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HomeMy WebLinkAboutAgenda Council Agenda 091312 CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 13, 2012 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 6) APPROVE MINUTES FROM AUGUST 9, 2012 CITY COUNCIL MEETING. b. (Staff Report on Page 11, Resolution on Page 13) RESOLUTION 76, 2012 - APPOINTING THE SUPERVISOR OF ELECTIONS AS ADDITIONAL MEMBER OF THE CANVASSING BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, AS AN ADDITIONAL MEMBER OF THE CITY’S CANVASSING BOARD; REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO CANVASS ALL ABSENTEE BALLOTS, TO CONDUCT THE LOGIC AND ACCURACY TESTING OF THE ELECTRONIC ELECTION MACHINERY AND TABULATION EQUIPMENT FOR THE CITY; CERTIFY THE RESULTS OF THE GENERAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy Vice Mayor Premuroso Council Member Tinsley Council Member Russo Council Member Jablin c. (Staff Report on Page 16, Resolution on Page 18) RESOLUTION 82, 2012 - INTERLOCAL AGREEMENT WITH JUPITER INLET COLONY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA BETWEEN THE CITY OF PALM BEACH GARDENS AND JUPITER INLET COLONY TO PROVIDE DISPATCH AND COMMUNICATIONS OPERATIONS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. (Staff Report on Page 30, Resolution on Page 32) RESOLUTION 83, 2012 - APPROVE THE COLLECTIVE BARGAINING AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AND RATIFYING ARTICLE 28, SALARY PLAN, OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION/FLORIDA PUBLIC SERVICES UNION FOR THE FISCAL YEAR 2012-2013; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 38, Resolution on Page 40) RESOLUTION 85, 2012 – AUDITING SERVICES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDENDUM I TO THE AGREEMENT FOR INDEPENDENT AUDIT SERVICES WITH RAMPELL & RAMPELL, P.A.; AUTHORIZING THE MAYOR TO EXECUTE ADDENDUM I TO THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f. (Staff Report on Page 65, Resolution on Page 67) RESOLUTION 88, 2012 – SUPPORT PROTECT OUR BEACHES, INC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SUPPORTING PROTECT OUR BEACHES, INC., A COALITION TO FINDING A PERMANENT, ECOLOGICALLY SOUND SOLUTION TO PROTECTING OUR BEACHES AND DUNES FROM EROSION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. g. (Page 69) TENNIS CONTRACTORS – DUE TO THE SUCCESS OF THE TENNIS PROGRAM, PATRICK MUNROE, AND HUY NGUYEN EXPECT TO EXCEED THE CONTRACT THRESHOLD OF $65,000.00 FOR FISCAL YEAR 2012-2013. MR. MUNROE AND MR. NGUYEN HAVE MADE IT POSSIBLE FOR THE CITY TO EARN ADDITIONAL REVENUE DUE TO THEIR PROFESSIONAL EXPERTISE AND POPULARITY WITH PATRONS. h. (Page 98) LOCAL COURIER SERVICES – THE CONTRACT WITH ZAP LOGISTICS, LLC, WILL ALLOW THE CITY TO PURCHASE LOCAL COURIER SERVICES FOR THE DELIVERY OF MAIL AND DEPOSITS TO THE BANK FOR VARIOUS CITY DEPARTMENTS. THIS AGREEMENT IS A PIGGYBACK OF A COMPETITIVELY BID AND AWARDED MIAMI-DADE COUNTY CONTRACT. EXTENSIVE MARKET RESEARCH WAS CONDUCTED TO LOCATE A CONTRACT TO PIGGYBACK FOR COURIER SERVICES. i. (Page 106) POOL CHEMICALS AND SUPPLIES – THE CONTRACT WITH GOMEZ CHEMICALS, INC DBA BEACH-O-RAMA WILL ALLOW THE CITY TO PURCHASE POOL CHEMICALS, SUPPLIES, AND RELATED ITEMS FOR THE RECREATION DIVISION AND TO MAINTAIN THE SWIMMING POOLS IN A HEALTHY AND SAFE CONDITION FOR USE BY CITY RESIDENTS AND OTHER PARTICIPANTS. j. (Page 124) JANITORIAL SUPPLIES AND CHEMICALS – RENEWAL OF AN AGREEMENT WITH INTERLINE BRANDS, INC. DBA AMSAN TO PIGGYBACK A CITY OF SUNRISE CONTRACT TO PURCHASE JANITORIAL SUPPLIES AND CHEMICALS. THE VARIOUS SUPPLIES AND CHEMICALS AVAILABLE ON THE CONTRACT WERE COMPETITIVELY SOLICITED AND MEET THE NEEDS AND REQUIREMENTS OF THE PARKS AND PUBLIC FACILITIES DEPARTMENT. k. (Page 139) CANAL LONG-LINE MOWING SERVICES – THE CONTRACT WITH THE GRASS ROOTS CORP. WILL ALLOW THE CITY TO PURCHASE CANAL LONG-LINE MOWING SERVICES FOR VARIOUS CITY PROPERTIES FOR A PERIOD OF FIVE YEARS. THE NEW CONTRACT PRICES ARE LESS THAN THE CURRENT PRICES BEING PAID TO THE INCUMBENT VENDOR AND THE CITY WILL REALIZE SAVINGS OF $78,818 OVER THE FIVE-YEAR TERM OF THE CONTRACT. THE PURCHASE OF CANAL LONG-LINE MOWING SERVICES IS NECESSARY FOR THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS AND MAINTAINS AN AESTHETIC OF CLEANLINESS AND ORDER FOR THE CITY. l. (Page 145) SUPPLEMENTAL AGREEMENT WITH BALLARD AND PARTNERS FOR CITY LOBBYING SERVICES –THE CITY AWARDED A CONTRACT TO BALLARD PARTNERS, INC. FOR PROVISION OF APPROPRIATIONS LOBBYIST SERVICES, WITH AN EXPIRATION DATE OF SEPTEMBER 30, 2014. PURSUANT TO THE PROVISIONS OF THE AGREEMENT, THE CITY AND CONTRACTOR ARE REQUIRED TO AGREE ON A NEW PRICE FOR FISCAL YEARS 2012-2013 AND 2013-2014. THE CONTRACTOR HAS PROPOSED A FIXED AMOUNT NOT TO EXCEED ONE HUNDRED AND TWENTY THOUSAND DOLLARS ($120,000) (SIXTY THOUSAND DOLLARS - $60,000 PER YEAR) FOR THE REMAINDER OF THE CONTRACT TERM. IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. PRESENTATION OF THE FISCAL YEAR 2012/2013 BUDGET. b. (Staff Report on Page 150, Ordinance on Page 152) ORDINANCE 26, 2012 – (1ST READING) ADOPTING FISCAL YEAR 2012/2013 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Staff Report on Page 154, Ordinance on Page 157) ORDINANCE 22, 2012 – (2ND READING AND ADOPTION) BUSINESS TAX LAW CHANGES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 66. TAXATION. AT ARTICLE II. BUSINESS TAX AND REGISTRATION. BY CREATING AN ENTIRELY NEW SECTION 66-65 TO PROVIDE A NEW STATUTORILY MANDATED EXEMPTION FOR REAL ESTATE BROKER ASSOCIATES AND SALES ASSOCIATES; BY RE-NUMBERING THE EXISTING SECTION 66-65 AND ALL FOLLOWING SECTIONS IN THIS ARTICLE ACCORDINGLY; AND BY AMENDING THE EXISTING FEE SCHEDULE TO CONFORM WITH THE NEW EXEMPTION AND ELIMINATE THE BUSINESS TAX FOR INDIVIDUAL REAL ESTATE SALES AGENTS AND BROKERS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66. TAXATION. SHALL REMAIN THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. (Staff Report on Page 165, Ordinance on Page 168) ORDINANCE 23, 2012 – (2nd READING AND ADOPTION) FIRE PENSION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 38. FIRE PREVENTION AND PROTECTION. OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AT ARTICLE II. FIREFIGHTERS’ PENSION FUND. IN ORDER TO IMPLEMENT PROVISIONS OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PROFESSIONAL FIREFIGHTERS AND PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.; AMENDING SECTION 38-51. DEFINITIONS. BY REVISING THE DEFINITION OF “SALARY”; AMENDING SECTION 38-55. CONTRIBUTIONS. PROVIDING FOR AN INCREASE IN MEMBER CONTRIBUTIONS AND PROVIDING FOR A DECREASE IN MEMBER CONTRIBUTIONS TO BE FUNDED BY EXCESS PREMIUM TAX REVENUES; AMENDING SECTION 38-56. BENEFIT AMOUNTS AND ELIGIBILITY. REVISING THE NORMAL RETIREMENT BENEFIT AND REVISING THE COST OF LIVING ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 174, Ordinance on Page 176) ORDINANCE 24, 2012 – (2ND READING AND ADOPTION) AMENDMENTS TO THE POLICE PENSION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 50-POLICE OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AT ARTICLE III, POLICE OFFICERS’ RETIREMENT TRUST FUND. IN ORDER TO IMPLEMENT THE CITY COUNCIL’S ACTON RESOLVING THE IMPASSE IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION; AMENDING SECTION 50-61. DEFINITIONS., BY REPEALING THE DEFINITION OF “SALARY” AND READOPTING SAME, AS REVISED; BY REPEALING SECTION 50-116. NORMAL RETIREMENT. AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE NORMAL RETIREMENT DATE AND BENEFITS; BY REPEALING SECTION 50-135. ANNUAL ADJUSTMENTS. AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE COST OF LIVING ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f. (Staff Report on Page 192, Ordinance on Page 194) ORDINANCE 25, 2012 - (2nd READING AND ADOPTION) CLARIFY LANGUAGE FOR CANVASSING BOARD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA BY REPEALING SECTIONS 26-2 AND 26-17 AND READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY THE CITY CLERK’S ELECTION DUTIES AND TO REVISE THE COMPOSITION OF THE CITY’S CANVASSING BOARD; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. g. *(Staff Report on Page 197, Resolution on Page 241) RESOLUTION 81, 2012 - DOWNTOWN AT THE GARDENS SHARED PARKING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE DOWNTOWN AT THE GARDENS SITE PLAN TO APPROVE A SHARED PARKING STUDY AND MODIFY CONDITIONS OF APPROVAL RELATED TO LIGHTING, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 278, Resolution on Page 280) RESOLUTION 86, 2012 – PROPERTY AND CASUALTY INSURANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH FLORIDA LEAGUE OF CITIES, INC. (SPONSOR OF THE FLORIDA MUNICIPAL INSURANCE TRUST (FMIT)) FOR PROPERTY AND CASUALTY INSURANCE COVERAGE; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 08-09-12 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 August 9, 2012 4 5 The regular meeting was called to order at 7:01 p.m. by Mayor Levy. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Levy, Vice Mayor Premuroso, Council Member Tinsley, Council Member 9 Jablin. 10 ABSENT: Council Member Russo. 11 III. ADDITIONS, DELETIONS, MODIFICATIONS 12  Announcements and Presentations: addition a. AJ Brockman – Installation of the art 13 piece in the Council Chambers. 14  City Attorney Report: addition a. Settlement Agreement. 15 IV. ANNOUNCEMENTS AND PRESENTATIONS 16 a. AJ Brockman spoke regarding the installation of the art piece in the Council Chambers. 17 b. Mike Kelly, Sports Director, recognized the Honda Classic for sponsorship of the Gardens 18 games Program. 19 c. Mike Kelly, Sports Director, recognized the Palm Beach Soccer Academy for scoreboard 20 sponsorships and donation of soccer goals. 21 d. Beth Kigel, introduced herself as the Chamber of Commerce President/CEO. 22 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 23 Council Member Marcy Tinsley: attended the League of Cities Annual Meeting; Parks and 24 Recreation Advisory Board Meeting; the North Chamber Legislative Update meeting; ribbon 25 cutting for PNC Bank on PGA Boulevard and announced Molle Bridals Downtown at the 26 Gardens; announced Northlake Commons is sponsoring Haircuts for Heroes; the Mayor’s 27 Luncheon for Literacy is Sept. 19th; is honored by Mr. Brockman’s speech and residency in our 28 city. 29 Vice Mayor Bert Premuroso: attended the Northern Chamber event in Riviera Beach; will 30 attend a breakfast at the Double Tree, featuring Allen West; announced that AJ Brockman is a 31 great person. 32 Council Member Eric Jablin: attended the ribbon cutting for Molle Bridals; announced AJ 33 Brockman is a great “homegrown” guy; Wounded Warriors will be at the West Palm Beach 34 Airport Hilton on August 18th. 35 Mayor David Levy: attended Molle Bridals ribbon cutting, announced Haircut for Heroes; Mid-36 September is the Rugby Tournament; announced the 2012, 21st PBG Kiwanis Club College 37 Football event at the Palm Beach Gardens Marriott on August 29th. 38 VI. CITY MANAGER REPORT 39 City Manager, Ronald Ferris announced changes to the Chambers; Sheryl Stewart earned her 40 Certified Human Resource Professional Certificate; recognized the success of the summer 41 programs: Aquatics, Golf, Sports Tournaments, Summer Market Nights and; October 14th begins 42 the Greenmarket. 43 VII. COMMENTS FROM THE PUBLIC 44 Carol Estrada, 309 Riverside Drive, Palm Beach Gardens; Kevin Easton, 8511 40th Terrace 45 North, Palm Beach Gardens; John Erhart, 9052 E. Highland Pines Drive, Palm Beach Gardens; 46 Will Wagner, 1108 Orinoco Way, Palm Beach Gardens. 47 VIII. CONSENT AGENDA 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 08-09-12 a. APPROVE MINUTES FROM JULY 11, 2012 SPECIAL CITY COUNCIL MEETING. 1 b. APPROVE MINUTES FROM JULY 12, 2012 CITY COUNCIL MEETING. 2 c. RESOLUTION 44, 2012 – CENTRAL GARDENS PLAT. A RESOLUTION OF THE CITY 3 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE 4 CENTRAL GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) PLAT; 5 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 6 d. RESOLUTION 65, 2012 – RENEW SPECIAL MAGISTRATE CONTRACT. A 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 8 FLORIDA REAPPOINTING KEVIN M. WAGNER TO SERVE AS CODE ENFORCEMENT 9 SPECIAL MAGISTRATE; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT 10 WITH KEVIN M. WAGNER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 11 PURPOSES. 12 e. RESOLUTION 74, 2012 – CONTRACT AWARD – EMS BILLING – 3RD PARTY 13 BILLING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 14 GARDENS, FLORIDA APPROVING AN AGREEMENT WITH ADVANCED DATA 15 PROCESSING, INC. DBA INTERMEDIX FOR EMERGENCY MEDICAL SERVICES 16 THIRD-PARTY BILLING AND REPORTING SERVICES; AUTHORIZING THE MAYOR 17 TO EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR 18 OTHER PURPOSES. 19 f. RESOLUTION 75, 2012 - CONTRACT AWARD TO SOUTHERN SELF STORAGE. A 20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 21 FLORIDA AWARDING A CONTRACT FOR THE LEASE OF STORAGE LOCKER UNITS 22 TO SOUTHERN SELF STORAGE; AUTHORIZING THE MAYOR TO EXECUTE THE 23 AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24 g. RESOLUTION 77, 2012 – LEGACY PLACE PCD REQUEST FOR ADDITIONAL 25 SPECIAL EVENTS FOR YEARS 2012 AND 2013. A RESOLUTION OF THE CITY 26 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING 27 ADDITIONAL SPECIAL EVENTS FOR THE LEGACY PLACE PLANNED COMMUNITY 28 DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 29 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 30 PURPOSES. 31 h. RESOLUTION 80, 2012 - PURCHASE ALL-HAZARD SPECIAL RESPONSE VEHICLE. 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 33 FLORIDA APPROVING THE EXPENDITURE OF $175,000 FROM THE LAW 34 ENFORCEMENT TRUST FUND TO PURCHASE AN ALL-HAZARD SPECIAL RESPONSE 35 VEHICLE; AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT; PROVIDING AN 36 EFFECTIVE DATE; AND FOR OTHER PURPOSES 37 i. APPOINTMENT OF MR. KENNETH KIRBY TO THE WORKFORCE ALLIANCE. 38 j. PROCLAMATION - NATIONAL NIGHT OUT. 39 k. PROCLAMATION – 85th ANNIVERSARY OF LESSER, LESSER, LANDY & SMITH, 40 PLLC. 41 Councilmember Tinsley requested that item c. Resolution 44, 2012 be removed from the 42 consent agenda and voted on separately. 43 Councilmember Jablin made a motion to approve the consent agenda, excluding item c. 44 Vice Mayor Premuroso seconded. 45 Motion passed 4-0. 46 Councilmember Tinsley reclused herself from voting on item c., Resolution 44, 2012, left the 47 Dias and completed Form 8B. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 08-09-12 Council Member Jablin made a motion for approval of Resolution 44, 2012. 1 Vice Mayor Premuroso seconded. 2 Motion passed 3-0. 3 Council Member Tinsley returned to the Dias. 4 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 5 The City Clerk read Ordinance 24, 2012 by title. 6 a. ORDINANCE 24, 2012 – (1ST READING) AMENDMENTS TO THE POLICE PENSION. 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 8 FLORIDA AMENDING CHAPTER 50-POLICE OF THE CODE OF ORDINANCES OF THE 9 CITY OF PALM BEACH GARDENS, FLORIDA, AT ARTICLE III, POLICE OFFICERS’ 10 RETIREMENT TRUST FUND. IN ORDER TO IMPLEMENT THE CITY COUNCIL’S 11 ACTON RESOLVING THE IMPASSE IN COLLECTIVE BARGAINING NEGOTIATIONS 12 BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM BEACH COUNTY 13 POLICE BENEVOLENT ASSOCIATION; AMENDING SECTION 50-61. DEFINITIONS., 14 BY REPEALING THE DEFINITION OF “SALARY” AND READOPTING SAME, AS 15 REVISED; BY REPEALING SECTION 50-116. NORMAL RETIREMENT. AND 16 READOPTING SAME, AS REVISED IN ORDER TO AMEND THE NORMAL 17 RETIREMENT DATE AND BENEFITS; BY REPEALING SECTION 50 -135. ANNUAL 18 ADJUSTMENTS. AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE 19 COST OF LIVING ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A 20 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 21 DATE; AND FOR OTHER PURPOSES. 22 Mayor Levy opened the Public Hearing. 23 Petitioner: None. 24 Staff presentation: Finance Administrator, Allan Owens. 25 Public comment: None. 26 Mayor Levy closed the Public Hearing. 27 Council Member Jablin made a motion to approve Ordinance 24, 2012 on 1st Reading. 28 Vice Mayor Premuroso seconded. 29 Motion passed 4-0. 30 The City Clerk read Ordinance 25, 2012 by title. 31 b. ORDINANCE 25, 2012 - (1st READING) AMENDING SECTION 26-2 AND SECTION 26-32 17 TO CLARIFY LANGUAGE FOR CANVASSING BOARD. AN ORDINANCE OF THE 33 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING 34 CHAPTER 26. ELECTIONS. OF THE CODE OF ORDINANCES OF THE CITY OF PALM 35 BEACH GARDENS, FLORIDA BY REPEALING SECTIONS 26-2 AND 26-17 AND 36 READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY THE CITY 37 CLERK’S ELECTION DUTIES AND TO REVISE THE COMPOSITION OF THE CITY’S 38 CANVASSING BOARD; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 39 CLAUSE, AND AUTHORITY TO CODIFY; PROVID ING AN EFFECTIVE DATE; AND 40 FOR OTHER PURPOSES. 41 Mayor Levy opened the Public Hearing. 42 Petitioner: None. 43 Staff presentation: City Attorney, R. Max Lohman. 44 Public comment: None. 45 Mayor Levy closed the Public Hearing. 46 Council Member Jablin made a motion for approval of Ordinance 25, 2012 on first reading. 47 Vice Mayor Premuroso seconded. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 08-09-12 Motion passed 4-0. 1 X. RESOLUTIONS 2 The City Clerk read Resolution 66, 2012 by title. 3 a. RESOLUTION 66, 2012 – HEALTH INSURANCE BENEFITS FISCAL YEAR 2012/2013. 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 5 FLORIDA APPROVING THE RENEWALS OF BLUE CROSS BLUE SHIELD OF FLORIDA 6 POLICY NUMBER 91062, GUARDIAN POLICY NUMBER 407008, AND LINCOLN 7 FINANCIAL POLICY NUMBERS 000010074146 AND 000010074147, FOR FISCAL YEAR 8 2012/2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 9 Staff presentation: Human Resources Generalist, Lauren Ferreira. 10 Council Member Jablin made a motion for approval of Resolution 66, 2012. 11 Council Member Tinsley seconded. 12 Motion passed 4-0. 13 The City Clerk read Resolution 69, 2012 by title. 14 b. RESOLUTION 69, 2012 – FEES AND CHARGES SCHEDULE. A RESOLUTION OF THE 15 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA UPDATING THE 16 SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE 17 CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF 18 THE PUBLIC FOR FISCAL YEAR 2012/2013; PROVIDING AN EFFECTIVE DATE; AND 19 FOR OTHER PURPOSES. 20 Staff Presentation: Finance Administrator, Allan Owens. 21 Council Member Jablin made a motion for approval of Resolution 69, 2012. 22 Council Member Tinsley seconded. 23 Motion passed 4-0. 24 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 25 Council Member Tinsley discussed the League of Cities meeting on August 21st will have 26 Broadband on the agenda. 27 XII. CITY ATTORNEY REPORT 28 a. Settlement Agreement. 29 Council Member Jablin made a motion for approval of the settlement agreement. 30 Vice Mayor Premuroso seconded. 31 Motion passed 4-0. 32 33 (The remainder of this page intentionally left blank.) 34 35 36 37 38 39 40 41 42 43 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 08-09-12 XIII. ADJOURNMENT 1 Councilmember Jablin made a motion to adjourn. 2 Councilmember Tinsley seconded. 3 Motion passed 4-0. 4 The meeting adjourned at 8:25 p.m. 5 The next regularly scheduled City Council meeting will be held September 13, 2012. 6 APPROVED: 7 8 9 10 David Levy, Mayor 11 12 13 14 Robert G. Premuroso, Vice Mayor 15 16 17 18 Marcie Tinsley, Councilmember 19 20 21 22 Joseph R. Russo, Councilmember 23 24 25 26 Eric Jablin, Councilmember 27 28 29 30 31 32 33 34 ATTEST: 35 36 37 38 39 Patricia Snider, CMC 40 City Clerk 41 42 43 44 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 45 meeting. A verbatim audio record is available from the Office of the City Clerk. 46 All referenced attachments are on file in the Office of the City Clerk. 47 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 13, 2012 Resolution 76, 2012 Subject/Agenda Item: Appoint the Supervisor of Elections, or designee, as an additional member to the City's Canvassing Board for the November 6, 2012, General Election. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs:$0 Council Action: City Clerk (Total) x2J4If ( ]Approved Patricia Snider, CMC, CurrentFY [ 1 Approved w/ City Clerk Conditions [ ] Denied Advertised: NA Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [I Other • Resolution 76, 2012 [ x) Not Required --------------------- Submitted by: Contract/Agreement: Department Director Effective Date: ~ . NA Expiration Date: Patricia Snider, CMC NA City Clerk Affected parties Budget Acct.#: Approved by: [ ] Notified Meeting Date: September 13,2012 Resolution 76, 2012 Page2of2 BACKGROUND: In accordance with Chapter 26, Elections, the City elections shall be conducted in a proper and legal manner under the supervision of the City Clerk in accordance with general law of the State of Florida. Subject to the mutual agreement of the City Council and the Pafm Beach County Supervisor of Elections (SOE), the City may contract with the SOE for the orderly conduct and administration of the City's municipal elections in accordance with state law. The City Clerk, or designee, and such others as the City Council may appoint by resolution shall serve as members of the Canvassing Board. The Board shall ensure that the ballots cast for any election are fairly and accurately counted, and shall certify the results of each election. The Board shall canvass the returns and absentee banots in accordance with state law. At such time as the Board has canvassed the returns, disposed of any challenges thereto, and ascertained and certified the results, the Clerk shall issue a Certificate of Election to each candidate elected and shall issue a Certificate of Election of each issue. STAFF RECOMMENDATION: Staff recommends approval of Resolution 76, 2012 as presented. 1 2 RESOLUTION 76, 2012 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF 7 ELECTIONS, OR DESIGNEE, AS AN ADDITIONAL MEMBER OF 8 THE CITY'S CANVASSING BOARD; REQUESTING THE 9 SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO CANVASS ALL 10 ABSENTEE BALLOTS, TO CONDUCT THE LOGIC AND 11 ACCURACY TESTING OF THE ELECTRONIC ELECTION 12 MACHINERY AND TABULATION EQUIPMENT FOR THE CITY; 13 CERTIFY THE RESULTS OF THE GENERAL ELECTION; 14 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 15 16 17 WHEREAS, pursuant to Section 26-2 of the City Code of Ordinances, the City 18 Clerk is charged with overseeing City elections; and 19 20 WHEREAS, pursuant to Section 26-17 of the City Code of Ordinances, the City's 21 Canvassing Board is comprised of the City Clerk, or designee, and such others as the 22 City Council may appoint by resolution; and 23 24 WHEREAS, the City Council desires to appoint the Supervisor of Elections, or 25 designee, as an additional member of the City's Canvassing Board, and requests that 26 the Supervisor of Elections, or designee, conduct the logic and accuracy testing of the 27 electronic election machinery and tabulation equipment for the City; certify the results of 28 the general election; and do all other necessary things to ensure the orderly conduct of 29 the general election; and 30 31 WHEREAS, the City Council deems approval of this Resolution to be in the best 32 interests of the health, safety, and welfare of the residents and citizens of the City of 33 Palm Beach Gardens and the public at large. 34 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CJTY 37 OF PALM BEACH GARDENS, FLORIDA that: 38 39 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 40 41 42 43 44 45 46 Page 1 of 3 Resolution 76, 2012 1 SECTION 2. The City Council hereby appoints the Supervisor of Elections, or 2 designee, as an additional member of the City Canvassing Board, and requests that the 3 Supervisor of Elections, or designee, conduct the logic and accuracy testing for all 4 election machinery and tabulation equipment for the City and conduct the general 5 election; requests and designates the Supervisor of Elections, or designee, to canvass 6 all absentee ballots on behalf of the City; and requests and designates the Supervisor 7 of Elections, or designee, to canvass the general election, along with the City 8 Canvassing Board, and to certify the results to the City of Palm Beach Gardens with 9 respect to the November 6, 2012, general election. 10 11 SECTION 3. The City Clerk of the City of Palm Beach Gardens is hereby 12 authorized to send a copy of this Resolution to Susan Bucher, Supervisor of Elections, 13 and to do all things necessary to ensure the City's municipal election is properly 14 conducted. 15 16 17 (The remainder of this page intentionally left blank) 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 76, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ----------~~----------------David Levy, Mayor ATTEST: BY: -------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: --------------------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 76 2012-appoint SOE to canvassing board.doc Page 3 of 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 13, 2012 Resolution 82, 2012 Subject/Agenda Item: lnterlocal Agreement between the City of Palm Beach Gardens and Jupiter Inlet Colony as part of the North County Dispatch Center, with the City of Palm Beach Gardens being the service provider for the dispatch and communications operations. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Police @~ Colonel Ernie Carr Advertised: NA Date: Paper: [ x ] Not Required Submitted by: Department Director Affected Parties Approved by: ] Notified Not required Costs: i (Total) .1 Current FY Funding Source: [ ] Operating [x] Other Contract/Agreement: Effective Date: Expiration Date: Budget Acct.#: N/A Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Resolution 82, 2012 -Exhibit "A": Agreement Meeting Date: September 13, 2012 Resolution 82, 2012 Page 2 of2 BACKGROUND: As an opportunity to enhance interoperability and communication for police functions while managing long-term costs of those services, the Town of Jupiter Inlet Colony (JIC) desires to consolidate its police dispatch operations with the North County Dispatch Center (NCDC), which consists of the Town of Jupiter and the Town of Juno Beach. Subsequently, an lnterlocal Agreement has been prepared to effectuate this action. The lnterlocal Agreement identifies the City of Palm Beach Gardens (PBG) as the dispatch service provider. PBG currently manages the operations of the NCDC, and NCDC dispatchers and supervisors are considered employees of the City of Palm Beach Gardens, and its assets are owned by the City of Palm Beach Gardens. The municipality hereby designates its respective director and chief of its public safety/police department, or designees, for performance and receipt of performance of all services and actions under the Agreement. The contract administrators shall be the points of contact for all operational matters between the municipalities. Matters relating to the delivery of dispatch services and operational efficiencies will be resolved by the Chief of Police of Palm Beach Gardens Police Department. In the event that service delivery issues cannot be resolved by the Chief of Police of Palm Beach Gardens Police Department, the matter will be reviewed by the City Manager of Palm Beach Gardens for resolution. Budgetary management and cost distribution shall be determined based on population. Payment shall be based upon an annual NCDC budget prepared by PBG and submitted to JIC for its review and recommendations no later than April 1st each year. JIG-approved NCDC budget document must be submitted to PBG no later than May 1st each year; PBG shall be entitled to an administrative fee, which shall be included within the NCDC budget and which shall be paid to PBG by JIC according to its cost share. Approval of the lnterlocal Agreement will help sustain escalating personnel costs in the future and help reduce operational, capital, and technology costs through cost sharing of what would be redundant expenses incurred by separate agencies. This will dramatically improve the safety of the residents and the police officers of the participating municipalities. Public safety interoperability and situational awareness between the cities will be noticeably improved with an increased level of effectiveness for all municipal residents. STAFF RECOMMENDATION: Staff recommends approval of Resolution 82, 2012 as presented. 1 RESOLUTION 82, 2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA BETWEEN THE CITY OF PALM BEACH 6 GARDENS AND JUPITER INLET COLONY TO PROVIDE DISPATCH 7 AND COMMUNICATIONS OPERATIONS; AUTHORIZING THE MAYOR 8 TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; 9 AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal 13 Cooperation Act of 1969," authorizes local governments to make the most efficient use of 14 their powers by enabling them to cooperate with other localities on a basis of mutual 15 advantage and thereby provide services and facilities that will harmonize geographic, 16 economic, population, and other factors influencing the needs and development of local 17 communities; and 18 19 WHEREAS, Jupiter Inlet Colony has identified the consolidation of police dispatch 20 operations as an opportunity to enhance interoperability and communication for police 21 functions while managing long-term costs of those services; and 22 23 WHEREAS, the City of Palm Beach Gardens will be the dispatch service provider to 24 Jupiter Inlet Colony and will manage the operations of the North County Dispatch Center; 25 and 26 27 WHEREAS, the joining of Jupiter Inlet Colony in this effort will help sustain 28 escalating personnel costs in the future and help reduce operational, capital, and 29 technology costs through cost sharing of what would be redundant expenses incurred by 30 the separate agencies; and 31 32 WHEREAS, the City wishes to enter into the lnterlocal Agreement with Jupiter Inlet 33 Colony, which Agreement has been prepared and is attached hereto as Exhibit "A"; and 34 35 WHEREAS, the City Council deems approval of this Resolution to be in the best 36 interests of the health, safety, and welfare of the residents and citizens of the City of Palm 37 Beach Gardens and the public at large. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 40 OF PALM BEACH GARDENS, FLORIDA that: 41 42 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 43 44 SECTION 2. The City Council hereby approves the lnterlocal Agreement between 45 the City of Palm Beach Gardens and the Jupiter Inlet Colony for the consolidation of police 46 dispatch operations, and authorizes the Mayor to execute the Agreement. 47 48 SECTION 3. This Resolution shall become effective immediately upon adoption. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Resolution 82, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: --------~--------------------David Levy, Mayor ATTEST: BY: -----------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 82 2012 -interlocal agmt-dispatch center with jupiter inlet colony-2012.docx Page 2 of 2 ------------------------------- Resolution 82, 2012 EXHIBIT "A" ----------------------:---------------- INTERLOCAL AGREEMENT FOR PUBLIC SAFETY DISPATCH BY AND BETWEEN THE CITY OF PALM BEACH GARDENS AND THE TOWN OF JUPITER INLET COLONY THIS INTERLOCAL AGREEMENT FOR PUBLIC SAFETY DISPATCH ("Agreement") is made and entered into (the date of Agreement full execution) by and between the CITY OF PALM BEACH GARDENS ("PBG") and JUPITER INLET COLONY ("JIC") each being a municipality located in Palm Beach County, Florida, each being duly organized and existing under the laws of the State of Florida. W I T N E S S E T H: WHEREAS, the Florida Constitution and Chapter 166, Florida Statutes, provide for municipal home rule and powers; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into Interlocal Agreements for the performance of service functions of public agencies; and WHEREAS, PBG and JIC desire for PBG to provide public safety communications dispatch services for each of their respective public safety services, and PBG is willing to provide same from the PBG EOCC Dispatch Center ("North County Dispatch Center or "NCDC") for a reasonable fee acceptable to the parties; and WHEREAS, each of said municipalities desire to enter into this Agreement and to perform it insofar as practicable for the uses and purposes herein expressed subject to and conditioned upon performance of the terms of this Agreement; and WHEREAS, PBG and JIC have determined that entering into and performing this Agreement will further the health, safety, and welfare of their citizens and businesses. NOW, THEREFORE, for and. in consideration of the mutual agreements, terms, and conditions, the Parties hereby mutually agree as follows: 1. Recitals: The above recitals, incorporated and adopted herein, are true and correct. Page 1 of9 2. Authority for Agreement: By entering into this Agreement, each of the municipalities respectively represents to the other that it has full right and lawful authority to enter into and perform this Agreement and that it has fully considered, found, and determined that entering into and performing this Agreement is in the best interests of its citizens; and each of the municipalities respectively promises to the other to do all things and take all action necessary or appropriate to effect and implement this Agreement. The authority for this Agreement is found in Chapter 163 and Chapter 166, Florida Statutes. 3. Purpose: The purpose of this Agreement is to cooperate concerning public safety communications and dispatch services. 4. Definition of Terms: For the purposes of this Agreement, the terms set forth hereinbelow shall have the meanings as follows: A. "Contracting Municipality" shall mean any municipal corporation being served by PBG for public safety dispatch through the NCDC whose population is included for the purposes of determining each municipality's cost share. B. "Budget" shall be construed 'to mean the annual financial and operating plan for the NCDC fiscal year. C. "Standard Operating Procedures and Response Protocols" ("SOP") shall mean the policies and practices that shall guide the response to calls for service and the delivery of emergency dispatch services. The SOP will be developed by PBG 5. Term: The term of this Agreement shall be for a period of four ( 4) years commencing on October 1, 2012, and terminating on September 30, 2016, unless sooner terminated in accordance with this Agreement. Single contract years commence on October 1st of each calendar year and end on September 30th of the following calendar year. 6. Public Safety Communications and Dispatch Services: A. PBG Provision of Service: PBG agrees to provide Dispatch Service for PBG and JIC through its EOCC Dispatch Center, operating and known as the North County Dispatch Center ("NCDC") for the term set forth in paragraph 5 unless or until this Agreement is otherwise terminated in accordance with the terms and conditions more particularly set forth herein. Specifically, PBG will provide twenty-four hour per day (24 hr/day) seven (7) days per week staffing and dispatch services to JIC with such services to be in substantially the same manner, quality, form, and substance, Page 2 of9 including radio frequency and communications in accordance with the Municipal Public Safety Communications Consorthm Agreement (MPSCC), computer access and searches, radio dispatch, and telephone answering service as that provided within PBG. JIC shall be responsible for the purchase and maintenance of all radios, client side software, licenses and hardware, server software, licenses and hardware unique to each community, and other equipment necessary in order to receive services from the NCDC. However, notwithstanding the foregoing, nothing contained herein will modify the terms or conditions of the MPSCC for radio communications, which shall govern matters of radio communication pertaining to maintenance, infrastructure, operations equipment, and subscriber units. Communications consoles located in the NCDC are specifically exempt from the MPSCC. B. Recognition of Error: JIC recognizes there 1s a possibility that a g1ven communication or dispatch, including, without limitation, a call for emergency service, may be inadvertently misrouted by reason of electronic, manual, or human error. When the misrouted communication or dispatch is an emergency call, each party agrees to use reasonable efforts to remedy the misrouting to the extent reasonable at the time and under the then-existing circumstances. C. Exclusive Command: All NCDC personnel, equipment, facilities, and communications and dispatch services shall be and remain under the exclusive command, direction, management, and/or deployment of PBG through its Chief of Police or designee. The officials, employees, inhabitants, or other persons within the respective municipal boundaries of JIC shall not interfere with such command. D. Daily Operational Matters: JIC hereby acknowledges that the NCDC may receive simultaneous calls for separate accidents, police calls, fires, or other public safety concerns. In the event of such simultaneous calls, the judgment or direction and command of the Chief of Police of Palm Beach Gardens Police Department, or his/her senior officer on duty at the time, shall be binding and final as to which call should receive first, present, and future p1 iority response and shall control such action and conduct. However, notwithstanding the foregoing, PBG's Chief of Police shall enforce and comply with the NCDC Standard Operating Procedures and Response Protocols to the extent practicable. Page 3 of9 7. Administration: A. Identification: The PBG EOCC Dispatch Center, although operated by PBG, shall be identified and publicly recognized as the "North County Dispatch Center" or as may be determined by a unanimous vote of the EGB. Accordingly, the Parties hereby delegate to the EGB the specific authority to require all personnel assigned to the Dispatch Center to wear uniforms/clothing bearing the name of the Dispatch Center and/or its logo, to determine the details of such logo, and to change the name of the Dispatch Center and the design of the logo as the EGB may see fit. B. Resolution of Service Delivery Issues: Matters relating to the delivery of dispatch services and operational efficiencies will be resolved by the Chief of Police of Palm Beach Gardens Police Department. In the event that service delivery issues cannot be resolved by the Chief of Police of Palm Beach Gardens Police Department, the matter will be reviewed by the City Manager of Palm Beach Gardens for resolution. 8. Consideration: As consideration for PBG entering into this Agreement and agreeing to provide the JIC with public safety communications and dispatch services during the term of this Agreement, JIC hereby agrees to pay PBG as follows: A. Payment shall be based upon an annual NCDC budget prepared by PBG and submitted to JIC for its review and recommendations no later than April 1st each year. JIC-approved NCDC budget document must be submitted to PBG no later than May 1st each year, unless an extension of time is granted by the PBG City Manager. The budget document shall take into consideration personnel and operational changes that are required and all administrative and operational expenses. PBG shall be entitled to an administrative fee, which shall be included in the NCDC budget and which shall be paid to PBG by JIC according to its cost share. Each Contracting Municipality's cost share shall be calculated based upon its percentage of the total population of all the Contracting Municipalities being served by PBG for public safety dispatch through the NCDC ("cost share metric"). It is hereby acknowledged by JIC that the total population being served, as established by the University of Florida Bureau of Business and Economic Research (BBER), may change from time to time based upon actual population change or by expanding service to additional municipalities, which may decrease or increase each Contracting Municipality's cost share. Contracting Page 4 of9 Municipalities having a population of 1000 or more residents will have a minimum cost share equal to no less than the cost of one (1) dispatch position (salary and benefits). Contracting Municipalities having a population less than 1 000 residents .shall have a cost share equal to no less than one-half (1/2) of the cost of one (1) dispatch position (salary and benefits). The above-referenced minimum cost share amounts shall be in addition to the administrative fee referenced hereinabove. B. If at the end of any contract year a budget shortfall exists, each Contracting Municipality shall be obligated to pay its cost share of any such shortfall in accordance with the cost share metric that was utilized during the budget year in which the shortfall occurred. Conversely, if at the end of any contract year a budget surplus exists, such surplus shall represent a committed fund balance to be utilized specifically for NCDC budgetary purposes. 9. Force Majeure: PBG shall not be liable under any theory of law to any Contracting Municipality, its officials, employees, agents, citizens, or persons within its. municipal boundaries for any cessation of service caused by acts of God, fire, strike, casualty, civil or military authority, insurrection, riot, or other event or circumstance not within the control ofPBG. 10. Insurance: A. PBG shall carry and maintain continuously throughout the term of this Agreement insurance to protect its personnel and equipment in the event of damage or destruction in an amount not less than One and One-Half Million Dollars ($1,500,000.00) and shall provide its employees with Workers' Compensation Insurance as required by law. JIC shall be furnished with an original fully-executed certificate of said insurance, which certificate must provide for thirty (30) days' notice to JIC prior to cancellation. B. JIC shall carry and maintain continuously throughout the term of this Agreement all- risk liability insurance in an amount not less than One and One-Half Million Dollars ($1 ,500,000.00). PBG shall be named as an additional insured and shall be furnished with an original, fully-executed certificate of said insurance, which certificate must provide for thirty (30) days' notice to PBG prior to cancellation. Page 5 of9 11. Governmental Powers: The Parties acknowledge that this Agreement is an Interlocal Agreement under Chapter 163, Florida Statutes, and that each party shall retain all legislative authority with regard to its respective governing body. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and other benefits which apply to the activity of the officers, agents, or employees of any public agency when performing their respective functions within the territorial limits for their respective agency shall apply to the same degree and extent to the performance of such functions and duties of those officers, agents, or employees extra-territorially under the provlSlons of any Interlocal Agreement. 12. Indemnification: JIC shall indemnify, defend, and hold harmless PBG against any actions, claims, or damages arising out of the subject Contracting Municipality's negligence in connection with this Agreement to the extent permitted by law. PBG shall indemnify, defend, and hold harmless JIC aga::nst any actions, claims, or damages arising out ofPBG's negligence in connection with this Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity for any party beyond the limits set forth in Section 768.28, Florida Statutes (2009). 13. No Transfer of Powers: Nothing contained in this Agreement shall be construed to constitute a transfer of powers in any way whatsoever. This Agreement is solely an Interlocal Agreement to provide services, including, without limitations, services as authorized by Chapter 163, Florida Statutes. The Contracting Municipalities shall each retain all legislative authority with regard to the respective governing bodies. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of any public agency when performing their respective functions within the territorial limits of their respective agencies shall apply to the sarae degree and extent to the performance of such functions and duties of such officers, agents, or employees extra-territorially under the provisions of any such Interlocal Agreement. 14. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against any of the Parties. Page 6 of9 --------------------- 15. Binding Effect: All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the municipalities and their respective legal representatives or successors; but no person not a direct party to this Agreement shall be or be deemed to be a legally-entitled third-:-party beneficiary hereof. 16. Non-Assignment: This Agreement may not be assigned by any Contracting Municipality · without the prior written consent of the governing bodies of each Contracting Municipality. 17. Governing Law and Venue: This Agreement and all services contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. Venue for all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida. 18. Agreement Administrators: Each of the municipalities hereby designates its respective director and chief of its public safety/police departments, or designees, or in the absence of the designated person, its acting director or chief, to be its Administrator and liaison for the performance and receipt of performance of all services and actions under this Agreement. Said contract administrators shall be the points of contact for all operational matters between the municipalities. 19. Waiver: No delay or failure by any Contracting Municipality in enforcing or insisting on strict performance of any of the terms or provisions hereof shall be deemed a waiver of any other or further term or provision of similar or dissimilar nature or of any continuing wmver. 20. Termination: A. This Agreement may be terminated, with or without cause, by any Contracting Municipality, only by providing written notice to the others, no later than October 1st of any contract year. Any such termination shall not be effective until September 301h of the contract year in which such notice was served. B. Termination of this Agreement, regardless of the reason, shall not modify or alter in any way the Municipal Public Safety Communications Consortium Agreement for radio communications. 21. Renewal: Unless a Contracting Municipality gives notice of termination in accordance with Section 20, this Agreement shall be automatically renewed for one (1) additional five- (5) year term. Page 7 of9 ----------------------~-- 22. Notice: All formal notices affecting the terms or provisions of this Agreement shall be in writing and delivered in person or sent by registered or certified mail to the municipality as ·designated below, until such time as the municipality furnishes other written instructions for such other notice delivery. For City of Palm Beach Gardens: For Town of Jupiter Inlet Colony: City Manager Town Administrative Officer 10500 N. Military Trail 1 Colony Road Palm Beach Gardens, Florida 33410 Jupiter Inlet Colony, Florida 33469 Attn: Contract Administrator/Chief of Police Attn: Contract Administrator/Chief of Police 23. Effective Date: This Agreement shall be effective. on the later of October 1, 2012, or its full execution and filing with the Clerk of the Circuit Court in and for Palm Beach County. 24. Entire Agreement: This Agreement represe·1ts the entire understanding and agreement between the Parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those herein contained. This Agreement shall supersede all previous communications, representations, proposals, or agreements, either oral or written, between the municipalities hereto and not herein contained. No amendment or modification of this Agreement shall be binding unless approved by each of the Parties' respective governing bodies and reduced to writing, executed, delivered, and filed with the Clerk of the Circuit Court of Palm Beach County with the same formalities as this Agreement. Notwithstanding the foregoing, the development and adoption of the annual NCDC budget shall not be considered an amendment to this Agreement. Page 8 of9 IN WITNESS WHEREFORE, each of the Parties has authorized and caused this Agreement to be made, executed (signed by its Mayor and attested by its City/Town Clerk) in triplicate (one original for each Contracting Municipality and one for filing). DATE: ________________ __ CITY OF PALM BEACH GARDENS David Levy, Mayor ATTEST: DATE: 1Jvb US'r I 3, 2o l "2..-- TOWN OF JUPITER INLET COLONY ATTEST: ---------~~ Patricia Snider, CMC, City Clerk oaspet:rammma, Town Clerk · (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney (Seal) A~PR VED LE S .. \\pbgsnas\Attomey\attorney_share\AGREEMENTS\EOCC Dispatch Interlocal\Interlocal Agreement-PublicSafetyDispatch-2012-with Jupiter Inlet Colony.doc Page 9 of9 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 13, 2012 Resolution 83, 2012 Subject/Agenda Item: Approve and ratify Article 28, Salary Plan, reflecting no wage increase for Fiscal Year 2012-2013 of the Collective Bargaining Agreement between the SEIU/Fiorida Public Services Union and the City of Palm Beach Gardens. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Human Resources ~~ HR Administrator Advertised: NA Date: Paper: [ x] Not Required Deputy City ~r ~Ill Submitted by: Department Director Affected parties ~------------~ Approved by: [ ] Notified [X] Not required Costs: $ _____ _ (Total) $-=----=:-:- Current FY Funding Source: ] Operating ] Other Contract/Agreement: Effective Date: October 1. 2011 Expiration Date: September 20, 2014 Budget Acct.#: Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Resolution 83, 2012 -Exhibit "A" Article 28, Salary Plan SEIU/FPSU Collective Bargaining Agreement • Letter from SEIU/FPSU Meeting Date: September 13, 2012 Resolution 83, 2012 Page 2 of3 BACKGROUND: In accordance with the current three-(3) year contract effective October 1, 2011, through September 30, 2014, between the City and the SEIU/Fiorida Public Services Union, Article 28, Salary Plan was open to negotiation for Fiscal Year 2012-2013. The City's negotiating team met with representatives of the SEIU/Fiorida Public Services Union on July 24, 2012, and successfully reached a Tentative Agreement providing the following: • 0% salary increase; and • Continues a 3% salary allowance to all bargaining unit employees enrolled in the Florida Retirement System, to offset the 3% employee contribution mandated by the State on July 1, 2011. The allowance is not added to wages and only applies to employees hired before July 1, 2011. The allowance may be discontinued or modified if the employees' contribution amounts are discontinued or modified. The SEIU/FPSU members voted 47-0 in favor of ratification of Article 28, Salary Plan for Fiscal Year 2012-2013. STAFF RECOMMENDATION: Staff recommends approval of Resolution 83, 2012 as presented. 1 2 RESOLUTION 83, 2012 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING AND RATIFYING 7 ARTICLE 28, SALARY PLAN OF THE COLLECTIVE BARGAINING 8 AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL 9 UNION/FLORIDA PUBLIC SERVICES UNION FOR THE FISCAL 10 YEAR 2012-2013; AUTHORIZING THE MAYOR AND CITY 11 MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING AN 12 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 13 14 15 WHEREAS, the City's Negotiating Team and the SEIU/Fiorida Public Services 16 Union have reached an agreement regarding Article 28, Salary Plan of the Collective 17 Bargaining Agreement for members employed by the City of Palm Beach Gardens for 18 the Fiscal Year 2012-2013; and 19 20 WHEREAS, the members of the SEIU/Fiorida Public Services Union affected by 21 the Agreement have voted in favor of ratification; and 22 23 WHEREAS, such Agreement has been prepared and is attached hereto as 24 Exhibit "A"; and 25 26 WHEREAS, the City Council deems approval of this Resolution to be in the best 27 interest of the health, safety, and welfare of the residents and citizens of the City of 28 Palm Beach Gardens and the public at large. 29 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 32 OF PALM BEACH GARDENS, FLORIDA that: 33 34 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 35 36 SECTION 2. The City Council hereby approves and ratifies Article 28, Salary 37 Plan of the Collective Bargaining Agreement between the City and the SEIU/Fiorida 38 Public Services Union for Fiscal Year 2012-2013, and hereby authorizes the Mayor and 39 City Manager to execute the Agreement. 40 41 SECTION 3. This Resolution shall become effective immediately upon adoption. 42 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 83, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: -------------------------------David Levy, Mayor ATTEST: BY: ---------------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ---------------------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 83 2012 -collective bargaining agreement-seiu.doc Page 2 of 2 Resolution 83, 2012 EXHIBIT "A" Section 1: Section2: Section 3: ARTICLE28· SALARY PLAN Bargaining \!nit members shallt:eceive a zerq percent (0%) increase on base salary on October 1, ~2012, and wage re-openers for Fisaal Years 9Q12 2Ql3 and 2013-2014. Employees shall continue to receive annual pe1formance evaluations. For Fiscal Yem• 2012-2013, the City will continue to provide a 3% salaey allowance to offset the 3% employee contributionmandatedlw state legislature effectiveJuly l, 20ll. Such allowance will be provided to all bargaining unit employees enrolled in the.Flodda Retirement System, and only applies to employees hired before. July 1, 2011. This allowance will not be added to wages, and will be listed as a separate line item 011 employees' paychecks. Further, this allowance shall be considered each fiseal year in conjunction with the annual budget process. In the City's sole discretion, this allowance may be discontinued ormodified if the employees' contribution amounts are discontinued or modified. 34 IN WITNESS WHEREOF~ the parties have caused the Agreement to be signed by their duly authorized representatives on theJ..Q__ day of /-\~[;·~ } , ~ 2012. FOR THE CITY OF PALM BEACH GARDENS . Ronald M. Fe1Tis, City Manager David J. Levy, Mayor Patricia Snider, City Clerk She1yl Stewart, Human Resources Administrator FOR THE SERVICE EMPLOYEES INTERNATIONAL UNIONIFPSU Norman Chabre, SEID/FPSU Representative /FPSU Representative 46 b SEIU ALPHONSO MAYFIELD President JOHN MCGIBBON VP for Operations RICHARD "MAC" MACDONALD VP for Finance ROBIN TURNER VP for Organizing THEO WEBSTER VP for Political Strength SHERRIE COLGAIN VP for Member Strength Palm Springs 2112 S. Congress Avenue Sulte205 Palm Springs, FL 33406-7670 561.965.0077 Fax: 561.965.0151 Toll Free: 866.855.5004 Jacksonville 435 Clark Road, Suite 110 Jacksonville, FL32218-5558 904.766.8717 Fax: 904.766.6624 Orlando 1200 Hillcrest Street, Suite 101 Orlando, Fl32803-4735 407.856.5828 Fax: 407.856.5695 St. Petersburg 449 Central Avenue, Suite 104 Sl Petersburg, FL 33701·3876 727.823.0011 Fax: 727.823.0088 Tavares 101 N. Joanna Avenue Tavares, FL32778·3215 352.742.9599 Fax: 352.742.9590 i Sheryl Stewart Palm Beach Gardens Human Resource Administrator Via email The results of the ratification vote on September 5, 2012 on Article 28 of the SEIU~FPSU-Palm Beach Gardens Contract are as follows: Vote to accept a 3% allowance from the City to offset State mandated employee contribution to pension- Yes:47 No: 0 Matthew Snyder Contract Administrator-SEIU~FPSU 561-308~0629 matt.snyder@seiufpsu.org E-mail: info®seiuflpublicservicesunion.org • Web Site; www.seiuflpublicservicesunion.org CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 13, 2012 Resolution 85, 2012 Subject/Agenda Item: Approving an Agreement with Rampell & Rampell, P.A. for Auditing Services. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance Allan Owens Finance Administrator inistrator Advertised: NA Purchasing & Contracts Director t4(4 Km! Ra Submitted by: Date: Paper: ( x ) Not Required Affected parties ~--------------~ Approved by: []Notified [ x ] Not required Costs: $78,000 (Total) $0 ______ _ Current FY Funding Source: [ x ] Operating []Other Contract/Agreement: Effective Date: 10/01/2012 Expiration Date: 9/30/2013 Budget Acct.#: 001.0900.519.3210 Council Action: ] Approved ] Approved w/ Conditions ) Denied ] Continued to: Attachments: • Resolution 85, 2012 -Exhibit "A": 2009 Agreement -Exhibit "B" Addendum I • Engagement Letter Meeting Date: September 13, 2012 Resolution 85, 2012 Page 2 of 2 BACKGROUND: The City is required by Section 218.39, Florida Statutes, to have yearly audits; therefore, staff recommends the renewal of the current agreement with Rampell & Rampell, P .A. for auditing services for the City. The original agreement was competitively solicited by the City, and Rampell and Rampell was awarded the contract to perform the services (RFP 2009-011 ). Staff is requesting that the agreement for auditing services with Rampell & Rampell be renewed for the 2012-2013 fiscal year. STAFF RECOMMENDATION: Staff recommends approval of Resolution 85, 2012 as presented. 1 2 3 RESOLUTION 85, 2012 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA APPROVING ADDENDUM I TO THE 8 AGREEMENT FOR INDEPENDENT AUDIT SERVICES WITH 9 RAMPELL & RAMPELL, P.A.; AUTHORIZING THE MAYOR TO 10 EXECUTE ADDENDUM I TO THE AGREEMENT; PROVIDING AN 11 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 12 13 14 WHEREAS, on August 20, 2009, the City Council approved the award of a 15 contract to Rampell & Rampell, P.A. for Independent Audit Services (a copy of which is 16 attached hereto as Exhibit "A") for a three-(3) year period beginning with fiscal year-end 17 financials dated September 30, 2009, and ending September 30, 2011, with the 18 expectation that additional Agreement extensions may be awarded for two (2) one-year 19 renewal option periods; and 20 21 WHEREAS, the City wishes to extend the Agreement for Independent Audit 22 Services for a period of one ( 1) year; and 23 24 WHEREAS, Addendum I to the Agreement for Independent Audit Services has 25 been prepared and is attached hereto as Exhibit "B"; and 26 27 WHEREAS, the City Council deems approval of this Resolution to be in the best 28 interests of the health, safety, and welfare of the residents and citizens of the City of 29 Palm Beach Gardens and the public at large. 30 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 36 37 SECTION 2. The City Council hereby approves Addendum I to the Independent 38 Audit Services Agreement between the City of Palm Beach Gardens and Rampell & 39 Rampell, P.A.", authorizes the Mayor to execute said Addendum I and authorizes the 40 City Manager to execute the engagement letter, dated June 25, 2012. 41 42 SECTION 3. This Resolution shall become effective immediately upon adoption. 43 44 45 46 47 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 85, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: -----------------David Levy, Mayor ATTEST: BY: ---------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 85 2012-addendum ito independent audit services agmt-rampell.doc Page 2 of 2 Resolution 85, 2012 EXHIBIT "A" I 'I• AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into on this pl!'Pt-day of tWUv.;.r , 2009, by and between the City of Palm Beach Gardens ("CITY") and Rampell & Ram pelf, P .A. ("CONSULTANT"), a Florida Corporation whose Federal Identification Number is 59-1765873 and whose address is 223 Sunset Avenue, Suite 200, Palm Beach, Florida 33480. WITNESSETH: WHEREAS, the CONSULTANT has submitted a proposal in response to the City of Palm Beach Gardens' solicitation for Independent Audit Services by Request for Proposal #2009-011, opening June 8, 2009; and WHEREAS, the CONSULTANT represents that it is qualified to perform these services, and can be awarded a contract therefore in compliance with the laws and in conformity with the policies and procedures of the CITY; and WHEREAS, the CONSULTANT warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement; and WHEREAS, the CITY has funds in its proposed fiscal year budget (2009-201 0), which are available for the funding of this Agreement for the fiscal year ending September 30, 2009. Funding for fiscal years ending 2010 and 2011 will be included in each of the respective fiscal years' budgets; and WHEREAS, the City Council of the CITY, at its August 20, 2009, meeting, awarded this Agreement to the CONSULTANT; and NOW, THEREFORE, the CITY and the CONSULTANT, in consideration of the mutual benefits flowing from each to t~e other, do hereby agree as follows: ARTICLE 1 -STATEMENT OF WORK 1.1 The CONSULTANT shall, to the satisfaction of the CITY, fully and timely perform all work items described in the "Statement of Work," which is included in the CONSULTANT'S Proposal and made a part of this Agreement. 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 the CONSULTANT shall, at no additional cost to the CITY, re- perform services which fail to satisfy the foregoing standard of care. The CONSULTANT warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. ' ' 1.2 As part of the Services to be provided by the CONSULTANT under this Agreement, the CONSULTANT shall substantiate, in whatever form reasonably requested by the CITY. the methodology, data, reference materials, research notes, any work completed by assistants, models, concepts, analytical theories, computer programs, and conclusions utilized as the basis for the final work product required by this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2-TERM OF THE AGREEMENT 2.1 The term of this Agreement shall cover a three {3) year period beginning with fiscal year-end financials dated September 30, 2009, ·and ending September 30, 2011, with the expectation that additional Agreement extensions may be awarded for two {2) one- year renewal option periods, subject to mutual consent. 2.2 The parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3-COMPENSATION I CONSIDERATION 3.1 The CITY shall pay to the CONSULTANT a total firm fixed price for audit services for the fiscal year ending 2009 of $68,500.00. Fiscal years ending 2010 and 2011 shall be increased by the lower of the Consumer Price Index-U.S. City average, as of October 1• each year, or 5% for totals not to exceed $71,925.00 for fiscal year ending 2010 and $75,525.00 for fiscal year ending 2011 provided in the Request for Proposal #2009-011 submittal for the full and faithful performance of the Agreement. Regardless of the foregoing, the CITY reserve$ the right to set off against the CONSULTANT for any and all damages or unsatisfactory performed work by the CONSULTANT, and this action shall not be deemed a default by the CITY. 3.2 The amount expended under this Agreement for the CITY'S fiscal years ending September 30, 2009, 2010, and 2011 shall not exceed Two Hundred Fifteen Thousand Nine Hundred Fifty Dollars ($215,950.00). 3.3 The CONSULTANT, by executing this Agreement, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, an(t current at the time of contracting. The CONSULTANT agrees that the CITY may adjust the consideration for this Agreement to exclude any significant sums by which the consideration was increased and other actual unit costs. The CITY shall make any such adjustment within one {1) year following the termination of this Agreement. 2 3.4 The CITY may, from time to time, require additional services related to the attached Statement of Work. Compensation for these additional services shall be negotiated separately by the parties for each service, but shall be based on the following hourly billing rates: $225.00 I hr.-Partners $175.00 I hr.-Managers Additional services, if any, shall be requested by means of a formal written amendment to this Agreement. ARTICLE 4 -INVOICING AND PAYMENT 4.1 The CONSULTANT'S invoices shall be sent to the following address: Finance Administrator City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 The CONSULTANT should not submit invoices to any other address at the CITY. 4.2 The CONSULTANT shall submit the invoices pursuant to the schedule outlined in the Statement of Work. 4.3 The CITY shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the CONSULTANT has performed the work according to the terms and conditions of this Agreement. However, failure by the CONSULTANT to follow the foregoing instructions shall result in an unavoidable delay of payment by the CITY. ARTICLE 5 -TERMINATION I REMEDIES 5.1 If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the Agreement shall terminate at the expiration of the ten (10) day time period. 5.2 Either party may terminate this Agreement at any time for convenience upon thirty (30) calendar days' prior written notice by certified mail, return receipt, to the other party. In the event of termination, the CITY shall compensate the CONSULTANT for all authorized work satisfactorily performed through the termination date. The CITY may withhold all payments to the CONSULTANT until such time as the CITY determines the exact amount due to the CONSULTANT. 3 ---------------------------------- ' ' 5.3 If either party initiates legal action, including appeals, to enforce this Agreement, the prevailing party shall be entitled to recover a reasonable attorney's fee and reasonable court costs. ARTICLE 6 -RECORDS RETENTION I OWNERSHIP 6.1 The CONSULTANT shall maintain records, and the CITY shall have inspection and audit rights as follows: A. Maintenance of Records: -The CONSULTANT shall maintain all financial and nonfinancial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research, or reports. Such records shall be maintained and made available for inspection for a period of four (4) years from completing performance and receiving final payment under this Agreement. B. Examination of Records: -The CITY or its designated agent shall have the right to examine, in accordance with generally-accepted governmental auditing standards, all records directly or indirectly related to this Agreement. Such examination may be made only within four (4) years from the date of final payment under this Agreement and upon reasonable notice, time, and place. Records which relate to any litigation, appeals, or settlements of claims arising from performance under this Agreement shall be made available until a final disposition has been made of such litigation, appeals, or claims . . 6.2 All documents, including, but not limited to, technical reports, research notes, scientific data, and computer programs in draft and final form, including the source code and object code which are developed by the CONSULTANT in connection with this Agreement, may be utilized by the CITY in its normal course of business. The CITY'S use may include, but shall not be limited to, reproduction, distribution, and preparation of derivative works. ARTICLE 7-STANDARDS OF COMPLIANCE 7.1 The CONSULTANT, its employees, subconsultants, or assigns shall comply with all applicable federal, state, and local laws, rules, ordinances, directives, guidelines, standards, and regulations relating to the performance of this Agreement, whether federal, state, or local. The CITY undertakes no duty to ensure such compliance, but will attempt to advise the CONSULTANT, upon request, as to any such laws of which it has present knowledge. • 7.2 The CONSULTANT hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this Agreement. The CONSULTANT shall take all measures necessary to effectuate these assurances. 4 ----------------------------- ' ' 7.3 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in Palm Beach County, Florida. 7.4 The CONSULTANT, by its execution of this Agreement, acknowledges that it has previously executed an affidavit pursuant to Section 287.133 (3)(a), Florida Statutes, affirming that the CONSULTANT is not identified as being barred from entering into this Agreement with the CITY, and that the CONSULTANT understands that it remains bound by said statute and affidavit, as therein specified. The CONSULTANT further understands and acknowledges by its execution of this Agreement that this Agreement shall be null and void, and/or that this Agreement is subject to immediate termination by the CITY for any misstatement or lack of compliance with the mandates of said statute. The CITY, in the event of such termination, shall not incur any liability to the CONSULTANT for any work or materials furnished. 7.5 The CONSULTANT shall not be exempted from paying Florida State Sales and Use Taxes to the appropriate governmental agencies or for payment by the CONSULTANT to suppliers for taxes on materials used to fulfill its contractual obligations with the CITY. The CONSULTANT shall be responsible and liable for the payment of all of its FICA/Social Security and other taxes resulting from this Agreement. 7.6 The CONSULTANT warrants that it has not employed or retained any person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement. Further, the CONSULTANT warrants that it has not paid or agreed to pay any person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from th~ awarding or making of this Agreement. For breach of this provision, the CITY may terminate this Agreement without liability, and at its own discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 7.7 The CONSULTANT shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the CONSULTANT assert any exemption to the requirement of Chapter 119 and related statutes, the burden of establishing such exception, by way of injunctive or other relief as provided by law, shall be upon the CONSULTANT. ARTICLE 8-RELATIONSHIP BETWEEN THE PARTIES 8.1 The CONSULTANT is an independent consultant and is not an employee or agent of the CITY. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent consultant between the CITY and the CONSULTANT. 8.2 The CONSULTANT shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the CITY. Any attempted assignment in violation of this provision shall be void. 5 --------------------------------------------- 8.3 The CONSULTANT shall not pledge the CITY'S credit or make the CITY a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. ARTICLE 9 -GENERAL PROVISIONS 9.1 Notwithstanding any provisions of this Agreement to the contrary, the parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, acts of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this Agreement specifies that performance by the CONSULTANT is specifically required during the occurrence of any of the events herein mentioned. 9.2 The documents listed below, by this reference, shall become a part of this Agreement as though physically attached: • CITY'S Request for Proposals #2009-011 dated May 3, 2009. • CONSULTANT'S Proposal dated June 8, 2009. 9.3 Prior to engaging in any discussions with the news media pertaining to this Agreement, the CONSULTANT shall notify the CITY'S. Manager or Finance Administrator. This includes news releases, media requests for interviews, feature articles, fact sheets, or promotional materials. 9.4 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 9.5 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the parties, their successors, and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 6 9.6 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity, or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that this Agreement shall remain operable, enforceable, and in full force and effect to the extent permitted by law. 9.7 INDEMNIFICATION The CONSULTANT shall protect, defend, reimburse, indemnify, and hold harmless the CITY and the CITY'S officers, agents, and employees free and harmless from and against any and all claims, losses, penalties, damages, settlements, costs, charges, attorneys' or other professional fees, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, or proceedings, directly or indirectly, arising out of or resulting from the mistakes or negligence, gross negligence, willful, and wanton acts and the performance of this Agreement by the CONSULTANT or its respective officers, employees, agents, servants, partners, or principals. The CONSULTANT agrees to ' investigate, respond, adjust, and provide a defense for any such claims, demands, and actions at the CONSULTANT'S sole expense and agrees to bear and remain liable for all such other costs and expenses relating thereto, even if such claim is groundless, false, or fraudulent. Notwithstanding the foregoing, the CONSULTANT'S indemnity shall not extend to liability for damages to persons or property to the extent such damage was caused by any act, omission, or default of the CITY, or by the CITY'S officers, agents, and employees. 9.8 The CONSULTANT will comply with terms and conditions of the attached Request for Proposals. 9.9 This Agreement may be amended only with the written approval of the parties hereto. 9.10 The Agreement states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this Agreement. The CONSULTANT recognizes that any representations, statements, or negotiations made by the CITY staff do not suffice to legally bind the CITY in a contractual relationship unless they have been reduced to writing and signed by an authorized CITY representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 10-SPECIAL INSURANCE CERTIFICATION PROVISIONS 10.1 The CONSULTANT shall not commence work under this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the CITY. 7 .. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CITY'S representative. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the CITY'S representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. The CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement insurance coverages and limits, including endorsements, as described herein. The requirements contained herein, as well as the CITY'S review or acceptance of insurance maintained by the CONSULTANT, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the CONSULTANT under this Agreement. 10.2 PROFESSIONAL LIABILITY The CONSULTANT shall agree to maintain Professional Liability or equivalent Errors & Omissions Liability at a limit of liability not less than One Million Dollars ($1,000,000) Per Occurrence. When a self-insured retention (SIR) or deductible exceeds Twenty- Five Thousand Dollars ($25,000), the CITY reserves the right, but not the obligation, to review and request a copy of the CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, the CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this Agreement (Certificate of Insurance shall specify: Retro date -Full prior acts coverage applies). In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this Agreement, the CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims-made basis and must indicate the amount of any SIR or deductible. 10.3 COMMERCIAL GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND WORKERS' COMPENSATION The CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than One Million Dollars ($1,000,000) Each Occurrence. The CONSULTANT shall agree to maintain Business Automobile Liability at a limit of liability not less than One Million Dollars ($1 ,000,000) Each Occurrence for all owned, non-owned, and hired automobiles. In the event the CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing the CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. The CONSULTANT shall agree this coverage shall be provided on a primary basis. 8 ' ' The CONSULTANT shall agree to maintain, during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Chapter 440, Florida Statutes. The CONSULTANT shall agree this coverage shall be provided on a primary basis. All deductibles shall not exceed Twenty-Five Thousand Dollars ($25,000.00) for any insurance required under this Agreement, unless otherwise provided for elsewhere. 10.4 UMBRELLA OR EXCESS LIABILITY If necessary, the CONSULTANT may satisfy the minimum limits required above for Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an aggregate limit not less than the highest "Each Occurrence" limit for Commercial General Liability, Business Auto Liability, or Employer's Liability. The CITY shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. 10.5 ADDITIONAL INSURED The CONSULTANT shall agree to endorse the CITY as an Additional Insured to the Commercial General Liability. The Additional Insured endorsement shall read "City of Palm Beach Gardens, including Police Department, all Officers, Employees, Elected and Appointed Committees, and Commissions." The CONSULTANT shall agree that the Additional Insured endorsements provide coverage on a primary basis. 10.6 WAIVER OF SUBROGATION The CONSULTANT shall agree, by entering into this Agreement, to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then the CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which a condition to the policy specifically prohibits such an endorsement, or voids coverage should the CONSULTANT enter into such an agreement on a pre-loss basis. 10.7 CERTIFICATE OF INSURANCE Immediately following notification of the award of this Agreement, the CONSULTANT shall agree to deliver to the CITY a Certificate(s) of Insurance evidencing all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. 9 ' . 10.8 RIGHT TO REVIEW The CITY, by and through its Risk Management Office, in cooperation with the contracting/hiring department, reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverages, or endorsements herein from time to time throughout the life of this Agreement. The CITY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. The CONSULTANT shall indemnify and save harmless and defend the CITY, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and/or causes of action, including reasonable attorneys' fees, which may arise from any breach of contract or any negligent act, gross negligent acts, willful or wanton acts, error or omission of the CONSULTANT, its officers, employees, agents, sub-consultants, or anyone acting under or within their authority and control in the performance of this Agreement. The indemnity obligations of this Agreement shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of the CITY or its officers, employees, agents, or third parties. The parties hereto recognize that this provision is supported by adequate consideration. 10.9 This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. This Agreement is binding upon the parties hereto, their heirs, successors, and/or assigns. This Agreement may not be assigned by the CONSULTANT without the prior written consent of the CITY, which consent may be unreasonably withheld. Should any dispute arise from this Agreement, venue shall lie in Palm Beach County, Florida. Should any dispute arise from this Agreement, the prevailing party to such dispute shall be entitled to reasonable attorneys' fees and court costs, including such appellate proceedings. {The remainder of this page left intentionally blank) 10 .. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this Agreement on the date first written above. ATTEST: By:~ PatriCiaSflidefJ C, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: R~.t~rney RECOMMENDED APPROVAL: By: J:1_ Allan Owens, Finance Administrator WITNESSES: By: ~f.~ Print Name= L: .. c By: ~&/teA. Print Name: Co I I (eN B "Ke r- By:~~~~~~~=::_.::::. __ Prin Name: f?,; t-kA.c.J /SA.""P"'' Title: Cb\"<t rfi(Gc.y:#-;ie o£fi¥"(.C (CORPORATE SEAL) \\Pbgsfile'Attorney\attorney_share\AGREEMENTS'AUDIT SERVICES -Rampell & Rampell, P A. -final.doc 11 Resolution 85, 2012 EXHIBIT "B" PALM BEAC~ GARDENS ';4 unique place to live, {earn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR AUDITING SERVICES AGREEMENT NUMBER RFP2009-011 THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Rampell & Rampell, P.A., a Florida corporation (hereafter referred to as "Contractor"), whose address is 223 Sunset Avenue, Suite 200, Palm Beach, Florida 33480. WHEREAS, the City awarded a contract for RFP2009-011 to the Contractor for the provision of auditing services; and WHEREAS, the Agreement expires on September 30, 2012; and WHEREAS, the City and the Contractor have mutually agreed to exercise the option to renew the Agreement for an additional one (1) year; all terms, covenants, and conditions of the original Agreement and any addenda issued thereto remaining in full force and effect, except to the extent herein amended. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period of one (1) year from October 1, 2012, through September 30, 2013. Page 11 of 3 ARTICLE 2. TERMINATION City of Palm Beach Gardens Contract No.RFP2009-011, Addendum I This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Contractor a sum not to exceed Seventy-Eight Thousand Dollars ($78,000.00), according to the terms and specifications of Agreement and the Letter of Engagement. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Contractor: Page 12 of 3 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 799-4139 Rampell & Rampell, P.A. 223 Sunset Avenue, Suite 200 Palm Beach, Florida 33480 Attn: Deborah A. Diaz, Principal Facsimile: (561) 655-7688 City of Palm Beach Gardens Contract No.RFP2009-011, Addendum I IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: __________________ _ David Levy, Mayor ATTEST: By: ____________ ___ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Executed by the Contractor this I+ day of _ _,fL..I<>o!J.....,lJ'lt"~~~---' 2012. RAMPELL & RAMPELL, P.A. By:~~ Richard Rampell, Ch1e Execut1ve Off1cer WITNESSES: By:~~ Print Name: ~\ \ ~ ~LV\\~"'t'c" By: v\41~~ Print Name: D~ =J... G:\attorney_share\AGREEMENTS\Rampell and Rampell -RFP2009-011 Supplemental Agreement (Renewal).docx Page 13 of 3 2 r Rampell &: Rampell, P.A. certified public accountants June 25, 2012 City of Palm Beach Gardens, Florida 10500 N. Military Trail Palm Beach Gardens, Florida 33410-4598 We are pleased to confirm our understanding of the services we are to provide the City of Palm Beach Gardens for the year ended September 30, 2012. We will audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of Palm Beach Gardens as of and for the year ended September 30, 2012. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City of Palm Beach Garden's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City of Palm Beach Garden's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: I) ·Management's Discussion and Analysis 2) Budgetary Comparison Schedule-General Fund 3) Schedule of Funding Progress 4) Schedule of Employer Contributions 5) Notes to Required Supplementary Information We have also been engaged to report on supplementary information other than RSI that accompanies the City of Palm Beach Garden's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1) Combining Statements-Non-major Governmental Funds 2) Combining Statements-Fiduciary Funds 3) Schedules of Revenues, Expenditures and Changes in Fund Balances-Budget and Actual- Non-major Governmental Funds 223 Sunset Avenue • Suite 200 • Palm Beach, Florida 33480 • TEL (561) 655-5855 + FAX (561) 655-7688 City of Palm Beach Gardens, Florida June 25, 2012 Page 2 The following other information accompanying the financial statements will not he subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will not provide an opinion or any assurance. I) Introductory Section 2) Statistical Section Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Palm Beach Gardens and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Statulards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. If <luring our audit we become aware that the City of Palm Beach Gardens is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with preparation of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Palm Beach City of Palm Beach Gardens, Florida June 25, 2012 Page 3 Gardens and the respective changes in financial position and cash tlows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (I) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. Audit Procedures-General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any City of Palm Beach Gardens, Florida June 25,2012 Page4 violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as an auditor is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures-Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures-Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Palm Beach Garden's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Engagement Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers. City of Palm Beach Gardens, Florida June 25, 2012 Page 5 We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City of Palm Beach Gardens; however, management is responsible for distribution of the repo11s and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Rampell & Rampell, P.A. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a Cognizant or Oversight Agency or its designee, for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Rampell & Rampell, P.A. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the City of Palm Beach Gardens or the Regulator. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on approximately June 25, 2012 and to issue our reports no later than February 22. 2013. Deborah Diaz is the engagement principal and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services shall be as stated in Article 3, Compensation/Consideration of the Agreement for Professional Services approved by the City Council pursuant to Resolution 59, 2009. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 20 II peer review report accompanies this letter. We appreciate the opportunity to be of service to the City of Palm Beach Gardens and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, RAMPELL & RAMPELL, P.A. ~~ Richard Rampell, CPA Chief Executive Officer " .. • t/ City of Palm Beach Gardens, Florida June 25,2012 Page 6 RESPONSE: This letter correctly sets forth the understanding of the City of Palm Beach Gardens, Florida. By: Ron Ferris, City Manager Date: ..... Michael C. Becker & Co. Certified Public Accountants System Review Report December 28, 20 ll To the principals ofRampeH & Rampell, P. A. 1897 Palm Beach Lakes Blvd. Suite 210 West Palm Beach, Florida 33409 West Palm Beach (561) 689-4093 Boca Raton (561) 391-0945 Miami (305) 266-6691 Fax (561) 697-4359 and the Peer Review Committee of the Florida Institute of Certified Public Accountants We have reviewed the system of quality control for the accounting and auditing practice of Rampell & Rampell, P. A. (the firm) in effect for the year ended June 30, 2011. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary. As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards and audits of employee benefit plans. In our opinion, the system of quality control for the accounting and auditing practice of Rampell & Rampell, P. A. in effect for the year ended June 30, 2011 has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Rampell & Rampell, P. A. has received a peer review rating of pass. :M.icliae{ C. (]3ecl{§r el Co. Michael C. Becker & Co. Members, American Institute of Certified Public Accountants Florida Institute of Certified Public Accountants CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 13, 2012 Resolution 88, 2012 Subject/Agenda Item: Support the efforts of Protect Our Beaches, Inc. to establish a permanent solution to stabilize and maintain the sand and dunes of Palm Beach County beaches from erosion. [X] Recommendation to APPROVE [ Recommendation to DENY Reviewed by: Originating Dept.: City Council .• Advertised: NA Date: Paper: [ x 1 Not Required Submitted by: David L vy, Mayor Affected parties ~------------~ Approved by: [ 1 Notified [ x 1 Not required Costs: __ o __ (Total) $ _________ _ Current FY Funding Source: NA [ 1 Operating [x 1 Other Contract/Agreement: Effective Date: NA Expiration Date: NA Budget Acct.#: Council Action: 1 Approved 1 Approved w/ Conditions 1 Denied 1 Continued to: Attachments: • Resolution 88, 2012 Meeting Date: September 13, 2012 Resolution 88, 2012 Page 2 of2 BACKGROUND: At the request of Tom DeRita, Resource Group, N.A., Resolution 88, 2012 is being presented in support of Protect Our Beaches, Inc. Protect Our Beaches, Inc. is a broad-based coalition of concerned property owners, citizens, business owners, civic groups, and community leaders of Palm Beach County who share a commitment to finding a permanent, ecologically sound solution to protecting Palm Beach County's beaches and dunes from erosion. Their objective is to empower Floridians to call upon federal, state, and local agencies and elected leaders to act on behalf of Palm Beach County's 4 7 -mile coast. Their goal is to find a permanent solution to stabilize and maintain the sand and dunes of Palm Beach County's beaches from erosion, protect coastal ecosystems and wildlife, protect homes and property values, enhance beach-inspired tourism, and provide community support and advocacy. STAFF RECOMMENDATION: Staff recommends approval of Resolution 88, 2012 as presented .. 1 RESOLUTION 88,2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA SUPPORTING PROTECT OUR 6 BEACHES, INC., A COALITION TO FINDING A PERMANENT, 7 ECOLOGICALLY SOUND SOLUTION TO PROTECTING OUR 8 BEACHES AND DUNES FROM EROSION; PROVIDING AN 9 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, the City desires to establish a permanent solution to stabilize and 13 maintain the sand and dunes of our beaches from erosion; and 14 15 WHEREAS, beaches are Florida's number one tourist attraction, generating 16 more than $16 billion annually to the state's economy; and 17 18 WHEREAS, sandy beaches are the first line of protection against hurricanes and 19 can reduce damage annually to the state's economy with nearly 80% of Florida's 20 residents living in coastal counties; and , 21 22 WHEREAS, the Department of Environmental Protection estimates that at least 23 276 miles of sandy beaches in Florida are experiencing critical erosion, a situation 24 which is hurting both tourism and storm protection along both coasts; and 25 26 WHEREAS, the mission is to protect coastal ecosystems and wildlife, protect 27 homes and property values, enhance beach-inspired tourism, and provide community 28 support and advocacy; and 29 30 WHEREAS, the City Council deems approval of this Resolution to be in the best 31 interests of the health, safety, and welfare of the residents and citizens of the City of 32 Palm Beach Gardens and the public at large. 33 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 36 OF PALM BEACH GARDENS, FLORIDA that: 37 38 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 39 40 SECTION 2. The City Council urges all residents to call upon federal, state, and 41 local agencies and elected leaders to act on behalf of Palm Beach County's 47-mile 42 coast. 43 44 SECTION 3. This Resolution shall become effective immediately upon adoption. 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 88, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ------------------------------David Levy, Mayor ATTEST: BY: -------------------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: -------------------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 88 2012 -supporting efforts of save our beaches inc.docx Page 2 of 2 ------~---------------- PALM BEACH GARDENS '>f unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS lOSOO N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410-4698 PURCHASING AWARD TRANSMITIAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies pf all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Independent Contractor Agreement TITLE: ICAs-Tennis Professionals DATE ADVERTISED: Not applicable WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: 104.2033.572.3400 CONTRACT TERM: 9/27/2012 -09/30/2013 CONTRACT NO.: Munroe2012; Nguyen2012 DEPARTMENT: Recreation BIDS/PROPOSALS DUE DATE: Not applicable RESPONSES RECEIVED: Not applicable CONTRACT VALUE: Expected to exceed Sixty Five Thousand Dollars ($65,000) per ICA OPTIONS TO RENEW: Not applicable BACKGROUND: Per City Purchasing Guidelines, purchases greater than or equal to $65,000 require the approval of City Council. Until 2011, no Independent Contractor earned more than $65,000.00 during contract terms. Due to the tremendous success of the tennis program, as well as the popularity of Independent Contractors Patrick Munroe, and Huy Nguyen the contract threshold of $65,000.00 is expected to be exceeded for fiscal year 2012-2013. Mr. Munroe and Mr. Nguyen have made it possible for the City to earn additional revenue due to their professional expertise and popularity with patrons. COMMENTS: The popularity of the City of Palm Beach Gardens Tennis Center has grown over the years, and City staff desires to continue the approach of working with Independent Contractors to develop more successful programs that teach the game of tennis. ~OTAPPROVEO 0 DEFERRED CITY M AGER 0 DESIGNEE DATE Independent Contractor Agreement No. ICA-Nguyen2012 PALM BEACH GARDENS ':A unique place to live, learn, work & play" City of Palm Beach Gardens 10500 North Military T-rail Palm Beach Gardens, FL 33410 INDEPENDENT CONTRACTOR AGREEMENT THIS INDEPENDENT CONTRACTOR AGREEMENT (hereinafter referred to as "Agreement") is made this 27th day of September, 2012 (hereinafter referred to as the "effective date") between the City of Palm Beach Gardens, Florida (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Huy Nguyen (hereinafter referred to as "Contractor"), whose address is 3878 Catalina Road, Palm Beach Gardens, Florida 33410. WHEREAS, the City desires to make available certain programs/services/classes/activities through its Recreation Division by entering into agreements with independent contractors for the provision of such programs/services/classes/activities; and WHEREAS, the City and the Contractor desire to clarify and define their responsibilities with regard to the provision of certain programs/services/classes/activities. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the City and the Contractor hereby agree as follows: 1. SERVICES AND TERM The Contractor shall provide on a continuing basis certain programs/services/classes/activities and such other related services as may be required by the City, which shall be specifically authorized by the City and set forth in a specific Scope of Services. Each such specific scope of services and authorization shall be referred to as a Program/Services Acknowledgment form ("PSA"). Each PSA shall be designated as Exhibit "A", attached hereto, and incorporated by reference as part of this Agreement. Each PSA form will be numbered consecutively and will set forth a specific program/service/class/activity, total amount of compensation, and term of the specific program/service/classes/activity addressed in the subject PSA. Page 11 of 10 Independent Contractor Agreement No. ICA·Nguyen2012 The term of this Agreement shall be for a period of one (1) year, commencing on the effective date, unless terminated earlier in accordance with paragraph 13. The Director of Recreation must approve any individual PSA having a value of Ten Thousand Dollars ($10,000.00) or less prior to commencement by the Contractor; any PSA having a value greater than Ten Thousand Dollars ($10,000.00) but less than Sixty-Five Thousand Dollars ($65,000.00) must be approved by the City Manager or designee prior to commencement by the Contractor. The City Council must approve compensation that will exceed Sixty-Five Thousand Dollars ($65,000.00). 2. RELATIONSHIP The parties agree and acknowledge that the Contractor is an independent contractor and is not an employee or agent of the City for any purpose. The programs/services/classes/activities are offered on an as-needed basis to the community at large and are not considered an integral part of the City's normal government functions. The relationship between the City and the Contractor is dependent on the programs/services/classes/activities offered by the City at any given time and may be short-term or limited. It is understood and agreed that nothing contained in this Agreement shall be deemed or construed as creating any other business relationship, partnership, joint venture, or other contractual relationship between the Contractor and the City. 3. MANNER OF PERFORMANCE a. The Contractor warrants that he/she/it is fully skilled and experienced, and the City shall rely upon him/her/it to perform the expected program/service/class/activity lawfully and in a manner consistent with high professional standards and ethical conduct. The Contractor shall possess all licenses, permits, and other approval legally required to teach the programs/services/classes/activities herein or conduct the programs/services/classes/activities. b. The Contractor is responsible for the satisfactory performance of the program/service/class/activity. c. The Contractor shall perform the program/service/class/activity without any additional training, direction, supervision, or control on the City's part, except that the City retains the right to specify from time to time the results to be achieved. The City also retains the right to confirm that the expected standards are met and results achieved, as well as to call to the Contractor's attention and to direct correction of any deviation from the expected standards or results. d. The City may approve or disapprove the quality of the program/service/class/activity provided by the Contractor at its sole discretion. Page 12 of 10 Independent Contractor Agreement No. ICA-Nguyen2012 e. No person other than the Contractor or a qualified employee, agent, or substitute of the Contractor shall be engaged to provide the program/service/class/activity provided for in this Agreement. The City reserves the right, at its sole discretion, to reject a replacement or substitute. 4. CITY'S RESPONSIBILITIES The City shall: a. Provide to the Contractor the nonexclusive use of a designated area in which the Contractor may perform the program/service/class/activity which is the subject of this Agreement. The City reserves the right to relocate this area to another location at anytime, for any reason, at the City's sole discretion. The City shall only be responsible for providing the equipment and/or materials that are specifically listed in the PSA as the City's responsibility for the subject program/service/class/activity. b. Collect all fees and charges from participants. c. Provide utilities, general custodial care, and registration process. Copier access will be made available for copies pertinent to the program/service/class/activity. d. Ensure that the facilities are safe, and the equipment and/or supplies provided by the Recreation Division are in proper working order. e. Conduct registration and process program/service/class/activity transfers or refunds for any and all programs/services/classes/activities and registrants. f. Provide program/service/class/activity rosters to the Contractor. g. Publicize the program/service/class/activity through the City's brochure, fliers, and press releases. h. The City's representative for this Agreement is the Director of Recreation, Telephone: (561) 630-1115. 5. CONTRACTOR'S RESPONSIBILITIES The Contractor shall: a. Perform the program/service/class/activity set forth herein in accordance with all applicable association/governing body rules and regulations and in a competent, professional, safe, and responsible manner, with full regard for the safety of the participants as well as the facility. Page 13 of 10 Independent Contractor Agreement No. ICA-Nguyen2012 b. The Contractor shall provide and maintain, in proper working order, all equipment and materials necessary to conduct the subject program/service/class/activity with the exception of those items specifically listed as the City's responsibility in the PSA. c. Inspect the activity site prior to beginning each program/service/class/activity in accordance with the City's safety standards. Should a safety condition exist at a facility, the Contractor shall report the unsafe condition immediately to the City representative and postpone the program/service/class/activity until the condition is addressed. Inspect the activity site after the program/service/class/activity is concluded to assure that the facility is left in the condition in which it was found. d. Recommend and support the marketing of the program/service/class/activity outlined in this Agreement, but refrain from engaging in marketing activities that are not under the direction of the City. e. Utilize his/her/its own methods and procedures toward a result which shall be in accordance with the purposes, intent, and objectives of the City in providing such program/service/class/activity. f. Provide the City representative with at least five (5) days' notice of all schedule conflicts/changes and immediately notify the City of any unanticipated absences, such as personal/family illnesses. g. Comply with all applicable laws, rules, codes, ordinances, guidelines, directives, and regulations, including, but not limited to, anti-discrimination, ADA, and Health Insurance Portability and Accountability Act (HIPAA) of 1996 provisions and any other such laws as amended from time to time. h. Respond within five (5) working days to any City inquiry, including business practice questions, costs of doing business, and instructor qualifications, and submit any supporting information requested. i. Perform the program/service/class/activity with the standard of care applicable to the age and level of the participants. Ensure that the minimum ratios of employees, agents, or substitutes of Contractor to participants do not fall below the criteria set by the City and comply with all requirements of this Agreement. Ensure that the participants who are minors remain in the Contractor's control until released to a guardian. j. Ensure duties and/or activities are not placed on staff to conduct additional tasks other than what is outlined in this Agreement, unless in an emergency. Page 14 of 10 Independent Contractor Agreement No. ICA-Nguyen2012 k. Only allow individuals who have completed the City's registration process and have paid the required program/service/class/activity fee to participate in any program/service/class/activity or other portion of the program/service/class/activity. I. Monitor and record attendance of all participants for every program/service/class/activity and provide the City with attendance records. m. The Contractor must attend any mandatory meeting called by the City. The Contractor is encouraged to attend any informational meetings that the Recreation Division holds. The City will not pay any type of compensation for attendance at either type of meeting. n. The Contractor must disclose any additional fees or charges, other than the program/service/class/activity fee, that is presented to or required from participants in the program/service/class/activity. Such disclosure shall demonstrate that the proposed fees and charges are limited to the actual cost of such program/service/class/activity or items. 6. NON-EXCLUSIVE RELATIONSHIP Nothing contained herein shall be construed or interpreted in such a manner as to obligate the City to use the Contractor for the prov1s1on of any program/service/class/activity. This Agreement is not an exclusive contract between the City and the Contractor. The Contractor is free to perform the above- described services for any other person or business, so long as this does not interfere with the Contractor's satisfactory performance of services for the City under this Agreement, and there are no actual or perceived conflicts of interest. 7. COMPENSATION The City agrees to pay the Contractor for performance on a per-program basis and not on any other basis. Compensation (where applicable) shall be less non-resident fees, refunds that are issued, and other costs as outlined on the PSA, and shall be paid as in accordance with the applicable PSA. The Contractor shall not engage in any activity that may result in additional cost to the City. Any acts or omissions by the Contractor while performing under this Agreement that create a real or perceived benefit to the City but have not been accounted for within the City's cash management system in accordance with the associated PSA shall not entitle the Contractor to any additional payment. Any and all liability, financial and otherwise, for such acts or omissions shall be at the sole risk of the Contractor. Pagel5of10 Independent Contractor Agreement No. ICA-Nguyen2012 8. EXPENSES The Contractor is responsible for all costs and expenses associated with performing services under this Agreement except as set forth in the specific PSA. The City will not reimburse the Contractor for any expenses incurred by the Contractor for program equipment and/or materials unless specifically set forth in the PSA. Reimbursement requests and approval will follow the Recreation Division's Standard Operating Guidelines. 9. TAXES a. The Contractor is solely responsible for the reporting and payment of all pertinent federal, state, or local self-employment or income taxes, licensing fees, or any other taxes or assessments levied by governmental authorities on any earnings made as a result of the Contractor's independent contractor relationship with the City. b. The Contractor agrees to hold the City harmless for the payment of any and all pertinent federal, state, or local self-employment or income taxes, or other assessments levied by governmental authorities on any earnings made as a result of the Contractor's independent contractor relationship with the City. c. In the event (1) that any state or federal governmental agency or court determines that the relationship between the City and the Contractor is one of employment rather than contract, and (2) as a result of that determination, the City is required to pay social security or unemployment compensation taxes, or any penalty with respect to the Contractor for any period of time prior to that determination, the Contractor agrees to reimburse the City to the extent of any refund to the Contractor of taxes previously paid by the Contractor as a result of that determination. 10. INSURANCE The City is not liable for or responsible for the provision of workers' compensation or unemployment compensation insurance for the benefit of the Contractor or any of the Contractor's employees, agents, or substitutes, if any. The Contractor understands that the City does not imply in any manner that the Contractor performing the program/service/class/activity as outlined in this Agreement is covered in any manner by the City's Insurance Umbrella. The Contractor is responsible for providing any insurance that is deemed necessary by the City for the provision of the program/service/class/activity outlined in this Agreement. Prior to commencing any activities under this Agreement, the Contractor shall ensure that it has provided the City with all insurance, if any, required hereunder. Pagel6of10 Independent Contractor Agreement No. ICA-Nguyen2012 11. INDEMNIFICATION a. The Contractor understands and agrees that, with regard to the Contractor's performance of any and all programs/services/classes/activities pursuant to this Agreement, the Contractor assumes full responsibility for its compliance with all federal, state, and local laws, rules, regulations, ordinances, directives, and guidelines, or any other laws which may govern or regulate such programs/services/classes/activities, and the Contractor's status, and the Contractor's employment relationship with others. b. The Contractor shall indemnify, save, hold harmless, and defend the City, its agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action which may arise from any and all negligent acts, gross negligent acts, willful or wanton conduct, or omissions of the Contractor during the performance of the Contractor's service under this Agreement. 12. BACKGROUND INVESTIGATION a. The Contractor warrants and represents that he/she/it and any employees have not previously been accused of, charged with, or convicted of any crimes or offenses involving sexual misconduct or improprieties, or other offenses involving other immoral or indecent behavior, either in connection with work or off duty. b. The Contractor hereby consents to an annual criminal background check by obtaining an investigative criminal background report. The Contractor understands that criminal background checks may also be performed on Contractor's substitute(s) and staff. The Contractor further understands and agrees that the processing fee(s) for the investigative criminal background report(s) shall be deducted from the first payment to the Contractor. c. Before this Agreement shall become effective and the Contractor shall be permitted to instruct any program/service/class/activity, the Contractor must receive written confirmation from the City that the Contractor's and employee's, agent's, or substitute's criminal background check and reference information have been approved and that the Contractor and employee, agent, or substitute have been cleared to commence the program/service/class/activity. 13. TERMINATION The City may terminate this Agreement at any time upon written notice to the Contractor, and the Contractor may terminate this Agreement upon written notice to the City at least thirty (30) working days prior to the Contractor's departure date. Should the City terminate this Agreement for convenience, the Contractor shall be paid for satisfactory services up to the date of termination as reasonably determined by the City. If the Contractor breaches this Agreement, the City reserves the right to Page 17 of 10 Independent Contractor Agreement No. ICA-Nguyen2012 set-off any claims it has from the Contractor, and the City shall not be deemed in default under this Agreement. The City shall be permitted to seek all remedies as provided by law and/or equity in addition to any other rights hereunder. 14. EXHIBITS The Contractor's proposal shall be attached hereto as Exhibit "B" to this Agreement, along with any and all specialty certifications, licenses, and/or memberships applicable and/or necessary for the program/service/class/activity being provided by the Contractor. All exhibits shall be incorporated into and made a part hereof. 15. NOTICES All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested. As to the City: Director of Recreation Palm Beach Gardens Recreation Division 4404 Burns Road Palm Beach Gardens, FL 3341 0 As to the Contractor: Huy Nguyen 3878 Catalina Road Palm Beach Gardens, Florida 3341 0 Phone No.: 561-713-6911 Social Security/Federaii.D. #: 497-11-7926 16. DISAGREEMENTS AND DISPUTES In the event that either the Contractor or the City commences an action for damages, injunctive relief, or to enforce the provisions of this Agreement, and either party prevails in any such action, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and all costs incurred in connection therewith as determined by the court in any such action. Regardless of the foregoing, the Contractor shall not be entitled to damages, and if the City wrongfully terminates this Agreement, it shall be deemed a Termination for Convenience. Page 18 of 10 Independent Contractor Agreement No. ICA-Nguyen2012 17. CONSTRUCTION AND SEVERABILITY The City and the Contractor agree that this Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 18. GOVERNING LAW AND VENUE This Agreement shall be governed in accordance with the laws of the State of Florida, and venue for any action enforcing the terms of this Agreement shall be Palm Beach County, Florida. 19. ENTIRE AGREEMENT This Agreement, including any exhibits attached hereto, supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services by the Contractor for the City, and contains the entire understanding with respect to the rendering of such services. No other statements, promises, representations, or agreements, whether oral or written, which are not contained in this Agreement, are valid or binding or have any effect on this Agreement. No modifications to this Agreement shall be effective unless such modifications are in writing and signed by both the Contractor and an authorized representative of the City. (The remainder of this page is intentionally left blank) Page 19 of 10 Independent Contractor Agreement No. ICA-Nguyen2012 IN WITNESS WHEREOF, the parties have set their hands and seals on the date first above written. CITY OF PALM BEACH GARDENS, FLORIDA By: ______________________________ __ David Levy, Mayor ATTEST: By: ____________ _ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM A LEGAL SUFFICIENCY: G:\attorney_share\AGREEMENTS\ICA-Nguyen2012.do Admin Use Only: INDEPENDENT CONTRACTOR By:~ Ng~ Background cleared Y No Staff Verifying ~--:.L------------------ Date Copy Sent to Fi nee ______ _ Page 110 of 10 Independent Contractor Agreement No. ICA-Nguyen2012 EXHIBIT "A" ------------~----------------- PALM BEACH GARDENS '/1 unique place to liH::, learn. work & play" Program/Services Acknowledgment Form Contractor Name: Huy Nguyen Authorization Requested by: Laura Schuppert PSA # (nguyen/2012/111}} Date of Request: 8/25/2012 Term of Program and Authorization: 9/27 /2012_ to 9/27/2013 1. Program Details: (Attach additional pages if necessary) Contractor will perform/teach programs as outlined in the monthly tennis program schedule calendar and/or otherwise scheduled. Contractor will teach lessons as scheduled. 2. Compensation: Tier Level Assigned 1 2 3 €f) Hourly Compensation = $40.00 per hour to be invoiced every 2 weeks per the City Accounts payable calendar. Compensation shall not exceed $90,000. 3. Supplies and Equipment Notes: City to provide: All equipment needed to perform/teach programs or lessons as outlined in the monthly tennis program calendar and/or otherwise requested. Contractor to provide: Expertise and knowledge to perform/teach programs or lessons as outlined in the monthly tennis program calendar and/or otherwise requested. To be Completed by the Contractor: Current Address: 3878 Catalina Rd., PBG, FL 33410 Two Contact Phone Numbers: 561-713-6911/tinhbanmm@yahoo.eom I understand that this program/services acknowledgment is subject to and governed by the terms ond conditions set forth in the Independent Contractor Agreement between me and the City of Polm Beach Gardens, dated _9/27/2012_. I will comply with the terms of that agreement and the requirements set forth in this PSA. ControctorSignature: ~ Dote: ?;{;Ls-jJ .;::L To be Completed by Staff: Director Signature: __ ...:::::s~-~:z=:::::;:=.--­ Di rector Print Name: ----L....:..::.-'--~-r~:..w.;;"""'T.z....;;;;-.""" Deputy City Mgr. Signature: --~4;;.___,g~;::::::...L="'L {If cost exceeds $10,000} Agreement Expires: 9/27/2013 Date: __ P'_-L-/_o_-_._1_-<._,__ ___ _ Date:--=.t3fi_I+~Li~/ '<--__ _ Independent Contractor Agreement No. ICA-Nguyen2012 EXHIBIT "B" Please indicate documents that are attached as Exhibit B: 1. Contractor's Proposal 2. Certifications 3. Licenses 4. Professional Memberships ---------------------------------------------------------------------------------------------------Huy Nguyen-Pro Tennis--Page 1 of 1 Huy Nguyen Professional 3 All USPTA certified professionals have participated in an extensive education and testing process which included: 1. Completion of the Professional Tennis Coaches Academy 2. A 100-question written exam covering business and instruction 3. A stroke analysis and tennis grips exam 4. A playing exam 5. An on-court exam that requires teaching a private and a group lesson. Welcome to my USPTA personal Web site. USPTApro.com has been created as a valuable resource for every tennis enthusiast. It helps me reach my students, friends, club members and potential clients to keep them abreast of everything in tennis. Along with personal information, such as my biography, facility, news, events, lessons and tennis tips, there is a carefully selected list of links with sites of interest to everyone, whether they're tennis players, fans or just people looking around. USPTA allows its members to publish their own material on theirwebsites. The Association cannot guarantee the accuracy of the statements made on the websites. as they are the responsibility of the individual members. If you find material that you deem offensive, inaccurate or in violation of civil or criminal law on any membe~s website, please notify the Association immediately so that it can take the appropriate steps. Click here 10 report inappropriat(~ materia! on this sde. © 2012, United States Professional Tennis Association. All rights reserved. http:/ /huynguyen. usptapro .corn/Default.aspx? AspxAutoDetectCookieSupport= 1 8/6/2012 Independent Contractor Agreement No. ICA-Munroe2012 PALM BEACH GARDENS ':4. unique place to live, learn, work & play" City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 INDEPENDENT CONTRACTOR AGREEMENT THIS INDEPENDENT CONTRACTOR AGREEMENT (hereinafter referred to as "Agreement") is made this 27th day of September, 2012 (hereinafter referred to as the "effective date") between the City of Palm Beach Gardens, Florida (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Patrick Munroe (hereinafter referred to as "Contractor"), whose address is 1261 Manor Drive, West Palm Beach, Florida 33404. WHEREAS, the City desires to make available certain programs/services/classes/activities through its Recreation Division by entering into agreements with independent contractors for the provision of such programs/services/classes/activities; and WHEREAS, the City and the Contractor desire to clarify and define their responsibilities with regard to the provision of certain programs/services/classes/activities. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the City and the Contractor hereby agree as follows: 1. SERVICES AND TERM The Contractor shall provide on a continuing basis certain programs/services/classes/activities and such other related services as may be required by the City, which shall be specifically authorized by the City and set forth in a specific Scope of Services. Each such specific scope of services and authorization shall be referred to as a Program/Services Acknowledgment form ("PSA"). Each PSA shall be designated as Exhibit "A", attached hereto, and incorporated by reference as part of this Agreement. Each PSA form will be numbered consecutively and will set forth a specific program/service/class/activity, total amount of compensation, and term of the specific program/service/classes/activity addressed in the subject PSA. Page 11 of 10 Independent Contractor Agreement No. ICA-Munroe2012 The term of this Agreement shall be for a period of one (1) year, commencing on the effective date, unless terminated earlier in accordance with paragraph 13. The Director of Recreation must approve any individual PSA having a value of Ten Thousand Dollars ($10,000.00) or less prior to commencement by the Contractor; any PSA having a value greater than Ten Thousand Dollars ($10,000.00) but less than Sixty-Five Thousand Dollars ($65,000.00) must be approved by the City Manager or designee prior to commencement by the Contractor. The City Council must approve compensation that will exceed Sixty-Five Thousand Dollars ($65,000.00). 2. RELATIONSHIP The parties agree and acknowledge that the Contractor is an independent contractor and is not an employee or agent of the City for any purpose. The programs/services/classes/activities are offered on an as-needed basis to the community at large and are not considered an integral part of the City's normal government functions. The relationship between the City and the Contractor is dependent on the programs/services/classes/activities offered by the City at any given time and may be short-term or limited. It is understood and agreed that nothing contained in this Agreement shall be deemed or construed as creating any other business relationship, partnership, joint venture, or other contractual relationship between the Contractor and the City. 3. MANNER OF PERFORMANCE a. The Contractor warrants that he/she/it is fully skilled and experienced, and the City shall rely upon him/her/it to perform the expected program/service/class/activity lawfully and in a manner consistent with high professional standards and ethical conduct. The Contractor shall possess all licenses, permits, and other approval legally required to teach the programs/services/classes/activities herein or conduct the programs/services/classes/activities. b. The Contractor is responsible for the satisfactory performance of the program/service/class/activity. c. The Contractor shall perform the program/service/class/activity without any additional training, direction, supervision, or control on the City's part, except that the City retains the right to specify from time to time the results to be achieved. The City also retains the right to confirm that the expected standards are met and results achieved, as well as to call to the Contractor's attention and to direct correction of any deviation from the expected standards or results. d. The City may approve or disapprove the quality of the program/service/class/activity provided by the Contractor at its sole discretion. Page 12 of 10 Independent Contractor Agreement No. ICA-Munroe2012 e. No person other than the Contractor or a qualified employee, agent, or substitute of the Contractor shall be engaged to provide the program/service/class/activity provided for in this Agreement. The City reserves the right, at its sole discretion, to reject a replacement or substitute. 4. CITY'S RESPONSIBILITIES The City shall: a. Provide to the Contractor the nonexclusive use of a designated area in which the Contractor may perform the program/service/class/activity which is the subject of this Agreement. The City reserves the right to relocate this area to another location at anytime, for any reason, at the City's sole discretion. The City shall only be responsible for providing the equipment and/or materials that are specifically listed in the PSA as the City's responsibility for the subject program/service/class/activity. b. Collect all fees and charges from participants. c. Provide utilities, general custodial care, and registration process. Copier access will be made available for copies pertinent to the program/service/class/activity. d. Ensure that the facilities are safe, and the equipment and/or supplies provided by the Recreation Division are in proper working order. e. Conduct registration and process program/service/class/activity transfers or refunds for any and all programs/services/classes/activities and registrants. f. Provide program/service/class/activity rosters to the Contractor. g. Publicize the program/service/class/activity through the City's brochure, fliers, and press releases. h. The City's representative for this Agreement is the Director of Recreation, Telephone: (561) 630-1115. 5. CONTRACTOR'S RESPONSIBILITIES The Contractor shall: a. Perform the program/service/class/activity set forth herein in accordance with all applicable association/governing body rules and regulations and in a competent, professional, safe, and responsible manner, with full regard for the safety of the participants as well as the facility. Page 13 of 10 Independent Contractor Agreement No. ICA-Munroe2012 b. The Contractor shall provide and maintain, in proper working order, all equipment and materials necessary to conduct the subject program/service/class/activity with the exception of those items specifically listed as the City's responsibility in the PSA. c. Inspect the activity site prior to beginning each program/service/class/activity in accordance with the City's safety standards. Should a safety condition exist at a facility, the Contractor shall report the unsafe condition immediately to the City representative and postpone the program/service/class/activity until the condition is addressed. Inspect the activity site after the program/service/class/activity is concluded to assure that the facility is left in the condition in which it was found. d. Recommend and support the marketing of the program/service/class/activity outlined in this Agreement, but refrain from engaging in marketing activities that are not under the direction of the City. e. Utilize his/her/its own methods and procedures toward a result which shall be in accordance with the purposes, intent, and objectives of the City in providing such program/service/class/activity. f. Provide the City representative with at least five (5) days' notice of all schedule conflicts/changes and immediately notify the City of any unanticipated absences, such as personal/family illnesses. g. Comply with all applicable laws, rules, codes, ordinances, guidelines, directives, and regulations, including, but not limited to, anti-discrimination, ADA, and Health Insurance Portability and Accountability Act (HIPAA) of 1996 provisions and any other such laws as amended from time to time. h. Respond within five (5) working days to any City inquiry, including business practice questions, costs of doing business, and instructor qualifications, and submit any supporting information requested. i. Perform the program/service/class/activity with the standard of care applicable to the age and level of the participants. Ensure that the minimum ratios of employees, agents, or substitutes of Contractor to participants do not fall below the criteria set by the City and comply with all requirements of this Agreement. Ensure that the participants who are minors remain in the Contractor's control until released to a guardian. j. Ensure duties and/or activities are not placed on staff to conduct additional tasks other than what is outlined in this Agreement, unless in an emergency. Page 14 of 10 ------------------------------------- Independent Contractor Agreement No. ICA-Munroe2012 k. Only allow individuals who have completed the City's registration process and have paid the required program/service/classiactivity fee to participate in any program/service/class/activity or other portion of the program/service/class/activity. I. Monitor and record attendance of all participants for every program/service/class/activity and provide the City with attendance records. m. The Contractor must attend any mandatory meeting called by the City. The Contractor is encouraged to attend any informational meetings that the Recreation Division holds. The City will not pay any type of compensation for attendance at either type of meeting. n. The Contractor must disclose any additional fees or charges, other than the program/service/class/activity fee, that is presented to or required from participants in the program/service/class/activity. Such disclosure shall demonstrate that the proposed fees and charges are limited to the actual cost of such program/service/class/activity or items. 6. NON-EXCLUSIVE RELATIONSHIP Nothing contained herein shall be construed or interpreted in such a manner as to obligate the City to use the Contractor for the provision of any program/service/class/activity. This Agreement is not an exclusive contract between the City and the Contractor. The Contractor is free to perform the above- described services for any other person or business, so long as this does not interfere with the Contractor's satisfactory performance of services for the City under this Agreement, and there are no actual or perceived conflicts of interest. 7. COMPENSATION The City agrees to pay the Contractor for performance on a per-program basis and not on any other basis. Compensation (where applicable) shall be less non-resident fees, refunds that are issued, and other costs as outlined on the PSA, and shall be paid as in accordance with the applicable PSA. The Contractor shall not engage in any activity that may result in additional cost to the City. Any acts or omissions by the Contractor while performing under this Agreement that create a real or perceived benefit to the City but have not been accounted for within the City's cash management system in accordance with the associated PSA shall not entitle the Contractor to any additional payment. Any and all liability, financial and otherwise, for such acts or omissions shall be at the sole risk of the Contractor. Pagel5of10 Independent Contractor Agreement No. ICA-Munroe2012 8. EXPENSES The Contractor is responsible for all costs and expenses associated with performing services under this Agreement except as set forth in the specific PSA. The City will not reimburse the Contractor for any expenses incurred by the Contractor for program equipment and/or materials unless specifically set forth in the PSA. Reimbursement requests and approval will follow the Recreation Division's Standard Operating Guidelines. 9. TAXES a. The Contractor is solely responsible for the reporting and payment of all pertinent federal, state, or local self-employment or income taxes, licensing fees, or any other taxes or assessments levied by governmental authorities on any earnings made as a result of the Contractor's independent contractor relationship with the City. b. The Contractor agrees to hold the City harmless for the payment of any and all pertinent federal, state, or local self-employment or income taxes, or other assessments levied by governmental authorities on any earnings made as a result of the Contractor's independent contractor relationship with the City. c. In the event (1) that any state or federal governmental agency or court determines that the relationship between the City and the Contractor is one of employment rather than contract, and (2) as a result of that determination, the City is required to pay social security or unemployment compensation taxes, or any penalty with respect to the Contractor for any period of time prior to that determination, the Contractor agrees to reimburse the City to the extent of any refund to the Contractor of taxes previously paid by the Contractor as a result of that determination. 10. INSURANCE The City is not liable for or responsible for the provision of workers' compensation or unemployment compensation insurance for the benefit of the Contractor or any of the Contractor's employees, agents, or substitutes, if any. The Contractor understands that the City does not imply in any manner that the Contractor performing the program/service/class/activity as outlined in this Agreement is covered in any manner by the City's Insurance Umbrella. The Contractor is responsible for providing any insurance that is deemed necessary by the City for the provision of the program/service/class/activity outlined in this Agreement. Prior to commencing any activities under this Agreement, the Contractor shall ensure that it has provided the City with all insurance, if any, required hereunder. Page 16 of 10 Independent Contractor Agreement No. ICA-Munroe2012 11. INDEMNIFICATION a. The Contractor understands and agrees that, with regard to the Contractor's performance of any and all programs/services/classes/activities pursuant to this Agreement, the Contractor assumes full responsibility for its compliance with all federal, state, and local laws, rules, regulations, ordinances, directives, and guidelines, or any other laws which may govern or regulate such programs/services/classes/activities, and the Contractor's status, and the Contractor's employment relationship with others. b. The Contractor shall indemnify, save, hold harmless, and defend the City, its agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action which may arise from any and all negligent acts, gross negligent acts, willful or wanton conduct, or omissions of the Contractor during the performance of the Contractor's service under this Agreement. 12. BACKGROUND INVESTIGATION a. The Contractor warrants and represents that he/she/it and any employees have not previously been accused of, charged with, or convicted of any crimes or offenses involving sexual misconduct or improprieties, or other offenses involving other immoral or indecent behavior, either in connection with work or off duty. b. The Contractor hereby consents to an annual criminal background check by obtaining an investigative criminal background report. The Contractor understands that criminal background checks may also be performed on Contractor's substitute(s) and staff. The Contractor further understands and agrees that the processing fee(s) for the investigative criminal background report(s) shall be deducted from the first payment to the Contractor. c. Before this Agreement shall become effective and the Contractor shall be permitted to instruct any program/service/class/activity, the Contractor must receive written confirmation from the City that the Contractor's and employee's, agent's, or substitute's criminal background check and reference information have been approved and that the Contractor and employee, agent, or substitute have been cleared to commence the program/service/class/activity. 13. TERMINATION The City may terminate this Agreement at any time upon written notice to the Contractor, and the Contractor may terminate this Agreement upon written notice to the City at least thirty (30) working days prior to the Contractor's departure date. Should the City terminate this Agreement for convenience, the Contractor shall be paid for satisfactory services up to the date of termination as reasonably determined by the City. If the Contractor breaches this Agreement, the City reserves the right to Pagel7of10 Independent Contractor Agreement No. ICA-Munroe2012 set-off any claims it has from the Contractor, and the City shall not be deemed in default under this Agreement. The City shall be permitted to seek all remedies as provided by law and/or equity in addition to any other rights hereunder. 14. EXHIBITS The Contractor's proposal shall be attached hereto as Exhibit "B" to this Agreement, along with any and all specialty certifications, licenses, and/or memberships applicable and/or necessary for the program/service/class/activity being provided by the Contractor. All exhibits shall be incorporated into and made a part hereof. 15. NOTICES All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested. As to the City: Director of Recreation Palm Beach Gardens Recreation Division 4404 Burns Road Palm Beach Gardens, FL 33410 As to the Contractor: Patrick Munroe 1261 Manor Drive West Palm Beach, Florida 33404 Phone No.: 614-203-3062 Social Security/Federaii.D. #: 442-11-9549 16. DISAGREEMENTS AND DISPUTES In the event that either the Contractor or the City commences an action for damages, injunctive relief, or to enforce the provisions of this Agreement, and either party prevails in any such action, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and all costs incurred in connection therewith as determined by the court in any such action. Regardless of the foregoing, the Contractor shall not be entitled to damages, and if the City wrongfully terminates this Agreement, it shall be deemed a Termination for Convenience. Pagel8of10 ------------------------ Independent Contractor Agreement No. ICA-Munroe2012 17. CONSTRUCTION AND SEVERABILITY The City and the Contractor agree that this Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 18. GOVERNING LAW AND VENUE This Agreement shall be governed in accordance with the laws of the State of Florida, and venue for any action enforcing the terms of this Agreement shall be Palm Beach County, Florida. 19. ENTIRE AGREEMENT This Agreement, including any exhibits attached hereto, supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services by the Contractor for the City, and contains the entire understanding with respect to the rendering of such services. No other statements, promises, representations, or agreements, whether oral or written, which are not contained in this Agreement, are valid or binding or have any effect on this Agreement. No modifications to this Agreement shall be effective unless such modifications are in writing and signed by both the Contractor and an authorized representative of the City. (The remainder of this page intentionally left blank) Page 19 of 10 Independent Contractor Agreement No. ICA-Munroe2012 IN WITNESS WHEREOF, the parties have set their hands and seals on the date first above written. CITY OF PALM BEACH GARDENS, FLORIDA By: ________________________________ __ David Levy, Mayor ATTEST: By: ____________ _ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: INDEPENDENT CONTRACTOR By:-+--=-~~~ ~~-- Patrick Munroe WITNESSES: G:\attorney_share\AGREEMENTS\ICA-Munroe2012.doc Admin Use Only: fie' ~~ Background cleared es No Staff Verifying _\/V....:........,::-=--·--------------------------------- Date Copy Sent to Fi ce By-------------------------------- Page 110 of 10 Independent Contractor Agreement No. ICA-Munroe2012 EXHIBIT "A" ------------------------------------ PALM BEACH GARDENS '/f unique p/(1(.'<! to live. learn. I FOrk & play" Program/Services Acknowledgment Form Contractor Name: Patrick Munroe Authorization Requested by: Laura Schuppert PSA # (pbjmunroe/2012/#1} Date of Request: 8/24/12 Term of Program and Authorization: 9/27/2012 to 9/27/2013 1. Program Details: (Attach additional pages if necessary) Contractor will perform/teach programs or lessons as outlined in the monthly tennis program schedule calendar and/or otherwise requested. 2. Compensation: Tier Level Assigned 1 2 3 (4) Hourly compensation=$40.00 per hour to be invoiced every 2 weeks per the City's Accounts payable calendar. Contractor will be compensated for two (2) hours for all Junior Programming administrative coordination and duties weekly. Contractor will be compensated $20.00 for each tennis racquet strung for the Palm Beach Gardens Tennis Center. To be invoiced every 2 weeks per the City's Accounts payable calendar. Compensation shall not exceed $90,000. 3. Supplies and Equipment Notes: City to provide: All equipment needed to perform/teach programs or lessons as outlined in the monthly tennis program calendar and/or otherwise requested. Contractor to provide: Expertise and knowledge to perform/teach programs or lessons as outlined in the monthly tennis program schedule and/or otherwise requested. To be Completed by the Contractor: Current Address: 1261 Manor Dr., WPB, FL 33404 Two Contact Phone Numbers: 614-203-3062/bjrunks@hotmail.com I understand that this program/services acknowledgment is subject to and governed by the terms and conditions set forth in the Independent Contractor Agreement between me and the City of Palm Beach Gardens, dated _9/27/2012_. I will comply with the terms of that agreement and the requirements set forth in this PSA. ContractorSignature: ~?£ ~ Date: ~,.} 'Jtb 1..ot1. To be Completed by Staff: Staff Member responsible for the pr~: Laura Schuppert Current background check verified:~ no Agreement Expires: 9/27/2013 Director Signature: -------==-----L.---..~----Date: _ ....... r_---f; ....... o'--~/<-01~---- Di rector Print Name: ___ _L,_LLJ.!:!...,_---4~.LU~£L:.:::..._--,,c- Independent Contractor Agreement No. ICA-Munroe2012 EXHIBIT "8" Please indicate documents that are attached as Exhibit B: 1. Contractor's Proposal 2. Certifications 3. Licenses 4. Professional Memberships 'f t· \) 1:1 ·,··.·'~\ '\\ \ •• ~ ¥ '' ' ' ' .ennfi1 · ~Sottation Hereby certifies that ~" Patrick Munroe '' .'' ~ . has successfully completed all requirements, including an extensive examination of teaching, playing and business skills, necessary for the rating of Professional 2 j. Membership No. 55336 PALM BEACH GARDENS ':4 unique place to live, leorn, work & play" CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410-4698 PURCHASING AWARD TRANSMITIAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Piggyback/Access Contract TITLE: Local Courier Services DATE ADVERTISED: N/A WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: 001.2000.572.3400 CONTRACT TERM: Four (4) years CONTRACT NO.: A7486-0/16FN DEPARTMENT: Finance BIDS/PROPOSALS DUE DATE: N/A RESPONSES RECEIVED: N/ A CONTRACT VALUE: Ninety Eight Thousand Dollars ($98,000} OPTIONS TO RENEW: None BACKGROUND: This contract will allow the City to purchase local courier services for the delivery of mail and deposits to the bank for various City departments. This agreement is a piggyback of a competitively bid and awarded Miami-Dade County contract. Extensive market research was conducted to locate a contract to piggyback for courier services because of the poor performance by the City's current courier services vendor. While the City will pay $2.50 more per trip, the price is the lowest price obtainable under piggyback courier contracts found in Miami-Dade, Broward, and Palm Beach counties. City staff met with Zap Logistics, Inc. and is satisfied that the vendor has the resources and capacity to perform the services properly. Zap Logistics, Inc. currently performs courier services for FP&L and has staff and resources in the Palm Beach County area. COMMENTS: Subsequent to approval of this piggyback agreement by the City Council, the contract with the incumbent vendor will be terminated by the City. Allan Owens Km! Ra ~VED 0 NOT APPROVED 0 DEFERRED Cl~~~ DATE PALM BEACH GARDENS ·~ unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR LOCAL COURIER SERVICES (ACCESS OTHER CONTRACT) AGREEMENT NO.: A7487-0/16FN THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Zap Logistics LLC, a Florida corporation (hereafter referred to as "Contractor"), whose physical address is 2865 SW 69 Court, Miami, Florida 33155, and whose mailing address is PO Box 55-7096, Miami, Florida 33255. WHEREAS, Section 2-294 of the City's Code of Ordinances permits the City to "piggyback" an agreement awarded to another governmental agency pursuant to a competitive sealed bid; and WHEREAS, Miami-Dade County awarded a competitively solicited Contract No.7487- 0/16 for the provision of courier services; and WHEREAS, the Contract's effective date is November 7, 2011, and expires on November 30, 2016; and WHEREAS, the Contract terms and conditions allow the City to access the Contract to purchase the courier services awarded at the prices agreed therein; and WHEREAS, the City desires to access this Contract and purchase the courier services described therein, under the existing terms and conditions. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: Page 11 of 5 City of Palm Beach Gardens Agreement No. A7487-0/16FN ARTICLE 1. DESCRIPTION OF GOODS AND/OR SCOPE OF SERVICES The Contractor shall provide local courier services as identified in the Scope of Services, which is attached hereto and incorporated herein as Exhibit "A". ARTICLE 2. PAYMENT The City will pay the Contractor based on the description, pnc1ng, and payment frequency described in the Pricing Schedule, attached hereto and incorporated herein as Exhibit "B", and upon receipt and acceptance of the goods or services by a duly authorized representative of the City. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice ARTICLE 3. TERM OF AGREEMENT The term of this Agreement shall be for a period from the date duly executed by both parties until November 30, 2016. ARTICLE 4. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 5. INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Contractor's performance under this Agreement, the Contractor hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever. ARTICLE 6. INSURANCE The Contractor shall comply with the insurance requirements established in the Contract. The Contractor shall provide a copy of its insurance certificate, listing the City as an additional insured, to the City's Risk Management Coordinator for review and approval prior to commencement of any performance under this Agreement. Page 12 of 5 ------------------------------------------- City of Palm Beach Gardens Agreement No. A7487-0/16FN ARTICLE 7. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Contractor: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 , Attn: City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 799-4139 Zap Logistics LLC Physical Address: 2865 SW 69 Court Miami, Florida 33155 Attn: Janice C. Baugh, Managing Member Facsimile: (305) 663-8895 Mailing Address: PO Box 55-7096 Miami, Florida 33255 b. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. c. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. d. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. e. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. Page 13 of 5 City of Palm Beach Gardens Agreement No. A7487-0/16FN f. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue 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. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. g. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. h. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. i. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. j. 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 non- prevailing party pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. k. Equal Opportunity. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age be discriminated against in the performance of this Agreement. I. Miami-Dade County User Access Program. The City is accessing the Miami- Dade County Contract 7487-0/16 pursuant to the provisions of the County's User Access Program, which requires a two percent (2%) discount from the Contractor's prices. The Contractor agrees to deduct this amount from payments remitted by the City and forward such payments and quarterly reports to Miami-Dade County. NOTE: The User Access Program Participation Number for the City of Palm Beach Gardens is 123341 0096. ARTICLE 8. CONTRACT AMOUNT The estimated contract amount is Ninety-Eight Thousand Dollars ($98,000) for the entire contract term. Notwithstanding the estimated contract amount, the City does not guarantee to the Contractor that this amount will be spent during the contract term. Page 14 of 5 City of Palm Beach Gardens Agreement No. A7487-0/16FN IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: ________ -=--------- David Levy, Mayor ATTEST: By: ____________ _ Patricia Snider, CMC, City Clerk Executed by the Contractor this __ day of _________ , 2012. ZAP LOGISTICS LLC By:~~ 'Janice C. BauQh,MaQing Member G:\attorney_share\AGREEMENTS\Zap Courier and Messenger Services -A 7 487 -0-16FN Local Courier Services (Draft).docx Page 15 of 5 1. 2. 3. EXHIBIT "A" SCOPE OF SERVICES City of Palm Beach Gardens Agreement No. A7487-0/16FN City of Palm Beach Gardens Pick-Up/Drop-Off Locations and Frequencies Golf Course-11401 Northlake Blvd.: Seven (7) days per week Tennis Center-5110 117th Court North: Seven(7)daysperweek Burns Road Recreation Center-4404 Burns Road: Monday through Saturday 4. Riverside/Youth Enrichment Center-10170 Riverside Drive: Monday through Friday 5. City Hall -10500 North Military Trail: Monday through Friday 6. Public Facilities-4301 Burns Road: Monday through Friday The Contractor shall deliver mail/government documents between each location listed above, as well as deposits to a bank branch located within the City of Palm Beach Gardens' city limits on each day listed above, between the hours of 8:00a.m.-5:00p.m. EXHIBIT "8" PRICING SCHEDULE City of Palm Beach Gardens Contract Agreement No. A7487-0/16FN Mondays-Fridays: Daily charge of $78.00-This includes any and all trips to the bank. Saturdays: Sundays: Daily charge of $42.00 Daily charge of $20.00 Summary of Estimated Monthly Charges: $1,808.00 per month Approximately 140 trips per month $12.91 per trip PALM BEACH GARDENS ·~4 unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS lOSOO N, MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410-4698 PURCHASING AWARD TRANSMITIAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Invitation to Bid CONTRACT NO.: ITB2012-008RC TITLE: Pool Chemicals and Supplies DEPARTMENT: Recreation DATE ADVERTISED: 6/3/2012 BIDS/PROPOSALS DUE DATE: 6/29/2012 WAS SOLICITATION OPENLY COMPETED? Yes RESPONSES RECEIVED: Five (5) FUNDING ACCOUNT INFORMATION: 001.2032.572.5200 CONTRACT VALUE: One Hundred and Seventy Thousand ($170,000) CONTRACT TERM: Five (5} years OPTIONS TO RENEW: None BACKGROUND: This contract will allow the City to purchase pool chemicals, supplies, and related items for the Recreation Division. Items to be purchased include bulk carbon dioxide, chlorine, muriatic acid, etc. These chemicals and supplies are used to maintain the swimming pools in a healthy and safe condition for use by City residents and other participants. As needed, the supplies will be purchased from the bidder which offered the lowest price per item. The contract also has a vendor pool of prequalified bidders from which the City may obtain spot quotation pricing for any item that is not listed in the Invitation to Bid. COMMENTS: At the City's discretion, each year the City may review and adjust the item prices (up or down) based on most recent annual change in the Consumer Price Index for this metropolitan region. :7J~ D NOT APPROVED ~NEE 8/31/2017 0 DEFERRED DATf 1 --------------------------------- PALM BEACH GARDEN$ ':A unique place to live, learn. work & play." The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR POOL CHEMICALS AND SUPPLIES AGREEMENT NO.: ITB2012-008RC (B) THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Gomez Chemicals, Inc. dba Beach-0-Rama, a Florida corporation (hereafter referred to as "Contractor"), whose address is 37 46 NW 16th Street, Lauderhill, Florida 33311. WHEREAS, the City desires to retain the services of the Contractor to provide pool chemicals and supplies in accordance with the City's Invitation to Bid No. ITB2012- 008RC and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. ITB2012- 008RC and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide pool chemicals and supplies as identified in the specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay the Contractor, in compliance with the Pricing Schedule and Award Summary, attached hereto and incorporated herein as Exhibit "A", according to the terms and specifications of the referenced Invitation to Bid. Page 11 of 3 City of Palm Beach Gardens ITB2012-008RC (B) ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Contractor: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney . Facsimile: (561) 799-4139 Gomez Chemicals, Inc. dba Beach-0-Rama 37 46 NW 16th Street Lauderhill, Florida 33311 Attn: Guillermo R. Gomez, President Facsimile: (954) 653-9855 b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CONTRACT TERM This Agreement shall be effective from the date executed by both parties for five (5) years until August 31, 2017. ARTICLE 6. CONTRACT AMOUNT The estimated contract amount is One Hundred Seventy Thousand Dollars ($170,000) for the five-(5} year contract term. Notwithstanding the estimated contract amount, the City does not guarantee to the Contractor that this amount will be spent during the contract term. Page 12 of 3 City of Palm Beach Gardens ITB2012-008RC (B) IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: ________________ _ David Levy, Mayor ATTEST: By: ___________ ___ Patricia Snider, CMC, City Clerk __ day of ________ , 2012. GOMEZnMIC~NC. dba BEACH-0-RAMA By:_;;g~~ Guillermo R. res1dent. G:\attorney_share\AGREEMENTS\Gomez Chemicals Inc -ITB2012-008RC (B) Agreement for pool chemicals and supplies.docx Page 13 of 3 ----------------------------------------------------------- EXHIBIT "A" City of Palm Beach Gardens ITB2012-008RC (B) PRICING SCHEDULE AND AWARD SUMMARY GROUP A Awarded Vendor: The Dumont Company-(800) 330-1369; Ron Cartwright Item Description Price No. a. Sodium Hypochlorite, Liquid (Bleach 12%) $1.35 per gallon Awarded Vendor: Gomez Chemicals dba Beach-0-Rama -(954) 922-2289; Guillermo Gomez Item Description Price No. b. C02 (bulk pressure delivery to storage tank) $0.33 per pound b (i). Cost to rent C02 tanks per year $2,000.88 each c. Calcium Chloride, 50-lb Containers $19.50 per container d. Cyanuric Acid, 1 00-lb Containers $105.82 per container e. Muriatic Acid, 1-gal Containers $3.49 per gallon f. Phosfree, 3-liter Containers $28.45 per container g. IS-3 Plus, 5-gal Pails $209.25 per pail h. Tri-Chlor Granular, 50-lb Containers $133.50 per container GROUP B 1. Vendors prequalified for the Group 8 Vendor Pool are: a. Leslie's Poolmart: (602) 366-3848 b. Commercial Energy Specialists: (561) 744-1557 c. Gomez Chemicals dba Beach-0-Rama: (954) 922-2289 PALM BEACH GARDENS ':4 unique place to live, learn, work & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR POOL CHEMICALS AND SUPPLIES AGREEMENT NO.: ITB2012-008RC (D) THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Commercial Energy Specialists, Inc., a Florida corporation (hereafter referred to as "Contractor"), whose address is 860 Jupiter Park Drive, Suite 2, Jupiter, Florida 33458. WHEREAS, the City desires to retain the services of the Contractor to provide pool chemicals and supplies in accordance with the City's Invitation to Bid No. ITB2012- 008RC and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. ITB2012- 008RC and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide pool chemicals and supplies as identified in the specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay the Contractor, in compliance with the Pricing Schedule and Award Summary, attached hereto and incorporated herein as Exhibit "A", according to the terms and specifications of the referenced Invitation to Bid. Page 11 of 3 City of Palm Beach Gardens ITB2012-008RC (D) ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Contractor: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 799-4139 Commercial Energy Specialists, Inc. 860 Jupiter Park Drive, Suite 2 Jupiter, Florida 33458 Attn: Alvaro G. Mendoza, President Facsimile: (561) 746-5898 b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CONTRACT TERM This Agreement shall be effective from the date executed by both parties for five (5) years until August 31, 2017. ARTICLE 6. CONTRACT AMOUNT The estimated contract amount is One Hundred Seventy Thousand Dollars ($170,000) for the five-(5) year contract term. Notwithstanding the estimated contract amount, the City does not guarantee to the Contractor that this amount will be spent during the contract term. Page 12 of 3 City of Palm Beach Gardens ITB2012-008RC (D) IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: _________________ _ David Levy, Mayor ATTEST: By: _____________ _ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM LEGA CY Executed by the Contractor this ~]~ay of_~...:>.<...>.L~\~>=<+-----' 2012. COMMERCIAL ENERGY SPECIALISTS, INC. WITNESSES: G:\attorney_share\AGREEMENTS\Commercial Energy Specialists-ITB2012-008RC(D) Agmt-pool chemicals and supplies.docx Page 13 of 3 EXHIBIT "A" City of Palm Beach Gardens ITB2012-008RC (D) PRICING SCHEDULE AND AWARD SUMMARY GROUP A Awarded Vendor: The Dumont Company-(800) 330-1369; Ron Cartwright Item Description Price No. a. Sodium Hypochlorite, Liquid (Bleach 12%) $1.35 per gallon Awarded Vendor: Gomez Chemicals dba Beach-0-Rama -(954) 922-2289; Guillermo Gomez Item Description Price No. b. C02 (bulk pressure delivery to storage tank) $0.33 per pound b (i). Cost to rent C02 tanks per year $2,000.88 each c. Calcium Chloride, 50-lb Containers $19.50 per container d. Cyanuric Acid, 1 00-lb Containers $105.82 per container e. Muriatic Acid, 1-gal Containers $3.49 per gallon f. Phosfree, 3-liter Containers $28.45 per container g. IS-3 Plus, 5-gal Pails $209.25 per pail h. Tri-Chlor Granular, 50-lb Containers $133.50 per container GROUP B 1. Vendors prequalified for the Group B Vendor Pool are: a. Leslie's Poolmart: (602) 366-3848 b. Commercial Energy Specialists: (561) 744-1557 c. Gomez Chemicals dba Beach-0-Rama: (954) 922-2289 ----------------------------------- PALM BEACH GARDENS ·~ unique place to live, learn, work & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR POOL CHEMICALS AND SUPPLIES AGREEMENT NO.: ITB2012-008RC (A) THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and The Dumont Company, a Florida corporation (hereafter referred to as "Contractor"), whose address is 381 S Central Avenue, Oviedo, Florida 32765. WHEREAS, the City desires to retain the services of the Contractor to provide pool chemicals and supplies in accordance with the City's Invitation to Bid No. ITB2012- 008RC and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. ITB2012- 008RC and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide pool chemicals and supplies as identified in the specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay the Contractor, in compliance with the Pricing Schedule and Award Summary, attached hereto and incorporated herein as Exhibit "A", according to the terms and specifications of the referenced Invitation to Bid. Page 11 of 3 City of Palm Beach Gardens ITB2012-008RC {A) ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Contractor: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 799-4139 The Dumont Company 381 S Central Avenue Oviedo, Florida 32765 Attn: Ronald H. Cartwright, President Facsimile: (800) 524-9315 b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CONTRACT TERM This Agreement shall be effective from the date executed by both parties for five (5) years until August 31, 2017. ARTICLE 6. CONTRACT AMOUNT The estimated contract amount is One Hundred Seventy Thousand Dollars ($170,000) for the five-(5) year contract term. Notwithstanding the estimated contract amount, the City does not guarantee to the Contractor that this amount will be spent during the contract term. Page 12 of 3 City of Palm Beach Gardens ITB2012-008RC (A) IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: ____ ~----------- David Levy, Mayor ATTEST: By: ___________ __ Patricia Snider, CMC, City Clerk E ecuted by the Contractor this 25 day of __ J_cJ--+~-----' 2012. By: __ ==~~=---~==~------- Print Name: ----==~=--"'...:..·s~t".-=,__.,..:....:....:.....,... __ ' ,.>_LA:...._ ________ _ G:\attorney_share\AGREEMENTS\The Dumont Company -ITB2012-008RC (A) Agreement for pool chemicals and supplies.docx Page 13 of 3 EXHIBIT "A" City of Palm Beach Gardens ITB2012-008RC (A) PRICING SCHEDULE AND AWARD SUMMARY GROUP A Awarded Vendor: The Dumont Company-(800) 330-1369; Ron Cartwright Item Description Price No. a. Sodium Hypochlorite, Liquid (Bleach 12%) $1.35 per gallon Awarded Vendor: Gomez Chemicals dba Beach-0-Rama -(954) 922-2289; Guillermo Gomez Item Description Price No. b. C02 (bulk pressure delivery to storage tank) $0.33 per pound b (i). Cost to rent C02 tanks per year $2,000.88 each c. Calcium Chloride, 50-lb Containers $19.50 per container ' d. Cyanuric Acid, 100-lb Containers $105.82 per container e. Muriatic Acid, 1-gal Containers $3.49 per gallon f. Phosfree, 3-liter Containers $28.45 per container g. IS-3 Plus, 5-gal Pails $209.25 per pail h. Tri-Chlor Granular, 50-lb Containers $133.50 per container GROUP B 1. Vendors prequalified for the Group B Vendor Pool are: a. Leslie's Poolmart: (602) 366-3848 b. Commercial Energy Specialists: (561) 744-1557 c. Gomez Chemicals dba Beach-0-Rama: (954) 922-2289 PALM BEACH GARDENS ':4 tmique place to live, learn, work &. play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Fl 33410 AGREEMENT FOR POOL CHEMICALS AND SUPPLIES AGREEMENT NO.: ITB2012-008RC (C) THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Leslie's Poolmart, Inc., an Arizona corporation (hereafter referred to as "Contractor"), whose address is 3925 East Broadway Road, No. 100, Phoenix, Arizona 85040. WHEREAS, the City desires to retain the services of the Contractor to provide pool chemicals and supplies in accordance with the City's Invitation to Bid No. ITB2012- 008RC and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. ITB2012- 008RC and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide pool chemicals and supplies as identified in the specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay the Contractor, in compliance with the Pricing Schedule and Award Summary, attached hereto and incorporated herein as Exhibit "A", according to the terms and specifications of the referenced Invitation to Bid. Page 11 of 3 City of Palm Beach Gardens ITB2012-008RC (C) ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Contractor: City of Palm Beach Gardens 1 0500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 799-4139 Leslie's Poolmart, Inc. 3925 East Broadway Road, No. 100 Phoenix, Arizona 85040 Attn: Steven L. Ortega, Exec. VP/CFO Facsimile: (602) 366-3939 b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CONTRACT TERM This Agreement shall be effective from the date executed by both parties for five (5) years until August 31, 2017. ARTICLE 6. CONTRACT AMOUNT The estimated contract amount is One Hundred Seventy Thousand Dollars ($170,000) for the five-(5) year contract term. Notwithstanding the estimated contract amount, the City does not guarantee to the Contractor that this amount will be spent during the contract term. Page 12 of 3 City of Palm Beach Gardens ITB2012-008RC (C) IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: ________________ _ David Levy, Mayor ATTEST: By: ________ ~~~--- Patricia Snider, CMC, City Clerk Exe uted by the Contractor this /f./ day of __t8__;__""'-.:::..,,...,"'~1_1 ____ , 2012. WITNESSES: By: ~k~ Print N~ JC Kle.c...Kev By:~ Print Name: A~r,,e, I~q,_l G:\attorney_share\AGREEMENTS\Leslies Poolmart Inc-ITB2012-008RC (C) Agreement for pool chemicals and supplies.docx Page 13 of 3 EXHIBIT "A" City of Palm Beach Gardens ITB2012-008RC (C) PRICING SCHEDULE AND AWARD SUMMARY GROUP A Awarded Vendor: The Dumont Company -(800} 330-1369; Ron Cartwright Item I Description Price a. I Sodium Hypochlorite, Liquid (Bleach 12%) $1.35 per gallon Awarded Vendor: Gomez Chemicals dba Beach-0-Rama -(954) 922-2289; Guillermo Gomez Item Description Price No. b. C02 (bulk pressure delivery to storage tank} $0.33 per pound b (i). Cost to rent C02 tanks per year $2,000.88 each c. Calcium Chloride, 50-lb Containers $19.50 per container d. Cyanuric Acid, 1 00-lb Containers $105.82 per container e. Muriatic Acid, 1-gal Containers $3.49 per gallon f. Phosfree, 3-liter Containers $28.45 per container g. IS-3 Plus, 5-gal Pails $209.25 per pail h. Tri-Chlor Granular, 50-lb Containers $133.50 per container GROUP B 1. Vendors prequalified for the Group B Vendor Pool are: a. Leslie's Poolmart: (602} 366-3848 b. Commercial Energy Specialists: (561) 744-1557 c. Gomez Chemicals dba Beach-0-Rama: (954) 922-2289 Barbara Chabre From: Sent: To: Cc: Subject: Hi Barbara, Aaron Sears [asears@lesl.com] Tuesday, August 21, 2012 12:06 PM Barbara Chabre Tim Kasher; Karen Partanen RE: LESLIE'S POOLMART, INC AGREEMENT You can just send us a copy. This will be fine with us. Thank You Aaron Sears Government Account Executive Leslie's Poolmart, Inc. 3925 E. Broadway Road, Suite 100 Phoenix, AZ 85040 602.366.3848 phone 602.366.3939 fax www.lesliespool.com asears@lesl.com From: Barbara Chabre [mailto:bchabre@pbgfl.com] Sent: Tuesday, August 21, 2012 5:29AM To: Aaron Sears Cc: Tim Kasher; Karen Partanen Subject: LESUE'S POOLMART, INC AGREEMENT Good morning Mr. Sears, I received your signed agreement this morning, thank you; however, I only received one original. Normally, we require two originals so we may return one fully executed original to you. Since I don't'"'~" have the second original, we will send you a copy when fully executed, unless you want to send me the other original. Please let me know how you want to proceed. Thank you. 13etr'bcut-cv'R. Chabr~ Executive Legal Assistant City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Office-561-799-4138 Fax-561-799-4139 .''<'p ,••)!' 1 --···-------;--------------------------- PALM BEACH GARDENS "A unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410·4698 PURCHASING AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Piggyback/Access Contract CONTRACT NO.: A10(14)28-02-06-17-V TITLE: Janitorial Supplies and Chemicals DEPARTMENT: Parks and Public Facilities DATE ADVERTISED: Not applicable BIDS/PROPOSALS DUE DATE: Not applicable WAS SOLICITATION OPENLY COMPETED? Not applicable RESPONSES RECEIVED: Not applicable FUNDING ACCOUNT INFORMATION: 001.3030.539.5200 CONTRACT VALUE: Seventy Five Thousand Dollars {$75,000) CONTRACT TERM: 09/13/2012 -08/13/2013 OPTIONS TO RENEW: Not applicable BACKGROUND: This is a renewal of an agreement to piggyback a City of Sunrise contract to purchase janitorial supplies and chemicals. The City of Sunrise, Florida, recently renewed its contract with the vendor Interline Brands DBA AmSan for another year. The various supplies and chemicals available on the contract were competitively solicited and meet the needs and requirements of the Parks and Public Facilities Department. COMMENTS: The user department has no contract performance issues with the incumbent vendor. The prices obtained are considered by staff to be fair and reasonable. David R. Max Lohman Allan Owens 0 APPROVED D NOT APPROVED c~~ D DEFERRED DATE ~----------------------------------------------------------- PALM BEACH GARDENS 'it unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR THE PURCHASE OF JANITORIAL SUPPLIES AND CHEMICALS THROUGH THE CITY OF SUNRISE CONTRACT AGREEMENT NO.: A10(14)28-02-06-17-V THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Interline Brands, Inc. dba AmSan, a New Jersey corporation (hereafter referred to as "Contractor"), whose address is 3031 N. Andrews Avenue Ext, Pompano Beach, Florida 33064. WHEREAS, Section 2-294 of the Code of Ordinances of the City of Palm Beach Gardens permits the City to "piggyback" an agreement awarded to another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the City of Sunrise, Florida awarded a competitively solicited Contract No.10(14)28-02-06-17-V for the purchase of various types of janitorial supplies and chemicals; and WHEREAS, the Contract's effective date is August 14, 2012, and expires on August13,2013; and WHEREAS, the Contract terms and conditions allow the City to access the Contract to purchase the goods or services awarded at the prices agreed therein; and WHEREAS, the City desires to access this Contract and purchase the goods or services described therein, under the existing terms and conditions. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: Page 11 of 5 City of Palm Beach Gardens Agreement No.: A10(14)28-02-06-17-V ARTICLE 1. DESCRIPTION OF GOODS AND/OR SCOPE OF SERVICES The Contractor shall supply the goods or services identified in the Description and Prices of Items, which is attached hereto and incorporated herein as Exhibit "A". ARTICLE 2. PAYMENT The City will pay the Contractor based on the description, pricing, and payment frequency described in the Description and Prices of Items, attached hereto as Exhibit "A", and upon receipt and acceptance of the goods or services by a duly authorized representative of the City. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice ARTICLE 3. TERM The term of this Agreement shall be for a period of one (1) year from August 12, 2012, through August 13, 2013. ARTICLE 4. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 5. INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Contractor's performance under this Agreement, the Contractor hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever. ARTICLE 6. INSURANCE The Contractor shall comply with the insurance requirements established in the Contract. The Contractor shall provide a copy of its insurance certificate, listing the City as an additional insured, to the City's Risk Management Coordinator for review and approval prior to commencement of any performance under this Agreement. Page 12 of 5 City of Palm Beach Gardens Agreement No.: A10(14)28-02-06-17-V ARTICLE 7. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Contractor: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Attorney Facsimile: (561) 799-4139 Interline Brands, Inc. dba AmSan 3031 N. Andrews Avenue Extension Pompano Beach, Florida 33064 Attn: James Cusick, President Facsimile: (954) 247-4301 b. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. c. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. d. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. e. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. Page 13 of 5 City of Palm Beach Gardens Agreement No.: A10(14)28-02-06-17-V f. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue 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. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. g. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. h. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. i. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. j. 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 non-prevailing party pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. k. Equal Opportunity. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age be discriminated against in the performance of this Agreement. ARTICLE 8. COMPENSATION The estimated amount of this Agreement is Seventy-Five Thousand Dollars ($75,000) for the term of one (1) year. Notwithstanding the estimated amount of this Agreement, the City does not guarantee to the Contractor that this amount will be spent during the term of this Agreement. Page 14 of 5 City of Palm Beach Gardens Agreement No.: A10(14)28-02-06-17-V IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: _________________ _ David Levy, Mayor ATTEST: By: ~-~----------Patricia Snider, CMC, City Clerk Executed by the Contractor this __ day of _________ , 2012. INTERLINE BRANDS, INC. dba AMSAN G:\attorney_share\AGREEMENTS\AmSan-A1 0(14)28-02-06-17-V Janitorial Supplies Chemicals (Access Other Contract).docx Page 15 of 5 EXHIBIT "A" Description and Prices of Items TABULATION SHEET BIDT.l'I:LE: Janitorial Supplies I Chemicals BID NO: 10(14)-V AM SAM CHENEY DADE PAPER CENTRAL .ALL AMERICAN JANITOR'S Item Est. Unit EXtended Unit Extended Unit Extended Unit Extended Unit Extended Unit Exte.nded No. Qty. Description Price Total Price Total Price Total Price Total Price Total Price Total GROUP I 1 100 Trash Litier-20" X21" 7 gal. .45 mil Lo•D, color· black $ 10.80 $ 1,080.00 $ -$ 15.86 $ 1,586.00 $ 18.15 $ 1,815.00 $ 13.61 $ 1,361.00 $ 34.10 $. 3,410.00 /cs 1000 I case 2 200 Trash Liner-30" x 36" - 20•30 gal. .45 mil Lo-D $ 9.45 $ 1,890.00 $ -$ 10.24 $ 2;048.00 :$ 10.20 $ 2,040.00 $ 18,46 $ 3,692,00 $ 20.00 $ 4,000.00 /cs Co1or-Black250 /case 3 250 Trash Liner -43"X48" -56 gal. 14 mic. Hi-D, Careless rolls Color-Nattiral $ 16.75 $ 4,187.50 $ -$ 17.61 $ 4,402.50 $ 16.10 $ 4,025.00 $ 19.03 $ 4,757.50 $ 31.10 $ . 7.,775.00 /cs 200 I cs 4 250 Trash Liner-38' x 60'; '16 me, Hi-D 'Colod:\lack $ 19.90 $ 4,975.00 $ -$ 22.65 $ 5,662.50 $ 17.40 .$ 4,350.00 $ 24.15 $ 6,037.50 $ 37.20 $ 9;300.00 /cs 200./cs 5 32 24" X 32'\Black 32 mil Lo-D Trash Liners. $ 22.65 $ 724.80 $ -$ 21.68 $ 693.76 $ 1.9.40 $ 620.80 $ 21.02 $ 672.64 $ - /cs 1000/cs 6 30 33" X 40" 33 gal black .2 mi1.Lo-,D Trash Liners $ 37.25 $ 1,117.50 $ -$ 29.06 $ 871.80 $ 21.40 $ 642.00 $ 22.1.5 $ 664.50 $ - /cs 200/cs 7 221 38" x 58" white, 74 mil Lo-D Trash liners $ 13.00 $ 2,873.00 $ -$ 12.42 $ 2,744.82 $ 13.10 $ 2,895.10 $ 13.93 $ 3,078.53 $ 22.30 $ 4,928.30 /cs 100 /cs 8 300 Joy DishwashingLiqiiid $ 25.98 $ 7,794.00 $ -$ 53.29 $ 15,987 .• 00 $ -$ -$ 59.30 $ 17,790.00 /pail 5 gal. pail) 57 Laundry Detergent Powder 9 50:lb buckets $ 17.34 $ 988.38 $ -$ 32.40 $ 1,846.80 $ -$ -$ 19.80 $ 1,128.60 lbkt 23 Dishwasher detergetn, 10 cascade 85 oz box $ 35.95 $ 826.85 $ $ 36~71 $ 844.33 $ $ $ 49.39 $ 1,135.97 --- lea 6 /cs TABULATION SHEET BID TITLE: Janitorial Supplies I Chemicals BID NO: 10(·14)-V AM SAM CHENEY DADE PAPER CENTRAL. ALL AMERICAN JANITOR'S Item Est. UnU Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended No. Qty. Description Price Total Price TOtal Price Total Price Total Price Total Price Total 500 Heavy Duty Hand Soap w. pumice Go Jo #1135 or 11 eaual size 4.5 lb Dk $ 9.35 $ 4,675.00 $ -$ 16.71 $ 8,355.00 $ -$ -$ 10.80 $ 5,400.00 /ea 6/cs 1400 Bay West Ecosoft "Opticore" 2 ply Green seal toilet tissue (865 sheets /36 !rolls 2 ply #61990 12 $ 0.94 $ 1,316.00 $ -$ -$ -$ -$ -$ -~"'('"' 13 container) 4 gallon/ cs $ 4.30 $ 860.00 $ -$ -$ -$ -$ . $ 5.95 $ 1 ,t90.00 so Dispenser -Bay West Roll Towel Di!ijlenser with button, black smoke, translucent, with auto- 14 transfer feature # 894 $ . $ -$ -$ -$ -$ -$ -$ - 70 Dispenser-BayWestRoll :n;lwel Dispenser with lever, black smGke, translucent, with auto-transfer feature # 15 895 $ $ $ $ $ $ $ $ -. --' ---- /ea 70 Concrete CleanerRecrete waterless concrete Cleaner 16 1 bo Ib drums $ 35,25 $ 2,467.50 $ -$ -$ -$ -$ -$ - /drum I 1200 Towels ·Bay West Ecosoft I 00% b!Jlll.Ched white roll towels 800 ft -#319 17 $ 4.30 $ 5,160.00 $ -$ 5.63 $ 6,756.00 $ -$ -$ - /roll 6 roUs /cs 2 TABULATION SHEET BID TITLE: Janitorial Supplies I Chemicals "BID NO: 10(14)-V AMSAM CHENEY DADE PAPER CENTRAL ALL AMERICAN JANITOR'S Item ESt. Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended No. Qty. Description Price Total Price Total Price Total Price Total Price Total Price Total 300 Dispenser, Comfresh Color 18 -chrome or equal $ -$ -$ -$ -$ -$ -$ -$ - /ea 300 Dispense, .Comfresh color- 19 white $ -$ -$ -$ -$ -$ -$ -$ - lea 288 Cleaner, chalkboard & white board cleaner 20 oz 20 can $ 1.85 $ 532.80 $ -$ -$ -$ -$ -$ 3.80 $ 1,094.40 /cans 200 Dispenser, Touch-Free Wave-n-Pry roll towel dispenser, smoke black, 21 with auto-transfer featUre $ -$ -$ -$ -$ -$ -$ -$ - /ea 800 Heavy Scouring Sponges, heavy-duty green to11gh 22 fibers & abrasives 6" x 9" $ 0.22 $ 176.00 $ -$ 0.45 $ 360.00 $ -$ -$ 0.70 $ 560.00 /ea .200 Degrel!Ser, Chlorinated Foam, Degreaser, food service grade, USDA 23 aporoved $ 6.80 $ 1,360.00 $ -$ 7.08 $ 1,416.00 $ -$ -$ 9.50 $ 1,900.00 {gal leal./ Spartan or equal 60 Dust Mops, premium 60"x 5" with twist, pretreated, looped end must be launder-. 24 able. $ 5.97 $ 358.20 $ -$ 16.90 $ 1,014.00 $ -$ -$ - /ea 25 Vacuun\, Sibs, upright lite- duty cloth shake out bag - 25 cord $ 44.30 $ 1,107.50 $ -$ -$ -$ -$ -$ - lea 3 TABULATION SHEET BID TITLE: Janitorial Supplies I Chemicals BID NO: 10(14)-V AM SAM CHENEY DADE PAPER CENTRAL ALL AMERICAN JANITOR'S Item Est. Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended No. Qty. Description Price Total Price Total Price Total Price Total Price Total Price Total 60 Cleaner, Spartan Spray Buff, maintainer, cleaner 5 gal. Pail 26 $ 4.80 $ 288.00 $ -$ 7.66 $ 459.60 $ -$ -$ 5.70 $ 342.00 /Sgal 144 Counteractant, Lemon Odor 27 quart bottles $ 1.38 $ 198.72 $ -$ 3.18 $ 457.92 $ -$ -$ 2.10 $ 302.40 fatS 100 Hydrogen Peroxide 35% l 28 ~Jon containers $ 8.32 $ 832.00 $ -$ -$ -$ -$ -$ - /gal 20 Comfresh Air Neutralizer refills, with hydrogen fuel cell, and inocrotroris, 90 day 29 refills 6 refills /cs $ 42.50 $ 850.00 $ -$ -$ -$ -$ -$ - /cs 200 Com Broom, Blended Toy Com Broom with-4 rows of stitching with 24" handle 30 $ 1.91 $ 382.00 $ -$ 2.14 $ 428.00 $ -$ -$ 3.10 $ 620.00 /ea 70 Hand Scrub brush with plastic poly pro bristles and 31 handle Iron Stvle 6 in. $ 1.23 $ 86.10 $ -$ 0.83 $ 58.10 $ -$ -$ 1.90 $ 133.00 lea 504 Disinfectant-Spray ·With HIV -I, TB, Polio Claims Hospital Strength Phenolic Type with Hepatitus 32 Claim-20 oz can $ 2.50 $ 1,260.00 $ -$ 2.06 $ 1,038.24 $ -$ -$ 2.68 $ 1,350.12 /can 4 TABULATION SHEET BID TITLE: Janitorial Supplies I Chemicals BID NO: 10(14)-Y ~AM CHENEY DADE PAPER cENTRAL ALL AMERICAN JANITOR'S Item Est. Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended No. Qty. Description Price Total Price Total ·price Total Price Total Price Total Price Total 500 Cleaner-Glass with Ammonia, Concentrate Dilute 1 to 5 (one part product to five parts water) I gallon containers $ 2.40 $ 1,200.00 $ -$ 9.34 $ 4,670.00 $ -$ -$ 7.00 $ 3,500.00 rre~A 1odegradable deodorizer and 34 disinfectant $ 5.00 $ 760.00 $ -$ -$ -.$ -$ -$ 7.10 $ 1,0(9.20 /f!.al 1 f!.allon containers 50 Glass Cleaner Spray heavy 35 dutv.aerosol 19 01::. $ 19.17 $ 958.50 $ -$ 18.81 $ 940.50 $ -$ -$ 23.60 $ 1,180.00 /cs 12 per case) 800 Bleach-Effective Against HIV -1 EPA Registered-1 l l 36 gal. containers $ 1.57 $ 1,256.00 $ -$ 1;45 $ 1,160.00 $ -$ -$ 1.78 $ 1,424.00 /gal 20 Dispensers: roll paper i J=yClark 37 9717 $ -$ -$ -$ -$ -$ -$ -$ - lea 28 Toilet Paper 750' .Roll X 3.78-Kimberly Clark JRT 38 Jr $ 20.70 $ 57.9.60 $ -$ 50.88 $ 1,424.64 $ -$ -$ - /cs 12 rolls/cs 20 Dispensers metered Technical Concepts #74096 39 $ 18.55 $ 371.00 $ -$ -$ -$ -$ -$ - lea 5 TABUlATION SHEET BID TITLE: Janitorial Supplies I Chemicals BID NO: 10(14)~v AM SAM CHENEY DADE PAPER CENTRAL ALL AMERICAN JANITOR'S Item Est. Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended No. Qty. Description Price Total Price Total Price Total Price Total Price Total Price Total 100 Metered air freshener 'refill net wt 7 oz ( 19& G) Assorted fragrances. 40 s 28.00 $ 2,800.00 $ -$ -$ -$ -$ . $ - /cs 12 canslcs 100 White Knit Cloth cotton 41 rags -50 lb bx $ 56.85 $ 5,685.00 $ -$ -$ -$ -$ . $ 48.00 $ 4,800.00 lbx 134 Oil Dry AbSorb -50 42 $ 4.25 $ 569.50 $ -$ -$ -$ -$ . $ - /cs so BayWest "Ecosoft• white ' 43 fj;!lJ towels 630 .ft or equal $ 27.85 $ 1,392,50 $ -$ 39.31 $ 1,965.50 $ -$ -$ . /cs Disoenser @ NC 50 Baywest "Ecosoft" 2 ply I toilet tissue 96 rills I 500 44. sheets /2 olv or equal $ 29.50 $ 1,475.00 $ . $ 33.90 $ 1,695.00 $ -$ -$ - /cs Dispenser @ NC 932 Catrrruck wash & wax, 1 45 gal eontainers $ 5.50 $ 5,126.00 $ -Is 6.oo $ 5,592.00 $ -$ -$ - /flal 4 e:al/cs 200 Mop Heads, 24 oz wet 46 mop, 8 Dlv cotton $ 2.33 $ 466.00 $ -i $ 2.11 $ 422.00 $ -$ -$ 4.40 $ 880.00 lea 50 Urinal Screen with deoderant block & enzyme 47 mint $ 10.80 $ 540.00 $ -$ 12.35 $ 617.50 $ -$ -$ 22.40 $ 1,120:00 /cs 12/cs 80 Enzyme Cleaner Extra HID with 200 billion bacteria 48 count $ 6.20 $ 496.00 $ -$ 9.62 $ 769.60 $ -$ -$ 6.68 $ 534.40 /~al 4-1 gal 6 TABULATION SHEET BID TITLE: Janitorial Supplies I Chemicals BID NO: 10(14)-Y AM SAM CHENEY DADE PAPER CENTRAL ALL AMERICAN JANITOR'S Item Est. Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended No. Qty. Description Price Total Price Total Price Total Price Total Price Total Price Total 1 ~xtra neavy cuty 1...oncrete Cleaner for oil & greas powder with color dye 49 25 indicator, solvent based. $ .85.55 $ 2,138.75 $ -$ 36.80 $ 920.00 $ -$ -$ - /clrums 1 00 lb .corrugated .drum TOTAL GROUP I (1 • 49) $ 74,180.70 $ 77,207.11 $ 16,387.90 $ 20,263.67 $ 76,877.99 GROUP II I 1 1000 2 ply toilet tissue 500 sheets oer roll $ 21.00 $ 21,000.00 35.66 $ 35,660.00 $ 27 .. 56 $ 27.560.00 $ 19.10 $ 19,100.00 $ -$ 21.40 $ 21,400.00 cs Green Seal Certified ( 48 rolls /case) 2 250 C•Fold Towel White I O"x 13" 16 Pkg of ISO sheets, 2400 sheets/case $ 18.85 $ 4,712.50 22.66 $ 5,665.00 $ 17.85 $ 4,462.50 $ 18.30 $ 4,575.00 $ -$ 24.88 $ 6,220.00 es Green Seal Certified 3 250 Toilet Seat Cover Half-foli.i Green Seal Certified $ 28.40 $ 7,100.00 47.15 $ 11,787.50 $ 46.81 $ 11,702.50 $ . $ -$ 55.38 $ 13,845.00 cs (5000 /case) 4 100 Roll Paper Towels $ .20.65 $ 2,065.00 25.23 $ 2,523.00 $ 17.05 $ 1,705.00 $ -$ 22.80 $ 2,280.00 Green Sea!Certified /cs 2 Ply , 8.5 Sheets 30 rolls/case TOTAL GROUP II (1 • 4) $ 34,877.50 $ 55,635.50 $ 45,430.00 $ 23,675.00 $ -$ 43,745.00 7 TABULATION SHEET BID TITLE: Janitorial Supplies I Chemicals BJDNO: 10(14)~V AMSAM CHENEY DADE PAPER CENTRAL ALL AMERICAN JANITOR'S Item Est. Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended No. Qty. Description Price Total Price Total Price Total Price Total Price Total Price Total GROUP Ill 1 120 All Pui:pose Cleaner&. Degreaser $ 6.40 $ 768.00 $ -$ 14.75 $ 1,770.00 $ -$ -$ 6~50 $ 780.00 gal Green .Seal Certified 4-1 gal 2 100 High Performance Carpet Extraction Cleaner $ 7.72 $ 772.00 $ -$ 13.01 $ 1,30.1.00 $ -$ -$ 7.80 $ 780.00 gal Green Seal Certified 4-l gal, $ - 3 360 Graffiti Remover $ 4.66 $ 1,677.60 $ -$ 12.33 $ 4,438.80 $ -$ -$ 4.68 $ 1,684.80 bot Green Seal Certified/ Bio Renewable 12-32 oz bottles 4 .200 Tile & Grout Cleaner $ 6.45 $ 1,290.00 $ -$ 15.29 $ 3,058.00 !$ -$ -$ 10:20 $ 2,040.00 gal Green Seal .Certified +leal 5 50 Neutral wood floor cleaner $ 7.00 $ 350.00 .$ -$ -$ -$ -$ -$ 7.00 $ 350,00 gal Green Seal Certified 4-1 gal 6 100 Glass &Window Cleaner I $ bio renewable $ 24.66 $ 2,466.00 .$ -$ 40.99 $ 4,099.00 $ -$ -24.80 $ 2,480.00 cs 4-1 gal containers Green Seal Certified 7 200 Toilet bowl cleaner $ 17.45 $ 3,490.00 $ -$ -$ -$ -$ -$ 23.76 $ 4,752.00 cs Green Seal Certified 12-32 oz. or equal TOTAL GROUP Ill (1-7) $ 10,813.60 $ -$ 14,666.80 $ -$ -$ 12,866.80 NOTE: AMSAN ONLY· NO CHARGE FOR ITEMS:14 15 18 19 21 37 8 PALM BEACH GARDENS "A unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410-4698 PURCHASING AWARD TRANSMITIAL It is the policy of the City of Palm Beoch Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Invitation to Bid TITLE: Canal Long-Line Mowing Services DATE ADVERTISED: 6/3/2012 WAS SOLICITATION OPENLY COMPETED? Yes FUNDING ACCOUNT INFORMATION: 001-3040-541-3400 CONTRACT TERM: Five (5) years CONTRACT NO.: ITB2012-009CS DEPARTMENT: Community Services BIDS/PROPOSALS DUE DATE: 7/6/2012 RESPONSES RECEIVED: Three (3) CONTRACT VALUE: Three Hundred and Ninety One Thousand, One Hundred and Eighty Two Dollars ($391,182) OPTIONS TO RENEW: One five-year period BACKGROUND: This contract will allow the City to purchase canal long-line mowing services for various City properties for a period of five years. The new contract prices are less than the current prices being paid to the incumbent vendor and the City will realize savings of $78,818 over the five-year term of the contract. Staff review has determined that the vendor recommended for award, The Grassroots Corporation, has the resources, equipment, and staff to perform the work at the level required by the contract. The vendor has also provided exemplary references from customers such as The Northern Palm Beach County Improvement District and the Loxahatchee River District. The purchase of canal long-line mowing services is necessary for the health, safety, and welfare of City residents and maintains an aesthetic of cleanliness and order for the City. COMMENTS: The City has the option at the end of the five-year term, if it decides to renew the contract, to adjust the prices (up or down) based on the most recent annual changes in the Consumer Price Index for this metropolitan region, at its sole discretion. R. Max Lohman 0 NOT APPROVED 0 DEFERRED DATE ~ PALM BEACH GARDENS ':4 unique place to live, /eom, work & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR CANAL LONG-LINE MOWING SERVICES AGREEMENT NO.: ITB2012-009CS THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and The Grassroots Corporation, a Florida for-profit corporation (hereafter referred to as "Contractor"), whose address is 6072 Eagles Nest Drive, Jupiter, Florida 33458. WHEREAS, the City desires to retain the services of the Contractor to provide Canal Long-Line Mowing Services in accordance with the City's Invitation to Bid No. ITB2012- 009CS, and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. ITB2012-009CS and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide canal long-line mowing services at various City locations and premises identified in the specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein as Exhibit "A", according to the terms and specifications of the referenced Invitation to Bid. Page 11 of 4 City of Palm Beach Gardens Agreement No.: ITB2012-009CS ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Contractor: City of Palm Beach Gardens 1 0500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 799-4139 The Grassroots Corporation 6072 Eagles Nest Drive Jupiter, Florida 33458 Attn: Raymond Spear, Owner Facsimile: (561) 744-8351 b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. TERM This Agreement shall be effective for five (5) years from the date duly executed by both parties until August 31, 2017, with the option to renew for an additional five (5) years at the sole discretion of the City. ARTICLE 6. COMPENSATION The estimated Agreement amount is Three Hundred Ninety-One Thousand One Hundred Eighty-Two Dollars ($391, 182.00) for the initial Agreement term of five (5) years. Notwithstanding the estimated Agreement amount, the City does not guarantee to the Contractor that this amount will be spent during the term of this Agreement. Page 12 of 4 ARTICLE 7. TERMINATION City of Palm Beach Gardens Agreement No.: ITB2012-009CS This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. (The remainder of this page intentionally left blank) Page 13 of 4 City of Palm Beach Gardens Agreement No.: ITB2012-009CS IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. ATTEST: By:~=----------­ Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS, FLORIDA By: ________________ _ David Levy, Mayor Executed by the Contractor this ,;?:2... day of ~ 12012. THE GRASSROOTS CORPORATION By ~a~d&er G:\attorney_share\AGREEMENTS\The Grassroots Corporation -ITB2012-009CS Agreement-canal long-line mowing.docx Page 14 of 4 EXHIBIT "A" City of Palm Beach Gardens Agreement No.: ITB2012-009CS PRICING SCHEDULE Locations, Frequency, and Rates (per Annum): Loc Address 1 Hunt Club Drive 2 Garden Oaks -3 49tl=l Termce 4 Bellwood 5 Earman River 6 Honey Suckle 7 Earman River 8 Thompson River 9 Thompson River 10 Thompson River 11 Sea grape 12 Hickory South 13 H i·ckory North 14&23 Tennis Center 15 Plat4 16 RCA 17 lronw·ood 18 Meridian 19 Sandalwood 20 C-17 21 Oaks Park 22 Mirasol Field ... ~-----~-··-··--·····-··----·-· ~--------~----. Fl"equency/ Unit Price Cycle 12 $98.00 12 $205.10 ±2 $§1.10 12 $240.80 12 $271.60 12 $147.70 12 $153.30 12 $133.70 12 $287.00 12 $280.00 12 $433.30 12 $314.30 12 $431.90 12 $245.00 12 $224.70 12 $82.00 12 $578.00 12 $291.90 12 $37.10 12 $1,257.90 12 $36.40 12 $770.00 TOTAL: REVISED TOTAL (DELETING LOCATION 3): Total $2.461.20 $613.20 $2,889.60 $3,259.20 $1,772.40 $1,839.60 $1,604.40 $3,444.00 $3,360.00 $5,199.60 $3,771.·60 $5,182.80 $2,940.00 $2,696.40 $984.00 $3,502.80 $445.20 $15,094.80 $436.80 $9,240.00 $78,849.60 $78,236.40 PALM BEACH GARDENS "A unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410-4698 PURCHASING AWARD TRANSMITIAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Request for Proposals CONTRACT NO.: RFP2012-002 TITLE: Appropriations Lobbyist Services DEPARTMENT: Administration DATE ADVERTISED: 10/9/2011 BIDS/PROPOSALS DUE DATE: 11/1/2011 WAS SOLICITATION OPENLY COMPETED? Yes RESPONSES RECEIVED: Three (3} FUNDING ACCOUNT INFORMATION: 001.0200.512.3150 CONTRACT VALUE: One Hundred and Twenty Thousand ($120,000} CONTRACT TERM: 12/14/2011 to 09/30/2014 OPTIONS TO RENEW: None BACKGROUND: This contract allows the City to purchase appropriations lobbyist services. On December 14, 2011, the City awarded a contract to Ballard Partners, Inc. for provision of appropriations lobbyist services, with an expiration date of September 30, 2014. Pursuant to the provisions of the agreement, the City and Contractor are required to agree on a new price for fiscal years 2012-2013 and 2013-2014. The Contractor has proposed a fixed amount not to exceed one hundred and twenty thousand dollars ($120,000} {sixty thousand dollars $60,000 per year) for the remainder of the contract term. This amount has been reviewed by staff and is considered reasonable. COMMENTS: The attached Supplemental Agreement will modify the original contract to reflect the new price for the remainder of the contract term. Allan Owens Kml Ra 0 APPROVED 0 NOT APPROVED 0 DEFERRED cmM~R~ DATE PALM BEACH GARDENS ':4 unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 SUPPLEMENTAL AGREEMENT NUMBER 1 FOR APPROPRIATIONS LOBBYIST SERVICES AGREEMENT NUMBER: RFP2012-002 THIS SUPPLEMENTAL AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Ballard Partners, Inc., a corporation (hereafter referred to as "Contractor"), whose address is 403 East Park Avenue, Tallahassee, Florida 32301. WHEREAS, the City awarded to the Contractor, under Request for Proposal No. RFP2012-002, an Agreement for the provision of appropriations lobbyist services; and WHEREAS, the Agreement's effective date is December 14, 2011, and expires on September 30, 2014; and WHEREAS, the City and Contractor have mutually agreed to amend and modify the Agreement to reflect a revision in the prices for the contracted services as provided for in Paragraph 6 of the original Agreement, and as per the Contractor's letter dated July 24, 2012, (attached hereto); all terms, covenants, and conditions of the original Agreement and any addenda issued thereto shall remain in full force and effect, except to the extent herein amended. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. TERM OF SUPPLEMENTAL AGREEMENT The term of this Supplemental Agreement shall be for a period from October 1, 2012, through September 30, 2014, covering the fiscal years 2012-2013 and 2013- 2014. Page 11 of 3 ARTICLE 2. TERMINATION City of Palm Beach Gardens RFP No.RFP2012-002, Supplemental Agreement No.1 This Supplemental Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Contractor a sum not to exceed Sixty Thousand Dollars ($60,000) annually for the period October 1, 2012, through September 30, 2014, according to the terms and specifications of the RFP and the Agreement. (The remainder of this page intentionally left blank) Page 12 of 3 City of Palm Beach Gardens RFP No.RFP2012-002, Supplemental Agreement No.1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: _________________ _ David Levy, Mayor ATTEST: By: __________ ~-- Patricia Snider, CMC, City Clerk D E ecuted by the Contractor this 1\h day of Buew+ , 2012. G:\attorney_share\AGREEMENTS\Ballard -lobbyist svcs -RFP2012-002 Supplemental Agreement No 1.docx Page 13 of 3 BALLARD PARTNERS Ronald M. Ferris, City Manager City of Palm Beach Gardens I 0500 North Military Trail Palm Beach Gardens, FL 33410 Dear Mr. Ferris, .July 24. 2012 Pursuant to paragraph 6 of the existing agreement between Ballard Partners ("Firm") and City of Palm Beach Gardens ("City") dated December 14, 2011, the Firm hereby agrees to the renewal of this agreement for the fiscal years of2012-2013 and 2013-2014 at an amount not to exceed Sixty Thousand Dollars {$60,000.00) annually. Please feel free to contact me if you have any questions. We look forward to working with the City in the future. TALLAHASSEE 403 EAST PARf<, AVE. T."-LLAHASSEE'.. FL .32301 850.577 0444 850.:5 77.002 2 FAX ~~ Brian D. Ballard President WEST PALM BEACH JACKSONVILLE 505 S. FLAGLEH Ofl .. SUITE. 1450 WEST f''ALM BEACH. FL.. 3.3401 2107 S~-\WGRASS VILLAGE: DR PONTE VEDRA. FL 32082 904.557.8331 561 .253.3232 561 .253.3230 FAX MIAMI 80 I BRICKELL AVE. SUITE 900 MIAMI. FL 33131 305.906.0155 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 13, 2012 Ordinance 26, 2012 Subject/Agenda Item: Public Hearing for First Reading of Ordinance 26, 2012 adopting the Fiscal Year 2012/2013 Budget. [X] Recommendation to APPROVE ] Recommendation to DENY Reviewed by: Originating Dept.: Costs:$ Council Action: F~ (Total) 1 Approved 1 Approved w/ Allan Owens $ Conditions Finance Administrator Current FY 1 Denied 1 Continued to: Advertised: NA Funding Source: Date: 1 Operating Attachments: Paper: 1 Other • Ordinance 26, 2012 Allan Owens [ x 1 Not Required Submitted by: · Allan Owens Affected parties Budget Acct.#: ~------------~ Approved by: 1 Notified Meeting Date: September 13, 2012 Ordinance 26, 2012 Page 2 of2 BACKGROUND: This is the first of two (2) required public hearings to set the millage and adopt the budget for Fiscal Year 2012/2013. On July 12, 2012, Council approved Resolution 57, 2012, setting the maximum tentative operating millage rate for FY 2012/2013 at 5.7404 mills, and debt service millage rate at .1790 mills. The proposed operating millage of 5.7404 is 1.19% above the roll-back rate of 5.6729. When combined, the total operating and debt service millage rate proposed for Fiscal Year 2012/2013 is 5.9194 mills, and is slightly below the current year combined rate of 5.9225 mills. Total sources for all funds is $115,109,200, consisting of total estimated balances carried forward of $33,330,402 and projected total revenues of $81,778,798. Total sources of funds are balanced with projected total expenditures of $82,959,842 and ending reserves of $32,149,358, for a total use of funds of $115,109,200. The second and final public hearing on the budget is scheduled for September 20, 2012. STAFF RECOMMENDATION: o Staff recommends a motion to adopt a proposed operating millage rate of 5. 7 404 and debt millage rate of .1790, for a total tentative millage rate of 5.9194 mills for Fiscal Year 2012/2013. o Staff recommends an announcement be made declaring that the proposed operating millage rate represents an increase over the roll-back rate by 1.19%. o Staff recommends a motion to approve Ordinance 26, 2012 as presented on first reading, adopting a tentative budget for Fiscal Year 2012/2013, and setting the second and final reading for September 20, 2012, at 7:00 p.m. in the Council Chambers. (Please note: The proposed Fiscal Year 2012/2013 budget has been distributed to Mayor, Council, and staff under separate cover.) 1 2 ORDINANCE 26, 2012 3 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE 7 CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR 8 COMMENCING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 9 2013; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY 1 0 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 11 PURPOSES. 12 13 14 WHEREAS, at a duly advertised public hearing held on September 13, 2012, the 15 City Council tentatively adopted a budget for Fiscal Year 2012/2013; and 16 17 WHEREAS, at a duly advertised public hearing held on September 20, 2012, the 18 City Council determined that the tentative budget, as finalized by the City Council, will 19 meet the needs and requirements of the City of Palm Beach Gardens and its residents for 20 Fiscal Year 2012/2013; and 21 22 WHEREAS, the City Council deems approval of this Ordinance to be in the best 23 interests of the health, safety, and welfare of the residents and citizens of the City of Palm 24 Beach Gardens and the public at large. 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. The proposed budget is hereby approved and adopted by the City 33 Council as and for the budget of the City of Palm Beach Gardens for the fiscal year 34 commencing October 1, 2012, and ending September 30,2013. 35 36 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 37 hereby repealed. 38 39 SECTION 4. Should any section or provision of this Ordinance or any portion 40 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 41 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 42 43 SECTION 5. This Ordinance shall become effective immediately upon adoption. 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 26, 2012 PASSED this __ day of ______ , 2012, upon first reading. PASSED AND ADOPTED this second and final reading. CITY OF PALM BEACH GARDENS BY: --------------David Levy, Mayor Robert G. Premuroso, Vice Mayor Marcie Tinsley, Councilmember Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: BY: --------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ---------------R. Max Lohman, City Attorney day of ______ , 2012, upon FOR AGAINST ABSENT G:\attorney_share\ORDINANCES\2012\0rdinance 26 2012-budget adoption 2012-2013.docx Page 2 of2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 13, 2012 Ordinance 22, 2012 Subject/Agenda Item: Second Reading -Amending Chapter 66. Taxation, Article II Business Tax and Registration. Adopting an entirely new Section 66-65 to provide a mandatory statutory exemption for real estate broker associates and sales associates, and amending the existing fee schedule to conform with the new exemption. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Advertised: N/A Date: Paper: [ x 1 Not Required Submitted by: J. oughney, Ill Deputy City Manager Affected parties ~------------~ Approved by: [ 1 Notified [x 1 Not required Costs: $N/A (Total) $N/A Current FY Funding Source: N/A 1 Operating 1 Other Contract/Agreement: Effective Date: N/A Expiration Date: N/A Budget Acct.#: N/A Council Action: [ 1 Approved [ 1 Approved w/ Conditions 1 Denied 1 Continued to: Attachments: • Ordinance 22, 2012 Meeting Date: September 13, 2012 Ordinance 22, 2012 Page 2 of3 BACKGROUND: Per Chapter 66. Taxation of the City's Code of Ordinances, any person who maintains a permanent business location or branch office within the City, for the privilege of engaging in or managing any business, profession, or occupation, or who transacts any business or engages in any occupation or profession in interstate commerce, must pay a business tax to the City.. The City's collection procedures for' business taxes are based on requirements outlined in Chapter 205, Florida Statutes. On April 6, 2012, the Florida Legislature enacted a bill adding Section 205.066, Exemptions; employees. to the Florida Statutes, which exempts real estate broker associates and sales associates from business tax requirements. Currently, there are approximately 200 individuals working under these classifications within the City that pay a $25.00 business tax annually. In order to comply with the new law, City staff proposes to adopt an entirely new Section 66-65 to provide a new statutorily mandated exemption for real estate broker associates and sales associates by re-numbering the existing Section. 66-65. and all following sections in this article accordingly, and by amending the existing fee schedule to conform with the new exemption as presented below. If approved, the tax exemption will go into effect October 1, 2012, which is the start of the new business tax receipt year. PROPOSED AMENDMENT: Sec. 66-65. Exemptions for real estate broker associates and sales associates. An individual licensed and operating as a broker associate or sales associate under Chapter 475, Florida Statutes, is not required to apply for an exemption from the city's business tax, pay a city business tax , or obtain a city business tax receipt. A principal or employer who is required to obtain a city business tax receipt shall not be required to provide personal or contact information for individuals who are exempt from this section when providing the city with occupancy information for the business location or facilities. Sec. 66-65 66. Merchant category. [This section shall remain in full force and effect as previously adopted.] Sec. 66-66 67. Requirements by applicant for license prior to issuance. [This section shall remain in full force and effect as previously adopted.] Sec. 66-61 6.8.. Right to amend licenses unaffected. [This section shall remain in full force and effect as previously adopted.] Sec. 66-63 69. Fee schedule. Meeting Date: September 13, 2012 Ordinance 22, 2012 Page 3 of 3 The classification and rates of all business taxes are hereby fixed per annum, unless otherwise provided as follows: [Each and every classification and rate shall remain in full force and effect as previously adopted except as set forth herein:] (1 0) Real estate. a-: Real estate brokerage ..... 1 00.00 b. Real estate sales agent and broker, each licensed person ..... 25.00 ' Sees. 66-69 70.-66-90. -Reserved. CITY COUNCIL: On July 12, 2012, the City Council approved Ordinance 22, 2012 on first reading by a vote of 5-0. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 22, 2012 as presented on second reading. --------------------------------------- 1 ORDINANCE 22, 2012 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA AMENDING CHAPTER 66. 5 TAXATION. AT ARTICLE II. BUSINESS TAX AND REGISTRATION. 6 BY CREATING AN ENTIRELY NEW SECTION 66-65 TO PROVIDE A 7 NEW STATUTORILY MANDATED EXEMPTION FOR REAL ESTATE 8 BROKER ASSOCIATES AND SALES ASSOCIATES; BY RE- g NUMBERING THE EXISTING SECTION 66-65 AND ALL 10 FOLLOWING SECTIONS IN THIS ARTICLE ACCORDINGLY; AND 11 BY AMENDING THE EXISTING FEE SCHEDULE TO CONFORM 12 WITH THE NEW EXEMPTION AND ELIMINATE THE BUSINESS 13 TAX FOR INDIVIDUAL REAL ESTATE SALES AGENTS AND 14 BROKERS; PROVIDING THAT EACH AND EVERY OTHER 15 SECTION AND SUBSECTION OF CHAPTER 66. TAXATION. SHALL 16 REMAIN THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A 17 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 18 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 19 FOR OTHER PURPOSES. 20 21 WHEREAS, Laws of Florida 2012-102 was enacted April 6, 201.2; and 22 23 WHEREAS, Laws of Florida 2012-102 creates a new exemption from local 24 business tax requirements for real estate broker associates and sales associates as of 25 October 1, 2012; and 26 27 WHEREAS, the City Council desires to conform its local code to the new 28 statutory requirement; and 29 30 WHEREAS, the City Council deems approval of this Ordinance to be in the best 31 interests of the health, safety, and welfare of the residents and citizens of the City of 32 Palm Beach Gardens and the public at large. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 35 OF PALM BEACH GARDENS, FLORIDA that: 36 37 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 38 39 SECTION 2. Chapter 66. Taxation. of the Code of Ordinances of the City of 40 Palm Beach Gardens, Florida is hereby amended at Article II. Business Tax and 41 Registration. by adopting an entirely new Section 66-65. to provide a new statutorily 42 mandated exemption for real estate broker associates and sales associates; by re- 43 numbering the existing Section 66-65. and all following sections in this article 44 accordingly; and by amending the existing fee schedule to conform with the new 45 exemption; providing that Article II. Business Tax and Registration. shall hereafter read 46 as follows: Page 1 of 7 Ordinance 22, 2012 1 ARTICLE II. BUSINESS TAX AND REGISTRATION 2 3 Sec. 66-36. Definitions. 4 Sec. 66-37. Levy of business tax; registration. 5 Sec. 66-38. Required; duration. 6 Sec. 66-39. When due and payable; credit to current business tax receipt holders. 7 Sec. 66-40. Delinquent payments; penalty. 8 Sec. 66-41. Transfer of business tax receipts. 9 Sec. 66-42. Tax required for each location. 1 0 Sec. 66-43. Duplicate business tax receipts. 11 Sec. 66-44. Posting of business tax receipt. 12 Sec. 66-44.1. Effect of issuance of business tax receipt. 13 Sec. 66-45. Evidence of engaging in business. 14 Sec. 66-46. Engaging in business without business tax receipts or upon false 15 statements. 16 Sec. 66-46.1. Issuance, suspension, or revocation of business tax receipt; appeal 17 procedure. 18 Sec. 66-46.2. Ultra vires transactions; fraudulent business tax receipts void. 19 Sec. 66-47. Termination upon adjudication of bankruptcy and the like. 20 Sec. 66-48. Report of information by taxpayer to city; investigation and inspection. 21 Sec. 66-49. Enforcement; assistance from the code compliance division. 22 Sec. 66-50. Compliance. 23 Sec. 66-51. Business falling into more than one classification to meet requirements 24 of each. 25 Sec. 66-52. Classification of self by owner of established place of business. 26 Sec. 66-53. How tax construed as to professions. 27 Sec. 66-54. Tax on interstate business done within state only. 28 Sec. 66-55. Liability insurance required; expiration dates, cancellation. 29 Sec. 66-56. Requirement to report status of fictitious name registration. 30 Sec. 66-57. Certificate of competency; examinations for business tax receipts. 31 Sec. 66-58. Professions; state licensure prerequisite to city business tax receipt. 32 Sec. 66-59. Exemption allowed certain disabled persons, the aged, and widows 33 with minor dependents. 34 Sec. 66-60. Exemptions for disabled veterans. 35 Sec. 66-61. Sale of farm products. 36 Sec. 66-62. Mobile home setup operations. 37 Sec. 66-63. Religious tenets; exemption. 38 Sec. 66-64. Charitable, etc., organizations; occasional sales, fundraising; 39 exemption. 40 Sec. 66-65. Exemptions for real estate broker associates and sales associates. 41 Sec. 66-95 66. Merchant category. 42 Sec. 66-9e 67. Requirements by applicant for license prior to issuance. 43 Sec. 66-9-7 §§. Right to amend licenses unaffected. 44 Sec. 66--98 69. Fee schedule. 45 Sees. 66-69 70-66-90.-Reserved. 46 47 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ------------------------------ Ordinance 22, 2012 Sec. 66-36. Definitions. [This section shall remain in full force and effect as previously adopted.] Sec. 66-37. Levy of business tax; registration. [This section shall remain in full force and effect as previously adopted.] Sec. 66-38. Required; duration. [This section shall remain in full force and effect as previously adopted.] Sec. 66-39. When due and payable; credit to current business tax receipt holders. [This section shall remain in full force and effect as previously adopted.] Sec. 66-40. Delinquent payments; penalty. [This section shall remain in full force and effect as previously adopted.] Sec. 66-41. Transfer of business tax receipts. [This section shall remain in full force and effect as previously adopted.] Sec. 66-42. Tax required for each location. [This section shall remain in full force and effect as previously adopted.] Sec. 66-43. Duplicate business tax receipts. [This section shall remain in full force and effect as previously adopted.] Sec. 66-44. Posting of business tax receipt. [This section shall remain in full force and effect as previously adopted.] Sec. 66-44.1. Effect of issuance of business tax receipt. [This section shall remain in full force and effect as previously adopted.] Sec. 66-45. Evidence of engaging in business. [This section shall remain in full force and effect as previously adopted.] Page 2 of 7 ------------------------------------------------------------------------------------- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Sec. 66-46. Ordinance 22, 2012 Engaging in business without business tax receipts or upon false statements. [This section shall remain in full force and effect as previously adopted.] Sec. 66-46.1. Issuance, suspension, or revocation of business tax receipt; appeal procedure. [This section shall remain in full force and effect as previously adopted.] Sec. 66-46.2. Ultra vires transactions; fraudulent business tax receipts void. [This section shall remain in full force and effect as previously adopted.] Sec. 66-47. Termination upon adjudication of bankruptcy and the like. [This section shall remain in full force and effect as previously adopted.] Sec. 66-48. Report of information by taxpayer to city; investigation and inspection. [This section shall remain in full force and effect as previously adopted.] Sec. 66-49. Enforcement; assistance from the code compliance division. [This section shall remain in full force and effect as previously adopted.] Sec. 66-50. Compliance. [This section shall remain in full force and effect as previously adopted.] Sec. 66-51. Business falling into more than one classification to meet requirements of each. [This section shall remain in full force and effect as previously adopted.] Sec. 66-52. Classification of self by owner of established place of business. [This section shall remain in full force and effect as previously adopted.] Sec. 66-53. How tax construed as to professions. [This section shall remain in full force and effect as previously adopted.] Page 3 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 22, 2012 Sec. 66-54. Tax on interstate business done within state only. [This section shall remain in full force and effect as previously adopted.] Sec. 66-55. Liability insurance required; expiration dates, cancellation. [This section shall remain in full force and effect as previously adopted.] Sec. 66-56. Requirement to report status of fictitious name registration. [This section shall remain in full force and effect as previously adopted.] Sec. 66-57. Certificate of competency; examinations for business tax receipts. [This section shall remain in full force and effect as previously adopted.] Sec. 66-58. Professions; state licensure prerequisite to city business tax receipt. [This section shall remain in full force and effect as previously adopted.] Sec. 66-59. Exemption allowed certain disabled persons, the aged, and widows with minor dependents. [This section shall remain in full force and effect as previously adopted.] Sec. 66-60. Exemptions for disabled veterans. [This section shall remain in full force and effect as previously adopted.] Sec. 66-61. Sale of farm products. [This section shall remain in full force and effect as previously adopted.] Sec. 66-62. Mobile home setup operations. [This section shall remain in full force and effect as previously adopted.] Sec. 66-63. Religious tenets; exemption. [This section shall remain in full force and effect as previously adopted.] Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Sec. 66-64. Ordinance 22, 2012 Charitable, etc., organizations; occasional sales, fundraising; exemption. [This section shall remain in full force and effect as previously adopted.] Sec. 66-65. Exemptions for real estate broker associates and sales associates. An individual licensed and operating as a broker associate or sales associate under Chapter 475. Florida Statutes, is not required to apply for an exemption from the city's business tax. pay a city business tax . or obtain a city business tax receipt. A principal or employer who is required to obtain a city business tax receipt shall not be required to provide personal or contact information for individuals who are exempt from this section when providing the city with occupancy information for the business location or facilities. Sec. 66-85 .6.6.. Merchant category. [This section shall remain in full force and effect as previously adopted.] Sec. 66-&8 67. Requirements by applicant for license prior to issuance. [This section shall remain in full force and effect as previously adopted.] Sec. 66-6168. Right to amend licenses unaffected. [This section shall remain in full force and effect as previously adopted.] Sec. 66-&3 69. Fee schedule. The classification and rates of all business taxes are hereby fixed per annum, unless otherwise provided as follows: [Each and every classification and rate shall remain in full force and effect as previously adopted except as set forth herein:] (10) Real estate. a-Real estate brokerage ..... 100.00 b. Real estate sales agent and broker, each licensed person ..... 25.00 Sees. 66-89 70.-66-90.-Reserved. Page 5 of 7 Ordinance 22, 2012 1 SECTION 3. Each and every other section and subsection of Chapter 66. 2 Taxation. shall remain in full force and effect as previously adopted. 3 4 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 5 hereby repealed. 6 7 SECTION 5. Should any section or provision of this Ordinance or any portion 8 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 9 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 10 11 SECTION 6. Specific authority is hereby granted to codify this Ordinance. 12 13 SECTION 7. This Ordinance shall become effective on October 1, 2012. 14 15 16 (The remainder of this page intentionally left blank) 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 Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 22, 2012 PASSED this /J.~day of_~J..,_t!x...:L.=--'1-~-----· 2012, upon first reading. PASSED AND ADOPTED this __ day of ______ , 2012, upon second and final reading. CITY OF PALM BEACH GARDENS David Levy, Mayor Robert G. Premuroso, Vice Mayor Marcie Tinsley, Councilmember Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: BY: --------------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------------------R. Max Lohman, City Attorney FOR G:\attorney_share\ORDINANCES\2012\0rdinance 22 2012-BTR update.doc Page 7 of? AGAINST ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 13, 2012 Ordinance 23, 2012 Subject/Agenda Item: Second and Final Reading and Adoption-Amending the City of Palm Beach Gardens Firefighters' Pension Plan. [X] Recommendation to APPROVE [ ] Recommendation to DENY Meeting Date: September 13, 2012 Ordinance 23, 2012 Page 2 of2 BACKGROUND: On May 3, 2012, the City Council ratified the 2012-2015 collective bargaining agreement between the City and the Professional Firefighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc. This agreement contains certain changes to pension benefits and employee contributions for members of the City of Palm Beach Gardens Firefighters' Pension Fund. A summary of the proposed changes is as follows: 1. Pensionable earnings shall exclude overtime and accrued leave payments. 2. The maximum pension benefit is reduced from 99% to 75% of Average Final Compensation. 3. The Cost of Living Adjustment is reduced from 3% to 1.5%. 4. Excess premium tax revenues received pursuant to Chapter 175, Florida Statutes, shall be used to reduce the City's Annual Required Contribution. With respect to item four (4) above, the parties have agreed to increase the employee contribution to the Pension Fund by 4.8% of payroll, which is equal to the excess premium tax revenues received by the Pension Fund in 2011 pursuant to Chapter 175, Florida Statutes. The employee contribution shall then be bought down to its present percentage of payroll (6.0%) by utilizing future premium tax revenues to reduce the employee contribution. On July 12, 2012, Ordinance 23, 2012 was approved by Council as presented on first reading. As of the date of this writing, the final Actuarial Impact Statement had not been issued by Gabriel Roeder Smith & Company, the actuary for the Firefighters' Pension Fund. However, based on previous actuarial analyses, staff estimates that the City's contribution would decrease by approximately $1.2 million in FY 2012/13. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 23, 2012 as presented on second and final reading. Meeting Date: September 13, 2012 Ordinance 23, 2012 EXHIBIT "A" 1 ORDINANCE 23, 2012 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 38. FIRE 6 PREVENTION AND PROTECTION. OF THE CODE OF 7 ORDINANCES OF THE CITY OF PALM BEACH GARDENS, 8 FLORIDA, AT ARTICLE II. FIREFIGHTERS' PENSION FUND. IN 9 ORDER TO IMPLEMENT PROVISIONS OF THE 2012-2015 10 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY 11 OF PALM BEACH GARDENS AND THE PROFESSIONAL 12 FIREFIGHTERS AND PARAMEDICS OF PALM BEACH COUNTY, 13 LOCAL 2928, IAFF, INC.; AMENDING SECTION 38-51. 14 DEFINITIONS. BY REVISING THE DEFINITION OF "SALARY"; 15 AMENDING SECTION 38-55. CONTRIBUTIONS. PROVIDING FOR 16 AN INCREASE IN MEMBER CONTRIBUTIONS AND PROVIDING 17 FOR A DECREASE IN MEMBER CONTRIBUTIONS TO BE FUNDED 18 BY EXCESS PREMIUM TAX REVENUES; AMENDING SECTION 38- 19 56. BENEFIT AMOUNTS AND ELIGIBILITY. REVISING THE 20 NORMAL RETIREMENT BENEFIT AND REVISING THE COST OF 21 LIVING ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A 22 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 23 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24 25 26 WHEREAS, the City Council recently ratified the 2012-2015 collective bargaining 27 agreement between the City and the Professional Firefighters and Paramedics of Palm 28 Beach County, Local 2928, IAFF, Inc.; and 29 30 WHEREAS, the collective bargaining agreement contains certain changes to 31 pension benefits and employee contributions for members of the City of Palm Beach 32 Gardens Firefighters' Pension Fund; and 33 34 WHEREAS, to implement the pension changes contained in the collective 35 bargaining agreement it is necessary to amend the Firefighters' Pension Fund 36 ordinance; and 37 38 WHEREAS, the City Council deems approval of this Ordinance to be in the best 39 interests of the health, safety, and welfare of the residents and citizens of the City of 40 Palm Beach Gardens and the public at large. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COUNCIL OF THE 43 CITY OF PALM BEACH GARDENS: 44 45 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 46 Page 1 of 6 Ordinance 23, 2012 1 SECTION 2. Chapter 38. Fire Prevention and Protection. of the Code of 2 Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Article II. 3 Firefighter's Pension Fund. by amending Section 38-51. Definitions. by repealing the 4 definition of "Salary" and readopting same as revised; providing that the definition of 5 "Salary" shall be listed alphabetically within Section 38-51 and shall hereafter read as 6 follows: 7 8 Sec. 38-51. Definitions. 9 10 (1) As used herein, unless otherwise defined or required by the context, the 11 following words and phrases shall have the meaning indicated: 12 13 (All Definitions, except Salary, shall remain in full force and effect as previously 14 adopted.) 15 16 Salary means the total compensation for services rendered to the city as a 17 firefighter reportable on the member's W-2 form plus all tax deferred, tax- 18 sheltered or tax exempt items of income derived from elective employee payroll 19 deduction or salary reduction. Notwithstanding the preceding sentence. effective 20 September 13. 2012. salary shall exclude all overtime compensation as well as 21 payments for unused accrued sick and annual leave; provided the salary of any 22 member employed on the effective date of this ordinance shall include payment 23 for unused accrued sick and annual leave up to the number of hours of unused 24 sick and annual leave accrued on September 13, 2012. Compensation in excess 25 of limitations set forth in Section 401 (a)(17) of the code shall be disregarded. 26 The limitation on compensation for an "eligible employee" shall not be less than 27 the amount which was allowed to be taken into account hereunder as in effect on 28 July 1, 1993. "Eligible employee" is an individual who was a member before the 29 first plan year beginning after December 31, 1995. 30 31 SECTION 3. Chapter 38. Fire Prevention and Protection. of the Code of 32 Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Article II. 33 Firefighter's Pension Fund. by repealing sub-section 38-55(1 )a. Amount. and readopting 34 same, as revised; providing that Section 38-55 shall hereafter read as follows: 35 36 Sec. 38-55. Contributions. 37 38 (1) Member contributions. 39 40 a. Amount. Each member of the system shall be required to make regular 41 contributions to the fund in the amount of~ § percent of his or her salary, 42 which shall be picked up by the employer, plus, commencing on October 1, 43 2003, and annually each October 1st thereafter, an additional twe 2. percent 44 contribution of his or her salary resulting from the deduction from share 45 account allocations provided in section 38-78(2)a. Notwithstanding the 46 preceding sentence. effective October 1. 2012. the member contribution Page 2 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 23, 2012 shall be increased by 4.8 percent of salary (equal to a total increase of $507,634.00 for all contributing members). Also effective on October 1. 2012. and immediately following the increase in the member contribution provided in the preceding sentence. and on each October 1 thereafter. the total amount of premium tax revenues received by the City in excess of 2 percent of the total salaries of all members during the prior plan year but not to exceed $507.634.00. shall be used to reduce the member contribution back to 6 percent of salary. and shall not be allocated to member share accounts as provided in section 38-78(2)a. such that there is no change in the 6 percent member contribution; resulting in a reduction in the City's annual required contribution equal to the amount of excess premium tax revenues used to reduce the member contribution each year. If the excess premium tax revenue received by the City in any year is not sufficient to reduce the member contribution back to 6 percent of salary. then the City shall be responsible for funding the difference in the amount of the excess premium tax revenues received and the cost of bringing the employee contribution back to 6 percent of salary. b. Method. (This sub-section shall remain in full force and effect as previously enacted.) (2)-(4) (These sub-sections shall remain in full force and effect as previously enacted.) SECTION 4. Chapter 38. Fire Prevention and Protection. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Article II. Firefighter's Pension Fund. by repealing sub-sections 38-56(2) and (6) and readopting same, as revised; providing that Section 38-56 shall hereafter read as follows: Sec. 38-56. Benefit amounts and eligibility. (1) Normal retirement date. (This sub-section shall remain in full force and effect as previously enacted.) (2) Normal retirement benefit. A member retiring hereunder on or after his or her normal retirement date shall receive a monthly benefit which shall commence on the first day of the month next following his or her retirement and be continued thereafter during member's lifetime, ceasing upon death, but with 120 monthly payments guaranteed in any event. The monthly retirement benefit for members retiring before January 1, 2004, shall equal 2.75 percent of average final compensation, for each year of credited service,~ provided, however, that the benefit shall not exceed 75 percent of average final compensation but shall, in any event, average at least twa ~ percent for each year of credited service. The monthly retirement benefit for members retiring on or after January 1, 2004, shall equal three .Q percent of average final compensation for each year of credited service,~ provided, however, that the benefit shall not exceed 99 percent of average final compensation. Notwithstanding the preceding sentence. the Page 3 of 6 Ordinance 23, 2012 1 monthly retirement benefit for members retiring on or after the effective date of 2 this ordinance shall equal 3 percent of average final compensation for each year 3 of credited service, provided, however. that the benefit shall not exceed 75 4 percent of average final compensation. In the event a member who retires on or 5 after the effective date of this ordinance has, as of that date, accrued a benefit in 6 excess of 75 percent of average final compensation, the member shall retain the 7 benefit percentage accrued as of the effective date of this ordinance, but shall 8 not accrue any additional benefit after that date. Provided, the 75 percent of 9 average final compensation maximum benefit shall not apply to members who 1 0 were employed on the effective date of this ordinance and had reached age 52 11 with 10 or more years of credited service or 25 years of credited service on that 12 date. 13 14 (3)-(5) (These sub-sections shall remain in full force and effect as previously 15 enacted.) 16 17 (6) COLA. Commencing January 1, 2004, and each January thereafter, the 18 benefits payable to members, beneficiaries~ and survivors pursuant to this 19 section and sections 38-57 and 38-59(2) shall be increased as follows: 20 21 a. For members 53 years of age -GRe-1 percent. 22 23 b. For members 54 years of age-+we-~ percent. 24 25 26 c. For members 55 years of age and older -Three 3 percent. 27 Notwithstanding the preceding sentence. benefits for members 55 years of 28 age and older based on credited service earned on and after the effective 29 date of this ordinance shall be increased by 1.5 percent commencing 30 January 1, 2013, and each January thereafter. Provided, the benefit 31 adjustment provided in the preceding sentence shall not apply to members 32 who were employed on the effective date of this ordinance and had reached 33 age 52 with 10 or more years of credited service or 25 years of credited 34 service on that date; such members and their beneficiaries and survivors 35 shall continue to receive a 3 percent annual cost-of-living adjustment. 36 37 Increases to beneficiaries and survivors shall be based upon the age the 38 member would have attained if the member had survived. 39 40 SECTION 5. Each and every other section and subsection of Chapter 38. Fire 41 Prevention and Protection. shall remain in full force and effect as previously enacted. 42 43 SECTION 6. All ordinances or parts of ordinances in conflict herewith be and the 44 same are hereby repealed. 45 46 Page 4 of 6 Ordinance 23, 2012 1 SECTION 7. Should any section or provision of this Ordinance or any portion 2 thereof, any paragraph, sentence, or word be declared by a court of competent 3 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 4 this Ordinance. 5 6 SECTION 8. Specific authority is hereby granted to codify this Ordinance. 7 8 SECTION 9. This Ordinance shall become effective immediately upon adoption. 9 10 11 (The remainder of this page intentionally left blank) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 23, 2012 PASSED this ~~-ot day of_-r...:.__t/_Ly..__ ____ , 2012, upon first reading. PASSED AND ADOPTED this __ day of ______ , 2012, upon second and final reading. CITY OF PALM BEACH GARDENS BY: -------------------------David Levy, Mayor Robert G. Premuroso, Vice Mayor Marcie Tinsley, Councilmember Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: BY: --------------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------------------R. Max Lohman, City Attorney FOR AGAINST ABSENT G:\attorney_share\ORDINANCES\2012\0rdinance 23 2012 FF Pension Changes with revisions 7 12 12-Final per RML.docx Page 6 of 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 13, 2012 Ordinance 24, 2012 Subject/Agenda Item: Second and Final Reading and Adoption-Amending the City of Palm Beach Gardens Police Officers' Pension Plan. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance Allan Owens Finance Administrator Advertised: Finance Administrator m Date: August 29, 2012 Paper: Palm Beach Allan Owens Post [ ] Not Required Submitted by: Allan Owens Finance Administrator Affected parties Approved by: [ 1 Notified Costs: $_-=-N=A..__ __ (Total) $--::-----:--=:-:- Current FY Funding Source: [ 1 Operating [ 1 Other NA ------------------------------- Contract/Agreement: Effective Date: N/A Expiration Date: N/A Budget Acct.#: Council Action: ] Approved ] Approved w/ Conditions 1 Denied ] Continued to: Attachments: • Ordinance 24, 2012 • Exhibit "A" Actuarial Impact Statement Meeting Date: September 13, 2012 Ordinance 24, 2012 Page 2 of2 BACKGROUND: At an Imposition Hearing (Special Council Meeting) on July 11, 2012, the City Council approved certain benefit changes to the City of Palm Beach Gardens Police Officers' Pension Fund. These changes incorporate the retirement provisions recommended by Special Magistrate Martin A. Soli, Esq. in his Recommended Decision dated June 5, 2012. A summary of the proposed changes is as follows: 1. The benefit multiplier shall be reduced from 3.5% to 2.75% for all service after the effective date of this Ordinance, September 13, 2012. 2. Compensation for pension purposes shall be base pay, excluding all other compensation. 3. The maximum pension benefit is reduced from 100% to 75% of Average Final Compensation. 4. There shall be no Cost of Living Adjustment. 5. Normal retirement date for employees with less than 10 years of service on the effective date of this Ordinance, September 13, 2012, shall be age 59 with 10 or more years of service. Employees with 10 or more years of service on the effective date of this Ordinance, September 13, 2012, shall retain the current normal retirement date of age 52 with 10 or more years of service, or 20 years of service regardless of age. In addition to the above changes, the City shall, at its discretion, discontinue participation in Chapter 185, Florida Statutes, following the effective date of this Ordinance, September 13, 2012. At the time the City discontinues participation in Chapter 185, the employee pension contribution shall decrease to 8% of compensation. On August 9, 2012, Ordinance 24, 2012 was approved by Council as presented on first reading. On August 15, 2012, the final Actuarial Impact Statement was issued by Gabriel Roeder Smith & Company (see attached Exhibit "A"), which indicates the City's contribution would decrease by $606,694 in FY 2012/13. In addition to the reduction in the required contribution, the study indicates that the unfunded liability would decrease by $6.7 million, from $29.8 million to $23.1 million, and the funded ratio would rise to 66.4% from 60.5%. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 24, 2012 as presented on second and final reading. 1 ORDINANCE 24, 2012 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 50-POLICE 6 OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH 7 GARDENS, FLORIDA, AT ARTICLE Ill, POLICE OFFICERS' 8 RETIREMENT TRUST FUND. IN ORDER TO IMPLEMENT THE CITY 9 COUNCIL'S ACTON RESOLVING THE IMPASSE IN COLLECTIVE 10 BARGAINING NEGOTIATIONS BETWEEN THE CITY OF PALM 11 BEACH GARDENS AND THE PALM BEACH COUNTY POLICE 12 BENEVOLENT ASSOCIATION; AMENDING SECTION 50-61. 13 DEFINITIONS., BY REPEALING THE DEFINITION OF "SALARY" 14 AND READOPTING SAME, AS REVISED; BY REPEALING 15 SECTION 50-116. NORMAL RETIREMENT. AND READOPTING 16 SAME, AS REVISED IN ORDER TO AMEND THE NORMAL 17 RETIREMENT DATE AND BENEFITS; BY REPEALING SECTION 18 50-135. ANNUAL ADJUSTMENTS. AND READOPTING SAME, AS 19 REVISED IN ORDER TO AMEND THE COST OF LIVING 20 ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A 21 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 22 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 23 24 25 WHEREAS, the City Council recently took final action to resolve the impasse in 26 collective bargaining negotiations between the City and the Palm Beach County Police 27 Benevolent Association; and 28 29 WHEREAS, one of the issues at impasse involved certain changes to pension 30 benefits for members of the City of Palm Beach Gardens Police Officers' Retirement 31 Trust Fund; and 32 33 WHEREAS, to implement the City Council's action, it is necessary to amend the 34 Police Officers' Retirement Trust Fund ordinance; 35 36 WHEREAS, the City Council deems approval of this Ordinance to be in the best 37 interests of the health, safety, and welfare of the residents and citizens of the City of 38 Palm Beach Gardens and the public at large. 39 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COUNCIL OF THE 42 CITY OF PALM BEACH GARDENS: 43 44 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 45 46 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 24, 2012 SECTION 2. Chapter 50. Police. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Article Ill. Police Officers' Retirement Trust Fund. by amending Section 50-61. Definitions. by repealing the definition of "Salary" and readopting same as revised; providing that the revised definition of "Salary" shall be listed alphabetically within Section 50-61 and shall hereafter read as follows: Sec. 50-61. Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: (All Definitions, except Salary, shall remain in full force and effect as previously adopted.) * * * Salary means the average monthly earnings reported to the Internal Revenue Service for income tax purposes, plus deferred compensation. Beginning with salary after December 31, 2008, and pursuant to Internal Revenue Code Section 414(u)(7), the definition of salary includes amounts paid by the city as differential wages to members who are absent from employment while in qualified military service. Notwithstanding the preceding two sentences. effective September 13. 2012. salary will henceforth mean base pay. excluding all other compensation; provided that the salary of any member employed on September 13. 2012. shall include payment for unused accrued sick and annual leave up to the dollar amount of unused sick and annual leave that the member has accrued as of September 13. 2012. However. in no event. will the salary of any member who is employed on September 13. 2012. be less than the member's salary on September 12. 2012. as determined in accordance with the definition of salary in effect on September 12, 2012. * * * SECTION 3. Chapter 50. Police. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Article Ill. Police Officers' Retirement Trust Fund. by repealing Section 50-116. Normal Retirement. and readopting same, as revised; providing that Section 50-116 shall hereafter read as follows: Sec. 50-116. Normal Retirement. (a) Date. A member's normal retirement date shall be upon the attainment of age 52, provided the officer has at least ten years of service, or upon completion of 20 years of service, regardless of age. Notwithstanding the preceding sentence. for police officers with less than ten years of creditable service on September 13. 2012. and police officers hired on or after that date. the normal retirement date shall be upon the attainment of age 59 and at least ten years of creditable service. (b) Benefit. The monthly amount of normal retirement benefit payable to a police officer who retires on the normal retirement date shall be an amount equal to 3.5 percent multiplied by the number of years of credited service, up to a maximum of 100 percent, multiplied by average monthly earnings. Notwithstanding the preceding Page 2 of 4 Ordinance 24, 2012 1 sentence, for police officers who are employed and have not attained the normal 2 retirement date prior to September 13, 2012. the monthly amount of normal retirement 3 benefit payable to a police officer who retires on or after the normal retirement date shall 4 be an amount equal to 3.5 percent multiplied by the number of years of credited service 5 prior to the effective date of this ordinance, plus 2.75 percent multiplied by the number 6 of years of credited service on and after the effective date of this ordinance. up to a 7 maximum of 75 percent. multiplied by the police officer's average monthly earnings; and 8 for police officers hired on or after the effective date of this ordinance the monthly 9 amount of normal retirement benefit payable to a police officer who retires on or after 10 the normal retirement date shall be an amount equal to 2.75 percent multiplied by the 11 number of years of credited service on and after the effective date of this ordinance, up 12 to a maximum of 75 percent, multiplied by the police officer's average monthly earnings. 13 In no event will the benefit paid be less than 2 percent per year of service. 14 15 (c) (This subsection shall remain in full force and effect as previously enacted.) 16 17 SECTION 4. Chapter 50. Police. of the Code of Ordinances of the City of Palm 18 Beach Gardens, Florida is hereby amended at Article Ill. Police Officers' Retirement 19 Trust Fund. by repealing Section 50-135. Annual Adjustments. and readopting same, as 20 revised; providing that Section 50-135 shall hereafter read as follows: 21 22 Sec. 50-135. Annual adjustments. 23 24 (a)-(d) (These subsections shall remain in full force and effect as previously 25 enacted.) 26 27 (e) Notwithstanding the provisions in paragraphs {a)-(d). for police officers who 28 are employed and have not reached the normal retirement date prior to September 13. 29 2012, there shall be no cost of living adjustment applied to benefits earned based on 30 creditable service on and after that date; and for and police officers hired on or after 31 September 13. 2012. there shall be no cost of living adjustment. 32 33 SECTION 5. Each and every other section and subsection of Chapter 50-Police 34 shall remain in full force and effect as previously enacted. 35 36 SECTION 6. All ordinances or parts of ordinances in conflict herewith be and the 37 same are hereby repealed. 38 39 SECTION 7. Should any section or provision of this Ordinance or any portion 40 thereof, any paragraph, sentence, or word be declared by a court of competent 41 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 42 this Ordinance. 43 44 SECTION 8. Specific authority is hereby granted to codify this Ordinance. 45 46 SECTION 9. This Ordinance shall become effective immediately upon adoption. Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 24, 2012 , 2012, upon first reading. PASSED AND ADOPTED this __ day of ______ , 2012, upon second and final reading. CITY OF PALM BEACH GARDENS BY: -------------------------David Levy, Mayor Robert G. Premuroso, Vice Mayor Marcie Tinsley, Councilmember Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: BY: --------------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------------------R. Max Lohman, City Attorney FOR G:\attorney_share\ORDINANCES\2012\0rdinance 24 2012 -PBG Police Pension.docx Page 4 of 4 AGAINST ABSENT Meeting Date: September 13, 2012 Ordinance 24, 2012 EXHIBIT "A" GRS August 15, 2012 Gabriel Roeder Smith & Company Consultants & Actuaries Ms. Audrey Ross Resource Centers, LLC 4360 Northlake Blvd., Suite 206 Palm Beach Gardens, FL 33410 One East Broward Blvd. Suite 505 Ft. Lauderdale, FL 33301-1804 Re: City of Palm Beach Gardens Police Officers' Pension Fund Dear Audrey: 954.527.1616 phone 954.525.0083 fax www.gabrielroeder.com As requested, we have prepared the enclosed Actuarial Impact Statement for the proposed ordinance which would amend the Plan as follows: • The benefit multiplier would be lowered from 3.50% to 2. 75% per year of service for service accrued after the effective date of the ordinance. This change would not apply to members who are eligible for nonnal retirement as of the effective date of the ordinance. • The total maximum benefit that may be accrued under the Plan would be reduced from 100% to 75% of Average Final Compensation. However, any member who has accrued a greater percentage as of the effective date of the ordinance would retain that percentage but would not accrue an increased percentage. This change would not .apply to members who are eligible for nonnal retirement as of the effective date ofthe ordinance. • Compensation would be changed from total W-2 earnings to base pay excluding all other pay. However, compensation for pension purposes after the effective date would not be less than the compensation on the day before the effective date under the previous defmition. • The amount ofunused leave pay included in compensation is limited to the dollar amount accrued on the effective date of the ordinance. • The norn1al retirement date would be changed to age 59 with 10 years of service from the earlier of age 52 with I 0 years of service or 20 years of service regardless of age. This change would not apply to members who have at least ten years of service as of the effective date of the ordinance. • The COLA provided by actuarial gains after the effective date of the ordinance would be eliminated. Since this plan provision is not pre-funded, this change would have no impact on the required contribution. The Statement must be filed with the Division of Retirement before the final public hearing on the ordinance; Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy of the proposed ordinance to Tallahassee. Summary of Findings • The City's required contribution would decrease by approximately $607,000 the first year. • The unfunded accrued liability would decrease by $6.7 million, from $29.8 million to $23.1 million. • The Plan's funded ratio (assets divided by actuarial accrued liability) would rise to 66.4% from 60.5%. Ms. Audrey Ross August 15,2012 Page2 Other Cost Considerations • The enclosed results are based on the October 1, 2011 valuation which recognizes a 7.40% investment return assumption. The investment return assumption will be lowered to 7.30% effective October 1, 2012 and will be further lowered by 0.1% each year until6.5% is reached; as such, the funding requirements in future years will be higher regardless of whether or not the proposed plan changes are adopted. • As of October 1, 2011 the Actuarial Value of Assets exceeds the Market Value of Assets by $5.3 million. This difference will be recognized over the next several years. In turn, the computed employer contribution rate will gradually increase in the absence of offsetting gains. • The payment on the unfunded accrued liability (UAL) is computed as a level percent of covered payroll under the assumption that covered payroll will rise by 5% per year. According to Florida Law, this payroll growth assumption may not exceed the average growth over the last ten years which was 1.55% (after reflecting the plan changes described above). Ifthis ten-year average falls below tllis rate in future years, the amortization payments will increase. • Currently, the allowable amount of State contribution that the City can take as a credit against the required contribution is $412,644. The Division of Retirement has taken the position that this revenue will be fotfeited if benefits are reduced below those in effect as of March 12, 1999. The proposed changes described above could trigger this forfeiture. The enclosed calculations reflect the forfeiture ofChapter l85revenue. However, the Plan may receive Chapter 185 revenue in 2013 based on the tax revenue collected from January 1, 2012 through the effective date of the ordinance. It should be noted that the Division's position on this issue may be changing in the near future. Additional Disclosures This report was prepared at the request of the Board and is intended for use by the Retirement System and those designated or approved by the Board, This report may be provided to parties other than the Board only in its entirety and only with the permission of the Board. The purpose of this report is to describe the financial effect of the proposed plan changes. No statement in this report is intended to be interpreted as a recommendation in favor of the proposed changes, or in opposition of them. This report should not be relied on for any purpose other than the purpose described above. The calculations in this report are based upon information furnished by the Plan Administrator for the October 1, 2011 Actuarial Valuation concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. The calculations are also based on base pay and unused leave data provided by the City for the fiscal year ending September 30,2011. We reviewed this infonnation for internal and year-to-year consistency, but did not otherwise audit the data. We are not responsible for the accuracy or completeness of the information provided by the Plan Administrator or City. The actuarial assumptions and methods used in this report are the same as those shown in the October I, 2011 Actuarial Valuation Report with the following exceptions: • The probability of normal retirement for members affected by the change in normal retirement eligibility is 100% when first eligible. The probability of early retirement for these members is 2.5% for each year eligible. Gabriel Roeder Smith & Company Ms. Audrey Ross August 15, 2012 Page 3 • The payroll growth assumption used to amortize the Unfunded Accrued Liability was lowered from 3.57% to 1.55% in order to limit the rate to the actuallO-year average payroll growth based on the payroll under the proposed definition in accordance with Florida Statutes. The calculations are based upon assumptions regarding future events, which mayor may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. Future actuarial measurements may differ sigrtificantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period or additional cost or contribution requirements based on the plan's funded status); and changes in plan provisions or applicable law. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that 'Conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of.our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Respectfully submitted, +aifwa_R...~ Melissa R. Algayet, . CA Enrolled Actuary No. 11-6467 Enclosures Gabriel Roeder Smith & Company City of Palm Beach Gardens Police Officers' Pension Fund Impact Statement-August 15, 2012 Description of Amendments The proposed ordinance would amend the Plan as follows: • The benefit multiplier would be lowered from 3.50% to 2. 75% per year of service for service accrued after the effective date of the ordinance. This change would not. apply to members who are eligible for normal retirement as of the effective date of the ordinance. • The total maximum benefit that may be accrued under the Plan would be reduced from 100% to 75% of Average Final Compensation. However, any member who has accrued a greater percentage as of the effective date of the ordinance would retain that percentage but would not accrue an increased percentage .. This change would not apply to members who are eligible for nonnal retirement as of the effective date of the ordinance. • Compensation would be changed from W-2 earnings to base pay excluding aU other pay. However, compensation for pension purposes after the effective date would not be less than the compensation on the day before the effective date under the previous definition. • The amount of unused leave pay included in compensation is limited to the dollar amount accrued on the effective date of the ordinance. • The normal retirement date would changed to age 59 with 10 years of service from the earlier of age 52 with 10 years of service or 20 yeats of service regardless of age . This change would not apply to members who have at least ten years of service as ofthe effective date of the ordinance. • The COLA provided by actuarial gains after the effective date ofthe ordinance would be eliminated. Since this plan provision is not pre-funded. this change would have no impact on the required contribution. Funding Implications of Amendment An actuarial cost estimate is attached. Certification of Administtator I believe the amendment to be in compliance with Part Vll, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator ---------------------------------------------------- SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Palm Beach Gardens Police Officers' Pension Fund Valuation Date October l, 2011 Date of Report August 15,2012 ReportRequested by Board ofTrustees Prepared by J. Stephen Palmquist Group Valued All active and inactive members of the Plan. Benefit Provisions Being Considered for Change Present Provisions Before Changes • The benefit multiplier is 3.50% per year of service. • The total maximum benefit that may be accrued under the Plan is 100% of Average Final Compensation. • Compensation is actual compensation reported to the Internal Revenue Service for income tax purposes, plus deferred compensation. • Accumulated unused leave pay is included in Average Final Compensation in calculating pension benefits. • The normal retirement date is the earlier of age 52 with 10 years of service or 20 years of service regardless ofage. • There is an ad-hoc COLA provided by actuarial gains. Proposed Changes • The benefit multiplier would be 2. 75% per year of service accrued after the effective date of the ordinance. • The total maximum benefit that may be accrued under the Plan would be 75% of Average Final Compensation. However, any member who has accrued a greater percentage as ofthe effective date of the ordinance would retain that percentage but would not accrue an increased percentage. • Compensation would be base pay excluding all other pay. However, compensationfor pension purposes after the effective date would not be less than the compensation on the day before the effective date under the previous definition. • The amount of unused leave pay included in Average Final Compensation is limited to the dollar amount accrued on the effective date of the ordinance. • The normal retirement date would be age 59 with 10 years of service. • The COLA provided by actuarialgains would be eliniinated. Since this plan provision is not pre-funded, this change would have no impact on the required contribution. Participants Affected The changes would apply to current and future active members who tenninate after the effective date of the ordinance. However, the changes in the benefit multiplier and benefit limit do not apply to members who are eligible for normal retirement as of the effective date of the ordinance. The change in normal retirement eligibility would not apply to members who have at least ten years of service as of the effective date ofthe ordinance. Actuarial Assumptions and Methods Same as October 1, 2011 Actuarial Valuation Report with the following exceptions: • The probability of normal retirement for members affected by the change in normal retirement eligibility is 100% when first eligible. ·The probability of early retirement· for these members is 2.5% for each year eligible. • The payroll growth assumption used to amortize the Unfunded Accrued Liability was lowered from 3.57% to 1.55% in order to limit the rate to the actuall 0-year average payroll growth based on the payroll under the proposed defmition in accordance with Florida Statutes. Some of the key assumptions/methods are: Investment Return-7.40% Salary increase -7.50% per year Cost Method -Entry Age Normal Amortization Period for Any Change in Actuarial Accrued Liability 15 years Summary of Data Used in Report See attached page. Same as data used for the October l, 2011 Actuarial Valuation Report. The calculations are also based on base pay and unused leave data provided by the City for the fiscal year ending September 30, 2011. Actuarial Impact of Proposal(s) See attached page(s) Special Risks Involved with the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations • The enclosed results are based on the October .1, 2011 valuation which recognizes a 7.40% investment return assumption. The investment return assumption will be lowered to 7.30% effective October 1, 2012 and will be further lowered by 0.1% each year Uiltil6.5% is reached; as such, the funding requirem.ents in future years will be higher regardless of whether or not the proposed plan changes are adopted. · • As of October 1, 2011 the Actuarial Value ·of Assets exceeds the Market Value of Assets by $5.3 million. This difference will be recognized over the next several years. In turn, the .oomputed employer contribution rate will gradually increase in the absence of offsetting gains. • The payment on the unfunded accrued liability (UAL) is computed as a level percent of covered payroll under the assumption that covered payroll will rise by 5% per year. According to Florida Law, this payroll growth assumption may not exceed the average growth over the last ten years which was 1.55% {after reflecting .the plan changes described above). If this ten-year average falls below this rate in future years, the amortization payments will increase. • Currently, the allowable amount of State contribution that the City can take as a credit against the required contribution is $412,644. The Division ofRetirement has taken the p()sition that this -------------------------------------------------- revenue will be forfeited if benefits are reduced below those in effect as of March 12, 1999. The proposed changes described above could trigger this forfeiture. The enclosed calculations reflect the forfeiture ofChapter 185 revenue. However, the Plan may receive Chapter 185 revenue in 2013 based on the tax revenue collected from January 1, 2012 through the effective date of the ordinance. It should be noted that the Division's position on this issue may be changing in the near future. --------·-···-· ------------------l ANNUAL REQUIRED CONTRIBUTION (ARC) ~ . A. Valuation Date October 1, 2011 October 1, 2011 Baseline Proposed Change Ordinance B. ARC to Be Paid During Fiscal Year Ending 9/30/2013 9/30/2013 c. Assumed Date of Employer Contrib. Quarterly Quarterly D. Annual Payment to Amortize Unfunded Actuarial Liability $ 1,998,931 $ 1,716,176 $ (282,755) E. Employer Nonnal Cost 1,767,840 1,121,518 (646,322) F. ARC if Paid on the Valuation Date: D+E 3,766,771 2,837,694 (929,077) G. ARC Adjusted for Frequency of Payments 3,936,276 2,965,390 (970,886) H. ARC a'> % of Covered Payroll 56.46 % 51.80 % (4.66)% I. Assumed Rate of Increase in Covered Payroll to Contribution Year 5.00 % 5.00 % 0.00 % J. Covered Payroll for Contribution Year 7,319,773 6,010,436 (1,309,337) K. ARC for Contribution Year: H x J 4,132,744 3,113,406 (1,019,338) L. Estimate of Annual State Revenue in Contribution Year 412,644 0 • (412,644) M. Required Employer Contribution (REC) 3,720,100 3,113,406 (606;694) in Contribution Year N. REC as % of Covered Payroll in Contribution Year: M + J 50.82 % 51.80 % 0.98 % • The Plan may receive Chapter 185 revenue in 2013 based on the tax revenue collected from January 1, 2012 through the effective date of the ordinance. '------------~--~---~~~~~~-~~-~-··---··-··-·······-·-··· ~--····---····-·--·-··--··-··---·--··---·------·-------------' ACTUARIAL V ALUEOFBFNmrs AND ASSEIS A. Valuation Date October 1, 2011 October 1, 2011 Baseline Proposed Change Ordinance B. Actuarial Present Value of All Projected Benefits for 1. Active Members a. Service Retiretrent Benefits $ 44,785,102 $ 32,085,576 $ {12,699,526) b. Vesting Benefits 1,774,049 1,341,710 (432,339) c. Disability Benefits 4,170,088 4,584,137 414,049 d. Preretiretrent Death Benefits 493,976 514,~78 21,002 e. Return ofMemberContnbutions 20,293 19,655 ~638~ f. Total 51,243,508 38,546,056 {12,697,452) 2. Inactive Members a. Service Retirees & Beneficiaries 41,515,012 41,515,012 0 b. Disability Retirees 2,944,145 2,944,145 0 c. Tenninated Vested Members 254,908 254!908 0 d. Total 44,714,065 44,714;065 0 3. Total for All Members 95,957,573 83,260,121 (12,697,452) c. Actuarial Accrued (Past Service) Liability perGASB No. 25 75,529,455 68;822,738 ( 6, 706, 717) D. Actuarial Value of Accumulated Plan Benefits perF ASB No. 35 N/A NIA N/A E Plan Assets 1. Market Value 40,379,486 40,379,486 0 2. Actuarial Value 45,709,740 45,709,740 0 F. Unfunded Actuarial Accrued Liability: C-E2. 29;819,715 23,112,998 (6,706,717) G. Actuarial Present Value of Projected Covered Payroll 63,912,054 59,908,329 (4,003,725) H. Actuarial Present Value ofProjected Member Contnbutions 5,496,437 5,152,116 (344,321) I. Funded Ratio: F2/C 60.5% 66.4% 5.9% CALCULAUONOFEMPLOYERNO~COST A. Valuation Date October I, 2011 October 1, 2011 Baseline Proposed Change Ordinance B. Nonnal Cost for 1. Service Retifement Benefits $ 1,774,197 $ 1,088,926 $ (68S,271) 2. Vesting Benefits 138,517 102,624 (35,893) 3. Disability Benefits 293,271 267,504 (25,767) 4. Preretirement Death Benefits 32,643 29,213 (3,430) 5. Return ofMember.Contributions 14,695 11,493 ~3,2022 6. Total for Future Benefits 2,253,323 1,499,760 (753,563) 7. Assumed Atoount for Administrative Expenses 114,041. 114,041 0 8. Total Nonnal Cost 2,367,364 1,613,801 (753,563) As% of Covered Payroll 33.96 % 28.19 % (5.77)% c. Expected Member Contnbution 599,524 492,283 (107,241) As %of Covered Payroll 8.60% 8.60% 0.00% D. Net Ettflloyer Nonml Cost: B8-C 1,767,840 1,121,518 (646,322) As% of Covered Payroll 25.36 % 19.59 % (5.77)% PAR11CIPANTDATA October 1, 2011 October 1, 2011 Baseline Proposed Change Ordinance ACTIVEMFMBIRS Number 84 84 0 Covered Annual Payroll $ 6,971;212 $ 5,724,225 $ (1,246,987) Average Annual Payroll $ 82,991 $ 68,146 $ (14,845) Average Age 40.1 40.1 0.0 Average Past Service 10.5 10.5 0.0 Average Age at Hire 29.6 29.6 0.0 ~.BENDICIARIIlS & DROP* Number 46 46 0 Annual Benefits $ 3,350,377 $ 3,350,377 $ 0 Average Annual Benefit $ 72,834 $ 72,834 $ 0 Average Age 54.9 54.9 0.0 DJSABILOYR~ Number lO 10 0 Annual Benefits $ 272,822 $ 272,822 $ 0 Average Annual Benefit $ 27,282 $ 27,282 $ 0 Average Age 55.2 55.2 0.0 TERMINATFD VESTFD MEMBERS Nunber l 1 0 Annual Benefits $ 49,452 $ 49,452 $ 0 Average Annual Benefit $ 49,452 $ 49,452 $ 0 Average Age 40.0 40.0 0.0 * Does not include deferred supplemental benefits for DROP members .......... ····-····-------------------------i CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 13, 2012 Ordinance 25, 2012 Subject/Agenda Item: Amending Chapter 26, Elections by repealing Section 26-2. Duties of City Clerk. and Section 26-17. Canvassing Board. of the City's Code of Ordinances. [X] Recommendation to APPROVE ] Recommendation to DENY Reviewed by: Originating Dept.: Advertised: NA Finance Administrator Date: NA Allan Owens Paper: [ x 1 Not Required Submitted by: Affected parties ~------------~ Approved by: [ ] Notified qui red Costs: $_...:.;N:.::.A:...-__ (Total) $.--:-----~ Current FY Funding Source: [ 1 Operating []Other NA Contract/ Agreement: Effective Date: N/A Expiration Date: N/A Budget Acct.#: Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Ordinance 25, 2012 . ----------------------------------------------------------------------- Meeting Date: September 13, 2012 Ordinance 25, 2012 Page 2 of2 BACKGROUND: Chapter 26, Elections of the City's Code of Ordinances requires revisions in order to clarify the City Clerk's election duties and to change the composition of the City's Canvassing Board in order to satisfy contractual requirements with the Supervisor of Elections. The proposed changes are as follows: Sec. 26-2. Duties of city clerk. City elections shall be conducted in a proper and legal manner under the supervision of the city clerk in accordance with general law of the State of Florida. Subject to the approval of the city council, the clerk may delegate any or all of the responsibilities for administering the election to the supervisor mutual agreement of the city council and the Palm Beach County Supervisor of Elections (SOE) the city may contract with the SOE for the orderly conduct and administration of the city's municipal elections in accordance with state law. Sec. 26-17. Canvassing board. (a) The city council shall meet as a canvassing board and shall canvass the returns of each city election within tvto days of the date thereof. If any council person is the subject of a recall election in the election being canvassed, he shall be replaced by a qualified elector of the city appointed by the council. Anyone so appointed shall not be a candidate with opposition in the election being canvassed or an active participant in the campaign of any candidate in the election being canvassed. However, any such appointments shall only be required to ensure that there are at least three voting members of the board. The city clerk. or designee. and city attorney and such others as the city council may appoint by resolution shall serve as members of the canvassing ~ officio members of the board. The board shall ensure that the ballots cast for any election are fairly and accurately counted, and shall certify the results of each election. (b) The board shall canvass the returns and absentee ballots in accordance with F.S. § 102.141(3), and shall canvass absentee ballots in accordance with F.S. § 101.68 state law. (c) At such time as the board has canvassed the returns, disposed of any challenges thereto, and ascertained and certified the results, the clerk shall issue a certificate of election to each candidate elected and shall issue a certificate of election of each issue. CITY COUNCIL: On August 9, 2012, the City Council approved Ordinance 25, 2012 on first reading by a vote of 4-0. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 25, 2012 as presented on second reading. --------------------------------------------- 1 ORDINANCE 25, 2012 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. 6 OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH 7 GARDENS, FLORIDA BY REPEALING SECTIONS 26-2 AND 26-17 8 AND READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND 9 CLARIFY THE CITY CLERK'S ELECTION DUTIES AND TO REVISE 10 THE COMPOSITION OF THE CITY'S CANVASSING BOARD; 11 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 12 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 13 FOR OTHER PURPOSES. 14 15 16 WHEREAS, the City Council desires to revise and clarify the City Clerk's election 17 duties for the City's municipal elections; and 18 19 WHEREAS, the City Council desires to amend the composition of the City's 20 Canvassing Board; and 21 22 WHEREAS, the City Council deems approval of this Ordinance to be in the best 23 interests of the health, safety, and welfare of the residents and citizens of the City of 24 Palm Beach Gardens and the public at large. 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. Chapter 26. Elections. of the Code of Ordinances of the City of 33 Palm Beach Gardens, Florida is hereby amended by repealing Section 26-2. Duties of 34 city clerk. and readopting same, as revised; providing that Section 26-2 shall hereafter 35 read as follows: 36 37 Sec. 26-2. Duties of city clerk. 38 39 City elections shall be conducted in a proper and legal manner under the supervision of 40 the city clerk in accordance with general law of the State of Florida. Subject to the 41 approval of the city council, the clerk may delegate any or all of the responsibilities for 42 administering the election to the supePiisor mutual agreement of the city council and the 43 Palm Beach County Supervisor of Elections (SOE), the city may contract with the SOE 44 for the orderly conduct and administration of the city's municipal elections in accordance 45 with state law. 46 Page 1 of 3 Ordinance 25, 2012 1 SECTION 3. Chapter 26. Elections. of the Code of Ordinances of the City of 2 Palm Beach Gardens, Florida is hereby amended by repealing Section 26-17. 3 Canvassing board. and readopting same, as revised; providing that Section 26-17 shall 4 hereafter read as follows: 5 6 Sec. 26-17. Canvassing board. 7 8 (a) The city council shall meet as a canvassing board and shall canvass the 9 returns of each city election '<f.•ithin t\vo days of the date thereof. If any council person is 10 the subject of a recall election in the election being can•1assed, he shall be replaced by 11 a qualified elector of the cit)' appointed by the council. Anyone so appointed shall not be 12 a candidate with opposition in the election being canvassed or an active participant in 13 the campaign of any candidate in the election being canvassed. However, any such 14 appointments shall only be required to ensure that there are at least three voting 15 members of the board. The city clerk, or designee, and city attorney and such others as 16 the city council may appoint by resolution shall serve as members of the canvassing 8* 17 officio members of the board. The board shall ensure that the ballots cast for any 18 election are fairly and accurately counted and shall certify the results of each election. 19 20 (b) The board shall canvass the returns and absentee ballots in accordance 21 with F.S. § 102.141(3), and shall canvass absentee ballots in accordance 'Nith F.S. § 22 101.68 state law. 23 24 (c) At such time as the board has canvassed the returns, disposed of any 25 challenges thereto, and ascertained and certified the results, the clerk shall issue a 26 certificate of election to each candidate elected and shall issue a certificate of election of 27 each issue. 28 29 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 30 hereby repealed. 31 32 SECTION 5. Should any section or provision of this Ordinance or any portion 33 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 34 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 35 36 SECTION 6. Specific authority is hereby granted to codify this Ordinance. 37 38 SECTION 7. This Ordinance shall become effective immediately upon adoption. 39 40 41 42 43 44 45 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 25, 2012 ;:x;. . PASSED this C}-day of fhJGu~r , 2012, upon first reading. PASSED AND ADOPTED this __ day of ______ , 2012, upon second and final reading. CITY OF PALM BEACH GARDENS BY: -------------------------David Levy, Mayor Robert G. Premuroso, Vice Mayor Marcie Tinsley, Councilmember Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: BY: --------------------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------------------R. Max Lohman, City Attorney FOR AGAINST ABSENT G:\attorney_share\ORDINANCES\2012\0rdinance 25 2012 -Chapter 26-Canvassing Board Amendments.docx Page 3 of 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 13, 2012 Resolution 81, 2012 Subject/Agenda Item: Resolution 81, 2012 Downtown at the Gardens Shared Parking Consideration for Approval: A request by Downtown at the Gardens Associates, L TO for approval of a shared parking study and modification of conditions of approval related to site lighting. Downtown at the Gardens (DTAG) is located at the southeast corner of Alternate A 1A and Gardens Parkway and is approximately 49 acres. [X] Recommendation to APPROVE with conditions [ ] Recommendation to DENY Reviewed by: Originating Dept.: Development Compliance i.Jl.(;!,lfs, AICP Planning & Zoning: Project Manager H> Kathryn DeWitt, AICP Sr. Planner [X] Quasi-Judicial [ ] Legislative Finance: Accountant LQ{ Sarah Varga Fees Paid: N/A Funding Source: [ ] Operating [X] Public Hearing [X] Other__,_N=/ A_,___ ~------------~ R. Advertised: [X] Required [ ] Not Required Date: 08.29.2012 Paper: Palm Beach f-A-::--pp_r_o_v-ed-=-=8-y-: ------i Post [ ] Not Required Budget Acct.#: N/A Contract/Agreement: Effective Date: N/A Expiration Date: N/A Council Action: ] Approval ] Approved w/ Conditions ] Denial ] Continued to: __ Attachments: • Development. Application • Project Narrative • Location Map • Resolution 120, 2005 • Resolution 58, 2009 • DT AG Rent Roll • Resolution 81, 2012 EXECUTIVE SUMMARY Meeting Date: September 13, 2012 Resolution 81, 2012 Page 2 of9 · The subject request is to adopt a shared parking study for the DTAG site and to modify conditions of approval related to lighting. Staff recommends approval of the proposed shared parking study with the conditions of approval contained herein. BACKGROUND On October 5, 1995, the City Council approved a Future Land Use (FLU) Map amendment via Ordinance 10, 1995, which amended the FLU designation of the Downtown at the Gardens (DTAG) parcel from Residential Medium (RM) to Professional Office (PO). DTAG is located within the Regional Center Development of Regional Impact (DRI). The DTAG site plan was initially approved by the City Council on June 5, 2003, via Resolution 91, 2003. The original DTAG site plan authorized the development of 26,000 square feet of neighborhood commercial, 220,745 square feet of retail I restaurant, 67,690 square feet (up to 3,220 seats) of cinema, and 20,000 square feet of professional office. A shared parking study was approved as part of that Resolution. On December 18, 2003, the City Council approved Resolution 212, 2003 to modify certain conditions of approval, allow architectural modifications, reduce the number of theater seats from 3,220 to 3,130 seats, and increase the total amount of retail square footage by 1,473 square feet. On September 29, 2005, the City Council approved Resolution 120, 2005, which added 1,032 square feet of general office square footage to the subject site. On January 10, 2005, an administrative application was approved to revise the number of cinema seats from 3,130 seats to 3,020 seats and reallocate 1 ,800 square feet of space between two (2) unbuilt buildings, Building M1 and Building M2. On September 24, 2009, the City Council approved Resolution 58, 2009 to replace the most current shared parking analysis with parking regulations from City Code. The Applicant provided the parking required by Code in order to eliminate the need for the shared parking study. This also eliminated the need for a bond for the second parking garage that was associated with the shared parking study. On July 12, 2012, the City Council approved Resolution 67, 2012 amending the List of Permitted Uses for DTAG to include "medical or dental office." On July 13, 2012, an Administrative Amendment was approved to allow the conversion of 3,900 square feet of general office to medical/ dental office. LAND USE & ZONING Meeting Date: September 13, 2012 Resolution 81, 2012 Page 3 of9 The subject site is located within the Regional Center Development of Regional Impact (DRI). The site has a Professional Office (PO) future land-use designation and a Planned Community Development (PCD) I DRI Zoning Overlay, with an approved Master Plan. Table 1. Zoning and Land-Use Designations EXISTING USE ZONING FUTURE LAND USE Subject Property Development of Regional Impact (DR I) I Planned Professional Office (PO) Downtown at the Gardens Community Development (PCD) with Master Plan North Development of Regional Impact (DR I) I Planned Residential High (RH) I Mira Flores Community Development (PCD) with Master Plan Professional Office (PO) South Gosman Parcel Development of Regional Impact (DR I) I Planned Professional Office (PO) Financial Center at the Gardens Community Development (PCD) with Master Plan Laser and Surgery Center West Planned Community Development (PCD) I Industrial (I) I Bioscience Parcei5A Research and Light Industrial (M-1); Research Protection Overlay; Plat 4 Residential Residential Low-3 (RL3) Residential Low (RL) East Development of Regional Impact (DRI) I Planned Landmark Professional Office (PO) Gardens Pointe Community Development (PCD) with Master Plan CONCURRENCY Downtown at the Gardens is part of an overall DRI that was previously reviewed and approved by both the City and the State. The proposed modifications will not exceed those thresholds set forth in the DRI for the subject site (see attached Traffic Statements). PROJECT DETAILS Site Details The Downtown at the Gardens (DTAG) site is bound by Gardens Parkway to the north, Kyoto Gardens Drive to the south, Alternate A1A to the west, and Lake Victoria Gardens Avenue to the east. DTAG is located within the Regional Center Development of Regional Impact (DRI). The site has access from PGA Boulevard via Lake Victoria Gardens Avenue, Alternate A1A,· and Gardens Parkway via Lake Victoria Gardens Avenue. The parcel is approximately 49 acres (see attached Location Map). Subject Request The Applicant is proposing to adopt a shared parking study for DTAG. The proposed shared parking study analyzes the parking demand for the existing and future uses within the development using actual parking data collected from the subject site. The study takes into consideration the complementary nature in which certain uses operate. The proposed shared parking study increases medical office square footage and will enable the Applicant to utilize square footage within the shopping center that is currently required to be kept vacant. Allowing this vacant space to be leased and adding more medical office will Meeting Date: September 13, 2012 Resolution 81, 2012 Page 4 of9 create more activity on the north end of the property and allow more office tenants to occupy the center, thereby creating more daytime traffic and balancing the parking demand on the site more equitably. Currently, the DTAG shopping center provides parking in accordance With the City's parking regulations for mixed-use shopping centers (1 space per 200 square feet). In order to comply with the City's parking requirements, the property owner elected to maintain a certain amount of vacant square footage within the center. Approximately 29,588 square feet of tenant space within the shopping center is vacant for this purpose (approved by ADMN-11-02- 000396). Approval of the proposed shared parking study will allow the property owner to lease the 29,588 square feet of vacant tenant space within the center. Proposed Uses The Applicant is also proposing to change the current mix of uses allowed on the site. The change in uses includes the conversion of 4,690 square feet of existing professional office and 1,874 square feet of retail I restaurant square footage to medical office square footage. Table 2 indicates the existing and proposed uses on the site. Because office uses generally experience peak demands during the day, increasing the amount of office square footage will help balance the parking demands on the site. Because the office tenant spaces are generally located on the second floor of the center, there will be more of an incentive for both employees and patrons of the offices to park in the parking garage and make use of the connecting walkway on the third parking level. As a result, it is likely the utilization of the parking garage will increase. As previously discussed, the Applicant currently maintains 29,588 square feet of vacant space within the shopping center. Adopting the proposed shared parking study will allow these tenant spaces to be leased. Table 2. Existing and Proposed Uses I ._ ~-- EXISTING USES PROPOSED USES Use Square Footage Use Square Footage Neighborhood 26,000 Neighborhood 26,000 Commercial Commercial Retail, Restaurants 232,353* Retail, Restaurants 230,479* Cinema 68,087 Cinema 68,087 Professional/R&D Office 17,132 21,032 Professional Office I 12,442 22,906 Medical Office 3,900 Medical Office 10,464 Total 347,472 347,472 *Includes outdoor seatmg square footage Methodology The Applicant is proposing to adopt a shared parking study. The City's parking regulations evaluate uses on an individual basis. The required parking for each use is calculated separately and then added together. Shared parking studies, on the other hand, analyze parking demands on a collective basis. The uses within a project are evaluated as a whole instead of individually, taking into consideration the complementary nature in which certain Meeting Date: September 13, 2012 Resolution 81, 2012 Page 5 of9 uses operate. This method of analysis allows the times of highest parking demand for each use to be taken into consideration. For example, an office use tends to generate more vehicle trips during the day; whereas, a restaurant generates more trips in the evening hours. Therefore, these two (2) uses could utilize the same parking spaces and have minimal overlap. Currently, the parking requirements for the site are calculated based on the cumulative parking requirements set forth in City Code Section 78-345. A shared parking study is an option available to the Applicant per Section 78-346 of the City's Code. This Code section establishes the manner in which all shared parking studies are to be calculated. Because DT AG is an active existing site, actual parking demand was able to be observed and taken into consideration. The Applicant has provided an alternative methodology to the methodology set forth in the City's Code. The City's traffic engineer and staff are in agreement with the alternative methodology. A waiver is being requested from Section 78- 346, which establishes the shared parking study methodology (see Waiver section). The Applicant's methodology utilizes a combination of existing field data and the parking regulations contained in the City's Code to determine the total number of parking spaces required on the site. First, the number of parking spaces needed to meet the demand of the existing uses within the center was determined. This total was found by counting the parking spaces being occupied on site during the observed period. The observed period was conducted during season in the month of December 2011. This number is referred to as the "baseline." Because the data collected represents actual parking demand observed on site, the baseline data was increased by 10%. This 10% factor provides a buffer for parking turnover, allows for minor fluctuations in demand I occupancy, and helps ensure that some parking spaces are available in at least a few different areas within the overall parking field to provide for efficient site operations. The baseline demand was developed by collecting actual parking data on a Friday evening between the hours of 4:00 p.m. and 9:30 p.m., which was the day I time when parking demand on the site was the greatest. The number of occupied parking spaces were counted and recorded in 30-minute intervals during the specified hours. Next, the requirement for the vacant tenant spaces was calculated using the City's parking code requirements. This number was then added to the baseline figure to determine the total parking demand for the site. Findings The observed time period that contained the greatest number of vehicles on the site was from 7:00 p.m. -8:00 p.m. The highest volume of vehicles recorded during this time period was 1,842 (see attached Traffic Analysis). Please note that both legally and illegally parked cars were included in this total. Adding the 10% buffer brought the baseline parking total to 2,026 parking spaces. Therefore, the minimum parking supply needed to accommodate the existing tenants on the site resulted in 2,026 required parking spaces. In addition to the occupied space, there was 54,087 square feet of vacant space within the center, which included the 29,588 square feet of space the Applicant has withheld from leasing due to parking restrictions based on the existing Code (see DTAG Rent Ro/11212111). Meeting Date: September 13, 2012 Resolution 81, 2012 Page 6 of9 This square footage was designated by the Applicant as medical office, retail, and restaurant square footage (see Table 3 below). The vacant space was parked according to the City's Code, which resulted in 313 required parking spaces. Therefore, the total parking demand for the site resulted in 2,339 spaces (2,026 + 313). A total of 2,375 parking spaces exist on the site. Based on this, the study demonstrated the site contains a sufficient number of parking spaces to meet the demand of the proposed mix of uses. Table 3. Parking Table - FUTURE OCCUPANCY OF VACANT AREA: ·-· Medical Office 10464 SF 1 space/200 Sf 52 spaces Retail 36184 SF 1 space/200 Sf 181 spaces Restaurant 7439 Sf 1 space/93. 7S SF 80 spaces Total Vacant Space 54,087 SF TOTAL 313 spaces Parking for Existing Uses 2,026 spaces Parking for Vacant Space 313 spaces ··---··--.... -. --. - ·TOTAL . 2,339 spaces i Existing Spaces on Site 2,375 spaces - Surplus 36 spaces ---· -·· ---. Mitigation Plan As part of the shared parking study, a Mitigation Plan has been developed by the Applicant and staff to ensure proper implementation of the proposed study and overall parking operation on the site. The Mitigation Plan consists of the following elements, each of which are outlined in detail below and are included as conditions of approval. • The Applicant is required to monitor the parking demand on the site for a period of five (5) years. This requires the Applicant to submit a shared parking study each year, which will need to be reviewed and approved by the City. The first parking study must be submitted one (1) year from the date the subject petition is approved by the City Council. The submitted study is conducted based on the same methodology as the subject study. • Should the study ever show that more parking spaces are needed than are existing on the site, an option available to the Applicant is to assess the unoccupied square footage within the shopping center. The Applicant will have the ability to demonstrate that the additional parking spaces needed by the parking study can be mitigated by holding back "dark space" from leasing. This is similar to how the shopping center operates today. If this option is chosen by the Applicant, the City would not issue any building permits or Certificates of Occupancy for areas determined to be unavailable for leasing. • The Applicant is also required to provide surety for additional parking spaces within the time frames set forth in the conditions of approval. The surety is based on the costs of Meeting Date: September 13, 2012 Resolution 81,2012 Page 7 of9 the on-site project improvements, including public infrastructure, landscaping, and irrigation proposed to accommodate 96 additional parking spaces on the site. The 96 additional parking spaces will allow the site to be in compliance with the City's parking regulations for mixed-use shopping centers. Conditions of approval have been included to ensure the surety is provided within 30 days from the date the cost estimates are approved by the City. The cost estimates are required to be submitted to the City within 15 days from the date the subject petition is approved. The surety is based on an actual plan provided by the Applicant. The Applicant has submitted a site plan, landscape plan, and elevations depicting a proposed location for the 96 additional parking spaces. The plans submitted by the Applicant reflect a three- (3) story expansion to the south east corner of the existing parking garage, which is located on the north end of the center. Currently there are four (4) floors in the garage. The garage expansion would provide a net increase of 96 parking spaces, which provides for the total number of parking spaces required for the shopping center by City Code if a shared parking study was not utilized. It should be noted the parking distribution on the subject site is highly concentrated on the north end. Although it would be ideal to locate the additional new parking spaces on the south end, lease agreements restrict additional parking options in this area. In the event parking is needed through the construction of the additional spaces, staff will have the opportunity to review the situation at that time with the Applicant as part of the required report provided by the Applicant. • The last aspect of the Mitigation Plan relates to the site's valet operations. The valet operations occurring on site require a number of parking spaces to be blocked off and unavailable for self-parking patrons. There are no limitations today as to the number of spaces that can be utilized as part of the valet operations. Currently, the Applicant utilizes approximately 36 parking spaces at the southwest corner of the site, 42 parking spaces on the west side, and 232 parking spaces within the first floor of the parking garage for valet parking. While the City does not have development regulations specific to valet operations, staff recognizes that the location and function of the valet greatly affects the site. In this specific case, staff has the most concern with the amount of valet spaces consumed at the south end of the property, as this is the most utilized parking area. A condition of approval has been included capping the number of valet parking spaces within the south end of the plaza to 36 spaces. An exhibit has been included to delineate the boundary of the south parking area (see attached exhibit). The Applicant has the flexibility of locating the 36 valet spaces in various areas within the south parking area. The valet areas used outside of the southern parking lot will continue to be established by the valet operator. The 36-space restriction is only applicable to the southern parking area. Site Plan Changes Meeting Date: September 13,2012 Resolution 81 , 2012 Page 8 of9 The site plan submitted with the subject petition is related to the component of the Mitigation Plan for the garage expansion (see attached Site Plan). The plan reflects a net addition of 96 parking spaces, which is the number of additional spaces required for the site to meet the parking requirements of the City Code (see DTAG Rent Roll 1212111). No other site modifications are proposed with this request. Landscaping The landscape plan submitted with the subject petition is related to the component of the Mitigation Plan for the garage expansion. The plan reflects foundation plantings around the garage expansion area consistent with the existing plant materials and design (see attached Landscape Plan). Architecture The elevations submitted with the subject petition are related to the component of the Mitigation Plan for the garage expansion. The elevations for the expansion area are identical to that of the existing garage in terms of color, materials, and style. The existing parking garage is four (4) floors; however, the expansion area is proposed to be three (3) floors (see attached Elevations). Lighting As part of the subject request, the Applicant is also requesting to amend two (2) conditions of approval, No. 41 and 49, in Resolution 120, 2005. Both conditions require metal halide lighting within the parking lots, pedestrian walkways, and the parking garage. As technology has changed, there are now more efficient lighting sources available, which the Applicant would like to install. The following are the proposed changes to the existing condition (new language is underlined). 41. All lighting for parking lots and pedestrian walkways shall be metal halide, L.E.D .. or equivalent. as approved by the Police Department. (Police) 49. The lighting design for the two (2) parking structures shall incorporate both vertical and horizontal luminance; provide lighting into the edges of parking stalls and over parked vehicles; provide vandalism resistant lighting fixtures; provide metal halide, L.E.D., or equivalent. as approved by the Police Department; provide lighting fixtures positioned to minimize glare; and provide lighting fixtures around the exterior of both structures. (Police) Waiver Requests The Applicant has requested one (1) waiver. Table 4. Waiver Request Code Section Requirement Proposal Waiver Staff Support 1 78-346(a)(4), Amount of parking to be Adopt a specific Adopt a specific Approval Shared Parking provided based on Code criteria methodology methodology Meeting Date: September 13, 2012 Resolution 81,2012 Page 9 of9 1) The Applicant has requested a waiver from Section 78-346(a)(4), Shared Parking, to allow the use of a shared parking methodology that differs from the calculations listed in the City's Code. Because the subject site is fully developed and established, more accurate data is able to be obtained than would normc;llly be available for an unbuilt project. The methodology proposed by the Applicant incorporates actual field data and City Code requirements to establish the total number of parking spaces the DT AG site demands (see Methodology section). The proposed methodology is a more accurate representation of the actual demand on the site than the City's Code criteria would provide. Staff supports the requested waiver. Staff Analysis The Applicant is proposing a shared parking study for the DTAG site and is also proposing to modify conditions of approval related to lighting. The shared parking study will allow the Applicant to increase the amount of medical office square footage on the site and utilize currently vacant square footage within the center. The shared parking study demonstrates that the proposed mix of uses demands 2,339 parking spaces. The site currently contains 2,375 parking spaces. It should be noted that although surplus parking spaces exist, no additional square footage is permitted based on the excess parking provided in the study. Based on this study, the site contains a sufficient number of parking spaces to meet the demand of the proposed mix of uses. Because professional and medical office uses generally experience peak demands during the day, the more office uses located on the site, the more the vehicular traffic on the site will be balanced between daytime and nighttime activities. Future increases in office uses for the site will provide further balance among the uses on site. Additionally, the location of the offices on the second floor of the center will provide more incentive for employees and patrons of the offices to park in the parking garage utilizing the connecting walkway, thereby increasing the amount of surface parking available. Staff supports the request for a shared parking study to be adopted for DTAG based on the Code allowance for shared parking and the proposed methodology. The Applicant has submitted development plans reflecting an expansion to the southeast corner of the existing parking garage located on the north end of the center. This plan includes a net increase of 96 parking spaces to the site. The parking distribution on the subject site is highly concentrated on the north end. However, due to internal lease agreements, the Applicant is not currently able to provide any additional spaces, if triggered, on the south end. A condition of approval has been included requiring a mitigation plan to be submitted by the Applicant within 30 days of a failed parking study, at which point different parking options may be available. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On July 10, 2012, the PZAB recommended approval of the subject petition to the City Council by a vote of 6-0. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 81,2012 as presented. ' I , CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division ;jPLfl -1 I-0 g · (JOOO Z ~ Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: 0Planned Community Development (PCD) 0Planned Unit Development (PUD) [ll.Amendment to PCD, PUD or Site Plan 0Conditional Use BAmendment to the Comprehensive Plan Administrative Approval 0Administrative Appeal Project Name: Downtown at the Gardens Owner: Downtown at the Gardens Associates Ltd OA.nnexation []Rezoning OSite Plan Review []concurrency Certificate Ofime Extension L]Miscellaneous [])ther· Date Su-bm-itte_d_: -o-aO(f--r-8--1-1 ---- Applicant(ifnotOwner):...:O...:.:w..:.:n.:.::er ___________________ _ Applicant's Address: 5410 Edson Ln Suite 220 Telephone No. 301-816-1555 Agent: Kevin Berman I Donaldson Hearing of Cotleur & Hearing Inc. Contact Person: Kevin Berman E-Mail: kberman@bermanenterprises.cor ------------ Agent's Mailing Address: 11701 Lake Victoria Gardens Ave, Suite 2203, Palm Beach Gardens, FL 33· Agent's Telephone Number: _3_01_-_52_0_-3_9_00-'------------------- FOR OFFICE USE ONLY Petition Number: ------Date & Time Received: _____ _ Fees Received Application$--------Engineering $~---------­ Receipt Number:-------- ··~ h. N/A Arc ttect: ______________________________ _ E . Chris Heggen, Kimley Horn ngmeer: ______________________________ _ PI Don Hearing/Aiessandria Kalfin , Cotleur and Hearing anner: _________________________________ __ L d h . N/A an scape Arc ttect:. ____________________________ _ Site Information: Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. 1 L . Downtown at the Gardens Genera ocat10n: -------------------------------- 11701 Lake Victoria Gardens Ave. Palm Beach Gardens, FL 33410 Address: _____________________________________ _ S . 06 h' 42 ect10n: ------------Towns 1p: -------- 43 Range:-------- c IN b ) 52-43-42-06-14-001-0000 Property ontro um er(s :----------------------------- 48.76 • PCD R d . PCD Acreage: _____ Current Zonmg: ________ _.. equeste Zomng: -------- Flood Zone ________ Base Flood Elevation (BFE) to be indicated on site plan. ___ _ • • • Professional Office (PO) Current Comprehensive Plan Land Use DestgnatiOn: _______________ _ . . d U Shopping Center d L d EXIstmg Lan se: ________ _.Requeste an Shopping Center • • • Office/Medical Proposed Use(s) I.e. hotel, single family residence, etc.: _____ _ · d S F b 40,000 SF OfficeJMedical Propose quare ootage y Use:------------------------ Proposed Number and Type of Dwelling Unit( s) i.e. single family, multifamily, etc. (if applicable): N/A Justification 2 Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations} 1 E I . th f h The applicant is requesting an amendment to the . xp am e nature o t e request: ------------------- site plan to allow additional office/medical use for weekday, day time use only. The applicant is requesting an amendment to the approved site plan and Resolution 58-2009 to provide for the use of shared parking on a limited basis between office/medical and theater use. 2. What will be the impact of the proposed change on the surrounding area? All office/medical use will be used during business hours when the center and the theater are not active. These uses will be located at the north end of the center where users of the theater typically park in the evening and on weekends. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. The proposal of additional office/medical use is consistent with the future land use element of the comprehensive plan because it encourages a mix of uses with synergies that reduce parking and traffic needs within the center. 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? 3 Not applicable. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 261, Land Development Regulations)? Not applicable. 6. Has project received concurrency certification? Yes Date received: 2003 ---------------------------------------- Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately 0 mile(s) from the intersection of ___ _ -------------------,on the[JnorthJv'bastOouthGest side of _A_It_e_rn_a_t_e_A_1 A ____ (street/road). Statement of Ownership and Designation of Authorized Agent Before me, the undersigned authority, personally appeared _K_e_v_in __ B_e_r_m_a_n _________ who, being by me first duly sworn, on oath deposed and says: 4 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. Th h I h . tin. PCD Amendment at e s e IS reques g -----------------~· City of Palm Beach Gardens, Florida. 3. That he/she has appointed Cotleur & Hearing, Inc. as authorized agent on his/her behalf to accomplish the above project. N~ 0 : Downtown at the Gardens Associates Ltd "~~ f:&v,/; /J.-r/>1,.4 lj,O Signature of Own~ By: Name/Title / 5410 Edson Ln Suite 220 Street Address P.O. Box 301-816-1555 Telephone Number kberman@bermanenterprises.com E-mail Address Sworn and subscribed before me this My Commission expires: 3/J-3/J'f Rockville, MD 20852 City, State, Zip Code City, State, Zip Code 301-816-1556 Fax Number {.;L -lb. day of 1\-v f1 u-> t-d-oll ~ :.,J?vt+ttl}tt-t'v-f u~L 5 Notary Public NOTARY PUBLiC-STATE OF FLORIDA <t~··"····· .. Bertha Susana Parsons i ~Commission #DD973856 l Expires: AfAR. 23, 2014 BONDED THRO ATLA.'.TlC BO!-o"DC\G CO., INC. the to act Applicant's Certification I!We affirm and certify that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. IIWE further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further, I/we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Bea d~nd are not returnable. Applicant is: / ~ [{Pwner ~ptionee Gessee 0Agent Qontract ~chaser Signature of Applicant Kevin Berman Print Name of Applicant 5410 EDSON LN STE 220 Street Address ROCKVILLE MD 20852 3195 City, State, Zip Code 301-816-1555 Telephone Number 301-816-1556 Fax Number kberman@bermanenterprises.com E-Mail Address 6 Palm Beach Gardens Growth Management Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 Permit# __________________________________ __ Financial Responsibility Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further undel'stands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Growth Management Department if the name and/or address of the responsible party changes at anytime d~.licat~.vi pro:cess. ~ ~.2/// Kevin Bennan 52-43-42-06-14-001-0000 Owner printed name Property Control Number DESIGNEE/BILL TO: Downtown at the Gardens Assodates l TO 5410 EDSON LN STE 220 ~~ Designee Acceptance Signature ROCKVILLE, MD 20852 3195 NOTARY ACKNOWLEDGEMENT STATE OF '£ (c rtdc.... COUNTY OF I hereby certify that the foregoing instrument was acknowledged before me this }d. day of fs:vfjvs.:t ,20Jl,by \<1:.Vlt1 Q.t:v-Y\1'\Q('} . Heorsheispersonallyknown to me or has produced . as identification. 3.~~ Notary public sign ture J3 · S V.$.q V'A... fcc vsorp Printed name State of _____ at-large NOTARY pt;BLIC.STATE OF FLORIDA ~···'"'••,, Bertha Susana Parsons ~ ..:~ Co~mission # DD973856 ~~ •• ,.,,, •• •• Expires: MAR. 23,2014 BONDED mRU ATLA.\11C BOl'<1llNG CO., lNC. My Commission expires: Cotleur& . . Hearing Landscape Architects I Land Planners I Environmental Consultants 1934Commercelane · Suite1 · Jupiter,Fiorida • 33458 · Ph561.747.6336 · Fax561.747.1377 • www.cotleurhearing.com • Uc#LC-C000239 Downtown at the Gardens Major Site Plan Amendment Office/Medical Office Use Introduction On behalf of Downtown at the Gardens, we would like to request a site plan amendment to modify the amount of office/medical office space permitted. Downtown at the Gardens was first approved in 2003 as a commercial mixed-use project comprising of retail, office, research and development office, theater, and neighborhood commercial uses. Although the site has an underlying Professional Office future land use designation, the project is strongly retail oriented. The applicant is proposing to introduce additional office use to the site by taking advantage of the times in the day in which the theater use in the center is dormant by using an alternate shared parking analysis by waiver. Specific Requests and Fees Major Site Plan Amendment legal Review Escrow Engineering Escrow TOTAL Project Team PROPERTY OWNER/ APPLICANT Downtown at the Gardens Associates, lTD 5410 Edson lane, Suite 220 Rockville, MD 20852 (321) 816-1555 Contact: Kevin Berman $2,475.00 $1,000.00 $1,000.00 $4,475.00 AGENT/ PLANNER/ LANDSCAPE ARCH. Cotleur & Hearing, Inc. 1934 Commerce lane, S. 1 Jupiter, Fl 33458 (561) 747-6336 X 128 Contact: Donaldson Hearing/ Alessandria Kalfin TRAFFIC ENGINEER Kimley Horn & Associates Inc. 1920 Wekiva Way, Suite 200 West Palm Beach, Fl33411 (561) 845-0665 Contact: Chris Heggen, P.E. Downtown at the Gardens CH 00-1003.03 Major Site Plan Amendment Office Use Statement of Use August 17, 2011 Revised October 4, 2011 Revised June 21, 2012 Request The applicant is requesting an amendment to the approved site plan and Resolution 58-2009 to provide for the use of shared parking. Specifically the applicant is requesting the ability to utilize shared parking between office I medical office use and the 3,020 seat Cobb Theater and other uses by waiver. The applicant is proposing a waiver to the shared parking code section 78-346. The waiver is to allow an alternative methodology to the shared parking analysis. The original approval (Resolution 212 -2003} for Downtown at the Gardens (Downtown) utilized shared parking for the entire site. Resolution 58-2009 eliminated the use of shared parking for Downtown and utilized the code (shopping center) parking rates required by LDR Section 78-345 Table-33 for the entire project. Based on the current tenancy and existing build-out spaces for Downtown approximate 29,588 SF of leasable space remains "dark" (not leased) and cannot be occupied due to the requirement to maintain a parking ratio that meets the city code and as approved by Resolution 58-2009. The applicant believes that a daytime use would provide a great synergy for the center as the 1,007 spaces allocated to the theater are substantially under utilized during the day. The applicant is requesting approval to allow up 40,000 SF of office I medical office (including 12,442 SF existing office space) to share parking with the theater and other uses. Utilizing the medical office parking rate of 1 space per 200 SF the office use would share 200 spaces or just less than 20% of the parking allocated to the theater. The applicant would propose to aggregate the office use in the north end of Downtown and/or on the second floor. This area is proximate to the parking garage and the grade parking that is most frequently utilized by theater patrons. It is anticipated that most office users will utilize the parking garage which offers both cover parking and a cover pedestrian access to the second floor. This area is indicated on the site plan included herein. The office uses will function on weekdays between 8 AM and 5 PM, which is opposite to the peak theater use period of 7 PM to 9PM. It is anticipated that there will be limited office use during the weekend. The office uses would have a positive effect for the remainder of the users at Downtown by providing much desired day time traffic which will take advantage of the restaurant and retail establishments that are typically very slow during these hours. LDR Section 78-346 -Shared parking allows the city council to approve the use of shared parking to reduce the overall parking requirements. The basis for approval of an application to establish shared parking must include the following factors: 1. Complementary uses As discussed above office use and theater use have complementary, rather than competing peak hours. Additionally the shear size of the 3,020 seat theater provided a significant buffer of over 300 parking spaces. 2. Shared Parking Study 2 Downtown at the Gardens CH 00-1003.03 Major Site Plan Amendment-Office Use Statement of Use August 17, 2011 Revised October 4, 2011 Revised June 21, 2012 Kimley Horn & Associates has been retained to provide a shared parking study; a copy of which is enclosed herein. Existing field data was used as the baseline for measuring the parking demand for the current uses on site, as agreed upon with the City's consultant. Data was collected on a Friday evening in December, a peak time for the center. More detail regarding the collection can be found in the parking study. Additionally the applicant has also obtajned ticket sales data from Cobb Theater which substantiates the extreme difference in theater demand between daytime and evening use as well as between weekday and weekend use. A series of aerial photographic exhibits have also been provided which graphically depicts the availability of parking at the north end of the city during the daytime period. 3. Development Order The development order for establishing shared parking must include the following provisions: (a) Means tore address in the event of future changes or problems The applicant has provided plans for the expansion of the existing northeast parking garage. The garage would be expanded by 96 parking spaces, the number of parking spaces required for the site to be in full compliance with the City's Parking Code "without" shared parking. It should be noted that the only vacant tenant space available in the center is in the north side of the center. These 96 parking spaces, if needed, are located proximate to the future tenants in this space. (b) Legal description A legal description of the affected parking areas will be provided as a condition of the Development Order. c) Provide for a term of at least 5 years The development order will include conditions of approval providing the means to demonstrate the adequacy of parking for at least 5 years. (d) Site Plan A site plan has been provided herein demonstrating a total of 2,376 parking spaces provided on the site. Additionally the approved site plan for Downtown has been amended to delineate the areas of parking affected by the proposed shared parking. Over 500 parking spaces have been delineated on this plan for the office use in addition to the 900+ parking spaces in the parking garage that go mostly unused during weekday daytime hours. This parking area delineation is based on the historic aerials included herein. Notes have been included to identify the hours of use associated with the office use. As stated above office uses will be from 8 AM to 5:30 PM and included limitations for use by the outside public after hours. (e) Assure the availability of parking Based on the shared parking analysis conducted a total of 2,339 parking spaces are required to fulfill the proposed uses. An additional buffer of 36 spaces has been provided between the required and provided number of parking spaces. Additionally the intent of this amendment is to provide for office and daytime uses during which the availability of parking has been well 3 Downtown at the Gardens CH 00-1003.03 Major Site Plan Amendment-Office Use Statement of Use August 17, 2011 Revised October 4, 2011 Revised June 21, 2012 documented. Based on our daytime evaluation of the theater use along provides a buffer in excess of 300 spaces. (f) Determination of amount of parking The applicant's proposal for sharing spaces between the theater, office and other uses is substantially consistent with the requirements of table 34 of LOR Section 78-346. Additionally the site is over parked based on the data collected by the shared parking study. Waiver Criteria (1)The request is consistent with the city's comprehensive plan. The subject waiver is consistent with the citys comprehensive plan. The underlying land use for the property is Professional Office. The applicant is proposing a waiver to use an alternate shared parking analysis in order for additional office space to be implemented on the site. The proposal also suggests the use of unused parking areas during daytime hours which is consistent with the mixed use policies of the City, although this is not a mixed use project. (2) The request is consistent with the purpose and intent of this section. The proposed request is consistent with the PUD requirements within the code. The office, movie theater, retail and restaurant uses are permitted uses within the zoning district. The sharing of the parking between the uses are consistent with the intent of the shared parking regulations of the code. (3) The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. The proposed waiver is for an existing project within the City that has been previously approved with waivers and has met the requirements for architecture significance, pedestrian amenities, and has since provided a sense of place within the City. The proposed waiver will allow for an increase in employment opportunities within the City by adding more professional/medical office use to the site. Although the vehicle trips will increase overall, they will occur during the daytime hour when the center is normally dormant. The majority of the trips are in the evenings and on weekends due to the predominant retail and restaurant uses within the site. (4) The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. 4 Downtown at the Gardens CH 00-1003.03 Major Site Plan Amendment-Office Use Statement of Use August 17, 2011 Revised October 4, 2011 Revised June 21, 2012 The center already exceeds many requirements for PUDs as it exists today including additional landscape, pedestrian connectivity, and amenities. However the proposed waiver will result in a project that further meets the intent of a PUD; the sharing of the parking between the office, theater and other use will encourage a more efficient and creative development of the property. (5) The request for one or more waivers results from innovative design in which other minimum standards are exceeded. The proposed waiver will allow the use of existing "dark" space within the project at a time of day which does not conflict with the other uses on the site. It is highly innovative to present an efficient use program such as this where existing leasable space will not be wasted. If this office space is not presented to the market a need will eventually present itself and a developer will need to build new office space when space already exists within the city. (6) The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. As discussed in criteria number five, using existing space for new office use will prevent the need for other lands in the city to be developed for office space, therefore preserving these undeveloped lands within the city. (7) The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. The subject request and waiver will allow the use of existing buildings within the city that provide for many benefits to the city such as desirable architecture, building and site design techniques. This includes the urban environment in which Downtown was built allowing for future office employees to have so many services at their finger tips. As an example, they can walk downstairs for lunch or meet their partner for a movie after work. If this office space was built on another parcel of land that is not a PUD these benefits would not exist for the future office employees. At Downtown these benefits have already been provided. (B) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. 5 --------------------------------------------------- Downtown at the Gardens CH 00-1003.03 Major Site Plan Amendment-Office Use Statement of Use August 17, 2011 Revised October 4, 2011 Revised June 21, 2012 The uses exist on the site today and all buffering and screening required has previously been provided. (9) The request is not based solely or predominantly on economic reasons. The request is not solely based on economic reasons. The office component in Downtown will also revive the center from 8 am to 5 pm when the center is least busy. It is difficult to create a sense of place in an urban setting when people are not around. The influx of the office employees will generate a new environment for Downtown during the weekday, daytime period where people will feel that they are part of a place and not at an empty shopping center. (10} The request will be compatible with existing and potential land uses adjacent to the development site. The uses have been previously approved and are completely consistent with the existing and potential land uses adjacent to the site. (11) The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. The proposed waiver will not be injurious to the area or detrimental to the public health, safety, or welfare. The applicant is proposing to share parking between two uses that are not operating at the same times of day. The sharing of this parking will protect the safety of the individuals at the center during the day because the parking lots and garage will not be standing empty and unused. There will be activity at all times of the day and there will be continuous "eyes on the street". Conclusion Downtown at the Gardens is requesting a site plan amendment to provide for the use of shared parking between office I medical office use and the theater and other uses by waiver. The applicant is proposing to reintroduce the office component to the site by taking advantage of the times in the day in which the center is dormant. It is during these times of the day that an office use becomes quite active. The applicant hopes to revamp the center during the weekday, daytime hours so that the businesses within the center have a better chance to succeed. 6 Location Map Downtown at the Gardens -~------------------------------------------ Date Prepared: September 6, 2005 1 RESOLUTION 120,2005 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE 6 SITE PLAN APPROVAL FOR DOWNTOWN AT THE GARDENS 7 LOCATED WITHIN THE REGIONAL CENTER DRI/PCD, AS DESCRIBED 8 MORE PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS 9 OF APPROVAL; TO DEFER SOME ELEMENTS OF THE LAKE 10 IMPROVEMENT PLAN, REMOVING THE CHILDREN'S GARDEN; 11 MODIFYING THE HARDSCAPE AND LANDSCAPE TO COINCIDE WITH 12 THE NEWLY-APPROVED ARCHITECTURAL THEME; REMOVING THE 13 VIDEO WALL SIGN; ADDING A RIGHT -OUT EXIT POINT ONTO 14 GARDENS PARKWAY; ADDING UNUSED REMAINING DRI 15 ENTITLEMENTS OF 1,032 SQUARE FEET OF OFFICE SPACE TO THE 16 SUBJECT SITE; PROVIDING FOR WAIVERS; PROVIDING FOR 17 CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 18 19 20 WHEREAS, the City Council, as the governing body of the City of Palm Beach 21 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, 22 and the City's Land Development Regulations, is authorized and empowered to consider 23 petitions related to zoning and land development orders; and 24 25 WHEREAS, the City received petition SP-05-05 from Cotleur Hearing, agent for Menin 26 Development, for an amendment to the site plan approval for the Downtown at the Gardens 27 project on the approximately 35-acre site located within the Regional Center Development of 28 Regional Impact (DRI) and Planned Community Development {PCD), as more particularly 29 described herein, to modify certain conditions of approval; modifying the Lake Improvement 30 Plan by deferring the installation of the bridge and raised stage to November 10, 2006; 31 removing the children's garden; modifying the hardscape and landscape to coincide with the 32 newly-approved architectural theme; removing the approved video wall sign; adding a right- 33 out exit point onto Gardens Parkway from the second garage floor to be approved 34 administratively by staff; adding unused remaining DRI entitlements of 1 ,032 square feet of 35 office space to the project; and to include a request for five (5) additional waivers; and 36 37 WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay with 38 an underlying zoning of Commercial and Office; and 39 40 WHEREAS, the subject site is part of the Regional Center DRI approved by 41 Resolution 9, 1984, as amended most recently by Resolution 105, 2004; and 42 43 WHEREAS, the Site Plan Amendment petition was reviewed by the Planning, Zoning, 44 and Appeals Board on August 23, 2005, which recommended its approval by a vote of 4-3; 45 and 46 47 48 Date Prepared: September 6, 2005 Resolution 120, 2005 1 WHEREAS, the City Council has considered the evidence and testimony presented by 2 the Applicant and other interested parties and the recommendations of the various City of 3 Palm Beach Gardens' review agencies and staff; and 4 5 WHEREAS, the City Council has determined that adoption of this Resolution is in the 6 best interest of the citizens and residents of the City of Palm Beach Gardens. 7 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 10 PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The Site Plan Amendment petition of Cotleur Hearing, agent for Menin 13 Development, is hereby APPROVED for the Downtown at the Gardens project on the 14 approximately 35-acre site located .within the Regional Center Development of Regional 15 Impact (DRI) and Planned Community Development (PCD), as more particularly described 16 herein, to modify certain conditions of approval; modifying the Lake Improvement Plan by 17 deferring the installation of the bridge and raised stage to November 10, 2006; removing the 18 children's garden; modifying the hardscape and landscape to coincide with the newly- 19 approved architectural theme; removing the approved video wall sign; adding a right-out exit 20 point onto Gardens Parkway to be approved administratively by staff; and adding unused 21 remaining DRI entitlements of 1,032 square feet of office space to the project, all as subject 22 to the conditions of approval contained herein, which are in addition to the general 23 requirements otherwise provided by ordinance: 24 25 LEGAL DESCRIPTION: 26 27 ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA 28 GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, 29 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 30 31 Land-Use: 32 33 1. Retail use other than quality or specialty restaurant use shall be a part of a 34 multiple I mixed use building(s) linked by pedestrian plazas, per Exhibit C of 35 Resolution 81, 2001 of the Development Order of the Regional Center DRI. 36 (Planning & Zoning) 37 38 2. Discount department stores as defined by the City's Land Development 39 Regulations shall be prohibited on the subject site, unless approved by the City 40 Council, per Exhibit C of Resolution 81 , 2001 of the Development Order of the 41 Regional Center DRI. (Planning & Zoning) 42 3. Freestanding fast food restaurants and freestanding pharmacies/ drugstores 43 shall be prohibited, per Exhibit C of Resolution 81, 2001 of the Development 44 Order of the Regional Center DR I. (Planning & Zoning) 45 46 4. A building permit for the multi-screen theater, no less than 55,000 square feet 47 and no less than 2,600 seats, shall be included within the first 100,000 square 48 feet to be built by the Applicant. No more than one building permit shall be 2 ----------------~-------------------------------------------------, Date Prepared: September 6, 2005 Resolution 120, 2005 1 issued for the entire project prior to issuance of a building permit for said theater. 2 Said theater shall be diligently constructed, without owner delay, until completion, 3 per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional 4 Center DRI. (Planning & Zoning, Building) 5 6 5. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 7 comply with Section 78-262 of the City Code dealing with Art in Public Places. 8 The Applicant shall provide art on site· or make a payment in lieu of art. The Art 9 in Public Places Committee shall review and make a recommendation to the City 10 Council on any proposed art on site. (Planning & Zoning) 11 12 €h Tho park improvements (referred to as tho lake plan) referenced heroin and 13 attached hoFeto as Exhibit "C" shall commence prior to or simultaneously 'Nith the 14 first building permit for vertical construction to be built and diligently constructed 15 without delay until complete, per Exhibit C and Resolution 81, 2001 of tho 16 Development Order of tho Regional center DRI. (Planning and Zoning) 17 18 §7. The applicant of the subject development shall have the sole responsibility of 19 implementing and installing tho lake improvement plan as reflected in Exhibit "C" 20 ef this Resolution on the Lake Area Site Plan. dated September 9, 2005. and 21 prepared by Cotleur Hearing, attached hereto. Prior to the issuance of the first 22 Certificate of Occupancy, tRe that portion of the lake improvement plan adjacent 23 to Downtown at the Gardens development and for which said development is 24 responsible, as shown on the Lake Area Site Plan. shall be fully completed, and 25 all elements of said portion of the plan shall be installed, as approved by tho City 26 Council. The pedestrian bridge and the performance stage on the west side of 27 the lake shall be completed no later than November 10. 2006. by the owner of 28 Downtown at the Gardens. The remaining two areas of the lake improvement 29 plan east of Lake Victoria as reflected on the Lake Area Site Plan shall be 30 completed no later November 10, 2006, unless prior to that date the owner 31 transfers the responsibility for the improvements to the respective property 32 owners with frontage on Lake Victoria. In this event. the timing of the installation 33 of the respective portions of the plan shall be specified in the development orders 34 or amendments thereto for the respective two properties. Any major modification 35 to any element of the lake improvement plan must be approved by the City 36 Council. (Planning & Zoning) 37 38 I8. Prior to the issuance of the first Certificate of Occupancy, the Applicant of the 39 subject development shall obtain and provide the City with an agreement 40 between the Applicant and the owners of Parcels 27.09 and 27.13 regarding the 41 cost sharing for the implementation and installation of the lake plan. (Planning & 42 Zoning) 43 44 §9. The Property Owners Association of the DRI shall be responsible for the 45 maintenance of all the park improvements and all elements of the lake plan. 46 (Planning & Zoning) 47 48 3 Date Prepared: September 6, 2005 Resolution 120, 2005 1 ~W. Uses shall be limited to the list attached hereto as Exhibit "E." The Applicant 2 must receive approval by the City Council for any use that is indicated as a 3 conditional use, prior to the issuance of a building permit for those tenant 4 improvements. (Planning & Zoning) · 5 6 10-+:t-. Within sixty (60) days of the effective date of this Resolution, the Applicant will 7 submit an "Operating Agreement" in a form acceptable to the City Attorney 8 between the City and the Applicant, establi~hing the management and use of the 9 Lake Park, including the plaza areas located east of Victoria Gardens Drive. The 10 Operating Agreement will define such items as allowable uses, programming of 11 events, public access, enforcement, and maintenance and will include provisions 12 for review and modification. The Operating Agreement must be approved by the 13 City Council prior to the issuance of the first building permit. (Planning & Zoning, 14 City Attorney) 15 16 .1.142. Prior to the issuance of any development permits, the Applicant shall obtain all 17 necessary approvals and permits from NPBCID to facilitate the redevelopment of 18 the lake tract (Park), including the necessary transfer of properties to the City of 19 Palm Beach Gardens as contemplated by the site plan. (Planning & Zoning, City 20 Engineer, City Attorney) 21 22 1243. A total of seven (7) mobile site amenity I sales kiosks shall be permitted for the 23 project. A maximum of three (3) of the seven (7) amenity I sales kiosks may be 24 utilized within the lakefront plaza area of the project, on site only. All mobile site 25 amenity I sales kiosks shall remain out of view from Alternate A1A at all times. 26 (Planning & Zoning) 27 28 1344. The Applicant shall ensure that the video sign located within the courtyard of 29 the site is not visible from any public right-of-way, parking lots, or residential 30 district, per Section 78-289 of the City Code. (Planning & Zoning) 31 32 144.§. The on-street parking within the Victoria Gardens Avenue right-of-way shall be 33 free of charge and must not be assigned to any specific tenant on site. (Planning 34 & Zoning) 35 36 1549. The proposed awnings shall be of solid color and striped awnings shall not be 37 permitted within the subject site. (Planning & Zoning) 38 39 164-7. If shopping carts are to be used on site, shopping carts corrals shall be 40 provided by the Applicant and shall be screened from view by means of a wall 41 and substantial landscaping. The corrals shall be constructed of solid walls and 42 of materials compatible with the primary structures approved on site. (Planning & 43 Zoning) 44 45 1748. Shopping carts shall not be allowed to accumulate in any outside area, and 46 shall be removed from cart corrals in a timely manner and relocated to storage 47 areas inside building structures. (Planning & Zoning) 48 4 Date Prepared: September 6, 2005 Resolution 120, 2005 1 1849. Within thirty (30) days of the effective date of this Resolution and subject to 2 Planning and Zoning staff's approval, the Applicant shall provide revised floor 3 and site plans to the City reflecting at least two and separate public restroom 4 areas on the first floor of the subject site. (Planning & Zoning) 5 6 Energy Conservation: 7 8 1920. Prior to construction plan approval, potable water conservation devices shall 9 be incorporated into project buildings, per Condition 12 of the Development 10 Order of the Regional Center DR I. (City Engineer) 11 12 20~. Prior to construction plan approval, energy conservation measures identified 13 in the Application for Development Approval (ADA) shall be implemented, per 14 Condition 24 of the Development Order of the Regional Center DRI. (City 15 Engineer) 16 17 21~. Prior to construction plan approval, the subject project shall comply with the 18 energy plan established by the Property Owners Association Architectural 19 Review Board for the Regional Center DRI, per Condition 25 of the 20 Development Order of the Regional Center DR I. (City Engineer) 21 22 22~. Prior to the issuance of the first certificate of occupancy, the Applicant shall 23 demonstrate that a full line of energy-efficient appliances and equipment will 24 be used in all buildings on site, per Condition 27 of the Development Order of 25 the Regional Center DRI. (City Engineer) 26 27 Landscaping and Environment: 28 29 23~. Prior to the issuance of a clearing permit, the Applicant shall coordinate an 30 on-site meeting with the City Forester to confirm that existing and proposed 31 landscaping, as reflected on the proposed landscape plan, effectively screens 32 all parking areas from Alternate A1A, while remaining in compliance with 33 CPTED principles incorporating view corridors for security purposes. (City 34 Forester) 35 36 242a. Prior to any land alteration, all Gopher tortoises shall be relocated from the 37 subject site to an acceptable alternate site approved by the City Forester. 38 (City Forester) 39 40 2~. The Applicant shall, in a cooperative effort, work together with the Police 41 Department to implement, to the maximum extent possible, the CPTED 42 recommendations contained in the CPTED report prepared by Paul Urschalitz 43 and stamp dated by the City December 9, 2002. (Police Department) 44 45 Engineering: 46 47 262-7-. Prior to the issuance of the first building permit, the Applicant shall submit a 48 Master Pavement Marking and Signage Plan meeting the requirements of the 49 City Engineer. (City Engineer) 5 Date Prepared: September 6, 2005 Resolution 120, 2005 1 2728. Prior to the issuance of the first building permit, the Applicant shall provide a 2 letter of authorization from the appropriate utility owners allowing the Applicant 3 to pave, landscape, and place stormwater management features, buildings, 4 etc., within their respective utility easements. (City Engineer) 5 6 2829. Prior to the issuance of the first building permit, the Applicant shall identify 7 handicap ramps on the plans at all applicable locations. The Applicant shall 8 provide ramp detail(s) meeting ADA and FOOT standards and identify the curb 9 ramp number from FOOT Index 304. (City Engineer) 10 11 29~. The Applicant shall maintain a minimum vertical height clearance of 13' 6" for 12 the covered drop-off areas and the entry arches to facilitate emergency vehicle 13 access. (Fire Department) 14 15 30J4. Prior to the issuance of the first Certificate of Occupancy, Victoria Gardens 16 Boulevard from Gardens Parkway to Kyoto Gardens Drive shall be completed 17 and accepted by the City. Construction of said roadway shall commence prior 18 to or simultaneously with the first building permit for vertical construction to be 19 built and diligently constructed without delay until complete, per Exhibit C of 20 Resolution 81, 2001 of the Development Order of the Regional Center the 21 DRI. (Planning & Zoning, City Engineer) 22 23 31~. Prior to the issuance of the first building permit, all surface water 24 management system elements consistent with the Unit 19 Conceptual Permit 25 Modification issued by SFWMD shall be substantially completed in accordance 26 with the construction-phasing plan and accepted by the City. The Applicant 27 shall provide a phasing plan, construction plan, and supporting calculations for 28 review and approval by the City, NPBCID, and SFWMD that certifies all 29 phases of the surface water management system construction shall be 30 equivalent to the Unit 19 Conceptual Permit. (City Engineer) 31 32 32Jd. Prior to issuance of the first building permit, the Applicant shall submit to the 33 City for review and approval a boundary re-plat and record said plat in the 34 public records of Palm Beach County. (City Engineer) 35 36 33a4. The Applicant shall submit, at its cost, an annual parking study to determine 37 actual parking demand at the site. The observed demand will be compared to 38 the actual supply to determine if the provided parking supply is adequate to 39 accommodate existing demand, plus expected demand generated by the uses 40 that have not yet been issued certificates of occupancy. This calculation will 41 include an appropriate buffer between parking supply and demand as 42 recommended by either the Institute of Transportation Engineers, Urban Land 43 Institute, or other recognized published traffic engineering organizations or 44 resources. The first annual parking study must be submitted when Certificates 45 of Occupancy for 80% of the project's approved square footage have been 46 issued. The parking study will be performed on an annual basis for a period of 47 five (5) years. Said study shall be performed by an independent professional 48 traffic engineer mutually selected by the Applicant and City staff. The precise 6 Date Prepared: September 6, 2005 Resolution 120, 2005 1 methodology shall be agreed upon by both the Applicant and the City staff at 2 the time the study is initiated. At a minimum, the study is to be performed 3 during the peak season and during the peak operating hours on a Thursday, 4 Friday, and Saturday (with the exception of the Christmas and Thanksgiving 5 holidays), or as determined by the Growth Management Director. (City 6 Engineer) 7 8 3435. Should the parking study conclude that the available on-site parking is 90% 9 or more occupied, then the Applicant shall provide a permanent (perpetual) 10 solution to increase parking supply for the project that can include the 11 construction of a second parking garage as shown on the alternate site plan 12 referenced herein and attached hereto as Exhibit "D", or other viable 13 alternative means as approved by City Council. When the on-site parking is 14 determined to be 90% or more occupied, the shared parking study provided by 15 the Applicant shall be considered null and void, and the Applicant shall 16 construct the required parking based on the number of spaces recommended 17 by the above-referenced parking study, or as otherwise determined by the City 18 Council. (City Engineer) 19 20 35~. Prior to the issuance of any Certificate of Occupancy, the Applicant shall 21 transfer to the City any surety for completed public improvements and post 22 additional surety as necessary to secure 110% of the cost of construction of 23 the second parking garage located on the west side of the entrance off of 24 Gardens Parkway Boulevard. The City shall not release any surety posted by 25 the Applicant for public improvements and the additional surety to be paid by 26 the Applicant after completion of said improvements for a period of five (5) 27 years from the date the subject development receives a Certificate of 28 Occupancy of 80% of the approved square footage for the subject site. 29 (Planning & Zoning) 30 31 36a7. Construction of the second parking garage located on the west side of the 32 entrance off of Gardens Parkway Boulevard, or provision of additional parking 33 spaces by a permanent (perpetual) alternative means for the project as 34 defined in Conditions 34 and 35, shall be completed within one (1) year of the 35 determination that the on-site parking is 90% occupied. (City Engineer) 36 37 3768. If the second parking garage is not completed as determined by the issuance 38 of the certificate of completion within one year of the determination that the on- 39 site parking is 90% occupied, then no additional Certificates of Occupancy or 40 tenant occupational licenses shall be issued until said parking garage is 41 completed. (Planning & Zoning, City Engineer) 42 43 38a9. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 44 construct all of the required improvements referenced in the traffic analysis for 45 the project prepared by Kimley-Horn & Associates, Inc., dated May 2003. (City 46 Engineer) 47 48 49 7 Date Prepared: September 6, 2005 Resolution 120, 2005 1 3940. The Applicant shall grant to the City a temporary construction easement 20 2 feet wider than the proposed footprint of the parking garage located on the 3 west side of the entrance off of Gardens Parkway Boulevard, complete with 4 access to a public roadway, as reflected on the "Alternate Site Plan," Exhibit 5 "D," attached hereto. Said easement shall be conveyed to the City by a 6 separate instrument within thirty (30) days from the date the City Council 7 approves the additional parking spaces as determined in Conditions 34 and 35 8 above. 9 10 Police: 11 12 4044. Lighting locations shall not conflict with landscaping, including long-term tree 13 canopy growth. (Police) 14 15 41~. All lighting for parking lots and pedestrian walkways shall be metal halide. 16 (Police) 17 18 4243. Non-glare building lighting shall be installed around perimeter on all sides and 19 on pedestrian walkways. (Police) 20 21 4344. All entry signage shall be lighted. (Police) 22 23 444&. The Applicant shall provide timer clock or photocell lighting for nighttime use 24 above or near entryways and all exits, including emergency exits. (Police) 25 26 4549. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 27 provide to the City details of the commercial numbering system for emergency 28 response purposes in an 8 %"X 11" map format. (Police) 29 30 4647. Numerical addresses shall be illuminated for nighttime visibility and not 31 obstructed, have bi-directional visibility from roadways, be unobstructed, and be 32 placed at front and rear of business. (Police) 33 34 4748. All ATMs on site shall comply with Section 655.960-965, Florida Statutes, 35 relating to ATMs. (Police) 36 37 4849. All structures shall be target-harden to include buildings pre-wired for an alarm 38 system; doors equipped with a metal plate over the threshold of the locking 39 mechanism; rear doors have 180-degree peephole viewers; and perimeter doors 40 equipped with hinges that utilize non-removable hinge pins. (Police) 41 42 496Q. The lighting design for the two (2) parking structures shall incorporate both 43 vertical and horizontal luminance; provide lighting into the edges of parking stalls 44 and over parked vehicles; provide vandalism resistant lighting fixtures; provide 45 metal halide; provide lighting fixtures positioned to minimize glare; and provide 46 lighting fixtures around the exterior of both structures. (Police) 47 48 50&4. All stairwells serving the parking garage shall have open metal handrails and 49 steps. (Police) 8 -----------------------------------------------------------------------------. Date Prepared: September 6, 2005 Resolution 120,2005 1 5162. All elevators shall be equipped with emergency two-way communication. 2 (Police) 3 4 52a3. Elevators shall not be equipped with stop buttons. (Police} 5 6 53§4. The Applicant shall work with the Police Department to develop a highM 7 resolution digital closed-circuit security system with recording and photo 8 processing picture or video printout capabilities. The system shall be designed to 9 include a minimum of twelve (12) digital cameras, with the ability to be expanded 10 if warranted by mutual agreement between the Applicant and the Police 11 Department. FortyMfive (45) days following the opening of the theater, the 12 Applicant will conduct an on-site meeting with the Police Department for the 13 purpose of confirming the most effective camera locations. The system shall be 14 installed and fully operation within four {4) months of the opening of the theater. 15 (Police) 16 17 54§&. Prior to the issuance of first Certificate of Occupancy, convex mirrors shall be 18 installed in all stairwell and elevator areas. (Police). 19 20 55. At the discretion of the Growth Management Administrator and with the approval 21 of the City Engineer, a Certificate of Occupancy for Building K. also referred to as 22 "Whole Foods." may be issued in advance of completing all Site and Lake Area 23 Site Plan improvements required by this Development Order. (Planning & 24 Zoning) 25 26 56. Per Section 78-324 of the City's Land Development Regulations, within six (6} 27 months from the effective date of this Resolution. the Applicant shall install all 28 landscaping associated with the center island medians and road shoulder on 29 Alternate A1A from Gardens Boulevard to Kyoto Gardens Drive, based on the 30 approved FDOT PGA Flyover Plans. The Applicant may be granted a three (3) 31 month extension by the Growth Management Administrator. provided the 32 Applicant has demonstrated progress in the completion of the landscaping. 33 (Planning & Zoning) 34 35 57. Simultaneously with the installation of the Alternate A 1 A roadway landscaping, 36 the Applicant shall remove the existing sidewalk and install the meandering 37 sidewalk adjacent to Alternate A1A from Gardens Boulevard to the site 38 ingress/egress off of Alternate A1A. (Planning & Zoning) 39 40 58. Prior to the issuance of the first Certificate of Occupancy. the Applicant shall 41 install all buffers along A1A. Gardens Boulevard, and Kyoto Gardens Drive. and 42 the west side of the Lake Area Site Plan. (Planning & Zoning) 43 44 59. The Applicant shall copy to the City all permit applications. permits, certifications, 45 and approvals. (City Engineer) 46 47 60. The construction, operation. and/or maintenance of any elements of the subject 48 project shall not have any negative impacts on the existing drainage of 49 surrounding areas. If. at any time during the project development it is determined 9 ------------------------------------ Date Prepared: September 6, 2005 Resolution 120, 2005 1 by the City that any of the surrounding areas are experiencing negative drainage 2 impacts caused by the project. it shall be the Applicant's responsibility to cure 3 said impacts prior to additional construction activities in a period of time and a 4 manner acceptable to the City. (City Engineer) 5 6 61. The Applicant shall comply with all Federal Environmental Protection Agency 7 (EPA) and State of Florida Department of Environmental Protection NPDES 8 permit requirements. including. but not limited to. preparation of a stormwater 9 pollution prevention plan and identification of appropriate Best Management 10 Practices. as generally accepted by the EPA and/or local regulatory agencies. for 11 construction activities: submission of a Notice of Intent to EPA or its designee: 12 implementation of the approved plans; inspection. and maintenance of controls 13 during construction: and submission of a Notice of Termination. (City Engineer) 14 15 16 17 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 18 approves the following waivers: 19 20 1. Section 78-344(1)(1 )a, Standard Space, to allow for a 9.5-foot parking stall width 21 for the two (2) parking garages and the parking area in the south central location 22 of the site along Kyoto Gardens Drive and all surface parking areas on site. 23 24 2. Section 78-153, Maximum Building Height, to allow for a height of 45 feet for two 25 (2) story buildings, 62 feet for the theater building, and 75 feet for the arch 26 feature. 27 28 3. Section 78-344(e), Wheel Stops, to allow for head-to-head parking spaces by 29 eliminating the wheel stops. 30 31 4. Section 78-319(a)(1), Landscape Buffer Width, to allow a zero (0) foot buffer 32 along Victoria Gardens Drive. 33 34 5. Section 78-320(a)(4), Foundation Planting, to allow no foundation planting by 35 entrances and service areas. 36 37 6. Section 78-153, Street Side Setbacks, to allow for a zero (0) foot setback 38 adjacent to Victoria Gardens Drive. 39 40 7. Section 78-14 7, Outdoor Sales, to allow for up to seven (7) kiosks on site. 41 42 8. Section 78-285, Permitted Signs, to allow for six (6) tenant signs for Building A, 43 one (1) tenant sign for Building I; one (1) tenant sign for Building M1; one (1) 44 tenant sign for Building M2; afiG four (4) project logo signs"'; one (1) additional 45 tenant sign on the north elevation for Building K: two (2) additional signs on the 46 bridge between Buildings A and B/C (facing north and south); three (3) additional 47 signs on Building B/C (two (2) facing northeast and one (1) facing south); two (2) 48 additional signs on Building D/E (facing north and southeast); two (2) additional 10 Date Prepared: September 6, 2005 Resolution 120,2005 1 signs on Building G/H (facing east and south); and one (1) additional sign on 2 Building 1/J (facing north) .. 3 4 9. Section 78-341, Intent, to allow for on-street parking along Victoria Gardens 5 Drive. 6 7 10. A waiver from Section 78-285 of the City's Land Development Regulations to 8 permit seven (7) additional project identification signs located at four (4) different 9 buildings within the project, as depicted in the Master Signage Plan. 10 11 11. A waiver from Section 78-285 .of the City's Land Development Regulations to 12 permit letter heights of ~ 66 inches for one ( 1) principal tenant sign for the 13 theater on the west elevation of the project-: and 42 inches for two (2) principal 14 tenant signs on the bridge connecting to the theatre building. 15 16 12. A waiver from Section 78-315(b) of the City's Land Development Regulations to 17 permit more than nine (9) parking spaces between landscape islands in areas 18 along Alternate A-1-A. ·19 20 13. A waiver from Section 78-313(e) of the City's Land Development Regulations to 21 permit less than 100% screening for service court areas from public view. 22 23 14. A waiver from Section 78-319(b)(4) of the City's Land Development Regulations 24 to permit the project's landscape type to be less than the required threshold of 25 75% of the City's preferred plant list. 26 27 SECTION 3. This site plan amendment approval shall be in compliance with the 28 following plans on file with the City's Growth Management Department: 29 30 1. Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, revised March 10, 31 ~ September 1, 2005, Sheet 1. 32 33 2. Master Plan, by Cotleur Hearing, Sheet 3 (revised May 22, 2003 September 12. 34 2005), Sheet 4 (revised April 14, 2003 September 12, 2005), and Sheet 5 35 (re•1ised May 22, 2003 September 12. 2005). 36 37 3. Lake Area Site Plan, by Cotleur Hearing, revised May 22, 2003 July 6. 2005, 38 Sheet§ 6 and 6.1. 39 40 4. Site Details, by Cotleur Hearing, revised January 28, 2003, September 12, 2005, 41 Sheet 7. 42 43 5. Hardscape Plan, Courtyard Enlargement, by Cotleur Hearing, revised April 14, 44 ~September 12.2005, Sheets 14 and 15. 45 46 6. 4-st Floor Plan, 2R4 Floor Plan, Floor Plans, Exterior Elevations, MISC. Exterior 47 Details, 1st Floor Plan, East Parking Garage, West Parking Garage, by OG&P, 48 Sheets A 1.1 A 6.1, and PG 1 and PG 2, revised No\(ember 15, 2002 (A 1.1 49 A 6.1) and March 10, 2003 (PG 1 and PG 2). 11 Date Prepared: September 6, 2005 Resolution 120, 2005 1 Second Level Floor Plan Bldgs. B/C and D/E Sheets A.2.B.2. and A2.D2 .. Floor 2 Plan Bldgs. G/H and 1/J by JPRA Architects dated December 20. 2004. Exterior 3 Elevations by JPRA Architects. Sheets A.5A.1. A5.BDG.1. and A5.HIKL.1 (3 4 Pages) dated February 11. 2005. 5 6 7. Photometric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC, dated 7 April10, 2003 October 31. 2004. 8 9 8. Site Amenities, by CommArts, Inc., dated November 15,2002, Sheets 1-9. 10 11 9. Master Sign Plan, by CommArts, Inc. JPRA Architects, dated November 15, 2002 12 Juno 01, 2005, Sheets 1-~4-7. 13 14 10. Master Plan, "Alt. Plan Includes West Garage, by Cotleur Hearing, revised May 15 22, 2003. 16 11. Downtown at the Gardens, Cover Sheet and site and landscape plans, by Cotleur 17 Hearing, Sheets 1 -15, revised October 23, 2003 September 12. 2005. 18 19 12. A Mixed Use Development Downtown at the Gardens, Perspective Views, 20 Architectural Drawings, Building Signage Program, and East Garage, by OGS&P, 21 Sheets A1.1, A2.1, A-3.1, A-4.1 -A-4.4, A-5.1, A-6.1, and PG-1, dated 22 September 29, 2003. 23 24 13. Landscape Plan. by Cotleur Hearing, revised September 12. 2005, Sheets 8 and 25 9. 26 27 14. Landscape Plan. Courtyard Enlargements, by Cotleur Hearing. revised 28 September 12. 2005, Sheets 10 and 11. 29 30 15. Lake Area Landscape Plan. by Cotleur Hearing, revised September 12. 2005. 31 Sheet 12. 32 33 16. Landscape Details. by Cotleur Hearing, revised September 12. 2005. Sheet 13. 34 35 SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby 36 repealed to the extent of such conflict. All provisions of Resolution 91, 2003 not expressly 37 modified herein shall remain in full force and effect. 38 39 SECTION 5. This Resolution shall become effective immediately upon adoption. 40 41 42 (The remainder of this page left intentionally blank) 43 44 45 46 47 48 12 -------------------------------------. ·- Date Prepared: September 6, 2005 Resolution 120, 2005 1 PASSED AN[) ADOPTED this ~tptt day of J'etn·,.,~ett , 2005. '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 49 ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY c.. /.~ BY: ~f:UR./ ~ ·z~ Chrrstine P. Tatum, City Attorney VOTE: AYE NAY MAYOR RUSSO ,/ VICE MAYOR JAB LIN / COUNCILMEMBER LEVY / COUNCILMEMBERVALECHE / COUNCILMEMBER BARNETT ./ ABSENT \\Pbgsfile\Attomey\attomey_share\RESOLUTIONS\downtown at the gardens-reso 120 2005.doc 13 _J 1 RESOLUTION 58, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR 6 DOWNTOWN AT THE GARDENS LOCATED WITHIN THE 7 REGIONAL CENTER DRI/PCD, AS DESCRIBED MORE 8 PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS OF 9 APPROVAL; TO REPLACE THE MOST CURRENT SHARED 10 PARKING ANALYSIS WITH PARKING REGULATIONS FROM CITY 11 CODE; TO REVISE THE LAKE AREA STAGE PLAN; TO PROVIDE 12 A SERVICE AREA SCREENING PLAN; PROVIDING CONDITIONS 13 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR 14 OTHER PURPOSES. 15 16 17 WHEREAS, the City Council, as the governing body of the City of Palm Beach 18 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 19 Statutes, and the City's Land Development Regulations, is authorized and empowered 20 to consider petitions related to zoning and land development orders; and 21 22 WHEREAS, the City received petition SPLA-07-08-000007 from Downtown at 23 the Gardens Associates, LTD., for an amendment to the site plan approval for the 24 Downtown at the Gardens project on the approximately 35-acre site located within the 25 Regional Center Development of Regional Impact (DRI) and Planned Community 26 Development (PCD), as more particularly described herein, to replace the most current 27 shared parking analysis with parking regulations from City code; to revise the lake area 28 stage plan; and provide a service area screening plan; and 29 30 WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay 31 with an underlying zoning of Commercial and Office; and 32 33 WHEREAS, the subject site is part of the Regional Center DRI approved by 34 Resolution 9, 1984, as amended; and 35 36 WHEREAS, the Downtown at the Gardens project was first approved by City 37 Council on June 5, 2003, by Resolution 91, 2003, which designated the mix and· 38 amount of allowable uses and provided for a number of development waivers and 39 conditions; and 40 41 WHEREAS, Resolution 93, 2003 was approved concurrently to amend the DRI 42 allowing the new mix of uses for Downtown at the Gardens and revising the conversion 43 matrix to include an equivalency provision; and 44 45 WHEREAS, on May 15, 2003 City Council adopted Resolution 92, 2003, which 46 approved the lake tract improvement site plan for the lake/park area within the DRI; and Resolution 58, 2009 1 WHEREAS, on December 18, 2003, City Council approved Resolution 212, 2 2003 to modify the Downtown at the Gardens site plan by deleting an unaccounted 3 11 ,000 square feet, reduce the number of theater seats to 3, 130, and increase the 4 regional retail square footage by 1,473 square feet; and 5 6 WHEREAS, on September 29, 2005, Resolution 120, 2005 approved an 7 amendment to the Downtown at the Gardens site plan and lake improvement plan of 8 the DRI by modifying certain conditions of approval, deferring some elements of the 9 lake improvement plan, adding unused remaining DRI entitlements of 1,032 square feet 10 of office space to the subject site, and providing for other modifications and waivers, 11 including a waiver to the screening requirement for the service areas from public view; 12 and 13 14 WHEREAS, on January 10, 2005, an administrative approval revised the number 15 of cinema seats to 3,020 and reallocated 1 ,800 square feet of space between two 16 proposed buildings (M1 and M2); and 17 18 WHEREAS, on June 21, 2007, Resolution 66, 2007 approved an agreement 19 between Downtown at the Gardens Associates, LTD., and the City related to the 20 Applicant's violation of the project's Development Order, Resolution 120, 2005, in 21 regard to parking requirements at Downtown at the Gardens, and provided a term sheet 22 to the agreement outlining temporary relief to the parking issues while the Applicant 23 developed a long-range solution; and 24 25 WHEREAS, the subject site is in violation of the Development Order 26 requirements as provided in the term sheet of Resolution 66, 2007, specifically 27 regarding required parking and the expiration of the $5.4 million surety bond for the 28 construction of such parking; and 29 30 WHEREAS, Downtown at the> Gardens Associates, LTD., has completed 31 construction of 240-space expansion to the existing parking garage, a 50-space surface 32 parking lot, and other temporary parking arrangements; and 33 34 WHEREAS, the proposed site plan amendment would provide adequate parking 35 for the revised mix of uses as required by City code, would correct other outstanding 36 issues which remain outstanding as set forth in Resolution 66, 2007, and would 37 eliminate the need for the parking bond; and 38 39 WHEREAS, the Site Plan Amendment petition was reviewed by the Planning, 40 Zoning, and Appeals Board on June 9, 2009, which recommended its approval by a 41 vote of 7 -0; and 42 43 WHEREAS, the City Council has considered the evidence and testimony 44 presented by the Applicant and other interested parties and the recommendations of 45 the various City of Palm Beach Gardens' review agencies and staff; and 46 2 Resolution 58, 2009 1 2 WHEREAS, the City Council has deemed approval of this Resolution to be in the 3 best interest of the citizens and residents of the City of Palm Beach Gardens. 4 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 7 OF PALM BEACH GARDENS, FLORIDA that: 8 9 SECTION 1. The Site Plan Amendment petition (SPI..A-07 -08-000007) from 10 Downtown at the Gardens Associates, LTD., is hereby APPROVED for the Downtown at 11 the Gardens project, located on a 35-acre site, more or less, within the Regional Center 12 Development of Regional Impact (DRI) and Planned Community Development (PCD), 13 as more particularly described herein, in order to modify certain conditions of approval; 14 to reallocate the mix of uses allowed within the PCD in order to satisfy City required 15 parking regulations; to revise the lake area stage plan; and provide a service area 16 screening plan, subject to the conditions of approval contained herein, which are in 17 addition to the general requirements otherwise provided by ordinance: 18 19 LEGAL DESCRIPTION: 20 21 ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.14, AND LAKE 22 VICTORIA GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 23 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 24 25 Planning and Zoning 26 27 1. Permits and occupational licenses for the Downtown at the Gardens site 28 shall be limited to a total of 271 ,050 square feet of mixed use shopping 29 center use, including up to 70,000 square feet of restaurant, and a total of 30 3,032 cinema seats (68,087 square feet), or the equivalent thereof, based 31 on parking and traffic equivalencies. 32 33 2. Prior to the issuance of each occupational license or building permit for 34 interior renovations of tenant spaces, the Downtown at the Gardens 35 Associates, L TO., its successors, assigns, or agent shall submit a 36 breakdown by use (retail, office, and restaurant) of the gross square 37 footage for lease for approval by the Growth Management Department with 38 the required parking allocations. 39 40 3. No service shall be extended to outdoor seating areas that are not included 41 as part of the restaurant allocation plan. Outdoor seating for restaurant 42 service shall be included in the total square footage for the restaurant. 43 44 4. The 50-space temporary parking lot near the parking garage, directly east 45 of building M, shall remain as permanent spaces unless an approved site 46 plan amendment modifies the requirement. 3 Resolution 58, 2009 1 5. The temporary parking on the Gosman property shall no longer be required 2 upon City Council approval of this Resolution. In no case shall this parking 3 be used by Downtown at the Gardens beyond June 21, 2010, without 4 further approval by City Council. 5 6 6. The Applicant, successors, or assigns shall have the option of building a 7 second parking garage on site in order to remove the limitations on square 8 footage allocations for specific uses. Landscaping and photometric plans 9 for the west parking garage shall be submitted to Growth Management for 1 0 review and approval. If the parking garage is proposed in a different 11 location or is not consistent with the approved master plan and elevations, 12 City Council approval shall be required for the square footage allocation, 13 site plan, elevations, landscaping, photometries, and all other land 14 development regulations that apply during the site plan review process for 15 the second garage prior to construction. 16 17 7. Prior to issuance of permits for the parking garage, the applicant, 18 successors, or assigns shall be required to bond the parking garage 19 improvements. Permits for new tenants that require the parking garage to 20 satisfy the City's parking requirements shall be permitted once the garage is 21 deemed 75 percent complete by the Building Official. No occupational 22 licenses for new tenants shall be permitted prior to issuance of certificate of 23 completion or final acceptance of the garage improvements. 24 25 8. Downtown at the Gardens Associates, LTD., its successors, or assigns 26 shall complete installation of four (4) gates for service areas ("K", "H", "E", & 27 "1/J") within the following timeframes: 28 29 • Service area "K" installed by March 31, 2010. 30 • Service areas "H," "E," & "1/J" installed by September 30, 2010. 31 32 9. Within 30 days of City Council approval, Downtown at the Gardens 33 Associates, LTD., its successors, or assigns shall provide a cost estimate 34 for the cost of materials and installation of all service area gates, for review 35 and approval by the City in order to establish surety. The cost estimate 36 shall be signed and sealed by a professional registered in the State of 37 Florida. Surety will be based on 11 0% of the total combined approved cost 38 estimates and shall be posted with the City within 45 days of receipt of the 39 City's approval of the estimate. 40 41 10. Service area gates shall be opaque and of a color and material compatible 42 with the building fa~de, as shown on the Typical Courtyard Screen 43 rendering attached. 44 45 46 47 4 Resolution 58, 2009 1 11. A master lake park area plan shall be submitted prior to June 30, 2010, for 2 review and approval by City Council. The improvements proposed in this 3 plan, either a stage or other substitute improvements as agreed upon by the 4 City, will be completed by. November 30, 2010. 5 6 12. Within 30 days of City Council approval, Downtown at the Gardens 7 Associates, LTD., its successors, or assigns shall provide a cost estimate 8 for a stage or other substitute improvements as agreed upon by the City, 9 including all landscaping and irrigation costs for review and approval by the 10 City in order to establish surety. The cost estimate shall be signed and 11 sealed by a professional registered in the State of Florida. Surety will be 12 based on 110% of the total combined approved cost estimates and shall be 13 posted with the City within 45 days of receipt of the City's approval of the 14 estimate. 15 16 Building 17 18 13. The stage terrace shall not be elevated more than 30 inches above grade 19 without a safety railing. 20 21 14. A safety railing on the lake retaining wall shall be installed by October 16, 22 2009. A building permit shall be required. 23 24 Code Enforcement 25 26 15. The lake side exterior wall face shall be regularly maintained in a manner to 27 present a clean and neat visual appearance. 28 29 16. Service area gates shall remain closed at all times, except when trucks are 30 in the process of loading or unloading. 31 32 17. Gates shall be installed so as not to block crosswalks while open, except for 33 the gate for service area "K," which shall only block the crosswalk while the 34 truck is picking up or dropping off the compactor. 35 36 SECTION 2. This amendment to the Downtown at the Gardens Site Plan is 37 hereby approved subject to strict compliance with the Exhibits attached hereto and 38 made a part hereof, as follows: 39 40 1. Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, March 13, 41 2009, Sheet 1 of 4. 42 43 2. Downtown at the Gardens, Site Plan, by Cotleur Hearing, March 13, 2009, 44 Sheets 2 and 3 of 4. 45 46 5 Resolution 58, 2009 1 3. Downtown at the Gardens, Site Details, by Cotleur Hearing, March 13, 2 2009, Sheet 4 of 4. 3 4 4. Downtown at the Gardens, Master Plan -Alt. Plan Includes West Garage, 5 by Cotleur Hearing, revised May 22, 2003, Sheet 3 of 15. 6 7 5. Downtown at the Gardens, East Parking Garage and West Parking Garage, 8 Sheets PG-1 & PG-2, by Oliver, Glidden, Spina, & Partners, March 10, 9 2003. 10 11 6. Typical Courtyard Screen rendering. 12 13 7. Plans for Service Areas "E," "H," "K," and "1/J," by Glidden, Spina, and 14 Partners. 15 16 8. Downtown at the Gardens, Plan of Proposed Elevated Stage/Terrace, 17 overhead sketch, and section sketch. 18 19 SECTION 3. All previous conditions of approval shall remain in full force and 20 effect except as modified hereinabove. 21 22 SECTION 4. This Resolution shall become effective immediately upon adoption. 23 24 25 (The remainder of this page intentionally left blank) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 58, 2009 PASSED AND ADOPTED this tl{fH-day of ~t!cJ {3.e? '2009. ATTEST: BY:~ PatriCia snidefiC C, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO CITY OF PALM BEACH GARDENS, FLORIDA AYE NAY ABSENT / ./ / ./ L - G:\attorney_share\RESOLUTIONS\2009\Resolution 58 2009 -downtown at the gardens site plan amendment.doc 7 Downtown at the Gardens DATG-Rent Roll12/2/11 UNADJUSTED SF Cinema 3020 seats Office-Prof & Business 12442 SF Retail 138590 SF Restaurant 74266 SF VACANT 54087 SF Total SF {excluding Cinema) 279385 SF 25% of SF excluding Cinema: 69846 FUTURE OCCUPANCY OF VACANT AREA: ·..-Medical Office Retail Restaurant TOTAL CURRENT SUPPLY: TOTAL FUTURE DEMAND: SURPLUS/( DEFICIT) 10464 SF 36184 SF 7439 SF 2375 spaces 2471 spaces (96) spaces ADJUSTED SF 208436 SF 4420 SF 1 space/3 seats 1 space/200 SF 1 space/200 SF 1 space/93. 75 SF TOTAL 1 space/200 SF 1 space/200 SF 1 space/93.75 SF TOTAL 1007 spaces 62 spaces 1042 spaces 47 spaces 0 spaces 2158 spaces 52 spaces 181 spaces 80 spaces 313 spaces 2471 spaces ~~--------~--~------------------------ 1 RESOLUTION 81, 2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO 6 THE DOWNTOWN AT THE GARDENS SITE PLAN TO APPROVE A 7 SHARED PARKING STUDY AND MODIFY CONDITIONS OF 8 APPROVAL RELATED TO LIGHTING, AS MORE PARTICULARLY 9 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; 10 PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND 11 FOR OTHER PURPOSES. 12 13 14 WHEREAS, the City Council, as the governing body of the City of Palm Beach 15 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 16 Statutes, and the City's Land Development Regulations, is authorized and empowered 17 to consider petitions related to zoning and land development orders; and 18 19 WHEREAS, the City Council adopted Ordinance 10, 1995, amending the FLU 20 designation of the Downtown at the Gardens (DTAG) parcel from Residential Medium 21 (RM) to Professional Office (PO); and 22 23 WHEREAS, the City Council adopted Resolution 91, 2003, approving the DTAG 24 site plan, which included 26,000 square feet of neighborhood commercial, 220,745 25 square feet of retail I restaurant, 67,690 square feet (up to 3,220 seats) of cinema, and 26 20,000 square feet of professional office; and 27 28 WHEREAS, the City Council adopted Resolution 212, 2003 to modify certain 29 conditions of approval, allow architectural modifications, reduce the number of theater 30 seats from 3,220 to 3,130 seats, and increase the total amount of retail square footage 31 by 1,473 square feet; and 32 33 WHEREAS, the City Council adopted Resolution 120, 2005, approving the 34 addition of 1 ,032 square feet of general office square footage to the subject site; and 35 36 WHEREAS, the City Council adopted Resolution 58, 2009 to replace the most 37 current shared parking analysis with parking regulations from City Code; and 38 39 WHEREAS, the City Council adopted Resolution 67, 2012 amending the List of 40 Permitted Uses for DTAG to include "medical or dental office"; and 41 42 WHEREAS, on July 13, 2012, an Administrative Amendment was approved to 43 allow the conversion of 3,900 square feet of general office to medical/dental office; and 44 45 46 Page 1 of 6 ~-~----------~------------------------ Resolution 81, 2012 1 WHEREAS, Downtown at the Gardens has a Professional Office (PO) future 2 land-use designation with a Planned Community Development (PCD) I Development of 3 Regional Impact (DRI) Zoning Overlay, with an approved Master Plan; and 4 5 WHEREAS, the Planning and Zoning Department has reviewed the application 6 and determined that it is sufficient and consistent with the City's Comprehensive Plan 7 and Land Development Regulations, and has recommended approval; and 8 9 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its 10 July 10, 2012, meeting and recommended approval of the subject petition (SPLA-11-08- 11 000026) by a vote of 6-0; and 12 13 WHEREAS, the City Council has considered the evidence and testimony 14 presented by the Applicant and other interested parties and the recommendations of the 15 various City of Palm Beach Gardens reviewing agencies and staff; and 16 17 WHEREAS, the City Council deems approval of this Resolution to be in the best 18 interests of the health, safety, and welfare of the residents and citizens of the City of 19 Palm Beach Gardens and the public at large. 20 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF PALM BEACH GARDENS, FLORIDA that: 24 25 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 26 27 SECTION 2. The application is hereby APPROVED for an amendment to the 28 DTAG site plan approval to adopt a shared parking study and two (2) conditions of 29 approval related to lighting, which are in addition to the general requirements otherwise 30 provided by resolution for the real property described as follows: 31 32 (See Exhibit "A" for Legal Description) 33 34 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 35 APPROVES the following waiver: 36 37 1. Section 78-346(a)(4), Shared Parking, to allow a specific methodology to be 38 adopted for the proposed shared parking study. 39 40 SECTION 4. This approval is subject to the following conditions, which shall be 41 the responsibility of and binding upon the Applicant, its successors, or assigns: 42 43 44 45 46 Page 2 of 6 Resolution 81,2012 1 Planning and Zoning 2 3 1. Within 15 calendar days from the approval date of the subject petition, the 4 Applicant shall provide a cost estimate in accordance with LOR Sections 78-309 5 and 78-461, and a cost estimate for the parking garage expansion, including public 6 infrastructure, landscaping and irrigation costs for review and approval by the City. 7 The cost estimates shall be signed and sealed by an engineer and/or a landscape 8 architect licensed in the State of Florida. (Planning & Zoning, City Engineer) 9 1 0 2. Within 30 calendar days from the date of approval from the City Engineer of the 11 cost estimate, the Applicant shall provide surety based on 110 percent of the total 12 combined approved cost estimates and shall be posted with the City. The form of 13 surety shall be as required by the City Attorney. (Planning & Zoning, City 14 Engineer) 15 16 3. Prior to the issuance of any applicable business tax receipts or building permits for 17 interior renovations of tenant spaces, whichever comes first, Downtown at the 18 Gardens Associates, LTD., its successors, or assigns shall submit to the City a 19 tenant breakdown by use of the gross square footage for lease for approval by the 20 Planning and Zoning Department. (Planning & Zoning) 21 22 4. The Applicant, successors, or assigns shall submit an annual parking study to the 23 City each year, for a period of five (5) years, with the first study being due to the 24 City between December 1 and December 31, 2013 and each December thereafter. 25 The parking study shall be based on the methodology accepted by the City set 26 forth in the current approved Parking Study and shall be reviewed and accepted 27 within 30 calendar days following receipt by the City's Traffic Engineer. (Planning 28 & Zoning) 29 30 5. If the annual parking study indicates that the existing number of parking spaces on 31 site is insufficient, as determined by the City's Traffic Engineer, the Applicant shall 32 be provided written notification of such insufficiency. Within 30 calendar days of 33 such notification the Applicant shall submit a parking mitigation plan to the City for 34 review and approval by the City. (Planning & Zoning) 35 36 6. If the Applicant's method of parking mitigation, as approved by the City, is the 37 parking garage expansion, the following conditions of approval shall apply: 38 39 a. Within 45 calendar days of the City's approval of the parking garage 40 expansion as the method of parking mitigation, the Applicant shall submit an 41 application for a building permit for construction of the garage. (Planning & 42 Zoning) 43 44 b. Construction of the parking garage expansion shall be completed within eight 45 (8) months of the issuance of the first building permit related to the subject 46 parking garage construction. (Planning & Zoning) 47 Page 3 of6 ----------------------- Resolution 81,2012 1 c. Prior to the issuance of any building permit for the parking garage expansion, 2 a lighting/photometric plan shall be submitted for review by the City. The 3 lighting/photometric plan must comply with Section 78-182 of the City's Code. 4 (Planning & Zoning) 5 6 d. Prior to construction plan approval and issuance of the first land alteration 7 permit, the Applicant shall schedule a pre-permit meeting with the Planning 8 and Zoning Department. (Planning & Zoning) 9 10 e. Prior to the issuance of the Certificate of Completion by the Building 11 Department for the parking garage expansion, digital files of the approved 12 civil design and architectural drawings, including floor plans, shall be 13 submitted to the GIS Manager. (GIS Manager, Development Compliance 14 Officer) 15 16 f. Prior to the issuance of the Certificate of Completion by the Building 17 Department for the parking garage expansion, all landscaping associated with 18 the expansion shall be installed in compliance with the approved plan and 19 inspected and accepted by the City Forester or designee. (City Forester) 20 21 7. The surplus of 36 spaces, as set forthin the current parking study, shall not be 22 permitted to be utilized by the property owner to request additional square footage 23 expansion or expansion of uses on site. (Planning & Zoning) 24 25 8. No more than 36 parking spaces shall be designated and/or utilized as valet 26 parking within the southern portion of the site as defined by the South Parking Area 27 Boundary Map attached hereto as "Exhibit B". (Planning & Zoning) 28 29 9. All gutters and downspouts for the garage expansion shall be painted to match the 30 surface to which they are attached. (Planning & Zoning) 31 32 Modified conditions from Resolution 120. 2005 33 34 10. All lighting for parking lots and pedestrian walkways shall be metal halide. L.E.D .. 35 or equivalent. as approved by the Police Department. (Police) 36 37 11. The lighting design for the two (2) parking structures shall incorporate both vertical 38 and horizontal luminance; provide lighting into the edges of parking stalls and over 39 parked vehicles; provide vandalism resistant lighting fixtures; provide metal halide~ 40 L.E.D .. or equivalent, as approved by the Police Department; provide lighting 41 fixtures positioned to minimize glare; and provide lighting fixtures around the 42 exterior of both structures. (Police) 43 44 SECTION 5. This petition is approved subject to strict compliance with the twelve 45 (12) items listed in this Section 5 and included in Composite Exhibit "B", which is 46 attached hereto and incorporated herein. Page 4 of 6 Resolution 81,2012 1 1. Shared Parking Evaluation, Pages 1 through 7, prepared by Kimley-Hom and 2 Associates, Inc., dated June 20, 2012. 3 4 2. DTAG-DRI Traffic Entitlement Summary, Pages 1 through 6, prepared by Kimley- 5 Hom and Associates, Inc., dated August 9, 2012. 6 7 3. DTAG-Site Specific Transportation Impact Study, Pages 1 through 7, prepared 8 by Kimley-Hom and Associates, Inc., dated August 23, 2012. 9 10 4. Cover Sheet, Sheet 1 of 5, prepared by Cotleur & Hearing, Inc., dated June 7, 11 2012. 12 13 5. Contingency Site Plan, Sheet 2 of 5, prepared by Cotleur & Hearing, Inc., dated 14 June 7, 2012. 15 16 6. Contingency Landscape Plan, Sheet 4 of 5, prepared by Cotleur & Hearing, Inc., 17 dated June 7, 2012. 18 19 7. Proposed Parking Garage Expansion Plan, prepared by Glidden Spina and 20 Partners, dated May 16, 2012. 21 22 8. Partial Site Plan I First Floor Plan, Sheet A-1, prepared by Glidden Spina and 23 Partners, dated May 16, 2012. 24 25 9. Second and Third Floor Plans, Sheet A-2, prepared by Glidden Spina and 26 Partners, dated May 16, 2012. 27 28 10. Proposed Parking Garage Expansion Elevations, prepared by Glidden Spina and 29 Partners, dated May 16, 2012. 30 31 11. Exterior Elevations, Sheet EL-1, prepared by Glidden Spina and Partners, dated 32 May 16, 2012. 33 34 12. South Parking Area Boundary Map, Sheet 1 of 1, prepared by Cotleur & Hearing, 35 Inc., dated August 17, 2012. 36 37 SECTION 6. This approval shall be consistent with all representations made by 38 the Applicant or the Applicant's agent at any public hearing. 39 40 SECTION 7. This Resolution shall become effective immediately upon adoption. 41 42 43 44 45 Page 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 -------------------------------- Resolution 81, 2012 PASSED AND ADOPTED this __ day of _______ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ----------~-------David Levy, Mayor ATTEST: BY: -------~~---~---Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------~-----R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 81 2012-DTAG shared parking study.doc Page 6 of 6 Resolution 81, 2012 EXHIBIT "A" LEGAL DESCRIPTION LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING A REPLAT OF REGIONAL CENTER PARCELS 27.12, 27.14, AND LAKE VICTORIA GARDENS AVENUE, AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A REPLAT OF WATER MANAGEMENT TRACT 3-B AND A PORTION OF PARCEL 27.13, REGIONAL CENTER PARCELS 27.09, 27.13, AND WATER MANAGEMENT TRACT 3-B, AS RECORDED IN PLAT BOOK 90, PAGES 199 THROUGH 201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 48.76 ACRES, MORE OR LESS. Resolution 81, 2012 COMPOSITE EXHIBIT "8" [:7" c::J v\1 Kimley-Horn ~ c::J ~ and Associates, Inc. January 5, 2012 Revised February 14, 2012 Revised June 20, 2012 Mr. Kevin Berman Downtown at the Gardens 11701 Lake Victoria Gardens Avenue Palm Beach Gardens, Florida 3341 0 Re: Downtown at the Gardens-Shared Parking Evaluation Palm Beach Gardens, Florida 040674007 Dear Kevin: Kimley-Horn and Associates, Inc. has prepared a study using existing conditions to evaluate parking requirements at Downtown at the Gardens based upon time-of-day variation in parking demand. Downtown at the Gardens is an existing mixed-use facility located on the east side of Alternate A 1 A north of Kyoto Gardens Drive and south of Gardens Parkway in Palm Beach Gardens, Florida. Currently, the parking requirements for the site are calculated based upon the cumulative parking requirements published in the City of Palm Beach Gardens' Code of Ordinances. Based upon the unadjusted cumulative code requirements for the current tenant mix, areas totaling 29,500 square feet are required to remain vacant. However, at mixed-use sites such as this, the true parking requirements for the site are lower than the cumulative code-required parking for the various uses on site because the peak parking demands occur at different times. Therefore, alternative parking evaluations can be undertaken to determine actual peak parking requirements based upon various uses having peak parking demands occurring at different times of the day. Specifically, the following analysis has been undertaken to evaluate the impact of leasing portions of the currently vacant space to uses that have their primary peak demand during the day, when the current overall parking demand on site is lower, and minimal parking demand in the evening, when the current overall parking demand is higher. Methodology and Data Collection Based upon the methodology agreed upon with the City's consultant, McMahon and Associates, it was determined that the analysis would use existing field data as the baseline for measuring the parking demand for the current uses on site. Projected demand for currently unoccupied uses c TEL 561 845 0665 FAX 561 863 8175 c Suite 200 1920 Wekiva Way West Palm Beach, Florida 33411 ........--n Kimley-Horn ........_ _, ~ and Associates, Inc. Mr. Kevin Berman, Revised June 20,2012, Page 2 would then be added to this baseline to determine total parking requirements for the entire site. The parking demand study previously conducted by McMahon Associates in March 2007 indicated that the peak observed period of demand on site occurred on Friday and Saturday evenings. Based upon the methodology discussed with the City's consultant for this analysis, it was agreed that existing data would be collected between 4:00 PM and 9:30 PM on a Friday. Therefore, existing demand data was collected on Friday, December 2, 2011 during those hours. The parking occupancy counts were conducted and recorded in 30-minute intervals during those hours and included all parked vehicles, both in designated parking spaces and those parked in areas not marked for parking (illegally parked}. Summaries of the parking counts are attached to this letter. For informational purposes, the list of tenants in operation at the site during the period of data collection is attached to this letter. Section 78-346 of the City of Palm Beach Gardens Code provides a methodology for alternate parking analyses for mixed use sites to account for the sharing of parking supply between multiple users. This analysis uses an alternate methodology agreed upon with the City's consultant. The justification for the use of this alternate methodology is that the City's Code provides for a more generic analysis in evaluating large blocks of time (e.g., weekdays from 9 AM to 4 PM). That methodology may suffice for sites prior to being built, since no existing site parking data is available in those instances. However, in this case, this site is already in existence; therefore, actual data collected every half hour provides a more accurate baseline for analysis than the theoretical projections contained in the code. Given the complex dynamics and mix of uses at this site and the fact that the site is currently in existence, the methodology described above was determined to be appropriate for this analysis. Parking Evaluation Because the data collected represents actual demand observed on site, the parking occupancy data were increased by 1 0% to represent the minimum supply that should be provided. This 10% factor provides a buffer for parking turnover, allows for minor fluctuations in demand/occupancy and helps ensure that there will be some parking spaces available in at least a few different areas within the overall parking field in order to provide for efficient site operations. Including this 10% buffer, the peak baseline parking supply needed is 2,026 parking spaces, which correlates to the demand during the 7:00 PM-8:00 PM time period observed on a Friday night. Currently, a total building area of 53,587 square feet of building area plus 500 square feet of outdoor seating area is vacant on site. Of that area, 7,439 square feet (including 500 square feet of outdoor seating area) is anticipated to be leased as restaurant use in the future. A total of 10,464 .........---" Kimley-Horn lillllll...... r ~ and Associates, Inc. Mr. Kevin Berman, Revised June 20, 2012, Page 3 square feet is anticipated to be leased as medical office use. The balance of the currently unleased space (36, 184 square feet) is anticipated to be leased for retail use. The medical office space could be increased to a maximum square footage of 27,558 square feet of medical office use through a reduction of an equivalent amount of retail square footage. It is also important to note that the square footage designated as medical office use may be occupied by a professional office tenant without the need for further analysis because the professional office use requires a lower parking supply ratio (as set forth in the City code) and is anticipated to exhibit time-of-day parking demand characteristics that are similar to that of medical office use. To determine future demand for the currently unleased square footage on site, the City of Palm Beach Gardens' code parking requirements were applied to the uses anticipated to occupy these unleased areas. The parking requirements for each use were divided into "employee" and "visitor/patron" components using the same ratios published by the Urban Land Institute (ULI) in Shared Parking, Second Edition. The hourly time- of-day variation for each use published by ULI was then applied to each use to determine the hourly time-of-day variation for the currently unleased area on site. Tables 1.0 and 1.1 provide a summary of the anticipated shared parking requirements for the site. As shown in Table 1.1, the peak total parking supply that would be required for this scenario is 2,294 parking spaces. This peak supply calculation correlated to the total anticipated demand during the 7:00 PM -8:00 PM time period on a Friday night. The total current parking supply available on site is 2,375 parking spaces. Therefore, based upon shared parking calculations, the site will contain a surplus of 81 parking spaces. Furthermore, as demonstrated in previous analysis, alternate scenarios in which the office use is reduced to a smaller baseline level, the current supply on site exceeds the minimum anticipated supply requirement by 72 parking spaces (supply provided of 2,375 spaces versus a minimum supply requirement of 2,303 spaces). The current peak parking demand on site is driven by restaurant and movie theater parking demand, which experiences peaks in the evening period. Specifically, the movie theater use experiences low demand during the weekday daytime period and then experiences a peak during the approximately 7:00PM to 9:00PM evening period. As noted, it is proposed to lease out a significant portion of the currently vacant area on site to medical office uses. This type of use experiences a peak demand during the morning and afternoon periods, when the movie theater experiences minimal parking demand. Similarly, by 7:00 PM, the medical office use experiences minimal to no parking demand while the movie theater experiences its peak demand. Therefore, the medical office use allows for an efficient use of parking spaces on this site because it adds [::7'" c:J f7\l Kimley-Horn 1:::::::... c:::J Y ~ and Associates, Inc. Mr. Kevin Bennan, Revised June 20, 2012, Page 4 to demand during off-peak times while having little to no impact during peak periods. Summary Currently, based upon cumulative application of the City of Palm Beach Gardens' code parking requirements for the various uses at Downtown at the Gardens, 29,500 square feet of building area is currently required to remain unlea~ed. However, because this site is a mixed-use facility and the different uses on site have peak parking demands that vary by time of day, it is appropriate to apply alternative analyses to evaluate time-of-day variations in demand by use in order to determine actual parking supply requirements for the site. To provide a baseline for this analysis, parking occupancy observations were conducted during a peak demand period (Friday late afternoon through evening). The parking occupancy data were then factored upwarc;f by 10% to calculate a recommended base supply. Anticipated future demand requirements were then added to this baseline to account for the supply required for all currently unleased space using an anticip~ated mix Qf uses on site, The analysis determined that the peak supply requirement is 2,294 parking spaces. The supply currently provided on site is 2,375 spaces. Therefore, the site can be fully leased within the parameters assumed in this analysis and parking requirements for the site will be met with the supply currently provided. Please contact me via phone at (561) 840-0248 or via e-mail at chris.heggen@kimley-horn.com if you have any questions regarding this evaluation. Sincerely, Attachments K:\WPB_TPT0\0406\040674007 Cotteur Hearing Misc\Downtown at the Gardens\Parl<ing-Dec 2011\2012-01-0Skb.docx ---------------------------------------- Traffic Survey Specialists, Inc. 624 Gardenia Terrace, Delray Beach, Florida 33444 Parking Accumulation Study Friday, December 2nd, 2011 Downtown At The Gardens, Palm Beach Gardens, Florida Observed By: Kevin McNally, Maxie Espinoza, Samantha Palomino, Luis Palomino, Maurice Gomez, Wayne Assam and Juan Carlos Palomino 2 2 2 2 2 2 2 2 2 2 a.. a.. a.. a.. a.. a.. a.. a.. a.. a.. 0 0 0 0 0 0 0 0 0 0 Area 0 (") 0 (") 0 (") 0 (") 0 (") "t "t tri tri cri cri r:..: r:..: cici cici South East Lot 71 86 107 111 113 115 118 118 116 116 South East Lot Motorcycles 0 0 0 0 0 0 0 1 1 1 South East On Street 32 34 36 34 34 36 35 36 33 34 North East On Street 16 18 18 18 18 17 17 18 17 18 North East Surface Lot 40 50 76 95 107 104 104 108 110 111 Garage Level 2 27 29 54 69 102 125 140 157 162 150 Garage Level 3 12 20 25 26 29 58 66 82 77 78 Garage Level 4 (Roof) 1 2 4 5 5 8 10 21 21 20 Garage Level 3 East (South) 32 37 38 35 32 46 44 55 56 51 Garage Level2 East (South) 16 21 28 32 59 53 56 55 55 53 Garage Ground Floor (Valet) 23 21 22 21 45 63 72 81 89 95 North West Surface Lot 171 190 232 260 352 440 506 537 511 466 South West Surface Lot 286 298 367 472 534 537 537 533 511 477 Dirt Valet Lot S. of Kyoto 0 0 0 0 2 18 28 40 39 40 Total 727 806 1007 1178 1432 1620 1733 1842 1798 1710 2 2 a.. a.. 0 0 0 (") (j) (j) 119 113 0 0 33 34 18 18 108 111 148 125 62 66 18 13 48 38 53 48 89 89 413 362 446 410 29 24 1584 1451 WEEKDAY (FRI 4/23/2012 23:34 TABLE 1.1 DOWNTOWN AT THE GARDENS PARKING REQUIREMENTS -BASE DEMAND+ CODE BASELINE UNLEASE Hour 887 1296 1782 2026 1978 1742 Kim ley-Horn and Associates, Inc. K:\WPB_ TPT0\0406\040674007 Cotleur Hearing Misc\Downtown at the Gardens\Parking-Feb 2012\[Shared Parking_draft-04052012.xls]Weekday Required-Baseline DOWNTOWN AT THE GARDENS -TENANT ROLL ( 12/Z/2012) Occupied Unoccupied Suite Tenant Indoor (SF) Outdoor Seating (SF) Total (SF) Suite Indoor (SF) OutdoorS. Total (SF) Cinema 68,087 68,087 1109 1,109 1,109 1201 Cobb Theatres 68,087 68,087 ' 1111 2,607 2,607 1112 1,264 1,264 Office 12,442 12,442 1113 1,229 1,229 2201 KangaRent 3,900 3,900 1115 8,668 8,668 2202 CSN Media 6,985 6,985 2102 4,916 4,916 2203 Downtown Gardens Mgmt 1,557 1,557 2104 6,939 500 7,439 3105 1,307 1,307 Restrauant 64,041 10,225 74,266 3201 5,816 5,816 1101 Too jay's Original Gourmet 6,200 6,200 5102 1,757 1,757 1106 Sloan's Ice Cream 1,415 1,415 8103 7,963 7,963 2105 Dirty Martini Grille 6,758 1,602 8,360 8202 2,014 2,014 3101 Grimaldi's 4,950 500 5,450 8204 2,634 2,634 3102 51 Supper Club 6,151 500 6,651 4103a 2,113 2,113 3103 Field of Greens 1,220 1,220 4103b 2,381 2,381 4101 Paris in Town Bistro 2,191 500 2,691 UEE 870 870 4105 Ra Sushi 4,200 750 4,950 53,587 500 54,087 4106 Yard House Restaurant 11,129 2,334 13,463 5101 Cabo Flats 7,807 900 8,707 7101 Froyotopia 975 975 8201 MJ'S Fresh 2,193 288 2,481 LL01 Cheesecake Factory 8,852 2,851 11,703 Retail 138,590 138,590 1102 Urban Outfitter 11,998 11,998 1103 LF Stores 1,738 1,738 1104 !ZOO 2,105 2,105 1105 Radiance Medspa 2,150 2,150 1107 Taylor Private Fitness 1,263 1,263 1108 Every Dog Has its Day 1,046 1,046 1116 Hilda Flack Interiors 9,017 9,017 2101 Patio World 11,243 11,243 2103 lt'Sugar 2,426 2,426 3104 Couture Optique 677 677 3106 iFixand Repair 1,449 1,449 3107 Palm Beach Tots 2,025 2,025 3108 Palm Beach Autographs 1,875 1,875 3109 Urban Home 2,191 2,191 3110 Urabn Home II 1,685 1,685 3111 Candles by Mimi Daughter 1,685 1,685 3115 A Latte Fun 6,495 6,495 4102 GoVan Gogh 1,895 1,895 4104 Swoozies 5,336 5,336 5103 Z Gallerie 9,624 9,624 6101 Whole foods market 42,592 42,592 7102 Cartoon Cuts 1,244 1,244 7104 Keola Health and Well Being 1,000 1,000 7105 Whole Pet Essentials 1,000 1,000 7106 Lola Chiq 600 600 7107 My Gift Avenue 1,000 1,000 7108 I Planet Health 600 600 7109 Wireless To Go 1,000 1,000 7110 The Magi neal Animal 997 997 7111 ZoeyWillow 707 707 7112 Styles So Chic 795 795 8104 Sur La Table 6,235 6,235 8101A Sam Jons Salon 2,897 2,897 •· [::7'" c:::J 17\1 Kim ley-Horn ~ c:::J V ~ and Associates, Inc. DOWNTOWN AT THE GARDENS - DRI TRAFFIC ENTITLEMENT SUMMARY (August 9, 2012) Downtown at the Gardens is a site located within the Regional Center DRI in Palm Beach Gardens with the following existing uses (according to categories defined in the Regional Center DRI: Neighborhood Commercial: 26,000 SF Retail: 224,018 SF Cinema: 3,020 seats (68,087 SF) Office: 20,000 SF R & D Office: 1 ,032 SF The site is fully developed with these uses divided among several individual buildings on site. The retail category of uses includes a variety of types of tenants, including a grocery store, restaurants and retail shops. However, for DRI entitlement purposes, it does not include outdoor seating area for restaurants. Similarly, the office category of uses includes both business office and medical office tenants. It is proposed to adjust the overall allocation of uses to allow an additional 1,874 square feet of use in the office category. No actual construction will occur; instead, this additional square office footage is proposed to be accomplished by occupying 1,874 square feet of existing retail space within the site. For the purpose of accounting for the DRI entitlements on site, the potential medical office use would be classified under the DRI entitlements for office use. Previously within the DRI, office use was converted to retail use using the following established trade-off rate: 1 square feet of office use = 0.545 square feet of retail use Therefore, based upon this tradeoff rate within the flexibility matrix, the proposed 1,874 square feet of additional office use is equivalent to 1,021 square feet of retail use. Therefore, to remain trip-neutral based upon the conversion matrix, 1,021 square feet of retail allocation will be traded off, leaving a surplus of 853 square feet of unbuilt retail entitlements available. Table 1 presents a summary of overall DRI entitlements for the Regional Center reflecting the allocation for this parcel with the development of this proposed use on site. The table provides a summary of the following: • Total current allocated/built uses within the Regional Center DRI [:?""" ~ 17\1 Kim ley-Horn ~ L_J V ~ and Associates, Inc. Downtown at the Gardens -DRI Traffic Entitlement Summary August 9, 2012 Page 2 • Adopted minimum and maximum thresholds for each land use within the DRI As shown in the tables, the resulting overall land uses allocations within the DRI remain within the minimum and maximum land use thresholds allowed. For comparison purposes, to demonstrate that the allowable trip generation thresholds have not been exceeded, two trip generation tables have been prepared. Table 2 presents the trip generation potential of the base approved DRI land uses. Table 3 presents the trip generation potential of current development of the DRI plus a net decrease of 1,021 square feet of retail use and increase of 1,874 square feet of office use. As can be seen in comparing Tables 2 and 3, the peak hour total trip generation potential of the proposed uses is less than or equal to the trip generation of the approved baseline uses. This is the case for both the a.m. and p.m. traffic periods, consistent with previous traffic analyses within the Regional Center DRI. All of the above demonstrates that the replacement of previous retail use with the proposed office use meets allowable tradeoff requirements and development thresholds within the Regional Center DRI and will not result in an increase in impacts over those previously reviewed for the DR I. {&,W'~ Chns.optier \tiQen, P.E. ·Stisr~on. Engineer Flon~'Registration Number 58636 Engineering· Business Number CA00000696 K:\WPB_ TPT0\0406\04067 4007 Cotleur Hearing Misc\Downtown at the Gardens\ Traffic-August 2012\DRI-traffic summary080912.doc Jllllll""'" --lr"1ll Kimley-Horn Ill...... r , and Associates, Inc. TABLE 1 MacArthur Re gio nal Center DRI Al l ocati on of Uses ID PROPERTY PARCEL RETAIL NC CINEMA OFFICE R&D OFF. HOTEL RES I D. FACTOR TOTAL s.fJd.u. or # name ID s.f. s.f. seats s.f. s.f. d.u. d.u. s.Useat s.f. BUILT A Mall 1,390 ,000 1,390,000 Bb Gardens Corp Center (2b) 70,000 70,000 Be Gardens Corp Center (2c) 184,057 184,057 c Good Sam 27.10 75,425 75 ,425 D Chase 76,112 76,112 E Prof Center @ the Gardens 27.07 89,213 89,21 3 F Mira Flores 352 1,000 352,000 G Parcel27.05/.06 27.05/.06 16,400 119,487 135,887 H Laser & Surgery Center 27.10N 20,345 20,345 I Grand Bank Center 27.10S 46,000 4 6,000 J Catalfumo 27.04 38,000 38,000 K La Posada 27.17/27.21 262 1,000 262,0 00 L San Matera, Harbour Oaks (mu ltiple) 993 1,000 993,000 M Viridian 24,182 24,182 N Downtown at the Gardens 27.12/.14 222,144 26,000 3,020 21,874 1,032 21 335 ,339 0 Landmark 27.13N 166 1,000 166,000 p Seacoast Banking Center 27.03 68,000 68,000 Q Garden s Pointe 27.09 41,500 175 850 190,250 SUBTOTAL 1,628,544 26,000 3 ,020 804 ,195 71,032 175 1,773 4 ,515,810 UN BUlL T I SURPLUS ENTITLEMENT Ba Gardens Corp Center (2a ) 223,943 223,943 G Parcel27.05/06 3,913 H Laser & Surg ery Center 10,939 K La Posada 38 N Downt own at the Gardens 853 Q Gardens Pointe 2 1,000 2 ,0 00 SUBTOTAL 4 ,766 0 0 234,882 0 0 40 225,943 G RAND TOTAL 1,633 ,310 26,000 3,020 1,039,077 71,032 175 1,813 4,741,753 DRI MAX THRESHOLD 1,640 ,000 26,000 3,400 1,210,000 235,200 674 2,051 5,807 ,478 DRI MIN THRESHOLD 1,440 ,000 26,000 2,960 860,932 71,032 0 1,813 4 ,273 ,976 k:\wpb_tpto\1445\144501000 pga blvd dtalysts center'l[regctr-0910-alloc.xls]table1(dn land use summ) LEGEND ~ DRIBOUNDARY PARCEL BOUNDARY REFERENCE NUMBER (ID# ON TABLE 1) REGIONAL CENTER DRI PALM BEACH GARDENS, FL PARCEL LOCATION MAP Jlllll"'l i-r-. Kimley-Horn ~~-~ and Associates, Inc. 144372001 . ' ' Kimley-Horn and Associates, Inc. TABLE 2 MACARTHUR REGIONAL CENTER DRI APPROVED PLAN TRIP GENERATION Traffic Generation Categories Intensity AM Peak Hour PM Peak Hour Total In Out Total In Out APPROVED SITE TRAFFIC Regional Commercial 1,390,000 s.f. 767 468 299 3,567 1,712 1,855 Neighborhood Commercial 26,000 s.f. 72 44 28 258 124 134 Business Office 1,210,000 s.f. 1,360 1,197 163 1,436 244 1,192 Research and Development Office 400,000 s.f. 457 379 78 422 63 359 Hotel/Conference Facilities 600 rooms 439 255 184 447 219 228 Residential 1,600 d.u. 798 128 670 884 592 292 Cultural/ Arts 36,400 s.f. ---50 25 25 --- Subtotal 3,893 2,471 1,422 7,064 2,979 4,085 Internal Capture Neighborhood Commercial 100.00% 72 44 28 258 124 134 Commercial 19.00% 146 89 57 678 325 352 Office 26.00% 472 410 63 483 80 403 Hotel 40.00% 176 102 74 179 88 91 Residential 40.00% 319 51 268 354 237 117 Cultural Arts 40.00% Q Q Q 20 10 10 Subtotal 1,185 696 489 1,971 864 1,108 Pass-By Traffic Regional Commercial 13.83% 86 52 33 400 192 208 Neighborhood Commercial 44.52% 0 0 0 0 0 0 Office 5.00% 67 58 9 69 11 57 Hotel 5.00% 13 § .2 13 I. I. Subtotal 166 118 48 482 210 272 Net New External 2,542 1,657 885 4,611 1,906 2,705 Note: Trip generation was calculated using the following data: ITE Trio. Generation, 6th Edition AM Peak Hour Traffic Generation Commercial Retail [ITE 820] = Ln(T} = 0.596 * Ln(A) + 2.329 ; (61 %in/39%out) General Office [ITE 710] = Ln(T) = 0.797 * Ln(A) + 1.558; (88%in/12%out) Research and Development [ITE 760] = Ln(T) = 0.875 * Ln(A) + 0.883; (83%in/17%out) Hotel/Conference Facilities [ITE 310] = T = 0. 782 *(X) -29.797 ; (58%in/42%out) Residential [ITE 220] = T = 0.497 *(X)+ 3.238; (16%in/84%out) PM Peak Hour Traffic Generation Commercial Retail [ITE 820] = Ln(T) = 0.660 * Ln(A) + 3.403 ; (48%in/52%out) General Office [ITE 710] = T = 1.121*(X) + 79.295; (17%in/83%out) Research and Development [ITE 760] = Ln(T) = 0.832 * Ln(A) + 1.060 ; (15%in/85%out) Hotel/Conference Facilities [ITE 310] = Ln(T} = 1.150 * Ln(A)-1.255; (49%in/51%out) Residential [ITE 220] = T = 0.541 *(X)+ 18.743; (67%in/33%out) Cultural/Arts [D.R.I.] = T = 2% of daily ; (50%in/50%out) k:\wpb_tpto\1445\144501000 pga blvd dialysis centen[regctr-0910-alloc.xls]table2 (approved) • I I • [7"'" ~ 17\1 Kimley-Horn t::::::.... L-...J V ~ and Associates, Inc. TABLE3 MACARTHUR REGIONAL CENTER DRI PROPOSED PLAN TRIP GENERATION Regional Commercial 0 329 3,968 Neighborhood Commercial 26,000 72 44 28 258 124 134 Cinema 3,020 seats 27 17 10 76 36 40 Business Office 1,039,077 s.f. 1,205 1,060 145 1,244 211 1,033 Research and Development Office 71,032 s.f. 101 84 17 100 15 85 Hotel/Conference Facilities 175 107 62 45 108 53 55 Residential 1,813 d.u. 904 145 759 1.000 670 330 Subtotal 3,260 1,927 1,333 6,754 3,014 3,740 Internal Capture Neighborhood Commercial 100.00% 72 44 28 258 124 134 Commercial 19.00% 160 98 63 754 362 392 Cinema 25.00% 7 4 3 19 9 10 Office 26.00% 340 297 42 349 59 290 Hotel 40.00% 43 25 18 43 21 22 Residential 40.00% 362 58 304 400 268 132 Subtotal 983 526 457 1,823 843 980 Pass-By Traffic Regional Commercial 8.35% 57 35 22 269 129 140 Neighborhood Commercial 44.52% 0 0 0 0 0 0 Office 5.00% 48 42 6 50 8 41 Hotel 5.00% ~ ~ 1 ~ ~ 1 Subtotal 108 79 29 322 139 182 Net New External 2,169 1,322 847 4,609 2,032 2,578 Note: Trip generation was calculated using the following data: ITE TriQ. Generation, 6th Edition AM Peak Hour Traffic Generation Commercial Retail [ITE 820] :;;; Ln(T) = 0.596 * Ln(A) + 2.329; (61%in/39%out) Cinema * :;;; T = 0.0088 trips per seat; (64% in/36% out) General Office [ITE 710] :;;; Ln(T) = 0. 797 * Ln(A) + 1.558 ; (88%in/12%out) Research and Development {ITE 760] = Ln(T) = 0.875 * Ln(A) + 0.883 ; (83%in/17%out} Hotel/Conference Facilities [ITE 310] :;;; T = 0.782 *(X)-29.797; (58%in/42%out) Residential [ITE 220] = T = 0.497 *(X}+ 3.238; (16%in/84%out) PM Peak Hour Traffic Generation Commercial Retail [ITE 820] = Ln(T) = 0.660 * Ln(A) + 3.403 ; (48%in/52%out) Cinema * = T = 0.025 trips per seat ; (48% in/52% out) General Office (ITE 710] = T = 1.121*(X) + 79.295; (17%in/83%out) Research and Development [ITE 760] = Ln(T) = 0.832 * Ln(A) + 1.060 ; (15%in/85%out) Hotel/Conference Facilities [ITE 310] = Ln(T) = 1.150 * Ln(A)-1.255 ; (49%in/51 %out) Residential [ITE 220] = T = 0.541 *(X)+ 18.743; (67%in/33%out) Cultural/Arts [D.R.I.] = T = 2% of daily ; (50%in/50%out) k:\wpb_tpto\1445\144501000 pga blvd dialysis center\[regctr-0910--af/oc.xls]table3{proposed) .....,._.,. Kimley-Horn ........_-r -, and Associates, Inc. August 9, 2012 Revised August 23, 2012 Mr. Kevin Berman Downtown at the Gardens 11701 Lake Victoria Gardens Avenue Palm Beach Gardens, Florida 33410 Re: Downtown at the Gardens -Site-Specific Transportation Impact Study Palm Beach Gardens, Florida 040674007 Dear Kevin: Kimley-Horn and Associates, Inc. has prepared a study to evaluate site- specific traffic impacts associated with the conversion of a portion of the retail and office uses to medical office use at the Downtown at the Gardens parcel within the Regional Center Development of Regional Impact (DRI). The Downtown at the Gardens parcel is located east of Alternate A1A, north of Kyoto Gardens Drive and south of Gardens Parkway in the City of Palm Beach Gardens, Florida. This site-specific transportation impact analysis has been prepared to evaluate localized access impacts resulting from the changes in allocation and includes identifying the future total volumes at the project site driveways. This letter report summarizes the findings of this site-specific transportation impact analysis. Site Background The existing and proposed allocations of uses for Downtown at the Gardens (PCN: 52-43-42-06-14-001-0000) are summarized in Table 1 below. Consistent with previously approved traffic impact analyses, the outdoor seating area of restaurants is not included in the traffic generation calculations. Neighborhood Commercial/Retail Restaurant Movie Theater Office/R&D Office Medical Office D TEL 561 845 0665 FAX 561 863 8175 Table 1 Re ional Center DRI Land Uses Existing Building Proposed Building Area Area 179,038 SF 177,164 SF 70,980 SF 70,980 SF 3,020 seats 3,020 seats 17,132 SF 12,442 SF 3,900 SF 10,464 SF D SuHe200 1920 Wekiva Way West Palm Beach, Florida 33411 .....,..._.,. Kimley-Horn ........._ _, ~ and Associates, Inc. Mr. Kevin Berman, revised August 23, 2012, Page 2 Following are the access points 1) Full access at Gardens Parkway & Lake Victoria Gardens Avenue 2) Right-out only access from the parking garage on Gardens Parkway 3) Right-in/Right-out access on Alternate A1A 4) Full access at Kyoto Gardens Drive and the unsignalized site driveway 5) Full access at Kyoto Gardens Drive and Lake Victoria Gardens Avenue (signalized) Figure 1 shows the location of this parcel. Trip Generation Table 2 provides a summary of the anticipated trip generation potential of this parcel using internal capture percentages consistent with previously approved methodology for the DRI. Based upon this calculation, the proposed modification will increase the driveway volumes by 69 external daily trips, 2 external AM peak hour trips, and 4 external PM peak hour trips. Driveway Analysis The change in site driveway volumes reported in Table 1 is minimal, especially considering that the site has five separate access points. To identify the impacts at each of the site driveways, the volumes associated with the existing calculated trip generation and anticipated future change in trip generation were assigned to the site driveways using the assignment percentages used in the local traffic impact study for this site in 2003. Figures 2 and 3 illustrate that trip assignment. As shown, the proposed reallocation of retail, office and medical office uses generates a negligible change in site driveway volumes. No new turn lane thresholds or changes to intersection geometry or intersection control are anticipated to be required as a result of this change. ------------------------------------------------ ,....... __ n Kimley-Horn ~ r ., and Associates, Inc. Mr. Kevin Berman, revised August 23, 2012, Page 3 Conclusion A site-specific transportation impact analysis has been conducted based upon a proposed minor reallocation of retail, office and medical office uses at Downtown at the Gardens. As demonstrated by this analysis, the additional trips generated due to the amended development program are not expected to create the need for turn lanes or other modifications at the project site driveways. Sh~~IA I¥?~ have any questions please feel free to contact me at (561) 845- ''Q66N'. B /;;; .$-" () ~ ............. : .... ~~: ~ ~ '?:SirTG't:!t€~~ ~ ··· .. :. '-? ~ ::: ..... ..... -:::::. 3 * / Kf'AAt~Zjlj~RN\~9:ASSOCIATES, INC. = ~ * 1 ::: -"0, :,..... __ ~ -,30\ T 0 / i]j ::: -::::-~ ..... ~ $' %~,~~cfb·~·~t~ineer 'l}'~ij l~t:\ \ 'tb\-z.. Florida Registration Number 64773 Engineering Business Number CA00000696 Attachments k:\wpb_tpto\0406\040674007 cotleur hearing misc\downtown at the gardens\traffic -august 2012\2012-08- 09kb.docx Figure 1 Downtown at the Gardens Site Location Subject Parcel ~ ~ DRI Boundary Scale: Not to Scale Jllllll""',-n Kimley-Horn ......._I_ r ~ and Associates, Inc. Site Figure 2 Downtown at the Gardens AM Peak Hour Driveway Volumes LEGEND 95 + 1 = 96 Existing+ Proposed= Total (peak hour) I 1955 I Future Daily Volume Scale: Not to Scale -n Kimley-Horn ~-r ~ and Associates, Inc. ;:.----~ co IX: en <( ..... <( t.. 68+0=··, 1955 r a...__ ~ Site Figure 3 Downtown at the Gardens PM Peak Hour Dr iveway Volumes LEGEND 206 + 1 = 207 Existing + Proposed =Total (peak hour) 1955 I Future Daily Volume Scale: Not to Scale ........--n Kimley-Horn ........_-r ~ and Associates, Inc. ---------------------------------------------------------------------------------------------------------------------------------- ........-__ .,..,. Kim ley-Horn ......._ r , and Associates, Inc. TABLE2 REGIONAL CENTER-DOWNTOWN AT THE GARDENS TRIP GENERATION Land Use Intensity Dally AM Peak Hour PM Peak Hour Trips Total In Out Total In Out Current Allocation Regional Commercial 179,038 S.F. 9,916 179 109 70 940 451 489 High-Turnover (Sit-Down) Restaurant* 70,980 S.F. 9,025 818 425 393 791 467 324 Movie Theater 3,020 seat! 5,315 30 26 4 242 87 155 Business/R&D Office 17,132 S.F. 343 46 40 6 51 9 42 Medical Office 3,900 S.F. 141 9 7 2 16 4 12 Subtotal S.F. 24,740 1,082 607 475 2,040 1,018 1,022 Internal Capture Commercial 25.00% 2,479 45 27 18 235 113 122 High-Turnover (Sit-Down) Restaurant 25.00% 2,256 205 106 99 198 117 81 Movie Theater 25.00% 1,329 8 7 1 61 22 39 Business/R&D Office 26.00% 89 12 10 2 13 2 11 Medical Office 26.00% 37 2 2 0 4 1 3 Subtotal 6,190 272 152 120 511 255 256 Pass-By Traffic Regional Commercial 34.94% 2,598 47 29 18 246 118 128 High-Turnover (Sit-Down) Restaurant 43.00% 2,911 264 137 127 255 151 104 Business/R&D Office 10.00% 25 3 3 0 4 1 3 Medical Office 10.00% 10 1 1 0 1 0 1 Subtotal 5,544 315 170 145 506 270 236 Driveway Volumes 18,550 810 455 355 1,529 763 766 Net New External 13,006 495 285 210 1,023 493 530 Pro(!O!!!!! Allocation Regional Commercial 177,164 S.F. 9,849 177 108 69 933 448 485 High-Turnover (Sit-Down) Restaurant* 70,980 S.F. 9,025 818 425 393 791 467 324 Movie Theater 3,020 seat 5,315 30 26 4 242 87 155 Business/R&D Office 12,442 S.F. 268 35 31 4 40 7 33 Medical Office 10,464 S.F. 378 24 19 5 39 11 28 Subtotal 24,835 1,084 609 475 2,045 1,020 1,025 Internal Capture Commercial 25.00% 2,462 44 27 17 233 112 121 High-Turnover (Sit-Down) Restaurant 25.00% 2,256 205 106 99 198 117 81 Movie Theater 25.00% 1,329 8 7 1 61 22 39 Business/R&D Office 26 .00% 70 9 8 1 10 2 8 Medical Office 26.00% 98 6 5 1 10 3 7 Subtotal 6,215 272 153 119 512 256 256 Pass-By Traffic Regional Commercial 35.03% 2,588 47 28 19 245 118 127 High-Turnover (Sit-Down) Restaurant 43.00% 2,911 264 137 127 255 151 104 Business/R&D Office 10.00% 20 3 2 1 3 1 2 Mad ical Office 10.00% 28 2 1 1 3 1 2 Subtotal 5,547 316 168 148 506 271 235 Driveway Volumes 18,620 812 456 356 1,533 764 769 Net New External 13,073 496 288 208 1,027 493 534 NET CHANGE IN DRIVEWAY VOLUMES 69 2 1 1 4 1 3 Note: Trip generation was calculated using the following data: Current Palm Beach County Rates were used Daily Traffic Generation Commercial Retail [PBC] = Ln(T) = 0.65 * Ln(A) + 5.83 High-Turnover (Sit-Down) Restaurant [PBC] = T = 127.15 trips per 1,000 s.f. Movie Theater [ITE443) = T = 1. 76 trips per seat Business Office [PBC) = Ln(T) = 0.77 * Ln(A) + 3.65 Medical Office [PBC) = T= 36.13 trips per 1000 S.F. AM Peak Hour Traffic Generation Commercial Retail (PBC] = T = 1 *A ; (61%in/39%out) High-Turnover (Sit-Down) Restaurant [PBC) = T = 11.52 trips per 1,000 s.f. (52% in/48% out) Movie Theater [ITE443) = T = 0 .01 trips per seat ; (assumed to be 88% in/12% out) Business Office (PBC) = Ln(T) = 0.80*ln(A) + 1.55 ; (88%in/12%out) Medical Office [PBC) = T = 2 .30 trips per 1000 S.F.; (79%in/21 %out) PM Peak Hour Traffic Generation Commercial Retail [PBC] = Ln(T) = 0 .67 *ln(A} + 3.37 ; (48%in/52%out} High-Turnover (Sit-Down) Restaurant [PBC) = T = 11.15 trips per 1,000 s.f. (60% in/40% out} Movie Theater [ITE445) = T = 0.08 trips per seat ; (36%in/64%out) Business Office (PBC] = T = 0.74*1n(A} + 1.83 ; (17%in/83%out} Medical Office [PBC) = Ln(T) = 0.88 * ln(A} + 1.59 ; (27%in/73%out) • Building area only, does not include outdoor seating k:\wpb_tpto\0406\040674007 coaeur heanng 171Jsc\downtown at the garrlens~raffic-august 2012\[l!affic0812_fina/.xls]tnpgefKJatg only Downtown At Th e Ga r d e n s Palm Beach Gardens, Florida Site Data Proiect T ea r n TOWNSHP: 41 S. RAIGE: ~ t:... ~1:.<.. IJJN: t> REGONALCENTER PARCELS 21.14.AND 27.12 I.MO USE OES~TON E.:QST~ ZD*"G OES~Tl.?N: P9G PETTTON NO.: FEMA.FlOOOZONE PPHEL NO· TOT.Al SITE MEA PROPOSED USES t-E"IOH90RHOOD CXltllMERClA.t REGIONAL RffAL, RfSTAlRANJS & LDI..NGE CN:MA (30:20 SEAT'S) RfSEARO-I AND OEVEtDPMEN'n OFFICE ME:!XALOFI'ICE TOTALButi::U«J.IIREA IN>JWIJM BULDNG HEIGHT BULeN:; STORES PHASNG NLM3ER OF BULDf.IGS TYPE Of OVVNERSHP LAND USEALLOCAIDN Butot..rG LOT COVERAGE VEI'fCu.AR USE AREAS INTERIOR PLAZA COMMUNTY SERVN:; Of' EN SPACE ~LONG LAKE) Of'ENSPACE BLFFERS TOTAL SITE AREA OPEN SPACE CALCULATlJN PER!METEABLFFERS GREEN SPACE IN VIA'S COMMIJNTY SERVI'G Of'EN SPAcr \AlONG LAKE) TOTAL PERVOJS CALCULAIDNS "'"""' OPENSPACE J BLFFERS SUBTOTAL "'""""" BlA.CH:llDT COVERAGE VEHCUAR l.ISE AREAS WAlKS, COI.RTYAROS & PLAZAS SUBTOTAL PARKING CALCI.A.ATIONS MIXED USE SHOPPING CENTER TOTAL SHOPPII'G CENlER USES IN:t.I.O['.(; t-EIGt-eORHOOOCOM~IEACW., RETAI., RESTAURANT. LOUIGE, R & 0, A/<0 OFFICE Qfo.CLUCES 8.335 SF Of OVTOOOR SEA INJ) ~OF SHOPPN:> CTR PERMITIED FOR RESTALR'INTilDI..N:>E IJSEATSH:>PPNGCTR "'" RESTAURANT GlA lN EXI:ESS OF 2'5'11. (INEXC£SSOF~'II.OFT07H.$1101"PJiGCEIITEit) Ol1TOOOR SEA TNCl MIXED USE SI-OPPNO crNTER .,., lt>IC\.1.0.(; OFFU. NEIGHBORHJOO COM.'•tERaAL & MEOCAL CI'<EMA.3020SEATS TOTALS UI$TINO ~AIUONG I'IIIOVJOED GAAOE PARKI'G EASTP.ARKNGG.AAAGE TOTAL UJSTING fi'JIOVIOED I'AIUQNG COHTIHCENCY 1'\..AII•PAAIIINO l'ltO'IIOI!O CAAOE PARKNJ EAST PARK NO GARAGE WITH E.>PANSJ:lN TOTAl COHTINGDICY PROVID€0 PAIUONO C/FO PCDfDRI B-2112022100026 35.20PCRES 2$,000.00SF 222,1«.00SF''' 680BT.OOSF 12.4-l:l.OOSF 10484.00SF lJD,13f.OOSF'' 75 FEET 2STORES ~ '" t&OT '·" '"' ·" ,, .... "' '"' 5.53 18.07 "' 279.38S.1 liS.~ ... 10,725 1,1341/150•11250 10,72511150• 11150 2ti7,52!311200Sf' 68,087 I ~ER3SEAT'S l47An 15.7""-51.34% '·"" 7.1""-"""' 100,..., -~ 11.82% ..... T.IO% "A"' " "-'" n.o5% 15.7""-51.3oe'll. 10.91"-n.u,. "" "' "" ><n kNIOCAI'REOUIAED (lOH.C..-cDJIOIIIIOOO-.G-COI'\UI!IIIIUIIOII"~sPACei...,.,.E­kNICICN'PIIICMCIEO(JoiCtUOEOJI TOTH.! IU5rllaBONOMCEAII:ti1~PROYUDH~C.O.~ LOADING CALCULATIONS BULDING A Sl' HQURI!O 123.IT4 2.5 8/C I:WEIF/Kil G'tt'rJ M1/M2 TOTAL BIKE PARKJNG _..._,lltRIEOU"'ED!'-'II.OF~~ml TOTH.PIIt0rll0£0(22-48tll!!Uat&) BUILDING DATA B~OI'IGA Bl.I..DNGBIC BUI.DNGO Bl.I..ONGE Bl.I..DNGF BLI..Of.IGG BIA..ONG H Bl.I..DNGIIJ Bl.I..ONGK Bl.I..DNGL BIA.DNGM TOTAL Bl.ILDHJ MEA 43.130 1l5,168 ...... B.SOO 'I; I!IXOI'rofAl SHOI"J'''I'GC£111VtftETAo'liU ... tSI')UUIIIAfi!IE' AtlOCAFlDTORESf"IUU.ItfUSEfCCDESEC ,,_,.,, 'I; H.~~3FAI.lOC"JE0.UlOUNG€" CO'IOIT>CJIIAI. U2 'l:~ti.ClESfJJlSI"OI"OUi'IXlOiltSE.Anl'fG ''-' O'ft YloiHMDtC.4/>sPM:ESNH!:RE0JtltfDI"QifEJI'Sn.<tG-IOifG 'J.'IIfClUOESf.JJ5SI"OI'OJrtiOCli'$£AMG '" " 2 t23.n<loo 43.130.00 26.01515.00 1 12,.054.00 1 11,9l7.00 1 HU07.00 1 1l27&.00 19,180.00 41.831.00 2 25.301.00 B.SOO.OO l3S,1lT.OO ... 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E O A 8 0 V E ) Le g a l De s c r i p t i o n (C o n t . ) (C O N B - I U E O FR O M 8E l . O W ) C0 t . 1 W E N C I N G A T » i E IN T E R S E C T I O N OF TH E W E S T E R L Y L H : OF TH A T CE R T , a . r . j WA T E R MA N A . G E N . ENT TR A C T , I \ S Re C O R D E D NO F " ' t C C A L RE C C R : > S B O O K ~ f> A G E 35 4 , PU B L I C RE C O R D S OF SA I D CO U N T Y , N I J TH E SO U r H E R Y RI G H I -O F . WA Y LI ' 4 E OF GA R O E N S BO l A . . E V A A O , AS RE C O A O E . D IN OF F K : I A L RE C O R O 80 0 1 ( 5< l 7 2 , PA G E 35 4 . PU B li C RE C O R D S OF $A I ) CQ U N ' T ) ' : s. \ C I P O I ' I T B E I N G APO I N T ON A CU R V E ll i R O U G H W H I C H AR A O I A L L . . E BEA R S NO R T H 1 7 $1 \ 1 0 CURV E BE I N G CON C A V E TO THE NO R n l . HIW HC II R A D R . J S O F 10.5 1 . • ~ FE E T ; PR O C E E D NO R n m E S TER L Y, OE P A A T I M : > SA D WE S T E R L Y L N : , AH . J AL O N G SA J O S O U I H E R L Y RI G H I ·O F . W AY lf l E , A H O TH E A R C O F S A D C L I { V E , TK' I O U C H A CE N T R A L A H G L E OF ' 0 8 41 V . Z ' . AN AR C DI S T A N C E Of ' 159 . 3 6 FE E T TO THE PO INT OF TA N G E N C Y ; Tt £ N C C N O R T H 5 4 10 ' 0 l i ' W E S T . C O H T ~ AL O N G SA i l SO U T H E R L Y RI G I 1 T . O F · W A Y UN E , A O I S T N « ' : E CF 425 . 1 9 FE E T ; Y R I C H TI- E N C E SO V T H 70 '1 1 9 ' S 2 ' W E S T , CO N T I N U I N C A L O N C ; SA I O S O \ J T H E R L Y RI GHT. O F · W A Y LINE, A DI S T A N C E OF 35 .3 6 FE E T T O A J> O t i T O N TH E E A S T L U : OF VI C T O R IA CA R O E H S BO U L E V A R O (A t 10 ' W I O E fU C H T . . Q F - W A Y ) A S RE C O R D E D IN OF F I C IA L RE C O R D BO O K 8. 2 9 2 , PA G E 15 4 3, PI A I U C RE C O R D S OF SA 1 0 CO U N TY ; ! HE N C E NO R T H 11 •1. : n T WE S T CO NTN U I N G A L O N G SA D SO U T l 1 E R L Y RI G HT .O = - W A Y U NE, A DIST A N C E OF 110 . 8 8 FE E T TO A P O N T OO THE WEST ERL Y RI G H T - O F - W A Y LIN E OF SA i l V I C T O R I A G N « J E H S OR I V E I I H ) TH E PO I NT 0' " BE G I N NING ; ll - E i" O L L O W I N G FI V E CO U R S E S AR I E AL O N G SA I D WE S T ERL Y IU G H I - O F -WA Y LI N E OF SA I O V I C I O R . I A . G A i l O E N S O H N E ; THE H C E SO U TH 2S 'I W ' S 2 " WE S T, DE P A R TIN G SA I D SO U T H E R l Y RJ : > H T - 0 = - W A Y L U : . A DI S TAN C E OF 12 7 . 0 1 1 FEE T TO A PO IN T OF O J R V A I UR E CF A C U R V E C O U C A V E TO TH E EA S T , HA VING A RA D IUS OF T7 1.20 FE E T : TH E N C E SO U T H E R L Y AL O N G ! HE AR C OF SA D CU R V E , TH R O U G H A ca . r i RA L A N G I . . E O F 6 0 AR C DIS TAN CE OF 8 12.79 FEET TO TH E PO N T OF TA N G E N C Y: 1H E H C E SO U T H 34 " J 3 ' 17 ' EA S r , A OIS I AN C E OF 3:l 9 .9 9 FE E l I O A I> O I ' l l OF CU ' N A I~ E O F A CU R V E CO NC A VE TO TH E SO U T HW ES T , HA VI > I G A ~ S OF I I SI .23 FE E T : THENCE SO U T H E I \ S T E R L Y . A L O N G T H E M e OF S I \ I O C U R V E TK t O I J G H A CE N T R A L AN G L E o= 20 'J O ' O O " . AN AR C DIST AN CE OF 4 1 U O FE E T TO TH E PO I NT 0 " TA N G E N C Y ; TH E N C E SO V T H 14 "0 3 ' 17' EA S T . A OIST I I N C E OF el . n FE E T TO A PO INT ON TH E NO R r t E . R L Y RIGHT. Q F . W A Y l U : OF KY O T O GA R D E N S DR I V E . AS RE C O R D E D . . OF ' F I C W . RE ( " . . Q R O 80 0 1 < ; 82 9 2 . PA G E 154 3 , PL E I L I C RE C O f i D S OF S A l ) CO U N T Y · (T H E FO U . O W IN G SI X CO U R S E AR E AL O N G SA I D NOR T H E R LY RI G H T .O F - W A Y LU : ) TH E N C E SO U T H 36 ' 10' 3 0 " WE S T . A DI ST A N C E OF 39 . 4 3 FE E T TO A PO I NT OF A NO N - TA N G E N T CU R V E , n- F \ O U G H WH I CH A RA D IA L UN E 8E A R S N O R TH 03 " J S ' 5 9 ' WES T. SA J O C V R V E BE I N G CO NCA V E TO TH E NOR TH EA S T . HA VIN G A R. I \ O l . J S O F 4 6 1 5 . 9 7 FE E T: Tl - E NC E NOR T H WES T E R LY, AL O N G TH E AR C 01 " SA D CU R V E , TH ROU G H A CE NTR A L . AN G L E OF 32 "3 2 ' 4 2 ' , AN AR C DI S TAN CE OF 284 . 8 . 2 FEET TO TH E ~ T OF TA N C E H C Y ; THEH C E NO RT H 9 1"0 3 ' 1 7 ' WE S T . A DIST AN CE OF 27 9 . 6 7 / ' E E T : TH E N C E NO N T H 24 "5 3 ' 3 0 ' EA S I , A DI S T AN CE OF 29 ,7 5 F E E I I OA P O I < I I OF A NON-T A N G E NT CU R V E TH RO U G H WH ! O - t A A A D W . L t E SE A A S SO U T H 24 '5 3 ' 3 0 ' WE S T , SA J O CU I N E I: I E I N G CO N C A V E TO THE SO l H I - M ' E S T , H A V N G A RA O P . J S OF 15 4 3 . 8 7 FE E T ; TH EN C E l' f O R T H W E S T E R L Y Al ON G nE A R C O F S A D C L I N E TH R O U G H A CEN TR A L AN G L E OF 38 ~2 ' 3 1', AN AR C DI S T A N C E OF 436 , 8 1 FE E T TO A PO INT ON A NO N - T AN G E NT LN : : nE N C E NO R T 1 1 58 WE ST . A DIST AN CE OF 1.5 0 FE ET TO A ~ TO N A NO N - TA M G E NTCU R V E TH R O U G H \YH K : H A K A O W. Ll i ' l : . BE A R S S O U I H 7 7 ' t 0 ' 17' WES T. SA l l CI . J W E BE IN G CO NCA V E TO TH E NOR T HEA S T , HA V I N G A RA D I U S DF 4 8 3 8 . 2 5 F E E T : TH EN CE NO R T l - I W E S T E R L Y , DE P A R TI NG SA O N O R T l £ R L . Y RI G H T - O F - W A Y Li t E . AN D AL O N G TI - E AR C OF SA D Cl . R V E THRO U G H A CE N T R A L AN G L E OF 07 ' o 1 ' S 4 · , AN AR C DI S TAN C E OF 5~3 . 7 8 FE E T TO A PO N T OF CO M F ' O I . . N : ) CU R V A T l . f t E O F A CU R V E CO N C A V E TO TH E ~T I - E A S T HA Y I N G A RA D I U S OF J6 o l 8 . 4 2 FEET ; TH E N C l O NO R I H W E S TEI - U . 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'fO~ ~~AHO-.:o.ov.~-.JIIIODHC<I no.~•_,_.,.,._ fi!CiM'!:'I-0'~ Scale: 1" = 50 ' No rth ~ ·Cotl eur& Hearing Landscape Architects Land Planners Environmenta l Consu ltants 1934 Commerce lane Su ite 1 Jupiter, Florida 33458 56 1.747.6336 ·Fax 747.1377 www .cotleurhearing .com Lie# LC-C000239 ~ ~ ' ~ ro "'0 ·c ~ Vl 0 QJ u::: ~ Vl ... ·c Vl 0.. c 1-QJ QJ "'0 +-' c 1- ~ ro w (.9 ~ c ..c ro u E ro ~ 1-QJ QJ co co E -ro ~ 0... ~ cs DESIGNED OEH ORAWN EP/NBP APPROVID DEH Joe NU~BER 00-1003.03 MTE 04--~1 2 """""""' 05--17-1 2 06-07-12 June 07, 201 2 12:4-1:20 p.m. Or cW,g: 00--100J.-9».DWC SHEET 2 OF 5 CI COTtElJII.f,HEA~t«:.. ::=r .. -:.:=:::=-: .. ......,h-...;•t>t·~~ _...,~-.... ~ I r {\:---------c~- \.l\.L_ ___ ~-------- "' "' Il l 12?1 ... ,., "' a II II II II II II II ~~ D II II II II II II II II II II POlHTS ' " !§ I.J i II i II n II QfTAtOI'I PltfFUI.IUO PIIGPRfRRRfD RCCifS LW SPfCI"!i " ' ' U22.20 TOTAl LOST U.MD5CAPe P'OOOS " 1 1 '" "' Sl NOn:. ~(')ltCII<:AT!SROIUOil H.l.TTV~ P!.AHT H.\TtiUAL JS.-R JUN!Pt:JW5VIItGNIASiliCOt.A-TOIII!MOCAUO li-lt" IAGUISnoouA INDICA, Hoi.TCHfZ· TO Ill! lflOCATa> iflL!S'"' Ql !f!!OriytRGJMAM-IQ!JRf!OfATW .::'hi; SAM' ffl!tfi!O·TO IE lOQCaUQ 0 '" CHRl508A.IAHJ51CACO IV'" IUXVOMJTOIUA'STO!IZSOWARF 'S Ptt:tOO(HOKOft IIPViNATIROUM I ywc: Y',!IIWJ!l O!IJQ'(ADIM I9!o!fllill' NOT't: STI'IfJ)L (-)INOICATf5PAI.M llfAOlGARDfHS PPLf{AAU) 1'\Atfr MATUlAl NOT£; STI180l(")ltC>ICAT!50ROUafTTOURANT P\AHT H.\T(IUAL landscape Palette ~ ·"·~~· ':i/ ...... ~ --~=-·-o ~- rnotetmMttr Ul[ SOU'tl6.HRfOCftlo\ll. l lO,I'KlH.O.A. CAAPfl'l'ltm.f•'IIHITf U 'O.A~I U~ IM9!!5 Jl-1~ 116 OA HI 'jAM! PI!HFUO •nuoA w.c COCOPI.UI'I l l,lf"XXf' CINARFU.uPOHHOllf u.•r:.•r """"" 1 ),)(1"')0()" YlflrYNn ro.,.~rn ''l1Rr -~--------------------------------~----------------------- wqrrc BfNAW , ... """-"""" .... FUUCAHOP'I,UM&-1.4'J' .. BA! C!NOfi fCT HUt A$ Btl!A TH!CP.: lSO.C. """"""' TO<-""""""" 2SO.C. RIU&.TlilOC HOC I Rill tnocx L Affected Area -Prop osed/Relocated Plant List QTTFftOM TOTA L PRERRRfD pee;; PRffOUU:O 1'000'$ SI'(O!SUST R!Cl!S OTT "' ' " " '"' " 1 1 "' " ' ' ' " 1 1 "" "' '" '" .. .. 0,67 4m o.ms I 195 195 IAH.S.J TOTAL 'ROI'OSlDU.HOSCA'f P'OIKTS JCJTt;AST!JUSI((')INOICAT5 flOIUOA NA.Tl"'f 1'\AHT H.\TBUAl HOT!::STMI!OL.(-)IHOICAltSPA1.M!IfAOlG.uc0eCS~I'VJO'H.\TDIAL JCJTt :STMBQ.('"')IHOICAT!S~Ttlt.EP.I.HtPI.AHTHATfJUAI. Affected Area landscap e Point Totals ~;:tr:.-"'~'l''m l t:ll;ll l iror.upJrrnP!Cf!N':O!JfTS I Z.P I ., Overall S it e landscap e Point Totals !TOTAL OlFFEIHMC£ 11'11'0005 I lUto.ll I """""'"""""" CAAPEM'flml·WHiTt CIW'EI'IYRTlf·wtm ""' """"' IMAAFTAUPON HOI.ll Q!W!I2;!.tJIRM S,F 5! AUGUS!JNfSQO 1 XI,8'MIN.o.A. A.!.. IZ'O.A~ 10' 5f'lll), A.S.. ll'O.A~ 10' SPRO. A.S. ~·x .A r " ''"""" •l.rn rr U?!!Q1• U 6"XU l.SO.C. ro.c. z QC. roc. 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SCALE : 1" -40'-0" LEVEL 1 LOST ON GRADE - ADDED ON GRADE - LOST IN GARAGE- ADDED IN GARAGE - NET ADDED CARS - LEVELS 2 THRU 3 -26CARS +SCARS -3CARS +34 CARS +10 CARS LOST IN GARAGE --3 CARS (PER LEVEL) ADDED IN GARAGE -+46 CARS (PER LEVEL) NET ADDED CARS -+43 CARS PER LEVEL) NET ADDED LVL 2 & 3 -+86 CARS NET ADDED CARS -+96 CARS ALL I'CW MA ~I ALS. PROFI..ES. Fl ISCS /lJ'.D COLORS AT PAIIKII'.G GARAGE AOOITIO'I TO MAT~ EXISTII'.G PAIIKII'.G GARAG: P\ 1 2 \ P A T C i 10 1 2 Pl f t . i n g Cia ! " . t. . r p . M i o n \ D TAG - G A A - ( ; ( P · S I ' I dw g . 5( 1 6 ( 2 0 1 2 10 <1 7 . l 0 AM . Ad o t M PO f _ j · 0~ - - u • )> en ) > r .-~ -; ~ ~~ "1 1 - ; ~, ~ .~-n' r - z O l > n§ m _, ): : o r li l i \ )> 1- ., ~ 0 ~e n 0 c; ~~ m 0> -o - i 0 q 1; 1 - ( ) ~m 8~ l> Al en z~ :;~ )> 2-0~ + z <0 ~~ "' ~" I I I I ... . . . . . 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L S P .DC SHE E T 1 OF 1 c CO TW J R HE A R f i G tl C . n- . , . . .. . . ~a r . , . l f ' l t l l a ~ ~ e • .. . . . . . . v - - . . • • -. , . . . . . . . .. , . , _ h .. . . . . . . . , h ~ ~ ,. w ~ . _ . . , . . . .. .. . ~ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 13, 2012 Resolution 86, 2012 Subject/Agenda Item: Approve an Agreement with Florida League of Cities, Inc. (sponsor of the Florida Municipal Insurance Trust (FMIT)) for Property and Casualty Insurance Services. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Finance ~4f?~ Finance Administrator Advertised: NA Fi~or Date: Allan Owens Paper: Purchasing & Contracts [ x 1 Not Required D"@J,M- Km! Ra Submitted by: Affected parties Approved by: [ ) Notified [ x 1 Not required Costs: $988.000 (Total) $0 Current FY Funding Source: [ x 1 Operating [ 1 Other Contract/Agreement: Effective Date: 10/01/2012 Expiration Date: 9/30/2013 Budget Acct.#: 001.0900.519.4500 xxx.xxxx.xxx.241 0 Council Action: 1 Approved 1 Approved w/ Conditions 1 Denied 1 Continued to: Attachments: • Resolution 86, 2012 -Exhibit "A": Agreement Meeting Date: September 13, 2012 Resolution 86, 2012 Page 2 of 2 BACKGROUND: The City desires to purchase property and casualty insurance services from the Florida League of Cities' Florida Municipal Insurance Trust (FMIT) via a piggyback agreement through a Village of Wellington RFP. The City performed extensive cost analyses, market research, and reviews of several insurance programs and contracts that could be piggybacked. Discussions were also held with representatives from industry leaders Arthur J. Gallagher Risk Management Services, Inc., Public Risk Insurance Agency (PRIA), Ballator Insurance Group, and the incumbent vendor, Wells Fargo Insurance. Wells Fargo Insurance proposed a 13% increase (more than $1 00,000) under the current program, and offers from other vendors were less attractive than the offer from the Florida League of Cities. The City expects to realize savings of approximately $290,000 per year by contracting for its property and casualty insurance services through the Florida League of Cities' FMIT. STAFF RECOMMENDATION: Staff recommends approval of Resolution 86, 2012 as presented. ----------------------------------------- 1 2 3 RESOLUTION 86, 2012 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT 8 WITH FLORIDA LEAGUE OF CITIES, INC. (SPONSOR OF THE 9 FLORIDA MUNICIPAL INSURANCE TRUST (FMIT)) FOR 10 PROPERTY AND CASUAL TV INSURANCE COVERAGE; 11 AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT; 12 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 13 PURPOSES. 14 15 16 WHEREAS, Section 2-294, Code of Ordinances permits the City to "piggyback" 17 an agreement awarded to another governmental agency pursuant to a competitive 18 sealed bid; and 19 20 WHEREAS, the City desires to use the services offered by Florida League of 21 Cities, Inc., as outlined in an existing contract with the Village of Wellington through 22 RFP# 098-12/ED; and 23 24 WHEREAS, an agreement for property and casualty insurance coverage with 25 Florida League of Cities, Inc. has been prepared and is attached hereto as Exhibit "A"; 26 and 27 28 WHEREAS, the City Council deems approval of this Resolution to be in the best 29 interests of the health, safety, and welfare of the residents and citizens of the City of 30 Palm Beach Gardens and the public at large. 31 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF PALM BEACH GARDENS, FLORIDA that: 35 36 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 37 38 SECTION 2. The City Council hereby approves the Property and Casualty 39 Insurance Coverage Agreement with Florida League of Cities, Inc.'s Florida Municipal 40 Insurance Trust, authorizes the Mayor to execute such agreement, and authorizes the 41 City Manager to execute any forms, addendums, and/or extensions to the subject 42 agreement. 43 44 SECTION 3. This Resolution shall become effective immediately upon adoption. 45 46 47 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 86, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ---------=--------------------David Levy, Mayor ATTEST: BY: -------------------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: ------------------------~ R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN \\pbgsnas\Attorney\attorney_share\RESOLUTIONS\2012\Resolution 86 2012-floc-fmit property and casualty ins.docx Page 2 of 2 Resolution 86, 2012 EXHIBIT "A" PALM BEACH GARDENS ':4 unique place to live, leanz, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR PROPERTY AND CASUAL TV INSURANCE SERVICES (ACCESS OTHER CONTRACT) AGREEMENT NO.: ARFP098-12/ED THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Florida League of Cities, Inc. (sponsor of the Florida Municipal Insurance Trust), a Florida corporation (hereafter referred to as "Insurer"}, whose address is 125 East Colonial Drive, Orlando, Florida 32801. WHEREAS, Section 2-294 of the City's Code of Ordinances permits the City to "piggyback" an agreement awarded to another governmental agency pursuant to a competitive sealed solicitation; and WHEREAS, the Village of Wellington awarded a Contract through a competitively solicited Request for Proposals No.RFP098-12/ED to the Florida League of Cities, under the Florida Municipal Insurance Trust program (hereafter referred to as "FMIT") for the provision of property and casualty insurance services; and WHEREAS, the Contract's effective date is October 1, 2012, and expires on September 30, 2014, with the option to renew for two (2) additional years; and WHEREAS, the City desires to access this Contract and purchase property and casualty insurance services described therein, under the existing terms and conditions, and specific to the City's requirements and needs. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Insurer and the City agree as follows: Page 1 of 5 ------------------------------------------ ARTICLE 1. SCOPE OF SERVICES City of Palm Beach Gardens Agreement No. A-RFP098-12/ED The Insurer shall provide property and casualty insurance for Fiscal Year 2012-2013 as specified in the Coverage Proposal, which is attached hereto and incorporated herein as Exhibit "A". Subsequent to the execution of this Agreement, the City and Insurer shall mutually discuss and negotiate the final Scope of Services and the associated deductibles and final premiums for the provision of property and casualty insurance for the City, which shall be attached hereto and incorporated herein by written addendum. Notwithstanding these discussions, the Insurer shall serve the best interests of the City to the extent that the final negotiated scope, premiums, and deductibles shall not be more detrimental to the City's interest than what was presented in the initial Coverage Proposal. ARTICLE 2. PAYMENT The City will pay the Insurer based on the interest-free installment plan described in the Pricing Schedule, attached hereto and incorporated herein as Exhibit "B". In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. ARTICLE 3. TERM OF AGREEMENT The term of this Agreement shall be effective for two (2) years from October 1, 2012, until September 30, 2014, unless otherwise terminated in accordance with Article 4 of this Agreement. This Agreement may be extended or renewed for two (2) additional years by mutual written agreement of the parties. ARTICLE 4. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Insurer. This Agreement may be terminated by the Insurer upon sixty (60) days' prior written notice to the City. Upon any such termination, the Insurer waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Insurer is in breach of this Agreement, the City shall pay the Insurer for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 5. INDEMNIFICATION The Insurer recognizes that it is an independent Insurer and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Insurer's performance under this Agreement, the Insurer hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever. Page 2 of 5 City of Palm Beach Gardens Agreement No. A-RFP098-12/ED ARTICLE 6. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Insurer: City of Palm Beach Gardens 1 0500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Manager Facsimile: 561-799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Attorney Email: bchabre@pbgfl.com Florida League of Cities, Inc. 125 East Colonial Drive Orlando, Florida 32801 Attn: Jim McGinn Email: jmcginn@flcities.com b. Entire Agreement. This Agreement along with all exhibits, attachments and addendums constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and may not be modified or amended except by mutual written agreement of the parties. c. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. d. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. e. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. f. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue for all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. Page 3 of 5 -~ --~--------------------------------------- City of Palm Beach Gardens Agreement No. A-RFP098-12/ED 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. i. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. j. 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 non- prevailing party will pay the prevailing party's reasonable attorney's fees and costs, including appellate fees and costs. k. Equal Opportunity. The City and the Insurer agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age be discriminated against in the performance of this Agreement. ARTICLE 7. COMPENSATION The estimated contract amount is Nine Hundred Eighty-Eight Thousand Dollars ($988,000) for Fiscal Year 2012-2013. ARTICLE 8. OTHER FORMS OR DOCUMENTS If the City is required by the Insurer to complete and execute other forms or documents in relation to this Agreement, the terms, conditions, and requirements in this Agreement shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Insurer's forms or documents. The City Manager is specifically authorized to execute all necessary additional forms, addendums and/or extensions to this Agreement on the City's behalf. Page 4 of 5 1- City of Palm Beach Gardens Agreement No. A-RFP098-12/ED IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this __ day of __________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: _________________ _ David Levy, Mayor ATTEST: By: ___________ _ Patricia Snider, CMC, City Clerk Executed by the Insurer this __ day of _________ , 2012. WITNESSES: FLORIDA LEAGUE OF CITIES, INC. By: ____________________ _ Don Lund, Associate Director of Insurance Services By: __________ _ Print Name: _______ _ By: __________ _ Print Name: _______ _ G:\attorney_share\AGREEMENTS\FMIT-prop and casualty ins svcs-ARFP098-12-ED Draft Access Agreement.docx Page 5 of 5 EXHIBIT "A" SCOPE OF SERVICES City of Palm Beach Gardens Agreement No. A-RFP098-12/ED See attached Exhibit "A" and Premium Summary (based on initial Coverage Proposal) below: PREMIUM SUMMARY: COVERAGE LINE ANNUAL PREMIUM Blanket Real and Personal Property $205,134 Inland Marine Included Equipment Breakdown Coverage Included Crime and Bond Coverage Included General Liability Coverage $118,901 Public Officials E&O/Employment Practices Liability $97,391 Police Professional Liability $81,709 Automobile Liability $ 81,577 Automobile Physical Damage $ 31,327 Workers' Compensation Coverage $364,749 TOTAL FMIT PREMIUM $980,788 Accidental Death and Dismemberment $ 6,660 Executive Travel Accident TBD Storage Tank Liability TBD GRAND TOTAL PREMIUM $987,448 PREMIUM PAYMENTS NOT TO EXCEED $988,000 EXHIBIT "8" PRICING SCHEDULE INTEREST-FREE INSTALLMENT PLAN: City of Palm Beach Gardens Agreement No. A-RFP098-12/ED FIRST INSTALLMENT SECOND THIRD INSTALLMENT FOURTH INSTALLMENT INSTALLMENT 25% Minimum Due 25% Minimum Due 25% Minimum Due 25% Minimum Due October 1, 2012 January 1, 2013 April 1, 2013 July 1, 2013 Premium payments will be forwarded to the Florida League of Cities in Tallahassee. CITY OF PALM BEACH GARDENS COUNCH.. AGENDA September 13,2012 7:00P.M. Mayor Levy Vice Mayor Premuroso Council Member Tinsley Council Member Russo Council Member Jablin 1 I. PLEDGE OF ALLEGIANCE ' II. ROLL CALL /III. ADDITIONS, DELETIONS, MODIFICATIONS: ,. IV ANNOUNCEMENTS I PRESENTATIONS: --------------- ~ V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: .... VI. CITY MANAGER REPORT: ~ VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Oerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 6) APPROVE MINUTES FROM AUGUST 9, 2012 CITY COUNCIL MEETING. b. (Staff Report on Page 11, Resolution on Page 13) RESOLUTION 76, 2012- APPOINTING THE SUPERVISOR OF ELECTIONS AS ADDITIONAL MEMBER OF THE CANVASSING BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, AS AN ADDITIONAL MEMBER OF THE CITY'S CANVASSING BOARD; REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO CANVASS ALL ABSENTEE BALLOTS, TO CONDUCT THE LOGIC AND ACCURACY TESTING OF THE ELECTRONIC ELECTION MACHINERY AND TABULATION EQUIPMENT FOR THE CITY; CERTIFY THE RESULTS OF THE GENERAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. --------------------------------- c. (Staff Report on Page 16, Resolution on Page 18) RESOLUTION 82, 2012- INTERLOCAL AGREEMENT WITH JUPITER INLET COLONY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA BETWEEN THE CITY OF PALM BEACH GARDENS AND JUPITER INLET COLONY TO PROVIDE DISPATCH AND COMMUNICATIONS OPERATIONS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. (Staff Report on Page 30, Resolution on Page 32} RESOLUTION 83, 2012- APPROVE THE COLLECTIVE BARGAINING AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AND RATIFYING ARTICLE 28, SALARY PLAN, OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION/FLORIDA PUBLIC SERVICES UNION FOR THE FISCAL YEAR 2012-2013; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 38, Resolution on Page 40) RESOLUTION 85, 2012 - AUDITING SERVICES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDENDUM I TO THE AGREEMENT FOR INDEPENDENT AUDIT SERVICES WITH RAMPELL & RAMPELL, P A; AUTHORIZING THE MAYOR TO EXECUTE ADDENDUM I TO THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f. (Staff Report on Page 65, Resolution on Page 67) RESOLUTION 88, 2012- SUPPORT PROTECT OUR BEACHES, INC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SUPPORTING PROTECT OUR BEACHES, INC., A COALITION TO FINDING A PERMANENT, ECOLOGICALLY SOUND SOLUTION TO PROTECTING OUR BEACHES AND DUNES FROM EROSlON; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. g. (Page 69) TENNIS CONTRACTORS -DUE TO THE SUCCESS OF THE TENNIS PROGRAM, PATRICK MUNROE, AND HUY NGUYEN EXPECT TO EXCEED THE CONTRACT THRESHOLD OF $65,000.00 FOR FISCAL YEAR 2012-2013. MR. MUNROE AND MR. NGUYEN HAVE MADE IT POSSIBLE FOR THE CITY TO EARN ADDITIONAL REVENUE DUE TO THEIR PROFESSIONAL EXPERTISE AND POPULARITY WITH PATRONS. h. (Page 98) LOCAL COURIER SERVICES -THE CONTRACT WITH ZAP LOGISTICS, LLC, WILL ALLOW THE CITY TO PURCHASE LOCAL COURIER SERVICES FOR THE DELIVERY OF MAIL AND DEPOSITS TO THE BANK FOR VARIOUS CITY DEPARTMENTS. THIS AGREEMENT IS A PIGGYBACK OF A COMPETITIVELY BID AND AWARDED MIAMI-DADE COUNTY CONTRACT. EXTENSIVE MARKET RESEARCH WAS CONDUCTED TO LOCATE A CONTRACT TO PIGGYBACK FOR COURIER SERVICES. i. (Page 106) POOL CHEMICALS AND SUPPLIES-THE CONTRACT WITH GOMEZ CHEMICALS, INC DBA BEACH-0-RAMA WILL ALLOW THE CITY TO PURCHASE POOL CHEMICALS, SUPPLIES, AND RELATED ITEMS FOR THE RECREATION DIVISION AND TO MAINTAIN THE SWIMMING POOLS IN A HEAL THY AND SAFE CONDITION FOR USE BY CITY RESIDENTS AND OTHER PARTICIPANTS. j . (Page 124) JANITORIAL SUPPLIES AND CHEMICALS-RENEWAL OF AN AGREEMENT WITH INTERLINE BRANDS, INC. DBA AMSAN TO PIGGYBACK A CITY OF SUNRISE CONTRACT TO PURCHASE JANITORIAL SUPPLIES AND CHEMICALS. THE VARIOUS SUPPLIES AND CHEMICALS AVAILABLE ON THE CONTRACT WERE COMPETITIVELY SOLICITED AND MEET THE NEEDS AND REQUIREMENTS OF THE PARKS AND PUBLIC FACILITIES DEPARTMENT. k. (Page 139) CANAL LONG-LINE MOWING SERVICES -THE CONTRACT WITH THE GRASS ROOTS CORP. WILL ALLOW THE CITY TO PURCHASE CANAL LONG-LINE MOWING SERVICES FOR VARIOUS CITY PROPERTIES FOR A PERIOD OF FIVE YEARS. THE NEW CONTRACT PRICES ARE LESS THAN THE CURRENT PRICES BEING PAID TO THE INCUMBENT VENDOR AND THE CITY WILL REALIZE SAVINGS OF $78,818 OVER THE FIVE-YEAR TERM OF THE CONTRACT. THE PURCHASE OF CANAL LONG-LINE MOWING SERVICES IS NECESSARY FOR THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS AND MAINTAINS AN AESTHETIC OF CLEANLINESS AND ORDER FOR THE CITY. I. (Page 145} SUPPLEMENTAL AGREEMENT WITH BALLARD AND PARTNERS FOR CITY LOBBYING SERVICES -THE CITY AWARDED A CONTRACT .TO BALLARD PARTNERS, INC. FOR PROVISION OF APPROPRIATIONS LOBBYIST SERVICES, WITH AN EXPIRATION DATE OF SEPTEMBER 30, 2014. PURSUANT TO THE PROVISIONS OF THE AGREEMENT, THE CITY AND CONTRACTOR ARE REQUIRED TO AGREE ON A NEW PRICE FOR FISCAL YEARS 2012-2013 AND 2013-2014. THE CONTRACTOR HAS PROPOSED A FIXED AMOUNT NOT TO EXCEED ONE HUNDRED AND TWENTY THOUSAND DOLLARS ($120,000) (SIXTY THOUSAND DOLLARS - $60,000 PER YEAR) FOR THE REMAINDER OF THE CONTRACT TERM. IX. PUBLIC HEARINGS: <* Designates Ouasi-.Judicial Hearing) a. PRESENTATION OF THE FISCAL YEAR 201212013 BUDGET. b. (Staff Report on Page 150, Ordinance on Page 152) ORDINANCE 26, 2012- (1 ST READING) ADOPTING FISCAL YEAR 2012/2013 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. d. e. (Staff Report on Page 154, Ordinance on Page 157) ORDINANCE 22, 2012- (2tb READING AND ADOPTIO~ BUSINESS TAX LAW CHANGES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 66. TAXATION. AT ARTICLE II. BUSINESS TAX AND REGISTRATION. BY CREATING AN ENTIRELY NEW SECTION 66-65 TO PROVIDE A NEW STATUTORILY MANDATED EXEMPTION FOR REAL ESTATE BROKER ASSOCIATES AND SALES ASSOCIATES; BY RE-NUMBERING THE EXISTING SECTION 66-65 AND ALL FOLLOWING SECTIONS IN THIS ARTICLE ACCORDINGLY; AND BY AMENDING THE EXISTING FEE SCHEDULE TO CONFORM WITH THE NEW EXEMPTION AND ELIMINATE THE BUSINESS TAX FOR INDIVIDUAL REAL ESTATE SALES AGENTS AND BROKERS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66. TAXATION. SHALL REMAIN THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Staff Report on Page 165, Ordinance on Page 168) ORDINANCE 23, 2012- (21111 READING AND ADOPTION) FIRE PENSION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 38. FIRE PREVENTION AND PROTECTION. OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AT ARTICLE It FIREFIGHTERS' PENSION FUND. IN ORDER TO IMPLEMENT PROVISIONS OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ClTY OF PALM BEACH GARDENS AND THE PROFESSIONAL FIREFIGHTERS AND PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.; AMENDING SECTION 38-51 . DEFINITIONS. BY REVISING THE DEFINITION OF "SALARY"; AMENDING SECTION 38-55. CONTRIBUTIONS. PROVIotNG FOR AN INCREASE IN MEMBER CONTRIBUTIONS AND PROVIDING FOR A DECREASE IN MEMBER CONTRIBUTIONS TO BE FUNDED BY EXCESS PREMIUM TAX REVENUES; AMENDING SECTION 38-56. BENEFIT AMOUNTS AND ELIGIBILITY . REVISING THE NORMAL RETIREMENT BENEFIT AND REVISING THE COST OF LIVING ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Staff Report on Page 174, Ordinance on Page 176) ORDINANCE 24, 2012- (2 Nb READING AND ADOPTION) AMENDMENTS TO THE POLICE PENSION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 50-POLICE OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AT ARTICLE Ill, POLICE OFFICERS' RETIREMENT TRUST FUND. IN ORDER TO IMPLEMENT THE CITY COUNCIL'S ACTON RESOLVING THE IMPASSE IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION; AMENDING SECTION 50-61 . DEFINITIONS., BY REPEALING THE DEFINITION OF "SALARY" AND READOPTING SAME, AS REVISED; BY REPEALING SECTION 50-116. NORMAL RETIREMENT. AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE NORMAL RETIREMENT DATE AND BENEFITS; BY REPEALING SECTION 50-135. ANNUAL ADJUSTMENTS. AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE COST OF LIVING ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f_ (Staff Report on Page 192, Ordinance on Page 194) ORDINANCE 25, 2012- (2.., READING AND AOOPTIONl CLARIFY LANGUAGE FOR CANVASSING BOARD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA BY REPEALING SECTIONS 26-2 AND 26-17 AND READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY THE CITY CLERK'S ELECTION DUTIES AND TO REVISE THE COMPOSITION OF THE CITY'S CANVASSING BOARD; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. *(Staff Report on Page 197, Resolution on Page 241) RESOLUTION 81, 2012 -DOWNTOWN AT THE GARDENS SHARED PARKING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE DOWNTOWN AT THE GARDENS SITE PLAN TO APPROVE A SHARED PARKING STUDY AND MODIFY CONDITIONS OF APPROVAL RELATED TO LIGHTING, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 278, Resolution on Page 280) RESOLUTION 86, 2012 -PROPERlY AND CASUALTY lNSURANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH FLORIDA LEAGUE OF CITIES, INC. (SPONSOR OF THE FLORIDA MUNICIPAL INSURANCE TRUST (FMIT)) FOR PROPERTY AND CASUALTY INSURANCE COVERAGE; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XID. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to lliiJ' matter considered at this public hearing, such interested persons wiU need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing specilll accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City aerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistturce, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. f srl9ttr~· 7; o 1 l:f}J J) ; 'I ! ()'{) CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 13, 2012 7:00P.M. Mayor Levy Vice Mayor Prem uroso Council Member Tinsley Council Member Russo Council Member Jablin I. ,/ PLEDGE OF ALLEGIANCE II. ./ROLL CALL III. /ADDITIONS, DELETIONS, MODIFICATIONS: IV V'i\.NNOUNCEMENTS I PRESENTATIONS: ' V. /ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: " VI. /CITY MANAGER REPORT: VII. /coMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit reguest form to the City Clerk prior to this Item) ~ ,.Q VIII. CONSENT AGENDA: a. (Page 6) APPROVE MINUTES FROM AUGUST 9, 2012 CITY COUNCIL MEETING. b. (Staff Report on Page 11. Resolution on Page 13) RESOLUTION 76, 2012- APPOINTING THE SUPERVISOR OF ELECTIONS AS ADDITIONAL MEMBER OF THE CANVASSING BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, AS AN ADDITIONAL MEMBER OF THE CITY'S CANVASSING BOARD; REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO CANVASS ALL ABSENTEE BALLOTS, TO CONDUCT THE LOGIC AND ACCURACY TESTING OF THE ELECTRONIC ELECTION MACHINERY AND TABULATION EQUIPMENT FOR THE ClTY; CERTIFY THE RESULTS OF THE GENERAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Staff Report on Page 16, Resolution on Page 18) RESOLUTION 82, 2012- INTERLOCAL AGREEMENT WITH JUPITER INLET COLONY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA BETWEEN THE CITY OF PALM BEACH GARDENS AND JUPITER INLET COLONY TO PROVIDE DISPATCH AND COMMUNICATIONS OPERATIONS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. (Staff Report on Page 30, Resolution on Page 32) RESOLUTION 83, 2012 - APPROVE THE COLLECTIVE BARGAINING AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AND RATIFYING ARTICLE 28, SALARY PLAN , OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION/FLORIDA PUBLIC SERVICES UNION FOR THE FISCAL YEAR 2012-2013; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e . (Staff Report on Page 38, Resolution on Page 40) RESOLUTION 85, 2012- AUDITING SERVICES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDENDUM I TO THE AGREEMENT FOR INDEPENDENT AUDIT SERVICES WITH RAMPELL & RAMPELL, P.A.; AUTHORIZING THE MAYOR TO EXECUTE ADDENDUM I TO THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . f. (Staff Report on Page 65, Resolution on Page 67) RESOLUTION 88, 2012 - SUPPORT PROTECT OUR BEACHES, INC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLOR IDA SUPPORTING PROTECT OUR BEACHES, INC., A COALITION TO FINDING A PERMANENT, ECOLOGICALLY SOUND SOLUTION TO PROTECTING OUR BEACHES AND DUNES FROM EROSION ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. g . (Page 69) TENNIS CONTRACTORS -DUE TO THE SUCCESS OF THE TENNIS PROGRAM, PATRICK MUNROE, AND HUY NGUYEN EXPECT TO EXCEED THE CONTRACT THRESHOLD OF $65 ,000.00 FOR FISCAL YEAR 2012-2013. MR. MUNROE AND MR. NGUYEN HAVE MADE IT POSSIBLE FOR THE CITY TO EARN ADDITIONAL REVENUE DUE TO THEIR PROFESSIONAL EXPERTISE AND POPULARITY WITH PATRONS. h. (Page 98) LOCAL COURIER SERVICES -THE CONTRACT WITH ZAP LOGISTICS, LLC, WILL ALLOW THE CITY TO PURCHASE LOCAL COURIER SERVICES FOR THE DELIVERY OF MAIL AND DEPOSITS TO THE BANK FOR VARIOUS CITY DEPARTMENTS. THIS AGREEMENT IS A PIGGYBACK OF A COMPETITIVELY BID AND AWARDED MIAMI-DADE COUNTY CONTRACT. EXTENSIVE MARKET RESEARCH WAS CONDUCTED TO LOCATE A CONTRACT TO PIGGYBACK FOR COURIER SERVICES. i. (Page 106) POOL CHEMICALS AND SUPPLIES -THE CONTRACT WITH GOMEZ CHEMICALS, INC DBA BEACH-0-RAMA WILL ALLOW THE CITY TO PURCHASE POOL CHEMICALS, SUPPLIES, AND RELATED ITEMS FOR THE RECREATION DIVISION AND TO MAINTAIN THE SWIMMING POOLS IN A HEAL THY AND SAFE CONDITION FOR USE BY CITY RESIDENTS AND OTHER PARTICIPANTS . j. (Page 124) JANITORIAL SUPPLIES AND CHEMICALS -RENEWAL OF AN AGREEMENT WITH INTERLINE BRANDS, INC. DBA AMSAN TO PIGGYBACK A CITY OF SUNRISE CONTRACT TO PURCHASE JANITORIAL SUPPLIES AND CHEMICALS. THE VARIOUS SUPPLIES AND CHEMICALS AVAILABLE ON THE CONTRACT WERE COMPETITIVELY SOLICITED AND MEET THE NEEDS AND REQUIREMENTS OF THE PARKS AND PUBLIC FACILITIES DEPARTMENT. k. (Page 139) CANAL LONG-LINE MOWING SERVICES -THE CONTRACT WITH THE GRASS ROOTS CORP. WILL ALLOW THE CITY TO PURCHASE CANAL LONG-LINE MOWING SERVICES FOR VARIOUS CITY PROPERTIES FOR A PERIOD OF FIVE YEARS. THE NEW CONTRACT PRICES ARE LESS THAN THE CURRENT PRICES BEING PAID TO THE INCUMBENT VENDOR AND THE CITY WILL REALIZE SAVINGS OF $78,818 OVER THE FIVE-YEAR TERM OF THE CONTRACT. THE PURCHASE OF CANAL LONG-LINE MOWING SERVICES IS NECESSARY FOR THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS AND MAINTAINS AN AESTHETIC OF CLEANLINESS AND ORDER FOR THE CITY. I. (Page 145) SUPPLEMENTAL AGREEMENT WITH BALLARD AND PARTNERS FOR CITY LOBBYING SERVICES -THE CITY AWARDED A CONTRACT TO BALLARD PARTNERS , INC. FOR PROVISION OF APPROPRIATIONS LOBBYIST SERVICES, WITH AN EXPIRATION DATE OF SEPTEMBER 30, 2014. PURSUANT TO THE PROVISIONS OF THE AGREEMENT, THE CITY AND CONTRACTOR ARE REQUIRED TO AGREE ON A NEW PRICE FOR FISCAL YEARS 2012-2013 AND 2013-2014. THE CONTRACTOR HAS PROPOSED A FIXED AMOUNT NOT TO EXCEED ONE HUNDRED AND TWENTY THOUSAND DOLLARS ($120,000) (SIXTY THOUSAND DOLLARS- $60,000 PER YEAR) FOR THE REMAINDER OF THE CONTRACT TERM. IX. PUBLIC HEARINGS:<* Designates Quasi-Judicial Hearing) a. / PRESENTATION OF THE FISCAL YEAR 2012/2013 BUDGET. b . (Staff Report on Page 150, Ordinance on Page 152) ORDINANCE 26, 2012- (1ST READING) ADOPTING FISCAL YEAR 2012/2013 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012 , AND ENDING SEPTEMBER 30, 2013; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES. c . ,/ (Staff Report on Page 154, Ordinance on Page 157} ORDINANCE 22, 2012- (2 ND READING AND ADOPTION) BUSINESS TAX LAW CHANGES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH f{'~ GARDENS, FLORIDA AMENDING CHAPTER 66. TAXATION. AT ARTICLE II. d. e. BUSINESS TAX AND REGISTRATION. BY CREATING AN ENTIRELY NEW SECTION 66-65 TO PROVIDE A NEW STATUTORILY MANDATED EXEMPTION FOR REAL ESTATE BROKER ASSOCIATES AND SALES ASSOCIATES; BY RE-NUMBERING THE EXISTING SECTION 66-65 AND ALL FOLLOWING SECTIONS IN THIS ARTICLE ACCORDINGLY; AND BY AMENDING THE EXISTING FEE SCHEDULE TO CONFORM WITH THE NEW EXEMPTION AND ELIMINATE THE BUSINESS TAX FOR INDIVIDUAL REAL ESTATE SALES AGENTS AND BROKERS ; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66. TAXATION. SHALL REMAIN THE SAME AS PREVIOUSLY ADOPTED ; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . (Staff Report on Page 165, Ordinance on Page 168} ORDINANCE 23, 2012- (2"a READING AND ADOPTION) FIRE PENSION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 38. FIRE PREVENTION AND PROTECTION. OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AT ARTICLE II. FIREFIGHTERS' PENSION FUND. IN ORDER TO IMPLEMENT PROVISIONS OF THE 2012-2015 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PROFESSIONAL FIREFIGHTERS AND PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.; AMENDING SECTION ~8-51 . DEFINITIONS. BY REVISING THE DEFINITION OF "SALARY"; AMENDING SECTION 38-55. CONTRIBUTIONS . PROVIDING FOR AN INCREASE IN MEMBER CONTRIBUTIONS AND PROVIDING FOR A DECREASE IN MEMBER CONTRIBUTIONS TO BE FUNDED BY EXCESS PREMIUM TAX REVENUES; AMENDING SECTION 38-56. BENEFIT AMOUNTS AND ELIGIBILITY. REVISING THE NORMAL RETIREMENT BENEFIT AND REVISING THE COST OF LIVING ADJUSTMENT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Staff Report on Page 174, Ordinance on Page 176} ORDINANCE 24, 2012- (2 ND READING AND ADOPTION) AMENDMENTS TO THE POLICE PENSION . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 50-POLICE OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AT ARTICLE Ill, POLICE OFFICERS' RETIREMENT TRUST FUND. IN ORDER TO IMPLEMENT THE CITY COUNCIL'S ACTON RESOLVING THE IMPASSE IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION; AMENDING SECTION 50-61. DEFINITIONS., BY REPEALING THE DEFINITION OF "SALARY" AND READOPTING SAME, AS REVISED; BY REPEALING SECTION 50-116. NORMAL RETIREMENT. AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE NORMAL RETIREMENT DATE AND BENEFITS; BY REPEALING SECTION 50-135. ANNUAL ADJUSTMENTS . AND READOPTING SAME, AS REVISED IN ORDER TO AMEND THE COST OF LIVING ADJUSTMENT ; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . •' f. g. (Staff Report on Page 192, Ordinance on Page 194) ORDINANCE 25, 2012- (2"a READING AND ADOPTION) CLARIFY LANGUAGE FOR CANVASSING BOARD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS . OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS, FLORIDA BY REPEALING SECTIONS 26-2 AND 26-17 AND READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY THE CITY CLERK'S ELECTION DUTIES AND TO REVISE THE COMPOSITION OF THE CITY'S CANVASSING BOARD; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. *(Staff Report on Page 197, Resolution on Page 241) RESOLUTION 81 , 2012 -DOWNTOWN AT THE GARDENS SHARED PARKING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE DOWNTOWN AT THE GARDENS SITE PLAN TO APPROVE A SHARED PARKING STUDY AND MODIFY CONDITIONS OF APPROVAL RELATED TO LIGHTING, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a . (Staff Report on Page 278, Resolution on Page 280) RESOLUTION 86, 2012 -PROPERTY AND CASUALTY INSURANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH FLORIDA LEAGUE OF CITIES, INC. (SPONSOR OF THE FLORIDA MUNICIPAL INSURANCE TRUST (FMIT)) FOR PROPERTY AND CASUALTY INSURANCE COVERAGE; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. /fTEMS FOR COUNCIL ACTION/DISCUSSION: XII . .......-CITY ATTORNEY REPORT: XIII. vADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. Name : Address: Subject: COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting . The time limit for each speaker is limited to three (3) minutes. Please Print COMMENTS FROM THE PUBLIC Request to Address City-Council Name : JR \.' Sci1el ~L Add r ess: }()2.? S!/5f\JA Ohf CrfL Ct.) g3 Y I 0 City: -ee (;/ Subj ect: fc;6Lf e . Celp1 fYl~ : e{lfu_o7 fc.e-?7fo,V5 ( Members· of the public may address the City Council during the "Comments by the Public" :pqrtion of ttie agenda and during "Public Hearings". This Request to Address the City Cou nciL must be delivered to the City Clerk prior to the commencement of the meeting . The time limit for each speaker is ·limited to three (3) minutes. Please Print Name : Add ress : City: Subject: COMMENTS FROM THE PUBLIC Request to Address City Council J,( ~ tJ ~AI ~, z:~-nd ~Sit ~ ,.1-0 Tu 1\,) f..6.G, fl ~{{,h /, L Co leA ,j:tr All 1-I Wd Jl /:::_ r;;. ~ J? ~ I Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC ' Request to Address City· Council Please Nam e : Add r ess: ~ .... City: ----------1>--_l---,.__=-..J'-----------------.-----:-------- Subj ect: ED [I bi.J 1he clt cr Du f n " 11 h 1--C'~'(JilL~· . fy1embers· of the public may address the City Council during the "Comments by the Public" ."portion of the agenda and during "Public Hearings". This Request to Address the City Coun cil . must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. 'f/13/1~ ci""f ~c.."L ,4A.c.erJ~. ~~ aY.;rb ~ ltk-•.....t.. 6'( J-\~o,c.. Lhl'/-(ji) Toni~::ht we are holdin2 quasi-judicial hearings on the following cases • *RESOLUTION 81, 2012 -DOWNTOWN AT THE GARDENS SHARED PARKING. This means that the City Council is required by law to base its decision on the evidence contained in the record of this proceeding, which consists of the testimony at the hearing, the materials which are in the official City file on this application and any documents presented during this hearing. The Council is also required by law to allow cross-examination of any witnesses who testify tonight. Cross- examination may occur after the staff, the applicant and other participants have made their presentations and will be permitted in the order of the witnesses' appearance. It is necessary that anyone who testifies at the hearing remain until the conclusion of the hearing in order to be able to respond to any questions. If you plan to testify this evening, or wish to offer written comments, please fill out a card and give it to the City Clerk. The City Clerk will now swear in all persons who intend to offer testimony this evening on any of these cases. --------------------------------~ q/13/1"' e;ry CovtAJelL tV\:c.e.rl~s. LofiU o~.rrrib~'lz> ~ Ct>J~e.i, .. , c.."1 ~~,eM fJfrrW' A "'f 'f.. t!.(~ Cu4 ~ • (!i::> GRS Gabriel Roeder Smith & Company One Towne Square 248.799.9000 phone Consultants & Actuaries Suite 800 248.799.9020 fax Southfield, MI 48076-3723 www.gabrielroeder.com September 12, 2012 Audrey Ross, Administrator Palm Beach Gardens Firefighters' Pension Fund The Pension Resource Center, Inc. 4360 Northlake Boulevard, 'Suite 206 Palm Beach Gardens, Florida 33410 Dear Audrey: Enclosed are 5 copies of the Impact Statement and Actuarial Cost Estimate for the proposed ordinance amendment to the Palm Beach Gardens Firefighters' Pension Fund. A copy of the Imp~ct Statement should be sent, together with a copy of the proposed ordinance to: Department of Management Services Local Retirement Section Division of Retirement Post Office Box 9000 Tallahassee, Florida 32315-9000 Respectfully submitted, ~LM~ Brad Lee Armstrong BLA:bd Enclosures cc: Board ofTrustees Pedro Herrera, Esq. ' ., .. City of Palm Beach Gardens Firefighters' Retirement System ACTUARIAL IMPACT STATEMENT-SEPTEMBER 12,2012 DESCRIPTION OF AMENDMENT • Redefme salary to exclude overtime and payments for unused accrued sick and annual leave for salary earned after September 13,2012 for all active members. • Member contributions shall be increased by 4.8% of salary (equal to a total of $507,634 for all contributing members) effective October I, 2012. Also effective on that date, premium tax revenues received by the City in excess of 2% of total salary of all members but not more than $507,634 will be used to reduce the member contributions to 6% of salary. If the premium tax revenue is insufficient to buy the member contributions down to 6%, the City will make up the difference. • The maximum retirement benefit is 75% of average final compensation for members retiring on or after the effective date of the ordinance. Active members who are eligible for normal retirement on the effective date of the ordinance are not affected by this change. Active members whose accrued benefit is greater than 75% of average final compensation on the effective date of the ordinance shall not have any reduction in accrued benefit. • The COLA percent for service earned on or after the effective date of the ordinance shall be 1.5% for members 55 years and older. Active members who are eligible for normal retirement on the effective date of the ordinance are not affected by this COLA change. FuNDING IMPLICATIONS OF AMENDMENT An actuarial cost estimate for the amendment is attached. CERTIFICATION OF ADMINISTRATOR A description of the amendment has been furnished to the actuary. I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X, of the Constitution of the State of Florida. ____________ __,Administrator City of Palm Beach Gardens Firefighters' Retirement System 9/12/12 GABRIEL ROEDER SMITH & COMPANY 1 .. , City of Palm Beach Gardens Firefighters Retirement System ACTUARIAL COST ESTIMATE-SEPTEMBER 12, 2012 DESCRIPTION OF AMENDMENT • Redefme salary to exclude overtime and payments for unused accrued sick and annual leave for salary earned after September 13,2012 for all active members. • Member contributions shall be increased by 4.8% of salary (equal to a total of $507,634 for all contributing members) effective October 1, 2012. Also effective on that date, premium tax revenues received by the City in excess of 2% of total salary of all members but not more than $507,634 will be used to reduce the member contributions to 6% of salary. If the premium tax revenue is insufficient to buy the member contributions down to 6%, the City will make up the difference. • The maximum retirement benefit is 75% of average final compensation for members retiring on or after the effective date of the ordinance. Active members who are eligible for normal retirement on the effective date of the ordinance are not affected by this change. Active members whose accrued benefit is greater than 75% of average final compensation on the effective date of the ordinance shall not have any reduction in accrued benefit. • The COLA percent for service earned on or after the effective date of the ordinance shall be 1.5% for members 55 years and older. Active members who are eligible for normal retirement on the effective date of the ordinance are not affected by this COLA change. DATA AND ASSUMPTIONS The data and experience estimates used for the cost estimate were the same as used for the September 30, 2011 actuarial valuation, except the redefmition of salary was assumed to reduce pensionable payroll by 8% (based on analysis of substantive payroll data received from the City) and the exclusion of payments for unused accrued sick and annual leave after September 13, 2012 was assumed to change the load on pensionable payroll for purposes of determining normal retirement benefits from 4.5% to 3.0%. The change to a bifurcated COLA structure was valued explicitly. Changes in actuarial accrued liabilities were amortized as a level percent-of-payroll over 25 years. 9/12/12 GABRIEL ROEDER SMITH & COMPANY 2 ; FuNDING IMPLICATIONS OF AMENDMENTS Before Amendments Normal Cost 26.26% Unfunded Act. Accr. Liab. 18.38% Temp. Full Fm1ding Credit 0.000/o FS112.64(5) Compliance 0.000/o Admin. and Invest. Expenses 2.88% Total 47.52% Less Member Portion 6.00% Less Chapter 175 Portion 1.91% Additional Premium Tax Revenue 0.00% City Portion 39.61% Illustrative Dollar City Portion $ 4,503,923 ALLOCATION OF CONTRIBUTION INCREASE/{DECREASE) To Member To Chapter 175 To City After Amendments 23.01% 15.35% 0.00% 0.000/o 2.88% 41.24% 5.44% 6.40% 0.00% 29.40% $ 3,347,645 (0.56)% 4.49% (10.21)% Change from Amendments (3.25)% (3.03)% 0.00% 0.00% 0.00% (6.28)% (0.56)% 4.49% 0.00% (10.21)% $ (1,156,278) The rates shown on this page are represented as percents of payroll using the current defmition of salary in order to allow easier comparison and addition and subtraction between the columns. The After Amendment column Less Chapter 175 Portion was adjusted to coincide with the prior plan year salaries used to determine the 1.91% in the Before Amendments column. The After Amendment rates are NOT the rates that would be expected to appear in a future report that uses the proposed definition of salary to determine actual contributions for an applicable future fiscal year, nor should they be used to amend the September 30, 2011 actuarial valuation report. The Illustrative Dollar City Portion shown above is able to be used to amend the illustrative Base City Contribution shown on page B-3 of that report for budgeting purposes. 9/12/12 GABRIEL ROEDER SMITH & COMPANY 3 -------------------------------------~-------------------- ACTUARIAL PRESENT VALUES{$ IN THOUSANDS) Before After Change from Amendments Amendments Amendments Actuarial Present Value for: Retired m em bers & benef. $ 10,877 $ 10,877 $ Vested terminated members 502 502 Active member Service pensions $ 61,353 $ 53,711 $ (7,642) Vested term. pensions 1,209 1,079 (130) Disability pensions 444 409 (35) Survivor benefits 255 232 (23) Termination refunds 543 499 {442 Total active members 63,804 55,930 (7,874) Total APV of Prospective Benefits 75,183 67,309 (7,874) Actuarial Accrued Liability 57,098 51,773 (5,324) Unfunded Actuarial Accred Liab. 21,946 16,622 (5,324) APV Member Future Salary 61,199 55,495 (5,704) APV Member Future Contributions 3,672 3,330 (342) Brad Lee Armstrong, ASA EA[ll-5614] 9112112 GABRIEL ROEDER SMITH & COMPANY 4