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HomeMy WebLinkAboutAgenda Council Agenda 091610CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 16, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: BEAUTIFICATION AWARDS — BENJAMIN SCHOOL AND PALM BEACH STATE COLLEGE. b. RECOGNIZING SARAH SMITH, HEAD SWIM COACH, FOR RECEIVING THE "VIKKI WELLS COMMITMENT TO EXCELLENCE AWARD" C. (Pape 5) RECOGNIZING MATT DOHERTY, SOFTWARE SYSTEMS MANAGER, FOR RECEIVING THE CERTIFICATION OF CHIEF INFORMATION OFFICER FROM THE FLORIDA INSTITUTE OF GOVERNMENT. V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Staff Report on Page 7 Resolution on Page 9) RESOLUTION 36, 2010 — LOW VOLTAGE WIRING INSTALLATION FOR EMERGENCY OPERATIONS COMMUNICATIONS CENTER. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING A PURCHASE AWARD TO UNIVERSAL CABLING SYSTEMS, INC. TO SUPPLY AND INSTALL FIBER OPTIC AND COPPER CABLING FOR THE EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER VIA AN EXISTING CONTRACT WITH THE SCHOOL DISTRICT OF ST. LUCIE COUNTY (NO. 09- 08E); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Pape 120) PROCLAMATION — CONSTITUTION WEEK IX. PUBLIC HEARINGS: (* Designates Quasi - Judicial Hearin) a. PRESENTATION OF THE FISCAL YEAR 2010/2011 BUDGET. b. (Staff Report on Page 121, Ordinance on Page 123) ORDINANCE 23, 2010 — (1ST READING) ADOPTING FISCAL YEAR 2010/2011 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. (Staff Report on Page 125, Ordinance on Page 133) ORDINANCE 13, 2010 — (1s` READING) DUMPSTER /RECYCLING. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SECTION 78 -378. DUMPSTERS. AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. AT SECTION 78 -379 BY REPEALING SUBSECTIONS (a)(3) AND (c), READOPTING SUBSECTION (c), AS REVISED, RENUMBERING FORMER SUBSECTIONS (a)(4), (a)(5), AND (a)(6) AS NEW SUBSECTIONS (a)(3), (a)(4), AND (a)(5) AND ADOPTING NEW SUBSECTION (d); 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. d. (Staff Report on Page 138, Ordinance on Page 141) ORDINANCE 20, 2010 - (2 nd READING AND ADOPTION) FIREFIGHTERS' PENSION PLAN. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, AMENDING CHAPTER 38. FIRE PREVENTION AND PROTECTION. BY REPEALING SUBSECTIONS 38- 53(1), 38- 54(6), 38- 60(1)b, SECTIONS 38 -68 AND 38 -69 AND READOPTING SAME, AS REVISED, AND BY ADOPTING NEW SUBSECTION 38- 57(2)e IN ORDER TO EXTEND TRUSTEE TERMS FROM TWO YEARS TO FOUR YEARS, TO INCREASE THE CAP OF INTERNATIONAL SECURITY EXPOSURE, TO COMPLY WITH PROTECTING FLORIDA'S INVESTMENT ACT AND TO EXPAND THE ELIGIBLE INVESTMENT VEHICLES, TO COMPLY WITH USERRA FOR PRE - RETIREMENT DEATH BENEFITS, TO ALLOW RETIREES TO CHANGE THE DESIGNATED SURVIVOR UP TO TWO TIMES AFTER RETIREMENT WITHOUT APPROVAL OF THE BOARD OF TRUSTEES AND VERIFICATION OF GOOD HEALTH, TO FULLY FUND NONFORFEITABLE BENEFITS UPON TERMINATION OF THE PLAN, AND TO ALLOW RETIREES TO DIRECT PAYMENT OF CERTAIN INSURANCE PREMIUMS FROM BENEFIT PAYMENTS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 153, Ordinance on Page 155) ORDINANCE 22, 2010 - (2ND READING AND ADOPTION) AMENDING THE CODE OF ORDINANCE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 14. ANIMALS. OF THE CODE OF ORDINANCES BY CREATING A NEW ARTICLE III. ENTITLED "DOG - FRIENDLY DINING ", IN ORDER TO ESTABLISH A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR PORTIONS OF SUCH ESTABLISHMENTS PURSUANT TO SECTION 509.233, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. ANIMALS. 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. (Staff Report on Page 164, Resolution on Page 174) RESOLUTION 61, 2010 - BANYAN TREE HISTORICAL MARKER PETITION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO SIGN THE FLORIDA HISTORICAL MARKER APPLICATION AND TO PLACE A HISTORICAL MARKER AT THE BANYAN TREE SITE ON MACARTHUR BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 176, Resolution on page 180) RESOLUTION 60, 2010 - PURCHASE INSURANCE POLICIES FOR PROPERTY AND CASUALTY INSURANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA TO RENEW INSURANCE POLICIES FOR PROPERTY, CASUALTY, PUBLIC OFFICIALS, AND RELATED INSURANCE FROM PREFERRED GOVERNMENTAL INSURANCE TRUST; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION: XII. CITY ATTORNEY REPORT: XIIL 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. July 28, 2010 the John Scott Dailey FLORIDA INSTITUTE OF GOVERNMENT at Florida State University Ron Ferris City Manager 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Mr. Ferris: RECEIVED AUG 6 2010 f CITY Of PAIN BEACH GARDENS CITY MANAGER During the Florida Local Government Information Systems Association Summer Conference an exciting event occurred that we were sure you want to share in celebrating. Matthew P. Doherty was honored with the designation of Certified Chief Information Officer (CCIO) in local government from the Florida Institute of Government at Florida State University. Each CCIO received a plaque and a personalized letter of congratulations from Florida State University President Eric J. Barron for their commitment to grow and serve the people of their communities and the state. Mr. Doherty was part of the Fourth class of Florida's Certified Public Technology Leadership program for Certified Chief Information Officers, a program designed to raise the professional standards for government technology leaders and help prepare individuals to serve effectively within their organizations' leadership teams. Mr. Doherty worked for more than a year to obtain the certification of CCIO. Each participant attended 80 hours of classroom activity, accomplished 80 hours of out -of -class work designed to engage new knowledge, and completed a significant capstone project to concretely apply key and important leadership, planning, management and progressive service principles in a manner directly relevant to your jurisdiction. Thank you for your support of Mr. Doherty by allowing participation in this program. We know that the knowledge gained from this experience will significantly benefit the City of Palm Beach Gardens. To remain timely, this certification requires continuing education to allow Mr. Doherty to continually grow the critical skills needed to provide outstanding technology services in your organization. We ask that the enclosed Certificate be used in recognizing Mr. Doherty within your organization, at an appropriate time, so that everyone can share in the dedication Mr. Doherty has to quality service. Also enclosed is a picture from the ceremony at the FLGISA Conference. Again, we thank you for your personal support and the endorsement of the Certified Public Technology Leadership program. Sincerely, Jeff en Executive Director 325 John Knox Road, Building 300 •Tallahassee, FL 32303 Telephone: (850) 487 -1870 • Fax: (850) 487 -0041 - http: / /iog.fsu.edu • e -mail: info@iog.fsu.edu V cclo CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 16, 2010 Resolution 36, 2010 Subject/Agenda Item: Purchase Award to Universal Cabling Systems, Inc. for the supply and installation of fiber optic and copper cabling for the Emergency Operations and Communications Center (EOCC), via an existing agreement with the School District of St. Lucie County (ITB No. 09 -08E). [X] Recommendation to APPROVE [ ] Recommendation to DENY RevWttorn Originating Dept.: Costs: $151,992.25 Council Action: Information Technology (Total) City �Y �� ;44/ _ [ ] Approved $ 151,992.25 Current FY [ ]Approved w/ A conditions [ ]Denied Administrator Advertised: NA Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [x ] Other Resolution 36, 2010 • Exhibit A: School District of St. Lucie [ x ] Not Required County Agreement • Exhibit B: Universal Cabling Solutions Proposal • Exhibit C: Agreement Submitted by: Eric Holdt Department Director Affected parties Notified Budget Acct. #: 302.1000.521.6900 Approv by: [ ] Not required POL0112 City M ag Meeting Date: September 16, 2010 Resolution 36, 2010 BACKGROUND: Construction of the City's Emergency Operations and Communications Center (EOCC) is now underway. As part of the project, fiber optic and copper cabling is required to connect computers, telephones, and televisions, as well as connect the EOCC with all other City buildings. This element of the project was excluded from the design - builder's scope of work in order to maintain compatibility with existing systems. Staff received a proposal from Universal Cabling Systems, Inc. for the physical connection of the EOCC to all City facilities and the complete internal low voltage wiring of the new EOCC facility. Universal Cabling Systems, Inc.'s pricing is based on an existing agreement with the School District of St. Lucie County (No. 09 -08E). Funding is provided by the General Fund, the Police Impact Fund, and the Fire Impact Fund. STAFF RECOMMENDATION: Staff recommends approval of Resolution 36, 2010 as presented. 1 RESOLUTION 36, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AUTHORIZING A PURCHASE 6 AWARD TO UNIVERSAL CABLING SYSTEMS, INC. TO SUPPLY 7 AND INSTALL FIBER OPTIC AND COPPER CABLING FOR THE 8 EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER 9 VIA AN EXISTING CONTRACT WITH THE SCHOOL DISTRICT OF 10 ST. LUCIE COUNTY (NO. 09 -08E); PROVIDING AN EFFECTIVE 11 DATE; AND FOR OTHER PURPOSES. 12 13 14 WHEREAS, the City of Palm Beach Gardens wishes to purchase and install fiber 15 optic and copper cabling for computers, telephones, and televisions located in the City's 16 future Emergency Operations and Communications Center; and 17 18 WHEREAS, Section 2 -294 of the City Code of Ordinances permits the City to 19 "piggyback" an agreement awarded to another governmental agency pursuant to a 20 competitive sealed bid; and 21 22 WHEREAS, the City desires to purchase the cabling from Universal Cabling 23 Systems, Inc., as outlined in an existing contract with the School District of St. Lucie 24 County, Contract No. 09 -08E, attached hereto as Exhibit "A "; and 25 26 WHEREAS, the City received a proposal from Universal Cabling Systems, Inc., 27 attached hereto as Exhibit "B "; and 28 29 WHEREAS, the City Council deems approval of this Resolution 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 RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF PALM BEACH GARDENS, FLORIDA that: 36 37 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 38 39 SECTION 2. The City Council of the City of Palm Beach Gardens hereby 40 authorizes the purchase and installation of fiber optic and copper cabling from Universal 41 Cabling Systems, Inc. for an amount not to exceed $151,992.25, which agreement is 42 attached hereto as Exhibit "C ". 43 44 SECTION 3. This Resolution shall become effective immediately upon adoption. 45 46 47 Resolution 36, 2010 PASSED AND ADOPTED this day of , 2010. ATTEST: 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 CITY OF PALM BEACH GARDENS, FLORIDA BY: David Levy, Mayor AYE NAY ABSENT G: \attorney_share\RESOLUTIONS\2010 \Resolution 36 2010 - purchase of wiring for EOCC - UCS.doc 2 Resolution 36, 2010 EXHIBIT "A" Univer� Al Cabling Systems, Inc. Communication is the LINE to Success v Voice / Data / Fiber Optic RENEWAL AGREEMENT The renewal agreement #9r 178 09-08E Cabling Labor Hour Rste� and Materials for Premise Distribution Wiring shall be renewed through beginning 7/1110 — 6139111, under the some terms, conditions and pricing as agreed upon in the original Invitation to Bid agreement. Vendor; Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 Accepted by: Signed No a Mark Vanson 10/23/09 Date President Title Allen Lee, Purchasing Agent The School District of St. Lucie County 329 NW Commerce Park Drive Port St. Lucie, FL 34988 Aoce y: Sig e D Title 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com keen Nan opt �• Lathe aoant� Nblic Schools February 4, 2009 The School District of St. Lucie County Purchasing Department 329 N.W. Commerce Park Drive Port St. Lucie FL 349862503 Voice — (772) 336 -6980 Fax - (772) 336 -6985 Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 Superintendent Michael Lannon Congratulations. I'm pleased to inform you that on Tuesday, January 27th, 2009, the School Board of St. Lucie County, in regular session, accepted your bid for providing Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring for the School District of St. Lucie County. Your bid submittal and all the terms, conditions, and prices contained therein, as offer, and the action by the School Board as acceptance, now constitute the contract between the District and Universal Cabling Systems, Inc. Please transfer the text of page two onto your letterhead, sign it, and return It to me at the address above. S(nc rely Allen es Purchasin Agent School District of St. Lucie County Resolution 36, 2010 Exhibit "B" Communication is the .SINE io Success ers �� St. Lucie County School District Cabling Labor Hourly Rates and Materials For Premise Distribution Wiring Bid Number:,09 -08E Bid Due: Thursday, November 20, 2008 @ 3:00pm 914 Ferns Street — West Palm Beach, FL — 33401 Phone: (561) 659 -6224 Toll Free: (800) 479 -6899 Fax: (561) 659 -6308 E- Mail: ucscable @bellsouth.net www.ucscable.com -r S tem5 `�V ys Section 1 VNI-VERSAL CABLING SY8TEM,S,,kLnC- INDEX Invitation to Bid and Bid Summary Forms Section 2 Company Qualifications A. Company Qualifications B. List of Projects C. Office Location D. After Hours Contact Information E. Warranty F. Test Equipment Section 3 Licenses A. State License B. County License C. Small Business Certificate D. Insurance Certificate Section 4 Employee Information A. Certifications B. Employee Resumes Section 5 References Section 6 Addendums A. Addendum #1— Questions/ Clarifications Communication is the LINE to Success AML 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com MEMBER The School District of �1. f" St. Lucie County iNVITITATION TO BID (ITBj Purchasing Department Z Lucie Coant� 329 N.W. Commerce Park Drive REQUIRED RESPONSE FORM Pab1iCCoo15 Port St. Lucie FL 349} 6 Voice - (772)336 -6980 Fax - (772)336-6985 PROPOSALS WILL BE OPENED Thursday November 20th, 2008 PROPOSAL NO. 09 -08E Page 1 of 32 Pages @ 3:00 PM and may not be withdrawn within 90 days after such date E RATE 470 # and time. 949450000692322 MAILING DATE: PROPOSAL TITLE: 10120108 Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring SLD SERVICE PROVIDER INFORMATION NUMBER (SPIN): FEDERAL EMPLOYER IDENTIFICATION NUMBER OR 143006656 SOCIAL SECURITY NUMBER: 65- 0183752 VENDOR NAME Universal Cabling Systems, Inc. VENDOR MAILING ADDRESS 914 Fern Street CITY-STATE-ZIP West Palm Beach FL 33401 POSTING OF PROPOSAL TABULATIONS Proposal tabulations with recommended awards will be posted for review by AREA TELEPHONE NUMBER: 561- 659 -6224 interested parties at the location where proposals were opened and will remain posted for a period of 72 hours (excluding weekends and holidays). Failure to Me CODE: a protest within the time prescribed In Section 120.57(3), Florida Statutes, shaft constitute a waiver of proceedings under Chapter 120, Florida Statutes. TOLL -FREE NUMBER: 800- 4.79_6899 Proceedings subject to Section 120.57(3)(c), Florida Statutes are subject to Florida Administrative Code SC5- 6.008(2)(0. 561 FAX NUMBER: 561- 659 -6308 INTERNET EMAIL ADDRESS: info@ucscable.com I certify that this proposal is made without prior understanding, agreement, or connection with any corporation firm, o� person submitting _ a proposal for the same commodities/ services, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal for the bidder and that the bidder Is In compliance with all requirements of the ALITHORICED SIGNATURE (MANUAL) Request for Proposal, including but not limited to, certiPlcation requirements. In submitting a proposal, the bidder offers and agrees that if the proposal is accepted, the bidder will convey, self, assign, or transfer Mark Vanson - President to the School District of St. Lucie County all rights, title and interest in and to all causes ofaction d may now orhereafter acquire under the Anti4nisl AUTHORIZED SIGNATURE (TYPED) & TITLE laws of the United States and the State of Florida for price Wig reiaffng to the particular commodities or services purchased or acquired by the Schod District of St..Lucie County. At the School District's discretion, such assignment shall be made and become effective at the time the Scholl District tenders final payment to the bidder: Public Domain I acknowledge that all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, F.S. Proposal Certification 1 hereby certify that I am submitting the following information as my company's proposal and understand that by virtue of executing and returning with this proposal this REQUIRED RESPONSE FORM, I further certify full, complete and unconditional acceptance of the contents inclusive of this Request for Proposal, and all appendices and the contents of any Addendum released hereto. This form must be completed and signed and returned as part of your proposal. Proposals will not be accepted without this form. School District of St. Lucie County Cabling Labor Hourly Rates and ITB 09 -08E Materials for Premise Distribution Wiring GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS SEALED BIDS: One copy of this executed Invitation to Bid page and Bid Summary pa e(s) must be returned with the bid in order for the bid to be considered for award. All bids are subject to all the conditions specified herein; all General Conditions, Special Conditions on the attached bid documents; and any addenda issued thereto. Any failure on the part of the bidder to comply with the specifications, terms and conditions of this Invitation to Bid shall be reason for termination of contract. 1. EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided above. Failure to property sign proposal shall invaridate same, and it shag not be considered for award. All bids must be completed In ink or pewritten. Corrections must be initialed by the person signing t e bid, Any corrections not initialed will not be tabulated, The original bid conditons and specifications cannot be changed or altered In any way. Altered bids may not be considered. Clarification of blds submitted shag be in letter form, signed by the bidders and attached to the bid. 2, NO Bit); If not submitting a bid, respond by returning the enclosed "Statement of No Bid" form and explain the reason, Note: A bidder, to qualify as a respondent, must submit a "no bid" and same must be received no later than the stated bid opening date and hour. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extend total. Pries must be Mated in units of quantity specified in bid specifications. In case of discrepancy in computing the amount of the bid the UNIT PRICE quoted will govern. All prices FOB destine Ion, freight �repaid (unless otherwise stated in special conditions). iscounts for prompt payment: Award, If made, wig be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items In with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). If a bidder offers a discount, it is understood that a minimum of 30 days will be required for payment, and the discount time wig be computed from the date of satisfactory delivery at place of acceptance and receipt of correct invoice at the office specified. A_ TAXES: The School District of St, Lucie County, is exempt from any taxes imposed by the State and/or Federal Govern - merrt. State Sales Tax Exemption Certificate No. 66-00 - 017186-53C and Federal Employer Tax No. 59- 6000832 appears on each purchase order, This exemption does not apply to purchase of tangible personal property made by contractors who use the tangible personal property in the performance of contracts for the improvements of School District-owned real property as defined in Chapter 192 of the Florida Statutes. a MISTAKES: Bidders are expected to examine the specifica- tions, delivery schedules, bid prices and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of Board approval or time stated in special conditions. USE OF OTHER CONTRACTS: The District reserves the right to utilize arty other District contract, any State of Florida Contract, any contract avfarded by any other city or county governmental agencies, any other school board, any other community college /state university cooperative bid agreement, or to directly negot(aterpurchase per School Board policy and/or State Board Rule 6A-1.12(6) in lieu of any offer received or award made as a result of this bid, if it is in the best interest to do so. The District also reserves the right to separately bid- any single order or to purchase any item on this bid if it is in its best interest to do so. E CONDITIONS AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of the bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. F. UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be UL listed or re- examination testing where such has been established by UL for the Items offered and furnished. 4. DELIVERY: Unless actual date of delivery is specified, show umber of days required to make delivery after receipt of purchase order in space provided. Delivery time may become a basis for making an award (See Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 5. BRAND NAMES. Use of a brand name, trade name, make, model, manufacturer or vendor catalog number in specifications is for the purpose of establishing a grade or quality of material only. it is not the District's intent to rule out other competition, therefore, the phrase OR ACCEPTABLE EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to submit with the bid brochures, samples and /or detailed specifications on items bid. The District shall be the sole judge concerning the merits of bid submitted. Bidder shall Indicate on the bid form the manufacturers name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to Indicate details) conformance with specifications. 6. QUALITY; The items bid must be new and equal to or exceed specifications, The manufacturer's standard guarantee shall apply. During the guarantee period the successful bidder must repair and /or replace the unit without cost to the District with the understanding that all replacements shell carry the same guarantee AS the on real equipment. The successful bidder shall make any such replrs and /gr replacements immediately upon receiving notice from the District. EMONSTRATIONS AND TESTING: of items, when required, must be furnished free of and if not destroyed, will upon reqnest, be returned iddees expense. Request for the return of the must be indicated on his or her bid. Each individual Lust be labeled with bidder's name, bid number and fiber. Failure of bidder to either deliver required Or to clearly identify samples as Indicated may be it rejection of the bid. Unless otherwise indicated, should be delivered to the Purchasing Department, B, When required, the District may'request fug demonstrations of any units bid prior to the award of any contract. C. Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or an independent testing laboratory. Bidders shag assume full responsibilfir for payment for any and all charges for testingg and analysis of any materials offered or delivered that do not conform to the minimum required specifications. Bidder's disposition of all items delivered in this category must be at no expense to the District. )N AND ACCEPTANCE: The successful bidder shall tints for delivery of items in good condition at point Bidder shall file with the carrier all claims for imperfections, and other losses, which will be cm Invoices, The District will note, for the benefit of bidder, when . packages are not received in good In the event the material and/or services supplied to is found to be defective or does not conform to ns, the District reserves the right to cancel the order n notice to the seller and return the product to seller at expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the District may procure the articles or services from other sources and hold the bidder or contractor responsible for any excess costs incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of co yrlghts or patent rights in manufacturing producing or selling the goods shipped or ordered as a result of this bid. Better agrees to hold the purchaser harmless from any and all liability, loss or expense occasioned by any such violation. Ii. MANUFACTURER'S CERTIFICATION: The District reserves the t�igght to request from bidders separate manufacturer certification ofall statements made in the proposal. 12. BID ABSTRACTS: Bidders desiring a copy of bid tabulation may request it by enclosing a self-addressed, stamped envelope with bid. 13. OCCUPATIONAL HEALTH AND SAFETY: Vendor, as a result of award of this bid, delivering any toxic substances item as defined in Florida Statute L442.102(21) shall fumish to the Purchasing Department. a Material Safety Data Sheet (MSDS). The material safety data sheet shall be provided with initial shipment and shall be revised on a timely basis as appropriate. School District of St. Lucie County ITB 09 -OBE The MSDS must include the following information: A. The chemical name and the common name of the toxic sub- stance. B. The hazards or other risks in the use of the toxic substance, including: (1) The potential for fire, explosion, corrosively and reactivity; (2) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and (3) The primary routes of entry and symptoms of overexposure. C, The proper precautions, handling practices, necessary persopersonal protective equipment and other safety precautions nal use of or exposure to t}ie toxic substances including appropriate emergency treatment in case of overexposure. D. The emergency procedure for spills, fire, disposal and first aid. E, A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. F. The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the Information. Any questions regarding this reqquirement should be directed to: Department of Labor and Errlployment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center Circle West, Tallahassee, FL 32301- 5014, Telephone 1- 800 - 367 -4378. 14. OSHA: The bidder warrants that the product/services supplied to the School District of St. Lucie County shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. 15. ANTI -DISCRIMINATION: The bidder certifies that they are in com,ppliance with the non - discrimination clause contained in S1Crion 202, Executive Order 11248 as amended by Executive Order 11375 relative to equal employment opportunity for all persons without regard to race, color religion, sex or national origin. 16. ADVERTISING: in submitting a pro sal, bidder agrees not to use the results therefrom as a part of aony commercial advertising without prior approval of the School District. 17. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes, Ali bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the School Board of St. Lucie County. Further, all bidders must disclose the name of any Board employee who owns directly or indirectly an interest of 5% or more in the bidder's firm or any of its branches. 18. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the District shad be final and binding on both parties. 19, LEGAL REQUIREMENTS: Federal, state, county, and local taws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 20. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the Board. In case of a default on the part of the bidder after such acceptance, the District may take such action as it deems appropriate including legal action for damages or specific performance. 21, LIABILITY, INSURANCE, LICENSES, AND PERMITS: Where bidders are required to enter or go onto School District property to deliver materials or perform work or services as a result of bid award, the bidder will assume the full duty obligation and expense of obtaining at necessary, licenses, permits and Insurance, Bidder shall be liable for any damage or loss to the District incurred by bidder, bidder's employees, licenses of the bidder or agent or any person the bidder has designated In completion of his or her contract as a result of their bid: further Universal Cabling Systems, Inc. Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring bidder shall be liable for all activities of bidder occasioned by performance of this bid. Not withstanding the foregoing, the liability herein shall be limited to ten million dollars ($14,000,000) and the bidder recognizes that and covenants that it has received consideration for indemnification provided herein. 22. SPECIFICATIONS: Any omissions of detail specifications stated herein that would render the materials /service from use as specified will not relieve the bidder from responsibility. 23. BID BONDS AND PERFORMANCE BONDS: Bid bonds, when required, shall be submitted with the bid in the amount specked in Special Conditions. Bid bonds will be returned to unsuccessful bidders. After award of contract, the District will notify the successful bidder to submit a performance bond in the amount specified in Special Conditions. Upon receipt of the performance bond, the bid bond will be returned to the successful bidder. 24. PAYMENT: Payment will be made after the items /services awarded to a vendor have been received /comrieted, inspected and found to comply with award specifications, free of damage or defect and properly invoiced. Due to the fact that this is an E- Rate bid fni al payment may be delayed. Awarded vendor must have the financial strength to absorb costs until payment can be made. 25. SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 26. THE RED LIGHT RULE: USAC shall withhold action on any application or request for benefits made by an entity that is delinquent in its non -tax debts owed to the Commission, and shall dismiss such applications or requests if the delinquent debt is not resolved USAC shall dismiss any outstanding requests for funding commitments if a service provider, as applicable, has not paid the outstanding debt, or made otherwise satisfactory arrangements, within 30 days of the date of the notice. The "Red Light Rule" will not be applied if there is a pending administrative appeal on the administrative debt. FCC considers Red Light information to be proprietary and will, therefore, not publish a list of Red Lighted entities. • Entities that know their FCC Registration Number and CORES password can check their status by going to the Red Light Display System at www.fcc.aov /redlioht. 3 School District of St. Lucie County ITB 09 -08E 1.0 GENERAL INFORMATION Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring School District of St. Lucie County is soliciting bids for a one year equipment agreement with three renewal periods to establish a contract, at firm unit prices for cabling materials which are eligible for e -rate discounts as specified and as needed district -wide. These materials will be utilized for eligible installations as delineated in the reference area of the SLD website. hftp://www.sl.universalservice.org /. In order to be considered responsive, bidders must be registered with the Universal Service Administration Corporation and have been assigned a Service Provider Identification Number (SPIN) which must be noted in the space provided on page one of this ITB. It is the vendor's responsibility to determine if all products requested are eligible products under E -Rate guidelines. 2.0 AWARD In the best interest of the District the contract will be awarded all or none to the lowest responsible bidder who best meets the needs of the School District. The District reserves the right to use the next lowest responsive bidder in the event the original awardee of the bid cannot fulfill their contract. . The next lowest bidder's prices must remain the same as originally bid and must remain.firm for the duration of the contract. 3.0 - TERMS OF PAYMENT/INVOICING The normal terms of payment will be Net 45 Days from receipt and acceptance of goods or services and Bidder's invoice. Itemized invoices, each bearing the Purchase Order Number must be mailed on the day of shipment. Each invoice submitted must reflect a -rate credit. invoicing subject to cash discounts will be mailed on the day that they are dated. The payment due date for a local governmental entity ' for the purchase of goods or services ' other than construction services is specified in s. 218.73. 4.0 WARRANTY A minimum one (1) year warranty shall apply to all materials furnished as result of the award of this contract. Your response shall clearly'acknowledge your warranty policy, exclusions and acceptable warranty repair /replacement response time and rate. 5.0 ' CONTRACT PERIOD The initial contract period will be from July 1", 2009 through June 30`h 2010 with the option to renew for three additional one year periods. See pricing schedule for percentage increases during this time frame. This initial agreement period will be renewed annually upon mutual consent (and approval by the School Board of St. Lucie County, Florida) for a total of three years: Annual expenditures will vary based on need and availability of funds. 6.0 CALENDAR OF EVENTS The following is a tentative implementation schedule and may be subject to change. Monday October 20th, 2008 Distribution of bid Friday November 7'h, 2008 Question Deadline — 3:00 PM Thursday November 20th, 2008 Submittal Deadline — 1:00 PM Tuesday December 9`h, 2008 Recommendation to Board for Approval /Award (tentative) Wednesday July 1", 2008 Earliest Contract Start Date for E -Rate (tentative based on receipt of funding letter from USAC) School District of St. Lucie County ITB 09 -08E 7.0 INSTRUCTIONS TO BIDDERS Submission of Sealed Bids Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring All firms interested in being considered for providing cabling materials to The School District of St. Lucie County, Florida are required to submit a written sealed bid addressing all criteria listed in this bid. An original signed bid must be submitted prior to 3:00 P.M. Thursday November 20th, 2008 to the following location School District of St. Lucie County, Florida Purchasing Department 329 N.W. Commerce Park Drive Port St. Lucie FL 34986 Proposals are to be packaged, sealed, and submitted to the address shown above and clearly marked on the outside of the envelopes and /or packages - Sealed Bid 09 -08E Deadline Thursday November 20th, 2008 at 3:00 PM 8.0 Bidder's questions Bidders shall address any questions regarding this solicitation directly to the Purchasing Department; Allen Lee at lee2a(a?stlucie.1<12.fl.us. Questions shall be in writing to the email address given or by fax (772- 336- 6985), referencing1he proposal number and opening date. Questions will be accepted until 5 pm on, Friday November 7d', 2008. All questions submitted will be answered in writing �by an addendum. The School District of St. Lucie County will not be bound by any verbal information or by any written information that is neither contained within the solicitation documents or formally noticed and Jssued by the Purchasing Department. 9.0 Addenda A written addendum may be issued prior to the ,bid /proposal opening, which may modify, supplement or interpret any portion of this Request. No verbal or written information from other sources are authorized as representing the School District of St. Lucie County. 10.0 Scope of Work PART 1 - GENERAL 1.01 WORK INCLUDES A. Scope To establish an hourly rate for the installation, into existing schools and for future sites as as the School District grows, of telecommunications equipment, cable, wire, and terminations, which shall be provided by the Owner and which shall comprise a complete and operating system and shall include, but not be limited to the following: a. Category 6 Data Cable b. Category 6 Voice Cable C. Category 6 and Fiber Optic Distribution System 5 School District of St. Lucie County ITS 09 -08E Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring d. Voice Backbone or local Tie Cable with /or without Protection where required e. Category 6 Data and Patch Panels f. Voice 110 block and /or Patch Panels g. Fiber Optic 50 micon cable multimode h. Fiber Optic Patch Cables I. Category 6 Data Patch Cables. j. 100 -pair 24awg voice cable, gel - filled, terminated on properly grounded lightning protected terminals, to provide inter - building connection: k. Connection of backplane and data cable to Owner - provided electronic equipment I, Category 6 Data Cable to all Wireless communications equipment 2. All work within the communications equipment room, communications closet and classrooms: a. Installation of 24 strand fiber optic backbone cable, copper Category 6 Data, station wiring, and copper eight conductor Unshielded Twisted Pair (UTP) 24awg. b. Installation of equipment rack, electronic components, patch panel, and associated grounding. C. Termination of all cables and wiring.. d. Interconnections of all electronic components including necessary jumpers, patch cables, cross - connects, etc. e- Each classroom requires 2 Data Drops & lVoice drop at Teacher location and 8.Data drops for Students workstation, f. Ceiling Projector location will require 2 Data drops. g. One bata drop for Security Entry door at required schools. h. One Data drop per wireless access point at required schools. 1.02 DEFINITIONS Main Distribution Frame (MDF) - Location in building that shall- contain the primary/main telecommunications facilities would serve as demarcation point for external systems and other systems currently distributed throughout ' the: site such as telephone and ITV. Required room dimension 12 x !Oft minimum. If site is a Hurricane shelter it shall require a generator back -up. - A Self- contained AC unit is required. Power requirements on each wall in addition to equipment racks: Dedicated 220V -1_6 30A, Dedicated Quad Nema -5 -20A or as specified. Intermediate Distribution Frame (IDF) - Room in building that shall serve as distribution point to station wiring is connected to CER via fiber optic backbone cable. Required room-dimension 12 x 8 ft. minimum. A, Self.- contained AC unit Is required. Power requirements on each wall in .addition to equipment racks: Dedicated Quad Nema -5 -20A or'as specified. Main Server Room — Room in building that shall serve as the location of servers to provide programs and application software to be utilized by workstations. Required room dimension 12x10 ft minimum. If site is a Hurricane shelter it shall require a generator back -up. A Self - contained AC unit is required. Power requirements on each wall in addition to equipment racks: Dedicated 125V Nema L5 -30A. Communication Outlet (CO) - Otherwise known as workstation or station outlet. 1.03 REFERENCES. CODES, STANDARDS A. National Electrical Code, Articles 725 and 800; B. National Fire Protection Association 72 0 School District of St. Lucie County Cabling Labor Hourly Rates and ITB 09 -08E Materials for Premise Distribution Wiring i C. ANSI A17.1 as applies to elevators. D. Florida Accessibility Code, Dept. of Consumer Affairs. E. All Bell System and ROLM references. F. Title 4A, FAC. Uniform Fire Safety Rules and Standards of State of Florida and its Adapted NFPA Codes. G. ANSI /EIA/TIA�568A- (CSAT529) Commercial Building Telecommunications Cabling Standard H. ANSI /EIA/TIA -569 (GSA T530) Commercial Building Standard for Telecommunication Pathways and Spaces. I. ANSI /EIA/TIA- TSB -36 Technical Systems Bulletin, Additional Cable Specifications for Unshielded Twisted Pair Cables. J. EMIA -492 AAAA - Detail Specification for 50 Micrometer Core Diameter /125 Micrometer Cladding Diameter Class la Multimode, Graded Index Optical Wave guide Fibers. K. EIA/TIA TSB -40'- Technical Systems Bulletin, Additional Transmission Specifications for Unshielded Twisted Pair Connecting Hardware. L. Florida DMS /DOC General Facility Requirements for Telecommunications Systems. M. IEEE 802.3 - Institute of Electrical and Electronics Engineers LAN Standard for Ethernet. N. 'UL Listed - Underwriters Laboratories Listed. 0. UL 910 - Test for Flame Propagation and Smoke Density Values for Electrical and Optical Fiber Cables Used in Spaces Transporting Environmental Air. P. UL 1666 - Test for Flame Propagation Height of Electrical and Optical Fiber Cables Installed Vertically in Shafts. Q. ANSI - American National Standards Institute R. NEMA - National Electrical Manufacturer's Association. S. BICSI - Building Industry Consulting Service International T. All equipment shall be installed in accordance with authorities having jurisdiction and Chapter 6A- 2(SREF) of the Florida Administrative Code. 1.04 SUBMITTAL A. Effective March 1, 2002, Florida Statutes mandates that a properly Licensed Building Department be utilized for all construction practices. This will affect all work that is done on.all District owned property. The School District has opted to form a Building Department in- house. The procedure of St. Lucie County School District Building Department will be structured like Building Departments that you currently work for outside the School District. There will be a requirement for permits and inspections for each job performed. 7 School District of St. Lucie County ITB 09 -08E Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring It will be your responsibility to notify this department when you receive a purchase order to provide a service (including but not limited to Structural, Mechanical, Electrical, Plumbing, Fencing, Data Service, Phone Service, Irrigation etc.) regardless of size or cost. This department will decide whether a permit will be needed if so you will have to complete an application and provide all required information. All work will have to be inspected if permitted or not. Work shall not proceed until these requirements are met and final payment will not be made until work has been inspected test results, as -built and a letter of completion accompanies your invoice for final payment. As a vendor with the School District you may submit a copy of your License and Insurance (with St. Lucie County Schools as a certificate holder) to this Department in advance. B. Scope: A Technical Information Document shall be submitted for review before the start of each project. The Document shall become a part of the specifications and shall contain the following additional information, and shall be prepared as follows: 1. Provide complete front panel equipment fabrication dimensions with locations of equipment racks and cabinets. 2. Submittal shall include equipment wiring terminal point -to -point color coded wiring diagrams. Drawings shall show each item of equipment, locations, all wiring, and all connections. Drawings shall be the same size as contract drawings. Wiring shall be as described by the specifications or if no color code is specifically mentioned, the color code shall be as recommended by the equipment manufacturer. All sheets shall include a right hand margin title block (see contract drawings). All devices schematically_ represented on wiring diagrams shall be identified with room numbers corresponding to equipment locations in the building. 3. 'Submittal shall include block - diagram of equipment to show equipment relationship and signal flow - paths. In addition, provide dB loss budget calculation for entire system. 4. Submittal information shall include complete manufacturer's published data -and specific data 'for the system equipment or submittal for approval. 5. The Contractor is specifically cautioned that the Owner is entitled to all operating and instruction manuals, wiring and schematic diagrams, and other technical documentation whereby repairs and maintenance by the Owner or its designated representative may be performed. Unwillingness to comply with this requirement shall be grounds for rejection of the use of that manufacturer. Acceptance of a contract by the wiring systems Contractor is acknowledgement that the above complete operating and maintenance data, documents will be provided to the Owner. 4.05 QUALIFICATIONS Contractor Qualifications: The Contractor directly responsible for this work shall be a 'Premise Distribution Wiring Systems Contractor" who is, and who has been, regularly engaged in the furnishing and installation of commercial and industrial communication systems of this type and size for at least the immediate past five years. Bidders shall submit with their bid, a list of those installations and the name and phone number of a contact person. Additionally, bidders shall submit with their bid the following_ a. Names and qualifications of those persons that will be assigned to provide the services required. 0 School District of St. Lucie County ITB 09 -08E Cabling Labor Hourly 'Rates and Materials for Premise Distribution Wiring b. Experience of the firm /staff in providing the type of services the District requires. C. Copies of licenses and certifications. d. Certificate of Insurance (successful bidder will have their carrier name the District as an additional insured). e. A statement as to your ability to provide the required services. f. The methodology for the following: Installation and termination of fiber or other technology to MDF at each premise; Maintenance of fiber or other equipment to include expedient repair of any damage to connectivity medium. Charges are to be based upon the established billing period of the vendor and in accordance with Florida Statute. g. A Service Provider Identification Number (SPIN) must be provided for E -rate filing. A certified Panduit and Beldon technician shall install all equipment. The Contractor shall submit, with their bid, resume's of those individuals, (Project Manager, Foreman, etc.) which will be assigned to the District's projects. 1.06'EXECUTION OF.THE WORK A. Drawings: 1. The drawings are diagrammatic and are not. intended as wiring diagrams. The Wiring Systems Contractor shall be required to obtain existing electrical drawings as required or consult with St. Lucie County School Board. The Contractor shall provide coordination as required for the installation of the system in a neat and workmanlike manner. B. Existing Conditions: 1. The contractor shall be required to perform a site visit and examine existing conditions thoroughly before beginning each project. The Network Cabling Specialist and the contractor shall discuss any conditions, which may have an impact on the contractor's ability to perform the work. 2. A conference will be held prior to the start of each project to review the scope of the work and the existing conditions. C. Coordination with Work Done by Others: 1. The Premise Distribution Wiring Systems Contractor shall provide all required coordination and supervision where work connects to or is affected by work of others, and. comply with all requirements affecting this Division: Work. required under other divisions, the Premise Distribution Wiring System Contractor shall coordinate specifications, or drawings to be performed by this section. 2. The contractor, prior to starting a project, shall determine what additional electrical service is required and notify the St. Lucie County School Board. D. Cable Installation: The contractor shall be responsible for pulling all cable from point of origin to termination in each individual classroom and offices, installing appropriate connectors, face plates, and any additional junction boxes. W] School District of St. Lucie County ITB 09 -08E E. Connections: Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring 1. All connections of stranded wire to screw terminals shall be by insulated spade lugs, crimp fastened to wire. 2. No splices shall be permitted within a conduit run. 3. All non - terminal block connections shall be made with mechanical connectors with insulation equal to conductor insulation and as approved by the Engineer. 4. Wire shall be guided on terminal boards by cable supports. All cables shall be neatly led to terminations. F. Equipment Installation: 1. All screws shall be of the correct type for each device as to head size, material and slot type. 2. Installation shall conform to the latest edition of the National Electrical Code. Workmanship shall be of the highest quality. All connections and equipment installation and adjustment shall be made by or supervised by an Electronic Technician. 3. The systems, upon completion, shall' be complete in every respect, clean, operating, properly adjusted, and in perfect operating condition. G. Color Coding The contractor shall follow the color- coding scheme: Color Connection Type Description . Blue Data Belden media twist Cat 6 Blue Voice Belden media twist Cat 6 Orange Data Panduit Jacks Cat 6 Int. White Voice Panduit Jacks Cat 6 Int. White Datalloice Panduit Face Plates Black Datalloice Chadworth-Racks Green Patch cables 1.07 FINAL INSPECTION A. Cable Installation Standards, as well as School'District Instructions in the work packages, skull be used for in- process quality control and final acceptance of the work installation. B. The Contractor may participate in and witness a pre - installation inspection performed by the Owner of equipment and materials to be utilized in this project: The Owner for compliance with the requirements of the Specification, Drawings, and other referenced standards may verify all items. C. The Contractor and Owner shall perform in- progress inspections, which include inspections of equipment condition, wiring, splicing, cabling, mounting, and placement of equipment, miscellaneous hardware, and adherence to. safety procedures. The Contractor shall assure compliance with the specified installation 'criteria. D. The Contractor shall conduct a final inspection that encompasses all phases of the installed project. This inspection shall be conducted to verify all phases of the Contract have been completed according to the Specifications and that proper installation practices have been followed. This inspection shall include a review of "red - lined" drawings,. if applicable. The Owner shall participate in, and witness, the final inspection of the Premise Distribution System. 10 School District of St. Lucie County ITB 09 -08E Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring E. Copper Cable - Inspection shall include color code compliance, labeling, distribution closet jumpers, patch cords, grounding /bonding, workmanship, capacitance measured in Pico Farads /foot (pF /ft), termination block layout and installation, and routing. F. - Fiber Optic Cable - Inspection shall include labeling, distribution closet jumpers, patch cords, workmanship, termination block layout and installation, and routing. Testing shall include the use of a Certified Fiber Optic Analyzer or in conjunction with an OTDR (Optical Time Domain Reflectometer) to perform end -to -end and OTDR attenuation tests. All results must be recorded for submission with as -built drawings. PART 2 - EXECUTION 2.01 WORKMANSHIP A. Components of the premise distribution system shall be installed in an organized, acceptable industry standard consistent with the specified telecommunication wiring practices. B. Wiring color codes shall be strictly observed and terminations shall be uniform• throughout the building. C. Identification markings and systems shall be uniform. Each cable and each port shall be labeled with the corresponding room (FISH) no., outlet no., and -port no., as shown on the drawings.. D. EIAMA preferred wiring codes as shown on the drawings shall standardize all wiring. E. Contractor shall route all STP and UTP cables above ceilings in the most concealed manner. 2.02 SUPPORT AND ROUTING OF CABLES AND CONDUIT.FOR TELECOMMUNICATIONS A. Station cables and tie cables used in this system are to be installed within return air ceiling spaces. Cables shall be routed through these spaces at right angles to electrical power circuits and supported only from the structure. Riser and tie cables shall be extended between IDF's utilizing the inter -floor conduit sleeves. B. Use of ceiling tiles, grid or hanger wires for support for PDS cables shall be prohibited. C. The PDS system contractor shall install a complete set of supporting rings, and other supporting hardware for this system as part of the PDS contract. All supporting hardware shall be submitted' to the engineer for approval prior to installation. 2.03 INSTALLATION OF FIBER OPTIC CABLE A. Fiber optic cable shall be installed using a 400 Ib: rated pull line with release swivel: B. Installation shall comply with manufacturer's recommendations: Do not exceed recommended strain limits.. C. Prior to installing the fiber optic cable, the Contractor shall install inner -duct in the existing cable. 2.04 SUPPORT OF VERTICAL RISER CABLES A. Vertical riser cables shall be properly secured to prevent slippage due to gravity. 11 School District of St. Lucie County iTB 09 -08E Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring B. As a minimum requirement, cables shall be supported at their uppermost point and at each flow of vertical travel. 2.05 TESTING OF WIRING ACCURACY A. Each outlet shall be tested by using a .Certified Cable Analyzer to verify both the integrity of all conductors and correctness of the termination sequence. Testing shall be performed between jacks at the outlets and jacks at the I DF station field. . B. Fibers_ in fiber optic cable shall be tested for correctness of termination and overall transmission loss using an approved fiber optic transmission loss test instrument. System loss measurements shall be provided at 850 and 1300 nanometers of the completed installation. C. Approved fiber optic test equipment shall be a Certified Cable Analyzer (CCA) Source. CCA tests shall be conducted first. If OTDR (Optical Time Domain Reflectometer) testing becomes necessary, cost of such testing shall be negotiated with the Contractor. Use OTDR to and CCA to: 1. Measure normalized fiber loss at the operating wavelength in dB/km. 2. Detect point faults or discontinuities. 3. Measure overall length. 4. Measure actual fiber loss. D. Test documentation shall be included with as -built test documentation and shall ihclude: 1. Fiber and cable no. 2. Measurement direction 3. Test equipment model and serial no's 4. Date 5. Reference setup 6. Operator 7. Cable Records a. School Site Name b. MDF or IDF and Room # c. Building # d. Patch panel # and Port E. Testing of Station Wiring Each data outlet shall be tested using a Certified Cable Analyzer to verify both the integrity of all conductors and the correctness -of the termination sequence. Testing shall be performed between the modular jack at the outlet and the modular jack afthe patch panel station field. Documentation of.the'cabie tests shall be provided with the as -built drawings. The test reports shall include for all pairs: a. Wire Map b.lnstalled lengths c. Resistance of DC Loop d. Propagation Delay e. NEXT f. NEXT & Remote g. Attenuation Spec's h. Bandwidth Spec's F. System Commissioning upon commissioning of the aforementioned tests and before system commissioning, actual telephone and data testing shall be performed. The tests may be performed 12 School District of St. Lucie County ITB 09 -08E Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring with existing equipment if in place or using contractor provided equipment or test equipment. The tests shall be performed on a sample basis (10% of installed COs) on various portions of the network as determined by the design professional and school. The tests shall be witnessed by the Contractor, design professional and school representatives. 2.06 AS -BUILT DOCUMENTATION As -built documentation shall be provided as part of the PDS contract. As -built drawings shall be a complete set of reproducible sepia floor plans with all outlets shown and numbered as installed. All cablo routings (trunk lines) and locations of each IDF indicating outlet, tie and backbone cable terminations shall be required, along with elevation drawings of each IDF. Cable routing diagrams of the cable plant shall indicate end points, fiber routing, splice points, patch panel locations, terminations, and cable lengths. All termination sequences shall be in schedule form (spreadsheet) affixed to the associated floor plan sheet with that IDF elevation detail. All cable test results along with documented testing procedures shall be included in this information. All addendum information or .project revisions resulting in drawing changes that occur during the construction period shall be documented and included in the as -built material. All required as -built documentation is mandatory and shall be reauired prior to project closeout. 11.0 SCHOOL DISTRICT, OF ST. LUCIE COUNTY, FLORIDA RIGHTS The School Board reserves the right to: Reject any and all offers received as a result of this Bid Disqualify a bidder from receiving the award if such .bidder, or anyone in the bidder's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. Seek clarification of information submitted and to waive minor irregularities in any bid: . Accept and utilize any and all ideas submitted in any bid. Adopt all or any part of a bid. Negotiate further with any bidder responding to this bid if it will serve the best interest of the School District. _ Select and award the contract-to the responsive bidder providing the best value to the School District. . Subsequent to establishing a contract resulting from thisbid, if the School District determines additional features, service, modifications, or deletions are needed and it is in the District's best interest, the District may enter into negotiations with the contractor to amend the contract. Also, if a contractor has newer technology the School District may exercise the right to upgrade to that technology by way of an amendment agreeable to both parties. 12.0 BID PREPARATION EXPENSES The School District is not liable for any costs incurred by a bidder in the preparation of their proposal or for any services or work performed prior to the issuance of a contract. 13 School District of St. Lucie County ITB 09 -08E 13.0 ADDITIONAL INFORMATION Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring Inquiries and /or additional information regarding basic bid procedures may be obtained from: Allen Lee Purchasing Agent and Warehouse Supervisor 329 N.W. Commerce Park Drive Port St. Lucie FL 34986 Telephone: (772) 936-6980, Fax Number:(772) 336 -6985 E -mail: Iee2aCcDstlucie.k12.fl.us These questions will not necessarily be answered in the form of an addendum as mentioned in Section 7.4. Email questions are preferred. 14.0 INFORMATION TO BE INCLUDED IN THE SUBMITTED IN THE BID Title Pape: Show the ITB number, subject, the name of the bidder, address, telephone number and the date. Additional Data: Give any additional information considered essential to the proposal in this section; such as expenses /fees, internal controls, or other related areas as well as any other options, features, or technologies that may improve efficiencies. 15.0 CANCELLATION OF AWARD /TERMINATION: In the event any of the provisions of this proposal are violated. by. the bidder(s), the Superintendent or designee will give written notice to the bidder(s) stating the deficiencies and unless the. deficiencies are corrected within ten (10) days, recommendation will be made to the School District for immediate cancellation. Upon cancellation hereunder, the District may pursue any and all legal remedies as provided herein and by law. The District reserves the right to terminate any contract resulting from this RFP, at any time and for any reason, upon giving 90 days pdorwritten notice to the other party. If said contract should be terminated for convenience as provided herein, the District will be relieved of all obligations under said contract. The District will only be required to pay to the service provider(s) that amount of the contract actually performed to the date of termination. The successful bidder(s) will have the option to terminate the contract upon written notice to the Director of Purchasing. Such notice must be received at least 90 days prior to the effective date of termination. Cancellation of contract by the successful bidder(s) may result in removal from bidders /bidder list for a period of three years. 16.0 DEFAULT In the eventthat the successful bidder(s) should breach this contract the District reserves the right to seek remedies in law and/or in equity. 14 School District of St. Lucie County ITB 09 -08E 17.0 MINOR BID EXCEPTIONS Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring This School District reserves the right to waive minor deviations or exceptions in proposal's providing such action is in the best interest of the School District of St. Lucie County. Minor deviations /exceptions are defined as those that have no adverse effect upon the School District's interest and would not affect the outcome of the award by giving a respondent an advantage or benefit not enjoyed by other respondents. 18.0 NON EXCLUSIVE RIGHTS The right to provide the commodities and services, which will be granted under the contract, shall not be exclusive. The School District reserves the right to contract for and purchase commodities and services from as many firms as it deems necessary without infringing upon or terminating the contract. 19.0 LEGAL REQUIREMENTS' It shall be the responsibility of the contractor to be knowledgeable of all federal, state, county and local laws, ordinances, rules and regulations that in any manner affect the items covered herein which may apply. Lack of knowledge by the bidder(s) will in no way be a cause for relief from responsibility. Bidder(s) doing business with the District are prohibited from discriminating against any employee,• applicant, or client because of race, creed, color, national origin, sex or age with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection. 20.0 CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 Florida Statutes. All Bidders must disclose the name of any officer, director, or agent who is also an.employee of the District. All Bidders must disclose the name of any District employee who owns, directly or indirectly, any interest in the Bidders' business oi• any of its branches. 21.0 PERFORMANCE Upon award and subsequent default by Bidder, the School District of St.. Lucie County reserves the right to pursue any or all of the following remedies:. (1) to accept the next lowest available RFP price or to purchase equipment or services on the open market, and to charge the original awardees for the difference in cost via a deduction to any outstanding or future obligations; (2) the Bidder in default will be prohibited from activity for a period of time determined by the severity of the default, but not exceeding two years; (3) any other remedy available to the School District in tort or law. 22.0 AUDIT AND INSPECTION. The School District of St. Lucie County or its representative reserves the right to inspect and /or audit all the Bidder's documents and records as they pertain to the products -and services delivered under this agreement. Such rights will be exercised with notice to the Bidder to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this agreement. Documents /records in any form shall be open to the District's representative and may include but are not limited to all 15 School District of St. Lucie County ITS 09 -08E Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring correspondence, ordering, payment, inspection and receiving, records, and contracts or sub- contracts that directly or indirectly pertain to the transactions between the District and the Bidder. 23.0 INDEMNIFICATION / HOLD HARMLESS AGREEMENT The successful bidder(s) shall, in addition to any other obligation to indemnify the St. Lucie County School District and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the School District, their agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out- of any actual or alleged; A. bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the contractor, subcontractor, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the work; or B. violation of law, statute, ordinance, governmental administration order, rule or regulation by contractor-in the performance of the work; or C. liens, claims or actions made by the contractor or any subcontractor or other party performing the work. The indemnification obligations hereunder shall not be limited to any limitation.on the amount, type of damages, compensation or benefits payable by or for the contractor of any subcontractor under workers' compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any costs or expenses, including attorney's fees, incurred by the St. Lucie County School District to enforce this agreement shall be borne by the contractor. Awardees(s) recognize the broad nature of this indemnification and hold, harmless. article, and voluntarily makes this covenant and expressly acknowledges the receipt of TEN DOLLARS payable upon receipt of first invoice and other good and valuable consideration provided by the District in support of this indemnification in accordance with the, laws of the State of'Florida. This article will survive the termination of this contract. 24.0 PUBLIC RECORDS LAW All proposal documents or other equipment submitted by the bidder in response to this RFP will be open for inspection by any person and in accord with Chapter 119,* Florida Statutes. 25.0 PERMITS AND LICENSES The bidder(s) will be responsible for obtaining any necessary permits and licenses and will comply with laws, rules, and regulations whether state or federal and with all local codes and ordinances without additional cost to the District. 26.0 INTELLECTUAL PROPERTY RIGHTS The bidder(s) will indemnify and - hold harmless, the District from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the contract, including its use by the District. If the bidder(s) uses any design, device, equipment or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property 16 School District of St. Lucie County iTB 09 -08E Cabling Labor Hourly Rates-and Materials for Premise Distribution Wiring right, it is mutually agreed and understood without exception that the proposal prices will include all royalties of costs arising from the use of such design, device, or equipment in any way involved in the work. This article will survive the termination of any contract with the School District. 27.0 SUB - CONTRACTS Nothing contained in this specification will be construed as establishing any contractual relationship between any sub - bidder(s) and the District. The bidder(s) will be fully responsible to the'District for the acts. and omissions of the sub - bidder(s) and their employees. After award of contract, any changes in subcontractors or subbidders requires prior School District written approval. 28.0 .INDULGENCE Indulgence by the District on any non - compliance by the bidder does not constitute a waiver of any rights under this RFP. 29.0 SUB - CONTRACTING /MINORITY BUSINESS PARTICIPATION The District strongly encourages the use of Minority/Woman owned business enterprises for participation as associates, joint ventures, prime bidders, arid sub - bidders in contracting opportunities. 30.0 PUBLIC ENTITY CRIMES Pursuant to Section 287.133, F.S., as amended, 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 /RFP on a contract to provide any. goods or services to *a public entity, may not submit a bid /RFP on a contract with a public entity for the .construction or repair of a public building or public work, may not submit bids /RFPs on leases of 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 ih 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. The bidder(s) certifies by submission of this RFP, that neither it nor its principals is presently -debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 31.0 ASSIGNMENT OF CONTRACT AND /OR PAYMENT This contract or agreement is personal to the parties herein and may not be assigned, in whole or in part, by the bidder without prior written consent of the School District. The bidder herein shall not assign payments under this contract or agreement without the prior written consent of the School District. 17 School District of St. Lucie County ITB 09 -08E 32.0 AGREEMENT Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring A purchase order and /or a contract will be released, after award, for any product to be supplied as a result of this bid. The bid, negotiated term, agreement if applicable, and the corresponding purchase order will constitute the complete agreement between bidder and the District. 33.0 JOINT PROPOSAL In the event multiple bidders submit a joint proposal in response to the bid, a single bidder shall be identified as the Prime Vendor. If offering a joint bid, Prime Vendor must include the name and address of all parties of the joint- bidl. Prime Vendor shall provide all bonding (if required) and insurance requirements, execute any Contract, complete the REQUIRED RESPONSE FORM shown herein, have overall and complete accountability to resolve any dispute arising within this contract. Only a single contract with one bidder shall be acceptable. Prime Vendor responsibilities shall include, but not be limited to, performing of overall contract administration, preside over other bidders participating or present at District meetings, oversee preparation of reports and presentations, and file any notice of protest and final protest as described herein. Prime Vendor shall also prepare and present a consolidated invoice(s) for products delivered. The District shall issue only one check for each consolidated invoice to the Prime Vendor for services performed. Prime Vendor shall remain responsible for performing services associated with response to this RFP. 34.0 TERMINATION OF CAUSE The School District reserves the right to immediately terminate the contract by providing written notice to the contractor(s) if the School District determines any of the following have -occurred: a. The contractor knowingly furnished any statement, representation, warranty or certification in connection with the solicitation or the contract, which representation is materially false, deceptive, incorrect, or incomplete. b. The contractor fails to perform to the School District's satisfaction any material requirement of the contract or defaults in performance of the contract. c. The performance of the contract is substantially endangered by the action or inaction of the contractor, or such occurrence can be reasonably anticipated. d. The State enacts a law, which removes or restricts the authority of the School District to conduct all or part of its function. 35.0 RIGHTS AND PRIVILEGES All rights and privileges accorded to the state as buyer by chapter 672, Florida Statutes; shall apply to any transactions(s) resulting from this bid. Any attempt by respondent to limit such rights shall have no force and effect. a. Any purchase agreement form, equipment agreement form, software or services form or any other form or contract submitted by respondent after award of this contract will not be used since a contract resulting from this bid and purchase order will constitute the complete agreement. Any purchase agreement form, equipment agreement form, software or services form or any other form or contract submitted by respondent shall have no force and effect. b. Warranties submitted with your proposal, either appearing separately or included in reprinted literature and price lists, shall not be acceptable and provisions herein take precedence. 18 School District of St. Lucie County ITB 09 -08E 36.0 FORCE MAJEURE Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring Except as otherwise provided herein, neither the contractor nor the School District shall be liable to the other for any delay in, failure of performance of; any covenant contained herein nor shall any such delay or failure of performance constitute default hereunder, to the extent that such delay or failure is caused by forts majeure. As herein used "force majeure" is strictly limited to include fire, explosion, action of the elements, rationing, war, or civil disturbance. The existence of such causes of delay or failure shall extend the period for performance to such extent as may be necessary to enable complete performance in the exercise of reasonable diligence after the causes of delay of failure have been removed. 37.0 NEW UPGRADE PRODUCTS If new and /or upgrade products are made available by the product manufacturer, the bidder of such items shall submit that upgraded item along with a notation stating that it is the new upgraded product of a discontinued item. A reasonable price must be submitted for each items requested. 38.0 CONTRACT VARIANCES -AND EXCEPTIONS Vendor shall provide any variances, exceptions, or variations to requirements, specifications, products, and %or services outlined in.this proposal Use additional sheets'if needed. 39.0 RED LIGHT RULE USAC shall withhold action on any application or request for benefits made by an entity that is delinquent in its non -tax debts owed to the Commission, and shall dismiss such applications or requests if the delinquent debt is not resolved USAC shall dismiss any outstanding'requests for funding commitments if a service provider, as applicable, has not paid the outstanding debt, or made otherwise satisfactory arrangements, within 30 days of the date of the notice. The "Red Light Rule" will not be applied if there is a pending administrative appeal on the administrative debt. FCC considers Red Light information to be proprietary and will, therefore, not publish a list of Red Lighted entities. Entities that know their FCC Registration Number and CORES password can check their status by going to the Red Light Display System at www.fcc.0ov /redlight. 40.0 JESSICA LUNSFORD All vendors must comply with the requirements of the Jessica Lunsford Act. Failure to follow theses guidelines will result in the termination of the vendor's services. All vendors must sign attachment G indicating that they understand and will adhere to these requirements 19 School District of St, Lucie County ITI3 09 -08E 41.0 PRODUCT LIST AND PRICING Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring All pricing submitted will include all packaging, handling, shipping charges, and delivery to any point within St. Lucie County, Florida to a secure area or inside delivery. The School District of St. Lucie County is exempt and does not pay Federal Excise and State of Florida Sales taxes. The pricing and materials will be required for current sites and all future sites as the School District of St. Lucie County continues to grove. For balance of line items for products not listed below price will be expressed as a percentage off of list price. Vendor will need to provide current list pricing with bid. ALL PRICING IN ATTACHEMENT A SHOULD BE PRICED OUT AS UNIT PRICING. USE INDUSTRY STANDARD BASED ON ITEM. 41.1 4 % discount off of list price 41.2 UNIT PRICING Hourly Rate for Installation per the scope of work outlined in this proposal including CAT a and CAT 6 cabling. 15.00 $ per hour We may enter into a multi -year contract and exercise our option for voluntary extensions at the same discount off of list prices that is being submitted in this bid which will include additional upgraded /changed technology. 41.3 Renewal periods for price list: The percentage Increase below represents the pricing increase over the initial pricing for the lot contract period of the b €d 0710112009 — 6/3012010. A. For the period of 07/01111 — 06130112 3 % increase B. For the period of 07/01/12 — 06/30/13 3 % increase C. For the period of 07/01/13 — 06/30/14 3 % increase Signature Date November 18, 2008 ark Vanson- President Universal Cabling Systems, Inc. 20 School District of St. Lucie County ITB 09 -08E Product List Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring ATTACHMENT A DESCRIPTION TYPE PART #COLOR SIZE Belden Media twist Cat 6 Bonded PVC Cable CAT 6 1872A Blue Belden Media twist Cat 6 Bonded Plenum Cable CAT 6 1874A Blue Belden Cat BE PVC Cable CAT BE 1583A Blue Belden Cat BE Plenum Cable CAT BE 1585A Blue ;77 Belden Cat BE PVC Cable for Voice CAT 5E 1583A White Belden Cat 5E Plenum Cable for Voice CAT 5E 1585A White Belden Cat 6 PVC Cable for Voice CAT 6 7881A White Belden Cat 5 Plenum Cable for Voice CAT 6 7882A White Cables to Go Patch Cables CAT 6 Green 3 Ft. Cables to Go Patch Cables CAT 6 Green 5 Ft. Cables to Go Patch Cables CAT 6 Green 7 Ft. Cables to Go Patch Cables CAT 6 Green 10 Ft. V26 Panduit Cat 6 PVC Cable CAT 6 PUR6004BU -U 1000 ft Panduit Cat 6 Plenum Cable CAT 6 PUP6004BU -U 1000ft Panduit Cat BE PVC Cable CAT BE PUR5504BU -U 1000 ft Panduit Cat BE Plenum Cable CAT BE PUP5504BU -U 1000 ft Cat BE Gel Cable CAT BE 0400158 1000 ft 204.00 Cat 6 Gel Cable CAT 6 04001681000 ft 264.00 Pandult Cat BE PVC Cable for Voice CAT BE PUR5504WH -U 1000 ft 129.36 Panduit Cat BE Plenum Cable for Voice CAT BE PUP5504WH -U 1000 ft 262.80 Panduit Cat 6 PVC Cable for Voice CAT 6 PUR6004WH -U 1000ft 199.20 Panduit Cat 6 Plenum Cable for Voice CAT 6 PUP6004WH -U 1000 ft 403.20 12 Strand 62/125um Fiber Optic multimode Backbone Cable OCC DX 12 -065D 1000 ft 24 Strand 621125um Fiber Optic muitimode Backbone Cable OCC DX 124 -0800 1000 ft 12 Strand 50/125um Fiber Optic Multimode Backbone Cable OCC DX 120- 65DA3U 1000 ft 24 Strand 50/125um Fiber Optic Mutimode Backbone Cable OCC 1000ft 50 Pair Voice Backbone Cable PVC CAT 3 M55216 1000ft 132.00 100 Pair Voice Backbone Cable PVC CAT 3 M55211 1000ft 270, 00 50 Pair Volce Backbone Cable PE -89 09- 100-02 1000 ft .00 100 Pair Voice Backbone Cable PE -89 09- 104 -02 1000 ft 234.00 50 Pair Circa Protector 1890EC61 -50 264.00 160 Pair Circa Protector 1890ECT1 -100 Protector Fuses 3B1S -300 Bullet Bonds 4460 -S 1.02 CAT6 Jacks CAT 6 C3688TGOROran e CAT5E Jacks CAT BE CJ5E88TGOROran e 4.02 Siemon Jacks for Cafeteria Industrial MAX 6 Outlet CAT 6 X6 37.49 Siemon Jacks for Cafeteria Industrial MAX BE Outlet CAT BE X5 25.26 Siemon Industrial MAX 6 Plus CAT 6 XC6 -XX 40.80 Siemon Industrial MAX 5E Plus CAT BE XC5 -XX 25.20 Voice Jacks Cat 6 CAT 6 CJ688TGWHWhite 6.11 Voice Jacks Cat BE CAT BE CJ5E88TGWHWhite 3.85 Panduit Executive Face Plates Single Gang CFPE1IWY Panduit Executive Face Plates Si le Gang CFPE2IWY Panduit Executive Face Plates Single Gang CFPE4IWY 1 79 Panduit Executive Face Plates Single Gang CFPE61WY Panduit Executive Face Plates Double Gan CFPE101WY 21 Universal Cabling Systems, Inc. School District of St. Lucie County ITB 09 -08E Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring DESCRIPTION TYPE PART #COLOR SIZE PRICE Single Gang Faceplate Frame UICFPRTR41WInt. White 7.32 Blank Insert for Faceplate CMBIW -Xlnt. White .22 Faceplate Frames CBEIWY 1.62 LD Surface Raceway LD51W10 -A 1.49 Surface Mount Box CBX41W 3,89 Surface Mount Box CBXD61W A 6.70 Inserts CHS2SIW X 2,57 Inserts CHB21W -X .42 Cat 6 48 Port Patch Panel CAT 6 DP48688TGBIack 291.66 Cat 5E 48 Port Patch Panel CAT 5E DP485E88TGYBIack 248.15 Cat6 24 Port Patch Panel CAT 6 DP24688TGYBIack 149.35 Cat5e 24 Port Patch Panel CAT 5E DP245E88TGY8Iack 110.54 Angled Patch Panels CAT6 DPA24688TGYBIack An led Patch Panels CAT 6 DPA48688TGYBIack 418.80 100 Pair 110 Block PIIOBW100X 11.88 50 Pair 110 Block 4 Pair C -Cli s P110CB4 -X .54 5 Pair C -Clips P11OCB5 -X .58 3M Hot Melt Fiber Connector 62.5 6100 -W 5, 3M Hot Melt Fiber Connector 50 8100 -YS 8.34 Leviton Twist Lock Fiber Connector 62.5 49882 -MSF 7.16 Leviton Twist Lock Fiber Connector 50 49884 -SSC 11.88 Coming Crimp Fiber Connector 62.5 95- 000 -50 9.90 Coming Crimp Fiber Connector 50 95- 050 -50 Fiber Optic Rack Mount Enclosure for MDF FRME3 203.80 Fiber Optic Rack Mount Enclosure for IDF FRME2 180.30 Fiber Optic Adapter Panels for MDF & IDF FAP6WST 29.40 Vertical Cable Management WMPVHC45EBlack 229.20 Horizontal Cable Manager WMPH2EBlack 55.98 Panduit Patch Cables CAT 6 UTPSP3YLYellow3 Ft. 5.98 Panduit Patch Cables CAT 6 UTPSP5YLYe1low5 Ft. 6.78 Panduit Patch Cables CAT 6 UTPSP7YLYe11ow7 Ft. 7.32 Panduit Patch Cables CAT 6 UTPSP3White 3 Ft. 5.94 Panduit Patch Cables CAT 6 UTPSP5White 5 Ft. 6.78 Panduit Patch Cables CAT 6 UTPSP7Wh1te TH. 7.32 Panduit Patch Cables CAT 6 UTPSPBWhite9 FL 7.80 Panduit Patch Cables CAT 6 UTPSP14White14 FL 9.12 Panduit Patch Cables CAT 6 UTPSP20White2O Ft. 10.68 Panduit Patch Cables CAT 5E UTPCH3Yel1ow3 Ft. 3.54 Panduit Patch Cables CAT 5E UTPCH5Yellow5 Ft. 3.96 Panduit Patch Cables CAT 5E UTPCH7Yel1ow7 Ft. 4.44 Panduit Patch Cables CAT 5E UTPCH3Wh1te3 Ft. Panduit Patch Cables CAT 5E UTPCH5White5 Ft. 3.96 Pandult Patch Cables CAT 5E UTPCH7Wh1te7 Ft. 4.44 Panduit Patch Cables CAT 5E UTPCH1OWhite1O Ft. 5.22 Panduit Patch Cables CAT 5E UTPCH14White14 Ft. 6.18 Panduit Patch Cables CAT 5E UTPCH2OWhite2O Ft. 7.62 Cables to Go Patch Cables CAT 6 Yellow 3 Ft. 1.79 Cables to Go Patch Cables CAT 6 Yellow 5 Ft. 2.03 22 Universal Cabling Systems, Inc. School District of St. Lucie County ITB 09 -08E Cabling -Labor Hourly Rates and Materials for Premise Distribution Wiring DESCRIPTION TYPE PART #COLOR SIZE PRICE Cables to Go Patch Cables CAT 6 Yellow 7 Ft. 2.39 Cables to Go Patch Cables CAT 6 White 3 Ft. 1.79 Cables to Go Patch Cables CAT 6 White 5 FL 2.03 Cables to Go Patch Cables CAT 6 White 7 Ft. Cables to Go Patch Cables CAT 6 White 10 Ft. 2.64 Cables to Go Patch Cables GAT 6 White 14 Ft. 3.78 Cables to Go Patch Cables CAT 6 White 25 Ft. 5.40 Cables to Go Patch Cables CAT 5E Yellow 3 Ft. .90 Cables to Go Patch Cables CAT 5E Yellow 5 Ft. 1.20 Cables to Go Patch Cables CAT 5E Yellow 7 Ft. 1.38 Cables to Go Patch Cables CAT 5E White 3 Ft. 0 Cables to Go Patch Cables CAT 5E White 5 Ft. 1.20 Cables to Go Patch Cables CAT 5E White 7 Ft. 1.38 Cables to Go Patch Cables GAT 5E White 10 Ft 1.80 Cables to Go Patch Cables GAT 5E White 14 FL 2.28 Cables to Go Patch Cables CAT 5E White 25 Ft 4.02 Red Crossover Patch Cable CAT 5E Red 5' 1.80 6' USB Printer Cables A'Any Color 4.32 10' USB Printer Cables 10'Any Color 4.20 Fiber Optic Patch Cords ST to SC MM 621125um 3 meter Fiber Optic Patch Cords ST to SC MM 50/125um 3 meter Fiber Optic Patch Cords ST to ST MM 6211.25um 3 meter 12.72 Fiber Optic Patch Cords ST to ST MM 50/125um 3 meter 12.72 Fiber Optic Patch Cords ST to LC MM 621125um 3 meter 16.62 Fiber Optic Patch Cords ST to LC MM 50/125um 3 meter 16.62 Fiber Optic Patch Cords SC to SC MM 62/125um 3 meter 13.68 Fiber Optic Patch Cords SC to SC MM 50/125um 3 meter 13.68 Fiber Optic Patch Cords LC to ST MM 62/125um 3 meter 16.62 Fiber Optic Patch Cords LC to ST MM 501125um 3 meter 16.62 Fiber Optle Patch Cords LC to SC MM 621125um 3 meter 16.92 Fiber Optic Patch Cords LC to SG MM 501125um 3 meter Fiber Optic Patch Cards LC to LC MM 621125um 3 meter 18, Fiber Optic Patch Cords LC to LC MM 50/125um 3 meter 1 Velcro HLS- 15R6BIue15 Ft. Roll 16.44 Velcro HLS- 15R6131ack15 Ft. Roll 16.44 7'x19" Standard Self-Support Rack 55053- 703BIack7'x19" 126.00 Isolation Pad Avays /Circa 10605 -019 50.52 Universal Cable Runway 10250- 712BIackl2" Width Runway Radius Bend 10724- 712BIackl2" Width 88.20 Butt Splice Kit 11301 -001 7.5 3" Channel Rack to Runway 10595- 712BIack Wall Angle Support Kit 11421- 712BIack 18.00 Vertical Wall Bracket 10608 -001 J -Pro Cable Support System JP75DW -L20 99.60 J -Pro Cable Support System JP131DW -L20 1.98 J -Pro Cable Support System JP2DW -L20 2.21 J -Pro Cable Support System JP2HBC25R -L20 J -Pro Cable Support System JP2HBC50R -L20 2.92 J -Pro Cable Support System JP2HBC75R -L -20 3.12 23 Universal Cabling Systems, Inc. School District of St. Lucie County ITB 09 -08E Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring DESCRIPTION TYPE PART #COLOR SIZE PRICE J -Hooks Caddy CAT32 1.94 Beam Clams Caddy BC .48 Bat -Wins Caddy KX per 100 246.0 Protective End Caps, Cable Runway 10642 -001 6.60 Cabinets Hanging WC2438BIack48 "x24 "x32" Cabinets Floor Chadworth M1030 -721 t34 2" Sleeves SSS -2 #6 Ground Wire THHN -6 -STR 1000 ft 90.00 #6 Ground Lu s KA6U 4 APC Smart UP 750 Floor Model SUA750 346.93 APC Smart UP 1000 Floor Model APC Smart UP 1000 Rack Mount SUA1000RM2U 651.6 APC Smart UP 2200 Rack Mount SUA2200RM2U 1191.60 APC Smart UP 5000 Rack Mount SU5000RTBX120 3340.80 Sure Protectors 7 or 8 Outlet - Joules over 1000 12816 -703 126.0 Fellows Split Sure Protectors 99070 32.10 10' -1" PVC Schedule 80 PVC -80 -1 4.32 10' -1" PVC Schedule 40 PVC -1 2.64 1" PVC 90 degree ELL -90 -1 .72 1" PVC Coupling Coup -1 .19 1" PVC Male Adapter Ta -1 .31 V PVC Female Adapter Fa -1 ,35 1" PVC 2 Hole Strap Clam - vc -1 .34 10'- 2" PVC Schedule 80 PVC -80 -2 .92 10' - 2" PVC Schedule 40 PVC -2 .54 2" PVC 90 degree Ell-90-2 1.88 2" PVC Coupling coup-2 .48 2" PVC Male Adapter Ta -2 .68 2" PVC Female Adapter Fa -2 .68 2" PVC 2 Hole Strap Clam -PVC -2 .55 2" EMT 2 -EMT 1.85 2" Rigid 2 -GALV 5.14 2" EMT Coup - Steel Set Screw 245 -DC 1.76 2" EMT Conn - Steel Set Screw 245 -DC2 1,62 2" Mineralac Strap 2156 2" Strut Strap - EMT P1217AS -EG 1.20 2" 2 Hole Strap - EMT 1925 .22 2" Plastic Bushings 326 .60 2" Lock Ring 106 -DC .44 12x12x6 NEMA 1 Metal Box ASG 12x12x12 50.48 UAW 3R Fiberglass Box - Hin ed Al2R126 34.61 8x8x6 3R Fiberglass Box - Hinged A8R86 21.68 10'- 7/8" Strut - HDG P410OT - -10HG 32.10 10' - 1 5/8" Strut - HDG P1000T -10HG Box 1/4" x 1 1/4 "Ta cons CHS10 per 100 7.00 Box 1/4" x 1 3/4" Ta cons CSH2O per 100 7.00 Box 114" x 1 114" Fender Washers JW116 per 100 4.79 Box 10 x 1" Machine Screws - Phillips JRM 93 per 100 2.76 Box 10 x 2" Machine Screws - Phillips JRM 113 r 100 4.50 24 Universal Cabling Systems, Inc. School District of St. Lucie County ITB 09 -08E Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring DESCRIPTION TYPE PART #COLOR-SIZE PRICE 1" Plastic Bushing 323 .22 1" Lock Ring 103 -8 Bucket - Pull String 430G Roll - Metal Detectable Burial Tae Terra 420038 1/4" Twirl Nuts P100GT- 1420EG 1 AR Tube Silicone 2094 15.00 Roll Measuring String (Tru-Tape) 435 63.60 Angle Han er Bracket CATHBA .90 Protection Tube CATTSCM 1.26 12" U -Hook W/O T -Nut CAT300CMLN 3.72 Angle Patch Panel Supports SRBM19BLY • 3,82 Blanks FABP Fiber Optic Adapter Panels for MDF & OF FAP12WBUSCZ 12.90 J -Hooks Caddy CAT425 •5.40 J -Hooks Caddy CAT64 5.47 3" EMT 3 -EMT 3" Plastic Bushings Bracket for Chadworth 10506 -716 9A 40 2" sleeves SP -2 27 00 4" Sleeves SP-4 55.02 3" Strut Strap — EMT CD7B Signature Date November 18, 2008 V4VA President Universal Cabling Systems, Inc. Q1 School District of St. Lucie County ITB 09 -08E Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring VENDOR QUESTIONNAIRE ATTACHMENT B Please provide written responses to the following questions. If the answer to any of the questions is 'Yes', Vendor shall describe fully the circumstances, reasons therefore, the current status, and ultimate disposition of each matter that is the subject of this inquiry. Has V dor been declared in default of any contract? Yes No Has VQudgr forfeited any payment of performance bond issued by a surety company on any contract? Yes No Has an uncompleted contract been assigned by Vendor's surety company on any payment of performance bond i d to Vendor arising from its failure to fully discharge all contractual obligations thereunder? Yes No Within the past three years, has Vendor filed for reorganization, protection from creditors, or dissolution under tFd bankruptcy statutes? Yes QLOJ Is Vendor now the subject of any litigation in which an adverse decision might result in a material change in the firm's financial position or future viability? Yes No Is Vendor currently involved in any state of a fact finding, negotiations, or resistance to a merger, friendly acquisIN14 or hostile take -over, either as a target or as a pursuer? Yes QJ0 Withigf h .next year, does Vendor plan any personnel reductions? If so, explain by attachment. Yes Uc Within a next year, does Vendor plan any divestments? If so, explain by attachment. Yes No Universal Cabling Systems, Inc. School District of St. Lucie County ITB 09 -08E DEFINITIONS Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring ATTACHMENT C BID means a formal price offer by vendor to the buyer to furnish specific goods and /or services in response to an Invitation for Bids, Request for Quotation, or a multi -step bidding procedure. 2. CONTRACT means -(1) a deliberate verbal or written agreement between two or more competent parties to perform or not perform a specific act or acts, and (2) any type of agreement regardless of what it is called for the procurement or disposal of supplies, services or construction. 3. CONTRACTOR means a separate and distinguishable business entity participating or seeking to participate in the performance of a contract. 4. DEPARTMENT refers initially to the Management Information Systems Department 5. MINORITY means an individual who is a citizen or lawful permanent eesident of the United States who is: A. A "Black American ", a person having origins in any of the Black racial groups of Africa. B. A "Hispanic American ", a person of Spanish or Portuguese cuiture with origins in Mexico, Central or South America, or the Caribbean, regardless of race. C. An "Asian American ", a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacifio Islands. D. A "NatiVe American ", a person who is a member of, or is eligible to be a member of, a federally recognized Indian tribe. A "federally. recognized Indian tribe" means an Indian tribe; band, nation, rancheria, pueblo, colony, or other organized group or community, including any Alaska native village, which recognized -by the Secretary of the Interior on October 1, 1985, as having special rights and is recognized as eligible for the services provided by the United States to Indians because of their status as Indians, and any tribe that has a pending application for federal recognition on October 1; 1985, as having special rights and is recognized as eligible for the services provided by the United Sates to Indians because of their status as Indians, and any tribe that has a pending application for federal recognition on October 1, 1985. E. A "physically disabled person" a person who has a physical 'impairment, defect, disease, aliment or disability of a permanent nature which in any way limits the type of employment for which the person would otherwise be qualified, 6. MIWBE means a minority owned business enterprise or a women owned business enterprise or a combination minority and women business enterprise. 7. OWNED, for the purposes of determining whether'a business is a minority or woman business enterprise, shall mean that the minorities or woman, as the context requires,. shall possess- an . ownership interest of a minimum of 51 %. 8. PRE -BID OR PRE - PROPOSAL CONFERENCE means a meeting held prior to the date of bid or proposal submittal, which disseminates to all bidders or bidders in attendance information to assist them in .submitting a bid or proposal including, but not limited to, information regarding the M/V1BE requirements of the School District. 9. PROCUREMENT means buying, purchasing, renting, leasing or otherwise acquiring any goods and /or services for public purposes in accordance with the law, rules, regulations and procedures intended to provide for the economic expenditure of public funds. For the purpose of this policy, procurement refers to those goods and /or services, except professional services, solicited by the Department of Purchasing pursuant to District and Department of Education requirements. 27 School District of St. Lucie County Cabling Labor Hourly Rates and ITB 09 -08E Materials for Premise Distribution Wiring 10. REMEDIAL MAINTENANCE is maintenance to be performed by the contractor, which results from equipment failure and which is performed as required on an unscheduled basis. 11. REQUEST FOR PROPOSAL (RFP) means a solicitation of responses for goods and /or services for which the scope of work, specifications or contractual terms and conditions cannot reasonably be closely defined. Evaluation of a proposal is based on prior established criteria which may include but may or may not be totally limited to price. 12. RESPONSIBLE BIDDER, OFFERER, QUOTER, OR RESPONDENT means an individual or business which has submitted a bid, offer, proposal, quotation, or response, which has the capability in ail respects to perform fully the contract requirements, and the' integrity and reliability which will give reasonable assurance of good faith and performance. 13. RESPONSIVE BIDDER, OFFERER, QUOTER, OR RESPONDENT means an individual or business which has submitted a bid, offer, proposal, quotation or response, which conforms in all material respects to the solicitation, including, but not limited .to, compliance with any M/WBE requirements contained within the solicitation. 14. SCHOOL DISTRICT means the St.. Lucie County School District, its individual and collective departments, managers, staff, and facilities. 15. SUBCONTRACTOR Means any person providing goods and/or services to a prime contractor for profit, if such goods and /or services are procured or used in fulfillment of the prime contractor's obligations arising from a contract with the St. Lucie County School District, except persons providing goods to a prime contractor whose contract with the District Is for the provision of materials, equipment, or supplies. 16. VENDOR means ah actual or potential supplier of goods and /or services interchangeable with the term bidder and /or contractor. 28 School District of St. Lucie County Cabling Labor Hourly Rates and ITB 09 -08E Materials for Premise Distribution Wiring ATTACHMENT D DRUG -FREE WORKPLACE CERTIFICATION Preference must be given to vendors submitting a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: 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, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dis- pensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Universal C91ing �y�ms, Inc. COMPANY NA / VENDOR'S�IGNATURE Mark Vanson- President Must be executed and returned with attached proposal to be considered. School District of St. Lucie County Cabling Labor Hourly Rates and ITS 09 -08E Materials for Premise Distribution Wiring ATTACHMENT E STATEMENT OF NO RESPONSE If you are not bidding on this service /commodity, please complete and return this form to: Purchasing Department, School District of St. Lucie County, 329 N.W. Commerce Park Drive, Port St. Lucie Fl- 34986. (Please print or type, except signature) COMPANY NAME: ADDRESS: CITY. CONTACT PERSON: We, the undersigned, ha declin po this because of the followi ns: REMARKS: SIGNATURE: DATE: We do not offer this service or the equivalent. Insufficient time to respond to the ITS. Remove our name from this bid list only. Our schedule would not permit us to perform. Other. (Specify below) 30 School District of St, Lucie County Cabling Labor Hourly Rates and ITB 09 -08E Materials for Premise Distribution Wiring ATTACHMENT F REFERENCES The Bidder shall provide the name, title, address, and telephone number of at least three client references who are similar to the School District of St. Lucie County in size and scope for work/items delivered within the past five (5) years. 1. CLIENT REFERENCES Client Name Palm Beach County School District Address 3354 Forest Hill Boulevard city West Palm Beach state FL Zip code 33406 -5870 Telephone 561 -684 -5240 Fax 561- 684 -5245 Client contact Person Gary C=entier Email: gcarpentier ,PahnBeach.K12.FL.US Type of Organization School District Date of Installation Work is on Going Client Name Brevard County School District Address 2700 Judge Fran Jamieson Way city Viers state FL Zip Code 32940 Telephone 321 - 633 -1000 Ext 760 Fax 321- 633 -3563 Client Contact Person Tom Fitzgerald Email: Fitzggr— Mbrevard.kl2.1us Type of Organization School District Date of Installation March 2008 Client Name Palm Beach Community College Address 4200 Congress Avenue city Lake Worth state FL Zap Code 33461 Telephone 561 -868 -3477 Fax 561- 868 -3478 Client Contact Person Tony Milici Email: miliciaapbcc.edu Type of Organization School - Community College Date of Installation Work is on going 31 Universal Cabling Systems, Inc. School District of St. Lucie County Cabling Labor Hourly Rates and ITB 09 -08E Materials for Premise Distribution Wiring PROCEDURES FOR PRINCIPALS REGARDING THE IMPLEMENTATION OF THE REVISION TO THE JESSICA LUNSFORD ACT 07/0112007 , ATTACHMENT G The Jessica Lunsford Reform Act (SB 988 ) was signed by Governor Crist on June 20, 2007 and makes significant changes to our current procedures effective July 1, 2007 as outlined below. What is the same? Effective July 1, 2007 except as provided by Florida Statute 1012.467 or 1012.468 contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must meet level 2 screening requirements as described in 1012.32. Contractual personnel shall include any vendor, individual, or entity under contract with a school or with the school board who receives remuneration for services performed for the school district or a school. Once these individuals have been cleared with a level 2 screening they will be given a yellow contractor identification card indicating they are a contractor cleared for access to a school campus. They must check in at the school's main office or if part of a construction crew a supervisor must submit a listing daily of employees working on site to the school secretary. We will still accept clearance cards from Martin, Indian River and Okeechobee County School Districts. Contractors will be informed via their contracts with the district of their responsibility to insure employees working on our campuses are in compliance with the requirements of the Jessica Lunsford Act. What is different? Certain classifications of employees are exempt from level 2 screening but must have a sexual offender clearance. The exceptions are listed below: 1. Contractors who are under the direct supervision of a school district employee or a contractor supervisor who has met the level 2 screening requirements of the revised Jessica Lunsford Act provisions. "Direct supervision" means that a school district employee or contractor supervisor is physically present with a contractor when the contractor has access to students and the contractor remains in the school district employee's or the contractor supervisor's line of sight. 2. Contractors who are required by law to undergo a level 2 screening pursuant to 435.04 for licensure, certification, employment, or other purposes and who submit evidence of such. 3. Contractors who are separated from students by a single chain link fence of 6 feet in height. 4. Contractors who provide pick -up or delivery services and those services involve brief visits on school grounds when students are present. Once these individuals have been cleared under the sexual offenders registry they will be given a black outlined JLA Cleared identification card indicating they are cleared for access to a school campus. They must check in at the school's main office or if part of a construction crew a supervisor must submit a listing daily of employees working on site to the school secretary. School personnel should be familiar with the sexual offender /predator databases at www.floridasexoffender.net and www.nsonr.Qov to clear individual who have business on campus but are not a vendor or contractor. Should an individual be found to be out of compliance with the Jessica Lunsford Act they should be notified immediately of their non - compliance and directed to report to the Personnel Department. If the SRO /SRD find as a vendor /contractor not in compliance with the Jessica Lunsford Act, the SRO /SRD may issue a trespass warning on the individual and send then to the Personnel Department. The individual would then be required after they are cleared to make contact with a SRO /SRD to have their trespass warning removed from the computer system. If the individual returns to any school campus without the proper clearance, the individual would be subject to arrest for trespassing after warning. The administrator or SROISRD of the site should notify Susan Ranew, Asst. Superintendent of Human Resources at 429 -7508 of the company that is in violation of the Jessica Lunsford Act. The vendor or contractor will be prohibited from acc ss to school district property until such time as all their employees on site are in compliance. Should yo have an questions or concerns please do not hesitate to contact the Personnel Department. Signature Date November 18, 2008 Mark Vanson - President 32 Universal Cabling Systems, Inc. U NI YERS AL J C&BLING SYSTEMS, Inc. 9 S tee``'`* ys QUALIFICATION INFORMATION Florida Corporation: Incorporated in 1989 Principle Officers: Mark Vanson - President Ronald Dubeau - Vice President/Secretary Date Business Founded: March 10, 1989 Number of Employees: Twenty -five Federal ID (FEIN) #: 65- 0183752 Dun & Bradstreet #: 615518966 State of Florida Certified License: ES- 12000228 & ES- 12000171 Geographical location: We perform services throughout the State of Florida and other areas on a contract basis. Description of physical plant/equipment: 3,500 square feet commercial office space, 2800 square feet warehouse and stockroom, vehicles and all necessary equipment for Premise Wiring Installations. Work and /or services offered: Premise Wiring Installations, Consultation/Installations, Design/Installation and fiber optic fusion splicing terminations. Communication is the LINE to Success 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com /I N rrr. asr• '��versq�j J S teR`5`�G ys Contractor Qualifications: UNIVERSAL CABLING SYSTEMS, Inc. BICSI Certified Technicians, on staff BICSI Certified Installers, on staff BICSI Corporate Member Contractor Ceritifications: Panduit Structured Cabling & Fiber Optic Certified Contractor Siemon Premier Certified Contractor Leviton Cabling Certified Contractor Ortronics Systems Certified Contractor Hubbell Premise Wiring Certified Installer Molex Cabling Systems Certified Installer AMP Premise Cabling Systems Certified Installer CommScope Cabling Systems Certified Installer Krone/TrueNet Cabling Systems Certified Contractor Hitachi Cabling Systems Certified Contractor Berk -Tek Network Cable Systems Contractor OASIS Certified Integrator Superior MDIS Certified Contractor Mohawk Certified Accredited Contractor 3M Fiber Optic Certified Installer Siecor Certified Fiber Optic Cabling Contractor OCC Certified Fiber Optic Cabling Contractor Valcom Certified Contractor Flextray Certified Contractor Unique Fire -Stop Certified Contractor Communication is the LINE to Success 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable@bellsouth.net www.ucseable.com „-,�E„ Ver,� J 0�41,49 S teR`g`�G ys List of Project: UNIVERSAL CABLING SYSTEMS, Inc. School Board of Palm Beach County Contact: Gary Carpentier (561) 684 -5240 Project Range - $60,000 - $225,000 Various Schools Average Drop Count Range — 350quads to 500quads Martin County BOCC Contact: Carol Pickett (772) 288 -5523 Project Range - $15,0004200,000 Premises Wiring Distribution System Average Drop Count Range — 50quads to 250quads Solid Waste Authority of Palm Beach Contact: Bill Wolfe (561) 640 -4000 Project - $238,000.00 Fiber Optic WAN System included approx of 5 miles for hybrid fiber optic cable South Florida Water Management District Contact: Hector Chaparro (561) 472 -4004 Projects: $200,000.00 Critical Facilities — EOC — B -2 Building Orlando Facility Average Drop Count Range — 500tri -plex to 1000 tri-plex CAT6 Broward Community College Contact: Mike Coval (954) 475 -6820 Projects - $800,000 North campus — various buildings Central campus — various buildings South campus — various buildings Average Drop Count Range —150 duals to 350 duals CATSE Communication is the LINE to Success 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com rrr. lyrl o�Ve% J b��h9 S ys teR`5 `�V Palm Beach Community College Contact: Tony Milici (561) 868 -3477 Projects - $175,000 North campus — various buildings Central campus — various buildings South campus — various buildings West campus — various buildings UNIVERSAL CABLING DMS/TIPS Section Contact: Claude Forde (850) 922 -7450 Projects - $300,000.00 City of Boca Raton — Fiber Optic Installation Florida Department of Law Enforcement FDOT — Lake Worth Service Plaza SYSTEMS, A Iris. City of West Palm Beach Contact: Randy Smith (561) 644 -7440 Projects - $75,000.00 Fiber Optic Backbone Cable between City Buildings- Approximately 3 miles West Palm Beach Police Department Cabling City of West Palm Beach Water Plant Fiber Installation Brevard County School District Contact: Tom Fitzgerald (321)633 -1000 Ext 760 Projects - $150,000.00 Premise Wiring Distribution System Bayside High School Melbourne High School Southlake Elementary School Communication is the LINE to Success 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable@bellsouth.net www.ucscable.com MEMBER i �werS, UNIVERSAL CABLING SYSTEMS'AO—nc' Ys OFFICE LOCATION Address: 914 Fern Street West Palm Beach, Florida 33401 Phone: (561) 659 -6224 or (800) 479 -6899 Fax: (561) 659 -6308 Email: ucscable(7a,bellsouth.net Contacts: Mark Vanson – President Ronald Dubeau – Vice President /Secretary David Dubeau – Project Manager Robert Herron – Chief Estimator Krista McNevin – Office Manager Communication is the LINE to Success 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable@bellsouth.net www.ucscable.com irr• 14l� ��verSC?/ J 10h9 S ys ieROi`a� UNIVERSAL CABLING SYSTEMSv Inc. WORK HOURS: 8: OOAM to 4:3 OPM - Monday - Friday Phone: (800) 479 -6899 or (561) 659 -6224 Fag: (561) 659 -6308 AFTER HOURS. Warranty or Ememency Work 24 hours a day! Contact Ronald Dubeau - Vice Pres David Dubeau - Project Mgr Mark VanSon - President Mobile (561) 722 -9503 (561) 722 -9505 (561) 722 -9502 Email ron @ucscable.com david@ucscable.com mark @ucscable.com For more Information we can also be reached via the Internet: Email: info @ucscable.com Internet: www.ucscable.com Communication is the LINE to Success 914 Fern Street — West Palm Beach N Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 @am Email: ucscable @bellsouth.net www.ucscable.com IV-Mom VerS UNIVERSAL J CABLING SYST EMS, Inc. 11/009 syste Universal Cabling Systems, Inc. warranties all installations to be free from defects in materials for a period of one (1) year from date of final completion. Our warranty is limited to repairing or replacing any parts or components including labor that may fail or prove to be inoperative by normal use. The products that Universal Cabling Systems, Inc., sells and/or installs which are not manufactured by Universal. Cabling Systems, Inc., are subject to the manufacturers unique warranty terms. Abuse, alteration, or misuse voids all warranties. Communication is the LINE to Success 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com \5R/ V Jo, kqers 9 S ys tee`s `aV Copper Testers I UNIVERSAL CABLING SYSTEMSv AInC. TEST EQUIPMENT Two — Fluke Testers DSP4300 Two — Fluke Testers DSP4100 Two — Fluke Testers DTX -1800 Fiber Optic Testers Four —1300 NM 850 NM Fluke Power Meter and Light Source Tester One —.OTDR Fiber Tester Two — Fiber Splicers Two — Fluke Testers DTX -1800 Communication is the LIAW to Success 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com air• l r O_FLORIDA DEPARTMENT OF BfTSINESS AND PROFESSI -ONAL REGULATION - -ELECTRICAZ CONTRACTORS LICENSING BOARD SEQ #LO8071501511 LICENSE NBR . . `�'i' 15 2008 088008724 -_ ES120Q4'171 The: SPECIALTY ELECTRICAL. CONTRACTOR; AGj 38,56659 N3med'J3616 v.', I5 CERTIFIED ; :z ; { ST3(-M OFF.oPJow - Undex{ the provisiOno of Chapter z4$9: FS DEPART'T . dF BIISIN S5 AND PRO' S� 1355IONAL Rr GIILA'1'ION Z ir i ;LaI k a on dDar te .,. AUG:.31 lE�ix3 E ENERGY SYSTEMS 711 YST' ' 0 9912 0 oti71 0� a s" 08. o e e' / / 00.8724 Nt „_ DUBEAt RONALD UNIV83t$A,L CABLINd S�iSTEffiS "tNCf ?r ; CERT SPEC2AI,xY RY,ECTRCAL CONit c. ; ., 9141? :WEST PALM BCM FL 33401 vrrxvsxsaz• Cn��z NG'SY9TyzN�� ' ! r5 `` bF.ATlFIRb. AS ifl I'TLb fi TElidY 57I51$MS'.1ftc CAA•RLIE " l i�„E't [' �`*' -oyiy� }I�4`� n ^70-Y iYiLi \�� v�yTf?.tir(/ �� litf��s, f¢tcpi�Yt1e11 dlCii .irG.fJ.ZI �. QLL:Tf'+g U7`1'Jlf..ttyD•.yy'��t� , +c • IED . - - --... I ........ _. 1968-02439 STATE OF FLORIDA CW-008 PALM BEACH COUNTY CLASSIFICATION LOCAL BUSINESS TAX RECEIPT EXPIRES.: SEPTEMBER - 30 - 2009, LOCATED AT C/WIDE $185.85 UNIVERSAL CABLING SYSTEMS"INC.' VANSON MARK ik,. PUB fM,-,RO NALD_ STREET .:WEST PALM BEACH FL 33401-5718 TOTAL 0185.85 i 71: iy4lid for t�o: above- 4ddrP0 fd g THIS IS NOT A BILL -.DO NOT. PAY oh lNs,,rp, J�r*b r Ihs'perlod begl6�ln ft. flftl',diV...0f,.0cfo66t and ihdlfig ch. the thlillith'aiV of September 16 Whigwh'f the 'qW; lofl or occupation Or PAID. AID. PBC TAX COLLECTOR t.1-89 05 OCC 049 1506079 08 -D1 -2008 ­1 ;I A i V. N g R ALID ONLY WHEN RECEIPTED -AANNON; UIVIENT ig'V EMJ A X CO'LL't C­ f O-''R,- j `f AX . A 7 L_i $27:50 d a 0 y y 0 U V �a pts L, o rYhi ;IL rA IN rA lz fz w AZ 1b w W r Ir } .. • i�1 171" 1't EN 1 �• Pool �! 44 ,� H 0 d �N ,Y 0 o y, e d ti U p� d A L L �X i . Y. r� UNIVCAB -01 ACORD,, CERTIFICATE uF LIABILITY INSURANCt DATE(MMIDD/07 1 211 4/2 0 0 7 RODUCER (561) 655 -5500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION (ells Fargo Insurance Services Southeast, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 154 Vista Parkway, Suite 400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. lest Palm Beach, FL 33411 -2718 INSURERS AFFORDING COVERAGE NAIC # ISURED Universal Cabling Systems, Inc INSURERA:St. Paul Fire & Marine Ins Company 914 Fern Street INSURER B; Bridgefield Employers West Palm Beach, FL 33401 INsuRERc:Citizens Property Insurance Company INSURERD;Scottsdale Ins, THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Sit D POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 i X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR E05800671 5/11/2008 5/11/2009 PREMISES Ea occvrence $ 250,00 MED EXP (Any one person) S 10,00 PERSONAL & ADV INJURY i 1,000,00 GENERAL AGGREGATE S 2,000,00 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG S 2,000,00 POLICY - X PRO LOG I X AUTOMOBILE LIABILITY X ANYAUTO E05800671 5/11/2008 5/11/2009 COMBINED SINGLE LIMB (Es accident.) $ 1,000,00 X ALL OWNED AUTOS X SCHEOULED AUTOS BODILY INJURY (Per person) S X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY; AGG • EXCESSIUMBRELLALIABILnY OCCUR CLAIMS MADE TE05800671 5/11/2008 5/11/2009 EACH OCCURRENCE S 3,000,00 AGGREGATE g 3,000,00 S S DEDUCTIBLE X RETENTION S 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? H yes, describe under SPECIAL PROMSIONS below 83024235 1/1/2008 1/1/2009 X WC STATU- O R T RY IMITS ER E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEE 500,00 E.L. DISEASE - POLICY LIMIT S 500,00 OTHER Property 1430951 5/17/2008 5/17/2009 Contents - Wind Only $165,000/54950 De Installation /Builders Risk. CPS0846124 5117/2008 5/17/2009 Contents - Excluding Wind $150,000/ ;1000 De ESCRIP71ON OF OPERATIONS I LOCATIONS! VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Paul Travelers Policy Form 47150 (07 -01) includes Blanket Additional Insured and Blanket Waivers of Subrogation. le School Board of St. Lucie County is Additional Insured with respect to General Liability and Automobile Liability insurance. Day Notice of Cancellation applies for non - payment of premium. ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION I The SCh OOI District of St.LUc(e County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 329 NW Commerce Park Drive Port Saint Lucie, FL 34986- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE CORD 25 (2001108) © ACORD CORPORATION 1988 ., ,�:,: ;•,,u :,,; %: ���..� 6•.t o,_,l 0',.L}} •Ii Irr. c�.�i i�.j ��� {f�� ;�� � .��a '��:� � c; *i, �d��i. ��17 ��. ���.. . �C�.�1' I ro% c + "Il! 415 �-Jr . rAft u J i � Q � W' W1 U �J L V cn �rt `V C) CCvV s— J LL 4V" 0 m E cc • t. I•.`.. co CO�.•a 9D- cn •� VJ �` s��D �;t a0 caaq I•.`.. co 0 0 as L U (1) 0 I 4- d r N P Cr 2 cm C C 'C3 w _N CL C9 M N N U U ul GO f1� f'.. N ca Q� s.. LL a U �t f f iI f a d L (M) d 0 U) C) CD h- O .12 Q7 - d CL) .l. 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C3 L) 0 0 di E CU z CD a- 0 CL co 0' 0 C) Pc 4- O cr LD 01 C. 0 L) YJ rm' ra 'm 'f7 ?.:04J Mt" ca z (1) U—L. 0 C) �XVersg7� V NIVERS �.L J 111I-1 CAP-LING L SYSTEMS, nc. o %/ /,7v S ys tea`s Following is personal data and work experience on Mark Vanson, President Personal Data Name: Company Name: Business Address: City, State, Zip: Phone #: Fax #: Education Mark Vanson Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 561- 659 -6224 561 -659 -6308 Dates: 1977-1979 Place: Florida State University Major Field of Study: Marketing Graduated: 1979 Work Experience Dates: March 1989 through Present Place: Universal Cabling Systems, Inc. Address: 914 Fern Street City, State, Zip: West Palm Beach, FL 33401 Position: President Duties: Estimator for large projects, Consulting Services, Oversees Day to Day Business Operations Page 1 of 2 Communication is the LINE to Success 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com 4 �F� Versgl' UNIVERSAL CABLING SYSTEMS, ne. I ��b�r�9 S te►�`5 `�V ys Work Exverience (Continued, Dates: 1985 through February 1989 Place: Power Systems, Inc. Address: 1025 North Florida Mango Road, Suite 9 City, State, Zip: West Palm Beach, FL 33409 President: Bob Martin Position: Estimator, Vice President Duties: Construction Supervisor, Managed the installation of Fiber Optic, Data Copper and Telecommunications, Purchasing, Job Costing, Engineering Certificates/Work Shops Industry Licenses 3M Corporation Certification AMP Netconnect Training — February 16, 2001 AT &T Training — February 16, 1996 BICSI - Member Leviton Certification — July 19, 2000 Methode Training — May 7, 1998 Mohawk Ceritification — July 26, 2000 through July 26, 2008 OCC Training —April 12,1995 OSHA — July 2000 Panduit Certification Siecor TR -13 -CS Specialized Fiber Optics course Superior MDIS Training —October 2001. Unique FireStop — May 19, 2004 State of Florida Electrical Contractors Licensing Board Low Voltage Certified # ES 12000228 Page 2 of 2 Communication . is the LINE to Success 914 Fern Street M West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com ers�� UNIVERSAL J -- CABLING SYSTEMS, *11 Inc. Y . Following is personal data and work experience on Ronald P. Dubeau, Vice President: Personal Data Name: Company Name: Business Address: City, State, Zip: Phone #: Fax #: Education Ronald P. Dubeau Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 561- 659 -6224 561- 659 -6308 Dates: 1979-1982 Place: John I Leonard High School Major Field of Study: General Studies Graduated: '1982 Work Experience Dates: May 1990 through Present Place: Universal Cabling Systems, Inc. Address: 914 Fern Street City, State, Zip: West Palm Beach, FL 33401 Position: Vice President Duties: Engineering Services, Estimator for large projects, Project Manager, Job Costing and Purchasing, Oversees Personnel Actions Page 1 of 2 Communication is the LINE to Success 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com •tire L7— I UNIVE'RSAL er CABLING SYSTEMS, Inc. ab% systems` Work Experience (Continued Dates: August 1984 through May 1990 Place: Power Systems, Inc. Address: 1025 North Florida Mango Road, Suite 9 City, State, Zip: West Palm Beach, FL 33409 President: Bob Martin Position: Supervisor Duties: Construction Supervisor, Managed twelve men crews for installation of Fiber Optic, Data Copper and Telecommunications, Purchasing, Job Costing, Engineering Certificates/Work Shops AMP Netconnect Training —February 16, 2001 Bicsi member Comdial- Installation Industry Licenses November 11, 1987 Methode Training — May 7, 1998 Ortronics April 17, 1997 Panduit Certification February 5, 1996 & January 3, 2000 Siecor TR -13 -CS Specialized Fiber Optics course April 10, 1990 Siemon Certified June 9, 2000 through June 9, 2004 Superior MDIS Training — October 2001 Unique FireStop — May 19, 2004 State of Florida Electrical Contractors Licensing Board Low Voltage Certified # ES 12000171 Page 2 of 2 Communication is the LINE to Success 914 Fern Street West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable@bellsouth.net www.ucscable.com JI ►� 1_ '��ver`sA UNIVERSAL J CABLING SYSTEMS, /A\ Inc. systems`' Following is personal data and work experience on David Dubeau, Project Manager: Personal Data Name: Company Name: Business Address: City, State, Zip: Phone #: Fax #: Work Experience David Dubeau Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 561- 659 -6224 561- 659 -6308 Place: Universal Cabling Systems, Inc. Address: 914 Fern Street City, State, Zip: West Palm Beach, FL 33401 Position: Project Foreman Duties: Manager of crews Certificates/Work Shops BICSI Certified Technician- September 2007 through September 2009 3M Training — March 1996 AMP Netconnect Training — February 16, 2001 Berk -Tek Training — June 2, 1997 Leviton Training — May 13, 1999 & September 11, 2001 & July 16, 2003 Methode Training — May 7, 1998 Mohawk Training — May 6, 1997 through May 6, 2008 OCC Training —April 21, 1995 Ortronics Fiber Technician - September 13, 1997 Ortronics Technician — September 13, 1997 Panduit Certification — Copper 3/29/07 Fiber 3/28/07 Superior MDIS Training — October 2001 Unique FireStop — May 19, 2004 Valcom 2000 Series Paging Systems —May 18, 2004 Page 1 Communication is the LINE to Success 914 Fern Street N West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 qm_ Email: ucscable @bellsouth.net www.ucscable.com NSNWA f T T ��Versq.�' L.1 NIVERS AL J - C ABLING SYSTEMS,, IrIC. 'PbI1h9 Systeo5'� Following is personal data and work experience on Robert Herron, Estimator: Personal Data Name: Company Name: Business Address: City, State, Zip: Phone #: Fax #: Work Experience Robert Herron Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 561- 659 -6224 561- 659 -6308 Place: Universal Cabling Systems, Inc. Address: 914 Fern Street City, State, Zip: West Palm Beach, FL 33401 Position: Project Estimator Duties: Estimate Projects and Compile Material Orders Certiticates/Work Shops BICSI Certified Technician- September 2007 through September 2009 Berk -Tek – June 2, 1997 Flextray – December 2003 Leviton Training – May 13, 1999 & September 11, 2001 Methode – May 7,1998 Mohawk Training – May 6, 2008 OASIS – January 9, 2002 OCC Training – April 21, 1995 Ortronics Fiber Technician - September 13, 1997 Ortronics Technician – September 13, 1997 Panduit Certification - January 3, 2000 & April 30, 2003 Panduit Fiber – March 28, 2007 & Copper March 29, 2007 Siecor –July 14, 1992 Siemon – September 2002 tbrough' September 2004 Superior MDIS Training – October 2001 Unique FireStop – May 19, 2004 Valcom 2000 Series Paging Systems -- May 18, 2004 Page 1 Communication is the LINE to Success 914 Fern Street – West Palm Beach – Florida – 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 PWM- Email: ucscable @bellsouth.net www.ucscable.com AMUBM Wers g7� UNIVERSAL J CA13LING SYSTEMS, Inc. x'411" S e�`s��V Y Following is personal data and work experience on James Greer, Foreman Personal Data Name: Company Name: Business Address: City, State, Zip: Phone #: Fax #: Work Experience James Greer Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 561- 659 -6224 561- 659 -6308 Place: Universal Cabling Systems, Inc. Address: 914 Fern Street City, State, Zip: West Palm Beach, FL 33401 Position: Foreman/Installer Duties: Installation of CATS, CAT4, CATS, CAT6 horizontal wiring and fiber optic cable, termination of CAT3, CAT4, CATS, CAT6 horizontal wiring and fiber optic cable, for large commercial projects with communication system type work. Certificates/Work Shops BICSI Technician - January 22, 2008 through January 22, 2010 AMP Netconnect Training - February 2001 & April 2003 Leviton Training - September 11, 2001 Methode Electronics Certification - May 7, 1998 Microtest Training - September 2001 Mohawk Training — July 18, 2000 through July 18, 2008 Ortronics Fiber Technician — January 22, 2000 Ortronics Technician — January 22, 2000 Panduit Certification - January 3, 2000 & April 2003 Siemon Standards Update -- September 2001 Superior MDIS Training — October 2001 Unique FireStop — May 19, 2004 Valcom 2000 Series Paging Systems — May 18, 2004 GE Security Video Systems — April 19, 2004 Page 1 Communication is the LINE to Success 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com tiytJ i U � e NIVER, AL J CABLING SYSTEMS,A.Inc. Y Following is personal data and work experience on Donald Hecht, Installer Personal Data Name: Company Name: Business Address: City, State, Zip: Phone #: Fax #: Work Roerience Donald Hecht Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 561- 659 -6224 561- 659 -6308 Place: Universal Cabling Systems, Inc. Address: 914 Fern Street City, State, Zip: West Palm Beach, FL 33401 Position: Foreman/ Installer Duties: Installation of CAT3, CAT4, CATS, CAT6 horizontal wiring and fiber optic cable, termination of CAT3, CAT4, CATS, CAT6 horizontal wiring and fiber optic cable, for large commercial projects with communication system type work. Certifications TrueNet — November 21, 2007 Leviton Training - September 20, 2001 Panduit Training - November 5, 1996 Superior MDIS Training - October 2001 Unique FireStop — May 19, 2004 Valcom 2000 Series Paging Systems — May 18, 2004 Valcom Multi Path Intercom / Paging - April 20, 2004 Page 1 Communication is the LINE to Success 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com 4 �, V NIVERS L CABLING SYSTEMS, Inc. X106114 S ted`5 `# NW ys Following is personal data and work experience on Benjamin Pickens, Foreman Personal Data Name: Company Name: Business Address: City, State, Zip: Phone #: Fax #: Work Experience Benjamin Pickens Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 561- 659 -6224 561- 659 -6308 Place: Universal Cabling Systems, Inc. Address: 914 Fern Street City, State, Zip: West Palm Beach, FL 33401 Position: Foreman/ Installer Duties: Installation of CAT3, CAT4, CATS, CAT6 horizontal wiring and fiber optic cable, termination of CAT3, CAT4, CATS, CAT6 horizontal wiring and fiber optic cable, for large commercial projects with communication system type work. Certirwates/Work Shops BICSI Technician - January 22, 2008 through January 22, 2010 Leviton Training - September 21, 1995 & September 11, 2001 Mohawk Training - July 18, 2000 through July 18, 2008 Ortronics Fiber Technician - January 22, 2000 Ortronics Technician - January 22, 2000 Panduit Certification - January 3, 2000 & April 2003 Superior MDIS Training - October 2001 Unique FireStop — May 19, 2004 Valcom 2000 Series Paging Systems — May 18, 2004 Page 1 Communication is the LINE to Success 914 Fern Street — West Palm Beach N Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com ♦w vers� UNIVERSAL+ J � CABLING SYSTEMS, Inc. ys Following is personal data and work experience on Derrick Kupau, Installer Personal Data Name: Company Name: Business Address: City, State, Zip: Phone #: Fax #: Work Experience Derrick Kupau Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 561- 659 -6224 561 - 659 -6308 Place: Universal Cabling Systems, Inc. Address: 914 Fern Street City, State, Zip: West Palm Beach, FL 33401 Position: Foreman Duties: Installation of CAT3, CAT4, CAT5, CAT6 horizontal wiring and fiber optic cable, termination of CAT3, CAT4, CATS, CAT6 horizontal wiring and fiber optic cable, for large commercial projects with communication system type work. Certificates/Work Shops Leviton Telecom Certified- July 30,2000& September 11, 2001 Mohawk Training - July 26, 2000 through July 26, 2002 Panduit Certification Fiber -March 28, 2007 / Copper March 29, 2007 Superior MDIS Training - October 2001 Unique FireStop — May 19, 2004 Valcom 2000 Series Paging Systems — May 18, 2004 Page 1 Communication is the LINE to Success Aeft 914 Fern Street ' — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 %ci Email: ucscable @belisouth.net www.ucscable.com MEMBER J wers C*"9 S t'�s`�� ys{ e UNIVERSA'L CABLING SYSTEMSAftnc. , vt{ Following is personal data and work experience on Sharri Ford, Installer Personal Data Name: Company Name: Business Address: City, State, Zip: Phone #: Fax #: Work Experience Sharri Ford Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 561- 659 -6224 561- 659 -6308 Place: Universal Cabling Systems, Inc. Address: 914 Fern Street City, State, Zip: West Palm Beach, FL 33401 Position: Installer Duties: Installation of CAT3, CAT4, CAT5, CAT6 horizontal wiring and fiber optic cable, termination of CAT3, CAT4, CAT5, CAT6 horizontal wiring and fiber optic cable, for large commercial projects with communication system type work. Certification Flextray — December 2003 Unique FireStop — May 19, 2004 Valcom 2000 Series Paging Systems — May 18, 2004 Fluke Networks — Aug. 9, 2006 Leviton Training — September 11, 2001 Panduit Training Fiber - March 28, 2007 Panduit Training Copper — March 29, 2007 Page 1 Communication is the LINE to Success 914 Fern Street — West Palm Beach — Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com �I J were UNIVERSAL A CA13LING SYSTEMS, Inc. C14 f X, �� -____ 10, IR Sys Following is personal data and work experience on Thomas Newcomb, Installer Personal Data Name: Company Name: Business Address: City, State, Zip: Phone #: Fax #: Work Experience Thomas Newcomb Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 561 -659 -6224 561- 659 -6308 Place: Universal Cabling Systems, Inc. Address: 914 Fern Street City, State, Zip: West Palm Beach, FL 33401 Position: Foreman/Installer Duties: Installation of CAT3, CAT4, CATS, CAT6 horizontal wiring and fiber optic cable, termination of CAT3, CAT4, CATS, CAT6 horizontal wiring and fiber optic cable, for large commercial projects with communication system type work. Certifications Flextray - December 2003 Unique FireStop — May 19, 2004 Valcom 2000 Series Paging Systems — May 18, 2004 Page 1 Communication is the LINE to Success 914 Fern Street — West Palm Beach Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com UNIVERSAL J CABLING SYSTEMS, /A\-' nc. ��'9 s te�'s`�� ys Following is personal data and work experience on Terrence West, Installer Personal Data Name: Company Name: Business Address: City, State, Zip: Phone #: Fax #: Work Experience Terrence West Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 561- 659 -6224 561- 659 -6308 Place: Universal Cabling Systems, Inc. Address: 914 Fern Street City, State, Zip: West Palm Beach, FL 33401 Position: Installer . Duties: Installation of CATS, CAT4, CATS, CAT6 horizontal wiring and fiber optic cable, termination of CAT3, CAT4, CATS, CAT6 horizontal wiring and fiber optic cable, for large commercial projects with communication system type work. Certifications Superior MDIS Training October 2001 Unique FireStop May 19, 2004 Valcom 2000 Series Paging Systems May 18, 2004 Page 1 Communication is the LIAW to Success 914 Fern Street — West Palm Beach — Florida — 33401 dM Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable.com ,,W„BEN J ys UNIVERSf1L CABLING SYSTEMS, Inc. REFERENCES SCOPE OF WORK: Supply and installation of copper (CAT5, CAT5E, CAT6) /voice copper backbone /fiber optic backbone structured cabling systems, network equipment electronics, DSU /CSU, and UPS Systems. Brevard County School District 2700 Judge Fran Jamieson Way Viera, Florida 32940 Contact: Mr. Tom Fitzgerald Phone: (321) 633 -1000 Ext. 760 Fax: (321) 633 -3563 Projects Totaling: $1,048,000.00 Southlake Elementary School Kennedy Middle School Endeavour Elementary School Melbourne High School Bayside High School Okeechobee County School District 700 SW 2`0 Avenue Okeechobee, Florida 34974 Contact: Ms. Carla Crawford Phone: (863)462 -5000 ext 238 Fax: (863) 462 -5016 Projects Totaling: $200,000.00 Okeechobee Operations Center Okeechobee High School South Elementary New Endeavour High School Yearling Middle School Everglade Elementary School Palm Beach County School District 3323 Forest Hill Boulevard West Palm Beach, Florida 33406 Contact: Mr. Gary Carpentier Phone: (561) 684 -5240 Fax: (561) 684 -5245 Projects Totaling: $1,200,000.00 John I Leonard High School WT Dwyer High School Crystal Lake Elementary School Boca Raton High School Barton Elementary School Rolling Green Elementary School Village Academy Middle School Santaluces High School Varies School Palm Beach Community College 4200 Congress Avenue Lake Worth, Florida 33461 Contact: Mr. Tony Milici Phone: (561) 868 -3477 Fax: (561) 868 -3478 Projects Totaling: $500,000.00 All Four Campus' Page 1 Communication is the LINE to Success 914 Fern Street — West Palm Beach Florida — 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucseable.com ►ear, J over& �db11 ys Broward Community College 3501 SW Davie Road, Bldg 23 Davie, Florida 33314 Contact: Mr. Mike Coval Phone: (954) 475 -6820 North Campus — Various Buildings Central Campus — Various Buildings South Campus — Various Buildings New Miramar Branch UNIVERSAL CABLING TIPS/Deut of Manakement Services 4050 Esplanade Way Building 4030, Suite 160C Tallahassee, Florida 32399 -0950 Contact: Mr. Leon Simmonds Phone: (850) 487 -2105 Fax: (850) 922 -5313 Projects Totaling: $525,000.00 Florida Department of Transportation Florida Department of Law Enforcement St Lucie County School District 2909 Delaware Avenue Fort Pierce, Florida 34947 Contact: Mr. Ron Kraemer Phone: (772) 468 -3030 Fax: (772) 429 -7563 Projects Totaling: $150,000.00 West Centennial High School Treasure Coast High School Garden City Elementary School Manatee Elementary School Dan McCarty Middle School SYSTEMS, Inc. Martin County Government 2401 SE Monterey Road Stuart, Florida 34997 Contact: Ms. Carol Pickett Phone: (772) 288 -5523 Fax: (772) 221-1372 Projects Totaling: $500,000.00 Courthouse Administration Building Solid Waste Authority 7501 North Jog Road West Palm Beach, Florida 33412 Contact: Mr. Bill Wolfe Phone: 561- 640 -4600 Ext 4503 Fax: (561) 640 -3400 Projects Totaling: $250,000.00 NCL Fiber Optic WAN Project Administration Building Plant Scale House City of Boca Raton 201 West Palmetto Park Road Boca Raton, FL 33432 Contact: Richard Diemer Phone: (561) 393 -7879 Fax: (561) 347 -5256 Projects Totaling: $200,000.00 City of Boca New Police and Fire Facility City of Boca Spanish River Park City of Boca Spanish River Library City of Boca Fire Rescue Training Facility City of Boca Swim and Racquet Center Page 2 Communication is the LINE to Success 914 Fern Street — West Palm Beach — Florida N 33401 Phone: (561) 659 -6224 Fax: (561) 659 -6308 Email: ucscable @bellsouth.net www.ucscable,com �`1 P! ,eft, The School District of St. Lucie County Purchasing Department 329 N.W. Co;inmerce Park Drive Port St. Lucie FL 34986 St. Lade eoanty Voice — (772)336-6980 Fax — (772)3-'36-6985 Pabltd Schools Page 01 of 01 ADDENDUM NO. 1 REQUEST FOR PROPOSAL NO. 09 -08E TITLE: Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring SCHEDULED OPENING DATE: Thursday November 20th, 2008 at 3:00 PM SUPERINTENDENT Michael J. Lannon 11/12/08 ISSUED BY: Allen Lee, Purchasing Agent VENDOR NOTE: PLEASE A KNOWLEDGE RECEIPT OF THIS ADDENDUM -- BY SIGNING ANQV'RE7U NG IT WITH YOUR BID. ���� Universal Cabling Systems, Inc 11/18/08 Authorized ig ature Company Name Date Mark Vanson- President ADDENDA QUESTIONS /CLARIFICATONS 1. Do you have the pricing sheets available In an electronic format? No 2. Do you have the bid results from the last time this was bid out? Yes, make a public records request through Arlene Beard at bearda @stlucie.k12.fl.us 3. Will you accept an equivalent to the proposed Belden Cabling product? We would like to keep Belden as our main cable product as it is compatible with Pandit. i 1 Resolution 36, 2010 EXHIBIT "B" Universal Cabling Systems, Inc. ;''�. ,. , , , r-f ,:.. \ .. nin— inir�t' iioii is ih LINE i.:? .,rr= <{ >s 914 I ern Street Suite A l est Palm Beach, FL 33401 -5756 Customer Name / Address City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Vuiv f )B Liss Fibo, Optiv 1,/tone, (561) 659 -6124 Fiat• (561) 659 -6308 Email:iyrfir,a;uccct�ble.crt�n Proposal Date Proposal # 5/28/2010 R2611 -MVSD Project Estimator C/O PB Gardens EOC MV Description Qty Cost Total Attention: Eric Holt Ref: City of Palm Beach Gardens EOC Fiber Optic Backbone Infrastructure and New EOC Premise Wiring as per St. Lucie County School Board Bid# ITB09 -08E Universal Cabling Systems, Inc. will supply all labor and materials for the installation of a Fiber Optic Infrastructure Backbone as follows: 1. Installation of (2) two 2" 3 -Cell Maxcell innerduct in (1) one 4" conduit throughout new conduit system. All fiber optic cable shall have warning labels and direction source labels entering and leaving all manholes and closets. 2. Installation of (1) one hybrid 48mm/24sm fiber optic cable from Burns Road existing communication manhole to new EOC facility. Splice new hybrid 36mm/I8sm cable to existing fiber cables from Public Works, Fire Station, and Lakeside Center. Installation of (1) one hybrid 48mm/24sm fiber optic cable from City Hall to new EOC facility. This Proposal is valid for thirty (30) days from this date: 5/28/2010 All drawings, specifications and related documents are the copyright property of the Contractor and must be returned upon request. Reproduction of drawings, specifications Total and related documents in part or whole is forbidden without the Contractor's written permission. Page 1 Universal Cabling Systems, Inc. "ormniinication is LI c 914 fern Street Suite A lfe,vl Patin Bench, FL 33401 -5756 Customer Name / Address City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Voice r' I'):atat Vibtci, Ovtii� 1'lione (561) 659 -6224 hax (361) 659-6 308 Email; iPrfij� i; °�tc,sc dr171r�.c r�ir� Proposal Date Proposal # 5/28/2010 R2611 -MVSD Project Estimator C/O PB Gardens EOC MV Description Qty Cost Total Installation of (1) one hybrid 48mm/24sm fiber optic cable from Police Department communications closet to new EOC facility. Installation of (1) one hybrid 48mm/24sm from BRRC communications closet to new EOC facility. All fiber optic cable in EOC, City Hall, Police Department, and BRRC shall be placed into new wallmount fiber optic patch panels with SC type adapter modules. All fiber optic cable strands at each end shall be placed into 12 strand fanout kits and terminated with 3M hotmelt type connectors. 3. Installation of (2) 400 pair PE -89 type voice grade copper cable from Police Department communications room to new EOC facility. Installation of (1),one 50 pair PE -89 type voice grade copper cable from new EOC facility to BRRC communications closet. All copper pairs and ends shall be terminated onto Circa 66 in/ 110 out type protection units with 4BIS -300 digital solid state modules. 4. Testing, certification, and asbuilt documentation. This Proposal is valid for thirty (30) days from this date: 5/28/2010 All drawings, specifications and related documents are the copyright property of the Contractor and must be returned upon request. Reproduction of drawings, specifications Total and related documents in part or whole is forbidden without the Contractor's written permission. Page 2 Universal Cabling Systems, Inc. �'E):)ttPliit'l!'t 2ft)tt is the LI u-) 4 914 Fern Street Suite A Wert Puhn Bench, FL 33401 -5756 1'as 1's' Data F014,1. Optiv Phone (.501) 659 -6224 Errs (561) 659 -6308 E-mail. info,,' ti seable.coin Customer Name / Address 1 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Proposal Date Proposal # 5/28/2010 R2611 -MVSD Project Estimator C/O PB Gardens EOC MV Description Qty Cost Total Total Price 1 95,573.85 95,573.85 NOTE: All backbone cable shall stop at wall location. Customer will provide all cross - connect for both copper and fiber. All new conduit by others. NOTE: See Attachment "A" for pricing breakdown as per St. Lucie School Board Bid #ITB09 -08E. Universal Cabling Systems, Inc. will supply all labor and material for the installation of a Premise Wiring System for the new EOC Center as follows: OFFICE /TRAINING CENTER 1. Installation of CAT6 CMR for data outlets and CAT5E CMR for voice outlets including all cable, jacks, faceplates, patch panels (wallmount and rackmount), J -hook ceiling support system. 911 DISPATCH 1. Installation of CAT6 CMR for data outlets and CAT5E CMR for voice outlets including all cable, jacks, faceplates, patch panels (wallmount and rackmount), J -hook ceiling support system. This Proposal is valid for thirty (30) days from this date: 5/28/2010 All drawings, specifications and related documents are the copyright property of the Contractor and must be returned upon request. Reproduction of drawings, specifications Total and related documents in part or whole is forbidden without the Contractor's written permission. Page 3 Universal Cabling Systems, Inc. ' «rrrrfr;rfrt�; tift:r is /It , LINE F : =r = ; :1 914 Ferri Str•eei Suile A Nest Pohn Beach, FL 33401 -5756 Customer Name /Address City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 11horre (.561) 659 - -6224 T .v (561) 659 -6308 Email: ifrfr�;i ut.scrrhli. c rrrtr Proposal Date Proposal # 5/28/2010 R2611 -MVSD Project Estimator C/O PB Gardens EOC MV Description Qty Cost Total 2. Installation of 6- strand 62.5/125 micron CMR multimode fiber cable to each outlet including all fiber optic cable; SC MM fiber optic connectors, faceplates, patch panels (wallmount and rackmount), J -hook ceiling support system. EOC TV 1. Installation of dual (2) RG -6 CMR cable to each TV outlet including RG -6 CMR cable, RG -6 F connector, stainless steel faceplate with dual "F" connector bulkhead adapter, J -hook ceiling support system. EOC COM ROOMS 1. Installation of (2) Tx 19" free standing distribution racks (black) including vertical side mounted 6" wire managers, horizontal 4u front and rear wire managers, rack grounding kits, overhead ladder tray for the Data Center. 2. Installation of (1) Tx 19" free standing distribution rack (black) including vertical side mounted 6" wire managers, horizontal 4u front and rear wire managers, rack grounding kit, overhead ladder tray for the Telecom Center. WAP This Proposal is valid for thirty (30) days from this date: 5/28/2010 All drawings, specifications and related documents are the copyright property of the Contractor and must be returned upon request. Reproduction of drawings, specifications Total and related documents in part or whole is forbidden without the Contractor's written permission. Page 4 Universal Cabling Systems, Inc. t:' ntimut- nation is the LINE tc? ` `IrCOO•e 9141=ern Street Sillte A Wes! Pahii Beach, rL 3341)1-_5756 I Customer Name / Address City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 I oice 1).M.t ! Fflu,r Ov_Ic, Phone (561) 659-0224 T'ax (561) 659 -630,V /:mail: ilifca rt uescable. c om Proposal Date Proposal # 5/28/2010 R2611 -MVSD Project Estimator C/O PB Gardens EOC MV Description Qty Cost Total 1. Installation of (4) wireless access point CAT6 CMR outlets including CAT6 CMR cable, jacks, plates, patch panels, J -hook ceiling support system. Scope of Work Statement: All horizontal station outlet cables shall be designated as blue for data and red for voice. All blue data cables shall terminate onto CAT6 rackmount patch panels in the Data Communications Room. The red voice cable shall terminate onto 110 style punch down blocks with stand -off brackets in Telecom Room. The fiber optic cable in 911 dispatch shall be orange and terminate onto rackmount fiber optic patch panels with SC termination in the Telecom Room. The EOC TV RG -6 non - plenum cable shall be black and terminate onto the back wallboard in the Telecom Room. All wireless access point shall be yellow CAT6 CMR cable and shall terminate onto rackmount patch panel in the Data Center. Testing, documentation, and certification. This Proposal is valid for thirty (30) days from this date: 5/28/2010 All drawings, specifications and related documents are the copyright property of the Contractor and must be returned upon request. Reproduction of drawings, specifications Total and related documents in part or whole is forbidden without the Contractor's written permission. Page 5 Universal Cabling Systems, Inc. t-�C)PFRP #7Ili'dXemkm is tho LINE t +J 414 Feria Street Suite A tI%est Palm Beach, Ft, 334111 -5756 Customer Name /Address City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Voice/ / 1)at.S ? 111?i`1' Optiv I''lioue (561) 6.59-6224 /,'ax (561) 659 -6308 Email: itrji)(ii;uc_scablcr.coin Proposal Date Proposal # 5/28/2010 82611 -MVSD Project Estimator C/O PB Gardens EOC MV Description Qty Cost Total Total Cost 1 56,418.40 56,418.40 NOTE: See Attachment "B" for pricing breakdown as per St. Lucie County School Board Bid# ITB09 -08E. This Proposal is valid for thirty (30) days from this date: 5/28/2010 All drawings, specifications and related documents are the copyright property of the Contractor and must be returned upon request. Reproduction of drawings, specifications Total $151 992.25 and related documents in part or whole is forbidden without the Contractor's written permission. rage b City of Palm Beach Gardens EOC Fiber Optic Infrastructure Attachment "A" Material and Labor Breakdown Sheet As Per St. Lucie County School Board Bid #ITB09 -08E Item Quantity Price Total 29 24 $131.00 $3,144.00 31 2 $264.00 $528.10 32 16 $396.00 $6,336.00 34 50 $1.02 $51.00 62 17 $11.88 $201.96 64 430 $0.54 $232.20 66 648 $5.64 $3,654.72 67 324 $8.34 $2,702.16 72 1 $203.80 $203.80 73 6 $180.30 $1,081.80 74 82 $29.40 $2,410.80 201 5 $63.60 $318.00 197 6 $28.801 $172.80 Balance of items for products not listed below, price will be expressed as a 4% off of list price. ITEM # 1. Fiber optic cable backbone 48mm /24sm Dry Block 5,000' at $6,544.00 per 1,000' _ $32,720.00 $32,720 - 4% Discount ($1,308.80) _ $31,411.20 2. Fiber optic cable backbone 36mm /18sm Dry Block 1,400' at $5,487.00 per 1,000'= $7,681.80 $7,681.80 - 4% Discount ($307.27) _ $7,374.53 3. Spider fanout kit for fiber cable buffer, 12 buffer tube system 41 at $18.50 = $758.50 $758.50 - 4% Discount ($30.34) _ $728.16 4. Copper backbone 400 pair PE -89 for voice 800' at $8.80 - $7,040.00 $7,040.00 - 4% Discount ($281.60) _ $6,758.40 5. Maxcell Innerduct 2" 3 -Cell system 2,600' at $2.10 per foot = $5,460.00 $5,460.00 - 4% Discount ($218.40) _ $5,241.60 6. Coyote fiber optic splice case and components 1 at $982.00 = $982.00 $982.00 - 4% Discount (39.28) _ $942.72 Universal Cabling Systems, Inc. City of Palm Beach Gardens EOC Fiber Optic Infrastructure Total Material $73,493.85 Labor Total Project Labor $22,080.00 1,472 hours at $15.00 per hour Total Project Cost as per St. Lucie County School Board Bid# ITB09 -08E $95,573.85 Universal Cabling Systems, Inc. City of Palm Beach Gardens New EOC Premise Wiring Attachment "B" Material and Labor Breakdown Sheet As Per St. Lucie County School Board Bid #ITB09 -08E Item Quantity Price Total 14 11 $382.20 $4,204.20 16 11 $255.19 $2,807.09 13 24 $195.22 $4,685.28 19 24 $129.36 $3,104.64 35 98 $5.95 $583.10 36 94 $4.02 $377.88 43 8 $1.79 $14.32 44 76 $1.79 $136.04 45 9 $1.79 $16.11 46 16 $1.79 $28.64 48 42 $7.32 $ 307.44 53 4 $6.70 $26.80 56 3 $291.66 $874.98 57 3 $248.15 $744.45 62 4 $11.88 $47.52 64 400 $0.54 $ 216.00 75 5 $229.20 $1,146.00 76 12 $55.98 $671.76 130 20 $16.44 $328.80 132 3 $126.00 $378.00 133 3 $50.52 $151.56 134 4 $77.92 $311.68 135 4 $88.20 $352.80 138 8 $18.00 $144.00 208 400 $5.40 $2,160.00 147 400 $0.48 $192.00 153 10 $90.00 $900.00 154 4 $0.84 $ 3.36 205 3 $23.82 $71.46 72 1 $203.80 $203.80 74 32 $29.40 $940.80 66 1 192 1 $5.641 $1,082.88 Universal Cabling Systems, Inc. City of Palm Beach Gardens New EOC Premise Wiring Balance of items for products not listed below, price will be expressed as a 4% off of list price. ITEM # 1. Plenum rated 6 strand 62.5/125 multimode fiber optic cable for 911 dispatch 4,000' at $1.05 per foot = $4,200.00 $4,200.00 - 4% Discount ($168.00) _ $4,032.00 2. Non - plenum rated RG -6 coax cable for TV outlets 11,000' at $.092 per foot = $1,012.00 $1,012.00 - 4% Discount ($41.00) _ $971.00 3. Stainless steel dual faceplates for TV outlet 29 at $12.95 each = $375.55 $375.55 - 4% Discount ($15.02) - $360.53 4. Pass through "I"' connector adapter bulkheads for TV 58 at $5.39 each = $312.62 $312.62 - 4% Discount ($12.50) - $300.12 5. RG -6 "f" Connectors 116 at $1.00 each = $116.00 $116.00 - 4% Discount ($4.64) _ $111.36 Total Material $32,988.40 Labor Total Project Labor $23,430.00 1,562 hours at $15.00 per hour Total Project Cost as per St. Lucie County School Board Bid# ITB09 -08E $56,418.40 Universal Cabling Systems, Inc. Resolution 36, 2010 EXHIBIT "C" AGREEMENT FOR THE SCHOOL DISTRICT OF ST. LUCIE COUNTY CONTRACT # 09 -08E CABLING LABOR HOURLY RATES AND MATERIALS FOR PREMISE DISTRIBUTION WIRING THIS AGREEMENT is made this day of , 2010, (hereinafter the "effective date ") by and between the City of Palm Beach Gardens, a municipal corporation (hereinafter referred to as the "CITY "), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Universal Cabling Systems, Inc. (hereinafter referred to as the "CONTRACTOR "), whose address is 914 Fern Street, West Palm Beach, Florida 33401. WHEREAS, the CONTRACTOR bid on those certain specifications and bid documents for Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring, Bid Number 09 -08E (hereinafter referred to as the "Project "), issued by The School District of St. Lucie County; and WHEREAS, the CONTRACTOR has been deemed to be the responsive bidder, and the CITY desires to piggyback on the agreement from the CONTRACTOR on the terms and conditions more particularly described below and as contained in the specifications and bid documents for Cabling Labor Hourly Rates and Materials for Premise Distribution Wiring, The School District of St. Lucie County Bid Number 09 -08E, and the CONTRACTOR'S response thereto, all of which are hereinafter incorporated by reference and are referred to as "Specifications and Bid Documents "; and WHEREAS, the CONTRACTOR is desirous of entering into the agreement with the CITY pursuant to the terms and conditions more particularly described herein and pursuant to the Specifications and Bid Documents. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration of which the parties hereby acknowledge, the parties agree as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The CONTRACTOR shall perform the services and duties as provided for in the Specifications and Bid Documents and comply with all of the terms provided for in the Specifications and Bid Documents. 3. The term of this Agreement shall be in accordance with the Specifications and Bid Documents. The contract amount that the CITY is permitted to spend in connection with The School District of St. Lucie County and this Agreement with the CONTRACTOR is for an amount not to exceed the budgetary amount appropriated by the City Council for each and every year this contract is in effect. All services and products to be purchased and work to be performed shall be done via a purchase order in such form as determined by the CITY. Nothing herein, however, shall prevent the CITY from seeking a budget amendment should it require additional sums of money for this Project and a change in the scope of services. All purchases pursuant to this Agreement shall be done in accordance with the CITY'S Purchasing and Procurement Manual and procedures thereto. All purchases shall be evidenced by such approved purchase orders. 4. The CONTRACTOR shall provide to the CITY all services, work, and products that are necessary to fulfill its obligations pursuant to the Project and the Specifications and Bid Documents. All prices for the items and work herein shall be in accordance with the CONTRACTOR'S response to the Project and in accordance with the Specifications and Bid Documents. All purchases shall be evidenced by a purchase order from the CITY. 5. The CONTRACTOR shall maintain all insurance as is required by the Specifications and Bid Documents. Prior to commencing any work, performing services, or supplying products, the CONTRACTOR shall provide to the CITY such insurance coverage that the CITY has requested in the Specifications and Bid Documents. In addition, the CONTRACTOR agrees to provide to the CITY such other insurance coverage requested by the CITY'S Department of Risk Management and with such coverage amounts and deductibles as is requested by such Department. The CITY shall require the following insurance with the limits as provided for herein: Workers' Compensation Insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable Federal laws. In addition, the policy(ies) must include Employers' Liability with limits of One Hundred Thousand Dollars ($100,000.00) each accident, Five Hundred Thousand Dollars ($500,000.00) each disease, and One Hundred Thousand Dollars ($100,000.00) aggregate by disease. General Liability Coverage including coverage for Products /Completed Operations Liability on an occurrence basis, Broad Form Property Damage, Personal Injury, the CITY will not accept any endorsement or modification of the GL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. The required limits may be met by the issuance of an excess or umbrella coverage policy. The CITY shall be named as an additional insured on such policies. Acceptable minimum limits are: $1,000,000 general aggregate $1,000,000 products and completed operations aggregate $1,000,000 personal injury and advertising injury $1,000,000 each occurrence 2 Comprehensive Automobile Liability shall include coverage for owned vehicles, non - owned vehicles, and hired vehicles. Acceptable minimum limits are One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage. 6. All renewals of this Agreement shall be pursuant to the Specifications and Bid Documents. This Agreement and any renewals thereto are subject to annual appropriations by the CITY OF PALM BEACH GARDENS, and this Agreement is subject to fiscal funding out by the CITY. 7. The CONTRACTOR agrees, warrants, covenants, and represents that all products, work, and services that it shall perform pursuant to this Agreement, the Project, and the Specifications and Bid Documents 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 CONTRACTOR warrants the merchantability and fitness of the products and services as contemplated in this Agreement, the Project, and the Specifications and Bid Documents. The CONTRACTOR agrees to warrant the products, work, and services for a period of one (1) year from the date of acceptance of the work by the CITY or for such warranty period as provided in the Specifications and Bid Documents, whichever is greater. 8. The CONTRACTOR agrees to supply to the CITY adequate personnel to provide timely completion of all projects and support contemplated by this Agreement and pursuant to the Project and the Specifications and Bid Documents. The parties hereto agree that time is of the essence, and the CONTRACTOR agrees to pay such liquidated damages as are provided for in the Specifications and Bid Documents and as are determined by the CITY for failure to comply with such timelines as provided for therein. 9. The CONTRACTOR agrees to indemnify and hold harmless the CITY, its officers, and employees from any and all liabilities, damages, losses, suits, actions, claims, and /or matters, including costs and reasonable attorney's fees, to the extent caused by the negligence, gross negligence, or intentionally wrongful conduct of the CONTRACTOR and any other persons or entities employed or utilized by the CONTRACTOR in the performance of this Agreement, the Project, and the Specifications and Bid Documents as it relates to the CITY. 10. In performance of its obligations hereunder, the CONTRACTOR agrees to comply with all applicable laws, rules, regulations, orders, codes, criteria, and standards, whether local, state, or federal. 11. The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor. If a subcontractor fails to perform as required by this Agreement and it is necessary to replace the subcontractor in order to provide services as required, the CONTRACTOR shall promptly do so, subject to acceptance of the new subcontractor by the CITY. 12. The parties to this Agreement understand that the CITY is a tax - exempt organization; nothing herein, however, shall exempt the CONTRACTOR from paying all of its taxes pursuant to this Agreement. 13. In addition to any other termination provisions found in the Specifications and Bid Documents, this Agreement may be terminated by the CONTRACTOR upon thirty (30) days' prior written notice to the CITY in the event of substantial failure by the CITY to perform in accordance with the terms of this Agreement through no fault of the CONTRACTOR. In addition to any other termination provisions found in the Specifications and Bid Documents, this Agreement may be terminated by the CITY, with or without cause, upon thirty (30) days' written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Agreement, the CONTRACTOR shall be paid for services and products 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 CONTRACTOR shall stop work on the date specified. The CONTRACTOR shall not be entitled to any claim of loss of profits from a termination by the CITY. 14. Neither the CITY nor the CONTRACTOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "Uncontrollable Forces" shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquake, storms, lightning, epidemic, war, riots, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15. 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. 16. 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. 17. This Agreement is binding upon the parties hereto, their heirs, successors, and assigns. 18. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age, or national origin. F11 19. A waiver by either the CITY or the CONTRACTOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. Further, a written waiver in part shall not constitute a waiver of any other part of this Agreement. 20. The invalidity, illegality, 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 this 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. 21. The CITY and the CONTRACTOR agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between the CITY and the CONTRACTOR pertaining to this Agreement, whether written or oral. None of the provisions, terms, and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 22. This Agreement may not be modified unless such modifications are evidenced in writing, signed by both the CITY and the CONTRACTOR. Such modifications shall be in the form of a written amendment executed by both parties. 23. 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 Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 5 As to the CONTRACTOR: President Universal Cabling Systems, Inc. 914 Fern Street West Palm Beach, FL 33401 Notices shall be effective when received at the addresses as specified above. 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 received; however, facsimile transmissions received (i.e., printed) after 5 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must additionally be mailed or delivered in person, as required hereinabove. Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the CONTRACTOR and the CITY. 24. To the extent the CONTRACTOR has to purchase fuel from another port as a result of a natural disaster, then the CONTRACTOR may be permitted to charge the CITY its proportionate share of transportation charges related to the fuel delivery. All such charges shall be approved by the CITY in advance and in writing as evidenced by a purchase order approved by the CITY and the CONTRACTOR. (The remainder of this page intentionally left blank) R IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this Agreement all as of the day and year first above written. ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY / %�7 By. R. M x ohman, City Attorney WITNESS: By:_ Print By: Pril CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor UNIVERSAL CAB S TEMS, INC. By: Print Name: Aark yanson Title: President (CORPORATE SEAL) G: \attorney_share\f1GREEMENTS \universal cabling systems piggyback agreement- 201 0.doc 7 Universal Cabling Systems, Inc. AFFIDAVIT Before me personally appeared Mark Vanson on behalf of Universal Cabling Systems, nc, entity. He has personal knowledge of the matters stated in this Affidavit and makes this Affidavit under penalty of perjury. Mark Vanson is over the age of 21 years. 2. Mark Vanson has the authority to execute that certain Agreement Contract # 09 -08E- Cabling Labor Hourl with the City of Palm Beach Gardens entitled & Material¢. fnr P«mise Tiictrihutinn Wy- d dated August 16, 2010 and said entity has taken all actions necessary, legal, or otherwise to enter into this Agreement/Contract with the City of Palm Beach Gardens. Mark Vanson is the President of said entity. 3. Universal Cabling Systems, In entity and the party executing this Affidavit understand that material reliance will be placed on this Affidavit by the City of Palm Beach Gardens. DONE THIS 16th DAY OF August , 2010. By: Mark Vanson - President As Affiant, individually and on behalf of said entity named above STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Affidavit was executed by Mark Vanson before me this 16th day of August , 2010, and Affia rsonally known tom r has produced as identification. V'RY PUB_ Notary Public State of Florida Krista Lea McNevin My Commission DD622665 OTARY PUBLIC Krista Mc evm XJ Expires 1211412010 My Commission expires: 12/14/2010 CERTIFICATE OF LIABILITY INSURANCE 08116�2o 0 PRODUCER (407)628 -3441 FAX (888)883 -8680 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lassiter -Ware Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of Oran 9 a /Seminole, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 940159 Mait7and, FL 32794 -0159 INSURERS AFFORDING COVERAGE NAIC # INSURED Universa7 Cab7ing Systems, Inc. INSURERA: National Trust Insurance Co. 20141 914 Fern Street INSURERS: FCCI Commercial Insurance Co. 33472 West Palm Beach, FL 33401 INSURERC: Zenith Insurance 13269 INSURER D: INSURER E: I 1*1*l'A4:7_TCi4l THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADIn TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY CLAIMS MADE FX OCCUR IT— OMMERCIAL GENERAL LIABILITY CLOW8614 0511112010 OS/II 12011 EACH OCCURRENCE $ Low ow DAMAGE TO RENTED $ 300, MED EXP (Any one person) $ 10, PERSONAL 8 ADV INJURY $ 1,000, GENERAL AGGREGATE $ 2,000 AGGREGATE LIMIT APPLIES PER: POLICY X JECT JECT LOC PRODUCTS - COMP/OP AGG S 2 , 000 A NGEN'L OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTCIS CA0013S53 05/11/2010 05/II /2011 COMBINED SINGLE LIMIT (Ea accident) S 1,000, BODILY INJURY (Per le —) $ BODILY INJURY (Peracadent) $ PROPERTY DAMAGE (Per ac ident) $ rl GARAGE LIABILITY R ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG E $ e EXCESSIUMBRELLA LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $ 10, UMB0008877 0511112010 OSIZ112011 EACH OCCURRENCE $ 3 000, AGGREGATE $ 3, 000, s y $ C WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? rc yes, deswbe under IS PROVISIONS below 2070501501 0110112010 OI /OI /2011 X `A^� sTATU- OTH- E. L. EACH ACCIDENT $ 1 OOO E.L. DISEASE - EA EMPLOYE $ 1, OOO, E.L. DISEASE - POLICY LIMIT S 1 000, OTHER DESCRIPWN OF A TIONS / LOCATIONS / VEHICLES / EXCL NS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City o Pao Beach Gardens is names Additional Insured on premises operations on enera7 Liability; under the terms & conditions of the policy. City of Palm Beach Gardens I0S00 N. Military Trail Palm Beach Gardens, FL 33410 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Scott Popilek/LORRIL ACORD 25 (2001/08) CACORD CORPORATION 1988 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, it is the privilege and duty of the American People to commemorate the one hundred ninety- seventh anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and activities; 'Tfrf� WHEREAS, Public law No. 915 guarantees the issuance of a proclamation by the President of the United States of America, designating September 17 through 23 of each year as Constitution Week. NOW, THEREFORE, I, David Levy, Mayor of the City of Palm Beach Gardens, Florida, do hereby Proclaim the Week of September 17 through 23, 2010, as CONSTITUTION WEEK and urge all citizens to study the Constitution, to express gratitude for the privilege of American citizenship in our Republic functioning under the superb body of laws - the Constitution of the United States of America. A TTEST: PA TRICIA SNIDER, CMC, CI7Y 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 1ph Day of September, in the year of our Lord, Two Thousand and Ten. MAYOR DAVID LEVY CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 16, 2010 Ordinance 23, 2010 Subject/Agenda Item: Public Hearing for First Reading of Ordinance 23, 2010 adopting the Fiscal Year 2010/2011 Budget [X] Recommendation to APPROVE [ ] Recommendation to DENY Revi Originating Dept.: Costs: $ Council Action: Whey (Total) City [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Finance Administrator Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Ordinance 23, 2010 [ x ] Not Required Submitted by: a�J� Department Director Affected parties Budget Acct. #: Appro by: [ ] Not required City an er Meeting Date: September 16, 2010 Ordinance 23, 2010 BACKGROUND: This is the first of two required public hearings on the proposed budget for Fiscal Year 2010/2011. Total sources for all funds is $106,119,427, consisting of total estimated balances carried forward of $27,247,548 and projected total revenues of $78,871,879. Total sources of funds are balanced with projected total expenditures of $82,156,879 and ending reserves of $23,962,548, for a total use of funds of $106,119,427. These totals reflect the action taken by Council at the July 15, 2010, Council Meeting, where the maximum tentative operating millage was set at 5.83 mills. This rate is 8.2% greater than the current year operating rate of 5.39, but is 3.294% below the roll -back rate of 6.0286. When combined, the total operating and debt service millage rate proposed for Fiscal Year 2010/2011 is 6.0154 mills, and is 8.6% greater than the current year combined rate of 5.539 mills. The second and final public hearing on the budget is scheduled for September 30, 2010. STAFF RECOMMENDATION: o Staff recommends a motion to adopt a proposed operating millage rate of 5.83 and debt millage rate of .1854 for a total tentative millage rate of 6.0154 mills for Fiscal Year 2010/2011. o Staff recommends an announcement be made declaring that the proposed millage rate represents a decrease from the roll -back rate by 3.294 %. o Staff recommends a motion to approve Ordinance 23, 2010 on first reading, adopting a tentative budget for Fiscal Year 2010/2011, and setting the second and final reading for September 30, 2010, at 7:00 p.m. in the Council Chambers. (Please note: The proposed FY 2010/2011 budget has been distributed to Mayor, Council, and staff under separate cover.) 2 ORDINANCE 23, 2090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 14 WHEREAS, at a duly advertised public hearing held on September 16, 2010, the 15 City Council tentatively adopted a budget for Fiscal Year 2010/2011; and 16 17 WHEREAS, at a duly advertised public hearing held on September 30, 2010, the 18 City Council determined that the tentative budget, as finalized by the City Council, will 19 meet the needs and requirements of the City of Palm Beach Gardens and its residents for 20 Fiscal Year 2010/2011; and 21 22 WHEREAS, the City Council deems approval of this Ordinance to be in the best 23 interests of the health, safety, and welfare of the residents and citizens of the City of Palm 24 Beach Gardens and the public at large. 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. The proposed budget is hereby approved and adopted by the City 33 Council as and for the budget of the City of Palm Beach Gardens for the fiscal year 34 commencing October 1, 2010, and ending September 30, 2011. 35 36 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 37 hereby repealed. 38 39 SECTION 4. Should any section or provision of this Ordinance or any portion 40 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 41 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 42 43 SECTION 5. This Ordinance shall become effective immediately upon adoption. 44 45 46 47 Ordinance 23, 2010 1 PASSED this day of , 2010, upon first reading. 2 3 PASSED AND ADOPTED this day of 2010, upon 4 second and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 10 11 BY: 12 David Levy, Mayor 13 14 15 Robert G. Premuroso, Vice Mayor 16 17 18 Joseph R. Russo, Councilmember 19 20 21 Eric Jablin, Councilmember 22 23 24 ATTEST: 25 26 27 BY: 28 Patricia Snider, CMC, City Clerk 29 30 31 APPROVED AS TO FORM AND 32 LEGAL SUFFICIENCY 33 34 35 BY: 36 R. Max Lohman, City Attorney 37 38 39 40 41 42 43 44 45 46 47 G:\ attorney_ share \ORDINANCES\2010 \Ordinance 23 2010 - budget adoption 2010- 2011.docx Vi CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 16, 2010 Petition #: LDRA- 09 -07- 000025 Ordinance 13, 2010 SUBJECT/AGENDA ITEM Ordinance 13, 2010: Land Development Regulations Amendments to Section 78- 378. Dumpsters. and Section 78 -379. Recycling Containers. First Reading: This is a City- initiated Land Development Regulations ( "LDRs ") text amendment to amend the Dumpster and Recycling code sections to encourage conservation as stated in the Comprehensive Plan related to the green initiatives. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council Action: City Planning and Zoning: Costs: [ ]Rec. Approved Project Manager: $ N/A [ ] Rec. app. w/ R. x Lo man, Esq. Total conditions _�'� Martin Schneider, AICP [ ] Rec. Denied Direct r of PI nning and Planner $ N/A [ ] Continued to: Zo in Current FY Funding Source: [ ] Quasi - Judicial a lie ong, AICP [ X] Legislative [ X ] Public Hearing [ ] Operating Development Compliance: [ ] Workshop Advertised: Attachments: Proposed Ordinance "12 L__" [X] Other N/A K. Wolfs, AICP Date: N/A a areh 13, 2010 Paper: N/A Budget Acct. #: Resource Manager: [X] Required at 2rd NA Reading [ Not Required Allyson Black Approved By: City ger: Affected parties: [ ] Notified R ald . Ferris [ X ] Not Required Meeting Date: September 16, 2010 Petition: LDRA -09 -07 -000025 Page 2 of 8 BACKGROUND Based on Comprehensive Plan Policy 6.2.2.5, and public comments received by City staff on the expense and difficulty property owners and tenants have providing additional dumpster locations within existing developments for recycling and normal trash disposal, staff has initiated changes to the City's dumpster and recycling codes. This proposed amendment to the Land Development Regulations (LDRs) changes: • Division 9. Subdivision III. Section 78 -378. Dumpsters. is amended to encourage screening of all dumpsters by allowing concrete block, opaque fencing, or a combination thereof to be used for existing dumpsters, and allowing an administrative reduction of required parking spaces to correct a legal nonconforming enclosure. Currently, the existing regulations require all dumpsters to be screened with materials of the same architectural style as the principal structure, which in most cases means all concrete construction. The existing regulations also do not allow for any process to utilize required parking spaces for dumpster or recycling enclosure areas in existing developments. • Division 9. Subdivision III. Section 78 -379. Recycling containers. is amended to require all new and major nonresidential redevelopment projects to provide storage areas for recycling containers. Staff believes these changes will help eliminate nonconforming dumpsters in existing developments, and will encourage conservation because it will be less expensive to add recycling containers to individual sites while still maintaining aesthetic integrity of nonresidential properties. CONSISTENCY WITH EXISTING GOALS, OBJECTIVES AND POLICIES WITHIN THE CITY'S COMPREHENSIVE PLAN: The proposed Land Development Regulations amendment is consistent with the overall intent of the goals, objectives and policies of the City's Comprehensive Plan. The proposed revisions to the dumpsters and recycling codes encourage conservation of natural resources mandated by the City's Comprehensive Plan. The proposed amendments are consistent with Policy 6.2.2.5, which states: Policy 6.2.2.5.: By December 31, 2009, the City shall review the City's Land Development Regulations to consider the addition of specific energy efficient and recycling regulations to encourage conservation. ,_ : 14- Meeting Date: September 16, 2010 Petition: LDRA -09 -07 -000025 Page 3 of 8 The proposed amendment provides different and more cost - effective ways to screen dumpsters, including recycling containers. This will encourage conservation in an energy - efficient manner because it will be less expensive to add recycling containers to individual sites. PROPOSED CITY CODE AMENDMENTS: City staff has evaluated the current LDR sections that need to be modified in order to be consistent with the current Comprehensive Plan goals, objectives, and policies. Strikethrough language is proposed to be omitted, and bolded and underlined language is proposed to be added. The following are the proposed code amendments: Sec. 78 -378. Dumpsters. (a) Applicability. The requirements pertaining to the location and screening of dumpsters established in this section shall apply to all zoning districts within the city having or using dumpsters (ninety (90) -gallons or -greater in size) for sanitation service or recycling service. Temporary dumpsters, such as those which are placed on job sites during construction activity, are not subject to this section. Recycling containers within city parks are exempt from this section. (b) Minimum requirements. The location and use of dumpster shall comply with the standards established below. (1) Location. The location of dumpster areas shall be approved by the city either at the time of development approval or building permit issuance. All dumpsters shall be located se in such a manner as to be reasonably accessible for trash collection by the sanitation vehicles and for trash deposit by the user without becoming a nuisance or having a blighting effect. Dumpsters shall not be located within the right -of -way of a public street or alley. (2) Screening. a. All dumpsters areas shall be reasonably screened from public view, from public rights -of -way, and from abutting properties. b. All new developments and major re- development projects sisters shall be screened proposed dumpsters on all four 4W sides, as indicated in Figure 17. Gates whist} must be closed when the dumpster 44 is not is in use. Gates shall be maintained in good repair. s," Meeting Date: September 16, 2010 Petition: LDRA -09 -07- 000025 Page 4 of 8 b*W MAbC r,*Y R(ALL ft= Ate! PAW FIN OW TO' MATC14 14• �• EXI*TNO STI44TUM &TEFL FWE BOLL+4RD� CONC. FILLEC CELL UV I V ART ('iYPJ 64 TWICK WHO" IWAO " AXWA 60 x *r a GLOM 1�I► I�1Ll.E�GaNb ` � � 1�-- --- !lEGYCLE CGNTAMER!! 11 f II it c. Existing dumpsters shall be screened with materials 80LID t7PAt� CsATEb II !I Figure 17 ., such as rgtyle, GGIGF, and materials as the ffincipal concrete block, opaque fencing, or a combination thereof, on all four (4) sides. However, to the -greatest extent practicable, dumpster enclosures shall be constructed in the same architectural style, color, and materials as the principal use. Exceptions to this requirement may be granted by the city for a ninety (90) gallon recycling container. Dumpster screening enclosures shall be maintained in good repair, and the areas surrounding dumpsters and the dumpster enclosures shall be kept neat, clean, and free from debris. The city may require the installation of landscaping to provide additional screening or other enhancements for dumpsters areas that would otherwise be visible from a public rights -of -way. �r W d111111111i1111111111�ti1U11 sr11111'ilitlii l -I q q q � q i Q 111 r q D a q S in q i Mf! � a &TEFL FWE BOLL+4RD� CONC. FILLEC CELL UV I V ART ('iYPJ 64 TWICK WHO" IWAO " AXWA 60 x *r a GLOM 1�I► I�1Ll.E�GaNb ` � � 1�-- --- !lEGYCLE CGNTAMER!! 11 f II it c. Existing dumpsters shall be screened with materials 80LID t7PAt� CsATEb II !I Figure 17 ., such as rgtyle, GGIGF, and materials as the ffincipal concrete block, opaque fencing, or a combination thereof, on all four (4) sides. However, to the -greatest extent practicable, dumpster enclosures shall be constructed in the same architectural style, color, and materials as the principal use. Exceptions to this requirement may be granted by the city for a ninety (90) gallon recycling container. Dumpster screening enclosures shall be maintained in good repair, and the areas surrounding dumpsters and the dumpster enclosures shall be kept neat, clean, and free from debris. The city may require the installation of landscaping to provide additional screening or other enhancements for dumpsters areas that would otherwise be visible from a public rights -of -way. Meeting Date: September 16, 2010 Petition: LDRA -09 -07 - 000025 Page 5 of 8 d. All screening must be a minimum of six u feet high in height, as measured from the immediately surrounding grade or must exceed the height of the dumpster, recycling container, or trash compactor by no less than one (1) foot, whichever is greater. e. All dumpsters must be placed located or installed on a hard impermeable surface of adequate size to accommodate the dumpster The growth management director, or designee, may authorize a reduction in the number of existing parking spaces in order to facilitate the proper location and construction of a dumpster enclosure(s) or to facilitate recycling when necessary to address a nonconforming dumpster enclosure or to facilitate recycling. The administrative reduction of parking spaces for this limited purpose is hereby determined to be in the best interest of the public health, safety, and welfare. f. INS ser--fien shall apply te all existing and futuFe development within the Gity. FOF new tThe locations of these dumpsters and dumpster enclosures shall be shown depicted on and approved through en the approved site plan approval process for all development and projects. In the event an existing development does not have a site plan, the locations of dumpsters and dumpster enclosures shall be depicted on and approved through building permit plans and plan review process. g. All existing nonconforming dumpsters in the city shall be required to come into compliance with these regulations no later than sox months- T- Teffeer-Ative date of thos section May 1, 2011. h. Dumpsters shall be located a minimum of twenty -five (25) feet from the boundary of a residential zoning district, unless waived by the gF9VAh management rfirta the dumpster is physically located within a residential zoning district. (c) Appeals. Appeals from decisions of the city staff regarding dumpsters are subject to the jurisdiction of the BZA PZAB. Appeals shall be filed as provided in section 78-53 56. [Note: Changes to this section are encouraged by Comprehensive Policy 6.225. City staff proposes these changes to address difficulties that existing developments have had with adding recycling dumpsters and /or screening current dumpsters.] Meeting Date: September 16, 2010 Petition: LDRA -09-07 -000025 Page 6 of 8 Sec. 78 -379. Recycling containers. (a) Multifamily residential recycling storage areas. All multifamily residential projects of ten (10) or more units shall provide storage areas for recycled materials. (1) Location. Storage areas shall be located within the multifamily structure or structures or as part of the area containing garbage disposal facilities. (2) Circulation. Recyclable collection areas shall be located so as to avoid excessive maneuvering by vehicles picking up the materials. (4-3) Screening. Unenslesed- sCollection areas that are not located within a multifamily structure shall be screened in accordance with section 78 -378. (54) Exemptions. Multifamily buildings that receive curbside recyclable materials collection service at least once a week are exempt from these requirements. (65) Minimum area. Multifamily dwellings, unless exempt as provided herein, shall provide the amount of storage area listed below in Table 36. Table 36: Minimum Multifamily Recyclable Storage Area Requirements Number of Dwelling Units Minimum Storage Area 10 - -30 40 square feet 31 - -99 100 square feet 100 - -159 160 square feet 160 - -240 240 square feet More than 240 240 square feet plus one square foot for each dwelling in excess of 240 (b) Alternative compliance. An alternative to the required collection area may be proposed. The alternative plan shall be reviewed by the Solid Waste Authority of Palm Beach County (SWA) and approved by city. Meeting Date: September 16, 2010 Petition: LDRA -09-07 -000025 Page 7 of 8 (c) Existing buildings. The linstallation of recyclable materials collection areas at existing multifamily dwellings is encouraged. Multifamily dwellings subject to substantial renovation shall provide the materials collection areas as wed set forth herein. The growth management director, or designee, may authorize the use of existing parking spaces as a locations for collection areas. Reduction of parking for this purpose shall not require a variance. (d) Nonresidential recyclable materials storage areas. From the effective date of this section, all new nonresidential developments and major re- development of nonresidential projects shall provide storage areas for recyclable materials in accordance with sections 78 -378 and 78 -379. [Note: Changes to this section are encouraged by Comprehensive Policy 6.2.2.5. City staff proposes these changes to address difficulties existing developments have had with adding recycling dumpsters and /or screening current dumpsters.J STAFF ANALYSIS The proposed amendments will affect properties Citywide, but will primarily assist older, existing shopping centers, which oftentimes do not have dumpster areas that meet the current requirements, or do not have adequate space to provide for dumpsters and recycling containers within existing enclosures. These properties will still be required to screen dumpsters and recycling areas, but will have less- costly options available to meet screening requirements. Over the last five years, there have been a total of 30 Code Enforcement cases involving insufficient screening of dumpsters. Most of these cases involve older or smaller retail establishments. It is often difficult or cost prohibitive for these businesses to construct dumpster enclosures matching the architectural style and materials of the principal structure. Many of these businesses may also have a lack of viable locations for dumpster enclosures, or for enclosures large enough for dumpsters and recycling containers. The proposed code amendments will assist these businesses by providing less- costly alternatives, such as opaque fencing, rather than the concrete block or stucco - finished construction currently required by code. Today, there are a number of screening options available that are aesthetically appealing, including decorative wood or vinyl fencing, vinyl slats for chain link fencing, or a combination of fencing, concrete construction, and /or landscaping. The proposal will also provide an affordable option to encourage recycling efforts by private interests. The proposal will not only promote the City's environmental goals by encouraging conservation of natural resources through recycling, but will assist the private sector during difficult economic times while maintaining community aesthetics. Meeting Date: September 16, 2010 Petition: LDRA -09 -07 -000025 Page 8 of 8 PLANNING, ZONING, AND APPEALS BOARD (PZAB) RECOMMENDATION: On June 8, 2010, the Planning, Zoning, and Appeals Board voted 7 to 0 to recommend approval of Ordinance 13, 2010. STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance 13, 2010, on First Reading. 1 ORDINANCE 13, 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 REPEALING SECTION 78 -378. DUMPSTERS. 7 AND READOPTING SAME, AS REVISED; FURTHER AMENDING 8 CHAPTER 78. AT SECTION 78 -379 BY REPEALING 9 SUBSECTIONS (a)(3) AND (c), READOPTING SUBSECTION (c), AS 10 REVISED, RENUMBERING FORMER SUBSECTIONS (a)(4), (a)(5), 11 AND (a)(6) AS NEW SUBSECTIONS (a)(3), (a)(4), AND (a)(5) AND 12 ADOPTING NEW SUBSECTION (d); PROVIDING THAT EACH AND 13 EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. 14 LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND 15 EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS 16 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO 17 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 18 PURPOSES. 19 20 21 WHEREAS, to implement the Comprehensive Plan, City staff has initiated an 22 amendment (Petition LDRA- 09 -07- 000025) to the City's Land Development Regulations 23 amending Chapter 78. Land Development. in order to revise those portions of the code 24 which regulate the regulations for dumpster enclosures and recyclable material 25 container enclosures; and 26 27 WHEREAS, on June 8, 2010, the Planning, Zoning, and Appeals Board, sitting 28 as the Local Planning Agency, conducted a public hearing and recommended approval 29 and adoption of the proposed amendment to the City Council with a vote of 7 -0; and 30 31 WHEREAS, the City Council deems approval of this Ordinance to be in the best 32 interests of the health, safety, and welfare of the residents and citizens of the City of 33 Palm Beach Gardens and the public at large. 34 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 37 OF PALM BEACH GARDENS, FLORIDA that: 38 39 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 40 41 SECTION 2. Chapter 78. Land Development. of the Code of Ordinances of the 42 City of Palm Beach Gardens, Florida is hereby amended by repealing Section 78 -378. 43 Dumpsters. and readopting same, as revised; providing that Section 78 -378 shall 44 hereafter read as follows: 45 46 Page 1 of 5 Ordinance 13, 2010 1 Sec. 78 -378. Dumpsters. 2 3 (a) Applicability. The requirements pertaining to the location and screening of 4 dumpsters established in this section shall apply to all zoning districts within the city 5 having or using dumpsters (ninety (90) gallons or areater in size) for sanitation or 6 recycling service. Temporary dumpsters, such as those which are placed on job sites 7 during construction activity, are not subject to this section. Recycling containers within 8 city parks are exempt from this section. 9 - 10 (b) Minimum requirements. The location and use of dumpsters shall comply with the 11 standards established below. 12 13 (1) Location. The location of dumpster areas shall be approved by the city either 14 at the time of development approval or building permit issuance. All dumpsters 15 shall be located se in such a manner as to be reasonably accessible for trash 16 collection by the sanitation vehicles and for trash deposit by the user withou 17 becomina a nuisance or havina_a blighting_ effect. Dumpsters shall not be located 18 within the right -of -way of a public street or alley. 19 20 (2) Screening. 21 22 a. All dumpster areas shall be reasonably screened from public view, from 23 public rights -of -way} and from abutting properties. 24 25 b. All new developments and ma*or re- development projects Duwmpstefrs shall 26 be screened proposed dumpsters on all four sides, as indicated in figure 17. 27 Gates wh*eh must be closed when the dumpster in is not is in use. Gates 28 shall be maintained in good repair. 29 30 (Figure. 17 shall remain in full force and effect as previously adopted.) 31 32 C. Existin dumpsters shall be screened with materials ef the --sa+ e 33 such as concrete 34 block, opaque fencing, or a combination thereof, on all four sides. However. 35 to the areatest extent practicable, dumpster enclosures shall be constructed 36 in the same architectural style, color, and materials as the principal use. 37 Exceptions to this requirement may be granted by the city for a ninety (90) 38 gallon recycling container. Dumpster screening enclosures shall be 39 maintained in good repair, and the areas surrounding dumpsters the 40 dumpster enclosures shall be kept neat, clean, and free from debris. The city 41 may require the installation of landscaping to provide additional screening Q 42 other enhancements for dumpsters areas that would otherwise be visible from 43 public right -s-of -way. 44 45 46 Page 2 of 5 Ordinance 13, 2010 1 d. All screening must be a minimum of six & feet 40 in heiaht. as 2 measured from the immediately - surrounding grade or must exceed the heiaht 3 of the dumpster. recycling container, or trash compactor by no less than one 4 (1) foot, whichever is areater. 5 6 e. All dumpsters must be phased located or installed on a hard impermeable 7 surface; of adequate size to accommodate the dumpster and gaFbage tFuGk. 8 The arowth manaaement director, or designee, may authorize a reduction in 9 the number of existing parking spaces in order to facilitate the proper location 10 and construction of a dumpster enclosure(s) or to facilitate recycling when 11 necessary to address a nonconforming dumpster enclosure or to facilitate 12 recycling. The administrative reduction of required parkins spaces for this 13 limited purpose is hereby determined to be in the best interest of the blic pu 14 health, safety, and welfare. 15 16 f. This seratiGR shall apply to all existing and future development within thee 17 Gity. F9F ReW deVel9pFneilt, tThe locations of these dumpsters and dumpster 18 enclosures shall be shown depicted on and approved through eq --the 19 appWee site plan approval process for all development and projects. In the 20 event an existing development does not have a site plan, the locations of 21 dumpsters and dumpster enclosures shall be depicted on and approved 22 through building permit plans and the plan review process. 23 -- 24 g. All existing nonconforming dumpsters in the city shall be required to come 25 into compliance with these regulations no later than six months from the 26 date ef this seGtigil May 1. 2011. 27 28 h. Dumpsters shall be located a minimum n -five 1251 feet from the 29 boundary of a residential zoning district, unless waived by the gF 30 management dmFeGtGF the dumpster is physically Located_ within_ a residential 31 zonina district. 32 33 (c) Appeals. Appeals from decisions of the city staff regarding dumpsters are subject 34 to the jurisdiction of the EqA PZAB. Appeals shall be filed as provided in section 78- 35 53356. 36 37 SECTION 3. Chapter 78. Land Development. of the Code of Ordinances of the 38 City of Palm Beach Gardens, Florida is hereby amended at Section 78 -379. Recycling 39 containers. by repealing subparagraphs (a)(3) and subsection (c) and renumbering old 40 subparagraphs (a)(4) — (a)(6) as new subparagraphs (a)(3) — (a)(5) and adopting new 41 subsection (d); providing that Section 78 -379 shall hereafter read as follows: 42 43 Sec. 78 -379. Recycling containers. 44 45 (a) Multifamily residential recycling storage areas. All multifamily residential projects 46 of ten UM or more units shall provide storage areas for recycled materials. Page 3 of 5 Ordinance 13, 2010 1 (1) -(2) (These subparagraphs shall remain in full force and effect as previously 2 adopted.) 3 4 5 . 6 7 (431 Screening. U►eeslesed-- sCollection areas that are not located within a 8 Multifamily structure shall be screened in 9 accordance with section 78 -378. 10 11 (5) -(6) (4)-5) (These subparagraphs shall remain in full force and effect as 12 previously adopted.) 13 14 (Table 36 shall remain in full force and effect as previously adopted.) 15 16 (b) (This subsection shall remain in full force and effect as previously adopted.) 17 18 (c) Existing buildings. The installation of recvclable materials collection areas at 19 existing multifamily dwellings is encouraged. Multifamily dwellings subject to substantial 20 renovation shall provide the materials collection areas as PFevided se f h herein. The 21 growth management director, or designm may authorize the use of existing parking 22 spaces as a locations for collection areas. Reduction of the parking for this purpose 23 shall not require a variance. 24 25 (d) Nonresidential recyclable materials storage areas. From the effective date of this 26 section, all new nonresidential developments and major re- development of 27 nonresidential projects shall provide storage and collection areas for recvclable 28 materials in accordance with sections 78 -378 and 78 -379 30 SECTION 4. All ordinances or parts of ordinances in conflict be and the same 31 are hereby repealed. 32 33 SECTION 5. Should any section or provision of this Ordinance or any portion 34 thereof, any paragraph, sentence, or word be declared by a Court of competent 35 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 36 this Ordinance. 37 38 SECTION 6. Specific authority is hereby granted to codify this Ordinance. 39 40 SECTION 7. This Ordinance shall take effect immediately upon adoption. 41 42 43 44 45 46 Page 4 of 5 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 13, 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 ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney G: \attorney_share \ORDINANCES\2010 \ordinance 13 2010 Dumpster.docx Page 5 of 5 MIIZ� CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 16, 2010 Ordinance: 20, 2010 Subject/Agenda Item: Ordinance 20, 2010, amending the City of Palm Beach Gardens Firefighters' Retirement Trust Fund [X] Recommendation to APPROVE [ ] Recommendation to DENY ReviMttor Originating Dept.: Costs: $ -0- Council Action: Finance (Total) City [ ]Approved $ -0- [ ]Approved w/ Current FY conditions [ ] Denied Finance Administrator Funding Source: [ ] Continued to: Advertised: Attachments: Date: 9/1/2010 [ ] Operating Paper: Palm Beach [ ] Other • Ordinance 20, Post 2010 • Actuarial impact N/A statement [ ] Not Required Submitted by: Department Director Affected part' Notified Budget Acct. #: N/A Appro b - [ ] Not required City n er Meeting Date: September 16, 2010 Ordinance: 20, 2010 Page 2 of 3 BACKGROUND: In order to incorporate changes to the State law enacted by Chapter 2009 -97, and recent changes to State statutes in order to maintain eligibility for receipt of State Premium Tax Money, the Firefighters' Retirement Trust Fund is requesting certain amendments to their plan. These proposed plan changes are summarized as follows: 1. Section 38 -53 Board of trustees is amended to extend the term of office for trustees from two to four years. 2. Section 38 -54 Finances and fund management is amended as follows: a. Allow the Fund to increase its allocation for investment in foreign securities from 10% of total assets to 25% at cost. b. Allow for the investment in group trusts meeting IRS requirements stated in Ruling 81 -100. c. Provides for divestiture of portfolio holdings in certain "scrutinized companies" as defined in Florida Statutes, Section 215.473. 3. Section 38 -57 Pre - retirement death is amended to provide benefits to beneficiaries of a member who dies after January 1, 2007 while performing military service as if the member had resumed employment prior to death and died in employment. 4. Section 38 -60 Optional forms of benefits designated survivor up to twice after retirement. borne by the retiree. Please note, as discussed the following sentence has been added at the request of the Plan attorney: "Any costs calculation of the benefit shall be borne by additional language. is amended to allow changes to Any increase in actuarial liability is at the first reading of the ordinance, end of Section 38- 60(1)b, at the associated with the actuarial the member ". Staff supports this 5. Section 38 -68 Repeal or termination of system is amended to require local employer financial support until all non - forfeitable benefits are funded. At such time, the funds shall be appropriated and distributed as per the provisions of Section 175.361, Florida Statutes. 6. Section 38 -69 Exemption from execution, non - assignability has been modified to allow for payments to third parties for insurance premiums at the request of retirees pursuant to Florida Statutes. These proposed amendments have been reviewed by Mr. Brad Armstrong, ASA, MAAA, EA of the actuarial firm Gabriel Roeder Smith & Company. In his opinion letter dated March 10, 2010 (copy attached), Mr. Armstrong states that the effect of the proposed amendments on contributions and obligations is de minimis. Meeting Date: September 16, 2010 Ordinance: 20, 2010 Page 3 of 3 In addition to the above changes, the Board had also requested that Section 38 -56 Benefit amounts and eligibility be amended to allow current and future members of the Deferred Retirement Option Plan (DROP) to make a one -time irrevocable election to credit a guaranteed 3% annually to their account, effective retro - actively to February 1, 2009. Under the current language of the Plan, DROP participants shall have their account credited or debited at the rate of return earned by the Plan as a whole. As an alternative, they may elect to have their account invested in a money market fund as may be made available from time to time by the Board. Their account shall then be credited at the net rate of return earned by such money market fund. As discussed at the first reading of the ordinance, staff believes that this requested change could place unnecessary additional financial strain on the fund. If the fund experiences returns less than 3% during the period of time a participant is in the DROP, the guaranteed return on DROP accounts must be made up by additional employer contributions. As an example, for the four year period ended September 30, 2004, the Plan experienced a negative return of - 1.26 %. This requested modification is not required by State Statutes, and, in these trying economic times, any potential additional costs should be avoided. Therefore, staff is not recommending any changes to the current DROP provisions. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 20, 2010 on second and final reading. 1 ORDINANCE 20, 2010 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, AMENDING CHAPTER 38. FIRE PREVENTION 6 AND PROTECTION. BY REPEALING SUBSECTIONS 38- 53(1), 38- 7 54(6), 38- 60(1)b, SECTIONS 38 -68 AND 38 -69 AND READOPTING 8 SAME, AS REVISED, AND BY ADOPTING NEW SUBSECTION 38- 9 57(2)e IN ORDER TO EXTEND TRUSTEE TERMS FROM TWO 10 YEARS TO FOUR YEARS, TO INCREASE THE CAP OF 11 INTERNATIONAL SECURITY EXPOSURE, TO COMPLY WITH 12 PROTECTING FLORIDA'S INVESTMENT ACT AND TO EXPAND 13 THE ELIGIBLE INVESTMENT VEHICLES, TO COMPLY WITH 14 USERRA FOR PRE - RETIREMENT DEATH BENEFITS, TO ALLOW 15 RETIREES TO CHANGE THE DESIGNATED SURVIVOR UP TO 16 TWO TIMES AFTER RETIREMENT WITHOUT APPROVAL OF THE 17 BOARD OF TRUSTEES AND VERIFICATION OF GOOD HEALTH, 18 TO FULLY FUND NONFORFEITABLE BENEFITS UPON 19 TERMINATION OF THE PLAN, AND TO ALLOW RETIREES TO 20 DIRECT PAYMENT OF CERTAIN INSURANCE PREMIUMS FROM 21 BENEFIT PAYMENTS; PROVIDING A CONFLICTS CLAUSE, A 22 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 23 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24 25 26 WHEREAS, the 2009 Florida Legislature enacted Chapter 2009 -97, Law of 27 Florida, which mandates certain amendments to the City's Firefighters' Pension Plan; 28 and 29 30 WHEREAS, recent changes to State statutes require several amendments to the 31 Plan in order to maintain eligibility for receipt of state premium tax revenues; and 32 33 WHEREAS, the trustees of the City of Palm Beach Gardens Firefighters' Pension 34 Plan have requested and approved such amendments as being in the best interests of 35 the participants and beneficiaries, as well as improving the administration of the Plan; 36 and 37 38 WHEREAS, an amendment to the City Code is necessary to permit such new 39 obligations and conditions, and 40 41 WHEREAS, the City has received and reviewed an actuarial impact statement 42 prepared by the Pension Plan's actuary; and 43 44 WHEREAS, the City Council deems approval of this Ordinance to be in the best 45 interests of the health, safety, and welfare of the residents and citizens of the City of 46 Palm Beach Gardens and the public at large. Page 1 of 10 Ordinance 20, 2010 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. Chapter 38. Fire Prevention and Protection. of the Code of 7 Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 8 38 -53. Board of trustees. by repealing subsection 38 -53(1) and readopting same, as 9 revised; providing that Section 38 -53 shall hereafter read as follows: 10 11 Sec. 38 -53. Board of trustees. 12 13 (1) The sole and exclusive administration of and responsibility for the proper operation 14 of the system and for making effective the provisions of this division are hereby 15 vested in a board of trustees. The board of trustees is hereby designated as the 16 plan administrator. The board of trustees shall consist of five trustees, two of 17 whom, unless otherwise prohibited by law, shall be legal residents of the city, who 18 shall be appointed by the city council, and two of whom shall be members of the 19 system, who shall be elected by a majority of the firefighters who are members of 20 the system. The fifth trustee shall be chosen by a majority of the previous four 21 trustees as provided for herein, and such person's name shall be submitted to the 22 city council. Upon receipt of the fifth person's name, the city council shall, as a 23 ministerial duty, appoint such person to the board of trustees as its fifth trustee. 24 The fifth trustee shall have the same rights as each of the other four trustees 25 appointed or elected as herein provided and shall serve a twe-four -year term 26 unless he sooner vacates the office. Each resident trustee shall serve as trustee 27 for a period of #vie- -four years, unless he sooner vacates the office or is sooner 28 replaced by the city council at whose pleasure he shall serve. Each member 29 trustee shall serve as trustee for a period of two four years, unless he sooner 30 leaves the employment of the city as a firefighter or otherwise vacates his office as 31 trustee, whereupon a successor shall be chosen in the same manner as the 32 departing trustee. Each trustee may succeed himself in office. The board shall 33 establish and administer the nominating and election procedures for each election. 34 The board shall meet at least quarterly each year. The board shall be a legal entity 35 with, in addition to other powers and responsibilities contained herein, the power to 36 bring and defend lawsuits of every kind, nature, and description. 37 38 (2) - (5) (These subsections shall remain in full force and effect as previously enacted.) 39 40 SECTION 3. Chapter 38. Fire Prevention and Protection. of the Code of 41 Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 42 38 -54. Finances and fund management. by repealing subsection (6) and readopting 43 same as revised; providing that Section 38 -54. shall hereafter read as follows: 44 45 46 47 Page 2 of 10 Ordinance 20, 2010 1 Sec. 38 -54. Finances and fund management. 2 3 . 4 5 (1) — (5) (These subsections shall remain in full force and effect as previously enacted.) 6 7 (6) The board shall have the following investment powers and authority: 8 9 a. (This subsection shall remain in full force and effect as previously enacted.) 10 11 b. All monies paid into or held in the fund shall be invested and reinvested by 12 the board and the investment of all or any part of such funds shall be limited to: 13 14 1. Annuity and life insurance contracts with life insurance companies in 15 amounts sufficient to provide, in whole or in part, the benefits to which all of 16 the members in the fund shall be entitled under the provisions of this system 17 and pay the initial and subsequent premium thereon. 18 19 2. Time or savings accounts of a national bank, a state bank insured by the 20 bank insurance funds or a savings /building and loan association insured by 21 the Savings Association Insurance Fund which is administered by the Federal 22 Deposit Insurance Corporation or a state or federal chartered credit union 23 whose share accounts are insured by the National Credit Union Share 24 Insurance Fund. W 26 3. Obligations of the United States or obligations guaranteed as to principal 27 and interest by the government of the United States or by an agency of the 28 government of the United States. 29 30 4. Bonds issued by the State of Israel. 31 32 5. Stocks, commingled funds administered by national or state banks, 33 mutual funds and bondsi or other evidences of indebtedness, provided that: 34 35 a. Except as provided in subparagraph (b), all individually held 36 securities and all securities in a commingled or mutual fund must be 37 issued or guaranteed by a corporation organized under the laws of the 38 United States, any state or organized territory of the United States, or 39 the District of Columbia. 40 41 b. Up to tea-twenty -five percent on a market value basis of the assets 42 of the fund may be invested in foreign securities. 43 44 45 46 47 Page 3 of 10 Ordinance 20, 2010 c. The board shall not invest more than five percent of its assets in the common stock, capital stock, or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock, and convertible securities at cost exceed 65 percent of the assets of the fund. 6. Up to ten percent of the assets of the fund, at cost, may be invested in real estate investment vehicles, including private placement open end funds, exchange traded funds (ETFs), real estate investment trusts (REITs), mutual funds, annuity funds, and insurance company pooled funds under the group annuity contract as recommended by the financial consultant and approved by the board. 7. In addition, the board may, upon recommendation by the board's investment consultant, make investments in group trusts meeting the requirements of Internal Revenue Service Revenue Rulinq 81 -100 or successor rulings or guidance of similar import. 8. The board shall identify and publicly report any direct or indirect holdings it may have in any scrutinized company, as defined in section 215.473, Florida Statutes, and proceed to sell, redeem, divest, or withdraw all publicly - traded securities it may have in such company beginning January 1, 2010, and shall thereafter be prohibited from purchasing or holding such securities. The divestiture of any such security must be completed by September 30, 2010. In accordance with section 175.071, Florida Statutes, as that section may be amended from time to time, no person may bring any civil, criminal, or administrative action against the board or any employee, officer, director, or advisor of such board based upon the divestiture of any security pursuant to this paragraph. SECTION 4. Chapter 38. Fire Prevention and Protection. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 38 -57. Pre - retirement death. by adopting new subsection (2)e; providing that Section 38 -57 shall hereafter read as follows: Sec. 38 -57. Pre - retirement death. (1) (This subsection shall remain in full force and effect as previously enacted.) (2) Deceased members vested or eligible for retirement. The beneficiary of any member who dies and who, at the date of his death was partially or fully vested or eligible for early or normal retirement, shall be entitled to a benefit as follows: Page 4 of 10 Ordinance 20, 2010 1 a.—d. (These subsections shall remain in full force and effect as previously 2 enacted.) 3 e. In the event a member dies on or after January 1, 2007, while performing 4 USERRA Qualified Military Service, the beneficiaries of the member are entitled to 5 any benefits (other than benefit accruals relating to the period of qualified military 6 service) as if the member had resumed employment and then died while 7 employed. 8 9 SECTION 5. Chapter 38, Fire Prevention and Protection of the Code of 10 Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 11 38 -60. Optional forms of benefits. by repealing Section 38- 60(1)b and readopting same 12 as revised; providing that Section 38 -60 shall hereafter read as follows: 13 14 Sec. 38 -60. Optional forms of benefits. 15 16 (1) In lieu of the amount and form of retirement income payable in the event of normal 17 or early retirement as specified herein, a member, upon written request to the board, 18 may elect to receive a retirement income or benefit of equivalent actuarial value payable 19 in accordance with one of the following options: 20 21 a. (This subsection shall remain in full force and effect as previously enacted.) 22 23 b. A retirement income of a modified monthly amount, payable to the retiree 24 during the lifetime of the retiree and following the death of the retiree, 100 25 percent, 75 percent, 66 2/3 percent} or 50 percent of such monthly amount 26 payable to a joint pensioner for his lifetime. Except where the retiree's joint 27 pensioner is his spouse, the present value of payments to the retiree shall not 28 be less than 50 percent of the total present value of payments to the retiree 29 and his joint pensioner. A retired member may change his or her desig nq ated 30 survivor up to two times without the approval of the board or the current 31 designated survivor. The retiree member need not provide proof of the _good 32 health of the designated survivor being removed and the designated survivor 33 being removed need not be living. The amount of the retirement income 34 payable to the member upon the designation of a new designated survivor or 35 joint pensioner shall be actuarially recalculated taking into account the age 36 and sex of the former designated survivor or joint pensioner, the new 37 designated survivor or joint pensioner, and the member, with the new benefit 38 being actuarially equivalent to the original benefit. Each such designation 39 shall be made in writing and filed with the board of trustees. Any costs 40 associated with the actuarial calculation of the benefit shall be borne by the 41 member. 42 43 c.—d. (These subsections shall remain in full force and effect as previously 44 enacted.) 45 (2) —(7) (These subparagraphs shall remain in full force and effect as previously 46 enacted.) Page 5 of 10 Ordinance 20, 2010 1 SECTION 6. Chapter 38. Fire Prevention and Protection. of the Code of 2 Ordinances of the City of Palm Beach Gardens, Florida is hereby amended by repealing 3 Section 38 -68. Repeal or termination of system. and readopting same, as revised; 4 providing that Section 38 -68 shall hereafter read as follows: 5 6 Sec. 38 -68. Repeal or termination of system. 7 8 In the event of termination or partial termination of the plan, each participant's accrued 9 pension benefit shall become nonforfeitable (100 percent vested). The board shall 10 determine the date of distribution and the asset value required to fund all of the 11 nonforfeitable benefits. The board shall inform the city, or then - current fund sponsor, if 12 additional assets are required, in which event, the city, or then current fund sponsor, 13 shall continue to financially support the retirement plan until all nonforfeitable benefits 14 have been fully funded. At such time, the funds shall be appropriated and distributed in 15 accordance with the provisions of section 175.361, Florida Statutes. 16 17 , and subsequent eFdinaRGes 18 , *R wh0le 19 9F iA paFtj 20 9F Fepealed iR its appfiGatiOR to any persen benefiting heFeundeF, the amount of benefits 21 whiGh at the t*riqe of any 6UGh ,,,{��,� amendment, or repeal shall have aGGFued tG 22 the FneFgbeF OF bGT7� e-a#eGted theFeby, eii{7 23 as6ets ef the fund may be deteFmined to be inadequa 24 25 26 , 27 , 28 , 29 admunosteF the syste danre with the PMV066GAR of thi6 divirion, 30 benefit of the then membeFro, any benefffiGiaries then DtffiFeFnent allewaR%6, 31 32 in this dive6ion who aFe deGigRated by any of 6aid membeFs. lR the event Gf Fepe , 33 , 34 , 35 36 t9 pFeVide benefits on a prepeFtienate basis to the peFSOAS 69 entitled on aGGqFda 37 with the PFOY86ions theFeef. 38 39 40 , OF if 41 42 determined by the beard. 43 44 45 disability benefit heFeundeF On suGh date, 46 , Page 6 of 10 Ordinance 20, 2010 Page 7 of 10 i-ei a-- - e - -- -me Page 7 of 10 ilijm 1 • - - - - III If 11- • - - - - •- - - - - - - - ME WIM • mr I �• I I - - - - - - - - - - - - - Page 7 of 10 Ordinance 20, 2010 1 2 3 4 5 if, fi establishing this system, the system shall be teRniMated or the full ruFrent GG6Et6 of the 7 , 8 Gity GeAtFibUtieRS whiGh may be ussed for the beRefit of any one of the 225 highest paid 9 FnembeFG on the effective date, 10 by the Gity'S 12 , 13 eaFRORgs duFang his last five yeaF6 of seWiGe by the nurnbeF of years Of 6eFver--P- sing-e- the 14 effeGtiVe date. IR the eveRt that it shall heFeafteF be deteFmined by statute, GGUFt 15 otherwise, that the 16 17 , 18 ##�........ . 19 20 (4) AfteF all the vested and aGGFUed beRefits pFevided heareundeF have been paid a 21 afteF all etheF liabilities have been satisfied, then and eRly theR shall a 49 22 23 24 SECTION 7. Chapter 38. Fire Prevention and Protection. of the Code of 25 Ordinances of the City of Palm Beach Gardens, Florida is hereby amended by repealing 26 Section 38 -69. Exemption from execution, non - assignability. and readopting same, as 27 revised; providing that Section 38 -69 shall hereafter read as follows: 28 29 Sec. 38 -69. Exemption from execution, non - assignability. 30 31 Except as otherwise provided by law, the pensions, annuities, or any other benefits 32 accrued or accruing to any person under the provisions of this division and the 33 accumulated contributions and the cash securities in the fund created under this division 34 are hereby exempted from any state, county, or municipal tax and shall not be subject 35 to execution, attachment, garnishment, or any legal process whatsoever and shall be 36 unassignable; except the recipient of any monthly benefit may authorize the board of 37 trustees to withhold from the monthly benefit those funds necessary to pay for the 38 benefits being received through the city, to pay the certified bargaining agent of the city, 39 and to make any payments for child support or alimony. Further, the recipient of any 40 monthly benefit may authorize the board of trustees, upon written request, to withhold 41 from the monthly benefit those funds necessary to pay for accident, health, and lonq- 42 term care insurance premiums for the recipient, the recipient's spouse, and the 43 recipient's dependents. The pension fund shall not incur any liability for participation in 44 such permissive program if its action is taken in good faith. 45 46 47 Page 8 of 10 Ordinance 20, 2010 1 SECTION 8. Codification of this Ordinance is hereby authorized and directed. 2 3 SECTION 9. All Ordinances or parts of Ordinances in conflict herewith be and 4 the same are hereby repealed. 5 6 SECTION 10. Should any section or provision of this Ordinance or any portion 7 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 8 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 9 10 SECTION 11. This Ordinance shall take effect immediately upon adoption. 11 12 13 14 (The remainder of this page intentionally left blank) 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 Page 9 of 10 Ordinance 20, 2010 1 PASSED this day of , 2010, upon first reading. 2 3 PASSED AND ADOPTED this day of 2010, upon 4 second and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 10 BY: 11 David Levy, Mayor 12 13 14 Robert G. Premuroso, Vice Mayor 15 16 17 Joseph R. Russo, Councilmember 18 19 20 Eric Jablin, Councilmember 21 22 23 24 25 26 ATTEST: 27 28 29 BY: 30 Patricia Snider, CMC, City Clerk 31 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Max Lohman, City Attorney 39 40 41 42 43 44 45 46 47 GAattorney_ share \0RDINANCES\2010\ordinance 20 2010 - fire pension changes - final.docx Page 10 of 10 CITY OF PALM BEACH GARDENS FIREFIGHTERS' PENSION FUND ACTUARIAL COST ESTIMATE —MARCH 10, 2010 Data and Actuarial Assumptions The data and actuarial assumptions used for the cost estimate were the same as used for the September 30, 2008 actuarial valuation. Description of Proposed Ordinance Changes Amendments to the Firefighters' Pension Fund: • Section 38 -53 is amended to extend the term of office for Trustees from 2 to 4 years. • Section 38 -54 is amended to allow the Fund to increase its allocation for investment in foreign securities from 10% of the total assets to 25% at cost. • Section 38 -54 also allows the board to invest in group trusts meeting IRS requirements stated in Ruling 81 -100. • Section 38 -54 also provides for the divestiture of portfolio holdings in certain "scrutinized companies" as defined in Florida Statutes, Section 215.473. • Section 38 -56 is amended to allow current and future members of the DROP to make a one- time irrevocable election to credit 3% annually to their account. Effective February 1, 2009. • Section 38 -57 provides benefits to beneficiaries of a member who dies after January 1, 2007 while performing military service as if the member had resumed employment prior to death and died in employment. • Section 38 -60 allows changes to designated survivor up to twice after retirement without proof of health or life. Any increase in actuarial liability is borne by the retiree. • Section 38 -68 is amended to require local employer financial support until all non - forfeitable benefits are funded. • Section 38 -69 allows a retiree to direct deductions for insurance premiums. Contribution Implications of the Ordinance Changes The effect of the proposed changes on contributions and obligations is de minimis. d�4_ 10 eA_R7_ - Brad Lee Armstrong, ASA, MAAA, EA [08 -5614] Gabriel Roeder Smith & Company CITY OF PALM BEACH GARDENS FIREFIGHTERS' PENSION FUND IMPACT STATEMENT —MARCH 10, 2010 Description of Ordinance Changes Amendments to the Firefighters' Pension Fund: • Section 38 -53 is amended to extend the term of office for Trustees from 2 to 4 years. • Section 38 -54 is amended to allow the Fund to increase its allocation for investment in foreign securities from 10% of the total assets to 25% at cost. • Section 38 -54 also allows the board to invest in group trusts meeting IRS requirements stated in Ruling 81 -100. • Section 38 -54 also provides for the divestiture of portfolio holdings in certain "scrutinized companies" as defined in Florida Statutes, Section 215.473. • Section 38 -56 is amended to allow current and future members of the DROP to make a one- time irrevocable election to credit 3% annually to their account. Effective February 1, 2009. • Section 38 -57 provides benefits to beneficiaries of a member who dies after January 1, 2007 while performing military service as if the member had resumed employment prior to death and died in employment. • Section 38 -60 allows changes to designated survivor up to twice after retirement without proof of health or life. Any increase in actuarial liability is borne by the retiree. • Section 38 -68 is amended to require local employer financial support until all non - forfeitable benefits are funded. • Section 38 -69 allows a retiree to direct deductions for insurance premiums. Funding Implications of Amendments An actuarial cost estimate for the amendment is attached. Certification of Administrator The actuary has been furnished with a description of the Ordinance changes. I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X, of the Constitution of the State of Florida. Administrator City of Palm Beach Gardens Firefighters' Pension Fund Gabriel Roeder Smith & Company CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 16, 2010 Ordinance 22, 2010 Subject/Agenda Item: Second Reading of Ordinance 22, 2010 Amending Chapter 14. Animals. of the City Code of Ordinances by Creating a New Article III. entitled Dog - Friendly Dining. [X] Recommendation to APPROVE [ ] Recommendation to DENY ., Review w Originating Dept.: Costs: $N /A Council Action: City Attorney (Total) Cit Attorney [ ] Approved $N /A [ ] Approved w/ Current FY conditions Finance Administrator N' [ ]Denied Advertised: Funding Source: [ ] Continued to: Attachments: Community Services Date: September 1, 2010 [ ] Operating Paper: PB Post [ ] Other • Ordinance 22, 2010 a Dog - Friendly Dining d [ ] Not Required Permit Application Submitted b: w y City Attorney :Nco ffeted p ti fied Budget Acct. #: [ ] None Approv y City Mana er [ x ] Not required Meeting Date: August 19, 2010 Ordinance 22, 2010 Page 2 of 2 BACKGROUND: Chapter 509, Florida Statutes, requires the State of Florida Division of Hotels and Restaurants (the "Division ") of the Department of Business and Professional Regulation (the "Department ") to carry out all laws and rules relating to the inspection and regulation of public food service establishments for the purpose of safeguarding the public health, safety, and welfare. Section 509.032, Florida Statutes, requires the Division to adopt and enforce such rules as are necessary to ensure the protection of the public from food -borne illness in public food service establishments. Pursuant to the grant of rulemaking authority cited in Section 509.032, Florida Statutes, the Division has adopted by rule sanitation and safety requirements of public food service establishments, including requirements relating to physical facilities, which adopts by reference certain portions of the Food and Drug Administration Food Code (the "Food Code "), as amended from time to time, as developed by the Food and Drug Administration of the United States Department of Health and Human Services. It is the purpose of this Ordinance to take advantage of the local exemption authorized by Section 509.233, Florida Statutes, by permitting public food service establishments in the City of Palm Beach Gardens, subject to the terms of this Ordinance, to become exempt from certain portions of the Food Code, as adopted by the Division, in order to allow patrons' dogs within certain designated outdoor portions of their respective establishments, which establishments must have a permit issued by the City to allow such "doggie dining ". The specifics of the permit process are included in the Ordinance. A copy of the permit is attached. STAFF RECOMMENDATION: Staff recommends adoption of Ordinance 22, 2010 on second and final reading. Ordinance 22, 2010 1 ORDINANCE 22, 2010 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 14. ANIMALS. 6 OF THE CODE OF ORDINANCES BY CREATING A NEW ARTICLE 7 III. ENTITLED "DOG- FRIENDLY DINING ", IN ORDER TO 8 ESTABLISH A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF 9 GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC 10 FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT 11 PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR 12 PORTIONS OF SUCH ESTABLISHMENTS PURSUANT TO 13 SECTION 509.233, FLORIDA STATUTES; PROVIDING THAT EACH 14 AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 15 14. ANIMALS. SHALL REMAIN IN FULL FORCE AND EFFECT AS 16 PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A 17 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 18 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 19 20 21 WHEREAS, Chapter 509, Florida Statutes, requires the State of Florida Division 22 of Hotels and Restaurants (the "Division ") of the Department of Business and 23 Professional Regulation (the "Department ") to carry out all laws and rules relating to the 24 inspection and regulation of public food service establishments for the purpose of 25 safeguarding the public health, safety, and welfare; and 26 27 WHEREAS, Section 509.013(5), Florida Statutes, defines "public food service 28 establishment" as "any building, vehicle, place, or structure, or any room or division of a 29 building, vehicle, place, or structure, where food is prepared, served, or sold for 30 immediate consumption on or in the vicinity of the premises; called for or taken out by 31 customers; or prepared prior to being delivered to another location for consumption "; 32 and 33 34 WHEREAS, Section 509.032, Florida Statutes, requires the Division to adopt and 35 enforce such rules as are necessary to ensure the protection of the public from food - 36 borne illness in public food service establishments; and 37 38 WHEREAS, Section 509.032, Florida Statutes, further requires the Division to 39 adopt such rules in order to "provide the standards and requirements for obtaining, 40 storing, preparing, processing, serving, or displaying food in public food service 41 establishments, approving public food service establishment plans, conducting 42 necessary public food service establishment inspections for compliance with sanitation 43 regulations, cooperating and coordinating with the Department of Health in 44 epidemiological investigations, and initiating enforcement actions, and for other such 45 responsibilities deemed necessary by the Division "; and 46 Page 1 of 7 Ordinance 22, 2010 1 WHEREAS, pursuant to the grant of rulemaking authority cited in Section 2 509.032, Florida Statutes, the Division has adopted by rule sanitation and safety 3 requirements of public food service establishments, including requirements relating to 4 physical facilities, which adopts by reference certain portions of the Food and Drug 5 Administration Food Code (the "Food Code "), as amended from time to time, as 6 developed by the Food and Drug Administration of the United States Department of 7 Health and Human Services; and 8 9 WHEREAS, the Food Code generally prohibits live animals from public food 10 service establishments; and 11 12 WHEREAS, Section 509.032(7), Florida Statutes, expressly preempts to the 13 state regulation of public lodging establishments and public food service establishments 14 for compliance with the sanitation standards adopted by the Division; and 15 16 WHEREAS, Section 509.032(7), Florida Statutes, expressly limits the general 17 home rule powers of local governments as it relates to the regulation of public food 18 service establishments; and 19 20 WHEREAS, it is the purpose of this Ordinance to take advantage of the local 21 exemption authorized by Section 509.233, Florida Statutes, by permitting public food 22 service establishments in the City of Palm Beach Gardens, subject to the terms of this 23 Ordinance, to become exempt from certain portions of the Food Code, as adopted by 24 the Division, in order to allow patrons' dogs within certain designated outdoor portions of 25 their respective establishments; and 26 27 WHEREAS, recognizing that the animal subspecies Canis lupus familiaris has, 28 since time immemorial, demonstrated a unique capacity for loyalty, devotion, love, 29 friendship, compassion, and service to humankind, and has earned the colloquial 30 sobriquet of "Man's Best Friend "; and 31 32 WHEREAS, the City Council of the City Palm Beach Gardens, Florida hereby 33 finds and determines that this Ordinance is in the best interest of the public health, 34 safety, and welfare, and is consistent with the applicable provisions of the City's Code of 35 Ordinances. 36 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 39 OF PALM BEACH GARDENS, FLORIDA that: 40 41 SECTION 1. Chapter 14. Animals. of the Code of Ordinances of the City of Palm 42 Beach Gardens, Florida is hereby amended by adopting a new Article III. entitled "Dog - 43 Friendly Dining ", providing that Article III. shall hereafter read as follows: 44 45 46 Page 2 of 7 Ordinance 22, 2010 1 ARTICLE III. DOG - FRIENDLY DINING 2 3 Sec. 14 -37. Purpose and Intent; Program Created; Definitions. 4 5 a The purpose and intent of this section is to implement the local exemption 6 established by Section 509.233, Florida Statutes (2009), by permitting public food 7 service establishments within the City of Palm Beach Gardens, Florida, subject to 8 the terms and conditions contained herein, to become exempt from certain portions 9 of the United States Food and Drug Administration Food Code, as amended from 10 time to time, and as adopted by the State of Florida Division of Hotels and 11 Restaurants of the Department of Business and Professional Regulation, in order to 12 allow patrons' dogs within certain designated outdoor portions of their respective 13 establishments. 14 15 (b) Pursuant to Section 509.233(2), Florida Statutes, there is hereby created in the 16 City of Palm Beach Gardens, Florida a local exemption procedure to certain 17 provisions of the United States Food and Drug Administration Food Code, as 18 amended from time to time and as adopted by the State of Florida Division of Hotels 19 and Restaurants of the Department of Business and Professional Regulation, in 20 order to allow patrons' dogs within certain designated outdoor portions of public food 21 service establishments, which exemption procedure may be known as the City of 22 Palm Beach Gardens Dog - Friendly Dining Program. 23 24 (c) As used in Article III. hereof: 25 26 1. "Division" means the Division of Hotels and Restaurants of the State of 27 Florida Department of Business and Professional Regulation. 28 29 2. "Dog" means an animal of the subspecies Canis lupus familiaris. 30 31 3. "Outdoor area" means an area adjacent to a public food service 32 establishment that is predominantly free of physical barriers on at least three 33 (3) sides but may be covered from above. 34 35 4. "Patron" has the meaning given to "guest" by Section 509.013, Florida 36 Statutes. 37 38 5. "Public food service establishment" has the meaning given it by Section 39 509.013, Florida Statutes. 40 41 6. "Business Services Coordinator" means the city employee responsible for 42 the collection and coordination of all matters relating to city business tax 43 imposed pursuant to Chapter 205, Florida Statutes. 44 45 46 Page 3 of 7 Ordinance 22, 2010 Sec. 14 -38. _Permit Required; Submittals. 3 (a) In order to protect the health, safety, and general welfare of the public, a public 4 food service establishment is prohibited from having any dog on its premises unless 5 it possesses a valid permit issued in accordance with this section. 7 (b) Applications for a permit under this section shall be made to the Business 8 Services Coordinator, on a form provided for such purpose by the Business Services 9 Coordinator, and shall include, along with any other such information deemed 10 reasonably necessary by the Business Services Coordinator in order to implement 11 and enforce the provisions of this section, the following: 12 13 1. The name, location, and mailing address of the subject public food service 14 establishment. 15 16 2. The name, mailing location, and telephone contact information of the 17 permit applicant. 18 19 3. A diagram and description of the outdoor area to be designated as 20 available to patrons' dogs, including dimensions of the designated area; a 21 depiction of the number and placement of tables, chairs, and restaurant 22 equipment, if any; the entryways and exits to the designated outdoor area; the 23 boundaries of the designated area and of any other areas of outdoor dining not 24 available for patrons' dogs; any fences or other barriers; surrounding property 25 lines and public rights -of -way, including sidewalks and common pathways; and 26 such other information reasonably required by the Business Services 27 Coordinator. The diagram or plan shall be accurate and to scale but need not 28 be prepared by a licensed design professional. 29 30 4. A description of the days of the week and hours of operation that patrons' 31 dogs will be permitted in the designated outdoor area. 32 33 5. All application materials shall contain the appropriate Division - issued 34 license number for the subiect public food service establishment. 35 36 Sec. 14.39. General Regulations; Cooperation; Enforcement. 37 38 (a) In order to protect the health, safety, and -general welfare of the public, and 39 pursuant to Section 509.233, Florida Statutes, all permits issued pursuant to this 40 section are subiect to the following requirements: 41 42 1. All public food service establishment employees shall wash their hands 43 promptly after touching, petting, or otherwise handling any dog. Employees 44 shall be prohibited from touching, petting, or otherwise handling any dog while 45 serving food or beverages or handling tableware or before entering other parts 46 of the public food service establishment. Page 4 of 7 4 Ordinance 22, 2010 2. Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. 3. Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. 9 4._ Patrons shall keep their dogs on a leash at all times and shall keep their 10 dogs under reasonable control. 11 12 5. Dogs shall not be allowed on chairs, tables, or other furnishings. 13 14 6. All table and chair surfaces shall be cleaned and sanitized with an 15 approved product between seating of_ patrons, Spilled food and drink shall be 16 removed from the floor or ground between seating of patrons. 17 18 7. Accidents involving dog waste shall be cleaned immediately and the area 19 sanitized with an approved product. A kit with the appropriate materials for this 20 purpose shall be kept near the designated outdoor area. 21 22 8. At least one sign reminding employees of the applicable rules, including 23 those contained in this section, and those additional rules and regulations, if 24 any, included as additional conditions of the Permit by the Business Services 25 Coordinator, shall be posted in a conspicuous location frequented by 26 employees within the public food service establishment. The mandatory sign 27 shall be not less than eight and one -half inches in width and eleven inches in 28 height (8 %2 x 11) and printed in easily - legible typeface of not less than twenty 29 (20) point font size. 30 31 9. At least one sign reminding patrons of the applicable rules, including those 32 contained in this section, and those additional rules and regulations, if any, 33 included as additional conditions of the permit by the Business Services 34 Coordinator, shall be posted in a conspicuous location within the designated 35 outdoor portion of the public food service establishment. The mandatory sign 36 shall be not less than eight and one -half inches in width and eleven inches in 37 height (8 % x 11) and printed in easily - legible typeface of not less than twenty 38 (20) point font size. 39 40 41 42 43 44 45 46 47 Page 5of7 Ordinance 22, 2010 1 10. At all times while the designated outdoor portion of the public food service 2 establishment is available to patrons and their dogs, at least one sign shall be 3 posted in a conspicuous and public location near the entrance to the 4 designated outdoor portion of the public food service establishment, the 5 purpose of which shall be to place patrons on notice that the designated 6 outdoor .Portion of the public food service establishment is currentiv available to 7 patrons accompanied by their dog or dogs. The mandatory sign shall be not 8 less than eight and one -half inches in width and eleven inches in height (8 Y2 x 9 11) and printed in easily - legible typeface of not less than twenty (20) point font 10 size. 11 12 11. Dogs shall not be permitted to travel through indoor or undesignated 13 outdoor portions of the public food service establishment, and ingress and 14 egress to the designated outdoor portions of the public food service 15 establishment shall not require entrance into or passage through any indoor or 16 undesignated outdoor portion of the public food service establishment. 17 18 (b) A permit issued pursuant to this section shall not be transferred to a 19 subsequent owner upon the sale or transfer of a public food service establishment, 20 but shall expire automatically upon such sale or transfer. The subsequent owner 21 shall be required to reapply for a permit pursuant to this section if such owner wishes 22 to continue to accommodate patrons' dogs. 23 24 (c) In accordance with Section 509.233(5), Florida Statutes, the Business Services 25 Coordinator shall accept and document complaints related to the Dog- Friendly 26 Dining Program within the City of Palm Beach Gardens, Florida, and shall timely 27 report to the Division all such complaints and the City's enforcement response to 28 such complaint. The Business Services Coordinator shall also timely provide the 29 Division with a copy of all approved applications and permits issued pursuant to this 30 section. 31 32 (d) Any public food service establishment that fails to comply with the requirements 33 of this section of the City of Palm Beach Gardens Code of Ordinances shall be 34 subject to any and all enforcement proceedings consistent with the applicable 35 provisions of this Code of Ordinances and general law. 36 37 SECTION 2. All ordinances or parts of ordinances in conflict be and the same are 38 hereby repealed. 39 40 SECTION 3. Should any section or provision of this Ordinance or any portion 41 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 42 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 43 44 SECTION 4. Specific authority is hereby given to codify this Ordinance. 45 46 SECTION 5. This Ordinance shall become effective immediately upon adoption. 47 Page 6 of 7 Ordinance 22, 2010 1 PASSED this day of , 2010, upon first reading. 2 3 PASSED AND ADOPTED this day of 2010, upon 4 second and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR 8 9 10 BY: 11 David Levy, Mayor 12 13 14 Robert G. Premuroso, Vice Mayor 15 16 17 Joseph R. Russo, Councilmember 18 19 20 Eric Jablin, Councilmember 21 22 23 24 25 ATTEST: 26 27 28 BY: 29 Patricia Snider, CMC, City Clerk 30 31 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY 34 35 36 BY: 37 R. Max Lohman, City Attorney 38 39 40 41 42 43 44 45 46 47 G:\attomey_ share \ORDINANCES\2010 \ordinance 22 2010 - doggy dining - final.doc Page 7 of 7 AGAINST ABSENT City of Palm Beach Gardens Business Services 10500 N Military Trail Palm Beach Gardens FL 33410 (561) 799 -4216- phone (561) 799 -4281- fax www.pbgfl.com Doe- Friendly Dining General Regulations All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog. Employees shall be prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or handling tableware or before entering other parts of the public food service establishment. 2. Patrons in the designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. 3. Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. 4. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. Dogs shall not be allowed on chairs, tables, or other furnishings. 6. All table and chair surfaces shall be cleaned and sanitized with an approved product between the seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons. 7. Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area. 8. At least one sign reminding employees of the applicable rules, including those contained in this section, and those additional rules and regulations, if any, included as additional conditions of the permit by the Business Services Coordinator, shall be posted in a conspicuous location frequented by employees within the public food service establishment. The mandatory sign shall be not less than eight and one -half inches in width and eleven inches in height (8 '/2 x 11) and printed in easily - legible typeface of not less than twenty (20) point font size. 9. At least one sign reminding patrons of the applicable rules, including those contained in this section, and those additional rules and regulations, if any, included as additional conditions of the permit by the Business Services Coordinator, shall be posted in a conspicuous location within the designated outdoor portion of the public food service establishment. The mandatory sign shall be not less than eight and one -half inches in width and eleven inches in height (8 % x 11) and printed in easily - legible typeface of not less than twenty (20) point font size. 10. At all times while the designated outdoor portion of the public food service establishment is available to patrons and their dogs, at least one sign shall be posted in a conspicuous and public location near the entrance to the designated outdoor portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the public food service establishment is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than eight and one -half inches in width and eleven inches in height (8' /z x 11) and printed in easily - legible typeface of not less than twenty (20) point font size. 11. Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment. A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment, but shall expire automatically upon such sale or transfer. The subsequent owner shall be required to reapply for a permit pursuant to this section if such owner wishes to continue to accommodate patrons' dogs. Date Business Name Business Location City Mailing Address (if different) CITY OF PALM BEACH GARDENS BUSINESS SERVICES 10500 N MILITARY TRAIL PALM BEACH GARDENS FL 33410 (561) 799 -4162- voice (561)799- 4281 -fax www.pbafl.com State Zip Code City State Zip Code Owner Name Phone Number Days and Hours Dogs will be Permitted in Designated Areas Palm Beach Gardens Business Tax Receipt Number State License Number I certify that I have read the application, and the statements contained herein are true and correct to the best of my knowledge. By signing this application, I acknowledge that I have received the regulations regarding Dog - Friendly dining. I further understand that failure to comply with the requirements for this permit shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the Palm Beach Gardens City Code and general law. If found in violation, I may be subject to daily fines per Chapter 162, Florida Statutes. Owner Signature Date Print Name ** THE FOLLOWING DOCUMENTATION MUST BE INCLUDED WITH THIS APPLICATION ** I. Diagram and description of the designated outdoor area including: Dimensions, layout of tables, chairs, and other restaurant equipment, entryways and exits, fences and barriers, surrounding property lines, streets, and sidewalks 2. Copy of Palm Beach Gardens Business Tax Receipt 3. Copy of state license from the Division of Hotels and Restaurants 4. $175.00 Permit Fee CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 16, 2010 Resolution 61, 2010 SUBJECT /AGENDA ITEM Resolution 61, 2010 Banyan Tree Historical Marker Consideration for Approval: A request for the City Council to authorize a historical marker to be placed on City property identifying the Banyan Tree as having historical significance, and authorize the City Manager to sign a Florida Historical Marker application to the State of Florida. [X] Recommendation to APPROVE I ] Recommendation to DENY R*ohman, id b Originating Dept.: Finance: City Council: Planning and Zoning: Finance [ ] Approval Administrator: [ ] Approval w/ Conditions q. Resource Manage r: [ ] Denial N/A [ ] Continued to: Allan Owens Development Compliance: Allyson Black N/A Bahareh K. Wolfs, AICP Project Manager: Accountant: Direct r of tanning and N/A Zon' Kate Wilson Sarah Varga Attachments: [X] Quasi — Judicial Fees Paid: [X] ❖ Location Map at alie M. Wong, AICP [ ] Legislative N/A ❖ Typical Sign [X] Public Hearing e.- MacArthur Banyan Tree Historic Overlay Budget Acct. #: Protection Zone Advertised: [ ] Required N/A ❖ Historical Marker Application Approved By: of Required ❖ Proposed Marker Text City ger ❖ Resolution 61, 2010 Affected Parties: Ronao M. erris [ ] Notified [X] Not Required Meeting Date: September 16, 2010 Resolution 61, 2010 Page 2 of 4 BACKGROUND The two (2) Banyan Trees located within the median of MacArthur Boulevard, approximately 150 feet north of Northlake Boulevard, are the symbolic entrance to the City of Palm Beach Gardens and have unique history (see attached Location Map). City Founder, John D. MacArthur, had the trees relocated to their current location in the early 1960s. Since this time, they have become an identifying landmark of the City. The first tree dates back to approximately 1881, and was planted on MacArthur Boulevard in April of 1961. The second tree was planted along side the first a couple of years later. The two (2) trees have since intertwined as one. Section 78 -683, City Code of Ordinances sets forth the MacArthur Banyan Tree Historic Overlay Protection Zone, which contains guidelines aimed to protect the historical Banyan Tree (see attached MacArthur Banyan Tree Historic Overlay Protection Zone). The City was approached by the Seminole Chapter of the Daughters of the American Revolution (DAR) seeking to identify the Banyan Tree with a Florida Historical Marker (see attached Historical Marker Application). The Florida Historical Marker Program recognizes historic resources, persons, and events that are significant in the areas of architecture, archaeology, Florida history, and traditional culture by promoting the placing of historic markers and plaques at sites of historical and visual interest to visitors. The purpose of the program is to increase public awareness of the rich cultural heritage of the state and to enhance the enjoyment of historic sites in Florida by its citizens and tourists. The proposed historical marker would be located close to the Banyan Tree and contain a brief history of the tree (see attached Proposed Marker Text) as submitted by the DAR. Section 78- 283(c) requires any signs posted within City property or rights -of -way to receive City Council approval. Since the historical marker is proposed to be located within a public right -of -way, authorization from the City Council is required to move forward. The DAR will bear the responsibility and cost associated with the installation of the historical marker. LAND USE & ZONING The subject site has a Future Land Use designation of Mixed Use (MXD) with a zoning designation of Mixed Use (MXD). Meeting Date: September 16, 2010 Resolution 61, 2010 Page 3 of 4 PROJECT DETAILS Site Details The subject Banyan Tree is located within the median of MacArthur Boulevard, approximately 150 feet north of Northlake Boulevard, and has been located at this site since the early 1960s. Parking The City's parking regulations do not require parking to be provided for historical landmarks. Currently, there are no parking spaces designated for those wishing to view the Banyan Tree; however, there are pedestrian sidewalks on both sides of MacArthur Boulevard around the Banyan Tree. At this time, the exact location of the historical marker has not been determined. The marker could be located within the median near the Banyan Tree or beside the existing sidewalk on one (1) side of the tree. In either circumstance, this petition does not include considerations for public amenities, parking, or crosswalks. The marker is intended to suit pedestrian traffic. However, future accommodations for greater pedestrian access could be achieved through the utilization of funds from the proposed Historical Grant Program. Signage The typical historical marker is 42 inches wide by 30 inches high, and is made of cast aluminum with a dark blue background; letters and Florida Heritage emblem are white. The standard historical marker comes with a seven (7) foot concrete post coated with brushed aluminum (three (3) feet of the post goes into the ground). A one -sided marker (same text on both sides of the marker) is $1,920. Prices vary depending on cost of materials, location where the marker would be shipped, and length of text. Landscaping /Buffering No landscaping is proposed with the subject request. Drainage No changes to the existing drainage are proposed with this petition. HISTORICAL GRANT PROGRAM CONCEPT Staff proposes that a Historical Grant Program be created as a means to encourage and provide financial support for historically- significant projects within the City of Palm Beach Gardens. In 2008, $250,000 was provided to the City by the MacArthur Foundation in support of the City's 50th anniversary celebration. This donation helped fund the MacArthur statue, currently located at City Hall, the 50th Anniversary Festival, and sponsorship for six (6) 2009 City anniversary events. Meeting Date: September 16, 2010 Resolution 61, 2010 Page 4 of 4 Approximately $45,000 is remaining from the total donation, which was approved for a pavilion at Lake Catherine. In discussions with residents and advisory boards, they were not in favor of placing a pavilion at Lake Catherine, but all agreed on a historical concept. Therefore, staff proposes that this remaining $45,000 be used to create a Historical Grant Program to fund projects such as the Historical Marker at the Banyan Tree. Additionally, a grant program could subsidize other sites with historical markers and /or improvements, such as landscaping, hardscaping, or other amenities. The purpose of the program would be to increase awareness and to enhance the enjoyment of historical sites in the City of Palm Beach Gardens for both residents and visitors. In the event Council supports the Historical Grant Program concept, staff will develop specific guidelines and criteria for the program. The finalized program will be brought before Council for final approval and adoption. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 61, 2010 authorizing the City Manager to sign a Florida Historical Marker application to the State of Florida, and seeks Council guidance and direction regarding the concept of the Historical Grant Program. LOCATION MAP Banyan Tree MacArthur Boulevard ta'n•.��`'1 Preservation - Division of Historical Resources Page 1 of 2 Help Us Improve Our Website! ey �ti✓�w n Search Divisic HISTORI`�CAL RESOURCES Keyword ' Go Ar�r r F�g� �ati�Krv�Y��li�a$�c� �ti ari StRC ia�tFs�I�ci�i�!� s & N113tOg@M Markers Florida Historical Markers Program Historical Markers Of Florida Markers List I Marker Types I Aoolications I Markers Home There are two types of Florida Historical Markers, each of which plays a separate role in the of historic resources in Florida. Standard Florida Historical Marker Cast aluminum, text area is 30" high by 42" wide; dark blue background; letters and Florida Heritage white; comes with a 7' concrete post coated with brushed aluminum (three feet of the post goes into tl A one -side marker (same text on both sides of the marker) is $1,920. A two -side marker (text is cont side one to side two) is $2,110. Prices vary depending on cost of materials, location where the marke shipped and length of text. Purpose: This is the principal marker used to recognize historic sites of interest throughout Floi 1 1 30 i 421' a ;r Download the Florida Historical Marker application (2df). Sec. 78 -683. MacArthur Banyan Tree Historic Overlay Protection Zone. (a) Purpose and intent. The MacArthur Boulevard Banyan Tree is actually two trees that have grown together. The trees are located at the entrance to the City of Palm Beach Gardens and have a unique history. City Founder John D. MacArthur had these trees planted at their current location in the early 1960's, and they have become an identifying landmark of the city. The first tree dates back to approximately 1881, and was planted at its current location in April of 1961. The second tree was planted at its current location a couple of years later. The intent of this section is to implement protective measures that preserve and enhance the MacArthur Banyan Tree for current residents and future generations. (b) Protection zone established. The MacArthur Banyan Tree Historic Overlay Protection Zone is hereby established and shall encompass the area located within 200 feet of the drip line of the MacArthur Banyan Tree located in the median of MacArthur Boulevard approximately 150 feet north of Northlake Boulevard. (c) Protection zone guidelines. (1) For the purposes of this section, the term "kill or damage" will include, but not be limited to, the following: a. Killing or removing the MacArthur Banyan Tree (the "tree "); or b. Damaging the body of the tree or its root structure through modifications of existing drainage patterns, water table, road, hydro period, or existing grade; or c. Causing the tree or its branches to come in contact with any structure, vehicle, or utility facility. (2) No clearing or development shall occur within the MacArthur Banyan Tree Historic Overlay Protection Zone unless approved by city council. Applications to clear or develop within the MacArthur Banyan Tree Historic Overlay Protection Zone shall not be considered complete unless submitted with comprehensive analysis, prepared by a duly authorized environmental consultant, arborist or related landscape specialist, detailing the impact of the proposed clearing or development on the MacArthur Banyan Tree. The city may, in its discretion, obtain an independent analysis at the applicant's expense. (3) Pruning of the MacArthur Banyan Tree is prohibited unless expressly authorized by the city. (4) Any activity which kills or damages the MacArthur Banyan Tree, whether intentional or not, shall be considered a violation of this section. Such activity may include, but is not limited to, improvements or maintenance to roads or drainage systems. (5) Road widening shall be prohibited within the MacArthur Banyan Tree Historic Overlay Protection Zone unless it can be demonstrated that such widening will not kill or damage the tree. Any road improvements conducted within the MacArthur Banyan Tree Historic Overlay Protection Zone shall use pervious concrete in the resurfacing of the roadway (unless otherwise approved the city engineer). (6) No utilities (above ground or below ground) shall be permitted above or within the crown of the MacArthur Banyan Tree, or within the root zone of the MacArthur Banyan Tree. (7) Development which occurs within the MacArthur Banyan Tree Historic Overlay Protection Zone shall provide for a substantial gateway design to the entrance of the city at that location, on both sides of MacArthur Boulevard, including, but not limited to, the use of hardscapes and landscaping. (d) Enforcement. The city shall enforce violations of this section by any and all means available. FLORIDA HISTORICAL MARKER APPLICATION HR3E171294 1. Historic Name of Resource Historic Name Historic Banyan Trees marking the entrance to Palm Beach Gardens Suggested Marker Title Historic Banyan Trees - -City of Palm Beach Gardens 2. Location of Resource Street & Number MacArthur Boulevard and Northlake Boulevard City Palm Beach Gardens County Palm Beach Zip Code 33410 3. Property Owner Owner Name City of Palm Beach Gardens Street & Number 10500 North Military Trail City/Town Palm Beach Gardens 4. Classification of Resource State Florida Telephone 561- 799 -4230 Zip Code 33410 Type of Ownership: Type of Resource: Private (Individual) ❑ Public (Local) Q Building ❑ Structure ❑ Private (For Profit) ❑ Public (State) ® District ❑ Object ❑ Private (Non - Profit) ❑ Public (Federal) Site Other Public Access to Site (days of week & hours site available to public (Access to certain parts of the site may be restricted by the property owner) Seven days a week and 24 hours daily S. Marker Type & Category Type of Marker Applied for: Category: 0 Standard Marker ❑■ Florida Heritage Site (Locally Significant) ❑ Florida Heritage Landmark (Regional & Statewide Significance) Is request for a new or replacement marker? New Marker ❑ Replacement ❑ Is resource listed in the National Register of Historic Places? ❑ Yes ■❑ No 6. Resource Description the historic and current physical condition of the Resource. Use continuation sheets if necessary.) John D. MacArthur planted two banyan trees (one 80 years old and one 40 years old) at the entrance of his new city, Palm Beach Gardens. The trees are just north of the intersection of Northlake Boulevard and MacArthur Boulevard in a round -about on MacArthur Boulevard. The trees have been honored and protected as space has been allotted for growth and stabilizing of the root system. The growth of Palm Beach Gardens allows space for the trees with protection from highway expansion. The Palm Beach Gardens City Emblem emphasizes the banyan trees as marking the entrance of the city. The first section is MacArthur Beach. The second represents MacArthur's plaid from his ancestors. The third is the historic Banyan Tree which marks the entrance to the city. The fourth is a picture of a family, illustrating John D. MacArthurs desire to make this City a wonderful place to raise a family. The five stars on the emblem stand for the five council members who will protect the city. 7. Statement of Significance Briefly explain the significance of the Resource. Use continuation sheets if necessary.) See attached sheets. 8. Marker Text Please submit a proposed text for your marker typewritten on a continuation sheet. Text limits for the three types of markers are: • Standard Marker: 19 lines, 1,235 characters (The same text will appear on both sides of the marker.) • Supplementary Marker: 10 lines, 300 characters (Text appears on one side only.) • Heritage Plaque: No more than 50 characters. Information is limited to the name of the historic person and the dates and type of association with resource, e.g., "Claude Pepper Law Office 1925 - 1930" 9. Required Documentation Please submit the following items with the completed form. S TIM C. M- Z'Mrl,y Florida Master Site File Number: Nor APP1146CE M- 714IAttach copy of Site File Form) A Site File Form may be obtained by calling the Master Site File at (850) 245 -6440. Major Bibliographical References Cite and attach pages of books, pamphlets, municipal records, articles and other sources that provided the historical and descriptive information used in preparing this application. Maps A sketch map and site plan showing the location of the resource. Also indicate on the map where the historical marker is to be erected or placed. Photographs Submit at least one recent photograph of the resource to be marked. Photocopies of photographs, drawings and other artistic representations are not acceptable. Please indicate what persons or organizations (if other than the property owner) will be responsible for the erection and maintenance of the Florida Historical Marker or Plaque. (Use continuation sheet if necessary.) Also please Indicate the name, phone number and fax for the individual who conducted the historical research. Town of Palm Beach Gardens, Natalie Wong and Mark Hendrickson, 561 - 799 -4259 Research: Sue Comerford 10. Form Prepared By Name Dr. L. Sue Comerford E -mail: comerfordDRLS @yahool.com Street & Number 301 Plymouth Road Phone /Fax: 561- 585 -9756 City/Town West Palm Beach state FL zip Code 33405 11. Owner Approval Statement As the owner, or the official representative of the owner, of the property, I am aware of and agree to the submission of this application to place an Official Florida Historical Marker or Plaque on my property. Owner signature Title Printed name of owner Date Marker Text: Limit 1,235 characters, 19 lines This document 1,231 characters, 18 lines Twin Banyan Trees with a limb spread of over 300 feet form the entrance to the City of Palm Beach Gardens. Palm Beach Gardens, chartered June 20,1959, was developed on 4,000 acres with homes for 55,000 people by John D. MacArthur. In 1960, two Banyan Trees, one was 80 years old, weighing 75 tons, 60 feet high with a limb spread of 125 feet and its companion tree, slightly smaller at 40 tons were moved to form the entrance. MacArthur traveled with the trees and threw the first shovel of dirt over the roots of the trees. The entire process cost $30,000 and 1008 hours of manpower. MacArthur was delighted with the trees and Life magazine's pictures of the operation. When the community questioned the expense of moving older trees, Mr. MacArthur said, "I can buy anything but age. These trees will be the centerpiece of our entrance, and while we could plant a little one, I wouldn't be around 80 years from now to see it as it should be." These trees remain at the center of MacArthur Boulevard near Northlake Boulevard. The trees are featured on the city shield. In January, 2007, the great - grandson of impressionist artist Pierre - Auguste Renoir, Alexandre Renoir presented a painting to the city which depicts the Gardens Banyan Trees, on display at the city hall. Mr. MacArthur's philosophy continues with strict guidelines for landscaping and aesthetics. The Banyan trees remain standing proudly at the entrance of The City of Palm Beach Gardens as a reminder to us all. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 61, 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO SIGN THE FLORIDA HISTORICAL MARKER APPLICATION AND TO PLACE A HISTORICAL MARKER AT THE BANYAN TREE SITE ON MACARTHUR BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, John D. MacArthur relocated two (2) Banyan Trees to MacArthur Boulevard in the early 1960s; and WHEREAS, in 2003, the City Council adopted the MacArthur Banyan Tree Historic Overlay Protection Zone, which contains guidelines aimed to implement protective measures that preserve and enhance the historical Banyan Trees; and WHEREAS, the City Council wishes to authorize the City Manager to sign the Florida Historical Marker application and to place a historical marker at the Banyan Tree site located within the MacArthur Boulevard right -of -way; and WHEREAS, the City Council of the City of Palm Beach Gardens deems approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby authorizes the City Manager to sign the Florida Historical Marker Application and locate the historical marker within the MacArthur Boulevard right -of -way at the Banyan Tree site. SECTION 3. This Resolution shall take effect immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 61, 2010 PASSED AND ADOPTED this day of , 2010. ATTEST: 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 CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor AYE NAY ABSENT G:\attorney_ share \RESOLUTIONS\2010 \Resolution 61 2010 - banyan tree historical marker.doc 2 1/1214/ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 16, 2010 Resolution 60, 2010 Subject/Agenda Item: Resolution 60, 2010, awarding a contract for property and casualty insurance to Preferred Government Insurance Trust for Fiscal Year 2010/2011 and Fiscal Year 2011/2012. [X] Recommendation to APPROVE [ ] Recommendation to DENY Re ' Originating pt.: Costs: $1,018,538 Council Action: ( FY 2010/2011) Ci Att y [ ] Approved $ N/A [ ]Approved w/ Current FY conditions [ ] Denied Finance Administrator Funding Source: [ ] Continued to: Advertised: Attachments: Date: [X] Operating Paper: [ ] Other ➢ Resolution 60, 2010 ➢ Exhibit "A" [ x ] Not Required Evaluation of Proposals Submitted by: Department Direc r Affected parties ] Notified Budget Acct. #: App b [ ] Not required City a ager Meeting Date: September 16, 2010 Resolution 60, 2010 Page 2 of 4 • BACKGROUND: The City of Palm Beach Gardens has maintained property and casualty insurance with Preferred Government Insurance Trust since October 1, 2002, for the following lines of insurance: ■ Workers' Compensation ■ Commercial Property, including buildings, contents, equipment, and fine arts ■ Commercial General Liability, including law enforcement, paramedic, and public officials liability ■ Business Auto ■ Crime Plan, including employee dishonesty, forgery, and theft In order to secure the most competitive rates for fiscal year 2010/2011, staff solicited proposals for a consultant to prepare a Request for Proposals (RFP) and to evaluate proposals received. Staff issued Quote Request #10 -01 via DemandStar, and awarded an agreement for consulting services on April 9, 2010, to Interisk Corporation for an amount not to exceed $10,000. Interisk Corporation prepared an RFP (which 81 -page document is on file in the City Clerk's office) which was published in the Palm Beach Post on June 15, 2010. In addition, the RFP was broadcast on DemandStar, with a total of 251 companies notified. Out of the total of 16 RFP Documents that were distributed, four (4) agents submitted proposals on August 18, 2010. The four (4) agencies and respective insurance carriers were as follows: • Plastridge Insurance Agency - Florida League of Cities • Arthur J. Gallagher — various insurance companies • Wells Fargo - Preferred Government Insurance Trust • First Florida Insurance Brokers — Public Risk Management Mr. Sid Webber from Interisk Corporation reviewed and analyzed the proposals. Mr. Webber ranked each proposer based on the terms /conditions of coverage proposed, stability of insurers proposed, expertise of submitting agent, and pricing. The average total scores and final ranking of the proposers is summarized in the table below: Proposer Average Total Final Ranking Score Plastridge Insurance Agency - Florida 87.30 2 League of Cities Arthur J. Gallagher 58.50 4 Wells Fargo - Preferred Government 88.85 1 Insurance Trust First Florida Insurance Brokers - Public 85.75 3 Risk Management Meeting Date: September 16, 2010 Resolution 60, 2010 Page 3 of 4 The total premium proposed by the Preferred Government Insurance Trust for fiscal year 2010/2011 is $1,018,538. This represents a savings of $181,402 from the current year total premium of $1,199,940. Additionally, it has offered a two - year rate guarantee on both the package and workers' compensation policies. Based upon our consultant's analysis, staff recommends awarding the City's property and casualty insurance program to the Preferred Government Insurance Trust for a two -year period from October 1, 2010, through September 30, 2012. (The 284 -page PGIT/Wells Fargo proposal is on file in the City Clerk's office.) A summary of the proposed limits and deductibles, by line of coverage, is as follows: Real & Personal Property — Limits of liability: Buildings $38,473,300; Contents $5,516,000; Fine Arts $1,009,000; Contractors' Equipment $2,120,451; EDP Equipment $295,706; Wind $38,473,300. Deductibles: Buildings and Contents $10,000; Fine Arts and Contractors' Equipment $5,000 (reduced from $10,000 in current policy); Wind 5% ($25,000 min). ■ Boiler & Machinery — Limits of Liability $43,989,300. Deductible $10,000. ■ Premises & Operations — Limits of Liability $2,000,000/$4,000,000, except $1,000,000/$1,000,000 for claims involving law enforcement activities. Deductibles: Liability $10,000; Law Enforcement and Public Officials $25,000. ■ Vehicle Liability — Limits of Liability $1,000,000. Deductibles: Liability $50,000; Physical Damage $1,000 (reduced from $2,500 in current policy). ■ Workers' Compensation — Limits of Liability: Employers' Liability $1,000,000; Compensation coverage is Statutory. Deductible: $75,000. ■ Crime — Limits of Liability: Employee Dishonesty /Forgery & Alterations Computer Fraud $50,000; Theft $10,000. Deductible: $1,000. For a complete analysis of the proposals submitted, please see the attached Evaluation of Proposals prepared by our insurance consultant. Meeting Date: September 16, 2010 Resolution 60, 2010 Page 4 of 4 As outlined in the RFP, the initial term of the contract shall commence October 1, 2010. However, the City does retain the ability to cancel the contract by written notice under the following three circumstances: 1) if the proposer is found to be in breach of any of the terms /conditions of the contract or fails to perform services in a manner satisfactory to the City; 2) if the City determines that cancellation is in the best interest of the City for its own convenience; or 3) if funds are not available to cover the cost of the services. STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 60, 2010, approving award of the property and casualty insurance program for FY 2010/2011 and FY 2011/2012 to the Preferred Government Insurance Trust. M 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 60, 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA TO RENEW INSURANCE POLICIES FOR PROPERTY, CASUALTY, PUBLIC OFFICIALS, AND RELATED INSURANCE FROM PREFERRED GOVERNMENTAL INSURANCE TRUST; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City desires to renew these insurance policies for the purpose of providing property and casualty liability coverage; and WHEREAS, the City received a renewal quote from Preferred Governmental Insurance Trust for the period from October 1, 2010, through September 30, 2011; and WHEREAS, the City Council wishes to renew property and casualty insurance policies from such firm; and WHEREAS, the City Council of the City of Palm Beach Gardens deems approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby awards the renewal of insurance policies for property and casualty liability coverages to Preferred Governmental Insurance Trust, authorizes the Mayor to execute all documents necessary to effectuate such renewal, and authorizes the City Manager to execute any future renewal Addenda. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 60, 2010 PASSED AND ADOPTED this day of , 2010. ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY N� R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN David Levy, Mayor AYE NAY ABSENT G:\attorney_ share \RESOLUTIONS\2010 \resolution 60 2010 - renewal - pgit insurance.docx 2 L6 �10 11) '411m: EXHIBIT "A Summary and Recommendation The following tables displays a side by side comparison of the scoring awarded to each proposer. Gross Score Evaluation Arthur J. Florida League Wells Fargo First Florida Insurance Factor Gallagher of Cities Gallagher Brokers Terms Conditions Insurance of the Coverages 50 92 92 95 Proposed Stability of 90 85 84 80 insurers Proposed Proposed 40% Expertise of 95 85 85 70 Submitting Agent insurers Proposed Pricing 25 1 83 1 90 1 85 Weighted Score Evaluation Arthur J. Florida League First Florida Factor Gallagher of Cities Wells Fargo Insurance Brokers Terms Conditions of the Coverages 20 36.8 36.8 38 Proposed 40% Stability of insurers Proposed 18 17 16.8 16 20% Expertise of Submitting Agent 14.25 12.75 12.75 10.5 15% Pricing 25% 6.25 20.75 22.5 21.25 Total Weighted Score 58.5 87.3 88.85 85.75 Based on the weighted scores assigned to each proposer responding to the City's RFP # 2010 -006 as displayed above, it is recommended that the City of Palm Beach Gardens renew its Property and Casualty Insurance program with the Preferred Governmental Insurance Trust as presented by Wells Fargo Insurance Services for the 2010/11 Policy Term. SUBMITTED BY INTERIM CORPORATION: Sidney G. Webber Principal Consultant /J,Z) Z)4&,) August 30, 2010 CITY OF PALM BEACH GARDENS, FLORIDA PROPERTY AND CASUALTY REMARKETING RFP # 2010 -006 EVALUATION REPORT The City of Palm Beach Gardens' Property and Casualty Insurance program expires on September 30, 2010. Interisk Corporation was asked to assist the City in obtaining competitive proposals for its 2010/ 11 insurance program. The process began by developing an RFP that summarized the coverages currently being purchased by the City, summarized the coverages that the City was seeking and established the protocols that would be followed during the RFP process. Upon completion of the RFP document, it was distributed to four (4) agents that had expressed an interest in becoming the City's insurance agent. They included: ➢ Arthur J. Gallagher ➢ The Florida League of Cities represented by the Plastridge Insurance Agency ➢ Wells Fargo Insurance Services (the City's current insurance agent) ➢ First Florida Insurance Brokers In an effort to control the process and to ensure each agent had unrestricted access to the insurers they believed could structure the most competitive programs, the agents were required to submit a list of insurers they desired to have assigned to their agency. A total of thirt3,three (33) different insurers were requested and assigned. It is believed that the insurers that were requested and assigned represented the majority of the insurers that have the ability and desire to provide the coverages being requested by the City. While every effort was made to provide the necessary information that would be needed to properly underwrite the City's account, requests for additional information were received until July 21St at which time an addendum to the RFP was prepared responding to these requests and was distributed to each agent participating in the process. All of the proposals were publicly opened on August 18th. All four (4) agents submitted proposals. Each of the proposals was reviewed in detail and the attached side by side comparison of the major features of each proposal was prepared. The RFP established the following criteria and the weight for each criterion that would be followed in the evaluation process. Evaluation Factors Applied Weight Terms and Conditions of the Coverages Proposed 40% Stability of Insurers Proposed 20% Expertise of Submitting Agent 15% Pricing 25% Each Evaluation Factor was assigned a maximum value of 100 points. Points were awarded based on the information contained in the proposals. Points were further adjusted based on the weight that was assigned in the RFP to each factor. Following is a discussion of each proposal received and the rationale in the points that were assigned Arthur j. Gallagher Temp and Canditians the QaffaM 8WL6 Arthur J. Gallagher submitted a modified self insured program that would require the City to assume the following retentions: ➢ $100,000 of each Property loss ➢ $10,000 of each Boiler and Machinery loss ➢ $50,000 of each Premises and Operations (General Liability) loss ➢ $50,000 of each Public Officials Liability loss ➢ $100,000 of each Vehicle Liability loss and the fast $50,000 Automobile Physical Damage loss ➢ $200,000 of each Workers' Compensation loss )0, $10,000 of each Crime loss The required retentions associated with the Gallagher proposal would significantly increase the administrative burden imposed on the City and would require the City to engage the services of a third party claims administrator. It is not believed that the City is properly staffed to support an insurance program such as the one proposed by Gallagher or has the desire to assume the additional exposures required of their program. Despite the fact that the terms and conditions of the coverages proposed by Gallagher were favorably viewed, the higher retentions that the City would have to assume and the additional administrative burden that would be required to oversee such a program significantly reduced the points assigned to this category. A total of 50 points was assigned for the terms and conditions of the coverages proposed by Gallagher and were further reduced to 20 points by the weight that was assigned to this category. Stability_af InsurUYs Propasad All of the insurers proposed by Gallagher enjoy a favorable rating from the A.M. Best Company, the leading evaluator of insurance company operations. Therefore, 90 points was assigned for the stability of the insurers proposed that was further adjusted to 18 points based on the weight assigned to this category. Ex�beriem JSubrrrittrngAgrrt Arthur J. Gallagher is the fourth (4th) largest insurance broker in the world. In addition, the particular Gallagher office that submitted the City's proposal has extensive experience in servicing governmental entities. They were therefore assigned 95 points for their experience. Based on a weighting factor of 15% that was assigned to this category, Gallagher received a net score of 14.25 for their experience. Assigning a score for the Gallagher proposal was a difficult task With an overall proposed premium of $826,014, it represented the lowest premiums proposed by any agent. However, it was believed that the added claim costs that the City would have to assume and the added cost of hiring an independent third party claims administrator significantly increased the overall cost of Gallagher's program. Therefore, a score of 25 was assigned to Gallagher's pricing that was further reduced to 6.25 when the weight assigned to this category was applied Based on the review of Arthur J. Gallaghees proposal an overall weighted score of 58.5 was assigned to their proposal. Florida League of Cities ' / -w 1'11. 11 The Florida League proposed their insurance through the Florida Municipal Insurance Trust (FMIT). The FMIT was formed in 1977 to service the needs of Florida governmental entities. The FMIT is recognized as one of the nation's leading providers of insurance for governmental entities and has modified their program over the years to meet the needs of its members. The Florida League program offers extremely broad coverages and the deductibles /retentions proposed were comparable, and in some cases less than what the City is currently purchasing. Based on the terms and conditions of the Florida League /FMIT proposal 92 points was awarded to this category that was reduced to 36.8 when the weighting factor for this category was applied. Stabilitv_dInsures Prz ed As indicated, the FMIT was established in 1977 and has never failed to respond to claims submitted by its members. In fact, over the past several years, the League has been returning significant sums to its members that renew with their program. The League has allocated $10 million of its surplus (net worth) this year that will be returned to its members that remain with their program. The fact that the FMIT is a self insured trust and not a traditional insurance company and is not monitored by the Florida Department of Insurance a total of 85 points was assigned to this category for the League that was further reduced to 17 when the weighting factor for this category was applied. Experience g(SgL? r ingA m While it was not clearly stated in the Florida League's proposal, their proposal was actually submitted through the Plastridge Insurance Agency. Plastridge is a well established independent insurance agent with offices located throughout the State. In fact, the Plastridge office that submitted the League's proposal is located directly across the street from Palm Beach Garden's administrative offices. Since most of the FMIT's clients are serviced directly by Florida League's employees the question of who would be providing the Citys support services ( Plastridge or the League) was posed. According to representatives of the Plastridge agency, the City could elect to have its account serviced either directly by the League or by the Plastridge agency. While it is believed that either the League itself or the Plastridge agency could service the day to day needs of the City, their ability to address unique or unusual issues may not be as strong as those that would be offered by Arthur J. Gallagher. In addition, it is believed that the services the League / Plastridge could offer are comparable to those that are available from Wells Fargo /Preferred Governmental Insurance Trust (to be discussed later in this report). Therefore a score of 85 was assigned to this category that was further reduced to 12.75 when the weighting factor for this category was applied. The Florida League / Plastridge submitted an overall annual premium of $1,139,682. While this was over $60,000 lower than what the City is currently paying for its insurance, it represented the highest premium proposed by any agent. Therefore, 83 points was awarded to this category for the League's proposal that was further reduced to 20.75 when the weighting factor assigned to this category was applied. Based on the review of the Florida League's proposal an overall weighted score of 87.3 was assigned to their proposal. MOWN gin[, . i i _ti s. _4 _r -,4 Wells Fargo is the City's current insurance agent with coverages currently being provided by the Preferred Governmental Insurance Trust (PGIT). PGIT was formed in 1999 and has grown to become one of the largest and recognized leaders in providing the insurance needs of governmental entities. PGIT's policyterms and conditions are extremely broad and compares to those being offered by the Florida League of Cities. They were designed to meet the specific needs of governmental entities and offer coverages typically unavailable from traditional insurance markets. Based on the terms and conditions proposed bythe Wells Fargo agency and PGIT, they were awarded 92 points for this category that was further reduced to 36.8 when the weighting factor assigned to this category was applied. Staw� a- Insures Prtlbasa� As previously indicated, PGIT has become of the premier providers of insurance for governmental entities. However, in its earlier years, PGIT made several changes to its excess /reinsurance structure. It is now believed that their excess/ reinsurance structure has stabilized. In addition, PGIT has never failed to pay claims as they were submitted. A key element of the PGIT program is that their program offers a total of $125 million of Property limits that must be shared with other PGIT members. Based on studies performed by independent firms, the maximum exposure of property losses for PGIT members collectively amount to approximately $60 to $70 million based on the anticipated losses that would occur during any one storm that would occur every 250 years. It is therefore believed that PGIT offers an extremely stable program and was awarded a score of 84 that was further reduced to 16.8 when the weighting factor for this category was applied. Expertise g(Sub z&MA ern Wells Fargo has served as the City's agent for a number of years and possesses the technical skills to service the needs of the City. As with the Florida League /Plastrdidge, these technical skills are strong, however may not be as strong as Arthur J. Gallagher when addressing unique or unusual issues. Efforts should be made to ensure the level of Wells Fargo's services is maintained, if not enhanced, if Wells Fargo is retained as Palm Beach Gardens' insurance agent. Eighty -five (85) points was awarded to this category that was further reduced to 12.75 when the weighting factor was applied. Wells Fargo and PGIT proposed a combined premium of $1,018,538 for the City's insurance coverages. This represents a reduction of $181,402 in the premiums that the City is currently paying. It also represents the lowest annual cost of all the proposals received. Based on the premiums proposed, 90 points were awarded that was reduced to 22.5 when the weighting factor was applied to this category. Based on the review of the Wells Fargo /PGIT proposal an overall weighted score of 88.85 was assigned to their proposal. First Florida Insurance Broker R u,er. std Fast Florida proposed the Public Risk Management of Florida (PRM) self insured program. As with the PGIT program, some of the limits of the PRM program have to be shared between the program members. Even with this limitation, a number of the terms and conditions of the PRM program were viewed as being superior to those being offered bythe other proposals received. Some of the more notable enhanced features of the PRM program were: ➢ Lower deductibles for Property losses ➢ Higher limits for Flood related losses ➢ Elimination of deductibles for General Liability claims )0- Elimination of deductibles for Vehicle Liability claims ➢ Elimination of deductibles for Workers' Compensation claims ➢ Higher Crime limits These enhancements resulted in the Fast Florida/PRM proposal receiving the highest score for this category of 95 that was further reduced to 38 when the weighting factor was applied. Stability dksuwn Pro�asal While the PRM program has been in existence for many years (believed to be since 1977), the program was originally offered only to a select number of municipalities and until recently has PRM's membership been extended to other municipalities. First Florida's proposal contained little information about the historical stability of the PRM program. Based on the limited historical information provided on the PRM program, 80 points was awarded to First Florida for this category that was further reduced to 16 when the weighting factor was applied. Expertise dSubrraw XAg= While the Fast Florida proposal dedicated a significant section of its proposal to the expertise of its agents, it was learned during the RFP process that some form of merger between First Florida and World Risk Management (the managing agent for the PRM program) recently occurred. While reviewing the PRM proposal with representatives of First Florida, it was clear that First Florida lacked a complete understanding of the PRM program. It is believed that this could be attributable to the limited time they have been associated with it and will improve over time. In addition, much of the information provided regarding the expertise of First Florida's agents, was viewed as being generic and little information regarding the agent's specific experience with governmental entities the size of Palm Beach was provided. For these reasons a score of 70 was awarded for this category that was further reduced to 10.5 when the weighting factor was applied. Fast Florida proposed a combined annual premium of $1,106,692. While this represented a reduction of $93,248 in the premiums that the City is currently paying, it was higher than the premiums proposed by at least one other agent. First Florida was awarded a score of 85 for this category that was further reduced to 21.25 when the weighting factor was applied. Based on the review of the First Florida's proposal an overall weighted score of 85.75 was assigned to their proposal. Summary and Recommendation The following tables display a side by side comparison of the scoring awarded to each proposer. Gross Score Evaluation Arthur J. Florida League Wells Fargo First Florida Insurance Factor Gallagher of Cities Brokers Terms Conditions of the Coverages 50 92 92 95 Proposed Stability of 90 85 84 80 insurers Proposed 18 17 16.8 16 Expertise of 95 85 85 70 Submitting Agent Pricing 25 83 90 85 Weighted Score Evaluation Arthur J. Florida League Wells Fargo First Florida Insurance Factor Gallagher of Cities Brokers Terms Conditions of the Coverages 20 36.8 36.8 38 Proposed 40% Stability of insurers Proposed 18 17 16.8 16 20% Expertise of Submitting Agent 14.25 12.75 12.75 10.5 15% Pricing 25% 6.25 20.75 22.5 21.25 Total Weighted Score 58.5 87.3 88.85 85.75 Based on the weighted scores assigned to each proposer responding to the City's RFP # 2010 -006 as displayed above, it is recommended that the City of Palm Beach Gardens renew its Property and Casualty Insurance program with the Preferred Governmental Insurance Trust as presented by Wells Fargo Insurance Services for the 2010/11 Policy Term. h r� w W W 0 �i 1. z �a c� O N C) O N O O C> 0 N 4 O w a m Al 0 O d W IF �Wi z 14. 0 00)0°0 I O o ° Q p ¢ 00 O �O M$ M o cy, M 0000 M 0000 O O O O S O O O O D cE aN N 00 O� � bq bq 600Z .v� bq 69 rn 6q M-) O � U bq 6q bq O 6q "C ~ O O c � o 0 w a cu w � w a °O LK Q ° N oOo 'c a L In - 0 a', en $ O ° O o Q � !o� o .c ZZ�� ,; bq ,n b Z e�44 ��"9" �uv►� �o ,.R 401t bqv 0 Ln o O O o p G ° O O� Co S S v , bq oj ° Lri Ln O � O �--a N I'0 ttj z u1 O C LM .� 6q tli �, N O °O p y bq�6q�d�9 6�9 696~q� O w o �' w vq yQ O O O S o$ °° �° S 0 o t, N - uo uo O SS S S 0 4 O �O �n p " C3 C3 0 � � vK, � �-••� �--� a�9 cH v� tfi bq O .� U p O y Ln Ln M ai •u '3 C i O "O :k ppp�� p 4� � O OO O O O v' \ \ C O .-•, O 00 O O O uo 1 Qz i p n� C� 00 ('4 5ooNN �i � C` ry 4-k 41-1 bq ('I � +sk .1 4 41, N `4 • iy w U N w U aac� 5a�p�awvw3-v rw A >. 0 wCgw�19 0� O •7 . 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Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin � I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. BEAUTIFICATION AWARDS — BENJAMIN SCHOOL AND PALM BEACH STATE COLLEGE. -'b. RECOGNIZING SARAH SMITH, HEAD SWIM COACH, FOR RECEIVING THE "VIKKI WELLS COMMITMENT TO EXCELLENCE AWARD" mac. (Pa q° 5), RECOGNIZING MATT DOHERTY, SOFTWARE SYSTEMS MANAGER, FOR RECEIVING THE CERTIFICATION OF CHIEF INFORMATION OFFICER FROM THE FLORIDA INSTITUTE OF GOVERNMENT. /V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: " VI. CITY MANAGER REPORT: ,/VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) "VIII. CONSENT AGENDA: -a. (Staff Report on Page 7 Resolution on Page 9) RESOLUTION 36, 2010 — D0. LOW VOLTAGE WIRING INSTALLATION FOR EMERGENCY OPERATIONS It y'0 COMMUNICATIONS CENTER. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING A PURCHASE AWARD TO UNIVERSAL CABLING SYSTEMS, INC. TO SUPPLY AND INSTALL FIBER OPTIC AND COPPER CABLING FOR THE EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER VIA AN EXISTING CONTRACT WITH THE SCHOOL DISTRICT OF ST. LUCIE COUNTY (NO. 09- 08E); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. Staff Re on on F a 15, ORDINANCE 22, 2010 - (2 READING AND ADOPTION) AMENDING THE CODE OF ORDINANCE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 14. ANIMALS. OF THE CODE OF ORDINANCES BY CREATING A NEW ARTICLE III. ENTITLED "DOG- FRIENDLY DINING", IN ORDER TO ESTABLISH A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR PORTIONS OF SUCH ESTABLISHMENTS PURSUANT TO SECTION 509.233, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. ANIMALS. 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. f. (Staff Report on Page 1!?4, Resolution on Pang 1741 RESOLUTION 61, 2010 - Q BANYAN TREE HISTORICAL MARKER PETITION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO SIGN THE FLORIDA HISTORICAL MARKER APPLICATION AND TO PLACE A HISTORICAL MARKER AT THE BANYAN TREE SITE ON MACARTHUR BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. Resolution on page 180] RESOLUTION 60, 2010 - PURCHASE INSURANCE POLICIES FOR PROPERTY AND CASUALTY P INSURANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF i A,0 PALM BEACH GARDENS, FLORIDA TO RENEW INSURANCE POLICIES FOR PROPERTY, CASUALTY, PUBLIC OFFICIALS, AND RELATED INSURANCE FROM PREFERRED GOVERNMENTAL INSURANCE TRUST; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION: 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 5 days prior to the hearing if this assistance is ✓a. (Page 12( PROCLAMATION — CONSTITUTION WEEK IX. PUBLIC HEARING :S.'-(! Designates Quasi - Judicial Hearinz) a. PRESENTATION OF THE FISCAL YEAR 2010/2011 BUDGET. b. 123) ORDINANCE 23, 2010 - (1 ST READING) ADOPTING FISCAL YEAR 201012011 BUDGET. AN {� (Vi ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 1" GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. (Staff Report on Page 125. Ordinance on Page-133! ORDINANCE 13, 2010 — (1St READING) DUMPSTER /RECYCLING_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING .FF CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SECTION 78 -378. `1 DUMPSTERS. AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. AT SECTION 78 -379 BY REPEALING SUBSECTIONS (a)(3) AND (c), READOPTING SUBSECTION (c), AS REVISED, RENUMBERING FORMER SUBSECTIONS (a)(4), (a)(5), AND (a)(6) AS NEW SUBSECTIONS (a)(3), (a)(4), AND (a)(5) AND ADOPTING NEW SUBSECTION (d); 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. d. nor on ray 38, C Dance on Nac, ORDINANCE 20, 2010 - (2nd READING AND ADOPTION) FIREFIGHTERS' PENSION PLAN. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, AMENDING CHAPTER 38. FIRE PREVENTION AND PROTECTION. BY REPEALING SUBSECTIONS 38- 53(1), 38- 54(6), 38- 60(1)b, SECTIONS 38-68 AND 38 -69 AND READOPTING SAME, AS REVISED, AND BY ADOPTING NEW SUBSECTION 38- 57(2)e IN ORDER TO EXTEND TRUSTEE TERMS FROM TWO YEARS TO FOUR YEARS, TO INCREASE THE CAP OF INTERNATIONAL SECURITY EXPOSURE, TO COMPLY WITH PROTECTING FLORIDA'S INVESTMENT ACT AND TO EXPAND THE ELIGIBLE INVESTMENT VEHICLES, TO COMPLY WITH USERRA FOR PRE - RETIREMENT DEATH BENEFITS, TO ALLOW RETIREES TO CHANGE THE DESIGNATED SURVIVOR UP TO TWO TIMES AFTER RETIREMENT WITHOUT APPROVAL OF THE BOARD OF TRUSTEES AND VERIFICATION OF GOOD HEALTH, TO FULLY FUND NONFORFEITABLE BENEFITS UPON TERMINATION OF THE PLAN, AND TO ALLOW RETIREES TO DIRECT PAYMENT OF CERTAIN INSURANCE PREMIUMS FROM BENEFIT PAYMENTS, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. CITY OF PALM BEACH GARDENS NOTICE OF PUBLIC HEARINGS PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, Florida will conduct a Public Hearing on September 30, 2010, at 7:00 p.m., or as soon thereafter as can be heard, at the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida, continuing from time to time and place to place as necessary, regarding the following: cy h , yj A e i� '�DI�IANCE 21, 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM k BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. AT ARTICLE V. BY REPEALING DIVISION 7. SIGNS. AND READOPTING SAME, AS REVISED, IN ORDER TO COMPREHENSIVELY REVISE AND CLARIFY THE CITY'S SIGN CODE; FURTHER AMENDING CHAPTER 78. AT SECTION 78 -751. DEFINITIONS. IN ORDER TO ADOPT NEW DEFINITIONS FOR "SIGN, EVENT SIGNAGE ", "SIGN, RIGHT -OF -WAY BANNER ", "SURFACE AREA ", AND "VISIBILITY TRIANGLES (AKA SAFE -SITE TRIANGLES) "; 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. All members of the public are invited to attend and participate in this public hearing. All documents pertaining to this Ordinance may be inspected by the public in the Planning and Zoning Department (561 - 799 - 4243), located at the Municipal Complex Building, during regular business hours, Monday through Friday, 8:00 a.m. — 5:00 p.m., except for holidays. 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). Patricia Snider, CMC, City Clerk Publication Date: Wednesday, September 15, 2010 required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800 - 955- 8771(TDD) or 800 = 955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 16, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin L vPLEDGE OF ALLEGIANCE II. ✓ ROLL CALL q -0 III. 1✓ADDITIONS, DELETIONS, MODIFICATIONS: IV -"ANNOUNCEMENTS / PRESENTATIONS: a. BEAUTIFICATION AWARDS - BENJAMIN SCHOOL AND PALM BEACH STATE COLLEGE. b. RECOGNIZING SARAH SMITH, HEAD SWIM COACH, FOR RECEIVING THE "VIKKI WELLS COMMITMENT TO EXCELLENCE AWARD" C. (Pane 5 RECOGNIZING MATT DOHERTY, SOFTWARE SYSTEMS MANAGER, FOR RECEIVING THE CERTIFICATION OF CHIEF INFORMATION OFFICER FROM THE FLORIDA INSTITUTE OF GOVERNMENT. 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) q -0 VIII. --60NSENT AGENDA: a. (Staff Report on Pane 7 Resolution on Page 9) RESOLUTION 36, 2010 - LOW VOLTAGE WIRING INSTALLATION FOR EMERGENCY OPERATIONS COMMUNICATIONS CENTER. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING A PURCHASE AWARD TO UNIVERSAL CABLING SYSTEMS, INC. TO SUPPLY AND INSTALL FIBER OPTIC AND COPPER CABLING FOR THE EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER VIA AN EXISTING CONTRACT WITH THE SCHOOL DISTRICT OF ST. LUCIE COUNTY (NO. 09- 08E); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. ,/ (Staff Report on Page 153, Ordinance on Page 155) ORDINANCE 22, 2010 - (2 READING AND ADOPTION) AMENDING THE CODE OF ORDINANCE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 14. ANIMALS. OF THE CODE OF ORDINANCES BY CREATING A NEW ARTICLE III. ENTITLED "DOG - FRIENDLY DINING ", IN ORDER TO ESTABLISH A LOCAL EXEMPTION TO +-0 CERTAIN PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR PORTIONS OF SUCH ESTABLISHMENTS PURSUANT TO SECTION 509.233, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. ANIMALS. 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. f. (Staff Report on Page 164, Resolution on Page 174) RESOLUTION 61, 2010 - BANYAN TREE HISTORICAL MARKER PETITION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO SIGN THE FLORIDA HISTORICAL MARKER APPLICATION AND TO PLACE A HISTORICAL MARKER AT THE BANYAN TREE SITE ON MACARTHUR BOULEVARD; PROVIDING AN H_0�. EFFECTIVE DATE; AND FOR OTHER PURPOSES. Anumns- � Z.D 11j�''CU ? I, 10 10 - S 16 W.s X. RESOLUTIONS• a. ✓ (Staff Report on Pane 176, Resolution on pane 180) RESOLUTION 60, 2010 - PURCHASE INSURANCE POLICIES FOR PROPERTY AND CASUALTY INSURANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA TO RENEW INSURANCE POLICIES FOR _0 PROPERTY, CASUALTY, PUBLIC OFFICIALS, AND RELATED INSURANCE FROM PREFERRED GOVERNMENTAL INSURANCE TRUST; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. v"ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. G--6TY ATTORNEY REPORT: X111. 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). 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CD co c: L L-- +� N co :3 >,� © co _U Q (o 4) Q 7 — U Q (D 7C) N L 0 cn o E N G) S� 5 E Et:)o 20-UF 0 n o Cll U U co 0 H co Q +� o C1� E E 0 U s �uj C) U Q) C) CU n CU cn 4-1 c � Q Q) -0 O 0-0 N U u U E � CO j U o > vU-0 co - E Q) co � Q) a°� � E�Q)CL U) �0� Q� -C) — U �c— cv(15 Q) 70 Uu (D� -0° 4-JQ,�+_ USE CO o 0Ec� -0 E U°U-F a- cn co � a 7 D Z Q U U U Q) C) CU n CU cn 4-1 c � Q Q) -0 O 0-0 N U u U E � CO j U o > vU-0 co - E Q) co � Q) a°� � E�Q)CL U) �0� Q� -C) — U �c— cv(15 Q) 70 Uu (D� -0° 4-JQ,�+_ USE CO o 0Ec� -0 E U°U-F pcljs"k- CITY COUNCIL MEETING 09/16/10 PROPOSED ADDITIONS, DELE "TIO`S AND MODIFICATIONS ADDITIONS UNDER CONSENT RESOLUTION 70, 2010 - APPOINTING THE CITY ENGINEER- UNDER PUBLIC HEARING NON -QUASI ORDINANCE 21, 2010 - AMENDING CHAPTER 78. AT ARTICLE V. BY REPEALING DIVISION 7. SIGNS. DELETIONS: NONE MODIFICATIONS: NONE d Ah Fw CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council members DATE: September 16, 2010 ---14& FROM: Ronald M. Ferris, City Manager SUBJECT: `Additions' for the September 16, 2010 City Council meeti Please see the attached information that pertains to the City Council agenda for September 16, 2010. 1 respectively request that the first item, Resolution 70, 2010, related to the Director of Engineering position, be added under Consent. The second item, Ordinance 21, 2010, related to the Sign Code amendments is placed under Section IX. Public Hearings as item (g) of the City Council agenda. C. .h CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 16, 2010 Resolution 70, 2010 Subject/Agenda Item: Accepting and Ratifying the City Manager's Recommendation that Todd Engle be Appointed as the City Engineer. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $N /A Council Action: City Attorney (Total) Ci Aft ey [ ] Approved $N /A [ ] Approved w/ N/A Current FY conditions Finance Administrator [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Community Services Date: [ ] Operating Paper: [x ] Not Required [ ] Other • Resolution 70, 2010 SuWAftoy Cit Affected parties [ ] Notified Budget Acct. #: [ ] None AppAManag : City [ x ] Not required Meeting Date: September 16, 2010 Resolution 70, 2010 Page 2 of 2 BACKGROUND: Due to the workforce reduction process which eliminated the Director of Engineering position held by Max Bosso, the City Manager is recommending the City Council appoint a City Engineer as per Section 6- 1(c)(5) of the City Charter. The City Manager is recommending Todd Engle be appointed as the City Engineer. Todd Engle is a certified P.E. and has been serving as the City's Engineer by providing supervision to all City construction projects for seven (7) years. Mr. Engle meets all the job requirements and his current salary is within the salary range for the position. The City Engineer shall report directly to and shall perform such tasks as specified by the City Manager just as any other department head. The City Engineer's compensation and benefits shall be determined by the City Manager in accordance with the City's personnel policies. STAFF RECOMMENDATION: Staff recommends approval of Resolution 70, 2010 as presented. 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 ATTEST: :E Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY AN R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN Resolution 70, 2010 day of , 2010. CITY OF PALM BEACH GARDENS, FLORIDA : " David Levy, Mayor AYE NAY ABSENT G:\ attorney_share\RESOLUT{ONS\2010 \Resolution 70 2010 -City Engineer Appointment.doex 2 MJON 0 3 RESOLUTION 70, 2010 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA ACCEPTING AND RATIFYING THE 8 CITY MANAGER'S RECOMMENDATION THAT TODD ENGLE BE 9 APPOINTED AS THE CITY ENGINEER; PROVIDING AN 10 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, Section 6- 1(c)(5) of the City Charter provides for the appointment of 14 the City Engineer by the City Council; and 15 16 WHEREAS, the City Council desires to ratify the City Manager's 17 recommendation that Todd Engle be appointed as the City Engineer; and 18 19 WHEREAS, the City Council deems approval of this Resolution to be in the best 20 interests of the health, safety, and welfare of the residents and citizens of the City of 21 Palm Beach Gardens and the public at large. 22 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF PALM BEACH GARDENS, FLORIDA that: 26 27 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 28 29 SECTION 2. In accordance with Section 6- 1(c)(5) of the City Charter, the City 30 Council of the City of Palm Beach Gardens does hereby accept and ratify the City 31 Manager's recommendation that Todd Engle be appointed as the City Engineer. 32 33 SECTION 3. The City Engineer shall report directly to and shall perform such 34 tasks as specified by the City Manager just as any other department head. 35 36 SECTION 4. The City Engineer's compensation and benefits shall be determined 37 by the City Manager in accordance with the City's personnel policies. 38 39 SECTION 5. This Resolution shall become effective immediately upon adoption. 40 41 42 43 44 45 46 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 16, 2010 LDRA- 10 -03- 000029 Ordinance 21, 2010 SUBJECT /AGENDA ITEM Ordinance 21, 2010: Land Development Regulation amendments to Division 7. Signs. First Reading: A City- initiated amendment to the City's Land Development Regulations ( "LDRs ") regarding the purpose and intent, permitted signs, prohibited signs, other related issues, and certain definitions. IX] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: CITY COUNCIL: Planning and Zoning: [ ] Approval City Resource Manager: Finance [ ] Approval with Administrator: Conditions [ ] Denial Max L6hman, Esq. Allyson Black N/A [ ] Continued to: Allan Owens Development Compliance: Accountant: Martin Schneider, AICP Planner Bah& eh K. Wolfs, AICP [ ] Quasi — Judicial Director 9f Planning and [ X ] Legislative N/A '-on in [X] Public Hearing Sarah Varga Fees Paid: [N /A] Advertised: Date: N/A Paper: Attachments: -,*e Ordinance 21, 2010 N t ie ong, AICP Appr ved B [ ] Required Budget Acct. #: City ana [ X ] Not Required N/A 4.2o,r- �eR�ib C� Affected Parties: Ronald M. Ferris ( ] Notified [ X ] Not Required Page 2 of 36 Ordinance 21, 2010 BACKGROUND The subject petition is comprised of various amendments to the City's sign code (Division 7. Signs). The City's sign regulations were last updated in 2000 as part of the rewrite to the entire Land Development Regulations. At several City Council meetings, City Council has mentioned the need to revisit the sign regulations and requested staff research sign issues. Staff has also received general comments from the business community and residents regarding signage regulations. In addition, staff has had a number of internal discussions on Sign Code issues, including review meetings with various personnel of other departments to see how the Code could be updated and improved. Section 78 -290. Temporary signs allowed, was originally a part of petition number LDRA- 10 -04- 000031, and was moving forward with amendments to special events and outdoor seating. However, since the temporary signs section is a part of Division 7. Signs, it has been added to this petition to avoid any confusion with codification of the amendments. Staff received direction from the City Council regarding the temporary sign code at the April 15, 2010, City Council meeting. Staff is proposing a number of amendments to the Code for technical or regulatory reasons. In addition, a number of proposed revisions are recommended to the permitted signs regulations. Many of the changes reflect changes in the code that already reflect current Council policy on previous sign waivers that have been granted. These amendments are intended to provide clarity and simplification to the Code, and reduce the number of PCD /PUD waiver requests for signage based on Council's policy on previous waivers that have been granted. Staff received direction from City Council on these proposals at the June 17, 2010, City Council meeting. The amendments are detailed below in the Proposed City Code Amendments section. PROPOSED CITY CODE AMENDMENTS Staff is proposing the following text amendments to the following Code Sections (deletions are stFUGk, new language is underlined): DIVISION 7. SIGNS* Sec. 78 -271. Intent and purpose. W The purpose of this division is to create the legal framework for a comprehensive and balanced system of signage to facilitate an easy and pleasant raemmuRieatien the effective use of signs as a means of communication in the city and to avoid the visual clutter that is peteRtially harmful to traffic and pedestrian safety, property values, business opportunities and community appearance. With these purposes in mind, it is the intent of this division to a i'~^riz° +�° Page 3 of 36 Ordinance 21, 2010 aGtivity that displays them, expFeessive of the identity of the indiv dual aGtivities and the enable the fair and consistent enforcement of these sian reaulations and to promote the implementation of the city's comprehensive future land use plan. Additionally_ . it is the intent of this division to provide regulations which achieve the following: (1) Property value protection. Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, briahtness, or movement. Signs shall be in harmony and compatible with the buildings uses* and other conformina sions in the zonina district. 2) Communication. Signs shall not deny other persons the use of sight lines on u�riahts -of -way, shall not obscure important public messages and shall not overwhelm or distract the traveling public. 3) Preservation of community's beauty. Palm Beach Gardens includes umerous planned developments with large landscaping buffers, consisting of _ small n large office, retaiL residential. and industrial uses and relies heavily on its natural surroundinas and beautification efforts to retain the City's economic viability. This concern is reflected by the active and objective regulations of the pearance and design of signs. 4 Protection of the public health, safety, and welfare. It is the specific intent of is division to provide objective, content neutral regulations of time, place, and manner in order to preserve and protect the public health, safety, and welfare. (b) Regulations strictly enforced. It shall be unlawful for any persons to post. display, chance, or erect a sign or sign structure that requires a permit without first having obtained a permit in accordance with section 78 -276. Signs or sign structures erected without a valid permit shall be deemed in violation of this chapter, and it shall be mandatory to obtain the applicable permit, or remove the sign or sign structure immediately. All signs not expressly permitted by this chapter are strictly prohibited. (c) Severability. 1 Generally. It is the declared legislative intent of the City Council of the Citv of Palm Beach Gardens that should any if any part, section, subsection, paragraph. subparagraph, sentence, phrase, clause, term, or word of Division 7. Signs. is declared unconstitutional by the final and valid iudament or decree of any court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other part, sectim subsection, paragraph, subparagraph, senten ce. phrase, clause, term, or word of this division. 2) Severability where less speech results. This subsection (c)(2) shall not be interpreted to limit the ffec of subsection (c)(1) above or any other a licab e e terability provisions in the land development code or any adopting ordinance. The city council specifically intends that severability shall be applied to these sign Page 4 of 36 Ordinance 21, 2010 regulations even if the result would be to allow less speech in the city. whether b subjecting currently exempt signs to permitting or by some other means. (3) Severability of provisions pertaining to prohibited signs. This subsection 3 shall not be interpreted to limit the effect of subsection (c)(1) above or an other applicable severability provisions in the land development code or any adopting ordinance. The city council specifically intends that severability shall be applied to Section 78 -284. Prohibited signs and prohibited . sign locations.. so that each of the prohibited sign types listed in that section shall continue to be prohibited irrespective of whether another sign prohibition is declared unconstitutional (4) or invalid. Severability of prohibition on off - premises signs. This subsection (c)(4) shall not be interpreted to limit the effect of subsection (c)(1) above, or any other applicable severability provisions in the land development code or any adopting ordinance. If ll of Division 7. Signs. or any other provision of the city's land development code is declared unconstitutional or invalid by the final and valid judgment of any court of competent jurisdiction, the city council specifically intends that that declaration shall not affect the prohibition on off - premises signs in Section rl:M:0 [Note: The modification will clarify the purpose and intent language, in order to enforce the sign regulations and issue violations on failure to comply with permitting requirements, and adds severability language j Sec. 78 -272. Application. The regulations of this division shall apply to all signs within the city. Sec. 78 -273. Nonconforming signs. (a) Retention of existing signs. Every legal sign existing as of , 199ASeptember 30. 2010, and which is a type of sign not permitted in this division or is not consistent with the requirements of this division may be continued or retained until january 7, 2000 September 30. 2016, seufleil. (b) Expiration, removal, and exempt signs. Upon expiration of the time period stated in subsection (a) above, all affected signs shall be removed immediately by the property owner. Signs exempt from this requirement are listed below. (1) PUD signs. Signs which have been specifically approved as part of a PUD, PCD, or site plan within a PCD. (2) Flat wall signs. Existing flat wall signs below the third floor of a multiple story building or the roof line of two -story office buildings shall be allowed to remain Page 5 of 36 Ordinance 21, 2010 indefinitely. However, these signs are subject to the nonconforming structure provisions of section 78 273 7. 8 -715. (3) Residential development signs. Signs located within residential zoning districts which indicate the name of a residential subdivision or development. (4) Certain nonconforming signs. Signs made nonconforming by sign regulation revisions adopted by GiFdinanGe 25, 1999. Ordinance 21, 2010 are subject to the nonconforming structure provisions of section 78 273 78 -715. (5) Annexation. a. Any permanent sign existing on property annexed into the city, not permitted under this division but lawful at the time of annexation, shall be removed, or otherwise brought into compliance. no later than six years from date the city comprehensive land use plan change affecting the property is adopted by the city council. b. Temporary signs which are not permitted by this division shall be removed within 60 days from the date of adoption of the comprehensive land use plan amendment which pertains to such property. (c) Amortization. The time period provided in this subsection is for the purpose of amortizing the costs of a sign created or existing on or prior to adoption of the ordinance from which this section originally derived by virtue of lease of location or sign space, Q through annexation into the city. [Note: This provides new dates and timeframes for retaining signs made nonconforming by the sign code amendments, and refers to the correct nonconforming structure provisions.] [Note: This section is obsolete. Its purpose was to ensure all temporary signs that existed when the sign regulations were adopted in 2000 would need to be removed within 30 days of the newly adopted regulations.] Sec. 78 -275. Addresses. All residential and nonresidential structures shall post the building address in a location viewable, readable. and unobstructed from the adjacent public or private right -of -way. Page 6 of 36 Ordinance 21, 2010 The size of residential address numbers shall not be less than four inches or exceed six inches in height or as otherwise approved by the addressing committee based on setback from or width of riaht -of -way. The size of nonresidential address numbers shall not be less than eight inches or exceed 12 inches in height, or as otherwise approved by the addressing committee or the master signage program based upon the specific height of the building to which the numbers and letters are attached, or setback from or width of riaht -of -way. In cases where there is no adjacent right -of -wav, or for other reasons of public health, safety, or welfare, the addressing committee may use its discretion to determine the appropriate location and size of addresses [Note: This sets a minimum number size for residential and non - residential addresses, and gives the Addressing Committee more flexibility to determine address number size depending on setback, right -of -way width, and other health or safety reasons.] Sec. 78 -276. Permits required, fees, and revocation. (a) Building permit required. It shall be unlawful for any person to erect, repair, alter, relocate, or maintain any permanent sign defined in this division without obtaining a building permit and paying the required fee. (b) Revocation. The building official is authorized to revoke any building permit if a sign is erected or installed that does not comply with the requirements of this division. (c) Maintenance and inspection. (1) Maintenance. All signs for which a permit is required, together with all supports, braces, guys, anchors, sign faces, and other structural and nonstructural members, shall be maintained in good condition and appearance, and in compliance with applicable building codes. The building off City may order the removal of any sign that is not maintained in accordance with this section. The removal shall be at the expense of the owner or lessee. Examples of unacceptable maintenance and repair include the following: a. Cracked, ripped, or peeling paint present on more than ten percent of the surface area of a sign; b. Bent, broken, loose, or otherwise insufficiently attached supports, struts, or other appendages; c. Partial illumination for more than 14 days; d. Obstruction of sign face by weeds, vines, tree branches, or other vegetative matter; and Page 7 of 36 Ordinance 21, 2010 e. Maintaining a position that is more than 15 degrees from vertical for more than ten successive days. (2) The building official and /or code enforcement officers shall reinspect all signs erected within the city as often as deemed necessary. he r q uiFed fnr re+RSPest*eR [Note: This clarifies who may order removal of signs, since it may be a City official or the magistrate deciding on a Code Enforcement hearing. It also clarifies who may re- inspect signs, and allows the City to charge for re- inspection costs if needed.] Sec. 78 -277. Design requirements. All permanent signs shall be designed and constructed in compliance with applicable building codes. All electric wiring shall be installed underground, within building walls, or otherwise located so as not to be visible. Sec. 78 -278. Variances. (a) Variance allowed. The BZA PZAB, consistent with the requirements of section 78- 53, may grant a variance from the strict application of this division. H wev r in n event shall a variance be granted to allow a sign type listed in Section 78 -284. (s)� Exceptions. (1) PUDs and PCDs. The city council may, at time of development order approval or development order amendment, grant one or more waivers to the requirements of this division applicable to a PUD, PCD, or site plan within a PCD. (2) Compliance with intent and purpose. The city council may vary the size, setback requirements, afW-number any of peFMitted -signs in a PUD, provided the city council determines a PUD application complies with the general intent and purpose of this division. [Note: This corrects the name of the Planning, Zoning, and Appeals Board (PZAB), and eliminates the vote count. The variance process is outlined in Section 78 -53. Variance Requests., and voting requirements are already described in Section 2 -95. Quorum and Required Vote.] Page 8 of 36 Ordinance 21, 2010 Sec. 78 -279. Removal of abandoned signs. Any sign which no longer is used to advertise a licensed business or a product sold on- premises shall be removed by the owner of the property, building -} or structure upon which the sign is located within ten days after written notification from the building official. Upon failure to comply with the notice within the time specified in the order, the building official is authorized to cause removal of the sign. Any expense associated with the sign removal shall be paid by the owner of the property, building, structure, or premises to which the sign is attached or on which the sign is located. [Note: Scriveners errors corrected.] Sec. 78 -280. Removal of unsafe signs. If the building official determines any sign regulated in this division is unsafe, insecure, a menace to the public health, or constructed, erected, or maintained in violation of this division, a written notice of such determination shall be provided to the property owner. The owner of the property has ten days following receipt of the written notice to remove, repair} or otherwise alter the sign so as to comply with this division. If the sign is not removed, repaired} or otherwise altered to comply, the necessary removal or improvements shall be carried out by the building division at the expense of the owner of the property. The building division shall cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. [Note: Scriveners errors corrected.] Sec. 78 -281. Owner to be charged for cost of removal by city. When the city has caused or paid for the removal of a sign, the actual cost of the removal shall be paid by the owner of property on which the sign is located. The cost of removal shall include accrued interest at the rate of ten percent per annum from the date of the completion of the work. [Note: Scriveners errors corrected.] Sec. 78 -282. Lien for costs of removal. If the full amount due the raity fQF r,'gR Femeval is not paid by the owneF within 60 days aAfter the removal of such sign, the city shall cause to be recorded in the official record books a lien against the property. The lien shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. [Note: Language simplified.] Page 9 of 36 Ordinance 21, 2010 Sec. 78 -283. Obstructions. Signs shall not be erected, installed, constructed, attached, or maintained so as to serve as an obstruction as noted below. (a) Ingress and egress. A sign shall not block any fire escape, or any window, door, or opening used as a means of ingress or egress. (b) Fire escapes and ventilation. A sign shall not be attached to a fire escape or be placed in such manner as to interfere with any opening required by the building code for ventilation. (c) Visibility triangles. A sign shall not be placed in such a manner as to obscure siahtlines within the visibility triangle at the intersection of two roads or a road and a private driveway in accordance with the city's intersections reaulations in Sec. 78 -508 d). No sian located within a visibility triangle shall exceed 30 inches in height as measured from the ace of the nearest hicular traffic a a. (e) d�City property. Signs shall not be allowed on city property or rights -of -way within the city unless specifically authorized by the city council. Any signs not authorized on city property or rights -of -way shall be immediately removed by the city, and the costs of such removal shall be borne by the parties responsible for the installation. (d) Other governmental agencies. Other governmental entities which have jurisdiction or control of public rights -of -way may install signs within such rights -of -way. Any signs that are not authorized on such rights -of -way shall be immediately removed by the city or governmental agency, and the costs of such removal shall be borne by the parties responsible for the installation. [Note: Visibility triangles at intersections are added as areas within which signage shall not be located in such a manner as to obscure sightlines. While "obstruction of vision" is listed as a Prohibited Sign (Sec. 78- 284(d)), it does not define visibility triangles or give specific language for what is allowed. More precise language provided within Sec. 78 -283 will help ensure that this public safety issue is not overlooked by applicants submitting sign petitions or by staff reviewing signage applications.] Sec. 78 -284. Prohibited signs and prohibited sign locations. (a) General. The signs described below, unless otherwise provided in this section, are prohibited and shall not be installed or constructed within the city. (b) Off - premises signs. Off -site or off - premises signs are prohibited. All °dopy Off -site or off - premises signs are slpns at direct attention to a commercial business. commodity, service, product, or activity Page 10 of 36 Ordinance 21, 2010 not conducted, sold, offered, or available on the premises where such sian is located, he copy of which may be intended to be changed periodically. (c) Traffic senel regulation signs. Any sign which resembles, is similar to, or may be confused with any sign or device to control vehicular, bicycle, or pedestrian traffic is prohibited. (d) Obstruction of vision. Any sign installed or erected in a location, or at a street intersection, or in any street right -of -way so as to obstruct free and clear vision is prohibited. (e) Prohibited sign characteristics. Only passive -type signage shall be permitted. Unless otherwise permitted in Section 78 -285, signs which incorporate animation, bFigh t or flashing lights, movement or motions caused by the wind, electrical, or mechanical means, flashing 's messages, or other real or apparent forms of motion are prohibited. (f) Prohibited illumination. Illumination of signs utilizing flashing, intermittent, rotating, revolving, oscillating techniques is prohibited. {#)Other prohibited signs. In addition to the prohibited signs indicated above, the following signs are prohibited in the city: (1) Awning signs, unless otherwise provided herein; (2) Bunting, pennants, streamers, and other similar signs or devices normally but not always installed in a series, designed to move with the wind, and usually attached to buildings, trees, ropes, poles, and similar structures; provided, however, the use of pole- mounted banners may be permitted in accordance with Section 78- 292.. -i (3) Murals. unless approved by City Council: (4) Painted wall signs; (5) Flags, URIeGE, ethepwise alle ed s Gtien 7- 8 -87(d Signs created by illumination or shadow casting; (6) Changeable copy signs, efate with the exception of the following which may be displayed as set forth in this division: a. Gasoline price signs located on pump islands or on monument signs: Page 11 of 36 Ordinance 21, 2010 b. Menu pricing sians: c. Building directory signs: and d. Ground sians for government uses, public /private schools. and colleaes /universities located in Public /Institutional zoning districts: (7) Signs with extruded figures or elements; (8) Portable signs; 40) 9Balloons� of balloon signs, or inflatable shapes or figures with or without W4 =Copies or imitations of official signs; t _ rte "0=1 Beacons or searchlights; (4-5) U22 Signs attached to an accessory structure; (46� 13�Signs which emit sounds; 474 141 Exposed neon tubing. neon signs, and LED signs that emulate the general appearance of traditional neon„ sians,�',�t# ^� -ice° ^r ^„i,� °a h°r°in except as provided in Section 78 -286; 48} U55 Signs which emit visible smoke, vapor particles, or odor; 49)i16ISandwich board or "A" frame signs and pole sians, except as otherwise provided herein; (2-0) 0=7 ==Signs which exhibit obscene or illegal written messages or material; (24) 1=$ Snipe signs OF similaF teFnPGFaFy skjAs attached, posted. or located on or to any trees, light poles, utility poles, street light, sidewalk, curb, fire hydrant. ridge, or any other public property, except for public utility, convenience. and arnina sians eF similaF rtFUGtUFes; Page 12 of 36 Ordinance 21, 2010 (224 U99 Signs placed upon benches, bus or transit shelters, or waste receptacles, unless specifically approved by the city council; FOR (20) Signs and sign structures which are not properly maintained or have been abandoned :and (24) 2a1 Any other sign, device, or equipment , eXGluding there signs allow not specifically permitted by this division. [Note: Revisions to clarify signage types, eliminate duplication, and describe certain exceptions. A Severability clause is included to ensure if this Section is challenged, the rest of the Division will not be invalidated.] Sec. 78 -285. Permitted signs. Permanent signs shall be permitted as provided in Table 24. Table 24: Permanent Signs TABLE INSET: Maximum Permitted Max. Size Qf Max. Maximum aLCM Sign Type Zoning Copy Area Sign Number Qf Structure Other Limits Districts (sq. Ft) Faces B&35 Dimensions (1) -Requires solid base not less than three feet high w /out sign copy, excel address numbers or leasing information •1 for first as reaulated by Sec. 78-290. Tem gra 300 lineal i n Non- feet of ROW Height: 10 -Sign copy not to Ground Sign residential 60 r 2 •1 for each feet exceed building (2) feat additional Width: 15 identification and 700 lineal feet three five tenants feet of (not includina ROW leasing information) per sign face. -Tenant names shall be at least 6- inch letter heiaht. -Min. 15 feet setback from ROW. -Min. 50 feet Page 13 of 36 Ordinance 21, 2010 setback from non - ROW property lines. 1 for parcel with at least 100 lineal feet of ROW; A building with -Sign letters shall not exceed 36 inches in height. L_95. O Florida -Sign for building and tenant may have a identification Flat/Wall purposes. -NMT one name or sian facina I- Sign for Principal Structure or Non - residential (3)J4 square feet 1 95 or the Florida None message may be included. •Each principal structure is allowed addit o lPrincipa Tenant f cina its �rimary a flat or wall sign. -Wall sign cannot The exceed more than street. sign facina 1- 70 percent of the immediate vertical 95 the or Florida and horizontal surface area to located which attached. {33 above the second floor. -Sign must face ROW or primary entrance. NMT 5% of -Uniform type, color, area of material, shape & Flat/Wall Sign for Ground Floor Users Non- residential elevation of tenant space or bay. In no case shall copy exceed 1 1 per tenant space or bay gene None style. -Letters NMT 24 inches. -Max. 2 lines of copy. Z9Q�1e -Signs shall not be faet.. located above second floor line or above building parapet. ELitNVd �J NMT 5% of -Soon must face 91 second story Non residential am-of elevation of 1 1 per tenant None ROW or primary entrance, -Uniform tvDe. color. professional tenant BOBOLDT bay or medical material. shape. & aw-e- •Letters NMT 24 office tenants bay, In aQ case shall 14 Page 14 of 36 Ordinance 21, 2010 copy exceed inches. •Max. 2 lines of -Allowed above the ZQ feeL ground floor. •Only allowed for second story tenants of two -story buildings whose tenants have -a primary building entrance facing a major arterial or collector road, or a customer parking lot, and access not through a central 1.Qbb for one -story Non_ residential NMT 5% of 1 — 1 per tenant Ne on •A roof sign is permitted only as substitute for a wall sign not in addition to a wall sian. my for principal tenants or tenants area of elevation of with over 5.000 gross leasable square feet. -Sian letters shall not exceed 36 inches in height for tenant space or Ln case shall copy exceed with over 00 gross buildings with principal tenant: 24 mansard or hip roofs (41 feet for tenants o. feet for other leasable %Bwfe f eet inches for oth er WnanL5. •Sian must face ROW or rip mary entrance. -Roof signs must be tenants. individual letters. -Roof sign supports shall be painted to match the roof. -Cabinet signs are not permitted. Window Sign Non- residential Lesser of 100 square feet or 20% of gross glass area 1 fit- business, of �� None •NMT 624% of total glass area allowed #er mss; epeeEslesed;- cred+t ids— &tetepl�eee L s to be covered by window 0 81266 area allnuged for-goods and Page 15 of 36 Ordinance 21, 2010 -Not more than 50% of any single window or alass door may be covered by signs. .All sign materials must be permanent. -Paper, cardboard, etc., are prohibited. -Signs allowed in ground floor windows only. -Must be attached to wall. -Must be framed or matted. -Not included in area Menu Sign Non- 4 square 1 per for window signs. (Wall- residential feet 1 restaurant None -Enclosed in frame mounted) or casing compatible with building design and color. - Casing shall not project more than 2 inches from wall. 1 per restaurant. - Constructed of Additional durable materials. signs -May be pole= permitted if mounted, "A"n-frame, Menu Sign outdoor Height: 5 or sandwich board. (free- Non- 15 sguare 2 seating feet -May include name, standing) residential feet areas are Width:3 feet hours, credit card, either menu, and price separated information. by 6 feet -Must be stored high wall or inside restaurant not visible to when closed. each other. 1 per building directional Building -Max. 4 feet above Directional Non- 4 square 2 square feet Height: 4 crown of paving or Sign residential feet feet. road. of total bsl'lldin Non- 4 1 per None -Max. 3 feet above Exit and residential feetuare 2 approved HQU2L2 crown of paving or Entrance entry or road. Signs located Page 16 of 36 Ordinance 21, 2010 Signs exit. within a visibility triangle shall not exceed 30 inches in height measured from the surface of the nearest vehicular traffic area. -Min. 2 feet from property line. -Copy limited to EXIT, ENTRANCE, EXIT ONLY, etc. -Internal illumination only. -Shall be Wocated in landscaped area. -Drive-through restaurants only. -internal illumination only. -May include anaeable coov. -Must be landscaped Height: 5 consistent with Menu Board Non- 20 square 2 1 per feet division 7-8of article residential feet restaurant Width: V. None -Located NMT 100 feet from principal building. -May have remote or electronic service. -Shall not be located adjacent to residential zoning districts. -May include changeable copy. -May be integrated Gasoline 15 square 2 1 None into another sign. Price Sign feet -Sign with price integrated shall not exceed permitted sign size. -May be suspended from soffit or eave. -Must be parallel to Occupant Non- 6 soffit or eave. Identification residential feet 2 1 None -Min. clearance of 8 Sign feet from bottom of sign to top of walkway. -Located at main Page 17 of 36 Ordinance 21, 2010 entrance. May be externally illuminated. •2 or more buildings on same parcel or 1 per development. building with -internal illumination tenant or only. business Height:6 -Located within a 25 Building 18 square spaces not feet feet radius of main Directory feet 1 directly Width: entry to building. Sign accessible None -May be a from changeable copy building sign. -Shall be placed in exterior landscaped area. -Vehicle pull -off may be required. -Only time and Time and NMT 25% of Permitted temperature may be Temperature Non- total sign 1 only as part None. displayed. Sign residential area of a wall or -Size to be included flat sign. within overall size of principal sign. Commercial Pole- and/or 1 per light 3 feet width •Meet all mounted Mixed Use 21 square 2 pole and /or by 7 feet requirements in Banner and /or feet pedestrian length Section 78 -292 Public pole Institutional arm -per -Letters may not epAfy 2-m exceed 24 inches in Perimeter community height. Wall or Entry entranceway -illumination limited 1 sign o Feature 1 to backlighting with Ground Residential; 60 square r i either side None opaque letters or in Signs for Mixed Use feet of entrance. . ground lighting for or 1 sign h Residential median letters. center Development -Residential entry 2 median of feature signs to steal community be approved by city entrance Aux"Ayl council. Changeable • Only allowed for government uses. public/ rid vate coov /digital around sign Public/ Institutional feet 2 - 1 schools, and colleges /universities feet Width: gip[ Institutional zoning 15 feet 2 districts- .Requires solid base not less than three Page 18 of 36 Ordinance 21, 2010 1 1 -- 40MOMIMIL4111 1e1 Notes to Table 24. *Non- residential (includes commercial portion of residential PUDs or PCDs. ROW = Public road right -of -way. NMT = Not more than. (1) Height measured from average grade unless otherwise noted. Notes to Table 24 02 Ground sign must be landscaped as provided below. a. Front: minimum width shall be not less than the height of the sign. b. Side: minimum width shall be not less than the height of the sign. c. Rear: minimum width shall be three feet. .. - M7-- (3) For commercial, retail, or commercial portions of projects within Mixed Use land use desianations that front directly on a major roadway (arterial or collector) with no front parking, one additional sign is allowed on the rear elevation of buildings, as long as the customer parking and access is located in the rear. 4) Only for buildings existing as of September 30. 2010. [Notes for Section 78 -285. Permitted Signs section]: 1. Ground signs: a. Permits address numbers or leasing information on the bottom three feet of a ground sign. b. Allows an increase from a maximum of three to a maximum number of five with the caveat that the maximum total size of the copy area remains unchanged at 60 square feet. Page 19 of 36 Ordinance 21, 2010 c. Adds a minimum of 6 -inch high lettering for tenant names to maintain readability. 2. Flat/Wall Sign for Principal Structure or Principal Tenant. a. Simplifies the maximum size to 90 square feet. b. Allows one additional sign facing Interstate 95 (1 -95) or the Florida Turnpike for buildings directly adjacent to these limited access roadways. In addition, these additional signs may be allowed above the second floor. 3. Flat/Wall Sign for Ground Floor Users a. Clarifies sign area size by restricting total size to 70 square feet, or not more than five percent of the area of the tenant space or bay, whichever is less. 4. Flat/Wall Sign for Second Floor Professional or Medical Office Tenants in Existing Buildings: a. Allows additional tenant signage for office tenants on the second floor whose primary entrance is through the front fagade and face any right -of -way, including the customer parking lot. In other words, direct access to the second floor space must be from an exterior door on the second floor, not through the main lobby entrance. The restrictions for size, number, and uniformity are similar to ground floor tenants. This option will apply only to existing buildings. New buildings will need to meet regular sign regulations. 5. Roof Signs for One -Story Buildings with Mansard or Hip Roofs for Existing Buildings: a. Allows roof signs as a substitute for a wall sign in one -story structures with mansard or hip roofs. Roof signs would not be listed as a prohibited use, but would be permitted as described in the pennanent sign table. The signage size and other regulations are similar to the flat1wall signs currently allowed. This option will apply only to existing buildings. New buildings will need to meet regular sign regulations. b. Allowed only for principal tenants or tenants with over 5, 000 gross leasable square footage. c. Cabinet signs prohibited. 6. Window Signs (Window signs currently have specific size requirements based on content. Currently, sign regulations allow not more than 5 percent of total glass area for name, hours, open /closed, credit cards, and telephone numbers, and not more than 15 percent of total glass area for goods and services offered.) a. The proposal allows not more than 20 percent of total glass area to be covered by window signs. (This will remove regulating content while maintaining the same total percentage of window coverage.) b. The modification also removes the restriction of one window sign per tenant or bay, but adds a requirement that not more than 50 percent of any single window or glass door may be covered by signs. c. Only allowed for ground floor windows. Page 20 of 36 Ordinance 21, 2010 7. Building Directional Signs (Currently building directional signs are limited to one per building. However, shopping centers or institutional uses, such as hospitals and churches, with one or two large buildings with several points of access often need more directional signage.) a. The proposed modification would add the following language: "Maximum number of directional signs can be one per building, or one per 10, 000 square feet of total building square footage in proiect." 8. Exit and Entrance Signs a. Adds height restriction of three feet. b. Adds further restriction that signs located in visibility triangle shall not exceed 30 inches in height from the surface of the nearest vehicular traffic area, in order to be consistent with engineering requirements. 9. Menu Board a. Allows changeable copy. b. Updated to correct division number of landscaping regulations. 10. Perimeter Wall or Entry Feature Signs for Residential Development a. Requires landscaping around base of sign. b. Adds Mixed Use to the Permitted Zoning District. c. Clarifies number of faces based on whether sign is placed in entry median or not. d. Increases number of signs from one to two signs per entranceway; one sign on either side of the entrance, or one sign with two faces in the median. e. It is important to note that all residential entry feature signs will still require City Council approval. 11. Changeable Copy /Digital Display Ground Sign (Currently changeable copy signs are not allowed, except for gasoline sales, menu signs, building directory, and traffic control /traffic information. This would allow permanent, changeable copy signs for public information purposes to be located on publichnstitutional zoned land.) a. Same size, setback, and landscaping requirements as Ground Signs. b. Only one per property. 12. Notes to Table 24 (the notes to the permitted sign table have been modified as follows): a. Scriveners Error - #2 was missing from the Ground sign landscaping provisions. This has been corrected. b. Previous note regarding maximum size requirements was eliminated. The maximum size requirement has been simplified to 90 square feet only and moved into the table. The remaining restrictions were eliminated as unnecessary. c. A new note ( #3) is added. This note allows commercial retail, or commercial portions of projects within Mixed Use land use designations, that front directly on a major roadway (arterial or collector) with no front parking, one additional sign on the rear elevation of buildings. This is allowed as long as the building's primary access is from the rear and customer parking is located in the rear. This Page 21 of 36 Ordinance 21, 2010 will eliminate a waiver to allow a second sign, which is needed to help patrons identify store names from the rear parking lot [End of Notes for Section 78 -285. Permitted Sign Section.] Sec. 78 -286. Illumination. (a) Permitted illumination. (1) Nonresidential zoning districts. Ground, flat, or wall signs shall be illuminated utilizing the following: backlighting, internal lighting, or permanently fixed and encased lighting from below, and external to, the sign surface. External lighting greater than 15 watts is prohibited unless properly shielded to prevent glare upon adjacent public rights -of -way or adjacent property. The department may require PhGte r+s photometric or other studies to ensure sign lighting will not adversely affect the public health, safety, and welfare. (2) Residential zoning districts. Only backlighting with opaque lettering and permanently fixed and encased face lighting from below the sign surface shall be permitted in residential zoning districts. (b) Neon signs and LED signs. Neon and /or LED signs are permitted within a building, provided such signage is not visible from a public right -of -way, except as otherwise provided herein. (c) Permitted neon signs. An exposed neon sign or LED design which emulates the appearance of a neon sian may be displayed and be visible from a public right -of -way so Iona as ll�the total sign area shall not eXGeed is three square feet or less;_ ft7 eel A [Note: LED signs are added to neon signs as illuminated signs permitted within buildings. These signs shall not be visible from any public right -of -way. One exposed neon sign or LED sign of similar appearance to neon signs is permitted to be visible from public rights -of -way as long as it does not exceed three square feet in size. Allowing only the word "open" is eliminated because it is content based. The color restriction of white only is also eliminated.] Sec. 78 -287. General standards. The following standards are applicable to all permitted signs. Page 22 of 36 Ordinance 21, 2010 (a) Sign materials. All lettering, logos, and other such identification markings on signage shall be permanent and not interchangeable, unless otherwise proved row herein. Landscaping. Ground signs shall be landscaped. The minimum landscape area dimensions are indicated below. (1) Front: minimum width of the landscape area shall be the height of the sign. (2) Side: minimum width of the landscape area shall be the height of the sign. (3) Rear: minimum width shall be three feet. Landscape areas associated with ground shall be irrigated, unless waived by the growth management department, and shall be maintained as required by section 78 -329. Up Flags. Not more than three flags and three flag poles shall be located on any single property. OF GGFpeFate entities. On any PFOPeFty, only one of eaGh peffRitted flags Fnay be displayed. A retail r-,n--Uba diving 6hap may display the FeGognized rrauba dove flag On lieu e#... L-d flag. Flag poles shall not exceed 25 feet in height. One flag per pole is permitted. The area of a flag shall conform to the requirements listed below. Additionally. no flap pole shall be located any closer to any property line than the height of the flag pole as installed The number. size, and height of flags and flag poles may be increased with City Council approval. TABLE INSET: Height of Flag Pole Maximum Flag Area Maximum Dimensions 20 to 25 Feet 48 40 square feet 5 feet by 7 8 feet Less than 20 Feet 45 24 square feet 4 feet by 6 feet (e) M Logos. Logos or any federally=-registered trademark may be permitted as part of a sign as follows: ajaIf designed as an integral part of the advertising copy; ��Z If consistent with an approved color scheme of the master sign plan; and elf displayed as registered. r-515 L L WIDTH r — � OEM Figure 13a (f) Calculation of sign area. CHANNEL .�I, j,ETTER,q; ^ WOTH S J ; " .1 Page 23 of 36 Ordinance 21, 2010 (1) Sign area. Sign area shall be calculated as illustrated in Figures 13a and 13b. The area of a sign face shall be calculated by means of the smallest rectangle that will encompass the entire area of a sign, including all letters, numbers, characters, logos, emblems, information, or other display. The sign area shall include any materials or colors utilized to differentiate the sign from the backdrop or structure on which it is placed, including all materials to form the cabinet or other structural members of the sign. Sign area shall not include any supporting framework, bracing, or decorative fence or wall when such wall is consistent with the requirements of section 78 -285. OD SHAK I DDO stMPE � 1 � yyjpTH� MULTIPLE , A — • ;ELEMENTS Figure 13b (2) Sign area of multi -faced signs. Sign area for multi -faced signs shall be calculated as indicated below and in Figure 14. a. The area of a double -faced sign with sign faces that are parallel or the interior angle of the two faces is 15 degrees or less shall be calculated using the area of only one sign face. Page 24 of 36 Ordinance 21, 2010 15 prsnrr w Lrrr �lM�rrrw «(�wr `=`W N ? SIDED ANGLED SIGN 2 SIDED $ION OVER 15 • 15 . OR UNDER wiml x NEKM rr' - sm AFEf VMTR x MWf- SNOW AREA WW W1 1 HMW n'- MW AWA Figure 14 b. The area of a double faced sign with sign faces having an interior angle of more than 15 degrees, the area of both sign faces shall be added together to determine total area of a sign. c. The sign area of multi -faced signs is calculated based on the principle that all sign elements that can be seen at one time or from one vantage point should be considered in measuring that particular sign face. (Note: A restriction of signage near residential areas is being removed. Flag setbacks are added, and flag dimensions are revised. The number, size, and height of flags and flag poles may be increased with City Council approval. Fence or wall sign area calculations are deleted because the same issue is covered in Sec. 78 -287 (f)(1) and fence signs are temporary in nature and are not encouraged as permanent signs.] Sec. 78 -288. Sign program. The growth management department may require any development order application for a PUD, PCD, MXD, or conditional use to submit an overall master sign program. The master sign program shall indicate location, u r size, font . type of sign, landscaping, and illumination of proposed signs. `=`W (Note: A restriction of signage near residential areas is being removed. Flag setbacks are added, and flag dimensions are revised. The number, size, and height of flags and flag poles may be increased with City Council approval. Fence or wall sign area calculations are deleted because the same issue is covered in Sec. 78 -287 (f)(1) and fence signs are temporary in nature and are not encouraged as permanent signs.] Sec. 78 -288. Sign program. The growth management department may require any development order application for a PUD, PCD, MXD, or conditional use to submit an overall master sign program. The master sign program shall indicate location, u r size, font . type of sign, landscaping, and illumination of proposed signs. Page 25 of 36 Ordinance 21, 2010 [Note: Master sign program requirements are clarified.] Sec. 78 -289. Exempt signs. (a The signs listed below are permitted signs; and are exempt from the requirements of this division. (1) Mailboxes. Roadside mailboxes. (2) Residential identification signs. Residential building identification, displaying the name or property occupant or street address, provided such sign is less than four square feet. (3) No 6GIiGitiR9!! Warning signs. Signs prohibiting peddlers or solicitors, indicating security such as burglar alarms, or "beware of bad animal" signs. Signs of this nature shall be located at the entrance of the building or residence, or adjacent to fenced areas. (4) Traffic control /traffic information. Traffic control, directional, and u lic information /warning signs placed in public rights -of -way by federal, state, county, city, and other public agencies or at the direction of or as required by same. (5) Interior signs. Signs located within a building; and not visible from a public right -of -way. (6) Courtyard signs. Signs located on the exterior elevation of an interior courtyard, provided such signs are not visible from a public right-of-way, parking let; or abutting residential zoning district. (7) Vehicle advertising. Motor vehicles with business names, business addresses, telephone numbers, contractor certification numbers, logos, and similar information painted or embossed on vehicle surfaces, when otherwise permitted or required by law. Parking of such vehicles shall be limited as provided below. a. Motor vehicles} including, but not limited tot trucks, vans, and automobiles, and any trailer towed by such vehicles, with business signage shall not be parked in e# scree* parking aF any location for the rip mary purpose of advertising a business or service. b. The owners of commercial or industrial properties, or their legal tenants, whose vehicles are registered, licensed, and fully operational for company use are exempt from Sec. 78- 289(a)(7)a. for the purpose of parking such vehicles on site in the normal course of business. Page 26 of 36 Ordinance 21, 2010 [Note: "No soliciting" signs are broadened to "Warning" signs to provide a clearer description. "Traffic information" is added to "Traffic control" signs, because these signs can also be used to provide public information. The amendment to vehicle advertising would allow vehicles with advertising to park at a commercial location, if the company to which the vehicle belongs is a tenant at that location. This will prevent companies from having to find off -site or screened parking locations for company vehicles.] Sec. 78 -290. Temporary Sligns Aallowed. (a) Permitted temporary signs. Temporary signs allowed within the city are listed in Table 25. (b) Approval. Temporary signs shall be approved by the building divisieR cam. Signs not approved by the building gitty are subject to immediate removal by the city, at the expense of the owner. Temporary signs shall comply with the standards listed below. (1) Illumination. Temporary signs shall not be illuminated. (2) Setbacks. Temporary signs shall be setback at least 45 eight (8) feet from the right -of -way line and must comply with section 78- 283(c). t #ellewi W. h The erne of pavement• Gr , (3) Maximum height. A temporary sign shall not be higher than five feet above the GFGWA of the Fead adjaGent to the sign average grade at the property line nearest the sign. (4) Permitted sign types. Only pole or sandwich - board -type signage shall be used for temporary signs. [NOTE. The changes are administrative in nature and provide consistency in measuring the setback requirements for enforcement.] Table 25: Temporary Signs TABLE INSET: Page 27 of 36 Ordinance 21, 2010 Type of Sign Maximum Earliest Final Notes and Size Installation Removal Remarks (Sq. Feet) Date Date -Residential - 1 sign per candidate or issue per residential dwelling AKOd - Residential - -1 6ign peF none Not more than 60 days prior op-lot Nonresidential --1 or to the election to Sian per candidate issue per which it relates or the date of -Residential - nonresidential parcel -Residential - candidate none Z_dw Signs may not be -Signs Political` 6 square feet -Nonresidential - qualification. if after the election Iicable. -Nonresidential - placed public 32 square feet -Nonresidential - 5Z days after . property. -Signs may not 30 days befeFe tf� election — placed in public rights- I- of -way. •Signs may not or Feferendum. obstruct vision at Same as corners, intersections, Residential etc. - Applicable to federal, state, county, and local elections. Residential -_1 sign residential dwelling parc-el .1 sign per or let Nonresidential --t sign per nonresidential parcel or let. -Sign may be installed -Residential - in lieu of any permitted Free Speech 6 square feet .Nonresidential - None None nonresidential sign Sign as permitted by -Signs may not be placed on public sign regulations property. -Signs may not be placed in public rights - of -way. -Signs may not obstruct vision at corners, intersections, etc. Page 28 of 36 Ordinance 21, 2010 Sale of Land 16-- epeFty Sale: Residential 6 Day open house Day open house Open House* begins closes Sale: Nonresidential 16 I Day open house Day open house Open House begins closes dale; Perflen -e# $ 46_ When building 9#eFed fGF sale e development nrdp- F 0rsued 6 days afteF s e sieses- Rent OF Lea tH— When building n development —4— t 5 days aftef rcn4pd 0 rr I^^wA�_. 1QQ0Ad — f{Mt1dFYtif -YH-- dewve^li��epmentti� issued 'Fe^nttC^^d a teaOetl- �— When complete On receipt of Development 32 development order first certificate of Sign application filed occupancy with city On receipt of Project Issuance of final certificate .No more than two Suppliers /trades 32 building permit of l sions sha be permitted atone time. occupancy Grand Opening/ 10 days after Project Opening/ 32 7 days before opening r g •May be �rmitted as a New Businesses event event banner. Outparcel /Phase 32 7 days before 10 days after Opening event opening Event/Sale N.Gt fGF 46— days before salelevent 1 day after fit— er�ani�at+eq erg SpeGial P+Gfit — 46--- 7 days befeFe event der saWeVO,,t 441163t GOMPly With se il approved Page 29 of 36 Ordinance 21, 2010 I WE TE - .I u- .- G.Izl I a I I t-. 2 L91 -_ Vyl RT i• - i - i .I u 1 11 -11 1111111417-1111110101 ►,. School/Day Care /Nursery 30 days before -. istration 30 14 days after registration ��. .- .- n �-• - IMF •,��- I..- P._ before sale 1 sign for the Special Event � . _. - - Construction Entrance issuance of clearing, land alteration, building permit On - -. of final certificate of .. Page 30 of 36 Ordinance 21, 2010 NOTES TABLE 25: * Exempt from fees and permit registration provided the sign complies with the requirements set forth in Table 25 and the Florida Building Code, as applicable. ( * *) A written request for a 30 -day extension may be granted administratively provided the permanent sign is not completed but is in the process of completion. [Note: the Notes for Table 25 are clarifying the types of temporary signs that are exempt from fees and permits, provided they meet the criteria in Table 25 and providing an extension to the name change covering, provided the applicant is working with the City in the process.] [NOTE. The changes in Table 25 include: • Specifying the number of political signs and the installation and removal timeframes; • Clarifying the temporary signs which are exempt from applying for a permit; however, they must meet the criteria in the table; • Providing a maximum number of signs for project suppliers /trades; • Removing the temporary sign criteria for non - residential sale, lease, and rentals because, due to the nature of the economy, a business may always have one tenant space available, therefore allowing the temporary sign to remain and deteriorate. These signs are proposed to require a yearly permit with renewals based on the new criteria listed in a section below; • Consolidating the special event signage criteria and making it consistent with the special event section (78 -187); • Adding an event signage /sale - for - profit category for those applicants that would like a temporary sign for a special occasion (such as Easter church services) but are not considered a "special event "; • Adding right -of -way banner criteria consistent with the special event section (78 -187); • Providing a maximum number of signs for school /day care /nursery registrations and allowing the sign to remain for 14 days after registration; • Adding criteria for a name- changelground sign covering allowing a business (such as a bank) to temporarily have the new name over the permanent ground sign while it is in the process of making the new sign; and • Removing the criteria for "outside sales /sites without buildings" signage because currently the City requires a special event permit for any sales that occur on vacant parcels (such as Christmas trees).] • Allowing temporary banners to only be used for special event signage, grand openings and /or new businesses, and school registrations. (6) Maximum sign faces. A maximum of two faces will be allowed for each temporary sign. Page 31 of 36 Ordinance 21, 2010 7) Maintenance. All sians shall be kept in good condition, present a neat appearance, and be maintained free of debris, stains, mold, discoloration. or deterioration. 8) Hazard. A sian shall not directly or indirectly create a traffic or fire hazard or interfere with the free and unobstructed use of streets or sidewalks. [NOTE: Allows for enforcement of the maintenance and placement of temporary signs.] 9) Permit. a. A city temporary sian permit is required for all te_mporary signs except those exempt as shown in Table 25. b. Nonresidential sale of portion of building, rental, or lease permit. 1. An application for temporary sianaae will be made with the city. All applications will be issued and renewed administratively by the city. 2. If approved, a permit for temporary sianaae will be issued for a period of no lonaer than one year. A renewal permit may be submitted annually if the applicant is in compliance with the city's standards. 3. An administrative fee will be charged for the issuance of the temporary sianaae permit as regulated by the fees and charges schedule on file. [NOTE: Creates a process by which an annual permit will be submitted and approved.] 4. Standards. Sianaae must be in compliance with all temporary sianaae standards and meet the criteria below: i. Size. Maximum square footage of the sign is 16 square feet. Sian post. Post shall be a 4x4 treated wood post or other acceptable material. The minimum number of posts shall be two. The posts shall be directly buried into the ground at a minimum of two feet. Use of concrete is prohibited. iii. Backing. _ Sian shall be _installed on __a _ Y inch plywood. Plywood shall be attached with weather - resistant screws. iv. Color. The entire sign must be painted and have no more than two colors, includina the letters. The colors of the sian must be consistent with the approved principal color of the development Page 32 of 36 Ordinance 21, 2010 and /or building. c. An additional leasing sian not exceeding 12 square feet may be incorporated into the project's monument sign within the three (3) foo required base, if provided. Letter size shall be no less than five (5) inches for around signs. Must have no more than two colors and be consistent with the aeneral design of the monument sign. A sign permit must be submitted and approved by the city. [NOTE: Creates standards for the temporary signs that are enforceable and aesthetically pleasing. Also allows the leasing information to be placed on the monument sign of developments as a temporary sign which minimizes signage and still is aesthetically pleasing to the public.] (c) Removal. (1) Hurricane watch. Any temporary sign installed within the city shall be removed by the owner or city if a hurricane watch is posted. The city shall not be responsible for the replacement of such signage after a hurricane watch is discontinued. (2) Violations. The city shall have the right to remove any temporary signage in violation of this section. (d) Number. Each side of a property facing a public right -of -way is allowed one temporary signs as permitted in Table 25 Each side of a property facing a private right - of -way may be allowed one temporary sign as permitted in Table 25 at the discretion of the arowth manaaement director, or designee. (e) Prohibited materials. Paper, cardboard, or other such material subject to rapid deterioration shall not be used for any sign that is to be displayed for more than 30 consecutive days. [NOTE: Allows for additional temporary signage for the private right -of -way.] Sec. 78 -291. Non - commercial messages. U Notwithstanding anything in this article to the contrary, any sign erected pursuant to the provisions of this article may, at the option of the applicant, contain either a non - commercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises pursuant to the following regulations: (1) The non - commercial message may occupy the entire sign face or portion thereof. Page 33 of 36 Ordinance 21, 2010 (2) The sign face may be changed from commercial to non - commercial messages as frequently as desired by the owner of the sign, provided that the following is true: a. The size and design criteria conform to the applicable portions of this article; b. The sign is allowed by this article; c. The sign conforms to the requirements of the applicable zoning designation; and d. The appropriate permits are obtained. (3) For the purpose of this sign code, non - commercial messages shall never be deemed off - premises signs. Sec. 78 -292. Pole- mounted banner criteria. Pole- mounted banners shall only be permitted in public institutional, commercial, or mixed -use zoned areas for the limited purposes of brand identification or as a holiday decoration; provided the following conditions are met: (a) A miscellaneous plan approval by city council is required for all pole- mounted banner programs, except those installed on city property by the city. Any additional pole- mounted banners, graphics, locations, or increase of sign square footage other than what was previously approved by city council requires a new miscellaneous plan review approval. As part of the application process, the applicant must complete a detailed sign program to include: 1. A copy of a current site plan showing all the proposed locations where the pole- mounted banners are to be placed; 2. The light pole detail upon which the pole- mounted banner is to be located; 3. The pole- mounted banner's copy shall be limited to the name of the development, the development's logo, and development's branding, which does not include any individual business name, tenant, or individual business' logo. 4. All graphic designs, variations, and /or seasonal sets of the banners must be provided for city council review and approval in accordance with the criteria set forth herein. City council may prescribe specific time periods during which a particular seasonal set of banners may be displayed if approval of more than one set of banners is sought by the applicant. (b) The program must satisfy the following requirements: Page 34 of 36 Ordinance 21, 2010 1. Pole- mounted banners must be located on an existing light pole; 2. One (1) pole- mounted banner per light pole may be permitted; 3. Pole- mounted banners on light poles shall be two -sided with the identical design on each side; 4. Trees, palms, or shrubs shall not be pruned beyond the limits of the city codes or accepted maintenance standards in order to facilitate the placement of any banners; 5. Banners shall not interfere or block any existing or future traffic or pedestrian controls or signage; 6. Within 24 hours of announcement of a tropical storm or hurricane watch by the National Hurricane Center, which places the city within the "3 -day cone of probability," all pole - mounted banners shall be removed; 7. The city may require the removal of any pole- mounted banner should the city find that the pole- mounted banner is in a state of disrepair or is not being maintained appropriately with respect to accepted maintenance standards (e.g., not faded, free from rips and tears, properly attached, untattered, and generally in a state of good repair). The applicant shall either remove or replace the banner within ten (10) calendar days of being noticed; 8. All poles holding or supporting pole- mounted banners shall require a building permit in order to verify the safety and wind loads of the banners; 9. Pole- mounted banners shall only be interior to a particular site or development and shall not be placed in an area immediately adjacent to a public right -of -way; 10. Light poles with pole- mounted banners shall be a minimum of fifteen (15) feet from the property line, and no portion of the pole- mounted banner shall extend into or be visible from a public right -of -way immediately adjacent to the property or development upon which such pole- mounted banners are located; 11. The minimum clearance of banners above the finished grade shall be eight (8) feet; 12. Non - rectangular pole - mounted banners shall conform only to the maximum banner area criteria providing that a minimum clearance of eight (8) feet above the finished grade is maintained; 13. Banner Size: Page 35 of 36 Ordinance 21, 2010 a. Pole- mounted banners on light poles shall meet the following dimensions: Height of Maximum Maximum Light Pole Banner Area Dimensions 20 to 25 Reet 21 square feet 3 feet width by 7 feet length Less than 20 4.5 square feet 1.5 feet width by 3 feet feet length b. A banner's highest point shall not exceed the highest point of the pole upon which it is mounted. Secs. 78-293-78-300. Reserved. Sec. 78 -751. Definitions. Sign, v nt i ncag means_ temporary sianaae used to notify the public that a special occasion and /or a special sale is taking place but does not meet the definition as a special event. Sian, Right -of -Way Banner means sianaae that has letters, illustrations, or drawinas that are applied to fabric or vinyl and are attached to a street pole or light pole in the public right -of -way, the placement of which has been properly permitted by the government agency that owns the right -of -way. Surface area means the area of the facade upon which a sign is located and includes the rectangle created by vertical walls or building edges and architectural features such s doors, windows, bandina, or other architectural elements located above or below the proposed sign area. Visibility triangles (aka: safe site distance triangles) the area at the corner of two intersectina roadways or a roadway and driveway where placement of visual obstructions, such as landscaping or signs shall be limited. [NOTE: Four new definitions related to the sign code are proposed for the Definitions section.] STAFF ANALYSIS The purpose of proposed amendments described above is to bring the City's sign code up to date, and to make the regulations and their enforcement more effective. The modifications will also reduce the number of waiver requests by allowing additional signage for types of signs commonly granted waivers. This will simplify some of the Page 36 of 36 Ordinance 21, 2010 more common signage requests from residents and business community, and make regulating, enforcing, and processing requests for signs more efficient for staff. PLANNING, ZONING, AND APPEALS ACTION At the July 20, 2010, meeting of the Planning, Zoning, and Appeals Board (PZAB), this item was postponed to a date certain time of August 10, 2010, at 6:00 p.m., to give the board and business community more time to meet with staff and further review the proposed amendments. On August 10, 2010, the Planning, Zoning and Appeals Board recommended unanimous approval by a vote of 6 -0. RECOMMENDATION Staff recommends approval of Ordinance 21, 2010 on first reading. Ordinance 21, 2010 ORDINANCE 21, 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. AT ARTICLE V. BY REPEALING DIVISION 7. SIGNS. AND READOPTING SAME, AS REVISED, IN ORDER TO COMPREHENSIVELY REVISE AND CLARIFY THE CITY'S SIGN CODE; FURTHER AMENDING CHAPTER 78. AT SECTION 78 -751. DEFINITIONS. BY ADOPTING NEW DEFINITIONS FOR "SIGN, EVENT SIGNAGE", "SIGN, RIGHT -OF -WAY BANNER ", "SURFACE AREA ", AND "VISIBILITY TRIANGLES (AKA, SAFE - SITE TRIANGLES) "; 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. WHEREAS, the City of Palm Beach Gardens sign regulations were last updated in 2000 as part of the rewrite to the entire Land Development Regulations; and WHEREAS, the City Council has determined that a need exists to update and modify the signage, special events, and outdoor seating regulations in the City of Palm Beach Gardens; and WHEREAS, City staff has initiated amendment (Petition LDRA- 10 -03- 000029) to the City's Land Development Regulations amending Chapter 78. Land Development. Division 7. Signs. and Section 78 -751. Definitions. in order to address the City Council's concerns; and WHEREAS, on June 17, 2010, the City Council discussed and provided direction based on proposed amendments for Division 7. Signs. provided by staff and input from the public; and WHEREAS, the proposed code changes are consistent with previously - discussed criteria; and WHEREAS, on August 10, 2010, the Planning, Zoning, and Appeals Board conducted a public hearing and recommended approval and adoption of the proposed amendments to the City Council with a vote of x -x; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. Ordinance 21, 2010 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. Chapter 78. Land Development Regulations. of the Code of 5 Ordinances of the City of Palm Beach Gardens, Florida is hereby amended by repealing 6 Division 7. Signs. in its entirety and readopting same as revised; providing that Division 7 7. Signs, shall hereafter read as set forth in Exhibit "A ", which is attached hereto and 8 incorporated herein. 9 10 SECTION 2. Chapter 78. Land Development Regulations. of the Code of 11 Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 12 78 -751. Definitions. by adopting the new definitions for "Sign, Event Signage ", "Sign, 13 Right -of -Way Banner ", "Speakers ", "Surface Area ", And "Visibility Triangles (Aka, Safe - 14 Site Triangles) ", which shall be placed within Section 78 -751 in alphabetical order; 15 providing that the new definitions set forth hereinabove shall hereafter read as set forth 16 in Exhibit "B ", which is attached hereto and incorporated herein. 17 18 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 19 hereby repealed. 20 SECTION 4. Should any section or provision of this Ordinance or any portion 21 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 22 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 23 24 SECTION 5. Specific authority is hereby given to codify this Ordinance. 25 26 SECTION 6. This Ordinance shall become effective immediately upon adoption. 27 28 29 30 (The remainder of this page intentionally left blank) 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 21, 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 ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney G:\attorney_ share \ORDINANCES\2010 \Ordinance 24 2010 - sign code — outdoor seating amendments.doc Ordinance 21, 2010 EXHIBIT "A" DIVISION 7. SIGNS* Sec. 78 -271. Intent and purpose. (a) The purpose of this division is to create the legal framework for a comprehensive and balanced system of signage to facilitate peen people and- -their enwfeflme nt the effective use of signs as a means of communication in the city and to avoid the visual clutter that is petentiatly harmful to traffic and pedestrian safety, property values, business opportunities ,-and community appearance. With these purposes in mind, it is the intent of this division to auth„rize +ho - -- —. _..211_1 1-...... __ .....� .,.....r ....,... ...... ....... .,.....,.........�.., ,.r.r ...r,..,.,,. ... �.... t displays them, expressive of the identity of the individual artivities and the GeFnMUR*ty as a whole, and legible On the GiFGUFnstanGes in WhiGh they are seen enable e fair and consistent enforcement of these sign reaulations and to promote the implementation of the city's comprehensive future land use plan. Additionally, it is the intent of this division to provide regulations which achieve the following: (1) Property value protection. Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness, or movement. Signs shall be in harmony and compatible with the buildings uses, and other conforming signs in the zoning district. 2 Communication. Signs shall not deny other persons the use of sight lines on public rights -of -way, shall not obscure important public messaaes, and shall not overwhelm or distract the traveling public. 3 Preservation of communitv's beauty. Palm Beach Gardens includes numerous planned developments with large landscaping buffers, consisting of small and large office. retail. residential, and industrial uses and relies heavily on its natural surmundinas and beautification efforts to retain the City's economic viability. This concern is reflected by the active and obiective reaulations of the appearance and design of signs. 4 Pr t ction of the public health, safety, and welfare. It is the specific intent of this division to provide objective, content neutral regulations of time, place, and manner in order to preserve and protect the public health, safety, and welfare. A -1 Ordinance 21, 2010 (b) Regulations strictly enforced. It shall be unlawful for any persons to post . display, change, or erect a sign or sign structure that requires a permit without first having obtained a permit in accordance with section 78 -276. Signs or sign structures erected without a valid permit shall be deemed in violation of this chapter, and it shall be mandatory to obtain the applicable permit, or remove the sign or sign structure immediately. All signs not expressly permitted by this chapter are strictly prohibited. (c) Severability. (1) Generally. It is the declared legislative intent of the City Council of the City of Palm Beach Gardens that should any if any part, section, subsection, paragraph subparagraph, sentence, phrase, clause, term, or word of Division 7. Signs. is declared unconstitutional by the final and valid judgment or decree of any court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase. clause. term, or word of this division. 2) Severability where less speech results. This subsection (c)(2) shall not be interpreted to limit the effect of subsection (c)(1) above, or any other applicable severability provisions in the land development code or any adopting ordinance. The city council specifically intends that severability shall be applied to these sign r aulations even if the result would be to allow less speech in the city, whether by subeectina currently exempt signs to permitting or by some other means. 3) Severability of provisions pertaining to prohibited signs. This subsection (c)(3) shall not be interpreted to limit the effect of subsection (c)(1) above. or any other applicable severability provisions in the land development code or any adopting ordinance. The city council specifically intends that everabili shall be applied to Section 78 -284. Prohibited signs and prohibited sign locations., so that each of the prohibited sign types listed in that section shall continue to be prohibited irrespective of whether another sian prohibition is declared unconstitutional or invalid. 4) Severability of prohibition on off - premises signs. This subsection (c)(4) shall not be interpreted to limit the effect of subsection (c)(1) above. or any other applicable severability provisions in the land development code or any adopting ordinance. If any or all of Division 7. Signs. or any other provision of the city's land development code is declared unconstitutional or invalid by the final and valid 9dament of any court of competent jurisdiction, the city council specifically intends that that declaration shall not affect the prohibition on off - premises sians in Section 78 -284. Sec. 78 -272. Application. The regulations of this division shall apply to all signs within the city. A -2 Ordinance 21, 2010 Sec. 78 -273. Nonconforming signs. (a) Retention of existing signs. Every legal sign existing as of , 1999September 30. 2010, and which is a type of sign not permitted in this division or is not consistent with the requirements of this division may be continued or retained until januaFy 7, 2000 September 30. 2016, seURsil. (b) Expiration, removal, and exempt signs. Upon expiration of the time period stated in subsection (a) above, all affected signs shall be removed immediately by the property owner. Signs exempt from this requirement are listed below. (1) PUD signs. Signs which have been specifically approved as part of a PUD, PCD, or site plan within a PCD. (2) Flat wall signs. Existing flat wall signs below the third floor of a multiple story building or the roof line of two -story office buildings shall be allowed to remain indefinitely. However, these signs are subject to the nonconforming structure provisions of section 78 273 78 -715. (3) Residential development signs. Signs located within residential zoning districts which indicate the name of a residential subdivision or development. (4) Certain nonconforming signs. Signs made nonconforming by sign regulation revisions adopted by GFdenanre 26, 1999. Ordinance 21. 2010 are subject to the nonconforming structure provisions of section 7-9 273 78 -715. (5) Annexation. a. Any permanent sign existing on property annexed into the city, not permitted under this division but lawful at the time of annexation, shall be removed or otherwise brought into compliance, no later than six years from date the city comprehensive land use plan change affecting the property is adopted by the city council. b. Temporary signs which are not permitted by this division shall be removed within 60 days from the date of adoption of the comprehensive land use plan amendment which pertains to such property. (c) Amortization. The time period provided in this subsection is for the purpose of amortizing the costs of a sign created or existing on or prior to adoption of the ordinance from which this section originally derived by virtue of lease of location or sign space, or through annexation into the city. A -3 Ordinance 21, 2010 Sec. 78 -275. Addresses. All residential and nonresidential structures shall post the building address in a location viewable, readable. and unobstructed from the adjacent public or private right -of -way. The size of residential address numbers shall not be less than four inches or exceed six inches in height or as otherwise approved by the addressing committee based on setback from or width of riaht -of -way. The size of nonresidential address numbers shall not be less than eiaht inches or exceed 12 inches in height, or as otherwise approved by the addressing committee or the master signage program based upon the specific height of the building to which the numbers and letters are attached, or setback from or width of riaht -of -way. In cases where there is no adjacent right-of-way, or for other reasons of public health, safety, or welfare, the addressina committee may use its discretion to determine the appropriate location and size of addresses All nonresidential structures built after September 30. 2010 that have flat roofs and a wilding footprint of 10.000 square feet or more, shall be required to affix the address tuber to the rooftop in a horizontal orientation so that it may be visible and legible from overflying aircraft. The address numbers shall be block letters with each individual number measuring no less than 48 inches in lenath and no less than 18 inches in width. Rooftop address numbers shall be made of a reflective material with a color that contrasts with the roof color, and shall be permanently affixed to or painted on the roof. Sec. 78 -276. Permits required, fees, and revocation. (a) Building permit required. It shall be unlawful for any person to erect, repair, alter, relocate, or maintain any permanent sign defined in this division without obtaining a building permit and paying the required fee. (b) Revocation. The building official is authorized to revoke any building permit if a sign is erected or installed that does not comply with the requirements of this division. (c) Maintenance and inspection. (1) Maintenance. All signs for which a permit is required, together with all supports, braces, guys, anchors, sign faces, and other structural and nonstructural members, shall be maintained in good condition and appearance, and in compliance with applicable building codes. The building offiGial CQ may order the removal of any sign that is not maintained in accordance with this section. The removal shall be at the expense of the owner or lessee. Examples of unacceptable maintenance and repair include the following: /M Ordinance 21, 2010 a. Cracked, ripped, or peeling paint present on more than ten percent of the surface area of a sign; b. Bent, broken, loose, or otherwise insufficiently attached supports, struts, or other appendages; c. Partial illumination for more than 14 days; d. Obstruction of sign face by weeds, vines, tree branches, or other vegetative matter; and e. Maintaining a position that is more than 15 degrees from vertical for more than ten successive days. (2) The building official and /or code enforcement officers shall reinspect all signs erected within the city as often as deemed necessary. No fee shall be FeqUiFed fo reiaspest� Sec. 78 -277. Design requirements. All permanent signs shall be designed and constructed in compliance with applicable building codes. All electric wiring shall be installed underground, within building walls, or otherwise located so as not to be visible. Sec. 78 -278. Variances. (a) Variance allowed. The BZXPZAB, consistent with the requirements of section 78- 53, may grant a variance from the strict application of this division. However, in no vent shall a variance be granted to allow -a sign type listed in Section 78 -284. {e Exceptions. (1) PUDs and PCDs. The city council may, at time of development order approval or development order amendment, grant one or more waivers to the requirements of this division applicable to a PUD, PCD, or site plan within a PCD. (2) Compliance with intent and purpose. The city council may vary the size, setback requirements, arid- number type of wed signs in a PUD, provided the city council determines a PUD application complies with the general intent and purpose of this division. UIR Ordinance 21, 2010 Sec. 78 -279. Removal of abandoned signs. Any sign which no longer is used to advertise a licensed business or a product sold on- premises shall be removed by the owner of the property, building-] or structure upon which the sign is located within ten days after written notification from the building official. Upon failure to comply with the notice within the time specified in the order, the building official is authorized to cause removal of the sign. Any expense associated with the sign removal shall be paid by the owner of the property, building, structure, or premises to which the sign is attached or on which the sign is located. Sec. 78 -280. Removal of unsafe signs. If the building official determines any sign regulated in this division is unsafe, insecure, a menace to the public health, or constructed, erected, or maintained in violation of this division, a written notice of such determination shall be provided to the property owner. The owner of the property has ten days following receipt of the written notice to remove, repair} or otherwise alter the sign so as to comply with this division. If the sign is not removed, repaired,, or otherwise altered to comply, the necessary removal or improvements shall be carried out by the building division at the expense of the owner of the property. The building division shall cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. Sec. 78 -281. Owner to be charged for cost of removal by city. When the city has caused or paid for the removal of a sign, the actual cost of the removal shall be paid by the owner of property on which the sign is located. The cost of removal shall include accrued interest at the rate of ten percent per annum from the date of the completion of the work. Sec. 78 -282. Lien for costs of removal. if the full amount due the eity f ieval i6 not paid by the owneF Within 60 days aAfter the removal of such sign, the city shall cause to be recorded in the official record books a lien against the property. The lien shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Sec. 78 -283. Obstructions. Signs shall not be erected, installed, constructed, attached, or maintained so as to serve as an obstruction as noted below. (a) Ingress and egress. A sign shall not block any fire escape, or any window, door, or opening used as a means of ingress or egress. A -6 Ordinance 21, 2010 (b) Fire escapes and ventilation. A sign shall not be attached to a fire escape or be placed in such manner as to interfere with any opening required by the building code for ventilation. (c) Visibility triangles. A sign shall not be placed in such a manner as to obscure siahtlines within the visibility triangle at the intersection of two roads or a road and a private driveway in accordance with the city's intersections regulations in Sec. 78 -508 d). No sign located within a visibility triangle shall exceed 30 inches in height as measured from the surface of the nearest vehicular traffic area. (c4 LCity property. Signs shall not be allowed on city property or rights -of -way within the city unless specifically authorized by the city council. Any signs not authorized on city property or rights -of -way shall be immediately removed by the city, and the costs of such removal shall be borne by the parties responsible for the installation. (d) eOther governmental agencies. Other governmental entities which have jurisdiction or control of public rights -of -way may install signs within such rights -of -way. Any signs that are not authorized on such rights -of -way shall be immediately removed by the city or governmental agency, and the costs of such removal shall be borne by the parties responsible for the installation. Sec. 78 -284. Prohibited signs and prohibited sign locations. (a) General. The signs described below, unless otherwise provided in this section, are prohibited and shall not be installed or constructed within the city. (b) Off - premises signs. Off -site or off - premises signs are prohibited. All sign ^epy _.. -... __._...__, - ._..._._, _ - _..._....__ - .... --- - ..._...._.. .- C- i - --._ -- :- __. .. - -- --- ..-..-._ Off -site or off - premises signs are signs that direct attention to a commercial business, commodity, service, product, or activity not conducted sold offered, or available on the premises where such sign is located the copy of which may be intended to be changed periodically. (c) Traffic sertFel regulation signs. Any sign which resembles, is similar to, or may be confused with any sign or device to control vehicular, bicycle, or pedestrian traffic is prohibited. (d) Obstruction of vision. Any sign installed or erected in a location, or at a street intersection, or in any street right -of -way so as to obstruct free and clear vision is prohibited. (e) Prohibited sign characteristics. Only passive -type signage shall be permitted. Unless otherwise permitted in Section 78 -285. signs which incorporate animation, bf+gM or flashing lights, movement or motions caused by the wind, electrical, or mechanical means, flashing messages, or other real or apparent forms of motion are prohibited. A -7 Ordinance 21, 2010 (f) Prohibited illumination. Illumination of signs utilizing flashing, intermittent, rotating, revolving, oscillating techniques is prohibited. (b) LLOther prohibited signs. In addition to the prohibited signs indicated above, the following signs are prohibited in the city: (1) Awning signs, unless otherwise provided herein; (2) Bunting, pennants, streamers, and other similar signs or devices normally but not always installed in a series, designed to move with the wind, and usually attached to buildings, trees, ropes, poles, and similar structures; provided, however, the use of pole- mounted banners may be permitted in accordance with Section 78- 292.. -:-= (3) Murals, unless approved by City Council: (4) Painted wall signs; (5) Signs created by illumination or shadow casting; (6) Changeable copy signs, of eassl+ae with the exception of the following which may behaved as set forth in this division: a Gasoline price signs located on pump islands or on monument signs; b. Menu pricing signs: c. Building directory signs: and d Ground signs for government uses public /private schools and colleaes /universities located in Public /Institutional zonina districts; (7) Signs with extruded figures or elements; (8) Portable signs; 40} 9�LBalloons} eF balloon signs, or inflatable shapes or figures with or without cony.; UIV Ordinance 21, 2010 (444(!OlCopies or imitations of official signs; =41 .- (44} 1�1 Beacons or searchlights; (5} U22 Signs attached to an accessory structure; 06) 13�Signs which emit sounds; 47) (14) Exposed neon tubing. Nneon signs,-and LED sions thalL emulate the general appearance of traditional neon signs, nless — thesmis° ^F^vid°d h °r except as provided in Section 78 -286; (4-9)L 15�Signs which emit visible smoke, vapor particles, or odor; 493 16 Sandwich board or "N' frame signs and pole signs, except as otherwise provided herein: (28} 17 Signs which exhibit obscene or illegal written messages or material; (24) U88 Snipe signs attached, posted, or located on or to any trees, light poles, utility poles, street light, sidewalk, curb, fire hydrant bridge. or anv other public property. except for public utility, convenience—and (22} L99lSigns placed upon benches, bus or transit shelters, or waste receptacles, unless specifically approved by the city council; _ .r_,nrsrr.�r_rrn IVV"WI lay! (20) Signs and sign structures which are not properly maintained or have been abandoned: and (24) 21 Any other sign, device, or equipment whiGh attFarats aftentiOR, not specifically permitted by this division. Sec. 78 -285. Permitted signs. Permanent signs shall be permitted as provided in Table 24. .. Table 24: Permanent Signs TABLE INSET: Ordinance 21, 2010 A -10 Maximum Permitted Max. Size gi Max. Maximum Bi n- Sign Type Zoning X61 Sign Number QL Structure Other Limits Districts Faces Bign-s Dimensions (1) -Requires solid base not less than three feet high w /out sign copy, t�QL address numbers or leasing information •1 for first as reaulated by Sec. 78 -290. Tem on rary Si9f 11. 300 lineal -Sign copy not to Ground Sign (2) Non- residential" 60 feet 2 feet of ROW •1 for each additional 700 lineal Height: 10 feet Width: 15 feet exceed building identification and #wee five tenants (not including leasing information) per sign face. feet of ROW -Tenant names shall be at least 6- inch letter height. -Min. 15 feet setback from ROW. -Min. 50 feet setback from non - ROW property lines. 1 for parcel with at least 100 lineal feet of ROW; A- -Sign letters shall not exceed 36 inches in height. -Sign for building and tenant building with identification frontaae Flat/Wall on purposes. •NMT one name or I -95 or the Sign forte message may be Principal Structure or Non - residential (3) & sauare feet_ 1 may have a None included. -Each principal facina_ I- Principal sign structure is allowed 95 the Tenant Q3 or Florida a flat or wall sign. Turn ikn a in -Wall sign cannot exceed more than addition to 70 percent of the immediate vertical and horizontal v surface area to street. The stree which attached. (3) sign facina I- A -10 Ordinance 21, 2010 A -11 95 or the Florida located second floor. Flat/Wall Sign for Ground Floor Users Q Non- residential NMT 5% of area of elevation of tenant space or bay. In no case shall copy exceed 1 1 per tenant space or bay Mine None -Sign must face ROW or primary entrance. -Uniform type, color, material, shape & style. -Letters NMT 24 inches. -Max. 2 lines of copy. -Signs shall not be located above second floor line or above building parapet. ZQ� faeL ��� 1 second story Non_ residential NMT 5% of 1 1 per tenant None -Sian must face ROW or primary entrance. • niform type. color. material. shape. & •Letters NMT 24 inches_ Max, 2 lines of -Allowed above the area of elevation of tenant space or case shall exceed ground floor. -Only allowed for professional sr�ace or or medical office tenants second story tenants of two-story- buildings whose tenants have a primary building entrance facing a L4)_ 4� fftL major arterial or collector road, or a customer parking lot, and access not through a central uww Roof signs for one -story Non- residential NMI 5% of 1 — 1 er None •A roof sign is permitted only as a substitute for a wall area of elevation of with over 5 000 gross buildings with tenant space or sign not in addition or mansard or leasable sguare feet to a wall sign. -Only for principal hip roofs A -11 Ordinance 21, 2010 A -12 case shall copy exceed tenants or tenants with over 5,000 gross leasable square feet. -Sian letters shall ar feet for �L tenants, or not exceed 36 inches in height for ZQ feet for other principal tenant: 24 tenants. inches for other tenants. .Sian must face ROW or primary entrance. -Roof signs must be individual letters. -Roof sign supports shall be painted to match the roof. -Cabinet sians are not permitted. •NMT 624% of total glass area allowed fef narne, hours, epe#stssed;- sr$d"t saFds- &- telepkone hers to be covered by window 0 of total Lesser of glass,area aliewed 100 square , +o.,,.,+ #eF-geeds and - Window Sign Non- residential feet or 20 %'r of gross glass area, 1 peF business, sr- None -Not more than 50% of any single window or glass door may be covered by signs. -All sign materials must be permanent. -Paper, cardboard, etc., are prohibited. •Sians allowed in ground floor windows only. -Must be attached to wall. -Must be framed or matted. Menu Sign (Wall- mounted) Non- residential 4 square feet 1 1 per restaurant None -Not included in area for window signs. -Enclosed in frame or casing compatible with building design and color. -Casing shall not A -12 Ordinance 21, 2010 A -13 project more than 2 inches from wall. 1 per restaurant. -Constructed of Additional durable materials. signs -May be pole- permitted if mounted, "A"- frame, Menu Sign outdoor Height: 5 or sandwich board. (free- Non- 15 2 seating feet -May include name, standing) residential feet areas are Width:3 feet hours, credit card, either menu, and price separated information. by 6 feet -Must be stored high wall or inside restaurant not visible to when closed. each other. 1 per building L directional Building -Max. 4 feet above Directional Non- 4 square 2 �guare feet Height: 4 crown of paving or Sign residential feet feet. road. of total build.iil tz -Max. 3 feet above crown of paving or road. Signs located within a visibility triangle shall not exceed 30 inches in height measured from the surface of the nearest 1 per AIene Exit and Non- 4 square 2 approved l vehicular traffic Entrance residential feet entry or Leal area. Signs exit. -Min. 2 feet from property line. -Copy limited to EXIT, ENTRANCE, EXIT ONLY, etc. -Internal illumination only. -Shall be Llocated in landscaped area. -Drive-through Height: 5 restaurants only. Menu Board Non- 20 square 1 per feet •Internal illumination residential feet 2 restaurant Width: only. include None -May anaeable coov. -Must be A -13 Ordinance 21, 2010 A -14 landscaped consistent with division 7 §of article V. -Located NMT 100 feet from principal building. -May have remote or electronic service. -Shall not be located adjacent to residential zoning districts. -May include changeable copy. -May be integrated Gasoline 15 square 2 1 None into another sign. Price Sign feet -Sign with price integrated shall not exceed permitted sign size. -May be suspended from soffit or eave. -Must be parallel to soffit or eave. Occupant -Min. clearance of 8 Identification Non- 6 square 2 1 None feet from bottom of Sign residential feet sign to top of walkway. -Located at main entrance. May be externally illuminated. •2 or more buildings on same parcel or 1 per development. building with -Internal illumination tenant or only. -Located within a 25 Building business Height:6 feet radius of main Directory 18 square 1 spaces not feet entry to building. Sign feet directly Width: -May be a accessible None changeable copy from building sign. -Shall be placed in exterior landscaped area. -Vehicle pull -off may be required. -Only time and Time and NMT 25% of Permitted temperature may be Temperature Non- total sign 1 only as part None. displayed. Sign residential area of a wall or -Size to be included flat sign. within overall size of principal sign. A -14 Ordinance 21. 2010 Pole- mounted Banner Commercial and /or Mixed Use and /or Public Institutional 21 square feet 2 1 per light pole and /or pedestrian pole 3 feet width by 7 feet length 'Meet all requirements in Section 78 -292_ Perimeter Wall or Entry Feature Ground Signs for Residential Development Residential;- ix Med Use 60 square feet 1;; or 22 1 per wall eF 1 peF ea#ry zj�eL community None. -Letters may not exceed 24 inches in height. -Illumination limited to backlighting with opaque letters or ground lighting for letters. -Residential entry feature signs to be approved by city council. entranceway 1 sign on either side of entrance._ in m i or 1 sign in center median of community entrance drivew_ Changeable Public/ Institutional 60 square 2 1 Height: 10 • Only allowed for government uses. public /private schools, and colleges /universities in Public/ Institutional zoning_ copy /digital districts. •Reguires solid base around sign feet Width: feet 15 feet not less than three eet high w /out sign -Min, 15 feet setback from ROW. -Min. 50 feet setback from- non-ROW property lines. Notes to Table 24. *Non- residential (includes commercial portion of residential PUDs or PCDs. ROW = Public road right -of -way. NMT = Not more than. (1) Height measured from average grade unless otherwise noted. Notes to Table 2 (6914tiRwed 49M pFey;eu6 page) Q2 Ground sign must be landscaped as provided below. a. Front: minimum width shall be not less than the height of the sign. b. Side: minimum width shall be not less than the height of the sign. A -15 Ordinance 21, 2010 c. Rear: minimum width shall be three feet. 3) For commercial, retail, or commercial portions of projects within Mixed Use land use designations that front directly on a maior roadway ( arterial or collector) with no front parking, one additional sign is allowed on the rear elevation of buildings. as Iona as the customer parking and access is located in the rear. 4) Only for buildings existing as of September 30, 2010. Sec. 78 -286. Illumination. (a) Permitted illumination. (1) Nonresidential zoning districts. Ground, flat, or wall signs shall be illuminated utilizing the following: backlighting, internal lighting, or permanently fixed and encased lighting from below, and external to, the sign surface. External lighting greater than 15 watts is prohibited unless properly shielded to prevent glare upon adjacent public rights -of -way or adjacent property. The department may require phetegFametriG photometric or other studies to ensure sign lighting will not adversely affect the public health, safety, and welfare. (2) Residential zoning districts. Only backlighting with opaque lettering and permanently fixed and encased face lighting from below the sign surface shall be permitted in residential zoning districts. (b) Neon signs and LED signs. Neon and /or LED signs are permitted within a building, provided such signage is not visible from a public right -of -way, except as otherwise provided herein. (c) Permitted neon signs. An exposed neon sign or LED desian which emulates the appearance of a neon sign may be displayed and be visible from a public right -of -way so Iona as (11) T1he total sign area shall not eXGeed is three square feet or less;_ A -16 Ordinance 21, 2010 Sec. 78 -287. General standards. The following standards are applicable to all permitted signs. (a) Sign materials. All lettering, logos, and other such identification markings on signage shall be permanent and not interchangeable, unless otherwise pfeved row herein. Landscaping. Ground signs shall be landscaped. The minimum landscape area dimensions are indicated below. (1) Front: minimum width of the landscape area shall be the height of the sign. (2) Side: minimum width of the landscape area shall be the height of the sign. (3) Rear: minimum width shall be three feet. Landscape areas associated with ground shall be irrigated, unless waived by the growth management department, and shall be maintained as required by section 78 -329. kr Flags. Not more than three flags and three flag poles shall be located on any single property. PermitteraFe flags Tepre %Rteng- gevermeRta: ,Feligious, not foF pFefi+ displayed. A r-etail sGUba diving shop may display the FeGOgnized dive flag OR lieu of a peFmitted flag. Flag poles shall not exceed 25 feet in height. One flag per pole is permitted. The area of a flag shall conform to the requirements listed below. Additionally, no flag pole shall be located any closer to any property line than the height of the flag pole as installed The number. size, and height of flags and flag poles may be increased with City Council approval. TABLE INSET: Height of Flag Pole Maximum Flag Area Maximum Dimensions 20 to 25 Feet 48 40 square feet 5 feet by 7 $ feet Less than 20 Feet 4-5 24 square feet 4 feet by 6 feet *)LM Logos. Logos or any federally=-registered trademark may be permitted as part of a sign as follows: a; Ullf designed as an integral part of the advertising copy; A -17 Ordinance 21, 2010 b;L21If consistent with an approved color scheme of the master sign plan; and 3LIf displayed as registered. -,- oow s -1 � L YNDTH r - � EMBLEM on Figure 13a (f) Calculation of sign area. CHANNEL j�LETTERS-1 WOTX I i L _J (1) Sign area. Sign area shall be calculated as illustrated in Figures 13a and 13b. The area of a sign face shall be calculated by means of the smallest rectangle that will encompass the entire area of a sign, including all letters, numbers, characters, logos, emblems, information, or other display. The sign area shall include any materials or colors utilized to differentiate the sign from the backdrop or structure on which it is placed, including all materials to form the cabinet or other structural members of the sign. Sign area shall not include any supporting framework, bracing, or decorative fence or wall when such wall is consistent with the requirements of section 78 -285. i 00o SHAPE ow sw�rE yyjpTM�^�' '� vYIDTH MULTIPLE — — — s ELEMENTS �oQO -- -_ W OTH Figure 13b (2) Sign area of multi -faced signs. Sign area for multi -faced signs shall be calculated as indicated below and in Figure 14. UMN Ordinance 21, 2010 a. The area of a double -faced sign with sign faces that are parallel or the interior angle of the two faces is 15 degrees or less shall be calculated using the area of only one sign face. VfiVR x MWfs SIGN ARCA wIUTH` x WMWT'= HIM AWA Figure 14 b. The area of a double -faced sign with sign faces having an interior angle of more than 15 degrees, the area of both sign faces shall be added together to determine total area of a sign. c. The sign area of multi -faced signs is calculated based on the principle that all sign elements that can be seen at one time or from one vantage point should be considered in measuring that particular sign face. Sec. 78 -288. Sign program. The growth management department may require any development order application for a PUD, PCD, MXD, or conditional use to submit an overall master sign program. The master sign program shall indicate location, number. size, font, type of Sian, landscaping, and illumination of proposed signs. UNKS r(Gj G G t 1 1 r 9 FADED ANMW SIGN 156 OR UNDER 2 SIDED SIGN OVER 15 • wurm' x tea IT' . =M AfEA VfiVR x MWfs SIGN ARCA wIUTH` x WMWT'= HIM AWA Figure 14 b. The area of a double -faced sign with sign faces having an interior angle of more than 15 degrees, the area of both sign faces shall be added together to determine total area of a sign. c. The sign area of multi -faced signs is calculated based on the principle that all sign elements that can be seen at one time or from one vantage point should be considered in measuring that particular sign face. Sec. 78 -288. Sign program. The growth management department may require any development order application for a PUD, PCD, MXD, or conditional use to submit an overall master sign program. The master sign program shall indicate location, number. size, font, type of Sian, landscaping, and illumination of proposed signs. UNKS Ordinance 21, 2010 Sec. 78 -289. Exempt signs. Ua The signs listed below are permitted signs; and are exempt from the requirements of this division. (1) Mailboxes. Roadside mailboxes. (2) Residential identification signs. Residential building identification, displaying the name or property occupant or street address, provided such sign is less than four square feet. (3) i Warning signs. Signs prohibiting peddlers or solicitors, indicating security such as burglar alarms, or "beware of bad animal" signs. Signs of this nature shall be located at the entrance of the building or residence, or adjacent to fenced areas. (4) Traffic control /traffic information. Traffic control, directional, and ublic information /warning signs placed in public rights -of -way by federal, state, county, city, and other public agencies or at the direction of or as required by same. (5) Interior signs. Signs located within a building; and not visible from a public right -of -way. (6) Courtyard signs. Signs located on the exterior elevation of an interior courtyard, provided such signs are not visible from a public right- of -wayg I9t-, or abutting residential zoning district. (7) Vehicle advertising. Motor vehicles with business names, business addresses, telephone numbers, contractor certification numbers, logos, and similar information painted or embossed on vehicle surfaces, when otherwise permitted or required by law. Parking of such vehicles shall be limited as provided below. a. Motor vehicles, including} but not limited tom trucks, vans, and automobiles} and any trailer towed by such vehicles, with business signage shall not be parked in Off 6tFeet parking aF any location for the rip mare purpose of advertising a business or service. bS Unh vehicles shall he narked in .,ff street. narking areas in the rear Or side yaFds so as not to t. - 11 Asible fFOFn any publiG StFeet Fight of way. The owners of commercial or industrial properties, or their leaal tenants, whose vehicles are registered, licensed, and fully operational for company use are exempt from Sec. 78- 289(a)(7)a. for the purpose of parking such vehicles on site in the normal course of business. A -20 Ordinance 21, 2010 Sec. 78 -290. Temporary Sligns A- allowed. (a) Permitted temporary signs. Temporary signs allowed within the city are listed in Table 25. (b) Approval. Temporary signs shall be approved by the building division ci . Signs not approved by the building divisieR gLty are subject to immediate removal by the city, at the expense of the owner. Temporary signs shall comply with the standards listed below. (1) Illumination. Temporary signs shall not be illuminated. (2) Setbacks. Temporary signs shall be setback at least 45 eight (8) feet from the right -of -way line and must comply with section 78- 283(c). the g ez ierr -ovf #e4lewiflg - .1 d.1 1 T-1 . i— h The edge of pavementi or (3) Maximum height. A temporary sign shall not be higher than five feet above the average grade at the property line nearest the sian. (4) Permitted sign types. Only pole or sandwich - board -type signage shall be used for temporary signs. (The remainder of this page intentionally left blank) A -21 Table 25: Temporary Signs TABLE INSET: Ordinance 21, 2010 Type of Sign Maximum Earliest Final Notes and Size Installation Removal Remarks (Sq. Feet) Date Date •Residential - 1 sign per candidate or issue per residential dwelling PaMel -Residential — .I T Not more than 60 days e! Nonresidential - 1 .let than prior Sian per candidate or to issue per to the election it which relates or -Residential — nonresidential parcel the date of -Residential - candidate eerie _ -Signs may not be Political" 6 square feet -Nonresidential - qualification, if aawicable. after the election placed public -Nonresidential - 32 square feet -Nonresidential - 67 days after . property. -Signs may not 30 days befefe- the election placed in public ri rights- of -way. -Signs may not � obstruct vision at Same as Residential corners, intersections, etc. -Applicable to federal, state, county, and local elections. Residential - 1 sign residential "a•• l' 2alcej �1 Sign -P2f Gr-e Nonresidential al -_1 sign per nonresidential parcel of net. -Residential - -Sign may be installed Free Speech 6 square feet in lieu of any permitted Sign * -Nonresidential - None None nonresidential sign, as permitted by -Signs may not be sign regulations placed on public property. -Signs may not be placed in public rights - of -way. -Signs may not obstruct vision at corners, intersections, etc. A -22 Ordinance 21, 2010 A -23 C71n of I �nrl i Build, or Portion 46 _ G PFGpe4T- 5 days after Sale: Residential 6 Day open house Day open house Open House* begins closes Sale: Nonresidential 16 Day open house Day open house Open House begins closes Sale Pert+en -ef- lldir When building- sle6es— _ development Order issded— d+ng— ,+� When Wil -. VtfCt -dY d,,,,e^^v''ell��opment order 6-days-after ron4crl or !eased - R,�,,. t n �,s 7"VFhVYY - tYY � .� c i-�- `tRRdCd— YHCM-...... o offered or d^^e^^vell��epment Order fRR�Cd 5 days - afteHti1Y - �00%° - rented or exsladed— When complete On receipt of Development 32 development order first certificate of Sign application filed with city occupancy Project On receipt of -No more than two Suppliers /trades 32 Issuance of final certificate sians shall be building permit of occupancy permitted at one time. Grand Opening/ 10 days after Project Opening/ 32 7 days before -May be permitted as a banner. New Businesses event eventng or Outparcel /Phase 32 7 days before 10 days after Opening event opening l fOF P 46-- before- snl%^t- 1 daT°7-after cn%t organization onty- SpeGial Cvcn4 /c�lc fnr Dry 7 days before- c�t 1 day -after m p n approved A -23 Ordinance 21, 2010 — #'V-11 a 1-6 Niel •- IM '-. • • _ u -. a .0 • � -- ►�. •- .- a �-� - • • - - • •- IrWIK • - _ as •a •u - - • .- a •- a -i- •� •� -1 - - . • 610111 . • • _�. .� - �. •� All •- School/Day Care /Nursery 30 days before -. _ W 14 days after registration •- .- t -• _ Garage Sale* 1 Pday before sale- 1 sign for the sale lei a Special Event D . . ..- - - Construction - Issuance of • clearing, alteration, or building permit On - - • occupancy A -24 Ordinance 21, 2010 NOTES TABLE 25: ( *) Exempt from fees and permit registration provided the sign complies with the requirements set forth in Table 25 and the Florida Building Code, as applicable. * *) A written request for a 30 -day extension may be granted administratively provided the permanent sign is not completed but is in the process of completion. (6) Maximum sign faces. A maximum of two faces will be allowed for each temporary sign. (7) Maintenance. All signs shall be kept in good condition, present a neat appearance, and be maintained free of debris, stains, mold. discoloration, or deterioration. 8) Hazard. A sign shall not directly or indirectly create a traffic or fire hazard or interfere with the free and unobstructed use of streets or sidewalks. 9) Permit. a. A city temporary sign permit is required for all temporary signs except those exempt as shown in Table 25. b. Nonresidential sale of portion of building, rental, or lease permit. 1. An application for temporary sianaae will be made with the city. All applications will be issued and renewed administratively by the city. 2. If approved, a permit for temporary sianaae will be issued for a period of no lonaer than one year. A renewal permit may be submitted annually if the applicant is in compliance with the city's standards. 3. An administrative fee will be charged for the issuance of the temporary sianaae permit as regulated by the fees and charges schedule on file. 4. Standards. Sionage must be in compliance with all temporary sianaae standards and meet the criteria below: J. Size. Maximum square footage of the sign is 16 square feet. ii. Sian post. Post shall be a 44 treated wood post or other acceptable material. The minimum number of posts shall be two. The posts shall be directly buried into the around at a minimum of two feet. Use of concrete is prohibited. A -25 Ordinance 21, 2010 iii. Backing. Sian shall be installed on a Y2 -inch alvwood. Plywood shall be attached with weather - resistant screws. iv. Color. The entire sign must be painted and have no more than two colors, including the letters. The colors of the sign must be consistent with the approved principal color of the development and/or building. c. An additional leasing sign not exceedina 12 square feet may be incorporated into the project's monument sian within the three—la)- foot required base, if provided. Letter size shall be no less than five (5) inches for around signs. Must have no more than two colors and be consistent with the aeneral design of the monument sign. A sign permit must be submitted and approved by the city. (c) Removal. (1) Hurricane watch. Any temporary sign installed within the city shall be removed by the owner or city if a hurricane watch is posted. The city shall not be responsible for the replacement of such signage after a hurricane watch is discontinued. (2) Violations. The city shall have the right to remove any temporary signage in violation of this section. (d) Number. Each side of a property facing a public right -of =way is allowed one temporary signs as permitted in Table 25. Each side of a property facing a private right- of -way may be allowed one temporary sign as permitted in Table 25 at the discretion of the arowth manaaement director, or desianee. (e) Prohibited materials. Paper, cardboard, or other such material subject to rapid deterioration shall not be used for any sign that is to be displayed for more than 30 consecutive days. Sec. 78 -291. Non- commercial messages. (a) Notwithstanding anything in this article to the contrary, any sign erected pursuant to the provisions of this article may, at the option of the applicant, contain either a non - commercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises pursuant to the following regulations: (1) The non - commercial message may occupy the entire sign face or portion thereof. A -26 Ordinance 21, 2010 (2) The sign face may be changed from commercial to non - commercial messages as frequently as desired by the owner of the sign, provided that the following is true: a. The size and design criteria conform to the applicable portions of this article; b. The sign is allowed by this article; c. The sign conforms to the requirements of the applicable zoning designation; and d. The appropriate permits are obtained. (3) For the purpose of this sign code, non - commercial messages shall never be deemed off - premises signs. Sec. 78 -292. Pole- mounted banner criteria. Pole- mounted banners shall only be permitted in public institutional, commercial, or mixed -use zoned areas for the limited purposes of brand identification or as a holiday decoration; provided the following conditions are met: (a) A miscellaneous plan approval by city council is required for all pole- mounted banner programs, except those installed on city property by the city. Any additional pole- mounted banners, graphics, locations, or increase of sign square footage other than what was previously approved by city council requires a new miscellaneous plan review approval. As part of the application process, the applicant must complete a detailed sign program to include: 1. A copy of a current site plan showing all the proposed locations where the pole- mounted banners are to be placed; 2. The light pole detail upon which the pole- mounted banner is to be located; 3. The pole- mounted banner's copy shall be limited to the name of the development, the development's logo, and development's branding, which does not include any individual business name, tenant, or individual business' logo. 4. All graphic designs, variations, and /or seasonal sets of the banners must be provided for city council review and approval in accordance with the criteria set forth herein. City council may prescribe specific time periods during which a particular seasonal set of banners may be displayed if approval of more than one set of banners is sought by the applicant. (b) The program must satisfy the following requirements: A -27 Ordinance 21, 2010 1. Pole- mounted banners must be located on an existing light pole; 2. One (1) pole - mounted banner per light pole may be permitted; 3. Pole- mounted banners on light poles shall be two -sided with the identical design on each side; 4. Trees, palms, or shrubs shall not be pruned beyond the limits of the city codes or accepted maintenance standards in order to facilitate the placement of any banners; 5. Banners shall not interfere or block any existing or future traffic or pedestrian controls or signage; 6. Within 24 hours of announcement of a tropical storm or hurricane watch by the National Hurricane Center, which places the city within the "3 -day cone of probability," all pole- mounted banners shall be removed; 7. The city may require the removal of any pole - mounted banner should the city find that the pole- mounted banner is in a state of disrepair or is not being maintained appropriately with respect to accepted maintenance standards (e.g., not faded, free from rips and tears, properly attached, untattered, and generally in a state of good repair). The applicant shall either remove or replace the banner within ten (10) calendar days of being noticed; 8. All poles holding or supporting pole- mounted banners shall require a building permit in order to verify the safety and wind loads of the banners; 9. Pole- mounted banners shall only be interior to a particular site or development and shall not be placed in an area immediately adjacent to a public right -of -way; 10. Light poles with pole - mounted banners shall be a minimum of fifteen (15) feet from the property line, and no portion of the pole- mounted banner shall extend into or be visible from a public right -of -way immediately adjacent to the property or development upon which such pole - mounted banners are located; 11. The minimum clearance of banners above the finished grade shall be eight (8) feet; 12. Non - rectangular pole- mounted banners shall conform only to the maximum banner area criteria providing that a minimum clearance of eight (8) feet above the finished grade is maintained; 13. Banner Size: ;2 a. Pole- mounted banners on dimensions: Ordinance 21, 2010 light poles shall meet the following Height of Maximum Maximum Light Pole Banner Area Dimensions 20 to 25 Ffeet 21 square feet 3 feet width by 7 feet length Less than 20 4.5 square feet 1.5 feet width by 3 feet feet length b. A banner's highest point shall not exceed the highest point of the pole upon which it is mounted. Secs. 78-293-78-300. Reserved. A -29 Ordinance 21, 2010 ws CITY OF PALM BEACH GARDENS MEMORANDUM r.. Y. � q TO: Mayor and Council APPROVED: Ron Ferris, City Manager DATE: September 7, 2010 FROM: Allan Owens, Finance Administrator CC: Budget Oversight Committee Department Heads SUBJECT: FY 2010/11 Budget Oversight Committee Report Attached to this memorandum, please find the Budget Oversight Committee's report of recommendations to the City Council regarding the proposed FY 2010/2011 Operating and Capital Improvements Budget. Committee Chair Marc Cohn is currently traveling overseas and will be unavailable to attend the first public hearing on September 16, 2010. Vice Mayor Premuroso, as the Council liaison, will review the Committee's findings and recommendations with the Council at the first hearing. The entire Budget Oversight Committee will be in attendance at the final hearing on September 30, 2010, to discuss the details of the report with Council. If you have any questions concerning the report, please contact Mr. Ferris so that we may schedule a meeting at your convenience to discuss any issues you may have. Budget Advisory Committee Report to the City Council The Budget Advisory Committee is continuing the precedent set in prior years presenting to the City Council a summary of comments and suggestions from the meetings the committee has had leading up to the Council's consideration of the 2011 Budget. The committee is impressed with the knowledge and thoroughness of staff in preparation of the annual budget that has been presented to Council and for review by the committee. The methods used to make the projections of revenues, expenses and capital expenditures are logical, prudent and in keeping with the guidance set by Council. Once again this year we believe that staff has built on skills of the past which are needed to cope with an ever changing financial environment. The committee was disappointed to learn that the real estate values that are the foundation for revenue projections which were thought to have stabilized, in fact, had declined about 11 %. This decline is primarily in the commercial real estate sector. The boom times are now confirmed as being over and unlikely to return any time soon. This is resulting in less ad valorem taxes for the City of Palm Beach Gardens this year and into the foreseeable future. Therefore we must continue to control expenditures while maintaining the high standards of the city infrastructure that the residents have come to expect. The committee has suggestions and comments dealing with financial strategy, policy and governance which are respectfully submitted for consideration by staff and the elected Council: 1. The millage rate targeted by Council at the most recent meeting of 5.83 (plus the debt service rate of .1854) is in the opinion of the committee the maximum rate that should be approved. Even with the increase in the millage rate to 5.83 there is still a need to use funds from the reserve. The committee suggests that an appropriate balance has been struck between millage rate increase and use of reserve funds. Setting too low a millage rate which may be politically prudent in the current year subjects the Council to extremely difficult decisions in future years. The Council must always look to the impact on future years when it sets the millage rate. 2. The committee supports the continuing effort to have resident budget meetings throughout the city in addition to those held at council chambers to insure that the Council receives a significant number of comments from the residents about the direction the budget process is taking. 3. The committee intends to put on its agenda for the coming term further discussion of a more detailed policy for the use of the monies in the reserve fund and not limit the guidance to the amount in the fund as a percentage of expenditures. The committee is in agreement that the fund must stay at or above the 15% level due to the continued uncertainty of the economy and the need for "rainy day" expenditures. The guidance should be general enough so as to not hinder future councils but that there be enough understanding of what the possibilities could be. Some examples are to use the fund for non - reoccurring expenditures such as capital expenditures, catch up payments to a pension fund, or special projects. This would allow the operating budget to focus on the required expense to operate the city at the level of service the citizens expect. 4. The committee suggests that the continued reliance on ad valorem taxes to provide the revenue necessary may no longer be prudent. The state mandates a maximum millage rate of 10.0 and the city is now almost 60% of the way towards that maximum. Therefore a discussion of alternative revenue sources should begin by looking to fees for waste collection, utility tax, increasing community service tax, all of which are now additional components of the revenue side of the budgets of most all of our neighboring communities. By adding such fees, Palm Beach Gardens would still be among the least taxed jurisdictions in the county. With the prospect of real estate values not increasing and perhaps continuing to decline and expenditures continuing to rise, even just at the rate of inflation, this will put an excessive burden on the ad valorem tax which the committee recommends should be shared by other usage fees. 5. The advisory committee has been made aware that the city administration is finalizing a report to the city council analyzing the possibilities of annexing certain unincorporated areas that are contiguous to the city which has the potential of adding to the tax base of the city. The advisory committee is interested in receiving that report when it becomes final so that it could be added to the agenda of a future advisory committee meeting to determine the financial benefit to the city. 6. The committee suggests that the city is in a very favorable location having two major bio- medical research organizations at our door -step. These organizations will be the magnet in the future for new firms to come to the area as spin -offs occur. This will enhance the value of the City of Palm Beach Gardens in countless ways. To ensure that there is continued economic growth, the committee suggests that the budget include economic development funds that can be used to attract or retain companies which have a substantial cascading effect on both jobs and tax revenue possibilities. 7. Prior committees have been involved in discussion regarding the pension plan underfunding and the high cost of administering these plans. Recommendations have been made due to the concern over the future liability that has become a significant factor in the City's finances. The committee supports the comments of prior committees to keep the pension issue as an ongoing concern and it will be revisited at future committee meetings. 8. And finally, the major category of expenses for the city is staffing. Since fiscal year 2007, 77 positions have been removed from the employment rolls either by eliminating budgeted but vacant positions, instituting a voluntary separation program, transferring employees to a special revenue fund, and finally through implementing workforce reductions. The total effect over those years is to reduce the city workforce from 514 to 437 employees. This is a commendable effort which has reduced expense but maintains services to the residents of the city. It now appears that further reduction in the workforce will have to be done very cautiously as services expected by the residents will be noticeably affected. The committee appreciates the opportunity to provide this report to the City Council and welcomes that opportunity to discuss in more detail any of the suggestions and comments listed above. L. Marc Cohn Chair Kenneth Mennard Vice Chair V% Bernard Pettingill ,Rfjulbr Member Phillip Woodall Regular Member CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, City Manager FROM: Angela Wong, Operations Manager /Staff LiaisonAld THROUGH: Jack Doughney, Deputy City Manager SUBJECT: 2010 Beautification Award — Institutional Category DATE: August 26, 2010 The three categories of the City's Beautification Award Program are Institution, Residential, and Commercial. Properties are nominated and subsequently reviewed by the Community Aesthetics Board, and a winner is selected. Winners are chosen based on the outside appearance of the structure and the landscaped grounds of the yard, as seen from the street. Winners receive an engraved plaque, as well as a sign to post in front of their home or facility for approximately 30 days. The Community Aesthetics Board reviewed two nominations for the category of Institution, The Benjamin School located at 4875 Grandiflora Road, and the Palm Beach State College located at 3160 PGA Boulevard. At the July 7, 2010 Community Aesthetics Board meeting, the Board came to a tie vote; therefore, both nominees were selected as award winners. The Board requests that the City Council join them in presenting a 2010 Beautification Award to both institutions at the September 16, 2010 City Council Meeting. g&loC 4 /ib/ia CJ�y MCC 'A During the Florida Local Government Information Systems Association Summer Conference Matthew P. Doherty was honored with the designation of Certified Chief Information Officer (CCIO) in local government from the Florida Institute of Government at Florida State University. Mr. Doherty was part of the Fourth class of Florida's Certified Public Technology Leadership program and worked for more than a year to obtain the certification of Certified Chief Information Officer (CCIO). He attended 80 hours of classroom activity; accomplished 80 hours of out -of -class work, and completed a significant capstone project to concretely apply key and important leadership, planning, management and progressive service principles. We know that the knowledge gained from this experience will significantly benefit the City of Palm Beach Gardens. Congratulations Matt. July 28, 2010 the John Scott Dailey FLORIDA INSTITUTE OF GOVERNMENT at Florida State University Ron Ferris City Manager 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Mr. Ferris: I RECEIVED AUG 6 2010 I CITY OF PALM BL:ACH GARDENS CITY MANAGER During the Florida Local Government Information Systems Association Summer Conference an exciting event occurred that we were sure you want to share in celebrating. Matthew P. Doherty was honored with the designation of Certified Chief Information Officer (CCIO) in local government from the Florida Institute of Government at Florida State University, Each CCIO received a plaque and a personalized letter of congratulations from Florida State University President Eric J. Barron for their commitment to grow and serve the people of their communities and the state. Mr. Doherty was part of the Fourth class of Florida's Certified Public Technology Leadership program for Certified Chief Information Officers, a program designed to raise the professional standards for government technology leaders and help prepare individuals to serve effectively within their organizations' leadership teams. Mr. Doherty worked for more than a year to obtain the certification of CCIO. Each participant attended 80 hours of classroom activity, accomplished 80 hours of out -of -class work designed to engage new knowledge, and completed a significant capstone project to concretely apply key and important leadership, planning, management and progressive service principles in a manner directly relevant to your jurisdiction. Thank you for your support of Mr. Doherty by allowing participation in this program. We know that the knowledge gained from this experience will significantly benefit the City of Palm Beach Gardens. To remain timely, this certification requires continuing education to allow Mr. Doherty to continually grow the critical skills needed to provide outstanding technology services in your organization. We ask that the enclosed Certificate be used in recognizing Mr. Doherty within your organization, at an appropriate time, so that everyone can share in the dedication Mr. Doherty has to quality service. Also enclosed is a picture from the ceremony at the FLGISA Conference. Again, we thank you for your personal support and the endorsement of the Certified Public Technology Leadership program. Sincerely, Je en Executive Director 325 John Knox Road, Building 300 • Tallahassee, FL 32303 Telephone: (850) 487 -1870 a Fax: (850) 487 -0041 • http: / /iog.fsu.edu • e -mail: info@iog.fsu.edu z� WA i Z `£ ' ; 7 i • e t ~, V AJ � vi a v z� WA i Z `£ ' ; 7 i • e A, J q lit,/lo C414 ('orb aL r��^j' - A" ;.,T, 4k Roof ay i- cxx.+ice (3(L -A df) Good Evening. My name is Terence Brady, chairperson for the Community Aesthetics Board. Other members of the Community Aesthetics Board are Frances Heaslip, David Anderson, Mark Lenow, Bernard Elias, Rosie Carr, and Kelly Hackman. The three categories of the City's Beautification Award Program are Institution, Residential, and Commercial. Properties throughout the City are nominated and reviewed by the Community Aesthetics Board, and a winner is selected. Winners are chosen based on the outside appearance of the buildings and the landscaped grounds. Tonight, we are presenting awards for the Institution category. The Board reviewed two nominations for this category: The Benjamin School located at 4875 Grandiflora Road, and the Palm Beach State College located at 3160 PGA Boulevard. At the last meeting, the Board came to a tie vote; therefore, both nominees were selected as award winners. Mayor and Council, please join us in congratulating Mr. Frank Atkins on behalf of Palm Beach State College, and Mr. Jay Selvig on behalf of The Benjamin School on their beautiful projects. Residential category nominations are due October 15, 2010 if you know of any homes in the City that deserve this award. pt,.p V00/10 racy (c��uuL te-TA Y. Kec 1 ►9y raw► «re y. Ps City of Palm Beach Gardens 2010 Budget Public Hearing Sep 16, 2010 Tom Sosey 149 Bent Tree Drive Palm Beach Gardens, FL 33418 Members of City Council - Your proposed rate increases are simply too steep in this economic climate and will economically hurt residents, especially senior citizens living on a fixed income (like my spouse and I). I urge you to look around and fully realize what's happening today. It's difficult to miss the hard news that the Post chronicles every day. People are out of work - or are losing their jobs - or are underemployed or are losing their homes - they're asking for help - they're even leaving Florida. Yet you propose to increase the city debt rate ........ from 0.1490 to 0.1854 mills .... a step increase of 24.4 %. And increase the city operating rate .................... from 5.3900 to 5.8300 mills ... a step increase of 8.2 %. I'm not going to demand that you keep taxes flat like WPB, Jupiter, Del Ray, Boynton Beach, and Palm Beach have done. I am going to ask that you limit your proposed increases to something reasonable. Consider limiting the city debt to no more than 3% over last year by using city reserves (you have $24 M of our money) or consolidating all debt under a single lower rate over a longer time frame so that the city debt increase passed on to residents is from .1490 to .15347 mills. Consider limiting the city operating increase to no more than 3% over last year by using city reserves or cutting back on salaries so that the operating rate increase is from 5.3900 to 5.5517 mills. Because the buck stops with you, I fault each of you for the existing tax situation we find ourselves in today. This didn't happen overnight - it was embraced years ago without vision when times were good. Now that times are bad and budgets tight, you should be asking yourselves the question, 'Could we have done better?' Yes, but you didn't pay attention back then - but you have a chance to pay attention now. It takes prudent and economic leadership to steer a steady course through good and bad times - I implore you to take cha e - act toni ht with vision - right this ship and change course. I challen a you. I challenge you to commission an independent, objective commercial business auditor to review all city fiscal records for income and expenses with the goal of how to correct the economic fiscal mess we find ourselves in and regain control over the city budget in the next 5 years. Have these findings presented to city council and residents at the same time. I challenge you to commission an independent objective efficiency expert to conduct a study of city operations aimed solely at finding waste and ineffectiveness. Have these findings presented to city council and residents at the same time. Yes - I challenge you to do something better than what you've proposed. I challenge you to do your job with vision. 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