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HomeMy WebLinkAboutAgenda Council Agenda 050114CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 1, 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. 2013 ANNUAL AUDIT REPORT. 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 APRIL 3, 2014 CITY COUNCIL MEETING. b. PURCHASE AWARD — TRANSPORTATION SERVICES — SUMMER CAMP. c. RESOLUTION 27, 2014 — LEGACY PLACE PCD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDITIONAL SPECIAL EVENTS FOR THE LEGACY PLACE PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. RESOLUTION 28, 2014 - EMERGENCY PURCHASE TO D.S. EAKINS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RATIFYING AN EMERGENCY PURCHASE TO D.S. EAKINS CONSTRUCTION CORPORATION FOR A STORM WATER PIPE REPAIR UNDER GARDENS SQUARE BOULEVARD AND GARDEN LAKES DRIVE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. RESOLUTION 33, 2014 — RECOGNIZING CITY ATTORNEY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RECOGNIZING R. MAX LOHMAN, ESQ. AS THE CITY ATTORNEY AND COMMEMORATING FIVE (5) YEARS OF SERVICE AS SAME; PROVIDING A CONFLICTS CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. PURCHASE AWARD — CHANGE ORDER FOR LIGHTHOUSE BRIDGE REFURBISHMENT/REPAIRS. g. PROCLAMATION — MUNICIPAL CLERKS WEEK. h. PROCLAMATION — WATER REUSE WEEK — MAY 18-24, 2014 PROCLAMATION — NATIONAL PUBLIC WORKS WEEK. PROCLAMATION — CIVILITY MONTH. k. PROCLAMATION — NATIONAL POLICE WEEK. PROCLAMATION — NATIONAL MISSING AND EXPLOITED CHILDREN'S DAY. IX. PUBLIC HEARINGS: (* Designates Quasi -Judicial Hearing) a. ORDINANCE 6, 2014 — ELECTIONS. (2ND READING AND ADOPTION). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. AT SECTION 26-8. INITIATIVE AND REFERENDUM. BY REPEALING SUBSECTION (g) AND READOPTING SAME, AS REVISED, IN ACCORDANCE WITH SECTION 163.031, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 26. ELECTIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. ORDINANCE 7, 2014 — (1st READING). AMEND THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR'S). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-228. LANDSCAPE ELEMENTS. BY REPEALING AND READOPTING SUBSECTIONS (b)(1)b AND (c), AS REVISED; FURTHER AMENDING SECTION 78-228. LANDSCAPE ELEMENTS. BY DELETING SUBSECTIONS (c)(1) THROUGH (c)(4) IN THEIR ENTIRETY; AMENDING SECTION 78-229. SIGNAGE AND OUTDOOR DISPLAYS. BY REPEALING SUBSECTION (a)(2) AND READOPTING SAME, AS REVISED, AND BY DELETING SUBSECTIONS (a)(3) AND (a)(4) IN ORDER TO REPEAL DEADLINES FOR LANDSCAPING AND SIGNAGE COMPLIANCE UNDER THE NORTHLAKE BOULEVARD OVERLAY ZONE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. ORDINANCE 9, 2014 — (1ST READING). POLICE OFFICERS' RETIREMENT TRUST FUND. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 50. POLICE. OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA AT ARTICLE III. POLICE OFFICERS' RETIREMENT TRUST FUND. BY REPEALING SUBSECTION 50-62(c) AND READOPTING SAME, AS REVISED; BY REPEALING SECTION 50-116. NORMAL RETIREMENT. AND READOPTING SAME, AS REVISED; AND BY REPEALING SECTION 50-151. ELIGIBILITY TO PARTICIPATE. AND READOPTING SAME, AS REVISED IN ORDER TO IMPLEMENT THE TERMS OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 50. POLICE. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIIL 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. 2 rRampefl & Rampell, P.A. certified public accountants 0 April 21, 2014 To Honorable Mayor, City Council City of Palm Beach Gardens, Florida We have audited the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Palm Beach Gardens, Florida for the year ended September 30, 2013. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated October 24, 2013. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findines Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The sig- nificant accounting policies used by the City of Palm Beach Gardens, Florida are described in Note 1 to the financial statements. As described in Note 1 to the financial statements, the City changed an accounting policy related to deferred inflows/outflows of resources by adopting Statement of Governmental Accounting Standards (GASB Statement) No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position and Statement No. 65, Items Previously Report- ed as Assets and Liabilities in Fiscal Year 2013. We noted no transactions entered into by the City during the year for which there is a lack of au- thoritative guidance or consensus. All significant transactions have been recognized in the finan- cial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assump- tions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City of Palm Beach Gardens, Florida's financial statements were: Management's estimate of the annual pension cost and the actuarial accrued lia- bility for Police, Fire, and General Employees pension plans is based on actuarial valuations of the pension plans. The actuaries relied on employee data and other plan information provided by the City. In addition, multiple assumptions were factored into the analysis by the actuaries and these assumptions are more fully described in Note 8 to the financial statements. 223 Sunset Avenue ♦ Suite 200 ♦ Palm Beach, FL 33480 ♦ TEL (561) 655-5855 ♦ FAX (561) 655-7688 Honorable Mayor, City Council City of Palm Beach Gardens, Florida April 21, 2014 Page 2 Management's estimate of the net other post employment benefits obligation is based on an actuarial valuation. The actuary relied on employee data, plan information and claims data provided by the City. In addition, multiple assumptions were factored into the anal- ysis by the actuary and these assumptions are more fully described in Note 9 to the finan- cial statements. Management's estimate of incurred but not reported claims (IBNR) was developed by an employee benefit consulting service. The analysis is based on actual medical and pre- scription claims paid through September 30, 2013. Management's estimate of depreciation on property, plant and equipment is computed us- ing the straight-line method over useful lives that range from 75 years for drainage struc- tures to 3 years for machinery and equipment. Management's estimate of the allowance for doubtful accounts for emergency medical services provided is determined based on the age of the individual receivable. Generally, the allowance includes accounts over 60 days past due. We evaluated the key factors and assumptions used to develop these estimates at September 30, 2013, in determining that they are reasonable in relation to the financial statements taken as a whole. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of manage- ment. There were no known or likely misstatements identified during the audit. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or audit- ing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management repre- sentation letter dated April 18, 2014. 0 Honorable Mayor, City Council City of Palm Beach Gardens, Florida April 21, 2014 Page 3 Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting mat- ters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the governmental unit's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing stand- ards, with management each year prior to retention as the governmental unit's auditors. However, these discus- sions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters With respect to the supplementary information accompanying the financial statements, we made certain inquir- ies of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements them- selves. This information is intended solely for the use of Mayor, City Council and management of the City of Palm Beach Gardens, Florida and is not intended to be, and should not be, used by anyone other than these specified parties. Rampell & Rampell, P.A. Palm Beach, Florida IN ` •- n =. 1, ,_. Fi i;: v�, ,a�; Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2013 City of Palm Beach Gardens, Florida Comprehensive Annual Financial Report Year Ended September 30, 2013 PREPARED BY THE FINANCE DEPARTMENT City of Palm Beach Gardens, Florida Table of Contents Introductory Section Letter of Transmittal iii Principal City Officials vii Organization Chart viii Certificate of Achievement for Excellence in Financial Reporting ix Financial Section Report of Independent Certified Public Accountants 5 Management's Discussion and Analysis 9 Basic Financial Statements: Government -Wide Financial Statements: Statement of Net Position 23 Statement of Activities 24 Fund Financial Statements: Governmental Funds: Balance Sheet — Governmental Funds 26 Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Position 28 Statement of Revenues, Expenditures and Changes in Fund Balances — Governmental Funds 30 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of the Governmental Funds to the Statement of Activities 32 Proprietary Funds: Statement of Net Position — Proprietary Funds 34 Statement of Revenues, Expenses and Changes in Net Position — Proprietary Funds 35 Statement of Cash Flows — Proprietary Funds 36 Fiduciary Funds: Statement of Net Position — Fiduciary Funds 38 Statement of Changes in Net Position — Fiduciary Funds 39 Notes to Basic Financial Statements 43 Required Supplementary Information Budgetary Comparison Schedule — General Fund 72 Schedule of Funding Progress 76 Schedule of Employer Contributions 77 Schedule of OPEB Funding Progress 78 Notes to Required Supplementary Information 79 Financial Section (continued) Combining and Individual Fund Financial Statements and Schedules: Other Governmental Funds 85 Combining Balance Sheet — Other Governmental Funds 86 Combining Statement of Revenues, Expenditures and Changes in Fund Balances — Other Governmental Funds 90 Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — Police Training — Special Revenue Fund 94 Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — Recreation Programs — Special Revenue Fund 95 Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — Golf Course — Special Revenue Fund 96 Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — Local Option Gas Tax — Special Revenue Fund 97 Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — Recreation Impact — Capital Projects Fund 98 Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — Road Impact — Capital Projects Fund 99 Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — Police Impact — Capital Projects Fund 100 Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — Fire Impact — Capital Projects Fund 101 Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — Art Impact — Capital Projects Fund 102 Combining Statement of Net Position — Internal Service Funds 103 Combining Statement of Revenues, Expenses and Changes in Net Position — Internal Service Funds 104 Combining Statement of Cash Flows — Internal Service Funds 105 Combining Statement of Fiduciary Net Position — Pension Trust Funds 107 Combining Statement of Changes in Fiduciary Net Position — Pension Trust Funds 108 Statistical Section Index 111 Financial Trends: Table 1 — Net Position by Component 112 Table 2 — Changes in Net Position 114 Table 3 — Fund Balances of Governmental Funds 118 Table 4 — Changes in Fund Balances of Governmental Funds 120 Statistical Section (continued) Revenue Capacity: Table 5 — Net Assessed Value and Estimated Actual Value of Taxable Property 122 Table 6 — Property Tax Rates — Direct and Overlapping Governments 124 Table 7 — Principal Property Taxpayers 126 Table 8 — Property Tax Levies and Collections 127 Debt Capacity: Table 9 — Ratios of Outstanding Debt by Type 128 Table 10 — Ratios of General Bonded Debt Outstanding 130 Table 11 — Direct and Overlapping Governmental Activities Debt 131 Table 12 — Pledged Revenue Coverage 132 Demographic and Economic Information: Table 13 — Demographic and Economic Statistics 134 Table 14 — Principal Employers 135 Operating Information: Table 15 — Full-time Equivalent City Government Employees by Function 136 Table 16 — Operating Indicators by Function/Program 138 Table 17 — Capital Assets Statistics by Function/Program 140 Compliance Section Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in 143 Accordance with Government Auditing Standards Management Letter In Accordance with the Rules of the Auditor General of the State of Florida 145 INTRODUCTORY SECTION This page intentionally 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CITY OF PALM BEACH GARDENS 10500 N. Military Trail • Palm Beach Gardens, Florida 33410-4698 April 18, 2014 To the Honorable Mayor, Members of the Governing Council, and Citizens of the City of Palm Beach Gardens, Florida State law requires that all general-purpose local governments publish within nine months of the close of each fiscal year a complete set of financial statements presented in conformity with accounting principles generally accepted in the United States of America ("GAAP") and audited in accordance with generally accepted auditing standards by a firm of licensed certified public accountants. Pursuant to that requirement, we hereby issue the comprehensive annual financial report of the City of Palm Beach Gardens, Florida for the year ended September 30, 2013. This report consists of management's representations concerning the finances of the City of Palm Beach Gardens. Consequently, management assumes full responsibility for the completeness and reliability of all the information presented in this report. To provide a reasonable basis for making these representations, management of the City of Palm Beach Gardens has established a comprehensive internal control framework that is designed both to protect the government's assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the City of Palm Beach Gardens' financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh their benefits, the City of Palm Beach Gardens' comprehensive framework of internal controls has been designed to provide reasonable, rather than absolute assurance that the financial statements will be free from material misstatement. As management, we assert that to the best of our knowledge and belief, this financial report is complete and reliable in all material respects. The City of Palm Beach Gardens' financial statements have been audited by Rampell and Rampell, P.A., a firm of licensed certified public accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City of Palm Beach Gardens for the year ended September 30, 2013, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit, that there was a reasonable basis for rendering an unmodified opinion that the City of Palm Beach Gardens' financial statements for the year ended September 30, 2013, are fairly presented in conformity with GAAP. The independent auditor's report is presented as the first component of the financial section of this report. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis ("MD&A"). This letter of transmittal is designed to complement MD&A and should be read in conjunction with it. The City of Palm Beach Gardens' MD&A can be found immediately following the report of the independent auditors. Profile of the Government Palm Beach Gardens, incorporated in 1959, is located in the southeastern part of Florida, approximately 7 miles north of West Palm Beach and 70 miles north of Miami. The City currently has a land area of 56 square miles, making it one of the largest cities in Palm Beach County, and has a population of 49,434. The City is empowered to levy a property tax on real property located within its boundaries. The City also has the power by state statute to extend its corporate limits by annexation, which is done periodically when deemed appropriate by the City Council. The City of Palm Beach Gardens has operated under the Council -Manager form of government from its inception. Policy -making and legislative authority are vested in the Governing Council, which consists of a mayor and four Council Members. The Governing Council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees and hiring the City Manager and City Attorney. The City Manager is responsible for carrying out the policies and ordinances of the Governing Council, for overseeing the day-to-day operations of the City and for appointing the heads of the City's departments. The Council is elected on a non -partisan basis. Council Members are elected to three-year staggered terms, with two Council Members elected one year and three Council Members the following year. Council Members are elected at large; the mayor is selected annually from among the Council Members by the Council Members themselves. The City of Palm Beach Gardens provides a full range of services, including police and fire protection; the construction and maintenance of highways, streets, and other infrastructure; and recreational activities and cultural events. Water and sewer services are provided through Seacoast Utilities, a legally separate Water and Sewer Authority, which functions totally independent of the City of Palm Beach Gardens, and therefore has not been included as an integral part of the City of Palm Beach Gardens' financial statements. There are no component units of the City of Palm Beach Gardens at this time. The annual budget serves as the foundation for the City of Palm Beach Gardens' financial planning and control. All departments of the City of Palm Beach Gardens are required to submit requests for appropriation to the City Manager in March each year. The City Manager uses these requests as the starting point for developing a proposed budget. The City Manager then presents this proposed budget to the Council for review prior to July 31. The Council is required to hold two public hearings on the proposed budget and to adopt a final budget no later than September 30, the close of the City of Palm Beach Gardens' fiscal year. The appropriated budget is prepared by fund, function (e.g., public safety), and department (e.g., police). The budget may be amended in several ways. An intradepartmental or interdepartmental transfer within the same fund may be authorized by the City Manager. A transfer between different funds may be authorized initially by the City Manager, subject to approval within 30 days by resolution adopted by the City Council. A third way is a transfer from the contingency account of the City Council, which may be authorized only by resolution adopted by the Council; except that, in the event of an emergency declared by the Manager, such a transfer may be made initially upon authorization of the Manager, subject to approval within 30 days by resolution adopted by the Council. Any increase in the total appropriations for a fund must be approved by ordinance of the Council. Budget -to -actual comparisons are provided in this report for each individual governmental fund for which an appropriated annual budget has been adopted. For the general fund, this comparison is presented on pages 72-75. Local Economy. The City of Palm Beach Gardens has evolved into an upscale community with the current tax base of the City reflecting a dependence on residential tax assessments with approximately 79% of ad valorem taxes generated by the residential component. Additionally, the City does not assess many of the traditional taxes that other municipalities use for generating revenue, but rather, it primarily depends on ad valorem taxes to fund services. Residents are not assessed additional taxes for utility, solid waste, storm water, or fire rescue; and pay a minimal amount in communication services taxes. The City has opted to pay for these services out of ad valorem assessments. Because the City of Palm Beach Gardens has been fortunate to have land mass that has been available for residential development, the reliance on ad valorem taxation has not been a major concern in past years. However, as the City approaches build -out, it is prudent to diversify the tax base in lieu of the escalating costs of providing services to residents. in January 2008, Florida voters approved Amendment 1, which granted an additional $25,000 Homestead Exemption, exempted the first $25,000 of tangible personal property from taxation, provided portability of up to $500,000 of the Save Our Homes Exemption on sales of properties, and limited increases in the assessed value of non -homesteaded properties to 10%. The effect iv on the City's tax revenues was substantial, and necessitated the exploration of alternate funding sources and expenditure reductions to maintain current levels of services. In an effort to diversify and thus stabilize the economic base, the City of Palm Beach Gardens realized the need to attract industries and employers. Before state and local officials began courting The Scripps Research Institute, the City adopted an Economic Development Element in the City's Comprehensive Plan in January, 2005. Its adoption indicated the City's commitment to its economic goal to achieve a balanced and diversified economy which is compatible with the City's quality built environment and protects important natural resources. The City adopted policies in order to attain the objectives of a balanced and diversified economy, moderate seasonality in employment, increase opportunity for small business enterprises, improve the availability of education and training opportunities, and maintain the balance between man-made and natural environments. Based on the skill sets of the citizenry (available work force) and demographic data collected, growth in targeted cluster industries such as biotechnology, communications, information technology, medical products, marine biology, aerospace research, and associated ancillary businesses would be encouraged. The City has committed a portion of fund balance that will be used to provide future economic incentives as a way to attract companies in these industries. Major industries with headquarters or divisions located within the government's boundaries or in close proximity include bioscience, security, medical manufacturing, education, health care, financial services, and leisure service industries. Major employers include G4S Headquarters, Palm Beach Gardens Medical Center, Palm Beach County School Board, PGA National Resort & Spa, TBC Corp, Biomet 3i, Belcan Engineering Group, Cross Match Technologies, and Anspach Companies. The bioscience industry will continue to grow rapidly within the City's boundaries as the expansion of the Scripps Research Institute develops. The location of the Scripps Research Institute will further the goals of the Economic Development Element of the City of Palm Beach Gardens Comprehensive Plan and will ensure a diversified economy, shift ad valorem tax revenues away from the residential component, encourage growth in cluster industries that provide high -wage employment, and complement changing economic conditions. The development will not only include the Scripps Research facility, and its related spin-off businesses, but also residential units, schools, recreational facilities, and general commercial areas. Phase I of the Scripps Florida development has been completed and included the construction of the Scripps Florida headquarters. The campus includes three buildings with 350,000 square feet of laboratory and administrative space. Germany's Max Planck Society building has also been completed on a 100,000 square foot biomedical research facility located next to Scripps Florida on six acres at Florida Atlantic University in Jupiter. Phase II of the Scripps Florida development is a proposed multi -use master plan community within the City of Palm Beach Gardens located on approximately 683 acres of the Briger site. The proposed project includes 2,600,000 square feet of industrial/research, 1,200,000 square feet of office space, 500,000 square feet of retail space, 300 hotel rooms and 2,700 dwelling units. The proposed Scripps -Florida Phase II will generate 8,652 permanent full time jobs and 9,478 new full time and part time jobs for the local economy over the next two decades. In July of 2013, Florida Power & Light (FPL) was granted approval by the City for a master plan to develop a 1,000,000 square foot corporate headquarter within the City that will employ up to 3,500 people. The City of Palm Beach Gardens had an unemployment rate of 4.9%. This rate compares favorably to the state of Florida rate of 6.8% and to the national unemployment rate of 7.2%. With the prospect of a major biotech medical research facility expanding within the City and the addition of a number of corporate headquarters, future employment within the City appears more than stable. Long-term financial planning. As mentioned previously, the Scripps Research Institute will be located at the parcel of land known as the Briger site. Phase I of the Scripps project has recently been completed and encompasses 350,000 square feet of building within the Town of Jupiter on 30 acres on the Abacoa FAU campus. The remainder of the Scripps Florida program or 1.6 million square feet will be accommodated on 70 acres of the Briger site which is located within the City of Palm Beach Gardens. The Scripps Florida development presents many opportunities for the future financial stability of the City. However, there are also many challenges that will need to be dealt with. There will be quality of life issues that the City must face, such as transportation, roads, education, recreation, public safety and general government levels of services that must not be compromised for either existing or future residents. Unassigned fund balance in the general fund (39% of total general fund expenditures) exceeds the policy guideline of a minimum of 17%. Due to future uncertainties related to the current economic and financial crisis along with changes to tax reform, the City is dedicated to maintaining a strong fund balance position throughout the coming fiscal years. Major Initiatives. During 2013, there were several projects that will further enhance the City's parks, facilities, and roadways. Three major projects included the Golf Course Modernization project, the construction of a new fire station, and the Plant/Lilac Park improvement project. The Golf Course Modernization project will be completed during the next fiscal year and includes improvements to the irrigation system, playing surfaces, drainage upgrades, and other course improvements. The project was 85% complete as of September 30, 2013. A new fire station was approved during the fiscal year but construction will begin during the next fiscal year. Funding was received in the amount of $2.6 million. The Plant/Lilac Park Improvement project includes the construction of restrooms and concession stands at both Lilac and Plant Drive parks as well as installation of additional fencing, parking, and other amenities to improve the current use. The project was 61 % complete as of September 30, 2013. Awards and Acknowledgements The Government Finance Officers Association ("GFOK) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Palm Beach Gardens for its comprehensive annual financial report ("CAFR") for the year ended September 30, 2012. This was the eighteenth consecutive year that the government has received this prestigious award. In order to be awarded a Certificate of Achievement, the government published an easily readable and efficiently organized CAFR. This report satisfied both GAAP and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current CAFR continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. The GFOA also awarded the Award for Distinguished Budget Presentation to the City of Palm Beach Gardens for its operating and capital improvements budget for the year ended September 30, 2013. In order to qualify for the Distinguished Budget Presentation Award, the City's budget document was judged to be proficient in several categories, including as a policy document, a financial plan, an operations guide, and a communications device. The preparation of this report would not have been possible without the efficient and dedicated services of the entire staff of the Finance Department. We would like to express our appreciation to all members of the department who assisted and contributed to the preparation of this report. Credit also must be given to the Mayor and the Governing Council for their unfailing support for maintaining the highest standards of professionalism in the management of the City of Palm Beach Gardens' finances. Respectfully sub ed, Ron Ferris City Manager Allan Owens, CPA, CGFO Finance Administrator vi City of Palm Beach Gardens, Florida Principal City Officials As of September 30, 2013 TITLE NAME Mayor Robert G. Premuroso Vice -Mayor Eric Jablin Council Member Joseph R. Russo Council Member Marcie Tinsley Council Member David Levy City Manager Ronald M. Ferris Deputy City Manager Jack Doughney City Attorney Corbett & White, P.A. City Clerk Patricia Snider Finance Administrator Allan Owens Human Resources Administrator Sheryl Stewart Information Technology Administrator Eric Holdt Chief of Police Stephen Stepp Fire Chief Michael Southard vii City of Palm Beach Gardens, Florida Organization Chart Administration Information i -' IPolice Planning & Technology Manager Zoning Public Parks & Construction Engineering Neighborhood Golf Recreation Grounds Services Services Facilites VIII Governnicn[ Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presentcd:o City of Palen Beach Gardens Florida For its Comprchcnsivc: Annual Financial Report for the Fiscal Year Ended September 30, 2012 Exccutive Dirccctor/CEO FINANCIAL SECTION This page intentionally left blank. REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS This page intentionally left blank. 2 Rampe11 & Rampell, P.A. certified public accountants 0 REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS To the Honorable Mayor, City Council City of Palm Beach Gardens, Florida Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of City of Palm Beach Gardens, Florida as of and for the year ended September 30, 2013, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this in- cludes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the City of Palm Beach Gardens, Florida's Police Officers' Pen- sion Fund and the City of Palm Beach Gardens, Florida's Firefighters' Pension Fund (collectively, the Pension Trust Funds), which represents 98% of the total assets and total additions of the Fiduciary Funds of the City of Palm Beach Gardens, Florida. Those financial statements were audited by other auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the amounts included for the Pension Trust Funds, is based solely on the reports of the other audi- tors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effec- tiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also in- cludes evaluating the appropriateness of accounting policies used and the reasonableness of signifi- cant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate re- maining fund information of the City of Palm Beach Gardens, Florida, as of September 30, 2013, and the respective changes in financial position, and, where applicable, cash flows thereof for the 223 Sunset Avenue ♦ Suite 200 ♦ Palm Beach, FL 33480 ♦ TEL (561) 655-5855 ♦ FAX (561) 655-7688 5 year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis on pages 9 through 19 and the budgetary comparison schedule, schedules of funding progress and employer contributions for the defined benefit pension plans, and the schedule of funding progress for other postemployment benefits on pages 72 through 81 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Palm Beach Gardens, Florida's basic financial statements. The introductory section, combining and individual nonmajor fund financial statements, and statistical section, are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements are fairly stated in all material respects in relation to the basic financial statements as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated April 18, 2014, on our consideration of the City of Palm Beach Gardens, Florida's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City of Palm Beach Gardens, Florida's internal control over financial reporting and compliance. Rampell & Rampell, P.A. Palm Beach, Florida April 18, 2014 0 MANAGEMENT'S DISCUSSION AND ANALYSIS This page intentionally left blank. City of Palm Beach Gardens, Florida Management's Discussion and Analysis As management of the City of Palm Beach Gardens, Florida (the "City"), we offer readers of the City's financial statements this narrative overview and analysis of the financial activities of the City for the year ended September 30, 2013. Readers are encouraged to consider the information presented here in conjunction with additional information that is furnished in the letter of transmittal, which can be found on pages iii to vi of this report. Financial Highlights • The assets and deferred outflows of resources of the City of Palm Beach Gardens exceeded its liabilities at the close of the most recent fiscal year by $110.3 million (net position). Of this amount, $29.0 million (unrestricted net position) may be used to meet the ongoing obligations to citizens and creditors. During the year ended September 30, 2013, the City's net position increased by approximately $4.8 million. • As of the close of the current fiscal year, the City's governmental funds reported combined ending fund balances of $43.5 million, an increase of approximately $6.3 million in comparison with the prior year. 62.3% of this total amount is available for spending at the government's discretion (unassigned fund balance). • At the end of the current fiscal year, unassigned fund balance of the general fund was $27.1 million, or 39.0% of total general fund expenditures for financial reporting purposes. This amount includes the $3.6 million budget stabilization fund. • The City's total governmental debt increased by $1.7 million (7.0%) during the current fiscal year due to bonds issued for improvements to the City's golf course and the construction of a fire station. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the City of Palm Beach Gardens' basic financial statements. The City's basic financial statements consist of three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the basic financial statements. In addition to these basic financial statements, this report contains other supplementary information. Government -wide Financial Statements. The government -wide financial statements are designed to provide readers with a broad overview of the City's finances, in a manner similar to a private -sector business. The statement of net position presents information on all of the City's assets, liabilities, and deferred inflows/outflows of resources, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The statement of activities presents information showing how the City's net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will result in cash flows in future fiscal periods (e.g., earned but unused vacation leave). Both the government -wide and fund financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business -type activities). The governmental activities of the City include public safety, physical environment, transportation, culture and recreation, and general government services. The City does not operate any business -type activities. The government -wide financial statements can be found on pages 23 — 25 of this report Fund Financial Statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. All of the funds of the City can be divided into three categories: governmental funds, proprietary funds and fiduciary funds. Governmental Funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating the City's near term financing requirements. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long-term impact of the City's near -term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City maintains several individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the General and Road Impact Fee funds, of which both are considered to be major funds. Data from the other governmental funds are combined into a single, aggregated presentation. Individual fund data for each of these non -major governmental funds is provided in the form of combining statements on pages 86 — 102 of this report. The City adopts an annual appropriated budget for its General Fund. A budgetary comparison schedule has been provided for the General Fund to demonstrate compliance with this budget (pages 72 — 75). The basic governmental fund financial statements can be found on pages 26 — 33 of this report. Proprietary Funds. The City maintains only one type of proprietary fund. Internal service funds are used to account for the City's fleet maintenance and self insurance provided to all departments on a cost reimbursement basis. The basic proprietary fund financial statements can be found on pages 34 — 37 of this report. Combining and individual fund statements for the internal service funds can be found on pages 103 — 106 of this report. Fiduciary Funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the City. Fiduciary funds are not reflected in the government -wide financial statements because the resources of those funds are not available to support the City's own programs. The accounting used for fiduciary funds is much like that used for proprietary funds. The basic fiduciary fund financial statements can be found on pages 38 — 39 of this report. Combining and individual fund statements for the fiduciary funds can be found on pages 107 — 108 of this report. Notes to the Basic Financial Statements. The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements. The notes to the basic financial statements can be found on pages 43 — 67 of this report. Other Information. In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information including the budgetary comparison schedule of the General Fund and information concerning the City's progress in funding its obligation to provide pension and other postemployment benefits to its employees. Required supplementary information can be found on pages 72 — 81 of this report. 10 Government -wide Financial Analysis As noted earlier, net position may serve over time as a useful indicator of the City's financial position. In the case of the City of Palm Beach Gardens, assets and deferred outflows of resources exceeded liabilities by $110.3 million at the close of the most recent fiscal year. By far the largest portion of the City's net position (63.4%) represents investment in capital assets (e.g., land, buildings and improvements, roadways, machinery and equipment), less any related outstanding debt used to acquire those assets. The City uses these capital assets to provide services to citizens; consequently, they are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources since the capital assets themselves cannot be used to liquidate these liabilities. $80 $60 $40 $20 (In millions) Net investment in Restricted Unrestricted capital assets As the chart shown above illustrates, an additional portion of the City's net position, $11.5 million (10.4%), represent resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net assets of $29.0 million (26.2%) may be used to meet the City's ongoing obligations to citizens and creditors. City of Palm Beach Gardens Net Position September 30, 2013 and 2012 The following table illustrates a summary of net position by Governmental activities: Current and other assets Capital assets, net Total assets Total deferred outflows of resources Long-term liabilities Other liabilities Total liabilities Net investment in capital assets Restricted Unrestricted Total net position Governmental Activities 2013 2012 $ 58,172,127 91,578,861 $ 49,772,592 91,828,868 $149,750,988 $141,601,460 1,490,413 1,725,352 $ 27,621,596 13, 301,152 $ 25,269,611 12, 536, 087 $ 40,922,748 $ 37,805,698 $ 70,034,049 11,487,326 28,797,278 $ 69,245,447 7,934,680 28,340,987 $110,318,653 $105,521,114 At the end of the current fiscal year, the City is able to report positive balances in net position for all governmental type activities. 11 There was an overall increase in the City's assets of $8.1 million or 5.8% during the current fiscal year. The increase is a result of increased revenues relating to the increase in City construction activity and the portion of bonds issued that has not been spent at fiscal year end. The City's liabilities increased by $3.1 million or 8.2% during the current fiscal year. The increase is caused by the issuance of debt to fund improvements to the City's golf course and for the construction of a new fire station. City of Palm Beach Gardens Changes in Net Position September 30, 2013 and 2012 Revenues: Program revenues: Charges for services Operating grants and contributions Capital grants and contributions General revenues: Taxes: Property taxes Local business tax Public service taxes Unrestricted intergovernmental: Sales tax and local option gas tax State shared revenue Local shared revenue Unrestricted investment earnings Gain/(loss) on disposal of capital assets Miscellaneous Total revenues Expenses: Governmental Activities 2013 2012 $ 21,101,176 $ 18,211,246 1,470,016 1,650,949 123,665 167,897 44,946,393 44,232,540 1,424,382 1,370,720 2,220,036 1,829,028 4,013,779 3,850,419 1,304,870 1,236,054 74,589 119,452 165,741 299,589 290,676 (7,165) 1,837,258 1,294,975 78,972,581 74,255,704 General government 14,577,754 Public safety 41,943,456 Culture/recreation 7,435,778 Physical environment 7,031,948 Transportation 2,214,405 Interest on long-term debt 935,201 Other debt service costs 36,500 Total expenses 74,175,042 Change in net position 4,797,539 Net position — beginning as previously stated 105,521,114 Prior year adjustment — implementation of GASB 65 - Net position — ending $110,318,653 13,772,084 43,586,151 7,470,717 6,876,606 1,927,567 945,926 91,923 74, 670, 974 (415,270) 106,089,588 (153,204 $ 105,521,114 12 Governmental Activities. As illustrated in the table on the previous page, net position of the City's governmental activities increased by approximately $4.8 million or 4.6% from $105.5 million in last fiscal year to $110.3 million in the current fiscal year. Key elements of this increase are: Charges for services increased by $2.9 million (15.9%), due to an increase in new construction activity resulting in an increase of approximately $1.1 million (49.6%) in building permit revenue and $1.8 million (240%) in impact fee collections. • Total revenues increased $4.7 million as a net result of the increase in charges for services listed above, the first full year of the increase in the public service tax rate from 1.5% to 3.5% resulting in a 21.4% ($391,000) increase and an increase in property taxes of $714,000 (1.6%) due to rising property values. Total expenses remained consistent with the prior year, decreasing slightly by less than 1 % (649,000). Public safety expenses decreased by $1.6 million due to the results of pension reform and other contractual changes that went into effect at the start of the fiscal year. The chart below depicts expenses and program revenues by function for all governmental activities. The graph illustrates the relatively minor amount of support for governmental operations that is derived from program revenues. $45 $40 $35 $30 $25 $20 $15 $10 $5 $0 City of Palm Beach Gardens Expenses & Program Revenues - Governmental Activities (in millions) Year Ended September 30, 2013 General Public Safety Government o Expenses Culture and Physical Recreation Environment Transportation Debt Service Costs Program Revenues 13 Charges for Se 26.7% Other 2.6% Unrestricted Investment Earnini 0.2% Local Shared Reve 0.1 % State Shared Revenu 1.7% Public Sei 2. Sales Tax Option Gas Tax 5.1 % City of Palm Beach Gardens Revenues by Source - Governmental Activities Year Ended September 30, 2013 Operating Grants & Canital Grants & Local Business Tax 1.8% Property Taxes 56.9% As illustrated in the chart above, property taxes comprise 56.9% of total governmental activity revenues. Financial Analysis of the City's Funds As noted earlier, the City of Palm Beach Gardens uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental Funds. The focus of the City's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unassigned fund balance may serve as a useful measure of the City's net resources available for spending at the end of the fiscal year. 14 $30 $25 $20 $15 $10 $5 City of Palm Beach Gardens Governmental Fund Balances (in millions) September 30, 2013 Nonspendable Restricted Committed Assigned Unassigned As of the end of the current fiscal year, the City's governmental funds reported combined ending fund balances of $43.5 million, an increase of $6.3 million in comparison with the prior year. Approximately 62.3% of this total amount ($27.1 million) represents unassigned fund balance, which includes the budget stabilization fund and amounts available for spending at the City's discretion. The remainder of fund balance was restricted, committed, assigned, or nonspendable for a variety of purposes, such as construction projects, economic development, and law enforcement. The General Fund is the chief operating fund of the City. General tax revenues and other receipts that are not allocated by law or contractual agreement to another fund are accounted for in this fund. General operating expenditures, fixed charges and capital improvement costs not paid through other funds are paid from this fund. At the end of the current fiscal year, unassigned fund balance of the General Fund was $27.1 million, nonspendable fund balance was approximately $78,000, restricted fund balance was approximately $3.5 million, committed fund balance was approximately $2.6 million, and assigned fund balance was $1.4 million for a total fund balance of $34.7 million. The amount of General Fund revenues by type, their percent of the total and the amount of change compared to last fiscal year are shown in the following schedule: Revenue Sources 2013 Amount Percent of Total 2012 Amount Percent of Total Increase (Decrease) From 2012 Percentage of Increase (Decrease) Taxes $ 48,590,811 70.0% $ 47,432,288 71.1 % $ 1,158,523 2.4 % Franchise fees 5,101,610 7.3% 5,327,897 7.9% (226,287) (4.2)% Licenses and permits 3,537,512 5.1% 2,414,586 3.6% 1,122,926 46.5 % Intergovernmental 6,488,781 9.5% 6,214,031 9.4% 274,750 4.4 % Charges for services 3,995,591 5.8% 3,910,601 5.9% 84,990 2.2 % Fines and forfeitures 297,308 0.4% 150,291 0.2% 147,017 97.8 % Investment income 155,479 0.2% 297,271 0.4% (141,792) (47.7)% Miscellaneous 1,184,987 1.7% 988,550 1.5% 196,437 19.9 % Total revenues $69,352,079 100.0% $66,735,515 100.0% $ 2,616,564 3.9 % As illustrated above, General Fund revenues increased by approximately $2.6 million, or 3.9%, in fiscal year 2013. Taxes increased by $1.2 million or 2.4% as a result of an increase in property values. Licenses and permits increased by $1.1 million or 46.5% due to an increase in building permits on new construction activity. 15 Investment Inr_nme 0.2% Fines & Forfeiture; 0.4% Licenses & Permits 5.1 % Charges Service 5.8% Intergovc 9.! City of Palm Beach Gardens General Fund Revenues Year Ended September 30, 2013 Miscellaneous 4 70L 7.3% Taxes 70.0% The graph above illustrates the percentage composition of General Fund revenues by type. As can be seen, Taxes comprise the majority of General Fund revenues, with the next largest sources of revenues being Intergovernmental revenues and Franchise Fees. Expenditures in the General Fund are shown in the following schedule: Percent Percent Increase Percentage 2013 of 2012 of (Decrease) of Increase Expenditures Amount Total Amount Total From 2012 (Decrease) General government $13,891,617 20.0% $13,101,603 19.3% $ 790,014 6.0 % Public safety 39,268,996 56.5% 41,127,279 61.0% (1,858,283) (4.5)% Culture and recreation 585,825 .8% 832,609 1.2% (246,784) (29.6)% Physical environment 6,496,310 9.4% 6,151,650 9.1 % 344,660 5.6 % Capital outlay 4,835,916 7.0% 1,615,525 2.4% 3,220,391 199.3 % Debt Service 4,373,414 6.3% 4,541,768 6.7% (15,150) (0.3)% Total expenditures $ 69,452,078 100.0% $ 67,370,434 100.0% $ 2,234,848 3.3 % In fiscal year 2013, total General Fund expenditures increased $2.2 million or 3.3% compared to the prior year. The net increase is due to an increase in capital outlay and partially offset by a decrease in public safety expenditures. The increase in capital outlay expenditures of $3.2 million related to new capital leases for a fire truck and two rescue units and capital improvements to the City's golf course. Public safety expenses decreased by $1.9 million due to the results of pension reform and other contractual changes that went into effect at the start of the fiscal year. 16 As illustrated in the graph below, Public Safety expenditures account for 56.5% of total General Fund expenditures. City of Palm Beach Gardens General Fund Expenditures Year Ended September 30, 2013 Debt Service 6.3% Capital 7.0 Physical Environment_ 9.4% Culture/ Recreation 0.8% General Government 20.0% Public Safety 56.5% Road Impact Fund. The City's Road Impact Fund is a capital project fund established to account for the receipt and disbursement of developer paid impact fees restricted for the purpose of providing increased traffic service levels. Road Impact Fund revenues consisted of approximately $627,000 from impact fees and $2,000 from investment income. Capital outlay expenditures of $338,000 were for a traffic signal installed within the City. At the end of the current fiscal year, fund balance was $1,514,818. General Fund Budgetary Highlights During the past year, the budget was amended three times. The Council authorized the budget amendments principally to: • Adjust the carryover of funds by the amounts restricted, committed, or assigned for purchase orders and projects from the previous fiscal year. • Adjust fund balance carryovers to actual amounts per the fiscal year 2012 audit. • Authorize the issuance of public improvement bonds for the purpose of golf course improvements and the construction of a new fire station. • Allocate a portion of fund balance to fund irrigation improvements at the golf course. Actual revenue exceeded final budgeted revenue by approximately $2.9 million mostly due to favorable variances in building permit activity of $1.3 million, EMS transport fees of $465,000, and ad valorem taxes of $315,000. Expenditures were $5.6 million less than the final budget. The variance is mostly attributed to unspent capital projects and purchase orders that will be included in the next fiscal year's budget amendment to carryover funds. Capital Assets and Debt Administration Capital Assets. The following table illustrates the City's capital assets for its governmental activities as of September 30, 2013, which amount to $91.6 million (net of accumulated depreciation). This investment in capital 17 assets includes land, buildings, roadways, drainage and structures, improvements other than buildings and machinery and equipment. The total decrease in the City's capital assets for the current fiscal year was less than 1 %. Land Construction in progress Buildings Roadways Drainage and structures Machinery and equipment Improvements other than buildings Total Governmental Activities 2013 2012 $14,852,345 $14,852,345 4,589,024 2,325,137 19,561,268 20,529,813 24,878,536 25,974,469 13,568,695 13,765,900 6,154,566 6,048,881 7,974,427 8,332,323 $91,578,861 $91,828,868 Major capital asset additions during the current fiscal year included the following: • Capital lease purchase of two fire rescue units and a fire truck totaling approximately $1.2 million. • Gardens Park improvements totaling approximately $700,000. Purchase of seventeen vehicles including ten police vehicles and a maintenance shop truck totaling approximately $404,000. Additional information on the City's capital assets can be found in Note 5 starting on page 52 of this report. Long-term Debt. The following table illustrates the City's governmental activity long-term debt. At the end of the current fiscal year, the City had total debt outstanding of $26.1 million. All of the City's outstanding debt is secured by specified revenue sources. Debt payable: General obligation Non ad valorem bonds payable Capital leases payable Total Governmental Activities 2013 2012 $ 6,365,138 $ 7,489,697 18,109,251 16,080,348 1,608,643 801,213 $ 26,083,032 $ 24,371,258 All of the City's general obligation debt is rated AA+ by Standard & Poor's and Fitch Ratings and AAA by Moody's. The City's non -ad valorem debt is rated AA by Standard & Poor's and Fitch and Aa1 by Moody's. The City's comprehensive plan provides that debt expenditures shall not exceed 20% of total annual revenues and total outstanding debt is limited to no more than 10% of the City's property tax base. Additional information on the City's long-term debt can be found in Note 6 starting on page 53 of this report. 18 Economic Factors and Next Year's Budgets and Rates The City's local economy is primarily based upon construction, retail and service activities. The unemployment rate for the City is currently 4.9%. The City's current economic condition continues to improve as new construction increased to $294 million (40%) in permit valuation issued during the fiscal year. These factors were considered in preparing the City of Palm Beach Gardens' budget for the year ended September 30, 2014. During the current fiscal year, unassigned fund balance in the General Fund was $27.1 million. It is approximately equal to four and a half months of the General Fund expenditures. The current year balance includes approximately $3.6 million as part of the budget stabilization fund. Over the last nine years, the City has been able to increase its unassigned fund balance not only in dollar value but as a percentage of expenditures as shown in the graph to the right. 6.20 6.00 5.80 5.60 5.40 5.20 5.00 4.80 Fiscal Years 2005 through 2013 (in millions) $30.0 $25.0 $20.0 $15.0 $10.0 $5.0 $0.0 2005 2006 2007 2008 2009 2010 2011 2012 2013 Fiscal Years 2005 through 2013 (in millions) 2005 2006 2007 2008 2009 2010 2011 2012 2013 o Unassigned Fund Balance $55.0 $50.0 $45.0 $40.0 $35.0 $30.0 $25.0 $20.0 o Operating & Debt Millage Rate Ad Valorem Revenue Requests for Information 45.00% 40.00% 35.00% 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% as a % of expenditures In 1995, the State of Florida limited increases in homesteaded property taxable values in any given year to 3% or cost of living, whichever is lower. The graph to the left indicates the property tax revenue collected and millage rate trends over the last nine years. The left axis refers to the millage rate and the right axis refers to the dollar value (millions) of revenue collected. The millage rate will fluctuate from year to year depending on the total taxable value of the City and the required amount of revenue needed to maintain current levels of service. Since 2007, as property values have fallen, the City, just like many cities across the country, has had to face the challenge of keeping taxes and service charges as low as possible while providing residents with the level of service they have come to expect. This financial report is designed to provide a general overview of the City of Palm Beach Gardens' finances for all those with an interest in the City's finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to Allan Owens, Finance Administrator, Finance Department, City of Palm Beach Gardens, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. 19 BASIC FINANCIAL STATEMENTS This page intentionally left blank. City of Palm Beach Gardens, Florida Statement of Net Position September 30, 2013 Governmental Activities Assets: Cash and cash equivalents $ 11,653,103 Investments 42,985,824 Receivables (net of allowance for doubtful accounts of $1,438,598) 1,552,212 Due from other governments 353,576 Inventories 102,867 Prepaid expenses 103,119 Net pension asset 187,686 Investment in joint venture 1,233,740 Capital assets not being depreciated 19,441,369 Capital assets being depreciated, net 72,137,492 Total assets $ 149,750,988 Deferred outflows of resources: Deferred amount on refunding $ 1,490,413 Total deferred outflows of resources $ 1,490,413 Liabilities: Accounts payable $ 2,675,400 Contracts and retainage payable 314,083 Accrued liabilities 1,640,955 Claims payable 840,401 Unearned revenue 3,333,394 Accrued interest payable 231,247 Net pension obligation 46,062 Noncurrent liabilities: Due within one year 4,219,610 Due in more than one year 27,621,596 Total liabilities $ 40,922,748 Net position: Net investment in capital assets Restricted for: Capital improvements Road improvements Other purposes Unrestricted Total net position See notes to basic financial statements. $ 70,034,049 6,354,378 3,499,587 1,633,361 28,797,278 $ 110,318,653 23 City of Palm Beach Gardens, Florida Statement of Activities Year Ended September 30, 2013 Program Revenues Charges Operating Capital Functions/Programs for Grants and Grants and Programs Activities Expenses Services Contributions Contributions Governmental activities: General government $ 14,577,754 $ 9,710,901 $ - $ - Public safety 41,943,456 4,883,193 1,387,775 123,665 Culture and recreation 7,435,778 5,879,675 - - Physical environment 7,031,948 - - - Transportation 2,214,405 627,407 82,241 - Interest on long-term debt 935,201 - - - Other debt service costs 36,500 - - - Total governmental activities $ 74,175,042 $ 21,101,176 $ 1,470,016 $ 123,665 General revenues: Taxes: Property taxes Local business tax Public service taxes Unrestricted intergovernmental: Sales tax and local option gas tax State shared revenue Local shared revenue Unrestricted investment earnings Gain on disposal of capital assets Miscellaneous Total general revenues Change in net position Net position, beginning (as previously stated) Prior year adjustment - implementation of GASB 65 Net position, ending See notes to basic financial statements. 24 Net (Expense) Revenue and Change in Net Position Governmental Activities $ (4,866,853) (35,548,823) (1,556,103) (7,031,948) (1,504,757) (935,201) (36,500) (51,480,185) 44,946,393 1,424,382 2,220,036 4,013,779 1,304,870 74,589 165,741 290,676 1,837,258 56,277,724 4,797,539 105,674,318 (153,204) $ 110,318,653 25 City of Palm Beach Gardens, Florida Balance Sheet Governmental Funds September 30, 2013 Assets: Cash and cash equivalents Investments Receivables: Accounts (net of allowance for doubtful accounts of $1,438,598) Franchise fees Utility taxes Interest Due from other governments Inventory Prepaid expenditures Total assets Liabilities and Fund Balances: Liabilities: Accounts payable Contracts and retainage payable Accrued liabilities Total liabilities Deferred inflows of resources: Unavailable revenues Fund Balances: Nonspendable: Prepaid expenditures Inventory Restricted for: Capital improvements Road improvements Law enforcement Art improvements Committed to: Economic development Assigned to: Capital improvement and replacement Special projects Other purposes Unassigned Total fund balances Total liabilities, deferred inflows of resources, and fund balances See notes to basic financial statements. Road Other General Impact Governmental Fund Fund Funds $ 1,756,470 $ 1,507,220 $ 4,263,890 36,261,824 1,651,000 3,901,400 245,088 - 25,310 1,032,945 - - 178, 884 - - 65,910 - - 295,977 - 57,599 - - 29,970 77,819 - 1,300 $ 39,914,917 $ 3,158,220 $ 8,279,469 $ 1,927,365 $ 18,450 $ 595,436 - - 314,083 1,640,955 - - 3,568,320 18,450 909,519 1,596,867 1,624,952 111,575 77,819 - 1,300 - - 29,970 2,961,716 - 3,392,662 - 1,514,818 1,984,769 556,537 - 255,502 - - 821,322 2,632,575 - - 694,063 - - 362,206 - - 355,090 - 772,850 27,109,724 - - 34,749,730 1,514,818 7,258,375 $ 39,914,917 $ 3,158,220 $ 8,279,469 26 Total Governmental Funds $ 7,527,580 41,814,224 270,398 1,032,945 178,884 65,910 353,576 29,970 79,119 $ 51,352,606 $ 2,541,251 314,083 1,640,955 4,496,289 3,333,394 79,119 29,970 6,354,378 3,499,587 812,039 821,322 2,632,575 694,063 362,206 1,127,940 27,109,724 43,522,923 $ 51,352,606 27 City of Palm Beach Gardens, Florida Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Position September 30, 2013 Total fund balances — governmental funds (page 27) Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the governmental funds. (Excludes internal service fund capital assets.) Long-term liabilities are not due and payable in the current period and therefore are not reported in the funds. (Excludes internal service fund liabilities.) Long-term liabilities at year-end consist of: Bonds payable Refunding loss on bonds payable Capital leases payable Net other postemployment benefit obligation Accrued interest payable Compensated absences The internal service funds are used by management to charge the cost of fleet maintenance activities and insurance to individual funds. The assets and liabilities of the internal service funds are included in governmental activities in the statement of net assets. Other long term assets and liabilities are not available to pay for current period expenditures, and therefore, are not recognized in the funds. Investment in joint venture Net pension asset Net pension obligation Total net position of governmental activities (page 23) See notes to basic financial statements. $ (24,553,154) 1,490,413 (1,608,643) (2,313,000) (231,247) (3,071,821) $ 43,522,923 90,354,130 (30,287,452) 5,353,688 1,233,740 187,686 (46,062) $110,318,653 28 This page intentionally left blank. City of Palm Beach Gardens, Florida Statement of Revenues, Expenditures and Changes in Fund Balances Governmental Funds Year Ended September 30, 2013 Road Other General Impact Governmental Fund Fund Funds Revenues: Taxes: Ad valorem taxes $ 44,946,393- Local business taxes 1,424,382 - - Utility taxes 2,220,036 - - Franchise fees 5,101,610 - - Licenses and permits 3,537,512 - - Intergovernmental 6,488,781 - 670,569 Impact fees - 627,407 1,936,338 Charges for services 3,995,591 - 4,360,596 Fines and forfeitures 297,308 - 10,787 Investment income 155,479 2,177 5,191 Miscellaneous 1,184,987 - 689,064 Total revenues 69,352,079 629,584 7,672,545 Expenditures: Current: General government 13,891,617 - - Public safety 39,268,996 - 421,038 Culture and recreation 585,825 - 4,875,692 Physical environment 6,496,310 - - Transportation - 39,335 843,522 Capital outlay 4,835,916 337,536 871,900 Debt service: Principal 3,623,063 - - Interest 713,851 - - Bond issuance costs 36,500 - - Total expenditures 69,452,078 376,871 7,012,152 Excess (deficiency) of revenues over (under) expenditures (99,999) 252,713 660,393 Other financing sources (uses): Transfers in 559,748 - 71,038 Transfers out (87,746) (559,748) - Capital lease financing 1,208,074 - - Issuance of debt 4,300,000 - - Sale of capital assets 30,000 - - Total other financing sources (uses) 6,010,076 (559,748) 71,038 Net change in fund balances 5,910,077 (307,035) 731,431 Fund balances, beginning 28,839,653 1,821,853 6,526,944 Fund balances, ending $ 34,749,730 $ 1,514,818 $ 7,258,375 See notes to basic financial statements. 30 Total Governmental Funds $ 44,946,393 1,424,382 2,220,036 5,101,610 3,537,512 7,159,350 2,563,745 8,356,187 308,095 162,847 1,874,051 77,654,208 13,891,617 39,690,034 5,461,517 6,496,310 882,857 6,045,352 3,623,063 713,851 36,500 76,841,101 813,107 630,786 (647,494) 1,208,074 4,300,000 30,000 5,521,366 6,334,473 37,188,450 $ 43,522,923 31 City of Palm Beach Gardens, Florida Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of the Governmental Funds to the Statement of Activities Year Ended September 30, 2013 Net change in fund balances— total governmental funds (page 31) $ 6,334,473 Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of capital assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which depreciation exceeded capital outlays in the current period. The amount is less than the total capital outlay since capital outlay includes amounts that are under the capitalization threshold, and therefore, were not capitalized. Expenditures for capital assets $ 5,575,529 Less current year depreciation (5,752,045) (176,516) In the statement of activities, the net effect of various miscellaneous transactions involving capital assets (disposals) is to increase net assets, whereas in the governmental funds these items have no effect on current financial resources: Gain on disposal of capital assets 168,997 168,997 Debt proceeds provide current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net position. Also, governmental funds report the payment of issuance costs, premiums, discounts and similar items when debt is first issued. Capital lease financing (1,208,074) Issuance of debt (4,300,000) Principal payments on debt 3,623,063 Amortization of deferred amount on refunding (234,939) Amortization of premium 11,954 (2,107,996) Some expenses reported in the statement of activities do not require the use of current financial resources and therefore are not reported as expenditures in governmental funds: Decrease in accrued interest payable 1,635 Increase in compensated absences (321,364) Increase in net other postemployment benefit obligation (407,000) Decrease in net pension benefit asset (4,330) Decrease in net pension benefit obligation 209 (730,850) 32 Continued on next page. City of Palm Beach Gardens, Florida Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of the Governmental Funds to the Statement of Activities (continued) Year Ended September 30, 2013 Governmental funds report the investment in joint venture as expenditures. However, the cost of the investment in joint venture is recorded as an asset in the statement of net position. $ 98,732 Internal service funds are used by management to charge the cost of fleet maintenance and self-insurance activities to individual funds. The net revenues of the internal service funds are reported with governmental activities. 1,210,699 Change in net position of governmental activities (page 25) See notes to basic financial statements. $ 4,797,539 33 City of Palm Beach Gardens, Florida Statement of Net Position Proprietary Funds September 30, 2013 Assets: Current assets: Cash and cash equivalents Investments Accounts receivable Inventory Prepaid expenses Total current assets Noncurrent assets: Capital assets being depreciated, net Total noncurrent assets Total assets Liabilities: Current liabilities: Accounts payable Claims payable Total current liabilities Noncurrent liabilities: Claims payable Compensated absences payable Total noncurrent liabilities Total liabilities Net Position: Net investment in capital assets Unrestricted Total net position See notes to basic financial statements. Governmental Activities Internal Service Funds $ 4,125,523 1,171,600 4,075 72,897 24,000 5,398,095 1,224,731 1,224,731 $ 6,622,826 $ 134,150 840,401 974,551 259,532 35,055 294,587 $ 1,269,138 $ 1,224,731 4,128,957 $ 5,353,688 Ell City of Palm Beach Gardens, Florida Statement of Revenues, Expenses and Changes in Net Position Proprietary Funds Year Ended September 30, 2013 Operating revenues: Charges for service Employer contributions Employee contributions Miscellaneous Total operating revenues Operating expenses: Personnel expenses Claims expense Insurance premiums Repair and maintenance Fuel and chemicals Operating supplies Other professional and contractual Other expenses Depreciation Total operating expenses Operating income Nonoperating revenues: Investment income Gain on disposal of capital assets Total nonoperating revenues Income before transfers Transfers in Change in net position Net position, beginning Net position, ending See notes to basic financial statements. Governmental Activities Internal Service Funds $ 2,238,013 6,629,598 779,700 245,103 9,892,414 840,042 5,077,268 432,718 348,910 687,478 178,516 735,168 19,176 473,720 8,792,996 1,099,418 2,894 91,679 94,573 1,193,991 16,708 1,210,699 4,142,989 $ 5,353,688 35 City of Palm Beach Gardens, Florida Statement of Cash Flows Proprietary Funds Year Ended September 30, 2013 Governmental Activities Internal Service Funds Cash flows from operating activities: Receipts for interfund services provided $ 9,643,236 Payments to suppliers for goods and services (2,439,735) Payments to employees for services (834,942) Payments for claims (5,061,269) Other operating revenues 245,103 Net cash provided by operating activities 1,552,393 Cash flows from noncapital financing activities: Transfers from other funds 16,708 Net cash provided by noncapital financing activities 16,708 Cash flows from capital and related financing activities: Purchases of capital assets (404,469) Proceeds from sale of capital assets 91,679 Net cash used in capital and related financing activities (312,790) Cash flows from investing activities: Purchases of investments 478,400 Interest earned 2,894 Net cash used in investing activities 481,294 Net increase in cash and cash equivalents 1,737,605 Cash and cash equivalents, beginning of year 2,387,918 Cash and cash equivalents, end of year $ 4,125,523 Continued on next page. City of Palm Beach Gardens, Florida Statement of Cash Flows (Continued) Proprietary Funds Year Ended September 30, 2013 Governmental Activities Internal Service Funds Reconciliation of operating income to net cash provided by operating activities: Operating income $ 1,099,418 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation 473,720 Changes in operating assets and liabilities: Accounts receivable (4,075) Inventory 9,400 Accounts payable (47,169) Claims payable 15,999 Compensated absences 5,100 Total adjustments 452,975 Net cash provided by operating activities $ 1,552,393 See notes to basic financial statements. 37 City of Palm Beach Gardens, Florida Statement of Net Position Fiduciary Funds September 30. 2013 Pension Trust Funds Assets: Cash and cash equivalents $ 4,950,571 Investments, at fair values: U.S. Government obligations 4,607,447 Mortgage backed securities 5,760,415 Fixed income funds 844,420 Collateralized mortgage obligations 363,569 Corporate obligations 16,662,423 Equity securities 26,660,439 Equity funds 42,881,575 Foreign bonds 33,921 International funds 11,974,648 International bond funds 4,405,862 Real estate funds 5,805,781 Total investments 120,000,500 Receivables: Interest and dividends 202,567 Pending trades 416,078 Employer 864,495 State of Florida 750,073 Employees 42,712 Accounts receivable - other 1,200 Total receivables 2,277,125 Prepaid expenses 140,939 Total assets $ 127,369,135 Liabilities: Accounts payable $ 110,006 Pending trades payable 474,492 Due to DROP Account 898,784 Total liabilities $ 1,483,282 Net position: Net position held in trust for pension benefits $ 125,885,853 See notes to basic financial statements. 'Cu., City of Palm Beach Gardens, Florida Statement of Changes Net Position Fiduciary Funds Year Ended September 30, 2013 Additions: Contributions: Employer Insurance premium taxes collected by the State of Florida on behalf of the City of Palm Beach Gardens Employee Total contributions Investment earnings: Net appreciation in fair value of investments Interest and dividends Other Total investment earnings Less investment expense Net investment earnings Total additions Deductions: Pension benefits DROP expenses Refund of participant contributions Administrative expenses Total deductions Change in net position Net position, beginning Net position, ending See notes to basic financial statements. Pension Trust Funds $ 6,168,979 1,225,288 940,760 8,335,027 12,724,982 2,295,919 4,636 15,025,537 (471,069) 14,554,468 22,889,495 3,121,477 768,091 32,872 224,930 4,147, 370 18,742,125 107,143,728 $ 125,885,853 39 NOTES TO BASIC FINANCIAL STATEMENTS This page intentionally left blank. Citynbf[1Palm[BeachMardens,[1FloridaM Notes3o[1Basic[1Financia13tatements0 SeptemberB0,20130 III 0 Note 1. Summary of Significant Accounting Policies The City of Palm Beach Gardens, Florida (the "City") was incorporated in 1959, pursuant to House Bill No. 2186, and is located in Northern Palm Beach County, Florida. The City is governed by an elected City Council (the "Council"), which appoints a City Manager. The City provides the following services to its residents: public safety, growth management, sanitation, streets and roads, parks, recreation and a golf course. The Council is responsible for legislative and fiscal control of the City. The City operates under a Council -Manager form of government. Significant accounting and reporting policies and practices used by the City are described below: A. Financial Reporting Entity The financial statements of the City have been prepared in conformity with accounting principles generally accepted in the United States ("GAAP") as applied to governmental units. The Governmental Accounting Standards Board ("GASB") is the accepted standard setting body for establishing governmental accounting and financial reporting principles. The financial statements were prepared in accordance with GASB Codification Section 2100, which establishes standards for defining and reporting on the financial reporting entity. The definition of the financial reporting entity is based upon the concept that elected officials are accountable to their constituents for their actions. One of the objectives of financial reporting is to provide users of financial statements with a basis for assessing the accountability of elected officials. The financial reporting entity consists of the City, organizations for which the City is financially accountable and other organizations for which the nature and significance of their relationship with the City are such that exclusion would cause the City's financial statements to be misleading or incomplete. The City is financially accountable for a component unit if it appoints a voting majority of the organization's governing board and it is able to impose its will on that organization or there is a potential for the organization to provide specific financial benefits to, or impose specific financial burdens on the City. Based upon the application of these criteria, there were no organizations that met the criteria for component units described above. B. Government -Wide and Fund Financial Statements The government -wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the non -fiduciary activities of the City. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges for services. The City reported no business -type activities during the current fiscal year. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those expenses that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use or directly benefit from goods, services or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operation or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds, proprietary funds and fiduciary funds, even though the latter are excluded from the government -wide financial statements. Major individual governmental funds are reported as separate columns in the fund financial statements. All remaining nonmajor governmental funds are aggregated and reported as other governmental funds. C. Measurement Focus, Basis of Accounting and Basis of Presentation The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial 43 P1 Note 1. Summary of Significant Accounting Polices (continu statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenues as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and other postemployment benefits are recorded only when payment is due. Property taxes when levied for, franchise taxes, licenses, charges for services, intergovernmental if eligibility requirements are met, and interest associated with the current fiscal period are all considered to be measurable and so have been recognized as revenues of the current fiscal period if available. All other revenue items are considered to be measurable only when cash is received by the City. The City reports the following major governmental funds: The General Fund — The general fund is the primary operating fund and is used to account for all financial resources applicable to the general operations of the City except those required to be accounted for in another fund. The Road Impact Fund — This capital projects fund accounts for the cost of acquiring, constructing and placing into service improvements using impact fees collected for the purpose of improving roads within the City. Additionally, the City reports the following fund types: The Internal Service Funds — The City operates two internal service funds to account for fleet management services provided to other departments on a cost reimbursement basis and to account for self-insurance health benefits. The Pension Trust Funds — The City's three defined benefit pension plans are accounted for in individual pension trust funds. The pension trust funds are the General Employees' Pension, the Police Pension and the Fire Pension. Private -sector standards of accounting and financial reporting issued prior to December 1, 1989, are generally followed in both the government -wide and proprietary fund type financial statements to the extent that those standards do not conflict with or contradict guidance of the Governmental Accounting Standards Board. The City elected to follow all pre -November 30, 1989 FASB pronouncements, which are now codified in GASB Statement No. 62. As a general rule, the effect of interfund activity has been eliminated from the government -wide financial statements. Interfund services provided and used are not eliminated in the process of consolidation. Amounts reported as program revenues include: 1) charges to customers or applicants for goods, services or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of an internal service 44 P1 Note 1. Summary of Significant Accounting Polices (continued) fund are charges to other funds for usage. Operating expenses for an internal service fund include the cost of sales and services, administrative expenses and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, and then unrestricted resources as they are needed. Cash and cash equivalents: Cash and cash equivalents are defined as deposits with financial institutions, money market accounts and mutual funds, and highly liquid investments which are readily convertible to known amounts of cash and have a maturity when purchased of three months or less. For purposes of the statement of cash flows, cash and cash equivalents also include each respective fund's equity in pooled cash and investments. Each fund is able to withdraw cash at any time without prior notice or penalty and there is sufficient liquidity to meet the daily cash needs of each fund. Investments: Investments are reported at fair value. Money market mutual funds are reported at cost which approximates fair value. Securities traded on national or international exchanges are valued at the last reported sales price or exchange rate. Quoted market prices are used to value investments. Net appreciation (depreciation) in fair value of investments includes the difference between cost and fair value of investments held as well as the net realized gains and losses for securities which are sold. Interest and dividend income are recognized on the accrual basis when earned. Purchases and sales of investments are recorded on a trade basis. Interfund receivables and payables: Activity between funds that is representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as "due to/from other funds." Receivables: Receivables include amounts due for franchise taxes, utility taxes, extra police services and emergency medical services. The City does not require collateral for accounts receivable. Receivables for emergency medical service billings are reported net of an allowance for doubtful accounts, which is determined based on the age of the individual receivable. Generally, the allowance includes accounts over 60 days past due. Accounts receivable are written off on an individual basis in the year the City deems them to be uncollectible. Inventory: Inventory is valued at the lower of cost or market using the first -in, first -out basis and accounted for using the consumption method whereby inventories are charged against operations in the period when used. Inventory in the special revenue recreation and golf funds consists of merchandise held for resale. Inventory in the internal service fund consists of vehicle engine parts and fuel held for consumption. The non -spendable portion of fund balance for inventory in governmental fund types equals the physical inventory to indicate that a portion of fund balance is not available for appropriation. Prepaid expenditures: Prepaid expenditures consist of certain costs which have been paid prior to the end of the fiscal year, but represent items which are applicable to future accounting periods. Reported amounts in governmental funds are equally offset by a non -spendable category of fund balance to indicate that these amounts are not available for appropriation. Capital assets: Capital assets, which include property, plant, equipment and infrastructure (e.g., streets, sidewalks, drainage or similar items) are reported in governmental activities in the government -wide financial statements and proprietary fund financial statements. Capital assets are defined by the City as assets with an initial individual cost of $5,000 or more and an estimated life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value on the date of donation. Lease agreements that qualify as capital leases are recorded at the present value of their future minimum lease payments as of the inception date. 45 P1 Note 1. Summary of Significant Accounting Policies (continu Property, plant, equipment and infrastructure of the City are depreciated using the straight-line method over the following estimated useful lives: Years Buildings 15 — 25 Roadways 3 — 40 Drainage and structures 35 — 75 Machinery and equipment 3-7 Improvements other than buildings 15 Land improvements 25 In the governmental fund financial statements, capital assets are reported as expenditures and no depreciation expense is reported. Deferred outflows and inflows of resources: In addition to assets and liabilities, the government -wide Statement of Net Position and the governmental funds Balance Sheet will sometimes report a separate section for deferred outflows or deferred inflows of resources. The separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenues) until that time. The City has one item, unavailable revenues, which arises only under the modified accrual basis of accounting and is reported as a deferred inflow of resources on the governmental funds Balance Sheet. The unavailable revenue consists mainly of business taxes and impact fees received in advance of the year for which they are levied. These amounts are deferred and recognized as an inflow of resources in the year that the amounts become available. The separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expenditure) until that time. The City has one item, a refunding loss on bonds payable, which qualifies for reporting as a deferred outflow of resources on the government -wide Statement of Net Position. The refunding loss on bonds payable resulted from the difference in the carrying value of refunded debt and its reacquisition price. This amount is deferred and amortized over the shorter of the life of the refunded or refunding debt. Unearned revenue: Unearned revenue in the Governmental Activities and unavailable revenue in the Governmental Funds includes amounts received in advance by the City for licenses and permits, impact fees and charges for services that are applicable to the following fiscal year. Compensated absences: It is the City's policy to permit employees to accumulate a limited amount of earned but unused personal leave, which will be paid upon separation of service. Compensated absences are accrued when incurred in the government -wide and proprietary fund financial statements. A liability for these amounts is reported in the governmental funds only if it has matured, for example, as a result of employee resignation or retirements. Compensated absences for governmental activities typically have been liquidated in the general fund. On -behalf payments: The City receives on -behalf payments from the State of Florida to be used for Police and Fire -Rescue pension benefits. Such payments are recorded as intergovernmental revenue and public safety expenditures in the GAAP basis government -wide and general fund financial statements, but are not budgeted and therefore are not included in the general fund budgetary comparison schedule. On -behalf payments paid to the City by the State totaled $1,225,288 for the year ended September 30, 2013. Pursuant to City Ordinance, the Fire Pension deducts 2% of the total compensation for participants from the Chapter 175 taxes received during the fiscal year and allocates this amount as Employee Contributions in lieu of increasing the members' contribution rate. 46 P1 Note 1. Summary of Significant Accounting Policies (continued) Long-term obligations: In the government -wide financial statements, and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources, while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received and principal payments on debt are reported as debt service expenditures. Net other postemployment benefit obligations: The City is required to calculate and recognize a net other postemployment benefit obligation at September 30, 2013. The net other postemployment benefit obligation is, in general, the cumulative difference between the actuarial required contribution and the actual contributions since October 1, 2012. Net other postemployment benefit obligations have typically been liquidated in the general fund. Net position: Equity in the government -wide statement of net position is displayed in three categories: 1) net investment in capital assets, 2) restricted, and 3) unrestricted. Net investment in capital assets consist of capital assets reduced by accumulated depreciation and by any outstanding debt incurred to acquire, construct or improve those assets, excluding unexpended proceeds. Net position is reported as restricted when there are legal limitations imposed on their use by City legislation or external restrictions by other governments, creditors or grantors. Unrestricted net position consists of all remaining net position that do not meet the definition of either of the other two components. Fund equity: In the fund financial statements, fund balance is a measurement of available financial resources and is the difference between total assets and total liabilities in each fund. Governmental accounting principles distinguish fund balance classification based on the relative strength of the constraints that control the purposes for which specified amounts can be spent. Beginning with the most restrictive constraints, the City's fund balance amounts will be reported in the following categories: Nonspendable — Represents amounts that are not in a spendable form, or are legally or contractually required to be maintained intact. Restricted — Represents amounts that can be spent only for the specific purposes stipulated by external parties either constitutionally or through enabling legislation. Committed — Represents amounts that can be used only for the specific purposes determined by a formal action of the City Council. The City Council is the highest level of decision -making authority for the City. Commitments may be established, modified, or rescinded only through ordinances approved by the City Council. Assigned — Represents amounts intended to be used by the City for specific purposes. Intent can be expressed by the City Council or by a designee to whom the governing body delegates the authority. Under the City's adopted policy through resolution, only the City Council or City Manager may assign amounts for specific purposes. In governmental funds other than the General Fund, assigned fund balance represents the amount that is not restricted or committed. This indicates that resources in other governmental funds are, at a minimum, intended to be used for the purpose of that fund. Unassigned — Includes all amounts not contained in other classifications and is the residual classification of the General Fund only. Unassigned amounts are the portion of Fund Balance which is not obligated or specifically designated and is available for any purpose. 47 Note 1. Summary of Significant Accounting Policies (continue The goal of the City's fund balance policy is to achieve and maintain an Unassigned Fund Balance in the General Fund at fiscal year-end of not less than 17% of expenditures, which represents approximately two (2) months' operating expenditures. If the Unassigned Fund Balance at fiscal year-end falls below the goal, the City shall develop a restoration plan to achieve and maintain the minimum fund balance. At the end of the fiscal year, the City's unassigned fund balance equaled 39.0% of expenditures. When multiple categories of fund balance are available for expenditure, the City will start with the most restricted category and spend those funds first before moving down to the next category with available funds. New Accounting Pronouncements: The City implemented the following GASB Statements during the fiscal year ended September 30, 2013: GASB Statement No. 62, Codification of Accounting and Financial Reporting Guidance Contained in Pre - November 30, 1989 FASB and AICPA Pronouncements. This Statement codifies all sources of GAAP for state and local governments so that the authoritative accounting and financial reporting literature will be together in a single source, with that guidance modified as necessary to appropriately recognize the governmental environment and the needs of governmental financial statement users. The City elected to include all pre -November 30 1989 FASB pronouncements, which are now codified in GASB Statement No. 62. GASB Statement No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources and Net Position. This provides financial reporting guidance for deferred outflows and inflows of resources, and identifies net position as the residual of all other elements presented in a statement of financial position. This Statement re -defines certain assets and liabilities as deferred outflows/inflows of resources and requires the financial statement line items "Investment in capital assets, net of related debt" and "Net Assets" to be re -titled as "Net investment in capital assets" and "Net Position" respectively. GASB Statement No. 65, Items Previously Reported as Assets and Liabilities. This statement provides additional guidance for the accounting and financial reporting for deferred outflows/inflows of resources and certain items that were previously reported as assets, as set forth in GASB Statement No. 63. This Statement specifically addresses the calculation of a deferred outflow or inflow related to the refunding of debt and requires that debt issuance costs be expensed in the period the debt was issued. This Statement also requires that revenues received prior to the period to which they relate, are to be classified as unavailable revenues (a deferred inflow of resources). Use of estimates: The preparation of the financial statements in conformity with accounting principles generally accepted in the United States requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and the disclosure of contingent assets and liabilities at the date of the financial statements. Estimates also affect the reported amounts of revenues and expenditures/expenses during the reporting period. Actual results could differ from estimates. Note 2. Cash and Cash Equivalents and Investments Cash and Cash Equivalents: Cash and cash equivalents at September 30, 2013, excluding amounts held by Fiduciary Funds, include petty cash of $2,955 and deposits with financial institutions with a carrying value of $11,521,237 and a bank balance of $12,255,509. Money market mutual funds have a carrying value of $128,910. Cash and short term investments of the Fiduciary Funds at September 30, 2013, consist of money market mutual funds and cash and cash equivalents with a carrying value of $4,950,571. All deposits with financial institutions were entirely covered by a combination of federal depository insurance and a collateral pool pledged to the State Treasurer of Florida by financial institutions which comply with the requirements of Florida Statutes and have been designated as a qualified public depository by the State Treasurer. Qualified public depositories are required to pledge collateral to the State Treasurer with a fair value equal to a percentage of the average daily balance of all government deposits in excess of any federal deposit insurance. In the event of a default by a qualified public depository, all claims for government deposits would be 48M P1 Note 2. Cash and Cash Equivalents and Investments (continued satisfied by the State Treasurer from the proceeds of federal deposit insurance, pledged collateral of the public depository in default and, if necessary, a pro rata assessment to the other qualified public depositories in the collateral pool. Accordingly, all deposits with financial institutions are considered fully insured. The money market mutual fund deposits are uninsured and uncollateralized. Investments: Florida Statutes and the City's investment policy authorize the City to invest in obligations and agencies of the U.S. Government; fully collateralized interest bearing time deposits or savings accounts with banks or savings and loan associations; the State Board of Administration Florida Prime Fund; short term corporate obligations; investments in any open-end or closed -end management type investment company or investment trust registered under the Investment Company Act of 1940, provided the portfolio of such investment company is limited to Government Obligations and to repurchase agreements fully collateralized by such Government Obligations; and repurchase agreements collateralized by Government Obligations, Government National Mortgage Association, Fannie Mae or Florida Home Loan Mortgage Corporation. The City's Pension Boards have full power and authority to invest and reinvest subject to the general terms, conditions, limitations and restrictions imposed by Part VII, Chapter 112, Florida Statutes, on the investments of public employee retirement systems. The carrying value (fair value) of investments at September 30, 2013, was as follows: Primary Fiduciary Government Funds U.S. Government obligations $ 12,106,526 $ 4,607,447 Mortgage backed securities 12,140,946 5,760,415 Commercial paper 18,738,352 - Fixed income funds - 844,420 Collateralized mortgage obligations - 363,569 Corporate obligations - 16,662,423 Equity securities - 26,660,439 Equity funds - 42,881,575 Foreign bonds 33,921 International funds - 11,974,648 International bond funds - 4,405,862 Real estate funds - 5,805,781 Total Investments $ 42,985,824 $120,000,500 The value, liquidity, and related income of certain securities with contractual cash flows, such as asset backed securities collateralized by mortgage obligations, commercial mortgage backed securities, and mutual funds investing in these securities or entities, are particularly sensitive to changes in economic conditions, including real estate value, delinquencies or defaults, or both, and may be adversely affected by shifts in the market's perception of the issuers and changes in interest rates. Due to the various risks associated with certain investments, it is at least reasonably possible that changes in the values of investments will occur in the near term and that such changes could materially affect the amounts reported in the accompanying financial statements. Interest Rate Risk: Interest rate risk is the risk that changes in interest rates will adversely affect the fair value of an investment. Interest rate risk disclosures are required for debt investment pools —such as bond mutual funds and external bond investment pools —that do not meet the requirements to be reported as a 2a7-like pool. Generally, the longer the maturity of an investment the greater the sensitivity of its fair value to changes in market interest rates. Cash equivalents have a weighted average maturity of ninety days or less, resulting in minimal interest rate risk. As a means of limiting its exposure to fair value losses arising from rising interest rates, the City's investment policy states that securities included within the short term fund will have maturities of less than one year. Investments included in the core fund will have a maximum maturity of five (5) years. Although the Fiduciary Funds' investment policies do not provide limitations as to maturities, the Funds minimize the risk of fair value losses in fixed income portfolios due to rising interest rates by structuring the investment portfolio so that 49 P1 Note 2. Cash and Cash Equivalents and Investments (continued securities mature to meet ongoing cash requirements, thereby avoiding the need to sell securities on the open market prior to maturity; and by investing operating funds primarily in shorter -term securities or by cash flow projections. The table below summarizes the scheduled maturities of fixed income investments at September 30, 2013: Investment Maturities Less Than One to Six to More Than Investment Types Fair Value One Year Five Years Ten Years Ten Years Primary Government U.S. Government obligations Mortgage backed securities Commercial paper Total Primary Government Fiduciary Funds U.S. Government obligations Mortgage backed securities Collateralized mortgage obligations Fixed income funds Corporate obligations Foreign bonds Total Fiduciary Funds $12,106,526 $ - $12,106,526 $ - $ - 12,140,946 - 12,140,946 - - 18,738,352 18,738,352 - - - $42,985,824 $ 18,738,352 $24,247,472 $ - $ - $ 4,607,447 $ 30,096 $ 2,992,285 $ 1,469,613 $ 115,453 5,760,415 - 78,942 2,076,617 3,604,856 363,569 60,514 32,791 - 270,264 844,420 - 844,420 - - 16,662,423 497,841 6,617,933 8,604,966 941,683 33,921 - 33,921 - - $28,272,195 $ 588,451 $10,600,292 $12,151,196 $ 4,932,256 Credit Risk: Credit risk is the risk that an issuer will not fulfill its obligations. The City's investment policy minimizes credit risk by limiting investments to the safest types of securities and diversifying the investment portfolio. The Police Pension Plan's investment policy limits corporate obligations to only those holding a rating of one of the three highest classifications by an NRSRO. The Fire Pension Plan's policy limits investments to securities with a rating of investment grade or a higher classification by an NRSRO. The General Employee Pension Plan's investment policy does not limit corporate obligations to those with one of the three highest classifications by an NRSRO. The NRSRO ratings for the City's investments at September 30, 2013, are summarized below. Investment Type NRSRO Rating Fair Value Fixed income funds AA/V4 $ 844,420 U.S. Gov't bonds & notes AA+ 12,106,526 U.S. Gov't obligations AA+ 15,008,941 U.S. Gov't obligations Aaa 1,739,452 Commerical paper A-1+...A-1 18,738,352 Mortgage/Asset backed securities AA+ 1,348,340 Mortgage backed securities Aaa 4,412,075 Collateralized mortgage obligations Aaa ... Aa2 363,569 Corporate obligations AAA... BBB+ 10,867,750 Corporate bonds Aaa ... Ba1 5,504,777 Municipal obligations AAA ... AA- 289,896 Equity securities Unrated 27,964,067 Pooled equity trust funds Unrated 30,668,482 Equity mutual funds Unrated 10,909,465 International equity securities Unrated 1,045,616 117 P1 Note 2. Cash and Cash Equivalents and Investments (continued Investment Type NRSRO Rating Fair Value International bonds, notes and debentures Ball 33,921 Int'I equity mutual funds Unrated 7,974,212 Int'I fixed income mutual funds Unrated 2,903,577 Int'I equity common trust funds Unrated 2,954,820 Int'I bond mutual funds Unrated 1,502,285 Comingled real estate funds Unrated 5,805,781 Custodial Credit Risk: Custodial credit risk is the risk that, in the event of the failure of the counterparty, the City will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. The investment policy of the City minimizes this risk by prohibiting the purchase of securities subject to custodial credit risk. The City and its pension plans require that all securities be held by a third party custodian in the name of the City. Securities transactions between a broker -dealer and the custodian involving the purchase or sale of securities must be made on a "delivery vs. payment" basis to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. Concentration of Credit Risk: Concentration of credit risk is defined as the risk of loss attributed to the magnitude of an investment in a single issuer. The City's investment policy limits the concentration of credit risk by setting limits on the maximum amount of securities held by type and by single issuer. The City's Police Pension Plan's investment policy limits investments in the stock of any one issuing company to 5% of the Plans' assets and to 5% of the outstanding capital stock of any issuing company. The City's Fire Pension Plan's investment policy limits investments in the stock of any one issuing company to 3% of the Fund's assets, and to 3% of the outstanding capital stock of any issuing company. Investments issued or explicitly guaranteed by the U.S. government and investments in mutual funds, external investment pools and other pooled investments are excluded from this requirement. Foreign Currency Risk: Foreign currency risk is the risk that changes in exchange rates will adversely affect the fair value of an investment. There was no direct exposure to foreign currency risk in the City's investments at September 30, 2013. Note 3. Accounts Receivable Accounts receivable and the related allowance for doubtful accounts at September 30, 2013, are summarized as follows: Gross Allowance Net Accounts For Doubtful Accounts Receivable Accounts Receivable Governmental Activities Due from EMS $ 1,666,470 $ (1,438,597) $ 227,873 Franchise fees 1,032,945 - 1,032,945 Utility taxes 178,884 - 178,884 Interest 65,910 - 65,910 Extra police services 25,310 - 25,310 Other miscellaneous services 21,290 - 21,290 Total governmental activities $ 2,990,809 $ (1,438,597) $ 1,552,212 Note 4. Property Taxes Under Florida law, the assessment of all properties and the collection of all county, municipal and school board property taxes are consolidated in the offices of the County Property Appraiser and County Tax Collector, respectively. All property is reassessed according to its fair market value on January 1 of each year and each 51 P1 Note 4. Property Taxes (conti assessment roll is submitted to the State Department of Revenue for review to determine if the assessment roll meets all of the appropriate requirements of State law. State statutes permit municipalities to levy property taxes at a rate of up to 10 mills. The tax levy of the City is established by the Council prior to October 1st of each year during the budget process. The Palm Beach County Property Appraiser incorporates the City's millage into the total tax levy, which includes the County, County School Board, and special district tax requirements. The millage rate assessed by the City for the year ended September 30, 2013, was 5.9194 ($5.9194 for each $1,000 of assessed valuation). Taxes may be paid less a 4% discount in November, or at declining discounts each month through the month of February. All unpaid taxes become delinquent on April 1st following the year in which they are assessed. Delinquent taxes on real property bear interest at 18% per year. On or prior to June 1st following the tax year, certificates are offered for sale for all delinquent taxes on real property. After sale, tax certificates bear interest at 18% per year or at any lower rate bid by the buyer. Application for a tax deed on any unredeemed tax certificates may be made by the certificate holder after a period of two years. Unsold certificates are held by the County. Delinquent taxes on personal property bear interest at 18% per year until the tax is satisfied either by seizure and sale of the property or by the five-year statute of limitations. At September 30, 2013, unpaid delinquent taxes are not material and have not been recorded by the City. Note 5. Capital Assets Capital assets activity for the year ended September 30, 2013, was as follows: Balance October 1, 2012 Additions/ Transfers Retirements/ Transfers Balance September 30, 2013 Governmental activities: Capital assets not being depreciated: Land $ 14,852,345 $ - $ - $ 14,852,345 Construction in progress 2,325,137 3,832,132 (1,568,245) 4,589,024 Total capital assets not being depreciated 17,177,482 3,832,132 (1,568,245) 19,441,369 Capital assets being depreciated: Buildings $ 35,623,527 $ 401,000 $ - $ 36,024,527 Roadways 65,632,413 141,736 - 65,774,149 Drainage and structures 17,760,417 - - 17,760,417 Machinery and equipment 25,467,593 2,550,864 (1,788,680) 26,229,777 Improvements other than buildings 16,844,256 622,511 (4,000) 17,462,767 Total capital assets being depreciated 161,328,206 3,716,111 (1,792,680) 163,251,637 Less accumulated depreciation: Buildings (15,093,714) (1,369,545) - (16,463,259) Roadways (39,657,944) (1,237,669) - (40,895,613) Drainage and structures (3,994,517) (197,205) - (4,191,722) Machinery and equipment (19,418,712) (2,443,295) 1,786,796 (20,075,211) Improvements other than buildings (8,511,933) (978,051) 1,644 (9,488,340) Total accumulated depreciation (86,676,820) (6,225,765) 1,788,440 (91,114,145) Total capital assets being depreciated, net 74,651,386 (2,509,654) (4,240) 72,137,492 Governmental activities capital assets, net $ 91,828,868 $ 1,322,478 $ (1,572,485) $ 91,578,861 52 I] Note 5. Capital Assets (continued) Depreciation expense was charged to functions as follows: Governmental activities: General government $ 596,488 Public safety 1,966,886 Culture and recreation 1,933,367 Physical environment 443,807 Transportation 1,285,217 Total depreciation expense — governmental activities $ 6,225,765 Note 6. Lona-Term Debt Changes in Long -Term Liabilities Long-term liability activity for the year ended September 30, 2013, was as follows: Governmental activities: Capital leases payable Compensated absences General obligation bonds payable Public improvement and refunding bonds payable Add premium on revenue bonds Public improvement bonds payable Claims payable Net OPEB obligation Total governmental activities Capital Leases Payable Balance Balance Due October1, September 30, Within 2012 Additions Reductions 2013 One Year $ 801,213 $ 1,208,074 $ (400,644) $ 1,608,643 $ 194,838 2,780,413 2,947,810 (2,621,347) 3,106,876 233,944 7,489,697 - (1,124,559) 6,365,138 1,161,067 14,425,000 - (1,880,000) 12,545,000 1,545,000 90,719 - (11,954) 78,765 - 1,655,348 4,300,000 (391,097) 5,564,251 825,229 284,984 4,701,443 (4,726,895) 259,532 259,532 1,906,000 565,000 (158,000) 2,313,000 - $ 29,433,374 $ 13,722,327 $(11,314,496) $ 31,841,205 $ 4,219,610 The City has entered into various lease agreements as lessee for financing the acquisition of fire rescue vehicles. These lease agreements qualify as capital leases for accounting purposes and, therefore, have been recorded at the present value of their future minimum lease payments as of the inception date. Assets acquired through capital leases are as follows: Governmental Activities Assets: Machinery and equipment $ 2,292,943 Less accumulated depreciation (979,327) Total $ 1,313,616 PI The future minimum lease obligations and the net present value of these minimum lease payments as of September 30, 2013 were as follows: PI 53 P1 Note 6. Long -Term Debt (continued) Year Ending Governmental September 30, Activities 2014 2015 2016 2017 2018 2019-2023 Total minimum lease payments Less amount representing interest Present value of minimum lease payments $ 261,539 261,539 249,003 223,932 334,584 577,063 1,907,660 (299,017) $ 1,608,643 Outstanding Bonds Payable Balance General Obligation Bonds The City's voters authorized by special referendum on September 3, 1996, the issuance of bonds, not to exceed $19.1 million, for payment of the cost of demolition of the old City Hall and Police Station; acquisition, construction and furnishing of the new City Hall, new Police Station, an addition to the central Fire Station; and improvements to certain recreational facilities. The bonds are general obligations of the City, payable from ad valorem taxes to be levied upon all taxable property in the City, in addition to all other taxes, without limitation as to rate or amount. The bonds were issued in series. Series 2000 The City issued $1,200,000 General Obligation Bonds, Series 2000 on July 28, 2000. Interest on the bonds is 5.23% and is payable semi-annually on January 1 and July 1 commencing on January 2, 2001. Principal payments will be due July 1 each year beginning July 1, 2001 through July 1, 2015. Debt service payments will be made from the general fund. $ 218,071 Series 2005 The City issued $6,901,176 General Obligation Refunding Bonds, Series 2005 on May 20, 2005, to retire the General Obligation Bonds that were issued in 1996 and 1997. Interest on the bonds is 3.32% and is payable semi-annually on June 1 and December 1. Principal is payable in annual installments of $218,298 to $334,319, with the final payment due December 1, 2017. Debt service payments will be made from the general fund. 3,107,930 Series 2010 The City issued $4,440,997 General Obligation Refunding Bonds, Series 2010 on December 17, 2010, for the purpose of refunding all of the City's General Obligation Bonds that were issued in 1998 and 1999. Interest on the bonds is 2.67% and is payable semi-annually on January 1 and July 1, commencing on July 1, 2011. Principal payments will be due July 1 each year beginning July 1, 2011 through July 1, 2019. Debt service payments will be made from the general fund. 3,039,137 Total general obligation bonds $ 6,365,138 M Public Improvement Bonds Series 2005 On December 15, 2005, the City approved, through adoption of Resolution 170, 2005, the issuance of Public Improvement Bond, Series 2005, in the amount of $1,155,200 for the purpose of financing the cost of improvements to the City's Golf Course. Interest at the rate of 3.78% is payable semi-annually on June 1 and December 1. Principal is payable in annual installments of $98,809 to $135,533, with the final payment due December 1, 2015. Debt service payments will be made from the general fund. $ 391,970 54 I] Note 6. Long -Term Debt (continued) Outstanding Bonds Pavable Balance Public Improvement Bonds Series 2006 On April 6, 2006, the City approved, through adoption of Resolution 37, 2006, the issuance of Public Improvement Bond, Series 2006, in the amount of $2,600,000 for the purpose of financing the cost of improvements to the City's Parks and Public Safety Facilities. Interest at the rate of 3.78% is payable semi-annually on June 1 and December 1. Principal is payable in annual installments of $224,151 to $301,613, with the final payment due December 1, 2015. Debt service payments will be made from the general fund. $ 872,281 Series 2011 The City issued $16,190,000 Public Improvement Refunding Bonds, Series 2011 on November 8, 2011, to advance refund the outstanding Public Improvement Refunding Bonds, Series 2003. Interest at rates ranging from .85% to 3.75% is payable semi-annually on May 1 and November 1. Principal is payable in annual installments of $325,000 to $1,880,000, with the final payment due May 1, 2023. Debt service payments will be made from the general fund. 12,545,000 Series 2013 On June 6, 2013, the City approved, through adoption of Resolution 39, 2013, the issuance of the Public Improvement Bond, Series 2013, in the amount of $4,300,000 for the purpose of financing the cost of improvements to the City's Golf Course and the construction of a new fire station. Interest at rates ranging from 1.77% to 1.89% is payable semiannually on June 1 and December 1. Principal is payable in annual installments of $209,370 to $245,403, with the final payment due December 1, 2022. Debt service payments will be made from the general fund. 4,300,000 Total public improvement bonds $ 18,109,251 Annual debt service payments to maturity for all bonds are as follows: Year Ending General Obligation Bonds Public Improvement Bonds Total All Bonds September 30 Principal Interest Principal Interest Principal Interest Total 2014 $ 1,161,067 $ 184,689 $ 2,370,229 $ 440,310 $ 3,531,296 $ 624,999 $ 4,156,295 2015 1,198,790 146,804 2,417,001 395,668 3,615,791 542,472 4,158,263 2016 1,120,300 109,138 2,475,804 342,067 3,596,104 451,205 4,047,309 2017 1,154,419 74,845 2,086,685 290,953 3,241,104 365,798 3,606,902 2018 1,189,590 39,495 2,124,860 240,927 3,314,450 280,422 3,594,872 2019-2023 540,972 14,936 6,634,672 415,975 7,175,644 430,911 7,606,555 $ 6,365,138 $ 569,907 $ 18,109,251 $ 2,125,900 $ 24,474,389 $ 2,695,807 $ 27,170,196 In -Substance Defeasance — Prior Years In 2003, the City defeased a bond issue (Florida Intergovernmental Finance Commission Capital Revenue Bonds, 2001 Series B) by creating a separate irrevocable trust fund. New debt was issued and the proceeds of the new debt were used to purchase U.S. government securities that were placed in an irrevocable trust fund. The investments and fixed earnings from the investments are sufficient to fully service the defeased debt until the debt is called or matures. For financial reporting purposes, the debt has been considered defeased and therefore removed as a liability from the City's government -wide financial statements. As of September 30, 2013, the amount of defeased debt outstanding, but removed from the City's government -wide financial statements is $10,355,000. In 2011, the City defeased the Public Improvement and Refunding Bonds, Series 2003 by creating a separate irrevocable trust fund. New debt was issued and the proceeds of the new debt were used to purchase U.S. 55 P1 Note 6. Long -Term Debt (continued) government securities that were placed in an irrevocable trust fund. The investments and fixed earnings from the investments are sufficient to fully service the defeased debt until the debt is called or matures. For financial reporting purposes, the debt has been considered defeased and therefore removed as a liability from the City's government -wide financial statements. As of September 30, 2013, the amount of defeased debt outstanding, but removed from the City's government -wide financial statements is $11,890,000. Note 7. Interfund Transfers The following is a summary of transfers by fund type for the year ended September 30, 2013: Transfer In Non -major Internal Transfer Out General governmental service Fund funds funds Total General fund $ - $ 71,038 $ 16,708 $ 87,746 Road Impact fund 559,748 - - 559,748 $ 559,748 $ 71,038 $ 16,708 $ 647,494 Transfers were made to move funds from the general fund as part of mid -year budget authorizations to fund salary increases. A transfer to the general fund from the road impact fund was made for scheduled debt service payments. Note 8. Pension Plans Florida Retirement Svstem — Defined Benefit Plan In October 2006, the City approved, through the adoption of Resolution 84, 2006, the participation in the Florida Retirement System ("FRS") for general employees, including elected officials and senior management. Employees participating in another City retirement plan that were hired prior to October 1, 2006, had the right to elect to continue participating in the City plan or discontinue participation in the City plan and join the FRS. Employees that elected to join the FRS were eligible for past service credit, at the City's expense, for the period of the participation in the City retirement plan, up to 9.75 years. Additional past service credit could be purchased at the employee's expense. Employees are vested in FRS after six years of service. The FRS is a cost -sharing, multiple employer defined benefit pension plan. FRS was created by the Florida Legislature and is administered by the State of Florida, Department of Management Services, Division of Retirement. FRS provides retirement, disability or death benefits for retirees or their designated beneficiaries. All retirement legislation must comply with Article X, Section 14 of the State Constitution and Part VII, Chapter 112 Florida Statutes. Both of these provisions require that any increase in retirement benefits must be funded concurrently on an actuarially sound basis. FRS issues a publicly available financial report that includes statements of financial condition, investment objectives and policy, an actuarial report, historical and statistical information on active members, annuitants, and benefit payments, as well as a description of the retirement plans. The report may be obtained by writing to the Division of Retirement, P.O. Box 9000, Tallahassee, Florida 32315-9000. Employees in the Florida Retirement System Pension Plan and Investment Plan are required to contribute 3% of their income as part of SB 2100 FRS reform measures that passed in the 2011 Florida legislative session. Contribution percentage amounts are subject to change each year based on legislative law changes, investment experience and the actuarial experience of the trust fund. As of September 30, 2013, the City's required annual contribution is 6.95% of the covered salary for general employees, 18.31 % for senior management, and 33.03% for elected officials. The City's contributions to FRS for the years ended September 30, 2013, 2012, and 2011 P1 Note 8. Pension Plans (continued) were $752,510, $620,532, and $1,127,214, respectively, equal to 100% of the required contributions for each year. Citv Sponsored — Defined Benefit Plans Plan Descriptions: The City is the sponsor of three single employer defined benefit plans: City of Palm Beach Gardens Police Offi- cers' Pension Fund (the "Police Pension") covering police officers, City of Palm Beach Gardens Retirement Plan for Firefighters (the "Fire Pension") covering Firefighters, and City of Palm Beach Gardens Retirement Plan for General Employees (the "General Employees' Pension"). The defined benefit plan for general employees was closed to new employees hired after May 1, 1995. All three plans are reported as pension trust funds. The City Council is authorized to establish benefit levels and to approve the actuarial assumptions used in the determination of contribution levels. At the election of the Pension Boards, separate audited financial statements are produced for the Police Pension and the Fire Pension. The General Employees Pension does not issue separate statements. The stand-alone statements for the Police Pension and the Fire Pension can be obtained from the respective pension boards. Each pension plan has its own board that acts as plan administrator and trustee. Each plan's assets may only be used for the payment of benefits to the members and beneficiaries of the plan in accordance with the terms of each plan document. The costs of administering each plan are financed in the appropriate pension trust fund. The Florida Constitution requires local governments to make the actuarially determined contribution. The Florida Division of Retirement reviews and approves each local government's actuarial report for funding purposes. Additionally, the State collects two locally authorized insurance premium surcharges (one for the Police Pension Plan on casualty insurance policies and one for the Fire Pension Plan on certain real and personal property insurance policies within the corporate limits) which can only be distributed after the State has ascertained that the local government has met their actuarial funding requirement for the then most recently completed fiscal year. Basis of Accounting: The Plan's financial statements are prepared using the accrual basis of accounting. Employee contributions are recognized in the period in which the contributions are due. Employer and State of Florida contributions are recognized when due and the employer has made a formal commitment to provide the contributions. Benefits and refunds are recognized when due and payable in accordance with the terms of the Plans. Investments: Investments are reported at fair value and are managed by third party money managers. The Plans' independent custodians and individual money managers price each instrument using various third party pricing sources. The benefits and refunds of the defined benefit pension plans are recognized when due and payable in accordance with the terms of the plan. Plan Amendments During the Fiscal Year: On September 13, 2012, the City approved Ordinances 23 and 24, 2012, amending benefit provisions of the Firefighters and Police Officers Pension Plans, respectively. The impacts of these changes affected the City's required contributions for the current fiscal year ending September 30, 2013. A summary of the changes is as follows: Firefighters Pension • The maximum benefit was reduced from 99% to 75%. • Compensation was changed from total W-2 earnings to base pay. • The COLA was reduced from 3% to 1.5%. • Chapter 175 funds in the amount of $507,634 will be used to offset the City's contribution, rather than to fund member share accounts. 57 P1 Note 8. Pension Plans (continued) Police Officers Pension • The benefit multiplier was lowered from 3.5% to 2.75%. • The maximum benefit that may be accrued was reduced from 100% to 75%. • Compensation was changed from total W-2 earnings to base pay. • Normal retirement was changed to age 59 with 10 years of service from age 52 with 10 years of service or 20 years of service at any age. • The COLA provided by actuarial gains was eliminated. The impacts on the Plans' required contributions and funded levels were determined by actuarial impact statements dated August 15, 2012, and September 12, 2012, for the Police Pension and Fire Pension Plans, respectively. The following Actuarial Assumptions, Annual Pension Cost and Net Pension Asset, Three Year Trend Information, and Funded Status schedules are derived from the October 1, 2011 actuarial valuations, and, for items affected by the above revisions, the actuarial impact statements issued subsequent to October 1, 2011, were used, and are noted in the schedules. Actuarial Assumptions: The following schedule is derived from the respective actuarial reports and City information for the three pension plans as part of the actuarial valuation pertaining to the year ended September 30, 2013. General Emalovees' Police Fire Asset Valuation: Reporting Fair value Fair value Fair value Actuarial Valuation 4-year smoothed (') 4-year smoothed Legal Reserves None None None Long -Term Receivable None None None Internal/Participant Loans None None None Membership and Plan Provisions: Members: Active Participants 2 84 111 Retirees and Beneficiaries 13 56 14 Terminated Vested 2 1 2 Normal Retirement Benefits: Retirement Age 62 59 (5) 52 Years of Service (minimum) None 10 10 Accrual 2.50% 2.75%(5) 3.00% Maximum None 75.00%(5) 75.00%(6) Years to Vest 10 10 10 Contributions: Actuarial Rate: City 119.28% 44.93%15) 29.40%(6) State N/A 6.87%(5) 6.47%(6) Participants 6.00% 8.60% 5.44%(6) Actuarial Valuation Date 10/1/2012 10/1/2011 10/1/2011 Asset Valuation Method 4-year smoothed (1) (4) market Actuarial Methods: Actuarial Cost Method Aggregate Entry Age Projected Cost Normal Unit Credit I] Note 8. Pension Plans (continued) General Emplovees' Police Fire Amortization Method Level percent of Level percent of Level percent of pay, open pay, closed pay, closed Amortization Period 30 years 25 years 25 years Significant Actuarial Assumptions: Investment return 7.25% 7.40%151 8.25% Projected salary increases 5.00% 7.50% 4.50% Inflation (3) 3.00% 4.50% Cost of living adjustments (3) N/A 1.50%,2) (') Effective October 1, 2006, the asset valuation method was changed from the five year smoothed method to a method that recognizes 20% of the difference between market value of assets and expected actuarial asset value. (2) 1.0% for age 53, 2% for age 54, and 3% over age 55 for employees who had reached Normal Retirement eligibility as of September 13, 2012. After this date, the COLA is 1.5%. (3)Included in projected salary increases. (4) Effective October 1, 2012, the asset valuation method was changed from the four year smoothed method to a method that recognizes 25% of the difference between market value of assets and expected actuarial asset value. (5)Reflects changes made to the Plan subsequent to the 10/1/2011 valuation, as set forth in the actuarial impact statement dated 8/15/2012. These changes were approved with adoption of Ordinance 24, 2012. (6�Reflects changes made to the Plan subsequent to the 10/1/2011 valuation, as set forth in the actuarial impact statement dated 9/12/2012. These changes were approved with adoption of Ordinance 23, 2012. Annual Pension Cost and Net Pension Asset The City's annual pension cost and net pension (obligation)/asset for the General Employees' Pension and the Police Pension for the current year were as follows. The Annual Required Contribution for the Police Pension reflects the changes previously discussed, and was calculated in the actuarial impact statement dated August 15, 2012: Annual Required Contributions (ARC) Interest on net pension obligation/(asset) Adjustment to annual required contribution Annual Pension Cost (APC) Contributions made Increase/(decrease) in net pension (obligation)/asset Net pension obligation/(asset), beginning of year Net pension obligation/(asset), end of year Three Year Trend Information: General Employees' Police Pension Pension $ 120,572 $ 3,113,406 3,355 (14,017) (3,564) 18,347 120,363 3,117,736 120,572 3,113,406 (209) 4,330 46,271 (1929016) $ 46,062 $ (187,686) The City's annual required contribution and actual contributions for each plan for the last three fiscal years ended September 30, is shown below. The 2013 required contributions were determined as part of the actuarial valuation pertaining to the year ended September 30, 2013, for each plan. The Annual Pension Costs for the Police and Fire Pension Plans were determined by the actuarial impact statements dated August 15, 2012 and September 12, 2012, respectively: 59 I] Note 8. Pension Plans (continued) Three Year Trend Information Annual Percentage Net Pension Pension of APC (Obligation) Cost (APC) Contributed Asset General Employees' Pension: 2011 $ 127,701 98.0% $ (46,482) 2012 130,599 100.2% (46,271) 2013 120,363 100.0% (46,062) Police Pension: 2011 $4,308,678 99.7% $ 200,973 2012 4,207,140 99.7% 192,016 2013 3,117,736 99.9% 187,686 Fire Pension: 2011 $3,745,497 100.0% $ - 2012 3,974,487 100.0% - 2013 3,347,645 100.0% - Funded Status: The schedule of funding progress presents information about the actuarial value of plan assets relative to the actuarial accrued liability for the year ended September 30, 2013. Data for the Police and Fire Pension Plans include information derived from both the October 1, 2011 valuation reports and the subsequent actuarial impact statements issued August 15, 2012 and September 12, 2012, respectively. The Actuarial Accrued Liability and Unfunded Actuarial Accrued Liability amounts were extracted from the actuarial impact statements. Schedule of Funding Progress Unfunded Actuarial UAAL as a Actuarial Actuarial Accrued Percentage Actuarial Value of Accrued Liability Funded Covered of Covered Valuation Assets Liability (AAL) (UAAL) Ratio Payroll Payroll Date (a) (b) (b-a) (a/b) (c) ((b-a)/c) General Employees' Pension 10/1/2012 $ 2,059,833 $ 3,145,606 $ 1,085,773 65.48% $ 101,085 1,074.12% Police Pension 10/1/2011 45,709,740 68,822,738 23,112,998 66.42% 5,724,225 403.78% Fire Pension 09/30/2011 35,151,000 51,773,000 16,622,000 67.89% 10,576,000 157.17% The required Schedule of Funding Progress immediately following the notes to the financial statements presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liability for benefits. The General Employees Pension does not issue separate stand-alone financial statements, therefore, included below is the financial information for the Plan as of and for the year ended September 30, 2013: General Employees Pension Trust Fund Assets: Cash and cash equivalents $ 28,293 Investments 2,148,048 Receivables 27,930 Total assets 2,204,271 Liabilities: Accounts payable 1,088 Net assets held in trust for pension benefits $ 2,203,183 •1 I] Note 8. Pension Plans (continued) General Employees Pension Trust Fund Additions: Contributions: Employer $ 120,572 Employees 9,780 Total contributions 130,352 Investment earnings (loss): Net appreciation in the fair value of investments 240,658 Less investment expenses (4,248) Net investment earnings 236,410 Total additions 366,762 Deductions: Pension benefits 254,313 Administrative expenses 5,965 Total deductions 260,278 Change in net position 106,484 Net position, beginning 2,096,699 Net position, ending $ 2,203,183 Defined Contribution Plan The City of Palm Beach Gardens Money Purchase Plan (the "General Plan") and the City of Palm Beach Gardens Executive Plan (the "Executive Plan") are defined contribution pension plans established by the City and administered by ICMA Retirement Corporation to provide benefits at retirement to the employees of the City. The General Plan was closed to new employees hired on or after October 1, 2006. Employees of the City that were hired prior to October 1, 2006, and elected not to join the FRS are eligible to participate in the General Plan. The City contributes to the General Plan an amount equal to the FRS contribution rate at the time of election (9.85% general employee and 13.12% senior management) of the employee's base salary each month. Employees also contribute an amount equal to 4% of their base salary in the General Plan. The City's contributions for each employee (and interest allocated to the employees' accounts) are fully vested after one year of continuous service. Plan revisions and contribution requirements are established and may be amended by the City Council. The City Manager is the only employee eligible to participate in the Executive Plan. The City contributes 15% to the Executive Plan. As part of the employment agreement with the City Manager, the City contributes 3% of the base salary to the Executive Plan, in addition to the 15%. The City's contributions were calculated using the base salary amount of $1,118,371 for the General Plan and $196,203 for the Executive Plan. The City made its required contributions of $118,792 for the General Plan and $35,316 for the Executive Plan and employees made their required contributions of $44,735 to the General Plan. Deferred Compensation Plan The City offers its employees deferred compensation plans created in accordance with Internal Revenue Service Code Section 457. This plan, available to all City employees, permits them to defer the payment of a portion of their salary until future years. Participation in this plan is voluntary and the City makes no contributions to these plans on behalf of the employee. The deferred compensation is not available to employees until termination, retirement, death, or unforeseen emergency. All amounts of compensation deferred, including the investments and earnings thereon, vest with the employee and are not subject to the claims of the City's general creditors. 61 P1 Note 9. Other Postemployment Benefits The cost of postemployment healthcare benefits generally should be associated with the periods in which the cost occurs, rather than in the future year when it will be paid. The City recognizes the cost of postemployment healthcare benefits in the year when the employee services are received, reports the accumulated liability from prior years, and provides information useful in assessing potential demands on the City's future cash flows. Plan Description The City provides certain healthcare benefits to active and retired employees and their dependents. The health plan is a single employer plan administered by the City. The benefits, levels of benefit, employee contributions, and employer contributions are governed by the City and can be amended by the City through management re- commendations to, and approval by, City Council as part of the annual budget adoption process. The plan is not reported as a trust fund nor has an irrevocable trust or equivalent arrangement been established to account for the plan. As a result, the plan does not issue a separate financial report. The activity of the plan is reported in the City's Self Insurance fund, an internal service fund. Benefits Provided Retired City employees can continue the same medical coverage they had as active employees. The City provides postemployment health care benefits to its retired employees and their dependents. To be eligible for benefits, an employee must reach retirement eligibility in their respective pension plan. All health care benefits are provided through the City's self -insured health plan. The benefit levels are the same as those afforded to active employees. Benefits include general inpatient and outpatient medical services; mental, and substance abuse care; dental care; and prescriptions. Upon a retired employee reaching 65 years of age, Medicare becomes the primary insurer and the City's plan will not pay benefits already paid by Medicare. Membership As of September 30, 2013, membership consisted of: Membership September 30, 2013 Active Employees 425 Retirees 17 Total 442 Funding Policy The City establishes the individual premium to be paid by the retired employees. The State of Florida prohibits the City from separately rating retired employees and active employees. As a result, the City's premium charges to retired employees can be no more than the premium cost applicable to active employees. Generally accepted accounting principles, however, require that the actuarial information presented below be calculated using age adjusted premiums approximating claims costs for retirees separate from the active employees. The use of age adjusted premiums results in the addition of an implicit rate subsidy into the actuarial accrued liability. For the year ended September 30, 2013, retired employees contributed $188,092 to the plan. For those employees, through its Self Insurance Fund, the City paid $147,649 in claims and administrative costs resulting in a net contribution of $40,443. Active employees do not contribute 100% of the premium cost to the plan until retirement. Annual OPEB Cost and Annual OPEB Obligation The City's actuarial valuation was performed for the plan as of October 1, 2012 and determined the employer's annual required contribution (ARC) for the year ended September 30, 2013. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal costs each year and amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed 30 years. The following table shows the components of the City's annual OPEB cost for the year, benefit payments made, and the changes in the net OPEB obligation. 62M P1 Note 9. Other Postemployment Benefits (continued) Annual Required Contribution (ARC) Interest on net OPEB obligation Adjustment to annual required contribution Annual OPEB cost Benefit payments made Increase in net OPEB obligation Net OPEB obligation, beginning of year Net OPEB obligation, end of year $ 574,000 67,000 (76,000) 565,000 (158,000) 407,000 1,906,000 $ 2,313,000 The City's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation was as follows: Percentage of Beginning Annual OPEB Fiscal Year Net OPEB Annual Benefit Cost Net OPEB Ended Obligation OPEB Cost Payments Contributed Obligation 9/30/2011 $ 864,000 $ 631,000 $ 129,000 20.44% $ 1,366,000 9/30/2012 1,366,000 675,000 135,000 20.00% 1,906,000 9/30/2013 1,906,000 565,000 158,000 27.96% 2,313,000 Funded Status The funded status of the plan at October 1, 2012, the most recent actuarial valuation date, was as follows: Schedule of Funding Progress Unfunded Actuarial Actuarial UAAL as a Actuarial Accrued Accrued Percentage Actuarial Value of Liability Liability Funded Covered of Covered Valuation Assets (AAL) — (UAAL) Ratio Payroll Payroll Date (a) (b) (b-a) (a/b) (c) ((b-a)/c) 10/1/2012 $ - $ 6,376,000 $ 6,376,000 0.00% $ 28,739,392 22.19% Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to the financial statements, presents multi -year trend information that shows whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. The City has not established an irrevocable trust fund or equivalent arrangement to accumulate assets to cover the unfunded actuarial accrued liability, but instead has elected to account for the OPEB liability on a pay as you go basis. Actuarial Methods and Assumptions Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The projections do not explicitly incorporate the potential effects of legal or contractual funding limitations. The actuarial methods and assumptions used include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations. 63P] I?] Note 9. Other Postemployment Benefits (continued) In the October 1, 2012 actuarial valuation, the projected unit credit method was used. The actuarial assumptions included 4% investment rate of return (net of administrative expenses), a discount rate of 3.5%, inflation rate of 2.5%, an annual healthcare cost trend rate of 7% decreasing until it reaches 4.20%, and salary scale growth of 3.5%. Life expectancies were based upon data found in the RP-2000 healthy and disabled tables. The actuarial value of assets was not determined as the City has not advance funded its obligation. The plan's unfunded actuarial accrued liability is being amortized as a level percentage of projected payroll on a closed basis. The remaining amortization period at September 30, 2013 was twenty-six years. Note 10. Contingent Liabilities Amounts received or receivable from grantor agencies are subject to audit and adjustments by grantor agencies, principally the federal government. Any disallowed claims, including amounts already collected, may constitute a liability of the applicable funds. The amount, if any, of expenditures that may be disallowed by the grantor cannot be determined at this time, although the City expects such amounts, if any, to be immaterial. The City is a defendant in various claims and legal actions occurring in the course of operations. While the ultimate outcome of the litigation cannot be determined at this time, management believes that any amounts not covered by insurance, if any, resulting from these lawsuits would not materially affect the financial position of the City. The City has received proceeds from several federal and state grants. Periodic audits of these grants are required and certain costs may be questioned as not being appropriate expenditures under the grant agreements. Such audits could result in the refund of grant monies to the grantor agencies. Management of the City believes that any required refunds would be immaterial. No provision has been made in the accompanying financial statements for the refund of grant monies. Note 11. Commitments Commitments on major construction contracts consist of the following: Fire Station Replacement Bridge Refurbishment Project City Park Expansion Phase III Golf Course Modernization Plant/Lilac Park Expansion Municipal Complex Civic Enhancement Total Expended at Balance Project September 30, to Authorization 2013 Complete $ 2,579,100 $ - $ 2,579,100 1,367,000 101,976 1,265,024 850,000 54,900 795,100 2,588,153 2,205,534 382,619 500,000 303,864 196,136 818,000 626,065 191,935 $ 8,702,253 $ 3,292,339 $ 5,409,914 Solid Waste, Recycling, and Vegetative Waste Collection Services On February 17, 2006, the City entered into an agreement with Waste Management, Inc. of Florida granting an exclusive solid waste, recycling and vegetative waste collection services franchise. The City renewed a five year option for the agreement on April 5, 2012 which will terminate on March 30, 2018. The cost of the contract totaled $2,598,193 for the year ended September 30, 2013. 64M P1 Note 12. Jointly Governed Organization The City, through an interlocal agreement with certain other municipalities and Palm Beach County, created the Seacoast Utility Authority ("Seacoast") which provides water and sewer service to the citizens of each of the participating municipalities and a portion of Palm Beach County. Seacoast's governing board is comprised of one member from each participating entity. Seacoast is an independent authority organized under the laws of the State of Florida and the City has no participating equity ownership in Seacoast. The City paid $106,572 to Seacoast during the fiscal year for water and sewer service. Note 13. Risk Manaaement and Health Insurance The City is exposed to various risks of loss related to torts, theft of, damage to and destruction of assets; errors and omission; and natural disasters for which the City carries commercial insurance. Specifically, the City purchases commercial insurance for property, liability, and workers' compensation. The City is also covered by Florida Statutes under the Doctrine of Sovereign Immunity which effectively limits the amount of liability of municipalities to individual claims of $200,000/$300,000 for all claims relating to the same accident. There have been no significant reductions in insurance coverage from the prior year. In addition, there have been no settlements in excess of insurance coverage for the past three fiscal years. Self -Insurance Fund During fiscal year 2009, the City established the Self Insurance Fund (internal service fund) to account for medical insurance claims of City employees and their covered dependents. Under this program, the fund provides the employee with an unlimited lifetime maximum benefit. A maximum deductible of $200,000 for specific claims has been set. Commercial insurance for specific loss claims in excess of the coverage provided by the fund is supplied by Symetra Life Insurance Company. The City has contracted with Blue Cross/Blue Shield to perform certain administrative functions, such as monitoring, reviewing and paying claims. Settled claims have not exceeded the excess insurance limits during the fiscal year. All City departments participate in the program and make payments to the self insurance fund based upon actuarial estimates of the amounts needed to pay prior and current year claims, claims reserves, and administrative costs. Liabilities of the fund are reported when it is probable that a loss has occurred and the amount of the loss can be reasonably estimated. Liabilities include an amount for claims that have been incurred but not reported (IBNRs). The result of the process to estimate the claims liability is not an exact amount as it depends on many complex factors, such as inflation, changes in legal doctrines, and damage awards. Accordingly, claims are re-evaluated periodically to consider the effects of inflation, recent claim settlement trends (including frequency and amount of pay -outs), and other economic and social factors. The estimate of the claims liability also includes amounts for incremental claim adjustment expenses related to specific claims and other claim adjustment expenses regardless of whether the expenses are allocated to specific claims. Changes in claims liabilities were as follows: Claims and Year Ended Claims Payable Changes in Claim Claims Payable September 30, Beginning of Year Estimates Payments End of Year 2011 $ 556,710 $ 4,336,082 $ (4,330,939) $ 561,853 2012 561,853 4,468,885 (4,745,754) 284,984 2013 284,984 4,384,601 (4,410,053) 259,532 Note 14. Investment in Joint Venture The City entered into an interlocal agreement with two other municipalities in Palm Beach County to purchase and operate a county -wide public safety communications system. The interlocal agreement established the Municipal Public Safety Communications Consortium of Palm Beach County ("MPSCC") whose purpose is to provide its 65F?l I] Note 14. Investment in Joint Venture (continued members with expanded radio communications services (via the 800MHz trunked radio system) to aid in public safety over a larger geographical region. The MPSCC is a cost sharing organization. Its annual budget is prepared by the Executive Director and approved by the Board of Directors. The member municipalities of the MPSCC are obligated for the debt incurred by the consortium and each municipality is responsible for their respective portion of costs incurred by the MPSCC. The City's initial investment in this joint venture was $676,200, which represents 13.8% of the total consortium investment. During the current fiscal year, the City had expenditures of $98,732 relating to the consortium. The City's investment in the Joint Venture is $1,233,740 as of September 30, 2013. Separate financial statements for the MPSCC may be obtained from the Palm Beach Gardens Police Department, Attention: Colonel Ernie Carr, 10500 Military Trail, Palm Beach Gardens, Florida 33410. Note 15. Interlocal On September 30, 2010, the City adopted Resolution 74, 2010, entering into an agreement with three other municipalities (the Town of Jupiter, Town of Juno Beach, and Jupiter Inlet Colony) to provide consolidated police dispatch operations in Palm Beach County. The Northern Municipal Regional Communications Center's (NMRCC) budget for the fiscal year was $2,588,239 which was offset by $42,870 in Palm Beach County 911 reimbursements. In addition, each participating municipality was responsible for its pro-rata share of administrative service fees totaling $389,307. The allocation of expenditures to the three municipalities is based on population with the City's share at 45.2%, the Town of Jupiter at 51.5%, the Town of Juno Beach at 3% and Jupiter Inlet Colony at .4%. The City received payments from the Town of Jupiter, Town of Juno Beach, and Jupiter Inlet Colony for dispatch services totaling $1,631,467, which included an administrative services fee of $213,323. The City was responsible for $1,150,622. Actual expenditures were greater than the dispatch operations budget during the fiscal year by $67,507. The accumulated portion of payments from municipalities that exceed actual expenditures is shown as restricted to law enforcement on the governmental funds balance sheet. Note 16. Restatement of Beginninq Net Position Due to the changes in accounting principles described in Note 1, beginning net position has been decreased by $153,204 from $105,674,318 to $105,521,114. The difference represents a restatement for bond issuance costs that were previously amortized under prior standards, but are now expensed in the period incurred under the new standards. Note 17. Pronouncements Issued, But Not Yet Adopted Statement No. 66, Technical Corrections-2012—an amendment of GASB Statements No. 10 and No. 62 issued March 2012, is effective for the City beginning with its fiscal year ending September 30, 2014. The objective of this Statement is to improve financial reporting for a governmental financial reporting entity by resolving conflicting guidance that resulted from the issuance of two pronouncements, Statements No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, and No. 62, Codification of Accounting and Financial Reporting Guidance Contained in Pre -November 30, 1989 FASB and AICPA Pronouncements. Statement No. 67, Financial Reporting for Pension Plans —an amendment of GASB Statement No. 25 issued June 2012, is effective for the City beginning with its fiscal year ending September 30, 2014. The objective of this Statement is to improve financial reporting by state and local governmental pension plans. This Statement results from a comprehensive review of the effectiveness of existing standards of accounting and financial reporting for pensions with regard to providing decision -useful information, supporting assessments of accountability and inter - period equity, and creating additional transparency. This Statement replaces the requirements of Statements No. 25, Financial Reporting for Defined Benefit Pension Plans and Note Disclosures for Defined Contribution Plans, and No. 50, Pension Disclosures, as they relate to pension plans that are administered through trusts or equivalent arrangements (hereafter jointly referred to as trusts) that meet certain criteria. The requirements of 66M P1 Note 17. Pronouncements Issued, But Not Yet Adopted Statements 25 and 50 remain applicable to pension plans that are not administered through trusts covered by the scope of this Statement and to defined contribution plans that provide postemployment benefits other than pensions. Statement No. 68, Accounting and Financial Reporting for Pensions —an amendment of GASB Statement No. 27 issued June 2012, is effective for the City beginning with its fiscal year ending September 30, 2015. The primary objective of this Statement is to improve accounting and financial reporting by state and local governments for pensions. It also improves information provided by state and local governmental employers about financial support for pensions that is provided by other entities. This Statement results from a comprehensive review of the effectiveness of existing standards of accounting and financial reporting for pensions with regard to providing decision -useful information, supporting assessments of accountability and inter period equity, and creating additional transparency. Statement No. 69, Government Combinations and Disposals of Government Operations issued January 2013, is effective for the City beginning with its fiscal year ending September 30, 2015. This Statement establishes accounting and financial reporting standards related to government combinations and disposals of government operations. As used in this Statement, the term government combinations, includes a variety of transactions referred to as mergers, acquisitions, and transfers of operations. The Statement requires disclosures to be made about government combinations and disposals of government operations to enable financial statement users to evaluate the nature and financial effects of those transactions. Statement No. 70, Accounting and Financial Reporting for Nonexchange Financial Guarantees issued April 2013, is effective for the City beginning with its fiscal year ending September 30, 2014. The objective of this Statement is to improve accounting and financial reporting by state and local governments that extend and receive nonexchange financial guarantees. Statement No. 71, Pension Transition for Contributions Made Subsequent to the Measurement Date issued November 2013, is effective for the City beginning with its fiscal year ending September 30, 2015. The objective of this Statement is to address an issue regarding application of the transition provisions of Statement No. 68, Accounting and Financial Reporting for Pensions. The issue relates to amounts associated with contributions, if any, made by a state or local government employer or nonemployer contributing entity to a defined benefit pension plan after the measurement date of the government's beginning net pension liability. The City's management has not yet determined the effect these Statements will have on the City's financial statements. 67P] REQUIRED SUPPLEMENTARY INFORMATION This page intentionally left blank. City of Palm Beach Gardens, Florida Required Supplementary Information Budgetary Comparison Schedule General Fund Year Ended September 30, 2013 Revenues: Taxes: Ad valorem taxes Local business taxes Utility taxes Franchise fees Licenses and permits Intergovernmental Charges for services Fines and forfeitures Investment income Miscellaneous Total revenues Expenditures: General Government: City Council Administration Purchasing and Contract Management Information Technology City Clerk Legal Services Engineering Services Human Resources Finance General Services Planning and Zoning: Administration Development Compliance Planning GIS Construction Services - Building Code Enforcement Total general government Public safety: Police Fire and Emergency Services Total public safety Legally Original Adopted Final Adopted Budget Revised Budget Amendments Budget $ 44,631,449 $ - $ 44,631,449 1,375,000 - 1,375,000 2,352,000 - 2,352,000 5,360,000 - 5,360,000 2,251,551 (105,000) 2,146,551 4,576,500 317,849 4,894,349 3,505,671 (202,849) 3,302,822 151,000 140,131 291,131 260,000 - 260,000 601,450 20,000 621,450 65, 064, 621 170,131 65,234, 752 385,207 (31,225) 353,982 545,144 7,969 553,113 165,348 3,151 168,499 1,456,566 41,256 1,497,822 489,576 6,720 496,296 337,317 1,822 339,139 272,666 4,869 277,535 603,927 8,700 612,627 896,220 18,104 914,324 5,482,506 100,500 5,583,006 341,387 48,334 389,721 442,368 8,222 450,590 328,658 6,141 334,799 157,443 2,863 160,306 1,647,386 28,871 1,676,257 665,095 10,006 675,101 14,216,814 266,303 14,483,117 20,937,686 17,370,583 552,491 294,800 21,490,177 17,665,383 38,308,269 847,291 39,155,560 72 Variance With Final Budget Positive Actual (Negative) $ 44,946,393 $ 314,944 1,424,382 49,382 2,220,036 (131,964) 5,101,610 (258,390) 3,537,512 1,390,961 5,263,493 369,144 3,995,591 692,769 297,308 6,177 155,479 (104,521) 1,184,987 563,537 68,126,791 2,892,039 275,840 78,142 571,410 (18,297) 140,160 28,339 1,459,240 38,582 451,886 44,410 356,382 (17,243) 261,013 16,522 548,882 63,745 921,140 (6,816) 5,661,558 (78,552) 272,546 117,175 437,341 13,249 319,994 14,805 150,053 10,253 1,484,972 191,285 579,200 95,901 13,891,617 591,500 20,216,234 17,827,474 1,273,943 (162,091) 38,043,708 1,111,852 Continued on next page 73 City of Palm Beach Gardens, Florida Required Supplementary Information Budgetary Comparison Schedule (continued) General Fund Year Ended September 30, 2013 Culture and Recreation: Administrative services Seniors and wellness Aquatics Tennis Programs Total cultural and recreation Physical Environment: Administrative services Facilities maintenance Stormwater and street maintenance Parks and grounds Total physical environment Capital outlay Debt Service: Principal Interest Bond Issuance costs Total debt service Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources/(uses): Transfers in Transfers out Capital lease Bonds issued Sale of capital assets Total other financing sources/(uses) Net change in fund balances Fund balance, beginning Fund balance, ending See notes to required supplementary information. Legally Original Adopted Final Adopted Budget Revised Budget Amendments Budget $ 183,396 $ 2,291 $ 185,687 40,938 6,992 47,930 170,043 2,227 172,270 130,978 1,943 132,921 96,643 (5,063) 91,580 621,998 8,390 630,388 405,472 31,879 437,351 2,259,717 154,975 2,414,692 1,090,985 (17,038) 1,073,947 3,039,981 9,346 3,049,327 6,796,155 179,162 6,975,317 1,344,300 6,859,519 8,203,819 3,623,089 - 3,623,089 713,744 - 713,744 - 29,000 29,000 4,336,833 29,000 4,365,833 65,624,369 8,189,665 73,814,034 (559,748) (8,019,534) (8,579,282) 559,748 - 559,748 - (87,746) (87,746) - 1,206,362 1,206,362 - 4,292,500 4,292,500 559,748 5,411,116 5,970,864 - (2,608,418) (2,608,418) 25,653,723 3,185,930 28,839,653 $ 25,653,723 $ 577,512 $ 26,231,235 74 Variance With Final Budget Positive Actual (Negative) $ 187,372 $ (1,685) 38,688 9,242 164,129 8,141 127,730 5,191 67,906 23,674 585,825 44,563 345,411 91,940 2,152,109 262,583 992,699 81,248 3,006,091 43,236 6,496,310 479,007 4,835,916 3,367,903 3,623,063 26 713,851 (107) 36,500 (7,500) 4,373,414 (7,581) 68,226,790 5,587,244 (99,999) 8,479,283 559,748 - (87,746) - 1,208,074 1,712 4,300,000 7,500 30,000 30,000 6,010,076 39,212 5,910,077 8,518,495 28,839,653 - $ 34,749,730 $ 8,518,495 75 City of Palm Beach Gardens, Florida Required Supplemental Information Schedule of Funding Progress Defined Benefit Pension Plans Year Ended September 30, 2013 Actuarial Actuarial Value of Valuation of Assets Date (a) Unfunded Actuarial Actuarial Accrued Accrued Liability Liability Funded (AAL) (UAAL) Ratio (b) (b-a) (a/b) UAAL as a Percentage Covered of Covered Payroll Payroll (c) ((b-a)/c) General Employees' Pension 10/1/2006 $ 2,665,022 $ 3,282,189 $ 617,167 81.20% $ 273,962 225.27% 10/1/2007 2,761,142 3,242,068 480,926 85.17% 130,793 367.70% 10/1/2008 2,823,246 3,304,981 481,735 85.42% 149,940 321.29% 10/1/2009 (2) 2,501,664 3,188,958 687,294 78.45% 157,437 436.55% 10/1/2011 2,081,483 3,143,437 1,061,954 66.22% 122,051 870.09% 10/1/2012 2,059,833 3,145,606 1,085,773 65.48% 101,085 1074.12% Police Pension 10/1/2006 $22,740,838 $46,503,218 $23,762,380 48.90% $ 8,322,332 285.53% 10/1/2007 27,799,386 52,230,511 24,431,125 53.22% 8,915,563 274.03% 10/1/2008 32,261,274 60,450,441 28,189,167 53.37% 9,842,874 286.39% 10/1/2009 36,834,622 65,550,027 28,715,405 56.19% 9,290,829 309.07% 10/1/2010 41,948,009 71,341,740 29,393,731 58.81% 8,499,722 345.82% 10/1/2011 45,709,740 68,822,738 23,112,998 66.42% 5,724,225 403.78% Fire Pension 10/1/2006 ��� $13,973,768 $29,845,862 $15,872,094 46.82% $ 9,205,470 172.42% 10/1/2007 18,247,947 33,826,082 15,578,135 53.95% 9,549,000 163.14% 10/1/2008 22,307,415 39,302,237 16,994,822 56.76% 9,852,960 172.48% 10/1/2009 26,483,794 44,357,377 17,873,583 59.71% 9,994,000 178.84% 10/1/2010 31,110,381 49,208,059 18,097,678 63.22% 10,072,000 179.68% 10/1/2011 35,151,000 51,773,000 16,622,000 67.89% 10,576,000 157.17% Effective October 1, 2006, the Fire Pension plan changed its actuarial cost method from the frozen entry age actuarial cost method to the projected unit credit actuarial cost method. (2) Effective October 1, 2009, the General Employees Pension plan changed its actuarial cost method from the entry age actuarial cost method to the aggregate actuarial cost method. See notes to required supplementary information. 76 City of Palm Beach Gardens, Florida Required Supplementary Information Schedule of Employer Contributions Defined Benefit Pension Plans Year Ended September 30, 2013 Year Ended September 30, General Employees' Pension Annual Required Contribution City Percentage Contribution Contributed 2008 $ 91,488 $ 91,488 100.00% 2009 60,503 60,503 100.00% 2010 77,437 77,437 100.00% 2011 125,273 125,273 100.00% 2012 130,810 130,810 100.00% 2013 120,572 120,572 100.00% Police Pension 2008 $ 3,556,548 $ 3,556,548 100.00% 2009 3,762,323 3,762,323 100.00% 2010 4,368,612 4,368,612 100.00% 2011 4,298,216 4,298,216 100.00% 2012 4,198,183 4,198,183 100.00% 2013 3,113,406 3,113,406 100.00% Fire Pension 2008 $ 3,055,991 $ 3,055,991 100.00% 2009 3,180,731 3,180,731 100.00% 2010 3,550,238 3,550,238 100.00% 2011 3,745,497 3,745,497 100.00% 2012 3,974,487 3,974,487 100.00% 2013 3,347,645 3,347,645 100.00% See notes to required supplementary information. 77 City of Palm Beach Gardens, Florida Required Supplemental Information Schedule of OPEB Funding Progress Other Postemployement Benefits Year Ended September 30, 2013 Unfunded Actuarial Actuarial UAAL as a Actuarial Accrued Accrued Percentage Actuarial Value of Liability Liability Funded Covered of Covered Valuation of Assets (AAL) (UAAL) Ratio Payroll Payroll Date (a) (b) (b-a) (a/b) (c) ((b-a)/c) 10/1/2008 $ - $ 5,912,000 $ 5,912,000 0.00% $ 29,593,635 19.98% 10/1/2010 - 6,693,000 6,693,000 0.00% 27,872,696 24.01% 10/1/2011 - 7,208,000 7,208,000 0.00% 28,366,590 25.41% 10/1/2012 - 6,376,000 6,376,000 0.00% 28,739,392 22.19% Note: Data not available prior to fiscal year 2009 implementation of Governmental Accounting Standards Board Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions. See notes to required supplementary information. 78 City of Palm Beach Gardens, Florida Notes to Required Supplementary Information September 30, 2013 Note 1. Budgetary Information State of Florida statutes require that all municipal governments establish budgetary systems and approve annual operating budgets. The Council annually adopts an operating budget and appropriates funds for the general fund, special revenue funds (except the extra duty police fund), capital projects funds and the proprietary fund. The procedures for establishing budgetary data are as follows: Prior to the first Council meeting in August of each year, the City Manager submits a proposed operating budget to the Council for the next fiscal year commencing the following October 1. The proposed budget includes expenditures and the means of financing them. The Council holds public meetings to obtain taxpayer comments. Upon completion of the public hearings, a final operating budget is legally enacted through the passage of an ordinance before September 30th. Estimated fund balances are considered in the budgetary process. A City ordinance establishes the legal level of budgetary control at the fund level. Any increase in the total amount appropriated for all funds must be approved by ordinance of the Council. Any transfer between funds must be approved by the City Manager and by ordinance of the City Council. Transfers from the Council contingency account must be approved by the City Council. Any other budget transfer within the same fund must be approved by the City Manager. The adopted budgets are prepared in accordance with generally accepted accounting principles. The Council also adopts non -appropriated operating budgets for the proprietary funds substantially on a basis consistent with generally accepted accounting principles, except that depreciation is not budgeted and capital outlay purchases are presented as expenses. The reported budgetary data represents the final appropriated budgets after amendments adopted by the Council. Encumbrances Encumbrance accounting, in which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is utilized by the City during the year. Because appropriations expire at year end, even if encumbered, it is the City's policy to re -appropriate such amounts at the beginning of the next fiscal year. Encumbrances outstanding at year end are reported as part of restricted and assigned fund balances. Below is a listing of outstanding encumbrances by fund at September 30, 2013: Encumbrances Outstanding Fund: General fund $ 871,571 Road impact fund 11,046 Non -major governmental funds 279,301 Internal service funds 7,893 Total $ 1,169,811 Note 2. Budaet and Actual Comoarisons The Budgetary Comparison Schedule for the General Fund is required to be prepared under the basis of accounting used in preparing the budget. As indicated in Note 1, the modified accrual basis of accounting is used for budgetary purposes. On -behalf payments from the State of Florida for Police and Fire -Rescue pensions are not included in the budget. As a result, General Fund revenue and expenditures reported in the budget and 79 Note 2. Budaet and Actual Comparisons (contin actual statement differ from the corresponding amounts reported on the basis of U.S. generally accepted accounting principles. These differences can be reconciled as follows: Budgetary basis State on -behalf payments for Police and Fire -Rescue pension contributions not included in budgetary basis Note 3. Pension Plans Revenues $ 68,126,791 Expenditures $ 68,226,790 1,225,288 1,225,288 $ 69,352,079 $ 69,452,078 The information presented in the required supplementary schedules was determined as part of the actuarial valuations at the dates indicated. Additional information as of the latest actuarial valuation was as follows: General Police Fire Employees' Pension Pension Pension Actuarial Valuation Date 10/1/2012 10/1/2011 10/1/2011 Asset Valuation Method 4-year smoothed (') (4) market Actuarial Methods: Actuarial Cost Method Aggregate Entry Age Projected Cost Normal Unit Credit Amortization Method Level percent Level percent Level percent of pay, open of pay, closed of pay, closed Amortization Period 30 years 25 years 25 years Actuarial Assumptions: Investment rate of return 7.25% 7.40% 8.25% Projected salary increase 5.00% 7.50% 4.50% Inflation (3) 3.00% 4.50% Cost of living adjustments (3) N/A 1.50%(2) (') Effective October 1, 2006, the asset valuation method was changed from the five year smoothed method to a method that recognizes 20% of the difference between market value of assets and expected actuarial asset value. (2) 1.0% for age 53, 2% for age 54, and 3% over age 55 for employees who had reached Normal Retirement eligibility as of September 13, 2012. After this date, the COLA is 1.5%. (3)Included in projected salary increases. (4) Effective October 1, 2012, the asset valuation method was changed from the four year smoothed method to a method that recognizes 25% of the difference between market value of assets and expected actuarial asset value. Note 4. Other Postemplovment Benefit Plan The information presented in the required supplementary schedules was determined as part of the actuarial valuations at the dates indicated. Additional information as of the latest actuarial valuation was as follows: :1 Note 4. Other Postemployment Benefit Plan (conti Actuarial Valuation Date Actuarial Cost Method Amortization Method Amortization Period Actuarial Assumptions: Discount rate Inflation rate Investment rate of return Salary growth rate Annual healthcare cost trend rate October 1, 2012 Projected Unit Credit Method Level Percentage 26 years 3.50% 2.50% 4.00% 3.50% 7.00% decreasing until it reaches 4.20% I.I COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS AND SCHEDULES This page intentionally left blank. OTHER GOVERNMENTAL FUNDS SPECIAL REVENUE FUNDS Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specified purposes, other than debt service or capital projects. The nonmajor special revenue funds of the City are as follows: Police Training Fund — This fund is established to account for fees collected from traffic citations to be used for the training and education of the City's police. Recreation Programs Fund — This fund is used to account for revenues and costs related to special programs such as special events and athletic programs. Golf Course Fund — This fund is used to account for revenues and costs related to the operations of the City's Golf Course. Extra Duty Police Fund — This fund is used to account for revenues to be used to fund extra police duty. Local Option Gas Tax Fund — This fund is established to account for the receipt of local option gas taxes. The use of these funds is restricted for transportation related capital improvements or maintenance costs. CAPITAL PROJECTS FUNDS The Capital Projects Funds are established to account for financial resources to be used for the acquisition and construction of major capital facilities, other than those financed by proprietary funds. The nonmajor capital projects funds of the City are as follows: Recreation Impact Capital Projects Fund — This fund is established to account for the receipt and disbursement of developer paid impact fees restricted for the purpose of improving recreational facilities within the City. Police Impact Capital Projects Fund — This fund is established to account for the receipt and disbursement of developer paid impact fees restricted for the purpose of enhancing the level of law enforcement services in the City. Fire Impact Capital Projects Fund — This fund is established to account for the receipt and disbursement of developer paid impact fees restricted for the purpose of enhancing the level of fire/rescue services in the City. Art Impact Capital Projects Fund — This fund is established to account for the receipt and disbursement of developer paid impact fees restricted for the purpose of providing art and cultural activities. 85 City of Palm Beach Gardens, Florida Combining Balance Sheet Other Governmental Funds September 30, 2013 Assets: Cash and cash equivalents Investments Receivables Due from other governments Inventory Prepaid expenditures Total assets Liabilities and Fund Balances: Liabilities: Accounts payable Contracts and retainage payable Total liabilities Deferred inflows of resources Unavailable revenues Fund balances: Nonspendable: Prepaid expenditures Inventory Restricted for: Capital improvements Road improvements Law enforcement Art improvements Assigned Total fund balances Total liabilities and fund balances Special Revenue Funds Extra Local Police Recreation Duty Option Training Programs Golf Police Gas Tax $ 20,026 $ 575,925 $ 8,804 $ 210,637 $ 824,526 - - 822 - - 306,600 - - 4,293 1,300 59,000 - - 25,677 - - 25,310 - - - 1,590,000 - 56,777 - - $ 20,848 $ 888,118 $ 93,481 $ 235,947 $ 2,471,303 $ 1,145 $ 45,059 $ 20,845 $ 148 $ 486,534 1,145 45,059 20,845 148 486,534 - 102,434 9,141 - - 1,300 - - - 4,293 25,677 - - - - - - 1,984,769 19,703 - - 235,799 - 735,032 37,818 - - 19,703 740,625 63,495 235,799 1,984,769 $ 20,848 $ 888,118 $ 93,481 $ 235,947 $ 2,471,303 :. Total $ 1,639,918 1,955,600 25,310 57,599 29,970 1,300 $ 3.709.697 $ 553,731 553,731 111,575 1,300 29,970 1,984,769 255,502 772,850 3,044,391 $ 3,709,697 Continued on next page. City of Palm Beach Gardens, Florida Combining Balance Sheet Other Governmental Funds (continued) September 30, 2013 Assets: Cash and cash equivalents Investments Receivables Due from other governments Inventory Prepaid expenditures Total assets Liabilities and Fund Balances: Liabilities: Accounts payable Contracts and retainage payable Total liabilities Deferred inflows of resources Unavailable revenues Fund balances: Nonspendable: Prepaid expenditures Inventory Restricted for: Capital improvements Road improvements Law enforcement Art improvements Assigned Total fund balances Total liabilities and fund balances Capital Projects Funds Recreation Police Fire Art Impact Impact Impact Impact $ 1,252,537 $ 410,043 $ 217,340 $ 744,052 1,770,000 97,000 - 78,800 $ 3,022,537 $ 507,043 $ 217,340 $ 822,852 $ 40,175 314,083 $ - $ - $ 1,530 - - - 354,258 - - 1,530 2,668,279 - 507,043 217,340 - - - 821,322 2,668,279 507,043 217,340 821,322 $ 3,022,537 $ 507,043 $ 217,340 $ 822,852 M Total Other Governmental Total Funds $ 2,623,972 $ 4,263,890 1,945,800 3,901,400 - 25,310 - 57,599 - 29,970 - 1,300 $ 4,569,772 $ 8,279,469 $ 41,705 $ 595,436 314,083 314,083 355,788 909,519 - 111,575 1,300 29,970 3,392,662 3,392,662 - 1,984,769 255,502 821,322 821,322 - 772,850 4,213,984 7,258,375 $ 4,569,772 $ 8,279,469 RE City of Palm Beach Gardens, Florida Combining Statement of Revenues, Expenditures and Changes in Fund Balances Other Governmental Funds Year Ended September 30, 2013 Special Revenue Funds Extra Local Police Recreation Duty Option Training Programs Golf Police Gas Tax Revenues: Intergovernmental $ - $ - $ - $ - $ 670,569 Impact fees - - - - - Charges for services - 3,307,273 1,053,323 - - Fines and forfeitures 10,787 - - - - Investment income - 771 211 - 1,458 Miscellaneous - 34,193 92,612 445,018 82,241 Total revenues 10,787 3,342,237 1,146,146 445,018 754,268 Expenditures: Current: Public safety 15,271 - - 374,079 - Culture and recreation - 3,433,040 1,352,306 - - Transportation - - - - 843,522 Capital outlay - - 10,355 - 60,856 Total expenditures 15,271 3,433,040 1,362,661 374,079 904,378 Excess (deficiency) of revenues over (under) expenditures (4,484) (90,803) (216,515) 70,939 (150,110) Other financing sources (uses): Transfers in - 55,063 15,975 - - Total other financing sources (uses) - 55,063 15,975 - - Net change in fund balances (4,484) (35,740) (200,540) 70,939 (150,110) Fund balances, beginning 24,187 776,365 264,035 164,860 2,134,879 Fund balances, ending $ 19,703 $ 740,625 $ 63,495 $ 235,799 $ 1,984,769 ;:1 Total $ 670,569 4,360,596 10,787 2,440 654,064 5,698,456 389,350 4,785,346 843,522 71,211 6,089,429 (390,973) 71,038 71,038 (319,935) 3,364,326 $ 3,044,391 Continued on next page. 91 City of Palm Beach Gardens, Florida Combining Statement of Revenues, Expenditures and Changes in Fund Balances Other Governmental Funds (continued) Year Ended September 30, 2013 Capital Projects Funds Recreation Police Fire Art Impact Impact Impact Impact Revenues: Intergovernmental $ - $ - $ - $ - Impact fees 1,519,079 234,780 182,479 - Charges for services - - - - Fines and forfeitures - - - - Investment income 1,749 314 159 529 Miscellaneous 35,000 - - - Total revenues 1,555,828 235,094 182,638 529 Expenditures: Current: Public safety - 9,391 22,297 - Culture and recreation 60,763 - - 29,583 Transportation - - - - Capital outlay 654,214 102,455 44,020 - Total expenditures 714,977 111,846 66,317 29,583 Excess (deficiency) of revenues over (under) expenditures 840,851 123,248 116,321 (29,054) Other financing sources (uses): Transfers in - - - - Total other financing sources (uses) - - - - Net change in fund balances 840,851 123,248 116,321 (29,054) Fund balances, beginning 1,827,428 383,795 101,019 850,376 Fund balances, ending $ 2,668,279 $ 507,043 $ 217,340 $ 821,322 Other Governmental Total Funds $ - $ 670,569 1,936,338 1,936,338 - 4,360,596 - 10,787 2,751 5,191 35,000 689,064 1,974,089 7,672,545 31,688 421,038 90,346 4,875,692 - 843,522 800,689 871,900 922,723 7,012,152 1,051,366 660,393 - 71,038 - 71,038 1,051,366 731,431 3,162,618 6,526,944 $ 4,213,984 $ 7,258,375 93 City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Police Training — Special Revenue Fund Year Ended September 30, 2013 Revenues: Fines and forfeitures Total revenues Expenditures: Current: Public Safety Total expenditures Net change in fund balances Fund balances, beginning Fund balances, ending Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) $ 12,400 $ 12,400 $ 10,787 $ (1,613) 12,400 12,400 10,787 (1,613) 12,000 12,000 15,271 (3,271) 12,000 12,000 15,271 (3,271) 400 25,340 400 24,186 (4,484) 24,187 (4,884) 1 $ 25,740 $ 24,586 $ 19,703 $ (4,883) City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Recreation Programs — Special Revenue Fund Year Ended September 30, 2013 Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) Revenues: Charges for services $ 3,145,803 $ 3,145,803 $ 3,307,273 $ 161,470 Investment income - - 771 771 Miscellaneous 23,000 23,000 34,193 11,193 Total revenues 3,168,803 3,168,803 3,342,237 173,434 Expenditures: Current: Culture and recreation 3,698,201 3,753,264 3,433,040 320,224 Total expenditures 3,698,201 3,753,264 3,433,040 320,224 Deficiency of revenues under expenditures (529,398) (584,461) (90,803) 493,658 Other financing sources: Transfers in - 55,063 55,063 - Net change in fund balances (529,398) (529,398) (35,740) 493,658 Fund balances, beginning 768,336 776,365 776,365 - Fund balances, ending $ 238,938 $ 246,967 $ 740,625 $ 493,658 95 City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Golf Course — Special Revenue Fund Year Ended September 30, 2013 Revenues: Charges for services Investment income Miscellaneous Total revenues Expenditures: Current: Culture and recreation Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources: Transfers in Net change in fund balances Fund balances, beginning Fund balances, ending Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) $ 1,381,400 $ 1,475,400 $1,053,323 $ (422,077) 100 100 211 111 192,700 98,700 92,612 (6,088) 1,574,200 1,574,200 1,146,146 (428,054) 1,413,351 1,429,326 1,352,306 77,020 20,000 20,000 10,355 9,645 1,433,351 1,449,326 1,362,661 86,665 140,849 124,874 (216,515) (341,389) - 15,975 15,975 - 140,849 140,849 (200,540) (341,389) 315,668 264,036 264,035 (1) $ 456,517 $ 404,885 $ 63,495 $ (341,390) •e City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Local Option Gas Tax — Special Revenue Fund Year Ended September 30, 2013 Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) Revenues: Intergovernmental $ 680,000 $ 680,000 $ 670,569 $ (9,431) Investment income 250 250 1,458 1,208 Miscellaneous 93,750 93,750 82,241 (11,509) Total revenues 774,000 774,000 754,268 (19,732) Expenditures: Current: Transportation 895,538 953,256 843,522 109,734 Capital outlay 310,000 1,581,137 60,856 1,520,281 Total expenditures 1,205,538 2,534,393 904,378 1,630,015 Net change in fund balances (431,538) (1,760,393) (150,110) 1,610,283 Fund balances, beginning 815,600 2,134,879 2,134,879 - Fund balances, ending $ 384,062 $ 374,486 $ 1,984,769 $ 1,610,283 97 City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Recreation Impact — Capital Projects Fund Year Ended September 30, 2013 Revenues: Impact fees Investment income Miscellaneous Total revenues Expenditures: Current: Culture and recreation Capital outlay Total expenditures Net change in fund balances Fund balances, beginning Fund balances, ending Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) $ 544,935 $ 544,935 $ 1,519,079 $ 974,144 300 300 1,749 1,449 - 30,000 35,000 5,000 545,235 575,235 1,555,828 980,593 - - 60,763 (60,763) 1,100,000 1,793,254 654,214 1,139,040 1,100,000 1,793,254 714,977 1,078,277 (554,765) (1,218,019) 840,851 2,058,870 632,428 1,827,429 1,827,428 (1) $ 77,663 $ 609,410 $ 2,668,279 $ 2,058,869 City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Road Impact — Capital Projects Fund Year Ended September 30, 2013 Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) Revenues: Impact fees $ 167,983 $ 167,983 $ 627,407 $ 459,424 Investment income 1,000 1,000 2,177 1,177 Total revenues 168,983 168,983 629,584 460,601 Expenditures: Current: Transportation - 22,490 39,335 (16,845) Capital outlay - 1,046,739 337,536 709,203 Total expenditures - 1,069,229 376,871 692,358 Excess (deficiency) of revenues over (under) expenditures 168,983 (900,246) 252,713 1,152,959 Other financing uses: Transfers out (559,748) (559,748) (559,748) - Net change in fund balances (390,765) (1,459,994) (307,035) 1,152,959 Fund balances, beginning 752,978 1,821,852 1,821,853 1 Fund balances, ending $ 362,213 $ 361,858 $ 1,514,818 $ 1,152,960 City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Police Impact — Capital Projects Fund Year Ended September 30, 2013 Revenues: Impact fees Investment income Total revenues Expenditures: Current: Public safety Capital outlay Total expenditures Net change in fund balances Fund balances, beginning Fund balances, ending Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) $ 74,560 $ 74,560 $ 234,780 $ 160,220 90 90 314 224 74,650 74,650 235,094 160,444 - - 9,391 (9,391) 130,000 325,291 102,455 222,836 130,000 325,291 111,846 213,445 (55,350) (250,641) 123,248 373,889 176,919 383,795 383,795 - $ 121,569 $ 133,154 $ 507,043 $ 373,889 100 City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Fire Impact — Capital Projects Fund Year Ended September 30, 2013 Revenues: Impact fees Investment income Total revenues Expenditures: Current: Public safety Capital outlay Total expenditures Net change in fund balances Fund balances, beginning Fund balances, ending Variance With Final Budget Original Final Positive Budget Budget Actual (Negative) $ 79,230 $ 79,230 $ 182,479 $ 103,249 15 15 159 144 79,245 79,245 182,638 103,393 - - 22,297 (22,297) 51,562 51,562 44,020 7,542 51,562 51,562 66,317 (14,755) 27,683 27,683 116,321 88,638 101,019 101,019 101,019 - $128,702 $128,702 $ 217,340 $ 88,638 101 City of Palm Beach Gardens, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Art Impact — Capital Projects Fund Year Ended September 30, 2013 Revenues: Investment income Total revenues Expenditures: Current: Culture and recreation Total expenditures Net change in fund balances Fund balances, beginning Fund balances, ending Original Budget Final Budget Actual Variance With Final Budget Positive (Negative) $ 150 $ 150 $ 529 $ 379 150 150 529 379 - 118,864 29,583 89,281 - 118,864 29,583 89,281 150 838,400 (118,714) 850,376 (29,054) 850,376 89,660 - $ 838,550 $ 731,662 $ 821,322 $ 89,660 102 City of Palm Beach Gardens, Florida Internal Service Funds Combining Statement of Net Position September 30, 2013 Assets: Current assets: Cash and cash equivalents Investments Accounts receivable Inventory Prepaid expenses Total current assets Noncurrent assets: Capital assets being depreciated, net Total noncurrent assets Total assets Liabilities: Current liabilities: Accounts payable Claims payable Total current liabilities Noncurrent liabilities: Claims payable Compensated absences payable Total noncurrent liabilities Total liabilities Net Position: Net investment in capital assets Unrestricted Total net position Fleet Self Management Insurance Total $ 196,521 $ 3,929,002 $ 4,125,523 96,700 1,074,900 1,171,600 4,075 - 4,075 72,897 - 72,897 - 24,000 24,000 370,193 5,027,902 5,398,095 1,185,459 39,272 1,224,731 1,185,459 39,272 1,224,731 $ 1,555,652 $ 5,067,174 $ 6,622,826 $ 89,120 $ 45,030 $ 134,150 - 840,401 840,401 89,120 885,431 974,551 - 35,055 259,532 - 259,532 35,055 35,055 259,532 294,587 $ 124,175 $ 1,144,963 $ 1,269,138 $ 1,185,459 246,018 $ 39,272 3,882,939 $ 1,224,731 4,128,957 $ 1,431,477 $ 3,922,211 $ 5,353,688 103 City of Palm Beach Gardens, Florida Internal Service Funds Combining Statement of Revenues, Expenses and Changes in Net Position Year Ended September 30, 2013 Fleet Self Management Insurance Total Operating revenues: Charges for service $ 2,238,013 $ - $ 2,238,013 Employer contributions - 6,629,598 6,629,598 Employee contributions - 779,700 779,700 Miscellaneous 109,500 135,603 245,103 Total operating revenues 2,347,513 7,544,901 9,892,414 Operating expenses: Personnel expenses 840,042 - 840,042 Claims expense - 5,077,268 5,077,268 Insurance premiums - 432,718 432,718 Repair and maintenance 348,910 - 348,910 Fuel and chemicals 687,478 - 687,478 Operating supplies 141,554 36,962 178,516 Other professional and contractual 18,313 716,855 735,168 Other expenses 19,176 - 19,176 Depreciation 470,599 3,121 473,720 Total operating expenses 2,526,072 6,266,924 8,792,996 Operating income (loss) (178,559) 1,277,977 1,099,418 Nonoperating revenues: Investment income 162 2,732 2,894 Gain on disposal of capital assets 91,679 - 91,679 Total nonoperating revenues 91,841 2,732 94,573 Income (loss) before transfers (86,718) 1,280,709 1,193,991 Transfers in 16,708 - 16,708 Change in net position (70,010) 1,280,709 1,210,699 Net position, beginning 1,501,487 2,641,502 4,142,989 Net position, ending $ 1,431,477 $ 3,922,211 $ 5,353,688 104 City of Palm Beach Gardens, Florida Internal Service Funds Combining Statement of Cash Flows Year Ended September 30, 2013 Cash flows from operating activities: Receipts for interfund services provided Payments to suppliers for goods and services Payments to employees for services Payments for claims Other operating revenues Net cash provided by operating activities Cash flows from noncapital financing activities: Transfers from other funds Net cash provided by noncapital financing activities Cash flows from capital and related financing activities: Purchases of capital assets Proceeds from sale of capital assets Net cash used in capital and related financing activities Cash flows from investing activities: Purchases of investments Interest earned Net cash provided by investing activities Net increase in cash and cash equivalents Cash and cash equivalents, beginning of year Cash and cash equivalents, end of year Fleet Self Management Insurance Total $ 2,233,938 $ 7,409,298 $ 9,643,236 (1,196,659) (1,243,076) (2,439,735) (834,942) - (834,942) - (5,061,269) (5,061,269) 109,500 135,603 245,103 311,837 1,240,556 1,552,393 16,708 - 16,708 16,708 - 16,708 (404,469) - (404,469) 91,679 - 91,679 (312,790) - (312,790) 153,300 325,100 478,400 162 2,732 2,894 153,462 327,832 481,294 169,217 1,568,388 1,737,605 27,305 2,360,613 2,387,918 $ 196,522 $ 3,929,001 $ 4,125,523 Continued on next page 105 City of Palm Beach Gardens, Florida Internal Service Funds Combining Statement of Cash Flows (Continued) Year Ended September 30, 2013 Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation Changes in operating assets and liabilities: Accounts receivable Inventory Prepaid expenses Accounts payable Claims payable Compensated absences Total adjustments Net cash provided by operating activities Fleet Self Management Insurance Total $ (178,559) $ 1,277,977 $ 1,099,418 470,599 3,121 473,720 (4,075) - (4,075) 9,400 - 9,400 9,372 (56,541) (47,169) - 15,999 15,999 5,100 - 5,100 490,396 (37,421) 452,975 $ 311,837 $ 1,240,556 $ 1,552,393 106 City of Palm Beach Gardens, Florida Combining Statement of Fiduciary Net Position Fiduciary Funds September 30, 2013 Pension Trust Funds General Employees Police Fire Total Assets: Cash and cash equivalents $ 28,293 $ 2,745,686 $ 2,176,592 $ 4,950,571 Investments, at fair values: U.S. Government obligations - 2,867,995 1,739,452 4,607,447 Mortgage backed securities - 1,348,340 4,412,075 5,760,415 Fixed income funds 844,420 - - 844,420 Collateralized mortgage obligations - - 363,569 363,569 Corporate obligations - 11,157,646 5,504,777 16,662,423 Equity securities - 7,330,517 19,329,922 26,660,439 Equity funds 1,303,628 30,668,482 10,909,465 42,881,575 Foreign bonds - - 33,921 33,921 International funds - 5,016,371 6,958,277 11,974,648 International bond funds - 1,502,285 2,903,577 4,405,862 Real estate funds - 1,696,507 4,109,274 5,805,781 Total investments 2,148,048 61,588,143 56,264,309 120,000,500 Receivables: Interest and dividends - 98,301 104,266 202,567 Pending trades - 20,869 395,209 416,078 Employer 27,584 - 836,911 864,495 State of Florida - - 750,073 750,073 Employees 346 30,655 11,711 42,712 Accounts receivable - other - 1,200 - 1,200 Total receivables 27,930 151,025 2,098,170 2,277,125 Prepaid expenses - 140,939 - 140,939 Total assets $ 2,204,271 $ 64,625,793 $ 60,539,071 $127,369,135 Liabilities: Accounts payable and accrued expenses $ 1,088 $ 50,340 $ 58,578 $ 110,006 Pending trades payable - - 474,492 474,492 Due to DROP account - - 898,784 898,784 Total liabilities $ 1,088 $ 50,340 $ 1,431,854 $ 1,483,282 Net position: Net position held in trust for pension benefits $ 2,203,183 $ 64,575,453 $ 59,107,217 $125,885,853 107 City of Palm Beach Gardens, Florida Combining Statement of Changes in Fiduciary Net Position Fiduciary Funds Year Ended September 30, 2013 Pension Trust Funds General Employees Police Fire Total Additions: Contributions: Employer $ 120,572 $ 2,700,762 $ 3,347,645 $ 6,168,979 Insurance premium taxes collected by the State of Florida on behalf of the City of Palm Beach Gardens - 475,215 750,073 1,225,288 Employees 9,780 432,301 498,679 940,760 Total contributions 130,352 3,608,278 4,596,397 8,335,027 Investment earnings (loss): Net appreciation in fair value of investments 240,658 7,347,888 5,136,436 12,724,982 Interest and dividends - 752,092 1,543,827 2,295,919 Other - - 4,636 4,636 Total investment earnings 240,658 8,099,980 6,684,899 15,025,537 Less investment expenses (4,248) (174,307) (292,514) (471,069) Net investment earnings 236,410 7,925,673 6,392,385 14,554,468 Total additions 366,762 11,533,951 10,988,782 22,889,495 Deductions: Pension benefits 254,313 2,068,119 799,045 3,121,477 DROP expenses - - 768,091 768,091 Refund of participant contributions - 32,872 - 32,872 Administrative expenses 5,965 118,659 100,306 224,930 Total deductions 260,278 2,219,650 1,667,442 4,147,370 Change in net position 106,484 9,314,301 9,321,340 18,742,125 Net position, beginning 2,096,699 55,261,152 49,785,877 107,143,728 Net position, ending $ 2,203,183 $ 64,575,453 $ 59,107,217 $ 125,885,853 108 STATISTICAL SECTION This page intentionally left blank. STATISTICAL SECTION This part of the City of Palm Beach Garden's comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says Contents Paqe Financial Trends These schedules contain trend information to help the reader understand how the City's financial performance and well-being have changed over time. These schedules include: Net Position by Component 112 Changes in Net Position 114 Fund Balances of Governmental Funds 118 Changes in Fund Balances of Governmental Funds 120 Revenue Capacity These schedules contain information to help the reader assess the City's most significant local revenue source, the property tax. Net Assessed Value and Estimated Actual Value of Taxable Property 122 Property Tax Rates - Direct and Overlapping Governments 124 Principal Property Taxpayers 126 Property Tax Levies and Collections 127 Debt Capacity These schedules present information to help the reader assess the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future. Ratios of Outstanding Debt by Type 128 Ratios of General Bonded Debt Outstanding 130 Direct and Overlapping Governmental Activities Debt 131 Pledged Revenue Coverage 132 Demographic and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the City's financial activities take place. Demographic and Economic Statistics 134 Principal Employers 135 Operating Information These schedules contain service and infrastructure data to help the reader understand how the information in the City's financial report relates to the services the City provides and the activities it performs. Full -Time Equivalent City Government Employees by Function 136 Operating Indicators by Function/Program 138 Capital Asset Statistics by Function/Program 140 Sources: Unless otherwise noted, the information in these schedules is derived from the comprehensive annual financial reports for the relevant year. City of Palm Beach Gardens, Florida Net Position by Component Last Ten Fiscal Years (Accrual Basis of Accounting) Governmental activities: Net Investment in capital assets Restricted Unrestricted Total governmental activities net position Business -type activities: Net Investment in capital assets Restricted Unrestricted Total business -type activities net position Primary government: Net Investment in capital assets Restricted Unrestricted Total primary government net position Fiscal Year 2004 2005 2006 2007 $ 47,266,504 15,671,654 14,361,514 $ 52,524,730 18,706,997 11,839,633 $ 55,645,259 14,898,785 19,024,256 $ 62,235,884 14,083,021 20,235,445 77,299,672 83,071,360 89,568,300 96,554,350 (1,391,784) 221,741 (1,377,423) 220,103 - - - - (1,170,043) (1,157,320) - - 45,874,720 51,147,307 55,645,259 62,235,884 15,671,654 18,706,997 14,898,785 14,083,021 14,583,255 12,059,736 19,024,256 20,235,445 $ 76,129,629 $ 81,914,040 $ 89,568,300 $ 96,554,350 112 Table 1 Fiscal Year 2008 2009 2010 2011 2012 2013 $ 63,743,178 12,679,885 25,149,412 $ 67,009,120 13,449,860 25,731,157 $ 67,825,780 12,950,242 26,836,009 $ 70,503,248 9,383,210 26,203,130 $ 69,245,447 7,934,680 28,494,191 $ 70,034,049 11,487,326 28,797,278 101,572,475 106,190,137 107,612,031 106,089,588 105,674,318 110,318,653 63,743,178 12,679,885 25,149,412 67,009,120 13,449,860 25,731,157 67,825,780 12,950,242 26,836,009 70,503,248 9,383,210 26,203,130 69,245,447 7,934,680 28,494,191 70,034,049 11,487,326 28,797,278 $ 101,572,475 $ 106,190,137 $ 107,612,031 $ 106,089,588 $ 105,674,318 $ 110,318,653 113 City of Palm Beach Gardens, Florida Changes in Net Position Last Ten Fiscal Years (Accrual Basis of Accounting) Expenses: Governmental activities: General Government Public Safety Culture/Recreation Physical Environment Transportation Interest on long-term debt Other debt service costs Total governmental activities expenses Business -type activities: Golf Course Total business -type activities expenses Total primary government expenses Program revenues: Governmental activities: Charges for services: General Government Public Safety Culture/Recreation Transportation Operating grants and contributions Capital grants and contributions Total governmental activities program revenues Business -type activities: Charges for services: Golf Course Total business -type activities program revenues Total primary government program revenues Fiscal Year 2004 2005 2006 $ 13,899,785 $ 13,548,562 $ 11,413,853 26,944,280 30,419,891 33,064,986 5,927,344 7,139,745 10,071,747 4,639,930 4,568,664 9,036,996 2,962,465 2,758,280 2,121,258 1,095,103 1,254,477 1,834,969 55,468,907 59,689,619 67,543,809 1,677,140 1,896,021 - 1,677,140 1,896,021 - $ 57,146,047 $ 61,585,640 $ 67,543,809 $ 6,048,502 $ 5,599,809 $ 6,690,824 1,995,627 2,039,879 2,344,719 1,265,684 1,902,858 4,284,306 - - 2,400,886 1,762,120 114,005 348,059 3,758,850 2,168,711 4,011,982 14,830,783 11,825,262 20,080,776 1,246,536 1,377,545 - 1,246,536 1,377,545 - $ 16,077,319 $ 13,202,807 $ 20,080,776 114 Table 2 Fiscal Year 2007 2008 2009 2010 2011 2012 2013 $ 15,695,350 37,209,988 10,178,475 7,059,139 2,262,265 1,557,260 - $ 14,954,447 39,223,990 8,784,481 6,067,686 3,860,350 1,662,578 - $ 15,136,680 41,112,818 9,151,914 5,771,316 3,954,595 1,492,723 - $ 14,021,839 43,008,415 10,140,073 3,962,941 2,613,051 1,396,709 - $ 13,637,124 43,117,470 7,586,300 6,688,611 2,558,809 1,148,800 - $ 13,772,084 43,586,151 7,470,717 6,876,606 1,927,567 945,926 91,923 $14,577,754 41,943,456 7,435,778 7,031,948 2,214,405 935,201 36,500 73,962,477 74,553,532 76,620,046 75,143,028 74,737,114 74,670,974 74,175,042 $ 73,962,477 $ 74,553,532 $ 76,620,046 $ 75,143,028 $ 74,737,114 $ 74,670,974 $ 74,175,042 $ 3,751,106 2,816,679 4,756,464 924,325 223,287 1,219,771 $ 8,518,696 2,438,907 4,650,101 580,406 1,483,394 557,820 $ 8,594,096 2,423,564 4,168,677 237,674 1,296,236 3,551,406 $ 8,409,479 2,587,741 4,459,166 446,235 2,576,479 744,438 $ 8,006,806 3,267,903 4,717,578 120,663 1,458,831 579,543 $ 8,749,869 4,321,215 5,030,609 109,553 1,650,949 167,897 $ 9,710,901 4,883,193 5,879,675 627,407 1,470,016 123,665 13,691,632 18,229,324 20,271,653 19,223,538 18,151,324 20,030,092 22,694,857 $13,691,632 $ 18,229,324 $ 20,271,653 $ 19,223,538 $ 18,151,324 $ 20,030,092 $ 22,694,857 Continued on next page. 115 City of Palm Beach Gardens, Florida Changes in Net Position (continued) Last Ten Fiscal Years (Accrual Basis of Accounting) Fiscal Year 2004 2005 2006 2007 Net (expense) revenue: Governmental activities $ (40,638,124) $ (47,864,357) $ (47,463,033) $ (60,270,845) Business -type activities (430,604) (518,476) - - Total primary government net expense $ (41,068,728) $ (48,382,833) $ (47,463,033) $ (60,270,845) General revenues and other changes in net position: Governmental activities: Taxes: Property taxes $ 30,581,316 $ 35,118,504 $ 40,923,938 $ 50,541,564 Local business tax - - - - Franchise taxes 3,370,103 3,832,276 4,964,878 5,380,778 Public service taxes 675,624 721,730 796,705 860,052 Unrestricted intergovernmental: Sales tax and local option gas tax 3,378,464 3,597,796 4,062,558 4,060,521 State shared revenue 850,494 1,115,490 1,252,205 1,265,548 Impact fees 6,260,509 6,812,932 - - Unrestricted investment earnings 554,197 1,129,469 2,548,250 3,159,845 Gain/(loss) on disposal of capital assets - - - 55,284 Miscellaneous 1,573,389 1,803,848 1,374,851 1,601,212 Transfers (422,889) (496,000) (1,157,320) - Cumulative effect of change in - - (806,092) - accounting principle Special item - change in retirement - - - 332,091 plans Total governmental activities $ 46,821,207 $ 53,636,045 $ 53,959,973 $ 67,256,895 Business -type activities: Investment earnings $ 15,904 $ 11,199 $ - $ - Miscellaneous 25,616 24,000 - - Transfers 422,889 496,000 1,157,320 - Total business -type activities 464,409 531,199 1,157,320 - Total primary government $ 47,285,616 $ 54,167,244 $ 55,117,293 $ 67,256,895 Change in net position: Governmental activities $ 6,183,083 $ 5,771,688 $ 6,496,940 $ 6,986,050 Business -type activities 33,805 12,723 1,157,320 - Total primary government $ 6,216,888 $ 5,784,411 $ 7,654,260 $ 6,986,050 116 Fiscal Year 2008 2009 2010 2011 2012 2013 $ (56,324,208) $ (56,348,393) $ (55,919,490) $ (56,585,790) $ (54,640,882) $ (51,480,185) $ (56,324,208) $ (56,348,393) $ (55,919,490) $ (56,585,790) $ (54,640,882) $ (51,480,185) $ 50,362,460 1,531,977 956,919 4,039,597 1,193,969 - 1,741,515 242,496 1,273,400 $ 50,314,207 1,540,700 1,278,766 3,726,391 1,076,977 - 1,415,326 17,141 1,596,547 $ 46,762,961 1,464,400 1,087,582 3,754,372 1,802,019 121,564 764,799 43,748 1,539,939 $ 45,755,279 1,421,834 1,005,079 3,864,850 1,195,559 188,040 348,553 32,867 1,251,286 $ 44,232,540 1,370,720 1,829,028 3,850,419 1,236,054 119,452 299,589 (7,165) 1,294,975 $ 44,946,393 1,424,382 2,220,036 4,013,779 1,304,870 74,589 165,741 290,676 1,837,258 $ 61,342,333 $ 60,966,055 $ 57,341,384 $ 55,063,347 $ 54,225,612 $ 56,277,724 $ 61,342,333 $ 60,966,055 $ 57,341,384 $ 55,063,347 $ 54,225,612 $ 56,277,724 $ 5,018,125 $ 4,617,662 $ 1,421,894 $ (1,522,443) $ (415,270) $ 4,797,539 $ 5,018,125 $ 4,617,662 $ 1,421,894 $ (1,522,443) $ (415,270) $ 4,797,539 117 City of Palm Beach Gardens, Florida Fund Balances of Governmental Funds Last Three Fiscal Years (Modified Accrual Basis of Accounting) General fund: Nonspendable Restricted Committed Assigned Unassigned Total general fund All other governmental funds: Nonspendable Restricted Committed Assigned Total all other governmental funds Total governmental funds Fiscal Year 2011 2012 $ 47,033 $ 114,228 3,050,763 626,283 1,253,889 1,253,889 2,836,036 786,693 20,964,535 26,058,560 28,152,256 28,839,653 25,662 36,357 7,650,881 7,308,397 1,034,597 1,004,043 8,711,140 8,348,797 $ 36,863,396 $ 37,188,450 Note: Data not available prior to fiscal year 2011 implementation of Governmental Accounting Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definition. 118 Table 3 2013 $ 77,819 3,518,253 2,632,575 1,411,359 27,109,724 34,749,730 31,270 7,969,073 772,850 8,773,193 $43,522,923 119 City of Palm Beach Gardens, Florida Changes in Fund Balances of Governmental Funds Last Ten Fiscal Years (Modified Accrual Basis of Accounting) Fiscal Year Revenues: Ad valorem taxes Local business tax Utility taxes Franchise fees Licenses and permits Intergovernmental Impact fees Charges for services Fines and forfeitures Investment income Miscellaneous Total revenues Expenditures: Current: General Government Public Safety Culture and Recreation Physical Environment Transportation Capital outlay Debt service: Principal Interest Bond issuance costs Other debt service costs Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Capital leases Sale of capital assets Bonds and notes issued Refunding bonds issued Premium on bond issuance Refunded bonds redeemed Payment to refunded bond escrow agent Total other financing sources (uses) Special items: Proceeds from defined contribution plan Payment to defined benefit plan Total special items Net change in fund balances Debt service as a percentage of noncapital expenditures 2004 2005 2006 $ 30,581,316 $ 35,118,504 $ 40,923,938 675,624 721,730 796,705 3,370,103 3,832,276 4,964,878 5,654,010 5,599,810 3,988,155 6,979,749 6,996,002 9,597,521 6,260,509 6,812,932 4,508,074 3,063,717 3,942,738 3,998,671 535,148 312,599 2,079,227 550,916 1,125,900 2,548,247 4,313,325 1,544,895 2,653,313 61,984,417 66,007,386 76,058,729 12, 910, 353 12, 703, 284 10, 343, 003 25,566,510 29,250,972 32,321,657 5,593,314 6,764,046 9,125,769 4,310,982 4,434,178 6,294,347 1,634,307 1,233,738 762,383 5,844,148 7,542,442 13,831,316 1,993,273 1,926,679 2,364,709 1,328,080 1,234,078 1,478,670 329,811 30,475 39,500 - 123,775 - 59,510,778 65,243,667 76,561,354 2,473,639 763,719 (502,625) 1,021,177 1,584,962 1,488,139 (1,391,304) (2,028,200) (1,333,704) 5,359,401 - 3,755,200 15,515,000 6,901,176 - 424,476 - - (16,629,633) (6,870,701) - 4,299,117 (412,763) 3,909,635 $ 6,772,756 $ 350,956 $ 3,407,010 6.80% 5.75% 6.19% 120 Table 4 Fiscal Year 2007 2008 2009 2010 2011 2012 2013 $ 50,541,564 $ 50,362,460 $ 50,314,207 $ 46,762,961 $ 45,755,279 $ 44,232,540 $ 44,946,393 - - 1,540,700 1,464,400 1,421,834 1,370,720 1,424,382 860,052 956,919 1,278,766 1,087,582 1,005,079 1,829,028 2,220,036 5,380,778 5,516,091 5,702,964 5,040,183 4,946,864 5,327,897 5,101,610 3,718,105 4,364,095 2,020,336 2,363,552 2,066,521 2,414,586 3,537,512 6,757,761 6,906,638 6,454,771 8,693,914 7,250,927 6,894,564 7,159,350 2,270,519 1,467,356 567,498 1,024,537 535,700 754,853 2,563,745 5,502,144 5,641,891 5,865,175 6,263,022 7,306,291 8,427,574 8,356,187 524,216 320,944 436,227 301,780 184,221 163,076 308,095 3,159,847 1,740,605 1,414,745 763,632 348,002 299,204 162,847 1,858,214 2,028,842 2,070,220 1,738,946 1,537,789 1,621,486 1,874,051 80,573,200 79,305,841 77,665,609 75,504,509 72,358,507 73,335,528 77,654,208 15,293,318 14,613,265 14,592,013 13,579,416 12,820,887 13,101,603 13,891,617 35,103,794 37,695,130 39,078,675 41,375,382 40,678,920 41,616,208 39,690,034 8,775,280 7,354,317 7,363,738 8,360,697 5,688,357 5,505,915 5,461,517 6,892,190 5,848,500 5,375,753 3,602,222 6,081,652 6,151,650 6,496,310 890,103 818,837 809,220 685,673 827,068 591,089 882,857 9,026,003 6,305,054 5,239,712 3,940,814 5,974,920 2,081,097 6,045,352 2,787,745 2,848,158 2,929,195 2,948,742 3,113,455 3,328,573 3,623,063 1,573,958 1,488,484 1,398,206 1,304,010 1,066,464 850,124 713,851 - - - - 28,000 117,944 36,500 - - - - - 91,923 - 80,342,391 76,971,745 76,786,512 75,796,956 76,279,723 73,436,126 76,841,101 230,809 2,334,096 879,097 (292,447) (3,921,216) (100,598) 813,107 1,845,332 1,373,777 4,291,078 1,454,187 2,338,257 803,596 630,786 (1,787,528) (1,321,015) (4,238,316) (1,454,187) (2,338,257) (743,460) (647,494) - 712,418 - - - 136,451 1,208,074 - 206,000 7,278 - - - 30,000 - - - - - - 4,300,000 - - - - 4,440,997 16,190,000 - - - - - - 101,429 - - - - - (4,412,997) - - - - - - - (16,062,364) - 57,804 971,180 60,040 - 28,000 425,652 5,521,366 3,642,218 - - - - - - (3,310,127) - - - - - - 332,091 - - - - - - $ 620,704 $ 3,305,276 $ 939,137 $ (292,447) $ (3,893,216) $ 325,054 $ 6,334,473 6.08% 6.10% 5.88% 5.87% 5.96% 5.84% 6.09% 121 City of Palm Beach Gardens, Florida Net Assessed Value and Estimated Actual Value of Taxable Property Last Ten Fiscal Years Real Property Year Ended Residential Commercial Industrial Other September 30, Property Property Property Property Total 2004 $ - $ - $ - $ - $ 4,924,323,436 2005 4,560,597,118 1,068,583,139 31,022,658 58,639,528 5,718,842,443 2006 5,556,032,957 1,150,418,815 51,770,706 57,740,577 6,815,963,055 2007 7,175,984,136 1,584,435,691 67,918,360 67,073,542 8,895,411,729 2008 7,633,899,238 1,760,317,064 76,620,371 65,923,845 9,536,760,518 2009 7,229,265,998 1,871,391,912 81,429,357 57,716,346 9,239,803,613 2010 6,420,991,961 1,669,597,264 187,362,285 54,338,191 8,332,289,701 2011 5,848,513,461 1,449,291,192 159,894,950 46,154,142 7,503,853,745 2012 5,845,989,740 1,356,197,434 158,956,614 46,668,841 7,407,812,629 2013 5,971,391,486 1,362,505,644 137,804,685 54,067,590 7,525,769,405 Note: Assessed values are established by the Palm Beach County Property Appraiser's Office as of January 1, each year. Assessments were increased to 100% of market value as of 1980. Property in the City is reassessed each year. Property is assessed at actual value; therefore, the assessed values are equal to actual value. Tax rates are per $1,000 of assessed value. The City does not have information on the assessed value per category prior to September 30, 2005, therefore, only total taxable property assessed value is presented. Source: Palm Beach County Property Appraiser's Office N/A - Information not available 122 Table 5 Taxable Assessed Total Total Estimated Value as a Taxable Direct Actual Percentage of Personal Centrally Assessed Tax Taxable Actual Taxable Property Assessed Value Rate Value Value $ 322,568,279 $ 1,071,152 $ 5,247,962,867 6.0400 $ N/A N/A 326,789,276 1,116,960 6,046,748,679 6.0260 N/A N/A 353,028,500 1,118,109 7,170,109,664 5.9280 N/A N/A 407,846,639 1,263,926 9,304,522,294 5.6550 11,805,444,204 78.82% 431,242,245 1,287,840 9,969,290,603 5.2540 12,266,508,331 81.27% 445,097,893 2,302,570 9,687,204,076 5.3990 11,905,455,511 81.37% 435,423,487 1,525,288 8,769,238,476 5.5390 10,584,957,812 82.85% 419,393,252 1,530,479 7,924,777,476 5.9258 9,478,563,840 83.61 % 355,387,197 1,580,454 7,764,780,280 5.9225 9,524,962,077 81.52% 357,685,952 1,261,843 7,884,717,200 5.9194 9,634,287,354 81.84% 123 City of Palm Beach Gardens, Florida Property Tax Rates - Direct and Overlapping Governments Last Ten Fiscal Years City of Palm Beach Gardens Debt Total Palm Beach Palm Fiscal Operating Service City County School Beach Year Millaae Millaae Millaae District Countv 2004 5.7450 0.2950 6.0400 8.5710 4.7910 2005 5.7680 0.2580 6.0260 8.4320 4.7677 2006 5.7080 0.2200 5.9280 8.1060 4.7192 2007 5.4950 0.1600 5.6550 7.8720 4.4775 2008 5.1050 0.1490 5.2540 7.3560 3.9813 2009 5.2500 0.1490 5.3990 7.2510 3.9656 2010 5.3900 0.1490 5.5390 7.9830 4.5614 2011 5.7404 0.1854 5.9258 8.1540 4.9960 2012 5.7404 0.1821 5.9225 8.1800 4.9925 2013 5.7404 0.1790 5.9194 7.7780 4.9902 Note: All millage rates are based on $1 for every $1,000 of assessed value. Source: City of Palm Beach Gardens Finance Department and Palm Beach County Property Appraiser's Office (1) Overlapping rates are those of local and county governments that apply to property owners within the City of Palm Beach Gardens. Not all overlapping rates apply to all City of Palm Beach Gardens property owners (i.e. the rates for special districts apply only to the proportion of the government's property owners whose property is located within the geographic boundaries of the special district). 124 Table 6 Overlapping Rates (1) Palm Beach Palm Beach South Florida Children's Florida Inland Total Direct and County Health County Library Water Management Services Navigation Overlapping Care District Svstem District Council District Rates 1.1300 0.5833 0.6970 0.6902 0.0385 22.5410 1.1000 0.5807 0.6970 0.6902 0.0385 22.3321 1.0800 0.6250 0.6970 0.6887 0.0385 21.8824 0.9700 0.5989 0.6970 0.6199 0.0385 20.9288 0.8900 0.5441 0.6240 0.5823 0.0345 19.2662 0.9975 0.5427 0.6240 0.6009 0.0345 19.4152 1.1451 0.5518 0.6240 0.6898 0.0345 21.1286 1.1451 0.5491 0.6240 0.7513 0.0345 22.1798 1.1250 0.6081 0.4363 0.7475 0.0345 22.0464 1.1220 0.6066 0.4289 0.7300 0.0345 21.6096 125 City of Palm Beach Gardens, Florida Principal Property Taxpayers September 30, 2013 Table 7 Percent of Taxable Total Taxable Assessed Assessed Taxpayer Value Rank Value (') Landry, Lawrence L. $ 205,000,000 1 2.60% Florida Power & Light 79,926,052 2 1.01% GILL US Retail LP 75,000,034 3 0.95% Realty Associates Fund IX LP 60,963,354 4 0.77% Northlake Blvd LLC 43,721,685 6 0.55% Devonshire at PGA National LLC 40,702,679 7 0.52% 3801 PGA Acquisition Co 37,454,901 5 0.48% Old Palm Holdings LP 33,273,000 8 0.42% Downtown at the Gardens LLC 30,000,000 9 0.38% Mirasol Club Inc. 15,852,845 10 0.20% $ 621,894,550 7.88% Note: Information is not available prior to 2006. Therefore, the 10 year comparison is not included. Source: Tax roll provided by Palm Beach County Property Appraisers Office. (1) See the Schedule of Net Assessed Value on page 122 for Estimated Actual Value of Taxable Property. 126 City of Palm Beach Gardens, Florida Property Tax Levies and Collections Last Ten Fiscal Years September 30, 2013 Year Total Tax Ended Levy for September 30, Fiscal Year Collected within the Fiscal Year of the Levy Collections in Percent Subsequent Amount of Levy Years Table 8 Total Collections to Date Percentage Amount of Levy 2004 $ 31,697,696 $ 30,542,942 96.36% $ 59,393 $ 30,602,335 96.54% 2005 36,437,708 35,080,464 96.28% 23,068 35,103,532 96.34% 2006 42,572,206 40,896,417 96.06% 12,127 40,908,544 96.09% 2007 52,521,899 50,475,571 96.10% 139,886 50,615,457 96.37% 2008 52,378,653 50,382,769 96.19% 629,858 51,012,627 97.39% 2009 52,198,753 49,743,531 95.30% 265,618 50,009,149 95.81% 2010 48,572,811 46,500,965 95.73% 553,665 47,054,630 96.87% 2011 46,934,495 45,094,498 96.08% 12,386 45,106,884 96.11% 2012 45,986,911 44,142,070 95.99% 57,433 44,199,503 96.11% 2012 46,672,795 44,866,669 96.13% - 44,866,669 96.13% Source: City of Palm Beach Gardens Finance Department and Palm Beach County Tax Collector's Office 127 City of Palm Beach Gardens, Florida Ratios of Outstanding Debt by Type Last Ten Fiscal Years Governmental Activities Year General Ended Revenue Obligation Capital September 30, Bonds Bonds Leases Notes Loans 2004 $ 18,666,151 $ 14,421,071 $ 1,173,370 $ 364,401 $ - 2005 17,271,233 13,970,914 850,515 291,521 - 2006 25,150,643 13,342,497 515,637 218,641 - 2007 23,471,241 12,451,896 388,260 145,761 - 2008 21,784,903 11,527,046 996,465 72,881 - 2009 20,056,285 10,567,106 922,247 - - 2010 18,279,922 9,566,340 844,172 - - 2011 16,366,001 8,579,140 762,039 - - 2012 14,445,715 7,489,697 801,213 - - 2013 16,697,603 6,365,138 1,608,643 - - Note: Details regarding the City's outstanding debt can be found in the notes to the financial statements. (1) See the Schedule of Demographic and Economic Statistics on page 134 for population data. 128 Table 9 Business -Type Activities Total Percentage Revenue Capital Primary of Personal Per Bonds Leases Loans Government Income (') Capita (') $ 6,410,000 $ 66,008 $ - $ 41,101,001 0.0743% $ 970 6,090,000 33,116 - 38,507,299 0.0604% 845 - - - 39,227,418 0.0552% 814 - - - 36,457,158 0.0489% 738 - - - 34,381,295 0.0464% 684 - - - 31,545,638 0.0429% 632 - - - 28,690,434 0.0413% 573 - - - 25,707,180 0.0360% 531 - - - 22,736,625 N/A 469 - - - 24,671,384 N/A 499 129 City of Palm Beach Gardens, Florida Ratios of General Bonded Debt Outstanding Last Ten Fiscal Years Table 10 Year General Percentage of Ended Obligation Estimated Actual Per September 30, Bonds Taxable Value Capita 2004 $ 14,421,071 0.27% $ 340 2005 13,970,914 0.23% 306 2006 13,342,497 0.19% 277 2007 12,451,896 0.13% 252 2008 11,527,046 0.12% 229 2009 10,567,106 0.11 % 212 2010 9,566,340 0.11 % 191 2011 8,579,140 0.11 % 177 2012 7,489,697 0.10% 155 2013 6,365,138 0.08% 129 Note: Details regarding the City's outstanding debt can be found in the notes to the financial statement. (1) See the Schedule of Net Assessed Value on page 122 for Estimated Actual Value of Taxable Property. (2) See the Schedule of Demographic and Economic Statistics on page 134 for population data. 130 City of Palm Beach Gardens, Florida Direct and Overlapping Governmental Activities Debt As of September 30, 2013 Government Unit Debt repaid with property taxes: Palm Beach County Palm Beach County School Board Other debt: Palm Beach County Palm Beach County School Board Subtotal, Overlapping Debt City of Palm Beach Gardens Direct Debt Total Direct and Overlapping Debt Net Debt Outstanding Percentage Applicable to the City of Palm Beach Gardens (') Table 11 Amount Applicable to the City of Palm Beach Gardens $ 187,210,000 5.22% $ 9,772,362 - 5.21 % - 745,634,291 5.22% 38,922,110 1,797,703,000 5.21% 93,660,326 142, 354, 798 24, 671, 384 $ 167,026,182 Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the City. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and business. Source: Data provided by the Palm Beach County Finance Department and the Palm Beach County School Board. (1) The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of the County's and School Board's taxable assessed value that is within the City's boundaries. 131 City of Palm Beach Gardens, Florida Pledged Revenue Coverage Last Eight Fiscal Years 2011 Public Improvement and Refunding Bonds Year Local Licenses Ended Business Franchise Utility and Inter - September 30, Tax Fees Taxes Permits governmental 2006 $ - $ 4,964,878 $ 796,705 $ 3,988,155 $ 8,597,198 2007 - 5,380,778 860,052 3,718,105 6,757,761 2008 - 5,516,091 956,919 4,364,095 6,906,638 2009 1,540,700 5,702,964 1,278,766 2,020,336 6,454,771 2010 1,464,400 5,040,183 1,087,582 2,363,552 8,693,914 2011 1,421,834 4,946,864 1,005,079 2,066,521 7,250,927 2012 1,370,720 5,327,897 1,829,028 2,414,586 6,894,564 2013 1,424,382 5,101,610 2,220,036 3,537,512 7,159,350 Non Ad Valorem Revenue Available Debt Service for Debt Coverage Principal Interest Coverage 2006 $ 24,759,337 $ 2,020,874 $ 916,835 8.43 2007 27,761,117 1,973,197 1,042,338 9.21 2008 27,476,025 1,923,309 992,714 9.42 2009 26,783,904 1,969,256 943,136 9.20 2010 27,717,011 1,947,976 887,781 9.77 2011 26,067,528 2,005,259 828,446 9.20 2012 28,348,135 2,005,259 828,446 10.00 2013 30,144,070 2,498,505 492,496 10.08 Note: The City's 2011 Public Improvement Revenue Bonds are obligations of the City payable solely from and secured solely by non ad valorem revenue. The original bonds were issued in November 2003 to refund certain prior obligations of the City. Additional bonds were issued in 2005 and 2006 to finance the cost of improvements to the City's golf course, parks, and public safety facilities. Data not available prior to fiscal year 2006. Source: City of Palm Beach Gardens Finance Department 132 Table 12 Non Ad Valorem Charges Fines Revenue for and Investment Available for Services Forfeitures Income Miscellaneous Debt Coverage $ 1,285,282 $ 2,078,519 $ 1,538,635 $ 1,509,965 $ 24,759,337 5,502,144 524,216 3,159,847 1,858,214 27,761,117 5,641,891 320,944 1,740,605 2,028,842 27,476,025 5,865,175 436,227 1,414,745 2,070,220 26,783,904 6,263,022 301,780 763,632 1,738,946 27,717,011 7,306,291 184,221 348,002 1,537,789 26,067,528 8,427,574 163,076 299,204 1,621,486 28,348,135 8,356,187 308,095 162,847 1,874,051 30,144,070 133 City of Palm Beach Gardens, Florida Demographic and Economic Statistics Last Ten Fiscal Years Palm Beach County Personal Income (2) Year Population (') (In Thousands) Table 13 Palm Beach County Per Capita School Unemployment Income (2) Enrollment (3) Rate (4) 2004 42,384 $ 55,310,321 $ 44,518 $ 8,985 3.1 % 2005 45,584 63,756,287 50,371 8,854 2.2% 2006 48,176 71,061,748 55,311 8,764 3.7% 2007 49,387 74,548,299 59,147 8,417 3.7% 2008 50,282 74,099,427 58,358 9,933 4.3% 2009 49,941 73,546,909 57,461 10,338 7.3% 2010 50,075 69,488,201 52,526 10,549 7.8% 2011 48,452 71,432,467 53,500 11,234 7.2% 2012 48,452 N/A N/A 10,937 6.0% 2013 49,434 N/A N/A 10,909 4.9% Sources: (1) University of Florida Bureau of Business and Economic Research (2) U.S. Department of Commerce, Bureau of Economic Analysis (3) Palm Beach County School Board Budget Office (4) U.S. Bureau of Labor Statistics N/A: Information not available 134 City of Palm Beach Gardens, Florida Principal Employers September 30, 2013 Table 14 2012 Percentage of Total City Employer Employees Rank Employment G4S (Headquarters) 3,000 1 12.16% Palm Beach County School Board 1,193 2 4.83% Westport Senior Living Investment Fund 1,000 3 4.05% Tenet Healthcare Corp 855 4 3.46% PGA National Resort & Spa 700 5 2.84% TBC Corporation (Headquarters) 600 6 2.43% Biomet 3i, Inc. 476 7 1.93% City of Palm Beach Gardens 455 8 1.84% Belcan Corporation 329 9 1.33% Anspach Companies 256 10 1.04% 8,864 35.91 % Note: Information is not available prior to 2006. Therefore, the 10 year comparison is not included. Source: 2012 Business Development Board of Palm Beach County 135 City of Palm Beach Gardens, Florida Full -Time Equivalent City Government Employees by Function Last Eight Fiscal Years Number of Employees: General Government Public Safety Culture and Recreation Physical Environment Total Number of Employees Note: Indicators are not available prior to 2006. Source: City of Palm Beach Gardens Finance Department Fiscal Year 2006 2007 2008 2009 2010 82 73 97 95 80 277 286 282 272 272 74 75 65 64 72 68 80 57 53 40 501 514 501 484 464 136 Table 15 2011 2012 2013 66 280 38 66 71 278 38 65 71 281 39 64 450 452 455 137 City of Palm Beach Gardens, Florida Operating Indicators by Function/Program Last Eight Fiscal Years Function/Program: General Government: Information Technology: Number of online inspections scheduled City Clerk: Public records request Finance: A/P checks issued Growth Management: Number of projects completed Public Safety: Police personnel and officers Fire personnel Number of foot patrols conducted in business districts Number of foot patrols conducted in neighborhood communities Number of fire rescue calls Culture and Recreation: Special event attendees General program participants Youth camp registrations Number of Signature City magazines mailed Tennis members Rounds of golf played General pool admissions Physical Environment: Curb miles swept Linear feet of storm drains cleaned Permits issued Value of permits Inspections performed Fiscal Year 2006 2007 2008 7,000 10,000 7,808 1,478 520 486 6,328 6,793 6,366 12 35 25 158 158 157 128 128 125 8,500 8,500 11,497 36 36 36 4,000 7,073 7,155 79,000 60,000 71,600 115,048 125,000 126,000 2,729 3,503 3,636 84,000 89,000 89,000 278 333 566 29,132 44,977 43,657 20,393 45,490 36,401 2,000 2,100 3,095 1,500 1,600 13,200 8,202 9,191 8,929 $ 375,192,522 $ 336,554,569 $ 343,341,142 40,000 26,000 23,442 Note: Indicators are not available prior to 2006 and for the transportation function. Sources: Various City Departments 138 Table 16 2009 2010 2011 2012 2013 6,188 6,495 12,150 7,720 9,800 553 140 110 95 119 6,829 5,849 4,914 3,863 3,239 23 33 35 8 9 150 150 162 163 158 122 122 118 118 113 16,400 13,473 10,874 9,028 8,412 36 35 35 35 35 7,410 8,000 7,836 7,582 9,492 75,000 104,100 110,000 144,000 167,000 9,220 16,710 17,000 16,500 17,000 3,805 3,750 3,775 3,988 4,072 5,241 - - - - 356 360 367 455 409 43,000 38,835 41,954 39,107 28,904 32,144 32,910 37,826 31,723 30,530 800 2,560 2,779 2,335 1,320 800 4,400 - - - 5,272 6,013 6,315 6,822 7,560 $ 189,340,190 $ 178,555,009 $ 188,625,476 $ 208,997,432 $ 293,661,857 19,250 18,170 18,100 18,605 22,100 139 City of Palm Beach Gardens, Florida Capital Asset Statistics by Function/Program Last Eight Fiscal Years Fiscal Year Function/Program: 2006 2007 2008 2009 2010 2011 General Government: Number of general government buildings 1 1 1 1 1 1 Public Safety: Fire stations 5 5 5 5 5 5 Transportation: Miles of streets 53 53 53 54 54 54 Culture and Recreation: Parks acreage 168 168 168 168 168 172 Parks 9 9 11 11 11 11 Golf courses 1 1 1 1 1 1 Soccer fields 10 10 10 10 10 11 Roller hockey rinks 2 2 2 2 2 2 Baseball/softball fields 17 17 15 15 15 15 Tennis courts 17 17 19 19 19 19 Playgrounds 8 8 9 9 9 9 Basketball courts 12 12 12 12 13 13 Racquetball courts 2 2 6 6 6 6 Skatepark 1 1 1 1 1 1 Swimming pools 3 3 3 3 3 3 Note: Indicators are not available prior to 2006 and for the physical environment function. Sources: Various City Departments Table 17 2012 2013 1 1 5 5 54 54 172 172 11 11 1 1 11 11 2 2 15 15 19 19 9 9 13 13 6 6 1 1 3 3 140 COMPLIANCE SECTION This page intentionally left blank. 2 Rampe11 & Rampell, P.A. certified public accountants 0 INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Mayor, City Council Palm Beach Gardens, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Stand- ards issued by the Comptroller General of the United States, the financial statements of the govern- mental activities, each major fund, and the aggregate remaining fund information of the City of Palm Beach Gardens, Florida as of and for the year ended September 30, 2013, and the related notes to the financial statements, which collectively comprise the City of Palm Beach Gardens, Florida's basic financial statements, and have issued our report thereon dated April 18, 2014. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the City of Palm Beach Gardens, Florida's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opin- ions on the financial statements, but not for the purpose of expressing an opinion on the effective- ness of the City of Palm Beach Gardens, Florida's internal control. Accordingly, we do not express an opinion on the effectiveness of the City of Palm Beach Gardens, Florida's internal control. A deficiency in internal control exists when the design or operation of a control does not allow man- agement or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a com- bination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of Palm Beach Gardens, Florida's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. Howev- er, providing an opinion on compliance with those provisions was not an objective of our audit, and 223 Sunset Avenue ♦ Suite 200 ♦ Palm Beach, FL 33480 ♦ TEL (561) 655-5855 ♦ FAX (561) 655-7688 143 accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Rampell & Rampell, P.A. Palm Beach, Florida April 18, 2013 144 2 Rampe11 & Rampell, P.A. certified public accountants 0 MANAGEMENT LETTER IN ACCORDANCE WITH THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA To the Honorable Mayor, City Council City of Palm Beach Gardens, Florida We have audited the financial statements of the City of Palm Beach Gardens, Florida, as of and for the fiscal year ended September 30, 2013, and have issued our report thereon dated April 18, 2014. We conducted our audit in accordance with auditing standards generally accepted in the United States of America, and the standards applicable to financial audits contained in Government Au- diting Standards, issued by the Comptroller General of the United States; and Chapter 10.550, Rules of the Florida Auditor General. We have issued our Independent Auditors' Report on Inter- nal Control over Financial Reporting and Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in those reports, which are dated April 18, 2014, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General, which governs the conduct of local governmental entity audits performed in the State of Florida. This letter includes the following information, which is not included in the aforementioned auditor's reports: ➢ Section 10.554(1)(i)l ., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. No recommendations were made in the preceding annual financial report. ➢ Section 10.554(1)(i)2., Rules of the Auditor General, requires our audit to include a re- view of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the City of Palm Beach Gardens, Florida complied with Section 218.415, Florida Statutes. ➢ Section 10.554(1)(i)3., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. In connec- tion with our audit, we did not have any such recommendations. ➢ Section 10.554(1)(i)4., Rules of the Auditor General, requires that we address noncom- pliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. In con- nection with our audit, we did not have any such findings. ➢ Section 10.554(1)(i)5., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the finan- cial statements. This information is disclosed in Note 1 to the financial statements. M 223 Sunset Avenue ♦ Suite 200 ♦ Palm Beach, FL 33480 ♦ TEL (561) 655-5855 ♦ FAX (561) 655-7688 145 ➢ Section 10.554(1)(i)6.a., Rules of the Auditor General, requires a statement be included as to whether or not the local governmental entity has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the specific condition(s) met. In connection with our audit, we determined that the City of Palm Beach Gardens, Florida did not meet any of the conditions described in Section 218.503(1), Florida Statutes. ➢ Section 10.554(1)(i)6.b., Rules of the Auditor General, requires that we determine whether the annual financial report for the City of Palm Beach Gardens, Florida for the fiscal year ended September 30, 2013, filed with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2013. In connection with our audit, we determined that these two reports were in agreement. ➢ Pursuant to Sections 10.554(1)(i)6.c. and 10.557(7), Rules of the Auditor General, we applied financial condition assessment procedures. It is management's responsibility to monitor the City of Palm Beach Gardens, Florida's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. Our management letter is intended solely for the use of the Legislative Auditing Committee, members of the Florida Senate and Florida House of Representatives, the Florida Auditor General, Federal and other granting agencies, and applicable management, and is not intended to be and should not be used by anyone other than these specified parties. Rampell & Rampell, P.A. Palm Beach, Florida April 18, 2014 146 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 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING April 3, 2014 The regular meeting was called to order at 7:03 p.m. by Mayor Premuroso. I. PLEDGE OF ALLEGIANCE II. NATIONAL ANTHEM — PERFORMED BY PALM BEACH GARDENS HIGH SCHOOL CHORUS III. ROLL CALL PRESENT: Mayor Premuroso, Vice Mayor Jablin, Council Member Russo, Council Member Tinsley, Council Member Levy. ABSENT: None. IV. ELECTION: a. RESOLUTION 12, 2014 — DECLARING RESULTS OF THE MUNICIPAL ELECTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MARCH 11, 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Council Member Levy made a motion to approve to Resolution 12, 2014. Council Member Russo seconded. Motion passed 5-0 b. ADMINISTER OATH OF OFFICE. City Clerk, Patricia Snider, administered the Oath of Office to Councilmembers Robert Premuroso, Eric Jablin, and Marcie Tinsley. V. REORGANIZATION: 1. APPOINTMENT OF MAYOR. Council Member Russo made a motion to appoint Robert Premuroso as Mayor. Council Member Jablin seconded. Motion passed 5-0. 2. APPOINTMENT OF VICE MAYOR. Council Member Levy made a motion to appoint Eric Jablin as Vice Mayor. Council Member Russo seconded. Motion passed 5-0. 3. RESOLUTION 13, 2014 — APPOINTMENT OF MAYOR AND VICE MAYOR. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE MAYOR AND VICE MAYOR FOR THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Council Member Russo made a motion to approve Resolution 13, 2014. Council Member Levy seconded. Motion passed 5-0. Council Member Russo suggested moving Item 4. Appointment of Councilmembers to external boards; and Item 5. Appointment of Councilmembers to internal boards to Items of Council Action/Discussion at the end of the agenda. Council Member Russo made a motion to move items 4 and 5 to the end of the agenda. Council Member Levy seconded. Motion passed 5-0. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 04-03-14 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 VI. ADDITIONS, DELETIONS, MODIFICATIONS: Addition: Proclamation for Child Abuse Prevention Month. Council Member Russo made a motion to accept the addition. Vice Mayor Jablin seconded. Motion passed 5-0. VIL ANNOUNCEMENTS/PRESENTATIONS a. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AWARD. Award Presentation: Shannon Ramsey Chessman, Florida Government Finance Officer's Association b. DEPARTMENT OF TRANSPORTATION — PGA BLVD & BEELINE HIGHWAY. Presentation by: Cindy Kendrick, Stanley Consultants and Fernando Morales, Florida Department of Transportation C. ALL ABOARD FLORIDA UPDATE. Presentation by: Charlotte Presensky, Operations Director VIII. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: Council Member David Lew: Attended Palm Beach County League of Cities Meeting. Council Member Marcie Tinsley:. None Council Member Joseph Russo: None Vice Mayor Eric Jablin: Attended the Palm Beach County Metropolitan Planning Board. Mayor Robert Premuroso: Encouraged residents to attend the Ernie Els Autism event on Thursday, April 10, 2014 at Old Palm. IX. CITY MANAGER REPORT Provided an update on Florida Department of Transportation presentation project to raise PGA Blvd; reported that the City will conduct a resident survey within the next 60 days. X. COMMENTS FROM THE PUBLIC Gary Brandenburg, 5801 Anchorage Drive, North Palm Beach; Tom Cairnes, 3101 PGA Blvd, Palm Beach Gardens; Mel Grossman, 161 Thornton Drive, Palm Beach Gardens; Bertha Matics, 910 Magdalena Rd Palm Beach Gardens; Barbara Grossman, 161 Thornton Drive, Palm Beach Gardens, did not speak, comment card submitted for the record only. XI. CONSENT AGENDA a. APPROVE MINUTES FROM MARCH 6, 2014 CITY COUNCIL MEETING. b. RESOLUTION 15, 2014 — SETTING THE DATES FOR THE JULY AND AUGUST CITY COUNCIL MEETINGS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST, 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. PURCHASE AWARD: A2014-030FT, FUEL MANAGEMENT SYSTEM UPGRADES. d. PURCHASE AWARD — CAREHERE CONTRACT RENEWAL. f. PURCHASE AWARD ON PIGGYBACK AGREEMENT NO. A2014-032PW, ANNUAL ASPHALT MILLING AND RESURFACING (2014). g. PURCHASE AWARD L2014-004IT FOR LEASE OF MULTIFUNCTIONAL PRINTERS AND COPIERS. h. PURCHASE AWARD FOR ROOF REPLACEMENT, FIRE RESCUE 1, POLICE DEPARTMENT AND RIVERSIDE YOUTH ENRICHMENT CENTER. i. RESOLUTION 24, 2014 - FRANKLIN ACADEMY PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE FRANKLIN ACADEMY PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 04-03-14 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 j. RESOLUTION 25, 2014 — TIGER GRANT — FEC QUIET ZONE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SUPPORTING THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION' S EFFORTS TO SECURE FEDERAL FUNDING IN THE FORM OF A TRANSPORTATION INVESTMENTS GENERATING ECONOMIC RECOVERY (TIGER) GRANT FOR THE INFRASTRUCTURE TO INCREASE ROAD CROSSING SAFETY AND PROVIDE FOR THE QUIET ZONE IMPROVEMENTS NECESSARY TO INCREASE THE SAFETY IN AREAS WHERE TRAIN HORNS ARE NOT ROUTINELY SOUNDED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. k. PROCLAMATION — PARALYZED VETERANS OF AMERICAN AWARENESS MONTH. Council Member Levy made a motion for approval of the Consent Agenda without Item E. Vice Mayor Jablin seconded. Motion passed 5-0. e. PURCHASE AWARD FOR ITB2014-033EM, STORM DEBRIS DISPOSAL SERVICES. Council Member Tinsley recused herself and filled out form 8B. Council Member Russo made a motion to approve Purchase Award for ITB2014-033EM Storm Debris Services. Vice Mayor Jablin seconded. Motion passed 4-0. XII. PUBLIC HEARINGS: (*Designates Quasi -Judicial Hearing) Those preparing to give testimony were sworn in. The City Clerk read Resolution 21, 2014 by title. a. *RESOLUTION 21, 2014 - PCD AMENDMENT TO MODIFY UTILITY EASEMENTS, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE ALTON PLANNED COMMUNITY DEVELOPMENT (PCD) (F.K.A. SCRIPPS FLORIDA PHASE II/BRIGER TRACT PCD) TO INCORPORATE MODIFICATIONS TO UTILITY EASEMENTS, ROADWAY CROSS SECTIONS AND BUFFERS, LAKES, OPEN SPACE, AND REVISIONS TO CONDITIONS OF APPROVAL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mavor Premuroso opened the Public Hearing. Petitioner: Ken Tuma, Urban Design Kidlay Studios Staff presentation: Principal Planner, Peter Hofheinz. Public comment: Louis Satriano, 4703 Lakemont Court, Palm Beach Gardens. Mayor Premuroso closed the Public Hearing. Vice Mayor Jablin made a motion to approve Resolution 21, 2014. Council Member Tinsley seconded. Motion passed 5-0. The City Clerk read Resolution 22, 2014 by title. b. RESOLUTION 22, 2014 - FRANKLIN ACADEMY ART IN PUBLIC PLACES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ART IN PUBLIC PLACES FOR FRANKLIN ACADEMY PLANNED UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Petitioner: Wendy Tuma, Urban Design Kidlay Studios CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 04-03-14 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 Council Member Levy made a motion for approval of Resolution 22, 2014. Vice Mayor Jablin seconded. Motion passed 5-0. The City Clerk read Resolution 23, 2014 by title. c. *RESOLUTION 23, 2014 - DOWNTOWN AT THE GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) MASTER SIGNAGE PLAN AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE DOWNTOWN AT THE GARDENS MASTER SIGNAGE PLAN IN ORDER TO MODIFY THE LOCATION OF THREE (3) TENANT WALL SIGNS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Petitioner: Donaldson Hearing, Cotleur and Hearing Staff Presentation: None Public Comment: None Council Member Levy made a motion for approval of Resolution 23, 2014. Council Member Russo seconded. Motion passed 5-0. The City Clerk read Resolution 26, 2014 by title. d. RESOLUTION 26, 2014 - IMPROVEMENTS AND ASSESSMENTS FOR SUNSET DRIVE AND 40TH TERRACE PROPERTY OWNERS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING CERTAIN INFRASTRUCTURE IMPROVEMENTS FOR PROPERTIES LOCATED ON SUNSET DRIVE, 40TH TERRACE NORTH, AND BRENNA LANE PURSUANT TO THE CITY NEIGHBORHOOD IMPROVEMENT ASSESSMENT PROGRAM (NIAP) AND ADOPTION OF AN ASSOCIATED PRELIMINARY SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Petitioner: None Staff Presentation: City Engineer, Todd Engle Public Comment: Harden Gaynes 7388 165th Street, Palm Beach Gardens; Don Castellon 8483 Sunset Drive, Palm Beach Gardens; Kenneth Trauasso 7294 154th Court, Palm Beach Gardens; Kevin Easton, 8510 40th Terrace N., Palm Beach Gardens; John Erhart 9052 E Highland Pines Drive, Palm Beach Gardens; Howard Gorman 708 Lighthouse Drive, North Palm Beach Council Member Levy made a motion for approval of Resolution 26, 2014 for water and road paving. Council Member Tinsley seconded. Motion passed 5-0. The City Clerk read Ordinance 6, 2014 by title. ORDINANCE 6, 2014 — ELECTIONS SECTION 26.8 INITIATIVE AND REFERENDUM. (1ST READING). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. AT SECTION 26- 8. INITIATIVE AND REFERENDUM. BY REPEALING SUBSECTION (G) AND READOPTING SAME, AS REVISED, IN ACCORDANCE WITH SECTION 163.031, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 26. ELECTIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 04-03-14 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 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Petitioner: None Staff Presentation: None Public Comment: Iris Sheibl, 1029 Siena Oaks Circle, Palm Beach Gardens. Council Member Levy made a motion for approval of Ordinance 6, 2014 on 1 st reading. Council Member Tinsley seconded. Motion passed 5-0. XIII. RESOLUTIONS XIV. ITEMS FOR COUNCIL ACTION/DISCUSSION a. CHARTER REVIEW COMMITTEE- Council Member Russo discussed the need for a Charter Review Committee to review the City Charter and recommend changes. Discussion ensued. b. APPOINTMENT OF COUNCILMEMBERS TO EXTERNAL BOARDS. The appointments of the external boards shall remain the same with the exception of Mayor Premuroso is the appointee of the Palm Beach Workforce Alliance Consortium and Council Member Levy is the alternate. c. APPOINTMENT OF COUNCILMEMBERS TO INTERNAL BOARDS. The appointment of the internal boards shall remain the same. Vice Mayor Jablin made a motion for approval of appointment of council members to external and internal boards with Mayor Premuroso as the appointee for the Palm Beach Workforce Alliance Consortium and Councilmember Levy is the alternate. Council Member Tinsley seconded. Motion passed 5-0. d. Councilmember Levy discussed a case regarding a lawsuit against a Florida municipality because the developers believed council members gave them a "passive" approval during a development meeting. Discussion ensued. e. BROADCAST CITY COUNCIL MEEETING: Councilmember Tinsley discussed broadcasting option for City Council meetings. Discussion ensued. f. Council Member Levy made a motion to provide broadcasting of City Council meetings via Video on Demand. g. Vice Mayor Jablin seconded. Motion passed 5-0. XII. CITY ATTORNEY REPORT None. (The remainder of this page intentionally left blank.) CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 04-03-14 PAGE 5 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 Levy made a motion to adjourn. Vice Mayor seconded. Motion passed 5-0. The meeting adjourned at 10:30 p.m. The next regularly scheduled City Council meeting will be held May 1, 2014. APPROVED: 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 04-03-14 PAGE 6 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 List), 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: Transportation Services (Summer Camp) DATE ADVERTISED: 2/16/2014 WAS SOLICITATION OPENLY COMPETED? Yes FUNDING ACCOUNT INFORMATION: 104-2040-575-3400 CONTRACT NO.: ITB2014-034RC DEPARTMENT: Recreation BIDS/PROPOSALS DUE DATE: 3/21/2014 RESPONSES RECEIVED: One CONTRACT VALUE: One Hundred Twenty -One Thousand Five Hundred Dollars ($121,500) CONTRACT TERM: Five (5) Years OPTIONS TO RENEW: None VENDOR(S): Coastal Bus & Charter Lines, LLC dba Need -A -Bus BACKGROUND: This Agreement will replace a current agreement which expires May 31, 2014. The Agreement will allow the City to contract for transportation services for participants in the City's Summer Camps and other recreational programs. The City may also use this Agreement for other transportation -related services. The services are being provided on an as -needed basis, and the prices offered for the five- (5) year term of the Agreement are the same as the current prices being paid by the City for these services. COMMENTS: The sole responding bidder to this Invitation to Bid is the incumbent vendor Need -A -Bus. Need -A -Bus was founded in 2008 and is based in West Palm Beach. The vendor has provided transportation services to the City for several years, and there have been no reported vendor non-performance issues. The company is familiar with the City's recreational needs and requirements, and has all the required safety, licensing, and operating certifications. Department Head NAME J. E. Doughney 11 SIGNATURE DATE City Attorney R. Max Lohman xlll,�O; Af Purchasing Km! Ra A Other LASERFICHE DATA: Laura Schuppert L - fia A VJ_Q_� Effective Date: 5/1/2014 Expiration Date: 4/30/2019 A e d to Existing: Not Applicable ' ' • ' • • 5/1/2014 1 7 APPROVED ❑ NOT APPROVED CITY MA14AGE)(ORJESIGNEE ❑ DEFERRED A Icy DATE AIDPP PALM BEACH GARDENS 'A "Ue ptaoe to five, team, woa* k play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Fl. 33410 AGREEMENT FOR TRANSPORTATION SERVICES (SUMMER CAMP) AGREEMENT NO. ITB2014-034RC 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 Coastal Bus & Charter Lines, LLC dba Need -A -Bus, a Florida corporation (hereinafter referred to as "Contractor'), whose principal address is 2560 Old Military Trail, West Palm Beach, Florida 33417. WHEREAS, the City desires to retain the services of the Contractor to provide transportation services for participants in the City's Summer Camp and other recreational programs, in accordance with the City's Invitation to Bid No. ITB2014- 034RC 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- 034RC and the Contractor's response thereto, including all documentation, licenses, and certifications required thereunder. ARTICLE 2. DESCRIPTION OF SERVICES The Contractor shall provide bus transportation services for children's Summer Camp programs to various sites and locations throughout Palm Beach, Broward, Martin, Miami -Dade, and St. Lucie Counties, and to participants in other recreational programs, as requested by the City, on an as -needed basis, as described in the specifications accompanying the City's Invitation to Bid and all addenda thereto, which are attached hereto and incorporated herein as Exhibit "A". Page 11 of 4 City of Palm Beach Gardens ITB2014-034RC Transportation Services (Summer Camp) ARTICLE 3. COMPENSATION The City shall pay the Contractor based on the prices and rates 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. 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. 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: bchabre(cD-pbgfl.com As to the Contractor: Coastal Bus & Charter Lines, LLC dba Need -A -Bus 2560 Old Military Trail West Palm Beach, Florida 33417 Attn: Joseph J. DeMastry Email: need abusinfo(a)-att.net 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. Page 12 of 4 City of Palm Beach Gardens ITB2014-034RC Transportation Services (Summer Camp) ARTICLE 5. TERM The term of this Agreement shall be until April 30, 2019, 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. ARTICLE 7. AGREEMENT VALUE The estimated expenditure under this Agreement is One Hundred Twenty -One Thousand Five Hundred Dollars ($121,500) for the entire five- (5) year term. Notwithstanding the estimated expenditure, the City does not guarantee to the Contractor that this amount will be spent during the term of this Agreement. (The remainder of this page intentionally left blank) Page 13 of 4 City of Palm Beach Gardens ITB2014-034RC Transportation Services (Summer Camp) IN WITNESS WHEREOF, the parties have executed this Agreement on the date hereinabove first written. ATTEST: 91 Patricia Snider, CMC, City Clerk APPROVED AS TO FO LEGAL SUFFICIENCY: in `,-City Attorney By: Print ame: CITY OF PALM BEACH GARDENS, FLORIDA in Robert G. Premuroso, Mayor COASTAL BUS & CHARTER LINES, LLC DBA NEED -A -BUS G:\attorney_share\AGREEMENTS\Coastal Bus and charter Lines LLC dba Need -A -Bus - ITB2014-034RC Agreement.docx Page 14 of 4 City of Palm Beach Gardens ITB2014-034RC Transportation Services (Summer Camp) EXHIBIT "A" ITB# 2014-034RC due: March 21, 2014 Transportation Services (Summer Camp) City of Palm Beach Gardens Recreation Department J Summer Camp 2012 attn: Catherine Dye 10500 North Military Trail Palm Beach Gardens, FL 33410 submitted by: Coastal Bus & Charter Lines, LLC dba Need -A -Bus 2560 Old Military Trail West Palm Beach, Florida 33417 www.eee4,*-bvs.com � � r S61.692.3110 March 21, 2014 TTB# 2014-034RC Summer Camp Bus Service letter of transmittal Coastal Bus & Charter Lines, LLC (dba Need -A -Bus) respectfully submits this proposal to provide transportation services for the City of Palm Beach Gardens' Recreation Department in reference to Summer Camp. We are a fully licensed, insured and DOT compliant company offering a variety of transportation options to the Florida market. Need -A -Bus, it's officers and employees do and will comply with all local, county, state and national rules, regulations, ordinances and any and all applicable laws governing the operation of a transportation company within Florida and the United States. In addition, Need -A -Bus currently exceeds all insurance requirements stated in the RFP Need -A -Bus recognizes the parameters of daily service described in the RFP. We also accept the Services Terms & Conditions as presented. This proposal and it's contents are designed to meet the speck requirements of the ITB# 201.4-034RC issued by the City of Palm Beach Gardens - it is in no way a finalized agreement between Need -A -Bus and the City. As part of the normal business process, any and all details can be adjusted, tweaked, clarified and finalized during negotiations. Thank you for allowing us to submit this proposal. rJoe DeMastry President Need -A -Bus 2560 Old Military Trail, West Palm Beach, FL 33417 needabusinfot;,a?att.net . Fax: 561.478.6352 [We4ecl- BRITONTOMMU611 Transportation Services (Summer Camp) the service Need -A -Bus is prepared to operate clean, well maintained buses 5 days per week to accommodate the Palm Beach Gardens Summer Camp program. We have a large fleet of vehicles and can supply the buses and driver's as requested and required. our daily price is and "average" price taking into consideration that some trips are longer than others. As the provider of bus service to the City of Palm Beach Garden's recreation department for the past 4 years, we understand your needs and would like the opportunity to continue our relationship with the City. Qualifications and Experience Need -A -Bus was established and incorporated in July, 2008. During this period, we have provided excellent service to clients of all types. We currently maintain contracts and provide fixed route shuttle service for three (3) adult communities, have a contracts with 2 local charter schools for daily transportation and provide summer camp transportation to 7 summer camp programs including yours. We also operate charter service, air and seaport transfers, school field trips and excursions to many Florida locations and cities. Although Need -A -Bus is a relatively new company, I have been in the transportation business since 2002. During that time I have run school, transit, shuttle and charter buses for many organizations, companies, schools and private clients. In addition to the daily operations, driver supervision and sales, I have had extensive, hands-on experience in developing, implementing and maintaining routes for several private schools, an extensive 2 location after school and camp program as well as fixed local routes for adult communities. In addition, I coordinated a 24 hour/7-day per week employee shuttle for Florida Power & Light. As an individual, I have created a reputation for fair pricing, excellent service, 24/7-dedication to my clients and the ability to listen, adapt and help clients find the best way to satisfy their transportation needs. Meeting and exceeding expectations is part of what I, and we do. During our 5+ years, we have also established and maintained an excellent credit and financial rating as a company. We were able to secure start up funding and equipment loans In one of the toughest economic climates and continue to grow and succeed. Need -A Bus - City of Palm Beach Gardens transportation proposal page 2 the vehicles Based on the requirements specified by the ITB we will utilize 2 (two) full-size school buses for the summer camp program. All our buses are A/C equipped and seat from 65-84 children. We also operate 47 & 55 passenger full-size coach buses and 25-36 passenger mini -buses. In the past, we have substituted 2 mini -buses in the place of a full size school bus at the same daily rate. Our entire fleet is professionally maintained and are DOT certified and inspected. In the rare case when equipment does fail, we can guaraantee a replacement bus to be in place within 60 minutes within the local area. For trips to St. Lucie, Dade and parts of Broward County, we can guarantee a replacement withing 90 minutes. We are prepared to offer the City a credit (as stated in the Invitation to Bid) if we can not fulfill our obligation and to utilize subcontractors, at our expense and with permission, if an emergency should arise. Credit will also be given for late arrivals or "missed" spot times. the cost The cost - based on 60 trips - for the summer would be: $405 per day per bus. This price includes all fuel, driver hours, benefits, associated taxes, bus costs as well as maintenance, insurance and operations. This is a fixed rate and is not subject to any increases, decreases or surcharges and will be honored within the terms of Summer Camp 2014. We are also willing to enter into a multiple (up to 5) year contract with the City at this fixed price allowing for a fuel adjustment clause that mirrors the "true time" cost of fuel as it fluctuates. Fuel "baseline" and assessment fees. Need -A -Bus reserves the right to assess the City of Palm Beach Gardens a fee of $3 per day per bus if the price of fuel rises above $4.25 per gallon (based on the fuel rates paid by Need -A -Bus). A corresponding increase of $3 per day per bus will be assessed for each additional increases of $0.25 per gallon above $4.25. Correspondingly, if the price of fuel drops below $3.50 per gallon, we will issue a credit to Covered Bridge following the same formula as the assessment for increasing fuel prices. Any Fuel assessment or credit would apply to years 2 thru 5 of the contract only. Need -A -Bus - city of Palm Beach Gardens transportation proposal page 3 the drivers Need -A -Bus drivers meet or exceed all DOT requirements, undergo background checks, and, must meet our insurance providers stringent requirements. In addition, all drivers are pre-screened for drug and alcohol and are part of a random drug testing pool which is administered by a third party. We require all drivers to possess a class B CDL with passenger and air brake endorsements. the insurance Need -A -Bus carries more than the required amount of insurance as dictated by the DOT. Our current liability policy is set at $5,000,000 thru an A- rated carrier. We can add The City of Palm Beach Gardens as an additional insured party on the policy if required. the Need -A -Bus operation We have already given you some idea as to how we operate as a business. All Need -A -Bus drivers carry cell phones so we can remain in contact with them as required. Daily vehicle inspections are conducted by the driver before leaving on any trip and our vehicles are maintained at the highest possible levels. We follow all manufacturer's recommended service intervals and all our buses undergo annual DOT inspection and review. Our goal is to be professional, safe and accommodating while providing the highest quality transportation for the best possible value. parking and storage It is our understanding that we will be permitted to park a bus at the City facilities in Palm Beach Gardens of Bums Road - we may or may not excercis this perk. conflicts of interest Based on the criteria provided in the RFP, we do not have any conflicts of interest with Florida Power & Light Company, it's officers or employees. cancellation policy There will be no cancellation penalties if the City needs to cancel a bus as long as at least 24 hour notice is given. Anything within the 24 hour window can be negotiated. references Golden Lakes A Operations Director 1700 Golden Lakes Blvd. West Palm Beach, FL 33411 561-689-2142 Need -A -Bus - City of Palm Beach Gardens transportation proposal page 4 Friends of Gumbo Limbo Michele Peel 1801 N. Ocean Blvd. Boca Raton, FL 33432 (561) 213-7887 Learning Path Acedemy Isis Rosso, Director of Operations 1340 Kenwood Road West Palm Beach, FL 33401 561-444-9832 our fleet see attached list our thanks We sincerely hope this proposal meets with your approval ... we are excited about the opportunity to work with the City of Palm Beach Gardens (again) and realize this could be the continuation of a wonderful business relationship. Please, do not hesitate to call if you need clarification, have additional questions or require more information. Thank you again for your time and consideration. Joe DeMastry - president Need --Bus Coastal Bus & Charter Lines, LLC dba: Need -A -Bus 2560 Old Military Trail West Palm Beach, FL 33417 561.841.4100 - 561.313.6631 - cell 561.841.4600 - fax Need -A -Bus Vehicle Inventory Unit # Year/make/size/type capacity license plate mini buses 503 2008 Chevy/Goshen GCII 25 M 132KA 504 2008 Chevy/El Dorado Passposrt 26 - lift BBAY46 505 2008 Chevy/El Dorado Nat.Trans Elite 36/28 lugg. 031 XTL 506 2013 International/Goshen Sentinel 36/28 lugg ALRVO1 507 2010 Chevy/Goshen GCII 36/28 lugg 939TLA coach buses 801 1997 MCI 102DL3 55 lugg. AVZH67 802 1998 MCI 102DL3ss 55 lugg. BIEY91 803 1997 MCI 102DL3ss 55 lugg. 941 PG 804 1995 MCI 102D3 w/lift 47 lugg. 716QGP school buses child / adult 301 2006 Blue Bird AAFE 84 / 56 MIK68M 303 2006 Blue Bird AARE 78 / 52 AVQH69 305 2012 Blue Bird Vision 65 / 43 MIK60X 306 1998 Freightliner/Thomas 65 / 43 MIM99P 307 2001 Freightliner/Thomas 65 / 43 MIMOOQ 308 2001 Freightliner/Thomas 71 / 47 CMER04 309 2001 Thomas MVP 72 / 48 CMET38 310 2004Thomas HDX 72 / 48 MIM95P 311 2005 Thomas HDX 72 / 48 MIM96P Pura BgAcii GARDears 'A trrilgar placa to jhv lnara, "wk d pA*1 The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT INVITATION TO BID ITB NO.: ITB2014-034RC TITLE: TRANSPORTATION SERVICES (SUMMER CAMP) DUE DATE: FRIDAY, MARCH 21, 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 CO. 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 Cit s solicitation information can be obtained from: a Public Purchase - Please contact Public Purchase at sungort aC3, Pubiircpurchase.comI lwww.publicourchase.coml or call 801-932-7000 for additional information on registration; b) DemandStar - Please contact DemandStar atjWyM,gjmanndstar.cam 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 lhttn:/Iwww.obafl.com/contentt72112485/`default.asvx1and 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 atFXmra0DbRfl.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. 44. Name of Bidder Page I 1 City of Palm Beach Gardens invitation to Bid No. rr82014-034RC 'transportation services (Summer tamp) SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE The purpose of this solicitation is to establish a contract for the purchase of transportation 0-7 services for various trips and outings during Summer Camp, 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: FIVE (5) YEARS The contract shall commence on the date of the duly executed Agreement, and shall remain in Q effect for five (5) year(s), contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the last month of the five (5)-year contract term. 2.5 OPTIONS TO RENEW Intentionally Omitted 2.6 METHOD OF AWARD: TO LOWEST PRICED BIDDER 0C The City will award this contract to the responsive and responsible bidder who submits the �"'tj lowest price to perform the services being awarded. 2.7 PRICES If the bidder is awarded a contract under this solicitation, the price offered by the bidder shall 7 remain fixed and firm during the term of contract, except for any price adjustments that may be allowed elsewhere in this contract. 2.8 PRICE ADJUSTMENTS Intentionally Omitted 2.9 EXAMINATION OF CITY FACILITIES OR EQUIPMENT Intentionally Omitted 2.10 EQUAL PRODUCTS Intentionally Omitted 2.11 LIQUIDATED DAMAGES Intentionally Omitted 2.12 INSURANCE The awarded bidder shall not commence any performance pursuant to the terms of this bid O until certification or proof of insurance has been received and approved by the City's Risk Coordinator or designee. Page 116 City of Palm Beach Gardens Invitation to Bid No. ITB201"34RC Transportation services (Summer Camp) 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. 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 Comprehensive Automobile Liability Insurance to include owned, non -owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00) each occurrence. iv. BODILY INJURY/PROPERTY DAMAGE Awarded bidder shall maintain minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. v. UMBRELLA POLICY Awarded bidder shall maintain an umbrella policy with limits not less than $2,000,000 per occurrence. 2.13 BID BOND/GUARANTY Intentionally Omitted Page 1 17 City of Palm Beach Gardens invitation to Bid No. IT02014-03411C Transportation Services (Summer Camp) 2.14 PERFORMANCE BOND Intentionally Omitted 2.15 CERTIFICATIONS Intentionally Omitted 2.16 METHOD OF PAYMENT: PERIODIC INVOICES FOR COMPLETED TRIPS The awarded bidder shall submit an invoice to the City department after a trip project or services has been completed, and has been deemed acceptable by the City. The date of the invoice shall not exceed thirty (30) calendar days from the performance of the service. Under no circumstances shall the invoice be submitted to the City in advance of the performance of the work. The invoice shall contain the following basic information: the awarded bidder's name and address, invoice number, date of invoice, reference trip or outing, description of the service, the contract number, purchase order number, and any discounts. 117 DELIVERY REQUIREMENTS Intentionally Omitted 2.18 WARRANTY REQUIREMENTS Intentionally Omitted 2.19 ADDITIONAL SERVICES Although this solicitation and resultant contract identifies specific transportation services during ea the City's annual Summer Camp, and primarily for the Recreation Division, it is hereby agreed and understood that any City department or agency may utilize this contract, at the option of the City, for similar or related services that are not specific to the Summer Camp activities. The City may determine to obtain price quotes outside the contract for special trips and outings, and any related services, if the nature of such projects is not considered conducive to the established pricing structure in the contract, and in the opinion of the City should be priced separately. in such situations, the City will offer the first opportunity for a negotiated price to the awarded bidder under this contract. 2.20 CATALOGS AND PRICE LISTS Intentionally Omitted 2.21 CLEAN UP Intentionally Omitted 2.22 DEMONSTRATION OF EQUIPMENT Intentionally Omitted 2.23 HOURLY RATE Any hourly rate quoted shall be deemed to provide full compensation to the awarded bidder for >D labor, equipment use, travel time, and any other element of cost or price. This rate is assumed to be at straight -time for all labor, except as otherwise noted. Page 118 City of Palm Beach Gardens Invitation to Bid No. IT62014-034RC Transportation Services (Summer Camp) 2.24 MOTOR VEHICLE LICENSE REQUIREMENT In accordance with applicable state law, bidders submitting a bid in conjunction with this �`E' solicitation must be licensed by the State of Florida to perform the required services as motor vehicle tour operators. All vehicles to be used to perform services under this contract must be properly licensed and insured. Bidders shall furnish copies of the required licenses with their bid submittal. Failure to meet this requirement may result in your bid not being considered for award. 2.25 PATENTS AND ROYALTIES Intentionally Omitted 2.26 PRE -CONSTRUCTION CONFERENCE Intentionally Omitted 2.27 RELEASE OF CLAIM REQUIRED Intentionally Omitted 2.28 SUB -CHARTERING No sub -chartering of the services required under this contract shall be allowed, without written permission of the City. Under certain special circumstances and emergencies, during the contract term, the City may allow the awarded bidder to sub -charter the services to meet additional demand, provided the sub -charter's staff and vehicles meet the requirements of this contract. The awarded bidder shall provide the City with a copy of the sub -charter's certificate of insurance listing the City of Palm Beach Gardens as additional insured. 2.29 OTHER FORMS OR DOCUMENTS 16- 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. Page 1 19 city of Palm Beach Gardens Invitation to Bid No. ITBI014-034RC Transportation Services (Summer Camp) SECTION 3 SCOPE OF SERVICES 3A GENERAL REQUIREMENTS 6Y' The bus service shall provide transportation for children's Summer Camp programs to various sites and locations throughout Palm Beach, Broward, Martin, Miami -Dade, and St. Lucie counties. 3.2 EQUIPMENT STANDARDS/REQUIREMENTS a. All buses provided for in this proposal must have passed the most recent Department of Transportation inspection, with all work performed by a certified mechanic. Vendor must have documentation of all inspections available upon request by the City of Palm Beach Gardens. All buses must have two way communications with their base station operation, first -aid equipment/supplies, as well as with the other buses on site. The type of buses should be School Bus or Coach Bus types, with air conditioning, and up to 61-passenger seating capacity. Buses shall be clean and free from any potential safety hazards. C. With the City's permission, the bus equipment may be left on City property overnight. The City waives any responsibility for any damages which may occur while the bus is left unattended and on City property. 3.3 EQUIPMENT MAINTENANCE 01" The awarded bidder is responsible for any and all material, parts, labor, oil and fuel for the buses provided under this contract. The awarded bidder must provide on -call maintenance service in case of mechanical failure during times buses are operating on a trip or preparing to leave for a trip. Standby drivers and buses must be available and on site as requested by the City within two hours of notification if there is a mechanical problem with a bus. The City shall not be charged for a bus not used, due to a mechanical or other problem. 3.4 BACK UP SERVICES Ion The awarded bidder shall have a written back-up plan in the event a bus breaks down during transportation. The plan must include the provision that if a field trip is cancelled due to a mechanical breakdown, or vehicular accident, the City shall not be charged for that trip, if the awarded bidder is unable to perform a service as scheduled, and the City is forced to utilize another method or contractor for transportation, the awarded bidder shall be responsible for paying all charges incurred. 3.5 BUS DRIVERS o� a. All drivers must have a valid State of Florida driver's license, which permits them to operate (CDL and/or Chauffer license) the vehicle provided. Prior to leaving the City site for a trip, the driver must complete and sign a vehicle inspection form indicating that the driver has determined that the vehicle is in safe operating condition. The driver shall have good communication skills, be familiar with trip locations, and be responsible for their own uniforms. Drivers shall be responsible for recording and reporting all pertinent information to the awarded bidder with regard to payroll, forms, etc. Drivers Page 120 City of palm Beach Gardens Invitation to Bid No. FM2014-034RC Transportation Services (Summer Camp) shall not be represented in any manner as employees of the City of Palm Beach Gardens. b. Drivers must stay on site of field trip throughout the visit by the City until the trip returns to City site. At no time shall the bus leave the trip site, unless the trip has been designated by the Camp Director in writing to the driver as a "shuttle service" trip. 3.6 CRIMINAL BACKGROUND CHECK / SCREENING EQUIREMENTS The awarded bidder shall have all of its agents, licensees, invitees, employees, sub -contractors, and material/suppliers submit to a criminal background check/screening in such form and fashion as is acceptable to the City, at the City's sole discretion, prior to any of the awarded bidder's personnel entering and or commencing services under this contract, regardless of whether the City has provided the awarded bidder with a purchase order. The awarded bidder shall be responsible for all costs associated with such screening and back ground checks. The City reserves the right, but not the obligation, to preclude any of the awarded bidder's staff or subcontractors from performing services under this contract, as a result of such screening/criminal back ground check regardless of the results of the screening /background check. The awarded bidder recognizes and agrees that the transportation services are sensitive in nature due to security concerns; this provision is a material inducement of the City entering into this contract with the awarded bidder. Nothing herein, however, shall confer any liability on the part of the City as a result of this provision in the contract. Each party who has been screened shall have identification with a clearance tag before entering City premises to perform any transportation or related services. Further the awarded bidder shall provide a listing of all persons authorized to perform services under this contract as evidence of such clearance prior to entering onto the City's properties. 3.7 SCHEDULING REQUIREMENTS a. Buses will be scheduled for trips from approximately 9:OOam—4:30pm daily. b. The City may require either one or two (1 or 2) buses on a daily basis. The City will notify the awarded bidder in advance of the specific number of buses for each trip. C. If buses are late arriving to base camp site, City, at its sole discretion, may deduct from any payment due to the awarded bidder, an hourly rate, for each hour the bus or buses are late. 3.8 CANCELLATION POLICY Y, The City shall have the right to cancel any request or reservation at least 24 hours prior to the ~" _0 ,7 start of the trip. The awarded bidder shall not charge the City for such cancellations. '�,� Late cancellations shall be charged at the rate established by the awarded bidder in the contract rates and fees. There shall be no charge for reservations or trips that are re -scheduled for later date and time that are no further than 48 hours into the future. Page 121 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) SECTION 4 PRICING SCHEDULE 4.1 PRICES AND RATES Bidders shall indicate a daily rate, per bus fee, including driver, maintenance and operation, and all other charges associated with providing the required services as outlined within the Scope of Services ESTIMATED DESCRIPTION ANNUAL ITEM (TYPE OF VEHICLE) TRIPS DAILY RATE PER BUS PRICE 1. 61-Passenger Bus 40 $ _.1 $ � �; Z 0u 2. Vans or Less Than 61- 20 $ $, 106 Passenger Bus TOTAL $� 4.2 LIST VEHICLES AVAILABLE TO PERFORM SERVICES UNDER THIS CONTRACT ITEM DESCRIPTION OF VEHICLE (MAKE, MODEL, PASSENGER CAPACITY) TAG NUMBER 2. ? 3. 4. 6. 7. 8 9. 10. Page 122 Need -A -Bus Vehicle Inventory Unit # Year/make/size/type capacity license plate mini buses 503 2008 Chevy/Goshen GCII 25 M 132KA 504 2008 Chevy/El Dorado Passposrt 26 - lift BBAY46 505 2008 Chevy/El Dorado Nat.Trans Elite 36/28 lugg. 031XTL 506 2013 International/Goshen Sentinel 36/28 lugg ALRVO1 507 2010 Chevy/Goshen GCII 36/28 lugg 939TLA coach buses 801 1997 MCI 102DL3 55 lugg. AVZH67 802 1998 MCI 102DL3ss 55 lugg. BIEY91 803 1997 MCI 102DL3ss 55 lugg. 941 PGM 804 1995 MCI 102D3 w/lift 47 lugg. 716QGP school buses child / adult 301 2006 Blue Bird AAFE 84 / 56 MIK68M 303 2006 Blue Bird AARE 78 / 52 AVQH69 305 2012 Blue Bird Vision 65 / 43 MIK60X 306 1998 Freightliner/Thomas 65 / 43 MIM99P 307 2001 Freightliner/Thomas 65 / 43 MIMOOQ 308 2001 Freightliner/Thomas 71 / 47 CMER04 309 2001 Thomas MVP 72148 CMET38 310 2004Thomas HDX 72 / 48 MIM95P 311 2005 Thomas HDX 72 / 48 MIM96P City of palm Beach Gardens Invitation to Bid No. m32014434RC Transportation Services (Summer Camp) 4.3 CONTRACT REPRESENTATIVES/POINTS OF CONTACT a. Regular Work Homm Name: R I -IY 111 hl Telephone:t�3}�-d.L31 R E-Mail: t1taZ+t� ne {- b. After Hours, Weekends, aind Holidays: Name: _._ at Telephone: fit- 3t 3- "31 E-Mail: ftt + +, QC44*.nr,* Page 123 City of Patm Beach Gardens Invitation to Bid No. rrB2014-034RC Transportation Services (Summer Camp) SECTION 5 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART It, WHICHEVER APPLIES PART 1: List below the dates of issue for each addendum received in connection with this solicitation: PART 11: Addendum #l, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #S, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated Addendum #9, Dated Addendum #10, Dated [a'NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION Firm Name Signature *1* —Dep 14ame;n —Five (Print or Type) la— . Date Page 124 CJty of Palm Beach Gardens Invitation to Bid No. ITB2024-034RC Transportation Services (Summer Camp) 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): (A 4L�° Email Address: rie s: a e.4 --#V �- Federal Employer Identification Number: - 24_ 1*31 i! f 1 Prompt Payment Terms: AA % days' net days Signature: (Signature of authorized agent) Print Name: 1 j joe Title #7' r 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 1 25 city of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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) Page 126 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florido 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) Page 127 City of Palm Beach Gardens invitation to Bid No. 1`1'62014-034RC Transportation Services (Summer Camp) 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: ^A� Firm Name Signature Name and Title (Print or Type) Date Page 128 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation services (summer Camp) DRUG -FREE WORKPLACE lveJ, A, 94J5 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: i)e%l — A—P-xj=a Firm Name Signature itle- Name and Title (Print or Type) Fate . Page 129 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation services (Sumrner CarnP) 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 % tk of t�J'' ft the bidder that has submitted a bid to perform work for the following: ITB No.: ZDi� - t1 u�t. Title 'if (ar +wt :�e"5 6do-.►e.4 54.0 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 W day of 2013, by who is personally known to me or o has produced AL I�4401 11141-0 as identification. SEAL Notary Signature Notary Name: M4ar Nc6ke_ i'le; 6 S' Notlry Public state of Ficift Notary Public (State): f l o r� d A Moor Moshe Weiss My Commission. No: f 911 v6�t a,► Maftnkloion o ;s os,oa Expires on: 7 l ,% 1019 Page 130 City of Palm Beach Gardens ITB2014-034RC Transportation Services (Summer Camp) EXHIBIT "B" PRICING SCHEDULE r ITEM DESCRIPTION ESTIMATED ANNUAL TRIPS DAILY RATE PER BUS AMOUNT 1. 61-Passenger Bus 40 $405 $16,200 2. Vans, or Less Than 61-Passenger Bus 20 $405 $8,100 ._ TOTAL: $24,300 3. Regular and After -Hours Contact: Joe DeMastry (561) 313-6631 needabusinfoCaD_att.net NOTE: The City is exempt from paying sales and excise taxes. A tax-exempt certificate will be provided upon request. 4101� PALK BEACH GARDENS AuniW ptaee Pa five 1e0% WV?*A play" City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PUBLIC NOTICE - RECOMMENDATION TO AWARD DATE: March 26, 2014 SOLICITATION NO.: ITB2014-034RC TITLE: Transportation Services (Summer Camp) 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: Coastal Bus & Charter Lines, LLC dba Need -A -Bus ESTIMATED CONTRACT VALUE: One Hundred and Twenty One Thousand, Five Hundred Dollars ($121,500) CONTRACT TERM: Five (5) Years Per: koo,l R,4, CPPO, CPPB, C.P.M., CAP -OM Purchasing and Contracts Director c: Patty Snider, CMC City Clerk City of Palm Beach Gardens, Florida Rid Tahuintinn ITB No.- ITB2014-034RC n9wr Bid Title: Transportation Services (Summer Camp) Bid Opening Date: Friday, March 21, 2014 @ 3:00 P.M. F A L M BEACH GARDENS A uniqueplace to Um learn, want & pl4v" Prepared by: Vendor Name COASTAL BUS & CHARTER/NEED-A-BUS Vendor FEIN Corporation Address (State): Are Submittal Forms Complete? Conviction Disclosure (Yes/No) Incumbent Vendor (Yes/No) Addenda Acknowledged (Yes/No): Vendor Contact (for this bid) Vendor Contact Phone Number Vendor Contact Fax Number 26-3031911 2560 Old Military Trl, WPB, Fi 33417 Yes No Yes No Joe DeMastry (561) 841-4100 (561) 841-4600 Vendor Contact Email needabusinfo@att.net Item No. Description Estimated Annual Trips Daily Rate Per Bus Price Estimated Annual Trips Daily Rate Per Bus Price Estimated Annual Trips Daily Rate Per Bus Price 1 61-Passenger Bus 40 $405.00 $16,200.00 40 0 2 Vans, or Less Than 61-Passenger Bus 20 $405.00 $8,100.00 20 TOTAL: $24,300.00 3 List of Vehicles provided? Adequate? Yes/Yes 4 Contact Information (Regular) Name: Joe DeMastry Email: needabusinfo@att.net Telephone No.: (561) 313-6631 5 Contact Information (After Hours) Name: Same as above Email: Telephone No.: 6 Federal Motor Carrier Safety Rating? Not provided WnTF- This hid tahulatinn is an indication of Writes only and not a determination of the responsive. responsible bidders. 1 The sole bidder did not acknowledge Addendum 1 or provide information on its FMC safety rating. 41.* PALM BEACH GARDENS `A unique place to 8m kft war Aplay" City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PUBLIC NOTICE - RECOMMENDATION TO AWARD DATE: March 26, 2014 SOLICITATION NO.: ITB2014-034RC TITLE: Transportation Services (Summer Camp) 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: Coastal Bus & Charter Lines, LLC dba Need -A -Bus ESTIMATED CONTRACT VALUE: One Hundred and Twenty One Thousand, Five Hundred Dollars ($121,500) CONTRACT TERM: Five (5) Years Per: K#.1 RA, CPPO, CPPB, C.P.M., CAP -OM Purchasing and Contracts Director c: Patty Snider, CMC City Clerk City of Palm Beach Gardens, Florida Bid Tabulation ITB No.: ITB2014-034RC Bid Title: Transportation Services (Summer Camp) — Bid Opening Date: Friday, March 21, 2014 @ 3:00 P.M. PALM B E A c m GARDENS 'A unique*ve to live. learn, work & p1w " Prepared by: ►C,nj PA Vendor Name COASTAL BUS & CHARTER/NEED-A-BUS Vendor FEIN Corporation Address (State): Are Submittal Forms Complete? Conviction Disclosure (Yes/No) Incumbent Vendor (Yes/No) Addenda Acknowledged (Yes/No): Vendor Contact (for this bid) Vendor Contact Phone Number Vendor Contact Fax Number Vendor Contact Email 26-3031911 2560Old MilitaryTri, WPB, FI 33417 Yes No Yes No Joe DeMastry (561) 841-4100 (561) 841-4600 needabusinfo@att.net Item No. Description Estimated Annual Trips Daily Rate Per Bus Price Estimated Annual Trips Daily Rate Per Bus Price Estimated Annual Trips Bus Price 1 61-Passenger Bus 40 $405.00 $16,200.00 40 40 2 Vans, or Less Than 61-Passenger Bus 20 $405.00 $8,100.00 20 20 TOTAL:, $24,300.00 3 List of Vehicles provided? Adequate? Yes/Yes 4 Contact Information (Regular) Name: Joe DeMastry Email: needabusinfo@att.net Telephone No.: (561) 313-6631 5 1contact Information (After Hours) Name: Same as above Email: Telephone No.: 6 Federal Motor Carrier Safety Rating? Not provided NOTE: This bid tabulation is an indication of prices oniv and not a determination of the responsive, responsible bidders. 1 The sole bidder did not acknowledge Addendum 1 or provide information on its FMC safety rating. PALM BEACH GARDENS 'A unique place to live, team, xwk & play - CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No.1 DATE: March 17, 2014 TO: All Potential Bidders SOLICITATION NO.: ITB2014-034RC TITLE: Transportation Services (Summer Camp) OPENING DATE: March 21, 2014 This Addendum is and does become a part of the above -mentioned Invitation to Bid. The following questions were received from a potential bidder, and the answers are provided as shown: Question 1: In the past, we had the privilege of working with this summer camp and they went to Orlando for the day on Fridays. In the Scope of Services Section 3.1, it states Palm Beach, Broward, Martin, Miami -Dade and St. Lucie Counties only. Are there any trips planned for other counties, specifically Orange and Osceola counties? Answer 1: No trips are planned outside of the counties listed in the Invitation to Bid. Question 2: Under Section 4, Pricing Schedule, you have pricing schedule as "DAILY RATE". If you are only going to the surrounding counties, and your days will be less than 15 hours, would it not save the City money to also include an hourly rate with a minimum of hours listed? For example, a motorcoach company daily rate is based on a pickup at 5 am, going to Orlando for the day, and returning by midnight. Section 3.7 SCHEDULING RQUIREMENTS Section a. Buses will be scheduled for trips from approximately 9:00-4:30 PM daily. In order to be competitive, can the day rate be explained further in Section 4 (how many hours approx) or include an hourly rate in the pricing schedule? The hourly rate is referred to in Section 2.23 of Special Terms and Conditions. Answer 2: 9:30am to 4:30pm is our longest day; although 9:30am to 4:00pm is more typical. Sometimes the duration of a trip could be as short as a 5-hour day, but that is not the norm. Question 3: Section 2.24 makes reference to "Bidders shall furnish copies of the required licenses with their bid submittal". Commercial Motor Vehicles are governed by the Federal Motor Carrier Safety Administration (FMCSA). They are issued authority to operate Intra-State ($1 million insurance, only allowed to operate in Florida) and Inter -State ($5 Million insurance, can operate in 48 states). It would be to the benefit of the City and for the safety of the campers, to include in this bid, that bidders submit a copy of their latest Safety Rating from the FMCSA's website, OR their DOT #, so the City can search this site for each bidder's Safety Rating. Answer 3: The following requirement is added to the Invitation to Bid: 3.9 SAFETYRATING Bidders shall submit a copy of their latest Safety Rating from the Federal Motor Carrier Safety Administration, or their DOT number to allow the City to search the federal site for the bidder's safety rating. Failure to comply with this requirement may result in rejection of the bidder's offer. Question 4: This contract is for 5 years. Will there not be a provision to increase the rate accordingly, if price of Fuel goes over X amount? A sample of this provision can be sent to the City from other similar contracts. Answer 4: Due to the extreme volatility that sometimes affects the fuel commodity market, it is not in the City's interest to include a mandatoryfuel price adjustment clause in the contract. However, should the contractor be unable to maintain its prices, due to unforeseen extreme economic changes, under the force majeure provisions of the contract the City will sit down with the contractor to negotiate a resolution. Question 5: Under the Florida Freedom of Information Act, can you provide the current price for the contract this ITB is replacing? Answer 5: Please see below: ESTIMATED TRIPS DAILY BUS RATE TOTAL CONTRACTOR 60 trips $405.00 $24,300 Need -A -Bus, LLC All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended. K ,! RA, C.P.M., CPPO, CPPB, CAP -OM Purchasing and Contracts Director 441-PO PALM BEACH GARDENS +! wugw place to live; lean, won* & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT INVITATION TO BID ITB NO.: ITB2014-034RC TITLE: TRANSPORTATION SERVICES (SUMMER CAMP) DUE DATE: FRIDAY, MARCH 21, 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@publimurchase.com: www.r)ublicourchase.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. ITB2014-034RC Transportation Services (Summer Camp) p 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 LEGAL ADVERTISEMENT INVITATION TO BID NO. ITB2014-034RC TRANSPORTATION SERVICES (SUMMER CAMP) The City of Palm Beach Gardens is seeking bids from qualified firms to provide transportation services for various trips and outings during Summer Camp, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. Invitation to Bid documents are available beginning Tuesday, February 18, at 8:00 a.m. local time on the City of Palm Beach Gardens website at http://www.pbgfi.com and following the link to the Purchasing webpage, or by contacting the City Clerk's Office at (561) 799-4121. Sealed bids must be clearly marked "ITB2014-034RC, Transportation Services (Summer Camp)" 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 Friday, March 21, 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. 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@pbgfl.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, February 16, 2014 Page 12 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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 20 4. Pricing Schedule 22 5. Acknowledgement of Addenda 24 6. Signature Page 25 7. Affidavits, Performance Bond Format, Letter of Credit Format 26 8. Draft Form of Agreement 35 9. Exhibits (if applicable) 38 Page 13 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. i. 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 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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 obligations shall be concluded by final written decision of the City Manager or designee, not Page 1 5 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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 Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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. IT82014-034RC Transportation Services (Summer Camp) 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. ITB2014-034RC Transportation Services (Summer camp) 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. ITB2014-034RC Transportation Services (Summer Camp) 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. ITB2014-034RC Transportation Services (Summer Camp) 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 1.40 h. Making internal practices, books, and records 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. SEVERABIL►TY 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 party hereby waives whatever its respective rights may have been in the selection of venue. 1.42 ATTORNEY'S 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 party 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 1 11 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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. ITB2014-034RC Transportation Services (Summer Camp) 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. ITB2014-034RC Transportation Services (Summer camp) 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. ITB2014-034RC Transportation Services (Summer Camp) 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 City of Palm Beach Gardens Invitation to Bid No. IT82014-034RC Transportation Services (Summer Camp) when received; however, facsimile and email 1.67 FISCAL FUNDING OUT transmissions received after 5:00 p.m. or on The City's obligation pursuant to any contract or weekends or holidays will be deemed received on agreement entered into in accordance with this the next business day. The original of the notice Solicitation is specifically contingent upon the must also be mailed to the receiving party. lawful appropriation of funds. Failure to lawfully appropriate funds for any contract or agreement Nothing contained in this section shall be awarded shall result in automatic termination of construed to restrict the transmission of routine the contract or agreement. communications between representatives of the successful Proposer and the City of Palm Beach Gardens. 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. Page 115 City of Palm Beach Gardens Invitation to Bid No. 1TB2014-034RC Transportation Services (Summer Camp) SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE The purpose of this solicitation is to establish a contract for the purchase of transportation services for various trips and outings during Summer Camp, 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: FIVE (5) YEARS The contract shall commence on the date of the duly executed Agreement, and shall remain in effect for five (5) year(s), contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the last month of the five (5)-year contract term. 2.5 OPTIONS TO RENEW Intentionally Omitted 2.6 METHOD OF AWARD: TO LOWEST PRICED BIDDER The City will award this contract to the responsive and responsible bidder who submits the lowest price to perform the services being awarded. 2.7 PRICES If the bidder is awarded a contract under this solicitation, the price offered by the bidder shall remain fixed and firm during the term of contract, except for any price adjustments that may be allowed elsewhere in this contract. 2.8 PRICE ADJUSTMENTS Intentionally Omitted 2.9 EXAMINATION OF CITY FACILITIES OR EQUIPMENT Intentionally Omitted 2.10 EQUAL PRODUCTS Intentionally Omitted 2.11 LIQUIDATED DAMAGES Intentionally Omitted 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 or designee. Page 116 city of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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. Bests 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. 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 Comprehensive Automobile Liability Insurance to include owned, non -owned, and hired, with minimum Limits of One Million Dollars ($1,000,000.00) each occurrence. iv. BODILY INJURY/PROPERTY DAMAGE Awarded bidder shall maintain minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. V. UMBRELLA POLICY Awarded bidder shall maintain an umbrella policy with limits not less than $2,000,000 per occurrence. 2.13 BID BOND/GUARANTY Intentionally Omitted Page 117 City of Palm Beach Gardens Invitation to Bid No. IT82014-034RC Transportation Services (Summer Camp) 2.14 PERFORMANCE BOND Intentionally Omitted 2.15 CERTIFICATIONS Intentionally Omitted 2.16 METHOD OF PAYMENT: PERIODIC INVOICES FOR COMPLETED TRIPS The awarded bidder shall submit an invoice to the City department after a trip project or services has been completed, and has been deemed acceptable by the City. The date of the invoice shall not exceed thirty (30) calendar days from the performance of the service. Under no circumstances shall the invoice be submitted to the City in advance of the performance of the work. The invoice shall contain the following basic information: the awarded bidder's name and address, invoice number, date of invoice, reference trip or outing, description of the service, the contract number, purchase order number, and any discounts. 2.17 DELIVERY REQUIREMENTS Intentionally Omitted 2.18 WARRANTY REQUIREMENTS Intentionally Omitted 2.19 ADDITIONAL SERVICES Although this solicitation and resultant contract identifies specific transportation services during the City's annual Summer Camp, and primarily for the Recreation Division, it is hereby agreed and understood that any City department or agency may utilize this contract, at the option of the City, for similar or related services that are not specific to the Summer Camp activities. The City may determine to obtain price quotes outside the contract for special trips and outings, and any related services, if the nature of such projects is not considered conducive to the established pricing structure in the contract, and in the opinion of the City should be priced separately. In such situations, the City will offer the first opportunity for a negotiated price to the awarded bidder under this contract. 2.20 CATALOGS AND PRICE LISTS Intentionally Omitted 2.21 CLEAN UP Intentionally Omitted 2.22 DEMONSTRATION OF EQUIPMENT Intentionally Omitted 2.23 HOURLY RATE Any hourly rate quoted shall be deemed to provide full compensation to the awarded bidder for labor, equipment use, travel time, and any other element of cost or price. This rate is assumed to be at straight -time for all labor, except as otherwise noted. Page 118 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 2.24 MOTOR VEHICLE LICENSE REQUIREMENT In accordance with applicable state law, bidders submitting a bid in conjunction with this solicitation must be licensed by the State of Florida to perform the required services as motor vehicle tour operators. All vehicles to be used to perform services under this contract must be properly licensed and insured. Bidders shall furnish copies of the required licenses with their bid submittal. Failure to meet this requirement may result in your bid not being considered for award. 2.25 PATENTS AND ROYALTIES Intentionally Omitted 2.26 PRE -CONSTRUCTION CONFERENCE Intentionally Omitted 2.27 RELEASE OF CLAIM REQUIRED Intentionally Omitted 2.28 SUB -CHARTERING No sub -chartering of the services required under this contract shall be allowed, without written permission of the City. Under certain special circumstances and emergencies, during the contract term, the City may allow the awarded bidder to sub -charter the services to meet additional demand, provided the sub -charter's staff and vehicles meet the requirements of this contract. The awarded bidder shall provide the City with a copy of the sub -charter's certificate of insurance listing the City of Palm Beach Gardens as additional insurqd. 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. Page 1 19 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) SECTION 3 SCOPE OF SERVICES 3.1 GENERAL REQUIREMENTS The bus service shall provide transportation for children's Summer Camp programs to various sites and locations throughout Palm Beach, Broward, Martin, Miami -Dade, and St. Lucie counties. 3.2 EQUIPMENT STANDARDS/REQUIREMENTS a. All buses provided for in this proposal must have passed the most recent Department of Transportation inspection, with all work performed by a certified mechanic. Vendor must have documentation of all inspections available upon request by the City of Palm Beach Gardens. All buses must have two way communications with their base station operation, first -aid equipment/supplies, as well as with the other buses on site. b. The type of buses should be School Bus or Coach Bus types, with air conditioning, and up to 61-passenger seating capacity. Buses shall be clean and free from any potential safety hazards. C. With the City's permission, the bus equipment may be left on City property overnight. The City waives any responsibility for any damages which may occur while the bus is left unattended and on City property. 3.3 EQUIPMENT MAINTENANCE The awarded bidder is responsible for any and all material, parts, labor, oil and fuel for the buses provided under this contract. The awarded bidder must provide on -call maintenance service in case of mechanical failure during times buses are operating on a trip or preparing to leave for a trip. Standby drivers and buses must be available and on site as requested by the City within two hours of notification if there is a mechanical problem with a bus. The City shall not be charged for a bus not used, due to a mechanical or other problem. 3.4 BACK UP SERVICES The awarded bidder shall have a written back-up plan in the event a bus breaks down during transportation. The plan must include the provision that if a field trip is cancelled due to a mechanical breakdown, or vehicular accident, the City shall not be charged for that trip. If the awarded bidder is unable to perform a service as scheduled, and the City is forced to utilize another method or contractor for transportation, the awarded bidder shall be responsible for paying all charges incurred. 3.5 BUS DRIVERS All drivers must have a valid State of Florida driver's license, which permits them to operate (CDL and/or Chauffer license) the vehicle provided. Prior to leaving the City site for a trip, the driver must complete and sign a vehicle inspection form indicating that the driver has determined that the vehicle is in safe operating condition. The driver shall have good communication skills, be familiar with trip locations, and be responsible for their own uniforms. Drivers shall be responsible for recording and reporting all pertinent information to the awarded bidder with regard to payroll, forms, etc. Drivers Page 120 City of Palm Beach Gardens Invitation to Bid No. IT82014-034RC Transportation Services (Summer tamp) shall not be represented in any manner as employees of the City of Palm Beach Gardens. b. Drivers must stay on site of field trip throughout the visit by the City until the trip returns to City site. At no time shall the bus leave the trip site, unless the trip has been designated by the Camp Director in writing to the driver as a "shuttle service" trip. 3.6 CRIMINAL BACKGROUND CHECK/SCREENING EQUIREMENTS The awarded bidder shall have all of its agents, licensees, invitees, employees, sub -contractors, and material/suppliers submit to a criminal background check/screening in such form and fashion as is acceptable to the City, at the City's sole discretion, prior to any of the awarded bidder's personnel entering and or commencing services under this contract, regardless of whether the City has provided the awarded bidder with a purchase order. The awarded bidder shall be responsible for all costs associated with such screening and back ground checks. The City reserves the right, but not the obligation, to preclude any of the awarded bidder's staff or subcontractors from performing services under this contract, as a result of such screening/criminal back ground check regardless of the results of the screening /background check. The awarded bidder recognizes and agrees that the transportation services are sensitive in nature due to security concerns; this provision is a material inducement of the City entering into this contract with the awarded bidder. Nothing herein, however, shall confer any liability on the part of the City as a result of this provision in the contract. Each party who has been screened shall have identification with a clearance tag before entering City premises to perform any transportation or related services. Further the awarded bidder shall provide a listing of all persons authorized to perform services under this contract as evidence of such clearance prior to entering onto the City's properties. 3.7 SCHEDULING REQUIREMENTS a. Buses will be scheduled for trips from approximately 9:OOam — 4:30pm daily. The City may require either one or two (1 or 2) buses on a daily basis. The City will notify the awarded bidder in advance of the specific number of buses for each trip. If buses are late arriving to base camp site, City, at its sole discretion, may deduct from any payment due to the awarded bidder, an hourly rate, for each hour the bus or buses are late. 3.8 CANCELLATION POLICY The City shall have the right to cancel any request or reservation at least 24 hours prior to the start of the trip. The awarded bidder shall not charge the City for such cancellations. Late cancellations shall be charged at the rate established by the awarded bidder in the contract rates and fees. There shall be no charge for reservations or trips that are re -scheduled for later date and time that are no further than 48 hours into the future. Page 121 SECTION 4 PRICING SCHEDULE 4.1 PRICES AND RATES City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) Bidders shall indicate a daily rate, per bus fee, including driver, maintenance and operation, and all other charges associated with providing the required services as outlined within the Scope of Services ESTIMATED DESCRIPTION ANNUAL ITEM (TYPE OF VEHICLE) TRIPS 13Aj(RATE PER BUS PRICE 1. 61-Passenger Bus 40 $ $ 2. Vans or Less Than 61- 20 $ $ Passenger Bus TOTAL $ 4.2 LIST VEHICLES AVAILABLE TO PERFORM SERVICES UNDER THIS CONTRACT ITEM D St IPT�ON OF VEHICLE MODEL, PASSENGER CAPACITY) 1i4G; NUMBER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Page 122 4.3 CONTRACT REPRESENTATIVES/POINTS OF CONTACT a. Regular Work Hours: Name: Telephone: E-Mail: b. After Hours, Weekends, and Holidays: Name: Telephone: E-Mail: Page 123 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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 124 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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 125 City of Palm Beach Gardens Invitation to Bid No. ITB2014.034RC Transportation Services (Summer Camp) 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) Page 126 aaty of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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 (S%) 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 127 City of Palm Beach Gardens Invitation to Bid No. n'82014-034RC Transportation Services (Summer Camp) 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 128 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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: Firm Name Signature Name and Title (Print or Type) Date Page 129 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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. Subscribed and sworn to (or affirmed) before me this day of who is personally known to as identification SEAL Page 130 Notary Signature_ Notary Name: Notary Public (State): My Commission No: _ Expires on: Signature 2013, by me or who has produced City of Palm Beach Gardens Invitation to Bid No. ITS2014-034RC Transportation Services (Summer Camp) 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 ($ 1 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 completion arranged under this paragraph) sufficient funds to pay the cost of completion less Page 131 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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 132 (Principal) (Seal) (Title) (Name of Insurer) Surety (Seal) By: (Attorney -in -Fact) City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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) (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 CREDIT AND UPON PRESENTATION IT IS WRONGFULLY DISHONORED BY THE BANK, THE BANK AGREES Page 133 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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) {City, State, Zip} 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 r� 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 Bank} w {Nai {Titl Page 134 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (summer Camp) 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. rTci*tU *I,U 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 135 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) 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: Attn.: 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. ARTICLE 5. 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 136 City of Palm Beach Gardens Invitation to Bid No. ITB2014-034RC Transportation Services (Summer Camp) IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. CITY OF PALM BEACH GARDENS, FLORIDA [SEAL] By: ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney In Print Name: Title: WITNESS: By: Print Name: Page 137 Ronald M. Ferris, City Manager SECTION 9 EXHIBITS None. Page 138 City of Palm Beach Gardens Invitation to Bid No. IT82014-034RC Transportation Services (Summer Camp) Geed-� �u ITB# 2014-034RC due: March 21, 2014 Transportation Services (Summer Camp) City of Palm Beach Gardens Recreation Department / Summer Camp 2012 attn: Catherine Dye 10500 North Military Trail Palm Beach Gardens, FL 33410 submitted by: Coastal Bus 8c Charter Lines, LLC dba Need -A -Bus 2560 Old Military Trail West Palm Beach, Florida 33417 www.oeed-s-bus.com S61.6B2.3110 March 21, 2014 ITB# 2014-034RC Su nrmer Camp Bus Service letter of transmittal Coastal Bus & Charter Lines, LLC (dba Need -A -Bus) respectfully submits this proposal to provide transportation services for the City of Palm Beach Gardens' Recreation Department in reference to Summer Camp. We are a fully licensed, insured and DOT compliant company offering a variety of transportation options to the Florida market. Need -A -Bus, it's officers and employees do and will comply with all local, county, state and national rules, regulations, ordinances and any and all applicable laws governing the operation of a transportation company within Florida and the United States. In addition, Need -A -Bus currently exceeds all insurance requirements stated in the RFP Need -A -Bus recognizes the parameters of daily service described in the RFP. We also accept the Services Terms & Conditions as presented. This proposal and it's contents are designed to meet the specific requirements of the ITB# 2014-034RC issued by the City of Palm Beach Gardens - it is in no way a finalized agreement between Need -A -Bus and the City. As part of the normal business process, any and all details can be adjusted, tweaked, clarified and finalized during negotiations. Thank you for allowing us to submit this proposal. Joe DeMastry President Need -A -Bus 2560 Old Military Trail, West Palm Beach, FL 33417 needabusinfo@atc.net - Fax: 561.478.6352 Nees- -Bus ITB# 2014-034RC Transportation Services (Summer Camp) the service Need -A -Bus is prepared to operate clean, well maintained buses 5 days per week to accommodate the Palm Beach Gardens Summer Camp program. We have a large fleet of vehicles and can supply the buses and driver's as requested and required. Our daily price is and "average" price taking into consideration that some trips are longer than others. As the provider of bus service to the City of Palm Beach Garden's recreation department for the past 4 years, we understand your needs and would like the opportunity to continue our relationship with the City. Qualifications and Experience Need -A -Bus was established and incorporated in July, 2008. During this period, we have provided excellent service to clients of all types. We currently maintain contracts and provide fixed route shuttle service for three (3) adult communities, have a contracts with 2 local charter schools for daily transportation and provide summer camp transportation to 7 summer camp programs including yours. We also operate charter service, air and seaport transfers, school field trips and excursions to many Florida locations and cities. Although Need -A -Bus is a relatively new company, I have been in the transportation business since 2002. During that time I have run school, transit, shuttle and charter buses for many organizations, companies, schools and private clients. In addition to the daily operations, driver supervision and sales, I have had extensive, hands-on experience in developing, implementing and maintaining routes for several private schools, an extensive 2 location after school and camp program as well as fixed local routes for adult communities. In addition, I coordinated a 24 hour/7-day per week employee shuttle for Florida Power & Light. As an individual, I have created a reputation for fair pricing, excellent service, 24/7-dedication to my clients and the ability to listen, adapt and help clients find the best way to satisfy their transportation needs. Meeting and exceeding expectations is part of what I, and we do. During our 5+ years, we have also established and maintained an excellent credit and financial rating as a company. We were able to secure start up funding and equipment loans in one of the toughest economic climates and continue to grow and succeed. Need -Li -Bus . City of Palm Beach Gardens transportation proposal page 2 the vehicles Based on the requirements specified by the ITB we will utilize 2 (two) full-size school buses for the summer camp program. All our buses are A/C equipped and seat from 65-84 children. We also operate 47 & 55 passenger full-size coach buses and 25-36 passenger mini -buses. In the past, we have substituted 2 mini -buses in the place of a full size school bus at the same daily rate. Our entire fleet is professionally maintained and are DOT certified and inspected. In the rare case when equipment does fail, we can guaraantee a replacement bus to be in place within 60 minutes within the local area. For trips to St. Lucie, Dade and parts of Broward County, we can guarantee a replacement withing 90 minutes. We are prepared to offer the City a credit (as stated in the Invitation to Bid) if we can not fulfill our obligation and to utilize subcontractors, at our expense and with permission, if an emergency should arise. Credit will also be given for late arrivals or "missed" spot times. the cost The cost - based on 60 trips - for the summer would be: $405 per day per bus. This price includes all fuel, driver hours, benefits, associated taxes, bus costs as well as maintenance, insurance and operations. This is a fixed rate and is not subject to any increases, decreases or surcharges and will be honored within the terms of Summer Camp 2014. We are also willing to enter into a multiple (up to 5) year contract with the City at this fixed price allowing for a fuel adjustment clause that mirrors the "true time" cost of fuel as it fluctuates. Fuel "baseline" and assessment fees. Need -A -Bus reserves the right to assess the City of Palm Beach Gardens a fee of $3 per day per bus if the price of fuel rises above $4.25 per gallon (based on the fuel rates paid by Need -A -Bus). A corresponding increase of $3 per day per bus will be assessed for each additional increases of $0.25 per gallon above $4.25. Correspondingly, if the price of fuel drops below $3.50 per gallon, we will issue a credit to Covered Bridge following the same formula as the assessment for increasing fuel prices. Any Fuel assessment or credit would apply to years 2 thru 5 of the contract only. Need -A -Bus • City of Palm Bea0h Gardans transportation proposal page 3 the drivers Need -A -Bus drivers meet or exceed all DOT requirements, undergo background checks, and, must meet our insurance providers stringent requirements. In addition, all drivers are pre-screened for drug and alcohol and are part of a random drug testing pool which is administered by a third party. We require all drivers to possess a class B CDL with passenger and air brake endorsements. the insurance Need -A -Bus carries more than the required amount of insurance as dictated by the DOT. Our current liability policy is set at $5,000,000 thru an A- rated carrier. We can add The City of Palm Beach Gardens as an additional insured party on the policy if required. the Need -A -Bus operation We have already given you some idea as to how we operate as a business. All Need -A -Bus drivers carry cell phones so we can remain in contact with them as required. Daily vehicle inspections are conducted by the driver before leaving on any trip and our vehicles are maintained at the highest possible levels. We follow all manufacturer's recommended service intervals and all our buses undergo annual DOT inspection and review. Our goal is to be professional, safe and accommodating while providing the highest quality transportation for the best possible value. parking and storage It is our understanding that we will be permitted to park a bus at the City facilities in Palm Beach Gardens of Burns Road - we may or may not excercis this perk. conflicts of interest Based on the criteria provided in the RFP, we do not have any conflicts of interest with Florida Power & Light Company, it's officers or employees. cancellation policy There will be no cancellation penalties if the City needs to cancel a bus as long as at least 24 hour notice is given. Anything within the 24 hour window can be negotiated. references Golden Lakes A Operations Director 1700 Golden Lakes Blvd. West Palm Beach, FL 33411 561-689-2142 Need -A -Bus - City of Palm Beach Gardens transportation proposal page 4 Friends of Gumbo Limbo Michele Peel 1801 N. Ocean Blvd. Boca Raton, FL 33432 (561) 213-7887 Learning Path Acedemy Isis Rosso, Director of Operations 1340 Kenwood Road West Palm Beach, FL 33401 561-444-9832 our fleet see attached list our thanks We sincerely hope this proposal meets with your approval ... we are excited about the opportunity to work with the City of Palm Beach Gardens (again) and realize this could be the continuation of a wonderful business relationship. Please, do not hesitate to call if you need clarification, have additional questions or require more information. Thank you again for your time and consideration. Joe DeMastry - president �H��ed--E3us Coastal Bus & Charter Lines, LLC dba: Need -A -Bus 2560 Old Military Trail West Palm Beach, FL 33417 561.841.4100 - 561.313.6631 - cell 561,841.4600 - fax Need -A -Bus Vehicle Inventory Unit # Year/make/size/type capacity license plate mini buses 503 2008 Chevy/Goshen GCII 25 M 132KA 504 2008 Chevy/El Dorado Passposrt 26 - lift BBAY46 505 2008 Chevy/El Dorado Nat.Trans Elite 36/28 lugg. 031XTL 506 2013 International/Goshen Sentinel 36/28 lugg ALRVO1 507 2010 Chevy/Goshen GCII 36/28 lugg 939TLA coach buses 801 1997 MCI 102DL3 55 lugg. AVZH67 802 1998 MCI 102DL3ss 55 lugg. BIEY91 803 1997 MCI 102DL3ss 55 lugg. 941 PGM 804 1995 MCI 102133 w/lift 47 lugg. 716QGP school buses child / adult 301 2006 Blue Bird AAFE 84156 MIK68M 303 2006 Blue Bird AARE 78 / 52 AVQH69 305 2012 Blue Bird Vision 65 / 43 MIK60X 306 1998 Freightliner/Thomas 65 / 43 MIM99P 307 2001 Freightliner/Thomas 65 / 43 MIMOOQ 308 2001 Freightliner/Thomas 71 / 47 CMER04 309 2001 Thomas MVP 72 / 48 CMET38 310 2004Thomas HDX 72 / 48 MIM95P 311 2005 Thomas HDX 72 / 48 MIM96P 1 P�-O- r PALM BEACH GARDENS *A 1101yup lrlaw io 11W, lcarw. µ(Wk d #10"' The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PURCHASING DEPARTMENT INVITATION TO BID ITS NO.: ITB2014-034RC TITLE: TRANSPORTATION SERVICES (SUMMER CAMP) DUE DATE: FRIDAY, MARCH 21, 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 Isupport@publicipurchase-comi 1www.pubficourchase.com or call 801-932-7000 for additional information on registration; b) DemandStar - Please contact DemandStar at www.d mand muamor 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 htt www. b .cam con n 72 1248 efault.as x 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 aiFtmra@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. I1`82014.034RC TranspwUtlon services (Summer Camp) SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE DY The purpose of this solicitation is to establish a contract for the purchase of transportation 17 services for various trips and outings during Summer Camp, 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: FIVE (5) YEARS V. The contract shall commence on the date of the duly executed Agreement, and shall remain in effect for five (5) year(s), contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the last month of the five (5)-year contract term. 2.5 OPTIONS TO RENEW Intentionally Omitted 2.6 METHOD OF AWARD: TO LOWEST PRICED BIDDER 0y- The City will award this contract to the responsive and responsible bidder who submits the I lowest price to perform the services being awarded. 2.7 PRICES If the bidder is awarded a contract under this solicitation, the price offered by the bidder shall remain fixed and firm during the term of contract, except for any price adjustments that may be allowed elsewhere in this contract. 2.8 PRICE ADJUSTMENTS Intentionally Omitted 2.9 EXAMINATION OF CITY FACILITIES OR EQUIPMENT Intentionally Omitted 2.10 EQUAL PRODUCTS Intentionally Omitted 2.11 LIQUIDATED DAMAGES Intentionally Omitted 2.12 INSURANCE O 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 or designee. Page 116 City of palm Beach Gardens Invitation to Bid No. 178201"34RC Transportation services (SummOr Camp) 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. Bests 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. 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: i. 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 Comprehensive Automobile Liability Insurance to include owned, non -owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00) each occurrence. iv. BODILY INJURY/PROPERTY DAMAGE Awarded bidder shall maintain minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. V. UMBRELLA POLICY Awarded bidder shall maintain an umbrella policy with limits not less than $2,000,000 per occurrence. 2.13 BID BOND/GUARANTY Intentionally Omitted Page 117 City of Palm Beach Gardens Invitation to Bid No.1T82014-034RC Transportation services (summer Camp) 2.14 PERFORMANCE BOND Intentionally Omitted 2.15 CERTIFICATIONS Intentionally Omitted 2.16 METHOD OF PAYMENT: PERIODIC INVOICES FOR COMPLETED TRIPS ,F The awarded bidder shall submit an invoice to the City department after a trip project or �.� services has been completed, and has been deemed acceptable by the City. The date of the invoice shall not exceed thirty (30) calendar days from the performance of the service. Under no circumstances shall the invoice be submitted to the City in advance of the performance of the work. The invoice shall contain the following basic information: the awarded bidder's name and address, invoice number, date of invoice, reference trip or outing, description of the service, the contract number, purchase order number, and any discounts. 2.17 DELIVERY REQUIREMENTS Intentionally Omitted 2.18 WARRANTY REQUIREMENTS Intentionally Omitted 2.19 ADDITIONAL SERVICES Although this solicitation and resultant contract identifies specific transportation services during the City's annual Summer Camp, and primarily for the Recreation Division, it is hereby agreed and understood that any City department or agency may utilize this contract, at the option of the City, for similar or related services that are not specific to the Summer Camp activities. The City may determine to obtain price quotes outside the contract for special trips and outings, and any related services, if the nature of such projects is not considered conducive to the established pricing structure in the contract, and in the opinion of the City should be priced separately. In such situations, the City will offer the first opportunity for a negotiated price to the awarded bidder under this contract. 2.20 CATALOGS AND PRICE LISTS Intentionally Omitted 2.21 CLEAN UP Intentionally Omitted 2.22 DEMONSTRATION OF EQUIPMENT Intentionally Omitted 2.23 HOURLY RATE Any hourly rate quoted shall be deemed to provide full compensation to the awarded bidder for D y, labor, equipment use, travel time, and any other element of cost or price. This rate is assumed to be at straight -time for all labor, except as otherwise noted. Page 1 18 City of Palm Beach Gardens Invitation to Bid No. r B2014-034RC Transportation services (Summer Camp) 2.24 MOTOR VEHICLE LICENSE REQUIREMENT In accordance with applicable state law, bidders submitting a bid in conjunction with this �V solicitation must be licensed by the State of Florida to perform the required services as motor vehicle tour operators. All vehicles to be used to perform services under this contract must be properly licensed and insured. Bidders shall furnish copies of the required licenses with their bid submittal. Failure to meet this requirement may result in your bid not being considered for award. 2.25 PATENTS AND ROYALTIES Intentionally Omitted 2.26 PRE -CONSTRUCTION CONFERENCE Intentionally Omitted 2.27 RELEASE OF CLAIM REQUIRED Intentionally Omitted 2.28 SUB -CHARTERING No sub -chartering of the services required under this contract shall be allowed, without written 6 permission of the City. Under certain special circumstances and emergencies, during the >� contract term, the City may allow the awarded bidder to sub -charter the services to meet additional demand, provided the sub -charter's staff and vehicles meet the requirements of this contract. The awarded bidder shall provide the City with a copy of the sub -charter's certificate of insurance listing the City of Palm Beach Gardens as additional insured. 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. Page 1 19 city of Palm Beach Gardens Invitation to Bid No. IT62014-034RC Transportation Services (Summer camp) SECTION 3 SCOPE OF SERVICES 3.1 GENERAL REQUIREMENTS 6* The bus service shall provide transportation for children's Summer Camp programs to various AV sites and locations throughout Palm Beach, Broward, Martin, Miami -Dade, and St. Lucie counties. 3.2 EQUIPMENT STAN DARDS/REQUIREM ENTS a. All buses provided for in this proposal must have passed the most recent Department of r1 Transportation inspection, with all work performed by a certified mechanic. Vendor must have documentation of all inspections available upon request by the City of Palm Beach Gardens. All buses must have two way communications with their base station operation, first -aid equipment/supplies, as well as with the other buses on site. b. The type of buses should be School Bus or Coach Bus types, with air conditioning, and up to 61-passenger seating capacity. Buses shall be clean and free from any potential safety hazards. C. With the City's permission, the bus equipment may be left on City property overnight. The City waives any responsibility for any damages which may occur while the bus is left unattended and on City property. 3.3 EQUIPMENT MAINTENANCE as The awarded bidder is responsible for any and all material, parts, labor, oil and fuel for the buses provided under this contract. The awarded bidder must provide on -call maintenance service in case of mechanical failure during times buses are operating on a trip or preparing to leave for a trip. Standby drivers and buses must be available and on site as requested by the City within two hours of notification if there is a mechanical problem with a bus. The City shall not be charged for a bus not used, due to a mechanical or other problem. 3.4 BACK UP SERVICES D%, The awarded bidder shall have a written back-up plan in the event a bus breaks down during transportation. The plan must include the provision that if a field trip is cancelled due to a mechanical breakdown, or vehicular accident, the City shall not be charged for that trip. If the awarded bidder is unable to perform a service as scheduled, and the City is forced to utilize another method or contractor for transportation, the awarded bidder shall be responsible for paying all charges incurred. 3.5 BUS DRIVERS aw a. All drivers must have a valid State of Florida driver's license, which permits them to operate (CDL and/or Chauffer license) the vehicle provided. Prior to leaving the City site j for a trip, the driver must complete and sign a vehicle inspection form indicating that the driver has determined that the vehicle is in safe operating condition. The driver shall have good communication skills, be familiar with trip locations, and be responsible for their own uniforms. Drivers shall be responsible for recording and reporting all pertinent information to the awarded bidder with regard to payroll, forms, etc. Drivers Page 120 City of Palm Beach Gardens Invitation to Bid No. ITS2014-034RC Transportation Services (Summer Camp) shall not be represented in any manner as employees of the City of Palm Beach Gardens. b. Drivers must stay on site of field trip throughout the visit by the City until the trip returns to City site. At no time shall the bus leave the trip site, unless the trip has been designated by the Camp Director in writing to the driver as a "shuttle service" trip. 3.6 CRIMINAL BACKGROUND CHECK SCREENING EQUIREMENTS The awarded bidder shall have all of its agents, licensees, invitees, employees, sub -contractors, and material/suppliers submit to a criminal background check/screening in such form and fashion as is acceptable to the City, at the City's sole discretion, prior to any of the awarded bidder's personnel entering and or commencing services under this contract, regardless of whether the City has provided the awarded bidder with a purchase order. The awarded bidder shall be responsible far all costs associated with such screening and back ground checks. The City reserves the right, but not the obligation, to preclude any of the awarded bidder's staff or subcontractors from performing services under this contract, as a result of such screening/criminal back ground check regardless of the results of the screening /background check. The awarded bidder recognizes and agrees that the transportation services are sensitive in nature due to security concerns; this provision is a material inducement of the City entering into this contract with the awarded bidder. Nothing herein, however, shall confer any liability on the part of the City as a result of this provision in the contract. Each party who has been screened shall have identification with a clearance tag before entering City premises to perform any transportation or related services. Further the awarded bidder shall provide a listing of all persons authorized to perform services under this contract as evidence of such clearance prior to entering onto the City's properties. 3.7 SCHEDULING REQUIREMENTS o� a. Buses will be scheduled for trips from approximately 9:00am — 4:30pm daily. b. The City may require either one or two (1 or 2) buses on a daily basis. The City will notify the awarded bidder in advance of the specific number of buses for each trip. C. If buses are late arriving to base camp site, City, at its sole discretion, may deduct from any payment due to the awarded bidder, an hourly rate, for each hour the bus or buses are late. 3.8 CANCELLATION POLICY oy The City shall have the right to cancel any request or reservation at least 24 hours prior to the start of the trip. The awarded bidder shall not charge the City for such cancellations. Late cancellations shall be charged at the rate established by the awarded bidder in the contract rates and fees. There shall be no charge for reservations or trips that are re -scheduled for later date and time that are no further than 48 hours into the future. Page 121 City of Palm Beach Gardens Invitation to Bid No. ITS2014-034RC Transportation Services (Summer Camp) SECTION 4 PRICING SCHEDULE 4.1 PRICES AND RATES Bidders shall indicate a daily rate, per bus fee, including driver, maintenance and operation, and all other charges associated with providing the required services as outlined within the Scope of Services ESTIMATED DESCRIPTION ANNUAL ITEM (TYPE OF VEHICLE) TRIPS DAILY RATE PER BUS PRICE 1. 61-Passenger Bus 40 $ Li t� � � $ ( 4� Zoo 2. Vans or Less Than 61- 20 $ '486" •- $L9t Passenger Bus TOTAL $ a�'U 4.2 LIST VEHICLES AVAILABLE TO PERFORM SERVICES UNDER THIS CONTRACT ITEM DESCRIPTION OF VEHICLE (MAKE, MODEL, PASSENGER CAPACITY) TAG NUMBER 2. 3. 1 k 4. S. 6. 7 I i 8. 9. 10. 1 Page 122 Need -A -Bus Vehicle inventory Unit # Year/make/size/type capacity license plate mini buses 503 2008 Chevy/Goshen GCII 25 M 132KA 504 2008 Chevy/El Dorado Passposrt 26 - lift BBAY46 505 2008 Chevy/El Dorado Nat.Trans Elite 36/28 lugg. 031XTL 506 2013 International/Goshen Sentinel 36/28 lugg ALRVO1 507 2010 Chevy/Goshen GCII 36/28 lugg 939TLA coach buses 801 1997 MCI 102DL3 55 lugg. AVZH67 802 1998 MCI 102DL3ss 55 lugg. BIEY91 803 1997 MCI 102DL3ss 55 lugg. 941PGM 804 1995 MCI 102D3 w/lift 47 lugg. 716QGP school buses child / adult 301 2006 Blue Bird AAFE 84 / 56 MIK68M 303 2006 Blue Bird AARE 78 / 52 AVQH69 305 2012 Blue Bird Vision 65 143 MIK60X 306 1998 Freightliner/Thomas 65 / 43 MIM99P 307 2001 Freightliner/Thomas 65 / 43 MIMOOQ 308 2001 Freightliner/Thomas 71 / 47 CMER04 309 2001 Thomas MVP 72148 CMET38 310 2004Thomas HDX 72 / 48 MIM95P 311 2005 Thomas HDX 72 / 48 MIM96P City of palm Beach Gardens Invitation to Bid No. RB2014-034RC Transportation Services (Summer Camp) 4.3 CONTRACT REPRESENTATIVES/POINTS OF CONTACT Regular Work Hours; y Name: =? Telephone:.:--�li#`rQ E-Mail: ttxsk►*� icy rte- .. After Hours, Wek�trrs; Name: Telephone: t— all 3° 4431 E-Mail: Page 123 City of Palm Reach Gardens Invitation to Bid No.1TB2014-034RC Transportation Services (Sumner Camp) SECTION S ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART l: 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 #S, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated Addendum #9, Dated Addendum #10, Dated PART It: FC-t'NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION Firm Name Signature ,�- Name and Title (Print or Type) Date Page 124 city of Palm Beach Gardens Invitation to Bid No. IT82014-034RC Transportation Services (Summer Camp) 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: u"9- A - Street Address: Mailing Address (if different than Street Address): Telephone Number(s): 6Z 1- 'alp 44 lob Fax Number(s):"' ° Email Address: Federal Employer Identification Number: 503111) _ Prompt Payment Terms: N10 % days' net days Signature: (5ignature of authorized agent) Print Name: i 1 4 Title: - - -- p;Y>.S=w 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 125 City of palm Beach Gardens Invitation to Bid No. iTB2014-03411C Transportation Services (summer Camp) 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) Page 126 City of Palm Beach Gardens Invitation to Bid No. IT62014.034RC Transportation Services (summer Camp) 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: 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 r 1 oAAjt Name and Title (Print or Type) Date Page 127 city of Palm Beach Gardens Invitation to Bid No. ITS2014-034RC Transportation Services (Summer Camp) NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statures, 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: ,L'2- A - Firm Name Signature Name and Title (Print or Type) Date Page 128 City of Palm Beach Gardens Invitation to Bid No. ITS2014-034RC Transportation Services (Summer Camp) DRUG -FREE WORKPLACE ?1Jee, 9-A- QbJ.5 ----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: Firm Name Signature Name and Title (Print or Type) Date Page 129 City of Palm Beach Gardens Invitation to Sid No. rrB2014-034RC Transportation services (Summer Camp) NON -COLLUSION AFFIDAVIT STATE OF _ f COUNTY OF I— 640JA Before me, the undersigned authority, personally appeared , Lm*, who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He/She is 9-111!4+ of { the bidder x 9!k f } that has submitted a bid to perform work for the following: ITB No.• 'ZO(tA' A34(C- Title: i"t> r ► 2.6 (54'..ea r_*_.) 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. - --�__ZzSignature Subscribed and sworn to (or affirmed) before me this day of'�` 2013, by SIa who is personally known to me or has produced �1� A y0 0- y 1-0 as identification. SEAL NotarySignature Notary Name: M.40ir ►v,ollkt; (1e;SS Noi„ y Publa Slat& of Fio.ida Notary Public (State): Fd o r; elA Mery Moshe Weiss My Commission No: ff 4 2 t o. MY C=-R"w FF 001064 ENwasotfowols Expireson: 11/ l ' 011 Page 130 City of Palm Beach Gardens ITB2014-034RC Transportation Services (Summer Camp) EXHIBIT "B" PRICING SCHEDULE ITEM DESCRIPTION ESTIMATED ANNUAL TRIPS DAILY RATE PER BUS AMOUNT 1. 61-Passenger Bus 40 $405 $16,200 2. 1 Vans, or Less Than 61-Passenger Bus 1 20 $405 $8,100 TOTAL: $24,300 3. Regular and After -Hours Contact: Joe DeMastry (561) 313-6631 need abus info(a)-aft. net 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: May 1, 2014 Resolution 27, 2014 Subject/Agenda Item: Resolution 27, 2014 — Legacy Place Planned Community Development (PCD) Public Hearing and Consideration for Approval: A request by GLL Partners to exceed the maximum number of special events permitted by Section 78-187 of the City Code. The Legacy Place Planned Community Development (PCD) is located on the southwest corner of PGA Boulevard and Fairchild Gardens Avenue. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by:, Originating Dept.: Finance: City Council Action: Director of Planning & Planning & Zoning: Accountant I Approval Zoning Project t Manager ]Approved w/ A)c Tamishbeen Rahman, Planner 11 Conditions ]Denial Continued to: ' Ra Tres Thomas Fees Paid: N/A Natalie M. Crowley, AICP Quasi — Judicial Development Funding Source: Legislative Public Hearing Operating [X] Other N/A Bahareh Wolfs, AIC Advertised: Attachments: Cit At r F [ ]Required jX] Not Required Budget Acct.#: N/A * Development Application Contract/Agreement: * Resolution 27, 2014 R/Max L�fiman, Esq. Approved By: Effective Date: City Manager Affected parties: N/A Notified- [X] Not Required Expiration Date: N/A kolyl'ajM. I.9-11-ris Meeting Date: May 1, 2014 Resolution 27, 2014 Page 2 of 3 EXECUTIVE SUMMARY The subject request allows the shopping center at Legacy Place PCD to have more than four (4) special events per calendar year at one (1) location, and more than twelve (12) special events overall per calendar year, which is the maximum allowed by City Code unless otherwise approved by City Council. Staff supports the Applicant's request for seven (7) additional special events for a total of 19 special events, and 11 events at one (1) location for the calendar years 2014 and 2015. On May 3, 2001, the City Council adopted Ordinance 10, 2001, approving the rezoning of approximately 74 acres of land from Planned Development Area (PDA) to Planned Community Development (PCD) and the master site plan for Legacy Place. On July 1, 2004, the City Council adopted Resolution 129, 2004, approving an amendment to the site • to • the construction • a mixed -use development consisting • 399,000 • feet • • space and •# • feet • office space. On August 4, 2005, the City Council adopted Resolution 108, 2005, approving an amendment to Resolution 89, 2005 to specify certain times for the installation of art in public places and to amend certain conditions of approval related to landscaping. On September 6, 2006, the City Council adopted Resolution 94, 2006, approving the elimination of certain conditions of approval related to the provision of shared parking in the PCD. On August 20, 2009, the City Council adopted Resolution 35, 2009, approving the placement of 58 banners in the commercial portion of the PCD. On August 9, 2012, the City Council adopted Resolution 77, 2012, approving two (2) additional special events for a total of six (6) events at one (1) location each year, and five (5) additional special events for a total of 17 events each year for the calendar years 2012 and 2013. Site Details The subject PCD is approximately 74 acres in size and is located on the southwest corner of PGA Boulevard and Fairchild Gardens Avenue, The site has vehicular access from PGA Boulevard, Fairchild Gardens Avenue, and Alternate AIA. Meeting Date: May 1, 2014 Resolution 27, 2014 Page 3 of 3 Subject Request City Code Section 78-187, Special Events, establishes the maximum number of special events a business, tenant, or plaza is permitted to have each calendar year. The Code states that "...no more than four (4) special events every calendar year shall be held by any applicant at one (1) location, unless otherwise approved by the City Council...". The Code also states that commercial plazas with "eleven (11) tenants or more are permitted twelve (12) special events per calendar year." The Applicant is requesting approval of seven (7) additional special events for a total of 19 special events, and 11 events at one (1) location for the calendar years 2014 and 2015. Five (5) events have been held thus far in 2014. Attached to Resolution 27, 2014 as Exhibit "B" is the tentative schedule of events at Legacy Place for the years 2014 and 2015 with event descriptions. Staff Analysis Staff is supportive of the additional number of special events for the shopping center at Legacy Place PCD. All of the proposed events will take place within the PCD. There are multiple access points from PGA Boulevard, Alternate AlA, and Fairchild Gardens Avenue, which provides patrons visiting the site various options to enter and exit easily, and no events are anticipated to require special traffic circulation allowances. The shopping center at Legacy Place is approved for 2,049 parking spaces, so the subject parcel has sufficient parking spaces to accommodate attendees within the site. Furthermore, all of the special events will still require a Special Event permit. In addition, each of the events is open to the public and will be an overall benefit to the community at large. Some of the proposed events will provide patrons the opportunity to donate to various charities in the area. Lastly, many of the events listed constitute a special event by the City Code, but are small-scale, local events that will only impact certain areas of the Legacy Place PCD. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 27, 2014 as presented with the following conditions of approval: 1. A complete Special Events permit application and applicable fee shall be submitted for each individual event for review by the City. No event shall take place prior to the issuance of a Special Event Permit. (Planning and Zoning) ' 2. The special events shall occur in accordance with the schedule of events submitted for the calendar years 2014 and 2015. Any modifications to the events listed on the schedule shall be approved by the Director of Planning and Zoning. (Planning and Zoning) CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION 1,4 15(2-1y- o,� - r 0099 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: j jPlanned Community Development (PCD) j jPlanned Unit Development (PUD) (_jAmendment to PCD, PUD or Site Plan nConditional Use [IAmendment to the Comprehensive Plan FAdministrative Approval j jAdministrative Appeal j-Annexation (-Rezoning 1 jSite Plan Review j-;Concurrency Certificate [7'Time Extension 'Miscellaneous jOther I Date Submitted: Project Name: LEA Owner: r, L L. PA-T N E P'S Applicant (if notOwner): /ta Applicant's Address: 1 Agent: I—C- 6 Ad oneNo. 5-6/ - 776- �Oa W. Contact Person: J t7a m pl �. 011 ri E-Mail: Ono i 14l r Ct.ET� Agent's Mailing Address: Agent's TelephoneNumber: i "` % 7& i? � Petition Number: Fees Received Application $ Receipt Number: Date& Time Received: Engineering$ CpF PAIjW8CHGONS FEB 20 2014 PLANNING & \�N/NG Architect: Engineer: Planner: LandscapeArchitect: Site Information: General Location: P&A Address:, Section: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details., V 1 61 LAID. -:N�u-M f� i OC t re Im Id /- Township: Range: 0 & — �0 - 00000 ?!roperty Control Number(s): r - '+ 3 '+a� 00 L.:P'Ghc'?L_ftCF_-- Parcel 1 A portion of Parcel 1, as shown on the plat of Legacy, Place, recorded in Plat Book 90, pages 119 through 12l, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the southwest corner of said Parcel 1; thence North 14*05'27" West along the west line of said Parcel 1, a distance of 480.95 feet to the point of beginning of the hereinafter described Parcel; thence continue along said West fine North 14*05'27" West, a distance of 79.39 feet thence North 00*22"I5" West a distance of 158.35 feet; thence North 12*6522" West a distance of 394.58 feet thence North 32*39'36" East, a ----distance-of-6819-fee4—thence-North75*4'02!LEast7-a-distance-of-246-.67feet-"t—point-of-curraWre-of-a, curve concave to the northwest having a radius of 746.06 feet and a central angle of 89'45'151'; thence northeasterly along the arc of said curve, a distance of 1168,71 feet to the point of tangency; thence North 14*11'13' West a distance of 10547 feet thence North 22*37W" East, a distance of 61.39 feet thence North 74"56'45" East along the north line of said Parcel 1, a distance of 378.53 feet to the point of curvature of a curve concave to the south having a radius of 3098.94 feet and a central angle of 10*09'02"; thence easterly along the arc of said curve, a distance of 549.01 feed thence South 61 *33'59' East, a distance of 48.66 feet to a point of curvature of a curve concave to the east having a radius of 340.00 feet a radial hearing of North 82*5326' East, and a central angle of 18'M5': thence southerly along the easterly line of said Parcel 1 and the arc of said curve, a distance. of 10928 feet to a point of reverse curvature of a curve concave to the west having a cable): radius of 260.00 feet and a central angle of 26'5823"; thence southerly along the arc of said curve, a distance of 122.40 feet to the point of tangency; thence continuing along said east line South 01*26'52' West.a distance of 532.65 feet the point of curvature of a curve concave to. the west having a radius of 498.84 feet and a central angle of 29'52'291, thence southerly along the arc of said curve, a distance of 260.08 feet to a point of reverse curvature of a curve concave to the east, having a radius of 425.00 feet and a central angle of 29*50'1 &'; thence southerly along the arc of said curve a distance of 221.33 feet to a non -tangent line; thence departing said curve South 88*31106" East a distance of 6.50 feet thence South 01*28'54" West a distance of 189.84 feet to a point on the north line of Legacy Place Plat No. 2, as recorded in Plat Book 100, at pages 102 through 104, public records of Palm Beach County, Florida; thence North 88*33'08" West along the north line of said plat a distance of 324.63 feet thence South 01*26'62" West along said plat line a distance of 426.68 feet; thence North 88*33'08" West -a distance of 659.43 feet; South 75*54M" West, a distance of 68626 feet to the Point of Beginning. Containing in all 2,072,600 square feet or 47.58 acres more or less. Parcel 2 Together with that certain non-exclusive drainage easement for the benefit of Parcel I as created by that certain instrument recorded August 30, 2002 In Official Record Book 14097, page 1750, public records of Palm Beach County, Florida. Parcel 3 Together with non exclusive ingress/egress easements and perpetual non-exclusive cross- access, cross drainage and -cross utility easements as created by that Declaration of Covenants recorded in Official Records Book 1,4097, page 1687, public records of Palm Beach County, Florida. 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: 2. What will be the impact of the proposed change on the surrounding area? 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements ------of-tbe-Citv!s-Comt)rehensi-vz-P-Ian��-F-utu=Jand Use, Transportation, Ho.usingJnfrasttu.ct.ure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. IAJ J'^ / f-1 9 4. How does the proposed project comply with City .requirements for preservation of natural resources and native vegetation (Section 78-301, .Land Development Regulations)? 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? 6. Has project received concurrency certification? ,�)/,4 Date Received: v_ __ Legal-Description-ofthe-Subject-Propert ---I (Attach additional sheets if needed) Or see attached deed for legal description. Location �%1rtti �r�rce�ns e--,' �- The subject property is located approximately miles) -from the intersectionof Foci rc.tl1 Id 6,q dvo 5 Avcs on the north,E1east, south,lowest side of 49 V� - (street/road). rd StatementofOwnershipand Designationof AuthorizedAgeit Before me, the undersigned authority, personally appeared All"I- elo 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 fi eon in the City of Palm Beach Gardens, Florida. I 3. That he/she has appointed / IGf rq t oy Fop- to act as authorized agent on his/her behalf to accomplish the above project. Name of Owner: 6 kin A I 1. US tureof Owner Street Address P. O. Box Gen'e 4-4/ FAO toner By: Name/Title 61—l4 rle546 . F7L l City, State, Zip Code / City, state, zip TelephoneNumber Fax Number no/% E-mail Address Sworn and subscribed before me this %?".dayoff' v ag) Notary ublic My Commission expires: fg20/� • gC ma ire. `i; sari LAURA JAKUBIEC NOTARY PUBLIC *CE STATE OF FLORIDA Comm# EE126660 Expires 9118/2015 Applicant's Certification I/We affirm and certify that Uwe 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 best of my/our knowledge and belief. Further, I/we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: 'Sigrnatureof Applicant Owner ..I m ! I U (�'1C /C3 Print Name of Applicant (�% j a60 5 , ( i Optionee �7� LL � 1.f`'e t ►� '/ a _ Street Address 1A-VC F—I Lessee (/c 1 r--L-- .1,:z9,O% City, State, Zip Code' -may Agent � � —)/ / —2S- D TelephoneNumber Contract Purchaser 02-3 5 ! -Q Fax Number r (ra f ry1 o -pa r- 'n e f.$ E-Mail Address 2 Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 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 owner/designee 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 the application review process. O er signature Date :JGndr4' AVrc�'`�r,)o VX- �RliSIQE;-)T` Sa -.14 3_Va -o& Owner printed name &L_ L 105 &fit r L., F'- Property Control Number �JC1G DESIGNEE/BILL TO: &tt~ v +K, �j Designee Acceptance Signature NOTARY ACKNOWLEDGEMENT' STATE OF i-10"-1 do — COUNTY OF✓q,yQ� I hereby certify that the foregoing instrument was acknowledged before me this -day--of 20by S"Gwd,rGL/Y?l CtO Q He o she i ersonally known to me or has pr duced as identifica. No rya public signature Printed name State of C)f Gi__ at -large My Commission expires: T- I b'D / LAURA JAKUBIEC URA JAr, NOTARY PUBLIC N A STATE OF FLORIDA *E1 STA i)Ir Comm# EE126660 Com E : ' cE 100 Expires 9/18/2015 ET es Justification Summary Legacy Place hosts. a variety of special events throughout the year to create an awareness of the center, drive traffic.into Legacy Place and continue to be a good community partner within the area. The events enable our merchants to showcase their goods and services in a family friendly environment. The majority of the events are free to the community and provide activities for families at no cost. The events are funded by the owners of the center and are strongly supported by the merchants and restaurants. Legacy Place has received accolades from local media and bloggers on the quality of their family fun and free programming. The charity ticketed event, the Legacy Place Food and Wine Festival raises funds for the Palm Beach Gardens Police Foundation. All of the monies are donated to the charity to provide funds for the purchase of vital equipment and training for the Police Department as well as community outreach and crime -prevention programs in an effort to create a safer Palm Beach Gardens. The event has received local and regional media coverage and is considered by many to be the premier food and wine event in the area. The year round special events program at Legacy Place is an integral component of our marketing strategy to keep the center brand front and center to both full time, part time residents and tourists to our area. It is vital to the success of our tenants businesses. Legacy Place is careful to abide by any CITY regulations and special event permit process and guidelines. 2014 Legacy Place Events Tentative Schedule EVENT DATE EVENT LOCATION NO. 1) January 4, 2014 Charity Car Show * Parking Area by Chili's 2) February 1, 2014 Charity Car Show * Parking Area by Chili's 3) March 1, 2014 Charity Car Show * Parking Area by Chili's 4) April 12, 2014 Charity Car Show * Parking Area by Chili's 5) April 24,2014 Food and Wine * Village area in center 6) May 3, 2014 Charity Car Show Parking Area by Chili's 7) June 7, 2014 Charity Car Show Parking Area by Chili's 8) July 5, 2014 Charity Car Show Parking Area by Chili's 9) August 2, 2014 Charity Car Show Parking Area by Chili's 10) September 6, 2014 Charity Car Show Parking Area by Chili's 11) October 4, 2014 Charity Car Show Parking Area by Chili's 12) October TBD Halloween Event Lot by Shoe Carnival 12) November 1, 2014 Charity Car Show Parking Area by Chili's 14) December 6, 2014 Holiday Event Lot by Shoe Carnival 15) December 13, 2014 Holiday Event Lot by Shoe Carnival 16) TBD Tenant Grand Opening TBD 17) TBD Tenant Celebration TBD 18) TBD Tenant Anniversary TBD 19) TBD Tenant Birthday TBD * Events held thus far in 2014 Legacy Place Car S how - Free family monthly event January through November Legacy Place Food and Wine - Dine around event with all proceeds benefitting PBG Police Foundation Legacy Place Spooktacular - Free family event featuring costume contest, craft areas, music, entertainment and holiday fun Legacy Place Winter Wonderland - Free family events featuring holiday entertainment, craft areas and music 2-1116WOOINq APR 7 i014 PLANNING& 6L- zown 2014 Legacy Place Events Tentative Schedule DATE EVENT LOCATION January 4 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm-4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. February 1 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. March 1 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. April 12 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation." Car registration is from 2pm — 4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. April 24 Food and Wine Village area in center The 6th Annual Legacy Place Food and Wine Festival, a celebration of food, wine, beer and spirits under a beautiful spring sky, is set for Thursday, April 24 from 7 p.m. to 9 p.m. at Legacy Place, 11290 Legacy Avenue. 750 guests are anticipated. Tickets are $50 for General Admission to include unlimited food and drink samplings galore, live music, games, entertainment on the WPBF 25 Stage and more. VIP tickets are $75 per person for extended tastings from 6:30 p.m. to 9:30 p.m. and admission to exclusive Florida Weekly VIP Lounge within the event. Guests will savor tastings from Capital Grille, Cafe Bistro at Nordstrom's, Bonefish Grille, Publix Greenwise, Anthony's Coal Fire Pizza, PF Changs, PGA National Resort & Spa, Cods and Capers, Bagel Boyz and more ... and a variety of wines from vineyards throughout the world. All proceeds from the event benefit the Palm Beach Gardens Police Foundation, which helps fund the purchase of vital equipment and training for the Police Department as well as community outreach and crime -prevention programs. Sponsors include Legacy Place, Total Wine & More, PGA National, Braman Motor Cars West Palm Beach and Jupiter, Florida Weekly, Capital Grille, Pier One, Gold Coast Beverages, Tease ,Me Tequila, KOOL 105.5 and WILD 95.5, WPBF 25, Sign a Rama, VOSS and Brickman. For more information and to purchase tickets, please visit www.legacyplacefoodandwine.com . May 3 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. June 7 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm.. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. Plans are in discussion with the Palm Beach Gardens Police Dept to include car seat safety and other kids programs in the summer shows. July 5 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. Plans are in discussion with the Palm Beach Gardens Police Dept to include car seat safety and other kids programs in the summer shows. August 2 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. Plans are in discussion with the Palm Beach Gardens Police Dept to include car seat safety and other kids programs in the summer shows. September 6 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do. have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 25.0 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. October,4 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach. County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm-4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. October TBD Halloween Event Lot by Shoe Carnival Legacy Place will host a "Spooktacular Saturday" on Saturday, October 25th starting at 2 p.m. with an afternoon of Halloween-themed activities for all — including your pets! Legacy Place merchants will offer candy to trick or treaters along with activities including cookie decorating, fall table top decorating ideas, carve and design a pumpkin and a variety of arts & crafts activities. Legacy Place will provide FREE glow in the dark trick -or -treat goody bag and activity sheet (while supplies last). 300 families are expected from 2pm — 5 pm. November 1 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. December 6 Holiday events Lot by Shoe Carnival One Saturday leading up to Christmas, December 6 — from 12 pm to 3 p.m., Legacy Place will transform into a magical Wonderland with the opening of North Pole@Legacy Place complete with bows, holiday gumdrops and elves. Each half hour, "snow" will fall for all to enjoy. North Pole@Legacy Place will delight those of all ages with a petting zoo, holiday miniature pony encounter and festive trackless train that will transport passengers to the "North Pole" for a meet -and -greet with Santa in his splendid carriage sleigh. (Those who prefer can leave Santa a letter in a -special Express Box.). Each event expects 250 — 300 kids. December 13 Holiday events . Lot by Shoe Carnival One Saturday leading up to Christmas, December 13 — from 12 pm to 3 p.m., Legacy Place will transform into a magical Wonderland with the opening of North Pole@Legacy Place complete with bows, holiday gumdrops and elves. Each half hour, "snow" will fall for all to enjoy. North Pole@Legacy Place will delight those of all ages with a petting zoo, holiday miniature pony encounter and festive trackless train that will transport passengers to the "North Pole" for a meet -and -greet with Santa in his splendid carriage sleigh. (Those who prefer can leave Santa a letter in a special Express Box.). Each event expects 250 — 300 kids. TBD Tenant Grand Opening TBD Legacy Place anticipates a new tenant that will host a Grand Opening that may require a permit in 2014. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. TBD Tenant Celebration TBD Legacy Place anticipates that an existing tenant may choose to host a celebration that may require a permit in 2014. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. TBD Tenant Anniversary TBD Legacy Place anticipates that an existing tenant may choose to host an anniversary celebration that may require a permit in 2014. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. TBD Tenant Birthday TBD Legacy Place anticipates that an existing tenant may choose to host a birthday celebration that may require a permit in 2014. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. 2015 Legacy Place Events Tentative Schedule EVENT DATE EVENT LOCATION NO. 1) January Charity Car Show Parking Area by Chili's 2) February Charity Car Show Parking Area by Chili's 3) March Charity Car Show Parking Area by Chili's 4) April Charity Car Show Parking Area by Chili's 5) April Food and Wine Village area in center 6) May Charity Car Show Parking Area by Chili's 7) June Charity Car Show Parking Area by Chili's 8) July Charity Car Show Parking Area by Chili's 9) August Charity Car Show Parking Area by Chili's 10) September Charity Car Show Parking Area by Chili's 11) October Charity Car Show Parking Area by Chili's 12) October Halloween Event Lot by Shoe Carnival 12) November Charity Car Show Parking Area by Chili's 14) December Holiday Event Lot by Shoe Carnival 15) December Holiday Event Lot by Shoe Carnival 16) TBD Tenant Grand Opening TBD 17) TBD Tenant Celebration TBD 18) TBD Tenant Anniversary TBD 19) TBD Tenant Birthday TBD Legacy Place Car S how - Free family monthly event January through November Legacy Place Food and Wine - Dine around event with all proceeds benefitting PBG Police Foundation Legacy Place Spooktacular - Free family event featuring costume contest, craft areas, music, entertainment and holiday fun Legacy Place Winter Wonderland - Free family events featuring holiday entertainment, craft areas and music Or COYOF 'N� PALM WHGDNS 4PR 7 i014 PLANMNG& � ZONING � 2015 Legacy Place Events Tentative Schedule DATE EVENT LOCATION January Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of .Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. February Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. March Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. e April Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. April Food and Wine Village area in center The 7th Annual Legacy Place Food and Wine Festival, a celebration of food, wine, beer and spirits under a beautiful spring sky, is planned for Thursday, April 23 from 7 p.m. to 9 p.m. at Legacy Place, 11290 Legacy Avenue. 750 guests are anticipated. All proceeds from the event benefit the Palm Beach Gardens Police Foundation, which helps fund the purchase of vital equipment and training for the Police Department as well as community outreach and crime -prevention programs. More details including participating restaurants and sponsored will be forthcoming. May Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. June Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. Plans are in discussion with the Palm Beach Gardens Police Dept to include car seat safety and other kids programs in the summer shows. July Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. Plans are in discussion with the Palm Beach Gardens Police Dept to include car seat safety and other kids programs in the summer shows. August Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. Plans are in discussion with the Palm Beach Gardens Police Dept to include car seat safety and other kids programs in the summer shows. September Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. October Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. October Halloween Event Lot by Shoe Carnival Legacy Place will host a "Spooktacular Saturday" on Saturday, October 24`h starting at 2 p.m. with an afternoon of Halloween-themed activities for all — including your pets! Legacy Place merchants will offer candy to trick or treaters along with activities including cookie decorating, fall table top decorating ideas, carve and design a pumpkin and a variety of arts & crafts activities. Legacy Place will provide FREE glow in the dark trick -or -treat goody bag and activity sheet (while supplies last). 300 families are expected from 2pm — 5 pm. November Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. December Holiday events Lot by Shoe Carnival One Saturday leading up to Christmas, December 5 — from 12 pm to 3 p.m., Legacy Place will transform into a magical Wonderland with the opening of North Pole@Legacy Place complete with bows, holiday gumdrops and elves. Each half hour, "snow" will fall for all to enjoy. North Pole@Legacy Place will delight those of all ages with a petting zoo, holiday miniature pony encounter and festive trackless train that will transport passengers to the "North Pole" for a meet -and -greet with Santa in his splendid carriage sleigh. (Those who prefer can leave Santa a letter in a special Express Box.). Each event expects 250 — 300 kids. December Holiday events Lot by Shoe Carnival One Saturday leading up to Christmas, December 12 — from 12 pm to 3 p.m., Legacy Place will transform into a magical Wonderland with the opening of North Pole @ Legacy Place complete with bows, holiday gumdrops and elves. Each half hour, "snow" will fall for all to enjoy. North Pole @ Legacy Place will delight those of all ages with a petting zoo, holiday miniature pony encounter and festive trackless train that will transport passengers to the "North Pole" for a 14 meet -and -greet with Santa lmhis splendid carriage sleigh. (Those who prefer can leave Santa letter in a special Express Box.). Each event expects 250 — 300 kids. TBD Tenant Grand Opening TBD Legacy Place anticipates a new tenant that will host a Grand Opening that may require a permit in 201S. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. TBD Tenant Celebration TBD Legacy Place anticipates that an existing tenant may choose to host celebration that may require a permit in 2015. Details including date, time and number ofattendees is unknown at this time but CITY guidelines will beadhered to. TBD Tenant Anniversary TBD Legacy Place anticipates that mnexisting tenant may choose tohost ananniversary celebration that may require a permit in 2015. Details including date, time and number ofattendees is unknown at this time but CITY guidelines will beadhered to. TBD Tenant Birthday TBD Legacy Place anticipates that an existing tenant may choose to host birthday celebration that may require a permit in 2015. Details including date, time and number of attendees is unknown at this time but CITY guidelines will beadhered to. 1 RESOLUTION 27, 2014 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA APPROVING ADDITIONAL SPECIAL 5 EVENTS FOR THE LEGACY PLACE PLANNED COMMUNITY 6 DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED 7 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING 8 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 9 10 WHEREAS, the City Council, as the governing body of the City of Palm Beach 11 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 12 Statutes, and the City's Land Development Regulations, is authorized and empowered 13 to consider petitions related to zoning and land development orders; and 14 15 WHEREAS, the City Council adopted Ordinance 10, 2001, approving the 16 rezoning of approximately 74 acres of land from Planned Development Area (PDA) to 17 Planned Community Development (PCD), and the master site plan for Legacy Place; 18 and r 19 20 WHEREAS, the City Council adopted Resolution 129, 2004, approving an 21 amendment to the site plan to allow the construction of a mixed -use development 22 consisting of 399,000 square feet of commercial space and 69,000 square feet of office 23 space; and 24 25 WHEREAS, the City Council adopted Resolution 108, 2005, approving an 26 amendment to Resolution 89, 2005 to specify certain times for the installation of art in 27 public spaces and to amend certain conditions of approval related to landscaping; and 28 29 WHEREAS, the City Council adopted Resolution 94, 2006, approving the 30 elimination of certain conditions of approval related to the provision of shared parking in 31 the PCD; and 32 33 WHEREAS, the City Council adopted Resolution 35, 2009, approving the 34 placement of 58 banners in the commercial portion of the PCD; and 35 36 WHEREAS, the City Council approved Resolution 77, 2014, approving two (2) 37 additional special events for a total of six (6) events at one (1) location each year, and 38 five (5) additional special events for a total of 17 events each year for the calendar 39 years 2012 and 2013; and 40 41 WHEREAS, Legacy Place PCD is currently zoned Planned Community 42 Development (PCD) and has a future land -use designation of Mixed Use (MXD); and 43 44 WHEREAS, the City Council has considered the evidence and testimony 45 presented by the Applicant and other interested parties and the recommendations of the 46 various City of Palm Beach Gardens reviewing agencies and staff; and Page 1 of 3 Resolution 27, 2014 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 application is hereby APPROVED allowing Legacy Place PCD to conduct seven (7) additional special events for a total of 19 special events and 11 events at one (1) location for the calendar years 2014 and 2015, which are in addition to the general requirements otherwise provided by resolution for the real property described as follows: (See Exhibit "A" for Legal Description) SECTION 3. This approval is subject to the following conditions, which shall be the responsibility of and binding upon the Applicant, its successors, or assigns: 1. A complete Special Events permit application and applicable fee shall be submitted for each individual event for review by the City. No event shall take place prior to the issuance of a Special Event Permit. (Planning and Zoning) 2. The special events shall occur in accordance with the schedule of events submitted for the calendar years 2014 and 2015. Any modifications to the events listed on the schedule shall be approved by the Director of Planning and Zoning. (Planning and Zoning) SECTION 4. This petition is approved subject to strict compliance with the Exhibits listed below, which are attached hereto and made part hereof as Exhibit "B": 1. 2014 Legacy Place Events - Tentative Schedule, received by the City on April 7, 2014. 2. 2015 Legacy Place Events — Tentative Schedule, received by the City on April 7, 2014. SECTION 5. 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. SECTION 6. This Resolution shall become effective immediately upon adoption. Page 2 of 3 Resolution 27, 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. ATTEST: Wa Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY I1-YA 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 27 2014-Legacy Place additional special events.doc Page 3 of 3 Resolution 27, 2014 EXHIBIT "A" LEGAL DESCRIPTION: LEGACY PLACE PCD THE PLAT OF THE LEGACY PLACE PCD AS RECORDED IN PLATBOOK 90, PAGES 119 THROUGH 121 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 74.03 ACRES, MORE OR LESS. Resolution 27, 2014 EXHIBIT "B" 2014 Legacy Place Events Tentative Schedule EVENT DATE EVENT LOCATION NO. 1) January 4, 2014 Charity Car Show * Parking Area by Chili's 2) February 1, 2014 Charity Car Show * Parking Area by Chili's 3) March 1, 2014 Charity Car Show * Parking Area by Chili's 4) April 12, 2014 Charity Car Show * Parking Area by Chili's 5) April 24,2014 Food and Wine * Village area in center 6) May 3, 2014 Charity Car Show Parking Area by Chili's 7) June 7, 2014 Charity Car Show Parking Area by Chili's 8) July 5, 2014 Charity Car Show Parking Area by Chili's 9) August 2, 2014 Charity Car Show Parking Area by Chili's 10) September 6, 2014 Charity Car Show Parking Area by Chili's 11) October 4, 2014 Charity Car Show Parking Area by Chili's 12) October TBD Halloween Event Lot by Shoe Carnival 12) November 1, 2014 Charity Car Show Parking Area by Chili's 14) December 6, 2014 Holiday Event Lot by Shoe Carnival 15) December 13, 2014 Holiday Event Lot by Shoe Carnival 16) TBD Tenant Grand Opening TBD 17) TBD Tenant Celebration TBD 18) TBD Tenant Anniversary TBD 19) TBD Tenant Birthday TBD * Events held thus far in 2014 Legacy Place Car S h ow - Free family monthly event January through November Legacy Place Food and Wine - Dine around event with all proceeds benefitting PBG Police Foundation Legacy Place Spooktacular - Free family event featuring costume contest, craft areas, music, entertainment and holiday fun Legacy Place Winter Wonderland - Free family events featuring holiday � entertainment, craft areas and music CITY'OF G PAWSMGI)Ns : D 6APR 7 2814 PLANNING 8 PLANNING& 1144,ZCWING ./ 2014 Legacy Place Events Tentative Schedule DATE EVENT LOCATION January 4 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. February 1 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. March 1 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. April 12 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. April 24 Food and Wine Village area in center The 61h Annual Legacy Place Food and Wine Festival, a celebration of food, wine, beer and spirits under a beautiful spring sky, is set for Thursday, April 24 from 7 p.m. to 9 p.m. at Legacy Place, 11290 Legacy Avenue. 750 guests are anticipated. Tickets are $50 for General Admission to include unlimited food and drink samplings galore, live music, games, entertainment on the WPBF 25 Stage and more. VIP tickets are $75 per person for extended tastings from 6:30 p.m. to 9:30 p.m. and admission to exclusive Florida Weekly VIP Lounge within the event. Guests will savor tastings from Capital Grille, Cafe Bistro at Nordstrom's, Bonefish Grille, Publix Greenwise, Anthony's Coal Fire Pizza, PF Changs, PGA National Resort & Spa, Cods and Capers, Bagel Boyz and more ... and a variety of wines from vineyards throughout the world. All proceeds from the event benefit the Palm Beach Gardens Police Foundation, which helps fund the purchase of vital equipment and training for the Police Department as well as community outreach and crime -prevention programs. Sponsors include Legacy Place, Total Wine & More, PGA National, Braman Motor Cars West Palm Beach and Jupiter, Florida Weekly, Capital Grille, Pier One, Gold Coast Beverages, Tease Me Tequila, KOOL 105.5 and WILD 95.5, WPBF 25, Sign a Rama, VOSS and Brickman. For more information and to purchase tickets, please visit www.legacyplacefoodandwine.com . May 3 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. June T Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. Plans are in discussion with the Palm Beach Gardens Police Dept to include car seat safety and other kids programs in the summer shows. July 5 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. Plans are in discussion with the Palm Beach Gardens Police Dept to include car seat safety and other kids programs in the summer shows. August 2 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. Plans are in discussion with the Palm Beach Gardens Police Dept to include car seat safety and other kids programs in the summer shows. September 6 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. October 4 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. October TBD Halloween Event Lot by Shoe Carnival Legacy Place will host a "Spooktacular Saturday" on Saturday, October 25th starting at 2 p.m. with an afternoon of Halloween-themed activities for all — including your pets! Legacy Place merchants will offer candy to trick or treaters along with activities including cookie decorating, fall table top decorating ideas, carve and design a pumpkin and a variety of arts & crafts activities. Legacy Place will provide FREE glow in the dark trick -or -treat goody bag and activity sheet (while supplies last). 300 families are expected from 2pm — 5 pm. November 1 Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. December 6 Holiday events Lot by Shoe Carnival One Saturday leading up to Christmas, December 6 — from 12 pm to 3 p.m., Legacy Place will transform into a magical Wonderland with the opening of North Pole@Legacy Place complete with bows, holiday gumdrops and elves. Each half hour, "snow" will fall for all to enjoy. North Pole@Legacy Place will delight those of all ages with a petting zoo, holiday miniature pony encounter and festive trackless train that will transport passengers to the "North Pole" for a meet -and -greet with Santa in his splendid carriage sleigh. (Those who prefer can leave Santa a letter in a special Express Box.). Each event expects 250 — 300 kids. December 13 Holiday events Lot by Shoe Carnival One Saturday leading up to Christmas, December 13 — from 12 pm to 3 p.m., Legacy Place will transform into a magical Wonderland with the opening of North Pole@Legacy Place complete with bows, holiday gumdrops and elves. Each half hour, "snow" will fall for all to enjoy. North P 'ole@Legacy Place will delight those of all ages with a petting zoo, holiday miniature pony encounter and festive trackless train that will transport passengers to the "North Pole" for a meet -and -greet with Santa in his splendid carriage sleigh. (Those who prefer can leave Santa a letter in a special Express Box.). Each event expects 250 — 300 kids. TBD Tenant Grand Opening TBD Legacy Place anticipates a new tenant that will host a Grand Opening that may require a permit in 2014. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. TBD Tenant Celebration TBD Legacy Place anticipates that an existing tenant may choose to host a celebration that may require a permit in 2014. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. TBD Tenant Anniversary TBD Legacy Place anticipates that an existing tenant may choose to host an anniversary celebration that may require a permit in 2014. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. TBD Tenant Birthday TBD Legacy Place anticipates that an existing tenant may choose to host a birthday celebration that may require a permit in 2014. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. 2015 Legacy Place Events Tentative Schedule EVENT DATE EVENT LOCATION NO. 1) January Charity Car Show Parking Area by Chili's 2) February Charity Car Show Parking Area by Chili's 3) March Charity Car Show Parking Area by Chili's 4) April Charity Car Show Parking Area by Chili's 5) April Food and Wine Village area in center 6) May Charity Car Show Parking Area by Chili's 7) June Charity Car Show Parking Area by Chili's 8) July Charity Car Show Parking Area by Chili's 9) August Charity Car Show Parking Area by Chili's 10) September Charity Car Show Parking Area by Chili's 11) October Charity Car Show Parking Area by Chili's 12) October Halloween Event Lot by Shoe Carnival 12) November Charity Car Show Parking Area by Chili's 14) December Holiday Event Lot by Shoe Carnival 15) December Holiday Event Lot by Shoe Carnival 16) TBD Tenant Grand Opening TBD 17) TBD Tenant Celebration TBD 18) TBD Tenant Anniversary TBD 19) TBD Tenant Birthday TBD Legacy Place Car S how - Free family monthly event January through November Legacy Place Food and Wine - Dine around event with all proceeds benefitting PBG Police Foundation Legacy Place Spooktacular - Free family event featuring costume contest, craft areas, music, entertainment and holiday fun Legacy Place Winter Wonderland - Free family events featuring holiday entertainment, craft areas and music ,*-- 0nY0F --N PALMBWGDNS APR 7 &4 ;;UiNNING & ZONING 2015 Legacy Place Events Tentative Schedule DATE EVENT LOCATION January Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. February Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. March Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. April Charity Car Show Parking Area by Chili's Legacy Place hosts mfree monthly car show January thmNovember. Over100 vehicles are on display from antique cans to muscle cars to European sports cars—truk/ something for everyone. Although there is no charge to attend, axhibitocsdo have a fee and the monies collected any all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25year history of putting on successful car shows and raising funds for area non-profit organizations inour community. Attendance ranQesfronn250to5OOfrom 4pnnto8pmn-the hours of operation. Car registration is from 2pmn —4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. April Food and Wine Village area in center The mAnnual Legacy Place Food and Wine Festival, acelebration offood, wine, beer and spiritsunder a beautiful spring sky, is planned for Thursday, April 23 from 7 p.m. to 9 p.m. at Legacy Place, 11290 Legacy Avenue. 750 guests are anticipated. All proceeds from the event benefit the Palm Beach Gardens Police Foundation, which helps fund the purchase of vital equipment and training for the Police Department as well as community outreach and crime -prevention programs. More details including participating restaurants and sponsored will beforthcoming. May Charity Car Show Parking Area by Chili's Legacy Place hosts free monthly car show January thru Novenmber. Over 1OOvehicles are on display from antique cars to muscle cars to European sports can;—tnuh something for everyone. Although there is no charge to attend, exhibitors do have afee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The dub has 25year history ofputting on successful car shows and raising funds for area non-profit organizations inour community. Attendance rangesfrono25OtoGOOfrorn4prnto8pmo-the hours of operation, Car registration is from 2pnn —4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. June Charity Car Show Parking Area by Chili's Legacy Place hosts afree monthly car show January thmNovember. Over 100 vehicles are oodisplay from antique cars to muscle cars toEuropean sports cars—trubsometh|ng for everyone. Although theme isnocharge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25year history ofputting on successful car shows and raising funds for area non-profit organizations inour community. Attendance ranges from 2SOto5DOfrom 4prnto0prn'the hours of operation. Car registration is from 2pnn —4 pm. Le8cay Place hosts a welcome table with info on the center and special offerings from merchants. Plans are in discussion with the Palm Beach Gardens Police Dept toinclude car seat safety and other kids programs inthe summer shows. July Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. Plans are in discussion with the Palm Beach Gardens Police Dept to include car seat safety and other kids programs in the summer shows. August Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legcay Place hosts a welcome table with info on the center and special offerings from merchants. Plans are in discussion with the Palm Beach Gardens Police Dept to include car seat safety and other kids programs in the summer shows. September Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. October Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm -the hours of operation. Car registration is from 2pm —4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. October Halloween Event Lot by Shoe Carnival Legacy Place will host a "Spooktacular Saturday" on Saturday, October 24th starting at 2 p.m. with an afternoon of Halloween-themed activities for all — including your pets! Legacy Place merchants will offer candy to trick or treaters along with activities including cookie decorating, fall table top decorating ideas, carve and design a pumpkin and a variety of arts & crafts activities. Legacy Place will provide FREE glow in the dark trick -or -treat goody bag and activity sheet (while supplies last). 300 families are expected from 2pm — 5 pm. November Charity Car Show Parking Area by Chili's Legacy Place hosts a free monthly car show January thru November. Over 100 vehicles are on display from antique cars to muscle cars to European sports cars — truly something for everyone. Although there is no charge to attend, exhibitors do have a fee and the monies collected are all donated to Hospice of Palm Beach County. Legacy Place works with local car club, Southeast Rods and Customs. The club has a 25 year history of putting on successful car shows and raising funds for area non-profit organizations in our community. Attendance ranges from 250 to 500 from 4 pm to 8 pm - the hours of operation. Car registration is from 2pm — 4 pm. Legacy Place hosts a welcome table with info on the center and special offerings from merchants. December Holiday events Lot by Shoe Carnival One Saturday leading up to Christmas, December 5 — from 12 pm to 3 p.m., Legacy Place will transform into a magical Wonderland with the opening of North Pole@Legacy Place complete with bows, holiday gumdrops and elves. Each half hour, "snow" will fall for all to enjoy. North Pole@Legacy Place will delight those of all ages with a petting zoo, holiday miniature pony encounter and festive trackless train that will transport passengers to the "North Pole" for a meet -and -greet with Santa in his splendid carriage sleigh. (Those who prefer can leave Santa a letter in a special Express Box.). Each event expects 250 — 300 kids. December Holiday events Lot by Shoe Carnival One Saturday leading up to Christmas, December 12 — from 12 pm to 3 p.m., Legacy Place will transform into a magical Wonderland with the opening of North Pole @ Legacy Place complete with bows, holiday gumdrops and elves. Each half hour, "snow" will fall for all to enjoy. North Pole @ Legacy Place will delight those of all ages with a petting zoo, holiday miniature pony encounter and festive trackless train that will transport passengers to the "North Pole" for a meet -and -greet with Santa in his splendid carriage sleigh. (Those who prefer can leave Santa a letter in a special Express Box.). Each event expects 250 — 300 kids. TBD Tenant Grand Opening TBD Legacy Place anticipates a new tenant that will host a Grand Opening that may require a permit in 2015. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. TBD Tenant Celebration TBD Legacy Place anticipates that an existing tenant may choose to host a celebration that may require a permit in 2015. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. TBD Tenant Anniversary TBD Legacy Place anticipates that an existing tenant may choose to host an anniversary celebration that may require a permit in 2015. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. TBD Tenant Birthday TBD Legacy Place anticipates that an existing tenant may choose to host a birthday celebration that may require a permit in 2015. Details including date, time and number of attendees is unknown at this time but CITY guidelines will be adhered to. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 1, 2014 Resolution 28, 2014 Subject/Agenda Item: Ratification of an Emergency Purchase Order in the amount of $96,834.00 to D.S. Eakins Construction Corporation for the Repair of a Storm Water Pipe located underneath Gardens Square Boulevard and Garden Lakes Drive. [X] Recommendation to APPROVE If 1 Recommendation to DENY Reviewed by: Originating Dept.: Costs: $96,834.00 Council Action: Community Services (Total) City 2 [ ]Approved dI . $96,834.00 David R6yes Director of Public Current FY [ ] Approved w/ Conditions R. ax oh an, Esq. Services and Emergency [ ]Denied Management Finance m istrator [ ] Continued to: Advertised: Date: a4j__-- Funding Source: [ ] Operating Allan Owens Attachments: Paper: [x ] Other . Resolution 28, 2014 - Exhibit "A": Quote Purchasing Director f _ /�--�-' [ x Not Required ------------------------------- Contract/Agreement: Effective Date: Km! Ra Submitted by: Department Director N/A kk Expiration Date: N/A J. E. Dogghney, III Deputy City Manager Affected parties [ X ] Notified Budget Acct.#: 103.3000.539,4600 Approved by: City M ager [ ]Not required Ron Id M erris Meeting Date: May 1, 2014 Resolution 28, 2014 Page 2 of 2 BACKGROUND: Gardens Square Boulevard is the only ingress/egress for the Garden Lakes community, which houses approximately 1,200 residents. In March 2014, a 42-inch x 300-foot corrugated metal storm water pipe running under Gardens Square Boulevard ruptured at each end of the pipe, which resulted in two (2) sink holes. The pipe is over 50 years old and has deteriorated beyond repair. An emergency replacement of the pipe was required to prevent further deterioration of the area, additional property damage, and alleviate any life, health, and safety concerns. Staff analyzed several methods of replacement and concluded that installation of a 36-inch High Density Polyethylene (HDPE) pipe within the existing 42-inch pipe could prevent further erosion, as well as provide sufficient storm water conveyance. D.S. Eakins Construction Corporation provided the City with a written quotation to install the new pipe and repair any collateral damages in the amount of $83,324.00. The quotation was based on prices and rates from an existing contract with Palm Beach County. The City's Purchasing Policies and Procedures Manual under Authority to Award Emergency Purchases states, "In the event a Department Director, or an authorized designee, determines that an emergency situation exists which requires an immediate response, a contract may be awarded regardless of the amount of expenditure. A purchase order will be issued by the Purchasing Department upon receipt of acceptable supporting documentation from the requesting department. However, if the expenditure is in excess of $65, 000, the City Manager shall present the circumstances to the City Council for its ratification." Based upon the policy as described above, the City issued an Emergency Purchase Order for the repair, and construction began on Monday, March 31, 2014. However, during construction, an additional 50 feet of pipe underneath Garden Lakes Drive, which intersects with Gardens Square Boulevard, was found to be in need of replacement. As a result of this discovery, an additional $13,510.00 was required to complete the project, bringing the total project cost to $96,834.00. The project is being funded by Gas Tax Funds. Staff is requesting City Council ratification of the emergency purchase per the City's purchasing policies. STAFF RECOMMENDATION: Staff recommends approval of Resolution 28, 2014 as presented. 1 2 3 RESOLUTION 28, 2014 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA RATIFYING AN EMERGENCY 8 PURCHASE TO D.S. EAKINS CONSTRUCTION CORPORATION 9 FOR A STORM WATER PIPE REPAIR UNDER GARDENS SQUARE 10 BOULEVARD AND GARDEN LAKES DRIVE; PROVIDING AN 11 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 12 13 14 WHEREAS, an emergency replacement of a collapsing storm water pipe running 15 underneath Gardens Square Boulevard and Garden Lakes Drive began on March 31, 16 2014, to prevent further deterioration of the area, additional property damage, and 17 alleviate any life, health, and safety concerns; and 18 19 WHEREAS, based on pricing from an existing contract with Palm Beach County 20 (No. 11-073/GC), an emergency purchase order in the amount of $96,834.00 was 21 issued to D.S. Eakins Construction Corporation to conduct the repairs; and 22 23 WHEREAS, the City Council deems approval of this Resolution to be in the best 24 interest of the health, safety, and welfare of the residents and citizens of the City of 25 Palm Beach Gardens and the public at large. 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF PALM BEACH GARDENS, FLORIDA that: 30 31 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 32 33 SECTION 2. The Mayor and City Council hereby ratify the emergency purchase 34 order to D.S. Eakins Construction Corporation in the amount of $96,834.00, attached 35 hereto as Exhibit "A." 36 37 SECTION 3. This Resolution shall become effective immediately upon adoption. 38 39 40 (The remainder of this page intentionally left blank) 41 42 43 44 45 46 Page 1 of 2 Resolution 28, 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 ATTEST: 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 day of , 2014. CITY OF PALM BEACH GARDENS, FLORIDA Robert G. Premuroso, Mayor AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 28 2014 - EPO Ratification - DS Eakins.doc Page 2 of 2 Resolution 28, 2014 EXHIBIT "A" CORPORATION HOURLY PROPOSAL To: City of Palm Beach Gardens Date: 4/8/2014 Attn: Todd Engle Quote Num: 14-5702A Phone: (561) 804-7012 Page: 1 of 2 Email: tengle@abfl.com Revised Job Location: Garden Lakes, CPBG Florida. 42" Slip Line Job Description: Dewater, Excavate, Install 300 LF of 36" HDPE pipe, Tie into existing structures, Grout between pipes & Restore disturbed areas. Dear Mr. Engle, The following is a quote from D. S. Eakins Construction Corp. for the above referenced project based upon The Palm Beach County Contract #11-073/GC. Item # Description Quantity Unit Price Price Labor & Equipment 2 Pipe Crew 120.0 Hours @ $335.00 Per Hour $40,200.00 4 Dewatering 140.0 Hours @ $40.00 Per Hour $5,600.00 5 Tri-Axle Dump Truck 50.0 Hours @ $70.00 Per Hour $3,500.00 Materials Sub Total = $49,300.00 MOT 36" DR 32.5 HDPE PIPE Fusion Cement, Sand, & Hydro Concrete Grout & Pump (Allowance) Curbing (Allowance) 1/2 Minus Crushed Concrete Base Type S-III Asphalt Striping (Allowance) Sod 42" RCP Pipe Respectfully, D. Steven Eakins Vice President D. S. Eakins Construction 1.0 LS @ $1,500.00 Each $1,500.00 300.0 LF @ $67.00 Per LF $20,100.00 1.0 LS @ $5,000.00 Each $5,000.00 1.0 LS @ $1,500.00 Each $1,500.00 1.0 LS @ $6,600.00 Each $6,600.00 1.0 LS @ $2,000.00 Each $2,000.00 108.0 CY @ $13.00 Per CY $1,404.00 30.0 Ton @ $85.00 Per Ton $2,550.00 1.0 LS @ $2,000.00 Each $2,000.00 1800.0 SF @ $0.40 Per SF $720.00 64 LF @ $65.00 Per LF $4,160.00 Sub Total = $47,534.00 Total Estimate = $96,834.00 POST OFFICE BOX 530185 LAKE PARK, FLORIDA 33403PHONE: (561) 842-0010 FAX: (561) 842-0009 CORPORATION HOURLY PROPOSAL To: City of Palm Beach Gardens Date: 4/8/2014 Attn: Todd Engle Quote Num: 14-5702A Phone: (561) 804-7012 Page: 2 of 2 Email: tengle@pbgfl.com Revised Job Location: Garden Lakes, CPBG Florida. 42" Slip Line Job Description: Dewater, Excavate, Install 300 LF of 36" HDPE pipe, Tie into existing structures, Grout between pipes & Restore disturbed areas. Project Schedule ask Name Duration City of Palm Beach Gardens 12 days Mobilize, Pot Hole Utilities, & Install Air Bags 1 day Install Dewatering System & Excavate 1 day Fuse Pipe & Clean Storm Drain 1 day Install HDPE Pipe, Seal Ends, & Grout Between Pipes 3 days Backfill Compact & Remove well point system 1 day Install 42" RCP between structures 2 days Remove Air Bags & Install Base 1 day Install Asphalt & Grade for Sod 1 day Cleanup, Install Sod & Demobilize 1 day * All materials and subcontractors will be billed at Cost per County Contract * Does Not Include Repairs or Replacements to Irrigation System, Densities, Asbuilts, or removal of unsuitable materials. POST OFFICE BOX 530185 LAKE PARK, FLORIDA 33403PHONE: (561) 842-0010 FAX: (561) 842-0009 1 RESOLUTION 33, 2014 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA RECOGNIZING R. MAX LOHMAN, 5 ESQ. AS THE CITY ATTORNEY AND COMMEMORATING FIVE (5) 6 YEARS OF SERVICE AS SAME; PROVIDING A CONFLICTS 7 CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER 8 PURPOSES. 9 10 WHEREAS, R. Max Lohman, Esq. has served as the City Attorney of the City of 11 Palm Beach Gardens for five (5) years; and 12 13 WHEREAS, during his tenure, the City Attorney has served as the chief legal 14 advisor and counselor to the City Council, the City Manager, and City Staff; and 15 16 WHEREAS, the City Attorney has provided the City with exceptional and cost- 17 effective legal service, affording the City the ability to reduce the City's legal budget by 18 nearly $200,000 annually during his five (5) years of service; and 19 20 WHEREAS, Mr. Lohman's professionalism and dedication reflects great credit 21 upon himself, the legal profession, and the City of Palm Beach Gardens; and 22 23 WHEREAS, the City Council, as the governing body of the City of Palm Beach 24 Gardens, Florida, wishes to recognize R. Max Lohman, Esq. as the City Attorney of the 25 City of Palm Beach Gardens and commemorate his five (5) years of service in that 26 capacity; and 27 28 WHEREAS, the City Council deems approval of this Resolution to be in the best 29 interests of the health, safety, and welfare of the residents and citizens of the City of 30 Palm Beach Gardens and the public at large. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 36 37 SECTION 2. The City Council, as the governing body of the City of Palm Beach 38 Gardens, Florida, hereby recognizes and designates R. Max Lohman, Esq. as the City 39 Attorney of the City of Palm Beach Gardens in commemoration and appreciation of his five 40 (5) years of service to the City of Palm Beach Gardens. 41 42 SECTION 3. All resolutions or parts of resolutions in conflict be and the same 43 are hereby repealed. 44 45 SECTION 4. This Resolution shall become effective immediately upon adoption. 46 1 Resolution 33, 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. ATTEST: AN Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY MR R. Max Lohman, City Attorney VOTE: Tjj FA III AILS]VINOWIL 1010111 ZI)GIIII & 1:1 COLINCILMEMBER TINSLEY COLINCILMEMBER LEVY M. Robert G. Premuroso, Mayor AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 33 2014.docx I�M 441P.* PALM BEACH GARDENS `A unique place to live, learn, work & 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 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: Repairs to Bridge at Lighthouse Drive DATE ADVERTISED: 6/9/2013 WAS SOLICITATION OPENLY COMPETED? Yes FUNDING ACCOUNT INFORMATION: 103.3000.539.6900 CONTRACT NO.: ITB2013-019PW — CHANGE ORDER NO. 4 DEPARTMENT: Community Services BIDS/PROPOSALS DUE DATE: 7/12/2013 RESPONSES RECEIVED: Seven (7) CONTRACT VALUE: Four Hundred Forty Thousand Seven Hundred Thirty Dollars and Nine Cents ($440,730.09) CONTRACT TERM: Upon Completion OPTIONS TO RENEW: Not Applicable VENDOR(S): FERREIRA CONSTRUCTION SOUTHERN DIVISION CO, INC. BACKGROUND: This Agreement was approved by City Council in September 2013 for repairs of the Lighthouse Drive Bridge, as part of the City's Capital Improvement Program. There have been three (3) Change Orders issued for this project within the purchasing authority threshold of the City Manager. Those Change Orders were for additional work and repairs not contemplated at the start of the project. COMMENTS: Change Order No. 4 will allow the City to replace the pedestrian bridge and relocate and install that bridge near Lilac Park in an area where it is greatly needed. A new pedestrian bridge, which is more in keeping with the aesthetics of the community, will be installed on the Lighthouse Bridge. NAME SIGNATURE DATE Department Head J. E. Doughney 111 City Attorney R. Max Lohman Y Finance Allan Owens ' Purchasing Kml Ra Other LASERFICHE DATA: Todd Engle ffI2✓ 2�t Effective Date: 5/1/2014 Expiration Date: Upon Completion Append to Existing: ITB2014-019PW PROPOSED e 5 1/2014 J PROVED DESIGNEE ❑ NOT APPROVED ❑ DEFERRED DATE L � Yarn Bx�+�vmkry Fr�;'T 1` CITY OF PALM BEACH GARDENS MEMORANDUM DATE: April 24, 2014 TO: Ron Ferris, City Manager FROM: Todd Engle, P.E., City Engineer THROUGH: J.E. Doughney, III, Deputy City Manager SUBJECT: Change Order for the Installation of a new pedestrian bridge at Lighthouse Drive In December 2013, the City entered into a contract with Ferreira Construction Co., Inc. for the bridge repairs on Lighthouse Drive. The scope of work included the installation of a new pedestrian bridge. Once the new pedestrian bridge was installed it was determined that the bridge selected for the project did not fit the character of the residential community which surrounds the Lighthouse Drive Bridge. The bridge has been removed and will be reinstalled at the City's Lilac Park over the Thompson River Canal where this style of bridge will be more appropriate. Attached to this memo is the approval of the Lilac Park master plan, dated August 8, 2011, which shows the location of the propose bridge. The new location of the bridge was included on the master plan to allow for pedestrian traffic to move freely from the City's Plant Drive Park, Palm Beach Gardens High School and Lilac Park to Burns Road Recreation Campus and the Municipal Complex. It will also allow for better circulation of the exercise trail and the City's maintenance equipment for the surrounding parks. The new proposed pedestrian bridge for Lighthouse Drive will be constructed of aluminum and the color will be unpainted aluminum. The design has a much lower profile and the handrails will be 42" high and the bridge will be 6-6" wide. The elevation of the bridge will be at the same height of the existing crossing on the Lighthouse Drive vehicle bridge. This bridge will have a residential look that should blend into the surrounding neighborhood. See attached pictures of a similar pedestrian bridge already installed. Attached for your review and consideration is the change order for Ferreira Construction, Co. Inc. in the amount of $109,960. Bringing the total contract price to $440,730.09. In addition, 90 days will be added to the Contract Time. There have been three (3) change orders issued to date totaling $40,882.09 associated with the repair of an outfall adjacent to the bridge, utility delays due to a deep raw water line, and the removal of the installed pedestrian bridge. If you have any questions, please do not hesitate to contact me. CC: File _s CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 www.pbgfl.com August 8, 2011 Mr. Todd Engle City Engineer City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL RE: Petition ADMN-11-07-000420: City of Palm Beach Gardens Lilac Park approval to construct a park facility to include multipurpose fields, field lighting, path and jogging trail extensions, bridge, pier, pavilion and parking. Dear Mr. Engle: City staff has reviewed the above -referenced petition requesting an Administrative Amendment for improvements to Lilac Park. The improvements include the following: • Multipurpose field • Basketball Court • Field lighting for multipurpose field • Path and Jogging trail extensions • Bridge addition over Thompson River • Pier addition to lake • 20 foot x 20 foot pavilion: color and materials to match existing pavilion • Parking: 15 parking spaces added to existing east parking lot, located adjacent to multipurpose field Pursuant to Section 78-48(g) of the City's Land Development Regulations, entitled "Site Plan Review, Administrative Site Plan Changes," the City hereby grants Administrative Approval to Petition ADMN-11-07-000420. This approval shall be in accordance with the following documents: • Proposed Site Plan Lilac Street Park, City of Palm Beach Gardens. Drawn Date 11-13-08. Sheet 2 of 2. • Lilac Park Electrical Site Plan and Legend, EDA Electrical Design Associates. Dated July 2011. Sheet E-1. • Musco Lighting Spec Sheet, Musco Sports Lighting, LLC, Dated 1998, 2010. This approval officially documents the request to construct improvements for the City of Palm Beach Garden's Lilac Park. The aforementioned plans and documents will be on record in the Planning and Zoning Department for future reference. if you have any questions, please feel free to contact me at (561)799-4258. Sincerely, ahareh olfs, AICP Development Compliance and Zoning Manager Cc: Natalie Crowley, AICP, Director of Planning and Zoning Scott Danielsky, Chief Building Inspector David Reyes, Operations Director Tresha Thomas, Senior Accountant z. - f rl, ,0 /6111011111111,1111, ,? City of Palm Beach Gardens CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Four 4 PROJECT NO. pub0113 DATE: 4/24/2014 PROJECT TITLE: Bridge Repairs at Lighthouse Drive TO CONTRACTOR: Ferreira Construction Co Inc. YOU ARE HERESY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICA SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT 289,888.00 COST OF CHANGES PREVIOUSLY ORDERED $40,882.09 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $330,770.09 COST OF CONSTRUCTION CHANGES THIS ORDER 109,960.00 ADJUSTED CONTRACTED AMOUNT INCLUDING THIS CHANGE ORDER $440,730.09 Percent Increase This Change Order 33.24% Extension Of Contract Time Allowed By This Change 90 Calendar Days f" TI_rIED . ATE T I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted aro fair and reasonable and In proper ratio to the co t a e iginal contracted for under benefit of com iv biddin ON, 4G F0_R VP FeZeeAC4- ICTTY PROJEff MANAGE seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER DEPARTMENT: Community Services Approve as to C rlt nt: DEP TE FINANCE ADMINISTRATOR DATE Chancre orders over $65.000 or more than 20% h CITY OF PALM BEACH GARDENS, FL ACCOUNT NUMBER: 103.3000.539.6900 PAO MAYOR/COUNCILMEMBER DATE CITY CLERK DATE Sinc'V 198S ERREIRA CONSTRUCTION CO., INC. April 23, 2014 City of Palm Beach Garden Engineering Dept. 10500 North Military Trail Palm Beach Gardens, FL 33410 Attn: Mr. Todd Engle, P.E. Project: Install New Gator Bridge Aluminum Pedestrian Bridge at Lighthouse Drive. Project #: FL14037B Page 1 of 2 Revised Proposal Ferreira Construction Southern Division Co, Inc. is pleased to provide this proposal for the above referenced project. We will provide all supervision, labor, material and equipment necessary to construct the follow items; please note: This proposal is based on preliminary budget pricing provided to Ferreira Construction via email from Todd Engle. If cost to acquire bridge exceeds the proposed cost of $ 54,200 including freight to PBG, This cost will be a change order to the town of Palm Beach Gardens. 1) Install New Pedestrian Bridge at Lighthouse Drive..:.;....;.„..:.....__.......».:.....:...,$ 109,960.00 2) Time Extension for 90 days to 7/7/2014 Exclusions: • Surveys, layout, as-builts, soil analysis and testing of any type, including vibration monitoring. • Removal and/or replacement of unsuitable materials of any type. • All fees, including permit fees. • Removal, replacement and/or relocation of existing utilities both public and private. • Pre -drilling for new piles should rock be encountered • Unknown underground conflicts. • Changes due to results of site condition analysis, • Payment and Performance Bond if required shall be at an additional cost. Clarifications: • Existing Big R bridge removed from Lighthouse road project • This proposal based on pile lengths and quantities originally quoted on Lighthouse bridge • tree removals by others • fence removals by others • This proposal is based on the same specifications and conditions contained in the Lighthouse Drive Bridge Repair contract (ITB2013-019PW) unless noted otherwise. • No site restoration of any type is included in this proposal. 100 SE Salerno Rd. • Stuart, FL 34997 • Phone: 772-286-5123 • Fax: 772-286-5139 www.ferreiraconstruction.com An Equal Opportunity Employer Project: Install New Gator Bridge Aluminum Pedestrian Bridge at lighthouse Drive. Project M FL14037B Page 1 of 2 • No scour protection for the additional two intermediate bents is included in this proposal. • Notifications of any type to affected residents of the additional construction are by the City of Palm Beach Gardens. • There is no geotechnical data available for the location of the new intermediate bent being proposed. • There are no modifications proposed for the base bridge project, as contained in our proposed Change Order # 2 are included in this proposal. This includes, but is not limited to, concrete slabs over existing utilities. Ferreira Construction Souther Casey Cass VP. Ferreira Construction Co. Date IV �17 CITY OF PALM BEACH GARDENS PALMBEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Robert G. Premuroso, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week, of May 4, 2014 through May 10, 2014, as MUNICIPAL CLERKS WEEK in the City of Palm Beach Gardens and further extend appreciation to our Certified Municipal Clerk, Patricia Snider and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 1st Day of May, in the year Two Thousand and Fourteen. Robert G. Premuroso, Mayor ATTES'A Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens and visitors; and WHEREAS, Florida's water supplies are finite, while our population and our need for water resources continues to increase; and WHEREAS, water reuse provides a means for conserving and augmenting Florida's precious water resources; and WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes, and WHEREAS, Florida's permitted reuse capacity exceeds 1.7 billion gallons per day (more than 67 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities); and WHEREAS, Florida leads the nation in reusing 725 million gallons of reclaimed water each day to conserve freshwater supplies and recharge our freshwater resources, and WHEREAS, the State of Florida has declared the week of May 18-24, 2014 to be Water Reuse Week in Florida; and WHEREAS, The City of Palm Beach Gardens has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation; and WHEREAS, The City of Palm Beach Gardens has implemented a water reuse program and encourages efficient and effective use of reclaimed water; and NOW, THEREFORE, I, Robert G. Premuroso, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of May 18-24, 2014 as: WATER REUSE WEEK The City of Palm Beach Gardens is calling upon each citizen and business to help protect our precious resource by practicing water conservation and to use reclaimed water in an efficient and effective means. _ �.,- 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 1st day of May in the year Two Thousand and Fourteen. Attest: Robert G. Premuroso, Mayor Patricia Snider, CMC, City Clerk PROCLAMATION STA TE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, public works services provided in our community are an integral part of our citizen's everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efcient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, WHEREAS, this year's theme is "Public Works: Serving you and your community" as we celebrate the hard work and dedication of the many public works professional throughout the world. NOW, THEREFORE, I, Robert G. Premuroso, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of May 18 through May 24, 2014 as 4 TIONAL PUBLIC WORKS WEEK 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 I" day of May in the Year Two Thousand and Fourteen. Atte Robert G. Premuroso, Mayor Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS PALMBEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and WHEREAS, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and WHEREAS, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and WHEREAS, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and WHEREAS, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, I, Robert G. Premuroso, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of May 2014, as CIVILITYMONTH in the City of Palm Beach Gardens and call upon all citizens to exercise civility toward each oth IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 1st Day of May, in the year Two Thousand and Fourteen. Robert G. Premuroso, Mayor ATTEST.• Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Congress and President of the United States have designated May 15, 2014 as Peace Officers' Memorial Day, and the week of May 12y' — I8`h as National Police Week in honor of all fallen officers and their families; and; WHEREAS, there are approximately 900, 000 law enforcement officers serving in communities across the United States, including the dedicated members of the City of Palm Beach Gardens Police Department, and; WHEREAS, nearly 60, 000 assaults against law enforcement officers are reported each year, resulting in approximately 16, 000 injuries, and; WHEREAS, since the first recorded death in 1791, almost 20, 000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty, including 1 member of the Palm Beach Gardens Police Department, and; WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C., and; WHEREAS, there were 120 law enforcement officers killed in the line of duty during 2012, S of which were from the State of Florida; NOW, THEREFORE, I, Robert G. Premuroso, Mayor of the City of Palm Beach Gardens, formally designates May 12-18, 2014, as; National Police Week in the City of Palm Beach Gardens, Florida, and publicly salutes the service of law enforcement officers in our community and in communities across the nation. 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 I' day of May in the year Two Thousand and Fourteen. Robert G. Premuroso, Mayor Attest: Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, according to the most recent, comprehensive national study for the number of missing children, an estimated nearly 800, 000 children younger than 18 were reported missing; and WHEREAS, on average, there is an estimated average of 2, 000 children reported missing to law - enforcement agencies daily; and WHEREAS, approximately 58, 000 of these children are victims of non family abductions and more than 200, 000 are the victims of family abductions; and WHEREAS, the National Center for Missing and Exploited Children (NCMEQ exists as a resource to help prevent child abduction and sexual exploitation; help find missing children; and assist victims of child abduction and sexual exploitation, their families, and the professionals who serve them, and WHEREAS, National Missing Children's Day is a special time to remember those children who are missing and give hope to their families; and WHEREAS, be it further resolved that Palm Beach Gardens urges the participation of local government law enforcement, schools, community -based organizations, and families in the protection and education of all individuals about child abduction and sexual exploitation, appropriate protective measures, and ways to respond and seek help from law enforcement, social services, and the National Center for Missing & Exploited Children; and WHEREAS, be it further proclaimed that Palm Beach Gardens encourages all individuals to take 25 minutes to help children stay safer; and NOW, THEREFORE, I, Robert G. Premuroso, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim May 25`h as National Missing Children's Day in the City of Palm Beach Gardens as part of Palm Beach Gardens' continuing efforts to prevent the abduction and sexual exploitation ofchildren. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this `S` Day of May, in the year Two Thousand and Fourteen. Robert G. Premuroso, Mayor ATTEST.• Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 1, 2014 Ordinance 6, 2014 Subject/Agenda Item: Second Reading and Adoption: Amending Chapter 26. Elections. at Section 26-8. Initiative and Referendum. by repealing Subsection (g) and readopting same, as revised, in accordance with Section 163.031, Florida Statutes. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney City Attorney 0 (Total) [ ] Approved [ ] Approved w/ R. Loh an, Esq. $ 0 Conditions R. ax hman, Esq. City Attorn y Current FY [ ]Denied Finance Administrator Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: w� "' A Paper: [ ] Other . Ordinance 6, 2014 Allan Owens [ X ] Not Required Contract/Agreement: Effective Date: N/A Expiration Date: N/A Submitted by: De it c r R. Max L man, Esp. City Attorney Affected parties [ ] Notified Budget Acct.#: Approved by: City Man ger [ X of required Ronal M. F rris Ordinance 6, 2014 Page 2 of 2 BACKGROUND: This Ordinance will amend Chapter 26. Elections. at Section 26-8. of the City Code of Ordinances in order to revise the percentage of registered voter signatures necessary to place a citizens' initiative on the ballot from fifteen (15) percent to ten (10) percent in conformance with Chapter 163, Florida Statutes, and will read as follows: (g) Verification. A petition deemed by the clerk to be sufficient as to form, content, and circulator affidavits shall be promptly delivered to the supervisor for verification of signatures pursuant to F.S. § 99.097. The petitioners' committee shall pay the supervisor the fee for verification as required by F.S. § 99.097(4). The supervisor shall prepare a certificate, which shall be promptly delivered to the clerk, stating the number of signatures checked, the number verified to be registered electors of the city, and the number of signatures determined not to be of registered electors of the city. Upon receipt of the certificate, the clerk shall compare the number of verified signatures to the number equal to 45 ten (10) percent of the qualified electors of the city as of the last regular city election, and if the number of verified signatures exceeds the requisite number, the clerk shall issue a certificate of sufficiency, and transmit a copy by registered mail to the petitioners' committee, and deliver a copy of the certificate and the proposed ordinance or the ordinance to be repealed to the members of the city council. CITY COUNCIL: On April 3, 2014, the City Council approved Ordinance 6, 2014 on first reading by a vote of 5 to 0. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 6, 2014 as presented on second reading. 1 ORDINANCE 6, 2014 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. 6 ELECTIONS. AT SECTION 26-8. INITIATIVE AND REFERENDUM. 7 BY REPEALING SUBSECTION (g) AND READOPTING SAME, AS 8 REVISED, IN ACCORDANCE WITH SECTION 163.031, FLORIDA 9 STATUTES; PROVIDING THAT EACH AND EVERY OTHER 10 SECTION AND SUB -SECTION OF CHAPTER 26. ELECTIONS. 11 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY 12 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 13 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 14 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 15 16 17 WHEREAS, the City Council desires to amend Chapter 26. Elections. at Section 18 26-8. of the City Code of Ordinances in order to revise the percentage of registered 19 voter signatures necessary to place a citizens' initiative on the ballot from fifteen (15) 20 percent to ten (10) percent in conformance with Chapter 163, Florida Statutes; and 21 22 WHEREAS, the City Council deems approval of this Ordinance to be in the best 23 interests of the health, safety, and welfare of the residents and citizens of the City of 24 Palm Beach Gardens and the public at large. 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. Chapter 26. Elections. of the Code of Ordinances of the City of 33 Palm Beach Gardens, Florida is hereby amended at Section 26-8. Initiative and 34 Referendum. by repealing subsection (g) and readopting same, as revised, in order to 35 revise the percentage of registered voter signatures necessary place a citizens' initiative 36 on the ballot in conformance with state statutes, providing that Section 26-8 shall 37 hereafter read as follows: 38 39 Sec. 26-8. Initiative and referendum. 40 41 (a) — (f) (These subsections shall remain in full force and effect as previously 42 adopted.) 43 44 45 46 Page 1 of 3 1 (g) Verification. A petition deemed by the clerk to be sufficient as to form, content, and 2 circulator affidavits shall be promptly delivered to the supervisor for verification of 3 signatures pursuant to F.S. § 99.097. The petitioners' committee shall pay the 4 supervisor the fee for verification as required by F.S. § 99.097(4). The supervisor shall 5 prepare a certificate, which shall be promptly delivered to the clerk, stating the number 6 of signatures checked, the number verified to be registered electors of the city, and the 7 number of signatures determined not to be of registered electors of the city. Upon 8 receipt of the certificate, the clerk shall compare the number of verified signatures to the 9 number equal to 4-5 ten (10) percent of the qualified electors of the city as of the last 10 regular city election, and if the number of verified signatures exceeds the requisite 11 number, the clerk shall issue a certificate of sufficiency, and transmit a copy by 12 registered mail to the petitioners' committee, and deliver a copy of the certificate and the 13 proposed ordinance or the ordinance to be repealed to the members of the city council. 14 15 (h) - 0) (These subsections shall remain in full force and effect as previously 16 adopted.) 17 18 SECTION 3. All ordinances or parts of ordinances in conflict be and the same 19 are hereby repealed. 20 21 SECTION 4. Should any section or provision of this Ordinance or any portion 22 thereof, any paragraph, sentence, or word be declared by a Court of competent 23 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 24 this Ordinance. 25 26 SECTION 5. Specific authority is hereby given to codify this Ordinance. 27 28 SECTION 6. This Ordinance shall become effective immediately upon adoption. 29 30 31 (The remainder of this page intentionally left blank) 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 3 Ordinance 6, 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 3 0 day of .11 p VLI L- , 2014, upon first reading. PASSED AND ADOPTED this 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 R. Max Lohman, City Attorney d ay of FOR G:\attorney_share\ORDINANCES\2014\Ordinance 6 2014 - Initiative Percentage.docx , 2014, upon AGAINST ABSENT Page 3of3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting, Date: May 1, 2014 Ordinance 7, 2014 SUBJECT/AGENDA ITEM City -Initiated Amendment to the Land Development Regulations Consideration for Approval: A City-inated request to amend the City's Land Development Regulations (LDRs) in order to amend the compliance deadlines for landscaping and signage for the Northlake Boulevard Overlay Zone (NBOZ). [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: Council Action: Director of Planning & Planning & Zoning: Accountant Approved Zoning Project Manager Approved w/ N/A Tresha Thomas Conditions Al C ]Denied Dawn C. Sonneborn, '6 Fees Paid: N/A Continued to: Natalie V. Crowley, AICP AICP, Principal Planner Development Compliance Funding Source: [ ] Quasi — Judicial [X] Legislative Operating [X] Public Hearing [X] Other N/A BWa—reh Wolfs, AICP Budget Acct.#: Advertised: Attachments: City ttorne [X] Required N/A .Ordinance 10, 2011 [ ] Not Required Contract/Agreement: # April 1, 2014 Northlake Effective Date: Date: 4.16.14 Boulevard Task Force Paper: Palm Beach NIA Letter R. Pax Low'man, Esq. Post Expiration Date: * Ordinance 7, 2014 Approved By: City Manager N/A * Copies of Referenced Affected parties: Land Development [X] Not Required Code Sections 78-225 ]Notified (c)(1); 78-7141, 78-715; 78-716; and 78-717 Ronal K4;,reterris Meeting Date: May 1, 2014 Ordinance 7, 2014 Page 2 of 6 EXECUTIVE SUMMARY This City -initiated amendment to the Land Development Regulations (LDRs) will amend certain subsections of the'Northlake Boulevard Overlay Zone (NBOZ). Currently, the landscape and signage sections of the NBOZ have compliance deadlines of May 31, 2014. The City is amending the current compliance deadlines to grant relief from the enforcement of these regulations to its business community by removing the date of certain references and replacing them with the same applicability provisions as provided in the General Provisions section of the NBOZ and in Article VI. Nonconformities of the Land Development Regulations. The general provisions of the NBOZ apply to all existing and future development within the boundaries of the NBOZ and trigger conformance with the provisions when new development occurs or when renovations, additions, or redevelopment occur. Additionally, minor modifications are being proposed to provide for internal consistency throughout the Code. WMMORM On August 21, 1997, the City entered into an Interlocal Agreement with the Village of North Palm Beach, the Town of Lake Park, and Palm Beach County to create a Northlake Boulevard Corridor Task Force in order to improve the appearance of the commercial area of Northlake Boulevard between Military Trail and U.S. Highway One via Resolution 57, 1997. The City adopted the NBOZ on September 4, 2002, by Ordinance 30, 2002. At that time, the Overlay regulations included conformance provisions for both landscaping and signage of eight (8) and ten (10) years from the date of adoption, respectively. The deadline was May 31, 2011 for landscaping elements and May 31, 2013 for signage and outdoor displays. In 2011, the City Council determined that the compliance deadlines for the NBOZ of May 31, 2011 (eight (8) years) for landscaping and May 31, 2013 (ten (10) years) for signage should both be extended to May 31, 2014, and the City adopted Ordinance 10, 2011 (attached). At that time, the extension was intended to provide relief from complying with the mandated dates in light of the poor economic conditions during that time. It is now the intent of the City to remove both of the May 31, 2014, dates for landscaping and signage conformance and apply the same applicability standards that are provided in the General Provisions section of the NBOZ and in Article VI. Nonconformities of the Land Development Regulations. This will provide consistency throughout the NBOZ. The text amendment revises LDR Sections 78-228 and 78-229, which regulate projects located within the NBOZ (deletions are struck, new language is underlined): Meeting Date: May 1, 2014 Ordinance 7, 2014 Page 3 of 6 F-11 :4 Il 101 111411OW14 11!2:2 94L 14 z k CI ZYMBIRY11-:1 Sec. 78-228. Landscape elements. (a) (This subsection shall remain in full force and effect as previously adopted.) (b) Administration. (1) Applicability. The provisions of this section shall apply to all existing and future development within the boundaries of the NBOZ as follows: a. New development. All new development. b. Existing development All existing development shall conform with the provisions of thethis section by a date GeFtain ef May 31-,-2444in accordance with Section 78-225. and Sections 78-714. - 78-717. of the City's Land Development Regulations. (2)-(4) (These subsections shall remain in full force and effect as previously adopted.) (c) Nonconforming landscape areas. See subsection 78-228(b)(1)b. above. Meeting Date: May 1, 2014 Ordinance 7, 2014 Page 4 of 6 WTV. qI .r.139. . . - . - . .... 1,4 . . . ....... . ....... . ...... . ..... "MW&A (d) — (o) (These subsections shall remain in full force and effect as previously adopted.) Staff comment: The proposed changes refer to the existing sections of the City's nonconforming standards and remove duplicative and conflicting standards which have been placed in the NBOZ for the purposes of landscaping. Sec. 78-229. Signage and Outdoor Displays (a) General provisions. (1) (This subsection shall remain in full force and effect as previously adopted.) (2) Nonconforming signs. A nonconforming sign is any sign which was established pursuant to the issuance of a sign permit on or before the effective date of these regulations, and which is rendered nonconforming by the provisions of this section. a. All accessory signs, wall signs, freestanding signs, awning signs, pole signs, and ground signs erected within the corridor that do not conform to the terms regulations of this section shall conform by a date GertaiR of M 31, 2014 eF be removed fFem the pFemises in accordance with Section 78- 225. and Sections 78-714. — 78-717. of the City's Land Development Regulations. FMVZI .1, r.T:.-.W T Ir.11,17-TV721 NW.I I R .. ........iWAM m. et-, Meeting Date: May 1, 2014 Ordinance 7, 2014 Page 5 of 6 ................ . . ..... ................. ........... .... . .. Y., I C Z T I MV Y."M PUM 1. 141111 4kV.IfAWVWa ... IN M.15=71172T.'s ".XI (These subsections shall remain in full force and effect as previously adopted.) (b) — (k) (These subsections shall remain in full force and effect as previously adopted.) Staff comment: The proposed changes again remove duplicative and conflicting standards and refer to the City's existing nonconforming standards which have been placed in the NBOZ for the purposes of signage. STAFF ANALYSIS The proposed change will not hinder the transformation of the Northlake Boulevard corridor; rather, it will provide reasonable standards which will allow the appropriate existing codes to apply during redevelopment. Meeting Date: May 1, 2014 Ordinance 7, 2014 Page 6 of 6 The proposed amendments provide improved consistency language for the NBOZ district and allow conformance to occur through alterations, renovations, or redevelopment of properties within the NBOZ, consistent with nonconformity standards for the entire City. This amendment will eliminate the financial burden to the business community the date certain would cause, and in light of the redevelopment activity that has occurred and is envisioned for future growth within the NBOZ. Some successful redevelopment that has already been completed under this standard include: Northlake Square East (Target), Northlake Square West, the AT&T building, Costco, Banyan Tree PUD, North Lake Commons, and Gordon and Doner. Redevelopment that has been reviewed and approved for the near future is the CVS Pharmacy at the northeast corner of Military Trail and Northlake Boulevard. Furthermore, several properties along the corridor are older, smaller parcels with various nonconformities and will never be able to accommodate certain standards, particularly the landscape standards, unless major redevelopment occurs. Ulfl•ilfl � ;l ill � 11 l ;l'ill � ir Ill ��llljiill� ll i 1� Iflaoffim On April 1, 2014, the City sent a letter to the Northlake Boulevard Task Force informing them of these amendments (see attached Letter to Northlake Boulevard Task Force). 01=4illilli; r ill �� �'ill 1, ll� ill � i Ill i 1� i A A: On April 8, 2014, the PZAB recommended approval of the subject petition to the City Council by a vote of 6 to 0. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 7, 2014 on first reading. 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 ORDINANCE 10, 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY , REVISING SECTION 78-228(b)(1) AND SECTION - 78-229(a)(2) IN ORDER TO EXTEND THE DEADLINE FOR SIGNAGE AND LANDSCAPING COMPLIANCE UNDER THE NORTHLAKE. BOULEVARD OVERLAY ZONE TO MAY 31, 2014; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION 'OF CHAP -TER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Palm Beach Gardens has determined that the current compliance deadlines for the Northlake Boulevard Overlay Zone (NBOZ) of May 31, 2013, and May 31, 2011, for signage and landscaping should be extended to May 31, 2014; and WHEREAS, this Ordinance was reviewed by the Planning, Zoning, and Appeals Board, sifting as the Local Planning Agency, at a public hearing on April 12, 2011, and the Board recommended approval by a vote of 7 to 0; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: 6 SECTION 1. Chapter 78. Land Development. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended by revising Section 78- 228(b)(1) and Section 78-229(a)(2); providing that Sections 78-228(b)(1) and 78- 229(a)(2) shall hereafter read as follows: ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS Sec. 78-228. Landscape elements. (a) (This subsection shall remain in full force and effect as previously adopted.) WON=- Ordinance 10.2011 1 (b). Administration. 2 3 (1) Applicability. The provisions of this section shall apply to all existing and 4 future development within the boundaries of the NBOZ as follows: 5 6 a. New development. All new development. - 7 8. b. Existing development. All existing -development shall conform with the 9 provisions of the section eight years -f m the effeGti e-dates-of these 10 fegulatisns by a date certain of May 31, 2014. 11 12 (2)-(4) (These subsections shall remain in full force and effect as previously 13 adopted.) 14 15 (c)-(o) (These subsections shall remain in full force and effect as previously adopted.) 16 17 Sec. 78-229. Signage and outdoor displays. 18 19 (a) General provisions. 20 21 (1) (This subsection shall remain in full force and effect as previously adopted.) 22 23 (2) Nonconforming signs. A nonconforming sign is any sign which was 24 established pursuant to the issuance of a sign permit on or before the 25 effective date of these regulations, and which is rendered nonconforming by 26 the provisions of this section. 27 28 a. All accessory signs, wall signs, freestanding signs, awning signs, pole 29 signs, and ground signs erected within the corridor that do not conform 30 to the terms of this section shall conform 31 this eve by a date certain of May 31. 2014 or be removed from the 32 premises. 33 34 (b.-e.) (These subsections shall remain in full force and effect as 35 previously adopted.) 36 37 (3)-(6) (These subsections shall remain in full force and effect as previously 38 adopted.) 39 40 (b)-(k) (These subsections shall remain in full force and effect as previously adopted.) 41 42 SECTION 2. All ordinances or parts of ordinances in conflict be and the same are 43 hereby repealed. 44 45 46 Page 2of4 Ordinance 10, 2011 1? . _ -SECTION 3. Should any section or provision of this Ordinance or any portion 2 thereof, any paragraph, sentence,. or word tie declared by a court of competent jurisdiction 3 to be 'invalid, such decision shall not affect the validity of the remainder of this Ordinance. 4 5 SECTION 4. Specific authority is hereby given to codify this Ordinance. 6 7 SECTION 5. This Ordinance shall become effective immediately upon adoption. 8 9 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 3 of 4 Ordinance 10, 2011 1 ,PASSED this day of !` R 7 , 2011, upon first reading. 2 3- PASSED AND ADOPTED this �"day of 'Safi-e 2011, upon 4. second and final reading. 5 '6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 10 BY: 11 David Levy, M ar 12 14 Robert G.,KrWnuro , Vi ayor 15 16-�` 17 r1R. Russo,- Councilmember 18 19 20 Eric Jablin, Councilmember 21 22 { ,% 23 Marcie T ley, Councilmember 24 /25. �9 BY.-- 1 W7-- -- P riCi"Aider,. CM , City Clerk 31 �- 32 33 APPROVED AS TO FORM 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Ma o an, City Attorney 39 1 40 41 42 43 44 45 46 47 GAattorney_share\0RD1NANCES\2011\0rdinance 10 2011-extend landscape-signage deadline•nboz.docx Page 4 of 4 CITY OF PALM BEACH GARDENS 16500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 www.pbgfl.com April 1, 2014 RE: Northlake Boulevard Overlay Zone — Expiration of date certain for landscape and signage conformance Dear Northlake Boulevard Task Force Member: The purpose of this letter is to inform members of the Northlake Boulevard Task Force that the City of Palm Beach Gardens will be amending its Land Development Regulations (LDRs) related to the Northlake Boulevard Overlay Zone (NBOZ) to extend timeframes for compliance with landscape and signage regulations. In 2011, the City Council determined that the compliance deadlines for the NBOZ of May 31,. 2011 (eight years) for landscaping and May 31, 2013 (ten years) for signage should both be extended to May 31, 2014 and the City adopted Ordinance 10, 2011. At that time, the extension was intended to alleviate the financial burden compliance it may have caused in light of the poor condition of the current economy. It is now the intent of the City to remove both of the May 31, 2014 dates for landscaping and signage conformance and apply the same applicability standards that are provided in the General provisions section of the NBOZ. This will provide consistency throughout the NBOZ. The general provisions of the NBOZ apply to all existing and future development within the boundaries of the NBOZ, and trigger conformance with the provisions when new development occurs or when renovations, additions, or redevelopment occurs If you have any questions, please feel free to contact me at (561) 799-4258. Sincerely, y Natalie M. Crowley, AICP Director of Planning & Zoning cc: Mayor Bert Premuroso Vice Mayor Eric Jablin Council Member Joe Russo Council Member Marcie Tinsley Council Member David Levy Ron Ferris, City Manager Rebecca Caldwell, Executive Director, Planning, Zoning & Building, Palm Beach County Dale Sugenman, Ph.D., Town Manager, Town of Lake Park Ed Green, Village Manager, Village of North Palm Beach 1 . ORDINANCE 7, 2014 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND 6 DEVELOPMENT. AT SECTION 78-228. LANDSCAPE ELEMENTS. 7 BY REPEALING AND READOPTING SUBSECTIONS (b)(1)b AND 8 (c), AS REVISED; FURTHER AMENDING SECTION 78-228. 9 LANDSCAPE ELEMENTS. BY DELETING SUBSECTIONS (c)(1) 10 THROUGH (c)(4) IN THEIR ENTIRETY; AMENDING SECTION 78- 11 229. SIGNAGE AND OUTDOOR DISPLAYS. BY REPEALING 12 SUBSECTION (a)(2) AND READOPTING SAME, AS REVISED, AND 13 BY DELETING SUBSECTIONS (a)(3) AND (a)(4) IN ORDER TO 14 REPEAL DEADLINES FOR LANDSCAPING AND SIGNAGE 15 COMPLIANCE UNDER THE NORTHLAKE BOULEVARD OVERLAY 16 ZONE; PROVIDING THAT EACH AND EVERY OTHER SECTION 17 AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. 18 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY 19 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 20 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 21 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 22 23 24 WHEREAS, the City Council of the City of Palm Beach Gardens has determined 25 that the current compliance deadlines for the Northlake Boulevard Overlay Zone 26 (NBOZ) of May 31, 2014, for landscaping and signage shall be removed, replacing them 27 with the same applicability provisions as provided in the General Provisions section of 28 the NBOZ and in Article VI. Non conformities. of the Land Development Regulations. 29 The general provisions of the NBOZ apply to all existing and future development within 30 the boundaries of the NBOZ and trigger conformance with the provisions when new 31 development occurs or when renovations, additions, or redevelopment occur; and 32 33 WHEREAS, the Planning, Zoning, and Appeals Board, sitting as the Local 34 Planning Agency, held a public hearing on April 8, 2014, and has recommended 35 approval to the City Council with a vote of 6 to 0; and 36 37 WHEREAS, the City Council deems approval of this Ordinance to be in the best 38 interest of the health, safety, and welfare of the residents and citizens of the City of 39 Palm Beach Gardens and the public at large. 40 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 43 OF PALM BEACH GARDENS, FLORIDA that: 44 45 46 Page 1 of 5 Ordinance 7, 2014 1 SECTION 1. Chapter 78. Land Development. of the Code of Ordinances of the 2 City of Palm Beach Gardens, Florida is hereby amended at Section 78-228. Landscape 3 Elements. by repealing subsections (b)(1)b and (c) and readopting same, as revised; 4 providing that Section 78-228. shall hereafter read as follows: 5 6 Sec. 78-228. Landscape elements. 7 8 (a) (This subsection shall remain in full force and effect as previously adopted.) 9 10 (b) Administration. 11 12 (1) Applicability. The provisions of this section shall apply to all existing and future 13 development within the boundaries of the NBOZ as follows: 14 15 a. New development. All new development. 16 17 b. Existing development. All existing development shall conform with the 18 provisions of thethis section by a date Certain of May 31 24�4in 19 accordance with Section 78-225. and Sections 78-714. - 78-717. of the 20 City's Land Development Regulations. 21 22 (2) - (4) (These subsections shall remain in full force and effect as previously 23 adopted.) 24 25 (c) Nonconforming landscape areas. See subsection 78-228(b)(1)b. above. 26 27 28 date of these Fegulations that do nOt GonfGFM With 11 )ns of this seGtOOR 29 shall he Wncidered nnnrnnfnrminn 30 31 32 the extent of 50 nornont 9F mere of it6 ronlane�m�„eRt vale a at the time of the 33 damage,ttrhreTepiaGement landSGaping-and elem nnnfnrm to all 34 . 35 36 37 38 39 Amendments to the approved The fellewing types (3) plan. of ameRd 40 approved development shall Fequire the the la )usly plan review of 41 f9F the ent*Fe syte using the minimum !andSGape standards in this SeGtiE)R: 42 „ peFG_ 45 -. b. nr--rt-Qa Ge i R the n um bi-Qr Page 2 of 5 Ordinance 7, 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 (d) — (o) (These subsections shall remain in full force and effect as previously adopted.) SECTION 2. Chapter 78. Land Development. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 78-229. Signage and Outdoor Displays. by repealing subsection (a)(2) and readopting same, as revised, and repealing subsection (a)(3) and (a)(4); providing that Section 78-229. shall hereafter read as follows: Sec. 78-229. Signage and outdoor displays. (a) Genera! provisions. (1) (This subsection shall remain in full force and effect as previously adopted.) (2) Nonconforming signs. A nonconforming sign is any sign which was established pursuant to the issuance of a sign permit on or before the effective date of these regulations, and which is rendered nonconforming by the provisions of this section. a. All accessory signs, wall signs, freestanding signs, awning signs, pole signs, and ground signs erected within the corridor that do not conform to the teFrns regulations of this section shall conform in accordance with Section 78- 225. and Sections 78-714. — 78-717. of the Citv's Land Development Regulations. i it Page 3 of 5 Ordinance 7, 2014 1 extent of ereent Or me -re real eme he time of the 2 �n�-�- �-,�p.a6crrr�c�l�lFaiH2-a�tnczH�h-�r-cr,c 3 darnage, the Ginn may not he Feb iil� nr used ♦Fhereafter unless it nnnforms 4 a� of this . 6 ee Legal b+libeardsthat-aFe s bjeav t to existiRg 6ettlemeRt agFeernents with 7 , and 8 theref Beet to the ed l et ferth in the �GTe�-a�-�e�-sue a�e�t+�a#�er�-ems#tee-s��r�,-�,� 9 #B8Z 10 11 , , } 12 �' i'e'f-to the -a' Gpti ,n of the shall b� si n renred to adheFe o the nre„ia w6 13 �R a+n,-maned u le. 14 15 16 as a result of these regulations may be GGRtiRued OR epeFatiGR and maintained f- 17 ten veers as a legal nonennfOrming sign nrev;ded that: 18 19 a. rlamagedTb+ f min s n��whiiGh e ,,may not brreGnn Gteed or, 20 r�adeF the -terrrmi sra-vrthri--:le6�ttiYlhiall he remeyed Within 'i(1 rlais 21 after the rlamane nr rtestr- 1etion oee- Urs 22 23 h In the event the damage-eF destFGtffi9R is loess than 50 neFGent n�j r Ian ent value at the time the sign may he restored to its Original 4 rep,�ea���a�r„�-R,��+g„-� ed���� 25 Genditien and may GGRtiRue te be displayed.- 26 27 28 ReGessaFy ROR 6tFUGtUFal FepaiFs and inGidental weFk, 29 exteed-eF inteR6ify the-aeRGGRfefMiRgg feat Tres of the sign 30 31 (5)-(6) (These subsections shall remain in full force and effect as previously 32 adopted.) 33 34 (b) - (k) . (These subsections shall remain in full force and effect as previously 35 adopted.) 36 37 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 38 hereby repealed. 39 40 SECTION 4. Should any section or provision of this Ordinance or any portion 41 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 42 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 43 44 SECTION 5. Specific authority is hereby given to codify this Ordinance. 45 46 SECTION 6. This Ordinance shall become effective immediately upon adoption. Page 4 of 5 Ordinance 7, 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 PASSED AND ADOPTED this 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 R. Max Lohman, City Attorney , 2014, upon first reading. day of , 2014, upon FOR AGAINST ABSENT G:\attorney_share\ORDINANCES\2014\Ordinance 7 2014-amending landscaping deadlines.docx Page 5of5 Copies of referenced Land Development Code Sections for your information Division 3. Northlake Boulevard Overlay Zoning District • Section 78-225. General provisions (c)(1) of the Northlake Boulevard Overlay Zoning District Article VI. Nonconformities: • Section 78-714. Nonconforming uses of land • Section 78-715. Nonconforming structures and improvements • Section 78-716. Nonconforming uses of structures or premises • Section 78-717. Repairs and maintenance. § 78-225 PALM BEACH GARDENS CODE C. East: From Alternate AlA (north side) and Prosperity Farms Road (south side) to U.S. Highway One. (3) Minimum requirements. The following provisions of the NBOZ district are the minimum requirements necessary to accomplish the purposes of the NBOZ and implement and ensure consistency with the Comprehensive Plan. Development shall not be undertaken without prior authorization pursuant to the NBOZ. (c) Applicability. (1) Applicability. The provisions of the NBOZ district shall apply to all existing and future development within the boundaries of the NBOZ district as follows: a. All new development. b. All renovations, additions, or redevelopment to existing structures where the cost of such is GREATER than 60 percent of the assessed improvement value of the parcel, indicated on the most recent tax roll of Palm Beach County Property Appraiser, or an increase of greater than 20 percent of th ' e square footage of the existing structure shall conform to 100 perceiit'of the NBOZ regulations. c . When the use of an existing structure ceases for 180 consecutive days, or as otherwise determined to be a discontinued or abandoned use by the local zoning code. (2) Invalid approvals. Invalid development orders or permits of projects, which have been revoked or have expired shall be subject to all applicable provisions of the NBOZ. (3) Conflict with other applicable regulations. a. When the provisions of the NBOZ district conflict with other jurisdictional regulations applicable to the site, the most restrictive provisions shall prevail. b. Provisions addressed within the individual jurisdiction regulations that are not addressed within the NBOZ district remain applicable in the development or redevelopment of a site in the NBOZ. (d) Procedure and regulations. (1) Submittal procedure. Development or redevelopment within the I Corridor to the regulations imposed by the NBOZ district. Compliance with the standards of the NBOZ shall be demonstrated by submittal of architbetural drawings and a site development plan or site improvement plan in accordance with the governing juris- diction. The development order shall reflect the restrictions imposed by the NBOZ. (2) Use regulations. Restrictions which may be imposed in the NBOZ district shall be limited to the following: a. Reducing the number of land uses permitted by right and permitted by condi- tional use within the NBOZ; b. Eliminating inappropriate land use within the NBOZ; C. Limiting maximum building or impervious coverage permitted; Supp. No. 13 CD78:196.2 LAND DEVELOPMENT § 78-7A AP.TICLEVI. 'N0NC0NF0RM=S Lawful noncontormities established. Where.there exists lots, structures, premises or uses, of land and structures withinth ' e districts established by this division which were lawful at one would but whicwould now be prohibited; regulated,.or restricted, these, lots, structures; of uses of land and structures may continue as legal nonconformilties provided' they meet the conditions established in this article. (00. No., 17"2000, § 310, 7-20-00; Ord. No.. 34-2001i § 1, 8-15-02) Siec., 78-712. Nonconforming lots of recordi, If A lot of record. exists which was platted and. recorded in the office of the clerk of the circuit court of Palm Beach, County prior to August 18,194, and d6es not conform to minimum area or dimensional requirements for the zoning district in which it is located, the lot may be used for any use permitted in. the- district-. A lot of record must comply with other, density and land development regulations, of the zoning district. Lots of record must be held in separate ownership and cannot help form or be part of a continuous frontage with.other lots held in the same ownership. (Ord. No. 1742000, § 311, 7-2040) Sec. 78-713. Uses: with minimum lot sizes. Any use which requires it minimum land area or lot size t n a lot of record 4 izesha,llrto beWdtedo unless the lot of record complies with. the minimum land area requirement - (Ord. No. 17-20001 § 31-2, 7-20-00) Sec. 78-71.4. Nonconforming uses. of land. 'If a legal use of land exists and such- use would no longer be permissible pursuant to the regulations currently existing and horeafter adopted,, such, use may be continued as a, legal nonconfbrmity. The use-shall,comply with ail requirements of this chapter, and is subject to the criteria listed below: (a) Expansion. A nonconforming use shall not be enlarged, increased, or expanded to occupy a greater area of land than was previously occupied on the date the use became non -conforming.. Additional structures'that do not comply With the requirements of thischapter shall not be erected in connection with such nonconforming use. (b) Relocation of structures. A nonconforming use shall not be moved in whole or in a part to another portion of the lot or parcel occupied by that use. (c) Cessation. of use. If any nonconforming use of land ceases for any reason fbr a period of more than six consecutive months, any subsequent use of the land shall conform to the regulations for the district in which located. (Ord. No. IM000, § 313; 7-20-00; Ord. No; 34-2001i § 1., 84542; Ord. N6: 11,,2013, § 18, Supp. No. 34 CD78:381 § 78-715 PALM BEACH GARDENS CODE ftw� See. 7 if a I structure or improvement existed at one time and the structure or improvement would not be permitted due to changes or restrictions on area, lot coverage, building height, required yards, type or amount of landscaping, or other characteristics of the structure or its location on the lot, the structure or improvement may be continued indefinitely. In .order to continue indefinitely; the structure or improvement must remain consistent with all applicable land development regulations, and is subject to the additional standards listed below. (a) Normal maintenance. Maintenance shall not exceed limits established, in section 784117. (b) kxpahsin. A structure, or. imp rovement may V not be expanded, enlarged, or altered in a Way which increases its nonconformity. A nonconforming structure or improvement may be expanded if the expansion is consistent with all requirements of this division, subject to appioval by the 9Z* k The expansion may be approved subject tit the. following standard's.: (1) The expansion will, reduce the impact of the, nonconformity; and (2) The expansion will not create additional structures or uses prohibited in- the zoning district; and (3) The value of the expansion does not exceed 50 percent of the value of the structure or - improvements. (c) Destruction. If a nonconforming structure or improvement is destroyed by any means to an extent of 50 percent or more of its assessed value as determined in the latest tax Palm Beach County tax. roll, the structure or improvement shall not be reconstructed except. in conformity with this division. (d) Relocation- A nonconforming structure or improvement shall not be relocated or moved in whole or in a part to any other portion of the lot or parcel occupied by that structure.. (e) Cessation of use. If any tionconf6rming use of a structure ceases for any reason for a period of more than six consecutive months or for 18 months in three consecutive years, any subsequent use of the structure shall conform to the regulations of the district in which located. (Ord. No. 17-2000, § 315, 7-�0-00; Ord. No. 34-2001, § 1, $-15-02) M4 See. 78-716. Nonconforming uses of structures or premises: If a lawful use of a structure or of a structure and, premises in combination existed at one time that is, not permissible in the zoning district, under the terms of this chapter; the lawful use may continue so long as it remains otherwise lawful and meets all other land development regulations, including the standards listed, below. (a) Expansion. An existing structure devoted to a use not permitted by this chapter in the zoning district in which it is located shall not be enlarged, extended, constructed, recon- structed., moved, or structurally altered except in. changing the use of the structure. to a use. permitted in the district in which it is located. A nonconforming structure or improvement may Supp. No. 34 CD78:382 LAND DEVELOPMENT § 78-741 be expanded if the expansion is consistent with all requirements of this chapter, subject to approval by the planning, zoning, and appeals board. The expansion may be approved subject to the standards of section 78-53. (b) Normal maintenance. Maintenance shall not exceed limits established in section 78-717. (c) Supersession. Any structure or structure and land in combination in or on ,which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which the structure is located, and the nonconforming use may not thereafter be resumed. (d) Cessation of use. When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for six consecutive months or for 18 months in three consecutive years, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the zoning district in which it is located. (e) Removal or destruction. If nonconforming_ use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord. No. 17.-2000, § 316, 7-20-00; Ord. No. 34-2001, § 1, 8-15-02; Ord. No. 17-2004, § 5, 6-3-04) See. 78-717. Repairs and maintenance. ftm� Normal maintenance or repair of a nonconforming structures or structures where noncon- forming uses are located may be performed during any calendar year provided that the value of improvements do not exceed 20 percent of the assessed value of the structure. Repair or replacement of nonbearing walls, fixtures, electrical wiring, and plumbing may occur, but are included within the value limits established herein. (Ord. No. 17-2000, § 317, 7-20-00; Ord. No. 34-2001, § 1, 8-15-02) Sec. 78-71& Effect of variance. The grant of a variance by the BZA shall eliminate a specific nonconformity or nonconformi- ties, unless the applicant or owner fails to comply with applicable time limits. The grant of a variance shall place the nonconformity into a conforming status. (Ord. No. 17-2000, § 318, 7-20-00; Ord. No. 34-2001, § 1, 8-15-02) Sees. 78.719--78-740. Reserved. ARTICLE VII. VIOLATIONS AND ENFORCEMENT Sec. 78-741. Enforcement, violations and penalties. (a) Enforcement. The provisions of this article shall be administered and enforced by the growth management director. Supp. No. 16 CD78:383 CITY OF PALM BEACA GARDE(%S CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 1, 2014 Ordinance 9, 2014 Subject/Agenda Item: Amending the City of Palm Beach Gardens Police Officers' Retirement Plan. [X] Recommendation to APPROVE [ ] Recommendation to DENY I Reviewed by: Originating Dept.: Costs: Council Action: Finance $ 168,000 City Attorney Z? (3—Year Total) [ ] Approved $0 Approved w/ Allan Owens Finance Administrator Current FY Conditions Ma an, Esq.— Denied Funding Source: Continued to: Advertised: HR Administrator Date: ] Operating Attachments: Paper: Palm Beach Post Other NA Ordinance 9, 2014 Slimy! �ftuwaft X ] Not Required Contract/Agreement: Submitted by: Departm irector Effective Date: 10/1/2013 Expiration Date: Alan Owens Finance Administrator 913012016 Affected parties Notified Budget Acct.#: 001.1000.521.2210 Approved by: CityM a er Not required 001.1030.521.2210 Roriaildp, F rris Meeting Date: May 1, 2014 Ordinance 9, 2014 Page 2 of 3 BACKGROUND: On March 6, 2014, the City Council approved a new three- (3) year Collective Bargaining Agreement for Police Officers, Sergeants, and Communications Operators through September 30, 2016. In addition to the Articles in the Collective Bargaining Agreement, as part of the package, the City and Police Benevolent Association reached agreement on issues related to the Police Officers' Retirement Plan (the "Plan"). These changes need to be adopted by Ordinance, which is before Council for consideration at this time and approved by the Florida Division of Retirement, to fully implement the changes to the existing Plan. Due to 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 recently approved contract, as follows: • Reduced the multiplier from 3.5% to 2.75% • Reduced the maximum benefit from 100% to 75% of the Average Final Monthly Compensation • 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 new contract, the current Plan as modified in 2012 would continue, along with the following 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 with 10 or more years of creditable service, to age 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 of the City's implementing Ordinance. As a result of these changes, it is anticipated that the City's net required contribution would be increased by approximately $168,000 over the three- (3) year contract. Meeting Date: May 1, 2014 Ordinance 9, 2014 Page 3 of 3 CONCLUSION: As a result of the aforementioned changes, the City will continue its emphasis on cost control and improving the Plan's funding ratio by maintaining the significant cost -saving measures adopted in 2012, while at the same time offering a pension plan that is fair and competitive with comparable Palm Beach County police agencies. STAFF RECOMMEADATION: Sta-6 recommends approval of Ordinance 9, 2014 as presented on first reading. 1 ORDINANCE 9, 2014 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 50. POLICE. 6 OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH 7 GARDENS, FLORIDA AT ARTICLE 111. POLICE OFFICERS' 8 RETIREMENT TRUST FUND. BY REPEALING SUBSECTION 50- 9 62(c) AND READOPTING SAME, AS REVISED; BY REPEALING 10 SECTION 50-116. NORMAL RETIREMENT. AND READOPTING 11 SAME, AS REVISED; AND BY REPEALING SECTION 50-151. 12 ELIGIBILITY TO PARTICIPATE. AND READOPTING SAME, AS 13 REVISED IN ORDER TO IMPLEMENT THE TERMS OF THE 14 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY 15 OF PALM BEACH GARDENS AND THE PALM BEACH COUNTY 16 POLICE BENEVOLENT ASSOCIATION; PROVIDING THAT EACH 17 AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 18 50. POLICE. SHALL REMAIN IN FULL FORCE AND EFFECT AS 19 PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 20 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 21 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 22 23 24 WHEREAS, the City of Palm Beach Gardens and the Palm Beach County Police 25 Benevolent Association recently entered into a collective bargaining agreement; and 26 27 WHEREAS, the collective bargaining agreement contains certain changes to the 28 Police Officers' Retirement Trust Fund; and 29 30 WHEREAS, to implement the collective bargaining agreement it is necessary to 31 amend the Police Officers' Retirement Trust Fund Ordinance; and 32 33 WHEREAS, the City Council deems approval of this Ordinance to be in the best 34 interests of the health, safety, and welfare of the residents and citizens of the City of 35 Palm Beach Gardens and the public at large. 36 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COUNCIL OF THE 39 CITY OF PALM BEACH GARDENS that: 40 41 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 42 43 SECTION 2. Chapter 50. Police. of the Code of Ordinances of the City of Palm 44 Beach Gardens, Florida is hereby amended at Article Ill. Police Officers' Retirement 45 Trust Fund. by repealing subsection 50-62(c) and readopting same, as revised; 46 providing that Section 50-62. shall hereafter read as follows: Ordinance 9, 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 Sec. 50-62. Establishment and maintenance of retirement system. (a) — (b) (These subsections shall remain in full force and effect as previously adopted.) (c) The fund shall be maintained in the following manner: (1) By payment to the fund of the new proceeds of the 0.85 percent excise tax which may be imposed by the city upon certain casualty insurance companies on their gross receipts of premiums from holders of policies, which policies cover property within the corporate limits of the city as authorized in Chapter 185, Florida Statutes, as amended. (2) By payment to the fund of eight and sixty one hundredths percent (8.60%) of the salary of each full-time police officer duly appointed and enrolled as a member of the city police department; which eight and sixty one hundredths percent (8.60%) shall be deducted by the city from the compensation due to the police officer and paid over to the board of trustees of the pension fund immediately. Notwithstanding the preceding sentence, effective June 5, 2014, the police officer contribution shall be increased by eleven percent (11 %) of salary (equal to a total increase of $538,552 for all contributing police officers). Also effective on June 5, 2014, and immediately following the increase in the police officer contribution provided in the preceding sentence, the police officer contribution shall be reduced back to eight and sixty one hundredths percent (8.60%) of salary, using $538,552 from the Accumulated Excess Chapter 185 Premium Tax Reserve to fund the reduction in police officer contributions. In implementing the foregoing, no police officer shall be required to contribute more than eight and sixty one hundredths percent (8.60%) of salary to the Plan, and the City's annual pension contribution requirement for the 2013-14 plan year shall be reduced by an amount equal to $538,552. (3) By all fines and forfeitures imposed and collected from any police officer because of the violation of any rule and regulation promulgated by the board of trustees. (4) By mandatory payment annually by the city and other sources of a sum equal to the normal costs and amount required to fund over a 30-year basis any actuarial deficiency shown by a triennial actuarial valuation. The first such actuarial valuation shall be conducted for the year ending September 30, 1986. (5) By all gifts, bequests, and devises when donated to the fund. Page 2 of 6 Ordinance 9, 2014 1 (6) By all accretions to the fund by way of interest or dividends on bank 2 deposits, or otherwise. 3 4 (7) By all other sources or income now or hereafter authorized by law for the 5 augmentation of the pension fund. 6 7 (d) (This subsection shall remain in full force and effect as previously adopted.) 8 9 SECTION 3. Chapter 50. Police. of the Code of Ordinances of the City of Palm 10 Beach Gardens, Florida is hereby amended at Article 111. Police Officers' Retirement 11 Trust Fund by repealing Section 50-116. Normal Retirement. and readopting same, as 12 revised; providing that Section 50-116. shall hereafter read as follows: 13 14 Sec. 50-116. Normal retirement. 15 16 (a) Date. A member's normal retirement date shall be upon the attainment of age fifty- 17 two (52), provided the officer has at least ten (10) years of service, or upon completion 18 of twenty (20) years of service, regardless of age. Notwithstanding the preceding 19 sentence, for police officers with less than ten (10) years of creditable service on 20 September 13, 2012, and police officers hired on or after that date, the normal 21 retirement date shall be upon the attainment of age fifty-nine (59) and at least ten (10) 22 years of creditable service, and effective July 1, 2016, the normal retirement date for 23 police officers with less than ten (10) years of creditable service on September 13, 24 2012, and police officers hired on or after that date, shall be age fifty-five (55) with at 25 least ten (10) years of creditable service, or twenty-five (25) years of creditable service 26 regardless of age. 27 28 (b) Benefit. The monthly amount of normal retirement benefit payable to a police 29 officer who retires on the normal retirement date shall be an amount equal to 3.5 30 percent multiplied by the number of years of credited service, up to a maximum of one 31 hundred (100) percent, multiplied by average monthly earnings. Notwithstanding the 32 preceding sentence, for police officers who are employed and have not attained the 33 normal retirement date prior to September 13, 2012, the monthly amount of normal 34 retirement benefit payable to a police officer who retires on or after the normal 35 retirement date shall be an amount equal to 3.5 percent multiplied by the number of 36 years of credited service prior to September 13, 2012, the e#eGtive date of this 37 eFdiRanGe, plus 2.75 percent multiplied by the number of years of credited service on 38 and after September 13, 2012 the e#eGtive date of this eFdinaRGe, up to a maximum of 39 seventy-five (75) percent, multiplied by the police officer's average monthly earnings; 40 and for police officers hired on or after September 13, 2012 the e#eGtive date of 41 er-diRaasey the monthly amount of normal retirement benefit payable to a police officer 42 who retires on or after the normal retirement date shall be an amount equal to 2.75 43 percent multiplied by the number of years of credited service on and after September 44 13, 2012 the e#ertive date of this oFdina , up to a maximum of seventy-five (75) 45 percent, multiplied by the police officer's average monthly earnings. In no event will the 46 benefit paid be less than two (2) percent per year of service. Ordinance 9, 2014 1 (c) Payment. A retired police officers retirement benefit normally shall be payable in 2 the form of a monthly life annuity with one hundred twenty (120) monthly payments 3 guaranteed. This form of annuity provides for a retirement benefit payable monthly to 4 the retired employee during their lifetimes with a guarantee that not less than one 5 hundred twenty (120) monthly retirement benefits shall be paid, even if the retired 6 employee dies prior to the receipt of one hundred twenty (120) payments. 7 8 SECTION 4. Chapter 60. Police. of the Code of Ordinances of the City of Palm 9 Beach Gardens, Florida is hereby amended at Article 111. Police Officers' Retirement 10 Trust Fund by repealing Section 50-151. Eligibility to Participate. and readopting same, 11 as revised; providing that Section 50-151. shall hereafter read as follows: 12 13 Sec. 50-151. Eligibility to participate. 14 15 (a) Any member who is eligible to receive a normal retirement pension may enter into 16 the (DROP) for no more than five (5) years. Members shall elect to participate by 17 applying to the board of trustees on a form provided for that purpose. 18 19 (b) Election to participate shall be forfeited if not exercised within the first twenty-five 20 (25) years of credited service. Notwithstanding the preceding sentence, effective July 1, 21 2016, a member who becomes eligible to participate in the DROP may delay the 22 election to participate in the DROP until such time as the member has accrued the 23 maximum benefit percentage of seventy-five (75) percent. For members who delay the, 24 election to participate in the DROP in accordance with the preceding sentence, the 25 election to participate in the DROP shall be forfeited if not exercised within thirty (30) 26 days following the date on which the member has accrued the maximum benefit 27 percentage of seventy-five (75) percent. (c) A member shall not participate in the DROP beyond the time of attaining thirty (30) years of service. Notwithstanding the preceding sentence, effective July 1, 2016, a member who delays the election to participate in the DROP until such time as the member has accrued the maximum benefit percentage of sevenly-five (75) percent may participate in the DROP for a maximum of five (5) years from the date of entry into the DROP. 36 (d) Upon a member's election to participate in the DROP, he shall cease to be a 37 member, and is precluded from accruing any additional benefit under the pension fund. 38 For all fund purposes, the member becomes a retirant. The amount of credited service 39 and final average monthly earnings freeze as of the date of entry into the DROP. 40 41 SECTIONS. All ordinances or parts of ordinances in conflict be and the same 42 are hereby repealed. 43 44 45 46 Ordinance 9, 2014 1 SECTION 6. Should any section or provision of this Ordinance or any portion 2 thereof, any paragraph, sentence, or word be declared by a Court of competent 3 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 4 this Ordinance. 5 6 SECTION 7. Specific authority is hereby given to codify this Ordinance. 7 8 SECTION 8. This Ordinance shall become effective immediately upon adoption. 9 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 1�� 1074MFSTRIW1 1. 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 1 2014, upon first reading. PASSED AND ADOPTED this day of 2014, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 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:Nattorney_share\ORDINANCES\2014\Ordinanc-e 9 2014 - PBG Police, Pension,docx Page 6 of 6 jTw*,t : 7 : 0 3 q:6v CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 1, 2014 7:00 P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. PLEDGE OF ALLEGIANCE ✓ U. ROLL CALL M. ADDITIONS, DELETIONS. MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. 2013 ANNUAL AUDIT REPORT. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VH. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIH. CONSENT AGENDA: a. APPROVE MINUTES FROM APRIL 3, 2014 CITY COUNCIL MEETING. b. PURCHASE AWARD — TRANSPORTATION SERVICES — SUMMER CAMP. C. RESOLUTION 27, 2014 — LEGACY PLACE PCD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDITIONAL SPECIAL EVENTS FOR THE LEGACY PLACE PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. RESOLUTION 28, 2014 - EMERGENCY PURCHASE TO D.S. EAKINS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RATIFYING AN EMERGENCY PURCHASE TO D.S. EAKINS CONSTRUCTION CORPORATION FOR A STORM WATER PIPE REPAIR UNDER GARDENS SQUARE BOULEVARD AND GARDEN LAKES DRIVE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. RESOLUTION 33, 2014 — RECOGNIZING CITY ATTORNEY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RECOGNIZING R. MAX LOHMAN, ESQ. AS THE CITY ATTORNEY AND COMMEMORATING FIVE (5) YEARS OF SERVICE AS SAME; PROVIDING A CONFLICTS CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. PURCHASE AWARD — CHANGE ORDER FOR LIGHTHOUSE BRIDGE REFURBISHMENT/REPAIRS. g. PROCLAMATION — MUNICIPAL CLERKS WEEK. h. PROCLAMATION —WATER REUSE WEEK —MAY 18-24, 2014. i. PROCLAMATION — NATIONAL PUBLIC WORKS WEEK. j. PROCLAMATION — CIVILITY MONTH. k. PROCLAMATION — NATIONAL POLICE WEEK. PROCLAMATION — NATIONAL MISSING AND EXPLOITED CHILDREN'S DAY. IX. PUBLIC HEARINGS: (* Designates Ouasi-Judicial Hearin a. ORDINANCE 6, 2014 — ELECTIONS. (2"° READING AND ADOPTION). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. AT SECTION Q� 26-8. INITIATIVE AND REFERENDUM. BY REPEALING SUBSECTION (g) AND S-� READOPTING SAME, AS REVISED, IN ACCORDANCE WITH SECTION 163.031, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 26. ELECTIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. ORDINANCE 7, 2014 — (1'* READING). AMEND THE CITY'S LAND P0. DEVELOPMENT REGULATIONS (LDR'S). AN ORDINANCE OF THE CITY .$L.,L COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-228. LANDSCAPE 50 ELEMENTS. BY REPEALING AND READOPTING SUBSECTIONS (b)(1)b AND (c), AS REVISED; FURTHER AMENDING SECTION 78-228. LANDSCAPE ELEMENTS. BY DELETING SUBSECTIONS (c)(1) THROUGH (c)(4) IN THEIR ENTIRETY; AMENDING SECTION 78-229. SIGNAGE AND OUTDOOR DISPLAYS. BY REPEALING SUBSECTION (a)(2) AND READOPTING SAME, AS REVISED, AND BY DELETING SUBSECTIONS (a)(3) AND (a)(4) IN ORDER TO REPEAL DEADLINES FOR LANDSCAPING AND SIGNAGE COMPLIANCE UNDER THE NORTHLAKE BOULEVARD OVERLAY ZONE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 40 nxT . ' �3 S CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 1, 2014 7:00 P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. L/ PLEDGE OF ALLEGIANCE II. MOLL CALL III: ADDITIONS, DELETIONS, MODIFICATIONS: IV &ANNOUNCEMENTS / PRESENTATIONS: a. 2013 ANNUAL AUDIT REPORT. V. ✓ ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. c/CITY MANAGER REPORT: VII.L,-'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: d a. APPROVE MINUTES FROM APRIL 3, 2014 CITY COUNCIL MEETING. b. PURCHASE AWARD - TRANSPORTATION SERVICES - SUMMER CAMP. c. RESOLUTION 27, 2014 - LEGACY PLACE PCD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDITIONAL SPECIAL EVENTS FOR THE LEGACY PLACE PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. RESOLUTION 28, 2014 - EMERGENCY PURCHASE TO D.S. EAKINS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RATIFYING AN EMERGENCY PURCHASE TO D.S. EAKINS CONSTRUCTION CORPORATION FOR A STORM WATER PIPE REPAIR UNDER GARDENS SQUARE BOULEVARD AND GARDEN LAKES DRIVE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 4. e. RESOLUTION 33, 2014 — RECOGNIZING CITY ATTORNEY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RECOGNIZING R. MAX LOHMAN, ESQ. AS THE CITY ATTORNEY AND COMMEMORATING FIVE (5) YEARS OF SERVICE AS SAME; PROVIDING A CONFLICTS CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. PURCHASE AWARD — CHANGE ORDER FOR LIGHTHOUSE BRIDGE REFURBISHMENT/REPAIRS. g. PROCLAMATION — MUNICIPAL CLERKS WEEK. h. PROCLAMATION —WATER REUSE WEEK — MAY 18-24, 2014 PROCLAMATION — NATIONAL PUBLIC WORKS WEEK. PROCLAMATION — CIVILITY MONTH. k. PROCLAMATION — NATIONAL POLICE WEEK. PROCLAMATION — NATIONAL MISSING AND EXPLOITED CHILDREN'S DAY. IX. PUBLIC HEARINGS: (* Designates Quasi -Judicial Hearing) a. ORDINANCE 6, 2014 — ELECTIONS. (2ND READING AND ADOPTION). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. AT SECTION 26-8. INITIATIVE AND REFERENDUM. BY REPEALING SUBSECTION (g) AND READOPTING SAME, AS REVISED, IN ACCORDANCE WITH SECTION -C� 163.031, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 26. ELECTIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. ORDINANCE 7, 2014 — (1st READING). AMEND THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR'S). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-228. LANDSCAPE ELEMENTS. BY REPEALING AND READOPTING SUBSECTIONS (b)(1)b AND (c), AS REVISED; FURTHER AMENDING SECTION 78-228. LANDSCAPE 5-' O ELEMENTS. BY DELETING SUBSECTIONS (c)(1) THROUGH (c)(4) IN THEIR ENTIRETY; AMENDING SECTION 78-229. SIGNAGE AND OUTDOOR DISPLAYS. BY REPEALING SUBSECTION (a)(2) AND READOPTING SAME, AS REVISED, AND BY DELETING SUBSECTIONS (a)(3) AND (a)(4) IN ORDER TO REPEAL DEADLINES FOR LANDSCAPING AND SIGNAGE COMPLIANCE UNDER THE NORTHLAKE BOULEVARD OVERLAY ZONE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. ORDINANCE 9, 2014 — (1ST READING). POLICE OFFICERS' RETIREMENT TRUST FUND. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 50. POLICE. OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA AT ARTICLE III. POLICE OFFICERS' RETIREMENT TRUST FUND. BY REPEALING SUBSECTION 50-62(c) AND READOPTING SAME, AS REVISED; BY REPEALING SECTION 50-116. NORMAL RETIREMENT. AND READOPTING SAME, AS REVISED; AND BY REPEALING SECTION 50-151. ELIGIBILITY TO PARTICIPATE. AND READOPTING SAME, AS REVISED IN 5.10 ORDER TO IMPLEMENT THE TERMS OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 50. POLICE. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. ' RESOLUTIONS: XI. V ITEMS FOR COUNCIL ACTION/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. Please Print Name: —i Address: - i- City: P �.., Subject: COMMENTS FROM THE PUBLIC Request to Address City. Council CyraPtk' Q 5o(4rc r Gr'r' A-1 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 Gity 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 Councils, Please Print Name: /�'l�i�✓/� /f/�/lj/l U Address: - /�U�-�'� City: �1>. Subject: �7 C Fi ed,e� SP,�-cam. 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: Ifs r-- a I r4r,�* 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 Pr Name: Address: City: 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. COMMENTS ROM THE PUBLIC ~� Request to Address City. Council Please Print Addres,s.City: - a 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Addres,s: City: 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 Gity 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. CITY OF PALM BEACH GARDENS PALMBEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Robert G. Premuroso, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of May 4, 2014 through May 10, 2014, as MUNICIPAL CLERKS WEEK in the City of Palm Beach Gardens and further extend appreciation to our Certified Municipal Clerk, Patricia Snider and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 1s' Day of May, in the year Two Thousand and Fourteen Robert G. Premuroso, Mayor Patricia Snider, (;MC, City Clerk PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, public works services provided in our community are an integral part of our citizen's everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, WHEREAS, this year's theme is "Public Works: Serving you and your community" as we celebrate the hard work and dedication of the many public works professional throughout the world. NOW, THEREFORE, I, Robert G. Premuroso, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of May 18 through May 24, 2014 as 4 TIONAL PUBLIC WORKS WEEK 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 1 s` day of May in the Year Two Thousand and Fourteen. Atte Robert G. Premuroso, Mayor Patricia Snider, C11C, City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens and visitors; and WHEREAS, Florida's water supplies are finite, while our population and our need for water resources continues to increase; and WHEREAS, water reuse provides a means for conserving and augmenting Florida's precious water resources; and WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes, and WHEREAS, Florida's permitted reuse capacity exceeds 1.7 billion gallons per day (more than 67 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities); and WHEREAS, Florida leads the nation in reusing 725 million gallons of reclaimed water each day to conserve freshwater supplies and recharge our freshwater resources; and WHEREAS, the State of Florida has declared the week of May 18-24, 2014 to be Water Reuse Week in Florida; and WHEREAS, The City of Palm Beach Gardens has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation; and WHEREAS, The City of Palm Beach Gardens has implemented a water reuse program and encourages efficient and effective use of reclaimed water; and NOW, THEREFORE, I, Robert G. Premuroso, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of May 18-24, 2014 as: WATER REUSE WEEK The City of Palm Beach Gardens is calling upon each citizen and business to help protect our precious resource by practicing water conservation and to use reclaimed water in an efficient and effective means. _ .x Attest: ZL9� Patricia Snider, CMC, City Clerk 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 1st day of May in the year Two Thousand and Fourteen. Robert G. Premuroso, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and WHEREAS, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and WHEREAS, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others, and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government, and WHEREAS, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and WHEREAS, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, I, Robert G. Premuroso, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of May 2014, as CIVILITYMONTH in the City of Palm Beach Gardens and call upon all citizens to exercise civility toward each oth IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this let Day of May, in the year Two Thousand and Fourteen. Robert G. Premuroso, Mayor ATTEST - Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, according to the most recent, comprehensive national study for the number of missing children, an estimated nearly 800, 000 children younger than 18 were reported missing; and WHEREAS, on average, there is an estimated average of 2, 000 children reported missing to law - enforcement agencies daily; and WHEREAS, approximately 58, 000 of these children are victims of non family abductions and more than 200, 000 are the victims of family abductions; and WHEREAS, the National Center for Missing and Exploited Children (NCMEQ exists as a resource to help prevent child abduction and sexual exploitation; help find missing children; and assist victims of child abduction and sexual exploitation, their families, and the professionals who serve them, and WHEREAS, National Missing Children's Day is a special time to remember those children who are missing and give hope to their families; and WHEREAS, be it further resolved that Palm Beach Gardens urges the participation of local government law enforcement, schools, community -based organizations, and families in the protection and education of all individuals about child abduction and sexual exploitation, appropriate protective measures, and ways to respond and seek help from law enforcement, social services, and the National Center for Missing & Exploited Children; and WHEREAS, be it further proclaimed that Palm Beach Gardens encourages all individuals to take 25 minutes to help children stay safer; and NOW, THEREFORE, I, Robert G. Premuroso, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim May 25`h as National Missing Children's Day in the City of Palm Beach Gardens as part of Palm Beach Gardens' continuing efforts to prevent the abduction and sexual exploitation of children. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this f st Day of May, in the year Two Thousand and Fourteen. Robert G. Premuroso, Mayor Patricia Snider, CMC City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Congress and President of the United States have designated May 15, 2014 as Peace Officers' Memorial Day, and the week of May 12t` — 18'* as National Police Week in honor of all fallen officers and their families; and; WHEREAS, there are approximately 900, 000 law enforcement officers serving in communities across the United States, including the dedicated members of the City of Palm Beach Gardens Police Department, and; WHEREAS, nearly 60, 000 assaults against law enforcement officers are reported each year, resulting in approximately 16, 000 injuries, and; WHEREAS, since the first recorded death in 1791, almost 20, 000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty, including 1 member of the Palm Beach Gardens Police Department, and; WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D. C., and; WHEREAS, there were 120 law enforcement officers killed in the line of duty during 2012, 5 of which were from the State of Florida; NOW, THEREFORE, I, Robert G. Premuroso, Mayor of the City of Palm Beach Gardens, formally designates May 12-18, 2014, as; National Police Week in the City of Palm Beach Gardens, Florida, and publicly salutes the service of law enforcement officers in our community and in communities across the nation. 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 Im day of May in the year Two Thousand and Fourteen. Robert G. Premuroso, Mayor Patricia sniarer, CMC , City Clerk