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Agenda Council Agenda 052010
CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 20, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Barnett I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. RECOGNITION OF SPONSORS FOR RECREATION DEPARTMENT PROGRAMS. b. RECOGNITION OF SPONSORS FOR GRILLIN' IN THE GARDENS. C. RECOGNITION OF BENJAMIN SCHOOL LACROSSE TEAM — STATE BOY'S 1A LACROSSE CHAMPIONS. V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 4 APPROVE MINUTES FROM APRIL 1, 2010 CITY COUNCIL MEETING. b. (Pape 10) APPROVE MINUTES FROM APRIL 15, 2010 CITY COUNCIL MEETING. C. (Page 14 PROCLAMATION — NATIONAL MISSING CHILDREN'S DAY. IX. PUBLIC HEARINGS: (* Designates Quasi - Judicial Hearing) a. (Staff Report on Page 15, Ordinance on Page 29) ORDINANCE 8, 2010 — (1st READING) AMEND THE LAND DEVELOPMENT REGULATION TO ALLOW FOR COMMUNITY GARDENS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78- 1590)(71) AND AMENDING TABLE 21: PERMITTED, CONDITIONAL AND PROHIBITED USE CHART IN ORDER TO CREATE A COMMUNITY GARDENS USE AND ADOPT REGULATIONS PERTAINING TO COMMUNITY GARDENS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES b. *(Staff Report on Page 35, Ordinance on Page 50, Resolution on Page 54) ORDINANCE 10, 2010 - (1st READING) ST. MARK'S EPISCOPAL CHURCH AND SCHOOL. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA PROVIDING FOR THE EXPANSION OF ST. MARK'S EPISCOPAL CHURCH AND SCHOOL, LOCATED AT THE CORNER OF GARDENS EAST DRIVE AND BURNS ROAD AND HAVING A STREET ADDRESS OF 3395 BURNS ROAD; AMENDING ORDINANCE 24, 1999 AND ORDINANCE 32, 2000, WHICH APPROVED AND AMENDED, RESPECTIVELY, THE ST. MARK'S EPISCOPAL CHURCH AND SCHOOL PUD, IN ORDER TO TRANSFER AND AMEND THE SITE PLAN APPROVAL AND RELATED CONDITIONS OF APPROVAL TO A SEPARATE RESOLUTION; PROVIDING THAT FUTURE AMENDMENTS TO THE SITE PLAN AND CONDITIONS OF APPROVAL FOR THE PUD MAY BE MADE BY RESOLUTION OF THE CITY COUNCIL; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 22, 2010 IS A COMPANION ITEM TO ORDINANCE 10, 2010 AND WILL REQUIRE COUNCIL ACTION ON SECOND READING. RESOLUTION 22, 2010 - ST. MARK'S EPISCOPAL CHURCH AND SCHOOL. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE ST. MARK'S EPISCOPAL CHURCH AND SCHOOL PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN IN ORDER TO ALLOW A 44,593- SQUARE -FOOT EXPANSION TO THE EXISTING FACILITIES, AS MORE PARTICULARLY DESCRIBED HEREIN. PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. *(Staff Report on Page 78, Ordinance on Page 85) ORDINANCE 11, 2010 — (1t'' READING) PARCEL 18 A07 VOLUNTARY ANNEXATION. AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A PETITION FOR VOLUNTARY ANNEXATION, A PARCEL OF LAND CONSISTING OF APPROXIMATELY TWELVE AND 39/100 (12.39) ACRES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA TURNPIKE, IN PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE OF THE OWNER OF THE REAL PROPERTY ANNEXED HEREBY; AMENDING ARTICLE II OF THE CITY CHARTER BY REDEFINING THE CORPORATE LIMITS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION /DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING APRIL 1, 2010 The regular meeting was called to order at 7:02 p.m. by Mayor Levy. L PLEDGE OF ALLEGIANCE II. ROLL CALL PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph Russo, Councilmember Eric Jablin, Councilmember Jody Barnett. ABSENT: None. III. ADDITIONS, DELETIONS, MODIFICATIONS None. IV. ANNOUNCEMENTS AND PRESENTATIONS None. V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS Councilmember Barnett had no report. Councilmember Russo thanked Palm Beach County Commissioner Karen Marcus for coordinating with the State to prevent any further smoke issues from interrupting the Honda Classic. Vice Mayor Premuroso announced the Annual Easter Egg Hunt at the Burns Road ball fields on Saturday, April 3, 2010 and the Third Annual Amanda J. Buckley Golf Tournament on Saturday, April 17, 2010 at the Palm Beach Gardens Municipal Golf Course. Councilmember Jablin congratulated Mayor Lew and Councilmember Russo on their reelection and congratulated Mayor Lev v and Vice Mayor Premuroso on their election as Mayor and Vice Mayor respectively. Mayor Lew reported attending the Loxahatchee River Management Coordinating Council. A Resolution was passed by the Loxahatchee River Management Coordinating Council declaring May 15, 2010 Loxahatchee River Day and a copy of that Resolution has been submitted to City Manager Ferris. Mayor Levy requested the City adopt such a Resolution. A consensus was reached and City Manager Ferris was directed to draw up a similar Resolution. Mayor Levy reported attending a League of Cities Board of Directors meeting where the 2011 dues structure was adopted and 2011 budget approved. Mayor Levy requested two Proclamations be drawn up, one for Water Conservation Month for April and one for Water Reuse Week in May. Consensus was reached approving both Proclamations. VI. CITY MANAGER REPORT City Manager Ron Ferris requested a joint meeting between the elected officials of the Town of Jupiter, Town of Juno Beach and City of Palm Beach Gardens to discuss consolidation of dispatch functions within the new Emergency Operations and Communications Center (EOCC). The City Clerk will coordinate meeting. VII. COMMENTS FROM THE PUBLIC Donaldson Hearing, 1934 Commerce Lane, Jupiter; Alexandria Larson, 16933 W. Harlena Drive, Loxahatchee; Panagioti Tsolkas, 822 N. C Street, Lake Worth. VIII. CONSENT AGENDA a. RESOLUTION 16, 2010 — ENVIRONMENTAL PROTECTION AGENCY'S PROPOSAL. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA OPPOSING THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S ( "EPA ") PROPOSAL TO ENACT NEW STRINGENT NUMERIC NUTRIENT WATER QUALITY STANDARDS TO BE APPLICABLE FOR CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 04.01.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ALL LAKES, FLOWING WATERS, CLASS III WATERS, AND COASTAL WATERS THROUGHOUT AND ADJACENT TO THE STATE OF FLORIDA AS AN AMENDMENT TO 40 CFR, PART 131.43 AND THE CLEAN WATER ACT, AT SEC. 303(C); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilmember Jablin made a motion for approval of the Consent Agenda. Vice Mayor Premuroso seconded. Motion passed 5 -0. IX. RESOLUTIONS The City Clerk read Resolution 102, 2009 by title. a. RESOLUTION 102, 2009 - PROPORTIONATE SHARE AGREEMENT RELATED TO THE SCRIPPS PHASE IUBRIGER TRACT DRI. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE THE SCRIPPS FLORIDA PHASE IUBRIGER DEVELOPMENT OF REGIONAL IMPACT PROPORTIONATE SHARE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Staff Presentation: Planning Manager Natalie Wong. Public Comment: None. Councilmember Jablin made a motion for approval of Resolution 102, 2009. Vice Mayor Premuroso seconded. Motion passed 5 -0. X. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearing) Mayor Levy announced the procedures for tonight's proceedings. Those preparing to give testimony were sworn in. The City Clerk read Resolution 80, 2009 by title. a. RESOLUTION 80, 2009 - SCRIPPS FLORIDA PHASE II DRI — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW PERTAINING TO THE SCRIPPS FLORIDA PHASE IF BRIGER TRACT DEVELOPMENT OF REGIONAL IMPACT (DRI) AND CONSTITUTING THIS RESOLUTION AS THE DRI DEVELOPMENT ORDER; PROVIDING FOR EXECUTION, TRANSMITTAL, AND IMPLEMENTATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE AND EXPIRATION DATE; AND FOR OTHER PURPOSES. City Attorney Lohman requested speakers state their name and address for the record and advised that comments made during Resolution 80, 2009 and Ordinance 18, 2009 will be incorporated into the record for Ordinance 33, 2009 and Ordinance 28, 2009. Mayor Levy opened the public hearing. Presented Item: Ken Tuma, Urban Design Kilday Studio. Staff Presentation: Planning Manager Natalie Wong. The City Clerk read Ordinance 18, 2009 by title. b. ORDINANCE 18, 2009 — (2ND READING AND ADOPTION) COMPREHENSIVE PLAN TEXT AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3184, ET SEQ., FLORIDA STATUTES, TO CREATE A NEW SUBCATEGORY TO THE EXISTING MIXED USE LAND USE DESIGNATION FOR BIOSCIENCE MIXED USE DEVELOPMENTS AND AN AMENDMENT TO DELINEATE THE SCRIPPS FLORIDA PHASE IF BRIGER TRACT DEVELOPMENT OF REGIONAL IMPACT (DRI) ON THE FUTURE LAND USE MAP CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 04.01.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AND PROVIDE A NOTATION ON THE FUTURE LAND USE MAP PERTAINING TO THE PERMITTED LAND USE DENSITIES AND INTENSITIES ESTABLISHED BY ORDINANCE 7, 2005 FOR APPROXIMATELY 708.14 ACRES LOCATED SOUTH OF DONALD ROSS ROAD, NORTH OF HOOD ROAD, AND EAST AND WEST OF INTERSTATE 95; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Public Comment: City Attorney Lohman explained the guidelines for cross - examination of witnesses. Palm Beach County Commissioner Karen Marcus, P.O. Box 1989, West Palm Beach; Thomas DeRita, 5770 Whirlaway Road, Palm Beach Gardens; Britni M. Hiatt, 12688 Buckland Street, Wellington; Kaleigh McKnight, 1190 Main Street, Jupiter; Alexandria Larson, 16933 W. Harlena Drive, Loxahatchee; Barry Silver, 1200 S. Congress Circle, Suite 8, Boca Raton; George Eisman, R.D., 13155 SW 7th Court, Pembroke Pines; Nate Barksdale, 13926 157th Court North, Jupiter; Adam Barksdale, 13926 157th Court North, Jupiter; Russell McFadden, 822 N. C Street, Lake Worth; Hal Valache, 128 Viera Drive, Palm Beach Gardens; Michael Adler, 410 NW 15th Avenue, Gainesville; Marie Zwicker, 3102 Reo Lane, Lake Worth; Mara Shlackman, 2100 S. Ocean Drive, No. 8E, Fort Lauderdale; Gary Serisnese, 11715 Timbers Way, Boca Raton; Christian Minaya, 901 N. Federal Highway, Apt. A, Lake Worth; Nick Atwood, 726 Palm Street, West Palm Beach; Sean P. Conroy, 21 East Avenue, Thomas, West Virginia; Suki de Jong, 2076 SW 14th Avenue, Boynton Beach; Nadine Murski, 5183 Pinetree Drive, Delray Beach; Jessica Brockway, 1190 Main Street, Box 263, Jupiter; Ghazal Taialli, 8303 W. Sample Road, Apt. 8, Coral Springs; Gina Brockway, 6440 SE Inlet Way, Stuart; Bobette Wolesensky, 17300 Boca Club Boulevard, Boca Raton; Serafina Mintz, 416 Revere Road, Lake Worth; Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens; Panagioti Tsolkas, 822 N. C Street, Lake Worth; Forrest English, 822 N. C Street, Lake Worth; Meredith Brown, Apt. 653A Jones Avenue, Morgantown, West Virginia; Rachel Kiiarski, 6132 New Snook Court, Port Saint Lucie; Ana Rodriguez, 416 Revere Road, West Palm Beach; Andrew Duffell, Business Development Board, 310 Evernia Street, West Palm Beach; Melanie Carpenter, 131 SW 7th Court, Pembroke Pines; Lawrence Bodner, 3193 NW 61st Street, Boca Raton; Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens; Pablo Del Real, 521 Southridge Road, Delray Beach; John Chaplik, 715 Hudson Bay Drive; Palm Beach Gardens; Bob Leonard, 1606 16th Lane, Palm Beach Gardens; Joan Altwater, 9180 Cypress Hollow Drive, Palm Beach Gardens; Roma Josephs, 323 Sunset Bay Lane, Palm Beach Gardens; Amir Kanel, 8332 Man -O -War Road, Palm Beach Gardens. Mayor Lew closed the public hearing. Councilmember Jablin made a motion for approval of Resolution 80, 2009. Councilmember Russo seconded. Councilmember Russo, Councilmember Barnett, and Mayor Levy commented. Motion passed 5 -0. Councilmember Jablin made a motion for approval and adoption of Ordinance 18, 2009 on second reading. Vice Mayor Premuroso seconded. Motion passed 5 -0. The City Clerk read Ordinance 33, 2009 by title. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 04.01.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 c. ORDINANCE 33, 2009 — (2ND READING AND ADOPTION) BRIGER TRACT — REQUEST FOR A TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78 -157. MIXED USE PLANNED UNIT DEVELOPMENT DISTRICT. BY AMENDING THE TITLE OF SECTION 78 -157. SUCH THAT IT SHALL NOW BE ENTITLED "MXD — MIXED USE DEVELOPMENT DISTRICT ", FOR INTERNAL CONSISTENCY AND ADOPTING NEW SECTION 78 -232 ENTITLED "SCRIPPS FLORIDA PHASE II — DESIGN GUIDELINES ", IN ORDER TO ESTABLISH ZONING REGULATIONS AND DESIGN GUIDELINES FOR THE SCRIPPS FLORIDA PHASE IUBRIGER TRACT PCD, TO PROVIDE REGULATIONS FOR APPROVAL AND AMENDMENT OF FUTURE PROJECTS WITHIN THE OVERLAY ZONE, AND TO ESTABLISH CRITERIA FOR BIOSCIENCE MIXED USE PLANNED DEVELOPMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Lew opened the public hearing. Staff Presentation: Planning Manager Natalie Wont. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval and adoption of Ordinance 33, 2009 on second reading. Vice Mayor Premuroso seconded. Motion passed 5 -0. The City Clerk read Ordinance 28, 2009 and Resolution 1, 2010 by title. d. *ORDINANCE 28, 2009 — (2ND READING AND ADOPTION) BRIGER TRACT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN PARCELS OF REAL PROPERTY CONSISTING OF 681 ACRES, MORE OR LESS, LOCATED SOUTH OF DONALD ROSS ROAD, NORTH OF HOOD ROAD, AND EAST AND WEST OF INTERSTATE 95, PROVIDING THAT THE SUBJECT PARCELS OF REAL PROPERTY, WHICH ARE MORE SPECIFICALLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED COMMUNITY DEVELOPMENT (PCD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF MIXED -USE (MXD); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED TO REFLECT THE PROPER DESIGNATION FOR THE SUBJECT PARCELS OF PROPERTY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 1, 2010 IS A COMPANION ITEM TO ORDINANCE 28, 2009 AND WILL REQUIRE COUNCIL ACTION RESOLUTION 1, 2010 - BRIGER PCD SITE PLAN. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SCRIPPS FLORIDA PHASE IUBRIGER TRACT MIXED USE (MXD) PLANNED COMMUNITY DEVELOPMENT (PCD), COMPRISED OF 2.6 MILLION SQUARE FEET OF BIOTECH RESEARCH AND DEVELOPMENT, 1.2 MILLION SQUARE FEET OF OFFICE, 300 HOTEL ROOMS, 500,000 SQUARE FEET OF RETAIL, AND 2,700 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 04.01.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESIDENTIAL UNITS ON A 681 -ACRE PARCEL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the public hearing. Ex parte communication was declared by Mayor Levy, Councilmember Russo, Councilmember Jablin. Staff Presentation: Planning Manager Natalie Wong. City Attorney Lohman explained because earlier speakers left the meeting their testimony will be incorporated into the official record. The applicant did not object. Public Comment: Panagioti Tsolkas, 822 N. C Street, Lake Worth. City Attorney Lohman provided further information regarding cross - examination of witnesses. Mayor Lew closed the public hearing. Councilmember Jablin made a motion for approval and adoption of Ordinance 28, 2009 on second reading. Vice Mayor Premuroso seconded. Motion passed 5 -0. Councilmember Jablin made a motion for approval of Resolution 1, 2010. Vice Mayor Premuroso seconded. Motion passed 5 -0. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION Councilmember Russo and Councilmember Jablin thanked everyone who worked on the Scripps /Briger project. XII. CITY ATTORNEY REPORT None. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 04.01.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 XIIL ADJOURNMENT Councilmember Jablin made a motion to adjourn. Vice Mayor Premuroso seconded. Motion passed 5 -0. The meeting adjourned at 9:55 p.m. The next regularly scheduled City Council meeting will be held April 15, 2010. APPROVED: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Jody Barnett, Councilmember ATTEST: Patricia Snider, CMC City Clerk Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 04.01.10 PAGE 6 I CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 APRIL 15, 2010 5 6 The regular meeting was called to order at 7:00 p.m. by Mayor Lew. 7 L PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph 10 Russo, Councilmember Eric Jablin, Councilmember Jody Barnett. 11 ABSENT: None. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 Addition to Consent Agenda: Proclamation — Holocaust Remembrance Week 2010. 14 Councilmember Jablin made a motion for approval. 15 Councilmember Barnett seconded. 16 Motion passed 5 -0. 17 IV. ANNOUNCEMENTS AND PRESENTATIONS 18 a. SPONSORSHIP RECOGNITION FOR DANCING UNDER THE STARS 19 Recreation Division Resource Manager Ann Schilling presented plaques to the Brio 20 Tuscan Grill, Florida Power & Light, Palm Beach Post and Seaview Radio for their 21 sponsorship of Dancing Under the Stars. 22 b. ANNUAL AUDIT REPORT 23 Finance Administrator Allan Owens introduced Richard Rampell and Deborah Diaz of 24 Rampell & Rampell, P.A., who presented the 2009 Annual Audit Report. 25 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS 26 Councilmember Barnett had no report. Councilmember Russo reported on the Economic 27 Advisory Group of North County meeting and thanked the staff members who accepted the 28 voluntary separation program for their service. Vice Mayor Premuroso had no report. 29 Councilmember Jablin thanked the staff members who accepted the voluntary separation 30 program for their service. Mayor Levy reported attending a Hazardous Materials Oversight 31 Committee meeting, Frenchman's Creek High Tea and announced the Give a Smile to a Child 32 Foundation golf tournament is this coming Saturday (April 17, 2010). 33 VI. CITY MANAGER REPORT 34 None. 35 VII. COMMENTS FROM THE PUBLIC 36 Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens; Dan Clark, 18 Princewood 37 Lane, Palm Beach Gardens; Louis Satriano, 4703 Lakemont Court, Palm Beach Gardens; 38 Pat Hughey, 9120 Reed Drive, Palm Beach Gardens; Tom Carnes, PGA Corridor 39 Association, 3101 PGA Boulevard, Palm Beach Gardens; Carol Estrada, 309 Riverside 40 Drive, Palm Beach Gardens. 41 VIII. CONSENT AGENDA 42 a. APPROVE MINUTES FROM MARCH 4, 2010 CITY COUNCIL MEETING. 43 b. APPROVE MINUTES FROM MARCH 18, 2010 CITY COUNCIL MEETING. 44 c. RESOLUTION 17, 2010 —MEMORANDUM OF UNDERSTANDING BETWEEN THE 45 CITY AND THE IAFF. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 46 PALM BEACH GARDENS, FLORIDA APPROVING AND RATIFYING A 47 MEMORANDUM OF UNDERSTANDING WITH THE PROFESSIONAL 48 FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY LOCAL 2928, INC. TO CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 04.15.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 MODIFY AND CLARIFY THE REQUIREMENTS FOR PROMOTIONAL EXAMINATIONS AND THE USE OF PERSONAL LEAVE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. PROCLAMATION — WATER CONSERVATION MONTH. Councilmember Russo made a motion for approval of the Consent Agenda. Councilmember Jablin seconded. Motion passed 5 -0. IX. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearing) Mayor Lew announced the procedures for tonight's proceedings. Those preparing to give testimony were sworn in. The City Clerk read Resolution 14, 2010 by title. a. *RESOLUTION 14, 2010 — SEPTEMBER 11TH MEMORIAL PLAZA — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE 09.11.01 MEMORIAL PLAZA, LOCATED AT 5161 NORTHLAKE BOULEVARD ON THE FIRE STATION NO. 3 PARCEL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the public hearing. Ex parte communication with staff was disclosed by Mayor Levy, Vice Mayor Premuroso, Councilmember Russo, Councilmember Jablin, and Councilmember Barnett. Presented Item: Deputy Fire Chief C.R. Brown. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Resolution 14, 2010. Vice Mayor Premuroso seconded. Motion passed 5 -0. The City Clerk read Resolution 15, 2010 by title. b. *RESOLUTION 15, 2010 — EMERGENCY OPERATIONS COMMUNICATION CENTER. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE PALM BEACH GARDENS MUNICIPAL COMPLEX TO ALLOW A 10,800- SQUARE- FOOT EMERGENCY OPERATIONS AND COMMUNICATION CENTER, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilmember Russo recused himself, signed Form 813, left the dais. Mayor Levy opened the public hearing. Ex parte communication with staff was disclosed by Mayor Lew, Vice Mayor Premuroso Councilmember Jablin and Councilmember Barnett. Presented Item: Fire Chief Pete Bergel. Staff Presentation: Planner Kate Wilson. Public Comment: Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Resolution 15, 2010. Vice Mayor Premuroso seconded. Motion passed 4 -0. Councilmember Russo returned to the dais. Ordinance 9, 2010 was no longer needed due to passage of Resolution 15, 2010. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 04.15.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ORDINANCE 9, 2010 IS CONTINGENT UPON COUNCIL APPROVAL OF THE ALTERNATE EXTERIOR ELEVATION AS RECOMMENDED BY PZAB. c. ORDINANCE 9, 2010 — (1st READING) AMENDING THE FISCAL YEAR 2010 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS None. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION a. LAKE CATHERINE HISTORICAL ART PROJECT Staff Presentation: Resource Manager Allyson Black. Public Comment: Louis Satriano, 4703 Lakemont Court, Palm Beach Gardens; Carol Estrada, 309 Riverside Drive, Palm Beach Gardens; Cable Neuhaus, 1106 Vintner Boulevard, Palm Beach Gardens; Jennifer O'Brien, 29 Via Del Corso, Palm Beach Gardens; Linda Hughey, 9120 Reed Drive, Palm Beach Gardens. Following Council discussion Mayor Levy authorized the Art in Public Places Advisory Board to go forward with the Call to Artists for the Lake Catherine Historical Art Project. b. OUTDOOR SEATING, SPECIAL EVENTS AND TEMPORARY SIGNAGE Staff Presentation: Interim Growth Management Administrator Natalie Wong. Following Council discussion Mayor Lev- authorized Interim Growth Management Administrator Wong to pursue the outdoor seating, special events and temporary signage for Code of Ordinance amendments. c. VOLUNTARY SEPARATION City Manager Ferris stated he will prepare a "Frequently Asked Questions" presentation regarding the voluntary separation package. Public Comment: Linda Hus!he -, 9120 Reed Drive, Palm Beach Gardens d. CITY MANAGER ANNUAL EVALUATION Council reached consensus to meet individually with City Manager Ferris for his annual evaluation appraisal. The item will be added to the next agenda. e. MEETING DATES Councilmember Jablin made a motion for the summer City Council meetings to be held on July 15 and August 19, 2010. Councilmember Russo seconded. Motion passed 5 -0. Councilmember Russo requested that the first September meeting be held following Labor Day. XIL CITY ATTORNEY REPORT None. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 04.15.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 XIIL ADJOURNMENT Councilmember Jablin made a motion to adjourn. Councilmember Russo seconded. Motion passed 5 -0. The meeting adjourned at 9:43 p.m. The next regularly scheduled City Council meeting will be held May 6, 2010. APPROVED: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Jody Barnett, Councilmember ATTEST: Patricia Snider, CMC City Clerk Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 04.15.10 PAGE 4 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, according to the U.S. Department of Justice, in one year there were an estimated nearly 800, 000 children missing; and WHEREAS, on average, there is an estimated average of 2,200 children reported missing to law- enforcement agencies daily; and WHEREAS, 58,200 of these children are victims of non family abductions and more than 200, 000 are the victims of family abductions; and WHEREAS, the National Center for Missing and Exploited Children (NCMEC) exists as a resource to help prevent child abduction and sexual exploitation; help find missing children; and assist victims of child abduction and sexual exploitation, their families, and the professionals who serve them. The National Center for Missing and Exploited Children's recovery rate has grown from 62% in 1990 to 96% of domestically missing children, but too many children still remain among the missing; and WHEREAS, this special day is a time to remember those children who are missing and give hope to their families; and WHEREAS, be it fiirther resolved that Palm Beach Gardens urges the participation of local government law enforcement, schools, community-based organizations, and . families in the protection and education of all individuals about child abduction and sexual exploitation, appropriate protective measures, and ways to respond and seek help from law ei forcement, social services, and the National Center for Missing cot Exploited Children; and WHEREAS, be it further proclaimed that Palm Beach Gardens encourages all individuals to Take 25 minutes to help children stay safer; and NOW, THEREFORE, I, David Levy, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim May 25"4 as National Missing Children's Day in the City of Palm Beach Gardens as part of Palm Beach Gardens' continuing efforts to prevent the abduction and sexual exploitation of children_ A TTEST.- Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 20'h Day of May, in the year Two Thousand and Ten. Mayor David Levy -- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 20, 2010 Petition LDRA- 10 -03- 000030 /Ordinance 8, 2010 Subiect/Agenda Item Ordinance 8, 2010 /Petition LDRA- 10 -03- 000030: 159, Table 21, Amending Chart of Permitted Uses Public Hearing and First Reading: A City- initiated Development Regulations ( "LDRs ") in order to crea establish regulations and a review process. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Code Amendment to Section 78- request to amend the City's Land :e a "Community Garden" use and Reviewed by: Originating Dept.: Finance: N/A Council Action: R. Max Lo Growth Management: Costs: [ J Rec. approval Richard . Marrero $ N/A [ ] Rec. app. w/ conds. Ci y Altbrney Total [ J Rec. Denial /;,�4 [ ] Continued to: nior nner Bahareh Wolfs, AICP $ N/A N/A Current FY Development Compliance Na I' M. AICP [ ] Quasi- Judicial Funding Source: [ X ] Legislative [ X ] Public Hearing [ J Operating ri erim Gr [X ] Management Administrator Other N/A Budget Acct. #: Advertised: N/A Attachments: Date: May 5, 2010 . Ordinance 8, 2010 Paper: Palm Beach . City Code Section Post 78 -52 (Conditional [ X ] Required Uses) Approved by: Ronald M. Ferris Affected parties Notified: ] Notified [ X ] Not Required City Manager Meeting Date: May 20, 2010 Petition LDRA -10 -03 -000030 /Ordinance 8, 2010 EXECUTIVE SUMMARY During the past several months, the City Council and various residents and members of the community have discussed the possibility of allowing community gardens within the City. Staff believes community garden uses could be a benefit to our City as well as the environment. However, the LDRs do not contain a category or standards in which such a use is allowed or regulated. According to City Code Section 78 -159 (d), "Any use not listed as a permitted use, minor conditional use, or major conditional use in Table 21, or not recognized as a similar use, is a prohibited use and shall not be established." Community gardens may create impacts which can be detrimental to the quality of life of adjacent property owners. Therefore, it is important to create standards to regulate potential impacts such as noise, odor, visual impacts, and hours of operation. However, it is not staff's intention to over - regulate the use to the extent that it would be cost prohibitive to pursue gaining an approval from the City. Thus, staff recommends that community gardens be classified as minor conditional uses. The minor conditional use process is an existing process within the City's LDRs which contain standards and criteria that is reviewed to ensure compatibility with adjacent properties. Minor conditional uses are reviewed and approved by the Development Review Committee (DRC), which is comprised of City staff from the following Departments: Police, Fire, Engineering, Planning & Zoning, and Forestry. Therefore, the subject request is a City - initiated amendment to the LDRs, specifically to the chart of permitted uses in Section 78 -159, to create and define a "Community Garden" use, establish criteria and regulations, and create a review process. BACKGROUND During the past several years, local zoning codes and Comprehensive Plans have implemented environmental initiatives to conserve energy, preserve natural areas and habitats, and reduce the collective carbon footprint of communities. Palm Beach Gardens, like many other municipalities, has adopted various Comprehensive Plan objectives and policies to promote "green" initiatives within the City. The proposed code amendment furthers the goals contained within the City's Comprehensive Plan Policy 1.3.6.2., which states, "The City shall encourage policies and actions that reduce greenhouse gas emissions and other pollutants and reduce the use of non - renewable resources." (The remainder of this page left intentionally blank.) 2 Meeting Date: May 20, 2010 Petition LDRA -10 -03 -000030 /Ordinance 8, 2010 PROPOSED CITY CODE AMENDMENT Staff recommends approval of a text amendment to the following Code Sections: (Deletions are stri wk, new language is underlined): Sec. 78 -159. Table 21. Permitted uses, minor and major conditional uses, and prohibited uses. (Please note that P= Permitted Use, C = Minor Conditional Use, C* = Major Conditional Use, Blank = Prohibited) CATEGORY/USE I RE I RR10 I RR20 I RL1 I RL2 I RL3 RM RH I RMH I PO CN I CG1 I CG2 I CR I M1 I M1A M2 P81 CONS PDA Note * ** (The previous rows of Table 21 have been omitted for brevity.) * ** RESOURCES PRODUCTION AND EXTRACTION Agriculture C. 65 Excavation and Fill, and Sorrow Pit Operations C. C. 66 OTHER Accessory Uses P P P P P P P P P P P P P P P P P P P Mobile Home, Temporary C C C C C C C C C C 67 Recreation, Accessory C C C C C C C C 68 Satellite Dishes, Accessory P P P P P P P P P P P P P P P P P P 69 Trailers, Construction P P P P P P P P P P P P P P P P P P P 70 Trailers, Sales P P P P P P P P P P P P P P P P P P 70 ComrrKini Garden C C — C C C C C C — C C — C — C — C C C C C C — C — 71 0) Additional Standards. The following standards apply to specific uses as indicated in the "Note" column of Table 21. (l)—(70) (These subsections shall remain in full force and effect as previously enacted.) 7711) Community Gardens. A community garden is a use that is divided into multiple plots for crop cultivation by multiple individual parties. Community gardens shall be 3 Meeting Date: May 20, 2010 Petition LDRA -10 -03 -000030 /Ordinance 8, 2010 limited to the cultivation of fruits, vegetables, non - nuisance native plants, flowers, or herbs for personal use only. a. Applicability. This section shall apply to community gardens. Community gardens may be located on vacant property or on property with a valid development order approval. Community gardens may be located within the PGA Boulevard Overlay or Northlake Boulevard Overlay Zone (NBOZ). This section shall not apply to single- family residential dwelling units. b. Purpose and intent. The purpose and intent of this section is to establish appropriate standards for the regulation of community gardens, with emphasis on mitigating associated negative impacts on adjacent property owners. c. Definition. Community garden is a conditional use that is intended to be temporary on property in order to allow multiple parties to engage in horticultural activities for their personal consumption or enjoyment, for the consumption or enjoyment of friends and relatives, and /or donation to a not - for - profit organization. A community gardens shall comply with this section and the development standards of the zoning district in which it is located. d. General requirements. All community gardens shall comply with the standards listed below: 1. Community gardens shall not exceed one (1) acre in size. The use of previously - cleared land is encouraged. 2. The property shall be maintained in an orderly and neat condition consistent with the City's property maintenance standards. Tools and supplies shall be stored indoors or removed from the property daily_ 3. No horticultural activities shall be conducted prior to sunrise or after sunset. The use of hand tools and domestic gardening tools is encouraged. The use of gas powered equipment greater than ten - horsepower is prohibited in community gardens. 4. A community garden is not a commercial use or enterprise. Commercial or "for profit" horticultural activities are not permitted in a community garden. The produce grown in a community garden shall not be sold at wholesale or retail, on or off of the premises. 5. No buildings or structures shall be permitted on the communitv garden premises except sheds used for the storage of tools and equipment. Such sheds shall be limited in size to 100 square feet and shall have no dimension that exceeds 10 feet. Additionally, such sheds must comply with all required setbacks for structures for the zoning district in which the community garden is located. Benches, bike racks, raised /accessible planting beds, compost or waste bins, picnic tables, birdhouses, butterfly Meeting Date: May 20, 2010 Petition LDRA -10 -03 -000030 10rdinance 8, 2010 gardens, fences, and rain barrel systems may be permitted as part of the conditional use approval process. The combined area of all buildings or structures shall not exceed two percent (2 %) of the garden site lot area. 6. All fencing shall comply with the requirements contained within Section 78 -186. The boundaries of all community gardens must be properly identified such that they are clear and unambiguous. 7. The boundary of a community garden shall be no less than fifteen (15) from any portion of a designated landscape buffer. Additionally, the boundary of a community garden shall be no less than ten (10) feet from the side or rear property line and no less than fifteen (15) feet from the front Property line. All plantings shall comply with sight visibility triangle regulations, as set forth in the land development regulations. 8. Refuse storage areas shall be provided and screened to enclose all refuse generated from the garden. Refuse shall be removed from the site at least once per week. 9. The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent property. 10. The applicant shall execute and file with the City a hold harmless and /or indemnification agreement in favor of the City. This agreement shall be reviewed and approved by the City Attorney prior to execution by the applicant. Time limitations. 1. Community garden uses shall be initiated and placed in continuous use within six (6) months of approval or as otherwise provided for in the development order approving such use. Community garden uses shall not supersede any valid development approvals issued by the City. 2. Upon issuance of an infrastructure permit that conflicts with the continued use and existence of an approved community garden, such community garden shall immediately cease operation and that community garden's conditional use approval shall automatically become null and void. 3. Each year within thirty (30) days of the anniversary of the original date upon which the community garden was approved the applicant, property owner, successor, or assigns shall provide written notice of his or her intent and desire to continue the use for an additional year. Approval of such continuation shall not be unreasonably withheld. Failure to timely provide such written notice to the growth management director shall automatically render the subject conditional use approval null and void. T Meeting Date: May 20, 2010 Petition LDRA -10 -03 -000030 /Ordinance 8, 2010 4. The City may revoke any community garden's approval and require it to cease operation if code enforcement action, of any nature, is initiated in order to enforce the City's code requirements. Furthermore, the City specifically reserves the right to pursue any and all available legal remedies should the community garden fail to comply with any applicable law. In the event a community garden ceases to operate for a period of more than three (3) months, the use shall be considered abandoned and the property owner shall be required to restore and maintain the property in accordance with the city codes. DISCUSSION During staff's research, the question of whether a property that obtained a community garden use approval could apply for an agricultural exemption from Palm Beach County, thus lowering the taxable value of the land. Staff contacted the Agriculture Appraisal Office and confirmed that a property that obtained a community garden use approval would not qualify for an agricultural exemption. Furthermore, the Appraiser's Office stated that a maximum of one acre is too small to warrant an exemption for the property. The proposed LDR amendment establishes the community garden use and provides for additional standards and criteria. The subject LDR amendment proposes community garden uses be classified as a minor conditional use. By designating community gardens as a minor conditional use, the City will be able to regulate certain aspects of the use and mitigate any impacts to adjacent properties. Furthermore, a minor conditional use designation coincides with existing review and approval processes already established in the City's LDRs. In addition to those regulations listed specifically in the proposed community garden use section, an applicant would also need to comply with the existing minor conditional use criteria listed below: (1) Comprehensive plan. The proposed use is consistent with the comprehensive plan. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. (3) Standards. The proposed use is consistent with the standards for such use as provided in Section 78 -159. (4) Public welfare. The proposed use provides for the public health, safety, and welfare by. a. Providing for a safe and effective means of pedestrian access, 6 Meeting Date: May 20, 2010 Petition LDRA -10 -03 -000030 /Ordinance 8, 2010 b. Providing for a safe and effective means of vehicular ingress and egress, c. Providing for an adequate roadway system adjacent to and in front of the site; d. Providing for safe and efficient onsite traffic circulation, parking, and overall control, and e. Providing adequate access for public safety purposes, including fire and police protection. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: a. Noise; b. Glare, c. Odor, d. Ground -, wall -, or roof - mounted mechanical equipment; e. Perimeter, interior, and security lighting; f. Signs, g. Waste disposal and recycling, h. Outdoor storage of merchandise and vehicles; i. Visual impact, and j. Hours of operation. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. (8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development. (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the city. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. Meeting Date: May 20, 2010 Petition LDRA -10 -03 -000030 /Ordinance 8, 2010 (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, stormwater management, wildlife, vegetation, and wetlands. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On May 11, 2010, the PZAB recommended denial to the City Council of the subject LDR amendment by a vote of 7 -0. It is important to note that the PZAB was supportive of the community garden concept, and believed that it was a benefit to the environment and the City. However, due to the concerns listed below, the PZAB recommended denial of the Ordinance. 1. The PZAB stated that they had concerns with locating structures associated with community gardens along PGA Boulevard. The PZAB indicated that tool sheds and greenhouses would not be compatible with the aesthetics of the PGA Boulevard corridor. 2. The PZAB stated that they had concerns that the proposed ordinance did not address soil testing. 3. The PZAB stated that they had concerns that the ordinance did not include language regarding American Disability Act (ADA) standards for disabled persons. 4. The PZAB stated that they had concerns with allowing community gardens within commercial and industrial zoning designations. STAFF RECOMMENDATION Staff recommends approval of Petition No. LDRA- 10 -03- 000030 /Ordinance 8, 2010 to establish regulations and criteria for community gardens. 8 LAND DEVELOPMENT REGULATIONS § 78 -50 r (d) Administrative variances. The growth management director or designee may issue administrative variances pursuant to the following conditions: (1) Structural encroachments into setbacks of no more than ten percent. The growth management director may issue an administrative variance for structural encroach- ments into a setback of no more than ten percent of the setback, provided the structural encroachment does not encroach upon an easement. (2) Conditions. The growth management director may impose such conditions in a development order granting an administrative variance as are necessary to accomplish the goals, objectives, and policies of the Comprehensive Plan and. this section, including, but not limited to, limitations on size, bulk, location, requirements for lighting, and provision of adequate ingress and egress. (3) Standards for granting administrative variances. When considering an administrative variance, the growth management director must determine that a) the variance is necessary because of practical difficulty peculiar to the land, structure, or building involved and which is not applicable to other lands, structures, or buildings in the same zoning district; b) the variance is the minimum variance necessary to alleviate the practical difficulty; and c) the variance will be in harmony with the general intent and purpose of the zoning code, and will not be injurious to the area involved or otherwise detrimental to the public welfare. ): (4) Expiration of administrative variances. An administrative variance granted by the growth management director shall automatically expire under the following condi- tions: a. The variance shall expire 12 months from the date of the written determination of the growth management director granting the administrative variance if a building permit has not been issued in accordance with the plans and conditions upon which the administrative variance was granted; and b. The administrative variance shall expire if a building permit issued in accor- dance with the plans and conditions upon which the administrative variance was granted expires and is not renewed pursuant to the applicable provisions regarding renewal of building permits. (5) Appeal of growth management director's decision. A petitioner may appeal the written determination of the growth management director to the planning, zoning, and appeals board in accordance with the procedures set forth at section 78 -56. (Ord. No. 17 -2000, § 26, 7- 20 -00; Ord. No. 17 -2004, § 5, 6 -3 -04; Ord. No. 19, 2004, § 3, 11- 18 -04; Ord. No. 30, 2008, § 1, 12- 44 -08) Sec. 78 -50. Miscellaneous review. (a) Nature of review. When a development order application is not consistent with any of the development review processes provided herein, the growth management director shall determine the specific nature of review. Supp. No. 23 CD78:43 § 78 -50 PALM BEACH GARDENS CODE (b) Signs. Sigh plans may be submitted separately from site plan applications. If submitted separately, a sign plan shall be subject to review by the planning, zoning, and appeals board prior to consideration by the city council. (Ord. No. 17- 2000, § 27, 7- 20 -00; Ord. No. 17- 2004, § 5, 6 -3 -04; Ord. No. 19, 2004, § 3, 11- 18 -04) Sec. 78 -51. Land development regulation text amendments. (a) Applications. Applications for an amendment to the text of the city's land development regulations shall be prepared in detailed narrative form, and shall include the information listed below. (1) Amendment requested. The specific text amendment that is requested, including language to be added and language to be deleted. (2) Reason for request. The reasons for requesting the amendment. (3) Supporting information. Any material or supporting documentation in support of the request for a text amendment. (Ord. No. 17- 2000, § 28, 7- 20 -00) Sec. 78 -52. Conditional uses. (a) Categories of conditional use review. The following categories of conditional use review are established: (1) Major conditional uses; and (2) Minor conditional uses. (b) Major conditional uses. Development order applications for major conditional uses shall be reviewed by staff and the development review committee. Following a public hearing, the planning, zoning, and appeals board shall make a recommendation of approval, approval with conditions, or denial to the city council. The city council shall hold a public hearing prior to approving, approving with conditions, or denying the major conditional use. (1) Reconsideration. Any major . conditional use which has been denied by the city council shall not be eligible for reconsideration for six months from the date the application was denied, unless there has been material change to the application as determined by the growth management director. (c) Minor conditional uses. Development orders for minor conditional uses shall be reviewed by staff and. the development review committee. The development review committee shall approve, with or without conditions, or deny the application. Following a decision by the development review committee, the growth management director shall issue a written order consistent with the decision of the development review committee. (1) Public notice. a. The applicant shall obtain from the Palm Beach County Property Appraiser's Office a certified property owners' list of all property owners within 500 feet of the site affected by the minor conditional use. The applicant shall be responsible for $upp. No. 23 CD78:44 r f' LAND DEVELOPMENT § 78 -52 composing and mailing or hand - delivering at least 15 days before the scheduled development review committee meeting the required public notices to the property owners affected by the minor conditional use. The applicant shall submit an affidavit to the growth management department director stating such notices were sent to all property owners within the designated area. b. The city clerk shall post a notice in a public place at the city hall complex at least 15 days before a scheduled development review committee giving the date and time of the meeting and the items to be considered. (2) Appeal procedure. Appeals from a decision by the development review committee shall be made through the growth management department to the planning, zoning, and appeals board within 30 calendar days of issuance of the written order. Appeals shall be scheduled for the nest available agenda of the planning, zoning, and appeals board within 30 days from date of receipt of the appeal. Appeals from a final decision of the board shall be made within 30 calendar days of such decision and shall be filed with the Circuit Court of the Fifteenth Judicial Circuit. (3) Reconsideration. Any minor conditional use which has been denied by the development review committee shall not be eligible for reconsideration for six months from the date the application was denied, unless there has been material change to the application as determined by the growth management director. (d) Criteria. In addition to the application requirements listed above, a development order application for a minor or major conditional use approval shall demonstrate compliance with the criteria listed below. (1) Comprehensive plan. The proposed use is consistent with the comprehensive plan. (2) Chapter requirements. The proposed use is consistent with all applicable require- ments of this chapter. (3) Standards. The proposed use is consistent with the standards for such use as provided in section 78 -159. (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: a. Providing for a safe and effective means of pedestrian access; b. Providing for a safe and effective means of vehicular ingress and egress; C. Providing for an adequate roadway system adjacent to and in front of the site; d. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and e. Providing adequate access for public safety purposes, including fire and police protection. Supp. No. 17 CD78:45 § 78 -52 PALM BEACH GARDENS CODE f4l, (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: a. Noise; b. Glare; C. Odor; d. Ground -, wall-, or roof- mounted mechanical equipment; e. Perimeter, interior, and security lighting; f. Signs; g. Waste disposal and recycling; h. Outdoor storage of merchandise and vehicles; i. Visual impact; and j. Hours of operation. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. (7) Dimensional standards. The proposed use meets or exceeds all dimensional require- ments required by the chapter. (8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development, (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the city. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, stormwater management, wildlife, vegetation, and wetlands. (e) Enforcement. In addition to the provisions of chapter 2 of the City Code., conditional uses are subject to the enforcement procedures listed below. (1) Revocation. The city council shall have the power to revoke major conditional uses for noncompliance with conditions of development approval. The growth management director shall have the power to revoke minor conditional uses for noncompliance with conditions of approval. 1 supp. No. 17 CD78:46 LAND DEVELOPMENT § 78 -52 (2) Removal. a. Mg1or conditional uses. The city council shall have the right to compel removal of offending structures or uses that are accessory to or part of the major conditional use at the cost of the violator and may record a lien against the property to recover its costs. b. Minor conditional uses. The growth management director shall have the right to compel removal of offending structures or uses that are accessory to or part of the minor conditional use at the cost of the violator and may record a lien against the property to recover its costs. (3) Inspections. The growth management department shall review and inspect all condi- tional uses to ensure compliance with conditions of approval. a. All minor conditional uses which fail to comply with any or all conditions of approval shall be reported to the growth management director. The report shall specify the manner in which the landowner is not complying. with one or more conditions of approval. The growth management director may: 1. Request timely compliance with the conditions of approval; 2. Direct initiation of code enforcement proceedings pursuant to article VII of this chapter; or 3. Initiate the legal action and procedures necessary to revoke the minor conditional use. b. All major conditional uses which fail to comply with any or all conditions of approval shall be reported in writing to the city council. The.report shall specify the manner in which the landowner is not complying with one or more conditions of approval. The city council, upon receipt of the written report, may: 1. Request timely compliance with the conditions of approval; 2. Direct initiation of code enforcement proceedings pursuant to article VII; or 3. Initiate procedures to revoke the major conditional use. If the city council initiates procedures to revoke the major conditional use, a hearing on the report shall be scheduled within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner. If the city council finds that the facts alleged in the report are true, and that the landowner has not taken the steps necessary to fully comply with the conditions between the date of the report and the date of the hearing, the city council may authorize the city manager to revoke the major conditional use. The city council also may authorize the city manager and take the necessary legal. action to terminate the major conditional use and all uses authorized by that approval. 8upp. No. 17 CD78:47 § 78 -52 PALM BEACH GARDENS CODE 0%. (f) Prior conditional uses. Any land use which was legally established prior to (date of adoption of this ordinance), and thereafter is classified by this chapter as a major or minor conditional use, will be considered a legal nonconforming use. (1) Amendments to prior conditional uses. Conditional use amendment applications shall be reviewed in the same manner as required by this section and as determined by the major or minor conditional use categories identified in section 78 -159, table 21, charter of uses. (Ord. No. 17 -2000, § 29, 7- 20 -00; Ord. No. 6, 2005, § 6, 5 -5 -05) Sec. 78.58. Variance requests. (a) Development order applications. Applications for a development order approval for a variance shall be submitted and reviewed as provided in division 1 of article III. (b) Public hearing. The planning, zoning, and appeals board (PZAB) shall conduct a public hearing to review the application. As a basis for approval, the board must determine the application is consistent with the criteria listed below. (1) Special conditions. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. (2) Hardship. The special conditions and circumstances truly represent a hardship, and are not created by any actions of the applicant. (S) Literal interpretation. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. (4) Special privileges. The grant of a variance will not confer upon the applicant any special privilege denied to any other owner of land, buildings, or structures located in the same zoning district. (5) Minimum variance. The variance granted is the minimum variance that will make possible the use of the land, building, or structure. (6) Purpose and intent. The grant of the variance will be in harmony with the general intent and purpose of this chapter and land development regulations. (7) Financial hardship. Financial hardship is not to be considered as sufficient evidence of a hardship in granting a variance. (8) Public welfare. The grant of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Supp. No. 17 CD78:48 1 ORDINANCE 8, 2010 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND 6 DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78- 1590)(71) AND 7 AMENDING TABLE 21: PERMITTED, CONDITIONAL AND PROHIBITED 8 USE CHART IN ORDER TO CREATE A COMMUNITY GARDENS USE 9 AND ADOPT REGULATIONS PERTAINING TO COMMUNITY GARDENS; 10 PROVIDING THAT EACH AND EVERY OTHER SECTION AND 11 SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL 12 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; 13 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 14 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR 15 OTHER PURPOSES. 16 17 18 WHEREAS, the City Council of the City of Palm Beach Gardens has determined that 19 the existing Code of Ordinances does not contain regulations pertaining to community 20 gardens; and 21 22 WHEREAS, this Ordinance was reviewed by the Planning, Zoning, and Appeals 23 Board, sitting as the Local Planning Agency, at a public hearing on May 11, 2010, and the 24 Board recommended denial by a vote of 7 to 0; and 25 26 WHEREAS, the City Council deems approval of this Ordinance to be in the best 27 interests of the health, safety, and welfare of the residents and citizens of the City of Palm 28 Beach Gardens and the public at large. 29 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 32 PALM BEACH GARDENS, FLORIDA that: 33 34 SECTION 1. Chapter 78. Land Development. of the Code of Ordinances of the City of 35 Palm Beach Gardens, Florida is hereby amended by adopting new subsection 78- 1590)(71) 36 and amending Table 21: Permitted, Conditional and Prohibited Use Chart to establish 37 "Community Garden" as a minor conditional use and regulations for same; providing that 38 Section 78 -159 shall hereafter read as follows: 39 40 Sec. 78 -159. Permitted uses, minor and major conditional uses, and prohibited 41 uses. 42 43 (a) — (i) (These subsections shall remain in full force and effect as previously enacted.) 44 45 46 47 48 49 Page 1 of 6 Ordinance 8, 2010 1 Sec. 78 -159. Table 21. Permitted uses, minor and major conditional uses, and 2 prohibited uses. 3 4 (Please note that P= Permitted Use, C = Minor Conditional Use, C* = Major Conditional 5 Use, Blank = Prohibited) 6 CATEGORY118E I RE I RR10 I R120 I R11 R12 1 1113 1 RM I RH I RMH PO I CN I C131 I CG2 CR I M1 I M1A M2 P &I CONS PDA Note * ** (The previous rows of Table 21 have been omitted for brevity.) * ** RESOURCES PRODUCTION AND EXTRACTION Agriculture C* 65 Excavation and Fill, and Borrow Pit Operations C* C* 66 OTHER Accessory Uses P P P P P P P P P P P P P P P P P P P Mobile Home, Temporary C C C C C C C C C C 67 Recreation, Accessory C C C C C C C C 68 Satellite Dishes, Accessory P P P P P P P P P P P P P P P P P P 69 Trailers, Construction P P P P P P P P P P P P P P P P P P P 70 Trailers, Sales P P P P P P P P P P P P P P P P P P 70 Community Gardens C C C C C C C C C C C C C C C C C C C 71 7 8 (j) Additional Standards. The following standards apply to specific uses as 9 indicated in the "Note" column of Table 21. 10 11 (1)—(70) (These subsections shall remain in full force and effect as previously 12 enacted.) 13 14 71 Community- Gardens. A community- arden is a use that is divided into multiple 15 plots for crop cultivation by multiple individual parties. Community gardens shall be 16 limited to to the cultivation of fruits, vegetables, non - nuisance native plants, flowers, or 17 herbs for personal use only. 18 a. Applicability. This section shall apply to community gardens. Community 19 gardens may be located on vacant property or on property with a valid 20 development order approval. Community gardens may be located within the 21 PGA Boulevard Overlay or Northlake Boulevard Overlay Zone (NBOZ). This 22 section shall not apply to single - familv residential dwelling units. 23 Page 2 of 6 Ordinance 8, 2010 1 b. Purpose and intent. The purpose and intent of this section is to establish 2 appropriate standards for the regulation of community gardens, with emphasis on 3 mitigating associated negative impacts on adjacent property owners. 4 5 c. Definition. Community garden is a conditional use that is intended to be 6 temporary on property in order to allow multiple parties to en-ga-ge in horticultural 7 activities for their personal consumption or eniovment, for the consumption or 8 eniovment of friends and relatives, and /or donation to a not - for - profit 9 organization. A community gardens shall comply with this section and the 10 development standards of the zoning district in which it is located. 11 12 d. Genera! requirements. All community gardens shall comply with the 13 standards listed below: 14 15 1. Community gardens shall not exceed one (1) acre in size. The use of 16 previously- cleared land is encouraged. 17 18 2. The property shall be maintained in an orderly and neat condition 19 consistent with the City's property maintenance standards. Tools and 20 supplies shall be stored indoors or removed from the property daily. 21 22 3. No horticultural activities shall be conducted prior to sunrise or after 23 sunset. The use of hand tools and domestic -gardening tools is encouraged. 24 The use of gas powered equipment greater than ten - horsepower is 25 prohibited in community gardens. 26 27 4. A community garden is not a commercial use or enterprise. 28 Commercial or "for profit" horticultural activities are not permitted in a 29 community garden. The produce grown in a community garden shall not be 30 sold at wholesale or retail, on or off of the premises. 31 32 5. No buildings or structures shall be permitted on the community garden 33 premises except sheds used for the storage of tools and equipment. Such 34 sheds shall be limited in size to 100 square feet and shall have no 35 dimension that exceeds 10 feet. Additionally, such sheds must comply with 36 all required setbacks for structures for the zoning district in which the 37 community garden is located. Benches, bike racks, raised /accessible 38 planting beds, compost or waste bins, picnic tables, birdhouses. butterfly 39 gardens, fences, and rain barrel systems may be permitted as part of the 40 conditional use approval process. The combined area of all buildings or 41 structures shall not exceed two percent (2 %) of the garden site lot area. 42 43 6. All fencing shall comply with the requirements contained within Section 44 78 -186. The boundaries of all community gardens must be properly 45 identified such that thev are clear and unambiguous. M Page 3 of 6 Ordinance 8, 2010 1 7. The boundary of a community garden shall be no less than fifteen (15) 2 from any portion of a designated landscape buffer. Additionally, the 3 boundary of a community garden shall be no less than ten (10) feet from the 4 side or rear property line and no less than fifteen (15) feet from the front 5 property line. All plantings shall comply with sight visibility triangle 6 regulations, as set forth in the land development regulations. 7 8 8. Refuse storage areas shall be provided and screened to enclose all 9 refuse generated from the garden. Refuse shall be removed from the site at 10 least once per week. 11 12 9. The site shall be designed and maintained so that water and fertilizer 13 will not drain onto adjacent property. 14 15 10. The applicant shall execute and file with the City a hold harmless 16 and /or indemnification agreement in favor of the City. This agreement shall 17 be reviewed and approved by the City Attorney prior to execution by the 18 applicant. 19 20 e. Time limitations. 21 22 1. Community garden uses shall be initiated and placed in continuous 23 use within six (6) months of approval or as otherwise provided for in the 24 development order approving such use. Community garden uses shall not 25 supersede any valid development approvals issued by the City. 26 27 2. Upon issuance of an infrastructure permit that conflicts with the 28 continued use and existence of an approved community garden, such 29 community garden shall immediately cease operation and that community 30 garden's conditional use approval shall automatically become null and void. 31 32 3. Each year within thirty (30) days of the anniversary of the original date 33 upon which the community garden was approved the applicant, property 34 owner, successor, or assigns shall provide written notice of his or her intent 35 and desire to continue the use for an additional year. Approval of such 36 continuation shall not be unreasonably withheld. Failure to timely provide 37 such written notice to the growth management director shall automatically 38 render the subiect conditional use approval null and void. {i,, 40 4. The City may revoke any community garden's approval and require it 41 to cease operation if code enforcement action, of any nature, is initiated in 42 order to enforce the City's code requirements. Furthermore, the City 43 specifically reserves the right to pursue any and all available legal remedies 44 should the community garden fail to comply with any applicable law. In the 45 event a community garden ceases to operate for a period of more than 46 three (3) months, the use shall be considered abandoned and the property Page 4 of 6 Ordinance 8, 2010 1 owner shall be required to restore and maintain the property in accordance 2 with the city codes. 3 4 5 SECTION 2. All ordinances or parts of ordinances in conflict be and the same are 6 hereby repealed. 7 8 SECTION 3. Should any section or provision of this Ordinance or any portion 9 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 10 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 11 12 SECTION 4. Specific authority is hereby given to codify this Ordinance 13 14 SECTION 5. This Ordinance shall become effective immediately upon adoption. 15 16 17 18 (The remainder of this page intentionally left blank) 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 5of6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 8, 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 FOR AGAINST ABSENT BY: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Jody Barnett, Councilmember ATTEST: M Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney G:\attorney_ share \ORDINANCES\2010 \ordinance 8 2010 - community garden use- RML.doc Page 6 of 6 'p, From nl CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 20, 2010 PUDA- 09 -11- 000023 Ordinance 10, 2010 Resolution 22, 2010 UBJECT /AGENDA ITEM Ordinance 10, 2010 and Resolution 22, 2010: St. Mark's Episcopal Church and School Planned Unit Development (PUD) Amendment First Reading: A request from St. Mark's Episcopal Church and School, to approve an amendment to the St. Mark's PUD allowing for improvements to the existing church and school facilities. The proposed amendment includes an overall expansion of 44,593 square feet. No additional students or church seats are proposed. The subject site is located on the northeast and northwest corners of the intersection of Burns Road and Gardens East Drive. [X] Recommendation to APPROVE with 3 waivers [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: CITY COUNCIL: City Att Growth Management: [ ] Rec. Approval V_ Finance [ ] Rec. Approval with R. Vaixllihm an, Esq. Project Administrator: Conditions Manager [ ] Rec. Denial Kate Wilson, Planner N/A [ ] Continued to: Develo ment Compliance: Allan Owens reh K. Wolfs, AICP [X] Quasi — Judicial [ ] Legislative Accountant: Interim Growth Manag men 'Administrator: [X] Public Hearing Advertised: Attachments: Sarah Varga Date: May 5, 2010 :• Location Map e Natali Wong, AICP Paper: Palm Beach Post [X] Required Fees Paid: [X] Yes •:• Colored Elevations •;. Traffic Management and Vehicular Circulation Approved By: City Ma ger [ ] Not Required Summary Budget Acct. #: •:• Ordinance 10, 2010 N/A :• Resolution 22, 2010 Affected Parties: •:• Reduced Plans Ron2dd M erris [X] Notified [ ] Not Required Meeting Date: May 20, 2010 Ordinance 10, 2010 and Resolution 22, 2010 Page 2 of 8 BACKGROUND The subject site is divided by Gardens East Drive (a public right -of -way) into two (2) parcels. The east parcel is approximately 4.9 acres, and the west parcel is approximately 6.1 acres. The east parcel currently includes all of the church facilities and school buildings. The west parcel contains two (2) recreational fields and a small accessory structure. The earliest aerial photograph showing the original church structure is dated 1976. At that time, the church site only included the east parcel. The first documented site plan approval for the site was submitted in 1991 for approval of a columbarium (structure used for the inurnment of cremated human remains) as an accessory use. The request was approved by Resolution 101, 1991. Resolution 21, 1992, approved an outdoor pavilion structure on the east parcel. Approval of the resolution was subject to the Church submitting a master plan for the subject property, which at that time only included the east parcel. On March 18, 1993, a conceptual master site plan for the site was approved by Resolution 27, 1993. Resolution 71, 1993, authorized the temporary use of a classroom trailer on the St. Mark's parcel. The temporary trailer was removed during the 2000 -2001 school year. Resolution 95, 1994, approved a number of variances associated with landscaping requirements on site. Resolution 119, 1994, approved an amendment to the St. Mark's site plan to add a 13,775- square -foot classroom /media center building. Ordinance 24, 1999, approved the rezoning of the west parcel to a Planned Unit Development (PUD) to be added to the overall site plan for St. Mark's. The ordinance also approved the construction of recreational fields, courts, and an accessory structure to be located on the west parcel. Ordinance 32, 2000, approved the expansion of the PUD allowing a 14,000- square -foot school building, and a 945 - square -foot addition to the church facility. LAND USE & ZONING The subject site has a zoning designation of Planned Unit Development (PUD) with an underlying zoning of Residential Medium (RM) on the western parcel, and Residential Low (RL -3) on the eastern parcel. The western parcel has a future land use designation of Residential Medium (RM) and the eastern parcel has a Residential Low (RL) designation. Meeting Date: May 20, 2010 Ordinance 10, 2010 and Resolution 22, 2010 Page 3 of 8 Table 1. Surrounding Zoning & Land Use Designations ZONING EXISTING USE Subiect Property PUD /RM (west parcel), RM (west parcel), St. Mark's PUD PUD /RL -3 (east parcel) RL (east parcel) North The Oaks PUD /RM RL Oaks Park RM ROS South Gardens East Apartments PCD RM Cedar Gardens Office PO PO PBG Medical Center PUD /PO P East Plaza North Medical Centre PO PO West Catalina Lakes PUD /RM RM CONCURRENCY The subject petition does not propose an increase in either the number of students or the number of seats in the church. The total number of students or church seats will not exceed the 570 and 380 maximum thresholds, respectively. The requested expansion is intended to serve only the existing students and church members. Conditions of approval have been placed in the Resolution which are intended to further monitor the church and school's compliance with the approved number of seats and students permitted. On February 16, 2010, Pinder Troutman Consulting, Inc. (PTC) submitted a letter to the City certifying that the proposed project meets the Traffic Performance Standards of Palm Beach County and the City of Palm Beach Gardens. Additionally, letters have been received from Seacoast Utility Authority and Waste Management indicating that sufficient water, sewer, and solid waste capacity exist to service the addition. PROJECT DETAILS Site Details and Access The St. Mark's PUD is located at the northeast and northwest corners of the intersection of Burns Road and Gardens East Drive, and encompasses approximately 11 acres. Gardens East Drive bisects the PUD creating two (2) separate parcels. The east and west parcels are approximately 4.9 acres and 6.1 acres, respectively. The subject site has existing access from Burns Road and Gardens East Drive (see attached Location Map). Meeting Date: May 20, 2010 Ordinance 10, 2010 and Resolution 22, 2010 Page 4 of 8 Proposed Improvements The Applicant is requesting to add a total of 44,593 square feet to the existing church and school facilities (see Table 2 below). The existing church will be expanded by 6,317 square feet, and a 1,301- square -foot chapel will be constructed on the west side of the memorial garden. The expansion to both the church and school is meant to provide improved facilities for the existing number of parishioners and students. In no way will the approved number of students or seats be expanded through this request. A new administration building, auditorium, and gymnasium are also proposed. The new administration building will be 13,850 square feet, and will encompass existing Buildings 2 and 3. The new auditorium will be 26,450 square feet, and will encompass existing Buildings 6 and 7. Both buildings will be located on the eastern parcel. The new gymnasium will be 24,374 square feet, and be centrally located on the western parcel. The existing recreation fields will remain. Classrooms 500 East and West, 600, and 700 will remain in their current state. Table 2. Proposed Improvements PROPOSED BUILDING EXISTING SIF Church 9,039 15,356 Chapel - 1,301 Administration (Old Bldg. 2 and 3) 7,521 13,850 Auditorium (Old Bldg. 6 and 7) 13,854 26,450 500 West — Classroom (Old Bldg. 4) 6,659 6,659 500 East — Classroom (Old Bldg. 5) 6,705 6,705 600 — Classroom (Old Bldg. 8) 13,947 13,947 700 — Classroom (Old Bldg. 9) 13,922 13,922 Gymnasium (with outdoor pavilion) 6,324 24,374 Tota 1 77,971 122,564 Architectural Improvements The Applicant is proposing to design the new buildings in a Modern architectural style. The improvements possess a simplistic form and emphasize mostly horizontal and vertical lines; however, both hipped and gabled roofs are incorporated into the design. The design mimics that of the existing sanctuary building. The sanctuary expansion, chapel addition, and proposed gymnasium are all one (1) story tall, and both the administration building and auditorium are two (2) stories in height. The proposed building heights are within the allowable height of the underlying zoning districts. All of the proposed improvements have a white fagade with wood - colored asphalt shingles. The gymnasium includes a tan border around the bottom portion of the building (see attached Color Elevations). Meeting Date: May 20, 2010 Ordinance 10, 2010 and Resolution 22, 2010 Page 5 of 8 Parking The Applicant is proposing to implement a shared parking analysis to provide fewer parking spaces than required, which is permitted by the LDRs under Section 78 -346, Table 33, Required Off - Street Parking. The parking analysis demonstrates that the school and church uses function independently, and experience peak demands at different times, therefore allowing the parking areas on site to be used to satisfy the requirements of both uses. The school operates with classes occurring during daytime hours on a Monday through Friday schedule. School events are not regularly held on the weekends. In contrast, the church sees its highest peak time use on the weekends. The church office is the only aspect of the church use that operates during the weekday. The study was conducted using the traffic generations of each respective use. Per the shared parking analysis provided by the Applicant, the uses on site require 128 parking spaces during the week (Monday to Friday), and 147 parking spaces on the weekends (Saturday and Sunday). The Applicant has provided 149 parking spaces on site (see attached Shared Parking Analysis). In addition to the parking study, the school also maintains a Traffic Management and Vehicular Circulation Plan per conditions of approval in Ordinance 32, 2000. The plan designates all parking /vehicular queuing areas on site for specific traffic purposes. For example, Area 1 (west parcel parking lot) is a designated parking area for teachers and staff. Areas 2 and 3 (east parcel parking lots) are for pick -up and drop -off activity. The school staggers both activities by assigning each student a designated arrival /dismissal time, which limits queuing and increases efficiency. The plan has been updated to address the additional impacts from the proposed project (see attached Traffic Management and Vehicular Circulation Plan). Signage No signage is being proposed with this petition. Landscaping /Buffering The 11 -acre parcel consists of 59 percent open space; 35 percent is required. All of the proposed landscaping material is consistent with the existing pallet. The site continues to utilize a previously- approved variance, per Resolution 95, 1994, which permits them to exceed the 40 percent maximum for sod; however, the deviation is being reduced with the subject petition (see attached Sheet LP -0). The Applicant is requesting two (2) waivers with regard to landscaping requirements. The parking area on the east side of the east parcel is being reconfigured to enhance the vehicular traffic flow through the site. The proposed parking area does not provide the required landscape island every nine (9) parking spaces. This condition exists in all the parking areas on site. Additionally, due to the configuration of the new school buildings on the east parcel, foundation plantings have not been provided (see Waiver section). Meeting Date: May 20, 2010 Ordinance 10, 2010 and Resolution 22, 2010 Page 6 of 8 Crime Prevention throuqh Environmental Design ( CPTED) The proposed improvements have been reviewed by the City's Police Department for compliance with CPTED principles. Elements of CPTED consideration include landscaping, concealment, fencing, entry points, way finding, perimeter planning, unsafe areas, shared spaces, after - hours - operations, and other area - specific concerns. Many of these principles have been taken into consideration with the St. Mark's site. For example, landscaping has been minimized throughout the interior walkway spaces on site. The foundation landscaping between the new buildings has been removed in certain areas, which minimizes areas of cover and maximizes areas of observation. Additionally, the Applicant is proposing to install L.E.D. lighting throughout the improvement areas. This standard of lighting will maximize safety on the site, and allow for more accurate night vision. The City's Police Department also reviewed safety concerns related to the crosswalk on Gardens East Drive that is used by the school to get from the east parcel to the west parcel and vice versa. The crosswalk is an existing feature on the site, and is located over 200 feet north of Burns Road. The crosswalk has been utilized by the school for several years. In the mornings and afternoons, the crosswalk is used strictly by the teachers and faculty members who park in the western parking lot. Throughout the day, however, the students are transported between the parcels by bus. The school has been utilizing the bus concept for numerous years to ensure the safety of the students. The proposed expansion will not modify these existing procedures. Phasing The improvements will be completed in one (1) phase. Drainage The St. Mark's campus is bisected by Gardens East Drive creating two (2) separate stormwater management systems, the west system (west of Gardens East Drive) and the east system (east of Gardens East Drive). The subject project proposes to modify both the east and west systems to support the additional facilities. The east campus system will be modified to direct runoff from the proposed administration building and chapel to the western control structure (CS -1) for controlled discharge to the off -site ditch. Two (2) existing classroom buildings will also continue to be served by this control structure, and two (2) existing buildings which previously drained to CS -1 will be demolished. The overall area draining to the CS -1 will be reduced from 3.03 acres (pre - development) to 2.19 acres (post - development) resulting in a net decrease in discharge rate during the 25 year / 3 -day storm event. (The remainder of this page left intentionally blank.) Meeting Date: May 20, 2010 Ordinance 10, 2010 and Resolution 22, 2010 Page 7 of 8 Waiver Requests The Applicant is requesting three (3) waivers with this petition: 1) The Applicant is requesting a waiver from City Code Section 78- 315(b), Landscape Islands, to exceed the nine (9) parking space requirement. Based on the existing site conditions and the proposed improvement, staff supports this waiver request. The proposed site exceeds the required open space by almost 25 percent; therefore, the lack of landscape islands will not cause the Applicant to be deficient in its open space requirement. On the contrary, since the Applicant has already exceeded its open space requirement, adding landscape islands would only further exaggerate the surplus. Additionally, the reconfiguration of the parking area will greatly enhance the traffic flow, and increase the amount of queuing space available during drop - off /pick -up hours. This will further ensure that vehicles do not queue onto any arterial road. The requested waiver is specifically related to the reconfigured parking area, and does not apply to the conditions of the other parking areas on site. 2) The Applicant is requesting a waiver from City Code Section 78- 344(1), Parking Stall width, to allow nine (9) foot wide parking spaces in the reconfigured parking area. Based on the additional open space proposed by the Applicant, staff supports this waiver request. Section 78- 345(1)(2) of the Code requires additional open space to be provided at a ratio of 1.5 square feet for each additional square foot of paved parking area when reduced parking space dimensions are proposed. The Applicant has demonstrated that it meets the criteria, not only for the subject parking area, but for all of the reduced spaces on site. However, the requested waiver is specifically for the reconfigured parking area. 3) The Applicant is requesting a waiver from City Code Section 78 -320, Foundation Plantings, to not plant the required material at the foundations of the proposed buildings. The subject request is specifically related to the church addition, chapel, Code Section Requirement Proposal Waiver Staff Support & Discussion 1 78- 315(b) 1 landscape island Not met (Limited to proposed Only in Approval every 9 parking spaces improvements) limited area 2 78- 344(1) Parking stall width a minimum of 10 feet 9 -foot width 1 -foot Approval Foundation plantings Not met (Limited 3 78 -320 for Administration to proposed Only in Approval building, Auditorium, improvements) limited area and Church 1) The Applicant is requesting a waiver from City Code Section 78- 315(b), Landscape Islands, to exceed the nine (9) parking space requirement. Based on the existing site conditions and the proposed improvement, staff supports this waiver request. The proposed site exceeds the required open space by almost 25 percent; therefore, the lack of landscape islands will not cause the Applicant to be deficient in its open space requirement. On the contrary, since the Applicant has already exceeded its open space requirement, adding landscape islands would only further exaggerate the surplus. Additionally, the reconfiguration of the parking area will greatly enhance the traffic flow, and increase the amount of queuing space available during drop - off /pick -up hours. This will further ensure that vehicles do not queue onto any arterial road. The requested waiver is specifically related to the reconfigured parking area, and does not apply to the conditions of the other parking areas on site. 2) The Applicant is requesting a waiver from City Code Section 78- 344(1), Parking Stall width, to allow nine (9) foot wide parking spaces in the reconfigured parking area. Based on the additional open space proposed by the Applicant, staff supports this waiver request. Section 78- 345(1)(2) of the Code requires additional open space to be provided at a ratio of 1.5 square feet for each additional square foot of paved parking area when reduced parking space dimensions are proposed. The Applicant has demonstrated that it meets the criteria, not only for the subject parking area, but for all of the reduced spaces on site. However, the requested waiver is specifically for the reconfigured parking area. 3) The Applicant is requesting a waiver from City Code Section 78 -320, Foundation Plantings, to not plant the required material at the foundations of the proposed buildings. The subject request is specifically related to the church addition, chapel, Meeting Date: May 20, 2010 Ordinance 10, 2010 and Resolution 22, 2010 Page 8 of 8 administration building, and auditorium. The Applicant has provided the required foundation planting for the proposed gymnasium. The site configuration and building locations do not allow for sufficient planting to be installed. Between the buildings are walkways that provide a means for the students to travel among the various classrooms. Adding plant material in these areas would decrease the walkable space, which would not be conducive to the school's operations. In addition, eliminating plant material in these small areas allows the walkways to remain open and unobstructed, which is consistent with CPTED principles (see CPTED section). COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC On December 2, 2009, the subject petition was reviewed by the DRC committee. To date, no objections have been received. Since then, staff has been working with the Applicant to address comments related to the project through the review process. During this time, the Applicant has held independent meetings with the surrounding residents to discuss any concerns or issues that may exist. The Applicant held a kick -off meeting with residents of the surrounding community on October 6, 2009. A follow -up letter was sent on March 8, 2010, to inform the residents about the approval process. PLANNING, ZONING, and APPEALS BOARD (PZAB) On April 13, 2010, the subject petition was reviewed by the PZAB. The board recommended approval to the City Council with a 7 -0 vote. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 10, 2010 and Resolution 22, 2010 on first reading. LOCATION MAP St. Mark's Episcopal Church and School ONE Uzz III �me: MEN 1 SEE ■ECN ME .►MA _- I t /ffol Omni nuns If EL I I on F b o m O = _ } U N Z V a 1 1.6• 77. �w IL St. Mark's Episcopal School School Traffic Management and Vehicle Circulation Summary INTRODUCTION St. Mark's Episcopal School has been in operation since 1979. The most recent expansion of the school facility occurred in 2000 when the maximum school enrollment was increased from 490 students to 570 students. The site also contains a church which seats 380 parishioners, although the church use is not concurrent with the school use on site. The current proposed site modification includes the addition of ancillary facilities on site, but the student enrollment will not increase. CURRENT CONDITIONS OF APPROVAL The Ordinance previously approving the conditions of approval for the the St. Mark's Episcopal Church and School was Ordinance 32, 2000. That ordinance included three conditions that specifically related to vehicular operations at the school site: 6. Prior to issuance of the final certificate of occupancy, "No Parking" signs shall be placed in the swale area along Gardens East Drive. (Planning & Zoning) 7. The applicant, successors or assigns shall further stagger their drop -off /pick -ups if requested by the City. (Planning & Zoning) 8. The applicant, successors or assigns shall provide, at their expense, police officers to direct traffic circulation on and immediately off -site, during the hours students are dropped -off and picked up from school. This condition may be temporarily suspended by the City Council in its discretion, and without necessitating an amendment of this development order, if the Council determines that this requirement is not warranted. (Planning & Zoning) "No Parking" signs were installed in the swale along Gardens East Drive and the school has staggered drop -off and pick -up activity; therefore complying with conditions 6 and 7. Because of the staggered pick -up and drop -off activity and implementation of the traffic management plan on site, the school has not needed to provide off -duty police officers at the site. However, the school is not seeking the deletion of this condition and, would retain off -duty police officers to direct traffic, should conditions warrant this measure. OPERATIONAL. PLAN CITY OF P&M BCH Oft The site includes three parking/vehicular queuing areas: 1. Robb Field parking lot, west of Gardens East Boulevard (parking only) 2. Parking field on west side of main campus (parking and pick -up /drop -off) %NING 3. Parking field on east side of main campus (parking and pick -up /drop -off) 8( Figure 1 attached highlights the three parking /vehicular queuing areas listed above. Area 1(Robb Field parking lot) is used for parking for teachers and staff which serves to reduce the overall number of parked vehicles around the buildings on the main campus. In Areas 2 and 3, a series of guidelines have been established for pick -up and drop -off activity. The school utilizes a numbering system and assigns numbers to parent vehicles that pick up and drop off January 2010 KHA# 144223001 St. Mark's Episcopal School — School Traffic Management and Vehicle Circulation Summary (cont'd) students. Based upon the number assigned, parents are assigned to one of several defined time windows during the arrival and dismissal periods. This serves to stagger the arrival and dismissal demand and results in a reduced number of vehicles on site at any given time during arrival and dismissal operations. Additionally, to help the on site vehicular operations during this time to occur efficiently, teachers and staff members at the school are posted in Areas 2 and 3 on site (east and west pick -up /drop -off areas adjacent to the main school campus) to help provide guidance for parent and visitor vehicles. The school may modify specific aspects of the operations from time to time as needed in an effort to maximize on -site efficiency and balance student arrival and departure times. Furthermore, prior to the start of the school year, the school sends out information and specific vehicular operational plans /instructions to provide detailed guidelines and information to parents and visitors. This material is part of the annual parent /student /new teacher orientation and allows families to familiarize themselves with the required procedures before classes begin for the year. DESIGN CONSIDERATIONS The site has two pick -up /drop -off areas along with a separate parking area, which is beneficial in helping to distribute the demand and use on site as opposed to having all operations concentrated in one area. On the west side of the school, vehicles enter the site through a one -way inbound driveway at the south end of the site. This side of the building has a covered drop -off area approximately 120 feet in length, which can accommodate pick -up and drop -off for approximately 6 vehicles. Queuing storage is also provided for vehicles prior to the actual pick -up /drop off area in order to stage vehicles within the site in order to avoid impeding traffic on Gardens East Boulevard. Within the drop- off /pick -up area, the pavement allows for vehicle "bypass ", which enhances efficiency by allowing vehicles to proceed, without interfering with the pedestrian flow, once they have completed pick -up of a student even if the vehicle in front has not yet picked up a student. Vehicles then proceed to the right -out driveway on Gardens East Drive. The separation of inbound and outbound movements helps reduce vehicular conflict and therefore enhances the effectiveness of on -site operations. The layout of the west side is not proposed to change substantially from its current configuration. On the east side of the site, the vehicular pick -up /drop -off loop is proposed to be modified from its current configuration. Vehicles enter this area via the two -way driveway on Burns Road and are stacked in tandem in a queuing area prior to the pick -up /drop -off area. The covered pick -up /drop -off area is approximately 120 feet in length, which can accommodate pick -up and drop -off for approximately 6 vehicles. The width of pavement in the pick -up /drop -off circle allows for vehicle "bypass ", which enhances efficiency by allowing vehicles to proceed, without interfering with the pedestrian flow, once they have completed pick -up of a student even if the vehicle in front has not yet picked up a student. Vehicles then proceed to exit the site via the two -way driveway on Burns Road. Because the two pick -up drop -off loops are accessed from different roadways, the traffic is better able to disperse on the surrounding roadway network as there is less interaction between the site driveways than if they were located along the same roadway. January 2010 KHA# 144223001 St. Mark's Episcopal School — School Traffic Management and Vehicle Circulation Summary (cont'd) MONITORING As noted in the discussion, the operational plan is updated regularly. Faculty and staff from St. Mark's are stationed throughout the site to facilitate with the pick -up and drop -off activity for students on site. They are also able to react to any circumstances that might result in vehicular back -ups on site on any given day and make modifications, if needed, to address any specific situations that arise. The faculty and staff are aware of the need to prevent vehicle queues on site from spilling onto Gardens East Drive and /or Burns Road and can react to conditions on site to direct vehicles in order to prevent that from occurring. Additionally, parents and students are educated and active in the implementation of the system. Lastly, pursuant to development order condition #8, the school would retain off -duty police officers to direct traffic, should conditions warrant this measure. January 2010 KHA# 144223001 A C) E C) ia ft -cp ITI !� i 1 11 11 ; ; I3}' :. , I ? - — -------- - Off, I- 1h, p I uj iii it ot- 141 ji 3. 4111 Al I I I • i. MISS CL 0 0 t4l 1112:111 CL m A C) E C) ia ft -cp ITI !� i 1 11 11 ; ; I3}' :. , I ? - — -------- - Off, I- 1h, p I uj iii it ot- 141 ji 3. 4111 Al I I I • i. CL 0 0 t4l M CL m .0 .0 4A LA m 0 all AMORY m m t4l M CL m .0 .0 4A LA m m m ... �. , ; . 0 • • u LA V) C: LL V) U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE 10, 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA PROVIDING FOR THE EXPANSION OF ST. MARK'S EPISCOPAL CHURCH AND SCHOOL, LOCATED AT THE CORNER OF GARDENS EAST DRIVE AND BURNS ROAD AND HAVING A STREET ADDRESS OF 3395 BURNS ROAD; AMENDING ORDINANCE 24, 1999 AND ORDINANCE 32, 2000, WHICH APPROVED AND AMENDED, RESPECTIVELY, THE ST. MARK'S EPISCOPAL CHURCH AND SCHOOL PUD, IN ORDER TO TRANSFER AND AMEND THE SITE PLAN APPROVAL AND RELATED CONDITIONS OF APPROVAL TO A SEPARATE RESOLUTION; PROVIDING THAT FUTURE AMENDMENTS TO THE SITE PLAN AND CONDITIONS OF APPROVAL FOR THE PUD MAY BE MADE BY RESOLUTION OF THE CITY COUNCIL; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, in September 1991, the City Council adopted Resolution 101, 1991, approving the use of a columbarium as an accessory use to the church; and WHEREAS, in March 1992, the City Council adopted Resolution 21, 1992, amending the site plan of the church to allow a pavilion to be built; and WHEREAS, in March 1993, the City Council adopted Resolution 27, 1993, approving a conceptual master site plan of St. Mark's Episcopal Church and School; and WHEREAS, in July 1993, the City Council adopted Resolution 71, 1993, approving a temporary conditional use of a trailer as a classroom; and WHEREAS, in July 1994, the City Council adopted Resolution 95, 1994, approving six (6) variances to landscape requirements; and WHEREAS, in September 1994, the approving an amendment to the St. Mark's foot classroom /media center building; and City Council adopted Resolution 119, 1994, conditional use to permit a 13,775 - square- WHEREAS, in June 1999, the City Council adopted Ordinance 24, 1999, approving the rezoning of the western 6.1 -acre parcel to Planned Unit Development (PUD); and Page 1 of 4 Ordinance 10, 2010 1 WHEREAS, in January 2000, the City Council adopted Ordinance 32, 2000, 2 approving the rezoning of the eastern 4.87 -acre parcel to Planned Unit Development 3 (PUD), the construction of a 14,000- square -foot school building, and a 945 - square -foot 4 church addition; and 5 6 WHEREAS, the City has received a request (PUDA- 09 -11- 000023) from St. 7 Mark's Episcopal Church and School for approval of an amendment to the previous 8 approvals in order to allow an overall addition of 44,593 square feet to the existing 9 church and school facilities; and 10 11 WHEREAS, the Growth Management Department has reviewed the application 12 and has determined that it is more appropriate that the concurrent master site plan 13 approval and the conditions related thereto be approved via a separate Resolution of 14 the City Council (Resolution 22, 2010); and 15 16 WHEREAS, on April 13, 2010, the City's Planning, Zoning, and Appeals Board 17 reviewed the application and recommended that it be approved subject to the conditions 18 stated herein with a vote of 7 -0; and 19 20 WHEREAS, the City Council, as the governing body of the City of Palm Beach 21 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 22 Statutes, and the City's Land Development Regulations, is authorized and empowered 23 to consider petitions related to zoning and land development orders; and 24 25 WHEREAS, the City Council has considered the evidence and testimony 26 presented by the Applicant and other interested parties and the recommendations of the 27 various City of Palm Beach Gardens review agencies and staff; and 28 29 WHEREAS, the City Council deems approval of this Ordinance to be in the best 30 interests of the health, safety, and welfare of the residents and citizens of the City of 31 Palm Beach Gardens and the public at large. 32 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 35 OF PALM BEACH GARDENS, FLORIDA that: 36 37 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 38 39 LEGAL DESCRIPTION: 40 41 A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 7, 42 TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM 43 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 90, PAGES 92 AND 93 OF 44 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 45 46 CONTAINING 10.97 ACRES, MORE OR LESS. Page 2of4 Ordinance 10, 2010 1 SECTION 2. Any and all future amendments to the St. Mark's PUD development 2 plans, Conditional Use, and conditions of approval shall be approved by Resolution, 3 except as otherwise provided in the Palm Beach Gardens Code of Ordinances. 4 5 SECTION 3. All ordinances or parts of ordinances in conflict be and the same 6 are hereby repealed. 7 8 SECTION 4. Should any section or provision of this Ordinance or any portion 9 thereof, any paragraph, sentence, or word be declared by a Court of competent 10 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 11 this Ordinance. 12 13 SECTION 5. Specific authority is hereby granted to codify this Ordinance. 14 15 SECTION 6. This Ordinance shall become effective immediately upon adoption. 16 17 18 (The remainder of this page intentionally left blank) 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 10, 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 Jablin, Councilmember Jody Barnett, Councilmember ATTEST: AM Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M. R. Max Lohman, City Attorney FOR AGAINST ABSENT GAattorney_ share \0RDINANCES\2010 \Ordinance 10 2010 - St Mark's PUD.doc Page 4 of 4 Resolution 22, 2010 1 RESOLUTION 22, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING THE ST. MARK'S 6 EPISCOPAL CHURCH AND SCHOOL PLANNED UNIT 7 DEVELOPMENT (PUD) AND SITE PLAN IN ORDER TO ALLOW A 8 44,593- SQUARE -FOOT EXPANSION TO THE EXISTING 9 FACILITIES, AS MORE PARTICULARLY DESCRIBED HEREIN; 10 PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; 11 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 12 13 14 WHEREAS, in September 1991, the City Council adopted Resolution 101, 1991, 15 approving the use of a columbarium as an accessory use to the church; and 16 17 WHEREAS, in March 1992, the City Council adopted Resolution 21, 1992, 18 amending the site plan of the church to allow a pavilion to be built; and 19 20 WHEREAS, in March 1993, the City Council adopted Resolution 27, 1993, 21 approving a conceptual master site plan of St. Mark's Episcopal Church and School; 22 and 23 WHEREAS, in July 1993, the City Council adopted Resolution 71, 1993, 24 approving a temporary conditional use of a trailer as a classroom; and 25 26 WHEREAS, in July 1994, the City Council adopted Resolution 95, 1994, 27 approving six (6) variances to landscape requirements; and 28 29 WHEREAS, in September 1994, the City Council adopted Resolution 119, 1994, 30 approving an amendment to the St. Mark's conditional use to permit a 13,775- square- 31 foot classroom /media center building; and 32 33 WHEREAS, in June 1999, the City Council adopted Ordinance 24, 1999, 34 approving the rezoning of the western 6.1 -acre parcel to Planned Unit Development 35 (PUD); and 36 37 WHEREAS, in January 2000, the City Council adopted Ordinance 32, 2000, 38 approving the rezoning of the eastern 4.87 -acre parcel to Planned Unit Development 39 (PUD), the construction of a 14,000- square -foot school building, and a 945 - square -foot 40 church addition; and 41 42 WHEREAS, the City has received a request (PUDA- 09 -11- 000023) from St. 43 Mark's Episcopal Church and School for approval of an amendment to the previous 44 approval to allow an overall addition of 44,593 square feet to the existing church and 45 school facilities; and 46 Page 1 of 7 Resolution 22, 2010 1 WHEREAS, the subject parcel has Residential Medium (RM) and Residential 2 Low (RL -3) zoning designations and corresponding Future Land Use designations of 3 RM and RL; and 4 5 WHEREAS, the Growth Management Department has reviewed the application, 6 has determined that it is sufficient, and has recommended approval; and 7 8 WHEREAS, on April 13, 2010, the City's Planning, Zoning, and Appeals Board 9 reviewed the application and recommended, with a vote of 7 -0, that it be approved 10 subject to the conditions stated herein; and 11 12 WHEREAS, the City Council has considered the evidence and testimony 13 presented by the Applicant and other interested parties and the recommendations of 14 the various City of Palm Beach Gardens review agencies and staff; and 15 16 WHEREAS, the City Council deems approval of this Resolution to be in the best 17 interests of the health, safety, and welfare of the residents and citizens of the City of 18 Palm Beach Gardens and the public at large. 19 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF PALM BEACH GARDENS, FLORIDA that: 23 24 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 25 26 SECTION 2. The request by St. Mark's Episcopal Church and School for 27 approval of an amendment to the St. Mark's PUD and Site Plan is hereby APPROVED, 28 subject to the conditions of approval contained herein, which are in addition to the 29 general requirements otherwise provided by resolution, on the following described real 30 property: 31 32 LEGAL DESCRIPTION: 33 34 A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 7, 35 TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM 36 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 90, PAGES 92 AND 93 OF 37 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 38 39 CONTAINING 10.97 ACRES, MORE OR LESS. 40 41 SECTION 3. This approval is subject to the following conditions, which shall be 42 the responsibility of the Applicant, its successors, or assigns: 43 44 45 46 47 Page 2 of 7 Resolution 22, 2010 1 1. Prior to the issuance of the infrastructure permit, the Applicant shall submit 2 signed /sealed /dated construction plans (paving /grading /drainage and 3 water /sewer) and all pertinent calculations for review and approval. 4 (Director of Engineering) 5 6 2. Prior to the issuance of the infrastructure permit, the Applicant shall provide 7 a signed and sealed photometric plan and submit a site lighting permit 8 application. (Director of Engineering) 9 10 3. The Applicant shall provide a signed and sealed pavement marking and 11 signage plan, or provide the same on the engineering plans; said plans 12 must be reviewed and approved by the Director of Engineering prior to the 13 issuance of the infrastructure permit. (Director of Engineering) 14 15 4. Prior to the issuance of the infrastructure permit, the Applicant shall provide 16 to the City letters of authorization from the applicable utility companies 17 allowing landscaping and light poles to be placed within the utility 18 easements. (Director of Engineering) 19 20 5. The Applicant shall provide copies of all permits, permit applications, and 21 Requests for Additional Information (RAI's) to and from regulatory agencies 22 regarding issues on all permit applications, certifications, and approvals to 23 the Director of Engineering. (Director of Engineering) 24 25 6. Prior to the commencement of construction, the Applicant shall provide all 26 necessary construction zone signage and fencing as required by the 27 Director of Engineering. (Director of Engineering) 28 29 7. Prior to construction plan approval or the issuance of the clearing permit, 30 whichever occurs first, the Applicant shall provide a cost estimate and 31 surety in accordance with the LDR Sections 78 -309 and 78461, and a cost 32 estimate for on -site project improvements, not including public infrastructure 33 (please see the definition of public infrastructure within the City code 34 Section 78- 461(d) of the LDR) and landscaping and irrigation cost 35 estimates for review and approval by the City. The cost estimates shall be 36 signed and sealed by a registered engineer in the State of Florida. The 37 landscaping and irrigation cost estimates may be signed and sealed by a 38 landscape architect licensed in the State of Florida in lieu of a registered 39 engineer. (Director of Engineering) 40 41 B. Prior to the commencement of construction, the Applicant shall schedule a 42 pre- construction meeting with City staff. Inspections related to the 43 infrastructure permit will not be performed until the pre- construction meeting 44 has occurred. In addition, failure to comply with this condition could result 45 in a Stop Work Order of all work/construction activity for the subject 46 development site. (Director of Engineering) 47 Page 3 of 7 Resolution 22, 2010 1 9. The construction, operation, and /or maintenance of any elements of the 2 subject project shall not have any negative impacts on the existing drainage 3 of surrounding areas. If at any time during the project development it is 4 determined by the City that any of the surrounding areas are experiencing 5 negative drainage impacts caused by the project, it shall be the Applicant's 6 responsibility to resolve said impacts in a period of time and a manner 7 acceptable to the City prior to additional construction activities. The City 8 may cease issuing building permits and /or Certificates of Occupancy until 9 all drainage concerns are resolved. (Director of Engineering) 10 11 10. Prior to the issuance of the Certificate of Completion for the infrastructure 12 permit, the Applicant shall provide copies of the required FDOT testings for 13 City review and approval. (Director of Engineering) 14 15 11. The Applicant shall comply with all Federal Environmental Protection 16 Agency and State of Florida Department of Environmental Protection permit 17 requirements for construction activities. (Director of Engineering) 18 19 12. The Applicant shall notify the City's Public Works Division at least ten (10) 20 working days prior to the commencement of any work/construction activity 21 within any public right -of -way within the City of Palm Beach Gardens. In the 22 case of a City right -of -way, the Applicant has at least five (5) working days 23 to obtain a right -of -way permit. Right -of -way permits may be obtained at 24 the Building Division. Failure to comply with this condition could result in a 25 Stop Work Order of all work/construction activity within the public right -of- 26 way and the subject development site. (Public Works) 27 28 13. The Applicant, successors, and assigns shall be responsible for landscape 29 and irrigation maintenance for the road shoulder and their fair share of the 30 median adjacent to the site along Burns Road from the eastern boundary of 31 the PUD to the western boundary of the PUD, and adjacent to Gardens 32 East Drive from the northern PUD boundary to the southern PUD boundary. 33 (City Forester) 34 35 14. Prior to the first Certificate of Occupancy for any building approved with the 36 subject petition, the Applicant shall install the irrigation in the Burns Road 37 median adjacent to the property, located to the west of Gardens East Drive, 38 as noted on the approved plan to the satisfaction of the City Forester or 39 designee. (City Forester) 40 41 15. Prior to the issuance of the first building permit, the Applicant shall submit a 42 construction site security and management plan for review and approval by 43 the Police Department. The security management plan shall be maintained 44 throughout the construction phase of the project. Noncompliance with the 45 approved security and management plan may result in a Stop Work Order 46 for the PUD. (Police Department) Page 4 of 7 Resolution 22, 2010 16. The uses of this site shall be limited to 21,496 square feet of Church and 570 Students (PreK -8). The Applicant, it successors or assigns shall have to submit to the City (each August) a letter certifying the number of students enrolled for that particular school year. (Planning & Zoning, Traffic Consultant) 17. Prior to the issuance of a building permit, the Applicant shall schedule a pre - permit meeting with the City's Development Compliance Division. (Development Compliance) 18. All on -site lighting shall be cast downward and shielded from adjacent properties. (Planning & Zoning) 19. Prior to the issuance of the Certificate of Occupancy for each building, all existing and proposed roof -top and ground- mounted mechanical equipment shall be screened from view. (Planning & Zoning) 20. The maximum number of seats permitted within the church shall remain at 380. In no way shall the number of permitted seats be exceeded due to the placement of additional seats (temporary or permanent) within the chapel. (Planning & Zoning) 21. In no way shall the additional square footage on the site be used to increase the overall permitted number of students or church seats. Broadcasts to any other location outside the sanctuary intended to serve more than the 380 permitted seats in the church is prohibited. This condition shall not be construed to prohibit the broadcast or webcast of such services to other remote locations or to individual personal computers or electronic devices. (Planning & Zoning) 22. Prior to the issuance of the first building permit, the Applicant shall comply with Section 78 -261, Art in Public Places. (Planning & Zoning) SECTION 4. This petition is approved subject to strict compliance with the Exhibits attached hereto and made a part hereof as follows: 1. Site Plan, Sheet SP -1, prepared by STH Architectural Group, dated April 20, 2010. 2. Site Plan, Sheet SP -2, prepared by STH Architectural Group, dated January 20, 2010. 3. Landscape Plan, Sheets LP -0 through LP -5, prepared by Gentile, Holloway, O'Mahoney & Associates, Inc., dated April 18, 2010. Page 5 of 7 Resolution 22, 2010 1 4. Architectural Plans, Sheets A1.22, A1.31, A1.32, A2.22, A2.31, A2.32, A3.12 2 A3.31, A4.22, A4.31, A5.12, A5.31, and A5.32, prepared by STH 3 Architectural Group, dated November 3, 2009. 4 5. Photometric Plan, Sheet E0.32, prepared by STH Architectural Group, dated 5 April 13, 2010. 6 7 6. Shared Parking Evaluation, pages 1 through 3 with attachments, prepared by 8 Kimley -Horn and Associates, Inc., dated March 15, 2010. 9 10 7. Sunday Trip Generation Calculation, page 1 with attachment, prepared by 11 Kimley -Horn and Associates, Inc., dated January 27, 2010. 12 13 SECTION 5. All previous approvals, conditions of approval, and waivers 14 applicable to this PUD shall remain in full force and effect except as modified 15 hereinabove. 16 17 SECTION 6. This Resolution shall become effective immediately upon adoption. 18 19 20 21 (The remainder of this page intentionally left blank) 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ATTEST: M Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER BARNETT Resolution 22, 2010 2010. CITY OF PALM BEACH GARDENS, FLORIDA In David J. 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Upon redevelopment, the site is proposed to include the following: ■ Church: 380 seat worship area plus 4,839 square feet of office area ■ School: 570 students, 39 classrooms, ancillary facilities plus 3,165 square feet of office area The school and church uses function independently and experience peak demands at different times, with peak demand for the school occurring on weekdays and peak demand for the church occurring on weekends. Table 1 provides a calculation of the code parking requirements for the two site components (church and school) based upon the provisions of Section 78 -345 of the City of Palm Beach Gardens' Code of Ordinances. Shared Parking According to Urban Land Institute's (ULI) Shared Parking, Second Edition, the peak parking demand for different land uses within a mixed use development may occur during different times of the day and/or different times of the week. This allows for shared usage of parking supply provided. Additionally, Section 78 -346 of the City of Palm Beach Gardens' Code of Ordinances provides for shared parking in instances in which two or more uses "possess complementary, rather than competing, peak hours of usage." Therefore, an evaluation has been undertaken in accordance with Section 78 -346 of the City's Code. ■ 4431 Embarcadero Drive West Palm Beach, Florida 33407 As documented, the site includes church and school components. The school operates with classes held during daytime hours on a standard Monday through "' °k. w_ Friday schedule. The school does not hold regular events on weekends. For th J 4 i� �� & TEL 561 845 0685 �� �' �,��N:� FAX 561 863 8175 ^ �t �,°� � and Associates, Inc. Mr. Jim Guerriero, Revised March 15, 2010, Page 2 church use, the church office is staffed and operational during daytime hours on weekdays. On weekends, the church holds worship services on Sundays, during which time the church office is also open. A summary of the site parking demand is presented in Table 2 based upon the general time periods of evaluation set forth in section 78 -346 the City Code. Because separate categories for church and school uses are not provided in Table 34 (Shared Parking Calculations) in the City Code yet the two uses have distinct differences in the days of operation, the specific times and days of operation for these uses have been taken into account in this evaluation. As shown in Table 2, the peak parking requirements for the site during the two distinct peak periods are as follows: • Weekday: 128 parking spaces • Weekend: 147 parking spaces The total supply provided on site is 149 parking spaces; therefore, the supply provided will be adequate to accommodate the peak site requirements. On occasion, accessory civic /community activities will occur that utilize church and school facilities on site. Examples of these activities include weddings at the church facility and meetings /activities at the school facilities including Boy Scout meetings, school plays, etc. These activities will typically have less than the maximum demand generated by either the school or church use and will typically occur on weekday evenings or weekend day /evenings at times that do not coincide with the usage of other facilities on site. As shown in Table 2, the assumed parking demand is zero vehicles during the "typical" weekday evening and weekend evening conditions when these accessory activities would occur. Therefore, the parking supply provided on site will be sufficient to accommodate the parking demand generated by these accessory activities that do not coincide with peak school and church demands. It is also noted that a portion of the school requirement during arrival and dismissal periods is to provide vehicle spaces to accommodate pick -up and drop -off of students. A shown in Table 2, the parking spaces provided within the parking lot can accommodate all school - related demand, including pick -up and drop -off demand. Additionally, covered pick -up and drop -off spaces for the unloading and loading of students are provided within the east and west parking lots adjacent to the school campus in order to allow a portion of the pick -up and drop -off activity to occur without vehicles parking in parking spaces on site. These areas combined provide approximately 250 feet of storage and can therefore simultaneously accommodate pick -up and drop -off activity for 12 vehicles at a time while additional vehicles can be staged within the site in queuing areas leading up to the covered pick -up /drop -off areas. It is important to note that the school operates with a staggered arrival and dismissal schedule, which reduces the number of spaces needed at any given time for pick -up and drop -off activity. ❑ ❑ Kimley -Hom and Associates, Inc. Mr. Jim Guerriero, Revised March 15, 2010, Page 3 Summary The St. Mark's Episcopal Church and School site includes two primary uses, a church and a school, that have non - concurrent peak parking demand characteristics. Therefore, an evaluation was undertaken to determine the anticipated peak parking requirements for the site. Based on the foregoing, the peak parking requirement of 147 parking spaces is anticipated to coincide with Sunday church services. The supply provided on site is 149 parking spaces. Additionally, the site provides covered drop -off and pick up areas which cumulatively can accommodate up to 12 vehicles simultaneously (with additional area available for vehicle queuing prior to the loading/unloading areas) in addition to the parking spaces provided on site. Therefore, the parking supply provided meets the site requirements. Should you have questions or comments regarding this analysis, please contact me at 561- 845 -0665. Sincerely, K MLEY -TORN AND ASSOCIATES, INC. Christ er W. Heggen, P.E. Transportation Engineer 311 hm i ��t o At acs Florida Registration Number 58636 Engineering Business Number 696 K: \WPB_TPTO \1442\23001\Parking \Sh Park 031510.doc C _N o i c5 O � Q = m a ? o c Y c = v ❑ O O v d 0 v N N O .a n N N O 00 c d m c Y L A a N g m N i N 01 N / N O O h N m L a L^ 3 M Y c W n Q1 t0 N H V1 M M N 3 a_1r M J Q O N N O a M f0 N Q fp U Q m y O U v o p °�' ° a ° V(7 m 4- O m O M w Z W d m In N 'O N N Q m = W O. w O — 0 y u cc CL CL ., v Q CL o �+ o m `i m _ .� CL (U C L m J 0: U r v rl a a � m Z O IA O N Q a a W LU N p V Q IA +�+ O d H +� u c O �+ LZ � aci C �� m 0 H O H M a V1 H U !n E o 00cnn r°�mm V m oo in en d VI 'O 7 O �p C _N o i c5 O � Q = m a ? o c Y c = v ❑ O O v d 0 v N N O .a n N N O 00 c d m c Y L A a N g m N i N 01 N / N O O h N m L a L^ 3 M Y li C � 4 � yOy ` (d O _ � a u Q � m E Y O Q U O `m A Oq L F X O N n N N O m C Y A a m c Y CL 8 m N N N N O m � 6 3 Nf Y -r Cam❑ Ki'le'' -rte and Amcift Inc. January 27, 2010 Mr. Jim Guerriero STH Architectural Group 1400 Centrepark Boulevard, Suite 500 West Palm Beach, FL 33401 Re: St. Mark's Episcopal Church and School Sunday Trip Generation Calculation KHA # 144223001 Dear Mr. Guerriero: In addition to the traffic impact evaluation that was previously prepared for the above - referenced site, Kimley -Horn and Associates, Inc. has prepared a supplemental calculation of Sunday peak hour trip generation for the above - referenced site. This calculation used the Sunday peak hour of generator trip generation rate (based upon seats) that is published by the Institute of Transportation Engineers (ITE) in Trip Generation, Eighth Edition, for Land Use 560 (Church). The site sanctuary currently contains 380 seats and no additional sanctuary seats are proposed to be added as a part of the proposed site modification. Therefore, the calculation undertaken represents the trip generation potential of both the existing and proposed uses. Table 1 provides a summary of the anticipated trip generation potential of the site for the Sunday peak period conditions. As shown in this calculation, the peak traffic volume potential is 232 vehicles, with 118 vehicles entering and 114 vehicles exiting. Should you have questions or comments regarding this determination, please contact me at 561 -845 -0665. Sincerely, KIMLEY -HORN A ASSOCIATES, INC. A/ Christopher 'W. He K , P.E. TransporWion Engineer Attachracrit Florida Registration Nu4iber 58636 Engineering Business Number 696 ■ TEL 561 845 0665 FAX 561 863 8175 ■ 4431 Embarcadero Drive West Palm Beach, Florida 33407 KAwPB_TPT0\1442\23001\ Sunday TG\Sunday Trip Gen OT271D.yoLlr qtr. ti UNINGUNNG 4 TABLE 1 ST. MARK'S EPISCOPAL CHURCH AND SCHOOL SUNDAY TRIP GENERATION Sunday Peak Hour of Generator Land Use Intensity Total In Out Existing and Proposed Land Use Church 380 seats 232 118 114 Driveway Volumes 232 118 114 Notes: Trip Generation was calculated using the following data: Sunday Peak Hour of Generator Church [ITE 5601 T=0.61 trips per seat (51% in, 49% out) 11271201011:58 Kimley -Mom ■�I U and Associates, Inc. KJWPB TPTOt1442t23001t5undayTG� [SundayTripGen.xlsj5unday CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Meeting Date: May 20, 2010 Ordinance 11, 2010 Petition No. ANNX- 10 -03- 000004 SUBJECT /AGENDA ITEM: Ordinance 11, 2010: Parcel 18A.07 Voluntary Annexation Request First Reading: A request by Jose Martinez, on behalf of 95 Hood LLC., to allow the annexation of Parcel 18.A07, a 12.39 -acre parcel generally located on the northwest comer of Hood Road and the Florida Turnpike. [X] Recommendation to APPROVE J [ ] Recommendation to DENY Reviewed by: Originating Dept.: Growth Management: FINANCE, Fin Adm' istrator Council Action: Ci Project kpY ] Rec. approval [ ] Rec. app. w/ Allan Owens x L hman Manager conditions Martin Schneider, Accounts [ ] Rec. Denial Development Compliance AICP, Planner [ ]Continued to: Sara Var [ ] Quasi- Judicial N/A Bahareh Wolfs, AICP [ X ] Legislative [ X ] Public Hearing Costs: $ N/A Interim Growth Total Management Advertised: Date: Paper: [ ] Required Attachments: • Map A.4. Potential Future Annexation from the City's Comprehensive Plan Ad in s ato a alie M. Wong, AICP $ N/A Current FY Funding Source: [X] Not Required [ ] Operating • Ordinance 11, 2010 [X] Other N/A Budget Acct. #: Approved By: Affected parties: City a r NA 4XINotifted [ ] Not Required Rona d M. erris Meeting Date: May 20, 2010 Ordinance 11, 2010 Page 2 of 6 EXECUTIVE SUMMARY The 12.39 -acre site is located at the northwest corner of Hood Road and the Florida Turnpike (see Location Map below). The subject site is within unincorporated Palm Beach County and is presently vacant, wooded land. The annexation petition satisfies all criteria of Section 171.044, Florida Statutes, and the property is within a potential annexation area on the City's Potential Future Annexation Map (Map A.4. — attached). lz fit lili!!l L�.Z....._.... �.........I /C11�� `'��, a+w BACKGROUND The applicant is requesting that Parcel 18.A07 be voluntarily annexed into the City of Palm Beach Gardens. The property is under single ownership of Hood Road LLC., and has no registered voters. Therefore, it can be annexed through the voluntary process without a referendum. A comprehensive plan amendment to change the Future Land Use designation of the property from County Low Residential, 2 units per acre (LR -2) to City Residential Low (RL), up to 4 units per acre, is also being processed for this property. Meeting Date: May 20, 2010 Ordinance 11, 2010 Page 3 of 6 LAND USE & ZONING The subject site currently has a Palm Beach County Future Land Use designation of County LR -2, and two (2) County zoning designations: Residential Single - Family (RS) for the majority of the site, and Residential Estate (RE) for the northernmost portion. County zoning designations do not determine density, but refer back to the future land use designation, which in this case is LR -2. The applicant has also submitted a large -scale future land use petition to provide a Residential Low (RL) designation to the site. The subject site is adjacent to the Florida Turnpike to the east, Hood Road to the south, and the Eastpointe Country Club, a golf course community in unincorporated Palm Beach County to the north and west. The existing uses, zoning districts, and future land use designations of adjacent properties are summarized in Table 1. TABLE 1. ZONING CLASSIFICATIONS AND LAND -USE DESIGNATIONS Subject Property Vacant RS; RE LR -2 Palm Beach County Palm Beach County Palm Beach County North Residential Low (Eastpointe RE LR -2 Country Club) Palm Beach County Palm Beach County Palm Beach County West Residential Low (Eastpointe RS; RE LR -2 Country Club) Palm Beach County Palm Beach County Palm Beach County South Hood Road; Mirasol Elementary RL PCD School Palm Beach Gardens Palm Beach Gardens Palm Beach Gardens East Turnpike; Vacant (Briger Tract) MXD MXD Palm Beach Gardens Palm Beach Gardens Palm Beach Gardens Notes: County designations: Residential Single Family (RS) Residential Estate (RE) Low Residential, 2 units per acre (LR -2) City designations: Residential Low (RL) Planned Community Development (PCD) Mixed Use (MXD) Meeting Date: May 20, 2010 Ordinance 11, 2010 Page 4 of 6 FLORIDA STATUTES Section 171.044, Florida Statutes, includes criteria that an area being considered for voluntary annexation shall satisfy prior to local government annexation: (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. Staff Response The subject site is located within unincorporated Palm Beach County and is contiguous on two sides to the City's boundaries (south and east). The parcel is concentrated in a single area and is a portion of a proposed future annexation area of the City, according to Map A.4. of the Comprehensive Plan. Therefore, the proposed annexation is consistent with this Section of the Florida Statutes. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. Staff Response The City has received the signatures of all property owners in the area to be annexed. The subject site is made up of two parcels owned by one entity. Prior to annexation by the City Council, the public notice requirements shall be satisfied. To date, Palm Beach County has not identified any inconsistencies with Chapter 171, Florida Statutes, that warrant objection. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within seven (7) days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. Staff Response This requirement shall be satisfied within seven (7) days of adoption of the ordinance. Meeting Date: May 20, 2010 Ordinance 11, 2010 Page 5 of 6 (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. Staff Response Palm Beach County has been directly notified of the submission of this voluntary annexation petition, as required by County regulations. The City also used the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARQ notification process to inform the County and surrounding municipalities of the proposed annexation as part of its notification of the corresponding Comprehensive Plan map amendment. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. Staff Response The proposed annexation does not create an enclave. (6) Not fewer than 10 days prior to publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection may be the basis for a cause of action invalidating the annexation. Staff Response A copy of the notice will be provided via certified mail to the Board of County Commissioners 10 days prior to publishing the ordinance notice in The Palm Beach Post as required. URBAN SERVICES The surrounding area is currently serviced by the City of Palm Beach Gardens, Seacoast Utility Authority, Solid Waste Authority, Northern Palm Beach County Improvement District, and Palm Beach County Schools, all of which will service the subject property. The proposed annexation will not pose a negative impact on the public facilities in the area. The annexation has been analyzed relative to the provision of adequate urban services. The potential of the site could increase from a maximum of 24 residential units under its current County LR -2 land use designation to 48 residential units under the City's RL future land use designation. All service providers have confirmed that there will be adequate capacity available for water, sewer, solid waste, schools, police, and fire services. The City's Engineering Division reviewed the potential traffic impact on Hood Road and determined the amount of trips would fall below the three percent significance threshold for five (5) year and long -range impact analysis. Meeting Date: May 20, 2010 Ordinance 11, 2010 Page 6 of 6 The City's Parks Department determined that the 0.4 acres of potential park land needed upon annexation and maximum possible development of this property is well within its level of service provision. Based on a population of 50,000, the number of acres needed for parks would be approximately 189. Current inventory is approximately 345 acres. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The proposed annexation area is included in the City's Potential Future Annexation Area (Map A.4. — attached) as outlined in the City's Comprehensive Plan. PLANNING, ZONNING, AND APPEALS BOARD (PZAB) At the May 11, 2010, public hearing, the PZAB voted 6 -0 to recommend approval of the annexation petition. STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance 11, 2010 based upon the following findings: The subject annexation request is consistent with Florida Statutes, the proposed future annexation map of the City's Comprehensive Plan, and the City's level of service standards. `�� ., 4 �`. y � `1 � � .' � Z� +. 1~ ` �� 1 ORDINANCE 11, 2010 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM 5 BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A 6 PETITION FOR VOLUNTARY ANNEXATION, A PARCEL OF LAND 7 CONSISTING OF APPROXIMATELY TWELVE AND 391100 (12.39) 8 ACRES, GENERALLY LOCATED AT THE NORTHWEST CORNER 9 OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA 10 TURNPIKE, IN PALM BEACH COUNTY, FLORIDA, AS MORE 11 PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE 12 VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE 13 OF THE OWNER OF THE REAL PROPERTY ANNEXED HEREBY; 14 AMENDING ARTICLE 11 OF THE CRY CHARTER BY REDEFINING 15 THE CORPORATE LIMITS; PROVIDING A CONFLICTS CLAUSE, A 16 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 17 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 18 19 20 WHEREAS, the City of Palm Beach Gardens has received an application 21 (ANNX - 10-03 - 000004) 95 Hood LLC. for annexation c f vacant property consisting of 22 12.39 acres currently located in Palm Beach County into the City of Palm Beach 23 Gardens; and 24 25 WHEREAS, the area to be annexed is contiguous to the City and reasonably 26 compact; and 27 28 WHEREAS, the annexation of the area will not result in the creation of any new 29 enclaves; and 30 31 WHEREAS, the area to be annexed meets the requirements of Section 171.044, 32 Florida Statutes, concerning the character of the area to be annexed; and 33 34 WHEREAS, the annexation area is included on the City's Potential Future 35 Annexation Area Map of the City's Comprehensive Plan; and 36 37 WHEREAS, the Growth Management Department has reviewed the application 38 and has determined that it is sufficient; and 39 40 WHEREAS, this annexation petition (ANNX -10 -03- 000004) was reviewed by the 41 Planning, Zoning, and Appeals Board at a public hearing on May 11, 2010, which 42 recommended approval by a vote of 6 -0; and 43 44 WHEREAS, the City Council of the City of Palm Beach Gardens believes these 45 revisions to be in the best interest of the health, safety, and welfare of the citizens of the 46 City of Palm Beach Gardens. Ordinance 11, 2010 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 2 THE CITY OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The City Council of the City of Palm Beach Gardens finds that the 7 written petition for voluntary annexation filed with the City bears the signatures of the 8 owners of the real property to be annexed into the City. 9 10 SECTION 3. The City Council hereby annexes into the City of Palm Beach 11 Gardens an area of contiguous, compact, unincorporated territory located on the 12 northwest corner of Hood Road and the Florida Turnpike, as reflected on Exhibit "A," 13 attached thereto and incorporated herein, for the following described real property: 14 15 LEGAL DESCRIPTION: 16 17 A PARCEL OF LAND LYING IN SECTION 27 AND 34, TOWNSHIP 41 SOUTH, 18 RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE 19 PARTICULARLY DESCRIBED AS FOLLOWS: 20 21 THE SOUTH HALF (S '/) OF THE SOUTHEAST QUARTER (SE %) OF THE 22 SOUTHEAST QUARTER (SE Y4) OF THE SOUTHEAST QUARTER (SE '/) OF 23 SECTION 27, TOWNSHIP 41 SOUTH, RANGE 42 EAST, TOGETHER WITH THE 24 EAST HALF (E %) OF THE NORTHEAST QUARTER (NE %) OF THE NORTHEAST 25 QUARTER (NE' /4) OF SECTION 34, TOWNSHIP 41 SOUTH, RANGE 42 EAST. 26 27 CONTAINING 539,627 SQUARE FEET OR 12.39 ACRES, MORE OR LESS. 28 29 SECTION 4. The boundaries of the City of Palm Beach Gardens, Florida are 30 hereby redefined and shall include the above - described real property, and the property 31 is hereby declared to be within the City's corporate limits. 32 33 SECTIONS. Section 2 -1 of the City Charter, entitled "Boundaries ", is hereby 34 amended to reflect the property annexed into the City by this Ordinance. 35 36 SECTION 6. The City Clerk is hereby directed to file a copy of this Ordinance 37 with the Clerk of the Circuit Court, Palm Beach County, the Chief Administrative Officer 38 of Palm Beach County, and the Department of State within seven (7) days of the 39 adoption of this Ordinance. 40 41 SECTION 7. All ordinances or parts of ordinances in conflict be and the same 42 are hereby repealed. 43 44 45 46 47 2 Ordinance 11, 2010 1 SECTION 8. Should any section or provision of this Ordinance or any portion 2 thereof, any paragraph, sentence, or word be declared by a court of competent 3 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 4 this Ordinance. 5 6 SECTION 9. Specific authority is hereby granted to codify this Ordinance. 7 8 SECTION 10. This Ordinance shall become effective immediately upon 9 adoption. 10 11 12 (The remainder of this page intentionally left blank) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 11, 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 FOR AGAINST ABSENT BY: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Al R. Max Lohman, City Attorney G:\attorney_.4hare\ORDINANCES\2010\Ordinance 11 2010—Parcel 1BA07 annexation.doc 4 vW,-m EXHIBIT "A" I N CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 20, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin - 08sew r Council Member Barnett :teseu-r I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: �a. RECOGNITION OF SPONSORS FOR RECREATION DEPARTMENT PROGRAMS. -/ b. RECOGNITION OF SPONSORS FOR GRILLIN' IN THE GARDENS. mac. RECOGNITION OF BENJAMIN SCHOOL LACROSSE TEAM — STATE BOY'S 1A LACROSSE CHAMPIONS. 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: �as a. APPROVE MINUTES FROM APRIL 1, 2010 CITY COUNCIL MEETING. b. (Pape 10) APPROVE MINUTES FROM APRIL 15, 2010 CITY COUNCIL MEETING. C. (Page 14 PROCLAMATION — NATIONAL MISSING CHILDREN'S DAY. 13L PUBLIC HEARINGS. (* Designates Quasi- Judicial Hearing) a. F >, Ordin< 3 on Page 29) ORDINANCE 8, 2010 — (1 st READING) AMEND THE LAND DEVELOPMENT REGULATION TO ALLOW FOR COMMUNITY GARDENS. AN ORDINANCE OF THE CITY COUNCIL OF Pa THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. '3,0 LAND DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78- 1590)(71) AND AMENDING TABLE 21: PERMITTED, CONDITIONAL AND PROHIBITED USE CHART IN ORDER TO CREATE A COMMUNITY GARDENS USE AND ADOPT REGULATIONS PERTAINING TO COMMUNITY GARDENS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES b. _�e 35, Orclis _), Resol, )n Page ORDINANCE 10, 2010 - (1st READING) ST. MARK'S EPISCOPAL CHURCH �n� AND SCHOOL. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Q PALM BEACH GARDENS, FLORIDA PROVIDING FOR THE EXPANSION OF ST. MARK'S EPISCOPAL CHURCH AND SCHOOL, LOCATED AT THE 3 CORNER OF GARDENS EAST DRIVE AND BURNS ROAD AND HAVING A STREET ADDRESS OF 3395 BURNS ROAD; AMENDING ORDINANCE 24, 1999 AND ORDINANCE 32, 2000, WHICH APPROVED AND AMENDED, RESPECTIVELY, THE ST. MARK'S EPISCOPAL CHURCH AND SCHOOL PUD, IN ORDER TO TRANSFER AND AMEND THE SITE PLAN APPROVAL AND RELATED CONDITIONS OF APPROVAL TO A SEPARATE RESOLUTION; PROVIDING THAT FUTURE AMENDMENTS TO THE SITE PLAN AND CONDITIONS OF APPROVAL FOR THE PUD MAY BE MADE BY RESOLUTION OF THE CITY COUNCIL; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 22, 2010 IS A COMPANION ITEM TO ORDINANCE 10, 2010 AND WILL REQUIRE COUNCIL ACTION ON SECOND READING. RESOLUTION 22, 2010 - ST. MARK'S EPISCOPAL CHURCH AND SCHOOL. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE ST. MARK'S EPISCOPAL CHURCH AND SCHOOL PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN IN ORDER TO ALLOW A 44,593- SQUARE -FOOT EXPANSION TO THE EXISTING FACILITIES, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. 1 on ORDINANCE 11, 2010 — (1ST READING) PARCEL 18 A07 VOLUNTARY ANNEXATION. AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A PETITION FOR VOLUNTARY ANNEXATION, A PARCEL OF LAND CONSISTING OF APPROXIMATELY TWELVE AND 39/100 (12.39) ACRES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA TURNPIKE, IN PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE OF THE OWNER OF THE REAL PROPERTY ANNEXED HEREBY; AMENDING ARTICLE II OF THE CITY CHARTER BY REDEFINING THE CORPORATE LIMITS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a._ RESOLUTION 30, 2010 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A "PIGGYBACK" AGREEMENT WITH PUBLIC RESTROOM COMPANY 3" 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 ACTIONIDISCUSSION: XII. CITY ATTORNEY REPORT: XM. 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 S 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. S g`. H 3 �v D - CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 20, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Barnett I. ✓ PLEDGE OF ALLEGIANCE II. 'ROLL CALL IIL ✓ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS /PRESENTATIONS: a. RECOGNITION OF SPONSORS FOR RECREATION DEPARTMENT PROGRAMS. b. RECOGNITION OF SPONSORS FOR GRILLIN' IN THE GARDENS. C. RECOGNITION OF BENJAMIN SCHOOL LACROSSE TEAM — STATE BOY'S 1A LACROSSE CHAMPIONS. 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) VIILV/CONSENT AGENDA: �d a. (Pane 4 APPROVE MINUTES FROM APRIL 1, 2010 CITY COUNCIL 3 MEETING. b. Pa a 101 APPROVE MINUTES FROM APRIL 15, 2010 CITY COUNCIL MEETING. C. (Pane 14 PROCLAMATION — NATIONAL MISSING CHILDREN'S DAY. T IX. PUBLIC HEARINGS: (* Designates Ouasi - Judicial Hearin !/ a. (Staff Report on Page 15, Ordinance on Page 291 ORDINANCE 8, 2010 — (1st READING) AMEND THE LAND DEVELOPMENT REGULATION TO ALLOW FOR COMMUNITY GARDENS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78- 159(j)(71) AND 3, (� AMENDING TABLE 21: PERMITTED, CONDITIONAL AND PROHIBITED USE CHART IN ORDER TO CREATE A COMMUNITY GARDENS USE AND ADOPT REGULATIONS PERTAINING TO COMMUNITY GARDENS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES b. *(Staff Report on Page 35, Ordinance on Page 50, Resolution on Page 54) ORDINANCE 10, 2010 - (1st READING) ST. MARK'S EPISCOPAL CHURCH AND SCHOOL. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA PROVIDING FOR THE EXPANSION OF 3.,o ST. MARK'S EPISCOPAL CHURCH AND SCHOOL, LOCATED AT THE CORNER OF GARDENS EAST DRIVE AND BURNS ROAD AND HAVING A STREET ADDRESS OF 3395 BURNS ROAD; AMENDING ORDINANCE 24, 1999 AND ORDINANCE 32, 2000, WHICH APPROVED AND AMENDED, RESPECTIVELY, THE ST. MARK'S EPISCOPAL CHURCH AND SCHOOL PUD, IN ORDER TO TRANSFER AND AMEND THE SITE PLAN APPROVAL AND RELATED CONDITIONS OF APPROVAL TO A SEPARATE RESOLUTION; PROVIDING THAT FUTURE AMENDMENTS TO THE SITE PLAN AND CONDITIONS OF APPROVAL FOR THE PUD MAY BE MADE BY RESOLUTION OF THE CITY COUNCIL; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 22, 2010 IS A COMPANION ITEM TO ORDINANCE 10, 2010 AND WILL REQUIRE COUNCIL ACTION ON SECOND READING. RESOLUTION 22, 2010 - ST. MARK'S EPISCOPAL CHURCH AND SCHOOL. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE ST. MARK'S EPISCOPAL CHURCH AND SCHOOL PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN IN ORDER TO ALLOW A 44,593- SQUARE -FOOT EXPANSION TO THE EXISTING FACILITIES, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. i c. ✓ IStaff Report on Page 78, Ordinance on Page 85) ORDINANCE 11, 2010 — (1" READING) PARCEL 18 A07 VOLUNTARY ANNEXATION. AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A PETITION FOR VOLUNTARY ANNEXATION, A PARCEL OF LAND CONSISTING OF APPROXIMATELY TWELVE AND 39/100 0 (12.39) ACRES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF 3, THE INTERSECTION OF HOOD ROAD AND THE FLORIDA TURNPIKE, IN PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE OF THE OWNER OF THE REAL PROPERTY ANNEXED HEREBY; AMENDING ARTICLE II OF THE CITY CHARTER BY REDEFINING THE CORPORATE LIMITS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. ✓RESOLUTIONS: 3.-0 RLr50 LuTl UJ 3 0,� a o) 0 XI. ✓ITEMS FOR COUNCIL ACTION /DISCUSSION: XII. VtITY ATTORNEY REPORT: XIII. ADJOURNMENT 3.10 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. afjo 4 3 —b CITY COUNCIL MEETING 05/20/10 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: Under Resolutions Resolution 30, 2010 -- Piggyback Agreement with Public Restroom Company in the amount of $208,475.00 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 DELETIONS NO\ L MODIFICATIONS: NONE U_ J m �U a- W o U 2 , U U) O W � cr O U LL cz o E CD c� l [L Z 0 U CD .p U ._ a� o E -0 -#'- Q� E o oOE U (n U O) m (} c jr o .L U) U �_ �-c - .U�.4co — U o0 �L L Y o U I L +-r Cn 0�U C o �� o — CO Q) a E CO U > s N Q N i (z o y-- o � ,E (n Q a) C= E oc4" E�Zo QU U m U p w U 2 U) O f..L cn o Z n w Z) 0 U n U) cz W lei 0 Z U Q J 6 E z L i 1 e� so � U cn U If C roar � � o a Q co CM v � � U �noEo oco CL =ct -a) 7 L Q o �aEcv � c E E L o d U �- U -j _ m U a O W U _' 2 4v L LL Q cn o Z W � v O Cl V v n 2 s N V LI) mm ci v E z C�- v r ti r Q 4 L� �M d U u� U .c Q) U a� -C v v > E C L "- v v EQ c v O o E U � v � � a cn {3 C co tm L v If �c O v cz -0 Q v — cz v v CL a) L a) cz vim' o r E 0 o c 0 J _ m D c o uj C) __ F- 0 Er 7C) L Q F' O z N W cr O °C C) sm a_ a� E a. z J� I � 0 �i a 1 U G U LL+_� � � U A� � � U N cn U _0 _Q (D O E (D C :3 (D E �oCE4� �- Q — U — E U� �co 0 C:©a) U U-0-0 m .L MDo� a� ©W ECU��n cv 11"L7— CO 0 v a) CZ o�E C a E � �� . E�� 2 C-U _U J _ m U O W U _ t� I- U W O LL Q C/) O Z W 0 cc U d c C� O W CL z ILI Y M .{ J 1 � � <1 � � I"< N ,, U I ,{ CJ [ n �3 U) U ai U cv a cv C I-� a) -0 O EQ -0 1 Q) r, O U cn 0 O � N E N O Ali c: cr EO co �� a c 4-0 :mLQ) Cl co co ,U 2 O � Z: N c O 'i a 70 (� CZ 70 70 Q E O U (Z U -0 — IZ � C O O C2 Q} TO L o =3 i O O C U E O C +� L � W � d U �- C) -U E Q) U U E O v U- O C: +� v E v 07 E v O °C U L �n t W el 0 0 G n- C w t _U � � v cn c N Q) - O E Q a) O O E Q} N z v 0 E cE O �(D E .U_.+�� co O co p u v U =� o � C iU Q- U a� v •n 0 -i 4 a) oCO CO c (0 v� �Cv� 0- (D � co o� cn a)o � v a) 0- O �oov U (D a o� z Q 0 CD w t _U � � v cn c N Q) - O E Q a) O O E Q} N z v 0 E cE O �(D E .U_.+�� co O co p u v U =� o � C iU Q- U a� v •n 0 -i 4 a) oCO CO c (0 v� �Cv� 0- (D � co o� cn a)o � v a) 0- O �oov U U 0 cn O � LL � Q +, o cn Cll © °C U LTA iNOT r� �U I` C) 7 � U Q) CO U) o Q) E Q () ® Q) Q) Q) C: Q) - C E �EQ) ��-�E �U)0 . o a > U =� o cn �> aaUE L (D .U) goo >�o > L c Q (a) Q) (ll - n Q 0 Q E Eta� a- o Co a) L z 70 - <C 0 0 �U I` C) 7 � U Q) CO U) o Q) E Q () ® Q) Q) Q) C: Q) - C E �EQ) ��-�E �U)0 . o a > U =� o cn �> aaUE L (D .U) goo >�o > L c Q (a) Q) (ll - n Q 0 Q E Eta� a- o U U � C O W U 2 I— U L Q � O Z W cr v 0 C U c �L U) cz W �i UI c0 6 co Z v U} iy L -r 1 U .4? co V U E Q.. . a� U a� � (D -0 (D E �E W E f U EN C E N {} C �= E 'v M co cv,0- o ♦.`/ CZ +� 1iJ Q) U N L ca �-0 a N � CZ a� c c FD � a (D L L O N E E C V- Q) Z> QU U m U p W U U L 70 Q � O Z W � c rr U c �^L I..L 6 E z L i U U 0) cv U (D cn CD �O O E `� aD 50 E U � v =Q iy CD c '�cnvc E �. ©co C 4) U C ' O N L .i U =L0 -C It rn E (n�Ucn o CZ E a ���n aD U > U 'v co ai a� CD 0 o *� L O _ 0 �c•�E a) U I 'U c o LLJ U O v rr LL Q cn o Z LLJ Q U c n U) v r■ J L L E cz Z vi v L 1 c -q U C V J U v U v v � a v U �v v c0 co � � v U •,� ° L v �a"U � Z3 • L �--+ v ° cz EcQ) v -0-0 Q} 0 v CZ o •E o v E � � v QU � O � O V x �A � V a � V O O � � W 7 o •� pow Z Eno ' p o � o N � Cv y W � O O • it 3 L •L s 00 TIM C u � V 3 o � ao N V "o r..► L W a , a? •mm w .r 0 � L. 41 rte+ 7 ° L C 3 � 40) a -Q tj a ca 60 ,ow Ccs, a� 0 4.0 .0 o "o c O = o aj cd a 3 +a ,� .� •'p C O e� 0 y y ^. v E 0 12 ' n ow V 4' v CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Councilmembers DATE: May 18, 2010 FROM: Richard J. Marrero, Senior Planner THROUGH: Ronald M. Ferris, City Manager SUBJECT: Ordinance 8, 2010 —Community Garden Land Development Regulations (LDRs) Text Amendment CC: R. Max Lohman, City Attorney Patricia Snider, City Clerk Natalie M. Wong, Interim Growth Management Administrator The following changes are being provided to you, which reflect recent changes to Ordinance 8, 2010 that were not originally included with your agenda packets for the May 20th first reading. (Proposed language is shaded) (The remainder of this page left intentionally blank) See. 78 -159. Table 21. Permitted uses, minor and major conditional uses, and prohibited uses. (Please note that P= Permitted Use, C = Minor Conditional Use, C* = Major Conditional Use, Blank = Prohibited) CATEGORYIUSE RE RR10 I RR20 R11 RC I R13 I RM I RH I RMH 1 PO IN CG1 CG2 I CR M1 M1A M2 P &I CONS PDA Note ***(The previous rows of Table 21 have been omitted for brevity.) * ** RESOURCES PRODUCTION AND EXTRACTION Agriculture C. 65 Excavation and Fill, and Borrow Pit Operations C. C. 66 OTHER Accessory Uses P P P P P P P P P P P P P P P P P P P Mobile Home, Temporary C C C C C C C C C C 67 Recreation, Accessory C C C C C C C C 68 Satellite Dishes, Accessory P P P P P P P P P P P P P P P P P P 69 Trailers, Construction P P P P P P P P P P P P P P P P P P P 70 Trailers, Sales P P P P P P P P P P P P P P P P P P 70 Community Gardens C C C C C C C C C C C C C C G G G C C 71 0) Additional Standards. The following standards apply to specific uses as indicated in the "Note" column of Table 21. 5. No buildinas or structures shall be permitted on the community garden premises except sheds used for the storage of tools and equipment. Such sheds shall be limited in size to 100 square feet and shall have no dimension that exceeds 10 feet. Additionally, such sheds must comply with all required setbacks for structures for the zoning district in which the community garden is located. No sheds shall be visible from PGA Boulevard. Benches, bike racks, raised /accessible planting beds, compost or waste bins, picnic tables, birdhouses, butterfly gardens, fences, and rain barrel systems may be permitted as part of the conditional use approval process. No more than two (2) fifty-five gallon composting"bins shall be located on a community garden site and rain barrels shall not exceed fifty- five yzallons in size. The combined area of all buildings or structures shall not exceed two percent (2 %) of the garden site lot area. 7. The boundary of a community garden shall be no less than fifteen (15) feet from any portion of a designated landscape buffer. Additionally, the boundary of a community garden shall be no less than ten (10) feet from the side or rear property line and no less than fifteen (15) feet from the front property line. Community gardens located within the PGA Boulevard Overlay shall be setback an additional 100 feet-from-the property line abutting the PGA Boulevard right -of -way, All plantings shall comply with sight visibility triangle regulations, as set forth in the land development regulations. 11. As part of the minor conditional use review and approval process, the City may require soil tests be submitted as part of the review of the application. •,s 4 P_ J Z 4 4 I� II ie rr Tp LA btI i r 0 p 2-i N A 9 j4 y 0� „ a • i D P. "r • IL L A i AW .ter i iz r 1 ` l � r ;Xf �t noun a�' �• i s ' r • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 20, 2010 Resolution 30, 2010 Subject/Agenda Item: Piggyback Agreement with Public Restroom Company in the amount of $208,475.00 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 [ ] Recommendation to DENY Revi;torne e Originating Dept.: Costs: $208.475.00 Council Action: Community Services (Total) City [ ]Approved Todd Engle $208,475.00 [ ] Approved w/ Co ruc ' n e Current FY conditions Di ctor Finance Administrator [ ] Denied Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ X ] Other Location Map/ Conceptual Master Capital Plan Resolution 30, 2010 Sub Y: [ x ] Not Required • Exhibit: Piggyback Agreement Jack Doug ney Community Services Administrator Department Affected parties Budget Acct. #: Administrator [ died 301.2000.572.6900 [ ] None ApIMaager REC0079 Cit [ x ] Not required Meeting Date: May 20, 2010 Resolution 30, 2010 BACKGROUND: City Council previously approved Resolution 19, 2010 authorizing the purchase of a Pre - fabricated Concrete Flush Toilet Building with a concession component at PGA National Park to CXT, Inc. via an existing agreement with Leon County. However, CXT, Inc. was unable to meet the delivery time as originally agreed upon. Therefore, staff is recommending utilizing a second vendor approved under the same contract with Leon County, Public Restroom Company, to purchase the same restroom /concession building. Public Restroom Company has confirmed that they will be able to meet the City's project delivery deadline of August 1, 2010, which is when the park experiences high usage. If the new restroom /concession building is not in place by the August 1, 2010 deadline, then the installation must be delayed until May 2011 for the safety of the parks users. The cost of the building from Public Restroom Company is $208,475.00. 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. The concession element will be primarily used by the Palm Beach Gardens Youth Athletic Association serving youth football, lacrosse, soccer, and other types of youth sports. STAFF RECOMMENDATION: Approve Resolution 30, 2010 as presented. 1 RESOLUTION 30, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A "PIGGYBACK" 6 AGREEMENT WITH PUBLIC RESTROOM COMPANY FOR THE 7 PURCHASE OF A PRE - FABRICATED CONCRETE FLUSH TOILET 8 BUILDING TO BE LOCATED AT PGA NATIONAL PARK VIA AN 9 EXISTING CONTRACT WITH LEON COUNTY (NO. BC- 07- 16- 09 -51); 10 AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; 11 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 12 13 14 WHEREAS, the City desires to install a pre- fabricated concrete flush toilet building 15 with a concession component at PGA National Park; and 16 17 WHEREAS, Section 2 -294 of the City Code of Ordinances permits the City to 18 "piggyback" an agreement awarded by another governmental agency pursuant to a 19 competitive sealed bid; and 20 21 WHEREAS, the City has received a proposal from Public Restroom Company for such 22 a building; and 23 24 WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the 25 best interests of the citizens and residents of the City of Palm Beach Gardens to award the 26 purchase to Public Restroom Company based on an existing agreement executed by Leon 27 County (No. BC- 07- 16- 09 -51) effective through September 30, 2012; and 28 29 WHEREAS, based on the recommendation of City staff, the City wishes to enter into 30 an agreement with Public Restroom Company to provide such products and services in the 31 amount of $208,475.00, which has been prepared and is attached hereto; and 32 33 WHEREAS, the City Council deems approval of this Resolution to be in the best 34 interests of the health, safety, and welfare of the residents and citizens of the City of Palm 35 Beach Gardens and the public at large. 36 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 39 PALM BEACH GARDENS, FLORIDA that: 40 41 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 42 43 SECTION 2. The City Council hereby authorizes the Mayor to execute an agreement 44 for the purchase of a pre- fabricated concrete flush toilet building for PGA National Park with 45 Public Restroom Company in the amount of $208,475.00 via an existing contract with Leon 46 County (No. BC- 07- 16- 09 -51. 47 48 SECTION 3. This Resolution shall become effective immediately upon adoption. 1 PASSED AND ADOPTED this ' 2 3 4 5 6 7 8 _- 9 - t � J 13= "a` is Snider, CMC, City Clerk 16 17 API* t VED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 R. ohman, City Attorney 23 24 25 26 VOTE: 27 28 MAYOR LEVY 29 30 VICE MAYOR PREMUROSO 31 32 COUNCILMEMBER RUSSO 33 34 COUNCILMEMBER JABLIN 35 36 COUNCILMEMBER BARNETT 37 38 39 40 41 42 43 44 45 46 47 48 G:\attomev share \RESOLUTIONS\2010 \Resolution 30 201 Resolution 30, 2010 0 day of i1(�c.r , 2010. CITY OF PALM BEACH GARDENS, FLORIDA BY: Da Levy, Mgyor AYE NAY ABSENT V m - orc aamt.docx 2 PIGGYBACK AGREEMENT THIS AGREEMENT is made this 6'Z &?* day of PO4 2010, by and between the CITY OF PALM BEACH GARDENS, a mu icipal corporation (hereinafter referred to as "City "), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Public Restroom Company (hereinafter referred to as "Vendor"), whose address is 9390 Gateway Drive, Suite 102, Reno, Nevada 89521 (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, but the discount prices provided for therein do not apply to this Agreement. 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. The total cost of all items and work shall not exceed $208,475.00. 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 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. 2 6. 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. 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. If bonds are required, the cost for the bonds, without mark -up, shall be added to the contract amount. 7. 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 substantial completion 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. 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 3 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. 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 287.133(3)(a), Florida Statutes. 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. 4 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 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; however, 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. Notwithstanding the preceding, in the event the City terminates this Agreement after the commencement of prefabrication construction of the Project restroom building at the Vendor's manufacturing facility, the City shall be required to pay the Vendor's actual costs for completing the custom portions of the Project restroom building that the Vendor has started to manufacture as of the date of the termination. Such costs shall not include those portions of the Project that do not involve already- commenced custom manufacturing, including, but not limited to, assembly of custom fabricated parts, use of fungible hardware, delivery, or set- 4 up. The Vendor shall provide the City with thirty (30) days' notice of the prefabrication construction commencement date in writing. The Vendor's failure to provide such notice shall relieve the City of the obligations relative to termination after the commencement of prefabrication construction as set forth herein. The City shall pay to the Vendor in full satisfaction and discharge of all amounts owing to the Vendor under this Agreement an amount equal to the reasonable costs incurred by the Vendor in the performance of this Agreement up to any date of termination less all amounts previously paid. 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 or delaying 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. 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. 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: The Public Restroom Company 9390 Gateway Drive, Suite 102 Reno, Nevada 89521 Attn: Charles E. Kaufman 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 (i.e., 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 7 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. (The remainder of this page intentionally left blank) 0 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 David Levy, Mayor J ^ Patricfitnider, CMC, City Clerk APPROVED AS TO FORM LEGAL SUFFICIENCY / 10 , City Attorney THE PUBLIC RESTROOM COMPANY In Title: Na (SEAL) G:\ attorney_shareWGREEMEN'TS\public restroom company- Agreement- 2010- Final.docx 10 EXHIBIT "A" Commissioners BILL PROCTOR District 1 JANE G. SAULS District 2 JOHN DAILEY District 3 BRYAN DESLOGE District 4 Leon County Board of County Commissioners 301 South Monroe Sheet, Tallahassee, Florida 3Z301 (850) 606 -5302 www.leoncountyfl,gov October 29, 2009 Mr. Charles E. Kaufman Public Restroom Company 9390 Gateway Drive Reno, Nevada 89521 Purchasing Division 2284 Miccosukee Road Tallahassee, Florida 32308 Sincerely, Keith M. Roberts Purchasing Director enclosure An equal opportunity employer RE: Award of Bid for Pre- Fabricated Concrete Flush Toilet Buildings, Continuing BOB RACKLEFF Services District 5 Bid Number: BC- 07- 16 -09 -51 CLIFF THAELL At -Large Dear Mr. Kaufman: AKIN AKINYEMI At -Large Please find enclosed your company copy of the fully executed agreement referenced above. Also, please take note that upon receipt of any additional PARWE7. ALAM required documentation and satisfaction of any other start-up requirements, the County Administrator County Project Manager will provide you with a written Notice to Proceed giving further instruction on commencement of the project. HERBERT W.A. THIELE County Attorney We appreciate your interest in serving the citizens of Leon County through these contractual services. If I or my staff can be of further assistance, please do not hesitate to call. Sincerely, Keith M. Roberts Purchasing Director enclosure An equal opportunity employer AGREEMENT THIS 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 PUBLIC RESTROOM COMPANY, 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 persons when such services cannot be reasonably provided by the County; and WHEREAS, the County has determined that it would be better to contract for these services than to hire the necessary personnel to satisfy the needs of the County: and WHEREAS, in order to secure the lowest cost for these services, the County has sought and received competitive bids from contractor for such services. NOW, THEREFORE, the parties hereto agree as follows: 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. 3. TIME The Agreement shall be for a period of three (3) years, commencing on August 1, 2009, and shall continue until July 31, 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. 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 B, 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, FLORIDA AND PUBLIC RESTROOM COMPANY BC- 07- 16 -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 sub - contractors under it be considered to be employees of Leon County. 7. INSURANCE 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 bid. A. Minimum Limits of Insurance. Contractor shall maintain limits no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (Non- owned, Hired Car). Workers' Compensation and Employers Liability: 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, $500,000 disease each employee. Waiver of Subrogation in lieu of Additional Insured is required. B. 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, C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 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. b. The Contractor's insurance coverage shall be primary insurance as respects the County, 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 AGREEMENT BETWEEN LEON COUNTY, FLORIDA 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, officials, employees or volunteers. d. The Contractor's insurance shall apply separately to each insured against whom claims 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return 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 A:VII. 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. 8. 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 AGREEMENT BETWEEN LEON COUNTY, FLORIDA AND PUBLIC RESTROOM COMPANY BC- 07- 16 -09 -51 intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this agreement. The County may, at its sole option, defend itself or required the Contractor to provide the defense, The Contractor acknowledges 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 officials, officers and employees. It is understood that the Contractors responsibility to indemnify and defend the County, it officials, officers and employees is limited to the Contractors proportionate share of liability caused by the negligent acts or omissions 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. b. 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. C. 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. 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(f)(1 0), 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 discretion of the County, result in any one or any combination of the following: (1) the provider being deemed in breach or default of this 4 AGREEMENT BETWEEN LEON COUNTY, FLORIDA AND PUBLIC RESTROOM COMPANY BC- 07- 16 -09 -51 Agreement; (2) the withholding of payments to the provider by the County; and (3) the termination of this Agreement for cause. 14. FINAL INSPECTION The Contractor shall maintain all work in first -class 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 Engineer, 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 all materials have been furnished, all work performed and all construction contemplated by the Agreement satisfactorily completed, a written notice of final acceptance will be given to the Contractor. 15. GUARANTEE OF WORK Except as otherwise specified, all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment or workmanship for one (1) year from the date of final acceptance in writing by the Director of Parks & Recreation. No express warranty or guarantee contained herein shall in any way limit, avoid, displace, or modify any implied warranties 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 opinion 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. C. Make good any work or materials, or the equipment and contents or structures or site disturbed in fulfilling any such guarantee. 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 (10) 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 AGREEMENT BETWEEN LEON COUNTY, FLORIDA AND PUBLIC RESTROOM COMPANY BC- 07- 16 -09 -51 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 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. TERMINATION Leon County may terminate this Agreement without cause, by giving the Contractor thirty (30) days written 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 written 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. 17. PUBLIC ENTITY CRIMES STATEMENT In accordance with Section 287.133, 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. 18. NON - WAIVER 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 declare this Agreement terminated shall not constitute a general waiver or relinquishment 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. 19. 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. 20. VENUE Venue for all actions arising under this Agreement shall lie in Leon County, Florida. 21. 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. 11 AGREEMENT BETWEEN LEON COUNTY, FLORIDA 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. CONTRACTOR � 1 WITNESS: BY:• t� WITNESS: ,t'G� DATE (CORPORATE SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this J day of k , 200. ! By f l V ofjl �'1'tL11�, (Name of officer or agent, title of o1ficer o agent) (Name of corporation acknowledging) a�{ corporation, on behalf of the corporation. He /she is erp sonally (State or place of incorporation) knowner to me or has produced N\j ou as identification. (type of identification) ! /l /IIIINy1111111NN11N1111111N1 N1 N11N1N111N1NN11NIN111111N1 IN.NN1N11111111 MARIE L. HUNT Notary Public • State of Nevada 1�A�1"p__�•pdn WA Recd "�+idd��e�,dd in Watt�'o Carry IINI ,NwNNo. 92IN11 ININIIM!/+�NIII,I IMN30, 201 MI, 111111,1111, 11 t i Signature of Notary Print, Type or Stamp Name of Notary Title or Rank Serial Number, If Any AGREEMENT BETWEEN LEON COUNTY, FLORIDA AND PUBLIC RESTROOM COMPANY BC- 07- 16 -09 -51 ATTEST: LEON COUNTY, FLORIDA BY: Parwez Alam County Administrator DATE:_ BOB INZER, RK OF THE COURT LEON COU , FLORIDA By: APPROVED S TO FORM: LEON COU Y ATTORNEY'S OFFICE By: Herbert W.A. Thiele, Esq. County Attorney Exhlblt A Page 1 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 Location: 2284 Miccosukee Road, Tallahassee, Florida 32308 INSTRUCTION TO BIDDERS To Insure Acceptance of Your Bid, Please Follow These Instructions: Items listed on the bid checklist in this form and all other items required within this invitation to bid must be executed and /or submitted in a sealed envelope. Address your sealed envelope as follows: Bid No: BC- 07- 16 -09 -51 Board of County Commissioners Leon County Purchasing Division 2284 Miccosukee Road Tallahassee, Florida 32308 2. Bid must be typed or printed in ink. All corrections made by the bidder prior to the opening must be initialed and dated by the bidder. No changes or corrections will be allowed after bids are opened. 3. Bid must contain an original, manual signature of an authorized representative of the company. 4. The bid opening shall be public on the date and time specified on the bid. It is the bidder's responsibility to assure that the bid is delivered at the proper time and location. Bids which are received after the bid opening time will be returned unopened to the bidder. 5. Bidders are expected to examine the specifications, delivery schedule, bid prices and extensions and all general and special conditions of the bid prior to submission. In case of error in price extension, the unit price will govern. 6. If you are not submitting a bid but wish to remain on our bid list, please return the "Statement of No Bid" form and provide an explanation in detail where requested. 7. Special Accommodation: Any person requiring a special accommodation at a Pre -Bid Conference or Bid /RFP opening because of a disability should call the Division of Purchasing at (850) 606 -1600 at least five (5) workdays prior to the Pre -Bid Conference or Bid /RFP opening, If you are hearing or speech impaired, please contact the Purchasing Division by calling the County Administrator's Office using the Florida Relay Service which can be reached at 1(800) 955 -8771 (TDD). NOTE: ANY AND ALL CONDITIONS OR REQUIREMENTS ATTACHED HERETO WHICH VARY FROM THE INSTRUCTIONS TO BIDDERS WILL BE PRECEDENT. Exhibit A Page 2 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -61 Ooenina Date: Thursdav, July 16, 2009 PURPOSE: Leon County is seeking the services of a qualified contractor to provide Prefabricated Concrete Flush Toilet Buildings, on a Continuing Supply basis. Pre - fabricated buildings shall be constructed according to the plans and specification supplied, no substitutes, equals, or alternates shall be allowed. Pre- fabricated buildings shall be placed on owner's site as outlined in paragraph 9.0, B, of the attached specifications. As a convenience to our customers, Plans and specifications may be reviewed on the County internet site at: http: / /www.leoncountyfl.gov /Purchasing /Plan &Specs /index. asp The finished products shall be, in place, fully functional, complete, turn -key buildings in one of the configurations contained in the specifications. There are 14 different configurations listed and all are FOB installed on owner's site. However, Leon County reserves the right to negotiate with the successful bidder for alternate design specification, or configurations not specifically listed for Flush Toilet buildings. With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other governmental agencies or political subdivisions. Such purchases shall be governed by the same pricing, terms and conditions stated herein with no deviations allowed. This agreement in no way restricts or interferes with the right of any public agency or political subdivision to bid any or all of the items or services independently. The Agreement resulting from this solicitation is anticipated to be for a period of three (3) years, commencing approximately on August 1, 2009, and shall continue until July 31, 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, Upon written request from the vendor no less than 45 days prior to each anniversary date of the agreement, and at the discretion of the County, an annual price increase may be negotiated. It is the intent of the County to not allow a price increase greater than the Consumer Price Index for All Consumers (CPI -U) for the latest twelve month period reported at the time of request. In the event of an extraordinary factor (such an increase in the federal minimum wage) occurring out of the annual cycle, the County may consider a price adjustment on a case -by -case basis upon the written request of the contractor. All price increases shall be at the sole discretion of the County. QUESTIONS: The last day to submit questions for clarifications is Wednesday, July 8, 2009. BID DEADLINE: Bid must be submitted no later than July 16, 2009 at 2:00 PM. OFFEROR REGISTRATION: Offerors who obtain solicitation documents from sources other than the Leon County Purchasing Division or Demandstar.com MUST officially register with the County Purchasing Division in order to be placed on the planholders list for the solicitation. This list is used for communications from the County to prospective Offerors. Also, Offerors should be aware that solicitation documents obtained from sources other than those listed above may be drafts, incomplete, or in some other fashion different from the official solicitation Exhibit A Page 3 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 document(s). Failure to register as a prospective Offeror through the Purchasing Division or online through Demandstar.com may cause your submittal to be rejected as non - responsive. BID INFORMATION AND CLARIFICATION: Questions pertaining to bid procedures or regarding the specifications should be addressed to Keith Roberts or Don Tobin, phone(850) 606 -1600; fax (850) 606 -1601; E -mail robertsk(Meoncountyfl.gov or tobind anleoncountyfl -gov. Written inquiries are preferred. Each Vendor shall examine the Bidding Documents carefully; and, no later than seven days prior to the date for receipt of bids, he shall make a written request to the Owner for interpretations or corrections of any ambiguity, inconsistency or error which he may discover. All interpretations or corrections will be issued as addenda. The County will not be responsible for oral clarifications. No negotiations, decisions or actions shall be initiated or executed by the proposer as a result of any discussions with any County employee prior to the opening of proposals. Only those communications which are in writing from the County may be considered as a duly authorized expression on the behalf of the Board. Also, only communications from firms which are in writing and signed will be recognized by the Board as duly authorized expressions on behalf of proposers. PROHIBITED COMMUNICATIONS Any Form of communication, except for written correspondence, shall be prohibited regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: 1. Any person or person's representative seeking an award from such competitive solicitation; and 2. Any County Commissioner or Commissioner's staff, or any county employee authorized to act on behalf of the Commission to award a particular contract. For the purpose of this section, a person's representative shall include, but not be limited to, the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. The prohibited communication shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The provisions of this section shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, contract negotiations during any public meetings, presentations made to the Board, and protest hearings. Further, the provisions of this section shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with any employee, County Commissioner, or decision - making board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. The provisions of this section shall terminate at the time the Board, or a County department authorized to act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. Exhibit A Page 4 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 The penalties for an intentional violation of this article shall be those specified in §125.69(1), Florida Statutes, as amended, and shall be deemed supplemental to the penalties set forth in Section 1 -9 of the Code of Laws, Leon County, Florida. PREPARATION AND SUBMISSION OF BID: Each Vendor shall submit Bid Prices and other requested information, including alternates or substitutions if allowed by this invitation to bid, on the proper forms and in the manner herein prescribed. Any erasures or other corrections in the Bid must be explained or noted over the signature of the Vendor. Bids containing any conditions or irregularities of any kind may be rejected by the County. All bids must be submitted in a sealed envelope or other appropriate container. Facsimiles will not be accepted. It is the intention of the County to award this bid based on the low total bid price and /or other criteria herein contained meeting all specifications. PLANHOLDERS As a convenience to vendors, Leon County has made available via the internet lists of all registered planholders for each bid or request for proposals. The information is available on -line at http: / /www.leoncountyfl..Qov /Purchasing /Bid.asp by simply clicking the planholder link to the right of the respective solicitation. A listing of the registered vendors with their telephone and fax numbers is designed to assist vendors in preparation of their responses. ADDENDA TO SPECIFICATIONS If any addenda are issued after the initial specifications are released, the County will post the addenda on the Leon County website at http: / /www.leoncountyfl.,gov /purchasing /addenda /index.asp, For those projects witl� separate plans, blueprints, or other materials that cannot be accessed through the internet, the Purchasing Division will make a good faith effort to ensure that all registered bidders (those vendors who have been registered as receiving a bid package) receive the documents. It is the responsibility of the vendor prior to submission of any bid to check the above website or contact the Leon County Purchasing Division at (850) 606 -1600 to verify any addenda issued. The receipt of all addenda must be acknowledged on the bid response sheet. UNAUTHORIZED ALIEN(S) The Contractor agrees that unauthorized aliens shall not be employed nor utilized in the performance of the requirements of this solicitation. The County shall consider the employment or utilization of unauthorized aliens a violation of Section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a). Such violation shall be cause for unilateral termination of this Agreement by the County. As part of the response to this solicitation, please complete and submit the attached form "AFFIDAVIT CERTIFICATION IMMIGRATION LAWS," COUNTY MINORITY AND WOMEN BUSINESS ENTERPRISE (MWBE) PROGRAM: A Minority and Women Business Enterprise target is not associated with this proposal due to a lack of availability of certified MWBE's in Leon, Gadsden, Jefferson or Wakulla counties, or the MWBE target for this category has currently been achieved by Leon County. The purpose of the Minority and Women -Owned Business Enterprise (MWBE) Program is to effectively communicate Leon County procurement and contracting opportunities, through enhanced business relationships, to end disparity and to increase participation opportunities for certified minority and women - owned business enterprises in a competitive environment. This program shall; Exhibit A Page 5 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 1. Eliminate any policies and /or procedural barriers that inhibit MBE and WBE participation in our procurement process. 2. Establish targets designed to increase MBE and WBE utilization proportionate to documented under utilization. 3. Provide increased levels of information and assistance available to MBE's and WBE's businesses. 4. Implement mechanisms and procedures for monitoring MBE and WBE compliance by prime contractors. For additional information regarding Leon County's Minority, Women and Small Business Enterprise Policy, or to obtain a listing of certified MWBE's; please contact Iranetta Burnett, MWSBE Director, at 2284 Miccosukee Road, Tallahassee, FL 32308, by telephone at (850) 606 -1650; fax (850) 606 -1651 or by a -mail burnetti @Ieoncountvfl.gov. OCCUPATIONAL LICENSES AND REGISTRATIONS: The contractor shall be responsible for obtaining and maintaining throughout the contract period his or her 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. Every vendor submitting a bid on this invitation for bids shall include a copy of the company's local business or occupational license(s) or a written statement on letterhead indicating the reason no license exists. Leon County, Florida -based businesses are required to purchase an Occupational License to conduct business within the County. Vendors residing or based in another state or municipality, but maintaining a physical business facility or representative in Leon County, may also be required to obtain such a license by their own local government entity or by Leon County. For information specific to Leon County occupational licenses please call (850) 488 -4735. If the contractor is operating under a fictitious name as defined in Section 865.09, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the bid. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulation or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and /or proof of current active status with the Division of Corporations of the State of Florida or such other state as applicable. Failure to provide the above required documentation may result in the bid being determined as non- responsive. LOCAL PREFERENCE IN PURCHASING AND CONTRACTING 1. Preference in bidding. In purchasing of, or letting of contracts for procurement of, personal property, materials, contractual services, and construction of improvements to real property or existing structures in which pricing is the major consideration, the authorized purchasing authority of Leon County may give a preference to local businesses in making such purchase or awarding such contract, as follows: a) Individuals or firms which have a home office located within Leon, Gadsden, Wakulla, or Jefferson County, and which meet all of the criteria for a local business as set forth in this article, shall be given a preference in the amount of five percent of the bid price. Exhibit A Page 6 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 b) Individuals or firms which do not have a home office located within Leon, Gadsden, Wakulla, or Jefferson County, and which meet all of the criteria for a local business as set forth in this article, shall be given a preference in the amount of three percent of the bid price. The maximum cost differential shall not exceed $20,000.00. Total bid price shall include the base bid and all alternatives or options to the base bids which are part of the bid and being recommended for award by the appropriate authority. 2. Local business definition. For purposes of this section, "local business" shall mean a business which: a) Has had a fixed office or distribution point located in and having a street address within Leon, Gadsden, Wakulla, or Jefferson County for at least six (6) months immediately prior to the issuance of the request for competitive bids or request for proposals by the County; and b) Holds any business license required by the County, and, if applicable, the City of Tallahassee; and C) Is the principal offeror who is a single offeror; a business which is the prime contractor and not a subcontractor; or a partner or joint venturer submitting an offer in conjunction with other businesses. 3. Certification. Any vendor claiming to be a local business as defined, shall so certify in writing to the Purchasing Division. The certification shall provide all necessary information to meet the requirements of above. The Local Vendor Certification Form is enclosed. The purchasing agent shall not be required to verify the accuracy of any such certifications, and shall have the sole discretion to determine if a vendor meets the definition of a "local business." PAYMENT: The County shall make payment to the Contractor within thirty (30) days of receipt and approval of invoices. The form of payment for this Contract may be through a County- issued purchase order and a check upon receipt and approval of invoices, or through a government credit card. Leon County has implemented a purchasing card program, using the Visa platform. Contractors may receive payment from County personnel by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory under this solicitation. STATUS The Contractor shall at all times, relevant to this contract, be an independent contractor and in no event shall the Contractor, nor any employees or sub - contractors under it, be considered to be employees of Leon County. INSURANCE: Bidders' attention is directed to the insurance requirements below. Bidders should confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. The Insurance Certification Form attached hereto is to be completed and submitted as part of your bid response. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Exhibit A Page 7 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 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 bid. Minimum Limits of Insurance. Contractor shall maintain limits no less than: a. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (Non- owned, Hired Car). C. Workers' Compensation and Employers Liability: Workers' Compensation insurance covering all employees and meeting statutory requirements 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, $500,000 disease each employee. Waiver of Subrogation in lieu of Additional Insured is required. 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: a. General Liability and Automobile Liability Coverages (County is to be named as Additional Insured). 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. 2. The Contractor's insurance coverage shall be primary insurance as respects the County, 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 insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the county, its officers, officials, employees or volunteers. Exhibit A Page 8 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 4. The Contractor's insurance shall apply separately to each insured against whom claims is made or suit is brought, except with respect to the limits of the insurer's liability. b. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the County. 4. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A :VII. 5. 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. Certificates of Insurance acceptable to the County shall be filed with the County prior to the commencement of the work. These policies described above, and any certificates shall specifically name the County as an additional Insured and shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days prior to written notice has been given to the County. Cancellation clauses for each policy should read as follows: Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the Certificate Holder named herein. 6. 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. REJECTION OF BIDS: The Owner reserves the right to reject any and /or all bids when such rejection is in the best interest of the Owner. RECEIPT AND OPENING OF BIDS: Bids will be opened publicly at the time and place stated in the Invitation to Bid. The person whose duty it is to open them will decide when the specified time has arrived and no bids received thereafter will be considered. No responsibility shall be attached to any person for the premature opening of a Bid not properly addressed and identified. At the time fixed for the opening of bids, the contents of the bid form will be made public for the information of vendors and other interested parties who may be present either in person or by representative. Exhibit A Page 9 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC -07 -16 -09.51 Opening Date: Thursday, July 16, 2009 WITHDRAWAL OF BIDS: Bids may be withdrawn by written or telegraphic request received from Vendors prior to the time fixed for opening. Negligence on the part of the Vendor in preparing the Bid confers no right for the withdrawal of the bid after it has been opened. AWARD OF BIDS: The bid /proposal will be awarded as soon as possible to the lowest responsive, responsible bidder, unless otherwise stated elsewhere in this invitation to bid. The County reserves the right to waive any informality in bids /proposals and to award a bid /proposal in whole or in part when either or both conditions are in the best interest of Leon County. Notice of the intended award is provided through an agenda item to the Board of County Commissioners containing a recommendation of award. The agenda for each meeting of the County Commission is available on the County website at www.leoncountvfl.gov. A vendor may request, in their bid submittal, a copy of the bid tabulation sheet to be mailed in a vendor provided, stamped self- addressed envelope for their record. AGREEMENT: After the bid award, the County will, at its option, prepare a purchase order or an agreement specifying the terms and conditions resulting from the award of this bid. Every procurement of contractual services shall be evidenced by a written agreement. The vendor will have five calendar days after receipt to acknowledge the purchase order or execute the agreement. The performance of Leon County of any of its obligations under the purchase order or agreement shall be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the purchase order or agreement for the current and any future periods provided for within the bid specifications. AUDITS, RECORDS, AND RECORDS RETENTION The Contractor agrees: 1. 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 contract. 2. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of the contract, 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 contract. 3. Upon completion or termination of the contract 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 & 2 above. 4. 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. 5. Persons duly authorized by the County and Federal auditors, pursuant to 45 CFR, Part 92.36(1)(10), Exhibit A Page 10 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 shall have full access to and the right to examine any of provider's contract and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained. 6. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 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 contract, and interview any clients and employees of the provider to assure the County of satisfactory performance of the terms and conditions of this contract, 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 contract. 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 discretion of the County, result in any one or any combination of the following: (1) the provider being deemed in breach or default of this contract; (2) the withholding of payments to the provider by the County; and (3) the termination of this contract for cause. RIGHT TO INSPECT PLANT The County may, at its discretion, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded, or to be awarded, by Leon County. The right expressed herein shall be included in all contracts or subcontracts that involve the performance of any work or service involving Leon County. BID CHALLENGE: Any bid award recommendation may be challenged on the grounds of irregularities in the specifications, bid procedure, or the evaluation of the bid. Such notice of intent of bid challenge shall be made in writing to the Purchasing Director within 72 hours (excluding weekends and holidays) after receipt of the intended recommendation of award. Challenger shall file a formal written bid challenge within 10 days after the date in which the notice of intent of bid challenge has been submitted. Failure to file a notice of intent of bid challenge or failure to file a formal written bid challenge shall constitute a waiver of all rights granted under this section. The vendor shall be responsible for inquiring as to any and all award recommendation /postings. Should concerns or discrepancies arise during the bid process, vendors are encouraged to contact the Purchasing Division prior to the scheduled bid opening. Such matters will addressed and /or remedied prior to a bid opening or award whenever practically possible. Vendors are not to contact departments /divisions regarding the vendor complaint. At the time fixed for the opening of bids, the contents of the Bid Form will be made public for the information of vendors and other interested parties, who may be present either in person or by representatives. TERMINATION Leon County may terminate this Contract without cause, by giving the Contractor thirty (30) days written notice of termination. Either party may terminate this Contract for cause by giving the other party hereto Exhibit A Page I I of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 thirty (30) days written notice of termination. The County shall not be required to give Contractor such thirty (30) day written 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 Contract by mailing a notice of termination to the seller. PENALTIES: BIDS MAY BE REJECTED AND /OR VENDOR(S) DISQUALIFIED FOR THE FOLLOWING REASONS: Consistent failure to respond to bid invitation for three (3) consecutive instances. 2. Failure to update the information on file including address, product, service or business descriptions. 3. Failure to perform according to contract provisions. 4. Conviction in a court of law of any criminal offense in connection with the conduct of business. 5. Clear and convincing evidence of a violation of any federal or state anti -trust law based on the submission of bids or proposals, or the awarding of contracts. 6. Clear and convincing evidence that the vendor has attempted to give a Board employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the Board's purchasing activity. 7. Other reasons deemed appropriate by the Board of County Commissioners. PUBLIC ENTITY CRIMES STATEMENT: 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 of real property to a public entity, may not be awarded or perform work as a contractor, 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. Bidder must complete and submit as part of the bid response the attached "IDENTICAL TIE BID" form. Failure to submit a completed form may result in the bid being determined as non - responsive. Exhlbit A Page 12 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 WARRANTIES: Bidder will warrant title to all goods sold and such warranty may not: 1. Be for a period less than five (5) years. 2. Limit the County's remedies under Chapter 672, Florida Statutes; 3. Exclude or modify a warranty of merchantability as provided for in Section 672.314, Florida Statutes; or 4. Exclude or modify a warranty of fitness as provided for in Section 672.315, Florida Statutes. WORK Contractor understands that no amount of work is guaranteed to it nor is the County under an obligation to utilize the services of the Contractor in those instances where the work to be performed can be done by County personnel or under separate contract. 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. PERMITS The Contractor shall pay for and obtain all necessary permits as required by law. ASSIGNMENT This contract 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. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold harmless the County, its officials, officers, employees and agents, from and against any and all claims, damages, liabilities, losses, costs, or suits of any nature whatsoever arising out of, because of, or due to any acts or omissions of the Contractor, its delegates, employees and agents, arising out of or under this Agreement, including reasonable attorney's fees, The County may, at its sole option, defend itself or require the Contractor to provide the defense. The Contractor acknowledges that ten dollars ($10,00) of the amount paid to the Contractor is sufficient consideration for the Contractor's indemnification of the County. ETHICAL BUSINESS PRACTICES A. Gratuities, It shall be unethical for any person to offer, give, or agree to give any County employee, or for any County employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or performing in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, subcontract, or to any solicitation or proposal therefor. Exhibit A Page 13 of 15 Bid Title; Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 B. Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. C. The Board reserves the right to deny award or immediately suspend any contract resulting from this proposal pending final determination of charges of unethical business practices. At its sole discretion, the Board may deny award or cancel the contract if it determines that unethical business practices were involved. BID CHECKLIST: Please submit the items on the following list and any other items required by any section of this invitation for bids. The checklist is provided as a courtesy and may not be inclusive of all items required within this Invitation for bids. Completed Bid Response Sheet with Manual Signature Affidavit Immigration Laws Minority/Women Business Enterprise Participation Plan /Good Faith Statement Identical Tie Bid Statement Insurance Certification Form Contractor's Business Information Form Non Collusion Affidavit Certification /Debarment Form Applicable Licenses /Registrations Exhibit A Page 14 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16 2009 BID RESPONSE SHEET The Board of County Commissioners, Leon County, reserves the right to accept or reject any and /or all bids in the best interest of Leon County. Keith M. Roberts Purchasing Director Bryan Desloge Chairman This proposal is submitted by the below named firmlindividual by the undersigned authorized representative. BY ADDRESS TELEPHONE FAX ADDENDA ACKNOWLEDGMENTS: (IF APPLICABLE) Addendum #1 dated Initials Addendum #2 dated Initials Addendum #3 dated Initials (Firm Name) (Authorized Representative) (Printed or Typed Name) Exhibit A Page 15 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07.16 -09 -51 Ooenina Date: Thursday. Julv 16, 2009 BID SHEET (Bids are FOB Installed at Owner's Site) 1. Floor Plan with Two Fixtures $ 2. Floor Plan with Two Fixtures & Storage Area $ 3. Floor Plan with Four Fixtures & Four Entrances $ 4. Floor Plan with Four Fixtures 5. Floor Plan with Four Fixtures & Wing Wall Entrance $ 6. Floor Plan with Four Fixtures & Wing Wall Entrance & Roof $ 7. Floor Plan with Four Fixtures & Four Entrances $ 8. Cost to add 10' storage area to Floor Plan #4, 5, or 6 (No Plan) $ 9. Floor Plan with Four Fixtures & Concession $ 10. Floor Plan with Six Fixtures 11. Floor Plan with Six Fixtures & Storage Area $ 12. Cost to add wing walls with roof to Floor Plan #9 or 10 (No Plan) $ 13. Floor Plan with Six Fixtures & Concession 14. Floor Plan with Six Fixtures & Three Showers $ LEON COUNTY PURCHASING DIVISION, BID TABULATION SHEET BC- 07- 16 -09 -51 Exhibit Page 1 of I Bid: Pre - Fabricated Concrete Flush Toilet Buildings Opening: Thursday, July 16, 2009 at 2:00 PM c • : %, / W' �� _1 ItemNendor C • Manual SI nature Tie Bid Statement L°S Affidavit Immigration Non - Collusion Contractor Business Insurance certification es Debarment 5 Item #1 L4 0 , 5&n. Item *2 Item #3 �S 5 Item #4 Owl./(�,5q' 0 Item #5 . (� "l J�a• b Item #6 31 �. 33• DO Item #7 7 333. rl' Q 3• b 0 Item #8 ('9 U 0 Item #9 % �O Item #10 3 % (o� %, J �, UO Item #11 d 5S �` dd Item #12 b (o Item #13 a,b l5 Item #14 ?J �� ry Alternate A Alternate B No Bid Statement c • : %, / W' �� _1 Exhibit A Page 1 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07.16 -09 -51 Opening Date: Thursday, July 16, 2009 Location: 2284 Miccosukee Road, Tallahassee, Florida 32308 INSTRUCTION TO BIDDERS To Insure Acceptance of Your Bid, Please Follow These Instructions: Items listed on the bid checklist in this form and all other items required within this invitation to bid must be executed and /or submitted in a sealed envelope. Address your sealed envelope as follows: Bid No: B C- 07- 16 -09 -51 Board of County Commissioners Leon County Purchasing Division 2284 Miccosukee Road Tallahassee, Florida 32308 2. Bid must be typed or printed in ink. All corrections made by the bidder prior to the opening must be initialed and dated by the bidder. No changes or corrections will be allowed after bids are opened. 3, Bid must contain an original, manual signature of an authorized representative of the company. 4. The bid opening shall be public on the date and time specified on the bid. It is the bidder's responsibility to assure that the bid is delivered at the proper time and location. Bids which are received after the bid opening time will be returned unopened to the bidder. 5. Bidders are expected to examine the specifications, delivery schedule, bid prices and extensions and all general and special conditions of the bid prior to submission. In case of error in price extension, the unit price will govern. 6. If you are not submitting a bid but wish to remain on our bid list, please return the "Statement of No Bid" form and provide an explanation in detail where requested. 7, Special Accommodation: Any person requiring a special accommodation at a Pre -Bid Conference or Bid /RFP opening because of a disability should call the Division of Purchasing at (850) 606 -1600 at least five (5) workdays prior to the Pre -Bid Conference or Bid /RFP opening. If you are hearing or speech impaired, please contact the Purchasing Division by calling the County Administrator's Office using the Florida Relay Service which can be reached at 1(800) 955 -8771 (TDD). NOTE: ANY AND ALL CONDITIONS OR REQUIREMENTS ATTACHED HERETO WHICH VARY FROM THE INSTRUCTIONS TO BIDDERS WILL BE PRECEDENT. Exhibit A Page 2 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 PURPOSE: Leon County is seeking the services of a qualified contractor to provide Prefabricated Concrete Flush Toilet Buildings, on a Continuing Supply basis. Pre - fabricated buildings shall be constructed according to the plans and specification supplied, no substitutes, equals, or alternates shall be allowed. Pre - fabricated buildings shall be placed on owner's site as outlined in paragraph 9.0, B, of the attached specifications. As a convenience to our customers, Plans and specifications may be reviewed on the County internet site at: http: / /www.leoncountyfl.gov/ Purchasing /Plan &Specs /index.asp The finished products shall be, in place, fully functional, complete, turn -key buildings in one of the configurations contained in the specifications. There are 14 different configurations listed and all are FOB installed on owner's site. However, Leon County reserves the right to negotiate with the successful bidder for alternate design specification, or configurations not specifically listed for Flush Toilet buildings. With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other governmental agencies or political subdivisions. Such purchases shall be governed by the same pricing, terms and conditions stated herein with no deviations allowed. This agreement in no way restricts or interferes with the right of any public agency or political subdivision to bid any or all of the items or services independently. The Agreement resulting from this solicitation is anticipated to be for a period of three (3) years, commencing approximately on August 1, 2009, and shall continue until July 31, 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. Upon written request from the vendor no less than 45 days prior to each anniversary date of the agreement, and at the discretion of the County, an annual price increase may be negotiated. It is the intent of the County to not allow a price increase greater than the Consumer Price Index for All Consumers (CPI -U) for the latest twelve month period reported at the time of request. In the event of an extraordinary factor (such an increase in the federal minimum wage) occurring out of the annual cycle, the County may consider a price adjustment on a case -by -case basis upon the written request of the contractor. All price increases shall be at the sole discretion of the County. QUESTIONS: The last day to submit questions for clarifications is Wednesday, July 8, 2009. BID DEADLINE: Bid must be submitted no later than July 16, 2009 at 2 :00 PM. OFFEROR REGISTRATION: Offerors who obtain solicitation documents from sources other than the Leon County Purchasing Division or Demandstar.com MUST officially register with the County Purchasing Division in order to be placed on the planholders list for the solicitation. This list is used for communications from the County to prospective Offerors. Also, Offerors should be aware that solicitation documents obtained from sources other than those listed above may be drafts, incomplete, or in some other fashion different from the official solicitation Exhibit A Page 3 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 document(s). Failure to register as a prospective Offeror through the Purchasing Division or online through Demandstar.com may cause your submittal to be rejected as non - responsive, BID INFORMATION AND CLARIFICATION: Questions pertaining to bid procedures or regarding the specifications should be addressed to Keith Roberts or Don Tobin, phone(850) 606 -1600; fax (850) 606 -1601; E -mail robertskOIeoncountyfi.gov or tobind cD-Ieoncountyfl.gov. Written inquiries are preferred. Each Vendor shall examine the Bidding Documents carefully; and, no later than seven days prior to the date for receipt of bids, he shall make a written request to the Owner for interpretations or corrections of any ambiguity, inconsistency or error which he may discover. All interpretations or corrections will be issued as addenda. The County will not be responsible for oral clarifications. No negotiations, decisions or actions shall be initiated or executed by the proposer as a result of any discussions with any County employee prior to the opening of proposals. Only those communications which are in writing from the County may be considered as a duly authorized expression on the behalf of the Board. Also, only communications from firms which are in writing and signed will be recognized by the Board as duly authorized expressions on behalf of proposers. PROHIBITED COMMUNICATIONS Any Form of communication, except for written correspondence, shall be prohibited regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: 1. Any person or person's representative seeking an award from such competitive solicitation; and 2. Any County Commissioner or Commissioner's staff, or any county employee authorized to act on behalf of the Commission to award a particular contract. For the purpose of this section, a person's representative shall include, but not be limited to, the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. The prohibited communication shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The provisions of this section shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, contract negotiations during any public meetings, presentations made to the Board, and protest hearings. Further, the provisions of this section shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with any employee, County Commissioner, or decision - making board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. The provisions of this section shall terminate at the time the Board, or a County department authorized to act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. Exhlbit A Page 4 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 The penalties for an intentional violation of this article shall be those specified in §125.69(1), Florida Statutes, as amended, and shall be deemed supplemental to the penalties set forth in Section 1 -9 of the Code of Laws, Leon County, Florida, PREPARATION AND SUBMISSION OF BID: Each Vendor shall submit Bid Prices and other requested information, including alternates or substitutions if allowed by this invitation to bid, on the proper forms and in the manner herein prescribed. Any erasures or other corrections in the Bid must be explained or noted over the signature of the Vendor. Bids containing any conditions or irregularities of any kind may be rejected by the County. All bids must be submitted in a sealed envelope or other appropriate container. Facsimiles will not be accepted. It is the intention of the County to award this bid based on the low total bid price and /or other criteria herein contained meeting all specifications. PLANHOLDERS As a convenience to vendors, Leon County has made available via the internet lists of all registered planholders for each bid or request for proposals. The information is available on -line at http: / /www.leoncountyfl.gov /Purchasing /Bid.asp by simply clicking the planholder link to the right of the respective solicitation. A listing of the registered vendors with their telephone and fax numbers is designed to assist vendors in preparation of their responses. ADDENDA TO SPECIFICATIONS If any addenda are issued after the initial specifications are released, the County will post the addenda on the Leon County website at http: / /www.leoncountyfl.gov /purchasing /addenda /index.asp, For those projects with separate plans, blueprints, or other materials that cannot be accessed through the internet, the Purchasing Division will make a good faith effort to ensure that all registered bidders (those vendors who have been registered as receiving a bid package) receive the documents. It is the responsibility of the vendor prior to submission of any bid to check the above website or contact the Leon County Purchasing Division at (850) 606 -1600 to verify any addenda issued. The receipt of all addenda must be acknowledged on the bid response sheet. UNAUTHORIZED ALIEN(S) The Contractor agrees that unauthorized aliens shall not be employed nor utilized in the performance of the requirements of this solicitation. The County shall consider the employment or utilization of unauthorized aliens a violation of Section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a). Such violation shall be cause for unilateral termination of this Agreement by the County. As part of the response to this solicitation, please complete and submit the attached form "AFFIDAVIT CERTIFICATION IMMIGRATION LAWS." COUNTY MINORITY AND WOMEN BUSINESS ENTERPRISE (MWBE) PROGRAM: A Minority and Women Business Enterprise target is not associated with this proposal due to a lack of availability of certified MWBE's in Leon, Gadsden, Jefferson or Wakulla counties, or the MWBE target for this category has currently been achieved by Leon County. The purpose of the Minority and Women -Owned Business Enterprise (MWBE) Program is to effectively communicate Leon County procurement and contracting opportunities, through enhanced business relationships, to end disparity and to increase participation opportunities for certified minority and women - owned business enterprises in a competitive environment. This program shall: Exhlblt A Page 5 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16 2009 1. Eliminate any policies and /or procedural barriers that inhibit MBE and WBE participation in our procurement process. 2. Establish targets designed to increase MBE and WBE utilization proportionate to documented under utilization. 3. Provide increased levels of information and assistance available to MBE's and WBE's businesses. 4. Implement mechanisms and procedures for monitoring MBE and WBE compliance by prime contractors. For additional information regarding Leon County's Minority, Women and Small Business Enterprise Policy, or to obtain a listing of certified MWBE's; please contact Iranetta Burnett, MWSBE Director, at 2284 Miccosukee Road, Tallahassee, FL 32308, by telephone at (850) 606 -1650; fax (850) 606 -1651 or by e-mail burnettiD- Ieoncountvfl.aov. OCCUPATIONAL LICENSES AND REGISTRATIONS: The contractor shall be responsible for obtaining and maintaining throughout the contract period his or her 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. Every vendor submitting a bid on this invitation for bids shall include a copy of the company's local business or occupational license(s) or a written statement on letterhead indicating the reason no license exists. Leon County, Florida -based businesses are required to purchase an Occupational License to conduct business within the County. Vendors residing or based in another state or municipality, but maintaining a physical business facility or representative in Leon County, may also be required to obtain such a license by their own local government entity or by Leon County. For information specific to Leon County occupational licenses please call (850) 488 -4735. If the contractor is operating under a fictitious name as defined in Section 865.09, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the bid. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulation or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and /or proof of current active status with the Division of Corporations of the State of Florida or such other state as applicable. Failure to provide the above required documentation may result in the bid being determined as non- responsive. LOCAL PREFERENCE IN PURCHASING AND CONTRACTING 1. Preference in bidding. In purchasing of, or letting of contracts for procurement of, personal property, materials, contractual services, and construction of improvements to real property or existing structures in which pricing is the major consideration, the authorized purchasing authority of Leon County may give a preference to local businesses in making such purchase or awarding such contract, as follows: a) Individuals or firms which have a home office located within Leon, Gadsden, Wakulla, or Jefferson County, and which meet all of the criteria for a local business as set forth in this article, shall be given a preference in the amount of five percent of the bid price. Exhlbit A Page 6 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 b) Individuals or firms which do not have a home office located within Leon, Gadsden, Wakulla, or Jefferson County, and which meet all of the criteria for a local business as set forth in this article, shall be given a preference in the amount of three percent of the bid price. The maximum cost differential shall not exceed $20,000.00. Total bid price shall include the base bid and all alternatives or options to the base bids which are part of the bid and being recommended for award by the appropriate authority. 2. Local business definition. For purposes of this section, "local business" shall mean a business which: a) Has had a fixed office or distribution point located in and having a street address within Leon, Gadsden, Wakulla, or Jefferson County for at least six (6) months immediately prior to the issuance of the request for competitive bids or request for proposals by the County; and b) Holds any business license required by the County, and, if applicable, the City of Tallahassee; and C) Is the principal offeror who is a single offeror; a business which is the prime contractor and not a subcontractor; or a partner or joint venturer submitting an offer in conjunction with other businesses. 3. Certification. Any vendor claiming to be a local business as defined, shall so certify in writing to the Purchasing Division. The certification shall provide all necessary information to meet the requirements of above. The Local Vendor Certification Form is enclosed. The purchasing agent shall not be required to verify the accuracy of any such certifications, and shall have the sole discretion to determine if a vendor meets the definition of a "local business." PAYMENT: The County shall make payment to the Contractor within thirty (30) days of receipt and approval of invoices. The form of payment for this Contract may be through a County- issued purchase order and a check upon receipt and approval of invoices, or through a government credit card. Leon County has implemented a purchasing card program, using the Visa platform. Contractors may receive payment from County personnel by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory under this solicitation. STATUS The Contractor shall at all times, relevant to this contract, be an independent contractor and in no event shall the Contractor, nor any employees or sub - contractors under it, be considered to be employees of Leon County, INSURANCE: Bidders' attention is directed to the insurance requirements below. Bidders should confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. The Insurance Certification Form attached hereto is to be completed and submitted as part of your bid response. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Exhlbit A Page 7 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 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 bid. Minimum Limits of Insurance. Contractor shall maintain limits no less than: a. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (Non- owned, Hired Car). C. Workers' Compensation and Employers Liability: Workers' Compensation insurance covering all employees and meeting statutory requirements 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, $500,000 disease each employee. Waiver of Subrogation in lieu of Additional Insured is required. 2. 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. 3. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverages (County is to be named as Additional Insured). 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 County, 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 insurance and shall not contribute with it, Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the county, its officers, officials, employees or volunteers. Exhibit A Page 8 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 4. The Contractor's insurance shall apply separately to each insured against whom claims is made or suit is brought, except with respect to the limits of the insurer's liability. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the County. 4. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. 5. 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. Certificates of Insurance acceptable to the County shall be filed with the County prior to the commencement of the work. These policies described above, and any certificates shall specifically name the County as an additional Insured and shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days prior to written notice has been given to the County. Cancellation clauses for each policy should read as follows: Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the Certificate Holder named herein. 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. REJECTION OF BIDS: The Owner reserves the right to reject any and /or all bids when such rejection is in the best interest of the Owner. RECEIPT AND OPENING OF BIDS: Bids will be opened publicly at the time and place stated in the Invitation to Bid. The person whose duty it is to open them will decide when the specified time has arrived and no bids received thereafter will be considered. No responsibility shall be attached to any person for the premature opening of a Bid not properly addressed and identified. At the time fixed for the opening of bids, the contents of the bid form will be made public for the information of vendors and other interested parties who may be present either in person or by representative. Exhibit A Page 9 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -61 ODenina Date: Thursday. July 16. 2009 WITHDRAWAL OF BIDS: Bids may be withdrawn by written or telegraphic request received from Vendors prior to the time fixed for opening. Negligence on the part of the Vendor in preparing the Bid confers no right for the withdrawal of the bid after it has been opened, AWARD OF BIDS: The bid /proposal will be awarded as soon as possible to the lowest responsive, responsible bidder, unless otherwise stated elsewhere in this invitation to bid. The County reserves the right to waive any informality in bids /proposals and to award a bid /proposal in whole or in part when either or both conditions are in the best interest of Leon County. Notice of the intended award is provided through an agenda item to the Board of County Commissioners containing a recommendation of award. The agenda for each meeting of the County Commission is available on the County website at www.leoncountvfl.gov. A vendor may request, in their bid submittal, a copy of the bid tabulation sheet to be mailed in a vendor provided, stamped self- addressed envelope for their record. AGREEMENT: After the bid award, the County will, at its option, prepare a purchase order or an agreement specifying the terms and conditions resulting from the award of this bid. Every procurement of contractual services shall be evidenced by a written agreement. The vendor will have five calendar days after receipt to acknowledge the purchase order or execute the agreement. The performance of Leon County of any of its obligations under the purchase order or agreement shall be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the purchase order or agreement for the current and any future periods provided for within the bid specifications, AUDITS. RECORDS, AND RECORDS RETENTION The Contractor agrees: 1. 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 contract. 2. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of the contract, 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 contract. 3. Upon completion or termination of the contract 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& 2 above. 4. 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. Exhibit A Page 10 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 5. 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 contract and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained, 6. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 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 contract, and interview any clients and employees of the provider to assure the County of satisfactory performance of the terms and conditions of this contract, 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 contract. 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 discretion of the County, result in any one or any combination of the following: (1) the provider being deemed in breach or default of this contract; (2) the withholding of payments to the provider by the County; and (3) the termination of this contract for cause. RIGHT TO INSPECT PLANT The County may, at its discretion, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded, or to be awarded, by Leon County. The right expressed herein shall be included in all contracts or subcontracts that involve the performance of any work or service involving Leon County. BID CHALLENGE: Any bid award recommendation may be challenged on the grounds of irregularities in the specifications, bid procedure, or the evaluation of the bid. Such notice of intent of bid challenge shall be made in writing to the Purchasing Director within 72 hours (excluding weekends and holidays) after receipt of the intended recommendation of award. Challenger shall file a formal written bid challenge within 10 days after the date in which the notice of intent of bid challenge has been submitted. Failure to file a notice of intent of bid challenge or failure to file a formal written bid challenge shall constitute a waiver of all rights granted under this section. The vendor shall be responsible for inquiring as to any and all award recommendation /postings. Should concerns or discrepancies arise during the bid process, vendors are encouraged to contact the Purchasing Division prior to the scheduled bid opening. Such matters will addressed and /or remedied prior to a bid opening or award whenever practically possible. Vendors are not to contact departments /divisions regarding the vendor complaint. At the time fixed for the opening of bids, the contents of the Bid Form will be made public for the information of vendors and other interested parties, who may be present either in person or by representatives, Exhibit A Page 11 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Onenina Date: Thursday. Julv 16. 2009 TERMINATION Leon County may terminate this Contract without cause, by giving the Contractor thirty (30) days written notice of termination. Either party may terminate this Contract 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 written 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 Contract by mailing a notice of termination to the seller. PENALTIES: BIDS MAY BE REJECTED AND /OR VENDOR(S) DISQUALIFIED FOR THE FOLLOWING REASONS: 1. Consistent failure to respond to bid invitation for three (3) consecutive instances. 2. Failure to update the information on file including address, product, service or business descriptions. 3. Failure to perform according to contract provisions. 4. Conviction in a court of law of any criminal offense in connection with the conduct of business. 5. Clear and convincing evidence of a violation of any federal or state anti -trust law based on the submission of bids or proposals, or the awarding of contracts. 6. Clear and convincing evidence that the vendor has attempted to give a Board employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the Board's purchasing activity. 7. Other reasons deemed appropriate by the Board of County Commissioners. PUBLIC ENTITY CRIMES STATEMENT: 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 of real property to a public entity, may not be awarded or perform work as a contractor, 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. Bidder must complete and submit as part of the bid response the attached "IDENTICAL TIE BID" form. Failure to submit a completed form may result in the bid being determined as non - responsive. Exhibit A Page 11 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday. July 16, 2009 TERMINATION Leon County may terminate this Contract without cause, by giving the Contractor thirty (30) days written notice of termination. Either party may terminate this Contract 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 written 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 Contract by mailing a notice of termination to the seller. PENALTIES: BIDS MAYBE REJECTED AND /OR VENDOR(S) DISQUALIFIED FOR THE FOLLOWING REASONS: 1. Consistent failure to respond to bid invitation for three (3) consecutive instances. 2. Failure to update the information on file including address, product, service or business descriptions. 3. Failure to perform according to contract provisions. 4. Conviction in a court of law of any criminal offense in connection with the conduct of business. 5. Clear and convincing evidence of a violation of any federal or state anti -trust law based on the submission of bids or proposals, or the awarding of contracts. 6. Clear and convincing evidence that the vendor has attempted to give a Board employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the Board's purchasing activity. 7. Other reasons deemed appropriate by the Board of County Commissioners. PUBLIC ENTITY CRIMES STATEMENT: 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 of real property to a public entity, may not be awarded or perform work as a contractor, 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. Bidder must complete and submit as part of the bid response the attached "IDENTICAL TIE BID" form. Failure to submit a completed form may result in the bid being determined as non - responsive. Exhibit A Page 12 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 WARRANTIES: Bidder will warrant title to all goods sold and such warranty may not: 1. Be for a period less than five (5) years. 2. Limit the County's remedies under Chapter 672, Florida Statutes; 3. Exclude or modify a warranty of merchantability as provided for in Section 672.314, Florida Statutes; or 4. Exclude or modify a warranty of fitness as provided for in Section 672.315, Florida Statutes. WORK Contractor understands that no amount of work is guaranteed to it nor is the County under an obligation to utilize the services of the Contractor in those instances where the work to be performed can be done by County personnel or under separate contract. 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. PERMITS The Contractor shall pay for and obtain all necessary permits as required by law. ASSIGNMENT This contract 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. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold harmless the County, its officials, officers, employees and agents, from and against any and all claims, damages, liabilities, losses, costs, or suits of any nature whatsoever arising out of, because of, or due to any acts or omissions of the Contractor, its delegates, employees and agents, arising out of or under this Agreement, including reasonable attorney's fees, The County may, at its sole option, defend itself or require the Contractor to provide the defense. The Contractor acknowledges that ten dollars ($10.00) of the amount paid to the Contractor is sufficient consideration for the Contractor's indemnification of the County. ETHICAL BUSINESS PRACTICES A. Gratuities, It shall be unethical for any person to offer, give, or agree to give any County employee, or for any County employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or performing in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, subcontract, or to any solicitation or proposal therefor. Exhlbit A Page 13 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 B. Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order, C. The Board reserves the right to deny award or immediately suspend any contract resulting from this proposal pending final determination of charges of unethical business practices, At its sole discretion, the Board may deny award or cancel the contract if it determines that unethical business practices were involved. BID CHECKLIST: Please submit the items on the following list and any other items required by any section of this invitation for bids. The checklist is provided as a courtesy and may not be inclusive of all items required within this invitation for bids. Completed Bid Response Sheet with Manual Signature Affidavit Immigration Laws Minority/Women Business Enterprise Participation Plan /Good Faith Statement Identical Tie Bid Statement Insurance Certification Form Contractor's Business Information Form Non Collusion Affidavit Certification /Debarment Form Applicable Licenses /Registrations Exhibit A Page 14 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 BID RESPONSE SHEET The Board of County Commissioners, Leon County, reserves the right to accept or reject any and /or all bids in the best interest of Leon County, Keith M. Roberts Purchasing Director Bryan Desloge Chairman This proposal is submitted by the below named firm /individual by the undersigned authorized representative. (Firm Name) BY (Authorized Representative) (Printed or Typed Name) ADDRESS TELEPHONE FAX ADDENDA ACKNOWLEDGMENTS: (IF APPLICABLE) Addendum #1 dated Initials Addendum #2 dated Initials Addendum #3 dated Initials Exhibit A Page 15 of 15 Bid Title: Prefabricated Concrete Flush Toilet Buildings, Continuing Supply Bid No: BC- 07- 16 -09 -51 Opening Date: Thursday, July 16, 2009 BID SHEET (Bids are FOB Installed at Owner's Site) 1. Floor Plan with Two Fixtures $ 2. Floor Plan with Two Fixtures & Storage Area $ 3. Floor Plan with Four Fixtures & Four Entrances $ 4. Floor Plan with Four Fixtures $ 5. Floor Plan with Four Fixtures & Wing Wall Entrance $ 6. Floor Plan with Four Fixtures & Wing Wall Entrance & Roof $ 7. Floor Plan with Four Fixtures & Four Entrances $ 8. Cost to add 10' storage area to Floor Plan #4, 5, or 6 (No Plan) $ 9. Floor Plan with Four Fixtures & Concession $ 10. Floor Plan with Six Fixtures $ 11. Floor Plan with Six Fixtures & Storage Area $ 12. Cost to add wing walls with roof to Floor Plan #9 or 10 (No Plan) $ 13. Floor Plan with Six Fixtures & Concession 14. Floor Plan with Six Fixtures & Three Showers $ PUBLIC RESTROOM COMPANY DESIGNING AND BUILDING RESTROOMS ... BETTER" EXHIBIT B FINAL PARK BUILDING PRICE: PGA PARK, CITY OF PALM BEACH GARDENS, FL Date: May 18, 2010 Cost for the restroom /concession building turn -key installed: $208,475 Restroom footings are by others, if required. Bid Scope of Work by Party for OWNER/GENERAL CONTRACTOR SCOPE OF WORK: Preparation of Building Pad: Attached to this document we have provided a pad preparation plan and a pad section/detail. Pad Requirements: 1. Survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size we require is larger than the final actual building footprint. Provide building front corner stakes with 10' offsets. 2. Excavate the existing site to the depth of 14" below finished building floor elevation. 3. Furnish and install compacted to 90% class 2 road base per the attached drawing. 4. Furnish and stock pile within 10' from the building footprint coarse mason sand ready for placement on the pad by our staff after we set and gain approval to cover the underground piping. 5. Some sites may require footings for soils conditions, frost protection, or owner mandated building code requirements. If footings are required for this project, it will be noted on the attached site pad plan and our "Final Quote" and you will be responsible for the site footings. Owner /General verification of site access to allow Building Delivery: You certify to PRC that suitable delivery access to the proposed building site is available. Suitable access is defined as 14' minimum width, 16' minimum height, and sufficient turning radius for a crane and 70' tractor - trailer. Our cost is based upon the crane being able to get within 35' from the building center and for the delivery truck to be no more than 35' from the crane center pick point. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner /General's responsibility for repair and all costs, if damage occurs. If trench plating is required, it shall be the cost responsibility of the Owner /General. If unseen obstacles are present when site installation begins, it is the Owner /General's responsibility to properly mark them and verbally notify PRC before installation. -2- Installation Notice and Site Availability: PRC will provide sufficient notice of delivery of the prefabricated building. The Owner shall make the site available during the delivery period. During the delivery period, on an improved site, Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation. Caution: If site is not ready for our field crew to perform their installation and if no notice of delay in readiness from Owner /General is received, PRC will provide a change order for re- mobilization on a daily basis until the site is ready for us. Ready means that the site pad is completed, the corner required survey stakes are in place, the slab elevation stakes are in place, the location of the front of the building is confirmed on site, and access to the site is available from an improved roadway. Owner /General shall sign the change order before we will continue delivery. Public Restroom Company will "turn -key" set the buildings including the hook up of utilities inside the building when they are available. PRC will use its own trained staff for the installation. Utility Connections: PRC will connect the final service connections if they are present when the building is installed. Otherwise the Owner /General's is responsible for final connections of water, sewer, and electrical at the exterior ground boxes we furnish, nominally 6 feet from building line. PRC provides a POC for water, a DWV waste line with clean out for connection, and an electrical schedule 80 PVC sleeve at an exterior ground box for your electrician to run your electrical service wire through our conduit up to the panel and tie off the lugs. Special Conditions, Permits, and Inspection Fees: You should follow bid specifications for applicable building permit fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if required by Owner /General. PRC is responsible for all required State inspections and final State insignia certification of the building if applicable. Jurisdiction for Off -site Work: Jurisdiction, for permitting and inspection of this building shall be either the State agency that manages prefabricated building in the state or the local CBO, (when the State does not provide certification.) If the responsibility for building inspection is the local CBO we will provide a certified plan set, calculations, and a third party engineer inspection report for any and all closed work the local official cannot see. PUBLIC RESTROOM COMPANY SCOPE OF WORK: Our In Plant /Off -Site Construction Scheduling System: PRC has several off -site manufacturing centers in the United States, strategically located, that have the proper equipment and whose staff has been thoroughly trained to fabricate our custom buildings to our standards. We manage quality control in our off -site -3- production facility to comply with the approved drawings and provide an inspection certification and photos as required. When proprietary materials, which we have designed and fabricated, are part of the project, PRC supplies the manufacturing centers with these special parts or chemicals. We then schedule the in plant construction process to coordinate with your delivery date through our Operations Division field staff. We guaranty on time at cost delivery weather permitting. Terms of Payment for Building: We require a 10% deposit/payment with your purchase order before plans are released. We invoice monthly on a percentage of completion basis of in plant construction. You must bill your client at least every 30 days and pay us after you are paid. We provide you with progress invoices to coincide with your monthly billing cycle; certified inspection reports in plant, and photos to verify in plant progress. Since the prefabricated building (materials) represents 90% of the project cost and is a product (materials), we expect our billings to be paid as we do not accept withholding of retention. In the event of project stoppage, additional fees may be assessed for re- mobilization, storage, crane costs, etc. Our discounted project costs are based upon timely payments. Delays in payment could change delivery schedules and project costs. Delivery and Installation: Site Inspection: PRC staff, upon site arrival, will verify the required dimensions of the building pad and the corner locations /elevation. We will also verify the delivery path from an accessible road or street and install the underground utilities to the point of connection nominally 6' from the exterior of the building. Installation: PRC will install the building turn -key, except for any exclusion (listed under "Exclusions," herein.) Installation of Utilities Under the prefabricated Building: We fabricate off -site an underground utility (electrical, water, and DWV) preassembled plumbing and electrical tree. Our site staff will excavate the trenches and set the plumbing and electrical tree into code depth excavated trenches. Your utility POC's start nominally 6' from the building footprint where we pick up the task and connect your services to the building stub downs. We provide all the under slab piping (including the driven electrical ground rod or lightning rod if applicable.) All you have to do is bring utility services to within 6' of the pad. Connection of Utilities Post Building Placement: After placement of the building on the pad by PRC, our field staff will tie in the water and sewer connection "inside" the building only and terminate at a point of connection (POC) outside the building clearly marked for each utility service unless your services are present at the time we set the building. If your services are at the POC, we will connect them. If -4- the services are not at the POC when we depart the site, you will be responsible for their connection after we have departed the site. Electrical: The electrical service connection: You bring the wire coiled to the POC and leave it for us to run to the panel for the site. We bring the service wire to the panel within the building. Plumbing: You will connect the water to our stub 6' from the building footprint within the curb box we furnish and you will flush the line per local code. Sewer: Some sites depending on the local jurisdiction will require an outside trap which you will install if needed. We will provide you with a point of connection including a clean out to which you will terminate the site sewer service drain. Testing of Water, Sewer, and Electrical in Plant: Testing In Plant and Final Site Utility Connection: Before the building leaves the manufacturing center, we test the water piping, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. If water is not available when the installation is completed, you are responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation. Time of Completion: PRC estimates a schedule to complete the project from receipt of final "notice to proceed" and written approval of the project architectural drawings by the owner. PRC requires 90 calendar days to complete the project from receipt of written notice to proceed together with a signed set of the final building drawings by all authorities required to approve them. Exclusions/Exceptions: 1. Access issues for delivery of the building when the Owner /General contractor has not provided a proper path to the final site. This exclusion covers sites whose access is limited by trees, inaccessible roadways, overhead power lines at location where crane will lift building, grade changes, berms, or uneven site grades, or when the path of travel is over improvements such as sidewalks, all of which are not within the scope of work by PRC.) 2. Any trench plate requirements for protection of site soils, sidewalks, or site utilities. 3. Sidewalks outside the building footprint. 4. Survey, excavation, and installation of the building pad per our attached plans. 5. Soil conditions not suitable for bearing 1500 psf. 6. Improper water pressure, an undersized meter, or flow to the building. 7. Bonds, building permits, site survey, special inspection fees, minor trash removal, final utility connections, minor plumbing leaks if water is not available when -5- building site work installation is complete, site soils or improvements if damaged during installation, landscaping. 8. Traffic control requirements coordinated by the Owner. Clarifications: Our crane costs, which are included herein, are based on a 35' maximum radius distance from the center pin of the crane to center point of the furthest building. If additional distance requires a larger crane, additional costs will be assessed by change order to you. Insurance and Prevailing Wage Certification: PRC shall comply with the required bid specification insurance requirements, prevailing wage reports, and safety requirements of the project, including the recently promulgated OSHA regulations. Special Insurance to protect the Building before acceptance: As PRC requires payment for each month of off -site construction, and since the building is not on owner property where their insurance will cover the building, we provide a special policy that insures the property even when paid for off -site until the building is finally accepted by the owner. The policy provides the owner and Owner /General contractor as additional insured during this period. PRC provides the Owner /General and Owner a policy rider to cover the building while it is being built off -site, while in transit to the job site, during and after it is installed on -site until final acceptance. This special policy covers each building module (section) for up to $200,000. This exceeds the cost of any building module we have offered for sale herein. Errors and Omissions Insurance: Our firm employs licensed architects, engineers, and drafting staff to provide design of our buildings. Since these buildings are required to meet accessibility standards and building codes on site, and since we are the designer, we carry Errors and Omissions Insurance (E & O) to protect our clients from any errors. The policy covers a limit of up to $1,000,000 per occurrence and is more clearly explained in the insurance certificates we provide after receipt of a purchase order. WARRANTY All work performed by PRC shall be warranted to the Owner to be free of defects in material, workmanship, and title for 5 years from date of acceptance if building is installed by PRC or 1 year if building is installed by Owner or Owner's agent without on- site supervision by PRC. PRC will repair or replace at their sole option any defects in work upon proper notice at the address listed herein. This notice only applies to a project which has been fully paid for, including change orders if applicable. The Company has no responsibility for any neglect, abuse, or improper handling of product. The foregoing shall constitute the full liability of the Company and be the sole remedy to the purchaser. The warranties expressed herein are exclusive, and are in lieu of, all other warranties expressed or implied. Purchaser herein waives all other warranties including those of merchantability and fitness. Term of Offer and Acceptance: This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable duration imposed within the Owner's bid documents. If our offer is not accepted within 30 days of the Owner /General contractors notice to proceed from the owner, cost increases may be added based upon any increases in our costs. Special Notice of Possible Project Cost Increases as a Result of Late Payments: In the event of delayed or late payment, PRC shall have the right to remedies including late charges, overall project total cost increases, and other damages as allowed by applicable law. The contract price quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the agreed billing schedule of PRC. In the event of non - payment, PRC will provide a 5 day written notice to cure and if payment is still not received, the discounted price for the payment due may increase, to an undetermined amount, to cover work stoppage, remobilization, cancellation of materials and subsequent restocking charges, resale of the contracted building to another party, storage fees, additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the project, as allowed by law. Venue for Contract Jurisdiction: Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal jurisdiction for this contract offer and acceptance shall be Washoe County, Nevada. In the event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage, expenses of physical recovery, and statutory interest, as allowed by law. No modifications to this offer shall be authorized unless confirmed in writing by the President or Chief Financial Officer of PRC. Bid: PGA PARK, CITY OF PALM BEACH GARDENS, FL Offered by: Public Restroom Company by �� s-IS•lo ames A. Ke ames, CFO /Secretary This provides conditional acceptance of this preliminary purchase order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals, this shall become a final purchase agreement or at your discretion the final purchase order or a contract may be substituted. Accepted by: Authorized signature Printed Name Legal Entity Name and address Date Wd Lb :SS :£ OTOZ /bT /S ' 6MP'ZJ-9bZW-OLZ- l3- OT-TT- SO-PI9 Bse9-£T NVTd \1N3,ddno \iJad) SWI13dd 139V1S \u6!saa\bLTB# Hiltld V9d \SN3OW9 HOV39 WlVd \VOI'dO13 \S31Id N b V d \:Z Z O H Q W J W Z+ 0W a� Z O F- Q > W J W§ W� GMfA N �g 6 1.04 Nj .J LL W J ozO a Zh a (un W 7i a w 0 o nom. M T. 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W 9 Q Q O LL O W O c`nc z3 hi 0 m w Q LU v m m > Co 1L Y N oe ]L Q 9 Q O LL O W W z3 0�. o LU d W W km V) z � U a I w0 Z U Ot LU Q CO � m co J EL �0U W QQ Cie u U Z N Za-O = u z� lo J o LL J m W Z LU O W w m Q= z �WLU O Cie N H 3000` PW9 14001 A9 � N Z Ow a0 J 2 Q Z J I-- J Q ,i O v) � m w CO U-, Cie� aQ 00 0-3 a� Oo uj zQ U' W 3 z ~ Z W Q Cie O U sewn e .j n J LU H Co } W �m p Q C) Z ca O LO cle 0 a0 ~ _OU �e W how J (n LLJ uuo a o ZdU W Q Z �U(D y Z Z� J Om LL C) J W Q J � J W D U) O Z Z m � W F— g W OC o 5 W CO O0 N J LU U W Z-n a a } C? „) F- (V Q w Q 0 u r s 0 z 3 � o •- z z 0 N W IL J Z W w W a W t m !C 0 z Q a � ax z U L W W mmm z m o O " V j z � d � U O o F a N uj o � U W W � O f a m m m � a m 0} E Z m U0Q a s co 0 m �w0 U. aO:U m m N c m Q Ol C � m b L m a a I u EXHIBIT " C1 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 /Signature Awl Name and Title (Print or Type) 2� O . t�" � N Date 1 *,-4N iqh1up DRUG -FREE WORKPLACE ACKNOWLEDGEMENT (Company Name) and has a substance abuse policy in accordance with a Florida Statutes. Acknowledged by: 600/� /�, horized Sigri6ture Company FEI Number: Address: C\S o W, 6VS-) is a drug -free workplace pursuant to Section 440.102, S--7 Date CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, according to the U.S. Department of Justice, in one year there were an estimated nearly 800,000 children missing; and WHEREAS, on average, there is an estimated average of 2,200 children reported missing to law- enforcement agencies daily; and WHEREAS, 58,200 of these children are victims of non-family abductions and more than 200,000 are the victims of family abductions; and WHEREAS, the National Center for Missing and Exploited Children (NCMEC) exists as a resource to help prevent child abduction and sexual exploitation; help find missing children; and assist victims of child abduction and sexual exploitation, their families, and the professionals who serve them. The National Center for Missing and Exploited Children 's recovery rate has grown from 62% in 1990 to 96% of domestically missing children, but too many children still remain among the missing; and WHEREAS, this special day is a time to remember those children who are missing and give hope to their families; and WHEREAS, be it further resolved that Palm Beach Gardens urges the participation of local government law enforcement, schools, community-based organizations, and families in the protection and education of all individuals about child abduction and sexual exploitation, appropriate protective measures, and ways to respond and seek help from law eriforcement, social services, and the National Center for Missing & Exploited Children; and WHEREAS, be it further proclaimed that Palm Beach Gardens encourages all individuals to Take 25 minutes to help children stay safer; and NOW, WEREFORE, I, David Levy, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim May 25th as National Musing Children's Day in the City of Palm Beach Gardens as part of Palm Beach Gardens ' continuing efforts to prevent the abduction and sexual exploitation of children. A1TEST: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 2fl' Day of May, in the year Two Thousand and Ten. f2<&::z~ MayorD Levy