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HomeMy WebLinkAboutAgenda Council Agenda 110410CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 4, 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: 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 3, Resolution on Page 6) RESOLUTION 59, 2010 - CAMPUS DRIVE RIGHT OF WAY ACCEPTANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ACCEPTING A RIGHT -OF -WAY DEED FOR A PORTION OF CAMPUS DRIVE, PREVIOUSLY TRANSFERRED TO THE CITY OF PALM BEACH GARDENS BY PALM BEACH COUNTY VIA THE DEED RECORDED IN O. R. BOOK 23733, PAGE 1426; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 12, Resolution on Page 35) RESOLUTION 69, 2010 - APPROVING A PLATTING EXCEPTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN EXCEPTION TO THE REQUIREMENTS OF PLATTING FOR LOT 31 OF POD "D ", LOCATED WITHIN THE FRENCHMAN'S RESERVE PLANNED COMMUNITY DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. (Page 50) PROCLAMATION — NATIONAL AMERICAN INDIAN HERITAGE MONTH IX. PUBLIC HEARINGS: (* Designates Quasi- Judicial Hearing) a. *(Staff Report on Page 51, Resolution on Page 71) RESOLUTION 77, 2010 - AIPP REQUIREMENT FOR THE POINTE PUD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ARTWORK, IN SATISFACTION OF THE ART IN PUBLIC PLACES REQUIREMENT, FOR THE POINTE PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT THE INTERSECTION OF I -95 AND MILITARY TRAIL AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 84, Resolution on Page 88) RESOLUTION 58, 2010 — ON SITE HEALTH CLINIC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH CAREHERE, LLC TO PROVIDE AN ON -SITE EMPLOYEE HEALTHCARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 167, Resolution on Page 169) RESOLUTION 83, 2010 - CHANGE ORDER NO. 1 TO PIRTLE CONSTRUCTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING CHANGE ORDER NO. 1 TO JAMES B. PIRTLE CONSTRUCTION COMPANY D /B /A PIRTLE CONSTRUCTION COMPANY FOR THE DESIGN /BUILD OF THE MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION: XIL CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561- 799 -4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800 - 955 -8771 (TDD) or 800 - 955 -8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 4, 2010 Resolution 59, 2010 Subject/Agenda Item: Accepting a recorded Right -of -Way Deed from Palm Beach County for a portion of Campus Drive. [ X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $N /A Council Action: (Total) [ ] Approved City Attorney $N /A R. Max LhhmanAs-zi. city Current FY [ ] Approved w/ Engineer conditions dE I E [ ]Denied [ ] Continued to: Finance Administrato Advertised: Funding Source: Attachments: Allan Owens Date: [ ] Operating Paper: [ ] Other - Letter dated April 12, 2010, from Palm Beach County [ x ] Not Required - Resolution 59, 2010 - Recorded County Deed Submitted by: Department- Affected parties Budget Acct. #: Administrator J. E. Doughney, III [X] Notified Approved by: }+plot required City Min er Rona M. rris Meeting Date: November 4, 2010 Resolution 59, 2010 Page 2 of 2 BACKGROUND: The City received correspondence from Palm Beach County dated April 12, 2010, indicating it had conveyed ownership of a portion of Campus Drive right -of -way to the City of Palm Beach Gardens. This portion of Campus Drive begins just north of Fire Station No. 2 and continues to the north property line of the Palm Beach County Library, Gardens Branch. The City currently owns the remaining portions of Campus Drive. Upon receipt of the County Deed, City staff requested construction drawings and a Phase I Environmental Report for this portion of Campus Drive. City staff also conducted a road surface inspection and determined that the roadway is constructed to acceptable City standards. The City is currently maintaining this portion of Campus Drive, and by accepting the County Deed, the City will not be incurring any additional maintenance costs. Staff recommends acceptance of the County Deed from Palm Beach County for this portion of Campus Drive. STAFF RECOMMENDATION: Staff recommends approval of Resolution 59, 2010 as presented. -114ORIp� Facilities Development e Operations Department Property a Real Estate Management Division 2633 Vista Parkway West Palm Beach, FL 33411 -5605 (561) 233.0217 FAX: (561) 233-0210 www.pbcgov.comlfdo ■ Palm Beach County Board of County Commissioners Burt Aaronson. Chair Karen T Marcus, Vice Chair Jeff Koons Shelley Vana Steven L. Abrams Jess R. Santamana Priscilla A. Taylor County Administrator Robert Weisman An Equal Opporrum'ty Affin ari- A�Non Enp/oyrr' Wprinted on nxyded paper April 12, 2010 Massimo "Max" Bosso, P.E. City of Palm Beach Gardens Director of Engineering 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Campus Drive County Deed Dear Max: I am enclosing the original recorded County Deed for the County's portion of Campus Drive. Palm Beach Gardens now owns Campus Drive from PGA Boulevard down to RCA Boulevard on the south end. If you need any additional information, please let me know. Aere PetereBanting Real Estate Specialist (Direct No. 233 -0213) Enclosure: Original recorded County Deed c: Ben Williamson, Project Manager, PREM i%ft-bP-0*- vi.e COWNY P su ­W rah MMy li.yw ea.o 482010 dm RESOLUTION 59, 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ACCEPTING A RIGHT -OF -WAY DEED FOR A PORTION OF CAMPUS DRIVE, PREVIOUSLY TRANSFERRED TO THE CITY OF PALM BEACH GARDENS BY PALM BEACH COUNTY VIA THE DEED RECORDED IN O. R. BOOK 23733, PAGE 1426; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 14 15 WHEREAS, ownership for a portion of the Campus Drive right -of -way between 16 PGA Boulevard and RCA Boulevard has been transferred to the City of Palm Beach 17 Gardens from Palm Beach County via a Right -of -Way Deed, which is attached hereto 18 as Exhibit "A ", and which was recorded in Book 23733, Page 1426; and 19 20 WHEREAS, the City Council deems approval of this Resolution to be in the best 21 interests of the health, safety, and welfare of the residents and citizens of the City of 22 Palm Beach Gardens and the public at large. 23 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF PALM BEACH GARDENS, FLORIDA that: 27 28 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 29 30 SECTION 2. The City Council accepts the Right -of -Way Deed from Palm Beach 31 County for a portion of Campus Drive, as recorded in O. R. Book 23733, Page 1426. 32 33 SECTION 3. This Resolution shall become effective immediately upon adoption. 34 35 36 (The remainder of this page intentionally left blank) 37 38 39 40 41 42 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 59, 2010 PASSED AND ADOPTED this day of , 2010. ATTEST: AN Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor AYE NAY ABSENT G:\attorney_ share \RESOLUTIONS\2010 \resolution 59 2010 campus drive right of way.docx Page 2 of 2 EXHIBIT "A" Imasn"MIN1II611aRIt0111al 1Guln CFN 20100090426 OR BK 23733 PG 1426 RECORDED 03/1612010 09:37:57 Palo Beach County, Florida ANT 10.00 Doc Stoup 0.70 Sharon R. Bock. CLERK d Cl1fIPTRMJM Pgs 1426 - 1428; (3pgs) RETURN TO: PALM BEACH COUNTY NAME: RM ACCUISITION SECTION POST OFFICE BOX 21229 ADDRESS: WEST PALM BEACH, FLORIDA 33416 ATTN: Rkchard A. Graddock ACCT. NO.: 1010 WIC BOX 1066 *1 COUNTY DEED R 2 0101y THIS DEED, made this fu X s �1j 28 by PALM BEACH COUNTY, a political subdivision of the State of Florida, party of the first part, and the CITY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of the State of Florida, with its principal office located at 10500 N. Military Trail, Palm Beach Gardens, FL 33410, the party of the second part. WITNESSETH: That the said party of the fast part, for and in consideration of the sum of Ten ($10.00) Dollars to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the parties of the second part, their heirs and assigns forever, the following described real property lying and being in Palm Beach County, Florida: Property more particularly described in Exhibit "A', attached hereto and made a part hereof. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chair or Vice Chair of said Board, the day and year aforesaid. ATTEST: SHARON R. BOCK; Clerk, &. Comptro(F!%r.` BY- '--Clerk (or APPROVED AS TO FORM AND LEGAL SUFFICIENCY w BY: County Attorne 271 -LOL Rev. 1111/10 PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS BY: f QMt nsoe Chair This instrument prepared by: Paul King, Assistant County Attorney Palm Beach County P.O. Box 21229 West Palm Beach, FL 33416 EXHIBIT "A" Pass 1 of 2 LEGAL DESCRIPTION: A PARCEL OF LAND FOR RIGHT -OF -MAY PURPOSES LYING IN SECTION 69 TOWNSHIP 42 SOUTH. RANGE 43 EAST. AS RECORDED IN OFFICIAL RECORD BOOK 2959. PAGE 202 - 203. PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. MORE PARTICULARLY DESCRIBED AS THE EAST TO FEET OF THE TWO FOLLOWING PARCELS: 1) THE SOUTHWEST ONE - QUARTER OF THE NORTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 6. 2) THE NORTH THREE - QUARTERS OF. THE WEST ONE -HALF OF THE SOUTHEAST ONE- QUARTER OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 6. CONTAINING 116.554 SQUARE FEET OR 2.676 ACRES MORE OR LESS. NOTES: BEARINGS ARE GRID NAD 83. 1990 ADJUSTMENT WITH THE WEST LINE OF THE EAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6 HAVING A BEARING OF NORTH 1.25'490 EAST. NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THE SIGNING SURVEYOR. THIS INSTRUMENT WAS PREPARED BY NORMAN J. HOWARD. P.S.M.. IN THE OFFICE OF THE COUNTY ENGINEER. 2300 NORTH JOG ROAD. WEST PALM BEACH, FLORIDA. 33111. NORMAN J. HOWARO . P.S.M. DATE FLORIDA CERTIFICATE NO. 5776 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. LEGEND O.R.B. - OFFICIAL RECORD BOOK PG. = PAGE rsffisn "A" Psis 2 of 2 S.R. ?4-- P.G.A. BLVD, 568.42' 2p `E 70.00 . rV. SW 1/4.' n--1 NE 114. SE 6 D ° ECTION EAST 70.00' N cn N 1; � V O � FAIR AV °f of N A C ON 6 W s Os � r SCALE: 1" 300' TO P.B.C. O.R.B. 2959. �., ° o, W PG. 204 DISPOSED TO • - < CITY OF P.B. GARDENS V 1/2. SE 1/49 O.R.B. 3768. PG. 595 (20 , ) SE 1/4. SAID SECTION 6 N H d' to t V EAST 70.00' N88035'37 "V 70.00' O.R.B. 2959. PG. 206 DISPOSED TO CITY OF P.B. GARDENS O.R.B. 3768. PG. 595 (70') S. LINE OF THE N 3/4. M 1/2. SE 1/4, SE 1/4 SE CORNER SAID SAID SECTION 6 SECTION 6 8L Vp. «. e„ . . rV. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 4, 2010 Resolution 69, 2010 SUBJECT /AGENDA ITEM Petitions: PLAT- 10 -08- 000031: Plat Exception for Lot 32 of Frenchman's Reserve Planned Community Development (PCD) — Plat "D" Consideration of Approval: A request by the property owner for approval of a platting exception to allow a portion of Lot 31 in Plat D to be sold and transferred to Lot 32. Frenchman's Reserve Planned Community Development is located directly east of the intersection of Alternate A1A and Hood Road. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: Council Action: Planning & Zoning: Sen. iqr ccoun nt: [ ] Approved City Attorn Project [ ]APP. w/ conds. R. Max Loh an, q. Manager i�, ����� Richard J. Marrero Tresha Thom s Fees Paid: [] [ ] Denied [ ] Continued to: Resource bP- Senior Planner Manager Allyson Black Advertised: Date: N/A Director of Paper: Palm Beach Budget Acct. #: Planning & Post N/A Zoning Natalie M. 6g, AICP [ ]Required [X] Not Required Dev. mpliance Manager Affected Parties: Attachments: Bahareh K. Wolfs, AICP [X] Not Required • Illustration of Proposed Lot • Development Application • Frenchman's Reserve PCD — Approved B City Plat "D" Manag • Letter from Toll Ronald M. r ' Brothers and Adjacent Owner • Resolution 69, 2010 • Survey Sketches and Descriptions • Unity of Title Tem late Meeting Date: November 4, 2010 Resolution 69, 2010 Page 2 of 5 EXECUTIVE SUMMARY The subject request is for approval of a platting exception to purchase and transfer a portion of Lot 31 (461 Savoie Drive) to Lot 32 (463 Savoie Drive) within Plat D of the Frenchman's Reserve Planned Community Development (PCD). The proposed parcel of land to be transferred is an approximately 1,759- square -foot pie- shaped wedge. The property owner is requesting approval of this boundary change to increase the lot size for an addition to the home. The request will provide the ability for the homeowner to construct an addition to the home at a later date. It is consistent with the City's requirements for platting exceptions and will not negatively impact the surrounding community. Staff recommends approval of the applicant's petition. (The remainder of this page left intentionally blank) Meeting Date: November 4, 2010 Resolution 69, 2010 Page 3 of 5 LAND USE & ZONING In 2001, City Council approved Ordinance 4, 2001, which created Frenchman's Reserve, a 434 -acre PCD with an underlying zoning of Residential Low Density 3 (RL -3). The PCD allowed 530 residential units, an 18 -hole golf course, and a 45,000- square -foot clubhouse facility. TABLE 1. EXISTING USE, ZONING, AND FUTURE LAND USE DESIGNATIONS Frenchman's Reserve PCD EXISTING USE ZONING FUTURE LAND USE Subject Property Frenchman's Reserve PCD with Underlying Residential Low Density PCD Zoning of RL -3 (RL) North Residential (Frenchman's PCD with Underlying RL and Golf (G) Creek) Zoning of RL -3 South Residential — Cabana Palm Beach County Palm Beach County Colony (Unincorporated Residential Multi- family Residential (MR -5) BACKGROUND On December 17, 2009, the City Council adopted Ordinance 36, 2009, which approved a myriad of modifications to the subdivision regulations contained within the City's Code of Ordinances. The modifications included the addition of platting exception criteria and established the review process for such applications. Prior to the adoption of Ordinance 36, 2009, the City's existing subdivision regulations did not address the recombination of previously platted lots or sales of portions of lots between adjacent property owners. City Code Section 78 -428, entitled Platting Exceptions, exempts the following circumstances and exempts them from platting requirements: Meeting Date: November 4, 2010 Resolution 69, 2010 Page 4 of 5 (Portions of this Code Section have been omitted for purposes of brevity) (b) Applicability. No subdivision, PUD, PCD, or site plan shall be platted or recorded, nor shall any building permit be issued unless such subdivision meets all the provisions of this chapter and those of any applicable laws of the State of Florida, and has been approved in accordance with the requirements as herein set forth, except that the following shall be exempt and not subject to the platting requirement of this chapter. (1) The combination or recombination of portions of previously - platted lots where no new parcels or residual parcels result in lots of less area, width, or depth than the original platted lots or the existing replatted lots, where no new street is created and where all current district regulations can be met for the zoning district in which the property is located. (2) The sale or exchange of parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots and does not reduce any lot to an area less than the zoning district in which the property is located, permits and no dedications or improvements are required under this chapter. (emphasis provided) (3) The division of real estate property is for the conveyance of land to a federal, state, county, or municipal governmental agency, entity, political subdivision, or a public utility as defined herein. (4) The division of land into parcels of more than ten acres not involving the need to create any new access, change in existing access, public easements, utility easements, or public infrastructure improvements is not to be deemed a subdivision within the meaning of these regulations. STAFF ANALYSIS Staff has reviewed the subject petition and has determined that the proposed request meets criterion Number 2, and therefore qualifies for a platting exception. Due to the oversize nature of Lots 31 & 32, transfer of the 1,759- square -foot parcel of land between the adjoining lots still results in both lots complying with all property development standards for the underlying Residential Low Density — 3 (RI-3) zoning district. Furthermore, both lots still meet all development standards for Frenchman's Reserve Pod "D ". No additional dedications or reservations are required for the parcel to be transferred. City Code Section 78 -729, entitled Requirement in lieu of platting, states, "...a certified survey shall be submitted to the Growth Management Department along with the application for the platting exception prior to City Council review." The applicant has submitted a certified survey depicting the proposed lot and the additional portion of land to Meeting Date: November 4, 2010 Resolution 69, 2010 Page 5 of 5 be transferred. Letters of consent from the Frenchman's Reserve Home Owner's Association and adjacent lot owner have also been submitted and are attached to the staff report. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 69, 2010 as presented. �to Lo C6 M N • r-i J - ICI wi 30 co : t' r- d- �r�,Z • r ai p U (02 o L 1S D =1;� S R =25.00 �- L-L =24.94 -�. D= 57'09'49" l co R =25.00 8 L =24.94 g61 • �6'. D=57'09'49 " 0 N co NOU 08 U�0 25"'1 1 25' I I• C� 0 � � W rn o D � N •//77�� � 00 W C � is w 0 N co NOU 08 U�0 25"'1 1 25' ?002 12 08 31 Ix r9 1 R =195 L =382 D =112'2 (TOT/ 'o r. 32 U* N �n L =3.36' �! D =7'41'2:i" S87 49 3� E 153.39' �j cr co N (A to a L=21.59' L= 6.45' D= 49'28'26" D =1053 42" � J 33 n� 3.37' 18.38' S87'49'33' E 140.00' °f.• o o �Q o coo 3 4 0 0o F�311,/ S197'49'3. -i".= 14n nn' r 0) Iri PAGE. 02 I o w U !� cv O C- j ?002 12 08 31 Ix r9 1 R =195 L =382 D =112'2 (TOT/ 'o r. 32 U* N �n L =3.36' �! D =7'41'2:i" S87 49 3� E 153.39' �j cr co N (A to a L=21.59' L= 6.45' D= 49'28'26" D =1053 42" � J 33 n� 3.37' 18.38' S87'49'33' E 140.00' °f.• o o �Q o coo 3 4 0 0o F�311,/ S197'49'3. -i".= 14n nn' r 0) Iri PAGE. 02 PLA-T-- td -a8 - 000 0 3/ CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799 -4243 Fax (561) 799 -4281 Request: QPlanned Community Development (PCD) DPlanned Unit Development (PUD) DAmendment to PCD, PUD or Site Plan aConditional Use H Amendment to the Comprehensive Plan Administrative Approval QAdministrative Appeal Plan Review currency Certificate e Extension Date Submitted: Project Name: _ XiS3�VE 4oT,,31,t'`46 /_07- 3 2- A30dA4bW11 Cf14wGE Owner: 171A,2Y AA1A1 / , 77v576,_10 01-- A*eY4NA)gel, 466/ 7 41S7`- Applicant (if not Owner): 46 3 .5,4 ' Applicant's Address: ?4 6*4 8F9f{ (Y4k&1Z, *elephone No. J-61- lv 3o - 470¢L Agent: /19cm,!F6 4, Goelm.44,b/ a6ngxfvb� Contact Person: /y% g2141�/ E -Mail: o%eo* Agent's Mailing Address: 64ME Agent's Telephone Number: 5'414F_ Petition Number: Application $ _ Receipt Number: FOR OFFICE USE ONLY Date & Time Received: Engineering $ Or CITY OF" ALM BCH GD AID 19 no PLANNING & ZONING i Architect: N4 Engineer: / /I Planner: NM Landscape Architect: Ntl Site Information: Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. General Location: F4A1-Ua 1;?1gAl 1s I&'FWC ,r b Peb Address: SAVOR= �>R. .Alb 463 SAV©lE ,%. pw" l 6 &*�- 6ObFAJS Section: Property. Control Number(s): Township: Range: 176-9 Sm.F7- 44A/,b PA&E;L Td ,8F— TRANSXeM6 Acreage: Current Zoning: Requested Zoning: Flood Zone Base Flood Elevation (BFE) — to be indicated on site plan Current Comprehensive Plan Land Use Designation: Existing Land Use: Requested Land Use: Proposed Use(s) i.e. hotel, single family residence, etc.: Proposed Square Footage by Use: sgVo� j Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): Justification 2 r Justification 2 Information concerning all requests (attach additional sheets if needed.) (Section 7846, Application Procedures, Land Development Regulations) 1. Explain the nature of the request: Ti�ftS IWC2 -- 57^ 1S Ta k- Z'.FsV6- 11�14e4 Bvfcff (:F/se,6�s C(7-Y (200A416- %a 1-1- 04X)5 10 b2Tibn/ dF �i �Or� !-oT /A/ - QW.✓C'�/�?AN1S �U�Dlvls�v� i� �Grr`.b` !- 07.03!) 70 -143 -4WV0,1f ,2W.. 1544/ 51 VO /E qW. (M. CWNZ11,44E ►,e���� taT�32 ). T��s ���� OF uA✓1s fs 4 /01C- sff.4i�Zb MF E a - ,4A9PX l�S9sc�,�~r. 46 WE AmoegrI. %ff /S 60owwY (f xAot7E- 76 fNC&NSF- ook La? s! e-+£ 1AJ of MAr-F- OF , W A,)ZI77OAf 7Z1 MR fj0 1AE 7W 7- we 4kE- C A154AMIAAQ- 2. What will be the impact of the proposed change on the surrounding area? /VO IMP,1e7 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. 7Nr &QUES7Z2� Pi2bAW-7y �300AIWy ee{,4AA:5F- w14C NC77- (1104676- TINY 5V&b1V15 -(0A( ,� ✓A/ �GvT R?Dyle=-�t�tJ / 567;B4Ck RGc�.iVICrIWS N ©re MS76W,, IA7 . /&WI VE b �i ,Ji WOLACq/"A V 5 k-456P- VF- %bF-VC-WPek 704Z- &&7W-,,65 (*,nl° OAIAA iZS "4550e, A br W7- CS ri968[tsf{,b 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78 -301, Land Development Regulations)? /V0 1M10110--7- 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 261, Land Development Regulations)? A/A 6. Has project received concurrency certification? /4//9 Date received: Legal Description of the Subiect Property (Attach additional sheets if needed) Or see attached deed for legal description ��) C2� �k2lz!F-Je� OF £ �ts ;�T 0 UNS 1lt�� T e" (� 7 /a Sf�T7W- suety �ANn,P7zoN qG 4MS X314Mb *3Z Location %©�Pwgb 4Y /oi f E. CSF� m"ey .b afb- 5 Ce�it L s�e�'1'GS, The subject property is located approximately t kmile(s) from the intersection of AGT 14 4 '4"VZ 1760b /`b,� on the❑north�astoouth[Dvest side of ` 40— 4f4 (street/road). Statement of Ownershin and Designation of Authorized Agent Before me, the undersigned authority, personally appeared %thy MIA) GRI'WA � 7572 � of who, being by me first duly sworn, on oath deposed and says: IWQY 4Nnl 6AAWLb 7RusT- 4 1. That he /she is the fee simple title owner of the property described in the attached Legal Description. 773fiV5 7CyP_ 4 PIE- S/f�9 b A)&) Gl✓ 2. That he /she is requesting OF 44A4S sc�&0111 LoT 31 70 !07'32 in the City of Palm Beach Gardens, Florida. 3. That he /she has appointed lwlq f�CL 4 • to act as authorized agent on his/her behalf to accomplish the above project. Name of Owner: /f% ,#/2 Y 191V A) igna o Owner 43 SgV0/ F Ly2. Street Address P. O. Box �% /- 6 3o 4704 - Telephone Number 9f- �i,2�tic�G ,n ��d' ctol. eom E -mail Address By: Name /Title 1&';P7 456WIV �e6e.151 '6' -334(0 City, State, Zip Code City, State, Zip Code Fax Number Sworn and subscribed before me this day of N 1 cD 0 Nota?)*ITC My Commission expires: �. d UURA JONES Notary Pub�C, smb of Florian CommW*NDD628949 My Comm. expires Sept. 17, 2012 Applicant's Certification I/We affirm and certify that Uwe understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I/WE further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my /our knowledge and belief. Further, I/we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Flor a, and are not returnable. Applicant is: Signa of App icant Ll®r ❑Optionee OLessee Agent ❑Contract Purchaser 1,97,1QY 41W 4 '7046 f Print Name of Applicant 43 54 Vole- 2YQ. Street Address City, State, Zip Code off -G30 - ` ,o4- Telephone Number Fax Number E -Mail Address U rel THIS INSTRUMENT PREPARED BY AND RETURN TO. Mark D. KairaAa, Esq. do Eavenson & Kairalla, P.L ,��mPGA Boulevard, Suite 3200 Beach Gardens, Florida $3408 :5243-41-31-10-0000-0310 CFN 2009 @261833 Uk B'K 23368 PU iio ,- RkMRD 87/3112089 13:12:48 Pala Beach County, Florida AMT 1, 358, M. 99 Doc Staap 9,458.88 Shan, R. Bock. CLERK & CONPTRQLLRR Pgo 1897 - 16%; ( 2pgs ) ' o WARRANTY DEED �n v WARRANTY DEED is made this S day of July 2009, by and between KEN N ROGERS and KAREN ROGERS, husband and wife, CGrantor') and MARIE NEVALE, as Trustee of the Marie E. Carnevale Living Trust Agreement ra June 16, 1989, as amended, with the full power and authority to protect, con ' to sect, or to tease, or to encumber, or otherwise to manage and dispose of property described below in this instrument pursuant to Florida Statute §689.07 1ose post office address Is 461 Savoie Drive, Palm Beach Gardens, Florida 33410, (" GWl. WITNESS t ''`"aai the Grantor, for and in c &widardikin of i en Uot ars ($10.00) and other consideration, paid by the Grantee, the receipt and sufficiency of which is acknowledged, has granted, bargained and sold to the Grantee, hislherftheirtits nd assigns forever, the following-described land, located In the County of PALM B to of FLORIDA: LOT 31, FRENCHMAN'S R VE PCD -Plat "D ", ACCORDING TO THE PLAT THEREOF AS RECORDED IN BOOK 93, PAGE(S) 123, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORI THIS PROPERTY IS R SS DOCUMENTARY STAMP TAXES HAVE BEEN COLLECTED AND PAID i'HIS 'TRANSACTION IN THE AMOUNT OF $9450.00 BASED ON A PURCHASE PRICE OF $10350,000.00. Subject To: 1. Taxes for the year 2009 and subsequent years; 2. Covenants, conditions, limitations and easements of record; 3. Governmental and zoning restrictions. AND the Grarrtor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. [SIGNATURES APPEAR ON NEXT PAGE] C> or- \ PALM BCH GDN,, ""9210 pLA,gt4ING & ZGNIN� IN WITNESS WHEREOF, the said Grantor Oas hereunto set his/her hand and seal the day and year first above written. , semeo anti owovereo in presence or us: tNESSES:- e Prin ess Name• ACcj 4E-P ✓+ . s��.l�:�`tl Mess (�dM WitnesV Name: t hm�1A 1r9 1ytyRR�+/� (,Print witless Witness Name i nuit rnu1069b 21401960. -r— yct ter-- � �►- GRANTOR: R.ROGERS r r oy. mmmm nuum5r STATE OF FLORIDA 11-f COUNTY OF PALM BEACH In L ), / Thw fnrmjNru2 In* rry}pr rknrn�l oei � urv,n oath r,.u,m +^ r.., ^r— -- +ti:.. OGERS.and KAREN ROGERS, who �~ ally or have produced as identification. a��a ' a I ' y 4 Q4 �5'�� &w 3 S � <Y� q�a i:3„s• J� I ab 0 sa d` -W3 _ . my Y fd g 5 �;y _ .. o Om HEM-42 Sig "r a z pia. pga o 13 xa� +�s�� 2 es ��'a a X0 ;�'O € <<U fig F s =a4£.e w �s � � } ��� $ � s�smy�Wsa� 3 z �e `• -g >�u� c� a =� W „gip �. ...� o` -£ -aa o a s. a. 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LL �- 9 30 f 133HS 3N-n 1oTvM MEM - -ice J � 4 Y C qq S �Ijq y ''yy �yq e�els�s� tt��yyaz6�� s � °b HIMaii'. 3�393��Eae??.:;52iefeIas6lem. 4 ...� ....... .. .. ................. tl �,i��a� �saaFEeB:.a��b�ea$��S62eai•■ J. i �yyyy y Ga 'J pyY99 R s h -T T � 1 I �I II I{ I R II I I� l,l ' I HII 1 Z GNP W S ( 101) .99 MI M.LZ.OLLOS w -- O W J ------- li LUa o� U cp 0 a c`'N< LV d' Wry Wa010 .w {f) z Z b Z�F nO Z CL VmU 2 w a W o?m + Z a boa LV o Z 0W- c Ix L J < CL Z GNP W S ( 101) .99 MI M.LZ.OLLOS 1 1 I g I , I I g� 9 JO II 13315 3N6;EVe1 iR e 9 ------------------- - -� - -- -- - - - - - - -- -------------------------- ------- - - - - -- I s C91 i91 IGl LW l�9 g) \ \ 1M S 1 1 I g I , I I g� 9 JO II 13315 3N6;EVe1 iR e 9 r _ !7 S � s I �I S (TI101) ,py' M,LZ,OLI a� II e��K IKSR�B ae @ypp �s� H �ye4�7 51. t a a@ : nil 1 a -8« ^$888888 1311e111PH -NeR s� sv : QaiRn^ s83 ��"- elyi�mgasaa $de!�- ;3�ABvxx)3B��S�313�i•■ rib "sss�� � e w 4as8 r W Z O W r J a M w I LV o 0 U N W Who a'oe Q rn } b ca J <'g, Z z .8-01 � � 5<i . aw : = 0 dzm r' r v V a °wa za F- QZ �W ow- LL a a z z Z W m m'�� S 2g�g C e 'roll `Brothers America's Luxury Home Builder° August 27, 2010 RE: Transfer of Portion of Lot from Lot 31 to Lot 32 City of Palm Beach Gardens ATTN: RICHARD MARRERO 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Mr. Marrero, This letter is to serve as our acceptance to the proposed transfer of property between Lots 31 and 32, as depicted on the attached sketch. This acceptance is based on the transfer not encroaching on any required setback or easement. If you have any questions please give me a call at 561 -493 -8575. Than ou, Ja in Snyder Sr. roject Manager Toll Brothers, Inc. Cc: File 41 CATI{ERINE A FIFE :+F MY COMMISSION N DD 667906 EXPIRES: August 19, 2011 8ftW Thru Nftq Pybk a*, %, 0 CA'Y oF- M AI K" eol X30 2M PLJI "Ne & New York Stock Exchange • Symbol TOL FRENCHMAN'S RESERVE 12750 Alternate AlA, Palm Beach Gardens, FL 33410+ (561) 493 -85750 Fax (561) 493 -8567 tollbrothers. com 4 bill J 4 w 0 n a� W U bill J 4 M � r� �N �m�F~ April 19, 2010 461 Savoie Drive Palm Beach Gardens, F133410 To Whom It May Concern:: I, Marie E. Carnevale, Trustee of the Marie E. Carnevale Trust, agree to transfer the subject property located at the above address per the attached diagram from lot #31 pod D to Lot #32 pod D, 463 Savoie Drive, Palm Beach Gardens, Fl. 33410, to Mary A. Grimaldi, Trustee of the Mary A. Grimaldi Trust. Sincerely, C�OV -I1P L DL" HELIN R. STOLL Notary Public, State of Florida 10 1 Commission# DDt3M7 My Comm. e)ires June 14, 2011 . . . . . . . . . . . . . . . . . . . . . . . 1 2 RESOLUTION 69, 2010 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING AN EXCEPTION TO 7 THE REQUIREMENTS OF PLATTING FOR LOT 31 OF POD "D", 8 LOCATED WITHIN THE FRENCHMAN'S RESERVE PLANNED 9 COMMUNITY DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE 10 DATE; AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, City Code Section 78 -428. Platting Exceptions. establishes the 14 review process and criteria for exceptions to the platting requirements contained within 15 the subdivision regulations of Chapter 78; and 16 17 WHEREAS, the Planning & Zoning Department and Engineering Department has 18 reviewed the development application and has determined that the subject petition 19 meets Criterion No. 2, and therefore qualifies for an exception to the City's platting 20 requirements; and 21 22 WHEREAS, the Engineering Department has reviewed the certified sketches and 23 legal descriptions of Lots 31 and 32; and 24 25 WHEREAS, the survey is consistent with the City's Comprehensive Plan and 26 Land Development Regulations; and 27 28 WHEREAS, the City Council deems approval of this Resolution to be in the best 29 interests of the health, safety, and welfare of the residents and citizens of the City of 30 Palm Beach Gardens and the public at large. 31 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF PALM BEACH GARDENS, FLORIDA that: 35 36 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 37 38 SECTION 2. The certified survey and sketch of the parcel (the "Parcel ") to be 39 excised from Lot 31 and annexed to Lot 32, consisting of two (2) sheets, prepared by Paul 40 E. Brewer and Associates, Inc., is attached hereto as Exhibit "A ". 41 42 SECTION 3. The certified survey and sketch of Lot 31, consisting of one (1) sheet, 43 prepared by Paul E. Brewer and Associates, Inc., is attached hereto as Exhibit "B ". 44 45 SECTION 4. The certified survey and sketch of Lot 32, consisting of one (1) sheet, 46 prepared by Paul E. Brewer and Associates, Inc., is attached hereto as Exhibit "C ". Page 1 of 3 Resolution 69, 2010 1 SECTION 5. The City of Palm Beach Gardens Unity of Title template, consisting 2 of one (1) sheet, is attached hereto as Exhibit "D ". 3 4 SECTION 6. This approval is subject to the following condition of approval, 5 which shall be the responsibility of the Applicant, its successors, or assigns: 6 7 1. The Applicant, successors, or assigns shall submit a fully executed Unity of 8 Title, in a form acceptable to the City Attorney within one hundred twenty 9 (120) days from the date of this approval, for recordation in the Official 10 Records of Palm Beach County; otherwise, this approval shall automatically 11 become null and void. (City Attorney) 12 13 2. No building permits shall be issued until such time as a Unity of Title joining 14 Lot 32 and the Parcel has been properly recorded in the Official Records of 15 Palm Beach County. (City Attorney) 16 17 SECTION 7. This Resolution shall become effective immediately upon adoption. 18 19 20 21 (The remainder of this page intentionally left blank) 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 69, 2010 PASSED AND ADOPTED this day of , 2010. ATTEST: MN Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY It" R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN CITY OF PALM BEACH GARDENS, FLORIDA AM David Levy, Mayor AYE NAY ABSENT G:\attorney_ share \RESOLUTIONS\2010 \Resolution 69 2010 - frenchmans reserve platting of lot 31.docx Page 3 of 3 Resolution 69, 2010 EXHIBIT "A" SKETCH AND DESCRIPTION � o. \ T (PB sgCT fPa A I TO , p� S2 Tz38 12 3 \ P.B. °. / N^ f N A W Q rn J o C\2 i a� B� 9 '-q NORTHERLY UNE-/ OF LOT 31A °'P�2J n i J i gp om �v -,o r .0 ° LOT 31 io0 w (PB. 93, PGS. 123 vG o TO 128 P.B.C.R.) �- �F �o) C'� � � Z 4� t 1h� p0 1 cl� \�� nT �O o �p) 5 A� P.O.B. MOST 0�5 m SFjg �a�l / EASTERLY CORNER OF LOT 31 J � \ F' 1 .5`L �ti3 Ng p� � CURVE TABLE Sq� �eeo,ti C -1 D= 57'21'06" sCAF �gCT Riff '2s "p R= 53.00' csq LEGEND: L= 53.05' e�Rj3 S.F. = SQUARE FEET C -2 PB. = PLATBOOK D= 57'59'41" 1 PGS. = PAGES R= 195.03' NOTES: P.O.B. = POINT OF BEGINNING L= 197.41' 1. THIS IS A SKETCH AND DESCRIPTION AND NOT A P.B.C.R. = PALM BEACH MAP OF BOUNDARY SURVEY. COUNTY RECORDS C -3 2. THIS SKETCH AND DESCRIPTION IS NOT VALID D = CENTRAL ANGLE D= 10'16'56" UNLESS IT BEARS THE SIGNATURE AND EMBOSSED R = RADIUS R= 195.03' SEAL OF THE CERTIFYING SURVEYOR. L = ARC LENGTH L= 35.00' 3. BEARINGS SHOWN HEREON ARE PER THE PLAT OF RAD = RADIAL FRENCHMAN'S RESERVE PCD - PLAT "D ", (PB. 93, N.R. = NONRADIAL PGS. 123 TO 128 P.B.C.R.) P.S.U.E. = PRIVATE SPECIFIC 4. EASEMENTS SHOWN HEREON ARE PER THE PLAT OF USE EASEMENT FRENCHMAN'S RESERVE PCD - PLAT "0 ", (PB. 93, WBE = WETLAND BUFFER PGS 12.3 TO 128 P.B.C.R.) UNLESS NOTED OTHERWISE. EASEMENT SHEET 1 OF 2 CEROFICAT:ON- ) HEREBY CERTIFY THAT THE ABOVE SKOL4 AND DESCRIPTION IS TRUE AND COR / NOTE 'D ?HE 6EST OF MY KNOVILEDGE AND BELIEF AND CONFORMS WITH THE MINIMU f TF,-M1NKA L ',TANDARDS FOP LAND SURVEYS ADOPTED BY THE FLORIDA STATE BUMO OF PROFLSSIONAL LAID SURVEYORS IN CHAPTER 61G17 -6, OF TI �''• F;ZRIGA ;.DMIN?i.RATIVE COLE, PURSUANT TO SECTION 472.1127, FLORI A THE UNDERSIGNED AND PAUL E BREWER & ASSOCIATES, INC. MAKE NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION NO REPRESENTATIONS R GUARANTEES M AS „D�. HEREON PERTAINING TO EASEMENTS, RIGHTS WAY. SETBACK LINES. AGREEMENTS AND OTHER MATTERS, AND FURTHER, . •-- THIS INSTRUMENT IS NOT INTENDED TO REFLECT SUCH MATTERS. SUCH INFORMATKkI SHOULD BE OR SET FORTH ALL OBTAINED AND DATED: Z111O -�' -' �,.,.�^ -- P OC F CONFIRMED BY OTHERS THROUGH APPROPRIATE TIRE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY � `^tTI Of AND OR EASEMENTS OF RECORD F10RIOA' "it GISIRARON NO. 3240 � I " = 1 30' REVISIONS DATE BY CKD FB /PG I SCALE: FB PG: N/A DRAWN BY: W.D.K. PAUL E. BREWER & ASSOCIATES, INC, 12321 N. W. 35th Street CKD. BY: — Coral Spr 1,19s, FL 33065 753 -5210 �PH.I(954) FAX:(954) 753 -9813 Ino n1— 10 -44 SKETCH AND DESCRIPTION DESCRIPTION A PARCEL OF LAND LYING WITHIN LOT 31, FRENCHMAN'S RESERVE PCD - PLAT "D ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 93, PAGES 123 TO 128 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 31; THENCE SOUTH 59'05'55" WEST, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 31, A DISTANCE OF 100.00 FEET; THENCE NORTH 39'20'20" EAST, A DISTANCE OF 102.99 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 31. SAID POINT BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST AND TO SAID POINT A RADIAL LINE BEARS NORTH 48'54'18" EAST; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY LINE OF LOT 31 AND ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 195.03 FEET AND A CENTRL ANGLE OF 10'16'56 ", A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, CONTAINING 1,759 SQUARE FEET MORE OR LESS. SHEET 2 OF 2 NOTE THE UNDERSIGNED AND PAUL E. BREWER A: ASSOCIATES, INC. MAKE NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS. RIGHTS OF WAY, SETBACK UNES, AGREEMENTS ANO OTHER MATTERS, AND FURRIER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY AND OR EASEMENTS OF RECORD PAUL E. BREWER & ASSOCIATES, I NC. 12321 N, W. 35th Street Coral Springs, FL 33065 \H. I (954) 753 -5210 FAXi ( 954) 753 -9813 SCALE: N/A REVISIONS DATE B PG: N/A DRAWN BY: W.D.K. CKD. BY: Ac)R NO- 10 -44 Resolution 69, 2010 EXHIBIT "B" z m al aO O U U F N O N FF 'I`y'JJI = F MJ f2 Z W F \11 c �zm 1 z vow h t o o wrwxo / n ryk'h�'h -L� j7bs o m vii Z x L2 � iiliil' inai i¢TIe f °nn � w r�� r F Ld EE IZ cn / o \ ++ woxs Z MEMO /1 si�� i V d. a' _.. A D ✓t ! z'� `yw1 y N yi e boo Los -at, Np3 Z 6 r�mw2 F g ��z O �) � W 5 Z3, SN Z � -o < & Z ° N � K ~ m W 2 K < f: Liz, m m 2 H p� ¢ q og� <�'wy og ro U3 O Y N m 3 Ln ml z 3 �o F as o2o n d ob oaF kp $E t�s� m C az & kk a b �e U z A ZoQm� �g �� U � r;-' � @ �� 641,1 �a1 11 €111 1 Q 3:: o a w a w 6 S a� .c < i? S 8n U m U of U a-g - N <� c ff E?t ° 3 ° Q rWrca�� � g�y zm�a ��N �: n 90u.. Q ;¢x,ig� � 3 12- °ds a ��� �a�° $ W oo -c °ii o'Y'o 3 € '� Yy'y aza zo� zo =awk'� $,n�F�x2 d 3�� ;@ WSwom �mc# � �� s = @ 3 �RPIR Ndy gWg - w Rnoov F Is a m m a 9 »�;ad5�od ":9`��.e'm oitB YF 0% Olt c� �¢ ru an- m �o U H m 2 X W TRt''CT UPI <6sEl s q�odwj leg d INV or, TZ t \65 -D� pi \S ss •o .3 �s s. r W C -� 9P I� I� a'd dam, ti E� Z c a � o 0 ea Ma r < O � m ))) jy d t2 9� V% d, Z ai ��$�. �'"�\ ga ` •tea U 8 Sa Z� xaiE ZZZ=` yF F� d �3U OoOaG I� I� a'd dam, ti E� Z c a � o 0 ea Ma r < O � m ))) jy d t2 s'u C-5 ai 0 a 0 C O N- �'1• NMI d W �, z n v1 <Z O�III N]CmOm M1OV�' S G' Ea�� NO gn I II II II I II II II n n II 4} �? x 0 75 All UOKJ Uo¢J UoKJ I O cSpi� e 4iry/ n g u a0 .`Q.P."Z S mow Nom moi� mpj, 5 l �OmmW m�'w 0 ZZ.UW m<OZIA II II II II 11 II 1 II 11 II I II II II ml UO¢J UOKJ UOKJ UpCJ = of Za OW ym �Z R l i r;0, U m N OF q�l'��dm N<rc ml a vi N :2 'C n [V M 6 a g� W m z Nn ° WH SmN W ow< O OW CC�I KWZV �W li f/1R 2TT� w S W r< r 6 �UO E 2FUOPy� 0 °-o W oz �o < boo w �m z o o "' < Ni Ig�� = y =�mn 8 8 _F g zU �o x w�° a5 z 'J` R: sb o vi m M w w A y °w'o a a `��wo S'ii :Sh�Sis °g3 I U J W mU O W } ° �i r/ n�x rc bp'nJna by Fw �YJ E e i 88 m F, /MI g° g< €V1 osF �kosz w�a ¢Hfi =VP -1 j$ °zp gib 556 4 U'1 o g §- < <i'`\'i �A oWO`= €mF WZ GI MamJ Lz oY rc �z D= z U W rc we d O;p H �' H i' D d o W ^ _�_ �s" P5� -Z 1 w � ��1 ��o g z 4 s V4 M < SbS'cm °� °ogo °gymi E%g F QaWI^� m bw d °" � ¢ m 45ebinu�gx_ a m6<m3n mom 3 � e � ��i&����� � � � � � � clU=a�^ s a �� M. m ma c g s � $4go 11,11 a !ttm 1 Resolution 69, 2010 EXHIBIT "D" Record & Return: R. Max Lohman, Esq. City of Palm Beach Gardens, Florida 10500 N. Military Trail Palm Beach Gardens, Florida 33410 UNITY OF TITLE /CONTROL For good and valuable considerations, the undersigned hereby agrees to restrict the use of Parcel A, as more particularly described on Exhibit 1 attached hereto and by this reference made part hereof and a certain portion of Parcel B, as more particularly described on Exhibit 2 attached hereto and by this reference made part hereof, in the following manner: 1. The owner of Parcel A is: The owner of the subject portion of Parcel B is: 2. That said property is hereby unified under one (1) title and shall hence forth be considered as one (1) lot and indivisible building and use site, and no portion or fraction thereof shall be sold, conveyed, transferred, gifted, devised, assigned, leased, rented, occupied or used either voluntarily or involuntarily, by operation of law or otherwise, separately from the whole. 3. The Undersigned further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect, and be binding upon the undersigned, his heirs and assigns until such time as the same may be released in writing by the City Manager (or his designee) and the City Attorney. 4. The Undersigned further agrees that this instrument shall be recorded in the Public Records of Palm Beach County. Witness the following signatures, effective this day of , 20_ at Palm Beach Gardens, Florida. Signed, Sealed and Delivered in the presence o£ OWNER: Witness Printed Name: Witness Printed name: Page 1 of 2 STATE OF FLORIDA ) )ss. COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day of , 2010, before me an officer duly qualified to take acknowledgments, personally appeared: to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that they executed the same. He produced as identification and did/did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2010. (SEAL) Notary Public State of Florida, at Large My commission expires: Page 2 of 2 EXHIBIT 1 Legal description of Parcel A located at , Palm Beach Gardens, FL 334_, which comprises the totality of a certain single parcel described in a Deed recorded in the Official Records of Palm Beach County at ORB Pg et seq. PARCEL A EXHIBIT 2 Legal description of that certain portion of Parcel B located at , Palm Beach Gardens, FL 334_, described in a Deed recorded , 20_ in the Official Records of Palm Beach County at ORB Pg et seq.: That certain portion of Parcel B PROCLAMATION STA TE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, the history and culture of our great nation have been significantly influenced by American Indians and indigenous peoples; and WHEREAS, the contributions of American Indians have enhanced the freedom, prosperity, and greatness of America; and WHEREAS, their customs and traditions are respected and celebrated as part of 'a rich legacy throughout the United States; and WHEREAS, Native American Awareness Week began in 1976 and recognition was expanded by Congress and approved by President George Bush in August 1990, designating the month of November as National American Indian Heritage Month'; and WHEREAS, in honor of* National American Indian Heritage Month, community celebrations as well as numerous cultural, artistic, educational and historical activity . have been planned; and NOW, THEREFORE, 1, David Levy, by virtue of the authority vested in me" as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim November as: National American Indian Heritage Month in the City of Palm Beach Gardens and urge all citizens to observe this month with appropriate programs, ceremonies and activities. Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City or Palm Beach Gardens, Florida, to be affixed on this 4 "' day of November in the Year Two Thousand and Ten. Mayor David J. Levy CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 4, 2010 AIPP- 05 -09- 000007 Resolution 77, 2010 Subject / Agenda Item: Resolution 77, 2010: The Pointe Planned Unit Development Art in Public Places Consideration for Approval: A request to approve the Art in Public Places (AIPP) requirement for The Pointe Planned Unit Development (PUD), located at the intersection of 1 -95 and Military Trail, south of the Sabal Ridge development. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: City Council: City r Planning and Zoning: Finance [ ]Approval Administrator: [ ] Approval w/ Conditions R. ax Lo man, Esq. Resource Manager: [ ] Denial N/A [ ] Continued to: Allan Owens Development Compliance: Allyson Black Project Manager: \�Q Accountant: BaKrrih K. Wolfs, AICP Kathryn Wilson Director o Pla ning and Zonin Sarah Varga Attachments: [X] Quasi — Judicial :• Project Narrative [ ] Legislative [X] Public Hearing Fees Paid: N/A • ;• Location Map ❖ Resolution 175, 2005 Natalie 9. Wong, AICP Budget Acct. #: '�• Estimated Cost Advertised: Breakdown [ ] Required N/A ❖ Artist Resume Approved By: [X] Not Required ❖ Resolution 77, 2010 City Mana ❖ Site Plan ffected Parties: ❖ Dimensioned Shark [ ] Notified [X] Not Required ❖ Lighting Cut Sheets Ronald K4. F PA Meeting Date: November 4, 2010 Resolution 77, 2010 Page 2 of 3 BACKGROUND The Pointe PUD is a 9.18 -acre site located at the intersection of 1 -95 and Military Trail, south of the Sabal Ridge development (see attached Location Map). The project was approved in December 2005 (see attached Resolution 175, 2005), and includes two (2) 75,000- square -foot professional office buildings and a four (4) story parking garage (see attached Resolution 175, 2005). The first phase, which is well underway, includes one (1) office building and surface parking. The first office building will be occupied by Nova Southeastern University (NSU) as a satellite campus. The second phase includes a second office building and parking garage. On September 20, 2005, the Applicant came before the Art in Public Places (AIPP) Board for a public workshop. The feedback from the AIPP Board was centered mainly on the location of the art. Three (3) alternative locations were identified: the plaza adjacent to the lake; the traffic rotary in front of the second building; and within the lake. On March 16, 2010, a second workshop was held with the AIPP Board. During this meeting, the art concept, artist, and location limitations were presented. NSU commissioned Kent Ullberg to design a sculpture of a Mako Shark, the school's mascot. The AIPP Board suggested the shark not be truncated and the tail should be visible. The Board also discussed the potential locations and was supportive of the Applicant's desire to locate the art piece in the plaza area. The Applicant is also requesting a condition of approval which sets forth a date certain for completion of the proposed artwork. Condition No. 7 of Resolution 175, 2010 requires the artwork to be installed prior to the issuance of the last Certificate of Occupancy for Phase 1. The Applicant is requesting approval of a completion date of August 1, 2011. BUDGET The total estimated budget for the art is $65,500. The total required art budget for Phase I, based on one (1) percent of the vertical improvements, is $46,000 (see attached Estimated Cost Breakdown). The Applicant has placed the $46,000 in an escrow account as required by City Code. Condition of approval No. 7 in Resolution 175, 2005, allows the Applicant to be credited for the cost of the artwork in Phase I if it exceeds the AIPP requirements. The additional cost will be counted towards the art requirement for Phase 11. An actual cost breakdown will be submitted by the Applicant prior to the acceptance of the subject art piece. 1.11= &ia7=1111r_1W Location The subject site is 9.18 acres and is located at the intersection of 1 -95 and Military Trail, south of the Sabal Ridge development. The art is proposed to be located in the plaza area in front of Building A (see attached Site Plan). Meeting Date: November 4, 2010 Resolution 77, 2010 Page 3 of 3 Artist The project artist, Kent Ullberg, is recognized as one of the world's foremost wildlife sculptors. Ullberg studied at the Swedish Konstfack University College of Art in Stockholm and at museums in Germany, the Netherlands, and France. In 1993 and again in 2008, Ullberg received the Henry Hering Medal from the National Sculpture Society for outstanding collaboration between architect, sculptor, and patron in a monumental sculpture. In 1996, he received the Rungius Medal, the highest honor bestowed by the National Museum of Wildlife Art. In 1998, he won the Prix de West Purchase Award for his bronze "Ocean's Cradle" depicting a mother otter cradling her pup. Ullberg's work has appeared in major museums and corporate headquarters, including the National Museum of Natural History in Stockholm, Sweden; the Salon d'Automne, Paris, France; the National Gallery in Botswana, Africa; and the National Geographic Society, Washington, DC. His sculptures can be found in the private collections of world leaders and celebrities (see attached Artist Resume). Proposed Art NSU is proposing to incorporate the school's mascot, the Mako Shark, into its art concept. The shark sculpture will be located in the plaza area in front of Building A. The sculpture has been designed in a manner which makes the shark appear as if it is coming out of the ground (see attached Dimensioned Shark). The design depicts the bulk of the shark's torso (from the head to the dorsal fin) coming out of the ground, with the tip of its tail approximately seven and one -half feet (7.6') behind. Landscaping Because the art is within the plaza area, no landscaping is proposed with the subject request. Signage No signage is being requested with the subject petition. Li htin The Applicant is proposing to use ground uplighting to illuminate the art sculpture (see attached Lighting Cut Sheets). The ground lights have adjustable lamps and will be completely flush with the paver bricks. Four (4) light fixtures are proposed: two (2) at the head and two (2) at the tail. ART IN PUBLIC PLACES ADVISORY BOARD On September 21, 2010, the proposed art was presented to the Art in Public Places Board (Al PP) and approved with one (1) recommendation. The Board recommended the Applicant to redesign the tail portion of the proposed shark sculpture to address potential safety issues. The Board expressed concern that the tail could be a trip hazard for pedestrians. The Applicant has since modified the tail portion of the sculpture to increase the overall height from 27 inches to 36 inches in order to enhance its visibility. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 77, 2010 as presented. September 7, 2010 Ms. Kate Wilson, Planner The City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Fl 33410 RE: The Pointe — AIPP Hearing Dear Kate: ki I Ck STUDIO Urban Planning and Design Landscape Architecture Communication Graphics Please accept the attached information on behalf of PBG Park, LLC, for presentation before the Art in Public Places (AIPP) Committee at their meeting on September 21 ". We are requesting that this item be scheduled as a recommendation to the City Council. At the workshop held on March 16th, the applicant presented to the AIPP Committee the concept for art to be placed at The Pointe. The artist, Kent Ullberg, one of the world's foremost wildlife sculptors, has previously been commissioned by NOVA Southeastern University (NSU) to create a sculpture of the school's mascot, a Mako Shark, for the Fort Lauderdale campus. Mr. Ullberg has agreed to create another sculpture for the Palm Beach Gardens NSU campus at The Pointe which is a truncated version of the main campus sculpture. Following the presentation of several options, the AIPP Committee recommended that the most appropriate location for the sculpture would be in the plaza. The AIPP Committee also suggested that the shark's tail be incorporated into the sculpture presentation. Since the meeting in March, the applicant has evaluated the details of how to implement the Committee's suggestions. The attached sketches show the proposed location of the sculpture in the plaza and the details of how the head and the tail of the shark would be installed to appear as though they are erupting from the pavers. Also attached are lighting cut sheets and a preliminary cost estimate for the costs associated with the design, fabrication and installation of the art. In accordance with the calculations of the Building Department, based on the 1% value of the appropriate building permits, the applicant has established an escrow account in the amount of $46,000. Estimated expenses are approximately $65,500.00. Upon final costs being approved, as provided for in Condition 47 of Res. 175, 2005, the applicant will be requesting that any costs above the requirements for the first phase, to be carried over to the second phase. The applicant would also like to request a clarification be made with regard to Condition #7 of the Development Order. The condition currently requires that the art be installed prior to the issuance of the last Certificate of Occupancy for Phase 1. At the time of approval of Res. 175,2005, it was understood by the applicant that the reference to the last Certificate of Occupancy was intended by the City Council to relate to a time frame that would allow multiple tenants to receive multiple Certific Occupancy. 1( OFGON , N P PLM �G6 201Q NN\NG & 477 S. Rosemary Avenue Auite 225 - The Lofts at CityPlace .West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudlos.com Ms. Kate Wilson The Pointe — AIPP September 7, 2010 Page 2 In this case, the applicant is constructing the shell of the building and then the building will be sold to NSU and the school will be responsible for the completion of all of the interior improvements as a single tenant. To clarify this issue for all involved, the applicant would like to request that a date certain of August 1, 2011 be established for the installation of the art. This time frame will allow the completion of the interiors which we believe will be consistent with the intentions of the original condition. For the consideration of the AIPP Committee, please find three copies of the attached: • AIPP Project Cost Estimate • AIPP Site Location • Dimensioned Art Cross - Section • Construction Cross - Section • Lighting Cut Sheets • 1 copy of disk with electronic images of submittal documents Thank you for your consideration of this request. Should you have any questions, or need any additional copies, please let me know. Urb Design Kilday Studios Anne Booth Principal Cc: Kyle Jones __ AN AL U IC ro rip . ~ ih hSiGLy•n r -ir M, r r :jj WIN �r �, % wo gi c. ld!!* . "t alp or �.' 1 2 Date Prepared: November 9, 2005 RESOLUTION 175, 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER DEVELOPMENT PLAN FOR THE APPROXIMATELY 9.18 -ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF MILITARY TRAIL AND INTERSTATE 95, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE DEVELOPMENT OF 150,000 SQUARE FEET OF PROFESSIONAL OFFICE SPACE AND A FIVE -LEVEL PARKING GARAGE TO BE REFERRED TO AS "THE POINTE PUD "; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City's Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City has received a request from Anne Booth of Urban Design Studio, on behalf of Pointe Property Development, LLC, for master development plan approval to allow the development of two 75,000 square -foot professional office buildings and a five -level parking garage to be called "The Pointe PUD "; and WHEREAS, the subject site has been rezoned to a Planned Unit Development (PUD) Overlay and has an underlying zoning designation of Professional Office (PO), in accordance with Ordinance 37, 2005; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at its November 8, 2005, meeting and recommended its approval by a vote of 7 -0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: November 9, 2005 Resolution 175, 2005 1 NOW, THEREFORE, BE IT RESOLVED 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. The master development plan application of Anne Booth of Urban 7 Design Studio, on behalf of the Applicant, The Pointe Property Development, LLC, is 8 hereby APPROVED on the following described real property, to permit the development 9 of two 75,000 square -foot professional office buildings and a five -level parking garage 10 on 9.18 acres of land to be referred to as "The Pointe PUD," generally located at the 11 northwest comer of Military Trail and Interstate 95, subject to the conditions of approval 12 contained herein, which are in addition to the general requirements otherwise provided by 13 ordinance: 14 LEGAL DESCRIPTION: 15 16 THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST 17 QUARTER OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH 18 COUNTY, FLORIDA. SUBJECT TO THE RIGHT -OF -WAY OF MILITARY TRAIL AS 19 RECORDED IN DEED BOOK 815, PAGE 581, AND OFFICIAL RECORD BOOK 2439, 20 PAGE 985, PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA. 21 22 LESS THE FOLLOWING: 23 24 COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES 25 AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES 26 139 THROUGH 145; THENCE NORTH 00 °59'20" EAST 9.00 FEET; THENCE NORTH 27 01 043'57" EAST 733.64 FEET TO THE POINT OF BEGINNING; THENCE NORTH 28 01043'24" EAST 633.61 FEET; THENCE NORTH 88 016'36" WEST 81.42 FEET; 29 THENCE SOUTH 01 °43'24" WEST 71.37 FEET; THENCE SOUTH 05 °32'14" WEST 30 180.40 FEET; THENCE SOUTH 01 °43'24" WEST 303.13 FEET TO THE BEGINNING 31 OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 136.00 FEET; 32 THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 33 OF 35 1149124" A DISTANCE OF 85.03 FEET TO THE END OF SAID CURVE; THENCE 34 SOUTH 88 030'43" EAST 119.04 FEET TO THE POINT OF BEGINNING. 35 36 LESS THE FOLLOWING: 37 38 COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES 39 AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES 40 139 THROUGH 145; THENCE NORTH 00 °59'20" EAST 9.00 FEET; THENCE NORTH 41 01043'57" EAST 733.64 FEET; THENCE NORTH 88 030'43" WEST 340.43 FEET TO 42 THE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A CURVE 43 CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,051.92 FEET; 44 THENCE FROM A TANGENT BEARING OF NORTH 41019'54" WEST RUN 45 NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46 07 027'34" A DISTANCE OF 136.95 FEET TO THE END OF SAID CURVE; THENCE 2 Date Prepared: November 9, 2005 Resolution 175, 2005 1 NORTH 33 052'20" WEST 707.12 FEET TO THE BEGINNING OF A CURVE 2 CONCAVE NORTHEASTERLY HAVING A RADIUS OF 3,180.05 FEET; THENCE 3 NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4 01 006'22" A DISTANCE OF 61.39 FEET TO THE END OF SAID CURVE; THENCE 5 NORTH 88 032'02" WEST 335.22 FEET; THENCE SOUTH 01 °48'46" WEST 178.81 6 FEET; THENCE SOUTH 26 °31'40" EAST 482.71 FEET TO THE BEGINNING OF A 7 CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 11,553.16 FEET; 8 THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 9 OF 00 °43'22" A DISTANCE OF 145.73 FEET TO THE END OF SAID CURVE; 10 THENCE SOUTH 88 030'43" EAST 570.79 FEET TO THE POINT OF BEGINNING. 11 12 LESS THE FOLLOWING: 13 14 COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES 15 AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES 16 139 THROUGH 145; THENCE NORTH 00 059'20" EAST 9.00 FEET; THENCE NORTH 17 01 °43'57" EAST 733.64 FEET; THENCE NORTH 88 °30'43" WEST 911.22 FEET TO 18 THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88 °30'43" WEST 299.14 19 FEET; THENCE NORTH 01 04846" EAST 554.37 FEET; THENCE SOUTH 26 °31'40" 20 EAST 482.71 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT 21 HAVING A RADIUS OF 11,553.16 FEET; THENCE SOUTHEASTERLY ALONG SAID 22 CURVE 145.73 FEET THROUGH A CENTRAL ANGLE OF 00 04322" TO THE END 23 OF SAID CURVE AND THE POINT OF BEGINNING. 24 25 TOGETHER WITH: 26 27 A PORTION OF THE SOUTH HALF (S 1/2) OF THE SOUTHEAST QUARTER (SE 28 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 1, TOWNSHIP 42 29 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE 30 PARTICULARLY DESCRIBED AS FOLLOWS: 31 32 COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES 33 AND GARDEN SQUARE SHOPS ACCORDING TO THE PLAT THEREOF 34 RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM BEACH 35 COUNTY, FLORIDA; THENCE NORTH 00 °59'20" EAST A DISTANCE OF 9.00 FEET 36 TO A POINT; THENCE NORTH 01 °43'57" EAST A DISTANCE OF 733.64 FEET TO A 37 POINT ON THE NORTH LINE OF SAID SOUTH HALF (S 1/2), SOUTHEAST 38 QUARTER (SE %), NORTHWEST QUARTER (NW %); THENCE NORTH 88 °30'43" 39 WEST, ALONG SAID NORTH LINE, A DISTANCE OF 119.15 FEET TO THE POINT 40 OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE 41 CONTINUE NORTH 88 030'43" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 42 221.28 FEET TO A POINT ON A NON - TANGENT CURVE, CONCAVE TO THE 43 NORTHEAST HAVING A RADIUS OF 1051.92 FEET, A CENTRAL ANGLE OF 44 1 °0355" AND A CHORD BEARING OF SOUTH 41 051'52" EAST, SAID POINT ALSO 45 LYING ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 9 (1 -95) AS 46 NOW LAID OUT AND IN USE; THENCE SOUTHEASTERLY, ALONG THE ARC OF 3 Date Prepared: November 9, 2005 Resolution 175, 2005 1 SAID CURVE AND SAID RIGHT -OF -WAY LINE, A DISTANCE OF 19.56 FEET TO 2 THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTH HAVING A 3 RADIUS OF 136.00 FEET AND A CENTRAL ANGLE OF 100 °03'25 "; THENCE 4 EASTERLY, ALONG THE ARC OF SAID CURVE AND SAID RIGHT -OF -WAY LINE, A 5 DISTANCE OF 237.50 FEET TO THE POINT OF BEGINNING. BEARINGS RECITED 6 HEREIN ARE BASED UPON THE EAST LINE OF THE NORTHWEST QUARTER (NW 7 '/4) HAVING A BEARING OF NORTH 01 °43'24" EAST AND ALL OTHER BEARINGS 8 ARE RELATIVE THERETO. 9 10 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 11 approves the following nine (9) waivers: 12 13 1. Section 78 -153, Nonresidential zoning districts, to allow for a building height 14 of 68.4 feet for each office building and a building height of 56.4 feet for the 15 parking garage. 16 17 2. Section 78 -285, Permitted signs, to allow for principal building signs to be 18 located above the fourth floor line on the east and west elevations of each 19 office building. 20 21 3. Section 78 -285, Permitted signs, to allow for an additional principal building 22 sign on the west elevation of each office building. 23 24 4. Section 78 -285, Permitted signs, to allow for the landscaped area around 25 the monument sign to be 3.3 feet wide. 26 27 5. Section 78 -344 (1)(1), Construction and maintenance, to allow 9.5 -foot wide 28 parking spaces within the parking garage. 29 30 6. Section 78- 345(d)(1), Increase of parking spaces allowed, to allow for 25 31 additional parking spaces on -site. 32 33 7. Section 78 -364 (a), Number of loading spaces required, to allow for two 34 loading spaces. 35 36 8. Section 78 -319 (3), Minimum landscape buffer and planting requirements, to 37 allow for a 20 -foot wide landscape buffer adjacent to the 1 -95 right -of -way 38 around the lake. 39 40 9. Section 78 -563 (c), Lake maintenance tracts, to allow for a 12 -foot wide lake 41 maintenance easement. 42 43 44 45 46 4 Date Prepared: November 9, 2005 Resolution 175, 2005 1 SECTION 4. Said approval is subject to the following conditions, which shall be 2 the responsibility of the Applicant, its successors, or assigns: 3 4 1. The permitted uses shall consist of business and professional office. 5 Medical office uses shall not be permitted on site unless a traffic 6 equivalency analysis and a parking analysis are approved by the Growth 7 Management Administrator and the City Engineer via Administrative 8 Approval. (Planning & Zoning) 9 10 2. The monument sign shall include identification for no more than three 11 tenants and the project name "The Pointe." The tenant signs shall not 12 exceed 50% of the height of the project sign. (Planning & Zoning) 13 14 3. The Applicant shall submit an updated phasing plan to the City on or before 15 the anniversary date of the development order approval until build -out. 16 (Planning & Zoning) 17 18 4. If the on -site Art in Public Places (AIPP) is located within the lake, the 19 Applicant shall install a seating area, which shall include a shade structure 20 such as a landscape trellis in the general area of the proposed art location 21 adjacent to the lake prior to issuance of the last Certificate of Occupancy for 22 Phase I, subject to review and approval by the Growth Management 23 Department. (Planning & Zoning) 24 25 5. Prior to the issuance of the last Certificate of Occupancy for the first phase, 26 the Applicant shall provide a fountain including aeration within the wet 27 detention area on site. (Planning & Zoning) 28 29 6. Prior to issuance of the first building permit, the Applicant shall post escrow or 30 make payment in lieu for the Art in Public Places in accordance with City Code 31 Section 78 -262. (Planning & Zoning) 32 33 7. Prior to the issuance of the first Certificate of Occupancy, the City Council shall 34 review and approve the artwork design, and the approved art shall be installed 35 prior to the issuance of the last Certificate of Occupancy for Phase I. The Art 36 in Public Places Advisory Board may require the artwork to be cumulative for 37 both phases, and if the cost of the artwork in Phase I exceeds the AIPP 38 requirements for Phase I, the additional cost shall count towards Phase II 39 AIPP requirements. If the fountain is incorporated into the AIPP, credit may 40 be given for the fountain subject to review and approval by the Art in Public 41 Places Advisory Board and the City Council. (Planning & Zoning) 42 43 8. Prior to the issuance of the last Certificate of Occupancy for each phase, all 44 roof -top mechanical equipment shall be screened from view. (Planning & 45 Zoning) 46 5 Date Prepared: November 9, 2005 Resolution 175, 2005 9. At no time shall staging of construction vehicles and /or service vehicles occur within a public right -of -way. All vehicular construction activities shall use a construction access off of Military Trail. (Planning & Zoning) 10. The principal identification signs shall be limited to one type face, one color, and shall not exceed the length or height as delineated as signage copy area on the architectural elevations. The principal identification signs on the east elevations shall consist of a reverse backlight channel letter with one and one half -inch (1 %z ") deep returns, and the backlighting shall be no further than one and one half -inch (1 % ") off the wall. Backlighting for these signs on the east elevations shall be accomplished with LED bulbs, and backlighting with neon shall be prohibited. The first building sign permit to be issued by the Growth Management Department shall provide for the color and type face allowed for the office buildings. (Planning & Zoning) 11. The only building signage allowed for this site is reflected on the City Council approved architectural elevations. No other building signage shall be allowed. (Planning & Zoning) 12. Prior to the issuance of the first Certificate of Occupancy for Phase II, the Applicant shall install an eight foot wide sidewalk adjacent to the parking garage in lieu of the five -foot wide sidewalk reflected on the plans. (Planning & Zoning) City Foresfry 13. Within six months from the issuance of the first clearing permit, the Applicant shall remove all prohibited, invasive, and non - native plants from the site and install additional native material within the preserve, subject to the City Forester's review and approval. The Growth Management Administrator may grant a one -time, three -month time extension to this requirement. (Planning & Zoning) 14. Within six months from the issuance of the first clearing permit, the Applicant shall implement the City's Military Trail Median Landscape Plan adjacent to the subject site. The Growth Management Administrator may grant a time extension to this requirement only if the Applicant has demonstrated progress in implementing this condition. (City Forester) 15. The Applicant shall maintain and irrigate the Military Trail median from the southern property terminus to the northern property terminus. The Applicant shall also maintain and irrigate the Interstate 95 road shoulder landscaping from the site entrance to the western terminus, subject to Florida Department of Transportation (FDOT) approval. This condition may be amended at any time by a separate agreement between the City and the applicant. (City Forester) Date Prepared: November 9, 2005 Resolution 175, 2005 1 16. Within six months from the issuance of the first clearing permit, the 2 Applicant shall install all Interstate 95 road shoulder landscaping and 3 irrigation, subject to approval from the Florida Department of Transportation 4 (FDOT). The Growth Management Administrator may grant a time 5 extension to this requirement only if the Applicant has demonstrated 6 progress in implementing this condition. (City Forester) 7 8 17. Within six months from the issuance of the first clearing permit, the 9 Applicant shall install all buffers within Phase I in their entirety, in 10 accordance with the Pointe Phasing Plan, sheet three of four. The Phase II 11 buffer shall be completed within six months from the issuance of the first 12 clearing permit for Phase Il. The Growth Management Administrator may 13 grant a one -time, three -month time extension to this requirement. (City 14 Forestry) 15 16 18. Any major change to the approved landscape plan that results in a 17 downgrade, as deemed by the Growth Management Administrator, shall 18 require approval by the City Council in accordance with City Code Section 19 78 -306 (f). (City Forester) 20 21 Police Department: 22 23 19. Metal halide lighting shall be used for all street, walkway, and parking 24 garage lighting. (Police Department) 25 26 20. Prior to the issuance of the first Certificate of Occupancy for each phase, 27 lighting locations and building addresses shall not conflict with landscaping, 28 including long -term tree canopy growth. All light poles on -site shall not 29 exceed a height of 25 feet in the parking lot and 14 feet in pedestrian 30 pathways. (Police Department) 31 32 21. Prior to the issuance of the first Certificate of Occupancy for each phase, all 33 numerical addresses shall be placed at the front of each building. Each 34 numerical address shall be illuminated for nighttime visibility, shall provide 35 bi- directional visibility from the roadway (when applicable), shall consist of 36 12 inches in height and shall be a different color than the color of the 37 surface to which they are attached. (Police Department) 38 39 22. Prior to the issuance of the first Certificate of Occupancy for each phase, 40 the Applicant shall provide a timer clock or photocell sensor engaged 41 lighting above or near entryways and adjacent sidewalks. (Police 42 Department) 43 44 45 46 7 1 2 3 4 5 6 7 8 Date Prepared: November 9, 2005 Resolution 175, 2005 23. Prior to the issuance of the first building permit, the Applicant shall provide a street address system depicting street names and numerical addresses for emergency response purposes. Address system depiction shall be in 8.5" X 11" map format. (Police Department) 24. Prior to the issuance of the first Certificate of Occupancy for each phase, all building directories and mailboxes shall be located within the buildings. (Police Department) 25. Prior to issuance of the first Certificate of Occupancy for each phase, all structures shall be target hardened to include pre -wiring for an alarm system; all entry doors (excluding glass doors) shall be equipped with a metal plate over the threshold of locking mechanism; rear doors shall have 180 degree peephole viewers; case hardened deadbolt locks shall be on all exterior doors with minimum one -inch throw (excluding glass doors); door hinges shall be on the interior side of each door; and the main entries to all buildings shall be wired for closed circuit digital camera surveillance system. All glass doors shall be impact resistant. (Police Department) 26. Prior to the issuance of a building permit for the second phase, the Applicant shall submit a photometric plan that complies with the Illumination Engineering Society of North America (IESNA) standards for the parking garage, subject to review and approval by the City Engineer. (Police Department) 27. Prior to the issuance of the first Certificate of Occupancy for the second phase, the Applicant shall provide an access control system, utilizing a key pad or card system, for all doors and elevators in the parking garage, which shall be activated between the hours of 10:00 p.m. through 6:00 a.m. (Police Department) 28. Prior to the issuance of the first Certificate of Occupancy for the second phase, the Police Department shall approve the location of signs and graphics indicating exits, stairs, and elevators within the parking garage. (Police Department) 29. Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall work with the Police Department to develop a security plan, which may include the installation of a high - resolution, low -lux color digital video system, with monitoring and photo processing picture or video printout capabilities. (Police Department) 30. Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall install convex mirrors in the stairwells and in all elevators in locations approved by the Police Department. (Police Department) E, Date Prepared: November 9, 2005 Resolution 175, 2005 1 31. Prior to the issuance of the first building permit, the Applicant shall submit a 2 construction site security and management plan for review and approval by 3 the Police Department. Noncompliance with the approved security and 4 management plan may result in a stop -work order for the PUD. (Police 5 Department) 6 7 32. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 8 install a passive infrared activated supplemental lighting in the dumpster 9 enclosure area. (Police Department) 10 11 33. Prior to the issuance of the first Certificate of Occupancy for each phase, 12 the Applicant shall install a video camera in all elevators, subject to the 13 approved security plan. (Police Department) 14 15 Engineering 16 17 34. Prior to the issuance of the first land alteration permit, the Applicant shall 18 provide a signed and sealed pavement marking and signage plan. (City 19 Engineer) 20 21 35. The Applicant shall provide the City Engineer with copies of all 22 correspondence to and from regulatory agencies regarding issues on the 23 Pointe PUD. (City Engineer) 24 25 36. Prior to commencement of construction for each phase, the Applicant shall 26 provide all necessary construction zone signage and fencing as required by 27 the City Engineer. (City Engineer) 28 29 37. Prior to the issuance of the first land alteration permit, the Applicant shall 30 provide surety for public infrastructure, landscaping, and irrigation. The surety 31 shall be based on a cost estimate that is signed and sealed by an engineer 32 and landscape architect licensed in the State of Florida. The surety shall be 33 based on 110% of the total combined approved cost estimates and shall be 34 posted with the City prior to the issuance of the first building permit. (City 35 Engineer) 36 37 38. Prior to issuance of the first land alteration permit, the applicant shall provide a 38 cost estimate for all other on -site improvements which do not include public 39 infrastructure, landscaping, and irrigation costs. The cost estimate shall be 40 signed and sealed by an engineer licensed in the State of Florida and shall be 41 posted with the City prior to the issuance of the first building permit. (City 42 Engineer) 43 44 39. The Applicant shall comply with all Federal Environmental Protection Agency 45 and State of Florida Department of Environmental Protection permit 46 requirements for construction activities. (City Engineer) �7 Date Prepared: November 9, 2005 Resolution 175, 2005 40. Prior to the issuance of the first land alteration permit, the Applicant shall submit signed and sealed construction plans with all calculations by an engineer licensed in the State of Florida. (City Engineer) 41. Prior to construction plan approval, the Applicant shall schedule a pre - permit meeting with City staff. (City Engineer) 42. Prior to the issuance of the first land alteration permit, the Applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer licensed in the State of Florida. (City Engineer) 43. Prior to the issuance of the first land alteration permit, the Applicant shall provide a letter of authorization from the utility companies allowing landscaping within their easements. (City Engineer) 44. The construction, operation, and /or maintenance of any elements of the Pointe PUD shall not negatively impact the existing drainage of the surrounding areas. If at any time during development it is determined by City staff that any of the surrounding areas are experiencing negative drainage impacts caused by the development of the Pointe, it shall be the Applicant's responsibility to resolve said impacts in a period of time and a manner acceptable to the City. If said impacts are not remedied in a time period and manner acceptable to the City, the City may cease issuing building permits and /or Certificates of Occupancy until all drainage concerns are resolved. (City Engineer) 45. No Certificates of Occupancy shall be issued until the contract is let for the extension of the northbound left -turn lane along Military Trail at the median opening, which shall provide access to the property for 420 feet (370 feet of storage and 50 feet of taper). (Palm Beach County) 46. Prior to the issuance of the first Certificate of Occupancy, the existing U -turn lane adjacent to the subject site shall be re- striped to indicate a left turn into the subject site, subject to Palm Beach County's approval. (City Engineer) 47. Any amendment to the site access point shall require the Applicant to submit a revised traffic report for review and approval by the City Engineer and Palm Beach County. (City Engineer, Palm Beach County) 48. The build -out date for the Pointe PUD shall be December 31, 2005, unless extended per City Code Section 78-61. (City Engineer) 10 Date Prepared: November 9, 2005 Resolution 175, 2005 1 Miscellaneous 2 3 49. Prior to the issuance of the first building permit for each phase, digital files of 4 the approved plat shall be submitted to the Planning and Zoning Division, and 5 approved civil design and architectural drawings, including floor plans, shall be 6 submitted prior to the issuance of the first Certificate of Occupancy for each 7 phase. (GIS Manager, Development Compliance Officer) 8 9 SECTION 5. This Planned Unit Development shall be constructed in compliance 10 with the following plans on file with the City's Growth Management Department: 11 12 1. Sheets 1 through 4: Site Plan, Details, Phasing Plan, and Additional Open 13 Space Plan, prepared by Urban Design Studio, last revised on November 9, 14 2005, and received and stamped by the City on November 10, 2005. 15 16 2. Sheets 1 through 7: Alternative Landscape Plans, Specifications and 17 Details, prepared by Urban Design Studio, last revised on November 9, 18 2005, and received and stamped by the City on November 10, 2005. 19 20 3. Sheets 1 through 3: Photometric Plans, prepared by Urban Design Studio, 21 last revised on November 20, 2005, and received and stamped by the City 22 on November 28, 2005. 23 24 4. Sheets A -1.0 through A -3.5 (15 sheets total): Architectural Elevations, Floor 25 Plans, and Roof Plans, prepared by Oliver, Glidden, Spina, & Partners, last 26 revised on November 9, 2005, and received and stamped by the City on 27 November 10, 2005. 28 29 SECTION 6. This approval shall be consistent with all representations made by 30 the Applicant or Applicant's agents at any workshop or public hearing. 31 32 SECTION 7. This Resolution shall become effective immediately upon adoption. 33 34 35 (The remainder of this page left intentionally blank) 36 37 38 39 40 41 42 43 44 45 46 11 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 Date Prepared: November 9, 2005 Resolution 175, 2005 PASSED AND ADOPTED this JS"" day of DGct.,&.g- , 2005. ATTEST: BY: Patricia Snider, CMC, Ci y Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: KI Christine P. Tatum, 6ity Attomey VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT CITY OF PALM BEAC BY: AYE NAY ABSENT r F ri THE POI NTE ART IN PUBLIC PLACES ESTIMATED COST BREAKDOWN Info: Title: NOVA SU Shark Artist: Kent Ullberg Year: 2010 Kent UIIberg Sculpture Cost Breakdown: (All fees are estimated) $55,000.00 Design, approval process, fabrication specifications & working drawings: $2,500.00 Materials, Labor, Freight, Fabrication, Finishing $1,000.00 Installation Additional Site Work (Contractor /Permit) Cost Breakdown: (All fees are estimated) $5,000.00 Site Work: drainage, grading, footing, accent lighting, hardscape materials and installation, and AIPP Permit Fee (estimated). $3,000.00 Electrical design and installation and Permit Fee (estimated). AIPP TOTAL ESTIMATED COST ... ...............$65,500.0 � +11 yJ KENT ULLBERG - BIO 2010 A native of Sweden, Kent Ullberg is recognized as one of world's foremost wildlife sculptors. He studied at the Swedish Konstfack University College of Art in Stockholm and at museums in Germany, the Netherlands and France. He lived for seven years in Botswana, Africa, and served the last four years there as curator at the Botswana National Museum and Gallery. He has made his home permanently in the United States living on Padre Island, Corpus Christi, Texas. He also maintains a studio in Loveland, Colorado. Ullberg is a member of numerous art organizations that have honored him with many awards. These include, in New York City: the National Academy of Design, the Allied Artists of America, the National Arts Club, the National Sculpture Society and the Society of Animal Artists. In 1990 his peers at the National Academy of Design elected him a full academician, making him the first wildlife artist since John James Audubon to receive this tribute. His memberships include the American Society of Marine Artists, the Society of Wildlife Art of the Nations in Sandhurst, United Kingdom, and the Explorers Club. He is best known for the monumental works he has executed for museums and municipalities from Stockholm, Sweden to Cape Town, South Africa. His Fort Lauderdale, Florida and Omaha, Nebraska installations span several city blocks. In 1993 and again in 2008, Ullberg received the Henry Hering Medal from the National Sculpture Society for outstanding collaboration between architect, sculptor and patron in a monumental sculpture. In 1998 he won the Prix de West Purchase Award. Ullberg's work has appeared in major museums and corporate headquarters incl. the National Museum of Natural History in Stockholm, Sweden; the Salon d'Automne, Paris, France; the National Gallery in Botswana, Africa; and the National Geographic Society, Washington, DC. His sculptures can be found in the private collections of world leaders and celebrities. He is a major supporter of wildlife conservation. In 1996 he received the Rungius Medal, the highest honor bestowed by the National Museum of Wildlife Art. 1 RESOLUTION 77, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING ARTWORK, IN 6 SATISFACTION OF THE ART IN PUBLIC PLACES REQUIREMENT, 7 FOR THE POINTE PLANNED UNIT DEVELOPMENT (PUD), 8 LOCATED AT THE INTERSECTION OF I -95 AND MILITARY TRAIL 9 AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 10 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; 11 AND FOR OTHER PURPOSES. 12 13 14 WHEREAS, the City Council, as the governing body of the City of Palm Beach 15 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 16 Statutes, and the City's Land Development Regulations, is authorized and empowered 17 to consider petitions related to zoning and land development orders; and 18 19 WHEREAS, the City Council approved Resolution 175, 2005 which allowed two 20 (2) 75,000- square -foot professional office buildings and a four (4) story parking garage; 21 and 22 23 WHEREAS, on March 16, 2010, and September 20, 2010, public workshops 24 were held with the Art in Public Places (AIPP) Board; and 25 26 WHEREAS, on September 21, 2010, the AIPP Board recommended approval of 27 the proposed art with minor modifications due to safety concerns; and 28 29 WHEREAS, the Planning and Zoning Department has reviewed the application, 30 has determined that it is sufficient, and has recommended approval; and 31 32 WHEREAS, the City Council has considered the evidence and testimony 33 presented by the Applicant and other interested parties and the recommendations of 34 the various City of Palm Beach Gardens reviewing agencies and staff; and 35 36 WHEREAS, the City Council deems approval of this Resolution to be in the best 37 interests of the health, safety, and welfare of the residents and citizens of the City of 38 Palm Beach Gardens and the public at large. 39 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 42 OF PALM BEACH GARDENS, FLORIDA that: 43 44 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 45 46 47 Page 1 of 4 Resolution 77, 2010 1 SECTION 2. The application is hereby APPROVED for the proposed AIPP for 2 The Pointe PUD, subject to the general requirements provided by resolution for the real 3 property described as follows: 4 5 (See Exhibit "A" for Legal Description) 6 7 SECTION 3. This approval is subject to the following conditions, which shall be 8 the responsibility of and binding upon the Applicant, its successors, or assigns: 9 10 1. The Applicant shall install the subject art piece by a date certain of August 11 1, 2011. (Planning & Zoning) 12 13 2. Prior to the final release of the art escrow, the Applicant shall submit digital 14 photographs, both during the day and night, of the installed artwork. 15 (Planning & Zoning) 16 17 3. Prior to the final release of the art escrow for The Pointe PUD, the Applicant 18 shall submit a copy of its logo and any mission statement of its 19 organization, with authorization for the City to use such information in future 20 publications. The artist name, title of artwork, and description shall be 21 included. (Planning & Zoning) 22 23 4. Prior to the final release of the art escrow for The Pointe PUD, the Applicant 24 shall submit an actual cost breakdown for the artwork and any remaining 25 escrow balance will be applied towards any future art requirements for this 26 site. Furthermore, if the actual cost of the artwork in Phase I exceeds the 27 AIPP requirements for Phase I the additional cost shall be applied to Phase 28 II AIPP requirements. (Planning & Zoning) 29 30 SECTION 4. This petition is approved subject to strict compliance with the 31 Exhibits attached hereto and made a part hereof as follows: 32 33 1. The Pointe — Nova Shark, Sheet 1 of 1, prepared by Urban Design Kilday 34 Studios, dated September 7, 2010. 35 36 2. The Pointe — Cross Section, Sheet 1 of 1, prepared by Urban Design Kilday 37 Studios, dated September 7, 2010. 38 39 3. Dimensioned Nova Shark, Sheet 1 of 1, prepared by Urban Design Kilday 40 Studios, dated September 7, 2010. 41 42 4. Lighting Cut Sheets, Pages 52 and 97, prepared by 8 -K Lighting, Inc., 43 stamped by the City on September 8, 2010. 44 5. Adjustable Well Star, Drawing Number SUB- 1014 -07, prepared by 8 -K 45 Lighting, Inc., dated May 2002. M. Page 2 of 4 Resolution 77, 2010 SECTION S. This approval shall be consistent with all representations made by the Applicant or the Applicant's agent at any workshop or public hearing. SECTION 6. This Resolution shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 77, 2010 PASSED AND ADOPTED this day of , 2010. ATTEST: [-yj Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor AYE NAY ABSENT G:\attorney_ share \RESOLUTIONS\2010 \Resolution 77 2010 - pointe pud aipp.doc Page 4 of 4 Resolution 77, 2010 EXHIBIT "A" LEGAL DESCRIPTION THE POINT CORPORATE OFFICE PARK PLAT LYING IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST AS DESCRIBED IN PLAT BOOK 111, PAGES 189 THROUGH 192. CONTAINED IN ALL 9.184 ACRES, MORE OR LESS. Resolution 77, 2010 .x3ESOUI"ZON: A portion of 9w Soutrsast quardter (SE 114) of the Northwest quarter (NW114) of Section 1, TcwneMp 42 South, Rarhga 42 Eaat, Palm Booch County, Fbrida, being mom pNhr>ilcaEArrhy dowWbed as fbltksws: +Ct�NINtEN�CE at the Northeast corner of Tract "H" of GARDEN MAKES AMMO GARDEN ,SQUAD ~S acoorzlirr to the plat thereof recorded In Prat gook 34, Page 139, Publk Records of Pakn Boach County, Fbrtofa; ftnoo North 00' 59'20" East a distance of 9.00 feet to a point; thwwo North 01'4357' East a distance of 733.64 feet to a point on the North lhm of sold South half (S 112), Svugwmt quarter (SE 9), Northwest quarter (NW M); the non oonlInus North 01.4374" East a distance of 633.61 tart to the POINT OF BEGINNING of the hwMmftr drrated parcel; twwo North 881016W West a dry of 81.42 feet to a point; ffmom South 01'4374" West a dislonce of 71.37 feet to a point; dwonm South 115'32'14' West a distance of 180.40 feet to a point:. tm hcs South 01'4324" West s distance of 303.13 fbet to the bstpirming of a cue concave loft Nortmot tharfirhp a ram of 136.00 feet and a oentrel woo of 135';12'47"; tw= Soufwly, We Marty and Nort herfy, along the arc of said curia►, a Mkt noo of 322.53 fdW to to boglrvft of a compound curare c+oncam to the Northeast, haft a radius of 11031.92 feet and a corhtral ongb of 8-3179-, tho" Norfmiy, Mong this w c of said curve, a distance of 156.59 fire#; therhos Main 33'527(1' West s distance of 707.12 Beet to the bsornk of w curve vonceve to ft Nortfmat h rAV a radha of 3180.05 feet and a central #n9k of 01'0672"; thence Northerly, akwV the arc of said curve, a dWance of 81.39 dies to a pokht In the North tine of said Savth+r mt quarter (SE 114) of the Northwest quarter (NW114), Mono* South 00 *32V2" East, skwV said North Kne, a dlrtwvs o(874. 11 feet to a point on a fine 10 7. 00 fog Wset uhf, and peraM with, the East line of the Northwest quarter (NW114) of sold SecOon 1; therm South 01. 4374" Wean along said parliel tine, a dlshvm of 1W.04 feat to the POINT OF MEG' "10rtNrrNa. esasinp rwW horm we Chased upon the East firm of the NorVmW quwW (NW %) having ah baarring of N. 01.4374' E. and a# other bearings are relative thereto. Contail ft In aN 9.104 acras, more or loss. Resolution 77, 2010 EXHIBITS �!I !!�Aj WON 0 is wo c W J s Z . DV 00 c zW u etc m � is C I i� • r S. u 00 r M V lZa ,Q AW 1 _ rn c C N Y rn U) � ■i.f Vj� 7 �U� W Cl) a) U R3 U C Y C � _ t Q o Z C 'p o � 'in c C L E i- C] 0 O N N E d a m z_ F- 0 O LL QO Co z J m �-' w � J CL 0 J Z DQ � (n YO U) O CM W co m Q co U m Of Of LU a0 �O z� (LU) D p w� W J m Q H J D z wa 0Q ZJ 0 z z O U) W Q a a z U) W w a w w w O D w Q Z c9 Z_ F- O LL w W U O U U) w U Q u J m D w Z w F- z O 0- w e-- 0 P5 z O U w rC/n/ �/ 0 ryo, U Q Q O z :7) '.l c =1 =1 II-a. 11= U) w U Q u J m D w Z w F- z O 0- w e-- 0 P5 z O U w rC/n/ �/ 0 ryo, U Q Q O z :7) '.l c Adjustable Well Star" - W - �` 1 Features • Tamper proof design. Clear, tempered glass lens on cover and fixture. s Cast splice compartment with gasketed cover. s Cast brass concrete pour collar accessory available. 6 5/6" diameter, heavy wall composite housing. i Weather -tight cable connector with 5', 12 ga., 2 wire, low voltage cable. i Fixture adjustable to 35° from vertical and 360° rotatable. i Cast brass well cover with stainless steel hardware. Utilizes machined aluminum black anodized Nite Star`" i 0 g, Q( Listed with MR16 lamps to 50 watts. ii For use with remote transformers, see pages 92, 94, and 97. 52 Adjustable Well Star TM can be used in the most rugged applications. The heavy -duty, cast brass well cover and tempered glass lens allows the Adjustable Well Star to be used in drive -over or walk -over applica- tions. Three concealed, recessed, stainless steel set screws, for well cover attachment, makes the Adjustable Well Star virtually tamperproof. A black anodized Nite Star'" fixture is held securely in place by a stain- less steel bracket that allows for a full 350 aiming angle. When specified with the concrete pour collar, a completely flush installation can be achieved. CATALOG NUMBER LOGIC Example: Series Lamp Type 0 - By others 1 - ESX(20W), 12° Spot 2 - BAB(20W), 40° Flood 3- FRB(35W), 12 °Spot 4 - FRA(35W), 23° N. Flood 5 - FMW(35W), 40° Flood 15 - EYR(42W), 12° Spot Finish AW - I - NAT -! 16 - EYS(42W), 25° N. Flood 17 - EYP(42W), 40° Flood 6 - EXT(50W), 13° Spot 7 - EXZ(50W), 26° N. Flood 8 - EXN(50W), 40° Flood 9 - FNV(50W), 60° W. Flood Cast Brass Unfinished 0 0 Polished 6 5ie" Dia. � o Three Visually p Concealed 0 0 Stainless Steel BZW Set Screws TOP VIEW Regress Allows WHW for AW Face Plate Flush Mounting 35° 7 sie" Dia. 12" MR16 Lamp Gravel for Drainage (By others) SIDE VIEW CPC (Option) 52 Adjustable Well Star TM can be used in the most rugged applications. The heavy -duty, cast brass well cover and tempered glass lens allows the Adjustable Well Star to be used in drive -over or walk -over applica- tions. Three concealed, recessed, stainless steel set screws, for well cover attachment, makes the Adjustable Well Star virtually tamperproof. A black anodized Nite Star'" fixture is held securely in place by a stain- less steel bracket that allows for a full 350 aiming angle. When specified with the concrete pour collar, a completely flush installation can be achieved. CATALOG NUMBER LOGIC Example: Series Lamp Type 0 - By others 1 - ESX(20W), 12° Spot 2 - BAB(20W), 40° Flood 3- FRB(35W), 12 °Spot 4 - FRA(35W), 23° N. Flood 5 - FMW(35W), 40° Flood 15 - EYR(42W), 12° Spot Finish AW - I - NAT -! 16 - EYS(42W), 25° N. Flood 17 - EYP(42W), 40° Flood 6 - EXT(50W), 13° Spot 7 - EXZ(50W), 26° N. Flood 8 - EXN(50W), 40° Flood 9 - FNV(50W), 60° W. Flood Cast Brass Unfinished NAT Polished POL Miti ue MIT Powder Coat Color Wrinkle Bronze BZW Black White Gloss WHW rd - 11 - CPC Lens Type 1 9 - Clear (Standard), 10 - Spread, 12 - Soft Focus, 13 - Rectilinear Shielding 11 - Honeycomb Baff le CPC - Concrete Pour Collar (Must be factory installed.) B -K LIGHTING `, D C F Transformers Magnetic Low Voltage Transformer • Stainless steel enclosure • Separate high and low voltage wiring compartment • Primary voltage 120V • Secondary voltage 12V, 13V, 14V • Fully encapsulated core and coil • UL approved, wet location • (2) Side entry double KO's 1/2" or 3/4" in each compartment • Internal automatic reset primary overload protection • Fully dimmable Note: TR Series transformers have 12, 13, and 14 volt secondary taps. CAUTION...... DO NOT use 13 or 14 volt taps without consulting the factory engineering department through your local 8 -K LIGHTING REPRESENTATIVE. Electronic Low Voltage Transformer • Fully dimmable 120VAC input --Thermal plastic housing, fully encapsulated • Primary voltage 120VAC or 230VAC, 50/60 H2 • Secondary voltage 11.6V • FIR filtration • Primary overload protection • UL and sn: listed for use in weather proof enclosure • Soft start circuitry Note: Maximum operating ambient temperature 90 °C. Minimum operating ambient temperature -15 °C. Transformer must be housed in weatherproof enclosure. Other primary and secondary voltage available, consult factory. TRSS75 -120 TRSS150- Weight I Height Depth C D E F TR -100 100 VA 9lbs. 7 -3/4" 4- 5/16" 6 -3/8" 5 -1/2" 3" 1" TR -300 300 VA 12 lbs. 8 -1/4" 4- 5/16" 6 -3/8" 5 -1/2" 3" 1 -1/8" TR -500 500 VA 18 lbs. 10" 4 -1/2" 6 -5/8" 5 -3/4" 3" 1 -1/8" Electronic Low Voltage Transformer • Fully dimmable 120VAC input --Thermal plastic housing, fully encapsulated • Primary voltage 120VAC or 230VAC, 50/60 H2 • Secondary voltage 11.6V • FIR filtration • Primary overload protection • UL and sn: listed for use in weather proof enclosure • Soft start circuitry Note: Maximum operating ambient temperature 90 °C. Minimum operating ambient temperature -15 °C. Transformer must be housed in weatherproof enclosure. Other primary and secondary voltage available, consult factory. TRSS75 -120 TRSS150- ® B —K LIGHTING { I IB T B 97 Maximum Wattage Minimum Wattage Input Voltage Dimensions A B Depth TRSS75 -120 75 VA 10 VA 120V 2 -3/4" 1 -3/8" 1- 1/16" TRSS75 -230 75 VA 10 VA 230V 2 -3/4" 1 -3/8" 1- 1/16" TRSS150 -120 150 VA 20 VA 120V 4 -3/8" 2- 1/16" 1- 3/16" ® B —K LIGHTING { I IB T B 97 b � v �o % D Z° z r. y Q) I VI cn V2 v v c°° OOI r� rn q z o O o v° O`O ° o OOO w t, c) . p � y z E2 pL , W d° cmvb c�v��cmvvm v m p° ca o v U w-1 FBI U �ettt�sts"""s s v� o v HFad t .q 500ko-cvcvcv0000 o p° 0 wcu V, N Qi d O �N..�..0,.�� d� pd�i�zn'� % w a �'' :y o ° p•' [ o av o v v ~a D I I I I I I I I I I I P I n Urnrn�x C I �� N p ti I I I C0 O�CV C+)d�io -wr ODO w d W�.� -.0.�. O U O N O RS d �,rnaU It 0 0 m v .X m Urn 0 G me� �Q y k o n O rn (b b AW in ! 0. Id a,a7 N ms m ..+�r,� ai 6\ '� O LO !] Vol U L deli ° m �`�, li rz° y 5 v X y v O O U 0 v 0 D� , tU�> W W C Q y a m v U A m G % bs OO O.�i �a 0 Om r •d" a a�.a UR. u-C v7 U]dS CO u> 0 0 Q O O w m �~ O /j O O a v E" O U / m O Ll m % \1i m L C] v ko m 0 z D. t v o v C O m w O 'y L CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 4, 2010 Resolution 58, 2010 Subject/Agenda Item: Approve an Agreement between CareHere, LLC and the City of Palm Beach Gardens for an On -site Employee Healthcare Clinic [ X ] Recommendation to APPROVE [ ] Recommendation to DENY W Revie Originating Dept.: Costs: $ 621,246.00 Council Action: Human Resources & (Total) Fin nce ( ] Approved R. ax LdWman City Attorney $ Sheryl Stewart Current FY [ ]Approved w/ conditions Allan ns [ ]Denied Allan Owens Finance Administrator [ ] Continued to: Advertised: Funding Source: Attachments: ' Date: [ ] Operating �WJYIV_af� Paper: [ X ] Other Self- Insurance Fund • Resolution 58, 2010 Sheryl Skwart HR Administrator [ x ] Not Required Su fitted b : ete Bergel, Fire Chief Department Director Affected parties ied Budget Acct. #: 505.0950.519.3120 Appr a [ X ] Not required Ronald rris City Ma ger Meeting Date: November 4, 2010 Resolution 58, 2010 Page 2 of 4 BACKGROUND: In an effort to target health care and insurance costs, staff researched the possibility of establishing an on -site healthcare clinic for City employees and their dependents. This concept was presented to City Council on March 18th and June P during FY 2011 budget presentations. A growing number of agencies throughout Florida have either established or are in the process of establishing an on -site employee healthcare clinic, including the following agencies from which staff obtained information: • City of Port St. Lucie • City of West Palm Beach • City of Vero Beach • City of Palm Bay • City of Ocoee • Escambia County • Seminole County The City of Port St. Lucie's clinic has been operational since July 2007 and is currently operated via a contract with CareHere to manage /administer the clinic. In November 2009, staff visited the clinic and learned about its implementation day -to -day operations. In summary, Port St. Lucie (PSL) has realized a decrease in claims and a continuing increase in utilization. The clinic is now open fifty -two (52) hours per week, operating primarily on an appointment basis, from 8 a.m. to 5 p.m. with two (2) days until 7 p.m. and a half day on Saturday. Funding Funding for an employee clinic would come primarily from the savings to the City gained by the reduction of medical claims costs. Symetra, the City's health re- insurance provider, has advised that the establishment of an on -site healthcare clinic would reduce the City's monthly claims and stop loss re- insurance rates by five percent (5 %). Additional savings on specific premiums may be possible after clinic outcomes are available. As part of the RFP process, proposers were required to provide a financial analysis and project operational costs and claims savings to the City. As an example, in FY 2007, Port St. Lucie budgeted $923,500 for the clinic (including retrofits to an existing building, medical supplies, equipment, and all operational costs). In FY 2010, $1,111,356 was budgeted for the clinic. PSL has saved approximately $1.3 million dollars in healthcare costs since the clinic opened in 2007. Benefits to the City and its Employees • On -site basic primary care services provided by licensed medical personnel (i.e., physician, registered nurse, medical assistant) • Free access for employees and dependents (no co -pays) • Less time out of the office for doctor's visits • Reduction in costs of medical claims • Reduction in out -of- pocket medical expenses Potential reduction in occupational health costs • Increased focus on healthcare, preventive care, disease management, and wellness Increased employee health and productivity Meeting Date: November 4, 2010 Resolution 58, 2010 Page 3 of 4 RFP Process Based on the data collected, a Request for Proposals for an On -Site Employee Healthcare Clinic was released on April 4, 2010 (RFP# 2010 -002) through Demandstar, the City's online procurement site, in accordance with City purchasing procedures. The deadline to submit proposals was May 3, 2010. The City received nine (9) proposals. Each proposal was required to address the following: • Basic primary care services to be provided (i.e., labs, physicals, wellness, nutrition) • Urgent care services (i.e., sutures, tetanus shots, x -rays) • Pharmacy services (providing free commonly used generic drugs) • Financial analysis projecting operational costs and claims savings to the City In addition to the proposal for basic services, the following services were part of the RFP should the City choose to add them to the contract in the future: • Occupational Health services • Workers Compensation services • Employment related drug testing Services will be provided via contract with a company to manage the clinic (i.e., handle hiring and operations). The City will be responsible for providing the location. Based upon availability and accessible physical location, Fire Station #3 on Northlake Boulevard is the recommended clinic site. On May 10, 2010, the Selection Committee, including members from Fire - Rescue, Finance and Human Resources Departments, met to review and score the nine (9) proposals (see attached Evaluation /Ranking Form). Each proposal was scored on the following evaluation criteria: • Years of experience providing on -site healthcare clinic services • Past performance of providing on -site healthcare clinic services • Demonstrated reduction of healthcare costs as a result of the provision of on -site healthcare clinic services • Number of active contracts providing on -site healthcare clinics for public sector clients • Overall approach to the provision of on -site healthcare clinic services Based upon the above, the Selection Committee short- listed the following three (3) highest scoring proposers for oral presentations which were heard on May 17, 2010: CareHere, LLC; Medical Development International LTD, Inc.; and Healthstat, Inc. On June 3, 2010, the Committee met to evaluate the presentations based on the following criteria: • Initial evaluation (max 5 points) • Proposer's qualifications (max 5 points) • Business plan (max 5 points) • Similar projects (max 5 points) • Past performance Meeting Date: November 4, 2010 Resolution 58, 2010 Page 4 of 4 Result CareHere, LLC was ranked the highest by the Selection Committee. As a result, the Committee recommends the City enter into an agreement with CareHere, LLC. CareHere has been involved in employee benefit programs since 1983 and has been managing on -site healthcare systems for over four (4) years, including thirteen (13) clinics statewide. A summary of CareHere's projected operational costs and savings to the City is as follows: Staffing: Physician (MD), Registered Nurse (RN), Medical Assistant (MA) Hours: 30 per week Start-up Costs: $25,000 (i.e., equipment, supplies, license fee). City to cover costs to retrofit the facility. Ongoing Costs: Administrative Fee $130,548/year ($23 per employee per month, based on 473 employees) Estimated Staffing $332,500 (assumes $150 /hr. for MD, $45 /hr. for RN, $30 for MA) Estimated Rx Costs $94,948 Estimated Lab & Supplies $ 38,250 Total Estimated Costs: $621,246 (not to exceed) Estimated Savings: F year $170,000 2nd year $500,000 3rd vear $840.000 Estimated Three (3) Year Total $1,510,000 Staff is recommending Council approval of the attached Agreement with CareHere, LLC, for a three (3) year contract term. The contract provides for ninety (90) days' written notice to cancel the contract or immediately if funds are not available to cover the cost of the services. Should Council approve and award the contract, CareHere estimates approximately ninety (90) to one hundred twenty (120) days to open the clinic for operations. STAFF RECOMMENDATION: Staff recommends approval of Resolution 58, 2010 as presented. r. 1 RESOLUTION 58, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH 6 CAREHERE, LLC TO PROVIDE AN ON -SITE EMPLOYEE 7 HEALTHCARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE 8 SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR 9 OTHER PURPOSES. 10 11 12 WHEREAS, the City desires to provide an on -site healthcare clinic for the benefit 13 of the City employees; and 14 15 WHEREAS, the City issued a Request for Proposal on April 4, 2010, RFP 16 Number 2010 -002 for an on -site healthcare clinic; and 17 18 WHEREAS, the City received a proposal to provide an on -site healthcare clinic 19 from CareHere, LLC; and 20 21 WHEREAS, the City wishes to provide an on -site healthcare clinic and enter into 22 an agreement with CareHere, LLC, which agreement is attached hereto as Exhibit "A "; 23 and 24 25 WHEREAS, the City Council deems approval of this Resolution to be in the best 26 interests of the health, safety, and welfare of the residents and citizens of the City of 27 Palm Beach Gardens and the public at large. 28 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF PALM BEACH GARDENS, FLORIDA that: 32 33 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 34 35 SECTION 2. The City Council hereby approves an agreement with CareHere, 36 LLC for an on -site healthcare clinic for an amount not to exceed $621,246.00, 37 authorizes the Mayor to execute the Agreement and authorizes the City Manager to 38 approve future agreement renewals. 39 40 SECTION 3. This Resolution shall become effective immediately upon adoption. 41 42 43 44 45 46 Page 1 of 2 1 PASSED AND ADOPTED this 2 3 4 5 6 7 8 9 10 ATTEST: 11 12 13 BY: 14 Patricia Snider, CMC, City Clerk 15 16 17 APPROVED AS TO FORM 18 AND LEGAL SUFFICIENCY 19 20 21 BY: 22 R. Max Lohman, City Attorney 23 24 25 26 27 VOTE: 28 29 MAYOR LEVY 30 31 VICE MAYOR PREMUROSO 32 33 COUNCILMEMBER RUSSO 34 35 COUNCILMEMBER JABLIN 36 37 38 39 40 41 42 43 44 45 46 Resolution 58, 2010 day of , 2010. CITY OF PALM BEACH GARDENS, FLORIDA L'3'1 David Levy, Mayor AYE NAY ABSENT 47 G:\attorney_ share \RESOLUTIONS\2010 \resolution 58 2010 - CareHere agmt for on -site health clinic.doc Page 2 of 2 Resolution 58, 2010 EXHIBIT "A" AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND CARE HERE, LLC THIS AGREEMENT is made and entered into this day of , 2010, by and between the City of Palm Beach Gardens, a Florida municipal corporation, with offices located at 10500 North Military Trail, Palm Beach Gardens, Florida 33410, hereinafter referred to as "City ", and CareHere, LLC, a Tennessee limited liability company, with offices located at 215 Jamestown Park Drive, Suite 204, Brentwood, Tennessee 37027, hereinafter referred to as "CareHere." WHEREAS, the City desires to retain the services of CareHere to provide physicians or physician extenders (nurse practitioners or physician assistants) and/or medical assistants at the City's place of business to perform certain medical services to the employees, dependents, and retirees of the City in accordance with the City's Request for Proposal Number 2010 -002 dated May 3, 2010, and CareHere's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, CareHere and the City agree as follows: ARTICLE 1. PROVISION OF PHYSICIAN OR PHYSICIAN EXTENDERS 1.01 Provision of Medical Professionals. CareHere shall arrange for a Physician(s) and Physician Extender (Physician Assistant or Nurse Practitioner(s)) (hereafter collectively referred to as "Medical Professional ") and Nurse (either Registered or Licensed Practical Nurse) and other medical support staff (hereafter referred to as "Medical Assistant ") to be located at the designated site of the City to provide Medical Services (as defined herein) to the employees, dependents, and retirees of the City thereof. CareHere is not committing to arrange for a particular person as the Medical Professional or Medical Assistant, and at any time and from time to time CareHere may change the Medical Professional/Medical Assistant with the City's approval. CareHere will be responsible for providing Medical Professional(s) and staff at all scheduled times of clinic operation. The City shall have the opportunity to meet and greet all final Medical Professional (provider- level) candidates identified by CareHere. The City shall also have the right to have CareHere remove a Medical Professional upon written notice, which notice shall specify the time by which the provider shall be removed. As used herein, the term "Medical Services" means, with respect to the City, the medical services with respect to which CareHere has agreed to arrange for a Medical Professional and other medical staff to be present pursuant to this Agreement. The Medical Services with respect to which CareHere has agreed to arrange for a physician and support medical staff are listed on Exhibit "A ", attached hereto and incorporated herein. Page 1 of 12 1.02 Standards of Medical Professional Performance. CareHere shall contract with an independent Medical Professional such that the Medical Professional is obligated to perform or deliver the following, supported by a Medical Assistant under the Medical Professional's direction, control, and supervision: (a) The Medical Professional shall determine his/her own means and methods of providing Medical Services in connection with this Agreement. (b) The Medical Professional shall comply with all applicable laws and regulations with respect to the licensing and the regulation of physicians, and shall ensure that the medical staff does the same with respect to the licensing and regulation of staff. (c) The Medical Professional and Medical Assistant shall provide the Medical Services in a manner consistent with all applicable laws and regulations and in a professional manner consistent with Medical Services provided in the community. (d) The Medical Professional shall maintain, during the term of this Agreement, Appropriate Credentials, including: (1) A duly- issued and active license to practice medicine and prescribe medication in the State of Florida; (2) A good standing with his or her profession and state professional association; (3) The absence of any license restriction, revocation, or suspension; (4) The absence of any involuntary restriction placed on his or her federal DEA registration; and (5) The absence of any conviction of a felony. (e) In the event that any Medical Professional (1) has his/her license to practice medicine or prescribe medication restricted, revoked, or suspended, (2) has an involuntary restriction placed on his/her federal DEA registration, (3) is convicted of a felony, or (4) is no longer in good standing with his/her professional or state licensing authority, CareHere shall immediately remove that Medical Professional and replace such Medical Professional with another Medical Professional who meets the requirements of Section 1.02. (d). CareHere shall require any Medical Professional to remove and immediately replace any Medical Assistant or other Health Professional (as defined in Section 1.08) who has his/her professional license restricted, revoked, or suspended, is convicted of a felony, or is no longer in good standing with his/her professional or state licensing authority. The City shall be notified of such actions by CareHere. Page 2 of 12 (f) CareHere shall require the Medical Professional to ensure that any Medical Assistant complies with the requirements of this Section 1.02 with respect to performance, licensing, certification, and good standing, as applicable, except as otherwise provided in Section 1.06 with respect to medical doctor interns and residents. CareHere shall require the Medical Professional to notify CareHere immediately in the event the Medical Professional learns of the possibility that any of the events specified in Section 1.02(e) may occur with respect to the Medical Professional and Medical Assistant, and CareHere shall immediately notify the City of such notification so that the City can determine whether or not to exercise its right to remove the Medical Professional pursuant to Section 1.01. (g) This Agreement and the independent contractor agreement in which CareHere has agreed to arrange for Medical Professionals to be located at the City's work site are intended to comply with the laws of Florida that allows CareHere to hire a physician to treat the City's eligible employees, retirees, and the dependents of each. 1.03 Scheduling of Services. CareHere shall contract with the Medical Professional/Medical Assistant for the Medical Professional to provide the Medical Services at a location(s) and hours of operation as approved by the City. Both CareHere and the City shall agree upon a target clinic opening date (typically 90 to 120 days following execution of the Agreement) for the Medical Provider to begin delivering Medical Services. 1.04 Place of Services. The City shall provide the Medical Professional a facility with maintenance and utilities that is located at a site designated by the City, which, in the judgment of CareHere, shall be reasonably satisfactory for the provision of the Medical Services. CareHere shall supply the City with example clinic facility floor plans along with minimum facility requirements, including, but not limited to, minimum exam room space, cabinetry, counter space, lockable medication storage, internet connectivity, telephone and fax connectivity, as well as other agreed -upon requirements. The City agrees to coordinate, manage, fund, and oversee any construction and/or renovation required to provide the Place of Services. The City agrees that the Place of Services will be prepared, cleaned, and ready for CareHere to occupy at least two (2) weeks before the targeted clinic opening date. Page 3 of 12 1.05 Equipment and Supplies. In accordance with Article 2 of this Agreement, the City shall reimburse (on a pass - through cost only basis) CareHere for the equipment and supplies which are listed, but not limited to, the items in Exhibit `B ", attached hereto and incorporated herein (in addition to a chair, a desk, a file cabinet, and office supplies, all of which shall also be obtained by CareHere and submitted to the City for reimbursement). The Medical Professional shall notify, at any time and from time to time, CareHere of the quantity of such equipment and such supplies which the Medical Professional reasonably requires in connection with the provision of the Medical Services and the date by which such equipment and such supplies are required, and CareHere shall provide such equipment and such supplies by such date which will be reimbursed to CareHere by the City. 1.06 Liability Insurance. CareHere shall be responsible for providing evidence of the following minimum amounts of insurance and coverage prior to the clinic opening date as set forth in Section 1.03. Failure to provide this written evidence prior to the commencement date may be grounds for immediate cancellation of any award. (a) Workers' Compensation Insurance. As required by law, the policy must include Employer's Liability with a minimum limit of One Hundred Thousand Dollars ($100,000) for each accident, Five Hundred Thousand Dollars ($500,000) disease policy limit, and One Hundred Thousand Dollars ($100,000) disease each employee. (b) General Liability Insurance. $1,000,00053,000,000 (c) Automobile Liability Insurance. For non -owned vehicles, and hired vehicles — One Million Dollars ($1,000,000) annual aggregate, One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury, and One Million Dollars ($1,000,000) per accident for property damage. (d) Medical Malpractice Insurance. $1,000,000/$3,000,000 The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of A or better, in accordance with the latest edition of A.M. Best's Insurance Guide. Coverage shall not have any extraordinary exclusions. Except as to Medical Malpractice, Workers' Compensation, and Employer's Liability, said Certificate(s) shall clearly state that coverage required by the contract has been endorsed to include the City of Palm Beach Gardens, a municipal corporation of the State of Florida, its officers, agents, and employees as Additional Insured. The Certificate of Insurance shall unequivocally provide thirty (30) days' written notice to the City prior to any adverse change, cancellation, or non - renewal of coverage there under. Said liability insurance must be acceptable to and approved by the City as to form and types of coverage. In the event that the statutory liability of the City is amended during the term Page 4 of 12 of this Agreement to exceed the above limits, CareHere shall be required, upon thirty (30) days' written notice by the City, to provide coverage of at least equal to the amended statutory limit of liability of the City. 1.07 Responsibilities of Parties. The City and CareHere are independent contractors. The Medical Professional shall be solely responsible for his/her actions and/or omissions and the actions and/or the omissions of any agent or any employee used by him/her (including, without limitation, any Medical Assistant) in connection with providing the Medical Services contemplated by this Agreement. Neither the City nor CareHere shall have any control or involvement in the independent exercise of medical judgment by the Medical Professional and/or any Medical Assistant, and neither the City nor CareHere shall incur any liability for the actions or the omissions of the Medical Professional and/or any agent or any employee used by the Medical Professional (including, without limitation, any Medical Assistant) in connection with this Agreement. CareHere agrees to indemnify and hold harmless the City from and against any cost, damage, expense, loss, liability, or obligation of any kind, including, without limitation, reasonable attorney's fees, including fees and costs on appeal, which the City may incur in connection with CareHere's arranging for Medical Professionals or Medical Assistants to be present, or with the medical services provided by them, under this Agreement. However, such indemnification by CareHere shall not be construed to mean malpractice insurance in any manner. Said indemnity obligation shall be supported by appropriate liability insurance with minimum limits required by the State of Florida. 1.08 Other Licensed Health Professional. The City agrees and acknowledges that the Medical Professional may from time to time have other Health Professionals, as defined herein below, assist the Medical Professional and/or replace the Medical Professional during his/her regularly scheduled time at the City's place of business in the event of an emergency at a hospital or at the Medical Professional's office (provided, however, that CareHere will require the Medical Professional to ensure that the services provided by replacement individuals do not exceed the scope of their professional training and licensure). "Health Professional" shall mean a duly - licensed nurse, medical doctor, and/or licensed physician extender. Section 1.07 shall apply in the same manner to the Health Professional as such section applies to the Medical Professional. CareHere shall also ensure, or require the Medical Professional to ensure, that all Health Professionals who provide services hereunder have insurance coverage consistent with the requirements of Section 1.06. From time to time the Medical Professional, upon consent of an eligible employee or retiree of the City and/or eligible spouse or dependent of the employee, may have medical doctors that are interns or residents associated with one of the medical schools in the state observe and assist the Medical Professional for educational and teaching purposes under the Medical Professional's direct supervision. The same level of professional standards as set forth in Section 1.02 shall apply as well to Health Professionals, other than medical doctor interns and residents working under the direct supervision of the Medical Professional. Page 5 of 12 1.09 Billin . CareHere shall contract with the Medical Professional that the Medical Professional shall not bill or otherwise solicit payment from employees, retirees, and/or their eligible dependents of the City or from the City Self- Insurance Internal Service Fund for the Medical Services provided by the Medical Professional. 1.10 Medical Records. CareHere shall contract with the Medical Professional to maintain medical records w of all the patients, which medical records shall be maintained in a professional manner consistent with the accepted practice of the community in which the Medical Professional provides the Medical Services in connection with this Agreement. CareHere and the Medical Professional shall comply with federal and state privacy standards. All patient records maintained by the Medical Professional in connection with this Agreement shall be the sole property of the Medical Professional and CareHere. In the event medical records require transfer of ownership (e.g., termination, transfer, assignment of Agreement, etc.), CareHere shall represent the designated records owner. Notwithstanding any provision of Section 1.10, all patients shall be entitled to copies of their individual medical records at the patient's expense. The cost of medical record reproduction shall not exceed $0.15 per page for single -sided copies and $0.20 per page for double -sided copies. The City and CareHere understand and agree that all of the medical records and other protected health information maintained by the Medical Professional will be held by the Medical Professional and CareHere in accordance with state and federal law, and that the City will not be entitled to have access to the medical records maintained by CareHere and the Medical Professional without an appropriate written authorization from the patient/employee, eligible dependent or retiree, or as required or permitted by law. To ensure compliance with the above, CareHere and/or the Medical Professional shall develop and implement policies, standards, and procedures to protect the confidentiality and security of the medical records, and ensure that Medical Assistants and other employees are trained in these policies, standards, and procedures. 1.11 Reports. CareHere shall provide to the City within thirty (30) days following each month, quarter, and annual period of operations, and more frequently as deemed appropriate by CareHere and the City, a written report with respect to the provision by the Medical Professional of the Medical Services during the immediately preceding month, quarter, and annual period. The written report shall be in a form reasonably satisfactory to the City and CareHere, and it is contemplated that the written report will report (a) the number of employees, retirees, and eligible dependents treated by the Medical Professional during such immediately preceding period; (b) the number of employees for whom work - related treatments were provided; (c) the number of employees, retirees, and eligible dependents for whom primary care services were provided; (d) the type and frequency of services provided; and (e) the type and frequency of drugs dispensed. Page 6 of 12 1. 12 Noncompliance by Medical Professional. In the event the City becomes aware of any failure by the Medical Professional to comply with the obligations of the Medical Professional which are contemplated by this Agreement, the City shall immediately provide written notice to CareHere of such failure, which written notice shall describe the failure in reasonable detail, and CareHere shall use immediate efforts to address such failure. In the alternative, CareHere may arrange for the substitution of another person as the Medical Professional. When the substitution is considered as a candidate for regular replacement as a Provider, the City shall have the opportunity to meet and greet the candidate. As provided in Section 1.01, the City shall have the right to require the immediate removal of the Medical Professional (provider - level) by CareHere. 1.13 Provision of Management Services. Medical Services to be provided by the independent on -site Medical Professional include, but are not limited to, the items listed in Exhibit "A ". ARTICLE 2. COMPENSATION 2.01 Initial Setup Deposit. The City is responsible for the expense of setting up the clinic. Upon execution of this Agreement, the City shall pay to CareHere $25,000 to cover CareHere's purchase of the equipment and the supplies listed in Exhibit `B ". If these expenses total less than $25,000, the City will receive a credit; if the expenses exceed $25,000, CareHere will bill the City for the difference which the City will pay within thirty (30) days of receipt of the bill. Prior to purchasing any items for the initial setup, CareHere shall provide the City an itemization of the cost of said equipment and supplies. The City, within ten (10) business days, shall notify CareHere of any items which the City can direct - purchase at a lower cost. Subject to review and approval by CareHere of any direct - purchase items, the City shall be responsible for providing these items within a mutually agreed upon timeframe. The setup fee for any Occupational /Workers' Compensation services outside of those listed in Exhibit "A ", if any, will be an additional amount. 2.02 Monthly Service Fees. Monthly invoicing by CareHere will commence upon the targeted opening date agreed upon pursuant to Section 1.03 of this Agreement. No later than the 15th day of each calendar month immediately following the receipt of the CareHere invoice, the City shall pay CareHere the amount of $23.00 per City employee per month for the Medical Professional and . the other services provided under this Agreement. Page 7 of 12 2.03 Additional Fees. In advance of the first day of each month, CareHere shall submit a Statement of Proposed Expenditures detailing an amount equal to the sum of the estimate of that month's medical expenditures and an adjustment from prior months' actual expenditures for Medical Professional and Medical Assistants fees, medical supplies, equipment, and other tangible items that may be required by CareHere or the Medical Professional to provide adequate Medical Services under this Agreement. The City shall pay CareHere such amount invoiced no later than the 15`h day of the calendar month immediately following the receipt of the CareHere invoice. Upon request, CareHere or the Medical Professional shall make available supporting documentation for expenditures. 2.04 Not to Exceed. For the first twelve (12) months following the effective date of this Agreement, CareHere shall guarantee that the hourly fee rate (to include medical malpractice cost) paid to Medical Professionals and Medical Assistants shall not exceed the amount associated with each. Medical Professional — Physician Medical Professional — Physician Assistant/Nurse Practitioner Registered Nurse — Registered Nurse Medical Assistant — Certified Medical Assistant $150.00 hourly fee rate maximum $75.00 hourly fee rate maximum $45.00 hourly fee rate maximum $30.00 hourly fee rate maximum The rates listed above are based on the provision of Medical Services by one (1) Physician, one (1) Physician Assistant or Nurse Practitioner, one (1) Nurse, and one (1) Certified Medical Assistant. Any modification to the complement of positions shall be approved pursuant to Section 1.02. 2.05 When Occupational Health/Workers' Compensation services beyond those listed in Exhibit A are desired, the City shall pay to CareHere a yet- to -be- determined amount agreed upon by CareHere and the City. ARTICLE 3. TERM AND TERMINATION 3.01 Term. This Agreement shall be for a term of three (3) years following the actual date of delivery of medical care to patients. Upon mutual written agreement, this Agreement may be renewed or extended as agreed to by the parties in writing. Any renewal or extension shall be at the sole discretion of the City and will be subject to appropriation of funds by the City. Notice of nonrenewal by either the City or CareHere must be given in writing to the other party at least sixty (60) calendar days prior to the end of the initial term or of any renewal term. 3.02 Termination of Agreement. The City reserves the right to terminate this Agreement should any of the following apply: Page 8of12 (a) In the event of a default by CareHere as set forth herein, this Agreement may be terminated, at the City's sole discretion, by providing ninety (90) days' written notice of default to CareHere. If CareHere fails to cure the default to the reasonable satisfaction of the City within the subject ninety (90) day notice period, this Agreement shall automatically terminate. (b) The City has determined that it will be in the best interest of the City to terminate this Agreement for its own convenience. Termination for convenience shall be effected by providing no less than ninety (90) days' written notice to CareHere. However, notwithstanding the forgoing, the City may not terminate for convenience during the first twelve (12) months of medical operations by CareHere. (c) Following the first twelve (12) months of operation, the City may terminate this Agreement effective within ninety (90) days by providing written notice to CareHere if funds are not available to cover the cost of the services. The City's obligation is contingent upon annual appropriation of funds in accordance with Florida Law. 3.03 Effect of Expiration or Termination. The expiration of this Agreement shall not affect the obligation of the City to pay compensation to CareHere or pay for any outstanding invoice for the period prior to such expiration and shall not affect the obligation of CareHere to provide monthly reports for the period prior to the effective date of such expiration. In the event of termination for default, CareHere will be paid for services rendered to the City's reasonable satisfaction as of the termination date. No consideration will be given for anticipated loss of revenue for the canceled portions of this Agreement. Upon contract termination or expiration, all City property (keys, etc.) shall be returned prior to final payment. Payment shall be made for services rendered to the City's reasonable satisfaction through the date of termination or expiration. 3.04 Non - Compete. The City recognizes that CareHere has an investment in the recruiting and specific training of the Medical Professionals arranged for and provided by CareHere for on -site healthcare services to the City. Therefore, in the event of Termination by the City, for a period of one (1) year, the City shall not engage the use of the on -site professional healthcare services of those Medical Professionals arranged for and provided by CareHere. ARTICLE 4. MISCELLANEOUS 4.01 Notice. All notices and other communications permitted or required pursuant to this Agreement shall be in writing, addressed to the party at the following address: Page 9 of 12 CitV City of Palm Beach Gardens Attention: City Manager 10500 N. Military Trail Palm Beach Gardens, FL 33410 With copy to: R. Max Lohman, Esq., City Attorney Corbett and White, P.A. 1111 Hypoluxo Road, Suite 207 Lantana, FL 33462 Contractor CareHere, LLC Attention: Ben Baker, Member 215 Jamestown Parkway, Suite 204 Brentwood, TN 37027 With copy to: CareHere Crowne, LLC Attention: Ray Tomlinson, Member 1552 Boren Drive, Suite 100 Ocoee, FL, 34761 All notices and other communications shall be (a) mailed by certified or registered mail, return receipt requested, postage pre -paid, (b) personally delivered, or (c) sent by telecopy with a receipt confirmation. Notices personally delivered or sent by telecopy shall be deemed given at time of receipt. 4.02 Transferability. Except as provided in Section 4.06, neither the City nor CareHere may assign or otherwise transfer this Agreement to a third party without written consent from the other party, which may not be unreasonably withheld. 4.03 Severability. If any section or part of a section of this Agreement is for any reason held or declared to be inoperative or void by a Florida Court of competent jurisdiction, such decision of inoperativeness or act shall not affect the remaining portion(s) of the section(s) involved or any other section of this Agreement. 4.04 Governing Law and Venue. This Agreement shall be governed by the laws of the State of Florida, and venue for any legal proceedings arising under this Agreement shall lie in Palm Beach County, Florida. Should either party initiate legal proceedings to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs, including fees and costs on appeal. 4.05 Access to Books and Records. Both CareHere and the City agree to provide to the other party access to their books and records as they relate to this Agreement and are in compliance with HIPAA and other applicable privacy rules. 4.06 Successors. This Agreement is binding upon the parties, their successors and assigns. Thirty (30) days' notice of any change in majority ownership, management, etc., shall be given the other party by the party experiencing the change. In such event, this Agreement shall be assumed upon a change of ownership, change of control, change in management, reorganization, etc., of or at CareHere. 4.07 Counterparts. This Agreement may be executed in several counterparts, all of which taken together shall constitute one single agreement between the parties hereto. Page 10 of 12 4.08 Entire Agreement; Amendment. This Agreement, along with the Request for Proposal, attached hereto and incorporated herein as Exhibit "C ", shall be included and incorporated in the final award and shall constitute a portion of this Agreement, together with Careflere's Proposal Submittal, attached hereto and incorporated herein as Exhibit "D ", and all specification documents. This Agreement shall not be amended or waived, in whole or in part, except in writing signed by both the City and Careflere. (The remainder of this page intentionally left blank) Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY U81 a R. Max Lohman, City Attorney WITNESS: By: Print Name: By: Print Name: CITY OF PALM BEACH GARDENS, FLORIDA Lo David Levy, Mayor CAREHERE,LLC Ben Baker, Member (CORPORATE SEAL) G:\ attorney_share\AGREEMENTS\PBG -CH Agreement—Final-10-19-2010 (2).docx Page 12 of 12 EXHIBIT "A" SCOPE OF SERVICES Medical Services to be provided by the independent on -site Medical Professional include, but are not limited to, the following: • Chronic illness evaluation, treatment and management o Diabetes o High Cholesterol o Hypertension • Acute conditions o Sore throats /ears/headache o Cough, Sinus o Strains /sprains /musculoskeletal problems o Acute urinary complaints • Lab testing • Medication dispensements • Occupational conditions o OJI/Work- related injuries (Workers' Compensation triage services which will include the evaluation and treatment of minor /non - specialty services) o Minor surgical procedures, such as sutures for laceration treatment • Employment related activities o Pre - employment and routine physicals o Pre - employment drug testing • Personal hygiene related problems • Ordinary and routine care of the nature of a visit to the doctor's office Long -Term Prevention Programs Included • LabInsight Health Risk Assessment with comprehensive blood draw analysis • Aggregate data analysis from your employee population that allows us to develop just the right programs for you Pharmaceutical Program Management • tailored to your specific population • Physician/Nurse "Reach Out" Program to touch the people with the highest health risks • Population Health Management programs targeted for the greatest impact (obesity, diabetes, high blood pressure, etc.) • Disease /Case Management — we proactively assign a "coach" to help those employees with the greatest need • Self Care Education Tools and Manual online and in print form • Comprehensive Health Education Training • Physician Health Seminars • Population Promotions • Customized Programs in consult with Employer and CareHere EXHIBIT "A" (cont.) Program Enablers and Infrastructure Included • 800 Customer Support • 24x7 Online Scheduling System • Online Medical Management & Tracking System • Clinic Best Practices Sharing • Clinic Inventory Management (supplies, medications, etc.) • Physician Recruiting • Medical Assistant Recruiting • Physician Management • Medical Assistant Management • Analysis, Trends, Reporting & Survey Results ",r. _':- EXHIBIT "B" SAMPLE SETUP MEDICAL SUPPLIES AND EQUIPMENT Exam table /stool Disinfectant Small refrigerator Waste cans Lockable cabinet Waste can liners Gooseneck light Gloves Diag Set 3.5V Halogen/disposable covers Suture supplies Sundry jars Glucose test supplies Pillow /pillow covers (cloth and disposable) Urinalysis supplies Table paper Strep testing supplies Thermometer/disposable covers Mono testing supplies 4 X 4's Disposable gowns Tongue depressors Disposable drapes Cotton balls Thermometer freezer Alcohol 3" Elastic bandage Alcohol dispenser Cold pack Blood pressure cuffs Emesis basins Stethoscope Medications /Injectables (by physician order Surgical tape Lab supplies tubes, requisitions, tourniquets) Biohazard bags and removal service Wall Posters, Charts Biohazard stickers Small desk and chair (if not provided by Employer) "Allergic To" stickers Needles Sharps containers Syringes Computer, Fast Internet Connection, "4 in 1" Printer/Fax/Copier/Scanner Trash removal, clean-up, and general maintenance Fire extinguisher EXHIBIT "C" REQUEST FOR PROPOSALS (RFP) FOR ON -SITE EMPLOYEE HEALTHCARE CLINIC PROVIDER PROPOSAL OPENING: May 3, 2010, 2:00 P.M. CITY OF PALM BEACH GARDENS 10500 N. Military Trail Palm Beach Gardens, FL 33410 (561) 799 -4100 TABLE OF CONTENTS LEGAL NOTICE 3 GENERAL TERMS & CONDITIONS 4 -10 NOTIFICATION OF PUBLIC ENTITY CRIMES LAW 11 TECHNICAL SPECIFICATIONS 12 -15 INSPECTION OF FACILITIES ACKNOWLEDGMENT 16 PROPOSAL SUBMISSION STATEMENT 17 DRUG -FREE WORKPLACE FORM 18 PROPOSER'S CHECKLIST 19 MODEL AGREEMENT 20 -21 EXHIBITS: EXHIBIT A - FLOOR PLAN EXHIBIT B - GROUP SUMMARY OF THE PRESCRIPTION DRUG PROGRAM EXHIBIT C - CLAIMS EXPERIENCE, UTILIZATION REPORTS, AND SELF - FUNDING ANALYSIS LEGAL NOTICE THE CITY OF PALM BEACH GARDENS REQUEST FOR PROPOSALS (RFP) #2010 -002 The City of Palm Beach Gardens, Florida (City) is seeking proposals for the establishment and operation of an on -site employee healthcare clinic. The clinic will provide, at a minimum: basic primary care services; medication dispensing (excluding controlled substances that are identified in Schedules II, III, or IV in Sections 893.03, 893.035, or 893.0356, Florida Statutes); wellness (including nutrition) and disease management programs; annual physicals as required by certain classes of employees; basic laboratory screenings; and urgent care services (i.e., sutures, tetanus shots). In addition, the City requests proposals for additional services, such as occupational health services, workers' compensation services, and pre - employment/random /post- accident drug testing. The on -site clinic will be dedicated for the use of the City's employees, retirees, and dependents enrolled in the City's health insurance program. All proposals, one (1) original, five (5) copies, and one (1) CD in PDF format, must be received at the address below no later than Monday, May 3, 2010, 2:00 P.M., at which time all submittals will be publicly opened and read aloud in the City of Palm Beach Gardens Council Chambers, 10500 N. Military Trail, Palm Beach Gardens, Florida. Receipt of a response by any City office, receptionist, or personnel other than the City Clerk's Office does not constitute "receipt" as required by this solicitation. The City Clerk's time stamp shall be conclusive as to the timeliness of receipt. RFP documents may be obtained from the City's website at www.pbgfl.com or the City Clerk's Office at the address below. Any questions regarding the specifications in this RFP are to be directed to Mary Anderson - Pickle, Deputy Finance Director, (561) 799 -4164, manderson @pbgfl.com. The Proposer's inspection of facilities is mandatory and shall be conducted on Tuesday, April 20, 2010, 10:00 A.M., at Fire Station #3, 5161 Northlake Boulevard, Palm Beach Gardens. All RFP documents are to be sealed when submitted and be delivered or mailed to: The City of Palm Beach Gardens City Clerk's Office 10500 N. Military Trail Palm Beach Gardens, FL 33410 On the envelope(s) or box(es) containing the Submittal shall be written in large letters: RFP No. 2010 -002 On -Site Employee Healthcare Clinic. The City of Palm Beach Gardens is exempt from Federal and State Taxes for tangible personal property. The City of Palm Beach Gardens reserves the right to accept or reject any and /or all submittals, in whole or in part, with or without cause, to waive any irregularities and /or technicalities, and to award the Contract on such coverage and terms it deems will best serve the interests of the City. CITY OF PALM BEACH GARDENS Patricia Snider, CMC, City Clerk Publish; Palm Beach Post Sunday, April 4, 2010 Ww- GENERAL TERMS & CONDITIONS 1. GENERAL INFORMATION These documents constitute the complete set of specification requirements and Proposal forms. All Proposers are instructed to provide one (1) original Proposal signed in ink, five (5) copies, and one (1) CD in PDF format. Proposals must be completely filled in, signed, sealed, and returned to the City Clerk's Office on or before the specified time and date. It is the sole responsibility of the Proposer to ensure that his or her Proposal reaches the Clerk's Office on or before the closing date and time. The City shall in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram, or facsimile shall not be accepted. The Proposal time must be and shall be scrupulously observed. Under no circumstances shall Proposals delivered after the time specified be considered. Such Proposals will be returned to the Proposer unopened. All Proposals must be typewritten or written in ink and must be signed in ink by an officer or employee having authority to bind the company or firm. The term "day" wherever used in this document refers to calendar day. Proposers shall not be allowed to modify their Proposals after the opening time and date. Proposal files may be examined during normal working hours, after the Proposal opening, by appointment only. For information concerning this Proposal, please contact: Mary Anderson - Pickle, Deputy Finance Director Phone: 561.799.4164 Fax: 561.799.4134 manderson @pbgfl.com 2. ACCEPTANCE/REJECTION The City of Palm Beach Gardens reserves the right to accept or reject any and /or all Proposals and make the award to that Proposer, who in the sole opinion of the City will be in the best interest of and /or the most advantageous to the City. The City of Palm Beach Gardens also reserves the right to reject the Proposal of any person or entity that has previously failed in the proper performance of an award or has failed to deliver on -time contracts of a similar nature or who, in the sole opinion of the City, is not in a position to perform properly under this award. The City of Palm Beach Gardens reserves the right to waive technicalities and /or any irregularities, and may, at its sole discretion, reject all Proposals and request a re- Proposal. 3. NON - COLLUSION Proposer certifies that this Proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal for the same materials, services, supplies, or equipment and is in all respects without collusion or fraud. No premiums, rebates, or gratuities permitted, either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials, or discontinuation of service and the possible removal from the vendor Proposal list(s). 4. CONFLICT OF INTEREST The award is subject to provisions of State Statutes and County and City Ordinances. All Proposers must disclose with the Proposal the name of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Further, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10 %) or more in the Proposer's firm or any of its branches. 5. LEGAL REQUIREMENTS Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer shall in no way be cause for relief from responsibility. Persons or entities doing business with the City 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, employment practices, rates of pay, or other compensation methods and training selection. 6. MISTAKES In the event of addition error(s), the unit price will prevail, and the Proposer's total offer will be corrected accordingly. Proposers must check their Proposal where applicable. Failure to do so will be at the Proposer's risk. Proposals having erasures or corrections must be initialed in ink by the Proposer. 7. AVAILABILITY OF FUNDS The obligations of the City of Palm Beach Gardens under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Palm Beach Gardens City Council. 8. EEO STATEMENT The City of Palm Beach Gardens is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, age, and sex. 9. AWARD CRITERIA/EVALUATION PROCEDURES Proposers desiring a copy of the Proposal tabulation of the Request for Proposals may request same by enclosing a self- addressed stamped envelope with their Proposal. The award of the contract will be based on certain objective and subjective criteria listed below: Evaluation Criteria Points 1. Years of experience providing on -site healthcare clinic service 20 2. Past performance of providing on -site healthcare clinic service 20 3. Demonstrated reduction of healthcare costs as a result of the provision of on -site healthcare clinic services 20 4. Number of active contracts providing on -site healthcare clinics for public sector clients 20 5. Overall approach to the provision of on -site clinic services 20 Evaluation of Proposals will be conducted by the Selection Committee, an evaluation committee of qualified City staff or other person(s) selected by the City. The Selection Committee will evaluate all responsive Proposals based upon the information and references contained in the Proposals as submitted. The Selection Committee may conduct discussions for clarification purposes only. Next, the Committee will score and rank all responsive and responsible Proposals. Short-List: The initial evaluation to short list Proposals will be conducted by the Selection Committee on Monday, May 10, 2010, 2 :00 P.M. Short-list awards shall be made to the responsible and responsive Proposers whose Proposals are determined to be the most advantageous to the City. A maximum of three (3) qualified candidates may be selected. Oral Presentation: Proposers selected for the short list, as described above, shall be requested to provide a twenty (20) minute oral presentation on their Proposal to the Selection Committee on Monday, May 17, 2010 (appointment times TBD) in the Council Chambers at City Hall, 10500 N. Military Trail, Palm Beach Gardens, Florida. The Selection Committee will evaluate the presentations in accordance with the criteria listed below: * Initial evaluation (Max. 5 points) * Proposers' qualifications (Max. 5 points) * Business plan (Max. 5 points) * Similar projects (Max. 5 points) * Past performance (Max. 5 points) Maximum total points awarded: 25 points The selected highest ranked Proposer resulting from this process will be recommended to the City Council for award. 10. CONTRACTUAL AGREEMENT This Request for Proposal shall be included and incorporated in the final award and shall constitute a portion of the contract, together with the Proposer's submittal and all specification documents. Any and all legal action necessary to enforce the award will be held in Palm Beach County, and the contractual obligations will be interpreted according to the laws of the State of Florida with reasonable attorney fees and costs awarded to the prevailing party, including all appeals. 11. TERM OF CONTRACT The successful Proposer shall be awarded a contract for a three (3) year term. Upon mutual written agreement, the contract may be renewed or extended as agreed to by the parties in writing. Any renewal or extension shall be at the sole discretion of the City and will be subject to appropriation of funds by the City. 12. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Proposer as to the meaning of the bid documents. Any inquiry or request for interpretation received in writing 72 hours prior to the bid opening will be given consideration. Any questions by prospective Proposers concerning this Request for Proposal should be sent in writing to Mary Anderson - Pickle, Deputy Finance Director, (561) 799 -4164, who is authorized only to direct the attention of prospective Proposers to various portions of the Proposal so they may read and interpret such for themselves. All changes and /or interpretations will be made in writing in the form of an Addendum and, if issued, will be mailed or sent by available means to all known prospective Proposers prior to the established Proposal opening date. Submission of a Proposal constitutes acknowledgment by the Proposer of the receipt of Addenda. All Addenda are a part of the RFP documents, and each Proposer will be bound by such Addenda, whether or not received by him /her /it. It is the responsibility of each Proposer to verify that he /she /it has received all Addenda issued before the Proposals are opened. No authorization is allowed by City personnel to interpret or give information as to RFP requirements in addition to that which is contained in the written RFP documents and Addenda. 13. CERTIFICATION, LICENSES, AND PERMITS Proposers must hold all required State Certification and /or licenses, permits, business tax receipts, and any other certification necessary to complete this contractual agreement. Copies of these certificates, licenses, and permits must be submitted with the Proposal and must be in the name of the person or entity shown on the Proposal Response Form. A City of Palm Beach Gardens business tax receipt shall be obtained and submitted within five (5) business days after Notification of Award is received. 14. INSURANCE AND BOND REQUIREMENTS It shall be the responsibility of the successful Proposer to provide evidence of the following minimum amounts of insurance and bond coverage prior to the start of work. Failure to provide this written evidence prior to the commencement date may be grounds for immediate cancellation of any award. • Workers' Compensation Insurance — as required by law. The policy must include Employer's Liability with a minimum limit of One Hundred Thousand Dollars ($100,000) for each accident, Five Hundred Thousand Dollars ($500,000) disease policy limit, and One Hundred Thousand Dollars ($100,000) disease each employee. • General Liability Insurance — Two Million Dollars ($2,000,000) minimum limit Combined Single Limit • Automobile Liability Insurance for owned vehicles, non -owned vehicles, and hired vehicles — One Million Dollars ($1,000,000) annual aggregate, One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury, and One Million Dollars ($1,000,000) per accident for property damage. • Products /Completed Products Operations - Two Million Dollars ($2,000,000) aggregate • Medical Malpractice Insurance - Two Million Dollars ($2,000,000) minimum limit. The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of A or better, in accordance with the latest edition of A.M. Best's Insurance Guide. Coverage should not have any extraordinary exclusions. Except as to Medical Malpractice, Workers' Compensation, and Employers Liability, said Certificate(s) shall clearly state that coverage required by the contract has been endorsed to include the City of Palm Beach Gardens, a municipal corporation of the State of Florida, its officers, agents, and employees as Additional Insured. The Certificate of Insurance shall unequivocally provide thirty (30) days' written notice to the City prior to any adverse change, cancellation, or non - renewal of coverage there under. Said liability insurance must be acceptable to and approved by the City as to form and types of coverage. In the event that the statutory liability of the City is amended during the term of the agreement to exceed the above limits, successful Proposer shall be required, upon thirty (30) days' written notice by the City, to provide coverage of at least equal to the amended statutory limit of liability of the City. 15. PUBLIC ENTITY CRIME INFORMATION STATEMENT Each Proposal associated with work for a public entity must be accompanied by a signed acknowledgment of Notification of the Public Entity Crime Law (page 11). In-the event such acknowledgment is not submitted with the Proposal, the contract will not be awarded until said acknowledgment is submitted pursuant to Section 287.133(3)(a), Florida Statutes. 16. INDEMNIFICATION The successful Proposer agrees to protect, defend, reimburse, indemnify, and hold the City, its agents, employees, and elected officers and each of them free and harmless at all times from and against any and all claims, liability, expenses, losses, suits, costs, fines and damages (including attorney fees), and causes of action of every kind and character against or from the City by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, and any third or other party whomsoever or any governmental agency, arising out of or incident to or in connection with the Proposer's performance under the Agreement; provided, however, the Proposer shall not be responsible to the City for damages resulting out of bodily injury or damage to property which the Proposer can establish as being attributable to the sole negligence of the City, its respective agents, servants, employees, or officers. The indemnification shall include, but not be limited to, suits, actions, or claims brought because of any injuries or damages (including death) sustained by any person or property on account of the Proposer's operations in connection with the contract; or in consequence of any neglect in performing the work; or because of any act or omission by the Proposer. 17. SUCCESSFUL PROPOSER'S RESPONSIBILITY The successful Proposer shall be responsible for ensuring that all employees are in compliance, at all times, with the Terms, Conditions and Specifications outlined in this Request for Proposal. The successful Proposer shall be responsible for obtaining all necessary permits, licenses, and /or registration cards in compliance with all applicable Federal, State, and Local statutes pertaining to the services as specified. 18. SUPERVISION The successful Proposer shall provide an adequate number of trained, qualified Supervisors capable of providing adequate supervision to provide the services. Each Supervisor, to the satisfaction of the City's representative, shall be capable of verbal and written communication and shall be able to adequately communicate with the service workers. The City's representative may request the successful Proposer to remove any Supervisor if it is determined the individual is not performing the services in accordance with the terms and conditions of the Proposal. 19. EMPLOYEES Persons employed by the successful Proposer in the performance of services pursuant to this Proposal shall not be considered employees of the City, shall be independent thereof; and shall have no claim against the City as to pension, workers' compensation, insurance, salary, wages, or other employee rights or privileges granted by operation of law; and shall be 18 years of age or older. Under no circumstances will any employee of the successful Proposer be permitted to allow minors (under 18 years of age) and /or anyone who is not an employee of the successful Proposer to enter any non - public area of any City facility at any time for any reason. 20. COMPLAINTS Inspections by the City of Palm Beach Gardens will take place throughout the contract period. Complaints shall be documented and forwarded to the successful Proposer for immediate resolution. It is the responsibility of the successful Proposer to resolve all complaints within 24 hours of receipt of complaint from the City. 21. RIGHTS TO TERMINATE The City of Palm Beach Gardens reserves the right to terminate the contract entered into by the parties should any of the following apply: A) In the event of a default by the successful Proposer as set forth herein, the contract entered into by the parties may be terminated, at the City's sole discretion, by providing thirty (30) days' written notice of termination to the successful Proposer. In the event of termination for default, the successful Proposer will be paid for services rendered to the City's reasonable satisfaction as of the termination date. No consideration will be given for anticipated loss of revenue for the canceled portions of the contract. B) The City has determined that such cancellation will be in the best interest of the City to cancel the contract for its own convenience. Termination for convenience shall be effected by providing no less than ninety (90) days written notice to the successful Proposer. C) The City may terminate the contract effective immediately by providing written notice to the successful Proposer if funds are not available to cover the cost of the services. The City's obligation is contingent upon annual appropriation of funds in accordance with Florida Law. Upon contract termination or expiration, all City property (keys, etc.) shall be returned prior to final payment. Payment shall be made for services rendered to the City's reasonable satisfaction through the date of termination. 22. PROTECTION OF PROPERTY The successful Proposer shall at all times guard against damage or loss to the property of the City of Palm Beach Gardens and shall be held responsible for replacing or repairing any such loss or damage. The City of Palm Beach Gardens may withhold payment for services in lieu of reimbursement or replacement for loss or damage to property attributed to negligence of the successful Proposer or his /her agents. 23. KEY CONTROL Keys to City facilities shall not be duplicated, and the successful Proposer shall not allow any such items to be duplicated. Any such item which becomes lost, missing, or stolen shall be immediately reported to the City's representative. Should any keys be lost or stolen, the cost of changing locks or replacing the keys to buildings, rooms, or areas accessible by the lost or stolen keys will be deducted from the successful Proposer's invoice to the City for the work performed under the contract. 24. PAYMENT Payment will be made by the City after services have been received, accepted, and properly invoiced. 25. SECURITY AND IDENTIFICATION All measures necessary to comply with and to ensure that employees comply with the security rules and regulations of the City and all Federal, State and County rules, laws, and regulations shall be the responsibility of the successful Proposer. Employees of the Proposer serving hereunder shall not use controlled substances not prescribed for them, or illegal substances on or off the City's premises, and shall not use alcohol on the City's premises or preceding their work shift which would in any way affect the performance of the services. The successful Proposer shall attest in writing that a background check, to the extent allowed by law, of employment history and references has been conducted on each employee within four (4) weeks of initial employment. The City shall have the right to request any additional investigative background information, including, but not limited to, the employment record of any personnel assigned to perform the services. The successful Proposer shall furnish, in writing, such information to the extent allowed by law within thirty (30) calendar days after notification from the City's Human Resources Administrator. The City reserves the right to conduct its own investigation of any employee of the successful Proposer. The successful Proposer shall remove from service on the premises of the City any employee of the successful Proposer who, in the opinion of the City, is not performing the services in a proper manner, or who is incompetent, disorderly, abusive, dangerous, or disruptive or does not comply with the rules and regulations of the City. Such removal shall in no way be interpreted to require dismissal or other disciplinary action of the employee by the successful Proposer. 26. SEVERAB/L/TY If any section or part of a section of these General Terms and Conditions and Technical Specifications is for any reason held or declared to be inoperative or void by a Florida Court of competent jurisdiction, such decision of inoperativeness or act shall not affect the remaining portion(s) of the section(s) involved or any other section of these General Terms and Conditions and Technical Specifications. 27. NEEDED REPAIRS The successful Proposer shall promptly notify the City's representative of needed repairs and /or damage to fixtures, building, and appurtenances observed during the performance of the services. Any item of a critical, priority, or emergency nature will be verbally reported immediately to the City's Human Resources Administrator upon discovery with written notification to follow prior to the end of the work shift. 28. JURISDICTION AND VENUE This Agreement shall be governed by the laws of the State of Florida, and venue for any legal proceedings arising under this Agreement shall lie in Palm Beach County, Florida. 29. INSPECTION OF FACILITIES It is the Proposer's responsibility to become fully informed as to the nature and extent of the services required and its relation to any other work in the area, including possible interference from other site activities. The Proposer's inspection of facilities is mandatory and shall be conducted on Tuesday, April 20, 2010, 10:00 A.M., at Fire Station #3, 5161 Northlake Boulevard, Palm Beach Gardens. NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes (2009), you are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity; may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit Proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for CATEGORY Two [$25,000.00] for a period of 36 months from the date of being placed on the convicted vendor list. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date TECHNICAL SPECIFICATIONS GENERAL INFORMATION & BACKGROUND The City of Palm Beach Gardens, Florida (City) seeks to establish an on -site employee healthcare clinic. The clinic will provide, at a minimum: basic primary care services; medication dispensing; wellness (including nutrition) and disease management programs; annual physicals as required by certain classes of employees; basic laboratory screenings; and urgent care services (i.e. sutures, tetanus shots, x- rays). In addition, the City requests proposals for additional services, such as occupational health services and workers' compensation services. The on -site clinic will be dedicated for the use of the City's employees, retirees and dependents enrolled in the City's health insurance program. The City has self insured its medical insurance and has had an arrangement with Blue Cross Blue Shield of Florida since 2008 for the management of the self- insurance. BCBS of Florida has been the City's insurance provider since 1998. The City offers employees and their dependents three options for coverage: HMO, PPO, and an HSA. As of October 1, 2009, enrollment in these plans was as follows: Active Employees Plan Single Coverage Family Coverage TOTAL HMO 59 144 203 PPO 104 128 232 HSA 0 4 4 TOTAL 163 276 439 Retired Employees Plan Single Coverage Family Coverage TOTAL HMO 3 2 5 PPO 6 0 6 HSA 1 0 1 TOTAL 10 2 12 COBRA Participants Plan Single Coverage Family Coverage TOTAL HMO 4 2 6 PPO 4 4 8 HSA 0 0 0 TOTAL 1 8 1 6 1 14 GRAND TOTAL 1 181 1 284 465 Total Employees: 465 Total Dependents: 680 Total Members: 1,145 Attached to this RFP is the City's most recent claims experience and utilization reports. Staff has identified Fire Station #3 as the optimal location for the clinic given its physical location within the City and the availability of space within the station which could be converted for this purpose. Approximately 1,680 sq. ft. is available, which includes restrooms, office space, and general meeting space which could be converted into treatment rooms and a waiting area. The City will convert the space for clinic use. Conversion of the space is not the responsibility of the successful Proposer. See attached Exhibit "A" for the floor plan of the available area. MINIMUM QUALIFICATIONS Please prepare a cover letter for the Proposal, including, at a minimum, the following information: Proposer's Qualifications Please prepare a narrative explaining your company's qualifications relating to the services requested. At a minimum, please include the following information about your firm: a) Qualifications and experience of the Proposer, including type of business entity, organizational size, structure, and history; experience in the provision of the services requested herein; location of the office that would provide the contract services to the City. b) List at least three current contracts for the services described herein with a public sector client. Include the name and type of entity, the name and telephone number of the public officer in charge of the contract, and the years in which the services have been provided. If no contracts with public sector entities exist, please provide three other entities and include the same information requested above. Provide the name, title, work address, telephone number, and email address for the Proposer's point of contact for this RFP. c) Have any contracts been terminated for any reason? If so, please elaborate. d) Is your firm HIPAA compliant? Describe the system of controls your firm utilizes to ensure the security of personal health data. Have your network systems ever been breached? If so, please elaborate. e) Provide any other information that the Proposer believes would be helpful to the City in evaluating the Proposer's ability to provide the services requested in this RFP. PROPOSAL SPECIFICATIONS The following is a list of the basic services the City seeks to have provided by an on -site healthcare clinic, along with sets of questions specific to each service. Proposers may provide the information in either question and answer or narrative format. A. Basic Services a. Basic Primary Care 1. Explain how and when the clinic will operate (i.e., days of the week, hours per day), and whether evening and weekend operation is proposed. 2. How are appointments scheduled? Include method(s) for scheduling (i.e., online, walk -in) and standard time allotted for each appointment. 3. Describe in detail the types of medical issues that you will be equipped to diagnose and treat on site. 4. Clinic staff: a) How do you propose to staff the clinic? Include the number of and types of practitioners, including any non - medical staff. b) Will your physician(s) have hospital privileges? If so, where? c) Please provide the following information regarding the medical personnel you propose will staff the clinic. Resumes and job descriptions may be included. I. Minimum qualifications II. Job description and responsibilities for each individual /position 5. Describe the primary care case management process. 6. All proposals should address what medical treatment, if any, will be available after normal working hours. 7. Describe in detail what types of laboratory and x -ray services will be provided and how this will be accomplished. b. Medication Dispensing 1. How will medications be dispensed? Please explain what types of medications will be routinely stocked and how they will be dispensed (excluding controlled substances that are identified in Schedules II, III, or IV in Sections 893.03, 893.035, or 893.0356, Florida Statutes). 2. Will patients be charged for medications dispensed at the clinic? If so, please explain medication pricing. 3. Explain how the medications are managed, stored, and secured. (Please see attached Exhibit `B'; Group Summary for the City's Prescription Drug Program.) C. Wellness, Nutrition, and Disease Management Programs 1. Explain how your company or firm intends to provide wellness, nutrition, and disease management programs. 2. What other services related to these programs can be provided (i.e. registered dietitian). d. Urgent Care Services 1. Please explain in detail how you will provide urgent care services. Include examples of emergency medical conditions which will be treated on site. 2. How will urgent care issues that cannot be treated at the clinic be handled? e. Proposed Program Costs 1. Please include the following in your detailed pricing proposal: a) Start-up costs and fees, including build out requirements to implement your proposed operation plan for the clinic; b) Total annual contract amount, with a detailed breakdown of the costs included; c) Indicate all payment terms and conditions (i.e., costs to the City, costs to patients); d) Financial projections (Please see attached Exhibit "C ", Claims Experience, Utilization Reports, and Self- funding Analysis); and e) Provide evidence demonstrating reduced health costs for your existing and /or former clients. B. Optional/Future Services to be Provided While the City desires to provide the basic services listed above when the clinic becomes operational, there are other, secondary services that are required by the City which could be provided by the clinic. Please provide a brief overview, including the cost of providing the service, for each of the services listed below: a. Occupational Health Services b. Workers' Compensation Services C. Pre - Employment Drug Testing d. Random and Post - Accident Drug Testing C. Equipment. Furnishings, and Supplies Please provide a list of all equipment, furnishings, and supplies you will use to set up and operate the healthcare clinic. NOTE: The City will be responsible for the interior build -out of the facility and for limited furnishings (i.e., lobby furnishings, such as chairs, tables). D. Service Evaluation and Measurement Tools a. Provide examples and descriptions of your standard management reports. Please indicate the frequency with which the City will receive each report. b. Explain how you evaluate clinic services and track results. Please indicate the frequency for same and how this information will be communicated to the City's point of contact for the project. E. Timeline Provide a detailed timeline covering the period from Contract Award /Notice to Proceed through the first day of operation. INSPECTION OF FACILITIES ACKNOWLEDGMENT This is to certify that , who is a qualified representative from has visually inspected the City facilities as set forth in the RFP. At this time, the City's representative, , was available to answer any questions and completely informed Proposer as to the nature and extent of the work required relative to this Request for Proposals. Failure to submit the above - requested information with Proposal shall be cause for rejection of the Proposal. Name of Proposer (print) Signature City's Representative Date Date PROPOSAL SUBMISSION STATEMENT I, the duly authorized representative of hereby declares that I have carefully, and to my satisfaction, examined the attached General Terms and Conditions, Technical Specifications and have submitted this Proposal to the City of Palm Beach Gardens for the Contract for On -Site Employee Healthcare Clinic services on behalf of the above - referenced company. Further, I declare that I have made a full examination of the location of the proposed work and hereby agree to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work. We agree to honor this Proposal if awarded the Contract and further agree that if we are selected as a secondary Proposer we will assume the contract at the prices set forth herein for the remainder of the term of the Contract previously awarded. The undersigned hereby declares that, subject to provisions of the State Statutes and Local Ordinances, there is no officer, director, or agent who owns, directly or indirectly, an interest of ten (10 %) or more in Proposer's firm or any of its branches, who is also an employee of the City. The undersigned agrees to execute a Contract with the City of Palm Beach Gardens within thirty (30) days after the date on which notice of award has been given in accordance with substantially the same terms stated in the Model Agreement. The undersigned hereby designates as his /her office address to which notices may be delivered or mailed. Agreed to this day of , 2010. Signature Business Address Phone Number Typed Name City, State, and Zip Code Fax Number DRUG -FREE WORKPLACE is a drug -free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Authorized Signature Company FEI Number: Address: Date PROPOSER'S CHECKLIST In order for Proposals to be considered, Proposer must submit one (1) original COMPLETE packet signed in ink, five (5) complete copies, and one compact disc (CD) with proposal in PDF format. Proposals MUST be sealed and on the envelope(s) or box(es) containing the Submittal shall be written in large letters: RFP No. 2010 -002 On -Site Employee Healthcare Clinic. PROPOSERS FAILING TO SUBMIT THE REQUIRED ITEMS MAYBE CONSIDERED NON - RESPONSIVE. Proposal Response Items: Please prepare Proposals in the following order, tabbed, and clearly labeled: ❑ Cover letter stating, at a minimum, the Proposer's responses to the items listed under Minimum Qualifications ❑ Proposal specifications ❑ Inspection of Facilities Acknowledgement ❑ Proposal Submission Statement ❑ Notification of Public Entity Crimes Law ❑ Drug -Free Workplace Form ❑ Any additional information, literature, etc., if applicable MODEL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND This Agreement is entered into this day of , 2010, effective immediately, by and between with offices located in County, at , hereinafter referred to as "Contractor", and THE CITY OF PALM BEACH GARDENS, a municipal corporation, with offices located at 10500 North Military Trail, Palm Beach Gardens, Florida 33410, hereinafter referred to as "City ". WITNESSETH City and Contractor, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and value of which is hereby acknowledged by both parties, hereby agree as follows: 1. City and Contractor both hereby agree to enter into an agreement for an On -site Employee Health Clinic Provider. This agreement will commence on the effective date written above. 2. All the terms and conditions of the agreement shall be the terms and conditions as specifically set forth in the Proposal for the City of Palm Beach Gardens' Contract for On -site Employee Health Clinic Provider, General Terms and Conditions and Technical Specifications (the "Proposal "), attached hereto and incorporated herein as Exhibit "A ", and the Proposer's fully- executed Proposal submitted to the City and attached hereto and incorporated herein as Exhibit "B ". Both parties hereby agree and acknowledge that this two (2) page agreement, together with all proposal documents (Exhibits "A" and "B ") and all insurance documents required thereby, the fully executed Public Entities Crime Affidavit and any other materials required under the proposal documents, attached hereto and incorporated herein as Exhibit "C ", shall constitute the entire agreement. 3. Notice as required in the agreement documents shall be sufficient when sent by certified mail or hand delivered to the parties at the following addresses: city City of Palm Beach Gardens Attn: City Manager 10500 N. Military Trail Palm Beach Gardens, FL 33410 Contractor 4. Contractor shall perform all work required in accordance with the Proposal Specifications for an amount not to exceed and is hereby authorized to commence this project. 5. Contractor agrees to complete all work in accordance with the approved written schedule of proposed work submitted as part of the requirements as set forth in the "General Terms and Conditions" and the "Technical Specifications" of the Proposal and in accordance with the Contractor's Proposal. The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of any contract, including any or all of its right, title, or interest therein, or his or its power to execute such contract to any person, company, or corporation without prior written consent of the City of Palm Beach Gardens. 6. The term of this Agreement is for a three (3) year term. The Agreement may be renewed or extended under the same terms and conditions unless modifications to the terms and conditions are approved in writing by both parties and attached as an addendum to this Agreement. 7. This two (2) page agreement, along with all other documents referred to in paragraph 2. above, constitute the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties, and attached hereto as an addendum to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day of , 2010. WITNESSES: (Corporate Seal) (City Seal) ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By R. Max Lohman, City Attorney (CONTRACTOR) By: CITY OF PALM BEACH GARDENS, FLORIDA By: Ronald M. Ferris, City Manager EXHIBIT "D" TITLE: RFP # 2010 -002 On -Site Employee Healthcare Clinic City of Palm Beach Gardens PROPOOED BY: Care*~/ May 3, 2010 CareHere, LLC Principals: Ernie Clevenger and Ben Baker EClevenger @CareHere.com; BBaker @CareHere.com 215 Jamestown Park Drive, Suite 204 Brentwood, TN 37027 Phone: 615- 221 -5901 Fax: 775- 259 -8354 TITLE: RFP # 2010 -002 On -Site Employee Healthcare Clinic City of Palm Beach Gardens PROPOSED BY: r e���! May 3, 2010 CareHere, LLC • Principals: Ernie Clevenger and Ben Baker EClevenger @CareHere.com; BBaker @CareHere.com 215 Jamestown Park Drive, Suite 204 Brentwood, TN 37027 Phone: 615- 221 -5901 Fax: 775- 259 -8354 Authorized ature Ernest A. Clevenger, President Print Name /Title May 3, 2010 Date 2 Table of Contents Tab Description Page 1. Minimum Qualifications 6 2. Proposal Specifications 8 3. Required Forms 31 a. Inspection of Facilities Acknowledgement b. Proposal Submission Statement c. Notification of Public Entity Crimes Law d. Drug -Free Workplace Form C 0 TAB 1: A Letter of Transmittal Care tee! 215 Jamestown Park Dr. Suite 204 • Brentwood, TN • 37027 www.CareHere.com 877 - 423 -1330 Dear Mrs. Anderson - Pickle: CareHere is honored to submit this RFP to the City of Palm Beach Gardens. This proposal follows the form as outlined in RFP #2010 -01 for Onsite Medical Clinic. CareHere has several years of experience in providing dedicated on -site employer clinics that perform occupational health services such as physicals, drug testing /screening, immunizations, worker's comp care, as well as primary care, chronic and disease management, wellness, prescription dispensing and other complimentary services for the purposes of achieving cost efficiencies and improving the health and well being of eligible participants. Crowne has proven experience in assisting clients with comprehensive health care solutions for more than 20 years and for the past 3 years, helping public sector clients integrate those health care solutions with a customized medical clinic program. • CareHere has a proven track record for organizing and managing on -site medical clinics for private and public employers around the country, including Counties, School Boards, and Cities. Through our Florida partnership, we are responsible for bringing this concept to Florida municipalities like the City of Port St. Lucie, the City of Ocoee and the City of Palm Bay, and St. Johns County School District. CareHere's services are comprehensive and integrated, allowing us to address all major cost drivers of health insurance which provides immediate and long term solutions for cost savings. Our model and approach addresses prescription costs, as well as professional office visits costs which are approximate 50% of claims costs for our clients. The other two major claims components (in- patient and out - patient claims) are addressed through our unique and proprietary approach to wellness, disease & case management which mitigates costs over time. This has yielded measurable improvements and cost savings within the first year of service for all of our clients. Our overall patient satisfaction has been documented and found to be overwhelmingly positive with the vast majority of eligible employees and dependents using our services. Each year participation increases with more employees and their families voluntarily naming the on -site clinic as their primary care provider. Furthermore, our unique financial arrangement with City of Palm Beach Gardens helps ensure that our goals are properly aligned for the purpose of aggressively reducing costs and is improving the wellness of patients. This enhances our ability to provide unbiased advice 4 without hidden or misaligned financial incentives. We have no financial ties to hospitals or 46 pharmacy companies, nor do we have alternative revenue models or additional facilities that require referrals from our clinics for revenue. This has been an important factor in our client renewal and success rate. CareHere has a diverse team that is experienced in providing and supporting on -site clinics for organizations like City of Palm Beach Gardens and will be responsible for managing our services and have authorization to represent our organization. This includes Ernest Clevenger, Ben Baker, Michelle Anglea, Joc Collignon, Brooks Smith, Anthony Dallas, Leigh Anne Baker, Brendie Keane, as well as additional team members that work under their direction. CareHere's Florida team is headed up by our VP of Florida Operations, Ray Tomlinson, who can be reached at 1552 Boren Drive, Suite 100, Ocoee, Florida, 34761. Other team members include Brian Lemay, Jason Tomlinson, Mary Ann Grant, Bo Herrington, and John Watson and others such as our exercise physiologist and registered dieticians. Additional background information and experience is included in the RFP response as requested. We welcome the opportunity to meet in person to explain or further discuss any aspect of this RFP. . Au prized Si at e Ernest A. Clevenger, President Print Name /Title Mgy 3 2010 5 MINIMUM QUALIFICATIONS Please prepare a cover letter for the Proposal, including, at a minimum, the following information: Proaoser's Qualifications Please prepare a narrative explaining your company's qualification relating to the services requested. At a minimum, please include the following information about your firm: a. Qualifications and experience of the Proposer, including type of business entity, organizational size, structure, and history, experience in the provision of the services requested herein; location of the office that would provide the contract services to the City. The principals of CareHere, LLC have been involved in employee benefit programs since 1983 and have been managing onsite healthcare systems for over four years. CareHere was formed in January 2004 as a limited liability corporation domiciled in the state of Tennessee. Based in Brentwood, Tennessee, CareHere was formed for the purpose of managing • onsite healthcare services for sponsoring organizations. CareHere draws on the rich technical experience of the principals to use and optimize technology for monitoring and delivering care. We provide onsite medical clinic management to Tennessee Counties including Sumner, Rutherford and Wilson in addition to corporate clients. Employees and dependants from the three counties alone are booking 20,000 appointments annually. Employees (Patients) are surveyed twice a year. A Sumner County survey conducted after six months of operation showed: • 98 % of the patients rated our health care services as "Excellent ". • 77 % of employees would recommend a friend or relative to use our onsite clinic. • 76 % of employees consider CareHere their primary care provider. b. List at least three current contracts for the services described herein with a public sector client. Include the name and type of entity, the name and telephone number of the public officer in charge of the contract, and the years in which the services have been provided. If no contracts with public sector entities exist, please provide three other entities and include the same information requested above. Provide the name, title, work address, telephone number, and email address for the Proposer's point of contact for this RFP. 6 • Jim Carnicella: Human Resources /Risk Management Director, City of Ocoee, (407) 905 -3154, jarnicella @ci.ocoee.fl.us. CareHere effective date: April 2008. They have approximately 325 employees plus additional dependents that are eligible to use our on -site clinic services. • Richard Anderson: Chief Administrative Officer, City of Apopka, (407) 703 -1750, rnderson@apopka.net. CareHere effective date: December 2008. The City has approximately 390 employees plus additional dependents that are eligible to use our on -site services. • Tammy Williamson: Director, Human Resources, City of Port St. Lucie, (772) 871- 5210, TammyW @cityofpsl.com. They have approximately 1,150 employees plus additional dependents that are eligible to use our on -site clinic services c. Have any contracts been terminated for any reason? If so, please elaborate. We have terminated a contract for non - payment. The client failed to make payments in a timely manner in accordance with our agreement. d. Is your firm HIPAA compliant? Describe the system of controls your firm utilizes to • ensure the security of personal health data. Have your network systems over been breached? If so, please elaborate. CareHere is 100% HIPPA compliant. Patients' health records are stored on guarded servers off -site and are viewed via a secure connection through the internet. Our system has never been breached. e. Provide any other information that the Proposer believes would be helpful to the City in evaluating the Proposer's ability to provide the services requested in this RFP. Our Florida clients have experienced a significant reduction in claims costs and mitigation of trend since implementing our services. Our public sector clients have realized a positive ROI within the first 12 months of operating our comprehensive and robust model. 7 PROPOSAL SPECIFICATIONS A. Basic Services a. Basic Primary Care 9. Explain how and when the clinic will operate (i.e., days of the week, hours per day), and whether evening and weekend operation is proposed. Typically we will consult with our clients regarding hours of operation and days open during the week. Most of our clients have at least one day during the week that extended hours are offered and some also are open on Saturdays a half day. 2. How are appointments scheduled? Include method(s) for scheduling (i.e., online, walk -in) and standard time allotted for each appointment. We provide a secure online Appointment Schedule tool enabling employee /dependents /patients to schedule their own appointment through the internet wherever /whenever they have online access. This program is included in our fee and doesn't require technical support from our clients. After logging in, the patient selects a date from a calendar. Clinic locations and schedules active for the selected date are highlighted. The patient selects an open appointment slot, adds any comments such as symptoms, etc. and clicks to book the appointment. The entire process takes less than 20 seconds. The patient may edit, delete or change his /her appointment. The patient sees details on only his /her appointment. Other appointments scheduled merely show, "Time Not Available." About 75% of patients schedule their own appointments currently. Appointments can also be made through a phone call for those with no computer access or are uncomfortable with the online process. We provide an American -based 7x24 appointment line staffed by trained schedulers to ensure patients can set appointments as the need arises, even if it is outside of clinic hours. 3. Describe in detail the types of medical issues that you will be equipped to diagnose and treat on site. Generally, all comprehensive problems and conditions that a physician treats in a traditional family practice will be seen onsite. Such services are not just limited to acute care type conditions or minor illnesses, nor are there any additional fees to manage chronic condition such as diabetes, weight loss, etc. A sample list of conditions includes: • Chronic conditions (diabetes, high cholesterol, hypertension, asthma, • obesity, etc.) 8 • Sore throats /ears /headache Is• Strains /sprains /musculoskeletal problems • Non - specific abdominal pain • Non - specific chest pain • Cough, Sinus, Allergies /allergy injections • Rashes • Acute urinary complaints • Personal hygiene related problems • Acute injuries /Acute routine office procedures • Work - related injuries • Minor surgical procedures, such as sutures for laceration treatment • Flu shots • Ordinary and routine care of the nature of a visit to the doctor's office • Pre - employment physicals • Annual GYN exams / Pap smears • Pre - employment drug testing 4. Clinic staff: a. How do you propose to staff the clinic? Include the number of and types of practitioners, including any non - medical staff. • We recommend initially staffing with a Medical Doctor, Registered Nurse and a Medical Assistant to support 28 hours of operation for medical services. Additional time may be necessary to accommodate occupation health services depending on what types of services will be performed through the health center. b. Will your physician(s) have hospital privileges? If so, where? Yes, we can recruit physicians who have privileges at local hospitals. Our efforts will be to attract and retain the most qualified providers regardless as to whether they have admitting privileges or use hospitalist to provide the City with the broadest range of candidates available. c. Please provide the following information regarding the medical personnel you propose will staff the clinic. Resumes and job descriptions may be included. L Minimum qualifications Minimum qualification will reflect those of the existing PPO network. This includes board certification, credentialing, experience, and background check clearance. The City will have the option to meet all final provider candidates and offers. W ii. Job description and responsibilities for each individual /position Once we have finalized the needed services the City desires to provide in the onsite medical clinic, we will then establish job duties and responsibilities of the medical staff. 5. Describe the primary care case management process. Primary care case management is offered to all employees who have completed a Health Risk Assessment, by referrals from the clinic providers, and by self - referral. Once patients have completed their health risk assessment they will be assigned to a coach based on their results, so they are matched to the skills of a coach. The coach then will contact the patients and assess the patient's willingness to work with them on their personal health concerns. The coach will establish a plan of care based on the provider's recommendations and patients' own personal goals. The coach will choose from a set of evidenced based protocols or guidelines to help the patient meet specific action steps towards a final goal in a designated time frame. Specific educational materials based on the patients learning style and preferences will be provided to the patient and follow up on understanding and the need for further education will be conducted. In many cases, patients are encouraged to establish a baseline of condition by taking a standardized test to assess level of severity. In this way, the coach can measure progress and communicate to the provider areas of concern. In one case, a health coach identified that a patient was possibly suffering from depression. A standardized questionnaire was completed by the patient and sent to the provider before the follow up appointment. Based on these results the clinic provider thought it was necessary to begin the patient on anti- depressants and referred to the employer's EAP. Patients who are not interested or willing to work with a coach will be put in a database that defines their interest in health information. Based on the database patients will be made aware of health events or wellness initiatives available within their community or through the clinic. Whenever possible, patients are scheduled to meet with health coaches face to face. Once a patient has a coach assigned, the coach receives all updates in labs and will contact the patient and remind them they are available for any health concerns. Patients are then followed long -term 10 by one coach but may be referred to other coaches as health concerns arise. 6. All proposals should address what medical treatment, if any, will be available after normal working hours. We have a 7X24 hotline that can be used to register on our system, make appointments, or discuss medical issues with a registered nurse, as well as access the available care through their insurance provider. 7. Describe in detail what types of laboratory and x -ray services will be provided and how this will be accomplished. We have a contract with a national lab company that provides services for our clinic locations for CLIA Waived labs. We conduct the blood draws and they pick up daily. Results are received back within 24 — 48 hours and are imported into our electronic medical record system. Abnormal results are reviewed by a provider, who then can communicate directly with the patients and /or coordinate follow up through the local staff. Regarding x -ray services, once more information is obtained with respect to current imaging costs and the needs of the City, a digital x -ray machine can be purchased or leased. We could also attempt to contract with existing imaging companies to provide such services. We will work with the City to determine the best approach that balances patient needs with the financial feasibility of offering services in- house. b. Medication Dispensing 1. How will medications be dispensed? Please explain what types of medications will be routinely stocked and how they will be dispensed (excluding controlled substances that are identified in Schedules II, Ili, or IV in Sections 893.03, 893.035, or 893.0356, Florida Statutes). We do not limit dispensed medications to a predetermined formulary, samples, or those that are used just for treating chronic conditions. We have a pre - packed prescription medication program to be operated and administered by our staff in the clinic. If the medication may be purchased at a cost less than what the insurance plan is currently paying (after co -pays and PBM discounts), then we stock the medication. If the employer wouldn't realize a cost benefit through dispensing it at no cost to the patient, then our physician writes a prescription and the medication is obtained through a retail pharmacy. Since the cost of 0 medications is a pass- through of our volume wholesale price with no mark -up or 11 fees added, the savings can be significant. Other than the pass through costs of Is the prescriptions, the prescription service is included on our standard program fee. To analyze which medications should be stocked onsite, our Director of Pharmacy would conduct a thorough analysis for the medications prescribed and paid by the plan over the prior 12 months, typically analyzing the Top 500 medications by utilization and cost. Then, we compare the insurance plans net paid amount to our cost. Again, if we can provide the medication onsite at a savings, we do. We do not stock any controlled substances. From experience, most generics and a few brands may be provided economically onsite. Our most recent clinic stocks over 140 prepackaged medications. Sample classes include: Anti - infective • Anti hypertensive • Anti - hyperlipidemics • Antidepressants • Anti - diabetics • Antihistamine • Acid Reflux Medications • Antibiotics • Hypertensives & Cardiac Medications • Anti - Lipids • Pulmonary • GI Psychiatric A new program, initiated for our clients, promises to save significant additional dollars. We request a report from the client's pharmacy benefit manager for name brand, single script drugs in excess of $500 and generics in excess of $200. CareHere compares those prices with their distributor and in many cases can purchase the same drug for a much lower cost. Savings are realized for both the plan and the patient in these cases. We do not file claims for payment or reimbursement through the insurance carrier for any medication dispensed on -site, so there are no back end claims costs for our services. 2. Will patients be charged for medications dispensed at the clinic? If so, please explain medication pricing. We typically do not charge co -pays or charge patients for medications dispensed on -site. Please see above (b) for additional information regarding our prescription program. 12 3. Explain how the medications are managed, stored, and secured. (Please see attached Exhibit "8'; Group Summary for the City's Prescription Drug Program.) Please see our response to "b" listed above to learn more about our prescription program. C. Wellness, Nutrition, and Disease Management Programs 1. Explain how your company or firm intends to provide wellness, nutrition, and disease management programs. CareHere offers a variety of programs that may integrated with current wellness programs or we can build a program customized specifically for the City. Upon further discussion with the City, we can determine if it makes sense to adjust current programs to improver current participation or take a new approach altogether. Below is list of some programs that are offered. Programming Smoking Cessation - Telephonic 1 Only Weight Management -Rev it Up- 2 telephonic 3 Diabetes Type II Management Exercise for Stable Cardio Vascular 4 Disease Degenerative Disc Disease /Osteoarthritis of the Knee 5 Program Domestic Violence Screening and 6 Support 7 Reflux Disorder Program High Blood Pressure Support and 8 Management in Adults Brief Description Work with Health Coach to become smoke- free using American Lung Association online program. Rev It Up Weight Management Program through healthy eating and exercise. Health Coach (Dietitian) Ongoing Management Algorithm for Type II DM for those with abnormal Al C values Consult with Health Coach (Exercise Physiologist) National Heart Foundation of Australia algorithm for Physical activity in patients with stable Cardiovascular Disease Guidelines for Phone Screening Triage Algorithm Guidelines for Phone Screening of Domestic Violence- Includes Risk Factors/Warning Signs. Provide local resources and support and help with crisis management. Guidelines for preventive measures for initial management of reflux disorders. Guidelines for preventive measures in hypertension including medication compliance 13 9 Lipid Management in Adults 10 Low Back Pain in Adults Obesity Prevention and 11 Maintenance 12 Prevention Planning for Adults Prevention Planning for Children 13 and Adolescents 14 Prevention Planning for Pregnancy Depression Identification and 15 Support Chemical Addiction Identification of 16 High Risk Patients 17 Asthma in Children Screening 18 Asthma in Adults Screening Alcohol abuse brief screening and 19 intervention 20 Pain Management tool Vascular disease prevention from 0 21 heart foundation Guidelines for Lipid Management in Adults including an Appendix for A Risk Calculator, work with patient risk and make behavioral changes associated with decreased lipids and increased heart health. Guidelines for Adult Low Back Pain Management with patient education emphasis Guidelines for Adults and Mature Adolescents with morbid obesity AHRQ Guidelines: Life Course Chart Adults outlines prevention screenings, immunizations timetable of evidence based approved findings AHRQ Guidelines: Life Course Chart Children and Adolescents outlines prevention screenings, immunizations timetable of evidence based approved findings AHRQ Guidelines: Recommended Schedule of Preconception, Prenatal and Postpartum Care Depression Screening Tool and subsequent referral to local resources and provide help with crisis management as needed. Guidelines for questioning patients and strategies for cutting down. Local resources provided where needed. Screen for Asthma control and plan for increased control and reduced emergency /hospital visits established. Screen for Asthma control and plan for increased control and reduced emergency /hospital visits established. alcohol screening and brief intervention algorithm for those suffering from ongoing alcohol abuse. A series of tools to assess pain and bring to health care provider to judge either pain relief of medication or control of disease. Vascular disease risk factors: assessment, targets and monitoring interval for those at increased risk 14 22 Immunization Guidelines Cholesterol Education Protocol for 23 RD 24 Diabetes Education Program 25 Post Physical Therapy Program 26 Environmental Allergy Education 27 Bariatric Surgery Preperation Learning Modules Weight Management and 1 Pharmacotherapy Use 2 Fibromylgia 3 Osteoarthritis 4 Medication Usage 5 Heart Disease 6 Hypertension /Blood Pressure 7 Stress 8 Stress management 9 Blood work AHRQ Guidelines: immunizations for child and adults for those needing recommendations on preventive immunization. CareHere protocol for RD to provide telephonic education on reducing cholesterol. Registered Dietitian and Registered Nurse education protocol for dietary and health education related to Type II diabetes. Develop plan for continued physical therapy work at home or fitness facility based on recommendation of physical therapist. Consult with CareHere exercise physiologist Education on how to avoid allergens and prevent allergy symptoms. Suggested assessment of home and possible modifications for reduction of allergens in the home. . Educating patient on indications and problems associated with bariatric surgery and then working with dietitian, nurse, pharmacist, and exercise physiologist to prepare for surgery and maintain progress post -op. Brief Description Education on use of medications to help patient lose weight. Fibromyalgia Introductory Patient Education Osteoarthritis slideshow, general info, and exercise Medication compliance Five different modules ranging from introductory information to nutritional management. Four different modules ranging from introductory information to treatment and diagnosis. Exercise and stress, actual stress reduction exercises given. Strategies for managing stress. Reason for following blood work and 15 10 Exercise and Disease Management 11 Osteoporosis and Osteopenia 12 Addiction 13 Preventive Screening 14 No Health Risk Identified 15 Asthma Control 16 Menopause Support 17 Allergy Symptom Reduction 18 Diabetes Care Weight Management and Tips for 19 Controlling Weight knowing your numbers/ Five modules on controlling disease through exercise. Two modules on general information and life -style changes to prevent and control disease. Two modules on general information and life -style changes to prevent and control disease for self and family member. Three modules on recommended preventive health measures that provide better outcomes while reducing cost. Information to reinforce healthy behavior for those who currently have no risk. Addresses healthy eating, safe driving, smoking, alcohol use, exercise, Blood pressure, stress, seat belt use, and drug use. Asthma control and general information. Menopause, hormone replacement, and bioidentical hormone education for women peri /menopausal. Reducing allergy symptoms with nasal wash and avoidance methods. Five modules for diabetes information ranging from meal planning to sick day care. 20 modules on weight management and healthy eating at home and away. 2. What other services related to these programs can be provided (i.e. registered dietitian). CareHere exclusively uses Labinsight's HRA profile, which has been used by all participants in our clinic management program. Our Labinsight HRA, is based on clinical blood draws and personal behavioral responses. Patients are encouraged to make an appointment at the clinic to have their blood draw. The specimen is then picked -up by LabCorp and processed. The results are populated into the patient's EMR and a hard copy is mailed. CareHere also performs blood draws at health fairs or through outreach programs. Labinsight was developed by a team of medical professionals dedicated to making wellness easy for everyone. 16 Based on medical best practices, the specific content of the Labinsight guidelines reflect evidenced based laboratory literature, published laboratory manuals, and insight from practicing physicians in both academic and community settings. The medical analytics behind the Labinsight laboratory interpretations have been created independent of specific employee information and should be received as general interpretations only; specific interpretations should only come from a health care provider who is familiar with the individual's unique medical history. Team Leaders Include: a. Ryan Bosch, MD, a preventive medicine specialist has served as both the Chief of Flight Medicine at the Pentagon in Washington, D.C., and as the personal physician for the Secretary of Defense. Currently, the Clinical Director of the International Center for Executive Health at the George Washington University Medical Center in Washington, D.C., Dr. Bosch maintains an active practice and uses his ongoing clinical experience to continually refine the Labinsight product. b. The Labinsight HRA includes results from blood draw and behavioral questions including: Standard Tests: e 6 Cholesterol tests e 10 Chemistry tests e 6 Liver function tests e 4 Nutritional tests e Blood pressure, Height, Weight, BMI, Waist Circumference e 6 Behavioral tests (Smoking, Seatbelt, Exercise, Cancer Screenings: Prostate, Breast, Cervical. Optional Tests: e PSA (PSA recommended for males over 44 years e CBC (Complete Blood Count, 4 major tests) Our HRA is the foundation for our wellness efforts and allow our support team of Registered Dieticians, Health Coaches, Exercise Physiologist and other wellness team members to identify and classify patient based on their risk factors and unique medical needs. These services are included in our program fee. d. Urgent Care Services 1. Please explain in detail how you will provide urgent care services. Include examples of emergency medical conditions which will be treated on site. 0 Please see scope of medical service above under (A #3) 17 0 2. How will urgent care issues that cannot be treated at the clinic be handled? For emergency situation when care is needed beyond our scope of services, patient will be referred to their insurance network for medical care. e. Proposed Program Costs 1. Please include the following in your detailed pricing proposal: a) Start-up costs and fees, including build out requirements to implement your proposed operation plan for the clinic; Start-up costs, excluding those incurred by the City for facility rehabilitation of the space, are estimated at $25,000. Please see response to "C" below for more information regarding set -up costs. b) Total annual contract amount, with a detailed breakdown of the costs included; 1. The City of Palm Beach Gardens will receive two bills from CareHere each month for our on -site medical clinic services. One bill is simply the number of eligible employees (& retirees) allowed access to the clinic (given to CareHere by the City of Palm Beach Gardens) multiplied by our $23 per employee per month program savings engine fee. This equates to $130,548 annually based Is on the 473 covered employees indicated in the RFP. The program fee includes access for covered dependents and covers all proprietary services needed to maximize health insurance savings. This includes support staff for disease and case management, nurse line, 800 customer support, HRAs, physician /nurse "Reach Out" programs, quarterly population promotion, online scheduling system, online medical management and tracking system, clinic inventory management, medical staff recruiting and management, annual analysis, trends, reporting & survey results, and program scorecard. 2. The second bill is an itemized list of all the costs (disposables, labs, etc.) associated with running the on -site clinic and billed as a "pass through" cost. This means that ANYTHING other than our $23 PEPM program savings engine fee is billed to The City of Palm Beach Gardens at our direct cost and not marked -up at all. Because staff payroll is included in the second bill and because we have a "clock -in, clock -out' system in place, The City will only pay for actual working hours. CareHere has national contracts with a lab company, medical supply vendors, prescription wholesalers, etc., which allows us to purchase items at a significantly reduced rate. We dispense thousands of medications each month, conduct thousands of labs, and purchase a significant volume of medical supplies, so our economies of scale is unmatched by local or stand alone groups and since we pass these cost through with no mark ups or added fees, our costs are significantly less than what others charge or comparable costs through insurance claims. 18 3. This transparent billing system is a wonderful benefit to The City of Palm Beach Gardens. If CareHere is asked to look at an expansion of hours or services or hours in the clinics or any other recommendations, CareHere can analyze the return on investment and present the findings without any financial incentive or additional profit margin. This ensures that our goals are aligned with our clients. a. Since operational variable expenses are a pass through to the City with no mark -up, we provide estimated annual costs for these areas using predictive modeling and experience from our client base. This budget can be scaled up or down depending on financial needs, location, or acclimation time frame. Actual costs could vary depending on the utilization of on -site clinic services, but will be communicated with the City regularly for approval and to ensure budget compliance. Furthermore, there are no additional costs due to claims filed with the insurance carrier for medical services, labs, prescription, or other services performed on -site. b. Total estimated staff costs for 30 provider hours of medical clinic operation: $332,500 This assumes the Physician will be hired for a rate of $150 a hour, a RN will be hired for $45 a hour and a Medical Assistant for $30 a hour. These are not fixed, but are pass through costs. If the final negotiated rates with the 40 staff members are more or less, these costs will apply in lieu of the estimate. For example, if a properly credentialed and experienced physician can be hired for $125 a hour, then that will be the actual rate passed through to the City. The City will have the right to approve all final offers for providers. c. Total estimated Pharmacy costs: $94,948 This total has been calculated using our predictive modeling process and makes assumptions regarding how many prescriptions will be moved away from the health plan at a significant discount, therefore actual results could vary based on utilization. On average we will conservatively save $2 in prescription insurance claims for every dollar spent purchasing them directly and passing this cost to the City of Palm Beach Gardens with no mark -up, so this is not a fixed cost. The more prescriptions that can be moved away from the insurance plan, the more savings will be realized. d. Total estimated lab and supplies costs: $38,250 This total has been calculated using our predictive modeling process and makes assumptions regarding the quantity of labs that will be moved away from the health plan at a significant savings and supplies necessary to support the number of visits the clinic will process. Actual number of lab visits could vary based on utilization. This is not a fixed cost and will be passed through to the City with no mark -ups. 19 e. Total estimated annual on -site medical clinic operating budget: $621,246 This is based on 473 employees and their covered dependents for 30 provider hours of on -site medical clinic operation and initial set -up costs for 1 locations (estimated at $25,000 each). It includes supplies, basic medical equipment, over 140 medications, and other basic items needed. c) Indicate all payment terms and conditions (i.e., costs to the City, costs to patients); Please see response to question "b" above for information regarding payment terms and conditions. Outside of these operational costs, which are passed through back to the City, other costs would include facility related charges such as utilities, cleaning services, and other. d) Financial projections (Please see attached Exhibit "C ", Claims Experience, Utilization Reports, and Self- funding Analysis); and We estimate a net savings of $170,000 after the first year of operation, $500,000 the second, and $840,000 after the third; for a total of $1,510,000 after 3 years of operation. This assumes a 12% trend without CareHere. e) Provide evidence demonstrating reduced health costs for your existing and /or former clients. 20 Total Health Insurance Cost with S 5.000.000 54.500.000 54,000.000 $3,500.000 53.000.000 $2.500.000 52.000.000 S1.600.000 $1,000,000 5500,000 so Heath Center -1e0 og�l�' -le0 o6\o� -+?o,��00 Je'§o�\� Jel`O9\ ^o eo Q�ac Q�ac 2�ac Q�ac Difference $817,183 Total Budget /Cost Impact: Fiscal Year 2007/2008 Traditional Approach Health Insurance Renewal $3,462,400 Workers Compensation Renewal $739,081 Occupational Health Services 5$ 3,000 FY 2007/08 budget total $4,254,481 Non - traditional approach Health Insurance + Related Costs $2,813,892* On -site Health Center $200,641 On -site Health Center Build -Out $90,000 Workers Compensation Costs $332,765 Non traditional approach total $3,437,298 Difference $817,183 *Includes $400,000 in unspent reserves, which are maintained in -house a. Occupational Health Services 10 b. Workers' Compensation Services c. Pre - Employment Drug Testing d. Random and Post - Accident Drug Testing CareHere does not charge an additional fee for physicals. Most of our clients use the clinic for first report of injury for workers compensation and some occupational services. The costs for these services are included in our program services fee. If the City is interested in full work comp case management, we can provide such services, but we would need to have more information to determine projected costs and if such a strategy would integrate well with the existing work comp program or if changes would be recommended. For some of these services, there may be addition pass through costs such as labs for drug testing, medical staff time, and others that may specifically apply to certain services. C. Equipment, Furnishings, and Supplies Please provide a list of all equipment, furnishings, and supplies you will use to set up and operate the healthcare clinic. NOTE: The City will be responsible for the interior build -out of the facility and for limited furnishings (i.e., lobby furnishings, such as chairs, tables). Initial start-up costs are estimated to be about $25,000 per location. This is not a fixed fee and is an estimate that includes basic medical equipment and the initial stocking of Rx and medical supplies. This will allow the City to benefit from our national vendor relationship and economies of scale due to our purchasing volume. If the City of Palm Beach Gardens has the need for optional equipment (i.e. x -ray machine), we will work closely with the City to determine the most economical solution that meets the requirements. Exam table /stool Disinfectant Small refrigerator Waste cans Lockable cabinet Waste can liners Gooseneck light Gloves Diag Set 3.5V Halogen /disposable covers Suture supplies Sundry jars Glucose test supplies Pillow /pillow covers (cloth and disposable) Urinalysis supplies Table paper Strep testing supplies Thermometer/disposable covers Mono testing supplies 4 X 4's Disposable gowns Tongue depressors Disposable drapes Cotton balls Thermometer (freezer) Alcohol 3" Elastic bandage 22 Alcohol dispenser Cold pack Blood pressure cuffs Emesis basins Stethoscope Medications /Injectables (by h sician order Surgical tape Lab supplies (Tubes, requisitions, tourniquets) Biohazard bags and Removal Service Wall Posters, Charts Biohazard stickers Small desk and chair (if not provided by Employer) "Allergic To" stickers Needles Sharps containers Syringes Computer, Fast Internet Connection, 'A in 1" Printer /Fax /Copier /Scanner Trash removal, Clean -up, and General Maintenance D. Service Evaluation and Measurement Tools a. Provide examples and descriptions of your standard management reports. Please indicate the frequency with which the City will receive each report. Reports currently available online: Clinic Utilization Patient No -Shows Health Status Reports (HRA and lab aggregate reports) 23 CareA`�/ SAMPLE COMPANY - July 25, 2007 Executive Summary • Early detection/prevention in key health categories results in $705.000 in potential saving! • 81 new HRAs since last report in February (30% increase). Need to promote greater participation from employee spouses. • Utilization is at 810/. for the past 6 weeks. This is within expected levels for the summer s Two additional clinic hours were added in June to increase total available hours to 22 hour: week. We request permission to directly contact several chronic "no show" patents. • Annual Satisfaction Survey and Promotional Newsletter to be sent to employee homes ne month. Health/ Condition Activity ADA: American Diabetes Assoc., Medline: National Institute of Health, JCO: Journal of Clinical Oncology 24 Diagnosis made after Health Risk Assessment Counts Average Annual Cost Projected Savings Source Glucose > 105 Diabetes 42 $11,000 $462,000 ADA stolic > 140 HVpertension 30 3,900 $117,000 Medline`NIH PSA > 4.0 Marker for Prostate Cancer 3 $42.000 $126.000 JCO Potential Sav/ s: $705,000 ADA: American Diabetes Assoc., Medline: National Institute of Health, JCO: Journal of Clinical Oncology 24 Health Risk Assessments HRAs by Gender: 0-9 10-19 20-29 30 -39 40 -49 50-59 60-69 70-79 80-89 Total DepChild 1 8 4 59 1 1 13 DepSpouse 94 9 28 26 19 7 89 Employee 1 17 94 81 42 13 I 248 Retired 1 0 Grand Total 1 9 30 122 107 61 20 0 0 350 HRAs by Gender: HM s by Gender 250 -- 200 150 I tao 50 0 Fe rrnle I, hb Female Male Total DepChild 6 8 14 DepSpouse 59 29 88 Employee 94 154 248 Retired 0 Grand Total 159 191 350 HM s by Gender 250 -- 200 150 I tao 50 0 Fe rrnle I, hb Clinic Activity Utilization for June 2007— Julv 21 Utilization Since Inception (6127/06 — 7121/07) SAMPLE COMPANY Group Appointments Employees Dependents Other Ext Pat No SAMPLE COMPANY Group Appointments Employees Dependents Other Svcs Shows Clinic Provide Capacity Unit # % # % # % # % # % # % Ancillary Visits - Murphy. 286 Actives 286 100.0% 190 66.4% 59 Visits - Murphy, 11 Actives 11 100.0% 8 72.70/. 2 18.20/. 0 0.(r/. 0 .0% 1 .1% SAMPLE LPN Melling, COMPANY MD Lawless, Klein, SAMPLE PA 558 Actives 450 80.6% 269 48.2% 128 22.9% 0 .0% 19 3.4% 34 6.1% COMPANY Klein, Hicks DO Totals 588 461 81.0% 277 48.79E 130122.89% .0% 119 3.3% 35 8. Utilization Since Inception (6127/06 — 7121/07) SAMPLE COMPANY Group Appointments Employees Dependents Other Ext Pat Svcs No Shows Clinic Provider Capacity Unft # % # % # % # % # % # % Ancillary Staff Visits - Murphy. 286 Actives 286 100.0% 190 66.4% 59 20.6% 0% 25 .7% 12 4.2 % SAMPLE COMPANY LPN Melling, MD Klein, SAMPLE DO 3327 ct'rves 2890 86.90/. 1783 ' 53.6% 878 26.4 /o .0 /0 0 1.8% 169 5.1% COMPANY Hicks NP Lawless, PA Smoke Klein. 86 coves 61 70.90/. 54 62.8% 5 5.8% 0 0.0%. 0 .0% 2.2.V. 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I]593 1 11,Sot 1 1'AF ! 1]693 f _ 11540 { 13693 t 1163 1 11593 t 1M t 16Z P•5 Tpd Cora C—: 27.166 72350 1 2457) 29026 240 S6A 26095 20.2JP 3] 60 ]6131 30031 30 M4 24A0 9A65W b. Explain how you evaluate clinic services and track results. Please indicate the frequency for same and how this information will be communicated to the City's point of contact for the project. CareHere offers a Report package from the perspective of Plan Sponsor. Specifically, report classes include: o Financial Reports (i.e. Actual v. budget cost analysis and more.) o Clinic Utilization (i.e. Appointment capacity, fill rates by employees, dependents, retirees and more.) o Population Health Status (Key lab and health categories showing counts, percentages and statistics on trends, areas of concern, changes in health status from one period to another. 0 27 o Employee /Patient Satisfaction Reports (i.e. Surveys showing clinic awareness to employee recommendation of clinic service to "friend or family member") E. Timeline Provide a detailed timeline covering the period from Contract Award /Notice to Proceed through the first day of operation. Once a contract is signed, CareHere will begin the recruiting process, which can conservatively take 90 -120 days before medical staff will be available to begin working in the on -site clinic. This includes the expected four week notice they typically provide to their existing employer. Assuming a contract is executed, the recruiting process can begin while the facility is being renovated /constructed. We generally need the facility to be completed and accessible for set -up two or three weeks prior to the expected opening date. This allows enough time for the equipment, supplies, and other medical items to be drop shipped and organized for patient visits, as well as employee training to be conducted. During this time, we would also typically conduct employee orientation meetings. These meeting serve to educate the employees, address questions, as well as promote the HRA event. The HRA event typically occurs as a "soft opening" and allows the medical staff to draw blood (which requires patient fasting) for the comprehensive blood screening. We would also need to coordinate with the City any "grand opening" ceremonies that most of our clients typically hold prior to or shortly after we begin seeing patients. Action Item Deadline (days before live date) Provider Set Up: Identify provider candidates 90 Send out interest letters 90 Complete due diligence 60 Physician registration 60 Primary care provider training 60 CLIA Waiver /State Lab Regs 60 Verify state lab requirement 60 EMR training 60 Time tracker training 60 Clinic schedule 60 Pharmacy Items: Insurance claims data request 90 State dispensing law review 90 28 Order prescription pads 45 Accounting Items: Client billing contact 60 Billing address 60 Services offered 90 Contract sheet 14 Obtain tax exempt certificate 30 Clinic physical address 30 Systems /IT items: Case /DM implementation 90 Clinic /Employer entry 60 Employer group 60 Access code 60 Appointment scheduler 60 Employer holidays observed 60 Computers & equip. ordered 60 Signage supplied for clinic 30 Clinic phone number 30 Placeholder registered 30 Clinic email established 30 Clinic a -fax account established 30 Clinic voicemail set up 30 . Clinic profile completed 30 Emergency exit plan established 30 Fire extinguisher designation 30 Vendor Relation Items: Rx set up 60 Rx initial meds order 30 Office set up 60 Office initial order 30 Med equipment account set up 60 Med equipment initial order 30 Lab account established 60 Initial lab order 30 Provider registration 30 Test blood draw 14 Biohazard account set up 30 Biohazard pick up schedule 30 Patient education center ordered 45 Employee Presentations: Powerpoint prepared 30 Presentation schedule 45 29 EE handouts updated w /access code 30 Presenters determined 30 Newsletter /announcement 14 Presentations conducted 7 Nurse Call Line Items: Set up profile 30 Set up support desk 30 Ancillary Staff Set Up: New hire paperwork 45 EMIR registration 45 Permissions upgraded 45 EMIR training 14 Time tracker training 14 kill PROPOSER'S CHECKLIST In order for Proposals to be considered, Proposer must submit one (1) original COMPLETE packet signed in ink, five (5) complete copies, and one compact disc (CD) with proposal in PDF format. Proposals MUST be sealed and on the envelope(s) or box(es) containing the Submittal shall be written in large letters: RFP No. 2010 -002 On -Site Employee Healthcare Clinic. PROPOSERS FAILING TO SUBMIT THE REQUIRED ITEMS MAYBE CONSIDERED NON - RESPONSIVE. Proposal Response Items: Please prepare Proposals in the following order, tabbed, and clearly labeled: 0 Cover letter stating, at a minimum, the Proposer's responses to the items listed under Minimum Qualifications z Proposal specifications V1 Inspection of Facilities Acknowledgement z Proposal Submission Statement ® Notification of Public Entity Crimes Law 0 V Drug -Free Workplace Form K] Any additional information, literature, etc., if applicable 19 NOTIFICATION OF PUBLIC ENTITY CRIMES LAW IsPursuant to Section 287.133, Florida Statutes (2009), you are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity; may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit Proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for CATEGORY Two [$25,000.00] for a period of 36 months from the date of being placed on the convicted vendor list. Acknowledged by: CareHere Firm Name Signatu Ray Tomlinson, VP of Florida • Name and Title (Print or Type) 05/03/2010 Date 11 INSPECTION OF FACILITIES ACKNOWLEDGMENT This is to certify hat John Watson fy ,who is a qualified representative from CareHere , has visually inspected the City facilities as set forth in the RFP. At this time, the City's representative, Chief Bergel and Mary Anderson - Picket was available to answer any questions and completely informed Proposer as to the nature and extent of the work required relative to this Request for Proposals. Failure to submit the above - requested information with Proposal shall be cause for rejection of the Proposal. CareHere Name of Proposer (print) Sig ture Chief Bergel City's Representative 16 4/20/2010 Date 4/20/2010 Date PROPOSAL SUBMISSION STATEMENT Ray Tomlinson the duly authorized representative of CareHere hereby declares that I have carefully, and to my satisfaction, examined the attached General Terms and Conditions, Technical Specifications and have submitted this Proposal to the City of Palm Beach Gardens for the Contract for On -Site Employee Healthcare Clinic services on behalf of the above - referenced company. Further, I declare that I have made a full examination of the location of the proposed work and hereby agree to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work. We agree to honor this Proposal if awarded the Contract and further agree that if we are selected as a secondary Proposer we will assume the contract at the prices set forth herein for the remainder of the term of the Contract previously awarded. The undersigned hereby declares that, subject to provisions of the State Statutes and Local Ordinances, there is no officer, director, or agent who owns, directly or indirectly, an interest of ten (10 %) or more in Proposer's firm or any of its branches, who is also an employee of the City. The undersigned agrees to execute a Contract with the City of Palm Beach Gardens within thirty (30) days after the date on which notice of award has been given in accordance with substantially the same terms stated in the Model Agreement. The undersigned hereby designates 215 Jamestown Park Drive, Suite 204, Brentwood, TN 37027 as his /her office address to which notices may be delivered or mailed. Agreed to this 3 day of May 2010. Signature 1552 Boren Drive, Suite 100 Business Address 407 - 654 -5414 Phone Number 17 Ray Tomlinson Typed Name Ocoee, FL, 34761 City, State, and Zip Code 407 - 654 -9614 Fax Number CareHere DRUG -FREE WORKPLACE is a drug -free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Ray Tomlinson 4 Authorized Signature Company FEI Number: 54- 2138297 Address: 1552 Boren Drive, Suite 100 Ocoee, Florida 34761 18 5/03/2010 Date • City of Palm Beach Gardens ADDENDUM #1 TO REQUEST FOR PROPOSALS NO. 2010-002 On -site Employee Healthcare Clinic The following information adds to, deletes, modifies, or otherwise alters portions of the provisions and requirements of the Contract Documents. Any and all portions of the Contract Documents not altered or affected by the Addendum shall remain in full force and effect and shall be binding upon the proposers as if contained herein. This Addendum shall become a part of the Contract Documents. Proposers are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Proposer's sole responsibility to include all items necessary for the proper execution, coordination, and completion of all work directly or indirectly affected by this Addendum. The following answers are official responses to questions recently submitted to the City of Palm Beach Gardens: 1. Average salary of employees: $63,783 2. Average age of members: 42.6 years 3. Gender %: 73% male 27% female 4. Can the City define the services they are looking for under "basic" primary care services? Routine office visits, general illness, medication dispensing, wellness, nutrition, disease management programs, basic laboratory screenings, and annual physicals. •S. Have you provided health and wellness initiatives and if so, what has the participation rate been for employees /dependents? No 6. For the defined population, can you break out the number of office visits by primary care and specialty care? This information is not readily available. Please refer to the RFP document Exhibit "C" Claims Experience, Utilization Reports, and Self Funding Analysis, 7. Can you break down total primary care visits, specialty visits and emergency room visits by employee and dependents? Refer to #6 above 8. What are the top 3 reasons the City of Palm Beach Gardens is seeking to implement an on -site health clinic? (1) Potential for reduced costs of medical claims, out of pocket expenses and workers' compensation, leading to improved employee health and productivity; (2) free access (i.e., no co- pays); (3) less time away from work for doctor's visits. 9. What was your annual employee turnover rate for 2009? 8% 10. Do your employees and /or dependents currently complete a Health Risk Assessment (HRA) or participate in biometric screening? What are your HRA completion rates and biometric screening participation rates? • No • 11. What services is the City seeking the vendor to provide to children? For example, is the City seeking childhood immunizations, or more basic primary and acute care? Primary and acute care 12. For occupational health services: A. How many injuries and illnesses did you have in each of the past two years? 200712008 (57) 200812009 (54) claims resulted in medical treatment B. Do you wish to include occupation physical examinations, if so: Yes Visit Type Number & Costs Annual number of drug screens Annual number of Breath Alcohol tests Annual number of audiometric screens Annual number of vision screens Annual number of DOT physicals Annual number of pre - employment ( i.e., Firefighter, Law Enforcement, Hazardous Substance Monitoring) Annual number of medical surveillance Full time estimate 5- 10 -$40 each Part time estimate 50440 each Volunteer Firefighters estimate60440 each Annual random drug screens: Fire: 60 urine $35 ea. 12 breath alcohol -$40 ea. Annual CDL Random drug screens: 11 -12 urine $35 ea. 6 breath alcohol -$25 ea. Occupational health related drug tests not readily available See above See below See below None Estimate 5 -10 new hires for all departments, Plus 10 -15 for City's Youth Enrichment Child Care Center (per Dept of Children & Family Services requirements) exams Annual Physicals: Fire: potentially 118 including audiometric and vision tests as part of exam required by Fire Department Law Enforcement: potentially 123 could receive exam including X -rays and EKG. This is not required by Police Department. Approximately 5 have received annual physicals. For both fire and police, employees have been reimbursed their medical insurance co pay upon City's receipt of paid invoice for exam performed by primary care physician. 0 C. Who is you workers' compensation Carrier? PGCS PGIT 13. Can the City provide the RFP response forms in a word format? No. All forms are in pdf format. Those forms that require input of information are fil/ab/e forms. 14. Are copies of certifications, registrations, licenses and permits required to be submitted with proposal on May 3 or do we provide when /if awarded contract? Please refer to page 7 item #13 of the RFP document 15. Brief description /list of basic laboratory services needed The requested detail information is not readily available. Please provide recommendation(s) based on your experience and information described in the RFP and referenced Exhibits. 16. More detail on actual procedures performed within top diagnoses, i.e. Circulatory/Cardiovascular _ # catherizations, stents, pacemakers, etc; Musculoskeletal /Orthopedics - # joint replacement (hip knee, shoulders), spinal fusions, arthroplasties, etc. See response to question #15 above 17. Can you provide a better floor plan with wet walls identified? isThis information has been included. 18. Who is responsible for computers, IT connections and access to server? Internal wiring will be provided by the City as part of the build out agreement. However, all hardware, software, internet connection and internal network are the responsibility of the vendor. Signature of Bidder below acknowledges receipt of this Addendum No. 1. This document is to be attached to the front of your bid ubmission package. -2 • S g Date CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 4, 2010 Resolution 83, 2010 Subject/Agenda Item: Change Order No. 1 to James B. Pirtle Construction Company, Inc. d /b /a Pirtle Construction Company for the design /build of the Municipal Complex Emergency Operations and Communications Center [ X] Recommendation to APPROVE [ ] Recommendation to DENY Revie/by. Originating Dept.: Costs: $248,500.00 Council Action: (Total) Tod gle, . [ ] Approved C y A Ci E in r $248,500.00 [ ] Approved w/ G Current FY conditions [ ] Denied Advertised: Funding Source: Finance Administrator [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ X ] Other Resolution 83, 2010 • Change Order No. 1 [ x ] Not Required Su ted by: Department Affected parties Budget Acct. #: Administrator [X] Notified 302.1000.521.6900 Appro by: i" Project No. pol0112 Z [ ] Not required City Manager Meeting Date: November 4, 2010 Resolution 83, 2010 BACKGROUND: Construction of the City's new Emergency Operations and Communications Center (EOCC) is now underway. City Council approved a contract award to James B. Pirtle Construction Company, Inc. d /b /a Pirtle Construction Company in December 2009 to design and build the facility. To provide increased reliability and growth, changes were made to the scope of work during the design phase of the project. Some of the major changes include enlarging the data room to provide additional HVAC space and adding a redundant uninterruptible power supply system. In addition, Pirtle will provide audio and visual equipment as outlined in the design criteria package. The City received a change order request from Pirtle Construction Company in the amount of $248,500.00 for these changes, as well as other less significant items. Funding of this change order is provided by the project budget's contingency allocation. In addition, the City anticipates reimbursement for a portion of this expense from Palm Beach County as part of the dispatch consolidation efforts underway. STAFF RECOMMENDATION: Staff recommends approval of Resolution 83, 2010 as presented. RESOLUTION 83, 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING CHANGE ORDER NO. 1 TO JAMES B. PIRTLE CONSTRUCTION COMPANY D /B /A PIRTLE CONSTRUCTION COMPANY FOR THE DESIGN /BUILD OF THE MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on December 17, 2009, the City Council approved Resolution 114, 2009, which authorized the execution of an agreement with James B. Pirtle Construction Company, Inc. d /b /a Pirtle Construction Company for the Design -Build of the Municipal Complex Emergency Operations and Communications Center; and WHEREAS, to provide increased reliability and growth, changes were made to the scope of work during the design phase of the project; and WHEREAS, City staff has negotiated a Change Order with James B. Pirtle Construction Company, attached hereto as Exhibit "A ", to perform additional services in connection with the above - mentioned project for a total amount of $248,500.00; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves Change Order No. 1 with James B. Pirtle Construction Company, Inc. d /b /a Pirtle Construction Company in the amount of $248,500.00, and authorizes the Mayor to execute said Change Order. SECTION 3. This Resolution shall become effective immediately upon adoption. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of 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 Resolution 83, 2010 2010. CITY OF PALM BEACH GARDENS, FLORIDA M. David Levy, Mayor AYE NAY ABSENT G:\ attorney_ share \RESOLUTIONS\2010 \Resolution 83 2010 - Pirtle - eocc - change order 1.doc Page 2 of 2 EXHIBIT "A" m Document G701'" -- 2001 Change Order PROJECT: (Name and address) CHANGE ORDER NUMBER: 001 Municipal Complex Emergency DATE: March 19, 2010 Operations and Communication Center DESIGN- BUILDER'S PROJECT NO 10500 North Military Trail CONTRACT DATE: Palm Beach Gardens, FL 33401 CONTRACT FOR: General Construction TO DESIGN- BUILDER (Name and address) James B. Pirtle Construction Company, Inc. a /b /a Pirtle Construction Company 2101 Vista Parkway, Suite 105 West Palm Beach, Florida 33411 OWNER DESIGN - BUILDER CONTRACTOR: FIELD: ❑ OTHER ❑ The Contract is changed as follows: To provide for increased reliability and growth, enlarge data room to provide HVAC space and provide 100% redundant UPS. In addition provide the equipment, material and labor to support the audiovisual alternative as outlined in the design criteria. The original Contract Sum was ................... ............................... _ ............................... $ 3,150,000.00 Net change by previously authorized Change Orders.......... .......................................................... ............................... $ (50,000.00) The Contract Sum prior to this Change Order was .................._..._........_......_................................. ..............................$ 3,100,000.00 The Contract Sum will be increased by this Change Order in the amount of ...................................... ............................... $ 248,500.00 The new Contract Sum including this Change Order will be.. _ ._ _.._ .............. ..._............................... ........ ........ $ 3,348,500.00 The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE. This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE DESIGN - BUILDER AND OWNER. James B Pirtle Construction Company, Inc a /b /a Pirtle Construction Company DESIGN - BUILDER 2101 Vista Parkway Suite 105 West Palm Beach, Florida 33411 ADDRESS BY (Signature) Gary Pirtle (Typed name) 10/14/10 City of Palm Beach Gardens OWNER (Firm name) 10500 North Military Trail Palm Beach Gardens, Florida 33401 ADDRESS BY (Signature) David Levy (Typed name) DATE DATE AIA Document G701'9 - 2001. Gopyr,ghl .Q t9i9. 1987. 2000 and 2001 by The American Institute ol Architects. All rights reserved. WAR14IN6 l hu A'. Doc um writ is protected by U.S Copyright Law and in t arnalmnaI I real lea. Unauthonzad reproduction or distnoulion of this AIA Uccumen I. O r a ny .� p-lion of it, may result to severe clv it and crinlmal pen al lies. and wilt be prosecuted to the ma xlmum extent post lbia under thu law. This dOCUMent was produced by AIA software all 07 53:25 on 03/2 2120 1 0 under Order No.8393842569_1 which expires on 03/2612011. and is not for resale. 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O O m m Q 3 m m w o y-a C v c c c w 0 u w m E c c N m ( c� .2 O L c C m 0 -O O c m L m v v v ° C O E m L o c a) a' o NU (n U¢¢ OZwUD: p a 0¢O_¢¢¢ m O) m m m v N m C cu m U U O O Y Y J E 3 0 Y Y Y Y Y n(n QUOm v v - U d C lu L p v m v m v m C N u 3 o cL m o .2 v E � p u� ) (n m o o E L O « c m C m (D « N (n m m C m L N E a) y O N O O N m C E u C U C o O U_ m - C v m N m m ((pp U 41 - N J -o E v m m C U m C c m cU c o U o'E M E F m v c m p E m m J o U d C C m u o a (D 0 'O v C . E m E v m c U U �) m E o E o wU wH ¢ �j U- 8 m o a C u o a € m m ¢ a`) c c Opa U d c wd wd E c m a) J N m O m 0 'o in (D D ¢ a w E d tC m a) 0) p m m m N (n 3 £ C S mp O U a) N m m .� F\ O O CO LL (O(pp d �1 r) m m U c v C C 'c a) m o o° a) Y a L E v 0 f- C` E '/U) m m.E.E.E C C C w m'c L C v E m.a a a- d- ww a` aoo w ww ALL ouF •- N N N N N N N N N N N m w O'q O O O O (n(noNnOOO (O (D w m 7 0 0 0 O m O m w m N 0 ( o (o m v c) u rom mmn(� w A M r R (n m N f9 di 69 Vi fA 69 (A fA 69 (n (» 64 69 69 o000OD o O O (D O N O (D (O 'Q (D (O (O M W n (D V (, O N O o (n(nww(nFa a) m �v � m v > 0 O - F- O�--O_F¢H m rn L U N U S N O N v a 0 0 N O m R 0 V a SON U010 1235 Park Lane South Jupiter, FL 33458 Voice 561.741.8720 Fax 561.741.8723 James B. Pirtle Construction Co., Inc. Dennis Beran 4740 Davie Road Davie, FL 33314 Tel: 954 - 797 -0410 Fax: 954 - 797 -6330 * * Proposal * * Project Number 5961 James B. Pirtle Construction Co., Inc. PBGEOCDIGITAL James B. Pirtle Construction Co., Inc. Dennis Beran 4740 Davie Road Davie, FL 33314 911012010 Mfr -Part No. Qty Description Unit Price Extended EOC SYSTEM MEDI -MT -400 3 Basic Lectern 2361.80 7085.40 CRE- DM- RMC100 -1 3 Receiver interface for DM matrix switcher 630.00 1890.00 CRE -DMC -CAT 7 Input card for DM matrix Switcher 8x8 or 16x16 770.00 5390.00 CRE- DM- MD16X16 1 Digital media switcher requires in out cards 6020.00 6020.00 CRE- DM -TX- 200 -2G 7 Dual VGA HDMI wallplate w/ switcher DM 840.00 5880.00 CRE -DM- CBL- P -SP500 3 DM Cable 500 ft plenum 1120.00 3360.00 CRE- DMCO2222 2 8 channel output cards DM 2240.00 4480.00 3 MAP custom Rack Shelves 112.00 336.00 GRA -M -58762 2 MOHAWK CAT 5 OUTDOOR 315.00 630.00 3 HDMI cables 6' 56.00 168.00 3 Podium Input panels 77.00 231.00 ATI- U857QL 3 Podium gooseneck Microphone 19" long 232.40 697.20 BIA -AUDIA FLEX CM 1 Flex chassis with cobra net module 3633.00 3633.00 BIA -IP2 6 2 Channel input card for Audia Flex 180.60 1083.60 BIA -OP2E 3 2 channel output card. 110.60 331.80 CRO- CTS4200A 1 4 Channel Power amplifier 240 watts per channel 1234.27 1234.27 JBL- CONTROL 26CT 18 CONTROL 26 WITH TRANSFORMER 152.38 2742.84 DRA -LVC- III &LVC -S 3 Single station LV control 200.20 600.60 CRE -AV2 1 Control System Processor 1890.00 1890.00 CRE- C2ENET -2 1 Dual Port WAN /LAN Ethernet for Z -Bus Expansion Slot 910.00 910.00 CRE -MP -1320 3 Controller keypad w /rs232 350.00 1050.00 CRE - TPMC -9 1 Touch Panel 9" 2660.00 2660.00 1 CRESTNET -P CABLE 100' 133.14 133.14 DISPATCH SYSTEM CRE- DM -MD8X8 1 Digital Media matrix switcher 8x8 3010.00 3010.00 CRE- DM -TX- 200 -2G 4 Dual VGA HDMI wallplate w/ switcher DM 840.00 3360.00 CRE -DM- CBL- P -SP500 2 DM Cable 500 ft plenum 1120.00 2240.00 CRE - DMCO -22 2 Four output Digital Media Card 1120.00 2240.00 CRE -DMC -CAT 4 Input card for DM matrix Switcher 8x8 or 16x16 770.00 3080.00 CRE- DM- RMC100 -1 4 Receiver interface for DM matrix switcher 630.00 2520.00 CRE -AV2 1 Control System Processor 1890.00 1890.00 CRE- C2ENET -2 1 Dual Port WAN /LAN Ethernet for Z -Bus Expansion Slot 910.00 910.00 CRE - TPMC -9 1 Touch Panel 9" 2660.00 2660.00 8 Extron Varioul Assorted AV system cables 96.60 772.80 Labor for install 16200.00 9/1012010 Peerson Audio, Inc. Project: 5961 Page 1 of 2 Mfr -Part No. Qty Description Unit Price Extended This' • Proposal • • is Valid for 60 Days. Signature: Date: Project Total: $91,319.65 9/10/2010 Peerson Audio, Inc. Project: 5961 Page 2 of 2 PALM BEACH GARDENS E.O.C. AUDIO VIDEO SYSTEM The Audio/Video system for the E.O.C. will consist of audio and video distribution that can be configured as a large single room system or as two or three individual room systems. The digital matrix switcher enables any HDMI, DisplayPort, or VGA computer input to go to any display in the system. A Touch Screen controller will be utilized to set up the configuration (located in the main equipment rack). Three podiums will be provided which include a Microphone, Media Presentation Button Panel, and Multi -Media Input Panel to accommodate HDMI and VGA. A DisplayPort to HDMI adapter will be included. The Presentation Button Panel will provide source input switching, video projector on -off, video projection screen up -down and overall volume control. (Standard podium color to be determined by owner) The Sound System will consist of eighteen 6.5 inch full range flush mounted ceiling speakers, multi -zone power amplifier and a digital mixer /processor. The audio system and video system have room combine /separate capability. The Crestron 16x16 Digital Media System (HDMI over DM cable) will be initially configured for seven inputs, four for the podiums and three for other sources such as CATV, DVD/B1uRay, etc. The sixteen outputs will go to the three video projector locations and thirteen LCD -TV locations. Please note in regards to LCD -TV's, the HDMI interfaces at the display locations that are required for proper operation are not provided in this proposal. The HDMI interfaces are provided for the Video Projectors (Qty. 3). The Video Projectors and LCD -TV's are "Owner Furnished ". DISPATCH AUDIO VIDEO SYSTEM The Crestron 8x8 Digital Media System for the Dispatch Facility utilizes the same technology as the E.O.C., and is configured for four HDMI/VGA inputs and eight outputs. Four DM cable to HDMI receivers will be provided for LCD -TV's. A control system with Touch Panel will be provided for switching "any input to any output ". The LCD -TV's are "Owner Furnished ". NOTE: This project includes two 3 -hour training sessions, as built drawings, O &M manuals, and one -year contractor warranty. Manufacturers warranty may be longer. 47 , Gro I. CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 4, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS. DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Staff Report on Page 3, Resolution on Page 6) RESOLUTION 59, 2010 - Q 5 CAMPUS DRIVE RIGHT OF WAY ACCEPTANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ACCEPTING A RIGHT -OF -WAY DEED FOR A PORTION OF CAMPUS DRIVE, PREVIOUSLY TRANSFERRED TO THE CITY OF PALM BEACH GARDENS BY PALM BEACH COUNTY VIA THE DEED RECORDED IN O. R. BOOK 23733, PAGE 1426; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 12, Resolution on Page 35) RESOLUTION 69, 2010 - APPROVING A PLATTING EXCEPTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN EXCEPTION TO THE REQUIREMENTS OF PLATTING FOR LOT 31 OF POD °D", LOCATED WITHIN THE FRENCHMAN'S RESERVE PLANNED COMMUNITY DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. (Page 50) PROCLAMATION — NATIONAL AMERICAN INDIAN HERITAGE MONTH IX. PUBLIC HEARINGS: (* Designates Quasi - Judicial Hearing) a. * gaff Report on gage RESOLUTION 77,2010- p AIPP REQUIREMENT FOR THE POINTE PUD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ARTWORK, IN SATISFACTION OF THE ART IN PUBLIC PLACES REQUIREMENT, FOR THE POINTE PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT THE INTERSECTION OF 1 -95 AND MILITARY TRAIL AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 84. Resolution on Page R' RESOLUTION 58, 2010 — ON SITE HEALTH CLINIC. A RESOLUTION OF THE CITY COUNCIL OF THE C3_S CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT tA,p WITH CAREHERE, LLC TO PROVIDE AN ON -SITE EMPLOYEE HEALTHCARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 167 Resolution on Pane 169) RESOLUTION 83, 2010 - CHANGE ORDER NO. 1 TO PIRTLE CONSTRUCTION. A RESOLUTION OF QaJS THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA .3- 0 APPROVING CHANGE ORDER NO. 1 TO JAMES B. PIRTLE CONSTRUCTION COMPANY D /B /A PIRTLE CONSTRUCTION COMPANY FOR THE DESIGN /BUILD OF THE MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION: XH. 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 wish respect to aRy owmer 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: 800-955-8 771 (TDD) or 800 - 955 -8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. T 7' ov CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 4, 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: 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. '/ONSENT AGENDA: a. (Staff Report on Page 3, Resolution on Pane 6) RESOLUTION 59, 2010 - CAMPUS DRIVE RIGHT OF WAY ACCEPTANCE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ACCEPTING A RIGHT -OF -WAY DEED FOR A PORTION OF CAMPUS DRIVE, PREVIOUSLY TRANSFERRED TO THE CITY OF PALM BEACH GARDENS BY PALM BEACH COUNTY VIA THE DEED RECORDED IN O. R. BOOK 23733, PAGE 1426; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 12, Resolution on Page 35) RESOLUTION 69, 2010 - APPROVING A PLATTING EXCEPTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN EXCEPTION TO THE REQUIREMENTS OF PLATTING FOR LOT 31 OF POD "D ", LOCATED WITHIN THE FRENCHMAN'S RESERVE PLANNED COMMUNITY DEVELOPMENT (PCD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. Pa a 50 PROCLAMATION — NATIONAL AMERICAN INDIAN HERITAGE MONTH N IX. /PUBLIC HEARINGS: (* Designates Quasi - Judicial Heariny,) a. *(Staff Report on Page 51, Resolution on Page 71) RESOLUTION 77, 2010 - AIPP REQUIREMENT FOR THE POINTE PUD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING �� ARTWORK, IN SATISFACTION OF THE ART IN PUBLIC PLACES REQUIREMENT, FOR THE POINTE PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT THE INTERSECTION OF 1 -95 AND MILITARY TRAIL AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. ✓ RESOLUTIONS: a. (Staff Report on Pane 84, Resolution on Page 88) RESOLUTION 58, 2010 - ON SITE HEALTH CLINIC. A RESOLUTION OF THE CITY COUNCIL OF THE j4-6 CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH CAREHERE, LLC TO PROVIDE AN ON -SITE EMPLOYEE HEALTHCARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 167, Resolution on Page 169) RESOLUTION 83, 2010 - CHANGE ORDER NO. 1 TO PIRTLE CONSTRUCTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 3-0 APPROVING CHANGE ORDER NO.1 TO JAMES B. PIRTLE CONSTRUCTION COMPANY D /B /A PIRTLE CONSTRUCTION COMPANY FOR THE f DESIGN /BUILD OF THE MUNICIPAL COMPLEX EMERGENCY OPERATIONS 'Q P d }Ap AND COMMUNICATIONS CENTER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ✓ITEMS FOR COUNCIL ACTION /DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested parry 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. aI W � .• o qA o Ix ' ~ C coo v 3 O Q a j ° 4.0 -y 4� w w .tom L �.y a ... a y� L" LN ed ~ • PON u O fL r0 W -� � pmo W CJ w L o d �: �f." 'O OON L OOq v cl W � � O a� a� 4.0 u � u �, tj i ,aj � y .� Z. v� t� •.. u d 6 O X � O 4-4 O Ca NOW L � W � •Food V'S c cc cc CITY OF PALM BEACH GARDENS MEMORANDUM n' TO: Ron Ferris, City Manager DATE: October 28, 2010 FROM: Allan Owens, Finance Administrator SUBJECT: Agenda Cost Background As per your direction, we have prepared the following Agenda Cost Analysis. The purpose of this analysis is to illustrate the total cost of the entire agenda process, including preparation, review, and attendance of staff at Council meetings, and to further illustrate potential savings by reducing the number of Council meetings from two to one per month. The analysis consists of the following sections: 1. The first column shaded in blue titled "Total Agenda Costs: Preparation, Review and Attendance at Council Meetings (Total Annual Costs)" reflects the estimated total annual agenda preparation and review costs, including staff time to attend Council meetings. 2. The next two columns illustrate estimated annual savings that could be realized by reducing the number of Council meetings from two to one per month. The second column, titled "Direct Cost Savings ", illustrates estimated direct cost savings. The third column titled "Operating Hours 8 :00 am, to 5 :00 p.m. increased Productivity (in hours) ", reflects estimated productivity that could be gained by eliminating one Council meeting per month. Financial Analysis Per discussions at Department Head meetings, each department was instructed to identify their total staff time and operating costs incurred to prepare, review, and attend Council meetings. For purposes of this analysis, we instructed Department Heads to base their historical costs on 22 meetings per year, which has been the actual number of meetings for the past couple of years, due to only one meeting being held in both July and August. To calculate staff costs, each department listed their staff, total hours, and hourly rate (including a benefits factor) to determine their department's total personnel costs in the agenda process. The total estimated annual staff time spent on the agenda process, including preparation, review, and attendance at Council meetings is $486,141.70. In addition to staff time, the departments then listed operating costs incurred in the process. These costs included items such as general office supplies, advertising and utilities. The total estimated annual operating costs incurred in the agenda process are $12,740.64. When added to total staff time, the total estimated annual cost of preparing, reviewing, and attending Council meetings is $498,882.34. Each department was then instructed to estimate any direct cost savings that could be realized by switching from two to one Council meeting per month. These savings would consist primarily of eliminating overtime for hourly employees that attend Council meetings, and reducing the City Attorney costs in attending agenda review and Council meetings. For purposes of this calculation, departments were instructed to base their estimates on reducing the number of Council meetings from 22 to 13 per year (there would still be two meetings required in September in order to adopt the annual budget). The total estimated annual direct cost savings from eliminating nine meetings per year is $18,624.25. The bulk of this savings is attributed to a reduction in legal and overtime costs. In addition to direct cost savings, each department was instructed to estimate the annual total increase in productivity (measured in hours) gained by eliminating one Council meeting per month. These gains are a result of efficiencies that would result in the agenda preparation and review process during the normal workday period from 8 a.m. to 5 p.m., and do not take into account time gained by exempt personnel by attending only one Council meeting per month. The total estimated productivity gained by switching to only one council meeting per month is conservatively estimated at 1,513 hours, or approximately 38 weeks. Other Considerations In addition to the financial analysis, there are other factors to take into account when considering switching to one council meeting. Some of these items include the following: • The length of the average Council meeting has been reduced by almost'/ since January 2009. For the period from 1/15/2009 to 10/1/2009, the average Council meeting lasted 2 hours, 29 minutes. For the period from 1/7/2010 to 10/7/2010, the average length was reduced to 1 hour, 37 minutes. • The number of items on the agenda has decreased substantially. For the same periods above, total numbers of items on the agendas have decreased from 220 to 181. • Although there would be only one meeting scheduled per month, with the exception of September, Council could call special meetings if a need arose. • With the substantial reductions in personnel over the last few years, there is less time to process other tasks. Productivity gained could be spent on other items that are being put on hold or taking longer to process, e.g., contracts, agreements and change orders that are not required to be put on agendas. There would also be more time to proof agendas. Summary In light of the above analysis, it appears that switching to one Council meeting per month would be a fiscally prudent move, both from a direct cost savings and by increasing productivity of our existing staff. In light of the current budget and economic crisis, this would appear to be a way to become more efficient and maximize the productivity of our existing workforce, while saving taxpayer dollars, without lessening levels of service provided to our residents. If you have any questions concerning this analysis, please do not hesitate to contact me. Vl H W 0 0 0 e� O :7 v C s 'V p C O O C V L C G •� OL .a w a C 7 O ba d fY. � G C cOy •L: a�i d d Ou c As PQ z� Q m pa W 0o v+000$o °,ov° M O 'n 0 0 0 to O n h 000 — ON O— O N N d' N N _" c� o � v � � s � G pR '> 00 � i o' p' d OL � d u 0 5 Q GO M 0 Vl V O N 1� in 'O ev 0 0 3 O CA 0 0 et I�t O 00 in 0 0 10 O O M O �O N O O e} .�-a 00 0 C. 0 0 00 u C C vi N 00 C \G .-. 0 0 h kn Ct 0 0 0 0 0 o\ C C C C 0 C� N 'r N 00 v� �o oo N O •> 00 '^ 0 N N �' N 0A YV u U T-4 � � u O A y�nooc.MM'.moeoo 0 O M O N O O� N O O M et ll (� C G Y1 00 C O M O .+ fV .•+ �O O T V1 O N d• M� .-r cn It N N 000 A U ° o0 .0 d w 0A'o� w�aaxwa •-� N M �• v1 �D n 00 O\ W O r C a E- F U C9 z_ E+ oOOOat O O O O �D �, O C 0 u %0 w �D � 69 y 'r .N 00 U U •Q a .-r N M dt to PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, the history and culture of our great nation have been significantly influenced by American Indians and indigenous peoples; and WHEREAS, the contributions of American Indians have enhanced the freedom, prosperity, and greatness of America; and WHEREAS, their customs and traditions are respected and celebrated as part of a rich legacy throughout the United States; and WHEREAS, Native American Awareness Week began in 1976 and recognition was expanded by Congress and approved by President George Bush in August 1990, designating the month of November as National American Indian Heritage Month '; and WHEREAS, in honor of National American Indian Heritage Month, comm~nity celebrations as well as numerous cultural, artistic, educational and historical activity have been planned; and NOW, THEREFORE, I, David Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim November as : National American Indian Heritage Month in the City of Palm Beach Gardens and urge all citizens to observe this month with appropriate programs, ceremonies and activities. Attest: Pa~MC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens , Florida, to be affixed on this 4t1t day of November in the Year Two Thousand and Ten. LP?c-~::l: Mayor David J. Levy