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Agenda Council Agenda 110217
CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 2, 2017 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. PALM BEACH GARDENS MEDICAL CENTER CEO DIANNE GOLDENBERG b. WEISS SCHOOL 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 OCTOBER 12, 2017 CITY COUNCIL MEETING. b. RESOLUTION 75, 2017 - FLORIDA POWER & LIGHT MASTER AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A MASTER LICENSE AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. PURCHASE AWARD – REAL ESTATE BROKERAGE SERVICES (PUBLIC WORKS PROPERTY). d. PURCHASE AWARD – PURCHASE OF BUNKER GEAR FOR FIRE RESCUE DEPARTMENT. e. PURCHASE AWARD – PURCHASE OF BOOM TRUCK FOR PUBLIC SERVICES. Mayor Marino Vice Mayor Marciano Councilmember Woods Councilmember Lane Councilmember Litt f. PROCLAMATION – EPILEPSY AWARENESS MONTH. g. PROCLAMATION – NATIONAL GIS DAY. h. PROCLAMATON – NATIONAL HOSPICE & PALLIATIVE CARE MONTH. i. PROCLAMATION – WORLD PANCREATIC CANCER DAY. IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. ORDINANCE 20, 2017 – (1ST READING) AMENDING CHAPTER 62 OF THE LAND DEVELOPMENT REGULATIONS FOR WIRELESS FACILITIES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 62 OF THE CITY’S CODE OF ORDINANCES TO PROVIDE FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES ON EXISTING UTILITY POLES OR THE INSTALLATION OF NEW UTILITY POLES TO SUPPORT THE COLLOCATION OF SMALL WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES IN CITY-OWNED RIGHTS-OF-WAY AND AMENDING THE DEFINITIONS TO BE CONSISTENT WITH SECTION 337.401, FLORIDA STATUTES; PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. ORDINANCE 21, 2017 – (1ST READING) AMEND PGA CORRIDOR CHART OF USES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-159. PERMITTED USES, MINOR AND MAJOR CONDITIONAL USES, AND PROHIBITED USES. BY AMENDING TABLE 21: PERMITTED, CONDITIONAL, AND PROHIBITED USE CHART, TO ADD ELECTRIC AUTOMOBILE SHOWROOM; FURTHER AMENDING CHAPTER 78. AT SECTION 78-221 PGA BOULEVARD CORRIDOR OVERLAY BY REPEALING SUBSECTION (d) AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. AT SECTION 78-751 TO ADOPT NEW DEFINITIONS “ELECTRIC AUTOMOBILE SHOWROOM”, “ELECTRIC AUTOMOBILE”, AND “HYBRID AUTOMOBILE”; 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. X. RESOLUTIONS: 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. 1 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 October 12, 2017 5 6 The regular meeting was called to order at 7:04 p.m. by Mayor Marino. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Marino, Vice Mayor Marciano, Council.member Woods, Council.member 10 Lane {arrived at 7:28 p.m.}, Council.member Litt. 11 ABSENT: None. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 a. CHARTER REVIEW COMMITTEE FINAL REPORT. 16 Presentation was given by Brian Seymour, Charter Review Committee Chair. 17 Public Comment: Tom Cairnes, 3101 PGA Blvd, Palm Beach Gardens; Roma Josephs, 323 18 Sunset Bay Lane, Palm Beach Gardens; Kevin Easton, 8511 40th Terrace, Palm Beach Gardens; 19 Sid Dinerstein, 15 St. George Place, Palm Beach Gardens; Philip Blumel, 7878 S. Lake Drive, 20 Lake Clarke Shores; Vito DeFrancesco, 1049 Shady Lakes Circle, Palm Beach Gardens; Iris 21 Scheibel, 1029 Siena Oaks Circle W., Palm Beach Gardens; Fred Scheib), 1029 Siena Oaks 22 Circle W., Palm Beach Gardens; Marilyn Parmet, 116 Abondance Dr, Palm Beach Gardens; 23 Nick Tomboulides, 812 Hoodsore Cob Lane, Melbourne; Barbara Grossman, 21000 Portofino 24 Circle, Palm Beach Gardens. 25 Councilmember Woods made a motion to direct the City Attorney to draft ballot language 26 revising and reorganizing the City Charter to correct the inconsistencies, conflicts, and legal 27 insufficient provision that currently exist in the Charter. 28 Councilmember Litt seconded. 29 Motion passed 5-0. 30 Councilmember Woods made a motion to direct the City Attorney to draft ballot language to 31 limit the terms limits for City Councilmembers to three 3-year terms. 32 Councilmember Litt seconded. 33 Motion passed 4-1. 34 Councilmember Lane opposed. 35 Councilmember Woods made a motion to direct the City Attorney to draft ballot language to 36 require a City Council.member to be out of office for one full term prior to being eligible to hold 3 7 office again. 38 Vice Mayor Marciano seconded. 39 Motion passed 5-0. 40 Councilmember Litt made a motion to direct the City Attorney to draft ballot language to 41 change the City's method of election from majority to plurality. 42 Councilmember Woods seconded. 43 Motion passed 5-0. 44 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 45 Councilmember Rachelle Litt: Attended the Palm Beach Gardens Green Market 16th 46 Anniversary Opening; North County Neighborhood Coalition; Economic Development Advisory 47 Board; Forum Club of the Palm Beaches; Business Development Board Luncheon; Palm Beach CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 10-12-17 PAGE 1 1 County League of Cities Luncheon; Palm Beach North Chamber of Commerce CEO Connection 2 Event, Palm Beach County Cares Meeting; Sober Home Task Force Meeting 3 Councilmember Matthew Lane: Councilmember Lane arrived after this item commenced. 4 Councilmember Carl Woods: Addressed issues regarding traffic at William T. Dwyer High 5 School during peak hours. 6 Vice Mayor Mark Marciano: Attended the Florida Department of Transportation Meeting, 7 Palm Beach Gardens Green Market 16th Anniversary Opening; Treasure Coast Rail Meeting; 8 Mayor Maria Marino: Gave the State of the City Presentation at the North County 9 Neighborhood Coalition; Announced Read for the Record will on be on Thursday October 19, 10 2017 at the Riverside Youth Enrichment Center; Coffee and Conversation with the Mayor will 11 be October 26, 2017 in the City Hall Lobby; Pitch for the Cure will be at Lake Catherine Park on 12 October 14, 2017; Displayed the Fire Rescue Breast Cancer Awareness T-Shirt. 13 VI. COMMENTS FROM THE PUBLIC 14 Kathryn Gettinger, 4250 Hickory Drive, Palm Beach Gardens; Donaldson Hearing, 1934 15 Commerce Lane #1, Jupiter. 16 VII. CITY MANAGER REPORT 17 Provided a status of the cleanup of the debris due to Hurricane Irma and the cost of clean up and 18 damages to City facilities. Announced the City collected 67,581 cubic yards of debris. 19 Announced there is a Transit Oriented Design Workshop on Thursday, October 19, 2017 at 6:00 20 p.m. in the Emergency Operations Center. 21 VIII. CONSENT AGENDA 22 a. APPROVE MINUTES FROM SEPTEMBER 25, 2017 CITY COUNCIL MEETING. 23 b. RESOLUTION 62, 2017 -NON-EXCLUSIVE EASEMENT TO FLORIDA POWER 24 & LIGHT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 25 BEACH GARDENS, FLORIDA, GRANTING A NON-EXCLUSIVE EASEMENT TO 26 FLORIDA POWER & LIGHT COMPANY FOR THE INSTALLATION, 27 OPERATION, MAINTENANCE, AND SERVICE OF ELECTRIC FACILITIES; 28 AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT; PROVIDING AN 29 EFFECTIVE DA TE; AND FOR OTHER PURPOSES. 30 c. RESOLUTION 67, 2017 -NON-EXCLUSIVE UTILITY EASEMENT TO 31 FLORIDA POWER & LIGHT. A RESOLUTION OF THE CITY COUNCIL OF THE 32 CITY OF PALM BEACH GARDENS, FLORIDA, GRANTING A NON-EXCLUSIVE 33 UTILITY EASEMENT TO FLORIDA POWER & LIGHT COMP ANY FOR THE 34 RELOCATION OF EXISTING UNDERGROUND POWER LINES TO FACILITATE 35 THE WIDENING OF THE HOOD ROAD BRIDGE OVER INTERSTATE 95; 36 AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT; PROVIDING AN 37 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 38 d. RESOLUTION 72, 2017 -AGREEMENT FOR WETLAND MITIGATION. A 39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 40 GARDENS, FLORIDA, APPROVING A CONTRACT FOR SALE AND PURCHASE 41 OF 2.06 OFF-SITE MITIGATION CREDITS FOR THE FIRST PHASE OF THE 42 DEVELOPMENT OF THE SANDHILL CRANE GOLF COURSE MAINTENANCE 43 FACILITY AND PARKING EXPANSION; PROVIDING AN EFFECTIVE DATE; 44 AND FOR OTHER PURPOSES. 45 e. RESOLUTION 73, 2017 -ALTON PCD PARCELS D, E, AND F PLAT 46 APPROVAL. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 47 BEACH GARDENS, FLORIDA, APPROVING THE PLAT FOR ALTON PLANNED CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 10-12-17 PAGE 2 1 COMMUNITY DEVELOPMENT (PCD) TRACTS D, E, AND F; PROVIDING AN 2 EFFECTIVE DATE; AND FOR OTHER PURPOSES 3 f. PURCHASE AW ARD -RENT AL OF MOTOR VEHICLES (POLICE). 4 g. PURCHASE AW ARD -MANAGEMENT AGREEMENT FOR FOOD & 5 BEVERAGE OPERATIONS AT SANDHILL CRANE GOLF CLUB. 6 h. PURCHASE AWARD -INFRASTRUCTURE WORK AT PUBLIC SAFETY 7 TRAINING COMPLEX. 8 i. PROCLAMATION -NATIONAL COMMUNITY PLANNING MONTH. 9 j. PROCLAMATION -NATIONAL BREAST CANCER AWARENESS MONTH. 10 k. PROCLAMATION -FLORIDA CITY GOVERNMENT WEEK. 11 1. PROCLAMATION -NATIONAL RED RIBBON WEEK. 12 m. PROCLAMATION-READ FOR THE RECORD. 13 n. PROCLAMATION -90™ ANNIVERSARY OF LESSER, LESSER, LANDY & 14 SMITH. 15 o. PROCLAMATION -HONORING GRAND MASTER OF MASONS, RICHARD G. 16 HOOVER. 17 Vice Mayor Marciano made a motion for approval of the Consent Agenda. 18 Councilmember Woods seconded. 19 Motion passed 4-0. Councilmember Lane was not present for vote. 20 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 21 Those preparing to give testimony were sworn in. 22 The City Clerk read Ordinance 22, 2017 by title. 23 a. ORDINANCE 22, 2017 -(2ND READING AND ADOPTION) BAN OF MEDICAL 24 MARIJUANA TREATMENT FACILITIES AND DISPENSARIES. AN ORDINANCE OF 25 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, 26 AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-159. TABLE 21: 27 PERMITTED, CONDITIONAL, AND PROHIBITED USE CHART, AND ADOPTING NEW 28 NOTE G)(73) TO TABLE 21 IN ORDER TO ADD MEDICAL MARIJUANA TREATMENT 29 CENTER -DISPENSING FACILITIES TO THE LIST OF PROHIBITED USES IN ALL 30 ZONING DISTRICTS; FURTHER AMENDING CHAPTER 78 AT SECTION 78-751. 31 DEFINITIONS. BY ADDING THE NEW DEFINITIONS "MARIJUANA", "MEDICAL 32 MARIJUANA TREATMENT CENTER-DISPENSING FACILITY"; PROVIDING THAT 33 EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND 34 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY 35 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 36 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 37 PURPOSES 38 Mayor Marino opened the Public Hearing. 39 Petitioner: None. 40 Staff presentation: No changes since first reading. 41 Public comment: Richard Preiser, 4233 Magnolia Court Palm Beach Gardens. 42 Mayor Marino closed the Public Hearing. 43 Mayor Marino brought item back for discussion. -discussion ensued. 44 Councilmember Litt made a motion to approve Ordinance 22, 2017 on second reading and 45 adoption. 46 Councilmember Lane seconded. 47 Motion passed 5-0. 48 The City Clerk read Ordinance 23, 2017 by title. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 10-12-17 PAGE 3 -----------------------------------·--··-·-- 1 b. ORDINANCE 23, 2017 -(2ND READING AND ADOPTION) MORATORIUM ON 2 MICRO WIRELESS FACILITIES UNTIL DECEMBER 31, 2017. AN ORDINANCE OF THE 3 CITY COUNCIL OF 11ffi CITY OF PALM BEACH GARDENS, . FLORIDA, 4 ESTABLISHING AND IMPOSING A TEMPORARY MORATORIUM WITHIN THE CITY 5 OF PALM BEACH GARDENS ON THE SUBMITTAL AND PROCESSING OF 6 APPLICATIONS AND ISSUANCE OF ANY PERMITS PERTAINING TO COLLOCATION 7 ON EXISTING OR 11ffi CREATION OF NEW UTILITY POLES IN THE RIGHTS-OF-WAY 8 TO SUPPORT SMALL WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES 9 UNTIL DECEMBER 31, 2017, IN ORDER TO ALLOW AN OPPORTUNITY TO DEVELOP 10 REGULATIONS CONSISTENT WITH CHAPTER 2017-136, LAWS OF FLORIDA THAT 11 BECAME EFFECTIVE JULY 1, 2017; PROVIDING A CONFLICTS CLAUSE, A 12 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 13 DATE; 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 Lane made a motion to approve Ordinance 23, 2017 on second reading and 21 adoption. 22 Councilmember Litt seconded. 23 Motion passed 5-0. 24 The City Clerk read Resolution 71, 2017 by title. 25 c. *RESOLUTION 71, 2017 -MISCELLANEOUS AMENDMENT FOR BURWICK 26 COMMUNITY RESIDENTIAL ENTRY SIGNS. A RESOLUTION OF THE CITY COUNCIL 27 OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A 28 MISCELLANEOUS AMENDMENT TO ALLOW THREE RESIDENTIAL ENTRY SIGNS 29 FOR THE BURWICK RESIDENTIAL COMMUNITY WITHIN THE PGA NATIONAL 30 PLANNED COMMUNITY DEVELOPMENT (PCD), LOCATED SOUTH OF PGA 31 BOULEVARD AND EAST OF RYDER CUP BOULEVARD, AS MORE PARTICULARLY 32 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN 33 EFFECTIVE DA TE; AND FOR OTHER PURPOSES. 34 Mayor Marino opened the Public Hearing. 35 Mayor Marino asked for an ex-parte. 36 None. 37 Petitioner: Angela Eisenhauer, Lang Management Company. 38 Staff presentation: None. Staff recommended approval of Resolution 71, 2017. 39 Public comment: None. 40 Mayor Marino closed the Public Hearing. 41 Mayor Marino brought item back for discussion. -discussion ensued. 42 Councilmember Lane made a motion to approve Resolution 71, 2017. 43 Councilmember Litt seconded. 44 Motion passed 5-0. 45 X. RESOLUTIONS 46 The City Clerk read Resolution 68 , 2017 by title. 47 a. RESOLUTION 68, 2017 -APPOINTMENTS AND RE-APPOINTMENTS TO THE ART IN 48 PUBLIC PLACES ADVISORY BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 10-12-17 PAGE 4 1 CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE APPOINTMENT OF 2 REGULAR AND ALTERNATE MEMBERS TO THE ART IN PUBLIC PLACES ADVISORY 3 BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 4 Mayor Marino opened the Public Hearing and announced that staff wound not be making a 5 presentation for Resolution 68, since the board appointments are made by the City Council. 6 Public comment: None. 7 Mayor Marino closed the Public Hearing. 8 Mayor Marino brought item back for discussion. -discussion ensued. 9 Vice Mayor Marciano recommended Marci Bulitt, Vincent Cassanetti, Amy Mauser and 10 Charles Millar be reappointed to the Art in Public Places Advisory Board. 11 Councilmember Litt seconded. 12 Motion passed 5-0. 13 Following the vote for Regular Members, Councilmember Lane requested to appoint an alternate 14 to the Board. Discussion ensued resulting in a recommendation from Councilmember Lane to 15 appoint Zaven Kazandjian as an alternate member. 16 Vice Mayor Marciano made the motion to appoint Michael Richards as a regular member and 17 Zaven Kazandjian as an alternate member to the Art in Public Places Advisory Board. 18 Councilmember Lane seconded. 19 Motion passed 5-0. 20 Vice Mayor Marciano made a motion to approve Resolution 68, 2017. 21 Councilmember Lane seconded. 22 Motion passed 5-0. 23 The City Clerk read Resolution 69, 2017 by title. 24 b. RESOLUTION 69, 2017 -APPOINTMENTS AND RE-APPOINTMENTS TO THE PARKS 25 AND RECREATION ADVISORY BOARD. A RESOLUTION OF THE CITY COUNCIL OF 26 THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE APPOINTMENT 27 OF REGULAR AND AL TERNA TE MEMBERS TO THE PARKS AND RECREATION 28 ADVISORY BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 29 Mayor Marino opened the Public Hearing and announced that staff wound not be making a 30 presentation for Resolution 69, since the board appointments are made by the City Council. 31 Public comment: None. 32 Mayor Marino closed the Public Hearing. 33 Mayor Marino brought item back for discussion. -discussion ensued. 34 Vice Mayor Marciano recommended Valerie Fennon, Mary Anne Hedrick, Carol Dutra-Ellis 35 and Bruce Bonvento be reappointed to the Parks and Recreation Advisory Board. 36 Councilmember Litt recommended Kelly Rogers and Shelly Roe be appointed as regular 37 members of the Parks and Recreation Advisory Board. 38 Vice Mayor Marciano seconded. 39 Motion passed 5-0. 40 Vice Mayor Marciano recommended Andrew Heim as first alternate and Joseph Russo Jr. as 41 second alternate of the Parks and Recreation Advisory Board. 42 Councilmember Litt seconded. 43 Motion passed 3-2. 44 Mayor Marino and Councilmember Lane opposed. 45 Vice Mayor Marciano made a motion to approve Resolution 69, 2017. 46 Councilmember Litt seconded. 47 Motion passed 5-0. 48 The City Clerk read Resolution 70, 2017 by title. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 10-12-17 PAGE 5 1 c. RESOLUTION 70, 2017 -APPOINTMENTS AND RE-APPOINTMENTS TO THE 2 PLANNING, ZONING AND APPEALS BOARD. A RESOLUTION OF THE CITY COUNCIL 3 OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE 4 APPOINTMENT OF REGULAR AND ALTERNATE MEMBERS TO THE PLANNING, 5 ZONING, AND APPEALS BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR 6 OTHER PURPOSES. 7 Mayor Marino opened the Public Hearing and announced that staff wound not be making a 8 presentation for Resolution 70, since the board appointments are made by the City Council. 9 Public comment: None. 10 Mayor Marino closed the Public Hearing. 11 Mayor Marino brought item back for discussion. -discussion ensued. 12 Vice Mayor Marciano made a motion for Carl Sabatello be reappointed to the Planning and 13 Zoning Advisory Board. 14 Motion passed 5-0. 15 Councilmember Woods recommended C. Steve Lewis, B. John Glidden and Roma Josephs as 16 regular members to Planning and Zoning Appeals Board. 17 Councilmember Lane seconded. 18 Motion passed 5-0. 19 Vice Mayor Marciano recommended Debra Canney as first alternate and Christopher Oftedal 20 as second alternate to the Planning and Zoning Appeals Board. 21 Councilmember Lane made a motion to approve Resolution 70, 2017. 22 Vice Mayor Marciano seconded. 23 Motion passed 5-0. 24 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 25 Councilmember Litt requested that the board and committee application be reviewed to add 26 more information per Councilmember Lane's request. 27 XII. CITY ATTORNEY REPORT 28 None. 29 (J'he remainder of this page intentionally left blank.) 30 31 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 10-12-17 PAGE 6 1 XIII. ADJOURNMENT 2 Mayor Marino adjourned the meeting at 10:30 p.m. 3 4 The next regularly scheduled City Council meeting will be held November 2, 2017. 5 6 APPROVED: 7 8 9 10 Maria G. Marino, Mayor 11 12 13 14 · Mark T. Marciano, Vice Mayor 15 16 17 18 Carl W. Woods, Councilmember 19 20 21 22 Matthew Jay Lane, Councilmember 23 24 25 26 27 28 29 30 31 32 33 34 ATTEST: 35 36 37 38 39 Patricia Snider, CMC 40 City Clerk 41 42 43 Rachelle A. Litt, Councilmember 44 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 45 meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk. 46 All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 10-12-17 PAGE 1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 2, 2017 Resolution 75, 2017 Subject/Agenda Item: A resolution authorizing the Mayor to execute a Master Solar License Agreement with Florida Power and Light Company to use certain City premises for the installation and distribution of renewable solar energy equipment. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: City Attorney Allan Owens Submitted by: J.E. Doughney Ill Deputy City Manager Approved by: Advertised: NA Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required Costs:$ N/A (Total) $ N/A Current FY Funding Source: [ ] Operating [x] Other Contract/Agreement: Effective Date: 11/2/2017 Expiration Date: 10/31/2027 Budget Acct.#: N/A Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Resolution 75, 2017 -Exhibit "A": Master Solar Equipment License Agreement with Florida Power and Light Company Meeting Date: November 2, 2017 Resolution 75, 2017 Page 2 of 2 BACKGROUND: The City wishes to enter into a master license agreement with Florida Power and Light Company (FPL) for the use of certain City premises for the installation of renewable energy-generating equipment, and the distribution of any electricity generated by that equipment exclusively within the City's premises. In 2014, FPL received approval from the Florida Public Services Commission (PSC) to launch the SolarNow program. This is a three-year pilot program in which FPL customers voluntarily donate money monthly to the program in order to support the development of solar energy systems in FPL's territory. There are approximately 120 City residents who contribute $9.00 monthly to the program. The City supplied FPL with a list of potential locations, primarily public places such as parks and parking lots, that will allow residents and visitors to enjoy and benefit from the equipment. From this list, FPL reviewed the potential site locations that fit the criteria needed to install the equipment and selected two locations to begin the SolarNow program in the City. The site locations chosen are the Burns Road Recreation Center and the Joseph R. Russo Athletic Complex. There will be two solar trees located adjacent to the Burns Road Recreation Center and a solar panel canopy structure located at the Joseph R. Russo Athletic Complex. This project is at no cost to the City for the equipment and ongoing maintenance of the solar equipment. The term upon installation of the equipment will be for ten years with the option to extend for four additional five-year periods. STAFF RECOMMENDATION: Staff recommends approval of Resolution 75, 2017 as presented. 1 2 3 RESOLUTION 75, 2017 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR TO 8 EXECUTE A MASTER LICENSE AGREEMENT WITH FLORIDA 9 POWER AND LIGHT COMPANY; PROVIDING AN EFFECTIVE DATE; 10 AND FOR OTHER PURPOSES . 11 12 13 WHEREAS, the Florida Power and Light Company (FPL) received the approval of 14 the Florida Public Services Commission (PSC) to launch the SolarNow program to allow 15 FPL customers to enjoy the benefits of solar energy without the upfront costs of installing 16 solar systems on their homes or businesses; and 17 18 WHEREAS, FPL, through the SolarNow program , has identified certain public 19 community locations as host sites, such as c ity parks, libraries , and public spaces , where 20 the solar projects may be built ; and 21 22 WHEREAS, FPL has requested that the City enter into and grant a master license 23 agreement to use certain City premises for the installation of renewable solar energy- 24 generating equipment and the distribution of any electricity generated by that equipment 25 exclusively within the City's prem ises ; 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 c itizens of the C ity 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 authorizes the Mayor to execute the 38 Master Solar Equipment License Agreement with Florida Power and Light Company, 39 attached hereto as Exhibit "A ". 40 41 SECTION 3. This Resolution shall become effective immediately upon adoption . 42 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 75, 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 :\attorney_share\RESOLUTIONS\2017\Resolution 75 2017-FPL License Agmt -Solar Trees.DOCX Page 2 of 2 Resolution 75, 2017 EXHIBIT "A" MASTER SOLAR LICENSE AGREEMENT This Master Solar License Agreement ("Agreement") is made this __ day of ____ __, 2017 ("Effective Date"), by and between the City of Palm Beach Gardens, Florida, a political subdivision of the State of Florida ("Licensor") and Florida Power & Light Company, a Florida corporation ("Licensee"). Licensor and Licensee are sometimes individually referred to herein as a "Party" or collectively as the "Parties." Recitals WHEREAS, Licensor is the fee simple owner of those certain real properties located in Palm Beach County, Florida, as more fully described on Exhibit A attached hereto and incorporated herein by this reference ("Properties"); and WHEREAS, in the future, upon their mutual agreement, the Parties may desire to amend Exhibit A to include additional Properties within the scope of this Agreement; and WHEREAS, within each of the Properties, on the terms and conditions set forth in this Agreement, Licensor desires to permit Licensee to utilize the areas depicted in the attached Exhibit B for the purposes described in this Agreement ( each licensed site singularly and collectively referred to as "Licensed Premises"); and WHEREAS, to the extent the Parties agree to add additional Properties to the scope of this Agreement, the Parties also desire to amend Exhibit B to specify what shall constitute the Licensed Premises in any Properties subsequently added to the scope of this Agreement; and WHEREAS, upon the terms and conditions set forth in this Agreement, Licensee desires to use the Licensed Premises from Licensor and Licensor desires to license Licensee to use each of the Licensed Premises to Licensee solely for the installation of certain renewable energy generating equipment, as depicted in Exhibit C, which shall be amended to reflect which type of renewable energy generating equipment will be installed in any Properties and Licensed Premises that may be subsequently added to the scope of this Agreement, and only that ancillary equipment that is necessary for the operation of the aforementioned renewable energy generating equipment and the distribution of any electricity generated by that equipment exclusively within the Licensed Premises (individually and collectively, the "Equipment"). NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: Terms and Conditions 1. Recitals. The foregoing recitals are true and correct and incorporated herein by this reference. 1 2. Licensed Premises. Licensor hereby grants to Licensee and Licensee hereby accepts from Licensor, an exclusive license to occupy and use the Licensed Premises for the installation and maintenance of the Equipment, together with any other rights expressly granted to Licensee under this Agreement, but not for any other purpose whatsoever, upon the terms and conditions set forth in this License. Licensee shall obtain at its sole cost and expense, all applicable federal, state, and local permits required in connection with Licensee's allowed use of the Licensed Premises and provide copies of each such permit to Licensor upon Licensor's written request. 3. Addition of Properties and Licensed Premises. Upon the mutual agreement of each of the Parties, including as to the type of Equipment that will be installed, Exhibits A and B may be amended to include additional Properties and Licensed Premises. In such case, all terms and conditions set forth in this Agreement shall apply to those additional Properties and Licensed Premises, provided that the Construction Term and Operating Term, as hereunder defined, shall be calculated from the date the Parties agree in writing to the addition of specific Properties and Licensed Premises and, in the case of the Operating Term, six (6) months thereafter. In accordance with the foregoing, Exhibit C shall similarly be amended to reflect the Parties' agreement regarding the type of renewable energy generating equipment that will be installed in the additional Properties and Licensed Premises. 4. Use. Each of the Licensed Premises may be used by Licensee for the purposes of constructing, installing, operating, inspecting, maintaining, repairing, removing, modifying, testing and replacing the Equipment and any additional equipment required to generate, measure, and transmit solar power for use within the Properties, together with the following rights: (a) Access. At all times during the Term during the regular operating hours of the Properties, Licensee, Licensee Parties and/or any persons specifically designated by Licensee shall have access to the Licensed Premises, including the right of ingress and egress to and from the Licensed Premises over the Properties, as necessary to access the Licensed Premises; provided however, in the event of an emergency requiring immediate access to repair or mitigate damage to the Equipment, Licensee and/or Licensee Parties shall have twenty-four (24) hours-a-day, seven (7) days-a-week access to the Licensed Premises. Licensee Parties shall not unreasonably interfere with Licensor's use and operations on the Properties. (b) Signage. The right, at Licensee's sole cost and expense, to install signage on and immediately around the Equipment (to the extent allowed by applicable law) similar to the form depicted in Exhibit D ( or in another form approved by Licensor, which approval shall not be unreasonably withheld, conditioned or delayed) for any, and/or all of the following purposes: (i) identifying Licensee's ownership of the Equipment and prominently displaying Licensee's corporate name, trade name(s), trademark(s), and logo(s) on the Equipment and all structures supporting the Equipment; (ii) acknowledging the Parties' cooperation regarding the installation of the Equipment, acknowledging Licensor and including Licensor's logo; (iii) describing the Equipment and its purpose and operation to interested parties accessing the Licensed Premises (i.e., telling the distributed solar generation story); (iv) instructing parties to use caution so as not to damage the Equipment; and (v) provide all necessary safety and hazard warnings. The location of such signage shall be subject to the prior approval of Licensor, which approval shall not be unreasonably withheld, conditioned or delayed. As necessary and appropriate, safety signage shall 2 be installed, which signage shall be for the limited purpose of advising the public of any hazards that may exist in or around the Equipment. All signage shall be removed by Licensee upon the final removal of the Equipment from the Licensed Premises in accordance with the terms of this Agreement. (c) Power Monitoring. The right to incidental access and use of Licensor's electrical systems for purposes of powering Licensee's computer equipment used in monitoring the power generated from the Equipment at the Licensed Premises. Additionally, if, and so long as, Licensor provides an internet access system for use by guests and other visitors to the Properties, Licensor will permit Licensee to use, at no cost to Licensee, such internet access system in connection with Licensee's power monitoring system described in the preceding sentence, and Licensor shall provide Licensee with the necessary access codes and other necessary information to use such internet access system; provided, however, Licensor does not warrant the stability, security or continuous operation of any such internet access system. 5. Licensor's Rights. Licensee agrees to never claim any interest or estate of any kind or extent whatsoever to or in the Licensed Premises by virtue of this License or the occupancy or use hereunder. Licensee's use of the Licensed Premises shall always be subordinate to Licensor's rights to and in the Licensed Premises. Licensor hereby reserves the right to enter upon the Licensed Premises at any time and for any purposes and Licensee shall notify its employees, agents, contractors, subcontractors, licensees, and invitees accordingly. Licensor, its employees and contractors are not and shall not be responsible or liable for any injury, damage or loss to Licensee resulting from Licensee's use of the Licensed Premises, unless caused by Licensor's negligence or misconduct, in which Licensor's liability shall be limited in accordance with the limits set forth in Fla. Stat.§ 768.28. 6. Term. (a) Construction Term. The construction term of this Agreement shall commence on the Effective Date and continue for six (6) months ("Construction Term"). The Construction Term shall end six (6) months after the Effective Date unless before that date Licensee notifies Licensor that Licensee elects to terminate this Agreement or that the Operations Date has occurred. For purposes of this Agreement, "Operations Date" shall mean the date on which the Equipment becomes operational as determined by Licensee. For the purposes of this section, "operational" means the date on which Licensee has (i) received any and all approvals, licenses, and permits necessary to operate the Equipment, (ii) the Equipment is installed on each of the Licensed Premises and is connected to the electric transformer, and (iii) the Equipment is generating usable solar power. Licensor shall have the right, but not the obligation, to terminate this License Agreement with respect any of the Licensed Premises if Licensee fails to complete Licensee's construction of the Equipment on the Licensed Premises and such equipment is not operational within the Construction Term. (b) Operating Term. The "Operating Term" of this Agreement shall commence on the day immediately following the last day of the Construction Term, and continue for a term ending on the tenth (10th) anniversary of the Operations Date. The Operating Term and the Construction Term are collectively referred to herein as the "Term." Provided Licensee is not in uncured default of this Agreement, beyond any applicable notice and cure period, Licensee shall 3 have the option to renew this Agreement for four ( 4) additional consecutive terms of five (5) years each upon the same terms, covenants and conditions of the Agreement, upon delivering written notice to Licensor no later than six (6) months before the expiration of the then applicable Term, and Licensor approving such renewal in writing. 7. Installation and Location of Equipment. From and after the Effective Date, Licensee, as well as any permitting, licensing, regulating or approving entity, agency or authority, and the agents, employees, contractors, subcontractors, consultants and representatives of each (collectively, the "Licensee Parties"), shall have ingress, egress and access to the Licensed Premises during regular operating times of the Properties, unless otherwise agreed in writing by Licensor, and except in the case of emergency repairs as set forth in Section 4(a), during the Term, for and including to inspect, construct, install, maintain, repair, modify, remove, replace, test and operate the Equipment. Licensor shall cooperate as necessary with Licensee (at no cost to Licensor) in Licensee's efforts to obtain all permits, licenses and approvals necessary for the installation and operation of the Equipment. Except as otherwise expressly set forth herein, Licensee shall have no right to access or utilize any other portion of Licensor's Properties other than the Licensed Premises. Licensee may locate and install the Equipment on the Licensed Premises as is reasonably necessary in order to achieve optimal solar power generation, provided that Licensee's installation of the Equipment does not have a material adverse impact on Licensor's facilities, as reasonably determined by Licensor. Installation of the Equipment shall be in compliance with all applicable laws and ordinances and shall not result in the imposition of any fine, penalty, notice of violation, or the creation of a lien against any portion of the Licensed Premises. 8. Interference. During the Term, Licensor shall not Interfere, or cause or permit to be caused any Interference, with the Equipment. For purposes of this Agreement "Interfere" and "Interference" shall mean interference with Licensee's use, operation, access, maintenance or repair of the Equipment on a sustained basis as a result of Licensor's actions, including without limitation the following: (a) Placement of any equipment, sign, logo, structure, or improvements on, across , under or over any portion of the Equipment without the prior written consent of Licensee, which Licensee may approve or withhold in its absolute and sole discretion; (b) Placement of any equipment, sign, structure or improvement in a location that interferes with any portion of the Equipment's exposure to sunlight, as determined by Licensee in its reasonable judgment; (c) Interference in any way with any portion of the Equipment's ability to generate solar power, as determined by Licensee in its reasonable judgment; ( d) Causing any portion of the Equipment to become subject to any lien, mortgage, deed of trust, security agreement, mechanics lien or other such encumbrance not caused by Licensee; (e) Causing any portion of the Licensed Premises to be maintained, altered, modified, repaired, replaced or compromised in such a way that the Licensed Premises can no 4 longer support the Equipment or any portion of the Equipment, or the use of any portion the Equipment is impaired, as determined by Licensee in its reasonable judgment; (t) Causing disruption with Licensee's access to any portion of the Licensed Premises, except as otherwise expressly permitted by this Agreement; and/or (g) Sale, transfer, assignment, lease or sublease any portion of the Licensed Premises, other than subject to Licensor's obligations under this Agreement. In the event of that Licensor Interferes or causes Interference, Licensee will provide Licensor with a written summary documenting such Interference ("Interference Notice"). In the event Licensor is in violation of any of the above-listed items in this section, and such violation continues for thirty (30) days or more following Licensee's delivery of an Interference Notice, then in addition to the rights granted Licensee in Section 19 below, Licensee may elect to terminate this Agreement immediately upon delivering written notice to Licensor. 9. Mechanics' Liens. (a) Licensee's Actions. Installation of the Equipment at each of the Licensed Premises shall not result in the imposition or creation of a lien against any portion of the Properties. If any mechanics', contractors' or material suppliers' lien is asserted against all or any part of the Properties in connection with Licensee's installation, construction or operation of the Equipment or any related activities, Licensee shall indemnify Licensor against any loss, claim, damage or expense, including reasonable attorneys' fees, that Licensor may incur in connection with such assertion of such lien, and, if any notice or statement of lien is filed or recorded in any public office in connection with Licensee's installation, construction or operation of the Equipment or any related activities, Licensee shall cause such notice or statement oflien to be released or bonded off within thirty (30) days from the date Licensor gives written notice of such lien. Licensee's obligations under this section shall survive the expiration or earlier termination of this Agreement. (b) Licensor's Actions. Under Florida law, it is unlawful to place a lien on city-owned Properties, or for a city to allow or permit a lien on city Properties. Nonetheless, if any mechanics', contractors' or material suppliers' lien is asserted against all or any part of any of the Licensed Premises by anyone having provided labor, services, material or equipment at the request of Licensor, and if Licensee is made a party to any action or proceeding to foreclose any such asserted lien, Licensor shall indemnify Licensee and hold it harmless against any loss, claim, damage or expense, including reasonable attorneys' fees, that Licensee may incur in connection with such action or proceeding, including paying any judgment that may be entered therein, provided that none of the foregoing shall be construed a waiver of the limitations of liability contained in Fla. Stat. § 768.28. 10. Maintenance; Repair; Replacement; Reinstallation. (a) During the Term, Licensee shall, at Licensee's sole cost and expense, operate and maintain the Equipment in good working order and in a safe, clean manner. 5 (b) In the event the Equipment or any portion thereof is damaged or destroyed at any time during the Term, Licensee shall have the right, but not the obligation, to repair, replace or reinstall the Equipment or any portion thereof within each of the Licensed Premises. If Licensee elects not to repair or replace such Equipment, Licensee shall remove the Equipment and all debris associated with the Equipment, and restore the Licensed Premises to substantially the same condition as practical as it was in on the Effective Date at Licensee's sole cost and expense; provided however, if the Equipment was destroyed as a result of the gross negligence or misconduct of Licensor, then Licensee shall not be required to remove the Equipment and all debris and restore the Licensed Premises at Licensee's sole cost in accordance with the preceding sentence, the Parties agreeing that the actions of third-parties (e.g., park patrons) shall not be attributed to Licensor, unless such actions were done with the deliberate indifference or consent of Licensor. ( c) If Licensor has to replace or engage in widespread repair of the paving or other improvements located on or near the Licensed Premises during the Term, then Licensor shall provide Licensee with at least ninety (90) days prior written notice and Licensee will coordinate protection of the Equipment with Licensor as appropriate in order to accommodate Licensor's construction schedule. ( d) If the Licensed Premises are substantially destroyed by fire or other casualty, Licensee may terminate this Agreement by written notice, given not later than thirty (30) days after the date of such destruction. (e) Licensee shall have the right, at Licensee 's sole cost and expense, to repair, replace or reinstall any affected Equipment on the Licensed Premises following complete or partial destruction of Licensor's improvements to the Licensed Premises and/or Licensee's Equipment thereon. Following complete destruction of Licensor's improvements to the Licensed Premises, Licensor may at its sole and exclusive discretion provide Licensee with a mutually acceptable alternative location on or off the Properties approved by Licensee on which Licensee may install the Equipment. If, however, Licensor is unable to provide an alternative location for the Equipment that meets such standard, and Licensee does not approve such alternate site, Licensee shall have the right, upon written notice to Licensor, to terminate this Agreement with respect to the affected Licensed Premises. If such new location is acceptable to Licensee, Exhibit B (and, if necessary, other exhibits) to this Agreement will be amended to reflect the new location of the Licensed Premises. 11 . Taxes. Licensor is exempt from payment of property taxes for any of the Properties. If, in the future , Licensor's exemption is no longer valid, Licensor shall pay when due all real property taxes for the Properties and Licensee shall reimburse Licensor for the incremental increase in any real property taxes for the Licensed Premises attributable to the Equipment. Notwithstanding the foregoing, during the Term hereof, Licensee shall pay any personal property tax which is attributable to the Equipment or the Equipment's installation or placement on or within each of the Licensed Premises. Licensor hereby grants to Licensee the right to challenge, whether in a court, administrative proceeding, or other venue, on behalf of Licensor and/or Licensee, any personal property or other tax assessments that may affect the Licensed Premises as a result of the Equipment. If Licensor receives notice of any personal property or other property 6 tax assessment against Licensor which may affect Licensee or the Equipment and is attributable, in whole or in part, to the Equipment, Licensor shall provide timely notice of such assessment to Licensee sufficient to allow Licensee to consent to or challenge such assessment if a right to challenge the assessment is then available under applicable law. Further, Licensor will provid e to Licensee any and all documentation in the possession of Licensor that is associated with such assessment and will execute any and all documents reasonably necessary to effectuate the intent of this section, provided that Licensor shall not be required to incur any expense or any risk of material liability. 12 . Insurance. Licensee will maintain at all times during the Term, the insurance designated in this section in accordance with the terms and conditions required by this section. Licensee shall provide the following certificates of insurance to Licensor evidencing the issuance of same: (a) Commercial General Liability Insurance with limits of Three Million Dollars ($3,000,000) per occurrence combined single limit for bodily injury and property damage at any of the Licensed Premises . The policy shall name Licensor as an additional insured. (b) Business Automobile Liability Insurance with limits of Two Million Dollars ($2,000,000) per occurrence combined single limit for bodily injury and property damage . The policy shall name Licensor as an additional insured . ( c) Workers' Compensation Insurance in compliance with Florida Statutes, Chapter 440. Coverage shall include Employer's Liability Coverage with limits of One Million Dollars ($1,000,000) per accident. Licensee has the right to meet the insurance designated in this section through any combination of self-insurance, primary or excess coverage. Should Licensee self-insure , then prior to accessing the Licensed Premises , Licensee will provide Li censor with a letter of such self- insurance which will include a reference to publicly available financial statements and annual reports. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to managemen t, and no less than "Class VII" as to financial strength by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approv al of Licensor's Risk Management Division. Licensor and Licensee, for themselves an d their respective insurers, waive any ri ght to assert any claim against the other Party, to the extent such claim is covered by the waiving party's insurance. Each Party shall waive all rights of subrogation of their respective insurers . Licensor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Licensor shall in no way limit the responsibility to indemnify, keep and save harmless and defend Licensor or its officer, employees, agents and instrumentalities as provided in this Agreement. 7 13 . Indemnification . Licensee shall indemnify Licensor from and against all losses , claims, damages or expenses, including reasonable attorneys ' fees and costs, incurred by Licensor in connection with any third-party claims for personal injury or death to persons and damage to Licensor's personal property arising during the Term, to the extent arising from the negligence or willful misconduct of Licensee, its agents, employees, representatives, contractors, or sub- contractors. Subject to the limitations of Section 768.28, Florida Statutes, which provides that Licensor may only be liable for bodily injury or p ro perty damage in the amount of $200,000 per person and $300,000 per occurrence, as may be amended Licensor shall indemnify Licensee from and against all losses, claims, damages or expenses, including reasonable attorneys' fees and costs, incurred by Licensee in connection with any third-party claims for personal injury or death to persons and damage to Licensee's personal property arising during the Term, to the extent arising from the negligence or willful misconduct of Licensor, its agents, employees, representatives, contractors, or sub-contractors. In no event shall Licensor or Licensee be liable to the other fo r consequential, special, exemplary, punitive, indirect or incidental losses or damages, nor shall any parent, subsidiary, affiliate or employee of Lice ns or or Licensee have any liability under this Agreement. Neither Licensor nor Licensee, nor their respective insurer, shall, without the prior written consent of the other Party , which consent will not be unreasonably withheld, enter into the settlement or compromise of any claim brought against the indemnified Party which is the subject of indemnification under this Agreement. This section shall survive the expiration or earlier termination of this Agreement. 14. Construction oflmprovements on Licensor's Properties. Licensee agrees that it shall comply with any requirements imposed by federal, state, or local statutes, ordinances and regul ations, which are in effect as of the date of construction and operation of the Equipment on the Licensed Premises. 15 . Equipment to Remain Personal Property of Licensee. The Equipment is and will remain the property of Licensee, its successors or assigns, regardless of its use or manner of attachment to the Licensed Premises. Licensor agr ees to execute such further documentation as is reasonably necessary to ensure that the Equipment does not constitute, and is not deemed to be, a fixture attached to the Licensed Premises. Except as expressly set forth in this Agreement, Licensor will have no right, title, or interest in the Equipment, and no right to purchase or otherwise acquire title to or ownership of the Equipment, and Licensor hereby expressly disclaims any right, title or interest in or to the Equipment, whether arising by lien, by operation oflaw, or otherwise. 16. Subordination. Licensor is prohib ited from mortgaging or having any lien placed on Licensor's real property, including the License d Premises. 17. Quiet Enjoyment. Licensor rep resents and warrants to and covenants with Licensee that: (a) Licensor has good title to the Licensed Premises; (b) to the best of Licensor's knowledge , Licensor's execution and performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Licensor; ( c) to the best of Licensor's knowledge, there are no agreements with any third parties that may adversely affect the Equipment or the Equipment's exposure to sunlight; and (d) all times during the Term, Licensee's quiet enjoyment of the Licensed Premises or any part thereof shall not be disturbed. 8 18. Notice of Default; Opportunity to Cure. The failure of any Party to fully perform any term, condition or covenant of this Agreement within sixty (60) calendar days after receipt of written notice of such default from the other Party, unless a shorter time period is expressly stated herein, shall be an event of default under this Agreement; provided, however, if such non-monetary default cannot reasonably be cured within such sixty (60) day time period, the curing Party shall not be deemed in default hereunder if the curing Party has commenced to cure such default within · said sixty ( 60) day time period and thereafter continues with diligence to complete the cure of such default. 19. Remedies Upon Uncured Default. Remedies for events of uncured default, beyond any applicable notice and cure period, shall be limited to the following: (a) The non-defaulting Party's right, but not obligation, to perform, or cause to be performed, on behalf and at the expense of the defaulting Party, any or all of the undertakings or obligations as to which the defaulting Party remains in default, in which event the defaulting Party will reimburse the non-defaulting Party for such actual reasonable costs and expenses, within forty-five (45) days following the defaulting Party's receipt of the non-defaulting Party's invoice and supporting documentation. Notwithstanding the preceding sentence, Licensor may not perform any obligation of Licensee under Section 10 {a) or take any other action that relocates or physically alters any of the Equipment that at the time is in operable condition. (b) Termination of this Agreement; or (c) Any other remedy available at law or in equity. 20. Termination. Except for an uncured default as set forth above in Section 19, neither Party may terminate this Agreement during the first ten (10) year period of the Operating Term. Thereafter, either Party may terminate this Agreement at any time and for any reason, upon delivery of at least thirty (30) days' prior written notice to the other Party. 21. · Removal. No later than sixty (60) calendar days following the date upon which this Agreement expires or terminates, Licensee shall remove all Equipment placed upon the Licensed Premises by Licensee and shall repair and restore the affected portions of the Licensed Premises to substantially the same condition as practical as existed immediately prior to Licensee's installation of the Equipment; whereupon Licensee shall continue to have the right of reasonable access to the Licensed Premises in order to remove the Equipment, and repair and restore the affected portions of the Licensed Premises to substantially the same condition as practical as existed immediately prior to Licensee's installation of the Equipment, at Licensee's sole cost and expense; except as in the event of a Licensor default or as expressly set forth in Sections 8 and 19 above, where the removal and disposal or relocation costs of the Equipment, and repair and restoration of the Licensed Premises, shall be at Licensor's sole cost and expense. If any or all such personal property and improvements placed upon the Licensed Premises by Licensee is not so removed by Licensee within the above prescribed sixty (60) day time period, then Licensor shall have the right, but not the obligation, to effect removal of the Equipment at Licensee's sole cost and expense, the reasonable amount of which Licensee agrees to reimburse to Licensor promptly upon Licensor's demand. 9 22. Holding Over. If Licensee continues to occupy and/or use the Licensed Premises, or any part thereof, after the expiration or earlier termination of this License, then no tenancy, ownership or other legal interest in the Licensed Premises to the benefit of Licensee shall result therefrom, but such holding over shall be an unlawful detainer. 23. Environmental. (a) Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), petroleum products, liquids or flammables shall be placed upon, under, transported across, or stored upon the Licensed Premises, which restricts, impairs, interferes with, or hinders the use of the Licensed Premises by Licensor or the exercise by Licensor of any of its rights thereto. (b) After the Effective Date, Licensee may perform a Phase I and/or Phase II environmental site assessment as per ASTM criteria to investigate the existing environmental condition of the Licensed Premises that is the subject of this License. The performance or the failure to perform an environmental site assessment does not relieve Licensee from compliance with any other provision of this section of this License. Licensee shall maintain copies of any local, state or federal permits, licenses or other authorizations required for any and all of its activities on the Licensed Premises and present copies of such permits, licenses or other authorizations to Licensor and to any local, state and federal governmental agency official that requests to see the same. ( c) Licensee shall not create or contribute to any Environmental Contamination, Unauthorized or Unpermitted Wetland Impacts, Unpermitted Groundwater Wells, Illegal Use of Ground or Surface Waters or any Other Environmental Impacts (individually and collectively referred to as "Environmental Conditions") as a result of its use of the Licensed Premises. ( 1) Environmental Contamination is defined as any spilling or discharge of any chemical constituent by Licensee to the environment that results in any pollution, sheen or contamination of the groundwater, surface water, soil, or any other environmental media, on or from the Licensed Premises, above the federal, state or local regulatory levels; including: (i) for groundwater: Chapters 62-777, Table I, 62-520, or 62-550 of the Florida Administrative Code ("FAC"); (ii) for surface waters: Chapters 62-777, Table I, or 62-302 of the F AC; and (iii) for soils: Chapters 62-777, F AC, Table II; or above natural background levels. (2) Wetland Impacts are defined as activities impacting areas defined as ''wetland" under the following: (i) federal law (for example, Section 404 of the Clean Water Act); (ii) federal rules (for example, current approved Army Corps of Engineers ("ACOE") Delineation Manual); (iii) federal guidance; (iv) state law (for example, Section 373.019(22), Florida Statutes); (v) state rules (for example, Chapter 62-340, F AC); (vi) state guidance; (vii) case law as formulated that further explains wetland jurisdictional criteria; (viii) local law (for exampl e, county ordinances; (ix) local guidance; or (x) local policy. Unauthorized or Unpennitted Wetland Impacts shall mean the failure to obtain all required federal, state and local permits to impact the wetland 10 or undertaking any action or activity in violation of any such permits. Some examples of permits potentially needed to impact the wetland are the county environmental resources management permits, the State of Florida Department of Environmental Protection or Water Management district permits, and the Federal ACOE permits. (3) Unpermitted Groundwater Wells means the installation or the use of an existing groundwater well without obtaining the appropriate state and local permits for the well installation and/or well pumping for use of groundwater or surface water in the area. (4) Illegal Use of Ground or Surface Waters means the withdrawal or use of either ground water or surface water without obtaining any required consumptive use or water use permits from the South Florida Water Management District ("SFWMD") or in violation of any consumptive use or water use permit issued by the SFWMD. (5) Other Environmental Impacts, include, but are not limited to: failure to apply pesticides consistent with labeling instructions; failure to dispose of pesticide containers as per label instructions; failure to have licensed and trained personnel applying pesticides; failure to properly manage pesticide mix/load sites to avoid pesticide release to soils or surface waters in quantities or concentrations other than that specified on the label application instructions; or any violations of Federal Insecticide, Fungicide, and Rodenticide Act, or its state law equivalent; or any violations of the Florida Department of Agriculture and Consumer Services rules or Best Management Practices for the activities contemplated by this License. ( d) If Licensee causes any Environmental Conditions to occur because of the performance of activities contemplated by this License, Licensee shall notify Licensor immediately upon discovery. Licensee acknowledges that the failure to deliver such notification may cause Licensor to file a damage claim against Licensee and confers to Licensor the right to terminate this License. Any release notifications required to be submitted to federal, state or local regulatory agencies, because of the actions of Licensee pursuant to this License or any other notifications based on Environmental Conditions, shall be coordinated with Licensor. Licensee, at its sole cost and expense, shall be responsible to remediate any Environmental Condition that it creates in compliance with all applicable federal, state and local regulations. ( e) If Licensee, or its employees, contractors, subcontractors or anyone else working at the direction of Licensee causes Environmental Conditions on the Licensed Premises, or causes contamination that originates on the Licensed Premises, Licensee, on its own behalf and on behalf of its shareholders, officers, directors, employees, servants, agents, and affiliates, shall and hereby does forever hold harmless, indemnify, and release Licensor, and its shareholders, officers, directors, employees, servants, agents and affiliates (collectively, "Licensor Entities") of and from all claims, demands, costs, loss of services, compensation, actions or investigations on account of or in any way growing out of the Environmental Conditions, and from any and all known and unknown, foreseen and unforeseen damages, and the consequences thereof, resulting from the Environmental Conditions. 24. Tax Credits, Financial Incentives, Sale of Energy. Installation and operation of the Equipment on the Licensed Premises may result in the availability of federal and/or state tax 11 credits, and other financial incentives ( collectively hereinafter "Incentives"). Licensee is and shall be the sole recipient and beneficiary of any and all such Incentives, which shall be distributed, disbursed and/or assigned in Licensee's sole discretion. Licensor shall have no right to any Incentives. 25. No Transfer. Licensee shall not transfer, assign, lease, sublease, license, sublicense or in any other manner, convey this Agreement, except to an affiliate, subsidiary or other entity under common control with Licensee, without the prior written consent of Licensor, which such consent shall not be unreasonably withheld, conditioned or delayed. Following any permitted assignment, the terms "Licensor" and "Licensee" shall be deemed to refer to the relevant transferee or successor, unless the context clearly indicates that the term refers only to the original Party so identified. 26. Condemnation. In the event of condemnation of some or all of the Licensed Premises, Licensor and Licensee shall each be entitled to pursue their own separate awards with respect to such taking, as their respective interests appear. Sale of all or part of any of the Properties to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation for purposes of this Agreement. 27. Notices. All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to this Agreement shall be in writing, signed by the notifying.Party, or officer, agent or attorney of the notifying Party, and shall be deemed to have been effective upon delivery if served personally, including but not limited to delivery by messenger, overnight courier service or by overnight express mail, or on the third (3rd) business day after posting if sent by registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: To Licensor: To Licensee: With copy to: City of Palm Beach Gardens. 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Florida Power & Light Company 700 Universe Boulevard, CEA/JB Juno Beach, Florida 33408 Attn: Vice President of Corporate Real Estate Florida Power & Light Company 700 Universe Boulevard, LAW/JB Juno Beach, Florida 33408 Attn: General Counsel The address to which any notice, demand, or other writing may be delivered to any Party as above provided may be changed by written notice given by such Party. 12 28. Miscellaneous. (a) Entire Agreement; Modification; Waiver. All of the representations and obligations of the Parties are contained herein and no modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a Party unless in writing, signed by that Party or a duly authorized agent of that Party empowered by a written authority signed by that Party. The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by the same Party, or of any other provision or condition of this Agreement. No waiver shall be implied by delay or any other act or omission of either Party. (b) Governing Law. This Agreement shall be subject to and governed by the laws of the State of Florida, without regard to its conflict oflaws principles. The Parties agree that any action or proceeding arising out of or related in any way to this Agreement shall be brought solely in a court of competent jurisdiction in Palm Beach County, Florida. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HA VE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. (c) Severability. Should any provision of this Agreement be held, in a final and un-appealable decision by a court of competent jurisdiction, to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling. ( d) Authority. Each Party represents to the other that it has complete authority to enter into this transaction. (e) Counterparts. This Agreement may be executed in any number of counterparts, each of which, upon execution of a substantively identical counterpart by each Party, shall be deemed an original, but all of which together shall constitute a single instrument. (f) Binding Effect. This Agreement shall bind and benefit the Parties and their respective successors and assigns. (g) Recording. Neither this License, nor any memorandum or document related hereto may be recorded in any official public record. (h) Publicity; Tours. The Parties acknowledge that each of them has a legitimate business interest in receiving public recognition of their participation in the transaction contemplated by this Agreement. In order to coordinate the timing, tone and content of any publicity, however, each Party agrees that neither of them shall issue any press release or otherwise publicize the existence or the terms of this Agreement without the prior written approval of the other Party, which approval will not be unreasonably withheld or delayed, provided that general advertising that refers to a "partnering" (or other terminology of similar import) of either Party with the other Party for the purposes of any of the transactions contemplated hereby, but does not 13 expressly reference this Agreement or disclose any of the terms hereof, shall not be subject to the provisions of this subsection. No filing that Licensee is required by applicable law to make with any regulatory authority shall, by itself, be deemed to violate the preceding sentence. Licensee shall have the right to give site tours of the Equipment on the Licensed Premises for visitors and other interested parties. (i) Construction. This Agreement shall not be construed more strictly against one Party than against the other, merely by virtue of the fact that it may have been prepared by counsel for one of the Parties, it being recognized that both Licensor and Licensee have contributed substantially and materially in the negotiation and preparation of this Agreement, and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits, schedules, addendums or amendments hereto. G) Headings. All headings in this Agreement are inserted onl y for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. In construing this Agreement, the singular shall be held to include the plural, the plural shall include the singular, and the use of any gender shall include every other and all genders. (k) Force Maieure. Licensor and Licensee ( except with respect to the payment of any monetary obligation) shall be excused for the period of any delay in the performance of any obligation hereunder when such delay is occasioned by causes beyond its control, including but not limited to work stoppages, boycotts, slowdowns or strikes; shortages of materials, equipment, labor or energy; unusual weather conditions; or acts or omissions of governmental or political bodies. [Remainder of page intentionally blank; Signature pages follow] 14 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized officers as of the date first above written. ATTEST: By: ------------- Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Attorney J,O\~~ Witness: Print Name: ---------- Print Name: ---------- LICENSOR: City of Palm Beach Gardens, Florida, a political subdivision of the State of Florida By: ______________ _ 15 Maria G. Marino, Mayor LICENSEE: Florida Power & Light Company, a Florida corporation Timothy Oliver, Vice President of Corporate Real Estate EXHIBIT A Description of the Properties Legal Description for 52-42-42-12-23-000-0000 BURNS ROAD COMMUNITY CENTER CAMPUS ALL OF PLAT (LESS BURNS RD & MILITARY TRL R/WS) Legal Description for 52-4.2-4.2-01-00-000-3040 01-42-42 , S 732.76 FT OF NW 1/4 LYG W OF & ADJ TO 1-95 R/W. N 541.55 FT OF S 1274.20 FT OF W 30 FT & SW 1/4 LYG N OF & ADJ TO PB34Pl 39 & W OF & ADJ TO 1-95 R/W Exhibit A EXHIBITB Depiction of the Licensed Premises City of Palm Beach Gardens -Aquatic Complex Exhibit B EXHIBITB Depiction of the Licensed Premises City of Palm Beach Gardens -Joseph R Russo Park Exhibit B EXHIBIT C Description of Renewable Energy Generating Equipment -----10·-9 ----------8'·10"---- 10·-4• 18'-0" 16'·11" a·.9· ----·-o·------...... ·-o·-----1 ~-----13·-4·------1 Exhibit C 7'-2 " 14'·5' 66" Ground Mount Sign EXHIBITD Depiction of Signage Exhibit D .--,, ....... - EXHIBITD Depiction of Signage City of Palm Beach Gardens -Aquatic Complex On-Solar Tree Signage Quantity Signage Element Per Tree 22" Medallion Sign 1 8" Text Back Plate 1 Graphic ,~E) FRONT BACK Exhibit D EXHIBITD Depiction of Signage City of Palm Beach Gardens -Joseph R Russo SolarScape LS / OS On-Canopy Signage I Exhibit D ' ·FPL J SOiar IA .~~ • -·--"'-9~ 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: Real Estate Brokerage Services (Public Works Property) DATE ADVERTISED: Not applicable WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: 001.0900.519.3150 CONTRACT TERM: Upon Completion OPTIONS TO RENEW: N/A VENDOR(S): ANDERSON & CARR, INC. CONTRACT NO.: A2017-132PS DEPARTMENT: Community Services BIDS/PROPOSALS DUE DATE: Not applicable RESPONSES RECEIVED: Not applicable ANNUAL CONTRACT VALUES: Year One: > $65,000 TOTAL CONTRACT VALUE: > $65,000 Greater Than Sixty-Five Thousand Dollars BACKGROUND : The purpose of this Agreement is to hire a realtor for the competitive sale of the City-owned facilities and property located at 3704 Burns Road, Palm Beach Gardens, Florida. The premises currently house the Public Works Division, Fleet Operations, a Sign Shop, and offices for the Community Services Department. The premises was appra ised earlier this year for just over $2,200,000. The City hopes to realize more than the appraisal price from the sale. Funds realized from the sale are ea rma rked for funding the construction of the new Tennis Center Clubhouse. COMMENTS: Anderson & Carr, Inc. is a well-known, decades-old real estate firm in Palm Beach County. The vendor has contracts with several local m un icipalities and the County for real estate services. Anderson & Carr performed the appraisal of the Public Works property earlier this year. This Agreement for real estate brokerage services accesses a compet itively solici ted contract from the City of Lake Worth. Originator Joe Corrao Department Head David Reyes Purchasing Km! Ra Finance Allan Owens ~OVEO ~D NOT:PPROVED CITY ~R SIGNEE 0 DEFERRED DATE L • -·- 9~ CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR REAL ESTATE BROKERAGE SERVICES (ACCESS OTHER CONTRACT) AGREEMENT NO. A2017-132PS 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 Anderson & Carr, Inc., a Florida corporation (hereinafter referred to as the "Realtor''), with its principal office at 521 South Olive Avenue, West Palm Beach, Florida 33401. WHEREAS, Section 2-294, Code of Ordinances permits the City to "piggyback" a contract awarded to another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the City of Lake Worth, Florida, awarded a competitively solicited Contract No. RFQ02-1617 (the "Contract"), for Real Estate, Property Negotiation, and Acquisition Services, attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the Contract's effective date is June 20, 2017, and will expire two years after the effective date; and WHEREAS, the City desires to access this Contract and purchase Real Estate Brokerage Services, as described herein, under the existing term and conditions. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Realtor and the City agree as follows: ARTICLE 1. DESCRIPTION OF SERVICES. The Realtor shall provide Real Estate Brokerage Services to the City, specifically for the sale of the Property located at 3704 Burns Road, known as the Public Works Property. The Realtor shall provide all professional services related to the competitive sale of the Public Works Property. Page 11 of 9 ARTICLE 2. SCOPE OF WORK. City of Palm Beach Gardens Agreement No A2017-132PS Real Estate Brokerage Services The Realtor shall perform the following Real Estate Brokerage Services related to the public sale and disposal of the Public Works Property: a. Create an optimal disposition strategy to ensure the greatest and optimal return for the City, and negotiate the transaction, including any requests for best and final offers. b. Market and advertise the sale of the Public Works Property to meet the standards of open competition required by Florida Statutes and the City's Purchasing Policies and Procedures Manual. c. Evaluate offers received and prepare an analysis of each offer. d. Provide an economic analysis of each offer and prepare a report of such analysis. e. Recommend the best possible offer, providing backup information as necessary to substantiate the recommendation. f. Prepare executive summaries and presentations for the City Manager and City Council, as needed. g. Coordinate legal, appraisal, survey, and title work for the Property. h. Undertake additional tasks related to the disposition of the Property, as requested by the City. ARTICLE 3. PROPERTY INFORMATION. Address: 3704 Burns Road, Palm Beach Gardens, Florida 33410. Description: 13,983 square feet of municipal buildings on a 2.08-acre site. Parcel ID: 52-43-42-07-00-000-7330. ARTICLE 4. PAYMENT. The City shall pay the Realtor a commission of 5 percent of the Gross Sale Price of the Property if the Property is sold directly to the Buyer with no other brokers; or a commission of 5 percent if another broker is involved in the transaction (the Realtor shall pay half of that commission to the other broker). All payments shall be made in accordance with Florida Prompt Payment Act, Section 218. 7 4, Florida Statutes, on the presentation of a proper invoice by the Realtor. Page 12 of 9 City of Palm Beach Gardens Agreement No A2017-132PS Real Estate Brokerage Services Compensation to the Realtor shall be based on an approved Purchase Order issued by the City that shall be the City's Notice to Proceed for the Realtor to begin performance of the Services. ARTICLE 5. TERM OF AGREEMENT. The term of this Agreement shall be from the effective date until the Realtor has performed the Services and completed the sale of the Property, and submitted to the City the quitclaim deed, forms, and documents for the legal transfer of the Property from the City to the Buyer. ARTICLE 6. TERMINATION. This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Realtor. This Agreement may be terminated by the Realtor upon 30 days' prior written notice to the City. Upon any such termination, the Realtor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Realtor is in breach of this Agreement, the City shall pay the Realtor for work performed through the date of termination in accordance with the terms of this Agreement. ARTICLE 7. INDEMNIFICATION. The Realtor recognizes that it is an independent realtor and not an agent or servant of the City. The Realtor 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 negligent acts or omissions, willful misconduct, or breach of this Agreement by the Realtor or its employees, agents, servants, partners, principals, or subcontractors. The Realtor 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 Realtor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Realtor 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 8. INSURANCE. The Realtor 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. Page 13 of 9 City of Palm Beach Gardens Agreement No A2017-132PS Real Estate Brokerage Services The required insurance coverage must 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 AM. 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 Realtor's obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Palm Beach Gardens. The Realtor must submit a current Certificate of Insurance naming the City of Palm Beach Gardens as an additional insured and listed as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration. The Realtor shall provide insurance coverage as follows: a. Workers' Compensation. 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. The City reserves the right not to accept exemptions to the Workers' Compensation requirements of this Agreement. b. Comprehensive General Liability. Comprehensive General Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00) and include Products/Completion Liability of One Million Dollars ($1,000,000.00). Such certificate shall list the City as an 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). c. Automobile Liability. Automobile Liability Insurance to include owned, non-owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00) each occurrence. The Realtor must submit, no later than 15 days after execution of this Agreement and prior to commencement of any work, a Certificate of Insurance naming the City of Palm Beach Gardens as an additional insured. ARTICLE 9. 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: Page 14 of 9 As to the City: With a copy to: As to the Realtor: City of Palm Beach Gardens 10500 North Military Trail City of Palm Beach Gardens Agreement No A2017-132PS Real Estate Brokerage Services 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 Anderson & Carr, Inc. 521 South Olive Avenue West Palm Beach, Florida 33401 Attn: Robert Banting Email : rbanting@andersoncarr.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. 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 . Page 15 of 9 City of Palm Beach Gardens Agreement No A2017-132PS Real Estate Brokerage Services 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. j. Equal Opportunity. The City and the Realtor 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 10. ACCESS AND AUDIT OF RECORDS. The City reserves the right to require the Realtor to submit to an audit by an auditor of the City's choosing at the Realtor's expense. The Realtor 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 Realtor 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 Realtor 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 Realtor 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 Realtor 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 Page 16 of 9 City of Palm Beach Gardens Agreement No A2017-132PS Real Estate Brokerage Services reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Realtor 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 Realtor shall transfer, at no cost , to the City of Palm Beach Gardens all public records in possession of the Realtor or keep and maintain public records required by the City of Palm Beach Gardens in order to perform the service. If the Realtor transfers all public records to the City of Palm Beach Gardens upon completion of the contract, the Realtor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Realtor keeps and maintains public records upon completion of the contract, the Realtor 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 REALTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE REALTOR'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 Realtor shall hold all licenses and/or certifications , obtain and pay for all permits and/or inspections, and comply with all laws , ordinances, regulations, and building code requirements applicable to the Services required herein . Damages, penalties, and/or fines imposed on the City or the Realtor for failure to obtain and maintain required licenses, certifications , permits, and/or inspections shall be borne by the Realtor . ARTICLE 14. FORCE MAJEURE. The City and the Realtor 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: Page 17 of 9 City of Palm Beach Gardens Agreement No A2017-132PS Real Estate Brokerage Services 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. The excuse of performance is of no greater scope and of no longer duration than is required by the force majeure. 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. 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 Realtor 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. The City understands that it may be required by the Realtor to complete and execute other forms or documents in relation to this Agreement. However, the terms, conditions, and requirements in this Agreement shall take precedence to any and all conflicting or modifying terms, conditions, or requirements of the Realtor's forms or documents. Notwithstanding the above, the City will execute the Realtor's Exclusive Right of Sale Listing Agreement for Commercial Property form, as revised by the City Attorney, attached hereto and incorporated herein as Exhibit "B''. (The remainder of this page intentionally left blank) Page 18 of 9 City of Palm Beach Gardens Agreement No A2017-132PS Real Estate Brokerage Services 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 APPROVED AS TO FORM LEG CY G :\attorney_share\AGREEMENTS\2017\Anderson Carr Real Estate Brokerage Svc-A2017-132PS-Agmt-10-12 CC.docx Page 19 of 9 EXHIBIT "A" City of Palm Beach Gardens Agreement No A2017-132PS Real Estate Brokerage Services AGREEMENT FOR REAL ESTATE ACQUISITION SERVICES This Agreement is made as of this l,l) day of l)(}~ , 2017 by and between ANDERSON AND CARR, INC., a Florida Corporation, with offices at 521 South Olive Avenue, West Palm Beach, FL 33401 ("CONTRACTOR"), and the LAKE WORTH REDEVELOPMENT AGENCY, a Florida public agency created pursuant to Chapter 163, Florida Statutes, with an address of 29 South J Street, Lake Worth, FL 33460 (the "CRA"). WITNESS ETH: WHEREAS, the CRA issued Request for Qualifications for Real Estate, Property Negotiation, and Acquisition Services (RFQ #02-1617), on January 3, 2017, in order for the CRA to identify an entity that could assist the CRA to identify properties for purchase and development within the CRA redevelopment area; and WHEREAS, CONTRACTOR submitted a response to the RFQ, and at the March 8, 2017 CRA meeting, the CRA Board of Commissioners directed CRA staff to negotiate an agreement with CONTRACTOR to provide Real Estate, Property Negotiation, and Acquisition Services; and WHEREAS, the . CRA finds that this Agreement with CONTRACTOR serves a municipal and public purpose, and furthers the CRA's Redevelopment Plan. NOW THEREFORE, in consideration of the mutual covenants contained. herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. RECITALS: The recitals are tJ.ue and correct and are incorporated and made· a part of this Agreement. 2. TERM: The term of this Agreement shall commence upon the date of execution hereof by the CRA, and shall remain in effect for a period of two (2) years, unless terminated sooner pursuant to the provisions of this Agreement. The parties may agree to extend the agreement for an additional one ( 1) year term, subject to the execution of a written amendment to this Agreement, signed by both parties. 3. SCOPE OF SERVICES: CONTRACTOR agrees to provide the following Services (hereinafter inclusively referred to as the "Services") as specifically described in Exhibit "A", which is attached hereto and incorporated herein by reference. The Services shall be performed pursuant to the terms and conditions as set forth herein, in addition to the terms and conditions contained in the RFQ, as well as CONTRACTOR1s response to the RFQ, which are both attached hereto as Exhibit "B", and incorporated into this Agreement by reference. The CONTRACTOR acknowledges that the CRA's legal counsel shall handle all contract preparation, title work, document drafting, and closing requirements for any real estate transaction. {00tll9Sl.S l46S.0404S9l J 4. CONTRACTOR represents and waii-ants to the CRA that: (i) it possesses all qualifications, licenses and expertise required for the performance of the· Services: (ii) it is not delinquent in the payment of any sums due the CR.A, (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described herein. 5. CONTRACTOR shall provide quarterly reports to the CRA commencing 90 days after the effective date of this agreement, and every three (3) months thereafter, for the term of this Agreement concerning the Services provided pursuant to this Agreement. The quarterly reports shall be provided in writing to the CRA on specific reporting forms agreed to by the CRA and the CONTRACTOR. The quarterly reports shall contain, at a minimum the following information, which shall be the basis for assessing the Contractors effectiveness in the performance of the scope of services contained in this agreement: CRA Redevelopment Plan Maps, Associated Spreadsheet referencing properties targeted for acquisition, Status Report on Shmi List of properties deemed priorities, Foreclosure Status in targeted ai·ea, Tax Deed sale data in targeted area. 6. PAYMENT: CONTRACTOR shall be paid pursuant to the Fee Schedule which is included in Exhibit "A", which is attached hereto and incorporated herein by reference. 7. ACCEPTANCE OF SERVICES BY TIIE CRA: The Services shall be provided to the CRA in strict accordance with the specifications. If Services do not meet specifications, the CRA shall notify CONTRACTOR of any deficiencies and provide a reasonable period of time to fix each deficiency. If deficiency is not fixed, the CRA shall not be responsible for payment of any fees or costs to the CONTRACTOR for said assignment. 8. PUBLIC RECORDS. The CONTRACTOR shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and specifically agrees to: (a) Keep and maintain public records required by the CRA to perform the service. (b) Upon request from the CRA's custodian of public records, provide the CRA 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 this chapter or as otherwise provided by law. (c) 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 Agreement term and following completion of the Agreement if the CONTRACTOR does not transfer the records to the CRA. ( d) Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the CONTRACTOR or keep and maintain public records required by the CRA to perform the service. If the CONTRACTOR transfers all public records to the CRA upon completion {001119S3.S J46l-0404S9IJ Page2 of the Agreement, the CONTRACTOR shall destroy any dupl icate 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 CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. (e) 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: Telephone number: (561) 493-2550 E-mail address: joliva@lakeworth.org Mailing address: 29 South J Street, Lake Worth, FL 33460 9. OWNERSHIP OF DOCUMENTS. The supporting documents, or other work products which are listed as deliverables by the CONTRACTOR to the CRA shall become the property of the CRA upon delivery. The CONTRACTOR may keep copies or samples thereof and shall have the right to use such drawings, mock-ups, renderings, calculations, s upporting documents, or other documents. The CRA accepts sole responsibility for the reuse of any such documents in a manner other than as initially intended, or for any use of incomplete documents unless prior written approval is obtained from the CONTRACTOR. 10. AUDIT AND INSPECTION RIGHTS: The CRA may, upon reasonable notice, and for a period of up to three (3) years following the date of final performance of Services by the CONTRACTOR under this Agreement, audit, or cause to be audited, those books and · records of CONTRACTOR which are related to CONTRACTOR's performance under this Agreement. CONTRACTOR agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. 11. AW ARD OF AGREEMENT: CONTRACTOR represents and warrants to the CRA that it has not employed or retained any person or company employed by the CRA to solicit or secure this Agreement and that it has not offered to pay, paid, or a gr eed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award or making of this Agreement. For the breach or violation of this provision, the CRA shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or othetwise recover the full amount of such fee, commission, percentage, gift or consideration. {00lll9S3.5 14<i8-0404591} Page3 12. COMPLIANCE WJTH FEDERAL, STATE AND LOCAL LAWS: CONTRACTOR understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. The CRA and CONTRACTOR agree to comply with and observe all applicable Federal, State, County, City laws, regulations, codes, and ordinances, including but not limited to those specific provisions stated in the RFQ, which are incorporated herein by reference, as they may be amended from time to time. 13. LICENSES: The CONTRACTOR shall, at the time of executing this Agreement, hold valid licenses for the services contemplated, as issued by the applicable Federal, State, or County agency or board in order to qualify the CONTRACTOR to perform the work proposed. If a subcontractor(s) is employed, an applicable certificate of competency or license issued to the subcontractor(s) shall be submitted along with the CONTRACTOR's certificate prior to the starting of work; provided, however, that the CRA may, at its sole option and in its best interest, allow the CONTRACTOR to supply the certificate to the CRA during the first week of work. 14. INDEMNIFICATION: CONTRACTOR shall defend, indemnify, arid hold the CRA, its officers, agents, servants and employees harmless from and against any and all claims, demands, or causes of action of whatsoever kind or nature sustained by the CRA or any third party arising out of, or by reason of, or resulting from acts, error, omission, or negligent act of CONTRACTOR, its agents, servants or employees in the performance under this Agreement, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments and attorneys' fees arising out of or in connection with the performance by CONTRACTOR pursuant to this Agreement. 15. TERMINATION: This Agreement may be terminated in part or in whole by CRA or CONTRACTOR for convenience upon thirty (30) calendar days' written notice to CONTRACTOR or CRA. In the event of such termination, CONTRACTOR shall be entitled to receive compensation for any work completed pursuant to this Agreement up through the date of termination including sales commission on any future closings that were under contract, or the CONTRACTOR was procuring cause for prior to termination. Under no circumstances shall CRA make payment for services that have not been performed. In the event the Agreement is terminated by the CRA, the CONTRACTOR shall turn over to CRA all work products (including but not limited to finished or unfinished documents, data, studies, surveys and reports prepared by CONTRACTOR) for which payment by the CRA has been requested, at the time of final payment by the CRA. 16. INSURANCE PROFESSIONAL SERVICES CONTRACT: The CONTRACTOR shall furnish to the CRA certificates of insurance which indicates that insurance coverage has been obtained which meets the requirements as contained in the RFQ, which is attached hereto and incorporated herein by reference. 17. NONDISCRIMINATION: CONTRACTOR represents and warrants to the CRA that CONTRACTOR does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with CONTRACTOR's performance under this Agreement on account of race, age, religion, color, gender, sexual orientation, national origin, {001819S3.S 1468-0404591) Page4 marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for delivery of services. CONTRACTOR further covenants that no otherwise qualified individual shall, solely by reason of his/her race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for delivery of services, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 18. ASSIGNMENT: This Agreement shall not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of the CRA, which may be withheld or conditioned, in the CRA's ~ole discretion. 19. NOTICES: All notices or other communications required under this Agreement shall be delivered via email or in writing. If delivered in writing, the notice shall be given by hand-delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other pa1ty at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered or emailed; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CONTRACTOR: TOTHECRA WITH A COPY TO: {00111953.S U61--0404S91) Robe11 B. Banting Anderson & Carr, Inc. 521 South Olive Avenue West Palm Beach, FL 33401 Telephone No.: (561) 833-1661 Facsimile No.: (561) 561-833-0234 Email: rbanting@andersoncarr.com Joan Oliva, Executive Director Lake Worth Community Redevelopment Agency . 29 South J Street Lake Worth, FL 33460 Telephone No. (561) 493-2550 Facsimile No. (561) 493-2549 Email: joliva@lak.eworth.org Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd., Suite #200 Fort Lauderdale, FL 33308 Attn: David N. Tolces, Esq. (561) 276-9400 Fax: (954) 771-4923 dtolces@cityatty.com Page5 20. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. The parties submit to the jw-isdiction of any Flotida State or federal court in any action or proceeding arising out of, or relating to, this Agreement. Venue for any action arising out of this agreement shall be in Palm Beach, County, Florida. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Lake Worth, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. 21. BINDING AUTHORITY; SUCCESSORS AND ASSIGNS: Each person signing this Agreement on behalf of either party individually wan-ants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 22. INDEPENDENT CONTRACTOR: CONTRACTOR has been procured and is being engaged to provide services to the CRA as an independent contractor, and not as an agent or employee of the CRA. Accordingly, CONTRACTOR shall not attain, nor be entitled to, any rights or benefits of the CRA, nor any rights generally afforded classified or unclassified employees. CONTRACTOR further understands that Florida Workers' Compensation benefits available to employees of the CRA are not available to CONTRACTOR, and agrees to provide workers' compensation insurance for any employee or agent of CONTRACTOR rendering services to the CRA under this Agreement. 23. NON-EXCLUSIVE SERVICES: The relationship between CRA and CONTRACTOR created hereunder and the services to be provided by CONTRACTOR pursuant to this Agreement are non-exclusive. CRA shall be free to pursue and engage similar relationships with other contractors to perform the same or similar services performed by CONTRACTOR hereunder, so long as no other contractor shall be engaged to perform the specific project(s) or property acquisitions, sales, and/or leasing within specific target areas assigned to CONTRACTOR while CONTRACTOR is so engaged without first terminating such assignment. CONTRACTOR shall be free to pursue relationships with other parties to perform the same or similar services, whether or not such relationships are for services to be performed {001119S3 .S 1468-0404591} Page6 within the City of Lake Worth, so long as no such relationship shall result in a conflict of interest, ethical or otherwise, with the CRA's or the City of Lake Worth's interests in the services provided by CONTRACTOR hereunder. The CONTRACTOR acknowledges that the CRA retains the right to contract with other individuals and/or companies to perform real estate acquisition services on an as needed basis provided any such firms have qualified thru a process consistent with the applicable procurement requirements. 24. REAFFIRMATION OF REPRESENTATIONS: CONTRACTOR hereby reaffirms all of the representations contained in the RFQ and the response to the RFQ. 25. ENTIRE AGREEMENT: This instrument and its Exhibits constitute the sole and entire agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement, are of no force or effect. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties herein. 26. COUNTERPARTS: This Agreement may be executed in four (4) or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 27. COSTS AND ATTORNEY'S FEES: If either CRA or CONTRACTOR is required to enforce the terms of this Agreement by court proceedings or otherwise, whether or not formal legal action is required, the prevailing party shall be entitled to recover from the other party all such costs and expenses, including but not limited to, costs and reasonable attorney's fees. 28. CONFLICT: In the event of a conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall prevail. 29. WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the te1ms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. {001119SJ .5 146!-0404591) Page7 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CONTRACTOR: ANDERSON AND CARR, INC. BY~?§C,iif ~-- PrintNam~ &~ Title: !!f ~____x.[-f: . Date: --c1tc1:1e 2 2, &;217 ... ST. ,--....__ '$ 7 ,•'. \ ./ ' ( . '~ r-e--G., -+ '> (CORPORA SEAL) ,,/ '., .'. '. ..... :.: ·~t)-YVY)c-,,_, "-.._}~::) "'-1 . .=:::: 'h"-\...1~ TE / ·,' .. ··,,; (:•: D c,'\V"\c,;... I? Bo.Di:io.9, SECRETARY ~ ; •. ; .\· ... .I .\ : : I \ ,, ' , . : • 11, 1 / J ,'• I I I • • J I ' I) • ,: l STATE OF FLORIDA ) \ '. " I ' ·• ;,_,,. • )SS: ·. , coUNTYOF Wm ~aoh ) ······ .. ::.: :·· ·· .... ,, .. ':1,1:H 1H'u 1 '' BEFORE ME, an officer duly authorized by , law to administer oaths and take acknowl~dgipents, personally appeared f<.C~(-tbtr"\"nV"'<j and "t:tiooo -~i\:h?i . as "i3ec;,(\Pvvl · and Secretary, respectively, of Anderson & Carr, Inc., a onda corporation, and acknowledged executed the foregoing Agreement as the proper official of Anderson & Carr, Inc., for the use and purposes mentioned in it and affixed the official seal of Anderson & Carr, Inc., and that the instrument is the act and deed of Anderson & Carr, Inc. IN WITNESS OF THE FOREGOING, I . have set my hand and official seal at in the State and County aforesaid on this 9) day of ,JU,'\1--Q 2017. ~o"'~:.:~ STEFANIES.POORMAN --, {) * •• • -,. MYCOMMISSIONfFF 1172!l0 ~-·.. l :, 1 ,') C ~~ 111\11 UJ"--· EXPIRES: .klne 16, 2018 ~ II'-"--' r> ' V u vv . · ">.,"ta,p.v BPMtdlll!vDudgt!N&rySeN1ce, NOTA PuBuc My Commission Expires: Ju.,~.J I G, J o l '( DNT:dnt {0018 19S3 .S 1468-0404591) Page 8 EXHIBIT "A" SERVICES AND FEE SCHEDULE Anderson & Can-, Inc. will be compensated FIVE PERCENT (5%) of the Sale Price/Purchase Price/Initial Lease Term. If there is a co-brokerage deal, we will split the rate and pay the cooperating broker 2.5%. If a listing agreement is in place on the property or CRA owned property, the CONTRACTOR will be paid by the seller/landlord the five percent (5%) commission in accordance with this agreement. Commissio11 Based Brokerage Services: Establish and identify target markets and/or prope11ies. Provide research and investigation regarding real estate acquisitions, including but not limited to, analyzing comparable sales and/or projects. Conduct site selection and transaction negotiations for short sales, foreclosure sales, and/or tax deed sales of single family units, multi-family units, commercial developments, and/or vacant land. Establish negotiation parameters and fully facilitate negotiation process Serve as liaison between the CRA, Property Owners, and banks. Physically inspect potential sites, reviewing renderings and floor plans, and meeting with architects and general contractors to effectively assess potential properties. Handle customary activities and services associated with real estate transactions including document review, monitoring the Inspection Period/Due Diligence process, scheduling any required Property Inspection's and/or Survey,s*, and oversee the closing and recording to ensure a smooth and timely execution. Post-Closing Security** Post-Closing Prope1ty Management and/or Leasing. * Property Inspection's and Property/Environmental Surveys will be outsourced and the actual fee's charged will be passed along to the CRA without us charging an administration fee. It has been our experience that surveys typically run between $800 and $1,200 depending upon the size of the property. ** If you require any post-closing security, we plan to use Builtmore Construction Services for securing properties; fencing, boarding up windows, replacing doors and locks, etc. Their fees vary based on the amount of work that is needed. Fee Based Services: Broker Opinion of Value for CRA owned properties that the CRA is selling. Broker Opinion of Value for potential acquisition properties including commercial and residential prope1ties. Hire outside consultants to perform appraisals Real Estate Consulting. Fee Sc/iedule: (00181953.S l"68-0404S9JJ Page9 ~("""''i,~1~!~l~i[~~~f £;I'ii;~i~~~=;~~~~~j' Commission Based Services: Based on Sales Price/Purchase Price/Initial Lease Term. If there is a co-brokerage deal, we will split the rate and pay the cooperating broker 2.5%. Any single transaction in excess of$ l ,OOO,OOO where Anderson & Carr, Inc. is the only broker involved Fee Based Services: Broker Opinion of Value for CRA owned proe rties Broker Opinion of Value for potential ac Commercial Properties Residential Properties Hiring of Outside Consu ltants to Complete Appraisals: Single Family Properties Multi-Family Pro erties Commercial Properties Real Estate Consulting (per hour rate) Robert B. B anting Paul H. Snitkin Zachary Rossetti Hourly Rates for Consulting $0.00 $800.00 $300.00 $450.00 $2,000.00 $2,400.00 $250 .00/hr $200.00/hr $50.00/hr 5% 4 .5% Robert B. Banting, Broker ....................................................................... $250.00/Hour Paul H .'Snitkin, Broker/Associate ........................................................... $200.00/Hour Zachary Ro ssetti, Associate ....................................................................... $50.00/Hour Appraisals and Evaluation Services Fixed fees per property to be negotiated FLAT COMMISSION RATE of the Sale Price/Purchase Price/Initial Lease Term: For such properties where Anderson & Carr, Inc., is acting under instructions from the Lake Worth CRA as the sole broker, listing broker, co-broker, and a Seller executed Purchase & Development Agreement for a CRA selected property is presented under t erms approved by CRA Staff and then rejected by the CRA Board, the compensation rate to Anderson & Carr, Inc., for the brokerage and negotiation services provided shall be at an amount not to exceed 2% of the agreed sale price, or Twenty Thousand and 00/100 Dollars ($20,000.00), whichever is less. (001819SJ .S 1468-0404591} Page 10 EXHIBIT "8" City of Palm Beach Gardens Agreement No A2017-132PS Real Estate Brokerage Services Exclusive Right of Sale Listing Agreement For Commercial Property r;(} Florida Real tors" This is a legal and binding contract on all parties hereto, including their heirs, legal representatives, successors and assigns and if it is not fully understood, OWNER should seek competent legal advice. 1. This contract made and entered into by and between: 2• City of Palm Beach Gardens ("OWNER" which term shall include singular and plural) 3• and Anderson & Carr, Inc. ("BROKER") 4• OWNER hereby gives BROKER for a period of time commencing the 1 day of Sep, 2017 , and terminating the 5• 31 day of Aug, 2018 , or any renewal hereof (''Termination Date") THE EXCLUSIVE RIGHT AND AUTHORITY to 6 find a purchaser of the real property and/or inventory or assets, arrange a merger, lease, lease with option to purchase, rent or 7 exchange for the herein described property and personalty described in Paragraph 1 (A). Upon full execution of a contract for sale 8 and purchase of the Property, all rights and obligations of the Agreement will automatically extend through the date of the actual 9 closing of the sales contract. 10 A. Description of real property: 11• Street address: 3704 Burns Road, Palm Beach Gardens, Florida 33410 12• Legal Description: 7-42-43, S 208 FT OF N 238 FT OF WL Y 418.85 FT OF ELY 574.41 FT OF SW 1/4 LYG W OF CENTER 13 LINE OF FEC RY AS IN OR1674 P1481, Palm Beach County, Florida 14 PCN: 52-43-42-07-00-000-7330 15 16 17 B. Description of personal property (including machinery, inventory, supplies and equipment): Upon the following price and 1a· terms: .... N ...... o __ n __ e __ n ...... o __ te __ d ____ or .... k=no ........ w __ . _______________________________ _ 19 20 21 22 23• Price : $ ________ _ 24• Terms : (include special financing terms here) 25 2s· 27* C. Mortgage Information : existing mortgage with $ _____ Balance ; ___ %, Payable $ -----· Per Month P.I. $ Approximately ___ years to run. 28 D. Interest on encumbrances, taxes, insurance premiums and rents shall be adjusted pro rata at the date of closing. 29 Improvement liens, if any, will be discharged by the OWNER . The usual and customary time to be allowed for examination of 30 title and closing of the transaction . Personal property to be included in the purchase price shall include all fixed equipment, and 31* plants and shrubbery now installed on said property. It is understood that the sale is to include: Othe goodwill and name as a 32* going concem;Ofurniture, fixtures and equipment as per attached inventory; Oadvertising; contract rights; Oleases; D 33• licenses; Orights under any agreement for interests except as stated herein . SELLER shall convey title to personal property 34 assets by Bill of Sale Absolute giving good marketable title unless the sale is a secured transaction, in which case a Security 35 agreement will be required by the purchaser. The OWNER agrees at its expense to provide (a) preparation of and delivery to 35• the Purchaser of a warranty deed or other conveying a marketable title free and clear of all liens except 37 encumbrances of record assumed by the Purchaser as part of the purchase price (public utility easements); (b) abstract of 38 title or binder for marketable title insurance policy; (c) documentary stamps for the deed; (d) SELLER's attorney fees; (e) 39 recording fee for satisfaction of existing mortgage is paid off. 40 2. BROKER agrees: 41 A. To process Property through Multiple Listing Services. 42 B. To inspect and become familiar with the Property and promote its sale; 43 C. To present all offers and counter-offers in a timely manner regardless of whether the Property is subject to a contract for 44 sale; 45 D. To advertise the Property as Broker deems advisable including advertising the Property on the Internet unless limited in 46 2(d)(i) or 2(d)(ii) below. SELLER L_) L_) and Broker/Sales Associate L_) L_) acknowledge receipt of a copy of this page, which is Page 1 of 4 Pages. _ E~S-7cp .. ~~~-~!_!I ____ .. .. ... . .. . ....... ____ .. . ©2017 Florida Realtors" Serial#: 039278-400150-4798688 form simplicity 47 (SELLER opt-out)(Check one if applicable) 48· O(i) Display the Property on the Internet except the street address of the Property shall not be displayed on the 49 Internet. 50• 0(ii) SELLER does not authorize Broker to display the Property on the Internet. 51 SELLER understands and acknowledges that if SELLER selects option (ii), consumers who conduct searches for 52 listings on the Internet will not see information about the listed property in response to their search . 53• / Initials of SELLER. 54 E. Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online. These websites are 55 referred to as Virtual Office Websites ("VOW'). An automated estimate of market value or reviews and comments about a 56 property may be displayed in conjunction with a property on some VOWs. Anyone who registers on a Virtual Office Website 57 may gain access to such automated valuations or comments and reviews about any property displayed on a VOW. Unless 58 limited below, a VOW may display automated valuations or comments/reviews (biogs) about this Property. 59• D SELLER does not authorize an automated estimate of the market value of the listing (or hyperlink to such estimate) to be 60 displayed in immediate conjunction with the listing of this Property. 61 • D SELLER does not authorize third parties to write comments or reviews about the listing of the Property (or display a 62 hyperlink to such comments or reviews) in immed iate conjunction with the listing of this Property. 63 F . To the extent not in conflict with BROKER'S duties under paragraph 6 below, to furnish information requested by another 64 agent or licensed real estate broker and to assist cooperating broker in closing transaction on the Property when requested. 65 G. To take all reasonable precautions to prevent damage in the process of showing Property or permitting others to show 66 Property, but BROKER accepts no responsibility for loss or damage; and 67· H. To Outilize [El not utilize the name of the OWNER in connection with marketing or advertising of the Property either 68 before or after sale; 69 I. To represent the OWNER, and thereby is authorized to accept, receipt for and hold all monies paid or deposited as a 70 binder or deposit on the purchase of the Property, and the duties of the BROKER relative thereto shall be in accordance with 71 the laws of the State of Florida and regulations of the Florida Real Estate Commission; and 72 3. OWNER agrees: 73 A. To pay the BROKER compensation in accordance with the terms of this Agreement set forth in paragraph 4 below; 74 B. To give BROKER permission to pay cooperating brokers, except when not in OWNER'S best interest: [Eland to offer 75* compensation in the amount of 2.5% of the purchase price or$ to BUYER's agents , who 76· represent the interest of the BUYERs, and not the interest of OWNER in a transaction ; [Eland to offer compensation in the 77* amount of 2.5% of the purchase price or$ to a broker who has no brokerage relationship with 78* the BUYER or OWNER;[E]and to offer compensation in the amount of 2.5% of the purchase price or 79• $ to transaction brokers for the BUYER; 0None of the above (if this is checked , the Property cannot be 80 placed in the MLS .) 81 C. In the event of an exchange, to permit BROKER to represent all parties and collect compensation or commissions from 82 them. BROKER is authorized to pay other brokers such compensation or commissions in any manner acceptable to brokers. 83 D. To pay compensation due BROKER if Property, or any interests therein is sold, leased or contracted to be sold or leased 84* or otherwise transferred within~ days after Termination Date to anyone to whom the Property was submitted by or 85 through the efforts of any BROKER or the OWNER before the Termination Date. However, the obligation to pay such 86 compensation to BROKER shall cease if a bona fide Exclusive Right of Sale Contract is entered into after Termination Date 87 with another licensed BROKER and a sale, lease, exchange or contract therefor, of the Property is made during the term 88 thereof; 89 E. To notify the BROKER in writing before leasing , mortgaging or otherwise encumbering the Property and to provide 90 details of any such encumbrances; 91 F. To refer immediately to BROKER all inquiries relative to the purchase or leasing of the Property. 92 G. To warrant accuracy of information set forth herein and on the data sheets, exhibits and addenda attached hereto and to 93 indemnify and save harmless BROKER and those relying thereon for damages resulting from errors contained therein; 94 H. To furnish BROKER with keys to the Property and make the Property available for BROKER to show during reasonable 95 hours; 96 I. To pay any applicable sales tax when due; 97 J. To obtain any information relating to the present mortgage or mortgages on the Property including existing balance, 98 interest rate, monthly payment, balance in escrow and payoff amount; 99 K. To authorize BROKER to place "For Sale", "Under Contract" OR "Sale Pending" signs upon the Property and to remove 1 oo the signs upon termination of this Agreement or sale of the Property ; and 101 L. To otherwise cooperate with the BROKER in carrying out the purpose of this Contract. 102 M. Provide all reasonable financial information, including but not limited to balance sheet, etc. SELLER L_) L_) and Broker/Sales Associate L_) L_) acknowledge receipt of a copy of this page, which is Page 2 of 4 Pages. ___ ERS-7cp ~_ev~~1!.. ..... ©2017 Florida Realtors~ Serial#: 039278-400150-4798688 fo1111 simpl i...,ity 103 4. Compensation: OWNER agrees to pay BROKER as follows, including paying all taxes, if any, on BROKER'S services, if 104 BROKER, any agent of BROKER or a BUYER's Broker procures a BUYER who is ready, willing, and able to purchase, lease, 105 or exchange the property, and/or inventory of the OWNER, and/or assets of the business whichever is applicable, on the terms 106 of this Contract or any other terms acceptable to OWNER. The stated compensation shall be paid to the BROKER in the event 107 of a sale, exchange, or transfer of any interest including stocks or shares in the Property during the term of this contract, 108 whether such transaction, sale or exchange be accomplished by the BROKER or any other person or entity including 109 109 OWNER: (complete whichever fee arrangements apply): 110· A. (CHECK ONE): [!] 5 % of gross sales price, orD % of gross sales price plus$ , or 111• 0$ including fees BROKER may pay to cooperating brokers. OWNER shall pay this fee at the time, and 112 from the proceeds, of closing . If OWNER transfers the Property for nominal consideration, OWNER shall pay 113* $ on the date OWNER transfers title . 114 B. In the event the Property is leased during the term of this Agreement, OWNER shall pay to BROKER a leasing fee of 115• $ or 5% of gross lease amounts. The fee shall be paid to BROKER when BROKER, OWNER or 116 anyone working by or through BROKER produces a tenant acceptable to OWNER. If the tenant purchases the Property at any 117 time, even if such a purchase is subsequent to the expiration date of this Agreement, BROKER shall be paid the stated 118 compensation set forth in Paragraph 4A at the time of closing . 119* C. In the event that deposit(s) be retained, % (50% if left blank) thereof, but not exceeding the compensation 120 provided above, shall be paid to the BROKER as full consideration for BROKER(s) services, including costs expended by 121 BROKER, and the balance shall be paid to OWNER. If the transaction shall not be closed because of refusal or failure of 122 OWNER to perform, the OWNER shall pay the said compensation in full to BROKER upon demand. 123 5. OWNER understands that this Contract does not guarantee the sale of the Property but that it does assure OWNER 124 that BROKER will make earnest and continued effort to sell the Property until this Contract is terminated. 125* 6. (CHECK ONE) OWNER O DESIRES [RI DOES NOT DESIRE UTILIZATION OF A LOCKBOX SYSTEM. IN THIS REGARD, 126 OWNER HAS BEEN INFORMED THAT THROUGH THE USE OF A LOCKBOX SYSTEM, THE PROPERTY MAY BE MORE 127 READILY SHOWN TO PROSPECTIVE BUYERS, BUT THAT PERSONAL PROPERTY OF OWNER, MAY, THEREFORE, BE 128 MORE SUSCEPTIBLE TO THEFT OR DAMAGE. OWNER AGREES THAT THE LOCKBOX, IF UTILIZED, WILL BE FOR THE 129 BENEFIT OF OWNER AND RELEASES BROKER AND THOSE WORKING BY OR THROUGH BROKER, AND THE 130 BROKER($) LOCAL BOARD($) AND/OR ASSOCIATIONS OF REAL TORS FROM ANY LIABILITY AND RESPONSIBILITY IN 131 CONNECTION WITH ANY LOSS THAT MAY OCCUR. THE BROKER ADVISES AND REQUESTS THE OWNER TO 132 SAFEGUARD OR REMOVE ANY VALUABLES NOW LOCATED ON THE PROPERTY AND TO VERIFY THE EXISTENCE OF 133 OR OBTAIN PROPER PROPERTY INSURANCE. SHOULD A TENANT BE IN THE PROPERTY, THE SELLER SHOULD 134 NOTIFY THE TENANT IN WRITING OF THE USE OF A LOCKBOX. 135 7 . OWNER authorizes BROKER , upon execution of a contract for sale and purchase, to notify the Multiple Listing Service of the 136 pending sale and after closing of the sale to disclose sale information including the sales price to the Multiple Listing Service, other 137 REAL TORS and appraisers. 138 8. In the event any litigation arises out of this Contract, the prevailing party shall be entitled to recover reasonable attorney fees 139 and costs. 140 9. TERMINATION: This Contract shall terminate as of the Termination date unless sooner terminated as provided below: 141 A. If OWNER decides, because of a bona fide change in circumstances, not to sell the Property, this Contract shall be 142 conditionally terminated as of the date OWNER executes a Withdrawal Agreement and pays BROKER a cancellation fee of 143* $0.00 . If OWNER contracts for sale to anyone after the agreed early termination date but on or before the 144 original Termination Date, then the early termination provided by this paragraph shall be voidable by BROKER and OWNER 145 shall pay BROKER the compensation stated in paragraph 4, less the cancellation fee paid pursuant to this paragraph. 146 B. If at any time during the term of this Contract, BROKER determines that the proceeds from the sale of the Property which 147 OWNER would reasonably expect to receive will not be sufficient to pay the compensation due BROKER, then this Contract 148 may be terminated by BROKER upon three days written notice to OWNER . 149 10. MANC.tt.TORY AR&ITRATION; ATTORNEYS' F-'.EiEiS; All Glaims , Elis,:3wtes , aREl eU1er matters iR qwestieR betweeR tl:le ,:3arties 150 arisiRg ewt ef er relatiRg te tl:lis CeRtraGt , er aRy aEIEleRElwm er aEIElitieR, SMALL 8E DECIDED 8Y MANDATORY BINDING 151 ARBITRATION iR aGGerelaRse witl:I tl:le FleriEla Arbitrati0R C0Ele, Cl:la,:3ter 682, Fl0riEla StaMes. EaGl:I party sl:lall seleGt aRy 152 areitrat0r aREI tl:le twe arbitrat0rs s0 sl:l0seR sl:lall ~00se a tl:lirel areitrat0r. Tl:le tl:lree ar0itraters se sl:leseR sl:lall l:lear aREl EletermiRe 153 tl:10 matter. TMIS AGREEMEf>IT TO ARBITRATE SMALL BE SPECIFICALLY ENFORCEABLE YNDER TME FLORIDA 154 ARBITRATION CODE, aREI jwElgFReRt t:ip8R tl:le aware reRElereEl 0y tl:le ARBITRATORS may 98 eRtereEl ey tl:le Cet:irt l:laviRg 155 jt:irisElietieR tl:lereef. IR eeRReGtieR witl:I aRy st:161:l ar0itratieR er litigatieR, tl:le prevailiRg party sl:lall 00 eRtitleEl te resever all fees aREl 156 sests iRst:irreEI iRslt:iEliRg reaseRa0le att0rReys' fees. OWNER l:las 0eeR aE1·1iseel aRel seRseRts te perFRit BROKER te tile a lieR SELLER L_) L_) and Broker/Sales Associate L_) L_) acknowledge receipt of a copy of this page, which is Page 3 of 4 Pages. ..... ERS-7cp .. ~~-~-~/!? __ _ ©2017 Florida Realtors8 Serial#: 039278-400150-4798688 formsimplicitv 157 agaiAst tl:le PFeJ;)eFty, if a13131isaele, feF l:lA13aia Feal estate eeFAFAissieAs, f31:lFsl:laAt te SestieA 47e.42(1 )&), FleFiaa StaMes, wl:liel:l lieA 158 sl:lall ee Feleasea 8Aly at Sl:l61:l tiFAe as tl:le fl:lll 68FAFAissieA aA8 all etl:leF Sl:lFAS 81:le l:lA8eF tl:lis AgFeeFAeAt, iA6ll:l8iAg iAteFest, 159 atteFAeys fees aAa eests, l:la·,e eeeA 13aia iA fl:lll . 160 11. COMMERCIAL LIEN ACT DISCLOSURE: The Florida Commercial Real Estate Sales Commission Lien Act provides that 161 when a BROKER has earned a commission by performing licensed services under a brokerage agreement with you, the BROKER 162 may claim a lien against your net sales proceeds for the BROKER'S commission. The BROKER'S lien rights under the act cannot 163 be waived before the commission is earned. 164 12. MISCELLANEOUS: This Agreement is binding on BROKER's and OWNER's heirs, personal representatives, administrators, 165 successors and assigns. BROKER may assign this Contract to another listing office. This Contract is the entire agreement between 166 BROKER and OWNER. No prior or present agreements or representations shall be binding on BROKER or OWNER unless 167 i ncluded in this Contract. Signatures, initials and modifications communicated by facsimile will be considered as originals. The term 168 "BUYER" as used in this Contract includes BUYERs , tenants, exchangors, optionees and other categories of potential or actual 169 transferees. 110· 13. ADDITIONAL TERMS If the listing broker sells the subject property direct, the property owner will compensate the broker at 171 5% of the gross sales price . If the listing broker sells the subject property with use of a cooperating broker the fee is 5% of the 172 gross sales price, with 2 .5% going to the Buyer's Broker and 2.5% going to the Listing Broker. 173 174 175 176 177* Date:-------SELLER: _______________ Tax ID No: 178 (print name) 179* Telephone #'s: Home ________ Work ________ Cell ________ Fax: -------- 180* Address:---------------------------E-mail: ------------ 181* Date: _______ SELLER: _______________ Tax ID No: 182 (print name) 183* Telephone #'s: Home ________ Work--------Cell ________ Fax: -------- 184* Address:---------------------------E-mail: ------------ 185* Date: __ A_u....:::g;....1_8...;., _2_0 _17 __ Authorized Listing Associate or Broker: _____ P_a_u_l S_n_i_tk_in_a_n_d_R_obe_rt_B_an_t_in_g ____ _ 186 (print name) 187* Brokerage Firm Name: Anderson & Carr, Inc. Telephone: ___ 5_6_1-_8_3_3-_1_6_6_1 __ _ 188* Address: ____________ 5_2_1_S_o_ut_h_O_li_ve_A_ve_n_u_e..;..,_W_e_s_t_P_a_lm_B_e_ac_h....:.,_F_lo_r_id_a ___________ _ 189* 190 191 * Signature of SELLER 192 Signature of Associate or Broker 193* Copy returned to SELLER on the Signature of SELLER day of by: D personal delivery D mail D e-mail D fax. SELLER L_) L_) and Broker/Sales Associate L_) L_) acknowledge receipt of a copy of th is page, which is Page 4 of 4 Pages. _ ERS-7cp __ R.f:!V 6/1.!._ _ -·· . ©2017 Florida Realtors• -. - Serial#: 0392784001504798688 1 () 1 1n pl ty 9~ CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITIAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open com petition. 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: Purchase of Bunker Gear for Fire Rescue Department DATE ADVERTISED: Not applicable WAS SOLICITATION OPENLY COMPETED? Yes FUNDING ACCOUNT INFORMATION: 001.1230.522 .5294 CONTRACT TERM: Upon delivery OPTIONS TO RENEW: N/A VENDOR(S): BENNETT FIRE PRODUCTS COMPANY, INC. CONTRACT NO.: A2018 -140FR DEPARTMENT: Fire Rescue BIDS/PROPOSALS DUE DATE: Not applicable RESPONSES RECEIVED: Not applicable ANNUAL CONTRACT VALUES: Year One: $88,690.00 Year Two: $N/A TOTAL CONTRACT VALUE: $88,690.00 Eighty-Eight Thousand Six Hundred Ninety Dollars BACKGROUND: Over the years, the City's Fire Rescue Department has standardized on the Globe brand of firefighting bunker gear for its personnel. Bennett Fire Products is the only authorized dealer for Globe in Florida. The vendor has an active contract with Lake County that allows the City to access that agreement and purchase the bunker gear at volume-discounted pricing up to 42% off the manufacturer's list prices. An additional price discount is given to the City for the quantities purchased. COMMENTS: Bennett Fire Products Company was formed in 1994 by Danny Bennett and is based in Woodstock, Georgia. The company specializes in firefighting protective clothing and is highly regarded in the industry. The City has not had any performance or delivery issues with this vendor or its products. Originator James Ippolito Department Head Keith Bryer Purchasing Km! Ra Finance Allan Owens D NOT APPROVED 0 DEFERRED DATE I I -·- (j~ CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR BUNKER GEAR FOR FIRE RESCUE DEPARTMENT (ACCESS OTHER CONTRACT) AGREEMENT NO. A2018-140FR 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 Bennett Fire Products Company, Inc., a Georgia corporation (hereinafter referred to as the "Contractor''), whose principal address is 195 Stockwood Drive, Suite 170, Woodstock, Georgia 30188. WHEREAS, Section 2-294 of the City's Code of Ordinances permits the City to access an agreement awarded to another governmental agency pursuant to a competitive sealed bid; and WHEREAS, Lake County, Florida, awarded a competitively solicited contract under Contract No. 17-0606 (hereinafter referred to as the "Contract") to the Contractor for Fire Equipment and Supplies, attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the Contract's effective date is July 1, 2017, and will expire on June 30 ,2018;and WHEREAS, the City desires to access the Contract under the existing terms and conditions to purchase bunker gear and related items as described in the Contractor's quotation, attached hereto and incorporated herein as Exhibit "B". NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: Page 11 of 7 ARTICLE 1. DESCRIPTION OF GOODS. City of Palm Beach Gardens Agreement No. A2018-140FR Purchase of Bunker Gear for Fire Rescue Department The Contractor shall supply and deliver to the City's Fire Rescue Department the bunker gear and related items described in Exhibit "B". ITEM DESCRIPTION QUANT Li/PRICE TOTAL 1. Globe G-Xtreme 3.0 Jackets* 35 $1,257.00 $43,995.00 Globe IH (internal harness) Ready 2. Trousers with Carabiner and Suspenders* 35 $1,277.00 $44,695.00 Grand Total: $88,690.00 *All items are per Palm Beach Gardens Fire Rescue Department custom specifications. ARTICLE 2. PAYMENT. The City will pay the Contractor based on the terms and conditions in the Contract and the total cost for the bunker gear and related items as shown in Exhibit "B". 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. The estimated amount payable under this Agreement is Eighty-Eight Thousand Six Hundred Ninety Dollars ($88,690.00). ARTICLE 3. TERM OF AGREEMENT. The term of this Agreement shall be from the effective date until the delivery of the bunker gear and related items by the Contractor and inspection and acceptance by the City, inclusive of all warranty provisions of the Contract. ARTICLE 4. TERMINATION. This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon 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. Page 12 of 7 ARTICLE 5. INDEMNIFICATION. City of Palm Beach Gardens Agreement No. A2018-140FR Purchase of Bunker Gear for Fire Rescue Department 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 liability, losses, or damages, including attorney's fees and costs 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, keep and save harmless, and defend the City or its officers, employees, agents, and instrumentalities as herein provided . This Article shall survive the term of this Agreement. ARTICLE 6. 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: Page 13 of 7 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 Bennett Fire Products Company, Inc. 195 Stockwood Drive, Suite 170 Woodstock, Georgia 30188 Attn: Richard D. Bennett Email : bennettfire@att.net City of Palm Beach Gardens Agreement No. A2018-140FR Purchase of Bunker Gear for Fire Rescue Department b. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. 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 arid 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. 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. Page 14 of 7 I ! I I ' City of Palm Beach Gardens Agreement No. A2018-140FR Purchase of Bunker Gear for Fire Rescue Department k. Conflicts. In the event of any conflict or ambiguity between the terms and conditions set forth in this Agreement and those set forth in the Contract, the terms and conditions of this Agreement shall control ARTICLE 7. 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 the 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 8. 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 Inspector General may, on a random basis, perform audits on all City agreements. ARTICLE 9. 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 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 Page 15 of 7 City of Palm Beach Gardens Agreement No. A2018-140FR Purchase of Bunker Gear for Fire Rescue Department 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 10 . 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) Page 16 of 7 City of Palm Beach Gardens Agreement No. A2018-140FR Purchase of Bunker Gear for Fire Rescue Department IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date hereinabove first written. ATTEST: By: ___________ _ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ___ -'----~>t------ R. Max Lohman , {)t'o\~o.i\ ~(Te,<; WITNESSES: CITY OF PALM BEACH GARDENS, FLORIDA By: _______________ _ Maria G. Marino, Mayor BENNETT FIRE PRODUCTS COMPANY, INC. By:__.8__;,,dt......;..;;,:t.-A;.;,;,..::d;;.__;})_· ._.;.,::&;..;;;.._;;~~--- Richard D. Bennett, President s Sf ~~~~ Printame: 4 L'.i.£ ~Ge~ By ~~ 8..dJ-i PrintNae~ '/A t..\ \p E1'JtJ F1t G :\attomey_share\AGREEMENTS\2017\Bennet Fire-A2018-140FR Agreement for Purchase of Bunker Gear.docx Page 17 of 7 EXHIBIT "A" City of Palm Beach Gardens Agreement No. A2018-140FR Purchase of Bunker Gear for Fire Rescue Department LAI<E COUNTY llURIDA CONTRACT NO. 17-06068 Fire Equipment Parts -Supplies -Service LAKE COUNTY, FLORIDA, a political subdivision of the state of Florida, its successors and assigns through its Board of County Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the bid of Bennet Fire Products {hereinafter "Contractor") to supply fire equipment parts, supplies, and services to the County pursuant to County Bid number 17-0606 {hereinafter "Bid"), addenda nos. 1 and 2, opening date 12/13/2016 and Contractor's Bid response thereto with all County Bid provisions governing. A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. No financial obligation under this contract shall accrue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this contract. Contractor shall submit the documents hereinafter listed prior to commencement of this Contract: Insurance Certificate -an acceptable insurance certificate {in accordance with Section 1.8 of Bid) must be received and approved by County Risk Management prior to any purchase transactions against the contract. The County's Procurement Services Manager shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his or her option, declare this contract terminated, and for any loss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable. This Contract is effective from July 1, 2017 through June 30, 2018 except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty {30) day written notice for the convenience of the County. This Contract provides forfour (4) one year renewals at Lake County's sole option at the terms noted in the Bid . Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Manager. Distribution: Original-Bid File Copy-Contractor Copy-Department LAKE COUNTY, FLORIDA By: 0jJ~ Senior Contracting Officer Date: 'J ... ~J-?-0 l ( "Earning Community Confidence Through Excellence in Service" Office of Procurement Services 315 W. Main, Suite 441 P.O. Box 7800 Tavares. Florida 32778-7800 Ph 1352\ 343-9839 Fax 1352\ 343-9473 -l I I Fl OR TOA TNVTT A TION TO BID (1TB) FIRE EQUIPMENT-PARTS-SUPPLJES-SERVICE ITBNumher: 17-0606 Contractin2 Officer: D. Villinis ----------- Bid Dne Dlltt!: December 1~ .... ~'--2_0_16 ____ l'rc-Bid Cnnf. Dote: Not Applicable BidDucTlmc: _3_:00 ___ . _.p_.m._· -------1TB b!lne Date: October 24, 201~ TABLE OF CONTENTS SRCTTOK I : Special Tmm~ 8.11d Conditions SECTIO'K 2: Statement of Work SJJCTIOI\' 3: General Terms and Condition11 SECTION 4: Pl'icing/Certitication"'Sig:naturc:s SECTION S: Attachments SPECIFIC SOUCITATION REQUIREMENTS ARE AS NOTED BELOW: PropOl'iaJ and/or Performance Band: ! Nol applicable to tltis rm _ Certificate of Campctcncy/Lim:ruic: --------_ i Nut applicable to this ITH Indcmnific11tian/Insu:raocc: i Section 1.8 ·p;~~Bid C~~c~~~~iw~ik~ilirui . i Not applicable to this rm : 1 2 14 16 20 23 At the date and time specified above, all bids that have been received 1n a timely manner will be opened, recorded, and accepted for consideration. The names of the biddc..-r~ submitting hhbi will be read aloud and recorded. The hicls will be available for inspection during no11nal business hours in the Office of Procuremtml Scrvk:cs thirty (30) calendar days after the official bid due date. When counter- signed by an authorized County representative, this document and any specifically identified attachments may form the contract document binding the partiei:. to all perfoommce spccificd herein- Vendors ~hall complete and return the entirety of this 1TB Document, and attath all othet' information requc.11tcd in this ITB document (See Provision 1.13), Failure to sign the bid response, or to submit the bid response by the specified time and datc1 may be cause for rejection uf the bid. NO-RESPON~E REl'LY If any vendor does not want to re.i.])ond to this :mlicitalion al this time, or, would like to be removed from Lake County's Vendor Li5t, ple11Se mark. the appropriate space, complete name below and return this page only. 0 Not interested at this time; keep our finn ort I ,akc Courtty's Vendors List for future solicitations for this product / service D Please 1·cmovc our firm from Lake County's Vendor's List for this produc~ / service. Company Name: F..-mail Addre111: VJ<:~DOlt IDJi~NTJFICATION Bt1111tlf hre Prodvt-ts Co .,~{. l"honeNumbcr: ben11eJtf,re. e a.#. /It t {'.ontact Person: ) 'JO · 5''/1 • f)S" Jo D"'1rM'f Bt n,1e..1f- SECTION 4-PRICING/ CERTWICATIONS/ SJGNATURES 1TB Number: 17-0606 1TB TITLE: Fl RE EQUIPMENT -PARTS -SUPl1LI 1£S -SERVICE NOIBS: • When purcha.\ing on n direct basis, Lake County is ex..,'IllJlt from all taxes (.rcdcral, State, Local). A Tax E:r.cmption Certificate will he rumished upon request fo,· such purch~~. However, the vendor will be re.1pnnsiblc for payment of taxes on aU materials purchased by the vendor for incorporadon into the project (Jee prm-ision 3.8 for further detail), • The vendor shall not alter or amend any of the infomutlion (includin& but not limited to !Uated units of measure. item dc!;c1 ·iption, or quantity) !.lated in the Pricing Section, If any quanlitic!; arc stated in the pricing ~cction as being "estimated" quantities, vendon. arc adv ised to review the "Estimated Quantitius" clause contained in Section J of this solicitation . • Any hid containing a modifying or "escalnLor" clause not specifo:ally allowed for under the 1:101icitation will not be cornddcrcd. • Unit prices shall govern for all services priced on that basis .ts rt:quc.~tcd under this solicita.tiun. • All pricing sh~II he f-OD Destination unless otherwise specilicd in this solicitation document. • All pricing submitted shall remain valid for a 90 dity period. Dy signing and ::;uhmltting a responsti to Lhis ~olicitation. the vendor has specifically agreed lo this condition. • Vendors arc advised to visit our website Ht h ttr,://www.lakccounh·fl.gm· and a·cgistcr ns l l potential ve11dor. Vendor~ lhat 11ayc registered on-Jinc receive un e-mail notice when the County issues a solicitation matching the commuclity codes sl'lccted by a vendor during the regbtration proc1:11s. • If the contractor has questions regarding the applicability of Chapter 119, Florida Statutes, to the contractor's duty to p1·ovide public records relating to this contract~ contact the custodian of public records via the individual designated in provision l.Z of this solicitation. ACKNOWLlt:UGEMENT Of? ADU~NDA INSTRUCTIO~S: Complete Pait I or Pait li, whichever applies Part J ; The bidJ~-r mui~t list below the Jatc.ci of issue for each addendum received in connection with this ITB : Addendum I/ 1, Dated: t.? 1\11 b t 7-l , Z. u I ~ -~--- Addendum #2, Dated: , ,.., h, , J o Z t,) J b ---------+/---- Addendum #3, Dated: Addendum #4 , Da lcd: --- Part II: 0 No Addendum wa~ n.:ccived in coonection with this ITB. 20 LAKE COUNTY OFFICE OF PROCUREMENT SERVICES 315 WEST MAIN STREET, SUITE 441 PO B0X7800 TAVARES FL 32778-7800 FLORlDA ADDENDUM NO. 1 November 22, 2016 1TB 17-0606 Fire Equipment•Parts-Supplies-Service PHONE: (352) 343-9839 FAX: 352) 343.9473 It is the vendor's responsibility to ensure their receipt of all addenda, and to dearly acknowledge all addenda within their initial bid or proposal response. Acknowledgement may be confirmed either by inclusion or a signed copy of this addendum within the proposal response, or by completion and return of the addendum acknowledgement section of the solicitation. Failure to acknowledge each addendum may prevent the bid or proposal from being considered for award. This addendum does not change the date for receipt or bids or proposals. Questions concerning this solicitation are due December 2, 2016. The purpose of this addendum is address an inquiry received . A vendor asked about the re -procurement costs mentioned in Sections 1.10, 1.11, and 3.27 of the 1TB. The County reserves the right to charge a vendor re-procurement costs when the original awardee defau Its in the performance of their contract, and the County is forced to obtain the goods or services from another higher priced vendor through re -procurement. This is standard language in the County's solicitations and is an option available to the County to try and recoup some of the losses associated with re-procurement. Th e i ntent of this particular solicitation (1TB 17-0606) is to establish a pool of contracted vendors to cover the County's needs forvarlous goods and services utilized by the Public Safety and Fleet Management Departments. Re-procurement would not normally occur for this type of solicitation because there arc usually multiple sources available to meet our needs. Acknowledgement of receipt of Addendum: Firm Name: &n11t..ft n'rt PruJ11<.tS t;,"1''"11 J,.1.:.. Date: _M_'v_V_l-lfl'_b_~_r·_J_u~ 2~,,., Sign a ture : .b~ /""!,_~ Title: _p_,.,_~_5_,d_, __ l'l_t ___ _ Typed/Printed Name: f) a "',. 7 f3 L f111 e ft- LAKE COUN.TY FLORIDA OFFICE OF PROCUREMENT SERVICES 315 WEST MAIN STREET, SUITE 441 PO BOX 7800 TAVARES FL 32778-7800 ADDENDUM NO. Z November 30, 2016 1TB 17-0606 Fire Equip~nt-Parts-Supplles-Service PHONE: (352) 343-9839 FAX: 362) 343.9473 It is the vendor's responsiblllty to ensure their receipt of all addenda, and to clearly acknowledge all addenda within their initial bid or proposal response. Acknowledgement may be confirmed either by lncluslon of a signed copy of this addendum within the proposal response, or by completion and return of the addendum acknowledgement section of the solicitation. failure to acknowledge each addendum may prevent the bid or proposal from being considered for award. This addendum does not change the date for receipt or bids or proposals. Questions concerning this solicitation are due December 2, 2.016. The putpose of th ls addendum Is to address the following: Current term and supply agreements under the previous Invitation to Bid (1TB #12-0806) e><pireJune 30, 2017, It is anticipated that the new term and supply agreements awarded under this 1TB #17-0606 shall be effective July 1, 2017. Vendors shall submit price discounts that will be deducted off current list prices for products at the time of purchase. Acknowledgement of receipt of Addendum: Date: !),~c. 2-I i I (p Signature:-----"'""'~::c._t:--_~ __ 7-1--/-~;..-=_ ..... _ ......... _-_ ..... _1,_f: ___ Title : -'~-1"~_..s _, _d_t __ l-__ _ Typed/Printed Na me : ____ !')_a_,_, _.,,_7.,____/.5_.'"'?_e._,_l _f _, ~_tr ___________ _ SECTION 4-PRICING/ CERTIFICATIONS/ SIGNATURES ITB Nwnber: 17-0606 PRICING SECTION -GENERAL INli'ORMA TION (Subm i t discounts and hourly service rates in Allachm1mt 2 "P ricing Fonn") I. Warehouse location: Addri;s!!: 115 StoG.l<~ooJ IY/ve 1 511J1. I 7o __ _ City/State/Zip: Wo"d$toeK t 6-A :Jo/BB ___ _ Telepbunc/Fax: _ 770 -591-0 s J.o 2. Shop location: Address: _______ --------- City/Statu/Zip: _ Telephone/Fax:----------------- 3. Website addre.'l!I for price lisls/catnlogi:: WluW be11,1e Hn'r(? p rr)(I ,n,.ts . LOA? 4. StandardWarranly:_ Se.l MA,,vlAl--f1Jrer'$ '"J,v,d. va-1 s. Lcat.l timo: .3o · '6:, o d a.1 ~ A ft 11. r r~ c.e.~°;J-t e;F t>rd ~ ,- 6. 7. Minimum order (if any): __ /) f) t1 t!. Handling Ceo if less than minimum (if applicable):_ /1()11 ~ 8. Dues your fia"m offer pickup 11nd delivery of vehicles and equipment needing repa ir? Ye.'l __ Nu __ Charge for delivery/pickup:_ ,v)A 9_ Dues your firm have towing cap11bilities'l Yes __ Nu __ Towing charges: ____ _ 10. Will your Jirm accept Visa Purcha"ing .Cards or ll--Pnyable form of payment'./ Ycs_L__ No 11 , Vendor conlacl for emergency and/or disusler service 24 h0lll'll.f7 days per week: Name: !) t( /J II , D t. ,1 fl L /t Tukphone: TJD · S 1 I · 0) J. 0 Cell : ) }O -J./1) J:. · '1 1/J D 12. Exccptiom, tu specific.:atioru;: Yes* __ _ No / • 11' yes, insert a !leparate 1heet lmmcdiate1v foll11wiog Ut.is pae.c dctaiUng exceptions. 21 SECTION 4-PRICING/ CERTIFICATIONS/ SIGNATURES 1TB Number: 17-0606 By Signing this Bid the Bidder Attests and Certifies that: • It satisfies all legal requirements (as an entity) to do business with the County. • The undersigned vendor acknowledges that award of a contract may be contingent upon a determination by the County that the vendor has the capacity and capability to successfully perform the contract. • The bidder hereby certifies that it understands all requirements of this solicitation, and that the undersigned individual is duly authorized to execute this bid document and any contract(s) and/or other transactions required by award of this solicitation. Purchasing Agreements with Other Government Agencies This section is optional and will not affect contract award. If Lake County awarded you the proposed contract, would you sell under the same terms and conditions, for the same price, to other governmental agencies in the State of Florida? Each governmental agency desiring to accept to utilize this contract sha~ responsible for its own purchases and shall be liable only for materials or services ordered and received by it. ~ Yes D No (Check one) Certification Regarding Felony Conviction Has any officer, director, or an executive perf~ng equivalent duties, of the bidding entity been convicted of a felony during the past ten (10) years? 0 Yes ~ No (Check one) Certification Regarding Acceptance of County VISA-based Payment System Vendor will accept payment through the County VISA-based payment system: D Yes @' No Reciprocal Vendor Preference: Vendors are advised the County has established, under Lake County Code, Chapter 2, Article VII, Sections 2-221 and 2-222; a process under which a local vendor preference program applied by another county may be applied in a reciprocal manner within Lake County. The following information is needed to support application of the Code: 1. Primary business location of the responding vendor (city/state): _W_()~od~1,~f-p_u<.......,,,__~_A _______ _ 2. Does the responding vendor maintain a significant p~ical location in Lake County at which employees are located and business is regularly transacted: D Yes ~ No If "yes" is checked, provide supporting detail: Conllict of Interest Disclosure Certification Except as listed below, no employee, officer, or agent of the firm has any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. DUNS Number (Insert if this action involves a federal funded project): General Vendor Information and Bid Si2nature: FirmName: f3en11t! ff h't-t-f'/'odvct'S L.PA,iJ'"'-"7, ;r:;,,u ... StreetAddress: /'IS -Sf-oc.kw~od hri,ll, Sv1fe.. l7D Wol)d,:,fpe-L( 6-A 30188 MailingAddress(if different): PO 8o'X ol L/StJ Wood.sfvd,... 671 3oJB8 TelephoneNo.: ?JO S'll-O'SJ.o FaicNo.: N/A E-mail:btn/JeHf,'re €4#'.l>t.t FEIN No. S 8 -~ I 'I 351 J.. Prompt Payment Terms: ____..-,,/o ---days, net Jo Signature: .])~ 8 ~ Date: ,.;;;;;;,1,,~ '1-ol lo Print Name: DA ~ t. t111 ~ t+ Title: fre !,, , 'J ~ 11. t • Award of Contract by the County: (Official Use Only) By signature below, the County confirms award to the above-identified vendor under the above identified solicitation. A separate purchase order will be generated by the County to support the contract. Signature of authorized County official: ~ Date: 3--21-2.011 Printed name: l, t:ir'A: ,J \\ .... 1....-1#1 } Title: S€l'/ lUR. u JV r@\C-nrJ c... c) fFt y;p.. 22 --1 I SECTION 5-ATTA{~HMENTS THE FOLLOWING DOCUMENTS ARE ATTACHED: Attachment 1: Reference Form Attachment 2: Pricing Form 23 1TB Number : 17-0606 ·-----·······-- SECTION 5 -ATTACHMENTS 1TB Number: 11-0,;or, Aga1.q Addttis City,S1au::,ZIP Cnntact PcmJn Telerihonc lMc(M)Of Si:nricc Type or Secvic<l CO!DUlellls: Ascney Addr~ ~i1y,St11l.s,ZIP Con1actl'emlll Tolcphonc llflie(i.) of Sffvice 'l'ypi:uf Service C'umakmts: Addrci;1, Conlact l'cmm Telephone Date(s)of Scr\/ia, C:ommcnt1 : ATTACHMENTl-REFERENCES B rowA.,.J lovri h.i A re. l £)C.V~ ~3o.i -l3 .5 /IJ ~J_ /\_j_ .5/ret.. t !:>a J1JtJ.. s~~c. h I FL-J1 3 IJ- J-O?i I SI-/ C 5 Ch,~I ~j ,1c£ C/11"'1.II~ '15 'I -3 .,_ 7 -B 1 I J-'-' 1111-I re.~~" t hr~ {, 'I kt,~ 1$ /Jro f-~d, ve. C/0#1,\q ~,,., 'Jr 4£1; p li>t' C' C.Ov11 I-,.., £,,.,,,P./,;:;e.r1c:•1 ~erv1L~ S I .., ' ~o31P { //It!-S.a., J) "tJ. J;. L [) r:11 L. /Jdess~ Fl- , ]3~S~ .5v1'r1 1,,,, ()f"~~r JoJ111 L v ec.K t.. 61 5 -1J I, -q) 'I 7 ..) 01) .i -f ~ Sl'lt -f:' ..:5,.1.tMe a .s et l:," ve. 24 SECTION 5-ATTACllMENTS ITB Number: 17-0606 ATTACHMENT 2 -PRICING FORM Current brand., in use by the Fire Relic.:uc Division include the following. Please complete the following infrnmalion for those bnmds 1>upportcd by your tinn. Enler "yes" or "no" for stocking distrihuLnr. Tf you represent other manufacturers for similar fire-rclaLctl equipment, parts, or irupplics not listed, please add the manufacturer and pricing infonnatiun in the blank spaces at end of pricing table. Diaco'Ullt Hourly Rate Stocking .Brand off List Price for Repair Service l>ii1tribu tor? 3M<..:OMl 1ANY - ABLESHOME -ACTION - AH STOCK AlM -- AJAX AKRON RRASS ALL AMERICAN I-IRE HOSE t I ALLEN SYSTEMS -ALOCOLlTE AMEREX AM~RICAN FJREWEAR JD 4tS -AMERICAN LAfltANCE .) ANGUS --ANSULfOAMS -APPLF.r.ROFT B & B ENTERPRlSHS I BIO SYST.liMS - ---ilLACKTNTON BADGES -llOUTONCO BULLARD CALlFOIU•fJA MOUNTAIN '-CARNS & BROTI-llill 30 i.,1e~ CAST PRODUCTS J - 25 SECTION 5 -ATTACHMENTS CJI.ARKATE .• ) CHUBB(FOAM CJ I URCHVILL E CIRCULAlR C0DE3 COLLIN AXF.S COLLTNSDYN 'AMlCS (ROM CORl') COUNCIL TOO LS CUTT~RS RDG E C\V NEILSEN DARLliY &. CO DAVID CLARK lANTANKS DB SMITH IND D1CKF.TOOL . - JlNEF.RED DRAEGER l!NG SOLUTIONS D.KEXEL DUOSAPJ.ffY EDISON 1>CROMWELL F.DWARDSAN G EDWAIUJSMF RLKHARTBRA ss CY ETIEMJ::.RGRN TECHNOWGY .EXTENDA LIT E(AKRON) FEDERAL SIGN AL CORP flRRHOOKSU NLlMlTET) FIRE.DEX FIREPOW ER l1'1REQUTP FLAMbflGHTE R - TTB Numbt:r: 17-0606 I --1-------- - - - --'------ - 26 SECTION 5-ATTACHMENTS 1TB Nwnbcr: 17-0606 -FOWAl'ANK --· GEMTOR GLASSMASTER WEHR GLOBE J/J-'1~ s f-----GLOVF. CORP GORMAN RUPP PUMPS HALE FIR£ PUMJ'S -··· -HANNAY REELS HARRINGTON lTJ\7..ARD CONTROL -- HE131HlT -HOLMATRO HONEYWHI.I. PRO HUMAT HUSKY HYDRA SlllEUJ --lMPERIAL HOSE lOWAAMERTCAN JANESVILIB --· JUSH<ITF. .TVMFG KAPPLER KENDAU. PRODUCTS KOCHEK KOlillLllil MFG CO ---KUSSMAUL ------LACROSSE BOOTS -- LIFE LlNliRS iS' '1e-s -./ I.IONS UNIFORMS 21 SECTION 5 -ATTACHMENTS LOUISPRYH R LOWjjl,I. MAG INSTR UMHN'l'S MANN.AXE MARS SlGN AL LIGIIT MCPRODU CTS ASH) rum~ MORA"! (FL MORNINGP MSA IRCLED) - NATAW(C NORTH AME · RI CAN FIRFl HOSE NOVA NUPLA PACIFIC RB FLEX PARATOCH PARTNER PAUL CON~ PELICAN WAY SHIELDS PETZL PGIPR OTEX ALL PHOENIX PlliRCE PIOEONMO INOUSTR.lli PLANO UNTAIN s R&.B FABRI CATORS BRR RANOER RUB RA\VTIIDEF IREHOSE RASS REDHEADS REFLHXITR - 1TB Number: 17-0606 - 10 /.,ti! s .) ID llO - - 28 SECTION 5-ATT ACHMENTS 1TH Numb&: 17-0606 RYCE HYDRO CO -SCJ3AS SCOTT AVIATION - SEClJRTTEX SilNS.iliLE MOUNTS - SERVUS BOUTS --SHF.LBYWOLVERL."IIE /0 '1 ~ s SN Al''l'JTE SNORKEL SOUTH PARK -SIGNAL VEHlCLli PRODUCTS CLASS ONE (SPAN INSTRUMUNT~) SPUMll'liR STERLING ROPll --SUl'F.RVAC TNTTOOLS TASK FORCE TJPS - THOROGOOD BOOTS- SUP.i!R!OR PNEUMATIC TASKMAST8R """;fEAM EQUIPMENT -TELE.LITE TEMPEST l'ANS TOMAR -TOPPS TURTL13 PLASTICS --UNVERWA TER KINETICS UNITY LIGHTS -VANNER 29 SECTION 5 -ATTACHMENTS JTB Number: 17-0606 VliRIDIAN VERTIC -· V~Tl'HR WATEROUS WELDON --. W l IBJ.,F,N ENGINEERING WILLBURT WlNCO OF.NF.RA TORS WJNDSOL -WILLIAMS FOAM - WORDEN ZEPHYR ZI MATIC ZlCO OTHEJ,t BRANDS NOT LIST.ED: Is lobe f ()otw t.A. r ~?D '1/l. s >----::I 6 lobq__ etv1 :S ID 110 - C:r Jobe Ca.,r11s lfJ-no -- Bla.cJ<.. D; (.I. h'I oAcl /0 ~es £S'S 10 11 e S --:-,J f/r~t:..Ya.f t JO 'j e. s Ho11e _1 we,ll HooJ~ JO t...\ e. s JD J f/011 e-y we.. I I ~JDt/e~ ~ e> - Ctt,r1' ~M-SA He-lMt .i~ 30 \.-{ e. s - Ca,r11 s M5A Pa.rtS ... ID Lit! .S ,j ~ JO -IJ/ohe lift:line,LLC Limited Warranty for Globe Lifeline Protective Clothing Globe Lifeline, LLC warrants its protective clothing to be free from defects in mate ria ls and workmanship for a period of three (3) years from the date of purchase when properly used and cared for. Our obligation under this warranty shall be limited to the repair or replacement , w ithout charge, of any product which is returned to Globe at buyer's expense and is determined by us to be defective in materials or workmanship, but is othetwise serviceable. This warranty shall not be effective unless the products are used for the purpose for whic h they were designed and are used by trained personnel following proper emergency medical, rescue or recovery procedures and in accordance with the product's warning , use , inspection, maintenance, care, storage, and retirement instructions. Failure to prope rly care for the garment will lead to a shortening of the serviceable life. ~serviceable" refers to the general condfUon of the garment which can be expected to provide at least reasonable limited protection against the hazards from which the garment was designed to protect. "Serviceable Ufe" is the period of time protective clothing, which has been properly cared for, can be expected to provide reasonable lim ited protection . "Defects in Materials " refers to weak areas or other flaws caused by irregularities in their manufacture . "Defects in Workm anship'' refers to improperly manufactured seams , stitching , or other construction methods . This warranty does not cover wear and tear nor damage from fire, heat, chemicals, misuse, accident or negligence . THIS WARRANTY IS EXPRESSLY IN LI EU OF A LL OTHER WARRANTIES, EXPRESS OR IMPLIED , INCLUDING IMPLIED WARRANTIES OF ME RCHANTABILITY AND F ITNESS FOR A PARTICULAR PUR PO SE. The remedy of repai r or replacement for b rea ch of th is w arra nty shall be the sole and exclusive remedy and Globe Lifeline, LLC sha H not under any c ircumstances be liable for incidental or consequentia l damages . 4/09 31 Loudon Ro<1d. Pittsfield Nl·J 032 63 a-1: 80 0 -232-8323 6CKl -43!i-8323 ,Lt,X.' 80()-112-6388 G0:~-43!;-KrnB www.gfnbefire!lui rs.com 611JIJB Hronylltr:r Sujt,; • 8Jabe Catros II Glalm Uf elin~ • BlalJe fD1Jllloar • Ulolm CAIUS 0/obe footwear, LLC Limited Warranty for Globa Foo/Gear Protective lootwaar Globe Footwear, LLC warrants its protective footwear to be free from defects in materials and workmanship for a period of one {1) year f rom the date of purchase when properly used and cared for. Our obligation under this warranty shall be limited to the repair or replacement, without charge, of any product which is returned to Globe at buyer's expense and is determined by us to be defective in materrals or workmansh ip, but is otherwise serviceable. This warranty shall not be effective unless the products are used for the purpose for which they were designed and are used by trained personnel follow ing proper procedures and in accordance with the product's warning, use, inspection , maintenance, care, storage, and retirement instructions. Failure to properly care for the footwear will lead to a shortening of the serv iceable life. "Serviceable" refers to the general conditio n of the footwear which can be expected to provide at least reasonab le limited protection against the hazards from which the footwear was designed to protect. "Serviceable life" is the period of time protective footwear, which has been properly cared for, can be expected to provide reasonable limited protection. ''Defects in Materials~ refers to weak areas or other flaws caused by irregularities in thei r manufacture. "Defects in Workmanship" refers to improperly manufactured seams, stitching, or other construction methods This warranty does not cover wear and tear nor damage from fire, hea t, chemicals, misuse, accident or negligence. THIS WARRANTY IS EXPRESSLY lN LIEU OF ALL OTH ER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The remedy of repair or replacement for breach of this warranty shall be the sole and exclusive remedy and Globe Footwear , LLC s hall not under any circumstances be liable for incidental or consequential damages. 4 /09 ... ................... ___ . ~a Cairns Lifetime Warranty and Terms of Sale 1. Express WiJrranty-Cairns products and/or com- ponents furnished under this order carry a Lifetime Warranty against material defects and/or faulty workmanship, with the exception of the helmet shell 1 which carries a 5-year shell replacement warranty. Cairns/MSA shall be released from all obligations under this warranty in the event repairs or modificat ions a re made by persons other th,m its own or authorized service personnel or if the warranty claim results from abuse, misuse, or normal wear and tear of the product. No agent, employee or representative of Cc1irns/MSA may bind Ca irns/MSA to any affir- :1. Exclusive Remedy-It is expressly agreed that the Purchaser's sole and exclusive remedy for breach of the above warranty, for any tortious conduct of Cairns/MSA, orfor any other cause of action, shall be the rep.air and/or replacement, at Cairns/MSA's option, of any equipment or parts thereof, that after examination by Cairns/MSA 3. Exclusion of Consequential Damages- Purchaser specifically understands and agrees that und er no circumstances will Cairns/MSA be liable to Purchaser for economic, specia l, indicen- tal, or consequential damages or losses of any kind whatsoever, including but not limited to, mation, representation or mod ification of the warrc1nty concerning the goods sold under this contract. Ca ims/MSA ma kes no warranty con- cerning components or accessories not manufac- tured by Cai rns/MSA, but will pass on to the Purchaser all warranties of manufacturers of such components. THIS WARRANTY 15 IN UfU OF All OTl-tfR WAfUl'ANTJES, EXPRESS, IMPUED OR STATUTO- RY, AND 15 STRICTLY llMJTED TO THE TEflMS HfREOF: MSA 5P!CIFICAHY DJ5ClA{MS ANY WARffANTY OF MfRCHANTAlJIUTY DR OF FJTNES5 FOR A PAI{TICUlAR PUflPOSf:. are proven to be defective. Replacement equip~ ment and/or parts will be provided at no cost to the Purchaser, F.O.B . Purchaser's named place of destination. Failure of Ca irns/MSA to s ucce ssful - ly repair any nonconforming product shall not ca use the remedy established hereby to fa ii of its essential purpose. loss of anticipated profits and any other loss ca used by rec1son of the non -operation of the goods. This exclusion is applicable to claims for breach of warranty, tortious conduct or any other cause of action against Cai rns/MSA . Nole; 111;,, ~.,:>!Jin ,o•:a1ns.::nl:o ~~nera! dc5rn;:s·,.,, <11 I hr u11,-Ju,ts st .cwn. Wilde UI>\'~ ,,nrl I'"' r.,,,.,,11,e L~Oa ,11,t,~s ar~ ~('1,.-,-L....:I, urdt<( ~a a:1r·a:t.-'11sta,1 ccs, 'J hi,.11 ~h~ !i,,m\1c.~, C<iqx,1•t. Hndq1.<1rtt~ Offices and represe ntali\les wmldwlde be used t>; untrni ., .. ,; '" 1u111u~Ji:illd i'1d111dua l~ ~"~ ,,.,1 u11I ii llni pro~uct i,,~t••·<.ti:> .. , i•1LIWLllnii arr,· warr, n~ ;,.v ,u ulil>'I'• JJf1)!ilhJP.LI ':1.J..:l ~en tho'(l\l!Jhl_y orarl ,, rd a ~dc!'Sto~d. Only ~'•ey rn, ,1,,,,. ; ;,ol com ~let~ ;mci d~t;, .-.:d f';.;,t :r.k;rrr.at1011 r('l•'C'1"'1r,ln~ .r.-:-~.::', J;'llp~r u ;c and c-,>r(' \tf :f ':.'~; I hP.~! prcdi;:::S. •· :;_;,. ID ;;600-09-M C I J.an 2005 tJ MSl , w:,; rr1 r.1~~ "'11.~.A. ~-------• ·-trtN r.c . ~J,C ~::E-, i';t1<ibi1rr.~1 ... A "~o!:JU Li~A t<.11 r1J1 I In:.• if1fut·114 ror: ~'lt'..,r. -11' 5{.J JrJUU www.MSA~i,~.t41l'1'1 :U.S. C~s\ol!'ler ~Niro O!ntor ;ah,..nr , At1.:.i M~ra lll.: l,ox 1·Buu-r1f7·01'l~ tihmti !iuu·.l61·~5n r .,. ~.:r,-11~--115' MSAMr.Kli:o ~t<11 t, \L••j~ l I ll ~1X' r,... ~ ... ~., H 59-.113n M~~ Into motiMal f\i:,rie 41•·'167· H!4 r~ 41~-g117.31s• ,,-., EL t:11 -------·----.1PtlJl:S:R ~ -----------------IOll"I olC 7'illlli lllllbcKJ&10 ,...., n ., --------------·-- : t ~r:::~Dt::_:;2.2.::.::~:~:;;::~~--·~:~1~~:,;,s;:~;~:::.·.L~.-,.·;.;;;y;;;J;;;:2t:2:~~:::..;:.;.,;.zzz~:;:::~~~~·:.,~::.:.-.: .. · .. ;;(~;~~~-:;::;,::·~;:_-_··:·~;,·:>;.:.-;,:_,;.;,_~:<.:;~;_·:-c--·::· . .-.-... ·_-.,:.:··.··,:.:;.· .-... ;,:·.·:1;~\ :,.,. :1:b pt~\ :~~~! !II 1 t-rn ~ ~ I I • n 10-Vear Warranty and Terms of Sale 1. 'fhe f:lrect i11e D,1tcof this HHear Warr aoty fo, Cairn.s" Fi re He/ mets.is Jarwary l, 1015. All Cairns Fire Hel mats mam.rractured on o, ;ifter J,muary t, 2015, sh;ill be covered by the t~rms ,~sued under this warra.nty. This warranty supercedei ~ny ptlntcd or electronic warr,111ties. ptovldcd with a Cairns Fire Helmet which wa'.i ma:nurac.tured on or after January 1, 2015. i~:~ 2, All Cai ms fire Helmets m,uHJ f,KI ured before January l, 201.'), shil Ii Ile covered by the term~ issued under the previous Watranty. l:~ ii ~~ 3, Eicpr1!!5.ll W11rranly-Mir1e Safety Appliances Comp~r1y, LLC (MSA) warrants MSA C~irns Firo llelmets manufactu red on or after Jammy 1, 2015, to be fr~ from dtlfccts in materials and/ut faulty workmanship for a µ~riod af ten { 10) yea rs from tht-dab! or ma nufac tll re by MSA. ·r his warr;i nty applies to ~II original assembled com pcrnP.nts of the fire h!!'I met i11<l udl rt~: sh ell; impact cap ass.embly; i1Jspcnsion; r~rorefledi ve trim; ~ar l.lps; and faceshield or goggle. 4, Release of Obligatiom---MSA ~hall be released from ;ill obi lgations under this warsanty in the ~ent that r~pa irs or mod ifo::at Ion~ .ire made by person> other than its own ot ~1Jthorized serYice per:io-nne!, or lfthcwarrarity claim re\ults from accident. alteration, rnlsui,,e, CH ;ib1.1se. MSAmakes no w;irrcl.l'lty concemlng replacement compi,nel'lts {I.(!., one that was riot part of lh e original as sembly) or non -ceftined accessories, bl.It will pass on to the Purchaser a II warranties of m,n1ufai:tu~rs of such compon~nts. This wa r,anty is in lieu of a II uth erw.irranrlcs, express, implied or stat11tmy, and is strictly Ii mitec.1 to the term~ hereof; MSA. specifically dis.dairns an~ warranty of merchantability or offilnes.s for a particular purpose. ;~~ ~:1~1 !~~;. ~~.~l !~.-/!. 5,, Exclusive Rem1dy-lt iH1ic1HP..ssly agreed that the r•urdl<lSP.r'i. sole and exclusive remed)' for hrc.1 ch of the above warranty, for any to rt ious conduct :,, 11 . of MSI\, or for ,my other cause of action, stl.ill be the repair and/or n!pla,(~mc1\t, ;it MSl\'s option, of ~I'\)' equipment or parts thereof, th.it aftl'.'r e~lmin.iti on by MS/\ are proven to bCl d efcctiYe. Replacement eq1.1ipmc11t and/or parts will be prooJld od at no cost to the l'ur(haser, F ,0 .8. Oe~tination, Freight Prepaid. to tht> Purchaser's named de:itinatlor\, F.iilu re of MSA to sum:'SSfully rr.pair any nonconforming pmch,r.t shall not cause the rl!'rnt!d;' established hereby to fail ofits esiential pur1>0S(l. 6 , bclusion of Aue.&Sories-Ar;r;e~sorie s are not a part of the certified product but <:ould bn attached to-the Cl!'rtifiec.l product by a means not engim:ered, manufot tllred, or authorized byth~ rn.i m1f;ictu rcr. MS/\ Cairns. Hel rn~t Aw.is.\ories made ava i!abll!' fur purc.h.isc by MSA are eJtcludt-d ftom this warr;inty. MSA Caims Helmet Accmorlt>s include are but not limited ta; front -piec.e holders., front-1>lt>r;as, front-piece brackets, ;incl Raurkcs. 7, Exclusion ofCons~quentlal Do1m11ge1 ·Purchasl!'rspeclflc,1llyund~rstandsand agrees thilt under no circumst;im:es Will MSA be liable to f>u rchas1.1r for ~conomic, spec:ial, in dlcent,11, or consequentia I <I am;ig os or losses of any kin ti whatsoever, including but not lhnlted to, loss ofanticipated pro Hts ,md any other I oss caused t>y reason of tl'1e no n-operarion of the goods. Th is e:,.<tusion is applicable to cl airns for l>re.i(h of warranty. tortiotrs con duct or any othef (ouse of Jc:tion .aga ins.t MSA. This wa,nnty i.s in lieu Qf .-II oihe-r warrantiei;., axpreued, lmpUed, or statutory i ndud tng, but not limited to, any implied warr~nty r:if me-rchaRtabiUty or fltneH for a particular p11rp11$e, In addltton, M5A axpnmiy di1clalms any liab Hity for economic, special, incll(ental, or conHiq 1.nmtial damag~s in s ny way conn~(ted w Ith me sah~ or U.li e of MSA products, ind uding. but not limited tu, IO$$ of antlcipatl!'d profits. 8, MSA rcserves the right to ,~lew .ir1d upd ate the \Varranly terrns, as needed, to comply with applir.1blc laws or Stan dards. Nl54 · )hd1f,,ly Camp~ny Mil Canufa 1000 Cu rbeu·; \Ve~ ll•h.l' lt.t1•.< l-!a0~72-21U C111111b..-()' To.w'.'51-.ip. Pli 1 rr~r.. f ar 1-~0 'ir,7 II ~ !!'Iona /J4 1/b·O~ MS~ Mnl(G '>"• ~~E-~~~-~;;:~ b!,~~#;~, W ' ,~~' ID 3fi0D·7:I.-MC ( Febr~ilry 2015 Tell.free 1 ·8:>H7"7 m 7ihe S,.rfet:y Comp an u ~; il : !~-ii nM,~2DU l'rlnWdhUJ.S..... ~.. JU /0·1>~3 ,. 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IMPORTANT; If thi. c&rHflcate holder i s ~n M>tllTIONAl INSURED, lhB pol ltyjl&s) must b e endnrsitcl. lf SUBROGATION IS WA lV EO , subjoct to the torms and cm1dlllc1u of the policy, certain a:,ollclH mav requiri, lllt1 ~r,dorsement. A slatitmflr,t lln lltls certlflcate does rml confgr rights to tho certHlca!e holdP.-r in lii.u cf ~uch endorsemen!js;}. PRODIJCIS!l. NAMt"' Beth Hi II TBMB! .(f) ...... .. · 1 FAX ...... ... PIIONE 000 P.O. Bo>t 61189 lAIG, ~ .. ~~~: 251-4 7J-9 .... .. -(AIC. No):_. 251,4 73~~-01 0 Mohiffl, AL :!666D F-{>U.IL AD~E'SS: Beth HIil • .. ... .. . r .... INSURl1~~11'FFURD'.N~_COVERIIGE MAIC11 . ... ........ .. . ···-1NsuRE-R.o.;Arch ln!'!-.\.!ram:8 Co. . .... . ... .... rNSURED Bennett Fire Pr'oducts Co., Inc 1N s uRE~.e ; The H.i.rtfo t'd ir, su ra nc~. ~re up '22357 PO Bax2458 ... ... Woodt.txH:k, GA 30188 INSURcR_ ~.; ..... ..... ... : .. INSL!~.§RD : .... .... . .... ···- l~~~RER E : ... ···-... i INSIJReR ~: COVERAGES CERTIFICATE NUMBER: RE;V1SION NUMBER· -rnfS IS TO CERTIFY TH.G.T TH E ~OLICll:S Of INSURANCE; LISTEO BELOW H,11.VE BEEN ISSUED iO 1HE INSURED NA.MED ABOVf: l"CR TH£ POLICY PERCOD !NOICAiED. N01Wllr1STAND1NG AN'( REQUIREMENT, TER~ OR CONDITION OF ANY COITTRACT OR OTHER DOCUMEITT WITH RE3Pi:CT TO ViJl-flCK 11-US CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE ll'fSURANCE AFFORDi=b BY THE P<XICIES DESCRlllrD liEREIN IS SUBJECT TO Al l "fHE TERMS, EXGLUSlONS AND CONOI rl ONS OF SUCH POLICIES . LI r.1 llS SHOWN MAY HAVE BEEN Rl:'.OUCED BY PAID CLA1MS. 1t.1: ...... T"(Pl;CllrlNSURAl'fCE:°.. 1i:i..D~ ~ ... ti .. ~~L1cvNuMs·~-~ IMMTo'6~ ~~~~CT1""!71r""r---.... {·,;-IT-!1-----.... A AUTOIIIOBILE Ltl\B',lllY ,.... . ~C':'C:CU.ED i ,CJ,_;::,;; 1.o: .. ow11t-:.i ~JJT0:3 UMBRELL" ~11\B . I c<:,~1.R l:XCESS llM! I ::1.>. M~-1/.Pt-t MFGL06(}n111 <:Ct.fl!~;) t·, :;<jl.~. 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(l'Mltll~ry lri NH) .:' .L. 81SE'A~E -~'.7· t \ll'I : >i ,T f ~~Rw~,'bl~t~t r'l:.HAII CN~ 1,,,~."· 1: ~-::,,~t:AJ::I:.., ·:,-_1n 1.,1,. : ~ 8 i I OESCRJPTIOlt Of tll'ERA TlONS / LOCATIONS f VlaHIC:Uill (ACO!ro 1 D1. 11.ddnlonal R•m•l1cs Scb td1.te. 111"1" ltl lllBCtled If fflQII f.jl:ICD is ~11.u it~dl Lake County Is named as additional Insured with respect to general liability, pe-r thl! attached form 00 OL0596 00 04 10 ifre(!uired by written cont.met CERTIFICATE HOLDER CANCELLATION LAl<E004 100,000 1oa)ioo 500:000 Lake county, a political suo - dlvision of thil State ot FL & llttOULO ANY OF THI! Al!O\IE OESC:lo!:181::D POLICle:8 i!IE CANCELlf;O BEFORI! UIE: l:XPIRATION OATE T~j;:liE'.OF, NOTICI! WILL B'E: DELIVERED IN ACCOFlDANCE VdllH THE PO\.IC Y 1'~01/lSIONS. The Board of Co. Comm i ssioners P.O. Box 7800 . avares FL 32 -BOO IJJT~RIZEEJ RE:PR~&El'tl'A'I IVt ~~~ © 1988-2014 ACORC CORFORATION. All rights reserved. ACORD 2S (2014/01} The ACORD namo and logo atil raglete r ed marks of ACORC EXH IBIT "B" City of Palm Beach Gardens Agreement No. A2018-140FR Purchase of Bunker Gear for Fire Rescue Department E Quotation Bennett Fire Products Co., Inc. October 3, 2017 Division Chief Donald K. Minor, Jr. Palm Beach Gardens Fire Rescue 10500 Military Trail Palm Beach Gardens, FL 33410 www.BennettFlreProducts.com Discount in reference to Lake County, FL Contract 17-0606, expires June 30, 2018, 42% from manufacturer 's current list price for Globe Firefighter 's Suits Globe Firefighter 's Suits Gxtreme 3. 0 Design and IH Ready Price Lists dated March 1, 2017 are in effect at time of quotation. Contract information may be found at www.l akecountyfl .gov. Th ese prices are valid until Janu ary 30, 20 18. Globe G-Xtreme 3.0 jackets per Palm Beach Gardens Fire Department custom specifications List Price -$2,372.65 each Lake County Discount -42% -$1,376.14 each Palm Beach Gardens' Price with quantity discount -$1,257.00 each 35 @ $1,257.00 = $43,995.00 Globe IH (internal harness) Ready trousers with carabiner and suspenders per Palm Beach Gardens Fire Department custom specifications List Price -$2,456 .05 each Lake County Discount -42% -$1,424.51 each Palm Beach Gardens ' Price with quantity discoun -$1,277.00 each 35 @ $1 ,2 77.00 = $44,695.00 Total -$88,690.00 Thanks for giving me the opportunity to serve you! Delivery: Globe G-Xtreme -50-60 days after receipt of order Terms: net 30 days FOB Palm Beach Gardens, FL Danny Bennett Cell 770/ 402-9910 bennettfire@att.net Instructions for downloading Lake County/Bennett Fire Products Company contract information: Visit the website www.lakecountyfl.gov. 1. View the left hand colwnn, click on "Doing Business with Lake County". 2. View the left hand column, click on "View Tenn and Supplier Agreements". 3. Under the Search for Contracts space, type Bennett Fire 4. Contract 17-0606 will appear and the full contract or parts can be downloaded. If you have trouble finding the information you need regarding this contract, or if you need additional information, please contact Danny Bennett at bennettfire@att.net or 770/402-9910. • 0. PALM BEACH C~F~S 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: Purchase of Boom Truck DATE ADVERTISED: Not applicable WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: 501.3020.539.6410 CONTRACT TERM: Upon Delivery OPTIONS TO RENEW: N/A VENDOR(S): ALTEC INDUSTRIES, INC. CONTRACT NO.: A2018-136PS DEPARTMENT: Parks and Public Facilities BIDS/PROPOSALS DUE DATE: Not applicable RESPONSES RECEIVED: Not applicable ANNUAL CONTRACT VALUES: Year One: I $153,515 TOTAL CONTRACT VALUE: I s1s3,s1s One Hundred Fifty-Three Thousand Five Hundred Fifteen Dollars BACKGROUND: The City's Public Services Department owns a boom truck that is 14 years old. The boom truck is regularly used to perform maintenance work that is at a great height and requires certain safety certifications and must meet certain operational standards. The vehicle had several mechanical issues and broke down. It required several thousand dollars' worth of repairs to certify the equipment and make it operational. The Public Services Department determined that it would be more economical to purchase a new boom truck and sell the current one at auction. COMMENTS: This Agreement accesses the National Joint Powers Alliance (NJPA) group purchasing cooperative's contract with Altec Industries for commercial vehicles. The City is a member of NJPA and that membership allows access to competitively- solicited contracts, and enjoy the cost savings from administrative efficiencies and volume-discounted pricing. Altec Industries is a nationally recognized manufacturer of boom/articulating trucks and has a local office close to the City where any warranty work ca n be perfo r med. Originator Joe Corrao Department Head David Reyes Purchasing Km! Ra Finance Allan Owens ~ROVED D NOT APPROVED CnYMANA~E~~ 0 DEFERRED DATE , r 7 • .. 9~ CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Bea ch Ga rdens, F L 33410 AGREEMENT FOR PURCHASE OF BOOM TRUCK (ACCESS OTHER CONTRACT) AGREEMENT NO. A2018-136PS THIS AGREEMENT ("Agreement") is made and entered into th is __ 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 Altec Industries, Inc., an Alabama corporation (hereinafter referred to as the "Contractor"), with its principal office at 210 Inverness Center Drive , Birmingham , Alabama 35242 , and a local office at 2570 Old Okeechobee Road , West Palm Beach , Florida 33409 . WHEREAS, Section 2-294 , Code of Ordinances permits the City to access a contract awarded to another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the National Joint Powers Alliance ("NJPA") purchasing cooperative awarded a competitively solicited Contract No . 031014-AL T (the "Contract"), for Public Utility Equipment with Related Accessories and Supplies , attached hereto and incorporated herein as Exhibit "A "; and WHEREAS , the Contract's current term is through April 10, 2019 ; and WHEREAS , the City desires to access th is Contract and purchase an Altec Model LR7 -58 boom truck , as described herein, under the existing terms and conditions . NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth , the Contractor and the City agree as follows: Page 11 of 8 ARTICLE 1. DESCRIPTION OF GOODS. City of Palm Beach Gardens Agreement No. A2018-136PS Purchase of Boom Truck The Contractor shall supply and deliver to the City's Public Services Department the Altec boom truck described in the Contractor's Proposal, attached hereto and incorporated herein as Exhibit "B". The equipment and related items shall be delivered no later than 300 days after the Contractor receives a duly executed Purchase Order from the City. ARTICLE 2. PAYMENT. The City shall pay the Contractor upon delivery, receipt, and acceptance of the boom truck by the Public Services Department. The City shall pay the Contractor the amount of One Hundred Fifty-Three Thousand Five Hundred Fifteen Dollars ($153,515) for the supply and delivery of the boom truck, complete with all related accessories. 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 from the effective date until the Contractor has delivered the boom truck to the City, and the Public Services Department has inspected and accepted the equipment. ARTICLE 4. TERMINATION. This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon 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 goods delivered and accepted by the City through the date of termination in accordance with the terms of this Agreement. 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, Page 12 of 8 City of Palm Beach Gardens Agreement No. A2018-136PS Purchase of Boom Truck suits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the negligent acts or omissions, willful misconduct, or breach 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. 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, 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 Altec Industries, Inc. 210 Inverness Center Drive Birmingham, Alabama 35242 Attn: Jenny Carlson Email: jenny .carlson@altec.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. 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. Page 13 of 8 City of Palm Beach Gardens Agreement No. A2018-136PS Purchase of Boom Truck 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. 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. Page 14 of 8 ARTICLE 7. ACCESS AND AUDIT OF RECORDS. City of Palm Beach Gardens Agreement No. A2018-136PS Purchase of Boom Truck 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 (10) 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 8. 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 9. 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 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. Page 15 of 8 City of Palm Beach Gardens Agreement No. A2018-136PS Purchase of Boom Truck 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 10. 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 building code 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 11 . 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: 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. The excuse of performance is of no greater scope and of no longer duration than is required by the force majeure. 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 . The non-performing party uses its best efforts to remedy its inability to perform. Page 16 of 8 City of Palm Beach Gardens Agreement No. A2018-136PS Purchase of Boom Truck 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 12 . OTHER FORMS OR DOCUMENTS. The City understands that it may be required by the Contractor to complete and execute other forms or documents in relation to this Agreement. However, 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) Page 17 of 8 City of Palm Beach Gardens Agreement No. A2018-136PS Purchase of Boom Truck IN WITNESS WHEREOF, the parties have executed this Agreement on the effective date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA By: ________________ _ Maria G. Marino, Mayor ATTEST: By: ____________ _ Patricia Snider, CMC, City Clerk AL TEC INDUSTRIES, INC. By: ________________ _ WITNESSES: By: ____________ _ Print Name: ·---------- By: ____________ _ Print Name: ---------- Erick Wray, Manager Technical Sales Support G:\attomey_share\AGREEMENTS\2017\Altec lndustries-A2018-136PS-Agmt-Purchase of Boom Truck.docx Page 18 of 8 EXHIBIT "A" City of Palm Beach Gardens Agreement No. A2018-136PS Purchase of Boom Truck Letter of Agreement to Extend the Contract Between Altec Industries, Inc. (Vendor) 33 Inverness Center Parkway, Suite 110 Birmingham, AL 35242 and National Joint Powers Alliance® (NJPA) 202 t2th Street NE Staples, MN 56479 Phone: (218) 894-1930 The Vendor and NJPA have entered into an Agreement (Contract #031014-AL T) for the procurement of Public Utility Equipment with Related Accessories and Supplies. This Agreement has an expiration date of April 10, 2018, but the parties may extend the Agreement for one additional year by mutual consent. The parties acknowledge that extending the Agreement for another year benefits the Vendor, NJPA and NJPA's Members. The Vendor and NJPA therefore agree to extend the Agreement listed above for a fifth year. This existing Agreement will terminate on April 10, 2019. All other terms and conditions of the Agreement remain in force. Naffonal Joln~nce® (NJPA) By.~ Con~ Procure ent/CPO , Its: Director of Cooperative Name printed or typed: _Je._re_m=-y_..Sc_..h .... w._a..,rtz....._ ________________ _ Date L/~2/-/? Altec Industries, Inc. Riley J Brown~E=E;;,== ... By: ·. "'1.Mall:C&W .... , Its: Contract Speclallsl Name printed or typed: _Rl __ wt __ Brown __ •------------------ Date 4-20-2017 EXHIBIT "B" City of Palm Beach Gardens Agreement No. A2018-136PS Purchase of Boom Truck Quote Number: 356758 -2 Altec, Inc. September 27, 2017 Our 88th Year Ship To: Bill To: CITY OF PALM BEACH GARDENS (FL) 3704 BURNS RD CITY OF PALM BEACH GARDENS (FL) 10500 N MILITARY TRAIL PALM BEACH GARDENS, FL 33410 us PALM BEACH GARDENS, FL 33410 United States Attn: Phone: Email: Altec Quotation Number: 356758 -2 Jenny Carlson Keith Clement Account Manager: Technical Sales & Support: 1. Description Unit AL TEC Model LR7-58 Articulating Overcenter Aerial Device with an insulating lower boom, insulating upper boom and the Altec ISO-Grip insulating system at the boom tip installed behind the cab to include the following features: A. Ground to Bottom of Platform Height: 58.3 feet (17.8 meters). B. Working Height: 63.3 feet (19.3meters). C. Maximum reach to edge of platform with Upper Boom Non-overcenter (working position): 43.6 feet (13.3 meters) at platform he ight of 27.0 feet (8.2 meters) D. Maximum reach to edge of platform with Upper Boom Overcenter: 46.4 feet (14.2 meters) at platform height of 9.8 feet (3.0 meters) E. Continuous rotation. F. Lower Boom Articulation: 0 to 125 degrees. G. Lower Boom Insulator provides 15 inches (38.1 centimeters) of isolation. H. Upper Boom Articulation: 0 to 270 degrees. I. Platform capacity: 400 lbs ( 181.44 kilograms) J. Platform leveling: achieved by a single leveling chain and 3/4" fiberglass rods in the upper and lower booms. This lifetime system is very low maintenance. K. Hydraulic system: Open center (full pressure), maximum flow of 6.0 to 6.5 gpm (22.7 to 24.6 lpm), maximum operating pressure of 3,000 psi. L. Side-by-Side Boom Stow offers low travel height and easy platform access. M. Ma intenance Free Elbow: nitrided to prevent rust, increase hardness and eliminates the need for grease at the elbow. N. Small Boom Tip Profile. 0. Altec Patented walking link system features uniform speed, smooth and continuous articulation and low maintenance operation. P. Unit is painted with a powder coat paint process which provides a finish-painted surface that is highly resistant to chipping, scratching, abrasion and corrosion. Paint is electrostatically applied to the inside as well as outside of fabricated parts then high temperature cured prior to assembly ensuring maximum coverage and protection. Q. Unit meets or exceeds ANSI 92.2 standards. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 1 Page 1 of 7 2. 3. 4. 5. 6. Altec, Inc. Description Manual Upper Boom Stow Securing System with support cradle and tie down strap. Pedestal Reservoir, 30 Gallon Sight Gauge for Hydraulic Reservoir, Remote Mounted Single, One (1) Man, Fiberglass Platform; fixed side mounted. 24 x 24 x 39 inches. Altec Patented ISO-Grip Insulating, Proportional Speed, Upper Control Handle -with safety interlock and interlock guard. Located on the side of the platform nearest the upper boom, mounted on the shaft. Forward/back operates lower boom down/up, tiller operates rotation CW/CCW, and up/down operates upper boom up/down. 1 1 1 1 1 7. One (1) Platform Step -located on the side of the platform nearest the elbow in the 1 stowed position 8. Platform Cover-Soft vinyl 24 x 24 inch (610 x 610 mm) 1 9. Platform Liner, 24 x 24 x 39 inches (610 x 610 x 991 mm), 50 kV Rating 1 10. Platform Floor Liner (Scuff Pad), 24 x 24 inches (610 x 610 mm) 1 11. Hydraulic Tool Circuit at Platform: Two (2) sets of tool couplers for open center tools, 1 located on the side of the platform nearest the elbow in the stowed position. 12. Tool Circuit System Relief Pressure to be set to 2250 PSI 1 13. Secondary Stowage System: 12 VDC powered motor and pump assembly for temporary 1 operation of the unit in a situation wherein the primary hydraulic source fails. Electric motor is powered by the chassis battery. Control is operated with an air plunger at the platform and a momentary switch located at the lower controls and the outrigger controls. This feature allows the operator to completely stow the booms, platform, and outriggers. 14. Slip Ring: Required for engine start/stop, secondary stowage system, and throttle control 1 options 15. Primary A-Frame Outriggers with 5-degree swivel shoe. For installation on a 36 to 40 1 inch chassis frame height. 16. . 17. A. Maximum Spread: 140 inches to the outer edge of shoes B. Ground Penetration: 7 to 11 inches depending on chassis frame height C. Outrigger/Unit Selector Valve D. Outrigger Control Valves: located on the outrigger legs E. Outrigger Motion Alarms F. Outrigger Interlocks: will not allow the unit to be operated until the outriggers have been at least partially deployed Hydraulic Outrigger Control Valves Insulating Aerial Device, ANSI Category C, 46kV and Below We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 1 1 Page 2 of 7 Altec, Inc. Item Description ~ 18. Fall Protection System to include one body harness and decelerating type lanyard. 1 Harness has adjustable slide buckle on shoulder straps, Velcro chest strap, interlocking buckles on leg straps and nylon web loop fall arrest attachment on back. Lanyard has built in shock absorber that allows 28 inches (711 mm) of automatic adjustability 19. Bolt On Grab Handle for Turntable 1 20. Altec Aerial Device Powder Painted White 1 Unit & Hydraulic Acc. 21. HVl-22 Hydraulic Oil (Standard). 35 22. Standard Pump For PTO 1 23. Hot shift PTO for automatic transmission 1 24. Standard PTO/Transmission Functionality for Automatic Transmissions -1 If chassis is in gear, and PTO switch is activated, PTO will not engage . Chassis will remain in gear. Once the chassis is shifted back into gear the PTO will disengage. For some truck configurations the PTO switch must be turned off to allow the transmission to shift into gear. 25. Additional Sold Stock And Global Option 970183850-Platform Floor Liner (Scuff Pad), 1 24" x 24", With Step 26. Additional Sold Stock And Global Option 9701281 OB-Remote Engine Start/Stop With 1 Secondary Stowage System, Captive Air 27. Additional Sold Stock And Global Option 970330423-Wet Paint Topcoat Over Powder 1 On Unit Altec White Body 28. Altec Chip Dump Body 14.5 cubic yard capacity, 96 inches wide x 60 inches high x 132 1 inches long (2438 x 1524 x 3353 mm) with ladder box on curb side of body and single piece tailgate A. Structural Channel stringers and floor channel. B. 12 gauge minimum floor plate. C. 14 gauge minimum sides and front with full length die-formed reinforcing ribs. D. 14 gauge roof. E. Rear top and sides of body reinforced for lower boom support. F. 26-1/2 inches (673 mm) high tailgate, hinged curb side with provision to hold open for dumping. G. 12 gauge minimum rear under body skirt panel. H. Class "C" Hydraulic hoist, installed, with 45 degree dump angle and body prop. I. LED lighting package, security-mounted, with wiring harness in automotive type loom. J. Two(2) LED strobes mounted in the upper rear corners of the dump body. K. Curb side built-in ladder compartment, 12 inches wide x 25 inches high (305 x 635 mm) with wear pad and internal security chain . We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Price Page 3 of 7 Altec, Inc. Item Description ~ Price L. Pole pruner compartment, 11 inches high (279.4 mm), above ladder compartment with dual shelves and rear locking door. Upper section of rear door opening is open. M. Interior of chip body finished with scratch and corrosion resistant liner N. Underside of chip body undercoated. 0. Painted White 29. Altec T -48 Thru Box tool compartment 48 inches wide x 50 inches high x 96 inches long 1 (1219 x 1270 x 2438 mm) with 26.5 inch (673 mm) deep curb and street side compartments with the following compartmentation A. Streetside: Single compartment with two vertical barn-style doors. Left side has two (2) fixed shelves with six (6) dividers. Right side has four (4) unequal transverse compartments open to curbside. Compartment bottom has one (1) tray with five (5) removable dividers, 0.125 inch (3.175 mm) rubber liner partitioned for chainsaw gas can and wedge storage. Security chain for chainsaw provided in bottom and wedge storage. Security chain for chainsaw provided in bottom. B. Curbside: Single compartment with two (2) vertical barn-style doors. Left side has four (4) unequal transverse compartments open to streetside. All compartments have 0.125 inch (3.175 mm) rubber shelf liners. Top center has two (2) fixed shelves with six (6) dividers. Top right has six (6) swivel rope hooks (3-0-3). Compartment bottom has one (1) tray with five (5) removable dividers, 0.125 inch (3.175 mm) rubber liner partitioned for chainsaw gas can and wedge storage. Security chain for chainsaw provided in bottom. C. Standard features: Bolt-on rotary slam door locks. Gas shock door holders. Door locks are two point engagement with locking cylinders. Finish paint interior compartments the same as exterior. Integrated locking system installed. Single drawer kit mounted under fixed shelves. D. Painted White Bod)£ and Chassis Accessories 30. Cab Guard, 140" L, 12 GA Sheet Metal With Non-Skid Surface And Expanded Metal 1 Section At Front, Black Gator Hyde Coating A. Cab Guard Mounting Kit B. Front Supports For Cab Guard 31. ICC (Underride Protection) Bumper Installed At Rear 1 32. T-100 Style Pintle Hitch (30,000 LB) 1 33. Set of Safety Chain Loops, Fixed Mounting (Forestry Applications) 1 34. Cab Guard Access Stirrup Step(s) With Grab Handle(s) At Curbside Rear Of Cab Guard 1 35. Cab Guard Access Ladder 1 36. Platform Rest, Rigid with Rubber Tube 1 37. Wood Outrigger Pad, 19.5" x 19.5" x 2.25", With Fluorescent Orange Steel Collar 2 Around The Outer Edges And Chain Handle We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page4 of 7 UTILITY EQUIPMENT AND BODIES SINCE 1929 Altec, Inc. Description 38. Outrigger Pad Holder, 20" L x 20" W x 3.5" H, Fits 19.5" x 19.5" x 2.25" And Smaller 2 Pads, Bolt-On, Bottom Washout Holes, 3/4" Lip Retainer 39. Mud Flaps With Altec Logo {Pair) 1 40. Wheel Chocks, Rubber, 9.75" L x 7.75" W x 5.00" H, with 4" L Metal Hairpin Style 1 Handle {Pair) 41 . Wheel Chock Holders (Pair), For Installation Under Flatbed Or Dump Body 1 42. Slope Indicator Assembly For Machine With Outriggers 1 43. Cone Holder, Horizontal Style with Vertical Pivot (Un-folds Upwards), For Mounting On 1 Front Bumper (Holds up to four 15"x15" large cones) 44. Driveaway Safety Kit 1 45. Vinyl manual pouch for storage of all operator and parts manuals 1 Electrical Accessories 46. Strobe and Indicator Lights Wired Battery Hot 1 47. Lights And Reflectors Per FMVSS 108 (Complete LED), With Security Mounted Lights 1 48. 4-Corner Strobe Lighting, Amber LED 1 A. Two (2) Round Security Mounted Lights in Front Corners of Cab Guard B. Two (2) Round Security Mounted Lights at Rear 49. Dual Tone Back-Up With Outrigger Motion Alarm 50. PTO Hour Meter, Digital, with 10,000 Hour Display 51. 6-Way Trailer Receptacle (Pin Type) Installed At Rear 52. Electric Trailer Brake Controller (Tekonsha Voyager #9030) 53. Altec Modular Panel System (AMPS) -Includes Mounting Panel and Accessory Switches 54. Install secondary stowage system . With Engine Start Stop 55. Install Outrigger Interlock System 56. PTO Indi cator Light Installed In Cab Finishing Details 57. Powder Coat Unit Altec White 58. Finish Paint Body Accessories Above Body Floor Altec White We Wish To Thank You For GMng Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 1 1 1 1 1 1 1 1 1 1 Pages of 7 Altec, Inc. Item Description 59. Altec Standard; Components mounted below frame rail shall be coated black by Altec. i.e. step bumpers, steps, frame extension, pintle hook mount, dock bumper mounts, D-rings, receiver tubes, accessory mounts, light brackets, under-ride protection, etc.Components mounted to under side of body shall be coated black by Altec. i.e. Wheel chock holders, mud flap brackets, pad carriers, boxes, lighting brackets, steps, and ladders. 60. Vehicle Height Placard, Installed In Cab 61. Apply Non-Skid Coating to all walking surfaces 62. English Safety And Instructional Decals 63. Placard, HVl-22 Hydraulic Oil 64. Dielectric test unit according to ANSI requirements. 65. Stability test unit according to ANSI requirements. 66. Focus Factory Build 67. Inbound Freight 68. AR03 WD FL AL3 AB HS -Altec Reserve Spec AR03, LR7-58, Altec White, Freightliner M2 4x2, Diesel, Allison RDS-3500, Air Brakes, Hot Shift PTO 69. Stock Unit 70. Stock Unit Sold To Customer Chassis 71. Altec Supplied Chassis 72. Altec Stock Chassis A. 2018 Model Year B. Freightliner M2-106 C. Regular Cab D. 4x2 Drivetrain E. Chassis Color -White F. Cummins 86.7 Engine G. 240 HP Engine Rating H. Allison 3500 RDS Automatic Transmission I. Air Brakes J. Clear Cab to Axle Length -121 inches Actual Cab to Axle Length -124 inches K. 33,000 LBS Gross Vehicle Weight Rating (GVWR) L. 13,220 LBS Front Axle Weight Rating (FAWR) M. 21,000 LBS Rear Axle Weight Rating (RAWR) We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 ~ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Price Page 6 of 7 Item 73. 74. 75. 76. Altec, Inc. Description N. 016-1 C3 -Freightliner Horizontal Exhaust (Right-Horizontal-Behind Cab-Horizontal) 0. Driver Controlled Locking Differential P. Park Brake In Rear Wheels Q. 204-215 Freightliner 50 Gallon Fuel Tank (Left Hand Under Cab) R. No Prewire Chassis s. No Idle Engine Shut-Down Required T. Air Conditioning u. AM/FM Radio Additional Pricing Standard Altec Warranty: One (1) year parts warranty, one (1) year labor warranty, ninety (90) days warranty for travel charges, limited lifetime structural warranty Miscellaneous Extended Warranty For Labor, Material And Expense (NO Travel) To End of 5th Year (Day 366-1825). LRV, LRV-Elevators, TA Over SOFT and TA-Elevators Contract for 1 Year Interval PM Inspection/Scheduled Maintenance, Large Aerial Units 65' and Under Contract for Dielectric Test for Cat B/C Boom, Liner& ISO Grip (When Applicable) Unit/ Body/ Chassis Total FET Total Total Altec Industries, Inc. BY Keith Clement Notes: We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 ~ 1 1 5 5 Price 153,515.00 0.00 153,515.00 Page 7 of 7 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS. the Epilepsy Fo undation of Florida (EFOF) was established in 1971 as a non-for-profit 501 (c)J; and WHEREAS. EFOF is the principal agency for epilepsy programs and services sponsored by the State of Florida where today 12% of Americans with epilepsy live; and WHEREAS. Epilepsy, the 4th most common neurological disorder, affects over 400,000 Floridians with 84,000 of those sufferers being children and approximately 3.5 million A mericans where 1 in 26 will be diagnosed with epilepsy in their l ifetime and 1 in 10 people will have a seizure; and WHEREAS, it is important to ensure that individuals with this disorder are able to participate in all of life's rich and wondrous experiences which is why groups like the Epilepsy Foundation of Florida are leading the fight to stop seizures, find a cure and overcome challenges created by epilepsy, regardless of their financial situation; and WHEREAS. for 45 years, the Epilepsy Foundation of Florida has been leading the battle to defeat the stigma and fight the discrimination that can surround this disorder by providing support groups, seizure recognition and first aid training to Flo r ida's school faculty, staff, students, law enforcement and businesses, as well as offering epilepsy education and awareness programs; and 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 November 2017 as : EPILEPSY AWARENESS MONTH and urge all residents to support the continuous mission of this organization to provide the needed research and help for our citizens who suffer from seizures and epilepsy. 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 2nd day of November in the year Two Thousand and Seventeen. Maria G. Marino, Mayor J CITY OF PALM BEACH GA RDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Geography Awareness Week is November 121h-18'h; and WHEREAS, National Geographic Information System (GJS) Day is November 15, 2017; and WHEREAS, Geography Awareness Week promotes geographic literacy m schools; and WHEREAS, GJS is an important part of geography awareness; and WHEREA S, the City of Palm Beach Gardens is committed to expanding GIS to the schools and general public in order to showcase real-world applications with GIS. 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 November 15, 2017, as NA TIONA L GIS DAY and urge all citizens to participate in GIS Day activities. 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 2nd day of November in the year Two Thousand and Seventeen. Maria G. Marino, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHE REAS. hospice care provides patients and families with highest quality pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, most often delivered in the home, allowing patients to live fully up until the final moments, surrounded and supported by loved ones, friends, and committed caregivers, " and; WHEREAS, professional and compassionate hospice staff and trained volunteers-including physicians, nurses, social workers, therapists, counselors, health aids, and clergy -provide comprehensive care making the wishes of each patient a priority, and; WHEREAS, family members and loved ones receive counseling and bereavement care to help them cope with the many losses they face during the illness and with the grief they experience afterwards, and; WHEREAS, providing high-quality hospice care reaffirms our belief in the essential dignity of every person, regardless of age, health, or social status, and that every stage of human life deserves to be treated with the utmost respect and care; and WHEREA S , caring for patients at the end of life can be emotionally painful, physically exhausting, and financially dijjicult and Hospice Month recognizes those who serve in our nation's hospices, often as caregivers in the patients ' homes; NO 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 the month of November 2017 as : NA TIONAL HOSPICE & PALLIATIVE CARE MONTH 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 2"'1 day of November in the year Two Thousand and Seventeen. Maria G. Marino, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, in 2017, an estimated 53,670 people in the United States will be d iagnosed with pancreatic cancer, one of the deadliest cancers, and 43,090 will die from the disease; and WHEREAS, pancreatic cancer is one of the deadliest cancers, is currently the third leading cause of cancer death in the United States, and is projected to become the second leading cause by 2020; and, WHEREAS, pancreatic cancer is the only major cancer with a five-year relative survival rate in the single digits at just nine percent; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is generally in the later stages, and 71 percent of pancreatic cancer patients die within the first y ear of their diagnosis, while 91 percent of pancreatic cancer patients die within the first five years; and WHEREAS, approximately 3,1 70 deaths will occur in Florida in 201 7; and WHEREAS, pancreatic cancer is the seventh most com mon cause of cancer-related death across the world; and WHEREAS, there were an estimated 367,000 new pancreatic cancer cases diagnosed in 201 7; and WHEREAS, the good health and well-being of the residents of the City of Palm Beach Gardens are enhanced as a direct result of increased awareness about the sy mptoms and risk factors of pancreatic cancer and research into early detection , causes, and effective treatments. 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 November 16, 201 7 as: WORLD PANCREATIC CANCER DAY 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 a.ffzxed on this 2nd day of November in the year Two Thousand and Seventeen. Maria G. Marino , Mayor CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 2, 2017 Petition: Ordinance 20, 2017 Subject/Agenda Item: Amendment to the City's Code of Ordinances Public Hearing and First Reading: A City-initiated request to amend Chapter 62 of the City's Code of Ordinances to provide for the collocation of small wireless facilities or micro wireless facilities on existing utility poles or the installation of new utility poles to support the collocation of small wireless facilities or micro wireless facilities in City-owned rights-of-way and amending the definitions to be consistent with Florida Statutes. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Development Compliance and Zoning Manager Bahareh Wolfs, AICP ~~e to [tanning and at ie M. Crowley, AICP City Attorney R.Max~ Approved By: Originating Dept.: Planning & Zoning: [ ] Quasi -Judicial [X] Legislative [X] Public Hearing --------- Advertised: [ ] Required [X] Not Required Date: N/A Paper: N/A Affected parties: [ ] Notified [X] Not Required Finance: Accountant .//#- Fees Paid: N/A Funding Source: [ ] Operating [X] Other N/A Budget Acct.#: N/A Effective Date: N/A Expiration Date: N/A City Council Action: [ ] Approval [ ] App. w/ Conds. [ ] Denial [ ] Continued to: __ Attachments: • Chapter 2017-136, CS/CS/HB 687, Laws of Florida • Ordinance 20, 2017 . EXECUTIVE SUMMARY Meeting Date: November 2, 2017 Petition: Ordinance 20, 2017 Page 2 of 16 A City-initiated request to amend Chapter 62 -Streets, Sidewalks, and Certain Other Public Places, Article V -Placement of Communications Facilities in Public Rights-of-way of the City's Code of Ordinances to address House Bill 687, "Advanced Wireless Infrastructure Deployment Act" signed into law by Governor Scott. The new state law, which is now codified at Section 337.401, Florida Statutes, conflicts with certain Sections of Chapter 62 of the City's Code of Ordinances. On October 12, 2017, the City Council adopted Ordinance 23, 2017, approving 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. City Staff has reviewed the new Statute requirements and is recommending changes to meet the requirements of the new State law. The amendments to Chapter 62 of the City's Code of Ordinances allow for the collocation of small wireless facilities or micro wireless facilities on existing utility poles in City-owned rights- of-way (ROW) or the installation of new utility poles to support the collocation of small wireless facilities or micro wireless facilities within City-owned ROW to be consistent with the new State law. The definitions contained in Chapter 62 of the City's Code are also being amended to be consistent with Section 337.401, Florida Statutes. BACKGROUND On June 23, 2017, Governor Scott signed into law House Bill 687 over the objections of numerous local governments and advocacy groups. The legislation, "Advanced Wireless Infrastructure Deployment Act" (Act), is now codified at Section 337.401, Florida Statutes, and became effective July 1, 2017. The Act substantially amends Section 337.401, Florida Statutes, relating to the use of public (municipal or county) ROW, and specific structures located in the ROW, 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 ROW, installation of ground-mounted equipment in the ROW, installation of new poles in the ROW, and the installation of micro wireless facilities. The Act provides a detailed process that a local government must follow to accept applications for permits and to process and issue those permits. Generally, the local 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 local government's "applicable codes." "Applicable codes", as defined in Section 337.401, Florida Statutes, 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 local government utility pole. Chapter 62, Article V. of the City's Code of Ordinances regulates the placement of communications facilities in public rights-of-way and conflicts with specific sections of the new State law. Meeting Date: November 2, 2017 Petition: Ordinance 20, 2017 Page 3 of 16 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 rights-of-way. The City Council adopted Ordinance 23, 2017 on October 12, 2017, establishing a temporary moratorium on the acceptance or processing of permits for the collocation of small or micro wireless facilities within City-owned ROW to allow staff time to determine the appropriate amendments to the City's Code to implement Section 337.401, Florida Statutes. The proposed amendment to the City's Code of Ordinances will bring Chapter 62 of the City's Code of Ordinances into compliance with the new State law. PROPOSED AMENDMENT *Words underlined are additions; words stricken are deletions. Chapter 62 STREETS, SIDEWALKS, AND CERTAIN OTHER PUBLIC PLACES ARTICLE V. -PLACEMENT OF COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF- WAY Sec. 62-189. Title. This article shall be known and may be cited as the City of Palm Beach Gardens Communications Rights-of-Way Ordinance. (Ord. No. 4, 2015, § 1(Exh. A), 6-4-15) Sec. 62-190. Intent and purpose. It is the intent of the city to promote the public health, safety and general welfare by: providing for the placement or maintenance of communications facilities in the public rights- of-way within the city; adopting and administering reasonable rules and regulations not inconsistent with state and federal law, including Section 337.401, Florida Statutes, as it may be amended, the city's home-rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other federal and state law; establishing reasonable rules and regulations necessary to ·manage the placement or maintenance of communications facilities in the public rights-of-way by all communications services providers; and minimizing disruption to the public rights-of-way. In regulating its public rights- of-way, the city shall be governed by and shall comply with all applicable federal and state laws. (Ord. No. 4, 2015, § 1(Exh. A), 6-4-15) Sec. 62-191. Definitions. Meeting Date: November 2, 2017 Petition: Ordinance 20, 2017 Page 4 of 16 For purposes of this article, the following terms, phrases, words, and their derivations shall have the meanings given. Words not otherwise defined shall be construed to mean the common and ordinary meaning . Abandonment means the permanent cessation of all uses of a communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "abandonment" of a facility in public rights-of-way. Antenna means communications equipment that transmits or receives electromagnetic frequency signals used in providing wireless services. City means the City of Palm Beach Gardens, Florida. 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. Communications services means the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Notwithstanding the foregoing, for purposes of this article "cable service", as defined in Section 202.11 (2), Florida Statutes, as it may be amended, is not included in the definition of "communications services," and cable service providers may be subject to other ordinances of the city. Communications services provider means any person, including a municipality or county, providing communications services through the placement or maintenance of a communications facility in public rights-of-way. This definition shall also include any person, including a municipality or county, that places or maintains a communications facility in public rights-of-way but does not provide communications services. Communications facility or facility or system means any permanent or temporary plant, equipment, and property, including, but not limited to, cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the public rights-of-way of the city and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services. FCC means the Federal Communications Commission. In public rights-of-way or in the public rights-of-way means in, on, over, under, or across the public rights-of-way. 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. Meeting Date: November 2, 2017 Petition : Ordinance 20, 2017 Page 5 of 16 Person shall include any individual, firm, association, joint venture, partnership, estate , trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, and shall include the city to the extent the city acts as a communications services provider. Place or maintain or placement or maintenance or placing or maintaining means to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate, or relocate. A communications services provider that owns or exercises physical control over communications facilities in public rights-of-way , such as the physical control to maintain and repair, is "placing or maintaining" the facilities. A person providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights- of-way does not constitute "placing or maintaining" facilities in the public rights-of-way. Public rights-of-way means a public right-of-way, public utility easement, highway, street, bridge, tunnel, or alley for which the city is the authority that has jurisdiction and control and may lawfully grant access pursuant to applicable law, and includes the surface, the air space over the surface, and the area below the surface. "Public rights-of-way" shall not include private property. "Public rights-of-way" shall not include any real or personal city property, except as described above, and shall not include city buildings, fixtures, poles, conduits, facilities, or other structures or improvements, regardless of whether they are situated in the public rights-of-way. Registrant means a communications services provider that has registered with the city in accordance with the provisions of this article. Registration or register means the process described in this article whereby a communications services provider provides certain information to the city. Small wireless facility means a wireless facility that meets the following qualifications: a. Each antenna associated with the facility is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of antennas 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 cumulatively 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 demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures. Meeting Date: November 2, 2017 Petition: Ordinance 20, 2017 Page 6 of 16 Utility pole, with regard to Chapter 62, 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. Wireless facility means equipment at a fixed location that 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 associated 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 facilities; 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. Wireless infrastructure provider means a person who has been certified 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 service provider. Wireless provider means a wireless infrastructure provider or a wireless services provider. Wireless services mean any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities . Wireless services provider means a person who provides wireless services. 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. (Ord. No. 4 , 201 5, § 1 (Exh . A), 6-4-15) Staff Comment: This adds definitions for Antenna, Collocate or Collocation, Micro wireless facility, Small wireless facility, Utility pole, Wireless facility, Wireless infrastructure, Wireless provider, Wireless services, Wireless services provider, and Wireless support structure. The verbatim language proposed is consistent with Florida Statutes. Sec. 62-192. Registration for placing or maintaining communications facilities in public rights-of-way. (a) A communications services provider that desires to place or maintain a communications facility in public rights-of-way in the city shall first register with the city's building Meeting Date: November 2, 2017 Petition: Ordinance 20, 2017 Page 7 of 16 department in accordance with this article. Subject to the terms and conditions prescribed in this article, a registrant may place or maintain a communications facility in public rights- of-way. (b) A registration shall not convey any title , equitable or legal, to the registrant in the public rights-of-way. Registration under this article governs only the placement or maintenance of communications facilities in public rights-of-way. Other ordinances, codes, or regulations may apply to the placement or maintenance in the public rights-of-way of facilities that are not communications facilities. Registration does not excuse a communications services provider from obtaining appropriate access or pole attachment agreements before locating its facilities on the city's or another entity's facil ities. Registration does not excuse a communications services provider from complying with all applicable city ordinances, codes, or regulations, including this article. (c) Each communications services provider that desires to place or maintain a communications facility in public rights-of-way in the city shall file a single registration with the city, which shall include the following information : (1) Name of the applicant; (2) Name, address, and telephone number of the applicant's primary contact person in connection with the registration, and the person to contact in case of an emergency; (3) For registrations submitted prior to October 1, 2001, the applicant shall state whether it provides local service or toll service or both; (4) Evidence of the insurance coverage required under this article and acknowledgment that the registrant has received and reviewed a copy of this chapter, which acknowledgment shall not be deemed an agreement; (5) The number of the applicant's certificate of authorization or license to provide communications services issued by the Florida Public Service Commission , the Federal Communications Commission, or other federal or state authority, if any; and (6) For an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant is a corporation, proof of authority to do business in the State of Florida, such as the number of the certificate from or filing with the Florida Department of State. (d) The city shall review the information submitted by the applicant. Such review shall be by the city engineer and the public services director or their designees. If the applicant submits information in accordance with subsection (c) above, the registration sha ll be effective, and the city shall notify the applicant of the effectiveness of the registration in writing . If the city determines that the information has not been submitted in accordance with subsection (c) above, the city shall notify the applicant, in writing, of the non- effectiveness of the registration, and reasons for the non-effectiveness. The city shall so reply to an applicant within thirty (30) days after receipt of registration information from the app licant. Non-effectiveness of registration shall not preclude an applicant from filing subsequent applications for registration under the provisions of this section. An applicant has thirty (30) days after receipt of a notice of non-effectiveness of registration to appeal the decision as provided in section 62-196 of the Code of Ordinances. Meeting Date: November 2, 2017 Petition: Ordinance 20, 2017 Page 8 of 16 (e) A registrant may cancel a registration upon written notice to the city stating that it will no longer place or maintain any communications facilities in public rights-of-way within the city and will no longer need to obtain permits to perform work in public rights-of-way . A registrant cannot cancel a registration if the registrant continues to place or maintain any communications facilities in public rights-of-way. (f) Registration does not in and of itself establish a right to place or maintain, or the priority for the placement or maintenance of a communications facility in public rights-of-way within the city but · shall establish for the registrant a right to apply for a permit. Registrations are expressly subject to any future amendment to or replacement of this article and further subject to any additional city ordinances, as well as any state or federal laws that may be enacted. (g) A registrant shall renew its registration with the city's building department by April 1 of even numbered years in accordance with the registration requirements in this article, except that a registrant that initially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within 30 days of any change in the information required to be submitted pursuant to subsection (c), except, as of October 1, 2001, subsection (c)(3), a registrant shall provide updated information to the city. If no information in the then-existing registration has changed , the renewal may state that no information has changed . Failure to renew a registration may result in the city restricting the issuance of additional permits until the communications services provider has complied with the registration requirements of this article. (h) An effective registration shall be a condition of obtaining a permit. Notwithstanding an effective registration, permitting requirements shall apply. A permit may be obtained by or on behalf of a registrant having an effective registration if all permitting requirements are met. (Ord . No . 4, 2015 , § 1 (Exh. A), 6-4-15) Sec. 62-193. Notice of transfer, sale, or assignment of assets in public rights-of-way. If a registrant transfers, sells, or assigns its assets located in public rights-of-way incident to a transfer, sale, or assignment of the registrant's assets , the transferee , buyer, or assignee shall be obligated to comply with the terms of this article. Written notice of any such transfer, sale, or assignment shall be provided by such registrant to the city's building department within twenty (20) days after the effective date of the transfer, sale, or assignment. If the transferee, buyer, or assignee is a curre nt registrant, then th e transfe ree, buyer, or assignee is not required to re-register. If the transferee, buyer, or assignee is not a current registrant, then the transferee, buyer, or assignee shall register as provided in section 62-192 within sixty (60) days of the transfer, sale, or assignment. If permit applications are pending in the registrant's name, the transferee, buyer, or assignee shall notify the building official that the transferee, buye r, or assignee is the new applicant after the requirements of this section are satisfied . (Ord. No. 4 , 2015, § 1(Exh . A), 6-4-15) Meeting Date: November 2, 2017 Petition: Ordinance 20, 2017 Page 9 of 16 Sec. 62-194. Placement or maintenance of a communications facility in public rights- of-way. (a) A registrant shall at all times comply with and abide by all applicable provisions of the state and federal law and city ordinances, codes, and regulations in placing or maintaining a communications facility in public rights-of-way. (b) A registrant shall not commence to place or maintain a communications facility in public rights-of-way until all applicable permits, if any, have been issued by the city or other appropriate authority, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety, or welfare, which includes an unplanned out-of-service condition of a pre-existing service. The registrant shall provide prompt notice to the city of the placement or maintenance of a communications facility in public rights-of-way in the event of an emergency and shall be required to obtain an after- the-fact permit if a permit would have originally been required to perform the work undertaken in public rights-of-way in connection with the emergency. The registrant acknowledges that, as a condition of granting such permits, the city may impose reasonable rules or regulations governing the placement, relocation, or maintenance of a communications facility in public rights-of-way. Permits shall apply only to the areas of public rights-of-way specifically identified in the permit. The city may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities that may otherwise require individual permits. (c) As part of any permit application to place a new or replace an existing communications facility in public rights-of-way, the registrant shall provide the following: (1) The location of the proposed facilities, including a description of the facilities to be installed, where the facilities are to be located, and the approximate size of the facilities that will be located in public rights-of-way; (2) A description of the manner in which the facility will be installed (i.e., anticipated construction methods or techniques); (3) A maintenance of traffic plan for any disruption of the public rights-of-way, in accordance with the standards promulgated by the Florida Department of Transportation; (4) Information on the ability of the public rights-of-way to accommodate the proposed facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other persons); (5) If appropriate, given the facility proposed, a certified estimate of the cost of restoration to the public rights-of-way, subject to approval by the city engineer or designee; (6) The timetable for construction of the project, or each phase thereof, and the areas of the city which will be affected; and · (7) Such additional information as the city finds reasonably necessary with respect to the placement or maintenance of the communications facility that is the subject of the permit application to review such permit application. Meeting Date: November 2, 2017 Petition : Ordinance 20, 2017 Page 10 of 16 (d) To the extent not otherwise prohibited by state or federal law, the city shall have the power to prohibit or limit the placement of new or additional communications facilities within a particular area of public rights-of-way. (e) All communications facilities shall be placed or maintained so as not to unreasonably interfere with the use of the public rights-of-way by the public and with the rights and convenience of property owners who adjoin any of the public rights-of-way. The use of trenchless technology (i.e., directional bore method) for the installation of facilities in the public rights-of-way, as well as joint trenching or the co-location of facilities in existing conduit, is strongly encouraged and should be employed wherever feasible. The building official, public service director and city engineer or their designees may promulgate reasonable rules and regulations concerning the placement or maintenance of a communications facility in public rights-of-way consistent with this article and other applicable law. (f) All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of communications facilities. (g) After the completion of any placement or maintenance of a communications facility in public rights-of-way or each phase thereof, a registrant shall, at its own expense, restore the public rights-of-way to their original condition before such work. If the registrant fails to make such restoration within thirty (30) days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the city may perform restoration and charge the costs of the restoration against the registrant in accordance with Section 337.402, Florida Statutes, as it may be amended. For twelve (12) months following the original completion of the work, the registrant shall guarantee its restoration work and shall correct, at its own expense, any restoration work that does not satisfy the requirements of this article . (h) Removal or relocation at the direction of the city of a registrant's communications facility in public rights-of-way shall be governed by the provisions of Sections 337.403 and 337.404, Florida Statutes, as they may be amended . (i) A permit from the city constitutes authorization to undertake only certain activities in public rights-of-way in accordance with this article, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way. 0) A registrant shall maintain its communications facility in public rights-of-way in a manner consistent with accepted industry practice and applicable law. (k) In connection with excavation in the public rights -of-way, a registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in Chapter 556, Florida Statutes, as it may be amended . (I) The registrant shall use and exercise due caution, care, and skill in performing work in the public rights-of-way and shall take all reasonable steps to safeguard work-site areas. (m) Upon the request of the city, and as notified by the city of the other work, construction, installation, or repairs referenced below, a registrant may be required to coordinate placement or maintenance activities under a permit with any other work, construction, Meeting Date : November 2, 2017 Petition : Ordinance 20 , 2017 Page 11 of 16 installation , or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject public rights-of-way, and the registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbance in the public rights-of-way . (n) A registrant shall not place or maintain its corn.munications facilities so as to interfere with, displace, damage, or destroy any facilities, including, but not limited to, sewers, gas or water mains, storm drains, pipes, cables, or conduits of the city or any other entity's facilities lawfully occupying the public rights-of-way of the city. (o) The city makes no warranties or representations regarding the fitness, suitability, or availability of the city's public rights-of-way for the registrant's communications facilities, and any performance of work, costs incurred, or services provided by the registrant shall be at the registrant's sole risk. Nothing in this article shall affect the city's authority to add, vacate, or abandon public rights-of-way, and the city makes no warranties or representations regarding the availability of any added , vacated, or abandoned public rights-of-way for communications facilities. (p) The city shall have the right to make such inspections of communications facilities placed or maintained in public rights-of-way as it finds necessary to ensure compliance with this article . (q) A permit application to place a new or replace an existing communications facility in public rights-of-way shall include plans showing the location of the proposed installation of facilities in the public rights-of-way. If the plans so provided require revision based upon actual installation, the registrant shall promptly provide revised plans. The plans shall be in a hard copy format or an electronic format specified by the city, provided such electronic format is maintained by the registrant. Such plans in a format maintained by the registrant shall be provided at no cost to the city . (r) The city reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables, or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the city in public rights-of-way occupied by the registrant. The city further reserves without limitation the right to alter, change, or cause to be changed the grading, installation , relocation, or width of the public rights-of-way within the limits of the city and within said limits as same may from time to time .be altered. Should the registrant be required to relocate its facilities in conjunction with such installation and alteration, the registrant shall be required to pay all costs associated with such relocation. (s) A registrant shall, on the request of any person holding a permit issued by the city, temporarily raise or lower its communications facilities to permit the work authorized by the permit. The expense of such temporary raising or lowering of facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in advance. The registrant shall be given not less than thirty (30) days' advance written notice to arrange for such temporary relocation. Meeting Date: November 2, 2017 Petition : Ordinance 20, 2017 Page 12 of 16 (t) A wireless facility that is a portion of a communication facility, such as an antenna ("wireless facility(ies)"), which is attached to a legally maintained vertical structure in the public rights-of-way, such as a light pole or utility pole ("vertical structure(s)"), shall be subject to the following criteria below and processed in accordance with the timeframes specified in Chapter 337.401, Florida Statutes: (1) Such wireless facilities may not extend more than twentyten (2:010) feet above the highest point of the vertical structure (i.e., utility pole). Unless waived by the City Council, the height of a new utility pole 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. If there is no utility pole within 500 feet the height of the new utility pole shall be limited to 50 feet; (2) Such wireless facilities that are attached to a vertical structure located in public rights-of-way that is fifteen (15) feet or less in width and is located adjacent to real property used as a single-family residence shall be flush mounted to the vertical structure; (3) Such wireless facilities shall not have any type of lighted signal , lights, or illuminations unless required by an applicable federal, state, or local rule, regulation, or law; (4) Such wireless facilities shall comply with any applicable Federal Communications Commission Emissions Standards; (5) The design, construction, and installation of such wireless facilities shall comply with any applicable local building codes; (6) No commercial advertising shall be allowed on such wireless facilities; and (7) Any accessory equipment and related housing in the public rights-of-way that are used in conjunction with such a wireless facility shall comply with any applicable local rules, regulations, ordinances, or laws governing the placement and design of such equipment; (8) Any new or replacement poles shall be of similar design, material, and color to the utility poles within 250 of feet in the same right-of-way, or as otherwise approved; (9) Wireless facilities. including ground-mounted equipment, shall be placed so as to not interfere with the safe operation of traffic control equipment, sight lines or clear zones for transportation, pedestrians, public safety purposes. or the free flow of vehicular and pedestrian traffic; (10) The City may request that ground-mounted equipment use materials, colors, textures, screening, and landscape that will blend into the natural setting and surrounding built environment to minimize the visual impact, as permitted by Section 337.401, Florida Statutes: (11) The City may request ground-mounted equipment be placed no closer than 500 feet from existing ground-mounted equipment servicing the same carrier, as permitted by Section 337.401, Florida Statutes ; Meeting Date: November 2, 2017 Petition: Ordinance 20, 2017 Page 13 of 16 (12) Ground-mounted equipment shall be placed so as to not interfere with the intended purpose of the right-of-way, swales, or stormwater drainage features and appurtenances. (13) The City may deny a proposed collocation of or a new small wireless facility in the public rights-of-way if the proposed collocation materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement; (14) The City may deny a proposed collocation of or a new small wireless facility in the public rights-of-way if it materially fails to comply with the 2010 edition of the Florida Department of Transportation Utility Accommodation Manual. (u) Vertical structures, such as towers, having a sole purpose to serve as a mounting devise for antennae, are expressly prohibited from being .placed in the public rights-of-way, except as permitted by Section 337.401, Florida Statutes. Staff Comment: This section amends Chapter 62 to be consistent with the new requirements of Section 337.401, Florida Statutes. The language added for (1), (9), (13), and (14) is taken directly from Section 337.401, Florida Statutes. The Statute allows municipalities to establish reasonable separation distances for ground-based equipment and objective design standards. Subsections (8), (10), (11), and (12) provide these objective standards. Subsection (u) is amended to allow for the installation of new utility poles that meet the criteria established in Section 337.401, Florida Statutes, but prohibiting those that do not meet these criteria. Subsections (a) through (s) remain in effect as previously adopted. The Statute specifically allows municipalities to require registration of wireless providers, require permitting, and require insurance. Sec. 62-195. -Suspension of permits. (a) The city may suspend a permit for work in the public rights-of-way for one (1) or more of the following reasons, subject to section 62-196 of this article: (1) Violation of permit conditions, including conditions set forth in the permit, this article, or other applicable city ordinances, codes, or regulations governing placement or maintenance of communications facilities in public rights-of-way; (2) Misrepresentation or fraud by registrant in a registration or permit application to the city; (3) Failure to properly renew or ineffectiveness of the registration; or (4) Failure to relocate or remove facilities as may be lawfully required by the city. (b) The building official shall provide notice and an opportunity to cure any violation of subsections (1) through (4) above, each of which shall be reasonable under the circumstances. {Ord. No. 4, 2015, § 1{Exh. A), 6-4-15) l I Sec. 62-196. Appeals. Meeting Date: November 2, 2017 Petition: Ordinance 20, 2017 Page 14 of 16 Final, written decisions of the building official or designee suspending or denying a permit, denying an application for a registration, or denying an application for renewal of a registration are subject to appeal. An appeal must be filed with the building official within thirty (30) days of the date of the final, written decision to be appealed. Any appeal not timely filed as set forth above shall be waived. The planning, zoning, and appeals board shall hear the appeal as set forth in article II, section 13 of the city's land development regulations. The hearing shall occur within forty-five (45) days of the receipt of the appeal, unless waived by the registrant, and a written decision shall be rendered within twenty (20) days of the hearing. Upon correction of the grounds that gave rise to a suspension or denial, the suspension or denial shall be lifted. (Ord. No. 4, 2015, § 1(Exh. A), 6-4-15) Sec. 62-197. Involuntary termination of registration. (a) The city may terminate a registration if: (1) A federal or state authority suspends, denies, or revokes a registrant's certification or license to provide communications services; (2) The registrant's placement or maintenance of a communications facility in the public rights-of-way presents an extraordinary danger to the general public or other users of the public rights-of-way, and the registrant fails to remedy the danger promptly after receipt of written notice; or (3) The registrant ceases to use all of its communications facilities in public rights-of-way and has not complied with section 62-203 of this article. (b) Prior to termination, the registrant shall be notified by the city engineer or designee with a written notice setting forth all matters pertinent to the proposed termination action, including which of subsections (1) through (3) above is applicable as the reason therefor, and describing the proposed action of the city with respect thereto. The registrant shall have sixty (60) days after receipt of such notice within which to address or eliminate the reason or within which to present a plan satisfactory to the city engineer or designee to accomplish same. If the plan is rejected, the city engineer or designee shall provide written notice of such rejection to the registrant and shall make a recommendation to the city council regarding a decision as to termination of registration. A decision by a city to terminate a registration may only be accomplished by an action of the city council. A registrant shall be notified by written notice of any decision by the city council to terminate its registration. Such written notice shall be sent within seven (7) days after the decision. (c) In the event of termination, the former registrant shall: (1) Notify the city of the assumption or anticipated assumption by another registrant of ownership of the registrant's communications facilities in public rights-of-way; or (2) Provide the city with an acceptable plan for disposition of its communications facilities in public rights-of-way. If a registrant fails to comply with this subsection (c), which determination of non-compliance is subject to appeal as provided in section 62-196, the city may exercise any remedies or rights it has at law or in equity, including, but Meeting Date: November 2, 2017 Petition : Ordinance 20, 2017 Page 15 of 16 not limited to, taking possession of· the facilities where another person has not assumed the ownership or physical control of the facilities or requiring the registrant within ninety (90) days of the termination, or such longer period as may be agreed to by the registrant, to remove some or all of the facilities from the public rights-of-way and restore the public rights-of-way to their original condition before the removal. (d) In any event, a terminated registrant shall take such steps as are necessary to render safe every portion of the communications facilities remaining in the public rights-of-way of the city . (e) In the event of termination of a registration, this section does not authorize the city to cause the removal of communications facilities used to provide another service for which the registrant or another entity that owns or exercises physical control over the facilities holds a valid certification or license with the governing federal or state agency, if required for provision of such service, and is registered with the city, if required. (Ord. No . 4 , 2015 , § 1(Exh . A), 6-4-15) Sec. 62-198. Existing communications facilities in public rights-of-way. A communications services provider with an existing communications facility in the public rights-of-way of the city has sixty (60) days from the effective date of this article to comply with the terms of this article, including, but not limited to, registration, or be in violation thereof. (Ord . No . 4, 2015, § 1 (Exh. A), 6-4-15) Staff Comment: This section remains unchanged as the provisions are allowed by Section 337.401 , Florida Statutes. Sections 62-199. through 62-206. omitted for brevity. STAFF ANALYSIS The new law 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 new law also expands the definition of "utility pole" to include light poles, traffic control structures, and signage at least 15 feet tall. The new law severely limits the ability of the City to impose distance separation requirements or the ability to require specific types of poles or attachments. The new law allows the City to require registration of wireless service providers, require a permit for the collocation of small or micro wireless facilities or the installation of new utility poles to support the collocation of small or micro wireless facilities, and require the providers meet the same insurance, indemnification, and safety standards as providers on existing towers. The law also requires the City process the permit application within specific timelines and limits the reasons why the City may deny the permits . Finally , the new law only applies to utility poles within City-owned rights-of-way, not to private property or roads governed by Homeowners' Associations. · PLANNING, ZONING, AND APPEALS BOARD (PZAB) ACTION Meeting Date: November 2, 2017 Petition: Ordinance 20, 2017 Page 16 of 16 The PZAB heard the petition at the October 10, 2017, meeting and recommended approval by a vote of 6 to O. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 20, 2017 as presented on first 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 CODING: Words st:rieken are deletions; words underlined are additions. 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 design 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. 2 CODING: Words stricken arc deletions; words underlined arc additions. ' ___j 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 m s. 760.29(4)(b); (II) Has more than 5.000 residents; and (III) 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 CODING: Words stFiekeR are deletions; words underlined are additions. 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 ancilla:r:y 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 facilities; 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 w irel ess service s 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. 4 CODING: Words striekcn arc deletions; words underlined are additions. 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 CODING: Words stricken arc deletions; words underlined arc additions. 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. 6 CODING: Words stFieken are deletions; words underlined are additions. 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 prov1s1ons 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 7 CODING: Words strieken are deletions; words underlined are additions. 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 L 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 8 CODING: Words stFiekcn arc deletions; words underlined arc additions. I Ch. 2017-136 LAWS OF FLORIDA Ch. 2017-136 shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation, including necessary 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 necessary 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. (j) 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 st:riekcn 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 47 U.S.C. s. 332(c)(7), the requirements for facility modifications under 47 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 m 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 striekcn arc deletions; words underlined arc 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: 1. 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. (g) 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 20, 2017 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA, AMENDING CHAPTER 62 OF THE 5 CITY'S CODE OF ORDINANCES TO PROVIDE FOR THE 6 COLLOCATION OF SMALL WIRELESS FACILITIES OR MICRO 7 WIRELESS FACILITIES ON EXISTING UTILITY POLES OR THE 8 INSTALLATION OF NEW UTILITY POLES TO SUPPORT THE 9 COLLOCATION OF SMALL WIRELESS FACILITIES OR MICRO 10 WIRELESS FACILITIES IN CITY-OWNED RIGHTS-OF-WAY AND 11 AMENDING THE DEFINITIONS TO BE CONSISTENT WITH SECTION 12 337.401, FLORIDA STATUTES; PROVIDING FOR A CONFLICTS 13 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO 14 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 15 PURPOSES. 16 17 WHEREAS, during the 2017 Legislative Session, the state legislature passed 18 House Bill 687 amending Section 337.401, Florida Statutes, creating what is known as 19 the "Advanced Wireless Infrastructure Deployment Act"; and 20 21 WHEREAS, such legislation was approved by the Governor of the State of Florida 22 on June 23, 2017, and became effective on July 1, 2017, under Chapter 2017-136, Laws 23 of Florida; and 24 25 WHEREAS, the law establishes a process by which wireless providers may place 26 certain "small wireless facilities" on, under, within, or adjacent to certain utility poles or 27 wireless support structures within public rights-of-way that are under the jurisdiction and 28 control of an "authority", including the City of Palm Beach Gardens; and 29 30 WHEREAS, thus, the law provides that the City may not prohibit, regulate, or 31 charge for the collocation of small wireless facilities or micro wireless facilities in the public 32 rights-of-way, except as specified in the statute; and 33 34 WHEREAS, the City currently has regulations pertaining to such facilities within its 35 Code of Ordinances, specifically codified within Chapter 62, "Streets, Sidewalks and 36 Certain Other Public Places," Article V, "Placement of Communication Facilities in Public 37 Rights-of-Way," Sections 62-189 through 62-206 that need to be amended to be 38 consistent with the new law; and 39 40 WHEREAS, on October 12, 2017, the City Council adopted Ordinance 23, 2017, 41 establishing a temporary moratorium on the accepting and processing of permits for the 42 collocation of small wireless facilities or micro wireless facilities on utility poles located in 43 City-owned rights-of-way (ROW) or the installation of new utility poles in City-owned ROW 44 to support the collocation of small wireless facilities or micro wireless facilities until 45 December 31, 2017, to allow city staff the time to develop regulations consistent with 46 Section 337.401, Florida Statutes; and Page 1 of 16 Ordinance 20, 2017 1 WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the 2 City of Palm Beach Gardens as set forth in Article VIII , Section 2, of the Constitution of 3 the State of Florida, Chapter 166, Florida Statutes, and other applicable controlling laws. 4 5 WHEREAS, the City Council deems approval of this Ordinance to be in the best 6 interest of the health, safety, and welfare of the residents and citizens of the City of Palm 7 Beach Gardens and the public at large. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 10 OF PALM BEACH GARDENS, FLORIDA, that: 11 12 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 13 14 SECTION 2. Chapter 62 . "Streets, Sidewalks and Certain Other Public Places," of 15 the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended 16 at Article V, Placement of Communication Facilities in Public Rights-of-Way , by repealing 17 Sections 62-189 through 62-198 and readopting same, as revised ; providing that Sections 18 62-189 through 62-198 shall hereafter read as follows: 19 20 Chapter 62 21 22 STREETS, SIDEWALKS AND CERTAIN OTHER PUBLIC PLACES 23 24 ARTICLE V. PLACEMENT OF COMMUNICATIONS FACILITIES IN PUBLIC 25 RIGHTS-OF-WAY 26 27 Sec. 62-189. Title. 28 29 This article shall be known and may be cited as the City of Palm Beach Gardens 30 Communications Rights-of-Way Ordinance. 31 32 Sec. 62-190. Intent and purpose. 33 34 It is the intent of the city to promote the public health, safety and general welfare by: 35 providing for the placement or maintenance of communications facilities in the public 36 rights-of-way within the city; adopting and administering reasonable rules and regulations 37 consistent with state and federal law, including Section 337.401 , Florida Statutes, as it 38 may be amended , the city's home-rule authority , and in accordance with the provisions of 39 the Federal Telecommunications Act of 1996 and other federal and state law; establishing 40 reasonable rules and regulations necessary to manage the placement or maintenance of 41 communications facilities in the public rights-of-way by all communications services 42 providers; and minimizing disruption to the public rights-of-way. In regulating its public 43 rights-of-way , the city shall be governed by and shall comply with all applicable federal 44 and state laws. 45 46 Page 2 of 16 Ordinance 20, 2017 1 Sec. 62-191. Definitions. 2 3 For purposes of this article, the following terms, phrases, words, and their derivations 4 shall have the meanings given. Words not otherwise defined shall be construed to mean 5 the common and ordinary meaning. 6 7 Abandonment means the permanent cessation of all uses of a communications 8 facility; provided that this term shall not include cessation of all use of a facility within a 9 physical structure where the physical structure continues to be used. By way of example, 10 and not limitation, cessation of all use of a cable within a conduit, where the conduit 11 continues to be used, shall not be "abandonment" of a facility in public rights-of-way. 12 13 Antenna means communications equipment that transmits or receives 14 electromagnetic frequency signals used in providing wireless services. 15 16 City means the City of Palm Beach Gardens, Florida. 17 18 Collocate or collocation means to install, mount, maintain, modify, operate, or replace 19 one or more wireless facilities on, under, within, or adjacent to a wireless support structure 20 or utility pole. The term does not include the installation of a new utility pole or wireless 21 support structure in the public rights-of-way. 22 23 Communications services means the transmission, conveyance or routing of voice, 24 data, audio, video, or any other information or signals to a point, or between or among 25 points, by or through any electronic, radio, satellite, cable, optical, microwave, or other 26 medium or method now in existence or hereafter devised, regardless of the protocol used 27 for such transmission or conveyance. Notwithstanding the foregoing, for purposes of this 28 article "cable service", as defined in Section 202.11 (2), Florida Statutes, as it may be 29 amended, is not included in the definition of "communications services," and cable service 30 providers may be subject to other ordinances of the city. 31 32 Communications services provider means any person, including a municipality or 33 county, providing communications services through the placement or maintenance of a 34 communications facility in public rights-of-way. This definition shall also include any 35 person, including a municipality or county, that places or maintains a communications 36 facility in public rights-of-way but does not provide communications services. 37 38 39 Communications facility or facility or system means any permanent or temporary plant, 40 equipment, and property, including, but not limited to, cables, wires, conduits, ducts, fiber 41 optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, 42 drains, surface location markers, appurtenances, and other equipment or pathway placed 43 or maintained or to be placed or maintained in the public rights-of-way of the city and 44 used or capable of being used to transmit, convey, route, receive, distribute, provide or 45 offer communications services. 46 Page 3 of 16 Ordinance 20, 2017 1 FCC means the Federal Communications Commission. 2 3 In public rights-of-way or in the public rights-of-way means in, on, over, under, or 4 across the public rights-of-way. 5 6 Micro wireless facility means a small wireless facility having dimensions no larger than 7 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, 8 if any, no longer than 11 inches. 9 10 Person shall include any individual , firm, association , joint venture , partnership, estate, 11 trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any 12 kind, successor, assignee, transferee, personal representative, and all other groups or 13 combinations, and shall include the city to the extent the city acts as a communications 14 services provider. 15 16 Place or maintain or placement or maintenance or placing or maintaining means to 17 erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate, 18 or relocate. A communications services provider that owns or exercises physical control 19 over communications facilities in public rights-of-way , such as the physical control to 20 maintain and repair, is "placing or maintaining" the facilities. A person providing service 21 only through resale or only through use of a third party's unbundled network elements is 22 not "placing or maintaining" the communications facilities through which such service is 23 provided. The transmission and receipt of radio frequency signals through the airspace 24 of the public rights-of-way does not constitute "placing or maintaining" facilities in the 25 public rights-of-way. 26 27 Public rights-of-way means a public right-of-way, public utility easement, highway, 28 street, bridge, tunnel , or alley for which the city is the authority that has jurisdiction and 29 control and may lawfully grant access pursuant to applicable law, and includes the 30 surface, the air space over the surface, and the area below the surface. "Public rights-of- 31 way" shall not include private property. "Public rights-of-way" shall not include any real or 32 personal city property, except as described above, and shall not include city buildings, 33 fixtures, poles, conduits, facilities, or other structures or improvements, regardless of 34 whether they are situated in the public rights-of-way. 35 36 Registrant means a communications services provider that has registered with the city 37 in accordance with the provisions of this article. 38 39 Registration or register means the process described in this article whereby a 40 communications services provider provides certain information to the city. 41 42 43 44 45 46 Page 4 of 16 Ord inance 20 , 2017 1 Small wireless facility means a wireless facility that meets the following qualifications: 2 3 Each antenna associated with the facility is located inside an enclosure of no more 4 than 6 cubic feet in volume or, in the case of antennas that have exposed elements. 5 each antenna and all of its exposed elements could fit within an enclosure of no 6 more than 6 cubic feet in volume; and 7 8 All other wireless equipment associated with the facility is cumulatively no more 9 than 28 cubic feet in volume . The following types of associated ancillary 10 equipment are not included in the calculation of equipment volume : electric 11 meters, concealment elements, telecommunications demarcation boxes, ground- 12 based enclosures, grounding equipment, power transfer switches, cutoff switches, 13 vertical cable runs for the connection of power and other services, and utility poles 14 or other support structures . 15 16 Utility pole, with regard to Chapter 62, means a pole or similar structure that is used 17 in whole or in part to provide communications services or for electric distribution, lighting, 18 traffic control, signage, or a similar function. The term includes the vertical support 19 structure for traffic lights but does not include a horizontal structure to which signal lights 20 or other traffic control devices are attached and does not include a pole or similar structure 21 15 feet in height or less . 22 23 Wireless facility means equipment at a fixed location that enables wireless 24 communications between user equipment and a communications network, including radio 25 transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and 26 backup power supplies, and comparable equipment, regardless of technological 27 configuration, and equipment associated with wireless communications. The term 28 includes small wireless facilities. The term does not include: 29 30 a. The structure or improvements on, under, within, or adjacent to the structure on 31 which the equipment is collocated; 32 33 b. Wireline backhaul facilities; or 34 35 c . Coaxial or fiber-optic cable that is between wireless structures or utility poles or 36 that is otherwise not immediately adjacent to or directly associated with a particular 37 antenna . 38 39 Wireless infrastructure provider means a person who has been certified to provide 40 telecommunications service in the state and who builds or installs wireless 4 1 communication transmission equ ipment, wireless facilities, or wireless support structures 42 but is not a wireless service provider. 43 44 Wireless provider means a wireless infrastructure provider or a wireless services 45 provider. 46 Page 5 of 16 Ordinance 20, 2017 1 Wireless services mean any services provided using licensed or unlicensed spectrum, 2 whether at a fixed location or mobile, using wireless facilities. 3 4 Wireless services provider means a person who provides wireless services . 5 6 Wireless support structure means a freestanding structure, such as a monopole, a 7 guyed or self-supporting tower, or another existing or proposed structure designed to 8 support or capable of supporting wireless facilities. The term does not include a utility 9 pole. 10 11 Sec. 62-192. Registration for placing or maintaining communications facilities in 12 public rights-of-way. 13 14 (a) A communications services provider that desires to place or maintain a 15 communications facility in public rights-of-way in the city shall first register with the city's 16 building department in accordance with this article. Subject to the terms and conditions 17 prescribed in this article, a registrant may place or maintain a communications facility in 18 public rights-of-way. 19 20 (b) A registration shall not convey any title, equitable or legal, to the registrant in the 21 public rights-of-way. Registration under this article governs only the placement or 22 maintenance of communications facilities in public rights-of-way. Other ordinances, 23 codes, or regulations may apply to the placement or maintenance in the public rights-of- 24 way of facilities that are not communications facilities. Registration does not excuse a 25 communications services provider from obtaining appropriate access or pole attachment 26 agreements before locating its facilities on the city's or another entity's facilities. 27 Registration does not excuse a communications services provider from complying with 28 all applicable city ordinances, codes , or regulations , including this article . 29 30 (c) Each communications services provider that desires to place or maintain a 31 communications facility in public rights-of-way in the city shall file a single registration with 32 the city, which shall include the following information : 33 34 (1) Name of the applicant; 35 36 (2) Name, address, and telephone number of the applicant's primary contact person 37 in connection with the registration, and the person to contact in case of an 38 emergency; 39 40 (3) For registrations submitted prior to October 1, 2001, the applicant shall state 41 whether it provides local service or toll service or both; 42 43 (4) Evidence of the insurance coverage required under this article and 44 acknowledgment that the registrant has received and reviewed a copy of this 45 chapter, which acknowledgment shall not be deemed an agreement; 46 Page 6 of 16 Ordinance 20, 2017 1 (5) The number of the applicant's certificate of authorization or license to provide 2 communications services issued by the Florida Public Service Commission, the 3 Federal Communications Commission, or other federal or state authority , if any; 4 and 5 6 (6) For an applicant that does not provide a Florida Public Service Commission 7 certificate of authorization number, if the applicant is a corporation , proof of 8 authority to do business in the State of Florida, such as the number of the 9 certificate from or filing with the Florida Department of State. 10 11 (d) The city shall review the information submitted by the applicant. Such review 12 shall be by the city engineer and the public services director or their designees. If the 13 applicant submits information in accordance with subsection (c) above, the registration 14 shall be effective, and the city shall notify the applicant of the effectiveness of the 15 registration in writing. If the city determines that the information has not been submitted 16 in accordance with subsection (c) above, the city shall notify the applicant, in writing, of 17 the non-effectiveness of the registration, and reasons for the non-effectiveness . The city 18 shall so reply to an applicant within thirty (30) days after receipt of registration information 19 from the applicant. Non-effectiveness of registration shall not preclude an applicant from 20 filing subsequent applications for registration under the provisions of this section . An 21 applicant has thirty (30) days after receipt of a notice of non-effectiveness of registration 22 to appeal the decision as provided in section 62-196 of the Code of Ordinances . 23 24 (e) A registrant may cancel a registration upon written notice to the city stating that 25 it will no longer place or maintain any communications facilities in public rights-of-way 26 within the city and will no longer need to obtain permits to perform work in public rights- 27 of-way . A registrant cannot cancel a registration if the registrant continues to place or 28 maintain any communications facilities in public rights-of-way . 29 30 (f) Registration does not in and of itself establish a right to place or maintain , or the 31 priority for the placement or maintenance of a communications facility in public rights-of- 32 way within the city but shall establish for the registrant a right to apply for a permit. 33 Registrations are expressly subject to any future amendment to or replacement of this 34 article and further subject to any additional city ordinances , as well as any state or federal 35 laws that may be enacted . 36 37 (g) A registrant shall renew its registration with the city's building department by April 38 1 of even numbered years in accordance with the registration requirements in this art icle , 39 except that a registrant that initially registers during the even numbered year when 40 renewal would be due or the odd numbered year immediately preceding such even 41 numbered year shall not be required to renew until the next even numbered year . Within 42 30 days of any change in the information required to be submitted pursuant to subsection 43 (c), except , as of October 1, 2001 , subsection (c)(3), a registrant shall provide updated 44 information to the city . If no information in the then-existing registration has changed , the 45 renewal may state that no information has changed . Failure to renew a registration may Page 7 of 16 Ordinance 20, 2017 1 result in the city restricting the issuance of additional permits until the communications 2 services provider has complied with the registration requirements of this article . 3 4 (h) An effective registration shall be a condition of obtaining a permit. 5 Notwithstanding an effective registration, permitting requirements shall apply. A permit 6 may be obtained by or on behalf of a registrant having an effective registration if all 7 permitting requirements are met. 8 9 Sec. 62-193. Notice of transfer, sale, or assignment of assets in public rights-of- 10 way. 11 12 If a registrant transfers, sells, or assigns its assets located in public rights-of-way 13 incident to a transfer, sale, or assignment of the registrant's assets, the transferee, buyer, 14 or assignee shall be obligated to comply with the terms of this article. Written notice of 15 any such transfer, sale, or assignment shall be provided by such registrant to the city's 16 building department within twenty (20) days after the effective date of the transfer, sale, 17 or assignment. If the transferee, buyer, or assignee is a current registrant, then the 18 transferee, buyer, or assignee is not required to re-register. If the transferee, buyer, or 19 assignee is not a current registrant, then the transferee, buyer, or assignee shall register 20 as provided in section 62-192 within sixty (60) days of the transfer, sale, or assignment. 21 If permit applications are pending in the registrant's name, the transferee, buyer, or 22 assignee shall notify the building official that the transferee, buyer, or assignee is the new 23 applicant after the requirements of this section are satisfied. 24 25 Sec. 62-194. Placement or maintenance of a communications facility in public 26 rights-of-way. 27 28 (a) A registrant shall at all times comply with and abide by all applicable provisions 29 of the state and federal law and city ordinances, codes, and regulations in placing or 30 maintaining a communications facility in public rights-of-way. 31 32 (b) A registrant shall not commence to place or maintain a communications facility 33 in public rights-of-way until all applicable permits, if any, have been issued by the city or 34 other appropriate authority, except in the case of an emergency. The term "emergency" 35 shall mean a condition that affects the public's health, safety, or welfare, which includes 36 an unplanned out-of-service condition of a pre-existing service. The registrant shall 37 provide prompt notice to the city of the placement or maintenance of a communications 38 facility in public rights-of-way in the event of an emergency and shall be required to obtain 39 an after-the-fact permit if a permit would have originally been required to perform the work 40 undertaken in public rights-of-way in connection with the emergency. The registrant 41 acknowledges that, as a condition of granting such permits, the city may impose 42 reasonable rules or regulations governing the placement, relocation, or maintenance of a 43 communications facility in public rights-of-way. Permits shall apply only to the areas of 44 public rights-of-way specifically identified in the permit. The city may issue a blanket 45 permit to cover certain activities, such as routine maintenance and repair activities that 46 may otherwise require individual permits . Page 8 of 16 Ordinance 20 , 2017 1 (c) As part of any permit application to place a new or replace an existing 2 communications facility in public rights-of-way, the registrant shall provide the following: 3 4 (1) The location of the proposed facilities, including a description of the facilities to 5 be installed, where the facilities are to be located , and the approximate size of 6 the facilities that will be located in public rights-of-way; 7 8 (2) A description of the manner in which the facility will be installed (i.e. anticipated 9 construction methods or techniques); 10 11 (3) A maintenance of traffic plan for any disruption of the public rights-of-way, in 12 accordance with the standards promulgated by the Florida Department of 13 Transportation; 14 15 (4) Information on the ability of the public rights-of-way to accommodate the 16 proposed facility, if available (such information shall be provided without 17 certification as to correctness, to the extent obtained from other persons); 18 19 (5) If appropriate , given the facility proposed , a certified estimate of the cost of 20 restoration to the public rights-of-way, subject to approval by the city engineer or 21 designee; 22 23 (6) The timetable for construction of the project, or each phase thereof, and the 24 areas of the city which will be affected; and 25 26 (7) Such additional information as the city finds reasonably necessary with respect 27 to the placement or maintenance of the communications facility that is the subject 28 of the permit application to review such permit application. 29 30 (d) To the extent not otherwise prohibited by state or federal law, the city shall have 31 the power to prohibit or limit the placement of new or additional communications facilities 32 within a particular area of public rights-of-way . 33 34 (e) All communications facilities shall be placed or maintained so as not to 35 unreasonably interfere with the use of the public rights-of-way by the public and with the 36 rights and convenience of property owners who adjoin any of the public rights-of-way . 37 The use of trenchless technology (i.e ., directional bore method) for the installation of 38 facilities in the public rights-of-way, as well as joint trenching or the co-location of facilities 39 in existing conduit, is strongly encouraged and should be employed wherever feasible. 40 The building official, public service director and city engineer or their designees may 41 promulgate reasonable rules and regulations concerning the placement or maintenance 42 of a communications facility in public rights-of-way consistent with this article and other 43 applicable law . 44 45 46 Page 9 of 16 Ordinance 20, 2017 1 (f) All safety practices required by applicable law or accepted industry practices and 2 standards shall be used during the placement or maintenance of communications 3 facilities . 4 5 (g) After the completion of any placement or maintenance of a communications 6 facility in public rights-of-way or each phase thereof, a registrant shall, at its own expense, 7 restore the public rights-of-way to their original condition before such work. If the 8 registrant fails to make such restoration within thirty (30) days , or such longer period of 9 time as may be reasonably required under the circumstances, following the completion 10 of such placement or maintenance, the city may perform restoration and charge the costs 11 of the restoration against the registrant in accordance with Section 337.402, Florida 12 Statutes, as it may be amended . For twelve (12) months following the original completion 13 of the work, the registrant shall guarantee its restoration work and shall correct, at its own 14 expense, any restoration work that does not satisfy the requirements of this article. 15 16 (h) Removal or relocation at the direction of the city of a registrant's communications 17 facility in public rights-of-way shall be governed by the provisions of Sections 337.403 18 and 337 .404, Florida Statutes, as they may be amended. 19 20 (i) A permit from the city constitutes authorization to undertake only certain activities 21 in public rights-of-way in accordance with this article, and does not create a property right 22 or grant authority to impinge upon the rights of others who may have an interest in the 23 public rights-of-way. 24 25 0) A registrant shall maintain its communications facility in public rights-of-way in a 26 manner consistent with accepted industry practice and applicable law. 27 28 (k) In connection with excavation in the public rights-of-way , a registrant shall , where 29 applicable, comply with the Underground Facility Damage Prevention and Safety Act set 30 forth in Chapter 556, Florida Statutes, as it may be amended . 31 32 (I) The registrant shall use and exercise due caution, care, and skill in performing 33 work in the public rights-of-way and shall take all reasonable steps to safeguard work-site 34 areas. 35 36 (m) Upon the request of the city, and as notified by the city of the other work, 37 construction , installation , or repairs referenced below, a registrant may be required to 38 coordinate placement or maintenance activities under a permit with any other work, 39 construction, installation, or repairs that may be occurring or scheduled to occur within a 40 reasonable time frame in the subject public rights-of-way, and the registrant may be 41 required to reasonably alter its placement or maintenance schedule as necessary so as 42 to minimize disruptions and disturbance in the public rights-of-way. 43 44 45 46 Page 10 of 16 Ordinance 20, 2017 1 (n) A registrant shall not place or maintain its communications facilities so as to 2 interfere with, displace, damage, or destroy any facilities, including, but not limited to, 3 sewers, gas or water mains, storm drains, pipes, cables, or conduits of the city or any 4 other entity's facilities lawfully occupying the public rights-of-way of the city. 5 6 (o) The city makes no warranties or representations regarding the fitness, suitability, 7 or availability of the city's public rights-of-way for the registrant's communications 8 facilities, and any performance of work, costs incurred, or services provided by the 9 registrant shall be at the registrant's sole risk. Nothing in this article shall affect the city's 10 authority to add, vacate, or abandon public rights-of-way, and the city makes no 11 warranties or representations regarding the availability of any added, vacated , or 12 abandoned public rights-of-way for communications facilities. 13 14 (p) The city shall have the right to make such inspections of communications 15 facilities placed or maintained in public rights-of-way as it finds necessary to ensure 16 compliance with this article. 17 18 (q) A permit application to place a new or replace an existing communications facility 19 in public rights-of-way shall include plans showing the location of the proposed installation 20 of facilities in the public rights-of-way. If the plans so provided require revision based upon 21 actual installation, the registrant shall promptly provide revised plans. The plans shall be 22 in a hard copy format or an electronic format specified by the city, provided such electronic 23 format is maintained by the registrant. Such plans in a format maintained by the registrant 24 shall be provided at no cost to the city. 25 26 (r) The city reserves the right to place and maintain, and permit to be placed or 27 maintained, sewer, gas, water, electric, storm drainage, communications, and other types 28 of facilities, cables, or conduit, and to do, and to permit to be done, any underground and 29 overhead installation or improvement that may be deemed necessary or proper by the 30 city in public rights-of-way occupied by the registrant. The city further reserves without 31 limitation the right to alter, change, or cause to be changed the grading, installation, 32 relocation, or width of the public rights-of-way within the limits of the city and within said 33 limits as same may from time to time be altered. Should the registrant be required to 34 relocate its facilities in conjunction with such installation and alteration, the registrant shall 35 be required to pay all costs associated with such relocation. 36 37 (s) A registrant shall, on the request of any person holding a permit issued by the 38 city, temporarily raise or lower its communications facilities to permit the work authorized 39 by the permit. The expense of such temporary raising or lowering of facilities shall be paid 40 by the person requesting the same, and the registrant shall have the authority to require 41 such payment in advance. The registrant shall be given not less than thirty (30) days' 42 advance written notice to arrange for such temporary relocation. 43 44 45 46 Page 11 of 16 Ordinance 20, 2017 1 (t) A wireless facility that is a portion of a communication facility, such as an antenna 2 ("wireless facility(ies)"), which is attached to a legally maintained vertical structure in the 3 public rights-of-way, such as a light pole or utility pole ("vertical structure(s)"), shall be 4 subject to the following criteria below and processed in accordance with the timeframes 5 specified in Chapter 337.401, Florida Statutes: 6 7 (1) Such wireless facilities may not extend more than tv.1entyten (~10) feet above 8 the highest point of the vertical structure (i.e., utility pole). Unless waived by the 9 City Council, the height of a new utility pole is limited to the tallest existing utility 10 pole as of July 1, 2017, located in the same right-of-way, other than a utility pole 11 for which a waiver has previously been granted, measured from grade in place 12 within 500 feet of the proposed location. If there is no utility pole within 500 feet, 13 the height of the new utility pole shall be limited to 50 feet; 14 15 (2) Such wireless facilities that are attached to a vertical structure located in public 16 rights-of-way that is fifteen (15) feet or less in width and is located adjacent to 17 real property used as a single-family residence shall be flush mounted to the 18 vertical structure; 19 20 (3) Such wireless facilities shall not have any type of lighted signal, lights, or 21 illuminations unless required by an applicable federal, state, or local rule, 22 regulation, or law; 23 24 (4) Such wireless facilities shall comply with any applicable Federal 25 Communications Commission Emissions Standards; 26 27 (5) The design, construction, and installation of such wireless facilities shall comply 28 with any applicable local building codes; 29 30 (6) No commercial advertising shall be allowed on such wireless facilities; and 31 32 (7) Any accessory equipment and related housing in the public rights-of-way that are 33 used in conjunction with such a wireless facility shall comply with any applicable 34 local rules, regulations, ordinances, or laws governing the placement and design 35 of such equipment; 36 37 (8) Any new or replacement poles shall be of similar design, material, and color to 38 the utility poles within 250 of feet in the same right-of-way, or as otherwise 39 approved; 40 41 (9) Wireless facilities, including ground-mounted equipment, shall be placed so as 42 to not interfere with the safe operation of traffic control equipment, sight lines or 43 clear zones for transportation, pedestrians. public safety purposes, or the free 44 flow of vehicular and pedestrian traffic; 45 46 Page 12 of 16 Ordinance 20, 2017 1 (10) The City may request that ground-mounted equipment use materials, colors, 2 textures, screening, and landscape that will blend into the natural setting and 3 surrounding built environment to minimize the visual impact, as permitted by 4 Section 337.401, Florida Statutes; 5 6 (11) The City may request ground-mounted equipment be placed no closer than 500 7 feet from existing ground-mounted equipment servicing the same carrier, as 8 permitted by Section 337.401, Florida Statutes; 9 10 (12) Ground-mounted equipment shall be placed so as to not interfere with the 11 intended purpose of the right-of-way, swales, or stormwater drainage features 12 and appurtenances. 13 14 (13) The City may deny a proposed collocation of a new small wireless facility in the 15 public rights-of-way if the proposed collocation materially interferes with 16 compliance with the Americans with Disabilities Act or similar federal or state 17 standards regarding pedestrian access or movement; 18 19 (14) The City may deny a proposed collocation of or a new small wireless facility in 20 the public rights-of-way if it materially fails to comply with the 2010 edition of the 21 Florida Department of Transportation Utility Accommodation Manual. 22 23 (u) Vertical structures, such as towers, having a sole purpose to serve as a mounting 24 devise for antennae, are express prohibited from being placed in the public rights-of-way, 25 except as permitted by Section 337.401, Florida Statutes. 26 27 Sec. 62-195. Suspension of permits. 28 29 (a) The city may suspend a permit for work in the public rights-of-way for one (1) or 30 more of the following reasons, subject to section 62-196 of this article: 31 32 (1) Violation of permit conditions, including conditions set forth in the permit, this 33 article, or other applicable city ordinances, codes, or regulations governing 34 placement or maintenance of communications facilities in public rights-of-way; 35 36 (2) Misrepresentation or fraud by registrant in a registration or permit application to 37 the city; 38 39 (3) Failure to properly renew or ineffectiveness of the registration; or 40 41 (4) Failure to relocate or remove facilities as may be lawfully required by the city. 42 43 (b) The building official shall provide notice and an opportunity to cure any violation 44 of subsections (1) through (4) above, each of which shall be reasonable under the 45 circumstances. 46 Page 13 of 16 Ordinance 20 , 2017 1 Sec. 62-196. Appeals. 2 3 Final, written decisions of the building official or designee suspending or denying a 4 permit, denying an application for a registration, or denying an application for renewal of 5 a registration are subject to appeal. An appeal must be filed with the building official within 6 thirty (30) days of the date of the final, written decision to be appealed. Any appeal not 7 timely filed as set forth above shall be waived. The planning, zoning, and appeals board 8 shall hear the appeal as set forth in article II, section 13 of the city's land development 9 regulations. The hearing shall occur within forty-five (45) days of the receipt of the appeal, 10 unless waived by the registrant , and a written decision shall be rendered within twenty 11 (20) days of the hearing. Upon correction of the grounds that gave rise to a suspension 12 or denial, the suspension or denial shall be lifted. 13 14 Sec. 62-197. Involuntary termination of registration. 15 16 (a) The city may terminate a registration if: 17 18 (1) A federal or state authority suspends, denies, or revokes a registrant's 19 certification or license to provide communications services; 20 21 (2) The registrant's placement or maintenance of a communications facility in the 22 public rights-of-way presents an extraordinary danger to the general public or 23 other users of the public rights-of-way, and the registrant fails to remedy the 24 danger promptly after receipt of written notice; or 25 26 (3) The registrant ceases to use all of its communications facilities in public rights- 27 of-way and has not complied with section 62-203 of this article. 28 29 (b) Prior to termination, the registrant shall be notified by the city engineer or 30 designee with a written notice setting forth all matters pertinent to the proposed 31 termination action, including which of subsections (1) through (3) above is applicable as 32 the reason therefor, and describing the proposed action of the city with respect thereto. 33 The registrant shall have sixty (60) days after receipt of such notice within which to 34 address or eliminate the reason or within which to present a plan satisfactory to the city 35 engineer or designee to accomplish same. If the plan is rejected, the city engineer or 36 designee shall provide written notice of such rejection to the registrant and shall make a 37 recommendation to the city council regarding a decision as to termination of registration. 38 A decision by a city to terminate a registration may only be accomplished by an action of 39 the city council. A registrant shall be notified by written notice of any decision by the city 40 council to terminate its registration. Such written notice shall be sent within seven (7) days 41 after the decision. 42 43 (c) In the event of termination, the former registrant shall: 44 45 46 Page 14 of 16 Ordinance 20 , 2017 1 (1) Notify the city of the assumption or anticipated assumption by another registrant 2 of ownership of the registrant's communications facilities in public rights-of-way ; 3 or 4 5 (2) Provide the city with an acceptable plan for disposition of its communications 6 facilities in public rights -of-way. If a registrant fails to comply with this subsection 7 (c), which determination of non-compliance is subject to appeal as provided in 8 section 62-196, the city may exercise any remedies or rights it has at law or in 9 equity, including , but not limited to, taking possession of the facilities where 10 another person has not assumed the ownership or physical control of the facilities 11 or requiring the registrant within ninety (90) days of the termination, or such 12 longer period as may be agreed to by the registrant, to remove some or all of the 13 facilities from the public rights-of-way and restore the public rights-of-way to their 14 original condition before the removal. 15 16 (d) In any event, a terminated registrant shall take such steps as are necessary to 17 render safe every portion of the communications facilities remaining in the public rights- 18 of-way of the city. 19 20 (e) In the event of termination of a registration, this section does not authorize the 21 city to cause the removal of communications facilities used to provide another service for 22 which the registrant or another entity that owns or exercises physical control over the 23 facilities holds a valid certification or license with the governing federal or state agency, if 24 required for provision of such service, and is registered with the city, if required. 25 26 Sec. 62-198. Existing communications facilities in public rights-of-way. 27 28 A communications services provider with an existing communications facility in the 29 public rights-of-way of the city has sixty (60) days from the effective date of this article to 30 comply with the terms of this article, including, but not limited to, registration , or be in 31 violation thereof. 32 33 (Sec. 62-199 -Sec. 62-206) (These sections shall remain in full force and effect as 34 previously enacted.) 35 36 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 37 hereby repealed . 38 39 SECTION 4. Should any section or provision of this Ordinance or any portion 40 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 41 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 42 43 SECTION 5. Specific authority is hereby granted to codify this Ordinance . 44 45 SECTION 6. This Ordinance shall become effective immediately upon adoption . 46 Page 15 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 20, 2017 PASSED this __ day of , 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 :\attomey_share\ORDINANCES\2017\0rdinance 20 2017 Wireless Infrastructure in City ROW.DOCX Page 16 of 16 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 2, 2017 Ordinance 21, 2017 Subject/Agenda Item Amendment to the City's Land Development Regulations First Reading and Public Hearing: A request initiated by Gardens Venture LLC to amend various sections of the City's Land Development Regulations. The proposed amendment will provide for a new use of Electric Automobile Showroom within the General Commercial (CG1) and Intensive Commercial (CG2) zoning districts; will provide defi nitions for Electric Automobile Showroom, Electric Automobile, and Hybrid Vehicle; will provide additional development standards for an Electric Automobile Showroom; and will prohibit the proposed use in the PGA Boulevard Corridor Overlay. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Development Compliance and Zoning Manager eh Wolfs , AICP ata 1e M. Crowl ey , AICP City ~ R. Max Lohman, Esq. Approved By: Originating Dept.: Planning & Zoning : Project Manager .C1( Erin Kelley Senior Planner [ J Quasi -Judicial [X] Legislative [X] Public Hearing ,__ ______ ____, Advertised: [X] Required [ J Not Required Date: 10/18/2017 Paper: Palm Beach Post [X] Not Re quired Finance: A c~ ' \ Tresha T homas Fees Paid: N/A Funding Source: [ J Operating [X] Other N/A Budget Acct.#: N/A Effective Date: N/A Expiration Date: N/A City Council Action: [ ] Approval [ J Approval w/ Conditions [ J Denial [ J Continued to: __ Attachments: • Deve lopment Application • Project Narrative • Ordinance 21, 20 17 EXECUTIVE SUMMARY Meeting Date: November 2, 2017 Ordinance 21, 2017 Page 2 of6 An Applicant-initiated request to amend Sections 78-159, Table 21: Permitted, Conditional, and Prohibited Uses; 78-221, PGA Boulevard Corridor Overlay; and 78-751, Definitions, of the City's Land Development Regulations to add a new Electric Automobile Showroom use to the Table of Uses, prohibit the proposed use in the PGA Boulevard Corridor Overlay, and to include a definition for Electric Automobile Showroom, Electric Automobile, and Hybrid Automobile. Staff is recommending approval. BACKGROUND The Applicant, Gardens Venture LLC, is seeking to open an electric automobile showroom for Tesla at the Gardens Mall. An electric automobile showroom differs from an automobile dealership because it is strictly a retail showroom for electric automobiles that is prohibited from maintaining any storage or stock of vehicles on site for sale. This market trend is seen on both the regional and national level. Similar facilities have opened regionally in the Town Center at Boca Raton Mall and at Dadeland Mall in Miami-Dade County. Amendments to those jurisdictions' Land Development Codes were completed addressing the unique nature of this type of use . Criteria was developed to mitigate any potential impacts that this use may have on the general health, safety, and welfare of the public. The City's current Land Development Regulations do not address this unique use. 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. Table 21: Permitted, Conditional, and Prohibited Use Chart RE RR10 RR20 RL1 RL2 RM RH RMH PO CN CG1 CG2 CR M1 M1A M2 P&I CONS PDA RETAIL & COMMERCIAL Showroom. Electric C* C* Automobile NOTE 25 Meeting Date: November 2, 2017 Ordinance 21, 2017 Page 3 of6 U) Additional standards. The following standards apply to specific uses as indicated in the "Note" column of Table 21. (25) Showroom, general. General showroom is an establishment where merchandise or services are displayed for advertising or sale purposes. Showrooms shall comply with the standards listed below. a. Showrooms shall not be designed, installed, or illuminated as a form of advertising. b. The merchandise or services displayed, advertised, or sold shall be consistent with the manner in which uses are established in these land development regulations as permitted uses, minor conditional uses, or prohibited uses. Showroom, Electric Automobile. An electric automobile showroom is a retail showroom for electric automobiles that meets the following additional criteria: a. An electric automobile showroom shall be approved as a Major Conditional Use. b. An electric automobile showroom shall be prohibited in any Mixed Use zoning district. c. Automobiles displayed shall not be elevated from the ground in any manner. d. No test drive shall be conducted on residential local streets. e. No on site automobile storage/stock beyond the showroom and automobiles for test drives is allowed. f. Automobiles on display within the showroom shall not be driven or sold from the premises, except after business hours to change/exchange showroom display automobiles. g. The outdoor sale and/or display of sales signage of electric automobiles is prohibited. h. No maintenance or repair of automobiles is permitted on site. i. The Electric Automobile Showroom use is limited to electric automobiles and other similar electric automobiles only. The use of other types of automobiles in conjunction with the Electric Automobile Showroom use, e.g., hybrid automobiles, personal water craft, trailers, motorcycles, recreational automobiles, commercial trucks and automobiles, mobile homes, buses, farm equipment, and similar automobiles is prohibited. j. No more than eight electric automobiles on site shall be used for test drive purposes at any given time. k. Showroom space is limited to a maximum size of 4,000 square feet with a maximum of four display vehicles permitted within the showroom space. Staff Comment: The Electric Automobile Showroom use has been added as a Major Conditional Use in General Commercial (CG-1) a_nd Intensive Commercial (CG-2) zoning districts, and is prohibited in the Mixed Use (MXD) zoning district. Electric Automobile Showrooms allow customers to view electric automobiles in a retail showroom setting and potentially purchase an automobile through an on line system over the internet. Conditions have been applied within Note 25 of Section 78-159, Table 21, to minimize and mitigate the potential for any visual, noise, and public safety impacts for surrounding uses, such as prohibiting the elevation of any display automobiles, test drives on residential local streets, outdoor sale of electric automobiles and signage for such, any maintenance or Meeting Date: November 2, 2017 · Ordinance 21, 2017 Page 4 of6 repair of automobiles on site, and limiting on site automobile storage/stock to those display automobiles in the retail showroom and those automobiles available for test drive purposes only. Operational conditions such as limiting the size of the facility, restricting both the number of display vehicles located within the showroom and the number of vehicles available for test drives, and ensuring that any test drives are not to be conducted on local residential streets are intended to ensure compatibility with surrounding uses. Overall, the criteria protects the health, safety, and general welfare of the residents of Palm Beach Gardens and provides consistency with the City's Comprehensive Plan. **** Sec. 78-221. -PGA Boulevard Corridor Overlay. (d)(1) b.3 . The following uses are prohibited: (iv) By example, but without limitation, any of the following uses: Auto, recreational vehicle, truck, and similar vehicle sales, storage, and repair; electric automobile showroom; wholesale, discount, and outlet stores; self storage buildings that directly front upon PGA Boulevard; outdoor self-storage; stores having a tenant space equal to or greater than forty thousand (40,000) gross square feet; single-entity retail establishments, unless otherwise provided in this division; intense commercial and industrial activities characteristic of the CG-2 and M-2 districts; mobile home parks; drive-in facilities unless as an accessory use to a bank or drug store; and night clubs, bars, and lounges as defined in section 78- 751. Staff Comment: The electric automobile showroom use has been prohibited within the PGA Boulevard Corridor Overlay District. This use has been prohibited to remain consistent with the position of other similar vehicle sales and storage. Repair uses are prohibited within the PGA Boulevard Corridor Overlay as well. **** Sec. 78-751 -Definitions. Electric automobile showroom means a retail sales showroom for electric automobiles. Electric Automobile means an automobile powered through a collector system by electricity from off-automobile sources, or may be self-contained with a battery. solar panels, or a generator to convert fuel to electricity. Electric automobiles use electric motors and motor controllers for propulsion in place of more common propulsion methods, such as the internal combustion engine . Hybrid Automobile means an automobile that utilizes more than one form of onboard energy to achieve propulsion . In practice. that means a hybrid will have a traditional internal combustion engine and a fuel tank. as well as one or more electric motors and a battery pack. Staff Comment: This creates a definition of electric automobile showroom, electric automobile, and hybrid automobile to provide descriptions of terms located in Chapter 78- 159, Table 21 , Note 25 of the City's Land Development Regulations. STAFF ANALYSIS Meeting Date: November 2, 2017 Ordinance 21, 2017 Page 5 of6 Staff reviewed and researched this use in other jurisdictions and the regulations that were required for this use in their Land Development Regulations Code. Miami-Dade County approved an Ordinance to provide for an electric vehicle retail showroom use permitted in the downtown Kendall urban center zoning district for Tesla at the Dadeland Mall. This Ordinance established development criteria to minimize any potential impacts to sound, visuals, and the health, safety, and welfare of the public. The City of Boca Raton permitted Tesla in the Boca Raton Mall as a Conditional Use for an indoor vehicle showroom with outdoor display and storage area of motor vehicles. Both Miami-Dade County and the City of Boca Raton permitted these uses within shopping malls and allowed test drive vehicles. Utilizing this research, staff collaboratively worked with the Applicant and the Development Review Committee to determine the permitted zoning districts and · prohibited zoning districts and overlays within the City of Palm Beach Gardens, definitions, and criteria that was most suitable and appropriate for the City of Palm Beach Gardens. These specific terms have been located in Chapter 78-159, Table 21, Note 25 of the City's Land Development Regulations. Staff focused on reviewing and outlining development criteria unique and distinguished from a general showroom and automobile dealership, as well as criteria to remain consistent in the City's approach to mitigate any potential disturbance to noise, odor, or visual impact that the proposed use could bring to the general health , safety, and welfare of the residents of Palm Beach Gardens. For example, identifying any potential impacts through reviewing specific test-drive policies and procedures, reviewing the hours of operation of the test drives and overnight automobile parking. Staff reviewed photometrics to ensure the area is adequately lit during the overnight hours to prevent any unsafe dark areas. Staff requested that language be added in Note 25 of Section 78-159 to prohibit elevated automobiles from the ground, prohibit on site automobile storage/stock beyond the showroom and test drive vehicles, and prohibit on site maintenance or repair of automobiles to ensure this use has no negative visual impacts. Additionally, language was added in Note 25 to ensure that vehicles on display within the showroom shall not be driven or sold from the premises except after business hours to change/exchange showroom display automobiles to ensure the general health, safety, and welfare of the general public and patrons of the Gardens Mall. Additionally, Electric Automobile Showrooms were appropriately listed only in the General Commercial (CG-1) and Intensive Commercial (CG2) zoning districts as Major Conditional Uses to ensure that the proposed use is permitted in the most appropriate zoning districts. This Land Development Regulations Amendment is consistent with the City's Comprehensive Plan that encourages an environmentally sustainable City through actions that reduce greenhouse gas emissions and other pollutants and reduces the use of non-renewable resources. Electric Automobile Showrooms effectively promote the proliferation of electric automobiles, thereby reducing greenhouse gas emissions produced by gas powered vehicles and having a positive impact on the environment. Meeting Date: November 2, 2017 Ordinance 21, 2017 Page 6 of6 Additionally, this LOR amendment is consistent with Policy 1.3.1.5 in which the City shall initiate proactive efforts to expand the economic base of the City while working within the framework of existing economic agencies and groups through the forging of alliances with major property owners in the attraction of new businesses. By allowing this unique use, the City, in coordination with the Applicant, can allow more flexibility within the economic market to bring new businesses into to the City, therefore expanding the economic base of the City of Palm Beach Gardens. PLANNING, ZONING, AND APPEALS BOARD (PZAB): The PZAB reviewed the subject petition at its meeting on October 10, 2017, and recommended approval to the City Council by a vote of 4 to 2. STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance 21, 2017 as presented on first reading. 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: 1 Planned Community Development (PCD} 1Planned Unit Development (PUD) 1 Amendment to PCD, PUD or Site Plan 17 Conditional Use 1 Amendment to the Comprehensive Plan 1 Administrative Approval 1 Administrative Appeal Project Name: Gardens Mall Telsa . Owner: Gardens Venture LLC r Annexation ,Rezoning 1 Site Plan Review 1 Concurrency Certificate 1Time Extension 1 Miscellaneous 17 Other !zoning Text Amendme nt Date Subm itted: I May 19, 2017 Applicant (if not Owner): ----------------------- Applicant's Address:. ___________ TelephoneNo .. _______ _ Agent: JMorton Planning & Landscap.e Archite.cture Contact Person: Jennifer Morton/ Lauren McClellan E-Mail: jmorton@imortor1l a.com / \MC:..C. \~\\o.......Q;)""'~lo,..~ Agent's Mailing Address:3920 RCA Boulevard, Suite 2002, Palm Beach Ga rdens, FL 33410 Agent's TelephoneNumber: (561) 371-9384 / (561) 721-4463 FOR OFFICE USE ONLY Petition Number: _____ _ Date & Time Received: _____ _ Fees Received Application$ Engineering$ _________ _ Receipt Number: ________ _ Architect: Engineer: ----------------------------- p I JMorton Planning & Landscape Architecture anner: ----------------------------- Landscape Architect: ------------------------- Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. G I L . North side of PGA Boulevard, between Fairchild Gardens Ave & Kew Gardens Ave enera ocat1on: Add 3101 PGA Boulevard ress: S . 06 T h" 42 R 43 ect1on: _______ owns 1p: _______ ange: ------- p rt C t IN b ( ) 52-43-42-06-02-000-1010 rope y on ro um er s: _____________________ _ 43.5 C z . CG-1 R dZ . NIA Acreage: urrent omng: equeste onmg: ------------------ Flood Zone _____ Base Flood Elevation (BFE) -to be indicated on site plan __ _ C C h . Pl d U D . . Commercial urrent ompre ens1ve an Lan se es1gnat1on: . . Shopping Mall Existing Land Use: --------------- Same Requested Land Use: -------------------- Proposed Use(s) i.e. hotel,singlefamlly resldence,etc.: Electric Vehicle Showroom Approximately 4,000 SF Proposed Square Footageby Use: ----- --------------------- ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): 2 Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} I. Ex.plain the nature of the request: See attached justification statement 2. What will be the impact of the proposed change on the surrounding area? See attached justification statement 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. See attached justification statement 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-30 I, Land Development Regulations)? See attached justification statement 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? See attached justification statement 6. Has project received concurrency certification? NIA Date Received: 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 _o __ mile(s) from the intersectionof PGA Blvd _&_F_a_irc_h_il_d _G_a_rd_e_n_s_A_ve ____ , on the!L. ! north,Q east,OsouthLJwest side of PGA Boulevard (street/road). ----------------- 4 Statementof Ownership and Oesignatiomf AuthorizedA9&1t Before me, the undersigned authority, personally a~peared T_o_m_c_a_irn_e_s ____ _ 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. Th th / h . t' Conditional Use Approval & Zoning Text Amendment 1 .n the 2. a e s e 1s reques mg City of Palm Beach Gardens, Florida. 3. That he/she has appointed JMorton Planning & Landscape Architecture as authorized agent on his/her behalf to accomplish the above project. to act 100 Galleria Office Ctr, Suite 427 Street Address P. 0. Box TelephoneNumber By: Name/Title Southfield, Ml 48034 City, State, Zip Code City, State, Zip Code Fax Number L04cn ltE:>e,"?i1€-fe~'"f'~-. CCff E-mail Address Sworn and subscribed before me this 1 tL day of f'.\A-Y . 10 I ] E) ltt~ g~(,4 £3 ~ Notary Public My Commission expires: ( -{ 1-J..Ol l ~·mf"~l:'••,,,, DIANE SANDERS BORON !~ ~\ Notary Public • State of Florida ~ · ! · J Commission # GG 041954 •":,. ,.s· -..,,•,~ =~/ My Comm. Expires Jan 17 2021 ~m=~ • ''"""'' Bonded through Nalional Nolary Assn 5 Applicant's Certification I/We affinn 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: r Owner r Optionee r Lessee 17 Agent r Contract Purchaser Jennifer Morton/JMorton Planning & LA Print Name of Applicant 3920 RCA Boulevard, Suite 2002 Street Address Palm Beach Gardens, FL 33410 City, State, Zip Code (561) 721-4461 TelephoneNumber NIA Fax Number jmorton@jmortonla.com E-Mail Address 6 : ,·: ·-,;',·~<-':.'.a Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 ., .. Permit# ________________ _ '-... .• •: 1 1 Financial Responsibility Form The owner understands that all City-Incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month . The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Planning and Zoning Department if the name and/or address of the responsible party changes at anytime duri~rocess. ~~~ :5:q-17 Owner signature Date Tom Ca irnes Owner printed name Property Control Number DESIGNEE/BILL TO: Forbes/Cohen FL. Prop _3_10_1_P_G_A_B_o_u_le_v_a_rd _____________ ~~ Palm Beach Gardens. FL 33410 Designee Acceptance Signature NOTARY ACKNOWLEDGEMENT STATE OF t LOY-( c fJA COUNTY OF p ft L/1 f!> cA-C. (1 I hereby certify that the foregoing instrument was acknowledged before me this q ~ay of /lf A:Y . 201] by [Oft e.A I f\AJ ~.$ He or she is personally knQYiD to me or has produced -------,..----------as identification. Q {&u _g CL~ Eco~ Notary public signature Printed name State of 1::-L O RlPA at-large My Commission expires : / -{ < -d O d-, f ,,,~~~~"'•,,, DIANE SANOERS BORON /m\ Notary Public · Stale of Floru1 .1 : • • •: Commission , GG 0419 54 \i~ 'r!;~/ My Comm . Expires Jan 17. 2021 '•,t ,?r,f.~,,,•' Bonded thr ough National Noia, y Ass n Request GARDENS MALL TESLA ZONING TEXT AMENDMENT & CONDITIONAL USE APPLICATION Submitted: May 19, 2017 Resubmitted: August 18, 2017 Resubmitted: September 1, 2017 On behalf of the Applicant, }Morton Planning & Landscape Architecture is proposing to amend the City's Zoning Code to add a new use "Electric Automobile Showroom". See attached Exhibit A for full Zoning Text amendment. This new use is being proposed as a major conditional use within the CG1 zoning district. It is the Applicant's intent to locate an electric automobile showroom in the Gardens Mall. The Gardens Mall Property has a future land use designation of Commercial and a CG1 zoning designation. This proposed electric automobile showroom will be for a Tesla store/showroom similar to the one shown in the picture below. As pictured, the Tesla showroom provides a location for customers to view automobiles up close as well as sit with a customer service representative to pick out various options available for that particular model. The automobiles stationed inside the retail bay are programmed to a factory setting that will ensure the safety of the customers within the store as well as those in the Gardens Mall. This factory setting will disable specific features of the car and make it incapable of being operated as further discussed below. One of the purposes of the showroom is to display the automobiles. While at the showroom, if th e customer purchases an automobile, the custom er then selects the model, exterior color, interior color and other options available based on the packages selected. The customer service representative inputs that information into the online system. Customized automobiles are then manufactured and delivered to one 391 O RCA Blvd. Suite 1015 I Palm Beach Gardens, FL 33410 I 56 1.500.5060 I office@jmortonla .com emai l Page 12 of Tesla's Service Centers for pick-up by the customer. No automobiles are delivered to the showroom for pick-up by customers. Below are additional pictures of the existing showroom located at the Town Center at Boca Raton Mall. The test drive automobiles and charging stations for the Tesla showrooms are located outside of the mall within close proximity of the retail bay. These spaces are reserved parking spaces specifically for Tesla and signed accordingly as shown in the pictures below from the Town Center Mall at Boca Raton and Santana Row in San Jose, CA. These spaces are only convenient to the Mall's shipping/receiving entry/exit doors. The spaces are currently utilized by Mall and store employees; therefore, customers of the Mall will not be impacted. Regarding test drives, Tesla will provide eight (8) automobiles for test drives. These automobiles are parked in the parking lot outside of the closest mall entry and are only for test drives and demonstration. These eight (B) spaces will be separated from the general parking spaces by the addition of a new landscape planting island. 3910 RCA Blvd. Suite 1015 I Palm Beach Gardens, FL 33410 I 561 .500 .5060 I office@jmortonla.com email Page 13 Town Center Mall, Boca Raton, FL Santana Row, San Jose, CA Santana Row, San Jose, CA Justification Statement The Gardens Mall, which opened its doors in 1988, is a 1.4 million square foot shopping center that features over 150 fine specialty shops. As mentioned above, the Gardens Mall Property has a CG-1 zoning designation. According to the City's Land Development Code, '7he CG-1 general commercial district provides both the retail goods and services supplied by the neighborhood business districts and the wider range of retail goods and services required by residents or a group of neighborhoods. This district is not intended to be suited for outdoor sales activities. The district shall be primarily oriented to intersections of major thoroughfares within the city. 11 The Applicant is proposing to locate a Tesla showroom on the upper level of the Gardens Mall across from Saks Fifth Avenue and to the west of Macy's. The floor plan of the Gardens Mall has been attached as Exhibit 8 to identify the specific location of the proposed retail bay. The proposed test drive automobile parking/charging spaces are located within the parking area closest to Saks Fifth Avenue and are shown on the attached Exhibit C. 1. Explain the nature of the request: The Applicant is requesting a zoning code amendment to create a new use called, "Electric Automobile Showroom." This new use is being proposed as a major conditional use within the CG-1 and CG-2 zoning districts and additional criteria is being added which will ensure that only factory direct automobile sales are permitted for these electric automobile showrooms. Finally, the zoning code is proposed to be modified to prohibit electric automobile showrooms within the PGA Boulevard Overlay. The Applicant is requesting to locate a Tesla Showroom within the Gardens Mall. This use will be classified under the new "Electric Automobile Showroom" category, thus necessitating the concurrent Major Conditional Use Request. The attached materials identify the proposed location of the Tesla showroom as well as the test drive automobile parking spaces. 2. What will be the impact of the proposed change on the surrounding area? The proposed electric automobile showroom will have no impact on the surrounding area as it is proposed to be located within an existing internal retail bay of the Gardens Mall. The parking spaces 3910 RCA Blvd . Suite 1015 I Palm Beach Gard ens, FL 33410 I 561 .500 .5060 I office@jmortonla.com email Page 14 reserved for test drive automobiles are proposed to be located within the existing parking area of the Gardens Mall which does not face any major rights-of-way. The propose test drive spaces will be separated from the general parking by the additional of a new landscape planting island. All automobile test drives will utilize the mall feeder road to access the major rights-of-way surrounding the mall thereby become part of the existing normal traffic pattern. In addition, Tesla sales representatives will be with the customer at all times to ensure that the test drives do not occur within the surrounding residential neighborhoods. A specified route will be followed for all test drives. These proposed test drive routes will give the customer the ability to experience driving the car on local roads as well as on the highway. As with all car manufacturers and dealers, customers are required to obey speed limits and all laws during the test drive. Tesla's general policies and procedures require all test drives to be scheduled by appointment only and test drive customers are accompanied by a Tesla employee at all times throughout the test drive. When arriving for a test drive appointment each customer signs a test drive agreement that ensures they are licensed to operate a automobile in the applicable area, and that they are responsible for their actions and driving in a safe manner consistent with all applicable laws. Tesla's policies and procedures further dictate that customers are then taken out to the test drive cars and given an overview of the features of the car and how it operates. Accompanied by the Tesla employee, they then take the test drive along a predetermined route which ends back at the store location . The attached Exhibit D identifies three (3) routes to be used by Tesla representatives and potential customers. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan -Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open Space, Intergovernmental Coordination and Capital Improvement. The proposed request is not a rezoning. The Applicant is requesting a code amendment and major conditional use to allow an electric automobile showroom to located within the existing Gardens Mall. These proposed changes will allow for a new use not originally contemplated by the City's Comprehensive or Zoning Code. Electric automobiles are becoming more popular as consumers become more environmentally conscious. Electric automobiles do not rely on fossil fuels, therefore are considered to be a more sustainable automobile than typical automobiles that use a combustion engine that runs on gasoline. 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 use will occupy an existing retail bay within the Gardens Mall. Additionally, the proposed test automobile parking/charging stations are proposed within the existing parking lot. No native resources or vegetation will be removed, altered or relocated with this proposed request. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? The proposed request to allow the electric automobile showroom will not require compliance with the Art in Public Places provision of the City's code. The Gardens Mall is already an existing development and no additional development is being proposed. 391 O RCA Blvd. Suite 1015 I Palm Beach Gardens, FL 33410 I 56 1.500.5060 I office@jmortonla.com email Page IS Conditional Use Criteria The proposed Electric Automobile Showroom meets City Code Section 78-52 related to Major Conditional Use requests as further discussed below. 1. Comprehensive Plan. The proposed use is consistent with the Comprehensive Plan. The proposed electric automobile showroom is essentially a retail establishment that will be located within an existing bay of the Gardens Mall. The Gardens Mall is an existing commercial use that is appropriately located within the Commercial Future Land Use designation. The proposed automobile showroom's location within the Gardens Mall meets the intent of the Commercial future land use category as the mall is co-located with other commercial and mixed-use developments and is located with direct access to PGA Boulevard which is a major arterial roadway. This proposed development and concurrent zoning code text amendment are more specifically consistent with the City's Comprehensive Plan as further described below. Future Land Use Objective 1.3.1 -"Expand the City's economic base by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate sites and timely provis ion of public utilities and services to stimulate such growth." • The electric automobile showroom is proposed to be located within the Gardens Mall which is already designated as commercial on the City's Future Land Use and Zoning Maps . The Gardens Mall property is already developed and served by public utilities and services. Approval of the proposed use will fill a vacant retail bay within the Gardens Mall, thus contributing to the City's economic base. Future Land Use Policy 1.3.1.1 -"Development orders and permits for future development and redevelopment activities shall be issued only in areas possessing the appropriate Future Land Use designation and that are consistent with the goals, objectives, and policies of this Comprehensive Plan." • The electric automobile showroom is proposed to be located within the Gardens Mall which is already designated as commercial on the City's Future Land Use Map. Future Land Use Policy 1.3.1.5 -"The City shall initiate proactive efforts to expand the economic base of the City, ... Strategies shall include improving communication and forging alliances with major property owners in order to coordinate efforts in attracting new businesses; accelerating the development approval process ... " · • Approval of the proposed use will fill a vacant retail bay within the Gardens Mall, thus contributing to the City's economic base. The Gardens Mall is owned by the Forbes Company (a major property owner in the City) which owns other high-end luxury shopping mall properties in Florida and Michigan. Approval of the Applicant's request will also bring a new business to the City. Tesla is an internationally recognized company that builds not only all-electric automobiles but also infinitely scalable clean energy generation and storage products. Future Land Use Objective 1.3.5 -"Maintain land development regulations that encourage sustainable development and support multi-modal mobility. 11 • Approval of the proposed electric automobile showroom will bring a new use to the City. This new use will be for a Tesla showroom, which is a company that believes "the faster the world stops relying on fossil fuels and moves towards a zero-emission future, the better. 11 The mission of Tesla 391 O RCA Blvd. Suite 1015 I Palm Beach Gardens, FL 33410 I 561.500 .5060 I office@jmortonla.com email Page 16 meets the definition of sustainable practices and approving this specific use and others in the future with similar ideals will contribute to the overall sustainability of Palm Beach Gardens. Future Land Use Policy 1.3.6.2-"The City shall encourage policies and actions that reduce greenhouse gas emissions and other pollutants and reduce the use of non-renewable natural resources." • As mentioned above, the proposed electric automobile showroom is a new use being proposed in the City. This use relies on a very specific direct sales method for electric automobiles. As technologies change and consumers continue to become eco-conscious, the use of alternative energy automobiles has increased within recent years. Allowing this new use will be consistent with this policy for the City to reduce the use of non-renewable natural resources including gasoline which is derived from fossil fuels. Conservation Goal 6.2 ~ "Encourage an environmentally sustainable City through action that reduce greenhouse gas emissions and other pollutants and reduce the use of non-renewable resources." • The consumer is now able to buy the car online after visiting a showroom and possibly test driving one of the automobiles available. This new direct sales method eliminates the need for a large parking lot that is full of automobiles available for purchase. This reduction in asphalt not only reduces the actual footprint of the use which frees up land, but also reduces the carbon footprint for that specific use. Furthermore, as mentioned above, the proposed electric automobile showroom is a new use being proposed in the City. This use will accommodate a new direct sales method for electric automobiles. As technologies change and consumers continue to become eco-conscious, the use of alternative energy automobiles has increased within recent years. Allowing this new use will be consistent with this goal for the City to encourage sustainable practices and reduce the use of non- renewable natural resources. Conservation Policy 6.2.1.2 -"Reduce pollution generated by motor automobiles by promoting cleaner burning, energy efficient automobiles, including hybrid automobiles and alternate fuels such as biodiesel and fuel cell technology, as well as through public education ... " • Approval of an electric automobile showroom falls directly in line with this policy. By approving this proposed code amendment and major conditional use, the City is sending a strong message that it supports and promotes the use of electric automobiles. As part of this approval, the site plan is being amended to add charging stations throughout the Property for electric automobiles which furthers this policy. 2. Chapter Requirements. The proposed use is consistent with all applicable requirements of this chapter. The proposed electric automobile showroom is consistent with all applicable requirements of the Land Development code. It is important to note that Zoning code text amendments are being proposed concurrent with this Major Conditional Use request in order to introduce a new use into the code that will allow the proposed electric automobile showroom. The Gardens Malls has five anchor departments stores and +/-140 retail tenants ranging from Brooks Brothers to Tiffany's to Williams/Sonoma. Tesla will be another retailer included among the list of stores at the Gardens Mall. Additional requirements and criteria have been proposed with the code amendments to ensure that the new use will be consistent with the City's land development code and comply with the City's vision and goals. 391 O RCA Blvd. Suite 1015 I Palm Beach Gardens, FL 33410 I 561.500.5060 I office@jmortonla.com email Page 17 3. Standards. The proposed use is consistent with the standards for such use as provided in Section 78- 159. The proposed use is consistent with new language being proposed under Section 78-159. As previously mentioned the proposed electric automobile showroom is essentially a retail establishment that will occupy an existing bay of the Gardens Mall. Additionally, the parking spaces that will be utilized on- site for the test drive automobiles will meet the requirements being added to the zoning code. 4. Public Welfare. The proposed use provides for the public health, safety, and welfare by: a. Providing for a safe and effective means of pedestrian access; b. Providing for a safe and effective means of vehicular ingress and egress; c. Providing for an adequate roadway system adjacent to and in front of the site; d. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and e. Providing adequate access for public safety purposes, including fire and police protection. The electric automobile showroom is proposed to be located within an existing retail bay of the Gardens Mall. The proposed use will not impact the public safety or welfare. Electric automobiles do not produce emissions as they do not have a combustion engine. The automobiles that are proposed to be located inside of the showroom will be programmed to ensure the safety of the customers within the store as well as those in the Gardens Mall. This factory setting will: • Disable ability to save favorites in web browser • Disable headlights and keep parking lights on • Limit audio volume • Disable air conditioning • Hide the security settings tab on the touchscreen • Prevent the car from driving even if the key is inside • Disable horn • Disable windshield washers and wipers The Gardens Mall property has an approved site plan. The Applicant is proposing to add eight (BJ charging stations for the test drive automobiles to park and charge as well as five (5) other electric automobile charging stations throughout the parking lot. These additional locations will have 2 outlets that any electric automobile may plug into utilizing the owners own charging cord and adapter. This proposed request specifically requires as further described below: a. The existing parking lot already provides safe and effective means of pedestrian access such as crosswalks and decorative paving treatments. b. The existing parking lot provides for safe and effective means of vehicular ingress/egress from adjacent rights-of-way as well as from the internal mall access roads. c. As mentioned above, the existing mall and parking lot are located with direct access to PGA Boulevard and other roadways. This existing roadway system provides for safe and efficient access to and from the Mall property. d. The Gardens Mall and parking lot are existing and the proposed major conditional use is not proposing to change the overall parking and site circulation configuration. The existing site has a ring road that provides interior access around the mall with direct access to the parking areas 3910 RCA Blvd. Suite 1015 I Palm Beach Gardens, FL 33410 I 561.500.5060 I office@jmortonla.com email Page IS which provides safe and efficient traffic circulation and parking opportunities for the entire Mall as well as the proposed use. The Gardens Mall site plan was originally approved with a parking requirement of 4.5 parking spaces per 1,000 sq. ft. of retail space. The current City code requires 4 parking spaces per 1,000 sq. ft. of retail. The Applicant has modified the site plan to recognize the current code parking generation rate requirement. No additional square footage is being proposed as port of the Applicant's request. It is also important to note that the Applicant is proposing eight (B) charging stations to accommodate the test drive automobiles as well as five (5) additional general electric automobile charging parking locations throughout the mall parking lot. Per the City code, these thirteen (13) parking spaces cannot be counted towards provided parking as they are electric car charging spaces. While the eight (B) Tesla test drive automobile parking spaces will be reserved and solely for use by Tesla, the other five (5) parking spaces are open to the general public to pork and charge their automobile. As part of this conditional use application, the Applicant is proposing to provide the additional electric automobile charging locations throughout the mall parking lot as electric automobiles are becoming more popular with consumers. As such, these electric automobile charging locations are beneficial to the City residents as well as the patrons of the Gardens Mall. e. Police and Fire have appropriate and adequate access to the existing Gardens Mall. The charging stations are proposed to be located in existing parking spaces that will be separated from the public parking by a landscape island. Two (2) fire suppressant devices are proposed to be located at the proposed charging stations. The Gardens Mall provides 24-hour security as well as roving security guards. The parking lot is monitored by security cameras in addition to the regular security patrols. Security is of utmost importance to the Property Owner as well as Tesla. 5. Screening and Buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: a. Noise; b. Glare; c. Odor; d. Ground-, wall-, or roof mounted mechanical equipment; e. Perimeter, interior, and security lighting; f. Signs; g. Waste disposal and recycling; h. Outdoor storage of merchandise and automobiles; Visual impact; and i. j. Hours of operation. The proposed electric automobile showroom will be located within the Gardens Mall. The retail boy is essentially a retail establishment that will not generate any of the negative impacts. The eight (8) test drive automobile parking spaces will be separated from the general parking spaces by the addition of a new landscape planting island. a. The proposed use will not generate any additional noise above that which is generated by any other typical retail use. b. The proposed electric automobile showroom will be contained within the existing mall and will therefore not generate any glare. The proposed test drive automobiles will not generate any glare above that which is generated by other automobiles driving or parking on mall property. 391 O RCA Blvd. Suite 1015 I Palm Beach Gardens, FL 33410 I 561.500.5060 I office@jmortonla.com email Page 19 c. The proposed use will be contained within the mall and will not generate any odor. The proposed test drive automobiles are electric which do not produce emissions thus not generating odor. d. The proposed showroom will be located within an interior bay of the existing mall and do not require any additional ground, wall, or roof mounted equipment to support that retail bay space. The proposed charging stations located within the parking lot will require the installation of ground mounted electric equipment. This equipment will solely be for use by Tesla for the purpose of charging the test automobiles. These charging stations will be installed in the parking spaces in conformance with City zoning and engineering standards. e. The existing parking lot, where the charging stations are proposed to be located, is lit. The Applicant installed additional lights in this area of the parking lot in 2011 to increase visibility and visibility at night. With these recent improvements, the area where the proposed charging stations are to be located will now be appropriately lit. f. The only signage being proposed is parking identification signage. Test drive parking spaces will utilize signage for the purposes of reserving spaces for the Tesla test drive automobiles only. The interior retail bay will have signage similar to every other retail space within the mall. This proposed signage will not impact the general public. g. The proposed electric automobile showroom will process trash and waste disposal the same as all other retailers within the Mall. The proposed use will not generate an excessive amount of garbage, as the proposed use does not receive regular product shipments that other typical retail stores do. h. The proposed electric automobile showroom will not have any outdoor storage of merchandise. Eight test drive automobiles are proposed to be parked outside in the parking lot. Test drive automobiles are for test drive purposes only and will not be sold from the Property/premises. The proposed spaces for these test automobiles will separated from the general parking spaces by a landscape island. Additionally, these spaces will be signed and only available to Tesla for their test drive automobiles. i. The proposed electric automobile showroom will not be visible as it is located as a retail bay within the existing Gardens Mall. The proposed parking/charging stations will be located within the existing parking area of the Mall. That parking area is already screened appropriately to reduce the visual impact on adjacent properties. The visual impact of the proposed use will be minimal. j. The hours of operation of the establishment will be the same as the Gardens Mall. Test drives will be scheduled so as not to extend beyond the mall hours of operation (Monday-Saturday 10AM- 9PM, with test drives ending at 8PM and Sunday 12PM-6PM, with test drives ending at 5PM}. 6. Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The proposed electric automobile showroom will utilize existing utility hook-ups for the bay in which it is locating. The proposed charging stations will be located so they minimize impacts on the existing parking lot. The parking spaces are located adjacent to the electric outlets running along the drive aisle. The Applicant simply needs to tap into this existing electric line shown on the proposed site plan. The Applicant has already met with the utility provider and the existing system will not be negatively impacted by the proposed charging stations. 7. Dimensional Standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. 3910 RCA Blvd. Suite 1015 I Palm Beach Gardens, FL 33410 I 561.500.5060 I office@jmortonla.com email Page I 10 The proposed electric automobile showroom will meet all dimensional requirements required by the City's land development code as it will occupy an existing bay within the Gardens Mall as well as existing parking spaces within the Gardens Mall parking lot. 8. Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. The Gardens Mall is not located within a neighborhood planning area of the City. The Gardens Mall is located outside of the PGA Overlay area as well. 9. Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development. The proposed electric automobile charging station will be located within the existing Gardens Mall and not impact area uses or the character of the area. As described above and required by the proposed zoning code language test drives will be limited to main roads and not impact any adjacent residential streets. As part of the proposed conditional use request, the Applicant has submitted a test drive route to be discussed with customers as part of the test drive experience. 10. Patterns of Development. The proposed use will result in logical, timely, and orderly development patterns. The proposed electric automobile showroom is proposed within a retail bay of the existing Gardens Mall. The proposed use will meet the changing demands of consumers for a more sustainable method of transportation that does not rely on fossil fuels. The Gardens Mall has already been designated as a commercial parcel and developed a large scale commercial development for a number of years. This corridor of the City is comprised mainly of intense commercial and office uses. The proposed use fits in with that existing development pattern. The proposed use is also keeping up with the latest trends and technology advances. Tesla is changing the way that society buys cars, much the same way as companies such as Amazon have changed the way that society buys other goods and products. 11. Purpose and Intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. As previously mentioned, the proposed electric automobile showroom will allow for the development/addition of a retail establishment that sells a more sustainable form of transportation than other personal automobiles that rely on fossil fuels. As further detailed above, the City's goals, objectives, and policies encourage sustainable development practices as well as bringing new businesses to the City. The addition of this proposed use furthers these goals, objectives and policies. 12. Adverse Impact. The design of the proposed use and structures will minimize any adverse impacts or impacts caused by the intensity of the use. The proposed electric automobile showroom will be located within the existing Gardens Mall, therefore not creating any additional impacts. The proposed charging stations are proposed to be located within the existing parking lot and therefore not require additional parking spaces or additional impervious area. The parking spaces will be separated from the general parking spaces by a new landscape planting island. The test drive automobiles will remain safely parked outside when 391 O RCA Blvd. Suite 1015 I Palm Beach Gardens, FL 33410 I 561.500.5060 I office@jmortonla.com email Page I 11 not on test drives and after business operation hours. It is common for many retailers within the Gardens Mall to have employees parked in the parking lot after hours to conduct essential functions such as stocking, cleaning, and inventory. For this reason, the mall has 24-hour roving security patrol and security cameras monitoring the parking Jot to ensure personal and property security of the mall, its tenants, employees, and customers. 13. Environmental Impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, stormwater management, wildlife, vegetation and wetlands. Looking at the specific site, the proposed electric automobile showroom will not have an environmental impact as it is proposed to be located within the existing Gardens Mall. Generally, the proposed use will allow for the sale of electric automobiles which do not emit carbon dioxide or other pollutants into the air. Thus, as a concept the electric automobile will have a positive impact on the environment. 391 O RCA Blvd. Suite 1015 I Palm Beach Gardens, FL 33410 I 561.500.5060 I office@jmortonla.com email : _J Exhibit A Proposed Zoning Text Amendment Sec. 78-159. -Permitted uses, minor and major conditional uses, and prohibited uses. Table 21: Permitted, Conditional, and Prohibited Use Chart P = Permitted Use C = Minor Conditional Use C* = Major Conditional Use Blank = Prohibited PUDs and PCDs = Permitted Uses by Development Order Approved by City Council R RR RR RL RL RL R R RM p C C C C M Ml M p co PD No E IO 20 1 2 3 M H H 0 N GI G2 R 1 A 2 &I NS A te RETAIL & COMMERCIAL Showroom, C C 25 General Showroom, Electric C* C* 25 Automobile (j) Additional standards. The following standards apply to specific uses as indicated in the "Note" column of Table 21. (25) Showroom, general. General showroom is an establishment where merchandise or services are displayed for advertising or sale purposes. Showrooms shall comply with the standards listed below. a. Showrooms shall not be designed, installed, or illuminated as a form of advertising. b. The merchandise or services displayed, advertised, or sold shall be consistent with the manner in which uses are established in these land development regulations as permitted uses, minor conditional uses, or prohibited uses. · Showroom, Electric Automobile. An electric automobile showroom is a retail showroom for electric automobiles that meets the following additional criteria: a. An electric automob il e showroom shall be approved as a Major Conditional Use. b. An electric automobile showroom shall be prohibited in the Mixed-Use zoning district. c. Automobiles displayed shall not be elevated from the ground in any manner. d . No test drive shall be conducted on residential local streets. e. No on-site automobile storage/stock beyond the showroom and automobiles for test drives is allowed. f. Automobiles on display within the showroom shall not be driven or sold from the premises: Pag e 1 except after business hours to change/exchange showroom display automobiles. g. The outdoor sale and/or display of sales signage of electric automobiles is prohibited . h. No maintenance or repair of automobiles is permitted on-site. i. The Electric Automobile Showroom use is limited to electric automobiles and other similar electric automobiles only. The use of other types of automobiles in conjunction with the Electric Automobile Showroom use; e .g. hybrid automobiles, personal water craft, trailers, motorcycles, recreational automobiles, commercial trucks and automobiles, mobile homes, buses, farm equipment, and similar automobiles is prohibited. j . No more than eight electric automobiles on-site to be used for test drive purposes. k. Showroom space is limited to a maximum size of 4,000 square feet with a maximum of four display vehicles permitted within the showroom space. Sec. 78-221 . -PGA Boulevard Corridor Overlay. ( d)( 1) b.3. The following uses are prohibited: (iv) By example, but without limitation, any of the following uses: Auto, recreational vehicle, truck, and similar vehicle sales, storage, and repair; electric automobile showroom; wholesale, discount, and outlet stores; self storage buildings that directly front upon PGA Boulevard ; outdoor self-storage; stores having a tenant space equal to or greater than forty thousand (40,000) gross square feet ; single-entity retail establishments, unless otherwise provided in this division; intense commercial and industrial activities characteristic of the CG-2 and M-2 districts; mobile home parks; drive-in facilities unless as an accessory use to a bank or drug store; and night clubs, bars, and lounges as defined in section 78-751. Sec. 78-751. -Definitions. The following words, terms and phrases, when used in these land development regulations , shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning: Electric automobile showroom means a retail sales showroom for electric automobiles. Electric Automobile means an automobile powered through a collector system by electricity from oU-- automobile sources, or may be self.-contained with a battery or solar panels. Electric automobiles use electric motors and motor controllers for propulsion, in place of more common propulsion methods such as the internal combustion engine. Hybrid Automobile means an automobile that utilizes more than one form of onboard energy to achieve propulsion. In practice. that means a hybrid w ill have a traditio nal intern al combustion engine rmd a fuel tank. as well as one or more electric motors and a battery pack. Page 2 1 ORDINANCE 21, 2017 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND 6 DEVELOPMENT. AT SECTION 78-159. PERMITTED USES, MINOR 7 AND MAJOR CONDITIONAL USES, AND PROHIBITED USES. BY 8 AMENDING TABLE 21: PERMITTED, CONDITIONAL, AND 9 PROHIBITED USE CHART, TO ADD ELECTRIC AUTOMOBILE 10 SHOWROOM; FURTHER AMENDING CHAPTER 78. AT SECTION 11 78-221 PGA BOULEVARD CORRIDOR OVERLAY BY REPEALING 12 SUBSECTION (d) AND READOPTING SAME, AS REVISED; 13 FURTHER AMENDING CHAPTER 78. AT SECTION 78-751 TO 14 ADOPT NEW DEFINITIONS "ELECTRIC AUTOMOBILE 15 SHOWROOM", "ELECTRIC AUTOMOBILE", AND "HYBRID 16 AUTOMOBILE"; PROVIDING THAT EACH AND EVERY OTHER 17 SECTION AND SUBSECTION OF CHAPTER 78. LAND 18 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS 19 PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 20 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 21 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 22 23 24 WHEREAS, the City Council of the City of Palm Beach Gardens has determined 25 that various sections of Chapter 78. of the City's Code of Ordinances need to be amended 26 to provide clarity, organization, and consistency; and 27 28 WHEREAS, this Ordinance was reviewed by the Planning, Zoning, and Appeals 29 Board, sitting as the Local Planning Agency, at a public hearing on October 10, 2017, and 30 the Board recommended approval by a vote of 4 to 2; and 31 32 WHEREAS, the City Council deems approval of this Ordinance to be in the best 33 interest of the health, safety, and welfare of the residents and citizens of the City of Palm 34 Beach Gardens and the public at large. 35 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 38 OF PALM BEACH GARDENS, FLORIDA, that: 39 40 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 41 42 SECTION 2. Chapter 78. Land Development of the Code of Ordinances of the City 43 of Palm Beach Gardens, Florida, is hereby amended at Section 78-159. Permitted uses, 44 minor and major conditional uses, and prohibited uses. by amending Table 21: Permitted, 45 Conditional, and Prohibited Use Chart and amending subsection 0)25; providing that 46 Section 78-159 . shall hereafter read as follows : Page 1 of 7 Ordinance 21 , 2017 1 Sec. 78-159. Permitted uses, minor and major conditional uses, and prohibited 2 uses. 3 4 (a) through (i) (These subsections shall remain in full force and effect as previously 5 adopted.) 6 7 Table 21: Permitted, Conditional, and Prohibited Use Chart 8 P = Permitted Use C = Minor Conditional Use C* = Major Conditional Use Blank = Prohibited PUDs and PCDs = Permitted Uses by Development Order Approved by City Counc il 9 0 0 Cl) T"'" N T"'" N ("') I ..-N <( z <( Q) ;;a 8 ..... UJ 0:::: 0:::: ...J ...J ...J ~ I ~ 0 z (.9 (.9 0:::: T"'" T"'" N 0 0 0:::: 0:::: 0:::: 0:::: 0:::: 0:::: 0:::: 0:::: 0:::: c.. (.) 0 (.) (.) ~ ~ ~ c.. c.. z RETAIL & COMMERCIAL Showroom, C* C* 25 Electric Automobile 10 11 U) Additional standards. The following standards apply to specific uses as 12 indicated in the "Note" column of Table 21. 13 14 (25) Showroom, general. General showroom is an establishment where 15 merchandise or services are displayed for advertising or sale purposes. 16 Showrooms shall comply with the standards listed below. 17 18 a. Showrooms shall not be designed , installed, or illuminated as a form of 19 advertising. 20 21 b. The merchandise or services displayed , advertised, or sold shall be 22 consistent with the manner in which uses are established in these land 23 development regulations as permitted uses, minor conditional uses, or 24 prohibited uses. 25 26 Showroom, Electric Automobile. An electric automobile showroom is a retail 27 showroom for electric automobiles that meets the following additional criteria : 28 29 a. An electric automobile showroom may be permitted only as a Major 30 Conditional Use. 31 32 b. Electric automobile showrooms are prohibited in all Mixed-Use zoning 33 districts. 34 35 c. Automobiles displayed shall not be elevated from the ground in any manner. 36 Page 2 of 7 Ordinance 21, 2017 1 d. Electric automobile test drives shall not be conducted on residential streets 2 within the city. 3 4 e. Stock or inventory of electric automobiles in excess of the showroom 5 displays and automobiles used for test drives is strictly prohibited. 6 7 f. Automobiles on display within the showroom shall not be driven or sold from 8 the premises, except after business hours to change/exchange showroom 9 display automobiles. 10 11 g. The outdoor sale and/or display of sales signage of electric automobiles is 12 strictly prohibited. 13 14 h. On site maintenance or repair of automobiles is strictly prohibited . 15 16 i. The Electric Automobile Showroom use is limited to electric automobiles. 17 The use of other types of automobiles or vehicles in conjunction with the 18 Electric Automobile Showroom use, including but not limited to hybrid 19 automobiles, personal water craft, trailers, boats, motorcycles, recreational 20 automobiles or vehicles, commercial trucks and automobiles, mobile 21 homes, buses, farm equipment, and similar automobiles is prohibited. 22 23 j. No more than eight electric automobiles shall be permitted on site to be 24 used for test drive purposes at any given time. 25 26 k. Showroom space is limited to a maximum size of 4,000 square feet with a 27 maximum of four display vehicles permitted within the showroom space. 28 29 I. The exchange, transfer, delivery, and/or change in possession or control of 30 an electric automobile is prohibited anywhere on the property upon which 31 an Electric Automobile Showroom is located. Vehicle delivery, transfer, 32 exchange or change in possession must occur off-site and outside the city 33 limits of the City of Palm Beach Gardens . 34 35 SECTION 3. Chapter 78. Land Development of the Code of Ordinances of the City 36 of Palm Beach Gardens, Florida, is hereby amended at Section 78-221 . PGA Boulevard 37 Corridor Overlay. by repealing subsection (d) and readopting same , as revised ; providing 38 that subsection (d) shall hereafter read as follows: 39 40 Sec. 78-221. PGA Boulevard corridor overlay. 41 42 (a) -(c) (These subsections shall remain in full force and effect as previously adopted.) 43 44 (d) Site development guidelines. 45 46 ( 1) District uses . Page 3 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 21, 2017 a. Application. The city wishes to continue to preserve and promote the unique character of the PGA Boulevard corridor, and to this end some uses shall be prohibited within the overlay which might be permitted in other zoning districts which are not subject to the overlay. b. Permitted and prohibited uses. Those uses permitted, conditionally permitted, and prohibited within the PGA Boulevard corridor overlay are listed below: 1. Permitted uses shall consist of the following: (i) Cultural, entertainment, and recreational uses: private club or lodge*; public park; and theater** (five hundred (500)-seat max.).:. (ii) Office uses: medical or dental office, clinic or supply sales; optician or optometrist office; and professional and business office. (iii) Personal services that are not wholesale or discount in nature: bank/financial institution (drive-thru lanes shall not face PGA Boulevard); banquet facility*; beauty salon (excluding stand-alone nail salons); catering service*; commercial marinas (waterfront only); convenience stores with gas sales and auto service stations that existed prior to September 20, 2006***; day spa; dry cleaning (pick-up and drop-off only); photo studio and processing; picture framing; studio* (instructional or professional); and travel agency. (iv) Public and institutional facilities: churches and places of worship**; . college or university, public or private**; governmental uses; hospital, public or private**; post office**; and schools, public or private**. (v) Research and light industrial uses: laboratory** (general, dental , or medical, or industrial research and development); minor utilities and accessory uses; self-storage**; and passenger and transit stations**. (vi) Residential uses: hotel; multifamily dwelling; and single-family dwelling. (vii) Specialty retail uses that are not wholesale or discount in nature: antique shop; appliance and/or electronics store; art gallery, museum, and/or studio; bakery; bookstore; bridal/formalwear store; camera and photography sales and service; candy, nuts, and confectionary sales; card store; clothing store; department store (specialty or full line); drug store (drive-thru lanes shall not face PGA Boulevard, provided stand-alone drug stores do not front upon PGA Boulevard; floral or florist shop; furniture store; gift shop; Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 21, 2017 grocery store (specialty); ice cream shop; interior design (including sales); houseware sales; jewelry store (including repair of jewelry and clocks); leather goods and luggage store; microbrewery/craft brewery/brew pub**; music and musical instrument sales; news and magazine sales; office equipment sales; optical retail sales; pottery shop; restaurant (no drive-thru; no exterior take-out windows); shoe store; specialty pet boarding** sporting goods sales; telecommunication equipment sales (for personal use only); tobacco shop; toy store; and video and video game rental and sales. * Minor Conditional Use approval required. ** Major Conditional Use approval required. Note: The conditional use criteria and additional standards for specific uses established in this Chapter shall apply to the uses established above. *** A convenience store with gas sales or an auto service station that existed prior to September 20, 2006 shall be permitted to expand its size provided the expansion does not result in more than a one percent traffic impact or an expansion of the existing land area of the site. Further, an auto service station shall be permitted to change its use to convenience store with gas sales. 2. A use not listed in paragraph 1 but possessing similar characteristics as defined in section 78-159 (f) may be established upon approval by the growth management director. Appeals to such determinations shall be made to the planning, zoning, and appeals board. 3. The following uses are prohibited: (i) Any use not listed as a permitted use, minor conditional use, or major conditional use in [subsection] 1. above. (ii) Any use not recognized as a similar use as provided in [subsection] 2. above. (iii) Any use not listed as a permitted use, minor conditional use, or major conditional use in the underlying zoning district. (iv) By example, but without limitation, any of the following uses : Auto, recreational vehicle, truck, and similar vehicle sales, storage, and repair; electric automobile showroom; wholesale, discount, and outlet stores; self storage buildings that directly front upon PGA Boulevard ; outdoor self-storage ; stores having a tenant space Page 5 of 7 Ordinance 21, 2017 1 equal to or greater than forty thousand (40 ,000) gross square feet; 2 single-entity retail establishments, unless otherwise provided in 3 this division; intense commercial and industrial activities 4 characteristic of the CG-2 and M-2 districts; mobile home parks; 5 drive-in facilities unless as an accessory use to a bank or drug 6 store; and night clubs, bars, and lounges as defined in section 78- 7 751. 8 9 (e) -(k) (These subsections shall remain in full force and effect as previously adopted.) 10 11 SECTION 4. Chapter 78. Land Development of the Code of Ordinances of the City 12 of Palm Beach Gardens, Florida is hereby amended at Section 78-751. Definitions. by 13 adopting new definitions "Electric automobile showroom", "Electric Automobile", and 14 "Hybrid Automobile" providing that the subject definitions shall be included in Section 78- 15 751 in alphabetical order; providing that subject definitions shall hereafter read as follows: 16 17 Sec. 78-751. Definitions. 18 19 The following words, terms and phrases , when used in these land development 20 regulations, shall have the meanings ascribed to them in this chapter, except where the 21 context clearly indicates a different meaning: 22 23 Electric automobile showroom means a retail sales showroom for the display of 24 electric automobiles. 25 26 Electric Automobile means an automobile propelled solely through the use of electric 27 motors and motor controllers for propulsion and does not utilize any type of combustion 28 or fuel cell to generate the electricity to power its electric motors. Electric automobiles are 29 typically powered through a collector system by electricity from off-automobile sources, 30 or may be self-contained with a battery, or solar panels . 31 32 Hybrid Automobile means an automobile that utilizes more than one form of onboard 33 energy to achieve propulsion. such as diesel-electric, gasoline-electric, and fuel cell 34 vehicles. Typically, a hybrid will have a traditional internal combustion engine and a fuel 35 tank, as well as one or more electric motors and a battery pack. 36 37 SECTION 5. All ordinances or parts of ordinances in conflict be and the same are 38 hereby repealed. 39 40 SECTION 6. Should any section or prov1s1on of this Ordinance or any portion 41 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 42 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 43 44 SECTION 7. Specific authority is hereby granted to codify this Ordinance. 45 46 SECTION 8. This Ordinance shall become effective immediately upon adoption . Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 21, 2017 PASSED this __ day of , 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 21 2017-Amending LOR-Electric Auto Showroom .docx Page 7 of 7 STAA,d : -, ; o 3 ~~~ 'f" CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 2, 2017 7:00 P.M. Mayor Marino Vice Mayor Marciano Councilmember Woods Councilmember Lane Councilmember Litt I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS I PRESENTATIONS: a. PALM BEACH GARDENS MEDICAL CENTER CEO DIANNE GOLDENBERG b. WEISS SCHOOL c. FPL SOLARNOW PROGRAM PRESENTATION 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 OCTOBER 12, 2017 CITY COUNCIL MEETING. b. RESOLUTION 75, 2017 -FLORIDA POWER & LIGHT MASTER AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A MASTER LICENSE AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . raJ~ ",,<) . c . PURCHASE AWARD -REAL ESTATE BROKERAGE SERVICES (PUBLIC WORKS PROPERTY). d. PURCHASE AWARD -PURCHASE OF BUNKER GEAR FOR FIRE RESCUE DEPARTMENT. e. PURCHASE AWARD -PURCHASE OF BOOM TRUCK FOR PUBLIC SERVICES . f . PROCLAMATION -EPILEPSY AWARENESS MONTH . g . PROCLAMATION -NATIONAL GIS DAY. h. PROCLAMA TON , NATIONAL HOSPICE & PALLIATIVE CARE MONTH. i. PROCLAMATION -WORLD PANCREATIC CANCER DAY . IX. PUBLIC HEARINGS: <* Designates Quasi-Judicial Hearing) a. b . ORDINANCE 20, 2017 -(1 5T READING) AMENDING CHAPT ER 62 OF T HE LAND DEVELOPMENT REGULATIONS FOR WIRELESS FACILITIES . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 62 OF THE CITY'S CODE OF ORDINANCES TO PROVIDE FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES ON EXISTING UTILITY POLES OR THE INSTALLATION OF NEW UTILITY POLES TO SUPPORT THE COLLOCATION OF SMALL WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES IN CITY-OWNED RIGHTS-OF-WAY AND AMENDING THE DEFINITIONS TO BE CONSISTENT WITH SECTION 337.401 , FLORIDA STATUTES; PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES. ORDINANCE 21 , 2017 -(1 5 T R EADING) AMEND PGA CORRIDOR CHART O F US ES . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-159. PERMITTED USES, MINOR AND MAJOR CONDITIONAL USES , AND PROHIBITED USES. BY AMENDING TABLE 21: PERMITTED , CONDITIONAL, AND PROHIBITED USE CHART, TO ADD ELECTRIC AUTOMOBILE SHOWROOM ; FURTHER AMENDING CHAPTER 78. AT SECTION 78-221 PGA BOULEVARD CORRIDOR OVERLAY BY REPEALING SUBSECTION (d) AND READOPTING SAME , AS REVIS ED ; FURTHER AM ENDING CHAPTER 78. AT SECTION 78-751 TO ADOPT N EW DEFINITIONS "ELECTRIC AUTOMOBILE SHOWROOM", "ELECTRIC AUTOMOBILE", AND "HYBRID AUTOMOBILE"; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVE LOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PR EVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , A ND AUTHORI TY TO CODI FY ; PROVIDING AN EFFECTIVE DATE; AND FOR OT HER PURPOSES . X. RE SOLUTIONS : XI. ITE MS F OR C OUNC I L ACTION/DISCUSS ION: XII. C I TY ATTORNE Y 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. CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 2, 2017 7:00 P.M. Mayor Marino Vice Mayor Marciano Councilmember Woods Councilmember Lane Councilmember Litt I. ~ PLEDGE OF ALLEGIANCE II. V ROLL CALL , Ill -t\DDITIONS, DELETIONS, MODIFICATIONS: IV V ANNOUNCEMENTS I PRESENTATIONS: a. PALM BEACH GARDENS MEDICAL CENTER CEO DIANNE GOLDENBERG b . WEISS SCHOOL c. FPL SOLARNOW PROGRAM PRESENTATION V. JITEMS 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. v1:JTY MANAGER REPORT: VIII. CONSENT AGENDA: a . b . APPROVE MINUTES FROM OCTOBER 12, 2017 CITY COUNCIL MEE T ING . RESOLUTION 75, 2017 -FLORIDA POWER & LIGHT MASTER AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A MASTER LICENSE AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . PURCHASE AWARD -REAL ESTATE BROKERAGE SERVICES (PUBLIC WORKS PROPERTY). PURCHASE AWARD -PURCHASE OF BUNKER GEAR FOR FIRE RESCUE DEPARTMENT. e . PURCHASE AWARD -PURCHASE OF BOOM TRUCK FOR PUBLIC SERVICES. f . PROCLAMATION-EPILEPSY AWARENESS MONTH . g . PROCLAMATION-NATIONAL GIS DAY. h. PROCLAMATON -NATIONAL HOSPICE & PALLIATIVE CARE MONTH . i. PROCLAMATION -WORLD PANCREATIC CANCER DAY. IX. PUBLIC HEARINGS:<* Designates Quasi-Judicial Hearing) a . b. ORDINANCE 20, 2017 -(1 8T READING) AMENDING CHAPTER 62 OF THE LAND DEVELOPMENT REGULATIONS FOR WIRELESS FACILITIES . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, AMENDING CHAPTER 62 OF THE CITY 'S CODE OF ORDINANCES TO PROVIDE FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES ON EXISTING UTILITY POLES OR THE INSTALLATION OF NEW UTILITY POLES TO SUPPORT THE COLLOCATION OF SMALL WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES IN CITY-OWNED RIGHTS-OF-WAY AND AMENDING THE DEFINITIONS TO BE CONSISTENT WITH SECTION 337.401 , FLORIDA STATUTES ; PROVIDING FOR A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ORDINANCE 21 , 2017 -(18T READING) AMEND PGA CORRIDOR CHART OF USES . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, AMENDING CHAPTER 78 . LAND DEVELOPMENT. AT SECTION 78-159. PERMITTED USES, MINOR AND MAJOR CONDITIONAL USES , AND PROHIBITED USES . BY AMENDING TABLE 21 : PERMITIED, CONDITIONAL, AND PROHIBITED USE CHART, TO ADD ELECTRIC AUTOMOBILE SHOWROOM ; FURTHER AMENDING CHAPTER 78. AT SECTION 78-221 PGA BOULEVARD CORRIDOR OVERLAY BY REPEALING SUBSECTION (d) AND READOPTING SAME , AS REVISED ; FURTHER AMENDING CHAPTER 78. AT SECTION 78-751 TO ADOPT NEW DEFINITIONS "ELECTRIC AUTOMOBILE SHOWROOM ", "ELECTRIC AUTOMOBILE", AND "HYBR ID AUTOMOBILE"; 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 . X. -RESOLUTIONS: XI. v"h'EMS FOR COUNCIL ACTION/DISCUSSION: XII. ~ITY ATTORNEY REPORT: XIII. v:{DJOURNMENT 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. NArvIE: COl\1:MENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL ADDRESS:_~..:...=....__.1_~~:y_~~~d..._.r:::::::_~===---=------ CITY: SUBJECT: 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. COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: S\1?~ ADDRESS: S:--b o b f &-~ \7 Lue CITY: ---cPBG=---=------------Z-IP-: --- SUBJECT: y6-t,-c:=ovr vdu---~ oc. 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. C011MENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: /(9 v U-4' ~d'N ADDRESS: ---~-~-l~l _U/ __ 0_1'\-. __ l]:,..._....,,,_.,..., ____ AJ"'--~------ CITY: f .!z Ce_ ZIP: SUBJECT: tfvh{1L-Cua..,.fM C 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. C01\11v.IBNTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: V. e::G-$~ A ~ ~ .)J ADDRESS: \ \ l ' OQ \/,Jo c_o CITY: ZIP: 5:, 'f I C> SUBJECT: _/ ITEM ON THE AGENDA: YES: NO: Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. This request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment · cards must be filled out for each specific Agenda Item about which you wish to speak. CO:M:rv.IBNTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAfvIB: ~ue Ma.vka.v-1~a.vt ADDRESS: Z/':J /JJ.~ c'.o .. cO«:Do cJ~v CITY: =ult-<.(~~~< ~v-M20$ {ip: ~ 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. CO:M:MENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLE A SE PRINT NAN.tE: JR t,S .Sc.tJ €sJ 6C ADDRESS: )02 't .J'tf:9/...A ~/CS e111. t.J CITY: ZIP: E Y /0 SUBJECT: eu (J l\ e li>fVl Ill a) ( -C:i::l M--10/l C!ifrV~c[) 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. COMN.IBNTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: <J25d::r Cc Jc Cor>f\Qf'j ADDRESS: 5' Q OJ. \Ji~ L h tt' l1 o 'j CITY: _1)-'----"--'-, B-,--~-. --------ZIP: 339, 9 SUBJECT: :fe< r" LI m :15 ~ C):{' C ,·x ~ C Q\.)OC,; \ 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 NAME: COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL ADDRESS: / / 77-f U ~Tn tJ ~ R._ CITY: e---'• €:,_(.:> __ ..............-, ______ ZIP: 3 3 Lf f'? SUBJECT: _JR ............ ~~_H _ __.____J_H_l_'tl~--------- ITEM ON THE AGENDA: YES: :p 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 (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:tvtENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: Smµlt:'1 l)A Ur !<le TT (Jn.. ADDRESS: 4'-/00 P6~ {j)vtl ~u,d-2-3o'-/ CITY: PAIi"! fpt;,~ '6~~ J rl,.rJ,o.-~o ZIP: 53'1 Io SUBJECT: .fM.M /,,.,., b 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 o(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. COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT ~ NAME: ,;;311 u~-- c;c}/ 61 d ~~ :;~ss: ~ ~~ -/f;~Jzr2: 33 9{g SUBJECT: ~ 4.(2,..VC4.Uht ITEM ON THE AGENDA: YES: NO: .x: - 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. NAME: ADDRESS: C I TY: SUBJECT: COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL ---x-""'"-="---'~---f-'lll!e......:=::..,,.._-~---&....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. COMMENTS FROM TIIB PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT Q_ r' NAME: ~l'c ,\u.bL ; £ ( ~~SS: ===~==~:a:~:o:~::t::_---'\-'~___,~~._..._.....,'~o.,,:;;..=-::~~-ZIP-:-~-'f-l-(' SUBJECT: -f .ebN\ L~u~ 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. PLEASE PRINT Meeting Date: 11/2/2017 COMMENTS FROM THE PUBLIC c'.ffBnsit Oriented De, eluptncnt ~ Mobilitv in lbe G a tdeus -A WoFk in Progress -e..Q.v .t.,r ,n ~ 0 r C.SJ CAY( u -1 JJ UL® Name:-~_......_ -h' ___ { --"--"'G....__.....e+/i_·~------ Address: __ 4.:..._;;-_S_o _ _,_H-'-'t,..__' c.£_0_~-1--"""""-Q_,__,_• ________ _ City: __ ~......_Wm..-.........---=-&a--=--=@~~~-~--=--=-S _____ _ Subject: Sa far C,---np IA'\ Pakr /l.«d,, ~ . ~tf/4'>1 .. I · /Yltdi&)> 11/ts , ,? L tJ -t-'/ 1, . G, er£ J-he ~'k ,t --f L s u 11 • o ·~. '' ~ i ll-form~11 ·CfYl - Members of the public may address the City Council during the "Comments by the Public" portion of the agenda. This request to address to the City Council must be delivered to City· Clerk staff member prior to the commencement of the meeting. The time limit for each speaker is limited up to three (3) minutes depending on the amount of comment cards submitted. All cards will be kept on file in the City Clerk's office and will become public record. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, in 2017, an estimated 53,670 people in the United States will be diagnosed with pancreatic cancer, one of the deadliest cancers, and 43,090 will die from the disease; and WHEREAS, pancreatic cancer is one of the deadliest cancers, is currently the third leading cause of cancer death in the United States, and is projected to become the second leading cause by 2020; and, WHEREAS, pancreatic cancer is the only major cancer with a jive-year relative survival rate in the single digits at just nine percent; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is generally in the later stages, and 71 percent of pancreatic cancer patients die within the first year of their diagnosis, while 91 percent of pancreatic cancer patients die within the first five years; and WHEREAS, approximately 3,170 deaths will occur in Florida in 2017; and WHEREAS, pancreatic cancer is the seventh most common cause of cancer-related death across the world; and WHEREAS, there were an estimated 367,000 new pancreatic cancer cases diagnosed in 2017; and WHEREAS, the good health and well-being of the residents of the City of Palm Beach Gardens are enhanced as a direct result of increased awareness about the symptoms and risk factors of pancreatic cancer and research into early detection, causes, and effective treatments. 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 November 16, 2017 as: WORLD PANCREATIC CANCER DAY 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 2"'1 day of November in the year Two Thousand and Seventeen. Maria G. Marino, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, hospice care provides patients and families with highest quality pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, most often delivered in the home, allowing patients to live fully up until the final moments, surrounded and supported by loved ones, .friends, and committed caregivers, " and; WHEREAS, professional and compassionate hospice staff and trained volunteers-including physicians, nurses, social workers, therapists, counselors, health aids, and clergy -provide comprehensive care making the wishes of each patient a priority, and; WHEREAS, family members and loved ones receive counseling and bereavement care to help them cope with the many losses they face during the illness and with the grief they experience afterwards, and; WHEREAS, providing high-quality hospice care reaffirms our belief in the essential dignity of every person, regardless of age, health, or social status, and that every stage of human life deserves to be treated with the utmost respect and care; and WHEREAS, caring for patients at the end of life can be emotionally painful, physically exhausting, and financially difficult and Hospice Month recognizes those who serve in our nation's hospices, often as caregivers in the patients' homes; 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 November 2017 as: NATIONAL HOSPICE & PALLIATIVE CARE MONTH 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 2"" day of November in the year Two Thousand and Seventeen. Maria G. Marino, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the Epilepsy Foundation of Florida (EFOF) was established in 1971 as a non-for-profit 501 (c)3; and WHEREAS, EFOF is the principal agency for epilepsy programs and services sponsored by the State of Florida where today 12% of Americans with epilepsy live; and WHEREAS, Epilepsy, the 4th most common neurological disorder, affects over 400,000 Floridians with 84,000 of those sufferers being children and approximately 3.5 million Americans where 1 in 26 will be diagnosed with epilepsy in their lifetime and 1 in 10 people will have a seizure; and WHEREAS, it is important to ensure that individuals with this disorder are able to participate in all of life's rich and wondrous experiences which is why groups like the Epilepsy Foundation of Florida are leading the fight to stop seizures, find a cure and overcome challenges created by epilepsy, regardless of their financial situation; and WHEREAS, for 45 years, the Epilepsy Foundation of Florida has been leading the battle to defeat the stigma and fight the discrimination that can su"ound this disorder by providing support groups, seizure recognition and first aid training to Florida's school faculty, staff, students, law enforcement and businesses, as well as offering epilepsy education and awareness programs; and 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 November 2017 as: EPILEPSY AWARENESS MONTH and urge all residents to support the continuous mission of this organization to provide the needed research and help for our citizens who suffer from seizures and epilepsy. 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 2"" day of November in the year Two Thousand and Seventeen. Maria G. Marino, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Geography Awareness Week is November 12'h-18'h; and WHEREAS, National Geographic Information System (GJS) Day is November 15, 2017; and WHEREAS, Geography Awareness Week promotes geographic literacy in schools; and WHEREAS, GIS is an important part of geography awareness; and WHEREAS, the City of Palm Beach Gardens is committed to expanding GIS to the schools and general public in order to showcase real-world applications with GIS. 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 November 15, 2017, as NATIONAL GIS DAY and urge all citizens to participate in GIS Day activities. 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 2"" day of November in the year Two Thousand and Seventeen. Maria G. Marino, Mayor Wantto Go Solar? 1,i. PAUi BE..~CH 00 ~1Y SolarUnitedNeighbors.org/PalmBeach QUESTIONS? email : ~ FL SUN In partnership with: Florida Solar United Neighborhoods • U :AOUl1. OF IYOML'\1 \Ol"EllS' OF FLOIUDA flsun.org WANT TO GO SOLAR? Join us for an information session about the Solar Co-op! Wed, November 15, 6:00pm Mon, December 4, 6:00pm Boynton Beach City Library Vista Government Center 208 S. Seacrest Blvd 2300 N Jog Rd Boynton Beach, FL 33435 West Palm Beach, FL 33411 Sat, January 6, 2018, 11 am, s FL Science Center & Aquarium, 4801 Dreher Trail N, West Palm Beach, FL 33405 Neighbors in Palm Beach County are forming a solar co-op to save money and make going solar easier while building a network of solar supporters. Save money on the installation cost of going solar. Get help from the co-op throughout the process. System sizes vary. You can size to fit your budget. Local non-profit FL SUN has helped hundreds of Florida homeowners go solar in the last two years . Questions? website: Solarunitedneighbors.org/palmbeach Honorary Chair of the Solar Co-op Project is Paulette Burdick, Mayor of Palm Beach County PA IM Rll Al:1-f ('()J 11'1TV SIERRA clean ner CLUB FOUND E D 18?2 Unitarian Universalist Fellowship of Boca Raton Citizens' Climate Lo bby WEST PALM BEACH Meetings Attended: October 13 -Nov. 2 • • Palm Beach North Chamber Breakfast Before Hours -Need to Know Privacy vs. Surveillance in conjunction with the Israel Public Diplomacy Forum. • Transit Oriented Design Workshop for Local Businesses • Transit Oriented Design Workshop for Residents • Read for The Record at Riverside Enrichment Center • Palm Beach North Chamber Golf Tournament-Beat the Mayor. • Business Development Board Gala -at my own expense of $400 • North County Intergovernmental Committee Meeting -with Presentations from FPL and PBC Emergency Operations Center and SWA. Hurricane Irma updates • Forum Club Luncheon -also at my own expense • PGA Corridor Association Breakfast -Moderator for the Transportation Mobility Panel Discussion • PBN Chamber Woman of the Year Luncheon -Thank you to Mark, Carl and Mathew for being there to support my nomination • PSA for Palm Beach County Cares -Major initiative bringing together local elected officials and non- profits to find resources for Puerto Rico and the USVI. • Resident Photo Contest Reception -I hope everyone took notice of the photos outside as they were submitted by our local residents. • PBN Chamber Economic Development Meeting and PBN Chamber Subcommittee Meeting for Smart and Connected Regions -much discussion on mobility and essential services housing in the region • Town Hall Meeting Presenter for the Annexation of Bayhill Estates and Rustic Acres • • Coffee and Conversation with the Mayor-lobby of City Hall JvS,-._.~ 6-,o,_h o-wu.J.__ • PBG Fall Festival -Warm thank you to all of our staff who volunteered their time and came dressed in costume to share with and entertain our families in a safe Halloween atmosphere. • PBG Police Explorers Golf Tournament • PBC Cares Port of Palm Beach Meeting • Suits for Seniors Speaker -shout out to Chief Bryer and Chief Stepp for also addressing the HS Seniors at Gardens High School • PBC League of Cities District 1 Luncheon -main topic of discussion was the continued assault of the State Legislature on Home Rule Powers or the ability of Local Government to Govern itself. • Meetings, Ribbon Cuttings etc. - • Palm Beach County Cares -an organization of local elected officials and non-profits coming together to bring resources to Puerto Rico. • The City of PBG Fire station #3 was a drop off site. Over 200,000 lbs of goods have been collected. • gth Annual Pitch for the Cure along with Vice Mayor Marciano and Council Members Litt and Woods. • Deliver a Proclamation at the Amara Shriners Annual Meeting .any of these meeting are about projects that will take place, 3, 5, 10 and 20 years down the road. It is great that the city can participate and be a Stake Holder in these projects that will influence not only the smart growth of our local community but also the county and state.