HomeMy WebLinkAboutAgenda Council Agenda 101217CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 12, 2017
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. CHARTER REVIEW COMMITTEE FINAL REPORT.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VII. CITY MANAGER REPORT:
VIII. CONSENT AGENDA:
a. APPROVE MINUTES FROM SEPTEMBER 25, 2017 CITY COUNCIL MEETING.
b. RESOLUTION 62, 2017 - NON-EXCLUSIVE EASEMENT TO FLORIDA POWER
& LIGHT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, GRANTING A NON-EXCLUSIVE EASEMENT
TO FLORIDA POWER & LIGHT COMPANY FOR THE INSTALLATION,
OPERATION, MAINTENANCE, AND SERVICE OF ELECTRIC FACILITIES;
AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES
c. RESOLUTION 67, 2017 - NON-EXCLUSIVE UTILITY EASEMENT TO FLORIDA
POWER & LIGHT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, GRANTING A NON-EXCLUSIVE UTILITY
EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR THE
RELOCATION OF EXISTING UNDERGROUND POWER LINES TO FACILITATE
THE WIDENING OF THE HOOD ROAD BRIDGE OVER INTERSTATE 95;
AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Marino
Vice Mayor Marciano
Councilmember Woods
Councilmember Lane
Councilmember Litt
d. RESOLUTION 72, 2017 - AGREEMENT FOR WETLAND MITIGATION. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING A CONTRACT FOR SALE AND PURCHASE
OF 2.06 OFF-SITE MITIGATION CREDITS FOR THE FIRST PHASE OF THE
DEVELOPMENT OF THE SANDHILL CRANE GOLF COURSE MAINTENANCE
FACILITY AND PARKING EXPANSION; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
e. RESOLUTION 73, 2017 - ALTON PCD PARCELS D, E, AND F PLAT APPROVAL.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING THE PLAT FOR ALTON PLANNED
COMMUNITY DEVELOPMENT (PCD) TRACTS D, E, AND F; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES
f. PURCHASE AWARD - RENTAL OF MOTOR VEHICLES (POLICE).
g. PURCHASE AWARD - MANAGEMENT AGREEMENT FOR FOOD & BEVERAGE
OPERATIONS AT SANDHILL CRANE GOLF CLUB.
h. PURCHASE AWARD - INFRASTRUCTURE WORK AT PUBLIC SAFETY
TRAINING COMPLEX.
i. PROCLAMATION – NATIONAL COMMUNITY PLANNING MONTH.
j. PROCLAMATION – NATIONAL BREAST CANCER AWARENESS MONTH.
k. PROCLAMATION – FLORIDA CITY GOVERNMENT WEEK.
l. PROCLAMATION – NATIONAL RED RIBBON WEEK.
m. PROCLAMATION – READ FOR THE RECORD.
n. PROCLAMATION – 90TH ANNIVERSARY OF LESSER, LESSER, LANDY & SMITH.
o. PROCLAMATION – HONORING GRAND MASTER OF MASONS, RICHARD G.
HOOVER.
IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing)
a. ORDINANCE 22, 2017 – (2ND READING AND ADOPTION) BAN OF MEDICAL
MARIJUANA TREATMENT CENTER AND DISPENCING FACILITIES. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT. AT
SECTION 78-159. TABLE 21: PERMITTED, CONDITIONAL, AND PROHIBITED
USE CHART, AND ADOPTING NEW NOTE (j)(73) TO TABLE 21 IN ORDER TO
ADD MEDICAL MARIJUANA TREATMENT CENTER – DISPENSING FACILITIES
TO THE LIST OF PROHIBITED USES IN ALL ZONING DISTRICTS; FURTHER
AMENDING CHAPTER 78 AT SECTION 78-751. DEFINITIONS. BY ADDING THE
NEW DEFINITIONS “MARIJUANA”, “MEDICAL MARIJUANA TREATMENT
CENTER-DISPENSING FACILITY”; 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.
b. ORDINANCE 23, 2017 – (2ND READING AND ADOPTION) MORATORIUM ON
MICRO WIRELESS FACILITIES UNTIL DECEMBER 31, 2017. AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
ESTABLISHING AND IMPOSING A TEMPORARY MORATORIUM WITHIN THE
CITY OF PALM BEACH GARDENS ON THE SUBMITTAL AND PROCESSING
OF APPLICATIONS AND ISSUANCE OF ANY PERMITS PERTAINING TO
COLLOCATION ON EXISTING OR THE CREATION OF NEW UTILITY POLES
IN THE RIGHTS-OF-WAY TO SUPPORT SMALL WIRELESS FACILITIES OR
MICRO WIRELESS FACILITIES UNTIL DECEMBER 31, 2017, IN ORDER TO
ALLOW AN OPPORTUNITY TO DEVELOP REGULATIONS CONSISTENT WITH
CHAPTER 2017-136, LAWS OF FLORIDA THAT BECAME EFFECTIVE JULY 1,
2017; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
c. *RESOLUTION 71, 2017 – MISCELLANEOUS AMENDMENT FOR BURWICK
COMMUNITY RESIDENTIAL ENTRY SIGNS. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
A MISCELLANEOUS AMENDMENT TO ALLOW THREE RESIDENTIAL ENTRY
SIGNS FOR THE BURWICK RESIDENTIAL COMMUNITY WITHIN THE PGA
NATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD), LOCATED SOUTH
OF PGA BOULEVARD AND EAST OF RYDER CUP BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF
APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
X. RESOLUTIONS:
a. RESOLUTION 68, 2017 – APPOINTMENTS AND RE-APPOINTMENTS TO THE
ART IN PUBLIC PLACES ADVISORY BOARD. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE ART
IN PUBLIC PLACES ADVISORY BOARD; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
b. RESOLUTION 69, 2017 – APPOINTMENTS AND RE-APPOINTMENTS TO THE
PARKS AND RECREATION ADVISORY BOARD. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE
PARKS AND RECREATION ADVISORY BOARD; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
c. RESOLUTION 70, 2017 – APPOINTMENTS AND RE-APPOINTMENTS TO THE
PLANNING, ZONING AND APPEALS BOARD. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE
PLANNING, ZONING, AND APPEALS BOARD; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
XI. 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 parties 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 five (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.
Page 1 of 8
To: City Council, City of Palm Beach Gardens
From: City of Palm Beach Gardens 2017 Charter Review Committee
Brian M. Seymour, Chair
Margret Shannon, Vice-Chair
Craig Allgood
Ian Helsby
Steve Matheson
cc: City Manager and City Attorney, City of Palm Beach Gardens
Pursuant to Resolution 50, 2017, the City of Palm Beach Gardens Charter Review Committee met to
review and consider potential changes to the City’s Charter. Our meetings were facilitated by Dr. Robert
E. Lee, an expert in the area of City management and City Charters. Set forth herein are the
Committee’s recommendations for Charter Amendments. For ease of tracking, we have identified the
areas of proposed change in the order they appear in the Charter. Following each proposed change, we
have identified the basis for our reasoning. All of the elements of this report are the consensus of the
Committee as a whole as representatives of the citizens of the City. We note that we had open
meetings that were properly noticed and invited public comment. Each of these recommendations
considered the members of the public who were not members of the Committee. Each of us
appreciates the opportunity to participate in this important process and thank the City Council for
appointing us for this important task.
The first point of importance that was shared by our facilitator, Dr. Lee, was the purpose of a Charter. A
City Charter is meant to be an overall governing document that covers the most critical areas of long
term concern for a city that requires direct citizen vote as opposed to the representative democratic
process in the election of the City Council. This includes items such as the form of government,
elections, number and terms of the Council, and the powers of the council and manager (in the case of a
council/manager form of government as is the case for the city). The Charter should not include
administrative matters.
We also note that there are various elements of the current charter that (1) are no longer legal as
conflicting with state statute, (2) are internally conflicting, (3) deal with administrative matters, or (4)
are confusing or unclear. We have tried to identify these issues where appropriate and defer to the city
attorney on matters of legality.
General Comments
The Charter uses “his” throughout. We recommend that this be updated to “his/her,” “its,” “a,” or
“their” as appropriate. This is merely an administrative matter that we hope would not require a vote of
the Citizens.
The organization of the Charter can be somewhat confusing. We recommend considering a
reorganization so long as it does not overly confuse the substantive issues that you decide to place on
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the ballot. This seems merely administrative and we hope that it can be handled after the final vote on
the proposed amendments.
Article III
Section 3.1
Recommendation: We recommend some minor text changes to update terminology, not to change
the form of government, as follows: The form of government of the City of Palm Beach Gardens shall be
that known as the “Council-Manager Plan.”
Article IV
Section 4-1
Recommendation: We recommend that term limits remain and that they be provided as three full
three (3) year terms and that it be clarified that after being elected to three consecutive three (3) year
terms and serving at least one-half of the final term, a person may run again only after sitting out a full
three (3) year term. We should also clarify that service of one-half or less than one-half of a full three
(3) year term shall not count toward the subject term limit.
Reasoning: The committee believes that three (3) terms of three years would be the optimal choice
allowing voters one more opportunity to have a say while providing for enough time for the council
members to learn, work, and achieve their goals. The clarification of less than a full term is consistent
with the term limits for President of the United States as set forth in the 22nd Amendment to the U.S.
Constitution.
Recommendation: We further recommend that some of the language relative to “a majority of the
votes cast” be clarified to provide that only votes cast for a qualified candidate whose name appears on
the ballot and is eligible to take office at the time of the election shall be counted. No vote for a
deceased, withdrawn, or removed candidate should count or contribute toward the total number of
votes, number of under votes, or number or over votes.
Reasoning: This would avoid the situation wherein someone qualifies, then withdraws, but votes
are cast creating confusion and the possibility of a very expensive (over $80,000 at this time) run-off
election.
Recommendation: We recommend that elections be determined by plurality and not majority of
votes cast for a candidate qualified to be on the ballot at the time of the election.
Reasoning: In the past 15 years, there has not been a single election where the winner of the run-
off was not the person who received the plurality of the votes in the general election. However, the
requirement of a run-off election has cost the tax payers hundreds of thousands of dollars during this
time period, money which could have been saved with no change in the election results. For example,
our most recent run-off election cost the City’s tax payers $70,854.28. Further, in the case of the run-off,
Page 3 of 8
even with this money spent, only an extremely small percentage (fewer than 15%) of the electorate
choses the councilmember.
Section 4-2
Recommendation: We recommend that this be deleted in its entirety. The Oath of Office is
established by state law, rendering this section unnecessary.
Section 4-4
Recommendation: We recommend that the charter be amended as previously suggested by the
city attorney, with a clarification that the “next available election” be the next available uniform
municipal election.
Reasoning: The reasoning is as provided by the city attorney and would be in line with better
process and the requirements of the agreements with the Supervisor of Elections.
Article V
Section 5-1
Recommendation: We recommend a slight change in the wording for the purposes of clarity as
follows: “… functions of municipalities prescribed, authorized, and provided in unless prohibited by the
Constitution or general laws of the State of Florida fully and completely unless prohibited by or contrary
to the provisions of this act [Charter].”
Reasoning: We believe that the City should be authorized to undertake any action deemed
necessary unless prohibited by law. We believe this is the intent of this section and clarifies that intent.
Additionally, Chapter 166, Fla. Stat. (the Homerule Powers Act) already empowers the City in this regard.
Section 5-2
Recommendation: We recommend removing this section in its entirety.
Reasoning: The City’s powers should be anything allowed by law, as noted above. This could create
confusion and is unnecessary.
Article VI
Section 6-1(a)
Recommendation: We recommend removing the residency requirement for the city manager as
follows: “The city manager need not be a resident of the city at the time of appointment, however, must
be a resident within one year following the appointment, though residency as soon as practical after
appointment is encouraged.”
Page 4 of 8
Reasoning: This is not typical of a charter. This is something that may be adopted by ordinance or
could properly be put into the contract for the city manager. Making it a charter requirement could
severely limit the opportunities for the hiring of a future qualified city manager. We believe it is best for
the city council to make the determination of an appropriate city manager based on numerous factors,
which may include residency, but not be hamstrung to this particular requirement.
Section 6-1(b)
Recommendation: We recommend that this be clarified that the city manager is responsible to the
council for the regular administration of all city affairs and employees. We further recommend that the
designation of an acting manager be deleted from this section. The section would then read as follows:
“The city manager shall be the administrative head of the municipal government under the laws and
Charter of the city responsible to the city council for the administration of all city affairs and employees
placed in the manager’s charge by tor under this Charter or city ordinances. In the event of his/her
absence or disability, the city manager may designate an employee or other charter officer as the acting
city manager limited to the time of the manager’s absence or disability.”
Reasoning: The city manager is responsible for the day to day operations of the City and should be.
Members of the council should not directly interfere with the day to day operations or employees due
to the likelihood of creating conflict. This is not to say that the council cannot discuss matters with city
employees, only that the city manager would be engaged and involved so that he or she can properly
manage the city. The deletion of the last sentence is due it being duplicative of Section 6-1(f).
Section 6-1(c)(4)
Recommendation: We recommend deleting “and to submit for its consideration an annual
budget.”
Reasoning: This is duplicative of Section 6-1(c)(2)
Section 6-1(c)(5)
Recommendation: We recommend clarifying that all employees, with the exception of the city
attorney, be hired or terminated by the city manager as follows: “To appoint all department heads and
to employ and remove all employees of the city, except for the city attorney.”
Reasoning: The city manager knows best the day to day operations of the city, what employees are
needed, and which employees are performing their jobs to city standards. It is customary, and
appropriate, in a council-manager form of government that this authority be vested in the manager. The
exception of the city attorney is because the city attorney is in a unique position to advise the council of
its legal rights and obligations as the representatives of the city.
Section 6-1(c)(8)
Page 5 of 8
Recommendation: We recommend that this be clarified to identify federal law as well as state and
local law.
Reasoning: Practically speaking, the city manager must follow all applicable laws. This simply
clarifies that federal laws are not intended to be excluded from the manager’s obligations.
Section 6-1(d)
Recommendation: We recommend excluding the city attorney from the last sentence regarding
council and its members dealing with employees solely through the manager.
Reasoning: The city attorney is in a unique position to advise the council and its members of their
legal rights and obligations.
Section 6-1(e)
Recommendation: There are two typos in this section. On the fourth line, “manager” is missing an
“a” and is typed as “manger.” Later in that line, “replay” should be “reply.”
Section 6-1(f)
Recommendation: We recommend removing this section.
Reasoning: This is duplicative of language already in Section 6-1(a).
Section 6-2(a)
Recommendation: We recommend clarification in the first sentence on the vote to retain (or
remove) the city attorney. The section would read as follows: “The city council, by a majority vote of its
total membership, shall appoint or remove a city attorney.”
Reasoning: This clarifies the required vote so that not less than a majority could hire or remove the
city attorney.
Section 6-2(b)
Recommendation: We recommend removing “or the city manager” at the end of the first sentence.
Reasoning: The city attorney is a unique position and the city manager should not be determining
the role of the city attorney, which should remain with the city council.
Section 6-2(b)(2)
Recommendation: We recommend removing “as may be approved by the city manager” from this
provision.
Reasoning: The city attorney should answer to the city council, as discussed above.
Page 6 of 8
Section 6-2(b)(5)
Recommendation: We recommend that this be clarified to identify federal law as well as state and
local law.
Reasoning: Practically speaking, the city manager must follow all applicable laws. This simply
clarifies that federal laws are not intended to be excluded from the manager’s obligations.
Section 6-2(c)
Recommendation: We recommend that this be clarified to identify federal law as well as state and
local law.
Reasoning: Practically speaking, the city manager must follow all applicable laws. This simply
clarifies that federal laws are not intended to be excluded from the manager’s obligations.
ARTICLE VII
Recommendation: We recommend removing all of Article VII.
Reasoning: This is not a critical issue that belongs in a City Charter. The determination of
employment should be by the city council or city manager in accordance with employment laws.
ARTICLE VIII
Section 8-1
Recommendation: We recommend removing this section in its entirety.
Reasoning: This is duplicative of what is in the Charter regarding the city manager or otherwise is
not proper for a broad governing document such as the City Charter.
Section 8-2
Recommendation: We recommend removing “but it may raise or lower salaries of all members of
future councils, to take effect during the fiscal year following the adoption of an ordinance to that
effect.”
Reasoning: We found the reference to “future councils” to be confusing. Further, we do not believe
that this is needed in a charter. The city council salaries are included in the annual budget. We believe
the voters would immediately take action on any council members that authorized an inappropriate
raise for themselves.
ARTICLE IX
Section 9-1
Page 7 of 8
Recommendation: We recommend removing “… and as the city official designated to represent the
city in all other governmental meetings…” and to clarify so that it would read as follows: “The mayor
shall preside… for purposes of military law, for service of process, and execution of contracts, deeds and
other documents. and as the city official designated to represent the city in all other governmental
meetings, but The mayor shall have…” We further recommend adding clarifying language that allows
the city manager to sign contracts as delegated to the manager by the city council.
Reasoning: It is not practical for the mayor to be the only official allowed to represent the city in all
governmental meetings. The council should make this determination as appropriate. Further, there may
be meetings with staff of other governmental agencies wherein only city staff are required or
appropriate. Further, it should be clear that this provision is not in conflict with the city manager’s
obligation to administer the day to day operations of the city and the use of “other documents” could
cause such confusion.
Section 9-2
Recommendation: We recommend removing this section in its entirety.
Reasoning: The duties of the city clerk should be established by the city manager. It is not typical for
the clerk’s duties to be in a charter in a council/manager form of government where the clerk reports to
the manager. Additionally, designating specific duties in the charter for the city clerk conflicts the city
manager’s authority over all city employees.
Section 9-3
Recommendation: We recommend removing this in its entirety.
Reasoning: The city need not have a city treasurer. The city has both internal and external auditors
as well as a finance director. It is not typical for such a role to be identified in a charter.
ARTICLE X
Section 10-1
Recommendation: We recommend removal of this provision.
Reasoning: Section 100.361, Florida Statutes sets forth the sole method for recall of public officials.
ARTICLE XII
Recommendation: We recommend removing this article in its entirety.
Reasoning: This is unnecessary and not typical of a charter.
ARTICLE XV
Section 15-1
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Recommendation: We recommend removing this section in its entirety (we note that this would
mean that the entire article could be removed).
Reasoning: This is duplicative of other elements of the charter.
ARTICLE XVII
Section 17-1
Recommendation: We recommend clarifying the language by removing “and regulate” and by
adding the laws of the United States to the law of Florida.
Reasoning: This clarifies what the city can do and clarifies that it will abide by federal election law as
applicable.
ARTICLE XVIII
Recommendation: We recommend removing this article in its entirety.
Reasoning: These are all matters governed by state law.
1 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 September 25, 2017
5
6 The regular meeting was called to order at 7:00 p.m. by Mayor Marino.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Marino, Vice Mayor Marciano, Councilmember Woods, Councilmember
10 Lane, Councilmember Litt.
11 ABSENT: None.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 None.
14 IV. ANNOUNCEMENTS AND PRESENTATIONS
15 a. 2017 RESIDENT OPINION SURVEY -PRESENTATION BY JOSEPH ST. GERMAIN,
16 PH.D., PRESIDENT OF DOWNS & ST. GERMAIN RESEARCH.
17 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
18 Councilmember Rachelle Litt: Attended the Florida League of Cities 91 st Annual Conference;
19 Councilmember Matthew Lane:. Attended the Ribbon Cutting at La Posada. Palm Beach
20 North Chamber of Commerce Government Affairs Committee; Palm Beach North Chamber of
21 Commerce Breakfast; Palm Beach County League of Cities Luncheon; City of Palm Beach
22 Gardens Florida Department of Transportation Workshop; Forum Club; 50th Anniversary of the
23 Gardens Women's Club, Bizpak Lunch; Expressed his appreciation to City Manager Ron Ferris;
24 Expressed his concerns regarding home rule.
25 Councilmember Carl Woods: Attended the meeting with Brian Mast; Commended Mayor
26 Marino on her speech at the Mayor's Breakfast; Announced he is working with the City
27 Manager to resolve issues with traffic; Received an invite to speak in Magnolia Bay regarding
28 burglaries, expressed his appreciation to the Police Chief; Announced the Florida Department of
29 Transportation Workshop will be Tuesday, September 26, 2017 at 5pm at the PGA Marriot
30 Hotel.
31 Vice Mayor Mark Marciano: Announced Mayor Marino did a wonderful job at the Mayor's
32 Breakfast; Toured the UTC building with Planning Manager Peter Hofheinz; Toured the City
33 Police facilities with the Police Chief Stephen Stepp
34 Mayor Maria Marino: Attended the Palm Beach North Chamber of Commerce Mayor's
35 Breakfast; Palm Beach North Chamber Women in Business Annual Tea Scholarship Fundraiser'
36 Metropolitan Planning Organization Board Meeting; Announced on September 25-27 there will
37 be an open Charrette from I0am-7pm at the Riviera Beach Marina Event Center; Attended the
38 Metropolitan Planning Organization Governance Subcommittee Meeting; Palm Beach County
39 League of Cities Board Meeting and Regular Membership Meeting; Florida League of Cities
40 Annual Conference; Palm Beach North Chamber of Commerce Government Affairs Meeting;
41 Palm Beach Gardens City Council FOOT Workshop; 50th Anniversary of the GFWC Palm
42 Beach Gardens Women's Club; Cultural Council of Palm Beach Gardens; Ballet Palm Beach
43 25th Anniversary Season Preview, Thanked the Palm Beach Post for interviewing the City
44 regarding the storm debris; Expressed her appreciation to Palm Beach Gardens Emergency
45 Operations Communications team for their work before, during and after the storm; Thanked the
46 Palm Beach Gardens Fire Rescue Strike Team for joining Palm Beach County Fire Rescue for
47 relief efforts in the Florida Keys.
48 VI. COMMENTS FROM THE PUBLIC
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-25-17
PAGE 1
1 Larry Clawson, 4245 Holly Drive, Palm Beach Gardens; George Wicker, 124 Isles Drive,
2 Palm Beach Gardens; Sandy Gronek, 11198 Thyme Drive, Palm Beach Gardens.
3 VII. CITY MANAGER REPORT
4 Presented a video of City employees during the eclipse and City staff during and after Hurricane
5 Irma. Provided a timeline of the City's assessment and clearing debris from the City major roads
6 after Hurricane Irma. Announced as of Monday, September 25, 2017, the City has collected
7 36,619.78 cubic yards of debris. Announced the lli1'1 season of the Gardens Greemarket opens
8 Sunday, October 1, 2017. National Night Out will be held Friday, October 6, 2017 from 6:00
9 p.m. to 9:00 p.m.
10 VIII. CONSENT AGENDA
11 Councilmember Lane requested that Item B be pulled from consent for discussion.
12 a. APPROVE MINUTES FROM SEPTEMBER 7, 2017 CITY COUNCIL MEETING
13 c. PROCLAMATION-FIRE PREVENTION WEEK.
14 d . PROCLAMATION -NATIONALNIGHTOUT.
15 Councilmember Litt made a motion for approval of the Consent Agenda without Item B.
16 Councilmember Lane seconded.
17 Motion passed 5-0.
18 The City Clerk read Resolution 63, 2017 by title.
19 b. RESOLUTION 63, 2017 -DOWNTOWN AT THE GARDENS REQUESTING
20 APPROVAL TO ALLOW ADDITIONAL SPECIAL EVENTS. A RESOLUTION OF THE
21 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
22 ADDITIONAL SPECIAL EVENTS FOR DOWNTOWN AT THE GARDENS, AS MORE
23 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
24 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
25 Petitioner: Kathryn DeWitt, Cotleur and Hearing.
26 Staff Presentation: None.
27 Vice Mayor Marciano made a motion to approve Resolution 63, 2017.
28 Councilmember Woods seconded.
29 Motion passed 5-0. .
30 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
31 The City Clerk read Resolution 58, 2017 by title.
32 a. RESOLUTION 58, 2017 -ADOPTING A TAX LEVY AND MILLAGE RATE. A
33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS ,
34 FLORIDA, ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM
35 BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017, AND
36 ENDING SEPTEMBER 30, 2018; DIRECTING THE CITY CLERK TO FORWARD A
37 CERTIFIED COPY OF THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY
38 APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION;
39 PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
40 Mayor Marino opened the Public Hearing.
41 Petitioner: None.
42 Staff presentation: None
43 Public comment: None.
44 Mayor Marino closed the Public Hearing.
45 Mayor Marino brought item back for discussion. -No discussion.
46 Councilmember Litt made a motion that the "City of Palm Beach Gardens adopt a proposed
4 7 millage rate of 5 .6678 mills, which includes a debt millage rate of .1178 and an operating rate of
48 5.55 mills, which is greater than the rolled back rate of 5.2671 by 5.37%."
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-25-17
PAGE 2
1 Councilmember Woods seconded.
2 Motion passed 5-0.
3 Councilmember Litt made a motion to approve Resolution 58, 2017 setting the final millage
4 rate for Fiscal Year 2017/2018 at 5.6678 mills.
5 Councilmember Woods seconded.
6 Motion passed 5-0.
7 The City Clerk read Ordinance 19, 2017 by title.
8 b. ORDINANCE 19, 2017-(2ND READING AND ADOPTION). AN ORDINANCE OF THE
9 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING
10 THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR
11 COMMENCING OCTOBER I, 2017, AND ENDING SEPTEMBER 30, 2018; PROVIDING A
12 CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
13 DA TE; AND FOR OTHER PURPOSES.
14 Mayor Marino opened the Public Hearing.
15 Petitioner: None.
16 Staff presentation: No changes since first reading.
17 Public comment: None.
18 Mayor Marino closed the Public Hearing.
19 Mayor Marino brought item back for discussion. -Discussion ensued.
20 Councilmember Woods made a motion to approve Ordinance 19, 2017 on second reading and
21 adoption.
22 Vice Mayor Marciano seconded.
23 Motion passed 5-0.
24 The City Clerk read Ordinance 15, 2017 by title.
25 PURSUANT TO CHAPTER 166.041 (3) (BJ, F.S., ORDINANCE 15, 2017 IS DEEMED AN
26 EMERGENCY ORDINANCE.
27 c. ORDINANCE 15, 2017 -(2nd READING AND ADOPTION) REMOVAL OF
28 FLOODPLAIN MANAGEMENT REGULATIONS FROM CHAPTER 78. AN ORDINANCE
29 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
30 AMENDING CHAPTER 86. BUILDINGS AND BUILDING REGULATIONS . BY
31 REPEALING ARTICLE II. STANDARDS. AND ADOPTING A NEW ARTICLE III.
32 ENTITLED FLOODPLAIN MANAGEMENT. ADOPTING STA TE OF FLORIDA
33 FLOODPLAIN MANAGEMENT ORDINANCE; PROVIDING THAT EACH AND EVERY
34 OTHER SECTION AND SUBSECTION OF CHAPTER 86. BUILDINGS AND BUILDING
35 REGULATIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
36 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
37 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
38 PURPOSES.
39 Mayor Marino opened the Public Hearing.
40 Petitioner: None.
41 Staff presentation: No changes since first reading.
42 Public comment: None.
43 Mayor Marino closed the Public Hearing.
44 Mayor Marino brought item back for discussion. -No discussion.
45 Councilmember Lane made a motion to approve Ordinance 15, 2017 on second reading and
46 adoption.
47 Councilmember Woods seconded.
48 Motion passed 5-0.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-25-17
PAGE 3
I The City Clerk read Ordinance 18, 2017 by title.
2 PURSUANT TO CHAPTER 166.041 (3) (BJ, F.S., ORDINANCE 18, 2017 IS DEEMED AN
3 EMERGENCY ORDINANCE.
4 d. ORDINANCE 18, 2017 -(2nd READING AND ADOPTION) -ADDING THE
5 FLOODPLAIN MANAGEMENT REGULATIONS TO CHAPTER 86. AN ORDINANCE OF
6 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
7 AMENDING CHAPTER 78. LAND DEVELOPMENT. AT DIVISION 10. SUBDIVISIONS.
8 BY REPEALING IN ITS ENTIRETY SUBDIVISION VI. FLOODPLAIN REGULATIONS. IN
9 ORDER TO PROVIDE INTERNAL CONSISTENCY WITH CITY CODE AND TO REMOVE
IO DUPLICATIVE SECTIONS; RESERVING DIVISION 10. AND SECTIONS 78-531-78-540.
11 FOR FUTURE LEGISLATION; PROVIDING THAT EACH AND EVERY OTHER SECTION
12 AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN
13 FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
14 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
15 · EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
16 Petitioner: None.
17 Staff presentation: No changes since first reading.
18 Public comment: None.
19 Mayor Marino closed the Public Hearing.
20 Mayor Marino brought item back for discussion. -No discussion.
21 Councilmember Lane made a motion to approve Ordinance 18, 2017 on second reading and
22 adoption.
23 Councilmember Litt seconded.
24 Motion passed 5-0.
25 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
26 None.
27 XII. CITY ATTORNEY REPORT
28 None.
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41
(I'he remainder of this page intentionally left blank.)
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-25-17
PAGE 4
1 XIII. ADJOURNMENT
2 Councilmember Lane made a motion to adjourn.
3 Motion passed 5-0.
4 The meeting adjourned at 8:25 p.m.
5
6 The next regularly scheduled City Council meeting will be held October 12, 2017.
7
8
9 APPROVED:
10
11
12
13 Maria G. Marino, Mayor
14
15
16
17 Mark T. Marciano, Vice Mayor
18
19
20
21 Carl W . Woods, Councilmember
22
23
24
25 Matthew Jay Lane, Councilmember
26
27
28
29
30
31
32
33
34
35
36 ATTEST:
37
38
39
40
41 Patricia Snider, CMC
42 City Clerk
43
44
45
Rachelle A. Litt, Councilmember
46 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
47 meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk.
48 All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
09-25-17
PAGE 5
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 12, 2017
Resolution 62, 2017
Subject/Agenda Item: Granting Florida Power & Light an easement for the installation,
operation, maintenance, and servicing of underground electric facilities (including wires,
polls, guys , cables, conduits, and appurtenant equipment) for the Sandhill Crane Golf
Clubhouse and surrounding facilities.
[X] Recommendation to APPROVE
Recommendation to DENY
Reviewed by: Originating Dept.:
Advertised: NA
Finance Administrator
Date:
Paper:
[ x J Not Required
Submitted by:
J .E. Doug
Deputy City Manager
Affected parties
t--------------1
Approved by: [ ] Notified
Costs:$ N/A
(Total)
$ N/A
C u rrent FY
Funding Source:
[ J Operating
[x J Other
Contract/Agreement:
Effective Date:
Expiration Date:
Budget Acct.#:
Council Action:
] Approved
] Approved w/
Conditions
J Denied
] Continued to:
Attachments:
• Resolution 62 , 2017
-Exhibit "A":
Easement to FPL
Meeting Date: October 12, 2017
Resolution 62, 2017
Page 2 of 2
BACKGROUND: Florida Power & Light (FPL) is requesting that the City execute an
Easement in favor of FPL for the installation, operation, maintenance, and servicing of
underground electric facilities (including wires, polls, guys, cables, conduits, and
appurtenant equipment) for the Sandhill Crane Golf Clubhouse and adjacent facilities. FPL
requires the easement to provide power for the new Clubhouse and other improvements
being constructed at this location.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 62, 2017 as
presented.
1
2
3 RESOLUTION 62, 2017
4
5
6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
7 BEACH GARDENS, FLORIDA, GRANTING A NON-EXCLUSIVE
8 EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR THE
9 INSTALLATION, OPERATION, MAINTENANCE, AND SERVICE OF
10 ELECTRIC FACILITIES; AUTHORIZING THE MAYOR TO EXECUTE
11 THE EASEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR
12 OTHER PURPOSES.
13
14
15 WHEREAS, Florida Power & Light Company (FPL) is requesting the City to
16 execute a Non-Exclusive Easement in favor of FPL for the installation, operation,
17 maintenance, and servicing of underground electric facilities (including wires, polls,
18 guys, cables, conduits, and appurtenant equipment) for the Sandhill Crane Golf
19 Clubhouse and surrounding facilities; and
20
21 WHEREAS, such Easement has been prepared and is attached hereto; 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 Palm
25 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 City Council hereby grants a Non-Exclusive Easement to
34 Florida Power & Light Company for the installation, operation, maintenance, and
35 servicing of underground electric facilities (including wires, polls, guys, cables,
36 conduits, and appurtenant equipment) for the Sandhill Crane Golf Clubhouse and
37 surrounding facilities, as more particularly described and depicted in Exhibit "A", which
38 is attached hereto and incorporated herein, and hereby authorizes the Mayor to
39 execute the Easement.
40
41 SECTION 3. This Resolution shall become effective immediately upon adoption .
42
43
44
45
46
Page 1 of 2
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45 ~9
Resolution 62, 2017
PASSED AND ADOPTED this __ day of ________ , 2017.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: ---------------Maria G. Marino, Mayor
ATTEST:
BY: -------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: -------------R. Max Lohman, City Attorney
VOTE:
MAYOR MARINO
VICE MAYOR MARCIANO
COUNCILMEMBER WOODS
COUNCILMEMBER LANE
COUNCILMEMBER LITI
AYE NAY ABSENT
G :\attomey_share\RESOLUTIONS\2017\Resolution 62 2017-Granting Non-Exclusive Easement-FPL-Golf Club .docx
Page 2 of 2
Resolution 62, 2017
EXHIBIT "A"
Work Request No. 7741041
Sec.14, Twp 42 S, Rge 41 E
Parcel I.D. __
(Maintained by County Appraiser)
EASEMENT
(BUSINESS)
This Instrument Prepared By
Name : STACEY LIEBLA
Co. Name: FLORIDA POWER & LIGHT
Address : 500 BUSINESS PKWY.
ROYAL PALM BEACH. FL 33411
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its affiliates,
licensees, agents, successors, and assigns ("FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles,
guys, cables, conduits and appurtenant equipment) to be installed from time
to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage as well as the size of, and remove such facilities or any of them within
an easement described as follows:
See Exhibit "A" ("Easement Area")
ClraJltCourt
Together with the right to permit any other person, firmhor corporation to attach wires to any facilities hereunder and lay cable
and conduit within tfle Easement Area and to operate t e same for communications purposes· the right of ingress and egress
to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions
within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or
limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power
transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights
hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways
adjoining or tnrough said Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20_.
Signed, sealed and delivered in the presence of:
(Witness' Signature)
Print Name:-------~-------(Witness)
(Witness' Signature)
Print Name:---------------
(Witness)
Entity name
By: ________________ _
Print Name:
Print Address: --------------
STATE OF _____ AND COUNTY OF---------
before me this day of -------' 20_, by
The foregoing instrument was acknowledged
the
____________ of ____________ a who is
personally known to me or has produced as identification, and who did (did not) take an oath.
(Type of Identification)
My Commission Expires:
Notary Public. Signature
Print Name ----------
SKETCH Of DESCRIPTION
THIS IS NOT A SURVEY
NOT VALID WITHOUT
ACCOMPANYING SHEET 2 AND 3
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LOCATION MAP
N.T.S.
DESCRIPTION:
A STRIP OF LAND 10 FEET IN WIDTH LYING ON EITHER SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE, AND LYING IN THE EASTERLY HALF OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 41
EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER SECTION CORNER OF SAID SECTION 14; THENCE ALONG THE
WESTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14, so2·11 '9"w A DISTANCE OF
2302.90'; THENCE LEAVING SAID WESTERLY LINE, S8T48'41"E A DISTANCE OF 13.39 FEET THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE;
THENCE S01'41'52"W A DISTANCE OF 63.27 FEET;
THENCE S71°48'18"W A DISTANCE OF 8.84 FEET;
THENCE so1 ·21'53"W A DISTANCE OF 58.80 .FEET;
THENCE S18'09'30"E A DISTANCE OF 19.38 FEET;
THENCE S03'53'02"W A DISTANCE OF 133.65 FEET;
THENCE S05°37'37"E A DISTANCE OF 38.50 FEET;
THENCE S49'41'02"W A DISTANCE OF 8.59 FEET;
THENCE S00'52'18"E A DISTANCE OF 93.92 FEET;
THENCE S06'42'20"W A DISTANCE OF 27.63 FEET;
THENCE soo·oo'o5"W A DISTANCE OF 89.51 FEET;
THENCE S02'22'55"W A DISTANCE OF 101. 72 FEET;
THENCE S02'23'01"W A DISTANCE OF 171.35 FEET;
THENCE S22'55'23"W A DISTANCE OF 25.96 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE.
Y: nnrt P ' R:ni!'\1H9. 1.74 Scindhil1 Crantt Golf FP Easemflnt!l.dwt1\1:')1'"'i;in1.24!1kJ2.dwo '"~r17 1::'l.3;DH PM T
X DATE 9-22-2017 @COPYRIGHT 2017 B'I'
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~
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2
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JOB NO. ORAl'oN CAR ~~·"' PALM BEACH GARDENS, FL
15169.0124 CHECKED ~•AUN ENODM'IV """''· lie>
~~eiigndard efruih / ~~ ~];. D~·IIIIM,11111 ·••.....,.,...group inc.
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------------------PM (511)8$$-1151 • F'AX (Slt)IJ2-1310 • WfM'.ENGDlJIT"t'CltOUP.COM
NOTES:
SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
NOT VALID WITHOUT ACCOMPANYING SHEET 1 AND 3
1. THIS DRAWING IS A DESCRIPTION/SKETCH TO ACCOMPANY DESCRIPTION PERSJ-17.052(5), FLORIDA
ADMINISTRATIVE CODE.
2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY ENGENUITY GROUP, INC.
2. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR CLIENT'S REPRESENTATIVE.
3. THIS SKETCH IS NOT VALID WITHOUTH THE ORIGINAL SIGNATURE AND RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER .
4. THE CENTERLINE OF THE EASEMENT WAS DETERMINED BY THE FIELD SURVEY OF THE LOCATION OF
FLORIDA POWER AND LIGHT CONDUIT AND TRANSFORMER PADS
5. BEARING BASE: THE WESTERLY LINE OF THE EAST HALF OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE
41 EAST IS TAKEN AS BEING N02"11'19"E A ND ALL OTHER BEARINGS ARE BASED HEREON.
LEGEND
ORB
PG(S)
C"Q.,
f-
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OFFICIAL RECORD BOOK
PAGE(S)
WOOD POWER POLE
GUY WIRE
OVERHEAD ELECTRIC
ELECTRIC PANEL
Y: nn Pm' D'H. 1 1F.Q,n 1 ?• ,.,n,,hill rane 1-osem•n W"' 1.:>1
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED
HEREON COMPLIES WITH THE STANDARDS OF
PRACTICE, AS SET FORTH BY THE FLORIDA BOARD
OF PROFESSIONAL SURVEYORS AND MAPPERS
PURSUANT TO SECTION 472.027 FLORIDA STATUTES .
ANDRE RAYMAN ,' P.S.M.
PROFESSIONA~ SURVEYOR AND MAPPER
STA TE OF FLORJ-DA LICENSE N'O. 4938
STATE OF FLORIOA LB#6603
1 1: "" cu
S Va OAT£ 9-22-2017 @a)P-2017 9"
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EN 1-----+-------i ..,_,,_,.. FLORIDA POWER AND LIGHT EASEMENT
~
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15169.0124 CHECKED J.MAUN "'°"'~" "'°"'· ~c. ''"° "°""' a,,om AIO<.(. ...,. 101, •EST '"" BEACH. fUlOIOA ""°'
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NORTH 1/4 SECTION CORNER OF _r:,,
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RANGE 41 EAST 81g
_.tJ LINE OF THE N[ 1/4.J)f SECTION 14 ID'hNSfile. 42..S, RANGE 41 F f,11 12
ssa·~5 41 E 2s3s~. ,~,....u.....J..1LW) --------
14 1.3 POINT OF
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SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
NOT VALID WITHOUT
ACCOMPANYING SHEET 1 AND 2
::,:.~ FLORIDA POWER AND LIGHT EASEMENT
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 12, 2017
Resolution 67, 2017
Subject/Agenda Item: Conveyance of a non-exclusive utility easement to Florida
Power and Light Company for the relocation of existing underground power lines
on Gross Pointe Drive to facilitate the widening of the Hood Road Bridge over 1-95.
[X] Recommendation to APPROVE
Recommendation to DENY
Reviewed by:
~inistrator
Allan Owens
Submitted by:
Advertised: NA
Date :
Paper:
[ x ] Not Required
Cost:$ N/A
(Total)
$ N/A
Current FY
Funding Source:
[ ] Operating
[ x] Other
Contract/ Agreement:
Effective Date: N/A
Expiration Date:N/A
Budget Acct.#:
Council Action:
] Approved
] Approved w/
Conditions
] Denied
] Continued to:
Attachments:
• Resolution 67, 2017
• Exhibit "A"
Utility Easement
Meeting Date: October 12, 2017
Resolution 67, 2017
Page 2 of 2
BACKGROUND: The Florida Power and Light Company has requested that the City
of Palm Beach Gardens provide an easement for property contiguous to Hood Road
within the Gross Point Drive right-of-way. This is a non-exclusive utility easement for the
purposes of relocation of existing power lines to facilitate the widening of Hood Road. The
power lines will be relocated underground within the Gross Pointe Drive right-of-way and
will not affect the existing monument sign easement for the Jewish Community Center, or
existing street lighting, sidewalk, or landscaping.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 67, 2017 as
presented.
1
2
3 RESOLUTION 67, 2017
4
5
6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
7 BEACH GARDENS, FLORIDA, GRANTING A NON-EXCLUSIVE
8 UTILITY EASEMENT TO FLORIDA POWER & LIGHT COMPANY
9 FOR THE RELOCATION OF EXISTING UNDERGROUND POWER
10 LINES TO FACILITATE THE WIDENING OF THE HOOD ROAD
11 BRIDGE OVER INTERSTATE 95; AUTHORIZING THE MAYOR TO
12 EXECUTE THE EASEMENT; PROVIDING AN EFFECTIVE DATE;
13 AND FOR OTHER PURPOSES.
14
15
16 WHEREAS, Florida Power & Light Company (FPL) is requesting the City to
17 execute a Utility Easement in favor of FPL for property contiguous to Hood Road within
18 the Gross Point Drive right-of-way to relocate power lines underground to facilitate the
19 widening of Hood Road; and
20
21 WHEREAS, such Utility Easement has been prepared and is attached hereto; 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 Palm
25 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 City Council hereby grants a non-exclusive Utility Easement
34 to Florida Power & Light Company for property contiguous to Hood Road within the
35 Gross Point Drive right-of-way to relocate power lines underground to facilitate the
36 widening of Hood Road, as more particularly described and depicted in Exhibit "A",
37 which is attached hereto and incorporated herein, and hereby authorizes the Mayor
38 to execute the Utility Easement.
39
40 SECTION 3. This Resolution shall become effective immediately upon adoption.
41
42
43
44
45
46
Page 1 of 2
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Resolution 67, 2017
PASSED AND ADOPTED this __ day of ________ , 2017.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: ---------------Mari a G. Marino, Mayor
ATTEST:
BY: -------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: -------------R. Max Lohman, City Attorney
VOTE:
MAYOR MARINO
VICE MAYOR MARCIANO
COUNCILMEMBER WOODS
COUNCILMEMBER LANE
COUNCILMEMBER LITT
AYE NAY ABSENT
G :\attomey_share\RESOLUTIONS\2017\Resolution 67 2017-Granting Utility Easement-FPL-Hood Rd-Central Blvd .docx
Page 2 of 2
Resolution 67, 2017
EXHIBIT "A"
The instrument prepared by
and return to:
R. Max Lohman, Esq.
City of Palm Beach Gardens, Florida
10500 N. Military Trail
Palm Beach Gardens, FL 334 I 0
SPACE ABOVE THIS LINE FOR PROCESSING DATA
PROJECT NO.: 2013S22
ROAD NAME: Hood Rd & Gross Pointe Dr
PARCEL NO.: 208
UTILITY EASEMENT
THIS UTILITY EASEMENT is made this __ day of , 2017, by THE CITY OF
PALM BEACH GARDENS, a municipal corporation organized and operating under the laws of the State of
Florida, whose post office address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter
called "Grantor"), to FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose post office
address is P.O. Box 14000, Juno Beach, Florida 33408-0420 (hereinafter called "Grantee").
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, does hereby dedicate to the Grantee, its successors,
and assigns a non-exclusive utility easement in perpetuity in and under that certain real property lying, situate,
and being in Palm Beach County, Florida, more particularly described on Exhibit "A'', attached hereto and made
a part hereof (the "Utility Easement Area"), for the installation, operation, maintenance, repair, expansion, and
replacement of utilities, both public and private, including, but not limited to, potable water pipelines, raw water
pipelines, wastewater pipelines, reclaimed water pipelines, electric power lines, telecommunication lines, cable
television lines, gas lines, and related appurtenances. The installation of cable television systems, however, shall
not interfere with the installation, operation, maintenance, repair, expansion, and/or replacement of any other
utilities. No buildings, structures, improvements ( other than those utilities and related appurtenances permitted
by this Utility Easement), trees, walls, or fences shall be installed within the Utility Easement Area without prior
written approval of the Grantee.
TO HA VE AND TO HOLD THE SAME unto Grantee, its successors, and assigns forever.
Page I of2
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the date first above written.
Signed, sealed, and delivered in the presence of:
(Signature of two witnesses
required by Florida law)
Witness Signature (Required)
Witness Name Printed or Typed
Witness Signature (Required)
Witness Name Printed or Typed
STA TE OF FLORIDA
COUNTY OF PALM BEACH
Gran tor: The City of Palm Beach Gardens
By: ________________ _
Maria G. Marino, Mayor
Before me personally appeared Maria G. Marino, Mayor of the City of Palm Beach Gardens, Florida, who is
personally known to me or has produced-----------------as identification, and
who executed the foregoing instrument and acknowledged before me that she executed the instrument for the
purposes therein.
Witness my hand and official seal this ___ day of ___________ , 2017.
Notary Signature
Notary Public, State of Florida
(Stamp/Seal)
Print Notary Name
Commission Number
My Commission Expires: ____ _
G:\attorney_share\ENGINEERfNG\274-LGL UTILITY ESMT_I-Ind 2013522 208 rev.docx
F:\R_O_ W\TONI\Hood Rd_ Widening_2013522 (RW ACQ)\Parcel 208 Palm Beach Gardens\274-LGL UTILITY ESMT_l -Ind 2013522 208 .docx
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EXHIBIT A -PUBLIC UTILITY EASEMENT No.208
LEGAL DESCRIPTION
A PARCEL OF LAND FOR PUBLIC UTILITY EASEMENT PURPOSES IN SECTION 35,
TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, LYING IN TRACT •c•, GROSS POINTE DRIVE, OF
THE PLAT OF MANDEL JCC-MEYER ACADEMY-REPLAT N0.1, RECORDED IN PLAT BOOK
118 PAGE 53, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT •c•:
THENCE ALONG THE EAST LINE LINE OF SAID TRACT •c•,
N01"53'04•E FOR 15.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE No1·53•04•E FOR 10.00 FEET;
THENCE N8e·55•1 o·w FOR 718.37 FEET:
THENCE so1·53•04•E FOR 10.00 FEET;
THENCE S8e·55•1 o·E FOR 718.37 FEET TO THE POINT OF BEGINNING.
CONTAINING 7,184 SQUARE FEET, MORE OR LESS.
THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT
COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE
LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH
ACCOMPANY EACH OTHER.
REPRODUCTIONS OF THIS DOCUMENT ARE NOT VALID
WITHOUT THE ORIGINAL SIGNATURE AND THE ORIGINAL
RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR
AND MAPPER NOTED HEREON.
JOHN E. PHILLIP $, 111
PROFESSIONAL L~O SI JRVEYOR
STATE OF FLORIDA ~ 0. ~26
DATE: a , 1 ,
SioWN & PHl~~;;:,-,;:~~;mp,,om PALM BEAC~:~N~E;;~:;c:o.2013522
PROFESSIONAL SURVEYING SERVICES PROJ. No. 13-068 DRAWN: MB
CERTIFICATE OF AUTHORIZATION # LB 6473
1860 OLD OKEECHOBEE ROAD., SUITE 509, PUBLIC UTILITY SCALE : NONE
WEST PALM BEACH, FLORIDA 33409 EASEMENT No.208 DATE: 8/31/17
TELEPHONE (561)-615-3988, 615-3991 FAX HOOD ROAD SHEET 1 OF 4
N921038.11
[944498.80
SET N/D
SEE SHEET 3 OF 4
5'
Pl: 99+46. 77 I 'l 10' FPL EASEMENT
P.B. 118 PG. 53
SET N/D
107+75.37
N921010.86
[945326.96
ANDEL JCC-MEYER ACADEMY-
REPLA T N0.1-GROSS POINT DRIVE
TRACT "C"-P.B. 118 PG. 53
(CITY OF PBG R/W ORB 26408 PG.732)
ALTON PCD
P.B. 118 PG. 197
:fRACT "P-5"
3( N
0 30 60
I ! I
SCALE: 1 "=60'
PALM BEACH COUNTY
PROJECT No.2013522
EliloWN & PHl~:,;t .. ,;~~~ilHp,corn (T:~.~~:i~:g~~~~r~r:y)
PROFESSIONAL SURVEYING SERVICEs~-P-R....;.OJ-. -No-.-,3---0-68 ____ 0_R_AWN-: ....;M_B_----1
CERTIFICATE OF AUTHORIZATION # LB 6473
1860 OLD OKEECHOBEE ROAD., SUITE 509,
WEST PALM BEACH, FLORIDA 33409
TELEPHONE (561)-615-3988, 615-3991 FAX
PUBLIC UTILITY
EASEMENT No.208
HOOD ROAD
SCALE: 1"=60'
DATE: 8/31/17
SHEET 2 OF 4
. . . . .
N921059.99
[944057.02
SET IR/C
Pl: 95+04.42
N921038.11
[944498.80
SET N/D
Pl: 99+46. 77
t
(0
(0
5'
N921119.54
[944198.12
96+42.42
66.46'Lt.
96+42.26
76.46'Lt.
1
0 30
I !
SCALE:
TRACT "WMT-1" P.8. 118 PG. 53
TRACT "LMT-1" P.8. 118 PG. 53
ALTON PCD
P.8. 118 PG. 197
RACT "P-5"
N
60
I
I 'f. 10' FPL EASEMENT
~-P.8. 118 PG. 53 PALM BEACH COUNTY
SEE SHEET 2 OF 4 g :.---;,-. PROJECT No.2013522
EliowN & PHl~:1;::oOb~~;.""''''= (T:~.~~;;:g~~~;:~~~::y)
PROFESSIONAL SURVEY! NG SERVICES i---P-R .... OJ-. -N-o.-1-3--0-68----.,--DR_A_WN_: ___ M_B_--i
CERTIFICATE OF AUTHORIZATION # LB 6473 PUBLIC UTILITY SCALE: 1''=60'
1860 OLD OKEECHOBEE ROAD., SUITE 509, EASEuENT No.208 / / WEST PALM BEACH, FLORIDA 33409 m DATE: B .31 17
TELEPHONE (561)-615-3988, 615-3991 FAX HOOD ROAD SHEET 3 OF 4
.. . .. ~
NOTES:
1) BASELINE STATIONING IS BASED ON A ROADWAY PLAN FOR HOOD ROAD,
PREPARED BY STANLEY CONSULTANTS, INC., PALM BEACH COUNTY PROJECT No.2013522.
2) STATE PLANE COORDINATES:
A. COORDINATES SHOWN ARE GRID F. TRANSVERSE MERCATOR PROJECTION
8. DA TUM -NAD 83, 1990 ADJUSTMENT G. ALL DISTANCES ARE GROUND
C. ZONE -FLORIDA EAST H. SCALE FACTOR -1.000037
D. LINEAR UNIT -US SURVEY FOOT I. GROUND DISTANCE X SCALE FACTOR=GRID DISTANCE
E. COORDINATE SYSTEM 1983 STATE PLANE J. ROTATION EQUATION: NONE
3) THIS DESCRIPTION IS BASED ON INFORMATION FURNISHED BY STANLEY CONSULTANTS, INC.
RECORD INFORMATION SHOWN IS BASED ON TITLE INFORMATION FURNISHED BY THE PALM
BEACH COUNTY ROADWAY PRODUCTION DIVISION TO STANLEY CONSULTANTS, INC., 10/1/13.
NO ENCUMBRANCES OF RECORD WERE NOTED EXCEPT AS SHOWN ON THE ATTACHED SKETCH.
NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED BY BROWN & PHILLIPS, INC.
4) ABBREVIATIONS:
D.E. -DRAINAGE EASEMENT
U.E. -UTILITY EASEMENT
P.O.C.-POINT OF COMMENCEMENT
P.0.8. -POINT OF BEGINNING
P .8. -PLAT BOOK
ORB -OFFICIAL RECORD BOOK
PG. -PAGE
PBG -PALM BEACH GARDENS
N/D -MAG NAIL & •LB6473• DISK
IR/C -1/2• IRON ROAD WITH •sROWN & PHILLIPS• CAP
FDOT -FLORIDA DEPARTMENT OF TRANSPORTATION
P.B.E. -PARKWAY BUFFER EASEMENT
S.U.A.E. -SEACOAST UTILITY AUTHORITY EASEMENT
LA.E. -LIMITED ACCESS EASEMENT
SEC. -SECTION
R/W -RIGHT-OF-WAY
Ct_ -CENTERLINE
It -BASELINE
(P) -PLAT DIMENSION
PBCo -PALM BEACH COUNTY
Lt. -LEFT OF BASELINE
NAb -NORTH AMERICAN DA TUM
5) BEARINGS ARE BASED ON S88"06'57•E (GRID) ALONG THE BASELINE OF SURVEY OF HOOD ROAD,
REFERENCED TO A BEARING OF S87"56'04•E (GRID) BETWEEN THE PALM BEACH COUNTY
BRASS DISKS FOUND AT THE EAST AND WEST 1 / 4 CORNERS OF OF SECTION 35,
TOWNSHIP 41 SOUTH, RANGE 42 EAST.
,0STATI0~99 +46_·7_7 ___ -' _ STATION 107+75.37
/ SET NAIL & S88.06'57"f" 828.60' -SET NAIL~
,, // DISK "LB6473" BASELINE OF SURVEY DISK "LB6473" \~
,._,oJ:,· / N921038.11 N921010.86 \~
~.J / E944498.80 ·-
c!~ >( E945326. 96 \ :i
~ b(.J • ~~/~~/ l~ ~ BEARING BASIS DETAIL T ~
/ / (NOT TO SCALE) \ ~
N
/ / PBCo POSITION: \ ~
t>'il .. _ .. _ EAST-WEST QUARTER SECTION LINE OF SECTION 35 N919653.33 \ •
W. 1/4 CORNER .. -.-, · .. · -· · .~ .. _ .. _ . _E945534.81 e-\
FOUND PBCo BRASS DISK S87 56 o4 E 5270.05 (GRID) 5269.86'(GROUND) E 1/4 CORNER -:::i
PBCo POSITION: 5270.16'(MEASURED) FOUND PBCo BRASS DISK
N919843.28
E940268.19 PALM BEACH COUNTY PROJECT No.2013522
EfsloWN & PHl~~;;::~,:~~~;mp,oom DESCRIPTION N01ES
PROFESSIONAL SURVEYING SERVICES PROJ. No. 13-068 DRAWN: MB
CERTIFICATE OF AUTHORIZATION # LB 6473
1860 OLD OKEECHOBEE ROAD., SUITE 509, PUBLIC UTILITY SCALE: NONE
WEST PALM BEACH, FLORIDA 33409 EASEMENT No.208 DATE: B/31/17
TELEPHONE (561)-615-3988, 615-3991 FAX HOOD ROAD SHEET 4 OF 4
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 12, 2017
Resolution 72, 2017
Subject/Agenda Item: Agreement to purchase wetland mitigation credits with the
Loxahatchee Mitigation Bank for wetland mitigation for the Sandhill Crane Golf Course
Expansion Project.
[X] Recommendation to APPROVE
Recommendation to DENY
Reviewed by:
Finance Administrator
Submitted by:
Originating Dept.:
Advertised: NA
Date :
Paper:
[ x] Not Required
Affected parties
[ x J Notified
ot required
Cost:$ NIA
(Total)
$ 312.000
Current FY
Funding Source:
[ ] Operating
[ x] Other
Contract/ Agreement:
Effective Date : N/A
Expiration Date:N/A
Budget Acct.#:
001.3030 .539.6900
GOL0189
Council Action:
] Approved
] Approved w/
Conditions
] Denied
] Continued to :
Attachments:
• Resolution 72, 2017
-Exhibit "A":
Contract for Sale
and Purchase of
Mitigation Credits
Meeting Date: October 12, 2017
Resolution 72, 2017
Page 2 of 2
BACKGROUND: The subject site is located in the City of Palm Beach Gardens and is
on the north side of Northlake Boulevard approximately three-quarters of a mile east of
Coconut Boulevard between the City's Sandhill Crane Golf Club on the east and the
Avenir Planned Community District (PCD) on the west and north sides of the subject site.
In September 2016, the Salvatore J. Balsamo Trust requested annexation of 96.80 acres
into the City of Palm Beach Gardens which was approved. Accordingly, the City approved
a comprehensive land map amendment for the acreage to reflect the City's land-use
designation as Palm Beach Gardens Residential Low (RL), which capped the gross
density of the property at 97 single-family units for the proposed Ancient Tree
development.
In February 2017, the Ancient Tree development dedicated 14.30 acres of open space
adjacent to the Sandhill Crane Golf Club to the east. The 14.30-acre parcel is an integral
part of the City's future facilities, as it connects the City's public golf course to the 115-
acre public park parcel site that will be dedicated to the City through the Avenir project.
In order for the City to develop the first phase of this site, the South Florida Water
Management District (SFWMD) and the United States Army Corps of Engineers (USAGE)
requires an agreement for the purchase of Wetland Mitigation with the Loxahatchee
Mitigation Bank for the Sandhill Crane Golf Course Maintenance Facility development.
Exhibit "A" attached to the Resolution contains an agreement that will satisfy the project
requirements and mitigation efforts to assure a successful plan meeting all requirements
and regulations of the SFWMD and USAGE, and will allow the City to proceed with the
construction of the golf course parking and maintenance building expansion project.
The final total number of credits for off-site mitigation for the first phase of development
will be determined by the permitting process as it is anticipated that the final cost will not
exceed 2.08 credits, or $312,000.00. Further mitigation will be required when the City
develops the second phase of this parcel. The costs for the mitigation will be paid out of
the existing project budget.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 72, 2017 as
presented.
1 RESOLUTION 72, 2017
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA, APPROVING A CONTRACT FOR
6 SALE AND PURCHASE OF 2.06 OFF-SITE MITIGATION CREDITS
7 FOR THE FIRST PHASE OF THE DEVELOPMENT OF THE
8 SANDHILL CRANE GOLF COURSE MAINTENANCE FACILITY AND
9 PARKING EXPANSION; PROVIDING AN EFFECTIVE DATE; AND
10 FOR OTHER PURPOSES.
11
12
13 WHEREAS, the subject site is located in the City of Palm Beach Gardens and is
14 on the north side of Northlake Boulevard approximately three-quarters of a mile east of
15 Coconut Boulevard between the City's Sandhill Crane Golf Club on the east and the
16 Avenir Planned Community District (PCD) on the west and north sides of the subject site;
17 and
18
19 WHEREAS, in September 2016, the Salvatore J . Balsamo Trust requested the
20 annexation of 96 .80 acres into the City of Palm Beach Gardens, which was approved
21 along with a comprehensive land map amendment to Palm Beach Gardens residential
22 low (RL), which capped the gross density of the property at 97 single-family units for the
23 proposed Ancient Tree development; and
24
25 WHEREAS, in February , 2017 , the Ancient Tree development dedicated 14.30
26 acres of open space adjacent to the Sandhill Crane Golf Club to the east. The 14.30 acre
27 area parcel is an integral part of the City 's future facilities, as it connects the City's public
28 golf course to the 115 acre public park parcel site that will be dedicated to the City through
29 the Avenir project. In order for the City to develop the first phase of this site , the South
30 Florida Water Management District (SFWMD) and the United States Army Corps
31 Engineer (USACE) require an agreement for the purchase of Wetland Mitigation with the
32 Loxahatchee Mitigation Bank ; and
33
34 WHEREAS, the City wishes to enter into the Contract for Sale and Purchase of
35 Mitigation Credits, attached hereto as Exhibit "A ", which will satisfy the project
36 requirements and mitigation efforts to assure a successful plan meeting all requirements
37 and regulations of the SFWMD and USACE , and will allow the City to proceed with the
38 construction of the golf course parking and maintenance building expansion project; and
39
40 WHEREAS, the City Council deems approval of this Resolution to be in the best
41 interest of the health , safety , and welfare of the residents and citizens of the City of Palm
42 Beach Gardens and the public at large.
43
44
45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
46 OF PALM BEACH GARDENS, FLORIDA, that:
Page 1 of 3
Resolution 72, 2017
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
2 OF PALM BEACH GARDENS, FLORIDA, that:
3
4 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
5
6 SECTION 2. The City Council of the City of Palm Beach Gardens hereby accepts
7 and approves the Contract for Sale and Purchase of Mitigation Credits, and hereby
8 authorizes the Mayor to execute the Contract.
9
10 SECTION 3. This Resolution shall become effective immediately upon adoption.
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Resolution 72, 2017
PASSED AND ADOPTED this __ day of ________ , 2017.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: ---------------Maria G. Marino, Mayor
ATTEST:
BY: ------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ------------R. Max Lohman, City Attorney
VOTE:
MAYOR MARINO
VICE MAYOR MARCIANO
COUNCILMEMBER WOODS
COUNCILMEMBER LANE
COUNCILMEMBER LITI
AYE NAY ABSENT
G :\attomey_share\RESOLUTIONS\2017\Resolution 72 2017-Mitigation Credits Sale and Purchase Agmt.docx
Page 3 of 3
Resolution 72, 2017
EXHIBIT "A"
EXHIBIT A
CONTRACT FOR SALE AND PURCHASE OF MITIGATION CREDITS
CONTRACT NO. 1311
THIS AGREEMENT (hereinafter "Agreement") is made as of this_ day of __ _
2017, between Tetra Tech, Inc., (hereinafter referred to as "Seller"), having an address of 759 S.
Federal Highway, Suite 314, City of Stuart, County of Martin, State of Florida, 34994, and City
of Palm Beach Gardens (hereinafter referred to as "Purchaser"), having an address of 10500
North Military Trail, Palm Beach Gardens, FL 33410 (collectively hereinafter referred to as the
"Parties").
WITNESSETH:
WHEREAS, Seller has obtained Environmental Resource Permit ("ERP") No. 014-0969-
001 from the Florida Department of Environmental Protection ("FDEP"), pursuant to Chapter
62-342 of the Florida Administrative Code, and a Mitigation Banking Instrument ("MBI") and
Department of the Army Permit ("DA Permit") No. 199707816 (IP-TA) from the U.S. Army
Corps of Engineers ("ACOE") (collectively hereinafter referred to as "Seller's Permits"), to
construct, operate, manage and maintain the Loxahatchee Mitigation Bank ("Bank") for a period
of time before transferring it to the South Florida Water Management District ("SFWMD"); and,
WHEREAS, Seller and the SFWMD have entered into a contract whereby Seller has the
obligation and rights to market and sell freshwater herbaceous and freshwater forested wetland
mitigation credits from the Bank; and,
WHEREAS, Purchaser wishes to purchase and use 2.06 freshwater herbaceous credits
("Credits") from Seller to satisfy Purchaser's mitigation obligation to the SFWMD and the
ACOE for the Purchaser's project known as Sandhill Crane Maintenance Facility and Parking
Expansion, located in Section 14, Township 42 South, Range 14 East, City of Palm Beach
Gardens, Palm Beach County, Florida; and;
Sandhill Crane -# 1311 1 of 10 Draft 09/22/17
NOW THEREFORE, in consideration of the foregoing and the mutual promises and
covenants herein contained and for other good and valuable consideration, the receipt of which is
hereby acknowledged, the Parties hereto agree as follows:
1. DEFINITIONS
"Credit Ledger" shall mean the two separate transaction records pursuant to Seller's
Permits, regulated respectively by the FDEP and the ACOE, of credits that have been released by
these agencies to the Bank for sale, and of credits that can be withdrawn from the Bank for
transfer to a purchaser.
2. AGREEMENT TO PURCHASE AND SELL
Seller agrees to sell and deliver and Purchaser agrees to buy, receive, and pay for 2.06
freshwater herbaceous credits from the Bank. The purchase price for the Credits is $309,000.00.
Upon execution of this Agreement, 20 percent ($61,800.00) of the purchase price is due and
payable as an initial deposit to Seller. Seller and Purchaser agree to adjust the purchase price with
no further liquidated damages, at the rate of $150,000.00 per credit, for freshwater herbaceous
credits, for any decrease in the maximum amount of credits required by Purchaser at the time of
Purchaser's request to Seller for credit withdrawal and transfer. Any increase in credits required
over 2.06 freshwater herbaceous credits is subject to availability of the additional credits from
Seller and credit price in effect at the time Purchaser requests additional credits from Seller.
Payments, including deposits, shall be made by wire transfer or bank, certified or regular
check of Purchaser payable to Seller, subject to collection. Purchaser agrees that all funds
deposited may be used by Seller in Seller's sole discretion, for any business purpose, including
but not limited to the offset of any and all costs associated with the reservation, transfer or
production of Credits in accordance with this Agreement.
Upon execution of this Agreement, and receipt of the required initial deposit, Seller will
reserve Credits for ledger withdrawal and transfer to Purchaser. On or before December 15,
2017, Purchaser will remit the balance of the purchase price ($247,200.00) as an additional
deposit. On or before December 29, 2017, Purchaser shall deliver a copy of its issued permit( s) to
Sandhill Crane -# 1311 2 of 10 Draft 09/22/17
Seller. This delivery shall be accompanied by a written request that Seller apply to the FDEP
and/or the ACOE that the reserved Credits be withdrawn from Seller's respective Credit Ledgers
and transferred to Purchaser. Upon receipt of said request, and provided that Purchaser has paid
the aforesaid balance of the purchase price, Seller shall promptly request the credit withdrawal
and transfer from the FDEP and/or the ACOE, and Seller's entire obligation under this
Agreement will have been met. As a courtesy, Seller shall promptly notify Purchaser in writing
upon confirmation that the credit withdrawal and transfer has been reflected in the respective
Credit Ledgers. Upon confirmation of the credit withdrawal and transfer from FDEP and/or
ACOE, absolutely no refunds shall be provided.
Seller is aware that Purchaser will be utilizing said Credits specifically for the purposes
described in DA Permit Application No. SAJ-1990-00182 expected to be issued by the ACOE,
and ERP Application No. 170803-7 expected to be issued by the SFWMD ( collectively
hereinafter referred to as "Purchaser's Permits") for the Sandhill Crane Maintenance Facility and
Parking Expansion Project located in the City of Palm Beach Gardens, Palm Beach County,
Florida. Should Purchaser's Permits be denied or disapproved by the SFWMD or ACOE,
Purchaser may terminate this Agreement in its entirety. In the event of such termination, Seller's
sole obligation and Purchaser's sole right shall be for the return and receipt of the Purchaser's
Deposit without interest thereon. In order to so terminate, Purchaser shall provide Seller with a
written request for termination, together with a copy of the SFWMD and ACO E notices of
permit denial or disapproval received by Purchaser, whereupon Seller return the Deposits to
Purchaser, without interest thereon, as set forth in this paragraph.
If Purchaser has failed to meet the obligations of this Agreement, Seller shall retain the
full amount of the initial deposit paid by Purchaser, including interest on all deposits thereon, as
and for liquidated damages, and this Agreement shall be deemed terminated and of no further
force and effect.
3. SELLER'S OBLIGATION
Upon Seller's receipt of confirmation that the credit withdrawal and transfer has been
approved, and is reflected in the respective Credit Ledgers, Seller shall assume the responsibility
Sandhill Crane -# 1311 3 of 10 Draft 09/22/17
for fulfilling the mitigation requirements of Purchaser's Permits that are associated with the use
of Credits from the Bank. This obligation will be met by Seller in compliance with the terms and
conditions of Seller's Permits. Seller warrants that all Credits will be considered valid for use in
connection with Purchaser's Permits regarding wetland impact mitigation.
Seller shall use its best efforts to coordinate with, inform, and obtain, from ACOE and the
South Florida Water Management District, the release of the credits identified in this Agreement.
Buyer acknowledges that a possibility always exists that the credits described herein may not be
available as a result of changes in South Florida Water Management District or ACOE regulatory
interpretations, credit calculation methodologies, or ledger tracking requirements. Should any of
the credits herein become unavailable for such reasons, Seller shall promptly provide Buyer with
a proportional refund of the proceeds.
4. CREDITS
In the performance of their respective obligations, Seller will deliver and Purchaser will
receive Credits that must be used to offset construction impacts authorized by Purchaser's
Permits.
5. USE OF CREDITS
The use of these Credits is limited as specified in the Seller's ERP executed by the FDEP
on February 18, 2000, and the Seller's MBI executed by the ACOE effective September 10,
2000, and as specified in Purchaser's Permits.
Purchaser covenants and warrants that it has or will obtain all necessary or required
licenses, certificates, approvals or the like in order for Purchaser to legally and properly conduct
and perform the obligations pursuant to this Agreement and in connection with the use of the
Credits.
6. LIABILITY
Seller assumes no liability or responsibility for the actions or activities of Purchaser, its
employees, agents, representatives or the like in connection with this Agreement; and, subject to
Sandhill Crane -# 1311 4 of 10 Draft 09/22/17
the limits as set forth in Section 768.28, Florida Statutes. Purchaser agrees to indemnify and hold
Seller harmless from any claim, loss or expense arising from any actions or activities of
Purchaser.
The warranties and remedies set forth in this Agreement above are exclusive. Seller makes
no other warranties express or implied, with respect to its performance under this Agreement. Se ller
shall have no liability to Purchaser for any special, incidental or consequential damages arising
out of its performance or non-performance of obligations hereunder, whether such liability is
based in contract, tort or otherwise, including but not limited to negligence, warranty, indemnity
or strict liability.
7. COMPLIANCE
Purchaser shall fully comply with all federal, state and local laws, ordinances, statutes,
rules, regulations, orders, judgments and license and permit conditions or requirements
(hereinafter "Laws"), including but not limited to all Laws pertaining to the environment and/or
natural resources as same relate to Purchaser obtaining permits authorizing its use of said Credits
and/or to Purchaser's use of said Credits in fulfilling its permit requirements. Purchaser shall, if
requested, furnish proof of any license or permit required in connection with the performance the
Agreement. All fees and charges in connection with Purchaser's compliance with applicable
Laws shall be borne by Purchaser. In the event of violation by Purchaser of any applicable Laws,
or the failure of Purchaser to comply with same, Purchaser shall pay all fines, penalties and other
expenses, including attorneys' fees, imposed upon or incurred by Purchaser or Seller in
connection therewith.
Purchaser accepts the responsibility to obtain all necessary regulatory approvals, permits
or the like relating to Purchaser's project or use of the Credits and further agrees to indemnify,
defend and hold harmless Seller for any and all violations thereof.
8. NO PROMISES OR INDUCEMENTS
Purchaser, including its agents, representatives, employees or the like, hereby
acknowledges and agrees that this Agreement is entered into with full reliance on its own
Sandhill Crane -# 1311 5 of 10 Draft 09/22/17
independent investigation and due diligence and not on any statements, representations or
agreements made by Seller. Further, Seller has not made any promises or inducements other than
what is contained in this Agreement to Purchaser, its agents, representatives, employees or the
like.
9. CONFIDENTIALITY
This Agreement may require the exchange of data and information considered proprietary
to Seller and/or Purchaser. For the purposes of this Agreement, the party providing information
will be referred to as the "Disclosing Party" and the party receiving information will be referred
to as the "Receiving Party". With regard to this Agreement and any and all information denoted
to be proprietary by the Disclosing Party at the time of exchange, the Receiving Party agrees to
hold this Agreement and such proprietary data and information in the strictest confidence, and
further agrees that it will not use any such proprietary data or information except in connection
with this Agreement, and will not disclose any such proprietary data or information to any third
party unless authorized in writing by the Disclosing Party.
Seller hereby agrees and approves Purchaser's need to share information contained in this
Agreement with its engineers, environmental consultants, financial partners, bank lender and
legal counsel, as necessary for the completion of this transaction, and to ensure that the
purchased Credits will satisfy the Purchaser's mitigation requirements, provided that Purchaser
use commercially reasonable efforts to ensure that such parties likewise treat such shared
information in a confidential manner.
The obligations under this section shall continue for a period of ten (10) years after the
termination of this Agreement.
The foregoing shall not apply to technical data and information which:
(i) at the time of disclosure is in the public domain or literature; or
(ii) after disclosure is published or otherwise becomes part of the public domain other
than by the action of the Receiving Party; or
(ii) the Receiving Party can show was in its possession at the time of disclosure; or
Sandhill Crane -# 1311 6 of 10 Draft 09/22/17
(iv) the Receiving Party can show was received by it after the date of disclosure from a
third party; or
(v) is compelled or required to be disclosed by law.
10. NEWS RELEASE
Unless otherwise agreed to in writing, which agreement shall not be unreasonably
withheld, neither of the Parties is permitted or authorized to release or cause to be released any
news release, public announcement, advertisement or publicity in relation to this Agreement;
provided, however, the Parties agree that the transactional terms of this Agreement shall not be
publicly disclosed. Anything contained in Sections 9 and 10 of this Agreement to the contrary
notwithstanding, Purchaser agrees in consideration of this transaction between the Parties that
Seller may disclose that Purchaser is a customer of Seller.
11. APPROVAL
This Agreement shall not be binding on Seller unless signed by the Seller's representative
identified in Section 19 below; likewise no modification to this Agreement shall be binding on
Seller unless in writing and similarly signed. Commencement of performance prior to
compliance with the preceding sentence shall not be construed as a waiver hereof.
12. NOTICE
All notices, requests, consents and other communications required or permitted to be
given under this Agreement shall be in writing and shall be sent by certified mail, postage
prepaid, return receipt requested; or shall be hand delivered; or shall be delivered by a
recognizable national overnight courier service; or shall be sent by facsimile transmission
addressed as follows:
Sandhill Crane -# 1311 7 of 10 Draft 09/22/17
As to Purchaser:
As to Seller:
Attention: Todd Engle, P.E., City Engineer
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Phone: 561-804-7012
Facsimile: 561-799-4211
Attention: Jonathan S. Weiss
Tetra Tech, Inc.
759 S. Federal Highway, Suite 314
Stuart, FL 34994
Phone: 772-781-3406
Facsimile: 772-781-3480
or to any other address or addresses as any party may designate from time to time by notice given
in accordance with this Section. Any such notice will be deemed delivered: (a) on the date upon
which the return receipt is signed or delivery is refused or the notice is designated by the postal
authority as not deliverable, as the case may be if mailed; (b) on the date delivered by personal
delivery; (c) on the date of delivery by a recognized national overnight courier service; or (d) on
the date of facsimile transmission. Facsimile signatures to this Agreement or any notices sent
pursuant to this Agreement shall be deemed hereby for all purposes to be originals. Sender shall
retain report(s) of facsimile transmission confirmation(s) for record purposes.
13. TERM
This Agreement shall become effective as of the date first set forth above and shall
remain in effect as provided herein. Section 9 shall survive the termination of this Agreement, to
the extent necessary to give full effect to the confidentiality provisions thereunder.
Sandhill Crane -# 1311 8 of 10 Draft 09/22/17
14. SEVERABILITY
If any one or more of the provisions contained in this Agreement ( other than provisions
constituting a material consideration to a party's entering into this Agreement) shall be found
void, illegal or unenforceable in any respect under any applicable law, then the validity, legality
and enforceability of the remaining provisions contained herein shall not in any way be affected
or impaired; provided, however, that in such case the Parties shall use their best efforts to achieve
the purpose of the invalid provision.
15. RELATIONSHIP OF PARTIES
The relationship between the Parties is that of independent entities and nothing herein
shall be construed to place them in the relationship of a partnership, agency, joint venture or
employer/employee. Neither Seller nor Purchaser shall be authorized, either expressly or
impliedly, to act on behalf of the other party or to assume any obligation of any kind on behalf of
the other party.
16. AMENDMENTS
This Agreement shall not be orally modified and no amendment hereto shall be effective
except by a writing signed by all Parties. None of the terms and conditions contained herein may
be added to, deleted, modified or altered except by written instrument signed by all Parties.
17. TRANSFER OF OBLIGATION
Neither of the Parties shall transfer or assign this Agreement, or any right or obligation
hereunder (except the right to receive money) without the prior written consent of the other party,
which consent shall not be unreasonably withheld. This Agreement shall inure to the benefit of
and be binding upon the Parties hereto, their successors and permitted assigns. In no event shall
Purchaser be allowed to transfer Credits or this Agreement for any use other than that identified
in Purchaser's Permits.
Sandhill Crane -# 1311 9 of 10 Draft 09/22/17
18. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida. Should either of the
Parties be involved in legal action related to this Agreement, the prevailing party will be
reimbursed all reasonable attorney fees and court costs from the non-prevailing party. The venue
for any litigation will be Palm Beach County, Florida. Both Parties hereby agree to waive a jury
trial, and will proceed to a trial by judge if necessary.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and replaces or
supersedes any and all prior agreements, representations or understandings between the Parties
relating to the subject matter hereof.
Agreed and Accepted by:
TETRA TECH, INC.
Signarure: .~ ~ ~
Printed Name: Jonathan S. Weiss
Sandhill Crane -#1311
Agreed and Accepted by:
CITY OF PALM BEACH GARDENS
Signature:, ___________ _
Maria G. Marino, Mayor
ATTEST:
By: ____________ _
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
IO of IO 10/02/17
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 12, 2017
Resolution 73, 2017
Subject/Agenda Item:
Consideration for Approval: Approving the Alton Planned Community Development
(PCD) Tracts D, E, and F Plat.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.:
Planning Manager Planning & Zoning:
Project Manager
] Quasi -Judicial
Finance:
Accountant
Tresha Thomas
Funding Source:
Council Action:
] Approval
] Approved w/ Conditions
] Denial
] Continued to: __
] Legislative [ l Operating
R.
Approved by:
City Manager
1----]_P_u_bl_ic_H_e_a_ri_ng_~ [X] Other NIA
Advertised:
] Required
[X ] Not Required
Date:
Paper:
Affected parties:
Attachments:
Budget Acct.#: N/A • Development Application
• Resolution 73 , 2017
Contract/Agreement:
Effective Date:
N/A
Expiration Date:
N/A
SUBJECT REQUEST
Meeting Date: October 12, 2017
Resolution 73, 2017
Page 2 of 2
A request by KG Donald Ross, LLC to receive approval of the plat for Tracts D, E, and F
within the Alton Planned Community Development (PCD). The proposed plat is consistent
with the approved Alton PCD master plan. Staff is recommending approval.
BACKGROUND
On November 16, 2016, the City Council adopted Resolution 74, 2016, approving
modifications to the Alton PCD master plan converting of 350 apartments, 715 multifamily
units, and 50,000 square feet of neighborhood commercial to 418 single-family units,
32,000 square feet of Industrial/Research and Development/Biotech use, a 256-bed
assisted living facility, and an 8.44-acre public park.
TECHNICAL COMPLIANCE APPROVAL
On August 9 , 2017, the City issued Technical Compliance Approval (TCA) for the plat of
the project pursuant to City Code Section 78-446(d)(2)(d).
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 73, 2017 as presented.
' ,
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
Request:
1Planned Community Development (PCD)
CPlanned Unit Development (PUD)
1 Amendment to PCD, PUD or Site Plan
l Conditional Use
1 Amendment to the Comprehensive Plan
r:Administrative Approval
r Administrative Appeal
Project Name: Alton PCD -Tracts DEF
Owner: KG Donald Ross, LLC and KH Alton, LLC
C Annexation
LRezoning
C Site Plan Review
CConcurrency Certificate
C-Time Extension
1Miscellaneous
r7 Other IPrelimiruuy and Final Plat
Date Submitted: [ __ . ________ 1
Applicant (if notOwner):The Kolter Group, LLC, Manager
Applicant's Address:701 S. Olive Ave., Suite 104, WPB TelephoneNo.(561) 682-9500
Agent: __________________________ _
Contact Person: _________ _ E-Mail: ---------
Agent's Mailing Address: ---------------------
Agent's TelephoneNumber: --------------------
FOR OFFICE USE ONLY
Petition Number: _____ _ Date & Time Received: ------
Fees Received
Application$ Engineering$. ________ ..,....._.....,
Receipt Number: _______ _
1
·'
Architect: -----------------------------
E . Michael B. Schorah and Associates, Inc. ngmeer: -----------------------------
Planner:
Landscape Architect: -------------------------
Site Information: Note: Petitioner shall submit electronic digital flies of
approved projects. See attachment for details.
G I L . East of 1-95, North of Hood Road enera ocat1on:
Address: -----------------------------
5 ct. 26 and 35 T h' 41 South R · 42 East
e 10n: owns 1p: ange: -------
p rtyc t IN b ( } 52-42-41-26-01-004-0010, 52-42-41-26-01-016-0030,
rope on ro um er s =----------------------
52-42-41-26-01-015-0010 and 52-42-41-26-01-004-0030
A 112.52 ac. C tZ . MXD/PCD Overtay R dZ . No Change creage: ____ urren onmg: _______ equeste onmg: ------
Flood Zone_8 _____ Base Flood Elevation (BFE} -to be indicated on site plan __ _
Current Comprehensive Plan Land Use Designation~D ---------------
Ex . . L d U MXD R d d No Change 1stmg an se: equeste Lan Use: --------------------
P ed U ( } . h 1 . 1 ~ .1 'd Roadways and ropos se s 1.e. ote , smg e ,am1 y res, ence,etc.:
Future Development
Per Approved Site Plan Proposed Square Footageby Use:
-----
---------------------
ProposedNumberandType of Dwelling Unit(s} i.e. single family, multifamily, etc. (if applicable}:
N/A
2
,~
·"
Justification
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations.}
I. Explain the nature of the request: ·Preliminary and Final Plat Review for Alton PCD -Tracts DEF
2. What will be the impact of the proposed change on the surrounding area?
No Impact
3. Describe how the rezoning request complies with the City's Vision Plan and the following elements
of the City's Comprehensive Plan -Future Land Use, Transportation, Housing, Infrastructure,
Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination
and Capital Improvement.
N/A
3
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 78-301, Land Development Regulations)?
The proposed plat is consistent with the approved Site Plan
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
78-261, Land Development Regulations)?
N/A
6. Has project received concurrency certification?
Yes
Date Receivectl '.
-----------·---·-I
Legal Description of the Subject Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
Location
The subject property is located approximately 0-19 mlle(s) from the intersectionof Central
_B0_u_1e_v_ard ________ , on th~nortitQ.eastQsouthOwest side of Hood Road
(street/road). ----------------
4
./
Statementof Ownership and Designationof AuthorizedAg&'lt
Before me, the undersigned authority, personally appeared William Johnson
who, being by me first duly sworn, on oath deposed and says: -----------
1. That he/she is the fee simple title owner of the property described in the attached
Legal Description.
2. Th t h / b . t· Preliminary and Final Plat Review a e s e 1s reques mg in the
City of Palm Beach Gardens, Florida.
3. That be/she bas appointed __________________ to act
as authorized agent on his/her behalf to accomplish the above project.
N f Ow KG Donald Ross, LLC and KH Alton, LLC
am
1
eoruwn~
~ 6 -William Johnson, Manager
Slgnatureof Owne By: Namemtle
701 S. Olive Avenue, Suite 104
Street Address
P. 0. Box
561-682-9500
TelephoneNumber
reception@kolter.com
E-mail Address
West Palm Beach, Florida 33401
City, State, Zip Code
City, State, Zip Code
Fax Number
Swornandsubscribedbeforemethis ,~1 dayof N (,, '::s?lf\1· ,( r: . &>c:>l ',o
t $,!@, C ~elf.Ry
My Commission expires:
q/:>,o In:
5
Notary Pu
/~~~i}1~\ MICHELLE SANCHEZ
1~'._~/;J MY CO MMISS ION #FF058832
~.t/l" EX PIRES September 30 , 2017
(407) 3118-0153 Flor idn "l?ta,y5eivice.com
,
Applicant's Certification
I/We affirm and certify that I/we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on
any paper or plans submitted here with are true to the 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:
17 Owner
r Optionee
r Lessee
r Agent
r Contract Purchaser
Sign~4:s
William Johnson, Manager
Print Name of Applicant
701 S. Olive Avenue, Suite 104
Street Address
West Palm Beach, Florida 33401
City, State, Zip Code
561-682-9500
TelephoneNumber
Fax Number
reception@kolter.com
E-Mail Address
6
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 permlt(s) will cease until any outstanding invoices are paid.
The owner/deslgnee 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.
0 ~
KG Donald Ross, LLC and KH Alton, LLC
Owner printed name
DESIGNEE/BILL TO:
Kolter Group
. 701 S. Olive Avenue, Suite 104
West Palm Beach, Florida 33401
Date
52-42-41-26-01-004-0010,
Property Control Number
52-42-41-26-01-016-0030,
52-42-41-26-01-015-0010 and
52-42-41-26-01-004-0030
NOTARY ACKNOWLEDGEMENT
STATE OF FLORIDA -------------
COUNTY OF PALM BEACH -------------
1 hereby certify that the foregoing instrument was acknowledged before me this ddday of
N c)'-)-e m Of/' , 20JE by William Johnson • He or she is personally known
to me or __ ha roduced as identification. ---
j
Notaiy
ffi ic b.:e He So ne,he-z
Printed name
State of f I c) rt· d °' at-large My Commission expires: C\ / 30 / fl
,-{~~t!!~~*\ MICHELLE SANCHEZ
H--~ J-i MY COMMISS ION #FF058832 -~~-.. -\f~-.... · (!,,"'/ EXPIRES September 30 2017 ... , .. o,~,... ,
(407) 398-0153 FlorldaNotaryServlce .com
1
2
3 RESOLUTION 73, 2017
4
5
6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
7 BEACH GARDENS, FLORIDA, APPROVING THE PLAT FOR AL TON
8 PLANNED COMMUNITY DEVELOPMENT (PCD) TRACTS D, E, AND
9 F; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
10 PURPOSES.
11
12
13 WHEREAS, the City staff has reviewed the Alton PCD -Tracts DEF plat; and
14
15 WHEREAS, City staff has determined that the proposed plat meets all the
16 technical requirements of the City's Land Development Regulations (LDRs) and Chapter
17 177, Florida Statutes, and recommends approval of the plat; and
18
19 WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs;
20 and
21
22 WHEREAS, the City Council deems approval of this Resolution to be in the best
23 interest of the health, safety, and welfare of the residents and citizens of the City of Palm
24 Beach Gardens and the public at large.
25
26
27 NOW, THEREFORE, BE IT RESOLVED 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. The Mayor and City Clerk are hereby directed and authorized to
33 execute the Mylar of the Alton PCD -Tracts DEF consisting of four sheets, prepared by
34 Michael B. Schorah & Associates, Inc., attached hereto as Exhibit "A."
35
36 SECTION 3. This Resolution shall become effective immediately upon adoption.
37
38
39 (The remainder of this page intentionally left blank)
40
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Page 1 of 2
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Resolution 73, 2017
PASSED AND ADOPTED this __ day of _______ , 2017.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: ---------------Maria G. Marino, Mayor
ATTEST:
BY: ------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ------------R. Max Lohman, City Attorney
VOTE:
MAYOR MARINO
VICE MAYOR MARCIANO
COUNCILMEMBER WOODS
COUNCILMEMBER LANE
COUNCILMEMBER LITT
AYE NAY ABSENT
G :\attomey_share\RESOLUTIONS\2017\Resolution 73 20 17 -Plat -Alton DEF .DOCX
Page 2 of 2
Resolution 73, 2017
EXHIBIT "A"
DONALD
DEDICATIONS AND RESERVATIONS
KNOW AU. MEN BY THESE PRESENTS THAT KH ALTON LLC. A FLORIDA LIMITED LIABILITY COMPANY
ANO KG DONALD ROSS LLC, A FLORIDA LIMITED LIABILITY COMPANY 01/v'NERS OF THE LANO SHOWN
HEREON AS ALTON PCO TRACTS DEF, BEING A REPLAT OF TRACTS •c,.1•, "0-9" AND "P-5" AND A
PORTION OF TRACT "DEF". ALTON PCD, ltS RECORDED IN Pl.AT BOOK 118, PAGES 197 THROUGH
206, INCLU~VE. PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LYtNG IN SECTIONS 26 AND
35, TOWNSHIP 41 SOUTH, RANGE 42 EAST. CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOYJS
BEGINNING AT THE SOUTHVYEST CORNER OF TRACT -c,.z, /J.S SHOWN ON SAID Pl.AT OF AL TON PCD,
SAID POINT ALSO BBNG A POtNT ON THE NORTH LINE OF TRACT RW-1" AS SHO'NN ON SAID PLAT
OF ALTON PCD; THENCE NORTH sa•06'56" WEST ALONG SA.JD NORTH LINE OF TRACT "RW-1", A
DISTANCE OF 548.87 FEET TO THE MOST EAST LINE OF TRACT "C". RIGHT-OF-WAY LINE FOR GROSS
POINT ROAD AS SHOWN ON SAID PLAT OF MANDEL JCC-ME'YER ACADEMY -REPLAT NO. 1,
RECORDEQ IN PLAT BOOK 118 PAGE 53, PVBUC RECORDS OF PALM BEACH COUNTY FLORIDA;
THENCE NORTH 01•53'04" EAST ALONG SAID EAST LINE OF TRACT "C", A DISTANCE OF 55.00 FEET
TO A POINT ON THE NORTH LINE OF SAID TRACT •C", NORTH RIGHT-OF-WAY LINE FOR GROSS
POINT ROAD; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE FOR THE FOLLOWNG SEVEN
COURSES; NORTH sa•06'56" V'f'EST, A DISTANCE OF 32.20 FEET; THENCE NORTH 83.32'30" VEST, A
DISTANCE OF 52.116 FEET: THENCE NORTH 01"53'04" EAST, A DISTANCE OF 15.00 FEET: THENCE
NORTH SJ-32'30" WEST, A DISTANCE OF 140.45 FEET; THENCE SOL/TH 01•53·04· WEST, A DISTANCE
OF 15.00 FEET; THENCE NORTH 93•3230• WEST, A DISTANCE OF 308.19 FEET; THENCE NORTH
sa•06'S6" WEST, A DISTANCE OF 117.31 FEET TO A POINT ON THE EAST UNE OF TRACT •C",
RIGHT-OF-WAY LINE FOR GROSS POINT ROAD; THENCE NORTH oo•49'08" EA.ST ALONG SAID EAST
LINE, A [)(STANCE OF 291.34 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "C"; THENCE
NORTH sg-1as3· VYEST ALONG SAID NORTH LINE OF TRACT ·C". A DISTANCE OF 70.00 FEET TO A
POINTON THE EAST UNEOF SAID PLAT OF MANOEL JCc.MEYER ACADEMY· REPLAT NO. 1; THENCE
NORTH 00-49'08" EAST ALONG SAID EAST LINE OF MANDEL JCC..MEYER ACADEMY -REPLAT NO. 1, A
DISTANCE OF 942.23 FEET TO THE NORTH LINE OF SAID SECTION 3S ALSO BEING THE SOUTH LINE
OF TRACT '"P~ Af3 SHOWN ON SAID PLAT OF AL TON PCO; THENCE SOUTH 89"24'49" EAST ALONG
SAID NORTH LINE OF SECTION 35 ANO SAID SOUTH LINE OF TRACT •p~, A DISTANCE OF 25.00 FEET
TO A POINT ON THE EAST UNE OF SAID TRACT "P~; THENCE NORTH 004'49'08" EAST ALONG SAID
EAST LINE OF TRACT "P-6", A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTH LINE OF SAID
TRACT "P,G'; THoNCE NORTH 119"24'49" WEST ALONG SAID NORTH LINE OF TRACT "P-6" A DISTANCE
OF 010.34 FEET TO A POINT ON THE EAST LINE OF TRACT"P~ I'S SHOWN ON SAID PLAT OF ALTON
PCO; THENCE ALONG SAID EAST LINE AND NORTHEAST LINE OF SAID TRACT wp-8'" AND THE
NORTHEASTERLY LINE OF TRACT "P-r AS SHQINN ON SAID PLAT OF ALTON PCO FOR THE
FOLLOWNG ELEVEN COURSES; NORTH 21•12'36" EAST, A DtSTANCE OF 199.88 FEET; THENCE
NORTH ss•48'34" EAST, A DISTANCE OF 87.37 FEET; THENCE NORTH 15.49'21" EAST, A DISTANCE OF
120.65 FEET; THENCE NORnt 1<Y13'31" VEST, A DISTANCE OF 108.22 FEET; THENCE NORTH 74•48'45·
WEST. A OISTANCE OF 122.18 FEET: THENCE SOUTH 88"43'20' WEST, A DISTANCE OF 103.87 FEET:
THENCE NORTH er-25·04· WEST, A DISTANCE OF 153.92 FEET; THENCE NORTH 87"49'07" WEST. A
DISTANCE OF 261.23 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 200.00 FEET; THENCE NORTHVVESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 49901'18", A DISTANCE OF 171.12 FEET TO A POINT OF
COMPOUND CURVATURE OF A CURVE CONCA.VE TO THE NORTHEAST, HAVING A RADIUS OF 1442.00
FEET; THENCE NORTHYt'ESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 10"48'43", A DISTANCE OF 2n.11 FEET TO A POINT OF TANGENCY: THENCE NORTH 28"00'09"
V\'EST, A DtSTANCE OF 226.92 FEET TO A POINT ON TI-IE SOUTHEAST LINE OF TRACT "0-10" AS
SHOWN ON SAID PlAT OF ALTON PCD; THENCE NORTH 6S.39'S7" EAST ALONG SAID SOUTH EAST
LINE OF TRACT "~10", A DISTANCE OF 1232.37 FEET; THENCE SOUTH 24~3" EAST, A DISTANCE
OF 219.28 FEET; THENCE NORTH 89"'13'27 EAST, A DISTANCE OF 388.94 FEET; THENCE NORTH
00'"46'38" WEST, A DISTANCE OF 10.44 FEET TO A POINT ON THE SOUTH UNE OF ALTON ROAD
(TRACT "S-1") AS SHOVVN ON SAID PLAT OF ALTON PCO; THENCE NORnt 89'913'22" EAST AL.ONG SAID
SOVTH LINE OF ALTON ROAD (TRACT "S-1") A DISTANCE OF 88.82 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF GRANOIFLORA RCWJ (TRACT "S-2"} AS SHO'MII ON SAID PLAT OF ALTON
PCD; THENCE NORTH 46902'48• EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF GRANDIFLORA
ROAD (TRACT "S-2"), A DISTANCE OF 35.20 FEET; ntENCE SOUTH 89"11'56" EAST ALONG SAID SOUTH
RIGHT-OF-WAY LINE, A DISTANCE OF 1035.lS FEET TO A POINT ON THE 'M:ST UNE OF TRACT "P-3"
AS ~ ON SAID PLAT OF ALTON PCO; THENCE SOUTH 01•17'32" WEST ALONG SAID VVEST LINE
OF TRACT ·P-3", A DISTANCE OF 1102.37 FEET TO A POINT ON me SOUTHERLY LINE OF SAID TRACT
"P-3": THENCE SOUTH 53"48'35" EAST ALONG SAID SOUTHERLY LINE OF TRACT "P-3", A OISTANCE OF
121 .93 FEET TO A POINT ON THE EAST LINE OF SAID PLAT OF ALTON PCO; THENCE SOUTH 01•177Z'
WEST ALONG SAID EAST LINE OF ALTON PCO, A DISTANCE OF 48.26 FEET TO A POINT ON THE
NORTH LINE OF TRACT "0-8" AS SHOVVN ON SAID PLAT OF ALTON PCD; THENCE NORTH 88"42'28"
WEST ALONG SAID NORTH LINE OF TRACT "Q.8", A DISTANCE OF 25.00 FEET TO A POINT ON THE
VVEST LINE OF SAID TRACT '"0-8"; THENCE SOUTH 01"17'32" MST ALONG SAID WEST LINE OF TRACT
"0-8", A DISTANCE OF 291.22 FEET; THENCE SOUTH 00•4e·o3" WEST ALONG SAID WEST LINE OF
TRACT"o.8", A DISTANCE OF 309.70 FEET TOA POINT ON THE NORTHERLY LINE OF TRACT"P-4" AS
SHOWN ON SAID PLAT OF ALTON PCO; THENCE SOUTH 59"38'20" WEST ALONG SAID NORTHERLY
LINE OF TRACT "P-4·, A 04STANCE OF 187.56 FEET TO A POINT ON THE 'vVE.ST LINE OF SAID TRACT
"P-4", SAID POINT BEING A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHVVEST,
HAVING A RADIUS OF 1190.00 FEET AND A RADIAL LINE FROM SAID POINT BEARS SOUTH 71•15sr
WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE ANO SAID VEST LINE OF TRACT
"P-4", THROUGH A CENTRAL ANGLE OF 1r32'06', A DISTANCE OF 405.73 FEET TO A POINT OF
TANGENCY: THENCE SOUTH 00"48'03" WEST ALONG SAID WEST LINE OF TRACT "P-4" ANO THE WEST
LINE OF SAID TRACT "0-Z'. A DISTANCE OF S2S. n FEET; THENCE SOUTH 43~39"27" EAST ALONG SAJD
WEST LINE OF TRACT -o-2", A DISTANCE OF 35.02 FEET TO THE AFOREMENTIONED POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 112.518 ACRES. MORE OR LESS.
HAVE CAUSED THE SAME TO BE SURVEYED ANO PLATTED AS SHOWN HEREON AND 00 tEREBY
DEDICATE AS FOLLOWS:
THE KOLTER GROUP LLC NOTARY
0 D
AL TON PCD -TRACTS DEF
BEING A RE-PLAT OF TRACTS "0-1", "0-9" AND "P-5" AND A PORTION OF TRACT "DEF", ALTON PCD, AS RECORDED IN
PLAT BOOK 118, PAGES 197 THROUGH 206, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LYING IN SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST,
CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA.
MAY, 2017 SHEET 1 OF 4
1. TRACTS ·~1A" ANO "~18", AS SHOVVN HEREON, ARE HEREBY DEDICATED, IN FEE SIMPLE, TO THE
CITY OF PALM BEACH GARDENS FOR THE PERPETUAL USE OF THE PUBLIC FOR ROADWAY,
PARKING. DRAINAGE, UTILITY, LANDSCAPING ANO OTHER RELATED PURPOSES. MAINTENANCE OF
SAID TRACTS SHALL BE THE PERPETUAL MAINTENANCE RESPONSIBILITY OF ALTON PROPERTY
OINNERS ASSOCIATION, INC., ITS SUCCESSORS ANO ASSIGNS, WTHOUT RECOURSE TO THE CITY
OF PALM BEACH GARDENS.
2 TRACTS "D", "E" AND •p, AS SHOWN HEREON. ARE HEREBY RESERVED FOR THE OWNERS, THEIR
SUCCESSORS ANO ASSIGNS, ANO SHAU. BE THE PERPETUAL MAINTENANCE OBLIGATION OF SAID
OYYNERS, ntBR SUCCESSORS ANO ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH
GARDENS.
3. TRACT "CP". Af3 SHO'MII HEREON, IS HEREBY RESERVED FOR THE CITY OF PALM BEACH GARDENS.
ITS SUCCESSORS AND/OR ASSIGNS FOR PUBLIC PARK PURPOSES, INCLUDING UPLAND
PRESERVATION, AND SHALL BE TI-IE PERPETUAL MAINTENANCE OBLIGATION OF THE CITY OF
PALM BEACH GAROENS •. ITS SUCCESSORS ANO OR ASSIGNS. FEE SIMPLE TITL£ TO TRACT "CP"
OOES NOT TRANSFER HEREBY, BUT ONLY BY SEPARATE INSTRUMENT.
4. TRACTS "OS-1" ANO "OS-Z', Af3 SHQINN HEREON, ARE HEREBY DEDICATED TO ALTON PROPERTY
Q'M,,IERS ASSOCIATION, INC., ITS SUCCESSORS AND ASSIGNS, FOR OPEN SPACE, LANDSCAPING,
DRAINAGE AND UTILITY PURPOSES AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF
SAID Af3SOCIATION. rrs SUCCESSORS AND ASSIGNS. 'MTHOUT RECOURSE TO THE CITY OF PALM
BEACH GARDENS.
5. WATER MANAGEMENT TRACT W", AS SHOVYN HEREON, TOGEntER WTH THE UNDERLYING
MINERAL, EXPLORATION ANO MINING RIGHTS, IS HEREBY DEDICATED, IN FEE SIMPLE ABSOLUTE,
TO THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR WATER MANAGEMENT
ANO OTHER LAWFUL PURPOSES, SAID WATER MANAGEMENT TRACT BEING THE PERPETUAL
MAJ.NTENANCE OBLIGATION OF NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, ITS
SUCCESSORS ANO/OR ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS.
6. TRACT '"LM" AS SHOWN HEREON, TOGETHER WTH THE UNDERLYING MINERAL., EXPLORATION ANO
MINING RIGHTS, IS HEREBY DE04CATEO, IN FEE SIMPLE ABSOLUTE, TO THE NORTHERN PALM
BEACH COUNTY IMPRO VEMENT DISTRICT FOR PUBLIC ACCESS, PASStVE RECREATION AND FOR
ACCESS TO THE ADJOINING WATER MANAGEMENT TRACT FOR PURPOSES OF PERFORMING PJ,l'f
ANO ALL MAINTENANCE ACTIVITIES PURSUANT TO THE MAINTENANCE OBUGA TION OF SAID
DISTRICT, ITS SUCCESSORS ANO ASSIGNS. 'WITHOUT RECOURSE THE CITY OF PALM BEACH
GARDENS. STRUCTURES AND LANDSCAPING MAY BE PERMITTED WlnilN SAID TRACTS Af3
APPROVED BY OR WITH PRIOR WRITTEN CONSENT OF THE NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT AND THE CITY OF PALM BEACH GARDENS.
7. THE WATER MANAGEMENT EASEMENTS, AS SHOWN HEREON AND DESIGNATED AS W .M.E, ARE
HEREBY DEDICATED TO THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR THE
INSTAUATION, CONSTRUCTION, OPERATION INSPECTION, REPAIR, REPt.ACEMENT. UPGRADE ANO
MAINTENANCE OF WATER MANAGEMENT ANO OTHER NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT FACILITIES, THE LANDS THEREIN AND ntEREUNDER BEING THE
PERPETIJAL MAINTENANCE OBLIGATION OF THE ALTON PROPERTY OWNERS ASSOCIATION, INC.,
ITS GRANTEES, SUCCESSORS AND/OR ASSIGNS, WTHOUT RECOURSE TO NORTHERN PALM
BEACH COUNTY IMPROVEMENT DISTRICT AND 'WITHOUT RECOURSE TO THE CITY OF PAl.M BEACH
GARDENS. NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT SHAU. HAVE THE RIGHT.
BVT NOT THE OBLIGATION, TO CONSTRUCT. OPERATE. INSPECT, REPAIR, REPLACE. UPGRADE
ANO MAINTAIN WATER MANAGEMENT AND OTHER NORTHERN PALM BEACH COUNTY
IMPROVEMENT OISTR1CT FACILITIES WTHIN THESE EASEMENT AREAS.
8. THE ROADWAY BUFFER EASEMENTS, AS SHOIMJ HEREON AND DESIGNATED AS RB.E., ARE
HEREBY DEDICATED TO NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR PUBLIC
ACCESS, BUFFER, DRAINAGE, LIGHTING ANO UTILITY PURPOSES. THE LANDS ENCOMPl'SSEO BY
SAID RONJWAY BUFFER EASEMENTS BEING THE PERPETUAL MAINTENANCE OBLIGATION OF THE
AL TON PROPERTY OWNERS ASSOCIATION, INC., ITS GRANTEES, SUCCESSORS ANDIOR ASSIGNS,
WTHOUT RECOURSE TO NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT ANO
WTHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS.
9. THE SEACOl'ST UTILITY AUTHORITY EASEMENTS, I'S SHOWN HEREON ANO DESIGNATED I'S
S.UAE.. ARE HEREBY DEDICATED TO SEACOAST UTILITI' AUTHORITY' rrs SUCCESSORS ANDIOR
ASSIGNS, FOR INSTAUATION. OPERATION ANO MAINTENANCE OF WATER AND SEWER FACILITIES.
LANDS ENCUMBERED BY SAID EASEMENTS SI-W...l. BE ntE PERPETUAL MAINTENANCE OBUGATION
OF THE OWNER OR O'-NNERS OF THE FEE SIMPLE INTEREST IN SAID LANDS, THEIR SUCCESSORS
AND ASSIGNS, WTHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS.
10. THE UT1LITY EASEMENTS, I'S SHOWN HEREON ANO DESIGNATED AS U.E .. ARE HEREBY DEDICATED
IN PERPETUITY TO ALL GOVERNMENTAL ENTITIES AND PUBLIC UTILITIES VVITH THE RJGHT TO
ENTER UPON THE PROPERTY HEREON DESCRIBED TO INSTALL, OPERATE ANO MAINTAIN T HEIR
RESPECTIVE UTILITY FACILITIES, INCLUDING CABLE TELEVISION SYSTEMS. THE INSTAUATION OF
CABL£ TELEVISION SYSTEMS SHAl..1. NOT INTERFERE WTH THE lNSTAUATION, OPERATION
ANDIOR MAINTENANCE OF OTHER PUBLIC UTILITIES. IN THE EVENT A CABLE TELEVISION
COMPANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE $Cl.ELY RESPONSIBLE
FOR THE DAMAGES. SUCH CONSTRUCTION, INSTAllATION, MAINTENANCE. ANO OPERATION OF
UTIUTY FACILITIES StW.l. COMPLY 'WITH THE NATIONAL ELECTRICAL SAFETI' CODE /!IS ADOPTED
BY THE FLORIDA PUBLIC SERVICE COMMISS40N.
11. THE PRESERVATION EASEMENT, AS SHOVilN HEREON, IS HEREBY DEDtCATEO TO NORTHERN PALM
BEACH COUNTY IMPROVEMENT DISTRICT AS CONSERVATION AREA FOR PRESERVATION, WATER
MANAGEMENT, ANO OTHER LAIM=UL PURPOSES. THE LANDS ENCOMPASSED BY SAID
PRESERVATION EASEMENT BEING THE PERPETUAL MAINTENANCE OBLIGATION OF THE CITY OF
PALM BEACH GARDENS, ITS GRANTEES, SUCCESSORS ANDIOR ASSIGNS. VVITHOUT RECOURSE TO
NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT. AFTER PRESERVE RESTORATION,
ACTIVlTIES PROHIBfTEO INCLUDE, BUT ARE NOT LIMITED TO, CONSTRUCTION OR PLACEMENT OF
BUILDINGS ON OR ABOVE GROUND, DUMPING OR PLAClNG SOIL OR OTHER SUBSTANCES SUCH AS
TRASH, ntE REMOVAL OR DESTRUCTION OF TREES, SHRUBS OR OTHER VEGETATION, EXCEPT
FOR THE REMOVAL OF EXOTIC INVASIVE VEGETATION, OR ANY OTHER ACTIVITIES DETRIMENTAL
TO ORAJNAGE, FLOOD CONTROL. WATER CONSERVATION, EROSION CONTROL. OR FISH ANO
VVILOU FE HABITAT CONSERVATION OR PRESERVATION.
12. THE PARKWAY BUFFER EASEMENT, AS SHOVYN HEREON AND DESIGNATED AS P.B.E., IS HEREBY
DEDICATED TO NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR PUBLIC A CCESS,
BUFFER, DRAINAGE AND UTILITY PURPOSES, THE LANDS ENCOMPASSED BY SAID PARKWAY
BUFFER EASEMENT BEI NG THE PERPETUAL MAINTENANCE OBLIGATION OF THE C!1'1 OF PALM
BEACH GARDENS, ITS GRANTEES, SUCCESSORS ANDfOR ASSIGNS WITHOUT RECOURSE TO
NORTHERN PALM BEACH COUNTY IMPROVEMENT otSTRICT. STRUCTURES MAY BE PERMITTED
UPON ntE PARt<Yo/AY BUFFER EASEMENT AS APPROVED OR VvtTH PRIOR WRITTEN CONSENT BY
ntE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT ANO lliE CllY OF PALM BEACH
GARDENS.
IN VVITNESS WHEREOF, KH ALTON LLC. A F LORIDA LIMITED LIABILITY COMPANY AND KG DONALD
ROSS LLC . A FLORIDA LIMITED LIABILITY COMPANY. HAVE CAUSED THESE PRESENTS TO BE SIGNED
BY ntEIR MANAGER, THE KOLTER GROUP LLC, A FLORIDA LIMITED UA81LITY COMPANY, THJS __
DAY OF , 2017.
KG DONA.L.D ROSS l.LC,
A FLORIDA LIMITED LIABILITY COMPANY
KH ALTON LLC,
A FLOR1DA LIMITED LIABILITY COMPANY
BY: THE KOLTER GROUP LLC.
A FLORIDA UWT ED LIABILITY COMPANY. MANAGER
"1TNESS: BY:-=====--==-----HOWARDERBSTBN, llolANAGER
PRINTED NAME:
\IIITNESS:
PRINTED NAME:
KG DONALD ROSS LLC AND KH AL TON LLC ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTI' OF PALM BEACH
BEFORE ME PERSONALLY APPEARED HOWARD ERBSTEIN, 'W!-10 IS PERSONAl.l. Y KNO\MI.I TO ME, OR
HAS PRODUCED AS IDENT1FICATION, AND IM-iO EXECUTED THE FOREGOING
INSTRUMENT AS MANAGER OF THE KOLTER GROUP LLC . A FLORIDA LIMITED LIABILITY COMPANY,
AS MANAGER OF KH AL TON LlC, A FLORIDA LIMITED UABILITI' COMPANY ANO KG DONALD ROSS
LLC, A FLORIDA LIMITED LIABILITY COMPANY, ANO A CKNOWLEDGED BEFORE ME THAT HE
EXECUTED SUCH INSTRUME NT FOR THE PURPOSES EXPRESSED THEREIN.
'MTNESS MY HAND AND OFFICIAL SEAL THIS __ DAY OF---~ 2017.
MY COMMISSION EXPIRES:-----=-------------
NOTARY PVBUC
COMMISSION NO. -------
PRINTED NAME
AREA TABULATION FDR THE USE OF NORTHERN
PALM BEACH C OUNTY
IMPROVEMENT DISTRICT
TRACT ACREAGE LANO USE COOE DESIGNATED
DESIGNATION CLASSIFICATION ACREAGE
TRACT"[)" ZT.755 ACRES SINGLE FAMILY -RES SFZ 27.755 ACRES
TRACT"E" 43.173 ACRES SINGLE FAMILY -RES SFZ 43.173 ACRES
TRACT "F" 21.208 ACRES TOWN HOME -RES TRZ 21.208 ACRES
TRACT "CP" 8.437 ACRES EXEMPT ACREAGE
TRACT"l.M" 0.8SOACRES EXEMPT ACREAGE
TRACr-0~1-0.3S9ACRES EXEMPT ACREAGE
TRACT"OS-2" o.onACRES EXEMPT ACREAGE
TRACT "S-1A-5.841 A CRES EXEMPT ACREAGE
TRACT"S-1B" 1.6S7ACRES EXEMPT ACREAGE
TRACT'W' 3.166ACRES EXEMPT ACREAGE
TOTAL 112518 A CRES
PRESERVATION EASEMENT 0.9ACRES
CITY OF PALM BEACH GARDENS APPROVAL
CITY OF PALM BEACH GARDENS
COUNTY OF PALM BEACH, FLORIDA
TI·US PLAT IS HEREBY APPROVED FOR RECOROTHIS __ DAY OF ______ 2017.
BY:-=-==-==--MARIA G. MARINO, MAYOR
ATIEST: -----
PATRICIA SNIDER, CMC
CITY CLERK
THIS PLAT IS HEREBY APPROVED FOR RECORD THIS
BY:----------
TOCO ENGLE, P.E.
CITY ENGINEER
CITY OF PALM
BEACH GARDENS
REVIE'MNG
SURVEYOR
DAY OF ______ 2017.
SURVEYOR
0 00
COUNTY OF PALM BEACH
STATE OF FLORIDA
ss
THIS PLAT WAS FILED FOR RECORD AT
---~M. THIS ___ DAY OF _____ _,, 2017, ANO OULY
RECORDED IN PLAT SOOK NO. ---ON PAGE ___ THRU __ _
SHARON R. BOC K,
CLERK ANO COMPTROUER
BY: _________ 0.C. • KEYMAP ~ NOT TO SCALE
SURVEYOR'S NOTES
1. BUILDING SETBACK LINES SHAU. BE AS REQUIRED BY ORDINANCES OF THE CITY OF
PALM BEACH GARDENS.
2. NO BUILDING OR ANY KIND OF CONSTRUCTION OR TREES OR SHRUBS SHAU. BE PLACED
ON ANY EASEMENT 'MTHOUT THE PRIOR WRITTEN APPROVAL OF T HE GRANTORS ANO
GRANTEES OF SUCH EASEMENTS ANO ALL APPLICABLE CITY APPROVAL PERM1TS Af3
REQUIRED FOR SUCH ENCROACH MENT.
3. I N THOSE CASES WHERE EASEMENTS OF DtFFERENT TYPES CROSS OR OnERWSE
CotNCIOE. DRAINAGE EASEMENTS SHALL HAVE FIRST PRIORITY, lJTILilY EASEMENTS
SHALL HAVE SECOND PRIORITY, ACCESS EASEMENTS SHAU. HAVE THIRD PRIORITY ANO
ALL OTHER EASEMENTS SHALL BE SUBOROl~TE TO THESE WTTH THEIR PRIORITIES
BEING DETERMINED BY USE RIGHTS GRANTED.
4. ALL LINES ARE NON-RADIAL UNLESS OTHER'MSE NOTED.
5. NOTICE: THIS PLAT , AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF
THE SUBOIVIOEO LANDS OESCRIBEO HEREIN, ANO \I/ILL IN NO CIRCUMSTANCES BE
SUPPLANTED IN AUTHORITY 9Y ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT.
THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT
THAT MAY BE F OUND IN THE PUBLIC RECORDS OF THIS COUNTY.
6 . BEARINGS AS SHOINN HEREON ARE BASED UPON THE EAST LINE OF THE SOUTHEAST
QUARTER (SE 114) OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, HAVING A GRID
BEARING OF SOUTH 01"11"32" WEST, WHICH IS RELATIVE TO THE NORTH AMERICAN
DATUM (NAO.) 83, 1990 ADJUSTMENT.
CITY OF PALM BEACH GARDENS REVIEWING SURVEYOR
THIS PLAT HAS BEEN REVIEWED FOR CONFORMITY IN ACCORDANCE W TH CHAPTER 1n.081(1)
OF THE FLORIDA STATUTES ANO THE ORDINANCES OF THE CITY OF PALM BEACH GARDENS,
FLO RIDA. THIS REVIEW DOES NOT INCLUDE THE VERIFICATION OF THE GEOMETRIC DATA OR THE
FIELD VERIFICATION OF PERMANENT CONTROL POINTS ANO MONUMENTS AT LOT CORNERS.
DAVID E. ROHAL
PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NO. LS 4315
SURVEYOR & MAPPER'S CERTIFICATE
STAT E OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY THAT THE PLAT SHOWN HEREON IS A TRUE ANO CORRECT REPRESENTATION
OF A SURVEY MADE UNDER MY RESPONSIBLE DIRECTION PHJ SUPERVISION; THAT SAID SURVEY
IS ACCURAT E TO THE BEST OF MY KNOWLEDGE AND BELIEF; THAT PERMANENT REFERENCE
MONUMENTS (P.R.M.'S), HAVE BEEN PLACED AS REQUIRED BY LAW, ANO THAT PERMANENT
CONTROL POINTS (P .C.P.'S), AND M ONUMENTS ACCO RDtNG TO SECTION 1n.091 (9), F.S., WT LL BE
SET UNDER THE GUARANTEES POSTED 'MTH THE CllY OF PALM BEACH GARDENS. PALM BEACH
COUNTY, FLORIDA FOR THE REQUIRED IMPROVEMENTS: ANO, FURTHER, THAT THE SURVEY
DATA COMPLIES YIIITH ALL OF THE REQUIREMENTS OF CHAPTER 177 PART I, PLATTING, FLOR1DA
STATUTES, Ji,,S AMENDED, ANO ntE ORDINANCES OF THE CITY OF PALM BEACH GARDENS,
FLORIDA,
DATE: _______ _
LESUE C. BISPOTI
PROFESSIONAL SURVEYOR AND MAPPER
CERTIFICATE NO. 5696
STATE OF FLORIDA
CERTIFICATE OF AUTHORIZATION LB.• 2438
THIS INSTRUMENT WM PREPARED BY LESLIE C. BISPOTI, P.S.M. OF MICHAEL B. SCHORAH ANO
ASSOCIATES, INC., 1850 FOREST Hill BOULEVARD, SUITE 206. WEST PALM BEACH, FLORIDA.
MICHAEL B. SCHORAH
& ASSOCIATES, INC.
1850 FOR EST HILL BLVD .• SUITE 206
WEST PALM BEACH. FLORIDA 33406
EB# 2438 TEL (561) 968-0080 FAX.. (561) 642-9726 LB# 2438
AL TON PCD -TRACTS DEF
AL TON PCD -TRACTS DEF
BEING A RE-PLAT OF TRACTS "0-1", "0-9" AND "P-5" AND A PORTION OF TRACT "DEF", ALTON PCD, AS RECORDED IN
PLAT BOOK 118, PAGES 197 THROUGH 206, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LYING IN SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST,
lln.E CERTIFICA 110N
STATE OF A.ORlDA
COUNTY OF PALM BEACH
I, HUGH W. PERRY, A DULY LICENSED ATTORNEY IN THE STATE OF FLORIDA, DO HEREBY CERTIFY
THAT I HAVE EXAMINED THE TITLE TO THE HEREON DESCRIBED PROPERTY ; THAT I FIND THE
TITLE TO THE PROPERTY IS VESTED TO KH ALTON U.C, A FLORIDA LIMITED LIABILITY COMPANY
ANO KG DONALD ROSS U.C, A FLORIDA LIMITED LIABILITY COMPANY ; THAT THE CURRENT TAXES
HA.VE BEEN PAID; THAT ALL MORTGAGES NOT SATISFIED OR RELEASED OF RECORD NOR
OTHERWISE TERMINATED BY LAW ARE SHOWN HEREON; ANO THAT THERE ARE ENCUMBRANCES
OF RECORD BUT THOSE ENCUMBRANCES 00 NOT PROHIBIT THE CREATION OF THE SUBDfVISION
DEPICTED BY THIS PLAT.
DATEO ____ _
HUGH W. PERRY , FLORIDA BAR• 803ISOO
FOR THE ARM OF GUNSTER , YOAKLEY & STEWART, PA
AL TON PROPERTY OWNERS ASSOCIA 110N, INC. ACCEPTANCE
STATE OF FLORIDA
COUNlY OF PALM BEACH
AL.TON PROPERTY OWNERS ASSOCIATION, INC. HEREBY ACCEPTS THE DEDICATIONS OR
RESERVATIONS TO SAID ASSOCIATION AS STATED AND SHOWN HEREON, AND HEREBY ACCEPTS
ITS MAINTENANCE OBLIGATIONS FOR SAME AS STATED HEREON. DATED THIS __ DAY OF _____ 20,1.
WITNESS:
PRINTED NAME:
WITNESS:
PRINTED NAME:
AL TON PROPERTY QIM,,IERS ASSOCIATION, lNC .
A FLORIDA CORPORATION NOT.fOR-PROITT
BY :.,,RICK,.,,,""COVEU.=""'"~PRESl==DEHT=,-----
ALTON PROPERTY OWNERS ASSOCIA 110N, INC. ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME PERSONAU.Y APPEARED RICK COVELL. YVHO JS PERSONALLY KNO'M"1 TO ME. OR
WHO t"'5 PROOUCEO AS IDENTIFICATION, AND WHO EXECUTED 1liE
FOREoc::i.NG INSTRUMENT AS PRESIDENT OF ALTON PROPERTY OWNERS ASSOCIATION , INC.,
ANO ACKNOY'tt.EOGED TO ANO BEFORE ME THAT HE/SHE EXECUTED SUCH INSTRUMENT AS
SUCH OFFICER OF SAID CORPORATION, ANO TKI.T SAID INSTRUMENT IS THE FREE ACT AND
DEED OF SAID CORPORATION.
WITNESS MY HAND AND OFFICIAL SEAL THS
MY COMMISSION EXPIRES: -----
COMMISSION NO. ------
ALTON PROPERTY Ow..lERS
DAY OF ___ ~ 2017.
NOTARY PU8UC
PRINTED NAME
ASSOCIATION. INC NOTARY
OD
CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA.
MAY, 2017 SHEET 2 OF 4
LESTER FAMILY MORTGAGEE'S CONSENT
STATE OF A.ORIDA
COUNTY OF PALM BEACH
THE UNDERSIGNED HEREBY CERTIFIES THAT IT 15 THE HOLDER OF A MORTGAGE, UPON THE
PROPERTY DESCRIBED HEREON ANO DOES HEREBY JOIN IN AND CONSENT TO THE DEDICATION
OF THE LANO DESCRIBED IN SAID DEOtCATION BY THE OWNER niEREOF ANO AGREES THAT ITS
MORTGAGE \'VHICH IS RECORDED IN OFFlCIAL RECORD BOOK 29522, PAGE 132 OF niE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, SHALL BE SUBORDINATED TO THE DEDICATION
SHOWN HEREON.
IN WTNESS WHEREOF, THE SAID COMPANY HAS CAUSED THESE PRESENTS TO BE SIGNED BY
m, THIS ---O..Y OF ----, 2017.
V'KTNESS:
PRINTED NAME:
WIThESS:
PRINTED NAME:
LESTER FAMILY ACKNOWLEDGMENT
STATE OF FlORIOA
COUNTY OF PALM BEACH
niE LESTER FAMILY INVESTMENTS. LP.
niE TtW.l. FAMILY PARTNERSHIP , LP.
ROMADE ASSET PARTNERS, LP.
PAUL H. BRIGER REVOCABLE TRUST AGREEMENT
BRIGER PROPERTY LLC
THE DAVID MINKIN FLORIDA REAL TY TRUST
BY : CHARl.£5 A. LLIBITZ. ESQ.
DESIGNATED REPRESENTATIVE
BEFORE ME PERSONALLY APPEARED CHARLES A. LUEITZ, ESQ., WHO IS PERSONAL.LY KNO'Mol TO
ME, OR \NHO HAS PRODUCED AS IDENTIFICATION, ANO 'MiO EXECU1'ED THE
FOREGOtNG INSTRUMENT AS DESIGNATED REPRESENTATIVE OF THE LESTER FAMILY
INVESTMENTS LP., THE TtW..L FAMILY PARTNERSHP. LP., ROMAOEASSET PARTNERS , LP., PAUL
H. BRIGER REVOCABLE TRUST AGREEMENT , BRIGER PROPERTY LLC. ANO PATRICIA B. LESTER
AND HOWARD LESTER, AS CO-TRUSTEE OF THE OAVJO MINKJN FlORIOA REALTY TRUST DATED
DECEMBER 12, 1996 ANO ACKNow..eOGEO BEFORE ME TK6.T HE EXECUTED SUCH INSTRUMENT
FOR THE PURPOSES EXPRESSED THEREIN.
WITNESS MY HANO AND OFFIClAL SEAL THS __ DAY OF ____ 2017
MY COMMISSION EXPIRES:
NOTARY PU8UC
COMMISSION NO. -------
PRINTED NAME
LESTER FAMILY LESTER FAMILY
MORTGAGEE MORTGAGEE oc
REGIONS BANK MORTGAGEE'S CONSENT
STATE OF A.ORIDA
COUNTY OF PALM BEACH
THE UNOER~GNEO HEREBY CERTIFIES THAT IT IS THE HOLDER OF A MORTGAGE, UPON THE
PROPERTY DESCRJBED HEREON ANO DOES HEREBY JOIN IN ANO CONSENT TO THE DEDICATION
OF THE LAND DESCRIBED IN SAID DEDICATION BY THE OV<JNER THEREOF AND AGREES THAT ITS
MORTGAGE VVI-IICH IS RECORDED IN OFFJCIAL RECORD BOOK 26522, PAGE 244 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA. SHALL BE SUBORDINATED TO THE DEDICATION
SHOWN HEREON.
IN WTNESS VVI-IEREOF, THE SAID COMPANY HAS CAUSED THESE PRESENTS TO BE SIGNED BY
ITS THIS ___ o.,y OF----· 2017.
REGIONS BANK.
AH AJ.>BAMA BANKING CORPORATION
WTNESS: BY : -JE=FF~REY=~l.~S~l-f.JLMAN==------
EXECUTIVE vtCE PRESIDENT
YltTNE9S:
PRJNTED NAME:
REGIONS BANK ACKNOWLEDGMENT
STATE OF FLORIDA.
COUNTY OF PALM BEACH
BEFORE ME PERSONALLY APPEARED JEFFREY I. SHLJLMAN WHO IS PERSONAU. Y ~ TO ME,
OR HAS PRODUCED AS IOENTIACATION, ANO VMO EXEClJTEO
THE FOREGOING INSTRUMENT AS EXECUTIVE VICE PRESIDENT OF REGIONS BANK. ANO
ACKNOM..£0GEO TO N«J BE.FORE ME THAT HE EXECVTEO SUCH INSTRUMENT AS SUCH OFFICER
OF SAID CORPORATION, ANO THAT THE SEAL AFFLXEO TO nE FOREGOtNG INSTRUMENT IS THE
CORPORATE SEAL OF SAID CORPORATION ANO THAT IT WAS AFAXEO TO SAlD INSTRUMENT BY
DUE ANO REGtAAR CORPORATE AUTHORITY , AND THAT SAID INSTRUMENT IS THE FREE ACT PiNO
DEED OF SAID CORPORATION.
WTNESS MY HAND AND OFACIAL SEAL THIS ___ DAY OF -------• 2017.
MY COMMISSK>N EXPIRES: _______ _
NOTARY PUBLIC COMMISSION NO. __________ _
PRINTED NAME
REGIONS BANK REGtoNS EIAH< NORTHERN PALM BEACH COUNTY oo ·o
COUNTY OF PALM BEACH
ss
STATE OF FLORIDA
THS PLAT WAS F1LED FOR RECORD AT
LEGEND
P.O.B.
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POINT OF BEO,NNING
POINT Of COMMENCEMENT
PERMANENT CONTROL POINT
PERMANENT REFERENCE MONUMENT
CONCRETE MONUMENT
OFFICIAL RECORD BOOK
DEED BOOK
Pl.AT BOOK
PAGE(S)
PALM BEACH COUNTY
TYPICAL
FOUND
RIGHT OF WAY
l/TIUTY EASEMENT
OR.lUNAGE EASEMENT
RADIUS
ARCL£NGTH
CURVE CENTRAL ANGLE
CHORD BEARJNG
CHORD LENGTH
PARKWAY BUFFER EASEMENT
ROArNVAY BUFFER EASEMENT
____ M. THIS ___ DAYOF
===~-~ 2017, ANO DULY
RECORDED IN Pl.AT BOOK NO. ---ON PAGE ___ THRU __ _
SHARON R. BOCK.
CLERK ANO COMPTROLLER
BY: _________ o.c.
SEACOAST UTlUTY AUTHORITY EASEMENT
IRONROO
LIMITED ACCESS EASEME"1"
• FLORIDA POWER ANO LIGHT COMPANY
CALCUlATEO
CENTERLINE
SET NAIL AND ALUMINUM DISK. STAMPED P.C.P. LB2438
SET 1/2" 1.R. WITH ALUMINUM DISK.
STAMPED "SCHORAM AND ASSOCIATES PRM LB#2438"
DENOTES P.R.M FOUND (STAMPED ·PRM LB 4431")
DENOTES P.R.M FOUNO (STAMPED "PRM 2424")
WATER MANAGEMENT EASEMENT
FLORIDA DEPARTMENT OF TRANSPORTATION
SEACOAST l/TIUTY AUTt«lRITY
NORTI-iERN PPL.M BEACH COUNTY IMPROVEMENT DISTRICT
ALUMINUM
NORTHERN PALM BEACH COUNTY IMPROVEMENT DISlRICT ACCEPTANCE
STATE OF FLORIDA
COUNTY OF PALM BEACH
THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT HEREBY ACCEPTS THE WATER
MANAGEMENT EASEMENTS, THE PARXWAY BUFFER EASEMENT, THE ROADNAY BUFFER
EASEMENTS AND TI£ PRESERVATION EASEMENT, AS SHOVVN HEREON ANO HEREBY
ACKNOWLEDGES SAJO NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT HAS NO
MAINTENANCE 0Bl.lG4'.TION, IN, OVER, UNDER OR L90N THE LANDS OVER WHICH SAID
EASEMENTS LIE; AND HEREBY ACCEPTS THE RIGHT, BlJT NOT THE OBLIGATION TO CONSTRUCT,
OPERATE, REPAIR, REPLACE, UPGRADE, INSPECT ANO MAINTAIN ITS WATER MANAGEMENT
FACILITIES LYING 'MTHN THE WATER MANAGEMENT EASEMENTS.
1liE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT HEREBY ACCEPTS 1liE FEE
SlMPLE DE.OtCATION OF TRACTS "'W' AND i...M", AS SHOYYN t£REON, ANO HERESY
ACKN<l'M£0GES THE PERPETUAL MAINTENANCE OBUGATION OF SAID TRACTS.
DATED THI S __ DAY OF----~ 2017.
NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT
UNIT OF DEVELOPMENT 2C
ATTEST: ==-==,,.,-=---O"NEAL BARDIN, JR.
ASSISTANT SECRETARY
BOARD OF SUPERVISORS
BY:01M=n=H~EW=J~. eo=Y~Kl~N,---
PRESIOENT
BOARD OF SUPERVISORS
MICHAEL B. SCHORAH
& ASSOCIATES, INC.
1850 FOREST HILL BLVD .. SUITE 206
WEST PALM BEACH, FLORJDA 33406 11:
:111
EBI 2431!1 TEL (5&1) 988-0080 FAX. (561 ) 642-9726 LBI 2439
AL TON PCD -TRACT DEF
AL TON PCD -TRACTS DEF
BEING A RE-PLAT OF TRACTS "0-1 ", "0-9" AND "P-5" AND A PORTION OF TRACT "DEF", ALTON PCD, AS RECORDED IN
PLAT BOOK 118, PAGES 197 THROUGH 206, INCLUSIVE , PUBLIC RECORDS OF PALM BEACH COUNTY , FLORIDA,
A LYING IN SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH , RANGE 42 EAST,
CITY OF PALM BEACH GARDENS , PALM BEACH COUNTY , FLORIDA.
KEY MAP
MAY, 2017 SHEET 3 OF 4
NOTTO SCALE
(P.8 ';1~~~~~.;',~';)TRACT"P.s· MATCH LINE-SEE SHEET 4
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\ (15' ADDITIONAL R/W)
PLATN0.4
'NESTNOOO GARDENS
PLAT BOOKS4, PAGES 13S-138
GRAPHIC SCALE
50 100 200 300
( IN FEET)
1 INCH= 100 FT.
SW. CORNER OF TRACT "0-2"'
ALTON PCO (P .B. 118, PAGE 197)
11=
=111
TRACT "OS-2"
COUN1Y OF PALM BEACH )
) ss
STATE OF FLOR1DA )
THIS PLAT WAS FILED FOR RECORD AT
---~,M. THl~-17-,-NCj-0-c:.~ OF
RECOROEDINPLATBOOKNO. __ _
ON PAGE THRU
SHARON R. BOCK,
CL.ERK AND COMPTROUER
BY : _________ o.c.
MICHAEL B. SCHORAH
& ASSOCIATES, INC.
1650 FOREST HILL BLVD., SUITE 206
WEST PALM BEACH, FLORIDA 33406
EB# 209 TEL. (561) 968-0080 FAX. (581) 642-ene LSI 2438
AL TON PCD -TRACTS DEF
AL TON PCD -TRACTS DEF
BEING A RE-PLAT OF TRACTS "0-1", "0-9" AND "P-5" AND A PORTION OF TRACT "DEF", ALTON PCD, AS RECORDED IN
PLAT BOOK 118, PAGES 197 THROUGH 206, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LYING IN SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST,
KEY MAP
NOTTOSCAlE
~CENTER Of' SECTION 29.
TOWNSHIP41 S, RANGEQ E.
TRACT"B"
P.B. 118, PAGE 197
ORTHEASTERL Y LJNE OF
TRACT "P-7" (P.B. 118, PAGE 197)
N87"49'07"W 261.23'
TRACT"P~"
P.B. 118, PAGE 197
(NOT INCWOEO)
CONSERVATION EASEMENT
O.R.B. 27119, PAGE 1462
(9.22ACRES)
CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA.
TRACT "E"
MAY, 2017 SHEET 4 OF 4
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COUNTY OF PALM BEACH )
) ss
STA TE OF FLORIDA )
THIS PLAT WAS FILED FOR RECORD AT ----M. THIS __ DAY OF
====,...,.,,_2017, ANO DULY
RECORDED IN Pl.AT BOa< NO. --
ON PAGE THRU __
SHARON R. BOCK.
CLERK ANO COMPTROLLER
ev: ________ o.c.
MICHAEL B. SCHORAH
& ASSOCIATES, INC.
1850 FOREST HILL BLVD., SUITE 206
WEST PALM BEACH, FLORIDA 33406
TEL. (581) 968-0080 FAX.. (581) 642~728 LBf2at
AL TON PCD -TRACTS DEF
•
(';.,PALM BEACH
ct%F~S
PURCHASE AWARD TRANSMITIAL
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: N/A
TITLE: Rental of Motor Vehicles (Police)
DATE ADVERTISED: Not applicable
WAS SOLICITATION OPENLY COMPETED? Not applicable
FUNDING ACCOUNT INFORMATION: 001.1000.521.4420
CONTRACT TERM: Five (5) Years
OPTIONS TO RENEW: N/A
VENDOR(S): AMBASSADOR RENT-A-CAR, INC.
CONTRACT NO.: A2017-133PD
DEPARTMENT: Community Services
BIDS/PROPOSALS DUE DATE: Not applicable
RESPONSES RECEIVED: Not applicable
ANNUAL CONTRACT VALUES:
Year One: $40,000
Year Two: $40,000
Year Three: $40,000
Year Four: $40,000
Year Five: $40,000
TOTAL CONTRACT VALUE: $200,000
Two Hundred Thousand Dollars
BACKGROUND: This Agreement will allow the City's Police Department to rent unmarked vehicles on an as-needed basis. These
vehicles are used to support certain operational activities and undercover investigations. The City's current contract with
Enterprise Leasing has expired, and a new Agreement is needed to maintain continuity of service. Enterprise Leasing offered a
new Agreement to the City based on the State of Florida's contract, which has significantly higher prices. In addition to the higher
rental rates, Enterprise Leasing required the City to spend at least $40,000 per quarter or the prices would be increased .
COMMENTS: Ambassador Rent-A-Car is _a decades-old, family-owned, small business car rental firm operating from Dixie Highway,
within close proximity to the City for change-out of the vehicles. The vendor performs its own maintenance on the vehicles, and
allows the Police to rent the vehicles with unlimited mileage. Ambassador Rent-A-Car is familiar with the confidentiality
requirements of the Police rentals, and has worked with police officers from other neighboring municipalities for the same
services. City staff met with and interviewed the vendor, and the Police Department conducted a site visit and inspection at the
company's premises and is satisfied that the vendor has the resources to provide the services.
Originator Randy Buntin
Department Head Stephen Stepp
Purchasing Km! Ra
Finance Allan Owens
~OVED D NOT APPROVED 0 DEFERRED
c,{if::.~ DATE 7 I
• r;~
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
AGREEMENT
FOR
RENTAL OF MOTOR VEHICLES
AGREEMENT NO. A2017-133PD
THIS AGREEMENT ("Agreement") is made and entered into this __ day of
________ , 2017 (the "effective date") by and between the City of Palm
Beach Gardens, a Florida municipal corporation (hereinafter referred to as the "City"),
whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and
Ambassador Rent-A-Car, Inc., a Florida corporation (hereinafter referred to as the
"Contractor"), whose principal address is 917 S. Dixie Highway, Lake Worth, Florida
33460 .
WHEREAS , from time to time , the City's Police Department needs to rent motor
vehicles for use in certain police operations ; and
WHEREAS, the Contractor submitted a competitive quotation for car rental
services to the City, and these rates were the lowest received among the incumbent and
other vendors ; and
WHEREAS, the City has examined the Contractor's facilities and determined that
the Contractor possesses the resources and vehicles needed to meet the requirements
of the Police Department.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Contractor and the City agree as follows :
ARTICLE 1. DESCRIPTION OF GOODS/SERVICES.
The Contractor shall provide motor vehicle rentals, on an as-needed basis, to the
City's Police Department , based on the rates for the categories and types of vehicles
shown below:
Page 11 of 9
MAKE/MODEL*
Midsize
Chrysler 200
Chevy Malibu
Dodge Avenger
Chevy Cruze
Full-size
Chevy Impala
Dodge Charger
Lincoln Towncar
Luxu
Cadillac Sedan
Infinity G37
Lincoln Sedan
Minivan
Dod e Caravan
Midsize SUV
Dodge Journey
Chevy Equinox
*or similar vehicles
City of Palm Beach Gardens
Agreement No. A2017-133PD
Rental of Motor Vehicles (Police}
MONTHLY PRICE
$625.00
$675.00
Not Available
$750.00
$750.00
It is agreed and understood that any City department or agency may access this
Agreement and rent vehicles at the rates established herein. Each City department will
issue a separate purchase order to the Contractor for the department's specific rentals.
ARTICLE 2. PAYMENT.
The City will pay the Contractor the prices and rates established in this Agreement
for the rental of motor vehicles, pursuant to the issuance of a City-authorized Purchase
Order.
All payments shall be made in accordance with Florida Prompt Payment Act,
Section 218.74, Florida Statutes, on the presentation of a proper invoice by the
Contractor.
ARTICLE 3. TERM OF AGREEMENT.
The term of this Agreement shall be effective from November 2, 2017, through
October 31, 2022, unless terminated in writing as provided for in Article 4.
Page 12 of 9
ARTICLE 4. TERMINATION .
City of Palm Beach Gardens
Agreement No. A2017-133PD
Rental of Motor Vehicles (Police)
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 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 items provided through the date of termination in
accordance with the terms of this Agreement. In the event funds are not appropriated for
this Agreement, this Agreement and any individual rental orders executed pursuant
thereto shall terminate without penalty on October 1st of the year in which the non-
appropriation event occurs. After that date, the Agreement becomes of no effect and is
null and void. Non-appropriation or non-funding shall not be considered an event of
default.
ARTICLE 5. INDEMNIFICATION.
The Contractor recognizes that it is an independent contractor and not an agent or
servant of the City. The Contractor shall indemnify, defend, and hold harmless the City
and its officers, employees, agents, and instrumentalities from any and all liabilities,
losses, or damages, including attorney's fees and cost of defense, that 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 this Agreement by the Contractor or its employees,
agents, servants, partners, principals, or subcontractors. The Contractor 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 that may
be incurred thereon. The Contractor expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by the Contractor
shall in no way limit the responsibility to indemnify, defend, and hold harmless the City or
its officers, employees, agents, and instrumentalities as herein provided. This Article shall
survive the term of this Agreement.
ARTICLE 6. INSURANCE.
The City shall provide its own insurance to cover City staff operating the vehicles
rented under this Agreement. The City's insurance coverage shall meet the minimum
standards of coverage established in Florida Statutes.
ARTICLE 7. SPECIAL PROVISIONS.
For vehicles rented by the Police Department, the Contractor agrees to the
following special provisions:
Page 13 of 9
City of Palm Beach Gardens
Agreement No. A2017-133PD
Rental of Motor Vehicles (Police)
a. The rental agreement shall not list the name or other identifier of the specific
police officer renting the vehicle. The rental agreement shall only list the City
of Palm Beach Gardens as the renter.
b. The vehicles shall be rented with unlimited miles.
c. The Police may have the windows tinted.
d. At short or no notice, the Police may switch the vehicles out for another
vehicle or simply return the automobile.
ARTICLE 8. 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, mailed by registered or certified mail
(postage prepaid), return receipt requested, or delivered by overnight courier
to the following addresses:
As to the City:
With a copy to:
As to the Contractor:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Facsimile: (561) 799-4111
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Email: mlohman@pbgfl.com
· Ambassador Rent-A-Car, Inc.
917 S. Dixie Highway
Lake Worth, Florida 33460
Attn: Marco Sikanen
Email: kkambassador@yahoo .com
b. Entire Agreement. This Agreement constitutes the entire understanding and
agreement between the parties with respect to the subject matter hereof.
Accordingly, this Agreement may only be modified by mutual written consent
of the parties through an amendment, purchase order, or change order, as
appropriate.
Page 14 of 9
City of Palm Beach Gardens
Agreement No. A2017-133PD
Rental of Motor Vehicles (Police)
c. Binding Effect. All of the terms and provisions of this Agreement, whether so
expressed or not, shall be binding upon, inure to the benefit of, and be
enforceable by the parties and their respective legal representatives,
successors, and permitted assigns.
d. Assignability. This Agreement may not be assigned without the prior written
consent of all parties to this Agreement.
e. Severability. If any part of this Agreement 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.
f. Governing Law and Venue. This Agreement and all transactions
contemplated by this Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Florida without regard to
any contrary conflicts of law principle. Venue for 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.
This Agreement shall not be construed against the party who drafted the
same as all parties to this Agreement have had legal and business experts
review the adequacy of the same.
g. 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.
h. Construction. The parties acknowledge that each has shared equally in the
drafting and preparation of this Agreement, and accordingly, no Court or
Administrative Hearing Officer construing this Agreement shall construe it
more strictly against one party than the other, and every covenant, term, and
provision of this Agreement shall be construed simply according to its fair
meaning.
i. 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 Agreement or interpret same, or if any administrative proceeding is
brought for the same purposes, each party shall bear its own attorney's fees and
costs, including appellate fees and costs.
Page 15 of 9
City of Palm Beach Gardens
Agreement No. A2017-133PD
Rental of Motor Vehicles (Police)
j . Equal Opportunity. The City and the Contractor agree that no person shall,
on the grounds of race, color, gender, national origin, ancestry, marital status,
disability, religion, creed, or age, be discriminated against in the performance
of this Agreement. ,.
ARTICLE 9 . COMPENSATION.
The City's estimated expenditure under this Agreement is Two Hundred Thousand
Dollars ($200,000) for the five-year term of the Agreement, which is approximately Forty
Thousand Dollars ($40,000) per year.
Notwithstanding the estimated expenditure, the City does not guarantee to the
Contractor that this amount will be spent during the term of this Agreement; however, the
City shall be responsible for all amounts committed through the City's execution of
Purchase Orders pursuant to the contract terms.
ARTICLE 10. ACCESS AND .AUDIT OF RECORDS.
The City reserves the right to require the Contractor to submit to an audit by an
auditor of the City's choosing at the Contractor's expense. The Contractor shall provide,
at its place of business during regular business hours, access to all of its records that
relate directly or indirectly to this Agreement. The Contractor shall retain all records
pertaining to this Agreement, and upon request make them available to the City for ten
years following expiration of this Agreement. The Contractor 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.
ARTICLE 11. OFFICE OF THE INSPECTOR GENERAL.
Palm Beach County has established the Office of the Inspector General that is
authorized and empowered to review past, present, and proposed City 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 IG may, on a random basis, perform audits on all
City agreements.
ARTICLE 12 . PUBLIC RECORDS.
Pursuant to Chapter 119 , Florida Statutes, the Contractor shall comply with the
public records law by keeping and maintaining public records required by the City of Palm
Beach Gardens in order to perform the service. Upon request from the City of Palm
Beach Gardens' custodian of public records, the Contractor shall provide the City of Palm
Beach Gardens with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119 , Florida Statutes, or as otherwise provided by law. The Contractor shall
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City of Palm Beach Gardens
Agreement No. A2017-133PD
Rental of Motor Vehicles (Police)
ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract. Upon completion of the
contract, the Contractor shall transfer, at no cost, to the City of Palm Beach Gardens all
public records in possession of the Contractor or keep and maintain public records
required by the City of Palm Beach Gardens in order to perform the service. If the
Contractor transfers all public records to the City of Palm Beach Gardens upon
completion of the contract, the Contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If
the Contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City of Palm Beach Gardens, upon request
from the City of Palm Beach Gardens' custodian of public records, in a format that is
compatible with the information technology systems of the City of Palm Beach Gardens.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT THE OFFICE OF THE CITY CLERK LOCATED AT 10500 NORTH
MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410, PHONE
NUMBER (561) 799-4122, EMAIL ADDRESS: PSNIDER@PBGFL.COM .
ARTICLE 13. LICENSES, PERMITS AND FEES.
The Contractor shall hold all licenses and/or certifications, obtain and pay for all
permits and/or inspections, and comply with all laws, ordinances, regulations, and legal
requirements applicable to the Services required herein . Damages, penalties, and/or
fines imposed on the City or the Contractor for failure to obtain and maintain required
licenses, certifications, permits, and/or inspections shall be borne by the Contractor.
ARTICLE 14. FORCE MAJEURE.
The City and the Contractor are excused from the performance of their respective
obligations under this Agreement when and to the extent that their performance is delayed
or prevented by any circumstances beyond their control, including fire, flood , explosion,
strikes or 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:
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Rental of Motor Vehicles (Police)
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 for a period in
excess of two months, provided that in extenuating circumstances the City may excuse
performance for a longer term. Economic hardship of the Contractor shall not constitute
a force majeure. The term of the Agreement shall be extended by a period equal to that
during which either party's performance is suspended under this section.
ARTICLE 15. OTHER FORMS OR DOCUMENTS.
If the City is required by the Contractor to complete and execute any other forms
or documents in relation to this Agreement, the terms, conditions, and requirements in
this Agreement shall take precedence to any and all conflicting or modifying terms,
conditions, or requirements of the Contractor's forms or documents.
(The remainder of this page intentionally left blank)
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City of Palm Beach Gardens
Agreement No. A2017-133PD
Rental of Motor Vehicles (Police)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date hereinabove first written.
CITY OF PALM BEACH GARDENS, FLORIDA
By: _______________ _
Maria G. Marino, Mayor
ATTEST:
By: ____________ _
Patricia Snider, CMC, City Clerk
AMBASSADOR RENT-A-CAR, INC.
By: ________________ _
Osmo Sikanen, President
WITNESSES:
By: ____________ _
Print Name: ----------
By: ____________ _
Print Name: ----------
G:\attorney_share\AGREEMENTS\2017\Ambassador Rent-A-Car lnc-A2017-133PD-Agmt-PD Vehicles.docx
Page 19 of 9
........ -·--•-rJ.. PALM BEACH
c~~s
PURCHASE AWARD TRANSMITIAL
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: Bid Waiver
TITLE: Management of Food and Beverage Operations at
Sandhill Crane Golf Club
DATE ADVERTISED: Not applicable
WAS SOLICITATION OPENLY COMPETED? Not applicable
FUNDING ACCOUNT INFORMATION: 106.2530.572.3400
CONTRACT TERM: 5 years
OPTIONS TO RENEW: Two 5-year periods
VENDOR(S): GCF ENTERPRISES, LLC
CONTRACT NO.: A2017 -12 7GF
DEPARTMENT: Golf
BIDS/PROPOSALS DUE DATE: Not applicable
RESPONSES RECEIVED: Not applicable
ANNUAL CONTRACT VALUES:
Year One to Year Five $1,000,000
{Estimated Revenue to City)
TOTAL CONTRACT VALUE: $1,000,000
One Million Dollars (expected revenue to City over First Term).
BACKGROUND: A new 20, 000-square-fo ot Clubhouse is under construction at the Sandhill Crane Golf Club. The City advertised
a Request for Proposals to hire a firm to manage the food and beverage operations. The sole responder was not recommended
by the Selection Committee. Subsequent ly, in keeping with the Purchasing Policy, the City waived the competitive process and
engaged in i nterviews and discussions with several parties interested in providing the service. Those discussions res ulted in GCF
Enterprises, LLC being selected as the firm considered best qualified to provide the service and meet the high expectations of the
City.
COMMENTS: GCF Enterprises, LLC, is a corporation whose principals and management staff have more than 60 combined years
of experience in food and beverage operations. The experience includes the management of food and beverage operations at
golf clubs, private resorts and hotels, casual and formal restaurants, and other facilities serving the public. The City held several
meetings with the firm's principals, management staff, and the project team to be as · ned to Sandhill Crane Golf Club, and the
City is confident that the company has the resources and talent to make the operat' a successfu l venture.
Originator Charlotte Presensky
Department Head J. E. Doughney, Ill
Purchasing Km!Ra
Finance Allan Owens
~OVED D NOT APPROVED D DEFERRED
(i;,4:&t~~
CITY MAGER OR DESIGN EE DAT~
• -·-
(j~
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
AGREEMENT
FOR
MANAGEMENT OF FOOD AND BEVERAGE OPERATIONS
AT
SANDHILL CRANE GOLF CLUB
AGREEMENT NO. A2017-127GF
THIS AGREEMENT is made and entered this day of ,
2017 (the "Effective Date") by and between the City of Palm Beach Gardens, a Florida
municipal corporation (hereinafter referred to as the "City"), whose address is 10500
North Military Trail, Palm Beach Gardens, Florida 33410, and GCF Enterprises, LLC, a
Florida limited liability corporation (hereinafter referred to as the "Contractor"), whose
principal address is 11401 Northlake Boulevard, Palm Beach Gardens, Florida 33412,
with a mailing address of PO Box 30832, Palm Beach Gardens, Florida 33420.
WHEREAS, on January 25, 2017, the City advertised a competitive Request for
Proposals, RFP2017-034GF, Golf Clubhouse Food and Beverage Services, and received
one Proposal that was rejected; and
WHEREAS, the City's Purchasing Policy allows the City to solicit directly with a
firm when the competitive solicitation process does not result in the selection of a
contractor; and
WHEREAS, the Contractor has indicated that it possesses the resources,
experience, and expertise to provide the Services required.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Contractor and the City agree as follows .
RECITALS
I. The City is the owner of the Sandhill Crane Golf Club located at 11401 Northlake
Boulevard, Palm Beach Gardens, Florida, and the to-be-constructed Golf
Clubhouse on the same premises.
Page 1 of 24
L
Agreement No . A2017-127GF
Management of Food & Beverage and
Catering Operations at Sandhill Crane Golf Club
11. The City has the full power and authority to engage and contract with the
Contractor to manage, on its behalf, the Food and Beverage Operations, Catering
Services, and concession services at the Clubhouse under this Agreement.
Unless otherwise specifically set forth in this Agreement, this Agreement does not
include services arising in connection with the golf merchandise and is subject to
certain exceptions to the Contractor's exclusivity with respect to provision of the
Services.
Ill. The City desires to grant to the Contractor the sole and exclusive right , subject to
the exceptions set forth herein, to provide the Services, and the Contractor desires
to provide such Services, in the restaurant and pub, the banquet hall, the beverage
cart, and utilizing the Facilities and such other areas of the Golf Club as designated
by the City.
ARTICLE 1. DEFINITIONS.
In addition to terms defined elsewhere in this Agreement, the following words and
phrases, when used in this Agreement, shall have the meanings given to them in this
Section.
"Applicable Law" shall mean any and all laws (including all statutory enactments and
common law), ordinances, constitutions, regulations, treaties, rules, codes, standards,
permits, requirements, and Orders that (i) have been adopted, enacted, implemented,
promulgated, ordered, issued, entered, or deemed applicable by or under the authority of
any governmental body or arbitrator having jurisdiction over a specified person (or the
properties or assets of such person), and (ii) are applicable to this Agreement or the
performance of the obligations of the Parties under this Agreement.
"Budget" shall mean the annual operating and capital projection for revenue and
expenses to be developed by the Contractor for the City's review and approval.
"Calendar" shall mean the schedule of activities and events held at the facility. The
Calendar shall be coordinated by the Contractor through the City's approval process.
"Catering " shall mean the availability and provision of Food and Beverage Services for
pre-arranged functions or events whereby a person rece ives such goods and services in
exchange for payment for the function. Such functions or events shall include wedding
receptions, corporate conferences, events held in tented or party areas, private parties,
and other such similar functions held at the Golf Club.
"Catering Services" shall mean the goods and services arising from, in connection with,
or incident to Catering, including planning, coordination , delivery and execution of pre-
arranged Catering functions or events .
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Management of Food & Beverage and
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"City" shall have the meaning set forth in the preamble to this Agreement, and shall be
the City of Palm Beach Gardens (or its designee) or an assignee or other successor of
the City, who is the person that is the holder of exclusive rights to grant to others the right
to conduct the Services at the Golf Club.
"City Council" shall mean the City Council of Palm Beach Gardens, Florida, a public body
and a political subdivision of the State of Florida.
"City Equipment" shall mean all Equipment at the Golf Club to be used by the Contractor
hereunder for receiving, storing, holding, selling, and/or vending Food and Beverage
Services; for preparing, cooking, and serving Food and Beverage Services; washing
equipment; all inventory control security and surveillance equipment; telephones and
telecommunications equipment; menu boards and signage; lifts, loaders, and transports;
all bar and beverage equipment; all refrigeration equipment, coolers, and walk-ins; all
mobile stands; and all POS Equipment. Office Equipment is specifically excluded from
this definition, unless any office Equipment was purchased or supplied by the City. If
office Equipment was purchased or supplied by the City, it shall be City Equipment, and
the Contractor shall have no claim to such office Equipment.
"City's Designee" shall mean the person(s) named by the City as its contract
administrator/liaison for this Agreement. The use of the term "City" shall also refer to the
City's Designee in the operation and interpretation of this Agreement.
"Claims" shall mean any claim, demand, or dispute relating to or arising in connection
with this Agreement, including (i) any claim relating to or arising out of the provision of
any Services under this Agreement, and (ii) any environmental complaint.
"Commencement Date" shall be the date the Contractor begins offering Food and
Beverage Services at the Golf Club, or such other date as mutually agreed upon by the
Parties .
"Consent" shall mean (i) with respect to the City, the written Consent of an authorized
representative of the City, and (ii) with respect to the Contractor, the written Consent of
its business manager or an officer of the Contractor. To the extent that any Consent to
proposed action is required hereunder, the party whose Consent is sought shall not
unreasonably withhold, delay, or condition its Consent, and shall give full consideration
to the views and financial needs of the other party and service level standards for other
first-class golf clubs of similar age, design, and Facilities. A Consent shall not be an
amendment to this Agreement. The Contractor acknowledges and agrees the City's
Designee shall have no power or authority to amend this Agreement.
"Contractor" shall have the meaning set forth in the preamble to this Agreement, and shall
be GCF Enterprises, LLC (or its designee) or an assignee or other successor of the
Contractor, who is the person that is the holder of exclusive rights, under this Agreement,
to provide the Services at the Golf Club.
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"Contractor's Staff'' or "Contractor's Subcontractors" shall mean those workers,
employees, individuals, or companies hired directly by the Contractor to provide the
Services under the Agreement. Such persons or firms are independent contractors and
are not employees of the City.
"Damages" shall mean any loss, liability, claim, damage, cost, and expense, including
costs of investigation and defense and reasonable attorneys' fees, whether the action is
for money Damages or for equitable or declaratory relief.
"Effective Date" shall be the date upon which this Agreement is executed by both Parties.
"Equipment" shall mean all City Equipment, POS Equipment, Smallwares, promoted
equipment, and all other Equipment used in connection with the Services with respect to
storage, preparation, cooking, serving, holding, transport, and sales. Except as
specifically set forth in this Agreement, all Equipment hereunder shall be the property of
the City.
"Facilities" shall mean the present and future Sandhill Crane Golf Club (in or immediately
outside the Golf Clubhouse) at which Food and Beverage Services are prepared and/or
delivered, including beverage carts, mobile stands, and any tented area or party area.
"Fees and Charges" shall mean the annual rates or rent fees proposed by the Contractor
and approved by the City through the Budget process for the cost of Services, which is
charged in conjunction with the utilization of the Facilities by the public.
"Fiscal Year" shall mean from October 1 of one year to September 30 of the next year, or
portion thereof, that is used by the City to budget for its financial responsibilities.
"Food and Beverage Facilities" shall mean the areas of the Golf Club, wherever located,
where Food and Beverage Operations are rendered.
"Food and Beverage Operations" shall mean the goods and services associated with
Food and Beverage Services that are sold in areas of the Golf Club, including the
restaurant, pub, or banquet hall that are accessible to all patrons of the Golf Club.
"Food and Beverage Services" shall mean all food and all alcohol and non-alcohol
beverage products sold and/or distributed at the Golf Club, including, but not limited to,
meals, snacks, confections, candies, and all other food products.
"Golf Club or Property" shall mean the entire Sandhill Crane Golf Club property.
"Golf Club Site" shall mean the real property, rights, easements, and access areas
associated with the site plan and includes the site of the golf clubhouse and Golf Club
infrastructure.
Page 4 of 24
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Management of Food & Beverage and
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"Gross Sales" shall mean the total amount of money and other sales consideration
received or charged by the Contractor, its agents, and subcontractors for all items sold
and Services provided that arise from, in connection with, or incident to, without limitation,
concessions, Food and Beverage Operations and Catering under or pursuant to this
Agreement, less only (i) retail Sales Taxes and other direct taxes imposed upon receipts
collected from the consumer, (ii) Services Charges, as per industry standards, and only
to the extent that such Services Charges are in fact remitted to the Contractor's Staff, and
(iii) Food and Beverage Services consumed by the City, at a reduced price or without
charge.
"Injunction" shall mean any and all writs, rulings, awards, directives, Injunctions (whether
temporary, preliminary, or permanent), judgments, decrees or other Orders adopted,
enacted, implemented, promulgated, issued, entered, or deemed applicable by or under
the authority of any governmental body or arbitrator.
"Inspections" shall mean the physical review of areas utilized by the Contractor by local
or state authorities or the City.
"Licensing" shall mean all required Licensing by local and state authorities for the
operation of the Food and Beverage Facilities.
"Office Equipment" shall mean furniture, personal computers and peripherals, and time
clocks belonging to the Contractor; provided, however, if any office Equipment was
purchased or supplied by the City, it shall be deemed to be City Equipment hereunder.
"Order" shall mean any judgment, award, decision, consent decree, Injunction, ruling,
writ, or Order of any governmental body or arbitrator that is binding on any person or its
property under Applicable Law.
"Parties" shall mean the entities described in the preamble as the executors of this
Agreement.
"POS" shall mean "point of sale."
"POS Equipment" shall mean all POS Equipment and systems, registers, cash drawers
and related computer hardware, peripherals, and software.
"Resident" shall mean persons or businesses who live or operate a business within the
incorporated limits of the City.
"Sales Taxes" shall mean tax on sales, excise taxes, or value-added taxes assessed
against the Contractor's Gross Sales and payable by the Contractor.
Page 5 of 24
Agreement No. A2017-127GF
Management of Food & Beverage and
Cateri ng Operations at Sandhill Crane Golf Club
"Service Charges" shall mean the amount reflected as "Services Charges" or "gratuities"
charged by the Contractor on invoices for Catering sales and food and beverage sales
for events rendered at the Golf Club, including the sale of Food and Beverage Services,
Catering sales, and food and beverage sales.
"Services" shall mean Food and Beverage Operations, Catering Services, concession
services, and other activities of the Contractor pursuant to this Agreement. The rendering
of Services hereunder contemplates the right of the Contractor to prepare, present, sell,
and dispense Food and Beverage Services from and at the facilities and mobile stands .
"Smallwares" shall mean and include, without limitation, linens, and removable serv ing
Equipment, including dishware, china, glassware, flatware, serving bowls, bar utensils,
pots, pans, chafing dishes, kitchen tools of the trade, tabletop appliances, table skirting,
and other movable storage items.
"TIPS" shall mean Training for Intervention Procedures, the training program for the
responsible service, sale, and consumption of alcohol.
"Utilities" shall mean (i) water fit for human consumption, sewage (including permits, fees,
and tap fees), gas, plumbing, and general lighting; (ii) electrical service, sprinkler and fire
safety, telephone and telecommunication and security facilities (but not including
telephone or telecommunications equipment); (iii) piping (including drains and grease
traps for sewage and all lines, drops, and heads for sprinklers), ductwork, grease
extraction ductwork, conduit, wiring (including all electrical panel boards and
transformers), outlets and connections, and mechanicals (as applicable); (iv) heating ,
ventilating, and air conditioning equipment and associated ductwork, fans, and electrical
components ; (v) elevators and escalators; and (vi) all alcohol and non -alcohol beverage
conduit and all chases and drains and electrical lines related thereto.
ARTICLE 2. OPERATING VISION.
The Contractor shall operate the clubhouse Food and Beverage Operations, and Catering
Services in a manner that is upscale casual and contemporary. The City intends for all
operations to be professional and innovative in patron experience, with attention to quality
and detail.
ARTICLE 3. APPOINTMENT OF CONTRACTOR AS MANAGEMENT COMPANY.
A. The Contractor represents that it is an experienced manager and operator of high-
quality Food and Beverage Operations and Catering Services, and understands
that the City is relying on the expertise of the Contractor to operate the Services
designated in a manner that reflects positively upon the City and in a manner that
produces the quality, service elegance, and profitability in a responsible business
manner.
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Management of Food & Beverage and
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B. The City and Contractor agree that collaboration and cooperation is a necessary
element of this Agreement, and that through the start-up process and annual
Budget process, the framework of vision and expectation will be discussed and
developed in the spirit of partnership to allow for the maximum possible flexibility
for the Contractor to operate a fiscally successful business on behalf, and within
the vision, of the City.
ARTICLE 4. GRANT AND SCOPE OF EXCLUSIVE RIGHTS.
A. On the Effective Date, the City hereby grants the Contractor the sole and exclusive
right to supervise and direct the management and operations necessary to render
the Services on behalf of the City, at the Golf Club for the term (as defined), except
as limited by other provisions of this Agreement.
B. This Agreement is not and shall not be construed to be a lease of real estate or
any personal property, and the Contractor shall be estopped from asserting any
such lease or leasehold interest arising from this Agreement.
ARTICLE 5. GENERAL OPERATING GUIDELINES.
A. All Food and Beverage Services sold, dispensed , or kept for sale by the Contractor
shall be of the highest quality consistent with the highest standards of publicly
owned golf clubs, and shall conform in all respects to all Applicable Laws.
B . Prices charged by the Contractor shall be market-driven through research and
reasonably commensurate with those charged for similar products and services at
comparable golf clubs, restaurants, and Catering facilities in the local market. It is
the intention of the City that the Services outlined in this Agreement, after the initial
start-up period, be revenue-producing for the City and Contractor.
C. The Contractor's Staff shall be neat and clean in appearance and shall be
courteous toward the patrons, the public, the City's contractors, and their fellow
staff.
D. The Contractor's operations shall always be conducted in a clean and sanitary
manner and must meet the standards set by local and state health agencies.
E. The Contractor and its agents, subcontractors, and representatives shall conduct
operations at the Golf Club to promote the City's business, enhance the appeal of
the Golf Club to patrons, and assist the City in creating an atmosphere that is
inviting to patrons.
Page 7 of 24
ARTICLE 6. CITY RESPONSIBILITIES.
Agreement No. A2017-127GF
Management of Food & Beverage and
Catering Operations at Sandhill Crane Golf Club
A. Daily and routine janitorial and porter services for all interior and exterior areas of
the Clubhouse and golf property, except the first-and second-floor kitchens,
restaurant, and service patio.
8. Pest control for those areas outlined above, except the first-and second -floor
kitchens, restaurant, and service patio.
C. All general Utilities, except propane service for the kitchen, including back-up
electrical power in the event of electric service loss .
D. Maintenance, structural repair, and routine replacement of building systems
(HVAC, plumbing, electrical, mechanical equipment). This does not include the
repair or routine maintenance of those items listed as the responsibility of the
Contractor.
E. All furniture, fixtures, and Equipment necessary to operate the Food and Beverage
and Catering Services, as determined through mutual agreement.
F. Replacement of Equipment that is at the end of its useful life.
G. Funding of the planned capital improvement and replacement program for
Equipment and Smallwares, as developed jointly and mutually agreed upon by the
City and the Contractor.
H. Fifty percent of the invoice for garbage collection and recycling service .
I. Setting policies that restrict patrons from bringing onto the golf property food and
beverage items, except where a bona fide health reason exists.
J. Coordinating with the Contractor and providers of cable/satellite and audio-visual
services.
K. Applying for and holding the food service and liquor license in joint name of the
City and the Contractor.
ARTICLE 7. CONTRACTOR RESPONSIBILITIES.
A. The daily operation and on-site management of the Food and Beverage and
Catering Services provided on the Golf Club Site .
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Agreement No. A2017-127GF
Management of Food & Beverage and
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B. Provide the working funding necessary for the start-up operating costs for all
consumables needed for the provision of the Services outlined in this Agreement.
C. Hire and supervise all staff necessary to provide the Services. Provide the
assurance that the staff brought onto the Golf Club Site and working within the golf
clubhouse and related facilities have been background-checked in the following
manner:
i. E-Verify to confirm eligibility for employment.
ii. Nationwide criminal and sexual predator background check .
Personnel provided by the Contractor shall be deemed staff of the Contractor and
shall not for any purpose be considered staff or agents of the City.
The Contractor shall ensure and mandate that all of its employees who are
involved in the serving of alcoholic beverages are properly trained under the
State's "TIPS" Program. The Contractor shall bear sole liability and responsibility
for this training.
D. For the care and cleaning of the food service Equipment and Smallwares. Routine
and preventive maintenance programs for such care are the responsibility of the
Contractor and shall be completed timely and documented . This includes, but is
not limited to, grease trap, fire suppression, and hood cleaning .
E. Perform or opt to pay the City for repairs to any facility component that was
damaged due to the use of the Contractor that the City deems was not due to
normal wear and tear.
F. Pay the regular charg es for the propane gas used to provide the Services.
G. Pay the costs of the removal of material generated by the Services that requires
special handing to conform with disposal laws and ordinances , i.e ., grease.
H. Renewal of applicable Licensing and adherence to all operating requirements as
defined by law, statute , or ordinance.
I. Establish and maintain written policies and procedures that will govern the
operations and the Contractor's Staff's conduct.
J . Fifty percent of the invoice for garbage collection and recycling service .
Page 9 of 24
ARTICLE 8. COMPENSATION AND FEES.
Agreement No . A2017-127GF
Management of Food & Beverage and
Catering Operations at Sandhill Crane Golf Cl1;1b
A. The Base Management Fee shall be Fifteen Thousand Dollars ($15,000) per
month payable to the Contractor from the Gross Sales generated by the provision
of the Services.
The Base Management Fee shall be guaranteed to the Contractor for the Services
performed under this Agreement.
B. The Operations Fee shall be Fifteen Thousand Dollars ($15,000) per month
payable to the City from the net profit generated by the provision of the Services,
to the extent available. This amount shall be paid quarterly, with a true-up
adjustment to be reflected in the payment for the fourth quarter of the City's Fiscal
Year (July 1 through September 30 of each Fiscal Year).
This Operations Fee is payable from the net profit prior to the calculation of the
Profit Share Percentage .
C. The Profit Share Percentage between the City and the Contractor shall be paid
within 30 days of the end of the City's Fiscal Year, as follows:
i. The City shall receive 30 percent; and
ii. The Contractor shall receive 70 percent.
ARTICLE 9. FISCAL REPORTING, RESPONSIBILITIES, AND EXPENSES .
A. The Fiscal Year shall be October 1 to September 30 for the operating components
of the Services.
B. The Contractor shall produce a draft annual Budget and service plan that coincides
with the City's Budget development process for discussion and approval. The City
will notify the Contractor at least 30 days prior to the review period that this
information is expected with due dates.
C. The annual Budget shall include all expenses created directly by the operation and
provision of Food and Beverage Operations, including all labor services and the
replacement of Smallwares that are typically lost throughout a year.
D. The annual Budget shall include a proposed Schedule for Fees and Charges
Schedule for all Food and Beverage Services anticipated at the time to be provided
by the Contractor.
E. The service plan shall include operating hours, staffing plan, and visionary
programs and events that the Contractor is planning.
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F. When an expense exceeds $2,500.00 and has not been reflected in the annual
Budget, the Contractor shall obtain the City's approval prior to the expenditure.
The City agrees not to withhold approval without a reasonable explanation.
G. The Contractor shall include, in addition to other items listed in the annual Budget,
the following specific items:
i. Cleaning of all the food service areas;
ii. Pest control of the kitchens, restaurant, and service patio; and
iii. Fifty percent share of the payment of the renewal of the food and alcohol
service licenses.
H. The Contractor shall be solely responsible for and shall pay all taxes and fees of
any kind or nature to the applicable governmental body arising from the products
or Services that the Contractor provides hereunder, including, but not limited to, all
federal, state and local taxes, workers' compensation payments, unemployment
insurance, payroll, sales and other taxes with respect to Services, and all other
taxes arising from the Contractor's operations hereunder.
I. The City and the Contractor shall conduct monthly profit and loss review meetings
within the first 15 days of the following month, where both Parties shall
collaboratively discuss operations, Budget status, and provide feedback. The
Contractor shall prepare the necessary fiscal information for these meetings.
J. The Contractor shall submit to the City a copy of its annual financial review by an
independent certified public accountant and any requested records within seven
calendar days of a written request from the City. The Contractor shall keep
accurate and complete books and records for the provisions of services in
accordance with generally accepted accounting principles and shall retain these
records for seven years.
K. As part of the annual audit, the Contractor shall perform a physical inventory of all
goods and Equipment related to the provision of the Services and provide the City
with a copy of the report .
L. The Contractor shall establish purchasing procedures, agreements, and operating
accounts/sources in its own name without involvement of the City.
ARTICLE 10. SECURITY.
The City shall provide a security alarm and monitoring system. The Contractor shall follow
all policies and procedures that govern the security of the Golf Club Site, including, but
not limited to:
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A. Securing the Food and Beverage Facilities daily utilizing the systems provided by
the City;
B. The security and movement of the Contractor's monies to and from the Golf Club;
and
C . Providing the supervision and security of the Food and Beverage Facil it ies that fall
within the scope of Services.
The City will be responsible for securing the pro shop and golf course areas daily.
ARTICLE 11 . MARKETING.
The City and the Contractor shall work cooperatively on a market ing plan for the Golf
Club. The cost of marketing programs, including printed material (menus , mailings, etc.)
that directly benefit the Services provided by the Contractor, shall be a budgeted item in
the Operating Budget for the Golf Clubhouse Food and Beverage Operations. Those
marketing programs costs that relate to the Golf Club will be borne by t he City. At any
time should the Contractor and the City see the benefit in a joint marketing program,
expenses and the payment of such will be mutually agreed upon.
ARTICLE 12. CALENDAR AND SCHEDULE OF EVENTS.
The Contractor shall assume the responsibility for the sales and scheduling of private
events, the planning of public food and beverage-related social events, and working
cooperatively with the City on golf-related events and the provision of the Food and
Beverage Services.
The Contractor agrees to collaborate with the City on the Calendar of events, and that
neither the City nor the Contractor shall withhold approval of an event planne d by the
other if it is not detrimental to the other's operationa l responsibility .
During the Budget process each year, the City shall provide the Contracto r a schedule of
activities planned to be held at the Golf Club that need to be calendared .
The Contractor and the City shall cooperate to draw and host golf-related events to the
Golf Club. The City shall be solely responsible for the planning of the golf-related portion
of any event or activity.
The City and the Contractor shall work collaborative ly on the plann ing of four majo r City
events per year. For these events , the Contractor agrees to provide food service at cost
(supplies and labo r) plus 10 percent, and plus Services Charges at ful l retail value. If th e
provision of alcohol is included in the event plans, the same formula shall apply.
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ARTICLE 13. TERM OF AGREEMENT .
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The term of this Agreement (the "Term") shall be from the Effective Date for five years
until September 30, 2022, unless terminated sooner pursuant to the terms herein.
At least 90 days prior to the expiration date of the Agreement, the City shall have the
option, at its sole discretion, to renew the Agreement for two additional five-year periods,
for five years each time, provided the terms and conditions of the new agreement are
mutually agreeable to the Contractor and the City.
ARTICLE 14. WORK PRIOR TO THE COMMENCEMENT DATE.
For purposes of planning, the Contractor shall be available to begin work immediately
upon selection by the City on, and continuously after, the Effective Date . The Contractor
shall immediately begin the planning, coordination, hiring, and management of the
Services to be provided hereunder and for the fulfillment of all of the obligations of the
Contractor hereunder.
ARTICLE 15 . INSURANCE.
The Contractor shall not commence any performance pursuant to the terms of this
Agreement until certification or proof of insurance has been received and approved by
the City's Risk Management Coordinator or designee.
The required insurance coverage is to be issued by an insurance company authorized
and licensed 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 that provide that the City of
Palm Beach Gardens shall be notified at least 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, that
indicate less coverage than is required , does not constitute a waiver of the Contractor's
obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to
the City of Palm Beach Gardens.
The Contractor shall submit a current Certificate of Insurance, naming the City of Palm
Beach Gardens as an additional insured on a primary and non-contributory basis with
respect to both ongoing and completed operations and list as such on the insurance
certificate. New certificates of insurance shall be provided to the City upon expiration.
The Contractor shall provide insurance coverage as follows, and shall carry:
A. Workers' Compensation Insurance -as required by law.
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B. Employer's Liability Insurance
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Bodily Injury by Accident -$100,000 Each Accident
Bodily Injury by Disease -$500,000 Policy Limit
Bodily Injury by Disease -$100,000 Each Contractor
C. Comprehensive General Liability Insurance -$1,000,000 per occurrence
combined single limit for Bodily Injury Liability, Personal/Advertising Injury,
Property Damage Liability, Damage to Rented Premises, Products/Completed
Operations Liability, and Liquor Liability. Contractual coverage for hold harmless
and indemnification provisions applicable to any resulting agreement is required.
D. Automobile Liability Insurance -for owned, non-owned, and hired vehicles -
$300,000 per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability.
E. Liquor and Dram Shop Liability -$1,000,000.
If no deductible for insurance is referenced above, the City reserves the right to
require such deductibles that shall be determined by its Risk Management
Coordinator, but not more than $25,000 per claim.
It is hereby agreed and understood that the insurance requirements set forth above shall
not be construed as a limitation of any potential liability on behalf of the Contractor. It is
further agreed and understood that that the insurance requirements specified above may
be amended from time to time during the term of this Agreement at the sole and
reasonable discretion of the City. If the aggregate limits in the above policies are
exhausted by the payment of Claims or defense costs, the Contractor shall purchase
additional insurance to restore the required limits.
The Contractor shall bear all costs of all deductibles and retentions, and shall remain
solely and fully liable for the full amount of any damage not compensated by insurance.
The amounts of coverage required under this Article shall be reviewed by the Parties
periodically, not less often than every two years, and shall be changed following such
review to amounts determined by the Parties to include additional or different coverages
and/or be increased to be commercially reasonable. At its cost and expense, the review
shall be conducted by an insurance broker, consultant, or other insurance expert chosen
by the City, in its capacity as owner of the Golf Club. Provided they are commercially
reasonable, the recommendations and conclusions of such insurance expert shall be
adopted by the Parties in establishing the types and amounts of coverages hereunder.
If the Contractor fails or refuses to procure or maintain the insurance required by this
Agreement or to comply with any reasonable loss control measure recommended by any
insurer, after notice to the Contractor, the City shall have the right, at its election, to
procure and maintain such insurance or to perform any loss control recommendation, in
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which event, any amounts paid by the City on behalf of the Contractor to comply with loss
control recommendations shall be due and payable by the Contractor to the City on the
first day of the month following the date on which such cost was paid . The City shall give
the Contractor notice of such payment within ten business days of such payment stating
the amount of such payment.
ARTICLE 16. LIABILITY AND INDEMNIFICATION.
The Parties recognize that the Contractor is an independent contractor and not an agent
or servant of the City. Each party shall indemnify, defend, and hold harmless (the
"lndemnitor") the other party and its officers, employees, agents, and instrumentalities
from any and all liabilities, losses, or Damages, including attorney's fees and cost of
defense that 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 this Agreement by the lndemnitor or their respective employees, agents,
servants, partners, principals, or subcontractors. The other party shall reasonably
cooperate with the lndemnitor in connection with the lndemnitor's obligations under this
section. The lndemnitor 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 other party, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney's fees that may be incurred thereon. Except for breach by either
party, neither party shall be liable to the other for any indirect, special , incidental,
exemplary, reliance, punitive, or consequential Damages arising out of or relating to this
Agreement. Each party expressly understands and agrees that any insurance protection
required by this Agreement or otherwise shall in no way limit the responsibility to
indemnify, defend, and hold harmless the other party or its officers, employees, agents,
and instrumentalities as herein provided. This Article shall survive the term of this
Agreement.
Regardless of the foregoing, the indemnification herein by the City is limited to and by
Section 768.28, Florida Statutes, regardless of whether such action arises in tort or
contract.
ARTICLE 17. PERFORMANCE BOND .
Within ten days after the Effective Date, the Contractor shall execute and deliver to the
City a Performance Bond in an amount of Ninety Thousand Dollars ($90 ,000), payable to
the City, as surety for faithful performance under the terms and conditions of the
Agreement.
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The required Bond must be executed by a surety company of recognized standing ,
authorized to do business in the State of Florida , and having a Resident agent. The Bond
may not be canceled , terminated , or revised unless the City has been provided with 30
days' advanced written notice of such action by the surety. The surety must insert the
registered agent to accept service of process in the State of Florida directly on the Bond
document.
Acknowledgement and agreement is given by both Parties that the Performance Bond
does not limit the liability of the Contractor to the City in the event of a material breach of
the Agreement. The Bond may be used to recover liquidated Damages on behalf of the
City. Such bond shall remain in full force and effect for a period of the term of this
Agreement plus one year.
ARTICLE 18. TERMINATION BY CITY.
The City shall have the right to terminate this Agreement if any of the following shall occur.
A If the Contractor at any time is in default of its material obligations (other than
payment obligations) under this Agreement , and such default persists for 30 days
after written notice thereof is given by the City, or if such default cannot be cured
within 30 days, or such time as may be reasonably necessary to cure so long as
the Contractor is diligently prosecuting to cure but not to exceed an additional 30
days;
B. If the Contractor fails to pay to the City any amounts due or any other undisputed
amounts required to be paid hereunder when due and such failure to pay persists
for ten business days after written notice thereof;
C. The filing by or against the Contractor of a bankruptcy, insolvency, receivership ,
reorganization or arrangement proceeding, or the initiation of any similar type of
proceeding (if involuntary, the same not having been dismissed after 60 days from
the date of filing), or if the Contractor shall be unable or unwilling to pay its debts
when due; or
D. Any breach in any material respect of any representation or warranty made by the
Contractor.
ARTICLE 19 . TERMINATION BY CONTRACTOR.
The Contractor shall have the right to terminate this Agreement if any of the following
shall occur:
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A. If the City at any time is in default of its materia l obligations (other than payment
obligations) under this Agreement, and such default persists for 30 days after
written notice thereof is given by the Contractor, or if such default cannot be cured
within 30 days, or such time as may be reasonably necessary to cure so long as
the City is diligently prosecuting to cure, but not to exceed an additional 30 days ;
B. If the City fails to pay to the Contractor any undisputed amounts required to be
paid hereunder when due and such failure to pay persists for ten business days
after written notice thereof;
C. The filing by or against the City of a bankruptcy , insolvency, receivership ,
reorganization or arrangement proceeding, or the initiation of any similar type of
proceeding (if involuntary, the same not having been dismissed after 60 days from
the date of filing), or if the City shall be unable or unwilling to pay its debts when
due;or ·
D . Any breach in any material respect of any representation or warranty made by the
City.
ARTICLE 20 . NOTICE REQUIREMENTS FOR TERMINATION .
This Agreement may be terminated by the City, with or without cause , upon providing 90
days' prior written notice to the Contractor. This Agreement may be terminated by the
Contractor upon 90 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 performed through the date of termination
in accordance with the terms of this Agreement. In the event funds are not appropriated
for this Agreement by the City Council , this Agreement shall terminate w ithout penalty on
October 1st of the year in which the non -appropriation event occurs. After that date, this
Agreement becomes of no effect and is null and void . Non-appropriation or non-funding
shall not be considered an event of default.
ARTICLE 21 . WINDING-UP AND COOPERATION .
If this Agreement expires or is otherwise terminated , the Parties shall promptly and
cooperatively work together in the process of winding -up of the Contractor's Services
under this Agreem e nt, including (i) notification of staff, subcontractors, vendors , suppliers,
and all others having contractual or other arrangements with respect to Services rendered
pursuant to this Agreement at the Golf Club Site; (ii) completion of all calculations and
schedules for reconciliations , inventory, accounting , Claims , and payments arising under
this Agreement; and (iii) transition , as applicable , to any third party that will take over the
Services . The City and the Contractor shall use best reasonable commercial efforts to
complete and con structively coope rate in the winding -up process as expe ditiously as
possible .
Page 17 of 24
ARTICLE 22 . DUTIES UPON TERMINATION.
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Upon termination, the Contractor shall be required to:
A. Vacate the Facilities and leave the Facilities and all Equipment in good operating
condition. The Contractor shall not have the right to remove any capital
improvements, City Equipment, or other assets or property belonging to the City
or any of their respective agents or representatives; and
B. Remove all trash, stacks of material, supplies, tools, etc., belonging to the
Contractor or its agents. Costs of such removals and restoration shall be borne by
the Contractor. If such trash, stacks of materials, supplies, tools, etc., placed on
the Facilities by the Contractor or its agents have not been removed by the
Contractor within 14 days of the date of termination, it will be the option of the City
to remove the same at the Contractor's cost, risk and expense or to retain or
dispose of the same or any part thereof, without payment or reimbursement to the
Contractor, unless other arrangements have been made in writing, between the
City and the Contractor with regards to the removal thereof.
ARTICLE 23. SURRENDER AND DELIVERY.
Upon the expiration or termination date of this Agreement, whichever is earlier, the
Contractor shall surrender the Golf Club and promptly deliver to the City all keys the
Contractor and any of its officers, agents, and subcontractors have to the Golf Club or
any other part of the Golf Club.
ARTICLE 24. REMEDIES.
A. Opportunity to Cure.
Notwithstanding any other provisions in this Agreement, the City will allow the
Contractor at least 30 calendar days to cure any deficiency in the provision of the
Services, subsequent to the provision of written notice to the Contractor regarding
the deficiency. Except in an event of Termination for Cause, the Contractor shall
be allowed to use the 30 calendar day period as an Opportunity to Cure the
deficiency.
B. Remedies Upon Default.
Upon the occurrence of any of the event of default, and following any applicable
cure period, then in addition to any other rights and remedies that either party may
have hereunder, at law, in equity, or otherwise, the non-defaulting party may
declare this Agreement terminated and recover Damages permitted by Applicable
Law and/or seek specific performance or other injunctive or equitable relief.
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C. Termination Payments.
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If this Agreement expires or is terminated at any time by either Party for any reason
other than the uncured default of the Contractor, the City shall remit to the
Contractor the sum of any invoices that remain unpaid by the City (such amounts
collectively being referred to as the "Termination Payment"). The payment of the
Termination Payment shall not constitute a waiver by the City of any remedies
otherwise available to the City, including, but not limited to, the right to recover
Damages or to seek specific performance.
ARTICLE 25. NOTICES.
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, mailed by registered or certified mail (postage prepaid), return
receipt requested, or delivered by overnight courier to the following addresses:
As to the City:
With a copy to:
As to the Contractor:
B. Entire Agreement.
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Facsimile: (561) 799-4111
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn : City Attorney
Email : maxlohman@pbgfl.com
GCF Enterprises, LLC
11401 Northlake Boulevard
Palm Beach Gardens, Florida 33412
Attn: Thomas J . Curry
Email: tcurry61@yahoo.com
This Agreement constitutes the entire understanding and agreement between the
Parties with respect to the subject matter hereof. Accordingly, this Agreement may
only be modified by mutual written Consent of the Parties through an amendment,
purchase order, or change order, as appropriate .
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C. Binding Effect.
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All of the terms and provisions of this Agreement, whether so expressed or not,
shall be binding upon, inure to the benefit of, and be enforceable by the Parties
and their respective legal representatives, successors, and permitted assigns.
D. Assignability.
This Agreement may not be assigned without the prior written Consent of all
Parties to this Agreement.
E. Severability.
If any part of this Agreement 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.
F. Governing Law and Venue.
This Agreement and all transactions contemplated by this Agreement shall be
governed by and construed and enforced in accordance with the laws of the State
of Florida without regard to any contrary conflicts of law principle. Venue for 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.
This Agreement shall not be construed against the party who drafted the same as
all Parties to this Agreement have had legal and business experts review the
adequacy of the same.
G. 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.
H. Construction.
The Parties acknowledge that each has shared equally in the drafting and
preparation of this Agreement, and accordingly, no Court or Administrative Hearing
Officer construing this Agreement shall construe it more strictly against one party
than the other, and every covenant, term, and provision of this Agreement shall be
construed simply according to its fair meaning.
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I. Attorney's Fees .
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It is hereby understood and agreed that in the event any lawsuit in the judicial
system, federal or state, is brought to enforce compliance w ith this Agreement or
interpret same, or if any administrative proceeding is brought for the same
purposes, each party shall bear its own attorney's fees and costs, includ ing
appellate fees and costs.
J. Equal Opportunity.
The City and the Contractor agree that no person shall, on the grounds of race,
color, gender, national origin, ancestry, marital status, disability, religion, creed, or
age, be discriminated against in the performance of this Agreement.
ARTICLE 26. ACCESS AND AUDIT OF RECORDS .
The City reserves the right to require the Contractor to submit to an audit by an auditor of
the City's choosing at the Contractor's expense. The Contractor shall provide, at its place
of business during regular business hours, access to all of its records that relate directly
or indirectly to this Agreement. The Contractor shall retain all records pertaining to this
Agreement, and upon request make them available to the City for ten years following
expiration of this Agreement. The Contractor 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.
ARTICLE 27. OFFICE OF THE INSPECTOR GENERAL.
Palm Beach County has established the Office of the Inspector General that is authorized
and empowered to review past, present, and proposed City programs, contracts,
transactions, accounts, and records . The Inspector General (IG) has the power to
subpoena witnesses, administer oaths, require the production of records, and mon itor
existing projects and programs. The IG may, on a random basis, perform audits on all
City agreements.
ARTICLE 28. PUBLIC RECORDS.
Pursuant to Chapter 119, Florida Statutes, the Contractor shall comply with the public
records law by keeping and maintaining public records required by the City of Palm Beach
Gardens in order to perform the Services. Upon request from the City of Palm Beach
Gardens' custodian of public records, the Contractor shall provide the City of Palm Beach
Gardens with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law. The Contractor shall
ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Term and following completion of the Agreement. Upon completion of th e Agreement,
the Contractor shall transfer, at no cost, to the City of Palm Beach Gardens all public
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records in possession of the Contractor or keep and maintain public records required by
the City of Palm Beach Gardens in order to perform the Services. If the Contractor
transfers all public records to the City of Palm Beach Gardens upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the Agreement, the Contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City of Palm Beach Gardens, upon request from
the City of Palm Beach Gardens' custodian of public records , in a format that is compatible
with the information technology systems of the City of Palm Beach Gardens.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT THE OFFICE OF THE CITY CLERK LOCATED AT 10500 NORTH
MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410, PHONE
NUMBER 561.799.4122, EMAIL ADDRESS: PSNIDER@PBGFL.COM .
ARTICLE 29 . OTHER FORMS OR DOCUMENTS .
If the City is required by the Contractor to complete and execute any other forms or
documents in relation to this Agreement, the terms, conditions, and requirements in this
Agreement shall take precedence to any and all conflicting or modifying terms, conditions,
or requirements of Contractor's forms or documents .
ARTICLE 30. PUBLIC ENTITY CRIME STATEMENT.
The Contractor acknowledges the existence of Section 287.133(2)(a), Florida Statutes
("Public Entity Crimes Act"), which provides, in part, that a person or affiliate who has
been placed on the Convicted Vendor List following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the City; may not
submit a bid on a contract with the City for the construction or repair of a public building
or public work; may not submit bids on leases of real property to the City; may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with the City; and may not transact business with the City in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a
period of 36 months from the date of being placed on the Convicted Vendor List. Violation
of this Section by the Contractor shall result in termination of this Agreement by the City
without penalty.
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ARTICLE 31. DRUG-FREE WORKPLACE.
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Execution of this Agreement by the Contractor shall serve as the Contractor's certification
that it either has or that it will establish a drug-free workplace consistent with Chapter
112.0455, Florida Statutes.
ARTICLE 32. CONFLICTS.
A. Neither the Contractor, its staff, nor its subcontractors shall have or hold any
continuing or frequently recurring employment or contractual relationship that is
substantially antagonistic or incompatible with the Contractor's loyal and
conscientious exercise of judgment related to its performance under this
Agreement.
B. The Contractor agrees that none of its staff or subcontractors shall, during the term
of this Agreement, serve as an adverse or hostile expert witness against the City
in any legal or administrative proceeding in which he or she is not a party, unless
compelled by court process, nor shall such persons give sworn testimony or issue
a report or writing, as an expression of his or her opinion, which is adverse or
prejudicial to the interests of the City in any such pending or threatened legal or
administrative proceeding. The limitations of this Article shall not preclude such
persons from representing themselves in any action or in any administrative or
legal proceeding regarding this Agreement.
C. In the event the Contractor is permitted to utilize subcontractors to perform any
services required by this Agreement, the Contractor agrees to prohibit such
subcontractors, by written contract, from having any conflicts as within the meaning
of this Article .
ARTICLE 33. EMERGENCIES.
In the event of an emergency affecting the City of Palm Beach Gardens, the Contractor
shall make the necessary preparations, in collaboration with the City's Emergency
Management Division, to provide necessary food service to the City's public safety staff.
In the event of an emergency resulting in the activation of the City's Emergency
Operations Center (EOG), the Contractor shall provide necessary food service to the City
staff that have been activated and stationed at the EOG and other locations. The City
shall reimburse the Contractor for the food service provided during such emergencies.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
hereinabove first written .
CITY OF PALM BEACH GARDENS, FLORIDA
By : _______________ _
Maria G . Marino, Mayor
ATTEST:
By: ____________ _
Patricia Snider, CMC, City Clerk
GCF ENTERPRISES, LLC
WITNESSES:
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CITY OF PALM BEACH GARDENS
PURCHASE AWARD TRANSMITTAL
It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper
of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage, Vendors 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: Piggyback/Access Contract
TITLE: Infrastructure Work for Public Safety Training
Complex
DATE ADVERTISED: Not applicable
WAS SOLICITATION OPENLY COMPETED? Yes
FUNDING ACCOUNT INFORMATION:
303.1200.522.6900
CONTRACT TERM: Upon Completion
OPTIONS TO RENEW: None
VENDOR(S): D.S. EAKINS CONSTRUCTION CORPORATION
CONTRACT NO.: A2017-128PS
DEPARTMENT: Parks and Public Facilities
BIDS/PROPOSALS DUE DATE: Not applicable
RESPONSES RECEIVED: Not applicable
ANNUAL CONTRACT VALUES:
Year One: $250,000
Year Two: N/A
TOTAL CONTRACT VALUE: Not to Exceed $250,000
Two Hundred Fifty Thousand Dollars
BACKGROUND: The City has leased land from Seacoast Utility Authority to construct a public safety training complex for the Police
and Fire Rescue Departments. The project includes installation of fire hydrants, a fire apparatus drafting pit, burn props, K-9
training props, and storage containers. The new facilities will allow the public safety departments to train K-9 units, conduct live
fire simulations and fire pump operations, and other police and fire-fighting activities. The premises require certain infrastructure
work to make the area suitable for use . This Agreement accesses the City's own Annual Public Works Contract No. ITB2014-
031PW, and is awarded to the vendor offering the lowest unit pricing.
COMMENTS: D S. Eakins Construction Corporation has been performing many public works projects for the City for more than a
decade. The firm is familiar with the City's requirements, and City staff has no concerns about the contractor's abilities to perform
the work required in this Agreement.
Originator Angela Brown
Department Head David Reyes
Purchasing Km! Ra
Finance Allan Owens
;r APPROVED 0 DEFERRED
CITY DATE
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The City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
AGREEMENT
FOR
INFRASTRUCTURE WORK FOR PUBLIC SAFETY TRAINING COMPLEX
AGREEMENT NO. A2017-128PS
THIS AGREEMENT is made and entered into this __ day of , 2017
(the "effective date") by and between the City of Palm Beach Gardens, a Florida municipal
corporation (hereinafter referred to as the "City"), whose address is 10500 North Military Trail ,
Palm Beach Gardens, Florida 33410, and D.S. Eakins Construction Corporation, a Florida
corporation (hereinafter referred to as the "Contractor"), whose principal address is 1481 Kinetic
Road, Lake Park, Florida 33403.
WHEREAS, the City awarded a competitively solicited Contract to the Contractor and
several other of contractors, as a pool of vendors, for Miscellaneous Public Works Projects under
ITB2014-031 PW, which is attached hereto and incorporated herein as Exhibit "A"; and
WHEREAS, the term of the Contract is effective through January 31, 2018; and
WHEREAS, the City wishes to take the opportunity to access this Contract to take
advantage of the lowest rates and pricing and the inherent administrative efficiencies; and
WHEREAS, the City desires to retain the services of the Contractor, under the terms of
Exhibit "A", to perform certain works related to the provision of Infrastructure Work for the Public
Safety Training Complex (the "Project"), at the premises known internally as the Hilltop/Richard
Road Site, in accordance with the City's Detailed Drawings and Plans and the Contractor's
Proposal, attached hereto and incorporated herein as Exhibit "B", inclusive of all drawings and
exhibits to this Project.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter
set forth, the Contractor and the City agree as follows:
Page 11 of 42
ARTICLE 1 DEFINITIONS
City of Palm Beach Gardens
Agreement No . A2017-128PS
Infrastructure Work for Public Safety Training Complex
For the purposes of this Agreement and the various covenants, conditions, terms, and
provisions that follow, the Definitions set forth below are assumed to be true and correct and are
agreed upon by the parties.
1.1 CHANGE ORDER: A written document ordering a change in the contract price or
time or a material change in the work issued subsequent to this Agreement, as
determined by the Project Manager.
1.2 CITY: The City of Palm Beach Gardens, a Florida municipal corporation.
1.3 CONSUL TANT: A registered architect, professional engineer, professional land
surveyor, civil engineer, and/or registered landscape architect who has contracted
with or who is employed by the Contractor to provide professional services for the
design or construction of the Project and who is licensed by the State of Florida to
provide said services . ·
1.4 CONTRACT: This Agreement between the City and the Contractor for this Project ,
all as defined herein. As used herein, the term Contract shall mean the same as
Agreement.
1.5 CONTRACT DOCUMENTS: The Contractor's proposal, including plans,
specifications, drawings, and/or other written or graphic materials that are to be
developed by the Consultant as part of the record of this Agreement, this
Agreement, the performance and payment bond, the design documents, the
construction documents, the Notice to Proceed, the Purchase Order, and any
additional documents the submission of which are required by this Agreement.
1.6 COUNCIL: The City Council, which is the governing body of the City of Palm
Beach Gardens, Florida.
1.7 CONTRACTOR: D.S. Eakins Construction Corporation is the Contractor selected
to perform the work pursuant to this Agreement, and is the person, firm/entity, or
corporation primarily liable for the acceptable performance of and payment of all
legal debts pertaining to the Project. All references in the Contract Documents to
third parties under contract or control of the Contractor shall be deemed to be a
reference to the Contractor. The Contractor shall be responsible for the provision,
installation, and performance of all equipment and materials, and the Contractor is
in no way relieved of the responsibility for the performance of all equipment
furnished.
1.8 DESIGNATED REPRESENTATIVE: An authorized representative of the
Contractor assigned to represent the Contractor on this Project.
Page 12 of 42
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
1.9 FIELD ORDER: A written order issued by the Project Manager, which orders minor
changes in the Project but which does not involve a change in the total cost or time
for performance.
1.10 FINAL COMPLETION: The date certified by the City that all work is fully and finally
complete under this Agreement.
1.11 INSPECTOR: An authorized representative of the Consultant assigned to make
necessary inspections of materials furnished by the Contractor and of the work
performed by the Contractor.
1.12 MATERIAL: Materials incorporated in this Project or used or consumed in the
performance of the work.
1.13 NOTICE OF COMPLETION: The date certified by the Consultant that all
conditions of the permits and regulatory agencies have been met, all construction,
. reconstruction, or rehabilitation, including corrective work, has been performed; all
administrative requirements of the Contract Documents have been completed; and
the City has received from the Contractor a release of all liens, release of surety,
certificate of indemnification by the Contractor, release of claims by the Contractor,
and corrected as-built drawings.
1.14 NOTICE TO PROCEED: A written Notice to Proceed issued by the Project
Manager.
1.15 PLANS AND/OR DRAWINGS: The official graphic representations of this Project
which, upon written approval of the Project Manager, shall become a part of the
Contract Documents, as well as the preliminary plans and drawings and renderings
of the Project and the preliminary outline specifications and plans for the design-
build services for the Project, which shall be prepared by the Contractor and shall
be made a part of the Contract Documents upon approval by the Project Manager.
The plans and specifications shall include the design development documents and
construction documents to be approved by the Project Manager as provided in this
Agreement.
1.16 PROJECT: The Project is the construction of certain infrastructural works at the
City's proposed Public Safety Training Facility, at the Hilltop/Richard Road Site, as
described in and in accordance with the Contract Documents, complete with all
appurtenances required to perform the work, including, without limitation,
construction services and labor, materials, and equipment necessary or used or
incorporated in the construction, in accordance with the Contract Documents and
as is required or reasonably inferred from them. The Project includes the work,
services, and labor, and the goods, materials, tools, supervision, and equipment
to be provided, and the cleanup, removal, and disposal of all debris, trash, and
other material so as to leave the facilities in a clean and ready-to-use condition.
Page 13 of 42
City of Palm Beach Gardens
Agreement No . A2017-128PS
Infrastructure Work for Public Safety Training Complex
1.17 PROJECT INITIATION DATE: The date upon which the contract time
commences.
1.18 PROJECT MANAGER: Unless otherwise explicitly stated all contract duties,
contract responsibilities, and contract communications of the City shall be made
through the City's Engineer. The foregoing sentence shall not apply to the City
construction inspections made to assure compliance with applicable regulatory law
and which the City conducts in a governmental regulatory capacity.
1.19 SUBCONTRACTOR: The person, contractor, or corporation having a direct
contract with the Contractor, including one who furnishes material worked to a
special design according to the Contract Documents for this Project, but does not
include one who merely furnishes material not so worked.
1.20 SUBSTANTIAL COMPLETION: The date certified by the City that all conditions
of the permits and regulatory agencies have been met, and all construction,
reconstruction, or rehabilitation (except minor corrective work) has been performed
in accordance with the Contract Documents, and the site is able to be used for its
intended use .
1.21 SURETY: The surety company or individual that is bound by a contract bond with
and for the Contractor who is primarily liable, and which surety company or
individual is responsible for the Contractor's acceptable performance of the work
under the contract and for the payment of all debts pertaining thereto per Section
255.05, Florida Statutes.
ARTICLE 2 INTENTION OF THE CITY
2.1 It is the intent of the Contract Documents to describe a functionally complete
Project to be constructed by the Contractor in accordance with the Contract
Documents. Any work, materials, or equipment that may reasonably be inferred
from the Contract Documents as being required to produce the intended result
shall be supplied whether or not specifically called for. When words that have a
well-known technical or trade meaning are used to describe work, materials, or
equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals, or codes of any technical society,
organization , or association, or to laws or regulations of any governmental
authority, whether such reference is specific or by implication, shall mean the
standard specification, manual, code, laws, or regulations in effect at the time of
the date of the execution of this Agreement.
ARTICLE 3 CONTRACT DOCUMENTS
3.1 The Contract Documents shall be followed in strict accordance as to work,
material, and dimensions, except when the Project Manager may authorize an
exception in writing .
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City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
3.2 Dimensions given in figures are to hold preference over scaled measurements
from the drawings; however, all discrepancies shall be decided upon by the Project
Manager. The Contractor shall not proceed when in doubt as to any dimension or
measurement but shall seek clarification from the Project Manager.
3.3 The Contractor shall maintain four (4) copies of the Contract Documents, two (2)
of which shall be preserved and always kept accessible to the Project Manager or
his/her authorized representative.
3.4 This Contract incorporates by reference, and in the following order of authoritative
precedent, the following documents:
3.4.1. The Contract and the Plans and Specifications, including those prepared
by the City for construction and planning purposes; and
3.4.2. The Contractor's proposal, including any addenda or revisions.
ARTICLE 4 OWNERSHIP OF DESIGN MATERIALS AND DOCUMENTS
Intentionally Omitted.
ARTICLE 5 SCOPE OF WORK
5.1 The Contractor hereby agrees to complete the Project described in Exhibit "B",
which is attached hereto and incorporated herein, including furnishing land
surveying, labor, materials, equipment, and other services necessary to perform
all of the work described in Exhibit "B", including any additional drawings and
addenda thereto, to be constructed in accordance with the requirements and
provisions of the Contract Documents.
5.2 The Contractor agrees to meet with the City at reasonable times and with
reasonable notice.
5.3 Intentionally Omitted.
5.4 Prior to the Final Completion of construction services under this Agreement, there
shall be established a record set of plans and specifications, on Mylar, which shall
bear the approval of the Contractor and the Project Manager. In addition, prior to
the commencement of construction services under this Agreement, the Contractor
shall submit to the Project Manager a CPM Schedule for the planning and
execution of the Construction Phase of the Project. The CPM Schedule shall be
updated bimonthly and submitted to the Project Manager as part of each pay
request.
Page 15 of 42
ARTICLE 6 COMPLETION DATE
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
6.1 The Project Manager shall instruct the Contractor to commence the Construction
Phase of the Project by written instructions in the form of a Notice to Proceed or
Purchase Order issued by the Project Manager. The Project shall be commenced
within seven (7) calendar days after the Project initiation date specified in the
Notice to Proceed or Purchase Order. The Notice to Proceed will not be issued
until receipt by the City of all required documents, including a task and delivery
oriented project timeline, and after execution of this Agreement by both parties.
6.2 The Project shall be substantially completed by the Contractor in no later than one
hundred twenty (120) calendar days; final completion shall be one hundred eighty
(180) calendar days. Upon failure of the Contractor to substantially complete the
Project within the specified period of time (plus approved extensions, if any), the
Contractor shall pay to the City any monetary losses, including fines, that the City
experiences for each calendar day (plus any approved extensions) after the time
specified for substantial completion. After substantial completion, should the
Contractor neglect, refuse, or fail to complete the remaining work within thirty (30)
calendar days from the substantial completion date described in this Agreement or
any approved extension thereof, the Contractor shall pay to the City any monetary
losses, including fines, that the City experiences for each calendar day after the
time above (plus any approved extensions, if any) for completion and readiness
for final payment on the Final Completion Date. These amounts are not penalties
but liquidated damages to the City. Liquidated damages are hereby fixed and
agreed upon between the parties, recognizing the impossibility of precisely
ascertaining the amount of damages that will be sustained by the City as a
consequence of such delay and both parties desiring to obviate any question of
dispute concerning the amount of said damages and the cost and effect of the
failure of the Contractor to complete the Contract on time.
6.3 The City is authorized to deduct liquidated damage amounts from the monies due
the Contractor for work under this Agreement, or as much thereof as the City may,
at its own option, deem just and reasonable.
6.4 The Contractor shall be responsible for reimbursing the City, in addition to
liquidated damages, for all costs incurred by the City, including, without limitation,
costs of storage, maintenance, repair, and insurance in administering the
construction of the Project beyond the completion date specified in this Agreement,
or beyond an approved extension of time granted to the Contractor, whichever
date is later. Such costs shall be deducted from the monies due the Contractor as
provided in Article 8 of this Agreement.
6.5 No extension of time shall be granted for delays resulting from normal weather
conditions prevailing in the area as defined by the average of the last five (5) years
of weather recorded for the City of Palm Beach Gardens.
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City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
ARTICLE 7 THE CONTRACTOR'S RESPONSIBILITY
7.1 The parties acknowledge and agree that the City is purchasing, and the Contractor
is bound to deliver, the construction of certain infrastructure works for the Public
Safety Training Complex on Richard Road that shall be constructed in accordance
with the Contract Documents and comply with all applicable laws and technical
codes.
7.2 It is the Contractor's responsibility to have and maintain appropriate certificate(s)
of competency, valid for the work to be performed and for all persons working on
the Project for whom a certificate of competency is required.
Pursuant to the Public Bid Disclosure Act, each license a contractor has to pay the
City before or during construction or the percentage method or unit method of all
licenses required by the City and payable to the City by virtue of this construction
as part of the Contract is as follows:
All fees payable to the City have been or will be paid for by the City.
Local Business Tax Receipts (formerly Occupational Licenses) are required
pursuant to Chapter 205, Florida Statutes.
7 .3 The Contractor shall be fully responsible for the actions of all persons working in
conjunction with the construction of the Project.
7.4 The Contractor shall be fully responsible for all acts or omissions of its consultants
and subcontractors and of persons directly employed by the Contractor's
consultants and subcontractors and of persons for whose acts any of them may
be liable to the same extent the Contractor is responsible for the acts and
omissions of persons directly employed by the Contractor. Nothing in this
Agreement shall create any contractual relationship between any consultant or
subcontractor and the City or any obligation on the part of the City to pay or to see
to the payment of any monies due to any consultant or subcontractor.
7.5 The Contractor agrees to bind specifically every subcontractor and consultant to
the applicable terms and conditions of this Agreement for the benefit of the City.
7.6 Unless otherwise provided herein, the Contractor shall provide and pay for all land
surveying services, materials, labor, water, tools, equipment, light, power,
transportation, and other facilities and services necessary for the proper execution
and completion of the Project, whether temporary or permanent, and whether or
not incorporated or to be incorporated in the Project.
Page 17 of 42
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
7.7 The Contractor shall at all times enforce strict discipline and good order among its
employees, consultants, and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work assigned
to him or her.
7.8 The Contractor shall maintain suitable and sufficient guards and barriers, and at
night suitable and sufficient lighting for the prevention of accidents and thefts.
7.9 The Contractor shall keep itself fully informed of, and shall take into account and
comply with, all existing and future state and national laws and municipal and local
laws/ordinances and regulations in any manner affecting those engaged or
employed in the Project, or the materials used or employed in the Project, or in any
way affecting the conduct of the Project, and of all such orders and decrees of
bodies or tribunals having any jurisdiction or authority over the same, and of all
provisions required by law to be made a part of this Agreement, all of which
provisions are hereby incorporated by reference and made a part hereof. If any
specification or contract for this Project is in violation of any such law, ordinance,
regulation, order, or decree, the Contractor shall forthwith report the same to the
Project Manager in writing. The Contractor shall cause all its agents, employees,
subcontractors, and consultants to observe and comply with all such existing and
future laws, ordinances, regulations, orders, and decrees at no additional cost to
the City.
7.10 In the event of a change after the effective date of this Agreement in any national
and state laws and local or municipal codes, ordinances, and regulations, which in
any manner affects the Project, the Contractor shall advise the Project Manager,
in writing, and the Project Manager, with concurrence of the City, shall initiate a
change order, the purpose of which shall be to bring the Project into compliance
with all laws, ordinances, codes, and regulations as amended or enacted, if
necessary.
7.11 The Contractor shall pay all applicable sales, consumer, use, and other taxes
required by law. The Contractor is responsible for reviewing the pertinent state,
federal, and local statutes, laws, rules, regulations, guidelines, and directions
involving such taxes and complying with all requirements.
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City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
ARTICLE 8 COMPENSATION AND METHOD OF PAYMENT
8.1 Amount and Method of Compensation
8.1.1 The City agrees to pay the Contractor as compensation for its services
under the terms of this Agreement a maximum not-to-exceed sum,
mutually agreed to by the City's Project Manager and the Contractor and
as set forth in the Contract Documents for each segment of the work . The
fee for the services to be performed by the Contractor shall be for the
actual cost of the work and not to exceed the maximum sum stated in this
Section.
8.1.1.1 The maximum not-to-exceed sum to be paid by the City to the
Contractor under this Agreement is Two Hundred Fifty
Thousand Dollars ($250,000) for the Project described in the
Contract Documents. It is understood that the Contractor shall
perform all services set forth in this Agreement for no more than
the total compensation amount set forth in this paragraph,
except as allowed under Article 8 of this Agreement.
8.1.1.2 Within thirty (30) calendar days prior to the commencement of
construction, the Contractor shall submit to the Project Manager
a Schedule of Values for each item comprising the fee
described above. Partial payments shall be based upon such
Schedule of Values. Final payments on each Contract
Document must be approved by the Project Manager.
8.2 Method of Billing and Payment
Page 19 of 42
8.2.1 The Contractor shall submit billings that are identified by the specific
Contract Document number on a monthly basis and in a timely manner.
The Project Manager shall verify completion of the various stages as
noted and authorize payment. The Contractor may submit a request for
payment thirty (30) calendar days after beginning field operations and
every thirty (30) calendar days thereafter. Payment will be based on
quantities certified by the Contractor. The Contractor's requisition shall
show a complete breakdown of the Project components, the quantities
completed, and the amount due, together with such supporting evidence
as may be required by the Project Manager. When applicable, the
requisition for payment shall be accompanied by a completed Statement
of Compliance.
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
8.2.2 Requests for final payment shall be accompanied by paid invoices and
other back-up material as may be necessary by the City to substantiate
the final fee of the Contractor. In no instance shall final billing exceed the
amount allocated in the Contract Document. An updated construction
schedule shall be submitted at least monthly to the City and its
Consultants.
8.2.2.1 The City will direct purchase certain materials for this Project.
All direct purchases shall be made in consultation with the
Contractor, and the amounts deducted from the total project
cost as per the Contractor's Proposal.
8.2.3 The City agrees that it will pay the Contractor within forty-five (45) calendar
days of receipt of the Contractor's proper statement, as provided above,
accompanied by an updated construction schedule and as-built drawings,
subject however to other provisions provided for in this Agreement. All
payments shall be made in accordance with the Florida Prompt Payment
Act, Section 218. 7 4, Florida Statutes.
8.2.4 Ten percent (10%) of all monies earned by the Contractor shall be
retained by the City until the Project is totally completed as specified and
accepted by the Project Manager. The Project Manager may reduce
retainage to five percent (5%) after ninety-five percent (95%) of the Project
has been completed. Any interest earned on retainage shall accrue to the
benefit of the City.
8.2.5 Upon receipt of written notice from the Contractor that the Project is ready
for Final Inspection and Acceptance, the Project Manager shall, within ten
(10) calendar days, make an inspection thereof. If the Project Manager
finds the Project acceptable under the Contract Documents and the
Project fully performed, a Final Certificate of Payment shall be issued by
the Project Manager, over his/her own signature, stating that the work
required by this Agreement has been completed and is accepted under
the terms and conditions thereof.
8.2.6 Before issuance of the Final Certificate for Payment, the Contractor shall
deliver to the Project Manager a complete release of all liens arising out
of this Agreement or receipts in full in lieu thereof, and an Affidavit
certifying that all suppliers and subcontractors have been paid in full and
that all other indebtedness connected with the Project has been paid, and
a consent of the surety to final payment as determined by the City. All
warranties, guarantees, operational manuals, and instructions in
operation shall be delivered to the City at this time. As-built drawings shall
be completed prior to final payment being made.
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City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
8.2.7 The City may withhold final payment or any progress payment to such
extent as may be necessary on account of:
8.2.7.1 Defective work not remedied.
8.2.7.2 Claims filed or reasonable evidence indicating probable filing of
claims by other parties against the Contractor.
8.2.7.3 Failure of the Contractor to make payments properly to
subcontractors or consultants or for material or labor.
8.2.7.4 Damage to another subcontractor, supplier, materialmen, party,
or person not remedied.
8.2.7.5 Liquidated damages pursuant to Article 6 hereof.
8.2.7.6 As-built drawings not being in a current and acceptable state.
8.2.7.7 Any other breach of this Agreement by the Contractor.
8.2.8 When the above grounds are removed or resolved or the Contractor
provides a surety bond or a consent of surety satisfactory to the City that
will protect the City in the amount withheld, payment may be made in
whole or in part, as applicable.
8.2.9 If after the Project has been substantially completed and full completion
thereof is materially delayed through no fault of the Contractor, and the
Project Manager so certifies, the City shall, upon certification of the Project
Manager, and without terminating the Contract, make payment of the
balance due for that portion of the Project fully completed and accepted.
Such payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
8.2.10 The making and acceptance of the final payment shall constitute a waiver
of all claims by the City, other than those arising from faulty or defective
work, failure of the Project to comply with requirements of the Contract
Documents or terms of any warranties required by the Contract
Documents. It shall also constitute a waiver of all claims by the
Contractor, except those previously made in writing and identified by the
Contractor as unsettled at the time of the final application for payment.
8.2.11 Payment will be made to the Contractor at:
Page I 11 of 42
D.S. Eakins Construction Corporation
1481 Kinetic Road
Lake Park, Florida 33403
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
ARTICLE 9 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK
9.1 Without invalidating this Agreement and without notice to any surety, the City
reserves and shall have the right to make such changes from time to time in the
character or quantity of the Project as may be considered necessary or desirable
to complete fully and acceptably the proposed construction in a satisfactory
manner. Any extra or additional work within the scope of this Project may be
accomplished by means of appropriate field orders and supplemental instructions
or change orders subject to Articles 33 and 34 herein.
ARTICLE 10 THE CITY'S RESPONSIBILITIES
10.1 The City shall assist the Contractor by placing at its disposal any available
information pertinent to the Project, including previous reports, laboratory tests,
and inspections of samples, materials, and equipment; property, boundary,
easement, rights-of-way, topographic and utility surveys; property descriptions;
and known zoning, deed, and other land-use restrictions.
10.2 The City shall arrange for access to and make all provisions for the Contractor to
enter upon public property as required for the Contractor to perform its services.
ARTICLE 11 RESOLUTION OF DISPUTES
11.1 In order to prevent all disputes and litigation, it is agreed by the parties hereto that
the Project Manager shall decide all questions, difficulties, and disputes of
whatever nature that may arise relative to the technical interpretation of the
Contract Documents and fulfillment of this Agreement as to the character, quality,
amount, and value of any work done and materials furnished under or by reason
of this Agreement, and the Project Manager's estimates and decisions upon all
claims, questions, and disputes shall be final and conclusive upon the parties
hereto. This Article does not preclude either or both parties from seeking any and
all remedies available at law or in equity. The parties hereto may also, if mutually
agreed, seek mediation to resolve any dispute related to this Contract.
ARTICLE 12 ASSIGNMENT
12.1 Neither party to this Agreement shall assign this Agreement or subcontract it as a
whole without the written consent of the other party, nor shall the Contractor assign
any monies due or to become due to it hereunder without the prior written consent
of the Project Manager.
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City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
ARTICLE 13 PROJECT MEETINGS
13.1 The Contractor shall schedule periodic work progress meetings and specially
called meetings as needed with the Project Manager relating to the construction
services under this Agreement. The Contractor shall record the minutes of such
meetings, include significant proceedings and decision(s) within the minutes, and
reproduce and distribute copies of minutes within five (5) business days after each
meeting, plus incorporate comments received or exceptions taken by those
present who have reviewed and commented on the minutes.
ARTICLE 14 SECURITY
14.1 The Contractor shall provide a project security program to protect work, stored
products, and construction equipment from theft and vandalism, and to protect the
premises from entry by unauthorized persons. In the event any such materials,
equipment, and supplies are lost, stolen, damaged, or destroyed prior to final
inspection and acceptance, the Contractor shall replace same without cost to the
City.
ARTICLE 15 INSPECTION OF PROJECT
15.1 The Project Manager or designee shall at all times have access to the Project, and
the Contractor shall provide proper facilities for such access.
Page 113 of 42
15.1.1 Should the Contract Documents, instructions, any laws, ordinances, or
any public authority require any work for the Project to be specially tested
or approved, the Contractor shall give to the Project Manager timely notice
of readiness of the work for inspection. If the testing or approval is to be
made by an authority other than the City, timely notice shall be given of
the date fixed for such testing. Inspections shall be made promptly, and
where practicable, at the source of supply. If any work for the Project is
covered up without approval or consent of the Project Manager, it shall, if
required by the Project Manager, be uncovered for examination and
properly restored at the Contractor's expense.
15.1.2 Re-examination and re-testing of any work for the Project may be ordered
by the Project Manager; and if so ordered, such work shall be uncovered
by the Contractor. If work is found defective, the Contractor shall bear all
direct, indirect, and consequential expenses of such removal or
correction. If such work is found to be in accordance with the Contract
Documents, the City shall pay the cost of re-examination, re-testing, and
replacement.
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15.2 The payment of any compensation, regardless of its character or form, or the giving
of any gratuity or the granting of any valuable favor by the Contractor to any
inspector other than its consultant, is forbidden, and any such act on the part of
the Contractor will constitute a breach of this Agreement.
ARTICLE 16 SUPERINTENDENCE AND SUPERVISION
16.1 The orders of the City are to be given through the Project Manager, whose
instructions are to be strictly and promptly followed in every case. The Contractor
shall maintain a competent resident supervisor, who shall serve as the Designated
Representative, and any necessary assistants on the Project site throughout the
duration of the Project. The Designated Representative shall serve as the
Superintendent on site and shall be responsible for continuous field supervision,
coordination, and completion of the work. The Designated Representative shall
not be changed except with the consent of the Project Manager, unless the
Designated Representative proves to be unsatisfactory to the Contractor and
ceases to be in its employ. The Project Representative shall represent the
Contractor, and all direction given to the Designated Representative shall be as
binding as if given to the Contractor. Directions will be confirmed in writing to the
Contractor. Other directions will be so confirmed on written request in each case.
16.2 The Contractor's Designated Representative shall prepare, on a daily basis and
keep on the Project site, a bound log setting forth at a minimum for each day: the
weather conditions and how any weather conditions affected progress of the work;
work performed; equipment utilized for the work; any idle equipment and reasons
for idleness; visitors to the Project site; labor utilized for the work; and any materials
delivered to the Project site. The daily log shall be available for inspection by the
Project Manager at all times during the Project.
16.3 If the Contractor, in the course of the Project, finds any discrepancy between the
Contract Documents and the physical conditions of the locality, or any errors or
omissions in the Contract Documents, including drawings (plans) and
specifications, it shall be the Contractor's duty to immediately inform the Project
Manager in writing, and the Project Manager will promptly verify the same. Any
work done prior to or after such discovery shall be done at the Contractor's sole
risk.
16.4 The Contractor shall coordinate, supervise, and direct the Project competently and
efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to perform the Project in accordance with the Contract
Documents. The Contractor shall be solely responsible for the design, means,
methods, techniques, safety, sequences, and procedures of construction. The
Contractor shall give efficient supervision to the work, using the Contractor's best
skill, attention, and judgment.
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ARTICLE 17 THE CITY'S RIGHT TO TERMINATE AGREEMENT
17 .1 The following shall give the City the right to terminate this Agreement with the
Contractor:
17 .1.1 The Contractor fails to begin the construction of the Project within the time
specified, or fails to perform the Project with sufficient workers and
equipment or with sufficient materials to ensure the prompt completion of
the Project, or performs the work unsuitably, or causes it to be rejected as
defective and unsuitable, or discontinues the prosecution of the Project.
17 .1.2 If the Contractor becomes insolvent, is declared bankrupt, commits any
act of bankruptcy or insolvency, makes an assignment for the benefit of
creditors, or as a result of any other cause whatsoever resulting in the
Contractor not carrying on the Project in an acceptable manner, the
Project Manager may give notice in writing to the Contractor and its Surety
of such delay, neglect, or default, specifying the same. If the Contractor,
within a period of ten (10) calendar days after such notice, does not
proceed in accordance therewith, then the City may, upon written
certificate from the Project Manager of the fact of such delay, neglect, or
default and the Contractor's failure to comply with such notice, terminate
the services of the Contractor, exclude the Contractor from the site and
take the prosecution of the Project out of the hands of the Contractor, and
appropriate or use any or all materials and equipment on the Project site
as may be suitable and acceptable.
17 .2 In the event of an occurrence under Section 17 .1 above, the Contractor shall not
be entitled to receive any further payment until the Project is finished.
17 .3 In the event of an occurrence under Section 17 .1 above, the City may enter into a
separate agreement for the completion of the Project according to the terms and
provisions of the Contract Documents or use such other methods as in the City's
opinion is required for the completion of the Project in an acceptable manner.
17.4 In the event of an occurrence under Section 17 .1 above, all damages, costs, and
charges incurred by the City shall be deducted from any monies due or that may
become due to the Contractor. Actions may be instituted to recover on the posted
bonds. In case the damages and expenses so incurred by the City are less than
the sum that would have been payable under this Agreement if it had been
completed by the Contractor, then the Contractor shall be entitled to receive the
difference. If such damages and costs exceed the unpaid balance, then the
Contractor shall be liable and shall pay to the City the amount of said excess.
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17.5 If after Notice of Termination is given to the Contractor it is determined for any
reason that the Contractor was not in default or breach of this Agreement, the
rights and obligations of the City and the Contractor shall be the same as if the
notice of termination had been issued pursuant to the Termination for Convenience
clause as set forth in Section 17 .6 below.
17.6 The performance of work under this Agreement may be terminated in writing by
the Project Manager for convenience upon not less than ten (10) calendar days'
written notice to the Contractor (delivered by certified mail, return receipt
requested) of intent to terminate and the date on which such termination becomes
effective. In such case, the Contractor shall be paid for all work executed and
expenses incurred prior to termination in addition to termination settlement costs
reasonably incurred by the Contractor relating to commitments that had become
the Contractor's prior to the date of termination. Payment shall include services
actually performed in full prior to the termination date, but shall exclude all lost
profits, indirect or special, or other damages for the remainder of the Project.
17.7 Upon receipt of the Notice of Termination pursuant to Articles 17.1 or 17.6 above,
the Contractor shall promptly discontinue all affected work, unless the Notice of
Termination directs otherwise, and deliver or otherwise make available to the
Project Manager all data, drawings, specifications, reports, estimates, summaries,
and such other information as may have been required by the Contract
Documents, whether completed or in process.
17.8 If a Court of competent jurisdiction finds that the City wrongfully terminated this
Contract, then in such event, this Contract shall be deemed terminated for
convenience as provided for in Section 17.6, and the Contractor shall not be
entitled to damages or loss of profits, but shall include all items provided for in
Section 17.6 herein.
ARTICLE 18 THE CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE
CONTRACT
18.1 If the Project should be stopped under an order of any court or other public
authority for a period of more than ninety (90) calendar days, through no act or
fault of the Contractor or of anyone employed by the Contractor, or if the Project
Manager should fail to review and approve or state in writing reasons for non-
approval of any estimate for payment within twenty (20) calendar days after it is
presented, or if the City fails to pay the Contractor within forty-five (45) calendar
days after presentation by the Contractor of any proper invoice accompanied by
the required update of the CPM, then the Contractor may, upon seven (7) calendar
days' written notice to the City and the Project Manager, stop work or terminate
this Agreement and recover from the City payment for all work executed and any
expense sustained plus reasonable termination expenses.
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ARTICLE 19 PLANS AND WORKING DRAWINGS
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19.1 The City and the Contractor will review and revise construction plans prior to
submittal for permitting. All approved plans, general and detail, are to be deemed
a part of this Agreement, and the plans and specifications and Agreement are to
be considered together and are intended to be mutually complementary so that
any work shown on the plans, though not specified in the specifications, and any
work specified in the specifications, though not shown on the plans, is to be
executed by the Contractor as part of this Agreement. All things which in the
opinion of the Project Manager may reasonably be inferred from this Agreement
and plans as developed by the Contractor and approved by the Project Manager
are to be executed by the Contractor under the terms of this Agreement, and the
Project Manager shall determine whether the detail plans conform to the Contract
Documents, except as may be otherwise determined by the Project Manager. All
plans, specifications, and related technical documentation should be in the form of
a GADD drawing file and paper copy.
ARTICLE 20 THE CONTRACTOR TO CHECK DRAWINGS AND DATA
20.1 The Contractor shall take measurements and verify all dimensions, conditions,
quantities, and details shown on the drawings, schedules, or other data received
from the Project Manager, and shall notify the Project Manager of all errors,
omissions, conflicts, and discrepancies found therein. Failure to discover or
correct errors, conflicts, or discrepancies shall not relieve the Contractor of full
responsibility for unsatisfactory work, faulty construction, or improper operation
resulting therefrom, nor from rectifying such condition at the Contractor's own
expense. The Contractor will not be allowed to take advantage of any error or
omission.
ARTICLE 21 WARRANTY
21.1 The Contractor warrants to the City that all materials and equipment furnished for
the Project shall be new, unless otherwise specified, and that all work for the
Project shall be of good quality, free from faults and defects, and in conformance
with the Contract Documents. All work for the Project not conforming to these
requirements, including substitutions not properly approved and authorized, may
be considered defective. If required by the Project Manager, the Contractor shall
furnish satisfactory evidence as to the kind and quality of materials and equipment.
ARTICLE 22 DELIVERY AND STORAGE OF MATERIALS AND PARTIAL PAYMENT
THEREFORE
22.1 The City may, at its sole option, allow partial payment for materials delivered and
stored either on or off site for use on the Project.
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22.2 Material stored on the job site shall be verified as to quantity and condition by the
Project Manager or designee prior to receipt of any payment. Safeguarding the
material shall be the responsibility of the Contractor. Any materials that are lost,
stolen, damaged, or otherwise deemed unacceptable by the Project Manager shall
be replaced by the Contractor at no additional cost to the City.
22.3 Materials stored off the job site for which partial payment is sought shall be stored
in a bonded warehouse. The material shall be inspected by the Project Manager
who will verify quantities and condition of all materials. Safeguarding the material
shall be the responsibility of the Contractor.
ARTICLE 23 GENERAL QUALITY OF WORK
23.1 Articles, materials, and equipment specified or shown on drawings shall be new
and shall be applied, installed, connected, erected, used, cleaned, and conditioned
for proper forming, as per the manufacturer's directions and as approved by the
Project Manager. The Contractor shall, if required, furnish satisfactory evidence
as to kind and quality of the materials.
23.2 The Contractor shall apply, install, connect, and erect manufactured items or
materials according to the recommendations of the manufacturer when such
recommendations are not in conflict with the Contract Documents. The Contractor
shall furnish copies of the manufacturer's recommendations to the Project
Manager before proceeding with the work.
ARTICLE 24 DEFECTIVE WORK
24.1 The Project Manager shall have the authority to reject or disapprove work for the
Project that the Project Manager finds to be defective. If required by the Project
Manager, the Contractor shall promptly, as directed, correct all defective work or
remove it from the Project site and replace it with non-defective work. The
Contractor shall bear all direct, indirect, and consequential costs of such removal
or correction.
24.2 If within one (1) year after substantial completion any work is found to be defective
or not in accordance with the Contract Documents, the Contractor shall correct it
promptly without cost to the City, after receipt of written notice from the City to do
so, unless the City has given the Contractor a written acceptance of such
conditions. Nothing contained herein shall be construed to establish a period of
limitation with respect to any other obligation that the Contractor might have under
the Contract Documents, including Article 21 hereof, or applicable state law.
24.3 Should the Contractor fail or refuse to remove or correct any defective work
performed for the Project, or to make any necessary repairs in an acceptable
manner and in accordance with the requirements of this Agreement within the time
indicated in writing, the City shall have the authority to cause the unacceptable or
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defective work to be removed or corrected, or make such repairs as may be
necessary at the Contractor's expense. Any expense incurred by the City in
making these removals, corrections, or repairs that the Contractor has failed or
refused to make shall be paid for out of any monies due or that may become due
to the Contractor or that may be charged against the bond or guaranty. Continued
failure or refusal on the part of the Contractor to make any or all necessary repairs
promptly, fully, and in an acceptable manner shall be sufficient cause for the City
to declare this Agreement forfeited, in which case the City, at its option, may
purchase materials, tools, and equipment and employ labor or may contract with
any other individual, contractor, or corporation, or may proceed with its own forces
to perform the work. All costs and expenses incurred thereby shall be charged
against the defaulting Contractor, and the amount thereof deducted from any
monies due, or that may become due to the Contractor, or that shall be charged
against the bond or guaranty. Any special work performed, as described herein,
shall not relieve the Contractor in any way from its responsibility for the work
performed by it.
24.4 Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered or obligate the City to final acceptance.
ARTICLE 25 SUBCONTRACTS
25.1 The Contractor shall, after award and prior to the start of construction, notify the
Project Manager in writing of the names of the subcontractors proposed for the
Project and identify the portion of the work for the Project each will perform. The
Contractor shall have a continuing obligation to notify the Project Manager of any
change in the subcontractors. Notification of the names of the subcontractors shall
not relieve the Contractor from the prime responsibility of full and complete
satisfactory performance of all contractual obligations. The City may require the
Contractor to solicit subcontractors from the City's Vendors List. The Contractor
shall give first priority for award of all key subcontracts to local (Palm Beach
Gardens) contractors.
ARTICLE 26 SEPARATE CONTRACTS
26.1 The City reserves the right to let other contracts in connection with this Project.
The Contractor shall afford other contractors reasonable opportunity for the
introduction and storage of their materials and the execution of their work and shall
properly connect and coordinate this work with theirs.
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26.2 If any part of the Contractor's work depends on the proper execution of the work
of any other contractors, the Contractor shall inspect and promptly report to the
Project Manager any defects in such work that render it unsuitable for such proper
execution and results. The Contractor's failure to so inspect and report shall
constitute an acceptance of the other contractors' work as fit and proper for the
reception of contractors' work, except as to defects that may develop in other
contractors' work after the execution of the contractors' work.
26.3 To ensure the proper execution of its subsequent work, the Contractor shall inspect
the work already in place and shall at once report to the Project Manager any
discrepancy between the executed work and the requirements of the Contract
Documents.
26.4 No claim for damages or any claim other than for an extension of time shall be
made or asserted against the City by reason of any delays due to work of other
contractors, unless such delays result in the de-mobilization of the Contractor's
work crew and there is an attendant cost to re-mobilize.
ARTICLE 27 USE OF COMPLETED PORTIONS
27 .1 The City will inform the Contractor prior to the completion of negotiations if any
portion of the Project will be utilized prior to normal construction completion.
However, the City shall have the right to take possession of and use any completed
or partially completed portions of the Project. Such possession and use shall not
be deemed an acceptance of any work not completed in accordance with the
Contract Documents. If such possession and use delays the Project, the Contractor
shall be entitled to a reasonable extension of time, as determined by the City.
27.2 In the event the City takes possession, the following shall occur:
27 .2.1 The Project Manager shall give notice to the Contractor at least fifteen
(15) calendar days in advance of intent to occupy a designated area.
27 .2.2 The Contractor shall bring the designated area to the point of Substantial
Completion. When the Contractor considers that the designated area of
the Project is substantially complete, the Contractor shall notify the Project
Manager in writing and shall prepare for submission to the Project
Manager a list of items to be completed or corrected. The failure to include
any items on such list does not alter the responsibility of the Contractor to
complete work on the designated area in accordance with the Contract
Documents. The Project Manager shall conduct an inspection to
determine that the designated portion of the Project is substantially
complete. The Project Manager and the Contractor shall agree on the
time within which the Contractor shall complete the items listed.
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27.2.3 Upon issuance and acceptance of the Certificate of Substantial
Completion, the City will assume full responsibility for maintenance,
utilities, and subsequent damages of the City and public adjustment. The
Contractor shall remain responsible for all items listed to be completed or
corrected as submitted to the Project Manager as required in substantial
completion process.
27 .2.4 If the City finds it necessary to use a portion or portions of the Project prior
to Substantial Completion thereof, such use shall not commence prior to
a time mutually agreed upon by the Project Manager and the Contractor.
This insurance shall not be canceled or lapsed on account of such partial
use. Consent of the Contractor and of the insurance company or
companies to such use shall not be unreasonably withheld.
ARTICLE 28 CONSTRUCTION AREA
28.1 The Contractor shall use areas approved by the City for deliveries and personnel.
Contract limits of the construction area are indicated on the drawings. Equipment,
material, and personnel shall be in conformance with this Contract.
28.2 To provide for maximum safety and security, the Contractor shall erect and
maintain all necessary barricades and any other temporary walls and structures,
as required, and boarding to protect life and property during the period of
construction.
ARTICLE 29 LANDS FOR WORK
29.1 The City shall provide, as indicated in the Contract Documents, the lands upon
which the Project is to be performed, rights-of-way, and easements for access
thereto, and such other lands as are designated for the use of the Contractor. No
claim for damages or other claim other than for an extension of time shall be made
or asserted against the City by reason of any delay arising as a result of any failure
of the City to provide such lands on the date needed by the Contractor. The
provisions of Article 36 hereof shall apply.
ARTICLE 30 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
30.1 The Contractor shall conform to all applicable laws, regulations, or ordinances with
regard to labor employed, hours of work, and the Contractor's general operations.
The Contractor shall also conduct its operations so as not to close any
thoroughfare nor interfere in any way with traffic on highways without the written
consent of the proper authorities.
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ARTICLE 31 DAMAGE TO EXISTING FACILITIES, EQUIPMENT, OR UTILITIES
31.1 Existing utilities have been shown on the drawings provided to the Contractor
insofar as information is reasonably available; however, it will be the Contractor's
responsibility to verify such information and to preserve all existing utilities whether
shown on the drawings or not. If utility conflicts are encountered by the Contractor
during construction, the Contractor shall give sufficient notice to the owners of the
utilities so that they may make the necessary adjustments.
31.2 The Contractor shall exercise care and take all precautions during excavation and
construction operations to prevent damage to any existing facilities, equipment, or
utilities. Any damage caused by the Contractor shall be reported immediately to
the Project Manager, and such work shall be repaired and/or replaced by the
Contractor in a manner approved by the City. All costs to repair and/or replace
any damage to existing facilities, equipment, or utilities shall be the sole
responsibility of the Contractor, and such repair or replacement shall be performed
expeditiously without cost to the City.
31.3 The Contractor shall provide the type of required protection for finished work at all
times, protect adjacent work during cleaning operations, and make good any
damage resulting from neglect of this precaution.
31.4 Protection of work shall include protecting work that is factory finished, during
transportation, storage, and during and after installation. Where applicable and as
required, the Contractor shall close off areas where certain work has been
completed to protect it from any damages caused by others during their operations.
31.5 The Contractor shall store materials and shall be responsible for and shall maintain
partly or wholly finished work during the continuance of the Contract and until the
final acceptance of the structure. If any materials or part of the work should be
lost, damaged, or destroyed by any cause or means whatsoever, the Contractor
shall satisfactorily repair and replace the same at the Contractor's own cost. The
Contractor shall maintain suitable and sufficient guards and barriers, and suitable
and sufficient lighting for the prevention of accidents at night.
31.6 To all applicable Sections where preparatory work is part of work thereon, the
Contractor shall carefully examine surfaces over which its finished work is to be
installed, laid, or applied before commencing with the work. The Contractor shall
not proceed with said work until defective surfaces on which work is to be applied
are corrected satisfactorily to the Project Manager. Commencement of work shall
be considered acceptance of surfaces and conditions.
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ARTICLE 32 CONTINUATION OF THE WORK
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32.1 The Contractor shall carry on the Project and adhere to the progress schedule
during all disputes or disagreements with the City. No work shall be delayed or
postponed pending resolution of any disputes or disagreements.
ARTICLE 33 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
33.1 The Project Manager shall have the right to approve and issue field orders setting
forth written interpretations of the intent of the Contract Documents and ordering
minor changes in contract execution, providing the field order involves no change
in the total cost of the Project or the time of performance.
33.2 The Project Manager shall have the right to approve and issue supplemental
instructions setting forth written orders, instructions, or interpretations concerning
this Agreement or its performance, provided they make no major changes in
contract execution and involve no change in the total cost of the Project or the time
of performance.
ARTICLE 34 CHANGE ORDERS (CHANGES IN QUANTITIES OF WORK OR CONTRACT
PRICE)
34.1 Changes in the quantity or character of work within the scope of this Project that
are not properly the subject of field orders or supplemental instructions, to include
all changes resulting in changes in the total cost of the Project or the time of
performance, shall be authorized only by change orders approved and issued by
the City.
34.2 The Contractor shall not start work on any alteration requiring an increase in price
or extension of time for completion until a change order setting forth the
adjustments is approved by the City.
34.3 All changes to construction contracts shall be approved in advance in accordance
with the value of the change order or the calculated value of the time extension.
All contract change orders in excess of Sixty-Five Thousand Dollars ($65,000.00)
shall be approved by the City Council. All change orders where the time for
completion is extended by more than sixty (60) calendar days in any one change
or cumulatively for the same project beyond the most recent Council-approved
contract completion time shall be approved by the City Council.
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34.4 In the event satisfactory adjustment cannot be reached for any item requiring a
change order, the City reserves the right, at its own option, to either terminate this
Agreement as it applies to the items in question and make such arrangements as
may be deemed necessary to complete the Project, or submit the matter in dispute
to the Project Manager as set forth herein. During the pendency of the dispute
resolution, the Contractor shall proceed with the work set forth within the change
order if the estimated dollar amount of the change order is less than Ten Thousand
Dollars ($10,000.00).
34.5 On approval of any change order increasing the price, the Contractor shall ensure
that the applicable Performance and Payment Bonds and Guarantees are each
increased so that it reflects the total amount of the Project as increased.
34.6 Change orders may be issued unilaterally by the City.
ARTICLE 35 VALUE OF CHANGE ORDER WORK
35.1 The value of any work covered by a change order or of any claim for an increase
or decrease in the Contract sum shall be determined in one of the following ways:
35.1.1 Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities of items
involved, subject to the provisions of Article 36 herein.
35.1.2 By mutual acceptance of a lump sum that includes a contractor's fee for
overhead and profit and includes any subcontractor fees.
35.1.3 On the basis of the "cost of the work" determined as provided, plus a
contractor's fee for overhead and profit that is determined as provided in
the applicable provisions of this Agreement.
35.2 The term "cost of work" means the sum of all costs necessarily incurred and paid
by the Contractor in the proper performance of the Project. Except as otherwise
may be agreed to in writing by the City, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall include only the following
items, and shall not include any other costs whatsoever:
35.2.1 Payroll costs for employees in the direct employ of the Contractor in the
performance of the Project under schedules of job classifications agreed
upon by the City and the Contractor. Payroll costs for employees not
employed full-time on the Project shall be apportioned on the basis of their
time spent on the Project. Payroll costs shall include, but not be limited
to, salaries and wages, plus the cost of fringe benefits, which shall include
social security contributions, unemployment, excise and payroll taxes,
workers' compensation, health and retirement benefits, bonuses, sick
leave, and vacation and holiday pay applicable thereto. Such employees
shall include superintendents and foremen at the Project site. The
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expenses of performing the work after regular working hours, on Sunday
or legal holidays, shall be included in the above to the extent authorized
by the City. Insurance and benefits shall be based on single time.
35.2.2 Cost of all materials and equipment furnished and incorporated in the
Project, including costs of transportation and storage thereof, and
manufacturers' field services required in connection therewith. All cash
discounts shall accrue to the Contractor unless the City deposits funds
with the Contractor with which to make payments, in which case the cash
discounts shall accrue to the City. All trade discounts, rebates and
refunds, and all returns from the sale of surplus materials and equipment
shall accrue to the City, and the Contractor shall make provisions so that
they may be obtained.
35.2.3 Payments made by the Contractor to subcontractors for work performed
by subcontractors. The term subcontractor shall include architects and
engineers employed for services specifically related to the Project. If
required by the Project Manager, the Contractor shall obtain competitive
bids from subcontractors acceptable to the Contractor and shall deliver
such bids to the City that will then determine which bids will be accepted.
If the subcontract provides that the subcontractors are to be paid on the
basis of the cost of the work plus a fee, the subcontractors' cost of the
work shall be determined in the same manner as the Contractor's cost of
the work. Whenever a subcontractor is involved, a complete and separate
breakdown shall be submitted by the subcontractor for its portion of the
work. All subcontractors shall be subject to the other provisions of the
Contract Documents insofar as applicable.
35.2.4 Costs of special consultants, including, but not limited to, testing
laboratories, surveyors, lawyers, and accountants employed for services
specifically related to the Project.
35.2.5 Supplemental costs, including the following:
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35.2.5.1 The proportion of necessary transportation, travel, and
subsistence expenses of the Contractor's employees incurred
in discharge of duties connected with the Project.
35.2.5.2 Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, appliances, office
and temporary facilities at the site, and hand tools not owned
by the workers that are consumed in the performance of the
Project, and cost, less market value, of such items used but
not consumed that remain the property of the Contractor.
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35.2.5.3 Rentals of all construction equipment and machinery and the
parts thereof whether rented from the Contractor or others in
accordance with rental agreements approved by the City and
the costs of transportation, loading, unloading, installation,
dismantling, and removal thereof, all in accordance with the
terms of said agreements. The rental of any such equipment,
machinery, or parts shall cease when the use thereof is no
longer necessary for the Project. Late charges, penalties,
restocking charges, and similar assessments in said
agreements will not be recognized by the City as a
supplemental cost.
35.2.5.4 Sales, use, or similar taxes related to the Project, and for
which the Contractor is liable, imposed by any governmental
authority.
35.2.5.5 Deposits lost for causes other than the Contractor's
negligence, royalty payments, and fees for permits and
licenses.
35.2.5.6 The cost of utilities, fuel, and sanitary facilities at the site.
35.2.5.7 Minor expenses such as telegrams, long-distance telephone
calls, telephone service at the site, expressage, and similar
petty cash items in connection with the Project.
35.2.5.8 Cost of premiums for additional bonds and insurance required
because of changes in the Project.
35.3 The term "cost of the work" shall not include any of the following:
35.3.1 Payroll costs and other compensation of the Contractor's officers,
executives, principals (of partnership and sole proprietorships), general
managers, estimators, lawyers, auditors, accountants, purchasing and
contracting agents, expediters, timekeepers, clerks, and other personnel
employed by the Contractor whether at the Project site or in the
Contractor's principal or branch office for general administration of the
Project and not specifically included in the agreed-upon schedule of job
classifications referred to in Article 35.2.1, all of which are to be
considered administrative costs covered by the Contractor's fee.
35.3.2 Expenses of the Contractor's principal and branch offices other than the
Contractor's office at the Project site.
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Infrastructure Work for Public Safety Training Complex
35.3.3 Any part of the Contractor's capital expenses, including interest on the
Contractor's capital employed for the Project and charged against the
Contractor for delinquent payments.
35.3.4 Cost of premiums for all bonds and for all insurance whether or not the
Contractor is required by the Contract Documents to purchase and
maintain the same, except for additional bonds and insurance required
because of changes in the Project.
35.3.5 Costs due to the negligence of the Contractor or any subcontractors, any
consultants, or anyone directly or indirectly employed by any of them or
for whose acts any of them may be liable, including, but not limited to, the
correction of defective or nonconforming work, disposal of materials or
equipment wrongly supplied, and making good on any damage to
property.
35.3.6 Other overhead or general expense costs of any kind and the cost of any
item not specifically and expressly included in Article 35.2.
35.4 The contractor's fee allowed to the Contractor for overhead and profit shall be
determined as follows:
35.4.1 A mutually acceptable fixed fee that shall not exceed percentages, as set
forth below, or if none can be agreed upon.
35.4.2 A fee based on the following percentages of the various portions of the
cost of the work:
35.4.2.1 For costs incurred under Articles 35.2, 35.2.1, and 35.2.2, the
Contractor's fees shall not exceed ten percent (10%);
35.4.2.2 For costs incurred under Articles 35.2.3 or 35.2.4, the
Contractor's fee shall not exceed ten percent (10%); and if a
subcontract is on the basis of the cost of the work plus a fee,
the maximum allowable to the subcontractor as a fee for
overhead and profit shall not exceed ten percent (10%); and
35.4.2.3 No fee shall be payable on the basis of cost itemized under
Articles 35.2.5 and 35.3.
35.5 The amount of credit to be allowed by the Contractor to the City for any such
change that results in a net decrease in cost shall be the amount of the actual net
decrease. When both additions and credits are involved in any one change, the
combined overhead and profit shall be figured on the basis of the net increase, if
any.
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Infrastructure Work for Public Safety Training Complex
35.6 Whenever the cost of any work is to be determined pursuant to Articles 35.1
through 35.2.4, the Contractor shall submit, in a form acceptable to the Project
Manager, an itemized cost breakdown with the supporting data.
35.7 Where the quantity of work with respect to any item that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the quantity of
such work indicated in the Contract Documents, an appropriate change order may
be issued to adjust the unit price, if warranted.
35.8 Whenever a change in the work is to be based on mutual acceptance of a lump
sum, whether the amount is an addition, credit, or no-change-in-cost, the
Contractor shall promptly submit to the Project Manager an estimate substantiated
by a complete itemized breakdown.
35.8.1 Breakdown shall list quantities and unit prices for materials, labor,
equipment, and other items of cost.
35.8.2 Whenever a change involves the Contractor and one or more
subcontractors or consultants and the change is an increase in the
contract price, overhead, and profit percentages for the Contractor and
each subcontractor or consultant shall be itemized separately.
35.9 Each change order shall state within the body of the change order whether it is
based upon unit price, negotiated lump sum, or "cost of the work."
ARTICLE 36 CHANGE OF CONTRACT TIME OR CONTRACT SUM
36.1 The contract time set forth in Article 6 or the fee to be paid to the Contractor may
only be changed or modified by a change order. Any claim for an extension of the
contract time or for an increase in the fee to be paid to the Contractor shall be
based on written notice delivered by the party making the claim to the Project
Manager promptly (but in no event later than seven (7) calendar days after the
occurrence of the event giving rise to the claim and stating the general nature of
the claim). Notice of the extent of the claim with supporting data shall be delivered
within sixty (60) calendar days after such occurrence (unless the Project Manager
allows, in writing, an additional period of time to ascertain more accurate data in
support of the claim) and shall be accompanied by the claimant's written statement
that the adjustment claimed is the entire adjustment to which the claimant has
reason to believe it is entitled as a result of the occurrence of said event. All claims
for adjustment in the contract time or for an increase in the fee to be paid to the
Contractor shall be determined by the Project Manager in accordance with Article
9. No claim for an adjustment in the contract time or for an increase in the fee to
be paid to the Contractor shall be valid if not submitted in strict accordance with
the requirements of this Article.
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Infrastructure Work for Public Safety Training Complex
36.2 The contract time shall be extended in an amount equal to time lost due to delays
beyond the control of and through no fault or negligence of the Contractor if a claim
is made therefor as provided in Article 36.1. Such delays shall include, but not be
limited to, acts of neglect by the City or by any employee of the City or any separate
contractor employed by the City, fires, floods, labor disputes, epidemics, abnormal
weather conditions, or acts of nature.
ARTICLE 37 NO DAMAGES FOR DELAY
37.1 No claim for damages or any claim other than for an extension of time shall be
made or asserted against the City by reason of any delays. The Contractor shall
not be entitled to an increase in the Contract Sum or payment or compensation of
any kind from the City for direct, indirect, consequential, impact, or other costs,
expenses, or damages, including, but not limited to, costs of acceleration or
inefficiency arising because of delay, disruption, interference, or hindrance from
any cause whatsoever, whether such delay, disruption, interference, or hindrance
be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable. The Contractor shall be entitled only to extensions of the contract
time as the sole and exclusive remedy for such resulting in delays in accordance
with and to the extent specifically provided above.
ARTICLE 38 SUBSTANTIAL COMPLETION
38.1 When the Contractor considers that the Project or a designated portion thereof that
is acceptable to the City is substantially complete, the Contractor shall notify the
Project Manager in writing and shall prepare for submission to the Project Manager
a thorough list of items to be completed or corrected, together with a schedule for
completion of all items. The failure to include any items on such list does not alter
the responsibility of the Contractor to complete all work in accordance with the
Contract Documents.
38.2 The Project Manager shall conduct an inspection to determine that the Project or
designated portion thereof is substantially complete. The Project Manager will
then instruct the Contractor to prepare and deliver to the Project Manager a
Certificate of Substantial Completion that shall establish the date of Substantial
Completion. After review of the Certificate by the Project Manager, the City will
either accept or reject the Certificate. The Project Manager, with the concurrence
of the Contractor, will fix the time within which the Contractor shall complete the
items listed therein. Warranties required by the Contract Documents shall
commence on the date of Substantial Completion. The Certificate of Substantial
Completion shall be submitted to the City through the Project Manager and the
Contractor for its written acceptance of the responsibilities assigned to them in
such Certificate.
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ARTICLE 39 SHOP DRAWINGS
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
39.1 The Contractor shall submit Shop Drawings for all equipment, apparatus,
machinery, piping, wiring, fabricated structures, and manufactured articles. The
purpose of the Shop Drawings is to show the suitability, efficiency, technique of
manufacture, installation requirements, details of the item, and evidence of its
compliance or noncompliance with the Contract Documents.
39.2 The Contractor shall submit to the Project Manager a complete list of preliminary
data on items for which the Shop Drawings are to be submitted. Approval of this
list by the Project Manager shall in no way relieve the Contractor from submitting
complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in order to
expedite final approval of the Shop Drawings.
39.3 After the approval of the list of items required in Article 39.2 above, the Contractor
shall promptly request the Shop Drawings from the various manufacturers and
suppliers.
39.4 The Contractor shall thoroughly review and check the Shop Drawings, and each
and every copy shall show the Contractor's approval thereon.
39.5 If the Shop Drawings show or indicate departures from the Contract requirements,
the Contractor shall make specific mention thereof in its letter of transmittal.
Failure to point out such departures shall not relieve the Contractor from its
responsibility to comply with the Contract Documents.
39.6 No work called for by the Shop Drawings shall be done until the Drawings have
been approved by the Project Manager. Approval shall not relieve the Contractor
from responsibility for errors or omissions of any sort on the Shop Drawings.
39.7 No approval will be given to partial submittal of the Shop Drawings for items that
interconnect and/or are interdependent. It is the Contractor's responsibility to
assemble the Shop Drawings for all such interconnecting and/or interdependent
items, check them, and then make one (1) submittal to the Project Manager along
with the Contractor's comments as to compliance, noncompliance, or features
requiring special attention.
39.8 If catalog sheets or prints of the manufacturers' standard drawings are submitted
as Shop Drawings, any additional information or changes on such drawings shall
be typewritten or lettered in ink.
39.9 The Contractor shall submit to the Project Manager the number of copies required
by the Project Manager. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
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Infrastructure Work for Public Safety Training Complex
39.10 The Project Manager's approval of the Shop Drawings shall be general and shall
not relieve the Contractor of responsibility for the accuracy of such Drawings, nor
for the proper fittings and construction of the work, nor for the furnishing of the
materials or work required by the Contract and not indicated on the Drawings. No
work called for by the Shop Drawings shall be done until the Drawings have been
approved by the Project Manager. Approval shall not relieve the Contractor from
responsibility for errors or omissions of any sort on the Shop Drawings.
39.11 The Contractor shall keep one set of the Shop Drawings marked with the Project
Manager's approval at the Project site at all times.
ARTICLE 40 FIELD ENGINEERING
40.1 The Contractor shall provide and pay for field engineering services required for the
Project. This work shall include the following elements:
40.1.1 Survey work required in execution of the Project.
ARTICLE 41 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
41.1 The entire responsibility for establishing and maintaining a line and grade in the
field lies with the Contractor. The Contractor shall maintain an accurate and
precise record of the location and elevation of all pipelines, conduits, structures,
manholes, handholds, fittings, and the like and shall deliver these records in good
order to the Project Manager as the work is completed. These records shall serve
as a basis for record drawings. The cost of all such field layout and recording work
must be included in the prices bid for the appropriate items.
41.2 The Contractor shall maintain in a safe place at the site one (1) record copy of all
drawings (plans), specifications, addenda, written amendments, change orders,
and written interpretations and clarifications in good order, annotated to show all
changes made during construction, and in a format compatible with GADD
equipment. These record documents, together with all approved samples and a
counterpart of all approved Shop Drawings, shall be available to the Project
Manager for reference. Upon completion of the Project, these record documents,
samples, and Shop Drawings shall be delivered to the Project Manager.
41.3 At the completion of the Project, the Contractor shall turn over to the City a set of
reproducible drawings (Mylars) that accurately reflect the "as-built" conditions of
the new facility and in a format compatible with the City's GADD equipment. All
changes made to the construction documents, either as clarifications or as
changes, shall be reflected in the plans. The changes shall be submitted on Mylar
at least monthly to the Project Manager. These "as-built" drawings shall be signed
and sealed by a registered Florida engineer or architect and shall be delivered and
found to be acceptable prior to final payments.
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ARTICLE 42 SAFETY AND PROTECTION
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
42.1 The Contractor shall be responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the Project. The Contractor
shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury, or loss to:
42.1.1 All employees on the Project and other persons who may be affected
t hereby;
42.1.2 All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
42.1.3 Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures, and utilities not
designated for removal, relocation, or replacement in the course of
construction.
42.2 The Co ntractor shall comply with all applicable laws, ordinances, rules,
regulations, and orders of any public body having jurisdiction for the safety of
persons or property or to protect them from damage, injury, or loss, and shall erect
and mai ntain all necessary safeguards for such safety and protection. The
Contractor shall notify owners of adjacent properties and utilities when prosecution
of the wo rk may affect them. All damage, injury, or loss to any property referred
to in Sect ions 42.1.2 and 42.1.3 above, caused directly or indirectly, in whole or in
part, by the Contractor, any subcontractor or consultant, or anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be
liable, shall be remedied by the Contractor. The Contractor's duties and
responsibilities for the safety and protection of the Project shall continue until such
time as all the Project is completed, and the Project Manager has issued a notice
to the Contractor that the Project is acceptable, except as otherwise provided in
Article 27, Use of Completed Portions.
42.3 The Contractor shall designate a responsible member of its organization at the
Project site whose duty shall be the prevention of accidents. This person shall be
the Contractor's Designated Representative unless otherwise designated in writing
by the Contractor to the City.
ARTICLE 43 PAYMENT FOR TESTS BY THE CONTRACTOR
43.1 Except when otherwise specified in the Contract Documents, the expense of all
tests and test reports shall be borne by the City.
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ARTICLE 44 PROJECT SIGNAGE
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
44.1 The Contractor shall furnish and erect signs at the Project site, as directed by the
Project Manager. The Contractor may install signage at the site subject to
approval by the Project Manager.
ARTICLE 45 CLEANING UP AND REMOVAL OF EQUIPMENT
45.1 The Contractor shall at all times keep the Project site free from accumulation of
waste materials or rubbish caused by the Contractor's operations. At the
completion of the Project, the Contractor shall remove all its waste materials and
rubbish from and about the Project, as well as its tools, construction equipment,
machinery, and surplus materials. If the Contractor fails to clean up at the
completion of the Project, the City may do so, and the cost thereof shall be charged
to the Contractor.
45.2 The City's Right to Clean Up
If a disp ute arises between the Contractor and separate contractors as to the
responsibility for cleaning up, the City may clean up and charge the cost thereof to
the contr actors responsible therefore as the Project Manager shall determine to be
just.
45.3 Removal of Equipment
In case of termination of this Agreement before completion for any cause whatever ,
the Contractor, if notified to do so by the City, shall promptly remove any part or all
of the Co ntractor's equipment and supplies from the property of the City, failing
which the City shall have the right to remove such equipment and supplies at the
expense of the Contractor.
ARTICLE 46 BONDS, INDEMNIFICATION , AND INSURANCE
Within fifteen (15) calendar days of being notified of the award of this Project, the Contractor
shall furnish a Performance and Payment Guaranty consisting of either:
46.1 Performance and Payment Bond (Surety)
Intentiona lly Omitted.
46.2 Performance and Payment Guaranty
Intentiona ll y Omitted.
46.3 Qualifications of Surety
Intentiona lly Omitted.
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46.4 Indemnif ication of the City
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
46.4.1 The Contractor shall indemnify and hold harmless the City, its officers,
and employees from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorneys' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the
Contractor and other persons employed or utilized by the Contractor in
the performance of the Contract. The indemnification herein is limited to
the greater of the Insurance of the Contractor for such claim or Five Million
Dollars ($5,000,000.00), whichever is greater. Regardless of the
foregoing, this provision shall be limited by Section 725.06, Florida
Statutes.
46.4 .2 The indemnification provided above shall obligate the Contractor to
defend at its own expense to and through appellate, supplemental, or
bankruptcy proceeding, or to provide for such defense, at the City
Attorney's option, any and all claims of liability and all suits and actions of
every name and description that may be brought against the City that may
result from the operations and activities under this Agreement, whether
performed by the Contractor, its subcontractors, its consultants, or by
anyone directly or indirectly employed by any of the above.
46.4.3 The execution of this Agreement by the Contractor shall obligate the
Contractor to comply with the foregoing indemnification provision;
however, the collateral obligation of insuring this indemnity shall be
complied with as set forth in Article 46.4.
46.5 Insurance
The Con t ractor shall provide, pay for, and maintain in force at all times during the
Project such insurance, including Workers' Compensation Insurance, Employer's
Liability Insurance, Comprehensive General Liability Insurance, and shall provide,
pay for, and maintain in force at all times during the Project Professional Liability
Insurance to assure to the City the protection contained in the foregoing
indemnification and save harmless clauses undertaken by the Contractor. The
Comprehensive General Liability Policy shall clearly identify the foregoing
indemnification and save harmless clauses by the additional named insured
endorsement under this Article.
Such policy or policies shall be issued by companies authorized to do business in
the State of Florida and have a resident agent licensed in Florida. The Contractor
shall specifically protect the City by naming the City as an additional named
insured under the Comprehensive General Liability Insurance Policy hereinafter
described. The Professional Liability Policy or certificate and the bond shall
reference this Project.
46 .5.1 Professional Liability (Errors and Omissions)
Intentionally Omitted.
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46.5.2 Workers' Compensation Insurance to apply to all employees in
compliance with the "Workers' Compensation Law" of the State of Florida
and all applicable federal laws. In addition, the policy(ies) shall include
Employer's Liability with limits of One Million Dollars ($1,000,000.00) each
accident, One Million Dollars ($1,000,000.00) each disease, and One
Million Dollars ($1,000,000.00) aggregate by disease.
46.5.3 Comprehensive General Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability shall include:
a. Premises and/or Operations on an occurrence basis.
b. Independent contractors.
c. Products and/or Completed Operations Liability on an occurrence
basis.
d. Explosion, Collapse, and Underground Coverages.
e. Broad Form Property Damage.
f . Broad Form Contractual Coverage applicable to this specific
Agreement, including any hold harmless and/or indemnification
agreement.
g. Personal Injury Coverage with Employees and Contractual
Exclusions removed with minimum limits of coverage equal to those
required for Bodily Injury Liability and Property Damage Liability.
46.5.4 Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage shall be afforded on a
form no more restrictive than the latest edition of the Business Automobile
Liability Policy, without restrictive endorsements, as filed by the Insurance
Services Office and shall include:
Owned vehicles.
Non-owned and hired vehicles.
46.5.5 Builder's Risk Insurance
Intentionally Omitted.
46.5.6 Notice of Cancellation, Expiration, and/or Restriction: The policy(ies) shall
be endorsed to provide the City with thirty (30) calendar days' advanced
written notice of cancellation, expiration, and/or restriction to the attention
of the Project Manager, c/o Risk Management Coordinator, City of Palm
Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, Florida
33410.
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Infrastructure Work for Public Safety Training Complex
46.5.7 The Contractor shall furnish to the Project Manager Certificate(s) of
Insurance evidencing the insurance coverages required herein prior to
final award by the City Council. Such certificate(s) shall reference this
Agreement. The City reserves the right to require a certified copy of such
policies upon request. All certificates shall state that the City shall be
given thirty (30) calendar days' prior written notice of cancellation and/or
expiration.
46.5.8 The official title of the Owner is "City of Palm Beach Gardens." This official
title shall be used in all insurance or other legal documentation. The City
is to be included as an "Additional Insured" with respect to liability arising
out of operations performed for the City by or on behalf of the Contractor
or acts or omissions of the Contractor in connection with such operation.
ARTICLE 47 MISCELLANEOUS
47.1 Royalties and Patents
All fees, royalties, and claims for any invention, or pretended invention, or patent
of any article, material, arrangement, appliance, or method that may be used upon
or in any manner be connected with the construction of this Project or
appurtenances, are hereby included in the prices stipulated in this Agreement for
the Project.
47.2 Rights of Various Interests
Whenever work being done by the City's forces or by other contractors is
contiguous to work covered by this Agreement, the respective rights of the various
interests involved shall be established by the Project Manager to secure the
completion of the various portions of the work in general harmony.
47.3 Ownership of Documents
Drawings, specifications, designs, models, photographs, computer CADD discs,
reports, surveys, and other data provided in connection with this Agreement are
and shall become and remain the property of the City whether the Project for which
they are made is executed or not. At the completion of the Project, as a part of the
Project closeout, copies of all drawings on CADD shall be transmitted by the
Contractor to the Project Manager in addition to the as-built drawings (Mylars).
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47.4 No Contingent Fee
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
The Contractor warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Contractor, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working
solely for the Contractor, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this provision, the City shall have the
right to terminate this Agreement without liability at its discretion, to deduct from
the contract price, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
47.5 Representative of the City and the Contractor
47.5.1 It is recognized that questions in the day-to-day conduct of the Project will
arise. All communications pertaining to the day-to-day conduct of the
Project shall be addressed to the Project Manager.
47.5.2 The Contractor shall inform the Project Manager in writing of the
representative of the Contractor to whom matters involving the day-to-day
conduct of the Project shall be addressed.
47.6 All Prior Agreements Superseded; Amendments
The Contract Documents incorporate and include all prior negotiations,
correspondence, conversations, agreements, or understandings applicable to the
matters contained herein, and the parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Agreement
that are not contained in the Contract Documents. Accordingly, it is agreed that
no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
It is further agreed that no modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
4 7. 7 Notices
Whenever either party desires to give notice unto the other, it shall be given by
written notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified; and the
place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. For the present,
the parties designate the following as the respective places for giving of notice, to-
wit
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47.7 .1 As to the City:
47.7.2 With a copy to:
47.7.3. As to the Contractor:
47.8 Truth-In-Negotiation Certificate
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Facsimile: (561) 799-4111
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Email : mlohman@pbgfl.com
D.S. Eakins Construction Corporation
1481 Kinetic Road
Lake Park, Florida 33403
Attn: Douglas S. Eakins
Email : doug@dseakins.com
Signature of this Agreement by the Contractor shall act as the execution of a truth-
in-negotiation certificate stating that wage rates and other factual unit costs
supporting the compensation of this Agreement are accurate, complete, and
current at the time of contracting. The original Contract Price and any additions
thereto shall be adjusted to exclude any significant sums by which the City
determines the Contract Price was increased due to inaccurate, incomplete, or
noncurrent wage rates and other factual unit costs. All such contract adjustments
shall be made within one (1) year following the end of this Agreement.
47.9 Interpretation
The parties hereto acknowledge and agree that the language used in this
Agreement expresses their mutual intent, and no rule of strict construction shall
apply to either party hereto. The headings contained in this Agreement are for
reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement. All personal pronouns used in this Agreement
shall include the other gender, and the singular shall include the plural, and vice
versa , unless the context otherwise requires. Terms such as "herein, "hereof,"
"hereunder," and "hereinafter" refer to this Agreement as a whole and not to the
particular sentence, paragraph, Section, or Article where they appear, unless the
context requires otherwise. Whenever reference is made to a Section or Article of
this Agreement, such reference is to the Section or Article as a whole, including all
of the subsections and subparagraphs of such Section or Article, unless the
reference is expressly made to a particular subsection or subparagraph of such
Section or Article.
4 7 .10 Condition Precedent to Agreement
Intentionally Omitted .
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Infrastructure Work for Public Safety Training Complex
47.11 Environmental Regulations
The City reserves the right to consider a contractor's history of citations and/or
violations of environmental regulations in investigating a contractor's responsibility,
and further reserves the right to declare a contractor not responsible if the history
of violations warrants such determination in the opinion of the City. The Contractor
shall notify the City immediately of notice of any citation or violation that the
Contractor may receive during the time of performance of this Agreement.
47.12 Applicable Law and Venue
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Venue for litigation concerning this
Agreement shall be in Palm Beach County, Florida.
4 7 .13 Public Entity Crime Statement
The Contractor acknowledges the existence of Section 287.133(2)(a), Florida
Statutes ("Public Entity Crimes Act"), which provides, in part, that a person or
affiliate who has been placed on the Convicted Vendor List following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods
or services to the City; may not submit a bid on a contract with the City for the
construction or repair of a public building or public work; may not submit bids on
leases of real property to the City; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with the City;
and may not transact business with the City in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for Category Two for a period of
thirty-six (36) months from the date of being placed on the Convicted Vendor List.
Violation of this Section by the Contractor shall result in termination of this
Agreement by the City without penalty.
47.14 Joint Preparation
The preparation of this Agreement has been a joint effort of the parties, and the
resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other by virtue of the
fact that it may have been physically prepared by one party or its attorneys.
47.15 Severance
In the event this Agreement or a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless the City or the Contractor elects to terminate this Agreement. The
election to terminate this Agreement based upon this provision shall be made
within seven (7) calendar days after the finding by the court becomes final.
47.16 Waiver
No waiver of any provision of this Agreement shall be effective unless it is in writing,
signed by the party against whom it is asserted, and any such written waiver shall
only be applicable to the specific instance to which it relates and shall not be
deemed to be a continuing or future waiver.
Page I 39 of 42
47.17 Drug-Free Workplace
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
Execution of this Agreement by the Contractor shall serve as the Contractor's
certification that it either has or that it will establish a drug-free workplace
consistent with Chapter 112.0455, Florida Statutes.
4 7 .18 Conflicts
Neither the Contractor nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with the Contractor's loyal and conscientious exercise
of judgment related to its performance under this Agreement.
The Contractor agrees that none of its employees shall, during the term of this
Agreement, serve as an adverse or hostile expert witness against the City in any
legal or administrative proceeding in which he or she is not a party, unless
compelled by court process, nor shall such persons give sworn testimony or issue
a report or writing, as an expression of his or her opinion, which is adverse or
prejudicial to the interests of the City in any such pending or threatened legal or
administrative proceeding. The limitations of this Article shall not preclude such
persons from representing themselves in any action or in any administrative or
legal proceeding regarding this Agreement.
In the event the Contractor is permitted to utilize subcontractors to perform any
services required by this Agreement, the Contractor agrees to prohibit such
subcontractors, by written contract, from having any conflicts as within the meaning
of this Article.
ARTICLE 48 SALES TAX INFORMATION
48.1 The Owner Direct Special Conditions (Sales Tax Information) are incorporated
herein by reference .
ARTICLE 49 PUBLIC RECORDS
49.1 Pursuant to Chapter 119, Florida Statutes, the Contractor shall comply with the
public records law by keeping and maintaining public records required by the City
of Palm Beach Gardens in order to perform the service. Upon request from the
City of Palm Beach Gardens' custodian of public records, the Contractor shall
provide the City of Palm Beach Gardens with a copy of the requested records or
allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law. The Contractor shall ensure that public records that
are exempt or confidential and exempt from public records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term
and following completion of the contract. Upon completion of the contract, the
Contractor shall transfer, at no cost, to the City of Palm Beach Gardens all public
records in possession of the Contractor or keep and maintain public records
Page I 40 of 42
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
required by the City of Palm Beach Gardens in order to perform the service. If the
Contractor transfers all public records to the City of Palm Beach Gardens upon
completion of the contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to
the City of Palm Beach Gardens, upon request from the City of Palm Beach
Gardens' custodian of public records, in a format that is compatible with the
information technology systems of the City of Palm Beach Gardens.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT THE OFFICE OF THE CITY CLERK
LOCATED AT 10500 NORTH MILITARY TRAIL, PALM BEACH
GARDENS, FLORIDA 33410, PHONE NUMBER (561) 799-4122,
EMAIL ADDRESS: PSNIDER@PBGFL.COM .
(The remainder of this page intentionally left blank)
Page 141 of 42
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
IN WITNESS WHEREOF, the parties hereto certify that they have read and understand
this Agreement and all Contract Documents and attachments hereto and have caused this
Agreement to be executed by their duly authorized officers on the date hereinabove first written .
ATTEST:
By: ____________ _
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
WITNESSES:
By: ___ -+~~'-+----i~.----.---:-r---
Print Name: c
By:7:~~
Print Na me:Esme& C!.cll.\~'?
CITY OF PALM BEACH GARDENS, FLORIDA
By: ________________ _
Maria G. Marino, Mayor
G:\attorney_share\AGREEMENTS\2017\Eakins-Public Safety Trng Complex-A2017-128PS Agreement.docx
Page I 42 of 42
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
EXHIBIT "A"
PALM BEACH GARDENS
':4 llllique p/«t to live, lean,, work & play"
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
PUBLIC NOTICE -RECOMMENDATION TO AWARD
DATE: November 19, 2014
SOLICITATION NO.: ITB2014-031PW
TITLE: Miscellaneous Public Works Projects
Notice is hereby given that the City of Palm Beach Gardens has completed its evaluation of offers
received for the above-mentioned Solicitation. The City Manager or designee has recommended
award of the contract to the following Bidders:
NAME OF VENDOR: Primary and Secondary Vendors as per each Item Awarded
(See attached Bid Tabulation)
i. M&M Asphalt maintenance, Inc.
ii. DS Eakins Construction Corporation
iii. Ranger Construction Industries, Inc.
iv. B&B Underground Contractors, Inc.
v. Hinterland Group, Inc.
vi. Estep Construction, Inc.
vii. Ferreira Construction Southern Division Co., Inc.
viii. Murray Logan Construction, Inc.
ix. Dunworth Construction, Inc.
ESTIMATED CONTRACT
VALUE: Two Million Dollars ($2,000,000)
CONTRACT TERM: Three (3) Years with the Option to Renew an Additional Three (3) Years
Per:
~f ~' CPPO, CPPB, CPSM, C.P.M., CAP-OM, CPCP
Purchasing and Contracts Director
c: Patty Snider, CMC
City Clerk
Attachment: Final Bid Tabulation with Per Item Award Information
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.----------------------------------------------------··--
TO:
PALM BEACH GARDENS
':4 IDliqw place to /Jw, l111T11, work cl plq"
CITY OF PALM BEACH GARDENS
PURCHASING DEPARTMENT
SOLICITATION ADDENDUM
Addendum No. 5
All Potential Bidders
DATE: November 12, 2014
SOLICITATION NO.: ITB2014-031PW
TITLE: Miscellaneous Public Works Projects
BID OPENING DATE: Friday, November 14, 2014 @ 3:00PM
This Addendum is and does become a part of the above-mentioned Solicitation.
The following questions were received from a potential bidder and the responses are provided as
shown:
Question 1:
Response:
Question 2:
Response:
Question 3:
Response:
I am not sure what the meaning of the "PROMPT PAYMENT
TERMS % DAYS NET __ DAYS" in section 6 page 37, and while filling in
line items the contractor is not bidding on what should the space be filled in with?
You only need to complete this section if you are offering the City a discount for paying
early.
For the items not being bid on are we supposed to write no bid or put a dash or a O?
You should write "No Bid".
On the new pricing schedule is there no extended value?, as an example 200 units of
something at $2.00 per unit extended to$ 400.00? Do we only give the unit price?
You should write the unit price, as shown in the Invitation to Bid. As stated in previous
addenda, the Excel version was provided to facilitate easier completion at the request of
a potential bidder.
All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply,
except to the extent herein amended.
fl,..[ ~. CPPO, CPPB, CPSM, C.P.M., CAP-OM
Purchasing and Contracts Director
Page 1 of 1
TO:
SOLICITATION NO.:
TITLE:
BID OPENING DATE:
P AL M B EACH G A R DENS
',f IIIIUlW place to Ii~. learn, wort & play"
CITY OF PALM BEACH GARDENS
PURCHASING DEPARTMENT
SOLICITATION ADDENDUM
Addendum No. 4
All Potential Bidders
ITB2014-031PW
Miscellaneous Public Works Projects
Friday, November 14, 2014 @ 3:00PM
DATE: November 10, 2014
This Addendum is and does become a part of the above-mentioned Solicitation.
The following questions were received from potential bidders and the responses are provided as
shown:
1) Question 1:
Response:
Should items 88 & 90 read " ... nine (9) feet or more in depth ... " rather than
"less?"
Items 88 and 90 should read: " ... nine (9) feet or MORE in depth ... "
All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply,
except to the extent herein amended.
~f ~, CPPO, CPPB, CPSM, C.P.M., CAP-OM
Purchasing and Contracts Director
Page 1 of 1
PALM BEACH GARDENS
')I IDIN/W place to /iw,, 1nm, wtri cl plq"
CITY OF PALM BEACH GARDENS
PURCHASING DEPARTMENT
SOLICITATION ADDENDUM
Addendum No. 3
DATE: October 28, 2014
TO: All Potential Bidders
SOLICITATION NO.: ITB2014-031PW
TITLE: Miscellaneous Public Works Projects
NEW OPENING DATE: Friday, November 14. 2014@3:00PM
This Addendum is and does become a part of the above-mentioned Solicitation.
The following questions were received from potential bidders and the responses are provided as
shown:
Question 1:
Response:
Question 2:
Response:
Question 3:
Response:
Question 4:
Response:
Page 1 of 2
Page 1 -Item #17 -Aluminum Handrails. Can you give an FDOT index# i.e. Index 862, Or
Index 822 etc?
Please use FOOT Standard Index 862 -42" Pedestrian/Bicycle Railing.
Page3 Item #57 & 58 -Guardrail * Guardrail with end treatment. What type of guardrail
is this -an FDOT Index# would help.
Please use FOOT Index FOOT Standard Index 400 for the guard rail.
Item 13 -Furnish and Install 6" stamped concrete with wire. Shouldn't description say
"Furnish and Install 6" stamped concrete without wire" since item 12 has with wire
already?
In Item 13 should read "WITHOUT wire" as shown in the /TB. The error is on the Revised
Pricing Schedule and occurred when the information was transposed to Excel format at
the request of a potential bidder. The Revised Pricing Schedule DOES NOT supersede the
descriptions in Schedule in the 1TB, except as may be amended in an addendum. It is
only provided in the Excel format to assist bidders who wish to submit the information in
that manner.
Item 16 -Furnish and Install ADA-compliant detectable surface has the unit described as
linear foot (LF). Shouldn't the unit be per square foot (SF)?
Yes, the Unit price should read Square Feet (SF).
Question 5: Item 57 -FOOT guard rail with no end treatment has the unit described as feet (FT).
Shouldn't the unit be per linear foot (LF)?
Response: Yes, the unit should be changed to Linear Feet (LF) per FOOT index 400.
Question 6: Item 58 -FOOT guard rail with end treatment has the unit described as feet (FT).
Shouldn't the unit be per linear foot (LF)? Describe the end treatment due to many
types available with wide range of pricing.
Response: Yes, the unit should be changed to Linear Feet (LF) per FOOT index 400.
Question 7: Item #86a-6" Solid White Paint. Explain the unit measure (NM) described.
Response: The unit should be changed to linear Feet (LF).
Question 8: Item #86b -6" Solid White Thermo. Explain the unit of measure (NM) described.
Response: The unit should be changed to linear Feet (LF).
Question 9: Item #86d -8" Solid White Thermo. Explain the unit of measure (NM) described .
Response: The unit should be changed to linear Feet (LF).
Question 10: Item #861-6" Solid Yellow Paint. Explain the unit of measure (NM) described.
Response: The unit should be changed to linear Feet (LF).
Question 11: Item #86m -6" Solid Yellow Thermo. Explain the unit of measure (NM) described.
Response: The unit should be changed to linear Feet (LF).
Question 12: Item #95 -Material's Markup. Provide better description for unit price from quantity
and unit of measure. Are we providing a percentage of what quantity for example?
Response: The materials mark up includes materials that are not listed under this contract but may
be required to complete similar type work valued up to $50,000. The mark up provides
for payment to the contractor for ordering and handling the required materials to
complete a specific job the City may need. An example would be if the City has an
irrigation pump station that the intake pipe collapsed and burnt out the motor. The City
would pay unit prices for the intake line replacement but may want the contractor to buy
and replace the motor as well. The City would pay the price of the motor and the
percentage mark up specified in this line item for handling the item and the hourly rate
to install the motor.
Please see attached Revised Pricing Schedule -2"d Revision, with the above revisions.
All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply,
except to the extent herein amended.
fl,,.! ~, CPPO, CPPB, CPSM, C.P.M., CAP-OM
Purchasing and Contracts Director
Attachment
Page 2 of 2
ITB2014-031PW
Section 4, Pricing Schedule (Excel)
NO. OESCRIPTION QUANTITY UNIT UNIT PRICE
SCHEDULE Of VALUES AND RATES
AnuolSpedflc W°"'
1 Removal, saw cut, and disposal of 4" thkk concrete 1,000 SF
2 Removal. saw cut, and disposal of&· thick concrete 1,000 SF
3 F&I, 4• concrete with wire 1,000 SF
• F&I, 4" concrete without wire 1,000 SF
5 F&I, 4• concrete with polypropytene fiber mix reinforce 1,000 SF
• F&I, 5• concrete with polypropytene fiber mix reinforce 1,000 SF
7 F&I, &· concrete with wire 1,000 SF
8 F&I, s• concrete without wire 1,000 SF
9 F&I, 6" pervlous concrete 1,000 SF
10 F&I, 4• stamped concrete with wire SOD SF
11 F&I, 4" stamped concrete without wire SOD SF
12 F&I, 6" stamped concrete with wire SOD SF
13 F&I, 6" stamped COflcrete without wire 500 SF
1" F&I, r pervious concrete 1,000 SF
15 F&I, FOOT conaete bumper 1uard so EA
16 F&I, ADA-compliant detectable surface 50 SF
17 F&I, ADA-compliant welded -'umlnum handrail 100 LF
18 F&I , FDOTType "A" C1Jrb-by hand 200 LF
19 F&I, FOOT Type "A"curb-by machine 200 LF
20 F&I, FOOT Type "B" curb· by hand 200 LF
Z1 Fir.I, FOOT Type "B" curb -by machine 200 LF
22 F&I, FOOT Type ·o· curb -by hand 200 LF
23 F&I, FOOT Type "D" curb· by machine 200 LF
2• F&I, FOOT Type "E" curb· by hand 200 LF
25 F&I, FDOT Type•£• curb· by machine 200 LF
26 F&I, FDOT Type •F• curb· by hand 200 LF
27 F&I, FDOT Type "F• curb· by machine 200 LF
28 F&I, FOOT Valley Gutter -by hand 200 LF
29 F&I, FOOT va lley Gutter· by machine 200 LF
30 F&I, FOOT Shoulder Gutter • by hand 200 LF
31 F&I, FOOT Shoulder Gutter -by machi ne 200 LF
32 F&I, FOOT asph•ltlc concrete curb 500 " 33 F&I, conduit -2• (ts• • 24• depth) 1,000 " 34 lnstaUation only of conduit -r (18 •• 24· d•pth) 1,000 " 35 F&I, conduit-4" (18" -24" depth) 500 " 36 F&I, conduit-6" (18". 24" depth) 500 LF
37 F&I, conduit-2" (24" -36" depth) 1,000 " 38 Installation only of conduit -2" 12'" -36" depth) 1,000 LF
30 F&I, conduit -4" (24" -36" depth) 500 " 40 F&I, conduit -6" (24" -36" depth) 500 " .. F&I, 2' It 2' pull boxes (includes WttPS and 1round rods) 20 EA
42 Installation 2' x 2' pull boxe,s 20 EA
43 F&I, pull win! wtthln conduit l ,000 LF .. F&I, tracin& wire w ithin conduit (Ill Cu) 500 " 45 Suppty, place and compact dun flll 2,000 CY .. F&I, l\itural stone rlpnp w/filter fabric 50 TN
47 F&I, broken conaete rlpr1p w/fltter fabric 50 TN
48 supply and install sand-cement riprap w/fllter fabric 50 CY
49 Special saw wts for pavement and concrete 200 lF
so Removal and disposal of exi5ting driveway culvert pipe 10 " 51 F&I, Bahia sod -u p to 1,000 SF 1,000 SF
52 F&I, Bahia sod-over 1,000 Sf 20,000 SF
53 F&I, Floratam sod -up to 1,000 SF 1,000 SF
54 F&l , Floratam sod -over 1,000 Sf 20,000 SF
55 F&I. FOOT seed and muldl miK 20,000 SF
56 Furnish operJ,tor, watl'f' truck and lrrt11t1 sod or SHd mb "" 57 FDOT 1uard rail with no end treatment 100 LF .. FOOT iuard rall wtth end treatment 100 lf
59 Re-grade swales -up to 1,000 CY 1,000 CY
60 A~de swa~ -0ttr 1,000 CY 4,000 CY
61 canal wash out repair (iind and slit) 10 CY
62 Canal e!CCilViltion (60' ROW) -up to 1,000 C'f 1,000 CY
63 Canal en:avation (100' ROW) -up to 1,000 CY 1,000 CY .. Canal eKCavation 10' ROW) -OVff 1,000 CY 4,000 CY
65 Canal eKCavation (100' ROW) -over 1,000 CY 4,000 CY
66 Lake canal bank restoratkln (wash out repairl 10 CY
67 F&l, Type SIii asphait overtay -1 • 7,000 TN .. Mill eJdstin1 pavement 13/4• -1 • avg) 10,000 SY
69 P.vement replacement w/r Type S 1,000 SY
70 ~just n,anoo,e to arade 5 EA
71 ~Kk and bore· 4• 200 " 72 Directional bore • 4• 200 " 73 lJKk and bore -6" 200 " 74 Directional bore -6" 200 " hverMntMartlna:
75 [Thermoplastic Pavement Markln1, Compound Lines . W1ilk, 6 . 20,000 " Ytllow,6• 10,000 " < Whlte,a • 1,000 " d Wh/fe,ll" 2,000 " • Whitt, 18" 1,000 " Yellow, 18" 1,000 " • Whltr,14 " 500 " 76 Arrows and Messa1es • White Onty, Furnish & lnmll
• Tum arrow 50 EA
b Straight orrow ,0 EA
< Straight/Tum arrows; combination 20 EA
d ~message 10 EA
• RXRmessoge EA
School message 10 EA
I Onl),-EA
h U-Tum~ss.ooe 10 EA
I Bike ~ symbol (diamond, arrow) 20 EA
Handicap mn5a~ 40 EA
n Raised ReflectM Pavement Marten • Thumoplastk
• R«I and ambitr; bklinctionol 200 EA
b Am~,; bi-dirtttlonal 400 EA
< White and rtd; bf-dlrtttlonol 1,600 EA
78 Raised Reflecti~ Pavement Marken • Epoxy
• Rtd and ambn; bl-dlredionol 200 EA
Ambrr;bl-dir«tional ,0 EA
< Whitt and rffl; bi-di~ctionol 40 EA
79 Traffic; Paint lines . Whlte,4" 20,000 " b Ydlow,•" 10,000 "
C Whftt ,6" 20,000 If
d Block, 6• 200 If . Slut, 6" 200 If
f Yd/ow, 6" 10,000 LF
• Whttt,18· 200 If
h Whitt,U" 2,000 If
I Ytllow,Jr 200 If
I Whltt, 14• 1,000 LF
80 !Arrows and Mes.sages · White {furnish and Install)
I ~traight/Combo Arrow 20 EA
b Tum arrow 50 EA
C Mtssogt {Only; School; Mt~ and Stto/oht Arrow} 10 EA
d 6" Numbffs (Prr Olgit) 10 EA . r Numbffs (Pff Digit} 10 EA
f 10· NumMrs (hr Digit} 10 EA
I U "N urnMrs(~rC>igft) 10 EA
h 14" Num~rs (~r Digit} 10 EA
II Fire Lane and No Parting Mess.a1es • Yellow
I ~ • Lttttrs (Per Lrtter} 40 EA
b 6"Lttttrs(hrLmerJ 40 EA
C a·uttns(Prrl.ffler} 40 EA
d 12" l ntrn (~ Lttttr) 40 EA . l-4 'Ltttff'S(i'rrUtttr/ 100 EA
12 P~ment marting re~•I
I Traffic Point 200 Sf
b Thttmoplastic 500 Sf
C Cold (Prr:fonntd} Plastic 10 SF
d Con.structb, To~ 500 LF
• Pavrmmt morkm 400 EA ., Preform~ (Cold) Plastic (Install Only)
I Whit~ 24" 100 lF
b MtSSOQt (Only; Sdlool; Mt~; U-Turn; 81kt LaM; ttc.} 20 EA
C Tum arrow 40 EA .. Preformed (Cold) Plastic (F umilh and Install) . Whitt or Yellow, 6" 500 lF
b Whitt, 8" 200 lF
C WMt or YtHow, J2" 400 LF
d Whitt or Yello w, 18" 200 Lf
• White, 24 • 100 Lf
f Mnsage (Only; School; Me~; Ramp; U-Tum; ttc.} 20 Lf
• Tum orrow 50 Lf
85 Miscellaneous (Fumlsh and Install)
I Thttmoplamc Rumblf! Strips (Inda S18} 15 EA
b 9"ContrPstt~ 200 Lf
C Flt>dbl<Dtll-.(AJITypts} 30 EA
d Foll Bock To~ 200 Lf
86 Items for FOOT Projects Only . 6" Solid Whitt Point 10,000 Lf
b 6" Solid White' Thermoplastic 10,000 Lf
C 8" Solid Yd/ow Paint 500 Lf
d a• Solid Whltf! Thermoplosrlc 1,000 Lf . 8" Solid Ydlow Thermoplastic 1,000 Lf
f 12" Solid White Point 800 Lf
• 1r Solid Whfte Thermoplastic 800 Lf
h 18 " Solid Whitt Paint 200 lF
I 18 " Solid Whitt Thermoplastic 200 Lf
j 24" Solid Whitt Point 800 Lf
k 24 " Solid Whitt Thermoplastic 800 Lf
I 6" Solid Yd/ow Paint 5,000 Lf
m 6" Solid Yd/ow Thermoplastic 5,000 Lf
n 18" Solid Yftlow Point 200 Lf
0 18n Solid Ytllow Thermoplastic 200 Lf
p l2x4 Skips Whik Paint 3,000 Lf
q llx4 Skips White ~oplostlc 3,000 lF
r 6x10 Skips White Paint 3,000 Lf . 6x10Sklps White~ 3,000 LF
t 1Dx30 SkJP5 White Point 1,500 Lf
u 1Dx30 Skip$ White Tlwrmoplastic 1,500 Lf
V 2x4 Skips Ydlow Point 1,000 Lf
w 2x4 Skips Yrilow Thermoplastic 1,000 Lf . 6x10 Skips Yeollow Point 1,500 LF
V 6K10 Skips Yrltow ~rmoplostic 1,500 LF
I Refl«tlvt pa.,rfflffltMarters 400 EA .. Dirffllonal Arrnws Point 20 EA
ab Dlr«tloflar Am>ws Thermo 20 EA
I< Blltt /ant Symbol w/A"ows Cold Plastk 30 sm
Id Pow1mnr ~Pc,fnt 10 EA .. Rtft«tiw: Point · Island No~ • Whitt • sv
Cnwl and Equipment
17 Construction Crew "A· 500 HR
88 Construction Crew "B" 500 HR
•• Construction Crew •c• 500 HR
90 Construction Clew "O" 500 HR
11 Infiltration Drainaae Crew 300 HR ., Wellpoint System 300 HR
03 Asphalt Rem0\/11 and Restoration 10,000 SF .. Dump Truck (15 -20 CY) 200 HR
SUB-TOTAL:
95 MatfflalJ. Mark-up(• $50,000) sso,ooo "
GRAND TOTAL (MSE BID PR1a)
SCHEDULE OF EQUIPMENT AND OPUtATOR RATES
1 3-Man Crew w/Plckup Truck HR
2 $-Man CrN w/Pickup Truck HR
3 Supefviso, HR
• Foreman HR
5 W~er HR
6 Skilled L:aborer HR
7 Day ~borer (Unskilled) HR
• Gradall HR
• Skid Loader HR
10 Rubber Tire ~ckhoe/loMfer HR
11 TtM:k backhoe HR
12 Dump Truck HR
1) Ratbed w/TrKtor HR ,. Aatbod HO
15 Wellpoint System HR
" Jet Pump HR
17 Hydraulic Submerslble Pump HR
18 Welding machine HR
19 Portable Generator ~ HR
20 Quick Cut Saw i HR
Z1 Asphalt/Concrete Saw I ,-HR
Z2 s~ Wheel Roller --' I HR
23 Plate Tamper '·-HR
24 Chain Saw/Dft>rls Oeartna: Hand Equipment HR . Contractor's Representatlve{s)
b J'Telephone Numbef'(s)
C Email Address(es)
PALM BEACH GARDENS
':f uniqw plau to live, learn, wont 4 plq"
CITY OF PALM BEACH GARDENS
PURCHASING DEPARTMENT
SOLICITATION ADDENDUM
Addendum No. 2
TO: All Potential Bidders
SOLICITATION NO.: ITB2014-031PW
TITLE: Miscellaneous Public Works Projects
NEW OPENING DATE: Friday. November 14. 2014@ 3:00PM
This Addendum is and does become a part of the above-menti oned Solic itation .
DATE: October 24, 2014
The Due Date/Opening Date for Bids has been extended to Friday, November 14, 2014 @ 3:00PM.
All other terms, covenants and cond itions of the su bject so licitation and any addenda issued thereto shall apply,
except to the extent herein amended.
fl,,,.[ ~, CPPO, CPPB, CPSM, C.P.M., CAP-OM
Purchasing and Contracts Director
TO:
PALM BEACH GARDENS
·~ lllriqw place 10 /;w,, lam, -'* cl plq"
CITY OF PALM BEACH GARDENS
PURCHASING DEPARTMENT
SOLICITATION ADDENDUM
Addendum No. 1
All Potential Bidders
DATE: October 13, 2014
SOLICITATION NO.: ITB2014-031PW
TITLE: Miscellaneous Public Works Projects
OPENING DATE: Friday, October 31, 2014 @ 3:00PM
This Addendum is and does become a part of the above-mentioned Solicitation.
The following questions were received from potential bidders and the responses are provided as
shown:
Question 1:
Response:
Question 2:
Response:
Question 3:
Response:
Question 4:
Response:
Is the intention of the City to have the prime contractor quote all items listed?
Please see Section 2.6, Method of Award: Multiple Vendors by Item.
Can you please provide the bid proposal items in excel format.
Please see attached Pricing Schedule in Excel. Bidders may submit its price offers using
the spreadsheet format or the original word processing table in the Invitation to Bid.
The contract states that Palm Beach Gardens "MAY" require the awarded contractor to
have a performance bond on certain projects but near the end of the bid package is a
bond or credit outline are these just samples in case you do require one in the future?
As an aside to be very difficult to get a performance bond when the contract states in
paragraph 3.1 that there is no promise of work.
The bond forms are in the /TB as samples, and should not be completed. As per the /TB,
a bond may be requested in the future based on the specifics of each subsequent project.
Can you please provide a budget or engineers estimate for this project.
There is no engineer's estimate for this solicitation. This solicitation comprises many
projects throughout the year, some planned and some unplanned. The /TB seeks to
establish the vendors and prices to be used for those future projects.
All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply,
except to the extent herein amended.
f(,,,..f ~, CPPO, CPPB, CPSM, C.P.M., CAP-OM
Purchasing and Contracts Director
Attachment
1TB NO.: ITB2014-031PW
DUE DATE: OCTOBER 31, 2014
INSTRUCTIONS
PALM BEACH GARDENS
':4 unique place lo live, leam, work & play"
The City of Palm Beach Gardens
10500 North MIiitary Trail
Palm Beach Gardens, FL 33410
PURCHASING DEPARTMENT
INVITATION TO BID
TITLE: MISCELLANEOUS PUBLIC WORKS PROJECTS
TIME: 3:00PM
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, 1TB number, due date for bids, and the title of the bid. Included in the envelope shall be one (1)
original and two (2) copies of the bid, and one (1) electronic version on CD. The original should be marked
"ORIGINAL". Each copy must be identical to the original and the file format on the CD should be in Portable
Document Format (pdf).
BROADCAST
The City of Palm Beach Gardens utilizes electronic online services for notification and distribution of its solicitation
documents. The City's solicitation information can be obtained from: a) Public Purchase -Please contact Public
Purchase at support@publicpurchase .com ; www.publicpurchase.com ; or call 801-932-7000 for additional
information on registration; b) Demand Star -Please contact Demand Star 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/purchasing 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. Demand Star 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
PALM BEACH GARDENS
':A unique place to live, learn. work & play "
The City of Palm Beach Gardens
10500 North Mllltary Trail
Palm Beach Gardens, FL 33410
LEGAL ADVERTISEMENT
INVITATION TO BID NO. ITB2014-031PW
MISCELLANEOUS PUBLIC WORKS PROJECTS
Oty of Palm Beach Gardens
Invitation to Bid No. ITB2014--031PW
Miscellaneous Public Works Projects
The City of Palm Beach Gardens is seeking bids from qualified firms to perform miscellaneous public
works projects, in accordance with the terms, conditions, and specifications contained in this
Invitation to Bid.
Invitation to Bid documents are available beginning Monday, October 6, 2014, at 8:00 a.m. local time
on the City of Palm Beach Gardens website at http://www.pbgfl.com and following the links for
Demand Star or Public Purchase, or by contacting the City Clerk's Office at (561} 799-4121.
Sealed bids must be clearly marked "ITB2014-031PW, Miscellaneous Public Works Projects" and
delivered to the Office of the City Clerk at 10500 North Military Tra il, Palm Beach Gardens, Florida
33410. The deadline for submission of bids is Friday, October 31, 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, October 5, 2014
Page I 2
1.
2.
3.
4.
5.
6.
7.
8.
9.
Page I 3
TABLE OF CONTENTS
SECTION
General Terms and Conditions
Special Terms and Conditions
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
PAGE
4
14
Technical Specifications, Statement of Work, or Scope of Services 23
Pricing Schedules 24
Acknowledgement of Addenda 36
Signature Page 37
Affidavits, Performance Bond Format, Letter of Credit Format 38
Draft Form of Agreement 47
Exhibits (if applicable) so
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
SECTION 1
GENERAL TERMS AND CONDITIONS
1.1 DEFINITIONS
1.2
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 o 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.
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
Page 14
Bidders on City Solicitations, the City's professional
staff, and the City Council members.
1.3 ADDENDUM
1.4
1.5
1.6
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.
LEGAL REQUIREMENTS
This Solicitation is subject to al/ 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.
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
wilt be accepted after the Bid has been opened.
WITHDRAWAL OFBID
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 SOL/CITATION
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
1.9
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 later than sixty (60) days after the
date on which the proper invoice was received by
the City.
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
Page I 5
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,
1.11
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
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.
f. Late Bids will not be accepted and will be
returned to the sender unopened. It is the
Bidder's responsibility to ensure timely
delivery by the due date and time, and at the
place stated In this Solicitation. No exceptions
will be made due to weather, carrier, traffic,
illness, or other issues.
CANCELLATION OF BID SOL/CITATION
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.
b. The City reserves the right to reject any and 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
contractor or subcontractor on previous City
contracts shall be taken into account in
evaluating the Bid received for this Bid
Solicitation.
1.13
1.14
1.15
1.16
Page I 6
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
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
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.
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 deportments with continual service
and supplies while a new agreement is being
solicited, evaluated, and/or awarded.
WARRANTY
All warranties express and implied shall be mode
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
f actory defects and workmanship . At no expense
to the City, the awarded Bidder shall correct any
and oil apparent and latent defects that may occur
within the manufacturer's standard warranty.
ESTIMATED QUANTITIES
Estimated quantities or dollars ore 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 on
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
1.17
1.18
1.19
1.20
City of Palm Beach Gardens
Invitation to Bid No . ITB2014-031PW
Miscellaneous Publlc Works Projects
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.
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 some
prices, terms, and conditions.
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 o.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) ofter 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 ore
exhausted, or until the City Manager determines
the award of the contract is immediately necessary
to protect the public health, welfare, or safety.
LAWS AND REGULA T/ONS
The awarded Bidder shall comply with oil lows and
regulations applicable to provide the goods or
services specified in this Bid Solicitation. The
Bidder shall be familiar with all federal, state, and
local lows that may affect the goods and/or
services offered.
LICENSES, PERMITS AND FEES
The awarded Bidder(s) shall hold oil licenses
and/or certifications, obtain and pay for oil permits
and/or inspections, and comply with oil laws,
ordinances, regulations, and building code
requirements applicable to the work required
herein. Damages, penalties, and/or fines imposed
1.21
1.22
1.23
1.24
1.25
Page I 7
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.
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.
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.
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.
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.
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,
1.26
1.27
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
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.
COLLUSION
A Bidder recommended for award as the result of a
competitive Solicitation for any City purchases af
supplies, materials, and services (including
professional services, other than professional
architectural, engineering, and other services
subject to Sec. 287.055 Florida Stats.), purchase,
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.
MODIFICATION OF CONTRACT
The contract may be modified by mutual consent,
in writing, through the issuance of a modification
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to the contract, o supplemental agreement,
purchase order, or change order, as appropriate.
TERMINATION FOR CONVENIENCE
The City, at its sole discretion, reserves the right to
terminate any contract entered into pursuant to
this Invitation to Bid (1TB) with or without cause
immediately upon providing written notice to the
awarded Bidder. 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."
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 by providing written
notice of such failure or default and by specifying a
reasonable time period within which the awarded
Bidder must cure any such failure to perform or
default. The awarded Bidders' failure to timely
cure any default shall serve to automatically
terminate any contract entered into pursuant to
this /TB. 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 far 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.
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 (SJ 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 f ees.
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 indire ctly to this
Agreement, at its place of business during regular
busin ess hours. Th e awarded Bidde r shall re tain all
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Oty of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
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.
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.
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 .
PROPRIETARY
INFORMA T/ON
AND/OR CONFIDENT/Al
Bidders are hereby notified that all information
submitted as part ot 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.
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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
Hindividually identifiable health information (/IHI}
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 ore 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 ogree to the same restrictions
and conditions that apply to the Bidder and
reasonable assurances that I/HI/PHI will be
held confidential;
e. Making Protected Health Information {PHI}
available to the customer;
f. Making PHI available to the customer /or
review and amendment, and incorporating
any amendments requested by the customer;
g. Making PHI available to the City of Palm
Beach Gardens for an accounting of
disclosures; and
h. Making internal practices, books, and records
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
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.
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.
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City of Palm Beach Gardens
Invitation to Bid No. 11B2014-031PW
Mlscellaneous Public Works Projects
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).
COMPLIANCE WITH FEDERAL REGULATIONS DUE
TO USE OF FEDERAL FUNDING
If the goods or services to be acquired under this
Solicitation ore 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.
1.39 BINDING EFFECT
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All of the terms and prov1S1ons of this
contract/agreement, whether so expressed or not,
shall be binding upon, inure to the benefit of, and
be enforceable by the parties and their respective
legal representatives, successors, and permitted
assigns.
SEVERABILITY
If any part of this contract is contrary to, prohibited
by, or deemed invalid under applicable law or
regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary,
prohibited, or invalid, but the remainder hereof
shall not be invalidated thereby and shall be given
full force and effect so far as possible.
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.
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 .
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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,
ond female-owned businesses to porticipote.
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 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.
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.
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.
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.
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 -
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Oty of Palm Beach Gardens
Invitation to Bid No. lTB2014-031PW
Miscellaneous Public Works Projects
Bacon Act, and the provisions of any other wages
laws, as moy be applicable to this Contract.
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
contract number or purchase order, any back order
items, and the number or quantity of items being
delivered.
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.
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 o 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 af 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 any
loss or damages incurred by any person or entity as
a result of the City's treatment of records as public
records.
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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.
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 Qty of Palm Beach Gardens.
Further, all Bidders must disclose the name of any
City emplayee 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.
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.
OTHER GOVERNMENTAL AGENCIES
If a Bidder is awarded a contract as a result of this
1TB, 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.
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.
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aty of Palm Beach Gardens
Invitation to Bid No. IT82014-031PW
Miscellaneous Public Works Projects
FAILURE TO DELIVER OR COMPLETE WORK
Should the awarded Bidder(s) fall 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 casts
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.
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.
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 oil 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.
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.
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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 af 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.
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.
TAXES
The City of Palm Beach Gardens is exempt from
Federal and State taxes for tangible personal
property.
BIDDER'S COSTS
The City shall not be liable for any costs incurred by
Bidders in responding to this Invitation to Bid.
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
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City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
be resolved to the satisfaction of the City, the City
reserves the right to cancel the contract for couse.
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 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.
NOTICES
Notices shall be effective when received at the
addresses specified in the contract/agreement.
Changes in respective addresses to which such
notices are to be directed may be made from time
to time by either party by written notice to the
other party. Facsimile and email transmissions are
acceptable notice effective when received;
however, facsimile and email transmissions
received after 5:00 p.m. or on weekends or
1.66
holidays will be deemed received an the next
business day. The original of the notice must also
be mailed to the receiving party.
Nothing contained in this section shall be
construed to restrict the transmission of routine
communications between representatives of the
successful Proposer and the City of Palm Beach
Gardens.
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 ar by categories, sub-categories, or groups,
the City reserves the right to add new vendors ta
these contracts for goods or services not awarded
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Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
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.
FISCAL FUNDING OUT
The City's obligation pursuant to any contract or
agreement entered into in accordance with this
Solicitation is specifically contingent upon the
lawful appropriation of funds. Failure to lawfully
appropriate funds for any contract or agreement
awarded shall result in automatic termination of
the contract or agreement.
SECTION 2
SPECIAL TERMS AND CONDITIONS
2.1 PURPOSE
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
M iscellaneous Public Works Projects
The purpose of this solicitation is to pre-qualify bidders for a vendor pool, and to establish unit
prices and rates for future miscellaneous public works projects. This initial solicitation provides
for the submission of documents and forms intended to verify that the bidder meets or exceeds
the minimum criteria set forth elsewhere in this solicitation. Bidders must also submit rates
based on the format and schedule shown in the pricing section of this Invitation to Bid. All
bidders which meet or exceed the criteria established in this solicitation shall be placed in a Pre-
Qualification Vendor Pool that may be accessed by City departments in order to perform
miscellaneous public works and related projects 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: THREE (3) YEARS
The contract shall commence on the date of the duly executed Agreement, and shall remain in
effect for three (3) years, 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 three (3)-year
contract term .
2.5 OPTION TO RENEW : THREE (3) ADDITIONAL YEARS
Prior to, or upon completion, of the initial three (3)-year contract term, the City shall have the
option to renew this contract for an additional three (3) years.
Continuation of the contract beyond the initial period, and any option subsequently exercised, is
a City prerogative, and not a right of the awarded bidders. This prerogative will be exercised
only when such continuation is clearly in the best interest of the City.
Should an awarded bidder decline the City's right to exercise the option period, the City may
consider the awarded bidder in default, which decision may affect that bidder's eligibility for
future contracts.
2.6 METHOD OF AWARD : MULTIPLE VENDORS BY ITEM
The City will award the contract to the three (3) lowest priced responsive, responsible bidders
on an item-by-item basis, as primary, secondary, and tertiary awardees.
While the method of award prescribes the method for determining the lowest responsive,
responsible bidders, the City will award this contract to the designated lowest bidder as the
primary awarded bidder and will award this contract to the designated second lowest bidder as
the secondary awarded bidder respectively. The primary awarded bidder shall have the first
responsibility to initially perform the service or deliver the goods identified in this contract . If
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City of Palm Beach Gardens
Invitation to Bid No. ITB2014-o31PW
Miscellaneous Public Works Projects
the primary awarded bidder fails to perform it may be terminated for default and the City shall
have the option to seek the identified goods or services from the secondary awarded bidder.
The City may also make award to the third lowest bidder as the tertiary awarded bidder.
Award to multiple bidders is made for the convenience of the City and does not exempt the
primary awarded bidder from fulfilling its contractual obligations. Failure of any awarded bidder
to perform in accordance with the terms and conditions of the contract may result in the
awarded bidder being deemed in breach of contract. The City may terminate the contract for
default and charge the awarded bidder re-procurement costs, if applicable.
Notwithstanding the Method of Award, the City reserves the right to make subsequent job
awards under this contract to either the primary, secondary, or tertiary vendor, on a project-by-
project basis, based on the workload of each vendor and the time that vendor has to complete
the project.
2.7 PRICES
If the bidder is awarded a contract under this solicitation, the prices offered by the bidder shall
remain fixed and firm during the term of contract, except for any price adjustments that may be
allowed elsewhere in this Contract.
2.8 PRICE ADJUSTMENTS
Prior to, or upon completion, of the initial three-year contract term, the City may consider an
adjustment to prices based on the most recent annual change in the following pricing index and
category:
Bureau of Labor Statistics, Consumer Price Index, All Urban Consumers, All Items, Miami-Fort
Lauderdale Area
It is the awarded bidder(s) responsibility to request any pricing adjustment under this provision.
For any adjustment to commence on the first day of any new contract term, the awarded
bidder's request for adjustment should be submitted at least thirty (30) days prior to expiration
of the current term of the contract. The adjustment requested shall not be in excess of the
relevant pricing index change. If a timely adjustment request is not received from the awarded
bidder(s), the next three-year contract term may be exercised by the City without pricing
adjustment. Any adjustment request received after the commencement of a new period w ill
not be considered .
The City reserves the right to negotiate lower pricing for each contract term based on market
research information or other factors that influence price. The City reserves the right to apply
any reduction in pricing for the additional term based on the downward movement of the
applicable index.
The City reserves the right to reject any price adjustments requested by the awarded bidder
and/or to not exercise any otherwise available option term based on such price adjustments.
Requests for price adjustments shall affect the designations of primary, secondary, or tertiary
awardees for the relevant contract term.
Page I 15
2.9 EXAMINATION OF CITY FACILITIES OR EQUIPMENT
Oty of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
Prior to submitting its offer for any future project, it is recommended that the awarded bidder
visit the site of the proposed work and become familiar with any conditions which may in any
manner affect the work to be done or affect the equipment, materials and labor required. The
awarded bidder is also advised to examine carefully any drawings, specifications, or equipment,
and become thoroughly aware regarding any and all conditions and requirements that may in
any manner affect the work to be performed under the contract. No additional allowances will
be made because of lack of knowledge of these conditions.
2.10 EQUAL PRODUCTS
Intentionally Omitted
2.11 LIQUIDATED DAMAGES
Prior to the performance of any work under this contract, the City may establish liquidated
damages for such work based on the unique factors and specifications of each project. The City
will notify the awarded bidder, in writing, if liquidated damages are to be assigned to a specific
project, and the daily estimated amount of such damages.
Notwithstanding the requirements of this section, the City reserves the right to NOT establish
liquidated damages for any of the projects performed under this contract, as the City
determines in its own interests.
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.
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:
i. WORKERS COMPENSATION
Page I 16
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
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
applicable Federal laws. The City reserves the right not to accept exemptions to the
Workers Compensation requirements of this solicitation.
ii. COMPREHENSIVE GENERAL LIABILITY
Awarded bidder shall carry Comprehensive General Liability Insurance with minimum
limits of One Million Dollars ($1,000,000.00); and include Products/Completion Liability
of One Million Dollars ($1,000,000). Such certificate shall list the City as additional
insured.
NOTE: If Comprehensive General Liability limits are less than One Million Dollars
($1,000,000.00), the sum of Comprehensive General Liability limits and Excess Liability
limits must equal no less than One Million Dollars ($1,000,000.00).
iii. AUTOMOBILE LIABILITY
Awarded bidder shall carry Automobile Liability Insurance to include owned, non-
owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00) each
occurrence.
The City reserves the right to request additional insurance coverage for future specific projects,
on a project-by-project basis, depending on the requirements, nature, and specifications of such
projects.
2.13 BID BOND/GUARANTY
Intentionally Omitted
2.14 PERFORMANCE BOND
Prior to the performance of any work under this contract, the City may require a performance
bond for such work based on the unique factors and specifications of each project. The City will
notify the awarded bidder, in writing, if a performance bond is required for a specific project,
and the requirements shall be based on the following:
The awarded bidder shall duly execute and deliver to the City a Performance Bond or
Unconditional Irrevocable Letter of Credit in an amount equal to 110% of the total project price,
payable to the City, as surety for faithful performance under the terms and conditions of the
contract. The Performance Bond or Unconditional Irrevocable Letter of Credit shall be delivered
to the City within thirty (30) days of being requested, and prior to any commencement of work.
The Performance Bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida, and having a resident agent. If a letter of credit
is chosen, it must be in a form acceptable to the City, drawn on a bank acceptable to the City,
and issued in favor of the City. Bonds may not be canceled, terminated, or revised unless the
City has been provided with thirty (30) days' advanced written notice of such action by the
surety. The surety must insert the registered agent to accept service of process in the State of
Florida, directly on each bond document.
Acknowledgement and agreement is given by both parties that the performance bond or letter
of credit amount is not intended to be or shall be deemed to be in the nature of liquidated
damages, nor is it intended to limit the liability of the awarded bidder to the City in the event of
a material breach of the contract agreement by the awarded bidder.
Page I 17
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
If the bidder fails to deliver the performance bond or irrevocable letter of credit within this
specified time, including granted extensions, the City shall declare the bidder in default of the
contractual terms and conditions, and the bidder shall be terminated from the contract, and the
City shall not accept any offer from that bidder for a twelve (12) month period following such
default.
2.15 CERTIFICATIONS
Any bidder which submits an offer in response to this solicitation shall, at the time of such offer,
hold a valid Certificate of Competency for the relevant trade to be performed issued by the
State or County Examining Board qualifying the bidder to perform the work proposed. If work
for other trades is required in conjunction with this solicitation and will be performed by a
subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be
submitted with the prime bidder's offer; provided, however, that the City may at its option and
in its best interest allow the bidder to supply the subcontractor(s) certificate to the City during
the bid evaluation period.
2.16 METHOD OF PAYMENT
Upon completion of a project, and inspection and acceptance of the wor k by the City, the
awarded bidder shall submit an invoice to the City for payment. The date of the invoice shall
not exceed thirty (30) calendar days from the completion of the work. Under no circumstances
shall the invoice be submitted to the City in advance of the delivery and acceptance of the work.
The invoice shall contain the following basic information: the awarded bidder's name and
address, invoice number, date of invoice, reference (or include a copy of) the corresponding
delivery ticket number or packing slip number, description of the goods or service, the contract
number, purchase order number, and any discounts.
On a project-by-project basis, and based on the estimated completion time for a project, the
City may, at its own discretion, agree to pay progress payments for work that has been
reviewed, inspected, and accepted by the City Engineer o~ designee. Progress payments will
only be made in such rare circumstances when the City determines that they are in its best
interests.
2.17 DELIVERY REQUIREMENTS: COMPLETION OF WORK FROM DATE OF PURCHASE ORDER
For each public works project under this contract, the bidder shall state in its offer at the time
requested, the number of calendar days from the date of the purchase order in which it will
guarantee to complete the work. Time for completion may be considered a factor in
determining the awarded bidder for a stipulated project, if so stipulated by the City at that
time.
2.18 WARRANTY REQUIREMENTS: ONE (1) YEAR FROM DATE OF ACCEPTANCE
In addition to all other warranties that may be supplied by the bidder for a project, the awarded
bidder shall warrant its products and/or service against faulty labor and/or defective material,
for a minimum period of one (1) year from the date of acceptance of the labor, materials and/or
equipment by the City. This warranty requirement shall remain in force for the full period;
regardless of whether th e awarded bidder is under contract with the City at the time of defect.
Page I 18
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
Any payment by the City on behalf of the goods or services received from the awarded bidder
does not constitute a waiver of these warranty provisions.
2.19 ADDITIONAL FACILITIES
Although this solicitation and resultant contract is primarily for miscellaneous public works
projects, it is hereby agreed and understood that any City department or agency facility may be
added to this contract at the option of the City, for similar or related services. When required by
the pricing structure of the contract, awarded bidders shall be invited to submit price quotes for
these additional facilities or related projects. If these quotes are determined to be fair and
reasonable, then the additional work will be awarded to the current awarded bidder(s) that
offers the lowest acceptable pricing. If this contract has a single awarded bidder, the additional
site(s) may be added to this contract by formal modification of the contract. The City may
determine to obtain price quotes for the additional facilities from non-contract vendors in the
event that fair and reasonable pricing is not obtained from the current awarded bidders, or for
other reasons at the City's discretion.
2.20 CATALOGS AND PRICE LISTS
Intentionally Omitted
2.21 CLEAN UP
The awarded bidder shall remove all unusable materials and debris from the work areas at the
end of each workday, and disposed of in an appropriate manner. Upon final completion, the
awarded bidder shall thoroughly clean up all areas where work has been involved as mutually
agreed with the City's authorized representative.
Any items or products that are City owned property must be returned to the City unless items
have been deemed of no value to the City. If items or products have no value, the Contractor
may dispose of the items or products at no cost to the City.
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 and equipment, except as otherwise noted.
2.24 MOTOR VEHICLE LICENSE REQUIREMENT
Intentionally Omitted
2.25 PATENTS AND ROYALTIES
Intentionally Omitted
2.26 PRE-CONSTRUCTION CONFERENCE
The awarded bidder may be required to conduct a Pre-Construction Conference for City officials
designated to represent the City prior to performing any work for any subsequent public works
projects under this contract. The awarded bidder shall select the location of this construction
conference in cooperation with the City. Any costs incurred by City officials in conjunction with
Page I 19
the pre-construction conference shall be borne by the City.
2.27 RELEASE OF CLAIM REQUIRED
Oty of Palm Beach Gardens
Invitation to Bid No. ITB2014--031PW
Miscellaneous Public Works Projects
Pursuant Section 255.05, Florida Statutes all payments to the subcontractors shall be made by
the awarded bidder within ten (10) days of rece ipt of the partial payment from the City. With
the exception of the first partial payment, the awarded bidder must pay all of its subcontractors
and suppliers who have performed any work or supplied any materials for the project within ten
(10) days after receipt of the partial payment by the awarded bidder for monies due such
subcontractors and suppliers as a result of a percentage of the work completed. The awarded
bidder must provide the City's project manager with duly executed affidavits (subcontractor's
statement of satisfaction) or releases of claim from all subcontractors and suppliers who have
performed any work or supplied any materials for on the project as of that date. The affidavit or
releases shall certify that said subcontractors and suppliers have been paid their proportionate
share of all previous partial payments to the awarded bidder. In the event such affidavits
cannot be furnished, the awarded bidder may submit an executed consent of surety to
requisition payment, identifying the subcontractors and suppliers with the amounts for which
the statement of satisfaction cannot be furnished . If the awarded bidder fails to provide a
consent of surety to requisition payment, the amount in dispute will be withheld until either the
statement of satisfaction is furnished, or the consent of surety to requisition payment is
furnished.
2.28 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED
As part of its bid, the bidder must identify any and all subcontractors that will be used in the
performance of the proposed contract, their capabilities and experience, and the portion of the
work to be done by the subcontractor. The competency of the subcontractor(s) with respect to
experience, skill, responsibility and business standing shall be considered by the City when
making the award in the best interest of the City. If the bidder fails to identify any and all sub-
contractors in the bid, the bidder may be allowed to submit this doc umentation to during the
bid evaluation period if such action is in the best interest of the City.
2.29 OTHER FORMS OR DOCUMENTS
If the City is required by the awarded Bidder to complete and execute any other forms or
documents in relation to this solicitation, the terms, conditions, and requirements in this
so licitation shall take precedence to any and all conflicting or modifying terms, conditions or
requirements of the Bidder's forms or documents.
2.30 CHANGES
The City may at any time, as the need arises, order changes within the scope of the work
without invalidating the contract. If such changes increase or decrease the amount due under
the contract, or the time required for performance of the work, an equitable adjustment shall
be authorized by Change Order.
The City Engineer may, at any time make changes in the details of the work. The awarded
bidder shall proceed with the performance of any changes in the work so ordered by the City
Engineer, unless the awarded bidder believes that such changes entitles him to a change in the
contract price or time, or both, in which event he shall give the City Engineer immediate written
notice thereof after the receipt of the ordered change . Thereafter, the awarded bidder shall
Page I 20
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
document the basis for the change in contract price or time within ten (10) calendar days. All
changes resulting in a request for added time must be accompanied by a Time Impact Analysis.
Changes in the scope of work may be accomplished by change order, construction change
directive, or field order. Any one of these documents shall be interpreted as further instruction
from the City.
A change order shall be based upon agreement between the City and the awarded bidder; a
construction change directive may or may not be agreed to by the awarded bidder; a field order
for a minor change in the work may be issued by the City Engineer or designee.
Changes in the work shall be performed under applicable provisions of the contract documents,
and the awarded bidder shall proceed promptly, unless otherwise provided in the change order,
construction change directive, or field order.
2.31 CONSTRUCTION CHANGE DIRECTIVES
A construction change directive is a written order prepared and signed by the City Engineer,
directing a change in the work and stating a proposed basis for adjustment, if any, in the
contract price or contract time, or both. The City Engineer may by issuing a construction
change directive, without invalidating the contract, order changes in the work within the general
scope of the contract consisting of additions, deletions or other revisions, the contract sum and
contract time being adjusted accordingly if affected by the change.
A construction change directive will be used in the absence of agreement on the terms of a
change order.
If the construction change directive provides for an adjustment to the contract price, the
adjustment shall be based on one of the following methods and precedence:
a. unit prices stated in the proposal;
b. unit prices agreed upon through previous amendments to the contract;
c. by mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit eva luation by the City Engineer; or
d. by actual cost, to be determined in a manner agreed upon by the awarded bidder and
the City, and including a mutually acceptable fixed or percentage fee (if any).
Upon receipt of a construction change directive, the awarded bidder shall promptly proceed
with the change in the work involved and shall immediately advise the City Engineer of the
awarded bidder's disagreement with the method, if any, provided in the construction change
directive for determining the proposed adjustment in the contract price or contract time.
If the awarded bidder does not respond promptly or disagrees with the method for adjustment
in the contract price, the method and the adjustment shall be determined by the City Engineer
on the basis of reasonable expenditures and savings of those performing the work attributable
to the change, including, in case of an increase in the contract price, a reasonable allowance for
Page I 21
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Worlcs Projects
overhead and profit. In such case, the awarded bidder shall keep and present, in such form as
the City Engineer may prescribe, an itemized accounting together with appropriate supporting
data.
Unless otherwise provided in the contract documents, costs for any changes shall be limited to
the following:
a. costs of labor, including social security, old age and unemployment insurance, fringe
benefits required by agreement or custom, and workers' or workmen's compensation
insurance;
b. costs of materials, supplies and equipment, including cost of transportation, whether
incorporated or consumed;
c. rental costs of machinery and equipment, exclusive of hand tools, whether rented from
the awarded bidder or others;
d. costs of premiums for all bonds and insurance, permit fees, and sales, use or similar
taxes related to the work; and
e. the awarded bidder may add 10% (for overhead and profit) to the cost for work
performed by his own forces, and 5% (for overhead and profit) to the cost for work
performed by subcontractors. The subcontractor may add 10% (for overhead and
profit) to the cost for work performed by his own forces. The awarded bidder may add
an amount, confirmed by the surety, not to exceed 2% for the additional performance
bond premium.
Overhead shall include the following: supervision, wages of time keepers, watchmen,
and clerks, small tools, incidentals, general office expense, and all other expenses not
included in cost.
When the City and the awarded bidder agree with the adjustments in the contract price and
contract time, or otherwise reach agreement upon the adjustments, such agreement shall be
effective immediately and shall be recorded by preparation and execution of an appropriate
change order.
Prior to final determination of cost to the City and a completely executed change order,
amounts not in dispute may be included in applications for payment.
2.32 MINOR CHANGES IN THE WORK
The City Engineer shall have authority to order minor changes in the work not inconsistent with
the intent of the contract. Such changes shall be effected by issuance of a field order and shall
be binding on the City and awarded bidder. The awarded bidder shall carry out such written
orders promptly.
Page I 22
SECTION 3
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
TECHNICAL SPECIFICATIONS AND STATEMENT OF WORK
3.1 GENERAL REQUIREMENTS
It is the intent of the City to contract with multiple vendors to provide services as required by
the City on a task-by-task/project-by-project basis for repairs, replacements, and/or installations
of municipal infrastructure, which may include, but not be limited to, pavement
repair/replacement, stormwater improvements, sidewalks, curbs, driveways, and similar work,
over a three-year period, based on unit priced bids submitted as part of this Invitation to Bid.
Bids will be accepted for all or part of the list of bid items.
There is no guarantee of work.
3.2 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT
The bidder certifies that all equipment and materials used for work performed under this
Invitation to Bid shall conform to all applicable O.S.H.A. requirements. Bidder further certifies
that if any equipment or materials delivered are subsequently found to be deficient in any
O.S.H.A requirements in effect on date of delivery, all costs necessary to bring the equipment
and materials into compliance with the aforementioned requirements shall be borne by the
bidder.
3.3 MATERIALS
All materials supplied by the Contractor under the provisions of this Bid shall be new materials
of the kind and character called for in the plans. Defective equipment or material damaged in
the course of installation or tests shall be replaced or repaired in a manner satisfactory to the
City. All materials and equipment to be furnished under this Bid shall be the standard product
of a manufacturer regularly engaged in the production of such material and shall be the
manufacturer's current standard design.
3.4 CONTRACTOR'S REPRESENTATIVE
Bidders shall provide the name, address, and phone number of the person(s) to be contacted for
the placement of an order and the coordination of service. A contact for both regular work-
hours and after-hours, weekends, and holidays should be submitted with the bid.
3.5 STATEMENTS OF WORK
For each subsequent project under this contract, the City will provide to the awarded bidder a
written and complete Statement of Work specific to that project. If available, drawings and
other documentation will be provided to assist the awarded bidder in properly estimating
reasonable costs to perform the work.
Page I 23
4.1 PRICES AND RATES
SECTION4
PRIC ING SCHEDULES
Oty of Palm Beach Gardens
Invitation to Bid No . ITB2014-031PW
Miscellaneous Public Works Projects
The Bidder shall indicate in the spaces provided, the firm and fixed prices and rates offered to the City for the goods and/or services
described in the Schedules below.
SCHEDULE OF VALUES AND RATES
ITEM ESTIMATE D
NO. DESCRIPTION QUANTrTY UNIT UNIT PRICE TOTAL
AREAS OF SPECIFIC WORK
1. Remova l, saw cut and disposal of 4" t hick concrete 1,000 SF $ $
2. Remova l, saw cut and disposal of 6" th ick concrete 1,000 SF $ $
3. F& of 4 " concrete with wire 1,000 SF $ $
4. F& of 4" concrete without wire 1,000 SF $ $
5. F& of 4" concrete with po lypropylene fiber mix re inforce m ent 1,000 SF $ $
6. F& of 6" concrete with polypropylene fiber mix re inforcement 1,000 SF $ $
7. F& of 6" concret e with wire 1,000 SF $ $
8. F & of 6" concrete without wire 1,000 SF $ $
9. F& of 6" Pervious Concrete 1,000 SF $ $
10. F & 4" st amped concrete with wire 500 SF $ $
11. F& 4" st amped concrete witho ut wire 500 SF $ $
12. F& 6" st amped concrete with wire 500 SF $ $
13. F& 6" st amped concrete witho ut wire 500 SF $ $
14. F & of 8" Pervious Concrete 1,000 SF $ $
15. F& FOOT Concrete Bumper Guard 50 EA $ $
16. F & of ADA comp li ant detectable surface 50 LF $ $
17. F& ADA compli ant welded aluminum handrail 100 LF $ $
18. F & of FOOT Type 'A' curb -by hand 200 LF $ $
19. F& of FOOT Type 'A' curb -by mach ine 200 LF $ $
20. F& of FOOT Type 'B' curb -by hand 200 LF $ $
Page I 24
ITEM
NO. DESCR IPTION
21. F& of FDOTType 'B' curb -by machine
22. F& of FOOT Type 'O' curb -by hand
23. F& of FOOT Type 'O' curb-by machine
24. F& of FOOT Type 'E' curb-by hand
25. F& of FOOT Type 'E' curb -by machine
26. F & of FOOT Type 'F' curb -by hand
27. F& of FOOT Type 'F' curb -by machine
28. F& of FOOT Valley Gutter -by hand
29. F& of FOOT Valley Gutter -by machine
30. F& of FOOT Shoulder Gutter -by hand
31. F& of FOOT Shoulder Gutter -by machine
32. F& of FOOT Asphaltic Concrete curb
33. F&I of Conduit -2" (18" -24" depth)
34. Installation only of conduit -2" (18" -24" depth)
35. F&I of Conduit -4" (18" -24" depth)
36. F&I of Conduit -6" (18" -24" depth)
37. F & I of conduit -2" (24" -36" depth)
38. Installation only of conduit -2" (24 " -36" depth)
39 . F & I of conduit -4" (24" -36" depth)
40. F & I of conduit -6" (24" -36" depth)
41. F & I 2' x 2' pu ll boxes (in cludes sweeps and groundrods)
42 . Installation 2' x 2' pull boxes
43. F & I pull wire within conduit
44. F&I Tracing Wire within conduit (#12 Cu)
45. Supply, place & compact clean fill
46. F & I of natural stone riprap w/ filter fabric
47. F & I of broken concrete riprap w/filter fabric
48. Supply & install sand-cement riprap w/filter fabric
49. Special saw cuts for pavement & concrete
50. Removal & disposal of existing driveway culvert pipe (any material)
51. F & I of Bahia Sod -up to 1000 SF
Page I 25
ESTIMATED
QUANTITY UNIT
200 LF
200 LF
200 LF
200 LF
200 LF
200 LF
200 LF
200 LF
200 LF
200 LF
200 LF
500 LF
1,000 LF
1,000 LF
500 LF
500 LF
1,000 LF
1,000 LF
500 LF
500 LF
20 EA
20 EA
3,000 LF
500 LF
2,000 CY
50 TN
50 TN
50 CY
200 LF
10 LF
1,000 SF
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Oty of Palm Beach Gardens
Invitation to Bid No. IT82014-o31PW
Mlsceltaneou, Public Worb Projects
UNIT PRICE TOTAL
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
ITEM
NO. DESCRIPTION
52. F & I of Bahia Sod· over 1000 SF
53. F & I of Floratam Sod -up to 1000 SF
54. F & I of Floratam Sod -over 1000 SF
55. F & I of FOOT Seed & Mulch Mix
56. Furnish Operator, Water Truck and Irrigate Sod or Seed Mix
57. FOOT Guard Rail with no end treatment
58. FOOT Guard Rail with end treatment
59. Re -g rade Swales -up to 1000 CV
60. Re -grade Swales -over 1,000 CV
61. Canal wash out repair (sand & silt)
62. Canal Excavation (60' ROW) • up to 1,000 CV
63. Canal Excavation (100' ROW) • up to 1,000 CV
64. Canal Excavation (60' ROW) -over 1,000 CV
65. Canal Excavation (100' ROW) -over 1,000 CV
66. Lake Canal Bank Restoration (wash out repair)
67. F & I ofType SIii asphalt overlay -1"
68. Mill existing Pavement (3/4"-I" avg)
69. Pavement Rep lacement w/ 2" Type S
70. Adjust Manhole to grade
71. Jack and bore · 4"
72. Directional bore 4"
73. Jack and bore -6"
74. Directional bore 6"
PAVEMENT MARKING
Thermoplastic Pavement Marking
75. Compound Lines -Colors and Widths as Indicated {Furnish & Install)
a. White,6"
b. Vellow,6"
c. White, 8"
d. White, 12"
e. White, 18"
Page I 26
ESTIMATED
QUANTITY
20,000
1,000
20,000
20,000
8
100
100
1,000
4,000
10
1,000
1,000
4,000
4,000
10
7,000
10,000
1,000
5
200
200
200
200
20,000
10,000
1,000
2,000
1,000
UNIT
SF
SF
SF
SF
HR
FT
FT
CV
CV
CV
CV
CV
CV
CV
CV
TN
SY
SY
EA
LF
LF
LF
LF
LF
LF
LF
LF
LF
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Oty of Palm Beach Gardens
Invitation to Bid No. 1T112014-031PW
Mlsce lloneous Public Worb Projects
UNIT PRICE TOTAL
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
ITEM
NO. DES CRIPTI ON
f. Yellow, 18"
g. White, 24"
Arrows and Messages; As indicated; W hite Only
76. (Furnish & Install)
a. Turn Arrow
b. Straight Arrow
C. St raight/Turn Arrows; Comb i nation
d. Merge Message
e. RXR Message
f. School Message
g. On ly Message
h. U-Turn Message
i. Bike Lan e Symbol (Diamond, Arrow)
j . Handicap Message
Ra ised Refl ective Pavement Markers
77 . App li ed w ith Thermoplastic -Colors and Types as Indicated (F&I)
a. Red & Amber; Bi-Di rectional
b. Amber; Bi -Di rectional
c. White & Red ; Bi-Di rectional
Raised Reflect ive Pav ement Markers
78. Epoxy -Colo rs and Types as Indicated (Furn ish & Install)
a. Red & Amber; Bi-Di recti onal
b. Amber; Bi -Directional
c. Wh ite & Red ; Bi-Directional
Traffic Pa int Lines
79. Colors (Types) and Widths as Indicated (Furnish & Install)
a. Wh ite,4"
b. Yellow,4"
c. White, 611
d. Black, 6"
e. Blue, 6"
Page I 27
ESTIMATED
QUANTITY
1,000
500
50
30
20
10
8
10
6
10
20
40
200
400
1,600
200
30
40
20,000
10,000
20,000
200
200
UNIT
LF $
LF $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
EA $
LF $
LF $
LF $
LF $
LF $
aty of Palm Beach Gardens
lnv~•tlon t o Bid No . rTB2014-031PW
Mlscelbneous Public Worb Projects
UNIT PRICE TOTAL
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
s
$
s
$
$
$
$
$
ITEM
NO. DESCRIPTION
f Yellow,6"
g. White, 18"
h. White, 12"
i. Yellow, 18"
j. White, 24"
Arrows and Messages
80. White (Furnish & Install)
a. Straight/Combo Arrow
b. Turn Arrow
C. Message (Only; School; Merge & Straight Arrow)
d. 6" Numbers (Per Digit)
e. 8" Numbers (Per Digit)
f 10" Numbers (Per Digit)
g. 12" Numbers (Per Digit)
h. 24" Numbers (Per Digit)
Fire Lane and No Parking Messages
81. Yellow (Furnish & Install)
a. 4" Letters (Per Letter)
b. 6" Letters (Per Letter)
c. 8" Letters (Per Letter)
d. 12" Letters (Per Letter)
e. 4' Letters {Per Letter)
82. Pavement Marking Removal
a. Traffic Pa i nt
b. Thermoplastic
C. Cold (Preformed) Plastic
d. Construction Tape
e. Pavement Markers
83. Preformed (Cold) Plastic {In stall Only)
a. White, 24"
b. Message (Only; School; Merge; U-Turn, Bike Lane, Symbol W/Arrow)
Page I 28
ESTIMATED
QUANTITY
10,000
200
2,000
200
1,000
20
so
10
10
10
10
10
10
40
40
40
40
100
200
500
10
500
400
100
20
UNIT
LF
LF
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
SF
SF
SF
LF
EA
LF
EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Oty of Palm lleac:11 Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Wortcs Projects
UNIT PRICE TOTAL
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
ITEM
NO. DESCRIPTION
c. Turn Arrow
84. Preformed (Cold) Plastic (Furnish & Install)
a. White Or Ye llow, 6"
b. White,8"
C. White Or Yellow, 12"
d. White Or Yellow, 18"
e. White, 24"
Message (Only; School; Merge; Ramp; U-Turn, Bike Lane, Symbol
f W/Arrow)
g. Turn Arrow
85. Miscellaneous (Furnish & Install)
a. Thermoplastic Rumble Strips (Index 518}
b. 9" Contrast Tape
c. Flexib le Delineators (All Types)
d. Foil Back Tape
86. Items for FOOT Projects Only
a. 6" Solid White Paint
b. 6" Solid White Thermoplastic
c. 8" Solid Yellow Paint
d. 8" Solid White Th ermoplastic
e. 8" Solid Yellow Thermopla stic
f 12" Solid White Paint
g. 12" Solid White Thermoplastic
h. 18" Solid White Paint
I. 18" Solid White Thermoplastic
j. 24" Solid White Paint
k. 24" Solid White Thermoplastic
I. 6" Solid Yellow Paint
m. 6" Solid Yellow Thermoplastic
n. 18" Solid Yellow Paint
0. 18" Solid Yellow Thermopla stic
Page I 29
ESTIMATED
QUANTITY UNIT
40 EA
500 LF
200 LF
400 LF
200 LF
100 LF
20 EA
50 EA
15 EA
200 LF
30 EA
200 LF
10,000 NM
10,000 NM
500 LF
1,000 NM
1,000 LF
800 LF
800 LF
200 LF -
200 LF
800 LF
800 LF
5,000 NM
5,000 NM
200 LF
200 LF
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-o31PW
Miscellaneous Public Worb Projects
UNIT PRICE TOTAL
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
ITEM
NO. DESCRIPTION
p. 2x4 Skips White Paint
q. 2x4 Skips White Thermoplastic ,. 6x10 Skips White Paint
s. 6x10 Skips White Therm o plastic
t. 10x30 Skips White Paint
u. 10x30 Skips W hite Thermoplastic
v. 2x4 Skips Ye llow Paint
w. 2x4 Skips Yellow Thermoplastic
x. 6x10 Skips Yellow Paint
y. 6x10 Skips Yellow Thermoplast ic
z. Reflective Pavement Markers
aa. Directional Arrows Paint
ab. Directional Arrows Thermo
ac. Bike Lane Sy m bol W/Arro ws Cold Plast ic
ad. Pavement Messages Paint
ae. Reflective Paint -Island Nose-White
ITEM
NO. DESCRIPTION
CR EWS AND EQUIPMENT
CO NSTRUCTIO N CREW "A"
Includes supervisor, operators, and other skilled tradesmen, and all
equipment; including incidental materials and tools necessary for
the repair or installation of concrete, PVC, HDEP, or metal pipe at
eight (8) feet or less in depth and thirty-six (36) inches in diameter or
87. less.
CO NSTRUCTION CREW "B"
Includes supervisor, operators, and other skilled tradesmen, and all
eq uipment; including incidental materials and tools necessary for
the repair or installation of concrete, PVC, HDEP, or metal pipe at
nine (9) feet or less in depth and thirty-six (36) inches in diameter or
88. less.
Page I 30
ESTIMATED
QUANTITY
3,000
3,000
3,000
3,000
1,500
1,500
1,000
1,000
1,500
1,500
400
20
20
30
10
4
ESTIMATED
,.
500
500
UNIT
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
EA
EA
EA
SETS
EA
SY
UNIT
Hr
Hr
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
City of Palm Bead\ Gardens
Invitation to Bid No. ITB2014--031PW
Miscellaneous Public Worb Projects
UNIT PRICE TOTAL
$
$
$
$
$
$
$
s
$
$
$
$
$
$
$
$
UN IT PRICE TOTAL
$
$
~:t' I I L I -,
D ,·1
CONSTRUCTION CREW "C"
Includes supervisor, operators, and other skilled tradesmen, and all
equipment; including incidental materials and tools necessary for
the repair or installation of concrete, PVC, HDEP, or metal pipe .it
eight (8) feet or less in depth and thirty-six (36) to eighty-four (84)
89. inches in diameter.
CONSTRUCTION CREW "D"
Includes supervisor, operators, and other skilled tradesmen, and all
equipment; including incidental materials and tools necessary for
the repair or installation of concrete, PVC, HDEP, or metal pipe at
nine (9) feet or less in depth and thirty-six (36) inches to eighty-four
90. (84 ) inches in dia meter.
INFILTRATION DRAINAGE CREW
Includes supervisor, operators, and other skilled tradesmen, and all
91. equi pment, incidental materials and tools necessary.
WELLPOINT SYSTEM
Includes installing and setting wellpoint, operating and maintaining
the points, headers and pumps, supplying fuel and lubrication,
monitoring discharge water, and all other related appurtenances or
activities necessary for successful and complete wellpoint operation
92. (Up to 150 points)
ASPHALT REMOVAL AND RESTORATION
Measurement of asphaltic concrete surface course for asphalt
restoration will be the actual area of the surface course replaced, in
accordance with the requirements of the City, FDOT Roadway and
Traffic Design Standards, and any other applicable agencies, codes,
93. and per mit requirements.
DUMP TRUCK (15 -20 CuYd)
Includes operator and fuel for the disposal of concrete, asphalt, base
94. material and soil
Page I 31
ESTIMATED
UNIT
500 HR
500 HR
300 HR
300 HR
10,000 SF
200 HR
$
$
$
$
$
$
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Worb Projects
UNIT PR ICE TOTAL I
$
$
$
$
$
$
SUB-TOTAL: $
....-------------------------------------------------------------
ITEM
City of Palm Beach Gardens
Invitation to Bid No. ITB2014--031PW
Miscellaneous Public Works Projects
NO. DESCRIPTION
ESTIMATED
QUANTITY MARK-UP PERCENTAGE TOTAL
95.
NOTES:
1.
2.
3.
4.
ITEM
NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
MATERIALS
Materials under this section must be billed at cost. Contractor must
provide City with a copy of the invoice showing the actual cost paid
for the material.
$50,000 % $
GRAND TOTAL-BASE BID PRICE: $
Mobilization (and all other matters related to the installation of said item}, erosion and sediment control and MOT shall be included in
all unit prices.
F & I = Furnish & Install.
Clearing and grubbing and items not noted above will be established on a per project basis.
N/A shall be written in unit price of no bid is being proposed.
SCHEDULE OF EQUIPMENT AND OPERATOR RATES
DESCRIPTION UNIT UNIT PRICE
3-Man Crew w/Pickup Truck Hour $
5-Man Crew w/Pickup Truck Hour $
Supervisor Hour $
Foreman Hour $
Welder Hour $
Skilled Laborer Hour $
Day Laborer (Unskilled) Hour $
Gradall Hour $
Skid Loader Hour $
Rubber Tire Backhoe/Loader Hour $
Track backhoe Hour $
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
Page I 32
ITEM
NO.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
NOTE:
1.
ITEM
NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
DESCRIPTION
Dump Truck
Flatbed w/Tractor
Flatbed
Wellpoint System
Jet Pump
Hydraulic Submersible Pump
Welding Machine
Portable Generator
Quick Cut Saw
Asphalt/Concrete Saw
Steel Wheel Roller
Plate Tamper
Chain Saw/debris Clearing Hand Equipment
UNIT UNIT PRICE
Hour $
Hour $
Hour $
Hour $
Hour $
Hour $
Hour $
Hour $
Hour $
Hour $
Hour $
Hour $
Hour $
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
Equipment rates/hourly rates quoted include operator, maintenance, and fuel. See Section 2.23 for additional information on Hourly
Rates.
SCHEDULE OF SUBCONTRACTORS
DISCIPLINE/TRADES SUBCONTRACTOR
Page I 33
ITEM
NO .
10.
11.
12.
13.
14.
15.
ITEM
NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Page I 34
DISCIP LI NE/TRADES
MANUFACTURER
SUBCONTRACTOR
SCH EDULE OF EQUI PM ENT AND MATERIALS
DESCRIPTION
City of Palm Beach Gardens
Invitation to Bid No. ITB2 014--031PW
Miscella neous Public Worlcs Projects
.. -
NAME
Page I 35
CONTRACTOR'S REPRESENTATIVE(S)-CONTACT INFORMATION
TELEPHONE NUMBERS (REGULAR AND EMERGENCY) EMAIL ADDRESS
Illy of Palm Bead! G.lnlens
Invitation ta l id Na. ITB2014-031PW
Mlsao Naneous Public Warlls Projects
PARTI:
SECTION 5
ACKNOWLEDGEMENT OF ADDENDA
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Publlc Works Projects
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
List below the dates of issue for each addendum received in connection with this solicitation:
PART II:
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-----------
0 NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION
Firm Name
Signature
Name and Title (Print or Type)
Date
Page I 36
SECTION 6
BID SUBMITTAL SIGNATURE PAGE
City of Palm Beach Gardens
Invitation to Bid No. IT82014-031PW
Miscellaneous Public Works Projects
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 I 37
SECTION 7
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
AFFIDAVITS, PERFORMANCE BOND FORMAT, LETTER OF CREDIT FORMAT
7.1 AFFIDAVITS
The forms listed below must be completed by an official having legal authorization to
contractually bind the company or firm. Each signature represents a binding commitment upon
the bidder to provide the goods and/or services offered to the City if the bidder is determined to
be the lowest responsive and responsible bidder.
a. Conflict of Interest Disclosure Form
b. Notification of Public Entity Crimes Law
c. Drug-Free Work Place
d. Non-Collusion Affidavit
e. Performance Bond (IF REQUIRED, WILL BE REQUESTED FROM BIDDER RECOMMENDED
FOR AWARD)
f. Letter of Credit (IF REQUIRED, WILL BE REQUESTED FROM BIDDER RECOMMENDED FOR
AWARD)
(The remainder of this page is intentionally left blank.)
Page I 38
CONFLICT OF INTEREST DISCLOSURE FORM
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All bidders must
disclose within their bids: the name of any officer, director, or agent who is also an employee of the City
of Palm Beach Gardens.
Furthermore, all bidders must disclose the name of any City employee who owns, directly, or indirectly,
an interest of more than five percent (5%) in the bidder's firm or any of its branches.
The purpose of this disclosure form is to give the City the information needed to identify potential
conflicts of interest for evaluation team members and other key personnel involved in the award of this
contract .
The term "conflict of interest" refers to situations in which financial or other personal considerations
may adversely affect, or have the appearance of adversely affecting, an employee's professional
judgment in exercising any City duty or responsibility in administration, management, instruction,
research, or other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
To the best of our knowledge, the undersigned firm has no potential conflict of interest
due to any other Cities, Counties, contracts, or property interest for this bid.
The undersigned firm, by attachment to this form, submits information which may be a
potential conflict of interest due to other Cities, Counties, contracts, or property interest
for this bid.
Acknowledged by:
Firm Name
Signature
Name and Title (Print or Type)
Date
Page I 39
Cty of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
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-s ix {36) months from the date of be i ng placed
on the convicted contractors list.
Acknowledged by:
Firm Name
Signature
Name and Title (Print or Type)
Date
Page I 40
DRUG-FREE WORKPLACE
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
________________________ 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 I 41
NON-COLLUSION AFFIDAVIT
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
STATE OF ____ _
COUNTY OF-----
Before me, the undersigned authority, personally appeared ------------..J 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:
1TB No.:. __________ _ Title: _____________ _
b. He/She is fully informed respecting the preparation and contents of the attached Request for
Bids, and of all pertinent circumstances respecting such solicitation.
Such bid is genuine and is not a collusive or sham bid.
c. Neither the said bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived, or agreed, directly or indirectly, with any other bidder, firm, or person to submit a
collusive or sham bid in connection with the solicitation and contract for which the attached bid
has been submitted or to refrain from proposing in connection with such solicitation and
contract, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other bidder, firm, or person to fix the price or prices in
the attached bid or any other bidder, or to fix any overhead, profit, or cost element of the bid
price or the bid price of any other bidder, or to secure through any collusion, conspiracy,
connivance, or unlawful agreement any advantage against the City or any person interested in
the proposed contract.
d. The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
Signature
Subscribed and sworn to (or affirmed) before me this day of 2013, by
who is personally known to me or who has produced
---------------------as identification.
SEAL
Page I 42
Not ary Signature ____________ _
Notary Name:--------------
Notary Public (State):----------
My Commission No:------------
Expires on:---------------
PERFORMANCE BOND FORMAT
Cty of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
KNOW ALL MEN BY THESE PRESENTS: that --------------------
(Insert full name and address or legal title of successful bidder)
as Principal, hereinafter called Contractor, and-------------------
(Name of Insurer)
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Palm Beach Gardens,
Palm Beach County, Florida.
As Obligee, hereinafter called the City, in the amount of _______________ ~
($ ______ _,
For the payment whereof, Contractor and Surety bind themselves, their heirs, executors, administrators,
successors, and assigns, jointly and severably, firmly by the presents.
WHEREAS,
Contractor has by written agreement dated 2013, entered into Contract
No. with the City in accordance with the solicitation specifications
prepared by the City which Contract is by reference made a part hereof and is hereinafter referred as
the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and
faithfully perform said Contract, then this obligation shall be null and void; otherwise, it shall remain in
full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Contractor shall be and declared by the City to be in default under the Contract, the City
having performed City's obligations thereunder, the Surety may promptly remedy the default or shall
promptly:
a. Complete the Contract in accordance with its terms and conditions; or
b. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the most responsible bidder, or if the City elects, upon
determination by the City and the Surety jointly of the most responsible bidder, arrange for a
Contract between such bidder and the City, and make available as work progresses (even
though there should be a default or a succession of defaults under the contract or contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of completion less
Page I 43
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
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 _________ _, 2014.
(Principal) (Seal)
(Witness) (Title)
(Name of Insurer) Surety (Seal)
By: _____________ _
(Witness) (Attorney-in-Fact)
Page I 44
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
LETTER OF CREDIT FORMAT
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: ------
LETTER OF CREDIT NO.: ------
ISSUANCE DATE:
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 I 45
Oty of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
TO PAY REASONABLE AITORNEYS FEES AND COSTS, INCLUDING FEES AND COSTS ON APPEAL, INCURRED
BY THE CITY OF PALM BEACH GARDENS TO ENFORCE THIS LEITER OF CREDIT SHOULD PBG PREVAIL.
DOCUMENTS MUST BE PRESENTED FOR PAYMENT TO:
{Name of Bank Branch} ___________ _
{Address} _______________ _
{City, State, Zip} ______________ _
AITN: {Department} ____________ _
ALL DRAWINGS UNDER THIS LEITER OF CREDIT MUST BE ACCOMPANIED BY THE ORIGINAL LEITER 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 PERMIITED.
THE AMOUNT OF ANY DRAFT DRAWN UNDER THIS CRED IT MUST BE ENDORSED ON THE REVERSE OF
THE ORIGINAL CREDIT. ALL DRAFTS MUST BE MARKED "DRAWN UNDER {Name of Bank}
LEITER OF CREDIT NUMBER DATED
_______ __, 20_."
THIS CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS,
(2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO . 600", AND TO THE
PROVISIONS OF FLORIDA LAW. IF A CONFLICT BETWEEN THE UN IFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS AND FLORIDA LAW SHOULD AR ISE, 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
LEITER OF CR EDIT SHALL BE PALM BEACH COUNTY, FLORIDA .
{Name of Bank} _________ _
BY : ___________ _
{Name} _______ _
{Title} _______ _
Page I 46
SECTION 8
DRAFT FORM OF AGREEMENT
City of Palm Beach Gardens
Invitation to Bid No. ITB2014.()31PW
Miscellaneous Public Works Projects
Below is the standard agreement format for this Invitation to Bid. This is a sample agreement only and
is subject to revisions. PLEASE DO NOT COMPLETE.
AGREEMENT
THIS AGREEMENT is hereby made and entered into this __ day of 20__, (the
"effective date") by and between the City of Palm Beach Gardens, a Florida municipal corporation
("City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and
a corporation (hereafter referred to as "Contractor"), whose address is
WHEREAS, the City desires to retain the services of the Contractor to provide the goods and
services in accordance with the City's Invitation to Bid No. and the Contractor's
response thereto, all of which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth,
the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF INVITATION TO BID
The terms and conditions of this Agreement shall include and incorporate the terms, conditions,
and specifications set forth in the City's Invitation to Bid No. and the Contractor's
response to the Invitation to Bid, including all documentation required thereunder.
ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES
The Contractor shall provide the goods and/or perform those services identified in the
specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto
and incorporated herein, according to the terms and specifications of the referenced Invitation to Bid.
ARTICLE 4. MISCELLANEOUS PROVISIONS
a. Notice Format . All notices or other written communications required, contemplated, or
permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or
mailed by registered or certified mail (postage prepaid), return receipt requested, to the following
addresses:
Page I 47
i. As to the City:
ii. with a copy to:
iii. As to the Contractor:
City of Palm Beach Gardens
10500 North Military Trail
City of Palm Beach Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Public Works Projects
Palm Beach Gardens, Florida 33410
Attn: City Manager
Email:
City of Palm Beach Gardens
10500 North M ili tary Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Email:
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. CONTRACT TERM
This term of this Agreement shall be from the effective date through-----20__, unless
terminated earlier in accordance with terms set forth in the 1TB.
(Remainder of this page is intentionally left blank.)
Page I 48
City of Palm Beac:h Gardens
Invitation to Bid No. ITB2014-031PW
Miscellaneous Publk Works Projects
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written.
[SEAL)
ATTEST:
By:_~~-------
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
R. Max Lohman, City Attorney
WITNESS:
CITY OF PALM BEACH GARDENS, FLORIDA
By: _____________ _
Ronald M. Ferris, City Manager
By: _____________ _
Print Name: _____________ _
Title: _______________ _
By: ____________ _
Print Name: ___________ _
Page I 49
None.
Page I SO
SECTION 9
EXHIBITS
City of Palm Beach Gardens
Invitation to Bid No. ITB201«31PW
Miscellaneous Public Works Projects
City of Palm Beach Gardens
Agreement No. A2017-128PS
Infrastructure Work for Public Safety Training Complex
EXHIBIT "8"
o.s.EAKINS
CONSTRUCTION CORPORATION
HOURLY PROPOSAL
To: City of Palm Beach Gardens
Attn: Angela Brown
Date: 9/13/2017
Quote Num: 17-5717-4
Phone: (561) 804-7010 Page: 1 of 3
Email: abrown@pbgfl.com
Job Location: 1156 Richard Road Palm Beach Gardens, Florida -Fire Training Facility
Job Description: Install Roadway/Pads, Sleeves, DIP culvert crossings, Two dry fire hydrants from tank with
screens, Water Main w/ hydrant, Suction/Discharge Lines, Electrical conduits/pull boxes and grade area to
drain.
Dear Ms. Brown,
The following is a quote from D.S. Eakins Construction Corp. for the above referenced
project based upon CPBG-ITB2014-031PW.
Item# Description Quantity Unit Price
Labor & Equipment
3 Supervisor 50.0 Hours @ $80.00 Per Hour
7 Day Labor 90.0 Hours @ $30.00 Per Hour
9 Skid Loader 100.0 Hours @ $80.00 Per Hour
10 Rubber Tire Backhoe/Loader 70.0 Hours @ $80.00 Per Hour
11 Track backhoe(Dozer & Grader) 100.0 Hours @ $140.00 Per Hour
12 Dump Truck 90.0 Hours @ $70.00 Per Hour
22 Steel Wheel Roller 60.0 Hours @ $65.00 Per Hour
87 Construction Crew "A" 200.0 Hours ~ $350.00 Per Hour
Price
$4,000.00
$2,700.00
$8,000.00
$5,600.00
$14,000.00
_$6,300.00
$3,900.00
$70,000.00
Total Labor Estimate= $114,500.00
3
7
Materials
F & I 4" Concrete with wire 132.00 SF @ $5.75 Per SF
F & I 6" Concrete with wire (8" Bum Car Pad) 625.00 SF @ $6.20 Per SF
Fill Delievered to site 1,746.00 CY @ $8.25 Per CY
#4 Stone 36.00 CY @ $21.50 Per CY
Crushed Concrete Delieverd(8" Thick) 810.0 CY @ $15.00 Per CY
F & I Silt Fence (Incl. Floating Turbidity Bar.) 1,800.00 LF @ $2.00 PerLF
Survey (Allowance for layout & Asbuilts)
Densities (Allowance)
Bae -T Testing (Allowance)
Test & Tap 1.0 EA @ $550.00 Each
8" Water main -Pipe, Fittings, Valves & Fire Hydrant (Allowance)
POST OFFICE BOX 530185 LAKE PARK, FLORIDA 33403
PHONE: (561) 842-0010 FAX: (561) 842-0009
$759.00
$3,875.00
$14,404.50
$774 .00
$12,150.00
$3,600.00
$7,500.00
$2,500.00
$900.00
$550.00
$27,300.00
o.s.EAKINS
CONSTRUCTION CORPORATION
To: City of Palm Beach Gardens
Attn: Angela Brown
Phone: (561) 804-7010
Email: abrown@pbgfl.com
HO URL Y PROPO SAL
Date: 9/13/2017
Quote Num: 17-5717-4
Page: 2 of3
Job Location: 1156 R ichard Road Palm Beach Gardens, Florida -Fire Training Facility
Job Description: Install Roadway/Pads, Sleeves, DIP culvert crossings, Two dry fire hydrants from tank with
screens, Water Main w/ hydrant, Suction/Discharge Lines, Electrical conduits/pull boxes and grade area to
drain.
Item # Description
15" RCP Pipe
3" Suction & Discharge Piping
Water Service Material & Hose Bibs
E lectrical Conduits, Sweeps & Pull Boxes
Qu a nti ty
120.0 LF
Unit Price Price
@ $14.00 Per LF $1,680.00
Supplied by CPBG
Supplied by CPBG
Supplied by CPBG
DIP, Fittings & other Materials for 2 -Dry Fire Hydrants From Tank (Allowance) $13,950.00
Concrete Coring (Allowance for Storm Drain & Dry Hydrants)
24" CAP Pipe 40.00 LF
10%Markup
@ $22.00 Per LF
$1,250.00
$880.00
$6 ,011.00
Total Mate rial Estim ate = $98 ,083.50
I Total Estimate = $212,583.501
Does Not Include: Permits, Permit Fees, Fence Repair/Re pl acement, Sod/Landscape r e placemen t,
Materials for Electrical, Materials for 1.5" Water Line/Hose Bibs, P u mps, Electrical work (Other than
installing Conduits) or Removal/Replacement of unsutible material.
R espectfully,
~~~
D. Steven Eakins
Vice President
D.S. Eakins Construction
POST OFFICE BOX 530185 LAKE PARK, FLORIDA 33403
PHONE: (561) 842-0010 FAX: (561 ) 842-0009
o.s.EAKINS
CONSTRUCTION CORPORATION
HOURLY PROPOSAL
To: City of Palm Beach Gardens
Attn: Angela Brown
Date: 9/13/2017
Quote Num: 17-5717-4
Phone: (561) 804-7010 Page: 3 of 3
Email: abrown@pbgtl.com
Job Location: 1156 Richard Road Palm Beach Gardens, Florida -Fire Training Facility
Job Description: In stall Roadway/Pads, Sleeves, DIP culvert crossings, Two dry fire hydrants from tank with
screens, Water Main w/ hydrant, Suction/Discharge Lines, Electrical conduits/pull boxes and grade area to
drain.
Item# Description Quantity Unit Price
Crew Schedule
Task Name Duration
17-5717 CPBG -Richard Road Fire Training Facility Pipe 20.0 Days Work
Mobilize, Pot hole utilities, Install 2 -sets of sleeves & Install 3 -
2.5 Days 12" Dip Culvert Crossings
Tap 16 " water main , Install all 8" PipeNalve/Fittings/Restraints,
In stall jumper, Install all 6" pipe, Install fire hydrant, Backfill ,
5.0 Days Compact, Bac-t Line, Test line, Remove jumper & Fine grade for
sod.
Excavate for cores on concrete tank, Make cores into tank, Install
in-tank piping/supports/fittings/strainers, Install in-ground
3.5 Days pipe/fittings /fire hydrants, seal holes around pipes, backfill &
compact.
Dewater, Excavate, Core structures, Install 20LF of 24" CAP,
4.0 Days Backfill, Compact & Fine Grade for Sod
Excavate, Install all electrical conduits/pull boxes, Install all 1.5"
Water line with hose bibs, Backfill , Compact, & Fine grade for Sod. 2.0 Days
Install 4" Suction & Discharge lines from pumps to termination
3.0 Days points
POST OFFICE BOX 530185 LAKE PARK, FLORIDA 33403
PHONE: (561) 842-0010 FAX: (561) 842-0009
Price
G o gle Earth .......................................................... 300
................................................................ 100
.& as.EAKINS l'L
lllllllllf!:l..coNSTRUCTION CORPORATION 3o
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREA S , the law firm was f o unded in 1927 by Joseph H Lesser of Palm Bea ch County and the
lawyers at Lesser, L esser, L andy & Smith have contin ued this trad ition servicing their clients, comm unity
involvement and dedication to professionalism; and
WHEREAS, Joseph Lesser established the firm's beginning, both in terms of professional service and
dedication to clients ' needs, as well as setting the finest example of the importance of community service, back in
1927; and
WHEREAS, Lesser, Lesser, Landy & Smith has a mission, to protect and rebuild lives while enhancing
the communities they serve; and
WHEREAS, the Firm's focus on serious personal injury and wrongful death cases and their superior
legal skills, hard work and high ethical standards have helped restore and rebuild the lives of many individuals;
and
WHEREAS. the Firm's lawyers serve as significant leadership in The Florida Bar and other Bar
Associations to help the local legal community; and
WHEREAS, the Firm's attorneys have taken leadership in many civic and other organizations with
the goal of strengthening the fabric of our community and the lives of the people that live here, including the
Jewish Federation of South Palm Beach County, Florida Atlantic University, Hillel of Palm Beach and Broward
Counties and the Business Development Board of Palm Beach County; and
WHEREAS, the law firm of Lesser, Lesser, Landy and Smith is celebrating its 90th Anniversary of being
a business serving Palm Beach County.
NOW, THEREFORE, I, Maria G. Marino, by the authority vested in me as Mayor of the City of
Palm Beach Gardens, Florida, do hereby proclaim a celebration of the:
9orn ANNIVERSARY OF LESSER, LESSER, LANDY & SMITH
Attest:
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 12'h day of October in the
y ear Two Thousand and Seventeen.
Maria G. Marino, Mayor
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREA S , city government is the government closest to most citizens, and the one with the most
direct daily impact upon its residents; and
WHEREA S, city government is administered for and by its citizens, and is dependent upon public
commitment to and understanding of its many responsibilities; and
WHEREAS, city government officials and employees share the responsibility to pass along their
understanding of public services and their benefits; and
WHEREAS, Florida City Government Week is a very important time to recognize the important role
played by city government in our lives. This week offers an important opportunity to spread the word to all the
citizens of Florida that they can shape and influence this branch of government which is closest to them; and
WHEREA S , the Florida League of Cities and its member cities have joined together to teach students
and other citizens about municipal government through a variety of different projects and information; and
WHEREA S , Florida City Government Week offers an important opportunity to convey to all the
citizens of Florida that they can shape and influence government through their civic involvement.
N O W, THEREFORE. I, Maria G. Marino, by virtue of the authority vested in me as Mayor of the
City of Palm Beach Gardens, Florida, do hereby proclaim October 23 -29, 201 7 as
FLORIDA CITY GOVERNMENT WEEK
in the City of Palm Beach Gardens and encourage all citizens, city government officials and employees to
recognize this week, celebrate, and encourage educational partnerships between city government and schools.
Attest:
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 J 2'h day of
October in the year Two Thousand and Seventeen.
Maria G. Marino , Mayor
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS , change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas,
and other p laces; and
WHEREAS, community planning and plans can help manage this change in a way that provides better choices for
how people work and live ; and
WHEREA S. community planning provides an opportunity for all residents to be meaningfully involved in
making choices that determine the future of their community; and
WHEREAS. the full benefits of planning requires public officials and citizens who understand, support, and
demand excellence in planning and plan implementation; and
WHEREAS, the month of October is designated as National Community Planning Month throughout the United
States of America and its territories; and
WHEREAS. The American Planning Association and its professional institute, the American Institute of Certified
Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound
p lanning and plan implementation make to the quality of our settlements and environment; and
WHEREA S , the celebration of National Community Planning Month gives us the opportunity to publicly
recognize the participation and dedication of the members of planning commissions and other citizen planners
who have contributed their time and expertise to the improvement of the City of Palm Beach Gardens.
NOW, THERE FORE, L Maria G. Marino, by virtue of the authority vested in me as Mayor of the City of Palm
Beach Gardens, Florida, do hereby proclaim the month of October 2017 as
NA TIONAL COMMUNITY PLANNING MONTH
in the City of Palm Beach Gardens and we recognize the many valuable contributions made by professional
community and regional planners and extend our heartfelt thanks for the continued commitment to public service
by these professionals.
Attest:
Patricia Snider, City Clerk, CMC
I N 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 121h
day of October in the year Two Thousand and
Seventeen.
Maria G. Marino , Mayor
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, M:.W:.G:.M:. Richard G. Hoover was born in Williamsport, Pennsylvania, May 31 , 1952.
He graduated from Williamsport High School in 1970, worked in his father's construction business until he
moved to St. Petersburg, Florida in 1977; and
WHEREAS, Richard married his high school sweetheart on December 17, 1983 and they have two sons
and a daughter together. Richard has a daughter from a previous marriage. They have 3 beautiful
granddaughters; and
WHEREAS. in 1988 Richard and his son Bobby incorporated All R 's Pest Management which has been
successful and serving customers for almost 30 years; and
WHEREAS, Richard received the Three Symbolic Degrees of the Freemasonry in 1994, served his
lodge as Worshipful Master in 1998, as Secretary from 2004 through 2013 and served his District in various
committee chairmanship from 1997 through 2008; and
WHEREAS, Richard served as District Deputy Grand Master in 2003 and District instructor in 2001 ,
2002, 2005, 2006 and 2013; and
WHEREAS, Richard was appointed W:. Grand Standard Bearer in 2007, became Zone Chairman FA-
100 in 2004, Zone Chairman of Public Relations and Publicity in 2008, Zone Chairman of Public Education
and Citizenship in 2012, State Chairman of Public Relations and Publicity in 2009 and State Chairman of
Masonic Leadership Training in 2010 and 2011 ; and
WHEREAS, Richard was given the lifetime appointment of being the Grand Representation to the
Grand Lodge of Arizona and for the Grand Lodge of Florida and this esteemed honor was bestowed upon him
in 2010; and
WHEREAS, Richard was elected to the Office of Junior Grand Warden on May 26, 2014, the Senior
Grand Warden on May 28, 2015, Deputy Grand Master on June 2, 2016, elected Grand Master, and then
installed Grand Master of Masons of Florida on his 65'h Birthday on May 31 , 2017.
NOW, THEREFORE, I, Maria G. Marino, by virtue of the authority vested in me as Mayor of the City
of Palm Beach Gardens, Florida, do hereby honor and express gratitude for M:. W:.G :.M ·.Richard G. Hoover's
outstanding achievements, dedication and service to our community.
Attest:
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 J 2'h day of
October in the year Two Thousand and Seventeen.
Maria G. Marino, Mayor
CITY OF PALM BEACH GARDENS
PALM B EA CH COUNTY, FLORIDA
PROCLAMATION
WHEREA S , October 2017 is National Breast Cancer Awareness Month; and
WHEREAS, October 20, 2017 is National Mammography Day; and
WHEREAS, breast cancer is the most common cancer among women, except for skin cancer; and
WHER EA S , breast cancer is the second leading cause of cancer death in women, after lung cancer; and
WHEREA S , the chance of developing invasive breast cancer at some time in a women 's life is about 1 in 8;
and
WHEREAS. almost 316,120 new cases of female breast cancer will be diagnosed in 2017 and about 40,610
will die from the disease ; and
WHER EA S , African American women are more likely to die from breast cancer than women of all other
races; and
WHER EA S , an estimated 2470 cases of male breast cancer will be diagnosed in 201 7 and about 460 men
will die of the disease ; and
WHER EA S , death rates from breast cancer have been declining, and this change is believed to be the result
of earlier detection and improved treatment; and
WHEREAS, mammography-an "x-ray " of the breast-is recognized as the single most effective method of
detecting breast changes that may be cancer long before physical symptoms can be seen or felt; and
N OW, THE REF ORE, I, Maria G. Marino , Mayor of the City of Palm Beach Gardens, Florida, do hereby
proclaim the month of October 201 7 as NA TIONA L BREA ST CANCER A WA RENESS MONTH and
October 20'h as
Attest:
Patricia Snider, CMC, City Clerk
NA TIONA L MA MMOGRAPHY DAY
in the City of Palm Beach Gardens
IN WITN ESS WHEREOF, I have hereunto set my hand
and caused the Seal of the City of Palm Beach Gardens,
Florida, to be affixed on this 121h day of October in the
Year Two Thousand and Seventeen.
Maria G. Marino , Mayor
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, Jumps/art, a national early education organization, is working to ensure that all
children in America enter kindergarten prepared to succeed;
WHEREAS, Jumps/art recruits and trains college students and community volunteers to provide
language, literacy, and social-emotional programming to preschool children living in under-resourced
communities, helping to develop the key skills that are essential for children to succeed in school and in life;
WHEREAS, since 1993, Jumps/art has trained nearly 45,000 college students and community
volunteers to transform the lives of more than 100,000 preschool children nationwide;
WHEREAS, Jumps/art 's Read for the Record, is a national campaign that was launched over a
decade ago to highlight the importance of high quality early learning for all children, while also raising funds
to support Jumpstart 's programming in communities across the country; and
WHEREAS, the goals of the campaign are to inspire adults to read with children, to spur
policymakers and organizations to take action towards transformative change in early education, and to put
books in the hands of more children across the country;
WHEREAS, October 19, 2017, would be an appropriate date to designate as "Jumpstart 's Read/or
the Record Day " because it is the date Jumps/art aims to set the world record for the largest shared reading
experience;
WHEREAS, Jumpstart hopes to engage over 2.4 million adults and children nationwide in reading
Quackers by Liz Wong during this record-breaking celebration of reading and service, all in support of
Florida 's preschool children :
NO W, THEREFORE, l Maria G . Marino, by virtue of the authority vested in me as Mayor of the
City of Palm Beach Gardens, Florida, do hereby proclaim October 19, 201 7 as
JUMPSTA RT'S READ FOR THE RECORD DAY
and applaud the efforts of Jumpstart in working towards transformative change in early education and of
Jumpstart Corps members in committing hundreds of hours of service each year to young children in the City of
Palm Beach Gardens.
Attest:
Patricia Snider, CMC, City Clerk
IN WITNESS WHEREO F, I have hereunto set my
hand and caused the Seal of the City of Palm Beach
Gardens, Florida, to be affixed on this 121h day of
October in the year Two Thousand and Seventeen.
Maria G. Marino , Mayor
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, communities across America have been plagued by the numerous problems associated
with illicit drug use and those that traffic in them; and
WHEREAS, there is hope in winning the war on drugs , and that hope lies in education and drug
demand reduction, coupled with the hard work and determination of organizations such as the Young Marines
of the Marine Corps League to foster a healthy, drug-free lifestyle; and
WHEREAS, governments and community leaders know that citizen support is one of the most
effective tools in the effort to reduce the use of illicit drugs in our communities : and
WHEREAS. the red ribbon has been chosen as a symbol commemorating the work of Enrique "Kiki"
Camarena, a Drug Enforcement Administration agent who was murdered in the line of duty, and represents the
belief that one person can make a difference; and
WHEREAS, the Red Ribbon Campaign was established by Congress in 1988 to encourage a drug-
.free lifestyle and involvement in drug prevention and reduction efforts; and
WHEREAS, October 23-31 , 201 7 has been designated National Red Ribbon Week, which encourages
Americans to wear a red ribbon to show their support for a drug-free environment.
NOW, THEREFORE. I, Maria G. Marino , by virtue of the authority vested in me as Mayor of the
City of Palm Beach Gardens, Florida, do hereby proclaim October 23 -31 , 201 7 as
NA TIONA L RED RIBBON WEEK
in the City of Palm Beach Gardens and urge all citizens to join me in this special observance.
Attest:
Patricia Snider, CMC, City Clerk
IN WITNESS WHEREO F, I have hereunto set my hand
and caused the Seal of the City of Palm Beach Gardens,
Florida, to be affixed on this 12'h day of October in the
year Two Thousand and Seventeen.
Maria G. Marino , Mayor
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 12, 2017
Ordinance 22, 2017
Subject/Agenda Item:
Amendment to the City's Land Development Regulations
Public Hearing and Second and Final Reading: Amending Chapter 78 of the City's Code
of Ordinances in order to add Medical Marijuana Treatment Center -Dispensing Facilities to
the list of Prohibited Uses in all Zoning Districts and add definitions of "Marijuana" and "Medical
Marijuana Treatment Center -Dispensing Facilities."
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Development Compliance
and Zoning Manager
NIA
Bahareh Wolfs, AICP
Approved By:
Originating Dept.:
Plan nin g & Zoning:
[ ] Quasi -Judicial
[X] Legislative
[X] Public Hearing
Advertised:
[X] Required
[ ] Not Required
Date : 9/27/201 7
Paper: Palm Beach
Post
Finance: City Council Action:
Accountant [ J Approval
NIA
[ J App. wl Conds.
Tresha Thomas [ J Den ial
[ J Continued to: __
Fees Paid: N/A
Funding Source:
[ ] Operati ng
[X] Other N/A
Attachments:
Budget Acct.#: N/A • Section 381. 986 Florida
Statutes
Effective Date: • Ordinance 22, 2017 NIA
Expiration Date:
NIA
EXECUTIVE SUMMARY
Meeting Date: October 12, 2017
Ordinance 22, 2017
Page 2 of 5
A City-initiated request to amend certain sections of the City's Land Development
Regulations, Chapter 78. The proposed amendment will add Medical Marijuana
Treatment Center-Dispensing Centerto the list of prohibited uses and will add definitions
for "Marijuana" and "Medical Marijuana Treatment Center -Distribution Center." Staff is
recommending approval of Ordinance 22, 2017.
BACKGROUND
On November 8, 2016, Florida voters approved an amendment to the Florida Constitution
to allow for broad use of medical marijuana (including euphoric strains) and alternative
dispensing methods such as marijuana-based food products within the State (the "2016
Constitutional Amendment"). The 2016 Constitutional Amendment authorizes and
defines "Medical Marijuana Treatment Centers" to encompass the entire supply chain
(cultivation, processing, transportation, distribution, dispensing, and administering), not
just retail sales to qualified patients.
In June of 2017, the Florida Legislature met in Special Session and approved Senate Bill
8-A amending Section 381.986 Florida Statutes, that substantially amends existing
Florida law on medical marijuana. The City's Code needs to be amended to conform to
the new requirements of Section 381.986, Florida Statutes, which was signed into law by
Governor Rick Scott on June 23, 2017. Of particular note, Section 381.986(11)
Preemption, F.S . allows municipalities two options for regulating Medical Marijuana
Treatment Center -Distribution Center under the City's zoning regulations. These two
options include regulating and affording these uses utilizing the same zoning rules and
regulations that govern traditional pharmacies or the City is allowed to prohibit the use
within the City limits. Staff is recommending that these uses be prohibited uses in all
zoning districts in the City. Please refer to the Staff Analysis Section for a more detailed
analysis.
PROPOSED AMENDMENT
Subpart B
LAND DEVELOPMENT REGULATIONS
Chapter 78
LAND DEVELOPMENT
Article IV. Zoning Districts
Sec. 78-159. Permitted uses, minor and major conditional uses, and prohibited
uses.
(a)-(i) (These subsections shall remain in full force and effect as previously enacted.)
T able 21 : Permitted, Cond itional , and Prohibited Use Chart
Meeting Date: October 12, 2017
Ordinance 22, 2017
Page 3 of5
(Please note that P= Permitted Use, C = Minor Conditional Use, C* = Major Conditional
Use , Blank = Prohibited)
CATEGO RY/USE RE RR10 RR20 RL 1 RL2 RL3 RM RH RMH PO CN CG1 CG2 CR M1 M1A M2 P&I CO NS
*** (The previo us rows of Table 21 have been omitted for brevit y.)***
RETAIL & COMMERC IAL
Medical and
Dental Supply C p p p p
Sa les
Microbrewery/Craft c · c · C' c · Brewerv/Brew Pub
Medica l Marijuana
Treatment Center-
Dispensing Facility
(MMTC -DF)
Motorcycle Sales p p
an d Service
*** (In tervening rows of Table 21 have been omitted for brevity.)***
G) Additional Standards . The following standards apply to specific uses as indicated
in the "Note" column of T able 21 .
(1 ) -(7 2) (These subsections shall remain in full force and effect as previously
enacted .)
(73) Medical Marijuana Treatment Center-Dispensing Facilities (MMTC-DF) are strictly
and specifically prohibited in all zoning districts in the City of Palm Beach Gardens.
Staff Comment: This section adds Medical Marijuana Treatment Center -Dispensing
Facilities to the "Permitted, Conditional, and Prohibited Use Chart".
Sec. 78-751 . -Definitions.
Marijuana means all parts of any plant of the genus Cannabis, whether growing or not
the seeds thereof; the resin extracted from any part of the plant and every compound,
manufacture, sale, derivative, mixture, or preparation of the plant or seed or resin that is
dispensed only from a dispensing organization for medical use by an eligible patient as
defined in s . 499 .0295, F .S • including low-THC cannabis, which are dispensed from a
medical marijuana treatment center for medical use by a qualified patient as defined in
section 381.986, F.S . Marijuana includes any strain of marijuana or cannabis, in any form,
that is authorized by State law to be dispensed or sold in the State of Florida . Also referred
to as "medical marijuana."
Medical Mariiuana Treatment Center-Dispensing Facility (MMTC-DF) means a
retail establishment, licensed by the Florida Department of Health as a "medical
marijuana treatment facility," facility established by a licensed "medical marijuana
treatment center," "dispensing organization." "dispensing organization facility," or similar
use, that sells and dispenses marijuana , products containing marijuana. or related
PD A Note
73
Meeting Date: October 12, 2017
Ordinance 22, 2017
Page 4 of5
supplies, but does not engage in any other activity related to preparation, wholesale
storage, distribution, transfer, cultivation, or processing of any form of marijuana,
marijuana products, or related supplies, and does not allow on-site consumption of
marijuana or marijuana products.
Staff Comment: This adds definitions for Marijuana, Medical Marijuana Treatment Center
-Distribution Facility (MMTC-DF) consistent with Florida Statutes.
STAFF ANALYSIS
As stated in the Background Section, Staff is recommending MMTC-DFs be a prohibited
use in the City. Section 381.986(11 ), F .S., preempts local jurisdictions from placing zoning
rules and regulations and permitting requirements on MMTC-DFs that are more stringent
than the rules and regulations for general pharmacies (i.e., Walgreens, CVS, Publix). In
addition to the limitations the State law places on a local government's ability to place
zoning rules and regulations on these uses, there are Police Department and Fire Rescue
Department public safety concerns that these uses generate.
Section 381.986, F.S., states that MMTC-DFs may not be located within 500 feet of a
public or private elementary school, middle school, or secondary school. The law does
not, however, establish distance requirements from nursery schools, day care centers, or
churches . Also, the law does not limit the number of dispensaries that may be located
within a municipality. In fact, the law states that if a municipality does not ban dispensing
facilities, the municipality may not place limits on the number of facilities within the
municipality.
Pharmacies are permitted, either by right or as a minor conditional use, in the City's
Professional Office (PO), Neighborhood Commercial (NC), General Commercial (CG-1),
and Heavy Commercial (CG-2) zoning districts. Based on the City's currently adopted
zoning map, MMTC-DFs would be permitted in large areas of the City. These include
most of the Military Trail, PGA Boulevard, Northlake Boulevard, and Alternate A 1A
corridors. If the City were to adopt or enact more restrictive locational or operational
restrictions for MMTC-DFs, then many of the existing pharmacies would be made non-
conforming and may not be able to rebuild should they be damaged.
Zoning often places different restrictions on similar uses due to specific concerns over
compatibility with surrounding uses, traffic and parking generated, and potential nuisance
or safety concerns . The City should have the ability to establish distance requirements
between dispensaries to prevent clustering, analyze the zoning districts to determine
which are appropriate, and possibly require conditional use approval. Section 381.986,
F.S., prevents the City from conducting that analysis or applying those restrictions.
Marijuana remains a Schedule I Controlled Substance by the federal government. As
such, the production, possession, sale, and use of marijuana is illegal under federal law.
Any funds derived from the production or sale of marijuana may be seized by federal law
enforcement officers, and as a result, most financial institutions will not accept money
from medical marijuana dispensaries nor will they process credit card transactions for
Meeting Date: October 12, 2017
Ordinance 22, 2017
Page 5 of5
them. Therefore, all business transactions/purchases at MMTC-DFs would be completed
as cash transactions. This large concentration of cash and large amounts of marijuana
products on the premises creates an "attractive nuisance" and generates conditions that
have a high likelihood of creating and increasing criminal activity. Furthermore, without
reasonable zoning restrictions on proximity, multiple or clusters of MMTC-DFs could
further intensify the potential criminal component. For these reasons, the City's Police
Department, as part of the Development Review Committee, recommends and supports
prohibiting these uses within the City.
Due to the concentrations of cash and marijuana products, the MMTC-DFs would have
to harden the facility to minimize robberies or unauthorized entry. Bars on the windows,
self-locking doors, and electronic key card entry systems are examples of the security
systems that may be employed. Fire Rescue Staff has concerns that these measures
would delay or prevent entry by Fire Rescue personnel or exit by employees or patrons
in the event of an emergency on the premises. For these reasons, the City's Fire Rescue
Department, as part of the Development Review Committee, recommends and supports
prohibiting these uses within the City.
MMTC-DFs present challenges to municipalities in integrating them into the surrounding
uses. Section 381.986(11), F.S., severely limits the City's ability to reasonably address
the challenges through the zoning process. Likewise, the legislation prevents the Police
Department and Fire Rescue Department from addressing the potential hazards
previously identified. For these reasons, City Staff is recommending prohibiting MMTC-
DFs as uses within the City Limits of Palm Beach Gardens as allowed by Section
381.986(11), F.S.
PLANNING, ZONING, AND APPEALS BOARD (PZAB)
The petition was heard at the September 19, 2017, PZAB meeting. The PZAB
recommended approval by a vote of 5-0 .
CITY COUNCIL ACTION:
On September 7, 2017, the City Council approved Ordinance 22, 2017 on first reading by
a vote of 5 to 0.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 22, 2017 as presented on second and final
reading.
Statutes & Constitution :View Statutes: Online Sunshine
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Select Year: 12017 vi~
The 2017 Florida Statutes
Chapter 381 Title XXIX
PUBLIC HEALTH PUBLIC HEALTH: GENERAL PROVISIONS
1381. 986 Medical use of marijuana.-
(1) DEFINITIONS.-As used in this section, the term:
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View Entire Chapter
(a) "Caregiver" means a resident of this state who has agreed to assist with a qualified patient's
medical use of marijuana, has a caregiver identification card, and meets the requirements of subsection
(6).
(b) "Chronic nonmalignant pain" means pain that is caused by a qualifying medical condition or that
originates from a qualifying medical condition and persists beyond the usual course of that qualifying
medical condition.
(c) "Close relative" means a spouse, parent, sibling, grandparent, child, or grandchild, whether
related by whole or half blood, by marriage, or by adoption.
(d) "Edibles" means commercially produced food items made with marijuana oil, but no other form
of marijuana, that are produced and dispensed by a medical marijuana treatment center.
(e) "Low-THC cannabis" means a plant of the genus Cannabis, the dried flowers of which contain 0.8
percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the
seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt,
derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed from a medical
marijuana treatment center.
(f) "Marijuana" means all parts of any plant of the genus Cannabis, whether growing or not; the
seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which
are dispensed from a medical marijuana treatment center for medical use by a qualified patient.
(g) "Marijuana delivery device" means an object used, intended for use, or designed for use in
preparing, storing, ingesting, inhaling, or otherwise introducing marijuana into the human body, and
which is dispensed from a medical marijuana treatment center for medical use by a qualified patient.
(h) "Marijuana testing laboratory" means a facility that collects and analyzes marijuana samples
from a medical marijuana treatment center and has been certified by the department pursuant to s.
381 .988.
(i) "Medical director" means a person who holds an active, unrestricted license as an allopathic
physician under chapter 458 or osteopathic physician under chapter 459 and is in compliance with the
requirements of paragraph (3)(c).
(j) "Medical use" means the acquisition, possession, use, delivery, transfer, or administration of
marijuana authorized by a physician certification. The term does not include:
1. Possession, use, or administration of marijuana that was not purchased or acquired from a
medical marijuana treatment center.
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2. Possession, use, or administration of marijuana in a form for smoking, in the form of
commercially produced food items other than edibles, or of marijuana seeds or flower, except for
flower in a sealed, tamper-proof receptacle for vaping.
3. Use or administration of any form or amount of marijuana in a manner that is inconsistent with
the qualified physician's directions or physician certification.
4. Transfer of marijuana to a person other than the qualified patient for whom it was authorized or
the qualified patient's caregiver on behalf of the qualified patient.
5. Use or administration of marijuana in the following locations:
a. On any form of public transportation, except for low-THC cannabis.
b. In any public place, except for low-THC cannabis.
c. In a qualified patient's place of employment, except when permitted by his or her employer.
d. In a state correctional institution, as defined in s. 944.02, or a correctional institution, as defined
ins. 944.241.
e. On the grounds of a preschool, primary school, or secondary school, except as provided ins.
1006.062.
f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis.
(k) "Physician certification" means a qualified physician's authorization for a qualified patient to
receive marijuana and a marijuana delivery device from a medical marijuana treatment center.
(l) "Qualified patient" means a resident of this state who has been added to the medical marijuana
use registry by a qualified physician to receive marijuana or a marijuana delivery device for a medical
use and who has a qualified patient identification card.
(m) "Qualified physician" means a person who holds an active, unrestricted license as an allopathic
physician under chapter 458 or as an osteopathic physician under chapter 459 and is in compliance with
the physician education requirements of subsection (3).
(n) "Smoking" means burning or igniting a substance and inhaling the smoke.
(o) "Terminal condition" means a progressive disease or medical or surgical condition that causes
significant functional impairment, is not considered by a treating physician to be reversible without the
administration of life-sustaining procedures, and will result in death within 1 year after diagnosis if the
condition runs its normal course.
(2) QUALIFYING MEDICAL CONDITIONS.-A patient must be diagnosed with at least one of the
following conditions to qualify to receive marijuana or a marijuana delivery device:
(a) Cancer.
(b) Epilepsy.
(c) Glaucoma.
(d) Positive status for human immunodeficiency virus.
(e) Acquired immune deficiency syndrome.
(f) Post-traumatic stress disorder.
(g) Amyotrophic lateral sclerosis.
(h) Crohn's disease.
(i) Parkinson's disease.
(j) Multiple sclerosis.
(k) Medical conditions of the same kind or class as or comparable to those enumerated in paragraphs
(a)-(j).
(l) A terminal condition diagnosed by a physician other than the qualified physician issuing the
physician certification.
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(m) Chronic nonmalignant pain.
(3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.-
(a) Before being approved as a qualified physician, as defined in paragraph (1 )(m), and before each
license renewal, a physician must successfully complete a 2-hour course and subsequent examination
offered by the Florida Medical Association or the Florida Osteopathic Medical Association which
encompass the requirements of this section and any rules adopted hereunder. The course and
examination shall be administered at least annually and may be offered in a distance learning format,
including an electronic, online format that is available upon request. The price of the course may not
exceed $500. A physician who has met the physician education requirements of formers. 381. 986(4),
Florida Statutes 2016, before June 23, 2017, shall be deemed to be in compliance with this paragraph
from June 23, 2017, until 90 days after the course and examination required by this paragraph become
available.
(b) A qualified physician may not be employed by, or have any direct or indirect economic interest
in, a medical marijuana treatment center or marijuana testing laboratory.
(c) Before being employed as a medical director, as defined in paragraph (1 )(i), and before each
license renewal, a medical director must successfully complete a 2-hour course and subsequent
examination offered by the Florida Medical Association or the Florida Osteopathic Medical Association
which encompass the requirements of this section and any rules adopted hereunder. The course and
examination shall be administered at least annually and may be offered in a distance learning format,
including an electronic, online format that is available upon request. The price of the course may not
exceed $500.
(4) PHYSICIAN CERTIFICATION.-
(a) A qualified physician may issue a physician certification only if the qualified physician:
1. Conducted a physical examination while physically present in the same room as the patient and a
full assessment of the medical history of the patient.
2. Diagnosed the patient with at least one qualifying medical condition.
3. Determined that the medical use of marijuana would likely outweigh the potential health risks for
the patient, and such determination must be documented in the patient's medical record. If a patient is
younger than 18 years of age, a second physician must concur with this determination, and such
concurrence must be documented in the patient's medical record.
4. Determined whether the patient is pregnant and documented such determination in the patient's
medical record. A physician may not issue a physician certification, except for low-THC cannabis, to a
patient who is pregnant.
5. Reviewed the patient's controlled drug prescription history in the prescription drug monitoring
program database established pursuant to s. 893.055.
6. Reviews the medical marijuana use registry and confirmed that the patient does not have an
active physician certification from another qualified physician.
7. Registers as the issuer of the physician certification for the named qualified patient on the
medical marijuana use registry in an electronic manner determined by the department, and:
a. Enters into the registry the contents of the physician certification, including the patient's
qualifying condition and the dosage not to exceed the daily dose amount determined by the
department, the amount and forms of marijuana authorized for the patient, and any types of marijuana
delivery devices needed by the patient for the medical use of marijuana.
b. Updates the registry within 7 days after any change is made to the original physician certification
to reflect such change.
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c. Deactivates the registration of the qualified patient and the patient's caregiver when the
physician no longer recommends the medical use of marijuana for the patient.
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8. Obtains the voluntary and informed written consent of the patient for medical use of marijuana
each time the qualified physician issues a physician certification for the patient, which shall be
maintained in the patient's medical record. The patient, or the patient's parent or legal guardian if the
patient is a minor, must sign the informed consent acknowledging that the qualified physician has
sufficiently explained its content. The qualified physician must use a standardized informed consent
form adopted in rule by the Board of Medicine and the Board of Osteopathic Medicine, which must
include, at a minimum, information related to:
a. The Federal Government's classification of marijuana as a Schedule I controlled substance.
b. The approval and oversight status of marijuana by the Food and Drug Administration.
c. The current state of research on the efficacy of marijuana to treat the qualifying conditions set
forth in this section.
d. The potential for addiction.
e. The potential effect that marijuana may have on a patient's coordination, motor skills, and
cognition, including a warning against operating heavy machinery, operating a motor vehicle, or
engaging in activities that require a person to be alert or respond quickly.
f. The potential side effects of marijuana use.
g. The risks, benefits, and drug interactions of marijuana.
h. That the patient's de-identified health information contained in the physician certification and
medical marijuana use registry may be used for research purposes.
(b) If a qualified physician issues a physician certification for a qualified patient diagnosed with a
qualifying medical condition pursuant to paragraph (2)(k), the physician must submit the following to
the applicable board within 14 days after issuing the physician certification:
1. Documentation supporting the qualified physician's opinion that the medical condition is of the
same kind or class as the conditions in paragraphs (2)(a)-(j).
2. Documentation that establishes the efficacy of marijuana as treatment for the condition .
3. Documentation supporting the qualified physician's opinion that the benefits of medical use of
marijuana would likely outweigh the potential health risks for the patient.
4. Any other documentation as required by board rule.
The department must submit such documentation to the Coalition for Medical Marijuana Research and
Education established pursuant to s. 1004.4351.
(c) A qualified physician may not issue a physician certification for more than three 70-day supply
limits of marijuana. The department shall quantify by rule a daily dose amount with equivalent dose
amounts for each allowable form of marijuana dispensed by a medical marijuana treatment center. The
department shall use the daily dose amount to calculate a 70-day supply.
1. A qualified physician may request an exception to the daily dose amount limit. The request shall
be made electronically on a form adopted by the department in rule and must include, at a minimum:
a. The qualified patient's qualifying medical condition.
b. The dosage and route of administration that was insufficient to provide relief to the qualified
patient.
c. A description of how the patient will benefit from an increased amount.
d. The minimum daily dose amount of marijuana that would be sufficient for the treatment of the
qualified patient's qualifying medical condition.
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2. A qualified physician must provide the qualified patient's records upon the request of the
department.
3. The department shall approve or disapprove the request within 14 days after receipt of the
complete documentation required by this paragraph. The request shall be deemed approved if the
department fails to act within this time period.
(d) A qualified physician must evaluate an existing qualified patient at least once every 30 weeks
before issuing a new physician certification. A physician must:
1. Determine if the patient still meets the requirements to be issued a physician certification under
paragraph (a).
2. Identify and document in the qualified patient's medical records whether the qualified patient
experienced either of the following related to the medical use of marijuana:
a. An adverse drug interaction with any prescription or nonprescription medication; or
b. A reduction in the use of, or dependence on, other types of controlled substances as defined in s.
893.02.
3. Submit a report with the findings required pursuant to subparagraph 2. to the department. The
department shall submit such reports to the Coalition for Medical Marijuana Research and Education
established pursuant to s. 1004.4351.
(e) An active order for low-THC cannabis or medical cannabis issued pursuant to formers. 381. 986,
Florida Statutes 2016, and registered with the compassionate use registry before June 23, 2017, is
deemed a physician certification, and all patients possessing such orders are deemed qualified patients
until the department begins issuing medical marijuana use registry identification cards.
(f) The department shall monitor physician registration in the medical marijuana use registry and
the issuance of physician certifications for practices that could facilitate unlawful diversion or misuse of
marijuana or a marijuana delivery device and shall take disciplinary action as appropriate.
(g) The Board of Medicine and the Board of Osteopathic Medicine shall jointly create a physician
certification pattern review panel that shall review all physician certifications submitted to the medical
marijuana use registry. The panel shall track and report the number of physician certifications and the
qualifying medical conditions, dosage, supply amount, and form of marijuana certified. The panel shall
report the data both by individual qualified physician and in the aggregate, by county, and statewide.
The physician certification pattern review panel shall, beginning January 1, 2018, submit an annual
report of its findings and recommendations to the Governor, the President of the Senate, and the
Speaker of the House of Representatives.
(h) The department, the Board of Medicine, and the Board of Osteopathic Medicine may adopt rules
pursuant toss. 120.536(1) and 120.54 to implement this subsection.
(5) MEDICAL MARIJUANA USE REGISTRY.-
(a) The department shall create and maintain a secure, electronic, and online medical marijuana
use registry for physicians, patients, and caregivers as provided under this section. The medical
marijuana use registry must be accessible to law enforcement agencies, qualified physicians, and
medical marijuana treatment centers to verify the authorization of a qualified patient or a caregiver to
possess marijuana or a marijuana delivery device and record the marijuana or marijuana delivery device
dispensed. The medical marijuana use registry must also be accessible to practitioners licensed to
prescribe prescription drugs to ensure proper care for patients before medications that may interact
with the medical use of marijuana are prescribed. The medical marijuana use registry must prevent an
active registration of a qualified patient by multiple physicians.
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(b) The department shall determine whether an individual is a resident of this state for the purpose
of registration of qualified patients and caregivers in the medical marijuana use registry. To prove
residency:
1. An adult resident must provide the department with a copy of his or her valid Florida driver
license issued under s. 322.18 or a copy of a valid Florida identification card issued under s. 322.051.
2. An adult seasonal resident who cannot meet the requirements of subparagraph 1. may provide the
department with a copy of two of the following that show proof of residential address:
a. A deed, mortgage, monthly mortgage statement, mortgage payment booklet or residential rental
or lease agreement.
b. One proof of residential address from the seasonal resident's parent, step-parent, legal guardian
or other person with whom the seasonal resident resides and a statement from the person with whom
the seasonal resident resides stating that the seasonal resident does reside with him or her.
c. A utility hookup or work order dated within 60 days before registration in the medical use
registry.
d. A utility bill, not more than 2 months old.
e. Mail from a financial institution, including checking, savings, or investment account statements,
not more than 2 months old.
f. Mail from a federal, state, county, or municipal government agency, not more than 2 months old.
g. Any other documentation that provides proof of residential address as determined by department
rule.
3. A minor must provide the department with a certified copy of a birth certificate or a current
record of registration from a Florida K-12 school and must have a parent or legal guardian who meets
the requirements of subparagraph 1.
For the purposes of this paragraph, the term "seasonal resident" means any person who temporarily
resides in this state for a period of at least 31 consecutive days in each calendar year, maintains a
temporary residence in this state, returns to the state or jurisdiction of his or her residence at least one
time during each calendar year, and is registered to vote or pays income tax in another state or
jurisdiction.
(c) The department may suspend or revoke the registration of a qualified patient or caregiver if the
qualified patient or caregiver:
1. Provides misleading, incorrect, false, or fraudulent information to the department;
2. Obtains a supply of marijuana in an amount greater than the amount authorized by the physician
certification;
3. Falsifies, alters, or otherwise modifies an identification card;
4. Fails to timely notify the department of any changes to his or her qualified patient status; or
5. Violates the requirements of this section or any rule adopted under this section.
(d) The department shalt immediately suspend the registration of a qualified patient charged with a
violation of chapter 893 until final disposition of any alleged offense. Thereafter, the department may
extend the suspension, revoke the registration, or reinstate the registration.
(e) The department shall immediately suspend the registration of any caregiver charged with a
violation of chapter 893 until final disposition of any alleged offense. The department shall revoke a
caregiver registration if the caregiver does not meet the requirements of subparagraph (6)(b)6.
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(f) The department may revoke the registration of a qualified patient or caregiver who cultivates
marijuana or who acquires, possesses, or delivers marijuana from any person or entity other than a
medical marijuana treatment center.
(g) The department shall revoke the registration of a qualified patient, and the patient's associated
caregiver, upon notification that the patient no longer meets the criteria of a qualified patient.
(h) The department may adopt rules pursuant to ss. 120. 536(1) and 120. 54 to implement this
subsection .
(6) CAREGIVERS.-
(a) The department must register an individual as a caregiver on the medical marijuana use registry
and issue a caregiver identification card if an individual designated by a qualified patient meets all of
the requirements of this subsection and department rule.
(b) A caregiver must:
1. Not be a qualified physician and not be employed by or have an economic interest in a medical
marijuana treatment center or a marijuana testing laboratory.
2. Be 21 years of age or older and a resident of this state.
3. Agree in writing to assist with the qualified patient's medical use of marijuana.
4. Be registered in the medical marijuana use registry as a caregiver for no more than one qualified
patient, except as provided in this paragraph.
5. Successfully complete a caregiver certification course developed and administered by the
department or its designee, which must be renewed biennially. The price of the course may not exceed
$100.
6. Pass a background screening pursuant to subsection (9), unless the patient is a close relative of
the caregiver.
(c) A qualified patient may designate no more than one caregiver to assist with the qualified
patient's medical use of marijuana, unless:
1. The qualified patient is a minor and the designated caregivers are parents or legal guardians of
the qualified patient;
2. The qualified patient is an adult who has an intellectual or developmental disability that prevents
the patient from being able to protect or care for himself or herself without assistance or supervision
and the designated caregivers are the parents or legal guardians of the qualified patient; or
3. The qualified patient is admitted to a hospice program.
(d) A caregiver may be registered in the medical marijuana use registry as a designated caregiver for
no more than one qualified patient, unless:
1. The caregiver is a parent or legal guardian of more than one minor who is a qualified patient;
2. The caregiver is a parent or legal guardian of more than one adult who is a qualified patient and
who has an intellectual or developmental disability that prevents the patient from being able to protect
or care for himself or herself without assistance or supervision; or
3. All qualified patients the caregiver has agreed to assist are admitted to a hospice program and
have requested the assistance of that caregiver with the medical use of marijuana; the caregiver is an
employee of the hospice; and the caregiver provides personal care or other services directly to clients of
the hospice in the scope of that employment.
(e) A caregiver may not receive compensation, other than actual expenses incurred, for any services
provided to the qualified patient.
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(f) If a qualified patient is younger than 18 years of age, only a caregiver may purchase or
administer marijuana for medical use by the qualified patient. The qualified patient may not purchase
marijuana.
(g) A caregiver must be in immediate possession of his or her medical marijuana use registry
identification card at all times when in possession of marijuana or a marijuana delivery device and must
present his or her medical marijuana use registry identification card upon the request of a law
enforcement officer.
(h) The department may adopt rules pursuant toss. 120.536(1) and 120.54 to implement this
subsection.
(7) IDENTIFICATION CARDS.-
(a) The department shall issue medical marijuana use registry identification cards for qualified
patients and caregivers who are residents of this state, which must be renewed annually. The
identification cards must be resistant to counterfeiting and tampering and must include, at a minimum,
the following:
1. The name, address, and date of birth of the qualified patient or caregiver.
2. A full-face, passport-type, color photograph of the qualified patient or caregiver taken within the
90 days immediately preceding registration or the Florida driver license or Florida identification card
photograph of the qualified patient or caregiver obtained directly from the Department of Highway
Safety and Motor Vehicles.
3. Identification as a qualified patient or a caregiver.
4. The unique numeric identifier used for the qualified patient in the medical marijuana use
registry.
5. For a caregiver, the name and unique numeric identifier of the caregiver and the qualified
patient or patients that the caregiver is assisting.
6. The expiration date of the identification card.
(b) The department must receive written consent from a qualified patient's parent or legal guardian
before it may issue an identification card to a qualified patient who is a minor.
l(c) The department shall adopt rules pursuant to ss. 120. 536(1) and 120. 54 establishing procedures
for the issuance, renewal, suspension, replacement, surrender, and revocation of medical marijuana use
registry identification cards pursuant to this section and shall begin issuing qualified patient
identification cards by October 3, 2017.
(d) Applications for identification cards must be submitted on a form prescribed by the department.
The department may charge a reasonable fee associated with the issuance, replacement, and renewal of
identification cards. The department shall allocate $10 of the identification card fee to the Division of
Research at Florida Agricultural and Mechanical University for the purpose of educating minorities about
marijuana for medical use and the impact of the unlawful use of marijuana on minority communities.
The department shall contract with a third-party vendor to issue identification cards. The vendor
selected by the department must have experience performing similar functions for other state agencies.
(e) A qualified patient or caregiver shall return his or her identification card to the department
within 5 business days after revocation.
1(8) MEDICAL MARIJUANA TREATMENT CENTERS.-
(a) The department shall license medical marijuana treatment centers to ensure reasonable
statewide accessibility and availability as necessary for qualified patients registered in the medical
marijuana use registry and who are issued a physician certification under this section.
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1. As soon as practicable, but no later than July 3, 2017, the department shall license as a medical
marijuana treatment center any entity that holds an active, unrestricted license to cultivate, process,
transport, and dispense low-THC cannabis, medical cannabis, and cannabis delivery devices, under
formers. 381. 986, Florida Statutes 2016, before July 1, 2017, and which meets the requirements of this
section. In addition to the authority granted under this section, these entities are authorized to dispense
low-THC cannabis, medical cannabis, and cannabis delivery devices ordered pursuant to formers.
381. 986, Florida Statutes 2016, which were entered into the compassionate use registry before July 1,
2017, and are authorized to begin dispensing marijuana under this section on July 3, 2017. The
department may grant variances from the representations made in such an entity's original application
for approval under formers. 381. 986, Florida Statutes 2014, pursuant to paragraph (e).
2. The department shall license as medical marijuana treatment centers 10 applicants that meet the
requirements of this section, under the following parameters:
a. As soon as practicable, but no later than August 1, 2017, the department shall license any
applicant whose application was reviewed, evaluated, and scored by the department and which was
denied a dispensing organization license by the department under former s. 381. 986, Florida Statutes
2014; which had one or more administrative or judicial challenges pending as of January 1, 2017, or had
a final ranking within one point of the highest final ranking in its region under formers. 381. 986, Florida
Statutes 2014; which meets the requirements of this section; and which provides documentation to the
department that it has the existing infrastructure and technical and technological ability to begin
cultivating marijuana within 30 days after registration as a medical marijuana treatment center.
b. As soon as practicable, but no later than October 3, 2017, the department shall license one
applicant that is a recognized class member of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), or /n
Re Black Farmers Utig., 856 F. Supp. 2d 1 (D.D.C. 2011) and is a member of the Black Farmers and
Agriculturalists Association-Florida Chapter. An applicant licensed under this sub-subparagraph is
exempt from the requirements of subparagraphs (b)1. and 2.
c. As soon as practicable, but no later than October 3, 2017, the department shall license applicants
that meet the requirements of this section in sufficient numbers to result in 10 total licenses issued
under this subparagraph, while accounting for the number of licenses issued under sub-subparagraphs a.
and b.
3. For up to two of the licenses issued under subparagraph 2., the department shall give preference
to applicants that demonstrate in their applications that they own one or more facilities that are, or
were, used for the canning, concentrating, or otherwise processing of citrus fruit or citrus molasses and
will use or convert the facility or facilities for the processing of marijuana.
4. Within 6 months after the registration of 100,000 active qualified patients in the medical
marijuana use registry, the department shall license four additional medical marijuana treatment
centers that meet the requirements of this section. Thereafter, the department shall license four
medical marijuana treatment centers within 6 months after the registration of each additional 100,000
active qualified patients in the medical marijuana use registry that meet the requirements of this
section.
5. Dispensing facilities are subject to the following requirements:
a. A medical marijuana treatment center may not establish or operate more than a statewide
maximum of 25 dispensing facilities, unless the medical marijuana use registry reaches a total of
100,000 active registered qualified patients. When the medical marijuana use registry reaches 100,000
active registered qualified patients, and then upon each further instance of the total active registered
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qualified patients increasing by 100,000, the statewide maximum number of dispensing facilities that
each licensed medical marijuana treatment center may establish and operate increases by five.
b. A medical marijuana treatment center may not establish more than the maximum number of
dispensing facilities allowed in each of the Northwest, Northeast, Central, Southwest, and Southeast
Regions. The department shall determine a medical marijuana treatment center's maximum number of
dispensing facilities allowed in each region by calculating the percentage of the total statewide
population contained within that region and multiplying that percentage by the medical marijuana
treatment center's statewide maximum number of dispensing facilities established under sub-
subparagraph a., rounded to the nearest whole number. The department shall ensure that such rounding
does not cause a medical marijuana treatment center's total number of statewide dispensing facilities
to exceed its statewide maximum. The department shall initially calculate the maximum number of
dispensing facilities allowed in each region for each medical marijuana treatment center using county
population estimates from the Florida Estimates of Population 2016, as published by the Office of
Economic and Demographic Research, and shall perform recalculations following the official release of
county population data resulting from each United States Decennial Census. For the purposes of this
subparagraph:
(I) The Northwest Region consists of Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes,
Jackson, Jefferson, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and
Washington Counties.
(II) The Northeast Region consists of Alachua, Baker, Bradford, Clay, Columbia, Dixie, Duval, Flagler,
Gilchrist, Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns, Suwannee, and Union Counties.
(Ill) The Central Region consists of Brevard, Citrus, Hardee, Hernando, Indian River, Lake, Orange,
Osceola, Pasco, Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia Counties.
(IV) The Southwest Region consists of Charlotte, Collier, DeSoto, Glades, Hendry, Highlands,
Hillsborough, Lee, Manatee, Okeechobee, and Sarasota Counties.
(V) The Southeast Region consists of Broward, Miami-Dade, Martin, Monroe, and Palm Beach
Counties.
c. If a medical marijuana treatment center establishes a number of dispensing facilities within a
region that is less than the number allowed for that region under sub-subparagraph b., the medical
marijuana treatment center may sell one or more of its unused dispensing facility slots to other licensed
medical marijuana treatment centers. For each dispensing facility slot that a medical marijuana
treatment center sells, that medical marijuana treatment center's statewide maximum number of
dispensing facilities, as determined under sub-subparagraph a., is reduced by one. The statewide
maximum number of dispensing facilities for a medical marijuana treatment center that purchases an
unused dispensing facility slot is increased by one per slot purchased. Additionally, the sale of a
dispensing facility slot shall reduce the seller's regional maximum and increase the purchaser's regional
maximum number of dispensing facilities, as determined in sub-subparagraph b., by one for that region.
For any slot purchased under this sub-subparagraph, the regional restriction applied to that slot's
location under sub-subparagraph b. before the purchase shall remain in effect following the purchase. A
medical marijuana treatment center that sells or purchases a dispensing facility slot must notify the
department within 3 days of sale.
d. This subparagraph shall expire on April 1, 2020.
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If this subparagraph or its application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this act which can be given effect without the invalid
provision or application, and to this end, the provisions of this subparagraph are severable.
(b) An applicant for licensure as a medical marijuana treatment center shall apply to the
department on a form prescribed by the department and adopted in rule. The department shall adopt
rules pursuant to ss. 120. 536(1) and 120. 54 establishing a procedure for the issuance and biennial
renewal of licenses, including initial application and biennial renewal fees sufficient to cover the costs
of implementing and administering this section, and establishing supplemental licensure fees for
payment beginning May 1, 2018, sufficient to cover the costs of administering ss. 381. 989 and
1004.4351. The department shall identify applicants with strong diversity plans reflecting this state's
commitment to diversity and implement training programs and other educational programs to enable
minority persons and minority business enterprises, as defined in s. 288. 703, and veteran business
enterprises, as defined in s. 295.187, to compete for medical marijuana treatment center licensure and
contracts. Subject to the requirements in subparagraphs (a)2.-4., the department shall issue a license to
an applicant if the applicant meets the requirements of this section and pays the initial application fee.
The department shall renew the licensure of a medical marijuana treatment center biennially if the
licensee meets the requirements of this section and pays the biennial renewal fee. An individual may
not be an applicant, owner, officer, board member, or manager on more than one application for
licensure as a medical marijuana treatment center. An individual or entity may not be awarded more
than one license as a medical marijuana treatment center. An applicant for licensure as a medical
marijuana treatment center must demonstrate:
1. That, for the 5 consecutive years before submitting the application, the applicant has been
registered to do business in the state.
2. Possession of a valid certificate of registration issued by the Department of Agriculture and
Consumer Services pursuant to s. 581.131.
3. The technical and technological ability to cultivate and produce marijuana, including, but not
limited to, low-THC cannabis.
4. The ability to secure the premises, resources, and personnel necessary to operate as a medical
marijuana treatment center.
5. The ability to maintain accountability of all raw materials, finished products, and any byproducts
to prevent diversion or unlawful access to or possession of these substances.
6. An infrastructure reasonably located to dispense marijuana to registered qualified patients
statewide or regionally as determined by the department.
7. The financial ability to maintain operations for the duration of the 2-year approval cycle,
including the provision of certified financial statements to the department.
a. Upon approval, the applicant must post a $5 million performance bond issued by an authorized
surety insurance company rated in one of the three highest rating categories by a nationally recognized
rating service. However, a medical marijuana treatment center serving at least 1,000 qualified patients
is only required to maintain a $2 million performance bond.
b. In lieu of the performance bond required under sub-subparagraph a., the applicant may provide
an irrevocable letter of credit payable to the department or provide cash to the department. If provided
with cash under this sub-subparagraph, the department shall deposit the cash in the Grants and
Donations Trust Fund within the Department of Health, subject to the same conditions as the bond
regarding requirements for the applicant to forfeit ownership of the funds. If the funds deposited under
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this sub-subparagraph generate interest, the amount of that interest shall be used by the department
for the administration of this section.
8. That all owners, officers, board members, and managers have passed a background screening
pursuant to subsection (9).
9. The employment of a medical director to supervise the activities of the medical marijuana
treatment center.
10. A diversity plan that promotes and ensures the involvement of minority persons and minority
business enterprises, as defined in s. 288. 703, or veteran business enterprises, as define~ in s. 295.187,
in ownership, management, and employment. An applicant for licensure renewal must show the
effectiveness of the diversity plan by including the following with his or her application for renewal:
a. Representation of minority persons and veterans in the medical marijuana treatment center's
workforce;
b. Efforts to recruit minority persons and veterans for employment; and
c. A record of contracts for services with minority business enterprises and veteran business
enterprises.
(c) A medical marijuana treatment center may not make a wholesale purchase of marijuana from, or
a distribution of marijuana to, another medical marijuana treatment center, unless the medical
marijuana treatment center seeking to make a wholesale purchase of marijuana submits proof of
harvest failure to the department.
(d) The department shall establish, maintain, and control a computer software tracking system that
traces marijuana from seed to sale and allows real-time, 24-hour access by the department to data from
all medical marijuana treatment centers and marijuana testing laboratories. The tracking system must
allow for integration of other seed-to-sale systems and, at a minimum, include notification of when
marijuana seeds are planted, when marijuana plants are harvested and destroyed, and when marijuana
is transported, sold, stolen, diverted, or lost. Each medical marijuana treatment center shall use the
seed-to-sale tracking system established by the department or integrate its own seed-to-sale tracking
system with the seed-to-sale tracking system established by the department. Each medical marijuana
treatment center may use its own seed-to-sale system until the department establishes a seed-to-sale
tracking system. The department may contract with a vendor to establish the seed-to-sale tracking
system. The vendor selected by the department may not have a contractual relationship with the
department to perform any services pursuant to this section other than the seed-to-sale tracking
system. The vendor may not have a direct or indirect financial interest in a medical marijuana
treatment center or a marijuana testing laboratory.
(e) A licensed medical marijuana treatment center shall cultivate, process, transport, and dispense
marijuana for medical use. A licensed medical marijuana treatment center may not contract for services
directly related to the cultivation, processing, and dispensing of marijuana or marijuana delivery
devices, except that a medical marijuana treatment center licensed pursuant to subparagraph (a)1. may
contract with a single entity for the cultivation, processing, transporting, and dispensing of marijuana
and marijuana delivery devices. A licensed medical marijuana treatment center must, at all times,
maintain compliance with the criteria demonstrated and representations made in the initial application
and the criteria established in this subsection. Upon request, the department may grant a medical
marijuana treatment center a variance from the representations made in the initial application.
Consideration of such a request shall be based upon the individual facts and circumstances surrounding
the request. A variance may not be granted unless the requesting medical marijuana treatment center
can demonstrate to the department that it has a proposed alternative to the specific representation
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made in its application which fulfills the same or a similar purpose as the specific representation in a
way that the department can reasonably determine will not be a lower standard than the specific
representation in the application. A variance may not be granted from the requirements in subparagraph
2. and subparagraphs (b)1. and 2.
1. A licensed medical marijuana treatment center may transfer ownership to an individual or entity
who meets the requirements of this section. A publicly traded corporation or publicly traded company
that meets the requirements of this section is not precluded from ownership of a medical marijuana
treatment center. To accommodate a change in ownership:
a. The licensed medical marijuana treatment center shall notify the department in writing at least
60 days before the anticipated date of the change of ownership.
b. The individual or entity applying for initial licensure due to a change of ownership must submit an
application that must be received by the department at least 60 days before the date of change of
ownership.
c. Upon receipt of an application for a license, the department shall examine the application and,
within 30 days after receipt, notify the applicant in writing of any apparent errors or omissions and
request any additional information required.
d. Requested information omitted from an application for licensure must be filed with the
department within 21 days after the department's request for omitted information or the application
shall be deemed incomplete and shall be withdrawn from further consideration and the fees shall be
forfeited .
Within 30 days after the receipt of a complete application, the department shall approve or deny the
application .
2. A medical marijuana treatment center, and any individual or entity who directly or indirectly
owns, controls, or holds with power to vote 5 percent or more of the voting shares of a medical
marijuana treatment center, may not acquire direct or indirect ownership or control of any voting
shares or other form of ownership of any other medical marijuana treatment center.
3. A medical marijuana treatment center may not enter into any form of profit-sharing arrangement
with the property owner or lessor of any of its facilities where cultivation, processing, storing, or
dispensing of marijuana and marijuana delivery devices occurs.
4. All employees of a medical marijuana treatment center must be 21 years of age or older and have
passed a background screening pursuant to subsection (9).
5. Each medical marijuana treatment center must adopt and enforce policies and procedures to
ensure employees and volunteers receive training on the legal requirements to dispense marijuana to
qualified patients.
6. When growing marijuana , a medical marijuana treatment center:
a. May use pesticides determined by the department, after consultation with the Department of
Agriculture and Consumer Services, to be safely applied to plants intended for human consumption, but
may not use pesticides designated as restricted-use pesticides pursuant to s. 487.042.
b. Must grow marijuana within an enclosed structure and in a room separate from any other plant.
c. Must inspect seeds and growing plants for plant pests that endanger or threaten the horticultural
and agricultural interests of the state in accordance with chapter 581 and any rules adopted
thereunder.
d. Must perform fumigation or treatment of plants , or remove and destroy infested or infected
plants, in accordance with chapter 581 and any rules adopted thereunder .
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7. Each medical marijuana treatment center must produce and make available for purchase at least
one low-THC cannabis product.
8. A medical marijuana treatment center that produces edibles must hold a permit to operate as a
food establishment pursuant to chapter 500, the Florida Food Safety Act, and must comply with all the
requirements for food establishments pursuant to chapter 500 and any rules adopted thereunder.
Edibles may not contain more than 200 milligrams of tetrahydrocannabinol, and a single serving portion
of an edible may not exceed 10 milligrams of tetrahydrocannabinol. Edibles may have a potency
variance of no greater than 15 percent. Edibles may not be attractive to children; be manufactured in
the shape of humans, cartoons, or animals; be manufactured in a form that bears any reasonable
resemblance to products available for consumption as commercially available candy; or contain any
color additives. To discourage consumption of edibles by children, the department shall determine by
rule any shapes, forms, and ingredients allowed and prohibited for edibles. Medical marijuana treatment
centers may not begin processing or dispensing edibles until after the effective date of the rule. The
department shall also adopt sanitation rules providing the standards and requirements for the storage,
display, or dispensing of edibles.
9. Within 12 months after licensure, a medical marijuana treatment center must demonstrate to the
department that all of its processing facilities have passed a Food Safety Good Manufacturing Practices,
such as Global Food Safety Initiative or equivalent, inspection by a nationally accredited certifying body.
A medical marijuana treatment center must immediately stop processing at any facility which fails to
pass this inspection until it demonstrates to the department that such facility has met this requirement.
10. When processing marijuana, a medical marijuana treatment center must:
a. Process the marijuana within an enclosed structure and in a room separate from other plants or
products.
b. Comply with department rules when processing marijuana with hydrocarbon solvents or other
solvents or gases exhibiting potential toxicity to humans. The department shall determine by rule the
requirements for medical marijuana treatment centers to use such solvents or gases exhibiting potential
toxicity to humans.
c. Comply with federal and state laws and regulations and department rules for solid and liquid
wastes. The department shall determine by rule procedures for the storage, handling, transportation,
management, and disposal of solid and liquid waste generated during marijuana production and
processing. The Department of Environmental Protection shall assist the department in developing such
rules.
d. Test the processed marijuana using a medical marijuana testing laboratory before it is dispensed .
Results must be verified and signed by two medical marijuana treatment center employees. Before
dispensing, the medical marijuana treatment center must determine that the test results indicate that
low-THC cannabis meets the definition of low-THC cannabis, the concentration of tetrahydrocannabinol
meets the potency requirements of this section, the labeling of the concentration of
tetrahydrocannabinol and cannabidiol is accurate, and all marijuana is safe for human consumption and
free from contaminants that are unsafe for human consumption. The department shall determine by rule
which contaminants must be tested for and the maximum levels of each contaminant which are safe for
human consumption. The Department of Agriculture and Consumer Services shall assist the department
in developing the testing requirements for contaminants that are unsafe for human consumption in
edibles. The department shall also determine by rule the procedures for the treatment of marijuana
that fails to meet the testing requirements of this section, s. 381. 988, or department rule. The
department may select a random sample from edibles available for purchase in a dispensing facility
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which shall be tested by the department to determine that the edible meets the potency requirements
of this section, is safe for human consumption, and the labeling of the tetrahydrocannabinol and
cannabidiol concentration is accurate. A medical marijuana treatment center may not require payment
from the department for the sample. A medical marijuana treatment center must recall edibles,
including all edibles made from the same batch of marijuana, which fail to meet the potency
requirements of this section, which are unsafe for human consumption, or for which the labeling of the
tetrahydrocannabinol and cannabidiol concentration is inaccurate. The medical marijuana treatment
center must retain records of all testing and samples of each homogenous batch of marijuana for at
least 9 months. The medical marijuana treatment center must contract with a marijuana testing
laboratory to perform audits on the medical marijuana treatment center's standard operating
procedures, testing records, and samples and provide the results to the department to confirm that the
marijuana or low-THC cannabis meets the requirements of this section and that the marijuana or low-
THC cannabis is safe for human consumption. A medical marijuana treatment center shall reserve two
processed samples from each batch and retain such samples for at least 9 months for the purpose of
such audits. A medical marijuana treatment center may use a laboratory that has not been certified by
the department under s. 381. 988 until such time as at least one laboratory holds the required
certification, but in no event later than July 1, 2018.
e. Package the marijuana in compliance with the United States Poison Prevention Packaging Act of
1970, 15 U.S.C. ss. 1471 et seq.
f. Package the marijuana in a receptacle that has a firmly affixed and legible label stating the
following information:
(I) The marijuana or low-THC cannabis meets the requirements of sub-subparagraph d.
(II) The name of the medical marijuana treatment center from which the marijuana originates.
(Ill) The batch number and harvest number from which the marijuana originates and the date
dispensed.
(IV) The name of the physician who issued the physician certification.
(V) The name of the patient.
(VI) The product name, if applicable, and dosage form, including concentration of
tetrahydrocannabinol and cannabidiol. The product name may not contain wording commonly associated
with products marketed by or to children.
(VII) The recommended dose.
(VIII) A warning that it is illegal to transfer medical marijuana to another person.
(IX) A marijuana universal symbol developed by the department.
11. The medical marijuana treatment center shall include in each package a patient package insert
with information on the specific product dispensed related to:
a. Clinical pharmacology.
b. Indications and use.
c. Dosage and administration.
d. Dosage forms and strengths.
e. Contraindications.
f. Warnings and precautions.
g. Adverse reactions.
12. Each edible shall be individually sealed in plain, opaque wrapping marked only with the
marijuana universal symbol. Where practical, each edible shall be marked with the marijuana universal
symbol. In addition to the packaging and labeling requirements in subparagraphs 10. and 11., edible
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receptacles must be plain, opaque, and white without depictions of the product or images other than
the medical marijuana treatment center's department-approved logo and the marijuana universal
symbol. The receptacle must also include a list all of the edible's ingredients, storage instructions, an
expiration date, a legible and prominent warning to keep away from children and pets, and a warning
that the edible has not been produced or inspected pursuant to federal food safety laws.
13. When dispensing marijuana or a marijuana delivery device, a medical marijuana treatment
center:
a. May dispense any active, valid order for low-THC cannabis, medical cannabis and cannabis
delivery devices issued pursuant to former s. 381. 986, Florida Statutes 2016, which was entered into the
medical marijuana use registry before July 1, 2017.
b. May not dispense more than a 70-day supply of marijuana to a qualified patient or caregiver.
c. Must have the medical marijuana treatment center's employee who dispenses the marijuana or a
marijuana delivery device enter into the medical marijuana use registry his or her name or unique
employee identifier.
d. Must verify that the qualified patient and the caregiver, if applicable, each have an active
registration in the medical marijuana use registry and an active and valid medical marijuana use registry
identification card, the amount and type of marijuana dispensed matches the physician certification in
the medical marijuana use registry for that qualified patient, and the physician certification has not
already been filled.
e. May not dispense marijuana to a qualified patient who is younger than 18 years of age. If the
qualified patient is younger than 18 years of age, marijuana may only be dispensed to the qualified
patient's caregiver.
f. May not dispense or sell any other type of cannabis, alcohol, or illicit drug-related product,
including pipes, bongs, or wrapping papers, other than a marijuana delivery device required for the
medical use of marijuana and which is specified in a physician certification.
g. Must, upon dispensing the marijuana or marijuana delivery device, record in the registry the date,
time, quantity, and form of marijuana dispensed; the type of marijuana delivery device dispensed; and
the name and medical marijuana use registry identification number of the qualified patient or caregiver
to whom the marijuana delivery device was dispensed.
h. Must ensure that patient records are not visible to anyone other than the qualified patient, his or
her caregiver, and authorized medical marijuana treatment center employees.
(f) To ensure the safety and security of premises where the cultivation, processing, storing, or
dispensing of marijuana occurs, and to maintain adequate controls against the diversion, theft, and loss
of marijuana or marijuana delivery devices, a medical marijuana treatment center shall:
1.a. Maintain a fully operational security alarm system that secures all entry points and perimeter
windows and is equipped with motion detectors; pressure switches; and duress, panic, and hold-up
alarms; and
b. Maintain a video surveillance system that records continuously 24 hours a day and meets the
following criteria:
(I) Cameras are fixed in a place that allows for the clear identification of persons and activities in
controlled areas of the premises. Controlled areas include grow rooms, processing rooms, storage rooms,
disposal rooms or areas, and point-of-sale rooms.
(II) Cameras are fixed in entrances and exits to the premises, which shall record from both indoor
and outdoor, or ingress and egress, vantage points.
(Ill) Recorded images must clearly and accurately display the time and date.
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(IV) Retain video surveillance recordings for at least 45 days or longer upon the request of a law
enforcement agency.
2. Ensure that the medical marijuana treatment center's outdoor premises have sufficient lighting
from dusk until dawn.
3. Ensure that the indoor premises where dispensing occurs includes a waiting area with sufficient
space and seating to accommodate qualified patients and caregivers and at least one private
consultation area that is isolated from the waiting area and area where dispensing occurs. A medical
marijuana treatment center may not display products or dispense marijuana or marijuana delivery
devices in the waiting area.
4. Not dispense from its premises marijuana or a marijuana delivery device between the hours of 9
p.m. and 7 a.m., but may perform all other operations and deliver marijuana to qualified patients 24
hours a day.
5. Store marijuana in a secured, locked room or a vault.
6. Require at least two of its employees, or two employees of a security agency with whom it
contracts, to be on the premises at all times where cultivation, processing, or storing of marijuana
occurs.
7. Require each employee or contractor to wear a photo identification badge at all times while on
the premises.
8. Require each visitor to wear a visitor pass at all times while on the premises.
9. Implement an alcohol and drug-free workplace policy.
10. Report to local law enforcement within 24 hours after the medical marijuana treatment center
is notified or becomes aware of the theft, diversion, or loss of marijuana.
(g) To ensure the safe transport of marijuana and marijuana delivery devices to medical marijuana
treatment centers, marijuana testing laboratories, or qualified patients, a medical marijuana treatment
center must:
1. Maintain a marijuana transportation manifest in any vehicle transporting marijuana. The
marijuana transportation manifest must be generated from a medical marijuana treatment center's
seed-to-sale tracking system and include the:
a. Departure date and approximate time of departure.
b. Name, location address, and license number of the originating medical marijuana treatment
center.
c. Name and address of the recipient of the delivery.
d. Quantity and form of any marijuana or marijuana delivery device being transported.
e. Arrival date and estimated time of arrival.
f. Delivery vehicle make and model and license plate number.
g. Name and signature of the medical marijuana treatment center employees delivering the
product.
(I) A copy of the marijuana transportation manifest must be provided to each individual, medical
marijuana treatment center, or marijuana testing laboratory that receives a delivery. The individual, or
a representative of the center or laboratory, must sign a copy of the marijuana transportation manifest
acknowledging receipt.
(II) An individual transporting marijuana or a marijuana delivery device must present a copy of the
relevant marijuana transportation manifest and his or her employee identification card to a law
enforcement officer upon request.
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(Ill) Medical marijuana treatment centers and marijuana testing laboratories must retain copies of
all marijuana transportation manifests for at least 3 years.
2. Ensure only vehicles in good working order are used to transport marijuana.
3. Lock marijuana and marijuana delivery devices in a separate compartment or container within
the vehicle.
4. Require employees to have possession of their employee identification card at all times when
transporting marijuana or marijuana delivery devices.
5. Require at least two persons to be in a vehicle transporting marijuana or marijuana delivery
devices, and require at least one person to remain in the vehicle while the marijuana or marijuana
delivery device is being delivered.
6. Provide specific safety and security training to employees transporting or delivering marijuana
and marijuana delivery devices.
(h) A medical marijuana treatment center may not engage in advertising that is visible to members
of the public from any street, sidewalk, park, or other public place, except:
1. The dispensing location of a medical marijuana treatment center may have a sign that is affixed
to the outside or hanging in the window of the premises which identifies the dispensary by the licensee's
business name, a department-approved trade name, or a department-approved logo. A medical
marijuana treatment center's trade name and logo may not contain wording or images commonly
associated with marketing targeted toward children or which promote recreational use of marijuana.
2. A medical marijuana treatment center may engage in Internet advertising and marketing under
the following conditions:
a. All advertisements must be approved by the department.
b. An advertisement may not have any content that specifically targets individuals under the age of
18, including cartoon characters or similar images.
c. An advertisement may not be an unsolicited pop-up advertisement.
d. Opt-in marketing must include an easy and permanent opt-out feature.
(i) Each medical marijuana treatment center that dispenses marijuana and marijuana delivery
devices shall make available to the public on its website:
1. Each marijuana and low-THC product available for purchase, including the form, strain of
marijuana from which it was extracted, cannabidiol content, tetrahydrocannabinol content, dose unit,
total number of doses available, and the ratio of cannabidiol to tetrahydrocannabinol for each product.
2. The price for a 30-day, 50-day, and 70-day supply at a standard dose for each marijuana and low-
THC product available for purchase.
3. The price for each marijuana delivery device available for purchase.
4. If applicable, any discount policies and eligibility criteria for such discounts.
(j) Medical marijuana treatment centers are the sole source from which a qualified patient may
legally obtain marijuana.
(k) The department may adopt rules pursuant to ss. 120. 536(1) and 120. 54 to implement this
subsection.
(9) BACKGROUND SCREENING.-An individual required to undergo a background screening pursuant to
this section must pass a level 2 background screening as provided under chapter 435, which, in addition
to the disqualifying offenses provided in s. 435.04, shall exclude an individual who has an arrest awaiting
final disposition for, has been found guilty of, regardless of adjudication, or has entered a plea of nolo
contendere or guilty to an offense under chapter 837, chapter 895, or chapter 896 or similar law of
another jurisdiction.
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(a) Such individual must submit a full set of fingerprints to the department or to a vendor, entity, or
agency authorized bys. 943.053(13). The department, vendor, entity, or agency shall forward the
fingerprints to the Department of Law Enforcement for state processing, and the Department of Law
Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for national
processing.
(b) Fees for state and federal fingerprint processing and retention shall be borne by the individual.
The state cost for fingerprint processing shall be as provided in s. 943.053(3)(e) for records provided to
persons or entities other than those specified as exceptions therein.
(c) Fingerprints submitted to the Department of Law Enforcement pursuant to this subsection shall
be retained by the Department of Law Enforcement as provided ins. 943.05(2)(g) and (h) and, when the
Department of Law Enforcement begins participation in the program, enrolled in the Federal Bureau of
Investigation's national retained print arrest notification program. Any arrest record identified shall be
reported to the department.
(10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS; ADMINISTRATIVE ACTIONS.-
(a) The department shall conduct announced or unannounced inspections of medical marijuana
treatment centers to determine compliance with this section or rules adopted pursuant to this section.
(b) The department shall inspect a medical marijuana treatment center upon receiving a complaint
or notice that the medical marijuana treatment center has dispensed marijuana containing mold,
bacteria, or other contaminant that may cause or has caused an adverse effect to human health or the
environment.
(c) The department shall conduct at least a biennial inspection of each medical marijuana treatment
center to evaluate the medical marijuana treatment center's records, personnel, equipment, processes,
security measures, sanitation practices, and quality assurance practices.
(d) The Department of Agriculture and Consumer Services and the department shall enter into an
interagency agreement to ensure cooperation and coordination in the performance of their obligations
under this section and their respective regulatory and authorizing laws. The department, the
Department of Highway Safety and Motor Vehicles, and the Department of Law Enforcement may enter
into interagency agreements for the purposes specified in this subsection or subsection (7).
(e) The department shall publish a list of all approved medical marijuana treatment centers,
medical directors, and qualified physicians on its website.
(f) The department may impose reasonable fines not to exceed $10,000 on a medical marijuana
treatment center for any of the following violations:
1. Violating this section or department rule.
2. Failing to maintain qualifications for approval.
3. Endangering the health, safety, or security of a qualified patient.
4. Improperly disclosing personal and confidential information of the qualified patient.
5. Attempting to procure medical marijuana treatment center approval by bribery, fraudulent
misrepresentation, or extortion.
6. Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless
of adjudication, a crime in any jurisdiction which directly relates to the business of a medical marijuana
treatment center.
7. Making or filing a report or record that the medical marijuana treatment center knows to be
false.
8. Willfully failing to maintain a record required by this section or department rule.
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9. Willfully impeding or obstructing an employee or agent of the department in the furtherance of
his or her official duties.
10. Engaging in fraud or deceit, negligence, incompetence, or misconduct in the business practices
of a medical marijuana treatment center.
11. Making misleading, deceptive, or fraudulent representations in or related to the business
practices of a medical marijuana treatment center.
12. Having a license or the authority to engage in any regulated profession, occupation, or business
that is related to the business practices of a medical marijuana treatment center suspended, revoked,
or otherwise acted against by the licensing authority of any jurisdiction, including its agencies or
subdivisions, for a violation that would constitute a violation under Florida law.
13. Violating a lawful order of the department or an agency of the state, or failing to comply with a
lawfully issued subpoena of the department or an agency of the state.
(g) The department may suspend, revoke, or refuse to renew a medical marijuana treatment center
license if the medical marijuana treatment center commits any of the violations in paragraph (f).
(h) The department may adopt rules pursuant to ss. 120. 536(1) and 120. 54 to implement this
subsection.
(11) PREEMPTION.-Regulation of cultivation, processing, and delivery of marijuana by medical
marijuana treatment centers is preempted to the state except as provided in this subsection.
(a) A medical marijuana treatment center cultivating or processing facility may not be located
within 500 feet of the real property that comprises a public or private elementary school, middle school,
or secondary school.
(b)1. A county or municipality may, by ordinance, ban medical marijuana treatment center
dispensing facilities from being located within the boundaries of that county or municipality. A county or
municipality that does not ban dispensing facilities under this subparagraph may not place specific
limits, by ordinance, on the number of dispensing facilities that may locate within that county or
municipality.
2. A municipality may determine by ordinance the criteria for the location of, and other permitting
requirements that do not conflict with state law or department rule for, medical marijuana treatment
center dispensing facilities located within the boundaries of that municipality. A county may determine
by ordinance the criteria for the location of, and other permitting requirements that do not conflict
with state law or department rule for, all such dispensing facilities located within the unincorporated
areas of that county. Except as provided in paragraph (c), a county or municipality may not enact
ordinances for permitting or for determining the location of dispensing facilities which are more
restrictive than its ordinances permitting or determining the locations for pharmacies licensed under
chapter 465. A municipality or county may not charge a medical marijuana treatment center a license or
permit fee in an amount greater than the fee charged by such municipality or county to pharmacies. A
dispensing facility location approved by a municipality or county pursuant to formers. 381. 986(8)(b),
Florida Statutes 2016, is not subject to the location requirements of this subsection.
(c) A medical marijuana treatment center dispensing facility may not be located within 500 feet of
the real property that comprises a public or private elementary school, middle school, or secondary
school unless the county or municipality approves the location through a formal proceeding open to the
public at which the county or municipality determines that the location promotes the public health,
safety, and general welfare of the community.
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(d) This subsection does not prohibit any local jurisdiction from ensuring medical marijuana
treatment center facilities comply with the Florida Building Code, the Florida Fire Prevention Code, or
any local amendments to the Florida Building Code or the Florida Fire Prevention Code.
(12) PENALTIES.-
(a) A qualified physician commits a misdemeanor of the first degree, punishable as provided ins.
775.082 ors. 775.083, if the qualified physician issues a physician certification for the medical use of
marijuana for a patient without a reasonable belief that the patient is suffering from a qualifying
medical condition.
(b) A person who fraudulently represents that he or she has a qualifying medical condition to a
qualified physician for the purpose of being issued a physician certification commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 ors. 775.083.
(c) A qualified patient who uses marijuana, not including low-THC cannabis, or a caregiver who
administers marijuana, not including low-THC cannabis, in plain view of or in a place open to the
general public; in a school bus, a vehicle, an aircraft, or a boat; or on the grounds of a school except as
provided ins. 1006.062, commits a misdemeanor of the first degree, punishable as provided ins.
775.082 ors. 775.083.
(d) A qualified patient or caregiver who cultivates marijuana or who purchases or acquires marijuana
from any person or entity other than a medical marijuana treatment center violates s. 893.13 and is
subject to the penalties provided therein.
(e)1. A qualified patient or caregiver in possession of marijuana or a marijuana delivery device who
fails or refuses to present his or her marijuana use registry identification card upon the request of a law
enforcement officer commits a misdemeanor of the second degree, punishable as provided ins. 775.082
ors. 775 .083, unless it can be determined through the medical marijuana use registry that the person is
authorized to be in possession of that marijuana or marijuana delivery device.
2. A person charged with a violation of this paragraph may not be convicted if, before or at the time
of his or her court or hearing appearance, the person produces in court or to the clerk of the court in
which the charge is pending a medical marijuana use registry identification card issued to him or her
which is valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at
any time before the defendant's appearance in court. The clerk of the court may assess a fee of $5 for
dismissing the case under this paragraph.
(f) A caregiver who violates any of the applicable provisions of this section or applicable department
rules, for the first offense, commits a misdemeanor of the second degree, punishable as provided ins.
775.082 ors. 775.083 and, for a second or subsequent offense, commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083 .
(g) A qualified physician who issues a physician certification for marijuana or a marijuana delivery
device and receives compensation from a medical marijuana treatment center related to the issuance of
a physician certification for marijuana or a marijuana delivery device is subject to disciplinary action
under the applicable practice act and s. 456.072(1 )(n).
(h) A person transporting marijuana or marijuana delivery devices on behalf of a medical marijuana
treatment center or marijuana testing laboratory who fails or refuses to present a transportation
manifest upon the request of a law enforcement officer commits a misdemeanor of the second degree,
punishable as provided ins. 775.082 ors. 775.083.
(i) Persons and entities conducting activities authorized and governed by this section and s. 381. 988
are subject toss. 456 .053, 456.054, and 817.505, as applicable .
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(j) A person or entity that cultivates, processes, distributes, sells, or dispenses marijuana, as
defined ins. 29(b)(4), Art. X of the State Constitution, and is not licensed as a medical marijuana
treatment center violates s. 893.13 and is subject to the penalties provided therein.
(k) A person who manufactures, distributes, sells, gives, or possesses with the intent to
manufacture, distribute, sell, or give marijuana or a marijuana delivery device that he or she holds out
to have originated from a licensed medical marijuana treatment center but that is counterfeit commits
a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, ors. 775.084. For the
purposes of this paragraph, the term "counterfeit" means marijuana; a marijuana delivery device; or a
marijuana or marijuana delivery device container, seal, or label which, without authorization , bears the
trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a
licensed medical marijuana treatment center and which thereby falsely purports or is represented to be
the product of, or to have been distributed by, that licensed medical marijuana treatment facility.
(l) Any person who possesses or manufactures a blank, forged, stolen, fictitious, fraudulent,
counterfeit, or otherwise unlawfully issued medical marijuana use registry identification card commits a
felony of the third degree, punishable as provided ins. 775.082, s. 775.083, ors. 775.084.
(13) UNLICENSED ACTIVITY.-
(a) If the department has probable cause to believe that a person or entity that is not registered or
licensed with the department has violated this section, s. 381 . 988, or any rule adopted pursuant to this
section, the department may issue and deliver to such person or entity a notice to cease and desist from
such violation. The department also may issue and deliver a notice to cease and desist to any person or
entity who aids and abets such unlicensed activity. The issuance of a notice to cease and desist does not
constitute agency action for which a hearing under s. 120. 569 or s. 120. 57 may be sought. For the
purpose of enforcing a cease and desist order, the department may file a proceeding in the name of the
state seeking issuance of an injunction or a writ of mandamus against any person or entity who violates
any provisions of such order.
(b) In addition to the remedies under paragraph (a), the department may impose by citation an
administrative penalty not to exceed $5,000 per incident. The citation shall be issued to the subject and
must contain the subject's name and any other information the department determines to be necessary
to identify the subject, a brief factual statement, the sections of the law allegedly violated, and the
penalty imposed. If the subject does not dispute the matter in the citation with the department within
30 days after the citation is served, the citation shall become a final order of the department. The
department may adopt rules pursuant to ss. 120. 536(1) and 120. 54 to implement this section. Each day
that the unlicensed activity continues after issuance of a notice to cease and desist constitutes a
separate violation. The department shall be entitled to recover the costs of investigation and
prosecution in addition to the fine levied pursuant to the citation . Service of a citation may be made by
personal service or by mail to the subject at the subject's last known address or place of practice. If the
department is required to seek enforcement of the cease and desist or agency order, it shall be entitled
to collect attorney fees and costs.
(c) In addition to or in lieu of any other administrative remedy, the department may seek the
imposition of a civil penalty through the circuit court for any violation for which the department may
issue a notice to cease and desist. The civil penalty shall be no less than $5,000 and no more than
S 10,000 for each offense. The court may also award to the prevailing party court costs and reasonable
attorney fees and, in the event the department prevails, may also award reasonable costs of
investigation and prosecution.
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(d) In addition to the other remedies provided in this section, the department or any state attorney
may bring an action for an injunction to restrain any unlicensed activity or to enjoin the future
operation or maintenance of the unlicensed activity or the performance of any service in violation of
this section.
(e) The department must notify local law enforcement of such unlicensed activity for a
determination of any criminal violation of chapter 893.
(14) EXCEPTIONS TO OTHER LAWS.-
(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to
the requirements of this section, a qualified patient and the qualified patient's caregiver may purchase
from a medical marijuana treatment center for the patient's medical use a marijuana delivery device
and up to the amount of marijuana authorized in the physician certification, but may not possess more
than a 70-day supply of marijuana at any given time and all marijuana purchased must remain in its
original packaging.
(b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to
the requirements of this section, an approved medical marijuana treatment center and its owners,
managers, and employees may manufacture, possess, sell, deliver, distribute, dispense, and lawfully
dispose of marijuana or a marijuana delivery device as provided in this section, s. 381. 988, and by
department rule. For the purposes of this subsection, the terms "manufacture," "possession," "deliver,"
"distribute," and "dispense" have the same meanings as provided ins. 893.02.
(c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to
the requirements of this section, a certified marijuana testing laboratory, including an employee of a
certified marijuana testing laboratory acting within the scope of his or her employment, may acquire,
possess, test, transport, and lawfully dispose of marijuana as provided in this section, in s. 381. 988, and
by department rule.
(d) A licensed medical marijuana treatment center and its owners, managers, and employees are not
subject to licensure or regulation under chapter 465 or chapter 499 for manufacturing, possessing,
selling, delivering, distributing, dispensing, or lawfully disposing of marijuana or a marijuana delivery
device, as provided in this section, lin s. 381. 988, and by department rule.
(e) This subsection does not exempt a person from prosecution for a criminal offense related to
impairment or intoxication resulting from the medical use of marijuana or relieve a person from any
requirement under law to submit to a breath, blood, urine, or other test to detect the presence of a
controlled substance.
(f) Notwithstanding s. 893.13, s. 893.135, s. 893 .147, or any other provision of law, but subject to
the requirements of this section and pursuant to policies and procedures established pursuant to s.
1006.62(8), school personnel may possess marijuana that is obtained for medical use pursuant to this
section by a student who is a qualified patient.
(g) Notwithstanding s. 893 .13, s. 893.135, s. 893.147, or any other provision of law, but subject to
the requirements of this section, a research institute established by a public postsecondary educational
institution, such as the H. Lee Moffitt Cancer Center and Research Institute, Inc., established under s.
1004.43, or a state university that has achieved the preeminent state research university designation
under s. 1001 . 7065 may possess, test, transport, and lawfully dispose of marijuana for research purposes
as provided by this section.
(15) APPLICABILITY.-This section does not limit the ability of an employer to establish , continue, or
enforce a drug-free workplace program or policy. This section does not require an employer to
accommodate the medical use of marijuana in any workplace or any employee working while under the
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influence of marijuana. This section does not create a cause of action against an employer for wrongful
discharge or discrimination. Marijuana, as defined in this section, is not reimbursable under chapter
440.
(16) FINES AND FEES.-Fines and fees collected by the department under this section shall be
deposited in the Grants and Donations Trust Fund within the Department of Health.
History.-s. 2, ch. 2014-157; s. 1, ch. 2016-123; s. 24, ch. 2016-145; ss. 1, 3, 18, ch. 2017-232.
1Note.-
A. Section 1, ch. 2017-232, provides that "[i]t is the intent of the Legislature to implement s. 29, Article X of the State
Constitution by creating a unified regulatory structure. If s. 29, Article X of the State Constitution is amended or a
constitutional amendment related to cannabis or marijuana is adopted, this act shall expire 6 months after the effective date
of such amendment." If such amendment or adoption takes place, s. 381.986, as amended bys. 1, ch. 2017-232, will read:
381.986 Compassionate use of low-THC and medical cannabis.-
(1) DEFINITIONS.-As used in this section, the term:
(a) "Cannabis delivery device" means an object used, intended for use, or designed for use in preparing, storing,
ingesting, inhaling, or otherwise introducing low-THC cannabis or medical cannabis into the human body.
(b) "Dispensing organization" means an organization approved by the department to cultivate, process, transport, and
dispense low-THC cannabis or medical cannabis pursuant to this section.
(c) "Independent testing laboratory" means a laboratory, including the managers, employees, or contractors of the
laboratory, which has no direct or indirect interest in a dispensing organization.
(d) "Legal representative" means the qualified patient's parent, legal guardian acting pursuant to a court's authorization
as required under s. 744 .3215(4), health care surrogate acting pursuant to the qualified patient's written consent or a court's
authorization as required under s. 765.113, or an individual who is authorized under a power of attorney to make health care
decisions on behalf of the qualified patient.
(e) "Low-THC cannabis" means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of
tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from
any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or
resin that is dispensed only from a dispensing organization.
(f) "Medical cannabis" means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the
resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of
the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient as
defined ins. 499.0295.
(g) "Medical use" means administration of the ordered amount of low-THC cannabis or medical cannabis. The term does
not include the:
1. Possession, use, or administration of low-THC cannabis or medical cannabis by smoking.
2. Transfer of low-THC cannabis or medical cannabis to a person other than the qualified patient for whom it was ordered
or the qualified patient's legal representative on behalf of the qualified patient.
3. Use or administration of low-THC cannabis or medical cannabis:
a. On any form of public transportation.
b. In any public place.
c. In a qualified patient's place of employment, if restricted by his or her employer.
d. In a state correctional institution as defined in s. 944.02 or a correctional institution as defined in s. 944.241.
e. On the grounds of a preschool, primary school, or secondary school.
f. On a school bus or in a vehicle, aircraft, or motorboat.
(h) "Qualified patient" means a resident of this state who has been added to the compassionate use registry by a
physician licensed under chapter 458 or chapter 459 to receive low-THC cannabis or medical cannabis from a dispensing
organization.
(i) "Smoking" means burning or igniting a substance and inhaling the smoke. Smoking does not include the use of a
vaporizer.
(2) PHYSICIAN ORDERING.-A physician is authorized to order low-THC cannabis to treat a qualified patient suffering from
cancer or a physical medical condition that chronically produces symptoms of seizures or severe and persistent muscle
spasms; order low-THC cannabis to alleviate symptoms of such disease, disorder, or condition, if no other satisfactory
alternative treatment options exist for the qualified patient; order medical cannabis to treat an eligible patient as defined in
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s. 499.0295; or order a cannabis delivery device for the medical use of low-THC cannabis or medical cannabis, only if the
physician:
(a) Holds an active, unrestricted license as a physician under chapter 458 or an osteopathic physician under chapter 459;
(b) Has treated the patient for at least 3 months immediately preceding the patient's registration in the compassionate
use registry;
(c) Has successfully completed the course and examination required under paragraph (4)(a);
(d) Has determined that the risks of treating the patient with low-THC cannabis or medical cannabis are reasonable in
light of the potential benefit to the patient. If a patient is younger than 18 years of age, a second physician must concur with
this determination, and such determination must be documented in the patient's medical record;
(e) Registers as the orderer of low-THC cannabis or medical cannabis for the named patient on the compassionate use
registry maintained by the department and updates the registry to reflect the contents of the order, including the amount of
low-THC cannabis or medical cannabis that will provide the patient with not more than a 45-day supply and a cannabis
delivery device needed by the patient for the medical use of low-THC cannabis or medical cannabis. The physician must also
update the registry within 7 days after any change is made to the original order to reflect the change. The physician shall
deactivate the registration of the patient and the patient's legal representative when treatment is discontinued;
(f) Maintains a patient treatment plan that includes the dose, route of administration, planned duration, and monitoring
of the patient's symptoms and other indicators of tolerance or reaction to the low-THC cannabis or medical cannabis;
(g) Submits the patient treatment plan quarterly to the University of Florida College of Pharmacy for research on the
safety and efficacy of low-THC cannabis and medical cannabis on patients;
(h) Obtains the voluntary written informed consent of the patient or the patient's legal representative to treatment with
low-THC cannabis after sufficiently explaining the current state of knowledge in the medical community of the effectiveness
of treatment of the patient's condition with low-THC cannabis, the medically acceptable alternatives, and the potential risks
and side effects;
(i) Obtains written informed consent as defined in and required under s. 499.0295, if the physician is ordering medical
cannabis for an eligible patient pursuant to that section; and
(j) Is not a medical director employed by a dispensing organization.
(3) PENALTIES.-
(a) A physician commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if the
physician orders low-THC cannabis for a patient without a reasonable belief that the patient is suffering from:
1. Cancer or a physical medical condition that chronically produces symptoms of seizures or severe and persistent muscle
spasms that can be treated with low-THC cannabis; or
2. Symptoms of cancer or a physical medical condition that chronically produces symptoms of seizures or severe and
persistent muscle spasms that can be alleviated with low-THC cannabis.
(b) A physician commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775 .083, if the
physician orders medical cannabis for a patient without a reasonable belief that the patient has a terminal condition as
defined in s. 499.0295.
(c) A person who fraudulently represents that he or she has cancer, a physical medical condition that chronically produces
symptoms of seizures or severe and persistent muscle spasms, or a terminal condition to a physician for the purpose of being
ordered low-THC cannabis, medical cannabis, or a cannabis delivery device by such physician commits a misdemeanor of the
first degree, punishable as provided ins. 775.082 ors. 775.083.
(d) An eligible patient as defined in s. 499.0295 who uses medical cannabis, and such patient's legal representative who
administers medical cannabis, in plain view of or in a place open to the general public, on the grounds of a school, or in a
school bus, vehicle, aircraft, or motorboat, commits a misdemeanor of the first degree, punishable as provided in s. 775.082
ors. 775.083.
(e) A physician who orders low-THC cannabis, medical cannabis, or a cannabis delivery device and receives compensation
from a dispensing organization related to the ordering of low-THC cannabis, medical cannabis, or a cannabis delivery device is
subject to disciplinary action under the applicable practice act and s. 456.072(1 )(n).
(4) PHYSICIAN EDUCATION.-
(a) Before ordering low-THC cannabis, medical cannabis, or a cannabis delivery device for medical use by a patient in this
state, the appropriate board shall require the ordering physician to successfully complete an 8-hour course and subsequent
examination offered by the Florida Medical Association or the Florida Osteopathic Medical Association that encompasses the
clinical indications for the appropriate use of low-THC cannabis and medical cannabis, the appropriate cannabis delivery
devices, the contraindications for such use, and the relevant state and federal laws governing the ordering, dispensing, and
possessing of these substances and devices. The course and examination shall be administered at least annually. Successful
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completion of the course may be used by a physician to satisfy 8 hours of the continuing medical education requirements
required by his or her respective board for licensure renewal. This course may be offered in a distance learning format.
(b) The appropriate board shall require the medical director of each dispensing organization to hold an active,
unrestricted license as a physician under chapter 458 or as an osteopathic physician under chapter 459 and successfully
complete a 2-hour course and subsequent examination offered by the Florida Medical Association or the Florida Osteopathic
Medical Association that encompasses appropriate safety procedures and knowledge of low-THC cannabis, medical cannabis,
and cannabis delivery devices.
(c) Successful completion of the course and examination specified in paragraph (a) is required for every physician who
orders low-THC cannabis, medical cannabis, or a cannabis delivery device each time such physician renews his or her license.
In addition, successful completion of the course and examination specified in paragraph (b) is required for the medical
director of each dispensing organization each time such physician renews his or her license.
(d) A physician who fails to comply with this subsection and who orders low-THC cannabis, medical cannabis, or a
cannabis delivery device may be subject to disciplinary action under the applicable practice act and under s. 456.072(1 )(k).
(5) DUTIES OF THE DEPARTMENT.-The department shall:
(a) Create and maintain a secure, electronic, and online compassionate use registry for the registration of physicians,
patients, and the legal representatives of patients as provided under this section. The registry must be accessible to law
enforcement agencies and to a dispensing organization to verify the authorization of a patient or a patient's legal
representative to possess low-THC cannabis, medical cannabis, or a cannabis delivery device and record the low-THC
cannabis, medical cannabis, or cannabis delivery device dispensed. The registry must prevent an active registration of a
patient by multiple physicians.
(b) Authorize the establishment of five dispensing organizations to ensure reasonable statewide accessibility and
availability as necessary for patients registered in the compassionate use registry and who are ordered low-THC cannabis,
medical cannabis, or a cannabis delivery device under this section, one in each of the following regions: northwest Florida,
northeast Florida, central Florida, southeast Florida, and southwest Florida. The department shall develop an application
form and impose an initial application and biennial renewal fee that is sufficient to cover the costs of administering this
section. An applicant for approval as a dispensing organization must be able to demonstrate:
1. The technical and technological ability to cultivate and produce low-THC cannabis. The applicant must possess a valid
certificate of registration issued by the Department of Agriculture and Consumer Services pursuant to s. 581.131 that is issued
for the cultivation of more than 400,000 plants, be operated by a nurseryman as defined in s. 581.011, and have been
operated as a registered nursery in this state for at least 30 continuous years.
2. The ability to secure the premises, resources, and personnel necessary to operate as a dispensing organization.
3. The ability to maintain accountability of all raw materials, finished products, and any byproducts to prevent diversion
or unlawful access to or possession of these substances.
4. An infrastructure reasonably located to dispense low-THC cannabis to registered patients statewide or regionally as
determined by the department.
5. The financial ability to maintain operations for the duration of the 2-year approval cycle, including the provision of
certified financials to the department. Upon approval, the applicant must post a $5 million performance bond. However, upon
a dispensing organization's serving at least 1,000 qualified patients, the dispensing organization is only required to maintain a
$2 million performance bond.
6. That all owners and managers have been fingerprinted and have successfully passed a level 2 background screening
pursuant to s. 435.04.
7. The employment of a medical director to supervise the activities of the dispensing organization.
(c) Upon the registration of 250,000 active qualified patients in the compassionate use registry, approve three dispensing
organizations, including, but not limited to, an applicant that is a recognized class member of Pigford v. Glickman, 185 F.R.D.
82 (D.D.C. 1999), or In Re Black Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011 ), and a member of the Black Farmers and
Agriculturalists Association, which must meet the requirements of subparagraphs (b)2.-7. and demonstrate the tec hnical and
technological ability to cultivate and produce low-THC cannabis.
(d) Allow a dispensing organization to make a wholesale purchase of low-THC cannabis or medical cannabis from, or a
distribution of low-THC cannabis or medical cannabis to, another dispensing organization.
(e) Monitor physician registration and ordering of low-THC cannabis, medical cannabis, or a cannabis delivery device for
ordering practices that could facilitate unlawful diversion or misuse of low-THC cannabis, medical cannabis, or a cannabis
delivery device and take disciplinary action as indicated.
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(6) DISPENSING ORGANIZATION.-An approved dispensing organization must, at all times, maintain compliance with the
criteria demonstrated for selection and approval as a dispensing organization under subsection (5) and the criteria required in
this subsection.
(a) When growing low-THC cannabis or medical cannabis, a dispensing organization:
1. May use pesticides determined by the department, after consultation with the Department of Agriculture and Consumer
Services, to be safely applied to plants intended for human consumption, but may not use pesticides designated as restricted-
use pesticides pursuant to s. 487.042.
2. Must grow low-THC cannabis or medical cannabis within an enclosed structure and in a room separate from any other
plant.
3. Must inspect seeds and growing plants for plant pests that endanger or threaten the horticultural and agricultural
interests of the state, notify the Department of Agriculture and Consumer Services within 10 calendar days after a
determination that a plant is infested or infected by such plant pest, and implement and maintain phytosanitary policies and
procedures.
4. Must perform fumigation or treatment of plants, or the removal and destruction of infested or infected plants, in
accordance with chapter 581 and any rules adopted thereunder.
(b) When processing low-THC cannabis or medical cannabis, a dispensing organization must:
1. Process the low-THC cannabis or medical cannabis within an enclosed structure and in a room separate from other
plants or products.
2. Test the processed low-THC cannabis and medical cannabis before they are dispensed. Results must be verified and
signed by two dispensing organization employees. Before dispensing low-THC cannabis, the dispensing organization must
determine that the test results indicate that the low-THC cannabis meets the definition of low-THC cannabis and, for medical
cannabis and low-THC cannabis, that all medical cannabis and low-THC cannabis is safe for human consumption and free from
contaminants that are unsafe for human consumption. The dispensing organization must retain records of all testing and
samples of each homogenous batch of cannabis and tow-THC cannabis for at least 9 months. The dispensing organization must
contract with an independent testing laboratory to perform audits on the dispensing organization's standard operating
procedures, testing records, and samples and provide the results to the department to confirm that the low-THC cannabis or
medical cannabis meets the requirements of this section and that the medical cannabis and low-THC cannabis is safe for
human consumption.
3. Package the low-THC cannabis or medical cannabis in compliance with the United States Poison Prevention Packaging
Act of 1970, 15 U.S.C. ss. 1471 et seq.
4. Package the tow-THC cannabis or medical cannabis in a receptacle that has a firmly affixed and legible label stating the
following information:
a. A statement that the low-THC cannabis or medical cannabis meets the requirements of subparagraph 2.;
b. The name of the dispensing organization from which the medical cannabis or low-THC cannabis originates; and
c. The batch number and harvest number from which the medical cannabis or low-THC cannabis originates.
5. Reserve two processed samples from each batch and retain such samples for at least 9 months for the purpose of
testing pursuant to the audit required under subparagraph 2.
(c) When dispensing low-THC cannabis, medical cannabis, or a cannabis delivery device, a dispensing organization:
1. May not dispense more than a 45-day supply of tow-THC cannabis or medical cannabis to a patient or the patient's legal
representative.
2. Must have the dispensing organization's employee who dispenses the low-THC cannabis, medical cannabis, or a
cannabis delivery device enter into the compassionate use registry his or her name or unique employee identifier.
3. Must verify in the compassionate use registry that a physician has ordered the low-THC cannabis, medical cannabis, or a
specific type of a cannabis delivery device for the patient.
4. May not dispense or sell any other type of cannabis, alcohol, or illicit drug-related product, including pipes, bongs, or
wrapping papers, other than a physician-ordered cannabis delivery device required for the medical use of low-THC cannabis
or medical cannabis, while dispensing low-THC cannabis or medical cannabis.
5. Must verify that the patient has an active registration in the compassionate use registry, the patient or patient's legal
representative holds a valid and active registration card, the order presented matches the order contents as recorded in the
registry, and the order has not already been filled.
6. Must, upon dispensing the low-THC cannabis, medical cannabis, or cannabis delivery device, record in the registry the
date, time, quantity, and form of low-THC cannabis or medical cannabis dispensed and the type of cannabis delivery device
dispensed.
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(d) To ensure the safety and security of its premises and any off-site storage facilities, and to maintain adequate controls
against the diversion, theft, and loss of low-THC cannabis, medical cannabis, or cannabis delivery devices, a dispensing
organization shall:
1.a. Maintain a fully operational security alarm system that secures all entry points and perimeter windows and is
equipped with motion detectors; pressure switches; and duress, panic, and hold-up alarms; or
b. Maintain a video surveillance system that records continuously 24 hours each day and meets at least one of the
following criteria:
(I) Cameras are fixed in a place that allows for the clear identification of persons and activities in controlled areas of the
premises. Controlled areas include grow rooms, processing rooms, storage rooms, disposal rooms or areas, and point-of-sale
rooms;
(II) Cameras are fixed in entrances and exits to the premises, which shall record from both indoor and outdoor, or ingress
and egress, vantage points;
(Ill) Recorded images must clearly and accurately display the time and date; or
(IV) Retain video surveillance recordings for a minimum of 45 days or longer upon the request of a law enforcement
agency.
2. Ensure that the organization's outdoor premises have sufficient lighting from dusk until dawn.
3. Establish and maintain a tracking system approved by the department that traces the low-THC cannabis or medical
cannabis from seed to sale. The tracking system shall include notification of key events as determined by the department,
including when cannabis seeds are planted, when cannabis plants are harvested and destroyed, and when low-THC cannabis or
medical cannabis is transported, sold, stolen, diverted, or lost.
4. Not dispense from its premises low-THC cannabis, medical cannabis, or a cannabis delivery device between the hours of
9 p.m. and 7 a.m., but may perform all other operations and deliver low-THC cannabis and medical cannabis to qualified
patients 24 hours each day.
5. Store low-THC cannabis or medical cannabis in a secured, locked room or a vault.
6. Require at least two of its employees, or two employees of a security agency with whom i t contracts, to be on t he
premises at all times.
7. Require each employee to wear a photo identification badge at all times while on the premises.
8. Require each visitor to wear a visitor's pass at all times while on the premises.
9. Implement an alcohol and drug-free workplace policy.
10. Report to local law enforcement within 24 hours after it is notified or becomes aware of the theft, diversion, or loss of
low-THC cannabis or medical cannabis.
(e) To ensure the safe transport of low-THC cannabis or medical cannabis to dispensing organization facilities,
independent testing laboratories, or patients, the dispensing organization must:
1. Maintain a transportation manifest, which must be retained for at least 1 year.
2. Ensure only vehicles in good working order are used to transport low-THC cannabis or medical cannabis.
3. Lock low-THC cannabis or medical cannabis in a separate compartment or container within the vehicle.
4. Require at least two persons to be in a vehicle transporting low-THC cannabis or medical cannabis, and require at least
one person to remain in the vehicle while the low-THC cannabis or medical cannabis is being delivered.
5. Provide specific safety and security training to employees transporting or delivering low-THC cannabis or medical
cannabis.
(7) DEPARTMENT AUTHORITY AND RESPONSIBILITIES.-
(a) The department may conduct announced or unannounced inspections of dispensing organizations to determine
compliance with this section or rules adopted pursuant to this section.
(b) The department shall inspect a dispensing organization upon complaint or notice provided to the department that the
dispensing organization has dispensed low-THC cannabis or medical cannabis containing any mold, bacteria, or other
contaminant that may cause or has caused an adverse effect to human health or the environment.
(c) The department shall conduct at least a biennial inspection of each dispensing organization to evaluate the dispensing
organization's records, personnel, equipment, processes, security measures, sanitation practices, and quality assurance
practices.
(d) The department may enter into interagency agreements with the Department of Agriculture and Consumer Services,
the Department of Business and Professional Regulation, the Department of Transportation, the Department of Highway
Safety and Motor Vehicles, and the Agency for Health Care Administration, and such agencies are authorized to enter into an
interagency agreement with the department, to conduct inspections or perform other responsibilities assigned to the
department under this section .
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(e) The department must make a List of all approved dispensing organizations and qualified ordering physicians and
medical directors publicly available on its website.
(f) The department may establish a system for issuing and renewing registration cards for patients and their legal
representatives, establish the circumstances under which the cards may be revoked by or must be returned to the
department, and establish fees to implement such system. The department must require, at a minimum, the registration
cards to:
1. Provide the name, address, and date of birth of the patient or legal representative.
2. Have a full-face, passport-type, color photograph of the patient or legal representative taken within the 90 days
immediately preceding registration.
3. Identify whether the cardholder is a patient or legal representative.
4. List a unique numeric identifier for the patient or legal representative that is matched to the identifier used for such
person in the department's compassionate use registry.
5. Provide the expiration date, which shall be 1 year after the date of the physician's initial order of low-THC cannabis or
medical cannabis.
6. For the legal representative, provide the name and unique numeric identifier of the patient that the legal
representative is assisting.
7. Be resistant to counterfeiting or tampering.
(g) The department may impose reasonable fines not to exceed $10,000 on a dispensing organization for any of the
following violations:
1. Violating this section, s. 499.0295, or department rule.
2. Failing to maintain qualifications for approval.
3. Endangering the health, safety, or security of a qualified patient.
4. Improperly disclosing personal and confidential information of the qualified patient.
5. Attempting to procure dispensing organization approval by bribery, fraudulent misrepresentation, or extortion.
6. Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a
crime in any jurisdiction which directly relates to the business of a dispensing organization.
7. Making or filing a report or record that the dispensing organization knows to be false.
8. Willfully failing to maintain a record required by this section or department rule.
9. Willfully impeding or obstructing an employee or agent of the department in the furtherance of his or her official
duties.
10. Engaging in fraud or deceit, negligence, incompetence, or misconduct in the business practices of a dispensing
organization.
11. Making misleading, deceptive, or fraudulent representations in or related to the business practices of a dispensing
organization.
12. Having a license or the authority to engage in any regulated profession, occupation, or business that is related to the
business practices of a dispensing organization suspended, revoked, or otherwise acted against by the licensing authority of
any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law.
13. Violating a lawful order of the department or an agency of the state, or failing to comply with a lawfully issued
subpoena of the department or an agency of the state.
(h) The department may suspend, revoke, or refuse to renew a dispensing organization's approval if a dispensing
organization commits any of the violations in paragraph (g).
(i) The department shall renew the approval of a dispensing organization biennially if the dispensing organization meets
the requirements of this section and pays the biennial renewal fee.
(j) The department may adopt rules necessary to implement this section.
(8) PREEMPTION.-
(a) All matters regarding the regulation of the cultivation and processing of medical cannabis or low-THC cannabis by
dispensing organizations are preempted to the state.
(b) A municipality may determine by ordinance the criteria for the number and location of, and other permitting
requirements that do not conflict with state law or department rule for, dispensing facilities of dispensing organizations
located within its municipal boundaries . A county may determine by ordinance the criteria for the number, location, and
other permitting requirements that do not conflict with state law or department rule for all dispensing facilities of dispensing
organizations located within the unincorporated areas of that county.
(9) EXCEPTIONS TO OTHER LAWS.-
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(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of
this section, a qualified patient and the qualified patient's legal representative may purchase and possess for the patient's
medical use up to the amount of low-THC cannabis or medical cannabis ordered for the patient, but not more than a 45·day
supply, and a cannabis delivery device ordered for the patient.
(b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of
this section, an approved dispensing organization and its owners, managers, and employees may manufacture, possess, sell,
deliver, distribute, dispense, and lawfully dispose of reasonable quantities, as established by department rule, of low-THC
cannabis, medical cannabis, or a cannabis delivery device. For purposes of this subsection, the terms "manufacture,"
"possession," "deliver," "distribute," and "dispense" have the same meanings as provided ins. 893.02.
(c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of
this section, an approved independent testing laboratory may possess, test, transport, and lawfully dispose of low-THC
cannabis or medical cannabis as provided by department rule.
(d) An approved dispensing organization and its owners, managers, and employees are not subject to licensure or
regulation under chapter 465 or chapter 499 for manufacturing, possessing, selling, delivering, distributing, dispensing, or
Lawfully disposing of reasonable quantities, as established by department rule, of low-THC cannabis, medical cannabis, or a
cannabis delivery device.
(e) An approved dispensing organization that continues to meet the requirements for approval is presumed to be
registered with the department and to meet the regulations adopted by the department or its successor agency for the
purpose of dispensing medical cannabis or low-THC cannabis under Aorida law. Additionally, the authority provided to a
dispensing organization in s. 499.0295 does not impair the approval of a dispensing organization.
(f) This subsection does not exempt a person from prosecution for a criminal offense related to impairment or intoxication
resulting from the medical use of low-THC cannabis or medical cannabis or relieve a person from any requirement under law
to submit to a breath, blood, urine, or other test to detect the presence of a controlled substance.
B. Section 14(1), ch. 2017-232, provides that:
"(1) EMERGENCY RULEMAKING.-
"(a) The Department of Health and the applicable boards shall adopt emergency rules pursuant to s. 120.54(4), Florida
Statutes, and this section necessary to implement ss. 381. 986 and 381. 988, Florida Statutes. If an emergency rule adopted
under this section is held to be unconstitutional or an invalid exercise of delegated legislative authority, and becomes void,
the department or the applicable boards may adopt an emergency rule pursuant to this section to replace the rule that has
become void. If the emergency rule adopted to replace the void emergency rule is also held to be unconstitutional or an
invalid exercise of delegated legislative authority and becomes void, the department and the applicable boards must follow
the nonemergency rulemaking procedures of the Administrative Procedures Act to replace the rule that has become void.
"(b) For emergency rules adopted under this section, the department and the applicable boards need not make the
findings required bys. 120.54(4)(a), Florida Statutes. Emergency rules adopted under this section are exempt from ss. 120.54
(3)(b) and 120.541, Aorida Statutes. The department and the applicable boards shall meet the procedural requirements ins.
120.54(a), Aorida Statutes, if the department or the applicable boards have, before [June 23, 2017], held any public
workshops or hearings on the subject matter of the emergency rules adopted under this subsection. Challenges to emergency
rules adopted under this subsection are subject to the time schedules provided ins. 120.56(5), Florida Statutes.
"(c) Emergency rules adopted under this section are exempt from s. 120.54(4)(c), Florida Statutes, and shall remain in
effect until replaced by rules adopted under the nonemergency rulemaking procedures of the Administrative Procedures Act.
By January 1, 2018, the department and the applicable boards shall initiate nonemergency rulemaking pursuant to the
Administrative Procedures Act to replace all emergency rules adopted under this section by publishing a notice of rule
development in the Florida Administrative Register. Except as provided in paragraph (a), after January 1, 2018, the
department and applicable boards may not adopt rules pursuant to the emergency rulemaking procedures provided in this
section."
2Note.-Section 14(2), ch. 2017-232, provides that:
"(2) CAUSE OF ACTION.-
"(a) As used ins. 29(d)(3), Article X of the State Constitution, the term:
"1. 'Issue regulations' means the filing by the department of a rule or emergency rule for adoption with the Department
of State.
"2. 'Judicial relief' means an action for declaratory judgment pursuant to chapter 86, Florida Statutes.
"(b) The venue for actions brought against the department pursuant to s. 29(d)(3), Article X of the State Constitution shall
be in the circuit court in and for Leon County.
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"(c) If the department is not issuing patient and caregiver identification cards or licensing medical marijuana treatment
centers by October 3, 2017, the following shall be a defense to a cause of action brought under s. 29(d)(3), Article X of the
State Constitution:
"1. The department is unable to issue patient and caregiver identification cards or license medical marijuana treatment
centers due to litigation challenging a rule as an invalid exercise of delegated legislative authority or unconstitutional.
"2. The department is unable to issue patient or caregiver identification cards or license medical marijuana treatment
centers due to a rule being held as an invalid exercise of delegated legislative authority or unconstitutional."
3Note.-The word "in" was inserted by the editors.
Copyright co 1995-2017 The Florida Legislature• Privacy Statement• Contact Us
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Page 1 of 5
ORDINANCE 22, 2017 1
2
3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 4
BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND 5
DEVELOPMENT. AT SECTION 78-159. TABLE 21: PERMITTED, 6
CONDITIONAL, AND PROHIBITED USE CHART, AND ADOPTING 7
NEW NOTE (j)(73) TO TABLE 21 IN ORDER TO ADD MEDICAL 8
MARIJUANA TREATMENT CENTER – DISPENSING FACILITIES TO 9
THE LIST OF PROHIBITED USES IN ALL ZONING DISTRICTS; 10
FURTHER AMENDING CHAPTER 78 AT SECTION 78-751. 11
DEFINITIONS. BY ADDING THE NEW DEFINITIONS “MARIJUANA”, 12
“MEDICAL MARIJUANA TREATMENT CENTER-DISPENSING 13
FACILITY”; PROVIDING THAT EACH AND EVERY OTHER SECTION 14
AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. 15
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY 16
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 17
CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 18
EFFECTIVE DATE; AND FOR OTHER PURPOSES. 19
20
21
WHEREAS, the 2014 Florida Legislature approved Senate Bill 1030 providing for 22
the growing, processing, and distributing of specific forms of low-THC (non-euphoric) 23
cannabis to qualified patients and their legal representatives for the treatment of listed 24
medical conditions that became effective on June 16, 2014 as Chapter 2014-157, Laws 25
of Florida, and is codified at Section 381.986, Florida Statutes (“Senate Bill 1030”); and 26
27
WHEREAS, the Florida Department of Health adopted Chapter 64-4, Florida 28
Administrative Code, to implement Senate Bill 1030; and 29
30
WHEREAS, the 2016 Florida Legislature approved House Bill 307, which among 31
other things, amended Senate Bill 1030, and provided for the growing, processing, and 32
distributing of specific forms of medical (euphoric) cannabis to qualified patients and their 33
legal representatives for the treatment of listed medical conditions that became effective 34
on March 25, 2016, as Chapter 2016-123, Laws of Florida, and is codified at Sections 35
381.986 and 499.0295, Florida Statutes (“House Bill 307”); and 36
37
WHEREAS, pursuant to House Bill 307, the Florida Department of Health is 38
authorized to adopt additional rules to implement certain sections of House Bill 307; and 39
40
WHEREAS, on November 8, 2016, Florida voters approved an amendment to the 41
Florida Constitution to allow for broader medical use of any kind of marijuana (including 42
euphoric strains) within the State (the “2016 Constitutional Amendment”); and 43
44
45
46
Ordinance 22, 2017
Page 2 of 5
WHEREAS, the 2016 Constitutional Amendment authorizes and defines “Medical 1
Marijuana Treatment Centers” to encompass the entire supply chain (cultivation, 2
processing, storage, distribution, etc.), not just retail sales to qualified patients; and 3
4
WHEREAS, the 2016 Constitutional Amendment permits the use of additional 5
alternative forms of marijuana (marijuana in all its forms, including low-THC cannabis, 6
together referred to as “marijuana”) and alternative dispensing methods (e.g., food 7
products); and 8
9
WHEREAS, in 2014, the Florida Legislature enacted a separate but significantly 10
more narrow medical marijuana law, the “Compassionate Medical Cannabis Act of 2014,” 11
codified in Section 381.986, Florida Statutes, that authorizes a limited number of 12
nurseries to cultivate, process, and dispense low-THC cannabis to qualified patients and 13
operate as “dispensing organizations;” and 14
15
WHEREAS, on March 25, 2016, the Florida Legislature amended numerous 16
provisions of Section 381.986, Florida Statutes, and provided additional regulation of the 17
Department of Health with regard to medical cannabis; and 18
19
WHEREAS, Chapter 64-4 “Compassionate Use” of the Florida Administrative 20
Code has been enacted to regulate the Department of Health with regard to the 21
requirements for dispensing organizations, including procedures for application, review, 22
approval, inspection, and authorization of dispensing organizations, and the Department 23
of Health has commenced its application and review process; and 24
25
WHEREAS, the 2017 Florida Legislature approved Senate Bill 8-A during Special 26
Session that amended, among other things, Section 381.986, Florida Statutes (“Senate 27
Bill 8-A”); and 28
29
WHEREAS, the City of Palm Beach Gardens’ Land Development Regulations 30
need to be updated based on the requirements contained in Senate Bill 8-A regarding 31
medical marijuana treatment centers, which was signed into law by Governor Rick Scott 32
on June 23, 2017; and 33
34
WHEREAS, due to the historical prohibition of marijuana, the City of Palm Beach 35
Gardens does not currently have any land development regulations governing the use of 36
real property for the purposes of cultivating, processing, distributing, or selling marijuana, 37
or related activities, and such uses are not permissible within the City; and 38
39
WHEREAS, the City of Palm Beach Gardens is updating the Land Development 40
Regulations to more specifically prohibit medical marijuana treatment centers-dispensing 41
facilities; and 42
43
WHEREAS, this Ordinance was reviewed by the Planning, Zoning, and Appeals 44
Board, sitting as the Local Planning Agency, at a public hearing on September 19, 2017, 45
and the Board recommended approval by a vote of 5 to 0; and 46
Ordinance 22, 2017
Page 3 of 5
WHEREAS, the City Council deems approval of this Ordinance to be in the best 1
interest of the health, safety, and welfare of the residents and citizens of the City of Palm 2
Beach Gardens and the public at large. 3
4
5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 6
OF PALM BEACH GARDENS, FLORIDA, that: 7
8
SECTION 1. The foregoing recitals are hereby affirmed and ratified. 9
10
SECTION 2. Chapter 78. Land Development. of the Code of Ordinances of the 11
City of Palm Beach Gardens, Florida, is hereby amended at Section 78-159. Permitted 12
uses, minor and major conditional uses, and prohibited uses. by amending Table 21 and 13
adopting new note (j)(73); providing that Table 21 and note (j)(73) shall hereafter read as 14
follows: 15
16
Sec. 78-159. Permitted uses, minor and major conditional uses, and prohibited 17
uses. 18
19
(a)–(i) (These subsections shall remain in full force and effect as previously enacted.) 20
21
Table 21: Permitted, Conditional, and Prohibited Use Chart 22
23
(Please note that P= Permitted Use, C = Minor Conditional Use, C* = Major Conditional 24
Use, Blank = Prohibited) 25
26
CATEGORY/USE RE RR10 RR20 RL1 RL2 RL3 RM RH RMH PO CN CG1 CG2 CR M1 M1A M2 P&I CONS PDA Note
*** (The previous rows of Table 21 have been omitted for brevity.)***
RETAIL & COMMERCIAL
Medical and
Dental Supply
Sales
C P P P P
Microbrewery/Craft
Brewery/Brew Pub C * C * C* C *
Medical Marijuana
Treatment Center-
Dispensing Facility
(MMTC-DF)
73
Motorcycle Sales
and Service P P
*** (Intervening rows of Table 21 have been omitted for brevity.)***
27
(j) Additional Standards. The following standards apply to specific uses as indicated 28
in the “Note” column of Table 21. 29
30
(1) – (72) (These subsections shall remain in full force and effect as previously 31
enacted.) 32
Ordinance 22, 2017
Page 4 of 5
(73) Medical Marijuana Treatment Center-Dispensing Facilities (MMTC-DF) are strictly 1
and specifically prohibited in all zoning districts in the City of Palm Beach Gardens. 2
3
SECTION 3. Chapter 78. Land Development. of the Code of Ordinances of the 4
City of Palm Beach Gardens, Florida, is hereby amended at Section 78-751. Definitions. 5
by adding the new definition of “Marijuana” and “Medical Marijuana Treatment Center-6
Dispensing Facility MMTC-DF”; providing that “Marijuana” and “Medical Marijuana 7
Treatment Center (MMTC) and/or MMTC-Dispensing Facility” shall be placed within the 8
list of definitions in alphabetical order and shall hereafter read as follows: 9
10
Sec. 78-751. Definitions. 11
12
Marijuana means all parts of any plant of the genus Cannabis, whether growing or 13
not; the seeds thereof; the resin extracted from any part of the plant; and every compound, 14
manufacture, sale, derivative, mixture, or preparation of the plant or seed or resin, 15
including low-THC cannabis, which are dispensed from a medical marijuana treatment 16
center for medical use by an eligible patient, as defined in s. 499.0295, F.S. Marijuana 17
includes any strain of marijuana or cannabis, in any form, that is authorized by State law 18
to be dispensed or sold in the State of Florida. Also referred to as “medical marijuana.” 19
20
Medical Marijuana Treatment Center-Dispensing Facility (MMTC-DF) means a 21
retail establishment, licensed by the Florida Department of Health as a “medical 22
marijuana treatment center dispensing facility,” established by a licensed “medical 23
marijuana treatment center,” “dispensing organization,” “dispensing organization facility,” 24
or similar use, that sells and dispenses marijuana, products containing marijuana, or 25
related supplies, but does not engage in any other activity related to preparation, 26
wholesale storage, distribution, transfer, cultivation, or processing of any form of 27
marijuana, marijuana products, or related supplies, and does not allow on-site 28
consumption of marijuana or marijuana products. 29
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SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 31
hereby repealed. 32
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SECTION 5. Should any section or provision of this Ordinance or any portion 34
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 35
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 36
37
SECTION 6. Specific authority is hereby granted to codify this Ordinance. 38
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SECTION 7. This Ordinance shall become effective immediately upon adoption. 40
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Ordinance 22, 2017
PASSED this 7~ay of S«rn@ ~u:Yl. , 2017, upon first reading .
PASSED AND ADOPTED this __ day of ______ , 2017, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY: -------------Maria G. Marino, Mayor
Mark T. Marciano, Vice Mayor
Carl Woods, Councilmember
Matthew Jay Lane, Councilmember
Rachelle A. Litt, Councilmember
ATTEST:
BY: -------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: -------------R. Max Lohman, City Attorney
FOR AGAINST ABSENT
G:\attorney_share\ORDINANCES\2017\0rdinance 22 2017 Medical Marijuana Dispensing Facilities -Ban .docx
Page 5 of 5
Subject/Agenda Item:
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 12, 2017
Ordinance 23, 2017
Amendment to the City's Land Development Regulations
Public Hearing and Second and Final Reading: A City-initiated request to establish and
impose a temporary moratorium within the City limits of Palm Beach Gardens on the submittal
and processing of applications and the issuance of any permits pertaining to the collocation on
existing or the creation of new utility poles in the City-owned rights-of-way to support small or
micro wireless facilities for a period ending December 31, 2017. This moratorium will allow
City Staff to develop regulations consistent with Chapter 2017-136, Laws of Florida.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Development Compliance
and Zoning Manager
NIA
Bahareh Wolfs , AICP
CityAtto~
R. Max Lohman, Esq.
Approved By:
Originating Dept.:
Planning & Zoning :
Planner
[ ] Quasi -Judicial
[X] Legisla!ive
[X] Public Hearing
1-----------1
Advertised:
[X] Required
[ ] Not Required
Date: 912712017
Paper: Palm Beach
Post
Finance:
Accountant
NIA
Tresha Thomas
Fees Paid: NIA
Funding Source:
[ J Operating
[X] Other NIA
City Council Action:
[ J Approval
[ J App. wl Conds.
[ J Denial
[ ] Continued to : __
Attachments:
Budget Acct.#: NIA • Chapter 2017-136, Laws
of Florida
Effective Date:
NIA • Ordinance 23, 2017
Expiration Date :
NIA
EXECUTIVE SUMMARY
Meeting Date: October 12, 2017
Ordinance 23, 2017
Page 2 of3
A City-initiated request to establish and impose a temporary moratorium on the submittal
and processing of applications for permits to collocate small wireless facilities or micro
wireless facilities on utility poles within City-owned rights-of-way. The moratorium will
also apply to the submittal and processing of applications for permits to create new utility
poles within City-owned rights-of-way for servicing small wireless facilities or micro
wireless facilitates. The moratorium will allow City Staff to review current sections of the
City Code of Ordinances relating to wireless facilities and recommend changes to the City
Council consistent with Chapter 2017-136, Laws of Florida.
BACKGROUND
On June 23, 2017, Governor Scott approved House Bill 687 over the objections of
numerous local governments and advocacy groups. The legislation, "Advanced Wireless
Infrastructure Deployment Act" (Act), has been codified as Chapter 2017-136, Laws of
Florida and became effective July 1, 2017. The Act substantially amends Section
337.401, Florida Statutes, relating to the use of public (municipal or county) rights-of-way,
and specific structures located in the rights-of-way, for broadband or wireless facility
infrastructure. The Act provides for the installation of small wireless facilities on
government-owned poles and other poles and structures located in the right-of-way,
installation of ground-mounted equipment in the right-of-way, installation of new poles in
the right-of-way, and the installation of micro wireless facilities.
The Act provides a specified process that a government must follow to accept applications
for permits and to process and issue those permits. Generally, the government must
either approve or deny a completed application within 60 days after receipt of the
application. The Act also sets forth limited standards by which an application may be
denied, primarily based on ADA compliance, sight visibility, and non-conformance with
the government's "applicable codes." "Applicable codes" include "local codes or
ordinances adopted to implement" the Act and "objective design standards adopted by
ordinance . . . to meet reasonable location context, color, stealth, and concealment
requirements." The Act also restricts the amount charged for permit fees and the rate to
install a small wireless facility on a government utility pole.
The Act provides that a local government shall offer rates, fees, and other terms to comply
with the Act by no later than January 1, 2018. The City's Code of Ordinances has specific
sections that address wireless facilities being collocated on poles within the right-of-way,
but Staff has not had the opportunity to adequately evaluate these elements for
compliance with the Act or determine what objective design standards may be
appropriate.
PROPOSED MORATORIUM
The temporary moratorium will be imposed on the submission and processing of
applications and any issuance of permits pertaining to the collocation on existing or the
creation of new utility poles in the right-of-way to support small wireless facilities or micro
Meeting Date: October 12, 2017
Ordinance 23, 2017
Page 3 of3
wireless facilities as referenced in Section 337.401, Florida Statutes, within the corporate
limits of the City of Palm Beach Gardens. The moratorium will provide City Staff with the
time and opportunity necessary to implement a framework of authorized regulation and
fee structure as provided in Section 337.401, Florida Statutes. The moratorium will be
terminated on December 31, 2017.
STAFF ANALYSIS
The Act restricts the ability of the City to limit or regulate the placement of small wireless
facilities or micro wireless facilities on utility poles in City-owned rights-of-way or the
placement of new utility poles in the City-owned rights-of-way for servicing these wireless
facilities. The Act also expands the definition of "utility pole" to include light poles, traffic
control structures, and signage at least 15 feet tall. The Act severely limits the ability of
the City to impose distance separation requirements or the ability to require specific types
of poles or attachments. Essentially, the Act limits the City to regulating the appearance
of the wireless facilities in terms of location context, color, stealth, and concealment
requirements.
City Staff has identified certain sections of the City's Code of Ordinances that will need to
be amended to be consistent with Chapter 2017-136, Laws of Florida. However, City
Staff will need time to determine reasonable design criteria as well as review the
permitting process and fees to ensure consistency with Chapter 2017-136, Laws of
Florida. Without reasonable design criteria in place by January 1, 2018, the City will have
no means to regulate the location or appearance of these wireless facilities. This
moratorium will provide Staff with that time and opportunity.
PLANNING, ZONING, AND APPEALS BOARD (PZAB)
The petition was heard at the September 19, 2017, PZAB meeting. The PZAB
recommended approval by a vote of 5-0.
CITY COUNCIL ACTION:
On September 7, 2017, the City Council approved Ordinance 23, 2017 on first reading by
a vote of 5 to 0.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 23, 2017 as presented on second and final
reading.
CHAPTER 2017-136
Committee Substitute for
Committee Substitute for House Bill No. 687
An act relating to utilities; amending s. 337.401, F.S.; authorizing the
Department of Transportation and certain local governmental entities to
prescribe and enforce rules or regulations regarding the placing and
maintaining of certain voice or data communications services lines or
wireless facilities on certain rights-of-way; providing a short title;
providing definitions; prohibiting an authority from prohibiting, regulat-
ing, or charging for the collocation of small wireless facilities in public
rights-of-way under certain circumstances; authorizing an authority to
require a registration process and permit fees under certain circum-
stances; requiring an authority to accept, process, and issue applications
for permits subject to specified requirements; prohibiting an authority
from requiring approval or requiring fees or other charges for routine
maintenance, the replacement of certain wireless facilities, or the
installation, placement, maintenance, or replacement of certain micro
wireless facilities; providing an exception; providing requirements for the
collocation of small wireless facilities on authority utility poles; providing
requirements for rates, fees, and other terms related to authority utility
poles; authorizing an authority to apply current ordinances regulating
placement of communications facilities in the right-of-way for certain
applications; requiring an authority to waive certain permit application
requirements and small wireless facility placement requirements; prohi-
biting an authority from adopting or enforcing any regulation on the
placement or operation of certain communications facilities and from
regulating any communications services or imposing or collecting any tax,
fee, or charge not specifically authorized under state law; providing
construction; requiring a wireless provider to comply with certain
nondiscriminatory undergrounding requirements of an authority; author-
izing the authority to waive any such requirements; authorizing a wireless
infrastructure provider to apply to an authority to place utility poles in the
public rights-of-way to support the collocation of small wireless facilities;
providing application requirements; requiring the authority to accept and
process the application subject to certain requirements; providing
construction; authorizing an authority to enforce certain local codes,
administrative rules, or regulations; authorizing an authority to enforce
certain pending local ordinances, administrative rules, or regulations
under certain circumstances, subject to waiver by the authority; providing
construction; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (a) of subsection (1) of section 337.401, Florida
Statutes, is amended, and subsection {7) is added to that section, to read:
1
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Ch. 2017-136 LAWS OF FLORIDA Ch. 2017-136
337.401 Use of right-of-way for utilities subject to regulation; permit;
fees.-
(l)(a) The department and local governmental entities, referred to in
this section and in ss. 337.402, 337.403, and 337.404 as the "authority," that
have jurisdiction and control of public roads or publicly owned rail corridors
are authorized to prescribe and enforce reasonable rules or regulations with
reference to the placing and maintaining across, on, or within the right-of-
way limits of any road or publicly owned rail corridors under their respective
jurisdictions any electric transmission, voice telephone, telegraph, data, or
other communications services lines or wireless facilities; pole lines; poles;
railways; ditches; sewers; water, heat, or gas mains; pipelines; fences;
gasoline tanks and pumps; or other structures referred to in this section and
in ss. 337.402, 337.403, and 337.404 as the "utility." The department may
enter into a permit-delegation agreement with a governmental entity if
issuance of a permit is based on requirements that the department finds will
ensure the safety and integrity of facilities of the Department of Transporta-
tion; however, the permit-delegation agreement does not apply to facilities of
electric utilities as defined in s. 366.02(2).
(7)(a) This subsection may be cited as the "Advanced Wireless Infra-
structure Deployment Act."
(b) As used in this subsection, the term:
1. "Antenna" means communications equipment that transmits or
receives electromagnetic radio frequency signals used in providing wireless
services.
2. "Applicable codes" means uniform building, fire, electrical, plumbing,
or mechanical codes adopted by a recognized national code organization or
local amendments to those codes enacted solely to address threats of
destruction of property or injury to persons, or local codes or ordinances
adopted to implement this subsection. The term includes objective design
standards adopted by ordinance that may require a new utility pole that
replaces an existing utility pole to be of substantially similar design,
material, and color or that may require reasonable spacing requirements
concerning the location of ground-mounted equipment. The term includes
objective design standards adopted by ordinance that may require a small
wireless facility to meet reasonable location context, color, stealth, and
concealment requirements; however, such design standards may be waived
by the authority upon a showing that the d es ign standards are not
reasonably compatible for the particular location of a small wireless facility
or that the design standards impose an excessive expense. The waiver shall
be granted or denied within 45 days after the date of the request.
3. "Applicant" means a person who submits an application and is a
wireless provider.
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Ch. 2017-136 LAWS OF FLORIDA Ch. 2017-136
4. "Application" means a request submitted by an applicant to an
authority for a permit to collocate small wireless facilities.
5. "Authority'' means a county or municipality having jurisdiction and
control of the rights-of-way of any public road. The term does not include the
Department of Transportation. Rights-of-way under the jurisdiction and
control of the department are excluded from this subsection.
6. "Authority utility pole" means a utility pole owned by an authority in
the right-of-way. The term does not include a utility pole owned by a
municipal electric utility. a utility pole used to support municipally owned or
operated electric distribution facilities, or a utility pole located in the right-
of-way within:
a. A retirement community that:
(I) Is deed restricted as housing for older persons as defined in s.
760.29(4)(b);
(II) Has more than 5,000 residents; and
(Ill) Has underground utilities for electric transmission or distribution.
b. A municipality that:
(I) Is located on a coastal barrier island as defined ins. 161.053(1)(b)3.;
(II) Has a land area of less than 5 square miles;
(III) Has less than 10,000 residents; and
(IV) Has. before July 1, 2017, received referendum approval to issue debt
to finance municipal-wide undergrounding of its utilities for electric
transmission or distribution.
7. "Collocate" or "collocation" means to install. mount, maintain, modify.
operate, or replace one or more wireless facilities on, under. within. or
adjacent to a wireless support structure or utility pole. The term does not
include the installation of a new utility pole or wireless support structure in
the public rights-of-way.
8. "FCC" means the Federal Communications Commission.
9. "Micro wireless facility" means a small wireless facility having
dimensions no larger than 24 inches in length. 15 inches in width, and 12
inches in height and an exterior antenna, if any. no longer than 11 inches.
10. "Small wireless facility" means a wireless facility that meets the
following qualifications:
a. Each antenna associated with the facility is located inside an
enclosure ofno more than 6 cubic feet in volume or, in the case of antennas
3
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Ch. 2017-136 LAWS OF FLORIDA Ch. 2017-136
that have exposed elements, each antenna and all of its exposed elements
could fit within an enclosure of no more than 6 cubic feet in volume; and
b. All other wireless equipment associated with the facility is cumula-
tively no more than 28 cubic feet in volume. The following types of associated
ancillary equipment are not included in the calculation of equipment
volume: electric meters, concealment elements, telecommunications demar-
cation boxes, ground-based enclosures, grounding equipment, power trans-
fer switches, cutoff switches, vertical cable runs for the connection of power
and other services, and utility poles or other support structures.
11. "Utility pole" means a pole or similar structure that is used in whole
or in part to provide communications services or for electric distribution,
lighting, traffic control, signage, or a similar function. The term includes the
vertical support structure for traffic lights but does not include a horizontal
structure to which signal lights or other traffic control devices are attached
and does not include a pole or similar structure 15 feet in height or less
unless an authority grants a waiver for such pole.
12. "Wireless facility" means equipment at a fixed location which enables
wireless communications between user equipment and a communications
network, including radio transceivers, antennas, wires, coaxial or fiber-optic
cable or other cables, regular and backup power supplies, and comparable
equipment, regardless of technological configuration, and equipment asso-
ciated with wireless communications. The term includes small wireless
facilities. The term does not include:
a. The structure or improvements on, under, within, or adjacent to the
structure on which the equipment is collocated;
b. Wireline backhaul faciliti es ; or
c. Coaxial or fiber-optic cable that is between wireless structures or
utility poles or that is otherwise not immediately adjacent to or directly
associated with a particular antenna.
13. ''Wireless infrastructure provider" means a person who has been
certificated to provide telecommunications service in the state and who
builds or installs wireless communication transmission equipment, wireless
facilities, or wireless support structures but is not a wireless services
provider.
14. ''Wireless provider" means a wireless infrastructure provider or a
wireless services provider.
15. ''Wireless services" means any services provided using licensed or
unlicensed spectrum, whether at a fixed location or mobile, using wireless
facilities.
16. ''Wireless services provider" means a person who provides wireless
services.
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Ch. 2017-136 LAWS OF FLORIDA Ch. 2017-136
17. ''Wireless support structure" means a freestanding structure, such as
a monopole, a guyed or self-supporting tower, or another existing or
proposed structure designed to support or capable of supporting wireless
facilities. The term does not include a utility pole.
(c) Except as provided in this subsection, an authority may not prohibit,
regulate, or charge for the collocation of small wireless facilities in the public
rights-of-way.
(d) An authority may require a registration process and permit fees in
accordance with subsection (3). An authority shall accept applications for
permits and shall process and issue permits subject to the following
requirements:
1. An authority may not directly or indirectly require an applicant to
perform services unrelated to the collocation for which approval is sought,
such as in-kind contributions to the authority, including reserving fiber,
conduit, or pole space for the authority.
2. An applicant may not be required to provide more information to
obtain a permit than is necessary to demonstrate the applicant's compliance
with applicable codes for the placement of small wireless facilities in the
locations identified the application.
3. An authority may not require the placement of small wireless facilities
on any specific utility pole or category of poles or require multiple antenna
systems on a single utility pole.
4. An authority may not limit the placement of small wireless facilities
by minimum separation distances. However, within 14 days after the date of
filing the application, an authority may request that the proposed location of
a small wireless facility be moved to another location in the right-of-way and
placed on an alternative authority utility pole or support structure or may
place a new utility pole. The authority and the applicant may negotiate the
alternative location, including any objective design standards and reason-
able spacing requirements for ground-based equipment, for 30 days after the
date of the request. At the conclusion of the negotiation period, if the
alternative location is accepted by the applicant, the applicant must notify
the authority of such acceptance and the application shall be deemed
granted for any new location for which there is agreement and all other
locations in the application. If an agreement is not reached, the applicant
must notify the authority of such nonagreement and the authority must
grant or deny the original application within 90 days after the date the
application was filed. A request for an alternative location, an acceptance of
an alternative location, or a rejection of an alternative location must be in
writing and provided by electronic mail.
5. An authority shall limit the height of a small wireless facility to 10 feet
above the utility pole or structure upon which the small wireless facility is to
be collocated. Unless waived by an authority, the height for a new utility pole
5
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Ch. 2017-136 LAWS OF FLORIDA Ch. 2017-136
is limited to the tallest existing utility pole as of July 1, 2017, located in the
same right-of-way, other than a utility pole for which a waiver has
previously been granted, measured from grade in place within 500 feet of
the proposed location of the small wireless facility. If there is no utility pole
within 500 feet, the authority shall limit the height of the utility pole to 50
feet.
6. Except as provided in subparagraphs 4. and 5., the installation of a
utility pole in the public rights-of-way designed to support a small wireless
facility shall be subject to authority rules or regulations governing the
placement of utility poles in the public rights-of-way and shall be subject to
the application review timeframes in this subsection.
7. Within 14 days after receiving an application, an authority must
determine and notify the applicant by electronic mail as to whether the
application is complete. If an application is deemed incomplete, the
authority must specifically identify the missing information. An application
is deemed complete if the authority fails to provide notification to the
applicant within 14 days.
8. An application must be processed on a nondiscriminatory basis. A
complete application is deemed approved if an authority fails to approve or
deny the application within 60 days after receipt of the application. If an
authority does not use the 30-day negotiation period provided in subpara-
graph 4 ., the parties may mutually agree to extend the 60-day application
review period. The authority shall grant or deny the application at the end of
the extended period. A permit issued pursuant to an approved application
shall remain effective for 1 year unless extended by the authority.
9. An authority must notify the applicant of approval or denial by
electronic mail. An authority shall approve a complete application unless it
does not meet the authority's applicable codes. If the application is denied,
the authority must specify in writing the basis for denial, including the
specific code provisions on which the denial was based, and send the
documentation to the applicant by electronic mail on the day the authority
denies the application. The applicant may cure the deficiencies identified by
the authority and resubmit the application within 30 days after notice of the
denial is sent to the applicant. The authority shall approve or deny the
revised application within 30 days after receipt or the application is deemed
approved. Any subsequent review shall be limited to the deficiencies cited in
the denial.
10. An applicant seeking to collocate small wireless facilities within the
jurisdiction of a single authority may, at the applicant's discretion, file a
consolidated application and receive a single permit for the collocation ofup
to 30 small wireless facilities. If the application includes multiple small
wireless facilities, an authority may separately address small wireless
facility collocations for which incomplete information has been received or
which are denied.
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Ch. 2017-136 LAWS OF FLORIDA Ch. 2017-136
11. An authority may deny a proposed collocation of a small wireless
facility in the public rights-of-way if the proposed collocation:
a. Materially interferes with the safe operation of traffic control
equipment.
b. Materially interferes with sight lines or clear zones for transportation,
pedestrians, or public safety purposes.
c. Materially interferes with compliance with the Americans with
Disabilities Act or similar federal or state standards regarding pedestrian
access or movement.
d. Materially fails to comply with the 2010 edition of the Florida
Department of Transportation Utility Accommodation Manual.
e. Fails to comply with applicable codes.
12. An authority may adopt by ordinance provisions for insurance
coverage, indemnification, performance bonds, security funds, force ma-
jeure, abandonment, authority liability, or authority warranties. Such
provisions must be reasonable and nondiscriminatory.
13. Collocation of a small wireless facility on an authority utility pole
does not provide the basis for the imposition of an ad valorem tax on the
authority utility pole.
14. An authority may reserve space on authority utility poles for future
public safety uses. However, a reservation of space may not preclude
collocation of a small wireless facility. If replacement of the authority utility
pole is necessary to accommodate the collocation of the small wireless facility
and the future public safety use, the pole replacement is subject to make-
ready provisions and the replaced pole shall accommodate the future public
safety use.
15. A structure granted a permit and installed pursuant to this
subsection shall comply with chapter 333 and federal regulations pertaining
to airport airspace protections.
(e) An authority may not require approval or require fees or other
charges for:
1. Routine maintenance;
2. Replacement of existing wireless facilities with wireless facilities that
are substantially similar or of the same or smaller size; or
3. Installation, placement, maintenance , or replacement of micro wire-
less facilities that are suspended on cables strung between existing utility
poles in compliance with applicable codes by or for a communications
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Ch. 2017-136 LAWS OF FLORIDA Ch. 2017-136
services provider authorized to occupy the rights-of-way and who is
remitting taxes under chapter 202.
Notwithstanding this paragraph, an authority may require a right-of-way
permit for work that involves excavation, closure of a sidewalk, or closure of
a vehicular lane.
(f) Collocation of small wireless facilities on authority utility poles is
subject to the following requirements:
1. An authority may not enter into an exclusive arrangement with any
person for the right to attach equipment to authority utility poles.
2. The rates and fees for collocations on authority utility poles must be
nondiscriminatory, regardless of the services provided by the collocating
person.
3. The rate to collocate small wireless facilities on an authority utility
pole may not exceed $150 per pole annually.
4. Agreements between authorities and wireless providers that are in
effect on July 1, 2017, and that relate to the collocation of small wireless
facilities in the right-of-way, including the collocation of small wireless
facilities on authority utility poles, remain in effect, subject to applicable
termination provisions. The wireless provider may accept the rates, fees, and
terms established under this subsection for small wireless facilities and
utility poles that are the subject of an application submitted after the rates,
fees, and terms become effective.
5. A person owning or controlling an authority utility pole shall offer
rates, fees, and other terms that comply with this subsection. By the later of
January 1, 2018, or 3 months after receiving a request to collocate its first
small wireless facility on a utility pole owned or controlled by an authority,
the person owning or controlling the authority utility pole shall make
available, through ordinance or otherwise, rates, fees, and terms for the
collocation of small wireless facilities on the authority utility pole which
comply with this subsection.
a. The rates, fees, and terms must be nondiscriminatory and competi-
tively neutral and must comply with this subsection.
b. For an authority utility pole that supports an aerial facility used to
provide communications services or electric service, the parties shall comply
with the process for make-ready work under 47 U.S.C. s. 224 and
implementing regulations. The good faith estimate of the person owning
or controlling the pole for any make-ready work necessary to enable the pole
to support the requested collocation must include pole replacement if
necessary.
c. For an authority utility pole that does not support an aerial facility
used to provide communications services or electric service, the authority
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Ch. 2017-136 LAWS OF FLORIDA Ch. 2017-136
shall provide a good faith estimate for any make-ready work necessa;r:y to
enable the pole to support the requested collocation, including necessa;r:y
pole replacement, within 60 days after receipt of a complete application.
Make-ready work, including any pole replacement, must be completed
within 60 days after written acceptance of the good faith estimate by the
applicant. Alternatively, an authority may require the applicant seeking to
collocate a small wireless facility to provide a make-ready estimate at the
applicant's expense for the work necessa;r:y to support the small wireless
facility, including pole replacement, and perform the make-ready work. If
pole replacement is required, the scope of the make-ready estimate is limited
to the design, fabrication, and installation of a utility pole that is
substantially similar in color and composition. The authority may not
condition or restrict the manner in which the applicant obtains, develops, or
provides the estimate or conducts the make-ready work subject to usual
construction restoration standards for work in the right-of-way. The
replaced or altered utility pole shall remain the property of the authority.
d. An authority may not require more make-ready work than is required
to meet applicable codes or industry standards. Fees for make-ready work
may not include costs related to preexisting damage or prior noncompliance.
Fees for make-ready work, including any pole replacement, may not exceed
actual costs or the amount charged to communications services providers
other than wireless services providers for similar work and may not include
any consultant fee or expense.
(g) For any applications filed before the effective date of ordinances
implementing this subsection, an authority may apply current ordinances
relating to placement of communications facilities in the right-of-way
related to registration, permitting, insurance coverage, indemnification,
performance bonds, security funds, force majeure, abandonment, authority
liability, or authority warranties. Permit application requirements and
small wireless facility placement requirements, including utility pole height
limits, that conflict with this subsection shall be waived by the authority.
(h) Except as provided in this section or specifically required by state
law, an authority may not adopt or enforce any regulation on the placement
or operation of communications facilities in the rights-of-way by a provider
authorized by state law to operate in the rights-of-way and may not regulate
any communications services or impose or collect any tax, fee, or charge not
specifically authorized under state law. This paragraph does not alter any
law regarding an authority's ability to regulate the relocation of facilities.
(i) A wireless provider shall, in relation to a small wireless facility, utility
pole, or wireless support structure in the public rights-of-way, comply with
nondiscriminatory undergrounding requirements of an authority that
prohibit above-ground structures in public rights-of-way. Any such require-
ments may be waived by the authority.
G) A wireless infrastructure provider may apply to an authority to place
utility poles in the public rights-of-way to support the collocation of small
9
CODING: Words strieken are deletions; words underlined are additions.
Ch. 2017-136 LAWS OF FLORIDA Ch. 2017-136
wireless facilities. The application must include an attestation that small
wireless facilities will be collocated on the utility pole or structure and will be
used by a wireless services provider to provide service within 9 months after
the date the application is approved. The authority shall accept and process
the application in accordance with subparagraph (d)6. and any applicable
codes and other local codes governing the placement of utility poles in the
public rights-of-way.
(k) This subsection does not limit a local government's authority to
enforce historic preservation zoning regulations consistent with the pre-
servation of local zoning authority under 4 7 U.S.C. s. 332(c)(7), the
requirements for facility modifications under 4 7 U.S.C. s. 1455(a), or the
National Historic Preservation Act of 1966, as amended, and the regulations
adopted to implement such laws. An authority may enforce local codes,
administrative rules, or regulations adopted by ordinance in effect on April
1, 2017, which are applicable to a historic area designated by the state or
authority. An authority may enforce pending local ordinances, adminis-
trative rules, or regulations applicable to a historic area designated by the
state if the intent to adopt such changes has been publicly declared on or
before April 1, 2017. An authority may waive any ordinances or other
requirements that are subject to this paragraph.
(1) This subsection does not authorize a person to collocate or attach
wireless facilities, including any antenna, micro wireless facility, or small
wireless facility, on a privately owned utility pole, a utility pole owned by an
electric cooperative or a municipal electric utility, a privately owned wireless
support structure, or other private property without the consent of the
property owner.
(m) The approval of the installation, placement, maintenance, or
operation of a small wireless facility pursuant to this subsection does not
authorize the provision of any voice, data, or video communications services
or the installation, placement, maintenance, or operation of any commu-
nications facilities other than small wireless facilities in the right-of-way.
(n) This subsection does not affect provisions relating to pass-through
providers in subsection (6).
(o) This subsection does not authorize a person to collocate or attach
small wireless facilities or micro wireless facilities on a utility pole, unless
otherwise permitted by federal law, or erect a wireless support structure in
the right-of-way located within a retirement community that:
1. Is deed restricted as housing for older persons as defined in s.
760.29( 4)(b);
2. Has more than 5,000 residents; and
3. Has underground utilities for electric transmission or distribution.
10
CODING: Words stFieken are deletions; words underlined are additions.
Ch. 2017-136 LAWS OF FLORIDA Ch. 2017-136
This paragraph does not apply to the installation, placement, maintenance,
or replacement of micro wireless facilities on any existing and duly
authorized aerial communications facilities, provided that once aerial
facilities are converted to underground facilities, any such collocation or
construction shall be only as provided by the municipality's underground
utilities ordinance.
(p) This subsection does not authorize a person to collocate or attach
small wireless facilities or micro wireless facilities on a utility pole, unless
otherwise permitted by federal law, or erect a wireless support structure in
the right-of-way located within a municipality that:
I. Is located on a coastal barrier island as defined in s. 161.053(1)(b)3.;
2. Has a land area of less than 5 square miles;
3. Has fewer than 10,000 residents; and
4. Has, before July 1, 2017, received referendum approval to issue debt to
finance municipal-wide undergrounding of its utilities for electric transmis-
sion or distribution.
This paragraph does not apply to the installation, placement, maintenance,
or replacement of micro wireless facilities on any existing and duly
authorized aerial communications facilities, provided that once aerial
facilities are converted to underground facilities, any such collocation or
construction shall be only as provided by the municipality's underground
utilities ordinance.
(q) This subsection does not authorize a person to collocate small
wireless facilities or micro wireless facilities on an authority utility pole
or erect a wireless support structure in a location subject to covenants,
conditions, restrictions, articles of incorporation, and bylaws of a home-
owners' association. This paragraph does not apply to the installation,
placement, maintenance, or replacement of micro wireless facilities on any
existing and duly authorized aerial communications facilities.
Section 2. This act shall take effect July 1, 2017.
Approved by the Governor June 23, 2017.
Filed in Office Secretary of State June 23, 2017.
11
CODING: Words strieken are deletions; words underlined are additions.
-------------------------------------·-·--·
1 ORDINANCE 23, 2017
2
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA, ESTABLISHING AND IMPOSING A
6 TEMPORARY MORATORIUM WITHIN THE CITY OF PALM BEACH
7 GARDENS ON THE SUBMITTAL AND PROCESSING OF
8 APPLICATIONS AND ISSUANCE OF ANY PERMITS PERTAINING
9 TO COLLOCATION ON EXISTING OR THE CREATION OF NEW
10 UTILITY POLES IN THE RIGHTS-OF-WAY TO SUPPORT SMALL
11 WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES UNTIL
12 DECEMBER 31, 2017, IN ORDER TO ALLOW AN OPPORTUNITY TO
13 DEVELOP REGULATIONS CONSISTENT WITH CHAPTER 2017-136,
14 LAWS OF FLORIDA THAT BECAME EFFECTIVE JULY 1, 2017;
15 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
16 AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
17 AND FOR OTHER PURPOSES.
18
19
20 WHEREAS, during the 2017 Legislative Session, the state legislature passed
21 House Bill 687 amending Section 337.401, Florida Statutes, creating what is known as
22 the "Advanced Wireless Infrastructure Deployment Act"; and
23
24 WHEREAS, such legislation was approved by the Governor on June 23, 2017,
25 and became effective on July 1, 2017, under Chapter 2017-136, Laws of Florida; and
26
27 WHEREAS, the law establishes a process by which wireless providers may place
28 certain "small wireless facilities" on, under, within, or adjacent to certain utility poles or
29 wireless support structures within public rights-of-way that are under the jurisdiction and
30 control of an "authority", including the City of Palm Beach Gardens; and
31
32 WHEREAS, thus, the law provides that the City may not prohibit, regulate, or
33 charge for the collocation of small wireless facilities or micro wireless facilities in the public
34 rights-of-way, except as specified in the statute; and
35
36 WHEREAS, the City currently has regulations pertaining to such facilities within its
37 Code of Ordinances, specifically codified within Chapter 62, "Streets, Sidewalks and
38 Certain Other Public Places ," Article V, "Placement of Communication Facilities in Public
39 Rights-of-Way," Sections 62 -189 -62-206 that need to be evaluated in light of the new
40 law; and
41
42 WHEREAS, City staff has not had adequate time to evaluate the impacts or
43 address local issues that are presented by the new law and take action accordingly; and
44
45
46
Page 1 of 4
Ordinance 23, 2017
1 WHEREAS, the City has determined that it is in the best interest of the residents
2 of the City to protect the general public health, safety, and welfare by studying and
3 planning for this new technology, including how to best support this new technology and
4 address potential impacts on the quality of life for the surrounding community; and
5
6 WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the
7 City of Palm Beach Gardens as set forth at Article VIII, Section 2, of the Constitution of
8 the State of Florida, Chapter 166, Florida Statutes, and other applicable controlling law.
9
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
12 OF PALM BEACH GARDENS, FLORIDA, that:
13
14 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
15
16 SECTION 2. A temporary moratorium is hereby imposed on the submission and
17 processing of applications and any issuance of permits pertaining to collocation on
18 existing or the creation of new utility poles in the right-of-way to support small wireless
19 facilities or micro wireless facilities as referenced in Section 337.401, Florida Statutes,
20 within the corporate limits of the City of Palm Beach Gardens. While the temporary
21 moratorium is in effect, the City shall temporarily suspend all activities relating to
22 accepting, processing, or approving any application relating to the establishment or
23 operation of a small wireless facility or micro wireless facility as referenced in Section
24 337.401, Florida Statutes, in order for the City to have the time and opportunity necessary
25 to implement a framework of authorized regulation and fee structure as provided in the
26 newly enacted portions of Section 337.401, Florida Statutes.
27
28 SECTION 3. The City Council directs the City Manager to have the Planning and
29 Zoning Department staff and the City Attorney's Office initiate a review of the City's Code
30 of Ordinances, Chapter 62, "Streets, Sidewalks and Certain Other Public Places,"
31 specifically Article V, "Placement of Communication Facilities in Public Rights-of-Way" to
32 prepare a staff report containing recommendations as to the appropriate steps to best
33 support this new technology and address potential impacts on the quality of life for the
34 surrounding community, and to present such report to the Planning and Zoning Board for
35 its consideration and recommendation(s) to the City Council.
36
37 SECTION 4. The temporary moratorium set forth in this Ordinance shall take
38 effect immediately upon the effective date of this Ordinance and shall be terminated on
39 December 31, 2017. No applications for approvals subject to the moratorium will be
40 accepted by the City until the moratorium has expired.
41
42 SECTION 5. The temporary moratorium established in this Ordinance shall be
43 effective in the corporate and municipal boundaries of the City of Palm Beach Gardens.
44
45 SECTION 6. All ordinances or parts of ordinances in conflict be and the same are
46 hereby repealed.
Page 2 of 4
Ordinance 23, 2017
1 SECTION 7. 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 jurisdiction
3 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
4
5 SECTION 8. This Ordinance shall become effective immediately upon adoption .
6
7
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Ordinance 23, 2017
PASSED this '!fhday ot ~rnW , 2017, upon first reading.
PASSED AND ADOPTED this __ day of ______ , 2017, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY: -------------Maria G. Marino, Mayor
Mark T. Marciano, Vice Mayor
Carl Woods, Councilmember
Matthew Jay Lane, Councilmember
Rachelle A. Litt, Councilmember
ATTEST:
BY: -------------Patricia Snider, CMC , City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: -------------R. Max Lohman, City Attorney
FOR AGAINST ABSENT
G:\attorney_share\ORDINANCES\2017\0rdinance 23 2017 Wireless Infrastructure Moratorium.docx
Page 4 of 4
Subject/Agenda Item:
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 12, 2017
Resolution 71, 2017
Burwick Community Miscellaneous Public Hearing and Consideration for Approval: A
request from Double Eagle Construction for the Burwick Residential Community within the PGA
National Planned Community Development (PCD) to construct three new residential entry
signs. The community currently has no entry signs. The subject site is generally located within
PGA National, south of PGA Boulevard and east of Ryder Cup Boulevard .
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Planning Manager
p~
Development Compliance
and Zoning
Originating Dept.:
Planning & Zoning :
Project Manager
[X] Quasi -Judicia l
Finance:
A~
\
Tresh l Thomas
Funding Source:
Council Action:
] Approved
] Approved with
Condit ions
] Denied
] Continu ed to : __
[ ] Legislative [ ] Operating
f-[_X_J_P_u_b_lic_H_e_a_ri_ng _ ___, [X] Other NIA
Director of Planning and
Zanin
---.
Approved by:
City Manager
Advertised:
[X ] Required
[ ] Not Requ ired
Date: 9/27/2017
Paper : The Palm
Beach Post
[X] Not Requ ire d
Attachments:
Budget Acct.#: N/A • Development App licati on
• Location Map
Contract/Agreement: • Project Narrat ive
• Resolution 71 , 2017
Effective Date :
NIA
Exp irat ion Date :
N/A
SUBJECT REQUEST
Meeting Date: October 12, 2017
Resolution 71, 2017
Page 2 of 5
A request by Double Eagle Construction to receive approval for the construction of three
residential entry signs: one sign on Medalist Avenue; and the other two on Ryder Cup
Boulevard. The signs will be constructed of concrete and overlaid with neutral colored travertine
face with white oak country ledgestone columns. There are no existing community residential
entry signs. The three signs will allow for community identification and better wayfinding. Staff
is recommending approval.
BACKGROUND
On July 5, 1979, the City Council adopted Resolution 51, 1979 approving Plat Number 3, the
original approval for Burwick within PGA National PCD.
On September 19, 1985, the City Council adopted Resolution 36, 1985, amending Resolution
43, 1978, the original development order for PGA Resort Community, and approving roughly a
three-acre neighborhood park in Burwick along Tournament Boulevard.
On June 20, 1991, the City Council adopted Resolution 68, 1991 that executed the mylar of
the replat of Alnwick Road in Burwick, as created by Resolution 15, 1986. The replat was
recorded on June 26, 1991.
(The remainder of this page intentionally left blank)
........ ------------------------------------------------
LAND USE AND ZONING
Meeting Date: October 12, 2017
Resolution 71 , 2017
Page 3 of 5
The land-use designation of the subject site, as shown on the City's Future Land Use Map is
Residential Low (RL). The site has a zoning designation of Planned Community Development
(PCD). The land uses and zoning designation of the properties surrounding the subject site are
provided in the following table.
Subject Site
Burwick within PGA National PCD
North
Mirasol PCD
South
Villas of Burwick within PGA
National PCD
Club Cottages within PGA National
PCD
West
Marlwood Estates within PGA
National PCD
Golf Course (G)
Townhomes of Marlwood within
PGA National PCD
East
Planned Community Development (PCD)
Planned Community Development (PCD)
Overlay I Golf Digest Master Plan
Planned Community Development (PCD)
Planned Community Development (PCD)
Thurston within PGA National PCD Planned Community Development (PCD)
Villas of Thurston within PGA
National PCD
PROJECT DETAILS
Existing Site Details
Residential Low (RL)
Residential Low (RL)
Residential Medium (RM)
Residential Medium (RM)
Residential Low (RL)
Golf (G)
Residential Low (RL)
Residential Low (RL)
Residential Medium (RM)
The Burwick Residential Community is located within the PGA National PCD . It is generally
located south of PGA Boulevard , north of Tournament Boulevard , west of Medalist Avenue,
and east of Ryder Cup Boulevard. The community has seven residential pods containing 138
single-family lots with eight separate entrances. There are five entrances off of Ryder Cup
Boulevard and three off of Medalist Avenue. The community also contains one lot owned by
PGA Property Owners Association, Inc. and the internal area contains a golf course.
The community currently has no residential entry signs. The subject request is for three
Meeting Date: October 12, 2017
Resolution 71, 2017
Page 4 of 5
residential entry signs located at specific locations to provide for and improve community
identification and wayfinding for residents and visitors.
Signage
The signs are all proposed to be 5 feet 8 inches tall and 8 feet wide. The community name
"Burwick" is proposed to be dark bronze individual aluminum plate letters. The proposed letters
are 11.75 inches tall and have a total copy area of 4.5 square feet. The wall structure is flat
concrete with two columns on either end. The signs will have a neutral travertine face with white
oak country ledgestone columns. All of the signage design features, copy area, and
landscaping are consistent with the City Code requirements for residential entry signage. The
signs will be up-lit with 20-watt solar LED sign lights. The sign design utilizing neutral travertine
with ledgestone columns is consistent with the Golf Villa signs within PGA National and will
provide contrast between the sign face and the bronze letters. The white oak country
ledgestone is consistent with the sign design for the residential entry signs into PGA National
off of PGA Boulevard and Northlake Boulevard. This column appearance also matches the
ledgestone used on the southern guard house on Ryder Cup Boulevard off of Northlake
Boulevard. The dark bronze individual aluminum plate letters are consistent with the letters
used for "PGA National" on the entry sign on PGA Boulevard and Ryder Cup Boulevard, as
well as the two entry signs into PGA National onto Avenue of the Champions off of PGA
Boulevard.
The location of one sign is at the entrance of Ryder Cup Boulevard onto Alnwick Road; the
second sign is proposed near the lake south ofWycliff Road on Ryder Cup Boulevard; and the
third is proposed north of Burwick Park on Medalist Avenue. The proposed locations have been
strategically placed around the community to effectively encompass all of the residential pods.
The sign at Alnwick Road and Ryder Cup Boulevard will provide visibility from the entrance into
PGA National from PGA Boulevard. The sign near the lake will provide visibility of the southern
border of Burwick community off of Ryder Cup Boulevard. The sign near Burwick Park on
Medalist Avenue distinguishes the community from the directly adjacent Thurston community
within PGA National.
Landscaping
The landscaping proposed around each sign will include Green Island Ficus or llex Shilings
Dwarf Holly planted in three-foot-thick cypress mulch beds with Podocarpus plants flanking the
sign columns. The width of the landscaping is five feet in the front and five feet on the sides.
Each sign is proposed in an area that already has landscaping in the rear. The proposed
landscaping meets the required landscaping for residential entry signs, per Section 78-285 of
the City Code.
STAFF ANALYSIS
The Applicant is proposing three new residential entry feature ground signs to establish a sense
of place identification and wayfinding purposes for the Burwick community. Although the
community has eight entrances, the Burwick HOA is proposing only three signs. The proposed
location of the signs provide effective wayfinding and community identification without visually
Meeting Date: October 12, 2017
Resolution 71, 2017
Page 5 of 5
cluttering the community, which meets the intent of the City's Code. The three proposed
locations will assist residents and visitors in safely reaching their destinations. The locations of
the proposed residential entry signs being processed in accordance with Table 24 in Section
78-285 of the Land Development Regulations require that residential entry feature signs must
be approved by City Council.
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
On Thursday, March 2, 2017, the subject petition was reviewed by the DRC. At this time, all
technical certification comments relating to the project have been satisfied.
PLANNING, ZONING, AND APPEALS BOARD (PZAB)
On September 19, 2017, the PZAB recommended approval of the subject petition with a vote
of 5 to O with a recommendation to address the daytime visualization of the bronze letters over
the white oak country ledgestone with staff. The Applicant revised the sign design based on
the recommendation. The revised design utilizes a neutral travertine stone face and maintains
the white oak country ledgestone columns. The neutral travertine stone face provides for better
visualization of the sign letters during daytime and nighttime hours.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 71, 2017 as presented.
Request:
CITY OF PALM BEACH GARDE NS
D:¢VELOPMENT APPLICATIO N . , . . .
· Planning and Zonin g Department
1 CITY OF PALM BEA CH GARD ENS
10500 No rth Military Trail
' Palm Beach Gardens, FL 33410
fj6.l) 799-4243 Fax (561) 799-4281
OPJanned Community Development (PCD)
nPlann ed Unit Development (PUD)
l.lAmendment to PCD, PUD of Site Plan
nconditional Use
CAnnexation
r 1Rezoning
nsite Plan Review
[]Concurrency Certificate
D!jrie Extension
!Ja{vfiscellaneous
nAmendment to the Comprehrnsive Plan
nAdmi nistrative Approval :
nAdministrative Appeal COther I._ ·-.. . ..
Date Submitted : I
ProjectName; Baf?.WLC,1{ H-oA e.tJTR.'( S<C;,t\J'b ...
Owner: Bc2~uHc.K. ~ ff DA
App licant (if notOwner): Dovel6 f=A6,LE-U>N~{1{2uc,tDi) G(i!.oof' •
Applicant's Address:5t)(}3 S'f"AR.Bi.AU Df2. TelephoneNo. 5411 · 2,.7(p -/p lJ 3 l
· I
6£m..JActu,S , fl-33tl<P3
Age nt : h o~ UA fb ,.J . -?
Co ntact ;erso n: DDtlJ LA Fo ,J E-Mail: l)Dr-J€ toi>SLEEAtLe l.e>.t1s1·~v ,:nr;1J bea1.ir. ,::ii')y-, '
Age nt's Mailin g Ad dress : t.Jo (€G£e1 GR.. Dt..U2Ay /361\GH, FL 3:&t./l{.L./
i
Agent's Telep ho neNumber: ~ ( -2-7 fa -f.oO 3 I ---,.-----------------------
F R OFFICE USE ONLY
Petit ion Number: _____ _ Date & Time Received: _____ _
Fees Received
Ap plication$------------Engine-ering$·-=.===-------------
Re ceipt Nu mber: _______ _
Architect: ,J"ol-irJ A\JE.R tlA/YlP ----------------------------
Engineer:. ___ tJ.....;./ A ______ ......-_____________ _
Planner: N/A ___ _..:. ___ __;__ _________________ _
LandscapeArchitect: '[)Av'1b PoeTE I<
Site Information: Note: Petitioner shall submit electronic digital files of
approved projects. See attachment for details.
GeneralLocatlon: S£g. ATIACHl:'.D b LOC..ATlD,JS,
Address: ---------------------------
Section:-------T9wnship: -------Range:
PropertyControl Number(s}: __________________ --
i
Acreage: ____ Current Zqning: RequestedZoning: I -----
FI o o d Zone _____ Bas, Flood Elevation (BFE) -to be indicated on site plan. __ _
[
Current Comprehensive Plan Lard Use Designation_: --------~-------
Existing Land Use: Requested Land Use: ---------
Proposed Use(s) i.e. hotel,slnglrfamlly residence,etc.: -----
,
Proposed Square Footage by Us~:-------------------
'
ProposedNumberandType of o'welling Unlt(s) I.e. single family, multifamily, etc. (if applicable):
2
-. -·--·-·~
Justification
Information copcerning all requests (attach additional sheets if needed.)
{Section 78-46, ~pplication Procedures, Land Development Regulations .}
1. Explain the nature of the rriuest: BuR.tulCl:<6 COIY\MV~ IT'( tNTk!lE.S
ltflE D1-1 11/Jl!) t:>1 f'F£R.E.JJ-. "MA11.J 11 f<DAP~ AIJD OA)e: Of
!
two Assoc1AT1otJ§ 1'-1 P6A rJAT1orJA '-wrru. µo
\\~AIIJ'' /l.oAD$ A~ M8DAU.ST",9Mf> R.~DE:.R. C.OP BUJI).
2. What will be the impact of th~ proposed change on the surrounding area?
tJorJG
' . I
3. Describe how the rezoning re<1uest complies with the City's Vision Plan and the following elements
of the City's Comprehensive Blan -Future Land Use, Transportation, Housing, Infrastructure,
Coastal Management, Conserr' ations, Recreation and Open space,. Intergovernmental Coordination
and Capital Improvement. ,
s.l/A :
3
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 78-301, Land D~velopment Regulations)?
5. How will the proposed projecf comply with City requirements for Alt in Public Places (Chapter
78-261, Land Development R_pgulations)?
_N/JJ.; .
6. Has project received concurre,1cy certification?
I
fate R~ived~
Legrl Description of the Subject Property
: (Attach additional sheets if needed)
or see attached deed for legal description.
:';£€ ATTAGHGD 3 LDlAT10JJ5
Location
The subject property is _located f pproximately mlle(s) from the intersectlonof
I -----
----------' .on the! l northLJeast,OouthDwest side of ____ _
---------------(street/road).
4
j
Statementof Ownership and Designationc>f AuthorizedAgmt ·
Before me, the un~ersigned authority, perso~1a1ly appeared -JACll, f/UbHcS
I who, being by me first duly sworn, on oath deposed and says: ----------!
1. That he/she is the fee simple title owner of the property described in the attached
Legal Description.
2. That he/she is requesf~~g Ttt/2.fE E:JuTB y .Sl61U S fo R HDA . in the
City of Palm Beach f ardens, Florida.
I
3. Tllat he/she has appo~nted b,rJ LA fDN / l)D cJ e,t..( E;o6c.& a,,Js,-to act
as authorized agent Q!l his/her behalf to accomp1ish the above project. .
s· atureof Owner
~ O lA/Jb fv(AtJ~e,t.J-r'
113/,,o JS , .J"O(:::, /2.0
I
Street Address
P.O. Box
!:Joi . b2.,; '"00 30
TelephoneNumber
E-mail Address
By: Namemtle
~B-6A~PE-+!$, FL ~si./,1tg
City, State, Zip Code
City, State, Zip Code
Fax Number
rJ/Jt7
.. ,'if.,frt, MARSHAL ADLER g:f J;;,.~ /~ MY COMMISSIO~ I FF 107674
..
--------_ Jf.~W EXPIRES: Apnl 18, 2018 '•,':¥,',ff.,n'f--' --Bonded Tffru Nota.yPubllc Underwriters-1-------
5
Applicant's Certification
I/We affinn and certify that I/we q~derstand and wiJI comply with the land development regulations of
the City of Palm Beach Gardens, florid a. 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 applicatipn, attachments, and application filing fees become a part of the
official records of the City of Pal111 Beach Gardens, Florida, and are not returnable.
Applicant is:
[iZowner
r1 Optionee
r i Lessee
n Agent
r · Contract Purchaser
~~~ Sigafureof lJant°'
tJACl< t-ltJ&~s., PW, &gw,~ HoA
Print Name of Applicant
l/D LA/Jr,,,, hlftµAlo&l/l/E:N"l
Hzi;a ~. J~ R. D
Street Address
P. B. loA R.Pe: rJ .s:. Fl. 3stf, l
City, State, Zip Code
TelephoneNumber
5b I ., &,Z/5, tol,.Zla
Fax Number
E-Mail Address
,.
1,•,r,~ • . , . ... " ...... ,• ·~ .:-......
.•
·~· ,,;. .. ·:.
6
I
I
!
Palm Beach Gardens Planning and Zoning Department
10500 Norlh Military Ttail, 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 lhterest-bearing account with any accrued interest to be retained by the
City of Palm Beach Gardens.
The owner and/or deslgnee shalJ 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-lmbursement purposes. All activities related
to the pending permit(s) will cease until any outstanding invoices are paid.
The owner/deslgnee further understands that tr~nsfer 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.
J. Jd:Ubtl€5i P/2£$,. 0V/2uJIC/.( tfDA
Owner printed name
DESIGNEE/BILL TO:
62RhHCK, HDA
NOTARY ACKNOWLEDGEMENT
STATE OF
f,"Zd-11
Date
6Zt.f '2. tl2. e>'JO tt?O f OOOD
62 c.f2L#'2. Jec!:> Lba."3,W)b
Property Control Number
!edged before me this i~r.b~IJ--A't--
~""""'"'C..::,,"----==~~+---· He or sh s personally known
~------------'~---as lc;lentiflcatio .,_, -------,
-----------if},.....~
11
~rinted-name --
State of f1I\,{ ~ at-large
----·----
"
Location Map of Burwick Within PGA National PCD
401 Egret Circle, Delray Beach, FL 33444
Phone: 561-276-6031 Fax: 561-330-9989
To: CITY OF PALM BEACH GARDENS -PERMITTING
Re: ATTACHMENT TO APPLICATION FOR COMMUNITY ENTRY SIGNS
BURWICK HOA
CGC055117
Burwick HOA is requesting to install community identification signs at three locations (ie two on
Ryder Cup Blvd and one on Medalist). This is one of two communities within PGA National
without signs showing the community name which leads to confusion. Compounding the
problem, there are five streets on Ryder Cup Blvd and three streets on Medalist that result in
entry to the Burwick HOA community. A map hi-lighting these streets is attached so you can
better understand the importance of identify this as one community.
Page two of the attached application requests the general location, PCNs and information and
Page 4 asks for the intersecting streets. We have addressed those points as follows:
On the east side of Ryder Cup Blvd, one sign is to be placed south of Wycliff near the lake
bank immediately north of the Villas of Burwick boundary (PCN 52424209010120010) and a
second sign will also be on the east side of Ryder Cup Blvd, just south of Alnwick Road (PCN
for both of these is 52424209010010000). The third sign will be placed on the west side of
Medalist, north of Tournament Blvd, by the northeast corner of Burwick Park (PCN
5242420901016000).
Thank you, as always, for your assistance in expediting this request. Please call us if additional
information is needed.
1 RESOLUTION 71, 2017
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA, APPROVING A MISCELLANEOUS
6 AMENDMENT TO ALLOW THREE RESIDENTIAL ENTRY SIGNS
7 FOR THE BURWICK RESIDENTIAL COMMUNITY WITHIN THE PGA
8 NATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD),
9 LOCATED SOUTH OF PGA BOULEVARD AND EAST OF RYDER
10 CUP BOULEVARD, AS MORE PARTICULARLY DESCRIBED
11 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING
12 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
13
14
15 WHEREAS, the City Council, as the governing body of the City of Palm Beach
16 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166 , Florida
17 Statutes, and the City's Land Development Regulations , is authorized and empowered to
18 consider petitions related to zoning and land development orders; and
19
20 WHEREAS, on July 5, 1979 , the City Council adopted Resolution 51 , 1979,
21 approving Plat Number 3; and
22
23 WHEREAS, on September 19, 1985, the City Council adopted Resolution 36 ,
24 1985, approving a three-acre neighborhood park in the Burwick community; and
25
26 WHEREAS, on June 20 , 1991 , the City Council adopted Resolution 68, 1991,
27 executing the Mylar of the replat of Alnwick Road in the Burwick community; and
28
29 WHEREAS, the subject site has the future land-use designation of Residential Low
30 (RL) and a Planned Community Development (PCD) zoning designation; and
31
32 WHEREAS, the Planning and Zoning Department has reviewed the application,
33 has determined that it is sufficient and consistent with the City's Comprehensive Plan and
34 Land Development Regulations, and has recommended approval ; and
35
36 WHEREAS, the Planning, Zoning , and Appeals Board reviewed the subject
37 petition at its September 19, 2017, meeting and recommended approval of the subject
38 petition by a vote of 5 to O; and
39
40 WHEREAS, the City Council deems approval of this Resolution to be in the best
41 interest of the health , safety, and welfare of the residents and citizens of the City of Palm
42 Beach Gardens and the public at large.
43
44
45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
46 OF PALM BEACH GARDENS, FLORIDA, that:
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Resolution 71, 2017
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The miscellaneous amendment is hereby APPROVED for the
following described real property to allow three residential entry signs within the Burwick
Residential Community within the PGA National Planned Community Development (PCD),
subject to the conditions of approval contained herein, that are in addition to the general
requirements otherwise provided by resolution for the real property described as follows:
LEGAL DESCRIPTION:
PGA COMMUNITY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 37, PAGES 170-182 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE, LYING, AND BEING IN PALM BEACH COUNTY, FLORIDA,
SUBJECT TO ALL PERTINENT MATTERS OF RECORD.
CONTAINING IN ALL 116.0283 ACRES, MORE OR LESS.
SECTION 3. All applicable previously approved conditions of approval for the
PGA National Planned Community Development (PCD) shall remain in full force and
effect.
SECTION 4. This approval is subject to the following conditions, which shall be
the responsibility of and binding upon the Applicant, its successors, or assigns:
PLANNING AND ZONING
1. Prior to the issuance of a Certificate of Completion for each sign, an inspection
from Development Compliance is required. (Planning and Zoning)
2. Prior to the issuance of a Certificate of Completion for each sign, all the
landscaping and irrigation shall be completed and accepted by City staff.
(Forestry)
3. Prior to the issuance of the building permit, the Applicant shall provide a copy of
the authorization permit from Northern Palm Beach County Improvement District
for the two signs located on Northern Palm Beach County Improvement District-
owned land. The permit shall reference the approved plans. (Planning and
Zoning)
SECTION 5. This petition is approved subject to strict compliance with the Exhibits
listed below, which are attached hereto and made a part hereof as Exhibit "A":
1. Conceptual design letters on wall area, Page 1, prepared by Mark Gregory, dated
July 10, 2015, and revised on August 11, 2017.
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Resolution 71 , 2017
2. Conceptual design letters on wall area, Page 2, prepared by Mark Gregory, dated
July 10, 2015, and revised on July 10, 2017 .
3. Burwick HOA Monument Identification Signs, Sheet AS-1 , prepared by David
Porter Associates-Architects, dated September 29, 2017 .
4. Medalist Park Proposed Sign, Special Purpose Survey, prepared by RPB
Consulting, Inc., dated April 9, 2015, and revised on April 13, 2016.
5. Burwick Lake Proposed Sign, Special Purpose Survey, prepared by RPB
Consulting, Inc., dated April 9, 2015, and revised on April 13, 2016.
6. Alnwick Road Proposed Sign, Special Purpose Survey, prepared by RPB
Consulting, Inc., dated April 9, 2015, and revised on April 13, 2016.
SECTION 6. All representations made by the Applicant or the Applicant's agent at
any public hearing regarding this application are specifically incorporated herein, and this
approval is granted subject to same.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
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Resolution 71, 2017
PASSED AND ADOPTED this __ day of _______ , 2017.
ATTEST:
BY: ------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ------------R. Max Lohman, City Attorney
VOTE:
MAYOR MARINO
VICE MAYOR MARCIANO
COUNCILMEMBER WOODS
COUNCILMEMBER LANE
COUNCILMEMBER LITI
CITY OF PALM BEACH GARDENS, FLORIDA
BY: ---------------Maria G. Marino, Mayor
AYE NAY ABSENT
G:\attomey_share\RESOLUTIONS\2017\Resolution 71 2017 -Burwick Entry Signs.docx
Page 4 of 4
Resolution 71, 2017
EXHIBIT "A"
.. .,._ ...
TILE OR CUT STONE BACK FIELD B
.. ..
CX) ..
LO
... ...
0 ...
LO
.Sign Area calculations
8'0"
5'0"
4'6"
I 11.75"
. 54" x 11.75" = 634.5 SI/ 144 = 4.5 SF {rounded)
, , ,
I
. -
PRELIMINARY DESIGN FOR CUSTOMERAPPRO\IAL _
COLORS CUSTOMER:
Aluminum Plate Letters LOCATION·
Sign Specialist · Bronze Tone CONTACT:
Mark Gregory ES 12 -001050
561-716-4531 PHONE/ FAX:
Please review your Name
text & spelling---This is the
way it will appear on the
finished product
gregorymg1@aol.com EMAIL: ------------------
. · Approved By : DATE
ARTWORK SHOWN IS PROPERTY OF MG CONCEPTS LLC UNAUTHORIZED USE OR REPRODUCTION WILL RESULT IN LEGAL ACTIONS. EXACT COLORS OF THE MATERIALS USED MAY NOT BE CORRECTLY REPRES ENTED, DUE TO VARIATIONS IN PRINTERS & INKS.
SCALE NTS
DATE 7/1 0/15
REVISED 8/11 /17
DRAWIN G NO.
PGA • Burwic k
~urwici .._....
--; ·f...,.-j -\.
PRELIMINARYDESIGNFORCUSTOMERAPPROVAL i-'_ .' _ _ . -__ _
Mark Gregory ES 12 -001050
Sign Specialist
561-716-4531
gregorymg1@aol.com
COLORS
Aluminum Plate Letters
Bronze Tone
CUSTOMER:
LOCATION:
CONTACT:
PHONE/ FAX:
EMAIL:
Please review your Name
text & spelling---This Is the
way it will appear on the
finished product
------------------Approved By: DATE
ARTWORK SHOWN IS PROPERTY OF MG CONCEPTS LLC UNAUTHORIZED USE OR REPRODUCTION WILL RESULT IN LEGAL ACTIONS. EXACT COLORS OF THE MATERIALS USED MAY NOT BE CORRECTLY REPRESENTED, DUE TO VARIATIONS IN PRINTERS & INKS.
~ NTS
Qfil 7/10/15
REVISED 7 /10/17
DRAWING NO.
PGA -Burwick
PAG E 2
PROPOSED
.~e::'.k.----\---1=-~~--+-MONUMENT
SIGN
North MEDALIST PA~K
~ ~ SITE PLAN 1
W ~1--20'-0''
1
SI.IIM!YIWO.l'1lO"laDBY, \
R1'tJ &CHSILTMTS ~ 64/-1466 \
LO PHOTO OF MEDALIST PARK SIGN LOCATION
~ N0SCAL£
~ LANDSCAPE PLAN @
NEW MONUMENT SIGN
w 1/4" = 1'-0''
LD PHOTO OF ALNWICK SIGN LOCATION
~N0SCAL£
TRACT 'L-2'
~ P'CA RCsc:»tT CCMIUNTY Pl.AT NO. l 8 FIL.AT BOOK 37, PAOCS 170-1!2
~ ~ 8UR'MCK LAKE
1North BURWICK LAKE I~ ~ SITE PLAN
I W ~ r·=20·-o-
~ PHOTO OF BURWICK LAKE SIGN LOCATION
~N0SCAL£
--.,.--1-----Cast sto ne cap
"'--~-Tiled backg roun d
_,...-=--Deco rativ e stone
BURWICK HOA
Monument
Identi fication
Signs
:=..~i.-
Rljdor'4!>ct-J..ab
.._ .. . """"" ---IIEIUHS r = 2Cf-o-
LOCAIICIN PHOrol
No Sccclo
V'4-• T-<Y'
~ . ..._. :&='·~--~AUST PARK
--:..t,v.wrT,SIOIIIDESISN -Plol ~ 1112W17 ---
AS-1
LOT 93
PGA RESORT COt.iMUNJTY PLAT NO. 3
PLAT BOOK 37, PAGES 170-182
10P OF COLUMN
ELE.V-+5'8"
(A8CWE EXISIINC)
TOP OF M..I.
ELE.V -+ s·
("80Y£ ElCl$IING)
. : .· .... . . .... .... :..: __ __. .,......:-..... 4-----• ---~~:· '•""i'•••-,r·......,..~ --·
TRACT 'P'
PGA RESORT COMMUNllY PLAT NO. 3
PLAT BOOK Yl, PAGES 170-182
BURWICK PARK
' ' ' ' \
\
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MEDALIST PARK PROPOSED SIGN
Burwick at
PGA Resort
Community
·-.. -
SURVEl'OR'S NOTES:
1. THIS SURVEY IS BASED ON THE FOl.1.0WING REFERENCE,
"l'lAT OF P.G.A. RESORT COMMUNITY PLAT NO. J", AS RECORDED IN P\JJ BOOK
37, PN:ES 170-1112 OF 1liE PUIIUC RECORDS OF P..u.1 BEAClf COUN1Y, FI.OA!°'-
2. BEARING BASIS; SOUTii 11"14105"' rAST AI..ONG THE E'AST LINE OF 1'RACT "P',
AS MONUMENTm AND SHOWN HEREON, PER REFERENCED RECORO P!AT.
3. THIS SPECW. PURPOSE SURVEY DOES NOT REPRESENT ,.. SKETCH OF BOUNtl'.RY BOUNDAR'!' SURVEY.
4. DATE OF LAST f1EI.D DATA AQUISl110N: ~25-16, flEUJBOOI( 78, PACE 21.
5. SYMBOIS SHOWN HEREON ARE NOT D-TO SCALE.
I. EASEMENTS AS SHoWN ME PER P\JJ 1M.ESS NO'IED OTHERWISE.
7, THIS SURVEY IS INTENDED FOR THE SOU: USE OF THE BURWICK HOMEOWNERS
.-ssocs.\TION, INC. FOR SIGN PERMmlNC N10 CONS1RIJCT10N ONLY AND IS NOT VAIJQ FOR ANY OTHER PURPOSE.
L RPB CONSUl.11NC; INC. HER£IIY LIMITS ll"S I..WIIUTY ON THIS SURVEY TO THE
LIMIT OF rrs CURR[NT ERRORS AND OWISSIONS INSURANCE POIJCY.
I. THIS SURVEY OR ANY PORTIOOI THEREOF IS NOT TO BE REPRODUCED IN ANY
FORM WIIHOUT THE EXPRESSED WRITTEN PE!IWISSlON OF RPB CONSULTING, INC.
10. 1ltlS SURIIEY W"5 PIIE'ARED Wl1llOIIT THE IIENEf!r OF ,.. Till£ REPORT: TH8!E
MAY BE IIAT1ERS OF RECORD PERTINENT TO THIS PROP£RIY llW ME. NOT SHOWN HEREON.
~ 0 ~ ~ ~ ~-...... ·-------~1 ____ 1"----=,1 ,~~. -I I
Scale 1" 20'
llESCRJP110N: (FOR UlC4110N PURPOSES ONLY)
TRM:T 'pl' OF °PG,, COUMIIJNIIY P\JJ NO. "S', ACCORDING TO THE PUT THEREOF,
AS 11ECORDED II PlAT BOOK 37, PACES 170-182 OF TNE PU8UC R£CORDs OF PAUi 11EAC11 COUNIY, FI.ORlllA.
SAID lNIDS 9l1.WE. L'IINC AND 9BNC IN PAUi IIEACK COUNTY, ~
SUBJECT TO AU. PERnNENr MAl18IS OF RECORD.
GDlll'IED lll:
81--=ic HGIBM-.-.c:M1IGII, INC.
Speclal Purpose
Survey
-<: ,,&r .1<-
DATE
•• _ 8PB CONSULTING, INC.
FLORIDA .... LB. No. 7022
--!
• I
\ BURWICK LAKE PROPOSED SIGN
TOP Of COWIIN
ELEV • + 5·a·
(ABCNE ElCISIING)
\
\ ~ o.
'ir
~
'\\ \
\ \ \\
\
TOP OF WAil.
El.£V -+ 5•
(AIIDYE EXISIM)
\
~~
\
\
\
\
\
PGA RESORT COMMUNITY PLAT NO. 3
PLAT BOOK 'ST, PAGES 170-182
TRACT 'L-2'
PGA RESORT COMMUNITY PLAT NO. 3
PLAT BOOK 37, PAGES 170-182
BURWICK LAKE
VIUAS OF BURWICK REPLAT
PLAT BOOK 41, PAGE 186
. 1tn•1s CC01DS1PltB1a9, i1oc.
D£CICED ....!!!:L µ:! j:::::::;::!====;;;;;;;::;;;;;:;::;;;;;;;;;;;;:=====:+=::;;;;;;;:=11==::;;;;:::=1 Land Surveying and Mapping
Burwick at
PGA Resort
Community 1 4-1>-II ADDIII WALL ntYAllCNS JNJD ltl"II 436 Flotilla Rood. Wlage of North Palm Beach, Florido 33408
JrCl DATE REYISDf f'E..D IOOC PACE: APP1> IIT Phone: 5151 841-7465 Emal: bsurve • mal.com
SUR'IEYOR'S NOTES:
1, 1IIS SURVEY IS BASED ON THE FOUDWINQ RIJ'ER£NC£:
"PIN 01 P.G.A. RESORT CCIIIMIHT'f Pl.AT NO. 3•, AS R£CCRIJED N Pl.AT BOOK
'ST, PN.ES 170-1112 Of THE PIJBIJC RECORDS OF PH.M EACH COUNTY, FU1R1DA.
2. -BASIS: NORl11 13"24'oo" £AST IIElWEEN A FOUND P£IIMANEll1' REFDIENCE
MONUMENT NCI A FOUND 5/5" IRON ROO AT PROPERIY CCIRN£RS AS SHDMI PER
REFERENCED Pl.AT.
3. TlilS Sl'ECW. PURPOSE AS-BUILT SURVE:t DOES NOT REPRESENr A Sl<ETCH OF
BOUNDARY SURVEY.
4. DATE OF LAST FELD DATA MlUISlllON: 1-<J!J-111.
5. SYMBOLS SHOWN HEREON ARE NOT DRAWN TO SCALE.
I. rASEMOOS /lS SHOWN ARE PER Pl.AT UNl.£SS NOTED Oll<ERWISE.
7. lHIS SURVEY IS INIDUlED FOR THE SOLE USE OF THE BURWICK HOMEOWNERS
ASSOCIATION. INC. FOR SICN PERMITTlNG AND CONSTRUCTION ONLY AND IS NOT
V.oLJD FOR ANY OTHER Plff'DSE.
I. RPB COHS1A.11NG, INC. HEREBY LIMITS IT"S I.Wlft.JTY ON TlilS SURVEY 10 Tit£
LIMIT OF IT"S CURRENT ERRORS AND 01,IISSIONS INSURANCE POUCV.
9. THIS SUINEY OR ANY PORTION lHEREOF" IS NOT TO BE REPRODUCED IN ANY
FORM WITHOUT THE EXPR(SSEO WRITTD< PERMISSION Of RPS CONSULTING. NC.
10. 1IIS SURVEY WAS PREPARED Wl1HOUT lHE BENEFIT OF A TITlE REPORT; 1HERE
MAY BE IIAT1BIS Of RECORD PERTINENT 10 lHIS PROPERTY lHAT ARE NOT SHOWN
HEREON.
20 40 60
f &&e+f :; ,•-& &rl
Scale 1 " 20·
OESCRIPTICN: (fCR LOCATION PURPOSES ONLY)
TRACT 'p' OF "PGA COUIAIUlll1Y Pl.AT NO. 3", ACCORDING TO THE Pl.AT 'IH£REDF,
AS RECORDED II PlAT BODI( 'ST, PACO 170-112 Of TH£ PUBLIC RECORDS OF
PH.M IIEM:H COUKIY, FlORlllA.
SAID LANDS SITUATE, LYING AND BEING IN PM.M BEACH COUNTY, FLORIDA.
SUBJECT TO AU. PERTINENT MATTERS OF RECIRI.
BY:---~~--.!l.;ild_k
FOR THE FIRM: 04TE
R0B£RT P. IIIA5ZrK
l'IIOfESSIDIW. SUR\ID'OR It llolPPER RPB CONSUI.T1HG, lie.
STAT£ OF' FI.ORIIA REG. ND. 4133 fUlRlllA LB. No. 7022
Special Purpose
Survey
ALNWICK ROAD PROPOSED SIGN
GRAEMOOR TERRACE
1--_BQ'.. --gl
GUAROHO SE
\~
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ol"' 0::: •N ~ ~~
~ 3R ...1,a..-~,~::l CD !5 ~
0. j . ...., o" ...., <.>,.,
(.) >c:
ffi1'jg 0 ~5 ~ ~Q.
a.
I
NOTE:
LINE OF SIGHT NOT I IMPEDED BY SIGN --
LOCATION
I
I
<II
• FOIMOPEJIMAND<T
ALNWICK ROAD COll11IOI. POllr 1 t:-------_ "~•rw ·
PGA RESORT COMMUNllY P~ (SIS~ 58UB' ll£ASUIIED)'1
PlAT BOOK 37, PAGES 170-182
50' RIGHT-OF-WAY
S 88"33'46" E ·
124.22' .f, '"' .. ~ ,./~~-/ ----.--------
1.2'
/
(
I
I
I
I
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0
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8
COIIIMON /111.rA
REPLAT OF PORTIONS OF GRAEMOOR TERRACE
TERRACE ANO ALNWICK ROAD
PLAT BOOK 68, PAGE 27
S 89"33'45" E
14S.31'
TRACT 'G'
PGA RESORT COMMUNITY PlAT NO. 3
PlAT BOOK Yl, PAGES 170-162
1 O' lITIUTY ANO ACCESS
CONTROL E"ASEMENT
TOP OF COLIJMN
E1LV -+ s·a·
(.IIIOVE EXlSTINC)
Lu.--~--------t----+---f at II" 1s ~ o na s III B ta 11B s, a11 v.
IMCl<ED...!a. 1-Ll---.._.---------------t-----t----t Land Surveying and Mapping
Burwick at
PGA Resort
Community L!.U4-,!all-!;:!!"---4----=-=-=~~SIOND.EV~·:::""""=------1-:..,.=-::===:-:,c-:.-=+--c-=";,°c-.8Y=---i ~~o:•s:;'°'i~~~ Df N~al:Pal~,!:d,· non:.~ ND. DA1E "'"' -.
SURVEYOll°S NOTES:
1. TMIS SVIM:Y IS BASEi) ON 1HE FOU.OWINC REFEROICE:
0 1'1.AT or P .GA RESORT COIIIIUNITY PLAT NO. 3 °, />S l'ECORCED IN PLAT BOOK
~. PAGES 170-182 OF TME PUBUC RECOROS or PAUi BEACH COUNTY, ru,-
2. IIENl1NC 8"515: NORTH 88"33°-415° WEST ..u>NG TM£ CENTERUNE OF ..urMCJ< ROAD
/>S MON\JMOOUl NIO SHOWN HEREON. PER RUDIENCEO RECORD PLAT.
l. nus SPECIAi. PURPOSE AS-l!UU SURVEY DOES NOT R£PRESEIIT ,. Sl<ETCH OF
BDUNOIJIY SURVEY.
4. MT£ OF LAST AW> 0.0.T" AllUISIT10N: 3-22-18, FlEl.DIIOOK 711. PAGE 27
5. SYMIIOI.S SHOWN HEREON NIE NCJT DRAWN TO SCALE.
I. £!.SOAOOS />S SHOWN NIE PER P!J.T UNLESS NOTED 01H£RW1SE.
7. lHIS SVRVEY IS INTOIOED FOR THE SOU: USE or TM£ BURWICK HDIIEOWN ERS
"5SOCIATION. INC. FOR SIGN PERMIT11NC ANO CONSTRUCTION ONl Y NIO IS NOT VALID FOR AHr OlHER PURPOSE.
•• RPB CONSIJLTINC. INC. HEREBY UMns It's u.auTY ON lHIS SURVO" TO TM£
LIMIT DF rrs CURRENT ERRORS Al«J OMISSIONS INSURANCE POUc:Y.
9 . THIS SURVf:Y OR /\NY PORTION T>iEREOF IS NOT TO BE REPROOUCfD IN INf
FORM WllliOLIT TH£ EXPRESSED WRITT£N POIMISSION OF RP9 CONSUL11<G, NC.
10. ntS SUMY "'5 PIIEPARED WITltOIIT THE BOIEFTT OF A mu: RO'ORT; 1HER£
MAY 8£ W.TTERS OF RECORD P£RT1NENT lO THIS PROP£R1Y 11W NI£ HOT SHOWN
HEREDN.
m
Scale
20
-E
1 " =
DCiCRIPn;N: ('Dlt 1..0CATlON PUV'OSES ONLY)
40 60 ,
£9 d
20'
RYDER OJI' IIOULVNID' OF ._ COUMMUNTT PLAT NO. l", ACQlRCIIC TO ~
PlAT 1liER£DF, />S R£CCIAIXD IN !'\AT l!OCI( ~. PM:ES 170-182 DF THE PUBU:
RECORDS OF PAUi BDCH COUNTY. FLORID,>,.
SAID LANDS SIIUAJ£. l\'lNG ANO ll£1NC 14 PAUi B£ACH COUNIY, fLCRIDA.
SUBJECT TO AU. P£RT1NfNT MATTEIIS OF' RECORD.
BY,----2!:t._/_• -
FOR THE FIRM:
ROIIERT P. lllASZ'l1<
PROfESSIDNN.. SIIIVETOR I< IW'l'ER
ST"TE OF nDRIII'-REC.. NO. 4 133
Special Purpose
Survey
=._J_./'"t:,-/f.,,
°"1[
RPB CONSUi.TiNG, INC.
F\.CRID4 LL No. 7022
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 12, 2017
Resolution 68, 2017
Subject/Agenda Item: Appointment of Regular and Alternate Members to the Art in Public
Places (AIPP) Advisory Board .
[X] Recommendation to APPROVE
[ ] Recommencta'tion to DENY
Reviewed by: Originating Dept.:
Planning & Zoning:
Project Manager
~~.AICP
Senior Planner
Finance:
Accountant
NIA
Tresha Thomas
Fees Paid: NIA
Development Compliance
NIA 1-----------~ Funding Source:
Bahareh Wolfs, AICP
Approved By:
] Quasi -Judicial
] Legislative
) Public Hearing
[ ] Operating
[] Other NIA
Budget Acct.#:
.----------~ NIA
Advertised:
[ ] Required
[X] Not Required
Affected parties:
[ ] Notified
[X] Not Required
Contract/Agreement:
Effective Date:
N/A
Expiration Date:
NIA
Council Action:
] Approval
] Approved with
Conditions
] Denial
] Continued
to : __
Attachments:
• Resolution 68,
2017
-Exhibit "A":
Re-appointments
-Exhibit "B":
Attendance
Records and
Applications
..
BACKGROUND:
Meeting Date: October 12, 2017
Resolution 68, 2017
Page 2 of 2
The purpose, powers, and duties of the Art in Public Places (AIPP) Advisory Board is to
promote g·reater public participation in, and access to, arts and culture in the City and to make
recommendations to the City Council to implement the AIPP regulations, including site and .
artwork selection and review of artist(s) and artwork(s) commissioned or purchased by the City.
The following table below provides a summary of the Art in Public Places Advisory Board's
current composition, re-appointments, expiring terms, applicants, and vacancies .
Regular Board Member Term Expires Ellglble for re-
aooolntment
Marci Bulitt September 30, 2017 X
Vincent Cassanetti September 30 2017 X
Robert Koo September 30, 2018 n/a
Ilene Gerber September 30 , 2018 n/a
Amy Mauser September 30, 2017 X
Sarah McCarthy September 30 , 2017 X
Charles Millar-Chair September 30, 2017 X
X indicates eligible for re-appointment
Effective October 2017, five regular members are eligible for re-appointment.
Notice of the vacancies was posted at City Hall and on the City website. There were no
applications submitted to the City after the postings. Currently, there are two applications on
file that have AIPP Board only checked, and nine that have checked multiple boards, including
AIPP. These are attached for your review.
1. Robin Deaton
2. Michael Richard
3. Lynn Ciccone
4. Natalie Ceparano
5. Jason Cudnik
6. Taylor Ewer
7. Ramona Bean
8. Gail Coppage
9. Christopher Oftedal
10. Jason Moraes
11. Chelsea Reed
Currently, there are no alternates on the Board.
In accordance with Section 2-108 of the City's Code of Ordinances, whenever possible,
appointments shall be made by the City Council based on experience and interest in arts and
cultural issues in the City, and shall , whenever possible, include persons who have professional
expertise or substantial volunteer involvement in visual performing or literary arts, arts and
cultural institution management, or education.
STAFF RECOMMENDATION: Staff recommends APPROVAL of Resolution 68, 2017 as
presented.
1
2
3 RESOLUTION 68, 2017
4
5
6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
7 BEACH GARDENS, FLORIDA, APPROVING THE APPOINTMENT OF
8 REGULAR AND AL TERNA TE MEMBERS TO THE ART IN PUBLIC
9 PLACES ADVISORY BOARD; PROVIDING AN EFFECTIVE DATE;
10 AND FOR OTHER PURPOSES.
11
12
13 WHEREAS, Section 2-108, Code of Ordinances provides for the Board to be
14 comprised of seven regular members and two alternate members; and
15
16 WHEREAS, as of October 2017, there are five regular members eligible for
17 reappointment and two alternate vacancies; and
18
19 WHEREAS, notice of the vacancies has been posted at City Hall and on the City
20 website; and
21
22 WHEREAS, the City Clerk has collected applications of all interested persons who
23 wish to serve as members of the Board , along with attendance records of the current
24 members, which are attached hereto as Exhibit "B"; and
25
26 WHEREAS, the City Council deems approval of this Resolution to be in the best
27 interest of the health , safety, and welfare of the residents and citizens of the City of Palm
28 Beach Gardens and the public at large.
29
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
32 OF PALM BEACH GARDENS, FLORIDA, that:
33
34 SECTION 1. The foregoing recitals are hereby affirmed and ratified .
35
36 SECTION 2. The City Council hereby approves the appointment of regular and
37 alternate members to the Art in Public Places Advisory Board , as set forth in Exhibit "A",
38 attached hereto.
39
40 SECTION 3. This Resolution shall become effective immediately upon adoption .
41
42
43
44
45
46
Page 1 of 2
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Resolution 68, 2017
PASSED AND ADOPTED this __ day of _______ , 2017.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: ---------------Maria G. Marino, Mayor
ATTEST:
BY: ------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ------------R. Max Lohman, City Attorney
VOTE:
MAYOR MARINO
VICE MAYOR MARCIANO
COUNCILMEMBER WOODS
COUNCILMEMBER LANE
COUNCILMEMBER LITT
AYE NAY ABSENT
G :\attomey_share\RESOLUTIONS\2017\Resolution 68 2017 -AIPP Appointments .docx
Page 2 of 2
EXHIBIT "A"
Regular Member(s)
Alternate Member( s)
Resolution 68 , 2017
Expiring on 9/30/19
Expiring on 9/30/19
Expiring on 9/30/19
Expiring on 9/30/19
Expiring on 9/30/19
First Alternate
Second Alternate
Resolution 68, 2017
EXHIBIT "B"
Art. P l>I" Pl 1n U_ -IC aces Ad . VISOry B d 2017 oar
7/18/2017 (not regularly scheduled
date: 10/18/16 01/17/17 meeting
1st quarter 2nd quarter 3rd quarter 4t h quarter
~
Per Ordinance 14, 2017 board
and committees no longer have
Council Ualeon -Eric Jablln p A Council Liasions
S1aff Ualaon -Dawn 8onnebom p p p
Altamata Staff Lialeon • -
2016-2017
Board Members
Charles Millar (Chair) p p p
Robert Koo (Vice Chair) A p p
Vincent Cassanetti (Reaular Member) p p p
Ilene Gerber (Regular Member) Excused absence (see note in
p A file)
Marci Bulitt {Reaular Member) p p Late
Amy Mauser (Regular Member) Excused Absence (Per
A p Ordinance 14 ,2017)
Sarah McCarthy (Regular Member) Excused Absence ((1st
p A Ordinance 14 ,2017)
Vacant (1st Alternate) -
Vacant (2nd Alternate)
P • Present
A•Absent .. ~ R • Resigned ' ! ~
NM • No Meeting ! ! " !! a :, a a 'O a € C•Cancelled ii C: "E! 0 :c :, NQ•No Quorum i.: ! 0 ... ...
NAM • Not II Member
Excuaed Absence: Subpoena, lllneH, Jury Duty
City of Palm Beach Gardens Boar
Application
lease Note: Pursuant to FS 119.07 the information provided in
this application Is considered to be public record,
except as provided by law.
Last Name: First Name: MI: Nickname, if preferred: pea..----ton----,r.,,.,,...~_n _____ 10_1 ____ )
Address: City: state: Zip:
, ... 1-38-Bent--T-ree-Driv--e----------, ,Palm Beach Gardens ,,-F-lo-n-.d-a---,, ... 3-34_1_8--~
Home Phone: Work Phone: Cell Phone: Email Address:
________ ___.I ~I ________ .... ! _js_a1_-_31_9-_1_1_2_a _____ j j,..ms-.rd-ea-ton_@_yaho--o-.co-m-------.
Years of Residency: D Secondary Email Address:
Preferred Means of Contact: I_Em __ a1_1 _______ _
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
!if' Art in Public Places Advisory Board
D Parks and Recreation Advisory Board
D Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
D Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice:
Second Choice:
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes @ No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes @No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? Q Yes @ No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? OYes ® No
If so, which one(s), and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
Serve the community by helping to facilitate art projects throughout the city.
Next Page
Present Employment: Profession:
,. =..--=--= ---------,lr;;iil=~= ------'
§o ... _1_Gun __ c_1u_b_R_o_ad_,_WP_B_,_F_L _________ ___.! ... !L_ead_E_n_gi_·n_eer1_ng ______________ ___.!
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes ® No
Do you possess a City of PBG Occupational License? O Yes @ No
How many years have you practiced in the above profession? Li
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
0Architect
D Architect Design/Urban Planner
D Arts and Cultural lnstit. Mgmt.
DAttomey
D Banker
lil' Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
Diploma/Degree
1. !Master's of Business Administration
2. !B achel or's of Science
3.
D Div. 2 MEP Contractor
~Engineer
~ Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
0 Member of Bus . Dev. Board
D NPB L Chamber of Commerce
Oother: _
Institution
!college of William and Mary
!university of California, at Berkeley
I
Are you registered to vote in Palm Beach County? ®Yes 0No
I
D Business Owner in PBG
D PGA Corridor Association
0 Real Estate Professional
D Recreati on Programming
0 Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
0 Visual / literary Arts
li!Volunteer from PBGYAA
Course of Study
I Business Administration
J Chemical Engineering
I
Have you participated in civic or community activities? ® Yes O No If yes, ex~ volunteer for youth sports
How did you learn about the volunteer program for which you are applying?
0 City Web Site O Community Group O Friend ® Other: ... F-F ___ per ____ __.
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended_: -' --.-----
I understand the duti•, role and time commitment to the Boards or Committees to which I have applied, !if Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~5~e of
Ethics Training.
Name: Date:
~-obin--Deat--on-------, 4 Apr 2014 Print Previous Page
, City of Palm Beach Gardens Boarc Please Note: P~rsuan~ to :S ~19.07.the information provided In
A I. t· this apphcat1on 1s considered to be public record,
PP 1ca ion except as provided by law.
Last Name: First Name: MI: Nickname, If preferred:
=iRl=cha=rd=s ==========, =1Mi=ch=ael===========10 ..... 1 ______ __. Address: City: State: Zip:
. :11=2=18=1=A=vt=·r=es==C=ircl==e=====================1 :,P=a:,m==Be=a=ch==G=a=rd=en==s=========i =1 F=lon==·d=a=====11 =334==1=8======
Home Phone: Work Phone: Cell Phone: Email Address:
=iN=A===============i =iN=A===============l .. !a_oa-_9_8_7_-3_2_9s _____ ,, ... ka-p_a_h-ul-u1_0_3_@_g_m_a_ll.-co-m-------.
Years of Residency: D Secondary Emall Address:
I
Preferred Means of Contact: ... I N_o_pr_e_fe_r_en_ce _____ __,
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
!if Art in Public Places Advisory Board
D Parks and Recreation Advisory Board
D Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
{meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
D Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice:
Second Choice:
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s), and when? j
Are you currently serving on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? OYes ® No
If so, which one(s), and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
I will use my 24(+) years experience as a Cultural Attache with the Department of State --both in supporting artists
and managing multi-million dollar budgets, to enhance the artistic vibrancy and efficacy of Palm Beach Gardens.
Next Page
... P~re;::;;s;.ea.n .... t--=Ec.:..:m_,p,_l_o_.y~m=e:.:n~t:'--------------P~ro~f_e::s;.::s;.:.;lo~n:..:.;:=--------------------.
• Futhor (writing as M. A. Richards) I INA
Address: Position: .-----------------------
.. 1_2_1 s_1_A_v i_1 e_s_C_i r_c_1 e_P_a_1 m_B_e_a_c_h _G_a_r d_e_n_s_. F_L ______ ___, .. IN_A _____________________ _,
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes ® No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain :
Professional Background (please check all that apply)
0 Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
~ Arts and Cultural Instit. Mgmt.
DAttorney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
Diploma/Degree
1. ,BA
2. ,MA
3.
D Div. 2 MEP Contractor D Business Owner i n PBG
D Engineer O PGA Corridor Association
D Environmental Professi onal D Real Estate Professional
D Golf Course Participant D Recreation Programming
D Horticulture & Landscaping D Senior-Targeted Activities
D Land Surveyor D Special Population Advocate
D Landscape Arch itect D Tennis Center Participant
D Member of Bus. Dev. Board !il°Visual / literary Arts
D NPB Couf,l,l,,lot....L..ll.Ml,l,,l,Ll,lj~L,U...l""""".u.u.u::.&.u::..-.... D Volunteer from PBGYAA
lil' Other:
Institution Course of Study
llconnec ticut College, New London , CT
j luMa ssachusetts-Amherst
Are you registered to vote in Palm Beach County? ® Yes O No
Have you participated in civic or community activities? ® Yes Q No If yes, ex r eligious
How did you learn about the volunteer program for which you are applying? ..... -----------
0 City Web Site O Community Group O Friend ® Other: !signature City Magazine
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: I 0411812016
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. 1if Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Mandat-Jnt cRie of
Ethics Training. 11!1 Rg1 e
r-N_a ... m=-e_: -----------Date: l ... M_ic_h_a_e_l A_._R_lc_h_a_rd_s ____ __.j 3 Feb 2016 Previous Page
City of Palm Beach Gardens Boar
Application
lease Note: Pursuant to FS 119.07 the information provided in
this application Is considered to be public record,
except as provided by law.
Last Name: First Name: MI: Nickname, if preferred:
...__jc1ccone ____ __.l.--~yn-n ------.ID..__! --=,------
Address: City: State: Zip:
:F=13=6==D=art=l=ng=t=on==S=tree==t===================t :1P=a=lm==Be=a=ch==G=a=rd=e=n=s=========1 :1 F=lo=rl=d=a===~~I =i3=34=1=8====== Home Phone: Work Phone: Cell Phone: Email Address:
... ls_1s-_3_1_3_-0_1_ss _____ , .... , ----------., ,516-313-0768 , ... ,,yn-n.-a-.a-·cco_n_e@_g_m_a_ll.-co-m _____ _
D
__ __.
Years of Residency: ,..s_e_co_n_d_a_rv_E_m_a_i_l _A_d_d_r_e_ss_: ___ _
Preferred Means of Contact: l ... ~_e_H_P_h_o_ne ______ _.
Please place a check next to each board/committee on which you would be interested In serving:
By Code, some Boards/Committees have specific requirements for membership.
if' Art i n Public Places Advisory Board (meets quarterly on the 3rd Tuesday at 5:30 p.m.)
!if'Parks and Recreation Advisory Board (meets quarterly on the 3rd Monday at 6:00 p.m.)
!if'Planning, Zoning and Appeals Board *
0 Budget Oversight Committee
D Fire Pension Board
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
{meets semi-monthly as called)
D Police Pension Board (meets quarterly as called)
* Required to file a statemen t of fi nancia l in terest form
~
If you have checked more than one box, which would be your:
First Choice: RAB -Parks and Recreation Advisory Board
Second Choice: j AIPP -Art in Public Places Board
Third Choice: I PZAB -Planning, Zoning & Appeals Board
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes @ No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? OYes ® No
If so, which one{s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes @ No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? OYes @No
If so, which one(s}, and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
Hope to bring a different perspective to the committees and help create a more beautiful city that inspires growth
opportunities.
Next Page
Present Employment: Profession:
b.--c-otts--M-ir-ac_l_e_G_r_o _______________ __,, 1ttuman Resources
~ddress: .. ~-·1t1o-n_: __________________ __.
-15-25-0ke--ech-obee--B-l-vd--------------11-R-eg_lon_a_l H_R_M_a-na_g_e_r -------------
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes ® No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced In the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that apply)
D Accountant
0 Adult Sports Programming
D Aquatics Programming
0 Architect
D Architect Design/Urban Planner
0 Arts and Cultural Instit. Mgmt.
0Attomey
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
D Div. 2 MEP Contractor
D Engineer
D Environmental Professional
0 Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D NPB Countv Chamber of Commerce
~ Other: !Human Resources I
D Business Owner In PBG
D PGA Corridor Association
D Real Estate Professional
D Recreation Programming
0 Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / Literary Arts
0 Volunteer from PBGYAA
Diploma/Degree ~~00 ~~~~~
1. jsachelors I !Binghamton University I IPyschology/Business
~=================
2.
3.
Are you registered to vote in Palm Beach County? ®Yes 0No
Have you participated in civic or community activities? ® Yes O No If yes, ex~ WPB Chamber of Commerce
leadership Program
How did you learn about the volunteer program for which you are applying?
® City Web Site O Community Group O Friend O Other: .... I _______ ~
Prior to submitting an application, you are encouraged to attend one meeting • •
Date Attended: _J _..,,... ___ __
I understand the duti•, role and time commitment to the Boards or Committees to which I have applie~. 6l' p.gree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Mandatairv Code of
Ethics Training. ll!'J Agree
Name: Date: ..
,,..L_yn_n_C_i_cco_n_e ______ __,j 16 Jun 2014 Print Previous Page
I
I
City of Palm Beach Gardens Boa re Please Note: Pu.rsuant to FS ~19.07 the information provided In
·~ A 1• • this application 1s considered to be public record,
pp 1cat1on except as provided by law.
Last Name: First Name: MI: Nickname, if preferred:
f9P __ a_ra_no ______ l-Fa-ta-all-e ------,0._1 -......-------'
Address: City: State: Zip:
-~-26_E_T_a_ll _O_ak_s_C_i_r ----------,-,P-a-,m-Bea--ch-G-ar-de_n_s-----.11 ... F-lo-n-.d-a---.11.-3-34_1_0 __ __,
Home Phone: Work Phone: Cell Phone: Email Address:
..._ ________ _,! .... I ________ _.I ... !s_s044 __ 3_-1_s_s_s ____ _,f jnata1ie.m.ceparano@chase.com
Years of Residency: D Secondary Email Address:
jnmc5327@yahoo.com
Preferred Means of Contact: l .. ema __ i_l _______ __,
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
~ Art in Public Places Advisory Board
lil' Parks and Recreation Advisory Board
D Planning, Zoning and Appeals Board *
0 Budget Oversight Committee
D Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
D Police Pension Board (meets quarterly as called)
Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice: RAB -Parks and Recreation Advisory Board
Second Choice: I AIPP -Art in Public Places Board
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes @ No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes @No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes @ No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? ®Yes 0No
If so, which one(s), and when? j_w_a_t_er_Advl __ so_ry_c_o_m_m_itt_e_e __________ _
Are you able to attend: ® Daytime Meetings O Evening Meetings
What would you hope to accomplish by participating?
As a resident of Palm Beach Gardens, I am looking for the opportunity to participate and assist with more
community development through various programs that may be offered.
Next Page
Present Employment: Profession:
~,....-P_M_o-rg_a_n_C_h_a_s_e-----------------.j lsan~ng I
xaa,ess: .. , .... .,.--m"""o_n..,.:,__ _________________ __,
... ,1 -13_64_U_S_H_wy--1.-P-B_G_,_F_L_3-34_0_8-------,----, ... ,B_ra_n_ch_M_a_na_g_e_r _______________ ....,I
Are you a Lobbyist? O Yes @ No
Are you registered with Palm Beach County? ® Yes O No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, expl ain:
Professional Background
D Accountant
(please check all that appl y)
D Adult Sports Programming
. 0 Aquatics Programming
D Architect
0 Architect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
0 Div. 2 MEP Contractor
D Engineer
D Environmental Professiona l
D Golf Course Participant
D Horticulture & Landscaping
D land Surveyor
D Business Owner in PBG
D PGA Corridor Association
D Real Estate Professional
0 Recreation Programming
D Senior-Targeted Activities
D Special Population Advoca t e
OAttorney
~Banker
D Landscape Architect D Tennis Center Participant
D Member of Bus. Dev . Board D Visual / Literary Arts
0 Building Construction 0 NPB County Chamber of Commerce O Vo l unteer from PBGYAA
D Other: ..... I ______ ___.! D Div. 1 Bldg -General Contractor
Educational Background
Dip loma/Degree Institution Course of Study
1. ,Bs Marketing and Management II Florida State University I
-~-=========~:========~
2.
3.
Are you registered to vote in Palm Beach County? ®Yes O No
H a ve you participate d in civic or community activitie s? ® Yes O No If yes, exr: Volunteer through Jun ior League
· of Palm Beaches, Habitat for
Humanity
How did you le arn about the volunteer program for which you a r e applying?
@ City Web Site O Community Group O Friend O Other: ._! _______ __..
Prior to submitting a n application, vou are encouraged to attend one n mg.
Date Atte nded: '-------
I unde r stand the duties, rol e a nd t ime commitment to the Boards or Committees to w h ich I have applied. Ii[ Agree
I understand if I am select e d to serve o n a board or committee, I a m required t o complete the PBG M and a ~~ Code of
Eth ics Training. Im gree
Name: Date:
,,..N-a-ta_li_e_C_e_p_a-ra-no------, 5 Mar 2014 Print Previous Page
....
' l . -. )
' • l .
City of Palm Beach Gardens Boar
Application
lease Note: Pursuant to FS 119.07 the information provided ir
this application Is considered to be public record,
except as provided by law. . "".-·i·tr-~ .· ... I -,, Last Name: First Name: MI: Nickname, if preferred:
~-, =fKtri=·k ======1=Fson=======101 ....... ___ ___. Address: City: state: Zip:
:F=Dorch====e=st=•==c;=·rc1=e=====================1 :1P=a=,m==B=ea=ch==G=ar;=d=en==s=========1 _1 .. i==1_on-_-.d=a=====1 :e=34=1=8====== Home Phone: Work Phone: Cell Phone: Email Address:
r,--01--2-4-7-~-3-33---------,~I _______ _.II ,~---a~--n.-C-udn-ik_@_g_ma_il_.com _____ ~
D ---Years of Residency: ,_s_e_c_o_n_d_a_ry_E_m_a_il_A_d_d_r_e_s_s_: ___ _
Preferred Means of Contact:f .. H_o_m_e_P_h_on_e _____ __.
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
ii' Art in Public Places Advisory Board
D Parks and Recreation Advisory Board
til' Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
{meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semf-monthly as called)
til' Police Pension Board (meets quarterly as called)
* Required to file a statement of financial Interest form
If you have checked more than one box, which would be your:
First Choice:
Second Choice:
Third Choice:
J PZAB -Planning, Zoning & Appeals Board
I AIPP -Art in Public Places Board
I Police -Police Pension Board
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes ®No
If so, which one(s), and when?
Are you currently ses:ving on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? 0Yes ®No
If so, which one(s), and when?
Are you able to attend: Q Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
Looking to be an active participant in local government and help continue to provide valuable services to my home
community.
Next Page
Present Employment:
~korsky Airaaft Corporation
dreu:
_j1_790_0_BeeU __ ne_H•_·g_hwa_Y ____________ l .._~_ef_of_Fll_g_ht_T_est _____________ _
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? ® Yes Q No
Do you possess a City of PBG Occupational License? Q Yes ® No
How many years have you practiced in the above profession? EJ
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that apply)
D Accountant
0 Adult Sports Programming
D Aquatics Programming
0Architect
D Architect Design/Urban Planner
D Arts and Cultural lnstit. Mgmt.
0Attomey
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
Diploma/Degree
0 Div. 2 MEP Contractor
SK Engineer
0 Environmental Professional
0 Golf Course Participant
0 Horticulture & Landscaping
0 Land Surveyor
D Landscape Architect
0 Member of Bus. Dev. Board
D NPB Cour Oiamber of Commen:e
Oother: _
Institution
1. js.s . Aerospace Engineering JjEmbry-Riddle Aeronautical Univeristy
2. jM .S. Engineering llcalifornia State University, Fresno
3. !Real Estate Sales Associate !!Gold Coast School of Real Estate
Are you registered to vote in Palm Beach County? @ Yes O No
I
D Business Owner In PBG
D PGA Corridor Association
~ Real Estate Professional
D Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
liKTennis Center Participant
D Visual / Literary Arts
0 Volunteer from PBGYAA
Course of Study
J IAerospeace Engineering
JIMecha nical Engineering
!!Rea l Estate Associate -In work
Have you participated in civic or community activities? 0 Yes ® No If yes, ex
How did you learn about the volunteer program for which you are applying? .I~-
® City Web Site O Community Group O Friend O Other: I
5
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: ... I _..,,.._-..,.___.
I understand the duti•, role and time commitment to the Boards or Committees to which :. have applied. ~ Agree
I understand If I am selected to serve on a board or committee, I am required to complete the Pl3G Mandawv C,%1e of
Ethics Training. IIEI Rg1 e
Name: Date:
~~-a~~-C-~~n-~~~~-~~~J6Jan2015 Print Previous Page
City of Palm Beach Gardens Boar<I Please Note: Pursuant to FS 119.07 the information provided In
A I. t· this application Is considered to be public record,
PP 1ca ion except as provided by law.
Last Name: First Name: MI: Nickname, if preferred:
j=Ewe=r========~~-=, =Fa=ylo=r ==========10 .... 1 ------Address: City: State: Zip: F .. -3-27_Alth_e_a_W_a_y ___________ _,, ... ,P-a-lm-B-ea_c_h_G_a_r_d-en-s-------.,, ... F-lo-n-.d-a--.... , , ... 3-34_1_0 ___ _,
Home Phone: Work Phone: Cell Phone: Email Address: ______ ! .__I _____ __.!_lss_1-_389-_1_97_3 ___ ,, ..... Tfi_nch_8_6@_a_ol-.co_m _____ __,
Years of Residency: Li Secondary Email Address:
Preferred Means of Contact: j_e_m_ai_1 _______ __
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
!if Art In Public Places Advisory Board
!if Parks and Recreation Advisory Board
D Planning, Zoning and Appeals Board *
0 Budget Oversight Committee
0 Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
0 Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice: RAB -Parks and Recreation Advisory Board
Second Choice: I AIPP -Art in Public Places Board
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes ® No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? Oves ® No
If so, which one(s), and when?
Are you able to attend: O Daytime Meeti ngs @ Evening Meetings
What would you hope to accomplish by participating?
i have never lived outside of PBG, and do not plan to go anywhere else. We are a young family, and would love to
help ensure PBG continues to grow its businesses and public places to inspire and support happy healthy families
Next Page
Present Employment: Profession:
· lc ... -a-lit_o_m_ia-C-lo_s_e-ts-----------------1 b esigner/sales f
Xddress: ""P'"'"o"""s""lt""lo""'n""':~------------------F .. -3-27-A-lth_e_a_w-ay-----------------1 ... !o_e_s,_·g_n_c_o_n_su_l_ta_n_t ________________ !
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes ® No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced In the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explai n:
Professional Background (please check all that app ly)
D Accou ntant
D Adult Sports Programming
D Aquatics Programming
0 Architect
D Architect Design/Urban Planner
D Arts and Cu l tural Instit. Mgmt.
D Attorney
D Banker
D Building Construction
D Div. 1 Bldg -Genera l Contractor
Educational Background
Diploma/Degree
1. !sachelors of sci en ce
2.
3.
D Di v . 2 MEP Contractor D Business Owner In PBG
D Engineer D PGA Corridor Association
D Environmental Professional D Real Estate Professional
D Golf Course Participant D Recreation Programming
D Horticulture & Landscaping D Senior-Targeted Activities
D Land Surveyor D Special Population Advocate
D Landscape Architect D Tennis Center Participant
D Member of Bus. Dev. Board D Visual/ Literary Arts
D NPB County Chamber of Commerce D Volunteer from PBGYAA
D other: _, --------'
Instituti on Course of Study
/!Fl orid a Atlantic University !!M arke ting /business management
::::================::::
Are you registered to vote in Palm Beach County? ®Yes 0No
Have you p a rticipate d in civ ic or commun ity a ctivities? ® Yes O No If yes, ex 1
How did you learn about the volunteer program for which you are applying? ..... -------------
0 City Web Si te O Community Group O Friend @ Other: 'Always wanted to be involj
Prior to s ubmitting an a pplicat i on, you are e n c ouraged to attend o n e meeting.
Da te Atte nde d : -'------
I understand the d uties, role and time commitment to t he Boards or Committees to which I have a pplied. ~ Agree
I unde rstand if I am sel ected t o serve o n a board o r committee, I am require d to complete the PBG Manda~ CPE!te of
Ethics Training. IJrJ ~91 e
Name: D~e:
~,....ay-l-or_E_w_e_r _______ ..,..1j 29 Oct 201 5 Print Pre vious Page
City of Palm Beach Gardens Boar
Application
lease Note: Pursuant to FS 119.07 the information provided i1
this application is considered to be public record,
except as provided by law.
Last Name: First Name: MI: Nickname, if preferred:
.__[sea-_-"============, =1Ra=m=on=a ==========IE].___ _____ _ ,ddress: City: State: Zip:
S4 __ 3_9_C_lca_d_a_W_a_y __________ __,1 ... IP_a_1m_e_ea_ch_G_a_rd_e_n_s _____ ,, ... F_lo_rl_d_a __ ""'ll ... e-=34=1=8======
iome Phone: Work Phone: Cell Phone: Email Address:
561-622-6164 1 .... l7_o3_-8_6_2_-2_4_52 ____ _...l .. r_o3-_ss_2_-2_4_5_2 _____ ,, .. g-re-e-kra_mo_na_@_g_m_a_i_l.com ______ _
fears of Residency: D Secondary Email Address:
>referred Means of Contact: ... I c_e_1_1 P_h_o_n_e ______ __,
>lease place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
Ii! Art in Public Places Advisory Board (meets quarterly on the 3rd Tuesday at 5:30 p.m.)
li!Parks and Recreation Advisory Board (meets quarterly on the 3rd Monday at 6:00 p.m.)
D Planning, Zoning and Appeals Board* (meets monthly on the 2nd Tuesday at 6:00 p.m.)
li!Budget Oversight Committee (meets monthly on the 4th Thursday at 8:30 a.m.)
D Fire Pension Board
D Police Pension Board
(meets semi-monthly as called)
(meets quarterly as called)
* Required to file a statement of financial interest form
[f you have checked more than one box, which would be your:
First Choice: I AIPP -Art in Public Places Board
Second Choice: j BOC -Budget Oversight Committee
Third Choice: RAB -Parks and Recreation Advisory Board
,re you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)?
iave you ever served on a Palm Beach Gardens Board or Committee? OYes ® No
If so, which one(s), and when?
,re you currently serving on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s)?
iave you ever served on a Palm Beach County Board or Committee? 0Yes ® No
If so, which one(s), and when?
,re you able to attend: O Daytime Meetings ® Evening Meetings
Nhat would you hope to accomplish by participating?
Serving our community while also learning more about how citizens, including myself, can work together to help
Palm Beach Gardens thrive as it grows in number of residents and businesses.
Next Paae
• ---··· -···r·-• ···-····
Teacher and CEO of the Bean Residence ! lread,1ng and Caretaker .... ,d ... d ... r_e_s_s_: __________________________________ ____. lsci.11:iiiii:
S439 Cicada Way
,re you a Lobbyist? O Yes ® No
,re you registered with Palm Beach County? Q Yes ® No
lo you possess a City of PBG Occupational License? O Yes ® No
iow many years have you practiced In the above profession? D
:ould your occupation present a conflict of Interest on any subject matter discussed, reviewed or decided
Jpon by the Board or Committee? O Yes ® No If yes, explain:
>rofessional Background (please check all that apply)
] Accountant
] Adult Sports Programming
] Aquatics Programming
J Architect
] Architect Design/Urban Planner
] Arts and Cultural Instlt. Mgmt.
] Attorney
] Banker
] Building Construction
] Div. 1 Bldg -General Contractor
:ducational Background
Diploma/Degree
• !English B.A.
..
D Div. 2 MEP Contractor
D Engineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D NPB Coun Chamber of Commerce
fil Other: Federal Govt+ US House staff
Institution
/I university of Florida
IMarymount University
I
,re you registered to vote in Palm Beach County? ®Yes 0No
D Business Owner in PBG
D PGA Corridor Association
D Real Estate Professional
D Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
fil Visual / Literary Arts
D Volunteer from PBGYAA
Course of Study
I IM.A. Education (incomplete)
I
iave you participated in civic or community activities? ® Yes O No If yes, ex Only as an attendee ...
How did you learn about the volunteer program for which you are applying?
!> City Web Site O Community Group O Friend O Other: / .... _______ _.
?rlor to submitting an application, you are encouraged to attend one meeting.
Date Attended: I 1111012015
understand the duties, role and time commitment to the Boards or Committees to which I have applied. !if Agree
understand If I am selected to serve on a board or committee, I am required to complete the PBG Manda~ CfEde of
:thics Training. Im .Rg1 et!
lame: Date:
-IA_m_nn_A_V_~_Rl:._A_n ______ l ?~ Ort ?n1 ~
Print Previous Paae
City of Palm Beach Gardens BoarCI Please Note: Pursuant. to FS 119.07 the information provided in
A I. t" this application is considered to be public record,
PP 1ca ion except as provided by law.
Last Name: First Name: MI: Nickname, If preferred:
,__j.-copp==ag=e =========1 _,-Ga=il ===========10_, ------
Address: City: State: Zip:
.. , .. 1=1=R=a=b_b-i=ts=R=u=n========================i :1P=a:lm==Be=a=ch==G=a=rd=e=n=s=========1 =i F=lo=n=·d=a=====11 :334:=1=8====== Home Phone: · Work Phone: Cell Phone: Email Address:
=rs=0-==20=5=·=86=34==========1 =i8=60=-=20=5=-8=6=3=4=========1 .... 1s_so_-_2o_s_-s_s_34 ____ __,, -p-i-loc-op_p_a_ge@--gm-·-ai-l.c_o_m _____ _
Years of Residency: D Secondary Emall Address:
I
Preferred Means of Contact: .. I e_m_a_n _______ __,
Please place a check next to each board/committee on which you would be interested In serving:
By Code, some Boards/Committees have specific requirements for membership.
!il' Art In Public Places Advisory Board
lil' Parks and Recreation Advisory Board
if Planning, Zoning and Appeals Board*
0 Budget Oversight Committee
0 Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
lil' Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice: j AIPP -Art in Public Places Board
Second Choice: RAB -Parks and Recreation Advisory Board
Third Choice: ! Police -Police Pension Board
Are you currently serving on a Palm Beach Gardens Board or Committee? 0 Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes ®No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s)? I
Have you ever served on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s), and when? I
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
I would like to offer my interest and expertise in support of the community in which I live.
Next Page
;-P_re_•=-•,_n_,t ... E_m=cp..,lo...,y&,;m=e_n~t_: ---------------. Profession:
• Ehe Coppage Company, Inc. , ,r-~-u-si-n-ess=&=E-d-uca_ti_o_n_C_o_ns_ulta __ nt------------.
Address: Position:
j""1_1_R_a_bb-lts-R-un-.-P-a-lm_B_e_a_ch_G_a-rd_e_n_s_F_l ________ , _,P_re_s_id_e_n_t ___________________ __.
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes ® No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and .Cultural Instit. Mgmt.
D Attorney
0 Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
D Div. 2 MEP Contractor !iKBusiness Owner in PBG
D Engineer D PGA Corridor Association
D Environmental Professional D Real Estate Professional
!iK Golf Course Participant D Recreation Programming
D Horticulture & Landscaping !iK Senior-Targeted Activities
D Land Surveyor D Special Population Advocate
D Landscape Architect D Tennis Center Participant
D Member of Bus. Dev. Board D Visual / Literary Arts
D NPB Couf,,l,U,~l,l,i:l,IJ.&.L.lit::.i...U&..J1..1.11.u.u.,l,l;Oi......_ _ _, D Volunteer from PBGYAA
liK Other:
Diploma/Degree Institution Course of Study 1.j ,_l\,1_a_s_te_r_o_f_Sc-i-en_c_e_D_e_g_r_ee~~~~~--,,,.-C-e_n_tra_l_C_T_S_t_a_te_U_n_i_ve-r-si-ty~~~~~~~-,1, ..... P-u-bl-ic_A_d_rn_i_n_is-tr-at-io-n~~~~~----.
2. jsachelor of Science Degree lluniversity of Hartford IIMusic Education
3. ~~~~~~~~~~-~~~--'r=================================================:1: ::::::::::::::::::::::::~
Are you registered to vote in Palm Beach County? @Yes O No
Have you participated in civic or community activities? @ Yes O No If yes, ex
How did you learn about the volunteer program for which you are applying?
PGA Corridor: Business to
Business Women's Network:
Mea ls on Wheels ; PBSC Glob al
Ambassador
0 City Web Site O Community Group ® Friend O Other: .. I _______ _
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: I 1210712015
I understand the duties, role and time commitment to the Boards or Committees to which I have app:ied. ~ Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~ coie of
Ethics Training. :JrJ ~gre
r-N .. a._m......_e .... : ------------. Date:
.... JG_a_u_c_o_p_pa_g_e ______ _.! 4 Aug 2016 Previous Page
City of Palm Beach Gardens Boa rel Please Note: Pursuant to ~s 119.07_the information provided in
A I. . this application Is considered to be public record,
PP 1cat1on except as provided by law.
Last Name: First Name: MI: Nickname, If preferred:
_ 1=~=ed=al=~~~~-=--=----------~-1=F=ns=rop=he=r==========,0~1 ______________ _
Address: City: State: Zip:
=i3=G=l=en=g=a=ry==R=o=ad========================i =iP=a:lm==B=ea=c=h=G=a=r=d=en=s==========i =1 F=lo=n=·d=a=====i :,3:34:=18======= Home Phone: Work Phone: Cell Phone: Email Address:
=15=61=·=756-===15=5=1=========1 =i9=54=-=93=8=-2=5=8=8=========1 ... 15_61_-_756-_1_5_5_1 _____ jl ,;;;;.co-ft-ed~al;..;.@-w-e;..;in;.;g .. a ... rte-n-.co-m------
Years of Residency: D Secondary Email Address:
joffy01@hotmail.com
Preferred Means of Contact: .. I E_m_a_n _______ _
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
Ii! Art in Public Places Advisory Board
Ii! Parks and Recreation Advisory Board
Ii! Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called}
D Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice: l PZAB -Planning, Zoning & Appeals Board
Second Choice: RAB -Parks and Recreation Advisory Board
Third Choice: ! AIPP -Art in Public Places Board
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes ® No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes @ No
If so, which one(s)? I
Have you ever served on a Palm Beach County Board or Committee? 0 Yes ® No
If so, which one(s), and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
I was bom and raised in Palm Beach Gardens. I attended Timber Trace, Duncan, and Dwyer. I graduated from the University of Florida. For the past 30 years, I have witnessed a small city grow into what it is today. I believe the city has been very well run the past several decades. I would like to volunteer my time to ensure that the city Next Page
... P .. re=s:::.:e:::.:n~t:..:E=m:.::.:.ii:P:.:.lo:.y.Lm=e:.:.n:.::t .. : ------------;..P:.:ro~l=..::e::•::•.::lo~n.:.::..__ _______________ ~
• Feingarten Realty j jReal Estate
Address: Position: ;,....;;....;...;...=.;;.._ _________________ _
5355 Town Center Road Boca Raton, FL 33486 Senior Property Manager/Director of Sustainability
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes ® No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced in the above profession? EJ
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instlt. Mgmt.
0 Attorney
0 Banker
~ Building Construction
0 Div. 1 Bldg -General Contractor
Educational Background
D Div. 2 MEP Contractor
D Engineer
lif Environmental Professional
0 Golf Course Participant
lif Horticulture & Landscaping
0 Land Surveyor
0 Landscape Arch itect
D Member of Bus. Dev. Board
0 NPB Couf bt Cbarobec of Carnrnecce
lif Other: Property Management
D Busi ness Owner In PBG
0 PGA Co rridor Association
!if Real Estate Professional
D Recreation Programming
0 Senior-Targeted Activities
D Special Population Advocate
0 Tennis Center Participant
D Visual / Literary Arts
1
0 Volunteer from PBGYAA
Diploma/Degree Institution Course of Study
1. -,B~a~c~he~l~or~o~f~A~rt~s---------,-,U~n~iv~e~s ~ity~o~f~F~lo~n~.d~a---------........ ,, ... C:~r~i111~i~no~l~og~y-------------.
2.
3.
Are you registered to vote In Palm Beach County? @Yes O No
Have you participated in civic or community activities? @ Yes O No
I
I
If yes, ex I have been a coach for my son's
football and basketball teams
How did you learn about the volunteer program for which you are applying?
® City Web Site O Community Group O Friend . 0 Other: ... I _______ _
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended:' ... _____ _.
I understand the duties, role and time commitment to the Boards or Committees to which I hav~ applied. ~ Agree
I understand if I am selected to serve on a board or committee, I am required to comple-::e the PBG Mandat,.,vv CfEie of
Ethics Training. ll'!I Ag1 e
..,N_a_m=e.:.: ___________ Date:
.... (c_h_ri_s_Oft_e_da_1 ______ -,..J! 12 Dec 2016 Previous Page
I
I
txtHopetoAccomplish -Page 1
. Tod . . .
. . .
I was born and raised in Palm Beach Gardens. I attended Timber Trace, Duncan, and Dwyer. I graduated from the
University of Florida. For the past 30 years, I have witnessed a small city grow into what it is today. I believe the
city has been very well run the past several decades. I would like to volunteer my time to ensure that the city
continues to grow and prosper for future generations .
. :~
City of Palm Beach Gardens Boa rel Please Note: Pu_rsuant to FS 119.07 the information ~rovided in
A I. . this application Is considered to be pubhc record,
PP 1cat1on except as provided by law.
,..La_s_t_N_a_m_e_: ----------, .,.F_lr_s_t_N_a_m_e_: ______ ___, MI: Nickname, If preferred:
__ IMo_ra_es _____ ____.! .__!Ja_so_n ______ lD.._I -------
Address: City: State: Zip:
=i5=14=6==H=am:=ilt=on==C=t ======================1 ... ,P-a-lm_Be_a_ch_G_a_rd_e_n_s ____ __,1 ... 1 F_lon_·d_a __ _.fl ... 334...._1_8 __ .......,
Home Phone: Work Phone: Cell Phone: Email Address:
=iN=A=================i =iN=A================l _js_30_3_04_7_4_4_4 _____ , p,;;. ..... as_o_n.;...M;..;o.;;ra.;;e .... s .... @-l-iv-e-.co-m---------. D Sec.onda Email Address:
Jason.Moraes@aa.com
Years of Residency:
Preferred Means of Contact: j._c_e_1_1 P_h_o_n_e ______ _.
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
~ Art in Public Places Advisory Board
fi!Parks and Recreation Advisory Board
0 Planning, Zoning and Appeals Board *
D Budget Oversight Committee
0 Fire Pension Board
{meets quarterly on the 3rd Tuesday at 5:30 p.m.)
{meets quarterly on the 3rd Monday at 6:00 p.m.)
{meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
D Police Pension Board {meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice: RAB -Parks and Recreation Advisory Board
Second Choice: I AIPP-Art in Public Places Board
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes O No
If so, which one{s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes ® No
If so, which one{s)? I
Have you ever served on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s), and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
I want to ensure Palm Beach Gardens continues to be a "unique place to play" since my family and I utilize the
PBG recreational facilities and programs on almost a daily basis. I will listen to residents ideas, suggestions, and
critiques to assure the com m unity that our city offers a variety of services that continue to be safe, fun, and Next Page
,..P ... re ... s .... e ... nt .......... E ... m_.p,_l __ o ... y._m ........ e __ n_t:,__ _____________ ,..P ... ro_f_•_._s_lo_n ___ : ------------------.
_Ffi_e_n_·ca_n_A_ir_11ne_s _______________ ........,! ... F_·r1_in_e_Pi_1o_t __________________ _.
Address: Position:
,.,M-ia-m-11-n-tem_a_ti_o_na_l_A_lrp-ort--------------, ... f_irs_t_o_ffi_ce_r __________________ _.
Are you a Lobbyist? Q Yes ® No
Are you registered with Palm Beach County? Q Yes @ No
Do you possess a City of PBG Occupational License? Q Yes @ No
How many years have you practiced In the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
D Attorney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
D Div. 2 MEP Contractor D Business Owner In PBG
D Engineer D PGA Corridor Association
D Environmental Professional D Real Estate Professional
D Golf Course Participant D Recreation Programming
D Horticulture & Landscaping D Senior-Targeted Activities
D Land Surveyor ., D Special Population Advocate
D Landscape Architect D Tennis Center Participant
D Member of Bus. Dev. Board D Visual/ Literary Arts
0 NPB Cou1µo.L.CJtlal::cJ:Mar..1lU:.a.ccim.e.a.:e.... __ 0 Volunteer from PBGYAA
~Other:
Diploma/Degree Institution Course of Study 1.1 .-B-S---~~~~~~~~~~~,,.-U-S_A_i_r_F-or_c_e_A_c-ad_e_m_y~~~~~~~~~,.-,8-e-ha-v-io_r_a_l S-c-ie_n_c_e~~~~~~~
2. ,MA !!American Military University 11::=s=tr=at=e=g=ic=l=nt=e=lli=ge=n=ce=S=t=ud=i=es====;
:=================l
3.
Are you registered to vote in Palm Beach County? ®Yes O No
Have you participated in civic or community activities? ® Yes O No If yes, ex~ My family & I have attended
multiple community activities.
How did you learn about the volunteer program for which you are applying?
® City Web Site O Community Group O Friend O Other: _j _______ _
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: , ... _ ...... --.--~
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. lil Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~ Code of
Ethics Training. IIEI ~gree
,..N ... a ... m ...... e __ : ___________ Date:
... fJ_a_so_n_P_. _M_o_ra_e_s _____ __.j 1 Mar 2017 Previous Page
txtHopetoAccomplish -Page 1
I want to ensure Palm Beach Gardens continues to be a "unique place to play" since my family and I utilize the
P BG recreational facilities and programs on almost a daily basis. I will listen to residents ideas, suggestions, and
c ri tiques to assure the community that our city offers a variety of services that continue to be safe, fun, and
fi rst-rate.
. ... '
. .
City of Palm Beach Gardens Boar
Application
lease Note: Pursuant to FS 119.07 the information provided in
this application is considered to be public record,
except as provided by law.
Last Name: First Name: MI: Nickname, if preferred:
J.._Reed ____ ___.!f,--hel-sea------,o,_ -----
Address: City: State: Zip:
:194==S=a=tl=nw==oo=d==La=n=e======================1, ... P-a-,m-B-ea_ch_G_a_r_d_e-ns-----,, Florida , ... ,3-34-10----.
Home Phone: Work Phone: Cell Phone: Email Address:
=i56=1=-6=2=6-4==3=81=========11 ..... 6_30_-2_3_o_-3_68_6 ____ _.j ... ls_s1_-4_2_1_.s_oo_s ____ .... ! !chelsreed@gmail.com
Years of Residency: EJ Secondary Email Address:
!creed@spine.org
Preferred Means of Contact: l ... ~_o_pr_e_fe_r;_en_c_e _____ _,
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
!if Art in Public Places Advisory Board
!if Parks and Recreation Advisory Board
!if Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called}
D Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice: I AIPP -Art in Public Places Board
Second Choice: I PZAB -Planning, Zoning & Appeals Board
Third Choice: RAB -Parks and Recreation Advisory Board
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes ® No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? OYes @No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? 0Yes ® No
If so, which one(s}, and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
Serving on a board/committee would allow me to make a valuable contribution to the board/committee, serve our
community and be a productive part of Palm Beach Gardens.
Next Page
f
Present Employment: Profession:
' ,.IN_orth __ A_m_e_n-·ca_n_S_p-ine_F_ou_n-da-t-io-n----------...... , ~onprofit I
&dress: 1111P~os..,.,,.lt""io"'"n'"":-------------------...-------------------------
... 94_s_a_tl_nw_ood __ L_a_n_e_._P_a1_m_B_e_a_c_h_G_a_r_de_n_s_._F_L_3_34_1_0 ____ __, ... !s_u_s_in_e_ss_o_ev_e_lo_p_m_e_n_t_M_a_n_ag_e_r ___________ .... l
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? ® Yes O No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
D Attorney
D Banker
D Building Construction
~ Div. 1 Bldg -General Contractor
Educational Bac~ground
Diploma/Degree
D Div. 2 MEP Contractor
D Eng ineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D NPB Coun Chamber of Commerce
!1l' Other:
Institution
D Business Owner in PBG
D PGA Co rridor Association
D Real Estate Professional
D Recreation Prog ramming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
!if Visual/ Literary Arts
D Volunteer from PBGY AA
Course of Study
1. Certificate in Nonprofit Leadership & Mg !university of Florida !!Business (Nonprofit) 2016
l=================~
2. IBA IIFlorida Atlantic University II Ps ychology /Biology
3. ,PTA lllynn University I ... IP_h_y_si_ca_l_T_h_e_ra_P_Y ______ ___.
Are you registered to vote in Palm Beach County? ® Yes O No
® No If yes, ex1
How did you learn about the volunteer program for which you are applying? .... -----------
Have you participated in civic or community activities? O Yes
® City Web Site O Community Group O Friend O Other: I .... ..,,..----.,,.-----'
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended:· ... I_--,-_...,,..,......__.
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. 1if Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Mandat.Y cPEie of
Ethics Training. ll!'J Ag 1 e
Name: Date:
F,...._h_e-ls-ea_R_e-ed-------, 29 Oct 2015 Print Previous Page
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 12, 2017
Resolution 69, 2017
Subject/Agenda Item: Appointment of Regular and Alternate Members to the Parks and
Recreation Advisory Board .
[X] Recommendation to APPROVE
Recommendation to DENY
Reviewed by:
Submitted by:
J.E. Dou y ,
Deputy City Manager
Approved by:
Originating Dept.:
Advertised: NA
Date:
Paper:
[ x ] Not Required
Affected parties
[ J Notified
Costs:
$ N/A
$ N/A
(Total)
Current FY
Funding Source:
[ ] Operating
[x] Other
Contract/ Agreement:
Effective Date:
N/A
Expiration Date:
N/A
Council Action:
J Approved
] Approved w/
Conditions
J Denied
J Continued to:
Attachments:
• Resolution 69, 2017
-Exhibit "A":
Appointments
-Exhibit "B":
Attendance Records/
Applications
Meeting Date: October 12, 2017
Resolution 69, 2017
Page 2 of 3
BACKGROUND: The purpose of the Parks and Recreation Advisory Board shall be to serve
as advocates for the citizens by conducting constructive investigation, discussion, and review;
provide advice to the Community Services Department, City Manager, and City Council with
a broad outlook towards improving present recreational facilities and increasing utilization .of
the facilities by the public; and evaluate and recommend future community needs for
recreational projects and facilities. Appointments shall be made based on experience and
interest and shall, whenever possible, include: a participant in senior targeted activities; a
tennis center participant; a golf participant; a recreation programming participant; an aquatics
participant; an adult sports programming participant; an arts and culture advocate; a special
population advocate; ora volunteer from the PBG Youth Athletic Association.
Current Composition of the Board:
Carol Dutra-Ellis -Chair, Regular Member
Mary Anne Hedrick -Vice Chair, Regular Member
Bruce Bonvento -Regular Member
Valerie Fennon -Regular Member
George Wicker -Regular Member
*Shelley Roe -1st Alternate
* Joseph R. Russo, Jr. -2nd Alternate
*Due to the resignation of regular member Matthew Lane (resigned April 6, 2017) and regular
member Christopher Dinolfo (resigned April 26, 2017), 1st Alternate Shelley Roe and 2nd
Alternate Joseph R. Russo, Jr., are currently serving as regular members on the Board until
the October appointments. Per Code Section 2-86 (1 ), vacancies in the board or committee
shall be automatically filled by an alternate member of that board or committee until the semi-
annual appointments are made.
Terms Expiring on September 30. 2017:
Valerie Fennon
Mary Anne Hedrick
Bruce Bonvento
Carol Dutra-Ellis
Regular Members Eligible for Re-Appointment:
Valerie Fennon
Mary Anne Hedrick
Bruce Bonvento
Carol Dutra-Ellis
Regular members not eligible for reappointment -Term Expiring
None.
Vacancies to be Filled:
1 Regular Member
1 Regular Member to fill the unexpired term of Matthew Lane (term expires 9/30/2018)
1st Alternate
znd Alternate
Additional Applications on File: (checked RAB only):
Audley Reid
Joseph Roche
Jessica Blackman
Andrew Heim
Frank Markwith
Matthew Zudanns
Kelly Rogers
Meeting Date: October 12, 2017
Resolution 69, 2017
Page 3 of 3
Additional Applications on File: (checked multiple boards):
Ramona Bean
Stacy Porter
Chelsea Reed
Taylor Ewer
Natalie Ceperano
Lynn Ciccone
Gail Coppage
Jason Dubois
Dane Leitner
Christopher Oftedal
Jason Moraes
Timothy Coppage
STAFF RECOMMENDATION: Staff recommends approval of Resolution 69, 2017 as
presented.
1
2
3 RESOLUTION 69, 2017
4
5
6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
7 BEACH GARDENS, FLORIDA, APPROVING THE APPOINTMENT OF
8 REGULAR AND ALTERNATE MEMBERS TO THE PARKS AND
9 RECREATION ADVISORY BOARD; PROVIDING AN EFFECTIVE
10 DATE; AND FOR OTHER PURPOSES.
11
12
13 WHEREAS, Section 2-138, Code of Ordinances provides for the Board to be
14 comprised of seven regular members and two alternate members; and
15
16 WHEREAS, as of October 1, 2017, there are four regular members eligible for
17 reappointment, two regular member vacancies, and two alternate vacancies; and
18
19 WHEREAS, notice of the vacancies has been posted at City Hall and on the City
20 website ; and
21
22 · WHEREAS, the City Clerk has collected applications of all interested persons who
23 wish to serve as members of the Board, along with attendance records of the current
24 members, which are attached hereto as Exhibit "B"; and
25
26 WHEREAS, the City Council deems approval of this Resolution to be in the best
27 interest of the health, safety, and welfare of the residents and citizens of the City of Palm
28 Beach Gardens and the public at large .
29
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
32 OF PALM BEACH GARDENS, FLORIDA, that:
33
34 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
35
36 SECTION 2. The City Council hereby approves the appointment of regular and
37 alternate members to the Parks and Recreation Advisory Board , as set forth in Exhibit
38 "A", attached hereto.
39
40 SECTION 3. This Resolution shall become effective immediately upon adoption.
41
42
43
44
45
46
Page 1 of 2
,----------------------------------------
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Resolution 69, 2017
PASSED AND ADOPTED this __ day of ________ , 2017.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: ---------------Maria G. Marino, Mayor
ATTEST:
BY: ------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ------------R. Max Lohman, City Attorney
VOTE:
MAYOR MARINO
VICE MAYOR MARCIANO
COUNCILMEMBER WOODS
COUNCILMEMBER LANE
COUNCILMEMBER LITI
AYE NAY ABSENT
G :\attomey_share\RESOLUTIONS\2017\Resolution 69 ,2017 RAB appointments.docx
Page 2 of 2
EXHIBIT "A"
Regular Member(s)
Alternate Member( s)
Resolution 69, 2017
Expiring on 9/30/19
Expiring on 9/30/19
Expiring on 9/30/19
Expiring on 9/30/19
Expiring on 9/30/19
Expiring on 9/30/18
First Alternate
Second Alternate
Resolution 69, 2017
EXHIBIT "B"
PARKS AND RECREATION ADVISORY BOARD FY 2017
11/21/16 4/17/17 6/19/17
Council Llaleon -Marla Marino '
p p NQ -·--....... p NQ
Allm• ... I ---:: • Ctamtaaa •. . p NQ
2016-2017
,Board Members
Carol Dutra Ellls (Chair) p A NQ
Maryanne Hedrick (Vice Chair ) p A NQ
ChrlstoDher Dlnolfo (Reaular Member) p A Resigned
Bruce Bonvento (Reaular Member) p p NQ
Matthew Lane (Reaular Member) A Resigned
Georae Wicker (Recular Member} p p NQ
Valerle Fennon (Reaular Member) p p NQ
Shelly Roe (Reaular Member) A p NQ
Joaeph R. Ruuo Jr. (2nd Alternate) p p NQ
P• PrNent
A•Absent
R• Rnlgned
NM • No MNtlng
C-Cancelled f f f I
NQ•No Quorum ... .... ... ~ .. i ! ~ 0
NAM • Not a Member J, :l
Excused Absence: Subpoena, Illness, Jury Duty i ~ ~ i
SM • Special Meeting ~ J I ! !
0
.; 'C "8 = C
~ N "' ...
City of Palm Beach Gardens Boarc .,,ease Note: Pursuant to FS 119.07 .the information provided In
A I. t· this application Is considered to be public record,
PP 1ca ion except as provided by law.
Last Name: First Name: MI: Nickname, if preferred:
...... F-e=ld =========1=Eudley==========1D ...... 1 ____ ___. Address: City: State: Zip:
:136==1 =P=re=stwi===ck=C==lrcl=e=·=U=n=lt=2================1 .... 1P-a-lm_Be_a_ch_G_a_f_den-s-----, ... 1 F_1on_·d_a __ _.fl .... 3_34_1_8 ___ ...,
Home Phone: Work Phone: Cell Phone: Email Address:
....._ _______ __,f ... !s6_1_-2_6_7_-9_4_16 ____ _.! ._fsa_1_-2_s_1_-94_16 _____ 1 ... ~-et-.d-~r@-g_m_al_l.-co-m _______ _
Years of Residency: Li Secondary Email Address:
Preferred Means of Contact: 1 ... Ce1_1_P_ho_ne ______ _.
Please place a check next to each board/committee on which you would be interested In serving:
By Code, some Boards/Committees have specific requirements for membership.
D Art In Public Places Advisory Board
Ii! Parks and Recreation Advisory Board
D Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5 :30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6 :00 p.m.)
(meets monthly on the 4th Thursday at 8 :30 a.m.)
(meets semi-monthly as called)
D Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice:
Second Choice:
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes @ No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes ® No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes @ No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? Oves ® No
If so, which one(s), and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
Providing input and strategies geared towards encouraging and improving on the health related benefits
associated with utilizing park areas and equipment. Making park areas more amenable to physical exercise for all
ages of citizens and fitness levels. Next Page
Present Employment: Profession:
~,-P-alm_Be_ac_h_C_ou_nty ___________ ___,l ... ~-"-Pl-ann_l_ng ______________ f
lddress: "-mon:
... f_300_N_orth __ J_og_R_oa_d_, w_est_P_a_1m_Beach __________ j ,._jSen_1_or_Pf_anner _________________ __.
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes ® No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced In the above profession? EJ
Could your occupation present a conflict of I nterest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, exp lain:
Professional Background (please check all that appl y )
D Acco unta nt
D Adult Spo rts Programming
D Aquatics Programming
D Architect
~ Archi t ect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
D Atto rney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
Di ploma/Degree
D Div. 2 MEP Contractor
D Engineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D NPB Coun Chamber of Commerce
~ Other: Social Science-Political Science
Institution
D Business Owner in PBG
D PGA Corridor Association
D Real Estate Professional
D Recreation Programming
D Senior-Targeted Activities
D Special Population Ad vocate
D Tennis Center Participant
D Visual / Literary Arts
D Volunteer from PBGYM
Course of Study
1. IP h.D/Do cto rate ll unive rsity of Florida II Political Science
::===================ll================:
2. jM .A.-Masters of Arts !!uni versi ty of Florida !!comparative Politics
3. jsache lor s of Arts -Honors II York University I ... IP_o_lit_ic_a_l s_c_ie_n_c_e _______ _.
Are you registered to vote in Palm Beach County? ® Yes O No
Have you participated in civic or community activities? ® Yes O No If yes, ex
How did you learn about the volunteer program for which you are applying?
-Poll Worker, Inspector -2002
North Palm Beach
-Vice-Chair Charter Review
Committee , Riviera Beach
® City Web Site O Community Group O Friend O Other: !._ _______ _,
Prior to submitting an a pplicati on, you are encou raged to attend one meeting.
Date Attended: I 1111212015
I understand the duti .. , role and t i me commitment to the Boards or Committees to whi ch I have applied. ~ Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~ C~~e of
Ethics Training. rm ~g1 e
Name: Date:
-F-ud_ley_G ___ R_e-ld------, 18 Nov 2015 Print Previ o us Page
txtActlvltyExplanation -Page 2
-Poll Worker, Inspector-2002
North Palm Beach
-Vice-Chair Charter Review
Committee, Riviera Beach
City of Palm Beach Gardens Boar
Application
lease Note: Pursuant to FS 119.07 the information provided in
1 this application Is considered to be public record, ·
except as provided by law .
.. La ... 111:_N_a_m_e_: _______ .. F_lrst ....... _N_a_m_e_: _______ MI: Nickname, If prefe r red:
I_Roche _____ fp_oseptt _____ JE] __ poe ____ ___.
Address: ~· State: Zip:
.. F_129_Vi_enet1 __ a_w_a_Y __________ __,I =l~=ll=mm=· B=e=ach===G=a=rde==n=s =========I =1 F=lo=n=·d=a==~~~, ... ~_34_1_s __ __,
Home Phone: Work Phone: Cell Phone: Email Address:
-, -----,, .------~, ~--1-6-3590_7_0 ----.n...,;;.;;·aks...;.roche@ ................ aol ..... co ....... m ____ _
Years of Residency: Li Secondary Emall Address:
~aksroche24@yahoo.com
Preferred Means of Contact: j._c_e1_1_P_ho_ne ______ __.
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
D Art In Public Places Advisory Board
liK Parks and Recreation Advisory Board
D Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
D Police Pension Board
{meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
{meets semi-monthly as called)
{meets quarterly as called)
* Required to file a statement of financial Interest form
If you have checked more than one box, which would be your:
Fi rst Choice: RAB -Parks and Recreation Advisory Board
Second Choice:
Third Choice :
Are you currently serving on a Palm Beach Gardens Board or Committee? Q Yes ® No
If so, which one(s)? I
Have you ever served on a Palm Beach Gardens Board or Commi ttee? Q Yes ® No
If so, which one(s), and when? I
Are you currently serving on a Palm Beach County Board or Committee? Q Yes ® No
If so, which one(s)? I
Have you ever served on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s), and when?
Are you able to attend: ® Daytime Meetings 0 Evening Meetings
What would you hope to accomplish by participating?
Improve the sports programs in Palm Beach Gardens
Next Page
.. ,.eti ... rv, .... red......,nt.......,,_E_,m_.p._l ... o_.y_m_e._n._t_: _____________ ... P.;.rof:=•=•.;,;lo-n..:.;: ___________________ _ .. t ____________________ __,j jRestaurant Industry-VP of Operations
Addreu: Position:
............ """"""' ....... _________________ _
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes @ No
Do you possess a City of PBG Occupational License? O Yes @ No
How many years have you practiced In the above profession? D
Could your occupation present a conflict of Interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that apply)
0 Accountant
fir' Adult Sports Programming
0 Aquatics Programming
D Architect
0 Architect Design/Urban Planner
0 Arts and Cultural Instlt. Mgmt.
0 Attorney
0 Banker
D Div, 2 MEP Contractor
D Engineer
D Environmental Professional
!if' Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D Business Owner In PBG
D PGA Corridor Association
D Real Estate Professional
fir' Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / Literary Arts
0 Building Construction
0 Div. 1 Bldg -General Contractor
Educational Background
0 NPB Courbt Cbarobec at Cornrnecce !if'Volunteer from PBGYAA
.._ __________ , D Other: _ .
Diploma/Degree Institution Course of Study
1 ..... ,G-B-A~~~~~~~~~~~~--.l,....ls_a_rn_H_o_u_s_to_n_S_ta_t_e_U_n_iv_e_rs-it-y~~~~~---.1,....IG_e_n-er_a_l B-u-s-in_e_s_s~~~~~~--,
2.
3.
Are you registered to vote In Palm Beach County? @Yes O No
Have you participated in civic or community activities? ® Yes O No
I
I
If yes, ex
How did you learn about the volunteer program for which you are applying?
Pres ident of basketball for
PBGYAA for 7 years and now
member of main board with at
large position
0 City Web Site O Community Group ® Friend O Other: ._! _______ _.
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: '------
I understand the duti•, role and time commitment to the Boards or Committees to which I have applied. !if' Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~ c~i• of
Ethics Training. 1JrJ Rg1 e
/9 r-....._m.....,.e .... : ___________ Date:
_Po_os_ep_h_R_oc_he ______ ... f 2 Mar 2016 Previous Page
I
I
·r.ia .:.:·
City of Palm Beach Gardens Boar
Application
lease Note: Pursuant to FS 119.07 the information provided In
this application Is considered to be public record,
except as provided by law. . . . ---"I -~'"""' r • -.. : ' f -;, .
\, ... ' ~ .l n. i .. ·
Last Name: First Name: MI: Nickname, If prefei'red:
:F=lack===m=a=n=================i p==ess==lca===================:1 D I .... J_es_s __________ ...
-~--\
~~ ~ ~= ~
._f44_1_s_oa_ffod __ 11_c_1rc1_e_s _________ __,jl_P_a_1m_B_ea_ch_G_a_rd_e_n_s _____ !j Florida j ._§_1_0 __ __,
Home Phone: Work Phone: Cell Phone: Email Address:
1=56=1=-6=7=6-=7=96==1 =========11 .... .-56=1=-6=2=4=-1=0=51=========1 Fs_1_-6_7_6-796_1 _____ j .;;;§~o-529@----h-ot_m_a_ll_.com _______ _
Years of Residency: D Seconda Emall Address:
"blackman@pallolaw.com
Preferred Means of Contact: .. I c_e1_1 P_ho_ne ______ __.
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
D Art In Public Places Advisory Board
!il" Parks and Recreation Advisory Board
D Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
D Police Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p .m.)
{meets monthly on the 4th Thursday at 8:30 a .m .)
{meets semi-monthly as called}
(meets quarterly as called)
* Required to file a statement of financial i nterest form
If you have checked more than one box, which would be your:
First Choice:
Second Choice:
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? Q Yes ® No
If so, which one{s)? J
Have you ever served on a Palm Beach Gardens Board or Committee? Q Yes ® No
If so, which one{s), and when?
Are you currently serving on a Palm Beach County Board or Committee? Q Yes ® No
If so, which one{s)? I
Have you ever served on a Palm Beach County Board or Committee? O Yes @ No
If so, which one{s), and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
to work with the city and community at large to make our parks and recreation options up to date and vital for our
children and to make sure that all children and activities are provided with equality and the ability to grow to the ir
full potenti al. Next Page
.... ------------------' J!m!m.____!._•_on_= _____________ I Pallo, Marks, Hernandez, Gechijian & DeMay, P.A. ~I _
Address: Position :
F.--100_R_C_A_B1-vd-.-. P-a-lm_B_e-ach_G_a-rde-ns-. F_L_3_34-10-----, _la_ttomey--------------------'
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? ® Yes O No
Do you possess a City of PBG Occupational License? ® Yes O No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (pl ease check all that apply)
D Accountant
D Adult Sports Programming
0 Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instlt. Mgmt.
~Attorney
D Banker
0 Div. 2 MEP Contractor
D Engineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D Business Owner In PBG
D PGA Corridor Association
D Real Estate Professional
D Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / literary Arts
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
0 NPB Cou,rf,ll.lbt1.1.C1.1ba .. rn1,1,1,1,1be-.C...i011..t .... C...inw.rn .... rn .... e .... n ... c .... ___ o Volunteer from PBGYAA
D Other: _ I
D iploma/Degree Institution Course of Study
t.1B.A. I ,...lu-n-iv-e-rs-it_y_of_S_o_u_th_e_m_M_a-in_e ______ __,l lcriminoiogy/Psychology
2. !Juris Doctorate ,:==,F=io=ri=d=a =C=o=as=t=al=S=c=h=oo=l=o=f =La=w=======:l::::IL=aw===========~
3. _______________ ......... _________________ ............. I ____________ ....
Are you registered to vote in Palm Beach County? ®Yes O No
Have you participated In civic or community activities? ® Yes O No If yes, ex 1 _
How did you learn about the volunteer program for which you are applying? .... _ -----------
0 City Web Site O Community Group ® Friend O Other: !...._ ______ __.
Prior to subm itting an application, you are e ncouraged to atte n d one meet ing .
Date Attended: I I
I understand the dutiu, role and time commitment to the Boards or Committees to which I have applied. l!K' Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~ c~ie of
Ethics Training, . rm ~gi e
,..N .... • .... m ...... e ... : -----------. Date:
p.__es_s_ica_M_B_la_c_k_m_a_n ____ __,! 10 Mar 2016 L_!rev lous Page
City of Palm Beach Gardens Boar
Application
lease Note: Pursuant to FS 119.07 the information provided in
this application Is considered to be public record,
except as provided by law •
.. La_st_N_a_m ___ e_: _______ .. F-lrst"""""""""N_a_m_e_: _______ MI: Nickna me, If preferred: _Fa1m _____ l.__~-""'------ID.__I ___ __
Addrea: City: State: ==
=p=12=~=0esert=====Vl=~=en==R=d===================1 :1P:a1:m==Be=ach===G=a=rden===s=========1 :1 F=1_or1-_-d=a====:1~ .__1_s __ __.
Home Pho ne: Work Phone: Cell Phone: Emall Address :
,------,, ~ -----i,-56-163-2-195_2 ___ 1 ;::.;.Fh.;.;.;;eim;.;.;.1.;.;.629@g;;;.;;;;;..;;;;;.;mal;.;..l.-com------
Years of Residency: EJ Secondary Ema ll Address:
I
Preferred Means of Contact: ... I N_o_pr_e_feren __ c_e _____ _,
Please place a check next to each board/committee on which you would be interested in servi ng:
By Code, some Boards/Committees have specific requirements for membership.
D Art In Public Places Advisory Board
if Parks and Recreation Advisory Board
D Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
D Police Pension Board
(meets quarterly on the 3rd Tuesday at 5 :30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
{meets monthly on the 2nd Tuesday at 6:00 p.m.)
{meets monthly on the 4th Thursday at 8:30 a.m .)
{meets semi-monthly as called)
{meets quarterly as called)
* Req ui red to file a statement of fl nanclal interest form
If you have checked more than one b ox, which would be your:
First Choice:
Second Cho ice:
Third Choice :
Are you currently servi ng on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one{s)? I
Have you ever served on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes ® No
If so, which one{s)? I
Have you ever served on a Palm Beach County Board or Committee? O Yes ® No
If so, which one{s), and when?
Are you able to attend : O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
Have input to ensure the continued availability of recreational programs and recreation space for community
residents
Next Page
,.,... ... P-=nt,;;;.;;E;;;;;m__..p_lo .... y._m=e-n .. t: ______________ ..,. ..,P.roa.feu==lo_n_: ________________ _
.. ~_-_e_m_p1_oy_ed ________________ _,! .. !1n_vest __ or __________________ _
Address: Position: ............... -------------------
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes @ No
Do you possess a City of PBG Occupational License? O Yes @ No
How many years have you practiced In the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain :
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
0Archltect
D Architect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
0Attomey
D Banker
D Div. 2 M EP Contractor
D Engineer
D Environmental Professional
liK Go lf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev . Board
D Bus i ness Owner In PBG
D PGA Corridor Association
D Real Estate Professional
liK Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / Literary Arts
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
!iK NPB Courbt Cbarobec at Cororoerce !iKVolunteer from PBGYAA
... -----------' D Other: .
Diploma/Degree Institution Course of Study
1 . l~B-a-ch_e_lo_r_o_f_Art_s ________ ~,1,....B-ra_n_d_e-is_U_n-iv-ers-ity---------~,~IE-c-on-0-m-i-cs----------.
2.
3.
Are you registered to vote in Palm Beach County? ®Yes 0No
I I
I I
Have you participated In civic or community activities? O Yes ® No If yes, ex1
How did you learn about the volunteer program for which you are applying?° .... -----------
® City Web Site O Community Group O Friend O Other: .... I _______ ....
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: I I
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. liK Agree
I understand If I am selected to serve on a board or committee, I am required to complete the PBG Mandat¥v CR~e of
Ethics Training. DIEi AQI e
Name: Date:
§nr-.......... drew ........ _H_e_lm--------., 31 Mar 2016 Previous Page
~L 1 -' + t ••.
City of Palm Beach Gardens Boa rel Please Note: Pursuant to FS 119.07 the information provided In
A I. t · this appllcatlon Is considered to be public record,
. . ·.-~
I • • •
PP 1ca ion except as provided by law. ·
'',l " .. ~,;· .. Last Name: First Name: MI: Nickname, if preferred:
i=Ma=rkwi=·t=h =========1 =rrederi==ck==========1DF_rec1 _____ _ Address: City: State: Zip:
:F=1=06==lle=~=C=l=rcl=e==N=orth=====================11 .. P_e_a __________ ~I =1 F=lon==·d=a=====i =e=34=1=0======= Home Phone: Work Phone : Cell Phone: Email Address :
=f6=1==626==7=4=3=7=========i =1N=/A===============1 ... 156_1_3_1_s_2_193 ____ __.! Farkwith@yahoo.com
Years of Res idency: EJ Secondary Email Address :
Preferred Means of Contact: .. I N_o_pr_ef_ere_n_c_e _____ ~
Please place a check next to each board/committee on which you would be interested i n serving:
By Co de, some Boards/Committees have specific requirements for membership.
D Art In Public Places Advisory Board
lil Parks and Recreation Advisory Board
D Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5 :30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8 :30 a.m.)
(meets semi-monthly as called)
D Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked mor e than one box, which would be y o ur:
First Choice:
Second Choice:
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes ® No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Comm i ttee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? 0Yes ® No
If so, which one(s}, and when?
Are you able to attend : O Daytime Meetings ® Even ing Meetings
What would you hope to accomplish by participating?
I play golf at the municipal course approxmately 3 times a week and I am very interested in the future of the
course!!
Next Page
Present Employment: Profession:
=-etnd-iiii--:---------------, ... =~out!!'ll.:Wft"Sa!!!'!!n!!"!!'~---------------
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes @ No
Do you possess a City of PBG Occupational License? O Yes @ No
How many years have you practiced In the above profession? Ll
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain :
Professional Background (please check all that apply )
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instlt. Mgmt.
D Attorney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
D Div. 2 M EP Contractor
D Engineer
D Environmental Professional
lil Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev . Board
D NPB Coun Chamber of Commerce
D Other: olunteer PBG golf course
D Business Owner In PBG
D PGA Corridor Association
D Real Estate Professiona l
D Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / Literary Arts
D Volunteer from PBGYAA
Di ploma/Deg r ee Institution Course of Study
1.
2.
3.
Are you registered to vote In Palm Beach County?
I
I
I
@ Yes 0No
I
I
I
Have you participated In civic or community activities? O Yes ® No If yes, ex1
How did you learn about the volunteer program for which you are applying? -------------
0 City Web Site O Community Group ® Friend O Other: ... I _______ _,
Prior to submitting an application, you are e ncouraged to attend one meeting.
Date Attended: I I
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. liJ Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~ c~ie of
Ethics Training. ml R g1 e
Name: Date:
-1F-red-e-rlc_k_C_._M_a_rkw_i_th ____ j 24 Jul 2014 Print Prev ious Page
City of Palm Beach Gardens Boar<l Please Note: Pursuant to FS 119.07 the information provided in
A Ii t· this application Is considered to be public record, PP ca ion except as provided ·by law.-
_La_s_t_N_a_m_e_: _______ ,.F_lrst __ N_a_m_e_: _______ MI: Nlc~name, If preterrec:1:
{z...._udan_n_s ___ __,I_IMa_tthew ____ !D_( -----
Addreu: City: state: :'.:'
:11=008==1=Seag====ra=pe==W=a=y===================1 =iP=a=lm=B=e=ach===G=a=rd=en==s=========i =1 F=lon==·d=a==~~~, .... ~_1_s __ __ Home Phone: Work Phone: Cell Phone: Emall Address: -,56-1---33 .... 7--7-7_4_7----... , ... , ---------.1 .... ,56-1--400---7-806-------., -,m-z-uda_ns_@-ya_h_oo-.eo-m ______ _
Years of Residency: EJ Secondary !mall Address:
I
Preferred Means of Contact: .. I c_e1_1_P_h_one _______ ..
Please place a check next to each board/committee on which you would be interested In serving:
By Code, some Boards/Committees have specific requirements for membership.
D Art in Public Places Advisory Board
lil Parks and Recreation Advisory Board
D Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
D Police Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
(meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice:
Second Choice:
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)? I
. Have you ever served on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s)? I
Have you ever served on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s}, and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
Provide feedback and recommendations from a residents that grew up in Palm Beach Gardens and is now raising a family in Palm Beach Gardens.
Next Page
Pruent Employment: ~· f ... _rea_t_eo_m_put_er_G_uY ______________ ..Jj .. tr_Contrac:t ___ or _________________ _
Address: Position: ,...,1008....,.._1 ..... Se .... ag-ra-pe-W-ay----------, _f,wner _______________ __,
Are you a Lobbyist? O Yes ® No
. .
Are you registered with Palm Beach County? O Yes @ No
Do you possess a City of PBG Occupational License? ® Yes O No
How many years have you practiced in the above profession? LI
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain : ·
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instlt. Mgmt.
D Attorney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
D Div. 2 MEP Contractor
D Engineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev . Board
D Business Owner in PBG
D PGA Corridor Association
D Real Estate Professional
D Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / Literary Arts
0 NPB Courtv Cbamber at Camroerce O Volunteer from PBGYAA
------------' D Other: .
Diploma/Degree Institution Course of Study 1.1 ,..B_S_B_A-----------~l'""lu-n-iv-e-rs-it_y_o_fF_l_on-.d-a---------~,, ... ~-IS-a-nd-F-in-a-nce-------~
2. l===============================li==:========= ==== ==== ======== ==== ==== ======== ==== ==== ==== ==== ==== ======== ==== ==== ===!,===il;:::::I ==========================:
3 . .........._____~~~____,.___~~~~--------'I....__I ~~~---------
Are you registered to vote In Palm Beach County? ®Yes O No
Have you participated In civic or community activities? ® Yes O No If yes, ex Previous member of various
PBGYAA Boards.
How did you learn about the volunteer program for which you are applying?
® City Web Site O Community Group O Friend O Other: ! _________ _,
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: I 0110512017
I understand the dutiu, role and time commitment to the Boards or Committees to which I have applied. if Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Mandal;Jl Cr%cte of
Ethics Training. 91
Name: Date: lr-M"""a"'"'tth .... e __ w_Z-ud_a_n_s ______ j 1 s Mar 2017
Previo:.;s Page
City of Palm Beach Gardens Boa rel Pl ease Note: Pursuant to FS 119.07 the information ~rovided in
A I. t · this application Is considered to be public record,
. PP 1ca ton ,except as provided by law. ~ ·
,.La_st_N_a_m_e_: _______ ,.Fl_rs_t_N_a_m_e_: _______ MI: Nickname, If preferred:
_jRoge_rs _____ l_lKe1_1y _____ lDI.__ _____ __.
Addreu: ~· State: Zip:
.. F_236_H_t_ck_ory_o_r __________ __,! =IP=alal=nm=· Beach=====G=ar1=den==s=========11=F=lorid=·=a=====1f .. 334_1_s __ __.
Home Phone: Work Phone: Cell Phone: Em ail Add ress: ,------,1...----------.,,..-56-126-7-172-5-----,1, ..... ke ..... llyrogers3 ................... 79@ ..... aol-.com-----
Years of Res i dency: D Secondary !mall Add reu:
Preferred Means of Contact: ... I N_o_pre_fere_n_ce _____ __.
Please place a check next to each boar d/committee on which you would be interested in servi ng:
By Code, some Boards/Committees have specific requirements for membership.
D Art In Public Places Advisory Board (meets quarterly on the 3rd Tuesday at 5:30 p.m.)
tiK Parks and Recreation Advisory Board (meets quarterly on the 3rd Monday at 6:00 p.m.)
D Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
D Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice:
Second Choice:
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? ® Yes O No
If so, which one(s)? .. f P_e_a_v_AA_B_a_se_ba_11 ____________ I
Have you ever served on a Palm Beach Gardens Board o r Committee? ® Yes O No
If so, which one(s), and when? ... !P_e_a_v_AA_B_ase_ba_1u_~_y_e_ars __________ __.!
Are you currently serving on a Palm Beach County Board or Committee? 0Yes ® No -------1 If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? 0 Yes ® No
If so, which one(s), and when?
Are you able to attend : O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
After running the 10Year Old World Serles for our City and the PBGYAA (along with several other large
recreational events), I hope to share my knowledge, experience, and commitment to improving our already
amazing parks and recreational programs. Next Page
..,P .. re .. H-ar;.nt;.:;..;;E;;,;,m:.:.p~l=-=o_.y.:.:m~en=t:.:.: ____________ ;;.P1.:rofpu.:i=•=lon:z:.=:.:..; _______________ ___,
._!Scorpl __ on_s B_aseba __ 11 _________ ___,I ._I ---------------
Address: Position: ~...;.,=;;.;.. _________________ ......,
._n_11_N_orth __ M_1_11ta_ry_T_ra_i_1._s_u1t_e_300 __ • _R_Iv_en_·a_B_ea_ch_, 334 __ 10 __ ____, !Mar1<.etlng and Administrative Director
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes @ No
Do you possess a City of PBG Occupational License? O Yes @ No
How many years have you practiced In the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain :
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instlt. Mgmt.
OAttorney
D Banker
D Div . 2 MEP Contractor
D Engineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D Business Owner In PBG
D PGA Corridor Association
D Real Estate Professional
~ Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / Literary Arts
D Building Construction
D Dlv .1 Bldg -General Contractor
Educational Background
0 NPB Courbt Cbarnbec at Cornrnecce ~Volunteer from PBGYAA
.. -----------' D Other: .
Diploma/Degree Institution Course of Study 1.j .-D-ip-l-om-a~~~~~~~~~~----.,1 ... J-u-pi-te_r_H-ig_h_S_c_h_o_ol~~~~~~~~~---., ... , ~~~~~~~-~~~~-,
2.
3.
!Northwood University
I
Are you registered to vote in Palm Beach County? @Yes O No
Have you participated In civic or community activities? @ Yes Q No
IIMarketing/Advertising
II
If yes, ex~ 1 O year Volunteer for the
PBGYAA
How did you learn about the volunteer program for which you are applying?
0 City Web Site O Community Group ® Friend O Other: ._! _______ _
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: I I
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. ~ Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~5i%i• of
Ethics Training •
.. N;.;a;;.:.me=;;.; __________ ... Date:
... IK_e_lly_R_og_e_rs ______ __,! 15 Mar 2017 Previous Page
I
I
City of Palm Beach Gardens Boar
Application
lease Note: Pursuan t to FS 11 9.07 the informat ion prov ided 11
this application Is considered to be publlc record,
except as provided by law.
Last Name: First Name: MI: Nickname, If preferred:
=r-===============1.__1---Ra=m=on=a============1EJ---. ______ _ \ddress: City: State: Zip:
_543-_-_-9=C=lcada====w=_ay-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_---=II =P=a=lm==Bea==ch==Ga==rde==n=s=========11=F=lo=rid==·=====1 .. , ... 3=34=1=8=======
iome Phone: Work Phone: Cell Phone: Email Address:
561-622-6164 I l .... 1o_J_-s_6_2_-2_4_52 ____ _.! ... E_o3-8_&_2_-2_4_52 _____ I ~-reekra--mo-na_Og_m_a_H.-com------
,ears of Residency: D Secondary Email Address:
>referred Means o f Contact: l .. eea __ Phone _______ _
>lease place a check next to each board/committee on which you would be interested in serving :
By Co de, some Boards/Committees have specific requirements for membership.
!il Art In Public Places Advisory Board (meets quarterty on the 3rd Tuesday at 5:30 p.m.)
riK Parks and Recreation Advisory Board (meets quarterly on the 3rd Monday at 6:00 p.m.)
D Planning, Zoning and Appeals Board *
!il Budget Oversight Committee
D Fire Pension Board
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
D Police Pension Board (meets quarterly as called)
* Requ i red to file a statement of financial i nte r est form
Cf you have checked mor e than one b ox, which would be y our:
First Choice: I AIPP -Art in Public Places Board
Second Choice: I BOC -Budget Oversight Committee
Third Choice: RAB -Parks and Recreation Advisory Board
\re you currently servi ng on a Palm Beach Gardens Board or Committee? O Yes @ No
If so, which one(s)7
iave you ever served on a Palm Beach Gardens Board or Committee? 0Yes ®No
If so, which one(s), and when?
\re you currently serving on a Palm Beach County Board or Committee? O Yes @ No
If so, w hich one(s)7 I
iave you ever served on a Palm Beach County Board or Committee? OYes @No
If so, which one(s), and when?
\re you abl e to attend : O Daytime Meetings ® Evening Meetings
Nhat would you hope to accomplish by participating?
Serving our community while also learning more about how citizens, including myself, can work together to help
Palm Beach Gardens thrive as it grows in number of residents and businesses.
'
Next Paae
.............. -···r·-•••• .. ••••
TreraYch~e~r~a~n_d_c_e_o_ot_th_e_Be_a_n_R_es_ld_e_n_ce _______ ___.l .. ~=--a:;~·.-nd-ca_retaker _______________ _
(ddress: P'oanioii:
5439---Clcadll--W-ay---------------, '---------------------
\re you a Lobbyist? O Yes ® No
\re you registered with Palm Beach County? O Yes ® No
>o you possess a City of PBG Occupational License? O Yes ® No
-tow many years have you practiced in the above profession? D
:ould your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
Jpon by the Board or Committee? O Yes ® No If yes, explain:
>rofessional Background (please check all that apply)
] Accountant
] Adult Sports Programming
] Aquatics Programming
J Architect
] Architect Design/Urban Planner
] Arts and Cultural Instit. Mgmt.
J Attorney
J Banker
] Building Construction
] Div. 1 Bldg • General Contractor
:ducational Background
. ..
Diploma/Degree
!English B.A.
D Div. 2 MEP Contractor
D Engineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
0 Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D NPB Coun Chamber of Commerce
!if Other: Federal Govt + US House staff
Institution
llunivers,ty of Florida
IMa,ymounl UnM!fSil)I
\re you registered to vote In Palm Beach County? ®Yes 0No
D Business Owner in PBG
D PGA Corridor Association
D Real Estate Professional
0 Recreation Programming
D Senior-Targeted Activities
0 Special Population Advocate
D Tennis Center Participant
!if Visual / Literary Arts
D Volunteer from PBGYAA
Course of Study
I
I MA Educa~on (Incomplete)
-lave you participated In civic or community activities? ® Yes O No If yes, ex Only as an attendee ...
How did you learn about the volunteer program for which you are applying?
~ City Web Site O Community Group O Friend O Other: ... f _______ _,
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: I 1111012015
understand the duti•, role and time commitment to the Boards or Committees to which I have applied. !if Agree
understand If I am selected to serve on a board or committee, I am required to complete the PBG MandalvfX Cmte 01
:thlcs Training. 9 1
lame: Date: -iA_m_nn_A_V_~-R,i.-,.-n------, ,~ nrt ,n1 ~ Print Previous Paae
.i:""' .. , .. :z.., City of Palm Beach Gardens Boar ~+~"' ... . . ;ii
lease Note: Pursuant to FS 119.07 the information provided In
this application Is considered to be public record,
except as provided by law.
, r • • ~ ~ .. \ ...... Yi I•.,~
~ .. -
Application
Last Name: First Name: MI: Nickname, if preferred:
F=ort=e=r ============1 .... ,-st_a_c_e-y~::_-_-_-_ -----_ ---..... 1 D .... 1 -------
Address: City: State: Zip:
:11=0=10=2=o==ak==Ba=rk==L=a=ne====================1 .. ,P-a-,m-B-ea_ch_G_a_11-de_n_s _____ j _j Fl_o_n_·d_a ___ , :1334==1=0=======
Home Phone: Work Phone: Cell Phone: Emaif Address:
,-51-0--32_5-443_2 ____ ! ..__! ______ j js10-325-4432 f -F-p8@-ho_tma_il_.com _____ _
D ---Years of Residency: ... s_e_co_n_d_a _rv_E_m_a_i_l_A_d_d_r_e_s_s_: ----
f Preferred Means of Contact: ... I c_en_P_ho_ne ______ _
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
0 Art In Public Places Advisory Board
lif Parks and Recreation Advisory Board
!if Planning, Zoning and Appeals Board *
0 Budget Oversight Committee
0 Fire Pension Board
{meets quarterly on the 3rd Tuesday at 5:30 p.m.)
{meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
0 Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice: j RAB -Parks and Recreation Advisory Board
Second Choice: j PZAB -Planning, Zoning & Appeals Board
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? OYes ® No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? 0Yes ® No
If so, which one(s), and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
I hope to bring a fresh perspective as a newer citizen of PBG. I have a background in project management and in
non profit boards. I would love to help this exciting city In any way I can.
Next Page
Present Employment: Profession :
,,..lc_h_a_tta_noog __ a_Sta-te_C_o_m_m_u_n_lty_C_oll_eg_e ________ '""'! laeoa~pher/Geomorphologlst
... ~ial"!!al'!! .... =.~=-------------------1aw.--... ilmo-n~=-------------------______________________ F ... -di-~u-nct_P_r_o~-e-ss-or------------------.
Are you a Lobbyist? 0Yes ®No
Are you registered with Palm Beach County? O Yes ® No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (p lea se check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cul t ural Instit. Mgmt.
D Attorney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
D Div. 2 MEP Contractor D Business Owner in PBG
D Engineer D PGA Corridor Association
~ Environmenta l Professional D Real Estate Professional
D Golf Course Participant D Recreation Programming
D Horticulture &. Landscaping D Senior-Targeted Activities
D Land Surveyor ~ Specia l Population Advocate
D Landscape Architect D Tennis Center Participant
D Member of Bus. Dev. Board D Visual/ Literary Arts
D NPB county Chamber of Commerce D Volunteer from PBGYAA
D Other: _l _______ __,!
D i plom a/Degree Institut ion Co u r se of Stud y
l, IBS Geography II Texas A&M University !!Geography/Enviro nmen tal Scienc I
2. IMS Geography 11:=u=n=iv=e=rs=it=y =of=l=lli=no=i=s ==========l11Geog raphy/Fluvial Geomorpholog ·1
3 • ...._____~~~~~::=:::::=================::::::=:1.__~~~~-------'I
Are you registered to vote in Palm Beach County? ®Yes O No
Have you participated in civic or community activities? ® Yes O No If yes, ex
How did you learn about the volunteer program for which you are applying?
I have a family and we
part icipate in recreation activitie s
and community events in the
city.
® City Web Site O Community Group O Friend O Other: -' --------
Prior to subm i tting an application, you are encouraged to attend one meeting.
Date Attended: ... l _____ _,
I understand the dutiea, role and time commitment to the Boards or Committees to which I have applied. ~ Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Mandat;Jl5r%'te of
Ethics Training.
Name: Date: fs __ tace_y_P-ort_e_r _______ j 29 Oct 2015
Print Pr evious Page
City of Palm Beach Gardens Boa rel Please Note: Pursuant to FS 119.07 _the information ~rovided in
A I. t· this application is considered to be public record,
PP 1ca ion except as provided by law.
Last Name: First Name: MI: Nickname, If preferred:
_F-eec1==========1:1chel=sea=========10_1 ______ _ Address: City: State: Zip:
=P4==S=a=tlnwood=====L=a=ne======================1 .. 1P_a_1m_B_ea_ch_G_a_~_de_n_s _____ jj-Fl-on-.d-a--... ,-,334-1_0 ___ _
Home Phone: Work Phone: Cell Phone: Email Address:
_,56_1_-s_2_6-4_38_1 _____ !1 __ ~3-0_-2_3_o_-3_6_86 ____ ...... l jss1,427-800s I ""f_hel_s_r_eed@ __ g_m_a_ll_.co_m ______ _
Years of Residency: ~ Secondary Email Address:
jcreed@splne.~
Preferred Means of Contact: .. I N_o_pr_e_f.e_nce ______ _.
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
~ Art in Public Places Advisory Board
~ Parks and Recreation Advisory Board
~ Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
D Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice: j AIPP-Art in Public Places Board
Second Choice: j PZAB -Planning, Zoning & Appeals Board
Third Choice: RAB -Parks and Recreation Advisory Board
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes ® No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? 0Yes ® No
If so, which one(s), and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
SeNing on a board/committee would allow me to make a valuable contribution to the board/committee, seNe our
community and be a productive part of Palm Beach Gardens.
Next Page
Present Employment: Profession:
~~N-o_rt_h_Am_e_ri_~_n_S_p_i_ne_F_ou_n_d_a-tio-n-----------,!Nonprofit
lddress: ~Poi~-ltlo~n~:~-~----------------------------...
...__s_a_ti_nw_ood __ L_a_n_e_, P_a_1_m_B_e_a_c_h_G_a_rd_e_n_s._F_L_3_34_1_0 _____ ..,l _e_u_s1_ne_ss_D_ev_e1_o_p_m_e_nt_M __ ana __ ger __________________ _
Are you a Lobbyist? Q Yes @ No
Are you registered with Palm Beach County? ® Yes Q No
Do you possess a City of PBG Occupational License? Q Yes @ No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain :
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
D Attorney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
Diploma/Degree
D Div. 2 M EP Contractor
D Engineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D NPB Coun Chamber of Commerce
!if Other:
Institution
D Business Owner In PBG
0 PGA Corridor Association
0 Real Estate Professional
0 Recreation Programming
0 Senior-Targeted Activities
0 Special Population Advocate
0 Tennis Center Partici pant
!il'Visual / Literary Arts
0 Volunteer from PBGY AA
Course of Study
1, lcertificate in Nonprofit Leadership & Mg lluniversity of Florida llsusiness (Nonprofit) 2016
l================l
2, IBA IIFlorida Atlantic University IIPsychology/B iology
3, ,PTA lllynn University I .... IP_h_ys_ic_a_l_T_he_r_a_py _______ _,
Are you registered to vote in Palm Beach County? ® Yes O No
If yes, ex1
How did you learn about the volunteer program for which you are applying? ..... ------------'
Have you participated In civic or community activities? Q Yes @ No
® City Web Site O Community Group O Friend O Other: ... I _________ ~
Prior t o submitting an application, you are encouraged to attend one meeting.
Date Attended: ... I ______ _.
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. !if Agree
I understand If I am selected to serve on a board or committee, I am required to complete the PBG Mandat;fl5~~e of
Ethics Training. e
Name: Date:
~-h-el_sea_R_eed ________ l 29 Oct 2015 Print Previous Page
City of Palm Beach Gardens Boar
Application
lease Note: Pursuant to FS 119.07 the information provided In
this application Is considered to be public record,
except as provided by law • •
Last Name: First Name: MI: Nickname, if preferred:
=fwe=r==========1:F•=ylor==========101_ -~----Address: City: State: Zip:
Fa:=2=7=Atthe====•=W=a=y======================11 ,-P-a-lm-Bea_c_h_G_a_rd_en_s-----,1 ... 1 F_lorl_d_a __ _.le .--34-1_0 __ _
Home Phone: Work Phone: Cell Phone: Email Address:
______ I ...._I ________ , _r5_1-38_9-_1_973 ___ , -Ffl-nch86@--aol-.co-m _____ _
Years of Residency: Li Secondary Email Address:
Preferred Means of Contact: .. f E_m_ai_l --------
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
!iK' Art In Public Places Advisory Board (meets quarterly on the 3rd Tuesday at 5 :30 p.m.)
!iK'Parks and Recreation Advisory Board (meets quarterly on the 3rd Monday at 6:00 p.m.)
D Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
0 Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice: RAB -Parks and Recreation Advisory Board
Second Choice: j AIPP -Art in Public Places Board
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? Q Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? Oves ®No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? Q Yes ® No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? 0Yes @No
If so, which one(s), and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
I have never lived outside of PBG, and do not plan to go anywhere else. We are a young family, and would love to
help ensure PBG continues to grow its businesses and public places to inspire and support happy healthy families
Next Page
Present Employment: Profession: b--,-ifomla--C-losets--------------, foestgner/sales
Dariii: .. Poi ....... lt .. io'"'"n ... :-------------------
... F_32_1_Althea ___ wa_Y ________________ ! ._!D_e_si_gn_Con_s_u1_tan_t ______________ _
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? Q Yes ® No
Do you possess a City of PBG Occupational License? Q Yes ® No
How many years have you practiced I n the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board o r Committee? O Yes ® No If yes, explain :
Professional Background (please check all that ap pl y)
D Accountant
D Adult Sports Programming
D Aquatics Programming
0Architect
D Architect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
0Attorney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
Diploma/Degree
1. lsachelors of science
2.
3.
D Div . 2 MEP Contractor D Business Owner in PBG
D Engineer D PGA Corridor Association
D Environmental Professional D Real Estate Professional
D Golf Course Participant O Recreation Programming
D Horticulture & Landscaping D Senior-Targeted Activities
D Land Surveyor D Special Population Advocate
D Landscape Architect D Tennis Center Participant
D Member of Bus. Dev . Board D Visual/ Literary Arts
D NPB County Chamber of Commerce D Volunteer from PBGYAA
0 Other: _! _______ I
Institution Course of Study
II Florida Atlantic University I IMarketi ng /business management
I
II
Are you registered to vote In Palm Beach County? ®Yes O No
Have you participated i n civic or community activities? ® Yes O No
I
I
If yes, ex1
How did you learn about the volunteer program for which you are applying? ..... -----------
0 City Web Site O Community Group O Friend ® Other: fways wanted to be invol i
Prior to submitti ng an application, you are encouraged to attend one meetin g.
Date Attended : I I
I understand the duties, role and time commi tment to the Boards o r Commi ttees to whi ch I have applied. ~ Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~ C~de of
Ethics Training. Im A g1 e-e
Name: Date:
~.--aylor--E-we_r _______ l 29 Oct 201·5
Print Prev ious Page
City of Palm Beach Gardens Boa rel Please Note: Pu r suant to FS 119.07 the informati on provided in
A I• t· this application Is cons idered to be pub li c record,
PP 1ca ion except as provided by law.
Last Name: First Name: Ml: Nickname, If preferred: ~==rano======,~========101 _____ I Address: aty: State: Zlpc
e:=26==E=T=al=l=O=a=k=s=C=lr=====================i :1P=al=m==Bea==ch==G=a=rd=e=n=s=========:, ... 1 ... F=lo=ri=d=a=====1 p==34=1=0======= Home Phone: Work Phone: Cell Phone: Email Address:
--------,--, -------, ,850-443-7668 I r-Fa-ta-lle-.m-.cepara--n-o@_ch_ase ___ com ___ _
D
____ ___,
Years of Residency: Secondary Email Address:
Preferred Means of Contact: I ... Emat __ , ---------'
r ... -mc5-3-27_@yahoo ____ com _______ _
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
iil Art in Public Places Advisory Board
!ilParks and Recreation Advisory Board
D Planning, Zoning and Appeals Board *
D Budget Oversi ght Committee
D Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5 :30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6 :00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
D Police Pension Board (meets quarterly as called)
Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice:
Second Choice:
Third Choice:
I RAB -Parks and Recreation Advisory Board
I AIPP -Art in Public Places Board
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes @ No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes @No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes @ No
If so, which one(s)?
Have you ever served on a Palm Beach County Board or Committee? @Yes O No
If so, which one(s), and when? lwater Advisory Committee
Are you able to attend: @ Daytime Meetings O Evening Meetings
What would you hope to accomplish by participating?
As a resident of Palm Beach Gardens, I am looking for the opportunity to participate a nd assist with more
community development through various programs that m ay b e offered.
Next Page
Present Employment: Profession:
LPM~JP_M_o-~-an_C_h-ase------------------------,,(e.;,ng I
X'aaress: •Nifflii:iillao1R.•nir:---------------
'-!1_1364 __ u_s_Hwy __ 1,_P_B_G_,_FL_334_o_a _________ __.! ... F_ra_nch __ M_an_ag_ar _______________ _.
Are you a Lobbyist? O Yes @ No
Are you registered with Palm Beach County? @ Yes O No
Do you possess a City of PBG Occupational License? O Yes @ No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes @ No If yes, explain:
Professional Background (please check all that apply)
0 Accountant
0 Adult Sports Programming
. D Aquatics Programm ing
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Inst it. Mgmt.
DAttorney
!ilBanker
D Building Construction
0 Div. 1 Bldg -General Contractor
Educational Background
1.
2.
3.
Dlploma/Oegree
BS Marketing and Management
D Div. 2 MEP Contractor
D Engineer
D Environmental Profess i onal
D Go lf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D NPB Courty Chamber of Commerce
D Other: _
Institution
!Florida State Unlveniity
I
Are you registered to vote In Palm Beach County? @Yes O No
Have you participated In civic or community activities? @ Yes O No
I
D Business Owner In PBG
D PGA Corridor Association
D Re a l Esta t e Professional
D Recreation Programming
D Sen ior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / Literary Arts
D Volunteer from PBGYAA
Course of Study
11
I
If yes, ex~ Volunteer through Junior League
of Palm Beaches, Habitat for
Humanity
How did you learn about the volunteer program for which you are applying?
@ Oty Web Site O Community Group 0 Friend 0 Other:
Pr >r ubmitting an application, you ,re ncou .i ~nd one meeting.
Date Attended: I I
I understand the duti•, role and time commitment to the Boards or Committees to which I have applied. nff' Agree
I understand If I am selected to serve on a board or committee, I am required to complete the PBG Manda'1J C,%'t• of
Ethics Training. g1
Name: Date:
, ... N_a_tal_le_C_epa_'r_ano ______ j s Mar 2014 Print Previous Page
I
City of Palm Beach Gardens Boa re Please Note: Pursuant to FS 119.07 .the information provided in
A Ii i this application Is considered to be public record,
PP cat on except as provided by law.
Last Name: First Name: MI: Nickname, If preferred:
=emi=a=======,~=.::.=" =======101 ______ _ Address: -•.-• State: Zlp1
... F_1a_&_oa_r1_1ng1o __ n_Str_ee_t ________ ~jj ,..P-al_m_B_aa_ch_Ga_r_da_n_s ___ __,I ... I F_1ori_c1a ___ l! ... 3_34_1_8 __ _
Home Phone: Work Phone: Cell Phone: Email Address:
.... !s1_6_-3_13-0_768 ______ ! ._j ______ _.I .... !s1_6_·3_13-0_76_8 ___ _,,l ~ .... -n-.a-.ci-ccone@--gm-a-ll-.com-----
Years of Residency: D Secondary Email Address:
Preferred Means of Contact: .. I c_e1_1 Ph_on_e ______ _.
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
!if Art In Public Places Advisory Board
!if Parks and Recreation Advisory Board
!if Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
{meets monthly on the 4th Thursday at 8:30 a.m.)
{meets semi-monthly as called)
D Police Pension Board (meets quarterly as called)
* Required to file a statement of financial interest form .
If you have checked more than one box, which would be your:
First Choice: RAB -Parks and Recreation Advisory Board
Second Choice: j AIPP -Art in Public Places Board
Third Choice: I PZAB -Planning, Zoning & Appeals Board
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes @ No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes ® No
If so, which one{s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes @ No
If so, which one{s)?
Have you ever served on a Palm Beach County Board or Committee? 0Yes ® No
If so, which one(s), and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
Hope to bring a different perspective to the comm ittees and help create a more beautiful city that inspires growth
opportunities.
Next Page
Present Employment: Professi on:
-~-~-~tts-res_M_
9
-ir~-d-e_G_ro-----------------.l lll=!Zii1Rlil:ii!~r------------------'
... F25_0keechobee ___ B1vd _________ __,f L-Feg_1ona1_H_R M_a_nager __________ __.l
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes ® No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain: I . I
Professional Background (please check all that apply) _ .
D Accountant
D Adult Sports Programming
D Aquatics Programming
OArchitect
D Architect Design/Urban Planner
D Arts and Cultural Instlt. Mgmt.
OAttorney
0 Banker
0 Building Construction
D Div. 1 Bldg -Genera l Contractor
Educational Background
D Div. 2 MEP Contractor
D Engineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
0 Member of Bus. Dev. Board
0 NPB County Chamber of Commerce
!il Other: !Human Resources I
0 Business Owner In PBG
0 PGA Corridor Association
D Real Estate Professional
D Recreation Programming
0 Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / Literary Arts
D Volunteer from PBGYAA
Di ploma/D egree Institution Course of Study
1, ,B achelors IIBingha mton University ,1,...P-y-sc_h_o_lo-g-y/_B_u-si-ne_s_s-------,1
:: ~~l========================================,1l========~~1
Are you registered to vote in Palm Beach County? @Yes O No
Have you participated In civic or community activities? ® Yes O No If yes, exi: WPB Ch~mber of Commerce
Leadership Program
How did you learn about the volunteer program for which you are applying?
® City Web Site O Community Group O Friend O Other: I I
Prior to submitting an application, you are encouraged to attend one meeting. -Date Attended: I I
I understand the dutl•, role and time commitment to the Boards or Committees to which I have applied. fil f'gree
I understand If I am selected to serve on a board or commi ttee, I am required to complete the PBG Mandatil'l~cte of
Ethics Training.
Name: Date: ...
,-~-yn-n_C_la:one ________ f 1s Jun 2014
Print Previous Page
City of Palm Beach Gardens Boar
Application
lease Note: Pursuant to FS 119.07 the information provided in
this appllcatlon is considered to be public record,
except as provided by law •
.. La_st_N_a_m_e_: _______ .. Fl_rst ..... _N_a_m_e_: _______ MI: Nickname, If preferred: __ ICoppage _____ l§ai.__, ___ __...tDI ______ _
Address: City: State: Zip:
:11=1=R=a=bblts===R=u=n========================1 :1P=a=lm==Be=a=ch==G=a=r=den==s==========11=F=lo=n=·d=a=====1 :13=34=1=8======= Home Phone: Work Phone: Cell Phone: Email Address:
... Feo-,..===20=5-8==6=34==========1 ... 186-o--2-0-5--8-6-34-----,Fs .__0-_2_o_s-s_s_34 _____ , .. ,ga-i-loco_p_pa_ge@_g_m_a_il_.com ______ .....,.
0'='"=1 .....______.
Years of Residency: Secondary Emall Addreu: I
Preferred Means of Contact: .. I e_m_ai_l --------
Please place a check next to each board/committee on which you would be interested In serving:
By Code, some Boards/Committees have specific requirements for membership.
.,.. Art in Public Places Advisory Board
.,.. Parks and Recreation Advisory Board
.,.. Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
.,.. Police Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
{meets semi-monthly as called)
(meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice: j AIPP -Art in Public Places Board
Second Choice: RAB -Parks and Recreation Advisory Board
Third Choice: I Police -Police Pension Board
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)? I
Have you ever served on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes ® No
If so, Which one(s)? I
Have you ever served on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s), and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
I would like to offer my interest and expertise in support of the community in which I live.
Next Page
Present Employment: ~rofessl on: ... §e __ Coppa __ ge_eo_m_pa_ny_._,nc_. ___________ ..,! jsusiness & Education Consultant
Address: Position: l .. 1 .... 1 _Ra __ bb_lts __ R_u_n_, P_af_m_B_each--Garde--n-s_FI _________ I ... Fe_s1_c.1en_t __________________ ..
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes ® No
Do you possess a Ci ty of PBG Occupational License? O Yes ® No
How many years have you practiced I n the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain :
Professional Background (please check all that app ly}
D Accountant
0 Adult Sports Programming
0 Aquatics Programming
0 Architect
D Architect Design/Urban Planner
0 Arts and Cultural Instlt. Mgmt.
D Attorney
D Banker
D Building Construction
0 Div. 1 Bldg -General Contractor
Educati onal Background
D Div. 2 MEP Contractor li!'Buslness Owner In PBG
D Engineer D PGA Corridor Association
0 Environmental Professional D Real Estate Professional
!if Golf Course Participant D Recreation Programming
D Horticulture & Landscaping Ii!' Senior-Targeted Activities
D Land Surveyor O Special Population Advocate
D Landscape Architect D Tennis Center Participant
D Member of Bus. Dev. Board D Visual/ Literary Arts
D NPB Coul,&l,,li1..a...1.u:u.1,M,11;u,,-i, ....... ..uu..i.u.ul:,L,l.,j--0 Volunteer from PBGYAA
fiK Other:
D iplom a/Degree Institution Course of Study
1. !Master of Science Degree , .... ,C_e_n-tra_l_C_T_S_t_a-te_U_n-iv_e_rs_i_ty-------, .... ,P_u_b_lic_A_d_m_i_rn_·s-tra-t-io_n _____ ___
2. !Bachelor of Science Degree lluniversity of Hartford II Music Education
~=============l
3.1 ____ ~~~_______.I ___ I ~~~----'
Are you registered to vote In Palm Beach County? ®Yes 0No
Have you participated In civic or community activities? ® Yes O No If yes, ex
How did you learn about the volunteer program for which you are applying?
PGA Corridor: Business to
Business Women's Network:
Meals on Wheels; PBSC Global
Ambassador
0 City Web Site O Community Group ® Friend O Other: ... I _______ _,,
Prior to subm i tting an application, you are enc ou rag e d to atte nd one meet ing .
Date Attended: I 1210712015 I
I understand the duties, role and t ime commitment t o the Boards or Committees to w hich I havo applied. liJ Agree
I understand if I am selected to serve on a board o r committee, I am required to complete the PBG Manda~ C,%ie of
Ethics Training. 1J!J ~g1 e
.. N ... a .. m....._e .._: -----------. Date:
_§_a_n_c_o_pp_a_g_e ______ ... 14 Aug 2016 Previ ous Page
City of Palm Beach Gardens Boa rel Please Note: Pursuant to FS 119.07 the information provided In
A II ti this application Is considered to be public record,
PP ca on except as provided by law.
Last Name: First Name: MI: Nickname, if preferred:
=~========1=~8900========101.__ ----' Address: City: State: Zip:
_f-1,404==1=4th==Co=l.lt=================1=1Pal=m=Beach===G=a=rdens========1-1Florlda ___ j_§_1_0 __
Home Phone: Work Phone: Cell Phone: Email Address:
I '~'----~I_F_1·~_._1~_1 __ ~1-Fooo-perez-~-.-.~----
Years of Residency: EJ Secondary Emall Address:
Preferred Means of Contact:f .. Email _________ _. I
Please place a check next to each board/committee on which you would be interested In serving:
By Code, some Boards/Committees have specific requirements for membership.
D Art In Public Places Advisory Board (meets quarterly on the 3rd Tuesday at 5:30 p.m.)
lil Parks and Recreation Advisory Board
lil Planning, Zoning and Appeals Board *
D Budget Oversight Committee
D Fire Pension Board
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
D Police Pension Board (meets quarterly as called)
* Required to file a statement of financial Interest form
If you have checked more than one box, which would be your:
First Choice: I PZAB -Planning, Zoning & Appeals Board
Second Choice: RAB -Parks and Recreation Advisory Board
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? Q Yes @ No
If so, which one(s)?
Have you ever served on a Palm Beach Gardens Board or Committee? Oves @No
If so, which one(s), and when? I
Are you currently serving on a Palm Beach County Board or Committee? Q Yes @ No
If so, which one{s)?
Have you ever served on a Palm Beach County Board or Committee? 0Yes @No
If so, which one(s), and when? I
Are you able to attend: O Daytime Meetings @ Evening Meetings ·
What would you hope to accomplish by participating?
Further my knowledge on future community plans and details for the City I call home and to contribute when/Where
I can.
j Next Page I
Present Employment: Profession:
Per-erez--&-Du_Boi_s_R_e_al_E_stat_e __________ , __ '!!"'!Nl!!WIIEltatel!W'!!!"!!'!---------------'
kaares•: · ~lion:
..... l1-0t_1~_COU't. __ PBG_334_1_0 ______ ____.I~---------------'
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes @ No
Do you possess a City of PBG Occupational License? O Yes @ No
How many years have you practiced In the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
0Archltect
D Architect Design/Urban Planner
D Arts and Cultural Instlt. Mgmt.
OAttorney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
D Div. 2 M EP Cc;>ntractor
lif Engineer
lif Environmental Professional
0 Golf Course Participant
D Horticulture &. Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D NPB L Chamber of Commerne
Oother: _ I
D Business Owner In PBG
D PGA Corridor Association
lif Real Estate Professional
D Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / Literary Arts
0 Volunteer from PBGYAA
Diploma/Degree Institution Course of Study
1. !Bachelor Of Science "Florida State University !!Geography/Urban Regional Plan
l==================l
2. !Associate Of Arts !!Palm Beach State College !!General
l===============I
3
• .____I ~~~--------'I I...___________~~~----'
Are you registered to vote In Palm Beach County? @Yes 0No
Have you participated In civic or community activities? O Yes @ No If yes, ex1
How did you learn about the volunteer program for which you are applying? ..... -----------
® City Web Site O Community Group O Friend O Other: .. I ____ .,... __ _,
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: I 10108/2013
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. 1if Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~5~e of
Ethics Training,
Name: Date:
~---D-uBo1_s ______ l 2s Sep 2013 r Prtrit . 11 Previous Page I
City of Palm Beach Gardens Boa rel Please Note: Pursuant to FS 119.07 the information provided in
A I. i this application Is considered to be public record,
PP 1cat on except as provided by law •
.. La_st_N_a_m_e_: _______ ,_F_lrst __ N_a_m_e_: ________ MI: Nickname, If preferred:
~-emier _____ f_foane _____ fD __ I -----
Address: City: State: Zip:
:11:083==:B=edfor,===d=A=v=e======================t :1P=a=lm==Be=ech===G=a=11=den==s==========1 =1 F=lori==d=a==~~~I =e=3403========= Home Phone: Work Phone: Cell Phone: Email Address:
:1 =================, =i5=6=1-=5=94=-=14=3=7=========1 _es_1-_10_3-_7s_2_3 _____ 1~ ... -,e-itn_er_@wa--rdda--m-on ___ com ______ _
Years of Residency: D Secondary Emall Address:
jdaneleitner@gmail .com
Preferred Means of Contact: j_N_o_pr_eterence _______ ....J
Please place a check next to each board/committee on which you would be Interested In serving:
By Code, some Boards/Committees have specific requirements for membership.
D Art In Public Places Advisory Board
SK Parks and Recreation Advisory Board
SK Planning, Zoning and Appeals Board *
SK Budget Oversight Committee
D Fire Pension Board
(meets quarterly on the 3rd Tuesday at 5 :30 p.m.}
(meets quarterly on the 3rd Monday at 6:00 p.m.}
(meets monthly on the 2nd Tuesday at 6:00 p.m.}
(meets monthly on the 4th Thursday at 8:30 a.m.}
(meets semi-monthly as called)
0 Police Pension Board (meets quarterly as called)
* Required to fi le a statement of financial i nterest f orm
If you have checked more than one box, which would be your:
First Choice: I PZAB -Planning, Zoning & Appeals Board
Second Choice: RAB -Parks and Recreation Advisory Board
Third Choice: j BOC -Budget Oversight Committee
Are you currently serving on a Palm Beach Gardens Board or Committee? Q Yes ® No
If so, which one(s)? I ~ I
Have you ever served on a Palm Beach Gardens Board or Committee? Oves ®No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? Q Yes ® No
If so, which one(s)? I
Have you ever served on a Palm Beach County Board or Committee? Q Yes ® No
If so, which one(s}, and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
I would like to serve my community and apply my expertise as an attorney to benefit our great city. As I am a real
estate litigation attorney I am able to understand the dynamics of issues and requests and help provide
recommendations to the city council, as well as decide other requests brought before the comm ittee, all for the Next Page
;-P.;..; ..... =:.:.n:.:t~E:.:.m:.:.p~l:.:O:.aY.:.:ffl:.:.;e::.::n::.;:t:.:.: ___________ __,, :;;.P.:.:ro~t~•=•=ili:o:!.:n::.: _______ ...;.. _______ __,
Jw ... _a_l'i_d_o_a_m_o_n ________________ __.l ... F_n_orne __ Y __________________ __.
Address: Position:
.. §-20-B-eaco--n-C-i-rcl_e_,_W_e_s_t -Pa_l_m_B_e_a_c_h_, F_L_3_34_0_7------.l ... ~ __ ·at_e __________________ _
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? Q Yes @ No
Do you possess a City of PBG Occupational License? O Yes @ No
How many years have you practiced In the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instlt. Mgmt.
!il' Attorney
D Banker
D Div. 2 M EP Contractor
D Engineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D Business Owner in PBG
D PGA Corridor Association
D Real Estate Professional
D Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / Literary Arts
D Building Construction
D Div. 1 Bldg -General Contractor
D NPB Courbt Cbarnbec nf Cornrnecce D Volunteer from PBGYAA
... -----------' D Other: .
Educational Background
Diploma/Degree Institution Course of Study
1 .... ,B-a-c-he-1-or_o_f_S_c_ie_n_ce ______________ .......,l!=IF=lo=ri=d=a=S=ta=te==U=n=iv=ers==ity==================ll========================:::::::l
2. ,Juris Doctor IIN ova Southeastern University
3.
Are you registered to vote In Palm Beach County? ®Yes O No
Have you participated In civic or community activities? ® Yes O No If yes, ex
How did you learn about the volunteer program for which you are applying?
0 City Web Site O Community Group O Friend ® Other: !Maria Marino
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: ... I _____ __,
I am on the board f::-rthe Young
Lawyers of Palm Beach County
and I'm the President of my
HOA.
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. ~ Agree
I u';'derst'!n~ if I am selected to serve on a board or committee, I am required to complete the PBG Manda\l'l5.%cte of
Ethics Training,
.,Na=m=e;.;.: ___________ Date:
... fo_a_n_e_E_._L_e_lt_ne_r _____ ---ij 13 Oct 2016 Previous Page
txtHopetoAccomplish • Page 1
Text
I would like to serve my community and apply my expertise as an attorney to benefit our great city. As I am a real
estate litigation attorney I am able to understa nd the dynam ics of issues and requests and help provi de
recomm endat ions to the city council, as well as decide other requests brought before the committee , all for the
benefit of the city, its residents, and their futu'e.
... ,
..
..
.,
City of Palm Beach Gardens Boar
Application
lease Note: Pursuant to FS 119.07 the Information provided in
this application is considered to be public record,
except as provided by law •
.. La_st_N_a_m_e_: _______ .. Fl_r_st_N_a_m_e_: _______ MI: Nickname, If preferred:
F.._ec1a_1 ____ ___.! .._fhri_st_oph_er ____ __.lD ..... I --------'
Address: City: State: Zip:
e:=Gl==•nga===ry==R=oad========================i :1P=al:m==Bea==c=h=G=a=r=de=n=s==========1 =i F=lo=rl=d=a=====i :e:34=1=8======= Home Phone: Work Phone: Cell Phone: Emall Address:
:156==1-=756-==1=55==1=========1 =i9=54=-9=3=8=-2=5=88=========1 ... 156_1_-_756-_1_ss_1 _____ , ... ~-ft-ed_a_l_@_we __ in_g .... art_e_n-.co-m _____ _
Years of Residency: D Secondary Email Address:
Fffy01@hotmail.com
Preferred Means of Contact: ... 1 e_m_a1_1 _______ __,
Please place a check next to each board/committee on which you would be interested in serving:
By Code, some Boards/Committees have specific requirements for membership.
!if Art In Public Places Advisory Board
!if Parks and Recreation Advisory Board
!if Planning, Zoning and Appeals Board *
0 Budget Oversight Committee
0 Fire Pension Board
0 Police Pension Board
(meets quarterly on the 3rd Tuesday at 5:30 p.m.)
(meets quarterly on the 3rd Monday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
(meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice: I PZAB -Planning, Zoning & Appeals Board
Second Choice: j RAB -Parks and Recreation Advisory Board
Third Choice: I AIPP -Art in Public Places Board
Are you currently serving on a Palm Beach Gardens Board or Committee? Q Yes @ No
If so, which one(s)? I
Have you ever served on a Palm Beach Gardens Board or Committee? Q Yes @ No
If so, whlc~ one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? Q Yes @ No
If so, which one(s)? I
Have you ever served on a Palm Beach County Board or Committee? Q Yes @ No
If so, which one(s), and when?
Are you able to attend: Q Daytime Meetings @ Evening Meetings
What would you hope to accomplish by participating?
I was born and raised in Palm Beach Gardens. I attended Timber Trace, Duncan, and Dwyer. I graduated from the
University of Florida. For the past 30 years, I have witnessed a small city grow into what it is today. I believe the
city has been very well run the past several decades. I would like to volunteer my time to ensure that the city Next Page
Preaent Emplovment; ~rofRalon:
.. F_e1_n_ga_rten_R_ea1_ty ______________ __.lr 1,._ee1_e_state ___________________ 1
Address: Position:
... ,5355--T-own ....... _Ce-nt_e_r R_oa_d_Boca __ R_at_o_n_,_F_L_33486--------, Senior Property Manager/Director of Sustainability
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes @ No
Do you possess a City of PBG Occupational License? O Yes @ No
How many years have you practiced in the above profession? EJ
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background {please check all that apply)
0 Accountant
0 Adult Sports Programming
0 Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instlt. Mgmt.
D Attorney ..
D Banker
~ Building Construction
D Div. 1 Bldg ·-General Contractor
Educational Background
0 Div. 2 M EP Contractor
0 Engineer
~ Environmental Professional
D Golf Course Participant
~ Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
0 Member of Bus. Dev. Board
D NPB Coufbt Cbarnbec at Corornecce
~ Other: Property Management
0 Business Owner In PBG
0 PGA Corridor Association
lil' Real Estate Professional
D Recreation Programming
0 Senior-Targeted Activities
0 Special Population Advocate
0 Tennis Center Participant
D Visual/ Literary Arts
1
0 Volunteer from PBGYAA
Diploma/Degree Institution Course of Study
1 ..... ,B-a-ch-e-lo_r_o_f_Art~s~~~~~~~~ ...... ,:,U~n~iv~e~s,-·=ty~o~f~F~lo~n-·=d~a~~~~~~~~~~~~~~~~~~~l l,...c-n-.m-in-o-lo-~-y~-~~~~~~--,
2.j l[l============-===========l
3. ,~::::::::::::::::::::::::::::::::::::::::::!::=:::==============================~1,....___~~~~~~---'
Are you registered to vote in Palm Beach County? ®Yes 0No
Have you participated in civic or community activities? ® Yes O No If yes, ex I have been a coach for my son's
football and basketball teams
How did you learn about the volunteer program for which you are applying?
® City Web Site O Community Group O Friend O Other: I .... _______ _
Prior to submitting an application, you are encouraged to attend one meeting.
... Date Atte nded:'._ _____ _.
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. 5l' Agree
I understand If I am selected to serve on a board or committee, I am required to complete the PBG Mand.11!¥v c~ie of
Ethics Training. 11!1 Ag1 e
,.N_.a_m;;.;.ae .. : -----------. Date:
.... Jc_h_rls_Oft_ed_a1_· _____ __,, 12 Dec 2016 rrevlou.s ?age
txtt-topetoAccomplish -Page 1
I was born and raised in Palm Beach Gardens. I attended Timber Trace, Duncan, and Dwyer. I graduated from the .
University of Florida. For the past 30 years, I have witnessed a small city grow into what it is today. I believe the
city has been very well run the past several decades. I would like to volunteer my ti me to ensure that the city
continues to grow and prosper for future generations.
.. . ... •' ...
. ...
'!!I>
City of Palm Beach Gardens Boar
Application
lease Note: Pursuant to FS 11 9.07 t he i nform ation provided in
this a pp licatio n is cons idered to be public re cord,
except as provided by law.
, Last Name: ... Fl_rst ___ N_a_m_e_: _______ MI: Nickname, If preferred:
..__!Moraes ____ ___,l ..__paso_n ___ ___.lD __ I -----
Address : City: State: Zi p:
:F=1:46==Ha=:m=llt=on==Ct=======================1 :r=a:,m==Be=ach===G=a=r=de=n=s=========:1 :1 Fl=o=rl=d=a=====1 :13=34=1=8======= Home Phone: Work Phone: Cell Phone: Email Address:
.. §'"' _-_-_-_ .... _-_-_-_-_-_-_-_-_-_-_-_-_-_ ... , =iN=A=================l ... ls_303_04_7_44_4 _____ _.l ... p-aso-n-.Mo-ra-es_@_llv-e-.c-om ______ _
Years of Residency: D secondary Emall Address :
pason.Moraes@aa.com
Preferred Means of Contact: j._c_e1_1_P_h_o_n_e ______ _.
Please place a check next to each board/committee on which you would be interested i n serving:
By Code, some Boards/Commi ttees have specific requirements for membership .
il Art In Public Places Advisory Board
il Parks and Recreation Advisory Board
D Planning, Zoning and Appeals Board *
D Budget Oversight Committee . . .
D Fire Pension Board
0 Police Pension Board
(meets quarterly on the 3rd Tuesda y at 5:30 p.m.)
(meet s quarterly on the 3rd Mo nday at 6:00 p.m.)
(meets monthly on the 2nd Tuesday at 6 :00 p.m.)
(meets m onthly on the 4th Thursd ay at 8:30 a.m.)
(meets semi-monthly as called)
(meets quarterly as called)
* Required to file a statement of financial interest form
lf you have checked more than one box, which would be your:
First Choice: j RAB -Parks and Recre ati on Advisory Board
Second Choice: j A IPP -Art in Publ ic Places Boa rd
, ...
Third Choice:
Are you currently serving on a Palm Beach Gardens Board or Committee? Q Yes . ® No .
If so, which one(s)? I
Have you ever served on a Palm Beach Gardens Board or Committee? 0Yes O No
If so, which one (s), and when?
Are you currently serving on a Palm Beach County Board or Committee? Q Yes ® No
If so, which o ne(s)? I
Have you ever served on a Palm Beach County Board or Committee? Q Yes ® No
If so, which one(s), and w he n?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
•T
I want to ensure Palm Beach Gardens continues to be a "unique place to play" since my family and I utiliz-e~e
PBG recrea tional faci lities and pro grams on almost a daily basis. I will listen to residents Ideas, suggestions, and
cri ti ques to assure the com muni ty tha t our city offers a varie ty of services that continue to be safe, fun, and Next Page
PnlNnt Employment: ~n: .. Fme __ r1_ca_n_Ai_·r1_ine_s _______________ ~l .. ~_r1_1ne_P1_1ot __________________ _
Addres•: Position:
, .. Mf ... a_mi __ l_nt_ema---tl-o_nal_A-lrport---------------, .. IF_irst_Offi_c_e_r __________________ l
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes ® No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed er decided
upon by the Board or Committee? O Yes ® No If yes, expla i n:
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Jnstlt. Mgmt.
0Attorney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
D Div. 2 M EP Contractor
D Engineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D NPB Cou~b< Cbarnbec ot Cororoecce
li1" Other: ~ilitary Officer/Air1ine Pilot
D Business Owner In PBG
D PGA Corridor Association
D Real Estate Professional
D Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / Literary Arts
1
D Volunteer from PBGYAA
Diploma/Degree Institution Course of Study
1. , .... ~-S---------------.,, .... U-S_A_i_r F_o_r_ce_A_ca_de_m_y ________ .....,, Behavioral Sci_en_c_e ______ .....,
2. IM A 1:=1A=m=e=ri=c=an=M=ili=ta=ry=U=n=iv=ers=ity======~, .... ls=tr=a=te=g=ic=ln=t=e=llig=e=n=c=e=S=tu=d=ie=s===~
3. ~------------~:==============================~ .... ,-____________ _.
Are you registered to vote in Palm Beach County? ®Yes 0No
Have you participated in civic or community activities? ® Yes O No If yes, ex~ My family & I have attended
multiple community activities.
How did you learn about the volunteer program for which you are applying?
® City Web Site O Community Group O Friend· 0 Other: ... I _______ _.
Prio.r to submitting an application, you are encouraged to attend one meeting.
Date Atten.ded: , ... _____ _.
I understand the duties, role and time commitment to the Boards or Committees to which I f;ev.a .;ip p!led. :;J Agree
I understand if I am selected to serve on a board or committee, I am required to complete the 1'BG Mandr..'~ c~i• of
Ethics Training. 'l:l 1-\QI e
Name: Date: µr---as_.on......_P_._M_o_r_a_e_s ______ j 1 Mar 2017
txtHopetoAccomplish -Page 1
Text
I want to ensure Palm Beach Gardens continues to be a "unique place to play" since my family and I utilize the
PBG recreational facilities and programs on almost a daily basis. I will listen to residents ideas, suggestions, and
critiques to assure the community that our city offers a variety of services that continue to be safe, fun, and
first-rate.
., ~ .~. ' .
. . ,
.•
City of Palm Beach Gardens Boa re Please Note: Pursuant to FS ~19.07 the information ~rovided in
I• • this application 1s considered to be public record,
App 1cat1on except as provided by law.
Last Name: _Fl_rst ___ N_a_m_e_: _______ Ml: Nickname, If preferred:
=f°PP==ag=e ==========, {nmottly f D ..... fm ______ .....
Addres1: City: State: Zip:
=11:1:R:abbits:::=R=u=n========================11 =P=a=lm==B=ea=ch==G=ar==den==s=========· :,, .. F-lorid-. -a---, :e:34:1=8=======
Home Phone: Work Phone: Cell Phone: Email Address:
:Fso===53=9==22=7=4=8=========i :1n=,a=================1 .. fsa_m_• _______ ... J .;;.E ... im_C_1_2_@ __ co_m_cast __ -.n-e_t ______ _
Years of Residency: D Secondary Emall Adclreu: I
Preferred Means of Contact:j .. E_m_a_1_1 --------
Please place a check next to each board/committee on which you would be interested In serving:
By Code, some Boards/Committees have specific requirements for membership.
D Art In Public Places Advisory Board (meets quarterly on the 3rd Tuesday at 5:30 p.m.)
if Parks and Recreation Advisory Board (meets quarterly on the 3rd Monday at 6:00 p.m.)
if Planning, Zoning and Appeals Board *
if Budget Oversight Committee
D Fire Pension Board
D Police Pension Board
(meets monthly on the 2nd Tuesday at 6:00 p.m.)
(meets monthly on the 4th Thursday at 8:30 a.m.)
(meets semi-monthly as called)
(meets quarterly as called)
* Required to file a statement of financial interest form
If you have checked more than one box, which would be your:
First Choice: I BOC -Budget Oversight Committee
Second Choice: I PZAB -Planning, Zoning & Appeals Board
Third Choice: I RAB -Parks and Recreation Advisory Board
Are you currently serving on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s)? 1.
Have you ever served on a Palm Beach Gardens Board or Committee? O Yes ® No
If so, which one(s), and when?
Are you currently serving on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s)? I
Have you ever served on a Palm Beach County Board or Committee? O Yes ® No
If so, which one(s), and when?
Are you able to attend: O Daytime Meetings ® Evening Meetings
What would you hope to accomplish by participating?
I would like to insure the continued success of Palm Beach Gardens as a fiscally responsible community. I am
interested in smart and responsible growth and economic development that does not hurt the character of the
community. Next Page
~ Employment: ::-Ion: ... ~ __ c_oppage ___ c_o_m_p_a_n _____________ ___,l ... ~ __ •u_ltant ___________________ _
Address: Position:
f,..1 .. 1"""Ra ....... bbits....,._R_u_n_P_al_m_Bea __ ch_G_ardens __ F_l.--------11 ... P_rina_·p1e_eon __ su_1ta_nt ______________ _.
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? Q Yes ® No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
D Attorney
!if Banker
0 Div. 2 M EP Contractor
0 Engineer
0 Environmental Professional
0 Golf Course Participant
0 Horticulture & Landscaping
0 Land Surveyor
0 Landscape Architect
li!'Member of Bus. Dev . Board
0 Business Owner In PBG
!if PGA Corridor Association
0 Real Estate Professional
0 Recreation Programming
0 Senior-Targeted Activities
0 Special Population Advocate
0 Tennis Center Participant
0 Visual/ Literary Arts
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
D NPB Courbt Cbarnbec of Cornrnecce D Volunteer from PBGYAA
.. ____________ I D Other: .
Diploma/Degree Institution Course of Study
1. !Bachelor of Arts jj .... u-n-iv-e-rs-it_y_of_Vi_1_rg-in-ia----------,1:,::1H=is=to=ry============I
2. ,Masters of Business Adminstraion !!university of Hartford "Finance/Marketing
3 • .__ ____________ ___,~=================l1.___ ___________ __.
Are you registered to vote in Palm Beach County? ®Yes 0No
Have you participated in civic or community activities? ® Yes O No If yes, ex SCORE Mentoring
BOD Neighborhood
Renaissance
How did you learn about the volunteer program for which you are applying?
0 City Web Site O Community Group ® Friend O Other: ... I _______ _.
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: I.__ ___ ...,...__.
I understand the duti•, role and time commitment to the Boards or Committees to which I have applied. !if Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~ c~ie of
Ethics Training. 1J!J 1\QI e
.. N ... a_m_e_: ___________ Date:
tn ... _•m_o_th_y_c_o_p_p_a_ge _____ _,j 1 s Mar 2017 Previous Page
Meeting Date: October 12, 2017
Resolution 70, 2017
Page 2 of 3
QUALIFICATIONS: In addition to the specific requirements stated below for the individual boards
and committees, Section 2-89 of the City's Code of Ordinances includes general provisions to
avoid any perceived or actual conflicts of interest by adding that members cannot be employed
by or have any contractual relationship with the City, unless otherwise provided by the Code. The
general provisions also provide that members can only serve on one board or committee at any
one time.
PLANNING, ZONING, AND APPEALS BOARD: The composition of the Planning, Zoning, and
Appeals requires residency in the City of Palm Beach Gardens and no less than two members
must be represented from one of the specific types of professional disciplines related to
Architecture, Engineering, and/or a Division 1 (general, building, or residential) contractor are
requirements for Board membership. At least one member must be from a specific type of
professional discipline, including an attorney, real estate professional, environmental
professional, landscape architect, planner, Division 2 (MEP) contractor, or land surveyor, and the
Board must have one resident at large as a Board member.
It is a requirement of the City's Code of Ordinances, Section 2-148 (b), that some Board members
are chosen from professions in the architecture, landscape architecture, planning, legal , and real
estate fields so that they can make knowledgeable recommendations to City Council on
development petitions. While their professions provide them with insight and understanding of
development, it also creates the potential for conflicts of interest to arise . Currently, Board
members are advised that a recusal from the proceeding is required in the event that there is a
conflict of interest.
SUMMARY:
Current Composition of the Board :
• Randy Hansen -Chair, Regular Member, Architect
• Howard Rosenkranz -Vice Chair, Regular Member, Business Owner (Term Expiring)
• Michael Panczak -Regular Member, General Contractor
• L. Marc Cohn-Regular Member, Retired
• Robert Savel -Regular Member, Pharmacist (Term Expiring)
• Carl Sabatello -Regular Member, General Contractor (Term Expiring -eligible for re-
appointment)
• *C . Steve Lewis -First Alternate, Architect
• John Glidden-Second Alternate, Architect
* Due to the resignation of regular member Meriel "Honey" Bryan on April 25, 2017, 1st Alternate
C. Steve Lewis is currently serving as a regular member on the Board until the October
appointments . Per Code Section 2-86 (1 ), vacancies in the board or committee shall be
automatically filled by an alternate member of that board or committee until the semi-annual
appointments are made.
Vacant Positions to be Filled:
• 2 Regular Members
Meeting Date: October 12 , 2017
Resolution 70, 2017
Page 3 of 3
• 1 Regular Member to fill the unexpired term of Meriel "Honey" Bryan (term expires
9/30/2018)
Additional Applications on File (PZAB only)
• Richard Cartlidge
• Debra Canney
• Richard Warren
• Keith Ahronheim
• Roma Josephs
Additional Applications on File (requested multiple boards)
• Stacey Porter
• Chelsea Reed
• Jason Cudnik
• Michael Simms
• Gail Coppage
• Dane Leitner
• Christopher Oftedal
• Timothy Coppage
Staff posts notices of vacancies at City Hall and on the City website .
STAFF RECOMMENDATION: Staff recommends APPROVAL of Resolution 70, 2017 as
presented .
1
2
3 RESOLUTION 70, 2017
4
5
6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
7 BEACH GARDENS, FLORIDA, APPROVING THE APPOINTMENT OF
8 REGULAR AND ALTERNATE MEMBERS TO THE PLANNING,
9 ZONING, AND APPEALS BOARD; PROVIDING AN EFFECTIVE
10 DATE; AND FOR OTHER PURPOSES.
11
12
13 WHEREAS, Section 2-148, Code of Ordinances provides for the Board to be
14 comprised of seven regular members and two alternate members; and
15
16 WHEREAS, as of October 1, 2017, there is one regular member eligible for
17 reappointment, two regular member vacancies, and one regular member vacancy to
18 serve the remaining term; and
19
20 WHEREAS, notice of the vacancies has been posted at City Hall and on the City
21 website; and
22
23 WHEREAS, the City Clerk has collected applications of all interested persons who
24 wish to serve as members of the Board, as well as attendance and voting records of the
25 current members, which are attached hereto as Exhibit "8"; and
26
27 WHEREAS, the City Council deems approval of this Resolution to be in the best
28 interest of the health, safety, and welfare of the residents and citizens of the City of Palm
29 Beach Gardens and the public at large.
30
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 hereby approves the appointment of regular and
38 alternate members to the Planning, Zoning, and Appeals Board as set forth in Exhibit "A",
39 attached hereto.
40
41 SECTION 3. This Resolution shall become effective immediately upon adoption.
42
43
44
45
46
Page 1 of 2
EXHIBIT "A"
Regular Member(s)
Resolution 70, 2017
Expiring on 09/30/18*
Expiring pn 09/30/19
Expiring on 09/30/19
Expiring on 09/30/19
*Regular member to fill the vacancy of Regular Member Meriel "Honey" Bryan
Alternate Member(s)
First Alternate
Resolution 70, 2017
EXHIBIT "B"
Planning, Zoning & Appeals Board
MMtlna Oates
Staff L.lalaon • Natalie Crowley
Al1lemate Staff Llalaon • ....., Hothelnz
A-R. Max Lohman
Atto-.. ...,..11 Jorllndbv
2018-2017
Board Members
Randoloh Hannn CReoutar Member. Chairl
Howard Roaankranz (Reoul• Member • Vice Chalrl
Ooualaa Pennel IReoul• Member. Vice Chair) (see note below)
Roma JoaaDha (Reaular Member) (see note below)
Robert Savel CReoul• Memberl
Mariel MHonlY" Brvan CReaular Memberl
Carl Sabltello CReoular Member)
MlchHI Panczak CReaular Member)
L. Marc Cohn (Reoular Member)
C . Steve Lewis (1st Alternate)
a. John Glidden 12nd Alternatel
P•Presant
A• Absent
R• RHlaned
NM•NoMNtlna
C•Cancallld
NQ,.No Quorum
NAM • Not a Member
Excused Absence: Subcoana Illness Jurv Outv
LE : Left Ear1v
The regularly scheduled board appts were delayed one month due to the cancellatlon of the
October 2018 City Council mNtlng because of Hurricane Matthew. Mr. Pennell and Ms.
Joaaph Hrvld untll the new board appts were made at the November 3, 2016 City Council
mNtlng.
FY 2017
10/13/16 11/15/16 12/13/16 1/10/17
p p p p
p p p p
p p p p
p p p p
p NAM
p NAM
p p p p
p p p p
p p p p
p p p
p p p
p p p p
p A A
2/14/17 3/7/17 4/11/17 5/9/17 6/13/17 7/11/17 1/1/17
p p p p p p A
p
p p p p p p p
p A p p p p p
p p p p p p p
p p p A p p p
A p p Reslaned
A p Late Late p Late p
p p LE p A p p
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p p p p A A A
Present Employment: Profession:
~ckl Draper, P.A I It.a; laa._,,......,...re""""•..,.,•=--------------Poiltlon:
j_s_1_s _N_._A_a_g_1e_r_o_n_·v_e_, s_u_it_e_1_a_o_o ___________ ....,! ... !a_tto_m_ey ____________________ _.
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? Q Yes ® No
Do you possess a City of PBG Occupational License? Q Yes ® No
How many years have you practiced in the above profession?. D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that ap ply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Arch itect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
!il' Attorney
D Ban ker
!iJ Building Constr uction
D Div. 1 Bldg -General Contractor
Educational Background
D Div. 2 MEP Contractor D Business Owner in PBG
D Engineer D PGA Corridor Association
D En v ironmental Professional D Real Estate Professional
D Golf Course Participant D Recreation Programming
D Horticulture & Landscaping D Senior-Targeted Activities
D Land Surveyor D Special Population Advocate
D La ndscape Architect D Tennis Center Participant
D Member of Bus. Dev. Board D Visual/ Literary Arts
D NPB County Chamber of Commerce O Volunteer from PBGYA A
!il' Other: I._L_ee_o_AP _______ __.!
Diploma/Deg ree Institut i on Co u rse of Study
1. !Bache lor of Science I lwake Forest University II Health Exercise Science
~================:
2. IJD j jstetson College of Law I !Law
:===============~ ~==============l
3.
Are you registered to vote in Palm Beach County? ®Yes 0 No
Have you participated in civic or community activities? ® Yes Q No If yes ex~ I frequently attend events put on
' by the City of Palm Beach
Gardens
How did you learn about the volunteer program for which you are applying?
® City Web Site O Community Group O Friend O Other: ... I _______ _...,
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: I 1111212013 I
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. fil' Agree
I u~derst~n~ if I am selected to serve on a board or committee, I am required to complete the PBG Mandalill,~feie of
Ethics Training.
Name: Date:
, ... R-ich-ard_C_a_rtl_i_dg-e-----.... , 5 Mar 2014 Print Previous Page
• _..,,_ .... -···r·-• ···-····
... w .. a_rr_e_n_&_G_ra_n_t._P_.A_. ______________ ___.l .. §to~tto-m~ey--------------------,aaress: Piildon:
_444_0_P_GA __ a_tv_d._, _s_ui_te_2_0_0_, _P_a,_m_B_e_a_c_h_G_a_rd_e_n_s_, F_L_3_34_1_0_......1j jPartner
\re you a Lobbyist? O Yes ® No
\re you registered with Palm Beach County? O Yes @ No
lo you possess a City of PBG Occupational License? ® Yes O No
iow many years have you practiced in the above profession? EJ
:ould your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
.1pon by the Board or Committee? O Yes ® No If yes, explain:
>rofessional Background (please check all that apply)
] Accountant
] Adult Sports Programming
] Aquatics Programming
] Architect
] Architect Design/Urban Planner
] Arts and Cu ltu ra l Instlt. Mgmt.
l Attorney
] Banker
] Building Construction
] Div. 1 Bldg -General Contractor
:ducational Background
D Div. 2 MEP Contractor D Business Owner In PBG
D Engineer D PGA Corridor Association
D Environmental Professional D Real Estate Professional
D Golf Course Participant D Recreation Programming
D Horticulture & Landscaping D Senior-Targeted Activities
D Land Surveyor D Special Population Advocate
D Landscape Architect D Tennis Center Participant
D Member of Bus. Dev. Board D Visual/ Literary Arts
D NPB County Chamber of Commerce D Volunteer from PBGYAA
0 Other: _I ______ ___.!
Diploma/Degree Institution Course of Study
, l s .A j l=s=ra=n=d=e=is=U=n=iv=e=r=si=ty===========l1:~=h=il-o=s=o=p=h-=y-= -=-= -=-= -= -= -= -= -= -= -= -= -= -= -=-= ·• ko. I University of Florida .Law
:.1 I I~=== .__ _____________ _.._ ________________ .__ ___________ _
\re you registered to vote in Palm Beach County? ®Yes O No
iave you participated In civic or community activities? ® Yes O No If yes, ex~ Coached Boys Basketball for
over 10 years
How did you learn about the volunteer program for which you are applying?
!) City Web Site O Community Group O Friend O Other: ... , _______ _
?rlor to submitting an application, you are encouraged to attend one meeting.
Date Attended : I I
understand the duties, role and time commitment to the Boards or Committees to which I have applied. !il' Agree
understand If I am selected to serve on a board or committee, I am required to complete the PBG Manda~~,icte o1
:thlcs Training.
lame: Date:
-li_r._h_A_rrf_R_W_.::1_rr_,:,._n ______ ! 1 ~ A11n ?01 ~
Print Previous Paae
Present Employment: Profession:
,,..n ..... o=ne=-----=-=---....... ......,.---------------------., ,retired
Address: Position:
... ,n-o-ne------------------------.1 ... ln_o_ne _____________________ _,
Are you a Lobbyist? O Yes @ No
Are you registered with Palm Beach County? O Yes O No
Do you possess a City of PBG Occupational License? O Yes @ No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes @ No If yes, ex plain :
Professional Background (pl ease check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D A rchitect
D Architect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
D Attorney
D Banker
D Building Constructi on
D Div. 1 Bldg -Genera l Contractor
Educational Background
D Div. 2 MEP Contractor
D Engineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Arch itect
D Member of Bus . Dev. Board
D NPB County Cbarnbec of Cornrnecce
!if Other: f &Z 6 years
D Business Owner in PBG
D PGA Corridor Associ ation
D Real Estate Professional
D Recreati on Program m ing
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Partici pant
D Visual / Literary Arts
1
D Vol unteer from PBGYAA
Di ploma/Degr ee Instituti o n Course of Study
1. jss I ,....IB_o_s-to_n_U_n-iv_e_r-si-ty------------,, ,Bi ology I ,
~=============:
2.
3 .
Are you registered to vote in Palm Beach County? @ Yes O No
Have you participated in civic or community activities? O Yes O No If yes, ex~ Boa rd of Directors Ballen lsl es
Ass
How did you learn about the volunteer program for which you are applying?
@ City Web Site O Commun ity Group O Fr iend O Other: .... I _______ __,
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: I 0510912017
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. !if Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~ cPEie of
Ethics Training. IJt:I P.gi e
,..N ... a __ m=e--=-------------. Date: l ..... ro_m_a _ik_J_·o_s_ep_h_s ______ __,j 10 May 20 17 Previous Page
Present Employment: Profession:
~,...N_o_rt_h_A_m_e_r-ic_a_n_S_p_in_e_F_o_u_n_d_at-io-n--------------., ~onprofit
kaaress: .. , .... o-s .. ,t"'"'lo_n_: __________________ __,
...------------------------,
._9_4_S_a_ti_nw_o_od_La_n_e_,_P_a_lm_B_e_a_ch_G_a_rd_e_n_s_, F_L_334_1_0 ____ .......... ls_u_s_in_e_ss_D_ev_e_lo_p_m_e_n_t_M_a_n_a_g_e_r ___________ .....
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? ® Yes O No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain :
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
D Attorney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
Diploma/Degree
D Div. 2 M EP Contractor
D Engineer
D Environmental Professional
D Golf Course Participant
D Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D NPB County Chamber of Commerce
~ Other: jcommunity Outrea ch
I nstitution
I
D Business Owner in PBG
D PGA Corridor Association
D Real Est ate Prof essiona l
D Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
!il'Visual / Literary Arts
D Volunteer from PBGYAA
Co urse of Study
1. Certificate in Nonprofit Leadership & Mg !=lu=n=iv=e=rs=it=y=o=f=F=lo=ri=d=a========~llsusiness (Nonprofi t) 2016
2. jsA II Florida Atlantic University II Psychol ogy/Biology
3, ,PTA II Lynn University I ... IP_h_y_si_ca_l_T_h_e_ra_P_Y _______ .....,
Are you registered to vote in Palm Beach County? ® Yes O No
If yes, ex1
How did you learn about the volunteer program for which you are applying? .__ ----------~
Have you participated in civic or community activities? O Yes ® No
® City Web Site O Community Group O Friend O Other: ... I _______ ~
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended : ... I _____ __,
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. !il' Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~ CfEie of
Ethics Training. llrl f.\QI e
Name: Date:
.... ,C-h-e-ls-ea-R-ee-d------..... , 29 Oct 2015 Print Previous Page
Present Employment: Profession:
r,~-·~korsky--~-·raaft--~-rpora--tio-n---------~,~neeri~
Uclreu: '"~..,,..,,. ..... o"'!"n""!"""':-------------------
.. j1-,900--Bee1--ln_e_H-ig-hwa--y-------------, ... f_h_1e_f of_F_Hg_h_t_Te_s_t _____________ _
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? ® Yes O No
Do you possess a City of PBG Occupational License? O Yes @ No
How many years have you practiced in the above profession? EJ
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, explain:
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
D Attorney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
Diploma/Degree
D Div. 2 MEP Contractor D Business Owner In PBG
lil Engineer D PGA Conidor Association
D Environmental Professional fil Real Estate Professional
D Golf Course Participant D Recreation Programming
D Horticulture & Landscaping D Senior-Targeted Activities
D Land Surveyor D Special Population Advocate
D Landscape Architect lif Tennis Center Participant
D Member of Bus. Dev. Board D Visual/ Literary Arts
D NPB County Chamber of Commerce D Volunteer from PBGYAA
D Other: __ ! ______ ___.!
Institution Course of Study
1. js.s. Aerospace Engineering I/Embry-Riddle Aeronautical Univeristy j jAerospea ce Engineering
2. jM .S. Engineering l!california State University, Fresno
3. !R eal Estate Sales Associate !!Go ld Coast School of Real Estate
!!Mechanical Engineering
!!Real Estate Associate -In work
Are you registered to vote in Palm Beach County? ® Yes O No
Have you participated in civic or community activities? O Yes @ No If yes, ex1
How did you learn about the volunteer program for which you are applying? ..... -----------
® City Web Site O Community Group O Friend O Other: .. I _..--------
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: I I
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. fil Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~ cPEie of
Ethics Training. IJEI P.gi e
Name: Date:
p,-as_o_n_C-ud_n_i_k ________ j 6 Jan 2015 Print Previous Page
Present Employment: Profession:
K,,--e-ra-ct-.ty-F-in_a_n_ci_a_l S-e-lVl-.ce-s.-1-nc.------------, ~surance/lnvestments f
~ddress: "'P""'o""'s .. 16 ... o"'"'n-: --------------------' ,-----------------------.....
_1_2_oo_u_m_"v_ers,-·ty_B_1v_d._s_u_it_e_2_0_0,_J_u_p,_·te_r_, F_L_334_ss _____ --' _jP_a_rtn_e_i_lP_re_St_._de_n_t _______________ ___.l
Are you a Lobbyist? O Yes @ No
Are you registered with Palm Beach County? O Yes @ No
Do you possess a City of PBG Occupational License? @ Yes O No
How many years have you practiced in the above profession? D
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes @ No If yes, explain:
Professional Background (please check all that apply)
D Accountant
D Adult Sports Programming
D Aquatics Programming
D Architect
D Architect Design/Urban Planner
D Arts and Cultural Instit. Mgmt.
D Attorney
D Banker
D Building Construction
D Div. 1 Bldg -General Contractor
Educational Background
0 Div. 2 MEP Contractor D Business Owner in PBG
D Engineer O PGA Corridor Association
D Environmental Professional D Real Estate Professional
!if Golf Course Partici pant D Recreation Programming
D Horticulture & Landscaping O Senior-Targeted Activities
D Land Surveyor D Special Population Advocate
D Landscape Architect D Tennis Center Participant
D Member of Bus. Dev. Board D Visual/ Literary Arts
D NPB County Chamber of Commerce O Volunteer from PBGYAA
!if Other:! ._M_.B_.A. _________ ,
Diploma/Degree Institution Course of Study
1. IM BA II Nova Southeastern II ~B=u=si=n=es=s===========l
2, ,BA 1:=1T=h=e=C=it=a=de=l============::::::::11History
3 • .....___~~~~~~~......,....._~~~~~~~~______.I:==============================::::::
Are you registered to vote in Palm Beach County? @ Yes O No
Have you participated in civic or community activities? 'e" Yes O No If yes exi:: NPBCChamber member, Honda
i;:J ' Classic Ambassador
How did you learn about the volunteer program for which you are applying?
@ City Web Site O Community Group O Friend O Other: '-----~---
Prior to submitting an application, you are encouraged to attend one meeting.
Date Attended: I ... _____ __.
I understand the duties, role and time commitment to the Boards or Committees to which I have applied. !iK' Agree
I understand if I am selected to serve on a board or committee, I am required to complete the PBG Manda~5?e'te of
Ethics Training.
Name: Date: ~-ichae--, -H-. S-im_m_s _____ __,j 14 Mar 2014 Print Previous Page
txtHopetoAccomplish -Page 1
Text
I would like to serve my community and apply my ex pertise as an attorney to be nefit our great city . As I am a re al
estate litigation attorney I am able to understand the dynamics of issues and requests and help prov ide
recommendations to the city council , as well as decide other requests brought before the committee , all for the
benefit of the city , its residents , and their future .
,...P.;..re""'s;:;;.e""'n .... t""'""'E""m:.a.p""'l;:.;:oa..1y'""m=ec:.:n:..::t=-: --------------. ,...P ... ro ...... fe __ s __ s __ l __ o .... n __ : _________________ __
_ jw_e_i_ng_a_rt_e_n_R_e_a_lt_Y _______________ ___.I ... IR_e_a_l _Es_t_at_e __________________ __.
Address: Position: ....-----------------------
5355 Town Center Road Boca Raton, FL 33486 Senior Property Manager/Director of Sustainability
Are you a Lobbyist? O Yes ® No
Are you registered with Palm Beach County? O Yes ® No
Do you possess a City of PBG Occupational License? O Yes ® No
How many years have you practiced in the above profession? E:J
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided
upon by the Board or Committee? O Yes ® No If yes, ex p lain:
Professional Background (please check all that apply)
0 Accountant
0 Adult Sports Programming
0 Aquatics Programming
0 Archi t ect
0 Architect Design/Urban Planner
0 Arts and Cultural Instit. Mgmt.
0 Attorney
0 Banker
!if Building Construction
0 Div. 1 Bldg -General Contractor
Educational Background
D Div. 2 M EP Contractor
D Engineer
lif Environmental Professional
D Golf Course Participant
lif Horticulture & Landscaping
D Land Surveyor
D Landscape Architect
D Member of Bus. Dev. Board
D NPB Couotv Cbarnbec at Cororoecce
lif Other: !Property Management
D Business Owner in PBG
D PGA Corridor Association
!if Real Estate Professional
D Recreation Programming
D Senior-Targeted Activities
D Special Population Advocate
D Tennis Center Participant
D Visual / Literary Arts
1
D Volunteer from PBGYAA
Diploma/Degree I n stitution Co u rse of Stud y
1. lsache lor of Arts 11 .... u-n-iv_e_s-ity_o_f_F_lo-r-id_a _________ __,ll criminology
2.
3.
Are you registered to vote in Palm Beach County? ® Yes O No
Have you participated in civic or community activities? ® Yes O No
I
I
If yes, ex I have _been a coach for my son's
football and basket!)afl teams
I
I
How did you learn about the volunteer program for which you are appl~1ing? ------------·
® City Web Site O Community Group O Friend O Other: .... I _______ __,
Prior to submitting an application, you are encouraged to attend one n,eeting.
Date Attended: I I
I understand the duties, role and time commitment to the Boards or Committees to which 1 have applied. fil Agree
I u~derst~n~ if I am selected to serve on a board or committee, I am required to complP.te the PBG Manda~5 i9eie of
Ethics Training.
Name: Date:
j,...c ..... h-ris-O-fte_d_a_l ______ ....,I 12 Dec 2016
Previ o us Page
txtHopetoAccomplish -Page 1
-. Tod '
I was born and rai sed in Palm Beach Gardens. I attended Timber Trace, Duncan, and Dwyer. I graduate d from the ·
University of Florida. For the past 30 ye ars, I have witnessed a small city grow into what it is today. I believe the
city has been very well run the past several decades. I would like to volunteer my time to ensure that the city
continues to grow and prosper for future generations.
~.
~: 7:tJI
~b<:.t>: ,o ·n/9
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 12, 2017
7:00 P.M.
Mayor Marino
Vice Mayor Marciano
Councilmember Woods
Councilmember Lane A~t,ve.A @ '; -i,t
Councilmember Litt
.,, I. PLEDGE OF ALLEGIANCE
/II, ROLL CALL
..,, III. ADDITIONS, DELETIONS, MODIFICATIONS:
.,,,, IV ANNOUNCEMENTS / PRESENT A TIO NS:
a. CHARTER REVIEW COMMITTEE FINAL REPORT.
./ V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
/VII. CITY MANAGER REPORT:
VIII. CONSENT AGENDA:
a .
b.
APPROVE MINUTES FROM SEPTEMBER 25, 2017 CITY COUNCIL MEETING.
RESOLUTION 62, 2017-NON-EXCLUSIVE EASEMENT TO FLORIDA POWER &
LIGHT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, GRANTING A NON-EXCLUSIVE EASEMENT TO
FLORIDA POWER & LIGHT COMPANY FOR THE INSTALLATION, OPERATION,
MAINTENANCE, AND SERVICE OF ELECTRIC FACILITIES; AUTHORIZING
THE MAYOR TO EXECUTE THE EASEMENT; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES
c. RESOLUTION 67, 2017 -NON-EXCLUSIVE UTILITY EASEMENT TO FLORIDA
POWER & LIGHT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, GRANTING A NON-EXCLUSIVE UTILITY
EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR THE RELOCATION
OF EXISTING UNDERGROUND POWER LINES TO FACILITATE THE WIDENING
OF THE HOOD ROAD BRIDGE OVER INTERSTATE 95; AUTHORIZING THE
MAYOR TO EXECUTE THE EASEMENT; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
d. RESOLUTION 72, 2017 -AGREEMENT FOR WETLAND MITIGATION. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING A CONTRACT FOR SALE AND PURCHASE
OF 2.06 OFF-SITE MITIGATION CREDITS FOR THE FIRST PHASE OF THE
DEVELOPMENT OF THE SANDHILL CRANE GOLF COURSE MAINTENANCE
FACILITY AND PARKING EXPANSION; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
e. RESOLUTION 73, 2017 -ALTON PCD PARCELS D, E, AND F PLAT APPROVAL.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING THE PLAT FOR ALTON PLANNED
COMMUNITY DEVELOPMENT (PCD) TRACTS D, E, AND F; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES
f . PURCHASE AWARD -RENTAL OF MOTOR VEHICLES (POLICE).
g. PURCHASE AWARD -MANAGEMENT AGREEMENT FOR FOOD & BEVERAGE
OPERATIONS AT SANDHILL CRANE GOLF CLUB.
h. PURCHASE AWARD -INFRASTRUCTURE WORK AT PUBLIC SAFETY
TRAINING COMPLEX.
i. PROCLAMATION-NATIONAL COMMUNITY PLANNING MONTH.
j. PROCLAMATION-NATIONAL BREAST CANCER AWARENESS MONTH.
k. PROCLAMATION -FLORIDA CITY GOVERNMENT WEEK.
I. PROCLAMATION -NATIONAL RED RIBBON WEEK.
m . PROCLAMATION -READ FOR THE RECORD.
n. PROCLAMATION -90TH ANNIVERSARY OF LESSER, LESSER, LANDY & SMITH.
o. PROCLAMATION -HONORING GRAND MASTER OF MASONS, RICHARD G.
HOOVER.
IX. PUBLIC HEARINGS:<* Designates Quasi-Judicial Hearing)
a. ORDINANCE 22, 2017 -(2ND READING AND ADOPTION) BAN OF MEDICAL
MARIJUANA TREATMENT CENTER AND DISPENCING FACILITIES. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT. AT
SECTION 78-159. TABLE 21: PERMITTED , CONDITIONAL, AND
PROHIBITED USE CHART, AND ADOPTING NEW NOTE 0)(73) TO TABLE 21
IN ORDER TO ADD MEDICAL MARIJUANA TREATMENT CENTER -
DISPENSING FACILITIES TO THE LIST OF PROHIBITED USES IN ALL
ZONING DISTRICTS ; FURTHER AMENDING CHAPTER 78 AT SECTION 78-
751 . DEFINITIONS. BY ADDING THE NEW DEFINITIONS "MARIJUANA",
"MEDICAL MARIJUANA TREATMENT CENTER-DISPENSING FAC ILITY";
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.
b.
C .
ORDINANCE 23, 2017 -(2ND READING AND ADOPTION) MORATORIUM ON
MICRO WIRELESS FACILITIES UNTI L DECEMBER 31 , 2017 . AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA,
ESTABLISHING AND IMPOSING A TEMPORARY MORATORIUM WITHIN THE
C ITY OF PALM BEACH GARDENS ON THE SUBMITIAL AND PROCESSING
OF APPLICATIONS AND ISSUANCE OF ANY PERMITS PERTAINING TO
COLLOCATION ON EXISTING OR THE CREATION OF NEW UTILITY POLES
IN THE RIGHTS-OF-WAY TO SUPPORT SMALL WIRELESS FACILITIES OR
MICRO WIRELESS FACILITIES UNTIL DECEMBER 31 , 2017, IN ORDER TO
ALLOW AN OPPORTUNITY TO DEVELOP REGULATIONS CONSISTENT WITH
CHAPTER 2017-136 , LAWS OF FLOR I DA THAT BECAME EFFECTIVE JULY 1,
2017 ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE ; AND FOR
OTHER PURPOSES .
*RESOLUTION 71 , 2017 -MISCELLANEOUS AMENDMENT FOR BURWICK
COMMUNITY RESIDENTIAL ENTRY SIGNS. A RESOLUTION OF THE CITY
COUNCIL OF THE C ITY OF PALM BEACH GARDENS , FLORIDA, APPROVING
A MISCELLANEOUS AMENDMENT TO ALLOW THREE RESIDENTIAL ENTRY
SIGNS FOR THE BURWICK RESIDENTIAL COMMUNITY WITHIN THE PGA
~ATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD), LOCATED SOUTH
OF PGA BOULEVARD AND EAST OF RYDER CUP BOULEVARD , AS MORE
PARTICULARLY DESCRIBED HEREIN ; PROVIDING CONDITIONS OF
APPROVAL; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER
PURPOSES .
X. RESOLUTIONS:
a .
b .
C.
RESOLUTION 68 , 2017 -APPOINTMENTS AND RE-APPOINTMENTS TO THE
ART IN PUBLIC PLACES ADVISORY BOARD. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, APPROVING
THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE ART
IN PUBLIC PLACES ADVISORY BOARD ; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
RESOLUTION 69 2017 -APPOINTMENTS AND RE-APPOINTMENTS TO THE
PARKS AND RECREATION ADVISORY BOARD. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE
PARKS AND RECREATION ADVISORY BOARD ; PROVIDING AN EFFECTIVE
DATE ; AND FOR OTHER PURPOSES .
RESOLUTION 70, 2017 -APPOINTMENTS AND RE-APPOINTMENTS TO THE
PLANNING , ZONING AND APPEALS BOARD. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, APPROVING
THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE
PLANNING , ZONING , AND APPEALS BOARD; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
XI . ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE AD VISED 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 parties 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 five (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.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 12, 2017
7:00 P.M.
Mayor Marino
Vice Mayor Marciano
Councilmember Woods
Councilmember Lane (1:~~)
Councilmember Litt
I. /PLEDGE OF ALLEGIANCE
II. V ROLL CALL
III. ,/ADDITIONS, DELETIONS, MODIFICATIONS:
IV ~NNOUNCEMENTS / PRESENTATIONS:
a. CHARTER REVIEW COMMITTEE FINAL REPORT.
V . .,....-:ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. A oMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VII. VCITY MANAGER REPORT:
VIII. '-'CONSENT AGENDA:
'-f-0
a. APPROVE MINUTES FROM SEPTEMBER 25, 2017 CITY COUNCIL MEETING.
b. RESOLUTION 62, 2017-NON-EXCLUSIVE EASEMENT TO FLORIDA POWER &
LIGHT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, GRANTING A NON-EXCLUSIVE EASEMENT TO
FLORIDA POWER & LIGHT COMPANY FOR THE INSTALLATION, OPERATION ,
MAINTENANCE, AND SERVICE OF ELECTRIC FACILITIES; AUTHORIZING
THE MAYOR TO EXECUTE THE EASEMENT; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES
c. RESOLUTION 67, 2017 -NON-EXCLUSIVE UTILITY EASEMENT TO FLORIDA
POWER & LIGHT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, GRANTING A NON-EXCLUSIVE UTILITY
EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR THE RELOCATION
OF EXISTING UNDERGROUND POWER LINES TO FACILITATE THE WIDENING
OF THE HOOD ROAD BRIDGE OVER INTERSTATE 95; AUTHORIZING THE
MAYOR TO EXECUTE THE EASEMENT; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
d. RESOLUTION 72, 2017 -AGREEMENT FOR WETLAND MITIGATION. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING A CONTRACT FOR SALE AND PURCHASE
OF 2.06 OFF-SITE MITIGATION CREDITS FOR THE FIRST PHASE OF THE
DEVELOPMENT OF THE SANDHILL CRANE GOLF COURSE MAINTENANCE
FACILITY AND PARKING EXPANSION; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
e. RESOLUTION 73, 2017 -ALTON PCD PARCELS D, E, AND F PLAT APPROVAL.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING THE PLAT FOR ALTON PLANNED
COMMUNITY DEVELOPMENT (PCD) TRACTS D, E, AND F; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES
f. PURCHASE AWARD -RENTAL OF MOTOR VEHICLES (POLICE).
g. PURCHASE AWARD -MANAGEMENT AGREEMENT FOR FOOD & BEVERAGE
OPERATIONS AT SANDHILL CRANE GOLF CLUB.
h. PURCHASE AWARD -INFRASTRUCTURE WORK AT PUBLIC SAFETY
TRAINING COMPLEX.
i. PROCLAMATION-NATIONAL COMMUNITY PLANNING MONTH.
j. PROCLAMATION -NATIONAL BREAST CANCER AWARENESS MONTH.
k. PROCLAMATION -FLORIDA CITY GOVERNMENT WEEK.
I. PROCLAMATION -NATIONAL RED RIBBON WEEK.
m. PROCLAMATION-READ FOR THE RECORD.
n. PROCLAMATION-90TH ANNIVERSARY OF LESSER, LESSER, LANDY & SMITH.
o. PROCLAMATION -HONORING GRAND MASTER OF MASONS, RICHARD G.
HOOVER.
IX .. / PUBLIC HEARINGS:<* Designates Quasi-Judicial Hearing)
a. / ORDINANCE 22, 2017 -(2ND READING AND ADOPTION) BAN OF MEDICAL
MARIJUANA TREATMENT CENTER AND DISPENCING FACILITIES. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT. AT
SECTION 78-159. TABLE 21: PERMITTED, CONDITIONAL, AND
5 -0 PROHIBITED USE CHART, AND ADOPTING NEW NOTE U)(73) TO TABLE 21
IN ORDER TO ADD MEDICAL MARIJUANA TREATMENT CENTER -
DISPENSING FACILITIES TO THE LIST OF PROHIBITED USES IN ALL
ZONING DISTRICTS; FURTHER AMENDING CHAPTER 78 AT SECTION 78-
751. DEFINITIONS: BY ADDING THE NEW DEFINITIONS "MARIJUANA",
"MEDICAL MARIJUANA TREATMENT CENTER-DISPENSING FACILITY";
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.
• b.
C.
ORDINANCE 23, 2017 -(2ND READING AND ADOPTION) MORATORIUM ON
MICRO WIRELESS FACILITIES UNTIL DECEMBER 31, 2017. AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
ESTABLISHING AND IMPOSING A TEMPORARY MORATORIUM WITHIN THE
CITY OF PALM BEACH GARDENS ON THE SUBMITTAL AND PROCESSING
OF APPLICATIONS AND ISSUANCE OF ANY PERMITS PERTAINING TO
COLLOCATION ON EXISTING OR THE CREATION OF NEW UTILITY POLES
IN THE RIGHTS-OF-WAY TO SUPPORT SMALL WIRELESS FACILITIES OR
MICRO WIRELESS FACILITIES UNTIL DECEMBER 31, 2017, IN ORDER TO
ALLOW AN OPPORTUNITY TO DEVELOP REGULATIONS CONSISTENT WITH
CHAPTER 2017-136, LAWS OF FLORIDA THAT BECAME EFFECTIVE JULY 1,
2017; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
*RESOLUTION 71, 2017 -MISCELLANEOUS AMENDMENT FOR BURWICK
COMMUNITY RESIDENTIAL ENTRY SIGNS. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
A MISCELLANEOUS AMENDMENT TO ALLOW THREE RESIDENTIAL ENTRY
SIGNS FOR THE BURWICK RESIDENTIAL COMMUNITY WITHIN THE PGA
NATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD), LOCATED SOUTH
OF PGA BOULEVARD AND EAST OF RYDER CUP BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF
APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
X. RESOLUTIONS:
a. /RESOLUTION 68, 2017 -APPOINTMENTS AND RE-APPOINTMENTS TO THE
ART IN PUBLIC PLACES ADVISORY BOARD. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
!) -Q THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE ART
IN PUBLIC PLACES ADVISORY BOARD; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
b. RESOLUTION 69, 2017 -APPOINTMENTS AND RE-APPOINTMENTS TO THE
PARKS AND RECREATION ADVISORY BOARD. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE
PARKS AND RECREATION ADVISORY BOARD; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
c. RESOLUTION 70, 2017 -APPOINTMENTS AND RE-APPOINTMENTS TO THE
PLANNING, ZONING AND APPEALS BOARD. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING
THE APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE
PLANNING, ZONING, AND APPEALS BOARD; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
XI. ~EMS 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 parties 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.five (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.
_J
PLEASE PRINT
COMMENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
NAME: f. I Ji./(~ I le.. e I f <? iC
ADDRESS: : J :Z, M /1,~ 11/t>(u, CL
CITY: _j__/>'---~---~-' ______ ZIP:33 ':1 t C::""
SUBJECT: f"' <:t:>c c11:{ /,1 h '4 Cf<tt,ll-lAIP-
ITEM ON THE AGENDA: YES:~NO:_
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. This request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
· cards must be filled out for each specific Agenda Item about which you wish to speak.
COMMENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
NAME: -~~it ~J-J..:ic
ADDRESS: l 'i~l\ [OYVl,fv-t:SYZc..5 Lfl ~ (
CITY: JVfrtac ZIP: ----------------------
SUBJECT: wa,aMt; rR6W\ f~ CD~t..l~~ pqjJO,A"11 01'.J
ITEM ON THE AGENDA: YES: NO:K
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. This request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
· cards must be filled out for each specific Agenda Item about which you wish to speak.
COivfMENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
ITEM ON THE AGENDA: YES: NO:~
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda This request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (I) comment card per Agenda Item. Separate comment
cards must be filled out for each specific Agenda Item about which you wish to speak.
CO:M:MENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
("
NAME: ;' () f-1 Cd ( RJ.)~ S'
ADDRESS: ,f l o I P G ft lf?:_<J_{) ...
CITY: p, fr~ G ~ ZIP:
SUBJECT:
ITEM ON THE AGENDA: YES: NO:
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. This request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
cards must be filled out for each specific Agenda Item about which you wish to speak.
COlv.IlvIBNTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
NAME:
ADDRESS:_--=---~--~~~~~W----/k.~~--'=-~-----
CITY: --~~~~~d..L:f:::::~-ZIP: ~ i~/ g"
SUBJECT:
ITEM ON THE AGENDA: YES: NO:
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. lbis request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
· cards must be filled out for each specific Agenda Item about which you wish to speak.
COJ\1J\1ENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
NAME: ~)tl+J S~A.f
ADDRESS: __ ___,,.3:t-S-.[l,,,+(----,j'-/H,IIO-~-~--+-..--,,..,.~...._c ..,t:,_..-........41\-l~, ____ _
CITY: ___ f,~,8..._. _,..lt_, ----fi----ZIP: ~'1 IC)
SUBJECT: e t,;;µ_L fac,: t.!! >:
ITEM ON THE AGENDA: YES: NO:
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. This request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
cards must be filled out for each specific Agenda Item about which you wish to speak.
-------------------------------------~
COM1v1ENTS FROM TIIB PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
NAME:
ADDRESS: ___...~=-------:1=,,-L---'-----:-~r--'-1,,L---+-.,__------"----1'----"'-'"""-=_....,,. _____ _
CITY: ------+-'--~~~-""'-------ZIP:~~~
SUBJECT:
ITEM ON THE AGENDA:
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. This request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
· cards must be filled out for each specific Agenda Item about which you wish to speak.
C01\1MENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
?h ,' I ; f 'B I u 111 ,e, j NAME:
ADDREss: " r? SI s,. Lei fcq_ o r
CITY: -Ut-[t<--J_~q-r-_k_S:--,re_-J _fi-_ ___ Z_IP_:_J._~_f 0~
SUBJECT: li, A. rt-(_ r
ITEM ON THE AGENDA: YES: V NO:
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. 1bis request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
· cards must be filled out for each specific Agenda Item about which you wish to speak.
COMMENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
NAME: V 1-w D:fi.-: f i;At'-' ~s &:J
ADDREss: \ a Lf 1 ~t::\ At2'{ '-,trtU-c; Gut.c-c£
CITY: ZIP:
SUBJECT: a;,:\ A{l:((-0,.. ~VI~~ --
ITEM ON THE AGENDA: YES: NO:
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. This request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1 ) comment card per Agenda Item. Separate comment
cards must be filled out for each specific Agenda Item about which you wish to speak.
CO:M:MENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
NAME: __ J~fl....-..lS:_S_(){_~_l;_C _________ _
ADDRESS: __,J...__o~2.-f ~S,""'"""~-fl.i'-------"oAll(S~..___--a~fL--=----_lJ _____ _
CITY: _f:&;~---------ZIP: ~]'(cO
SUBJECT: £~G Q,{p..fv1J~-'RCJ'@..d u)fr7MC{J~
ITEM ON THE AGENDA: YES: NO:
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. This request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
· cards must be filled out for each specific Agenda Item about which you wish to speak.
COM::MENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
NAlvfE: £Rt;"D Sc}dt;=l~L
ADDRESS: __ _c_l _G_2.._t,_cs;:_· ;---=,;;w.=--.e...A.L..-=..:cA;....>..;IL__,CS-C=--..;..;.\ R.---'J-=----------
CITY: __ P_6-=--'1~--------ZIP: 3J l/(O
SUBJECT: Ch a...-k R_e v'41 c_.._,_\.. ~rvf=
ITEM ON THE AGENDA: YEs:L NO:_
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. This request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
· cards must be filled out for each specific Agenda Item about which you wish to speak.
PLEASE PRINT
COMMENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
NMvfE: fi\ar ~ I
/
ITEM ON THE AGENDA:
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. This request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
· cards must be filled out for each specific Agenda Item about which you wish to speak.
COMMENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
NAME: Mck 7il/hb{)v/!t/~,;
ADDRESS: 4 /Z /.Jo-dff~ C:1, l/3 1#b?1) ..
CITY:
ITEM ON THE AGENDA: YES: V NO:
/
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. This request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
· cards must be filled out for each specific Agenda Item about which you wish to speak.
COMMENTS FROM THE PUBLIC
REQUEST TO ADDRESS CITY COUNCIL
PLEASE PRINT
NAME: ~r.d0-..ra..... &ro.....s:.sfr"'Q__J-J
ADDRESS: .2./ c')-o t:I Ac 'f o J)i 'YI ~ CI ,,...;__ / g.,.
CITY: /6 <:5--ZIP: 5 3 W-=:=P
SUBJECT: ~ tJlser 0 & ~ I~
ITEM ON THE AGENDA:
Members of the public may address the City Council during the "Comments by the Public" and
"Public Hearings" portions of the agenda. 1bis request to address the City Council must be
delivered to the City Clerk prior to the commencement of the item. Each speaker will be given
three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment
· cards must be filled out for each specific Agenda Item about which you wish to speak.
10/1;).../11 CA~ C.0.»Jec,'L fJ•,ti&'fU"S · ll-eaJL ';ll\.1b ~ ~ 6~ /Af)J.(ol ~\'Ni ·@ Tonight we are holding quasi-judicial hearings on the following case
•*RESOLUTION 71, 2017 -MISCELLANEOUS AMENDMENT FOR
BURWICK COMMUNITY RESIDENTIAL ENTRY SIGNS.
This means that the City Council is required by law to base its decision on the
evidence contained in the record of this proceeding, which consists of the testimony at
the hearing, the materials which are in the official City file on this application and
any documents presented during this hearing.
The Council is also required by law to allow cross-examination of any witnesses who
testify tonight. Cross-examination may occur after the staff, the applicant and other
participants have made their presentations and will be permitted in the order of the
witnesses' appearance. It is necessary that anyone who testifies at the hearing remain
until the conclusion of the hearing in order to be able to respond to any questions.
If you plan to testify this evening, or wish to offer written comments, please fill out a
card and give it to the City Clerk.
The City Clerk will now swear in all persons who intend to off er testimony this
evening on any of these cases.
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, M·.W.·.G:.M:. Richard G. Hoover was bom in Williamsport, Pennsylvania, May 31, 1952.
He graduated from Williamsport High School in 1970, worked in his father's construction business until he
moved to St. Petersburg, Florida in 1977; and
WHEREAS, Richard married his high school sweetheart on December 17, 1983 and they have two sons
and a daughter together. Richard has a daughter from a previous ma"iage. They have 3 beautiful
granddaughters; and
WHEREAS, in 1988 Richard and his son Bobby incorporated All R 's Pest Management which has been
successful and serving customers for almost 30 years; and
WHEREAS, Richard received the Three Symbolic Degrees of the Freemasonry in 1994, served his
lodge as Worshipful Master in 1998, as Secretary from 2004 through 2013 and served his District in various
committee chairmanship from 1997 through 2008; and
WHEREAS, Richard served as District Deputy Grand Master in 2003 and District Instructor in 2001,
2002, 2005, 2006 and 2013; and
WHEREAS, Richard was appointed W:. Grand Standard Bearer in 2007, became Zone Chairman FA-
100 in 2004, Zone Chairman of Public Relations and Publicity in 2008, Zone Chairman of Public Education
and Citizenship in 2012, State Chairman of Public Relations and Publicity in 2009 and State Chairman of
Masonic Leadership Training in 2010 and 2011; and
WHEREAS, Richard was given the lifetime appointment of being the Grand Representation to the
Grand Lodge of Arizona and for the Grand Lodge of Florida and this esteemed honor was bestowed upon him
in 2010; and
WHEREAS, Richard was elected to the Office of Junior Grand Warden on May 26, 2014, the Senior
Grand Warden on May 28, 2015, Deputy Grand Master on June 2, 2016, elected Grand Master, and then
installed Grand Master of Masons of Florida on his 651h Birthday on May 31, 2017.
NOW, THEREFORE, I, Maria G. Marino, by virtue of the authority vested in me as Mayor of the City
of Palm Beach Gardens, Florida, do hereby honor and express gratitude/or M·.W.·.G:.M·.Richard G. Hoover's
outstanding achievements, dedication and service to our community.
Attest:
I
Patric ia Snide r, CM C, 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 1 ]lb day of
October in ihe year Two Thousand and Seventeen.
_flJtJJµ_)j _.)'fjtU!'(-
Maria G. Marino, Mayor
/
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, communities across America have been plagued by the numerous problems associated
with illicit drug use and those that traffic in them; and
WHEREAS, there is hope in winning the war on drugs, and that hope lies in education and drug
demand reduction, coupled with the hard work and determination of organizations such as the Young Marines
of the Marine Corps League to foster a healthy, drug-free lifestyle; and
WHEREAS, governments and community leaders know that citizen support is one of the most
effective tools in the effort to reduce the use of illicit drugs in our communities; and
WHEREAS, the red ribbon has been chosen as a symbol commemorating the work of Enrique "Kiki"
Camarena, a Drug Enforcement Administration agent who was murdered in the line of duty, and represents the
belief that one person can make a difference; and
WHEREAS, the Red Ribbon Campaign was esta_blished by Congress in 1988 to encourage a drug-
free lifestyle and involvement in drug prevention and reduction efforts; and
WHEREAS, October 23-31, 2017 has been designated National Red Ribbon Week, which encourages
Americans to wear a red ribbon to show their support for a drug-free environment.
NOW, THEREFORE, I, Maria G. Marino, by virtue of the authority vested in me as Mayor of the
City of Palm Beach Gardens, Florida, do hereby proclaim October 23-31, 2017 as
NATIONAL RED RIBBON WEEK
in the City of Palm Beach Gardens and urge all citizens to join me in this special observance.
Attest:
Attest:
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 12"' day of October in the
year Two Thousand and Seventeen.
Maria G. Marino, Mayor
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 12"' day of October in the
year Two Thousand and Seventeen.
Maria G. Marino, Mayor
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, Jumpstart, a national early education organization, is working to ensure that all
children in America enter kindergarten prepared to succeed;
WHEREAS, Jumpstart recruits and trains college students and community volunteers to provide
language, literacy, and social-emotional programming to preschool children living in under-resourced
communities, helping to develop the key skills that are essential for children to succeed in school and in life;
WHEREAS, since 1993, Jumpstart has trained nearly 45,000 college students and community
volunteers to transform the lives of more than 100,000 preschool children nationwide;
WHEREAS, Jumpstart 's Read for the Record, is a national campaign that was launched over a
decade ago to highlight the importance of high quality early learning for all children, while also raising.funds
to support Jumpstart 's programming in communities across the country; and
WHEREAS, the goals of the campaign are to inspire adults to read with children, to spur
policymakers and organizations to take action towards transformative change in early education, and to put
books in the hands of more children across the country;
WHEREAS, October 19, 2017, would be an appropriate date to designate as "Jumpstart's Read for
the Record Day" because it is the date Jumpstart aims to set the world record for the largest shared reading
experience;
WHEREAS, Jumpstart hopes to engage over 2. 4 million adults and children nationwide in reading
Quackers by Liz Wong during this record-breaking celebration of reading and service, all in support of
Florida 's preschool children:
NOW, THEREFORE, I, Maria G. Marino, by virtue of the authority vested in me as Mayor of the
City of Palm Beach Gardens, Florida, do hereby proclaim October 19, 2017 as
JUMPSTART'S READ FOR THE RECORD DAY
and applaud the efforts of Jumpstart in working towards transformative change in early education and of
Jumpstart Corps members in committing hundreds of hours of service each year to young children in the City of
Palm Beach Gardens.
Attest:
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 12'h day of
October in the year Two Thousand and Seventeen.
Maria G. Marino, Mayor
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, city government is the government closest to most citizens, and the one with the most
direct daily impact upon its residents; and
WHEREAS, city government is administered for and by its citizens, and is dependent upon public
commitment to and understanding of its many responsibilities; and
WHEREAS. city government officials and employees share the responsibility to pass along their
understanding of public services and their benefits; and
WHEREAS, Florida City Government Week is a very important time to recognize the important role
played by city government in our lives. This week offers an important opportunity to spread the word to all the
citizens of Florida that they can shape and influence this branch of government which is closest to them; and
WHEREAS, the Florida League of Cities and its member cities have joined together to teach students
and other citizens about municipal government through a variety of di.fferent projects and information; and
WHEREAS, Florida City Government Week offers an important opportunity to convey to all the
citizens of Florida that they can shape and influence government through their civic involvement.
NOW, THEREFORE. l Maria G. Marino, by virtue of the authority vested in me as Mayor of the
City of Palm Beach Gardens, Florida, do hereby proclaim October 23 -29, 2017 as
FLORIDA CITY GOVERNMENT WEEK
in the City of Palm Beach Gardens and encourage all citizens, city government officials and employees to
recognize this week, celebrate, and encourage educational partnerships between city government and schools.
Attest:
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 J 2'h day of
October in the year Two Thousand and Seventeen.
Maria G. Marino , Mayor
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, October 2017 is National Breast Cancer Awareness Month; and
WHEREAS, October 20, 2017 is National Mammography Day; and
WHEREAS, breast cancer is the most common cancer among women, except for skin cancer; and
WHEREAS, breast cancer is the second leading cause of cancer death in women, after lung cancer; and
WHEREAS, the chance of developing invasive breast cancer at some time in a women's life is about 1 in 8;
and
WHEREAS, almost 316,120 new cases of female breast cancer will be diagnosed in 2017 and about 40,610
will die from the disease; and
WHEREAS, African American women are more likely to die from breast cancer than women of all other
races; and
WHEREAS, an estimated 2470 cases of male breast cancer will be diagnosed in 2017 and about 460 men
will die of the disease; and
WHEREAS, death rates from breast cancer have been declining, and this change is believed to be the result
of earlier detection and improved treatment; and
WHEREAS, mammography-an "x-ray " of the breast-is recognized as the single most effective method of
detecting breast changes that may be cancer long before physical symptoms can be seen or felt; and
NOW, THEREFORE, I, Maria G. Marino, Mayor of the City of Palm Beach Gardens, Florida, do hereby
proclaim the month of October 2017 as NATIONAL BREAST CANCER AWARENESS MONTH and
October 20'" as
Atte~
7tr~ity Clerk
NATIONAL MAMMOGRAPHY DAY
in the City of Palm Beach Gardens
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 ]Iii day of October in the
Year Two Thousand and Seventeen.
Maria G. Marino, Mayor
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas,
and other places; and
WHEREAS, community planning and plans can help manage this change in a way that provides better choices for
how people work and live; and
WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in
making choices that determine the future of their community; and
WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and
demand excellence in planning and plan implementation; and
WHEREAS, the month of October is designated as National Community Planning Month throughout the United
States of America and its territories; and
WHEREAS, The American Planning Association and its professional institute, the American Institute of Certified
Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound
planning and plan implementation make to the quality of our settlements and environment; and
WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly
recognize the participation and dedication of the members of planning commissions and other citizen planners
who have contributed their time and expertise to the improvement of the City of Palm Beach Gardens.
NOW, THEREFORE, I, Maria G. Marino, by virtue of the authority vested in me as Mayor of the City of Palm
Beach Gardens, Florida, do hereby proclaim the month of October 2017 as
NATIONAL COMMUNITY PLANNING MONTH
in the City of Palm Beach Gardens and we recognize the many valuable contributions made by professional
community and regional planners and extend our heartfelt thanks for the continued commitment to public service
by these professionals.
Attest:
Clerk, CMC
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 12'h
day of October in the year Two Thousand and
Seventeen.
fl;J)u_ _)j /17~
Maria G. Marino, Mayor