HomeMy WebLinkAboutAgenda Council Agenda 050610
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 6, 2010
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS / PRESENTATIONS:
a. RECOGNITION OF EMPLOYEE RYAN BARROWS – VALEDICTORIAN,
CLASS OF 2010 WILLIAM T. DWYER HIGH SCHOOL.
b. AIMEE CRAIG CARLSON, FLORIDIANS FOR SMARTER GROWTH,
REGARDING AMENDMENT 4.
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. (Staff Report on Page 4, Resolution on Page 45) RESOLUTION 18, 2010 –
INTERLOCAL AGREEMENT AMENDMENT. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING THE FIRST AMENDMENT TO THE INTERLOCAL
AGREEMENT PROVIDING FOR HEIGHTENED REVIEW REGARDING
LANDS LOCATED WITHIN THE WESTERN NORTHLAKE CORRIDOR
PLANNING AREA BETWEEN THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, AND THE CITY OF WEST PALM BEACH;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Barnett
b. (Staff Report on Page 53, Resolution on Page 55) RESOLUTION 23, 2010 -
AGREEMENT WITH THE PORT AUTHORITY OF NEW YORK AND NEW
JERSEY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO
CONFIRM AND MEMORIALIZE THE TRANSFER OF FULL AND
COMPLETE LEGAL OWNERSHIP TO THE CITY OF PALM BEACH
GARDENS OF A PIECE OF STEEL OF THE FORMER WORLD TRADE
CENTER TO BE USED FOR THE 09.11.01 MEMORIAL; AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
c. (Page 69) PROCLAMATION – WATER REUSE WEEK.
d. (Page 70) PROCLAMATION – WILD AND SCENIC LOXAHATCHEE
RIVER DAY.
IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing)
a. (Staff Report on Page 71, Ordinance on Page 73) ORDINANCE 7, 2010 –
(1st READING) BUSINESS TAX RECEIPT (OCCUPATIONAL LICENSE).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 66. TAXATION.
BY REPEALING ARTICLE II. OCCUPATIONAL LICENSE. IN ITS
ENTIRETY AND READOPTING A NEW ARTICLE II WITH A NEW TITLE
SUCH THAT ARTICLE II. SHALL NOW BE ENTITLED “BUSINESS TAX
AND REGISTRATION” IN ORDER TO COMPLY WITH CHAPTER 205,
FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
X. RESOLUTIONS:
a. (Staff Report on Page 92, Resolution on Page 95) RESOLUTION 19, 2010 -
PIGGYBACK AGREEMENT TO CXT, INC. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING A “PIGGYBACK” AGREEMENT WITH CXT, INC. FOR THE
PURCHASE OF A PRE-FABRICATED CONCRETE FLUSH TOILET
BUILDING TO BE LOCATED AT PGA NATIONAL PARK VIA AN
EXISTING CONTRACT WITH LEON COUNTY (NO. BC-07-16-09-51);
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Page 140) BIOSCIENCE LAND PROTECTION ADVISORY BOARD
(BLPAB) BY-LAWS REVISION.
b. CITY MANAGER EVALUATION.
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 CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: May 6,2010
Resolution 18.2010
SubjecUAgenda Item:
Resolution 18, 2010: Amendment to the Interlocal Agreement for the Western
Northlake Corridor Land Use Study (WNCLUS)
Adoption Hearing: First Amendment to the Interlocal Agreement providing for
heightened review for lands located within the WNCLUS.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Development
Compliance
Bahareh Wolfs, AlCP
Interim Growth
Management
Administrator
City Mgnapr
Originating Dept.:
Growth
Management:
Project
Manager
Richard J. Marrero
Sr. Planner
[ 3 Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
@
Advertised:
Date: N/A
Paper: PB Post
[ ] Not Required
Affected parties:
[ ] Notified
[XI Not Required
FINANCE:
Finance
Administrator - N/A
Allan Owens
costs:
$- N/A
Total
$- N/A
Funding Source:
[ ] Operating
[XI
Other N/A
Current FY
Budget Acct.#:
NA
Council Action:
[ ]Approval
[ IAPP.W/ conditions
[ ] Denial
[ ] Continued
to:
Attachments:
0 Resolution 56,
1999
0 Resolution 114,
1998
0 Updated Data and
Analysis Tables
0 Resolution 18,
201 0
0 lnterlocal
Agreement
0 Map 1 -Corridor
Boundary
Meeting Date: May 6,2010
Petition No. MISC-I 0-04-000068
Resolution 18,2010
EXECUTIVE SUMMARY
The proposed amendment is to update the lnterlocal Agreement related to the Western
Northlake Corridor Land Use Study ("Study"), which reaffirms the City's commitment to
utilize the Study as a tool to manage growth within the western corridor. The
amendment proposes to update the Study reflecting changes within, or in the vicinity of,
the WNCLUS area, and provide for additional public notice requirements for
homeowner's associations and residents within the corridor (see Map 1 below of the
WNCLUS boundary). Currently, there are four (4) properties included within the Study
that are located in the City. These properties are: Vavrus Ranch, the City Municipal Golf
Course, and two (2) conservation parcels owned by Palm Beach County.
v stem Nortb zis
2
BACKGROUND
Meeting Date: May 6, 2010
Petition No. MIX-I 0-04-000068
Resolution 18,2010
On November 5, 1998, the City of Palm Beach Gardens executed a resolution (see
attached Resolution 114, 1998) acknowledging the Study as a policy and growth
management guide. The City of Palm Beach Gardens, the City of West Palm Beach,
and Palm Beach County signed an Interlocal Agreement in 1999 (see attached
Resolution 56, 1999) in order to ensure “efficient and orderly development, and
intergovernmental coordination and cooperation and provide heightened review of
development proposals” in the western areas along Northlake Boulevard.
In 2005, the County and the Cities decided that it is appropriate to update the Study to
reassess the need for commercial uses, substantial changes in population and amount
of potential non-residential development, as well as other changes in the Study area.
The update ensures that a relevant guide to land use remains in the Western Northlake
Corridor.
In 2008, a team comprised of staff from Palm Beach County, the Indian Trail
Improvement District, and the cities of West Palm Beach and Palm Beach Gardens
reinstated efforts to evaluate changed conditions since 1999, and determine need and
supply of office and commercial space within the area of study. The team has agreed
that the recommendations in the original study remain valid.
SUMMARY OF THE UPDATED STUDY
The Study was prepared and adopted in 1998, with a Status Report in 1999. The
original study recommended periodically updating the commercial and office square
footage estimates. The tasks included updating the commercial and office needs
analysis of the subject area (see Map 1) to determine what these needs will be in the
mid/long-term growth along the corridor. After reviewing buildout figures, land use
approvals, and growth in the last 10 years, the main finding of the study is that, based
upon approved and existing uses, the commercial and office needs of the WNCLUS
area are met through buildout (expected to occur around 2025), according to Future
Land Use designations and densities.
To date, commercial and/or office approvals in the WNCLUS Market Area total 587,885
SF, of which 189,463 SF have been built (please see Table 1 for the boundaries of the
Market Area). It is expected that the entirety of the approved square footage will be
exercised as the area develops. To determine the existing commercial/office needs of
the Market Area, a multiplier of 27 SF per person was proposed, and said number is
consistent with approved/existing square footage per capita, recent research produced
as part of the Central Western Communities Overlay, the county’s Commercial Needs
Analysis, and national averages. As of 2008, the WNCLUS Market Area has a
population of 16,443 (Table I), which would necessitate 443,961 SF of
commercialloffice space. By the expected 2025 buildout, staff anticipates that the
population of 18,982 would need 512,514 SF of commercial/office space based on the
multiplier above; therefore, approvals to date exceed the buildout demand of the area
3
by 75,371 SF.
Meeting Date: May 6, 2010
Petition No. MISC-I 0-04-000068
Resolution 18,2010
An alternative analysis can be performed using the 2008 population (16,443 people)
and the current amount of households (6,277). In this scenario, the number of people
per household for the area is 2.61 persons/household. At buildout of the area (8,126
homes), the area would house 21,208 people who would need 572,616 SF of
commercial office, using the 27 SF multiplier.
Using either method, the land use approvals in the area have the capacity to provide the
needs for commercial and office uses to 2025 or buildout, respectively.
PU BLlC PARTlCl PATlON
As part of the collaborative efforts, the staff team presented these findings to the local
community on January 12, 2010, at Seminole Ridge Community High School. The
session was attended by almost 50 residents and land/business owners. During the
questions and comments portion of the session, residents stressed their desire to be
notified earlier when land development proposals are filed with the local governments.
It is important to note that there were no objections issued by the residents as to the
findings and conclusions of the Study.
Palm Beach County has scheduled the amended Interlocal Agreement for the Board of
County Commissioners agenda on May 27, 2010. Also, the City of West Palm Beach
has scheduled the Interlocal Agreement for the City Commission meeting on May 17,
201 0.
SUMMARY OF PROPOSED AMENDMENTS TO THE PREVIOUS INTERLOCAL
AGREEMENT LANGUAGE
The following is proposed to be included with the subject amendment (deletions are
&u& and new language is underlined).
SECTION 2.
hereafter read as follows:
Section 6 as set forth in the Agreement is hereby amended to
SECTION 6. Commitment by each Local Government to Consider the
Findings of the Western Northlake Boulevard Corridor Land Use
Study and to Provide the mtv to UDUte su
The County and the Cities hereby approve of the Western
Northlake Corridor Land Use Study as a policy and growth management
guide and an expression of the desires of the community in the review of
development proposals and plan amendments, and encourage
intergovernmental cooperation and coordination through the
implementation of the study findings. The County and the Cities
encourage updates of the Studv when determined necessary by the
respective planning directors.
..
4
Meeting Date: May 6, 2010
Petition No. MISC-10-04-000068
Resolution 18,2010
[Note: The proposed language in Section 6 encourages the Study to
be reviewed and updated by each jurisdictional government’s
planning directors as necessary. Any updates to the Study would
require a coordinated review and approval by all parties to the
agreement. Staff recommends approval of the language proposed in
Section 6.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of Resolution 18,201 0.
5
I March 26, 1999
RESOLUTION 56,1999
A RESOLUTION OF THE CIlY COUNCIL OF THE CIW OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN
THE CITY AND PALM BEACH COUNTY AND THE CITY OF
WEST PALM BEACH FOR HEIGHTENED REVIEW WITHIN
THE WESTERN NORTHLAKE BOULEVARD CORRIDOR
PLANNING AREA; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens has adopted
Resolution 1 14, 1998 which acknowledges the Western Northlake Corridor Land Use
Study as a policy and growth management guide; and
WHEREAS, the City Council of the City of Palm Beach Gardens desires to
further coordinate planning efforts along said corridor with Palm Beach County and
West Palm Beach.
VOTE: AYE NAY ABSENT
w
/
MAYOR RUSSO --
VICE-MAYOR FURTADO --
COUNCILMAN JABLlN --
COUNCILMAN CLARK --
COUNCILMAN SABATELLO -/-
P
0-
RESOLUTION 56,1999
PAGE 2
R99 695D'
INTERLOCAL AGREEMENT ENTERED INTO BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, THE CITY OF PALM BEACH
GARDENS AND THE CITY OF WEST PALM BEACH PROVIDING FOR HEIGHTENED
REVIEW REGARDING LANDS LOCATED WITHIN THE WESTERN NORTHLAKE
BOULEVARD CORRIDOR PLANNING AREA.
between the City
of Palm Beach Gardens, the City of West Palm Beach, hereinafter referred to as "Cities," and
Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as
"County." (The Cities and the County are jointly referred to herein as "parties.")
APR 2 0 1999 This lnterlocal Agreement is made this day of
WHEREAS, both the County and the Cities exercise comprehensive planning authority
pursuant to the Local Government Comprehensive Planning and Land Development
Regulation Act, as set forth in Part II of Chapter 163, Florida Statutes (herein, the "Planning
Act"), and enforce land development regulations to regulate the development of land within the
respective areas of jurisdiction of each party; and
WHEREAS, the general administration of this agreement is governed by the
provisions of Section 163.01, Florida Statutes (1997); and
WHEREAS, Palm Beach County and the Cities have determined that it is appropriate
to enter into an Interlocal Agreement hereinafter referred to as "Agreement" in order to
ensure efficient and orderly development, and intergovernmental coordination and
cooperation and provide heightened review of development proposals; and
WHEREAS, the orderly planning for future development of both the County and the
Cities requires that the procedures set forth herein be followed; and
WHEREAS, on September 16, 1998, the Palm Beach County Board of County
Commissioners executed a resolution acknowledging the Western Northlake Corridor Land
Use Study as a policy and growth management guide and an expression of the desires of the
community, in the review of development proposals and plan amendments; and
WHEREAS, on November 5, 1998, the City of Palm Beach Gardens executed a
resolution acknowledging the Western Northlake Corridor Land Use Study as a policy and
growth management guide and an expression of the desires of the community, in the review
of development proposals and plan amendments; and -
WHEREAS, on January 11,1999, the City of West Palm Beach executed a resolution
acknowledging the Western Northlake Corridor Land Use Study as a policy and growth
management guide in the review of development proposals and plan amendments in order
to preserve and enhance the character within the study area; and
WHEREAS, Policy 1.4-d ofthe Intergovernmental Coordination Element of the 1989
Palm Beach County Comprehensive Plan calls for the County to pursue interlocal agreements
with municipalities that have identified future land use designations for adjacent
unincorporated areas; and
WHEREAS, Objective 1.1.8 of the Future Land Use Element of the Palm Beach
Gardens Comprehensive Plan calls for the City to improve coordination with affected and
appropriate governments and agencies to maximize their input into the planning and
development process and mitigate potential adverse impacts of future development and
redevelopment activities; and,
WHEREAS, Policy 1 .I .8.3 of the Future Land Use Element of the City of Palm Beach
Gardens Comprehensive Plan callsfor the City to coordinate requests for development orders
or permits, as required, with Palm Beach County, adjacent municipalities, the Countywide
Intergovernmental Coordination Program, Treasure Coast Regional Planning Council, South
Florida Water Management District, and state and federal agencies; and,
WHEREAS, Objective 1 .l of the Intergovernmental Coordination Element of the 1989
City of West Palm Beach Comprehensive Plan calls for the City to maintain or develop a
formal process for intergovernmental coordination with Palm Beach County and adjacent
municipalities which establishes specific coordination activities to occur on a regular basis.
NOW THEREFORE in consideration of the covenants made by each party, the mutual
obligations, undertakings, and advantages to be realized by the parties hereto, the parties do
hereby covenant and decree as follows:
Section 1. Incorporation of Recitals
The foregoing recitals are true and correct, were relied on by the parties entering into this
Agreement and are a part of and incorporated into this Agreement.
Section 2. Authority
This Agreement is entered into pursuant to the general authority of Section 163.01 , Florida
Statutes, relating to interlocal agreements.
Section 3. Definitions
For purposes of this agreement the following terms are defined as follows:
A. Advising Local Government - the governments other than the jurisdictional local
government reviewing a development proposal pursuant to this agreement.
B. Joint Review - review by jurisdictional government and one or both of the advising
governments.
2
C. Jurisdictional Local Government - the local government processing the development
application.
D. Western Northlake Boulevard Corridor Planning Area -area described and depicted
in Exhibit A, generally consisting of lands located: south of the Beeline Highway; west
of the West Palm Beach Water Catchment Area; east of the J.W. Corbett Wildlife
Management Area and Seminole Pratt Whitney Road; and north of the southern
boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin Boulevard; is hereby
designated as the Western Northlake Boulevard Corridor Planning Area, hereinafter
referred to as the "Planning Area."
E. Planning Director - the planning official designated by each of the parties to implement
this Agreement.
F. Study - Western Northlake Corridor Land Use Study acknowledged by the three local
governments party to this Agreement, dated June 8, 1998, as amended, and
acknowledged by the parties to this Agreement.
Section4. Term
A. This agreement shall remain in effect until such time that the agreement is terminated
by one or both of the Cities or the County, following the adoption of a resolution for that
purpose. As a condition precedent to the termination of this Agreement, the party
proposing to take such action shall provide nine (9) months advance written notice of
its intention to terminate this agreement unless a shorter period of time is jointly agreed
to by the Cities and the County. If one party terminates the agreement, the agreement
shall remain in'effect for the remaining parties unless an additional party terminates the
agreement.
B. The agreement shall not be applicable to the following comprehensive planning and
land development activities within the Planning Area:
1. Preparation, adoption and implementation of optional sector plans prepared
pursuant to Section 163.3245, Florida Statutes (Supp. 1998).
2. Preparation, adoption and implementation of Developments of Regional Impact
(DRI) adopted pursuant to Chapter380, Part I, The Florida Environmental Land
and Water Management Act of 1972.
3. Development of lands within an approved DRI and lands within an area subject
to a conceptual long-term build out overlay which has been adopted by a party
and found in compliance by the Department of Community Affairs.
3
4. Development of lands subject to a Stipulated Settlement Agreement between
the jurisdictional local government and the Department of Community Affairs.
Section 6. Commitment by each Local Government to Consider the Findings of
the Western Northlake Boulevard Corridor Land Use Study
The County and the Cities hereby approve of the Westem Northlake Corridor Land Use
Study as a policy and growth management guide and an expression of the desires of the
community in the review of development proposals and plan amendments, and encourage
intergovernmental cooperation and coordination through the implementation of the study
findings.
Section 7. Commitment by each Local Government to Adopt a Policy Providing
For A Joint Review Process for Land Use Map Amendments in the Western
Northlake Corridor and a map depicting the Western Northlake Boulevard Corridor
Planning Area in their respective comprehensive plans
The County and the Cities hereby agree to place a policy describing the area subject to this
agreement and to include a map indicating the boundaries of the Planning Area in their
respective comprehensive plans within twelve (12) months of the date this agreement is
executed .
Section 8.
After this agreement has gone into effect, the procedure to amend local land use maps in
areas subject to this interlocal agreement shall be as follows:
Western Northlake Boulevard Corridor Planning Area Procedures
A. Pursuant to the requirements of chapter 163, Part II, Florida Statutes, each local
government's Comprehensive Plan shall remain in full force and effect over its
jurisdiction. The County and Cities shall have full authority for the preparation and
adoption of the applicable comprehensive plans and any amendments thereto
pursuant to the Planning Act, and for the adoption, amendment and enforcement of
land development regulations thereunder. The parties agree that during the period
that this agreement is in effect that the jurisdictional local government shall receive all
fees generated from comprehensive plan amendments and re-zonings/development
orders in the planning area.
B. All proposed changes to a land use designation on a party's comprehensive plan land
use map or map series within the planning area shall be reviewed for consistency
with the findings and conclusionsof the Study. Any land use map amendment within
the planning area shall require use of a joint review process by the parties as
specified in this Agreement. The joint review process shall require that each of the
parties process the amendment as outlined below:
4
1.
a.
b.
C.
d.
2.
a.
b.
C.
Joint Consistency Review
The jurisdictional local government, shall be responsible for intake of the
amendment application, and notification and submittal of the application to the
advising local governments.
Within two (2) working days of receipt of the application, the jurisdictional
planning director shall forward a copy of the request to the advising planning
directors. All three planning directors shall have five (5) working days from the
receipt of the application by the advising planning directors to determine, in
writing, if the amendment request is consistent or inconsistent with thefstudy
findings and recommendations. No response is considered a response that
the amendment is consistent.
If all of the planning directors determine that the application request is
consistent with the Study recommendations, then the joint planning review
process shall not be required. The application will be reviewed by the
jurisdictional local government against its respective Comprehensive Plan and
the Study, with the advising local governments providing comments.
If one of the planning directors determines that the amendment request is
inconsistent with the Study recommendations, then the joint planning review
process shall be required as specified below.
Joint Planning Review
Upon determination that the joint planning review process is required, the
jurisdictional local government shall prepare afull staff report and the advising
local governments shall prepare a written assessment and recommendation
with comments, which shall become an attachment to the jurisdictional staff
report. The report shall be available for distribution at least five (5) working
days prior to the jurisdictional local government’s Local Planning Agency
(LPA) public hearing.
The jurisdictional local government LPA shall hold an advertised public
hearing. The advising local governments shall be afforded the opportunity to
address the jurisdictional local government LPA during the public hearing. The
jurisdictional local government LPA shall consider the recommendations of the
advising local governments during its deliberations.
The jurisdictional local government elected body shall then hold an advertised
public hearing. The advising local governments shall be afforded the
opportunity to address the jurisdictional local government elected body during
5
the public hearing. The jurisdictional local government elected body shall
consider the recommendations of the advising local governments during its
deliberations.
3. Additional Considerations
a. The jurisdictional local government shall have exclusive authority to determine
consistency with the Study if the joint planning review process is required.
b. The jurisdictional local government's rules and procedures for the amendment
process shall be adhered to in processing the amendment application. The
procedures herein shall not be construed to supersede or invalidate the
jurisdictional local government's rules and procedures.
c. During the joint review process, the jurisdictional local government shall be
responsible forforwarding any revisions to the application to the advising local
governments within two (2) working days of receipt of said revisions.
d. The jurisdictional local government shall provide the advising local
governments with at least five (5) working days notice of all public hearings.
The jurisdictional local government shall immediately notify the advising local
governments of any requests to postpone scheduled public hearings.
Section 9.
All petitions for development approvals requiring public hearings within the Planning Area
shall be subject to review by the County and the Cities. The jurisdictional local government
shall not'* the advising local governments within fifteen (1 5) working days of the submittal of
the application. Each advising local government shall have ten (1 0) working days, upon
receipt of the application, to provide any written or oral comments or objections to ensure
that the petition meets the recommendations of the Western Northlake Corridor Land Use
Study.
Joint Staff Review of Development Proposals
Section IO. Notification
All notifications required in this agreement shall be sent to the Planning Directors of each
local government at the following addresses:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 775-8295
(561) 775-1014 (FAX)
6
City of West Palm Beach
200 Street
West Palm Beach, FL 33402
(561) 659-8031
(561) 653-2605 (FAX)
Palm Beach County
100 Australian Ave.
West Palm Beach, FL 33406
(561) 233-5300
(561 ) 233-5365 (FAX)
Section 11. Enforcement
This agreement is valid and enforceable. Only the parties to the agreement have standing
to enforce the agreement. A violation of the agreement shall not be deemed a violation of
a local comprehensive plan. No third party has standing to enforce the agreement.
Section 12. Effective Date
The provisions of this Agreement shall become effective upon the execution of this
Agreement by all parties.
Section 13. Originals
This Agreement may be executed in two (2) or more counterparts, each of which shall be
deemed an original. All of which together shall constitute one (1 ) and the same instrument.
Section 14. Copy filed with the clerk
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm
Beach County, Florida.
7
0 0
Palm Beach County
ATTEST:
DOROTHY H. WILKEN, Clerk
APPROVED AS TO FORM
By:
City of Palm Beach Gardens
ATTEST:
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS:
By:
Chair W99 6950 ~~~201999
City of Palm Beach Gardens
-2
H,,, \ .^ ,*- .
-.AND LEGAL SUFFICIENCY
* - . .\#.= --. .I v/, i'
..
.. :-A.PP~OVED AS TO FORM
8
City of West Palm Beach
ATTEST: City of West Palm Beach
Presiding Officer
B By:
APPROVED AS TO FORM
AND LEGAl+MjICIENCY
BY.
City Attorney A
T:\PLANNING\GRWTHMAN\Northlake Study\final interlocal 325.wpd
9
t 1 T
I I t t t t 1 I
I n H
II ti tt
LL R
Department of Pluming,
Zoning a Building
100 Australian Avenue
West Palm Beach, FL 33406
(561) 233-5000
Planning Division 233-5300
Zoning Division 233-5200
Building Division 233-5100
Code Enforcement 233-5500
:Ontactor's Certification 233-5525
Administration Ofnce 233-5005
Executive Office 233-5003
ww.co.palm-beach.fl.us
Palm Beach County
Board of County
Commissioners
Maude Ford Lee. Chair
Warren H. Newell. Vice Chairman
Karen T. Marcus
Carol A. Roberts
Mary McCany
Bun Aaronson
Tony Masiloni
County Administrator
Robert Weisman
'An €pal Opportunity
Aflrmative Action Employer'
May 6,1999
Roxanne Manning
Growth Management Director
City of Palm Beach .Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Northlake lnterlocal Agreement
Dear Ms.
This letter is to ihform you that the Board of County Commissioners (BCC) approved
the Northlake lnterlocal Agreement on April 20,1999. Since the Countywas the last
party to approve the agreement, the Interlocal Agreement was effective on April 20,
1999. The agreement has been recorded by the Clerk of the Court, and a signed
recorded copy is attached.
The County looks forward to continued intergovernmental coordination between the
County and the Cities of Palm Beach Gardens and West Palm Beach. If you have
any questions or would like more information, feel free to contact Aimee Craig at
233-5342.
Planning Director
Attachment: Northlake lnterlocal Agreement
cc: Elizabeth Miller, AICP. Principal Planner
Aimee Craig, Planner II
T:\PLANNING\GRWTHMAN\Northlake SIudyUelter to citieswpd
October 27, 1998
RESOLUTION 114,1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, ACKNOWLEDGING THE WESTERN NORTHLAKE
CORRIDOR LAND USE STUDY AS A POLICY AND GROWTH
MANAGEMENT GUIDE AND AN EXPRESSION OF THE DESIRES OF THE
COMMUNITY, IN THE REVIEW OF DEVELOPMENT PROPOSALS AM>
PLAN AMENDMENTS, AND DIRECTING STAFF TO PURSUE THE
ADDITIONAL WORK PRODUCTS RECOMMENDED IN THE STUDY, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Land Use Compatibility Directive of the Land Use Element of the 1989
Palm Beach County Comprehensive Plan calls for the County to ensure that the densities and
intensities of land uses a~ not in conflict with those of the surrounding areas, whether
unincorporated or incorporated; and
WHEREAS, Goal 1 of the Intergovernmental Coordination Element of the 1989 Palm Beach
County Comprehensive Plan calls for the County to provide a continuous coordinating effort with
all affected governmental entities in order to accomplish the goals of the Palm Beach County
Comprehensive Plan and consider recommendations of affected governmental entities in the
County’s decision-making process and to ensure consistency with state and regional plans; and
WHEREAS, Future Land Use Element Objective 1.1.5. of the Palm Beach Gardens
Comprehensive Plan calls for the City to direct future growth, development and redevelopment
consistent with sound planning principles; minimal natural limitations, the goals, objectives and
policies of the comprehensive plan, and the desired community character; and
WHEREAS, Intergovernmental Coordination Element Objective 8.1.1 of the Palm Beach
Gardens Comprehensive Plan calls for the City to establish formal, specific means of coordination
with adjacent municipalities and the county; and
. WHEREAS, in 1997, the County received two plan amendment applications in the Northlake
Comdor Area to which the City objected through the Intergovernmental Plan Amendment Review
Committee (IPARC) process; and
WHEREAS, the Board of County Codssioners directed county staff to coordiate with
the City of Palm Beach Gardens on a corridor study along Northlake Boulevard on July 21,1997;
and -
WHEREAS, a staffcommittee was formed by the County, the City of Palm Beach Gardens
and the City of West Palm Beach to undertake the study; and
WHEREAS, input fiom area residents and property owners was received at several sbges
during the study process; and
WHEREAS, the Western Northlake Corridor Land Use Study contains recommendations
regarding appropriate land uses for the remaining vacant parcels, establishing an effective delineation
between rural and urbadsuburban uses, and discouraging urban sprawl and the premature conversion
of rural land to urban uses, as well as recommendations regarding intergovernmental
coordinationlcoopemtion; and
WHEREAS, the City of Palm Beach Gardens City Council held a workshop on August 10,
1998, made comments on the plan, and directed staff to pursue the recommendations of the study;
and
WHEREAS, the City of West Palm Beach held a workshop on August 10, 1998, made
. comments on the plan, and directed its staff to pursue the recommendations of the study; and
WHEREAS, the Board of County CommiSsioners held a workshop on June 23,1998, then
again on September 16,1998 approved ResolutionNo. 98-1502 which formally acknowledges the
Western Northlake Land Use Study as a policy and growth management guide.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA
Section 1, The Western Northlake Land Use Study dated June 8,1998 attached hereto as
Exhibit A, is hereby acknowledged by the Board of County Commissioners as a policy and growth
management guide, and an expression of the desires of the community, in the review of development
proposals and plan amendments. City staff is directed to pursue the additional work products as
recommended by the study.
Section 2. This Resolution shall be effective upon adoption.
ATEST:
LINDA V. KOSIER, CMC, CITY CLERK
BY:
APPROVED AS TO FORM AND
CITY ATTORNEY
-
VOTE: AYE NAY ASSENT
COUNCILMEMBER RUSSO -
COUNCILMEMBER FURTADO. /
COUNCILMEMBER JABLM J
COUNCILMEMBER CLARK -/
J-
COUNCILMEMBER SABATELLO 7 -
Map 1 - Project Boundary h
I
L Map 1 - Project Boundary
\ I 1 I &-
I
rrade Market Area
I
c
Northlake Corrtdor Land Use Study (WNCLUS)
Population by Traffic Analysis Zones (TAZ)
03U I I I
824
-
1,345 1.370
I ,47 f
1066 ;&43
1070 1,276 1,240 1,270
1,329 1,392 1,370 13%
1,306 J
1072
I 862 1078
793
847
@e Blvd y
852
r Western Northlake Corridor Land Use Study (WNCLlJS) =
Map 3 - Existing Land Use
1
L .... “....ll.lIlll lllM11l I 2::::::::: ::;;;:::::::::::PJ~I!
Existing Land Use 0 Residential Single Family
.-..-.. L..l..
Residential Multi-Family I Commercial I Institutional
I Agriculture
c
UtilitiedTransportation
Right of Way 0 &cant
Water
1 \
Western Northlake Corridor Land Use Study (WINCLUS) n Map 5 - Future Land Use
I- 1
' RR-5
I
C
om 0 we as 016 I
Trade Market Area
Western Northlake Corridor Land Use Study (WNCLUS)
se Amendments (1998-2008)
PBG Lox Slough
Industrial to Conservatior
Western Northlake Corridor Land Use Study (WNCLUS) 7
Unit 11 ~
County Owned 1
PALM BEACH COUNTY
PALM BEACH GARDENS AVOCADO NORTHLAKE LLC
BALSAM0 SMWTORE J = PHANlTDASACKLO
84
Western Northlake Corridor Land Use Study (WNCLUS)
Map 9 - Future 2020 Road Network - I I IH I I I I/ I
Western Northlake Corridor Land Use Study (WNCLUS)
0-------*-
Water Service Areas
0 West Palm Beach Semnde = West Palm Beach Bulk Ana Jupiter
I
i ‘7
Bee Line CDD
Western Northlake Corrtdor Land Use Study (WNCLUS)
Map I1 - Future Annexation Area
Future Annexation Area
Ky Palm Beach Gardens rl West Palm Beach
I Western Northlake Corridor Land Use Studv
Table 1 - Population Projections by TAZ
I I I i i
TAZ 2008 201 0 201 5 2020 2025
823
1071 1,255 1,292 1,337 1,357 1,362
1072 1,306 1,337 1,370 1,385 1,389
1073 1,300 1,358 1,397 1,414 1,418
1074 1,296 1,342 1,394 1,419 1,425
1075 1,234 1,267 1,318 1,333 1,336
ITotal 16,4431 1 6,838 I 17,491 I 18,6241 18,982
Source: 2009 PBC Planning Building and Zoning Population Allocation Model
Western Northlake Coorridor I
I Land Use Study I
Table 2 - Existing Land Use
Land Use Acres
Residential 5.946.77
Commercial 35.42
Institutional 50.45
Aariculture 80.05
Iconsetvation 2,219.931
Recreation 1,140.89
ODen SDace 169.27
ITransportation and Utilities 1 1,829.201
Right-of-way 21 5.67
Vacant 11,179.39
Water I 98.861
ITotal I 23,395.901
Source: Acreage calculated with ESRl ArcGlS
using PBC Existing Land Use shapefile
Western Northlake Corridor Land Use Study
Table 3 -Large Land Owners
Owner 1 Acres I
Avocado Northlake 34.44 0.15%
Balsamo Salvatore 94.12 0.40%
Bell South 10.10 0.04%
Coconut Northlake 29.84 0.13%
Comcast 7.12 0.03%
George Elmore 22.73 0.10%
Huona Pham 55.1 0 0.24%
Four Jr Corp 9.87 0.04%
" Indian Trail lmwovement District 1 6.66 I 0.03%
Northlake 20 LLC 17.68 0.08%
Northlake Maintenance LLC 19.28 0.08%
Phil O'Connei Jr. 1 34.44 I 0.15%
Palm Beach County 8,345. 35.67 1 281 %
Seminole Pratt Investments 15.39 0.07%
Spear Northlake LLC 61.29 0.26%
USPS 11.25 0.05%
Vavrus, Charles 4,722. 20.18 I 221 % ~
Villa Nurserv I 39.03 I 0.17%
W&W IX LLC 0.02%
Source: Acreage calculated with ESRl ArcGlS using PBC
Property Appraiser shapefile
I Western Northlake Corridor Land Use Studv I
Table 4 - Vacant Parcels on Northlake Blvd.
Future Land Use Acres
I RES RES 1,926.59
COM 20.66
CON 484.39
f- I%!----, 484.391 -
Total 2.431.64
~
Source: Acreage calculated with ESRl ArcGlS
using PBC Existing Land Use shapefile
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TO:
MEMORANDUM
The Honorable Burt Aaronson, Chair, and Members of the Board
of County Commissioners
FROM: Lorenzo Aghemo, Planning Director
Planning, Zoning and Building Dept.
DATE: March 1,2010
RE: Western Northlake Corridor Land Use Study (WNCLUS)
commercial and office needs update
The WNCLUS was prepared and adopted in 1998, with a Status Report in 1999.
The original study recommended periodically updating the commercial and off ice
square footage estimates. This memo outlines the findings reached by a team
comprised of staff from Palm Beach County Planning, the City of Palm Beach
Gardens, the City of West Palm Beach, and the Indian Trail Improvement District.
The tasks included updating the commercial and office needs analysis of the
subject area (see map 1) since the 1999 status report, consistent with the
recommendations of the original study, to determine what these needs will be in
the mid/long term. After reviewing buildout figures, land use approvals, and
growth in the last 10 years, the main finding of the study is that, based upon
approved and existing uses, the commercial and office needs of the WNCLUS
area are met through buildout (expected to occur around 2025), according to
Future Land Use designations and densities.
To date, commercial and/or office approvals in the WNCLUS Market Area total
587,885 SF, of which 189,463SF have been built (table 6). It is expected that the
entirety of the approved square footage will be exercised as the area develops.
To determine the existing commerciaVoffice needs of the market area, the staff
team agreed that 27SF per person was an adequate multiplier, and that said
number is consistent with approvedlexisting square footage per capita, recent
research produced as part of the Central Western Communities Overlay, the
county’s Commercial Needs Analysis, and national averages. As of 2008, the
WNCLUS Market Area has a population of 16,443 (table 1); which would
necessitate 443,961 SF of comrnerciaVoffice space. By the expected 2025
buildout, staff anticipates that the population of 18,982 would need 512,514SF of
commercial/office space based on the multiplier above; therefore, approvals to
date exceed the buildout demand of the area by 75,371SF.
An alternative analysis can be performed using the 2008 population (16,443
people) and the current amount of households (6,277), the people per household
number for the area is 2.61 persondhousehold. At buildout of the area (8,126
homes), the area would house 21,208 people, who would need 572,616 SF of
commercial office, using the 27SF multiplier.
Using either method, the land use approvals in the area have the capacity to
provide the needs for commercial and office uses to 2025 or buildout,
respectively. As the group has discussed, it is expected that if/when Vavrus
develops, it will incorporate various uses and will take care of any additional need
for commerciaVoffice uses.
As part of the collaborative efforts, the staff team presented these findings to the
local community on January 12, 2010, at Seminole Ridge Community High
School. The session was attended by almost 50 residents and land/business
owners. During the questions and comments portion of the session, residents
stressed their desire to be notied earlier when land development proposals are
filed with the local governments. To this effect, staff proposes to incorporate
language to the la amendment to the Interlocal Agreement, where the local
governments request that applicants notify all resident groups and homeowners
associations within the area of the study no later than 10 days after the land
development application is filed with the local government.
The update to the commerciaVoffice demand/supply analysis is now complete.
Additionally, the City of Palm Beach Gardens has requested to amend the
interlocal agreement that originally formalized the cooperation between the cities
and the county. Staff will bring the amended interlocal agreement along with the
updated materials back to the Board of County Commissioners on April 22, 201 0.
cc:
T:\Planning\CURRENnNEIGHPLMWNCLUS\Update\March 201 0 BCC Version.doc
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RESOLUTION 18,2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE FIRST
AMENDMENT TO THE INTERLOCAL AGREEMENT PROVIDING
FOR HEIGHTENED REVIEW REGARDING LANDS LOCATED
WITHIN THE WESTERN NORTHLAKE CORRIDOR PLANNING
AREA BETWEEN THE CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, AND THE CITY OF WEST PALM BEACH;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES.
WHEREAS, Section 163.01 , Florida Statutes, known as the “Florida Interlocal
Cooperation Act of 1969,” authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
communities; and
WHEREAS, the City Council of the City of Palm Beach Gardens adopted
Resolution 114, 1998 which acknowledged the Western Northlake Corridor Land Use
Study as a policy and growth management guide; and
WHEREAS, the City Council of the City of Palm Beach Gardens adopted
Resolution 56, 1999 approving an Interlocal Agreement among the City, Palm Beach
County, and the City of West Palm Beach for heightened review within the Western
Northlake Boulevard Corridor Planning Area; and
WHEREAS, said Interlocal Agreement was entered into to ensure efficient and
orderly development and intergovernmental coordination and cooperation, and to
provide heightened review of development proposals within the subject corridor; and
WHEREAS, the First Amendment to the Interlocal Agreement provides for
updates to the Western Northlake Corridor Land Use Study; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
v- 77
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Resolution 18, 201 0
SECTION 2. The City Council hereby approves the First Amendment to the
lnterlocal Agreement for continued heightened review within the Western Northlake
Boulevard Corridor Planning Area and provides for updates to the corridor land use
study and authorizes the Mayor to execute the First Amendment.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
2
Resolution 18, 2010
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day of 1 2010. PASSED AND ADOPTED this
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:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER BARNETT
- AYE NAY ABSENT
G:\attorney-share\RESOLUTiONS\201 OResolution 18 201 0 - interlocal agrnt-western northlake corridor.docx
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FIRST AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR
HEIGHTENED REVIEW REGARDING LANDS LOCATED WITHIN THE WESTERN
NORTHLAKE BOULEVARD CORRIDOR PLANNING AREA.
THIS FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT ENTERED
INTO BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
FLORIDA, THE CITY OF PALM BEACH GARDENS AND THE CITY OF WEST PALM
BEACH PROVIDING FOR HEIGHTENED REVIEW REGARDING LANDS LOCATED
WITHIN THE WESTERN NORTHLAKE BOULEVARD CORRIDOR PLANNING AREA
(the “First Amendment”) is made and entered into this ,2010, by
and between the CITIES OF PALM BEACH GARDENS AND WEST PALM BEACH, Florida
municipal corporations, (hereinafter the “Cities”) and the BOARD OF COUNTY
COMMISSIONERS of PALM BEACH COUNTY, FLORIDA, a political subdivision of the
State of Florida (hereinafter the “County”). (This Cities and County are jointly referred to
herein as “parties.”)
day of
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal
Cooperation Act of 1969” authorizes local governments to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize geographic, economic, population,
and other factors influencing the needs and development of local communities; and
WHEREAS, both the County and the Cities exercise comprehensive planning authority
pursuant to the Local Government Comprehensive Planning and Land Development Regulation
Act, as set forth in Part I1 of Chapter 163, Florida Statutes (hereinafter, the “Planning Act”), and
enforce land development regulations to regulate the development of land within the respective
areas of jurisdiction of each party; and
WHEREAS, the County and the Cities previously entered into that certain “Interlocal
Agreement Providing for Heightened Review Regarding Lands located within the Western
Northlake Boulevard Corridor Planning Area” (R99-695D), dated April 20, 1999 (hereinafter
the “Agreement”); and
WHEREAS, said Agreement was entered into in order to ensure efficient and orderly
development, and intergovernmental coordination and cooperation and to provide heightened
review of development proposals within the subject corridor; and
WHEREAS, the County and the Cities all recognized and accepted the Western
Northlake Corridor Land Use Study (hereinafter the “Study”) as a policy and growth
management guide in the review of development proposals and plan amendments in order to
preserve and enhance the character within the study area; and
1
WHEREAS, certain data and information contained in said Study must be updated from
time to time in order for the Study to retain its value and relevance as a policy and growth
management guide and the parties have determined that it is in their collective best interest to
provide the opportunity to update such data.
NOW, THEREFORE, the County and the Cities, in consideration of the covenants
made by each party, the mutual obligations, undertakings, and advantages to be realized by the
parties hereto, the parties do hereby covenant and agree as follows:
SECTION 1. The foregoing recitals are true and correct, were relied upon by the parties
entering into this First Amendment and are a part hereof and are incorporated into this
Agreement.
SECTION 2.
follows:
Section 6 as set forth in the Agreement is hereby amended to hereafter read as
SECTION 6. Commitment bv each Local Government to Consider the
80 Provi-tv to Update same. ..
The County and the Cities hereby approve of the Western Northlake
Corridor Land Use Study as a policy and growth management guide and an
expression of the desires of the community in the review of development
proposals and plan amendments, and encourage intergovernmental cooperation
and coordination through the implementation of the study findings. The Countv
and the Cities encour age uDd ate s o fth e Studv when dete rmin ed to be necessary by
the resDect ive DlanninP directors.
..
SECTION 3. This First Amendment shall be attached to the current Agreement entered into
by and between the parties on April 20, 1999, which shall become a part thereof. All other
Sections of the Agreement shall remain in full force and effect as set forth in the Agreement and
there shall be no changes to the Agreement with the exception of those items specifically set
forth in this First Amendment. Further, the parties agree as follows:
1. This First Amendment may be modified only by the mutual and written consent of
both parties.
2. If any provision or any portion contained in this First Amendment is held
unconstitutional, invalid, or unenforceable, the remainder of this First
Amendment, or portion thereof, shall be deemed severable, shall not be affected,
and shall remain in full force and effect.
2
IN WITNESS WHEREOF, the parties through their duly authorized representatives do hereby
execute this First Amendment on the date first written above.
ATTEST:.
SHARON R. BOCK, Clerk
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Assistant County Attorney
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL
By:
PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
By:
Burt Aaronson, Chairperson
CITY OF PALM BEACH GARDENS,
FLORIDA
By:
David Levy, Mayor
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ATTEST:
CITY OF WEST PALM BEACH,
FLORIDA
By:
City Clerk
By:
Lois J. Frankel, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
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I M a & lnnova ion Dr
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Trade Market Area
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: May 6'h 201 0
Resolution: Resolution 23, 201 0
SubjectlAgenda Item: Agreement with The Port Authority of New York and New Jersey
[X ] Recomrnenda I1 Recomrnenda
Finance Administrator
Submitted by:
ctor
Apw I City Manahr
tion to APPROVE
tion to DENY
3riginating Dept.:
3rown)
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
Wed
[ ] Not required
Sosts: $60,000.00
(Total)
$60,000.00
Current FY -
Funding Source:
[ ]Operating
[X ] Other
Art Impact Fund
Budget Acct.#:
001.304.
1400.515.6900
Council Action:
1 ] Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attach rnents :
(1) Agreement
with The Port
Authority of
New York and
New Jersey
Meeting Date: May 6'h 2010
Resolution: Resolution 23, 201 0
BACKGROUND: The City has been approved to receive a steel artifact from the
September 1 lth 2001 World Trade Center's attack. The piece has been identified and is
on hold in New Jersey. This agreement will allow the The Port Authority of New York
and New Jersey to transfer this artifact to the City for use at the 91 1 Memorial, to be
located at Fire Station #3 on Northlake Boulevard.
STAFF RECOMMENDATION: Approval of the Agreement
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RESOLUTION 23,2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO
CONFIRM AND MEMORIALIZE THE TRANSFER OF FULL AND
COMPLETE LEGAL OWNERSHIP TO THE CITY OF PALM BEACH
GARDENS OF A PIECE OF STEEL OF THE FORMER WORLD
TRADE CENTER TO BE USED FOR THE 09.11.01 MEMORIAL;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, on April 15, 2010, the City Council adopted Resolution 14, 2010
approving the City-initiated request to build and partially fund, through art impact funds,
the 09.11.01 Memorial Plaza to be located at Fire Station No. 3, 5161 Northlake
Boulevard; and
WHEREAS, the City has been approved to receive a steel artifact from the
09.1 1 .Ol World Trade Center attack; and
WHEREAS, the attached agreement with the Port Authority of New York and
New Jersey will transfer ownership of the steel piece to the City; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the agreement with the Port
Authority of New York and New Jersey to transfer ownership of the World Trade Center
steel piece to the City, and authorizes the Mayor to execute the agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Resolution 19, 2010
PASSED AND ADOPTED this day of ,2010.
CITY OF PALM BEACH GARDENS, FLORIDA
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 RUSSO ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTlONS\201 O\Resolution 23 201 0 - 91 1 memorial agmt with Port Authority.docx
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Thursday, April 22,2010
The Port Authority of New York and New Jersey
225 Park Avenue South
New York, New York 10003
The purpose of this agreement is to confirm and memorialize the transfer of full and
complete legal ownership fiom The Port Authority of New York and New Jersey (the
“Port Authority”) to the City of Palm Beach Gardens (the “City”) of that certain piece of
steel of the former World Trade Center, identified as N-0160 in the Port Authority’s
World Trade Center Archive: Artifact Inventory Report of January 3 1,2007 (the “Steel”).
The City has requested that the Steel be made available to them, in its present condition.
1. A property interest in the above-described Steel is hereby conveyed, and full
and complete legal ownership of the Steel is given.
2. The Port Authority makes no representation or warranty whatsoever as to the
condition or fitness of the Steel, either express or implied, and no
Commissioner, officer, agent, or employee of the Port Authority is authorized
to make any representation or warranty as to the Steel. The City shall have no
claim against the Port Authority for any defect or other condition of the Steel
and agrees to accept the Steel “as is.” There are no warranties, express or
implied.
3. The City of Palm Beach Gardens agrees to defend, indemnify and hold the
Port Authority, its Commissioners, officers, representatives and employees
harmless fiom and against all losses, liabilities, damages, injuries, claims,
demands, costs, attorney fees, and other expenses incurred by the Port
Authority and/or its Commissioners, officers, representatives and employees
in any manner resulting from or arising with respect to the City of Palm Beach
Gardens Fire Rescue Department’s possession, use or operation of the Steel or
the possession, use or operation of the Steel by any person under the control
and authority of the City of Palm Beach Gardens.
4. The City of Palm Beach Gardens Fire Rescue Department will be responsible
for all costs of the removal and transportation of the Steel to its facility.
5. This agreement may not be assigned by either party without the written
approval of the other party.
6. This Agreement is subject to all the terms and conditions of a Court Order
dated December 4, 2009, of the United States District Court for the Southern
District of New York, annexed hereto.
7. Any written notice given by either party to the other under the provisions of,
or with respect to, this letter agreement, shall be delivered in person, or by
certified or registered mail, return receipt requested, to the following
addresses:
Port Authority: The Port Authority of NY & NJ
225 Park Avenue South
New York, NY 10003
Attn.: Executive Director
The Port Authority of NY & NJ
225 Park Avenue South
New York, NY 10003
Attn.: General Counsel
City: City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Attn: City Manager
or to such other address(es) as each party hereto may notify the other.
8.
9.
This agreement shall be governed by and construed in accordance with the
laws of the State of New York.
The entire agreement of the parties is contained herein and no changes or
modifications shall be valid or enforceable unless in writing and signed by the
party to be charged therewith.
10. Neither the Commissioners of the Port Authority, nor any director, officer or
employee thereof shall be held personally liable under or in connection with
this letter agreement. Likewise, no City Councilmembers of the City of Palm
Beach Gardens, nor any director, officer, or employee of the City shall be held
personally liable under or in connection with this letter agreement.
11. If any term, provision, or section of this letter agreement is determined, by a
court of competent jurisdiction, to be unlawful, void or unenforceable, all
remaining terms, provisions and sections shall continue in full force and
effect.
2
To confirm the agreement of the Port Authority with the foregoing, kindly sign a
counterpart of this letter in the space provided below, and return such signed counterpart
to the attention of the undersigned.
By:
David Levy
Mayor
City of Palm Beach Gardens
The Port Authority of New York and New Jersey
By:
Title: Executive Director
3
Case 1 :21 -mc-00097-AKH-THK Document 1506 Filed
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK .-
IN RE: SEPTEMBER 11 LITIGATION
X
X
IN RE? SEPTEMBER 11 PROPERTY DAMAGE
AND BUSINESS LOSS LITIGATION
X
X
IN RE: WTC DISASTER SITE LITIGATION
X
21 MC97
21 MC 101
21 MC 100
Upon consideration of the application of the Port Authority of New York and
New Jersey (the "Port Authority"), and an opportunity having been given to all parties in
the above-entitled action to object, it is hereby
ORDERED, that the Port Authority is permitted to transfer full and complete
legal ownership of the attached list of steel (Exhibit A) currently located at John F.
Kennedy International Airport, Hangar 17, and it is fUrther
ORDERED, that the transfer and the recipient organization's possession of
certain WTC Artifacts will be subject to the right of any party to the September 11
Case 1 :21 -rnc-00097-AKH-THK Document 1506 Filed 12/04/2009 Page 2 of 9
Litigations or their representatives to inspect and test any steel artifact upon ten days
notice to the recipient organization and the Port Authority.
khIT STATES DISTRICT JUDGE f
Case 1 :21 -mc-00097-AKH-THK Document 1506 Filed 12/04/2009 Page 3 of 9
Port Authority's WTC Artifacts
lnventorv Archive ltem Number
A-0004
A-0007
A-0009
A-0016
A-0017
A-0023
A-0024
A-0039
A-004 I
A-0043
A-0044
8-0024
B-0025
B-0026
8-0027
8-0028
8-0030
8-003 1
8-0032
8-0034
8-0038
B-0041
8-0046
BO047
6-0048
8-0050
8-0062
c-0011.001
c-0011.002
C-0011.003
c-oo11.004
C-0011.005
c-0011 .OM
C-0011.007
C-0013
c-0021
C-0024
c-0033
C-0034
(2-0035
E-0001
E-0002
E-0003
E-0004
E-0005
E-0006
E-0009
E-0007
EXHIBIT A
Item Tvpe
Steel Column
Structural Triad (Part)
Steel Box Beam
Tower Core Column
Tower Exterior Wall Cdumn
Tower Exterior Tree Panel
Tower Exterior Wail Panel
Steel Beam
Steel Plate
Tower Exterior Wall Panel
Tower Exterior Wall Panel
Cladding - Aluminum Panel
Cladding -Aluminum Panel
Cladding -Aluminum Panel
Cladding - Aluminum Panel
Cladding - Aluminum Panel
Cladding -Aluminum Trim
Cladding -Aluminum Panel
Cladding - Aluminum Trim
Cladding - Aluminum Trim
Cladding -Aluminum Trim
Cladding -Aluminum Angle
Cladding -Aluminum Panel
Cladding -Aluminum Panel
Cladding -Aluminum Panel
Cladding -Aluminum Trim
Bronze Anodized Aluminum Panel
001 North Tower Antenna (Part)
002 North Tower Antenna (Part)
003 North Tower Antenna (Part)
004 North Tower Antenna (Part)
005 North Tower Antenna (Part)
006 North Tower Antenna (Part)
007 North Tower Antenna (Part)
North Tower Antenna
Elevator Motor
Elevator Motor
Flag Pole
Flag Pole
Flag Pole
Tower Exterior Tree Panel
Tower Exterior Tree Panel
Tower Exterior Tree Panel
Tower Exterior Column with Spandrel
Tower Exterior Column with Spandrel
Tower Exterior Column with Spandrel
Tower Exterior Column with Spandrel
Tower Exterior Column with Spandrel
Case 1:21-mc-00097-AKH-THK Document 1506 Filed 12/04/2009 Page 4 of 9
E-0010
E-0011
E-0012
E-0013
E-00 14
E-00 1 5
E-0016
E-0017
E-0018
E-00 19
E-0022
E-0024
E-0025
E-0026
E-0028
E-0029
E-0030
E-0031
F-0004
F-0006.001
F-0006.004
F-0008
F-0009
F-00 14
F-0006.003
F-0021 .OOO
F-0032.0 14
G-0011
G-0012
G-0016
G-0020
G-0033
G-0039
G-0041
G-0050
G-0057
G-0058
G-0059
G-0060
G-0062
G-0063
G-0065
G-0073
G-0074
G-0076
G-0077
G-0079
G-0048
G-0061
G-0072
G-0075
G-0080
Tower Exterior Column with Spandrel
Tower Exterior Tree Panel
Tower Exterior Tree Panel
Tower Exterior Tree Panel
Tower Exterior Tree Panel
Tower Exterior Tree Panel
Tower Exterior Tree Panel
Tower Exterior Tree Panel
Tower Exterior Tree Panel
Tower Exterior Tree Panel
Tower Exterior Column with Spandrel
Tower Exterior Column with Spandrel
Steel Column
Tower Exterior Tree Panel (Part)
Tower Exterior Column with Spandrel
Tower Exterior Tree Panel
Steel Column
Tower Exterior Column with Spandrel
Steel Exterior Column Section
001 Composite #1: Fragment
003 Composite #1: Fragment
004 Composite #1: Fragment / Debris
Steel Train Rail
Steel Train Rail
Light Pole
000 Miscellaneous Building Material
014 Metal File Cabinet (Part)
Steel Bent Plate
Steel Beam
Steel Column & Diagonal
Beam and Post Connection
Galvanized Steel Stud
Steel Tube
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Angle
Steel Beam
Steel Beam
Steel Column
Steel Column
Steel Column
Steel Beam
Steel Beam
Steel Bent Plate
Steel Angle
Sheet Metal
Built-up Steel Beam
Steel Train Rail
Steel Train Rail
Case 1 :21 -mc-00097-AKH-THK Document 1506 Filed 12/04/2009 Page 5 of 9
G-0081
G-0082
G-0084
G-0085
G-0089
G-0090
G-0088
G-0091
G-0092
G-0093
G-0097
G-0098
G-0100
G-0101
G-0102
G-0113
G-0114
G-0121
G-0134
G-0141
G-0144
G-0146
G-0147
G-0158
H-0040
H-0047
H-0048
H-0049
H-0050
H-0052
H-0053
H-0054
H-0055
H-0056
H-0058
H-0059
H-0061
H-0062
H-0065
H-0067
H-0068
H-0069
H-0072
H-0073
H-0074
G-0095
H-0057
H-0060
H-0063
H-0075
H-0076
H-0078
Steel Train Rail
Steel Train Rail
Steel Beam
Steel Tube
Steel Column
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Bent Plate
Steel Train Rail
Steel Train Rail
Steel Plate
Steel Column
Steel Column
Steel Beam
Steel Train Rail
Steel Column
Steel Tube Post
Steel Plate
Steel Plate
Miscellaneous Steel
Steel Beam
Steel Beam
Miscellaneous Steel
Steel Beam
Steel Beam
Steel Train Rail
Steel Column - Tube Section
Steel Train Rail
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Train Rail
Steel Column
Steel Beam
Steel Beam
Steel Beam
Steel Train Rail
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Case I :21 -mc-00097-AKH-THK Document 1506 Filed 12/04/2009 Page 6 of 9
H-0079
H-0081
H-0082
H-0083
H-0084
H-0087
H-0089
H-0092
H-0093
H-0094
H-0095
H-0096
H-0097
H-0098
H-0103
H-0104
H-0106
H-0109
H-0110
H-0108
H-01 1 1
H-0114
H-0115
H-0116
H-0117
H-0119
H-0122
H-0124
Ha125
H-0127
H-0129
H-0130
H-0132
H-0133
H-0138
H-0139
H-0141
H-0142
H-0162
1-0070
1-0073
1-0074
1-0076
1-0078
H-0121
H-0126
H-0131
H-0156
1-0067
1-0072
1-0075
1-0077
Steel Angle
Steel Beam
Steel Beam
Steel Train Rail
Steel Train Rail
Steel Beam
Double Steel Train Rail
Steel Train Rail
Steel Train Rail
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Train Rail
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Train Rail
Steel Train Rail
Steel Train Rail
Steel Train Rail
Steel Train Rail
Steel Beam
Steel Beam
Steel Beam
Steel Train Rail
Steel Beam
Steel Train Rail
Steel Tube
Steel Beam
Steel Train Rail
Steel Train Rail
Steel Beam
Steel Train Rail
Steel Beam
Steel Train Rail
Steel Train Rail
Steel Beam
Steel Beam
Steel Train Rail
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Case 1 :21-mc-00097-AKH-THK Document 1506 Filed 12/04/2009 Page 7 of 9
1-0080
1-008 1
1-0082
1-0083
1-0085
1-0087
1-0088
1-0089
1-0090
1-0091
1-0092
1-0093
1-0094
1-0095
1-0096
1-0098
1-0099
1-0100
1-0101
1-01 02
1-01 03
1-01 04
1-0105
1-0106
1-0107
1-0108
1-0109
1-01 10
1-01 11
1-0112
1-01 13
1-0114
1-01 17
1-0118
1-0121
1-0126
1-0128
1-01 32
1-0133
1-01 38
1-01 39
1-0142
1-0143
1-0145
1-0116
1-0147
1-0149
1-01 50
1-0151
1-01 52
1-01 53
1-0154
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Train Rail
Steel Beam
Steel Column
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Sted Train Rail
Steel Train Rail
Steel Beam
Steel Pipe
Crash Rail
Steel Beam
Steel Beam
Steel Plate
Steel Plate
Steel Beam
Steel Beam
Steel Train Rail
Steel Beam
Steel Train Rail
Steel Train Rail
Steel Box Column
Steel Beam
Steel Train Rail
Steel Train Rail
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Plate
Steel Beam
Steel Bent Plate
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Beam
Steel Post
Steel Column
Case 1 :21-mc-00097-AKH-THK Document 1506 Filed 12/04/2009 Page 8 of 9
1-01 55
1-01 58
1-0160
1-0166
1-0168
1-0171
1-01 75
1-0176
J-0002
5-0003
5-0004
J-0008
5-0009
J-0010
5-001 I
L-0001
L-0005
L-0006
L-00 1 4
L-0025
MIST Number
ASCE-3
B-1075
8-61 52-1
861 52-2 c-io c-I I
GI 5
C-28
C-32
C-35
c-43
(2-44
c45
C-47 (not visbl on pc)
C-49 or S-6
G54
c-55
c-61
c-62
C44
c-67
C-68
C-7 1
G73
c-74
c-7 5
C-78
Steel Beam (Part)
Steel Beam
Steel Beam
Steel Column
Steel Beam
Steel Column
Steel Beam
Steel Column
Tower Exterior Wall Steel
Tower Exterior Wall Steel
Tower Exterior Wall Steel
Tower Exterior Wall Steel
Tower Exterior Wall Steel
Tower Exterior Wall Steel
Tower Exterior Wall Steel
Steel Beam (Part) with Symbol Cutouts
Steel Beam (Part) with Symbol Cutouts
Steel Beam (Part) with Symbol Cutouts
Steel Beam (Part) with Symbol Cutouts
Tower Exterior Wall with Symbol Cutouts
Brlef DescriHion
1 column, bottom 113rd of left column
Wide flange
Heavy rectangular column
Heavy rectangular column
Full panel
2 columns, upper 2/3rds
Partial of single column
1 column of unknown location
1 column, upper 1/3rd
Wide flange
I column, lower IM
Wide flange, FEMA reported possible core cols
Wide flange, FEMA reported possible core cols
3 columns, upper 1/2
portion of I column
I column,small piece with extended outer web
1 column, lower ll3rd
Wide flange
Wide flange
1 column with a lot missing
I column, rest unknown
I column, upper 1/2
Wide flange
I column, upper In
Wide flange
Portion of I column and spandrel, rest unknown
Wide flange
r-
Case 1 :21 -mc-00097-AKH-THK Document 1506 Filed 12/04/2009 Page 9 of 9
c-79
C-80
C-82
c-89
c-9 1
c-93
c-95
(2-97
c-99
c-100
c-101
c-102
c-104
C-105
C-117
C-118
C-124
C-126
C-129
C-130
C-133
C-142
C-143
C-145
C-146a
C-147
C-148
C-149
C-150
C-152
C-153
c-154
C-155
M-1 1
M-18
M-20
M-22
M-23
M-24
M-28
M-37
N-3
N-4
N-5
N-6
Si0 or C-17
U-6
n-0017
n-0033
n-022
-141
Rectangular col, FEMA rptd pos core col
Wide flange, FEW reported possible core col
Wide flange
2 full columns
Channel
Partial of single column
Channel
Channel
Channel
Possible angle from a floor truss
Similar to corner column, but much thinner
Partial of single column
Possible angle from a floor truss
Channel
3 columns, lower 113
Channel
Channel
Wide flange
Channel
Wide Flange
1 column, bottom 1/3rd of unknown location
Wide flange
Channel
Channel
Mangled ball of steel and concrete-Composite
Channel
Channel
Piece of floor truss
Wide flange
Channel
Channel
Thin rectangular beam with supports
Wide tlange
Wide tlange
Large box beam, 19 x 21" x 17.5' long
2 columns, lower 113rd
Large box beam, 19 x 26.5 x 9.5' long
Possibly part of Wide flange or I-beam
Channel
3 columns, lower 114th
Wide flange
1 column, upper 1/2
1 column, middle 113rd
Part of spandrel plate with bolts
1 column, length of spandrel, crushed
2 columns, lower 112
3 columns, upper 114
TY OF PALM BEACH GARDENS
BEACH COUNTY, FLORIDA
I*. PROCLAMATZON
s the Loxahatchee River’s Whereqs, Msty 17,
Wh
Scenic” a4 designated the National Wild and Scen
.Loxahatchee River is a beautiful river with outstandi
values;
meam; & di ng condition for the enjoyment of present
and future &mrations;
- higpetioil, and is one of
resource to its surro
IN WTlWSS
Palm Beach Gardens, Florida,
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: May 6, 2010
Ordinance 7,2010
SubjectlAgenda Item: First Reading: An Ordinance of the City Council amending
Chapter 66, Taxation, by repealing Article II. in its entirety and readopting a new Article
II. with a new title such that Article II. shall now be entitled “Business Tax and
Registration” in order to comply with Chapter 205, Florida Statutes.
[XI Recommendation to APPROVE I ] Recommendation to DENY
Finance a Administrator
Submitted by:
Jack Doughn
Operations
Department Administratc
City Manbger/
3riginating Dept.:
/7
David Reyes,
Operations Director
Neighborhood Services
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[ ] Notified
[ X ] Not required
-
costs: $M
(Total)
$
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#: NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Ordinance 7, 2010
[ ]None
Meeting Date: May 6,2010
Ordinance 7,2010
BACKGROUND:
Chapter 205, Florida Statutes, entitled “Local Occupational License Taxes” gives local
municipalities and counties the authority to levy a tax to businesses and individuals who
manage a business and/or practice a profession within their City or county limits. A bill
was passed by the Florida Legislature to change the name of Chapter 205, Florida
Statutes, from “occupational license” to “business tax receipt”. In order to comply with
the new state law, Chapter 66, Taxation. Article II. of the Palm Beach Gardens Code of
Ordinances that comprises occupational licenses must be amended.
In addition to changing the title, staff desires to add the following language to Chapter
66:
Currently, any business, with the exception of contractors, obtaining permits that
provide services or goods in the City, but have office locations outside of the City
limits of Palm Beach Gardens, are not required to register with the City.
Language has been added that now requires all businesses to register with the
City, with a few exceptions that are exempt by state law. These exceptions
include professions that are licensed by the Department of Business and
Professional Regulation and pest control operators. However, these professions
have the option to voluntarily register. This amendment will enable the City to
know who is working within the City limits.
At this time, there is no verbiage in the Code that authorizes the City to revoke
and/or suspend an occupational license for a business that continues to be in
violation of City codes. Language has been added to provide a process that
gives the City this authority.
In order to provide better customer service to the business community, language
has been added to provide a refund procedure to the Code for those businesses
that have renewed their occupational license before September 30th and
subsequently closed prior to April Istof the following year.
Additionally, if a business is found to be operating without a business tax receipt,
the City shall collect any unpaid business taxes from prior years plus delinquency
penalties for a period up to 3 years before a current business tax receipt may be
issued. The business shall also be required to pay a penalty of $250.00 for each
year, for a period up to 3 years, that business taxes have been delinquent.
STAFF RECOMMENDATION:
Approve Ordinance 7, 201 0 as presented.
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ORDINANCE 7,2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 66. TAXATION. BY
REPEALING ARTICLE II. OCCUPATIONAL LICENSE. IN ITS ENTIRETY
AND READOPTING A NEW ARTICLE II WITH A NEW TITLE SUCH THAT
ARTICLE II. SHALL NOW BE ENTITLED “BUSINESS TAX AND
REGISTRATION” IN ORDER TO COMPLY WITH CHAPTER 205,
FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Council of the City of Palm Beach Gardens has determined that a
need exists to revise and clarify Chapter 66. TAXATION. of its Code of Ordinances in order to
comply with Chapter 205, Florida Statutes, and to provide for internal consistency; and
WHEREAS, the City Council of the City of Palm Beach Gardens believes these
revisions to be in the best interest of the health, safety, and welfare of the citizens of the City
of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Chapter 66. TAXATION. of the Code of Ordinances of the City of Palm
Beach Gardens is hereby amended by repealing Article II. Occupational License in its entirety
and readopting same as revised with a new title; providing that Article II. shall hereafter read
as follows:
ARTICLE 11. L BUSINESS TAX AND REGISTRATION
Sec. 66-36. Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Merchandise means any goods, wares, commodities, and items, more specifically
enumerated herein below, bought or sold in the usual course of business or trade.
Merchant means any person engaged in the business of selling merchandise at retail
or wholesale, and when used in this article shall include manufacturers and distributors of
bottled soft drinks, ice cream, bakery products, artificial stone manufacturers, marble, granite,
or stone works or stone cutters, coffee roasters, job printers; and shall include manufacturers
and distributors not othewise specifically provided for in this article; and shall include
undertakers and other service establishments, including professions whose gross receipts
include the sale of merchandise as defined herein, processors, such as blenders of feed or
Ordinance 7, 2010
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flour, planers or shapers of lumber, and other persons who do not create an entirely new or
different article shall be deemed merchants for the purpose of this article.
Retail merchant means any merchant who sells to the consumer or for any purpose
other than resale, except sales to manufacturers and sales to the United States government,
the state, or any political subdivision of either of them, which shall be considered wholesale
sales.
Sale means the transfer of ownership, title or possession, transfer, exchange, or
barter, whether conditional or otherwise, for a consideration.
Stock of merchandise means the full cash value of merchandise or goods on hand the
last January 1, or for the applicant's fiscal year, whichever being the higher, and not the
amount of capital stock invested in the business.
Wholesale merchant means any merchant who sells to another for the purpose of
resale.
Business. DTO fession. and occupat ion do not include the cust omarv reliaious,
charitable. o r educat ional ac' t~vtes ii o f n o n D r o fi t r ela i i ous. nonDrofit charitable. and nonprofit
educat ional institutions in this state. which institutions are more Dart icularlv defined a nd
limited as follows:
(1) Re/ iaious institutions means churches and ecc lesiastical or denominational
oraanizations o r estab lished phvsical Dlaces for worshiD in this state at which
DonDrofit reliaious se rvices and act ivities are regularlv conducte d and carried on,
and church cemeteries.
12) €ducat ional institutions means state ta x-supDorted o r parochial. church. and
nom rofit Drivate sc hools. colleaes. o r universities co nductina reaular classes and
Courses o f studv reauired fo r accreditation bv o r membershb in the Sout hern
Association of Colleaes a nd Schools. the DeDart ment of F,ducation. or the Florida
Counc il of IndeDe ndent Schoo Is, NonDrofit libraries. art a alleries. a nd museums
ooen to t he Dub lic are de fined as e ducational institutions and eliaible for
exem D t ion.
43) Cha ritable institut ions means onlv no nDrofit corDorat ions oDerat ina DhVSiCal facilities in this state which orovide charitable services. a reasonab le percentaae
of which are without cost to t hose u nable to Dav.
Recei bt means the docume nt that is issued bv t he local aovernina aut horitv which
Recebt and evidences that t h e De r s oninwh ose n a m e bears t h e words Loca I Rus in ess Tx a
the document is issued has comD lied with the provisions of this ChaDter relatina to t he
business tax.
Class ification means t he met hod bv which a business o r arouD o f businesses is
ident ified bv s ize or tvDe or bot h.
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Local bus in ess fax means the fees charaed and the method bv whi c h a lo ca I
* aove rnina autho rity arants t he Drivileae o f enaaaina in or manaaina anv bus iness. p rofession,
or occuDat ion within its turisd iction. It does not mean anv fees or licenses oa id to a nv board,
commission. or o fficer for De rmits. reaistration. examination. or insoect ion. Unless ot herwise
Provided bv law. t hese a re deemed to be reaulatorv and in addition to. but not in lieu of. anv oca1 business tax imDosed u nder the provisions of this chapter.
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boca I aovernina autho ritv means the aovernina bodv of anv countv or incorporated
municwtv of this state. .. .
Perso n means anv individual. firm. Dartnershio. ioint adventure. sv ndicate. or other
grow or comb ination act ina as a unit. assoc iation! corDoration. estate, t rust. bus iness t rust
trustee. executa r. administrato r. receiver. or other fiduciarv a nd includes t he Dlural as we II as
the singular.
nv oerson liable for taxes imoosed under the Drovisions of this
chaDter, a nv aae nt reau ired to file and pav a nv taxes imposed hereunder! and the heirs,
Taxoaver means a
successo rs. ass ianees. a nd transferees o f anv SUC h Derson o r aaent.
Sec. 66-37. Levy ms#&Aed of business U: registratio&
IIQ 3&
Business tax. A tax is herebv fixed a nd imDosed uoo n everv De rson who
maintains a De rmanent bus iness location o r branch office within the citv for the
privileae of enaagi na in or manaaina anv bus iness. Drofess ion. or occuDat ion within
the citv. A bus iness ta x recebt is also herebv levied UDO n anv Derson who does not
gualifv under the orovisions noted here inabove and who transacts anv business o r
enaaaes in anv occuDat ion or Drofess ion in interstate co mmerce. if such business ta X
is not D rohibited bv Sect ion 8 of Article I of the United States C onstitution.
Additionallv. a bus iness ta x recebt is herebv levied up0 n anv oerson who transacts
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anv bus iness o r enaaaes in anv OCCUD ation or Profession as D art of a home
ation DU rsuant to the Drovisions of Section 118.285. Florida Statu tes.
I b) Reuisfrafion. Anv Derson who does not fall into one oft he cateao ries set forth
above in subsect ion (a) but who comes within the corDorate limits of the citv to ca rry
on. comD lete. De rform. or enaaae in anv tvDe o f business is herebv reauired to reaister
with the c itv bv fillina out a reaistration form. SUC h perso n must D rovide a CODV o fa
valid business tax receiDt issued bv another municbalitv and/or the countv indicating
that he Dossesses a valid bus iness tax receiot at the location of his branch or
permanent office and must Drovid e amrotxiate forms. as reaueste d bv th e ctv i
jaccordina to t he tvDe o f business. A nominal fee shall be c haraed to cover the
aistrative costs reaisterina these ad diti o n a I bus in esses. OCCUD ai to n s. a n d
profess ions: the a mount of which reaistration fee shall be set bv t he Master Fee
Schedu le. T he reaistration reauirement set forth in this subsect ion shall not app Iv to
anv trade o r bus iness reaulated bv t he DeDart ment of Business a nd Professional
Reaulation. Additionallv. this reauirement shall not amlv to a nv pes t control oDerators,
doctors. o r lawve rs who are licensed a nd reaulated bv the State o f Florida.
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I c) Pursuant to Sec tion 205.065. Florida Statutes. anv
Person e naaaina in or manaaina a bus iness, D rofession. or occuoat ion reaulated by
the DeDart ment o f Business a nd Professional Reaulation that has Daid a b usiness t ax
for t r to the cou ntv or mun icbalitv in that state w here the De rson's
location or branch office is ma intained shall not be reauired to
he current vea
germanent business
E' giste rh' IS business ta xr eceDt i wi th the citv . However. such oersons mav voluntarily
reaister with the citv bv D resentina Droof of state licensina. a va lid bus iness tax recent
issued bv t he municiDalitv or countv in which the licensee's branch or Dermanent office
js located. a nd bv Dav ina an administrative fee as estab lished bv the Maste r Fee
his
Persons not des irin a to r e- ' Schedule. r voluntarilv shall not be reauired to do so.
However. such Dersons shall be reau ired to D resent all docume ntation reauired bv t
subsection eac h time am lication for a buildina Permit is made,
Voluntarv reuisfration.
Sec. 66-38. Required; duration.
A ketw business tax is hereby levied upon and shall be collected from every person
exercising the privilege of carrying on or engaging in the businesses, professions, or
occupations hereinafter specifically enumerated, as fixed hereinafter. Each of the amounts,
unless otherwise specifically stated, shall be the amounts payable as a ketw business tax
for exercising the privilege of carrying on or engaging in the business, profession, or
occupation mentioned for each year beginning October 1. It shall be unlawful for any person
to carry on or engage in any business, profession, or occupation herein prescribed and
designated without first having paid the ';"""""business tax as provided in section 66-55(b)
or complied with the terms of this article.
Sec. 66-39. When due and payable; credit to current I;rslras Business tax
receipf holders.
The +keme business taxes required by this article shall be due and payable on
September 30 of each year unless otherwise provided herein; except a business that shall
begin between April 1 and September 30 may secure a kewse business ta x receiDt of one-
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half of the amount provided, unless otherwise provided for in section 66-68. If a business
remits full Davment o f its reauired bus iness t ax bv SeDte mber 30 and subseaue ntlv ceases
oDeratio 11s on o r be fr o e December 31 of that same vear. such business s hall be e li a i be I to
rece ive a Murid eaua lin a 50h O tax Daid. o f t h e bu sness i If the bus in ess c lo s e s betwee n
Januarv-and Marc hlh 3 . t e business will be eliaible to receive a refund eaua lin a 2 5h O o f t h e
business tax Da id. Reauests for refunds must b e sub mitted within 30 davs of business
nn closina bv Drovidi na a notariz ed statement containina the date t h e bus in ess cosed I a d a v ..
.. itional su pDorti n a documentation that mav be re a uir ed bv t h e ctv i.
Sec. 66-40. Delinquent payments; penalty.
la) All business ta x rece iDts shall be so Id bv t, he citv bea innina Julv 1 of each vear,
are due a nd Davab le on or before SeDtembe r 30 of each vea r. and exDire on
If SeDte m be r 30 fII a s o n a w ee kn e d o rh 01 i dav, SeDtembe r 30 of th e succeed in a vear.
the tax is due a nd Davab le on or before the first workina dav follow' ina SeDte mber 30.
Business ta x receiDts that a re not renewed when due a nd Davab le are delinauent and
subiect to a de linauencv De naltv of 10% for the month of Octobe r. ~lus an add itional 5
percent for each subseaue nt month of delinauencv until Daid. However. the tota I
delinauencv De naltv mav not exceed 25 % of the bus iness ta x for the de linauent
establishment.
I b) rson who enaaaes in or manaaes a nv bus iness. occuDat ion, or first obta inina a local business ta x receipt. if reauired! is subiect to a
Anv De
profession without
genaltv of 25% of the tax due. in add ition to a nv other Dena Itv Drovided bv law or
ordinance.
IC) Anv Derson who enaaaes in anv bus iness. occwat ion. or Drofession covered by
not Dav t he reauired bus iness ta x within 150 davs afte r the initial
notice of tax due and who does not obta in the reau ired bus iness ta x receiDt is subiect
this article who does
to c ivil actions and De nalties. includina court costs. reasonable atto rnevs fees,
additional adm in ist rat iv e costs incurred as a re s ult o f co II ecto i n e ff orts. a n d a De nI atv
Qf UD to $250.00.
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Sec. 66-41. Transfer of +kww Winess tax recem.
la) Transfer to ne w owner. Business tax receiDts issued u nder the Drovisions of
this chaDte r mav be t ransferred with the app roval and written authorization of the city
endorsed t hereon for the same business act ivitv for which thev were oriainallv issued
when t here is a bo na fide sa le and transfer of the DroDertv used and emDlOved in the
business : however. such transferred bus iness tax recebt shall not be considered va I id
for anv lonaer time nor for anv Place ot her than that for which it was oriainallv issued;
provided t hat the oriainal business tax receiDt shall be su rrendered to a nd filed with the
citv at t he time am lication for transfer is made. The transferred business tax receiDt,
after beina am roved. shall be of the same force and effect as t he oriainal business ta X
receiDt. At the time anv bus iness ta x recebt is transferred. the Derson applvina for
such t ransfer shall Dav to t he citv a t ransfer fee of UD to 10% of the annual business
tax. but not less than $3 .OO nor more than $25.00. as well as an insDect ion
administrative se Nice fee. the amount of which shall be set bv the Master Fee
Schedule and ame nded from time to t ime as necessarv to co ver administrative costs.
Transfer to new location. Business ta x receiDts mav also be t ransferred from
Jocat ion. to location with the am roval and written authorization of the city endorsed
thereon. Drovided no c hanae of ownershb has occu rred or is in the Drocess. a nd
provided that the bus iness ta x receiDt classification re mains una ffected. SUC h
transferred bus iness tax rece iot shall not be va lid for anv lonaer time nor for anv other
&De 0 f business tha n that which was oriainallv issued . In order for a bus iness tax
receiDt to be leaa Ilv transferred to a new location. the oriainal business tax receiDt
shall be su rrende red to a nd filed with the citv at t he time aDp lication for transfer is
f the made. a nd SUC h transferred bus iness ta x receipt, afte r beina am roved. shall be o
same fo rce and effect as t he oriainal bus iness ta x receipt. At t he time anv bus iness
Lax receiDt is t ransferred. the pe rson am lvina for such t ransfer shall pav to t he city a
trans fer fee o f UD to 10% of the annual business ta x. but not less than $3.00 nor more
than $25.00. as well as a n inspect ion adm inistrat ive service fee, t he amount of which
fees sha II be set bv t he Master Fee Sc hedule a nd amended from time to t ime to co ver
administrative costs.
4c) Trans fer to new name. Business ta x receiDts issued u nder the Drovisions of
this chaDte r mav be t ransferred to a new business name with the app roval and written
authorization of the citv endorsed thereon. Drovided t hat the classification of the
business tax receiDt does not chanae. a nd the location of t he bus iness a nd the
owne rshiD of the bus iness remains the same. SUC h transferred bus iness tax receiDt
shall not be valid for anv lonaer time nor for anv other place tha n t h at frwhi o ch i t w as
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issued . The oriainal business tax receiot shall be su rrendered to a nd filed
he time am lication for transfer is made. a nd SUC h transferred bus iness
griainm
ttv at t
lax receiot. afte r beina apo roved, s hall be o f the same force and effect as t he oriainal
with the c'
business ta x receiot. At the time anv business ta x receiot is transferred! the Person
mlvina for such transfer shall Dav to the citv a transfer fee. the amount of which shall
be set bv o rdinance of the citv council and amended from time to t ime to co ver
administrative costs. ..
Sec. 66-42. Tax required for each location.
(a) Any person operating any of the businesses provided for herein at more than
one location, each location shall be considered a separate business and a separate
keme business ta x receiot therefore required unless othewise provided for in this
article.
(b) Vehicles used by any person licensed under this article for the sale and delivery
of tangible personal property at either wholesale or retail from his place of business on
which a keme business ta x receiot is paid shall not be construed to be separate
places of business, and no keme business ta x receiot may be levied on such
vehicles or the operators thereof as salesman or otherwise by the city.
Sec. 66-43. Duplicate lirrslraaa
Duplicate kefws business ta x recebts may be issued by the city tax collector to the
person to whom the original keme business ta x receiot was initially issued to replace a
+kwe business tax rece iot which has been lost or destroyed, upon the submission by that
person of proof satisfactory to the tax collector that the person is the person entitled to the
duplicate +iww-business ta x receipt hereunder, that the provisions of this article have been
and are being complied with, and that the kewe busines s tax receiDt has in fact been lost or
destroyed. There shall be a fee of $3.00 to issue a duplicate keme business tax receiDt to
cover the cost of the city.
Sec. 66-44. Posting of CiSeRee business U recew.
Every person engaged in a business, occupation, or profession subject to the
provisions of this article, which business, occupation, or profession is conducted at or from a
fixed place of business, shall keep the kewe business ta x receiot issued therefore posted in
a conspicuous place upon the premises at or from which the business, occupation, or
profession is conducted.
fa bus iness tax receiot shall merelv indicate that the app licant has oa' id
x. The mistaken issuance of a bus iness ta x receiot shall not be
The issuance o
f anv orovision of the citv code. nor shall the issuance of a bus iness
the aooroorhk business ta
iudament of the citv as to t he comoetence o f the am licant tQ
deemed to be a waiver o
nstrued to be a
for which the bus iness ta x receipt was issued,
tax receiDt be co
transact the business
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Sec. 66-45. Evidence of engaging in business.
(a) Evidence. The fact that any person represented himself as being engaged in
any business, occupation, or profession for which a kewe business tax receiDt is
required for the transaction of business or the practice of the profession shall be
evidence of the liability of the person to pay a business ta x receiDt, regardless
of whether the person actually transacts any business or practices a profession.
Displaying a sign or advertising indicating the conduct of a business or profession b~
De of media 1,
ew#bwwh shall be evidence that the person is holding himself as
being engaged in a business or profession.
..
(b) One act constitutes doing business. For the purpose of this section, any person
shall be deemed to be in business or engaging in nonprofit enterprise and thus be
subject to the requirements of this article when he does one act of:
(1) Selling any goods or services.
(2) Soliciting business or offering goods or services for sale or for hire.
Obta inina o r poss essina a cu rrent Palm Beach County Business Tax
ReceiDt with a Palm Beach Gardens address.
44) Reaisterina with the State of Florida Division of CorDorations.
(c) Agents responsible for obtaining kwse business fa x receids. The agents or
other representatives of nonresidents who are doing business in #is & city shall be
personally responsible for the compliance of their principals and of the business they
represent with this article.
Sec. 6646. Engaging in business without kense business tax receir;zlts or
upon false statements.
It shall be unlawful for any person to engage in any trade, business, profession, or
occupation within the city without a kwse business ta x receipt, or upon a kewe business
bx receiDt issued upon false statements made by any person or Qn his behalf.
I a) No bus iness ta x receipt shall be issued unless it is found that the DroDosed
ci n' ildina. and fire codes a nd all busi ness and location comPlv with the tv zo inq, bu
other am1 icable citv ordinances.
lb) reauired under state law unless D roof of said cert ification is or0 vided.
No bus iness ta x receiDt shall be issued for an occuDat ion where cert ification is
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IC) A bus iness ta x receiDt mav be suspe nded or revoked if it is determined that the
amlicant for such business ta x receiDt made false statements or committed fraud o n
the apglication.
4d) An initial dete rmination reaardina suspe nsion or revocation will be made bv the
amrowiate deDart ment head.
le) The amlicant shall have 10 davs. after receivina notification in writina from the
Business Serv ices D ivision of the susDension or revocation. to aDpea I the
term ination of the am rotxiate depart ment head to the SDec ial Maaistrate. The
reauest for aDp ea1 shall be filed in writina with the Bus in ess Serv i ces Division.
40 Within 15 davs afte r receipt of the apDeal. the Spec ial Maaistrate shall hold a
auas i-iudicial hea rina in the denial of the bus iness ta x receipt arm lication or the
SusDension or revocation.
Sec. 66-46.2. Ultra vires transactions: fraudulent busipess tax receipts void.
No busi ness ta x receiDt issued u nder the pro visions of this chaDte r shall Drotect a nv
person from orosecut ion for transactina anv bus iness. t rade, o r Drofession not co vered bv t he
business ta x receiDt. No bus iness ta x receiDt issued shall orotect a nv merchant doing
b usiness with a areater stock in trade than is covered bv th e bus in ess ta xr eceDt i. An v
business ta x recebt issued UDO n anv false state ment made u nder oath shall be co nsidered
void ab initio. and shall not Drotect the holder thereof from Prosecut ion for transacting
business without a bus iness ta x receipt.
Sec. 66-47. Termination upon adjudication of bankruptcy and the like.
(a) It shall be unlawful for any person to engage in the business of selling or sell
any goods, wares, merchandise, or other personal property, advertised as or generally
referred to as bankrupt sale, wholesale's or manufacturer's closing out sale, or as
goods damaged by fire, smoke, water, or otherwise, before the person shall have filed
an application with the city for a +ke~~ business tax receipt to conduct the business
or make the sale.
(b) It shall be unlawful for any lkewee business ta x receiDt ho lder to include other
goods or merchandise with the stock on hand at the time of application for the kewe
business tax rece iDt. No person issued a kewe business ta x receiDt under this
section shall be permitted to reopen the business for which same shall be issued, and
no kefw business tax receipt shall be issued for that purpose.
Sec. 66-48. Report of information by taxpayer to city; investigation and
inspection.
Each person required to pay a kefw business tax required by this article shall report
under oath to the city giving all the information necessary for a proper determination therein
of the amount of the kewe business tax due. In the case of wholesale and retail merchants,
same shall show the total stock of merchandise on an annual bas is. The city is authorized to
propound interrogatories and to furnish forms for the filing of the returns and to require the
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giving of any information necessary to enable him or his authorized deputy to determine the
proper amount of ketwi? business ta x due, and to make an investigation and inspection of
the place of business and records of the person required to pay a +bewe business tax as he
may determine necessary in order to verify any returns or determine the proper kmse
business tax amount.
Sec. 66-49. Enforcement; assistance from the dMW+eke code com
division.
It shall be the duty of the city and to enforce each and all of the provisions of this
article, except as otherwise exDresslv Drovided in this articl- . TheMeW w+= code CcmD liance division shall render any assistance in the enforcement of this article
as may be reauired from time to time !x wquifed . The city is authorized to prescribe
reasonable rules and regulations and make interpretive rulings as may be necessary to
effectuate the provisions of this article.
Sec. 66-50. Compliance.
Where the principal, master, or employer has complied with the provisions of this
article, it shall be unnecessary for his agent, servant, or employee to comply herewith, unless
otherwise expressly provided for herein. However, if the principal, master, or employer shall
not have complied with this article, each of his agents, servants, or employees shall be
subject to prosecution and, upon conviction, to a fine or imprisonment to the same extent as
his principal, master, or employer.
Sec. 66-51. Business falling into more than one classification to meet
requirements of each.
Whenever any occupation, business, profession, or privilege shall fall into more than
one of the classifications contained in the +kwe business tax schedule, the occupation,
recebj requirements of each classification or privilege.
business, profession, or privilege shall be required to comply with the +kense business ta X
Sec. 66-52. Classification of self by owner of established place of business.
(a) Any person specifically classified in this chapter and having a fixed or flat
ketwi? business tax receiDt fee imposed, who maintains a regularly=established place
of business in the city* and who keeps complete records of all business transacted,
and which business by the nature thereof is capable, for the purpose of this article, of
being classed as a merchant, may elect to classify himself or itself as a retail or
wholesale merchant, as the case may be, by complying with the requirements of this
article for merchants, and pay on the basis of the merchant's rateT in lieu of the fixed or
flat rate, provideds that, upon the election, stock of merchandise shall mean stock of
merchandise for all business transacted by that person.
(b) The following businesses, professions, or occupations are excluded from
qualifying for a merchant's ketxe business ta x receiDt hereunder, to wit:
(1) Abstract companies or abstractors.
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(2) Auditors, public accountants, auditing companies, and public
bookkeepers.
(3) Brokers.
(4) Insurance adjusters.
(5) Insurance agents.
(6) Insurance companies or bonding companies.
(7) Professions.
Sec. 66-53. How tax construed as to professions.
The tax provided in the kewe business tax schedule for architects, auctioneers,
auditors or accountants, dentists, draftsmen, professional engineers, lawyers, osteopaths,
chiropractors, chiropodists, phrenologists, physicians or surgeons, real estate and insurance
salesmen, or other similar professions) s hall be Daid as
herein Drovided, whether practicing by himself or in partnership or employed by another.
Sec. 66-54. Tax on interstate business done within state only.
The tax imposed by this article on express companies, railroad companies, telephone
companies, telegraph companies, and other companies engaged in interstate commerce is
imposed upon the business actually done by any company within the city and to and from
points within the state, and is not imposed upon any business done for the United States
government or in interstate business.
Sec. 66-55. Liability insurance required; expiration dates, cancellation.
(a) Whenever a kenw business ta x receiDt is issued under this article, the fee for
which is dependent upon the number of vehicles operated by the +keswe business
tax receiDt holders or in which such business the use of any truck or other similar
vehicle is required or, in effect, the +iw+see business ta x receiDt holder, in addition to
all other requirements of law, shall carry in full force and effect at all times and shall
submit satisfactory proof thereof, at the time of making application for the kenw
business ta x rece ipt, a minimum of public liability insurance as is required by the state
motor vehicle responsibility act. In addition thereto, the +bnsees business tax receiDt
holders, as are designated in the kenw business ta x rece iDt schedule, shall carry
additional higher limits as are set forth in this article. In addition thereto, +bnsees
business tax receiDt ho lders shall furnish to the city a certificate of general liability
insurance of at least $100,000.00 for one injury or $300,000.00 for more than one
injury, covering the negligence of all persons engaged in the business, whether owner,
servants, agents, or employees while they are within their scope of authority or
employment.
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(b) Whenever liability insurance is referred to herein as a prerequisite to the
issuance of any lkefse business tax receipt, the insurance shall be written for a period
of time to coincide with that of the knse business tax receipt being sought. In all
events, this shall be for a period to extend through and including October 1, following
the effective date of the issuance of the kewe business ta x receipt. Notice of
cancellation of any policy of liability insurance required herein must be furnished to the
city prior to the effective date of the cancellation by the company writing the insurance
or by the policyholder. Failure to submit proof prior to the expiration date or effective
date of the cancellation referred to above by the kemee business tax receipt holder
or his agent shall result in the automatic suspension of the
I;rranEn business ta x receipt until such time as the proof is submitted to the city.
As a D rereauisite to receivina a local business t ax receipt unde r section 66-37. the
applicant o r new owner must D resent to the citv either:
A CODV o f the am licant's or new owner's current fictitious name reaistration
rssued bv t he Division of Corporations of the Depart ment o f State : or
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42) A written state ment sianed bv the am licant or new owner which sets forth the
reason that the am licant or new owner need not camp Iv with the Fictitious
Name Act.
Sec. 66-57. Certificate of competency; examinations for kefwes business tax
receiDts-
Whenever it is provided by an ordinance of the city, an examination must first be
business
business ta x rece ipt holder obta ins a
passed by any applicant for a kfse business ta x receipt; no
bx rece ipt shall be issued unless the
current certificate of competency to engage in the respective field of work.
Sec. 66-58. Professions; state licensure prerequisite to city kmwe hiness tax
receiDt-
(a) bus iness tax
receipt to practice any profession regulated by the department of professional
regulation, or any board or commission thereof, must exhibit an active state certificate,
registration, or license, or proof of copy of the same, before the city eaxptbd
+ke~~ business tax receipt may be issued. fi - Any person applying for or renewing a city
Page 12 of 19
Ordinance 7,2010
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10 statutes.
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12 Sec. 66-59. Exemption allowed certain disabled persons, the aged, and widows
13 with minor dependents.
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15 (a) All disabled persons physically incapable of manual labor, widows with minor
16 dependents, and persons 65 years of age or older, with not more than one employee
17 or helper, and who use their own capital only, not in excess of $1,000.00, shall be
18 allowed to engage in any business or occupation in counties in which they live without
19 being required to pay for a 4kmse business ta x receiDt. The exemption provided by
20 this section shall be allowed only upon the certificate of the county physician, or other
21 reputable physician, that the applicant claiming the exemption is disabled, the nature
22 and extent of the disability being specified therein, and in case the exemption is
23 claimed by a widow with minor dependents or a person over 65 years of age, proof of
24 the right to the exemption shall be made. Any person entitled to the exemption
25 provided by this section shall, upon application and furnishing of the necessary proof
26 as aforesaid, be issued a kewe business t ax receiDt which shall have plainly
27 stamped or written across the face thereof the fact that it is issued under this section
28 and the reason for the exemption shall be written thereon.
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30 (b) In no event under this or any other law shall any person, veteran, or otherwisq
31 be allowed any exemption whatsoever from the payment of any amount required by
32 law for the issuance of a kewe business ta x receiDt to sell intoxicating liquors or malt
33 and vinous beverages.
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(a) Any bona fide, permanent resident elector of the state who served as an officer
or enlisted person during any of the periods specified in F%s Section l.Ol(4-5j~
Florida Statutes (2009), in the Armed Forces of the United States, National Guard, or
United States Coast Guard or Coast Guard Reserve, or any temporary member
thereof, who has actually been, or may hereafter be, re-signed by the a@ fEorce,
aermy, RNavy, ssoast gsuard, or mMarines to active duty during any war, declared or
undeclared, armed conflicts, crises, and the like, who was honorably discharged from
the service of the United States, and who at the time of his application for a kewe
business ta x receiDt shall be disabled from performing manual labor shall, upon
sufficient identification, proof of being a permanent resident elector in the state, and
production of an honorable discharge from the service of the United States:
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Be granted a keme business tax receipt to engage in any business or
occupation in the city which may be carried on mainly through the
personal efforts of the I;rrClnECICI business ta x receiDt holder as a means of
livelihood and for which the city kmse business ta x recebt does not
exceed the sum of $50.00 for each without payment of any kmse
business tax otherwise provided for by law; or
Be entitled to an exemption to the extent of $50.00 on any keme
business ta x receiDt to engage in any business or occupation in the city
which may be carried on mainly through the personal efforts of the
+kemee business tax recebt holder as a means of livelihood when the
city I;rmncn business tax receiDt for such business or occupation shall be
more than $50.00. The exemption shall extend to and include the right
of the ketwe business ta x receiDt holder to operate an automobile-for-
hire of not exceeding five-passenger capacity, including the driver, when
it shall be made to appear that such automobile is bona fide owned or
contracted to be purchased by the lkmsee business t ax receiDt holder
and is being operated by him as a means of livelihood and that the
proper keme business tax for the operation of the motor vehicle for
private use has been applied for and attached to the motor vehicle and
the proper fees therefore paid by the +kensee business ta x receiDt
holder.
(b) When any such person shall apply for a kmse business ta x receiDt to conduct
any business or occupation for which the city keme business tax shall exceed the
sum of $50.00, the remainder of such keme business tax in excess of $50.00 shall
be paid by him in cash.
(c) The city shall issue to such persons as may be entitled hereunder a +kewe
business ta x rece iPt pursuant to the foregoing provision and subject to the conditions
thereof. The ';"""""business ta x recebt when issued shall be marked across the
face thereof "Veterans Exempt &ewe Business Tax ReceiDt--Not Transferable."
Before issuing the same, proof shall be duly made in each case that the applicant is
entitled under the conditions of this section to receive the exemption therein provided
ieF. The proof may be made by establishing to the satisfaction of the city by means of
certificate of honorable discharge or certified copy thereof that the applicant is a
veteran within the purview of subsection (a) of this section and by exhibiting:
(1) A certificate of government-rated disability to an extent of 10% wr
more;
(2) The affidavit or testimony of a reputable physician who personally knows
the applicant and who makes oath that the applicant is disabled from
performing manual labor as a means of livelihood;
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(3) The certificate of the veteran's service officer of the county in which the
applicant lives, duly executed under the hand and seal of the chief officer
and secretary thereof, attesting the fact that the applicant is disabled and
entitled to receive a lkense business tax receipt within the meaning and
intent of this section;
(4) A pension certificate issued to him by the United States by reason of
such disability; or
(5) Such other reasonable proof as may be required by the city to establish
the fact that the applicant is so disabled.
(d) All kenses business ta x receipts issued under subsection (a) of this section
shall be in the same general form as other city kenses business ta x receipts and shall
expire at the same time as such other kenses business ta x receipts are fixed to
expire.
(e) All Ikmses business ta x receipts obtained under the provisions of subsection
(a) of this section by the commission of fraud shall be deemed null and void. Any
person who has fraudulently obtained any such ikemse business tax receipt, or who
has fraudulently received any transfer of a ikemse business ta x receipt issued to
another, and has thereafter engaged in any business or occupation requiring a kefw
business tax receipt under color thereof shall be subject to prosecution as for
receipt.
engaging in a business or occupation without having the required kefw business ta X
(9 In no event shall any person, veteran or otherwise, be allowed any exemption
whatsoever from the payment of any amount required for the issuance of a ketw
business ta x receipt to sell intoxicating liquors or malt and vinous beverages.
(9) The unremarried spouse of the deceased disabled veteran of any war in which
the United States Armed Forces participated will be entitled to the same exemptions
under subsection (a) of this section as the disabled veteran.
Sec. 66-61. Sale of farm products.
(a) No bus iness tax re ceipt shall be required of any natural
person for the privilege of engaging in the selling of farm, aquacultural, grove,
horticultural, floricultural, tropical piscicultural or tropical fish farm products, or products
manufactured therefrom, except intoxicating liquors, wine, or beer, when such
products were grown or produced by such natural person in the city.
(b) A wholesale farmers' produce market shall have the right to pay a tax of not
more than $200.00 for a kefw business ta x receipt that will entitle the market's stall
tenants to engage in the selling of agricultural and horticultural products therein, in lieu
of such tenants being required to obtain individual city business
tax receipts to so engage.
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Sec. 66-62. Mobile home setup operations.
Any duly licensed mobile home dealer or a duly licensed mobile home manufacturer,
or an employee of such dealer or manufacturer, who performs setup operations as defined in
F.S. 3 320.822, shall not be required to kdhmsed obt ain a bus iness ta x receiDt to engage in
such operations. However, such dealer or manufacturer shall be required to obtain aR
business ta x receiDt for his permanent business location or branch
office, which kewe business ta x recebt shall not require for its issuance any conditions
other than those required by lG&&A?Q Chapter 320: Florida Sfa tu tes .
Sec. 66-63. Religious tenets; exemption.
Nothing in this article shall be construed to require a kewe business tax receiDt for
practicing the religious tenets of any church.
Sec. 66-64. Charitable, etc., organizations; occasional sales, fundraising;
exemption.
No business ta x receiDt shall be required of any charitable,
religious, fraternal, youth, civic, service, or other such organization when the organization
makes occasional sales or engages in fundraising projects when the projects are performed
exclusively by the members thereof and when the proceeds derived from the activities are
used exclusively in the charitable, religious, fraternal, youth, civic, and service activities of the
organization.
Sec. 66-65. Merchant category.
(a) Election as wholesaler, retailer. Any person who is both a wholesale and retail
merchant is required to make separate reports for the wholesale business and for the
retail business and to obtain +kmses business ta x receiDts accordingly. However, any
retail merchant who desires to do a wholesale business also may elect to do
wholesale business under his retail kewe business ta x rece iDt by paying the kewe
business tax based on both the retail and wholesale business at the retail rate.
(b) Basis offax. Any person beginning any new business coming under any article
the -business ta x receipt for which is based on stock of merchandise, shall pay
the minimum and all other kewes business tax recebts required and shall at the end
of the first 60 days' business, file a sworn statement of the stock of merchandise as
shown by an inventory thereof taken on the 60th day, and the keme business tax
shall be computed on inventory, and whatever additional tax, if any, is due shall be
paid at the time, and a receipt shall be issued showing the payment of the amount.
Change of management or ownership during either the preceding or current kense
business ta x receiDt year shall not cause a merchant or a broker to come within the
classification of one beginning a new business, except in any case where the records
of the preceding year have been lost, destroyed, or are incapable of being analyzed,
the business shall be classified as a new business, or the keme business ta x recebt
may be arrived at as may be otherwise provided for. Where it is required in this article
that a kewe business tax shall be based on stock of merchandise, it shall be in
addition to any kewe business taxes paid under any other classifications, and the
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Ordinance 7,2010
stock of merchandise as used for the determining of the kmse business tax receiDt
shall be based on the stock of all merchandise whether classified +kwtses business
tax receipts are also required or not.
(c) Chain stores. Persons having what is known as chain stores, and operating in
addition thereto wholesale depots or warehouses, where they furnish and replenish
their chain stores, are liable for the w business &for - wholesale merchants, and
for every distributing house or place in the city operated by any person engaged in the
business of a merchant in this city for the purpose of distributing goods, wares, and
merchandise among his retail stores, a separate ketwsbusiness tax receiDt shall be
required. The goods, wares, and merchandise, distributed through the distributing
house or place shall be regarded as stock of merchandise for the purpose of
measuring the ket+6e business tax, which tax shall be the same as the lkeme
business ta x imposed hereby on a wholesale merchant, and where no wholesale price
is used in the accounting of the distribution, the usual market price or value shall be
used.
(d) Sale of gold. No part of this article requiring a keme business t ax receiDt
measured by stock of merchandise shall apply to any sales of gold or other articles
where the United States government or the state definitely controls and fixes the price
at which the same shall be bought and sold.
Sec. 66-66. Requirements by applicant for license prior to issuance.
Before the c itv shall be rea uired to issue a bus' mess tax receiDt for enaaaina in or
carrvina on anv o f the bus inesses. D rofessions. o r OCCUD ations sDec ified and set forth herein,
h amlication shall jt shall be the dutv of the am licant to file an amlication with the city. SUC
be in the form reau ired bv t he citv. All aDDlicable dePartme nts shall review the amlication
and insDect the D rem ises whenever an amlication is subm itted in order to e nsure that the
Page 17 of 19
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premises a re in comdiance with all city codes. No bus iness ta x recebt will be issued unless
and/or until the D roPosed bus iness entitv is in compliance with all citv codes and the
amrotxiate bus iness ta x has bee n Daid.
Sec. 66-67. Right to amend licenses unaffected.
The adoption of this article and schedule of kmses business ta xes shall not abridge
the right of the city council to change, alter, increase, decrease, or revoke any of the
regulatory licenses or to pass other ordinances providing for excise or license taxes or other
liens or assessments whether pertaining to any of the subjects contained or provided for in
this article or not, and the same shall not affect any of the matters or provisions of this article
unless specifically so stated.
Sec. 66-68. Fee schedule.
The classification and rates of all lkewe business taxes are hereby fixed per annum,
unless otherwise provided as follows:
(The list of business taxes shall remain in full force and effect as previously adopted.)
SECTION 2. Each and every other section and subsection of Chapter 66. TAXATION.
shall remain in full force and effect as previously enacted.
SECTION 3. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 4. Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 5. Specific authority is hereby granted to codify this Ordinance.
SECTION 6. This Ordinance shall take effect immediately upon adoption.
(The remainder of this page intentionally left blank)
Page 18 of 19
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Ordinance 7, 2010
PASSED this day of , 2010, upon first reading.
PASSED AND ADOPTED this day of , 2010, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Joseph R. Russo, Councilmember
Eric Jabk, Councilmember
Jody Barnett, 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\ORDlNANCESPOl O\Ordinance 7201 0-Business Tax Receipts-finaldoc
Page 19 of 19
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: May 6,2010
Resolution 19,2010
SubjecVAgenda Item:
Piggyback Agreement with CXT, Inc. in the amount of $207,114.03 for a Pre-Fabricated
Concrete Flush Toilet Building, to be located at PGA National Park, via a Leon County
Contract, No. BC-07-16-09-51
[ x ] Recommendation to APPROVE
1 Recommmation to DENY
n I Todd Engle &
Finance Administrator
Advertised:
Date:
Paper:
[ x ] Not Required
Jack Doughney
Community Services
Administrator
Department Affected parties
Administrator
City Managbr I [ x ] Not required
Costs: $207.1 14.03
(Total)
$207.1 14.03
Current FY
Funding Source:
[ ] Operating
[ X ] Other
Capital
Budget Acct.#:
301.2000.572.6900
REC0079
Council Action:
[ ] Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Location Map/
Conceptual Master
Plan
Resolution 19, 201 0
Agreement
Exhibit: Piggyback
[ ]None
Meeting Date: May 6,2010
Resolution 19,2010
BACKGROUND:
The conceptual master plan for the PGA National Park Improvements Project was
developed with public participation at four separate workshops including the Recreation
Advisory Board and Planning, Zoning, and Appeals Board meetings. Elements from the
master plan were separated into four phases. Currently, Phase IV is under
construction. This final phase includes the installation of restrooms and a concession
stand to service the newly installed multi-purpose fields (soccer, football, and lacrosse).
This project was approved in the Capital Improvement Plan as part of the FY 2006/2007
budget (pages 239,244, and 248) from Recreation Impact Funds.
Staff received a proposal from CXT, Inc. to purchase a Pre-fabricated Concrete Flush
Toilet Building with a concession component. CXT, Inc. has an existing agreement with
Leon County (Contract No. BC-07-16-09-51) for such a building. The following is a
request for a purchase award to CXT, Inc. in the amount of $207,114.03 for the Pre-
fabricated Concrete Flush Toilet Building. The use of a prefabricated system will result
in less disruption to this active park, as well as create less waste than conventional
construction. The City has already installed a smaller CXT, Inc. unit at this park that
services the playground and tennis courts. If approved, the building will be installed in
the Summer 201 0.
STAFF RECOMMENDATION: Approve Resolution 19,2010 as presented.
I'I P e a" 4 a" J
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RESOLUTION 19,2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A “PIGGYBACK”
FABRICATED CONCRETE FLUSH TOILET BUILDING TO BE
LOCATED AT PGA NATIONAL PARK VIA AN EXISTING
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
AGREEMENT WITH CXT, INC. FOR THE PURCHASE OF A PRE-
CONTRACT WITH LEON COUNTY (NO. BC-07-16-09-51);
WHEREAS, the City desires to install a pre-fabricated concrete flush toilet
building with a concession component at PGA National Park; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback an agreement awarded by another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City has received a proposal from CXT, Inc. for such a building;
and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interests of the citizens and residents of the City of Palm Beach Gardens to
award the purchase to CXT, Inc., based on an existing agreement executed by Leon
County (No. BC-07-16-09-51) effective through September 30, 201 2; and
WHEREAS, based on the recommendation of City staff, the City wishes to enter
into an agreement with CXT, Inc., to provide such products and services in the amount
of $207,114.03, which has been prepared and is attached hereto; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby authorizes the Mayor to execute an
agreement for the purchase of a pre-fabricated concrete flush toilet building for PGA
National Park with CXT, Inc. in the amount of $207,114.03 via an existing contract with
Leon County (No. BC-07-16-09-51.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Resolution 19, 2010
PASSED AND ADOPTED this day of ,2010.
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:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONSL!Ol O\Resolution 19 2010 - CXT agmt.docx
2
PIGGYBACK AGREEMENT
THIS AGREEMENT is made this day of 2010, by
and between the CITY OF PALM BEACH GARDENS, a municipal cbrporation
(hereinafter referred to as “City”), whose address is 10500 North Military Trail, Palm
Beach Gardens, Florida 33410, and CXT, INC., (hereinafter referred to as “Vendor”),
whose address is 3808 North Sullivan Road, Building No. 7, Spokane, Washington
99216 (the “Agreement”).
WHEREAS, the Vendor responded to that certain invitation to bid for a term
contract for Bid No. BC-07-16-09-51 entitled Pre-Fabricated Concrete Flush Toilet
Buildings, Continuing Services (hereinafter referred to as “Bid”), issued by Leon County,
Florida; and
WHEREAS, the Vendor’s Bid was the winning bid and the CITY is desirous of
piggybacking on the agreement between Leon County, Florida and the Vendor for a
term contract for Bid No. BC-07-16-09-51 entitled Pre-Fabricated Concrete Flush Toilet
Buildings, Continuing Services, dated September 8, 2009 (hereinafter referred to as
“County Agreement”), attached hereto as Exhibit “A; and
WHEREAS, the Vendor is desirous of having the City piggyback onto the County
Agreement pursuant to the terms and conditions therein, except as modified herein in
accordance with the terms and conditions more particularly set forth hereinbelow.
NOW, THEREFORE, in consideration of the mutual promises contained herein
and other good and valuable consideration of which the parties hereto acknowledge, the
parties agree as follows:
1. The above recitals are true and correct and are incorporated herein by
reference.
2. The Vendor shall provide to the City certain contract services, goods, and
products, for Pre-Fabricated Concrete Flush Toilet Buildings, Continuing
Services, as found in the County Agreement. The pricing for such goods,
services and/or materials and supplies shall be the same as the County
Agreement.
3. The contract amount that the City is permitted to spend in connection with
the County Agreement and this Agreement with the Vendor is set forth in
Exhibit “B,” attached hereto and by this reference incorporated herein; if no
Exhibit “B,” then in accordance with the City’s budget for the same, as may
be amended from time to time. The parties hereto understand that although
the City has budgeted for the amount of said projects, the obligations of the
City under this Agreement are subject to the availability of funds lawfully
appropriated for its purpose by the City. Nothing herein, however, shall
prevent the City from seeking a budget amendment should it require
additional sums of money for its projects due to change orders approved in
writing by the City. All purchases pursuant to this Agreement shall be done
in accordance with the City’s Purchasing and Procurement Manuals and
procedures. All purchases shall be evidenced by such approved purchase
orders. The City shall make payments to the Vendor in accordance with the
Florida Prompt Payment Act.
4. The Vendor shall provide to the City all services, goods, work, and products
pursuant to the County Agreement and this Agreement. All prices for the
items and work herein and in the County Agreement shall be in accordance
with the County Agreement and any discount prices provided for therein. All
purchases shall be evidenced by a purchase order from the City. The
parties hereto understand that payment and performance bonds may be
needed from the Vendor for projects in accordance with Section 255.05,
Florida Statutes, and the City’s Purchasing and Procurement Manual,
policies and procedures, and state law. The Vendor agrees not to perform
any work without all bonds and/or insurance required by the City.
5. The Vendor shall provide the City evidence of the following minimum
amounts of insurance coverage prior to commencing any work under the
Agreement.
Workers’ Compensation and Employer’s Liability coverage to apply to all
employees for statutory limits in compliance with applicable State and
Federal laws.
Commercial General Liability shall have minimum limits of $ 1,000,000 Per
Occurrence Combined Single Limit for Personal Injury, Bodily Injury, and
Property Damage Liability. Coverage shall include Premises and/or
Operations, Independent Vendors, Products and/or Complete Operations,
Contractual Liability, and Broad Form Property Damage Endorsements.
Business Auto Liability shall cover any auto for bodily injury and property
damage and shall include owned vehicles, hired and non-owned vehicles,
and employee non-ownership with minimum limits of $ 1,000,000, per
occurrence combined single limit for bodily injury and property damage.
A signed Certificate or Certificates of Insurance, evidencing that required
insurance coverage has been procured by the Vendor in the types and
amount(s) required hereunder, shall be transmitted to the City prior to
commencement of any services under this Agreement.
Except as to Workers’ Compensation and Employer’s Liability, said
Certificate(s) shall clearly state that coverage required has been endorsed
to include the City of Palm Beach Gardens, a municipal corporation of the
2
6.
7.
State of Florida, its officers, agents, and employees as Additional Insured.
The Certificate of Insurance shall provide thirty (30) days’ written notice to
the City prior to any adverse change, cancellation, or non-renewal of
coverage thereunder. Said liability insurance must be acceptable to and
approved by the City as to form and types of coverage prior to
commencement of any services provided by the Vendor under this
Agreement. In the event that the statutory liability of the City is amended
during the term of this Agreement to exceed the above limits, the Vendor
shall be required, upon thirty (30) days’ written notice by the City, to provide
coverage of at least equal to the amended statutory limit of liability of the
City.
The City may require the Vendor to provide payment and performance
bonds for such work that it performs for the City in accordance with the
terms and conditions of this Agreement and the County Agreement. Any
work exceeding Fifty Thousand Dollars ($50,000.00) shall require such
Bonds. Should the City require such bonds, it shall notify the Vendor,
unless otherwise provided above, prior to commencement of any work
required herein, and no work shall commence until the City has received
and approved such bonds. The amount of such bonds and form of such
bonds shall be determined by the City and shall be in conformance with all
applicable Florida laws, including, but not limited to, Section 255.05, Florida
Statutes. All bonds shall be for 100% of the value of the work and
materials.
The Vendor agrees, warrants, covenants, and represents that all products,
goods, services, and work that it shall perform pursuant to this Agreement
and the County Agreement as it relates to the City, including any work done
by its subcontractors or at its direction, shall be free from all defects and
done in a workmanlike manner. The Vendor warrants the merchantability
and fitness of the services, goods, products, and work as contemplated in
this Agreement and the County Agreement as it relates to City’s intended
use. The Vendor agrees to warrant the services, goods, products, and work
for a period of one year from the date of acceptance of the same by the City
or for such warranty period as provided in the County Agreement, whichever
is greater. The Vendor shall, prior to any payments being made pursuant to
this Agreement, provide releases of liens in such form and such amount as
the City specifies in approved draw schedule(s). All lien releases shall
conform with the Florida Mechanic’s Lien Law Section 713.01, Florida
Statutes, et. seq. and Section 255.01, Florida Statutes, et. seq. Further,
upon completion of the work by the Vendor, the Vendor shall provide the
City with a Vendor’s Final Affidavit pursuant to the statutes referenced
above and Florida Law and as reasonably determined by the City, together
with final lien releases from all parties working for or under the Vendor
regardless of privity.
3
8. The Vendor agrees to supply the City with adequate personnel to provide
timely completion of all projects and support contemplated by this
Agreement and the County Agreement as it relates to the City. The parties
hereto understand that time is of the essence. The Vendor agrees to
complete the work within the time provided in accordance with its notice to
proceed issued by the City. If the Vendor fails to timely complete such work
within the time provided, such failure shall be cause for default, and the City
may seek all damages in law and/or equity. The Vendor agrees to
designate Jeff Chambers as the Vendor’s project representative to the City
in connection with this Agreement. The City agrees to designate Todd
Engle, P.E. as its project representative pursuant to this Agreement. The
parties hereto reserve the right to change project representatives on an as-
needed basis.
Persons employed by the Vendor in the performance of services pursuant to
this Agreement shall not be considered employees of the City, shall be
independent thereof, and shall have no claim against the City as to pension,
workers’ compensation, insurance, salary, wages, or other employee rights
or privileges granted by operation of law, and shall be 18 years of age or
older. Under no circumstances will any employee of the Vendor be
permitted to allow minors (under 18 years of age) and/or anyone who is not
an employee of the Vendor to enter any City facility at any time for any
reason
9. The Vendor agrees to protect, defend, reimburse, indemnify, and hold the
City, its agents, employees, and elected officers and each of them free and
harmless at all times from and against any and all claims, liability, expenses,
losses, suits, costs, fines and damages (including attorney fees), and
causes of action of every kind and character against or from the City by
reason of any damage to property or the environment, or bodily injury
(including death) incurred or sustained by any party hereto, or of any party
acquiring any interest hereunder, and any third or other party whomsoever
or any governmental agency, arising out of or incident to or in connection
with the Vendor’s performance under this Agreement; provided, however,
the Vendor shall not be responsible to the City for damages resulting out of
bodily injury or damages to property which the Vendor can establish as
being attributable to the sole negligence of the City, its respective agents,
servants, employees, or officers.
The indemnification shall include, but not be limited to, suits, actions, or
claims brought because of any injuries or damages sustained by any person
or property on account of the Vendor’s performance in connection with the
Agreement; or in consequence of any neglect in performing the work; or
because of any act or omission by the Vendor. This clause shall survive the
term of this Agreement.
4
10. In performance of its obligations hereunder, the Vendor agrees to comply
with all applicable laws, rules, regulations, orders, codes, ordinances,
criteria, and standards, whether state, federal, or local.
11. The City reserves the right in its sole discretion to accept the use of a
subcontractor or to reject the selection of a particular subcontractor. If a
subcontractor fails to perform as determined by the City in accordance with
this Agreement and it is necessary to replace the subcontractor in order to
provide services as required, the Vendor shall promptly do so, subject to
acceptance of the new subcontractor by the City.
12. All work for a public entity must be accompanied by a signed
acknowledgement of Notification of the Public Entity Crime Law. The
Vendor must submit the required acknowledgement, attached hereto as
Exhibit “C” prior to execution of this Agreement pursuant to Section
287.1 33(3)(a), Florida Sfafufes.
13. The Vendor certifies that all material, equipment, etc., to be utilized by the
Vendor in connection with the performance of its services under the
Agreement meets all Occupational Safety and Health Administration
(“O.S.H.A.”) requirements. The Vendor further certifies that if such material,
equipment, etc., utilized is subsequently found to be deficient in any
O.S.H.A. requirements, all costs necessary to bring the material, equipment,
etc., into compliance with O.S.H.A. requirements shall be borne by the
Vendor.
14. All measures necessary to ensure that employees comply with the security
rules and regulations of the City and all Federal, State, and County rules,
laws, and regulations shall be the responsibility of the Vendor.
Employees of the Contactor shall not use controlled substances not
prescribed for them, or illegal substances on or off the City’s premises, and
shall not use alcohol on the City’s premises or preceding their work shift
which would in any way affect the performance of the services. The Vendor
will execute the attached Drug-Free Workplace Acknowledgement attached
hereto as Exhibit “D.”
The Vendor shall attest in writing that a background check, to the extent
allowed by law, of employment history and references has been conducted
on each employee within four (4) weeks of initial employment. The City
shall have the right to request any additional investigative background
information, including, but not limited to, the employment record of any
personnel assigned to perform the services under this Agreement. The
Vendor shall furnish, in writing, such information to the extent allowed by
law within thirty (30) calendar days after receipt of written request from the
City‘s representative. The City reserves the right to conduct its own
5
investigation of any employee of the Vendor. The Vendor shall remove from
service on the premises of the City any employee of the Vendor who, in the
opinion of the City, is not performing the services in a proper manner, or
who is incompetent, disorderly, abusive, dangerous, or disruptive or does
not comply with the rules and regulations of the City. Such removal shall in
no way be interpreted to require dismissal or other disciplinary action of the
employee by the Vendor.
15. The parties to this Agreement understand that the City is a tax-exempt
organization; nothing herein, however, shall exempt the Vendor from paying
all of its taxes pursuant to this Agreement. The Vendor agrees that the City
may use its Tax Savings Program, as modified from time to time, to save on
taxes.
16. This Agreement may be terminated by the Vendor upon thirty (30) days’ prior
written notice to the City in the event of a material breach of contract by the
City to perform in accordance with the terms of this Agreement through no
fault of the Vendor. This Agreement may be terminated by the City, with or
without cause, immediately upon prior written notice to the Vendor. Unless
the Vendor is in breach of this Agreement, the Vendor shall be paid for
services rendered to the City’s satisfaction up to the date of termination.
After receipt of a termination notice, and except as otherwise directed by the
City, the Vendor shall stop work on the date specified.
Neither party shall, however, be excused from performance if
nonperformance is due to forces which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of
this Agreement.
17. This Agreement shall be construed in accordance with the laws of the State
of Florida. Should any dispute arise from this Agreement, venue shall lie in
Palm Beach County, Florida.
18. 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.
19. This Agreement is binding upon the parties hereto, their heirs, successors,
and assigns.
6
20. The Vendor warrants and represents that all of its employees are treated
equally during employment without regard to race, creed, color, religion,
gender, age, or national origin. The Vendor also warrants and represents
that it does not discriminate in its employee selection process, rates of pay,
compensation methods, and training practices.
21. A waiver by either the City or the Vendor of any breach of this Agreement
shall not be binding upon the waiving party unless such waiver is in writing.
In the event of a written waiver, such a waiver shall not affect the waiving
party’s rights with respect to any other or further breach. The making or
acceptance of a payment by either party with knowledge of the existence of
a default or breach shall not operate or be construed to operate as a waiver
or any subsequent default or breach. The parties hereto understand that
there shall be no oral waivers. Further, a written waiver in part shall not
constitute a waiver of any other part of this Agreement
22. The invalidity, illegality, or unenforceability of any provision of this
Agreement or the occurrence of any event rending any portion or provision
of this Agreement void shall in no way affect the validity or enforceability of
any other portion or provision of this Agreement. Any void provision shall be
deemed severed from the Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the
particular portion or provision held to be void. The parties further agree to
reform this Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent the entire
Agreement from being void should a provision, which is of the essence of
this Agreement, be determined to be void.
23. The City and the Vendor agree and acknowledge that this Agreement,
together with the attached exhibits, shall constitute the entire Agreement,
and that there are no promises or understandings other than those stated
herein. This Agreement supersedes all prior agreements, contracts,
proposals, representations, negotiations, letters, or other communications
between the City and the Vendor pertaining to this Agreement, whether
written or oral. .
24. None of the provisions, terms, and conditions contained in this Agreement
may be added to, modified, superseded, or otherwise altered, except by
written instrument executed by both the City and the Vendor.
7
r
25. Any notice, demand, communication, or request required or permitted
hereunder shall be in writing and delivered in person or sent by certified
mail, postage prepaid as follows:
As to the City:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
As to the Vendor:
CXT, Inc.
3808 North Sullivan Road, Building No. 7
Spokane, WA 99216
Attn: Jeff Chambers
Notices shall be effective when sent to the addresses as specified above as
provided herein. Changes in respective addresses to which such notice is
to be directed may be made from time to time by either party by written
notice to the other party. Facsimile transmission is acceptable notice
effective when sent with a printed confirmation of receipt of the same;
however, facsimile transmissions received (Le., printed) after 5 p.m. or on
weekends or holidays will be deemed sent on the next business day. The
original of the notice must additionally be mailed certified mail return receipt
requested. The parties may also use overnight delivery services such as
Federal Express; however, all such services must have confirmation of
delivery. Notice shall be deemed effective under this type of service when
received.
Nothing contained in this Article shall be construed to restrict the
transmission of routine communications between representatives of the City
and the Vendor.
26. This Agreement is subject to fiscal funding out in accordance with Florida
Law.
8
IN WITNESS WHEREOF, the City and the Vendor executed this Agreement as
of the day and year 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 &
By:
/ CXT, INC.
-------.
V
WITNESSES:
BY .w * (/--
Print Name: A), [A, w,(
I,' J
(SEAL)
G:\attorney-share\AGREEMENTS\CXT-Agreement-2OlO-Final.docx
9
EXHIBIT “Ayy
BOB RACKLEU
District 5
CLIFF THAEU
At-Large
AKINAKlNYEMI
At-be
PARWEZALAM
County Administrator
HERBERT W.A. THIELE
County Attorney
September 30,2009
InC.
16
dg 7
RE: Award. Pre-Fabricated Concrete Flush Toilet Buildings, Continuing Services
Bid Number: BC-07- 16-09-5 1
Dear Mr. Chambers:
Please find enclosed your company copy of the fully executed agreement
referenced above. Also, please take note that upon receipt o
req&ed documentation and sati on of any other start-up
County Project Manager will you with a Written Noti
further instruction on commencement of the project.
We appreciate your interest in serving the citizens of Leon County through these
contractual services. If1 or my staff can be of further assistance, please do not
hesitate to call.
Purchasing Director
enclosure
An qual opportunity employer
AGREEMENT
MIS AGREEMENT dated this 8th day of September, 2009, by and between LEON COUNTY, a
charter county and a political subdivision of the State of Florida, hereinafter referred to as the "County"
and CXT, INC., hereinafter referred to as the "Contractor."
WHEREAS, the County has determined that it would be in the best interest of the citizens of Leon
County, Florida, that the County be able to utilize the services of private pemns when such services
cannot be reasonably provided by the County; and
to hire the necessary personnel to satis@ the needs of the County: and
received competitive bids from contractor for such services.
WHEREAS, the County has determined that it would be better to contract for these services than
WHEREAS, in order to secure the lowest cost for these services, the County has sought and
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PROVIDED
The Contractor hereby agrees to provide the following services to the County: Prefabricated
Concrete Flush Toilet Buildings, Continuing Supply in accordance with the plans and
specifications for Leon County Bid# BC-07-16-09-51, said bid being incorporated into this
Agreement as Exhibit A, which is attached hereto and as if fully setout herein, but only to the
extent It is not inconsistent with the Agreement..
2. WORK
Any work to be performed shall be upon the written request of the County Administrator or his
representative, which request shall set forth the commencing date of such work and the time
within which such work shall be completed.
The performance of Leon County of any of its obligations under this Agreement shall be subject to
and contingent upon the availability of funds lawfully expendable for the purposes of this
Agreement for the current and any future periods provided for within the bid specifications.
The Agreement shall be for a period of three (3) years, commencing on October I, 2009, and shall
continue until September 30,2012. After the initial three (3) year period, at the sole option of the
County, this Agreement may be extended for no more than two additional one (1) year periods.
Such one (1) year extensions will be automatic unless the County provides written notice of non-
renewal to the Contractor no less than thirty (30) days prior to the expiration date of the then
current term.
4. CONTRACT SUM
The Contractor agrees that for the performance of the Services as outlined in Section 1 above, it
shall be remunerated by the County according to the unit prices contained in the Contractor's bid
proposal, Exhibit 8, which is attached hereto.
5. PAYMENTS
The County shall make such payments within thirty (30) days of submission and approval of
invoice for services.
AGREEMENT BETWEEN LEON COUNTY AND PUBLIC RESTROOM COMPANY
BC-07-1@-09-51
6. STATUS
The contractor at all times relevant to this Agreement shall be an independent contractor and in no
event shall the Contractor nor any employees or subcontractors under it be considered to be
employees of Leon County.
7. JNSURANCE
Contractor shall procure and maintain for the duration of the contract Insurance against claims for
injuries to persons or damages to property which may arise from or In connection with the
performance of the work hereunder by the Contractor, his agents, representatives, employees or
subcontractors. The cost of such insurance shall be included in the Contractor's bld.
A. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $I,OOO,OOO combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial General Uability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this projectllocation or the general
aggregate limit shall be twice the required occurrence llmlt
Automobile Liability: $1 ,O00,000 combined single limit per accident for bodily
injury and property damage. (Non-owned, Hired Car).
2.
3. Workers' Compensation and Employers Uabillty: Insurance covering all
employees meeting Statutory Limits In compliance With the applicable state and
federal laws and Employer's Liability with a limit of $500,000 per accident,
$500,000 disease policy limit, $5oo,OOO disease each employee. Waiver of
Subrogation in lieu of Additional Insured is required.
E. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
County. At the option of the County, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the County, its officers, officials,
employees and volunteers; or the Contractor shall procure a bond guaranteeing payment
of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions The policies are to contain, or be endorsed to contain, the
following provisions
C.
1. General Liability and Automobile Liability Coverages (County is to be named as
Additional Insured).
a. The County, its officers, officials, employees and volunteers are to be
covered as insureds as respects; liability arising out of activities
performed by or on behalf of the Contractor, including the insured's
general supervision of the Contractor; products and completed operations
of the Contractor; premises owned, occupied or used by the Contractor;
or automobiles owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of protections
afforded the County, its officers, officials, employees or volunteers.
The Contractor's insurance coverage shall be primary insurance as
respects the Gxnty, it officers, officials, employees and volunteers. Any
insurance of self-insurance maintained by the County, its officers,
officials, employees or volunteers shall be excess of the Contractor's
b.
2
AGREEMENT BETWEEN LEON COUNTY AND PUBLIC RESTROOM COMPANY
BC-07-16-09-51
insurance and shall not contribute with It.
c. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the county, its officers, offidals, employees or
volunteers.
d. The Contractor's insurance shall apply separately to each insured against
whom daims is made or suit Is brought, except with respect to the limits
of the insurer's liability.
2. All Coverages
Each insurance policy required by this dause shall be endorsed to state that
coverage shall not be suspended, volded, canceled by either party, reduced in
coverage or in limits except after thlrty (30) days' prior written notice by certified
mail, retum receipt requested, has been given to the County.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no
less than AMI.
E. Verification of Coverage. Contractor shall furnish the County with certificates of insurance
and with original endorsements effecting coverage required by this clause. The
certificates and endorsements for each Insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All certificates and
endorsements are to be received and approved by the County before work commences.
The County reserves the right to require complete, certified copies of all required
insurance policies at any time.
F. Subcontractors. Contractors shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements stated herein.
0. PERMITS
The County shall pay for all necessary permits as required by law.
9. LiCENSES
The Contractor shall be responsible for obtaining and maintaining his city or county occupational
license and any licenses required pursuant to the laws of Leon County, the City of Tallahassee, or
the State of Florida. Should the Contractor, by reason of revocation, failure to renew, or any other
reason, fail to maintain his license to operate, the contractor shall be in default as of the date such
license is lost
10. ASSIGNMENTS
This Agreement shall not be assigned or sublet as a whole or in part without the written consent of
the County nor shall the contractor assign any monies due or to become due to him hereunder
without the previous written consent of the County.
11. INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the County, its officials, officers and
employees, from and against any and all liabilities, damages, losses and costs, including, but not
limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of the Contractor and persons employed or utilized by the
Contractor in the performance of this agreement.
3
AGREEMENT BETWEEN LEON COUNTY AND PUBLIC RESTROOM COMPANY
BC-07-I 6-09-51
The County may, at Its sole option, defend Itself or required the Contractor to provide the defense.
The Contractor adtnowledges that the sum of ten dollars ($10.00) of the amount paid to the
Contractor constitutes sufficient consideration for the Contractor's indemnification of the County,
its offidals, officers and employees.
It Is understood that the Contractors responsibility to indemnify and defend the County, it offlcials,
officers and employees is limited to the Contractors proportionate share of liability caused by the
negllgent acts or omisslons of the Contractor, Its delegates, agents or employees.
.
12. AUDITS. RECORDS. AND RECORDS RETENTION
The Contractor agrees:
a. To establish and maintain books, records, and documents (including electronic storage
media) in accordance with generally accepted accounting procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided by
the County under this Agreement.
To retain all client records, financial records, supporting documents, statistical records,
and any other documents (including electronic storage media) pertinent to this Agreement
for a period of five (5) years after termination of the Agreement, or if an audit has been
initiated and audit findings have not been resolved at the end of five (5) years, the records
shall be retained until resolution of the audit findings or any litigation which may be based
on the terms of this Agreement.
Upon completion or termination of the Agreement and at the request of the County, the
Contractor will cooperate with the County to facilitate the duplication and transfer of any
said records or documents during the required retention period as specified in paragraph
1 above.
b.
c.
d. To assure that these records shall be subject at all reasonable times to inspection, review,
or audit by Federal, state, or other personnel duly authorized by the County.
e. Persons duly authorized by the County and Federal auditors, pursuant to 45 CFR, Part
92.36(1)(10), shall have full access to and the right to examine any of provider's
Agreement and related records and documents, regardless of the form in which kept, at
all reasonable times for as long as records are retained.
f. To Include these aforementioned audit and record keeping requirements in all approved
subcontracts and assignments.
13. MONITORING
To permit persons duly authorized by the County to inspect any records, papers, documents,
facilities, goods, and services of the provider which are relevant to this Agreement, and interview
any clients and employees of the provider to assure the County of satisfactory performance of the
terms and conditions of this Agreement.
Following such evaluation, the County will deliver to the provider a written report of its findings and
will Include written recommendations with regard to the provider's performance of the terms and
conditions of this Agreement. The provider will correct all noted deficiencies identified by the
County within the specified period of time set forth in the recommendations. The provider's failure
to correct noted deficiencies may, at the sole and exclusive dlscretion of the County, result in any
one or any combination of the following: (1) the provider being deemed in breach or default of this
Agreement; (2) the withholding of payments to the provider by the County; and (3) the termination
of this Agreement for cause.
4
AGREEMENT BETWEEN LEON COUNTY AND PUBLIC RESTROOM COMPANY
BC-07-I 8-09-51
14. FINAL INSPECTION
The Contractor shall maintain all work in frst-dass condition until it has been completed as a
whole and been accepted by Leon County. Upon seven (7) days notice from the Contractor of
completion of this project, the Director of Engineering Services will set up a semi-final inspection
with the Contractor, the Chief of Construction Management, the Chief of Engineering, the Project
Englneer, and himself.
If, at the semi-final inspection, all construction provided for and contemplated by the Agreement Is
found completed to the County's satisfaction, such inspection shall constitute the final inspection.
If, however, at any semi-final inspection any work is found unsatisfactory, In whole or in part, the
Contractor shall be given the necessary instructions as to the replacement of material and
performance or re-performance, of work necessary and prerequisite as to final completion and
acceptance, and the Contractor forthwith shall comply and execute such Instructions. When aU
materials have been furnished, all work performed and all constnrction contemplated by the
Agreement satisfactorily completed, a written notice of final acceptance will be given to the
Contractor.
15. GUARANTEE OF WORK
Except as othedse spedfled, all work shall be guaranteed by the Contractor against defects
resulting from the use of inferior materials, equipment or wkmanshlp for one (I ) year from the
date of final acceptance In wn'ting by the Director of Parks & Recreation. No express warranty or
guarantee contained herein shall In any way limit, avoid, displace, or modify any implied
warrantles or guarantees owed by the Contractor to the County.
If within the guarantee period, repairs or changes are required in connection with the guaranteed
work, which in the opinion of the Director of Parks & Recreation is rendered necessary as the
result of the use of materials, equipment or workmanship which are defective, or inferior, or not in
accordance with the terms of the Agreement, the Contractor shall promptly upon receipt of notice
from the County, and without expense to the County:
a. Place in satisfactory condition in every particular all of such guaranteed work, correct all
defects therein.
b. Make good all damage to the structure or site, or equipment or contents thereof, which in
the opinlon of the Director of Parks & Recreation is a result of the use of materials,
equipment or workmanship which are inferior, defective or not in accordance with the
terms of the Agreement.
Make good any work or materials, or the equipment and contents or structures or site
disturbed in fulfilling any such guarantee.
C.
In any case where, in fulfilling the requirements of the Agreement or of any guarantee, embraced
in or required thereby, the Contractor disturbs any work guaranteed under Agreement, he shall
restore such disturbed work to conditions satisfactory to the Director of Parks & Recreation and
guarantee such restored work to the same extent as it was guaranteed under the original
Agreement.
If the Contractor, after notice, fails to proceed within ten (IO) working days to comply with the
terms of the guarantee, the County may have the defects corrected and the Contractor and his
surety shall be liable for all expenses incurred.
All special guarantees applicable to definite parts of the work which may be stipulated in the
specifications or other papers forming a part of the Agreement shall be subject to the terms of this
paragraph during the first two (2) years of the life of such special guarantee. The Contractor
5
AGREEMENT BETWEEN LEON COUNTY AND PUBLIC RESTROOM COMPANY
BC-07-16-09-51
hereby understands and agrees that none of the guaranties or warranties as to defects in
materials, equipment, or workmanship set forth herein shall in any way limit or shorten the
statutory limitations period during which the County can bring an action in law or equity against the
Contractor for breach of this Agreement. The Contractor further agrees that the limitations period
for any action In law or equity which the County might bring against the Contractor for breach of
this Agreement shall not begin to run until the time at which the breach is actually discovered by
the County.
16.
17.
i a.
19.
20.
21.
TERMINATION
Leon County may terminate this Agreement without cause, by giving the Contractor thirty (30)
days Mitten notice of termination. Either party may terminate this Agreement for cause by giving
the other party hereto thirty (30) days written notice of termination. The County shall not be
required to give Contractor such thirty (30) day Mitten notice if, in the opinion of the County, the
Contractor is unable to perform its obligations hereunder, or if in the County's opinion, the services
being provided are not satisfactory. In such case, the County may Immediately terminate the
Agreement by mailing a notice of termination to the Contractor.
PUBLIC ENTrrY CRIMES STATEMENT
In accordance with Section 287.1 33, Florida Statutes, Contractor hereby certifies that to the best
of his knowledge and belief neither Contractor nor his affiliates has been convicted of a public
entity crime. Contractor and his affiliates shall provide the County with a completed public entity
crime statement form no later than January 15 of each year this Agreement is in effect. Violation
of this section by the Contractor shall be grounds for cancellation of this Agreement by Leon
County.
Failure by the County to enforce or insist upon compliance with any of the terms or conditions of
this Agreement or failure to give notice or deciare this Agreement terminated shall not constitute a
general waiver or rellnqulshment of the same, or of any other terms, conditions or acts; but the
same shall be and remain at all times in full force and effect.
REVISIONS
In any case where, in fulfilling the requirements of this Agreement or of any guarantee, embraced
in or required thereby it is necessary for the Contractor to deviate from the requirements of the
bid, Contractor shall obtain the prior written consent of the County.
VENUE
Venue for all actions arising under this Agreement shall lie in Leon County, Florida.
CONSTRUCTION
The validity, construction, and effect of this Agreement shall be governed by the laws of the State
of Florida.
The remainder of this page intentionally left blank.
6
AGREEMENT BETWEEN LEON COUNTY AND PUBLIC RESTROOM COMPANY
BC-07-16-09-51
WHERETO, the parties have set their hands and seals effective the date whereon the last party
executes this Agreement.
A CONTRACTOR
(CORPORATE SEAL)
~
C$.ir 6c.
COUNTY OF
The foregoing instrument was acknowiedged before me this /& day of sM ,20@
(Name of corporation
corporation, on behalf of the corporation. Hekhe is personally
- gc c,*Jc#u t , of
(Name of officer ordgkt, title of officer or agent)
acknowledging)
a DC/!!LdM k
(State or place of incorporation)
known to me or has produced -
Nolory Publlc
State of Wahlngton
J M ALEXANDER
My~ntfrtplnc~11.2010
as identification.
(type of Identification)
NUBddda v Print, Type or Stamp Name of Notary
Serial Number, If Any
AGREEMENT BETWEEN LEON COUNTY AND PUBLIC RESTROOM COMPANY
BC-07-16-09-51
LEON COUNTY, FLORIDA
County Administrator
q4234-09
F THE COURT
County Attorney
a
CXT INCORPORATED
SPOKANE, WASHINGTON
SPECIFICATIONS
FOR POMONA STYLE
FLUSH TOILET BUILDINGS
1.0 SCOPE
This specification covers the construction and placing of the Pomona precast
concrete flush toilet building as produced by CXT Incorporated.
2.0 SPECIFICATIONS
ASTM C33
ASTM C39
ASTM C94
ASTM C143
ASTM C150
ASTM A1 85
ASTM C 192
ASTM C231
ASTM C309
ASTM C494
ASTM A61 5
ASTM C979
AC1211.1
ACI 306
ACI 318
PCI MNL 116
CXT Incorpomted
Pomona Flush Toilet Specifications
Concrete Aggregates
Method of Test for Compressive Strength of Cylindrical
Concrete Specimens
Standard Specification for Ready-Mixed Concrete
Method of Test for Slump of Concrete
Standard Specification for Portland Cement
Standard Specification for Steel Welded Wire
Reinforcement, Plain, or Concrete
Method of Making and Curing Test Specimens in the
Laboratory
Standard Test Method for Air Content of Freshly Mixed
Concrete by the Pressure Method
Standard Specifications for Liquid Membrane-Forming
Compounds for Curing Concrete
Standard Specification for Chemical Admixtures for
Standard Spefication for Deformed and Plain Carbon-Steel
Bars for Concrete Reinforcement
Standard Specification for Pigments for Integrally Colored
Concrete
Standard Practice for Selecting Proportions for Normal,
Heavyweight, and Mass Concrete
Cold Weather Concreting
Building Code Requirements Structural Concrete and
Commentary (includes Errata)
Quality Control for Plants and Production of Precast
Prestressed Concrete Products
Concrete
Doc S.21
REV 10
3.0 MANUFACTURER CRITERIA
The manufacturer supplying the requested precast concrete multi-flush facility
must meet the following:
A.
B.
C.
D.
E.
F.
Manufacturer must be IS0 9001 certified at the time of bid.
Manufacturing plant must be PCI certified at the time of bid.
Manufacturer must not have defaulted on any contract within the last five
years.
Manufacturer must provide stamped, engineered drawings prior to
acceptance.
Manufacturer must be pre-approved prior to bidding.
Manufacturer must show four examples of precast concrete flush facilities
produced, installed, and in use as an example of their ability to perform on
this contract.
Manufacturers meeting these criteria are:
CXT, Incorporated
Spokane Industrial Park
3808 North Sullivan Road, Building 7
Spokane, WA 99216
Phone: 800-696-5766 ,
4.0 DESIGN CRITERIA
The Pomona has been designed to meet the following criteria. Calculations and
Engineer’s stamped drawings are available, for standard buildings, upon request
by the customer and are for their sole and specific use only. The design criteria
are to ensure that the Pomona not only will withstand the forces of nature listed
below but will provide protection from vandalism and other unforeseen hazards.
Design criteria include 2006 IBC Code, 2006 IPC, 2008 NEC.
A. Roof Snow Load
The Pomona is designed to withstand a 250 pounds per square foot snow load
B. FloorLoad
The Pomona is designed to withstand 400 pounds per square foot floor
load
C. WindLoad
The Pomona will withstand the effects of 150 mile per hour (3-
second gust) wind exposure C
1.
1.
1.
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Pomona Flush Toilet Specifications
2 Doc S.27
REV IO
D. Earthquake
1. The Pomona will withstand the effects of a seismic group 1
seismic design category E earthquake.
E. Additional Design Standards
1. The Pomona is designed to meet the requirements of the
Americans with Disabilities Act Requirements and Uniform
Federal Accessibility Standards as of the date of this specification.
The Pomona is an all concrete. Design with a minimum 3/12 roof
pitch
2.
5.0 MATERIALS
A. Concrete - General
The concrete mix design will be designed to ACI 21 1.1 to produce
concrete of good workability.
1. Concrete will contain a minimum of 505 pounds of cementitious
material per cubic yard. Cement will be a low alkali type I or I11
conforming to ASTM C-150.
Coarse aggregates used in the concrete mix design will conform to
ASTM C33 with the designated size of coarse aggregate #67.
Minimum watedcement ratio will not exceed .45.
Air-entraining admixtures will conform to ASTM C260. Water
reducing admixtures will conform to ASTM C494, Type A.
2.
3.
4.
B. Colored Concrete
1.
2.
Color additives will conform to ASTM C979. A 12”x 12”x 1”
color sample will be available for customer approval.
The following will contain colored concrete:
a. Toilet building roof panels
b. Building walls
c. Screen panels
The same brand and type of color additive will be
used throughout the manufacturing process.
All ingredients will be weighed and the mixing
operation will be adequate to ensure uniform dispersion of the
color.
3.
4.
C. Cold Weather Concrete
1. Cold weather concrete placement will be in accordance
with ACI 306.
CXT Incorporated 3
Poinona Flush Toilet Specifications
Doc S.27
REV 10
2. Concrete will not be placed if ambient temperature is
expected to be below 35 degrees F. during the curing period unless
heat is readily available to maintain the surface temperature of the
concrete at least 45 degrees F.
Materials containing frost or lumps of frozen materials will
not be used.
3.
D. Hot Weather Concrete
The temperature of the concrete will not exceed 80 degrees F. at the time
of placement. When the ambient reaches 90 degrees F. the concrete will
be protected with moist covering.
E. Concrete Reinforcement
1.
2.
3.
4.
All reinforcing steel will conform to ASTM A615 All
welded wire fabric will conform to ASTM A185.
All reinforcement will be new, free of dirt, oil, paint,
grease, loose mill scale and loose or thick rust when placed.
Details not shown of drawings or specified will be to AC13 18.
Steel reinforcement will be centered in the cross-sectional
area of the walls and will have at least 1” of cover on the under
surface of the floor and roof.
The maximum allowable variation for center-center spacing of
reinforcing steel will be %”.
Full lengths of reinforcing steel will be used when possible. When
splices are necessary on long runs, splices will be alternated from
opposite sides of the components for adjacent steel bars. Lap bars
##4 or smaller a minimum of 12”. Lap bars larger than #4 a
minimum of 24 bar diameters.
Reinforcing bars will be bent cold. No bars partially embedded in
concrete will be field bent unless approved by the customer.
5.
6.
7.
F. Sealers and Curing Compounds
1.
2.
Curing compounds, if used, will be colorless, complying with
ASTM C309, type I or 1-D.
Weatherproofing sealer for exterior of building will be a clear
water repellent penetrating sealer.
G. Caulking, Grout, Adhesive and Sealer
1. Caulking service temperatures from -40 to +140 degrees
Fahrenheit.
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Pomona Flush Toilet Specifications
4 Doc S.21
REV 10
2.
3.
4.
Interior and exterior joints will be caulked with a paintable
polyurethane sealant.
Grout will be a non- shrink type and will be painted to match the
color of surrounding concrete as nearly as possible.
Cement base coating is formulated with a very fine aggregate
system and a built in bonding agent.
H. Paint
1. All paints and materials will conform to all Federal specifications
or be similar “top-of-the-line-components”. Paints will not contain
more than .06 percent by weight of lead.
Type of paints for toilets
a. Inside concrete surfaces
2.
I Interior floors will be a 2-componentY catalyzed,
water borne polyamide epoxy with a micronized
polymer additive to provide uniform slip resistant
texture. The color will be gray.
Interior walls and ceilings will be a modified
acrylic, water repellent penetrating stain. The color
will be white followed by a clear acrylic anti-graffiti
sealer.
Metal surfaces both inside and out
I DTM ALKYD
I
I1
I1
b.
C. Exterior concrete surfaces
Exterior slab will be clear sealer
Exterior walls and roof will be a water repellent
penetrating stain in the same color as the
walls or roof followed by a clear acrylic anti-graffiti
sealer.
I. Grab bars
Grab bars will be 18 gauge, type 304 stainless steel with 1 -1/2” clearance.
Grab bars will each be able to withstand 300 pound top loading.
J. Toilet Paper Dispenser
Dispenser will be constructed of %” thick, type 304 stainless steel.
Dispenser will be capable of holding three (3) standard rolls of toilet
paper. Toilet paper holder fastening system will be able to withstand 300
pound top loading.
K. Steel Doors
1. Doors will be flush panel type 1 -3/4” thick, minimum 16 gauge
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5 Doc S.27
REV 10
L.
M.
N.
0.
P.
Q.
R.
CXT Incorporated
Galvanized steel, top painted with DTM ALKYD.
Door flames will be knockdown or welded type, single rabbet,
minimum 16 gauge galvanized steel top painted with DTM
ALKYD, width to suit wall thickness. Three (3) rubber door
silencers will be provided on latch side of frame.
2.
Door Hinges
Door hinges will be 3 per door with dull chrome plating 4-1/2”x4-1/2”,
adjustable tension, automatic-closing for each door.
Concession Lockset
1.
2.
3.
4.
5.
6. Inside lever always active.
7. U.S. 26D finish.
Lockset will meet ANSI A156.2 Series 4000, Grade 1 cylindrical
lockset for exterior door.
Lever handle both inside and out
Either handle operates latch unless outside handle is locked by
inside push-button.
Push-button will automatically release when inside lever handle is
turned or door is closed.
Emergency slot on exterior so door can be unlocked from the
outside with a coin, screwdriver and etc.
Restroom Lockset
1.
2.
3. . U.S. 26D finish.
Lockset will meet ANSI A156.2 Series 4000, Grade 1 cylindrical
lockset for exterior door.
Lever handle both inside and out.
Optional Dead Bolt
Deadbolt will be a Lori Lock standard model with a double cylinder, 2 YI ”
backset, and US26D finish. The cylinder will be a standard 1 118” Schlage
Mortise cylinder with compression ring and 626 finish.
Mirror
Mirror to be 18” x 36” stainless steel
Door Stop
Doorstop will be a dome style stop meeting A
Door Sweep
6
JSI 156.16.
Doc 5.27
REV 10 Pomona Fish Toilet Specifications
Door sweep will be provided at the bottom of door and will be an
adjustable brush type.
S. Wall Vent
Wall vent will be crank operated allowing the unit to be opened or closed.
Crank will be removable. Wall vent frame will be cast into the concrete
wall. The units' frame will be C3 x 4.1 channel steel. The louver frame
and louvers will be 18 gauge zinc coated steel with baked enamel finish.
Vent to come with insect screen.
T. Restroom Windows
1.
2.
Concession Roll Up Door with Window
1.
2.
3.
4
5.
V. Plumbing
1.
2.
3.
Windows and cleanout cover frames will be constructed from steel.
Window glazing will be W' thick translucent pebble finished
polycarbonate.
Curtain will be clear anodized aluminum interlocking slats.
Jamb, hood, and facia will be 16 gauge stainless steel #4 finish.
Sill will be 14 gauge stainless steel #4 finish.
Lock will be wing thumb latch at both jambs keyed alike
Window to be a vinyl double pain glass, wire mesh inside with
double under slide to center vents.
All fixtures to meet ANSI A112.19.2
Waste and vent material will be ABS or PVC plastic and will be
plumbed to meet Uniform Building Codes.
Water material will be copper tubing Type L, hard drawn. A gate
valve will be provided at the inlet end of the water line. All water
lines will be of a size to provide proper flushing action based on a
nominal water pressure of 40 psi.
All plumbing will be concealed in the service area.
Toilet will be constructed of vitreous china, wall hung, with siphon
jet action. Toilet will have a back spud for a concealed flush valve
connection and will be mounted with the top of the seat 17 inches
above the finished floor. Seat will be heavy duty solid plastic with
an open front. Optional stainless steel fixtures available.
Flush valve will be concealed closet flush-0-meter constructed of
rough brass. Furnish valve with integral vacuum breaker and wall
mounted push button. Valve will be of a water saver type with a
flow of 1.6 gallons per flush.
Lavatory will be vitreous china with back splashguard, front
overflow opening, equipped with brass trap and drain pipe without
stopper. Sink will be 20 inches wide x 18 inches front to back x 5
3/4" inches deep with ADA trap cover.
Water valve will be self-closing water set with indexed push
button.
U.
4.
5.
6.
7.
8.
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Pomona Flush Toilet Specifications
7 Doc S.27
REV 10
9. Urinals will be constructed of vitreous china, wall hung with
siphon jet action. Urinal will have a back spud for a concealed flush valve
9.
10.
11.
Concession
12.
13.
14.
15.
16.
connection and will be mounted with the lip no higher than 17
inches above the finished floor. Valve will be water saver .5 gallon
flush.
Hose bib provided in the chase area.
Hammer arrester to be installed on water line.
Trap primer distribution unit shall be installed
Three compartment 304 18 gauge tub and top stainless steel sink
with 9’) back splash. 16 gauge galvanized steel legs.
Faucet to be double jointed, chrome plated swing spout.
30 gallon water heater.
Optional mop sink.
Optional Lavatory.
W. Electrical
1.
2.
All components to be UL listed
All electrical wiring will be in conduit, surface mounted in the
service area and concealed in the user compartments. All wire will
be copper.
A 200 amp breaker panel will be provided.
Interior lights will be vandal resistant 2 bulb T8 4 foot wrap around
lens fixtures with low temperature ballast, emergency battery pack
and fluorescent night light. Restroom will be wall mounted,
concession will be ceiling mounted
Lighting on the exterior of building will be photocell activated;
interior and chase room will be motion activated.
3 exterior 35-watt High Pressure Sodium lights, polycarbonate
vandal resistant.
2 GFI outlets located next to the sink 6 GFI located in concession.
4 HVI certified exhaust fans with 270 CFM speed controlled 2 in
restroom, 2 in concession area(contro1 in chase area).
The hand dryer will be an air compression type with remote motor
unit. Push button switch located in cast nozzle housing with
flexible hose connecting blower motor, housing and nozzle. Power
input 120VAC, 7A (non-heated air).
3.
4.
5.
6.
7.
8.
9.
X. Stalls
1. Stall partition walls to be produced of 3-inch concrete. Stall doors
to be solid HDPE, in matching white color.
6.0 MANUFACTURE
CXT Incorporated
Pomona Flush Toilet Specifications
8 Doc 521
REV 10
A. Mixing and Delivery of Concrete
Mixing and delivery of concrete will be in accordance with ASTM C94,
section 10.6 through 10.9 with the following additions:
1.
2.
Aggregate and water will be adjusted to compensate for differences
in the saturated surface-dry condition.
Concrete will be discharged as soon as possible after mixing is
complete. This time will not exceed 30 minutes.
B. Placing and Consolidating Concrete
Concrete will be consolidated by the use of mechanical vibrators.
Vibration will be sufficient to accomplish compaction but not to the point
that segregation occurs.
C. Finishing Concrete
1.
2.
3.
Interior floor and exterior slabs will be floated and troweled. A
light broom finish will be applied to the exterior slabs.
All exterior building walls and exterior screen walls will be a
barnwood texture (optional textures available).
All exterior surfaces of the roof panels will be cast to simulate a
cedar shake roof. The underside of the overhang will have a
smooth finish (optional textures available).
D. Cracks and Patching
1.
2.
Cracks in concrete components which are judged to affect the
structural integrity of the building will be rejected.
Small holes, depressions and air voids will be patched with a
suitable material. The patch will match the finish and texture of
the surrounding surface.
Patching will not be allowed on defective areas if the structural
integrity of the building is affected.
3.
E. Curing and Hardening Concrete
1. Concrete surfaces will not be allowed to dry out from exposure to
hot, dry weather during initial curing period.
7.0 FINISHING AND FABRICATION
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Pomona Flush Toilet Specifications
9 Doc S.21
REV 10
A. Structural Joints
1. Wall components will be joined together with two welded plate
pairs at each joint. Each weld plate will be 6” long and located one
pair in the top quarter and one pair in the bottom quarter of the
seam. Weld plates will be anchored into the concrete panel and
welded together with a continuous weld. The inside seams will be
a paintable caulk. The outside seams will use a caulk in a
coordinating building color or clear.
Walls and roof will be joined with weld plates, 3”x 6”, at each
building corner.
The joint between the floor slab and walls will be joined with a
grout mixture on the inside, a matched colored caulk on the outside
and two weld plates 6” long per wall.
2.
3.
B. PaintingBtaining
1.
2.
An appropriate curing time will be allowed before paint is applied
to concrete.
Some applications may require acid etching. A 30% solution of
hydrochloric acid will be used, flushed with water and allowed to
thoroughly air dry.
Painting will not be done outside in cold, frosty or damp weather.
Painting will not be done outside in winter unless the temperature
is 50 degrees F. or higher.
Painting will not be done in dusty areas.
a. Inside concrete surfaces
3.
4.
5.
6. Schedule of finishes
I. Inside floors will be 1 coat of 1 -part water based
epoxy with a silica sand suspension to provide
uniform texture.
Interior walls and ceilings will be 2 coats of a
modified acrylic, water repellent penetrating stain,
followed by 1 coat of clear sealer.
2 coats of DTM ALKYD.
Exterior slab will be 1 coat of dear sealer
Exterior walls will be 2 coats of water repellent
penetrating stain in the same color
as the walls or roof followed by 1 coat
of clear acrylic anti-graffiti sealer.
11.
b.
C. Exterior concrete surfaces
Metal surfaces both inside and out
I.
I.
11.
8.0 TESTING
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Pomona Flush Toilet Specifications
10 Doc S.27
REV IO
A. The following tests will be performed on concrete used in the manufacture
of toilets. All testing will be performed in the CXT (PCI certified)
laboratories. Testing will only be performed by qualified individuals who
have been certified ACI Technician Grade 1. Sampling will be in
accordance with ASTM C172.
1. The air content of the concrete will be checked per ASTM C23 1 on
the first batch of concrete. The air content will be in the range of
The compressive strength of the cylinders will be tested to ASTM
C39. We will make one (1) cylinder for release, one (1) for 7 days
and one (1) for 28 days. The release must be a minimum strength
of 2500 psi, the 7 day must be a minimum of 4500 psi and the 28
day must be a minimum of 5000 psi.
A copy of all test reports will be available to the customer as soon
as 28 day test results are available.
5.0% +/- 2%.
2.
3.
9.0 INSTALLATION
A. Scope of Work
Work specified under this Section relates to the placement of the
unit by CXT on customer prepared foundations.
B. Location
It’s the responsibility of the customer to:
1.
2.
3.
Provide exact location by stakes or other approved method.
Provide clear and level site free of overhead and/or underground
obstructions.
Provide access to the site for truck delivery and sufficient area for
the crane to install and the equipment to perform the contract
requirements.
Water, electrical, and sewage site connections to be placed per
CXT drawings. Must be placed to easily connect to the building.
4.
C. Compacting
The bottom of the area must be compacted after it has been dug out. After
the base has been placed, it must be compacted as well. The bearing of the
soil and base should be a minimum of 1,500 pounds per square foot.
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Pomona Flush Toilet Specifications
11 Doc S.21
REV 10
D. Base
After compacting the bottom of the area, a minimum of 6” of a compacted,
%” minus material base of gravel (i.e. road base) should be placed for
support, leveling and drainage purposes. The base also limits frost action.
The base must be confined so as to prevent washout, erosion or any other
undermining.
E. Access to Site
Delivery to site made on normal highway trucks and trailers. If at the time
of delivery conditions of access are hazardous or unsuitable for truck and
equipment due to weather, physical constraints, roadway width or grade,
CXT may require an alternate site with better access provided to ensure a
safe and quality installation. In any such case, additional costs for cranes,
trucking, and etc. will be charged to the account of the customer.
10.0 WARRANTY-PRECAST DIVISION
CXT warrants that all goods sold pursuant hereto will, when delivered, conform to
specifications set forth above. Goods shall be deemed accepted and meeting
specifications unless notice identifying the nature of any non-conformity is
provided to CXT in writing within one (1) year of delivery. CXT, at its option,
will repair or replace the goods or issue credit for the customer provided CXT is
first given the opportunity to inspect such goods. It is specifically understood that
CXT’s obligation hereunder is for credit, repair or replacement only, F.O.B.
CXT’s manufacturing plant, Spokane, Washington and does not include shipping,
handling, installation or other incidental or consequential costs unless otherwise
agreed to in writing by CXT.
This warranty shall not apply to:
1. Any goods which have been repaired or altered without CXT’s
express written consent, in such a way as in the reasonable
judgement of CXT, to adversely affect the stability or reliability
thereof;
To any goods which have been subject to misuse, negligence, acts
of God or accidents or
To any goods which have not been installed to manufacturer’s
specifications and guidelines, improperly maintained, or used
outside of the specifications for which such goods were designed.
2.
3.
CXT Incorporated
Pomona Flush Toilet Specifications
12 Doc s.21
REV 10
11.0
12.0
DISCLAIMER OF OTHER WARRANTIES
The warranty set forth above is in lieu of all other warranties, express or implied.
All other warranties are hereby disclaimed. CXT makes no other warranty,
express or implied, including, without limitation, no warranty of merchantability
of fitness for a particular purpose or use.
LIMITATION OF REMEDIES
In the event of any breach of any obligation hereunder, breach of any warranty
regarding the goods or any negligent act or omission or any party, the parties shall
otherwise have all rights and remedies available at law; however, IN NO EVENT
SHALL CXT BE SUBJECT TO OR LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
CXT Incorporated
Pomona Flush Toilet Specifications
13 Doc S.21
REV 10
Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply
Opening Date: Thursday, July 16,2009
Bid NO: BC-07-16-09-51
BID SHEET
CXl-,pAnc, (Bids are FOB Installed at Owner’s Site)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Floor Plan with Two Fixtures $ k?C(d,?!-
Floor Plan with Two Fixtures & Storage Area
Floor Plan with Four Fixtures & Four Entrances $ IZ6!01s”.Ls
Floor Plan with Four Fixtures
Floor Plan with Four Fixtures & Wing Wall Entrance $ /21,*=3,%’
Floor Plan with Four Fixtures & Wing Wall Entrance & Roof 64 $ / 81. OW. %*
Floor Plan with Four Fixtures & Four Entrances %ww bu~ $ (c/7,333,7-0
Cost to add 10’ storage area to Floor Plan #4, 5, or 6 (No Plan) $ <*o zGg* ‘
$ /!3e (47. t.?
$ I=, 990. G(
$lr+m.%
*$ * .. I ’.
Floor Plan with Four Fixtures & Concession
Floor Plan with Six Fixtures I $137 4 67, L!.! SF Floor Plan with Six Fixtures & Storage Area $Zap/35 -
GG Cost to add wing walls with roof to Floor Plan #9 or IO (No Plan)
Floor P Ian with Six Fixtures & Concession. ,
Floor Plan with Six Fixtures & Three Showers
$ S*agat*
$ ZO?I/ ( E’
$21$ I ST. 71
14
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Exhibit B BC-07-16-09-51 Page 1 of 1
LEON COUNTY PURCHASING DIVISION, BID TABULATION SHEET
Bid: Pre-Fabricated Concrete Flush Toilet Buildings
Opening: Thursday, July 16,2009 at 2:OO PM
ItamNendor I I c)cT;J+t&, I I
No Bid Statement I' I I
EXHIBIT “B”
Quote #: JCHAlOOUR3-1 ma, Inc. an L.6. Foster Company
To: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Mailing Address:
CXT Incorporated, an LBFoster Co.
3808 North Sullivan Road Bldg. #7
Spokane Valley, WA 99216
Phone: (800) 696-5766
Fax: (509) 928-8220
Date: 0311 71201 0
Re: Price is based on Leon County Contract #
BC 07 16 09 51
Our quotation for the Pomona Flush Building building is as follows: Per Buildinq
Pomona concession/restmm building with optional simulated cedar shake or rib metal roof
and optional barnwood or split face Mock wall texture, restroom with three 1Bgauge
galvanized steel doon and frames, vitreous china plumbing fixtures (Wavatwies, 5-water
dosets, 1-urinal), hand dryers, marine package, five %roll toilet paper holden, two exhaust
fans, five GFI outlets, five floor drains, four 4s mimrs, ADA grab bars, ADA signs, one hose bib
in chase area, and motion controlled interior lights and photo cell controlled exterior lights.
Concession with two exhaust fans, one (loor drain, one l&gauge galvanized steel door and
frame, 6 foot concession rolCup door, Xwnpartment stainless steel sink, six GFI outlets, 30
gallon hot water heater, and interior and exterior lights.
$207.1 14.03
$207,114.03
FOB: Freight FOB Destination. Price includes delivery off-loading and setting the building on a customer
prepared pad and utility stub. Final connection of utilities to stub not included. PE Stamped drawings
included.
Net 30 with Credit Approval. Terms:
Shipment: Within 90 Days ARO.
Notes: Sales tax not included
Number of Units: -1-
This quotation is subject to the conditions on the attached sheet and the
terms hereof shall constitute the exclusive agreement of the parties and all
conflicting or additional terms in Buyer’s purchase order or any other such
L.B. FOSTER COMPANY
documents of Buyer shall have no force or effect. BY
Jeff Chambers
Accepted this day of 20- JChambers@cxtinc.com
By: (Customer Name)
(Signed)
Quote #: JCHA100UR3-1 Page 2 of 3
1.
2.
3.
4.
5.
6.
7.
8.
9.
CONDITIONS OF SALE Taxes
rices exdude all FederallStatelLocal taxes. Tax will be charged where applicable if customer is unable to provide proof of exemption.
Payment to CXT by the purchaser shall be made net 30 days afler the submission of the invoice to the purchaser. Interest at a rate equal to the
lower of (i) the highest rate permitted by law; or (ii) 1.5% per month will be charged monthly on all unpaid invoices beginning the 35th day
(Includes 5 day grace period) from the date of the invoice. Under no circumstances can a retention be taken and purchaser shall pay the full
invoiced amount without offset or reduction. These terms are available upon approval of credit. If CXT initiates legal proceeding to collect any
unpaid amount, purchaser shall be liable for all of CXT's costs, expenses and attorneys fees associated with such litigation, including the fees and
costs of any appeal.
motation Term
This offer is subject to acceptance within 60 days from the date of this quotation. After that time, prices are subject to change without notice.
Prices do not include any documentation other than standard drawings. packing lists, and invoices, unless otherwise stated in quote. Special
documentation, reports, or submittals can be supplied at an additional cost. If additional engineering, engineering seals, state approvals, drawings.
or insignias are required additional charges may incur.
Delivery
Delivery will be scheduled immediately upon receipt of written customer approval of all building submittals, building worksheet@) and signed
contractlpurchase order. In the event delivety of the buildings ordered islare not completed within 30 days of the agreed to schedule through no
fault of CXT, an invoice for the full contract value (excluding shipping and installation costs) will be submitted for payment, the terms of which will
be as per item 2 in our quotation. Delivery and installation charges will be invoiced at the time of delivery and installation. Should the delivery and
installation costs increase due to changes in the delivery period, this increase in cost will be added to the price originally quoted, and will be
subject to the contract payment terms. In the event that the delivery is delayed more than 45 days after the agreed to schedule and through no
fault of CXT. then in addition to the remedies above, a storage fee of %% of contract price per month or part of any month will be charged.
Fuel Costs
Fuel costs for crane and freight have been quoted at fuel prices furnished at the time of quotation. If at the time of delivery and installation these
costs have risen, CXT reserves the right to adjust the freight and crane costs to reflect the fuel costs furnished at the time of delivery.
ResDonsibilities of the Customer
A. Stake exact location building is to be set, including orientation.
B. Provide clear and level site, free of overhead and/or underground obstructions.
C. Provide site accessible to normal highway trucks and sufficient area for the crane to install and other equipment to perform the contract
requirements.
D. Customer shall provide notice in writing of low bridges, roadway width or grade, unimproved roads or any other possible obstacles from State
highway andlor main county road to site. CXT reserves the right to charge the customer for additional costs incurred for special equipment
required to perform delivery and installation.
E. Customer is responsible for all permits required
Access to Site
Delivery will be made in normal highway trucks and trailers. If at the time of delivery conditions of access are hazardous or unsuitable for truck
equipment for any reason, CXT will negotiate extra costs to ensure a safe and quality installation to the chosen site or will agree to an alternative
site with better access.
To safely offload the facility referred to within this quotation, CXT must have clear and unobstructed access next to the gravel pad or hole where
the facility will be placed. CXT is not responsible for cracked or damaged roads, driveways, sidewalks or aprons that are in the path of the delivery
trucks or cranes at the final offloading site. Should CXT be required to obtain a larger crane than quoted due to site amenities or hardscapes, CXT
will charge the customer the difference between the crane originally quoted, and the one that was hired in order to successfully offload the facility
safely and efficiently.
Installation
A. If the customer opts to have full installation of their new building, CXT will provide a backhoe trailered into the site, and prepare the customer
site at the marked holelpad area. The crane will arrive and set up next to the holelpad. Any requirements to lift the building over obstacles or
not having the ability of the crane to be right next to the hole could incur additional charges. The size of the crane varies however most cranes
require an area of 18x18 for their outriggers. Truck(s) carrying the vaults and the building systematically pull up right next to the crane and
are offloaded onto the site. Any requirements to lifl the building over obstacles or not having the ability of the truck to be right next to the crane
could incur additional charges. Installation crew then performs all necessary excavation, backfill, compaction, site grading, and connection of
utilities (if applicable). Please note: additional time and any special equipment needed by the installation crew for unscheduled site work will
be billed to the customer. This work must be approved by Customer Field Representative by signing the Additional Work Required section on
the Building Acceptance Form.
B. If the customer opts to prepare the hole, and do earthwork preparation for the site, the customer will move all excess dirt to allow access by
Quote #: JCHA100UR3-1 Page 3 of 3
the crane and semi-truck. The crane will arrive and set up next to the holelpad. Any requirements to lift the building over obstacles or not
having the ability of the crane to be right next to the hole could incur additional charges. The size of the crane varies however most cranes
require an area of 18x18 for their outriggers. Truck@) carrying the vaults and the building systematically pull up right next to the crane and
are offloaded onto the site. Any requirements to lift the building over obstacles or not having the ability of the truck to be right next to the crane
could incur additional charges. Customer performs all necessary excavation, backfill, compaction, site grading, connection of utilities (if
applicable).
C. If customer opts to self-install their building CXT can provide a drawing of the recommended liftinghigging arrangement plus the four special
lifting plates for the buildings itself with a refundable deposlt of $1,000.00 payable by credit card only. The customer must return lifting
plates and hardware to CXT (at customers cost) within 2 weeks (14) days or a $1,000.00 fee will be charged to the customer credit card.
Please note: It is highly recommended that you use our liftinglrigging arrangements. The CXT arrangements will help prevent damage to the
building. CXT wi/l not take responsibility for any damagdaccidents to the building or workers during the use or non-use of our recommended
liftinghgging atrangements.
10. TransDortat ion
Your building(s) will be transported from our plant to your installation site via semi-truck with trailer. Your Double CascadiatVDouble Rocky
Mountain building requires two (2) semi-trucks, one to transport the building and one to transport the vault. The building is typically shipped on a
dbl-drop or lowboy trailer (approximate ground clearance of 18") and two vaults are typically transported on a flatbed trailer. The length of the
tractor-trailer can range from 75 to 80, and must have 14' height clearance to access the site.
1 CXT Warranty
CXT warrants that all structures sold pursuant hereto will, when delivered, conform to specifications of the building listed on the quote. Structures
shall be deemed accepted and meeting specifications unless notice identifying the nature of any non-conformity is provided to CXT in writing
within one (1) year of delivery. It is specifically understood that CXT's obligation hereunder is for credit or repair only. CXT will repair structural
defects against materials and workmanship for one (1) year from date of delivery provided CXT is first given the opportunity to inspect said
structure. CXT warranties all components sold within all structures pursuant here to when delivered within structures. Components deemed
accepted and meeting specifications shall be warrantied for a period of one (1) year against defects in the materials and/or workmanship from said
date of delivery. CXT is not responsible for components that are damaged due to misuse, acts of violence, negligence, acts of God, or accidents.
Shipping, handling, installation or other incidental or consequential costs, unless othetwise agreed to in writing by CXT, are not included.
This warran& shall not aDDlv to:
1)
adversely effect the stability or reliability thereof;
Any goods which have been repaired or altered without CXT's express written consent, in such a way as in the reasonable judgment of CXT,
to
2) To any goods which have been subject to misuse, negligence, acts of God, or accidents;
3)
specifications for
To any goods which have not been installed to manufacturer's specifications and guidelines, improperly maintained, or used outside of the
which such goods were designed.
12. Disclaimer of Other Warranties
THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES ARE
HEREBY DISCLAIMED. CXT MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
13. Limitation of Remedies
In the event of any breach of any obligations hereunder; breach of any warranty regarding the goods, or any negligent act or omission of any party,
the parties agree to submit all claims to binding arbitration. Any settlement reached shall include all reasonable costs including attorney fees. In no
event shall CXT be subject to or liable for any incidental or consequential damages. Without limitation on the foregoing, in no event shall CXT be
liable for damages in excess of the purchase price of the goods herein offered.
14. AcceDtance
The foregoing terms will be deemed accepted in full by signature and return of one copy to CXT, subject to customer credit approval. A copy of
any applicable form of payment security device (i.e. payment bonds) available to CXT shall be included with the signed copy of this agreement.
15. Timina of Billina to Buver
Seller will invoice Buyer upon shipment from its supplier or facility, unless otherwise indicated on the face of this document.
16. Storaae of Material For Buver
If, at Buyer's request, goods covered by this document are held at Seller's facility or service provider for more than 21 days afler they are available
for shipment, Buyer shall accept Seller's invoice and pay said invoice based on payment terms set forth herein.
17. Material Reservation
Seller will only reserve material for 30 days with receipt of an excecuted purchase order, quote or order acknowledgement acceptable to Seller.
Afler that time, material availability, price and shipment date may be adjusted, at Seller's option.
EXHIBIT “C”
CITY OF PALM BEACH GARDENS
NOTIFICATION OF PUBLIC ENTITY CRIMES LAW
Pursuant to Section 287.133, Florida Statutes (2010), you are hereby notified that a
person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a Bid on a contract to provide any
goods or services to a public entity; may not submit a Bid on a contract with a public
entity for the construction or repair of a public building or public work; may not submit
Bids on leases or real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 [F.S.] for CATEGORY Two [$25,000.00] for a
period of 36 months from the date of being placed on the convicted vendor list.
Acknowledged by:
Firm Name
Name and Title (Print or Type)
Dafe
---
EXHIBIT “D”
DRUG-FREE WORKPLACE ACKNOWLEDGEMENT
Xdc. is a drug-free workplace
(Company Name)
and has a substance abuse policy in accordance with and pursuant to Section 440.102,
Florida Statutes.
Acknowledged by:
v46 ’/co
Date
I/ Company FEI Number: y/ -/+ 9J6OK
1
DRAFT4/20/10
By-Laws Of Bioscience Land Protection Advisory Board
1. Authority
Bioscience Land Protection Advisory Board (hereinafter referred to as
“Board”) is established pursuant to Interlocal Agreement dated March 14,
2006 (hereinafter referred to as “Interlocal Agreement”). The Board shall be
governed by the Interlocal Agreement. The by-laws provide additional
details necessary to govern the operation and procedures of the Board but
cannot conflict with the Interlocal Agreement.
The authority of the Board is set forth in Section 2.D.1-8 of the Interlocal
Agreement . Pursuant to Section 2.D.1 of the Interlocal Agreement
establishing the Bioscience Land Protection Advisory Board, the purview of
the Board shall be limited to analyzinge reviewing and makinge
recommendations regarding on:
(a) proposals to re-zone land under the jurisdiction of the county or any
member city when the proposed re-zoning would reduce or eliminate
Bioscience Uses within the Bioscience Research Protection Overlay or
would add residential uses to the Overlay, thus reducing the available
land for Bioscience Uses in the Overlay. amendments to any goals,
objectives or policies related to the Bioscience Research Protection
Overlay within each members’ Comprehensive Plan.
(b) proposed amendments to the future land use map of the county or
any member city which would to remove any property from the
Bioscience Research Protection Overlay or that would reduce or
eliminate Bioscience Uses within the Overlay or would add residential
uses to the Overlay, thus reducing the available land for Bioscience Uses
in the Overlay. within each members’ Comprehensive Plan.
(c) map amendments to the zoning and/or future land use designations of
any parcels designated with the Bioscience Research Protection Overlay
within each members’ Comprehensive Plan, which are proposed to be
changed to a designation that would no longer allow bioscience uses or
add residential uses, thus reducing the available land for the uses
encouraged as set forth in the Overlay.
2
(d) proposed aAmendments to the county’s or any member city’s
allowable uses in the Land Development Regulations, that would reduce
or eliminate Bioscience Uses within the Overlay or that would add
residential uses to the Overlay, thus reducing the available land for
Bioscience Uses in the Overlay; or amendments that would serve to
eliminate or reduce intergovernmental cooperation in the development of
the Overlay, or restrict or delay the permitting processes for Bioscience
Uses within the Overlay.which are applicable to those parcels that have
been designated with the Bioscience Research Protection Overlay within
each members’ Comprehensive Plan that would no longer allow
bioscience uses or add residential uses, thus reducing the available land
for the uses encouraged as set forth in the Overlay.
2. Membership
Members and alternates are appointed as provided in Section 2.B. of the
Interlocal Agreement.
3. Quorum
A quorum, as set forth in Section 2.C. of the Interlocal Agreement, is four
members of the Board.
4. Governing Rules
Except as may otherwise be provided by these by-laws, the Interlocal
Agreement or law, the methods of organization, and the conduct of business
of the Board shall be governed by Roberts’ Rules of Order .
5. Chair and Vice Chair
The Board shall hold an annual organizational meeting to be held in April or
May. At such meeting the Board shall elect a Chair and Vice-Chair. The
term of the Chair and Vice-Chair shall be one year. The Chair shall be in
charge of all procedures before the Board and shall take such action as
necessary to preserve the order and integrity of the proceedings before the
Board. In the absence of the Chair, the Vice-Chair shall act as Chair and
shall have all the powers of the Chair.
3
6. Meetings
The Board shall meet at least quarterly. Meetings shall be publicly noticed,
shall be open to the public and shall be held at either a county facility or a
public facility located in one of the member cities municipalities. The
responsibility to publicly notice the meeting shall be that of the local
government hosting the meeting. Minutes of meetings shall be taken by the
local government hosting the meeting and shall be reviewed by the Board at
a subsequent meeting.
7. Agenda
There shall be an official agenda for every meeting of the Board, which shall
list determine the order of business to be conducted at the meeting. The
agenda shall be prepared in advance of the meeting and shall be distributed
to the members of the Bboard, members of the public upon request and to
any person or entity with an item scheduled at that meeting.
8. Staff Support to Board
Staff of the Chair shall serve as Staff of the Board. The Staff of the Board
shall be responsible for preparation of the agenda based on direction from of
the Chair, In addition, Staff of the Board shall be responsible for keeping ,
storing storing the minutes and compiling and storing the records of the
Board. Additional technical and logistical support shall be provided by the
members’ governments as outlined in Section 4 of the Interlocal Agreement.
9. Definitions
The term “Bioscience Uses” shall include bioscience research and
biotechnology uses and their supporting facilities;- laboratories, other
industrial uses including manufacturing uses, clinical research organizations
or clinical research hospitals;, and support services, commercial retail or
office uses that are accessory to bioscience research and biotechnology uses.
G:\WPDATA\LANDUSE\RBANKS\BioBoard\Bioscienceboard bylaw draft KWD Proposed
RevisionsRPB.4.20.10.doc
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 6,2010
7:oO P.M.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Barnett
/ I. PLEDGE OF ALLEGIANCE
JII. ROLLCALL
IU. ADDITIONS. DELETIONS, MODIFICATIONS
W. ANNOUNCEMENTS / PRESENTATIONS:
/a. RECOGNITION OF EMPLOYEE RYAN BARROWS - VALEDICTORIAN,
VV.
4vL
VII.
VIIL
J b.
CLASS OF 2010 WILLIAM T. DWYER HIGH SCHOOL.
AIMEE CRAIG CARLSON, FLORIDIANS FOR SMARTER GROWTH,
REGARDING AMENDMENT 4.
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
CITY MANAGER REPORT
COMMENTS FROM THE PUBLIC (For Uceu Not on tbe Apenda, DICW~ submit
reauest form to the Citv Ckrk DriOr to this -1
CONSENT AGENDA:
a. (Staff Report on Paqe 4. Resolution on Paqe 43
INTERLOCAL AGREEMENT AMENDMENT. A RESOLUTION OF THE CITY
~OUNCIL OF THE CrrY OF PALM BEACH GARDENS, FLORIDA
4PPROVING THE FIRST AMENDMENT TO THE INTERLOCAL
NGREEMENT PROVlDlNG FOR HEK;HTENED REVIEW REGARDING
NDS LOCATED WITHIN THE WESTERN NORTHLAKE CORRIDOR
ALM BEACH COUNTY, AND THE CITY OF WEST PALM BEACH;
UTHORlZlNG THE MAYOR TO EXECUTE THE AGREEMENT;
ROWDING AN FCECTNEMF- QNDFCBRQ~RPURPOSES.
-
AREA BETWEEN THE CITY OF PALM BEACH GARDENS,
b. lStaff Report on Pane 53, Resolution on Pane 55) &SOLUTION 23, 2010 -
AGREEMENT THE PORT AUTHORITY OF NEW YORK AND NEW
JERSEY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALMBEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO
CONFIRM AND MEMORIALIZE THE TRANSFER OF FULL AND
COMPLETE LEGAL OWNERSHIP TO THE CITY OF PALM BEACH
GARDENS OF A PIECE OF STEEL OF THE FORMER WORLD TRADE
CENTER TO BE USED FOR THE O9.1l.Cn MEMORIAL; AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT: PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES
c. paqe 69) PROCLAMATlON -WATER REUSE WEEK.
d. /Paqe 70) PROCIAMATION - WILD AND SCENIC LOXAHATCHEE
RIVER DAY.
IX. PUBLIC HEARINGS: (* himates Quasi-Judicial Hearing)
aff Report on Pane 71, Ordinance on Pane 73) URDllvr I-
I READING) BUSINESS TAX RECEIPT (OCCUPATIONAL LIL~N~E).
)9N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 66. TAXATION.
BY REPEALING ARTKXE II. OCCUPATIONAL LICENSE. IN ITS
ENTIRETY AND READOPTING A NEW ARTfCLE If WITH A NEW TITLE
SUCH THAT ARTICLE 11. SHALL NOW BE ENTITLED "BUSINESS TAX
AND REGISTRATION" IN ORDER TO COMPLY WTH CHAPTER 205,
FLORIDA STATUTE S; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES
Pd !9d
X RESOLUTIONS:
[Staff Report on Page 92, Resolution on Paqe 95) kESOLUTlON 19,201 a -
PIGGYBACK AGREEMENT TO CXT, INC. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
PPROWNG A 'PIGGYBACK AGREEMENT WlTH CXT, INC. FOR THE
URCHASE OF A PRE-FABRICATED CONCRETE FLUSH TOILET
UlLDlNG TO BE LOCATED AT PGA NATIONAL PARK VIA AN
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT.
PROWDINW EFFECTIVE DATE, AND FOR OTHER PURPOSES
I STING CONTRACT WlTH LEON COUNTY (NO. BC-07-16-09-51);
XL lTJCMS FOR COUNCIL ACTION ISCUSSION
4 a. 1Paqe 140) BIOSCIENCE LAND PROTECTION ADVISORY BOARD r<*o (BLPAB) BY-LAWS REVISION.
b. CITY MANAGER EVALUATION.
XII. CITY ATTORNEY REPORT
XIIL ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested p- wishes to appeal
any decision ma&? by the City Cosrncil with respect to any ma#m considmed at this public
hearing, such interested persons will need a record of thepmcee&ngs and may need to ensure
that a verbatim recod is ma&, including the tesiimony and evidence upon which the appeal is
to be based
In accordance with the Americans with Dis0bilit.b Act and Section 284.26, Florida Statutes,
in order to participate in this
at no cost please call the City
persons with disabilities needing special acco~
proceeding are entitkd to thepnn$sion of certain assistance
Clerk’s Office at 561-7994122 no Iater than 5 hys prior to the hemhg if this assistance is
required For hearing impaid assishmce, phse cd the FIorida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (WOICQ.
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 6,2010
7:OO P.M.
Mayor Levy
Vice Mayor Premuroso
7;oI Council Member Russo
Council Member Jablin
Council Member Barnett 81Jp.a g!z=
I. PLEDGE OF ALLEGIANCE
11. ‘ROLL CALL
111. -ADDITIONS, DELETIONS, MODIFICATIONS:
IV. JANNOUNCEMENTS PRESENTATIONS:
a. RECOGNITION OF EMPLOYEE RYAN BARROWS - VALEDICTORIAN,
CLASS OF 2010 WILLIAM T. DWYER HIGH SCHOOL.
b. AIMEE CRAIG CARLSON, FLORIDIANS FOR SMARTER GROWTH,
REGARDING AMENDMENT 4.
VI. GITY MANAGER REPORT:
VII. y/ COMMENTS FROM THE PUBLIC: (For Items Not on the Apenda, please submit
reauest form to the City Clerk prior to this Item)
I/ VIII. CONSENT AGENDA:
a. !Staff Remrt on Page 4. Resolution on Paae 451 RESOLUTION 18, 2010 -
INTERLOCAL AGREEMENT AMENDMENT. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING THE FIRST AMENDMENT TO THE INTERLOCAL
AGREEMENT PROVIDING FOR HEIGHTENED REVIEW REGARDING
LANDS LOCATED WITHIN THE WESTERN NORTHLAKE CORRIDOR
PLANNING AREA BETWEEN THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, AND THE CITY OF WEST PALM BEACH;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
S-0
b. IStaff Report on Page 53. Resolution on Page 551 RESOLUTION 23, 2010 -
AGREEMENT WITH THE PORT AUTHORITY OF NEW YORK AND NEW
JERSEY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO
CONFIRM AND MEMORIALIZE THE TRANSFER OF FULL AND
COMPLETE LEGAL OWNERSHIP TO THE CITY OF PALM BEACH
GARDENS OF A PIECE OF STEEL OF THE FORMER WORLD TRADE
CENTER TO BE USED FOR THE 09.11.01 MEMORIAL; AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
c. !Pane 69) PROCLAMATION -WATER REUSE WEEK.
d. ‘,Pane 701 PROCLAMATION - WILD AND SCENIC LOXAHATCHEE
RIVER DAY.
IX. 6JBLIC HEARINGS: (* Desimates Ouasi-Judicial Hearing)
a.
c’o
JSbff Report 0 n Pane 71. Ordinance on Pane 73) ORDINANCE 7, 2010 -
(1 st READING) BUSINESS TAX RECEIPT (OCCUPATIONAL LICENSE).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 66. TAXATION.
BY REPEALING ARTICLE II. OCCUPATIONAL LICENSE. IN ITS
ENTIRETY AND READOPTING A NEW ARTICLE II WITH A NEW TITLE
SUCH THAT ARTICLE II. SHALL NOW BE ENTITLED “BUSINESS TAX
AND REGISTRATION” IN ORDER TO COMPLY WITH CHAPTER 205,
FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
x. ~~ESOLUTIONS:
a. {Staff Reaort on Pane 92. Re8olution on Pam 95) RESOLUTION 19,201 0 -
PIGGYBACK AGREEMENT TO CXT, INC. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING A “PIGGYBACK” AGREEMENT WITH CXT, INC. FOR THE
PURCHASE OF A PRE-FABRICATED CONCRETE FLUSH TOILET
BUILDING TO BE LOCATED AT PGA NATIONAL PARK VIA AN
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
EXISTING CONTRACT WITH LEON COUNTY (NO. BC-07-16-09-51);
XI. / ITEMS FOR COUNCIL ACTIONLDISCUSSION:
5-0 a- IPaae 140) BIOSCIENCE LAND PROTECTION ADVISORY BOARD
(BLPAB) BY-LAWS REVISION.
b. CITY MANAGER EVALUATION.
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
i I
PLEASE TAKE NOTICE AND BE ADWSED that if any intereqed party wishe to appeal
any decision made by the City Council with respect to any matte considered a this public
hearing, such interested persons will need a record of the proceedings and may nked to ensure
that a verbatim record is made, including the testimony and evidence won which the appeal is
to be based
i
In accordance with the Americans with Disabilities Act and Section 28626, 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 ODce 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 (T.DD) or 800-955-8770 (VOICE).
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NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Y Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Comments From The Public Request to Address City Council Please Print Name: & CR,~I Pdh&fid,. fit~k o~ned J weciy v( Address: r c f6 GI. 1-w"e 4 C1TI-U 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.
..
This evening it is with pleasure that we recognize one of
our Recreation employees Ryan Barows, Community
Services Aide II, who has been named valedictorian of
the Class of 2010 at William T. Dwyer High School!
Through the years, Recreation has been fortunate to hire
outstanding students who remain with us during their
high school and college careers and sometimes return to
work for us after, or even years later, after completing
their education. In fact, many children enrolled in our
programs have parents that were former Recreation
employees.
Ryan began his employment with us as an intern in the
Dwyer High School Academy of Finance last summer and
has remained on staff as a valuable member of the
resources team since then. It is very difficult to work and
go to school which Ryan does very successfully. But in
addition, Ryan is also a top athlete on the Dwyer Cross
Country, Varsity Soccer and Track Teams. Ryan is an
exemplary student, employee and athlete. We look
forward to Ryan working with us again this summer
before he begins pursuing his engineering degree at the
University of Florida. Congratulations Ryan! We are so
proud of you!!
May 6,2010
Mayor David Levy and Members of the City Council
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Amendment 4
Dear Mayor Levy and Members of the City Council:
As you know, there is a proposed Constitutional Amendment on the November ballot dealing with
growth management. It has been called “Florida Hometown Democracy”. Many cities and counties,
business and community organizations and newspapers have come out against passage of the
Amendment. Many of them believe it would turn the concept of “comprehensive planning” into the
reality of “comprehensive chaos”.
Here’s a brief summary of the issue and the associated problems.
Amendment 4 would require a referendum for city and county comprehensive plans and
any amendments to those plans before they become effective.
On average, approximately 10,000 comprehensive plan amendments have been approved
annually in Florida. In 2009, over 25,000 amendments were approved in Florida. In 2006,
had Amendment 4 been in effect, the small city of Carrabelle in Franklin County would have
had 617 amendments to its Comprehensive Plan go to referendum.
Amendments to comprehensive plans involve private and public projects, including schools,
roads, capital improvements, fire houses and police stations as well as a myriad of technical
policy changes.
A recent economic analysis by the Washington Economics Group shows that passage of the
Amendment could cost Florida between 106,652 to 267,247 jobs and cost the state
between $13 to $34 billion in revenues.
Less new development will result in higher taxes since government operational costs will
continue to rise, while the tax base of the cities and counties will not. Thus, local
government will have to make up the difference with higher taxes.
Paid political advertisement - paid for and sponsored by Citizens for Lower Taxes and a Stronger Economy, Inc., 610 South Elvd., Tampa, Florida 33606
New businesses and industries will not locate in Florida if comprehensive plan amendments
are required prior to siting and development.
No other state in the Union requires such referendums.
A local version of Amendment 4 in St. Petersburg Beach has been a disaster and changes to
its Comprehensive Plan, approved by referendum, have been legally challenged by the
group supporting the Amendment (Florida Hometown Democracy) and the City has had to
raise taxes to pay for its attorney's fees of over $750,000.
Voters will likely not vote on hundredsjthousands of these amendments.
Representative democracy will die.
Comprehensive planning will become comprehensive chaos.
The Amendment has been opposed by Governor Crist, Florida CFO Alex Sink, Florida
Attorney General Bill McCollum, and the head of the Florida Department of Community
Affairs, Tom Pelham. In addition, all 15 newspapers in the state that have editorialized on
the issue have come out against the Amendment.
The Amendment has not been endorsed by loo0 Friends of Florida or Florida Audubon
Society, both of which have expressed major concerns about its passage. To date, over 250
organizations have expressed opposition to Amendment 4. The Palm Beach County League
of Cities voted to oppose Amendment 4 at its last meeting.
Thank you for your time in reviewing this matter. Enclosed, for your consideration, is a form of
Resolution opposing the Amendment.
Should you have any questions after tonight's presentation, please feel free to contact me via phone at
561-436-8539 or via email at aimee@florida2010.orq.
Sincerely,
&/t& Gyw
Aimee Craig Carlson, AlCP
Regional Director
Cc: City Manager, City Attorney, City Clerk, Interim Growth Management Administrator
Paid political advertisement - paid for and sponsored by Citizens for lower Taxes and a Stronger Economy, Inc., 610 South Blvd., Tampa, Florida 33606
A RESOLUTION OF THE OPPOSING AN
AMENDMENT TO THE FLORIDA CONSTITUTION THAT
WOULD FORCE VOTERS TO DECIDE ALL CHANGES TO A
CITY OR COUNTY’S COMPREHENSIVE PLAN
WHEREAS, the State of Florida is experiencing an unprecedented recession; and
WHEREAS, the State of Florida’s unemployment rate continues to climb and is among the highest in
our nation; and
WHEREAS, attracting new jobs atrd new businesses to the State of Florida is essential to the future
recovery and prosperity of the state, , and its residents; and
WHEREAS, Amendment 4 seeks to place a constitutional amendment before Florida’s voters to amend
Article 11, Section 7, of the Florida Constitution, (Title: REFERENDA REQUIRED FOR ADOPTION
OF LOCAL GOVERNMENTAL COMPREHENSIVE LAND USE PLANS); and
WHEREAS, Amendment 4 creates a time-consuming and costly process for businesses locating or
expanding in Florida; and
WHEREAS, Amendment 4 will impede efforts to grow and diversify Florida’s economy; and
WHEREAS, a major economic study indicates that Amendment 4 is likely to lead to over 260,000 lost
jobs in Florida; and
WHEREAS, Amendment 4 will make well-coordinated planning impossible; and
WHEREAS, this amendment constitutes a fundamental abandonment of government’s responsibility to
represent all its citizens; and
WHEREAS, this amendment will further disenfranchise millions of Florida’s already-fatigued
electorate, paralyze local governments and potentially cripple vital public services including crime
prevention, transportation improvement and public education; and
WHEREAS, this amendment will result in added costs to our local governments, weakened public
services and heavier burdens on Florida taxpayers; and
WHEREAS, the small Pinellas county town of St. Pete Beach adopted a local version of Amendment 4
in 2006; and
WHEREAS, this local version of Amendment 4 resulted in higher taxes, fewer jobs and endless
litigation at taxpayer expense; and
WHEREAS, Amendment 4 will permanently damage Florida’s economy and lead to a serious decline in
the standard of living for Florida residents;
NOW, THEREFORE BE IT RESOLVED BY THE THAT:
NOW, THEREFORE BE IT RESOLVED BY THE THAT:
Section 1. hereby strongly opposes the proposed Constitutional Amendment
4 that poses a grave threat to Florida’s unique quality of life, the stability of its communities, and
the prosperity of its economy.
Section2. ~ 2010, recommends defeat of Constitutional Amendment 4.
Section 3. The of does not concur with the “one size fits all” approach
of Amendment 4 and believes in opening a broad-based community dialogue that addresses the
unique growth management concerns of our community.
PASSED AND ADOPTED this day of---- 2010.
SIGNED:
Bv-Laws Of Bioscience Land Protection Advisorv Board
1. Authority
The Bioscience Land Protection Advisory Board (hereinafter referred to as
“Board”) is established pursuant to an Interlocal Agrmment dated March 14,
2006 (hereinafter referred to as “‘Interlocal Agreement”). The Board shall be
governed by the Interlocal Agreement. The by-laws govern the operation
and procedures of the Board consistent with the Interlocal Agreement.
The authority of the Board is set forth in Section 2.D.1-5 of the Interlocal
Agreement. Pursuant to Section 2.D.1 of the Interlocal Agreement the
Board shall analyze and make recommendations regarding:
(a) proposals to re-zone land under the jurisdiction of the county or any
member municipality which would potentially reduce or eliminate
Bioscience Uses pennitted within the Bioscience Research Protection
Overlay (the Overlay) or would introduce residential uses into the
Overlay, thus potentially reducing the available land for Bioscience Uses
in the Overlay.
(b) proposed amendments to the fbtm land use map of the county or any
member municipality which would remove any property from the
Overlay or that would reduce or elimiraate permitted Bioscience Uses
within the Overlay or would add residential uses to the Overlay, thus
potentially reducing the available land for Bioscience Uses in the
Overlay.
(c) proposed amendments to the county’s or any member municipality’s
Land Development Regulations that would reduce or eliminate permitted
Bioscience Uses within the Overlay or that would introduce residential
uses into the Overlay, thus potentialy reducing the available land for
Bioscience Uses in the Overlay; or serve to restrict or delay the
permitting processes for Bioscience Uses within the Overlay.
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2. Membership
T P
Members and alternates are appointed as provided in Section 2.B. of the
Interlocal Agreement.
3. Quorum
A quorum, as set forth in Section 2.C. of the Interlocal Agreement, is four
members of the Board.
4. GoverningRules
Except as may otherwise be provided by these by-laws, &e Interlocal
Agreement or law, the methods of orgamzation, and the conduct of business
of the Board shall be governed by Roberts’ Rules of Order.
5. Chair and Vice-Chair
The Board shall hold an annual orgaizationd meeting in April or May. At
such meeting the Board shall elect a Chair and Vice-Chair. The term of the
Chair and Vice-Chair shall be one year. The Chair shall be in charge of all
procedures before the Board and shall take such action as necessary to
preserve the order and integrity of the proceedings before the Board. In the
absence of the Chair, the Vice-Chair shall act as Chair and shall have all the
powers of the Chair.
6. Meetings
The Board shall meet at least quarterly. Meetings shall be publicly noticed,
shall be open to the public and shall be held at either a county facility or a
public facility located in one of the member municipalities. The
responsibility to publicly notice the meeting shall be that of the local
government hosting the meeting. Minutes shall be taken by the local
government hosting the meeting and shall be reviewed by the Board at a
subsequent meeting.
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T P
7. Agenda
There shall be an official agenda for every meeting of the Board, which shall
list the order of business to be conducted at the meeting. The agenda shall
be prepared in advance of the meeting and shall be distributed to the
members of the Board, members of the public upon request and to any
person or entity with an item scheduled at that meeting.
8. Staff Support to Board
Staff of the Chair shall serve as Staff of the Board. The Staff of the Board
shall be responsfble for preparation of the agenda based on direction from
the Chair, storing the minutes and compiling and storing the records of the
Board. Additional technical and logistical support shall be provided by the
members’ governments as outlined in Section 4 of the Interlocal Agreement.
9. Definitions
The term “Bioscience Uses” shall include bioscience research and
biotechnology uses and their supporting hcilities; laboratories, other
industrial uses including manufhcturing uses, clinical research organizations
or hospitals; and support services, commercial retail or office uses that are
accessory to bioscience research and biotechnology uses.
G:\WmlATA\LA”KS\BioBoard\Bioaci bylaw finel clean 4 20 1O.h
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
Whereas, May 17, 201 0 marks the Loxahatchee River's 25th anniversary as a national "Wild and
Scenic" river, so designated according to the National Wild and Scenic River Act of 1968;
Whereas, the Loxahatchee River is a beautiful river with outstanding natural, cultural, and recreational
values;
Whereas, the Loxahatchee River is maintained in a free-flowing condition for the enjoyment of present
and future generations;
Whereas, the people of Florida and the United States of America have acted, by designating the
Loxahatchee River as a "Wild and Scenic" river, to safeguard the special character of the river, while also
recognizing their desire for appropriate use of the river;
Whereas, the Loxahatchee River crosses multiple political boundaries and its management is achieved
by several agencies, which coordinate and seek public participation through the Loxahatchee River
Management Coordinating Council;
Whereas, the Loxahatchee River was the first river in Florida to receive this important national
designation, and is one of only two rivers in Florida to currently hold this designation;
Whereas, in addition to the national wild and scenic designation, the Loxahatchee River has been
recognized as an aquatic preserve, an Outstanding Florida Water, and a manatee protection area;
Whereas, the Loxahatchee River provides a unique and rich environment and critical habitats to a
diverse population of indigenous plants and animals;
Whereas, endangered, threatened, and protected species, such as the wood stork, manatee, and bald
eagle, and opossum pipefish rely on habitats within the Loxahatchee River;
Whereas, the Loxahatchee River supports an economic base of commercial fisherman, guides, and
tourism;
Whereas, the Loxahatchee River is a vital resource to its surrounding communities, and is an integral
part of the history of these communities and native American Indian tribes with significant events having
occurred along its shores and waterways;
Whereas, the Loxahatchee River serves as an important recreational outlet for the community offering
hiking, kayaking, canoeing, boating, fishing, swimming and other leisure activities;
NOW, THEREFORE, I, David Levy, by virtue of the authority vested in me as Mayor of the City of Palm
Beach Gardens, Florida, do hereby proclaim May 17,2010 as
Wild and Scenic Loxahatchee River Day
Attest: ~ .~
Patriciainider, CMC, City Clerk
IN WITNESS WHEREOF, I have hereunto set
my hand and caused the Seal of the City of
Palm Beach Gardens, Florida, to be affixed on
this 6th day of May in the Year of our Lord, Two
Thousand Ten
e~zd ~
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, safe, clean, and sustainable water resources are essential to Florida's environment,
economy, citizens and visitors; and
WHEREAS, Florida's water supplies are finite, while our population and our need for water
resources continues to increase; and
WHEREAS, water reuse provides a means for conserving and augmenting Florida's precious
water resources; and
WHEREAS, Florida has established the encouragement and promotion of water reuse as state
objectives in Chapters 3 73 and 403 Florida Statutes; and
WHEREAS, Florida's permitted reuse capacity exceeds 1.4 billion gallons per day (over 58
percent of Florida's total permitted capacity for all domestic wastewater treatment facilities); and
WHEREAS, the State of Florida has declared the week of May 16-22,2010 to be Water Reuse
Week in Florida; and
WHEREAS the City of Palm Beach Gardens has joined with the State of Florida Department of
Environmental Protection, and the South Florida Water Management District in encouraging and
promoting water reuse and conservation; and
NOW, THEREFORE, I, David Levy, by virtue of the authority vested in me as Mayor of the
City of Palm Beach Gardens, Florida, do hereby proclaim the week of May 16-22, 2010 as
Atte~
Patricia Snider, CMC, City Clerk
Water Reuse Week
IN WITNESS WHEREOF, I have
hereunto set my hand and caused
the Seal of the City of Palm Beach
Gardens, Florida, to be affixed on
this (jth. day of May in the Year of our
Lord, Two Thousand Ten
&2-~ DavidiA~M~