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Agenda Council Agenda 080703
City of Palm Beach Gardens Council Agenda August 7, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING August 7, 2003 7:00 P.M. L PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. B & E Brochure and Catalina Lakes Beautification Award b. Recreation Brochure and Customer Service Survey V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: a. Page 5 CIP completed projects VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Pa 2e 23 Consideration of approving Minutes from the July 3, 2003 Regular City Council Meeting. b. (Page 28) Consideration of approving Minutes from the July 17, 2003 Regular City Council Meeting. C. (Pa 2e 37 Resolution 115, 2003 — Appointing one regular member and clarifies terms of a previous appointment to the Fire Fighters' Pension Fund. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing a member to the Board of Trustees of the City of Palm Beach Gardens Fire Fighters' pension plan; clarifying the terms of a previous appointment to the board; and providing an effective date d. (Page 41) Resolution 128, 2003 — Mobil Data Terminal Communications. A Resolution Of The City Council Of The City Of Palm Beach Gardens, Florida Awarding a contract to Bellsouth Telecommunications, Inc. to upgrade communications transmissions for mobile data terminals (MDTs); and providing an effective date. e. (Page 47) Resolution 131, 2003 — Award of Bond Counsel contract to Adorno and Yoss. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement with Adorno & Yoss, P.A. to provide Bond and Disclosure Counsel Services; and providing an effective date. f (Page 112) Resolution 132, 2003 — Award of Financial Advisor contract to Spectrum Municipal Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement with Spectrum Municipal Services, inc. to provide Financial Advisory Services; and providing an effective date. g. (Page 164) Resolution 133, 2003 — Consideration of approval of an agreement for the installation of Traffic Signal Mast Arms located on the Northwest and Southwest corners of the intersection of Military Trail and Burns Road between the City of Palm Beach Gardens and Vision 1 Homeowners Association, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for the installation and maintenance of the Mast Arm Traffic Signals between the City of Palm Beach Gardens and Vision 1 Homeowner's Association, Inc. and providing an effective date. IX. PUBLIC HEARINGS: PART I — QUASI- JUDICIAL PART II — NON QUASI- JUDICIAL a. (Page 187) Ordinance 20, 2003 - Architectural Design Guidelines LDR Change (Second reading). An Ordinance of the City Council of the City Of Palm Beach Gardens, Florida relating to Architectural Design Guidelines for non - residential development; creating a new section 78 -192, Code Of Ordinances to be entitled "Architectural Design Guidelines for Non - Residential Development "; providing for codification; and providing an effective date. X. RESOLUTIONS: a. (Page 211) Resolution 130, 2003 — Quit -Claim Deed from the NPBCID for the lake parcels at Downtown at the Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a Quit -Claim deed from the Northern Palm Beach County Improvement District for the Lake parcel at Downtown at the Gardens; authorizing the Mayor and City Clerk to execute a Quit -Claim deed in favor of Downtown at the Gardens, LLC for the Lakes parcel at Downtown at the Gardens; reserving rights for the public to access and use the Lake parcel; and providing an effective date. b. (Pate 223) Resolution 134, 2003 — Dialogic Communication Community Notification System (reverse 911 system). A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract for the purchase and installation of a Community Notification System to Dialogic Communications Corporation; and providing an effective date. XL ORDINANCES: (For Consideration on First Reading) XIL ITEMS FOR COUNCIL ACTION/DISCUSSION: a. City Manager Performance Review. XIIL CITY ATTORNEY REPORT: XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 28626, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than 5 days prior to the proceeding at telephone number (561) 799 -4120 for assistance; if hearing impaired telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. 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C: L O �.� Co m p OU N V N O =3 Q cn O 4-0 :N O � 4-0 O U) O .0 C/) U U N O p p >, O c cn }, O N .V U Co 2>2 N •N Co •V (a +� _N ..V > O N � (a Q � O .� •tn (n U 0 to 0 Q V r� Q 4 L7,j.=?r N N O I� U 4� V\ N i O ♦..r N N E O O Cl) L Z -0 I C E o •� M> v L N V N •� �+ m p a U cca CR =suet � s U ca _ O � '40 _ 9 Vol G'� m Ci C,4 w > hE P2 < C 0z a.t now -M CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 3, 2003 The July 3, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:06 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the pledge of allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, Councilmember Russo, and Councilmember Delgado. CITY MANAGER REPORT: Update regarding City EntrMa Sinna e /City Logo -Assistant to the City Manager Sheryl Stewart provided a presentation on the status of the City's entryway signage project. Staff's Spirit Team was complimented for their work on this project. Graphic Designer Patty Doherty provided a presentation on logo development inspired by the City's crest. Two final designs were presented for consideration. Mayor Jablin requested examples of different types of signage using the two designs. Councilmember Russo expressed concern that the crest, which the Council had committed not to change, might get lost. Councilmember Delgado commented her initial request to change the gateway signage had included the idea that volunteer Arti Gras artists would be utilized. Mayor Jablin clarified that the Council had previously agreed not to change the crest, and it would not be changed. City Manager Ron Ferris commented that direction to staff had not been to utilize Arti Gras artists, but to utilize the Spirit Team, which had been done, and two recommendations were now being presented, which could be developed for use as an entryway sign, or if the Council wanted something else used, they should let staff know. The other items were other ideas that might or might not be used, and there were no plans to change the current crest. The City Manager stated that staff was following Council's direction, and if they liked neither design, staff would go back to the drawing board; if they liked one then staff would go to the next step and come back to show how that design could be used on entry way signs. A logo could be utilized along with the crest as a marketing and economic development tool. There could be appropriate applications for both. Councilmember Delgado expressed concern regarding why an outside firm was being paid when there were salaried personnel who could do that work, and the response was there was no graphic designer on staff and she was hired for this specific project. Vice Mayor Sabatello expressed his opinion the logo was less important and the wording was more important to welcome people to the city and suggested a version of the existing crest applied onto a wall, made smaller than the City name, with the City name made larger for identity purposes. Councilmember Clark expressed his opinion that if a separate logo was desired, he felt the banyan tree would be most appropriate for the entry way signage, and the name of the City should be prominent. Mayor Jablin agreed there should be an image for identification, as Jupiter used their lighthouse. Councilmember Delgado noted the City was known as the golf capital of the world, and that should be considered. Councilmember Russo requested information as to whether the tree would reproduce well in a sign, indicated he did not know if the sign design would be appropriate for a logo, and agreed the name of the City should be larger, and agreed the City was known for golf. Mayor Jablin indicated he would like people to think of other items when they thought of the CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/3/03 2 City, not just golf. Vice Mayor Sabatello recommended the crest be modified for the entry sign possibly in bronze as an example, to be applied onto a wall, with the City's name much larger. Direction to staff was discussed. Vice Mayor Sabatello made a motion to take the existing crest and change it to make it compatible for a roadway so that it could be viewed and read at roadway speed with the only change to be that the wording would be larger, and that would be the welcome to the City. Councilmember Delgado seconded the motion. During discussion of the motion, one councilmember indicated he could not support changing the crest. Vice Mayor Sabatello confirmed he was only proposing one crest to be used, and not going to full color did not change the crest. The crest was shown in black on literature before the Council tonight, and that did not change it, it was still the same crest. Councilmember Russo indicated he would support this motion, but recommended contacting a sign person to see how the crest and the tree could be used on signage, since either could work or not. Mayor Jablin indicated he would not support the motion because he did not want to tinker with the crest. Vice Mayor Sabatello clarified that he was not changing the crest. Motion carried 3 -2. Update on Grant Applications - The City Manager announced that the City had received tentative approval for both of their grant applications for Keep Palm Beach County Beautiful— beautification grants for Military Trail medians from Gardens Woods to Garden Oaks. Menin Project Gross Square Footage - Growth Management Administrator Charles Wu provided an update on the definition of city code gross square footage as interpreted by DCI, which was clear that certain utility areas could not be deleted from the calculation, as had been requested by an applicant, the Menin Company. This meant the applicant would have to amend their site plan. Mr. Wu assured the Council that proper screening would be required. COMMENTS FROM THE PUBLIC Pat Hughey, 9120 Reed Drive, indicated her personal choice for entryway signage would be a simple sign with only the name of the City, and to keep only one crest. CONSENT AGENDA Councilmember Clark made a motion to approve the Consent Agenda as submitted. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: a. Resolution 116, 2003 – Interlocal Agreement with the Town of Juno Beach. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to execute an Interlocal Agreement with the Town of Juno Beach for building inspection services; and providing an effective date. b. Resolution 117, 2003 – Contract Award to Dunsworth Construction. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract for the construction of the hardscape improvements associated with the Allamanda drive traffic- calming project to Dunsworth Construction, Inc.; and providing for an effective date. C. Resolution 119, 2003 – Agreement with Seacoast Utility. A Resolution Of The City Council Of The City Of Palm Beach Gardens, Florida approving an agreement with Seacoast Utility Authority for use of a utility easement; and providing an effective date. PUBLIC HEARINGS: PART I – QUASI - JUDICIAL CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/3/03 3 Resolution 71, 2003 — Site Plan Amendment for Parcels 27.05/06. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to a previously approved site plan for Parcel 27.05/06 within the Regional Center Development of Regional Impact (DRI) to allow the replacement of a 24,500 square -foot two -story office building with two single -story office buildings known as buildings 8 and 9 with a total square footage of 19,978; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk swore in all those wishing to speak to Resolution 71, 2003. The City Clerk read Resolution 71, 2003 by title only. Principal Planner Talal Benothman presented the proposal. Councilmember Russo disclosed ex -parte communication with Joey from Catalfumo and Mr. Catalfumo, consisting of a telephone conversation and they had brought him up to date on the existing approval and the current application; and Mr. Russo had told them he thought there should be more landscaping along PGA Boulevard. Councilmember Russo announced he was voting for this because he felt these two buildings were far better than the one large building that had been approved. Councilmember Delgado disclosed she spoke to Joey and saw the presentation with the petitioner and Mr. Catalfumo; they brought to her attention this was approved previously, and she went next door and met with residents of The Meadows who had strongly voiced their opinion they would like two one -story buildings. The City Attorney clarified that ex -parte disclosure meant one must just identify who they spoke to and in very general terms describe the subject matter. Vice Mayor Sabatello disclosed he had met some time ago with the petitioner when the City directed him to do so and he believed he spoke to Joey. Councilmember Clark stated he had had no ex -parte communication on this application. Mayor Jablin disclosed he had had a conversation with Joey in the lobby when they met a couple of days ago, but did not discuss details, only that it was coming up for a vote this week. Mayor Jablin commented he felt one building was the way to go; that originally there was one building, then they changed it to two buildings, then they tried to make the two buildings look better rather than making the one building look better, and he would vote against it. Mayor Jablin declared the public hearing open, held on the intent of Resolution 71, 2003. Senior Planner Talal Benothman announced that the petitioner had agreed to reconfigure the parking but he would like to discuss it tonight. Councilmember Russo noted he did not like the parking in the original design. Representatives of Catalfumo Construction spoke on behalf of the petitioner, and agreed to a condition of approval regarding removing a parking space and adding more landscaping. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Sabatello commented he felt the building was not up to city standards although he would vote for it rather than see the originally approved building constructed. Mayor Jablin agreed, stating that was why he would not vote for it. Councilmember Clark indicated he would not vote for this since it was not a two -story building. Councilmember Russo moved approval of Resolution 71, 2003 with the amendment that within 14 days petitioner shall submit revised plans reflecting elimination of one parking space, and to include additional landscaping upon City Forester approval, according to the plans submitted. Councilmember Delgado seconded the motion, which carried by 3 -2 vote. RESOLUTIONS: Resolution 100, 2003 - Architectural Design Guidelines Adoption. A Resolution of the City Council of the City Of Palm Beach Gardens, Florida adopting Architectural Design CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/3/03 4 Guidelines for non - residential development within the City; and providing an effective date. Growth Management Administrator stated he would present Resolution 100, 2003 and Ordinance 20, 2003 at the same time since they related to the same subject. Councilmember Clark made a motion to approve Resolution 100, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote, Mayor Jablin having left the room. ORDINANCES: Ordinance 20, 2003 - Architectural Design Guidelines LDR Change. An Ordinance of the City Council of the City Of Palm Beach Gardens, Florida relating to Architectural Design Guidelines for non - residential development; creating a new section 78 -192, Code Of Ordinances to be entitled "Architectural Design Guidelines for Non - Residential Development'; providing for codification; and providing an effective date — for consideration of first reading. Councilmember Clark moved to place Ordinance 20, 2003 on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 4- 0 vote. The City Clerk read Ordinance 20, 2003 on first reading by title only. Vice Mayor Sabatello apologized that he should have asked earlier if he should have voted on the design guidelines if that could be construed as conflict of interest since he was a homebuilder in the City. City Attorney Tatum advised these guidelines were for general application for all property in the city and therefore would not be conflict of interest. ITEMS FOR COUNCIL ACTION/DISCUSSION: Vice Mayor Sabatello requested the city send a welcome to the new bishop, which received consensus of the City Council. CITY ATTORNEY REPORT: The City Attorney reported a hearing was set in the Florida East Coast Railroad challenge to the Kyoto Drive crossing. During negotiations, FEC had agreed, subject to limitations of Florida statutes, to indemnification of negligence of City employees and to a perpetual license, and the only outstanding issue was the one -time payment. Their offer was $160,000. There would still be an annual maintenance fee, but this would resolve the issue. Discussion ensued regarding paying the one -time fee, and a build -out agreement for property on PGA Boulevard. Councilmember Clark moved to authorize the City Attorney to provide a settlement agreement and to authorize staff to use impact fees to pay the one -time payment of $160.000. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Attorney John Gary complimented the City Attorney on accomplishing the settlement. Vice Mayor Sabatello reported he was working only with Attorney Gary, who represented a majority of developers, and with staff on the build -out agreement, and he was not having any meetings with developers. The Vice Mayor expressed hope that the agreement would be in final draft form in time for the next Council meeting. ADDITONAL COMMENTS Vice Mayor Sabatello apologized for losing his cool earlier in the meeting. Mayor Jablin reported Sgt. Chuck Sharon had been involved in a severe motorcycle accident, but was doing better, and wished him a speedy recovery. The Mayor reported there had been a wonderful reception for the art placed on the City property, and expressed appreciation to staff and especially to Angela Wong, who had spent a tremendous amount of time and effort on that project. Councilmember Clark on behalf of the Council asked the City Manager to express thanks to the Spirit Team for their work on the sign design. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/3/03 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 9:18 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST: PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 17, 2003 The July 17, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the pledge of allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, Councilmember Russo, and Councilmember Delgado. ADDITIONS, DELETIONS, AND MODIFICATIONS: Councilmember Clark made a motion to approve adding Resolution 120, 2003 — Class A Reclaimed Water Agreement with SUA in PGA Boulevard Medians, to the Consent Agenda as Item G and to accept the modification of sections 3 and 6 in Ordinance 17, 2003, a copy of which had been provided to each Council member for review. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 Vote. ANNOUNCEMENTS / PRESENTATIONS: Union Square presentation of $2,000.00 check for 9 -11 art show - Mayor Jablin acknowledged receipt of a $2,000.00 contribution toward expenses for this year's 9 -11 remembrance and art show from Union Square. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported that a ceremony had been held honoring the employees and engineers involved in the Burns Road project, and expressed her appreciation for their outstanding work. Councilmember Delgado reported the beautification grant for Military Trail had worked out well and would continue this year in the Garden Woods area. Councilmember Delgado requested that the Council support the request from residents from Garden Woods for assistance with a neighborhood sign. Discussion ensued. The City Manager was requested to look into how this type of assistance could be done fairly for neighborhoods throughout the City. Councilmember Russo commented on the credibility of this City Council, reporting he and the Vice Mayor had endured a barrage of attacks from the local newspaper, and with each article the facts became farther and farther from the truth. Councilmember Russo expressed his opinion that the moratorium and forbearance agreement had been a great tool and not intended to benefit Mirasol, as the newspaper had reported. Councilmember Russo requested the truth be told to the residents to restore the credibility of the City and asked the City Council, four members of which had been on the Council during the time the events had happened, to go to the residents. Mayor Jablin expressed his support for the forbearance agreement and for Vice Mayor and Councilmember Russo, and indicated he was proud of the way the City had developed and that it was a shame the way the Palm Beach Post had chosen to characterize them, and commented that newspaper had formerly supported the moratorium. Councilmember Russo requested staff contact former City Attorney Rubin and his firm to confirm his advice to the Council regarding the situation, and also that it be explained to the residents what the moratorium was, the legal opinions, and the law, and report back to City Council. Councilmember Clark expressed his opinion people were being tried and convicted unfairly in the media but did not believe taxpayer dollars should be spent on action against individuals, although he sympathized with both of them. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/17/03 2 Councilmember Russo indicated his issue was supporting the City government, not the two individuals. Councilmember Delgado did not agree with Councilmember Clark that the City was not being attacked and felt the legal advice given should be looked into. Vice Mayor Sabatello expressed his opinion that the City Council was one unit and when one member was attacked, all members and the City were being attacked. The Vice Mayor commented the forbearance agreement had come under attack, and everyone had been involved, and commented he believed the City Council should stand up for what had been done. The Vice Mayor commented the City Council had always followed the City Attorney's advice, and reported that all the members had always disclosed what they did. Vice Mayor Sabatello indicated he believed the City Council should stand as one and not be divided on resolutions, ordinances, rules, and laws they had passed by majority vote and should never allow someone to come, without facts, to destroy the City. The Vice Mayor stated he was under attack but had done no wrong. Mayor Jablin commented the forbearance agreement was not made with one developer but with all developers who bought land from WCI after the sale of the MacArthur land, and they were happy to sign the agreement, which was good for both the City and the developers. Attorney John Gary commented the forbearance agreement had been his idea and he wanted to set the record straight as to how it came about, and related the events that had occurred with all the developers present or represented for the meetings, and it had been a good thing for the City. Former Councilmember Lauren Furtado read aloud a letter she had submitted to the Palm Beach Post which she explained they had wanted it edited but that would take away from its meaning, so she had decided to read it into the public record since the tapes of the meeting would be saved in perpetuity, and if need be she would place it in the newspaper as a paid advertisement. Ms. Furtado's letter provided facts which she indicated the newspaper had omitted. A copy of the letter was provided to the City Manager. City Manager Ferris commented the history and benefits of the forbearance agreement could be investigated to identify facts and their chronological order and he believed it was an education and information process he believed staff could provide in the normal process of perhaps newsletter articles. Mr. Ferris also indicated staff could attempt to contact the former City Attorney for information. Councilmember Clark indicated he had no problem with this type of work in the normal course of staff work. The Vice Mayor indicated he was only concerned that all the Council agreed with what they had done. Consensus was for the City Manager to move forward with his suggestion. CITY MANAGER REPORT: City Eqjn�wE Sign Update — City Manager Ferris reported the staff recommendation for entryway signage, based on the monument sign at the City Hall complex. Mayor Jablin presented images depicting how a City logo would look in various applications. Direction was to use the sign format as proposed, with sign proportions to be appropriate to each site. COMMENTS FROM THE PUBLIC: Alex Perez, Garden Woods, expressed his respect and support for the City Council. Mr. Perez commented their community did not have an association and presented reasons why he believed using grant money for a sign there would be appropriate. Mr. Perez explained that the entrance was City owned. Mayor Jablin clarified the grant money was for medians. Joan Elias, Diamond Head Way, commented on the Palm Beach Post articles and recalled that on any vote taken on property Mr. Sabatello had disclosed that he was a builder and had been told he could vote if he was not building on that property. Ms. Elias expressed her support for the City Council. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/17/03 3 CONSENT AGENDA: Councilmember Clark made a motion to approve the Consent Agenda. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. a. Consideration of approving Minutes from the June 19, 2003 regular City Council Meeting. b. Resolution 120, 2003 — Approving a Class A Reclaimed Water Agreement with Seacoast Utility Authority. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Class A Reclaimed Water Agreement with Seacoast Utility Authority for the PGA Streetscape median irrigation system; and providing an effective date. C. Resolution 125, 2003 — Agreement for Installation and Maintenance of Traffic - Calming Improvements between PBG and Sienna Oaks. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement for the Installation and Maintenance of Traffic - Calming Improvements between the City Of Palm Beach Gardens and Siena Oaks Homeowner's Association, Inc.; and providing an effective date. d Resolution 126, 2003 — Magnolia Bay Subdivision Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving The Magnolia Bay Subdivision Plat; and providing an effective date. e. Resolution 127, 2003 — Frenchman's Reserve PCD Plat "H" Subdivision Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Frenchman's Reserve PCD -Plat "H" Subdivision Plat; and providing an effective date. f. Consideration of approving an award to Pole Cat Industries, Inc. for the purchase of an Aerial lift. g. Resolution 120, 2003 —Class A Reclaimed Water Agreement with SUA in PGA Boulevard Medians h. Proclamation — National Night Out. PUBLIC HEARINGS: PART I — QUASI - JUDICIAL Mayor Jablin announced the cases to be heard as quasi-judicial hearings and the procedure. The City Clerk swore in all those intending to testify for these cases. Resolution 106, 2003 — Parcel 5B Waiver Request for site to be developed as a PCD instead of a PUD. A resolution of the City Council of the City of Palm Beach Gardens, Florida providing for approval of a waiver from the Planned Community Development (PCD) minimum acreage requirement to allow the mixed use project known as Parcel 5B located at the Southeast corner of PGA Boulevard and RCA Boulevard to be developed as a PCD; and providing an effective date. The City Clerk read Resolution 106, 2003 by title only. Planner Jackie Holloman presented the staff report. Principal Planner Talal Benothman explained why the applicant was requesting this change and how this would benefit the City. Ryan Johnston, Catalfumo Development, spoke on behalf of the petitioner. Mayor Jablin declared the public hearing open, held on the intent of Resolution 106, 2003. Richard Orman, 4203 Oak Street, asked why make concessions to a developer and what the rush was, and asked if the zoning code could be changed by waiver. The City Attorney advised this request was not to change the zoning but to change the process of review. The fact that the applicant had not CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/17/03 4 complied with a previous request by the City was noted. The applicant requested this petition be delayed due to the unfavorable comments by councilmembers. Request was made for additional information when re- presented to the Council. Each Councilmember disclosed that they had had no exparte communications regarding this application except Councilmember Delgado, who disclosed that she had received review from staff. Councilmember Clark made a motion to continue the public hearing for Resolution 106, 2003 to the second meeting in August. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Resolution 107, 2003 and Resolution 114, 2003 - The City Attorney announced that the next two resolutions were in regard to Parcel 14 and Parcel 23 in Mirasol and requested that the record reflect the following facts: Neither Mr. Sabatello or Mr. Russo have any financial interest in these parcels now nor have they had any financial interest in the past in either Parcel 14 or Parcel 23 of Mirasol. Section 112.3143 of the Florida Statutes requires that a local public officer abstain from voting in certain situations including when the matter he is voting on inures to his special private gain or loss. Because the councilmembers have no financial interest in either of these parcels, the vote concerning the approvals of site plans for two unrelated parcels would not inure to their special private gain. Therefore, no voting conflict of interest exists under Florida Statutes and the law does not require them to abstain from this vote. The law, however, does allow them discretion to abstain in circumstances even when there is no legal voting conflict. This type of abstention is a personal decision for the Councilmembers to make, it is not required by law that they abstain in these circumstances. Based on the provisions of Florida Statutes Section 286.012, in light of the current investigation that is occurring with regard to the Mirasol project, Mr. Sabatello and Mr. Russo have determined that they will exercise their discretion and would not vote on Resolution 107, 2003 and Resolution 114, 2003. The City Attorney reiterated one more time this is not because they have a voting conflict but they are exercising their discretion not to vote because of current circumstances and not because they have a voting conflict. Councilmember Russo disclosed exparte communications with the City Attorney on this issue and noted no one had ever told him that he had discretion to abstain if he felt he had a perceived conflict. Mr. Russo stated he had no possible conflict with this since he had no ownership interest in Mirasol, in these two pods, or in Mr. Sabatello's interests. Vice Mayor Sabatello commented he had always followed the City Attorney's direction and this was something new, and he would continue to follow it if the City Attorney was advising not to vote if there was even a possible appearance of conflict of interest. Councilmember Delgado requested clarification on whether to vote, since Mirasol itself was under investigation. The City Attorney advised a Councilmember must vote, with two exceptions: (1) a Councilmember was prohibited from voting if they had a financial conflict of interest as defined by the statute; and (2) there was a separate provision of law that allowed them to abstain if there was appearance of a conflict, and there were gray areas in the law. Councilmember Clark commented it would have been useful to know this earlier. The City Attorney cautioned not to use this except in extreme situations; but noted this was an extreme situation. Resolution 107, 2003 — Mirasol Parcel 14 Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for Parcel 14 of the Mirasol PCD to allow the construction of 95 single- family homes on an approximately 22 -acre parcel; providing for conditions of approval; providing for waivers; and providing an effective date. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/17/03 5 The City Clerk read Resolution 107, 2003 by title only. Planner Brad Wiseman presented the staff report. Mayor Jablin declared the public hearing open. Alan Dougherty, 820 8`t' Terrace, was sworn in, and commented regarding the Florida Statutes referred to by the City Attorney concerning potential conflict of interest, that it said to him that any public official shall not enter into a contractural relationship with any business entity that that public official regulates through their position. Mr. Dougherty expressed his opinion that Mr. Sabatello did indeed have a conflict of interest because of his decision to buy into Mirasol and that he could not vote on Mirasol. Mr. Dougherty quoted the Florida Statutes but stated he did not have the statutes before him. The City Attorney advised that comments at the public hearing were to address the issue before the Council tonight, which was whether or not to approve the site plan for this parcel. Mayor Jablin advised Mr. Dougherty that his continents were going beyond the issue before the Council. Mr. Dougherty indicated he had no further comments. Anne Booth, Urban Design Studio, made comments on behalf of the petitioner. Hearing no further comments, Mayor Jablin declared the public hearing closed. Councilmember Delgado disclosed exparte communication of having staff give her a full briefing on this petition. Councilmember Clark and Mayor Jablin stated they had had no exparte communications. Councilmember Clark made a motion to approve Resolution 107, 2003. Mayor Jablin passed the gavel and seconded the motion. During discussion of the motion, Councilmember Delgado requested advice from the City Attorney regarding whether she should vote or if voting would give the appearance of a conflict. The City Attorney advised that she did not think any of the three members present would be affected by the appearance and therefore were not allowed to abstain. Motion carried by unanimous 3 -0 Vote. Resolution 114, 2003 — Mirasol Parcel 23 Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for Parcel 23 of the Mirasol PCD to allow the construction of 40 single- family homes on an approximately 10 -acre parcel; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 114, 2003 by title only. Planner Brad Wiseman presented the project. Mayor Jablin declared the public hearing open, held on the intent of Resolution 114, 2003. Anna Booth, Urban Design Studio, spoke on behalf of the petitioner. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado reported as exparte communication that she had been briefed by staff. Mayor Jablin and Councilmember Clark reported they had had no exparte communications. Councilmember Clark made a motion to approve Resolution 114, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 Vote. Resolution 122, 2003 — Frenchmans Creek add Condition #1 to Resolution 177, 1994. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending condition number one of Resolution 177, 1994 which approved a 1,876 square -foot residential resale facility within Frenchman's Creek Planned Community District (PCD) to allow for the operation of a bank within a portion of the existing residential resale facility; and providing an effective date. The City Clerk read Resolution 122, 2003 by title only. Senior Planner Natalie Wong presented the application. Discussion ensued regarding setting a precedent. Art Wild, Senior Vice President, Bank Atlantic, described the proposed limited banking operation. Mayor Jablin declared the public hearing open, held on the intent of Resolution 122, 2003. Hearing no comments from the public, Mayor Jablin declared the CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/17/03 6 public hearing closed. During disclosure of exparte communications, Councilmember Delgado disclosed she had gone over this application with staff. Mayor Jablin, Vice Mayor Sabatello, and Councilmember Russo reported they had had no exparte communications. Councilmember Clark reported he had given directions to the council chambers tonight to a representative for the petitioner but had not discussed the petition. Councilmember Clark moved approval of Resolution 122, 2003. Councilmember Russo seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 18, 2003 — PGA National DRI/PCD Time Extension. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to Ordinance 22, 1998, the consolidated and amended development order for PGA National Development of Regional Impact (DRI) and Planned Community District (PCD) by extending the build -out date by two years from August 29, 2003 to August 29, 2005; authorizing the City Clerk to transmit copies of this Ordinance to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, and National Investment Company, Inc.; and providing an effective date — for consideration of second reading. The City Clerk read Ordinance 18, 2003 by title only. Senior Planner Natalie Wong presented the project. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 18, 2003. Mayor Jablin reported he had had many phone calls regarding the cost of notices sent certified mail and explained the City did not spend taxpayer money on this and the developer had paid for the notices, as he was required to do. Joan Elias, 1009 Diamond Head Way, President of CAN in PGA National, reported CAN supported this time extension. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. During disclosure of exparte communications, Councilmember Delgado reported she went over this petition with staff. Councilmember Russo and Vice Mayor Sabatello reported they had had no exparte communications. Councilmember Clark reported he had had no exparte communications but questioned whether he was recused from voting since he lived in PGA National and owned land there. The City Attorney advised he could vote. Mayor Jablin indicated he was also going to ask that same question and reported he had had exparte communications regarding the notices. Councilmember Clark made a motion to place Ordinance 18, 2003 on second reading and to approve Ordinance 18, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Ordinance 19, 2003 — Gardens Medical Park PUD Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to a Planned Unit Development (PUD) for the construction of one three -story office building totaling 11,600 square feet on a 1.33 — acre parcel of land within Gardens Medical Park PUD located on the North side of Burns Road, approximately one mile East of Alternative A 1 A, as more particularly described herein; providing for conditions of approval; providing for waivers; and providing an effective date — for consideration of second reading. The City Clerk read Ordinance 19, 2003 by title only. Senior Planner Natalie Wong was present to answer any questions. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 19, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. During disclosure of exparte communications, Councilmember Delgado reported she had gone over this matter with staff. Mayor - Jablin, Vice Mayor Sabatello, Councilmember Russo and Councilmember Jablin all reported they had had no exparte communications. Councilmember Clark made a motion to place Ordinance 19, 2003 on second reading and to approve Ordinance 19, 2003. Councilmember Delgado seconded the motion, which carried CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/17/03 7 by unanimous 5 -0 Vote. PART II — NON QUASI - JUDICIAL Ordinance 6, 2002 — Newsrack Ordinance. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the regulation of newsracks in public rights -of -way; repealing Section 78 -701, Code of Ordinance entitled " Newsracks" in its entirety; creating a new Division 14 of Chapter 78, Code of Ordinance to be entitled "Newsrack Regulations"; providing for codification; and providing an effective date — for consideration of second reading. Code Enforcement Supervisor Kelvin Wise reported there were very little add -ons available for modular newsracks and they would remain box - shaped, but decorative borders could be added. The City Manager commented staff could come up with ideas to spruce up the boxes and would do that outside the ordinance and bring back ideas to the City Council. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 6, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing open. Councilmember Clark moved that Ordinance 6, 2002 be placed on second reading by title only and approved. The City Clerk read Ordinance 6, 2002 on second reading by title only. RESOLUTIONS: Resolution 123, 2003 — Interlocal Agreement with Palm Beach County for funding 2 transit bus shelters. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement with Palm Beach County for funding of transit bus shelters; and providing an effective date. Senior Planner Natalie Wong provided a presentation on behalf of the committee that worked on this project. Councilmember Clark made a motion to approve Resolution 123, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Resolution 124, 2003 — Collective Bargaining Agreement between the City of Palm Beach Gardens and Fire Rescue. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving and ratifying a Collective Bargaining Agreement with Professional Firefighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc. employed by the City's Fire Rescue Department for fiscal years 2002 -2003, 2003 -2004, and 2004 -2005; authorizing the Mayor and City Clerk to execute said agreement; and providing an effective date. Fire Chief Bergel provided a presentation. Councilmember Clark moved approval of Resolution 124, 2003. Councilmember Russo seconded the motion, which carried by unanimous 5 -0 Vote. The City Manager recognized Chief Bergel and his staff and the negotiating team for the rank and file for their work on working out the salaries. ORDINANCES: Ordinance 17, 2003 — Amendment to Banyan Tree Planned Unit Development (PUD) — Phase I and 11. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Banyan Tree Planned Unit Development (PUD) in order to allow modifications to the previously approved master plan for the PUD and to allow an extension to the build -out date for the PUD, generally located on both the Northeast and Northwest corners of Northlake and MacArthur Boulevards (Parcels 12.04 and 12.05), as more particularly described herein; amending condition no. 21 of Ordinance 41, 2001 and Condition No. 4 of Ordinance 11, 2003; providing for waivers; providing for conditions of approval; and providing an effective date — for consideration of first reading. The City Clerk read Ordinance 17, 2003 by title only. Senior Planner Mike Sanchez provided the presentation. Steve Mathison, Attorney for the Blood Bank, explained the Sun Terrace CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/17/03 8 property owners had requested extra height on the wall and requested $1,750 offset to the well over $30,000 they would be expending for the wall, and it was pointed out that the Blood Bank was a non - profit organization. Councilmember Russo disclosed he had met with Mr. Mathison and the residents; Mayor Jablin had also met with them. Linda Hughey, Reed Drive, asked how the size of the Banyan Tree historic site was determined, and was told it was 200' from the center of the tree, and the inside curbing for the round about would be outside the drip line of the tree. Ms. Hughey expressed concern there might not be sufficient clearance for trucks and requested a condition that trucks not enter from MacArthur Boulevard. The City Forester indicated trucks now went under the tree. Councilmember Clark moved Ordinance 17, 2003 be placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: Budget Presentation and Resolution 121, 2003 - Alan Owens, Finance Administrator presented the proposed 2003/2004 budget and discussed the proposed tentative millage rate. The millage rate was proposed to be reduced from 6.25 to 6.04. Councilmember Russo disclosed meeting with the budget committee, and commented the budget committee had been very happy with the proposed budget. Resolution 121, 2003 -- Adoption of the Tentative Millage Rate. A Resolution of the City Council of the City of Palm Beach Gardens, Florida adopting a proposed maximum Millage Rate for the City of Palm Beach Gardens for fiscal year 2003/2004; setting the date, time, and place of the first budget hearing; and providing an effective date. Councilmember Clark moved approval of Resolution 121, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 Vote. Councilmember Delgado brought up that Mr. Owens' evaluation was due. Consensus was to do it next meeting. CITY ATTORNEY REPORT: Discussion on DRAFT version of Ordinance 10, 2003. — City Attorney Christine Tatum responded to Councilmember Russo that since this buildout date ordinance would be City- wide, her initial reaction was everyone would be able to vote but she would carefully evaluate that before the time came to vote, which would not be tonight. Councilmember Russo indicated he would not take part in the discussion since he did not know if he would be voting or not. The City Attorney advised that this item was just on this agenda for an update and next would be placed on the Planning and Zoning agenda, then come to City Council for first and second reading. City Engineer Dan Clark provided a presentation on items that would be covered by this ordinance. Vice Mayor Sabatello indicated he had been asked by Council to serve as liaison in negotiations for this agreement but the City Attorney had recently asked him not to serve in that capacity any longer, so the City should appoint another liaison. Vice Mayor Sabatello indicated this request was due to situations and people making claims he was doing things for his own benefit, and he would limit his participation in the discussion. Mr. Clarke reported that it was his opinion that benefit to the city would be that the city's infrastructure would be secured, and if this ordinance was not adopted traffic would not allow projects to be developed. Discussion ensued. Consensus was that the City Manager be the liaison for the agreement. Attorney John Gary was present and spoke on behalf of developers, in favor of this agreement. Attorney Raymond Royce, representing the Borland Center, recommended extending buildout to December 31, 2004. Councilmember Delgado requested developers be included that did not have a developers agreement. Mr. Gary requested the City Council have the final decision. Direction was that CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/17/03 meetings would continue with the City Manager as liaison and this item would be brought back to City Council on August 7, 2003. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 11:30 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST: PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 21, 2003 Meeting Date: August 7, 2003 Resolution: 115, 2003 Subject/Agenda Item: Appointments to Fire Fighters Pension Plan — Clarifying Resolution 70, 2003 appointing Dr. Phillip Butteravoli as the fifth trustee, and Thomas Murphy appointed as a regular member. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ NA Council Action: (Total) City Attorney City Clerk - [ ]Approved $ NA [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other Submitted by: [ X ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Man ger [ X ] Not required Date Prepared: July 21, 2003 Meeting Date: August 7, 2003 Resolution: 115, 2003 • BACKGROUND: Dr. Phillip Buttaravoli was originally appointed to the Board in September 1997, His term had expired and he was re- appointed by Resolution 70, 2003 to serve on the Board as the Council's appointee. His re- appointment as fifth trustee should have been by the 4 remaining board members, confirmed by the City Council. Appoint Thomas Murphy to the Fire Fighters Pension Plan for the remainder of the 2 -year term expiring on April 10, 2005, per the request of the Pension Resource Center. • STAFF RECOMMENDATION: Approve Resolution 115, 2003. Date Prepared: July 21, 2003 1 2 3 RESOLUTION 115, 2003 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA APPOINTING A MEMBER TO THE 8 BOARD OF TRUSTEES OF THE CITY OF PALM BEACH 9 GARDENS FIRE FIGHTERS' PENSION PLAN; CLARIFYING THE 10 TERMS OF A PREVIOUS APPOINTMENT TO THE BOARD; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, Section 38 -53 of the Palm Beach Gardens Code of Ordinances 15 provides for the appointment of members to the Board of Trustees of the City of Palm 16 Beach Gardens Fire Fighters' Pension Fund; and 17 18 WHEREAS, pursuant to that section, the Board of Trustees consists of five 19 trustees, two of whom, unless otherwise prohibited by law, shall be legal residents of 20 the City, who shall be appointed by the City Council, and two of whom shall be 21 members of the system, who shall be elected by a majority of the firefighters who are 22 members of the system. The fifth trustee is chosen by a majority of the previous four 23 trustees, and such person's name is submitted to the City Council for appointment to 24 the Board of Trustees as its fifth trustee; and 25 26 WHEREAS, each trustee serves a two -year term and may succeed himself in 27 office as trustee; and 28 29 WHEREAS, the City wishes to appoint Thomas Murphy as one of the two 30 resident trustees appointed by the City Council; and 31 32 WHEREAS, the City wishes to clarify that the appointment of Dr. Phillip 33 Buttaravoli contained in Resolution 70, 2003 is to be considered the appointment of the 34 fifth trustee chosen by the majority of the other four trustees; and 35 36 WHEREAS, the City Council has deemed approval of this Resolution to be in the 37 best interest of the citizens and residents of the City of Palm Beach Gardens. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 40 CITY OF PALM BEACH GARDENS, FLORIDA that: 41 42 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 43 44 SECTION 2. Thomas Murphy is hereby appointed as a member to the Board of 45 Trustees of the City of Palm Beach Gardens Fire Fighters' Pension Plan for the 46 remainder of the two -year term expiring on April 10, 2005. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: July 21, 2003 Resolution 115, 2003 SECTION 3. Resolution 70, 2003 appointing Dr. Phillip Buttaravoli is hereby clarified to provide that his appointment is to be considered the appointment of the fifth trustee chosen by the majority of the other four trustees. His term of office shall expire on September 18, 2005. SECTION 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of ATTEST: AN Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY AN Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO G: \attorney_share \RESOLUTIONS \reso 115 2003.doc , 2003. CITY OF PALM BEACH GARDENS, FLORIDA MN Eric Jablin, Mayor AYE NAY ABSENT 0, it I 1� °ALI�11' �i; I 4,d 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 7/21/03 Meeting Date: 8/07/03 Resolution: 128, 2003 Subject /Agenda Item: Mobile Data Terminal communications T -1 link through Bellsouth, for wireless General Packet Data Radio solution for MDT's. [ x ] Recommendation to APPROVE n to DENY Reviewed by: Originating Dept.: Costs: $ 32,400 Council Action: Police (Total) City Attorney [ ] Approved $ 900 [ ]Approved w/ Current FY conditions Finance [ ] Denied Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ x ] Operating Paper: [ ] Other. Bellsouth Agreement Submitted by: [ x ] Not Required r' Department Director Affected parties [ ] Notified Budget Acct. #: 001 -1000 -521 -4110 [ ] None Approved by: City Manager [ ] Not required Date Prepared: 7/21/03 Meeting Date: 8107/03 Resolution: 128, 2003 BACKGROUND: The communications for mobile data terminals (NIDT's) has historically been transmitted over frame relay using Cellular Digital Packet Data (CDPD) technology. In 2004 the CDPD transmission technology will end and be replaced by General Packet Radio Service (GPRS). GPRS offers higher capacity, Internet -based content and packet -based data services. This enables services such as e-mail on the move, powerful visual communications, multimedia messages and location -based services. At this time we plan to upgrade our transmission capabilities to a broadband technology T -1. Our existing frame relay will not support the new GRPS platform. The upgrade will provide greater efficiency and flexibility with the transmission media over the current frame relay. We currently have 40 NIDT's that will be phased into the new technology prior to CDPD being discontinued. • MISC / OTHER: Bellsouth provides their lowest price for a 3 year contract at $10,800 per year. • STAFF RECOMMENDATION: Staff recommends approval of service and agreement with Bellsouth for T -1 service for mobile data solution. • RESOLUTION: 128,2003 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 Date Prepared: July 21, 2003 RESOLUTION 128, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A CONTRACT TO BELLSOUTH TELECOMMUNICATIONS, INC. TO UPGRADE COMMUNICATIONS TRANSMISSIONS FOR MOBILE DATA TERMINALS (MDTs); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, communication for mobile data terminals (MDTs) is currently transmitted over frame relay using Cellular Digital Packet Data (CDPD) technology; and WHEREAS, the CDPD technology will end in 2004 and will be replaced by General Packet Radio Service (GPRS), which offers higher capacity, internet -based content and packet -based data services; and WHEREAS, the existing frame relay will not support the new GRPS platform, so an upgrade to a broadband technology T -1 is necessary; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interest of the citizens and residents of the City of Palm Beach Gardens to award a contract to BellSouth Telecommunications, Inc. to upgrade the existing frame relay. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby awards a contract to upgrade communications transmissions for mobile data terminals with BellSouth Telecommunications, Inc. in the amount of $32,400.00 for three years and authorizes the Mayor and City Clerk to execute an agreement acceptable to the City Attorney with BellSouth Telecommunications, Inc. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this ATTEST: In Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO day of Date Prepared: July 21, 2003 Resolution 128, 2003 .2003. CITY OF PALM BEACH GARDENS, FLORIDA My Eric Jablin, Mayor AYE NAY ABSENT G: \attorney share \RESOLUTIONS \BELLSOUTH AGMT for general packet radio svc.doc 2 jrwl BellSouth Business Internet Services Order Summary Form Customer Legal Name: City of Palm Beach Gardens New Order I BellSouth Frame Relay I BellSouth T -1 1 36 months The undersigned Customer hereby orders from BellSouth Telecommunications, Inc. ('BellSouth ") and BellSouth Business Service, respectively, of the type, at the location and for the prices and term specified in this Order Summary Form and its related Order Detail Form(s) (collectively, this "Order"). BellSouth Business Service is provided, and this Order is submitted, subject to and in accordance with the BellSouthe Business Services Terms and Conditions, and all applicable acceptable use policies. This Order is valid only when accepted by an authorized representative of BellSouth. The term of the Service begins upon completion of installation by BellSouth or acceptance of this Order by BellSouth, whichever is later. Order Summary Form Pricin_q Components Information Os a Time Monthly Recurring BellSouth IP Charge $0 $900 Domain Name Registration Fee None N/A DNS N/A Select Packet Filtering Option Not Selected Option Not Selected NewsFeed Option Not Selected Option Not Selected Multi- homing (must complete MHS Service Inquiry) Option Not Selected N/A Expedite Fee" Not an Expedite N/A Intelligent PVC Option Not Selected Option Not Selected NAT (must complete NAT Optional Feature Order Form) Option Not Selected N/A Promotion: Select N/A N/A Total 9/2002 Customer Initials Date: CUSTOMER HAS READ AND AGREES TO BE BOUND BY THIS ORDER, INCLUDING THE APPLICABLE ORDER DETAIL FORM(S) AND THE BELLSOUTH® BUSINESS SERVICES TERMS AND CONDITIONS AND RATE SCHEDULES, AND ALL APPLICABLE ACCEPTABLE USE POLICIES, ALL OF WHICH REPLACE AND SUPERSEDE ANY OTHER NEGOTIATIONS, AGREEMENTS, PROPOSALS AND COMMUNICATIONS (ORAL OR WRITTEN) RELATING TO THE SERVICES LISTED OR DESCRIBED ON THIS ORDER AND SHALL PREVAIL OVER ANY ADDITIONAL OR CONFLICTING TERMS IN ANY PURCHASE ORDER, INVOICE, ACKNOWLEDGMENT OR OTHER SIMILAR DOCUMENT ISSUED BY CUSTOMER. BellSouth Telecommunications, Inc. I City of Palm Beach Gardens The rates for this Service do not include the annual Domain Name registration fee (for first two years) if the customer purchases Domain Name Registration. After the initial two years, the customer will be responsible for paying these fees through the appropriate domain name registrar. If Customer selects this option, BellSouth will attempt to meet the expedited installation date and Customer will be charged the additional one -time installation fee if and only if BellSouth meets such date or would have done so but for delays caused or requested by Customer. 9/2002 Customer Initials Date: RECEIVED JUL 2 $ 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 16, 2003 Meeting Date: August 7, 2003 Resolution 131, 2003 Subject/Agenda Item: Resolution 131, 2003, Approving an agreement with Adorno & Yoss, P.A., to provide Bond and Disclosure Counsel services. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $25;000.00 Council Action: / Total City Attorney Finance [ ] Approved $0 [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ X ] Other • Resolution 131, Fees will be paid 2003 from debt proceeds • Agreement for at closing. Services • Proposal for Bond and Disclosure Counsel Submitted by: Allan Owens [X] Not Required Finance Administra or Affected Budget Acct. #: parties: [ ] Notified [ ] None Approved by: FirM ger [ ] Not required Date Prepared: July 16, 2003 Meeting Date: August 7, 2003 Resolution 131, 2003 BACKGROUND: In order to move forward with the financing of canal improvements this fall, staff sent out Requests for Proposals to provide Bond and Disclosure Counsel services last month. Bond Counsel is required in any issue to express a legal opinion regarding the tax exempt status and validity of the bonds. In the past, the underwriter's counsel typically was responsible for preparing the Preliminary Official Statement and Official Statement. However, it is clear that the Official Statement is the issuer's document; therefore, most entities recently have chosen to hire Disclosure Counsel to prepare the Official Statement, rather than pay the underwriter for this service. We received three proposals: Adorno & Yoss, PA; Bryant, Miller & Olive; and Nabors, Giblin & Nickerson. The responses were received July 7, 2003 and reviewed by staff, giving consideration to the location, experience, staffing, resources, fees, and references provided by the firms. While all firms are highly qualified and competent, staff recommends Adorno & Yoss, PA, be retained to provide Bond and Disclosure Counsel services. They are a local firm with offices in West Palm Beach and throughout Florida, and concentrate their practice in the South Florida area. They will provide these services for $1.50 per $1,000 par amount, with a minimum fee of $25,000. For larger issues ($25 -$50 million), their fee drops to $.80 per $1,000 par amount, and then $.60 per $1,000 par amount for issues greater than $50 million. In order to provide continuity and a more streamlined process for future issues, staff is recommending an agreement for a term of five years; however, there is a Termination of Agreement section for the protection of both parties. • RECOMMENDATION: Staff recommends approval of Resolution 131, 2003, authorizing the Mayor to execute an agreement with Adorno & Yoss, PA, for Bond and Disclosure services. 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 Date Prepared: July 21, 2003 RESOLUTION 131, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH ADORNO & YOSS, P.A. TO PROVIDE BOND AND DISCLOSURE COUNSEL SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interest of the citizens and residents of the City of Palm Beach Gardens to enter into an agreement with Adorno & Yoss, P.A. to provide Bond and Disclosure Counsel Services; and WHEREAS, an agreement for Bond and Disclosure Counsel Services has been prepared and is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Bond and Disclosure Counsel Services Agreement between the City of Palm Beach Gardens and Adorno & Yoss, P.A. and hereby authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 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 44 467 48 Date Prepared: July 21, 2003 Resolution 131, 2003 PASSED AND ADOPTED this day of , 2003. ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M. Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS \adorno yoss -bond counsel agmt - resolution 131 2003.doc 2 Lri AGREEMENT FOR BOND AND DISCLOSURE COUNSEL SERVICES Between THE CITY OF PALM BEACH GARDENS And ADORNO & YOSS, P.A. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 2003, by and between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and Adorno & Yoss, P.A. located at Building 200, 1551 Forum Place, West Palm Beach, Florida 33401 (hereinafter referred to as CONSULTANT). WHEREAS, CITY requires the services of a CONSULTANT to serve as the City's Bond and Disclosure Counsel who will have the responsibility for the preparation, review, and effective administration of the closing of bond issues sold through the City for a five - year period; and WHEREAS, CONSULTANT represents it is capable and prepared to provide such services. NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be The term of this Agreement shall be for a five -year period, subject to appropriation of funding, except that it may be terminated as provided herein. ARTICLE 2 - SERVICES TO BE PERFORMED BY CONSULTANT 2.1 GENERAL CONSULTANT shall perform the Services as specifically stated in the Scope of Work, attached hereto and incorporated herein as Exhibit A, and as may be specifically designated and authorized by the CITY. 2.2 WORK AUTHORIZATION Such authorizations will be in the form of a Work Authorization. Each Work Authorization will set forth a specific Scope of Services, amount of compensation, a completion date, and shall be approved by the FINANCE ADMINISTRATOR. ARTICLE 3 - COMPENSATION 3.1 -GENERAL As compensation for providing the Services enumerated in subsequent Work Authorizations, the CITY shall pay CONSULTANT as provided in Exhibit A. ARTICLE 4 - INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance policies and be written by an insurance company authorized to do business in Florida: 4.1 Workers' Compensation Insurance: The parties acknowledge that CONSULTANT is exempt from carrying Workers' Compensation Insurance. 4.2 General Liability Insurance with each occurrence limits of not less than One Million Dollars ($1,000,000), personal injury and advertising injury liability of not less than One Million Dollars ($1,000,000), products - completed operation aggregate of not less than One Million Dollars ($1,000,000), and general aggregate of not less than One Million Dollars ($1,000,000). 4.3 Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000). Deductible amounts shall not exceed five percent (5 %) of the total amount of required insurance in each category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the certificate(s) of insurance. CONSULTANT shall furnish CITY certificates of insurance which shall include a provision that policy cancellation, non - renewal, or reduction of coverage will not be effective until at least thirty (30) days' written notice has been made to CITY. CONSULTANT shall include CITY as an additional insured on the General Liability Insurance policy required by the Agreement. CONSULTANT shall not commence work under this Agreement until all insurance required as stated herein has been obtained, and such insurance has been approved by CITY. ARTICLE 5 - STANDARD OF CARE CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a comparable professional under similar circumstances, and CONSULTANT shall, at no additional cost to CITY, re- perform services which fail to satisfy the foregoing standard of care. CONSULTANT warrants that all Services shall be performed by skilled and competent personnel to the recognized professional standards in the field. 2 ARTICLE 6 - INDEMNIFICATION 6.1 GENERAL Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, CITY and CONSULTANT agree to allocate such liabilities in accordance with this Article 6. 6.2 INDEMNIFICATION CONSULTANT agrees to protect, defend, indemnify, and hold harmless CITY, its employees, and representatives from any and all claims and liabilities, including all attorney's fees and court costs, including appeals, for which CITY, its employees, and representatives can or may be held liable as a result of injury to persons or damage to property occurring by reason of any negligent acts or omissions or willful misconduct of CONSULTANT, its employees, or agents arising out of or connected with this Agreement. CONSULTANT shall not be required to indemnify CITY or its agents, employees, or representatives when an occurrence results from the wrongful acts or omissions of CITY or its agents, employees, or representatives. 6.3 SURVIVAL Upon completion of all Services, obligations, and duties provided for in this Agreement or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 7 — INDEPENDENT CONTRACTOR CONSULTANT undertakes performance of Services as an independent CONSULTANT and shall be wholly responsible for the methods of performance. CITY shall have no right to supervise the methods used, but CITY shall have the right to observe such performance. CONSULTANT shall work closely with CITY in performing Services under this Agreement. ARTICLE 8 - COMPLIANCE WITH LAWS In performance of Services, CONSULTANT will comply with applicable regulatory requirements, including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria, and standards. ARTICLE 9 - SUBCONSULTING CITY reserves the right to accept the use of a subconsultant or to reject the selection of a particular subconsultant. If a subconsultant fails to perform or make progress as required by this Agreement and it is necessary to replace the subconsultant to complete the work in a timely fashion, CONSULTANT shall promptly do so, subject to acceptance of the new subconsultant by CITY. ARTICLE 10 - FEDERAL AND STATE TAXES CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, CITY will provide an exemption certificate to CONSULTANT. CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with CITY, nor shall CONSULTANT be authorized to use CITY'S Tax Exemption Number in securing such materials. ARTICLE 11 - AVAILABILITY OF FUNDS The obligations of CITY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Council of CITY. ARTICLE 12 - CITY'S RESPONSIBILITIES CITY shall be responsible for providing information on hand required by CONSULTANT, including existing reports, studies, and other required data that are available in the files of CITY. ARTICLE 13 - TERMINATION OF AGREEMENT This Agreement may be terminated by CONSULTANT upon thirty (30) days' prior written notice to CITY in the event of substantial failure by CITY to perform in accordance with the terms of the Agreement through no fault of CONSULTANT. It may also be terminated by CITY, with or without cause, upon thirty (30) days' written notice to CONSULTANT. Unless CONSULTANT is in breach of this Agreement, CONSULTANT shall be paid for services rendered to CITY'S satisfaction through the date of termination. After receipt of a Termination Notice, and except as otherwise directed by CITY, CONSULTANT shall: a. Stop work on the date and to the extent specified. b. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. c. Transfer all work in process, completed work, and other material related to the terminated work to CITY. d. Continue and complete all parts of the work that have not been terminated. CONSULTANT shall be paid for Services actually rendered to the date of termination. ARTICLE 14 - UNCONTROLLABLE FORCES Neither CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is 4 beyond the reasonable control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental action. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 15 - GOVERNING LAW AND VENUE The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, and the Agreement will be interpreted according to the laws of Florida. ARTICLE 16 - NON - DISCRIMINATION CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age, or national origin. ARTICLE 17 - WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. ARTICLE 19 - ENTIRETY OF AGREEMENT CITY and CONSULTANT agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between CITY and CONSULTANT pertaining to the Services, whether written or oral. None of the provisions, terms, and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered except by written instrument executed by the parties hereto. The following documents are made an integral part of this Agreement: • Response dated July 7, 2003 ARTICLE 20 - MODIFICATION The Agreement may be modified only by a written amendment executed by both parties. ARTICLE 21 - SUCCESSORS AND ASSIGNS CITY and CONSULTANT each binds itself and its partners, successors, assigns, and legal representatives to the other party to this Agreement and to its partners, successors, executors, administrators, assigns, and legal representatives. CONSULTANT shall not assign this Agreement without the express written approval of CITY via executed amendment. ARTICLE 22 - CONTINGENT FEES CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 23 - TRUTH -IN- NEGOTIATION CERTIFICATE Execution of this Agreement by CONSULTANT shall act as the execution of a truth -in- negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. In The said rates and costs shall be adjusted to exclude any significant sums should CITY determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 24 - OWNERSHIP OF DOCUMENTS Any and all documents, records, disks, or other information shall become the property of CITY for its use and /or distribution as may be deemed appropriate by CITY. ARTICLE 25 - ACCESS AND AUDITS CONSULTANT shall maintain adequate records to justify all charges and costs incurred in performing the Services for at least three (3) years after completion of this Agreement. CITY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal working business hours at CONSULTANT'S place of business. ARTICLE 26 — NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To CITY City of Palm Beach Gardens 10500 Military Trail Palm Beach Gardens, FL 33414 Attention: Finance Administrator As To CONSULTANT Adorno & Yoss, P.A. 1551 Forum Place, Building 200 West Palm Beach, FL 33401 Attention: Morris G. Miller, Partner Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received; however, facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONSULTANT and CITY. ARTICLE 27 - CONTRACT ADMINISTRATION Services of CONSULTANT shall be under the general direction of the Finance Administrator, who shall act as CITY'S representative during the term of the Agreement. 7 ARTICLE 28 - KEY PERSONNEL CONSULTANT shall notify CITY in the event of key personnel changes which might affect this Agreement. Notification shall be made within ten (10) days of said changes. CITY has the right to reject proposed changes in key personnel. The following personnel shall be considered key personnel: Morris G. (Skip) Miller; Richard R. Ellington. ARTICLE 29 - CONFIDENTIALITY No reports, information, computer programs, documentation, and /or data given to, or prepared or assembled by CONSULTANT under this Agreement shall be made available to any individual or organization by CONSULTANT without prior written approval of CITY. ARTICLE 30 CONFLICT OF INTEREST CONSULTANT represents that it has provided a list of all current clients (attached hereto and incorporated herein as Exhibit B) subject to the jurisdiction of CITY. CONSULTANT represents that the representation of these existing clients will not either directly or indirectly conflict in any manner with the performance of the Services under this Agreement. Any actual or potential conflict between existing clients and responsibilities under this Agreement shall be immediately brought to the attention of CITY. During the term of this Agreement, CONSULTANT agrees not to provide services for any developer or property owner (other than those identified on Exhibit B) who has applied for or will be applying for a permit or other official sanction from CITY without the written consent of CITY. CONSULTANT shall promptly notify CITY in writing of all potential or actual conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence CONSULTANT'S judgment or quality of the services. The notice shall identify the prospective business association, interest, or circumstance and the nature of work that CONSULTANT wants to undertake and request CITY'S response as to whether the association, interest, or circumstance would, in the opinion of CITY, constitute a conflict of interest if entered into by CONSULTANT. CITY agrees to notify CONSULTANT of its opinion within thirty (30) days of receipt of notification by CONSULTANT. If, in the opinion of CITY, the prospective business association, interest, or circumstance would not constitute a conflict of interest by CONSULTANT, CITY shall so state in its response, and the association, interest, or circumstance shall not be deemed to be a conflict of interest with respect to the services. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement all as of the day and year first above written. ATTEST: A Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ristine P. Tatum, City Attorney CITY OF PALM BEACH GARDENS A Eric Jablin, Mayor WITNESSES: CONSULTANT ADORNO & YOSS, P.A. 1. By: 2. (Corporate Seal) G:\ attorney_share\AGREEMENTS\ADORNO YOSS - BOND COUNSEL SVCS.doc Z EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE The law firm(s) retained to perform legal and bond and disclosure counsel services shall work with the City Attorney, City Manager, Finance Administrator, other City staff, and the City's Financial Advisor in advising the City and the City Council regarding municipal finance matters. The services will be those customarily attendant to bond financing including, but not limited to, the following: 1. Advice and assistance with regard to various financing options. 2. Preparation of bond ordinances and /or resolutions. 3. Preparation of opinions of counsel for compliance with applicable federal and state laws. 4. Preparation or review of various financing documents, affidavits, certificates, the record of proceedings, and the closing statement and closing transcript. 5. Preparation of the official statement to be used by the Underwriters in the marketing of any bonds issued by the City, or if acting solely as Bond Counsel in a particular issue, review of the official statement prepared by the Financial Advisor or Underwriter's Counsel. 6. Compliance with all applicable Securities and Exchange Rules. 7. Compliance with arbitrage rebate regulations. 8. Preparation of documents to be filed with the State of Florida's Department of Bond Finance. 9. Preparation of documents to be filed to comply with any Securities and Exchange Commission's rules and regulations. 10. Work with Financial Advisor in the development of a coordinated approach for the overall requirements of the financing program. 11. Provide expert testimony at validation hearings. 12. Keep the City and staff continually informed of relevant developments in the municipal, legal, and bond financing environment. 13. Provide legal advice as to acceptance or rejection of the bids to purchase the bonds received at public sale or the bond purchase agreement received from the investment banker through a negotiated sale. 14. Provide special bond counsel advice to the City as needed. This may include assistance in the development of alternative financing programs for potential capital projects, working with citizen committees, evaluating state and federal legislation for the City, and other tasks as needed. 15. Advise the City on proposed and actual changes in tax laws and financial market developments, as well as on pending and proposed legislation (both state and federal), that could affect City's bond financing plans. 16. Attend City Council meetings and other scheduled City meetings as requested, with reasonable advance notice. 17. Advise on internal revenue code regulations related to the issuance of taxable, tax - exempt, or private activity municipal bonds. 18. Other services as required by the City. Compensation and expenses (1) Fee Schedule- Please provide a fee schedule for the following Scope of Services: a. General Obligation bonds b. Revenue bonds C. Non ad valorem revenue bonds d. Leases e. Notes f, Refinancing g- Private Placements All fees for services in connection with the issuance of bonds are contingent upon delivery of the bonds and payment shall be made upon delivery of the bonds or at such time thereafter as your firm shall bill for such services. For services rendered on matters unrelated to a particular bond issuance, the firm shall be compensated at an hourly rate which shall be determined by negotiation between the firm and the City. You should also include an illustration of representative fees charged by you to other counties or municipalities in the State of Florida. We propose the following fee schedule (also see footnotes): General Obligation Bonds, Non Ad Valorem Revenue Bonds and Revenue Bonds Bond issue size of up to $25,000,000 $25,000,000 to $50,000,000 Over $50,000,000 Leases or Certificates of Participation Bond issue size of up to $25,000,000 $25,000,000 to $50,000,000 $1.50 per $1,000 par amount, with a minimum fee of $25,000. $37,500 plus $0.80 per $1,000 par amount in excess of $25,000,000. $57,500 plus $0.60 per $1,000 par amount in excess of $50,000,000. $2.00 per $1,000 par amount, with a minimum fee of $35,000. $50,500 plus $1.20 per $1,000 paramount in excess of $25,000,000. )ver $50,000,000 $80,000 plus $0.90 per $1,000 par amount in excess of $50,000,000. ?ootnotes 1. Fee schedule assumes preparation of both the "bond documents" and the "disclosure documents" by the Firm. For refinancings that are treated as "current refundings" under the Internal Revenue Code of 1986, as amended (the "Code "), our fees would be the same as for a comparable "new money" deal. For refinancings that are treated as "advance refundings" under the Code, our fees would be 10%o higher than for a comparable "new money" deal. 1. For Notes issued in anticipation of bonds, our fees would be 40% of what the fee would be for the corresponding bond issue. 5. For Private Placements not requiring an official statement or other offering document, our fees would be 40% of what the fee would be for the corresponding bond issue. All of these fees are subject to adjustment, either downward or upward, depending upon the complexity of the transaction. This fee schedule is unique for the City of Palm Beach Gardens because it includes bond counsel and disclosure counsel services. We would be happy to provide you copies of the fee schedules we operate under for other issuers where we provide only "bond counsel" services. (2) Reimbursement for Costs: Unless the City and the successful Proposer(s) agree otherwise, the City will reimburse the Firm for the actual expenses incurred by it for copying, postage, overnight delivery, long distance telephone calls, travel, lodging, meals (all travel, lodging and meals shall be at rates allowed to public employees under state law), court reporter fees, transcripts, court filing fees and process service fees. There will be no reimbursement for any other expenses not identified in the preceding sentence without the express written authorization of the City Attorney. There will be no reimbursement for travel expenses incurred for which the City is the destination without the express written authorization of the City Attorney. Since we are located in West Palm Beach, we would not anticipate any travel expenses. Any travel outside of Palm Beach County will be billed according to State law in Chapter It 2, Florida Statutes. Othercosts, such as photocopies, facsimile transmission, express delivery and long distance telephone will be billed at our standard rates. EXHIBIT B CLIENT LIST Town of Juno Beach, Florida Broward County Office of the County Attorney, Fort Lauderdale, Florida Northern Palm Beach County Improvement District, Palm Beach Gardens, Florida Palm Beach County, West Palm Beach, Florida JUN -27 -2003 FRI 11;08 AM FAX N0. P. 02 Jun-M -2003 16:40 From -KEYES COVERAGE 1 AC CERTIFICATE OF LIABt PROWiCrA (954)7Z4 -7000 FAX (954)724 -7024 Keyes Coverage, Inc. 9201 west McNab (toad Tamarac, FL 33321 Attn: Mary Hazelwood Br8URw rno Oss, A Prof ess -0na ASSOC ati011 Attn: Palm McKay 2601 S. Bayshore Dr. Coconut Grove, FL 33133 Fax; 305 -959 -4777 9547247021 T -842 P.001 /001 F -055 LITY INSURANCE 06/Z6/2003 THM CKRTIFICATE IS 188UEO AS A ArWOF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AMEND, WEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSLV&RA; The Hartford INS AW-M B: rmpzR C: INSURER O: NIHURER w THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWI'THSTANDIN ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES O ESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAIR CLAIMS. HOLDER C-Ity of Palm Roach Cardona 10S00 North Military Trail Palen Beach Gnrdens, FL 33410 $HOMO ANY OF THE ABOVE DESGNPW POUGSRI OE CANCELLED BRORK TO EXPIRATION DATE TWJWDF, THE OBLONG COMPANY WILL ENDEAVOR TO MAIL 1d DAY* WRITTEN NOTICE TO THE CIRTIFiwm HOLDEI! NAMED TO THE LEFT, BUT FAILURE TO MAIL 3U CH NOTICE SMALL IMPOW NO OBLIGATION OR LIASILrfY OP ANY IOND UPON THE COMPANY, rT7 AGENTS OR R1PRlSQ9TATWM rNORRW gEPRlSRItTATNE rev Keves/KEY07 TYP60FM1URANGQ POLICY NwKR F Twm 06M/2004 LOWS A awanAL LIABILITY X COMMERCIAL GENEVAL LIABILITY CUUMB MADE Q OCCUR 21SBAEKQ509 06/30/2003 EACH oceuRRENCE s FIRE DAMAGE Wy one NrR} i A5001 MED EXP IMI, we nE 11 PERSONAL & AOV ftWAY 11 GEP19RALAGOREGATE i 1.000, OEN9. AGGREGATE LIMIT APPLIES PER: POLICY P LOG AUTOMOOILZ WAINUTY ANY AUTO ALL OWNED AUTOS SCHEDLED AUTOS HIREb AUTO$ MONOWNED AUTOS PRODUCTS - COMINOP AGO 1 1,000,00 COMBINED SINGLE LIME r (En moMeM i BODILY O�� i BODILY INJURY tP« icdQ�np PROPERTY DAMAGE (Per IlmQenQ i GARAGE LIABILITY ANY AUTO AUTO ONLY -FA ACCIDENT Ii OTHER T►IAN FA ACC AUTO ONLY: AGG i i EXCESS LIAIXUTY OCCUR ID CLAIMS MADE DMUCTIBLE RETENTION S EACH OCCURRENCE BI AGGREGATE i i A W011jaw COMPENSATION AMP EMPLOYERS' LIARMITY 21W=X3694 06/30/2003 06/30/2004 X I eRY C E.L. EACH ACCIDENT 6 100 Q E.L. DISEASE - EA EMPLOYE i 1100 E.L OW ABE - POLICY LIMB 1 500.000 OTHER '.De'rrTIR 8ti HOlAQr iSTnamed as AdAiil0OM7 DI1sured �lSPfcdALPROVI510N5 HOLDER C-Ity of Palm Roach Cardona 10S00 North Military Trail Palen Beach Gnrdens, FL 33410 $HOMO ANY OF THE ABOVE DESGNPW POUGSRI OE CANCELLED BRORK TO EXPIRATION DATE TWJWDF, THE OBLONG COMPANY WILL ENDEAVOR TO MAIL 1d DAY* WRITTEN NOTICE TO THE CIRTIFiwm HOLDEI! NAMED TO THE LEFT, BUT FAILURE TO MAIL 3U CH NOTICE SMALL IMPOW NO OBLIGATION OR LIASILrfY OP ANY IOND UPON THE COMPANY, rT7 AGENTS OR R1PRlSQ9TATWM rNORRW gEPRlSRItTATNE rev Keves/KEY07 COPY DEFENSE RESEARCH INSTITUTE LAWYERS PROFESSIONAL TMeStFhul LIABILITY PROTECTION - CLAIMS -MADE COVERAGE SUMMARY This Coverage Summary shows the limits of coverage, deductible, retroactive date, and extended reporting period options that apply to your Defense Research Institute Lawyers Professional Liability Protection - Claims -Made. Limits Of Coverage Each wrongful act $20,000,000 Retroactive date: N/A Total limit $20,000,000 (If an amount is not shown for this limit, see the Total limit section of your policy.) Deductible Each wrongful act $100,000 Total deductible $200,000 Extended reporting period options: $253,501.00 for a 12 month period $375,182.00 for a 24 month period $405,602.00 for a 36 month period $608,403.00 for an unlimited time period Optional Coverages You have selected the following optional coverages: Separate Limit For Defense Expense Each wrongful act defense expense limit $20,000,000 Total defense expense limit $20,000,000 Career Coverage -� Name of Insured Policy Number 506JS6063 - Effective Date 10/27/01 ADORNO & ZEDER, P.A. Processing Date 11/08/01 13:06 002 P0011 Rev. 11 -98 Printed in U.S.A. Insuring Agreement ©St.Paul Fire and Marine Insurance Co. 1998 All Rights Reserved Page 1 of 1 RESPONSE TO INVITATION TO PROPOSE PROPOSAL FOR BOND AND DISCLOSURE COUNSEL for THE CITY OF PALM BEACH GARDENS, FLORIDA from ADORNO & YOSS, P.A. ADORNO & YOSS, P.A. 1551 Forum Place, Building 200 West Palm Beach, Florida 33401 Telephone: (561) 640 -8000 Facsimile: (561) 640 -6030 email:mgm@adorno.com SUBMITTED: July 7, 2003 W8025488_4 ADORNO & YOSS, P.A. A PROFESSIONAL ASSOCIATION 1 55 1 FORUM PLACE, BUILDING 200 WEST PALM BEACH, FL 3340 1 PHONE: (56 1) 640 -8000, FAx (56 1) 640 -6030 WWW.ADORNO.COM City Clerk City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 0 July 7, 2003 Re: Proposal for Bond and Disclosure Counsel Adorno & Yoss, P.A. is pleased to submit this response to your Invitation to Propose to serve as Bond and Disclosure Counsel for the City of Palm Beach Gardens. We understand that this proposal is to provide bond and disclosure counsel related services to the City of Palm Beach Gardens for a period of five (5) years. We believe that we are extremely well qualified to provide all of those services and we will provide them in a timely manner. Adorno & Yoss, P.A. is a South Florida firm with 6 offices, including West Palm Beach. The firm also is the largest minority owned law firm in the State of Florida. We are large and diversified enough to provide all of the legal services the City may need from its bond and disclosure counsel, but you will receive the personalized service of a local firm. Morris G. (Skip) Miller and Richard R. Ellington, partners in the firm's West Palm Beach office, will be primarily responsible for providing the requisite legal services to the City. The West Palm Beach office is located at 1551 Forum Place, Building 200, West Palm Beach, Florida 33401 and the telephone number is (561) 640 -8000. Messrs. Miller and Ellington are the two persons authorized to make representations to the City on behalf of Adorno & Yoss, P.A. Thank you for the opportunity to be of service. W8025488_4 Very truly yours, Morris G. (Skip) Miller, Partner 1. Letter of Transmittal. ' See previous page. 2. Statement acknowledging receipt of each addendum issued by the City. ' We have not received any addenda to the City's Invitation to Propose. ' 3. Statement to the effect that, to its knowledge, its retention would not result in a conflict of interest with any party. Alternatively, should any potential conflict exist, the prospective Bond and Disclosure Counsel's proposal should specify the party with which there might ' be a conflict, the nature of the potential conflict, and the means proposed to resolve such conflict. Selection of Adorno & Yoss, P.A. will not result in any current or potential conflict of interest. Neither the Firm nor any member of the Firm has or had a financial or contractual relationship with any elected city official or, to our knowledge, with a firm in which they are employed. ' 4. Qualifications and experience of the firm(s) /individual(s) who will provide the services. The submission should include: (a) A general description of the firm, its organization, size and structure. Describe in general your firm's national, statewide and local service capabilities. Specifically, address in detail the firm's municipal finance experience. In order to be eligible to qualify as bond and disclosure counsel for the City of Palm Beach Gardens, the following minimum requirements must be met: I (1) Your firm must be listed in the most recent edition of The Bond Buyer's Municipal Marketplace. The Firm is a nationally recognized Bond Counsel law firm listed in The Bond Buyer's Municipal Marketplace (the "Red Book "). See Exhibit "A" attached hereto. ' (2) The firm must have been established as a legal entity in the State of Florida and have performed continuous bond and disclosure counsel services to one or more governmental entities or municipalities fora minimum of five ' (5) years. The Firm was founded in 1986. Several of the municipalities and counties for which we ' serve as bond counsel have been clients for more than five (5) years. (3) All partners and associates providing service to the City must hold a valid ' license to practice law in the State of Florida. IW8025488_4 1 1 ' All partners and associates who would be providing service to the City of Palm Beach Gardens are admitted to practice in Florida. ' (4) All partners and associates assigned to this engagement must be thoroughly familiar with all aspects of bond financing. Preference will be ' given to those who can demonstrate successful bond financing experience. The qualifications and experience of the partners and associates who will be assigned to this engagement are included in the below response. (5) Tax partner, with experience in the area of tax law as it applies to issuers ' of tax- exempt obligations must reside in the State of Florida. Jeffrey D. DeCarlo, the tax partner who will be assigned to this engagement, works in the Firm's Miami office. Mr. DeCarlo is a full time resident of the State of Florida and is a member of the Florida Bar. ' (6) The City and the selected Bond and Disclosure Counsel shall agree that, while this Contract is in effect, Bond and Disclosure Counsel shall not act ' as counsel in any litigation, administrative proceeding or other proceeding in which the City is named as an adverse party or in which Bond and Disclosure Counsel takes a position adverse to the City. ' Adomo & Yoss, P.A. agrees that during the term of the contract it will not act as counsel in any litigation, administrative proceeding or other proceeding in which the City is named as an ' adverse party or in which the firm will take an adverse position adverse to the City. General Description of the Firm ' Adomo & Yoss, P.A. is an "AV" rated full service law firm with offices in Miami, Fort Lauderdale, Boca Raton, Delray Beach, and West Palm Beach. We currently have approximately ' 125 attorneys representing a wide spectrum of public and private clients. The Firm has built its reputation on the diverse backgrounds and talents of its attorneys and employees. The composition of the partners, associates and support staff closely match the demographics of the South Florida ' community. The Firm is the largest minority -owned law firm in the State of Florida and one of the largest minority -owned law firms in the United States. ' Founded in 1986, the Firm is a professional association organized and operating under the laws of the State of Florida. It maintains a support staff of approximately 145 persons, including secretaries, legal assistants and paralegals, word processors, and office support personnel. The ' president of the Firm is Henry N. Adomo. The West Palm Beach office of the firm presently has four partners. We are continuing in ' the West Palm Beach office our Firm's long history of commitment to the continued success of the communities in which we practice. Morris G. (Skip) Miller and Richard R. Ellington, two municipal IW8025488_4 2 i bond lawyers with over 20 years of experience, are the municipal finance partners in the West Palm Beach office and the lawyers in the Firm who will provide bond and disclosure services to the City. ' The Firm is much like South Florida - youthful, diverse, multi - cultural, multi - lingual and growing. The Firm attributes its success to three main factors. First, the Firm has attracted ' experienced attorneys who are experts in their respective fields. Not only do they understand the legal ramifications of particular issues, they also are sensitive to the related business, regulatory and financial implications. Second, the Firm is result oriented. It recognizes that the client's fundamental goal is to resolve the particular problem or need as quickly, efficiently and successfully as possible, with the cost of the legal services themselves being an important overall consideration. ' And third, the Firm understands the uniqueness of South Florida and brings a multi- ethnic makeup to the dynamic, multi- ethnic community in which it practices. ' The Firm provides services to a broad spectrum of clients, from major multi - national corporations to state and local governments. The Firm's practice areas include all aspects of litigation, corporate, tax, health, insurance and employment law, real estate, estate planning, ' creditor's rights, bankruptcy, public finance, land use and governmental affairs. Although most of the Firm's clients are in South Florida, the Firm also does a significant amount of legal work throughout the state of Florida, in those other states where attorneys in the Firm are licensed to practice, and in Central and South America. Municipal Finance Expertise ' The Firm's public finance department has been in existence since the inception of the Firm in 1986. The Firm, through its public finance department, offers a comprehensive approach to municipal finance. It has developed specializations in areas that meet many of the legal needs of ' its clients, including, but not limited to, the following forms of transactions: General Obligation, Revenue, Current Refunding, Advanced Refunding, Special Assessment, Credit Enhancement, Liquidity Facilities, Certificates of Participation, Variable Rate, Fixed Rate, Single Family Housing I Bonds, Multifamily Housing Bonds, Health Facility Bonds, Industrial Development Bonds, and Derivative Products. ' The Firm has facilitated issuances to fund or refund virtually every form of permitted public and private infrastructure improvement, including, but not limited to: ports and airports, water and sewer plants, public transportation, entertainment and sports complexes, community redevelopment areas, fire and police stations, courthouses, government centers, industrial facilities, hospitals, nursing homes, assisted living and Alzheimer's care facilities, adult congregate living facilities, universities, schools, museums, toll roads, parks, convention centers, co- generation units, storm ' water improvements, single family and multifamily housing, parking facilities, bridges, out - patient centers, and solid waste facilities. This broad spectrum of project financing gives the public finance department a unique perspective on options that may be available in potential issuances. IW8025488_4 3 I ' The Firm has represented municipalities, community redevelopment agencies, counties, special districts and the State of Florida in a variety of capacities. The Firm and its attorneys are or ' have been retained to serve as Bond Counsel, Disclosure Counsel, Underwriters' Counsel, Bank Counsel, Developer's Counsel, Isssuer's Counsel and Trustee's Counsel. During the last five years, the public finance department of the Firm has acted as bond, disclosure, isssuer's, or underwriters' counsel in over 125 bond issues. This broad base of experience, combined with the expertise of attorneys in the Firm in other areas of practice, also enables us to advise our clients in related areas such as securities law and real estate law. ' (b) Describe your firm's experience as bond counsel for local governmental entities within the State of Florida (for demonstration of familiarity with Florida public ' finance and municipal securities law.) ' The Firm and its attorneys have participated in public finance transactions involving municipalities, counties and special districts throughout the State of Florida. In Palm Beach County alone, the firm and its attorneys have served as either bond counsel, isssuer's counsel or ' underwriter's counsel in bond issues for Palm Beach County, Juno Beach, Riviera Beach, West Palm Beach, Palm Beach, Greenacres, Royal Palm Beach, Lantana, Lake Clark Shores, Atlantis, Palm Beach Shores, Gulf Stream, Boynton Beach, Mangoma Park, the Palm Beach Housing Finance ' Authority, the Northern Palm Beach County Improvement District and the Palm Beach County Solid Waste Authority. ' (c) Identify the firm's engagements in Florida in connection with tax- exempt and taxable financing within the last five (S) years. A response to this section should include information which is representative of the type of bonds and which reflect the variety of bond issues in which your firm has been involved. Please include information as to whether litigation has resulted arising out of such representation and provide details. When providing an answer to the questions contained in this ' section, please include the following information: (1) Purpose of the issue (public improvement, industrial development, etc.) ' (2) Type of issues (general obligation, revenue, etc.) ' (3) Size of issue and term of bonds (4) Manner in which sold (competitive bid, negotiated or private placement) (5) Governmental unit issuing bonds. IW8025488_4 4 ' Set forth below is a list of all bond issues in which Adorno & Yoss, P.A. participated, from July 1, 1998 to July 8, 2003. No litigation has resulted from any of the following transactions. ' 2003 ' $26,785,000 Palm Beach County, Florida, Water and Sewer Revenue Refunding Bonds, Series 2003; Purpose of Issue: Refunding; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $26 785MI10 Years; Closing scheduled for July 8, 2003; Role: Underwriters' Counsel ' $33,615,000 Florida Keys Aqueduct Authority Water Refunding Revenue Bonds, Series 2003; Purpose of Issue: Refunding; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: ' $33.615M/18 Years; Closed June, 2003; Role: Underwriter's Counsel $12,550,000 Miami -Dade County, Florida Education Facilities Authority Variable Rate Demand Revenue ' Bonds (Florida Memorial College Project), Series 2003; Purposes of Issue: Refunding and new money for college facilities; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $12.5M/30 Years; Closed May 2003; Role: Bond Counsel. ' $950, 000 Miami Shores Village, Florida, Fixed Rate Promissory Note (2003A) and $330, 000 Miami Shores Village, Florida, Fixed Rate Promissory Note (2003B); Purpose of Issues: Transportation Improvements and ' Refunding; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of Issue: $1.28M/10 Years; Closed May, 2003; Role: Bond Counsel $19,000,000 Broward County, Florida, Housing Finance Authority, Multifamily Housing Revenue Bonds ' (Sanctuary Cove Apartments Project), Series 2003A and $400,000 Broward County, Florida, Housing Finance Authority, Taxable Multifamily Housing Revenue Bonds (Sanctuary Cove Apartments Project), Series 2003B; Purpose of Issues: Multifamily housing; Manner in Which Sold: Negotiated; Type of Issues: ' Revenue; Size of Issues and Life of Issues: $19.4M/34 Years; Closed May, 2003; Role: Bond Counsel $44,110,000 Northern Palm Beach County Improvement District, Water Control and Improvement Refunding Bonds, Unit of Development No. 9A, Series 2003; Purpose of Issue: Refunding; Manner in Which Sold: Negotiated; Type of Issue: Special Assessment; Size of Issue and Life of Issue: $44.11M/20 Years Closed May, 2003; Role: Underwriters' Counsel '$11,800, 000 Town of Lauderdale- By- The- Sea, Florida, Promissory Notes, Series 2003; Purpose of Issue: Capital Improvements and Refunding; Manner in Which Sold: Private Placement; Type of Issues: Revenue; ' Size of Issues and Life of Issues: $11.8M/8.3 Years; Closed May, 2003; Role: Bank Counsel $1,800,000 Town of Palm Beach Shores, Florida, Promissory Note, Series 2003; Purpose of Issue: Capital Improvements; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of Issue: $1.8M/10 Years; Closed May, 2003; Role: Bond Counsel and Bank Counsel $2,017,500 Town of Bay Harbour Islands, Florida, Promissory Note; Purpose of Issue: Capital ' Improvements; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of Issue: $2.017M/10 Years Closed May, 2003; Role: Bank Counsel IW8025488_4 5 ' $22,500,000 Palm Beach County, Florida, Housing Finance Authority, Multifamily Housing Revenue Bonds (Renaissance Apartments Project), Series 2003A and $1,875,000 Palm Beach County, Florida, Housing ' Finance Authority, Taxable Multifamily Housing Revenue Bonds (Renaissance Apartments Project), Series 2003B; Purpose of Issues: Multifamily housing; Manner in Which Sold: Negotiated; Type of Issues: Revenue; Size of Issues and Life of Issues: $24.375M/24 Years; Closed May, 2003; Role: Underwriters' Counsel ' $35,000,000 City of Miramar, Florida, Capital Improvement Revenue Note, Series 2003; Purpose of Issue: Bond anticipation; Manner- in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life ' of Issue: $35.OM13 Years Closed May, 2003; Role: Bank Counsel $816,988.50 Town of Juno Beach, Florida, Promissory Note, Series 2003; Purpose of Issue: Refunding; ' Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of Issue: $0.816M/10 Years; Closed April, 2003; Role: Bond Counsel $12,270,000 Florida Housing Finance Corporation Multifamily Mortgage Revenue Bonds, 2003 Series F ' (Eagle Pointe Apartments); Purpose of Issue: Multifamily housing; Manner in Which Sold: Competitive Bid; Type of Issue: Revenue; Size of Issues and Life of Issues: $12.27M/34 Years Closed March, 2003; Role: Issuer's Disclosure Counsel $3,592,000 City of North Lauderdale, Florida, Capital Improvement Revenue Bonds, Series 2003C, Purpose of Issue: Refunding; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and ' Life of Issue: $3.592M/7.5 Years; Closed March, 2003; Role: Bank Counsel $955,000 City of North Lauderdale, Florida, Water and Sewer Revenue Bonds, Series 2003; Purpose of ' Issue: Water and Sewer System Improvements; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of Issue: $0.955M/7 Years; Closed March, 2003; Role: Bank Counsel ' $8,974,000 City of North Lauderdale, Florida, Capital Improvement Revenue Bonds, Series 2003A and 2003B; Purpose of Issue: Refunding; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of Issue: $8.974M/16.5 Years; Closed March, 2003; Role: Bank Counsel ' $18,385, 000 Town of Palm Beach, Florida, Revenue Refunding Bonds, Series 2003A and $6,130, 000 Town of Palm Beach, Florida, Revenue Bonds, Series 2003B ; Purpose of Issues: Refunding and capital Improvements; Manner in Which Sold: Negotiated, Type of Issues: Revenue; Size of Issues and Life of Issues: ' $24.515M/20 Years; Closed April, 2003; Role: Underwriter's Counsel $19,570,000 Florida Housing Finance Corporation Multifamily Mortgage Revenue Bonds, 2003 Series D -1 ' (Portofino Apartments) and $450, 000 Florida Housing Finance Corporation Taxable Multifamily Mortgage Revenue Bonds, 2003 Series D -2 (Portofino Apartments); Purpose of Issues: Multifamily housing; Manner in Which Sold: Competitive Bid; Type of Issues: Revenue; Closed February, 2003; Role: Issuer's Disclosure ' Counsel $7,900,000 Housing Finance Authority of Miami -Dade County (Florida) Multifamily Housing Revenue ' Bonds, Series 2002 -6 (Aswan Village Apartments Project); Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $7.9 million142 years; Closed February, 2003; Role: Bond Counsel IW8025488_4 6 $4, 827,374 South Florida WaterManagement District Line of CreditNotes, Series 2003 -1; Purposeoflssue: Various capital improvements; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of ' Issue and Life of Issue: $4.827M/7.5 Years; Closed February, 2003; Role: Bank Counsel $4,415,000 Fort Lauderdale Community Redevelopment Agency Tax Increment Revenue Refunding Bonds, t Series 2003A (AMT) (Central Beach Community RedevelopmentArea Project) and $195, 000 Fort Lauderdale Community Redevelopment Agency Tax Increment Revenue Bonds, Series 2003E (Non -AMT) (Central Beach Community Redevelopment Area Project); Purpose of Issue: Refunding and Infrastructure Improvements; ' Manner in Which Sold: Private Placement; Type of Issue: Tax Increment Revenue; Size of Issue and Life of Issue: $4.61 M/9.7 Years; Closed January, 2003; Role: Bank Counsel ' $765, 000 Northern Palm Beach County Improvement District Unit 36 Promissory Note (2002); Purpose of Issue: Infrastructure Improvements; Manner in Which Sold: Private Placement; Type of Issue: Special Assessment; Size of Issue and Life of Issue: $0.75M/9 112 Years; Closed January, 2003; Role. Bank Counsel ' $12,165,000 Florida Housing Finance Corporation, Multifamily Mortgage Revenue Bonds, 2003 Series C -1 (Chapel Trace Apartments) and $4,055,000 Florida Housing Finance Corporation, Taxable Multifamily Mortgage Revenue Bonds, 2003 Series C -2 (Chapel Trace Apartments); Purpose of Issues: Multifamily ' housing; Manner in Which Sold: Competitive Bid; Type of Issues: Revenue; Closed January, 2003; Role: Issuer's Disclosure Counsel $8,350,000 Florida Housing Finance Corporation, Multifamily Mortgage Revenue Bonds, 2003 Series A (Pinnacle Grove Apartments); Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed January, 2003; Role: Issuer's Disclosure Counsel ' $2,000,000 City of Hialeah Gardens, Florida, Capital Improvement Revenue Bonds, Series 2003; Purpose of Issue: Miscellaneous Capital Improvements; Manner in Which Sold: Private Placement; Type of Issue: ' Revenue; Size of Issue and Life of Issue: $2 million/12years; Closed January, 2003; Role: Bond Counsel 2002 ' $4,143,945.49 Monroe County, Florida Solid Waste Disposal System Refunding Revenue Note, Series 2002; Purpose of Issue: Refunding; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of Issue: $4.143M/9 Years; Closed December, 2002; Role: Bank Counsel ' $3,495,143.64 Monroe County, Florida Guaranteed Entitlement Refunding Revenue Note, Series 2002; Purpose of Refunding; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and ' Life of Issue: $3.495M/6 Years; Date Closed December, 2002; Role: Bank Counsel $15, 900, 000 Florida Housing Finance Corporation, Multifamily Mortgage Revenue Bonds, 2002 Series 0-1 ' (Heron Cove Apartments) and $2,650,000 Florida Housing Finance Corporation, Taxable Multifamily Mortgage Revenue Bonds, 2002 Series 0-2 (Heron Cove Apartments);Purpose of Issues: Multifamily housing; Manner in Which Sold: Competitive Bid; Type of Issues: Revenue; Closed November, 2002; Role: ' Issuer's Disclosure Counsel $9,987,551 Village of Key Biscayne, Capital Improvement Revenue Bonds, Series 2002; Purpose of Issue: Civic Center; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: ' $9.9M/18.5 years; Closed November, 2002; Role: Bond Counsel IW8025488_4 ' $116,000,000 International Funding I, LLC, Taxable Secured Notes, Series 2002 (First International Finance, LLC Projects); Purpose of Issue: Capital Improvements; Manner in Which Sold: Negotiated; Type of Issue: Loan to Lenders; Size of Issue and Life of Issue: $116M/1.5 Years; Closed November, 2002; Role: Borrower's Counsel and Bankruptcy Counsel $7,692,586 Palm Beach County, Florida Revenue Refunding Bond Anticipation Note (Light Industrial Complex Project) Series 2002; Purpose of Issue: Refunding; Manner in Which Sold: Private Placement, Type of Issue: Revenue; Size of Issue and Life of Issue: $7.692M/1 Year; Closed November, 2002; Role: Bank ' Counsel $4,340, 000 Northern Palm Beach County Improvement District, Water Control and Improvement Bonds, Unit ' of Development No. 278, Series 2002; Purpose of Issue: Infrastructure Improvements; Manner in Which Sold: Negotiated; Type of Issue: Special Assessment; Size of Issue and Life of Issue: $4.34M/31 Years; Closed November, 2002; Role: Underwriters' Counsel $5,137,410 City of Weston, Florida (2002B Promissory Note); Purpose of Issue: Refunding; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of Issue: $5.137M/6112 Years; Closed October, 2002; Role: Bank Counsel ' $6,920,813 City of Weston, Florida (2002A -1 Promissory Note) and $3,044,582 City of Weston (2002A -2 Promissory Note); Purpose of Issue: Parks and Fire Safety; Manner in Which Sold: Private Placement; Type ' of Issue: Revenue; Size of Issue and Life of Issue: $9.967M/5112 Years; Closed October, 2002; Role: Bank Counsel ' $2,000,000 Town of Southwest Ranches, Florida, Promissory Note, Series 2002; Purpose of Issue: Land Acquisition; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of Issue: $2M /10 Years; Closed September; 2002; Role: Bank Counsel $6,570,000 Housing Finance Authority of Miami -Dade County (Florida), Multifamily Housing Revenue Bond, Series 2002 -2A (Captiva Club Apartments) and $250,000 Housing Finance Authority of Miami -Dade County (Florida), Taxable Multifamily Housing Revenue Bonds, Series 2002 -2B (Captiva Club Apartments); ' Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $6.8M/42 years; Closed September, 2002; Role: Bond Counsel $12,610,000 Florida Intergovernmental Finance Commission Capital Revenue Bonds, (City of Aventura, Florida) 2002 Series A; Purpose of Issue: General Governmental Improvements; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed September, 2002; Role: Underwriter's Counsel $1,500,000 City of Plantation, Florida, Promissory Note, Dredging Series 2002A and $500,000 City of Plantation, Florida, Dredging Series 2002B; Purpose of Issue: Dredging; Manner in Which Sold: Private ' Placement, Type of Issue: Revenue; Size of Issue and Life of Issue: $2M /10 Years; Closed August, 2002; Role: Bond Counsel and Bank Counsel $750, 000 Hillsboro Inlet District, Florida, Commercial Variable Rate Revolving or Draw Note, Series 2002; ' Purpose of Issue: Dredging; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of Issue: $0.75M11 Year; Closed August, 2002; Role: Bond Counsel and Bank Counsel W8025488_4 8 ' $17,500,000 Housing Finance Authority of Broward County, Florida, Multifamily Housing Revenue Bond, Series 2002A (St. Croix Apartments Project) and $595, 000 Housing Finance Authority of Broward County, Florida, Taxable Multifamily Housing Revenue Bonds, Series 2002E (St. CroixApartments Project); Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $18.095M/42 years; Closed August, 2002; Role: Bond Counsel $6,190,000 City of Lighthouse Point, Florida, General Obligation Bonds, Series 2002; Purpose of Issue: General Governmental Infrastructure; Manner in Which Sold: Negotiated; Type of Issue: General ' Obligation; Size of Issue and Life of Issue: $6.19M/20 years; Closed August, 2002; Role: Underwriter's Counsel ' $17,500,000 Housing Finance Authority of Broward County, Florida, Multifamily Housing Revenue Bond, Series 2002A (St. CroixApartments Project) and $595,000 Housing Finance Authority of Broward County, Florida, Taxable Multifamily Housing Revenue Bonds, Series 2002B (St. CroixApartments Project); Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $18.095M/42 years; Closed August, 2002; Role: Bond Counsel $9,670,000 Housing Finance Authority of Miami -Dade County (Florida), Multifamily Housing Revenue ' Bond, Series 2002 -IA (Baywinds Apartments); Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $9.6M/42 years; Closed July, 2002; Role: Bond Counsel ' $560,000 St. Lucie County, Florida, Tourist Development Tax Revenue Note, Series 2002 (Thomas J. White Stadium); Purpose of Issue: Tourist Development; Manner in Which Sold: Private Placement; Type of Issue: ' Revenue; Size of Issue and Life of Issue: $0.56M/1 Year; Closed July, 2002; Role: Bank Counsel $320,000 City of Hialeah Gardens, Florida, Refunding Note, Series 2002; Purpose of Issue: Refunding; ' Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of Issue: $0.32M/5 Years; Closed July, 2002; Role: Bond Counsel $8,200,000 Housing Finance Authority of Broward County, Florida Multifamily Housing Revenue Bonds (Colonial Park Apartments Project), Series 2002A and $375,000 Housing Finance Authority of Broward County, Florida Taxable Multifamily Housing Revenue Bonds (Colonial Park Apartments Project), Series 20028; Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotaied; Type of Issue: Revenue; Size of Issue and Life of Issue: $8.57M/42 years; Closed June, 2002; Role: Bond Counsel Letter of Credit Substitution for $5,260,000 Housing Finance Authority of Palm Beach County, Florida, ' Adjustable /Fixed Rate Multifamily Housing Revenue Refunding Bonds, Series 1992A (Mallards Cove, Phase II, Apartments Project); Purpose of Issue: Multifamily Housing; Type of Issue: Revenue; Size of Issue and Life of Issue: $5.26M/30 years; Closed June, 2002; Role: Borrower's Counsel ' $19,270, 00011ousing Finance Authority ofPalm Beach County, Florida Multifamily Housing Revenue Bonds (Indian Trace Apartments Project), Series 2002A and $4,130, 000 Housing Finance Authority of Palm Beach ' County, Florida Taxable Multifamily Housing Revenue Bonds (Indian Trace Apartments Project), Series 20028; Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed June, 2002; Role: Underwriters' Counsel IW8025488_4 9 ' $5,500,000 Miami -Dade County Industrial Development Authority, Variable Rate Demand Revenue Bonds (The Cushman School, Inc. Project), Series 2002; Purpose of Issue: Educational Facilities Housing; Manner ' in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $5.5M/30 years; Closed May, 2002; Role: Bond Counsel ' $4, 530, 000 Northern Palm Beach County Improvement District, Water Control and Improvement Bonds, Unit of DevelopmentNo. 45, Series 2002; Purpose of Issue: Infrastructure Improvements; Manner in Which Sold: Negotiated; Type of Issue: Special Assessment; Size of Issue and Life of Issue: $4.53M/31 Years; Closed ' April, 2002; Role: Underwriters' Counsel $8,255,000 Housing Finance Authority of Broward County, Florida, Multifamily Housing Revenue Bond, Series 2002A (The Meridian Apartments Project) and $375,000 Housing Finance Authority of Broward ' County, Florida, Taxable Multifamily Housing Revenue Bonds, Series 2002E (The Meridian Apartments Project); Purpose oflssue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $8.63M/42 years; Closed April, 2002; Role: Bond Counsel ' $2,350,000 City of Dania Beach, Florida, Promissory Note, Series 2002A; Purpose of Issue: Miscellaneous Capital Improvements; Manner in Which Sold: Private Placement; Type of Issue: Revenue Bond; Size of ' Issue and Life of Issue: $2.35M/10 years; Closed March, 2002; Role: Bond Counsel and Bank Counsel $650,000 City of Dania Beach, Florida, Promissory Note, Series 2002B; Purpose of Issue: Pier Improvements; Manner in Which Sold: Private Placement; Type of Issue: Revenue Bond; Size of Issue and Life of Issue: $0.65M/10 years; Closed March, 2002; Role: Bond Counsel and Bank Counsel ' $9,000,000 City of Lauderdale Lakes Community Redevelopment Agency Promissory Note, Series 2002; Purpose of Issue: Land Acquisition and Redevelopment; Manner in Which Sold: Private Placement; Type of Issue: Tax Increment Revenue; Closed March, 2002; Role: Bank Counsel $5, 000,000 City ofRiviera Beach Community RedevelopmentAgency Promissory Note, Series 2002; Purpose of Issue: Land Acquisition and Redevelopment; Manner in Which Sold: Private Placement; Type of Issue: Tax Increment Revenue; Closed March, 2002; Role: Counsel to City; $1,920,000 City of Cooper City, Florida, Promissory Note, Series 2002; Purpose of Issue: Refunding; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Closed February, 2002; Role: Bank ' Counsel $5,000,000 City of North Lauderdale, Florida, Capital Improvement Revenue Bonds, Series 2002; Purpose ' of Issue: Miscellaneous Capital Improvements; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Closed February, 2002; Role: Bank Counsel ' $22, 000, 000 City of Delray Beach, Florida, Revenue Bonds, Series 2002; Purpose of Issue: LandAcquisition; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Closed February, 2002; Role: Bank Counsel ' 2001 $10,000,000 Town of Davie, Florida, Public Improvement Revenue Bonds, Series 2001; Purpose of Issue: ' Various Capital Improvements; Manner in Which Sold: Negotiated; Type of Issue: Covenant to Budget and Approriate; Size of Issue and Life of Issue: $90M/15 Years; Closed December, 2001; Role: Bond Counsel IW8025488_4 10 $3,013,000 City of Riviera Beach, Florida, Capital Projects Notes, Series 2001; Purpose of Issue: Miscellaneous Capital Improvements; Manner in Which Sold: Private Placement; Type of Issue: Covenant to Budget and Appropriate; Size of Issue and Life of Issue: $3.013M/15 Years; Closed December, 2001; Role: Bond Counsel $2,006,398.82 City of Riviera Beach, Florida, Public Utility Revenue Refunding Notes, Series 2001; Purpose of Issue: Refunding; Manner in Which Sold: Private Placement; Type of Issue: Revenue Bond; Size of Issue and Life of Issue: $2.006M/5 Years; Closed December, 2001; Role: Bond Counsel ' Conversion of $4,230,000 Housing Finance Authority of Broward County, Florida Multifamily Housing Revenue Bonds (Praxis Phase III Project), Series 1998; Purpose of Issue: Multifamily Housing; Type of Issue: Revenue; Size of Issue and Life of Issue: $4.2M/40 Years; Closed December, 2001; Role: Bond Counsel ' $5,000,000 City of Coconut Creek, Florida, Capital Improvement Note, Series 2001; Purpose of Issue: Miscellaneous Capital Improvements; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Closed December 18, 2001; Role: Bank Counsel $7,692,000 Palm Beach County, Florida, Public Improvement Revenue Bond Anticipation Note (Light Industrial Complex Project), Series 2001; Purpose of Issue: Light Industrial Complex; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Closed December 5, 2001; Role: Bank Counsel $700, 000 Northern Palm Beach County Improvement District, Unit 24A Promissory Note( 2001); Purpose 1 of Issue: Finance Infrastructure; Manner in Which Sold: Private Placement; Type of Issue: Special Assessment; Closed November, 2001; Role: Bank Counsel $10,000,000 Town of Lauderdale-by-the-Sea, Florida, Promissory Note; Purpose of Issue: Miscellaneous Capital Improvements; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Closed September, 2001; Role: Bank Counsel ' $2, 000, 000 Palm Beach County, Florida, Industrial Development Revenue Bonds (South County Foundation for Mental Health, Inc. Project) Series 2001 and $1,000,000 South County Foundation for Mental Health, Inc. Taxable Parity Promissory Note, Series 2001; Purpose of Issue: Finance Capital Improvements and Working Capital; Manner in Which Sold: Private Placement; Type of Issue: 501(c)(3) Revenue Bond; Size of Issue and Life of Issue: $2.00M/18 Years; Closed August, 2001; Role: Bond Counsel and Bank Counsel ' $650, 000 Northern Palm Beach County Improvement District, Unit 2A Promissory Note (2001); Purpose of Issue: Finance Infrastructure; Manner in Which Sold: Private Placement; Type of Issue: Special Assessment; Closed August, 2001; Role: Bank Counsel ' $11,835,000 Housing Finance Authority of Broward County, Florida Variable Rate Housing Demand Multifamily Housing Revenue Refunding Bonds (Island Club Apartments Project), Series 2001A and $5,435,000 Housing Finance Authority of Broward County, Florida Subordinate Multifamily Housing ' Revenue Refunding Bonds (Island Club Apartments Project), Series 2001B; Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $17.2M/30 Years; Closed July, 2001; Role: Bond Counsel IW8025488_4 11 r 1 ' $700,000 City of Dania Beach, Florida, Promissory Note, Series 2001; Purpose of Issue: Arbitration Settlement; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of ' Issue: $0.7M/5 Years; Closed July, 2001; Role: Bond Counsel and Bank Counsel $152,180,000 Miami -Dade County Health Facilities Authority Hospital Revenue Refunding Bonds, Series 2001A (Miami Children's Hospital Project); Purpose of Issue: Hospital; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $152M/30 Years; Closed June, 2001; Role: Bond Counsel ' $13,490,000 Housing Finance Authority of Miami -Dade County (Florida), Multifamily Housing Revenue Bonds, Series 2001 -2A and $1,685,000 Taxable Multifamily Housing Revenue Bonds, Series 2001 -2B (Monterey Pointe Apartments Project); Purpose of Issue: Multifamily Housing; Manner in Which Sold: ' Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $15.175M/40 Years; Closed June, 2001; Role: Bond Counsel ' $1,760,000 City of Greenacres, Florida, Revenue Bonds, Series 2001; Purpose of Issue: Public Safety; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of Issue: $1.76M/10 Years; Closed June, 2001; Role: Bond Counsel ' $1,000,000 Town of Southwest Ranches, Florida, Promissory Note, Series 2001; Purpose of Issue: Land Acquisition; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Size of Issue and Life of ' Issue: $IM 110 Years; Closed June, 2001; Role: Bond Counsel $5,000,000 Town of Jupiter Island, Florida, Promissory Note, Series 2001; Purpose of Issue: Land Acquisition; Manner in Which Sold: Private Placement; Type of Issue: General Obligation; Closed June, ' 2001; Role: Bank Counsel $15,900, 000 Housing Finance Authority of Broward County, Florida Multifamily Housing Revenue Bonds, ' Series 2001A and 2001B (Emerald Palms Apartment Project); Purpose of Issue: Multifamily Housing; Type of Issue: Revenue; Size of Issue and Life of Issue: $18M/30 Years; Closed May, 2001; Role: Bond Counsel t $300, 000 Northern Palm Beach County Improvement District, Unit 19 Promissory Note (2001); Purpose of Issue: Finance Infrastructure; Manner in Which Sold: Private Placement; Type of Issue: Special Assessment; Closed May, 2001; Role: Bank Counsel ' $420, 000 Belmont Lakes Community Development District, Special Assessment Improvement Bonds, Series 2001; Purpose of Issue: Water and Sewer Improvements; Manner in Which Sold: Competitive Bid; Type of ' Issue: Special Assessment; Size of Issue and Life of Issue: $0.42M/22 Years; Closed April, 2001; Role: Bond Counsel ' $31,001,056 Housing Finance Authority of Broward County, Florida Single Family Mortgage Revenue Refunding Bonds and Notes, Series 2000A, 2000B, 2000C and 2000D; Purpose of Issue: Single Family Housing, Manner in Which Sold. Negotiated Sale; Type of Issue: Revenue; Size of Issue and Life of Issue: $31M/30 Years; Closed March, 2001; Role: Bond Counsel ' Sale of collateral securing $31,500, 000 Housing Finance Authority of Broward County, Florida GNMA and FNMA Collateralized Home Mortgage Revenue Bonds, 1991 Series A and B; Purpose of Issue: Redeem the Series 1991 Bonds; Type of Issue: Revenue; Size of Issue and Life of Issue: $31.5M/30 Years; Closed February, 2001; Role: Bond Counsel IW8025488_4 12 1 2000 Reissuance of $20,000,000 Housing Finance Authority of Broward County, Florida Multifamily Housing Variable Rate Demand Revenue Bonds (Fair Lake Apartment Project) 1985 Series; Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Reveue; Size of Issue and Life of Issue: $20M/30 Years; Closed December, 2000; Role: Bond Counsel $13,335,000 Housing Finance Authority of Miami -Dade County (Florida) Multifamily Housing Revenue Bonds (Sunset Bay Apartments Project), Series 2000 -5A and $740,000 Housing Finance Authority of Miami - Dade County (Florida) Taxable Multifamily Housing Revenue Bonds (Sunset Bay Apartments Project), Series 2000 -5B; Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $14.375M/40 Years; Closed December, 2000; Role: Bond Counsel $10,000,000 City of Pembroke Pines, Florida, Capital Improvement Note, Series 2000; Purpose of Issue: Various Capital Improvements; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed December, 2000; Role: Underwriter's Counsel $4, 365, 000 Northern Palm Beach County Improvement District, Water Control and Improvement Bonds, Unit of Development No. 44, Series 2000A and $4,100, 000 Northern Palm Beach County Improvement District, Water Control and Improvement Bonds, Unit of Development No. 44, Taxable Series 2000B; Purpose of Issue: Infrastructure Improvements; Manner in Which Sold: Negotiated; Type of Issue: Special Assessment; Closed December, 2000; Role: Underwriter's Counsel $1,000,000 Town of Highland Beach, Florida, General Obligation Bonds, Series 2000; Purpose of Issue: Utility system improvements; Manner in Which Sold: Private Placement; Type of Issue: General Obligation; Closed December, 2000; Role: Bank Counsel $1, 200, 000 Northern Palm Beach County Improvement District, Water Control and Improvement Bonds, Unit ' of Development No. 36, Series 2000; Purpose of Issue: Infrastructure Improvements; Manner in Which Sold: Private Placement; Type of Issue: Special Assessment; Closed December, 2000; Role: Bank Counsel $3,247,939 Seminole Improvement District, Unit 3 Promissory Note (2000) Purpose of Issue: Utility System Improvements; Manner in Which Sold: Private Placement; Type of Issue: Special Assessment; Closed November, 2000; Role: Bank Counsel ' $10,000,000 Village of Key Biscayne, Florida Capital Improvement Revenue Bonds, Series 2000; Purpose of Issue: Village Hall Complex; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $I0M /20 Years; Closed October, 2000; Role: Bond Counsel $10,000,000 Miami -Dade County, Florida Educational Facilities Authority, Revenue Bonds (Carlos Albizu University Project), Series 2000; Purpose of Issue: Education; Manner in Which Sold: Negotiated; Type of ' Issue: Revenue; Size of Issue and Life of Issue: $10M/25 Years; Closed October, 2000; Role: Bond Counsel $8,600, 000 Housing Finance Authority of Miami -Dade County (Florida) Multifamily Housing Revenue Bonds (Hidden Grove Apartments Project), Series 2000 -3; Purpose of issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $8.6MI30 Years; Closed September, 2000; Role: Bond Counsel IW8025488_4 13 ' $30,000,000 City of Boca Raton, Florida, Bond Anticipation Notes, Series 2000; Purpose of Issue: Land Acquisition; Manner in Which Sold: Private Placement; Type of Issue: Bond Anticipation; Closed September, ' 2000; Role: Bank Counsel $5,740,000 City of Fort Lauderdale, Florida, Sanitation Revenue Bonds, Series 2000; Purpose of issue: ' Improvements to Sanitation System; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Closed September, 2000; Role: Bank Counsel $10,000,000 South Florida Water Management District Revenue Note, Series 2000; Purpose of issue: ' General Improvements; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Closed September, 2000; Role: Bank Counsel $9,500,000 Broward County, Florida Airport Exempt Facility Revenue Bonds (Learjet Inc. Project), Series 2000; Purpose of Issue: Airline Maintenance Facility; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $9.5M/20 Years; Closed July, 2000; Role: Bond Counsel $5,000,000 Town of Lauderdale -by- the -Sea, Florida, Promissory Note, Series 2000; Purpose of Issue: Capital Improvements; Manner in Which Sold: Private Placement; Type of Issue: Revenue; Closed June, 2000; Role: Bank Counsel $31,000,000 Miami -Dade County Industrial Development Authority, Revenue Bonds (Gulliver Schools Project), Series 2000; Purpose of Issue: Educational Facilities; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $31 M /30 Years; Closed May, 2000; Role: Bond Counsel $15,225,000 Housing Finance Authority of Broward County, Florida Multifamily Housing Revenue Bonds (The Pointe at Banyan Trails Apartments Project), Series 2000A and $2,450,000 Taxable Multifamily Housing Revenue Bonds (The Pointe at Banyan Trails Apartments Project), Series 20008; Purpose of issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of ' Issue: $17675MI40 Years; Closed May, 2000; Role: Bond Counsel $11,175,000 Housing Finance Authority of Broward County, Florida Multifamily Housing Revenue Bonds ' (Chaves Lake Apartments Project), Series 2000A and $700, 000 Taxable Multifamily Housing Revenue Bonds (Chaves Lake Apartments Project), Series 2000B; Purpose of issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $11.875M/40 Years; Closed March, ' 2000; Role: Bond Counsel $992,900 City of Lauderdale Lakes, Florida, Project Notes, Series 2000A and Series 2000B; Purpose of issue: Public Works Project; Manner in Which Sold: Private Placement; Type of Issue: General Obligation; Size of Issue and Life of Issue: $0.992M/10 Years; Closed February, 2000; Role: Bond Counsel $37,755,000 Miami -Dade County, Florida, Educational Facilities Authority, Revenue Refunding Bonds, Series B (University of Miami FY2000 Issue); Purpose of Issue: Education; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue: $37.755M/20 Years; Closed February, 2000; Role: Bond Counsel $33,724,762 Housing Finance Authority of Broward County, Florida Single Family Mortgage Revenue Refunding Bonds and Notes, Series 2000A, 2000E and 2000C; Purpose of Issue: Single Family Housing; I Manner in Which Sold: Negotiated; Type of Issue: Revenue; Size of Issue and Life of Issue and Notes: $33.725M/30 Years; Closed February, 2000; Role: Bond Counsel IW8025488_4 14 7 $5,000,000 Town of Lantana, Florida, Promissory Note, Series 2000; Purpose of Issue: Transportation Projects; Manner in Which Sold: Private Placement; Type of Issue: General Obligation; Size of Issue and Life of Issue: $5M/18 Years; Closed January, 2000; Role: Bank Counsel 1999 $136,540,000 Miami -Dade County, Florida Educational Facilities Authority, Revenue Bonds, Series A (University of Miami FY2000Issue); Purpose of Issue: Education; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed December, 1999; Role: Bond Counsel $19,990,000 Housing Finance Authority of Broward County, Florida Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Reflection Apartments Project), Series 1999; Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed December, 1999; Role: Bond Counsel $5,000,000 Town of Davie, Florida Public Improvement Revenue Bonds, Series 1999; Purpose of Issue: Various Capital Improvements; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed December, 1999; Role: Bond Counsel $2,000,000 Town of Davie, Florida General Obligation Bonds, Series 1999; Purpose of Issue: Parks and Recreation; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed December, 1999; Role: Bond Counsel $2,800,000 City of Delray Beach, Florida, Revenue Bonds, Series 1999; Purpose of Issue: Telecommunications; Manner in Which Sold: Private Placement; Type of Issue: General Obligation; Size of Issue and Life of Issue: $2.8M/15 Years; Closed December, 1999; Role: Bank Counsel $25,000,000 Palm Beach County, Florida, General Obligations Bonds (Recreational and Cultural Facilities ' Program). Series 1999A; Purpose of Issue: Recreational and Cultural Facilities; Manner in Which Sold: Negotiated; Type of Issue: General Obligation; Closed October, 1999; Role: Underwriter's Counsel ' $14,850,000 Housing Finance Authority of Miami -Dade County, Florida Multifamily Mortgage Revenue Refunding Bonds (Lakes Edge at Walden Apartments Project), Series 1999D -I and $1,400,000 Taxable Multifamily Mortgage Revenue Refunding Bonds (Lakes Edge at Walden Apartment Project), Series 1999D- I I 2; Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed September, 1999; Role: Bond Counsel $7,000,000 Miami Dade County Industrial Development Authority Revenue Bonds (Palmer Trinity Private School Project); Purpose of Issue: Educational Facility; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed August, 1999; Role: Borrower's Counsel $22,600,000 Housing Finance Authority of Broward County, Florida, Multifamily Housing Revenue Bonds (The Pier Club Apartments Project), Series 1999; Purpose of Issue: Multifamily Housing; Size of Issue and Life of Issue: $22.6M/30 Years; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed June, 1999; Role: Bond Counsel $6,045,000 Broward County, Florida, Industrial Development Revenue Bonds (Lynxs CargoPort Project), Series 1999; Purpose of Issue: Airport Cargoport Facility; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed June, 1999; Role: Bond Counsel W80254884 15 ' $4,700,000 Housing Finance Authority of Broward County, Florida Single Family Mortgage Revenue Refunding Bonds, Series 1999A and $19,300,000 Single Family Mortgage Revenue Refunding Bonds, Series ' 1999B; Purpose of issue: Single Family; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed April, 1999 ;Role: Bond Counsel Refunding of $10,700,000 Housing Finance Authority of Broward County, Florida, Multifamily Housing Revenue Refunding Bonds (Waterford Park Project), Series 1991; Purpose of Issue: Multifamily Housing; Manner in Which Sold. Negotiated; Type of Issue. Revenue, Closed April, 1999; Role. Bond Counsel $5,350,000 Housing Finance Authority of Broward County, Florida, Multifamily Housing Revenue Bonds (Stirling Apartments Phase If Project), Series .1999A and $1,050,000 Housing Finance Authority of Broward County, Florida, Taxable Multifamily Housing Revenue Bonds (Stirling Apartments Phase II Project), Series 1999B; Purpose of Issue: Multifamily Housing; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed March, 1999; Role: Bond Counsel $41,580,000 Miami -Dade County, Florida, Stormwater Utility Revenue Bonds, Series 1999; Purpose of Issue: Stormwater Utility; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed February, 1999; Role: Underwriter's Counsel $7,200,000 Village of Key Biscayne, Florida, Stormwater Utility Revenue Bonds, Series 1999; Purpose of Issue: Stormwater Utility; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed January, 1999; Role: Bond Counsel 1998 $10,000,000 Town of Davie, Florida, General Obligation Bonds, Series 1998; Purpose of Issue: Parks and Recreation; Manner in Which Sold: Negotiated; Type of Issue: General Obligation; Closed December, 1998; Role: Bond Counsel 1998 Refunding of $10,000,000 Town of Davie, Florida, General Obligation Bonds, Series 1989; Purpose of Issue: Parks and Recreation; Manner in Which Sold: Negotiated; Type of Issue: General Obligation; Closed December, 1998; Role: Bond Counsel $5,110,000 Miami -Dade County, Florida, Special Obligation Bonds (Courthouse Center Project) Series 1998A and $38,320,000 Miami -Dade County, Florida Special Obligation Refunding Bonds (Courthouse Center Project) Series 1998B; Purpose of Issue: Courthouse Center; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed December, 1998; Role: Underwriter's Counsel ' $ 150, 000,OOOMiami -Dade County, Florida Aviation Revenue Bonds, Series 1998C (AMT); Purpose oflssue: Airport Improvements; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed October, 1998; Role: Underwriter's Counsel ' $3,830,000 Miami -Dade County, Special Assessment Revenue Refunding Bonds (Country Club of Miami Taxing District), Series 1998A- Taxable; Purpose of Issue: Refunding; Manner in Which Sold: Negotiated; ' Type of Issue: Special Assessment; Closed October, 1998; Role: Underwriter's Counsel $60,000,000 Miami -Dade County, Florida, Solid Waste System Revenue Bonds, Series 1998; Purpose of Issue: Solid Waste System; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed August, 1998; Role: Underwriter's Counsel IW8025488_4 16 ' $3,955,000 Miami -Dade County, Florida, Special Assessment Revenue Refunding Bonds (Various Purpose Improvement Projects), Series 1998; Purpose oflssue: Various Capital Improvement; Manner in Which Sold: ' Negotiated; Type of Issue: Revenue; Closed August, 1998; Role: Underwriter's Counsel $233,085,000 Miami -Dade County, Florida Aviation Revenue Refunding Bonds, Series 1998A and Series ' 1998B; Purpose of Issue: Airport Improvements; Manner in Which Sold: Negotiated; Type of Issue: Revenue; Closed July, 1998; Role: Underwriter's Counsel ' Mr. Ellington joined Adorno & Yoss, P.A. in December, 2002. Prior to joining the firm he participated in approximately 45 issues from 1998 not included in the above list, which have a value of over $1 billion. He served as either Issuer's Counsel or Underwriter's Counsel in these issues. In his role as Underwriter's Counsel, in most issues he had the responsibility of preparing the disclosure documents. No litigation has resulted from any of these transactions. ' (d) Include your firm's experience in tax matters relating to compliance with the Internal Revenue Code Regulations and Rulings regarding arbitrage consideration in tax exempt financing. Also, please describe your firm's tax capability and ' experience in handling complex tax questions and opinions, including a listing and profile of all attorneys in your firm who have experience in complex tax matters pertaining to bond transactions. I I I I I Jeffrey D. DeCarlo, the head of the Firm's public finance department, will be the primary attorney in the Firm addressing federal tax issues for the City, working closely with Mr. Miller and Mr. Ellington on tax issues that may arise on a particular issue. Mr. DeCarlo provides federal tax advice on all bond issues in which the Firm is involved. Other members of the Firm's Tax Department will be available to address tax questions on an as needed basis. Mr. DeCarlo's resume is provided in the response to question (h). (e) Provide information relative to your firm's capability and experience in performing arbitrage rebate calculations. The Firm presently does not perform arbitrage rebate calculations. We do, however, review the methodology employed by rebate consultants to ensure their calculations are being done in the correct manner. (f) Identify at least three (3) Florida local governmental clients the City can contact as references with respect to your firm's work performance. For each reference include name, title, address and phone number. Also indicate your role with that agency, whether as bond and disclosure counsel, underwriter's counsel, special counsel or other role. IW80254884 17 u We are pleased to submit the following references. Joseph LoBello, Finance Director Town of Juno Beach 340 Ocean Drive Juno Beach, Florida 626 -1122 (Bond Counsel) Noel Pfeffer, Assistant County Attorney Broward County Office of the County Attorney 115 South Andrews Avenue, Room 423 Fort Lauderdale, Florida 33301 -1870 954- 357 -7600 (Bond Counsel) O' Neal Bardin, Executive Director Northern Palm Beach County Improvement District 357 Hiatt Drive Palm Beach Gardens, Florida 33418 624 -7830 (Underwriter's Counsel) John Long, Debt Manager Palm Beach County 301 North Olive Avenue, 7th Floor West Palm Beach, Florida 33401 355 -2733 (Bond Counsel and Underwriter's (Disclosure) Counsel) (g) Provide a statement of the firm's local availability and degree of accessibility to the City. If the firm is not located in Palm Beach, Broward or Dade counties, give specifics as to how the requisite accessibility will be provided. Adorno & Yoss, P.A. has offices in West Palm Beach, Miami, Fort Lauderdale, Boca Raton, and Delray Beach. Morris G. (Skip) Miller and Richard R. Ellington are both located in the West Palm Beach office and will be fully accessible to the City for bond and disclosure counsel services. ' (h) Identify the individuals who would be responsible for providing services to the City within your firm and describe the qualifications and relevant experience of each. ' Please indicate the primary partner who will be responsible for the City account. Morris G. (Skip) Miller will be the primary partner in the Firm who will be responsible for ' the City's account. The other attorneys who will be providing services to the City are Richard R. IW8025488_4 18 I ' Ellington, a partner in the West Palm Beach office and, for tax matters, Jeffrey D. DeCarlo, a partner in the Miami office. Resumes of each of those individuals follow. I I Morris G. (Skip) Miller Morris G. (Skip) Miller is a partner in the public finance department of the firm and is lnrntarl in the Waet Palm Ranrh nffif-a T%4r M;M -r'c mninr nrPn of nrnotira is mnnirmnl finance. Mr. Miller has served as bond counsel, underwriter's counsel, borrower's counsel (for profit ' and not -for profit), purchaser's counsel or issuer's counsel on approximately 200 financings of various types. Mr. Miller has served as bond counsel to, among others, the Housing Finance Authorities of Broward County and Miami -Dade County, Palm Beach County, Brevard County, Hernando County, Gilchrist County, the City of West Palm Beach, the Town of Juno Beach, the City of Riviera Beach, the Town of Palm Beach Shores, the Village of Royal Palm Beach, the City of Greenacres, the Town of Lauderdale Lakes, the Town of Gulfstream, the City of Homestead and the ' City of Stuart. Mr. Miller has participated in many innovative financings, including taxable bonds, bond ' issues for not - for - profit organizations, mini bonds and special district financings. Publications include "Lease- Purchase Financing -- Will Political Pressure Kill the Golden Goose," Vol. 15, No.3 ' Urban, State and Local Law Newsletter (Spring 1992). Recent speaking engagements include lecturing at the Palm Beach County Institute on Government at Palm Beach Community College (1999); "Checking the Pulse of Providers in the Acute Care and Senior Care Industry" (sponsored ' by William R. Hough & Co.) (1999); "The Bond Buyer's 2nd Annual Florida Public Finance Conference" (1997) and "Public Finance in Florida "(sponsored by Florida Bar Local Government Law Section)(1995). tPositions held by Mr. Miller include Town Attorney for the Town of Juno Beach (1992- 1994); Special Master for Palm Beach County Value Adjustment Board (1994- 1997); Special ' Master for St. Lucie County Value Adjustment Board (1992 -1993, 1995- 1997); and Special Master for Town of Juno Beach Code Enforcement Board (1996 - present). ' Mr. Miller was the primary author of the legislation in the mid- 1980's coordinating the activities of the Florida Housing Finance Agency and the local housing finance authorities. He also served as special counsel to Palm Beach County on all contract negotiations for its new Judicial ' Center and has drafted local ordinances implementing innovative programs in areas such as wastewater and solid waste collection and disposal, subdivision regulations, public health and financing of capital improvements. ' Prior to joining Adorno & Yoss, P.A., Mr. Miller had his own municipal finance practice in Palm Beach Gardens, Florida. Prior to that, he was the managing partner of Miller & Forbes, P.A. ' ( March, 1994 to September, 1997), an associate with Boose Casey Ciklin Lubitz Martens McBane & O'Connell, West Palm Beach, Florida (February, 1990 to February, 1994), an associate with IW8025488_4 19 Cohen, Scherer, Cohn & Silverman, P.A., North Palm Beach, Florida (February, 1988 to February, 1990), an associate with George E. Mueller, Jr. & Associates, P.A., Tampa, Florida (June, 1985 to February 1988), a partner with Nabors, Potter, McClelland, Griffith & Jones, P.A., Titusville, Florida (March, 1980 to May, 1985), and an assistant County Attorney, Orange County, Florida (June, 1979 to March 1980). ■ Mr. Miller received his J.D. from the University of Florida College of Law in Gainesville, Florida, in March of 1979, and a Bachelor of Science in Social and Behavioral Sciences, ' concentrating in Urban Development and Planning, from The Johns Hopkins University, Baltimore, Maryland, in May of 1976. ' Mr. Miller is a member in good standing of The Florida Bar. Richard R. Ellington ' R ichard R. Ellington is an "AV" rated attorney by Martindale- Hubbell and is a partner in the West Palm Beach office. He practices in the areas of public finance, governmental, real estate, and land -use law. His primary focus has been in the area of public finance where he has ' represented major underwriters and public entities. He is listed in the "Red Book ". He served as the General Counsel of the Housing Finance Authority of Palm Beach County from 1979 until 2001. ' He served the Florida Association of Local Housing Finance Authorities as its President from 1996 to 2000. He helped originate the County Attorney's Association in the 1970's. ' Mr. Ellington has been involved in the financing of the construction of the Palm Beach County Criminal Justice Facility, the Palm Beach County Governmental Center, various multi- family housing residential projects on behalf of the Housing Finance Authority, and other projects ' ranging from airports and ports to water and sewer systems. Mr. Ellington was underwriter's counsel on the original Palm Beach Gardens golf course financing. Prior to private practice he served as Palm Beach County Attorney from 1978 -1981, and as Assistant County Attorney from 1975 -1978. In his practice area, Richard has been involved in over $5.0 billion of public financing bond issues ranging from airports to water and sewer. He has represented either the issuer, the underwriter or acted as Bond Counsel in these transactions. Richard has handled real estate closings for both residential and commercial transactions with a wide range of value. He has also served as a liaison between governmental entities and lobbied on behalf of clients in front of the Palm Beach County Commission and many municipal governments. Richard is active in the community serving as the first President of the Palm Beach County ' Sports Commission beginning in 1986 through 1993 and continues to serve as the Grants Committee Chairman for that organization. In addition, Richard has been a member of the Orange Bowl Committee since 1995 and currently serves on the Football Committee of the Orange Bowl. Richard ' served as the Vice Chairman of the Super Bowl XXIX South Florida Host Committee and Vice Chairman of the Super Bowl XXXIII South Florida Host Committee, both games being played at IW8025488_4 20 ' Pro - Player Stadium. Richard has served as President of the West Palm Beach Rotary Club in 1987/88 and was a member of that club for 15 years. Richard has served on the Boards of the Gulf Stream Council of the Boy Scouts, Cities In Schools, the YMCA of the Palm Beaches and many other charitable organizations. Richard has been very active in his church, Memorial Presbyterian Church, and has served as a Deacon, Elder and is currently the Church Treasurer. Richard is a member of the Mississippi Bar Association, the Florida Bar Association, where he is in good standing; the Palm Beach County Bar Association and is admitted to practice before the United States District Court for the Southern District of Florida. He has also been admitted to practice before all the Courts in the State of Mississippi. ' Richard graduated from Mississippi State University in 1970 with a B.A. in Political Science and received his law degree from the University of Mississippi School of Law in 1973. 1 Jeffrey D. DeCarlo Jeffrey D. DeCarlo is a shareholder in the Firm and head of the Firm's public finance department. He joined the Firm in July 1997 and is located in the Miami office. He has been practicing in the area of public finance for twenty -three years and is one of the most experienced bond attorneys in the state. He has acted as bond counsel in both competitive bid and negotiated sales or as underwriter's counsel, university counsel, bank counsel or developer's counsel on more than 500 bond financings totaling in excess of $8 billion. Mr. DeCarlo has participated in virtually every type of bond financing, including airports, seaports, general obligation, lease - purchase, transportation, water and sewer, environmental, electric utility, solid waste and resource recovery, tax- increment financings, special assessment bonds, health care, housing, education, and industrial development bonds. He has vast experience in all of the sophisticated financing techniques, including variable -rate bonds, option bonds, advance refundings, credit enhancement and swaps and other derivative products. Mr DeCarlo also has significant experience in the federal tax aspects of municipal bond transactions, and is the attorney in the Firm's public finance department responsible for tax issues relating to the Firm's public finance practice. Mr. DeCarlo has acted as bond counsel to the State of Florida, Miami -Dade County, Broward County, Leon County, Escambia County, Gadsden County, the City of Hialeah, the Town of Davie, the City of Wilton Manors, the City of Dania, the Village of Key Biscayne, the Town of Golden Beach, the Broward Performing Arts Center Authority, the Florida Housing Finance Agency, the Housing Finance Authorities of Miami -Dade, Broward, Palm Beach and Lee Counties, the Miami - Dade County Educational Facilities Authority, the Miami -Dade County Health Facilities Authority and the Miami -Dade County Industrial Development Authority, as well as numerous other issuers throughout Ohio. He has also acted as underwriter's counsel on bond issues for jurisdictions throughout Florida, and in Louisiana, Oklahoma, New Jersey, and West Virginia. He has extensive experience with drafting legislation related to bond financing. He was the principal draftsman of Florida's Taxable Bond Act, and was involved in drafting amendments to broaden the bond issuance authority of the Spaceport Florida Authority and the South Florida Water Management District. W8025488_4 21 ' Prior to joining Adorno & Yoss, P.A. in 1997, he was a partner at Ruden, McClosky, Smith, Schuster & Russell, P.A. in charge of that firm's Miami office bond practice (June 1988 -June 1997). ' Prior to that, he was associated with the law firms of Greenberg Traurig (June 1984 -June 1988) and Squire, Sanders & Dempsey (June 1980 -June 1984), where he practiced exclusively in the area of public finance. ' Mr. DeCarlo received his J.D. from Columbia University in 1980 and his B.A. degree, mag a cum laude, from Colgate University in 1977. He is a member in good standing of the Florida ' Bar and the Ohio Bar Association. Mr. DeCarlo is a member of the National Association of Bond Lawyers. ' (i) Provide a description of the general capabilities of your firm including information relating to total size and staffing, research capability, professional staff and clerical. List personnel to be assigned to the City engagement, both primary and backup personnel. Please include resumes. Professional Staff and Clerical Support With approximately 125 attorneys, Adorno is one of the largest law firms in the State of PP Y Florida. In addition, the firm is the largest minority -owned law firm in the State of Florida and one ' of the largest in the United States. The firm stresses diversity at all levels and its workforce closely resembles the demographics of its community. The approximate total size and staffing of the firm is listed below: Attorneys 125 ' Partners 81 Associates 41 Of Counsel 3 Legal Assistants/Paralegals 26 Secretaries 81 Wordprocessors 5 ' Administration and Other 33 Total 270 Technological Capabilities and Office Support Adorno & Yoss considers itself on the cutting edge of technology in the workplace. The ' Firm capabilities include a comprehensive communication system that can be accessed internally or at remote locations by Firm members or clients. It has communication bridges to clients that require direct, FTP or e -mail access and can establish visual links for immediate video ' teleconferencing when so requested. The Firm's Internet home page is httpH:www.adomo.com. The Firm is available for a client's immediate business needs, 24 hours a day, seven days a week. ' The Firm maintains more than 150 workstations interconnected through a local area network (LAN) and main file servers. The Firm's offices are connected so that any one workstation can IW8025488_4 22 1� ri simultaneously access any document at any time. The Firm maintains several communication bridges with direct dial entry and various databases for e -mail. The Firm has an account with Cybergate for complete access to the Internet, as well as accounts with other popular Internet access companies. The Firm's file server is equipped with multi -modem lines for off -site connection anywhere, and the ability to use Firm software from remote locations. The Firm has more than 75 laser printers, ten dot matrix printers, and ten sprayjet printers. All workstations throughout the Firm are equipped with Pentium processors with high -speed ranges, 16 -64MB of RAM and hard dives with 10GB to 800MB drives. In addition to each attorney, paralegal and secretary having a dedicated computer workstation, the Firm employs a word processing department staffed by five individuals for 24 -hour service. The Firm is equipped with several Hewlett Packard scanners for quick in -put and processing. Document turnaround is extremely fast using today's technology. Document transmittal is accomplished by using Federal Express Ship 2.0 software (allowing the Firm to print the shipping label, therefore providing tracking capability) or same day e -mail or FTP. All documents are capable of photo - quality production and the Firm can actually produce preliminary and final official statements in -house for limited distribution. The Firm maintains more than ten high -speed photo copying machines from various ' manufacturers. Copying time ranges from sixty to eighty pages per minute. Each copying machine is equipped with all enhancements, from stapling to collating. Our office service staff can prepare ' more than 200 document series per hour. Federal Express and all other major carriers have regular pick up and delivery to our offices. u u The LAN and its internal and external links permit simultaneous access to any document at workstations within and outside the Firm. In addition, our software permits document linkage, allowing simultaneous document preparation and updates. Document preparation can be performed at the office or remote locations, and by exporting the document to the client, allow for real -time document edits. The Firm maintains twelve, high - resolution plain paper facsimile machines. Each workstation is also equipped with fax modem capability, giving the fax sender and receiver unlimited fax capability. Research Capability The Firm has an on -site library of hard -copy research and law books, and periodicals. In addition to an extensive CD -ROM library which is accessible from every work station, the Firm uses up -to -date Internet research tools, Westlaw and Lexis - Nexis for case preparation and research. The Firm subscribes to all major financial publications including The Bond Buyer. Personnel Mr. Miller will be the primary partner from the firm handling the City's account. Mr. Miller is located in the West Palm Beach office. Richard R. Ellington will be the other partner in the Firm assigned to the account. He is also in the West Palm Beach office. Jeffrey D. DeCarlo a partner in the Miami office and the head of the Firm's public finance department, will be available as a w8025488_4 23 "backup" in case it is ever needed. Resumes for each individual is included in the responses to question 4(h). ' The Firm's public finance department consists of the foregoing three attorneys, Greg St. John, a partner in the Boca Raton office, and Carlos Mas, an associate in the Miami office. The Firm ' also has five tax attorneys, who are available to assist Mr. DeCarlo in federal and state tax analysis as needed. Finally, the firm's securities department has experience with all disclosure matters, corporate securities and deals directly on a daily basis with securities laws and the Securities and ' Exchange Commission. The Firm's public finance department has three secretaries to assist the attorneys in the day- ' to -day activities necessary to run the City's account. In addition to the five secretaries, there are five word - processors that are available at any time to help support the public finance department staff. ' (j) If your firm intends to use the services of any other law firms or attorneys (whether as Co -Bond Counsel or Special Counsel or otherwise, which role shall be clearly identified), then you must submit all information as requested, for each and every such law firm or attorneys, as applicable, with and as a part of your firm's Proposal. Every such informational sheet shall identify, at the top of the front page, the role of the law firm or attorney with the heading ( "Co -Bond Counsel," "Special Tax Counsel" or other as applicable. Also, it shall include a brief statement as to the need for and benefit to the City as a result of these ' additional or specialized services. The Firm does not intend to use the services of any other law firms or attorneys. ' (k) State any other qualifications, experience or bond financing which you would consider to be significant, innovative or otherwise relevant to the City's consideration of your firm. The lawyers in the Firm's public finance department have been involved in almost every type ' of bond issue imaginable, from small bank loans to complex financings of hundreds of millions of dollars. We also have a great deal of experience in preparing both bond documents and offering documents, which is essential for providing both bond counsel and disclosure counsel services. The backgrounds of Mr. Ellington and Mr. Miller in the representation of government as issuer's counsel also gives the Firm the unique ability to look at a bond transaction from the issuer's viewpoint. I (1) Discuss your firm's views as to the relative roles and responsibilities of bond counsel and issuer's counsel. ' Bond counsel is ultimately responsible for rendering an opinion as to the tax exempt status and validity of the bonds in question. Bond counsel is also traditionally responsible for drafting bond documents and closing documents, reviewing or preparing certain portions of official statements, ' and advising issuers as to the structure of their financings. Our practice with regard to issuer's counsel is to let them determine the extent of their involvement in each transaction. This can range 1 W8025488_4 24 from performing only those services necessary to provide the standard opinion of issuer's counsel to full participation in the drafting of documents, review of official statements and negotiation of terms of the financing. 5. Compensation and expenses ' (I) Fee Schedule- Please provide a fee schedule for the following Scope of Services: ' a. General Obligation bonds b. Revenue bonds C. Non ad valorem revenue bonds ' d. Leases e. Notes f. Refinancing ' g. Private Placements All fees for services in connection with the issuance of bonds are contingent upon delivery ' of the bonds and payment shall be made upon delivery of the bonds or at such time thereafter as your firm shall bill for such services. For services rendered on matters unrelated to a particular ' bond issuance, the firm shall be compensated at an hourly rate which shall be determined by negotiation between the firm and the City. You should also include an illustration of representative fees charged by you to other counties or municipalities in the State of Florida. ' We propose the following fee schedule (also see footnotes): General Obligation Bonds, Non Ad Valorem Revenue Bonds and Revenue Bonds Bond issue size of up to $25,000,000 $25,000,000 to $50,000,000 Over $50,000,000 Leases or Certificates of Participation Bond issue size of up to $25,000,000 $25,000,000 to $50,000,000 1 W80254884 $1.50 per $1,000 par amount, with a minimum fee of $25,000. $37,500 plus $0.80 per $1,000 par amount in excess of $25,000,000. $57,500 plus $0.60 per $1,000 par amount in excess of $50,000,000. $2.00 per $1,000 par amount, with a minimum fee of $35,000. $50,500 plus $1.20 per $1,000 par amount in excess of $25,000,000. 25 Over $50,000,000 $80,000 plus $0.90 per $1,000 par amount in excess of $50,000,000. ' Footnotes 1. Fee schedule assumes preparation of both the "bond documents" and the "disclosure documents" by the Firm. ' 2. For refinancings that are treated as "current refundings" under the Internal Revenue Code of 1986, as amended (the "Code "), our fees would be the same as for a comparable "new money" deal. 3. For refinancings that are treated as "advance refundings" under the Code, our fees would be ' 10% higher than for a comparable "new money" deal. 4. For Notes issued in anticipation of bonds, our fees would be 40% of what the fee would ' be for the corresponding bond issue. 5. For Private Placements not requiring an official statement or other offering document, our ' fees would be 40% of what the fee would be for the corresponding bond issue. All of these fees are subject to adjustment, either downward or upward, depending upon the complexity of the transaction. This fee schedule is unique for the City of Palm Beach Gardens because it includes bond ' counsel and disclosure counsel services. We would be happy to provide you copies of the fee schedules we operate under for other issuers where we provide only "bond counsel" services. ' (2) Reimbursement for Costs: 1 Unless the City and the successful Proposer(s) agree otherwise, the City will reimburse the firm for the actual expenses incurred by it for copying, postage, overnight delivery, long distance telephone calls, travel, lodging, meals (all travel, lodging and meals shall be at rates allowed to ' public employees under state law), court reporter fees, transcripts, court filing fees and process service fees. There will be no reimbursement for any other expenses not identified in the preceding sentence without the express written authorization of the City Attorney. There will be no reimbursement for travel expenses incurred for which the City is the destination without the express written authorization of the City Attorney. ' Since we are located in West Palm Beach, we would not anticipate any travel expenses. Any travel outside of Palm Beach County will be billed according to State law in Chapter 112, Florida Statutes. Other costs, such as photocopies, facsimile transmission, express delivery and long distance ' telephone will be billed at our standard rates. IW8025488_4 26 I - 6. Scope of Services. ' This section of the Proposal should explain the Scope of Services as understood by the Proposer and detail the approach, activities, work products, plan of financing and terms of contract and compensation. ' We understand the scope of work to be as set forth under the caption "Scope of Work" in the City's Invitation to Propose, and we understand that the terms of our contract and compensation will 1 LJI be as set forth in Section 3 -2 (E). The services you have identified under Section 2 -2 are in fact customarily attendant to bond financing, and are services we routinely provide to our public finance clients. We approach the representation of clients in a proactive manner. Once the need for our services has been identified on a particular transaction, we will analyze and then review with the client the entire plan of financing so that we can identify any unique legal issues, estimate the amount of work to be required and decide which of the Firm's attorneys will be involved. Public finance matters are often time sensitive, so this initial review enables us to make sure that all work required for the transaction is done in a timely manner. Mr. Miller and Mr. Ellington will both be familiar with each transaction so that the unavailability of a particular attorney will not prevent timely completion of the work. 7. Availability- Indicate current and anticipated workloads and availability for other activities. Identify the extent and nature of any anticipated outside support. All of the individuals listed to work on the City's account will be able to work on City business on a priority basis. Our attorneys are extremely responsible and responsive to the needs of our clients. The Firm has a very busy public finance practice, and at any given time each attorney in the department will probably be working on several matters in addition to the City's work. We have found that even in the busiest of times, the attorneys can complete all of their work in a timely manner with sufficient support staff. Because the computer and word processing resources of the Firm's offices are interlinked, the entire firm's support staff is available. Although we do not anticipate needing to utilize outside support staff for this engagement, we are committed to doing so if the workload of our attorneys makes this necessary. 8. Other (a) Provide evidence of the following insurance coverage and amounts: Workers' Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than One Hundred Thousand Dollars ($100,000) for each accident, not less than One Hundred Thousand Dollars ($100,000) for each disease and not less than Five Hundred Thousand Dollars ($500,000) aggregate. W8025488_4 27 11 ri General Liability Insurance with each occurrence limits of not less than One Million Dollars ($1,000,000), personal injury and advertising injury liability of not less than One Million Dollars ($1,000,000), products - completed operation aggregate of not less than One Million Dollars ($1,000,000) and general aggregate of not less than One Million Dollars ($1,000,000). Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000). Deductible amounts shall not exceed five percent (5 %) of the total amount of required insurance in each category. Should any policy contain any unusual exclusion, said exclusion shall be so indicated on the certificate(s) of insurance. Proposer shall furnish certificates of insurance which shall include a provision that policy cancellation, non - renewal, or reduction of coverage will not be effective until at least thirty (30) days' written notice has been made to the City. Proposer shall include the City as an additional insured on the General Liability Insurance policy required by the agreement. The Firm's insurance coverages were determined in consultation with risk management professionals to be appropriate for a law firm of our size and type. Therefore, while in some categories - professional liability, for example - our coverage far exceeds your specifications; in the area of general liability insurance our per occurrence limits are less. Given the nature of the services the City is requesting, we respectfully submit that this is non material, and is more than compensated for by our overall malpractice insurance coverages. See attached Exhibit `B" (workers compensation and general liability insurance), and Exhibit "C" (professional liability insurance). (b) Provide a statement of Proposer's financial stability, including information as to current or prior bankruptcy proceedings. Adorno & Yoss, P.A. has never been in a bankruptcy proceeding and is currently in a very stable financial situation. (c) Provide a summary of any litigation fled against the Proposer in the past three years which is related to the services that Proposer provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amount involved. Within the past three years, the following claims have been filed against the Firm related to the services that the Firm provides in the regular course of business. The Firm is actively defending each of these matters and anticipates a favorable outcome. At this point, the monetary amount involved in these matters cannot be determined: IW8025488_4 i F1 1 I 1. A former shareholder of the Firm represented plaintiff in a criminal matter. When plaintiff went to trial (represented by a new lawyer) plaintiff was unable to secure the former shareholder as a witness and thereafter claimed he was convicted because the former shareholder refused to cooperate and testify for him. Plaintiff also claims that the former shareholder's conduct occurred because the former shareholder was cooperating with the government to convict the plaintiff. 2. Plaintiff sued the Form alleging a shareholder of the Firm failed to properly handle a transaction causing a monetary loss to her and others. Plaintiff was an investor (not a client) in a matter where the Firm represented a start-up company. 3. Plaintiff sued the Firm alleging that they suffered damages from a securities transaction where it was alleged that the Firm served as an escrow agent. 4. Plaintiff was to purchase a store belonging to a Firm client. Shares of stock were to be security for certain obligations under purchase and sale agreements. The stock was delivered to an associate of the Firm. We were not aware of an escrow agreement or trust agreement and the shares were forwarded to the client. Plaintiff complains that they were injured by not being able to physically obtain the shares when they needed them. (d) Identify the type of business entity involved (e.g., sole proprietorship, partnership, corporation, etc.). Identify whether the business entity is incorporated in Florida, another state or a foreign country. Adorno & Yoss, P.A. is a professional association incorporated in the State of Florida. (e) If the Proposer is a corporation, provide certification from the Florida Secretary of State verifying the Proposer's corporate status and good standing, and in the case of out -of -state corporations, evidence of authority to do business in the State of Florida. See the attached good standing certificate for Adorno & Yoss, P.A. Exhibit "D ". (f) In the case of a sole proprietorship or partnership, provide Social Security numbers for all owners or partners. N/A (g) Provide the Federal Employer ID Number of the Proposer. Federal Employer ID Number for Adorno & Yoss, P.A.: 59- 2746043. IW8025488_4 i WE 0 (h) Submission and completion of City provided forms for acknowledgment of partnership, individual or corporation. The form, along with the Drug Free Workplace Form, is attached as Exhibit "E" hereto. 9. Additional Data- Any additional information which the Proposer considers pertinent for consideration should be included in a separate section of the Proposal. The City solicits a statement about why the Proposer feels its approach would be the most cost effective to the City. Cost Effectiveness of Services The fees charged by bond counsel are only a part of the effect of bond counsel services on the overall cost of a particular bond financing. Although it may not be immediately measurable in dollars and cents, the fact that we maintain a substantial office in the City of West Palm Beach and therefore readily accessible to your staff means less staff time spent on travel. The capabilities of a large firm such as ours may reduce or eliminate the need for the City to engage other professionals in a given transaction, resulting in cost savings. Finally, depending on market conditions, the failure of your bond counsel to meet deadlines, resulting in delays in your transaction, could result in higher interest rates. We are fully committed to being responsive on an expedited basis to the City of Palm Beach Gardens when needed, and the entire resources of our firm are at the City's disposal. Community Involvement Adorno & Yoss feels very strongly that civic, charitable and community activities should be a part of every one of its attorney's daily life as well as a goal for the Firm as a whole. Since 1996 alone, members of the Firm and the Firm have achieved the following: received the Platinum and Community Builder Awards to the Employees of Adorno & Yoss, P.A. for achieving the highest standard of giving through United Way of Dade County 1999 and 1998 Campaign (100% participation); participated in the successful bid for the 1999 Super Bowl which resulted in Hank Adorno being named as the chair of the Super Bowl XXXIII Host Committee; engaged in a grass roots lobbying effort which resulted in the passage of a $200 million bond issue in Miami -Dade County which will be used exclusively to improve the County's parks; Hank Adorno chaired a foundation which was responsible for the construction of a $2.4 million facility in Gwen Cherry Park to benefit under - privileged children; and George F. Knox was appointed as the co -chair of the 1997 Campaign for the United Way of Dade County, Inc. and was acclaimed in a Miarni Herald editorial on November 21, 1997 for overseeing the largest year- over -year increase (21%) in fundraising of any United Way campaign in the nation. The Firm and its attorneys have exhibited an unparalleled sense of responsibility to the ' community through professional and community activities. Attorneys in the West Palm Beach office of the Firm hold leadership positions (chairman, director, officer or board member) in many community organizations, including North Palm Beach County Chamber of Commerce, West Palm Beach Chamber of Commerce, Palm Beach County Sports Commission, Kiwanis Club of Palm Beach Gardens and Marinelife Center of Juno Beach. IW8025488_4 30 i� 11 J 1 n iL n In addition to the external organizations to which the Firm or its members belong, the employees at the Firm have established the Adorno & Yoss Charitable Trust Foundation and the partners have established the Adorno & Yoss Employees' Charitable Foundation (collectively, the "Foundations "), to which the employees and partners at the Firm voluntarily contribute a portion of their salary for charitable purposes. Last year alone, the Foundations contributed over $78,000 to charitable organizations within the community and have contributed more than $350,000 since their foundings in 1991. The Foundations also sponsor outreach projects, such as a summer program for high school students in which a student works at the Firm during the summer and is exposed to the various types of legal practices at the Firm, a chair in ethnic relations at a community college, designed to study and improve the relations among the various ethnic groups, a reading tutoring program at Dunbar Elementary in Overtown, and sustaining a program at the S.O.S. Children's Village in Coral Springs, Broward County. The Foundations have identified and are contributing to deserving charities in the West Palm Beach area, including Connor Maran Children's Cancer Center and the Agnes Scott Sports Foundation. The Firm maintains a policy of requiring its attorneys to comply with the recommended pro Bono goals of the Supreme Court of Florida. The firm has received the Dade County Bar Association Law Firm Exceptional Participation Award, one of the firm's women partners has received The Florida Bar President's Pro Bono Service Award and was nominated for the Tobias Simon Award and the Firm has also been nominated for the Florida Supreme Court Chief Justice Law Firm Award. Minority/Woman Business Enterprises The Firm is the largest minority -owned law firms in the State of Florida and is one of the largest minority -owned law firms in the United States. The diversity of the Firm in terms of racial and ethnic composition is unmatched by any other law Firm of comparable size in Florida and mirrors the multi - cultural population of the community. Specifically, over 53% of the common stock is owned by minorities. Of the professional staff, over 60% are minorities or women. The Firm values and celebrates its efforts to foster diversity throughout the legal community. Specifically, one partner was the first chair of the Florida Commission on Minorities, another partner was responsible for creating the National Bar Association Job Fair, and another partner participated in the first all- African - American public finance transaction in the nation's history. Adorno & Yoss was the first minority firm to enter the Broward County Bond Counsel rotation. The Firm participates annually in the ABA minority counsel program. Several of our attorneys are members of the National Bar Association, the Hispanic National Bar Association, the Cuban - American Bar Association, the Hispanic Bar Association and the Florida Association of Women Lawyers. 1 W8025488_4 n 31 � I Exhibit "A" Red Book - Bond Buyer Listing IW8025488_4 A -1 1 71 MUNICIPAL BOND ATTORNEYS FLORIDA Tampa RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. Issue Specialization: Education, Electric Power, Environmental Facilities, General Purpose, Health Care, Housing, Industrial Dev, Public Facilities, Transportation, Utilities 401 E. Jackson St. Ste. 2700 Tampa, FL 33602 Tel: 813 - 221 -8027 Fax: 813- 229 -9128 Email: djg @ruden.com http: / /Www.ruden.com Experience: Sole Bond Counsel Other Offices: FL: Fort Lauderdale, Miami, Naples, Port St. Lucie, Sarasota, St. Petersburg, Tallahassee, West Palm Beach SHUMAKER, LOOP & KENDRICK, LLP Barnett Plaza 101 E. Kennedy Blvd. Ste. 2800 Tampa, FL 33602 -5151 Tel: 813- 229 -7600 Fax: 813 -229 -1660 http://www.sik-law.com Experience: Sole Bond Counsel Gregory C. Yadley gyadley@slk-law.com Bruce H. Gordon bgordon @slk- law.com John S. Inglis jinglis @slk- law.com Darrell C. Smith dsmfth@slk-law.com Edward J. Richardson erichardson @ sik- law.com Other Offices: NC: Charlotte OH: Columbus, Toledo SQUIRE, SANDERS & DEMPSEY L.L.P. Issue Specialization: Education, Electric Power, Environmental Facilities, General Purpose, Health Care, Housing, Industrial Dev, Public Facilities, Transportation, Utilities One Tampa City Ctr. 201 N. Franklin St. Tampa, FL 33602 -5164 Tel: 813- 229 -3321 Fax: B13- 223 -9067 Email: See Website http: / /www.ssd.com Experience: Sole Bond Counsel Joseph D. Edwards, 813- 202 -1339 jdedwards @ssd.com James F. Garner, 813 -202 -1345 jgarner @ssd.com David L. Lapides, $13- 202 -1319 dlapides@ssd.com Robert O. Freeman rfreeman @ssd.com Alexandra M. MacLennan, 813 - 202 -1353 amactennan @ssd.com Other Offices: AZ: Phoen& CA: Los Angeles, Palo Alto, San Francisco DC: Washington FL: Miami NY: New York OH: Cincinnati, Cleveland, Columbus TX: Houston VA: Tysons Corner STEWART, JOYNER & JORDAN- HOLMES, P.A. Issue Specialization: Electric Power, Environmental Facilities, Transportation, Utilities 1112 E. Kennedy Blvd. Tampa, FL 33602 Tel: 813- 229 -9300 Fax: 813.229 -7415 Email: ajoyner@sphlaw.com Experience: Co -Bond Counsel Arthenia L. Joyner, Atty ajoyner@sjjhlaw.com Karen C.D. McDonald, Atty kmcdonald@sljhlaw.com Barbara Twine - Thomas, Atty btWine-thomas@sBhlaw.com • West Palm Beach ADORNO & YOSS, P.A. Issue Specialization: Education, Environmental Facilities, General Purpose, Health Care, Housing, Industrial Dev, Public Facilities, Transportation, Utilities 1551 Forum PI. Ste. 200 West Palm Beach, FL 33401 Tel: 561 - 640 -8000 Fax: 561 -640 -6030 Email: mgm @adorno.com http: / /www.adorno.com Experience: Sole Bond Counsel Morris G. (Skip) Miller, 561- 640 -8000 mgm @adorno.com Richard Ellington, 561- 640 -8000 rellington@adorno.com Gregory St. John, 561 - 393 -5660 gsi @adomo.com Henry N. Adorno, 305 - 860 -7012 hna @adomo.com Jeffrey D. DeCarlo, 305- 860 -7276 jdc@adorno.com Carlos Mas, 305- 860 -7097 cm@adomo.com Seth P. Joseph, 305.860 -7363 spj@adomo.com AKERMAN, SENTERFITT Issue Specialization: Education, Electric Power, Environmental Facilities, General Purpose, Health Care, Housing, Industrial Dev, Public' Facilities, Transportation, Utilities 222 Lakeview Ave. Ste. 400 West Palm Beach, FL 33401 Tel: 561- 653 -5000 Fax: 561- 653 -5333 http: / /www.akerman.com Experience: Sole Bond Counsel Valerie Larcombe Other Offices: FL: Boca Raton, Ft. Lauderdale, Jacksonville, Miami, Orlando, Tallahassee, Tampa BECKER & POLIAKOFF, P.A. issue Specialization: Education, Environmental Facilities, General Purpose, Housing, Public Facilities goo Australian Ave. West Palm Beach, FL 33401 Tel: 800 - 462 -7783, Fax: 561- 832 -8987 Email: by @becker- poliakoff.com hftpj/www.becker-poliakoff.com Experience: Sole Bond Counsel Joseph A. Caccamo Jennifer B. Drake Alan B. Koslow Daniel S. Rosenbaum Yolanda Cash Jackson Robert J. Burnett BOOSE CASEY CIKLIN LUBITZ MARTENS MCBANE & O'CONNELL 515 N. Flagter Dr. Ste: 1900 West Palm Beach, FL 33401 Tel: 561 - 832 -5900 Fax: 561 -833 -4209 Email: wboose@boosecasey.com. Experience: Sole Bond Counsel Wlilia Jerai CAF Issu EspE 222 Ste. P.O. Wes Tel: Tel: Fax: Email http:i Expe Gary Nath OthE FL: 466 The Bond Buyer's Municipal Marketplace® Spring 2003 www.munimarketplace.com The Bond Buyer's Municipal I j Exhibit `B" Workers Compensation Insurance and General Liability Insurance IW8025488_4 B -1 JUN -27 -2003 FRI 11:08 AM FAX N0. P. 02 Jun -26 -2003 16:40 From -KEYES COVERAGE 1 9547247021 T -942 P.001 /001 F-055 ACORD VA r a I,.rw CERTIFICATE OF LIABILITY INSURANCE 06 /26 /2"wr rl " 'PRODUCER (954)724 -7000 FAX (954)724 -7024 ONLY AND 10 DCONFERS RIl3H UPON HE= CRRTIFIC�Al1ON Keyes Coverage. Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, CKTIEND OR 6201 west McNab Road ALTER THE COVERAGE AFFORDED BY THE POLICIES RELOW. Tamarac, FL 33321 INSURERS AFFORDING COVERAGE Ann: Mary Hazelwood INSURED Adorno & YOSS, A mess ana Assoc atlon INsuRmA: The Hartford ' Attn: Pam McKay INSURERB: 2601 S. Bayshore Dr. INSURERC: Coconut Grove, FL 33133 INS~ 0: Fa A: 3OS -959 -4777 WSUIW119: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMF..R ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOMI ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOM014S OF SUCH ory HIM-C Arre1_QCnATa, IU1 rA -gwnW a UAY HAVE 13EE14 REDUCED BY PAID CLAIMS. A TYPBOFINaURANCIII CI.I 119tiAL LUUULITY X COMAIERnAL GENERAL LIABILITY CLAIMS MADE Lt l OCCUR POLICY NUMBER 215HACK0809 F 06/30/2003 06/30/2004 LAM% EACH occuRRENCE $ S00 0 FIRE DAMAGES (My one fire) i 300 MED ExP IAIIy oM n) 6 10 PER80NAL i AGV IN IURY i S00 GENERALAGGREGATE b 1 000 00 GEN% AGGREGATE✓ LIMIT APPLIES Puk POLICY P LOC AUTOMOOII.E IJAIRLITY ANY AUTO ALL OWNED AUT08 30HEOULEDAUTOO HIREbAUTO$ NON-OWNEO AV" PRODUCTS - COMPIOP AGO S 1 000 oO COMBINED SINGLE LIMIT (En axw0m i BODILY INJURY IPer PersoN 0 BODILYINJURY (Pet oeCaeno i PROPERTY DAMAGE (PW seiieent) i GARA08 LuuRLITY 3 ANY AUTO AUTO ONLY - EA ACCIDENT 6 OTHER THAN EA ACC AUTO ONLY: AGO S i GXCM LL44ILFTY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCU14REHCE i AGGREGATE S i f i A 1NORKROCOMPENSATIONAND EMPLOYM' LIABILITY 1WSCEMS-4 06/30/2003 06/30/2004 X Rv ,M E.L. EACH ACCIDENT i 100 E.L. DISEASE - EA fEMPLOYEE I 100.000 E.LDISEME- POLICY WIT i S0019 OTNlR N op '.Crt1`f ICBte er sTname as Ad OlonaTDli1S{/r�� Pf,(XAI.PaavlSloNa HOLDER ' City of Palm Beach Gard&"& 10500 North Military Trail Palm Beath Gardens, FL 33420 I SNOULD ANY OF THE AsOVE DESCRIBED POLICM BE CANCELLED NPORK THE EXPIRATION OATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAR 10 DAYS WWff8N NOTICE TO THE CERTIFR:ATR HOi PLA NAMED TO THE LETT, BUT FAILURE TO MAIL 3UCH NOTICE SHALL IMPOae NO OBLIGATION OR UAMLWY i2nw u I I Exhibit "C" Professional Liability Insurance IW8025488_4 C -1 n COPY DEFENSE RESEARCH INSTITUTE LAWYERS PROFESSIONAL LIABILITY PROTECTION - CLAIMS -MADE ' COVERAGE SUMMARY This Coverage Summary shows the limits of coverage, deductible, retroactive date, and extended reporting period options that apply to your Defense Research Institute Lawyers Professional Liability Protection - Claims -Made. i) L I r Limits Of Coverage Each wrongful act $20,000,000 Total limit $20,000,000 (If an amount is not shown for this limit, see the Total limit section of your policy.) Deductible Each wrongful act $100,000 Total deductible $200,000 Retroactive date: N/A TMeS[Fhul Extended reporting period options: $253,501.00 for a 12 month period $375,182.00 for a 24 month period $405,602.00 for a 36 month period $608,403.00 for an unlimited time period Optional Coverages You have selected the following optional coverage_ s: Separate Limit For Defense Expense Each wrongful act defense expense limit $20,000,000 Total defense expense limit Career Coverage $20,000,000 Name of Insured Policy Number 506JB6063 - Effective Date 10/27/01 ADORNO & ZEDER, P.A. Processing Date 11/08/01 13:06 002 ' P0011 Rev. 11 -98 Printed in U.S.A. Insuring Agreement ©St.Paul Fire and Marine Insurance Co.1998 All Rights Reserved Page 1 of 1 r � i Exhibit "D" Good Standing Certifcate IW8025488_4 D -1 IDepartment of State 6/30/2003 4:11 PAGE 1/1 RightFAX (7p 1VC4l1�_1V1?4VA_`4Up Uj _�S1C7 V 1V 1Ul? V V k1u �VP1! v 3KNE � Kc NU � iffic � Mac �'tate Of ~GOO W �pUS` f1ppartment of #Iate 1 HICNIC I certify from the records of this office that ADORNO & YOSS, P.A. is a 'V corporation organized under the laws of the State of Florida, filed on December 30, 1986. The document number of this corporation is M44214. ' I further certify that said corporation has paid all fees due this office through December 31, 2003, that its most recent annual report /uniform business report was filed on January 14, 2003, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Vv , I further certify that this is an electronically transmitted certificate 101 authorized by section 15.16, Florida Statutes, and authenticated by the code, 403A00039374- 063003- M44214 -1/1, noted below. M 'A Authentication Code: 403A00039374- 063003- M44214 -1 /1 a I I Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Thirtieth day of June, 2003 �za- :� . , ji6rrrtnrjg of jihate Exhibit "E" IAcknowledgment of Corporation and Drug Free Workplace Form 1� rl L! 1 IW8025488_4 E -1 PROPOSALFORM In completing the informational questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual ( ) Partnership ( x ) Corporation ( ) Other (Specify) Name of Organization (or Individual) Adorno & Yoss, P.A. Address 1551 Forum Place, Building 200 City West Palm Beach State FL Zip Code 33401 Telephone Number 561- 640 -8000 Tax I.D. # 59- 2746043 Business Address SAME AS ABOVE ICity �I Organized Date Proposer's Representative Morris G. (Skip) Miller Title Partner State Zip Code Proposed Total Fee to Provide Requested Services $ See within proposal Prices set forth above are firm proposals and not subject to price adjustment except as defined in the General and Technical Specifications. Addenda Received: NONE ATTEST i PROPOSER Adorno & Yoss. P.A. Signature Partner Title Julv 7, 2003 Date APPENDIX A DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Section 287.087, Florida Statutes, hereby certifies that Adorno & Yoss, P.A. does / does not (circle appropriate response): (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the danger of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, and any available drug counseling. RECEIVED JUL 2 3 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 16, 2003 Meeting Date: August 7, 2003 Resolution 132, 2003 Subject/Agenda Item: Resolution 132, 2003, approving an agreement with Spectrum Municipal Services, Inc., to provide Financial Advisory services. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $10,000.00 Council Action: Total City Attorney Finance [ ] Approved $0 [ ]Approved w/ Current FY conditions [ ] Denied Advertised: I Funding Source: I [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ X ] Other • Resolution 132, Fees will be paid 2003 from debt proceeds • Agreement for at closing. Services • Proposal for Financial Advisory Services Submitted by: Allan Owens [X] Not Required Finance Administrator //�Tv Affected parties: Budget Acct. #: Approy[,ed by: // ] Notified [ ] None City Ma [ ] Not required Date Prepared: July 16, 2003 Meeting Date: August 7, 2003 Resolution 132, 2003 • BACKGROUND: In order to move forward with the financing of canal improvements this fall, staff sent out Requests for Proposals to provide Financial Advisory services last month. Financial Advisory services are required in any issue to help plan the most appropriate and cost efficient method of financing consistent with current economic and capital market conditions. They also assist in obtaining the most favorable rating possible by consulting with Moody's, Standard & Poor's, and Fitch, and participating in any necessary rating agency presentations. The Financial Advisor also plays an integral role in the marketing and closing phases of any financing. We received four proposals: Spectrum Municipal Services, Inc., First Southwest, Kirkpatrick Pettis, and PFM. The responses were received July 7, 2003 and reviewed by staff, giving consideration to the location, experience, staffing, resources, fees, and references provided by the firms. While all firms are highly qualified and competent, staff recommends Spectrum Municipal Services, Inc., be retained to provide Financial Advisory services. They are a local firm with offices in West Palm Beach, and concentrate their practice in the South Florida area. They will provide these services for $2.00 per $1,000 par amount on the first $5 million of bonds issued, with a minimum fee of $10,000. For larger issues (greater than $5 up to $15 million), their fee drops to $1.50 per $1,000 par amount, and then $1.00 per $1,000 par amount for issues greater than $15 million. In order to provide continuity and a more streamlined process for future issues, staff is recommending an agreement for a term of five years; however, there is a Termination of Agreement section for the protection of both parties. • RECOMMENDATION: Staff recommends approval of Resolution 132, 2003, authorizing the Mayor to execute an agreement with Spectrum Municipal Financial Services, Inc., for Financial Advisory services. 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 Date Prepared: July 21, 2003 RESOLUTION 132, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH SPECTRUM MUNICIPAL SERVICES, INC. TO PROVIDE FINANCIAL ADVISORY SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interest of the citizens and residents of the City of Palm Beach Gardens to enter into an agreement with Spectrum Municipal Services, Inc. to provide Financial Advisory Services; and WHEREAS, an agreement for Financial Advisory Services has been prepared and is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Financial Advisory Services Agreement between the City of Palm Beach Gardens and Spectrum Municipal Services, Inc. and hereby authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Date Prepared: July 21, 2003 Resolution 132, 2003 PASSED AND ADOPTED this day of , 2003. ATTEST: M. Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY 1: 71 Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS \spectrum municipal svcs - financial advisor agmt - resolution 132 2003.doc AGREEMENT FOR FINANCIAL ADVISOR SERV ICES Between THE CITY OF PALM BEACH GARDENS And SPECTRUM MUNICIPAL SERVICES, INC. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 2003, by and between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and Spectrum Municipal Services, Inc. located at Suite 813, 224 Datura Street, West Palm Beach, Florida 33401 (hereinafter referred to as CONSULTANT). WHEREAS, CITY requires the services of a CONSULTANT to serve as the City's Financial Advisor who will implement financing for operating and capital improvement programs and conduct business transactions with financial institutions for a five -year period; and WHEREAS, CONSULTANT represents it is capable and prepared to provide such services. NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be The term of this Agreement shall be for a five -year period, subject to appropriation of funding, except that it may be terminated as provided herein. ARTICLE 2 - SERVICES TO BE PERFORMED BY CONSULTANT 2.1 GENERAL CONSULTANT shall perform the Services as specifically stated in the Scope of Work, attached hereto and incorporated herein as Exhibit A, and as may be specifically designated and authorized by the CITY. 2.2 WORK AUTHORIZATION Such authorizations will be in the form of a Work Authorization. Each Work Authorization will set forth a specific Scope of Services, amount of compensation, a completion date, and shall be approved by the FINANCE ADMINISTRATOR. ARTICLE 3 - COMPENSATION 3.1 -GENERAL As compensation for providing the Services enumerated in subsequent Work Authorizations, the CITY shall pay CONSULTANT as provided in Exhibit A. ARTICLE 4 - INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance policies and be written by an insurance company authorized to do business in Florida: 4.1 Workers' Compensation Insurance: The parties acknowledge that CONSULTANT is exempt from carrying Workers' Compensation Insurance. 4.2 General Liability Insurance with each occurrence limits of not less than One Million Dollars ($1,000,000), personal injury and advertising injury liability of not less than One Million Dollars ($1,000,000), products - completed operation aggregate of not less than One Million Dollars ($1,000,000), and general aggregate of not less than One Million Dollars ($1,000,000). 4.3 Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000). Deductible amounts shall not exceed five percent (5 %) of the total amount of required insurance in each category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the certificate(s) of insurance. CONSULTANT shall furnish CITY certificates of insurance which shall include a provision that policy cancellation, non - renewal, or reduction of coverage will not be effective until at least thirty (30) days' written notice has been made to CITY. CONSULTANT shall include CITY as an additional insured on the General Liability Insurance policy required by the Agreement. CONSULTANT shall not commence work under this Agreement until all insurance required as stated herein has been obtained, and such insurance has been approved by CITY. ARTICLE 5 - STANDARD OF CARE CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a comparable professional under similar circumstances, and CONSULTANT shall, at no additional cost to CITY, re- perform services which fail to satisfy the foregoing standard of care. CONSULTANT warrants that all Services shall be performed by skilled and competent personnel to the recognized professional standards in the field. 2 ARTICLE 6 - INDEMNIFICATION 6.1 GENERAL Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, CITY and CONSULTANT agree to allocate such liabilities in accordance with this Article 6. 6.2 INDEMNIFICATION CONSULTANT agrees to protect, defend, indemnify, and hold harmless CITY, its employees, and representatives from any and all claims and liabilities, including all attorney's fees and court costs, including appeals, for which CITY, its employees, and representatives can or may be held liable as a result of injury to persons or damage to property occurring by reason of any negligent acts or omissions or willful misconduct of CONSULTANT, its employees, or agents arising out of or connected with this Agreement. CONSULTANT shall not be required to indemnify CITY or its agents, employees, or representatives when an occurrence results from the wrongful acts or omissions of CITY or its agents, employees, or representatives. 6.3 SURVIVAL Upon completion of all Services, obligations, and duties provided for in this Agreement or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 7 - INDEPENDENT CONTRACTOR CONSULTANT undertakes performance of Services as an independent CONSULTANT and shall be wholly responsible for the methods of performance. CITY shall have no right to supervise the methods used, but CITY shall have the right to observe such performance. CONSULTANT shall work closely with CITY in performing Services under this Agreement. ARTICLE 8 - COMPLIANCE WITH LAWS In performance of Services, CONSULTANT will comply with applicable regulatory requirements, including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria, and standards. ARTICLE 9 - SUBCONSULTING CITY reserves the right to accept the use of a subconsultant or to reject the selection of a particular subconsultant. If a subconsultant fails to perform or make progress as required by this Agreement and it is necessary to replace the subconsultant to complete the work in a timely fashion, CONSULTANT shall promptly do so, subject to acceptance of the new subconsultant by CITY. 3 ARTICLE 10 - FEDERAL AND STATE TAXES CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, CITY will provide an exemption certificate to CONSULTANT. CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with CITY, nor shall CONSULTANT be authorized to use CITY'S Tax Exemption Number in securing such materials. ARTICLE 11 -AVAILABILITY OF FUNDS The obligations of CITY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Council of CITY. ARTICLE 12 - CITY'S RESPONSIBILITIES CITY shall be responsible for providing information on hand required by CONSULTANT, including existing reports, studies, and other required data that are available in the files of CITY. ARTICLE 13 - TERMINATION OF AGREEMENT This Agreement may be terminated by CONSULTANT upon thirty (30) days' prior written notice to CITY in the event of substantial failure by CITY to perform in accordance with the terms of the Agreement through no fault of CONSULTANT. It may also be terminated by CITY, with or without cause, upon thirty (30) days' written notice to CONSULTANT. Unless CONSULTANT is in breach of this Agreement, CONSULTANT shall be paid for services rendered to CITY'S satisfaction through the date of termination. After receipt of a Termination Notice, and except as otherwise directed by CITY, CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work, and other material related to the terminated work to CITY. D. Continue and complete all parts of the work that have not been terminated. CONSULTANT shall be paid for Services actually rendered to the date of termination. II ARTICLE 14 - UNCONTROLLABLE FORCES Neither CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental action. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 15 - GOVERNING LAW AND VENUE The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, and the Agreement will be interpreted according to the laws of Florida. ARTICLE 16 - NON - DISCRIMINATION CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age, or national origin. ARTICLE 17 -WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 5 The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. ARTICLE 19 - ENTIRETY OF AGREEMENT CITY and CONSULTANT agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between CITY and CONSULTANT pertaining to the Services, whether written or oral. None of the provisions, terms, and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered except by written instrument executed by the parties hereto. The following document is made an integral part of this Agreement: • Response dated July 7, 2003 ARTICLE 20 - MODIFICATION The Agreement may be modified only by a written amendment executed by both parties. ARTICLE 21 - SUCCESSORS AND ASSIGNS CITY and CONSULTANT each binds itself and its partners, successors, assigns, and legal representatives to the other party to this Agreement and to its partners, successors, executors, administrators, assigns, and legal representatives. CONSULTANT shall not assign this Agreement without the express written approval of CITY via executed amendment. ARTICLE 22 - CONTINGENT FEES CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 23 - TRUTH -IN- NEGOTIATION CERTIFICATE Execution of this Agreement by CONSULTANT shall act as the execution of a truth -in- negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. N. The said rates and costs shall be adjusted to exclude any significant sums should CITY determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 24 - OWNERSHIP OF DOCUMENTS Any and all documents, records, disks, or other information shall become the property of CITY for its use and /or distribution as may be deemed appropriate by CITY. ARTICLE 25 - ACCESS AND AUDITS CONSULTANT shall maintain adequate records to justify all charges and costs incurred in performing the Services for at least three (3) years after completion of this Agreement. CITY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal working business hours at CONSULTANT'S place of business. ARTICLE 26 — NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To CITY City of Palm Beach Gardens 10500 Military Trail Palm Beach Gardens, FL 33414 Attn: Finance Administrator As To CONSULTANT Spectrum Municipal Services, Inc. 224 Datura Street, Suite 813 West Palm Beach, FL 33410 Attn: Clark D. Bennett, Managing Director Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received; however, facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONSULTANT and CITY. ARTICLE 27 - CONTRACT ADMINISTRATION Services of CONSULTANT shall be under the general direction of the Finance Administrator, who shall act as CITY'S representative during the term of the Agreement. 7 ARTICLE 28 - KEY PERSONNEL CONSULTANT shall notify CITY in the event of key personnel changes which might affect this Agreement. Notification shall be made within ten (10) days of said changes. CITY has the right to reject proposed changes in key personnel. The following personnel shall be considered key personnel: Clark D. Bennett, Managing Director. ARTICLE 29 - CONFIDENTIALITY No reports, information, computer programs, documentation, and /or data given to, or prepared or assembled by CONSULTANT under this Agreement shall be made available to any individual or organization by CONSULTANT without prior written approval of CITY. ARTICLE 30 CONFLICT OF INTEREST CONSULTANT represents that it has provided a list of all current clients (attached hereto and incorporated herein as Exhibit B) subject to the jurisdiction of CITY. CONSULTANT represents that the representation of these existing clients will not either directly or indirectly conflict in any manner with the performance of the Services under this Agreement. Any actual or potential conflict between existing clients and responsibilities under this Agreement shall be immediately brought to the attention of CITY. During the term of this Agreement, CONSULTANT agrees not to provide services for any developer or property owner (other than those identified on Exhibit B) who has applied for or will be applying for a permit or other official sanction from CITY without the written consent of CITY. CONSULTANT shall promptly notify CITY in writing of all potential or actual conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence CONSULTANT'S judgment or quality of the services. The notice shall identify the prospective business association, interest, or circumstance and the nature of work that CONSULTANT wants to undertake and request CITY'S response as to whether the association, interest, or circumstance would, in the opinion of CITY, constitute a conflict of interest if entered into by CONSULTANT. CITY agrees to notify CONSULTANT of its opinion within thirty (30) days of receipt of notification by CONSULTANT. If, in the opinion of CITY, the prospective business association, interest, or circumstance would not constitute a conflict of interest by CONSULTANT, CITY shall so state in its response, and the association, interest, or circumstance shall not be deemed to be a conflict of interest with respect to the services. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement all as of the day and year first above written. ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 0- /a Ii& - z -;- -�-- -,- - - �-4 Christine P. Tatum, City Attorney WITNESSES: 1. IP1 CITY OF PALM BEACH GARDENS EM Eric Jablin, Mayor CONSULTANT SPECTRUM MUNICIPAL SERVICES, INC. (Corporate Seal) G:\attorney_share\AGREEMENTS \SPECTRUM MUNICIPAL SVCS - FINANCIAL ADVISORY SVCS.doc 0 EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE The Financial Advisor shall provide comprehensive financial advisor services to the City. Upon written notice from the City, the Financial Advisor shall perform the following services, subject to the conditions and in consideration of payments as hereinafter set forth: A. Debt Issue Development and Sales Services The Financial Advisor shall perform the following services for a debt offering (Issue) when authorized by the City: 1. Planning and Development Phase a. Research and advise on aspects of tax exemption and arbitrage in cooperation with the City's legal counsel and bond counsel. Assist in obtaining Internal Revenue Service rulings, if necessary. b. Assist in the preparation and analysis of feasibility studies in cooperation with City Officials and administrative staff, bond attorneys, accountants, architects, engineers, and other professionals as requested by the City. c. Carefully analyze the financing to determine the best methods of strengthening its marketability consistent with current economic and capital market conditions and increasingly stringent rating agency criteria. This may involve the use of municipal bonds insurance, surety bonds, letters of credit, or other credit enhancement devices. d. Perform a comprehensive analysis to determine the best possible plan to finance. e. Consult with Moody's, Standard & Poor's, or Fitch with regard to the proposed financing and assist in obtaining the most favorable rating possible. Prepare the City thoroughly for any necessary rating presentations and participate in those meetings. Provide assistance and recommendations with the selection of ancillary service providers such as registrar, trustee, and printer. g. Act as a liaison with bond counsel and coordinate other professionals providing information in connection with the proposed financing. FA h. Prepare a timetable of events for all concerned leading to the successful sale and delivery of an offering. i. Testify at validation hearings, as requested. Marketing Phase a. Advise on the appropriate terms and conditions of the sale, including maturity schedule, underwriter discount, redemption provisions, interest rate bidding requirements, and basis for award. b. Advise on the timing of the bond sale, taking into consideration such factors as changing economic conditions, current and projected market trends, and convenience to the City. c. Coordinate with bond counsel the preparation of authorizing resolutions and other documents involved in the sale of bonds or other methods of financing. Assist in publicizing the issue in advance with an Official Statement, Notice of Sale, Bid Forms, and such other means necessary and advisable to develop nationwide public and institutional interest. d. Assist the City in meeting full disclosure requirements and conforming to suggested guidelines when preparing the Official Statement, either as an advisor or principal author. e. Distribute the Official Statement to potential purchasers of the City's securities across the nation. Directly contact those lead underwriters most likely to be syndicate managers. Maximize efforts to market the City's debt issuance most effectively. f. Conduct informational meetings with the investment community, including investment bankers (dealers and dealer banks) and institutional investors (banks, bank holding companies, and insurance companies), if necessary, to establish bidding interest on this offering. g. Advertise any competitive bid and bond sale in nationally prominent financial publications in addition to coordinating local publication requirements. h. In the event of a competitive bid, attend the bid opening to assist with the verification and evaluation of bids and recommend the most favorable bid for award. 3. Bond Closing Phase a. Direct bond - closing details, including coordination with bond counsel in order to ensure delivery in the shortest possible time frame. b. Furnish prompt, complete reinvestment analysis so that maximum earnings will result from investing bond proceeds, in addition to assisting staff and the architect/engineer with establishing schedules for drawdown of funds, if any. c. Direct, coordinate, and supervise preparation of the transcript and provide the City with bond and interest records showing required semiannual payments and other information relevant to the completed financing. d. Solicit bids on investment of idle funds, if requested. B. Work Products The Financial Advisor shall provide the following work products for each competitive and negotiated debt offering: 1. Presale Analysis. 2. Offering Statement. 3. Post -Sale Analysis. 4. Such other analyses, cash flow projections, and materials necessary for financial planning and bond sale purposes. C. Other Services 1. Assist the City in meeting arbitrage regulations, including preparation of arbitrage rebate calculations. 2. Assist the City in such non -debt offering areas of financial management as the City may from time to time request pursuant to the Request for Proposal. 3. Attend City Council meetings and other scheduled City meetings as requested, with reasonable advance notice. a. Fee Schedule For services rendered as outlined in the City's ~Invitation to Propose, the financial advisor proposes compensation as follows: For any single issue of bonds or notes, the fee shall be an amount equal to $2.00 per $1,000 of principal amount of bonds or notes issued up and including the first $5,000,000 of bonds issued; $1.50 per $1,000 of principal amount of bonds on the next $15,000,000 bonds issued, and $1.00 per $1,000 principal amount of bonds issued in excess of $15,000,000. In no event shall the fee for a single transaction be less than $10,000.00. 1) Leases — The fee for lease transactions shall be $7,500 per transaction. 2) Notes — The fee for both bonds and notes shall be as stated above. 3) Refinancing - The fee schedule for new money transactions also applies to refinancings. 4) Private Placements - $7,500 per transaction with the exception of bank loans. For bank loans we propose a fee of $5,000 per transaction. b. Alternative Financing Schedules For other financings, such as derivative based transactions, we would propose to negotiate a fee acceptable to the City. The fees for competitive and negotiated sales are identical, as are those for new money or refinancings. c. Consultation Fee We have been reluctant to quote hourly fees because we believe that such fees often discourage contact with us when consultation is needed. There will be no charge for this service. d. Expenses Expenses of the firm will be itemized and will include items such shipping (FedEx), copying and out =of state travel (rating agency presentations) if required. There will be no request for reimbursement for telephone or in -state travel. All expense reimbursement shall be in accordance with City and State guidelines. EXHIBIT B CLIENT LIST Seacoast Utilities Authority, Palm Beach Gardens, Florida Palm Beach County, Florida Town of Jupiter, Florida City of Lake Worth, Florida SP =,R ZCW M� /NIC'IPA - L SEER VTCIE ETC CITY OF PALM BEACH GARDENS RESPONSE TO THE CITY'S INVITATION TO PROPOSE FOR FINANCIAL ADVISORY SERVICES Presented By Spectrum Municipal Services, Inc. JULY 7, 2003 IJ�/ U IC UAL FINA IAL CflIVSULTI ANTS UAI A,V 'NILIP L ,ti'TA Vl(_ -E , INC, Table of Contents TOPIC Letter of Transmittal Acknowledgement of Receipt of Addenda Qualifications and Experience of Firm and Individuals a. Key Individual Experience b. Qualifications of the Firm C. References d. Municipal Securities Investigation Statement e. Non - participation Statement L Conflict of Interest Statement g. Proof of Insurance h. Proposal and Drug Free Workplace Form Availability Evidence of Insurance Plan of Financing Requirements a. Financing Plan, New Money and Refunding b. Technical Support C. Alternative Financing d. Competitive vs. Negotiated Sale e. Marketing Activities Fee Submittal a. Fee Schedule 1) Leases 2) Notes 3) Refinances 4) Private Placements b. Alternative Financing Fee Schedules C. Consultation Fee d. Expenses Other a. Evidence of Insurance Coverage b. Financial Stability Statement C. Litigation d. Type of Business Entity e. Florida Secretary of State Certificate f. Sole Proprietor Statement g. FederalID h. City Form Regarding Business Type Additional Information Appendix A City's Drug Free Workplace Form Appendix B Evidence of Insurance Appendix C Certificate of Status Appendix D City's Proposal Form PAGE Section 1 1 Section 2 2 Section 3 3 -9 Section 4 10 Section 5 11 -12 Section 6 13 Section 7 14 Section 8 15 ;111 NICII'II FRV-INCIl1I 0 /[ I;'1 NT:� INC, SECTION 1 Letter of Transmittal July 7, 2003 Mr. Allan Owens, Director of Finance City of Palm Beach Gardens, Florida 10500 North Military Trail Palm Beach Gardens, FL 33480 Dear Mr. Owens: Spectrum Municipal Services, Inc is honored to have been selected to receive The City of Palm Beach Garden's INVITATION TO PROPOSE for financial advisory services. The firm fully understands the scope of services outlined in the Invitation to Propose and the City may rely on our commitment to provide those services in a professional and timely manner. The public finance professional assigned to the City's financing programs is Clark D. Bennett who is authorized to represent the firm. Mr. Bennett may be contacted as follows; Clark D. Bennett 224 Datura Street, Suite 813 West Palm Beach, Florida 33401 Tel. 561- 832 -2559 Fax. 561- 832 -5452 Should you have further questions regarding our firm, please call or e-mail me at cdb@spectmunicipal.com. I look forward to working with you. ur ly Clark D. Bennett Managing Director CDB /psb ,�YINICIIAT_ HIVANCIII L 0)N.'IIL TANT.I 1 �I'Ec 7R( illl il1[ L VP --LX INC. No addenda received. SECTION 2 Acknowledgement of Receipt of Addenda 11I/INICII'lII /INAMCIAI CO N.7 /L 2 �jlCNN'lijWAV L.�IAVICEE INC. Section 3 Qualification and Experience of Firm and Individuals a. Key Individual Experience Spectrum possesses the expertise to provide the City with the service you seek. Our staff is comprised of success - oriented individuals who bring their personal and professional experiences and expertise to each transaction. The following professional will be available full -time to address the needs of the City with regard to this Financial Advisory role: Primary Contact Person Clark D. Bennett 224 Datum Street, Suite 813 West Palm Beach, Florida 33401 Tel. 561 -832 -2559 Fax. 561- 832 -5452 Mr. Bennett is a native of Miami, Florida, where he attended the University of Miami, graduating in 1962 with a Bachelor of Business Administration degree and a major in Public Finance. In 1969, after a six -year association with Texaco, Inc., Mr. Bennett joined the firm of Merrill Lynch Pierce Fenner, & Smith as an account executive in the Miami Beach Office, where he served as Municipal Securities Coordinator. Merrill Lynch transferred Mr. Bennett to its Vero Beach Offices in 1978. In 1984, William R. Hough & Co. employed Mr. Bennett, as Public Finance Principal and Branch Manager of its North Palm Beach Office. Mr. Bennett joined Florida Municipal Advisors in June of 1991 and remained with the firm until he and Mrs. Bennett acquired Florida Municipal Advisors in 1999. As investment banker or financial advisor, Mr. Bennett has provided financial services to various units of Florida municipal government, including, Boynton Beach, Davie, Homestead, Pompano Beach, Sunrise, Fort Lauderdale, Lake Park, Medley, Dania, Hialeah Gardens, Bay Harbor Islands, Broward County, Martin County, Palm Beach County, Tamarac, North Broward Hospital District, Broward County Health Facilities Authority, Northern Palm Beach Improvement District, Indian Trail Improvement District, Seminole Improvement District, Bonita Springs Fire Control and Rescue District, City of Miami Sports and Exhibition Authority, City of Miami Department of Off - Street Parking, South Indian River Water Control District, Lake Lucie Community Development District, Belmont Community Development District, South Florida Water Management District, City of Coconut Creek, Village of Tequesta, Town of Jupiter, City of Lake Worth, Seacoast Utility and Delray Beach CRA and Westgate- Belvedere CRA, Port of Palm Beach, and Port of Miami. Among the projects for which Mr. Bennett has provided financial advisory services are: • Water and wastewater treatment new money and refunding transactions • General and Special Obligation (non ad- valorem pledge) financing .1 It /IV7(_71,1 I 1IIV,11VC7A 1 0 )IV_� / II _T4IVTI� %A AIl • Solid waste facilities new money and refunding • Airport and deep water port new money and refunding • Fixed to variable interest rate swaps and reversals of swaps to fixed rate transactions • Improvement District and Community Development District assessment and refunding transactions • Toll road and bridge new money and refunding • Sports and convention facilities financing • Single and multifamily housing transactions From 1981 until 1988, Mr. Bennett served on the Board of Directors for the Florida Housing Finance Corporation. In 1994, Mr. Bennett was appointed again for membership on the Board of Directors of the Florida Housing Finance Corporation and served as the Chairman of that organization for the year 1998. While on the Board of Directors, Mr. Bennett assisted in the supervision of the Housing Finance Corporation's Guarantee Fund Program as well as being involved in decision - making regarding the structuring of both single and multi- family housing bond issues. In 2002 the Palm Beach County Board of County Commissioners appointed Mr. Bennett to the Board of Directors of the Palm Beach County Housing Finance Authority. Mr. Bennett is currently Chairman of the Authority. Mr. Bennett also is a member of the Palm Beach County Road Oversight Committee. ,1I/ iIVICIP.4 L II7V4IVCI.l L 0 7/W / 41 WIC IPAL .q'A VIc=fN INC, Ib. Q ualifications of the Firm tIn December 1999, Patricia S. Bennett acquired the independent financial advisory firm of Florida Municipal Advisors, Inc. and founded Spectrum Municipal Services Inc. a Florida Corporation I ( "Spectrum "). Florida Municipal Advisors, Inc. was formed in 1978 and had provided financial advisory services to clients, many of whom Spectrum continues to service after 24 years. Florida Municipal Advisors had employed Mr. Bennett for eight years prior to the acquisition. ' Spectrum's expertise in financial advisory work includes general obligation and revenue debt for utility and water districts, transportation, education, housing, solid waste, airport and pooled -finance ' transactions. Spectrum has also become proficient in the use of derivative products such as interest rate swaps, caps and collars, and guaranteed investment contracts (GICs). Recently, commercial banks have exhibited renewed interest in providing certain loans and lines of credit to municipal government and Spectrum has become adept at structuring and negotiating such loans and LOC's for its clients. Spectrum also has extensive experience with the national rating agencies as attested to by the following: ' 2001 - Palm Beach County Florida General Obligation ratings increased from AAl, AA +, AA+ to Aaa, AAA, AAA by Moody's, Standard & Poor's and FitchRatings Respectively. 2001 - Palm Beach County Florida Non -ad valorem ratings increased from Aa, AA, AA, to Aal, AA +, AA+ 2002 - Palm Beach County Solid Waste Authority Revenue rating increased from Al, A +, A +, to Aa, AA, AA. 2003 - Palm Beach County Water Utilities Department ratings from AA2, AA -to AA1 and AAA by Moody's and Standard & Poor's respectively and a new AAA by FitchRatings In order to provide quality - personalized service, Spectrum has limited the size of its customer base. The firm restricts its practice to the Florida municipal market assuring the City of Palm Beach ' Gardens that Spectrum will be responsive to the needs of the City and will be available when called upon. Technical support, including the structuring of complex new money and refunding transactions is provided from the firm's offices in West Palm Beach, Florida. The firm utilizes Munex to provide bond sizing and refunding calculations and is equipped the latest computer technology. Spectrum is connected, via the Internet to the resources of Bloomberg and Delphis Hanover for bond interest rate scales, takedowns and spreads. We receive information on reinvestment rates from P -K Advisors, Image Inc. and Tradition North America. In addition to the information from the usual commercial providers of market news, we have carefully cultivated relationships with the trading desks of all of the leading national and regional municipal bond underwriters. ' Currently, Spectrum is under contract to provide financial advisory services to Palm Beach County, Wyndam Park, Isles of Doral, Quantum and Century Park Community Districts, Palm Beach County Solid Waste Authority, South Florida Water Management District, Town of Jupiter, Village of Tequesta, Northern Palm Beach County Improvement District, Seacoast Utility Authority, City of Lake Worth, and Bonita Springs Fire Control and Rescue District among others. ,A If IIVICI'9I 117VAIVC1/1I Cr HIV. Y /L 7l1IVT. 5 ' `I '� c_ .I� [ : i� i�1 'N_I {� II f1 L . �� I; V I c� E �:, INC, FINANCIAL ADVISORY TRANSACTIONS Spectrum Municipal Services, Inc. has provided financial advisory services to units of Florida government since 1978 when it was known as Florida Municipal Advisors. On the succeeding pages we have presented a recent history of our transactions from 1996 to date which we believe is reflective of our varied clientele and experience. Spectrum is an independent financial advisory firm. We are not investment bankers therefore in all of the following transactions we played a financial advisory role. SPECTRUM, MUNICIPAL SERVICES, INC. Financial Advisory Transactions $302,313,589 J13 100 11,255,000 Florida Housing Finance Corporation Housing Revenue Bond, Series 2000 S Type of Moody's FSA N/A Gross Take Mgt. % Date Amount Issuer and Description Sale S &P Insurer NIC TIC Disc Down Fee Esp. Disc ✓16103 26,785,000 Palm Beach County Water& Sewer Refunding Bonds, Series 2003 Negotiated Aal /AAA - 2.24% 2.02% $5.5g $1.42 11.00 $1.16 .0558 ✓01/03 44,110,000 Northern Patin Beach Co. Imp. Dist. Unit 9A Refunding Bonds Series, 2003 Negotiated BBB MBIA 4.39% 4.62% $1.03 $4.89 11.00 $1.34 .723 /13103 3,075,000 Pentathlon Community Development District Negotiated - - 6.80% 6.86% $11.00 $9.00 $2.00 - 1.10% /23/03 736,826 Northern Palm Brach Co. Imp. Dist. Unit 43 Loan Competitive - - 4.79% 4.79% - - - - - /15/03 765,000 Northem Palm Beach Co. Imp, Dist, Unit 36 Loan Competitive - - 4.809/6 4.89% - - - - - 5.190/ 175,471,826 N/A N/A N/A N/A N/A I131/00 /01/00 3,545,000 Northern Palm Beach Co. Imp. Dist., Water Control & Imp. Una 19, Series 2000 Negotiated N/R /05/02 5,750,000 Kendall Breeze Community Development District Negotiated - - 6.73% 6.82% $l L00 19.00 $2.00 - 1.10% 104/02 4,34,000 Northern Palm Beach Co. Imp. Dist. Unit 27AB Botanica Negotiated - - 6.54% 6.47% $15.00 $11.00 $1.50 $2.50 1.5011. ✓31/02 7,692,586 Patin Beach County Bond Anticipation Note, Series 2002 Competitive - - 2.25% 2.28% - - - - - ✓29/02 70,429,386 Palm Beach County Solid Waste Authority Refunding and Improvement Bonds, Series 2002 Negotiated AA3 /AA- Ambac 4.750% 4.790% 17.00 51.62 $1.00 1.38 .700% V22102 6,025,000 Northern Palm Beach Co. Imp. Dist. Unit 2A Evergreen Negotiated - - 6.47% 6.54% $15.19 $7.40 $2.00 $5.79 1.519°/, 03102 750,000 Northern Palm Beach Co. Imp. Dist. Unit 48 (Taxable Bank Loan) Competitive - - 6.75% 6.75% - - - - - U19/02 35,000,000 Broward Health Facilities Authority (John Knox Village ) Revenue & Refunding Bonds Negotiated AA+ Radian Var. Var. $14.00 $9.50 $2.00 $1.50 1.401. /05102 18,560,000 Palm Beach County Criminal Justice Revenue Refunding Bonds, Series 2002 Negotiated Aal /AA+ - 3.87/. 3.711/. $5.95 $3.50 S.45 $1.00 .595% 129102 23,810,000 South Florida Water Management District Special. Obligation Refunding Bonds, Series 2002 Negotiated Aaa/AAA Ambac 3.680/ 3.77/ $5.93 $3.94 1.50 $1.49 .593% 703102 60,150,000 Palm Beach County Airport System Revenue Refunding Bonds, Series 2002 Negotiated Aaa/AAA MBIA 5.56% 5,28•/ $5.00 $5.00 - - /29/02 12,520,000 Mount Dots Health Facilities Authority (Waterman Village Project) Negotiated - - 6.44% 6.59 $22.35 - - - 2.2350/. 130/02 4,950,000 Century Part Community Development District Series 2002 Negotiated - - 7.470/. 7.14% $15.00 $12.50 $2.50 - 1.500°/. 111102 4,530,000 Northern Palm Beach Co. Imp. Dist. Unit 45 Tenabrook Negotiated - - 686% 6.699/o $15.10 S750 $3.25 14.35 1.51006 115/02 206,000 Northern Palm Beach Co. Imp. Dist. Una 19A Regional Center Competitive 3.90% /28/02 1, 788.100 Quantum Community Development District Promissory Note Competitive - - - 5.99% - - - - - AV02 13,920,000 Town of Jupiter Water Revenue Refunding Bonds, Series 2002 Negotiated Aaa/AAA Ambac 4.54% 4.45% $5.68 $4.38 $.80 130 3681/6 24/02 10,235,000 Town of Jupiter Sales Tax Revenue Refunding Bonds, Series 2002 Negotiated Aaa/AAA Ambac 4.75% 4.83% $5.90 54.80 0 $1.10 .590'/. ' 1280,656,072 21 /01 5,565,000 Palm Beach County Health Facilities Authority Rev. Bonds Series B (Abbey Delray Project Negotiated N/R - Var. - $20.00 $16.00 $2.00 2.00 2.001% 21 /01 6,475,000 Pahn Beach County Health Facilities Authority Rev. Bonds Series A (Abbey Delray Project Negotiated N/R - 5.970/. 6.01 $20.00 $16.00 $2.00 2.00 2.00%. X25 /01 21,535,000 Northern Palm Beach Co. Imp. Dist. Una 43 Mirasol Negotiated - - 6.28% 6.42 $15.00 $10.00 13.00 $2.00 1.500'/. '25/01 650.000 Northern Palm Beach Co. Imp. Dist. Una 2A SunTmst Loan Competitive - - 4.74% 4,74% - - - - - ✓2N01 11,330,000 Town of Jupiter Florida General Obligation Bonds, Series 2001 Negotiated Aa/AA - 4.89% 4,92% $5.47 $4.40 $0.65 $0.42 .5471% ✓01 /Ol 83,965,000 Palm Beach County Airport System Revenue Refunding Bonds, Series 2001 Negotiated Aaa/AAA MBIA 5.56% 5.280/ $5.00 $5.00 - - .500% 23/Ol 300,000 Northern Palm Beach Co. Imp. Dist. Una 19 SunTrust Loan Competitive - - 5.66 5.66 115/01 80,705,000 Palm Beach County Politic Improvement Revenue Bonds, Series 2001 (Convention Center) Negotiated Aal /AA+ FGIC 5.33% 5.36% $6.49 $4.93 $1.00 50 56 .6491% 130101 14,190,000 Northern Palm Beach Co. Imp. Dist., Water Control & Imp. Unit 31, Refunding, Series 2001 Negotiated Aa/AA Asset 5.350/6 5.50°/ $11.60 $6.52 $3.00 $2.08 1.160'6 /13/01 75,000,000 Palm Beach County General Obligation Bonds, Series 2001 Negotiated Aal /AAA N/R 4.82% 4.85% $5.44 14.33 $0.50 $0.61 .05447 115101 3, 247.939 Seminole Improvement District Unit 3 Promissory Note, 20M Competitive N/R N/R 5.37/0 N/A N/A WA N/A N/A N/A $302,313,589 J13 100 11,255,000 Florida Housing Finance Corporation Housing Revenue Bond, Series 2000 S Competitive Aas/AAA FSA N/A 5.70% 20100 8,815,000 Florida Housing Finance Corporation Housing Revenue Bond, Series 2000 Q-1 Competitive Aaa/AAA FSA N/A 6.401/6 N/A N/A N/A N/A N/A 20/00 4, 170.000 Florida Housing Finance Corporation Housing Revenue Bond, Series 2000Q- ((Taxable) Competitive Aaa/AAA FSA N/A 6.4(r N/A N/A N/A N/A N/A /01/00 13,800,000 Palm Beach County IDRB South Florida Fair, Series 2000 Negotiated Aaa/AAA MBIA 5.52% 5.57/0 $8.26 $4.92 $1.00 $2.34 .826% J20100 20,2804000 Palm Beach County (Sunshine State Financing Commission) Variable Rate Loan Negotiated Aaa/AAA FSA Var. Var, N/A N/A N/A N/A N/A 727/00 20,480,000 Broward County Health Facilities Authority, Catholic Health Services) Negotiated Aa3 - 5.15 5.27 $7.35 $5.20 $1.00 $1.15 .7250 1,637,000 Indian Trail Improvement District Consolidated Promissory Note, 2000 Competitive N/R N/R 5.190/ N/A N/A N/A N/A N/A N/A I131/00 /01/00 3,545,000 Northern Palm Beach Co. Imp. Dist., Water Control & Imp. Una 19, Series 2000 Negotiated N/R Asset Gty 6.19% 6.30% $10.50 $7.62 $1.00 $1.88 1.05006 J09100 150,000,000 Miami -Dade Canty Expressway Authority Toll System Rev. Series 2000 Negotiated Aaa/AAA FGIC 6.09% 6.12% $6.72 $4.83 $0.50 $139 .0672 101/00 9,255,000 Indian Trail Improvement District Water Control & Imp. Unit 18, Series 2000 Negotiated N/R N/R 7.37/ 7.61% $16.71 $10.00 54.97. $1.74 1.67/0 I $243,237,000 A[1/1V1-C11'11 fINANCIAI. CO )N�7 /L JANE' 6 I .tilL A4 %NIt_II /1L . LA VICLN INC ' 102!99 75,000,000 Palm Beach County General Obligation Bonds, Series 1999B (Land Acquisition) Negotiated Aal /AA+ - 5.35% 538% $5.47 $4.35 $.50 5.61 5.47% /20/99 3,715,000 Northern Palm Beach Co. Imp. Dist., Water Control & Imp. Unit 16, Refunding, Series 1999 Negotiated N/R N/R 7.64% 7.761% $23.75 $15.00 $3.00 $5.75 3.37% /19/99 25,000,000 Palm Beach County General Obligation Bonds, Series 1999A (Recreational Facilities) Negotiated AalAA +/ - 5.580/ 5.54% $6.54 54.84 $.85 S.85 6.54% '/27/99 13,745,000 Palm Beach County Water& Sewer Revenue Bonds Series 1985 Restmcmring Negotiated VMIGI AMBAC Var. Var N/A N/A N/A N/A N/A 101/99 6,525,000 Northern Pahn Beach Co. hnp. Dist., Water Control & Imp. Unit 5B, Series 1999 Negotiated N/R N/R 6.061/0 6.10% $13.08 $8.75 $2.00 $2.33 1.3080% ,12999 9,715 Delray Beach Community Redevelopment Agency, T1F & Ref. Series 1999A Competitive N/R N/R 4.80°/ - N/A N/A N/A N/A N/A /25/99 2,105 Delray Beach Community Redevelopment Agency, Tff & Ref. Series 1999B (Taxable) Competitive N/R N/R 6.70% - N/A N/A N/A N/A N/A W15 /99 25,825,000 Northern Palm Beach Co. Imp. Dist., Water Control & Imp. Unit 9B, (ABACOA) Series 1999 Negotiated N/R N/R 6.08% 6.14% $11.90 $8.75 $1.00 $2.15 1.1910 $1.75 9,200,000 Port of Palm Beach Note Competitive N/R N/R 3.95% 3.95% N/A N/A N/A N/A N/A 115/99 8,554,630 South Florida Water Management Dist. Revenue Note, Series 1999 Competitive N/R N/R 3.35% 3.3551 N/A N/A N/A N/A N/A 1115/99 105/99 750,000,000 Joint Underwriters Assocumom Line of Credit with consortium (JP Morgan et al) Negotiated N/R N/R Var. Var. N/A N/A NIA N/A N/A 130/99 3,380,000 WestgualBelvedere Homes Community Development Agency, Refunding, Series 1999 Negotiated Aaa/AAA AMBAC 4.598% 4.623% $11.83 54.69 $2.00 $5.14 .1183/, /04/99 5,000,000 Village of Tequesta, Note Competitive N/R N/R Var. Var. N!R N/R N/R N/R N/R $925,956,450 Type of Moody's Type of Moody's Take Mgt. Gross Take Mgt. Sale % Date Amount Sale S &P Insurer TIC NIC Discount Down Fee Esp. Disc. '101 /98 5,550,000 Northern Palm Beach Co. Imp Dist., Water Control & Imp. Unit 5D, Series 1998 Negotiated N/R N!R 5.71% 5.82% $1333 $8.81 52.00 $2.520 .1333% U23/98 10,000,000 South Florida Water Management Dist. Note Competitive N/R N/R 3.3429 3.3429 NIA N/A N/A N/A N/A )/02/98 36,435,432 Solid Waste Authority of Palm Beach County Rev.Ref. Series 1998 Tax-exempt Negotiated Aaa/AAA AMBAC 5.180/6 5.140/a $6.98 $5.32 $35 $.81 0.6980% 1/02198 19,170,000 Solid Waste Authority of Pahn Beach County Rev.Ref. Series 1998 Taxable Negotiated Aaa/AAA AMBAC 6.74% 6.47% - - - - - i/24/98 30,000,000 PBC Water and Wastewater Revenue Bonds, Series 1998 Negotiated Aaa/AAA FSA 4.71% 4.72% $5.84 $4.27 $1.00 157 0.42701 1/12198 15,000,000 HFA of Palm Beach County, SFM COB Series 1998 B Negotiated VMIG I GIC - - $1.00 - - - 0.01% 1/12/98 15, 000.000 HFA of Palm Beach County, Series 1998 A Negotiated AA21 GNMA 5.13% 5.16% $11.72 $6.25 $1.20 $3.77 1.1721% +/27/98 1,061,367 Northern Palm Beach Co. Imp. Dist., Units 12A, 29,32A, 33 Refunding, Series 1998, Sun Loan Competitive NR/NR - 5.32% 537% NIA N/A N/A N/A N/A 1130198 45,625,000 PBC General Obligation Refunding, Series 1998 Negotiated Aa/AA - 4.61% 4.63% $6.50 $4.35 $1.00 $1.15 0.650'% /928198 15,505,000 HFA of Palm Beach County, MFRB Series 1998 A&B Negotiated Fitch A FHFC Var - $11.51 $6.25 $2.00 $3.26 1.15% 1109/98 2,800,000 PBC Sheriffs Vehicle Purchase Competitive - - $2.50 5.17% - - - - - 1/08/98 7,000,000 UFA of Manatee Co. SFM, Series 1998 Negotiated Aaa/- GNMA 5.43% - $11.80 $6.25 $3.00 $2.55 1.1800% 1106/98 9,280,000 Northern Palm Beach Co. Imp, Dist., Water Control & Imp. Ref. Bonds, Series 1998 Unit #5A Negotiated N/R - 6.16% 6.22% $11.65 $8.25 $1,50 $1.90 1.165/, 1106/98 3,485,000 Northern Palm Beach Co. Imp. Dist., Water Control & Imp. Ref. Bonds, Series 1998 Unit #24 Negotiated N/R - 5.5010 5.55% $12.22 $6.39 $2,00 $3.83 1.2220% c/11 /98 7,915,000 Village of Tequesta Water improvement Revenue Bonds Series, 1998 Negotiated Aaa/AAA MBIA 5.15% 5.43% $9.00 $5.95 $1.25 $1.78 0.9001% .!11/98 33,980,000 Northern Palm Beach Co, Imp. Dist., Water Control & Imp. Ref. Bonds, Series 1998 Unit #18 Negotiated Aaa/AAA MBIA 4.69% 4.59% $7.97 $4.55 $2.50 .92 0.747-% !25/98 82,445,000 PBC Department of Airports Interest, Rate Swap Floating to Faced, Series 1991 Negotiated Aaa/AAA MBIA - 5.0010 - - - - - %25/98 61,090,000 PBC Department of Airports Interest, Rate Swap Floating to Fixed, Series 1992 Negotiated Aaa/AAA MBIA 5.375% - - - - - 5392,061,799 $269,307,894 ,1II1NIC71'4L FINANCIAL C1 )N.�l1LT,-1N_7:1 7 22,425,000 PBC Revenue Improvement Bonds Series 1997 Negotiated Aaa/AAA FSA 4.83% 4.852% $6.32 $4.32 $1.00 $.00 0.6320% ''116/97 /924197 16,100,000 HFA of Palm Beach County, MFRB Series 1997 A &B Negotiated -/AA+ LOC Var Var $6.75 $2.20 $2.25 0.065/, U14197 5, 950.000 HFA of Manatee Co. M/F Ref., Series 1997A Negotiated -/AAA GNMA - 7.191/6 $14.11 $6.75 $2.25 $5.69 1.416/% V14/97 935,000 HFA of Manatee Co. M/F Ref., Series 1997B (Taxable) Negotiated -/AAA GNMA - 7.19% $14.11 $6.75 $2.25 $5.69 1.411/, UO8197 32,775,000 PBC Criminal. Justice Facilities. Rev. Ref. Bonds, Series 1997 Negotiated Aaa/AAA FGIC 527% 5.15% $7.11 54.98 $1.00 $1.13 0.7110% 1/26/97 21,800,000 HFA of Palm Beach County, SFM Series 1997A Negotiated Aaa/- GNMA - 5.480/ $10.43 $6.50 $1.50 52.43 1.0430% i/26/97 21,000,000 HFA of Palm Beach County, SFM Series 1997B, Convert Option Bonds Negotiated Aaa/- GIC - - $1.29 $1.29 - - 0.1290% i/11/97 13, 275.000 UFA of Palm Beach County, MIF, Series 1997A Negotiated VMIGI /- FSA - 5.77% $12.50 $6.50 $2.00 $4.00 1.2501/. 1/07 /97 15,775,000 Indian Trail Water Control Dist., Road Imp. Unit#R2, Series 1997 Negotiated Aaa/AAA MBIA 5.79% - $9.00 $5.85 $1.75 $1.40 09007 V23/97 2,595,000 Northern Palm Beach Co. Imp. Diu., Water Control & Imp., Unit#3A, Series 1997 Negotiated N/R - 6.8511. - $17.16 $9.00 $2.00 56.16 1.7167 '/12/97 12, 500.000 HFA of Manatee Co. SFM, Series 1997 Sub. #1 Negotiated Aaa/- GNMA 6.61% 6.26% $11.54 $5.00 $3.50 $3.04 1.1541% t105 /97 7,905,000 HFA of Palm Beach County, M/F Rev. Bonds. Negotiated -/AAA GNMA 5.85% $10.00 $6.22 53.78 1.0007 ;/0 t/97 339,040,000 PBC Solid Waste Auth, Rev Bonds, Series 1997A&C Imp. Rev Bonds, Series 1997B NeSJComp A2/A/NR AMBAC - 6.64% $6.78 $4.86 $1.00 $92 0.6780% '![2197 5, 000.000 Palm Beach County Sheriffs Motor Pool Competitive N/R - 5.141 - Bank Place - - - $517,075,000 Type of Moody's Gross Take Mgt. % Date Amount Sale S &P Insurer TIC NIC Discount Down Fee Esp. Disc. 7117 /96 28,010,000 Palm Beach County Stadium Facilities Rev. 1996A Negotiated Aaa/AAA MBIA 5.37% 5.48% $7.91 $5.26 $1.00 $1.65 0.7910% 113/96 8,700,000 UFA of Palm Beach County M/F Rev Bonds., Series 1996A Negotiated NR/AAA FNMA - 6.01% $12.03 $6.25 $2.00 $3.78 1.2030% '106196 80,000,000 Dade County Expressway. Auth. Toll System Revenue Bonds, Series 1996 (Taxable Floater) Negotiated VMIGI /- FGIC -SPI VarJRt Var./Rt U28/96 1, 500.000 Indian Trail Improvement Bonds., Unit #17, Series 1996 Negotiated N/R - 6.57% - 525.00 $13.78 $4.54 $6.69 1.3787 1=196 13, 267.894 Port of Palm Beach Rev Improvement Bonds., 1996A Negotiated Aaa/AAA MBIA 5.53% - $9.22 55.45 $1.50 $2.27 0.9227 U04/96 10,100,000 Port of Pat. Beach Rev Improvement. Bonds., 1996B Negotiated Aaa/AAA MBIA 5.821. - $8.77 $5.00 $1.50 52.27 0.877-% !✓01196 4,120,000 Semmok Water Control District Improvement. Bonds., Unit No. 2, Series 1996 Negotiated N/R - 7.18% 7.35% $15.00 $10.00 $2.50 52.50 1.5007 U30/96 45,345,000 Northern Palm Beach Co. hnp. Dist Unit #9A Negotiated N/R 7.44% $14.50 $10.00 $2.50 52.00 1.4507 030/96 1,545,000 Northern. Palm Beach Co. Imp. Dist Unit #9A Taxable Negotiated N/R - - 9.27% $22.40 - - - - V27 /96 26,300,000 Palm Beach Co. Parka & Rec. Facilities. Series 1996 Negotiated Aaa/AAA FSA 5.36% 5.61% $7.67 $5.66 $ .90 $1.1 t 0367-% /96 5,360,000 Northern Palm Beach Co. Imp, Dist. Unit 5C Negotiated N/R - 6.641/6 6.81% $14.30 $8.67 $2.50 $3.13 1.430°% I✓27 ;/12196 2,315,000 Indian Trail Water Control Dist. Unit R/C Negotiated Aaa/AAA MBIA 5.641/6 5.67% $12.50 $6.50 $3.50 $2.50 1.2501% 017/96 10, 380.000 HFA of Manatee Co. SFM, Series 1996 Sub. #I Negotiated Aaa/- GNMA 6.45% $11.93 $7.82 $4.11 1.1937 i/01/96 4,300,000 Palm Beach Co. Sheriffs Motor Pool Negotiated - - 5.201/. - N/A N/A N/A N/A - U14/96 10, 000.000 HFA of Manatee Co. SFM, Series 1996 Var. Negotiated Aaa/- VMIG -1 - - 6.131/6 $1.36 - $1.36 0.613/, 8,310,000 HFA of Manatee Co. SFM, Series 1994 Sub.94 Negotiated Aaa!- GNMA - 5.73% $14.24 $11.05 - $3.19 1.4247 '716/96 124196 9,155,000 City of Tamarac Taxable W/S Ref. Series 1996 Negotiated Aaa/AAA AMBAC 6.520/ 6.57% 59.40 $6.00 $1.00 52.40 09407 $269,307,894 ,1II1NIC71'4L FINANCIAL C1 )N.�l1LT,-1N_7:1 7 1 '��� 7 R li1�1 %1�1 t �NI �� II A L .��R�'1 �. INC a. Florida References Spectrum is pleased to present for the information of the City, references of clients for whom we have provided financial advisory services. We are proud to have served these issuers and encourage the City to contact them. Seacoast Utilities Authority Mr. Rim Bishop, Executive Director 4200 Hood Road Palm Beach Gardens, Florida 33410 Telephone (561)- 672 -2900 Palm Beach County, Florida Mr. John Long, Debt Manager Office of Financial Management & Budget 301 North Olive Avenue West Palm Beach, Florida 33401 Telephone (561) 355 -2733 Town of Jupiter, Florida Mr. Michael A Simmons, CPA, Director of Finance Town of Jupiter Florida 210 Military Trail Jupiter, Florida 33458 Telephone (561) 741 -2216 City of Lake Worth, Florida Mr. Van VanDever, Assistant City Manager, Director of Utilities City of Lake Worth 7 North Dixie Highway Lake Worth, Florida 33460 Telephone (561) 586 -1665 ,t 7IIVICII'11L IIIVAIVCIAI 0 )NV 7/1IANT.� N � 1 '.L �= 7 f� I W '1 11 'N1 � I1 '/1 _L INC, d. Municipal Securities Investigations Statement Neither the firm nor its stockholders or employees are now nor have they ever been the subject of any ongoing municipal securities investigation, a party to any municipal securities litigation or arbitration, or are the subject of a subpoena in connection with a municipal securities investigation by any regulatory body to include the Securities and Exchange Commission, Municipal Securities Rulemaking Board or the National Association of Association of Securities Dealers e. Underwriting Non - participation Statement Spectrum is an independent financial advisory firm and therefore all services performed for the City will be by individuals dedicated exclusively to financial advisory activities. Spectrum is not a broker dealer, nor are we a swap counter -party provider and therefore cannot and will not during the period of our contract with the City, if selected, engage in the sale or distribution of municipal securities of the City or any other unit of government. Additionally we are not, by choice, registered investment advisors as defined by the Investment Act of 1940 and will not offer advice regarding the investment of bond, loan, or escrow proceeds, such activities by financial advisors having been the subject of recent adverse discussions by the Securities and Exchange Commission and Municipal Securities Rule Making Board. f. Conflict of Interest Statement No public finance professional, member of the staff or principal of Spectrum has now or has had any business, employment relationship or compensation agreement of any kind with any member of the City Commission, City Department Director, or staff member of the City of Palm Beach Gardens. The firm has no financial interests in any real or personal property, now or in the past, which has been the subject of acquisition by the City. Further, the firm has no contractual agreements with any investment banker, commercial bank or financial service provider from whom the City might seek services. Finally, we know of no conflict, past or present, which would require that we resign an engagement granted to us by the City of Palm Beach Gardens. g. Ability to Obtain Required Insurance This requirement is addressed in Section 7 and Appendix B ,A 11 IIVICII'l L [17V4 7VC1/1 1, CO IV IIL7;lIVI E X R,7V(-II/L Vl(-fl; M-, SECTION 4 Availability Spectrum shall make itself available to assist the City with its financing plans or for general consultation at the pleasure of the City. The firm will, upon reasonable notice, attend all meetings both staff and elected officials for planning and successful implementation of the financing programs. ,l 1lINICIPIII 111VANCIAL CO �N_'W J/I NTI� 10 SECTION 5 Plan of Financing Requirements a. Financing Plan, New Money and Refunding Spectrum would employ the steps outlined on page 8 of the City's INVITATION TO PROPOSE, SCOPE OF SERVICES, Planning and Development Phase. This is the traditional methodology utilized in any debt financing and is modified only as to the purpose of the transaction. A new money issue would require coordination with the user of the new facility to assure that the structure and security for the transaction is appropriate. A refunding transaction has an established project purpose of savings but is subject to other considerations. Some of theses considerations may include (1) a decision as to how savings are to be realized, during the first maturity years or over the life of the issue (2) what if any negative arbitrage exists and how best to mitigate it and (3) which escrow vehicle, SLUGS or open market securities will provide the most efficient escrow and therefore the greatest savings. Consideration should also be given to the covenants under which the original debt was issued and whether such covenants should be modified to the benefit of the issuer. In both the new money and refunding transactions consideration should be given to the need for credit enhancement (municipal bond insurance) in addition to the issuers credit rating provided by Moody's, Standard & Poor's and FitchRatings. b. Technical Support Spectrum has, in- house, new money bond and refunding structuring capability. The firm utilizes the Munex system software that is employed by many national underwriting firms. We have not yet found the need to out - source our technical requirements but would not hesitate to do so for the benefit of City. Spectrum would create the initial bond structuring or refunding calculations and would then work in conjunction with underwriters, if a negotiated sale, to perfect the structure of a competitive sale the final structure would be verified with the winning bidder. c. Alternative Financing The City may find that some of its capital needs can be met with financing other than by the traditional bond issue approach. Often the dollar requirement is too small, the need to immediate or project and security not readily accepted by the bond market. In these instances the City may look to lease financing for equipment and/or commercial bank lenders that offer a rapid and relatively inexpensive alternative to the conventional bond issue. Unlike traditional bond issues, bank loans do not involve underwriter's fees, debt service reserve accounts or expensive rating and or insurance enhancements. Bank loans are, however, generally of relatively short maturity (10 -15 year maximum) and may be either variable or fixed as to rate structure. In addition to conventional loans, many issuers find that their short term capital needs are satisfied with a line of credit that will be repaid with traditional financing at a future date. Spectrum has dealt in each of these markets and will not hesitate to recommend the vehicle that we feel is most appropriate to the needs of the City. Il /NICII',1L FINN NCIA L C( WN l /1 7,-1 NT.� 11 II�Lt=7111( t1 /VI Vlc_L', INC, d. Competitive vs. Negotiated Sale Controversy still rages over the issue of negotiated vs. competitive sale and seemingly will never be resolved to satisfaction of either side. There are however several guidelines for the use of a competitive sale upon which all parties seem to agree, as follows: (i) the credit should be easily understood, such as a general obligation pledge, (ii) the issuer is frequently in the market and is well known by investors, (iii) there is no time constraint such as exists in a refunding and (iv) the credit rating is of the highest quality. Negotiated sales are best suited for "story" bonds and non -rated non - insured issues, interest and time sensitive issues (refunding bonds) and in those instances where the issuer desires the underwriting team to include minority and or small business participation. There is no conclusive evidenced that competitive sales consistently produce a lower NIC /TIC than negotiated sales. It is always the responsibility of the financial advisor to produce for the issuer the best rates and terms possible under then prevailing market conditions. e. Marketing Activities Because Spectrum is not a broker - dealer in municipal securities, our role in the sale and marketing of the City's securities is limited to alerting potential bidders of an impending competitive sale. The firm stands ready to discuss the security and technical aspect of the transaction but we may not act in a capacity that indicates that we are selling the securities. We have been called upon many times to explain a transaction when the security for the bonds is unusual and not well understood by either the rating agencies, insurance providers or ultimate purchasers. An example of our activities in this area is the recent refunding of approximately $44 million Northern Palm Beach County Improvement District, Abacoa Development that we were able to have rated and subsequently insured. The process of rating and insuring these securities took in excess of three years during which time we educated the credit enhancers and institutional buyers regarding the underlying security of the bonds. 1I� I VICIP4 L IIIV, I IVCI,U Cr �N.' l 1L7'1 NI, I2 �I'�c �T�� l 1��1 ,111 iNL��II /]L .�h VI��£.�; INC, SECTION 6 Fee Submittal a. Fee Schedule For services rendered as outlined in the City's Invitation to Propose, the financial advisor proposes compensation as follows: For any single issue of bonds or notes, the fee shall be an amount equal to $2.00 per $1,000 of principal amount of bonds or notes issued up and including the first $5,000,000 of bonds issued; $1.50 per $1,000 of principal amount of bonds on the next $15,000,000 bonds issued, and $1.00 per $1,000 principal amount of bonds issued in excess of $15,000,000. In no event shall the fee for a single transaction be less than $10,000.00. 1) Leases — The fee for lease transactions shall be $7,500 per transaction. 2) Notes — The fee for both bonds and notes shall be as stated above. 3) Refinancing - The fee schedule for new money transactions also applies to refinancings. 4) Private Placements - $7,500 per transaction with the exception of bank loans. For bank loans we propose a fee of $5,000 per transaction. b. Alternative Financing Schedules For other financings, such as derivative based transactions, we would propose to negotiate a fee acceptable to the City. The fees for competitive and negotiated sales are identical, as are those for new money or refinancings. c. Consultation Fee We have been reluctant to quote hourly fees because we believe that such fees often discourage contact with us when consultation is needed. There will be no charge for this service. d. Expenses Expenses of the firm will be itemized and will include items such shipping (FedEx), copying and out of state travel (rating agency presentations) if required. There will be no request for reimbursement for telephone or in -state travel. All expense reimbursement shall be in accordance with City and State guidelines. ,`l f/ IIV7C7I;'l L fIIVA IVCT, =1 L C( W'[ IL 1A NT. 13 A- 'NIC -IIA L .'.Lh VI�� L:�; INL . SECTION 7 Other a. Evidence of Insurance Coverage Spectrum is not covered under Workers' Compensation. We are a two member firm and are therefore exempted from the requirement for such coverage. Attached under Appendix B, please find Evidence of Insurance, Professional Liability supplied by National Union Fire Insurance Company and General Business Liability provided by Hartford Casualty Insurance Company. Additionally, sample "Certificates of Liability Insurance" that we have provided to other clients. b. Financial Stability Statement The firm is solvent. We have no long term debt and no accounts receivable in excess of 30 days old The firm has never filed for protection under the bankruptcy laws. c. Litigation Spectrum in not now nor has it ever been the subject of Any litigation. d. Type of Business Entity Spectrum is incorporated under the laws of the State of Florida. e. Florida Secretary of State Certificate A current certificate of status may be found in Appendix C f. Sole Proprietor Statement Spectrum is a corporation and not a sole proprietorship. g. Federal ID Number The federal tax identification number assigned to Spectrum Municipal Services, Inc. is 65- 0967891 h. City's Proposal Form The City form is included herein as Appendix D. :lI /INICII'lI FINCINCZ,1Z 0)N�71 IL1 -1NL� 14 I C I 'P l A I x R NI c- II 'A L . SLR VI ( E , INS-, SECTION 8 Additional Information There is no further information that we wish to include. , PINICII' -1L NNANCIA[ Cl ?N.'IIL7;'INP 15 APPENDIX A DRUG FREE WORKPLACE FORM kI /RVICU11Z_ TINA IVCMZ CO?N.�II[I 1N7:� APPENDIX A DRUG -FREE WORKPLACE FORM The undersig d vendor . accorda ce with Sect' 87.087, Florida Statutes, hereby certifies that •cc does /does not (circle appropriate response): (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the danger of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, and any available drug counseling. �l'L�_ N� I /11 ill(;NIcNIl1L .SLR VI�� E�, INC, APPENDIX B EVIDENCE OF INSURANCE :1 Ir /NCTI X11 HIVI NCIA L D....Concepts, Inc. 0 Professional Liability Specialists 30 West Mount Pleasant Avenue, P.O. Box 468, Livingston, NJ 07039 Telephone: 973 -758 -1700 • Fax: 973 -758 -1702 www.DOconcepts.com Evidence of Insurance Insured: Mr. Clark Bennett Spectrum Municipal Services, Inc. 224 Datum Street, Suite 813 West Palm Beach, FL 33401 We are pleased to advise you that, pending the issuance of the applicable insurance policy, coverage is bound as follows: Insurance Carrier: National Union Fire Insurance Company Type of Coverage Miscellaneous Professional Liability Binder Number DOC -4492 Binder Type: New Renewal r X I Endorsement Policy Term: From: 01/13/2003 1 To: 01/13/2004 Limit of Liability: 1 000 000 / $1,000,000 Retention Deductible: $5,000 Premium: $6,350.00 Endorsements / Exclusions: In accordance with our quote letter dated: January 9 2003 Conditions: None. Issuance of a policy is contingent upon receipt, review and acceptance of the ' aforementioned conditions AND upon receipt by D & O Concepts, Inc., of the premium due. As documentation or information is received in satisfaction of the aforementioned conditions, the 1 underwriter reserves the right to modify or rescind this temporary binder. Furthermore, this binder and any policy issued pursuant thereto, are subject to confirmation of no material change in the information provided in the insured's original application. ' If the requested information is not received, reviewed and approved by the binder expiration date, or if a material change in the original application information is revealed, then this binder, and any policy ' issued pursuant thereto, may become null and void Ab Initio. Extension or modification of any binder may only be made in writing by D &OC pts n . 1 By: David A. Ratner, President Dated: January 9, 2003 1 a = v A I G N ■ H r O of r W � r j w , f�, m O' 0 I �I W i 0 n n� w O O O O It, r a O L r ■ Irf F 1 'f I� i^ I m m a oN W .N. �d z 9 r v O. S� c ni r 0 .J W Q" U7 n 0 0 O 0 0 0 0 0 0 0 0 0 O C3 ru ru 0 0 C3 0 0 a- 0 0 Q C3 0 Er ru W Ir nJ 02 C3 4 0 0 0 O ru Q a rox o to w n o h e CL k - ro y O IL =- o m O 'D y m CL m A T ro m !!1 CL c 3 ro z Q cc m` 0 3 cr m O m O CD =r n Q. C p�j C ro z w n w 0 ID m0 0 n a m m �j? C C C l Z n V r N n N i I Z n f0 I /� s III 9 � N N �o w m m a oN W .N. �d z 9 r v O. S� c ni r 0 .J W Q" U7 n 0 0 O 0 0 0 0 0 0 0 0 0 O C3 ru ru 0 0 C3 0 0 a- 0 0 Q C3 0 Er ru W Ir nJ 02 C3 4 0 0 0 O ru Q a rox o to w n o h e CL k - ro y O IL =- o m O 'D y m CL m A T ro m !!1 CL c 3 ro z Q cc m` 0 3 cr m O m O CD =r n Q. C p�j C ro z w n w 0 ID m0 0 n a Ln rq I %-q O O M I er m -r rq N I N O O �n 0 C e� a 43 This Spwbwn Policy consists of the Declarations, Coverage Forms, Common Policy Conditions and any 48 other Forms and Endorsements issued to be a part of the Policy. This insurance is provided by the insurance KS company of The Hartford Insurance Group shown below. SBM INSURER: HARTFORD CASUALTY INSURANCE COMPANY HARTFORD PLAZA, HARTFORD, CT 06115 COMPANY CODE: 3 Policy Number. 21 SBM KS4843 DV m SPECTRUM POLICY DECLARATIONS ORIGINAL THE HARTFORD Named Insured and Mailing Address: SPECTRUM MUNICIPAL SERVICES, INC. (No., Street, Town, State, Zip Code) 224 DATURIA STREET #813 NORTH PALM BEACH FL 33408 Policy Period: From 10/10/02 To 10/10/03 1 YEAR 12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in Maine, Michigan, New Hampshire, North Carolina. Name of Agent/Broker: STANDARD LINES BROKERAGE /SCIC Code: 229071 Previous Policy Number: 21 SBM KS4843 Named Insured is: CORPORATION Audit Period: NON- AUDITABLE Type of Property Coverage: NONE dtsuranae Provided: In return for the payment of the premium and subject to all of the terms of this policy, we agree with you to provide insurance as stated in this policy. TOTAL ANNUAL PREMIUM IS: $615 FLORIDA FC SURCHARGE: $ .62 FL EMERG MGMT SURCH: $ 4.00 Countersigned by . Art -►-v� 08/12/02 Authorized Representative Date Form SS 00 02 11 93 T Printed in U.S.A. (NS) Page 001 ( CONTINUED ON NEXT PAGE) Process Date: 08/12/02 Poliev Expiration Date: 10/10/03 SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 21 SBM KS4843 Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location: 0 01 Building: 0 01 224 DATURIA ST., #813 WEST PALM BEACH FL 33408 Description of Business: FINANCIAL PLANNING CONSULTANTS Deductible: NO COVERAGE BUILDING AND BUSINESS PERSONAL PROPERTY BUILDING BUSINESS PERSONAL PROPERTY REPLACEMENT COST PERSONAL PROPERTY OF OTHERS REPLACEMENT COST N RM AMID BSCORITI398 INSIDE T= MEMO= ODTSID3 TES PREMISSB Form SS 00 02 1183 T Printed In U.S.A. (NS) LIMITS OF INSURANCE NO COVERAGE NO COVERAGE NO COVERAGE NO COVERAGE NO COVERAGE Page 002 (CONTINUED ON NEXT PAGE) 0 10 Ln M rA 0 rq 0 M d� co as N N 0 0 M e N SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 21 SBM KS4843 BUSINESS LIABILITY LIMITS OF INSURANCE LIABILITY AND MEDICAL EXPENSES $ 500,000 MEDICAL EXPENSES - ANY ONE PERSON $ 10,000 PERSONAL AND ADVERTISING INJURY $ 500,000 DAMAGES TO PREMISES RENTED TO YOU $ 300,000 ANY ONE PREMISES AGGREGATE LIMITS PRODUCTS - COMPLETED OPERATIONS $1,000,000 FORM SS 05 09 GENERAL AGGREGATE $1,000,000 EMPLOYMENT PRACTICES LIABILITY COVERAGE: FORM SS 09 01 EACH CLAIM LIMIT $ 51000 DEDUCTIBLE - EACH CLAIM LIMIT NOT APPLICABLE AGGREGATE LIMIT $ 51000 RETROACTIVE DATE: 10062000 This Employment Practices liability Coverage contains claims made coverage. Except as may be otherwise provided herein, specified coverages of this insurance are limited generally to liability for injuries for which claims are first made against the insured while the insurance is in force. Please read and review the insurance carefully and discuss the coverage with your Hartford Agent or Broker. The Irmits of Insurance stated in this Declarations will be reduced, and may be completely exhausted, by the payment of "defense expense" and, in such event, The Company will not be obligated to pay any further "defense expense" or sums which the insured is or may become legally obligated to pay as "damages". BUSXMSS LXABXL12Y OPTXONAL COVES 11ZRED /NON -0WN= AIM LIIIBZLZTY FORK: SS 04 38 Fonm SS 00 02 11 83 T Printed in U.S.A. (NS) $ 500,000 Psip003 (CONTINUED ON NEXT PAGE) SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 21 SBM X54843 Form Ntanbers of Forms and Endorsements that apply: SS 00 01 04 93 SS 00 05 06 96 SS 00 08 04 01 SS 01 67 06 96 SS 01 90 01 95 SS 04 38 06 01 SS 05 09 07 00 SS 05 12 03 92 SS 05 47 04 01 SS 09 42 07 99 Form 38 00 02 11 93 T Printed in U.SA (NS) Page 004 SS 01 58 03 98 IH 10 01 09 86 SS 09 01 09 00 Vi /G1 /VV &Q'VV CAA 7 /V#VY1(Vi Y V &&IV ACQRD- 121/ 3 i PROOUeacR THi3 CERTIFICATE 18 t8 MD AS A MATTER OF INFORM 17 N Db O Concepts, Inc. D West Mount Pleasant Avenue, P.O. Box 468 CNLY AND NO MGM UPON THE CERWICATE R HOLD19L THs CERTIFICATE DOES NOT ANIEKV, BUEN4 � Livingston, New Jersey 07039 COMPANIES AFFORDING C VEPACE Camp" A National Union Fire Insurance Co. WsURED COMPANY I 8 I Spectrum Municipal Services, Inc. COMPANY 224 Detura Street, Suite 813 C West Palm Beach, FL 33401 COMP„ r„ r D THIS IS TO CEFMFY THAT THE POLICIES OF wsuRANCE LISTED BELOW HAVE BUSH LSSUiD TO THE INSURED NAMED AEONS FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRIM sT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R@SP£CT TO WHICH THIS CERMCATS MAY BE ISSUED OR MAY PERTAIN. THE WSURANCE AFFORDED e Y THE POLICIES DESCRBIED HEREIN 15 SUBJECTTO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN (NAY HAVE 8M RBOUCM BY PAID CLAIMS. CO I LTR' TYPE OF INSURANCE POLICY NUMYER POUCY EFFECMB DATE PWOOAIY) ! 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Wet Palm Beach, Florida 35401 our FAAMW TO M M MM NOME OMM IMPOW NO ONUMMOM OR UABRIIY ANY KING UPON AOCN= ItME MA MM Attention: Mr. John A. Long 1111101 Pill In wuTH Z ZI'd3 06/02/03 16:11 FAX 9737581702 D 0 CONCEPTS VW ,r PllobeCE11 D 8R 0 Concepts, Inc. THIS CERTIFICATE Is ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 30 West Mount Pleasant Avenue, P.O.8ox 468 Livingston. New Jersey 07039 HOLD TM'THIS CERTIFICATE R FDOES SY THE AMP-NO EXTEND ow COMPAN S AFFORD MG COVeRAOE COMPAUT National Union Fire insurance Co. 1R:uRED COWRY 8 Spectrum Municipal Services, Inc. 224 Datura Street. Suite 813 COMPANY e West Palm Beach, FL 33401 MPW • 11111 b 111 11, 1 111111111111 alillp I =WW THIS IS TO CERTWY THAT 714E POLICES OF MURANCE LISTED BELCW HAVE BEEN KSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD moicATED. NOTWTTHS•TANDOG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIOATB MAY SE ISSUED OR MAY PERTAIN, THE INBURANCB AFFORDED BY THE PoLICRs DESCRIBED HEREIN is aLs ECT TO ALL THE TERMS. WO NS AND CONDMONS OF SUC14 POLICIES. UMITS SHOWN MAY HAVE SEEN R By PAID Ct t". VI NPEOPUWQRARCIR POUCYIN"eR DATE{M� M LWYA dt"a LLIASWTV 66HERALAOGREOATE $ PROOMTS•COMP/DPA= S CONMERCMLOENBRALUAEILITY C4 Aso NAM C:] OOCUR PERSONAL i ADV DUURY $ EACH OCCNMwx S OWNERS L COHTRAOTOR's PRO? me DAMAGE PAY me ft) S MEDEXP ww..e s AuiOMOWLEUA26JW ANV AUTO CONSINEOAMLHLUAIT S SCOLY INRIRY (Pero S ALLOWNED AUTOS SCHWULMA4M IP Put= s HURED ADTOS NON•OWNEDAUTOS PROPERTY OAMAOE _ ' CAMEUANUNY AUTQONLY.EAACCmENT S OTHER TMIW AUTO ONLY: .. . ANT AUTO SACK ACCIDENT AGGREGATE S QCSST UAORJTV EACIROOCURRENCE S f UUMEL1A FORM S OTHER THAN UMBRELLA FORM wOSKSRS COMPENEAYM" Alm • : c EMPLOYMI, UABIUTY f EL EACH ACGIDW THS Pmnla ;TON M(CL PARTH/ERCMWCUTWN EL DISEASE • POUCT LROT t SL DISEASE. FA EMPLOYEE S OPFN*RV ARE• EXCL OTHER Protesslonal Liability 721 -3543 01/13/200 01/13/2004 51.000,000 / $1,000,000 8MCNIPnorOFzH'Mn6M Aoc =xSfVRXcLftWK ALHTEns South Florida Water Management District 3301 Gun Club Road Jslld(E,R AMY OF THS ASOW OSUCREEO POLICIES S[ CAMOH• = SEPORB THE WMMOH PAT$ TIRSM THE 140IR1IG COMPANY WILL ENDEAVOR TO MAR West PaMi Beach, Florida 334062 GAYS WRf1TEI1 MGT= TO THE CERnFICAT6 MLOSR NAMED TD THE Lfff 9V1 FAILURE TO MAIL SUM HOME SHALL WPOSE NO OSUOAMU OR UAORM Attention; Ms. Marilyn ivory OF ANY RIND UPON IRPANY ITt+ AIiSNTe OR eSENTATIMliB AIR aWREPNWNTA � A u ! vci c.�i vv _to: vv rm 1!!.1 /.701 / VL D U VUI4t;br1'S 1NG 1j UUL /UUZ CORD FMOUCr,Tt D & 0 Concepts, Inc. 30 West Mount Pleasant Avenue, P,O, Box 468 Uwngston, New Jemey 07039 DATE( AIODIWWI 25/03 { THIS CERTIFICATE IS ISSUED AS A MATTER OF WORMAMON ONLY AND CONFERS NO RIGHTS UPON TW CgFMR ATE HOLDER. TM COMFICATE DOES NOT AMEND, EXTEND OR +► COMP IES ff-MING C0VrERAGE coMPAler ' A Ngffignal Union Fire InsUrance Co. D13URED Spectrum Municipal Services, Inc. 224 Datura Sbeet, Suite 813 West Palm Beach, FL 33401 � CoMPAWY a Compodw c COMPANY D TM IS TO CERTIFY THAT THE POUCMS OF INSURANCE LISTED BELOW HAVE BEGN MUM TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I40CATED, NOTWRHSTANOM ANY REQUIREEMMt TERM OR CONORION OFANY CONTPACT OR OTHER DOCUWNTWITH RESPEICTTO WHICH THIS CEAWWATE MAYBE ISSUED OR MAY PERTAIK TILE INSURANCE AFFORDED & Y THE POLICIES DESCRIBED HEMA IS SUBJECT TO ALL 7NE TERMS, B=UXION5 AND CONDMONS OF SUCH POLICIES. LMM SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS LM TYPE OfINSUPANCE MUCYNIffBM PoucYm"ECTIVe oArBCMwaQnn roLlmowRRATRDN 101tT1itMI1ADDAYY) UlwTs GENIERAL LIABILTf Y COMMERCIAL GENERAL tMILIN G(AW MARS' p 0 CCW1 OVWX '8 a CONTRACTOR'S PROT f 1 taENWM A64Re lw M I I W40UCM- CQWMPAM f PERSONAL SAW WAIRY I EACH CCGI►RZMrs Is FM DAMAOH (My on" I I "wow wn Qft v=► TS E AUTOMOBILE LIAMUTY ANYAUTO ALL OWNED AUTOS •, SCHEDULED AUTOS FIRED AUTOS S NON -OWNED AUTOS i I ` I GOMEINCD mtRGlF- tJl1AIT Is I ED4Y iN{URY ( 'L I i oLV M�tARV I «AEI I PROPERTYDAMAM ( I GARAGE LIABILITY ANYAUTO :J I i j ( I AUTO ONLY -EA ACCIDENT ! f QTHERTNANAUT O r. I r EAtHACGDERrr j s ADGREGAT6 { s f E- --7E���CESS LIABILITY UMBRELLA FORM OTHM THAN UIrE NUA FORM I INACH OCCUMMM Is _ _ Is t IWDRIQ�A'$ COIlElEIATROM AND aye := IANtliY RW.I. L EACH ACCIDENT I ��E:�Eo�E, 2 I OTHFA i professional Liability 721 -35-83 1113/2003 1/13/2004 51,000 ,000 ! S1,0001000 Solid Waste Authority of Patin Palm Beach County 7601 North Jog Road Wet Pape Beach, Florida 33412 Attention: Ms. Pamela Vann SHOULD ANY OP THE MOVE oESCRUED FOLICM OE CANGILL21) BEF011E TW EMRAT1ON DATE 'M°IeW• TAI: UWAM COMPAW """ ENDEAVOR To DAR. 39-- bXV5 twwrrEN NOTK:ETO THSCtR7 CATEHOLDERNAMTO TALE LEFT. BUT FAILURE TO VAL 3UGH NO= MAL MIN'OBE NO ONLICATKIN OR LIAEIUTY OF AUVY K D IROn THE COMP I US AGENTS OR R ATIVE9. AUTHqffl= RlfEPRUENTATiVE -�t/5 IM 0- RIM I /k,JUNJClJA- INC, APPENDIX C CERTIFICATE OF STATUS ',Jl11WClI'1"ll HN/INC11"ll CON�71[11'-'Wl,, I , I/l c- Il [ '/ 1 Mt Nc- IIAI .,_I;h INC APPENDIX D CITY'S PROPOSAL FORM ,lY 11VICII'.'1I IINANCUI I C( WN III T l NI:� PROPOSAL FORM In completing the informational questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual (� Corporation Of (or ieeS Partnership Other (Specify) Address c9 a 4 bcA u.y -c., Q+y- c c 59k," i;re g t 3 City State Zip Code 33 Ll D 1 Telephone Number 56( - S_Ao? - cR 59 Tax I. D. #69- Business Address BzQ2!4 Dc.' L„ i-kc 19 13 City 1�c , k 1�'k t., CC%CkA State _ Zip Code 3 3 (i 0 ( Organized Date Noyey&-Jocw- or?_(RS9 Proposer's Representative Title Proposed Total Fee to Provide Requested Services $ AS vcAliucd t� '&ec-! %o%. (o Cc^.') Prices set forth above are firm proposals and not subject to price adjustment except as defined in the General and Technical Specifications. Addenda Received: K5p to e- ATTEST Signature Title Date PROPOSER %A%A SignatA ^, l c.4A C% 0 \rc Arw— Title -mot �A y 7. 62003 Date CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 16, 2003 Meeting Date: August 7,200 Resolution: 133, 2003 Subject/Agenda Item: Resolution 133, 2003 — Consider approval of an agreement for the installation of traffic signal mast arms located on the northwest and southwest corners of the intersection of Military Trail and Burns Road between the City of Palm Beach Gardens and Vision 1 Homeowners Association, Inc. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $12,077.00 Council Action: Todd Engle, P (Total) Civil Engine City Attorn Community Services Department [ ] Approved $12,077.00 [ ]Approved w/ Current FY conditions Civil n ne [ ] Denied Advertised: Funding Source: [ ] Continued to: Finance Director Date: [ X ] Operating Attachments: Paper: [ ] Other Resolution 133, 2003 • Agreement, Exhibit A • Mast Arm Location Plan, Exhibit B • Irrigation and landscape proposal, Exhibit C Submitted by: [ ]Not Required Jack Doughney, Community Services Administrator Department Director Affected parties [ J Notified Budget Acct. #: 026- 0900 - 519.6300 ( ] None Approved by: City Ma ager [ ] Not required Date Prepared: July 16, 2003 Meeting Date: August 7, 200 Resolution: 133, 2003 BACKGROUND: Currently, Burns Road is being widened in an effort to alleviate traffic congestion within the City by providing an alternate east -west thoroughfare to PGA Blvd. Due to the City's desire to install mast arm traffic signals along the Burns Road corridor it was necessary to encroach onto the entrance to the Vision I development. The Vision I Homeowner's Association, Inc. has agreed to allow the city to install the mast arms within their common areas with the understanding that a landscape allowance of $7,077.00 would be provided to screen the base of the mast arms and an additional allowance of $5,000.00 for repair of the entrance wall that was damaged during the installation. The attached agreements recognizes the responsibilities of both the City and Vision I Homeowner's Association, Inc. as it pertains to the installation and maintenance of the mast arms, traffic signals, landscape, irrigation and entry monuments at the entrance to the Vision I community. STAFF RECOMMENDATION: Approve Resolution 133, 2003 authorizing the execution of an agreement for the installation and maintenance of the traffic signal mast arms located on the northwest and southwest corners of the intersection of Military Trail and Burns Road between the City of Palm Beach Gardens and Vision 1 Homeowners Association, Inc. 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 Date Prepared: July 21, 2003 RESOLUTION 133, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF MAST ARM TRAFFIC SIGNALS BETWEEN THE CITY OF PALM BEACH GARDENS AND VISION I HOMEOWNER'S ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has completed the construction of additional lanes of traffic on Burns Road; and WHEREAS, the City desires to install mast arm traffic signals along the Burns Road corridor which encroaches onto the entrance to the Vision I development; and WHEREAS, the Vision I Homeowner's Association, Inc. has agreed to allow the City to install the mast arm traffic signals within their common areas with the understanding that a landscape allowance of $7,077 would be provided to screen the base of the mast arm traffic signals and an additional allowance of $5,000 for repair of the entrance wall that will be damaged during the installation of the mast arm traffic signals; and WHEREAS, the City and the Vision I Homeowner's Association wish to enter into a contract for the installation and maintenance of such mast arm traffic signals; and WHEREAS, such agreement has been prepared and is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby accepts and approves the Agreement for the installation and maintenance of mast arm traffic signals between the City of Palm Beach Gardens and Vision I Homeowner's Association, Inc. and hereby authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall take effect immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Date Prepared: July 21, 2003 Resolution 133, 2003 PASSED AND ADOPTED this day of , 2003. ATTEST: An Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT G:\ attorney_share \RESOLUTIONS\siena oaks - traffic calming improvements agreement.doc 2 I vi Date Prepared: July 16, 2003 Meeting Date: August 7, 200 Resolution: 133, 2003 Exhibit A agreements recognizes the responsibilities of both the City and Vision I Homeowner's Association, Inc. AGREEMENT FOR INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNAL MAST ARMS THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "City "), and Vision I Homeowner's Association, Inc., a Florida non - profit corporation, whose address is 2704 Vision Drive, Palm Beach Gardens, Florida 33418 (hereinafter "Association "). WHEREAS, City has completed the construction of additional lanes of traffic on Burns Road, a City collector road located within its corporate limits, in order to increase the traffic capacity on Burns Road and thereby decrease the demand placed on other east -west thoroughfares within the City, notably PGA Boulevard (hereinafter "Project "); and WHEREAS, it is necessary for the City to install mast arm traffic signals along the Burns Road Corridor which encroach onto the entrance to the Vision I development as shown on Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, the Association has agreed to allow the City to install the mast arm traffic signals within their common areas with the understanding that a landscape allowance of $7,077.00 would be provided to screen the base of the mast arm traffic signals, as shown on Exhibit B attached hereto and incorporated herein by reference, and an additional allowance of $5,000.00 for repair of the entrance wall damaged during the installation of the mast arm traffic signals; and WHEREAS, in consideration of the construction and installation of these mast arm traffic signals, the Association has agreed to accept certain maintenance obligations with respect to such improvements; and WHEREAS, the City and the Association wish to enter into an agreement to specifically delineate the obligations of each and to bind their respective successors and assigns. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Association and the City agree as follows: ARTICLE 1. RECITALS. The recitals as set forth hereinabove are hereby deemed true and correct to the best of the knowledge of the parties hereto and are incorporated herein by this reference. ARTICLE 2. AUTHORITY FOR AGREEMENT. Each party does hereby acknowledge and agree that it has the lawful authority to enter into this Agreement for the purposes contained herein. ARTICLE 3. OBLIGATIONS OF THE CITY. A. The City shall install and maintain mast arm traffic signals within the easement area of the Vision I development, as depicted on Exhibit A, attached hereto and incorporated herein by reference. B. The City shall, within 10 days of receipt of the executed easement described in Section 4(A), provide the Association with a landscape, irrigation, and wall repair allowance in the amount of $12,077.00 to mitigate the damages associated with the installation of the mast arm traffic signals. ARTICLE 4. OBLIGATION OF THE ASSOCIATION. A. The Association shall, within 10 days of the execution of this Agreement, provide the City with an executed Easement (attached hereto as Exhibit C) for installation and maintenance of the mast arm traffic signals. B. The Association shall be solely responsible for the maintenance of all landscaping and irrigation improvements installed pursuant to this Agreement C. The Association shall be solely responsible for the repair and maintenance of all entry walls and monuments at the entrance to the Vision I development. ARTICLE 5. TERMINATION; AMENDMENT. Unless otherwise provided herein, this Agreement shall remain in full force and effect until it is terminated by the mutual written consent of both parties hereto. This Agreement shall only be amended pursuant to the written agreement or consent of both parties hereto. 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 mailed by registered or certified mail (postage prepaid), return receipt requested to the following addresses: As to City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager 2 with a copy to: Palm Beach Gardens City Attorney 10500 North Military Trail Palm Beach Gardens, Florida 33410 Palm Beach Gardens City Engineer 10500 North Military Trail Palm Beach Gardens, Florida 33410 As to the Association: Vision I Homeowner's Association, Inc. 2704 Vision Drive Palm Beach Gardens, Florida 33418 Attn: Registered Agent 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 successors and permitted assigns. D. Assignability. This Agreement may not be assigned without the prior written consent of both 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. In the event this Agreement is unenforceable or invalid for any reason, the parties hereto agree to take any action, including executing any amendments or addenda, required to make this Agreement binding and enforceable. F. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. 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. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. J. 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, the prevailing party shall be entitled to recover from the non - prevailing party the reasonable attorney's fees and costs incurred by such prevailing party, including all attorney's fees and costs incurred in any appeal. (The remainder of this page left intentionally blank) L, IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By 'Christine P. Tatum, City Attorney day of 2003. CITY: CITY OF PALM BEACH GARDENS, a Florida municipal corporation Eric Jablin, Mayor [SEAL] Executed by the Association this day of , 2003. ASSOCIATION: ATTEST: VISION I HOMEOWNERS ASSOCIATION, INC., a Florida non - profit corporation IN Secretary By:_ Name: Title: [CORPORATE SEAL] G: \attorney_share\AGREEMENTS \traffic signal mast arms agmt - vision 1 hoa.doc 5 EXHIBIT A 1j; U-1 LMrI rHLrl 4-1 1 1 rL- 1 MAINTENANCE AREA I i p D ' V I 1 10 +00 I BURNS ROAD SURVEY BASELINE BURNS ROAD CONSTRUCTION CENTERLINE 10 0 10 20 sms: I" = 20' 2003 LSFH Inc. 0 CONSULTING CIVIL ENGINEERS. Scale: 1"=20' PROJECT NAME: VISION ONE SURVEYORS & MAPPERS "Asrtrurs For Results, Sheet .1 Of 1 MAST —ARM LOCATIONS AT MICMARY TRAIL /BURNS ROAD 14C. Valve By Design" INTERSECTION 3550 S.W_ Corporate Parkwoy. Palm City, nor',do 34990 C°mputed: SNL pate FILE NO, Project No. (772) 285 -3883 rav: (772) 286 -3425 04/14/03 VisionOne.dw9 02 -4249 1100 & FAPF I u.. e. file• ai9 www_lem_�.., Checked: RAP t - — 10- EXISTING WALL (TYP) T 4 I r• 8 J \ I I I Y a ' I MAINTENANCE AREA 2 MILITARY TRAIL I RIGHT -OF -WAY LINE � I �I 1•--�— I o I m a I � I) I Maintenance areas for traffic signal Mast arm poles ¢¢but the Military Trail right- or-Avay. EXHIBIT J� A BURNS ROAD CONSTRUCTION CENTERLINE 10 0 10 20 sms: I" = 20' 2003 LSFH Inc. 0 CONSULTING CIVIL ENGINEERS. Scale: 1"=20' PROJECT NAME: VISION ONE SURVEYORS & MAPPERS "Asrtrurs For Results, Sheet .1 Of 1 MAST —ARM LOCATIONS AT MICMARY TRAIL /BURNS ROAD 14C. Valve By Design" INTERSECTION 3550 S.W_ Corporate Parkwoy. Palm City, nor',do 34990 C°mputed: SNL pate FILE NO, Project No. (772) 285 -3883 rav: (772) 286 -3425 04/14/03 VisionOne.dw9 02 -4249 1100 & FAPF I u.. e. file• ai9 www_lem_�.., Checked: RAP t - — N46 °41'34 "E 1.80 \ 0 N01 °33'11 "E 4.73 POINT OF BEGINNING MAINTENANCE AREA 1 S88 °26'49 "E 13.52 S88°26'49 "E 53.00 I° 14.80 I�S01 °33'11 "W � N88 °26'49 "W 6.00 10, I< o 0 I� v H O T LJJ a Z O = Q_ 0 F- z I-- w l U' W I WEST 1/2 SECTION 12 TOWNSHIP 42 SOUTH RANGE 42 EAST WALL POINT OF U (TYPICAL) BEGINNING J MAINTENANCE AREA 2 I � o wll CD I CD xw co N z POINT OF COMMENCEMENT -A w NORTH 1/4 CORNER, SECTION 12 PALM BEACH COUNTY BRASS DISK I� m .r7 z ry �IV) w m C~ BURNS ROAD ti N EAST LINE OF THE WEST 1/2 Z S88 °26'49 "E 4.30 V) NOTES Cn 1) THE EAST LINE OF THE WEST 1/2 OF ° SECTION 12 IS TAKEN TO BEAR SOUTH N88 °26'49 "W 53.00 01'33'11" WEST AND ALL OTHER BEARINGS N01' 3'11 "E SHOWN HEREON ARE RELATIVE THERETO. 6.b0 S01'33'1 1 "W E 6.00 >_ z I N88 °26'49 "W 4.30 © 2003 LBFH Inc. THIS IS NOT A SURVEY SURVEYOR AND MAPPER'--- SIGNATURE PROJECT NAME: 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF PALM BEACH GARDENS A FLORIDA LICENSED SURVEYOR AND MA °PER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY XND IS NOT VALID. SIGNAL POLE MAINTENANCE AREA 2. NO SEARCH OF liiE ?UBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. SKETCH AND DESCRIPTION - 04Z TED E. PHILLIPS, P OFESSI L SUIWEYOR & MAPPED STATE OF FLORRDA NO 593? b( CONSULTING CIVIL ENGINEERS, Scale: 1 "— 20' REVISIONS: SURYEYORE & MAPPERS "Partnners For Results, Sheet 1 Of 2 Field Book: N/A Page: N/A Field: N/A INC. Value By 1)esdg7." 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: TEP Date FILE NO. Project No. (772) 286 -3883 Fax: (772) 286 -3925 8/01/03 SIGNAL -POLE- BPR & FBPE License No: 959 www.lbfh.com Checked: LB ESMT.dwg 1 00 -4 1 0 7 j N46 °41'34 "E 1.80 \ 0 N01 °33'11 "E 4.73 POINT OF BEGINNING MAINTENANCE AREA 1 S88 °26'49 "E 13.52 S88°26'49 "E 53.00 I° 14.80 I�S01 °33'11 "W � N88 °26'49 "W 6.00 10, I< o 0 I� v H O T LJJ a Z O = Q_ 0 F- z I-- w l U' W I WEST 1/2 SECTION 12 TOWNSHIP 42 SOUTH RANGE 42 EAST WALL POINT OF U (TYPICAL) BEGINNING J MAINTENANCE AREA 2 I � o wll CD I CD xw co N z POINT OF COMMENCEMENT -A w NORTH 1/4 CORNER, SECTION 12 PALM BEACH COUNTY BRASS DISK I� m .r7 z ry �IV) w m C~ BURNS ROAD ti N EAST LINE OF THE WEST 1/2 Z S88 °26'49 "E 4.30 V) NOTES Cn 1) THE EAST LINE OF THE WEST 1/2 OF ° SECTION 12 IS TAKEN TO BEAR SOUTH N88 °26'49 "W 53.00 01'33'11" WEST AND ALL OTHER BEARINGS N01' 3'11 "E SHOWN HEREON ARE RELATIVE THERETO. 6.b0 S01'33'1 1 "W E 6.00 >_ z I N88 °26'49 "W 4.30 © 2003 LBFH Inc. THIS IS NOT A SURVEY SURVEYOR AND MAPPER'--- SIGNATURE PROJECT NAME: 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF PALM BEACH GARDENS A FLORIDA LICENSED SURVEYOR AND MA °PER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY XND IS NOT VALID. SIGNAL POLE MAINTENANCE AREA 2. NO SEARCH OF liiE ?UBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. SKETCH AND DESCRIPTION - 04Z TED E. PHILLIPS, P OFESSI L SUIWEYOR & MAPPED STATE OF FLORRDA NO 593? b( CONSULTING CIVIL ENGINEERS, Scale: 1 "— 20' REVISIONS: SURYEYORE & MAPPERS "Partnners For Results, Sheet 1 Of 2 Field Book: N/A Page: N/A Field: N/A INC. Value By 1)esdg7." 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: TEP Date FILE NO. Project No. (772) 286 -3883 Fax: (772) 286 -3925 8/01/03 SIGNAL -POLE- BPR & FBPE License No: 959 www.lbfh.com Checked: LB ESMT.dwg 1 00 -4 1 0 7 DESCRIPTION MAINTENANCE AREA 1 BEING A PARCEL OF LAND LYING WITHIN THE WEST ONE —HALF (1/2) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST AND WITHIN THE PLAT OF VISION 1, AS RECORDED IN PLAT BOOK 35, PAGE 60 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A PALM BEACH COUNTY BRASS DISK MARKING THE NORTH ONE— QUARTER (1/4) CORNER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, THENCE SOUTH 01 °33'11" WEST ALONG THE EAST LINE OF THE WEST ONE —HALF (1/2) OF SAID SECTION 12 A DISTANCE OF 2631.00 FEET; THENCE NORTH 88 °26'49" WEST DEPARTING SAID EAST LINE, A DISTANCE OF 53.00 FEET TO A POINT ON THE WEST RIGHT —OF —WAY LINE OF MILITARY TRAIL (RIGHT —OF —WAY WIDTH VARIES) AS NOW LAID OUT AND IN USE, AND THE POINT OF BEGINNING; THENCE SOUTH 01 °33'11" WEST ALONG SAID RIGHT —OF —WAY LINE A DISTANCE OF 6.00 FEET; THENCE NORTH 88 °26'49" WEST DEPARTING SAID WEST LINE A DISTANCE OF 14.80 FEET; THENCE NORTH 01 °33'11" EAST A DISTANCE OF 4.73 FEET; THENCE NORTH 46 °41'34" EAST A DISTANCE OF 1.80 FEET; THENCE SOUTH 88 °26'49" EAST A DISTANCE OF 13.52 FEET TO A POINT ON SAID WEST RIGHT —OF —WAY LINE, AND THE POINT OF BEGINNING. CONTAINING 88 SQUARE FEET, MORE OR LESS. DESCRIPTION MAINTENANCE AREA 2 BEING A PARCEL OF LAND LYING WITHIN THE WEST ONE —HALF (1/2) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST AND WITHIN THE PLAT OF VISION 1, AS RECORDED IN PLAT BOOK 35, PAGE 60 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A PALM BEACH COUNTY BRASS DISK MARKING THE NORTH 0 ONE— QUARTER (1/4) CORNER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, THENCE SOUTH 01 °33'11" WEST ALONG THE EAST LINE OF THE WEST ONE —HALF (1/2) OF SAID SECTION 12 A DISTANCE OF 2717.51 FEET; THENCE NORTH 88 °26'49" WEST DEPARTING SAID EAST LINE, A DISTANCE OF 53.00 FEET TO A POINT ON THE WEST RIGHT —OF —WAY LINE OF MILITARY TRAIL (RIGHT —OF —WAY WIDTH VARIES) AS NOW LAID OUT AND IN USE, AND THE POINT OF BEGINNING; THENCE SOUTH 01 °33'11" WEST ALONG SAID RIGHT —OF —WAY LINE A DISTANCE OF 6.00 FEET; THENCE NORTH 88'26'49" WEST DEPARTING SAID WEST LINE A DISTANCE OF 4.30 Z FEET; THENCE NORTH 01 °33'11" EAST A DISTANCE OF 6.00 FEET; THENCE SOUTH 88 °26'49" EAST A DISTANCE OF 4.30 FEET TO A POINT ON SAID WEST RIGHT —OF —WAY LINE, AND THE POINT OF BEGINNING. 0 a CONTAINING 25.8 SQUARE FEET, MORE OR LESS. 0 E 0 z o+ I2 �c 2003 LBFH Inc. 0 CONSULTING CIVIL ENGINEERS, Scale: N/A PROJECT NAME: PALM BEACH GARDENS SURVEYORS & MAPPERS SIGNAL POLE MAINTENANCE AREA "Partners For Results, Sheet 2 Of 2 SKETCH AND DESCRIPTION INC. Value By Design" 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: TEP Date FILE NO. Project No. (772) 286 -3883 Fax: (772) 286 -3925 8/01/03 SIGNAL —POLE— 00-4107 BPR & FBPE License No: 959 www.lbfh.com Checked: LB ESMT.dwg EXHIBIT B FROM : PAT MARINO )�5M P_-h7 K41 T2F'C z v�` A � MAY 9' "01 FAX NO. : 5616229387 Ma 22 2003 09:10AM Piii LL.4 t K� Mill (•rl)'sw tP.4A_ It I -t J - CARSWELL 1,ANoSCAPE & MAINTENANCE, INC. �-' P.O. Box 14603 • North Palm Beacft. FL 33409 iL'k Td 010 ff. (S61) 627 -9306 F,, Co 2 1 f 7 !v O We hereby stl0rrllt specthcalk" and *WimAWS for: &y I," _ ^e � We Propose hereby to furnish material and labor — complete in accordance with above Specifications, for the Sum of: dollars ($ �7 1• Payment to ce made as 10—r: Ag maWio le guatanomo to be as epedled. An wort to be ppmpleted in a workmaNike Authorged manner accor&v to sw4am Pry- " s4erawn or oewadon from above :pecuxmiam $igfrature kvoWwq extra costa will be mat-Md orgy upon written orders. and wit b6mine on extra d-V over ano above the "fintate. Al agreements catl6tgsnt upon Strikes, accidents or Note- This proposal malt be ogbya beyond out control. owmr a tarry ale. tonuoo and other necessary fitwance- Our H4 W"r% by us it rwt excepted within days• workers are tvey covered by WOrtmans Compere *m Insurarroe. Acceptance of Proposal -no, aoove pticea. specricatiens and conditions ate satisfactory and are hereby accepted. You are authorized to do the Signature work as Specified, Payment Will be made as outtired above - Signature Date of Acceptance: A 533`� T We Propose hereby to furnish material and labor — complete in accordance with above Specifications, for the Sum of: dollars ($ �7 1• Payment to ce made as 10—r: Ag maWio le guatanomo to be as epedled. An wort to be ppmpleted in a workmaNike Authorged manner accor&v to sw4am Pry- " s4erawn or oewadon from above :pecuxmiam $igfrature kvoWwq extra costa will be mat-Md orgy upon written orders. and wit b6mine on extra d-V over ano above the "fintate. Al agreements catl6tgsnt upon Strikes, accidents or Note- This proposal malt be ogbya beyond out control. owmr a tarry ale. tonuoo and other necessary fitwance- Our H4 W"r% by us it rwt excepted within days• workers are tvey covered by WOrtmans Compere *m Insurarroe. Acceptance of Proposal -no, aoove pticea. specricatiens and conditions ate satisfactory and are hereby accepted. You are authorized to do the Signature work as Specified, Payment Will be made as outtired above - Signature Date of Acceptance: EXHIBIT C FASFMFNT THIS EASEMENT is executed this day of , 2003, by the Vision I Homeowner's Association, Inc., a Florida non - profit corporation with offices at 2704 Vision Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as the "GRANTOR "), and the City of Palm Beach Gardens with offices at 10500 North Military Trail, Florida 33410 (hereinafter referred to as "GRANTEE "). WITNESSETH: GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, as well as for the undertakings by the GRANTEE as hereinafter provided, the receipt and sufficiency of which is hereby acknowledged, has and by these presents does hereby grant and convey to GRANTEE an easement for the purposes of installing mast arm traffic signals on, in, over, and under the following described real property attached hereto and incorporated herein as Exhibit "A ". Said easement shall be used by GRANTEE for the installation, operation, and maintenance of mast arm traffic signals in the easement area. The GRANTOR, its successors and assigns may install landscaping to screen the base of the mast arm traffic signal subject to approval of the City Engineer. The GRANTOR, its successors, and assigns shall be responsible for maintaining all landscaping within the easement without recourse to the GRANTEE. The cost incurred for said installation shall be borne solely by the GRANTEE with no expense whatsoever to GRANTOR. This Easement shall be binding upon and shall inure to the benefit of the respective parties, their successors or assigns, and grantees. This Easement shall be governed by the laws of the State of Florida as now and hereafter in force. IN WITNESS WHEREOF, the undersigned has signed and sealed this document on the day and year first above written. Signed, sealed and delivered in the presence of: Witnesses: Vision I Homeowner's Association, Inc. a Florida Non - Profit Corporation , its President STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledge before me this day of 2003, by as of who is personally known to me or who has produced as identification, and who did /did not take an oath. Notary Public, State of Florida Print Name: G: \attorney_share\AGREEMENTS \Easement - VISION 1 HOA TO PBG -.doc Date Prepared: July 16, 2003 Meeting Date: August 7, 200 Resolution: 133, 2003 Exhibit B Mast Arm Locations at the Military Trail and Burns Road Intersection i$ �1 ji `MAINTENANCE 4 Sr ( I AREA I I �, I O 10 +00 BURNS ROAD SURVEY BASELINE � I i 10 0jD g EXISTING 00 D N WALL (TYP) 6 D z I 8 � I MAINTENANCE AREA 2 P -A C IµI MILITARY TRAIL I I RIGHT -OF -WAY LINE U I / I m o , II Maintenance areas for traffic signal mast arm poles Abut the EXHIBIT A Military Trail right -oi'- ay. BURNS ROAD CONSTRUCTION CENTERLINE 10 0 10 20 SCALE: I" = 20' a @2003 LSFH Inc. 0 CONSULTING CIVIL ENGINEERS. Scale: 1"=20' PROJECT NAME: VISION ONE SURVEYORS a MAPPERS MAST —ARM LOCAYtONS AT MILITARY TRAIL / 9URNS ROAD "PAartners For Re"dtw, Sheet .1 Of 1 INTERSECTION IN vacua By Design•- 3550 S.W. Corporate Parkwoy. Palm City. florido 34990 Computed: SNL Dote FILE NO, Project No. (772) 286 -3883 Fax: (772) 286 -3925 04/14/03 VisionOne.dwg 02 -4249 APR & FSPE license No: 959 www.lbfh.com Checked: RAP Date Prepared: July 16, 2003 Meeting Date: August 7, 200 Resolution: 133, 2003 Exhibit C Irrigation and Landscape Proposal FROM : PAT MARINO FAX NO. : 5616229367 e7Y7 K11 ' I vliIL) f 1'>�(� t K&4 & PROPOSAL MAY We hereby submu specifications and eslimates for: CCARSWELL LANDSCAPE do MAINTENANCE, INC. P.O. Box 14603 • North Palm Beach, FL 33408 (S61) 627 -9306 per„ 22 2003 09:10AM P1 /1 M T'd loo E. Fa. 1C e- & 2 q - zf 'i & o r• 1 Y11 /(rr{ A�x7 1{ y r I t4l A mow ,,., 0.F 3 eel (rc ZD I ?v We Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum Of: dollars ($ 2o ?7 )• Payment to be made as follows: Ali material Is guarantstd to be as specified. An work to be completed in a workmanlike manner according to Standard practices. Any afteraW or deviation from above speelt"Wns 6lvotving attra Costs will be sineAod ony upon written orders, and win titmme an exim charge over ono above he aafimate. AO agreements contingent upon Strikes, mmidenls or map beyond our control. Owner to carry tiro. tornado and other necessary inswanes. Our workers are tvny covered by Workman's Compensation Insurance. Authorized Signature (Vote: This proposal may be withdrawn by us it not accepted wttfrn days. Acceptance of proposal --The above prices. soeciticatiens and conditions are satisfactory and are hereby accepted. You are authorized to do the Signature work as specified. Payment will be made as outlined above. Data of Acceptance: — Signature CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 7, 2003 Meeting Date: August 7, 2003 Ordinance: 20, 2003 Subject /Agenda Item: Second Reading and Public Hearing: Architectural Design Guidelines for Non - Residential Development A City- initiated request to amend the Land Development Regulations and to adopt a new section 78- 192 "Architectural Design Guidelines for Non - Residential Development." [ X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council: Growth Management: [ ] Approved Principal Planner NA Costs: $ N/A [ ] App. w/ conditions Talal Benothman, CP Project Total [ ] Denied City Attorney Manager � [ ] Rec. approval Christine Tatum Charles Wu, AICP $ N/A [ ] Rec. app. w/ conds. Development Compliance Current FY [ ] Rec. Denial NA [ ] Continued to: Bahareh K. Wolfs, AICP Funding Source: Growt a me g [ ]Operating Advertised: Attachments: Direct Date: July 24, 2003 [ X ] OtherN /A • Ord. 20, 2003 Charles K. Wu, AICP Paper: Palm Beach Post • Res. 100, 2003 • June 21, 2001 Joint [ ] Not Required Budget Acct. #: Workshop Minutes Approved bK,17s : M. ffected parties: [ ] Notified [ ] None Ci M ager [ X] Not Required BACKGROUND On June 21, 2001, the City Council held a joint workshop with the Planning and Zoning Commission to discuss the direction on the drafting of design guidelines. At the time, the City had employed the services of Gladding, Jackson, et al. to draft design guidelines for the PGA Corridor. Date Prepared: June 16, 2003 Meeting Date: August 7, 2003 Ordinance 20, 2003 Page 2 of 2 Upon further discussion at the joint workshop, the City Council agreed the following: (1) To allow a subcommittee of the Planning and Zoning Commission (P &Z) to further discuss the design guidelines; (2) To apply the design guidelines city -wide for non - residential developments and not only to the PGA Corridor; and (3) To approach the design guidelines as advisory and not regulatory so as not to limit creativity. The Design Guidelines Subcommittee comprised of Commissioners John Glidden, David Kendall (who has since resigned), Joel Channing and Craig Kunkle, Jr. After the course of two years and dozens of meetings, the P &Z recommended approval of the proposed design guidelines on May 13, 2003. On June 10, 2003, the P&Z recommended approval to an amendment to the Land Development Regulations (LDRs) that cites the design guidelines as a reference tool for all non - residential development within the city. Ordinance 20, 2003 is an amendment to the LDRs that cites the design guidelines as a. reference tool for the site, landscape and elevation plans for non - residential developments in the city. While the design guidelines are a reference document, the staff will strongly encourage all applicants and developers to follow its intent and spirit in their development plans. It should be aware that, as drafted, the guidelines are not a tool or means to deny any development plans since they are not regulations in nature. At its meeting of July 3, 2003, the City Council approved without changes Resolution 100, 2003, which approved said design guidelines as the official document for non - residential development within the City. The City Council also approved on first reading Ordinance 20, 2003. 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 Date Prepared: June 2, 2003 ORDINANCE 20, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO ARCHITECTURAL DESIGN GUIDELINES FOR NON - RESIDENTIAL DEVELOPMENT; CREATING A NEW SECTION 78 -192, CODE OF ORDINANCES TO BE ENTITLED "ARCHITECTURAL DESIGN GUIDELINES FOR NON - RESIDENTIAL DEVELOPMENT "; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, architectural design guidelines play an important role in establishing and maintaining high standards of design and aesthetics for future growth, development, and redevelopment; and WHEREAS, the Planning and Zoning Commission convened a subcommittee that met in 2001 and 2002 to assist in drafting said guidelines; and WHEREAS, on May 13, 2003, the Planning and Zoning Commission reviewed said guidelines and recommended its passage; and WHEREAS, on June 10, 2003, the Planning and Zoning Commission, the duly constituted Land Development Regulations Commission for the City, conducted a public hearing and recommended approval and adoption of the subject amendment to the City's Land Development Regulations related to architectural design guidelines for non- residential development; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. A new Section 78 -192, Code of Ordinances entitled "Design Guidelines for Non - Residential Development" is created to read: 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 Date Prepared: June 2, 2003 Ordinance 20, 2003 Section 78 -192. Design Guidelines for Non - Residential Development (a) Purpose and intent. Architectural design guidelines for non - residential development have been developed in order to communicate the City's desire to establish and maintain high standards of design and aesthetics for future growth, development, and redevelopment within the City. The guidelines are not intended to direct architects and developers towards specific design solutions, especially those that are depicted as illustrative examples within this document. While these guidelines are advisory, it is the City's desire to strongly encourage all development and redevelopment projects to use them as a reference in all site, landscape, and elevation plans. (b) Adoption of guidelines The City Council shall, by resolution, adopt the architectural guidelines for non - residential development. (c) Scope, applicability, and effect. The adopted guidelines shall apply to all non- residential development or redevelopment proposed throughout the City of Palm Beach Gardens. For the areas within the PGA Boulevard Overlay Corridor and Northlake Boulevard Overlay Zone, the guidelines shall apply to the maximum extent possible where there is no conflict. Whenever a conflict exists, the applicable overlay zone applies. For purposes of this section, non - residential development shall be construed to mean any building that is not intended as full -time, year -round living quarters. Non - residential development shall include the following: a. Retail b. Office c. Industrial d. Civic e. Institutional f. Recreational g. Hotel h. Performing facility i. Movie theatre j. Hospital (d) Existing approvals. Existing development and approvals granted prior to the effective date of these Design Guidelines are not subject to these guidelines. However, any substantial changes to previous approvals, redevelopment, or development approvals which have been granted time extensions for a previously- approved development plan or the continuation of a partially - developed development plan are encouraged to conform to these guidelines to the extent feasible. SECTION 3. Codification of this Ordinance is hereby authorized and directed. 2 Date Prepared: June 2, 2003 Ordinance 20, 2003 1 SECTION 4. This Ordinance shall become effective immediately upon adoption. 2 3 4 PASSED this day of 5 6 PASSED AND ADOPTED this 7 and final reading. 8 9 10 CITY OF PALM BEACH GARDENS 11 12 BY: 13 Eric Jablin, Mayor 14 15 16 Carl Sabatello, Vice Mayor 17 18 19 David Clark, Councilmember 20 21 22 Joseph Russo, Councilmember 23 24 25 Annie Marie Delgado, Councilmember 26 27 28 ATTEST: 29 30 31 BY: 32 Patricia Snider, City Clerk 33 34 APPROVED AS TO FORM AND 35 LEGAL SUFFICIENCY 36 37 38 BY: 39 Christine P. Tatum, City Attorney 40 41 42 43 44 45 G: \attorney_share \ORDINANCES \design guidelines.doc 2003, upon first reading. day of , 2003, upon second 3 FOR AGAINST ABSENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: June 16, 2003 RESOLUTION 100, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING ARCHITECTURAL DESIGN GUIDELINES FOR NON - RESIDENTIAL DEVELOPMENT WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, architectural design guidelines play an important role in establishing and maintaining high standards of design and aesthetics for future growth, development and redevelopment; and WHEREAS, the Planning and Zoning Commission convened a subcommittee that met in 2001 and 2002 to assist in drafting said guidelines; and WHEREAS, on May 13, 2003, the Planning and Zoning Commission reviewed said guidelines and recommended passage; and WHEREAS, Ordinance 20, 2003 authorizes the Council to adopt architectural guidelines by resolution; and WHEREAS, the City Council has determined the adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby adopts "City of Palm Beach Gardens, Design Guidelines for Non - Residential Development," a copy of which is attached hereto as Exhibit A. SECTION 3. This Resolution shall become effective upon adoption of Ordinance 20, 2003. (The remainder of this page left intentionally blank) Date Prepared: June 2, 2003 Resolution 100, 2003 1 PASSED AND ADOPTED this 3.14 day of � , 2003. 2 3 4 CITY OF ACH 6 7 BY: 8 Ed Iii 9 10 ATTEST: 11 12 13 14 BY: 15 Patricia Snider, City Clerk 16 17 18 19 APPROVED AS TO FORM AND 20 LEGAL SUFFICIENCY 21 22 23 ,z24 BYZ3 � 25 Christine P. Tatum, City Attorney 26 27 28 29 30 VOTE: AYE NAY ABSENT 31 32 MAYOR JABLIN ✓ 33 34 VICE MAYOR SABATELLO ✓ _ 35 36 COUNCILMEMBER CLARK r _ 37 38 COUNCILMEMBER RUSSO _ 39 40 COUNCILMEMBER DELGADO ✓ _ 41 42 43 44 45 46 47 G:lattomey_ share \RESOLUTIONS\designguidelines reso 100 2003.doc 2 GARDENS, FLORIDA June 18, 2003 EXHIBIT A City of Palm Beach Gardens Design Guidelines For Non - Residential Development Growth Management Department Planning and Zoning Division June 18, 2003 Table of Contents (a) GENERAL PROVISIONS ................................................................................................... ............................... 1 (1) Purpose and intent .......................................................................................................... ............................... 1 a. Building design principles ....................................................................................... ............................... I b. Site design principles .............................................................................................. ............................... 2 (2) Scope, applicability and effects ...................................................................................... ............................... 3 (3) Existing approvals .......................................................................................................... ............................... 3 (b) ARCHITECTURAL DESIGN ............................................................................................. ..............................4 (1) Building design elements ................................................................................................ ..............................4 a. Fagade /wall height transition .................................................................................. ............................... 4 b. Design treatments .................................................................................................... ............................... 4 c. Building elevations .................................................................................................. ............................... 4 d. Preferred building exterior wall finishes ................................................................ ............................... 4 e. Identical or substantially similar buildings .............................................................. ............................... 5 f. Trademark forms and colors ................................................................................... ............................... 5 g. Customer entrance standards ................................................................................... ............................... 5 h. Mechanical equipment screening ............................................................................. ..............................6 i. Gutters and down spouts ......................................................................................... ............................... 6 j. Service and storage yards, loading docks ................................................................. ..............................6 k. Shopping carts .......................................................................................................... ..............................6 1. Mailboxes ................................................................................................................. ..............................6 m. Satellite dishes ......................................................................................................... ............................... 6 n. Telephones, vending machines, newspaper racks, etc ............................................. ............................... 6 o. Underground utilities .............................................................................................. ............................... 7 p. Accessory structures ................................................................................................. ..............................7 (2) Preferred roof styles ....................................................................................................... ............................... 7 a. Mansard roofs ......................................................................................................... ............................... 7 b. Roof treatments ....................................................................................................... ............................... 7 (3) Preferred roof materials for sloped roof areas ................................................................. ..............................7 a. Preferred roof materials for pitched roofs ............................................................... ............................... 7 b. Discouraged roof materials for pitched roofs .......................................................... ............................... 7 (4) Building colors ................................................................................................................ ..............................7 (c) SITE DESIGN ........................................................................................................................ ..............................8 (1) Building orientation ......................................................................................................... ..............................8 (2) Corner lots ....................................................................................................................... ..............................8 (3) Parking ............................................................................................................................ ..............................8 a. Pedestrian circulation in parking facilities ............................................................... ..............................8 b. Loading facilities ...................................................................................................... ..............................8 c. Wheel stops .............................................................................................................. ..............................9 (4) Pedestrian amenities ........................................................................................................ ..............................9 a. Plazas ....................................................................................................................... ..............................9 b. Width and materials ................................................................................................. ..............................9 c. AASHTO consistency .............................................................................................. ..............................9 d. Discouraged elements .............................................................................................. ..............................9 (5) Land Use Principles ........................................................................................................ ..............................9 (d) SIGNAGE .............................................................................................................................. .............................10 (1) Preferred Sign Types ...................................................................................................... .............................10 a. Wall Signs ............................................................................................................... .............................10 b. Monument Signs ..................................................................................................... .............................10 c. Sign Composition .................................................................................................. ............................... 10 (2) Discouraged Sign Types ............................................................................................... ............................... 11 a. Wall Signs ............................................................................................................. ............................... 11 b. Monument Signs ..................................................................................................... .............................11 (3) Miscellaneous ................................................................................................................. .............................13 (e) ROADWAY DETAILS ....................................................................................................... ............................... 13 (f) LIGHTING ............................................................................................................................ .............................13 June 18, 2003 (a) GENERAL PROVISIONS (1) Purpose and intent Architectural design guidelines for non - residential development have been developed in order to communicate the City's desire to establish and maintain high standards of design and aesthetics for future growth, development and redevelopment within the City. The guidelines are not intended to direct architects and developers towards specific design solutions, especially those that are depicted as illustrative examples within this document. The illustrative examples are meant to assist the public in interpreting the general intent of the language with which they are associated. It is the City's desire that design professionals use these communication tools to assist them in formulating creative and innovative solutions for project designs, and not to convert these images into a specific design for new and/or remodeled projects. More specifically, the design of each project should integrate principles and concepts derived from these guidelines into solutions, which respond to the special and unique opportunities and constraints that accompany each building type and site. It is also the City's intent to have these guidelines applied in an appropriate manner, dependant upon the type and location of each project. Clearly, the City comprises many different areas — each with a different degree of public importance and visibility. In that regard, many of the more extensive design components and planning principles may more clearly apply to urban, high - visibility locations, such as PGA Boulevard. On the other end of the spectrum, there may be a lesser application of certain design components and principles in less visible locations, such as industrial parks, etc. And likewise, there will be many other locations in the City, which are important yet not highly visible properties, and the design guidelines will apply to them in an appropriate manner. It is the intent of this document to establish this gradation of design applicability, allowing the Growth Management Staff, the Planning and Zoning Commission and the City Council to apply the appropriate degree of applicability in their review of each project's design features. a. Building design principles 1. Buildings shall have architectural features and patterns that provide visual interest. Facades shall be designed to reduce the mass /scale. Building wall offsets, including projections, recesses and changes in floor level shall be used to add architectural interest and variety, and to relieve the visual effect of blank walls or large areas of relatively plain appearance. 2. Exterior public and semi- public spaces, such as courtyards and plazas, shall be designed to enhance the surrounding buildings and to provide community amenities, such as lakes, benches, trellises, gazebos and fountains. 3. Buildings at street corners shall be considered significant structures and shall be designed with architectural features, such as corner towers and features that interact in a complementary manner with the corner. 4. Building facades shall be designed to be harmonious with their surroundings. This should not be construed as creating look -alike buildings. Harmony shall be achieved through the use of scale, proportions, form, materials, texture, and color. 5. Buildings shall relate to streets and public spaces by providing an ordered variety of entries, windows, bays, and balconies along public ways. Ground floors should have a high degree of transparency to encourage interaction between sidewalk activity and uses within the building. Buildings shall have human scale in details and massing. The implementation of this guideline may take into consideration the specific use and function of the building. The design character of buildings shall avoid cluttered forms that have no apparent system of organization. City of Palm Beach Gardens Design Guidelines b. June 18, 2003 6. Building exteriors should provide shelter from the summer sun, where appropriate. Porticos, awnings, arcades, and overhanging eaves are particularly appropriate at pedestrian walkways adjacent to the building. Building massing and changing roof forms shall be used to emphasize the location of building entries. For example, greater height can be used to accentuate entries in the form of tower elements, tall voids, or a central building mass. 8. Buildings or structures that are part of an unbuilt phase shall have character and design compatible with the positive design features of existing buildings to the maximum extent feasible. Existing buildings should be improved, when appropriate, to make the entire project design in keeping with the design guidelines. (See Figure a -1, Building Transition) Buildings shall reflect a continuity of treatment. Examples of this include, but are not limited to, the following: (i) Maintaining the building scale or by gradual changes in form; Unity of Character New R tiff R Building Y L L u ■■ i■ ■■ ALL u u Preferred t`St Exc. ing Buildings R R �� •� �� u u u u ui N n L Y 'ui IMI le & Rehrionship to Adjacent Structure(s) Lisa of Stepped Massing of New Buildings Discouraged `No Relationship to Adjacent PAassing & Structure Building Transition Fig. a -1 (ii) Maintaining front yard setbacks at the build -to line, (iii) Maintaining horizontal base courses; (iv) Extending the horizontal line of fenestration; and/or (v) Echoing architectural styles and details, design themes, building materials and colors found in surrounding buildings. (See Figure a -1, Building Transition) Site design principles Sites shall be designed to contribute to pedestrian - friendly gathering spaces through the provision of well - designed walking paths, pedestrian spaces with furnishings, public art, generous plantings, marked crosswalks, and vehicular parking and circulation areas clearly separated from such pedestrian amenities. Pedestrian circulation systems shall include gathering /sitting areas that provide for benches, landscaping and other street furniture. Pedestrian walkways shall connect all buildings within a site with major perimeter public sidewalks and all on -site vehicular parking areas. 2. Streets and other public outdoor spaces shall be functional, attractive and designed to enhance and encourage the pedestrian's usage. Development shall be designed to achieve a balanced transportation system that invites pedestrians, bicyclists and transit riders, as well as motor vehicles. Cite of Palm Beach Gardens Design Guidelines ■ j ■ 3.,ilcin5 "IM 0 ONION ■ ■ R 8 n ■■ ■r n u u u a nuur m W Discouraged `No Relationship to Adjacent PAassing & Structure Building Transition Fig. a -1 (ii) Maintaining front yard setbacks at the build -to line, (iii) Maintaining horizontal base courses; (iv) Extending the horizontal line of fenestration; and/or (v) Echoing architectural styles and details, design themes, building materials and colors found in surrounding buildings. (See Figure a -1, Building Transition) Site design principles Sites shall be designed to contribute to pedestrian - friendly gathering spaces through the provision of well - designed walking paths, pedestrian spaces with furnishings, public art, generous plantings, marked crosswalks, and vehicular parking and circulation areas clearly separated from such pedestrian amenities. Pedestrian circulation systems shall include gathering /sitting areas that provide for benches, landscaping and other street furniture. Pedestrian walkways shall connect all buildings within a site with major perimeter public sidewalks and all on -site vehicular parking areas. 2. Streets and other public outdoor spaces shall be functional, attractive and designed to enhance and encourage the pedestrian's usage. Development shall be designed to achieve a balanced transportation system that invites pedestrians, bicyclists and transit riders, as well as motor vehicles. Cite of Palm Beach Gardens Design Guidelines June 18, 2003 Landscaping shall be designed to frame major architectural features and primary public spaces, and to provide shade and enhance the pedestrian environment. (2) Scope, applicability and effect The adopted guidelines shall apply to all non - residential development or redevelopment proposed throughout the City of Palm Beach Gardens. For the areas within the PGA Boulevard Overlay Corridor and Northlake Boulevard Overlay Zone, the guidelines shall apply to the maximum extent possible where there is no conflict. Whenever a conflict exists, the applicable overlay zone applies. Non - residential development shall be construed to mean any building that is not intended as full - time, year -round living quarters. Non - residential development shall include the following: a. Retail b. Office C. Industrial d. Civic C. Institutional f. Recreational g. Hotel h. Performing facility i. Movie theatre j. Hospital (3) Existing approvals While existing development and approvals granted prior to the effective date of these Design Guidelines are not subject to these guidelines. However, any substantial changes to previous approvals, redevelopment, or development approvals which have been granted time extensions for a previously- approved development plan or the continuation of a partially- developed development plan are encouraged to conform to these guidelines to the extent feasible. City of Palm Beach Gardens Design Guidelines June 18, 2003 (b) ARCHITECTURAL DESIGN (1) Building design elements a. Fagade /wall height transition New buildings that are located within 300 feet of an existing building, and are more than twice the height of any existing building within 300 feet should provide massing elements to provide a transition between the existing buildings of lower height and the proposed development. The transitional massing element should be no more than 100 percent taller than the average height of the lower adjacent buildings. b. Design treatments In addition to the basic design requirements, both single and multi -use buildings and projects are encouraged to meet a minimum of four of the following design treatments: 1 3 4 5 Canopies or porticos, integrated with the building's massing and style; Overhangs proportional in size to the mass of the building; IN mill mill mill 11 11 11 Arcades, with minimum eight (8) feet width preferred (see Figure b- Arcade Example 1, Arcade Example); Fig. b -1 Pitched roof forms over substantial portions of the building's perimeter including gable and hip roofs; Ornamental and structural architectural details, in addition to cornices, which are integrated into the building structure and overall design; 6. Decorative tower features; 7. Articulated facades involving appreciable vertical and horizontal breaks of the plane of the building and roof lines; 8. Exterior arched treatment on at least two sides of the building, 9. Amply sized window openings placed appropriately to the use of the building; 10. Any other treatment that meets the intent of this section, as determined by the City. C. Building elevations All building elevations or portions thereof should receive design treatment including architectural elements, fagade treatment and landscaping. This does not apply to the particular elements suitably screened from public view. d. Preferred building exterior wall finishes 1. Stucco 2. Stone (including pre -cast concrete with stone appearance) 3. Brick City of Palm Beach Gardens Design Guidelines 4 June 18, 2003 4. Wood (in limited quantities) 5. EIFS (Exterior Installation & Finishing Systems), excluding locations where pedestrians may have contact with building below seven feet above finished first floor. 6. Architectural pre -cast concrete. 7. High quality metal panel systems, not including metal siding. C. Identical or substantially similar buildings Buildings and structures that are identical or substantially similar in design are discouraged, except as outlined below. This does not prohibit the duplication of floor plans and exterior treatments in a planned unit development or planned community development where identical or substantially similar buildings can be used to create an aesthetically pleasing environment. The intent is to encourage diverse architectural expressions and avoid repetitive design that is not employed to develop creative architectural solutions. f. Trademark forms and colors Buildings and structures which use trademark or symbolic forms and colors and which have a negative impact on the visual environment of the area are discouraged. g. Customer entrance standards Tenant/customer entrances should be emphasized by articulation of the exterior architecture. (See Figure b -2, Clearly Defined Entries) Tenants /customer entries for single tenant buildings Single tenant buildings should have clearly defined, highly visible tenant/customer entrances that should include an outdoors plaza area adjacent to the customer entrance in adequate proportion to the building size that incorporates the following: (i) Benches or other seating components; (ii) Decorative landscape planter; (iii) Structural or vegetative shading elements. 2. Tenant/customer entries for multiple tenant buildings Multiple -user office build- ings should have clearly defined, highly visible customer entrances. Entry ays 0 MIMI U01 ■ :::: i ■■■■ Discouraged Building Entry dearly identified on all fl^ n of the hu ildiny loin ■EN■ loll ■■■■■■■■ ■■■r■■■■ ■NN■ loll mono mono ■IN■ ■NINN��■ ■E■ ■NIE ■N�■ �NI� ee ee ee ■■n■ ■■n■ noon ■■ ■■ ■NI■ NINE ■NN■ &M am I am L u I LL cilia uu Budding Entry Clearly Defined Entries Fig. b -2 Cite of Palm Beach Gardens Design Guidelines 5 June 18, 2003 h. Mechanical equipment screening The highest portion of mechanical equipment, such as backflow preventers, meters and valves for public utilities operations, satellite antennas, heating and ventilating, air- conditioning, or other utility hardware on roofs, ground, or buildings should be installed at or below the lowest elevation or level of screening materials. Materials used for screening purposes on roofs or buildings should match the architectural style, color, and materials of the principal building. This equipment should be located to prevent visibility from any street and/or adjoining property. Landscape screening and berms should be utilized to soften ground level screen walls. Gutters and down spouts Internal drainage is preferred. On building elevations not visible from public rights -of -way, gutters and down spouts, if used, should be painted to match the surface to which they are attached. However, down spouts, if exposed, can be organized to reinforce the rhythm of an architectural motif. Service and storage yards, loading docks All refuse and waste containers, recycling or compacting containers, dumpsters, oil tanks, bottled gas tanks, service yards, storage yards, and loading docks should be located in the rear or side yard. All such service equipment and service areas should be screened from view from any street or adjoining property by means of a wall, landscaping, or other methods approved by the City. k. Shopping carts If shopping carts are stored or left outside, shopping cart corrals shall be required, subject to the standards listed below: Screening Outdoor cart storage areas shall be screened from view by means of a wall or other methods approved by the City. 2. Materials The corrals shall be constructed of masonry or concrete solid walls with finishes that match the primary structure. Mailboxes Mailboxes, including special drop boxes, may be clustered within buildings, grouped under a kiosk, or individually freestanding. In all cases, the design and installation of mailboxes shall comply with the standards listed below: The City and the U.S. Postal Service shall approve the size, type and location of mailboxes. 2. Freestanding mailboxes shall be indicated on a City- approved site plan and shall be landscaped consistent with and architecturally compatible to the development. m. Satellite dishes Pursuant to the Land Development Regulations, satellite dishes may be installed in the permitted zoning district. It is preferred that the dishes not be visible from any right -of -way and its color is compatible with the surrounding environment. Plans for the installation of communication equipment such as dishes and antennas shall be submitted during the site plan approval process. All local regulations governing the placement of satellite dishes and antennas are subject to the applicable provisions of federal, state and local law. n. Telephones, vending machines, newspaper racks, etc. All public telephones, vending machines, newspaper racks, and facilities dispensing merchandise or services on private property should be screened from public view with a City of Palm Beach Gardens Design Guidelines June 18, 2003 physical structure or landscaping. Landscaping and design of screen walls should match the principal structure. o. Underground utilities All new, reconstructed, or relocated utilities lines occurring as a result of new development and redevelopment, including but not limited to electric, telephone and television cable utilities, are strongly encouraged to be placed underground. Costs for underground installation shall not be borne by the City. p. Accessory structures The design of freestanding covered parking structures, garages, equipment buildings, etc. should be of aesthetically pleasing materials (which shall be replaced whenever wear or fading occurs) with an attempt to blend with the architecture of the principal building. Well - proportioned support columns of permanent material, such as masonry /concrete should be used. Long, extended stand -alone carports are discouraged. (2) Preferred roof styles a. Mansard roofs Mansard roofs are discouraged. b. Roof treatments Variations in rooflines should be used to add interest to and reduce the mass of buildings. Roof features should be in scale with the building's mass and complement the character of adjoining and/or adjacent buildings and neighborhoods. Roofing material should be constructed of durable high - quality material in order to enhance the appearance and attractiveness of the community. (See Figure b -3, Roof Types and Figure b -4, Roof Features) (3) Preferred roof materials for sloped roof areas a. Preferred roof materials for pitched roofs 1. Glazed or unglazed ceramic tile loll 11 1111 2. Concrete or clay tile till u LW 1�1� ■■ 111 3. Slate 1111 U Lill 1111 II 1111 1111 �■ mill 1111 ■111 1111 EM111 4. Pre - finished metal roofing I�I„ panels Gable Roof Flat roof b. Discouraged roof materials for with parapet pitched roofs Roof Types 1. Asphalt shingles Fig. b -3 2. Wood shakes 3. Rustic metal roofing (4) Building colors Building materials and color selection should achieve visual order, should be selected from a complementary family of colors, and should minimize stark contrasts. moll 11 loll u11 u 1111 moll 11 loll u11 u 1111 Hip Roof Roof Feoti r rc s Quality roof breaks up mass of buildin., adds interest a nd defines e ntry NONE NONE NONE ....MEIN .. .. NOON NOON LM uu uu aaaaaauaaaa aau uu ■EE■ NONE NONE .. ' .. MEN NINE Roof Features Fig. b -4 City of Palm Beach Gardens Design Guidelines 7 June 18, 2003 (c) SITE DESIGN (1) Building orientation Buildings should front onto a street or boulevard where practical. (See Figure c- 1, Building Orientation) (2) Corner lots Corner lots at an intersection of two or a -�€ more arterial or major collector roads should be designed to emphasize their location. Buildings and structures on corner lots should be designed with architectural embellishments such as corner towers and features that interact in a geometrically complementary manner with the corner. (See Figure c -2, Corner Lots) Figure c -1, Building Orientation (3) Parking a. Pedestrian circulation in parking facilities Parking driveways and associated walkways should be designed so as to separate pedestrians from vehicle travel lanes. 2. Pedestrian sidewalk sys- tems should be integrated, to the extent possible, into the interior and/or perimeter landscaping of parking lots; constructed with a paved or similarly hard surface, at least five (5) feet in width; and separated from vehicular and parking areas by grade, curbing and/or vegetation, except for necessary ramps. Figure c -2, Corner Lots Neighboring properties are strongly encouraged to link their parking lots together and to share common driveways. Perimeter sidewalk systems should connect to interior buildings to achieve pedestrian connectivity and to be in compliance with ADA requirements. b. Loading facilities When required, loading areas, solid waste facilities, recycling facilities and other service areas should be placed to the rear or side of the building in visually unobtrusive locations. 2. Screening should prevent direct views of loading areas and their driveways from adjacent properties and from the public rights -of -way. Screening should also prevent lighting glare, noise or exhaust fumes. Screening and buffering should be achieved City of Palm Beach Gardens Design Guidelines June 18, 2003 through the use of walls, fences and landscaping. Buffers should be visually opaque and completely obscure the contents and facilities. Wheel stops In lieu of wheel stops, landscape diamonds are encouraged to interrupt open parking areas, provided they are no more than four (4) parking spaces apart. (4) Pedestrian amenities a. Plazas A provision for intermittent, shaded outdoor plazas should be properly distributed throughout a project. Plazas should be located within or adjacent to the circulation path of the complex or main structure, and should incorporate benches or other seating components. b. Sidewalk width and materials Sidewalks in the public rights -of -way should be a minimum of six (6) feet in width (unless higher standards are applicable), and should be constructed of stone, textured concrete, concrete pavers or brick. Sidewalks not within public rights -of -way should be at least five (5) feet wide and may also be constructed of a broom - finished concrete. AASHTO consistency Facilities for bicycles and pedestrians shall be designed consistent with the standards adopted by the American Association of State Highway and Transportation Officials or other applicable agency. Continuous, interconnected pathways are encouraged as follows: 1. Provide continuous interconnection from all public sidewalks to the entrances of all buildings, 2. Allow pathways to meander when practical, 3. Maintain a pathway with as few conflicts with vehicular traffic as possible; and 4. Allow installation of amenities such as benches, fountains, trellises and arbors that enhance the pathway. d. Discouraged elements The following items are discouraged to be within primary public view: 1. Chain -link fences; 2. Unfinished concrete or masonry walls excluding architectural concrete; 3. Dumpster enclosures, trash receptacles, excluding City- approved street furniture; 4. Artificial plants or turf, 5. Visible neon; and 6. Elements with highly reflective or bright- colored surfaces. (5) Land use principles a. Interconnected streets and driveways are encouraged. Parking areas more than 50 feet deep in a dead -end condition are strongly discouraged. b. It is encouraged to use a combination of berms, walls and landscaping to achieve the desired buffering effect separating vehicular use areas from the public right -of -way. City of Palm Beach Gardens Design Guidelines June 18, 2003 (d) SIGNAGE (1) Preferred sign types a. Wall signs 1. Internally illuminated signs with individual letters. $ i 2. Backlit channel letters with individual_ letters. (Fig. d -1) - �pNT 3. Non - lighted three - dimensional letters. 4. Other types, as approved by the City. Example of backlit channel letters b. Monument signs Fig. d -1 1. Signs using predominantly permanent building materials, compatible with building design, with limited box -type manufactured components. (Fig. d -2) 2. Signs that have massing that create a base, middle and a top. C. Signage Composition ire- �.. - - . 1. Sign text should not exceed a reasonable percentage of the field upon which it is placed, nor should the vertical or AiYENI5LES '- horizontal dimension of the sign face exceed 80% of the vertical or horizontal surface upon which they are placed. (Fig. d -3) �r l� Example of preferred monument sign Fig. d -2 J Examples of preferred sign composition and proportion Fig. d -3 Cite of Palm Beach Gardens Design Guidelines 10 (2) Discouraged sign types a. Wall signs 1. Neon signs. 2. Excessively - illuminated signs. 3. Signs on continuous raceways, unless low profile raceway, located at the bottom of the letters, and painted to match the wall face on which it is attached. 4. Disorganized composition of different signs on a wall face. (Fig. d -4) 5. Signs that are too large for the immediate wall face on which they are mounted (overall height or width wise). (Fig. d -5) 6. Flat thin letters that are attached directly to the exterior wall face (letters under 12" high would be an exception). 7. Backlit awning signs that use illumination of awning (awning signs are currently not allowed by Code). 8. Cabinet signs that are contained in pre - manufactured box cabinets. 9. Any wall sign supported or fed electrically via conduit or piping supports that are draped over parapet or exterior walls and exposed. (Fig. d -6) b. Monument signs 1. Brightly illuminated cabinet signs, especially with white translucent face as a major component (more than 20% of illuminated sign face). 2. Rustic carved signs, unless design is complementary to building design. 3. Signs that are predominantly pre - manufactured cabinet signs without relating to the design and/or materials of the buildings. (Fig. d -7) June 18, 2003 Example of disorganized composition Fig. d -4 Example of inadequate proportion Fig. d -5 Example of sign draped over exterior wall Fig. d -6 Example of cabinet sign without relating to the monument sign Fig. d -7 City of Palm Beach Gardens Design Guidelines 11 Example of poor horizontal placement (5% margin) Fig. d -8 Example of poor vertical placement (5% margin) Fig. d -10 Example of poor overall placement (5% margin) Fig. d -12 June 18, 2003 Example of good horizontal placement (20% margin) Fig. d -9 Example of good vertical placement (20% margin) Fig. d -11 Example of good overall placement (20% margin) Fig. d -13 Cite of Palm Beach Gardens Design Guidelines 12 June 18, 2003 (3) Miscellaneous a. Waivers from the Sign Code for Planned Unit Development (PUD) projects may be considered if creativity in sign design is desired. b. For overall projects, proposed signage programs should be submitted that illustrate maximum potential sign sizes graphically to scale for all sign areas to receive signs. Colors, fonts, sign types and overall composition should be described and defined in scaled colored drawings. Well- designed logos will be considered when allowed by Code. Directional signage and other site graphics should be defined and submitted with basic wall and monument sign programs. (e) ROADWAY DETAILS (1) At street intersections, sidewalks should continue across street surfaces using decorative paving materials to delineate crosswalks. (2) Decorative pedestrian-scale sidewalk lighting should be provided in locations of heavy pedestrian activity, and at a height of no more than twelve (12) feet with poles constructed from steel, cast iron, aluminum or spun concrete. Lighting fixtures and poles should be of a consistent architectural style and should complement the predominant architectural theme of a project. (3) In situations where traffic calming is desired, on- street parallel parking is encouraged along local streets as one method. Traffic calming consideration shall be consistent with the City policy set forth in Resolution 175, 2001. (f) LIGHTING (1) Lighting should be used to provide illumination for the security and safety of on -site areas such as parking, loading, shipping, receiving, pathways, and working areas. Lighting design should take into consideration principles and practices of Crime Prevention Through Environmental Design (CPTED). (2) The design of light fixtures and their structural support should be architecturally compatible with main buildings on -site. Light fixtures should be integrated within the architectural design for the buildings. (3) Exterior lighting shall be developed in conformance with the City's land development regulations. Alternate means of illuminating pedestrian areas and building features are encouraged. This would include the use of up- lights on major landscape and building elements, low and medium height lights (bollards and plaza pole lighting along pedestrian areas) and wall- mounted decorative sconces on buildings (both accent lights as well as large feature sconces). (4) Lighting which produces concentrated glare visible from adjacent rights -of -way and private property is discouraged. The use of recessed lights or perimeter baffles should be used to avoid this. (5) Any extremely bright light focused on a building is discouraged. Instead, a series of smaller, less intense lighting spread out over a larger area is recommended. (6) Height and spacing of fixtures are both an aesthetic and functional consideration. Residential lighting should relate directly with human scale proportions. In general, post -style fixtures should not exceed eight (8) feet in overall height. Ground fixtures should vary between six (6) to twenty - four (24) inches high and are encouraged for residential use. Spacing standards vary depending on the amount of illumination desired. P &Z/P &Z share/PBGDesignGuidelines.a.doc City of Palm Beach Gardens Design Guidelines 13 CITY OF PALM BEACH GARDENS CITY COUNCIL AND PLANNING & ZONING COMMISSION WORKSHOP MEETING June 21, 2001 The June 21, 2001 Workshop Meeting of the City Council & Planning & Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order at 6:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Vice Mayor Eric Jablin, Councilmember David Clark, and Chair Pro Tem. Carl Sabatello. Mayor Joseph R. Russo and Councilmember Lauren Furtado were absent. The following members of the Planning & Zoning Commission were in attendance: Chair Dennis Solomon, Vice Chair Craig Kunkle, Jr., Chair Pro Tern Barry Present, Joel Channing, John Glidden, Steven Tarr, Alternate Ernest Volonte, and Alternate David Kendall. Dick Ansay was absent from the meeting. ARCHITECTURAL DESIGN STANDARDS: Growth Management Director Charles Wu thanked the Planning & Zoning Commission for their work, and explained that a draft of architectural design guidelines had been prepared by the consulting firm of Glatting, Jackson, Kercher, Anglin and Lopez. Mr. Wu requested direction from the two boards on implementing and enforcing these guidelines, whether they would be guidelines or zoning regulations, whether they would apply to the whole City or only certain areas, and what style was desired. Mr. Wu explained that the consulting firm had used the original budget and direction was needed before new funding was requested. David Cutner, of Glatting, Jackson, reviewed the guideline principles, which had been divided into two categories: land use and site design principles and building design principles. Mr. Wu explained that the guidelines should not stifle creativity and that style should be discussed. - Mr. Solomon indicated that many areas of the guidelines were vague, and he preferred they be applied initially as guidelines rather than regulations so they would be flexible, that they apply to a specific area, and that they should not include micro - management. Mr. Glidden expressed his opinion that the present system worked well and that the guidelines were needed only for two areas: smaller projects that were now scrutinized less than larger projects, and to give developers a sense of the direction their projects should take during their planning stage so that a great number of workshops would not be needed. Mr. Glidden agreed with Mr. Solomon that the guidelines should not include micro - management or specifying good and bad design. Mr. Glidden expressed his opinion that the guidelines should apply along PGA Boulevard rather than to the whole City, and should strive for quality design with creativity. Vice Mayor Jablin agreed the guidelines should encourage creativity and should not be requirements. Mr. Tarr expressed his opinion that the City was really not a pedestrian friendly community and the City worked the way it was laid out, but walking could be encouraged within projects and a pedestrian friendly downtown core area could be developed. Mr. Kunkle agreed with the previous comments, stated variety made the City good and a common theme for the whole City should not be imposed. Mr. Solomon suggested-that staff work on the guidelines to bring them along, and present them in another workshop, with the consultants playing less of a role to save — -- money. Mr. Channing described buildings in -Paris created by micro - management, and favored -the guidelines because the MacArthur Foundation was no longer guiding quality of development. Mr. Channing indicated the City was beautiful, and a lot of it was due to landscaping, that the guidelines should be applied City-side, and that he would rather make it harder for new projects in order to assure a better City in the future. Mr. Present agreed with Mr. Channing that the guidelines should be applied Citywide, and that the draft guidelines should be polished and some of the micro- management removed. Mr. Sabatello favored the guidelines, indicated that the City needed to develop a consistent direction knowing it would change over time, and that the guidelines should apply City -wide because older buildings would be torn down and the guidelines would be needed for the upgrades. Councilmember Sabatello suggested upgrades to parcels be consistent with the newer nearby projects, thaeguidelinel should enhance creativity, and that clearer direction as to what the City did not want was needed. Mr. Sabatello questioned whether staff had enough direction to work on this, and complimented the Commission for their work. Councilmember Clark also complimented the Commission for their work that had saved the City Council so much time. Councilmember Clark indicated these should be guidelines rather than regulations, should enhance creativity, should include different types of architecture, should be Citywide, and should be pedestrian friendly. Councilmember Sabatello noted the City Council had been working on connecting existing corridors to enhance them with pedestrian walkways. Mr. Channing commented strict code enforcement and new infrastructure had been used to start the redevelopment of Miami Beach, and cautioned that the City should not forget the older neighborhoods. Mr. Glidden noted that most of the City Council and the Commission seemed to favor making the guidelines City -wide and if that were done hard core formulas and specifics must be eliminated, suggested considering different project types by looking at examples, and considering a stricter standard on PGA Boulevard. Mr. Glidden acknowledged the need to fund additional monies for the consultant, but suggested an open volunteer brainstorming session that could provide written ideas to the consultant for review and presentation at another workshop, recommending that focus could be on special concerns such as power lines, covered parking, etc. Mr. Wu suggested the Chair be authorized to appoint a subcommittee to meet every other week and work with staff on these issues. Consensus of the City Council was to proceed with appointment of the subcommittee. It was clarified that the meetings of the subcommittee would be noticed and that anyone could attend. Mr. Solomon noted that a recent project had contained two buildings that were mirror images and the Commission needed direction on such items. Mr. Channing indicated the recent practice of holding more workshops to review project concepts had been good. Vice Mayor Jablin thanked everyone for his or her good work. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilmember Sabatello, carriedOAhe Weeting4as adjourned at 7:00 p.m. APPROVAL: -Oa C MI. C AN PR4 TEM SABATELLO _ . - - -. = COUNCILMAN -DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST. CAROL GOLD, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 16, 2003 Meeting Date: August 7, 2003 Resolution 130, 2003 Subject/Agenda Item: Accepting a Quit Claim Deed from the Northern Palm Beach County Improvement District; Authorizing the Mayor and City Clerk to Execute a Quit -Claim Deed in Favor of Downtown at the Gardens LLC for the Lake Parcel adjacent to the Downtown at the Gardens project within the Regional Center DRI; Reserving certain rights to the property for public use. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorney [ ] Approved $ [ ]Approved w/ Current FY conditions C?i [ ]Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: !/, [ x ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: ity anager [ x ] Not required Date Prepared: July 16, 2003 Meeting Date: August 7, 2003 Resolution 130, 2003 BACKGROUND: As part of the Downtown at the Gardens project, the developer is obligated to construct a public area consistent with the Lake Tract Improvements Plan approved by Resolution 92, 2003. The Lake Tract is currently owned by the Northern Palm Beach County Improvement District; which will be executing a Quit -Claim Deed to the Lake Tract in favor of the City of Palm Beach Gardens. The Developer has requested that the City of Palm Beach Gardens convey the Lake Tract to Downtown at the Gardens, LLC to enable Downtown at the Gardens, LLC to construct improvements consistent with the Lake Tract Improvements Plan, including improved pedestrian walks, public gathering areas, including street furniture and covered public space, and a 30,000- square foot pavilion for public use. Conveyance of the Lake Tract will result in several benefits to the City: ➢ 30,000 square feet public performance area ➢ In excess of $1,000,000.00 in park improvements available for public use ➢ $808,000.00 donation to the City ➢ Net increase of 3 acres of park land ➢ Perpetual maintenance of park facilities at no cost to the City ➢ Open for public access and use To provide assurances to the City that the Lake Tract Improvement Plan is implemented in a timely fashion, Downtown at the Gardens LLC has delivered a quit claim deed reconveying the Lake Tract to the City. This deed will be held in escrow, subject to an escrow agreement which will provide that if construction of the Lake Tract Improvement Plan is not commenced by March 1, 2004, and completed by October 1, 2003, the City will record the quit claim deed and title to the property will revert to public ownership. STAFF RECOMMENDATION: Staff recommends approval of Resolution 130, 2003. Date Prepared: July 14, 2003 1 RESOLUTION 130, 2003 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA ACCEPTING A QUIT -CLAIM DEED 5 FROM THE NORTHERN PALM BEACH COUNTY IMPROVEMENT 6 DISTRICT FOR THE LAKE PARCEL AT DOWNTOWN AT THE 7 GARDENS; AUTHORIZING THE MAYOR AND CITY CLERK TO 8 EXECUTE A QUIT -CLAIM DEED IN FAVOR OF DOWNTOWN AT THE 9 GARDENS, LLC FOR THE LAKE PARCEL AT DOWNTOWN AT THE 10 GARDENS; RESERVING RIGHTS FOR THE PUBLIC TO ACCESS AND 11 USE THE LAKE PARCEL; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Downtown at the Gardens, LLC is developing certain real property in 14 the City of Palm Beach Gardens known as Downtown at the Gardens; and 15 16 WHEREAS, as part of that development, Downtown at the Gardens, LLC is 17 obligated to construct a public area consistent with the Lake Tract Improvements Plan 18 approved by Resolution 92, 2003; and 19 20 WHEREAS, the Lake Tract is currently owned by the Northern Palm Beach County 21 Improvement District; and 22 23 WHEREAS, Northern Palm Beach County Improvement District will be executing a 24 Quit -Claim Deed to the Lake Tract in favor of the City of Palm Beach Gardens; and 25 26 WHEREAS, Downtown at the Gardens, LLC has requested that the City of Palm 27 Beach Gardens convey the Lake Tract to Downtown at the Gardens, LLC to enable 28 Downtown at the Gardens, LLC to construct improvements consistent with the Lake Tract 29 Improvements Plan, including improved pedestrian walks, public gathering areas, including 30 street furniture and covered public space, and a 30,000- square foot pavilion for public use; 31 and 32 33 WHEREAS, Downtown at the Gardens, LLC has agreed that the Lake Parcel will 34 be reconveyed to the City of Palm Beach Gardens in the event that construction of the 35 Lake Tract Improvements Plan is not commenced and completed in a timely fashion; and 36 37 WHEREAS, conveyance of the Lake Tract is determined to be in the public interest 38 as it will facilitate the construction of park improvements for the benefit of the public at the 39 expense of Downtown at the Gardens, LLC; and 40 41 WHEREAS, a Quit -Claim deed has been prepared and is attached hereto; and 42 43 WHEREAS, the City Council has deemed adoption of this Resolution to be in the 44 best interest of the citizens and residents of the City of Palm Beach Gardens. 45 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: July 14, 2003 Resolution 130, 2003 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council accepts the Quit -Claim Deed from the Northern Palm Beach County Improvement District in favor of the City of Palm Beach Gardens. SECTION 3. The City Council approves the Quit -Claim Deed in favor of Downtown at the Gardens, LLC and hereby authorizes the Mayor and City Clerk to execute such Quit - Claim Deed. SECTION 4. This Resolution shall become effective immediately upon receipt of an executed Quit Claim deed from the Northern Palm Beach Improvement District conveying the Lake Tract to the City. PASSED AND ADOPTED this day of ATTEST: AN Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY MN Christine P. Tatum, City Attorney VOTE MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO 2003. CITY OF PALM BEACH GARDENS, FLORIDA MV G: \attorney_share \RESOLUTIONS \quit claim deed.Menin.doc 2 Eric Jablin, Mayor AYE NAY ABSENT C/W// PREPARED AND RETURN TO: Christine P. Tatum, Esq. City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 QUIT -CLAIM DEED THIS QUIT -CLAIM DEED is executed this day of , 2003, by the City of Palm Beach Gardens, a Florida municipal corporation, whose mailing address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410 ( "Grantor") to Downtown at the Gardens LLC , a Florida Corporation, whose mailing address is 201 N. U.S. Highway 1, Jupiter Florida 33477 -3401 ( "Grantee "). Wherever used herein the terms Grantor and Grantee shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires. WITNESSETH, that the Grantor, for and in consideration of the sum of $10.00 in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit -claim unto the Grantee forever, all the right, title, interest, claim, and demand which the Grantor has in and to the following described real property ( "Property "), situate, lying, and being in the County of Palm Beach, State of Florida, to wit: See attached Exhibit "A" Provided, however, the Grantor's conveyance of the Real Property shall be subject to the following disclosures, covenants, restrictions, and /or easements which shall run with the land, namely: (1) All easements, restrictions, and reservations of record without reimposing the same by this reference. (2) Reservation of the perpetual right to the use of the Real Property by the City and by the public. This reservation includes the right of the City on behalf of the Public to use the Real Property for events it deems necessary and /or desirable, and includes a perpetual public access easement to the Real Property, including the plaza areas located east of Victoria Gardens Drive. Grantor and Grantee will enter into an Operating Agreement to define and coordinate the use of the Real Property. 1 (3) Reservation of a perpetual easement in, over, under, and upon the Real Property reserving unto the Grantor, together with its authorized employees, licensees, and agents, the exclusive right and authority, but not the obligation to implement, install, and maintain the lake plan identified in Resolutions 91, 2003 and 92, 2003 of the City of Palm Beach Gardens, as the same may from time to time be amended. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the Grantor, either in law or equity, to the only proper use and benefit of the Grantee forever. The Grantor's conveyance of the Property is being given without any statutory, express, or implied warranties of any nature whatsoever, and the acceptance of the Property by the Grantee shall be without recourse as to the Grantor. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA, a municipal corporation By: By: Patricia Snider, City Clerk Eric Jablin, Mayor WITNESSES: By: Print Name: By: Print Name: 2 STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2003, by Eric Jablin, Mayor, and Patricia Snider, City Clerk of CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal corporation, on behalf of the corporation, who are personally known to me or who have produced as identification and did not take an oath. NOTARY SEAL Notary Public, State of Florida Print Name: G: \attorney_share\AGREEMENTS \quit claim deed - downtownatthegardens.doc 3 EXHIBIT "A" G: \attorney_share\AGREEMENTS \quit claim deed - downtownatthegardens.doc THIS IS NOT A BOUNDARY SURVEY Ir LEGAL DESCRIPTION EXISTING LAKE TRACT (WATER MANAGEMENT TRACT 3 -B) ALL OF WATER MANAGEMENT TRACT 3 -13, AS SHOWN ON THE PLAT OF REGIONAL CENTER PARCELS 27.09, 27.13 AND WATER MANAGEMENT TRACT 3- B. AS RECORDED IN PLAT BOOK 90, PAGE 199 THROUGH 201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, CONTAINING 13.494 ACRES MORE OR LESS. SURVEYOR'S NOTES : 1.) NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2.) BEARINGS AS SHOWN HEREON ARE BASED UPON THE EASTERLY LINE OF WATER MANAGEMENT TRACT 3 —B, AS SHOWN ON THE PLAT OF REGIONAL CENTER PARCELS 27.09, 27.13 AND WATER MANAGEMENT TRACT 3 -8, AS RECORDED IN PLAT BOOK 90, PAGES 199 --201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A PLATTED BEARING OF SOUTH 06'58'15" EAST. UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, MAP, SKETCH OR PLAT IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID. DATE : CO Zfa o3 CRAIG PUSSY PROFESSIONAL SU EYOR AND MAPPER FLORIDA CERTIFICATE NO. 5019 Landmark Surveying &Mapping Inc. SKETCH AND DESCRIPTION 1850 FOREST HILL BOULEVARD, SUITE 100 WEST PALM BEACH. FL 3.3406 EXISTING LAKE TRACT PHONE :L(5# 3963 -5405 9 WATER MANAGEMENT TRACT 3 -B, REGIONAL FIELD: N/A DRAWN: L.C.B. SCALE: r - 200' CENTER PARCELS 27.09. 27.13 AND WATER BOOK: N/A DATE: MAY. 2003 PROD. FILE JOBS /2527 MANAGEMENT TRACT 3 -8 (P.B. 90. PAGES 199 -201) PAGE: N/A CHECKED: C.S.P. CADDFILE 2527LAKE ISHEET NO. I OF 2 IJOB NO. 2527 LEGEND R = RADIUS L = ARC LENGTH A = CURVE CENTRAL ANGLE F.P.L. = FLORIDA POWER AND LIGHT COMPANY L.S.E. = LIFT STATION EASEMENT P.E. = PEDESTRIAN EASEMENT P.B. = PLAT BOOK O.R.B. = OFFICIAL RECORD BOOK = CENTERLINE SURVEYOR'S NOTES : 1.) NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2.) BEARINGS AS SHOWN HEREON ARE BASED UPON THE EASTERLY LINE OF WATER MANAGEMENT TRACT 3 —B, AS SHOWN ON THE PLAT OF REGIONAL CENTER PARCELS 27.09, 27.13 AND WATER MANAGEMENT TRACT 3 -8, AS RECORDED IN PLAT BOOK 90, PAGES 199 --201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A PLATTED BEARING OF SOUTH 06'58'15" EAST. UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, MAP, SKETCH OR PLAT IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID. DATE : CO Zfa o3 CRAIG PUSSY PROFESSIONAL SU EYOR AND MAPPER FLORIDA CERTIFICATE NO. 5019 Landmark Surveying &Mapping Inc. SKETCH AND DESCRIPTION 1850 FOREST HILL BOULEVARD, SUITE 100 WEST PALM BEACH. FL 3.3406 EXISTING LAKE TRACT PHONE :L(5# 3963 -5405 9 WATER MANAGEMENT TRACT 3 -B, REGIONAL FIELD: N/A DRAWN: L.C.B. SCALE: r - 200' CENTER PARCELS 27.09. 27.13 AND WATER BOOK: N/A DATE: MAY. 2003 PROD. FILE JOBS /2527 MANAGEMENT TRACT 3 -8 (P.B. 90. PAGES 199 -201) PAGE: N/A CHECKED: C.S.P. CADDFILE 2527LAKE ISHEET NO. I OF 2 IJOB NO. 2527 THIS IS NOT A BOUNDARY SURVEY PARCEL 27.14 REGIONAL CENTER PARCELS 27.12. 27.14 AND LAKE VICTORIA GARDENS AVENUE (P.B. 94. PAGES 40 -42) N 80004'54 "E 234.50' N 37045'07 "E 201.89' -, fo I�, % 0532 2 1 _O � O O � O O M Z CL 7' P. E. P.B. 90. PAGE 199 A = 10024'51" L= 191.11' R =1051.45' (A , is 0 S 39007'38 "E 94.90' -- 3 �'' 0 tK EASEMENT F 5373. PAGE 1785 \ O.R•B• g rn D N o m PARCEL 27.13 rn m REGIONAL CENTER PARCELS W r 27.09. 27.13 AND WATER a) Z � MANAGEMENT TRACT 3 -B > Z (P.B. 90. PAGES 199 -201) MM � o z EXISTING LAKE TRACT WATER MANAGEMENT TRACT 3 -B REGIONAL CENTER PARCELS 27.09. 27.13 AND WATER MANAGEMENT TRACT 3 -B (P.B. 90. PAGES 199 -201) �9 3 L S7 / A 0,A N O C 5 � 9CF O�/ h oo to 70 C 00 9 o m co d o O z 5 PARCEL 27.09 REGIONAL CENTER PARCELS 27.09. 27.13 AND WATER MANAGEMENT TRACT 3 -B (P.B. 90. PAGES 199 -201) s 1610 F.>o i 2 O " L.S.E. tr O.R.B. 8601, PAGE 28 F / PARCEL 27.14 REGIONAL CENTER PARCELS 27.12. 27.14 AND LAKE VICTORIA GARDENS AVENUE L ti (P.B. 94. PAGES 40 -42) N 6� N 14003'17 "W 82.72'' N 58041'21 "W 35.68' 6, oSrO R'� DNS O A�1 g9 i �0 Q6� s GP Z,Q ss O�Q e29 L =49.63' A = 06006'14" R= 465.87' Landmark Surveying &Mapping Inc. SKETCH AND DESCRIPTION 1850 FOREST HILL BOULEVARD, SUITE 100 WEST PALM BEACH, FL 33406 EXISTING LAKE TRACT PHONE 561) 433 -5405 L /4396 WATER MANAGEMENT TRACT 3 -8. REGIONAL ME=! FIELD: N/A DRAWN: L.C.B. SCALE: I" - 200' CENTER PARCELS 27.09, 27.13 AND WATER BOOK: N/A DATE. MAY, 2003 PROJ. FILE JOBS/2527 MANAGEMENT TRACT 3 -B (P.B. 90, PAGES 199 -201) PADE: N/A CHECKED: C.S.P. CADDFILE 2527LAKE SHEET NO. 2 OF 2 JOB N0. 2527 wN T A V, -V.11v AUMWOO 7U-IlUdO7.-Aila qIU9W SN30,Yro 071)VOYIVJ I m 0 \ 0 p co .1 ®max gtlj IV UMO.�UI140a —B, F.-Us, < . . . . . . . . . . . . < . . . . . . . . . . . . . . . . . . . . . . . . wN T A V, -V.11v SN30,Yro 071)VOYIVJ I m 0 \ p co < . . . . . . . . . . . . < . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . < . . . . . . . . . . —.1— ........... ........ 60666 .... ....... p ri: Oia < < < 006 q tj q < �tg- CR O t0 LU LLI Cl W4 a- F- rn co In C) Of a - LA El W wN T A V, -V.11v SN30,Yro 071)VOYIVJ I m 0 \ p co < . . . . . . . . . . . . < . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . < . . . . . . . . . . —.1— ........... ........ .... ....... p ri: wN T A V, -V.11v 00 u 14 V) f o 9 [9) R F-1 ))Ili 4uPo'1uoo.;V91,UdO19AaG q/U.9w SU.9pJeq,9t1j fib' UMO- UA40a lu o 00 u 14 V) f o 9 [9) R F-1 ))Ili lu 00 u 14 V) f o 9 [9) R F-1 ))Ili X", ETYED JUL 2 2 ?003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 7/14/03 Meeting Date: 8/7/03 Resolution: 134, 2003 Subject /Agenda Item: Dialogic Communication Corp. (DCC) Community Notification System [ x ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $_34,245 Council Action: Police (Total) City A rney [ ] Approved $ 34,245 _ [ ]Approved w/ Current FY conditions F' [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ x ] Operating 2- Paper: [ ] 0flic. DCC Proposal Winter Haven Bid Sheet Submitted by: [ ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: 001 -1000- 521 -3150 [ ] None Approved by: City M ager [ ] Not required Date Prepared: 7/14/03 Meeting Date: 8/7/03 Resolution: 134,2003 BACKGROUND: The City formed a Community Notification Committee to research and review notifications systems for the City of Palm Beach Gardens Police Department. The committee consisted of Fire Department, GIS Manager, City IT Department, and Police Department., they saw demonstrations from three vendors, Reverse 911, Avtex City Watch, and Dialogic Communication Corp (DCC). The committee selected DCC as the vendor of choice. The DCC community notification system addresses the communications needs of the City of Palm Beach Gardens, this high -speed notification system alerts individuals, groups or teams by phone, pager, fax, email, etc.; delivers incident - specific information and /or potentially life- saving instruction; confirms message receipt; and prints, faxes and emails comprehensive reports detailing call -out results. Critical situations, day -to -day operations, community outreach programs, internal communications... DCC Community notification system offers high -speed notification solutions specifically designed to meet the growing demands of our City. DCC's products and services are installed in several of our neighboring cities INCLUDING West Palm Beach and is also used by the Palm Beach County Sheriff's Office and the Palm Beach County Emergency Operations Center (EOC), The County EOC system has a 48 line system; in extreme emergencies we can link our proposed system, for even faster notification. The DCC system is backed by a strong and proven public safety track record. The DCC Communicator TM is recognized as America's most used high -speed notification system, The Communicator automatically contacts persons by phone, pager, fax and email; delivers incident - specific information or potentially life- saving instruction; confirms message receipt; and prints /faxes comprehensive reports detailing call -out results. This system is a Microsoft Windows -based product, powered by DCC technology. Features include: • Automates any notification procedure, regardless of complexity • Activates remotely by phone or directly from the desktop • Contacts an unlimited number of individuals, groups or teams • Interfaces with DCC's powerful GIS community notification tool, GeoNotify • Delivers pre- recorded or on- the -fly messages • Prompts for touchtone entry of ETAs, "fit for duty" status, etc. • Places /ceases calls based on fill count requirements (e.g., 5 of 50 officers) • Runs multiple, simultaneous scenarios • Provides multi -line fax on- demand capabilities Documents notification results in easy -to -read reports Includes built -in bulletin board feature for inbound status updates Links to other notification systems, including DCC's Back -up /Hosting Service MISC / OTHER: Dialogic Communications Corporation community notification system pricing provides Palm Beach Gardens Police Department with high -speed notification solution for automating processes of delivering critical and other information to responders, citizens, and other interested parties. • Hardware /Software: • One Standard Multi -form Hardware Chassis • Interface to 8 telephone line DCC Notification System • One The Communicator TM software package • One GeoNotifyTm GIS notification mapping software package • Instal lation/Training: Initial training /installation provided on -site for two days • One Cal ITM (Off -Site Notification System): System for backing up and supplementing on -site system through 100+ phone lines; offered at no charge for first year including 5,000 phone calls free thereafter 25 -cents per call after 5,000. System Cost: 8 Line DCC system ■ The Communicator TM (Base notification software engine) ■ GeoCast (GIS -ESRI notification mapping software) ■ Elderly C.A. R. E. software ■ Fax Blasting /Fax on Demand (4 lines) ■ Community Bulletin Board ■ 2 Mapping /telephone updates included 1st year ■ One Year 24/7 Support — Premium Level Total Software Solution $23,245 Additional 8 Lines (total of 16 line system) $11,000 Hardware Package Solution included Off Site Bank of 200+ phone lines at DCC Offices 1 year Off Site service ...5000 calls FREE included 25 cent per call thereafter Training /Installation (2 days) STAFF RECOMMENDATION: included TOTAL COST $34,245 Staff recommends approval of the DCC Communicator Community Notification System, at a cost of $34,245. The City of Palm Beach Gardens Police Dept is piggy backing off of the City Of Winter Haven, Florida, bid number ITB -01 -16 • RESOLUTION: 134, 2003 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 Date Prepared: July 14, 2003 RESOLUTION 134, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A PIGGYBACK CONTRACT FOR THE PURCHASE AND INSTALLATION OF A COMMUNITY NOTIFICATION SYSTEM TO DIALOGIC COMMUNICATIONS CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City formed a Community Notification Committee to research and review notification systems for the Police Department; and WHEREAS, Section 2 -294 of the City Code of Ordinances permits the City to "piggyback" an agreement awarded by another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the City has received a quote from Dialogic Communications Corporation, a copy of which is attached hereto as Exhibit "A "; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to award a contract to Dialogic Communications Corporation based on an agreement/purchase order executed by the Town of Winter Haven effective October 24, 2001, a copy of which is attached hereto as Exhibit "B "; and WHEREAS, the City is in receipt of written confirmation executed by a duly authorized officer of Dialogic Communications Corporation that the company agrees to be bound by the terms and conditions specified therein and the terms of such agreement, a copy of which is attached hereto as Exhibit "C "; and WHEREAS, based on the recommendation of City staff, the City wishes to award a contract to Dialogic Communications Corporation to provide such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby awards a contract for the purchase and installation of a Community Notification System to Dialogic Communications Corporation in the amount of $34,245.00 and authorizes the Mayor and City Clerk to execute an agreement acceptable to the City Attorney with Dialogic Communications Corporation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: July 14, 2003 Resolution 134, 2003 SECTION 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this ATTEST: M Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COU NCI LM EMBER CLARK COUNCILM EMBER RUSSO COUNCILMEMBER DELGADO day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA LW Eric Jablin, Mayor AYE NAY ABSENT G: \attorney share \RESOLUTIONS \piggyback - dcc community notification system.doc 2 Date Prepared: July 14, 2003 EXHIBIT "A" DC A NOTIFICATION SOLUTION PROPOSAL Prepared for: Palm Beach Gardens Police Department July 17, 2003 The Leading Provider of Automated Notification Solutions Linda Evers Dialogic Communications Corporation 730 Cool Springs Blvd Suite 300 Franklin, TN 37067 800 - 723 -3207 (3947) Palm Beach Gardens Police Department Community Notification System Pricing Provides Palm Beach Gardens Police Department with Dialogic Communications Corporation high -speed notification solution for automating processes of delivering critical and other information to responders, citizens, and other interested parties. • Hardware /Software: • One Standard Multi -form Hardware Chassis • Interface to 8 telephone line DCC Notification System • One The CommunicatorTM software package • One GeoNotifyTM GIS notification mapping software package • Installation/Training: Initial training/installation provided on -site for two days • OneCallTM (Off -Site Notification System): System for backing up and supplementing on -site system through 100+ phone lines; offered at no charge for first year including 5,000 phone calls free thereafter 25 -cents per call after 5,000. Total Cost: 8 Line DCC system The CommunicatorTM (Base notification software engine) GeoCast (GIS -ESRI notification mapping software) Elderly C.A.R.E. software Fax Blasting/Fax on Demand (4 lines) Community Bulletin Board 2 Mapping /telephone updates included I" year One Year 24/7 Support — Premium Level Total Software Solution $23,245 Additional 8 Lines (total of 16 line system) $11,000 Hardware Package Solution included Off Site Bank of 200+ phone lines at DCC Offices 1 year Off Site service ...5000 calls FREE included 25 cent per call thereafter Training/Installation (2 days) included TOTAL COST $34,245 FUTURE OPTIONS: Support Extension (per year): (Support included for first year) 2"a year 12% of Software Geographic Notification Mapping updates: Database map /telephone updates included with the cost of system the 1 st year Telephone Database Updates (after first year) $1200 per update Networking Options: Networking for GeoCast and CommunicatorTM Networking Installation (on -site) Notification Enhancement Options: 1CallTM (offsite notification system) E -Mail Notification and Reporting Phone Line Enhancement Solutions: $3,500 per SAL $1,500 per day $2,000 Annual Access Fee 25 -cents per call $2,000 set up Analogue Phone Line Enhancement (per 4 lines) $5,500 Addition telephone talker cards- allows the system to be enlarged Linda Evers Dialogic Communications Corporation 730 Cool Springs Blvd; Suite 300 Franklin, TN 37067 phone: 800 - 723 -3207 (ext 3947) fax: 615- 790 -1329 Date Prepared: July 14, 2003 Resolution 134, 2003 EXHIBIT "B" . ;;,, U t/ 29/ 2003 09:56 - 6157901329 DCC TENNESSEE SUPPLIER COPY CITY OF WINTER HAVE N WINTER HAVEN, FLORIDA EQUAL OPPORTUNITY / AFFIRMATIVE ACTION ?MPLOYER Sf-68550 U DIALOGIC COMMUNICATION CORPORATION p ATTN: MS. LINDA EVERS P 381 RIVERSIDE DRIVE STE 300 1 FRANKLIN, TN 37064 E AL PURCHASE ORDER NO. 16163 PAGE 03/03 STATE SAus TAX EXEMPTWN CE:RTIRICATE NO. %4i4m, -mc CAW10 -24 -2001 DEPr.,vmStON POL I CE I OPERATNS REOUISITIONER DELOACH F.O.a_W I LATER HAVEN, FL DATE REWIRED: FITHIN 30 DAYS kRO CONFIRMATION DO NOT DUPLICATE SHIP TO CITY OF WINTER HAVEN WINTER HAVEN POLICE DEPT 551 THIRD ST NW /CAPT DELOACH WINTER HAVEN, FL 33881 QUOTATION OR H1D NO. ITB-01-16 QUAN- JUAN- TITY DESCRIPTION UNIT PRICE TOTAL COST 1 COMMUNITY MESSAGING SYSTEM. INCLUDING ALL 23245.00 Z3,245.00 EQUIPMENT, INSTALLATION. SEI -UP, & TRAINING BRAND MODEL 1 CALL PLUS PER ITB -01 -16 AND YOUR PROPOSAL DATED 7113/01, A COPY OF WHICH IS ATTACHED APPROVED BY THE CITY COMMISSION ON 10/22/01 * ** Total 23,245.00 City Account: 001 -2)6 -5000 HOTS - IMMEDIATELY UPON SHIPMENT INVOICE MI 0 PLICATE S14OWMG OUR PURCHASE ORDER NUMBER AND OEPAATMWrANO MAfL TO: CITY OF WINTER HAVEN .. —� ACCOUNTS PAYABLE WINM HAVEAK PLLOxRWA =W - 22n CONDITIONS - ( )) TILE CITY RESERVES THI: RIGHT 10 CANCEL. ANY PORTION OF THIS ORDER IF NOT FUFUASt4EO AS SPeCIP1EO HEREIN. (� ANY CHANGE IN PRICE MUST BE CONFIRMED BEFORE SHIPMENT UNLESS OTHkRW*C NOTED. (3) NOTIFY THE PURCK113" OFFICE IMMEDIATELY IF YOU ARE UNABLE TO "PLY ANY PORTION OF THIS ORDER. IT IS IMPERATIVE IN EVERY CASE THE MANUFACTIVI LEAS' 3ET OUTSEPAARATELY AND DEDUCTED FROM GROSS PRICE WE WILL FVRNISFI E)CEWPTION CERTIFICATE. OUT TMg M AWR OF 1119 OiIDeR AND WAATNENr DE9+pNATEQ ael0w OM u N A CO CORMPONDCE. ON CASE OA PACKAGE ANp ON 1M004[ CITY OF WINTER HAVEN BY t" /2� PURCI4AStNdM&NAGfzR THE CITY OF WINTER HAVEN, FLORIDA "Inbound and Outbound Interactive Community Messaging System" Bid Number ITB -01 -16 Response by: DIALOGIC COMMUNICATIONS CORPORATION 381 Riverside Drive, Suite 300 Franklin, Tennessee 37064 Contact: Ms. Linda Evers, Florida Public Safety Manager 800.723.3207 (Ext. 3947) linda.evers @dccusa.com NOTE: To help facilitate review, Dialogic Communications Corporation (DCC) has included language in its response from the specifications presented by the City of Winter Haven, Florida (shown in bold italics). Language in bold italics should be considered for reference purposes only, and are not material to DCC's response. Proposal for Winter Haven Police Department The CommunicatorTM Integrated Paging (Alpha/Digital) Remote Telephone Activation Intelligent Scenario Kit Key Function Wizards On -Line Help Data Import/Export Capability Dynamic Group Capability Resource Management Tools Automatic Report Distribution Answering Machine Detection/Message Control Multi -level Security Control PC Anywhere® Communications Software Microsoft® Operating System Pre - Installation Set -up Map Appearance Controls Off -Site Geo- Coding Multi -Pattern Geo Selection Map/Data Layer Control Symbol Selection Tool Map Point Labeling Tool Data Accommodation Flexibility Find/Edit Map Points Map Contents Labeling Scale Bar Measure Tool Display Scale Control Message Repeat Duplicate Number Removal On -Line Help Phone Line Expansion (8 Ports) Line Seizer capability — 4 lines or 8 lines Elderly C.A.R.E Software Fax Blasting/Fax on Demand 4 lines E -mail Notification and Reporting Hardware Package (includes printer, PC, modem, etc.) Implementation Consultation —User Kit One Year 24/7 Support — Premium Level On -Site Training/installation Four mapping/telephone data updates • Off Site Bank of 50 -100 phone lines at DCC Offices No Charge • Within 1 year up to 5000 calls FREE at NO Charge FREE TOTAL 41 $23,245 Additional FEATURE OPTIONS: Support Extension (per year): (Support included for first year) Notification Enhancement Options: ICallTM (offsite notification system) Note: I Ca11TM included in price of system for first year 12% of Software 50 lines located at DCC Offices 5000 FREE calls annually 24n Remote Activation Reports via Fax and e-mail Residential & Business database Using GIS maps $2,000 Annual Access Fee 25 -cents per call Phone line Enhancement Solutions (add to page 1 price): The system can be expanded beyond the 8 lines Winter Haven has requested T -1 Digital Capabilities $10,500. (equivalent of 24 analogue phone lines) Analogue Phone Line Enhancement 4 lines 5,500. (4 lines) 42 A NOTIFICATION SOLUTION PROPOSAL Prepared for: Winter Haven Police Department July 12, 2001 The Leading Provider of Automated Notification Solutions Linda Evers Dialogic Communications Corporation 381 Riverside Drive Suite 300 Franklin, TN 37064 800 - 723 -3207 (3947) w Date Prepared: July 14, 2003 Resolution 134, 2003 EXHIBIT "C" 07/29/2003 09:56 — 6157901329 DCC TENNESSEE PAGE 02/03 q i ,,;i closing r Pe cvmmunkations loop' July 29, 2003 Ernie Carr City of Palm Beach Garder s Palm Beach Gardens, FL Dear fir. Can: Dialogic Communications ',orporation has agreed to snake the same pricing and terms available to the City of Pal n Beach Gardens as were made available to the City of Winter Haven, per the attached Pu .-chase Order. Please contact me with an} questions. ds, 't Rick Wimberly Director, Public Safety cc_ Linda Evers, DCC 730 Cool Springs Blvd.. Suite 300 - Frz nklin, TN 37067 800.723.3207 • 615.790.2882 • Fax: 05.790.1329 15.790.1329 • dccusa.com RECEIVED AUG 0 4 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 4, 2003, 2003 Meeting Date: August 7, 2003, 2003 Subject/Agenda Item: City Manager Performance Evaluation [ X ] Recommendation to APPROVE. Items for Council Action — Performance evaluation due under the terms of the City Manager Employment Agreement. Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorney [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: [ x ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Man ger [ x ] Not required . BACKGROUND: See attached memo. TO: FROM: SUBJECT: CITY OF PALM BEACH GARDENS MEMORANDUM Mayor Eric Jablin DATE: August 4, 2003 Henry DuFour, Human Resources Administrator Performance Evaluation Please find enclosed a copy of the Employee Performance Appraisal Report used by the Council to evaluate the City Manager's performance last year. As I recall, however, the Council members chose to use the form provided them for discussion to reach consensus, agreed upon the Manager's accomplishments and the increase that he should receive for his past performance. In order to facilitate an even more objective discussion, I have enclosed an article printed by ICMA identifying competencies for the Contemporary Local Government Professional by John and Carol Nalbandian. This article identifies the many challenges facing a professional manager with today's multiroled responsibilities. If the Council should choose to evaluate the Manager again by discussion and consensus, the enclosed article will provide an effective guideline for areas of discussion. The general employees received a 0 -6% increase annually based on their performance objectives. The Council used the same percentage guideline for the Manager's last evaluation. The following issues should be addressed during this discussion: 1. The Manager's evaluation was due in February 2003. It would be appropriate that whatever increase the Council approves should be retroactive to February 2003. 2. As per the terms of Mr. Ferris' Employment Agreement under Term Sec (A), the Manager's agreement with the City of Palm Beach Gardens shall be automatically renewed for an additional two (2) year term, unless the City Council gives notice of its intent not to renew the agreement at least twelve (12) months prior to the expiration of the initial three (3) year term. If you have any questions, please contact me at Ext. 4225. I will be happy to assist you in any way that I can. HAD /pm Enclosure Cc: Carl Sabatello, Vice Mayor Dave Clark, Mayor Pro Tern Joseph Russo, Council Member Annie Marie Delgado, Council Member Ron Ferris, City Manager Employee Name; Title: DOH/Promotion: CITY OF PALM BEACH GARDENS EMPLOYEE PERFORMANCE APPRAISAL REPORT ADMINISTRATION Pay Grade: Type: Probation (3) (6) Annual Employee #: Division' Current Salary: Rating Period: From to Element Weight Score Total ELEMENT 1: APPLICATION OF KNOWLEDGE AND EXPERTISE: Professional knowledge is sufficient to enable employee to perform duties without assistance; recognizes issues and circumstances which require attention and assistance of higher authority; demonstrates knowledge of Federal, State and local laws, regulations and procedures pertaining to area of responsibility; assumes personal and ultimate responsibility for provision of service and completion of work. ELEMENT 2: RESEARCH AND ANALYSIS STANDARD: Is familiar with traditional and current research procedures and methods of analysis including computer based data sources, etc.; collects raw data from appropriate sources, analyzes data, reaches conclusions, prepares and explains alternative recommendations and anticipated results in logical, understandable and defensible manner; recognizes and reports data trends. ELEMENT 3: COORDINATION AND COMMUNICATION STANDARD: Maintains effective communication with and between divisions within department, strives to share relevant information with departmental staff, other departments, citizens and various groups; ensures all interested parties are aware of goals and activities and provides necessary information to accomplish assigned tasks; maintains professional relationships with consultants, associates, and other professionals and has critical listening skills. ELEMENT 4: SUPERVISION AND MANAGEMENT SKILLS STANDARD: Prepares and/or reviews work programs and schedules of subordinates; encourages punctuality; ensures that work is accomplished on schedule and according to requirements; provides feedback, information and guidance to employees as performance indicates; ensures subordinates follow City and departmental SOP'S. ELEMENT 5: PLANNING AND ORGANIZATION STANDARD: Develops goals and objectives, staffing and budget needs; helps maintain desired service levels; anticipates financial needs, potential problems and emergency situations; develops and maintains efficient and functional process for achieving work program; recommends necessary organization changes as work load and service needs demand. ELEMENT 6: FISCAL MANAGEMENT STANDARD: Plans and prioritizes budget and financial responsibilities to accomplish assigned tasks. Exercises sound financial judgement and uses realistic assumptions in long range financial plans, budget preparation and administration. ELEMENT 7: SAFETY AND PERSONAL MANAGEMENT STANDARD: Performs duties with concern for safety of self and others. Ensures personnel use appropriate safety procedures, keeps work station clean and free of debris, unrelated work material and unsafe obstructions; promotes safety to associates and subordinates. ELEMENT S: LEADERSHIP STANDARD: Motivator and organizer; prepares subordinates to substitute in his/her absence. Leadership achievements dramatically further City's mission. Perseveres through tough challenges. Consistently decisive and calm under stressful situations. ELEMENT 9: DECISION MAKING STANDARD: Displays analytical and ethical skills to make sound judgement and timely decisions and does not react without thinking through potential consequences of the actions. Exercises proper authority to makes decisions without deferring up the hierarchy. ELEMENT 10: PROJECT COMPLETION STANDARD: Takes initiative for departmental and interdepartmental issues and develops innovative approaches to assist in project completion. Plans/ prioritizes with skill and foresight. Meets project deadlines and goal expectations. OUTSTANDING ABOVE SATISFACTORY SATISFACTORY 5.04.6 4.5 -3.6 3.5 -2.6 1.0 NEEDS IMPROVEMENT UNSATISFACTORY 2.5 -1.6 1.5 -1 Goals and Objectives for next year attached: Yes No TOTAL SCORE Date reviewed with Employee• I understand if I disagree with my rating that I am entitled to appeal to the City Manager in writing, or may include any rebuttal to said evaluation in writing. This report has been discussed with me and I have received a copy. I agree with my rating ( ). I disagree ( ). I UNDERSTAND THAT MY APPEAL OF THIS RATING MUST BE MADE WITHIN TEN (10) DAYS OF MY RATING REVIEW. Employee Signature: Date: City Manager Signatu re- Date: Meeting Today's Challenges: Competencies for the Contemporary Local Government Professional This is part 2 of our "Contemporary Challenges in Local Government" series. Part I was published in the December 2002 PM Magazine.I n a previous article, we outlined two contemporary trends — community building and modernizing of the organization —that affect the work of local gov- ernment professionals. In that article, we also iden- tified some approaches to dealing effectively with the problems of these trends. In this follow -up arti- `,`cle, we propose some competencies that contemporary local government managers will need in order to meet their re- sponsibilities and roles in this new world successfully. Before we proceed, let's briefly review these trends, which have been derived from recent research, including an inter- national database assembled after examining innovative and democratic local governments:2 • Community building, this is, helping to build and maintain a sense of community and the value of public life. This is today's external focus for the local government professional. This trend reinforces the axiom that organizations are con- tinually interacting and adapting in the light of environ- mental changes. Today, a greater emphasis is being placed on citizen engagement that goes beyond the required hear- ings and public comment at formal meetings. It challenges traditional orientations on service delivery and regulatory responsibilities to fit into a community paradigm.' PUBLIC MANAGEMENT 11 The importance of creating open, transparent policy- making processes is apparent and has begun to extend into the administrative arena itself, as politically active citizens grow to un- derstand the influence of professional staff on government decisions and, therefore, expect to know how staff members reach their conclusions and recommendations. This trend entails an examination of the role of government and its re- lationship to the private and non- profit sectors in building collabora- tive partnerships. Finally, it also involves the emerg- ing presence of regionalism, with the opportunities and threats that it poses for traditional ways of think- ing about communities. Modernizing the organization. This is today's expression of the traditional, internal administrative focus for local government management. The fusion of technology with efficiency had cre- ated inexorable forces of change. An explosion of c nsequences has re- sulted, not the ast of which is the sudden transfor$ation in expecta- tions about time; accessibility of in- formation, and responsiveness. Software that enables accounting practices; tracks capital projects; provides for e- government; and manages pavement maintenance, traffic control, the routing of solid - waste collection vehicles, and inven- tory has given rise not only to "better practices" but also to higher expecta- tions for professionalism and techni- cal expertise. The technology and software that modernize the organization's internal operations also allow citizens more access to reports, agendas, minutes, drawings and renderings, GIS -based documents and data, and other infor- mation. This accessibility affects how the manager and other professional and technical' staff must deal with the public, neighborhoods, and special- interest groups. Managers must act quicker and more transpar- ently, as they prepare for public in- volvement based on a review of mate- rial shared by elected officials and other staff. Responsibilities, Roles, . And Values of the Local Government Professional The primary responsibilities of man - Challenges For the local government manager, the first challenge is to understand the dif- ferences between a community orienta- tion and a traditional institutional paradigm. Community orientation places more emphasis on process, norms, and direct engagement of citi- zens, in contrast to the institutional per- spective, which emphasizes structure, the law, and representation. The man- ager must be able to operate well in both arenas and must resist the temptation to make one more _like rhe_other The_twa. spheres are necessarily different because their purposes are different. The second challenge occurs within the organization, as employees attempt to make better use of mushrooming knowl- edge. As information and knowledge pro- liferate, managers find that work teams, decentralized decision - making processes, and new managerial competencies are better able to apply this knowledge effec- tively and creatively. However, this egali- tarian group approach challenges tradi- tional departmental structures and hierarchical decision making. Additionally, in the third challenge, these trends combine to accentuate the tension between the two different per- spectives. The first set of trends involves an increasing emphasis on citizen en- gagement, accessibility to information, transparency in government, and greater visibility and expectations for mayors. In contrast, the second set of trends increas- ingly emphasizes technical specialization, expertise, and the norms and discipline- based language of the professions. These three challenges= -which paral- lel remarkably closely some enduring questions about the relationship be- tween democratic and bureaucratic per- spectives— provide the backdrop for our further discussion. agement professionals are 1) to assist the governing body and to mobilize the administrative apparatus of local government toward building and maintaining a sense of community --in many instances also acknowledging a regional community; 2) to modernize the organization and deliver services efficiently, openly, and equitably; and 3) to bridge the gaps implied in the challenges: those between community and institutions; hierarchy and teams; and citizens (politics) and experts (professionalism). The primary role is facilitative and -collaborative—with-the. intent.nfincreas- ing mutual understanding and building consensus. It includes helping to develop and nurture: collaborative partnerships, policy- making processes, communica- tion among the professionals in govern- ment and citizens and their elected rep- resentatives, and communication within the organization between diverse profes- sionals and technical specialists. In part, this primary role involves working to identify and remove barriers so others can get their work done and find meaning in that work. Perhaps most important, the role is one of repre- senting political and community per- spectives when necessary and profes- sional and administrative perspectives when that is necessary. All this must be done while still maintaining the man- ager's own personal integrity. While building community, modern- izing the organization, and translating perspectives, the local government pro - fessional confronts conflicting expecta- tions rooted in value differences. On the one hand, community building is based fundamentally on an understanding that values like representation, equity, and rights are necessary, even if not suffi- cient, to build a social contract that obli- gates citizens to the collective good. On the other hand, efficiency—along with 12 MAY 2003 effectiveness —is the fundamental v: that drives modernizing the organ tion and marshals resources toward geted ends. The responsibility of commui building requires working through c flicts among these four values —rel sentation, social equity, individ rights, and efficiency—a time -consi ing and unavoidable process that de the expectations for faster, more resp sive, and less costly government. These values are more than a me to an end. In democratic governm they are ends in themselves. They fundamental to democracy, and in sense alone they provide a foundal for any public service profession. As thor Donald Schon asserted years ag< an unstable era, values provide iden ----- continuity,-- and- -stability.4-And –for management professional in situati of political and technological flux question the traditional role expe tions, values are an anchor for le macy and credibility.- giti- Competencies x In summary, the contemp ary chal- lenges of local government m �. agement can be described as follows: He or she must lead facilitatively and collabora- tively in order to help build and maintain a sense of community and respect for public life, as well as to modernize an or- ganization of divergent perspectives and conflicting values. This is a mouthful, but we think it captures in one sentence the essence of what local government profes- sionals do. What competencies are needed in order to respond effectively to these challenges? Donald Wolfe has invested fruitful effort in thinking and writing about the nature of professional competence in the applied behavioral sciences.6 Wolfe has drawn these conclusions about competence: Competence always has a context. Producing a desired re- sult always involves a relationship between factors in the person and in the situation. What a person may be able to accomplish in one situation may be more difficult, if not impos- sible, in another. Thus, aspiring learners — whether managers or their staff —need models that can lead to understanding in a wide vari- ety of environments. They need ex- posure and practice in a variety of situations. Competence is rooted in a knowledge base and in ana- lytical skills. The able professional thinks hard about what he or she is doing and must be able to move back and forth between concrete realities and the abstract theories that give meaning to the situation. On this point, Donald Schon has observed that effective professionals are not ex- perts because they diagnose, apply knowledge, and evaluate. They are experts because they can engage the complexity, uncertainty, and unique- ness of a situation and probe and ask questions until a decision - making framework emerges. • Competence and values are Inevitably Interdependent. Wolfe argues that we value what we can understand and that our values are modified by changes in the way we construe the world. Most likely, what is meant here is that untested values are more rhetorical than be- havioral guides and that a person's values are indeed shaped by his or her experiences, even as they provide guidance to ways of thinking and acting. There also is an instrumental relationship between competence and a value system that guides the use of that competence. "We value the competence because it enables the creation of valued outcomes." And it might be added that valued outcomes are those that give an indi- _._vidual's life meaning - - - - -- - -_ _ - -- • Competence involves the whole person. "To treat knowl- edge and skills as tools to be picked up and added on would be to miss the creative adaptation and incorporation of such skills into a unified personal style. The development of a profes- sional identity involves the integra- tion of many different factors (knowl- edge, skills, values, personal strengths, and propensities) into an organic whole that gives the professional's competence fluidity and creativity." Wolfe's ideas have provided the guid- ance necessary for us to connect the re- sponsibilities, roles, and values of con- temporary local government managers with their competencies. The accompanying figure summa- rizes the responsibilities, roles, and val- ues that underpin the professionalism of the contemporary city or county ad- ministrator. Augmenting the figure, we have identified what we consider the elements of competence associated with the responsibilities, roles, and val- ues. The figure and competencies should be viewed as complements to the 17 practice areas ICMA has identi- fied as the core of professionalism in local government. PUBLIC MANAGEMENT 13 Responsibilities Roles Values • Community building. • Facilitate. • Representation. • Modernizing the organization. • Build partnerships. • Efficiency. • Closing gaps in divergent • Individual rights. perspectives. • Social equity. Competencies: Knowledge, Skills, and Talents; Emotional and Personal Attributes Knowledge about change • Understanding the dynamics change and stability. • Understanding the planning change. Connecting the work of the govern- ing body with that of the professional staff. Recognizing and promoting oppor- tunities for adopting best practices. Influencing people effectively toward organizational goal achievement. Skills and talents related to values of education of Based on the figure then, what are the specific areas of knowledge, skills, and Knowledge about oneself talents, as well as emotional and per- • Understanding the way in which per- sonal attributes, that a local government sonal attributes influence how a per - professional needs to develop? son chooses and fulfills his or her roles. • Knowing the difference between fa- Knowledge cilitative and authoritative ways of -- - - - - -- - - - -- - - -- - - -- - -h'lfillngthat- -person's- roles.-- - - - - -- Knowledge of the political and Understanding how values influence policy arenas • Understanding the role of the gov- erning body and the staff in commu- nity building. • Understanding the role of the local government in e elping to build and maintain a sens of community. • Understanding unpact of region- alism and broade forces on commu- nity building. • Understanding the differences among political, administrative, and community perspectives and the policy- making processes where these divergent perspectives come into play. • Understanding how these values con- tribute, individually and in combina- tion, to community building. Administrative knowledge • Understanding how modernization and making information accessible to citizens affects expectations about local government processes. • Knowledge of better practices. • Understanding how these values an- chor democratic government and successful relationships between elected officials and professional std 0 14 Ok ra Cd�aft Fl* (3' u a manager's perceptions, including problems worthy of effort, appro- priate solutions, and standards of evaluation. Skills and Talents Political and policy skills and talents Bringing the right people together for problem - solving purposes and then fostering a climate that promotes trusting relationships, loyalty, and commitment. • Articulating unspoken values and perspectives. • Helping to identify and state problems in ways that facilitate decision making, learning, and change.. Being able to identify partnership opportunities. • Resolving and managing conflict. • Being able to articulate and translate political, administrative, and com- munity perspectives. • Being able to educate others about the way government works. Adminlstrative skills and talents • Developing cooperation and collabo- ration among departments and gov- ernmental units. • Communicating and serving as a model for the value of public service. • Expressing the values that provide a foundation for public service. • Encouraging the development of or- ganizational values consistent with those of the community. • Challenging community values when they are narrowly defined. • Being able to educate others about the - -value- implications- of- theiuhoices. Emotional and Personal Attributes According to author Edgar Schein's re- search, there are essential traits that characterize the effective manager:? • Capacity to be stimulated by emo- tional and interpersonal issues and crises, rather than become exhausted or worn down by them. • . Capacity to bear high levels of re- sponsibility without becoming paralyzed. • Ability to exercise power and make difficult decisions without guilt or shame. • Capability of absorbing the emo- tional strains of the uncertainty of in- terpersonal conflict, responsibility, and other stressors. Donald Wolfe's research concluded that a public manager needs to have:' A spirit of inquiry into how things re- ally work, including a commitment to one's own learning and growth. An integration of one's personal self —who the person is —into one's professional work. A commitment to public service values. MAY 2003 • 'The capacity to function indepen- dently without limiting one's ability to collaborate. Today's local government profes- siorial is not expected to be superhuman ... or so we hope. However, the widely - varied - knowledge,, - skills; - talents; aztd personal attributes that appear neces- sary for success certainly encompass enough breadth and depth.to involve a willingness to grow continually and to learn from others through one's entire career.CM 'This article is taken in p «_ from John Nalbandian, "Educating the C' ,Manager of the Future," which was pub i hed in H. George Frederickson and John Nalbandian, eds., The Future of Local Government Admin- istration: The Hansell Symposium (Washing- ton, D.C.: International City/County Man- agement Association, 2002). A version of the original article also was prepared at the re- quest of the American Society for Public Ad- ministration (ASPA) as input into its 2002 -2003 strategic planning process. 2Frieder Naschold with Glenn Daley, "Learning from the pioneers: Modernizing Local Government, Part 1," International Public Management Journal, Vol. 21, No. 1 (1999), pp. 25-51; John Nalbandian, "Facili- tating Community, Enabling Democracy: New Roles for Local Government Managers, Public Administration Review; Vol. 59 (May/ June 1999), pp. 187 -198. 3H. George Frederickson, Steven May- nard- Moody, and John Nalbandian, "How City Officials Face the Community." Unpub= lished manuscript: (Lawrence, Kansas: De- partrnent of Public Administration, Univer= sity of Kansas, 2002)' . 'Donald A. Schon, Beyond the Stable State (London: Maurice Temple Smith, 1971). . 5John Nalbandian, "The Manager as Po- litical Leader: A Challenge to Professional- ism?" Public Management; Vol. 82 (March 2000), pp. 7 -12. 6Donald M. Wolfe, "Developing Profes- sional Competence in the Applied Behav- ioral Sciences," in Eugene Byrne and Douglas E. Wolfe; eds., Developing Experiential Learn- ing Programs for Professional Education; Se- ries called New Directions. for Experiential Learning, No..8 (1980), pp. I -17. 7Edgar H. Schein, Career Anchors, revised edition (San Diego: Pfeiffer and Company, 1993), "Donald M. Wolfe, op. cit. John Nalbandian is professor of public ad- ministration in the department of public administration, University of Kansas, Lawrence, Kansas, and a former court- -c-i member and- mayor.- 0arol- Niaandian- is a management consultant in Lawrence: Having Trouble Managing Accountability? S IpMA Can Help! 5 5 c� 5 The need to increase accountability, or Return on Investment (ROI), among all 5 5 areas_ of an organization is on. the rise in the public sector. 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To order, contact the 5 IPMA Publications Department at, '(703) 549= 7100.Or,. send, us an e-mail. at: 5 Cj publications @ipma- hr.org. Please indicate order code Rol -PS when placing Cj 5 your order. 5 5 International Personnel Management Association 1617 Duke Street; Alexandria;, VA 22314 5 'M tel:703- 54977100 6 tax: 703-684 -0948 5 5 email: Ipma @ipma - hr.org web: www.lpi ia. -hrorg 5 Samcwe:ICM-RO, 5 PUBLIC MANAGEMENT 15 City of Palm Beach Gardens Council Agenda August 7, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 sra"a : 7: rn r. ".w : 1:09 ✓ Mayor Jablin ✓Vice Mayor Sabatello Council Member Clark x Council Member Russo X Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING August 7, 2003 7:00 P.M. . I. PLEDGE OF ALLEGIANCE � II. ROLL CALL ., III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: ,/ a. B & E Brochure and Catalina Lakes Beautification Award „/ b. Recreation Brochure and Customer Service Survey W, V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: a. CIP completed projects ✓ VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Aizenda, please submit request form to the City Clerk prior to this Item) ./ VIII. CONSENT AGENDA: q a. Consideration of approving Minutes from the July 3, 2003 Regular City Council � Meeting. q. b. Consideration of approving Minutes from the July 17, 2003 Regular City Council Meeting. C. Resolution 115, 2003 — Appointing one regular member and clarifies terms of a previous appointment to the Fire Fighters' Pension Fund. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing a member to the Board of Trustees of the City of Palm Beach Gardens Fire Fighters' pension plan; clarifying the terms of a previous appointment to the board; and providing an effective date d. Resolution 128, 2003 — Mobil Data Terminal Communications. A Resolution Of The City Council Of The City Of Palm Beach Gardens, Florida Awarding a contract to Bellsouth Telecommunications, Inc. to upgrade communications transmissions for mobile data terminals (MDTs); and providing an effective date. e. Resolution 131, 2003 — Award of Bond Counsel contract to Adorno and Yoss. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement with Adorno & Yoss, P.A. to provide Bond and Disclosure Counsel Services; and providing an effective date. f. Resolution 132, 2003 — Award of Financial Advisor contract to Spectrum Municipal Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement with Spectrum Municipal Services, inc. to provide Financial Advisory Services; and providing an effective date. g. Resolution 133, 2003 — Consideration of approval of an agreement for the installation of Traffic Signal Mast Arms located on the Northwest and Southwest corners of the intersection of Military Trail and Burns Road between the City of Palm Beach Gardens and Vision 1 Homeowners Association, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for the installation and maintenance of the Mast Arm Traffic Signals between the City of Palm Beach Gardens and Vision 1 Homeowner's Association, Inc. and providing an effective date. IX. PUBLIC HEARINGS: PART I — QUASI- JUDICIAL PART H — NON QUASI- JUDICIAL a. Ordinance 20, 2003 - Architectural Design Guidelines LDR Change (Second reading). An Ordinance of the City Council of the City Of Palm Beach Gardens, �d= Florida relating to Architectural Design Guidelines for non - residential q. D development; creating a new section 78 -192, Code Of Ordinances to be entitled "Architectural Design Guidelines for Non - Residential Development "; providing for codification; and providing an effective date. X. RESOLUTIONS• a. Resolution 130, 2003 — Quit -Claim Deed from the NPBCID for the lake parcels at oS�l Downtown at the Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a Quit -Claim deed from the Northern Palm ID Beach County Improvement District for the Lake parcel at Downtown at the Qps Gardens; authorizing the Mayor and City Clerk to execute a Quit -Claim deed in favor of Downtown at the Gardens, LLC for the Lakes parcel at Downtown at the Gardens; reserving rights for the public to access and use the Lake parcel; and providing an effective date. b. Resolution 134, 2003 — Dialogic Communication Community Notification P _ J System (reverse 911 system). A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract for the purchase and installation of a Community Notification System to Dialogic Communications Corporation; and providing an effective date. XI. ORDINANCES: (For Consideration on First Reading) XH. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. City Manager Performance Review, XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based NOTE: All presentation materials must be received by the City Clerk prio r to the presentation to the Council. U m •U ao WV O cr L Q Cl) O CZ y G 7 G a I.L O M U w m -0 •L � a a z Q U cn grn U .S E C L }r 0 Q � 0 O Qm O E N 0 L U C H L 0 o co � L _a) Q +�+ I 0 � U � a U � � O N •L L 10 0 O i N (� c co -OO N � O O r N E_ 0 E O 0 0 E N aU H J m .0 a O WV I- v a L Q O CZy G � GM LL O U L � a Z Q U N grn U O .0 1 E .Oc L 4-1 Q Q Q N O V c t E O CO � L L O N Q 4J � U � EL V E m O N 'L L 0 g ��0 CL � � o .c N o � 0 U H U ao WV �M cr"D LL Q O Z *' w aNi C 3 G � o CC U �A c� a � � v t 9V U E aNi C L � o Q C O N E V E E W N o ~ s E rn 0 M Ca .0 a�oi o a� = y o � U y a v E � N N -0 0 N coax (D ca 0 0 .0 N o E o E m a• U H c •L N *' a Z a U N 9V U E aNi C L � o Q C O N E V E E W N o ~ s E rn 0 M Ca .0 a�oi o a� = y o � U y a v E � N N -0 0 N coax (D ca 0 0 .0 N o E o E m a• U H j CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 August 7, 2003 The Palm Beach Post 2751 South Dixie Highway West Palm Beach, Florida 31405 Attn: Mr. Tom Collins, Staff Writer Dear Mr. Collins: At the direction of the City Council, I am enclosing for your information and record a copy of a letter dated August 7, 2003 faxed to the City of Palm Beach Gardens. This letter was provided by Leonard G. Rubin, Esquire for the members of the City Council, City Manager and City Attorney. If you have any questions, please do not hesitate to contact my office. Sincerely, Patricia Snider City Clerk cc: Mayor /Council Ron Ferris, City Manager Christine Tatum, City Attorney CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 August 7, 2003 The Palm Beach Post Jupiter Park Commerce 1838 Park Lane South Jupiter, Florida 33458 Attn: Sarah Eisenhauer, Staff Writer Dear Ms. Eisenhauer: At the direction of the City Council, I am enclosing for your information and record a copy of a letter dated August 7, 2003 faxed to the City of Palm Beach Gardens. This letter was provided by Leonard G. Rubin, Esquire for the members of the City Council, City Manager and City Attorney. If you have any questions, please do not hesitate to contact my office. Sincerel Patricia Snider City Clerk cc: Mayor /Council Ron Ferris, City Manager Christine Tatum, City Attorney Ghd eY�BMW �sa CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 August 7, 2003 The Palm Beach Post 2751 South Dixie Highway West Palm Beach, Florida 33405 Attn: Mr. Joel Engelhardt Dear Mr. Engelhardt: At the direction of the City Council, I am enclosing for your information and record a copy of a letter dated August 7, 2003 faxed to the City of Palm Beach Gardens. This letter was provided by Leonard G. Rubin, Esquire for the members of the City Council, City Manager and City Attorney. If you have any questions, please do not hesitate to contact my office. Sincerely, G' Patricia Snider City Clerk cc: Mayor /Council Ron Ferris, City Manager Christine Tatum, City Attorney 08/07/2003 16:37 ij 1 BOOSE CASEY CUQIN LUBITZ MARTENS MCBANE & O'CONNELL 515 North Flagler Drive -- Suite 1700 West Palm Beach, Florida 33401 Phone- (561) 832 -5900 Fax: (561) 820 -0381 NO. 214 901 jzdoi Cyr'! 08- 07- 03P05:01 RCVD i i Faxt r a n s m i t t a1 To: Patty Snider, City Clerk 799 -4124 Christine Tatum, City Attorney 799 -4139 i Re: Letter to City Council Matter #: 37845 From: Leonard G, Rubin, Esquire 1 Date: August 7, 2003 No, of Pages: 3 COMMENTS: Patty: j Please distribute the attached letter to the Mayor, City Manager and members of the City Council. Thank you. Len I THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE 15 ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE_ IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPY OF THIS COMMUNICATION 155 STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THMK YOU. 16:37 NU.d14 Loud 'Aw Ome" SOOSE CASEY CIKUN LU8rr2 MARrEN5 MCBANE & O' CONNELL A r'AR IWERSNw+ tNCLAWINO PROTClStONAI AS=OCtATION= NORI"SRMM TOWER i - 19' FLOOR 514 NORTH F6AOLER DRIVE WE=T PALM 9P.ACN, ►IARmA 1134Qt MAILMO AOORUD P.o. eox 4626 WE=T PALM RrACN, PWRtpA 3W24626 TELEPMONE� (561)e32 -SWO WONARD G. RuBiN' '90SR0 COT S® arc. C01b#W AMD LOCAL WARtWENT hAWnA August 7, 2003 Via Facsimile Transmission Mayor Eric Jablin City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Mayor Jablin: TIXVWONE: (561) 832 -5800 YELECOMER: (561) WO -0381 I have been advised that the members of the City Council have raised certain questions regarding a quote that appeared in a July 6, 2003 Palm Beach Post article. The quote at issue related to the extent of Councilman Sabatello's property holdings within the Mirasol PCD. As a matter of clarification, my conversation with the reporter from the Palm Beach Post was limited to explaining certain legal memoranda relating to voting conflicts I prepared during my tenure as City Attorney. During this conversation, I in no way stated or implied that Councilman Sabatello had been untruthful or misleading in any way with respect to his company's interest in Mirasol. As this Council is well aware, the determination of whether a particular vote inures to a public officer's special private gain, and therefore constitutes a statutory voting conflict, is very fact - specific and depends largely upon the size of the class of persons affected by the vote. The one memorandum I issued on this particular issue related to the purchase of a "specific, identifiable parcel for which a site plan ha[d] already been approved." Due to his company's very limited interest in Mirasol, I concluded that Councilman Sabatello was not required to abstain "from every vote relating to the approval of plats, parcels and site plans within the Mirasol PCD." To the best of my knowledge, Councilman Sabatello adhered to the recommendations contained in that memorandum. �i eB/07/2003 1637 N0.214 903 Mayor Eric Jablin August 7, 2QQ3 Page 2 i trust this letter satisfies the Council's concerns. Should your have any additional questions, please do not hesitate to contact me, Sincerely yours, LGR:Ib cc: Members of City Council Ronald Ferris, City Manager Christine Tatum, City Attorney Leonard G. Rubin %c 0'401-�c- aA,�,f. aj*.eA i& Crew -W-r oqqF+tc 7b ✓►vLkc Cu 1 4 IkAd t, CIS A'TrW,,� v- CA i 64.tlC .. �+� wow lo� i3 P►%y ; r� ✓P v.�, �s CITY OF PALM BEACH GARDENS CITY COUNCIL LIAISONS *Joseph Russo requested that Eric Jabfin attend these' meetings whenever possible as the new Mayor. * *Memo dated June 3,2002 on file in the City Manager's and City Clerk's office. 2001/2002 2002/2003 2002/2003 2003/2004 2003/2004 Board ( Appointee Appointee Alternate Appointee Alternate Art Advisory Committee Eric Jablin Eric Jablin - Eric Jablin - - - - - -- Art Task Force I Eric Jablin Eric Jablin - - - -- Eric Jablin - - - - - -- Beautification & David Clark David Clark -- - - - - -- David Clark -- - - - - -- Environmental Budget Oversight Committee Joseph Russo_ -------- Joseph Russo -- - - - - -- Intergovernmental Issues David Clark David Clark- - ---- -- David Clark Mwn-E fiant Education Advisory Board Eric Jablin Eric Jablin ---- - - - - -- Eric Jablin -- - - - - -- Gardens United *Joseph Russo - -- Joseph Russo Annie Delgado Loxahatchee River David Clark David Clark Annie Delgado David Clark Annie Delgado Coordinating Council Loxahatchee Council of David Clark David Clark -- - - - - -- David Clark - - - - - -- Governments Municipal League Ronald Ferris Ronald Ferris -- - - - - -- Annie Delgado Ron Ferris North County Eric Jablin - Eric Jablin Intergovernmental Northlake Boulevard Lauren Furtado Annie Delgado Ron Ferris Annie Delgado Ron Ferris Task Force Charles Wu Charles Wu Talal Talal Benoth_ m_ an Benothman North County Economic Joseph Russo Joseph Russo ---- - - - - -- Joseph Russo -- - - - - -- Advisory Board Seacoast Utility Authority Carl Sabatello I Carl Sabatello --------- Carl Sabatello --- - - - - -- P.B. Co. Metropolitan Lauren Furtado David Clark Joseph Russo David Clark Annie Delgado Planning Planning & Zoning Commission Carl Sabatello Carl Sabatello ----- - - - - -- abatello Carl Saba' ---- - - - - -- Recreation Advisory Board Joseph Russo die Delgado ----- - - - - -- Joseph Russo ----- - - - - -- Honda Classic Committee --------- - - - - -- --------- - - - - -- ----------- Joseph Russo ----- - - - - -- Blue Ribbon Committee --------- - - - - -- --------- - - - - -- --------------- Eric Jablin ----- - - - - -- *Joseph Russo requested that Eric Jabfin attend these' meetings whenever possible as the new Mayor. * *Memo dated June 3,2002 on file in the City Manager's and City Clerk's office. 08/07/2003 16:37 s 41 1 n BOOSE CASEY CpalN LUBrrz R� W6 MARTENS WBANE & 09CONNELL �rlT 13y Gm �4s7a�" r'f • 515 North Flagler Drive - Suite 1700 6W 0 3 West Palm Beach, Florida 33401 P1 Phone- (561) 832 -5900 Fax: (561) 820 -0381 NU. d14 W171 08- 07- 03P05:01 RCVD 1 Faxt To: Patty Snider, City Clerk 799 -4124 Christine Tatum, City Attorney 799 -4139 i Re: Letter to City Council Matter #: 37845 From: Leonard G. Rubin, Esquire Date: August 7, 2003 No. of Pages: 3 COMMENTS: Patty: j Please distribute the attached letter to the Mayor, City Manager and members of the City Council. Thank you. Len i THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTUIL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPY OF THIS COMMUNICATION 13 STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE THANK YOU. C 08/07/2003 16:37 LA* ORFCtT, GOOSE CASEY CIKUN LUSffZ MARTENS MCBANE & O'CONNELL A PARWERS"01 MCUJO1N0 PROFESNONAL ASSOCy►TONS NORP46RIWA TOWER 1 - le FL0011 std WWN FLACLER DAFVC WCST PALM BEACM, ►LOR/DA 33M01 MAAUNO AOORM?SS P.O. OOX 4826 wE6r PALM SEAC#+. C1.ORICA 334024626 TELEPHONE' (SSI)932 -SM LEONARD 0. MAW 'Ookft Cen Fm On. COUWTV AND LOCAL WM44 MEW Lgwr R August 7, 2003 Ara Facsimile Transmission Mayor Eric Jablin City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Mayor Jablin: 10.214 v02 TUEMONE: (561) 832 -5900 7EL.ECOPWR: (561) $20 -03a1 1 have been advised that the members of the City Council have raised certain questions regarding a quote that appeared in a July 6, 2003 Palm Beach Post article. The quote at issue related to the extent of Councilman Sabatello's property holdings within the Mirasol PCD. As a matter of clarification, my conversation with the reporter from the Palm Beach Post was limited to explaining certain legal memoranda relating to voting conflicts I prepared during my tenure as City Attorney. During this conversation, I in no way stated or implied that Councilman Sabateilo had been untruthful or misleading in any way with respect to his company's interest in Mirasol. As this Council is well aware, the determination of whether a particular vote inures to a public officer's special private gain, and therefore constitutes a statutory voting conflict, is very fact- specific and depends largely upon the size of the class of persons affected by the vote. The one memorandum I issued on this particular issue related to the purchase of a "specific, identifiable parcel for which a site plan ha[d] already been approved." Due to his company's very limited interest in Mirasol, I concluded that Councilman Sabatelto was not required to abstain 'from every vote relating to the approval of plats, parcels and site plans within the Mirasol PCD." To the best of my knowledge, Councilman Sabatello adhered to the recommendations contained in that memorandum. 08/07/2003 16:37 NO.214 993 Mayor Eric Jablin August 7, 2003 Page 2 I trust this letter satisfies the Council's concerns. Should you have any additional questions, please do not hesitate to contact me. Sincerely yours, Leonard G. Rubin LGR:lb cc: Members of City Council Ronald Ferris, City Manager Christine Tatum, City Attorney CITY COUNCIL MEETING 08/07/03 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: NONE DELETIONS: NONE MODIFICATIONS: Resolution 130, 2003 Downtown at the Gardens — Quit Claim Deed Alan Ciklin fazed the following letter (which has been provided for each member of Council) that states: My Clients have decided to request a postponement of the above - referenced matter scheduled for consideration at the August 7th City Council meeting. Please postpone the consideration of this matter to the next regularly scheduled meeting of the Council. Mayor: Motion to postpone to the August 21s` City Council meeting. M/07/2003 11:37 N0.187 August 7, 2003 VIA FAX 799 -4139 Christine Tatum, Esq. City Attorney City of Palmy Beach Gardens 10500 No. Military Trail Palm Beach Gardens, Florida 33410 Re: Request for Postponement of Resolution 130 -2003 Downtown At The Gardens Quit Claim Deed '.• Dear Chris: My clients have decided to request a postponement of the above- referenced matter scheduled for consideration at the August 7d' City Council meeting. Please postpone the consideration of this matter to the next regularly scheduled meeting of the Council. Thanks for your help. 33530 cc: James Maher (748 -8198) Don Hearing (747 -1377) 143 LAW OPPICES BQOSE CASEY CIKLIN LUgrrz MARTENS MCBANE & O'CONNELL A PARTNERSHIP INCLUDINO PROPESSIONAL AeSOCIAT1ONe JOSEPH L. ACKERMAN. P.A. RICHARD A. JAROLFM PHILLIP 0. O'CONNa1, SR. (1 907 -1 08 71 LINDA DICKHAUS AGNANY, P.A. BRIAN V. JOSLYN. P.A. LOUIS R, MCBANE (RETIRED) BRUCE G. ALE)UNPER. P.A. OREGORY B, KINQ. P.A. _ JERALD S. BECO, P.A. M. DANIEL LOGAN OF COUNSEL V41LLAAM R. 8008E, MI. PA. CFUWLES A. LU5IT7, P.A. W. JAY MUNSTON. JR.. P.A. JOHN D. BOYKIN, P.A. RICHARD L. m^AWNS. P.A. MICHAEL, J. KENNEDY. P.A. PATRICK J. CASEY, P.A. DANA EARLS MCPHERSON JOHN L..REXSF -M RICHARD R. CHAVES BRIAN M. O'CONNELL, P.A. LEONARD O. RU91N PAYRICLA H. CHRIS7IANSEN. P.A. PHIL D. O'CONNELL. P.A. ALAN J. CIKL IN, P.A. CHARLES L. PICKETr S IS NORTH FLAMER DRIVE, STE. 1900 ROBERT L. CRANE, P.A. MATTHEW N. 714IdAUT WEST PALM BEACH, FLORIDA 3 340 1 -4343 RONALD E. CRFSCENYO, P.A. DEAN WOOSEN. P-L. P.D. BOX 4828 RObUKT C. DOAN GARY WALK, P.A. TELEPHONE: [56 1) 832 -5900 JEFFREY W. GABBER JOHN R. YOUNG, P.A. PACSIMILfi: 456 11 BE003a I JA50N S. HA5ELKORN, P.A. August 7, 2003 VIA FAX 799 -4139 Christine Tatum, Esq. City Attorney City of Palmy Beach Gardens 10500 No. Military Trail Palm Beach Gardens, Florida 33410 Re: Request for Postponement of Resolution 130 -2003 Downtown At The Gardens Quit Claim Deed '.• Dear Chris: My clients have decided to request a postponement of the above- referenced matter scheduled for consideration at the August 7d' City Council meeting. Please postpone the consideration of this matter to the next regularly scheduled meeting of the Council. Thanks for your help. 33530 cc: James Maher (748 -8198) Don Hearing (747 -1377) 143 xn o� v L � N N � L 7 � 0 V 0 A 0 • P, xn CA) xn xn i5 O� O� N • % xn o� V i5 o� L O M c� V FII-,� to s � O � L s � O c� V FII-,� xn L O C U +,ly m y� i IE X17 G3 - F #� 7 i� - - 3 S Y� 41 4 � 99�III a � E � a C _ vU9 ` IE 3 4 O a ik _ w L R � y y 4 w � �s c 3 � r S qo a i° _a vs 1 � rJ e5 0 4 g o x y� 4 s x 5 _ 3 -.L � ]8 d O L I Y y 51 � sl ik _ w L R � y y 4 w � �s c 3 � r S qo a i° _a vs 1 � rJ e5 L 0) O xn V 0 c o� L U N DC >1ob o� L 7 o� U L N 1T�1i � � � � . k � i ) a � a k g � 2 � � § ! \ � � � J � � t \�ngO ❑�Oqq k - \ } ! t ! ! } § ' / ®_ !] J -3 } ! -l55 m6 e 0 r-E O L 0 O L L J 0 ^ V V O L 0 O L FII-,� �l'1 i o� L c� �, s V C3 N m C� 0) L S V O L m v CITY OF PALM BEACH GARDENS D E C E� V E Personnel Action Form T AUG 2003 DE EMPLOYEE NAME: PA Administration R: 12 APPOINTMENT pr ('nt LK NE: ❑ NEW EMPLOYEE _ I 1 E- O i � R ❑ PROBATIONARY FULL -TIME ❑ REHIRE ❑ TEMPORARY FULL -TIME STARTING DATE: ❑ TEMPORARY PART -TIME POSITION: ❑ RESERVE 'PAY RATE: $ / STEP: ❑ VOLUNTEER 'ANNUAL SALARY FOR FULL -TIME EMPLOYEES `HOURLY RATE FOR PART -TIME EMPLOYEES CHANGE OF STATUS EFFECTIVE DATE: February 1, 2003 ❑ PROMOTION ❑ DEMOTION ❑ TRANSFER ❑ OTHER ❑ GENERAL INCREASE 12 MERIT INCREASE 6 % ❑ STEP INCREASE ❑ COMPLETED PROBATION ❑ EXTEND PROBATION ❑ RECLASSIFICATION CURRENT STATUS: RECOMMENDED STATUS (IF DIFFERENT): JOB CODE: 1001 a JOB CODE: 1001 _99 POSITION: City Manager POSITION: Ci_t)j Managp-r PAY RATE: $ 1430821 _ 00 / yr� PAY RATE: $ 152,450-60 / yr_ STEP: DIVISION: STEP: DIVISION: SEPARATION EFFECTIVE DATE: ❑ RESIGNATION - Letter from Employee Attached ❑ QUIT - Give Comments Below ❑ DISCHARGED - Give Comments Below ❑ LAYOFF ❑ END OF TEMPORARY APPOINTMENT ❑ RETIRED ❑ OTHER - Give Comments Below SUSPENSION (Give Comments Below) ADMINISTRATIVE LEAVE (Give Comments Below) ❑ WITH PAY DATES OF SUSPENSION: ❑ WITH PAY DATES OF ADMINISTRATIVE LEAVE: ❑ WITHOUT PAY FROM: TO: ❑ WITHOUT PAY FROM: TO: COMMENTS: A1*0V j a5 44 Z4 laelZ /YI E,N 7-7 _� Ar' Ther 44c"i ice? a a3 4,,24St ofP' aAici C .�YJ� r •L Lr SIGNATURES: DEPARTMENT HEAD: DATE: d HUMAN RESOURCES DEP -. DATE: / CITY MANAGER: DATE: INPUT BY: HUMAN RESOURCES: PAYROLL: INSTRUCTIONS: Supply all information pertinent to the action. Forward ALL copies through appropriate channels to Human Resources Office. Approved copies will be returned. Attach performance review dated within preceding six months when action involves salary change. DISTRIBUTION (1) White - Human Resources; (2) Yellow - Department; (3) Pink - Employee (4) Gold - Finance Revised: 2 -15 -2000 CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/l/03 stonmwater drainage pipe to Advanced Drainage Systems, Inc.; and providing an effective date. f. Resolution 86, 2003 — Quasi- Judicial Procedures. A Resolution of the City Council of the City of Palm Beach Gardens, Florida repealing Resolution 45, 1999 relating to policies and procedures for consideration of development petitions; adopting new procedures relating to Quasi - Judicial public hearings; and providing an effective date. g. Resolution 88, 2003 — Re- appointment of nine members to the Municipal Complex Art Task Force. A Resolution of the City Council of the City of Palm Beach Gardens, Florida re- appointing nine (9) members to the Municipal Complex Art Task Force; providing for conflicts; providing for severability; and providing for an effective date. h. Proclamation — Equal Pay Day i. Proclamation — Civility Month Councilmember Delgado presented to the State and local presidents of the Business and Professional Women's Club the Equal Pay Day Proclamation. ITEMS FOR COUNCIL DISCUSSION AND ACTION: Discuss the request by the Northlake Boulevard Task Force to contribute $10,000 toward errant writing and administrative costs for Northlake Blvd. Streetscape Project; and the Joint Planning Agreement between the City and the County to take over the planning. zoning, and permitting activities for unincorporated County along Northlake Boulevard. Growth Management Director Charles Wu provided staff comments, which included a brief history of the task force, the approved streetscape plan, completion of drawings, and the decision to use available grants for construction. Mr. Wu provided information on contributions from the other cities, grant funding, phasing of the project, maintenance, and future options. Mr. Wu presented comments on the joint planning agreement between the City and the County, and advised that the staff recommendation was to move forward. Discussion ensued. Charlie O'Meilia, Vice Mayor of North Palm Beach and President of the Northlake Boulevard Task Force, provided comments and answered questions from the City Council. Michael Redd, Michael Redd & Associates, designers for the task force, suggested changing the order of phasing by going directly to phase 4 after completion of phases I and 2. Interlocal annexation parcel by parcel and code enforcement was discussed by Commissioner Karen Marcus. Jason Nunmaker of Lake Park indicated they would contribute their fair share. Consensus of the City Council was to move forward with the $10,000 contribution. Members of the City Council indicated they would favor changing the sequence of the phasing if presented by the committee. Councilmember Delgado indicated she did not favor the $10,000 contribution. Councilmember Clark made a motion that the City advance their $10,000 share for funds for the grant writer for Northlake Boulevard Task Force. Councilmember Russo seconded the motion, which carried 3 -1 with Councilmember Delgado opposed because she did not feel it was needed with the money that was already there. CcoAl was absa,,T F,,. 'iL- v``K 1 RESOLUTIONS: Resolution 83, 2003 Military Trail Grant —Waive Building Permit Fees. A Resolution of the City Council of the City of Palm Beach Gardens, Florida relating to the "2003 Military Trail Beautification Grant Project "; providing for the waiver of all applicable building permit fees Eric: Charles, have you considered doing a JPA with the properties West of Military Trail. The reason for that is for Code Enforcement mostly. As probably all of us that live West of Military Trail know that if you go out Military Trail, Northlake Blvd. it's off the car dealership out there they love to put cars, trucks and all other kinds of stuff and boats up for sale and I know I have asked Kelvin on many an occasion to call the County and ask, but you know they are over - burdened. Anyway, do you have any concerns about that? Charles: a couple of things to give you some history, relating to the western corridor the JPA with the County and the City of West Palm Beach 3 entities we did I believe maybe 5 — 6 years ago and that is a little broader and talks about planning activities whenever we adopted a general plan in our comprehensive plan, I believe the City Council also adopted that plan in addition to amendments to the comp plan. So we have a plan for the Western Corridor. We have policies in the comprehensive plan that says that we need to work together. What happens is a little bit different from this is that whenever you have a jurisdiction that wants to have a project by a developer that jurisdiction is obligated to share information with the adjacent municipalities and adjacent municipalities need to object, review and offer input etc. That is, the tradition says of the planning agreement. Furthermore what we are trying to do here is be more aggressive is we are taking over those activities. Staff would be shy to say that to take that upon right now if you would like to do this I would like to this first and see how it goes off for 2 —3 years, we would look at staffing and then take on more challenging areas. Dave: I think Charles if you are talking about the far Western portion? Charles: Yes. Dave: I think the stretch between Military Trail and the Beeline Highway, which primarily is for example (Charles interrupted) Charles: that I believe is covered by that agreement so that is in- between. Eric: it is not? Charles: It is not. Eric: That is why I was asking the question if we would consider doing that to me Code Enforcement is the biggest issue there. Joe: the concern 1 have is cost to Code Enforcement. I agree with the joint planning but my only concern is what is it going to cost for Code Enforcement. I know our Code Enforcement Department is always stretched every time we see Code Enforcement issues, so my only question would be is how are we going to take more on when we can't handle what we got to begin with. I don't need an answer now, but that's my concern. I agree with the joint planning because I think that makes a lot of sense and I would also agree with Code Enforcement if I thought we had the ability to do it. I don't want to be doing that and then have everything else suffer. Annie: (returning to the dais) you all voted on the $10,000? Eric: Yes we did. Annie: OK because I wanted to vote Nay on that. Eric: OK please let the record reflect that. It wasn't a vote it was a consensus. Consensus is usually a majority. Joe: Mr. Mayor, I'll make a motion to re- consider and give her the opportunity to vote. Eric: we weren't going to do a vote unless you wanted to do a vote. Joe: OK Annie: Well if we didn't vote then what did we do? Eric: We're not going to vote Annie. It wasn't a vote. Many times we do a consensus, we take a pole of the Council and if everyone on the Council or the majority of the Council wants to move forward with a suggestion that's what we do. But if you would rather take a vote then and get it on record I would entertain that. Joe: Well it's an item for Council action. OK Eric: So will someone like to make a motion? Dave: Mr. Chairman move we advance our $10,000 share, pay these funds for the grant writer of the Northlake Blvd. task force. Joe: second Eric: Moved and seconded All in favor Dave, Joe, and Eric: Aye All opposed: Annie Aye Eric: passes 3 -1 NORTHLAKE BOULEVARD CORRIDOR TASK FORCE MEMBERS (03113103) Regular Member Alternate Member Town of Lake Park Town of Lake Park Bill Otterson Paul Garretson 535 Park Avenue 535 Park Avenue Lake Park, FL 33403 Lake Park, FL 33403 (561) 881 -3300 fax (561) 848 -2913 (561) 881 -3300 fax (561) 848 -2913 Regular Member Alternate Member Town of Lake Park Town of Lake Park Jason Nunemaker Paul Carlisle, Public Works Director 535 Park Avenue 650 Old Dixie Highway Lake Park, FL 33403 Lake Park, FL 33403 (561) 881 -3300 fax (561) 881 -3323 (561) 844 -4644 fax (561) 848 -0356 e -mail: Publicworkstp@qgl.com Regular Member — Vice Chairman Alternate Member Village of North Palm Beach Village of North Palm Beach Charles O= Meilia, Councilman Doug Smith, Acting Village Manager 501 U.S_ Highway One 501 U.S. Highway One North Palm Beach, FL 33408 North Palm Beach, FL 33408 (561) 622 -7010 fax (561) 881 -7469 (561) 841 -3380 fax (561) 848 -3344 e -mail: npbclerk(oDvilla_ge- npb.orq e-mail. dsmith0village- npb.or_g Regular Member Alternate Member Village of North Palm Beach Village of North Palm Beach David Norris, Councilman Kristine Frazell, PE, Public Works Director 501 U.S. Highway One 645 Prosperity Farms Road North Palm Beach, FL 33408 North Palm Beach, FL 33408 (561) 841 -3355 fax (561) 863 -3056 (561) 691 -3440 ,.fax (561) 626 -5869 e -mail: npbclerk(aD_vlllage- npb.org e-mail. pwksdiK&village- npb.or_q Regular Member Alternate Member City of Palm Beach Gardens City of Palm Beach Gardens Annie Delgado, Councilwoman Ron Ferris, City Manager 10500 N. Military Trail 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 Palm Beach Gardens, FL 33410 -4698 (561) 622 -3924 fax (561) 799 -4124 (561) 627 -1790 fax (561) 799 -4124 Regular Member Alternate Member City of Palm Beach Gardens City of Palm Beach Gardens Charles Wu, Growth Management Administrator Talal Benothman, AICP, Principal Planner 10500 N. Military Trail 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 Palm Beach Gardens, FL 33410 -4698 (561) 799 -4288 fax (561) 799 -4281 (561) 799 -4233 fax (561) 799 -4281 e -mail: cwuCaanbgfl.com e-mail: tbenothmanOpbgfl.com Regular Member Alternate Member Palm Beach County Palm Beach County Karen Marcus, Commissioner District 1 Patricia Weaver, Administrative Assistant 301 North Olive Street 301 North Olive Street West Palm Beach, FL 33401 West Palm Beach, FL 33401 (561) 355 -2201 fax (561) 355 -3990 (561) 355 -2201 fax (561) 355 -3990 Regular Member Alternate Member Palm Beach County Palm Beach County Ronald Sullivan, RLA, Senior Planner Andy Hertel, Manager, Streetscape Section Zoning Division, PZ &B Department Engineering Department 100 Australian Avenue 160 Australian Avenue West Palm Beach, FL 33406 West Palm Beach, FL 33406 (561) 233 -5214 fax (561) 233 -5202 (561) 684 -4100 fax (561) 684 -4167 e- mail: rsulliva0- co.palm- beach.11.us Note: please e-mail, fax or call revisions to above information to Ron Sullivan U: 1Zoning\BA_ ConlConcur WROJECTSWbcU\TFADRmsw.doc THE VILLAGE OF North Palm Beach 501 U.S. HIGHWAY 1 • NORTH PALM BEACH, ]FLORIDA 334o8 •561 -841 -3355 • FAX 561- 881 -7469 VILLAGE COUNCIL Edward M. Eissey, Ph.D., Mayor Donald G. Noel, Vice Mayor Joseph A. Tringali, President Pro Tem David B. Norris, Councilman Charles R. O'Meilia, Councilman VILLAGE MANAGER Dennis W. Kelly VILLAGE CLERK Kathleen F. Kelly, CMC Mr. Talal Benothman, AICP, Principal Planner 1050 No Military Trail Palm Beach Gardens, Florida 33410 -4698 Mr. Jason Nunemaker, Town Manager 535 Park Avenue Lake Park, Florida Gentlemen: 17 February 2003 The North Lake Boulevard Corridor Task Force is getting close to complying with all Palm Beach'County and Florida Department of Transportation requirements for conceptual permitting of the streetscape construction plans for the corridor. The first phase of construction is to be between U.S. #1 and Southwind Drive With the funding to be by a grant from the Metropolitan Planning Organization. The Task Force has designated the Village of North Palm Beach as the project manager for phase 1 of the construction just as Palm Beach Gardens is the project manager for the design construction plans. The Task Force has received grant writer proposals and is the process of negotiating with the number one ranked firm. The intent is to apply for grants from state and federal agencies so as to complete the streetscape project during the next several years. As in the past, the Task Force is asking the municipal agencies to provide financing for administrative expenses of the Task Force as well as funding for the grant writing program. The Village of North Palm Beach has funded $10,000.00 in the current year budget. Your early consideration of this request will be appreciated. Sincerely yours Charles R. O'Meilia, Chairman, Northlake Boulevard Corridor Task Force Sent By: HP LaserJet 3100; 8817469; Mar -14 -03 16:34; Page 111 0 (7.' Ax/ THE VRA AGE OF 61,00-4)ol, North Palm Beach d Iri // T,�o .�Y 5oi U.S. HIGHWAY t • NORTH PALM 15rAC!t. FLORIDA 3.3408 •541-841 -3355 • FAX 561 -881 -7469 'moo l.a VILL^Cwu COUNCILL Edward M. Eissey, Ph.D., Mayor Donald G. Noel. Vice Mayor Joseph A- Tringali. President Pro Tem David B. Norris, Councilman Charles R. O'Meilia, Councilman VILLAGE MANAGER Dennis W. Kelly VILLAGE CLERK Kathleen F. Kelly, CMC Mr. Charles Wu, AICP Growth Management Administrator 10500 N. Military Trail Palm Beach. Gardens, Florida 33410 Re: (rant Writing Budget FY 2003 Derr Mr. Wu: March 13, 2003 I,A-03PO4.36 REVD 03 This letter is to provide you some background on the letter dated February 17. 2003. related to the request for funding the Grant Writer for the Northlake Boulevard right -of- way landscaping project. On January 8, 2003, the Nort111ake Boulevard Task Force requested that the three (3) participating municipalities contribute $ 10,000 per party for the your 2003 as a continuing effort to administer the grant writer's work as well as other administrative duties. As you are aware, the Task Force is in the process of negotiating a contract with the grant writer. It is anticipated that additional monies will be requested in the future budgets. This is consistent with the interiocal agreement entered into between these purti6pating municipalities and the County. I hope this clarifies the need for this important funding. Sincerely yours, Charles R. O'Meilia, Chairman Northlake Boulevard Corridor Truk Force n CRY OF PBG MAR 14 2002 PLANNING & ZONING �., DIVISION J� P2/13/2003 16:41 5612335165 PBC ZONING PAGE 01/19 FAX TRANSMISSION PALM BEACH COUNTY - ZONING DIVIsiON 100 Australian Avenue West Palm Beach, FL 33406 561 -233 -5214 Far 561 -233 -5202 To_ Talal Benothman, Prin. Plnr. Date: February 13, 2003 Palm Beach Gardens Fax #: 561 - 799 -42 Pages: 18, including this cover sheet From: Ron Sulliv Palm Beach County, Zoning Subject Northlake Boulevard Corridor Task Force - Joint Planning Agreement & original Interlocal Agreement COMMENTS: Talal — attached is a copy of the draft Joint Planning Agreement with Palm Beach Gardens and also the original interlocai. Unfortunately I don't have digital copies of these documents but there are some changes needed — on page 3 of the joint planning agreement, we took out Steve Cramer's name and just put "Director of Growth Management° and we took out Barbara Alterman's name and left it "Executive Director". On page 4, probably replace "Warren H. Newell, Chairman" with "Chair" (Commissioner Marcus is currently the Chair) and take out Len Rubin's name. I do have an earlier draft of this document that could be edited if that would help. This has already been executed by North Palm Beach. Palm Beach County will have to amend our Comp Plan before we can execute the agreement with either Palm Beach Gardens or North Palm Beach and we have not yet begun that process. 92/13/2993 16:41 5612335165 07/18/02 FRI 06:36 FAX PBC ZONING JOM AGREEMENT FOR PLANNING AND ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ENTERED INTO BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA AND THE CITY OF PALM BEACH GARDENS REGARDING UNINCORPORATED LANDS LOCATED WITHIN THE NORTHLAR E BOULEVARD OVERLAY ZONING DISTRICT PAGE 92/19 la 03.6 This Joint Planning Agreement is made this day of ' 2002, between the City of Pahn Beach Gardens hereinafter referred to as "City" and Palm Beach County, a political subdivision.of the State of Florida, hereinafter referred to as "County "_ (The City and County are jointly referred to herein as `parties ".) WHEREAS, Section 163.3171 Fla.Stat. (2001) authorizes the joint exercise of authority granted to local governments pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161 through 163.3242, Fla. Stat. (2001) by a municipality and the County in which the municipality is located pursuant to a joint agreement approved by the governing bodies of the appropriate municipality and the County; and WHEREAS, the City desires to enter into a joint agreement which transfers land use permitting and enforcement authority to the City for all development within the unincorporated county area adjacent to the City in the Northlake Boulevard Overlay Zoning District. WHEREAS, Palm Beach County has detennined that it is appropriate to enter into a joint agreement to provide the City of Palm Beach Gardens authority to apply Palm Beach Gardens Comprehensive Plan and land development regulations within the unincorporated County area currently subject to the IOZ; and W H ERE,A►S, the provisions of this Agreement are consistent with the State Comprehensive Plan (Chapter 187, Florida Statutes l; the Regional Policy Plan adopted by the Tkeasure Coast Regional Planning Council and the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163 Part 11, Florida Statutes l; and WHEREAS, Palm Beach County has reviewed the land development regulation and future land use classifications proposed by the City for the unincorporated properties as described in the attached Exhibit "A" and finds the land development regulations provide a reasonable use of the land and are consistent with the goals, objectives and policies of the Palm Beach County Comprehensive Plan including those which encourage intergovernmental coordination and which encourage the reduction of interjurisdictional incompatibilities; and NOW THEREFORE in consideration of the mutual obligations and undertakings, the parties do hereby covenant and decree as follows: 1. The foregoing recitals are true and correct, were relied on when the parties entered into this Agreement and are a part of and into this Agreement. 112/13/2ee3 16:41 5612335165 07/19/02 FRI 08:37 FA% PBC ZONING 2. Pursuant to Section 163.3171(1), Florida Statues, the unincorporated areas described in the attached Exhibit "A" are subject to the City of Palm Beach Gardens Comprehensive Plan. The City shall be responsible for the comprehensive planning of the area described in Exhibit "A" pursuant to the requirements of Chapter 163, Part II, Florida Statutes and shall be responsible for implementing the City's Comprehensive Plan pursuant to its land development regulations including, but not limited to the City's Northlake Boulevard Overlay Zoning District Ordinances, code enforcement, and the issuance of building permits, The Palm Beach County Comprehensive Plan shall remain in full force and effect and may be applied to the areas described in the attached Exhibit "A" to the extent the plan has countywide effect_ 3. The County shall retain jurisdiction over all other municipal or countywide functions as provided by Palm Beach County Charter, applicable special acts of the Legislature of the State of Florida or County ordinances, policies or procedures. The County shall retain responsibility for police and fire protection and all other services not specifically transferred in this Agreement unless and until the unincorporated areas are annexed or unless and until intcrlocal agreements transferring service delivery pursuant to Section 163.01, Florida Statues, are executed by both the City and the County. 4. Nothing in this Agreement shall limit or modify the rights of any property owner to complete any development which a property owner may have pursuant to any Development Agreements or Development Orders previously approved by Palm Beach County. In particular, the parties hereto recognize that if a property owner has, by his/her actions in reliance prior regulations, obtained vested or other legal rights rclated to specific uses of property which is subject to a previously approved Development Agreement or Development Order that in law would prevent a local government from changing those uses in a way adverse to his/her interests, nothing herein authorizes either local government to abridge those rights. PAGE 63/19 Clore 3. This Agreement may be terminated by the City or by the County following adoption of the resolution for that purpose. As a condition precedent to the termination of this Agreement, the parry proposing to take such action shall provide twelve (12) months advaucc written notice of its intention to terminate this Agreement unless a shorter period of time is jointly agreed to by the City and the County. Termination shall not be effective until the effective date of an ordinance adopted by Palm Beach County redesignating the properties in Exhibit"A' into appropriate land use categories in the Palm.Beach County Comprehensive Plan_ This Agreement shall also be terminated upon the date that all the unincorporated properties that are subject to this Agreement are annexed by 2 192/13/2003 16:41 5612335165 PBC ZONING PAGE 04/19 0,7/19/02 FRI 08 :37 FAX 9020 and are subject to the jurisdiction of the City. 6- The City agrees that during the period this Agreement is in effect that it shall provide all pluming, zoning, development regulation, building permit, and code enforcement services to the unincorprated areas identified in Exhibit "A" with a service level identical to the services provided in the City. 7. The parties agree that during the period this Agreement is in effect that the City shall receive all fees and fines generated from comprehensive plan amendments, zoning, development review, and code enforcement processes in the area identified in Exhibit "A". S. The City acknowledges that it shall receive no monetary cornperrsation from the County for the services it provides pursuant to this Agreement and the City is entitled to no share of tax revenues or other fees collected by the County in the area identified in Exhibit "A". 9. The following persons shall have primary responsibility for implementation of and monitoring of this mint Planning Agreement: City of Palm Beach Gardens: Steve Cramer, Principal Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 -4698 (561) 799 -4243 Palm Beach County: Barbara Alterman, Executive Director Planning, Zoning & Building Department 3400 Belvedere Road West Palm Beach, FL 33406 (561) 233 -5008 10. The provisions of this Agreement shall become effective upon the occurrence of all of the following events: A. The adoption by Palm Beach County of amendments to its Comprehensive Plan deleting future land use designations for the properties contained on Exhibit "A ". B. The adoption of Comprehensive Plan amendments by the City of Palm Beach Gardens incorporating the areas contained in Exhibit "A" into the City's Comprehensive Plan. 3 Q2/13/2003 16:41 5612335165 PBC ZONING 07/19/02 FRI 08:37 FAX V `p. C. The above amendments to both the County Comprehensive Plan and the City Comprehensive Plan being found in compliance with the Local government Comprehensive Planning and Land Development Regulation Act (Act) by the Department of Community Affairs, or being found in compliance With the Act by the Administration Commission as provided in Section 163.33189(2) Florida Statutes (1993). PAGE 05/19 0 021 11. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original. All of which together shall constitute one (1) and the same instrument_ 12. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. ATTEST: CITY OF PALM BEACH GARDENS By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Len Rubin, City Attorney ATTEST: By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Mayor PALM BEACH COUNTY. FLORIAA, BY ITS BOARD OF COUNTY CON MXSSIONERS Warren H. Newell, Chairmen By: County Attorney G:ICOMM(N % ATMWPDATA %ANDUSE1lt6AW%COMPUnmdogl.pba 4 02/13/2003 16:41 5612335165 PBC ZONING PAGE 06/19 EXHIBIT "A" UNINCORPORATED PALM BEACH COUNTY INFORMATION Properties on the north side Of Northlake from Military Boulevard east to U.S. Highway I within the future annexation area of the Citv of Palm Beach Gardens Properties on the south side of Northlake from Military Boulevard east to U.S. Highway I within the future annexation area of the Citv of Palm Beach Gardens Ftpa, 00- 43 -42 -18 -01-000 -0010 11.66 00-43-42-18-01-000-0030 i 0.42 00-43-42-18-00-000-7080 7.35 00A3-42-18-004)00-7W 0.01 00-43-42-18-00-000-7530 0-97 00-43-42-18-00-000-7260 0.52 00-43-42-18-00-000-7350 1.03 00-43-42-18-00-000-7410 0.61 00-43-42-18-00-000-7040 1.92 Properties on the south side of Northlake from Military Boulevard east to U.S. Highway I within the future annexation area of the Citv of Palm Beach Gardens Ftpa, 00-42-42-24-00-000-3011 0.69 00-42-42-24-04-000-0250 0.61 00-42-42-24-00-000-1240 1.0 00-42-42-24-00-000-1253 0.16 00-43-42-19-00-000-3380 1.11 00-43-42-19-00-000-3330 5.67 00-43-42-19-00-000-3340 2. 00-43-42-19-00-000-3011 1.17 00-43-42-19-00-000-3010 9.37 00- 43-42- 19-00 - 000 -3160 0.89 00-43-42-19-00-000-3024 12.01 UAZorfing�EA—ConConcut\PROJECT"bctApbcpbgB.doo 82/13/2003 16:41 5612335165 PDC ZONING PAGE 07/19 i} :r-o-, -tom eq: v RWO QF --j: INTERLOCAL AGREEMENT a8^ ;5c 37g01 P.91 -,07 R97 11560 SEP 0 2 997 Attachment 2 This Agreement is made and being entered into by and between the VILLAGE OF NORTH PALM BEACH. 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter 'NORTH PALM). the TOWN OF LAKE PARK 535 Park Avenue. Lake Park. Florida 33403 (hereinafter %AKE PARK', the CITY OF PALM BEACH GARDENS. 10500 North Millary Trail, Patin Beach Gardens, Florida 33410 (hereinafter'GARDENS ). and PALM BEACH COUNTY. 301 Noft Olive Avenue, West Palm Beach. Florida 33401 (hereinafter 'COUNTY). WIINESSM: WHEREAS, the Northlake Boulevard corridor and properties located generally on Northlake Boulevard west of Federal Highway (U-S. Highway One) and east of Military Trail (hereinafter the Corridor) have, in recent years, suffered a decline in quality of land uses; and WHEREAS, this decline in quality of land uses negatively impacts upon taxable values. provision of services, and the overall aesthetic appearance of the Corridor, and WHEREAS, portions of the Corridor are located in NORTH PALM, other portions in LAKE PARK other portions in GARDENS, and other portions in unincorporated COUNTY: and WHERE=AS, it is the desire of NORTH PALM, LAKE PARK. GARDENS, and COUNTY to encourage improvement enhancement, renovation, and/or redevelopment of the Corridor: and R97 11560 1 02/13/2083 16:41 5612335165 PBC ZONING PAGE 08/19 OCT -07- 1997 09' Is BOARD OF CC 4e7 355 39% P.W/0': NOAhlake BML Confidor Task Pavised July 24,19fT1 Force Ittterlocal Agreement WHEREAS, NORTH PALM, LAKE PARK GARDENS, and COUNTY desire to appoint, through their respective governing bodies, a joint task force for the purposes of evaluating and recommending a plan for improvement, enhancement, renovation, and/or redevelopment of the Corridor, inrdirding ultimate annexation plans for the three munrcoadides: and WHEREAS, to develop such a plan, the task force may require expert assistance from consultants in such areas as land use planning, engineering, economics, and law. and WHEREAS, it is the desire of NORTH PALM, LAKE PARK. GARDENS, and COUNTY to accomplish these joint objectives in an expeditious manner, pursuant to the authority granted in Chapter 163. Part 1. Florida Statutes (the Florida Interiacal Caaperadon Act of 1969'). NOW. THEREFORE, In accordance with Chapter M. Part I. Fiodde Statutes, the undersigned parties, for and in consideration of the mutual benefits set forth herein. do hereby enter into this Intedocai Agreement and represent, covenant, and agree with each other as fofiorvs: SECTION ONE 13tt>u��uolasi� The facts. statements. and recitals heretofore set forth are true and corned. and ace herebv incorporated in this Aareement by this reference, R97 11560 - 2 02/13/2003 16:41 5612335165 PBC ZONING PAGE 09/19 OCT-07 -1997 09 :10 BOARD OF CC 407 355 3990 P.03/07 Nodhlake Blvd. Corridor Task RvAnd July 24,1997 Force InNrtooal Aprrearnerlt SECTION TWO AnWntment o_ f Task F,prce RaRmetabtives The -Northtake Boulevard Corridor Task Force' (hereinafter "Task Force") shah consist of eight (0) representatives, with NORTH PALM, LAKE PARK. GARDENS, and COUNTY ( heminaf6er each a'Participanr and jointly'Participantsl each appointing two (2) regular representatives to the Task Force, at least ono of whom must be an elected c;Md2l of the appointing Participant. Each Participant shall also appoint two (2) alternate representatives. SECTION THREE Quorum and Voting of Task Force Reorssentatiyes A quorum of the Task Force shall be necessary for it to conduct any business and shall consist of at least one representative (regular or altemate) from each Participant and a total of at least five (5) representatives present. Each regular representative shall have one vote. An atemaCe representative shall sit on behalf of the appointing Participant and have a vote when one (1) of the regular representatives of such Participant is absent. A majority of these present shall be required to pass a motion. except that any recommended plan must be approved by a majority which includes at least one representative from three (3) of the Participants. R97 11560 82/1312883 16:41 5612335165 POC ZONING PAGE 19119 OCT -0^ -1 1 09 =18 HOARD OF CC 407 355 39% P.04`0' Nodhtake Blvd_ Corridor Task J*7A,1WT Force Intertocal Agrwirnent SECTION POUR Authaft of Task Forks RegnMtaC•ves NORTH PALM. LAKE PARK GARDENS, and COUNTY each authorize their respective representatives to participate in the Task Force and to take such actions as may be necessary to develop a recommended plan for consideratim by the goveming, bodies of the Participants. To this end, Task Force representatives are authorized to meet as necessary and to contract for such professional assistance as they deem necessary to facilitate the completion of their task within the limits of the funding pmvlded herein. In each instance where it becomes necessary to retain professional assistance, the Task Force first shall seek such professional assistance from staff employed or consultants retained by the Participants before deciding to retain "outside staff or consultants. Costs for such professional assistance shall be borne equally by the Participants. Initially, therefore, each Participant agrees to financiai. participation of up to five thousand dollars (55.000) total apiece or, in the event'outsiW staff or consultants are not retained in an area of expectise, then in-kind services as approved by the Task Foroe up to an equivalent of five thousand dollars ($5,000) may be substituted_ R97 11560 4 02/13/2003 16:41 5612335165 PBC ZONING PAGE 11/19 OCT-0? -1997 09.19 BOARD OF 0. 407 355 3990 P.BSi07 NoMWke Blvd. Corridor Task Revised: July24.1997 Force Inlerbcal Agreement SECTION FIVE A plan recommended by the Task Force must subsequently be approved by Ordinance adopted by a Participant to order to become operational within that Parddpanrs jurisdiction. However, this Agreement does not obligate any Participant to adopt any part of any plan recommended by Me Task Force. SECTION SIX Mias�llan�ua Provtatons Binding Effect AN of the terms and provisions of this Agreement shall be binding upon, inure to the beneM of and be enformMe by the Participants and their legal representatives. successors. and assigns. SeYsEWft If any part of this Agreement is contrary to, prohibited by, or deemed invalid under any applicable law or regulation, such provision shah be inapplicable and deemed omitted to the extant 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. QgUnnteroarts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. but all of which together shall constitute one 5 R97 1156D 02/13/2803 16:41 5612335165 PBC ZONING PAGE 12/19 Northlake Blvd. Corridor Task Revised: July 24,1997 Force Interlocal Agreement and the same instrument. E(fft Date This Agreement shall become effective upon a Resolution being enacted by NORTH PALM, LAKE PARK, and GARDENS, each authorizing its respective Mayor and Clerk to execute this Agreement, and upon approval by the Board of County Commissioners of COUNTY. This Agreement shall automatically cease to be effective one (1) year from its effective date, unless subsequently extended by amendment of this provision. Amendment This Agreement may only be amended in writing, adopted and approved by all Participants in the same manner as the original Agreement. IN WITNESS WHEREOF, the Participants have set their hands and seals on the day(s), month(s). and year hereinafter written. VILLAGE OF NORTH PALM BEACH EXECUTED this 28th _ day of August , 1997. ATTEST: VILLAGE OF NORTH PALM BEACH ! By. X11 ge Clerk Approved as to form and legal sufficiency: SEAL Village Attorney 6 02/13/2863 16:41 5612335165 PBC ZONING PAGE 13/19 OCT- 07 -19r. 09119 BOVO OF CC 487 355 3990 P.O&,07 NoMdake BW Corridor Task Revbed:Ady24,1W Force tnlerlocal Agreement TOWN OF LAKE PARK EXECUTED this day of - - 1897. ATTEST: TOWN OF LAKE PARK 811: Town Clerk Mayor Approved as to form and legal Sufficiency. SEAL. Town Attomey CITY OF PALM 13EACH GARDENS EXECUTED this �j� day of 1997. ATTEST: CITY OF P DENS (: gy - Approved as to form and legal sulkiency cer�L�.�i sue„ ✓ �. f . City Att0m R97 11560 02/13/2003 16:41 5612335165 Northlake Blvd. Corridor Task Force Intedocal Agreement PBC ZONING TOWN OF LAKE PARK EXECUTED this ._ day of C ATTEST. J Town Cleric Approved as to form and legal sufficiency: Town Attorney PAGE 14/19 -1 1► Barba►a m o0eihiflL Clerk of b of Lake P f lorida.: .zraby certify � Matt '% �y aI igip., t as cant2i .ne official reco= : ►! the Town. Wits=.: y any hand and MI —Cial Seal of the cE <� f take Park This _ af,., is TOWN OF LA ewn Clerk By: V ice 6yor, SEAL I.., CRY OF PALM BEACH GARDENS EXECUTED this day of , 1997. ATTEST: CITY OF PALM BEACH GARDENS City Clerk Approved as to form and legal sufficiency: City Attorney 7 By: Mayor SEAL 82/13/2883 16:41 5612335165 PBC ZONING PAGE 15/19 ... - .1. OCT-07 -199? 09'19 BOARD OF CC 487 355 3990 P.0?s07 Northlake Blvd. Corridor Task ABYW& July 24,1997 Force Irklerloml Agreement PALM BEACH COUNTY EXECUTED this day of SEP 0.2 1991 1997. ATTEST: _ O�IGOUpTr� PAULA REACH COUNTY. FLORIDA BY ITS 3QO.'��► I' ,�+y�BOARD OF COUNTY COMMISSIONERS Dorothy H. Wilken ;.�. a �, x COUNTI� As Depbty Cleric Chair R97"' 1 i 5 6 p Approved as to form and legal suffdency: SEAL urlty Attomey •°, SEP 0 21997 CWP70rd&&M0597 PXP4asr0rm10M.D0C(319.05M 8 R97 1156D TOTAL P.07 02/13/2003 16:41 5612335165 PBC ZONING RESOLUTION 61_97 PAGE 16/19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH. FLORIDA, APPOINTING TWO (2) REGULAR REPRESENTATIVES AND TWO (2) ALTERNATIVE REPRESENTATIVES TO THE NORTHLAKE BOULEVARD CORRIDOR TASK FORCE -. AND. PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH. FLORIDA: Section 1. The Village Council of the Village of North Palm Beach: Florida, does hereby appoint the following regular representatives to the Northlake Boulevard Corridor Task Force: Regular Representative: Regular Representative: Charles R. 01vieilia David Norris Section 2. The Village Council of the Village of North Palm Beach, Florida. does herebv appoint the following alternate representatives to the Northlake Boulevard Corridor Task Force: First Alternate Representative: Dennis Kelly Second Alternate Representative: V. A. Marks ecti n 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 25th DAY OF SEPTEMBER. 1997. ATTEST: VILLAGE CLERK 62/13/2983 16:41 5612335165 PBC ZONING YALE' 17/19 4 .,'J A RESOLUTION OF THE COMMISSION, OF THE TOWN OF LAKE PARK, FLORIDA, AUTHORIMG THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF LAKE PARK, THE VILLAGE OF NORTH PALM BEACH, THE CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY RELATIVE TO THE NORTHI.AKE BOULEVARD CORRIDOR TASK FORCE; PROVIDING AND EFFECTIVE DATE. WHEREAS, the Town of Lake Park and the Village of North Palm Beach have been specifically concerned with encouraging the enhancement, improvement and redevelopment within the Northlake Boulevard Corridor, and WHEREAS, in order to accomplish their mutual objectives, the Town of Lake Park and the Village of North Palm Beach-did enter into an interlocal agreement on July 17, 1997, pursuant to the authority granted in Chapter 163, Part I. FloridA Statutes. "The Florida Interlocal Cooperation Act of 1969." and WHEREAS, portions of the Corridor are located in the Town of Lake Park, while other portions are located in the Village of North Palm Beach, in the City of Palm Beach Gardens, and in Palm Beach County, and WHEREAS, the City of Palm Beach Gardens aid Palm Beach County are desirous of joining with the Town of Lake Park and the Village of North Palm Beach in these efforts NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMISSION OF THE TOWN OF LAKE PARK. FLORIDA, AS FOLLOWS: $FCTION I The Mayor is hereby authorized and directed to execute the Interlocal Agreement attached hereto as Exhibit "A' and made a pact hereof, in accordance with Chapter 163, Florida Statutes. SECTION Q This Resolution shall take effect immediately upon adoption by the Town Commission. READ AND ADOPTED THIS 3RD DAY OF SEPTEMBER, 1997. Qk' L L__ ' '_ VICE YOR la 82/13/2883 16:41 5612335165 PBC ZONING PAGE 18/19 L. til RESOLUTION 94, 1997 9/4197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF TWO REGULAR MEMBERS AND TWO ALTERNATE MEMBERS TO THE NORT1U -1kKE BOULEVARD CORRIDOR TASK FORCE; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens approved Resolution 57, 1997, on August 2 t, 1997, providing for an interlocal agreement to form a task force for the purpose of facilitating renovation and/or redevelopment of the Northlake Boulevard Corridor between the Village of North Palm Beach, the Town of Lake Park, the City of Palm Beach Gardens, and Palm Beach County; and WHEREAS, the Northlake Boulevard Corridor Interlocal Agreement requires the appointment of two regular members and two alternate members from each participating municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: X11 •. .. are hereby appointed as Regular Members of the Northlake Boulevard Corridor Task Force, to represent the City of Palm Beach Gardens. SF, , ON 2, Vice Mayor Lauren Furtadgfld Greg Dunham are hereby appointed as the First Alternate membet:and Second Altercate member, respectively, of the Northlake Boulevard Corridor Task Force, to represent the City of Palm Beach Gardens in the event a regular member is unable to attend meetings of the Task Force.. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS � &AYgF 1997. YOR 82/13/2003 16:41 5612335165 PBC ZONING PAGE 19/19 RESOLUTION 94.1997 PAGE 2 OF 2 ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY. CITY ATTORNEY VOTE: AM NAY ADS COUNCIL MEMBER RUSSO �- COUNCIL MEMBER MONROE .� COUNCIL MEMBER JABLTN ✓' COUNCIL MEMBER FURTADO G-- COUNCIL MEMBER CLARK f/ 19. E RESOLUTION 90, 1998 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO RESOLUTION 57, 1997, WHICH APPROVED AN 1NTERLOCAL AGREEMENT TO FORM THE NORTHLAKE BOULEVARD TASK FORCE, BY EXTENDING THE EXPIRATION DATE OF THE INTERLOCAL AGREEMENT TO SEPTEMBER 1, 2000; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT;AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 2, 1997, the Village of North Palm Beach, the Town of Lake Park, the City of Palm Beach Gardens and Palm Beach County entered into an Interlocal Agreement to create the Northlake Boulevard Task Force; WHEREAS, the Interlocal Agreement provides that it can only be amended in writing and any amendment must be adopted and approved by all participants in the same manner as the original agreement; WHEREAS, the Agreement automatically ceases to be effective one (1) year from the effective date, unless subsequently extended by amendment; and WHEREAS, the parties wish to extend the Agreement for an additional two (2) years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The First Amendment, copy attached hereto and made a part hereof, to the Interlocal Agreement dated September 2, 1997, between the Village of North Palm Beach, Town V Lake Park, City of Palm Beach Gardens and Palm Beach County, for the purpose of forming t he Northlake Boulevard Task Force, is hereby approved, extending the expiration date of the Agreement to September 2, 2000. SECTION 2. The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the First Amendment to the Interlocal Agreement between the Village of North Palm Beach, the Town of lake Park, the City of Palm Beach Gardens, and Palm Beach County, which is attached hereto as Exhibit "A ". • Resolution 90, 1998 Page 2 of 2 • SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS e DAY AUGUST, 1998. XCi' JJA JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO Approved as to Form and Legal Sufficiency. City Attorney AYE NAY ABSENT r v J • CFY OF PALM BEACH GARDENS Growth Management Department MEMORANDUM Date: August 13, 1998 To: Bobbie Herakovich, City Manager From: Roxanne M. Manning, Growth Management Director n ^ Subject: Northlake Boulevard Task Force Extension. The Northlake Boulevard Task Force was created on September 2,1997 via an interlocal agreement between Palm Beach County, the Village or North Palm Beach, the Town of Lake Park, and the City of Palm Beach Gardens. The purpose of the Task Force is to develop and implement projects which will revitalize and restore Northlake Boulevard. The interlocal agreement was valid for one year, with the provision that it could be extended by written agreement. The expiration date is September 2,1998. The Task Force members have recommended a two year extension. The attached interlocal agreement amendment implements that two year extension. Each municipality is adopting the agreement wich will then be sent to the Palm Beach County Commission for final adoption on September 1, 1998. Growth Management staff recommends that this agreement be adopted by the City Council at their August 20' meeting. Adoption of this agreement confirms that the City will continue to participate in the Task Force. Should you have any questions regarding this matter please call me. C Greg Dunham, Asst. City Manager 1J5- 13 -13:3 12:33 '. a2 FIRST AMENDMENT TO INTERLOCAL AGREEMENT DATED SEPTEMBER 2,1997 (R97-1 IUD) BETWEEN THE VILLAGE OF NORTH PALM BEACH, TOWN OF LAKE PARK, CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY This Amendment to the Agreement is made and being entered into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One. North Palm Beach. Florida 33408 (hereinafter 'NORTH PALM'), the TOWN OF LAKE PARK 535 Park Avenue, Lake Park, Florida 33403 (hereinafter "LAKE PARIC), the CITY OF PALM BEACH GARDENS. 10500 North Military Trail. Palm Beach Gardens, Florida 33410 (hereinafter 'GARDENS'), and PALM BEACH COUNTY, 301 North Olive Avenue, West Palm Beach, FL 33401 (hereinafter -COUNTY-). WITNESSETH: WHEREAS. on or about September 2, 1997 the Village of North Palm Beach, the Town of Lake Park the City of Palm Beach Gardens and Palm Beach County entered into an Irderlocal Agreement to create the Northlake Boulevard Task Force, and WHEREAS, the Interiocal Agreement provides that it can only be amended in writing and any amendment must be adopted and approved by all participants in the same manner as the original agreemert ; and WHEREAS. the Agreement autometicaly ceases to be effective one (1) year from the effective date, unless subsequently extended by amendment; and WHEREAS, the parties wish to extend the Agreement for an additional two (2) years; and 1 4J5 -:S -1333 1_'33 =. TJ NOW. THEREFORE, the undersigned parties for and in consideration of the mutual benefits set forth in the lnterlocal Agreement and this amendment, hereto, do hereby agree to amend the InMdocal Agreement and represent, owenant and agree with each other as foliaws: SECTION ONE Representations The facts, statements, and recitals heretofore set forth are bim and correct, and are hereby incorporated in this Agreement by this reference. SECTION TWO Amend Section Six - Miscellaneous Proyislons - Effective PO4= Section Six - Effective Date is hereby amended to read: This Agreement shall sutomaticalty cease to be effective two (2) years from the effective date of this amendment, unless subsequently extended by additional amendment. SECTION THREE M a!1 other respects the Agreement dated September 2, 1997 shall remain in full force and effect as adopted. This Amendment shall be effective upon adoption of a resolution being enacted by The Viila;e of North Palm Beach, the Town of Lake Park and the City of Palm Beach Gardens. each authorizing its respective Maya or Clerk to execute this Amendment and upon approval by the Board of County Commissioners of Palm Beach County. 2 °.34 IN WITNESS WHEREOF. the Participants have set their hands and seals on the day(s). month(s). and year hereinafter written. VILLAGE OF NORTH PALM BEACH EXECUTED this _ .. day of_ 1998 ATTEST. VILLAGE OF NORTH PALM BEACH Village Clerk By_ -- -- - Mayor APPROVED AS TO FORM AND SEAL LEGAL SUFFICIENCY By:_ Village Attorney 3 4.13 -13 -1349 1?* 41 TOWN OF LAKE PARK EXECUTED THIS day of .1998. ATTEST: TOWN OF LAKE PARK BY= Town Clerk Mayor APPROVED AS TO FORM AND SEAL LEGAL SUFFICIENCY Town Attorney 4 0.35 41G 13 -1399 12:11 CITY OF PALM BEACH GARDENS EXECUTED this 102da, Of. ,1998. ATTEST: i clerk APPROVED AS TO FORM AND LEdAL_WFFICIENCY City Attomey CITY OF PALM BEACH GARDEN By` / eyor SEAL 5 ?.a5 4X -13 -1399 12* -42 EXECUTED this ATTEST: Dorothy H. Wiiken D. sal PALM BEACH COUNTY day of _... 91998. PALM BEACH COUNTY. FLORIDA. BY ITS BOARD OF COUNTY COMMISSIONERS By: _ Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attomey kfcnx+�s�onwc 6 Chair SEAL TOTAL P.87 June 21, 2000 RESOLUTION 46, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT DATED SEPTEMBER 2, 1997, CREATING THE NORTHLAKE BOULEVARD CORRIDOR TASK FORCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 21, 1997, the City Council passed Resolution 57, 1997, approving an interlocal agreement to create a Northlake Boulevard Corridor Task Force in order to improve the appearance of Northlake Boulevard between U. S. Highway One and Military Trail; and WHEREAS, the Northlake Boulevard Corridor Task Force consists of representatives from the City of Palm Beach Gardens, the Village of North Palm Beach, the Town of Lake Park, and Palm Beach County; and WHEREAS, the Northlake Boulevard Corridor Task Force has prepared a streetscape improvement plan for the above segments of Northlake Boulevard and is currently working on the preparation of construction plans for streetscape improvements and an overlay zoning district; and WHEREAS, the Northlake Boulevard Corridor Task Force is recommending that the interlocal agreement creating the task force be extended by five years to September 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. The Mayor of the City of Palm Beach Gardens hereby authorized to execute the attached Second Amendment to the above Interlocal Agreement that created the Northlake Boulevard Corridor Task Force. RESOLUTION 46, 2000 SECTION 2. This resolution shall be effective upon approval by the City Council. PASSED AND APPROVED THIS 3 R� DAY OF 2000. ATTEST: -c✓ Cr#RaL- G _ , �- CMC, CITY CLERK VOTE: MAYOR RUSSO VICE -MAYOR JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO g: \sc \res \nitfagree062100 Pa OR JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT t� SECOND AMENDMENT TO INTERLOCAL AGREEMENT DATED SEPTEMBER 2, 1997 (R97- 1156D) BETWEEN THE VILLAGE OF NORTH PALM BEACH, TOWN OF LAKE PARK, CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY This Amendment to the Agreement is made and being entered into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter "NORTH PALM "), the TOWN OF LAKE PARK, 535 Park Avenue, Lake Park, Florida 33403 (hereinafter "LAKE PARK "), the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "GARDENS "), and PALM BEACH COUNTY, 301 North Olive Avenue, West Palm Beach, FL 33401 (hereinafter "COUNTY "). WITNESSETH: WHEREAS, on or about September 2,1997 the Village of North Palm Beach, the Town of Lake Park, the City of Palm Beach Gardens and Palm Beach County entered into an Interlocal Agreement to create the Northlake Boulevard Task Force. This Agreement was for a period of (1) one year; and WHEREAS, on or about September 1, 1998 the Interlocal Agreement was amended to extend the Agreement for an additional two (2) years; and WHEREAS, the Interlocal Agreement provides that it can only be amended in writing and any amendment must be adopted and approved by all participants in the same manner as the original agreement; and WHEREAS, the Agreement automatically ceases to be effective two (2) years from the effective date of the First Amendment, unless subsequently extended by amendment; and 1 WHEREAS, the parties wish to extend the Agreement for an additional five (5) years; and NOW, THEREFORE, the undersigned parties for and in consideration of the mutual benefits set forth in the Interlocal Agreement and this amendment, hereto, do hereby agree to amend the Interlocal Agreement and represent, covenant and agree with each other as follows: SECTION ONE Representations The facts, statements, and recitals heretofore set forth are true and correct, and are hereby incorporated in this Agreement by this reference. SECTION TWO Amend Section Six - Miscellaneous Provisions - Effective Date Section Six - Effective Date is hereby amended to read: This Agreement shall automatically cease to be effective five (5) years from the effective date of this amendment, unless subsequently extended by additional amendment. SECTION THREE In all other respects the Agreement dated September 2, 1997 shall remain in full force and effect as adopted. This Amendment shall be effective upon adoption of a resolution being enacted by The Village of North Palm Beach, the Town of Lake Park and the City of Palm Beach Gardens, each authorizing its respective Mayor or Clerk to execute this Amendment and upon approval by the 2 Board of County Commissioners of Palm Beach County. IN WITNESS WHEREOF, the Participants have set their hands and seals on the day(s), month(s), and year hereinafter written. VILLAGE OF NORTH PALM BEACH EXECUTED this day of , 2000. ATTEST: VILLAGE OF NORTH PALM BEACH By: Village Clerk Mayor APPROVED AS TO FORM AND SEAL LEGAL SUFFICIENCY By: Village Attorney 3 TOWN OF LAKE PARK EXECUTED THIS day of , 2000. ATTEST: Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Town Attorney TOWN OF LAKE PARK By: Mayor SEAL 4 CITY OF PALM BEACH GARDENS EXECUTED this _3 ' day of Q . , n o S , 2000. i ATTEST: CITY OF PALM BEACH GARDENS d By: City Clerk U Ayor APPROVED AS TO FORM AND SEAL ! LEGAL SUFFICIENCY City Attorney 5 PALM BEACH COUNTY EXECUTED this 34) day of , 2000. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Dorothy H. Wilken By: By: Deputy Clerk Chair APPROVED AS TO FORM AND SEAL LEGAL SUFFICIENCY County Attorney U:\ZONINGIBA ConlCOncuAPROJEC ?SWbC MlbdMlbamdt2.wN G 05/11/2000 08:69 5612335203 PAGE 82 NORTHLAKE BOULEVARD CORRIDOR TASK FORCE MEMBERS (5111100) Regular Member Town of Lake Park William H. Wagner, Mayor 535 Park Avenue Lake Park, FL 33403 (561) 848 -3460 fax (561) 848 -2913 Regular Member Town of take Park Terry Leary, Town Manager 535 Park Avenue Lake Park, FL 33403 (561) 848 -3460 fax (561) 848 -2913 Regular Mem4r Village of North Palm Beach Charles O'Meilia, Councilman 501 U.S. Highway One North Palm Beach, FL 33408 (561) 622 -7010 fax(561)863-3058 Regular Member Village of North Palm Beach David Norris, Mayor 501 U.S. Highway One North Palm Beach, FL 33408 (561) 841 -3355 fax (561) 863 -3056 Regular Member City of Palm Beach Gardens Lauren Furtado. Vice Mayor 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 (561) 622 -3924 fax (561) 622 -7366 Regular Member City of Palm Beach Gardens Steven B. Cramer, AICP, Principal Planner 10500 N. Milit iry Trail Palm Beach Gardens, FL 33410 -4698 (561) 799 -4241 fax (561) 799 -4281 Regular Member Palm Beach County Karen Marcus, Commissioner District 1 301 North Olive Street West Palm Beach, FL 33401 (561) 355 -2201 fax (561) 355 -3990 Regular Member Palm Beach County Ronald Sullivan, RLA, Senior Planner Zoning Division 100 Australian Avenue West Palm Beach, FL 33406 (561) 233 -5214 fax (561) 233 -5165 Alternate Member Town of Lake Park John Butterly, Vice Mayor 535 Park Avenue Lake Park. FL 33403 (561) 848460 fax (561) 848 -2913 Alternate Member The Town of Lake Park David B. Thatcher, AICP Community Development Director 535 Park Avenue Lake Park, FL 33403 (561) 848 -3458 fax (561) 848 -3495 Alternate Member Village of North Palm Beach Dennis Kelly, Village Manager 501 U.S. Highway One North Palm Beach, FL 33408 (561) 841 -3380 fax (561) 848 -3344 After 841 -3476 Member Village of North Palm Beach Tom Hogarth, PE, Public Services Director 501 U.S. Highway One North Palm Beach, FL 33408 (561) 691 -3440 fax (561) 626 -5869 Alternate Member City of Palm Beach Gardens Carl Sabatello, Councilman 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 (561) 627 -1790 fax (561) 7994111 Aftemate Member City of Palm Beach Gardens Talal Benothman, Senior Planner 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 (561) 799-4234 fax (561) 799 -4281 Altemate Member Palm Beach County Patricia Weaver, Administrative Assistant 301 North Olive Street West Palm Beach, FL 33401 (561) 355 -2201 fax (561) 355 -3990 Alternate Member Palm Beach County Jon MacGlllis, Principal Planner Zoning Division 100 Australian Avenue West Palm Beach, FL 33406 (561) 233 -5223 fax (561) 233 -5165 -4 M3KWPa Impact (DRI) to allow for 317 three -story townhomes on 25.71 acres located at the northwest corner of Gardens Parkway Boulevard and Prosperity Farms Road, as more particularly described herein; providing for conditions of approval; providing for waivers; and providing an effective date. b. (Page 261) Resolution 83, 2003 Military Trail Grant — Waive Building Permit Fees. A Resolution of the City Council of the City of Palm Beach Gardens, Florida relating to the "2003 Military Trail Beautification Grant Project"; providing for the waiver of all applicable building permit fees related to the project; authorizing the execution of grant agreements with the property owners; and providing an effective date. XI. ORDINANCES: (For Consideration on First Reading) a. (Page 274) Ordinance 14, 2003 Old Palm PCD Amendment — Condition of Approval. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida providing for an amendment to Condition No. 21 and Condition No. 39 of Ordinance 32, 2002, which approved the Old Palm Golf Club Planned Community Development; providing for an effective date. XII. ITEMS FOR COUNCIL DISCUSSION AND ACTION: a. (Page 305) Discuss the request by the Northlake Boulevard Task Force to contribute $10,000 toward grant writing and administrative costs for Northlake Blvd. Streetscape Project; and the Joint Planning Agreement between the City and the County to take over the planning, zoning, and permitting activities for unincorporated County along Northlake Boulevard. b. (Page 345) SB 1450: Senate Bill to exempt Wireless Telecommunication facilities from local zoning. XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than 5 days prior to the proceeding at telephone number (561) 799 -4120 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council.