $22,579 $34,700 � $27,185, $33,342 4 10 6 28 $7,892 $15,000 $10,464 $12,557 4 10 14 ' $89;907 $143,300 $1:02,956 $1-3>S4W .NOTE: This bid tabulation is an indication of prices only and not a determination of the responsive. resoonslble bidders. 1. Epoxy Flooring Solutions submitted the Pricing Schedule, but did not submit the signature page or any of the affidavits. Per Section 1.10 (b), the bid from Epoxy Flooring Solutions Is deemed non -responsive. 2. Diama-Shield has offered the City an additional 5% discount, should the bidder be awarded all locations as per Section 2.6, Method of Award. 110� PALM BEACH GARDENS A usigue place to hw, lean. work A play" City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PUBLIC NOTICE - RECOMMENDATION TO AWARD DATE: January 23, 2014 SOLICITATION NO.: ITB2014-029FR TITLE: • Furnish and Install Epoxy Flooring at Fire Rescue Stations Notice is hereby given that the City of Palm Beach Gardens has completed its evaluation of offers/proposals received for the above -mentioned solicitation. The City Manager or designee has recommended award of the contract to the following bidder/proposer: NAME OF VENDOR: DIAMA-SHIELD, LLC ESTIMATED CONTRACT VALUE: Fire Rescue Station No. 1: $36,857 Fire Rescue Station No. 3: $22,579 Fire Rescue Station No. 4: $22,579 Fire Rescue Station No. 5: $7,892 Total Contract Value: $85,412 [$89,907 - $4,495 (5% discount offered by bidder)] EIGHTY FIVE THOUSAND, FOUR HUNDRED AND TWELVE DOLLARS CONTRACT TERM: Upon Completion Per: 44 Ric, CPPO, CPPB, C.P.M., CAP -OM Purchasing and Contracts Director c: Patty Snider, CIVIC City Clerk City of Palm Beach Gardens ITB2014-029FR Furnish and Install Epoxy Flooring at Fire Rescue Stations EXHIBIT "B" PRICING SCHEDULE ITEM LOCATION } =y AMOUNT DAYS TO COMPLETE 1. Fire Rescue Station No. 1, 4425 Burns Road $36,857 5 days 2. Fire Rescue Station No. 3, 5161 Northlake Boulevard $22,579 4 days 3. Fire Rescue Station No. 4, 11264 Jog Road (Mirasol) $22,579 4 days 4. 1 Fire Rescue Station No. 5, 3913 Hood Road (Alt A1A) $7,892 4 dajs Subtotal: $89,907 Less 5% Discount: $4,495 PROJECT TOTAL: $85,412 NOTE: The City is exempt from paying sales and excise taxes. A tax-exempt certificate will be provided upon request. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 6, 2014 Resolution 16, 2014 Subject/Agenda Item: Consideration for Approval: Approving the Palm Beach Orthopaedic Institute (PBOI) Planned Unit Development (PUD) Plat. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: Council Action: DirePlanning Zonctor of Planning & g &Zoning: Project Manager A;ontant ��, [ ]Approved [ ] Approved w/ Conditions o_"l ly��7 =resha Thomas [ ] Denied Tamashbeen Rahman, Planner Fees Paid: Yes [ ] Continued to: a ie M. Crowley, AICP Funding Source: Engineering De rtment [ ] Quasi — Judicial . lative [ ] Operating [ ]Public Hearing [XI Other N/A odd Engle, PIE. Budget Acct.#: Attachments: City Attorney Advertised: [ ] Required N/A . Development Application [X] Not Required Date: N/A Paper: N/A Contract/Agreement: Effective Date: , Resolution 16, 2014 R. Max Lohman, Esq. N/A Approved By: City Manager Expiration Date: N/A Affected parties: ] Notified [X] Not Required RonaldAA. Ferri Meeting Date: March 6, 2014 Resolution 16, 2014 Page 2 of 2 SUBJECT REQUEST A request by ORCO 3, LLC to receive approval of the plat for the Palm Beach Orthopaedic Institute (PBOI) Planned Unit Development (PUD). The proposed plat is consistent with the approved site plan for the project. Staff is recommending approval. In 2013, the subject site was rezoned from Planned Unit Development (PUD) / Research and Light Industrial Park (Ml) to PUD I Professional Office (PO) via Ordinance 9, 2013 and Resolution 34, 2013. The PUD site plan approved a 38,378- square-foot medical office. rii'll 11 1 • 1� III IF 11 1111`i� li;illl� 3r r r� On October 28, 2013, the City issued Technical Compliance Approval (TCA) for the plat of the project pursuant to City Code Section 78-446(d)(2)(d). STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 16, 2014 as presented. r CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Depar..tment- CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4781. Request: OP.(anned Community Development (PGD) Annexation ptr I3-46-A)0DV� QPlanned Unit Development (PUD) Rezoning QAmendment to PCD,..PUD or Site Plan [Site Plan Review Conditional Use F-]Concurrency Certificate FlAmendment to the Comprehensive Plan Time Extension F]Administrative Approval Miscellaneous aAdministrative Appeal �tlierPlat review and approval Date Submitted: Project Name: Palm Beach Orthopaedic Institute Medical Campus PUD (frmrly. Klock PUD) Owner: Comac Burns Road, LLC Applicant (if not Owner): Palm Beach Orthopaedic Institute, P.A. Applicant's Address: 3401 PGA Boulevard, Suite 500, PBGTelephone No. 561-727-1103 Agent: Wallace Surveying Corporation, Inc. Contact Person: Robert Cajal E-Mail: rca}al@wallacesurveying.com Agent's Mailing Address: 5553 Village Boulevard, West Palm Beach,, FL 33407 Agent's Telephone Number: 561-640-4551 Number: Application $ _ Receipt Number: FOR OFFICE USE DNI_,Y Date & Time Received: Engineering $ ° t� rev 3 2013 Architect: John Glidden - Glidden, Spina and Partners Rob Rennebaum - Simmons and White Engineer: . I Brian-Cheguis - Gotleur &-Hearing Planner: Landscape Architect: Donaldson Hearing - Cotleur & Hearing Site Information: Note: Petitioners shall submit electronic digital filles, of approved* projects. See attach men t for (I etails. General Location- ' 25 miles east of the intersection of Military Trail & Burns Road. N side of Burns Rd. 4215 Burns Road, Palm Beach Gardens, FIL 33411 Address: Section: 12 Township: 42 Range: 42 52-42-42-12-100_000t 1080 Property Control Number(s). 3,01 PUD/M-1 /BRPO PUD'1PO/BRP0 Acreage: 'Current Zoning: Requested Zoning: Flood Zone 120221000TBD 2B Base Flood Elevation (BFE)planto be indicated on site plan Current Comprehensive Plan Land Use Designation:Industrial (1) Existing Land Use: Vacant Site Requested Land Use, Professional Office, (PO) Proposed Use(s) i.e. hotel, single family residence, etc.: Medical Office/ Research Campus Proposed Square Footage by Use: +-3"0" s.f. (2-sty.) Medical Office/Surgery CentertResearch Bldg Proposed. Number and Type of ffivelling Unit(s)'i.e: single family., multifamily, etc, (if applicable): N/A Justification information concerning all requests (attach additional sheets if needed.) (Sectioti 78-46, Application Procedures, Land Development Regutationsl 1. Explain the nature of the request: The applicant is seeking technical compliance approval & City approval of plot recdrdationss required by the City of Palm Beach Gardens, Flodda,in order to develop a premier Medical Office/- - Research Campus on the subject property. 2. What will be the impact of the proposed change on the surrounding area? (See Development Application used for Site Plan approval) 3. Desc-ribQ how the rezoning reqnest complies with the City's Vision Plan and the following elements of the City's Cornpreliensive Plan.— Future Land Use, Transportation, Housing,, Infrastructure, Coastal Management, Conservation,,. Recreation and Open space, Intergovernmental Coordination and Capital Improvement. (See Development Application used for Site Plan approval) 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-30 1, Land Development Regulations)? 3 (See Development Application used for Site Plan approval) 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 261, Land Development Regulations)? (See Justification Statement with Development Application. used for Site Plan approval) 6. Has project received'concui-rency certification? Yes Date received: Pending Legal Description of the SubiecLkK2RgLv (Attach additional sh&&.s ifneeded) Location The subject property is located approximately 4-25 mile(s) from the intersection of Military on tile =�bL)iortho-astl3outhIlvest side of Burns Road (street/road). Statement of Ownership and Designation of Authorized Agent Before rn(, the undersigned authority, personally appeared Peter Cowie who, being by me first duly sworn, on oath deposed and says: 4 PJ. 3. That he/she is the fee simple title owner of the property described in the attached Legal Description. That he/she is requesting; Plat Review and Approval City of Palm Beach Gardens, Florida. That he/she has appointed Wallace Surveying Corportion, Inc. as authorized agent on his/her behalf to accomplish the above project. Nagle of Ow ier: Comac Burns Road, LLC /� Peter V. Cowie, Managing Member Signature of Wrier By: Name/Title 3300 PGA Boulevard, Suite 350 Palm Beach Gardens, FL 33410 Street Address City, State. Zip Code P. O. Box 561-775-7393 Telephone Number pcowie@southernselfstorage.com City, State, Zip Code 561-775-7386 Fax Number E-mail Address Sworn and subscribed before me this v`L $ clay of tvV- Notary Public My Commission expires: '•: •e My COMMISSION # EE841107 EXPIRES October07, 2016 I4o�►�e•o�s3 5 in the to act Applicant's Certification ]/We affirm and certify that INve understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. INVE further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further, 1/we understand that this application; attachmerits, and -application filing fees become a part of the official records of the City of Palm Be Gardens, F orida, an are not returnable. Applicant -is: ignature of plica Elowner Brian Bizub, CEO PBO Print Name of Applicant ❑optionee 3401 PGA, Boulevard, Suite 500 Street Address ✓ZLessee Palm Beach Gardens, FL 33410 City, State, Zip Code ❑Agent (see agent) T{{elephone Number [--]contract Purchaser (see agent) Fax Number BrianB@pboi.com E-Mail Address 6 PROPERTY ADDRESS: 4215 Burns Road Palm Beach Gardens, FL 33410 LEGAL DESCRIPTION: The South 530 feet of the East 260 feet of the West 320 feet of the Southwest One -Quarter (SW d) of the Southeast One -Quarter (SE '4) of the Northeast One -Quarter (NE °4) of Section 12, Township 42 South, Range 42 East, Palm Beach County, Florida, less right of way for Burns Road. Palm Beach Gardens Planning and Zoning Department 10500 North Milfty Tm#, Pafm Beach Gardens, FL M10 561-79942M Permit # Financial Responsibility Form The owner understands that all City -incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an Interest -bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. - The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment Is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owneddesignee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Planning and Zoning Department If the name and/or address of the responsible party changes at anytime during t pit cation review process. OwlSIgIer Date PETER COWIE ApgM 4L,< e Owner printed name DESIGNEEIBILL TO: BRIAN BIZUB, CEO PBOI 3401 PGA BLVD., STE 500 PALM BEACH GARDENS, Fl. 33410 52-42-42-12,00-000-1080 Property Control Number NOTARY ACKNOWLEDGEMENT STATE OF kCj COUNTY OF instrument was acknowledged b ore me this� day of He rshe jspersonally now as idea ifcation. I hereby certify that the foregoing S��S� .1 203 by State of E br,'C at -large My Commission expires: LORI LEE KUYKENDALL My Comm. Expires Jot 25, 9014 Commission # 00 977407 Bonded Through National Notary Assn. 1 RESOLUTION 16, 2014 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE PALM BEACH 6 ORTHOPAEDIC INSTITUTE (PBOI) PLANNED UNIT 7 DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; 8 AND FOR OTHER PURPOSES. 9 10 11 WHEREAS, the City staff has reviewed the Palm Beach Orthopaedic Institute 12 (PBOI) Planned Unit Development (PUD) plat; and 13 14 WHEREAS, City staff has determined that the proposed plat meets all the 15 technical requirements of the City's Land Development Regulations (LDRs) and 16 Chapter 177, Florida Statutes, and recommends approval of the plat; and 17 18 WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; 19 and 20 21 WHEREAS, the City Council deems approval of this Resolution to be in the best 22 interest of the health, safety, and welfare of the residents and citizens of the City of 23 Palm Beach Gardens and the public at large. 24 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF PALM BEACH GARDENS, FLORIDA that: 28 29 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 30 31 SECTION 2. The Mayor and City Clerk are hereby directed and authorized to 32 execute the Mylar of the Palm Beach Orthopaedic Institute (PBOI) Planned Unit 33 Development (PUD) plat consisting of two (2) sheets, prepared by Wallace Surveying, 34 attached hereto as Exhibit "A." 35 36 SECTION 3. This Resolution shall become effective immediately upon adoption. 37 38 39 (The remainder of this page intentionally left blank) 40 41 42 43 44 45 46 Page 1 of 2 Resolution 16, 2014 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2014. CITY OF PALM BEACH GARDENS, FLORIDA AN ATTEST: M. Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY MM R. Max Lohman, City Attorney VOTE: MAYOR PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY Robert G. Premuroso, Mayor AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 16 2014 - PLAT - PBOl.doc Page 2of2 Resolution 16, 2014 EXHIBIT "A" PGA I (—LVD =' GARDENS J PARK BALLENISLES -~�i BURNS ROAD COUNTRY CLUB OF JDM 2 VICINITY SKETCH (NOT TO SCALE) PB-) 01 ME-1,"DICCAL CAMPUS) LYING IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA DEDICATION KNOW ALL MEN BY THESE PRESENTS that ORCO 3, LLC, a Florida limited liability company, owner ofthe land shown hereon as PBOI MEDICAL CAMPUS, being a portion of the Northeast quarter of Section 12, Township 42 South, Range 42 East, City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: LEGAL DESCRIPTION: The South 530 feet ofthe East 260 feet ofthe West 320 feet ofthe Southwest One -Quarter (SW Y) of the Southeast One -Quarter (SE Y) of the Northeast One -Quarter (NE '/.) of Section 12, Township 42 South, Range 42 East, Palm Beach County, Florida, less the South 25 feet thereafter right of way for Bums Road. Containing in all, 3.01 acres, more or less. has caused the same to be surveyed and platted as shown hereon and does hereby dedicate as follows: PARCEL "A" Parcel A", as shown hereon is hereby reserved by ORCO 3, LLC, a Florida limited liability company, its successors and assigns, for purposes consistent with the zoning regulations of the City of Palm Beach Gardens, Florida, and is the perpetual maintenance obligation of said ORCO 3, LLC, a Florida limited liability company, its successors and assigns, without recourse to City of Palm Beady Gardens. WATER AND SEWER EASEMENTS (WS.E. ". The water and sewer easements, as shown hereon, designated as W.S. E., are hereby dedicated to Seacoast Utility Authority, its successors and assigns, for installation, operation and maintenance of water and sewer facilities. Said lands encumbered by said easement being the perpetual maintenance obligation of the owner or owners ofthe fee simple interest in said lands, their successors and assigns. 5' LIMITED ACCESS EASEMENTS 1 5' L.A.E. ") The 5' LimdedAccess Easements, as shown hereon, are hereby dedicated to the City of Palm Beady Gardens, for the purposes of control andjudsdidion over access rights. Said lands encumbered by said easement being the perpetual maintenance obligation of the owner or owners of the tee simple interest in said lands, their successors and assigns. PEDESTRIAN EASEMENT The Pedestrian Easement as shown hereon is hereby dedicated to the City of Palm Beach Gardens, for use by the public for pedestrian access. Said lands encumbered by said easement being the perpetual maintenance obligation of the owner or owners of the fee simple interest in said lards, their successors and assigns. ANCHOR EASEMENT The Anchor Easement as shown hereon is hereby dedicated to the Florida Power & Light Company and the American Telephone & Telegraph Company, their successor and assigns, far the construction, installation and maintenance of guy wires and anchors. FPL EASEMENT The FPL easements, as shown hereon, are hereby dedicated to Florida Power and Light Company, its successors arid assigns, for the construction, installation, maintenance, and operation of electrical facilities. Such construction, installation, maintenance, and operation shall comply with the National Electrical Safety Code as adopted by Me Florida Public Service Commission. Said lands encumbered by said easement being the perpetual maintenance obligation of the owner or owners of the fee simple interest in said lands, their successors and assigns. IN WITNESS WHEREOF, the above -named limited liability company has caused these presents to be signed by its Managing Director this day o/ 2014. ORCO 3, LLC, a Florida limited liability company WITNESS: BY: Dr. Gary Wexler Managing Director Printed Name WITNESS: Printed Name DEDICATIONS AND RESERVATIONS ACKNOWLEDGEMENT State of Florida County o(Palm Beach BEFORE me personally appeared Or Gary Wexler, who is personally known to me, or has produced as identification, and who executed the foregoing instrument as the Managing Director of ORCO 3, LLC, a Florida limited liability company and acknowledged to and before me that he executed such instrument as such Managing Director of said company, and said instrument is the free ad and deed o1 said company. WITNESS my hand and official seal this _ day of 2014. My Commission Expires: Signature of Notary Public My Commission No.: Printed Name of Notary Public MORTGAGEE'S CONSENT State ofFlorida County o1 Palm Beach The undersigned hereby certifies that it is the holder o1 a mortgage, upon the property described hereon and does herebyjoin in and consent to the dedication ofthe land describedin said dedication by the owner thereof and agrees that its mortgage which is recorded in Official Records Book 26254 at Page 374, ofthe Public Records of Palm Beech County, Florida, shall be subordinated to the dedication shown hereon. IN WITNESS WHEREOF, the said corporation has caused these presents to be signed by its Vice President and its corporate seal to be affixed hereon by and with the authority of its Board of Directors this _ day of , 2014. First -Citizens Bank & Trust Company WITNESS: BY., Linda M. O'Connor, Vice President WITNESS: Printed Name Printed Name ACKNOWLEDGEMENT State of Flodda County of Palm Beach Before me personally appeared Linda M. O'Connor, who is personally known to me or has produced as identification and who executed the foregoing instrument as Vice President of First -Citizens Bank & Trust Company, and severally acknowledged before me that she executed such instrument as such officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free ad and deed of said corporation. WITNESS my hand and official seal this _ day of , 2014. My Commission Expires: Signature of Notary Public My Commission No.: Printed Name of Notary Public NOTARY SEAUSTAMP: 1 FIRST - CITIZENS SEAL: I NOTARY SEAUSTAMP. 1 CITY CLERK'S SEAL: SHEET 1 OF 2 REVIEWING SURVEYOR This plat has been reviewed for conformity in accordance with Chapter 177.081 (1) of the Florida Statutes and the ordinances ofthe City of Palm Beach Gardens. This review does not include the verification ofthe geometric data or the field verification ofthe permanent control points (P. C.P.'s) and monuments at lot corners. This day of , 2014. Florida License Number 6272 SURVEYOR AND MAPPERS CERTIFICATE This is to certify that the plat shown hereon is a true and correct representation of a survey made undermy responsible direction and supervision; that said survey is accurate to the best of my knowledge and belief, that Permanent Reference Monuments (P.R.M.'s) according to Sec. 177.091(9) F.S., have been placed as required by law and, further that the plat and survey data complies with all requirements of Chapter 177, Part 1, Platting, Florida Statutes, as amended, and ordinances ofthe City of Palm Beach Gardens, Florida. This day of—, 2014 Robert J. Cajal Professional Surveyor and Mapper Florida Certificate No. 6266 Wallace Surveying Corporation 5553 Village Boulevard West Palm Beach, FL 33407 Licensed Business No. 4569 TITLE CERTIFICATION We, Counselors Title Insurance Company, LLC, a title insurance company, as duly licensed in the State ofFlorida, do hereby cerh'fy that we have examined the title to the hereon described property; that we find the title to the property is vested to ORCO 3, LLC, a Florida limited liability company; that the current taxes have been paid; that all mortgages not satisfied or released of record nor otherwise terminated by law am shown hereon; and that there am encumbrances ofrecord but those encumbrances do not prohibit the creation ofthe subdivision depicted by this plat. This day of 2014. By' David C. Tasse//, President Counselors Idle Company, LLC 941 N. Highway AIA Jupiter, Florida 33477 APPROVALS City of Palm Beach Gardens County of Palm Beach, Florida. This plat is hereby approved for record this day o/ 2014. BY: ATTEST.' Robert G. Premumso, Mayor Patricia Snider, CMC City Clerk This plat is hereby accepted for record this day of 2014. BY: Todd Engle, P.E. City Engineer NOTES 1. All distances are ground and based on the U.S. survey foot. 2. Bearings shown hereon are based on the North dghtof-way line of Bums Road as shown heron, which is assumed to bear North 88'2935" West and all other bearings are relative thereto. 3. No building or any kind of construction, Imes or shrubs shall be placed on any easement without prior written consent of all easement beneficiaries and all applicable city approvals or permits required for such encroachments. 4. Notice: This plat, as recorded in its graphic form, is the official depiction of the subdivided lands described herein and will in no circumstances be supplanted in authorityby any other graphic or digital form ofthe plat. There maybe additional restrictions that are not recorded on this plat that may be found in the public records ofthis county. 5. - This instrument prepared by: Robert J. Cajal Wallace Surveying Corporation BOUNDARY PLAT FOR: 5553 Village Boulevard West Palm Beach, FL 33407 5611640-4551 PBOI MEDICAL CAMPUS REVIEWING SURVEYOR'S SEAL: SURVEYOR'S SEAL: ENGINEER'S SEAL: MHURCE 6tJR"Ey=- CORP. ,cnxm urszszz..s� �n W W'Ar FIELD: JOB No.: 05.1205.E 1 F.B. PG. OFFICE: R.C. DATE. OCT 11, 2013 DWG. No.: OS7205-4 C'K'D.: IREF.: 051205-5.DLNG SHEET: 1 OF 2 ABBREVIATIONS & SYMBOLS AT&T = AMERICAN TELEPHONE & TELEGRAPH A = ARC C.B. = CHORD BEARING CA,(L = CENTERLINE D.B. = DEED BOOK FPL = FLORIDA POWER& LIGHT L.A.E. = LIMITED ACCESS EASEMENT LB = LICENSED BUSINESS O.R.B. = OFFICIAL RECORDS BOOK P.B. = PLATBOOK PG. = PAGE P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCMENT P.R.M. = PERMANENT REFERENCE MONUMENT R = RADIUS RAN = RIGHT-OF-WAY S.U.A. = SEACOAST UTILITY AUTHORITY U.E. = UPLITYEASEMENT W S.E. = WATER & SEWER EASEMENT d = CENTRAL ANGLE --E)-- = DENOTES SET 4 x4" CONCRETE MONUMENT AND DISK STAMPED "P.R.M. WALLACE LB #4569" —�— = DENOTES FOUND 4 x4'CONCRETE MONUMENTAND DISK STAMPED -P.R.M. LB #6791" DENOTES CENTER OF SECTION CORNER ►� = DENOTES ONE -QUARTER SECTION CORNER P-B)0lME--1,1DJlC-C-AL CCAMPUSS LYING IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA PALM BEACH GARDENS MUNICIPAL COMPLEX CENTER (P.B. 113, PC. 104) 4 x4" P.R.M. 5' AT&T EASEMENT LB If6791 (O.R.B. 13482, PG. 1774) I 0.2S, 0.1'E ____N88'2935'W_ 260.00'__ _ �- -------- I , _ _ _ _ _ _ 60.00' I qq ._._._.____________________ 234. Ti; -- 5.00' 5' LAE --_ 10' UTILITY EASEMENT (O.R.B. 7836, PG. 1585) I I a I �^ I I^ W W iy J vl �N I o I yn ¢ ^ ! NOTE: PARKING AREA WITHIN PARCEL A" IS U g0 SUBJECT TO PARKING AGREEMENT WITH THE CITY OF PALM BEACH \GpYI L GARDENS PER RESOLUTION 42-13 RECORDED IN OFFICU+L REC0R05 I BOOK 26360, PAGE 740. o I � WI N i til I I � o l- uj I i O 'J o ac) PARCEL 'A' o v o n l h of I M 3'x6' ANCHOR W !A i EASEMENT 6• y jI I I n ti �1 I 90 o 3 I N88'262o 32.00'81Y a I I Try r-C/c 10' FPL— !. � NOT PLATTED (O.R.B. 8364, PC. 399) I A=38. 14'I h ^ �^ I i R=79.75' 4=24'42'S8' m C.B.=N77'25'29"W A=36.67' 00 I N01'07'28'IN C.B.=N76'04'58'W I 10.00' I I I I I - I I r i o PEDEST NT 16.68'� r�, -- EASEMENT SEE I i WS.E=� ��\ N43.26•z81Y TI �� 10' DRAINAGE EASEMENT I DETAIL i SEE I `��` 5 C/c 12' W.S.E. �N'8-226'30. S8-W (O.R.B. 1826, PG. 1353) n �y DETAIL I I t, �.J- _ et "A ^ �_,.I L., �-, i `\`\ N01'46'0TE _ 1 5' LAE. r I20.0S, r-I I / i 1861 9986' LESSED-OUT PORTION DESCRIBED o }----'111. 13•------ IN O.R.B. 8384, PG. 399 60o0o0' I o S, N882935'W 260.00' — �. n - 1382.10' - 1-N_; ' �E (B45IS OF BEARINGS) o� SOUTH LINE NORTHEAST QUARTER, - � _ _ _ (PUBUC) SECTION 12/42/42 1002.10' \\\ 4 x4" P.R.M. BURNS `CENTER OF LB 46791 ' T i N88'29'35'W SECTION 12142142 O.1 S o -SOUTH 25' NOT A PART OF THIS PLAT ////// (NOT RECOVERED, �h (POSTED AND VIEWED 1 PER o! CALCULATED POSOON) COMMISSIONERS MINUTE BOOKK 11, PC. 12) hi FAST 1CORNER SECTION 12/42/42 (NOT RECOVERED, P.B.C. PUBLISHED POSTION) BURNS ROAD COMMUNITY S w o CENTER CAMPUS I a m I WEISS SCHOOL (P.B. 104, PG. 7) OR (P.B. 104, PC. 38) 2 J N W E s 0" 40' 80' 120' SCALE., 1"=40' SHEET 2 OF 2 N88'29'35'W I I 18.00' _ C/L 12' W.S.E. 2 voi I NBB'29'35"W L�a.00' \ I \\ \ I S88'29'35'E1 o \ \ I h o W.S.E. W 3 In ol4 o N88'29'35'_W J y h I n r 12.00' w I o y`I Iz 80.22' `I 5' LAXE 32.00' i N88729'351W DETAIL "A" (SCALE. 1 "=10') BURNS ROAD I I a IW^ WR I�N le� I�ai I lo' DRAINAGE EASEMENT { (O.R.S. 1826, PG. 1353) I n rn 4 x4' P.R.M. LB #6791 0.1'S DETAIL "B" (SCALE. 1--10') 0 N N n \ 6 \ 1 \ l 1 I WI I I I ^ I o,� I mIro I 36.65' I rvURIH HO LINE OF BURNS ROAD 5' LAE� `N88"29351W BURNS ROAD CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 6, 2014 Resolution 17, 2014 Subject/Agenda Item: Consideration for Approval: Approving the PGA Plaza Planned Unit Development (PUD) Plat. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: Council Action: Planning & Zoning: Accountant [ ] Approved Director f Planning & Project Manager [ ] Approved w/ Zonin Conditions Tresh Thomas [ ] Denied Tamashbeen Rahman, Planner Fees Paid: Yes [ J Continued to: Thtarie M. Crowley, AICP Engineering epartment Funding Source: [ ] Quasi — Judicial J Legislative [ ] Public Hearing [ J Operating [X] Other N/A o d .E. Attachments: City Attorney Advertised: Budget Acct.#: . Development [ ] Required N/A Application [XI Not Required Date: N/A Contract/Agreement: . Resolution 17, 2014 - Exhibit "A": Plat R. ax ohman, Esq. Paper: N/A Effective Date. - Approved By: N/A Affected parties: City Manager [ ] Notified Expiration Date: [X] Not Required N/A Ronald . Fer s Meeting Date: March 6, 2014 Resolution 17, 2014 Page 2 of 2 SUBJECT REQUEST A request by PGA PLAZA LLC to receive approval of the plat for the PGA Plaza Planned Unit Development (PUD). The proposed plat is consistent with the approved site plan for the project. Staff is recommending approval. BACKGROUND In 2013, the subject site was approved to amend the PUD to modify architectural elements, modify the site access and parking areas, reconfigure the site landscaping, and modify tenant signage within the development via Ordinance 5, 2013 and Resolution 29, 2013. The PUD site plan was also approved to increase the square footage of the shopping center by 3,253 square feet for a total of 119,614 square feet. TECHNICAL COMPLIANCE APPROVAL On October 4, 2013, the City issued Technical Compliance Approval (TCA) for the plat of the project pursuant to City Code Section 78-446(d)(2)(d). STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 17, 2014 as presented. CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: rPlanned Community Development (PCD) I— tanned Unit Development (PUD) gAmendment to PCD, PUD or Site Plan f'IConditional Use r'JAmendment to the Comprehensive Plan rJAdministrative Approval F—;Administrative Appeal Project Name: PGA Plaza [--Annexation r Rezoning jISite Plan Review F-(Concurrency Certificate F)Time Extension (—IMiscel laneous r;Other fiat review and approval Date Submitted:� Owner: Menin Development do PGA Plaza Associates, LTD. Applicant (if notOwner): Applicant's Address:324 Royal Palm Way Ste 100 Palm WTelephoneNo. Agent Wallace Surveying Corpordon Contact Person: Robert Caial E-Mail: rcalalO-wallacesurveying.com Agent's Mailing Address:5553 Village Blvd., West Palm Beach, FL 33407 Agent's TelephoneNurnber:561-640-4551 FOR OFFICE USE ONLY Petition Number: Date & Time Received: Fees Received (Application $ Receipt Number: Engineering$ Architect: Patricia Lentini-Gentile, Glas, Holloway, O'Mahoney Engineer:Greg Bolen - Simmons and White Planner: Patricia Lentini-Gentile, Glas, Holloway, O'Mahoney LandscapeArchitechPatricia Lentini-Gentile, Glas, Holloway, U'Mahoney Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. General Location: southwest comer of the Intersection of PGA Boulevard and Prosperity Farms Rd Address: ?500, 2506-2652, 2570 & 2690 PGA Blvd., Palm Beach Gardens, FL 33410 Section: 5 Township: 42 Range: 43 PropertyControi Number(s): 52 43-+42-05-00-000-7010, 7040, 7070 Acreage: 10.84 Current Zoning: PUD RequesteclZoning: NIA 1202210002 B T13D Flood Zone Base Flood Elevation (BFE) —to be indicated on site plan Current Comprehensive Plan Land Use DesignationCommereiai Existing Land Use: Commercial Requested Land Use: Commercial Proposed Use(s) i.e. hotel, single family residence,etc,: Shopping Center Proposed SquareFootageby Use: 4,327 s.f. addition (plus survey adjustments of 1,834 s.f) ProposedNumberand Type of Dwelling Unit(s) i.e, single family, multifamily, etc. (if applicable): WA. 2 Justification Information concerning all requests (attach additional sheets if needed.) (Section 78-46, Application Procedures, Land Development Regulations.) 1. Explain the nature of the request: Please see the narrative for explanation of revisions to the plans submitted for Site Plan Approval. 2. What will be the impact of the proposed change on the surrounding area? According to the Site Plan submittal, there are no impacts to the surrounding area. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. This is not a rezoning application. 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? Per the Sile Plan submittal, this is an existing site that is developed with vegetation existing and some that will be removed or relocated pursuant to discussions with the City and provision of the code. Please see Narrative and plans submitted with Site Plan for details. 5- How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? This Is a vested site. 6. Has project received concurrency certification? Date Received I Legal Descriptionof the Subject Property (Attach additional sheets if needed) O <e attached d d for legal description. Location The subject property is locatcd approximately Q mile(s) from theintersectionof SW comer PGA Blvd/Prosperity Farms Rd. , on the north,Qeast0southl-Owest side of (street/road). 4 Statementof Ownershipand Designationof AuthorizedAgmt Before me, the undersigned authority, personally appeared Robert C. Jacoby who, being by Free first duly sworn, on oath deposed and says: That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. That lie/she is requesting Plat Review and Approval is the City of Palm Beach Gardens, Florida. 3. That he/she has appointed Robert Cajal - Wallace Surveying Corporation to act as authorized agent on his/lier behalf to accomplish the above project. Name of Owner: Menin Development c/o PGA Plaza Associates, Ltd. Signatureof Ownr�er a� Royal �i Wm W , S too StreetAddress P. O. Box Stfl1• aRa- 5rJc�o TelephoneNumber E-mail Address RobertC.Jacoby By: Name/Title "?a.k%v\"3e"Jk,FL 33460 City, State, Zip Code City, State, Zip Code 5to I - MS - 9416 Fax Number Sworn and subscribed before me this day f Notary Public My Commission expires: ►^" SUSAN D PENSKI MY COMMWION # EE161321 EXPIRES AptM 20, 2016 (4o�)�9ems1 Flona.NutwySvvim.00m Applicant's Certification I/We affirm and certify that 1/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. 1 We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, Uwe understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beac 3ardens, Florida, die not returnable. Applicant is: ng-tureof Applicant j—j Owner Robert J. Cajal Print Name of Applicant (—'1 Optionee 5553 Village Blvd. StreetAddress r� Lessee West Palm Beach, FL 33470 City, State, Zip Code r✓ Agent 561-640-4551 TelephoneNumber r, Contract Purchaser 561-640-9773 Fax Number rcajal@wailacesurveying.com E-Mail Address 6 Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail, Palm Beech Gardens, FL 33410 561-799-4230 Permit P Financial Responsibility Form The owner understands that all City -incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited In an interest -bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shalt require a completed form, signed and notarized by the responsible party, and delivered to the City Planning and Zoning Department if the name and/or address of the responsible party changes at anytime during the applic tion review process. bd rl Owner signature /¢ Date Menin Development o PGA sociates, Ltd. 52-43-42-05-00-000-7010 Owner printed name Property Control Number DESIGNEEIBILL TO: Menin Deivelopment c/o PGA/fi�ssocfales, Ltd. 324 Royal Palm Way Ste 100 Palm Beach FL 33480 Designee Acceptance Signature NOTARY ACKNOWLEDGEMENT STATE OF COUNTY OF I hereby certify that the foregoing instrurl ent was acknowle ged before me this 3bAday of %� , 20-/J by C. 90 He ej=sh&is personally known to me as identification. SUSAN D PENSKI Notary public signa ure =• MY COMMISSION 0 EE161321 EXPIRES Apd 20, 2010 Printed name State of rS) E! a-- at -large My Commission expires: .ct ?4 acf(- LEGAL DESCRIPTION: The South 400 feet of the North 450 feet of the Northeast Quarter (114) of the Southwest Quarter (1/4) of Section 5, Township 42 South, Range 43 East, Palm Beach County, Florida. LESS the Westerly 100 feet thereof; and LESS that part conveyed to the State of Florida in Official Record Book 2896, Page 579; and LESS that part contained in Stipulated Order of Taking and Final Judgment recorded in Official Record Book 6411, Page 90, both in the Public Records of Palm Beach County, Florida; and LESS that part lying East of the West right-of-way line of Prosperity Farms Road and LESS that part lying North of the Southerly right-of- way line of P.G.A. Boulevard as now laid out and in use. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: PARCEL 101 described in Special Warranty Deed recorded in Official Records Book 14094, Page 806 of the Public Records of Palm Beach County, Florida, being a portion of the Southwest one -quarter (SW 1/4) of Section 5, Township 42 South, Range 43 East, said portion being more particularly described as follows: COMMENCE at the intersection of the West line of the Northeast one -quarter (NE 1/4) of the Southwest one -quarter (SW 114) of said Section 5 with the South right-of-way line of P.G.A. Boulevard (State Road 786) according to Road Plat Book 5, Pages 186 through 190 as recorded in the Public Records of Palm Beach County, Florida; thence along said South right-of-way line also being a line parallel with and 58.00 feet South of the North line of the Southwest one -quarter (SW 114) of said Section 5, South 880 49' 26" East (bearing basis) a distance of 501.87 feet to the POINT OF BEGINNING; thence continue South 880 49' 26" East 798.90 feet; thence South 44Q 01' 18" East a distance of 42.29 feet; thence South 000 47' 03" West 12.99 feet; thence North 44" 01' 18" West, a distance of 32.34 feet to a line 20.00 feet South of and parallel with the aforementioned South right-of-way line; thence along said parallel line North 880 49' 26" West a distance of 296.88 feet; thence North 760 24' 59" West a distance of 51.20 feet to a line 9.00 feet South of and parallel with the aforementioned South right-of-way line, - thence along said parallel line North 880 49' 26" West a distance of 219.53 feet; thence North 86a 40' 23" West a distance of 239.80 feet to the POINT OF BEGINNING. Said lands situate, lying, and being in the City of Palm Beach Gardens, Palm Beach County, Florida. 1 RESOLUTION 17, 2014 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE PGA PLAZA 6 PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN 7 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 8 9 10 WHEREAS, the City staff has reviewed the PGA Plaza Planned Unit 11 Development (PUD) plat; and 12 13 WHEREAS, City staff has determined that the proposed plat meets all the 14 technical requirements of the City's Land Development Regulations (LDRs) and 15 Chapter 177, Florida Statutes, and recommends approval of the plat; and 16 17 WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; 18 and 19 20 WHEREAS, the City Council deems approval of this Resolution to be in the best 21 interest of the health, safety, and welfare of the residents and citizens of the City of 22 Palm Beach Gardens and the public at large. 23 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF PALM BEACH GARDENS, FLORIDA that: 27 28 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 29 30 SECTION 2. The Mayor and City Clerk are hereby directed and authorized to 31 execute the Mylar of the PGA Plaza Planned Unit Development (PUD) plat consisting of 32 two (2) sheets, prepared by Wallace Surveying, attached hereto as Exhibit "A." 33 34 SECTION 3. This Resolution shall become effective immediately upon adoption. 35 36 37 (The remainder of this page intentionally left blank) 38 39 40 41 42 43 44 45 46 Page 1 of 2 Resolution 17, 2014 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4g5 46 PASSED AND ADOPTED this day of , 2014, CITY OF PALM BEACH GARDENS, FLORIDA 9w ATTEST: la Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY go R. Max Lohman, City Attorney VOTE: MAYOR PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY Robert G. Premuroso, Mayor AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 17 2014 -PLAT - PGA Plaza.doc Page 2 of 2 Resolution 17, 2014 EXHIBIT "A" -(� In"dm"y Pauame � h « i . "hsts6"d`. iaa� k4 4s1W .tar Pins ad r ksARM Mo ?9r arod rM� 4 ` 11in MJ i Sgfe Cd•bLn .4 ukv csons , f>a inh�` NueeA c= a, VICINITY SKETCH N.T.S. DEDICATION KNOW ALL MEN BY THESE PRESENTS that PGA PLAZA LLC, a Delaware iimHad iabMy company, licensed to do business in Florida, owner of the land shown hereon as PGA PLAZA, being a portion ofthe Southwest quarterof Section 5, Township 42 South, Range 43 East City of Palm Beach Gardens, Palm Beath County, Florida, and being more particularly descnDed as foiows: LEGAL DESCRIPTION: A Parcel of lend lying within MaSouthwest quarter of Section 5, Township 42 South, Range 43 East Palm Beach County, Fktdds, saki parcel of land being more particularly described as Wows: BEGIN at the Northeast comer of Trod "B", according to the plat of Prosperity Oaks, as recorded in Plat Book 54, Page 27, Pudic Records of Palm Beach County, Florida, thence North OW47'03" Easf, along the East line of the Southwest quarter of said Section 5 )said East line being the Wed right-of-way, line of Prosperity Farms Road and is assumed to bear North 00"47'03" East and allother bearings are retail" thereto) a distance of 349.22 feet to a point on the South rightof--way line of P.GA. Bovievarc( being the southerly limits of a strip offend referred to as "Parcel 101"described in that deed recorded in Official Records Book 15420, Page 144Z Pudic Records of Palm Beach County, Florida; thence a" lire South right-of-way line of P.G.A. Boulevard and Southerly limits of said Parcel 101 through the Wowing five (5) courses; North 44"01'18" West a distance of 32.34 feet thence North 68"49'22" Wast a distance of 296.88 feat thence North 76'2459" West a distance of 51,20 feet thence North SW49'22" West a distance of 219.53 feet, theree North 86'40'20" West a distance of 239.80 feet to a point on the South right-of-way litre of said P. G.A. Boulevard as recorded in Road Plat Book 5, Page 186, said Pudic Records of Palen Beach County,' thence North 88'49'22" West long said South right-of-way fine, a distance of 401.84 feet,, thence departing said South dghtof-way, line, South Of "0554" West, along a Nne 100 feet Easterly of end parallel with, as measured at right angles to, the West fire oithe Northeast quarter of the Southwest quarter ofsaid Section 5, a distance of 392.00 feet to the Northwest comer of Tract "G", according to said plat of Prosperity Oaks, thence South 88"49'22" East, along the North line ofsaid plat a cstance of f 232.69 feet to the Northeast corner of said Tract"B"ard the POINT OF BEGINNING. Containing in ail 10.844 acres, mom "less. has caused the some to be surveyed andplatted as shown hereon and do hereby dedicate and reserve as follows., PARCEL A Parcel A, as shown hereon Is hereby reserved by PGA PLAZA LLC, a Delaware limited liability company, licensed to do business in Fonda, its successors and assigns, for purposes consistent with ire zoning regulations of the City of Palm Beach Gardens, Floida, and is tfre perpetualmaintenance obligation of said PGA PL47A LLC, a Delaware limited fiadliy company, licensed to do business In Florida, its successors and assigns, without recourse to City of Palm Beach Gardens. SEWER EASEMENT PS.E.". The sewer easement with landscape encroachments as set forth in Resolution 20, 2013 of the City of Palm Beach Gardens, Florida, as amender/ and as depicted hereon, designated as S. E, is hereby dedcated lo the Seacoast Utility Authority, is successors and assigns, for the installation, operation, and maintenance of sewer facilities. Any mHsion or relocation ofthe subjectlandscape encroachments shall require the mutual written approve/ of both the City of Palm Beech Gardens and tar Seacoast UfiltlyAuthority. Seidlerds encumbered by said easement being the perpetual maintenance obligation of the owner or owners in"simple interest In said lads, tray successor aidesslgns, without recourse to the City of Pain Beach Gardens.' The water and sewer easements, as drown hereon, designated as W.S.E., are hereby dedicated to Seacoast UlklyAuhoft its successors ad essfghs, for kutaftafion, operation end makdormw ce of waterad—fadl'tles. Sadiands encumbered by said aware" beig the papatinatmeitahsnce oblgwMn ofthe Ownerorowsiers tithe fee sleple trained In said ,thou succesrom ad watt ns. FPL EASEMENTS The FPL easements, as shown hereon, ore hereby dedicated to Fbddv Power and Light Company, is successors and assigns, for the construaton, installation, mavifernaece, ad operation of electrical NaTdies. Such construction , installationmaintenance and operation shall comply wile the National Electrical Safety Code as adopted by Me Florida Public Service Commission. Said lands encumbered by said essementbepg the parpehral maotenace obigsifar d fire owner orowner's offhe fee simple interest in said fads, their successorsand assigns. PGA PLAZA LYING IN SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA IN WITNESS WHEREOF, Ore above -named ifmied 11"iity company has caused these presards to be s4riedby its President this day of 2014. PGA PLAZA LLC, a Delaware limited liability company WITNESS: BY., Craig 1. Martin, President Printed Name MTNESS: Printed Name DEDICATIONS AND RESERVATIONS ACKNOWLEDGEMENT State ofFkrrids County ofPahm Beach BEFORE me personally appeared Craig 1.Menlo. who is personally lawwn to me, orhas produced as fdarittlice8on, and who executed the foregoing instrument as Pmaldant of PGA PLAZA LLC, a Doeware hindedfiabifty company, and ecWrowiedged to and before me that he executed such instrument as such o81cer of sold imiied imbility company, and that said Instrument is the free act and deed of said limited liability company. WITNESS my hand and official seal this _ day of . 2014. My Commission Expires: Signature of Notary Pudic My Commission No.: Ported Name of Notary Pudic MORTGAGEE'S CONSENT state of — County Of The undersigned hereby certifies that it is the holder of a mortgage, upon the property described hereon and does hereby join in and consento the dedwtion of the land described in saiddadhcetiorl byte owner thereof and agrees that its mortgage which is recorded in Official Records Book 26475 at Page 1293, of the Public Records of Paim Beech County, Florida, shaft be subordinated to the dedication shown hereon. IN WETNESS WHEREOF, the sold company has caused these presents to be soledby is with the euthorbabon ofsaid company this _ day of 20f4. CirFINANCE LLC, a Delaware imied fiablity company and a subsidiary ofCIT Bantu MTNESS: BY., Printed Name Prated Name, Idle MTNESS: ACKNOWLEDGEMENT stare at Counlyat Before me personaly appeared who is perooneiykrwwn to me orhas produced as ideriorcistion ad who exacted the foregokng bubu ned as of aT FINANCE LLC, a Delaware imited iatift company ado subsidiary ofC1T Bav* and severely edaawladgeo beora me teat h elshe executed such instrument as such olffcer ofsaid company, ad that saidinsbusnent Is the has ad and deed of add company. WETNESS my had and of cla! seal this _ lay at2014. My commission Expires. Sigraue of Notary Public My Commission Na: Printed Name of Notary Purbfic SHEET 1 OF 2 REWEIMNG SURVEYOR This plat has been reviewed for contamftyln accordance with Chapter 177.081(1) of ire Florida Statutes and the ordinances of the City ol'Paln Beach Gardens. This review does not include the verification of the geometric data or the too wrilica6on dthe permanent corrtof points (P.C.P.'s) and monuments at lot comers. This day of_ 2014. Ramie L Fumms, PSM Florida License Number 6272 This Is to cedi/y, that the plat shown hereon is a hue and correct representation of a survey made under my responsible direction and supervision, that saidsurwy Is accurate to the beat of my faimledge and belief, that Penmament Reference Monuments (P.R.M.'s) according to Sea 177.091(9) F.S., hew been placed as required by law anol fudtw that the plat and sunray data complies with all requirements of Chapter 177, Florida Statutes, as amendect and ordinances of the City of Palm Beach Gardens, Florida. This day of 2014. Robed J. Cajat Professional Suxveyorard Mapper Fl dda Cedifeate No. 6266 Wallow Surveying Corporation 55M Villege Boulevard West Patin Beach, FL 33407 Licensed Business No. 4569 TITLE CERTIFICATION 1, Peter S. Halton, a duly Fo m;edatomey In fhe State of Florida, de hereby cortiti, that I have examined the We to the hereon described property, that f find the tits to the property is vested to PGA PLAZA LLC, a Delaware limited iabirdy c»mpany; that the current taxes have been paict and that all mortgages not satisfied or released ofmcadnor otherwise terminated by law are shown hereon. This day of 2014. By: Peter S. Holton , Esquire Florida Bat No. 0309818 APPROVALS City of Palm Beach Gardens County of Palm Beach, Flonds Thisplatk herebyapprovedforrecordtis dayof 2014. BY.' ATTEST.' Robed G. Pmmmoeo, Maya' Pebfate &&der, CMC Coy Cork This plat is hereby accepted for record this day of 2014. 8Y.' Todd Erhpls, P.E City Err NOTES 1. AI dshmoes are Wound and based on the U.S. survey toot Z Bearings shown hereon are basedon V* Eaat dire ofthe Southwest quaterof Socilon Sr&W43 (also being the Met rtghP awylire o(PlaspertyFamm Ra" ~ is assumed o bearNate 00"47Or Esst ad al other bearings are relative thereto. 3. No buik3Yg or any kind of construction, bees orshahs shall be placed on any easement without prior written consent oral easement berhaldades and all appliucable sty approvals or pemrits required for such encroechme is. 4. Notice: This pfet as recorded o its graphic ohm, is the official depiction of the subdvided lards described herein and will in nro circumstances be supplantedin authority by any other graphic or dgita/krm ofthe plat, whether graphic ordgital. There maybe addtonal tesbotmns that ate not recorded on this plat that maybe foal in fire public records of this county. 5. All retarded Information shown hereon refers to the Public Records of Palm Beach County unless rated otherwise. 6. This Instrument t prep redby. Robert J. Cafal Wallace h Boulevard°°� 5BOUNDARY PLAT FOR: West Pain Beach, FL 3UO7 56f,S40-4551 S I SURVEYOR'S SFsSEAL:PGA PLAZA LLC ENGINEERS SEAL . I WRLLRCE mwym ABBREVIATIONS AND SYMBOLS I.-0— -Denotes Set Permanent Reference 15. A =Central Angle PGA PLAZA N isk Stamped MMonumentswith dS 18. R =Radius 'P.R.M WALLACELACE LB LBg4569' 17. C.B. =Chord Beanng 2. t Denotes Found Concrete Monument (as noted) 16 O.R.B. =O/ficial Records Back W E 3 -0- =Denotes Set Meg Nail with Disk Stamped 19. R.P.B. 21.. =Road Plat Book =Lake Maintenance Easement LYING IN SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST P.R.M. WALLACE LBt74589' S 21. S. UA U.A =Seacoast Utility Authority 4. ¢ =Centerline 2.P.O.C. 23. P.O.B. -Paint o/Commencement =Pointo/Beginning CITY OF PALM BEACH GARDENS PALM BEACH COUNTY FLORIDA 5. RhV =Right of Way 24. P.B.C. -Palm Beech County S 6. P.B. =Plat Book 25. FND. -Found. 0' 50' 100, 150' 7. PG.(S) Ieges 26. ESMT •Easement 8. SEC. =Section 27. WVy •Westerty 9. TWP. =Township 28. N •Northing SCALE: 1 -50' 10. RGE =Range 29. E 3. S =Fasting =Survey 11. U.E. =lttility Easement 31. (D) =Deed 12 D.E -Drainage Easement 32 (C) =Calculated 13. D.B. -Deed Book 33. (PSCR) =Palm Beach County public Records 14.A =Am Length 34.5E X W.SE. =Sewer Easement =Water end Sewer Easement SHEET 2 OF 2 36. FPL =Fkeids Fo~end Light 37.0/S =OHaet -i - - - - - i I o r-8' CONVEYED IN O.R.B. 2896, PG. 579 I� i O N N W � wl" �ti a S m vi no Cq I .I �o c 4! o to I V I v z O 4m O I I--- 1 2'C2" CONCRETE MONUMENT FOUND, 1.3708 . 0.3N. — — J — j--N88'49'22"W— — 12' P.B.C. UnLInEs COMPANY EASEMENT R. 2639, PG. 125 &127) Io'XI7' s.UA EASEMENT .; .,I ? (O.R.B. 6137, PG. 1811), I 12'XI2' S.UA EASEMENT o o (O.R.B. 9986, PG. 1085' o 1 v ���10- FPL EASEMENT y O.R.B. 3593, PG. 1890) r08.00_ :..j.�WSE..:_ WS.E EASEMENT DEDICATED BY THIS PLAT w Li o .I� Ap ko' ." II I I I / .' yF 5 N44'01 2O'W ., 4.41' -. N00.58'40'E I 1J II / 589'08'03'W !Cti 24.69� 10' F.P.L. & SOUTHERN BELL U.E (O.R.B. 2445, PG. 579) -NW CORNER TRACT G (PARKING ACCESS TRACT) (P,B. 54, PG. 27) TRACT G PROSPERf1Y OAKS (PARKING ACCESS TRACT) (P.O. 54, PG. 27) N86'40 20eW N88749 22"W 239.80' 219.53' o j0.9o• 1-11 O 1.0' D/S DETAIL C" (Nor To SCALE) f - Uo a � ro N 12' (O.R.B. -10' `- SOUTH R/W P.GA BLVD. (R.P.B. 5, PC. 186) 401.84'— -- _ 12' SE EASEMENT OEDICATED BY THIS PLAT SEE DETAIL "A" do B" - FOR ADDITIONAL EASEMENT 77ES EASEMENT PG. 1463) p' � 12' X 16' FPL EASEMENT to' P.B.C, UTILITIES COMPAf4Y EASEMENT LR.B. -2620, PG. 237) (PUBLIC R/W) PARCEL 101 AS REFERENCED IN CENTER OF SECTION 5142143 _ _ P.G.A. BOULEVARD (O.R.B. 15426, PG. 1442) ORDER OF TAKING _ _ _ NOT A PART OF THIS PLAT (O.R.B. 6411, PG. 5 NORTH LINE N.E QUARTER, S.W. QUARTER SECTION 5/42/43 s88'4922E _ - - - N76'24'59"W T— SEE DETAIL C' 51.20' I "40'20 W——239.80 N88'49'22"W 219.53'- — - - — —` — --- — N44'01'18"W 1I1 ZZZZ'z1JJ �,1��1 Z'ZZs+ Jl-------- N88'49'22-W------- 296.88' I� \ _ 32.34 57.09' NA4'12.�• N89'12'26'W trj, "> 12' S.E.SEMENT 239 ¢S.E.?Y DEDICATED BY THIS PLAT L �Y S.UA EASEMENT __] 12' S.E. EASEMENT 59.14' (O.R.B. 14124, PG. 1464) DEDICATED BY THIS PLAT I r SBW54.06 E W.S.E. EASEMENT 10.00' DEDICATED BY THIS PLAT RELEASED (O.R.B. 12879, PG. 532) !wig 10' P.B.C. U77LI77ES COMPANY EASEMENT (O.R.B 2820, PG 237) 48237' h Voi - -- = -- - --- ---- --,-- -31447 - - N88'49'22iY — — — — T I 25' S.UA EASEMENT- (O.R.B. 4791, PG. 1463) T� ro IQ n cc a ^ N In PARCEL "A" cc � (10.844f ACRES) or2 L \� I 22d I- a 10' X 22'9 LVtg 3 7ccI—� FPL EASEMENT a �y ,•. IW ^ m V) L Oy OV=i la' y8� FPL EASEMENT 10' X 53' 12`X35' S.VA EASEMENT ~ s,0, N834.00v__ .� f0.0/FPL EASEMENT (O.R.B. 7322, PG. 181) I 3 5p1.10 Og'Y1 ,O� �lT5ID 12' W.S.E. EASEMENT 10' P.B.C. UTILITIES -gypANY EASEMENT 0- �.L v DEDICATED BY THIS PLAT r .1 1 9d (O.R.of S. 2820, PG. 237) -----r ----- S88'49'22"E ---- --- ----- -------------- - t �.�� ao'--------- S7so' PUBLIC U.E. I "46_?7, .•.1� c (P.S. 54, PC. 27) I ti yp'` r �-T TRR44CT8 PROSPER" ' o j NKS o i (PARKING ACCESS TRACT) a i i (P.B. 54. PG. 27) ' S.UA EASEMENT i I (O.R.B. 9986, O ;o' �$ .� p r I I �� EXISTING \ N 'v $c a `row ooD1, to i 0; 1V TRANSFORMER\ a Uf w A .i''o. Nc,� ; i' y PAD voi p'` try. '$� \ i FPL EASEMENT y/ (O.R.B. 90) I{ _ 52 9 k__ 1- _ 108.00_ r 1 i ; Pc. 1890) i jy 12'FPL I ; 12' S.UA C S.UA h � � EASEMENT EASEMENT EASEMENT r i W I (O.R.B. 4791, (O.R.S. 6137. �°p• + p I PC. 1463) PG. 18/1) loo 'ooN I DETAIL A" 1t N. LINE PROSPERITY OAKS 70r U17.B. 54 �� (P.B. 54, PG. 27) 10' F.P.L.& I (P.B. 54, PG. 27 SOUTHERN BELL U.E P.O. 81 11 ---------------------- (O.R.S. 2445, PG. 579) NORTHEAST CORNER - TRACT "B" - a �y:1 PROSPERITY OAKS (P.B. 54, PG. 27) N88'46581W g -- -- I2.00' nT----- .--1------�-------------------� -.T --------------------- ----- I 302 1 - . ... 1 N88'4658' W 135.88, I �. 931 .W,S.....: . BOUNDARY PLA 1 ..>j .-_.r_-�•, SSr4658`ErW 151.17' ."----- o i 1 PGA PLAZA Ln 1 DETAL -B- WRLLACE - I (SCALE 1'=20') CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 6, 2014 Resolution 18, 2014 Subject/Agenda Item: Addendum II to Agreement for Use of Facilities between the City of Palm Beach Gardens and the Big Heart Brigade, Inc. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: Council Action: City Attorney City Attorney $ N/A (Total) [ ] Approved DV R. ax hman, Esq. City Attorney $ N/A Current FY [ ] Approved w/ Conditions R. Klax L man, Esq. [ ] Denied Finance A . istrator FundingSource: [ ]Continued to: Advertised: N/A ate: [ ] Operating Attachments: Allan Owens Paper: [x ] Other Resolution 18, 2014 - Exhibit "A": Agreement for Use [ x ] Not Required of Facilities - Exhibit "B": Addendum I to Agreement for Use of Facilities - Exhibit "C": Submitted by: Addendum II to Agreement for Use Departme t Dir ct of Facilities i Max 6hman, Esq. City Attorney Affected parties [ ] Notified Budget Acct.#: N/A Approved by: City Manager [ x ] Not required Ronal IM. ?rris Meeting Date: March 6, 2014 Resolution 18, 2014 Page 2 of 2 BACKGROUND: The Big Heart Brigade (BHB), a registered 501 (c)3 organization, was formed in 1992 in Martin County by Tom DeRita and Charlie DiToro. The original mission of the organization was to serve meals to the less fortunate. In 1997, with the approval of the City Manager and Council, the BHB expanded to Palm Beach Gardens and began providing meals to the community at Thanksgiving from Fire Station 1. In 1999, the event was relocated to Fire Station 3 due to growth of the event and the availability of vacant land located behind the station. Since its inception, the event has grown from producing approximately 300 meals to the proposed 100,000 meals for the 2014 event. The BHB is a volunteer organization with no paid staff, returning 100% of all proceeds raised going to the community through events sponsored by the BHB. On November 3, 2011, City Council approved an Agreement for Use of Facilities for a one- (1) year term with the option of renewing or extending with the mutual consent of the parties. On November 1, 2012, the term of the Agreement for was extended two (2) years from the effective date through the approval of Addendum I. Both parties wish to extend the term of the Agreement to December 31, 2014, at which time it shall automatically terminate; In consideration of the benefit to the City and the charitable purposes of the Big Heart Brigade, staff recommends approval of Addendum II to the Agreement for the Use of Facilities with the Big Heart Brigade. STAFF RECOMMENDATION: Staff recommends approval of Resolution 18, 2014 as presented. 1 RESOLUTION 18, 2014 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING ADDENDUM II TO THE 6 AGREEMENT WITH THE BIG HEART BRIGADE, INC. FOR USE OF 7 FACILITIES AND IN -KIND SUPPORT SERVICES IN ORDER TO 8 ASSIST IN THE PRODUCTION OF THE THANKSGIVING FEAST 9 EVENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 10 PURPOSES. 11 12 13 WHEREAS, the Thanksgiving Feast is a six- (6) day event that will draw 14 approximately 5,000 volunteers and have an impact to the City and Palm Beach County 15 by providing meals to the less fortunate; and 16 17 WHEREAS, the Thanksgiving Feast benefits local charities, residents, and other 18 non -profits by receiving donated meals; and 19 20 WHEREAS, in light of the significant impact to the City and contribution to local 21 charities receiving meals from the Thanksgiving Feast, and in consideration of services 22 provided by The Big Heart Brigade, Inc. (BHB) to the City, the City wishes to continue to 23 donate in -kind services to the BHB to assist in the production of the Thanksgiving Feast; 24 and 25 26 WHEREAS, City staff has concluded that the City will be able to provide such in- 27 kind services prior to and during the Thanksgiving Feast without disrupting or otherwise 28 impairing the City's ability to serve its residents; and 29 30 WHEREAS, on November 3, 2011, the City Council approved the Agreement for 31 Use of Facilities with BHB for use of facilities and in -kind support services in 32 implementing the Thanksgiving Feast Event (a copy of which is attached hereto as 33 . Exhibit "A") for one (1) year from the effective date of November 3, 2011, with an option 34 to renew or extend by mutual written agreement of the parties; and 35 36 WHEREAS, on November 1, 2012, the City Council approved Addendum I to the 37 Agreement for Use of Facilities with the BHB (a copy of which is attached hereto as 38 Exhibit "B") to extend the Agreement for a period of two (2) years; and 39 40 WHEREAS, the term of the Agreement by and between the City and the BHB is 41 hereby extended to December 31, 2014, at which time it shall automatically terminate; 42 and 43 44 WHEREAS, Addendum II to the Agreement for Use of Facilities has been 45 prepared and is attached hereto as Exhibit "C"; and 46 Page 1 of 3 Resolution 18, 2014 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council deems approval of this Resolution to be in the best interest of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves Addendum 11 to the Use of Facilities Agreement and the provision of in -kind services between the City of Palm Beach Gardens and The Big Heart Brigade and hereby delegates authority to the City Manager to execute said Addendum 11, which is attached hereto as Exhibit "C", and to approve and execute any future amendments, renewals, extensions, and/or to terminate the Agreement. I I I I I I I I I I I I III Jill', 1111 1� ! 1 1 •I• MyTUP 0 .spa10 A (The remainder of this page intentionally left blank) Page 2 of 3 Resolution 18, 2014 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2014. ATTEST: My Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney VOTE: ►lMAWS] C w SMA a 1/ 01 C• • VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY CITY OF PALM BEACH GARDENS, FLORIDA in Robert G. Premuroso, Mayor AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 18 2014 - addendum II - facilities use agmt for bhb.docx Page 3 of 3 Resolution 18, 2014 EXHIBIT "A" AGREEMENT FOR USE OF FACILITIES THIS AGREEMENT is made and entered into this 3.,4 day of November, 2011, by and between the City of Palm Beach Gardens, Florida, a Florida municipal corporation ("City"), with offices located at 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and The Big Heart Brigade, Inc., a Florida not -for -profit corporation ("BHB"), having offices located at 5770 Whirlaway Road, Palm Beach Gardens, Florida 33418. WITNESSETH: WHEREAS, the City owns and operates a Fire Station located at 5161 Northlake Boulevard, Palm Beach Gardens, Florida ("Facility"); and WHEREAS, the City agrees to allow the BHB to utilize the Facility for logistics, preparation, and distribution of Thanksgiving meals in connection with the BHB Thanksgiving Meal Drive ("Thanksgiving Feast") in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the City and the BHB hereby agree as follows: 1. Introduction and Scope. The City and BHB both hereby agree to enter into this Agreement for the purpose permitting the non-exclusive use of the Facility by the BHB for the year-round storage of equipment and materials owned by the BHB and the non-exclusive use of the Facility for logistics, preparation, and distribution of meals in connection with the BHB's annual Thanksgiving Feast. 2. Use of Facility. The BHB's use of the Facility shall be subject to the following conditions: A. The BHB shall comply with all applicable federal, state, county, and City statutes, ordinances, rules, orders, regulations, and requirements applicable to its use of the Facility. The BHB shall not engage in the sale of any goods or materials, with the exception of on -site t-shirt sales so long as such sales do not interfere with the City's customary use and operation of the Facility. B. The BHB shall provide its own furnishings and equipment for preparation of the Thanksgiving Feast and shall provide for daily maintenance and interior custodial cleaning of the Facility from October 15th through December 15t of each year of this Page 1 of 6 Agreement. The BHB shall pay, at its own expense, all charges incurred in connection with its use of the Facility for the Thanksgiving Feast, including, but not limited to, garbage pick-up and pest control service. C. The BHB shall not discriminate against any person on the basis of race, color, religion, gender, or national origin in its use of the Facility. D. The BHB shall not make any structural changes or improvements to the Facility without prior written consent of the City Manager or designee. Any structural changes or improvements approved by the City Manager or designee shall remain part of the Facility upon termination of this Agreement. E. The BHB's use of the Facility shall in no way interfere with the use of the Facility by members of City fire -rescue personnel, City staff, or the general public. Nor shall BHB's use of the Facility interfere, in any manner whatsoever, with the City's use of the Facility for daily fire -rescue operations, the City's on -site employee health clinic, or any other customary use. The City hereby retains the right to enter the Facility at any time for the purpose of building maintenance and/or inspection. F. Upon execution of this Agreement, the BHB shall provide a copy of its current articles of incorporation, by-laws, and certificate of non-profit status to the City's Community Services Administrator. The BHB agrees to provide the Community Services Administrator with any amendments to the subject documents within fourteen (14) days of such amendments becoming effective. 3. Term of Agreement and Termination. This Agreement shall be for a term of one (1) year from the Effective Date and may be renewed or extended by mutual written agreement of the parties. Either party may terminate this Agreement, for any or no reason, by giving thirty (30) days' written notice to the other party in accordance with paragraph 8 hereinbelow. Upon termination by either party, the BHB shall immediately remove all of its equipment and materials from the Facility and shall surrender the Facility, to the City in the same or better condition as it was on the Effective Date of this Agreement: 4. Payment to the City. In consideration for the use of the Facility, the BHB shall, throughout the term of this Agreement and any renewals or extensions thereto, provide the after -tournament meal, in sufficient quantity to feed all of the participants and volunteers for the City of Palm Beach Gardens' Mayor's Annual Veterans Day Golf Tournament, at no cost to the City. Additionally, the BHB shall provide all of its cooking equipment and grills for the City's exclusive use for the duration of any declared state of emergency and/or natural or man-made disaster immediately upon the City's request for the use of same. Page 2 of 6 5. Indemnification. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the BHBs use of the Facility or its performance under the terms of this Agreement, the BHB hereby agrees to indemnity, save, and hold harmless the City, its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever, including the payment of reasonable attorney's fees. Nothing contained herein shall constitute a waiver of sovereign immunity by the City or an agreement by the City to indemnify the BHB in any manner whatsoever. 6. Prohibition Against Liens or Other Encumbrances. The BHB shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against any real property or personal property owned or possessed by the City. 7. Insurance. During the term of this Agreement, and any renewals or extensions thereto, the BHB shall maintain Commercial General Liability and Property Damage policies of insurance in amounts of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) general aggregate with respect to its use of the Facility. The City shall be named as an "additional insured" on all policies relating to this Agreement and shall be provided with a standard form of certificate of insurance within ten (10) days of the Effective Date of this Agreement. Such certificate shall provide that the City shall be notified at least thirty (30) days prior to any cancellation or change in coverage. 8. Miscellaneous Provisions. A. Notice. All notices or other communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered, or mailed by certificated mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens Attn: City Manager 10500 North Military Trail Palm Beach Gardens, Florida 33410 With a copy to: City of Palm Beach Gardens Attn: City Attomey 10500 North Military Trail Palm Beach Gardens, Florida 333410 As to the BHB: The Big Heart Brigade, Inc. Attn: Bill Tumulty, Vice President 5770 Whirlaway Road Palm Beach Gardens, FL 33418 B. Attorrigy's Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs, and all expenses, even if not taxable as court costs (including, without limitation, all such fees, costs, and expenses incidental to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. D. Assignment. This Agreement may not be assigned without the prior written consent of both parties to this Agreement. E. SeverabilLty. If any term, covenant, condition, or provision of this Agreement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. F. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to any contrary conflict of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue and its right to trial by jury, G. Headings. The headings contained in this Agreement are for convenience and reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. H. Effective Date. The effective date of this Agreement shall be as of the date first above written. I. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. J. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. (The remainder of this page intentionally left blank) IN WITNESS WHEREOF, the parties have executed this Agreement on the dates first above written. CITY OF PALM BEACH GARDENS, FLORIDA -- By: lS� David Lev ayor c + ATTW . - atricia Snider, WC, City Clerk APPROVED AS TO FORM LEGAL SUFFICIENCY i KIWAM V WITNESS: By By , City Attorney G:\attorney shareWGREEMENTSWGREEMENT FOR USE OF FACILITIES-BHB.doa Page 6 of 6 Resolution 18, 2014 1*.4i11-31a-_i 410 PAim BEACH GARDENS 'A unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR USE OF FACILITIES THIS ADDENDUM I to the Agreement by and between the City of Palm Beach Gardens (City), a municipal corporation, whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and The Big Heart Brigade, Inc., a Florida not -for - profit corporation ("BHB"), whose address is 5770 Whirlaway Road, Palm Beach Gardens, Florida 33418, is hereby entered into this _1-"-r day of novewA>erc r' 2012. WHEREAS, on November 3, 2011, the City entered into an Agreement for Use of Facilities with the BHB for the use of the Fire Station for logistics, preparation, and distribution of Thanksgiving meals in connection with the BHB Thanksgiving Meal Drive (the "Agreement"),; and WHEREAS, the City and the BHB hereby desire to renew the term of the Agreement for an additional two- (2) years term commencing November 1, 2012, and ending October 31, 2014, on such terms and conditions as provided herein below. NOW, THEREFORE, the City and the BHB mutually agree as follows: 1. The Agreement by and between the City and the BHB is hereby renewed for the period November 1, 2012, through October 31, 2014. 2. To the extent not specifically amended herein, all other provisions of the Agreement dated November 3, 2011, shall remain in full force and effect. Page 11 of 2 First Addendum to Agreement For Use of Facilities IN WITNESS WHEREOF, the City and the BHB executed this Agreement as of the day and year first above written. CITY OF PALM BEACH GARDENS, FLORIDA By: 04>1- David Le , Mayor ATTEST: By: �.. Patricia Snider, CMC, City Clerk APPROVED AS TO FOR,, ND LEGAL SUFFICIENCY y' ,mil R. M,ai Vohman, City Attorney TH WITNESSES: FA NI11 M,12i - N ♦ �. G:\attorney_share\AGREEMENTS\addendum I - big heart brigade - use of facilities.doc Page 12 of 2 Resolution 18, 2014 EXHIBIT "C" 44e PALM BEACH GARDENS `A unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM II TO AGREEMENT FOR USE OF FACILITIES THIS ADDENDUM II to the Agreement by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and The Big Heart Brigade, Inc., a Florida not -for -profit corporation (hereinafter referred to as "BHB"), having offices located at 5770 Whirlaway Road, Palm Beach Gardens, Florida 33418 is hereby made and entered into this day of , 2014 (the "effective date"). WHEREAS, on November 3, 2011, the City entered into an Agreement with the BHB for the Use of Facilities for the use of Fire Station No. 3 for logistics, preparation, and distribution of Thanksgiving meals in connection with the BHB Thanksgiving Meal Drive (the "Agreement"); and WHEREAS, on November 1, 2012, the term of the Agreement was extended to October 31, 2014, by the City and the BHB by that certain Addendum I; and WHEREAS, the City and the BHB hereby desire to extend the term of the Agreement to November 30, 2014, on such terms and conditions as provided herein below; and WHEREAS, in accordance with Paragraph 3 of the Agreement, the City and the BHB may extend or renew the Agreement by mutual written consent. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the City and the BHB hereby agree as follows: 1. The term of the Agreement by and between the City and the BHB is hereby extended to December 31, 2014, at which time it shall automatically terminate. 2. In accordance with Resolution 18, 2014, authority is hereby delegated to the City Manager to approve and execute any future amendments, renewals, extensions, and/or to terminate the Agreement. 3. To the extent not specifically amended herein, all other provisions of the Agreement and any amendments thereto shall remain in full force and effect. Page 11 of 2 Addendum II Use of Facilities Agreement The Big Heart Brigade IN WITNESS WHEREOF, the parties have executed this Addendum II to the Agreement as of the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA in ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM LEGAL SUFFICIENCY Max Vohrfian, City Attorney Ronald M. Ferris, City Manager THE BIG HEART BRIGADE, INC. B� Newt Bergel, President WITNESSES: By: --- Print Name: By: Print Name: G:\attorney_share\AGREEMENTS\Addendum II to Use of Facilities Agreement -Big Heart Brigade-2014-alternate-cm sign.docx Page 12 of 2 r%'WITT OF CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 6, 2014 Resolution 19, 2014 Subject/Agenda Item: Consideration for Approval: Opposing the Proposed State Road 710 (Beeli Highway) Urban Interchange at the Intersection of Northlake Boulevard and State Ro 710. 1 [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: Council Action: Direct�r of Planning & z 'r Planning & Zoning: Direct 9t of Planning & Z7P Accountant NA Approved Approved w/ Conditions Denied Tresha Thomas Fees Paid: NA Continued to: Atie-M. Crowley, AICP lyraekpm. Crowley, AICP Funding Source: Quasi — Judicial City Attorney &�) Legislative Public Hearing Operating Other N/A Budget Acct.#: Attachments: Esq. Advertised: N/A • Resolution 19, 2014 [ ] Required [XI Not Required Contract/Agreement: Date: N/A Paper: N/A Effective Date: N/A Approved By: City Manager Expiration Date: Affected parties: I [X] Not Required N/A Ronald 04. Fe(ris Meeting Date: March 6, 2014 Resolution 19, 2014 Page 2 of 2 BACKGROUND: The Palm Beach Metropolitan Planning Organization's 2035 Long Range Transportation Plan includes a new urban interchange within the Year 2035 Palm Beach Long Range Transportation Needs Plan's highway component for the State Road 710 (Beeline Highway) and Northlake Boulevard intersection. The subject intersection borders the City of Palm Beach Gardens' City limits. The proposed urban interchange will facilitate western growth and encourage urban sprawl. The City believes it is critically important to protect environmental resources and promote infill and redevelopment within the eastern portion of the City, which is consistent with Objective 1.1.3 and associated policies adopted in the City's Comprehensive Plan's Future Land Use Element. The City also encourages development and redevelopment activities that do not threaten existing neighborhood integrity and environmental resources, as outlined in the City's Comprehensive Plan's Future Land Use Element Goal 1.2 and associated Objectives and Policies. Therefore, the City strongly opposes the proposed State Road 710 urban interchange at the intersection of Northlake Boulevard and State Road 710 and directs the City Clerk to furnish copies of this Resolution to the Palm Beach Metropolitan Transportation Organization's Board of Directors. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 19, 2014 as presented. 1 RESOLUTION 19,2014 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAL 4 BEACH GARDENS, FLORIDA OPPOSING THE PROPOSED STAT 5 ROAD 710 (BEELINE HIGHWAY) URBAN INTERCHANGE AT TH 6 INTERSECTION OF NORTHLAKE BOULEVARD AND STATE ROAD 71 7 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 8 9 WHEREAS, the Palm Beach Metropolitan Planning Organization's 2035 Long Range 10 Transportation Plan includes a new urban interchange within the Year 2035 Palm Beach 11 Long Range Transportation Needs Plan's highway component for the State Road 710 12 (Beeline Highway) and Northlake Boulevard intersection; and 13 14 WHEREAS, the intersection of State Road 710 (Beeline Highway) and Northlake 15 Boulevard borders the City of Palm Beach Gardens' City limits; and 16 17 WHEREAS, the City Council of the City of Palm Beach Gardens deems that the 18 proposed urban interchange will facilitate western growth and encourage urban sprawl; and 19 20 WHEREAS, the City Council of the City of Palm Beach Gardens recognizes the critical 21 importance of protecting environmental resources and promoting infill and redevelopment 22 within the eastern portion of the City consistent with Objective 1.1.3 and associated policies 23 adopted in the City's Comprehensive Plan's Future Land Use Element; and 24 25 WHEREAS, the City Council of the City of Palm Beach Gardens encourages 26 development and redevelopment activities that do not threaten existing neighborhood 27 integrity and environmental resources consistent with the City's Comprehensive Plan's 28 Future Land Use Element Goal 1.2 and associated Objectives and Policies; and 29 30 WHEREAS, the City Council deems approval of this Resolution to be in the best 31 interest of the health, safety, and welfare of the residents and citizens of the City of Palm 32 Beach Gardens and the public at large. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 35 PALM BEACH GARDENS, FLORIDA that: 36 37 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 38 39 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 40 wishes to express its strong opposition' to the proposed new urban interchange at the 41 intersection of State Road 710 (Beeline Highway) and Northlake Boulevard. 42 43 SECTION 3. This Resolution shall become effective immediately upon adoption. 44 45 SECTION 4. The City Clerk is hereby authorized and directed to furnish copies of this 46 Resolution to the Palm Beach Metropolitan Transportation Organization's Board of Directors 47 and Staff. 48 Page 1 of 2 Resolution 19, 2014 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this ATTEST: 13'1 Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY :A R. Max Lohman, City Attorney VOTE: MAYOR PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSELY COUNCILMEMBER LEVY day of 12014. CITY OF PALM BEACH GARDENS, FLORIDA WIN Robert G. Premuroso, Mayor AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 19 2014 - Opposition to Urban Interchange.doc Page 2 of 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 6, 2014 Resolution 20. 2014 Subject/Agenda Item: Authorizing the execution of the third amendment to the Interlocal Agreement creating the Palm Beach Workforce Development Consortium. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: Council Action: City Attorney $ N/A City Attorney g�e (Total) [ ]Approved Max o man, Esq. ity Attorney $ N/A Current FY [ ] Approved w/ Conditions R Max L m n, Esq. [ ] Denied Funding Source: [ ] Continued to: Advertised: N/A Date: [ ] Operating Attachments: Paper: [ ] Other Resolution 59, 2007 [ x ] Not Required • Resolution 96, 2007 Resolution 63, 2008 Submitted by: • Resolution 20, 2014 part ent Dir Wc r De Max ohman, Esq. City Attorney Affected parties [ ] Notified Budget Acct.#: N/A Approved by: City Manager [ x ] Not required Ronald . F fris Meeting Date: March 6, 2014 Resolution 20, 2014 Page 2 of 2 BACKGROUND: Workforce Alliance is a not -for -profit corporation chartered by the State of Florida. The organization operates a workforce development system in Palm Beach County that is responsive to the needs of both business customers and job seekers. Together with leaders from business, government, education, and community agencies, Workforce Alliance links local businesses in need of qualified employees with individuals seeking employment opportunities. On June 21, 2007, Council approved Resolution 59, 2007, authorizing the execution of an Interlocal Agreement creating the Palm Beach Workforce Development Consortium. The Consortium is comprised of the cities of Palm Beach Gardens, Delray Beach, and South Bay, and Palm Beach County. It established the Independent Special District (ISD) desired by the Workforce Alliance, Inc. to provide continuity of benefits and the Florida Retirement System to its employees. On September 4, 2007, Council approved Resolution 96, 2007, authorizing the execution of the first amendment to that Interlocal Agreement to insert language stating the requirements of the ISD charter in accordance with Sections 189.416(1) and 189.418(1), Florida Statutes. On August 21, 2008, Council approved Resolution 63, 2008, authorizing the execution of the second amendment to that Interlocal Agreement which incorporated language pursuant to Senate Bill 428 authorizing the designation of a Regional Workforce Board as a One - Stop Operator and Direct Provider of certain services by agreement of the Chief Elected Official and the Governor. Resolution 20, 2014 authorizes the execution of the third amendment to the Interlocal Agreement to add the City of West Palm Beach as a Consortium member and to make clear that the Chief Elected Official is the Board of County Commissioners of Palm Beach County, Florida, and is the fiscal agent, grant recipient, and administrative entity to administer the programs and funds in Region 21 with the power and authority to delegate such responsibility to Workforce Alliance, Inc. (to be renamed CareerSource Palm Beach County, Inc.) or any other appropriate entity, as its sub -grant recipient to perform the responsibilities as fiscal agent and administrative entity. STAFF RECOMMENDATION: Staff recommends approval • Resolution 20, 2014 as presented. Cate Prepared: JUne 6, 2007 1 RESOLUTION 59,2007 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 5 PALM BEACH GARDENS, FLORIDA AUTHORIZING THE 6 EXECUTION OF AN, INTERLOCAL AGREEMENT CREATING 7 THE PALM BEACH WORKFORCE DEVELOPMENT 8 CONSORTIUM; AUTHORIZING THE EXECUTION OF SUCH 9 OTHER DOCUMENTS AS MAY BE 'NECESSARY TO 10 COMPLETE THE TRANSACTIONS CONTEMPLATED 11 THEREBY; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, Public Law 105-220 enacted by the Congress of the United States 15 effective August 1998, which Act is known as the Workforce Investment Act (WIA), 16 established a program to provide universal access to workforce development services 17 for the businesses and citizens of Palm Beach County; and 18 19 WHEREAS, the State of Florida's Workforce Development Board (WDB) 20 Workforce Florida, Inc. (WFI) created by the Legislature in, 2000, has been designated 21 by the Governor to take the lead in designing and directing Florida's workforce 22 development strategy and to designate Workforce Development Areas: and 23 24 WHEREAS, the County of Palm Beach has been designated by the Governor of 25 the State of Florida as a Workforce Development Region (Region 21)', and 26 27 WHEREAS, the Workforce Investment Act of 1998 allows that an agreement 28 may be entered into between the general purpose governmental jurisdictions which 29 comprise the workforce development/investment area; and 30 31 WHEREAS, the governing body of the City of Palm *Beach Gardens desires its 32 City be included in regional workforce development initiatives to avail its businesses and 33 citizens of the benefits of Florida's workforce development ,strategy; including those 34 programs funded through the Workforce Investment Act of 1.990 (WIA), the Personal 35 Responsibility and Work Opportunity ReconciliationAct of 1996 (PRWOR), the Wagner- 36 Peyser Act (WP), the Florida Workforce Innovation Act of 2000 (FWIA), and such other 37 funding sources as may be available to support workforce activities; and 38 39 WHEREAS, the above governing bodies in the W0B Region have come together 40 to form the Consortium to carry out their separate and independent functions described 41 herein in a coordinated and cooperative fashion; and 42 43 44 45 46 Date Prepared: June 6, 2007 Resolution 59, 2007 1 WHEREAS, a readily available workforce of skilled workers is mandatory to 2 attract new businesses to the region and to retain and expand existing businesses 3 which will increase the wealth of the region, grow the economic "pie", ensure jobs for 4 our citizens, expand the tax base, improve the quality of life, and ensure the region's 5 economic future; and 6 7 WHEREAS, the City Council has deemed approval of this Resolution to be in the 8 best interest of the residents and citizens of the City of Palm Beach Gardens. 9 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF PALM BEACH GARDENS, FLORIDA that: 13 14 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 15 16 SECTION 2. The City Council hereby approves the interlocal agreement creating 17 the Palm Beach Workforce Development Consortium and the execution of such other 18 documents as may be necessary to complete the transactions contemplated thereby, 19 and hereby authorizes the Mayor and City Clerk to execute the interlocal agreement. 20 21 SECTION 3. This Resolution shall take effect immediately upon adoption. 22 23 24 25 (The remainder of this page left intentionally blank) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: June 6, 2007 Resolution 59, 2007 ' Sr PASSED AND ADOPTED this c*Zl day of -Tum- 2007. ATTEST: BY: Patricia Snider, CWC�bity C16rk BY: Z$ristine P. Taturn, City Attorney VICE MAYOR LEVY COUNCILMEMBER VALECHE 10 0=1 CITY OF PALM BEACH go AYE NAY ABSENT m In G:\attorney_sh,are\RESOLUTIONSNWorkforceAlliance Auth4reso 59 2007..doo I 9 INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM This Agreement, to create the Palm Beach Workforce Development Consortium ("Consortium") is made and entered into pursuant to the authority under Section 163.01, Florida Statutes, by and between Palm Beach County and the Cities of Delray Beach, Palm Beach Gardens, and South Bay, all of the State of Florida, each passing resolutions to that effect. WITNESSETH THAT: WHEREAS, Public Law 105-220 enacted by the congress of the United States effective August 1998, which Act is known as the Workforce investment Act ("WIA"), established a program to provide universal access to Workforce development services for4he businesses and citizens of Palm Beach County;_ and, WHEREAS, the State of Florida's Workforce Development Board ("WDB") Workforce Florida, Inc. (WFI) created by the Legislature in 2000, has been designated by the Governor to take the lead in designing and directing Florida's workforce development strategy and to designate Workforce Development Areas; and WHEREAS, the County of Palm Beach has been designated by the Governor of the State of Florida as a Workforce Development Region (Region 21); and, WHEREAS, the Workforce Investment Act of 1998, allows that an agreement may be entered into between the general purpose governmental jurisdictions which comprise the workforce development/investment area; and WHEREAS, the governing body of each of the parties to this Agreement desire that its county or city be included in regional workforce development initiatives to avail its businesses and citizens of the benefits of Florida's workforce development strategy, including those programs funded through the Workforce Investment Act of 1998 (WIA), the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWOR), the Wagner-Peyser Act (WP), the Florida Workforce Innovation Act of 2000 FWIA) , and such other funding sources as may be available to support workforce activities. WHEREAS, the above governing bodies in the WDB Region 21 have come together to form the Consortium to carry out their separate and independent functions described herein in a coordinated and cooperative fashion; and WHEREAS, a readily available workforce of skilled workers is mandatory to attract new businesses to the region and to retain and expand existing businesses which will increase the wealth of the region, support strong economic 'development, ensure jobs for our citizens, expand the tax base, improve the quality of life and ensure the region's economic -future. WHEREAS, the Consortium intends to establish an independent district with no taxing or bonding authority to enhance local workforce development activities in Palm Beach County, Florida. NOW, THEREFORE, in consideration of the promises and mutual covenants and obligations contained herein and for other good and valuable consideration, the parties agree and understand as follows: 1. ESTABLISHMENT OF THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM a. Is hereby established a multi -jurisdictional consortium hereinafter called the "Palm Beach Workforce Development Consortium" or "Consortium" for the express purpose of carrying out the individual responsibilities of each party to this Agreement under the Workforce Investment Act of 1998 (WIA), the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWOR), the Wagner-Peyser Act (WP), the Florida Workforce Innovation Act of 2000 (FWIA) , and such other funding sources as may be available to support workforce activities. b. The Consortium shall consist of four (4) members. The Chairman of the Board of County Commissioners of Palm Beach County shall serve as that County's representative on the Consortium; however, the Board of County Commission Chairman may appoint a replacement member of the County Commission to the Consortium and any such Commissioner shall have full voting rights and privileges. Likewise, the Mayor of the City of Delray Beach, the Mayor of the City of Palm Beach Gardens, and the Mayor of the City of South Bay shall serve as those cities representatives on the Consortium; however the Mayors may appoint any member of their respective City Councils to the Consortium and any such Council Member shall have full voting rights and privileges in accordance with "Attachment 1 Workforce Alliance, Inc. Board Composition" of this Agreement. 2. PARTIES TO THIS AGREEMENT Each of the parties to this Agreement is a county or city of the State of Florida and as such is a general-purpose political subdivision, which has the power to levy taxes and expend funds, as well as general corporate and police powers. These parties are more particularly identified as follows: Name Address Board of County Commissioners 301 North Olive Avenue Palm Beach, Florida West Palm Beach, FL 33401 Mayor, City of Delray Beach 100 NW First Avenue Delray Beach, Florida Delray.Beach, FL _33444 Mayor, City of Palm Beach Gardens 10500 North Military Trail 9 El 91 2. Palm Beach Gardens, Florida Mayor, City of South Bay South Bay, Florida Palm Beach Gardens, FL 33410 335 SW 2nd Ave South Bay, FL 33493 In order to establish the background, context, and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties hereto, the following are the predicates underlying the undertakings and commitments included within the provisions which follow and shall be constructed as the essential elements of the mutual considerations upon which this Agreement is based. GEOGRAPHICAL AREA TO BE SERVED BY THIS AGREEMENT a. The geographical area to be served by this Agreement is the combined geographical area of each of the four members' county area and City limits that are parties to this Agreement, whose geographical areas are contained in the legal description found in Chapter 7, Florida Statutes. b. Pursuant to the designation by the Governor, the four members rs constituting the Palm Beach Workforce Development Consortium and Workforce Alliance, Inc. shall be the WDB Region as provided for in Section 116 of Title 1 of the WIA, PRWOR, WP, FWIA and Florida's workforce development initiatives as designated by WFI and the Governor for the geographical area covered by this Agreement. FEDERAL AND STATE REQUIREMENTS It is the intent of the Consortium to incorporate into this .Agreement the duties and obligations governing programs under WIA, PRWOR, WP, and the Workforce Florida Act programs as well as any other rules and regulations both State and Federal, applicable to these initiatives. CREATION OF ADMINISTRATIVE ENTITY The Consortium, pursuant to Section 163.01(7) of the Florida Statutes will employ staff which comprise Workforce Alliance, Inc. and the Workforce Alliance One -Stop Advisory Committee to operate and implement workforce programs including one -stop direct services as well as related programs in the workforce development area (Region 21). 7. JOINT UNDERSTANDING The terms and conditions, which follow, reflect the joint understanding between the parties. a. The Consortium shall consist of the four (4) member governments represented by elected officials designated to serve by their respective Commission, or Council. The elected official May designate an alternate to serve in the elected official's absence. The alternate shall also be either the chief elected official or an elected official to the Commission, or Council of the member government, b. The officers of the Consortium shall include a chair and a vice ice chair. These officers shall be elected from among and by the membership of the Consortium for a term of one year., consistent with the state fiscal year, but shall hold office until their -successors are duly elected. 9. DUTIES AND RESPONSIBILITIES OF THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM a. To appoint the members of Workforce Alliance, Inc, in accordance with the WI.A, FWIA, and Attachment 1 of this Agreement. The Workforce Alliance Inc. Board shall consist of 35 members as provided for under the Workforce Investment Act, and the Florida Workforce Innovation Act. i. As per Attachment 1 each unit Of local government will appoint their respective number of private sector members to the Workforce Alliance, Inc. board of directors as listed in Attachment 1. Mandatory appointments will be approved by the Consortium. ii. The Consortium may add individual I organizational representatives to the membership of Workforce Alliance Inc. Board of Directors as provided for under the WIA and the FWIA, provided that sufficient additional private sector appointments are made to assure a 51.0/9 private sector majority. iii. Nominations to Workforce Alliance Inc. Board of Directors shall be made in accordance with the WIA, FWIA and such instructions as may be received from the Governor of the State of Florida. b. To designate Workforce AJIiah6q,Inc, .as the fiscal agent, grant recipient and administrative entity to administer WIA, PRWOR, Wagner-Peyser Act and such other funding sources as may be available to support workforce development opment activities for Region 21, Palm Beach County, Florida as chartered by Wrl. The Board of Count A y Commissioners can review this section (9b) on an annual basis and amend it as described under section 15 of this agreement. c. To enter into agreements with each other regarding the workforce development area, including the selection of one of the parties to the agreement to serve as the chief elected official for the area. d. To determine the procedures for the development of the workforce investment plan as described in Section 117 of the WIA and the strategy to implement Florida's workforce development initiative within the area designated in Section 4 of this Agreement. e. Together with Workforce Alliance, Inc., to approve the workforce development plan for the Region and modifications thereto. f. To provide oversight and guidance in conjunction with the Workforce Alliance Inc. Board of Directors. g. To accept responsibility for compliance and accountability for State and federal funds. Any disallowed costs will remain the responsibility of Palm Beach County as currently exists. h. To perform any other appropriate duties necessary for the accomplishment, and consistent with the purposes, of this Agreement, the WIA, PRWOR, ,WP, and FWIA. To establish an independent special district (to create through an interlocal agreement offering staff the ability to participate in the Florida Retirement System), with no taxing or bonding authority, to enhance workforce development activities in Palm Beach County, Florida. 10. MEETINGS a. The Chair shall preside at all Consortium meetings and shall perform all duties incident to that office. The Vice Chair shall preside in the absence of the Chair and shall have the power to exercise and perform all duties of the Chair. b. Meetings shall be held at least twice annually. c. Meetings shall be noticed and declared public meetings, open to the public, in accordance with the Sunshine Law, Section 286.011, Florida Statutes. d. A quorum at any Consortium shall consist of any Three (3) members or their designated alternates. A quorum is required to transact Consortium business. e. At all meetings of the Consortium at which a quorum is present, all matters shall be decided by the majority vote of said members. 11. FINANCIAL SUPPORT a. The Consortium shall support its programs and any costs incidental to the operation of its programs by grant funds appropriated to it by the United States Department of Labor or the United States Department of Health and Human Services for the following programs: the Workforce Investments Act, the Personal Responsibility and Work Opportunity Reconciliation Act, the Wagner-Peyser Act or other Workforce Development, Welfare Legislation or related grants provided by Workforce Florida, Inc. or through any other Federal, State or Local source. In addition, the Consortium Is authorized to accept any other grants in aid or assistance funds, from the United States Government or to accept appropriations from any of its members, or any other organization or person, including ' the acceptance of gifts, grants, or bequests whether it be in the form of tangible or intangible property. b. No funds will be required from the treasuries of any of the parties to this Agreement for implementation of workforce development initiatives, including programs funded by WIA, PRWOR or WP, it being the intent hereof that all funding of the workforce development initiatives and the Consortium shall be accomplished by grants and funds available pursuant to workforce development initiative programs, including any other State and Federal grants or other funding which will further the purpose of the program. The above language does not preclude units of local government from expending funds under their jurisdiction on workforce development prograrrig. c. The Consortium is a governmental entity as defined in Chapter 768.28 Florida Statutes, and agrees to be fully responsible for oats and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by the Consortium for which sovereign immunity is applicable. Nothing herein shall be construed as consent by a member of the Consortium as a political subdivision of the state of Florida to be sued by third parties in any matter arising out of this or any other contract, this agreement or any part thereof. The Consortium shall assume equal liability to the extent allowed and/or required by law for the operation of Federal and State Workforce Development programs. d. The Consortium shall purchase Insurance to indemnify itself and/or any of its members and any separate legal entity or contractors from any liability, which may attach due to its operation of WIA, PRWOR, WP or other Federal or State workforce development programs, 4 12. POWERS DELEGATED TO THE CONSORTIUM The Consortium shall make all policy decisions except those which must be made in partnership With the Workforce Alliance Inc. pursuant to the authorizing legislation under which grants are made available. Policy decisions shall include, but not be limited to those powers enumerated at Section 163.01(5), (6), and (7) of the Florida State Statutes, such as, but not limited to: a. The power to appoint Workforce Alliance, Inc., as the separate legal administrative, entity to carry out Consortium policies and perform as described in Chapter 163 of the Florida State Statutes, Sections 163.01(7) (b). b. The manner in which accountability for r fund expenditures shall be provided for including ncluding an independent audit to be done accordance with the Florida Statutes,, and Federal OMB Circular Al 33. c. The acceptance of grants, gifts, or other types of financial assistance as allowed by law. d. Authorization of the Consortium Director who shall also be the President and CEO of Workforce Alliance, Inc., to negotiate, enter into and execute agreements following the approval of Workforce Alliance, Inc. Board policy as appropriate to carry out the operational and administrative requirements and functions of the strategic plan and for day to day operations. e. Authorization of the said Consortium Director to make purchases in accordance with the procurement and purchasing guidelines approved as a part of the Workforce Alliance, Inc. Administrative Plan filed With the State. Purchases shall include services, supplies, consultant agreements, materials, equipment and leased space. f. Authorization of the said Consortium Director to make and issue policies and procedures as determined by the CEO limitations of the Carver Board Policy Governing model. g. Authorization of the said Consortium Director to make emergency decisions which may include the acceptance or application for grants or the entry into contracts or the expenditure of funds in emergency situations where a meeting of the Consortium and or the Workforce Alliance Inc. as appropriate cannot be called prior to the time that an action must be executed. Such actions shall be placed on the agenda of the next meeting of the Consortium and Workforce Alliance Inc. for ratification by the appropriate entity. All such contract, ntract, purchasing and expenditures shall be in accordance with established rules and governing State and federal policies and circulars. h. The manner in which funds shall be disbursed or paid by the administrative trative entity charged with operating the programs of providing -services contemplated by this Agreement which is Workforce Alliance,inc. i. The acquisition, ownership, custody, operation, maintenance, lease or sale of real or personal property subject to federal and State rules. j. The disposition, diversion or distribution of any property acquired. k. The composition-, membership appointments, and organizational approval of any advisory bodies to the Consortium. I. The manner in which staff shall be employed to carry out and serve Consortium and Workforce Alliance, Inc. objectives. m. The appointment of the Director of the Consortium upon recommendation of Workforce Alliances Inc., and authorization of the Workforce Alliance, Inc. President and CEO to draft personnel rules and policies which shall be approved by the Consortium upon recommendation of the Workforce Alliance Inc. and which shall provide for the hiring of such staff as is necessary to Carry out the duties and responsibilities of the Consortium and Workforce Alliance, Inc. The Workforce Alliance, Inc. President and CEO shall be responsible for the hiring and termination of staff in accordance with those policies. Every other year a pay and classification study shall be initiated by the Workforce Alliance, Inc. President and CEO through on independent third party in accordance with purchasing and procurement guidelines or through the Florida Workforce Development Association bi-annual salary survey which shall examine the responsibilities and salaries of the staff to assure that they meet community norms and that they are Competitive go as to attract skilled personnel to accomplish the purposes of the Consortium and Workforce Alliance, Inc. ii. A committee of Workforce Alliance Inc. may be established to review and make recommendations for staffing, pay and classification studies and benefits for Consortium staff. n. To develop procedures and/or administrative rules to effectively carry out the Consortium's policies and decisions so long as they do not conflict with governing federal and state rules and regulations, and the Workforce Florida Inc./Agency for Workforce Innovation policies, rules and regulations. o. Any other necessary and proper matters as they may arise and as agreed upon by the Consortium members and member governments: 0 13. SIGNATORY The chair shall act as signatory for the Coh8ortiurn, In the absence of the chair, any of the other members may sign for the Consortium in the chair's stead. 14. ALL PRIOR AGREEMENTS It is understood and, agreed that this document 'incorporates and includes all prior negotiations' correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained In this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 15.AMENDMENT It is agreed that no modification, amendment, or alteration of the terms or conditions contained in this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. This Agreement shall be automatically renewed annually without action of any party. Should any party to this Agreement wish to terminate their participation, a 60-day written notice shall be provided to all parties hereunder and to the President/CEO of Workforce Alliance, Inc., 326 Fern Street, West Palm Beach FL .33401. Notice must be given in writing sent by Certified United States Mail with Return Receipt Requested. MR Board of County Commissioners Palm Beach, Florida Mayor, City of Delray Beach Delray Beach, Florida Mayor, City of Palm Beach Gardens Palm Beach Gardens, Florida Mayor, Cityof South Bay South Bay, Florida 301 North Clive Avenue West Palm Beach, FL 38401 100 NW First Avenue Delray Beach, FL 33444 10500 North Military Trail Palm Beach Garden $3410 335 SW 2nd Ave South Bay, FL 33493 I 17. CONSTRUCTION This Agreement shall be deemed to be a binding contract and shall be construed in accordance with and governed by the laws of the State of Florida. 18. INVALID PROVISION/SEVERABILITY In the event that any provision of this Agreement or the application of any such provision to any party or circumstances be held invalid or unenforceable or the application of such provision to parties or circumstances be unenforceable, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. 19. WAIVER OF RIGHTS Any waiver at any time by any party hereto of its rights with respect to any matter arising in connection with this Agreement shall not be considered a waiver with respect to any subsequent default or matter. [The remainder of this page is intentionally left blank.] 10 EXECUTION PAGE [Page 1 of 11 COUNTY OF :Palm Beach BY: Chairman DATE: ATTEST: Clerk CITY OF DEFRAY BEACH BY: C'� �_ Mayor DATE: .ATTEST: Corporation Secretary C11 BY DA AT CITY OF SOUTH BAY Mayor Corporation Secretary BY: Mayor DATE: ATTEST: Corporation Secretary 11 Attachment 1 Workforce Alliance, Inc. Board Composition Private Sector Appointed By: Palm Beach County Commission 17 (85%) City of South Bay 1 (5%) City of Delray Beach 1 (5%) City of Palm Beach Gardens 1 5% Total Private Sector 20 (57%.)* Mandatory Appointments** Organized Labor 3 Department of Children and Families 1 Division of Vocational Rehabilitation 1 Private Degree Granting Institution 1 Private Certificate Granting Institution 1 Former Welfare Participant 1 Community Based Organization 4 Education 3. Total Mandatory 15 (43%) Minimum of 51 % required by Federal Law/State Statutes* Mandatory appointments by Federal Law/State Statures** ZEMIUM 1 2 RESOLUTION 96, 2007 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA AUTHORIZING THE EXECUTION OF 7 THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT 8 CREATING THE PALM BEACH WORKFORCE DEVELOPMENT 9 CONSORTIUM; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm 13 Beach Gardens, and South Bay, all of the State of Florida, pursuant to the authority 14 under Section 163.01, Florida Statutes, and each passing resolutions to that effect 15 entered into an Interlocal Agreement creating the Palm Beach Workforce Development 16 Consortium; and 17 18 WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm 19 Beach Gardens, and South Bay wish to revise the Interlocal Agreement and insert 20 language stating the requirements of the Independent Special District Charter. . in 21 accordance with Sections 189.416(1) and 189.418(1), Florida Statutes; and 22 23 WHEREAS, the effective date of this First Amendment shall be August 1, 2007; 24 and 25 26 WHEREAS, the City Council has deemed approval of this Resolution to be in the 27 best interest of the residents and citizens of the City of Palm Beach Gardens. 28 20 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF PALM BEACH GARDENS, FLORIDA that: 32 33 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 34 35 SECTION 2. The City Council hereby approves the First Amendment to the 36 Interlocal Agreement revising the Interlocal Agreement and inserting language stating 37 the requirements of the Independent Special District Charter in accordance with 38 Sections 189.416(1) and. 189.418(1), Florida Statutes, and hereby authorizes the Mayor 39 and City Clerk to execute said Amendment. 40 41 SECTION 3. This Resolution shall take effect immediately upon adoption. 42 43 44 45 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 116 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: August 20, 2007 Resolution 96, 2007 PASSED AND ADOPTED this 'U-"*-day of Wrernlleiz '2007. ATTEST: BY:�x Patricia Snider, C, City Clerk, APPROVED AS TO FORM AND LEGAL SUFFICIENCY (�Fristlne P. Tatum, City Attorney 019-ug MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT CITY OF PALM IS M H AYE NAY ABSENT I/ — — G:\attorney_share\RESOLUTIONS\Workforce Alliance Auth- reso 96 2007.doc , Mayor M, 9 FIRST AMEN AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM WITNESSETH: WHEREAS, Palm Beach County and the municipalities of Defray Beach, Palm Beach Gardens, and South Bay, all of the State of Florida pursuant to the authority under Section 163.01, Florida Statutes, and each passing resolutions to that effect entered into an Interlocal Agreement Creating The Palm Beach Workforce Development Consortium. WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, wish to revise the Interlocal Agreement and insert language stating the requirements of the Independent Special District charter in accordance with Sections 189,416(1) and 189.418(1), Florida Statutes_ WHEREAS, the effective date of this First Amendment shall be August 1, 2007. NOW, THEREFORE, in consideration of the mutual covenant and agreement expressed herein, Palm Beath County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay-, hereby agree that the Interlocal Agreement Creating The Palm Beach Workforce Development Consortium is amended as follows* Insert and add the 'following "Section J."to "Article 9. DUTIES AND RESPONSIBILITIES OF THE PALM M BEACH WORKFORCE DEVELOPMENT CONSORTIUM" of the Interlocal Agreement as follows- J. The following provisions for the requirements of the Workforce Alliance Independent Special District (ISD) Charter are provided herewith: a) The purpose of the ISO is to develop a readily available workforce of skilled workers'which is mandatory to attract new businesses to the.ISD and to retain and expand existing businesses within the ISD. This in turn will increase the wealth of the ISD, grow the economic "pie", ensure jobs for our citizens., expand the tax base, improve the quality of life and ensure the district's economic future. b) The powers, functions and duties of the ISD will not be used for the purpose of ad valorem taxation, bond issuance or other revenue -raising capabilities within the district. Nor will tax deeds and tax certificates for non -ad valorem assessments as well as liens or the foreclosure of liens be used. The budget and its approval as well as contractual agreements will be in parallel with the provisions set forth in this Interlocal Agreement. c) The method of establishing the ISD is by this Interlocal Agreement between the governing bodies of Palm Beach County and the municipalities ties of Delray Beach, Palm Beach Gardens and South Bay, all located within the boundaries of Palm Beach County, The ISD shall be established by the concurrence and signing of all participants of this Interlocal Agreement. d) The ISD Charter will be amended as required upon recommendation endation by any member of The Palm Beach Workforce Development Consortium/ISD providing thirty days written notice prior to a scheduled meeting of the members. e) The membership and organization of the ISD will parallel that of The Palm Beach Workforce Development Consortium. f) There will be no compensation for members of the governing board -other than for travel and meeting expenses. g) The administrative duties of the9 overning board are as follows: _ • Determine the procedures for the development of the Workforce Investment Plan and the strategy to implement Florida's workforce development initiative within the ISD. • Together with Workforce Alliance, Inc., to approve the workforce development plan for the ISD and modifications thereto. • Provide oversight and guidance in conjunction with the Workforce Alliance Inc. Board of Directors. • Perform any other appropriate duties necessary for the accomplishment, and consistent with the purposes of the ISD. h) The applicable financial disclosure, noticing, and reporting requirements will be followed as required by and in accordance with all applicable Florida Statutes for publicly elected officials, in accordance with Florida's Govern me nt-in-4he Sunshine Law (FS Chapter 286) and reporting will be in parallel with The Palm Beach Workforce Development Consortium and Workforce Alliance, Inc. as required for federal and state reporting. i) Members of the ISD governing board will be a duly elected County commissioner or a city Councilperson appointed to the ISD by their respective commission, or council. j) The ISD we. be financed, through the allocation of federal funds from the United States Department of Labor or the United States Department of Health and Human Services, or through any other Federal, State or Local source. Other funds in the form of I public and/or private grants or awards may be available from time to time. 0 k) The ISD will not tax, issue bonds, nor collect non ad Valorem assessments, fees or service charges. 1) Planning to, meet federal and state requirements is the submission of a strategic workforce development plan every two years which is process oriented in nature. Therefore, a local plan which will be tailored to the ISD and which will focus on the outcomes necessary to meet the goals and objectives of the ISD will be developed and reviewed on an annual basis. m) The geographic boundary of the ISD is limited to the confines of the legal description of Palm Beach County Florida. n) The creation of this ISD is consistent with local government approved comprehensive plans. 2. All other provisions of the Interlocal Agreement Creating The Palm Beach Workforce Development Consortium and attachments thereto in conflict with this First Amendment shall be and are hereby changed to conform with this First Amendment. All other provisions of the Interlocal Agreement and attachments thereto not in conflict with this First Amendment are still in effect and. are to be performed as specified in the Interlocal Agreement. [The remainder of this page is intentionally left blank.] 3 COUNTY OF Palm Beath BY: -Chair ATTEST: Clerk CIDE AY BEACH Approly Las to form and dy� t0c suff dency.� Y: Mayor c DATE. Q. Attorney Gy ATTEST'jw &bj,0.QUL) Corporation Secretary nation Secretary DATE: ATTEST:/ Corporation Secretary rd 1 2 4 5 6 7 8 9 10 11 12 13 14 43 44 45 46 Date Prepared: July 28, 2008 RESOLUTION 63, 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, all of the State of Florida, pursuant to the authority under Section 163.01, Florida Statutes, and each passing resolutions to that effect, entered into an Interlocal Agreement creating the Palm Beach Workforce Development Consortium; and WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay wish to revise the Interlocal Agreement; incorporating language pursuant to Senate Bill 428 which authorizes the designation of a Regional Workforce Board as a One -Stop Operator and Direct Provider of certain services by agreement of the Chief Elected Official and the Governor; and WHEREAS, the effective date of this Second Amendment shall be July 22, 2008; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that:, SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Second Amendment to the Interlocal Agreement revising the Interlocal Agreement, incorporating language pursuant to Senate Bill 428 which authorizes the designation of a Regional Workforce Board as a One -Stop Operator and Direct Provider of certain services by agreement of the Chief Elected Official and the Governor, and hereby authorizes the Mayor to execute the Amendment. SECTION 3. This Resolution shall take effect immediately upon adoption. 1 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: July 28, 2008 Resolution 63, 2008 PASSED AND ADOPTED this o21jr' day of .6At±!.s:r , 2008. ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FOB AND LEGAL SUFFICIENQ - ' F1.3m J CITY OF PAL -BEACH GARDENS, FLORIDA W." man, Interim City Attorney VOTE: MAYOR JABLIN VICE MAYOR LEVY COUNCILMEMBER RUSSO COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO Mayor" AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\Workforce Alliance Auth= reso 63 2008.doc 2 AMENDMENT 002 TO AGREEMENT R2007-1220 CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM WITNESSETH: WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, all of the State of Florida pursuant to the authority under Section 163.01, Florida Statutes, and each passing resolutions to that effect entered into an Interlocal Agreement Creating The Palm Beach Workforce Development Consortium. WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens; and South Bay, wish to revise the Interlocal Agreement incorporating language that was signed by Governor Crist pursuant to Senate Bill 428 which authorizes the designation of a Regional Workforce Board as a One -Stop Operator and Direct Provider of certain services by agreement of the Chief Elected Official and the Governor. WHEREAS, the effective date of this Second Amendment shall be July 22, 2008. NOW, - THEREFORE, in consideration of the mutual covenant and agreement expressed herein, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, hereby agree that the Interlocal Agreement Creating The Palm Beach Workforce Development Consortium is amended as follows: 1. Delete in its entirety "Article 6. CREATION OF ADMINISTRATIVE ENTITY" found on page 3 of the Agreement and replace with the below revised "Article 6. CREATION OF ADMINISTRATIVE ENTITY AND DIRECT PROVIDER OF SERVICES". 6. CREATION OF ADMINISTRATIVE ENTITY AND DIRECT PROVIDER OF SERVICES The Consortium, pursuant to Section 163:01(7) of the Florida. Statutes and Senate Bill 428 will employ staff which comprise Workforce Alliance, Inc. as Administrative entity and the Direct Provider of Services to operate and implement workforce programs including One -Stop Direct Services and related programs in the Workforce Development Area (Region 21). 2. All other provisions of Agreement R2007-1220 Creating The Palm Beach Workforce Development Consortium and attachments thereto in conflict with Amendment 002 shall be and are hereby changed to conform with Amendment 002. All other provisions of the Interlocal Agreement and attachments thereto not in conflict with Amendment 002 are still in effect and are to be performed as specified in the Interlocal Agreement. [The remainder of'this page is intentionally ;left blank.] EXECUTION PAGE. [Page 1 of 11 COUNTY OF PALM BEACH BY: Chair DATE: ATTEST: Clerk CITY OF DELRAY BEACH BY: Mayor DATE: ATTEST: CITY OF PALM BEACH GARDENS BY: DATE: ATTEST: CITY OF SOUTH BAY Corporation Secretary Mayor Corporation Secretary BY: Mayor DATE: ATTEST: Corporation Secretary 2 AMENDMENT 002 TO AGREEMENT R2007-1220 CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM WITNESSETH: WHEREAS, Palm Beach County and the municipalities of Delray Beach; Palm Beach Gardens, and South Bay, all of the State of Florida pursuant to the authority under Section 163.01, Florida Statutes, and each passing resolutions to that effect entered into an Interlocal Agreement Creating The Palm Beach Workforce Development Consortium., WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, wish to revise the Interlocal Agreement incorporating language that was signed by Governor Crist pursuant to Senate Bill 428 which authorizes the designation of a Regional Workforce Board as a One -Stop Operator and Direct Provider of certain services by agreement of the Chief Elected Official and the Governor. WHEREAS, the effective date of this Second Amendment shall be July 22, 2008. NOW; THEREFORE, in consideration of the mutual covenant and agreement expressed herein, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, hereby agree that the Interlocal Agreement Creating The Palm Beach Workforce Development Consortium is amended as follows: Delete in its entirety "Article 6. CREATION OF ADMINISTRATIVE ENTITY" found on page 3 of the Agreement and replace with the below revised "Article 6. CREATION OF ADMINISTRATIVE ENTITY AND DIRECT PROVIDER OF SERVICES". 6. CREATION OF ADMINISTRATIVE ENTITY AND DIRECT PROVIDER OF SERVICES The Consortium, pursuant to Section 163.01(7) of the Florida Statutes and Senate Bill 428 will employ staff which comprise Workforce Alliance, Inc. as Administrative entity and the Direct Provider of :Services to operate and implement workforce programs including One -:Stop Direct Services and related programs in the Workforce Development Area (Region 21). 2. All other provisions of Agreement R2007-1220 Creating The Palm Beach Workforce Development Consortium and attachments thereto in conflict with Amendment 002 shall be and are hereby changed to conform with Amendment 002. All other provisions of the Interlocal Agreement and attachments thereto not in conflict with Amendment 002 are still in effect and are to be performed as specified in the Interlocal Agreement. [The remainder of this page is intentionally left blank.] COUNTY OF PALM BEACH In DATE: ATTEST: CITY OF DELRAY BEACH EXECUTION PAGE [Page 1 of 1] hair BY: Mayor DATE: ATTEST: Corporation Secretary CITY OF PALM BEACH GARDENS BY: Mayor DATE: ATTEST: Corporation Secretary CITY OF SOUTH BAY Mayor DATE: ATTEST: Corporation Secretary 2 A1//41#"4VCW Armw August 18, 2008 HAND DELIVERED ATTN: Ms. Patty Snider, City Clerk City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Dear Ms. Snider: Please find enclosed six originals of the second amendment to the Interlocal Agreement for the City of Palm Beach Gardens City Council's consideration -at their August 21, 2008 meeting. Please have the City of Palm Beach Gardens sign, date and witness all six originals of the second amendment in complete form. After they have been fully executed please call me at (561) 340-1061 Ext. 2219 and I will personally pick them up for routing , to the other parties. The city of South Say .is scheduled to hear this; matter at their September 2, 2008 meeting as a consent agenda item. Following the City's execution of the amendment on September 2 nd a fully executed original between all parties will be returned to Palm Beach Gardens for their records. Should you have any questions in this regard, please do not hesitate to contact me at the telephone number or e-mail address listed below, Thanking you in advance for your assistance in this matter. Sincerely, 7;A­ Sharon Brea Director Quality, Compliance & Contracts Workforce Alliance, Inc. Telephone: (561) 340-1061 Ext. 2219 E-mail: sbrea@pbcalliance.com Enc. Admininstradon Office - 326 Fern Street, Suite 301 doWest Palm Beach, FL 33401 - (561 } 340-1061 Central Career Center i 1951 North Military Trail, Suite D oWest Patin Beach, FL 83409 o (561) 340-1060 South Career Center ­901 North Congress Avenue, Suite C=201 * Boynton Death, FL 33426 0 (561) 853-0181 IAOOW,*� Mwvh� West Career Center a 1085 South Main Street o Belle Glade, FL 33430 v (561) 829-2040 Zh n1ara a inh nrifor nr la2m ahnist nn-ra.40 traininn nmaramm and r,.in*PrAovP1nnmPnt vpryii-pc nlpa.cp rail Rnn-!KR_1nAq nr visit wwLvnhrq11ian.-A rnm 2 G 0 1 t 0UL 2 2008 AMENDMENT 002 TO AGREEMENT R2007-1220 CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM WITNESSETH: WHEREAS, Palm Beach County and the. municipalities of Delray Beach; Palm Beach Gardens, and South Bay, all of the State of Florida pursuant to the authority under Section 163.01, Florida Statutes, and each passing resolutions to that effect entered into an Interlocal Agreement Creating The Palm Beach Workforce Development Consortium. WHEREAS, Palm Beach County and the 'municipalities of Delray Beach, Palm Beach Gardens, and South Bay,, wish to revise the Interlocal Agreement 'incorporating language that was. signed by Governor Crist pursuant to Senate Bill 428 which authorizes the designation of a Regional Workforce Board as a One�Stop :Operator and Direct Provider of certain services by agreement of the Chief Elected Official and the Governor. WHEREAS, the effective date of this Second Amendment shall be July 22, 2008. NOW, THEREFORE, in consideration of the mutual covenant and agreement expressed herein, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, hereby agree that the Interlocal Agreement Creating The Palm Beach Workforce Development Consortium is amended as follows: 1. Delete in its entirety "Article 6.. CREATION OF ADMINISTRATIVE ENTITY' found on page 3 of the Agreement and replace with the below revised "Article 6. CREATION OF ADMINISTRATIVE ENTITY AND DIRECT PROVIDER OF SERVICES". 6. CREATION OF ADMINISTRATIVE ENTITY AND DIRECT PROVIDER OF SERVICES The Consortium, pursuant to Section 16.3.01{7) of the Florida Statutes and Senate Bill 428 will employ staff which comprise Workforce Alliance, Inc. as Administrative entity and the Direct Provider of Services to operate and implement workforce programs including 'One -Stop Direct Services and related programs in the Workforce Development Area (Region 21). 2. All other provisions of Agreement R2007-1220 Creating The Palm Beach Workforce Development Consortium and attachments thereto in conflict with Amendment 002 shall be and are hereby changed to conform with Amendment 002. All other provisions of the Interlocal Agreement and attachments thereto not in conflict with Amendment 002 are still in effect and are to be performed as specified din the Interlocal Agreement. [The remainder of this page is intentionally left .blank.] ti 008 O EXECUTION PAGE [Page 1 of 1] COUNTY OF PALM SE Addle L. Greene BY: r �������+� Chairperson DATE: 2 7mg *I- ATTEST:M`� 6ti, �ti CITY ii BY: ( DATF ATTI 8 - .� - oA, Approved as to form and legal sufficiency: ayor /jy,, City Attorney Corporation Secretary CITY O PAL Ali G BY: Mayor DATE: slayeAQDENS ATTEST: Corporation. Secretary CITY OF SOUTH BAY BY: Mayor DATE: ATTEST: Corporation Secretary AppROVED AS TO FORM AND LEGAL SUFFICIENCr LINT( X ORNV 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE EXECUTION OF THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, all of the State of Florida, pursuant to the authority under Section 163.01, Florida Statutes, and each passing resolutions to that effect, entered into an Interlocal Agreement creating the Palm Beach Workforce Development Consortium; and WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay wish to revise the Interlocal Agreement to add the City of West Palm Beach as a Consortium member and to make clear that the Chief Elected Official is the Board of County Commissioners of Palm Beach County, Florida, and is the fiscal agent, grant recipient and administrative entity to administer the programs and funds in Region 21 with the power and authority to delegate such responsibility to Workforce Alliance, Inc. (to be renamed CareerSource Palm Beach County, Inc.) or any other appropriate entity, as its sub - grant recipient to perform the responsibilities as fiscal agent and administrative entity ; and WHEREAS, the City Council deems approval of this Resolution to be in the best interest of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Third Amendment to the Interlocal Agreement revising the Interlocal Agreement to add the City of West Palm Beach as a Consortium member and to make clear that the Chief Elected Official is the Board of County Commissioners of Palm Beach County, Florida, and is the fiscal agent, grant recipient and administrative entity to administer the programs and funds in Region 21 with the power and authority to delegate such responsibility to Workforce Alliance, Inc. (to be renamed CareerSource Palm Beach County, Inc.) or any other appropriate entity, as its sub -grant recipient to perform the responsibilities as fiscal agent and administrative entity, and hereby authorizes the Mayor to execute the Amendment. SECTION 3. This Resolution shall take effect immediately upon adoption. Resolution 20, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2014. CITY OF PALM BEACH GARDENS, FLORIDA M. ATTEST: in Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY :1 R. Max Lohman, City Attorney VOTE: MAYOR PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY Robert G. Premuroso, Mayor AYE NAY ABSENT rmw�"av No G:\attorney_share\RESOLUTIONS\2014\Resolution 20 2014-Interlocal Agmt Creating PBC Workforce Dev Corsortium-Third Amd.doc Page 2 of 2 THIRD AMENDMENT TO INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM This Third Amendment modifies the Interlocal Agreement that created the Palm Beach Workforce Development Consortium ("Consortium") and is made and entered into pursuant to the authority under Section 163.01, Florida Statutes, by and between Palm Beach County and the Cities of Delray Beach, Palm Beach Gardens, South Bay and West Palm Beach, all of the State of Florida. WITNESSETH THAT: WHEREAS, Public Law 105-220 enacted by the congress of the United States effective August 1998, which Act is known as the Workforce Investment Act ("WIA"), established a program to provide universal access to workforce development services for the businesses and citizens of Palm Beach County; and, WHEREAS, the State of Florida's Workforce Development Board ("WDB") CareerSource Florida created by the Legislature in 2000, has been designated by the Governor to take the lead in designing and directing Florida's workforce development strategy and to designate Workforce Development Areas; and WHEREAS, the County of Palm Beach was designated by the Governor of the State of Florida as a Workforce Development Region (Region 21); and, WHEREAS, the Workforce Investment Act of 1998, allows that an agreement may be entered into between the general purpose governmental jurisdictions which comprise the workforce development/investment area; and WHEREAS, the governing body of each of the parties to this Agreement desire that its county or city be included in regional workforce development initiatives to avail its businesses and citizens of the benefits of Florida's workforce development strategy, including those programs funded through the Workforce Investment Act of 1998 (WIA), the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWOR), the Wagner-Peyser Act (WP), the Florida Workforce Innovation Act of 2000 FWIA) , and such other funding sources as may be available to support workforce activities; and WHEREAS, the above governing bodies in the WDB Region 21 with the exception of the City of West Palm Beach came together to form the Consortium to carry out their separate and independent functions described herein in a coordinated and cooperative fashion; and 361267 1 WHEREAS, a readily available workforce of skilled workers is mandatory to attract new businesses to the region and to retain and expand existing businesses which will increase the wealth of the region, support strong economic development, ensure jobs for our citizens, expand the tax base, improve the quality of life and ensure the region's economic future; and WHEREAS, the Consortium established an independent district with no taxing or bonding authority to enhance local workforce development activities in Palm Beach County, Florida; and WHEREAS, the above governing bodies with the exception of the City of West Palm Beach entered into an Interlocal Agreement, which was designated by the County as R2007-1220, dated July 10, 2007 creating the Palm Beach Workforce Development Consortium which Agreement was modified by the First Amendment to the Interlocal Agreement dated September 11, 2007 and designated as R2007-1446 by the County, and Amendment 002 to Agreement Creating the Palm Beach Workforce Development Consortium dated July 22, 2008 and designated R2008-1268 by the County which are collectively herein referred to as the "Interlocal Agreement"; and WHEREAS, the above governing bodies desire to amend the Interlocal Agreement to add the City of West Palm Beach as a Consortium member; and WHEREAS, the above governing bodies wish to amend the Interlocal Agreement to make clear that the Chief Elected Official (CEO) is the Board of County Commissioners of Palm Beach County, Florida, and is the fiscal agent, grant recipient and administrative entity to administer the programs and funds in Region 21 with the power and authority to delegate such responsibility to Workforce Alliance, or any other appropriate entity, as its sub -grant recipient to perform the responsibilities as fiscal agent and administrative entity. NOW, THEREFORE, in consideration of the promises and mutual covenants and obligations contained herein and for other good and valuable consideration, the parties agree and understand as follows: 2 Delete in its entirety Section 1.b. of the Interlocal Agreement and replace it with the following: b. The members, representatives and officers of the Consortium are specified in Sections 8.a. and 8.b. of this Interlocal Agreement. The following is inserted at the end of Section 2 of the Interlocal Agreement: Mayor, City of West Palm Beach West Palm Beach, Florida 401 Clematis Street West Palm Beach, FL 33401 361267 2 3. Delete in its entirety Section 8.a. of the Interlocal Agreement and replace it with the following: a. The Consortium shall consist of representatives of the five (5) member governments who shall be elected officials designated to serve by their respective Commission, or Council with the exception of the City of West Palm Beach from which the representative shall be the Mayor. Each municipality shall have one (1) representative, entitled to one vote each. The County shall have one (1) representative entitled to a total of five (5) votes. The elected officials or, in the case of the City of West Palm Beach, the Mayor may designate an alternate to serve in the elected official's or Mayor's absence. The alternate shall be an elected official to the Commission or Council. 4. Delete in its entirety Section 8.b. of the Interlocal Agreement and replace it with the following: b. The officers of the Consortium shall include a chair which is the Representative of the Board of County Commissioners of Palm Beach County. The vice chair shall be elected from among the mayors of the four (4) participating cities by the membership of the Consortium for a term of one (1) year, consistent with the state fiscal year, but shall hold office until a successor is duly elected. 5. Delete in its entirety Section 9.b.-h. of the Interlocal Agreement and replace it with the following: b. The Board of County Commissioners is designated as the CEO, the fiscal agent, grant recipient and administrative entity to administer WIA, PRWOR, Wagner-Peyser Act and such other funding sources as may be available to support workforce development activities for Region 21, Palm Beach County, Florida as chartered by CareerSource Florida. C. The Board of County Commissioners shall designate the subgrant recipient, initially Workforce Alliance, Inc. (to be renamed CareerSource Palm Beach County, Inc. and to be known as CareerSource Palm Beach County), whose responsibility it is to administer workforce development services and the Board of County Commissioners and the subgrant recipient shall enter into a formal agreement. d. To determine the procedures for the development of the workforce investment plan as described in Section 117 of the WIA and the strategy to implement Florida's workforce development initiative within the area designated in Section 4 of this Agreement. 361267 3 C. 7 e. Together with the subgrant recipient to approve the workforce development plan for the Region and modifications thereto. f. To provide oversight and guidance in conjunction with the subgrant recipient. g. To accept responsibility for compliance and accountability for State and federal funds. Any disallowed costs will remain the responsibility of Palm Beach County as the CEO. h. To perform any other appropriate duties necessary for the accomplishment, and consistent with the purposes, of this Agreement, the WIA, PRWOR, WP, and FWIA. To establish an Independent Special District (to create through an interlocal agreement offering staff the ability to participate in the Florida Retirement System), with no taxing or bonding authority, to enhance workforce development activities in Palm Beach County, Florida. The following is inserted at the end of Section 16 of the Interlocal Agreement: Mayor, City of West Palm Beach West Palm Beach, Florida 401 Clematis Street West Palm Beach, FL 33401 Attachment 1 to the Interlocal Agreement is replaced by the Attachment 1 attached hereto. 8. All other provisions of the Interlocal Agreement and attachments thereto in conflict with this Third Amendment shall be and are hereby changed to conform with this Third Amendment. All other provisions of the Interlocal Agreement and attachments thereto not in conflict with this Third Amendment are still in effect and are to be performed as specified in the Interlocal Agreement. [The remainder of this page is intentionally left blank.] 361267 4 EXECUTION PAGE [Page 1 of 2] CITY OF DELRAY BEACH BY: DATE: ATTEST: CITY OF PALM BEACH GARDENS BY: DATE: ATTEST: CITY OF SOUTH BAY BY: DATE: ATTEST: CITY OF WEST PALM BEACH BY: DATE: ATTEST: Mayor City Clerk Mayor City Clerk Mayor City Clerk Mayor City Clerk 361267 5 ATTEST: SHARON R. BOCK CLUT, M APPROVED AS TO FORM AND LEGAL SUFFICIENCY LO-Z Tammy K. Fields Chief Assistant County Attorney PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS: la APPROVED AS TO TERMS AND CONDITIONS In Shannon R. LaRocque, P.E. it 361267 6 U-TaT41TITTIM CareerSource Palm Beach County, Inc. Board Composition Private Sector* Appointed by: Beach County Commission 14 -Palm of South Bay 1 -City City of Delray Beach 1 of Palm Beach Gardens 1 -City of West Palm Beach 1 -City Total Private Sector 18 -MandatopLAppointments** Local Educational Entities 1 PostseconggpLEgMtional Institution/Community Collage 1 Labor or Employee Representatives 2 Community -Based Organizations: Disabled 1 u ni!y-Based OLganizations: Veterans 1 -Comm Economic Development Lkgenvies 2 One -Stop Partners: TANF/DQF 1 One -Stop Partners: Senior Community Service Employment Pro ram 1 One -Stop Partners: Vocational Rehabilitation 1 QSBG 1 1 -HUD Job Corps 1 & Seasonal Farmworkers Pro rams 1 -Migrant Private Non -Profit Training Provider 1 Private For -Profit Training Provider 1 Total Mandatory 17 Minimum of 51 % Private Sector appointments required by Federal Law/State Statutes * Mandatory appointments are specified by Federal Law/State Statutes ** 361267 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION Whereas, the public procurement profession plays a significant role in the efficiency and effectiveness of both government and business; and Whereas, in addition to the purchase of goods and services, procurement adds value to the organization by performing functions such as executing, implementing and administering contracts, conduct market research and analyses, developing strategic procurement strategic procurement methodologies, and cultivating working relationships with suppliers and other departments within the organization; and Whereas, the primary objectives of a first-class procurement organization extend beyond the traditional belief that procurement's primary role is to obtain goods and services in response to internal needs; and Whereas, these primary objectives include supporting operational requirements, manage the purchasing and contracting process equitably, efficiently and effectively; and Whereas, the objective of the City of Palm Beach Gardens Purchasing and Contracts Department include supporting operational requirements, managing the purchasing and contracting, develop strong relationships with other functional groups and stakeholders and support organizational goals and objectives; and Whereas, the Purchasing and Contracts Department is committed to the fair, equitable, and timely acquisition of goods and services for the City of Palm Beach Gardens and to cultivate an ethical and professional environment; and Whereas, using technology, competition, and best practices, we strive to bring the greatest value to the City and its residents in an efficient and cost-effective manner while embracing the Values and Guiding Principles of Public Procurement of Accountability, Ethics, Impartiality, Professionalism, Services and Transparency. NOW, THEREFORE, I, Robert Premuroso, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim March 1, 2014: NATIONAL PROCUREMENT MONTH in the City of Palm Beach Gardens and urge all citizens to show their support and expand the awareness of the purchasing professionals' role to governmental officials, the general public, business and corporate leaders. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 6`j` day of March in the Year of our Lord, Two Thousand Fourteen. Mayor Robert G. Premuroso Attest. Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 6, 2014 Ordinance 2, 2014 Subject/Agenda Item: City -Initiated Small -Scale Comprehensive Plan Amendment of a Parcel Located at the Northwest Corner of Roan Lane and Northlake Boulevard Second Reading and Adoption: A City -initiated Small-scale Comprehensive Plan Amendment to provide a City Future Land Use (FLU) designation of Commercial to a 1.68-acre parcel located at the northwest corner of Northlake Boulevard and Roan Lane, recently annexed into the City that currently has a County FLU designation of Commercial High. [X] Recommendation to APPROVE [ ] Recommendation to DENY Review d by: Originating Dept.: Finance: Council Action: Director of Planning and Planning & Zoning: Accountant [ ] Approved Zoni g Project Manager [ ] Approved w/ N/A Tresha Thomas Conditions [ ]Denied Tamashbeen Rahman, Planner Fees Paid: N/A [ ] Continued to: at lie M. Crowley, AICP Development Compliance and oning Manager [ ]Quasi —Judicial Funding Source: [X] Legislative [ ]Operating [X] Public Hearing [X] Other N/A areh Wolfs, AICP Advertised: Attachments: [X] Required Budget Acct.#: N/A . FLU Amendment City Attorney Location Map [ ] Not Required Contract/Agreement: Date: 2.19.14 Effective Date: • Ordinance 2, 2014 Paper: Palm Beach N/A R. x ohman, Esq. Post Expiration Date: Approved By: Affected parties: City Manager N/A [X] Notified [ ] Not Required Rona d . Fe is Meeting Date: March 6, 2014 Ordinance 2, 2014 Page 2 of 4 EXECUTIVE SUMMARY A parcel located at the northwest corner of Northlake Boulevard and Roan Lane was annexed into the City on November 7, 2013 (see location map below). In accordance with state law, a City land -use designation is necessary. The City -initiated Small-scale Comprehensive Plan Amendment will change the land use of the 1.68-acre parcel from Commercial High (CH) in Palm Beach County to Commercial (C) in the City. The Future Land Use Map will also be updated. Staff recommends approval of the subject petition. \orthhke Conmms (Palm Beach Gwdma) = MJunsdidianalBoundaV BACKGROUND In 1967, two (2) parcels were annexed into the City via Ordinance 19, 1967: the Shell Gas Station (3905 Northlake Boulevard) and a small portion of the parking lot for the former Capital Lighting parcel. The remainder of the parking lot and the building itself were not annexed into the City at that time. A zoning designation of General Commercial (CG1) was assigned to the parcels via Ordinance 20, 1967. On November 7, 2013, the subject site was annexed into the City via Ordinance 18, 2013. LAND USE & ZONING The subject site currently has a Palm Beach County future land -use designation of Commercial High, and a County zoning designation of General Commercial. The subject site is adjacent to Edwin Watt's Golf to the east, 1-95 to the west, Northlake Boulevard to the south, and a vacant piece of land in unincorporated Palm Beach County to the north. The existing uses, zoning districts, and future land -use designations of adjacent properties are summarized in Table 1 below: TABLE 1. ZONING CLASSIFICATIONS AND LAND -USE DESIGNATIONS EXISTING USE ZONING FUTURE LAND USE Subject Propertv General Commercial Crunch Fitness (CG) Commercial High (CH) City of Palm Beach Gardens Palm Beach County Palm Beach County North General Commercial Commercial High (CH) Vacant Parcel (CG) Palm Beach County Palm Beach County Palm Beach Count West Inns of America; Sunoco Gas Intensive Commercial Commercial (C) Station and Car Wash (CG2) Palm Beach Gardens Palm Beach Gardens Palm Beach Gardens South General Commercial Commercial (C) Northlake Commons (CG1) Palm Beach Gardens Palm Beach Gardens Palm Beach Gardens East General Commercial Commercial (C) Edwin Watt's Golf (CG1) Palm Beach Gardens Palm Beach Gardens Palm Beach Gardens CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The proposed future land -use map amendment is consistent with the City's Comprehensive Plan. The proposed future land -use (FLU) designation of Commercial is consistent with the adjacent commercial properties located within the City of Palm Beach Gardens to the south, east, and west of the subject site. LEVEL OF SERVICE ANALYSIS The parcel is currently serviced by the City of Palm Beach Gardens, Seacoast Utility Authority, and Solid Waste Authority, all of which will continue to service the subject property. Commercial is the most compatible City FLU designation, and the proposed amendment will not pose a negative impact on the public facilities in the area. Meeting Date: March 6, 2014 Ordinance 2, 2014 Page 4 of 4 The future land -use amendment has been analyzed relative to the provision of adequate urban services. All service providers, including Seacoast Utility Authority, Solid Waste Authority, Fire and Police Departments, have confirmed that there will be adequate capacity available for water, sewer, solid waste, drainage, police, and fire services. Table 2 (below) shows the level of service (LOS) impact from the proposed future land use amendment compared to the current future land use designation. The LOS standards will remain the same once the site will be provided a City FLU designation of Commercial compared to the current FLU designation of Commercial High in the County. Table 2. LOS Impact Analysis of f o Level Maximum Impact Maximum Impact Net Change from Service Service under Current under Proposed Commercial Provided Standards Commercial High City Commercial High (CH) to (CH) (C) Commercial C Water 191 191 gpd/capita 191 gpd/capita - d/capita Sewer 107 107 gpd/capita 107 gpd/capita - d/capita Solid 7.13 7.13 7.13 - Waste Ibs/da /capita Ibs/da /ca ita Ibs/da /capita COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) The subject petition was reviewed by members of the DRC. No comments or objections were received. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS On December 12, 2013, the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) was notified of the proposed amendment. No comments or objections were received. PLANNING, ZONING, AND APPEALS BOARD (PZAB) At the January 14, 2014, public hearing, the PZAB voted 7 to 0 to recommend approval of the subject petition. CITY COUNCIL On February 6, 2014, the City Council approved Ordinance 2, 2014 on first reading by a vote of5to0. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 2, 2014 as presented on second reading. W1 Blvd Small -Scale Comprehensive Plan Amendment of a 1.65-acre Property mm�Nordilake. Blvd Current Future Land Use (FLU): Commercial High (County) Proposed Future Land Use (FLU): Commercial (City) PAS BYACH GARDSMS it ewfgwPa bliw. MR.vl dpf�' 1 ORDINANCE 2, 2014 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA ADOPTING A SMALL SCALE 5 AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN 6 ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 7 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO 8 APPLICATION NO. CPSS-13-11-000005, WHICH PROVIDES FOR 9 AN AMENDMENT TO THE CITY'S FUTURE LAND USE MAP BY 10 DESIGNATING ONE (1) PARCEL OF REAL PROPERTY 11 COMPRISING APPROXIMATELY ONE AND 68/100 (1.68) ACRES 12 IN SIZE, MORE OR LESS, AS "(C) COMMERCIAL"; SUCH PARCEL 13 BEING LOCATED GENERALLY AT THE NORTHEAST CORNER OF 14 NORTHLAKE BOULEVARD AND 1-95; PROVIDING FOR 15 COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, 16 FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO DEO; 17 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, 18 AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; 19 AND FOR OTHER PURPOSES. ill 21 WHEREAS, the City Council, as the governing body of the City of Palm Beach 22 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 23 Statutes, and the City's Land Development Regulations (LDRs), is authorized and 24 empowered to consider petitions related to zoning and land development orders; and 25 26 WHEREAS, the subject site was annexed into the City of Palm Beach Gardens 27 on November 7, 2013; and 28 29 WHEREAS, pursuant to Section 171.204, Florida Statutes, a City Future Land 30 Use Map amendment is necessary to provide the subject site a City land -use 31 designation; and 32 33 WHEREAS, the City recognizes that providing this parcel with a land -use 34 designation of Commercial (C) will provide the most appropriate land -use designation 35 for the site; and 36 37 WHEREAS, the Planning and Zoning Department has reviewed the application, 38 has determined that it is sufficient and consistent with the City's Comprehensive Plan 39 and Land Development Regulations, and has recommended approval; and 40 41 WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on 42 January 14, 2014, and has recommended approval of the rezoning to the City Council 43 with a vote of 7 to 0; and 44 45 WHEREAS, the City Council finds that the subject amendment is consistent with 46 the City's Comprehensive Plan; and Page 1 of 3 Ordinance 2, 2014 1 WHEREAS, the City Council finds that the subject amendment is consistent with 2 Sections 163.3184 and 163.3187, Florida Statutes, and that the City shall maintain 3 compliance with all provisions thereof; and 4 5 WHEREAS, the City has received public input and participation through public 6 hearings before the Local Planning Agency and the City Council in accordance with 7 Section 163.3181, Florida Statutes; and 8 9 WHEREAS, the City Council deems approval of this Ordinance to be in the best 10 interests of the health, safety, and welfare of the residents and citizens of the City of 11 Palm Beach Gardens and the public at large; and 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF PALM BEACH GARDENS, FLORIDA that: 15 16 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 17 18 SECTION 2. The Future Land Use Map of the City's Comprehensive Plan is 19 hereby amended in accordance with Exhibit "B", which is attached hereto and incorporated 20 herein, such that the subject parcel shall now have the future land -use designation of 21 Commercial (C), and is legally described as follows: 22 23 (See Exhibit "A" for Legal Description) 24 25 SECTION 3. Should any section or provision of this Ordinance or any portion 26 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 27 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 28 29 SECTION 4. The City's Planning and Zoning Director is hereby directed to 30 transmit the proposed Comprehensive Plan Amendment to the Florida Department of 31 Economic Opportunity (DEO) and other appropriate public agencies. 32 33 SECTION 5. This amendment shall become effective thirty-one (31) days after 34 adoption. If this amendment is challenged within thirty (30) days after adoption, it shall 35 not become effective until the state land planning agency or the Administration 36 Commission, respectively, issues a final order determining the adopted small scale 37 development amendment is in compliance. 38 39 SECTION 6. All ordinances or parts of ordinances in conflict be and the same are 40 hereby repealed. 41 42 SECTION 7. Should any section or provision of this Ordinance or any portion 43 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 44 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 45 46 Page 2 of 3 Ordinance 2, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this 6 day of F6%RJn2 , 2014, upon first reading. PASSED AND ADOPTED this second and final reading. CITY OF PALM BEACH GARDENS 31 Robert G. Premuroso, Mayor Eric Jablin, Vice Mayor Joseph R. Russo, Councilmember Marcie Tinsley, Councilmember David Levy, Councilmember ATTEST: M. Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney day of , 2014, upon FOR AGAINST ABSENT G:\attorney_share\ORDINANCES\2014\Ordinance 2 2014-small scale comp plan amendment.doc Page 3of3 Ordinance 2, 2014 EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18; THENCE DUE EAST ALONG THE SOUTH LINE OF SAID SECTION 18 AND THE CENTERLINE OF S.R. 850 AKA NORTHLAKE BOULEVARD, A DISTANCE OF 579.76 FEET; THENCE N00°10'30"E, ALONG THE WEST RIGHT-OF-WAY LINE OF ROAN LANE, A DISTANCE OF 191.15 FEET TO THE POINT OF BEGINNING: THENCE S89°58'14"W, A DISTANCE OF 200.00 FEET; THENCE S00°10'30"W, A DISTANCE OF 91.04 FEET; THENCE DUE WEST A DISTANCE OF 31.75 FEET; THENCE N48°59'27"W ALONG THE EASTERLY RIGHT-OF- WAY LINE OF 1-95 HIGHWAY, A DISTANCE OF 152.40 FEET; THENCE N08024'12"W, ALONG SAID EASTERLY LINE A DISTANCE OF 172.80 FEET; THENCE N89058'14"E, A DISTANCE OF 372.83 FEET; THENCE S0010'30"W ALONG THE WEST RIGHT-OF-WAY LINE OF ROAN LANE A DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.66 ACRES, MORE OR LESS. ALONG WITH: DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY ABANDONMENT THE PARTIALLY OVERLAPPING PARCEL PREVIOUSLY DEDICATED TO AND NOW ABANDONED AND GRANTED BY FLORIDA DEPARTMENT OF TRANSPORTATION, SAID ABANDONMENT AND GRANTING RECORDED IN OFFICIAL RECORDS BOOK 6780, PAGE 1584 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND DESCRIBED AS FOLLOWS: PARCEL NO. 128 - SECTION 93220-2402: THAT PART OF ELTON SUBDIVISION, AN UNRECORDED PLAT IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 18; THENCE S88001'16"E ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCE OF 214.85 FEET (MIS -TYPED IN RECORD AS 274.85 FEET); THENCE N02013'09"E, A DISTANCE OF 317.50 FEET TO A POINT ON THE EASTERLY EXISTING LIMITED ACCESS RIGHT- OF-WAY, FOR S.R 9 (1-95) AND THE POINT OF BEGINNING; THENCE N06°25'28"W ALONG SAID EASTERLY EXISTING LIMITED ACCESS RIGHT-OF-WAY, A DISTANCE OF 130.88 FEET; THENCE S87°48'00"E, A DISTANCE OF 19.67 FEET; THENCE S02013'09"W OF 129.40 FEET TO THE POINT OF BEGINNING. RESERVING UNTO SAID GRANTOR ALL RIGHT OF ACCESS, INGRESS, EGRESS, LIGHT, AIR AND VIEW ALONG THE WEST LINE OF THE ABOVE PARCEL. SUBJECT TO RESTRICTIONS, RESERVATIONS, CONDITIONS, AND EASEMENTS OF RECORD, AND UTILITIES REMAINING IN PLACE AND IN USE. Ordinance 2, 2014 EXHIBIT "B" 11141ml fall E1,11111 a lffmtmll allml I min 111010 Ito ---------- z Z T SIT I Ic" - *��'��,SUBJE SITE e kv 61 W --&* I �, . ' �Xo" m Feet 0 0 62.5 125 250 375 500 CH -COMMERCIAL HIGH RM -RES16ENTIAL MEDIUM CH/8 - COMMERCIAL HIGH I C -COMMERCIAL HR12 - RESIDENTIAL HIGH NORTHLAKE BOULEVARD OVERLAY ZONE (NBOZ) MRS - RESIDENTIAL LOW MUNICIPAL BOUNDARY CreMod innImr., 17 2014 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 6, 2014 Ordinance 3, 2014 Subject/Agenda Item: City -Initiated Rezoning of a Parcel Located at the Northwest Corner of Roan Lane and Northlake Boulevard Second Reading and Adoption: A City -initiated rezoning petition to provide a City zoning designation of General Commercial (CG1) to a 1.36-acre parcel located at the northwest corner of Northlake Boulevard and Roan Lane, recently annexed into the City, that currently has a County zoning designation of General Commercial. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: Council Action: Directol of Planning and Planning & Zoning: Accountant [ ] Approved Zoning Project Manager [ ] Approved w/ N/A Conditions Tresha Thomas [ ] Denied Tamashbeen Rahman, Planner Fees Paid: N/A [ ] Continued to: �Vie M. Crowley, AICP Development Compliance and Zoning Manager [X] Quasi —Judicial Funding Source: [ ] Legislative A [ ] Operating ,AcW [X] Public Hearing [X] Other N/A a areh Wolfs, AICP Advertised: Attachments: [X] Required Budget Acct.#: N/A a Rezoning Location City Attor Map [ ] Not Required Contract/Agreement Date: 2.19.14 Effective Date: • Ordinance 3, 2014 Paper: Palm Beach N/A R.Max L man, Esq. Post Expiration Date: Approved By: Affecte parties: City Manager N/A [X] Notified [ Not Required Rona d . Fe s Meeting Date: March 6, 2014 Ordinance 3, 2014 Page 2 of 4 EXECUTIVE SUMMARY A parcel located at the northwest corner of Northlake Boulevard and Roan Lane was annexed into the City on November 7, 2013 (see location map below). This petition will rezone the 1.36-acre parcel from General Commercial (CG) in the County to provide a City zoning designation of General Commercial (CG1). Staff recommends approval of the subject petition. I•_r � fi �� � AWLiq,wt L,s,f ?,Nt" a Assn= ,j� SiaSi(Pat� (PadieE� Bdo h ci!( oer) GvdPW l�cs Cc ana� td tsmkGQdna BACKGROUND am;T� ILEiwa sit's Ysesd P 's 4P Ba=h Shell Gu Sbewi& (PaimBe=h Gm Northlake Cononm IF (Pab►t Baxh Gars) = PBG ufis,s...cona1Boimday In 1967, two (2) parcels were annexed into the City via Ordinance 19, 1967: the Shell Gas Station (3905 Northlake Boulevard) and a small portion of the parking lot for the former Capital Lighting parcel. The remainder of the parking lot and the building itself were not annexed into the City at that time. A zoning designation of General Commercial (CG1) was assigned to the parcels via Ordinance 20, 1967. On November 7, 2013, the 1.36-acre parcel was annexed into the City via Ordinance 18, 2013. Meeting Date: March 6, 2014 Ordinance 3, 2014 Page 3 of 4 LAND USE & ZONING The subject site currently has a Palm Beach County future land -use designation of Commercial High, and a County zoning designation of General Commercial. The subject site is adjacent to Edwin Watt's Golf to the east, 1-95 to the west, Northlake Boulevard to the south, and a vacant piece of land in unincorporated Palm Beach County to the north. The existing uses, zoning districts, and future land -use designations of adjacent properties are summarized in Table 1 below: TABLE 1. ZONING CLASSIFICATIONS AND LAND -USE DESIGNATIONS EXISTING USE ZONING FUTURE LAND USE Subject Property General Commercial Crunch Fitness (CG) Commercial High (CH) City of Palm Beach Gardens Palm Beach County Palm Beach County North General Commercial Commercial High (CH) Vacant Parcel (CG) Palm Beach County Palm Beach County Palm Beach Count West Inns of America; Sunoco Gas Intensive Commercial Commercial (C) Station and Car Wash (CG2) Palm Beach Gardens Palm Beach Gardens Palm Beach Gardens South General Commercial Commercial (C) Northlake Commons (CG1) Palm Beach Gardens Palm Beach Gardens Palm Beach Gardens East Edwin Watt's Golf General Commercial (CG1) Commercial (C) Palm Beach Gardens Palm Beach Gardens Palm Beach Gardens CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The proposed rezoning is consistent with the City's Comprehensive Plan and is compatible with the proposed future land -use (FLU) designation of the site and with the future land -use designation of adjacent properties. STAFF ANALYSIS The parcel is currently serviced by the City of Palm Beach Gardens, Seacoast Utility Authority, and Solid Waste Authority, all of which will continue to service the subject property. The proposed rezoning will not pose a negative impact on the public facilities in the area. Meeting Date: March 6, 2014 Ordinance 3, 2014 Page 4 of 4 The subject site's proposed zoning designation is the most compatible zoning designation that the City has. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) The subject petition was reviewed by members of the DRC. No comments or objections were received. PLANNING, ZONING, AND APPEALS BOARD (PZAB) At the January 14, 2014, public hearing, the PZAB voted 7 to 0 to recommend approval of the subject petition. CITY COUNCIL On February 6, 2014, the City Council approved Ordinance 3, 2014 on first reading by a vote of 5 to 0. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 3, 2014 as presented on second reading. iw I Blvd Rezoning of a 1.36-acre Property r� 4 Northlake Blvd _Notthlake I ft wool,, rI � 1 Current Zoning: General Commercial (County) Proposed Zoning: General Commercial (City) PALL BEACH GARDENS ArrPyv yfoc. n IMt AviL wm! dpra�' I ORDINANCE 3, 2014 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA REZONING CERTAIN REAL 6 PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF 7 PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF 8 REAL PROPERTY TOTALING 1.36 ACRES IN SIZE, MORE OR 9 LESS, LOCATED AT THE NORTHEAST CORNER OF NORTHLAKE 10 BOULEVARD AND 1-95; PROVIDING THAT THIS PARCEL OF 11 REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED 12 HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION 13 OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE 14 ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE 15 AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, 16 A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 17 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 18 19 20 WHEREAS, the City Council, as the governing body of the City of Palm Beach 21 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 22 Statutes, and the City's Land Development Regulations (LDRs), is authorized and 23 empowered to consider petitions related to zoning and land development orders; and 24 25 WHEREAS, the subject site was annexed into the City of Palm Beach Gardens 26 on November 7, 2013; and 27 28 WHEREAS, the subject site was assigned a City of Palm Beach Gardens future 29 land -use designation of Commercial (C); and 30 31 WHEREAS, the proposed rezoning of General Commercial (CG-1) is consistent 32 with the future land -use designation of Commercial (C); and 33 34 WHEREAS, the Planning and Zoning Department has reviewed the application, 35 has determined that it is sufficient and consistent with the City's Comprehensive Plan 36 and Land Development Regulations, and has recommended approval; and 37 38 WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on 39 January 14, 2014, and has recommended approval of the rezoning to the City Council 40 with a vote of 7 to 0; and 41 42 WHEREAS, based upon such evidence and testimony the City Council has 43 determined that this Ordinance is consistent with the City's Comprehensive Plan based 44 on the following findings of fact: 45 46 Page 1 of 3 Ordinance 3, 2014 1 1. The proposed rezoning of General Commercial (CG-1) is consistent with the 2 future land -use designation of Commercial (C); and 3 4 2. The proposed rezoning is in harmony with the general purpose and intent of 5 the Comprehensive Plan and the Land Development Regulations, and is 6 compatible with the intensity and density of the surrounding, existing, and 7 future land uses; and 8 9 WHEREAS, the City Council deems approval of this Ordinance to be in the best 10 interest of the health, safety, and welfare of the residents and citizens of the City of 11 Palm Beach Gardens and the public at large. 12 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OF PALM BEACH GARDENS, FLORIDA that: 16 17 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 18 19 SECTION 2. The City's Zoning Map is hereby amended in accordance with Exhibit 20 "B", which is attached hereto and incorporated herein, such that the subject parcel shall 21 now have the City zoning designation General Commercial (CG1) and is legally 22 described as follows: 23 24 (See Exhibit "A" for Legal Description) 25 26 SECTION 3. The City Zoning Map is hereby amended to conform to this 27 Ordinance, and the City Manager is hereby authorized and directed to make appropriate 28 changes to the City Zoning Map. 29 30 SECTION 4. All ordinances or parts of ordinances in conflict be and the same 31 are hereby repealed. 32 33 SECTIONS. Should any section or provision of this Ordinance or any portion 34 thereof, any paragraph, sentence, or word be declared by a Court of competent 35 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 36 this Ordinance. 37 38 SECTION 6. This Ordinance shall become effective thirty-one (31) days after 39 adoption of Ordinance 2, 2014 or upon the date a final order is issued by the 40 Department of Economic Opportunity or Administration Commission finding Ordinance 41 2, 2014 in compliance, whichever is applicable. No development orders, development 42 permits, or land uses dependent on this amendment may be issued or commence 43 before it has become effective. 44 45 46 Page 2of3 Ordinance 3, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this j day of F(fCiggAt j 2014, upon first reading. PASSED AND ADOPTED this day of 2014, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Robert G. Premuroso, Mayor Eric Jablin, Vice Mayor Joseph R. Russo, Councilmember Marcie Tinsley, Councilmember David Levy, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney G:\attorney—share\ORDINANCES\2014\Ordinance 3 2014-rezoning.doc FOR AGAINST ABSENT Page 3 of 3 Ordinance 3, 2014 EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18; THENCE DUE EAST ALONG THE SOUTH LINE OF SAID SECTION 18 AND THE CENTERLINE OF S.R. 850 AKA NORTHLAKE BOULEVARD, A DISTANCE OF 579.76 FEET; THENCE N00010'30"E, ALONG THE WEST RIGHT-OF-WAY LINE OF ROAN LANE, A DISTANCE OF 191.15 FEET TO THE POINT OF BEGINNING: THENCE S89°58'14"W, A DISTANCE OF 200.00 FEET; THENCE S00°10'30"W, A DISTANCE OF 91.04 FEET; THENCE DUE WEST A DISTANCE OF 31.75 FEET; THENCE N48°59'27"W ALONG THE EASTERLY RIGHT-OF- WAY LINE OF 1-95 HIGHWAY, A DISTANCE OF 152.40 FEET; THENCE N08024'12"W, ALONG SAID EASTERLY LINE A DISTANCE OF 172.80 FEET; THENCE N89058'14"E, A DISTANCE OF 372.83 FEET; THENCE S0010'30"W ALONG THE WEST RIGHT-OF-WAY LINE OF ROAN LANE A DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNING. LESS THE WEST 162 FEET OF THE EAST 182 FEET OF THE SOUTH 90 FEET OF THE NORTH 140 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, ALL OF THE ABOVE LYING & BEING IN SECTION 18, TOWNSHIP 42 S, RANGE 43 E, PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY ABANDONMENT THE PARTIALLY OVERLAPPING PARCEL PREVIOUSLY DEDICATED TO AND NOW ABANDONED AND GRANTED BY FLORIDA DEPARTMENT OF TRANSPORTATION, SAID ABANDONMENT AND GRANTING RECORDED IN OFFICIAL RECORDS BOOK 6780, PAGE 1584 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND DESCRIBED AS FOLLOWS: PARCEL NO. 128 - SECTION 93220-2402: THAT PART OF ELTON SUBDIVISION, AN UNRECORDED PLAT IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 18; THENCE S88001'16"E ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCE OF 214.85 FEET (MIS -TYPED IN RECORD AS 274.85 FEET); THENCE N02013'09"E, A DISTANCE OF 317.50 FEET TO A POINT ON THE EASTERLY EXISTING LIMITED ACCESS RIGHT- OF-WAY, FOR S.R 9 (1-95) AND THE POINT OF BEGINNING; THENCE N06°25'28"W ALONG SAID EASTERLY EXISTING LIMITED ACCESS RIGHT-OF-WAY, A DISTANCE OF 130.88 FEET; THENCE S87°48'00"E, A DISTANCE OF 19.67 FEET; THENCE S02013'09"W OF 129.40 FEET TO THE POINT OF BEGINNING. RESERVING UNTO SAID GRANTOR ALL RIGHT OF ACCESS, INGRESS, EGRESS, LIGHT, AIR, AND VIEW ALONG THE WEST LINE OF THE ABOVE PARCEL. SUBJECT TO RESTRICTIONS, RESERVATIONS, CONDITIONS, AND EASEMENTS OF RECORD, AND UTILITIES REMAINING IN PLACE AND IN USE. Ordinance 3, 2014 EXHIBIT "B" CURRENT ZONING MAP IIN PALM BEACH COUNTY .lob 1 ■r rj - T■u■n■n■u■n■u■n■n■rrl■nAu■n■n■n■rrn -__ 0110 �■u■n■n■n■rr■n� ■ z J f' SUBJECT SITE •I,''Ir Jim- it•0��� ,OW N M r low POW ■1���-011111- Feet 0 62.5 125 250 375 500 GENERAL COMMERCIAL DISTRICT RM - RESIDENTIAL MEDIUM DENSITY X - MULTI -FAMILY RESIDENTIAL (MEDIUM DENSITY) DISTRICT CG1 -GENERAL COMMERCIAL NORTHLAKE BOULEVARD OVERLAY ZONE (NBOZ) CG2 - INTENSIVE COMMERCIAL MUNICIPAL BOUNDARY Created January 17, 2014 Source: P13G-Planning & Zonln r �j 6 l� u PROPOSED REZONING MAP REZN-13-11-000016 11 !!S!#71101""Joy,=�r�r Rs!� g �■tt�n�rn�tt�rtivu -� Z !s . J� Z +tt.n ■ - 1 i _ tY �i .Y SUBJECT SITE s ,, . I' I Feet 0 62.5 125 250 375 500 GENERAL COMMERCIAL DISTRICT RM - RESIDENTIAL MEDIUM DENSITY - MULTI -FAMILY RESIDENTIAL (MEDIUM DENSITY) DISTRICT{ CG1 - GENERAL COMMERCIAL NORTHLAKE BOULEVARD OVERLAY ZONE (NBOZ) CG2 - INTENSIVE COMMERCIAL MUNICIPAL BOUNDARY Created January 17, 2014 Source: PBiG-Planning & Zoning CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 6, 2014 Ordinance 5, 2014 Resolution 11, 2014 Subject/Agenda Item: Northlake Sunoco Gas Station and Car Wash Rezoning and Site Plan Approval Second Reading and Adoption: A request by GK, LLC to rezone a 1.22-acre parcel known as the Northlake Sunoco Gas Station and Car Wash, located at the northwest corner of Northlake Boulevard and 1-95, from Intensive Commercial (CG-2) to Planned Unit Development (PUD) with an underlying zoning designation of General Commercial (CG-1). The Applicant is also requesting approval of a Site Plan Amendment to accommodate an additional car wash lane and canopy structure to the existing car wash. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: Council Action: Dire cto of Planning and Planning & Zoning: Acco [ ] Approved Zoning Project Manager [ ] Approved w/ Conditions Tresh Thomas [ ] Denied Tamashbeen Rahman, Planner Fees Paid: N/A [ ] Continued to: �(Oie M. Crowley, AICP Development Compliance and Zoning Manager [X] Quasi —Judicial Funding Source: IPI [ ] Legislative [ ]Operating ar �w [X] Public Hearing [X] Other N/A AICP a areh Wolfs, Advertised: Attachments: [X] Required Budget Acct.#: N/A . Location Map City A [ ] Not Required Contract/Agreement • Development Date: 2.19.14 Effective Date: Application Paper: Palm Beach N/A R. IV L man, Esq. Post Expiration Date: • Project Narrative • Ordinance 5, 2014 Approved By: cted parties: City Man er N/A e Resolution 11, 2014 [X] Notified Ronald 4. Fer is [ ] Not Required Meeting Date: March 6, 2014 Ordinance 5, 2014 Resolution 11, 2014 Page 2 of 6 EXECUTIVE SUMMARY The owner of the subject property, GK, LLC has requested approval to rezone the 1.22- acre site, located at the northwest corner of Northlake Boulevard and 1-95, from Intensive Commercial (CG-2) to Planned Unit Development (PUD) with an underlying zoning designation of General Commercial (CG-1). The Applicant is also requesting approval of a Site Plan Amendment to accommodate an additional car wash lane and canopy structure with one (1) waiver to allow a canopy structure to encroach into the rear setback. Staff recommends approval. BACKGROUND The Northlake Sunoco Gas Station and Car Wash received original site plan approval in 1989. In 2011, the subject site received a minor conditional use approval to allow for improvements to the existing gas station and car wash, which allowed a full service car wash with detailing. Most recently, an administrative petition was approved to allow new pavement striping, an additional canopy for the accessory car wash use, and landscape enhancements. Land Use & Zoning The land use designation of the subject property as shown on the City's Future Land Use Map is Commercial (C). The site is currently zoned Intensive Commercial (CG2). The site is also located within the West District of the Northlake Boulevard Overlay Zone (NBOZ). The zoning and land use designations of adjacent properties are as follows: (The remainder of this page intentionally left blank) Meeting Date: March 6, 2014 Ordinance 5, 2014 Resolution 11, 2014 Page 3 of 6 ZONING CLASSIFICATION & LAND USE DESIGNATIONS OF ADJACENT PROPERTIES EXISTING USE ZONING LAND USE Subiect Property Sunoco Gas Station and Car Intensive Commercial (CG-2) Commercial (C) Wash North Inns of America Intensive Commercial (CG-2) Commercial (C) South General Commercial (CG-1); Diver's Direct; Planned Unit Development Commercial (C) Gordon and Doner PUD (PUD) with underlying General Commercial CG-1 East 1-95 N/A N/A West ABC Fine Wine & Spirits Intensive Commercial CG-2 Commercial (C) The petition will rezone the 1.22-acre site from Intensive Commercial (CG-2) to a Planned Unit Development (PUD) with an underlying zoning designation of General Commercial (CG-1). The proposed rezoning to PUD/CG-1 is compatible with the zoning designations and uses of surrounding properties. A gas station and car wash are allowed in General Commercial (CG-1) zoning districts as minor conditional uses. Project Details Project Site The south property line of the 1.22-acre site fronts Northlake Boulevard. There are two (2) one (1)-story structures on the site: A 943 square -feet gas station and convenience store, and a 761 square -feet car wash with one (1) lane and one (1) auto -detailing bay. The Applicant is requesting approval for an additional car wash lane with a canopy structure that is proposed to be setback eight (8)-feet from the rear property line; the requirement is 15 feet (see waiver analysis). Access One (1) existing access point provides egress and ingress to the site from Northlake Boulevard. There is a private cross -access agreement that allows the property to the north, Inns of America, to be accessed through the subject site. Meeting Date: March 6, 2014 Ordinance 5, 2014 Resolution 11, 2014 Page 4 of 6 Signage The Applicant is proposing signs that are permitted by the City's Land Development Regulations (LDRs) including a menu -board sign and canopy signs for drive -through facilities. The proposed signs meet the Code requirements of Table 24 in Section 78- 285, Permitted Signs. Parkinq The Code requires parking to be provided at a ratio of one (1) space per 200 square feet plus two (2) spaces per bay for convenience store with gas sales. The car wash is subject to the Code requirement for convenience store with gas sales since it is an accessory structure. Accordingly, five (5) spaces are required for the gas station and eight (8) spaces are required for the car wash, totaling 13 spaces for the entire site. The site currently has six (6) spaces. With the addition of the canopy structure, two (2) additional parking spaces are required for the site, totaling 15 spaces. The Applicant is providing three (3) additional parking spaces, for a total of nine (9) spaces for the site, reducing the overall nonconformity by one (1) space. Drainage Drainage for the existing site has been designed in accordance with the requirements of South Florida Water Management District (SFWMD), Palm Beach County, and other regulatory agencies. Seacoast Utility Authority has reviewed and accepted the proposal to ensure the subject site with its network of pipes, catch basins, swale, grass retention area, and French drain can meet the water quality standards for site runoff. The Applicant will be required to comply with Environmental Planning Agency (EPA) and Department of Environmental Protection (DEP) National Pollutant Discharge Elimination System (NPDES) permit requirements. The Applicant will also provide for the collection of prewash and wash water, and discharge to a recycle system or the sanitary sewer per the requirements of the City Engineer and Seacoast Utility Authority. Architecture The Applicant is proposing an additional canopy structure 12 feet in height and 65 feet long for the manual car wash. The proposed canopy is a temporary structure with an awning and four (4) posts (please find attached building elevations). The proposed canopy is consistent with the colors of the existing gas station, car wash, and canopy structure, and incorporates the colors, Royal Blue and white. The canopy is also architecturally consistent with the existing canopy in terms of the colors and materials proposed with a blue awning and white posts. Meeting Date: March 6, 2014 Ordinance 5, 2014 Resolution 11, 2014 Page 5 of 6 Landscaping In order to accommodate the proposed car wash lane and canopy structure, one (1) Live Oak tree will be removed along the north property line. The Applicant will be required to mitigate for the loss of this tree by providing an additional Live Oak tree at the southeast corner of the site. In addition, the Applicant is proposing to relocate three (3) Sabal Palms from the north property line to the retention area east of the car wash lane, and is proposing to provide an eight (8)-foot tall Clusia hedge along the north property line in the landscape buffer adjacent to the canopy structure that will serve as an opaque buffer. The Applicant is proposing to relocate the existing mechanical equipment in the landscape buffer that will be screened with a green vinyl -coated chain link fence with slats. In addition, per Section 78-324, Roadway Beautification Plan, the Applicant is proposing to landscape and maintain the right-of-way along Northlake Boulevard owned by FDOT and is proposing Crape Myrtles and shrubs. Waiver Request The purpose and intent of planned developments whether a PUD or PCD, is to encourage Applicants to propose projects that are innovative, creative and utilize current planning design and architectural concepts and elements that will provide a greater public benefit. Section 78-158 Waivers to planned development district requirements allow for certain standards and requirements to be waived when it can be demonstrated that the requested waiver complies with and is in accordance with the criteria within this section. The Applicant is requesting one (1) waiver with this petition: Cade Section Requirement " ropose Waiver Staff Support 78-153 Nonresidential 7Zoning 15 feet minimum Eight (8) Seven (7) (1) District building setback feet feet Approval Regulations, Table 12 1) The Code requirement for the rear setback for the subject property is 15 feet. Section 78-181, Uses, requires accessory uses to be subject to the same setback requirement as the principal structure. The Applicant is requesting approval of a canopy structure that is temporary in nature and can be removed in the future. The canopy structure will provide a shaded area where the cars can be manually washed. The Applicant is requesting that the canopy structure be allowed to be setback eight (8) feet from the rear property line, requiring a waiver to allow the structure to encroach into the rear setback by seven (7)-feet. Meeting Date: March 6, 2014 Ordinance 5, 2014 Resolution 11, 2014 Page 6 of 6 Currently on site, there is one (1) car wash lane with a landscape buffer that abuts the north property line. On the property line, there is a four (4)-foot tall chain link fence with a two (2)-foot tall Schefflera hedge. On the north side of the chain -link fence, the Inns of America commercial property has a two (2)-foot tall Cocoplum hedge and one (1) Live Oak tree in their buffer area prior to their entrance drive and parking area. To reduce any adverse visual impacts to the Inns of America property, an eight (8)- foot tall and six (6)-foot wide Clusia hedge will be provided in the landscape buffer adjacent to the north side of the new drive lane as an opaque buffer along the four (4)-foot tall chain -link fence. The proposed hedge will mitigate the impact of having an expanded car wash use. The additional lane and canopy structure will help decrease traffic concerns by providing more stacking distance for cars waiting for washing and detailing. Based on this justification, the proposed hedge screening, and the mitigation of the existing tree, staff supports the waiver request. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) The application was submitted to the City of Palm Beach Gardens on August 2, 2013, and deemed sufficient for review on August 13, 2013. The subject petition was reviewed by the DRC on September 10, 2013. At this time, all comments related to the project have been satisfied, and conditions of approval have been recommended. The proposed Rezoning and Site Plan Approval, together with the proposed conditions of approval, meet the City's Land Development requirements. PLANNING, ZONING, AND APPEALS BOARD (PZAB) At the January 14, 2014, public hearing, the PZAB voted 7 to 0 to recommend approval of the subject petition. CITY COUNCIL On February 6, 2014, the City Council approved Ordinance 5, 2014 on first reading by a vote of 5 to 0. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 5, 2014 and Resolution 11, 2014 as presented on second reading. k, it i A Jmaoetv Date 12112011 1995 26'48*38 38"N 80'06'05 85, W clev 0 ft illo, I Eye alt 27 ! CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: rPlanned Community Development (PCD) (7Planned Unit Development (PUD) rAmendment to PCD, PUD or Site Plan [—Conditional Use rAmendment to the Comprehensive Plan rAdministrative Approval r Administrative Appeal Project Name: Northlake Sunoco rAnnexation J7Rezoning F/Site Plan Review f-Concurrency Certificate r Time Extension r Miscellaneous (7Other tWowto PDD Date Submitted: t Owner: CK. LLC: I K , owner of record Applicant(if notOwner): Applicant's Address, 4109 Northlake Boulevard TelephoneNo. 561-723-8610 Agent: David L. Carpenter & Associates Landscape Architects & Planners Contact Person: David L. Carpenter E-Mail: dlca(Mbellsouth.net Agent's Mailing Address: 925 Bear Island Circle West Palm Beach, Florida 33409 Agent's TelephoneNumber: 561-686-9520 pate & Time Recelved: Reftivod Ton�S •�umbeM��p�`? • Architect: NIA Engineer: AEC, Inc. Shiv Shahi 500 Village Square Crossing Suite #203 Planner: David L. Carpenter & Associates Landscape Architects & Planners., Landscape Architect: David L. Carpenter & Associates David L. Carpenter LA #706 ` Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. General Location: Northwest comer of Interstate 95 and Northlake Boulevard Address: 4109 Northlake Boulevard Section: 13 Property Control Number(s): Township: 42 Range: 52 42 42 13 000 00 5090 42 Acreage: 122 CurrentZoning: Commercial Intensive RequesteclZoning: PUD Flood Zone Base Flood Elevation (BFE) -to be indicated on site plan Current Comprehensive Plan Land Use DIa: Commercial Existing Land Use: Commercial Requested Land Use: Commercial Proposed Use(s) i.e. hotel, single family residence,etc.: Service Station, Convenience Store, Car Wash Proposed Square Footageby Use: Gas Station/Store 943 sq.ft. Car Wash 761 sq_ft. Canopy Bays 2 ProposedNumberand Type of Dwelling Unit(s) i.e. singlefamily, multifamily, etc. (if applicable): Add paving lane and canopy cover for additional bay m 2 Justification Information concerning all requests (attach additional sheets if needed.) (Section 78-46, Application Procedures, Land Development Regulations.} 1. Explain the nature of the request: This is a request to add an additional travel)) ne and canopy to an existing car wash in order to service customers in a more timely fashion, which will reduce the length of the waiting line currently backing up into the Gas Station area. Currently customers waiting for service are stacked in a single file line which often intrudes into the Gas Station travel lanes. The additional paving and bay area will allow cars to pull into an additional bay -canopy area where they can be serviced, reducing the number of cars in the single file waiting line to within the limits of the Car Wash stacking area. 2. What will be the impact of the proposed change on the surrounding area? There will be no impact on the surrounding area. Additional landscaping and screening will be provided on the north property line to screen the proposed canopy bay area from the travel lane and parking lot to the north. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. The rezoning complies with the City's Comprehensive Plan and Future Land Use by locating commercial uses in areas with Existing Commercial Land Use and Existing Commercial intensive Zoning District. All required infrastructure is existing at this location. The request for an additional canopy bay area complies with all other elements of the City's Comprehensive Plan. 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? All vegetation will be preserved with the exception of one 39 oak tree, which lies in the only spot that is available for the additional canopy bay and paved lane. Vegetation will be added for soreening and for mitigation of the oak tree that we are requesting to remove. 5. How will the proposed project comply with City requirements for Art, in Public Places (Chapter 78-261, Land Development Regulations)? N/A 6. Has project received concurrency certification? Concurrency is part of this application process. Date Received: Legal Descriptionof the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately at mile(s) from the intersectionof NW Comer Northlake Boulevard & 1-95 , on the north,Least,E1south,J]west side of Northlake Boulevard (street/road). 4 Statementof Ownershipand DesignationofAuthorizedAgot Before me, the undersigned authority, personally appeared Kevin Dalton, CK, Inc. who, being by me first duly sworn, on oath deposed and says: That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. That he/she is requesting Rezoning to PUD with Waivers 3. City of Palm Beach Gardens, Florida. That he/she has appointed David L. Carpenter $ Associates as authorized agent on his/her behalf to accomplish the above project. Name of O er: Kevin Dalton / CK, H C Owner of record Signatureof Owner e✓'; 0- J By: Name/flitle 4109 Northlake Boulevard StreetAddress P. 0. Box 561-723-8610 TelephoneNumber kevdalton@aol.com E-mail Address Palm Beach Gardens, Florida 33410 City, State, Zip Code City, State, Zip Code Fax Number in the to act Sworn and subscribed before me this Al day of Xis. N ry Public My Commission expires: Notary PUb4c Stall o! Fbriaa • Cathy A Ruby e►ntl' Miss 12J19WIS154514 Applicant's Certification I/We affirm and certify that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the hest of my/our knowledge and belief.: Further, I/we understand that this application, attachments, and application filing fees become apart of the official records of the City of Palm Beach Gardens, lo`ndaa. and are not returnable. Applicant is: P Owner (— Optionee Signatureof Applicant Kevin Dalton I CK, LLC Print Name of Applicant 4109 Northlake Boulevard StreetAddress r Lessee Palm Beach Gardens, Florida 33410 City, State, Zip Code Agent 561-723-8610 TelephoneNumber (� Contract Purchaser) Fax Number kevdalton@aol.com E-Mail Address u Paim Beach Gardens Planning and Zoning Deperbnem 10500 North A t7ary Trai, Palm Beach Gardens, FL 33410 561-7994230 Permit If a _ Financial Responsibility Form The owner understands that all City -incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest -bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The ownerldesignee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Planning and Zoning Department if the name and/or address of the respdiisible party changes at anytime during the a cation review process. Owner signature Date Kevin DeNim f CK LLC. Owner pad nvm 52 42 42 13 000 00 5090 Property Control Number DESIGNEEIBILL TO: Kevin Dalton t CK, LLC. k [� 4109 Northlake Boulevard Designee Acceptance Signature Palm Beach Gardens, Florida 33410 N(5TARY ACKNOWLEDGEMENT STATE OF Florida COUNTY OF Palm Beach Of I hereby Y that the foregoing instrument was acknowledged before me this oZ- day of ,TV(, 20 t.3, by Kevin Dalton . He or she is personally known tome or has produced _,,r 5 6 !LD 1f4 kn a c, n as identification. P / Printed name ' State of AD Or � (A at -large My Commission expires: or �N% Notary Pubec SbM ofFbrida Cathy A Ruby My Cornmlaalon EE1545" W ", Fxpirrf 121111rt016 dlca NORTHLAKE SUNOCO REZONING TO PLANNED UNIT DEVELOPMENT APPLICATION FOR REZONING TO THE PLANNED UNiT DEVELOPMENT DISTRICT AND A REQUEST FOR A WAIVER TO ALLOW FOR A SETBACK OF 8' FROM THE NORTH PROPERTY LINE WITH A WAIVER TO ALLOW INFORMATIONAL SIGNAGE FOR CAR WASH CUSTOMERS Northlake Sunoco has been located at 4109 Northlake Boulevard since the late 1970's serving the citizens of Palm Beach Gardens for their fuel and convenience store needs. The Service Station is located in the area with a Future Land Use Designation of Commercial, and with a CG2, Commercial Intensive Zoning District Designation. This is the only area in the City of Palm Beach Gardens where the CG2 ! Commercial Intensive Zoning Designation exists. As the population of Palm Beach Gardens has grown, the business at the Service Station has also grown and prospered. To further serve the needs of their customers, a Car Wash was added in 1993, which has proven to be a very popular service. The entrance to the Car Wash has a single lane delivery which, due to the popularity of the Car Wash, currently backs up into the service station area. Providing a double lane entrance all the way to the Car Wash bays is not possible due to the drainage detention areas which are located in the center and east side of the property. This application for a PUD proposes to add paving and canopy bay area on the north side of the existing structure only. In lieu of adding double entrance lanes, we are proposing to add a lane and canopy bay to the Car Wash on the north side of the existing bay, giving the Car Wash the ability to service two cars at the same time. This will allow the Car Wash to keep the waiting line shorter by decreasing the time to service the vehicles in the queuing lane, thereby keeping the vehicles from backing up into the Service Station area. The improvements of the proposed additional lane and canopy bay area will not be visible from Northlake Boulevard, as the proposed canopy will be north of the existing canopy and on the back side of the existing building. As noted in the Traffic Report, the addition of this canopy work area will not increase the traffic at the Car Wash but will allow the Car Wash to serve the existing customers more expeditiously by reducing the wait time. The proposed application complies with the Comprehensive Plan by locating proposed commercial development at convenient locations, accessible to traffic exiting 1-95 without traversing or Impacting local roads. The application complies with the City of Palm Beach Gardens Comprehensive Plan by locating proposed commercial development along the arterial roads, PGA Boulevard and Northlake Boulevard, which better serves the residential communities by keeping commercial traffic off of local roadways. The application complies with the Comprehensive Plan by locating commercial development in areas with a Future Land Use of Commercial and on land which is already zoned Commercial, specifically CG2 Commercial Intensive. The application complies with the Comprehensive Plan by locating the proposed development on land already zoned commercial, thereby not adding to the commercial acreage but at the same time, satisfies the Commercial needs of residents by improving the service at an existing facility. The oppligation satisfies the Comprehensive Plan by locating commercial in the Urban Service Area where the required infrastructure is existing, and taxpayer dollars are not needed to bring the infrastructure up to a higher level of service. The application complies with the Comprehensive Plan by maintaining compatible land uses which consider densities and intensities of land use activities and their relationship to surrounding properties. The proposed location is in an area where the addition to the existing car wash is surrounded by land uses in the CG21 Commercial Intensive Zoning District. DAVID L CARPENTER & ASSOCIATES 925 BEAR ISLAND CIRCLE WEST PALM BEACH, FLORIDA 33409 (561) 686-9520 E MAIL dicao3elisouth.net NORTHLAKE SUNOCO WAIVERS TO PLANNED DEVELOPMENT DISTRICT APPLICATION FOR WAIVERS TO PLANNED DEVELOPMENT DISTRICT REQUIREMENTS REQUEST WAIVER FROM A REAR SETBACK OF 15' TO ALLOW AN 8' SETBACK REQUEST WAIVER FOR ON -SITE INFORMATION SIGNAGE-FOR CAR WASH CUSTOMERS Thank you for the opportunity to make application for Waivers to the Planned Development District Requirements for the Northlake Sunoco Car Wash located at 4109 Northlake Boulevard, at the northwest comer of 1-95 and Northlake Boulevard in the City of Palm Beach Gardens. The Service Station was originally constructed in the late 1970's and the existing Car Wash was added in 1993. The Car Wash has proved to be a very popular service offered by Northlake Sunoco for the citizens of Palm Beach Gardens. It is located in a very convenient location for a large majority of the residential developments in the City. Northlake Sunoco is located in the CG2 Commercial Intensive Zoning District with a Commercial Future Land Use Designation. This area is the only location of the CG2 Commercial Intensive Zoning District in the City of Palm Beach Gardens. On their normal routes home, residents exit off 1-95 and travel west on Northlake, turn north or south on Military Trail, or continue west to the entrance to the various residential developments located off Northlake Boulevard. As the City of Palm Beach Gardens has grown, Northlake Sunoco has been fortunate to be able to serve the new residents of the City. The requested waivers would provide community benefits such as reducing the wait time for residents to get their car washed at the convenient site close to their home where they commonly do business. Also, by allowing the new canopy bay area, the impacts of providing additional car wash services are reduced to Just one small area where the proposed canopy is located. The base infrastructure of service station, entrance drive and one car wash bay are existing, thereby the impacts of providing another car,wash facility for services are reduced to one canopy area. All of the infrastructure such as water & sewer, drainage, roadways and sidewalks are In place to accommodate the proposed canopy area. The proposed canopy bay area is behind an existing canopy and cannot be seen from Northlake Boulevard. The request for a Waiver to allow a Menu Board and directional signage for the residents utilizing the Car Wash is a reasonable request that is being made due to the fact that the code does not address signage for car washes. A menu board Is required at the Car Wash for the same reason that a menu board is required at a drive through restaurant, which is to let the customer know what products or services are available, and the price of those products or services. The other two requested directional signs are to let the customer know how to prepare the car to enter the car wash, and how to safely exit the vehicle. The informational signage requested will not be visible from Northlake Boulevard and is intended to serve customers in line for Car Wash services only. These are reasonable requests considered necessary for customers to receive the information they need before exiting the vehicle. DAVID t.. CARPENTER & ASSOCIATES 925 BEAR ISLAND CIRCLE WEST PALM BEACH, FLORIDA 33409 (561) 686-9520 E MAIL dk;a@bellsouth.net 1) The request is consistent with the cty's comprehensive plan. The request is consistent with the City of Palm Beach Gardens Comprehensive Plan as the proposed addition of a canopy bay is located on existing Commercial Property in the Commercial Future Land Use Designated Area and in the CG2 Commercial Intensive Zoning District. Proposing an improvement which will enhance services at an existing facility is more desirable than proposing a new car wash at a new location or having to rezone other property for commercial use. 2) The request is consistent with the purpose and intent of this section. The request is consistent with the purpose and intent of this section as the applicant is proposing to utilize an existing commercial facility to better serve the community without providing the impacts normally associated with new development. 3) The request is in support of and furthers the City's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and sense of place. The request is in support of and furthers the City's goals, objectives, and policies to establish development with employment opportunities and reduction in vehicle trips.. The service station and car wash has offered employment opportunities for full time and part time workers since opening in the late 1970's and has had the pleasure of serving the residents of Palm Beach Gardens during their 34 years of existence. The Car Wash was opened in 1993 and offered additional employment opportunities. While offering the opportunity to get the car washed at the same location that the customer gets his gas, this availability reduces trips on the roadway that the customer may take to drive to a car wash at another location. Approval of the setback waiver for the canopy would allow the car wash to serve the residents in a more timely fashion and eliminate the length of the queuing lines waiting for a wash, which is the purpose of this application. 4) The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum standards for a PUD. The proposed addition of the canopy and paving to the Car Wash would allow approximately 2000 square feet of impervious area, which would leave a total 340A of Open Space remaining on the property. This exceeds the 15% minimum requirements of the PUD Zoning for Non Residential projects. 5) The request for one or more waivers results from innovative design in which other minimum standards are exceeded. The site design and waiver that is being requested is the result of site design that incorporated the need to utilize the existing driveway and keep the existing drainage system as it exists today. The only place that can accothmodate the canopy and paving while utilizing the existing queuing lane is to locate thq proposed canopy bay on the north side of the existing bay. This necessitates that we apply for a waiver to thh north property line setback (rear setback). The minimum landscape buffer height has been increased from 3' height to 8' height to mitigate the visual distance of the 7' setback waiver that we are requesting. We have visually blocked off any sight of the paving area from the adjacent property line. 6) The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally sensitive lands, drainage and recharge areas and coastal zones. The proposed request will allow the property to perform at a higher efficiency level to provide quicker service to our existing customers. The request is proposing a minimal of new paving area while preserving the drainage areas on the property to insure that the drainage system performs as it should. The proposed design allows the drainage system to remain in tact as it currently exists. 7) The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no cost dedication of rights of way, extensions of pedestrian linkages outside the project boundaries, preservation f important natural resources, and use of desirable architectural, building and site design techniques. The public benefits to be derived by this request would be in the faster service that residents would receive when they pull into the car wash. The public would benefit In shorter lines, quicker service, and menu boards that would allow for the written selection of the wash service that they desire. The station would benefit from providing better, quicker service for the residents while shortening the queuing line waiting for a wash and being able to keep that line from backing up into the service station area. 8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by the waiver. Normally a 3' hedge would be required between existing commercial uses in the CG21 Commercial Intensive Zoning District. The application is proposing an 8' hedge buffer to mitigate any impact of the canopy overhang that will intrude 7' into the 15' required rear setback. The Hotel on the abutting property to the north also has an existing buffer area on their property with hedge and trees to supplement the additional screening provided by this application. The car wash activity will not be visible from the Hotel property as only the canopy above will be visible. The area directly north of the car wash is a parking lot. The guest entrance to the Hotel is about 150' north of the car wash property line, and that entrance faces their west parking lot area and the ABC Liquor Store. The hours of the existing car wash are during the daytime hours and do not conflict with the nighttime quiet desired at a Hotel. Guests from the Hotel frequently utilize the Service Station, Convenience Store, and Car Wash during their stay at the Hotel. 9) The request is not based solely or predominately on economic reasons. The request is not based on economic reasons, but based on providing,better services to the existing residents and customers of the Car Wash by reducing the waiting time, and thereby reducing the length of the queuing line which protrudes into the Service Station area. The addition of the canopy bay will allow us to provide faster service and keep the queuing line to a minimum length. As per the Traffic Report, the additional bay is not expected to provide additional traffic but will allow us to provide faster service to the existing customers. 10) The request will be compatible with the existing and potential land uses adjacent to the development site. The request for an additional canopy bay at the existing Car Wash is compatible with the Hotel to the north. The canopy bay area, which is the subject of this request, will not provide any additional impacts on the Hotel site. The new canopy bay at the existing Car Wash site will be blocked from view by a proposed 8' hedge along the north property line. The Zoning Designations of all abutting properties in this area is CG2 / Commercial Intensive and the existing and potential land uses will be compatible with other uses in the Commercial Intensive Zoning District. 11) The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety and welfare. The request will be in harmony with the general purpose and intent of this section and will not be injurious or otherwise detrimental to the public health, safety and welfare. The request for the additional canopy bay service area is to provide better and faster service to the residents of Palm Beach Gardens and customers of the Car Wash. The ultimate remedy by providing faster service will be to reduce the queuing line which backs up into the Service Station area. The waiver to allow Menu Boards showing the services offered is due to the fact that signage for car washes is not currently addressed in the Palm Beach Gardens Code. The waiver would allow signage related to menu of wash services, preparation of car for car wash, and directions for exiting the vehicles. These informational signs are for customers in line only and will not be visible from the roadway. ORDINANCE 5, 2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.22 ACRES IN SIZE, MORE OR LESS, LOCATED AT THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND 1-95, TO BE KNOWN AS THE UNLIMITED AUTO WASH PUD; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City's Land Development Regulations (LDRs), is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the subject site received site plan approval in 1989; and WHEREAS, the subject site received a minor conditional use approval in 2011 to allow improvements to the existing gas station and car wash, which allowed a full service car wash with detailing; and WHEREAS, the proposed rezoning of Planned Unit Development (PUD) with an underlying zoning designation of General Commercial (CG-1) is consistent with the future land use designation of Commercial (C); and WHEREAS, the Planning and Zoning Department has reviewed the application, has determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on January 14, 2014, and has recommended approval of the rezoning to the City Council with a vote of 7 to 0; and WHEREAS, based upon such evidence and testimony, the City Council has determined that this Ordinance is consistent with the City's Comprehensive Plan based on the following findings of fact: Page 1 of 3 Ordinance 5, 2014 1 1. The proposed rezoning of Planned Unit Development (PUD) with an 2 underlying zoning designation of General Commercial (CG-1) is consistent 3 with the future land -use designation of Commercial (C); and 4 5 2. The proposed rezoning is in harmony with the general purpose and intent of 6 the Comprehensive Plan and the Land Development Regulations, and is 7 compatible with the intensity and density of the surrounding, existing, and 8 future land uses; and 9 10 WHEREAS, the City Council deems approval of this Ordinance to be in the best 11 interest of the health, safety, and welfare of the residents and citizens of the City of 12 Palm Beach Gardens and the public at large. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OF PALM BEACH GARDENS, FLORIDA that: 16 17 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 18 19 SECTION 2. That certain parcel of real property located within the corporate limits 20 of the City of Palm Beach Gardens comprised of approximately one and 22/100 (1.22) 21 acres in size, more or less, located at the northwest corner of Northlake Boulevard and I- 22 95, currently zoned Intensive Commercial (CG-2) is hereby zoned Planned Unit 23 Development (PUD) with an underlying zoning designation of General Commercial 24 (CG1) and is legally described as follows: 25 26 LEGAL DESCRIPTION: 27 28 13-42-42, ELY 389.94 FT OF N 150 FT OF S 250 FT OF SE 1/4 LYG WLY OF SR 9 29 R/W IN OR1196P542. 30 31 SECTION 3. The City Zoning Map is hereby amended to conform to this 32 Ordinance, and the City Manager is hereby authorized and directed to make appropriate 33 changes to the City Zoning Map. 34 35 SECTION 4. All ordinances or parts of ordinances in conflict be and the same 36 are hereby repealed. 37 38 SECTION 5. Should any section or provision of this Ordinance or any portion 39 thereof, any paragraph, sentence, or word be declared by a Court of competent 40 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 41 this Ordinance. 42 43 SECTION 6. This Ordinance shall become effective immediately upon adoption. 44 45 46 Page 2of3 Ordinance 5, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this day of Flag v/q-�2 y , 2014, upon first reading. PASSED AND ADOPTED this day of 2014, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Robert G. Premuroso, Mayor Eric Jablin, Vice Mayor Joseph R. Russo, Councilmember Marcie Tinsley, Councilmember David Levy, Councilmember ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M R. Max Lohman, City Attorney FOR AGAINST ABSENT G:\attorney_share\ORDINANCES\2014\Ordinance 5 2014-rezoning Northlake Sunoco.doc Page 3 of 3 1 RESOLUTION 11, 2014 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN FOR 6 THE UNLIMITED AUTO WASH PLANNED UNIT DEVELOPMENT 7 (PUD); LOCATED AT THE NORTHWEST CORNER OF 8 NORTHLAKE BOULEVARD AND 1-95, AS MORE PARICULARLY 9 DESCRIBED HEREIN, TO ALLOW AN ADDITIONAL CAR WASH 10 LANE AND TO ADD A CANOPY TO THE EXISTING CAR WASH; 11 PROVIDING A WAIVER; PROVIDING CONDITIONS OF 12 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 13 PURPOSES. 14 15 WHEREAS, the City Council, as the governing body of the City of Palm Beach 16 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 17 Statutes, and the City's Land Development Regulations (LDRs), is authorized and 18 empowered to consider petitions related to zoning and land development orders; and 19 20 WHEREAS, on June 6, 1989, the subject site received site plan approval; and 21 22 WHEREAS, on March 9, 2011, a Minor Conditional Use petition CUMN-11-01- 23 000019 was approved to allow improvements to the existing gas station and car wash, 24 which allowed a full -service car wash with detailing; and 25 26 WHEREAS, the City has received a request from the property owner, GK LLC, 27 for approval to rezone 1.22 acres of property from Intensive Commercial (CG-2) to 28 Planned Unit Development (PUD), with an underlying zoning designation of General 29 Commercial (CG-1) and a Site Plan which provides for an additional car wash lane and 30 a canopy structure; and 31 32 WHEREAS, the Planning and Zoning Department has reviewed the application, 33 has determined that it is sufficient and consistent with the City's Comprehensive Plan 34 and Land Development Regulations, and has recommended approval; and 35 36 WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on 37 January 14, 2014, and has recommended approval of the rezoning to the City Council 38 with a vote of 7 to 0; and 39 40 WHEREAS, the City Council deems approval of this Resolution to be in the best 41 interest of the health, safety, and welfare of the residents and citizens of the City of 42 Palm Beach Gardens and the public at large. 43 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 46 OF PALM BEACH GARDENS, FLORIDA that: Page 1 of 5 Resolution 11, 2014 SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The application is hereby APPROVED to allow the Site Plan Approval to add an additional car wash lane and canopy structure; subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by resolution for the real property described as follows: LEGAL DESCRIPTION: 13-42-42, ELY 389.94 FT OF N 150 FT OF S 250 FT OF SE 1/4 LYG WLY OF SR 9 RAN IN OR1196P542 SECTION 3. This petition is approved subject to the following conditions, which shall be the responsibility of and binding upon the Applicant, its successors, or assigns: Planning and Zoning Department 1. Prior to the issuance of the Certificate of Completion, approved civil design and architectural drawings, including floor plans, shall be submitted to the GIS Manager. (GIS Manager, Development Compliance Division) 2. Prior to the issuance of the Certificate of Completion, all ground and roof -mounted equipment shall be screened from public view. (Planning and Zoning) 3. Prior to the issuance of the Certificate of Completion, the Clausia hedge as shown on the Landscape Plan on the northeast corner of the site shall be completely opaque and eight (8) feet tall. (Planning and Zoning) 4. Prior to the issuance of the Certificate of Completion for the proposed improvements, an inspection is required by the Development Compliance Division. (Development Compliance Division) 5. Within 24 hours of an announcement of a tropical storm or hurricane by the National Hurricane Center which places the City within the "3-day cone of probability", the canopy shall be removed. (Planning and Zoning) Forestry 6. Prior to the issuance of the Certificate of Completion for the canopy structure and pursuant to Palm Beach County/FDOT permitting, the Applicant shall landscape the Northlake Boulevard road shoulder as shown on the Landscape Plan. A time extension for the completion of landscaping may be granted by the Director of Planning and Zoning. (Forestry) Page 2 of 5 Resolution 11, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 7. The Applicant, successors, and assigns shall be responsible for the irrigation and landscape maintenance within the Northlake Boulevard road shoulder and one-half of the median area adjacent to this development. (Forestry) Engineering 8. All pavement marking and striping, excluding parking stall striping, shall be installed with thermoplastic materials. If parking areas are constructed using paver bricks, paver bricks of appropriate color shall be used for pavement markings, in lieu of paint or thermoplastic material for conformance with Section 78-344 of the LDR. (City Engineer) 9. The additional wash bay shall provide for collection of prewash and wash water and discharges to a recycle system or the sanitary sewer. (City Engineer) 10. The Applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices, as generally accepted by the Environmental Planning Agency (EPA) and/or local regulatory agencies, for construction activities, implementation of the approved plans, inspection, and maintenance of controls during construction. (Engineering) SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby APPROVES the following waiver: 1. Section 78-153, Nonresidential Zoning District Regulations, Table 12, to allow a canopy structure to encroach into the rear setback by seven (7) feet. SECTION 5. This petition is approved subject to strict compliance with the Exhibits listed below, which are attached hereto and made a part hereof as Exhibit "A": 1. Site Plan, Sheet 1, prepared by DLCA, dated January 14, 2014. 2. Landscape Plan, Sheet 2, prepared by DLCA, dated January 16, 2014. 3. Building Elevations, Sheet 3, prepared by DLCA, dated February 4, 2014. 4. Signage, Sheet 4, prepared by DLCA, dated December 30, 2013. SECTION 6. All representations made by the Applicant or the Applicant's agent at any public hearing regarding this application are specifically incorporated herein, and this approval is granted subject to same. Page 3 of 5 Resolution 11, 2014 1 SECTION 7. If any section, paragraph, sentence, clause, phrase, or word of this 2 Resolution is for any reason held by a court of competent jurisdiction to be 3 unconstitutional, inoperative, or void, such holding shall not affect the remainder of the 4 Resolution. 5 6 SECTION 8. All resolutions or parts of resolutions of the City of Palm Beach 7 Gardens, Florida which are in conflict with this Resolution are hereby repealed. 8 9 SECTION 9. This Resolution shall become effective immediately upon adoption. 10 11 (The remainder of this page intentionally left blank) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 4 of 5 Resolution 11, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of 12014. ATTEST: Alm Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney VOTE: MAYOR PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY CITY OF PALM BEACH GARDENS, FLORIDA Robert G. Premuroso, Mayor AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 11 2014 - Site Plan Amendment for Northlake Sunoco.doc Page 5 of 5 Resolution 11, 2014 EXHIBIT "A" ABC LIQUOR CG2 COMMERCIAL INTENSIVE ZONING COMMERCIAL FLU NORTHLAKE BOULEVARD - -- - 1T 0 J Site Data PUMPTION 91Y AREA SITE AREA 1.22 ACRES (53.248.63 S.F.) EXISTING FUTURE LAND USE C (Commercke) EXISTING ZONING CC-2 PROPOSED ZONING CG-1 PETITION NUMBER: PPUD-13-08-000032 PROJECT NAME: NORTHLAKE GAS AND CARWASH PROPERTY CONTROL k 52-42-42-13-00-000-5090 SECTION 13, TOWNSHIP 42S, RANGE 42E Building Data um hm GAS STATION W/ CONV. STORE 943 S.F. CAR WASH 761 S.F. AUTO DETAILING 1 BAY MAX BLDG. HEIGHT: 3W / 2 STORY PROPOSED BIALDING HEIGHT 1 STORY Building Setback Data: Total Pr_4dwd Fr / Northloke BIM.) R_ku wd ortIr RWN)Ski. IT5 Sift(((((Smth (Eott)/ 1-95) 0' Lot Coverage: Maximum Allowable 35% MAX (18.637.02 S.F.) ProAdod 3.2% (1,704 S.F.) Parking Data SPACES TOTAL EXISTING PARKING 8 SPACES ADDITIONAL REQUIRED FOR DETAIL BAY 1 SPACES TOTAL PARKING 9 SPACES TOTAL PARKING PROVIDED 9 SPACES HANDICAP REWIRED 1 SPACES HANDICAP PROVIDED (12'xlW) 1 SPACES Miscellaneous Site Data Total Site Area: 1.22 ACRES (53.248.63 S.F.) TOTAL PERVIOUS AREA 37% ((19,382.08 S.F. TOTAL IMPERVIOUS AREA 637. (33.866.55 S.F. OPEN SPACE REQUIRED: iSX 7,987.29 S.F.) OPEN SPACE PROVIDED: 37T 19.382-08 S.F.) Notes: -AII ra.bsb k Type T' unlos oUwwlx ncdd. -All hudxav amoxNe amps slag ,all appll�Ne legl,.egxxsal. sla4 and fMeNl aeasaMlHy guMdme ard.eguNtam. Am' modlNoro.n shall k aPsovaN l; the a. I—af. —d. -Allan-s detaWNesnm+rg wnhmshillkpeAPAIU.11s -A6 .ff.,. Mmirg sum m shall leper tnOT IndQ 30a. Ry I.W! da.«mnal sigm, pmmrnt maHo.gs aml palaMm raosw411--Thaj only and MI fimled camtaudwn p4m. -All Nveaxratnmaan9 and sas+Pn9. a�cludog pasW�g sulk. shillk ImNl 1 mda them tCkmateals. Alw, paver hdcb of brshallkuxd on paver NkA ale». in lNu afw,al a»tham+plaswc material In a�sdance:sOaF kdk:n 7e-3M ofek tnR -Allp,ki Malbshallkmaskd Ds dawNe stripe far mnf ante wnh SaMon:e-3/d ofthe LDR -AII tress and Nrid+oping elll k(kM ka w to —W oon6lctwlth tk—bn9 and prrposed ublabe. 119M "Am d.alnar Isms and Nk<makAaanaewe a. Project Location N.T.S. Site o To zo ao so so I mm-EME110 ■E■■N11■ ■■■■■t1■ ■■ iiii FM, - MM 1 111111:°ri ■■La11Jlvi ■■GI10 Eai ■■la71em ■■RMIA ■■"IMP1411%1 C:ffl IB�2=1 M —1 WrE EZZ IM ■■■■111u mm ■ru.Im ■■\`=1110 • Lu Lu Lu 0 1 I 08.01 ,., 10.11.2013 11.21.2013 12.13.2013 Ewsnllc ` EwsTIN ABC LIQUOR PARKING \\\ PARKIN CG2 COMMERCIAL INTENSIVE ZONING COMMERCIAL FLU •If OVA R ..... C 9 4 23 23 3' I Q I i � N 1 N EXI NO i S 5 VICE ■ 0 L i TATION C ° 0 X¢ HOTEL EXISTING CG2 COMMERCIAL INTENSIVE ZONING PARKING COMMERCIAL FLU .TING TREE EXISTING SHADE TREE (1) EXISTNG TO BBEXIIE REMOIll.VED I I PARKING 3 .USIAI EDdE TO RETENRIONAjEDABA AL�15 (3 �pl S 88'07'36" E 389.94' 'ram ■ CL + ��' r5 ��1 fti + ,� L + EXISTING — I ,.i-��. • i� CAR WASH �i �� \ I -;�`�Z RETENTION r5 L +F \l l ► ;fie, +O ^r_ `sue Doi i p r EXISTING CONCRETE WAL "i- -�`-�y SOD 4 + i CLOSURE AND RAILING il1�i C - I DSO C7 � / RETENTION f� �X + SOD Mulch Typ. + Irrigation Pump Station 0v �7 0 910a `G I SOD L� C l ® J 807'36" W 300.00' C-) Ls LS 50 50 CONCRE Lu LS a LS U FLUMES 2 50 2 50 2 NORTHLAKE- BOULEVARD PLANTING SCWEDLLE S,,YffM``BttO��L KEY DESCRIPTION CIUANTITY , O ��,Lr/5 LI LAGeW( CRAPE TROMLAYRTLE INDICA CRPPE MYRTLE 6 17 HT. T SPO. M.LTI-TRUW p• O O CLLISIA GLITTIF92A SMALL LEAF CLUSIA 30 & HT 6 SPREAD 25 GAL FULL TO TI-E BASE 'PAN O LANTANA SPP. LANTANA GROLrDCOVER 200 I GAL FULL 0QCUERCUS VIRGINIANA I O LIVE OAK 12 HT. ELoject Location N.T.S. Project Site I 0 10 20 40 60 80 ME INS ■1■■■_■11■ ■1■15FEI■i ■I■/:T�' ■1■■111JI' R�11 ■1■1i11 ■1■111MIMI rhw-41 Evil ■1■■■JINN ■I■_.\■_■_; Eli 110mmmi E=r'm ■M■■■I id ■F-07::1 IN ■1■■■I■I1■ ■1■\1:m1 l■ • 1 1 1 1 1 1 1 1 1 1 1 1 1 NORTH BUILDING ELEVATION EAST BUILDING ELEVATION NOTE: PROPOSED CANOPY WILL BE CONSISTENT IN MATERIAL AND COLOR WITH EXISTING CANOPY SOUTH BUILDING ELEVATION WEST BUILDING ELEVATION ■■iiii ■■�7:1; F�4i kall ■■�I11111 ■■■11JI ��1 PA ■■►1M&M i ■■111 le milloamilim ■■■■FJl ■■ \■■s.`.#1 M ■����� r it ■=71■■ ■■■milli■ ■■■rill■ ■■\`_III■ • • Proposed ..r ft e4 rh Gardens Special Member Price Price •Wheat Oeal "Hand Applied Teflon Wax 'interityr Shlnt• " 1 9 9 , 1 1 'Plain K Windshield 'Double ClubPalMs ntanu,n�wrnuwr+� Proposed •72 hr 6eln Guarantee Wheel Deal "Campiete Wash Included Price Price Dash Wiped * Rinse Scaler Wax I 1 IProposed - 2.04sq `Door Jambs Wiped jig •Tires Shined ' 48 hr Raln Guarantee WOMW MR is od" Complete Wash 'Interior Vacuum ' rilndows Cleaned 1 , 1 1 'Exterior Wash ` 48 hTA: f -M I Guarantee Exterior Wash •Exterior Wash 'Spot Free Rinse 9 9 NIC •Towel Dry' 48 hr Rain Guarantee 1 Total Proposed Copy Area-19.95sq ft Non Illuminated Monument Menu Sign. Changeable Panel. .090 Aluminum Angle w/ .080 Aluminum Stucco Skin Painted to Match Building Exterior. MENU SIGN 18" 18" SIGN FACE MAX. LETTER SIZE 3 SQ.FT. 12 INCHES DIRECTIONAL SIGNAGE MEMO ■■Giii F ■■■=9R ■■�ii�lll ■■L'1�JI�J ■■I\l�i ■■ ill -a �■ Ii �E�i� ■■■J711:�i ■■��Ilrl�lag f===, t' ■ ■■■■I id irm7:7i 1■ ■■►=Sd l■ ■■■■■I I■ • LLI LU IL Date: 09/29/2013 10/11/2013 12/13/2013 12/30/2013 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 6, 2014 Resolution 14, 2014 Subject/Agenda Item: Approving and ratifying a collective bargaining agreement with the Police Benevolent Association for Police Officers, Sergeants, and Communications Operators employed by the City's Police Department for Fiscal Years 2013-2016. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $1,208,333 Council Action: Human Resources (3- Year Total) City4AttorneZ [ ] Approved Sheryl'Stewart HR Administrator Current FY [ ] Approved w/ Conditions R. Vax I_ m n, Esq. [ ] Denied Advertised: NA Finance A inistrator Funding Source: [ ]Continued to: Date: [ X ] Operating Attachments: Allan Owens Paper: [ ] Other Resolution 14, 2014 Police Department - Exhibit "A": PBA Agreement [x] Not Required Contract/Agreement: t� Steph — StOV Chief of Police Effective Date: October 1, 2013 Expiration Date: Submitted by: September 30, 2016 HR Administrator )&Z -144d_ Sheryl ttewart Affected parties [ ] Notified Budget Acct.#: Approved by: City Manager 10 [x] Not required R o n-afd I.rent Meeting Date: March 6, 2014 Resolution 14, 2014 Page 2 of 4 BACKGROUND: The City's negotiating team began negotiations with the Police Benevolent Association (PBA) in September 2012 for a new Collective Bargaining Agreement effective October 1, 2012. At the conclusion of the third collective bargaining session on May 22, 2013, the City's team and the PBA resolved several non -financial issues, and reached a Tentative Agreement for a one- (1) year contract through September 30, 2013, which was approved by Council on July 16, 2013. The City and PBA negotiating teams resumed bargaining immediately thereafter, on July 18, 2013, for a new Collective Bargaining Agreement effective October 1, 2013. Both teams worked hard to resolve the remaining financial issues of pension and salaries, and at the conclusion of the fifth collective bargaining session on February 5, 2014, a Tentative Agreement for a three- (3) year contract through September 30, 2016, was successfully reached. Staff was informed that members of the PBA voted in favor of ratification on February 14, 2014, which is now before Council for approval. The following are highlights of Article changes: Duration (Article 13): Proposed a three- (3) year contract effective October 1, 2013, through September 30, 2016. Promotions (Article 30): Proposed to change the length of time the promotional list is effective from twelve (12) to eighteen (18) months. Extending this time period will be more effective and efficient in saving time and cost for the City as well as the Officers who to go through the testing process. Given the number of anticipated retirements over the next few years, the additional six (6) months will also increase management's opportunity to promote from the list more frequently during the course of the contract. Personal Leave (Article 35): Proposed to provide the same cash -in levels (maximum amount of payment in lieu of personal leave hours) as provided by City Personnel Policy for General Non -Union employees based upon years of service. Uniforms (Article 40): Proposed to provide a $375-per-year clothing allowance, paid on a biweekly basis, to any bargaining unit member assigned to the TAC Unit. Supplemental Pay and Hazardous Duty Pay (Article 43): Proposed to add one (1) K-9 Officer that will be placed on -call at all times. The K-9 Officer placed on -call will receive $15 per day to ensure his/her ability to respond in a proper and timely manner. Salaries (Article 32): The PBA bargaining unit last received a budgeted salary increase in FY 2010, and in March 2013 received the same 2% increase and 1.5% lump sum payment as all other City (union and non -union) employees. The proposed contract will provide for a new Salary Plan for all positions in the bargaining unit, which adjusts the salary range minimums and maximums to address internal equity and compression, and maintains competitiveness of being within the top five (5) of comparable Palm Beach County municipalities. Police Officer starting salary will be increased by 7% from approximately $46,000 to $49,000. Employees may receive a salary increase as a result of being placed in the new Salary Plan. Additionally, all employees will receive a 2.5% increase to base salary effective October 1, 2014, and October 1, 2015. These proposed salary increases will cost a grand total of approximately $1,040,333. Meeting Date: March 6, 2014 Resolution 14, 2014 Page 3 of 4 Retirement (Appendix A): In addition to the Articles in the Collective Bargaining Agreement, as part of the package, the City and PBA reached a tentative agreement on issues related to the Police Officers' Pension. It was understood by both parties that an Ordinance to amend the Police Officers' Retirement Plan (the "Plan") would then need to be adopted by the City and approved by the Florida Division of Retirement to fully implement the changes to the existing Plan. Due to the amendments to the Plan approved on September 13, 2012, by Ordinance 24, 2012, several cost -saving measures were implemented, and would also continue under the proposed contract, as follows: • Reduced multiplier from 3.5% to 2.75% • Reduced maximum benefit from 100% to 75% of Average Final Monthly Earnings • Changed the definition of compensation of pensionable earnings to base pay The unfunded accrued liability was reduced by $6.7 million, and the annual City contribution has decreased by $1 million from 2012, due to these pension reform measures. Under the proposed new contract, the current Plan as modified in 2012 would continue, along with the following proposed revisions to certain benefits in the third year of the contract, effective July 1, 2016: • Changes the eligibility for Normal Retirement for all employees with less than 10 years of creditable service on September 13, 2012, from age 59 to 55 with 10 or more years of creditable service, or 25 years of service regardless of age • Changes the eligibility for entry into the Deferred Retirement Option Plan (DROP) so that an employee may delay DROP entry until he/she has accrued the maximum benefit of 75% of his/her Final Average Earnings. Currently, the option to enter DROP is forfeited if not exercised within the first 25 years of service. In addition, both parties agreed that the Excess Chapter 185 Contribution Reserve as of October 1, 2012, will be applied to reduce the City's annual pension contribution requirement for the 2013-14 and/or 2014-15 plan years. This would be contingent upon the Florida Division of Retirement's approval and the City's implementing Ordinance. As a result of these changes, it is anticipated that the net FY 2014 required City contribution would be increased by approximately $168,000 over the three- (3) year contract. CONCLUSION: As a result of these negotiations, the foregoing contract provisions will implement the City's strategies and goals set forth in the FY 2013-2014 Budget in response to the economic downturn, by maintaining the current pension plan with some pension benefit adjustments for the future, continuing to reduce the City's unfunded pension liability, and addressing pay to maintain internal equity as well as competitiveness with comparable Palm Beach County police agencies. Meeting Date: March 6, 2014 Resolution 14, 2014 Page 4of4 Considering the current economic conditions, this contract will provide management with the continued ability to control and address future personnel costs and benefits fairly and equitably with all employee groups during the upcoming years. It will also help management proactively prepare for future projected growth as well as workforce changes due to anticipated employee retirements over the next several years, while at the same time maintain quality levels of staffing and services for our community. STAFF RECOMMENDATION: Staff recommends approval of Resolution 14, 2014 as presented. 1 RESOLUTION 14, 2014 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AND RATIFYING AN 6 AGREEMENT WITH THE POLICE BENEVOLENT ASSOCIATION 7 FOR POLICE OFFICERS, SERGEANTS, AND COMMUNICATIONS 8 OPERATORS EMPLOYED BY THE CITY'S POLICE DEPARTMENT 9 FOR FISCAL YEARS 2013-2016; AUTHORIZING THE MAYOR AND 10 CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING 11 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 12 13 14 WHEREAS, the City's Negotiating Team and the Police Benevolent Association 15 have reached an agreement regarding the employment contract for Police Officers, 16 Sergeants, and Communications Operators employed by the City of Palm Beach 17 Gardens' Police Department for Fiscal Years 2013-2016; and 18 19 WHEREAS, the members of the bargaining unit subject to the employment 20 contract have voted in favor of ratification; and 21 22 WHEREAS, such contract has been prepared and is attached hereto as Exhibit 23 "A"; and 24 25 WHEREAS, the City Council deems approval of this Resolution to be in the best 26 interest of the health, safety, and welfare of the residents and citizens of the City of 27 Palm Beach Gardens and the public at large. 28 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF PALM BEACH GARDENS, FLORIDA that: 32 33 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 34 35 SECTION 2. The City Council of the City of Palm Beach Gardens hereby 36 approves and ratifies the employment contract between the City and the Police 37 Benevolent Association for Police Officers, Sergeants, and Communications Operators 38 employed by the City's Police Department for Fiscal Years 2013-2016, and authorizes 39 the Mayor and City Manager to execute said contract on behalf of the City. 40 41 SECTION 3. This Resolution shall become effective immediately upon adoption. 42 43 44 45 46 Page 1 of 2 Resolution 14, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this ATTEST: I1-YA day of 2014. CITY OF PALM BEACH GARDENS, FLORIDA go Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY WV R. Max Lohman, City Attorney VOTE: MAYOR PREMUROSO W 156I28f iI_\Y01m ` I-wwq COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY Robert G. Premuroso, Mayor AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 14 2014 - collective bargaining agreement - pd.doc Page 2of2 Resolution 14, 2014 EXHIBIT "A" THE CITY OF PALM BEACH GARDENS p PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS, SERGEANTS AND COMMUNICATION OPERATORS October 1, 2013 THROUGH September 30, 2016 TABLE OF CONTENTS Article 1 Preamble 4 Article 2 Recognition 5 Article 3 Officer in Charge and Field Training Officers 6 Article 4 Association Representatives 7 Article 5 Bargaining Unit Identification 9 Article 6 Bereavement Leave 10 Article 7 Bulletin Boards 11 Article 8 Change of Status 12 Article 9 Court Time 13 Article 10 Contract Constitutes Entire Agreement 14 Article 11 Discipline 15 Article 12 Dues Deduction 16 Article 13 Duration 18 Article 14 Funeral Expense/Survivor Benefits 19 Article 15 Grievance and Arbitration Procedure 20 Article 16 Holidays 23 Article 17 Incentive Pay 24 Article 18 Insurance Benefits 25 Article 19 Leave of Absence 26 Article 20 Legal Benefits 27 Article 21 Longevity Benefits 28 Article 22 Maintenance of Conditions 29 Article 23 Management Rights 30 Article 24 Non -Discrimination 31 Article 25 Outside/Extra Duty Employment 32 Article 26 Personnel Records 34 Article 27 Physical Examination 35 Article 28 Probationary Period 36 Article 29 Prohibition of Strikes 37 Article 30 Promotions 38 Article 31 Recall Pay 41 Article 32 Salaries 42 Article 33 Savings Clause 44 Article 34 Seniority 45 Article 35 Personal Leave 46 Article 36 Substance Use and Testing 49 Article 37 Training 65 Article 38 Travel Allowance 66 Article 39 Uniforms and Equipment 67 Article 40 Workers' Compensation and Disability Leave 69 Article 41 Workweek and Overtime 71 Article 42 Supplemental Pay and Hazardous Duty Pay 72 Article 43 Care and Maintenance of Canines 73 2 Article 44 Administrative Investigations 74 Signature Page 75 Appendix A Retirement 76 ARTICLE 1 PREAMBLE Section I: In accordance with the State of Florida Public Employees Collective Bargaining Statute and the City of Palm Beach Gardens this Agreement is entered into by and between the City of Palm Beach Gardens, a municipal corporation in the State of Florida, hereinafter called the "Employer" or the "City" and the Palm Beach County Police Benevolent Association, hereinafter referred to as the "PBA" or "Association". The Labor Agreement is applicable for employees as defined in Certificate No. 221 issued to the PBA in accordance with the Certificate granted by the Public Employees Relations Commission on April 15, 1976. Section 2: The purpose of this Agreement is to promote and maintain harmonious and cooperative relationships between the employer and employees, both individually and collectively, to provide an orderly and peaceful means for resolving differences which arise concerning the interpretation or application of this Agreement, and to set forth herein the basic and entire Agreement between the Parties in the determinations of wages, hours and terms and conditions of employment. Section 3: The Parties recognize that the basic interest of the community will be served by assuring the public, at all times, of orderly and uninterrupted operations and function of the municipal government, and by providing in the most efficient manner, superior public service to the citizens of the community. 4 ARTICLE 2 RECOGNITION Section 1: The City of Palm Beach Gardens hereby recognizes the Palm Beach County Police Benevolent Association as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for all employees in the bargaining unit. The classification or job title used below is for descriptive purposes only. Their use is neither an indication nor a guarantee that these classifications or titles will continue to be utilized by the City. Section 2: The bargaining unit for which this recognition is accorded is as defined in Certificate No. 221 granted by the Public Employees Relations Commission on April 15, 1976, and amended on December 4, 1991, comprising of all Police Officers who hold the rank of sworn Certified Police Officer and Police Sergeants and for non -sworn Police Communication Operators, and non -sworn Communications Supervisors. Section 3: The Palm Beach County Police Benevolent Association hereby recognizes the City Manager or his representative as the Public Employer's only representative for the purpose of collective bargaining and the City recognizes the PBA President or his representative as the PBA's only representative for purposes of collective bargaining. Section 4: For the purpose of this Agreement, the terms bargaining unit employees, officer, member and employee shall be synonymous. Section 5: The City shall send formal notices and communications involving collective bargaining to: Palm Beach County Police Benevolent Association, Inc. 2100 N. Florida Mango Road West Palm Beach, Florida 33409 Attention: General Counsel 5 URAT�� OFFICER IN CHARGE AND FIELD TRAINING OFFICERS Section 1: Assignments as a Field Training Officer (FTO) or Communications Training Officer (CTO) shall be at the discretion of the Chief of Police, and shall not be considered as a promotion for purposes of this Agreement. Effective on ratification, anyone assigned as an FTO shall receive 3% assignment pay calculated on base salary. Such assignment pay shall not be included in the employees' base salary, but shall be paid as a separate line item each pay period. Anyone assigned as a CTO shall receive eight (8) hours of compensatory time for every forty (40) hours assigned. Removal from the assignments shall be at the discretion of the Chief of Police. Section 2: The City agrees that the selection of FTOs and CTOs and their duties shall be in accordance with Police Department Policy and the Police Department will not change that policy without consulting with the PBA. Section 3: When an Officer is assigned to fulfill the responsibilities of a Sergeant for a period of one (1) full shift or more his/her base pay shall be increased by 5%. When a Communications Operator fulfills the responsibilities of the position of Communications Supervisor for a period of one (1) full shift or more his/her base pay shall be increased by 5%. 0 ARTICLE 4 ASSOCIATION REPRESENTATIVES Section 1: A bargaining unit member, who is an elected PBA official and/or site representative shall be permitted to use time from the PBA time pool, excluding unscheduled leave, for the purpose of conducting PBA business and negotiations provided that: (1) All requests for the use of PBA time will be submitted to the representative(s) bureau commander. (2) Sufficient manpower is available to maintain efficiency of operations during the absence of the PBA officials as so determined by the Chief of Police or his designated representative. Section 2: It shall be the responsibility of the bargaining unit to promptly notify the City Manager and the Chief of Police in writing of any change in the designation of PBA representatives. Section 3: PBA representatives, unless authorized by the Chief or his designee, shall not contact any employee or other person concerning grievance matters or PBA business during either the working hours of the PBA representative or the working hours of any employee sought to be contacted. Section 4: An Employee Organization Time Pool shall be established on the basis of each PBA member contributing four (4) hours of personal leave to the pool. Said four (4) hours will be deducted from each PBA member's leave balance as needed. This contribution will be limited to once annually upon a written request from the PBA at least 90 days in advance. No time will be deducted without such notice to the Finance Department. Section 5: The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this Agreement and each replacement therefore during the term of this Agreement. Authorized representatives shall be defined as the elected officers of the Union and duly elected or appointed stewards, provided that notification has been provided in writing to the Office of the Police Chief at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize the individual as an authorized representative of the Union. 7 Section 6: The Union likewise agrees that during the term of this Agreement, the Union and the employees covered hereunder shall deal only with the City Manager or his representative in matters requiring mutual consent or other official action and specifically, the Union agrees that neither the Union nor the employees hereunder shall seek to involve the City's elected officials in the administration of this Agreement, or otherwise in the operation of the City's Police Department. All matters relating to grievances shall be processed only through the grievance chain of command. ARTICLE 5 BARGAINING UNIT IDENTIFICATION Section 1: Upon request, the City agrees to provide to the PBA on an annual basis a roster of the sworn and non -sworn bargaining unit employees name, address, and datc #f birth, social security number and current pay. Section 2: The PBA agrees to remit to the City the amount of $25.00 annually for the administrative cost of providing said roster upon receipt of a statement from the City's Human Resources Department. M ARTICLE 6 BEREAVEMENT LEAVE Section 1: In the event of the death of the mother, father, step -mother, step -father, grandmother, grandfather, grandchild, brother, sister, husband, wife, son or daughter of the employee or employee's spouse, such employee shall be entitled to funeral leave for the purpose of arranging and attending said relative's funeral for a period of three (3) working days for any one death. In the event the death requires an out -of -area trip exceeding 250 miles one way, the Police Chief shall authorize an additional (2) working days. Section 2: An employee on funeral leave provided in the Article shall be paid for such hours which the employee would normally be scheduled to work. Section 3: The City reserves the right to require documentation supporting compliance with the provisions of this Article after the employee returns to work. Section 4: The provisions of this Section shall not apply to employees who fail to contact the employer prior to taking such leave. M ARTICLE 7 BULLETIN BOARDS Section 1: The Chief of Police will designate the following two (2) bulletin board locations in the Police Department for the exclusive use of the PBA in connection with Union business. Section 2: The Chief of Police may make periodic inspections of the bulletin boards and request material be removed. Removal shall not be unreasonably denied by the Association. 11 ARTICLE 8 CHANGE OF STATUS Section 1: The placement of employees within the Police Department shall be the responsibility of the Chief of Police. An employee may be transferred or reassigned for operational reasons. Section 2: Whenever feasible, employees will be notified at least two (2) weeks in advance of transfer, reassignment or change of shift. 12 ARTICLE 9 COURT TIME Section 1: Off duty court time shall be computed in the following manner: The normal witness fee and expenses shall be retained by the employees and an additional three hours of credit shall be given for the first court appearance in any given calendar day, subject to the provisions set forth herein. Section 2: An officer, who is required by the City to be in court while off duty, shall receive a minimum of three (3) hours pay at one and one-half (1.5) his regular rate of pay. Officers appearing in court shall wear their uniform or appropriate business attire. Section 3: For each court appearance in excess of three (3) hours, an officer shall receive credit for all hours during which his attendance is required in accordance with the FLSA. Section 4: For the purposes of this Article and subsection, each additional court appearance separated from the employee's previous court appearance by a period of more than sixty (60) minutes qualifies for compensation as described above. The sixty (60) minute time period is calculated from the time the officer is released by the court until the time stated on the next subsequent subpoena. 13 ARTICLE 10 CONTRACT CONSTITUTES ENTIRE AGREEMENT Section 1: The Parties acknowledge and agree that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the Parties after the exercise of that right and opportunity are set forth in this Agreement. Each Party agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this Agreement, but it is further recognized that this Article does not constitute a waiver of the PBA's right to negotiate any past practice or changes in contractual terms. Section 2: By mutual agreement, any items may be brought to the table for negotiations. The Parties agree not to propose any changes to this Agreement during the duration of this Agreement unless there is mutual consent to negotiate such changes. 14 ARTICLE 11 DISCIPLINE Section 1: The Parties recognize that the interest of the community and job security of the bargaining unit members depends upon the City's success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 2: No bargaining unit employee who has completed the initial probationary period shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions may be utilized and, depending on the severity of the offense, the first action may be at any level including dismissal. A. Written Reprimand B. Suspension without Pay C. Demotion D. Dismissal Section 3: A written reprimand and up to a one (1) shift suspension without pay may be grieved but not subject to the arbitration provisions of this Agreement. 15 ARTICLE 12 DUES DEDUCTION Section 1: Upon receipt of a lawfully executed written authorization form from an employee, the city agrees to deduct the current regular associated dues once each month and remit such deductions to the duly elected Treasurer of the PBA within fifteen (15) working days from the date of deduction. The PBA will notify the City in writing thirty (30) days prior to any change in the regular PBA dues structure. The employer is expressly prohibited from any involvements in the collection of fines, penalties or special assessments and shall not honor any request of this nature other than for association dues. Section 2: Any employee may at any time revoke his dues deduction and shall submit revocation form to the City's Finance Department with a copy to the Association. Section 3: The PBA agrees to pay to the City one hundred (100) dollars per year to cover administrative costs and changes. The amount will be deducted annually from the first remittance in January. Section 4: The PBA agrees to provide necessary Dues Deduction Authorization forms and Notice to Stop Dues Deduction forms for its members. These forms shall read as follows: AUTHORIZATION CARD FOR DEDUCTION OF PBA DUES I hereby authorize the City of Palm Beach Gardens to deduct from my wages each month the current regular monthly PBA dues and to transmit this amount to the Treasurer of the Palm Beach County Police Benevolent Association. DATE: NAME: ADDRESS: _ SIGNATURE: INSTRUCTION TO STOP PAYROLL DEDUCTION OF PBA DUES I hereby instruct the City of Palm Beach Gardens to stop deducting from my wages each month the current regular Monthly PBA dues of the Palm Beach County Police Benevolent Association. A copy of this revocation has been forwarded to the Treasurer of the PBA. m DATE: NAME: ADDRESS:_ SIGNATURE: Section 5: The PBA agrees to indemnify and hold the City harmless against any and all claims, suits, orders and judgments brought and issued against the City as a result of any action taken or not taken by the City on account of payroll deduction of PBA dues. 17 ARTICLE 13 DURATION Section 1: This Agreement shall be effective October 1, 2013, subject to ratification by the PBA and approval and appropriation of the necessary funds by the City Council of Palm Beach Gardens, Florida. This agreement shall continue in full force and effect until September 30, 2016 or a successor Agreement is ratified. ARTICLE 14 FUNERAL EXPENSE / SURVIVOR BENEFITS$ Section 1: The City will provide for funeral and burial expense for members killed in the line of duty who are eligible for Statutory Death in Line of Duty benefits, an additional benefit of $10,000 to be paid directly to the beneficiary of said member. 19 ARTICLE 15 GRIEVANCE AND ARBITRATION PROCEDURE Section 1: A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Section 2: Grievances concerning working condition not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3: In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or Departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. STEP 1 The aggrieved employee or an Association representative shall present the grievance or dispute in writing, setting forth the facts with particulars and the remedy sought, within ten (10) working days (Monday through Friday) of its occurrence or knowledge thereof, to the Bureau Commander. The Bureau Commander shall reply in writing within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the Bureau Commander shall fail to respond in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. STEP 2 If no written reply has been made or if a written response has been made, and the aggrieved employee is dissatisfied, the aggrieved employee or the PBA representative may, within ten (10) working days (Monday through Friday) of receipt of a reply or if none is submitted, present the grievance or dispute to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working days (Monday through Friday) of receipt of the grievance. If the Chief of Police shall fail to reply in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. 20 STEP 3 If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days (Monday through Friday) of receipt of the Chief's reply. The City Manager shall reply within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. STEP 4 If the grievance has not been settled by Steps 1-3, the PBA or the City may refer it to arbitration within fifteen (15) working days (Monday through Friday) of receipt of the City Manager's reply. The PBA or the City will submit a request to the Federal Mediation & Conciliation Services (FMCS) for a panel of nine (9) arbitrators from which one (1) shall be selected by the Parties. The arbitrator's decision shall be supported by substantial evidence on the record as a whole. The decision shall be in writing with a full statement of findings and reasons. The decision of the arbitrator shall be final and binding on the Parties; provided that the arbitrator shall have no power to modify, amend, or alter this Agreement. The expense of the arbitrator shall be borne by the parties. Section 4: By agreement of both parties, a meeting will be held at any step of the grievance procedure. Section 5: Expedited Arbitration All discharge grievances, and any other grievances mutually agreed upon for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the PBA agree upon the following procedure for expedited cases. (1) The selection of an arbitrator must be completed within the time limits provided by the FMCS. Failure to do so will bar the untimely party from submitting its preference or choice of an arbitrator. (2) After an arbitrator has been selected, the arbitration hearing shall be held no later than thirty (30) days thereafter, unless the arbitrator is unavailable within this thirty (30) day period. a (3) Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the hearing or after receipt of the transcript, if a transcript is requested. (4) The arbitrator must render an opinion within thirty (30) days of receipt of the briefs. Section 6: The PBA and the City shall each bear its own expense in the arbitration proceedings, except that both Parties shall share equally the fee and other expenses of the arbitrator. Section 7: A probationary employee may not grieve any matter concerning assignment, or discharge. Section 8: Settlement of grievances prior to the issuance of an arbitration shall not constitute a precedent nor shall it constitute an admission that the Agreement has been violated. Section 9: Either Party may reject one (1) panel of arbitrators. 22 ARTICLE 16 HOLIDAYS Section 1: The official holidays to be observed by bargaining unit members shall be: New Year Day Martin Luther King's Day President's Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Veteran's Day Christmas Day Section 2: Bargaining unit members shall also receive one (1) floating day, which shall be requested in advance and taken any time during the calendar year (January 1 — December 31). The floating day is considered a full shift off and not considered an official holiday for overtime purposes. Section 3: An official holiday that falls on Saturday or Sunday shall be observed on that Saturday or Sunday by employees whose regularly scheduled work week includes Saturday and/or Sunday as a day of work. Section 4: If an employee has credited time of forty (40) hours for the work week, excluding unscheduled leave, disability leave, or leave without pay, the rate of pay for the employee whose services are required on an official holiday shall be: a day's pay for the holiday, plus one and one-half (1.5) times the employee's straight time rate of pay. However, if the employee does not have credited time of forty (40) hours for the work week, any employee who shall be required to perform work on a holiday shall be compensated at straight time. Section 5: Employees, who receive compensation for an official holiday without working on such holiday, shall be paid 8 hours at their regular straight time rate of pay for the day on which the holiday falls. Nothing set forth herein shall be construed as relieving the Chief of Police of his responsibilities for the performance of required functions. The Chief of Police shall determine the personnel required to work each holiday. 23 ARTICLE 17 INCENTIVE PAY The City, during the term of this Agreement, shall continue to participate in the State Incentive Pay Program. 24 ARTICLE 18 INSURANCE BENEFITS Section 1: The City shall continue providing the current health insurance coverage at no cost to individual employees or the same contribution amounts as all other employees of the City, whether or not such employees are in a bargaining unit, from October 1, 2013 through September 30, 2016. Section 2: Employees who elect to maintain dependent coverage will contribute a dollar amount equal to the amount contributed toward the cost of dependent coverage that any other employees of the City are required to pay, whether or not such other employees are in a bargaining unit. 25 ARTICLE 19 LEAVE OF ABSENCE Section 1: Leaves of absence without pay for a period not to exceed six (6) months may be granted at the sole and exclusive discretion of the City Manager. Section 2: An officer who is a member of a military reserve unit and who must attend annual field training sessions is entitled to a leave of absence as provided by federal law. Upon presentation of military pay orders the City will reimburse the employee for the difference between his military pay for the annual training session and his regular rate of pay. An employee called to active duty will be treated in accordance with federal law. Section 3: An employee who is on duly authorized paid leave of absence will continue to maintain all benefits including seniority, longevity, and insurance benefits. Section 4: An employee on an authorized unpaid leave of absence will continue to receive full benefits for up to thirty (30) calendar days. After thirty (30) calendar days, the employee will continue to accrue seniority but will not receive any other benefits, except the employee may continue health insurance by paying the entire premium. 26 ARTICLE 20 LEGAL BENEFITS Section 1: The City shall, upon timely notice by an employee, undertake the defense of any employee covered by this agreement against civil damage suits arising from and in connection with their employment. Section 2: The City shall indemnify all employees against judgments for compensatory damages rendered against an employee in a civil damage suit arising from and in connection with duties performed by the employee in the scope of their employment for the City provided that the employee has not engaged in gross negligence or intentional misconduct. The City shall not indemnify any employee against judgments rendered in civil suits which the City has not been given notice of and an opportunity to defend. Section 3: The employee shall give notice to the City during their tour of duty of all injuries or damage to persons or property, including the employee himself, incurred by or witnessed by the employee while the employee is on duty. Section 4: It shall be the duty of the employee to notify the City Manager's Office at first reasonable opportunity of being served with any civil action. Section 5: Failure to provide the notices required in Section 3 and 4 shall result in disciplinary action, but shall not limit the City's obligation to provide defense and indemnification, provided reasonable notice is given and the City's opportunity to defend is not adversely affected. Section 6: The employee has the right to retain legal counsel of his choice at his own option and expense. The City shall make copies of discovery documents available to the employee at no cost to the employee, provided there is no disputed issue of liability between the City and the employee involved in the suit. 27 I_\:40Is] 44K1 LONGEVITY BENEFITS Section 1: All bargaining unit members hired before October 1, 1991, who shall have completed their required years of service, indicated below, shall be entitled to a percentage increase in salary as follows: Years of Continuous Service 4 Years 7 Years 11 Years 15 Years 20 Years Percentage Increase in Salary 2% 4% 6% 8% 10% Said percentage increases shall be added to base salary. Section 2: Longevity allowances for employees hired after September 30, 1991, shall be as follows: Bargaining unit members shall be entitled to a percentage increase to their base wages when they have completed their required years of service as indicated below: (For example, an employee with more than 10 years of continuous service but less than 15 will receive 2.5% upon completion of 15 years of continuous service.) Years of Continuous Service 7 years 10 years 15 years 20 years Percentage Increase in Wages 2.5% 2.5% 2.5% 2.5% Section 3: Continuous service for purposes of this article shall be defined as employment in the City services without a break or interruption. Layoffs not exceeding one (1) year, authorized military leave, educational leave, vacation leave or lawful extension thereof, or reinstatement in accordance with this agreement, shall not affect continuity of service. Section 4: Effective October 1, 2012, longevity payments shall be frozen at their current levels for all employees and shall not be increased on any future anniversary dates. Employees hired after September 30, 2012 shall not receive any longevity benefits. m ARTICLE 22 Section 1: All matters pertaining to terms of employment and working conditions guaranteed by law and written policy to employees within the bargaining unit shall apply to the extent that they are not in conflict with the provisions of this agreement. Section 2: Any written rule, regulations, policy or procedure affecting employees of the bargaining unit in effect prior to as well as those issued after the effective date of this agreement shall remain and be in full force and effect unless changed, modified or deleted by the employer or unless in conflict with any article or section of this agreement. Section 3: Any time the Chief of Police has the right to take an action or an obligation to do so the Chief of Police may utilize a designee. CO ARTICLE 23 MANAGEMENT RIGHTS Section 1: The Police Benevolent Association and the bargaining unit employees recognize that the City has the exclusive right to manage and direct the various departments of the City., Accordingly, the powers and authority which the City has not specifically abridged, delegated, or modified by the express provisions of this Agreement are retained by the City. Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to determine the mission of the City and its various departments, divisions and other units of organization, set standards of service, establish and implement policies and procedures related to employment, promotions, position classification, discipline, transfer, assignment, and scheduling of employees, subcontract work; merge, consolidate, or close a department or any part thereof or expand, reduce, alter, combine, assign or cease any job; control the use of equipment and property of the City; fill any job on a temporary, emergency, or interim basis, determine the number, location and operations of headquarters, annexes, divisions, substations, and departments thereof; schedule and assign the work to the employees and determine the size and composition of the work force; formulate and implement departmental policy rules and regulations; and introduce new or improved services, maintenance procedures, materials, facilities, and equipment. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2: If, at the discretion of the City Manager, it is determined that civil emergency conditions exist, i.e., riot, civil disorder, or natural disaster, the provisions of this Agreement may be suspended for good cause by the City Manager during the time of such emergency, provided that wage rates and monetary fringe benefits shall not be suspended. 30 ARTICLE 24 NON-DISCRIMINATION Section 1: Neither the City nor the PBA shall discriminate against any employee covered by this Agreement because of race, creed, color, disability, national origin, age or sex, sexual orientation or marital status. Section 2: While claims of discrimination may be processed through normal City complaint procedures, if the matter cannot be resolved the employee should address the issue to the appropriate county, state and/or federal agencies that deal with these issues. Complaints of discrimination may not be processed through the arbitration procedure. Section 3: The City will not discriminate against any employee covered by this agreement because of membership or non -membership in the Association or authorized activity as required in this agreement on behalf of the members of the PBA. 31 ARTICLE 25 OUTSIDE/ EXTRA- DUTY EMPLOYMENT Section 1: No member of the bargaining unit may hold outside employment unless the Employee's written request for approval of such employment is recommended by the Police Chief and approved by the City Manager and complete the "Palm Beach County Commission on Ethics Employee Conflict of Interest Waiver" form. The granting of such approval is expressly contingent upon the following: A. Assurance that the employee's City position is of primary importance. B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with the City employment. D. Whenever the outside employment is in the nature of "Security Guard" type work, as determined by the City Manager, the employee providing the City a certificate of insurance from the proposed outside employer (or from the employee as an independent contractor), the certificate of insurance must be approved and accepted by the City. In order to be acceptable, said certificate of insurance must prove that the employee and the City of Palm Beach Gardens are adequately insured against liability for any and all acts done by or caused by such employee while engaged in such outside employment, and that the employee and the City are adequately covered for any worker's compensation liability arising out of such outside employment. The above paragraph notwithstanding, the City does hereby reserve the right, at any time and at the sole discretion, to require any or all such future employers to contract directly with the City for such outside employment services (which are related to the employee's City job function). Effective October 1, 2010, the City shall pay the officer $37.00 and the sergeant $42.00. The City shall pay each Communications Operator $32 per hour and each Communications Supervisor $37 per hour. All required deductions for social security and taxes shall also be made by the City prior to payment to the employee. Any officer and/or sergeant assigned to outside employment on Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, New Years Eve, Super Bowl Sunday, Easter, Memorial Day or Independence Day shall be compensated at five dollars ($5.00) per hour above the aforementioned rate. In cases of such approved outside employment which is contracted through the City, no certificate of insurance shall be required from the outside employer. Such 32 outside employment contracted through the City may include both temporary and long term outside employment, by one or more such outside employers. All outside employment contracted through the City shall continue to be subjected to the conditions set forth in paragraphs A, B, and C above. Section 2: No member of the bargaining unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty or for a workers' compensation injury, unless additional express approval for such outside employment is obtained by the member from the Police Chief and the City Manager, who shall take into consideration the recommendation(s) from the employee's physician and/or from the City Physician. 33 ARTICLE 26 PERSONNEL RECORDS Section 1: The City shall maintain all official personnel records in a central office hereafter known as the Human Resources Department and all records shall be kept confidential to the extent provided by law. Section 2: The name and photograph of a bargaining unit employee may be furnished to the news media in order to announce promotions or acts of exemplary service with the approval of the employee. Section 3: The City agrees that upon request and appointment, a bargaining unit employee shall have the right to inspect their official personnel record. Section 4: The City agrees that a member shall have the right to include in his official personnel record a written and signed refutation (including signed witness statements) of any material he considers to be detrimental. Section 5: All insertions, upon approval by the Human Resources Director, into a member's personnel file will remain a permanent part of the member's official personnel records. 34 ARTICLE 27 PHYSICAL EXAMINATION Section 1: Bargaining unit members shall receive an annual comprehensive physical examination, including X-rays and EKG. Said examination will be performed by the bargaining unit member's primary care physician. The City will pay any co -payment incurred by the bargaining unit member's medical insurance. Section 2: The City shall provide all physical examinations during a bargaining unit member's off -duty time. 35 ARTICLE 28 PROBATIONARY PERIOD Section 1: All bargaining unit members including rehires shall be subject to the satisfactory completion of a twelve (12) month probationary period beginning on the completion of their Field Training (FTO) phase. All probationary employees shall receive an employee evaluation on or near the midpoint of their probationary period. Section 2: The Chief of Police, with the City Manager's approval, may extend the probationary period for up to six (6) additional months for any employee in order to further evaluate performance or if mandatory educational requirements have not been met within the probationary period. Notification of extension of probation shall be provided in writing to the employee. Section 3: In order that a probationary employee attains regular status, the Chief of Police must notify the City Manager in writing that the employee's performance is satisfactory and he is to continue in the position. Section 4: Any decision involving assignments, layoff or dismissal of probationary employees is entirely within the discretion of the City. Such decision shall not be subject to the grievance procedure. However, the employee may grieve other alleged contractual violations during said probationary period. Section 5: All promotions shall have a probationary period of six (6) months, which can be extended an additional six (6) months. 36 ARTICLE 29 Section 1: No employee, PBA officer, or agent shall instigate, promote, sponsor or engage in any strike, slow down, concerted stoppage of work, or any other intentional interruption of the operations of the employer, regardless of the reason for doing so. Any and all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the employer. Section 2: In the event of a strike, slowdown, concerted stoppage of work, or other intentional interruption of the operations of the employer, regardless of the reason for doing so, the PBA shall direct an immediate action to the fullest extent of its power and influence to bring about a cessation of such activities. If the Union fulfills in good faith all of the obligations under this section, the City agrees that the Union will not be liable for any damages resulting thereafter. Section 3: The employee and the PBA individually and collectively, shall be liable for any damages which might be suffered by a public employer or other party affected as a result of a violation of the provisions of this Article. M ARTICLE 30 PROMOTIONS Section 1: When a budgeted Sergeant's position exists and is declared vacant by the City, appropriate notice shall be given. However, the City is not obligated to fill a vacant Sergeant's position. Section 2: The City will announce promotional examinations for the position of Sergeant at least forty-five (45) days prior to the testing date. The City will also list the areas which the examination will cover, provide the sources from which the examination is drawn and make all such reference material available. Employees will be reimbursed for the total amount incurred for the cost of the approved study materials provided they complete all portions of the promotional exam for which they qualify. If an employee does not complete all portions of the exam and the Police Chief determines he/she is excused, then he/she will be reimbursed the cost of the approved study materials. Once a promotional list is established as a result of the competitive test, that promotional list will exist for eighteen (18) months from the date it is posted or until it is reduced to two or less candidates. Section 3: To be qualified for the eligibility list the candidate must possess at least five (5) years continuous law enforcement service with the City prior to the date of the examination for Sergeant. Section 4: Names of eligibles for Police Sergeant shall be removed from the appropriate eligibility list by any of the following: A. Appointment through certification from such list to fill a position of Police Sergeant; B. Written statement by the eligible that he/she is not willing to accept appointment. C. Separation from the City service of an employee on a promotional list. Section 5: The City agrees to use only job related promotional examinations. Section 6: The City agrees that promotions within the bargaining unit shall be made in accordance with Department policy, which shall not be changed without mutual consent of the City and the PBA, if such change affects/modifies this Agreement. Section 7: Selections for promotion will be made from the promotion register composed of only those Officers who received at least a score of 75% on the written examination and received a "pass" on the assessment center component of the examination. The Chief may select any officer from the register. The City may delay a promotion with respect to any person who is the subject of an active criminal or internal investigation. Section 8: All promotions shall have a probationary period of six (6) months. Section 9. The Chief of Police, with the City Manager's approval, may extend the probationary period for up to six (6) months for any employee in order to further evaluate performance, or if mandatory educational requirements have not been met within the probationary period. Notification of extension of probation shall be provided to the employee in writing, with the reason for extension attached thereto. Section 10: The Police Chief may, at his/her discretion, demote any sergeant during the probationary period of the promotion to sergeant, and said demotion shall not be subject to the grievance procedure contained in this agreement. To attain regular status, the Chief of Police must notify the City Manager in writing that the Sergeant's performance is satisfactory, and he/she is to continue in the position. Section 11: A member who does not successfully complete the probationary period will be returned to the rank of officer in the pay range at which he/she would be had they not been promoted. Section 12: When an Officer is promoted to Sergeant his/her salary shall be increased by 5% or to the minimum pay for the position of Sergeant, whichever is greater. Section 13: To be qualified for the Communications Supervisor eligibility list, the employee must have: A. At least three (3) years continuous Communications Operator service with the City of Palm Beach Gardens, Town of Jupiter, Town of Juno Beach or any future agency/department through the consolidated North County Regional Communications Center. B. Successfully completed a modified assessment process put together by the City which will include, but not be limited to, job based scenarios. Section 14: The Chief of Police will promote Communications Supervisors from the pool of qualified Communications Supervisors' candidates listed alphabetically. 39 Section 15: The following shall apply to promotions to Communications Supervisor(s): A. All promotions shall have a probationary period of six (6) months. B. The Chief of Police, with the City Manager's approval, may extend the probationary period for up to six (6) months for any employee in order to further evaluate performance, or if mandatory educational requirements have not been met within the probationary period. Notification of extension of probation shall be provided to the employee in writing, with the reason for extension attached thereto. C. The Police Chief may, at his/her discretion, demote any Communications Supervisor during the probationary period of the promotion to Communications Supervisor, and said demotion shall not be subject to the grievance procedure contained in this agreement. To attain regular status, the Chief of Police must notify the City Manager in writing that the Communications Supervisor's performance is satisfactory, and he/she is to continue in the position. D. An employee who does not successfully complete the probationary period will be returned to the rank of Communications Operator in the pay range at which he/she would be had he/she not been promoted. E. When a Communications Operator is promoted to Communications Supervisor his/her salary shall be increased by 5% or to the minimum pay for the position of Communications Supervisor, whichever is greater. W ARTICLE 31 RECALL PAY Section 1: Any employee called to duty prior to the start of his assigned shift or recalled to duty after having left for the day, will receive a minimum of three (3) hours pay at one and one-half (1.5) the regular rate of pay. Section 2: For the purposes of this section, "Recall" is defined as any duty, detail -Gr response to a lawful order which requires an employee to return to work after already completing his assigned shift or being called to duty on his regularly scheduled day off or prior to the start of his assigned shift. This provision shall not apply to an officer held over from his assigned tour of duty. The above mentioned hours will be calculated at a rate of one and one-half (1.5) times his base rate pay under the FLSA. There shall be no pyramiding of recall guarantees. This section shall not apply to court time. 41 ARTICLE 32 SALARIES Section 1: There shall be no salary increases for FY 2013-2014. Section 2: The salary ranges effective October 1, 2014 for each bargaining unit position will be as follows: Position Minimum Maximum Police Officer $49,426 $76,675 Police Sergeant $66,235 $93,198 Communications Operator $43,029 $61,243 Communications Supervisor $50,337 $66,240 A Salary Plan will be implemented as follows: 1. Effective October 1, 2014 and October 1, 2015, any member whose current base salary is below the minimum will receive a pay increase to their base salary equal to the difference between his/her current salary and the minimum of the range for their position (as listed above). 2. The salary ranges will be divided into four (4) equal time periods or quarters (quartiles), based upon a 20-year career. Each bargaining unit member will be slotted into the Salary Plan based on the number of years in his/her current position as shown on the quartile chart below. Effective October 1, 2014 and October 1, 2015, any member whose base salary is below the quartile salary as slotted, will receive a pay adjustment to their base salary equal to the difference between his/her current salary and the quartile salary. Any member whose base salary is at or above the quartile salary will not receive a quartile adjustment. Further, any member whose current base salary as of October 1, 2013 exceeds the maximum of the range for their position as shown in Section 2 above, shall remain at their current base salary. 42 Salary Plan — Quartile Salary Chart This Plan is based upon an average of 20 years of service in position at retirement. Position Quartile 1 (5yrs + 1 day thru 10 yrs) Quartile 2 (10yrs + 1 day thru`.15 yrs) Quartile 3 (15yrs + 1 day thru 20 yrs) Quartile 4 (20yrs + 1 day and over) Police Officer $56,238 $63,051 $69,863 $76,675 Police Sergeant $72,976 $79,716 $86,457 $93,198 Comm. Operator $47,582 $52,136 $56,689 $61,243 Comm. Supervisor $54,313 $58,289 $62,264 $66,240 3. In addition, all bargaining unit members will receive a 2.5% increase to base salary effective October 1, 2014 and October 1, 2015. 4. Any employee who reaches the maximum of the salary range as a result of the quartile adjustment and/or the 2.5% salary increase shall receive a lump sum payment of the amount that exceeds the maximum of the salary range for his/her position. Further, any employee whose current base salary as of October 1, 2013 exceeds the maximum of the range for their position shown in Section 2 of this Article, shall receive a 2.5% lump sum payment calculated on their current base salary. Said lump sum payments stated herein shall not be added to the employee's base salary. Section 3: Any Bargaining Unit member's work schedule that requires them to work the majority of their regular shift after midnight for the majority of the pay period shall receive a two and one-half percent (2.5%) assignment pay calculated on base salary. Such assignment pay shall not be included in the employees' base salary, but shall be paid as a separate line item each pay period. 43 ARTICLE 33 SAVINGS CLAUSE Section 1: If any article or section of this agreement should be found invalid, unlawful, or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this agreement shall remain in full force and effect for the duration of this agreement. Section 2: In the event of invalidation of any article or section, both the City and the PBA agree to meet within thirty (30) days of such determination for the purpose of arriving at a mutually satisfactory replacement for such article or section. ARTICLE 34 SFKIMPITY Section 1: Seniority shall consist of continuous accumulated paid service with the Department and shall be computed from the time of appointment. Seniority shall accumulate during absence because of illness, injury, vacation, military leave, or other authorized leave. Section 2: The City agrees that seniority shall govern the following matters: 1. Whenever practicable, vacations for each calendar shall be drawn by employees on the basis of seniority in rank. 2. In the event of a lay-off for any reason, employees shall be laid off in the inverse order of their seniority. Such lay-offs will be accomplished within the established rank structure. 3. Employees shall be called back from lay-off according to their seniority. Such call backs will be accomplished within the established rank structure in Section 2 - 2. 4. Such actions will incorporate a certified letter, to the employee who will specify a thirty (30) day time limit for reply as to whether or not he wishes to be considered for his old position. In any event, no position will be held open longer than thirty (30) days after the receipt of the certified letter advising that his old position is being held for him. 5. Lay-offs will follow the procedure outlined in the City's Personnel Program. Section 3: Employees shall lose their seniority as a result of the following- 1 . Termination 2. Retirement 3. Resignation 4. Unjustified absence for more than five (5) work days. 5. Failure to report to the City Manager's Office intention of returning to work within thirty (30) days of receipt of recall, as verified by Certified Mail, Return Receipt. 6. Failure to report from Military Leave within the time limits prescribed by law. 45 ARTICLE 35 PERSONAL LEAVE Section 1: This Section establishes the City's policy regarding the accrual and use of personal leave. It is the policy of the City to promote the efficiency, health and morale of employees through periodic interruption from their duties. Personal leave provides time away from the work environment to pursue activities that promote the well-being of the employee and good physical, mental, and emotional health. This Section applies to all full-time employees. Personal leave may be used for vacation, illness, or personal days. Personal leave is accrued monthly as follows for full-time employees assigned to a forty -hour (40-hour) workweek. Years of Continuous Service 0 — 4 years 5 — 8 years 9 — 12 years 13 — 16 years 17 — 20 years Over 20 years Monthly Accrual 16 hours per month 18 hours per month 20 hours per month 23 hours per month 25 hours per month 28 hours per month Annual Accrual 192 hours/year 216 hours/year 240 hours/year 276 hours/year 300 hours/year 336 hours/year Personal leave shall be credited to the employee's personal leave balance on the first day of each month for the leave earned in the preceding month. For a new employee, the beginning date of employment shall be on or before the twentieth (20th) day of the month in order for the employee to be credited with personal leave time for that month. The maximum accrual of personal leave is based on the length of continuous service. Years of Continuous Service 0 — 4 years 5 — 8 years 9-12years 13 — 16 years 17 — 20 years Over 20 years Maximum Accrual 46 300 hours 400 hours 450 hours 500 hours 550 hours 640 hours Employees may request to receive payment in lieu of personal leave hours in accordance with the City's Personnel Policy and Procedure Section 9.1, Personal Leave. Employee requests for payment in lieu of personal leave time shall be limited to twice a year, based on the current fiscal year. (See Personal Leave Cash -In Form) A. Request for Leave 1. Scheduled Leave Personal leave shall be requested by employees by submitting a "Request for Leave" form to their supervisor. Requests for personal leave shall be submitted in advance of the proposed absence. Supervisors must consider all requests for personal leave, giving due consideration to the needs of the department and the ability of the remaining staff to perform the work of the department or division. Each employee shall give his/her supervisor at least ten (10) days notice for scheduled leave of five (5) days or more. This notice requirement is subject to change by each department and the notice may be waived by a supervisor for any short term unscheduled leave. 2. Unscheduled Leave To utilize unscheduled leave, such as illness, the employee shall notify his/her supervisor prior to the beginning of the scheduled workday, or prior to leaving the work assignment. All probationary full-time employees are eligible to use unscheduled personal leave. Probationary full-time employees are eligible to use scheduled personal leave upon request and approval of their supervisor and final approval of the Chief of Police. The maximum continuous personal leave for which employees are eligible shall be four (4) calendar weeks. The City Manager may approve more than four (4) weeks if he/she determines the City will not be adversely affected. The accrual is not available until the first day of the following month. Employees are not entitled to use personal leave that has not been earned. 47 B. Payout Upon separation from employment, employees will be paid for all accrued personal leave. Any accrued personal leave shall be paid at the employee's final base rate of pay. Longevity shall not be paid on accrued personal leave. Section 2: Acute Illness Leave Effective midnight, September 30, 2010, employees shall no longer accrue acute illness leave. Full-time employees carrying accrued Acute Illness Leave balances as of September 30, 2010 shall carry forward those hours to use according to this section until they are depleted. This leave may be used for illness by the employee, illness by the employee's spouse, or illness by the employee's dependent children including stepchildren and adopted children. Acute illness leave may be used only after three (3) consecutive personal days as a result of illness. Acute leave may be utilized commencing on the fourth consecutive day of illness. The illness or injury shall be verified in writing by a licensed physician. The minimum charge for acute illness leave shall be units of eight (8) hours except hours used for disability. Acute illness leave is not transferable to other employees. Upon separation from employment, employees shall not be entitled to any reimbursement of accumulated acute illness leave. ARTICLE 36 SUBSTANCE USE AND TESTING Section I. Purpose and Intent As part of its commitment to safeguard the health of the employees, to provide a safe place for its employees to work, and to promote a drug -free working community, the City of Palm Beach Gardens has established this policy on the use or abuse of alcohol and drugs by its employees. Substance abuse, while at work or otherwise, seriously endangers the safety of employees, as well as the general public, and creates a variety of workplace problems, including increased injuries on the job, increased absenteeism, increased health care and benefit costs, decreased morale, and a decline in the quality of services provided. Practical experiences have proven that limited quantities of various narcotics, abused prescriptions drugs, or alcohol can impair reflexes and judgment. For these reasons, we have adopted a policy that all employees must report to work completely free from the presence of drugs and the effects of alcohol. This policy is implemented pursuant to the Drug -Free Workplace program under the Florida Worker's Compensation Act (Section 440.102, Florida Statutes). This law provides that an employee who is injured in the course and scope of employment and who tests positive on a drug or alcohol test or who refuses to be tested forfeits his/her eligibility for Worker's Compensation medical and indemnity benefits. This policy represents the City's current position on dealing with the serious problem of drug and alcohol abuse in the workplace and is subject to change at the City's sole discretion. Section 2. Scope All current employees and job applicants are covered by this policy and, as a condition of employment, are required to abide by the terms of this policy. Because of state or federal laws and regulations, certain employees may be subject to additional requirements. Section 3. Definitions For the purpose of this Policy, the following definitions apply: (a) "Chain of custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing for accountability at each state in handling, testing, and storing specimens and reporting test results. MO (b) "Confirmation test," "confirmed test," or "confirmed drug test" means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. (c) "Drug" means alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating liquor, an amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of any of the substances listed in this paragraph. (d) "Drug rehabilitation program" means a service provider, established pursuant to s.397.311(28), which provides confidential, timely, and expert identification, assessment, and resolution of employee drug abuse. (e) "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered, by a laboratory certified by the United States Department of Health and Human Services or licensed by the Agency. for Health Care Administration, for the purpose of determining the presence or absence of a drug or its metabolites. (f) "Employee" means any person who works for salary, wages, or other remuneration for an employer. (g) "Employee assistance program" means an established program capable of providing expert assessment of employee personal concerns; confidential and timely identification services with regard to employee drug abuse; referrals of employees for appropriate diagnosis, treatment, and assistance; and follow up services for employees who participate in the program or require monitoring after returning to work. If, in addition to the above activities, an employee assistance program provides diagnostic and treatment services, these services shall in all cases be provided by service providers pursuant to s. 397.311(28). (h) "Employer" means a person or entity that employs a person and that is covered by the Workers' Compensation Law. (i) "Initial drug test" means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens, using an immunoassay procedure or an equivalent, or a more accurate scientifically accepted method approved by the United States Food and Drug Administration or the Agency for Health Care Administration as such more accurate technology becomes available in a cost- effective form. All Q) "Job applicant" means a person who has applied for a position with an employer and has been offered employment conditioned upon successfully passing a drug test, and may have begun work pending the results of the drug test. For a public employer, "job applicant" means only a person who has applied for a special -risk or safety -sensitive position. (k) "Medical review officer" or WRO" means a licensed physician, employed with or contracted with an employer, who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures, who verifies positive, confirmed test results; and who has the necessary medical training to interpret and evaluate an employee's positive test result in relation to the employee's medical history or any other relevant biomedical information. (1) "Prescription or nonprescription medication" means a drug or medication obtained pursuant to a prescription as defined by s.893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries. (m)"Public employer" means the City of Palm Beach Gardens who employs individuals for a salary, wages, or other remuneration. (n) "Reasonable -suspicion drug testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: (1) Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. (2) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. (3) A report of drug use, provided by a reliable and credible source. (4) Evidence that an individual has tampered with a drug test during his or her employment with the current employer. (5) Information that an employee has caused, contributed to, or been involved in an accident while at work. 51 (6) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. (7) Excessive or unexcused absence or tardiness. (8) Violation or neglect of safety regulations. (9) Violation of other commonly accepted or published rules of conduct. (10) Reporting for work in a condition unfit for duty. (o) "Safety -sensitive position" means, any position in which a drug impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to carry a firearm, perform life -threatening procedures, work with confidential information or documents pertaining to criminal investigations, or work with controlled substances; a position subject to s. 110.1127; or a position in which a momentary lapse in attention could result in injury or death to another person. (p) "Special -risk position" means, any position required as a condition of employment to be certified under Chapter 633 or Chapter 943 of the Florida Statutes. (q) "Specimen" means tissue, hair, or a product of the human body capable of revealing the presence of drugs or their metabolites, as approved by the United States Food and Drug Administration or the Agency for Health Care Administration. Section 4. Policy A. ALCOHOL USE PROHIBITIONS 1. All employees are prohibited from distributing, dispensing, possessing, using or being impaired, intoxicated, or under the influence of alcohol while at work, on duty, or while operating a City vehicle. 2. Off -duty abuse of alcohol which adversely affects an employee's job performance, or which can be expected to cause harm to the City's image or relationship with other employees or the public, is prohibited. 3. For the purposes of this policy, an employee is presumed to be impaired, intoxicated, or under the influence of alcohol if a blood test or other scientifically acceptable testing procedure shows that the employee has a threshold level of at least 0.04g-or more percent by body weight (or as may be changed by State law) of alcohol in the blood sample taken from his/her system at the time of testing. 52 An employee who has a confirmed alcohol concentration of greater than .02 but less than .04 will be removed from duty for the remainder of his/her work shift and shall not be returned to duty for at least twenty-four (24) hours following administration of the test. 4. An employee who is perceived to be under the influence of alcohol will be removed immediately from the workplace and may be evaluated by medical personnel, if reasonably available. The Department Head will take further action based on medical information, work history, and other relevant factors. The determination of what action is appropriate in each case rests solely with the City. 5. Employees arrested for an alcohol -related incident must immediately notify their supervisor if the incident occurs: a. During scheduled work hours. b. While operating a City vehicle on City or Personal Business. C. While operating a personal vehicle on City business. 6. Failure to notify an appropriate City Official as described above may result in disciplinary action, up to and including discharge. B. DRUG USE PROHIBITIONS 1. All employees are prohibited from manufacturing, distributing, dispensing, possessing, or using illegal drugs or other unauthorized or mind -altering intoxicating substances while on City property (including parking areas and grounds) or while otherwise performing City duties away from the City. Included with this prohibition are lawfully controlled substances which have been illegally or improperly obtained. Employees are also prohibited from having any such illegal or unauthorized controlled substances in their systems while at work, and from having excessive amounts of otherwise lawful controlled substances in their systems. 2. For the purposes of this policy, an employee is presumed to be impaired by drugs if results of a urine test or other acceptable testing procedure are positive for the presence of one or more of the illegal substances for which the City will test. 3. The proper use of medication as prescribed by an employee's physician is not prohibited; however, the City does prohibit the misuse of prescribed medications. Prescription medications may also affect the safety of the employee, fellow 53 employees, or members of the public. Therefore, any employee who is taking any prescription medication which might impair safety, performance, or any motor functions is obligated to notify his or her supervisor before reporting to work or during the course of work if under the use of such medication. Failure to do so may result in disciplinary action. It is the employee's responsibility to determine from his/her physician whether a prescribed medication may impair job performance. If the City determines that such use does not pose a safety risk, the employee will be permitted to work. If, in the opinion of the supervisor, such use impairs the employee's ability to safely or effectively perform his or her job, the City may, at its sole discretion, temporarily reassign the employee or grant a leave of absence during the period of treatment. Improper use of "prescription medications" is prohibited and may result in disciplinary action, up to and including discharge. Prescription medication must be kept in its original container if such medication is taken during working hours or on City property. 4. It shall be the responsibility of each employee who observes or has knowledge of another employee in a condition which impairs the employee in the performance of his/her duties, or who presents a hazard to the safety and welfare of others, or is otherwise in violation of this policy, to promptly report that fact to his/her immediate supervisor. Failure to notify an appropriate City Official as described above may result in disciplinary action, up to and including discharge. C. REQUIRED TESTING AND REFUSAL TO TEST The City shall conduct drug testing in the following circumstances: APPLICATION FOR EMPLOYMENT a. All job applicants once offered a position will be tested for the presence of illegal drugs as a part of the hiring process. b. Any job applicant who refuses to submit to drug testing, refuses to sign a consent form, fails to appear for testing, tampers with the test, or fails to pass the pre -employment selection drug test will be ineligible for hire. Such an individual may not reapply for employment with the City for at least one (1) year from the date of the drug test. 2. AFTER ACCIDENT TESTING The Supervisor/Department Head, shall request an employee submit to alcohol and drug testing after a motor vehicle accident or on the job injury if: 1) the accident involved the loss of human life, or 2) the driver receives a citation under state or local law for a moving traffic violation arising from the accident, or 3) the driver was performing safety sensitive functions and was determined to be at 54 fault. As an exception, employees may not be tested for minor crashes which are determined by the department as having been caused by slight negligence, or carelessness on the part of the employee and that does not have the potential for serious injury, e.g. backing slowly into a pole. The Supervisor/Department Head should ensure that the test is conducted on the day of the accident or as soon as possible. An employee who is injured at a work site and who is required to be tested will first be taken to a medical facility for immediate treatment of injury. If the employee is not at a designated specimen collection site, the employee will be transported to one as soon as it is medically feasible to conduct drug and/or alcohol testing. If it is not medically feasible to move the injured employee, specimens will be obtained at the treatment facility and transported to an approved testing laboratory. If an alcohol test is required, the employee shall submit to such test within two (2) hours following the accident, absent exigent circumstances. If a controlled substance test is required, it must be performed as soon as possible but no later than thirty-two (32) hours of the accident. An employee who is subject to post accident testing shall remain readily available for such testing or may be deemed by the City to have refused to submit to such testing. Any employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident or until completion of a post accident alcohol test, or upon release by the supervisor. An employee who leaves the scene of the accident without good cause prior to submission to drug and alcohol testing or who fails to report to the collection facility within a reasonable time frame will be considered to have refused the test. 3. REASONABLE SUSPICION a. Employees must submit to a drug test if the Department has reasonable suspicion that they have violated any of the rules set forth in this policy. Please refer to Section 3 (n) of this policy. b. A cause for reasonable suspicion of violation of the Rules of Conduct or the provisions of this policy is not the only reason for a referral under this policy. It is contemplated that a supervisor will refer an employee for an evaluation at any time when there is reasonable cause regarding an employee's ability to safely and properly initiate or continue normal work duties because of possible adverse influences of any drug, including prescribed drugs, or illness or other impairment. 4. ROUTINE FITNESS FOR DUTY An employee will submit to a drug test if the test is conducted as part of a routine scheduled employee fitness -for -duty medical examination that is part of the City's established policy or that is scheduled routinely for all members of an employment classification or group. 55 5. FOLLOW-UP TEST If the employee in the course of employment enters an employee assistance program for drug related problems, or an alcohol and drug rehabilitation program, the employee must submit to an alcohol and/or drug test as a follow-up to such a program and test negative before returning to duty, and on a quarterly, semi- annual, or annual basis for two (2) years thereafter. 6. RANDOM TESTING Employees will be subject to drug testing on a purely random basis. Random selection of up to 50% of bargaining unit employees every year will be made by a contracted third party utilizing a Department of Transportation approved random selection computer program. Employees selected for random testing will be tested on the day the employee selected is on duty. If off duty, the employee will be tested on the employee's next shift worked, or the next shift when the testing facility is open. If the employee is not tested on the next shift, the employee will not be tested. No more than 10% of those selected for random drug testing will be tested for alcohol. 7. REFUSAL TO TEST Refusal to submit to testing under this policy will result in forfeiture of eligibility for all medical and indemnity benefits under the Workers' Compensation Act. Employees will be subject to discipline, up to and including discharge for refusing to submit to testing. Section 5. Prior to Testing A. The City will test for the following drugs or controlled substances as defined in section 893.03, Florida Statutes, as amended from time to time, to include but not limited to: 1. Alcohol 2. Amphetamines (Desoxyn, Dexedrine) 3. Cannabinoids (marijuana, hashish, hash, hash oil) 4. Cocaine (crack) 5. Methaqualone 6. Opiates (opium, paregoric, parepectolin) 7. Barbiturates (phenobarbital, tuinal, amytal) 8. Benaodiazepines (ativan, azene, clonopin, dalmane, xanax, valium etc.) 56 9. Methodone (dolophine, methadose) 10. Propoxyphene (darvocet, darvon, dolene) 11. Phencyclidine (pcp) 12. Lysergic acid diethylamide (Isd) 13. Heroin 14. Steroids without a lawful prescription by a Florida physician B. Job applicants required to submit to drug testing and employees required to submit to drug testing and alcohol testing must sign a consent agreement prior to testing. C. Because of the potential adverse consequences of positive test results on employees, the City will employ a very accurate testing program. All samples will be analyzed by a highly qualified independent laboratory which has been selected by the City and approved by the Florida Department of Health and Rehabilitative Services. D. An employee who is injured at a worksite and is required to be tested will be taken to a medical facility for immediate treatment of injury. If the injured employee is not at a designated collection site, the employee will be transported to one as soon as it is medically feasible and specimens will be obtained. If it is not medically feasible to move the injured employee, specimens will be obtained at the treatment facility and transported to an approved testing laboratory. E. No specimens will be taken prior to the administration of emergency medical care. Once this condition has been satisfied, an injured employee must release to the employer the results of any tests conducted for the purposes of showing the presence of alcohol or drugs in his/her system. F. Urine tests shall be used for the initial and confirmation testing for all drugs. Blood or breath (for CDL covered positions) shall be used as the initial and confirmation test for alcohol. The "enzyme — immunoassay" (EMIT) and "gas chromatography mass spectrophometry" (DC -MS) test methods shall be used in a laboratory used by the City. The City shall pay for the cost of all tests and medical examinations carried out under this procedure. The City shall maintain confidentiality of test results to the extent possible under law. G. The City will pay the cost of initial and confirmation drug test, which it requires of employees and job applicants. An employee or job applicant will pay the cost of any additional drug test not required by the City. 0F/ Section 6. Coordination of Testing Procedure A. The City of Palm Beach Garden's Human Resources Department will coordinate all testing requests. Questions regarding this policy or request for testing should be directed to the Human Resources Administrator or the City Manager's Office. B. Drug testing shall be conducted in accordance with the following procedure: 1. Collection, transportation, and storage of samples shall be conducted with due regard to the privacy of the individual providing the sample and in a manner reasonably calculated to prevent substitution or contamination of the sample. The City shall ensure through its laboratory that the chain -of -custody procedures as established by the Department of Health and Rehabilitative Services are followed. 2. Each specimen container shall be labeled. 3. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s) because the presence of medication(s) in the body may affect the test results. 4. Tests shall be conducted by a licensed laboratory. 5. Specimens may be taken or collected by a physician, a physician assistant, a licensed practical nurse, or certified paramedic who is present, or a qualified person employed by a licensed laboratory. 6. Specimens yielding a positive confirmed result shall be preserved by the licensed laboratory as follows: a. for at least 210 days after the results are mailed or otherwise delivered to the City; or b. if the employee or job applicant undertakes an administrative or legal challenge to the test results, then until the case or administrative appeal is settled. 7. During the 180 day period after written notification of a positive test result, the employee or job applicant may obtain a portion of the sample for retesting by another licensed laboratory. The laboratory which performed the original test and confirmation is responsible for the transfer of the sample and for the integrity of the chain -of -custody during the transfer. 8. Within five (5) working days after receipt of a positive confirmation test result, the City shall notify the employee or job applicant in writing of the results, its consequences, and the employee's or job applicant's options. The employee or job applicant is responsible for notifying the laboratory and the Medical Review Officer of any administrative or civil court action brought by his/her challenging the drug test. 9. An employee or job applicant who has a formal job offer, and who has received a confirmation drug test may contest or explain the results to the City's Human Resources Department within five (5) working days after written notification of the positive drug test results. If an employee's or job applicant's explanation or challenge is unsatisfactory to the City, the employee or job applicant may contest the drug results pursuant to Rule 38F-9.009 Fla. Administrative Code. 10. The City shall provide a copy of the results in accordance with the Florida Public Records laws. C. EMPLOYEE PROTECTION The drug testing laboratory will not disclose any information concerning the health or mental condition of the tested employee. 2. The City shall not discharge, discipline, or discriminate against an employee solely upon the employee's voluntarily seeking treatment for a drug -related problem, or entering an employee assistance program for drug -related problems. Voluntarily seeking treatment shall mean where an employee requests assistance prior to being notified of a test being administered, or prior to a violation of this policy by an employee. 3. The City shall promptly detail in writing the circumstances which formed the basis of a determination of reasonable suspicion and shall provide documentation as provided by the Florida Public Records Act. Section 7. Rehabilitation A. Employees who are not immediately terminated for testing positive or for some other violation of the policy must enter an alcohol/substance abuse program as prescribed by the City's EAP Program Administrator in conjunction with management. B. The employee must sign a Release permitting the EAP Program Administrator to communicate confidentially with the Human Resources Administrator or his/her designee, and the EAP Program Administrator must agree to provide the following information on a weekly basis: (a) Attendance at sessions; (b) Adherence to treatment plans; (c) Completion at sessions; (d) In case of outpatient program, provide detailed information as to whether the employee can work, including the ability to work light duty. Upon request, the EAP Program Administrator will provide the Human Resources Administrator with a written response to items (a) through (d). C. If the employee, according to the EAP Program Administrator, has not successfully completed the program within 90 calendar days of entering the approved program, or less as specified by the EAP Program Administrator, the employee shall be subject to termination. Section 8. Investigation of Cause for Reasonable Suspicion Process A. In the event there is cause for reasonable suspicion to believe that an employee's job performance is impaired by drugs or alcohol, the employee's supervisor, in the company of another employee, shall directly observe and document the behavior. The employee's supervisor shall question the employee with regard to the observed behavior. Indications of impaired behavior include but are not limited to the following: staggering or irregular gait, the odor of alcohol on the breath, slurred speech, dilated or constricted pupils, inattentiveness, listlessness, hyperactivity, illogical speech, poor job judgment, unusual or abnormal job behavior. B. When possible a second supervisory/managerial employee shall also observe the employee to verify that there is reasonable cause to believe that drug or alcohol consumption may be involved. A determination shall be made as to whether or not the employee's behavior is impaired to the point of being unable to perform his/her duties effectively and safely. Should the drug and/or alcohol test results be positive, the employee shall be relieved of his/her duties and placed on Administrative Leave without pay status. C. If it is concluded that there is cause of reasonable suspicion to believe that drug and/or alcohol consumption is involved, the supervisor or departmental head shall have a drug and/or alcohol test administered through the Human Resource Department. The supervisor will conduct an investigation and will gather any physical evidence, interview the principal parties involved and any eye witnesses, and document the results. If illegal controlled substances are found on the premises, the Police Department will be called immediately. Failure of an employee to take the recommended test(s) may be cause for disciplinary action. The City may also have the employee undergo a physical examination at the City's expense, at the time that the drug or alcohol test is administered. The test must be conducted within a reasonable time period (same day) after the observation of the problem behavior. D. After normal business hours, the employee's supervisor, or designee must contact the City's designated after-hours facility to have a drug and/or alcohol test administered. The employee will be given the opportunity to contact a family member or friend to arrange transportation home after the drug and/or alcohol test is administered. If this alternative cannot be made, the employee's supervisor will take the employee home. If this alternative is not possible, a taxi will be called and the employee will be responsible for the cost of the taxi. Under no circumstances will the employee be allowed to drive. If the employee attempts to drive on his/her own, the Police Department will be called immediately at 799-4445. The supervisor will be responsible for notifying the Human Resources Administrator and the City's Risk Manager if a work -related accident or injury has occurred the next day during normal business hours regarding the facts and circumstances surrounding the employee's drug/alcohol testing, and to complete an incident report. E. If the test is negative, there shall be no loss of pay or benefits. Where appropriate a doctor's signed release may be required by the City before the employee is returned to work. Time lost due to an actual illness will be charged to personal leave. If the behavior that led to the initial investigation is not due to substance abuse but continues to hinder job performance, the City may require the employee to undergo further medical evaluation. F. If the test is positive, discipline may be recommended by the department head, up to and including termination. Circumstances that would warrant an immediate termination would include, but not be limited to, incidents where the employee's impairment resulted in loss of life, serious injury to self or others, the serious loss or damage of property, or an incident of parallel magnitude. G. In cases where immediate termination is not warranted, the employee will be placed on leave status. The employee shall be required to use any accumulated leave before being placed on leave without pay until it is determined, through evaluation by the City's EAP that the employee is able to return to full duty. The employee shall be evaluated by the EAP, and a recommended appropriate treatment shall then be arranged. Once the in -patient part of the program has been completed, the employee may be returned to work with a written release from the EAP and the Human Resources Administrator. An employee who is returned to work as provided for under this procedure, and who fails to comply 61 with any of the terms of an agreement upon treatment and/or return to work agreement, may be subject to the full range of disciplinary action, including termination. H. An employee who is the subject of an investigation related to substance abuse may have a Union representative or another employee present during the investigation procedure outlined above. Disciplinary action taken by the City under this procedure shall be subject to the Grievance Procedure of the Collective Bargaining Agreement. The City, the employee and the union, where applicable, shall work cooperatively to facilitate the resolution of problems that arise under the administration of this policy and procedure. When appropriate the City may enter into joint agreements that establish the form of treatment and the conditions that will be imposed for the return of an employee to the work place. J. Employees will be subject to discipline, up to and including discharge, for refusing to cooperate with searches or investigation. Section 9. Disciplinary Action A. In the case of a first-time violation of the City's policy, which also includes State law, including a positive drug or alcohol test result, the employee will be subject to discipline, up to and including discharge. B. An employee who is employed in a special -risk position may be discharged for the first positive confirmed test result if the drug confirmed is an illicit drug under s.893.03. A special -risk employee who is participating in an employee assistance program or drug rehabilitation program may not be allowed to continue to work in any special -risk or safety -sensitive position. The City shall attempt to place a safety - sensitive employee into a non -safety sensitive position while the employee participates in the employee assistance program or drug rehabilitation program. If such position is not available, or if in -patient treatment is used, the employee may be placed on leave status. An employee placed on leave shall be required to use any accumulated leave before being placed on leave without pay. C. Employees who are not immediately terminated for testing positive or for some other violation of this policy may, at the City's sole discretion, be placed on probation and required to execute an agreement acknowledging: 1. That they tested positive or otherwise violated the policy; and, 62 2. That in exchange for the City not terminating their employment for this instance of testing positive or otherwise violating the policy, they agree to undergo designated rehabilitation or other activities designated by the City's Employee Assistance Program (EAP) in conjunction with management; to undergo periodic unannounced screening for a set period, and be subject to termination for any future violation of the policy. D. Employees who test positive, admit to drug or alcohol use or related misconduct, or voluntarily seek assistance, and are not terminated, will not be returned to work or continue working until they have been evaluated by the City's EAP in conjunction with management to determine if they can safely return to work. E. An employee, who on the basis of unannounced or mandatory testing is found to be under the influence of alcohol or an illegal or illicit drug after successfully completing a treatment program, shall be immediately terminated from employment with the City. F. It shall be the responsibility of the supervisor to follow and enforce the policy and procedures set forth herein. Failure of the supervisor to do so may result in disciplinary action, up to and including discharge. Section 10. Arrestor Conviction for Drug -Related Crimes A. If an employee is arrested for or convicted of a drug -related crime, the City will investigate the circumstances and take appropriate administrative action. In most cases, an arrest for a drug -related crime constitutes reasonable suspicion of drug use under this policy. The following will apply: During the investigation, the employee will be placed on leave without pay. After the investigation is complete, the leave may be converted to a suspension or the employee may be reinstated depending upon the facts and circumstances. 2. If convicted of a drug -related crime, an employee will be terminated. 3. As a condition of employment, an employee will notify the City of any criminal drug statute conviction for a violation which occurred on City premises. The employee must give notice to the City within five (5) days of such conviction. AN Section 11. Confidentiality A. All information received by the City through drug testing is confidential to the extent of the law under Florida Statute 440.102. Section 12. Authority to Issue or Modify Policy or Procedure A. The City's Manager at his/her discretion may issue, modify, approve or rescind departmental directives, SOP's, special orders, policy statements or rules and regulations for business necessity. Section 13: The random testing will become effective when the City's Employee Health and Wellness Center can accommodate the testing. [:1!I ARTICLE 37 TRAMINr. Section 1: Whenever required, as so determined by the Chief of Police and within budgetary limitations, newly promoted officers will be afforded training to assist in preparing them for their new roles. Section 2: The parties acknowledge that not all police officers require an expertise in the use of the variety of police equipment utilized in law enforcement activities and agree that other training may be initiated to provide bargaining unit members with the background to do their job in a competent manner when so determined by the Chief of Police. Section 3: The City agrees that training and field training shall be made in accordance with Department policy. Section 4: A Corrective Action Form will be initiated for any non -disciplinary actions pertaining to a Bargaining Unit member and placed in his/her training file for evaluation purposes. If the Bargaining Unit member does not repeat the conduct subject of this form for a one year period, the form shall be purged in accordance with Florida Department of State General Schedule for State and Local Government Agencies Item 206. If the Bargaining Unit member repeats the conduct subject of this form during the one year period, the Bargaining Unit member may be subject to discipline. 65 ARTICLE 38 TRAVEL ALLOWANCE Section 1: Privately owned vehicles may be used by bargaining unit members on official City business if authorized by the Chief of Police. Whenever travel by a privately owned vehicle is authorized, the bargaining unit member shall be entitled to a mileage allowance per City policy. Section 2: The City shall pay travel expenses in accordance with City policy for bargaining unit members while performing any Department directed activity overnight or outside of Palm Beach County. I_1:49CyI=@& UNIFORMS AND EQUIPMENT Section 1: The City shall furnish uniforms to all bargaining unit members who are required to wear such uniforms in the performance of their duties. Section 2: Any uniform or related equipment initially supplied by the City, which is damages or destroyed while an officer is acting in the performance of his official duties, shall be replaced by the City at no cost to the officer, provided the same is not the result of his negligence. Such claim of loss must be supported with reasonable proof and shall be subject to the approval of the Chief of Police or his designated representatives. Section 3. It shall be the responsibility of each officer to check any vehicle which has been assigned to him to ensure it is in safe operating condition prior to use or operation. All employees are to report any suspected unsafe condition to their immediate supervisor. Section 4: The City agrees to provide a uniform and clothing allowance for bargaining unit members as follows: A. 1. All bargaining unit members shall receive one hundred dollars ($100.00) per month for uniform maintenance. New Hires will receive five (5) shirts and five (5) pairs of pants. Damaged or worn uniforms will be replaced as needed. 2. Communications personnel shall receive seventy-five dollars ($75.00) per month for uniform maintenance. B. A bargaining unit member on leave without pay, disability leave, or excused from wearing a uniform for a full pay period will not receive the uniform maintenance allowance for that pay period. C. Uniforms and equipment lost or damaged beyond repair in the line of duty shall be replaced by the City at no cost to the employees. D. Replacement of uniforms and equipment lost or damaged through the employee's negligence will be replaced by the employee, however may result in disciplinary action. E. Cost for repair or replacement of watches or corrective lenses or sunglasses damaged or destroyed while in the course of duty shall be paid by the City at a cost not to exceed two hundred dollars ($200.00) per item of a like kind. 67 Section 5. A shoe allowance of one hundred twenty-five dollars ($125.00) dollars per year shall be paid to each sworn member of the bargaining unit, effective the first pay period in January. Section 6: Effective the first pay period in July 2014, any Bargaining Unit member that is assigned as a detective shall receive a $750 per year clothing allowance, which shall be paid on a biweekly basis. Effective the first pay period in July 2014, any bargaining unit member assigned to the TAC Unit shall receive a $375 per year clothing allowance, which shall be paid on a biweekly basis. Upon reassignment from the plain clothes position, the clothing allowance shall cease. Section 7: In accordance with Department policy, the City shall provide each sworn officer with a bulletproof vest, however, it shall be just cause for disciplinary action if an officer provided a vest does not wear it while on duty. Section 8: All employees who are provided with uniforms or work clothing, as set forth above, are required to wear these uniforms and work clothing and report to work with them being clean and neat in appearance, unless this requirement is expressly waived by the City. Section 9: All items as provided above, including protective clothing and protective devices, remain the property of the City and are only to be used in accordance with the Departmental work rules. Upon separation, all items, other than those worn out through normal use, must be returned (or paid for) by the employee before their final paycheck will be issued. ARTICLE 40 WORKERS' COMPENSATION AND DISABILITY LEAVE Section 1: Job -Related Injury A. The City will carry Workers' Compensation coverage for all employees covered by this Agreement. The City agrees to pay the premium for said coverage. B. When an employee is absent from duty because of an injury determined to be compensable under the provision of the Workers' Compensation Act, he or she shall be entitled to full pay less any benefit under the Workers' Compensation Act for up to twelve (12) months following the date of injury. However, if benefits required by state law exceed this, he or she shall be compensated accordingly. Section 2: Non -Job Related Illness or Injury: A. Any bargaining unit member with the City who is absent from work due to sickness or injury after fourteen (14) consecutive days is eligible for disability pay. For each separate illness or injury and upon receipt of a disability claim form completed by the treating physician, the employee will be paid at 60% of base salary for a period of up to and not to exceed twenty-six (26) weeks. The employee must supplement the 60% base salary with acute and/or personal leave to equal 100% of base salary. No more than twenty-six (26) weeks' disability will be paid for any one illness or injury within the one (1) year period following the date the disability began. The employee may, at his/her choice, exhaust all personal and/or acute leave before applying for disability pay. B. Upon request of the City Manager, a doctor's certification must be submitted to the City every three (3) weeks if the employee is unable to perform light duty or normal duty in order for the employee to continue to receive sick leave or disability pay. The sickness or injury cannot be in connection with Workers' Compensation, intentional self-inflicted injury, nor related to off -duty employment. C. An individual requiring time off for childbearing shall be subject to the same benefits and restrictions as for any other disability. D. Any member receiving medical treatment over an extended period of time for an illness or injury may be required to provide a physician's written diagnosis, prognosis, approximate date of recovery, and statement that the employee is physically fit to perform the job duties required in the capacity for which he is currently employed. Based on the information received from the physician, or failure to provide requested information may result in reclassification as to duty status. Section 3: When so directed by the City, an employee out of work or released for light duty work under the provision of this article shall present him/her self for a medical examination. The City will bear the full expense of said examination. The failure of such employee to present himself for an examination as directed will operate to automatically terminate any payments under this Article. Section 4: Whenever an employee out of work due to an illness or injury becomes physically able to perform some useful light duty work for the Department, he or she may be required to do so as a condition to receiving benefits under this Article. An employee assigned to light duty shall not receive out -of -classification pay. Section 5: Any employee who is able to work after an illness or injury shall be reinstated to his or her former job, provided he or she is physically qualified to perform all the duties and responsibilities of the previous position. Such statement shall be certified by a medical doctor prior to the employee returning to work. If he or she is unable to assume former responsibilities, the employee shall have first preference to fill another Department position, if a vacancy occurs, and the employee qualifies for such position. Section 6: The employee shall be subject to termination after completion of fifty-two (52) weeks of disability in case of a job -related injury and twenty-six (26) weeks disability in case of a non -job related injury or combination of disability/Workers' Compensation. The determination shall be at the discretion of the Chief of Police and confirmed with the City Manager. 70 ARTICLE 41 WORKWEEK AND OVERTIME Section 1: Compensation for overtime work in excess of forty (40) hours per week, for specialized units, and in excess of 11 hours per day for Road patrol officers, excluding unscheduled leave, shall be at the rate of one and one-half (1.5) the employee's regular rate of pay. Bargaining unit members may elect compensatory time off in lieu of compensation at the rate of one and one-half (1.5) hours for each hour overtime worked, subject to a maximum accrual of one hundred twenty (120) hours compensatory time. Compensatory time cannot be cashed out except upon separation from the City. Employees are encouraged to use compensatory time in order to keep their compensatory time balances as low as possible. Section 2: Overtime pay when so granted will normally be contained in the bargaining unit member's next regular paycheck following the time worked. Compensatory time will be requested in advance and approved in the same manner as personal leave. Section 3: The City will establish the hours of work best suited to meet the needs of the Department to provide superior service to the community, but agrees that work schedules will not intentionally be changed or altered to avoid the payment of overtime. Section 4: Bargaining unit members will be given adequate notice of any change in their regular shift except where exigent circumstances exist. Bargaining unit members required to work beyond their regular duty hours during a riot, hurricane, or emergency condition will receive overtime pursuant to this Agreement. Section 5: All bargaining unit members prepared to begin their assigned duties. action. are expected to report to work on time, Failure to do so shall result in disciplinary Section 6: The City recognizes that unusual circumstances may require that a bargaining unit member may find it necessary to request a change of his scheduled shift. Without obligating the City to pay overtime, bargaining unit members may work for or change shifts with another bargaining unit member performing similar duties. Such determination of duty compatibility and approval shall rest with the Chief of Police or his designated representative. No reasonable request will be denied. The normal workweek is defined as 12:00 a.m., Monday through midnight of the following Sunday, per the Fair Labor Standards Act (FLSA). 71 ARTICLE 42 SUPPLEMENTAL PAY AND HAZARDOUS DUTY PAY Section 1: The City agrees that any member assigned to ride a two wheel motorized vehicle shall while so assigned, receive $50 per week in addition to his/her regular salary. Officers actively assigned to the K-9 Unit will receive $60 per month in addition to their regular salary, paid biweekly. Section 2: Any officer or supervisor assigned to the Traffic Division that is placed on - call shall receive $15 per day to ensure their ability to respond in a proper and timely manner. Additionally, one (1) K-9 Officer will be placed on -call at all times and shall receive $15 per day, effective on ratification of the Agreement. This does not apply during any officially declared emergency such as hurricanes or civil unrest. Section 3: Effective on ratification, any bargaining unit member assigned under the Investigations Bureau shall receive 5% assignment pay calculated on base salary. Such assignment pay shall not be included in the employees' base salary, but shall be paid as a separate line item each pay period. 72 ARTICLE 43 CARE AND MAINTENANCE OF CANINES Section 1: Any canine that has reached the end of its career as determined by a veterinarian, who can no longer perform as a service canine and is reclassified for retirement, the following benefits shall be provided: A) The handler may be authorized to purchase the retired canine for one dollar ($1.00), and shall continue to provide a secure home for the animal's remaining life. B) The handler shall receive $600 at the K-9's retirement, to cover incidental costs. C) K-9 handlers will work four 8-hour shifts, allowing eight 8 hours for the care and maintenance of the canine during each workweek. 73 ARTICLE 44 ADMINISTRATIVE INVESTIGATIONS Section 1: In any investigation pertaining to bargaining unit conduct, any member of the bargaining unit, including the employee(s) that are the subject of the investigation, shall answer any and all questions propounded to them provided. 1) When the interview could involve criminal culpability, the employee will also be advised of his/her rights pursuant to Garrity; 2) Questions will focus on the incident(s) being investigated. Section 2: Failure to answer a question or answering a material question untruthfully will result in termination. 74 In WITNESS WHEREOF, the parties have executed this Agreement on the day of 2014. FOR THE CITY OF PALM BEACH GARDENS Ron Ferris, City Manager zmzus�� Ratified by the City of Palm Beach Gardens on the day of 2014. President I., +0 Ratified by the PBA on the I q L day of JorLAn C1q 2014. Confirmed by: Robert G. Premuroso, Mayor Patricia Snider, City Clerk 75 Confirmed by: APPENDIX A RETIREMENT Retirement benefits and employee contributions for employees covered by this Agreement shall be as provided in the City of Palm Beach Gardens Police Officers' Retirement Plan (the "Plan"), except as provided below. The changes to the existing Retirement System as provided below in paragraphs 5 and 7 shall take effect July 1, 2016. 1. The benefit multiplier shall be 2.75% for all service after September 13, 2012. Employees who are employed on September 13, 2012 shall retain their accrued benefits based on service prior to the effective date. 2. The maximum benefit shall be 75% of average final compensation; provided, any employee who has accrued a benefit percentage in excess of 75% on September 13, 2012 shall retain that benefit percentage, but shall not accrue any additional benefit percentage after September 13, 2012. 3. There shall be no cost of living adjustment applied to benefits earned based on service after September 13, 2012. 4. Compensation for pension purposes shall be base pay, excluding all other compensation; provided, in no event shall compensation for pension purposes be less than an employee's compensation on the day before September 13, 2012, determined in accordance with the Plan provisions in effect on that date. 5. The normal retirement date for all employees with less than 10 years of creditable service on September 13, 2012 shall be age 55 with 10 or more years of creditable service, or 25 years of creditable service regardless of age. Employees with 10 or more years of creditable service on September 13, 2012 shall retain the normal retirement date in effect prior to September 13, 2012 (age 52 with 10 or more years of creditable service or 20 years of creditable service regardless of age). 6. The City may, at its discretion, discontinue participation in Chapter 185, Florida Statutes, following the effective date. At the time the City discontinues participation in Chapter 185 the employee pension contribution shall decrease to 8% of compensation. 76 7. The date upon which an employee may elect to enter the DROP may be delayed until the employee has accrued the maximum benefit of 75% of his or her Final Average Earnings. 8. The Parties agree that the Accumulated Excess Chapter 185 Premium Tax Reserve as of October 1, 2012 ($538,552) shall be applied to reduce the City's annual pension contribution requirement for the 2013-14 and/or 2014-15 plan years, as determined by the City. In the event the Division of Retirement requires a benefit enhancement in conjunction with the foregoing application of the Accumulated Excess Chapter 185 Premium Tax Reserve, the Parties agree that the employee contribution shall be increased by a percentage of covered payroll equal to the amount of the Accumulated Excess Premium Tax Reserve as of October 1, 2012, and then immediately reduced to the current employee contribution level using the Accumulated Excess Chapter 185 Premium Tax Reserve to fund the reduction in employee contributions. In implementing the foregoing, no employee shall be required to contribute more than 8.6% of salary to the Plan, and the City's annual pension contribution requirement for 2013-14 and/or 2014-15 shall be reduced by an amount equal to the Accumulated Excess Chapter 185 Premium Tax Reserve as of October 1, 2012. M CITY OF PALM BEACH GARDENS COUNCIL AGENDA March 6, 2014 7:00 P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. PLEDGE OF ALLEGIANCE H. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AWARD. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VL CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda. please submit request form to the City Clerk prior to this Item) VIIL CONSENT AGENDA: a APPROVE MINUTES FROM FEBRUARY 6, 2014 CITY COUNCIL MEETING. �., b. PURCHASE AWARD: RFP2014-013FN, INVESTMENT ADVISORY AND MANAGEMENT SERVICES. c. PURCHASE AWARD: ITB2014-029FR, FURNISH AND INSTALL EPDXY FLOORING AT FIRE RESCUE STATIONS. d. RESOLUTION 16, 2014 - PLAT APPROVAL FOR PALM BEACH ORTHOPEDIC INSTITUTE (PBOI). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PALM BEACH ORTHOPAEDIC INSTITUTE (PBOI) PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. RESOLUTION 17, 2014 - PLAT APPROVAL FOR PGA PLAZA. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PGA PLAZA PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 18, 2014 — BIG HEART BRIGADE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDENDUM II TO THE AGREEMENT WITH THE BIG HEART BRIGADE, INC. FOR USE OF FACILITIES AND IN -KIND SUPPORT SERVICES IN ORDER TO ASSIST IN THE PRODUCTION OF THE THANKSGIVING FEAST EVENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 9. RESOLUTION 19, 2014 - OPPOSITION TO STATE ROAD 710 AND NORTH LAKE BLVD URBAN INTERCHANGE_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA OPPOSING THE PROPOSED STATE ROAD 710 (BEELINE HIGHWAY) URBAN INTERCHANGE AT THE INTERSECTION OF NORTHLAKE BOULEVARD AND STATE ROAD 710; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. h. RESOLUTION 20, 2014 — PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE EXECUTION OF THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. PROCLAMATION — NATIONAL PROCUREMENT MONTH. IX. I't B t_ I. HEARINGS: t* Designates Ouasi-Judieial Hearing) a. ORDINANCE 2, 2014 — (2"d READING AND ADOPTION) SMALL SCALE COMPREHENSIVE PLAN AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT 5,0 PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3187, ET SEQ_, FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPSS-13-11-000005, WHICH PROVIDES FOR AN AMENDMENT TO THE CITY'S FUTURE LAND USE MAP BY DESIGNATING ONE (1) PARCEL OF REAL PROPERTY COMPRISING APPROXIMATELY ONE AND 68/100 (1.68) ACRES IN SIZE, MORE OR LESS, AS `(C) COMMERCIAL'; SUCH PARCEL BEING LOCATED GENERALLY AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND 1-95; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO DEO; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. "ORDINANCE 3, 2014 - (2"d READING AND ADOPTION) REZONING PROPERTY TO GENERAL COMMERCIAL (CG-1)_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.36 ACRES IN SIZE, MORE OR LESS, LOCATED AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND 1-95; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. -ORDINANCE 5, 2014 - (e READING AND ADOPTION) NORTHLAKE n SUNOCO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM la' BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY S.c7 WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.22 ACRES IN SIZE, MORE OR LESS, LOCATED AT THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND 1-95, TO BE KNOWN AS THE UNLIMITED AUTO WASH PUD; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG- 1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. RESOLUTION 11, 2014 IS A COMPANION ITEM TO ORDINANCE 5, 2014 AND WILL REQUIRE COUNCIL ACTION. *RESOLUTION 11, 2014 - NORTHLAKE SUNOCO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN FOR THE UNLIMITED AUTO WASH PLANNED UNIT DEVELOPMENT (PUD); LOCATED AT THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND 1-95, AS MORE PARICULARLY DESCRIBED HEREIN, TO ALLOW AN ADDITIONAL CAR WASH LANE AND TO ADD A CANOPY TO THE EXISTING CAR WASH; PROVIDING A WAIVER; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. RESOLUTION 14, 2014 - COLLECTIVE BARGAINING AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH d� GARDENS, FLORIDA APPROVING AND RATIFYING AN AGREEMENT WITH THE POLICE BENEVOLENT ASSOCIATION FOR POLICE OFFICERS, SERGEANTS, AND COMMUNICATIONS OPERATORS EMPLOYED BY THE CITY'S POLICE DEPARTMENT FOR FISCAL YEARS 2013-2016; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. 40TH TERRACE AND SUNSET DRIVE INFRASTRUCTURE IMPROVEMENTS SURVEY — UPDATE AND DISCUSSION. XH. CITY ATTORNEY REPORT: XHL ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286 26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. r ✓7w%7'. &,7J0 CITY OF PALM BEACH GARDENS COUNCIL AGENDA March 6, 2014 7:00 P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. ✓ PLEDGE OF ALLEGIANCE II. BOLL CALL III. ;ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AWARD. V. ✓ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. V CITY MANAGER REPORT: VII. ;/COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: %Q a. APPROVE MINUTES FROM FEBRUARY 6, 2014 CITY COUNCIL MEETING. b. PURCHASE AWARD: RFP2014-013FN, INVESTMENT ADVISORY AND MANAGEMENT SERVICES. c. PURCHASE AWARD: ITB2014-029FR, FURNISH AND INSTALL EPDXY FLOORING AT FIRE RESCUE STATIONS. d. RESOLUTION 16, 2014 - PLAT APPROVAL FOR PALM BEACH ORTHOPEDIC INSTITUTE (PBOI). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PALM BEACH ORTHOPAEDIC INSTITUTE (PBOI) PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. RESOLUTION 17, 2014 - PLAT APPROVAL FOR PGA PLAZA. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PGA PLAZA PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 18, 2014 — BIG HEART BRIGADE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDENDUM II TO THE AGREEMENT WITH THE BIG HEART BRIGADE, INC. FOR USE OF FACILITIES AND IN -KIND SUPPORT SERVICES IN ORDER TO ASSIST IN THE PRODUCTION OF THE THANKSGIVING FEAST EVENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. g. RESOLUTION 19, 2014 - OPPOSITION TO STATE ROAD 710 AND NORTH LAKE BLVD URBAN INTERCHANGE. A RESOLUTION OF THE CITY PVCCOUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA OPPOSING THE PROPOSED STATE ROAD 710 (BEELINE HIGHWAY) URBAN INTERCHANGE AT THE INTERSECTION OF NORTHLAKE BOULEVARD AND 5`0 STATE ROAD 710; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. In. RESOLUTION 20, 2014 — PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE EXECUTION OF THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. PROCLAMATION — NATIONAL PROCUREMENT MONTH. IX. PUBLIC HEARINGS: (* Desimnates Quasi -Judicial Hearing) a. ORDINANCE 2, 2014 — (2"d READING AND ADOPTION) SMALL SCALE COMPREHENSIVE PLAN AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A © SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPSS-13-11-000005, WHICH PROVIDES FOR AN AMENDMENT TO THE CITY'S FUTURE LAND USE MAP BY DESIGNATING ONE (1) PARCEL OF REAL PROPERTY COMPRISING APPROXIMATELY ONE AND 68/100 (1.68) ACRES IN SIZE, MORE OR LESS, AS "(C) COMMERCIAL"; SUCH PARCEL BEING LOCATED GENERALLY AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND 1-95; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO DEO; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. *ORDINANCE 3, 2014 — (2"d READING AND ADOPTION) REZONING PROPERTY TO GENERAL COMMERCIAL (CG-1). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.36 ACRES IN SIZE, MORE OR LESS, LOCATED AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND 1-95; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. *ORDINANCE 5, 2014 — (2"d READING AND ADOPTION) NORTHLAKE SUNOCO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.22 ACRES IN SIZE, MORE OR LESS, LOCATED AT THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND 1-95, TO BE �0 KNOWN AS THE UNLIMITED AUTO WASH PUD; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG- 1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 11, 2014 IS A COMPANION ITEM TO ORDINANCE 5, 2014 AND WILL REQUIRE COUNCIL ACTION. *RESOLUTION 11, 2014 - NORTHLAKE SUNOCO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN FOR THE UNLIMITED AUTO WASH PLANNED 5'UNIT DEVELOPMENT (PUD); LOCATED AT THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND 1-95, AS MORE PARICULARLY DESCRIBED HEREIN, TO ALLOW AN ADDITIONAL CAR WASH LANE AND TO ADD A CANOPY TO THE EXISTING CAR WASH; PROVIDING A WAIVER; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. RESOLUTION 14, 2014 - COLLECTIVE BARGAINING AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AND RATIFYING AN AGREEMENT WITH 5,0 ,0 THE POLICE BENEVOLENT ASSOCIATION FOR POLICE OFFICERS, SERGEANTS, AND COMMUNICATIONS OPERATORS EMPLOYED BY THE CITY'S POLICE DEPARTMENT FOR FISCAL YEARS 2013-2016; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. vXl. � ITEMS FOR COUNCIL ACTION/DISCUSSION: a. 40TH TERRACE AND SUNSET DRIVE INFRASTRUCTURE IMPROVEMENTS SURVEY — UPDATE AND DISCUSSION. XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: f Addres.s: c� city: Subject: �-2r V^ Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council. must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: Address: _ City: Subject: _ COMMENTS FROM THE PUBLIC Request to Address City Council - Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council. must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Addres$:-e City:lT - Subject: ©� Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. �S-U 3 14 G'r`j CoN ut mear; J' Ps CITY COUNCIL MEETING 03/06/14 PROPOSED ADDITIONS. DELETIONS AND MODIFICATIONS ADDITIONS: NONE DELETIONS: UNDER ANNOUNCEMENTS/PRESENTATIONS: The presentation of the Comprehensive Annual Financial Report (CAFR) Award will be re -scheduled to the April 3, 2014 City Council meeting. MODIFICATIONS: NON gac,aL lea Yk ay Rork Pee f k , Ps August 14, 2013 Mr. Ronald M. Ferris, City Manager City of Palm Beach Gardena 10500 North Military Trail Palm Beach Gardens, .FL 33410 Re: Houston Astros and Toronto Blue lays interest in potential spring training facility in Palm Beach Gardens Dear Mr. Ferris: We are writing you on behalf of the Houston Astws, LLC ("Astral"). owner of the Houston Asrros Major League Baseball team, and Rogers Blue Jays Baseball Partnership ("RBJB1r% owner of the Toronto Blue Jays Major League Baseball team and Dunedin Bette lays Florida State League team. As we previously discussed, please accept this letter as a request for all documents, records, reports, correspondence, conversations, applications, data and other sources of information concerning out business plans, interests, or intention to evaluate or locate in Palm Beach County, Florida, as well as other trade secrets, identification, account, and registration numbers, and proprietary confidential business information of any kind, to be held confidential pursuant to Section 288.075, Florida Statutes, for a period of 12 months after the date of receipt o this re ue dentialit - For certainty, all such information itir+tettdel to cove y is request and to be kep confidential whether it involves or originates from either or both of the Axtros and/or RBJBP. This request covers the City of Palm Beach Gardens, the City Attorney's Office, and all City departments under the City Manager (the "Specified EntlfiW'). if any of the Specified Entities are. for any reason, not considered to be an "Economic development agency„ in accordance with Section 288.075, Florida Statutes, or if there is any other reason why any of the Specified Entities would not be fund to maintain the confidentiality of the aforementioned information notwithstanding this request, please advise immediately. Sincereli 4'Giks I ! be Houston o , Matthew uber Rogers Blue Jays Baseball Partnership 314104 Ciyy C ut Ate,Tin,f. ReoKe IKtn J14 A.4- 1 a y ,may ow �,e,,,,,,,�so . p� Tonight we are holding quasi -Judicial hearings on the following cases • *ORDINANCE 3, 2014 — (2nd READING AND ADOPTION) REZONING PROPERTY TO GENERAL COMMERCIAL (CG-1). • *ORDINANCE 5, 2014 — (2nd READING AND ADOPTION) NORTHLAKE SUNOCO. • *RESOLUTION 11, 2014 - NORTHLAKE SUNOCO. This means that the City Council is required by law to base its decision on the evidence contained in the record of this proceeding, which consists of the testimony at the hearing, the materials which are in the official City file on this application and any documents presented during this hearing. The Council is also required by law to allow cross-examination of any witnesses who testify tonight. Cross- examination may occur after the staff, the applicant and other participants have made their presentations and will be permitted in the order of the witnesses' appearance. It is necessary that anyone who testifies at the hearing remain until the conclusion of the hearing in order to be able to respond to any questions. If you plan to testify this evening, or wish to offer written comments, please fill out a card and give it to the City Clerk. The City Clerk will now swear in all persons who intend to offer testimony this evening on any of these cases. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION Whereas, the public procurement profession plays a significant role in the efficiency and effectiveness of both government and business; and Whereas, in addition to the purchase of goods and services, procurement adds value to the organization by performing functions such as executing, implementing and administering contracts, conduct market research and analyses, developing strategic procurement strategic procurement methodologies, and cultivating working relationships with suppliers and other departments within the organization; and Whereas, the primary objectives of a first-class procurement organization extend beyond the traditional belief that procurement's primary role is to obtain goods and services in response to internal needs; and Whereas, these primary objectives include supporting operational requirements, manage the purchasing and contracting process equitably, efficiently and effectively; and Whereas, the objective of the City of Palm Beach Gardens Purchasing and Contracts Department include supporting operational requirements, managing the purchasing and contracting, develop strong relationships with other functional groups and stakeholders and support organizational goals and objectives; and Whereas, the Purchasing and Contracts Department is committed to the fair, equitable, and timely acquisition of goods and services for the City of Palm Beach Gardens and to cultivate an ethical and professional environment; and Whereas, using technology, competition, and best practices, we strive to bring the greatest value to the City and its residents in an efficient and cost-effective manner while embracing the Values and Guiding Principles of Public Procurement of Accountability, Ethics, Impartiality, Professionalism, Services and Transparency. NOW, THEREFORE, 1, Robert Premuroso, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim March 1, 2014: NATIONAL PROCUREMENT MONTH in the City of Palm Beach Gardens and urge all citizens to show their support and expand the awareness of the purchasing professionals' role to governmental officials, the general public, business and corporate leaders. FN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 6`h day of March in tl' ' ctr of -our Lord, Two Thousand Fourteen. Mayor Robert G. Premuroso