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Home My WebLink AboutAgenda Council Agenda 100799All those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING OCTOBER 7,1999 7:00 P.M. I. PLEDGE OF ALLEGIANCE H. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello. M. ANNOUNCEMENTS: Tuesday, 10/12/99, 6:30 P.M., Planning & Zoning Commission Wednesday, 10/13/99, 7:30 P.M., Education Advisory Board Monday, 10/18/99, 5:30 P.M., Art Advisory Committee Thursday, 10/21/99, 7:00 P.M., City Council Regular Meeting IV. PRESENTATIONS: 1. Parks and Recreation Department Awards A. NRPA Dorothy Mullins Arts & Humanities Award B. FRPA District V Department of the Year Award C. FRPA Volunteer of the Year 1999 for District V Award 2. 3CMA 1999 SAVVY Award V. CITY MANAGER REPORT: 1. Construction Manager Report 2. Canal Update VI. AWARDING OF BIDS: 1. Awarding of Bid for Impact Fee Study 3. Awarding of Bid for Banking Services 4. Awarding of Bid for Furniture 5. Awarding of Bid for Carpeting VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VIII. CONSENT AGENDA: 1. Approval of Minutes from 9/16/99 City Council Regular Meeting 2. Proclaiming. November 8, 1999, as Community and Regional Planning Day 3. Proclaiming October 13, 199, as "Save Today Day" 4. Resolution 118, 1999 - Consideration of Approval of Support from FDOT, WO and Palm Beach County for 4 -laning of PGA Boulevard 5. Resolution 126, 1999 - Consideration of Approval of Replat of Ballenlsles Golf Course. IX. PUBLIC HEARINGS: 1. Resolution 72, 1999- Public Hearing re: Consideration of Approval of a Sign Variance for Gardens Park Plaza (Public Hearing, adv. 6/7/99; Postponed from the i 6/17/99, 7/15/99, 8/19/99 and 9/16/99 Regular Meetings) 2. Ordinance 42, 1999 - Providing for Amendment of Ordinance 22, 1998, The Consoli.date.d and Restated Development Order for the PGA National Resort Community, DRI, by Amending the Master Development Plan to Revise the Schedule of Uses to Convert Approved Industrial and Warehouse Use to Office and Hotel Use. (Public Hearing, adv. 9/22/99; Consi.deration of Second and Final Reading) X. RESOLUTIONS: 1. Resolution 97, 1999 - Consi.deration of Approval to Create and Art A.dvisory Task Force and Appointing Members to Serve on Sai.d Task Force. 2. Resolution 100, 1999 - Consi.deration of Approval of Signage and Lighting Plan for The Commons Parcel 1. 3. Resolution 101, 1999 - Consi.deration of Approval of Signage and Lighting Plan for The Commons Parcel 2 4. Resolution 102, 1999 - Consi.dertion of Approval of Signage and Lighting Plan for The Commons Parcel 3. 5. Resolution 117, 1999 - Consideration of Approval of Parcel 28, BallenIsles, Clubhouse, Tennis and Fitness Center. 6. Resolution 122, 1999 - Consi.deration of Approval of Employee Classification Plan. 7. Resolution 123, 1999 - Consi.deration of Approval of an Interlocal Agreement with the Solid Waste Authority for Recycling. XI. ORDINANCES: (For Consideration of First Reading) 1. Ordinance 43, 1999 - Providing for Amen.dment to the Co.de of Ordinances, re: Excavation and Fill. (Workshop / Consi.deration of First Reading) i XII. ITEMS FOR COUNCIL ACTION: I XIII. ITEMS FOR DISCUSSION: 1. Solid Waste RFP Revision 2. PGA Flyover Design XIV. ITEMS & REPORTS BY MAYOR AND CITY COUNCIL; 1. Issues & Priorities XV. CITY ATTORNEY REPORT: 1. Labor Attorney XVI. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with .disabilities needing special accommodations to participate in this proceeding shoul.d contact James Wal.dron, Jr., no later than 5 .days prior to the proceeding at telephone number (561) 775 -8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person .deci.des to appeal any .decision made by the Council, with respect to any matter consi.dere.d at such meeting or hearing, they will need a record of the procee.dings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. OM FAX NO. Sep. 30 1999 10:22AM P1 PARKS AND RECREATION MEMORANDUM II TO: Bobbie Herakovich, City Manager AArr � FROM: Susan Miller, Director/Parks and Recrcationg ft DATE: September 10, 1999 RE: Department Awards Staff and I recently attended the FRPA 1999 State Conference in Orlando where our department was recognized by several awards. *City of Palm Beach Gardens, Parks and Recreation received "Department of the Year 1999 for District V" *Gardens Art received "The Dorothy Mullen Arts and Humanities Award *Personally, I was awarded "Volunteer of the Year 1999 for District V" *Certificates of Appreciation for the PGA Golf Tournament awarded to: Brian McLaughlin Christy Murphy .Louise Jordan Kathy Specker Tim Kasher Brian Marx I would Iike to have the department and Gardens Art recognized at a council meeting for "The Dorothy Mullen Arts and Humanities" award. Please advise. Cc: Richard Diamond P st- r Fax Note 7671 °�Q �• pages I to From Co. /Dept. Co. Phone s Phone # Fax u Fax S City of Palm Beach Garden For more information contact: Public Information Office at 625 -4PBG FOR EMMEDIATE RELEASE City of Palm Beach Gardens Wins National Award City of Palm Beach Gardens — September 29, 1999 — The City of Palm Beach Gardens was awarded the Silver Circle award in the 1999 SAVVY Awards Competition. The Awards are sponsored by the City - County Communications and Marketing Association (3CMA), which is the national association of local government communication professionals. 3CMA received a total of 678 entries in ten categories of communication efforts, including such categories as Public Service Announcements, Annual Report, Newsletters, Marketing Plans and Community Visioning Process. I The City of Palm Beach Gardens received the Silver Circle Award in the category of Community Visioning Process, for its visioning process and recently published document, "Our Vision: A Strategic Plan." Public Information Officer Beth Ingold -Love accepted the award on behalf of the City at the 3CMA's national conference, held this year in Portland, Oregon. Over a four -year period, the City of Palm Beach Gardens facilitated a Visioning Process that drew input from residents from a variety of resources — the older sections of the City, residents from the gated communities, representatives of the business community, interest groups and outside agencies — to provide input into developing a future image of the City. By following an inclusive process, the City transformed participants into stakeholders. The resulting document, "Our Vision: A Strategic Plan," presents a future image of the City that will serve as a guide as the City enters a period of inevitable growth and development. i Note: For a copy of the vision document, please call Beth Ingold -Love, Public Information Officer at 625 -4PBG. t MONTHLY CONSTRUCTION STATUS REPORT 7 OCTOBER 1999 SCHEDULE THE CONTRACTOR HAS CONTINUED TO WORK SATURDAYS AND IS CURRENTLY BACK ON SCHEDULE TO MEET HIS SUBSTANTIAL COMPLETION DATE. CITY HALL WORK HAS CONTINUED TO PROGRESS ON THE INSTALLATION OF THE ROOF OVER THE COUNCIL CHAMBERS, THE INSTALLATION OF DRYWALL AND THE FINAL PREPARATIONS BEFORE STARTING UP THE HVAC UNITS. THE INSTALLATION OF DOOR FRAMES AND WINDOWS IS COMPLETE AND FINAL EXTERIOR PAINTING IS TAKING PLACE. INTERIOR PAINTING OF STAIRWELLS, AND HANDRAILS IS IN PROGRESS. FIRE STATION FINAL DRYWALL INSTALLATION IS TAKING PLACE, INTERIOR PAINTING OF TRUCK BAYS IS COMPLETE AND REMAINING INTERIOR PAINTING WILL FINISH SHORTLY. EXTERIOR CONCRETE WORK IS BEING COMPLETED FOR DRIVEWAYS AND WALKS. POLICE STATION WORK IS BEING COMPLETED IN THE SALLY PORT AREA ALONG WITH CEILINGS IN THE MAIN BUILDINGS. PG 2 7 OCT 99 PREPARATIONS TO TURN ON THE MAIN POWER AND HVAC ARE IN PROGRESS SITE WORK EXCAVATION HAS STARTED NORTH OF THE ANNEX FOR THE INSTALLATION OF THE UNDERGROUND DRAINAGE SYSTEM. GRADING AND COMPACTING IN PREPARATION FOR THE INSTALLATION OF ASPHALT AND CURBS NORTH AND EAST OF THE POLICE STATION IS NEAR COMPLETION. WORK WILL START IN THE NEXT TEN DAYS ON THE NEW ENTRANCE ON MILITARY TRAIL. i City of Palm Beach Gardens Bond Proceeds Flow of Funds Summary, as of September 30, 199Q Bond Interest Total Total Remaining Proceeds Income Revenues Expenditures Balance 1996 Capital Projects Fund $4,411,495 362,833 4,774,328 4,774,328 $0 1997 Capital Projects Fund $4,872,445 415,669 5,288,114 5,288,114 $0 1998 Capital Projects Fund $4,418,700 205,767 4,624,467 4,624,467 $0 1999 Capital Projects Fund $3,713,747 20,277 3,734,024 208,291 $3,525,733 Total $17,416,387 1,004,546 18,420,933 14,895,200 $3,525,733 City of Palm Beach Gardens Bond Proceeds Expenditure Summary Through September 30, 1999 Inception 1996/1997 1997/1998 1998/1999 To Date Current Expenditures Expenditures Expenditures Expended Month 1996 Capital Projects Fund Architectural services 397,530 407,281 31,710 836,521 0 Bond issuance costs 30,604 0 0 30,604 0 Construction costs 9,896 1,682,343 1,277,630 2,969,869 0 Land Acquisition 635,163 0 0 635,163 0 Construction Manager services 193,875 29,700 23,575 0 Other expenses 54,892 23,704 8,596 0 Total 1996 Capital Projects Fund 1,073,193 2,338,391 1,362,744 4,774,328 0 1997 Capital Projects Fund Architectural services 51,281 51,281 0 Bond issuance costs 23,484 0 23,484 0 Construction costs 5,137,471 5,137,471 0 Land Acquisition 0 0 0 Construction Manager services 39,886 39,886 0 Other expenses 35,992 35,992 0 Total 1997 Capital Projects Fund 23,484 0 5,264,630 5,288,114 0 1998 Capital Projects Fund Architectural services 0 132,576 132,576 6,721 Bond issuance costs 20,248 161 20,409 0 Construction costs 0 4,342,266 4,342,266 462,536 Land Acquisition 0 0 0 0 Construction Manager services 0 52,027 52,027 10,003 Other expenses 0 77,189 77,189 19,076 Total 1998 Capital Projects Fund 20,248 4,604,219 4,624,467 498,336 1999 Capital Projects Fund Architectural services 0 0 0 Bond issuance costs 19,156 19,156 0 Construction costs 188,920 188,920 188,920 Land Acquisition 0 0 0 Construction Manager services 215 215 0 Other expenses 0 0 0 Total 1999 Capital Projects Fund 0 208,291 208,291 188,920 Total 1,096,676 2,358,639 11,439,884 14,895,200 i I 687,256 Suffolk Construction Contract as of September 30, 1.999 Original Contract Amount $13,132,520.00 Change Order #1 - demolish light poles at ballfields $24,264.00 Change Order #2 - Increase irrigation line sizes for ballfields $58,134.00 Change Order #3 - Replace four drainage structures to run line deeper $12,544.00 Change Order #4 - Allowance and other credits, sod, Burns Rd, Hurricane glazing ($88,268.00) PCO #17(Change Order #5) - Add concrete cap to block wall at 16 dugouts $4,359.00 PCO #21 - Add waterproof membrane along backside of wood trusses on concession bl $3,262.50 PCO #24 - Install additional showers in Fire Department $6,602.00 PCO #25 - Add drainage structure as required by Seacoast $3,017.00 PCO #26 - Modify laundry room in Fire Station $5,659.00 PCO #27 - Remove existing two inch slab at Fire Station $2,081.00 PCO #28 - Delete access flooring in Fire Station ($7,775.00) PCO #29 - Install additional floor tile in certain areas $3,499.00 PCO #31 - Change 95 ft. of PVC pipe to ductile iron $1,494.00 PCO #33 - Allowance deletion from contract to purchase site furnishings directly ($18,000.00) PCO #35 - Tax savings and direct payments to vendors ($691,886.41) PCO #36 - Add panel partition support at Police Station $3,192.00 PCO #39 - Extend batting cage netting height $2,750.00 PCO #40 - Change five overhead doors at Fire Station to meet hurricane standards $13,803.00 PCO #09 - Delay claim $38,566.00 PCO #22 - Additional concrete for wider sidewalks and bleachers $34,081.00 PCO #37 - Remove light concrete roof found at Fire Station $9,589.00 PCO #41 - Add three windows that meet hurricane standards $8,106.00 PCO #46 - Add Oil /water separator required by code $4,855.00 PCO #51 - Deduct audio visual and Council Seating allowance ($120,000.00) PCO #52 - Removal of footing y ($195.00) PCO #53 - Framing in Fire Station - change in design ($680.00) PCO #55 - Chiller yard $24,770.00 PCO #57 - Deduct Allowance for display lighting in lobby ($10,000.00) PCO #42 - Fence around Transformer $9,203.00 PCO #30 - Add bottom tensions wire and barbs up $5,013.00 Change Order # 9 - PCO's 47,60,65,67,69,73,76,77,83,101 $34,005.00 PCO #74 - Tax savings and direct payments to vendors ($1,253,613.09) Change Order #10 - PCO's 52,53,82,93, 102,103,105,106,109,111,112,118 $14,932.00 Total Contract Amount with Change Orders $11,269,883.00 Total Payments to Suffolk through 09/30/99 $9,431,423.03 MUNICIPAL COMPLEX IMPROVEMENTS 09/30/99 09/30/99 09/30199 6127/96 5/29/98 EXPENDED PROJECTED BUDGETED PROJECTED TO DATE' REMAINING COSTS COSTS COSTS COSTS Construction Costs 9,972,853 Contractor (excludes Allowances) 14,514,404 Net Change Orders 2,666,667 Direct Payments to Suppliers 13,040,383 Sub -Total (Suffolk & Suppliers) Allowances Porcelain Tile - City Hall Porcelain Tile - Police Signage, Kiosks /Sculpture Audio Visual Site furnishings(benches, etc.) Council Seating Hardware Seplas(as -built drawings) Wall graphic (City seal at lobby) Lobby Display Lighting Progress photos (Architect/Owner) Completion & as -built photos (Architect/Owner) Material testing (Supv. by CM) Total Allowances Permitting, Utilities Total Construction Costs 14,514,404 Furnishings Interior Design Consultant 150,000 Telephone System 60,000 Security System 127,380 MIS wiring & equipment 150,000 Move dispatch center 250,000 Furniture 184,000 Carpeting 130,000 Moving costs to City Hall, Police 20,000 Window Treatments 50,000 Concession stand equipment 25,000 Tot lot equipment 36,000 Appliances 5,000 Total Furnishings 1,187,380 Architectural /Engineering 1,138,513 Bond Issuance Costs 175,000 Art in Public Places 121,645 Construction Management 790,690 Miscellaneous /Contingency 608,223 Asbestos Abatement Threshold Inspection Groundbreaking ceremony Contingency Irrigation Pump for Complex Relocate Annex Westminster Church Purchase 635,000 Total Project Costs $19,170,855 Sales Tax Savings Net Project Costs $19,170,855 $17,646,125 09/30/99 FINAL PROJECTED COSTS 12,639,520 9,431,423 541,430 9,972,853 400,863 400,863 2,280,101 386,566 2,666,667 12,639,520 11,711,525 1,328,858 13,040,383 10,000 2,500 140,000 75,000 18,000 45,000 150,000 2,500 5,000 10,000 4,000 6,000 25,000 493,000 164,779 13,297,299 150,000 60,000 150,000 350,000 250,000 184,000 130,000 20,000 50,000 25,000 36,000 5,000 1,410,000 1,065,000 105,000 0 335,000 798,826 72,200 35,000 5,000 656,626 0 30,000 $635,000 $17,646,125 0 0 0 0 15,864 0 0 0 0 0 971 0 19,164 35,999 121,620 11,869,143 19,026 0 23,214 724,697 0 1,750 0 0 31,709 29,998 0 830,394 1,027,186 93,652 0 315,702 124,975 15,494 74,998 0 34,484 0 0 635,163 $14,896,215 (110,123) $14,786,093 .10,000 2,500 140,000 75,000 2,136 45,000 150,000 2,500 5,000 10,000 100 6,000 5,836 454,072 46,238 1,829,167 15,000 180,000 101,786 339,940 250,000 248,250 130,000 15,000 11,000 0 0 5,000 1,295,976 37,814 1,000 0 96,500 311,280 35,000 0 0 221,280 40,000 15,000 0 $3,571,738 (49,877) $3,521,860 10,000 2,500 140,000 75,000 18,000 45,000 150,000 2,500 5,000 10,000 1,071 6,000 25,000 490,071 167,857 13,698,310 34,026 180,000 125,000 1,064,637 250,000 250,000 130,000 15,000 11,000 31,709 29,998 5,000 2,126,370 1,065,000 94,652 0 412,202 436,255 50,494 74,998 0 255,763 40,000 15,000 $635,163 $18,467,953. (160,000) $18,307,953 Approved Change Orders as of September 30, 1999 #1 Demolish light poles at ballfields 24,264.00 92 Increase irrigation line sizes for ballfields 58,134.00 #3 Replace four drainage structures to run line deeper 12,544.00 #4 Reduce cost for Water line @ Johnson Dairy vs. Jack & Bore (8,573.00) Delete hood fans in the Concession stands (1,367.00) Allowance transfer (170,000.00) Sod and irrigation on infields 10,069.00 Revisions to Water /Sewer drawings 10,769.00 Hurricane glazing for Fire Station 30,838.00 Furnish water service to dugouts 4,832.00 Asbestos removal of existing 14" pipe 936.00 Jack & Bore across Bums Rd 34,228.00 Total for Change order #4 (88,268.00) #5 PCO #17(Change Order #5) - Add concrete cap to block wall at 16 dugouts $4,359.00 #5 -II PCO #35 - Tax savings and direct payments to vendors ($691,886.41) #6 PCO #21 - Add waterproof membrane along backside of wood trusses on concession b $3,262.50 PCO #24 - Install additional showers in Fire Department $6,602.00 PCO #25 - Add drainage structure as required by Seacoast $3,017.00 PCO #26 - Modify laundry room in Fire Station $5,659.00 PCO #27 - Remove existing two inch slab at Fire Station $2,081.00 PCO #28 - Delete access flooring in Fire Station ($7,775.00) PCO #29 - Install additional floor tile In certain areas $3,499.00 PCO #31 - Change 95 ft. of PVC pipe to ductile iron $1,494.00 PCO #33 - Allowance deletion from contract to purchase site furnishings directly ($18,000.00) PCO #36 - Add panel partition support at Police Station $3,192.00 PCO #39 - Extend batting cage netting height $2,750.00 PCO #40 - Change five overhead doors at Fire Station that meet hurricane standards $13,803.00 PCO #09 - Delay claim $38,566.00 PCO #22 - Additional concrete for wider sidewalks and bleachers $34,081.00 PCO #37 - Remove light concrete roof found at Fire Station $9,589.00 PCO #41 - Add three windows that meet hurricane standards $8,106.00 PCO #46 - Add Oil /water separator required by code $4,855.00 PCO #51 - Deduct audio visual and Council Seating allowance ($120,000.00) PCO #52 - Removal of footing ($195.00) PCO #53 - Framing in Fire Station - change in design ($680.00) PCO #55 - Chiller yard $24,770.00 PCO #57 - Deduct Allowance for display lighting in lobby ($10,000.00) #8 PCO #42 - Fence around Transformer $9,203.00 #8 PCO #30 - Add bottom tension wire and barbs up $5,013.00 #7 -11 PCO #74 - Tax savings and direct payments to vendors ($1,253,613.09) #9 PCO #47 - Rerouting of storm drain $6,265.00 PCO #60 - Attic protection in Fire Station $3,685.00 PCO #65 - Addition of two(2) Siamese connections $2,279.00 PCO #67 - Extend 2" rigid and Z- furring to tube steel $1,000.00 PCO #69 - Removal of Fire Station Parapet $2,014.00 PCO #73 - Change in Floor tile $9,576.00 PCO #76 - Change panel fabric $565.00 PCO #77 - Fire Station Parapet $5,348.00 PCO #83 - Fire Station Leader Pipe $3,053.00 PCO #101 - Install shower curb in locker rooms on 2nd floor PS $220.00 Total for Change order #9 $34,005.00 #10 PCOs 52,53,82,93, 102,103,105,106,109,111,112,118 $14,932.00 Total Change Orders (1,862,637.00) Direct Payments ($1,835,376.89) Sales Tax Savings ($110,122.61) Allowance deletions ($318,000.00) Net additional Change Orders $400,862.50 Original Contract Amount $13,132,520.00 Contract Amount after Change Orders $11,269,883.00 1 _ ''t'V'UVI11111tLL 11Ala:A11A1V CK IVII1i111Vli111A 1111%.* " -,' WILLIAM'C MIGNOGNA,.P.E.,PRESIDENT DWAYNE R JACKSON,.P.E.; ASSOCIATE ,a September 24; 1999 $i�J9 SEP.2 4 1" Ms. Bobbie Herakovich y ^anager City of Palm Beach Gard 10500 North Military Trail Palm Beach Gardens; FL 33410 ' Re: Coordination & Management of the Move to the New Complex Palm Beach Gardens, Florida Project IL'a.: 900.022 , We are pleased to submit the following proposal for Construction Management Services foc the subject project developed. with'the City's help: This project consists of the coordination and management of the installation of the telephone, MIS, security, fumiture, carpet, the demolition of the annex and the physical move to the new city offices. The following.is a list of scheduled tasks that we will coordinate with the city ❑ "Telephone 0 Notification` -911 Coordinated with Palm Beach County - Employees Regular Services Public • Radio -Post Office • MIS - Federal Express Disconnect Elevator'; -Move Service Contract -Re- connect ❑ Fire Alarm ❑ Security System Monitor.Contract, -Keys ❑ Janitorial .Service` -Cards -Expansion of Existing Contract ❑ Furniture - Existing ❑ Mover -Move - Packing and Move - Storage ❑ Post Office Kiosk' - ❑ Furniture - New - Relocation - Inventory _ a ❑ Council Chambers -Check for Damages . Temporary,Meeting Location ❑ Carpet =Sound Equipment ❑ Signs ❑ Administrative Staff - Exterior Temporary Offices Interior ❑ Finance - Temporary - Temporary Offices ' ❑ Parking ❑ Annex ; - Signs -Move Out and Demolition -Maps ❑ Coordination of all Above Activities Our fee for "the se se,rvices'wiil be $30,000.00. Payment is,due upon receipt.of services. 4 V11e will invoice.In proportion to se "rvices rendered and payment will be expected within 30 days. Payment for services is yourdirect obligation ;and is not contingent upon any othe'rpaymentscheduies 'pursuantto other contracts., or financial. arrangements w If payment' is `not received within A6ys of your, ;receiving our, invoicei you agree to actively participate with us In our ;effortsao collect ourfee directly from your client: Also, we have_the option to cease providing services during that time and we cannot beheld responsible for costs generated by ourwork stoppage For , 321 15TH STREET •.SUITE 200`• WEST PALM BEACH,; FL 33401. 561 835. =9994 •FAX 561-8358285" • ,WWW.ONM.NET „:'PHILADELPHIA' PA's" 215= 925 -3788: Ns. Bobbie Herakovich, City Manager k September 24, 1999 Page Two' reimbursable expenses such�as travel, lodging, reproduction costs or special -nailing, instructions, we will invoice at a multiple of 12 times the amounts expended in the interest of the project There is no finance charge upon amounts due which are paid.within thirty (30) days A periodic'rate of 1.5%0 " pet month (an, annual percent age, rate of eighteen percent (18%) simple interest per annum on.the'unpaid balance) will be charged to the client's account each month and added to the balance which remains'unpaid after thirty (30)'days , Please call if you have:any questions or if additional information is required.: Kindly indicate;your acceptance by signing'and retuming`this document with In'ten (10) days. Should this document not be executed and returned to us, all parties :acknowledge and agree that "authorization to proceed" through any other means constitutes formal acceptance of all terms and conditions contained herein. OT ELL, NACCARATO & MIGNOGNA, INC. j r liam C. Mignogna P.E President WCM /arc ACCEPTED BY < DATE , ' `'. Y r YJ iN,y':tfLi^TJ' � . . x r , i+ O'DONNEL V Q� September 22, 1999 ;! ( 'SEP 2 8 �'1 "9 Ms. Bobbie Herakovichl,I _Manager — City of Palm Beach Gardens 10500 N. Military Trail... k- . I Palm Beach Gardens, FL 33410 Re: Existing City Hall - Project Management Palm Beach Gardens, Florida Project No.: 900.020 We are pleased to submit the following proposal for Project Management Services for the subject project. Our proposal is based on.,information supplied by your office. This project consists: of the overseeing of Gaudet Associates and the Contractor performing the asbestos abatement work on these facilities: ` Our fee for these services will be on an hourly basis. RATE SCHEDU4E Principal ... .... ..... $155.001 hour Project Manager ............ $125.00/ hour Project Engineer ............. $105.00/ hour .'CADD Operator .. , .. ... $ 60.001 hour Field Engineer . $ 50.00/ hour Secretary ........... $ 35.00 /hour ` The prevailing rates shall be effective on January 1, 1999 and are expected to remain as stated.through December 31, 1999. ,.Should circumstances require adjustment to these rates prior to December 31,;1999, 30, days written notification shall be submitted in advance of the effective date of change. } Payment is due upon receipt of services. The contract terms are: based on the following assumptions: 1. We will be reimbursed for the expense of reproductions, excluding reproductions for the office use of the`:client. Postage and handling of drawing will be sent by U.S. regular,:mail or U.P.S. regular ground service ' Any,special handling requests, will be reimbursable ..= L, 2 Material testing will be provided by a testing agency retained by others'a,``" 3. In the event of any litigation arising from or related to the services provided under this agreement, the prevailing party will be entitled to recovery of all reasonable costs.incurred, including staff time, court costs, attorneys' fees and other related expenses. Payment schedule is the same as original contract (Project Number 998.001). ? r Please call if you have any questions or if additional information is required.. Kindly ;indicate your acceptance by signing and returning this document within ten (10) days. Should this document not be eke cute.d and returned to us, all parties acknowledge .and agree that "authorization to proceed" through any other, means constitutes formal acceptance of all terms and.conditions;contained herein. }�f r I NELL' NACCARAT0 & MIGNOGNA, INC t lam C. Mlgnogna, P E { ki ZJ President:_ t f ACCEPTED BY DATE r�t'�rt 321 15TH STREET • SUJtE 200 • WESr PAUti BeACH; FL.33401 • 561 835 9994 •F FAx 561 835 8255 • WWW Ow NETS , . PIIIIADELPHIA. PA • 215'= 92537$8:`;j` .'..` . 1.�"lr,C' 1 _ / CITY OF PALM BEACH GARDENS CITY COUNCIL 2 7 `L ,Agenda Cover Memorandum Meeting Date: October 7, 1999- Date Prepared: September 22, 1999 SubjectlAgenda Item: Acceptance of a proposal from Duncan Associates to evaluate and update City impact fees for fire protection / emergency medical services, police protection, and parks and recreation facilities I i Recommendation /Motion: Motion to accept a proposal from Duncan Associates to update City impact fees and to authorize the City Manager to execute a contract for this project Reviewed by: Originating Dept.: Costs: $ 21, 860 Council Action: Total Planning Division [ ] Approved City Attorney $21,860 [ ]Approved w/ ACM `�j - 22-- Current FY conditions [ . [ ]Denied Advertised: Other Funding Source: [ ] Continued to: Attachments: Date: August 13,1999 [ X ] Operating 1. �etct�,%82 -30, y Paper: The Palm Beach Post [ ] Other 2. �iopoasal from § f e�Im�act Not Required � Wt ust q,l Submitted by: lAffected Growt or pa -es Budget Acct. #: 01- 1420 - 515.3150 Approved by: [ ] Notified [ ] None City Manager "Not required BACKGROUND: The City currently imposes three separate impact fees on new development, which includes new construction, building additions, and a change of use. The impact fees collected are for fire protection / emergency medical services, police protection, and parks and recreation. The City's impact fee schedules are contained in Section 82 -30 of the City Code. A copy of that section is attached. The City's impact fees were last updated in 1997. Section 82 -33 of the City Code requires that the City review and update, as !appropriate, City impact fees at least once every two years. A copy of that section is attached. Pursuant to that requirement, the City advertised a Request for Proposals on August 13, 1999, in The Palm Beach Post, and mailed copies of the advertisement to selected consultants requesting proposals to evaluate and update City impact fees. Only one proposal was received in response to the Request for Proposals. The proposal received was from Duncan Associates, which also updated the City's impact fees in 1997. The proposal from Duncan Associates indicates that the project should take approximately 90 days to complete. The total fee in the proposal is $21, 860. RECOMMENDATION: Staff recommends accepting the attached proposal from Duncan Associates for this project and authorizing the City Manager to negotiate and execute a contract with Duncan Associates for this project. I � I 4 I 82 -28 PALM BEACH GARDENS CODE rA, (6) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either ... or," the conjunction shall be interpreted as follows: a. "And" indicates that all the connected items, conditions, provisions or events shall apply. b. "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination. C. "Either ... or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination. (7) The term "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character. i (8) Unless the context clearly indicates to the contrary, the terms "public safety," "police protection," "fire protection," "emergency medical services (EMS)," and "parks and recreation facilities" shall have the same meanings given those terms in the city's comprehensive plan. (9) The land use types listed in section 82 -30 shall have the same meaning as in chapter 118 pertaining to zoning. (Code 1987, § 161.03; Ord. No. 39 -1997, § 3, 9- 18-97) See. 82-29. Imposition of fees. (a) Any person who seeks to develop land by, for the issuance of a building permit for one of the land use types specified in section 82 -30 shall be required to. pay a police protection, a fire .protection, an EMS and a parks and recreation facility impact fee in the manner and amount set forth in this article. (b) No building permit for any land use types specified in section 82 -30 shall be issued by the city unless and until the impact fees required have been paid. The amount of the impact fees shall be as set forth in the. schedules of. each service (police, fire, EMS, and parks and recreation facilities), except as otherwise established pursuant to a city - approved independent calculation. The feepayer shall have the option of using the fee schedule or the independent calculation. (c) When change of use, redevelopment, or modification of an .existing use requires the issuance of a building permit, the impact fees shall be .based upon the net increase in the impact fee for the new use as compared to the previous p se: (Code 1987, § 161.05; Ord. No. 39 -1997, § 4, 9- 18-97) Sec. 82 -30. Fees. The amount of the impact fees imposed under this article shall. be determined by the following schedules, except as established'by an independent calculation pursuant to'section 82 -31: Supp. No. 3 CV82 :4 ADMINISTRATION § 82 -30 PALM BEACH GARDENS FIRE PROTECTION AND EMS COST SCHEDULE Supp. No. 3 CD82.5 Development Alarms Net Cost Net Cost Land Use Type Unit per Unit per Alarm' per Unit Single - Family Dwelling 0.134 $ 2,577.34 $ 345.36 Detached Multi- Family Dwelling 0.053 2,577.34 136.60 Mobile Home Dwelling 0.007 2,577.34 18.04 Hotel/Motel Room 0.094 2,577.34 242.27 RetaiUCommer- 1,000 sq. ft. 0.163 2,577.34 420.11 cial Office /Institu- 1,000 sq. ft. 0.144 2,577.34 371.14 tional Industrial/Ware- 1,000 sq. ft. 0.037 2,577.34 95.36. house PALM BEACH GARDENS POLICE PROTECTION COST SCHEDULE Development Calls Net Cost Net Cost Land Use Type Unit per Unif, per Call per Unit Single - Family Dwelling 1.40 $ 96.89 $ 135.65. Detached _ Multi - Family Dwelling 0.48 96.89 46.51 Mobile Home Dwelling 0.54 96.89 52.32 Hotel/Motel Room 1.12 96.89 108.52 RetaiUCommer- 1,000 sq. ft. 2.18 96.89 211.22 cial Office /Institu- 1,000 sq. ft. 1.82 96.89 176.34 tional Industrial/Ware- 1,000 sq. ft. 0.93 96.89 90.11 house PALM BEACH GARDENS PARKS AND RECREATION FACILITY COST SCHEDULE Peak Population/ Net Cost per Peak Net Cost /Dwelling Housing Type Unit Resident Unit Single: Family De- 2.68 $ 558.34 $ 1,496.35 tached Single- Family At- 1.98 558.34 1,105.51 tached i Multi- Family 1.78 558.34 993.85 Mobile Home 1.47 558.34 820.76 . Hotel/Motel 1.09 558.34 608.59 (Code 1987, § 161.06; Ord. No. 394997, § 5, 9- 18-97) Supp. No. 3 CD82.5 ADMINISTRATION § 82 -35 with this article. The covenant shall hold the fee simple interest in the land, and mortgagee, as appropriate. The covenant shall recite this article and the facts and reasons underlying its execution. It shall set forth the restrictions on the property and the terms and conditions under which it may be released. (C de 1987, § 161.08) Sec. 82 -33. Review. (a) Under this article, the schedule of each impact fee shall be reviewed at least once each biennium to update costs, credits and generation rates. Where the review wax' Tan is changed impact fees, this article shall be amended. (b) The review shall include an analysis of the level of service for each impact fee. If the average level of service is not consistent with the.level of service upon which the respective impact fee amount is based, the amount shall be adjusted based upon the then •e�dsting average level of service. (Code 1987, § 161.09) Sec. 82 -34. Trust funds. There are established three impact fee trust funds, one for police protection, one for fire protection and EMS, and one. for parks and recreation facilities. The police. protection impact fee shall be deposited in the police protection impact fee trust fund. The fire protection and EMS impact fee shall be deposited i:_ the fire protection and EMS impact fee trust fund. The parks and recreation facilities impact fee shall be deposited in the parks and recreation facilities impact fee trust fund. The trust funds shall be invested by the city in interest- bearing sources and all income derived shall accrue to the applicable trust fund. The funds shall be used only for capital improvement costs for which the impact. fee was levied and which would add capacity needed to serve new development. The city manager shall identify in the city's annual budget those new capital. improvements for which the police protection, fire protection and EMS, and parks and recreation facilities impact fees will be spent. The funds shall remain restricted to their respective trust fluids and the i, requirements of this article, and the city manager shall ensure that the funds are expended and accounted -for. in accordance with the provisions of this article. The city manager shall maintain such records and documentation necessary to allow the effective audit of the use of the police protection, fire protection and EMS, and the parks and recreation facilities impact fees. (Code 1987, § 161.10; Ord. No. 39 -1997, § 7, 9- 18 -97) Sec. 82 -35. Collection; administrative fees. (a) The feepayer shall pay the police protection, fire protection and EMS, an d parks and recreation facilities. impact fees to the city manager prior to the issuance of a building permit which may be required for development listed in the schedules in section 82 -30. ,No building permit may be issued for any development listed. in section 82 -30 until such fees have been Supp. No. 3 CD82.7 proposal to prepare I l M PACT FEE ANALYSIS submitted to PALM BEACH GARDENS, FLORIDA submitted by I duncanlassociates August 1999 "WING duncani associates land development regulations growth management impact fees September 1, 1999 Steven B. Cramer, AICP Principal Planner c/o City Clerk 10500 North Military Trail Palm Beach Gardens, Florida 33410 Dear Mr. Cramer: On behalf of Duncan Associates, I am pleased to submit our proposal to assist the Cry of Palm Beach Gardens In updating its impact fee studies and ordinances for parks, police and fire protection. After reviewing our proposal and qualifications, I believe that you will find that our firm has the following strengths: 1. Duncan Associates has extensive national impact fee experience. In fact, we have prepared more fee studies for more clients than any other consultant in the nation. 2. Duncan Associates Is very familiar with Floridd. Our team pioneered impact fees in Florida. We prepared the 1997 update of the Ciiys fees._ We have also recently updated impact fees for North Port, as well as Orange, Lee and Citrus counties. 3. Duncan Associates specializes in plan implementation. We seek professional assignments relating only to development regulations and development impact fees. 4. Duncan Associates' studies custom fit client nccds. They recognize the uniqueness of IndMdual cities and reinforce and promote local planning goals and objectives. We look very much forward to your review of our proposal and qualifications. Please do not hesitate to contact me if you have any further questions. Thank you. yours, ASSOCIATES Z L-0�� B. Duncan, FAICP 13276 research blvd ■ suite 208 ■ austin N 78750 ■ phone 512 258 7347 ■ fax 512 2589994 ■ erriallfirm@dunconplan.com SCOPE OF SERVICES TASK I: PROJECT ORGANIZATION/DATA COLLECTION Immediately upon contract execution, Consultant will meet with key members of City staff. During this visit, Consultant will gather available information related to the project; identify major technical and policy issues involved; coordinate City and Consultant responsibilities; and refine the project schedule. The City will provide Consultant, without charge, copies of all available relevant plans, studies and documents needed to perform the scope of work for each facility, including fire/EMS, police and parks. These may include, but are not limited to: • inventories of existing land and improvements (e.g., acres of land, size of buildings, type of equipment, etc.); • condition of capital facilities in relation to adopted LOS; • annual impact fee revenues and expenditures; • copies of credit agreements and records of other calculated credits; i • copies and disposition of all independent fee analysis studies ; • copies of all existing impact fee ordinances; • records and results of any impact fee appeals; • records and actions related to any refund requests; • copies of Comprehensive Plan, CIP and 'population estimates; • facility master plans and service area boundary maps; • annual budget and financial report • outstanding general obligation and revenue bond issues; and • recent land acquisitions and facility construction costs. At the conclusion of Task 1, Consultant-will prepare a memorandum summarizing the organizational framework for the project, and listing additional data needs, if any. The memorandum will be delivered within one week of the organizational meeting. Deliverable: Project Organization Meeting (2 Person -Days) Project Organization Memorandum TASK 2: DRAFT IMPACT FEE STUDY /ORDINANCE This task involves the actual preparation of a draft impact fee study for fire/EMS, police and park facilities and provides the technical analyses dunoanlassociates necessary to support fee schedule updates. The study will! modify the methodological approach used in the calculation of fees, to the extent necessary to meet rational nexus requirements or to achieve objectives outlined by City staff for the impact fee program. Any redesign will be relevant to City needs and objectives, and result in a workable and legally defensible method for exacting impact fees. Additionally, the study will validate and update the cost data, the fiscal data, and the demand data used to estimate capacity, demand and the capital costs the City should be expected to incur to accommodate new growth and development. Finally, the study will include an analysis of the existing impact fee ordinance, with any recommendations for changes required to clarify existing provision, ensure legal defensibility or address issues raised by City staff. This task will also involve preparation of ordinance amendments required to implement the revised fees schedules and other recommendations of the report. Generally, the draft impact fee study will include the following analysis for each facility: (1) Update of facility conditions, based on adopted levels of service. (2) Capital facility capacity demands generated by new development will be determined. Demand will be expressed in terms of service units used in measuring facility demand (e.g., persons, vehicles, dwelling units and nonresidential growth). i (3) Cost estimates to fund additional facility capacity to accommodate new development will be undertaken. The City will provide reasonably recent cost data for each facility. (4) Capital facility costs will be allocated to new development consistent with "rational nexus," "proportionate fair- share" and "rough proportionality " standards embodiect in relevant case law. Calculated fees will not exceed costs reasonably related to facilities needed to accommodate the impacts of new development. In undertaking this calculation; the number of service units generated by various types of development will be determined for each facility through preparation of demand generation schedules. (S) The net cost per service unit will be calculated. This calculation will include consideration of appropriate revenue dunaanlassockrtes credits for other revenue sources, like property tax payments used to retire outstanding debt for capital facilities. The resulting net cost per service unit will be used in impact fee calculations to update the impact fee schedule. (6) Applying net local "host per service unit to demand generation schedules will result in the maximum impact fee that may be charged. (7) Finally, the study will include a review of the City's existing impact fee ordinances and recommended amendments to implement the findings of the study. Deliverable: Draft Impact Fee Study /Ordinance TASK 3: LOCAL REVIEW MEETING One week after delivery of the draft study, Consultant will schedule a meeting with City staff to present the findings of the study and proposed ordinance revisions, answer questions about the drafts and receive local input. Deliverable: Local Review Meeting (2 Person -Days) TASK 4: FINAL STUDY /ORDINANCE Following receipt of City staff comments, Consultant will make any necessary revisions and prepare final version of the impact fee study and implementing ordinance amendments. The documents will be delivered in both original copy and magnetic disk formats, along with supporting spreadsheets. Deliverable: Final Impact Fee Study /Ordinance TASK 5: FINAL PRESENTATION Following completion of final work products, Consultant will present the findings of the project to the City Council. Deliverable: Final Presentation (I Person -Day) &/■ •wi+Mra Iirccn�Irvicc WORK SCHEDULE The above Scope of Services envisions completion of all five tasks, including local review and comment, by December 30, 1999. The schedule assumes that the Council approves the contract on October 7, that the organizational meeting will be held two weeks later, and that the local review meeting and final presentation are scheduled one week after delivery of the draft and final work products. Due to the compressed nature of this time schedule, it will be necessary for the City to provide required data and review task products in a timely manner. Delays in the provision of data or scheduling of local meetings will require reconsideration of this schedule. The project schedule is illustrated in the following flow chart. Task I: Project Organization 2: Draft Impact Fee Study /Ordi 3: Local Review Meeting 4: Final Impact Fee Study /Ordinance S: Final Presentation I Oct I Nov I Dec ♦ = deliverable work product * = meeting/public presentation duncaniassociates N FEE SCHEDULE The total fee for professional services described in the Scope of Services is $21,860. This lump -sum amount includes all direct and indirect expenses incurred by Consultant in performing the services described in the scope of services, including up to five person -trips by Consultant to the City to attend meetings and hearings. A breakdown of the total project fee by task is presented below. Task Fee Task 1: Project Organization/Data Collection $2,640 Task 2: Draft Impact Fee Study $11,400 Task 3: Local Review Meeting $2,640 Task 4: Final Study $3,800 Task 5: Final Presentation $1,380 Total Project $21,860 Additional person -trips by Consultant to the City, if necessary and beyond those described in "Exhibit A ", shall be charged to the City at actual time and expenses. Additional services beyond those specified in the scope of services will be negotiated separately or billed on a time plus expense basis. Our hourly rates are $110 for Jim Duncan, $125 for Eric Damian Kelly and $90 per hour for Clancy Mullen and Marty Hodgkins. Billable expenses are limited to travel costs, including airfare, hotel, meals, rental car, gas and parking. Normal office expenses, including express mail and long distance telephone costs, are included in our hourly rates. I k, dunaanlasmiates James B. Duncan, FmcP President Mr. Duncan, a past president of the American Planning Association, is oie of the nation's leading urban planning and growth management practitioners. His career as a city planner has spanned almost four decades of service to mo%e than 150 cities, counties, regions and states throughout the nation. During his career, he has also held several key public sector positions, including director of land development services for the City of Austin; director of growth management for the City of Hollywood, Florida; director of development management for Broward County, Florida; and chief of local plan, ning services for Dade County, Florida. Throughout his career, Mr. Duncan has focused his primary interests and energies on the development of innovative growth management techniques, the streamlining of land -use controls and the advancement of development impact assessment methodologies. He has prepared a series of award- winning comprehensive plans and development codes thAt were honored by the Florida, Texas and Louisiana Chapters of the American Planning Association. Mr. Duncan served as a growth management advisor to two Florida Governors, co -wrote the nation's first state impact fee enabling act (Texas), prepared one of the first comprehensive plans to embody the dual concepts of consistency and concurrency, and introduced many user - friendly, easy -find techniques to simplify regulations. For APA, Mr. Duncan has also served as vice -chair of its Chapter Presidents Council, as president of its Florida chapter, as professional development liasion of its Texas chapter, and as a member of its national governance committee. Mr. Duncan is the co- author of the best- selling APA publication, GROWTH MANAGEMENT PRINCIPLES AND PRACTICES, and a frequent conference speaker on growth management, land -use regulations, infrastructure financing and impact fees. While in south Florida, he also served as an adjunct professor of city planning at Florida Atlantic University; and as vice chair of the planning and zoning board and chair of the code enforcement board for the City of Davie. Education: M.S. Regional and City Planning, 1965 UNrvERSRY OF OnMOMA BA journalism and Political Science! 1961 UNNERsrry OF TExAs AT AUSTIN Certification: American Institute of Certified Planners ' .......................................................... ......... ............,.................. dunmmnIassociates Eric Damian Kelly, EsQ., FAICP Vice - President Dr. Kelly, one of the nation's foremost land -use attorneys and growth management specialists, and a noted specialist in the areas of sign regulations and zoning enforcement. A long -time informal associate of Duncan Associates, he formally joined the firm as an officer and shareholder in 1999. He is a former dean of the College of Architecture and Urban Planning at Ball State, where he still teaches several urban planning courses, while engaging in an active consultant role with Duncan Associates. Dr. Kelly has personally drafted sign controls for numerous cities, including current assignments for Cary, North Carolina and Fort Lauderdale, Florida. He also recently completed a detailed study of sexually- oriented businesses for Kansas City, including an analysis of ordinances in 20 other cities and counties. He first participated in drafting development regulations as vice president of a Philadelphia firm that developed the innovative "Impact Zoning" concept during the early 1970s. He then went on to establish his own land use law firm in Colorado in 1976 and operated it until 1990, when he accepted a full -time faculty position at Iowa State University. He has prepared new land -use controls for local governments in over 25 states and has conducted many training sessions for public officials. Dr. Kelly is general editor of the I 0- volume Matthew Bender series on ZONING AND LAND USE CONTROLS. Other publications include MANAGING COMMUr�,ay GROWTH (Preager, 1993), the "Zoning' chapter in the ICMA'Planner's Greenbook;" Planning Advisory Service reports on zoning enforcement and adequate public facilities; and numerous articles on growth management. He is the author of recent articles on the "taking" issue and the treatment of cellular towers and satellite dishes under local ordinances. Dr. Kelly received the Colorado APA chapter's award for "Outstanding Service and Educational Leadership" in 1989, and the University of Pennsylvania listed him among its "100 Graduates Who; Epitomize Our Future." He, like long -time friend and colleague Jirh Duncan, is one of 46 people selected as the first members of the College of Fellows of the American Institute of Certified Planners (FAICP). Education: Ph.D. in Public Policy, 1992 THE UNION INSTITUTE )uris Doctor and Master of City Planning, 1975 UNIVERSITY OF PENNSYLVANIA B.A. in political economy, 1969 WILLIAMS COLLEGE Affiliations: American Bar Association College of Fellows, American Institute ofd Certified Planners '•• ....................................................................... ............................... Ar.wwsr,Ineenni�ce Clancy J. Mullen, AICP Associate aS,ti �I Since joining Duncan Associates in 1989, Mr. Mullen has prepared infrastructure financing studies and development impact fees systems for cities and counties throughout the nation. Mr. Mullen was the principal author of impact fee studies for Colorado Springs, Commerce City, Adams Count and Larimer County, Colorado; Lee County, Dade County and Orange County, Florida; Atlanta, Columbus and Gwinnett County, Georgia; the State of Hawaii; Boise /Ada County, Idaho; Minneapolis/St. Paul Metropolitan Council, Minnesota; Kansas City, Missouri; Bozeman and Gallatin County, Montana; Reno/ Washoe County, Nevada; Albuquerque, Ruidoso, Bemalillo County and No Rancho, New Mexico; Cary, North Carolina; Hilton Head Island, South Carolina; Franklin and White House, Tennessee; Flower Mound, Denton, Georgetown and College Station, Texas; and West Valley City and Sandy City, Utah. In addition, Mr. Mullen has also prepared studies which examined alternative infrastructure financing techniques for the State of Florida; Montgomery County, Maryland; Greeley, Colorado; Sugar Land, Texas; and Charlotte/Mecklenburg County, North Carolina. Mr. Mullen has revised zoning ordinances and land development regulations for cities and counties in Arkansas, Florida, Louisiana, Mississippi, Tennessee and Texas. He was also involved in the preparation of growth management technique reports for the Puget Sound Council of Governments (Seattle) in Washington and the Alamo Area Council of Governments (San Antonio) in Texas. Mr. Mullen has considerable expertise in the areaslof demography, h%ning, employment, and fiscal research and modeling techniques. He has experience in data base creation and management in both mainframe and personal computer environments, and has participated in research dealing with impact assessment and regional housing demand. Education: M.S. Community and Regional Planning, 1988 UNIVERSrry OF TEXAS AT AUSTIN B.S. Sociology, 1978 UNNERSnY OF HoussrON Certifications: American Institute of Certified Planners I duncarklassociates I L. Martin Hodgkins, Jr. AICP Director, Florida Office Mr. Hodgkins, director of the Florida office of Duncan Associates, is a highly regarded urban planner with almost 20 years of experience serving the planning and growth management needs of Florida cities and counties. From 1994 to 1998, Mr. Hodgkins served as director of zoning for Palm Beach County, where he managed a 38- member division with an annual budget of $3.8 million. His principal accomplishments with the County included reducing review time for development processing; major changes to land development regulations, including expansion of urban agricultural uses, implementation of a 15,000 acre Agricultural Reserve District, consideration of architectural and design standards for nonresidential construction, extensive landscape code revisions, communications tower ordinance revisions, and implementation of a Turnpike Aquifer Protection Overlay district; updating public school site development review; and increasing consistency between land development regulations and the comprehensive plan. Prior to joining Palm Beach County, Mr. Hodgkins was director of community development for the Town of Jupiter, where he supervised a 35- person staff that was responsible for all planning, zoning, building and code enforcement functions. While with Jupiter, he updated the Town's comprehensive plan; revised its land development regulations, including signs, landscaping, environmental and overlay district provisions; and introduced major development review processing improvements. Prior to his Jupiter position, Mr. Hodgkins was current planning coordinator and comprehensive .planner for the City of West Palm Beach. Mr. Hodgkins is the current vice- president of the Florida Chapter of the American Planning Association and previously was secretary of the organization. He has also served as chair of the Treasure Coast Section of Florida APA and as president of the Palm Beach County Planning Congress. In addition, he was an appointed member of the planning and zoning board for his hometown of Juno Beach. .................................................................... ............................... Education: M.S. Regional,and City Planning, 1977 FLORIDA STATE UNrvERsrrY B.S. History, 1969 FLORIDA STATE UNIVERSITY Certifications: American Institute of Certified Planners duncanlassoclates PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable I ( ) Individual ( ) Partnership ( x ) Corporation ( ) Other (Specify) Name of Organization James Duncan and Associates, Inc. (Or Individual) Address 13276 Research,Blvd, Ste. 208 City Austin State TX Telephone Number , (512) 258 -7347 Tax I.D. # 74- 2862552 Business Address 1,3276 Research Blvd., Ste. 208 City Austin State Texas Zip Code 78750 Organized Date 1987 Proposer's Representative James B. Duncan Title President Proposed Total Fee to Provide Requested Services $ _ $21,860 Prices set forth above are firm proposals and are not subject to price adjustment except as defined in the General and Technical Specifications. Addenda received: ATTEST: Y v / Clancy_ Mullen, AICP Signature Associate Title September 1, 1999 Date (Corporate Seal) P OSER ,� > „• James B. Duncan, FAICP ature President Title September 1, 1999 Date 1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 10/01/99 Meeting Date: 10/07/99 Subject/Agenda Item Award of contract to provide banking services Recommendation /Motion: Staff recommends awarding a contract to Republic Security Bank for banking services. Reviewed by: Originating Dept.: Costs: $ 665.58 Council Action: (Monthly Total) City Attorney Finance [ ] Approved $ 8,000 [ ] Approved w/ Finance Current FY conditions [ ] Denied Advertised: ACM J \x Funding Source: g [ ]Continued to: Attachments: Date: August 9, 1999 [ x] Operating Other Paper: Palm Beach Post [ ] Not Required [ ] Other Memorandum Submitted by: Kent R. Olson KRO I Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None i Approved by: City Manager [ X ] Not required BACKGROUND: See attached memorandum. MEMORANDUM TO Bobbie Herakovich, City MInager FROM Kent R. Olson, Finance Director K ?� SUBJECT : Banking Services Request for Proposals DATE October 1, 1999 BACKGROUND In 1994, the City requested proposals for banking services. The City awarded the contract to Barnett Bank for a three year term, with an option to extend the term for an additional two years. The City extended the banking services contract with Barnett through October 31, 1999, in July 1997. Shortly thereafter, Barnett Bank was acquired by NationsBank, which has honored our previous , contract. In preparation for the end of the contract, the City requested proposals for banking services from every financial institution with a branch in the City on August 9, 1999 and opened proposals on September 9. DISCUSSION The City received a total of seven proposals. These proposals and their proposed monthly service costs are shown below. Bank Monthly Costs Republic Security $ 665.58 Community Savings 1,023.98 Fidelity Federal 1,085.10 NationsBank 1,151.65 SunTrust 1,367.90 Wachovia 1,415.80 First Union 1,536.26 As you can see, Republic Security provided the lowest monthly costs for the banking services requested. Republic Security offers the same services the City receives currently with NationsBank and is q .bite capable of meeting Qur banking requirements. RECOMMENDATION I recommend that the City accept the banking services proposal from Republic Security Bank and authorize the Mayor to sign a contract with same. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 10/04/99 Meeting Date: 10/07/99 Subject/Agenda Item Award of contract for the purchase and installation of furniture for the Municipal Complex. Recommendation /Motion: Staff recommends awarding a contract to Office Products and Services in the amount of $254,756.02 for the purchase- and - installation of furniture -at -the Municipal Complex. Reviewed by: Originating Dept.: Costs: $ 254,756.02 Council Action: (Total) City Attorney Finance [ ] Approved $ 273,000 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding ource: g [ ] Continued to: Attachments: Date: September 7, 1999 [ ]Operating Other Paper: Palm Beach Post [ X ] Other - Bond Memorandum [ ] Not Required Proceeds Submitted by: Kent R. Olson K RO Department Director Affected parties [ ] Notified Budget Acct. #: 23- 0900 - 519.6200 [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: See attached memorandum. I MEMORANDUM TO Bobbie Herakovich, City Manager FROM Kent R. Olson, Finance Director I< RU SUBJECT : Furniture for Municipal Complex DATE October 4, 1999 BACKGROUND The City advertised for proposals on September 7 to provide and install furniture for the new Municipal Complex. The City received a total of four proposals which were opened on September 28. DISCUSSION The City's interior design consultant, Susan Bardin of Peacock and Lewis, has reviewed and analyzed the furniture proposals as per the attached memorandum. The firms and their proposed costs are shown below. Company Fee CDI Total Office Furniture $157,298.71 Office Products and Services $254,756.02 Sun Office Furniture $256,120.96 BT Office Products $283,747.67 CDI's proposal did not include much of the furniture requested, and overall was not competitive on the pieces for which they submitted a proposal. Sun Office Furniture was very close, but they did not submit a financial statement as required in the RFP. Office Products and Services did submit a complete proposal and is the lowest responsible proposer, therefore Ms. Bardin recommends the City accept the proposal from Office Products and Services in the amount of $254,756.02. RECOMMENDATION Staff recommends awarding a contract to Office Products and Services in the amount of $254,756.02 for the purchase and installation of furniture at the Municipal Complex and authorizing the Mayor to sign a contract with same. Oct -04 -99 12:32P Armin L.Wessel Assoc 561 7474184 VIAC OCK + LEWIS CITY OF PALM BEACH GARDENS PROPOSALS FOR FURNITURE FURNISH AND INSTALLATION SERVICES P+L Project # 39 -002 October 4, 1999 Four (4) proposals were received in response to the Request for Proposal. P -02 Office Products and Services, Inc. of Ft. Pierce, Florida submitted a base bid of $ 264,331.24 with specified items ex .-ept as noted below. Office'Products & Services, Inc. Bid Price $ 264,331.24 W$ -1 Add Panels & Connectors $ 564.66 WS-4 Add Panels & Connectors $ 243.92 C -1 Missing 1 $ 1,558,95 C -2 Over 1 ($ 194.00) C -3 Over 20 ($ 4,135.60) C-4 Over ;14 ($ 10,214.46) C -5 Add 213 $ 4,368.00 C -7 Missing 1 $ 193.01 D-6 Over 'I ($ 545.57) T -7 Over 41 ($ 250,12) T -10 Delete, 6 from bid. ($ 1,163.99) $ 254,756.02 Alternate T -10 not accepted. Alternate CS-1 accepted. The alternate product evaluation forms, workstation drawings, and the financial statement were attached as requested in the RFP. Peacock + Lewis and staff recommend awarding the contract to Office Products and Services, Inc. for $ 254,756.02. Peacock + Lewis recommends that the T -10 Table be purchased directly by the City of Palm Beach Gardens. Oct -04 -99 12:32P Armin L.Wessel Assoc 561 7474184 P.03 11ACOCK + i rests CITY OF PALM BEACH GARDENS PROPOSALS FOR FURNITURE FURNISH AND INSTALLATION SERVICES P+L Project* 39-002 October 4, 1999 COMPARISON EVA,t,UATION: 4 Bidders 1. Col $ 157,298.71 Incomplete submittal, missing products and incomplete substitution information. 2. Sun Office Furniture $ 253,065.15 T -10 Delete for Comparison ($ 348.88) A -2 Missing 2 $ 698.82 B-1 Missing 1 $ 41.83 T -7 Over 1 ($ 73.94) T -3 Missing 1 $ 114.92 CR -1 Missing 1 $ 850.49 T -1 Over 1 ($ 2,026.74) T -2 Over 1 ($ 993.30) C-4 Over 22 ($ 4,749.80) C -3 Over 4 ($ 1,003-83) C -2 Missing 5 $ 1,174.55 T -11 Missing 3 $ 780.78 BD -1 $ 3,149.81 T -12 Add 7 $ 1,207.22 C -5 Add 28 $ 4,233.88 $ 256,120.96 Alternate CS -1 accepted. Alternate T-6 accepted. 3. Office Products & Services, Inc. $ 264,331.24. WS-1 $ 584.66 WS -4 $ 243.92 C -1 Missing 1 $ 1,558.95 C -2 Over 1 ($ 194.00) C -3 Over 20 ($ 4,135.60) CA Over 34 ($ 10,214.48) C -5 Add 26 $ 4,368.00 C -7 Missing 1 $ 193.01 D-6 Over 1 ($ 545.57) T4 Over 4 ($ 250.12) T -10 Delete 6 trorn bid. ($ 1,163.99) $ 254,756.02 Alternate T -10 not accepted. Alternate CS-11 accepted. Oct -04 -99 12:33P Ar coin L . Wessel Assoc 561 7474184 P.04 Pr.A(:O('K + 1 rwis October 4, 1999 Comparison Evaluation (continued) Page 2 4. ST Office Products Alternate C -1 .accepted. Alternate T -10 not accepted. Alternate A -1 not accepted. Alternate A -2 not accepted. Alternate 1313-1 accepted only it it includes metal frame. Alternate C -7 not accepted. Alternate T -9 not accepted. $ 253,747.67 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 10/04/99 Meeting Date: 10/07/99 Subject/Agenda Item Award of contract for the purchase and installation of carpeting for the Police Station and City Hall. Recommendation /Motion: Staff recommends awarding a contract to Jack Walsh Carpets and Rugs, Inc. in the ._am unt_of$$2,D72for.the _pur_chase-and _installation of carpeting at the Police Station and City Hall. Reviewed by: Originating Dept.: Costs: $ 82,072 Council Action: (Total) City Attorney Finance [ ] Approved $ 130,000 [ ] Approved w/ Finance Current FY conditions [ ]Denied Advertised: ACM Fundin Source: g [ ]Continued to: Attachments: Date: September 20, [ ]Operating Other 1999 [ X ] Other - Bond Paper: Palm Beach Post [ ] Not Required Proceeds Memorandum Submitted by: Kent R. Olson k10 Department Director Affected parties [ ] Notified Budget Acct. #: 23- 0900 - 519.6200 [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: See attached memorandum. MEMORANDUM TO Bobbie Herakovich, City Manager FROM Kent R. Olson, Finance DirectorKo SUBJECT Carpeting for Police Station and City Hall DATE October 4, 1999 BACKGROUND The City advertised for proposals on September 20 to purchase and install carpeting at the new Police Station and City Hall. The City received a total of five proposals which were opened on September 30. r_ DISCUSSION The City's interior design consultant, Susan Bardin of Peacock and Lewis, has reviewed the proposals as indicated on the attached memorandum. The firms and their proposed costs are shown below. Company Fee Jack Walsh Carpets $ 82,072 Shaw Contract Flooring $ 82,689 Duffy and Lee Carpet $ 94,135 Continental Flooring $111,850 American Tile and Carpet $128,972 Ms. Bardin recommends the City accept the proposal from Jack Walsh Carpets for the purchase and installation of carpeting at the Police Station and City Hall. RECOMMENDATION Staff recommends awarding a contract to Jack Walsh Carpets in the amount of $82,072 for the purchase and installation of carpeting at the Police Station and City Hall and authorizing the Mayor to sign a contract with same. ct -04 -99 12:41P Armin L_Wessel Assoc 1'tA('O( :K -i 11 VVIS 561 7474184 P_01 CITY OF PALM BEACH GARDENS PROPOSALS FOR CARPET FURNISH INSTALLATION SERVICES FOR CITY HALL AND POLICE STATION P +L Project #. 39-002 October 4, 1999 _.Four (4) proposals were received in response to the Request for Proposal. - - — - - The low bidder was Jack Walsh Carpets & Rugs, Inc., submitted at $ 82,072.00 for the specified product_ No alternates were submitted. Carpet 1 Shaw Contract Duchene 26 oz. Broadloom carpets and Carpet 2 Shaw Contract Jekyll 26 oz. Broadloom carpet Installation is glue down, per the construction documents. Vinyl base is not included-in this proposal. Peacock + Lewis and staff recommend awarding the contract to Jack Walsh Carpets & Rugs, Inc. for $ 82,072.00. 39002prop3.pl CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 1999 The September 16, 1999, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened w�,ith the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman David Clark, Councilman Eric Jablin, and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. CITY MANAGER REPORT Mayor Russo thanked the employees for their efforts in preparing for the hurricane. City Manager Herakovich announced that FEMA would reimburse the City for hurricane preparation' expenditures. Mayor Russo requested that a letter be written to Palm Beach County to request additional shelters, and expressed concern that evacuation coordination was needed . The City Manager reported that SFWMD had opened flood gates early and thanked them for their attention to the City. Meetings with consultants Slavin and Bidol were discussed. Vice Mayor Furtado asked that the City Manager send a letter to the Turnpike Authority to request that the next planning process meeting for the turnpike interchange not be scheduled for a night when there was a City Council meeting so that all of the City Council could attend. Mayor Russo advised he had not attended the meeting in Washington with Pratt Whitney because they did not want to meet with local officials. Mayor Russo announced that a meeting with Larry Pelton and major landholders WCI, Catalfumo, Bills, and DiVosta was planned to discuss direction for the Economic Advisory Group in Northern Palm Beach County. AWARDING OF BIDS City Sign Funding for the City's Sign was discussed. Councilman Clark proposed using the approved design only at key entrances to the CITY COUNCIL REGULAR MEETING, 9/16/99 2 City with the same design carried through on a smaller scale for other entrances. It was the consensus of the City Council to submit the design to a sign company for new specifications and price proposal. Councilman Jablin made a motion to reject all bids for the City Sign. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Property, Casualty and Workers Compensation Insurance Councilman Clark made a motion to approve the staff recommendation to award the bid for Property, Casualty, and Workers Compensation insurance to Florida League of Cities in the amount of $795,488 annually. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Bank Loan Councilman Clark made a motion to approve the staff recommendation to award the bid for a bank loan to fund Tennis Center improvements to Fidelity Federal Savings Bank at a fixed interest rate of 4.70% and a total of $196,610 per year for seven years. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. COMMENTS FROM THE PUBLIC Grant King Grant King, 631 Riverside Drive, requested a meeting for a new proposal for cleaning the canals. Mr. King was advised that the new proposal would be evaluated by staff and that an expert on dredging who had volunteered his time would be looking at the canals and providing his expertise. The evaluation report was anticipated by the next City Council meeting. i Sam Carsillo Sam Carsillo commented regarding speeding on Military Trail, discussed the danger of speeding cars to residents going to mailboxes, and recommended a speed limit of 35 miles per hour. Mr. Carsillo commented that people were needed as school crossing guards rather than using police. The City Manager explained that recruitment efforts to obtain crossing guards were continuing. The City Manager also advised that with permission of the post office mailboxes could be moved from the street to the. house. Mr. Carsillo commented residents should pay for additional fire, police and public works substations. Mayor Russo explained that a fire and police impact fee had been in effect for the past six years. Mr. Carsillo requested more Code Enforcement. CITY COUNCIL REGULAR MEETING, 9/16/99 3 Zola Hartman Mrs. Hartman thanked the City Council for working with residents on the canal situation, requested information on silt and water quality, and questioned whether noise pollution and air quality because of the lack of trees had been considered. Mrs. Hartman requested that the members of the City Council speak to the truck drivers who wanted the soil which was removed from the canals for nurseries, and commented that the soil was excellent for growing plants and tl�,at the nurseries would really like to have it, solving the problem of how to get rid of it. Mrs. Hartman urged the City Council to consider the dredging proposal that had been presented by the residents. CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. Councilman Jablin seconded the motion. The following items were approved on the Consent Agenda: 1. Approval of Minutes from 8/19/99 City Council Regular Meeting. 2. Approval of Minutes from 8/23/99 City Council Workshop. 3. Approval of Minutes from 9/2/99 City Council Regular Meeting. i 4. Resolution 111, 1999 - Consideration of Approval of Disposable Assets. ,r 5. Resolution 112, 1999 - Consideration of 'Approval of Authorization to Issue a Note in the Amount of, $1,149,933. 6. Awarding of Contract for Fire Rescue EMS Mdical Director PUBLIC HEARINGS Resolution 72, 1999 Mayor Russo declared the Public Hearing open, held on the intent of Consideration of Approval of a Sign Variance for Gardens Park Plaza, duly advertised 6/7/99; postponed from the 6/17/99, 7/15/99, and 8/19/99 Regular Meetings. There were no comments from the public. Councilman Clark made a motion to continue the Public Hearing for Resolution 72, 1999 to the 10/7/99 meeting. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 33, 1999 Mayor Russo declared the Public Hearing open, held on the intent of Ordinance 33, 1999 - Providing for an Amendment to the Comprehensive Plan of the City of Palm Beach Gardens by Changing the Lane Use Designation on .33 Acres of Land Located South of Idlewild Drive and 1/4 Mile East of Prosperity Farms it CITY COUNCIL REGULAR MEETING, 9/16/99 4 Road Palm Beach County Low Residential Medium (RM); Providing for Transmittal to the Department of Community Affairs - duly advertised 9/21/99 for Consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Ordinance 33, 1999 on Second Reading by Title Only. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 33, 1999 on Second Reading by Title Only. Ordinance 34, 1999 Mayor Russo declared the Public Hearing open, held on the intent of Ordinance 34, 1999 - Amending Ordinance 30, 1990 Which Approved a Conditional Use, to Allow an Increase in the Maximum Occupancy at the Site Known as "Christ Fellowship" Which is Generally Located on $he South Side of Northlake Boulevard West of Military Trail, and to Amend the Approved Use of the Residence Building to a Youth Center, duly advertised 8/5/99 for Consideration of Second and Final Reading and Adoption. Staff recommended that Resolution 86, 1999 - Consideration of Approval of a Site Plan to Existing Christ Fellowship Church for Existing Second Story, Additional Parking, Time Extension for Existing Modular Units, Ground Sign and Other Site Plan Amendments be considered along with Ordinance 34, 1999. Alan Ciklin, representative for the Petitioner, made comments on behalf of the Petitioner. Resident Marilyn Jacobs expressed her opinion that residents and churches should be treated equally with regard to Code Enforcement, and stated her concern regarding increasing capacity of the church. Resident Joan Altwater requested additional information from Mr. Ciklin regarding comments he had made and commented regarding duplication of services, possible hazards from inadequate septic tank, parking and traffic concerns, and television transmission of services to the other buildings. Ms. Altwater was requested to provide a copy of her report to staff. Resident Bob Kaplan expressed parking concerns, concern for a double standard where the City was now being asked to condone behavior that would not be tolerated of residents. Kathy Barton, resident in Horseshoe Acres requested that the petitioner not be able to increase the capacity of their facility and be held to the same code as all other petitioners. Ken Coleman reported he had lived in Steeplechase 15 -1/2 years and the people there were more concerned with their roadways than with the church expansion and its activities. Craig Cope, PGA National resident, addressed a letter CITY COUNCIL REGULAR MEETING, 9/16/99 ; 5 to the City from Sirq,�DeGasperis and stated he and some of his neighbors had not been a part of the survey referred to in that letter; and stated he was in favor of the church's petition and was thrilled that the church had a place for young people to hang out. Dr. Scott Metlis, PGA National resident, commented that the issue was the impact on residents, that traffic should not be stopped to accommodate a church, that the church was not currently a good neighbor, and expressed his opinion that this petition should be rejected or considered only after the new facility had been occupied. The President of the Hunt Club spoke against increasing the capacity. Ms. Singer, resident of Steeplechase, spoke against increasing the church capacity. Hearing no further comments from the public, Mayor Russo declared the Public Hearing closed. Staff responded to questions from members of the City Council. Discussion ensued. Councilman Jablin and Councilman Clark recommended that the City Council set a figure for the south campus of 400 seats and not tie the seats to parking.. The position of the other members of the City Council was that the applicant had met all of the conditions. Vice Mayor Furtado made a motion to approve Ordinance 34, 1999 on Second Reading by title only and for adoption. Councilman Sabatello seconded the motion, which carried 3 -2 with Councilman Jablin and Councilman Clark voting against the motion. The City Clerk read Ordinance 34, 1999 on Second Reading by title only. Re -Order Agenda Councilman Clark made a motion to re -order the agenda to next consider Resolution 86, 1999, after Ordinance 34, 1999 and before Ordinance 36, 1999. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 86, 1999 Staff presented Resolution 86, 1999 - Consideration of Approval of a Site Plan to Existing Christ Fellowship Church for Existing Second Story, Additional Parking, Time Extension for Existing Modular Units, Ground Sign and Other Site Plan Amendments. It was noted for the record that all comments made during consideration of Ordinance 34, 1999 were incorporated into consideration of Resolution 86, 1999. Councilman Sabatello expressed concern with traffic flow at the western entrance /exit as it was presently configured. Petitioner was given direction to reconfigure the intersection and then bring back the site plan for Council consideration. CITY COUNCIL REGULAR MEETING, 9/16/99 D Ordinance 36, 1999 Mayor Russo declared the Public Hearing open, held on the intent of Ordinance 36, 1999 - Providing for an Amendment to the Comprehensive Plan of the City of Palm Beach Gardens by Changing the Land Use Designation of 8 Acres of Land Located North of Northlake Boulevard and East of Howell Lane from Recreation and Open Space to Public/Institutional Land Use; Providing for Transmittal to the Department of Community Affairs - duly advertised 9/1/99, for Consideration of Second Reading and Final Adoption. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado made a motion to approve Ordinance 36, 1999 on Second Reading by title only and for adoption. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 36, 1999 on Second Reading by title only. Ordinance 37, 1999 Mayor Russo declared the Public Hearing open, held on the intent of Ordinance 37, 1999 - Providing for Amendment to Article III of the Palm Beach Gardens Code of Ordinances Entitled "Police Officers Retirement Trust Fund" - duly advertised 9/1/99, for Consideration of Second Reading and Final Adoption. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Ordinance 36, 1999 on Second Reading by title only and for adoption. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 37, 1999 on Second Reading by title only. Ordinance 38, 1999 Mayor Russo declared the Public Hearing open, held on the intent of Ordinance 38, 1999 - Providing for the Regulation of the Presence of Minors in Certain Public Places and Establishments During Certain Hours, Providing Definitions; Providing for Procedures for Taking Minors into Custody; Providing for Legal Duty of Parents; Providing Exceptions; Providing for Penalties for Violations of this Ordinance by Minors and/or Parents - duly advertised 9/1/99 for Consideration of Second Reading and Final Adoption. Hearing no comments from the public, Mayor Russo - _ 0 CITY COUNCIL REGULAR MEETING, 9/16/99 declared the Public Hearing closed. 7 Vice Mayor Furtado made a motion to approve Amendment One to Ordinance 38, 1999. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. Vice Mayor Furtado made a motion to approve Ordinance 38, 1999 on Second Reading by title Only and for adoption:, Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 38, 1999 on Second Reading by title only. PGA National DRI Change Mayor Russo declared the Public Hearing open, held on the intent of Notice of Proposed Change for the PGA National Resort Community DRI (Use Conversion) Determination of Substantial Deviation - duly advertised 9/1/99. Staff recm omended a determination that the proposed changes did not constitute a substantial deviation. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve the staff recommendation to determine that the proposed changes did not constitute a substantial deviation. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote, with Councilman Sabatello out of the room. Ordinance 44, 1999 Mayor Russo declared the Public Hearing open, held on the intent of Ordinance 44, 1999 - Providing for Affixing a total Valuation of the Real and Personal property located within the corporate limits of the City for the Year Ending 12/31/99; Establishing a Tax Rate Thereon for Said Year; Adopting a Fiscal Budget for the Year Beginning on 10/1/99 and Ending on 9/30/00, Inclusive; Appropriating Funds for Expenditures in Accordance with Said Budget - duly advertised for First Public Hearing by Tax Collector notification, for consideration of First Reading. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Jablin made a motion to adopt a millage rate of 3.9404 mills. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. Councilman Jablin made a motion to adopt a tentatiVI e budget for CITY COUNCIL REGULAR MEETING, 9/16/99 RESOLUTIONS E1' the City of $43,554,737. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. Councilman Jablin mV, e a motion to place Ordinance 44, 1999 on First Reading by Title Only with the text in Section 2 to read: For the year ending December 31, 1999, a tax of 4.3497 mills on each dollar valuation (representing a total of 3.9404 for current operations and .4093 for voted debt service) shall be and is hereby levied for the City of Palm Beach Gardens, Florida, etc. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 44, 1999 on First Reading by title only. Resolution 95, 1999 Staff and Petitioner provided presentations regarding Resolution 95, 1999 - Consideration of Approval of Peter Pan School Time Extension. Councilman Clark moved approval of Resolution 95, 1999. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 103, 1999 Staff provided a presentation for Resolution 103, 1999 - Consideration of Approval of BallenIsles Sales Center Time Extension. Councilman Clark moved approval of Resolution 103, 1999. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 109, 1999 Councilman Clark moved approval of Resolution 109, 1999, Consideration of Approval of an Appointment of One Member to the Beautification and Environmental Committee, with the name Donna M Wisneski inserted into the blank in Section I. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 110, 1999 Vice Mayor Furtado moved approval of Resolution 110, 1999, Consideration of Approval of an Appointment of Four Members to the Parks and Recreation Advisory Board, with the names Charles Torrey and Jim H. Maynor in Section 1 and Christopher Holmes and Bette Bates in S6'btion 2. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. CITY COUNCIL REGULAR MEETING, 9/16/99 9 Resolution 113, 1999 Councilman Jablin moved approval of Resolution 113, 1999 - Consideration of Approval of an Appointment to the Loxahatchee River Management Coordinating Council, with the name David Clark inserted in Section 1. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. City Birthday Party Report Recreation Director Sue Miller provided a report on the status of preparations for the City's birthday party. ORDINANCES Ordinance 42, 1999 Councilman Clark made a motion to place Ordinance 42, 1999 on First Reading by Title Only. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Attorney read Ordinance 42, 1999 on First Reading by Title Only. ITEMS FOR DISCUSSION 6 -Laning of PGA Blvd Following a report by the City Engineer, it was the consensus of the City Council to that PGA Boulevard be 4 lanes rather than the proposed 6 lanes going west to the entrance to PGA National at Avenue of the Champions. In -House Engineer Based upon recommendations by Growth Management Director Manning, it was the consensus of the City Council to move forward with an In -House En ineer after the new City Manager was in place, and not to begiA transition activities in advance of that time. Solid Waste RFP An RFB versus an RFP was discussed. It was the consensus of the City Council to obtain information from Palm Beach County regarding their pre - qualification process and franchise fees for C & D roll -offs. ITEMS & REPORTS BY MAYOR & CITY COUNCIL Issues & Priorities The Vice Mayor reported that at the MPO meeting she brought up the widening the Burns Road bridge section without widening the whole road, and that FDOT was to provide a report. The Vice Mayor requested direction as to whether to pursue this issue. It was the consensus of the City Council that the Vice Mayor continue her efforts to get the bridge widened. Councilman Sabatello requested better landscaping and maintenance criteria for the City's medians. It was the consensus of the City Council to place this issue on the issues and priorities list. CITY COUNCIL REGULAR MEETING, 9/16/99 10 The City Manager reported she would set aside a block of time for meeting with consultant Slavin and that a report would be provided by consultant Bidol. CITY COUNCIL REGULAR MEETING, 9/16/99 11 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilman Jablin, carried 5 -0, the meeting was adjourned at 11:10 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA KOSIER, CMC, CITY CLERK PROCLAMATION WHEREAS, November 8', 1999 is the 50`h Anniversary of WORLD TOWN PLANNING DAY; and WHEREAS, November 8`h of each year has been celebrated as World Town Planning Day in many countries since its inception in 1949; and WHEREAS, the American Institute of Certified Planners (AICP) acting for the 11,000 members of the planning profession in America, a component of the 30,000 - member American Planning Association, endorses World Town Planning Day as an opportunity to highlight the contributions sound planning makes to the quality of our settlements and environments and to celebrate American Accomplishments in making collective decisions concerning out cities and regions that bring quality and meaning to our lives; and WHEREAS, the celebration of World Town Planning Day gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the- improvement of the City of Palm Beach Gardens; and WHEREAS, We recognize the many valuable contributions made by professional community and regional planner of the City of Palm Beach Gardens and extend our heartfelt thanks for the continued commitment to public service; NOW, THEREFOO, BE IT RESOLVED, that I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, do hereby declare November 8t' , 1999 as COMMUNITY AND REGIONAL PLANNING DAY 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 7th day of October in the Year of our Lord, Nineteen Hundred and Ninety -Nine. Mayor Joseph R. Russo Attest: Linda V. Kosier, City Clerk PROCLAMATION WHEREAS, violence is among the leading causes of death in America and has replaced disease as the number one killer of children; WHEREAS, violence comes in many forms; sexual violence; youth gang and peer - related violence; family violence; and street violence; WHEREAS, billions of dollars per year are lost to preventable violence- related deaths and injuries and tremendously burden America's health care systems; WHEREAS, the first step toward unraveling the many layers of our nation's violence problems is awareness; WHEREAS, awareness and prevention are the heart of the SAVE program and the cornerstone event, SAVE Today, during which physicians' spouses across the country join efforts to Stop America's Violence Everywhere; WHEREAS, members of the Florida Palm Beach County Medical Alliance will lead the effort to urge local citizens to search for ways we can help SAVE Today for Tomorrow. NOW, THEREFORE, I, Mayor Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim October 13, 1999 as: "SAVE TODAY DAY" in support of the need to educate people and help victims of violence. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 7th day of October in the Year of Our Lord, Nineteen Hundred and Ninety -Nine. i R. Russo, Mayor ST: V. Kosier, City Clerk , CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 7, 1999 Subject/Agenda Item: Resolution 118, 1999 Supporting a four -lane cross - section for PGA Boulevard west of Avenue of the.Champions. Recommendation /Motion: Staff recommends approval of Resolution 118. 1999_ Reviewed bys a P g City Attorney r,vrr y> t � ACM Originating Dept.: Planning Division Costs: $ 0 Total $ 0 Council Action: [ ] Approved [ ] Approved Wicwdai«,s Current FY Other N/A [ ]Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ x ] Not Required [ ] Other N/A Submitted by: Growth Mgt. Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: At its September 26th meeting, the City Council discussed the future cross - section of PGA Boulevard west of Florida's Turnpike. City Engineer, Len Lindahl, reported that the north county traffic study which was conducted using the WCI reduced densities and intensities showed only a need for four lanes west of Avenue of the Champions. (The MPO's 2020 Transportation Plan currently shows this link of PGA Boulevard as a six lane facility.) The Council expressed a desire to maintain PGA Boulevard, west of Avenue of the Champions, as a four -lane cross - section to ensure compatibility with existing PGA National residences. Accordingly, Resolution 118, 1999 has been prepared to express the Council's desire. September 23, 1999 RESOLUTION 118, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING A FOUR -LANE CROSS - SECTION OF PGA BOULEVARD WEST OF AVENUE OF THE CHAMPIONS AND URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION, METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY AND PALM BEACH COUNTY ENGINEERING TO DEPICT THIS SEGMENT OF PGA BOULEVARD AS MAXIMUM FOUR LANES ON ALL TRANSPORTATION OR THOROUGHFARE PLANS AND TRAFFIC MODELS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens acknowledges the need to balance land use compatibilities and transportation needs; WHEREAS, the City has identified a future incompatibility in the potential six - laning of PGA Boulevard with existing residential uses; WHEREAS, the City acknowledges that a modified north county traffic study demonstrates only a need for four lanes on PGA Boulevard west of Avenue of the Champions; WHEREAS, the City desires a lower level of service on this segment of PGA Boulevard versus widening of the roadway beyond four lanes; and WHEREAS, the City believes that state and county plans should be modified to reflect a four -lane cross - section for this segment of PGA Boulevard. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens urges the Florida Department of Transportation, Metropolitan Planning Organization of Palm Beach County and Palm Beach County Engineering to depict PGA Boulevard west of Avenue of the Champions as maximum four lanes on all transportation or thoroughfare plans and traffic models. Section 2. The City Council directs the City Clerk to forward this Resolution to the Florida Department of Transportation, Metropolitan Planning Organization, and Palm Beach County. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS _ DAY OF MAYOR '1999. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: Resolution 118, 1999 Page 2 APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY VOTE: AYE NAY ABSENT COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO _ COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO i RESOLUTION 126, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PLAT OF BALLENISLES GOLF COURSE; AUTHORIZATION TO EXECUTE THE MYLAR OF SUCH PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Plat of BallenIsles Golf Course; WHEREAS, the City Engineer has determined that the proposed plat meets a]7 of the technical requirements-of the City Land Development Regulations and Chapter 177, F.S., and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The plat of BallenIsles Golf Course consisting of five (5) sheets dated March, 1999, prepared by Keshavarz & Associates., attached hereto as Exhibit "A ", is hereby approved. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of such Plat. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER, 1999. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO Approved as to Form and Legal Sufficiency. City Attorney AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: October 7, 1999 Subject/Agenda Item: Petition VAR- 99 -02, sign variance application for Gardens Park Plaza ground signs. The site is located at the southeast corner of Northlake Boulevard and Military Trail. (24- 42S -42E) Recommendation /Motion: Staff is recommending approval of Resolution 72, 1999. Reviewed by: Originating Dept.: Costs: $_0 Council Action: p A--P Total City Attorney (, Growth Management [ ] Approved Department Finance N/A O [ ]Approved w /conditions ACM oj��$ Current FY [ ]Denied Human Res. N/A Advertised: Other N/A Funding Source: [ ] Continued to: Attachments: - Date: May 5, 1999 [ ] Operating Paper: Palm Beach Post [ ] Other N/A September 9, 1999 petitioner letter [ ] Not Required Memo from City Attorney Submitted by: Growth Management Affected parties Budget Acct. #:: Department [ X ] Notified [ ] None Approved by: City Manager [ ] Not required BACKGROUND: This hearing was continued from the July 1 st meeting, at which time it was the consensus of Council that the petitioner had not established sufficient justification to grant the variances. Patrick Koenig, applicant, is petitioning the City Council for a sign variance to legitimize the five (5) existing ground signs located in front of the Gardens Park Plaza Shopping Center. The petitioner is proposing a 'condition of approval' which will require the five ground signs to be uniform in character and design. The three `outparcel' signs (R.J. Gators, First Union and Washington Mutual) would be replaced over time to comply with the signage program. The petitioner states that the tenants cannot be forced to comply, but they will be encouraged to change their existing signage. The Washington Mutual sign is dimensionally nonconforming and must be replaced or removed by January, 2000, therefore, one of the 'outparcel' signs can be expected to comply within the next three months. Agenda Cover Memorandum Petition VAR -99-02 Page 2 October 7, 1999 The shopping center's signs have been determined by staff to be non - conforming due to the fact that the right -of -way frontage allows for only three (3) ground signs per code. Five ground signs would require that the property have 3,100 feet of right -of -way frontage, while the petitioner has only 2,300 feet of right -of -way frontage. The signs were constructed to advertise various businesses on -site, both within the "main -line" shopping center and three of the "out- parcels ". All signs have been permitted by staff, either through building permit or site plan -approval. - The applicant was- notified that the signs--were non- conforming through the non - conforming signs notification procedure. The oldest sign on site (Washington Mutual) was approved by building permit in 1978. The second oldest sign (First Union) was approved in 1984. The RJ Gators sign was approved as part of a Site Plan Approval process in 1991. The remaining two signs (advertising Gardens Park Plaza's two major tenants, Winn Dixie and Eckerd Drugs) were approved as part of a site plan amendment in 1995. These two signs were not constructed until 1998. At that time, staff administratively approved the minor relocation of one of the ground signs. The 1991 and 1995 approvals replaced existing signs which were approved prior to 1990 (Palm Beach Oafe and the two Gardens Park Plaza pole signs). It should be noted that all signs except the Washington Mutual sign are dimensionally conforming to the sign code. The petitioner is requesting only a variance for the number of signs, not the dimensional non - conformities associated with the Washington Mutual sign. The petitioner, who is the property manager for the shopping center, has left the responsibility of obtaining variances for non - conforming dimensions to the tenant, Washington Mutual. As of this date, staff has not received a variance application from this tenant. Five signs were located on site (three of which have since been replaced) at the time of the 1990 code revision, which placed in effect the right -of -way requirements. However, signs which were approved in 1991 and 1995 should not have been permitted, since the signs they were replacing were non - conforming. PROCEDURE: The LDRs designate the authority of reviewing and granting sign variances directly to the City Council. As with other variances, a petitioner must demonstrate hardship. Section 110- 72. Variances, states, "The hardship shall not be economics or natural obstructions on adjacent land, but shall be a hardship whereby an applicant cannot reasonably enjoy and utilize the intended benefits provided in this chapter." This should be the basis for which the variance shall or shall not be granted. Agenda Cover Memorandum Page 3 October 7, 1999 The existing signs do not meet the following code requirements, as outlined in chapter 110 of the City's Land Development Regulations. The following chart, illustrates this: VAR -99 -02 GARDENS PARK PLAZA SIGN VARIANCE REQUEST Present conditions not in compliance with the following requirements: 1. Number of sigaRequirements Code Requirement: Chapter 110 -36 (a) Ground Signs: "Any property with at least 300 feet of.a_property line abutting a public right -of -way shall be allowed a ground sign. An additional ground sign shall be allowed for each additional 700 feet of public right -of -way. The frontage of two or more public streets shall be additive to compute frontage." Present Condition: Five (5) ground signs with 2,300 feet of right -of -way. (requires 3,100 feet of right -of way) . Proposed Condition: Five (5) existing ground signs to remain. Proposed Condition Compliance with Code: No. Variance Requested RECOMMENDATION: Staff has reviewed this petition and has determined that the applicant has demonstrated a hardship whereby an applicant cannot reasonably enjoy and utilize the intended benefits provided in this chapter. Also, it is staffs determination that the existing signage meets the intent and purpose of the sign code. This determination is based on the following: (1) The petitioner has made improvements to the signage on site so that he has reduced the dimensional non - conformities of two of the signs and is requesting from their tenant (Washington Mutual) that the last remaining dimensionally non- conforming sign be brought into compliance. (2) The hardship is not based on economics or natural obstructions on adjacent property, but is based on location of the site. The petitioner would be restricted in their ability to enjoy and utilize the intended benefits of the sign code without the existing ground signs. The intersection of Northlake Boulevard and Military Trail is extremely busy and the elimination of existing signs 'would hamper "business opportunities ", as defined within Section 110 -1 Intent and purpose. (3) Staff has reviewed the site and has found that the existing signage is consistent with the criteria set forth in Section 110 -1 Intent and purpose, as follows: (a) Due to the fact that four of the five signs conform dimensionally, the signs facilitate easy and pleasant communication between people and their environment. The fifth sign has minor dimensional non - conformities and the petitioner has indicated that it will be brought into compliance. (b) Due to the spacing of the sign locations, visual clutter is minimized. (c) The sign locations have been reviewed and approved by the City Engineer, and are therefore not potentially harmful to traffic and pedestrian safety. (d) The existing signs are well maintained and therefore are not harmful to Agenda Cover Memorandum Page 4 October 7, 1999 property values or community appearance. Further, the petitioner is proposing a condition of approval which will require uniformity as the three `outparcel' signs are replaced. (4) The City approved three of the five signs (R.J Gators and the two plaza identification signs) through the site plan approval process after the sign code was in effect. Later, one of the plaza identification signs was administratively re- located to avoid conflicts with drainage facilities. During all of these processes, staff should have - - observed the code- inconsistency.--.And - -while staff error or oversight does not diminish the need for a variance, the petitioner relied upon staffs direction and recommendation when installing three of the five signs. Based on this analysis, staff is recommending approval of this variance. GALong Range \var9902.st1.wpd M E M O R A N D U M To: From: Subject: Kim Glas, Principle Planner Carole Post, City Attornf -, Sign variance standarc Date: September 3, 1999 \` City Council has asked for an opk considering a sign variance, and what info , [!a, J WA7TERSON, HYLAND & KLETT, P.A. �a 11 11 comp"o OS10NS, \ 4.01g5 Ss i"Ro 56A 1964 4 Ofi' Of Par SIP r X999 PLANNING ZONING `i applies when �L uch a determination. Standard of review 1 succE 0,45 • r- _ The Supreme Court of Florida holds P "�� 56, 96 review in a zeaui&vanance determination is whether the decision was b: on competent substantial evidence that a unique hardship exists. Nance v. Town of Indialantic, 419 So.2d 1041 (Fla. 1981). The common "fairly debatable" standard applicable to legislative -type zoning enactments does not apply. This decision supported an opinion by the Fifth District Court of Appeal which required that as a prerequisite to the granting of a zoning variance, the applicant establish the presence of "an exceptional and unique hardship ..., unique to that parcel and not shared by other property owners in the area." Town of Indialantic v. Nance, 400 So.2d 37 (Fla. Sth Dist. Ct. �pp. 1981). In that case, the Court resolved that the Town's zoning restrictions were "common difficulties shared by all other ... lot owners in the area, and are therefore not the unique hardship required to support a variance." Id. City Code incorporates this "unique hardship" standard of review. Section 110 -72 provides that a sign variance may be granted if the strict application of the code would present a hardship `whereby an applicant cannot reasonably enjoy and utilize the intended benefits" of the sign code. N Therefore, to grant a variance, the City Council must find competent and substantial evidence that a unique hardship exists which prevents the landowner from reasonably enjoying the use of their property. What Information may be considered The issue here is what information the council can consider in making a variance determination, and whether it may consider past conduct of the applicant. There is no strict law as to what information may be considered in considering a variance. City Code provides that the council has the authority to consider "any information it may deem necessary to properly reach a decision." This is consistent with the fact that the standard of review is one of "competent, substantial evidence." This is a broad standard and allows the council wide discretion. Of course, any facts considered should be reasonably linked to the issue of whether a hardship exists. P.. 1CPViISTORY11087113.DOC(319.062) LO =0 MEMO TO: Kim Glas Castro Urban Design FROM: Dodi Glas Urban Planning Land Planning DATE: September 9, 1999 Landscape Architecture • Communication Graphics RE: - - -- - -G A P,DENS -P- ARK P -LAZA- SIGN- VARIANCE MATERIALS Our Reference # 15063.02 w/ ATTACHMENTS Enclosed please find proposed conditions for the ground sign improvement program that the petitioner offers in a continuing effort to upgrade the plaza. As has been discussed, the petitioner is not able to require the tenants to change their existing signage but is willing to suggest such improvements. Additionally, as signs are replaced, tenants must go to the City for approval and these conditions could be enforced at that time by the City. There is suggested language for your consideration as well as some supplemental graphic material intended to provide a visual guideline of acceptable signage. I would like to review this information with you as soon as possible. A color exhibit will be prepared for the Council Meeting. Please call me with any comments or questions. Thanks! GACOMMONVobs\Gardcn Park Plaza\ .SignVar\signplankimmemo9199.wpd LCC35 �NN�NG 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.813'. 1 GROUND SIGN IMPROVEMENT PROGRAM Language for your consideration: OUTPARCELS GROUND SIGNAGE Outparcel ground signage as it is replaced will be required to maintain a common landscaping and signage program consistent with the attached graphic and the provisions below: 1. - -- - - The - design_ of_alLground_ signs- shallincorp- orate-- the_shape,- .scale, proportions and _ materials as the existing Gardens Park Plaza signs located at the access point on Military Trail and at the retention area on Northlake Boulevard. 2. All ground signs shall be monument signs with a base structure of aluminum with textured stucco or similar material in a stone (off - white) color. 3. All messages shall be either routed lettering with plexiglass or mounted letters on plexiglass lite from the interior of the sign. 4. All ground signs shall include common landscaping at their base consistent with the type of landscaping materials used at the other ground signs in compliance with these provisions and the landscape material listed in the attached graphic. GACOMMONUobs\Garden Park Plaza\. SignVarlsignplankimmemo9l99.wpd LCC35 c c pt <<< {� {; I ue{d u6{S punoaE) 00iI I ii, i i epuo{J `suapae� WeGS weed I Id d - �e i O I '4 :Y 1 0 J j L.._........ ...... _.. .._... ._.._.._..�..�.._.._.._.._.._.. I (V-600 7P8("OAl9 sm-l"LNON F - - - - - - - - - - - - - 3-- - - - - - - - 1 n n ( a 1 j u ' 1 �g3 j I 1 r =Y 1 I I I 1 1 r9 nLJ ma ............................................................... m Q p rn in N O rna C y �x M J J. 1 : 1 1. 1, 1 rn o� v m � I 1 1 i 1 1 i 1 I 1 L _ _ J y., c m U ` � .................. ►. ❖. ❖ . ❖. ❖ .. ❖ . ❖. ❖ . ❖. September 9, 1999 RESOLUTION 72,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, GRANTING A VARIANCE TO THE REQUIREMENTS OF SECTION 110 -36: "GROUND SIGNS" FOR FIVE (5) EXISTING GROUND SIGNS LOCATED AT THE GARDENS PARK PLAZA LOCATED AT THE CORNER OF MILITARY TRAIL AND NORTHLAKE BOULEVARD; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council finds that a variance for a sign per section 110 -36 would not be adverse to the public interest. WHEREAS, the City Council finds this variance meets the standards established by code. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. A variance is hereby granted to the requirements of section 110 -36, "Ground signs ", for five (5) existing ground signs located at Gardens Park Plaza located at the southeast corner of Military Trail and Northlake Boulevard; said variances being defined as follows: 1. A variance from the number of ground signs permitted, where only three ground signs are permitted, five ground signs exist. Section 2. The aforementioned variance is subject to the following condition of approval: 1. Ground signage, as it is replaced, shall be required to maintain a common landscaping and signage program consistent with the following: a. The design of all ground signs shall incorporate the shape, scale, proportions and materials of the existing Gardens Park Plaza signs located at the access point on Military Trail and at the retention area on Northlake Boulevard; b. All ground signs shall be monument signs with a base structure of aluminum with textured stucco or similar material in a stone (off - white) color. C. All messages shall be either routed lettering with plexiglass or mounted letters on plexiglass lit from the interior of the sign. d. All ground signs shall include common landscaping at their base consistent with specifications on the approved plan. 1 Section 3. The aforementioned improvements shall be consistent with the following plan on file with the Planning and Zoning Division: 1. August 31, 1999, Ground Sign Plan, Urban Design Studio, 1 sheet Section 4. All resolutions in conflict herewith are hereby repealed. Section 5. This resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: LINDA V. KOSIER, CMC CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO \eat G: \Long Range \var9902.re.wpd DAY OF JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT 2 '1999. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 7, 1999 Subject/Agenda Item: Public Hearing /Consideration of Second Reading: Ordinance 42, 1999 Amendment to PGA National DRI /PCD Development Order Recommendation /Motion: Staff recommends approval of Ordinance 42, 1999. Reviewed by: Originating Dept.: Costs: $_0 Council Action: /� Total City Attorney( l'7'� Planning Section [ ] Approved Other N/A $ 0 [ ] Approved w /conditions Current FY [ ]Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: ( ] Operating staff report [ ] Other N/A Ordinance 42, 1999 letters from DCA, TCRPC Paper: Sept 1, 1999 Palm Beach Post [ j Not Required Submitted by: Growth Mgt. Director Affected parties [ x ] Notified: Budget Acct. #: [ ] None Approved by: PGA National POA City Manager [ ] Not required Background: At its September 16th meeting, the City Council determined that the proposed changes do not constitute a substantial deviation to the DRI and approved the ordinance on first reading. Request: Frank Palen, agent for PGA National Venture, Ltd., is requesting an amendment to the PGA National Resort Community - a Development of Regional Impact and Planned Community District. The petition is intended to permit reallocation of certain non - residential land use intensities within three existing categories identified in the table shown on the face of the DRI /PCD Master Plan. No physical changes are to be made in the Master Plan configuration. These changes in the Table of Approved Land Uses will permit site plans to be filed for expansion of the existing PGA of America office site and the existing hotel. In addition, one technical correction to the Table is proposed regarding the allowed intensity of a civic use. The proposed changes are as follows: (1) An overall increase of 21,118 s.f. of Office Uses will raise the category's total complement of intensity from 581,710 s.f. to 602,890 s.f., an increase of 3.64 %. (2) The "Hotel" Land Use category will be increased from 350 rooms to 420 rooms ( +70 rooms or +20 %) (3) These two increases will be completely offset by a simultaneous decrease of 78,296 s.f. of Light Industrial Use (from 229,796 sf to 155,500 sf or - 32.3 %) and a simultaneous decrease of 70,318 sf of Warehouse Use (from 181,535 sf to 111,217 sf or - 38.5 %). The reduction in Light Industrial/Warehouse Use is designed to completely offset the traffic intensity generated by the increased office and hotel uses. Because the Office and Hotel Land Use have higher traffic generation rates than the Industrial/Warehouse Uses, a greater amount of industrial square footage must be forfeited in order to assure that the DRI's offsite traffic iT pacts are unchanged. i The amendment to the DR[ (petition DRI- 99 -01) approved in January expressly contemplated inter - category intensity transfers of this sort. (4) A clarification to the master plan to depict the NPBCID use in terms of acreage rather than square feet. History: This is the eleventh amendment to the PGA National DRI since the development order was approved in 1978. The most recent amendment approved in January, 1999 adopted a restated, consolidated and amended development order for the project. The project is approaching buildout. The petitioner has concurrently submitted a site plan petition for the expansion of the PGA of America office use. Recommendation: Staff finds that while the proposed amendments are statutorily presumed to constitute a substantial deviation, the presumption has been rebutted and therefore the proposal does not constitute a substantial deviation. Staff recommends approval of petition DRI- 99 -04. At its August 24,1999, the Planning & Zoning Commission recommended approval (6 -1) of the request. Neither Treasure Coast Regional Planning Cour)bil nor the Department of Community Affairs has concerns with the proposal (see attached letters). • • • �' O. STONE. JA. r."hns0dATE5i •P.A: •• •.•.. '• ••'•. A04 .. ._.EOWAADI :. • :: w NWJ F • .I1MMa•Pr PPLwrr t'••. •.;,• . . . 1 •��A� .I AATNUA A MAASNAIt• w: wILNAM A 0005E. 111. • P051 wcIaLCYa M1CNUN b J[ANIGAN.INC JNAP • RESORT ' COMMUNITY _ Pf faYW ♦ .f1 ► \��Nrnr,rr.. r • •MOCK. 0005 b SCAACV,'7NC •" : .. Lii •ECONQMICS OESEAACN ASSOCIATC" .� �tiMYVa•Pw•� nN awM•u rLLwap.h�� •• :. PALM Ut' ACN CAAOENS PALM ULACNGOUNTV •{►OA101L ' r• .. •ar .w�i�,anr.•�wrwvey ... �.• GEQA: E LA7110 TOM CAZIO ••OU10LC A ASSOCIATCS if• 'PLO010A. •tNC•. •P +••. - •• • COMPANY fY.Pw PW wr1 L�'•� • fl tirraw tYalYr * c1a'a.w .' ,f L TWIT AOCNf7ECTS. INCA FLORIDA REALTY OUILOING t ' .. PROJCCT MANAGERS .. MIMLET MOAN f. ASSOCJATCS £CNWAO , ... •• I •.a1a•..• r..•. i••, w f. •.� , 14.90 9.20 5.77 7.15 6.69 0.67 9.46 i .e1 .4s 3.34 ].e1 3.9 4.61 ].e4 7.c1• 5.12 3.92 YN ' ji:. i t / •r • � «.; .. mac••.. PGA NAT MU IONAL RESORT COMNITY ALLOCATION OF NON-RESIDENTIAL LAND USES JUNE 17 ,. 1999.. Non - Residential Land Use We •R.ti v. Golf Courses 17 2.36 '• s 2.4 ii 6.t 1 5.92 Spa !4 4.07 6 2; 890 .SF• ". 2.0 150,000 SF 1.19 115,500 SF 0 7.57 School 9 _7.13 160 Beds S 11.39 Fire Station. _ S.S 5.88 5.94 f _• 7.03 11.03 10.]3 SA 7.46 5.09 2.49 7.0 0.0 e.S 6.26 ,2.39 4.90 7.62 4 14.90 9.20 5.77 7.15 6.69 0.67 9.46 i .e1 .4s 3.34 ].e1 3.9 4.61 ].e4 7.c1• 5.12 3.92 YN ' ji:. i t / •r • � «.; .. mac••.. PGA NAT MU IONAL RESORT COMNITY ALLOCATION OF NON-RESIDENTIAL LAND USES JUNE 17 ,. 1999.. Non - Residential Land Use We Approved S.F. Intensit Golf Courses 464 Acres Racquet Clubs 37 Court's Health Club 14,200 SF Resort Hotel 0. Rooms Spa 10400 SF Office 6 2; 890 .SF• ". Commercial 150,000 SF Industrial, Light* 115,500 SF Warehouse* •151,217 SF School 9,996 SF Nursing Home 160 Beds Park' 36 Acres Fire Station. l' Station NPBCID * Light:Industrial uses air .� '.'!. i e��•� . .��,, i:• i�ti Hit• 'ia • :f I I 1 Z ;elude Warehouse.. .• .�`,v,'av:•_ i:��ir�'' %J. -w <�' �4. ;41. _•J��{R�A`Ji�'C4•L'.�i sA. .Sl _ ��ss� e P DEPARTMENT DEB BUSH Covemor FLORIDA STATE OF OF • A F F A I RS "Helping Floridians create safe, vibrant, sustainable communities" August 6, 19 Ms. Roxanne Manning, AICP, Director Department of Growth Management 10500 North Military Trail Palm Beach Gardens, FL 33410 STEVEN M.SEIBERT Secretary City Of r` •. AUG lu s� pLA & tNG XOMttt� Re: ADA- 1078 -021: PGA National Development of Regional Impact (DRI) Notice of Proposed Change (NOPC) Dear Ms. Manning: The Department has received a Notification of Proposed Change to the PGA National DRI. The request was received from Mr. E. Llwyd Ecclestone, the authorized agent for the PGA National DRI, on June 25, 1999.; The applicant proposes the following modifications to the to the Development Order of PGA National DRI: • Increase office use from 581,710 to 602,890 square feet, an increase of 21,118 square feet; • Increase hotel use from 350 to 420 rooms, an increase of 70 room; • Decrease light industrial use from 229,796 to 155,500 square feet, a decrease of 74,296 square feet; • Decrease warehouse use from 181,535 to 111,217 square feet, a decrease of 70,318 square feet. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399.2100 Phone: (850) 488.8466/Suncom 278.8466 FAX: (850) 921- 0781 /Suncom,29.1- 0.78,1 Internet addresst httpt / /www.state.(I.us /comsff/ ROIt1OA IM. 00*11WAMP AM of C01W PAW eonmm nM OMOt Mea of Gleiat.Stade Gaiiam fkid Offix 2796 Overiuis,Hltfiw+Y sum 212' 20S,Eut 1.taki StrEet, . nwM.7losat ?27 fuhe;lG4 /iiiow floAdi'i3d3at641 Ms. Roxanne Manning, AICP PGA National DRI -NOPC August 6, 1999 Page Two Pursuant to Section 380.06(19)(e)5.c., Florida Statutes (F.S.), the proposed simultaneous increase and decrease is presumed to be a substantial deviation. However, the applicant has rebutted the presumption by clear and convincing evidence in the form of a traffic analysis demonstrating that no additional regional impacts are likely to occur, as a result. Therefore, the Department does not raise any objections to the proposed modifications to the Development Order of PGA National DRI. If you have any questions or require further assistance in this matter, please contact Talal M. Benothman, Planner IV, at (850) 487 -4545. cc: Mr. James Snyder, TCRPC Ms. Kim Glas, AICP City of Palm Beach Gardens Mr. Nannette Gammon, Esq. National Investment Company Sincerely, Bob Cambric, AICP Growth Management Administrator recvu e X � cocUt� regional Manning council July 14, 1999 Ms. Roxanne Manning City of Palm Beach Gardens Planning, Zoning and Building 10500 North Military Trail Palm Beach Gardens, Florida 33410 Subject: PGA National Development of Regional Impact, Notification of Proposed Change Dear Ms. Manning: In accordance with the requirements of Section 380.06(19), Florida Statutes, we have reviewed the "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI)" (NOPC) for the PGA National DRI dated June 24, 1999. The NOPC proposes an increase in office development of 21,118 square feet from 581,710 square feet to 602,890 square feet and an increase in hotel development of 70 rooms from 350 rooms to 420 rooms. This increase in development is to be offset by a simultaneous decrease in Light Industrial development of 78,296 square feet (from 229,796 square feet to 155,500 square feet) and the decrease in Warehouse development of 70,318 square feet (from 181,535 square feet to 111,217 square feet). This. NOPC also corrects an error from the previous amendment concerning the 2.5- acre civic site for use as a district office by the Northern Palm Beach County Improvement District. The change is presumed to be a substantial deviation pursuant to Section 380.06(19)(e)5.c., Florida Statutes. Council has reviewed the information provided by the applicant to rebut the presumption. The traffic analysis uses the trip generation rates from the Institute of Transportation Engineers (rm) Trip Generation Manual (56 Edition) instead of the Oh Edition. However, based on the Florida Department of Transportation analysis-that found that the proposed change does not.create additional regional impacts, Council has no objections to the proposed change. If you have any questions, please call. Sincerely, James T. Snyder DRI Coordinator cc: Roger W.ilburn,.FDCA - -- Frank S. Palen, Applicant X � -N ah+f P.B. C,rrderts kr E0� � Decal 6ovlevaed,' cvttd yQcti tWa,349,.9.4: { �:fiA'w I�;611 �IRL 406b' ALG-04 -1999 16 :12 :,`_ i r `.o .. o PSC TRRFFIC ENG bbi 4 res a r rn r. 1410101 PALM BRACH COUNTY DEPARTMENT OF SNGXZTZERING AND P1WLIC' RORRS TRAFFXC ENGINEERING DIVXSION Date: August 4, 1999 FACSIMILE. 'TRANSM:I['iTAL Name: Kim Glas, AICP From.- Al Federico, P.E. I City of Palm Beach Gardens Senior Traf£ie Engineer Phone: 561.775.8295 Phone: 561.684.4030 Fax: 561.775.1014 Fax: 561.478.5770 Subject: PGA National DRI - NOPC Pages: _L, including this cover page The Palm Beach County Traffic Division has reviewed the traffic analysis (dated June 21, 1999) submitted for the PGA National DRI NQPC. At this time we do not have any comments regarding the proposed change. Please contact me if you have any questions. CdY of P.B. Girders AUG 4 1999 G MANAGEMENT DEPARTMENT cc: Tammy Jacobs • Undahl. Browning, Ferrari & HelIstrom, rne. (fax 561.286.8925) H : \TRA E'FIC \api\tps \99107app.wpd -Please call 591.684.4084 if this information was not transmitted clearly. TOTAL P.01 August 30, 1999 ORDINANCE 42, 1999 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF ORDINANCE 22, 1998, THE CONSOLIDATED AND RESTATED DEVELOPMENT ORDER FOR THE PGA NATIONAL RESORT COMMUNITY A DEVELOPMENT OF REGIONAL IMPACT, BY AMENDING THE MASTER DEVELOPMENT PLAN TO REVISE THE SCHEDULE OF USES TO CONVERT APPROVED INDUSTRIAL AND WAREHOUSE USE TO OFFICE AND HOTEL USE; PROVIDING FOR IMMEDIATE TRANSMITTAL OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY AND PGA NATIONAL VENTURE, LTD.; PROVIDING FOR REPEAL OF. ORDINANCES AND RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 7, 1999, the City Council of the City of Palm Beach Gardens, Florida ( "City Council ") adopted Ordinance 22, 1998, a consolidated and restated Development Order for the PGA National Resort Community ( "PGA National "), a Development of Regional Impact ( "DRI "), as that term is defined in Section 380.06, Florida Statutes; and WHEREAS, the City Council has received an application from PGA National Venture, Ltd., a Florida Limited Partnership ( "Developer ") to amend the Master Development Plan; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the proposed Master Development Plan amendment, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: • that these proposed amendments to the Master Development Plan are consistent with the Comprehensive Plan of the State of Florida; O that these proposed amendments to the Master Development Plan do not unreasonably interfere with achievement of the objectives of the adopted Land Development Plan of the State of Florida; • that these proposed amendments to the Master Development Plan do not constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes; and that therefore, this application does not require further Ordinance 42, 1999 Page 1 PGA National Resort Community DRI Development Order Amendment development of regional impact review; and • that the amendments to the Master Development Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: Section 1, A. The revised Master Development Plan contained in the City's Planning & Zoning Division files is adopted as the official Master Development Plan for PGA National Resort Community: June 17, 1999 PGA National Resort Community, Urban Design Studio, 1 Sheet. B. The Master Development Plan is specifically revised to adopt a new schedule of non-residential land uses, identified in the Table affixed to the Master Development Plan which simultaneously decreases light industrial (78,296 s.f.) and warehouse (70,318 s.f.) uses and increases office (21,118 s.f.) and hotel (70 rooms) uses; and is revised to depict the NPBCID use in terms of acreage rather than square feet. Section 2. Certified copies of this Development Order shall be transmitted immediately by certified mail to Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, and PGA National Venture, Ltd. Section 3_. All Ordinances or Resolutions in conflict herewith are hereby repealed. Section 4. This Ordinance shall become effective upon adoption. PLACED ON FIRST READING THIS 16th DAY OF Sentember, 1999. PLACED ON SECOND READING THIS DAY OF , 1999. PASSED AND ADOPTED THIS DAY OF , 1999. Ordinance 42, 1999 Page 2 PGA National Resort Community DRI Development Order Amendment MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G: \Long Range \pgadri.ord42.wpd Ordinance 42, 1999 COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT Page 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date:, October 7, 1999 Date Prepared: October 4, 1999 Creating a Municipal Complex Art Task Force Subject/Agenda Item Consider a motion to approve Resolution 97, 1999, creating a Municipal Complex Art Task Force, Recommendation/Motion: ReviewOd by: Originating-Dept.: -Costs: $ Council Action: d Administration Total C City attorney k [ ] Approved Finance $ ( ] Approved w/ ACMK) Current FY conditions [ ] Denied Human Res. Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Resolution 97, 1999 [ ] Other List of Art Advisory Committee Paper: Submitted by [ X ] Not Required Afm'X st'to City alter Affected parties Budget Acct. #: Approved by: [ ] Notified [ ] None City Manager [ X ] Not required BACKGROUND: On April 8, 1999, the City Council approved amendments to the general requirements for all City advisory boards. The amendments included changes to terms of members, vacancies, removal of members, and membership requirements. As a result of the amendments, three members on the Art Advisory Committee can no longer continue to serve on the Committee. The City Council was presented with two available options at the Workshop on August 26, 1999: 1) The City Council could amend the general requirements for the Art Advisory Committee members by amending the Code of Ordinances, or 2) The City Council could create an art advisory task force. Currently, there are no requirements to appoint members to task forces or ad hoc committees in the Code of Ordinances. Of the two options, it was the consensus of the City Council to create a "Municipal Complex Art Task Force ". The recommendation to create the "Municipal Complex Art Task Force" was presented to the Art Advisory Committee on September 27, 1999. It was the consensus of the members that creating the task force would give the members, who are no longer eligible to serve on the Art Advisory Committee, the opportunity to participate in the selection of the artwork for the new Municipal Complex. Therefore, the members recommend that the current members of the Art Advisory Committee members, Howard Ostrout, Jeffrey Blakely, and the new members of the Art Advisory Committee be appointed as members of the task force. The members voted unanimously to replace Diane Honig, who is a seasonal resident of the City, and to not appoint her to the task force because she would miss more than three consecutive meetings a year. The Committee also suggested that the task force be composed of "up to eleven (11) persons" and that is will take not less than two years to complete the art program for the new complex. Recommendation Consider a motion to approve Resolution 97, 1999, creating an art advisory committee entitled "Municipal Complex Art Task Force," inserting the names Howard Ostrout, Sheryl Wood, Jeffrey Blakely, Caren Hackman, David Porterr and Cynthia Grey. October 4, 1999 RESOLUTION 97, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING AN ART ADVISORY TASK FORCE ENTITLED "MUNICIPAL COMPLEX ART TASK FORCE "; ESTABLISHING PROCEDURAL REQUIREMENTS; APPOINTING PERSONS AS MEMBERS; PROVIDING SPACE FOR MEETINGS; PROVIDING FOR AUTOMATIC DISSOLUTION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires to appoint a task force to assist with the art program and selection of the artwork for the municipal complex. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby creates an art advisory task force entitled "Municipal Complex Art Task Force" to be comprised of up to eleven (11) persons. The task force shall make recommendations to the Art Advisory Board members regarding the art program and selection of the artwork for the new municipal complex. Section 2. The task force shall meet within ten (10) working days from the adoption of the Resolution and elect a chairperson from among its membership. Thereafter, it shall hold meetings as often as the task force deems necessary. A majority of the members shall constitute a quorum. All members shall serve without compensation. The task force shall automatically be dissolved on , , unless extended by the City Council by subsequent Resolution. Section 3. The following persons are hereby appointed to the art advisory task force: Howard Ostrout, Sheryl Wood, Jeffrey Blakely, Caren Hackman, David Porter, and Cynthia Grey. RESOLUTION 97, 1999 Page 2 Section 4. The City Manager shall provide space for the task force to meet. Section 5. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER 1999. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK :_ VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO JOSEPH R. RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY - COUNCIL Agenda Cover Memorandum Meeting Date: October 7, 1999 Date Prepared: September 21, 1999 SUBJECT /AGENDA ITEM: Resolution 100, 1999, approving signage and lighting plans ' for Parcel 1 in The Commons mixed -use development, which is to be located on the south side of PGA Boulevard east of Avenue of the PGA (Petition MISC- 99 -19). RECOMMENDATION /MOTION: Staff recommends approval of the signage plan and lighting plan, with conditions, and approval of one sign waiver request and denial of one sign waiver request. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney:GW�A,�,\ Growth Total [ ] Approved Management Finance: N/A r,� $ [ ]Approved w/ ACM: V ' Current FY conditions Human Res: N/A [ ]Denied Advertised: Funding Source: [ ] Continued to: Other: N/A Attachments: Date: [ ] Operating Paper: [ ]Other 1.Resolution 100, 1999 [ X ] Not Required 21ocation maps 3.Memorandum from Submitted by: T. Jacobs dated ` 7/28/99 4. City Code sections 110 -36 & 110 -37 Growth Management Affected parties Budget Acct. #:: Director [ ] Notified i [ ] None Approved by: City Manager [ X ] Not required City Council October 7, 1999 Page 2 BACKGROUND: Parcel 1 in The Commons is a 7.3 acre tract of vacant land located on the south side of PGA Boulevard, immediately east of Avenue of PGA (see attached location map). The northern 5.2 acres of the site has a future land -use designation of MXD — Mixed Use. The southern 2.14 acres of the site has a Land Use Designation of RH - Residential High Density. The zoning is Mixed Use — Planned Unit Development. The surrounding land uses are: North — PGA Boulevard and vacant land East — the Woodland Lake Condominium South - a canal and the Tamberlane Residential Development West — the Longwood residential development and Nations Bank The Channing Corporation owns the subject property and is proposing to develop the parcel as a mixed -use development by providin) a mix of retail, restaurant, residential, and office uses including general and medical office uses. The development of Parcel 1 is proposed to include 31 townhouses, 14,212 square feet of general office use, 5,267 square feet of medical office use, 10,667 square feet of general retail use, 5,900 square feet of indoor restaurant use and 2,260 square feet of outdoor restaurant use. The development of Parcel 1 will occur in a single phase. On February 11, 1999, the City Council adopted Ordinance 7, 1999, approving Parcel 1 at The Commons as a mixed -use planned unit development. The following two conditions of approval in that ordinance require additional plans to be approved by the City Council: i "2. The project ,signage shall be subject to review by the City Council for its consideration of approval. 17. Prior to the construction plan approval, lighting around bicycle racks, telephone kiosks, obelisks and all four sides of the mixed -use buildings including garage areas shall be included in the construction plans." The applicant is requesting approval of signage and lighting plans for Parcel 1 in accordance with these conditions of approval. City Council October 7, 1999 Page 3 PROJECT DETAILS: Signage The applicant is proposing a signage program that includes the following: *two parcel identification signs on two elevations of one tower. *one building identification sign on each building (total of -four signs). *two wall signs for each tenant with an exterior door. *perpendicular occupant signs for each occupant with an exterior door. These proposed signs are allowed by the City's sign regulations, except for the location of the two parcel identification signs and the two wall signs per tenant. Section 110 - 37(a) of the City's sign regulations requires that a building can have only one building or parcel identification sign. Section 110 -37(c) of the City's sign regulations allows two wall signs per tenant only if the tenant space faces more than one road and has an exterior door. The applicant is requesting two sign waivers: Waiver Request #1 would allow each tenant to have two wall signs; one on the north building facade facing PGA Boulevard and one on the south building facade facing the parking area. 2. Waiver Request #2 would allow the site to have two parcel identification signs on a building in addition to the building identification sign on each building (four signs), for a total of six building /parcel identification signs.' Photometrics /Lighting The applicant's photometric or lighting plan is above the minimum requirement of 0.6 foot - candles, but it is not below the maximum level of 10 foot - candles. The applicant has stated that there are a few areas where the levels are slightly over the 10 foot - candle maximum, but these points will not affect the parking areas or the overall lighting quality of the project. Furthermore, the photometric plan does not currently include the landscape uplighting. The landscape uplighting cannot be included in the photometric plan because this lighting does not shine down on the ground; therefore, it cannot be measured in the photometrics software packages. The applicant agrees, however, to the condition that the light heads for the landscape lighting shall not exceed 150 watts. City Council October 7, 1999 Page 4 STAFF COMMENTS: Engineering has made comments regarding this petition (see attached letter dated July 28, 1999). Two of the comments involved the fact that there are "hot spots" shown on the photometric plan, and that the landscape uplighting and building wall- mounted lighting were not included on the photometric plan. The applicant has addressed these comments (as stated in the previous section of this report). The other comments were that stop signs, stop bars, "stop" pavement markings, and a north arrow need to be shown on the photometric plan. The applicant has revised the photometric plan to include a north arrow, and has stated on the plan that all stop signs, stop bars, and "stop" pavement markings are shown on the approved site plan of record. The Growth Management Department is recommending a condition of approval that prior to the final certificate of occupancy, the applicant shall have a photometric specialist check Parcel 1 and certify to the City that there are no areas that exceed the allowable lighting limits. STAFF RECOMMENDATION: Staff recommends approval of the signage and lighting plans referenced in Resolution 100, 1999, which contains the following conditions of approval: Prior to the final certificate of occupancy, the applicant shall have a photometric specialist check Parcel 1 at The Commons and certify to the City that there are no areas on site that exceed 10 foot - candles. 2. The light heads for the landscape uplighting shall not exceed 150 watts. Staff also recommends approval of Waiver Request #1 to allow each tenant space to have a wall sign on the north facade of the building facing PGA Boulevard and a wall sign on the south side of the building facing the parking area. Two wall signs are needed because the tenant spaces will face both PGA Boulevard and the parking area. Staff recommends denial of Waiver Request #2 because the requested, two parcel identification signs are also building signs, and the City's sign regulations only allows one such sign per building (and the applicant is already proposing one building identification sign per building). September 20, 1999 RESOLUTION 100, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING SIGNAGE AND LIGHTING PLANS, WITH CONDITIONS, FOR PARCEL 1 AT THE COMMONS; APPROVING TWO SIGN WAIVERS FOR PARCEL 1 AT THE COMMONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance 7, 1999, on February 11, 1999, approving a planned unit development (PUD) application for Parcel 1 at The Commons; and WHEREAS, the City has been requested to approve signage and lighting plans for Parcel 1 at The Commons, in accordance with the above ordinance; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: Section 1. The City Council of the City ov, Palm Beach Gardens, Florida, hereby approves signage and lighting plans for Parcel 1 at The Commons PUD. This approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Photometric Plan dated August 23, 1999, by Bob Bransome of CALCS, Sheet SL1 (one sheet total). 2. Exterior Signage Elevations dated August 16, 1999, by Oliver - Glidden & Partners, Sheet SD Al (one sheet). 3. Exterior Signage Site dated August 16, 1999, by Oliver - Glidden & Partners, Sheet SD SP1 (one sheet). 4. Exterior Elevations dated April 12, 1999, by Oliver - Glidden & Partners, Sheets A -14, A -3.2, & A -3.3 (three sheets). d 5. "C" Building Type dated April 12, 1999, by Oliver - Glidden & Partners, Sheet A -4 (one sheet). 6. "D" Building Type dated April 12, 1999, by Oliver - Glidden & Partners, Sheet A -5 (one sheet). Resolution 100, 1999 Page 2 This approval is subject to the following conditions of approval, which shall apply to the applicant and any successors or assigns: 1. Prior to the final certificate of occupancy, the applicant shall have a photometric specialist check Parcel 1 at The Common; and certify to the City that there are no areas on site that exceed 10 foot - candles. 2. The light heads for the landscape lighting shall not exceed 150 watts Section 2. A PUD waiver is hereby granted from City Code subsection 110- 37(a), which limits the maximum number of building identification signs to one per biuilding. The approved waiver is to allow two parcel identification signs, in, addition to a building identification sign, on a building in Parcel 1. Section 3. A PUD waiver is hereby granted from City Code subsection 110- 37(c), which allows more than one wall sign only if the tenant space faces more than one public road right -of -way. The approved waiver is to allow each tenant space to have one wall sign on any adjoining building facade that faces a road or parking area. Section 4. This resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE ATTESTED BY: LINDA V. KOSIER CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g \short: misc9919.re.doc DAY OF Resolution 100, 1999 Page 3 1999. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CAROLS W. POST CITY ATTORNEY AYE NAY ABSENT RISEN- oR i r^ • I _ _ I rMa tH llExiF T ..lo BEACH P.RR UN 9 y ■ ' �.� tiKR' ■FP PALMSEACH T HEIGHTS 3 ti "� " I � � �' � , LocGrRNE.Io Pur.. oFFrr emc • s! �a sl,v - - -- ' rc�x SG OATS :i ... DONALD' ROSS _�� • :�� ; !=- ° - -•RDti Ur" Ross Ito pAI — i�__ .E - 'y:u ""AE • _ fKwv0�0a'srT, FRENCHMAN'Slat COuNrR EE CLUB = i/ y O • • W RePT . fREN[1WAN't —lfvr. 1A ASTRONT CREEK COURM w GO/i I ♦ CONNIRr COURSE O CLUB I 1-- •�.___ I� 95 I o �� ^EhCHMAN'S "0 v P� I'tt "X rnn.. H ,` .NpWp ! .DVE -f =. �_ � ffa•„CLE ��,_ P' I i'M1`CLuK t.i3 +y.Jvo E p ' JAMES �ES I " MOOD ! RD ■ .�.tyeg3 -e(,,, '? ISTLNI r^ ♦ FnEhCh HENS% ! ii vp3 "3-: afI C i`r. v� = i I a UNO NATiRF•:' . TM ��, w AK I LAGO Y 8 1 , ° MAR 3 1,`cRtir ■• �� /r'♦ 5 4SrA S ~ Y! w ♦ • PARK g 1� u.••.c` {E:N. _ EASAMT+ 'N STNOOD dd R0 E95 kA= EAGLE f1RE OEIT .. 1 ^' LAKE a euNEE:. _ ,:. �4t - oa iARDEM ,.�;.�.... = - --Q _. " ■ Low •wNE no 1 ■ .. 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I !i 1 L CL RRGRAN CGI• I �� W r O IAK 1 7p� NORTHLAKE u 3' p ' ' ` �[ ';... - _ ---- -- __ - L i.T.a ... -;BARK ;NORTH LAKE BLVb � >� NORTH KE BLV ate. �a i Y - --------- —_ T•T N e i r r r'f Fr 1 C' u G- • • a. _____Q _____ __ c _ i�EVA�\ W �wN ra a`.^, �__.� p ilk __N•G c 4rER j• - - -n -�- ,yI �' rcat.t ■� ., NORTH- $r °a��u SHrfR4 4 �y CZW.• 2 y ¢ —- " ¢ cvi ORTF rl eoAa. sF oiR cENr l ` ♦• SCL'JPF g. I �.�1 tp i tAkE /I elan a ja'•"4 iIREF j m V SeAmRR� CONSUMER ~ ■ 8 !1S - p_�— � =_ —._ .�. GRL..,RAW. �'� ,, 110 fK WVw 1: C i I I ~{ 1 ALU■ rt «.•=Ay. ?La1 1 .7 w[vEliewsvll Ld• tA E J :1 glrminum dt 1 •<A- THE COMMONS PARCEL 1 Palm Beach Gardens, FL��{--' Approximate Scale i y� lV. �� ` I t •' N. 777 , , • �Y , . f „•!� Tt., ,ir ✓ lO ��' f -- ..� .�. ;l' X11^ nm dl •s• � ip ..� . n }� pu ij ol It r� '1' Gull � \ �j�= ♦ I ��,/ ��ti { ,' • is �; � _ ice' / / � ' �}� ,�/ G • 1 r � „i's� a •,� 1 : f�� Mlnrri '" �`� •'fit c 7 t !' � . .< -i"'fr .'tea � • t '"'/ , l ;b i r .•r lK ` r so . J 5 t � .. Y 4 rYytt� ter.. .f'.1 '•' 3 5 it t• 45 /_• . 1. �• -. M f.• � . t }'(• . +• , �` " ``� Yr � it x' '�; „ ! f ^ ' - : 1Y. ... , � �•. (. +IR �! c �'•• -•%+ THE COMMONS , EXHIBIT 1 dPe PROJECT LOCATION EASTERN PUDs N.T.S. HOOD RD Of v J Q' Q >- w t�E JO of ~ Z 0� J W Q Q' � J Q W U PGA BLVD i WESTERN PUD EASTERN PUDs BURNS RD w Y_ C Z cr- Q w O Lo rn u I NORTHLAKE BLVD 5/15/98 THE COMMONS , EXHIBIT 1 dPe PROJECT LOCATION EASTERN PUDs DEVELOPMENT APPLICATION City of Palm Beach Gardens Planning and Zoning Department 10500 N. Military Trail, Palm Beach Gardens, FL 33410 (561) 775 -8295 1 Request Planned Unit Development Annexation Amendment To PUD /Site Plan Rezoning Conditional Use Site Plan Reviews Amendment to the Comprehensive Plan Concurrency Certificate XX Other (Explain) Miscellaneous Approval Time Extension Project Name PGA Commons Ni let'l Date June 28, 1999 Sianaae Prosram/Liahting PhotQmetijcs Site Information; Acreage 7.304 Address Southeast corner of Avenue of the PGA and PGA Boulevard Township 42 Section 11 Estimated Present Population N /A, Current Zoning PUD Current Comprehensive Plan Land Use Designation MXD/P -H Existing Use N/A Range 42 Estimated Future Population.. N/A Requested Zoning No Change Requested Land Use No Change Proposed Use N/A Proposed Square Footage By Use N/A Proposed Number of Dwelling Unit(s) N/A „ Owner ChanninQ Corporation XXX Applicant (if not Owner) SAME Agent (if not Owner) URBAN DESIGN STUDIQ Agent's Mailing Address 2000 Palm Beach Lakes Blvd.. Suite 600. West Palm Beach. 19 ��409 Agent's Telephone Number (561) 689 -0066 FAX Number (561) 689 -0551 Architect N/A Engineer N/A Planner N/A Landscape Architect N/A - FOR OVFICE USE ONLY: Petition Number Fees: Application $ Engineering $ REVISED 9 -11 -92 T CRY Of FAM Date & Time Received �A 1 1999 _. I PLANNING Receipt Number WNW Date Application Complete JUSTIFICATION EXPLANATION Information concerning all requests (Attach additional paper if insufficient space) (Section 159.111(C)(6)) 1. Explain the intent of the request This is a request for the, approval of the Si,gange Prpgram for Parcel 1 of The Commons PUD. which was approved by the City Council thrqugh the adoption of Ordinance 7. 1999. This reauest for approval is in compliance with Qpndition number two (2) of Ordinance 7. 1999. In addition. the petitioner is ajso r�qu�stjng the approval of the Lighting Photometric plan for this same site, 2. What will be the impact of the proposed change on the surrounding area? There is no impact on the surrounding area as a result of this reauest 3. Describe how the rezoning request complies with the following elements of the Comprehensive Plan: Future Land Use, Traffic Circulation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental Coordination and Capital Improvement. This reauest is for annroval of a signage program, and lighting phptgmetric plan, The approved development is consistent with all elements of the Future Land Use Plan, i IV. Landscape and Preservation Submittal Package. N/A i I FILE No,bb4 ':09 W :b�l 1U -Mg-1V Lit "i1LA 5IUL1U MEMORANDUM TO: John Lindgren City Planner FROM: Marty R.A. Minor /4'1�pl DATE: August 3l, 1999 RE: PGA COMMONS PARCELS 1, 2, AND 3 SIGNAGE PACKAGE UDS 12FF.:# 17024.06 hWlat r/ ? Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics As we discussed, I would like to address your question regarding the August 23, 1999 letter from Henry Skokowski on the ahove- referenced project. We are requesting a waiver from Section 110 -37(c) of the City Sign Code to allow individual tenants in each of the parcel's mixed use buildings to have up to two signs. it is proposed that each tenant may have a sign facing north, adjacent to PGA Boulevard, and a sign facing south toward the project parking Iots, i The standard retail establishment has tenant signs facing the adjacent roadway(s) and the parking lot, so as to dh,cct patrons to the individual business. In these standard retail establishments, the parking lot for customers is located in front of the buildings. As you are aware, the innovative design of the project places the parking for the mixed use portion at the rear of the buildings. The waiver request to allow tenant signage on the south (rear) side of the buildings, adjacent to the packing lot, will direct patrons to the individual business located within the mixed use buildings. As I requested during the telephone conversation, we ask to remain on the September 14,, 1999 City Council meeting. If there is anything I can do to aid you in accomplishing this, please let me know. sae C; Joel Channing Henry Skokowski Cis1C!UMMU!Na6�1Tho(`� a rrK�n�ISi�p�WrIverReq�mA ,UMI1W.wpd 2000 Palm Beach Lakes Boulevard Suite 600 The ConcoUrsa West Palm Beach, Florida 33408.6582 561.688.0066 561.688.0561 fax i Irvine, CA 714.489.6131 JUL -29 -1999 10:09 LBF &H - STURRT 5bl ebb ,syeD r.oel174 Mb mr 0 LINUAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINPF- S. StIHv[YOn5 F MAPPERS MEMORANDUM TO: Kim Glas FROM: Tammy Jacobs DATE: July 28, 1999 SUBJECT: The Commons Parcel 1 (LBFH file No. 98 -0005) We have reviewed the photometric plan prepared by Urban Design Studio received July 6, 1999. We offer the following comments: 1. The photometric plan indicates that landscaping uplighting and building flood lighting were not included when calculating the foot - candles. City Council recently issued a directive to include the effects of all proposed lighting within the property when calculating foot - candles. This includes landscaping uplighting and building flood lighting. The applicant will need to revise the plan to include the effect of all forms of proposed lighting. 2. Sheet SL1 has four areas where lighting exceeds 10.0 foot - candles on the parking area surface. These areas are left to right above the centerline. We recommend that the foot - candles be limited to 10.0 maximum foot - candles. 3. Two stop signs are missing at the driveway connecting the parking lot to PGA Boulevard. 4. The applicant will need to show the'internal stop bars and "stop" pavement markings. 5. Please show the north arrow. TJ /cj c: Roxame Manning PAPBGMEM010005v .doe 3,1,0 S.W. CC)RPORATE PARKWfY • PAL-M CITY. FLcRII)A 34390 • (:,1311 ?SVI, W33 • l i\(: (,"611 28 -3925' http : / /www,lbth.com • u•mail: irtoObfl 4*11 1'. .\I Ni ('111 WEST PALM REACH K)RI I'll R(T OKEEC11090: § 110 -6 PALM BEACH GARDENS CODE removal shall be at the expense of the owner or lessee. The building official shall reinspect all signs erected within the city as often as he deems necessary. No fee shall be required for reinspection. (Code 1987, § 155.07) Sec. 110 -7. Design requirements. (a) All permanent signs shall be designed and constructed to withstand all loads and design factors of the city as prescribed by the building code for the city. (b) The building official shall require sufficient design data, when deemed necessary, to determine whether the sign complies with the applicable codes of the city. All permanent ground signs eight feet and abovegrade shall be certified by a state engineer, who shall submit sufficient design data to enable the building official to determine whether the sign complies with the applicable codes of the city. (Code 1987, § 155.08) Secs. 11048- 110 -35. Reserved. ARTICT.F H. PERMANENT SIGNS Sec. 110.36. Ground signs. (a) Any property with at least 300 feet of a property line abutting a public right -of -way shall be allowed aground sign. An additional ground sign shall be allowed for each !additional 700 feet of public right -of -way. The frontage of two or more public streets shall be additive to compute frontage. (b) Aground sign structure shall not exceed ten feet in overall height above the icenterline of the adjacent roadway nor shall it exceed 15 feet in length. A maximum of 60 square feet per sign and no more than two faces per sign structure shall be allowed. (c) Ground signs shall be placed no closer than 15 feet from the front property lines or 50 feet from the side property lines. A ground sign shall be erected in a landscaped area. The landscaped area shall be equal to no less than the height of the sign in ;all directions from the sign face and front end and a minimum of three feet from the rear of the sign. The area shall be planted with appropriate vegetation and automatic irrigation by the property owner and shall comply with chapter 98. (Code 1987, § 155.09) Sec. 110 -37. Flattwall signs (a) Buildings located on a site which has at least 100 feet of property line on the public right -of -way shall be allowed one flat/wall sign for identification. (b) A flat/wall sign installed on a building, which identifies the building or one principal tenant, shall be parallel to the surface of the wall on which it is painted or attached and shall CD110:6 SIGNS § 110 -38 7. not project more than 12 inches from such wall surface. The total area of the sign face shall not exceed three percent of the face area of the elevation below the fourth floor line or 30 feet above the centerline of the .adjacent street, whichever is less. The area of the sign face may be increased two percent for each additional 50 feet of setback from the property line ir► excess of the minimilm required for the wall upon which the sign is applied. The mAvimum'sign area increase shall not, however, exceed seven percent or a total sign area of ten percent. (c) In addition to the ground or flattwall sign which indicates the purpose of the building, an occupant of a portion of a building whose space is directly accessible from the exterior of the building at ground level is allowed one flattwall sign for each elevation facing a public right -of -way and/or the primary entranceway, not to exceed two face elevations. Such flattwall signs shall not exceed five percent of the gross area of the described elevations of the tenants' space. Signs shall not be located higher than the second floor line elevation or top of the parapet of a one -story building. All such signs shall be of uniform type, color, and material. (1) Cabinet type signs shall be of the same shape and style. (2) Channel letter type signs shall be of the same style, letter height not to exceed 24 inches, maximum two lines of copy. (d) In addition, a window sign not to exceed five percent of the gross glass area of elevation may contain the name of the occupant, hours of business operation, open/closed designations, credit card designations, and telephone numbers shall .be permitted, and 15 percent of the gross glass area of elevation may further be used for the specific advertising of goods and services, not to exceed 100 square feet. Materials utilized in signage comprising the 15 percent allowable area for goods and services rust be of a permanent nature. Use of cardboard or paper materials temporarily affixed to the glass is prohibited. (e) Menu sign. A menu sign is a temporary sign used to inform the public of the list of dishes or foods available in a restaurant along with the corresponding prices. A window menu must be framed or matted and its area will not be applied toward the 15 percent of the gross glass area. The sign may also indicate if the restaurant is open and list the hours of operation of the restaurant. (1) One menu sign is allowed for each restaurant. (2) The sign shall not exceed four square feet in area. (3) The sign shall be enclosed in a casing attached to the building. The casing design and color shall be architecturally compatible with the building design and color. The casing shall extend no more than two inches in depth away from the wall to which it is attached, which shall be the owned, rented, or leased premises. (Code 1987, § 155.10) Sec. 110 -38. Directional signs (on site). (a) The maximum of one double -faced sign of no greater than four square feet on face or higher than four feet above the adjacent paving for each authorized curb cut shall be allowed to direct traffic to any building on the property. In addition, one exterior menu sign shall be CD 110:7 i CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting'Date: October 7, 1999 Date Prepared: September 20 1999 SUBJECT /AGENDA ITEM: Resolution 101, 1999, approving signage and lighting plans for Parcel 2 at "The Commons" mixed -use development, which is to be located on the south side of PGA Boulevard west of Hickory Drive (Petition MISC- 99 -20). RECOMMENDATION /MOTION: Staff recommends approval of the signage and lighting plans, with conditions, and approval of the requested sign waiver. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney: � '11LA Growth Total [ ] Approved Management Finance: N/A $ [ ] Approved w/ ACM: k Current FY conditions q Human Res: N/A [ ] Denied Advertised: Funding Source: [ ] Continued to: Other: N/A Date: [ ] Operating Attachments: Paper: [ ]Other 1.Resolution 101, 1999 21ocation maps 3.Memorandum dated 7/28/99 from T. Jacobs 4.City Code sub - Submitted by: [ X ] Not Required section 110 -37(c) i Growth Managemenr Management Affected parties Budget Acct. #:: Director ( ] Notified [ ] None Approved by: City Manager [ X ] Not required City Council October 7, 1999 Page 2 BACKGROUND: Parcel 2 at The Commons is currently an 8.9 -acre tract of vacant land located on the south side of PGA Boulevard, immediately west of Hickory Drive. (see attached location map). The northern 4.0 acres of the site has a future land -use designation of Mixed Use. The southern 4.9 acres of the site has a future land -use designation of Residential High Density. The site is zoned Mixed Use - Planned Unit Development. The surrounding land uses are: North — Gardens of Woodberry residential community East - vacant land proposed as Parcel 3 of The Commons South — Woodland Lakes condominiums West - Woodland Lakes condominiums The Channing Corporation owns the subject property and is proposing to develop the north section of the parcel as a mixed -use development with a mix of retail, restaurant, residential and general and medical office uses. The development of Parcel 2 is proposed to include eight apartment units totaling 10,420 square feet, 6,606 square feet of general office use, 7,150 square feet of medical office use, 12,654 square feet of general retail use, 3,300 square feet of indoor restaurant use and 1,675 square feet of outdoor restaurant use. The south section of the parcel is proposed to include 17 townhouse units. The development of Parcel 2 will occur in a single phase. On February 11, 1999, the City Council adopted Ordinance 8, 1999 approving Parcel 2 at The Commons as a mixed -use planned unit development. The following two conditions of approval in that ordinance require additional review by the City Council: 999. The project signage package shall be subject to review by the City Council for its consideration of approval. 20. Prior to the issuance of the first building permit, lighting around bicycle racks, telephone kiosks, obelisks, and all four sides of the buildings including garage areas, shall be indicated on the construction plans." The applicant is requesting approval of signage and lighting plans for Parcel 2 in accordance with these conditions of approval. City Council October 7, 1999 Page 3 PROJECT DETAILS: Signage Plan The applicant is proposing signage that includes the following: *one building identification sign on each building. *two wall signs for each tenant that will have an exterior door. *perpendicular occupant signs for each tenant that will have an exterior door. All of these proposed signs are allowed by the ICity's sign regulations, except for the requested two wall signs per tenant. Subsection 110 -37(c) of the City's sign regulations allows one wall sign per tenant and two wall signs only if the tenant has an exterior door and the tenant space faces more than one public road right -of -way. A copy of the referenced subsection is attached. The applicant is requesting a PUD waiver to allow all tenants to have twb wall signs even if the space they occupy does not face more than one road (as long as the building itself faces more than one road). Photometric /Lighting Plan The applicant's photometric or lighting plan meets the minimum requirement of 0.6 foot- candles, but exceeds the maximum level of 10 foot - candles in a few locations. The applicant has stated that the few areas where the lighting levels are slightly over the 10 foot - candle maximum will not affect the parking areas or the overall lighting quality of the project. Furthermore, the lighting plan does not include landscape lighting. The applicant has indicated that landscape lighting cannot be included in the lighting plan because this lighting does not shine down on the ground; therefore, it cannot be measured in the photometric computer software. The applicant does, however, agree to a condition that landscape lighting shall not exceed 150 watts. STAFF COMMENTS: Engineering has made comments regarding this petition (see attached letter dated July 28, 1999). Two of the comments involved the fact that there are "hot spots" shown on the photometric plan, and that the landscape lighting and building wall- mounted lighting were not included on the photometric plan. The applicant has addressed these comments, as indicated above. City Council October 7, 1999 Page 4 The other comments were that stop signs, stop bars, "stop" pavement markings, and a north arrow need to be shown on the photometric plan. The applicant has revised the photometric plan to include a north arrow, and has stated on the plan that all stop signs, stop bars, and "stop" pavement markings are shown on the approved site plan of record. The Growth Management Department is recommending a condition of approval that, prior to the final certificate of occupancy, the applicant shall have a photometric specialist check the Parcel 2 site and certify that there are no areas that exceed the allowable lighting limits. STAFF RECOMMENDATION: Staff recommends approval of the signage and lighting plans referenced in Resolution 101, 1999, which contains the following conditions of approval: 1. Prior to the final certificate of occupancy, the applicant shall have a photometric specialist check Parcel 2 at The Commons and certify to the City that there are no areas on site that exceed 10 foot- cand'l6-s. 2. The lighting used for landscape lighting shall not exceed 150 watts. Staff recommends approval of the requested waiver to allow each tenant space to have two wall signs; one the north building facade facing PGA Boulevard and one on the south building facade facing the parking area. Two signs are needed because the tenant spaces face both PGA Boulevard and the parking area. g /short: misc9920.cc.doc September 20, 1999 RESOLUTION 101, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING SIGNAGE AND LIGHTING PLANS, WITH CONDITIONS, V FOR PARCEL 2 AT THE COMMONS PLANNED UNIT DEVELOPMENT; APPROVING A SIGN WAIVER FOR PARCEL 2 AT THE COMMONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance 8, 1999, on February 11, 1999, approving a planned unit development (PUD) application for Parcel 2 at The Commons; and WHEREAS, the City has been requested to approve signage and lighting plans for Parcel 2 at The Commons, in accordance with the above ordinance; and ' WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves signage and lighting plans for Parcel 2 at The Commons PUD. This approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Photometric Plan dated August 23, 1999, by Bob Bransome of CALCS, Sheet SL2 (one sheet). 2. Exterior Signage Elevations dated August 16, 1999, by Oliver - Glidden & Partners, Sheet SD Al (one sheet). 3. Signage Site Plan dated August 16, 1999, by Oliver - Glidden & Partners, Sheet SD SP2 (one sheet). 4. Exterior Elevations dated April 12, 1999, by Oliver - Glidden & Partners, Sheets A- 14, A -3.2, & A -3.3 (three sheets). 5. "C" Building Type dated April 12, 1999, by Oliver - Glidden & Partners, Sheet A -4 (one sheet). 6. "D" Building Type dated April 12, 1999, by'Oliver - Glidden & Partners, Sheet A -5 (one sheet). Resolution 101, 1999 Page 2 The above approval granted by this resolution is subject to the following conditions of approval, which shall apply to the applicant and any successors or assigns: 1. Prior to the final certificate of occupancy, the applicant shall have a photometric specialist check the site of Parcel 2 at The Commons and certify to the City that there are no areas on site that exceed 10 foot - candles. 2. The light heads for the landscape uplighting shall not exceed 150 watts. Section 2. A PUD waiver is hereby granted from City Code subsection 110- 37(c), which allows more than one wall sign for tenant space that faces more than one public road right -of -way. The approved waiver is to allow each tenant space to have one wall sign on any adjoining building facade that faces a road or parking area. j Section 3. This resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE Resolution 101, 1999 Page 3 DAY OF 1999. JOSEPH RUSSO, MAYOR ATTESTED APPROVED AS TO LEGAL FORM AND BY: SUFFICIENCY: LINDA V. KOSIER, CITY CLERK CAROLE POST, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g\ short: misc9920.re.do p k �.r_ny Tgr°iiyq ' t � ME N '� egg �� ``�y.'�}}}nnn��i�� 5 �tl � -� •.i ki Si mammon "MT Eli- �l •r� �t ;'. ON OF r�>�i' t :f. ". � •.fit �/ 'tS . .'.�n y'.:. mot•• l t �• - •� - i' _ yr• . �_� K�f'�� '�r.�x�� / -.' �/� 4-16- 04 •'�a. �.�;'2i1:' 1' � •'/ .� vow- DEVELOPMENT APPLICATION City of Palm Beach Gardens Planning and Zoning Department 10500 N. Military Trail, Palm Beach Gardens, FL 33410 (561) 775 -8295 Reauest Planned Unit Development Amendment To PUD /Site Plan Conditional Use Amendment to the Comprehensive Plan XX Other (Explain) Miscellaneous Annroval Project Name PQJA CQmmpns`P'6 el 2 $ignage Program/Liehtine Photometric Site Infprmatipn; Annexation Rezoning Site Plan Review Concurrency Certificate Time Extension Date June 2$, 1999 Acreage $,997 Address Southwest corner of the Hickory Drive and PGA J3Q1Jl(w4rd Township 42 Section 1 I Range 42 Estimated Present Population N/A Current Zoning PUD Current Comprehensive Plan Land Use Designation MXD /RM/RH Estimated Future Population N/A Requested Zoning No Change Requested Land Use No Change Existing Use N/A Proposed Use N /A Proposed Square Footage By Use N/A Proposed Number of Dwelling Unit(s) N/A Owner Channine Corporation X„xX Applicant (if not Owner) $acne Agent (if not Owner) URBAN DESIQN STVDIQ Agent's Mailing Address 2000 Palm Beach Lakes Blvd.. Suite 600. West Palm Beach. F13�4Q9 Agent's Telephone Number (561) 689 -0066 FAX Number (561) 689 -0551 Architect N/A, Planner N/A Landscape Architect NIA FOR OFFICE I,J$E ONLY; Petition Number .Fees: Application $ Engineering $ REVISED 9 -11 -92 Engineer N/A Date & Time Received Receipt Number Date Application Complete JUSTIFICATION EXPLANATION Information concerning all requests (Attach additional paper if insufficient space) (Section 159.111(C)(6)) 1. Explain the intent of the request This is a request for the approval of the Sigange Program for Parcel 2 pf The Commpns PUD, which was approved by the City CQuncil through the adoption of Ordinance 8. 1999. This reauest for approval is in compliance with Ggnditign number nine (9) of Ordinance 8. 1999, In addition, the petitioner is al$p requesting the approval of the Liehtine Photometric plan for this same $ite, 2. What will be the impact of the proposed change on the surrounding area? There is no impact on the surrounding area as a result of this request, r 3. Describe how the rezoning request complies with the following elements of the Comprehensive Plan: Future Land Use, Traffic Circulation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open Space, Interg6verninental Coordination and Capital Improvement. This reauest is for approval of a signage program and lighting photometric plan, The approved develonment is consistent with all elements of the Future sand Use Plan, IV. Landscape and Preservation Submittal Package. NIA F 1 C_t No . 5b4 LkV-61 ' !AJ W : W 1 L : Ute5 -N Lt51 UN 51 Ull 1 U MEMORANDUM Td: John Lindgren City Planner rWt: lbbyUb�1 I 2/ 2 Urban Design FROM: Marty R.A. Minor y%j' urban Planning Land Planning �1, DATE: August 31, 1999 Landscape Architecture Communication Graphics RE: PGA COMMONS PARCELS 1, 2, AND 3 SIGNAGF PACKAGE UDS IREF.:# 17024.06 As we discussed, I would like to address your question regarding the August 23, 1999 letter from Henry Skokowski on the ahcive- referenced project. We are requesting a waiver from Section 110 -37(c) of the City Sign Code to allow individual tenants in each of the parcel's mixed use buildings to have up to two signs. It is proposed that each tenant may have a sign facing north, adjacent to PGA Boulevard, and a sign facing south toward the project parking lots. The standard retail establishment has tenant signs facing the adjacent roadway(s) and the parking lot, so as to du-ect patrons to the individual business. In these standard retail establishmpts, the parking lot for customers is located in front of the buildings. As you are aware, the innovative design of the project places the parking for the mixed use portion at the rear of the buildings. The waiver request to allow tenant signage on the south (rear) side of the buildings, adjacent to the parking lot, will direct patrons to the individual business located within the mixed use buildings. As I requested during the telephone conversation, we ask to remain on the September 16, 1999 City Council meeting. If there is anything I can do to aid you in accomplishing this, please let me know. S OJ � Ga�aQo C; Jocl Cltanning es 199 C Henry Skokowski ( is1 ('UMMp!Nu6�1TAo(`urnrrKm�ISi�pi WdvmttegitnA,Ut111W. wpd H, 2000 Palm Bosch Lakes Boulevard Suits 600 The Concourse West Palm Beach, Florida 33409 -5562 561.680.0006 561.689.0551 fax Irvine. CA 714.489.8131 Lh LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Kim Glas FROM: Tammy Jacobs DATE: July 28, 1999 SUBJECT: The Commons Parcel 2 (LBFH file No. 99 -4066) We have reviewed the photometric plan prepared by Urban Design Studio received July 6, 1999. We offer the following comments: 1. The photometric plan indicates that landscaping uplighting and building flood lighting were not included when calculating the foot - candles. City Council recently issued a directive to include the effects of all proposed lighting within the property when calculating foot - candles. This includes landscaping uplighting and building flood lighting. The applicant will need to revise the plan to include the effect of all forms of proposed lighting. 2. Sheet SL2 has two areas where lighting exceeds 10.0 foot - candles on the parking area surface. These areas are on the left and right side of the site. We recommend that the foot - candles be limited to 10.0 maximum foot - candles. 3. We recommend that the internal intersection just northeast of unit 2/8 be revised such that stop bars and "stop" pavement markings are utilized for the eastbound and westbound travel lanes, removing the stop bar for the northbound travel lane currently shown on the plan. 4. Please show north arrow. C � 1 Gardens dens � TJ /cj 1999 ca MANAGEMENT ENT co c: Roxanne Manning ENT Ile \ \pc \projects\PBGMEMO \4066s.doc a 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: Info @lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE 1�Y § 110 -6 PALM BEACH GARDENS CODE removal shall be at the expense of the owner or lessee. The building official shall reinspect all signs erected within the city as often as he deems necessary. No fee shall be required for reinspection. (Code 1987, § 155.07) Sec. 110 -7. Design requirements. (a) All permanent signs shall be designed and constructed to withstand all loads and design factors of the city as prescribed by the building code for the city. ' (b) The building official shall require sufficient design data, when deemed necessary, to determine whether the sign complies with the applicable codes of the city. All permanent ground signs eight feet and abovegrade shall be certified by a state engineer, who shall submit sufficient design data to enable the building official to determine whether the sign complies with the applicable codes of the city. (Code 1987, § 155.08) Secs. 110 -8- 110 -35. Reserved. AR.TICTY H. PERMANENT SIGNS Sec. 110.36. Ground signs. (a) Any property with at least 300 feet of a property line abutting a public right -of -way shall be allowed a ground sign. An additional ground sign shall be allowed for each additional 700 feet of public right -of -way. The frontage of two 'or more public streets shall be additive to compute frontage. (b) Aground sign structure shall not exceed ten feet in overall height above the centerline of the adjacent roadway nor shall it exceed 15 feet in length. A maximum of 60 square feet per sign and no more than two faces per sign structure shall be allowed. (c) Ground signs shall be placed no closer than 15 feet from the front property lines or 50 feet from the side property lines. A ground sign shall be erected in a landscaped area. The landscaped area shall be equal to no less than the height of the sign in all directions from the sign face and front end and a minimum of three feet from the rear of the sign. The area shall be planted with appropriate vegetation and automAlic irrigation by the property owner and shall comply with chapter 98. (Code 1987, § 155.09) Sec. 110 -37. Flat/wall signs (a) Buildings located on a site which has at least 100 feet of property line on the public right -of -way shall be allowed one flat/wall sign for identification. (b) A flat/wall sign installed on a building, which identifies the building or one principal tenant, shall be parallel to the surface of the wall on which it is painted or attached and shall CD110:6 SIGNS i § 110 -38 not project more than 12 inches from such wall surface. The total area of the sign face shall not exceed three percent of the face area of the elevation below the fourth floor line or 30 feet above the centerline of the adjacent street, whichever is less. The area of the sign face may be increased two percent for each additional 50 feet of setback from the property line in excess of the minimum required for the wall upon which the sign is applied. The maximum sign area increase shall not, however, exceed seven percent or a total sign area of ten percent. VI/ W In addition to the ground or flattwall sign which indicates the purpose of the building, an occupant of a portion of a building whose space is directly accessible from the exterior of the building at ground level is allowed one flat/wall sign for each elevation facing a public right -of -way and/or the primary entranceway, not to exceed two face elevations. Such flat/wall signs shall not exceed five percent of the gross area of the described elevations of the tenants' space. Signs shall not be located higher than the second floor line elevation or top of the parapet of a one -story building. All such signs shall be of uniform type, color, and material. (1) Cabinet type signs shall be of the same shape and style. (2) Channel letter type signs shall be of the same style, letter height not to exceed 24 inches, maximum two lines of copy. (d) In addition, a window sign not to exceed `five percent of the gross glass area of elevation may contain the name of the occupant, hours of business operation, open/closed designations, credit card designations, and telephone numbers shall be permitted, and 15 percent of the gross glass area of elevation may further be used for the specific advertising of goods and services, not to exceed 100 square feet. Materials utilized in signage comprising the 15 percent allowable area for goods and services must be of a permanent nature. Use of cardboard or paper materials temporarily affixed to the glass is prohibited. (e) Menu sign. A menu sign is a temporary sign used to inform the public of the list of dishes or foods available in a restaurant along with the corresponding prices. A window menu must be framed or matted and its area will not be applied toward the 15 percent ofd the gross glass area. The sign may also indicate if the restaurant is open and list the hours of 'operation of the restaurant. (1) One menu sign is allowed for each restaurant. (2) The sign shall not exceed four square feet in area. (3) The sign shall be enclosed in a casing attached to the building. The casing "design and color shall be architecturally compatible with the building design and color. The casing shall extend no more than two inches in depth away from the wall to which it is attached, which shall be the owned, rented, or leased premises. (Code 1987, § 155.10) Sec. 110.38. Directional signs (on site). (a) The maximum of one double -faced sign of no greater than four square feet on face or higher than four feet above the adjacent paving for each authorized curb cut shall be allowed to direct traffic to any building on the property. In addition, one exterior menu sign shall be CD 110:7 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 7, 1999 Date Prepared: September 20, 1999 SUBJECT /AGENDA ITEM: Resolution 102, 1999, approving signage and lighting plans for Parcel 3 at The Commons mixed -use development, which is to be located on the south side of PGA Boulevard west of Hickory Drive (Petition MISC- 99 -21). RECOMMENDATION /MOTION: Staff recommends approval of the signage plan and lighting plan, with conditions, and approval of one sign waiver request and denial of one sign waiver request. Reviewed by: Originating Dept.: Costs: $ Council Action: �G Total City Attorney: �y� Growth ( ] Approved 5 ° Management Finance: N/A ACM: q�_el $ Current FY [ ] Approved w/ conditions �^ ' [ ] Denied Human Res: N/A Advertised: Funding Source: [ ] Continued to: Other: N/A Date: [ ] Operating Attachments: Paper: 1.Resolution 102, 1999 [ ] Other 21ocation'maps ( X ] Not Required 3.Memorandum from Submitted by: T. Jacobs dated 7/28/99 4.City Code sections 110 -36 & 110 -37 Growth Management Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ X ] Not required City Council `f October 7, 1999 Page 2 BACKGROUND: Parcel 3 at The Commons is a 12.2 -acre tract of vacant land located on the south side of PGA Boulevard, immediately east of Hickory Drive (see attached location map). The northern 9.6 acres of the site has a future land -use designation of MXD- Mixed Use. The southern 2.6 acres has a future land -use designation of RH - Residential High Density. The zoning is Mixed Use — Planned Unit Development. The surrounding land uses are: North — PGA Boulevard and vacant land planned for Mixed Use East - vacant land, which is zoned Commercial South — PGA National Golf Club Estates Plat 1 residential community West - vacant land, to be developed as Parcel 2 of The Commons I The Channing Corporation owns the subject property and is proposing to develop the north section of the parcel as a mixed -use development with a mix of retail, restaurant, residential and office uses, including general and medical offices. The development is proposed to include 21 townhomes, 32 apartments, 22,609 square feet of general office, 5,420 square feet of medical office, 32,861 square feet of general retail, and 11,560 square feet of restaurant. Parcel 3 is to be developed in a single phase. On February 11, 1999, the City Council adopted Ordinance 9, 1999 approving Parcel 3 as a mixed -use planned unit development at The Commons. The following two conditions of approval in that ordinance require additional plans to be approved by the City Council: "10. The project signage package shall be subject to review by the City Council for its consideration of approval. 23. Prior to the issuance of the first building permit, lighting around bicycle racks, telephone kiosks, obelisks and all four sides of the mixed -use buildings including garage areas shall be included on the construction plans." The applicant is now requesting approval of signage and lighting plans for Parcel 3 in accordance with these conditions of approval.I PROJECT DETAILS: Signage The applicant is proposing a signage program that includes the following: i City Council October 7, 1999 Page 3 *two ground signs on a clock tower. *one building identification sign on each building (total of twelve signs). *two wall signs for each tenant space. *perpendicular occupant signs for each tenant space. These proposed signs are allowed by the City's sign regulations, except for the height of the two sign faces on the clock tower and the two wall signs per tenant. The two signs on the clock tower are considered ground signs and would be approximately 15 feet in height. However, Section 110 -36 of the City's sign regulations requires that a ground sign can not be higher than ten feet in height (measured from the centerline of the adjacent roadway). A copy of the referenced section is attached. Section 110 -37(c) of the City's sign regulations allows two wall signs for tenant space that has an exterior door and the space faces more than one public road right -of -way. A copy of the referenced section is attached. The applicant is requesting two sign waivers: Waiver Request #1 is to allow each tenant space to have two wall signs; one on the north building facade facing PGA Boulevard and one on the south building facade facing the parking area. 2. Waiver Request #2 is to allow Parcel 3 to have a double -faced ground sign that is 15 feet high and attached to a clock tower. The proposed sign height is five feet higher than the City's sign regulations allow for ground signs. Photometrics / Lighting The applicant's photometric or lighting plan indicates the proposed lighting 4s above the minimum requirement of 0.6 foot - candles, but it is not below the maximum level of 10 foot - candles. The applicant has stated that there are a few areas where the levels are slightly over the 10 foot - candle maximum, but these points will not affedt the parking areas or the overall lighting quality of the project. Furthermore, the photometric plan does not currently include the landscape lighting. The landscape lighting cannot be included in the photometric plan because this lighting does not shine down on the ground; therefore, it cannot be measured in photometric computer software packages. The applicant does, however, agree to the proposed condition of approval that the light heads for the landscape uplighting shall not exceed 150 watts. City Council October 7, 1999 Page 4 STAFF COMMENTS: Engineering has made comments regarding this petition (see attached letter dated July 28, 1999). Two of the comments involved the fact that there are "hot spots" shown on the photometric plan, and that the landscape lighting and building wall- mounted lighting were not included on the photometric plan. The applicant has addressed these comments, as indicated above. The other comments were that stop signs, stop bars, "stop" pavement markings, and a north arrow need to be shown on the photometric plan. The applicant has revised the photometric plan to include a north arrow, and has stated on the plan that all stop signs, stop bars, and "stop" pavement markings are shown on the approved site plan of record. The Growth Management Department is recommending a condition of approval that prior to the final certificate of occupancy, the applicant shall have a photometric specialist check Parcel 3 and certify that there are no areas that exceed the allowable lighting limits. STAFF RECOMMENDATION: Staff recommends approval of the signage and lighting plans referenced in Resolution 102, 1999, which contains the following conditions of approval: 1. Prior to the final certificate of occupancy, the applicant shall have a photometric specialist check Parcel 3 at The Commons and certify to the City that there are no areas on site that exceed 10 foot - candles. 2. The light heads for the landscape uplighting shall not exceed 150 watts. Staff recommends approval of Waiver Request #1 to allow each tenant space to have a wall sign on the north building facade facing PGA Boulevard and a wall sign on the south building facade facing the parking area. Two wall signs are needed because the tenant spaces face both PGA Boulevard and the parking area. Staff recommends denial of Waiver Request #2 because the requested height of 15 feet for two ground signs is not consistent with the purpose and intent of the City's sign regulations. Staff has actively sought to make all the signs in the City conform to the City's sign regulations. j g /short: misc9921.cc.doc September 20, 1999 RESOLUTION 102, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING SIGNAGE AND LIGHTING PLANS, WITH CONDITIONS, FOR PARCEL 3 AT THE COMMONS; APPROVING TWO SIGN WAIVERS FOR PARCEL 3 AT THE COMMONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance 9, 1999, on February 11, 1999, approving a planned unit development (PUD) application for Parcel 3 at The Commons; and WHEREAS, the City has been requested to approve signage and lighting plans for Parcel 3 at The Commons, in accordance with the above ordinance; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves signage and lighting plans for Parcel 3 at The Commons PUD. This approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Photometric Plan dated August 23, 1999, by Bob Bransome of CALCS, Sheets SL3E & SL3W (two sheets total). 2. Exterior Signage Elevations dated August 16, 1999, by Oliver - Glidden & Partners, Sheet SD Al (one sheet). 3. Signage Site Plan dated August 16, 1999, by Oliver - Glidden & Partners, Sheet SD SP3W & SD SP3E (two sheets). 4. Exterior Elevations dated April 12, 1999, by Oliver - Glidden & Partners, Sheets A -14, A -3.2, & A -3.3 (three sheets). 5. "C" Building Type dated April 12, 1999, by Oliver - Glidden & Partners, Sheet A -4 (one sheet). 6. "D" Building Type dated April 12, 1999, by Oliver - Glidden & Partners, Sheet A -5 (one sheet). The lighting plan approved by this resolution is subject to the following conditions of approval, which shall apply to the applicant and any future successors or assigns: 1. Prior to the final certificate of occupancy, the applicant shall have a photometric specialist check Parcel 3 at The Commons to certify to the City that there are no areas on site that exceed 10 foot - candles. 2. The light heads for the landscape uplighting shall not exceed 150 watts. Section 2. A PUD waiver is hereby grantA from City Code section 110 -36, which limits the height of ground signs to ten feet. The approved waiver is to allow two ground signs mounted on a clock tower at a height up to 15 feet. Section 3. A PUD waiver is hereby granted from City Code subsection 110- 37(c), which allows more than one wall sign only for tenant space that faces more than one public r right -of -way. The approved waiver is to allow each tenant space to have one wall sign on any adjoining building facade that faces a road or parking area. Section 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE DAY OF 1999. ATTESTED BY: LINDA V. KOSIER CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g \short: misc9921.re.doc JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CAROLE W. POST CITY ATTORNEY AYE NAY ABSENT rNIS ro � dP Y9 F 3 P,�Yr��iJi Te ' t s N Mid 1UN01BEACH "fP.RE E NORTH I q I I `-----��,, ■NP PALM BEACH I I dl I a•II+1MR i I " I HEIGHTS \ i € = H ^• 1I C yIw Focc£RN£Ao PLAZA arFrcF scot �i.- /a�io9" SEA OATS �■ crrr .aa 1 DONALD: ROE r II �� rlq I± : --11OZ UMrts • 00 I� n u �E -- .W SOLURf •-,j Ross sko wNC .7fASTLA s 1 fRENCHMAN Y cD1(/LNTa CREEK I � i �11 ASTIOIN/E I CREEK ■ ow ^ W I CCIMw I GOB IMP 1$ COIMSE ,{ CLUB I ■ P I � � • 95 � I O � F9E. CHMAN'S COVE —,C C c Scum OLE :.A_: I SfWPPrNG I I g � ♦ ._ -_ .._ I,P- I G1CVa°°a" - IS.T . .l_ll. l ... — y, ^ES i �Tg B . CAMPGRrA& 1 l a u MOOD RD FiESCHME �� a t SJi I�� • a I tAN01NG B r� -f = UNO WATERTCF Y AT�W �s = - d - - - • + A Q " � inwrK . o �11 HAR A. M -- Z _ CEPI Q e FIRE G�.+r ^" W M STWOOD 3:FOENS EAGL GARDEN tgNq n. NO LAKE WOODS A K A WER UT A LIMITS DR Ri■ M a i T • 1 • SiC fI AML �' 1 r I • I �}t I cr� �. 1 SHADY . _ MEADOwsEs i lAl(ES _ I MHP .4 / I o i ( --- 3 WINCHESTER f ' I` NA4 .it neusr�clP i OR 1 x i GARDEN COURTS �p 786 BLVD aR Nn•e ■ r .. i THE `i I = POSf■ OR/VFR NORrNCpuNT■Y �•:•., ;[01'A PLAZA TL_ SIP— 111 - I 'ARDENS ° I 1 TANGLEWOOD OFFICE LICEN$y5 (OURINOUSE PALM BEACN Sr/ONMG U' LN j 80F'WOODdE1VinY! ' fl„ i LAKE$ P LOENMAN'S I UN/OR COLLfGFf ,SFNTEP uQuSN �c PLA lu L ), .. p I ®tENTTER� P-1 - ; GARDENS b` s L>wy�� it Irllr lq I WnDEN SNOP"S i ulmlrol ST SHOP vl QM ■`: UNrrfO R A. 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NORTH KEM�._ -------------------'-�--- --- _ ° BR _ - yI� J ` S P CENF }g� 1 � YI OF' �!J �d{I,� _-�SN(�°MNG C t p $afA U:r NORTE- ��P{'a: r� C {NEFR Z ° I ai . , r AL7- � ` / ¢ I EACH I I 'T C `•_'1 EIS . \E GARDEN$~ y I w • SOUARF K / 1 c ) 10.• I �...i9i9i9q $ANDbf� Vo iaTEwA+ $ fit LTRfE j .r R. , _... 01 A ■ ■ lot i THE COMMONS - PARCEL 3 'Cr . � Palm Beach Gardens, FL Approximate T .nt+atinn Man .Tune 12. 199R 1a11= i Mile — do ' ail El In it Ir HOOD RD WESTERN PU[ w Y d Z N Q O J .T.S. ' 5/15/98 I r e THE COMMONS EXHIBIT 1 EASTERN PUDs PROJECT LOCATION DEVELOPMENT APPLICATION City of Palm Beach Gardens . Planning and Zoning Department 10500 N. Military Trail, Palm Beach Gardens, FL 33410 (561) 775 -8295 Reauest Planned Unit Development Annexation Amendment To PUD /Site Plan Rezoning Conditional Use Site Plan Review Amendment to the Comprehensive Plan Concurrency Certificate XX Other (Explain) MiscellaneQu$ Apprpval Time Extension Project Name PGA CommonsNrcel'3 1/ Date June 28. 1999 Sienaize Prograi /Aiehtiniz Photometx#r,$ Site Informatipn; Acreage 12.266 Address Southeast comer of the Hickory Drive and PQJA, Boulevard Township 42 Section .. 12 Range 42 Estimated Present Population N /A, Estimated Future Population N/A Current Zoning PUD Requested Zoning No Change R�► Current Comprehensive Plan Land Use Designation MXD/RM Requested Land Use No Change Existing Use N/A Proposed Use N/A Proposed Square Footage By Use N/A Proposed Number of Dwelling Unit(s) N /A, Owner ChanninQ Corporation XXX Applicant (if not Owner) Same Agent (if not Owner) URBAN DESIGN $TUDJQ Agent's Mailing Address 2000 Palm Beach Lakes Blvd.. Suite 600. West Palm Beach, FJ 3 409 Agent's Telephone Number (561) 6$9 -0466 FAX Number (561)"89-0551 Architect N/A Engineer N /A, Planner N /A, Landscape Architect N /A, FOR OFFICE USE ONLY, Petition Number Date & Time Received Fees: Application $ Engineering $ REVISED 9 -11 -92 Receipt Number Date Application Complete JUSTIFICATION EXPLANATION Information concerning all requests (Attach additional paper if insufficient space) (Section 159.111(C)(6)) 1. Explain the intent of the request This is a request for the approval of the Sigange Proeram fpr Parcel 3 of The Commons PUD, which was approved by the, City Council through the adoption of Ordinance 9, 1999, This request for approval is in compliance with condition number ten (10) of Ordinance 9. 1999, In addition. the petitioner is also 'requesting the approval of the Lighting Photometric plan for this same site. i 2. What will be the impact of the proposed change on the surrounding area? There is no impact on the surrounding area as a result of this request I 3. Describe how the rezoning request complies with the following elements of the Comprehensive Plan: Future Land Use, Traffic Circulation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental Coordination and Capital Improvement. This request is for approval of a signage program and lighting ohgtometric plan, The approved development is consistent with all elements of the Future Land [J$e Plan, IV. Landscape and Preservation Submittal Package. N/A F 1 LE No . 5b4 WAS l ":fil (fig: W 1 U: Uh b:W Lt51 UN 5 I UU 1 U MEMORANDUM TO: John Lindgren City Planner FROM: Marty R.A. Minor y%%r DATE: August 31, 1999 RE: PGA COMMONS PARCELS 1, 2, AND 3 SIGNAGE PACKAGE UDS REF.:# 17024.06 t-HA :onll .+ W F1 -Ilat �/ . ,, Urban Resign Urban Planning Land Planning Landscape Architecture Communication Graphics As we discussed, I would like to address your question regarding the August 23, 1999 letter from Heti y Skokowski on the atxive- referenced project. We are requesting a waiver from Section 110 -37(c) of the City Sign Code to allow individual tenants in each of the parcel's mixed use buildings to have up to two signs. It is propos d that each tenant may have a sign facing north, adjacent to PGA Boulevard, and a sign facin ;south toward the project parking lots. The standard retail establishment has tenant signs facing the adjacent roadway(s) and the parking lot, so as to db-ect patrons to the individual business. In these standard retail establishme6s, the parking lot for customers is located in front of the buildings. As you are aware, the innovative design of the project places the parking for the mixed use portion at the rear of the buildings. The waiver request to allow tenant signage on the south (rear) side of the buildings, adjacent to the parking lot, will direct patrons to the individual business located within the mixed use buildings. i As I requested during the telephone conversation, we ask to remain on the September 16, 1999 City Council meeting. If there is anything I can do to aid you in accomplishing this, please let me know. s CD aeo G� � a C; Joel Chroming (art °fie 1199 Henry Skokowski U: 1( 8)MMU!J1tu6i1iTd`urnrrxm�ISi�pi WdverttequaA,UN} IV).wpd ni 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 3340"582 581.688.008tt 561.689,0551 fax Irvine, CA 714.480.8131 Lh LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORAND TO: Kim Glas FROM: Tammy Jacobs DATE: July 28, 1999 SUBJECT: The Commons Parcel 3 r ��S 0 Garde t . n. (LBFH file No. 99 -4067) We have reviewed the photometric plan prepared by Urban Design Studio received July 6, 1999. We offer the following comments: L The photometric plan indicates that landscaping uplighting and building flood lighting were not included when calculating the foot - candles. City Council recently issued a directive to include the effects of all proposed lighting within the property when calculating foot - candles. This includes landscaping uplighting and building flood lighting. The applicant will need to revise the plan to include the effect of all forms of proposed lighting. 2. Sheet SL3E and SL3W each have six areas where lighting exceeds 10.0 foot - candles on the parking area surface. We recommend that the foot - candles be limited to 10.0 maximum foot - candles. 3. The parking lot between units 3 -6.D.1 and 3 -7.C.1 is partially shown. The plans need to show the entire parking lot and the appropriate signage associated with it. 4. Per Ordinance 9, 1999, condition number 13, the applicant shall provide additional stop signs in close proximity to unit 3 -5.A.2 for the eastbound and westbound travel lanes. 3. Please show north arrow. TJ /cj c: Roxanne Manning PAPBGMEM0\4067s.doc 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info @lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE § 110 -6 PALM BEACH GARDENS CODE removal shall be at the expense of the owner or lessee. The building official shall reinspect all signs erected within the city as often as he deeiks necessary. No fee shall be required for reinspection. (Code 1987, § 155.07) Sec. 110 -7. Design requirements. (a) All permanent signs shall be designed and constructed to withstand all loads and design factors of the city as prescribed by the building code for the city. (b) The building official shall require sufficient design data, when deemed necessary, to determine whether the sign complies with the applicable codes of the city. All 'permanent ground signs eight feet and abovegrade shall be certified by a state engineer, who shall submit sufficient design data to enable the building official to determine whether the sign complies with the applicable codes of the city. (Code 1987, § 155.08) Secs. 110 -8- 110 -35. Reserved. ARTICLE H. PERMANENT SIGNS Sec. 110 -36. Ground signs. (a) Any property with at least 300 feet of a property line abutting a public right -of -way shall be allowed a ground sign. An additional ground sign shall be allowed for each additional 700 feet of public right -of -way. The frontage of two or more public streets shall be additive to compute frontage. V"1b) A ground sign structure shall not exceed ten feet in overall height above the centerline of the adjacent roadway nor shall it exceed 15 feet in length. A maximum of 60 square feet per sign and no more than two faces per sign structure shall be allowed. (c) Ground signs shall be placed no closer than 15 feet from the front property lines or 50 feet from the side property lines. A ground sign shall be erected in a landscaped area. The landscaped area shall be equal to no less than the height of the sign in all directions from the sign face and front end and a minimum of three feet from the rear of the sign. The area shall be planted with appropriate vegetation and automatic irrigation by the property owner and shall comply with chapter 98. (Code 1987, § 155.09) Sec. 110 -37. Flattwall signs (a) Buildings located on a site which has at le''st 100 feet of property line on the public right -of -way shall be allowed one flat/wall sign for identification. (b) A flat/wall sign installed on a building, which identifies the building or one principal tenant, shall be parallel to the surface of the wall on which it is painted or attached and shall CD 110:6 SIGNS § 110 -38 not project more than 12 inches from such wall surface. The total area of the sign face shall not exceed three percent of the face area of the elevation below the fourth floor line or 30 feet above the centerline of the adjacent street, whichever is less. The area of the sign face may be increased two percent for each additional 50 feet of setback from the property line in, excess of the minimum required for the wall upon which the sign is applied. The maximum sign area incre shall not, however, exceed seven percent or a total sign area of ten percent. win addition to the ground or flattwall sign which indicates the purpose of the building, an occupant of a portion of a building whose space is directly accessible from the exterior of the building at ground level is allowed one flattwall sign for each elevation facing a public right -of -way and/or the primary entranceway, not to exceed two face elevations. Such flattwall signs shall not exceed five percent of the gross area of the described elevations of the tenants' space. Signs shall not be located higher than the second floor line elevation or top of the parapet of a one -story building. All such signs shall be of uniform type, color, and material. (1) Cabinet type signs shall be of the same shape and style. (2) Channel letter type signs shall be of the same style, letter height not to exceed 24 inches, maximum two lines of copy. (d) In addition, a window sign not to exceed five percent of the gross glass area of elevation may contain the name of the occupant, hours of business operation, open/closed designations, credit card' designations, and telephone numbers shall be permitted, and 15 percent of the gross glass area of elevation may further be used for the specific advertising of goods and services, not to exceed 100 square feet. Materials utilized in signage comprising the 15 percent allowable area for goods and services must be of a permanent nature. Use of cardboard or paper materials temporarily affixed to the glass is prohibited. (e) Menu sign. A menu sign is a temporary sign used to inform the public of the list of dishes or foods available in a restaurant along with the corresponding prices. A window menu must be framed or matted and its area will not be applied toward the 15 percent of the gross glass area. The sign may also indicate if the restaurant is open and list the hours of operation of the restaurant. (1) One menu sign is allowed for each restaurant. (2) The sign shall not exceed four square feet in area. (3) The sign shall be enclosed in a casing attached to the building. The casing design and color shall be architecturally compatible with the building design and color. The casing shall extend no more than two inches in depth away from the wall to' which it is attached, which shall be the owned, rented, or leased premises. (Code 1987, § 155.10) Sec. 110.38. Directional signs (on site). (a) The maximum of one double -faced sign of no greater than four square feet on face or higher than four feet above the adjacent paving for each authorized curb cut shall be allowed to direct traffic to any building on the property. In addition, one exterior menu sign shall be CD110:7 l 28 I CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date of Meeting: October 7, 1999 Date Prepared: September 27, 1999 Subject /Agenda Item Resolution 117, 1999 — Amending BallenIsles Parcel 28 (Clubhouse, Tennis Center & Maintenance Facilities) Recommendation /Motion: Staff recommends approval of Resolution 117, 1999. Reviewed by: n �y Q �/ Originating Dept.: Costs: $ Total Council Action: City Attorney v v rowth Management [ ] Finance NA ACM � y� � �� $ Current FY [ ]Approve ',d w/ conditions [ ]Denied ' Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other — Resolution 117, 1999 — Applicant Letter - Location Map ] Not Required -Site Location —Site Plan Submitted by: J �'M r' Ment Growth Mana ei ir dcto r'W g Affected arties P [ ] Notified Bud et Acct. #: g [ ] None Approved by: City Manager [ ] Not required REQUEST: 6 Consideration of approval for Resolution 117, 1999,d request by BallenIsles Development Co., for minor amendments to the clubhouse, tennis center and the maintenance facilities, which are located in Parcel 28. Parcel 28 is located on the east side of BallenIsles Drive, approximately '/2 mile south of the intersection of BallenIsles Drive and PGA Boulevard. (11- 42S -42E) BACKGROUND The BallenIsles Planned Community District was originally approved by Ordinance 8, 1989. Parcel 28 was included in the Master Plan. Since the creation of BallenIsles PCD, there have been a number of amendments to Parcel 28. These include: 1. Resolution 94, 1989: approval of temporary tennis facilities 2. Resolution 85, 1990: demolition of existing clubhouse; addition of new clubhouse, tennis and fitness center 3. Resolution 30, 1993: approval of clubhouse expansion from 75,530 s.f. to 104,658 s.f. 4. Resolution 42, 1994: approval for 14,324 s.f. expansion to tennis and fitness facilities 5. Resolution 137, 1994: provision of an additional trailer for office space and a retail golf pro -shop 6. Resolution 70, 1995: approval for minor changes to clubhouse and corresponding landscaping, parking and traffic circulation patterns. 7. Resolution 25, 1996, Resolution 84, 1997 & ADMIN- 97 -28: approvals for temporary trailers (expires in September of 2003) REVIEW PROCESS: 4 This request has been classified as a Miscellaneous petition since it is not applicable to the development review processes outlined in Section 118 of the City Code. The changes are greater than can be approved administratively and less than what would be considered an amendment to a site plan. The City Council has the authority to approve the request, approve with conditions or deny the request. PROJECT DETAILS: The applicant is requesting three amendments. The first is an addition of a white awning to the rear of the clubhouse (north elevation). The awning will match the existing bag drop awning and will cover a portion of the existing outdoor terrace area (pictures to be provided at this meeting). It will provide rain and sun protection for clubhouse members and will be constructed with all required building and safety codes. The second amendment is an 1328 s.f. expansion to the second floor fitness facility at the tennis and fitness center (see partial site plan attached). The expansion is to allow existing members more room to exercise and is not expected to generate new member applications) The 1328 s.f. addition requires 5 parking spaces. Since the site has 97 more parking spaces than are required by code, the applicant does not need to provide more spaces. The addition will be located at the apex of the wings of the building. A Reclinata Palm in this area will be relocated elsewhere on BallenIsles property. The proposed architectural style, colors and materials will be matched to 2 the existing building. The proposed additions will not be visible from the western or southern sides of the building and will be screened from view by existing landscaping. The third amendment is a request for two open air roofed /pavilion areas at the east maintenance facility. One of the proposed pavilions will be a freestanding structure covering 2000 s.f. The second covered area will be a 4800 s.f. expansion of the existing covered work area of the main building. Both pavilions will provide sun and rain protection for the large maintenance equipment. The colors and materials of these pavilions will be consistent with the existing buildings. The existing maintenance area will not be enlarged and no new employees will be added. Due to the thickness of the existing landscaping, the pavilions will not be visible from outside of the fenced areas (pictures to be provided at this meeting). The new pavilion area facing the driving range will be 5 feet from the lot line and another 10 feet from the driving range. This setback matches the existing setback of the maintenance facility. The 2000 s.f. pavilion area will be set back 25 feet from the lot line of Parcel 28. The applicant has provided documentation that the requested changes will not result in any increases in traffic to the site. RECOMMENDATION: Staff recommends approval of Resolution 117, 1999 with one condition of approval: 1. The applicant shall ensure that the maintenance equipment is screened from view along the internal roadway. (Code Enforcement) 3 TABLE I EXISTING ZONING AND. LAND USE DESIGNATIONS PETITION: BALLENISLES CLUBHOUSE/TENNIS/MAINTENANCE MODIFICATIONS `D 61v�� Golf Subject Property : Planned Community District BallenIsles PCD, Parcel 28 (PCD) (G) Golf (G) & North : Planned Community District Golf Course & (PCD) & Residential Low (RL2) Residential Low (RL) Woodland Lakes Planned Community District Golf South : Golf Course (PCD) (G) Planned Community District Golf East : Golf Course Driving Range (PCD) (G) West : Golf BallenIsles Drive & Golf Planned Coummunity District (G) Course (PCD) September 27, 1999 RESOLUTION 117, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF MODIFICATIONS TO BALLENISLES PARCEL 28, WHICH INCLUDES THE CLUBHOUSE, TENNIS & FITNESS CENTER, AND EAST MAINTENANCE FACILITY, LOCATED ON THE EAST SIDE OF BALLENISLES DRIVE APPROXIMATELY '/2 MILE SOUTH OF THE INTERSECTION OF BALLENISLES DRIVE AND PGA BOULEVARD, IN THE BALLENISLES PLANNED COMMUNITY DISTRICT; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from BallenIsles Development Company to approve minor modifications to BallenIsles Parcel 28, which includes the Clubhouse, Tennis & Fitness Facility, and East Maintenance Facility located within the BallenIsles Planned Community Development; and WHEREAS, BallenIsles Parcel 28 was originally approved by Resolution 85, 1990, and subsequently amended by Resolution 30, 1993, Resolution 42, 1994, Resolution 137, 1994, Resolution 70, 1995, Resolution 25, 1996, and Resolution 84, 1997; and i WHEREAS, the proposed modifications are consistent with the BallenIsles Master Plan; and WHEREAS, the applicant has provided documentation and assurances that these changes will not result in any increase in traffic to the site; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves minor modifications of BallenIsles Parcel 28, which includes the Clubhouse, Tennis & Fitness Center and the East Maintenance Facility, located within the BallenIsles Planned Community Development. The modifications include adding an awning to the north elevation of the Clubhouse, adding 1328 s.f. of space to the second floor of the Tennis & Fitness Facility, and adding two open air roofed /pavilion areas to the Golf Maintenance Facility. Section 2. Said approval shall be subject to the following condition, which shall be the responsibility of the applicant, its successors and /or assigns: 1. The applicant shall ensure that the maintenance equipment is screened from view along the internal roadway. (Code Enforcement) Section 3. Said approval shall be consistent with the following plans on file with the Growth Management Department: 1. Parcel 28 Site Plan by Urban Design Studio, Sheet 1, 7/8/99 2. BallenIsles Clubhouse Modifications Partial Floor Plan by D. William Beebe, Architect, Sheet CH -1, 3/16/99 3. BallenIsles Clubhouse Modifications Partial North Elevation by D. William Beebe, Architect, Sheet CH -3, 3/16/99 4. BallenIsles Tennis & Fitness Center Ground Floor Plan by D. William Beebe, Sheet A -1, 3/16/99 5. BallenIsles Tennis & Fitness Center Second Floor Plan by D. William Beebe, Sheet A -2, 3/16/99 6. BallenIsles Tennis & Fitness Center Elevations by D. William Beebe, Sheet A -6, 3/16/99 7. Golf Maintenance Facility Site Plan by Urban Design Studio, 1 Sheet, 7/8/99 8. Golf Maintenance Facility Elevations by D. William Beebe, Sheet A -2, 6/14/99 Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 5. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE DAY OF , 1999. JOSEPH RUSSO, MAYOR ATTEST: LINDA V. KOSIER Flow VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT I August 25, 1999 Mr. Jim Norquist b' uulV Principal Planner The City of Palm Beach Gardens 10500 North Military Trail urban Design Palm Beach Gardens, FL 33410 urban Planning Land Planning RE: BALLENISLES PARCEL 28 Landscape Architecture Communication Graphics (CLUBHOUSE/TENNIS/MAINTENANCE FACILITY) Dear Jim, I am writing this letter to follow up on a conversation that you had with Anne Booth of my office regarding the proposed modifications to the BallenIsles Clubhouse parcel. As you know, we currently have an application under review with the City which is requesting approval to allow the expansion of the 2 "d floor fitness room of the Tennis/Fitness Facility and the construction of open air shelters within the East Maintenance Facility yard. In your discussion with Anne, you indicated that you would like confirmation of the following: that the proposed expansion to the fitness room is not intended to increase membership, but rather to provide existing members more space between machines and to allow updated exercise equipment to be installed. No new memberships are to be added as a result of this expansion. No additional traffic to the facility is expected. that the open air shelters proposed for the maintenance facility yard are to provide shelter for existing maintenance equipment from the sun and rain. These shelters are not intended for use as office space or to be occupied by employees and will not generate traffic. that the Development Order does not include any conditions of approval which would trigger the requirement of internal operational improvements as a result of this application. I can confirm that all of the above statements are true. I hope that this letter adequately addresses your needs with regard to any concerns that you may have had with regard to additional traffic which could have potentially been generated as a result of this application. 1 u should need any further information from me in this regard, please let me know. Sincerely, cA cptee� 6 X99 Urban Design Studio 4 Henry Skokowski, AICP Principal 2000 Palm Beach Lakes Boulevard cc: Roy Davidson John Tiffany Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 o�oa 1�0 o� o Oo_ eoO BALLENISLES August 25, 1999 Mr. Jim Norquist Principal Planner The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 RE: BALLENISLES PARCEL 28 (CLUBHOUSE/I'ENNIS/MAINTENANCE FACILITY) Dear Jim: At your request, please accept this letter as confirmation that the intended use of the proposed expansion of the Fitness room located at the Tennis/Fitness Center is to allow existing members additional room to work out as well as room for the installation of updated fitness equipment. Please be assured that this proposed expansion is not being constructed to allow additional members to join the facility. I appreciate your consideration with regard to this issue. 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Smith ii Human Resources Analyst DATE: September 28, 1999 SUBJECT: Executive Summary of Proposed changes T999- -2000 Job Classification and Salary Plan Below is a summary of job classification changes for the budget year 1999 -2000. Department Position Issue/Discussion Administration/City Clerk Network Administrator Title change from MIS Manager Management Administrator Title to be deleted — no budgeted position Public Information Officer Increase salary range from 26 to 28 Citizen Service Assistant Change from Exempt to Non - exempt, and change title from Citizen Service Specialist Growth Management Plans/Permit Technician Reclassified from Admin. - Building division Secretary I Admin. Secretary I 2 positions reclassified Permits Clerk Reclassified from Admin. Secretary I - Planning & Zoning divsn. Principal Planner /Adm. & New position Research Police Police Lieutenant Change salary range per contractual agreement Police Sergeant Change salary range per contractual agreement Police Officer Change salary range per contractual agreement Evidence Custodian New position Lead Communications Title deleted; assignment Operator pay only now Emergency Change salary range per Communications Operator contractual agreement D:VvIMmemoIrm Department Position Issue/Discussion Fire Fire Captain Salary range pending contract negotiations EMS Captain Salary range pending contract negotiations Fire Lieutenant Salary range pending contract negotiations Corporal (Driver Engineer) Salary range pending contract negotiations Firefighter/EMT Salary range pending contract negotiations Fire Medic - Salary range pending contract negotiations Community Education Title change from Public Specialist Education Specialist Fire Inspector Salary range pending contract negotiations Parks & Recreation and Maintenance IV/Lead Salary range pending Public Works contract negotiations Maintenance III Salary range pending contract negotiations - Maintenance II Salary range pending contract negotiations General Maintenance Salary range pending contract negotiations cc: Richard Diamond, Acting Human Resources Director DAMLSVnemo.frm RESOLUTION 122, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A WAGE AND COMPENSATION PLAN FOR JOB CLASSIFICATIONS FOR THE PERSONNEL PROGRAM OF THE CITY OF PALM BEACH GARDENS, FLORIDA; PROVIDING FOR REPEAL OF ALL RESOLUTIONS IN CONFLICT OR PARTS OF RESOLUTIONS IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. -WHERHArS; the - Qty- Oouncil authorized a study to be done on the wages and compensation of job classifications within the Personnel Program of the City, per Section 3 -24 of the Personnel Program; and WHEREAS, the City Council has reviewed and approved said study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council hereby adopts a wage and compensation plan for job classifications within the Personnel Program of the City of Palm Beach Gardens, Florida, as attached hereto and incorporated herein as Exhibit "A ". SECTION 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER, 1999. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO Approved as to Form and Legal Sufficiency. City Attorney AYE NAY ABSENT __ INTEROFFICE MEMORANDUM ' TO: Bobbie Herakovich, City Manager FROM: Mary L. Smith Human Resources Analyst DATE: September 28, 1999 SUBJECT: Executive Summary of Proposed changes 1999 -2000 Job Classification and Salary Plan Below is a summary of job classification changes for the budget year 1999 -2000. Department Position Issue/Discussion Administration/City Clerk Network Administrator Title change from MIS Manager,chg from 26 to Management Administrator Title to be deleted — no budgeted position Public Information Officer Increase salary range from 26 to 28 Citizen Service Assistant Change from Exempt to Non - exempt, and change title from Citizen Service Specialist Growth Management Plans/Permit Technician Reclassified from Admin. - Building division Secretary I Admin. Secretary I 2 positions reclassified Permits Clerk Reclassified from Admin. Secretary I - Planning & Zoning divsn. Principal Planner /Adm. & New position Research Police Police Lieutenant Change salary range per contractual agreement Police Sergeant Change salary range per contractual agreement Police Officer Change salary range pet contractual agreement Evidence Custodian New position Lead Communications Title deleted; assignment Operator pay only now Emergency Change salary range per Communications Operator contractual agreement D:\MLSVnemoXrm rev. 10/4/9S Department Position Issue/Discussion Fire Fire Captain Salary range pending contract negotiations EMS Captain 'Salary range pending contract negotiations Fire Lieutenant Salary range pending contract negotiations Corporal (Driver Engineer) Salary range pending contract negotiations Firefighter/EMT Salary range pending contract negotiations Fire Medic Salary range pending contract negotiations Community Education Title change from Public Specialist Education Specialist Fire Inspector Salary range pending contract negotiations Parks & Recreation and Maintenance IV/Lead Salary range pending Public Works contract negotiations Maintenance III Salary range pending contract negotiations Maintenance II Salary range pending contract negotiations General Maintenance Salary range pending contract negotiations cc: Richard Diamond, Acting Human Resources Director i D:\MI.S\memo.frm O a n CA Mob n O '0 2 0 \ 0 ML N O O O n m. 0 n S CL eD i � b � A � c� ro a 0 o' o via o V CT Cit O 'd� b C O � a a a a c � o L► fD (A . cy 0 ►s 0 ro 0 a ro o y 0 n 0 c� rZ N N O v U Cd O u w N 3-� b v u 0 a Cd v O c f O a 4, 44 O i L L ai L V 1° ty 0 y v U Q v "�' a Ox V v V N H O E "d 0O :3 G u v V b0'> Cd v .. r" .� u 1 x o p Cd -0 a O v of '"O cd cd C1. 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Q 0 O N � U 0� � O 0 O 0 cd 0 U M 14-4 0 p. cd 0 ¢, co to 40. 0 H . 0 cd Q U H U O • ° o, a id N Q N a� a p 0 ; N N p�O p �vctsi aka o x N °' °' C u a b w a� o a ° -0 W cts .. o -° U... o C5 Ei W 04 �? v O u cd U U 'U Op O Q Cd 0 a o bn 'al b `n U p U 01, p .r �i O N Q, vi .+, 'd U O y O 'O cd N cd O N O N (/ . ^ , N cd p In o a > Q 3 o b Q .° ° y o o 0 75 ° b4 p bb N rn bA Q, rte+ QU N W Q d b d = U O O 03 N O �' " , Q, w °° W u 04 C Q Q c�i ri 00 C� CITY OF PALM BEACH GARDENS 3704 BURNS ROAD • PALM BEACH GARDENS. FLORIDA 33410 -4698 PHONE (561) 775 -8274 • FAX (561) 775 -8279 MEMORANDUM TO: Bobbie Herakovich, City Manager FROM: Bob Patty, Director of Public Works DATE: September 27, 1999 RE: Solid Waste Authority Interlocal Agreement for Municipal Recycling and Grant Management BACKGROUND As you are aware, the current Interlocal Agreement dated September 21, 1994, between the City and the Solid Waste Authority is set to expire September 30, 1999. DISCUSSION The City desires to work in cooperation with the Authority to continue in the establishment of a Municipal Recycling Program toward the achievement and maintenance of the State recycling goals and the requirements of Chapter 403, Part IV, Florida Statutes. This Agreement establishes recycling programs, grant programs, and solid waste education programs. This Agreement shall be effective September 30, 1999, and continue through and including September 30, 2003. This Agreement may be terminated by the mutual written consent of both parties. RECOMMENDATION Staff recommends approval of the Interlocal Agreement with the Solid Waste Authority for municipal recycling and grant management. BP:RH.jbv cc: Richard Diamond, Assistant City Manager file Attachments: Three (3) Interlocal Agreements CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date prepared September 27,1999 Meeting date September 30,1999 Subject/Agenda Item: Interlocal Agreement for Municipal Recycling and Grant Management. Recommendation /Motion: Staff recommends approval of the interlocal agreement Reviewed by: Originating Dept.: Costs: E 0 Council Action: City Attorney XX PUBLIC WORKS Total [ )Approved Finance $ 0 [ ] Approved w /oondMons Current FY ACM XX ( ] Denied Human Res. Funding Source: [ ] Continued to: Advertised: Other SWA Date: [ ] Operating Attachments: Paper. [ X ] Other None Intedocal Agreement for Municipal Recycling and Grant Management Memo of 9/21/99 Submitted by:�^ Bob Patty [X ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #:: ( X ] None Approved by: City Manager [ X ] Not required Background: See attached Memorandum. INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING AND GRANT MANAGEMENT THIS AGREEMENT, made and entered into this day of , 1999 by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special district created pursuant to Chapter 75 -473, Laws of Florida, as amended, hereinafter called "Authority ", and the CITY OF PALM BEACH GARDENS, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called "City ", to enter into an Interlocal Agreement for Municipal Recycling and Grant Management in accordance with Chapter 403, Part IV, Florida Statutes. WITNESSETH: s WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and requirements in Palm Beach County, Florida, prescribed to a "county" pursuant to the provisions of Chapter 403, Part IV, Florida Statutes; and WHEREAS, Chapter 403, Part IV, Florida Statutes encourages counties to enter into Interlocal Agreements with municipalities to establish recycling programs and carry out recycling activities; and WHEREAS, the State of Florida ( "State ") has established a grant program for recycling and education projects; and i i WHEREAS, without making joint application with the Authority, the City may not be able to obtain a grant or would have to provide matching funds to receive any grant benefits; and WHEREAS, the City desires to work in cooperation with the Authority to continue establishment of a municipal recycling program toward achievement and maintenance of the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes. WHEREAS, on or about September 21, 1994, the parties entered into an Interlocal Agreement for Municipal Recycling and Grant Management; and WHEREAS, the parties desire to terminate said agreement and enter into this new Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the City and the Authority, it is agreed as follows: 1. City agrees to collect or to enter into a contract for the collection of Recyclable Materials as defined in Section 8. 2. City agrees to cooperate with the Authority in making a grant application to the State of Florida as defined in Section 15. 3. City agrees to cooperate with the Authority to provide all necessary and required information to the Authority so that the City and the Authority can determine if the City's a EJ G recycling program is meeting the requirements of the Authority's countywide recycling program and other applicable state and local laws. Recyclable Collection Service A. Residential Curbside and Containerized Service This provision applies to residential units receiving curbside or containerized solid waste collection service. Municipal or contract crews shall collect all Recyclable Materials (defined in Section 8) from residential units within the City. Promotional materials provided by the Authority may be distributed, informing the residents as to when and how the Recyclable Materials will be collected. No residents will be excluded from recycling collection route because of infrequent participation, unless it is determined by the City and the Authority that the recycling collection is not feasible in a particular solid waste collection service area. Before excluding any residents from participation, the City will notify the Authority why it believes such residents should be excluded and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the City. B. Commercial Service This provision applies to commercial establishments located within the City's limits. Municipal or contract crews shall collect Recyclable Materials (defined in Section 8) from commercial units within the City. The Authority is available to provide informational/educational material and conduct waste audits when requested by the City. No business will be prevented from participating unless it is determined by the City and the Authority that the recycling collection is not feasible in a particular solid waste collection area. Before deleting any commercial establishments from participation, the City will notify the Authority why it believes such commercial establishments should be deleted and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the City. The City shall develop ;a plan which provides direct recycling collection services to the majority of the businesses within the City's limits, and will endeavor to include all commercial businesses. The Authority is available to assist in developing the plan or programs to achieve this goal, or to provide direct collection services on a cost basis when requested by the City. Collection Schedule The collection schedule shall have a minimum frequency of once per week for each Residential and Commercial Unit and shall be made on a day as determined by the City or Collector. Point of Collection Collection shall be at curbside, or within the public right -of -way adjacent to the paved roadway, or adjacent to /in the same location as designated for garbage /refuse collection. 7. Data Collection The City or its collector shall provide the Authority the following data each month for each route and collection crew: A. Total number of households or businesses on each route. 1 B. Number of households setting out any or all materials for the month. C. Total weight of residential materials and total weight of commercial material collected for the month. D. Residential and... -Commercial Material disposition, including date, type, and quantity of material discharged at each Authority designated facility. E. Collection hours. This data shall be submitted in a monthly report to the Authority's Recycling Department by the 15th day of the month following the end of each month. Data sheets shall be available from the Authority on request. All data and program information shall be retained for the period of the Agreement. The Authority has the right to request any additional collection or contract- related information from the City as may be required for the program. The City has the right to request quarterly progress reports from the countywide program. 8. Collection of Source - Separated Recyclable Material A. Residential Individual residents/homeowners shall be encouraged by the City to separate their solid waste into recyclables and nonrecyclables. Each residential unit or combination of units will receive the appropriate type and number of reusable containers, in accordance with the countywide recycling program, into which Recyclable Materials will be deposited. Commingled Recyclable Materials shall mean: Aluminum Containers, Aluminum Foil Products, Aseptic Packages, Gable - topped Containers, Glass bottles and jars (green, brown and clear), and all Plastic Containers. Commingled recyclables will be deposited into one of the appropriately designated reusable containers. Newspapers shall be placed loose in the other appropriately designated reusable container, and all residents shall be encouraged to place all other paper material, consisting of Magazines or Phone Books, in a Kraft bag and place in or near the Newspaper reusable container. Old Corrugated Containers shall be cut to an acceptable size and flattened, and for curbside residents, shall be set beside or in the same reusable container as the Newspaper. Residents receiving containerized service may receive a separate container to be used for the collection of Old Corrugated Containers. The Authority retains the right to modify the manner in which materials are set out for collection with proper notice to the City. Notice for a substantial change in collection method shall be no less than one year. Further expansion of designated materials is expected to commence January, 2000 (Phase II) and shall minimally include Junk Mail, Chipboard/Pressboard Paper and any other materials approved in writing by the City and the Authority. The Recyclable Materials are more specifically defined as follows and shall be prepared for collection in accordance with processing standards in paragraphs 1 through 13 below: (1) Aluminum Containers - aluminum beverage cans and containers (pet food, tuna, etc.), but not bi -metal containers. These containers shall be empty, rinsed and dry. (2) Aluminum Foil Products - any aluminum material, made solely of aluminum, other than aluminum containers. These items shall be rinsed and free of food contaminani's. Examples of acceptable items include aluminum foil, pie plates and T.V. dinner trays. (3) Aseptic Packages - poly- coated paperboard containers with aluminum liners, for example drink boxes. These items shall be empty, rinsed, straws removed and flattened. (4) Gable - Topped Containers - poly- coated paperboard containers, for example, milk cartons. These containers shall be empty, rinsed and flattened. (5) Glass - rinsed, whole green, brown and clear bottles and jars, but shall not include cooking ware, plate glass, safety glass, light bulbs,'ceramics and non -glass materials. Caps, lids, and any type of top shall be removed from the containers. Labels may remain on the containers. (6) Plastic Containers - Milk jug, water bottle, and laundry detergent containers (HDPE), soft drink bottles (PETE) and all other plastic containers (except styrofoam containers), empty, rinsed and dry, with tops, caps or lids removed. (7) Old Corrugated Containers - containers having liners of either test liner, jute or Kraft. These items shall be dry and shall not include any wax coatings, and shall be cut to an acceptable size, flattened, bundled and set beside containers or placed in the Newspaper reusable container. (8) Kraft Bags - brown paper grocery or shopping bags. These items shall be either filled as stated above, or folded and placed in the Newspaper reusable container. (9) Magazines - dry, coated magazines, catalogs and similar printed materials. These items may be placed in Kraft bags and placed in or near the Newspaper reusable container. 4 (10) Newspapers - newspapers, supplements, advertising and magazine sections (all of which would 'have been included with the newspaper), packed loose in the Newspapd, reusable container. (11) Phone Books - telephone directories made of paper. These may be placed in Kraft bags and placed in or near the Newspaper reusable container at any time during the year. (12) Junk Mail (Phase II) - means envelopes, flyers and correspondence received by residents through the U.S. Postal system. Items are to be placed in a container as agreed to by the City and the Authority. (13) Chipboard/Pressboard Paper (Phase II) - means folding paper cartons used for packaging. Examples include tissue, cereal and dry good packaging. Items are to be placed in a container as agreed to by the' City and the Authority. B. Commercial Individual businesses shall be encouraged by the City to separate their solid waste into two categories, recyclable and non - recyclable. Businesses contracting for services will arrange with the service provider to receive one or more containers into which recyclable material may be deposited. Acceptable materials for commercial recycling shall include Commingled Recyclable Materials, Old Corrugated Containers, Sorted White Ledger and Sorted Office Paper and any other materials agreed to in writing by the City and the Authority. Sorted White Ledger and Sorted Office Paper are more specifically defined as follows and shall be prepared for collection in accordance with the collection standards below. (1) Sorted White Ledger - white ledger or computer printout paper. Dry and free of contaminants. (2) Sorted Office Paper - office paper including letterhead, computer paper, legal paper, loose -leaf paper, copy and typing paper, a small percentage of groundwood computer printout and facsimile paper and 10% other commercially generated office paper including but not limited to newspaper, junk mail, magazines and catalogs. 9. Commercial Recycling Revenue Share As a further incentive for the City to actively pursue commercial recycling, the Authority and the City may enter into a separate agreerent to provide for payment to the City for all acceptable loads of agreed upon commercial Recyclable Materials. 10. Transportation and Equipment The City shall be responsible for having collected Recyclable Materials transported to an Authority designated facility, including, but not limited to, the Authority's North Materials Recycling Facility (NMRF), the Authority's Commercial Materials Recycling Facility (CMRF), one of five transfer stations, a Private Commercial Materials Recycling Facility (PCMRF) or any other sites designated by the Authority for recycling. The 5 Authority or its contractor shall receive, process, dispose and/or recover all Recyclable Materials delivered by or on behalf of the City, at no charge to the City, except for unacceptable loads as described below. Collection equipment must be of a type to provide for rear, side or front unloading and may be compartmentalized or in separate vehicles. 11. Improperly Prepared Recyclable Materials When a collector's crew encounters improperly prepared materials or nonrecyclable items, they must follow this procedure: a A. The collector shall pickup all Recyclable Materials except those contaminated by putrescible waste or those which cannot be safely retrieved from the reusable containers. Improperly sorted materials or contaminated materials will be left in the reusable containers or temporarily removed and returned to the reusable containers. The collector shall leave an Authority and/or City approved form on the material or in the container. The form will notify the resident or business that material has not been properly sorted, and will provide information on how to contact the City or Authority recycling coordinator for further information. Upon request of the City, the Authority will,provide rejection procedure training for the route drivers. The Authority and the City will consult and evaluate the extent of the need for such training, which shall be provided by the Authority. As a means of strengthening the City's ability to have the collector fulfill the City's recycling needs, the City agrees to notify and consult with the Authority when preparing the City's future request for collection franchise bids. B. It shall be the responsibility of the City or collector to contact residents or businesses who repeatedly place improperly sorted materials in their designated container and inform and encourage them to properly sort materials. If the problem persists, the City shall notify the Authority, who shall then assist the City in resolving the problem. 12. Compliance with Zoning Ordinances Any transfer and/or storage of the Recyclable Materials shall be undertaken in a location suitable and adequate for such activity and shall comply with all local zoning ordinances and any other applicable local and state statutes, ordinances and regulations. The City further agrees to use its best efforts to amend or modify its zoning, building, or land development code to require new multi - family or commercial developments to provide adequate space for recycling containers. 13. Unacceptable Materials Criteria has been established for acceptance of loads deemed suitable for processing at the Authority designated facilities. If the load contains in excess of 3.5% non - recyclable materials by weight, the receiving facility will either reject the load for recycling or process the load, segregating contaminants. It will be the responsibility of the City to dispose of any rejected loads in a suitable manner and/or pay the Authority for processing and/or disposal of contaminants in excess of 3.5 %. If the problem persists, future loads will be inspected before dumping and, if unacceptable, will be rejected. If this occurs too frequently (e.g. more than two times in a month), the Authority may elect to monitor the route for proper sorting and tagging procedures, and/or make recommendations to the City. 14. Promotion and Education Responsibilities i I The Authority and the City shall participate in promotion and educational efforts as outlined below: A. The City shall be responsible to at least once a year advertise or distribute notices of service to each targeted business and/or household, and for the development, printing and supplying of promotional and educational materials as needed. B. The City or Collector shall distribute notices of improperly prepared materials, of collection schedule changes, of unacceptable materials or any other pertinent information to residents and businesses as required. C. The City or Collector shall participate in the Authority's "Keep It Clean" tagging program. D. The City or Collector shall require employees to deal courteously with customers on the telephone and on the route to promote the collection service and explain proper material preparation. E. Throughout the term of this Agreement, the Authority shall be available to participate in promoting the collection service at area fairs, neighborhood association programs, or other community events, and the Authority shall be available to give advice to the City on promotional and educational materials' content and presentation, at no cost to the City. 15. Grant Management n7 A. The City authorizes the Authority, on behalf of the City and the Authority, to submit to the Florida Department of Environmental Protection (DEP) a joint application for a solid waste recycling and education grant for all years in which the grant is available. B. The City acknowledges and understands that the Authority will submit the grant application for the benefit of the City, the unincorporated areas of the county, and the county as a whole, as is appropriate, and that said application will be made also on behalf of other participating municipalities. C. The City agrees to provide to the Authority all information needed to develop and maintain a complete recycling plan and grant application and to comply with all reporting requirements prescribed by Florida Statutes and DEP Rules and Regulations. 7 D. The Authority agrees to submit grant applications based on the applicable following guidelines and in accordance with the DEP Rules and Regulations: (1) Application for the grant year may be mutually agreed to by the parties to be based solely upon a countywide plan for applying the grant funds to benefit the county as a whole, or E. F1 (2) For municipalities that have entered into Interlocal Agreements with the Authority under this grant program and similar to this Interlocal Agreement (hereafter called Participating Cities) and that submit a written plan for a qualifying grant project to the Authority 60 days prior to the filing deadline established by DEP, such plan will be included in the grant application, providing it meets the filing requirements set out in the DEP Rules and Regulations. (3) Application for a countywide plan may be based upon the Authority's qualifying project plan for the unincorporated areas of the county. (4) For cities that do not submit a plan for filling the requirements of Section 15D(2) above, the Authority will either include them in the Authority's plan for the unincorporated areas of the county or will include them in a qualifying plan to benefit the county as a whole. The Authority agrees to distribute funds received under this grant program when appropriate to Participating Cities as follows: (1) Funds shall only be distributed on the basis of expenditures approved by DEP. (2) If a countywide Grant Program application was submitted, then no funds will be distributed to Participating Cities, but all grant funds received will be applied to benefit the county as a whole based upon such approval as is given by DEP of the submitted plan, or (3) If a joint Grant Program request was submitted, then Grant funds shall be distributed by the Authority to Participating Cities or applied by the Authority to unincorporated areas of the County or for the benefit of the County as a whole on the basis of grant application approvals by DEP. That is, if a Participating City's submitted project plan is approved in whole, or in part, or denied totally, then that Participating City shall receive funds accordingly based on the percentage of its plan that has been approved. (4) The Authority will distribute grant funds to the City and all other Participating Cities within thirty (30) days of receipt of grant program funds from the State. The City agrees that the Authority will be entitled to deduct and retain for the Authority's account, from grant funds received, 5% of the grant award to cover Authority administrative costs, and 20% of the amount received for the countywide education program. G. The City shall maintain accurate records of all expenditures of grant funds and shall make these available to the Authority and DEP as provided in Chapter 17- 716.430, F.A.C. or any successor regulation. H. The City agrees not to make separate application for grants under this program or to take any action which would conflict with or frustrate the intent of this agreement as long as this agreement is in effect. I. Nothing contained in this agreement shall prohibit the City from making application for grants under other provisions of Chapter 403, Florida Statute that are not in conflict herewith. 16. Delivery of Collected Material The City agrees that it shall require that all Recyclable Materials separated from the normal waste stream that are collected by or on behalf of the City shall be delivered to Authority designated facilities. In the event a designated facility is closed, the City shall take all Recyclable Materials to another designated facility at no charge to the Authority. The City will take such action as is necessary to ensure against and prevent scavenging and unauthorized removal of such recyclables within the jurisdiction of the City. 17. Changes in the Law 11 Should the State of Florida or the Authority determine any of the items described in Section 8 to be non - recyclable or designates new Recyclable Materials during the term of this Agreement, the Authority and the City will negotiate a method for modifying or terminating this Agreement, as appropriate. 18. Term This Agreement shall begin the date herein above and continue through and including September 30, 2003. Notwithstanding termination, any rights or duties imposed by law shall remain in effect. This Agreement may be terminated by the mutual written consent of both parties. 19. This Agreement may be modified only by the mutual written consent of both parties. 20. In the event of any changes in law that abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 21. All formal notices affecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail or by facsimile to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual: E For the Authority: Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Executive Director Facsimile Number 561- 683 -4067 For the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Attention: City Manager Facsimile Number 561- 775 -8279 22. Designation of Recycling Coordinator The City and the Authority shall each designate an individual in its regular employ to be the recycling coordinator. Such individual will be the contact person for the Authority or the City to contact each other and for residents participating in the program to contact. Such individual will also be available to participate in/or coordinate jointly sponsored educational, promotional, and related presentations. 23. If any clause, section or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such portions thereof had not been incorporated herein. 24. The prior Interlocal Agreement For Municipal Recycling And Grant Management dated September 21, 1994, entered into by the parties hereto shall terminate on the date of execution of this Agreement, and neither party shall have any rights, duties or obligations arising therefrom after the date of termination. The remainder of this page intentionally left blank. 10 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written: WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Donald L. Lockhart Executive Director APPROVED O AL FORM AND SUFFICIENCY: By: ®� �� , ra ou el, o i ority CITY OF PALM BEACH GARDENS: WITNESSES: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: 11 ' INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING AND GRANT MANAGEMENT THIS AGREEMENT, made and entered into this day of , 1999 by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special district created pursuant to Chapter 75 -473, Laws of Florida, as amended, hereinafter called "Authority ", and the CITY OF PALM BEACH GARDENS, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called "City ", to enter into an Interlocal Agreement for Municipal Recycling and Grant Management in accordance with Chapter 403, Part IV, Florida Statutes. WITNESSETH: WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and requirements in Palm Beach County, Florida, prescribed to a "county" pursuant to the provisions of Chapter 403, Part IV, Florida Statutes; and WHEREAS, Chapter 403, Part IV, Florida Statutes encourages counties to enter into Interlocal Agreements with municipalities to establish recycling programs and carry out recycling activities; and WHEREAS, the State of Florida ( "State ") has established a grant program for recycling and education projects; and WHEREAS, without making joint application with the Authority, the City may not be able to obtain a grant or would have to provide matching funds to receive any grant benefits; and WHEREAS, the City desires to work in cooperation with the Authority to continue establishment of a municipal recycling program toward achievement and maintenance of the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes. WHEREAS, on or about September 21, 1994, the parties entered into an Interlocal Agreement for Municipal Recycling and Grant Management; and WHEREAS, the parties desire to terminate said agreement and enter into this new Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the- mutual benefit of the City and the Authority, it is agreed as follows: 1. City agrees to collect or to enter into a contract for the collection of Recyclable Materials as defined in Section 8. 2. City agrees to cooperate with the Authority in making a grant application to the State of Florida as defined in Section 15. 3. City agrees to cooperate with the Authority to provide all necessary and required information to the Authority so that the City and the Authority can determine if the City's recycling program is meeting the requirements of the Authority's countywide recycling program and other applicable state and local laws. 4. Recyclable Collection Service A. Residential Curbside and Containerized Service This provision applies to residential units receiving curbside or containerized solid waste collection service. Municipal or contract crews shall collect all Recyclable Materials (defined in Section 8) from residential units within the City. Promotional materials provided by the Authority may be distributed, informing the residents as to when and how the Recyclable Materials will be collected. No residents will be excluded from recy cjling collection route because of infrequent participation, unless it is determinell by the City and the Authority that the recycling collection is not feasible in a particular solid waste collection service area. Before excluding any residents from participation, the City will notify the Authority why it believes such residents should be excluded and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the City. B. Commercial Service This provision applies to commercial establishments located within the City's limits. Municipal or contract crews shall collect Recyclable Materials (defined in Section 8) from commercial units within the City. The Authority is available to provide informational/educational material and conduct waste, audits when requested by the City. No business will be prevented from participating unless it is determined by the City and the Authority that the recycling collection is not feasible in a particular solid waste collection area. Before deleting any commercial establishments from participation, the City will notify the Authority why it believes such commercial establishments should be deleted and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the City. The City shall develop ,a plan which provides direct recycling collection services to the majority of the businesses within the City's limits, and will endeavor to include all commercial businesses. The Authority is available to assist in developing the plan or programs to achieve this goal, or to provide direct collection services on a cost basis when requested by the City. 5. Collection Schedule The collection schedule shall have a minimum frequency of once per week for each Residential and Commercial Unit and shall be made on a day as determined by the City or Collector. 6. Point of Collection Collection shall be at curbside, or within the public right -of -way adjacent to the paved roadway, or adjacent to /in the same location as designated for garbage /refuse collection. t'�i 7. Data Collection The City or its collector shall provide the Authority the following data each month for each route and collection crew: A. Total number of households or businesses on each route. B. Number of households setting out any or all materials for the month. C. Total weight of residential materials and total weight of commercial material collected for the month. D. Residential and Commercial Material disposition, including date, type, and quantity of material discharged at each Authority designated facility. E. Collection hours. This data shall be submitted in a monthly report to the Authority's Recycling Department by the 15th day of the month following the end of each month. Data sheets shall be available from the Authority on request. All data and program information shall be retained for the period of the Agreement. The Authority has the right to request any additional collection or contract - related information from the City as may be required for the program. The City has the right to request quarterly progress reports from the countywide program. 8. Collection of Source - Separated Recyclable Material A. Residential Individual residents/homeowners shall be encouraged by the City to, separate their solid waste into recyclables and nonrecyclables. Each residential unit or combination of units will receive the appropriate type and number of reusable containers, in accordance with the countywide recycling program, into which Recyclable Materials will be deposited. Commingled Recyclable Materials shall mean: Aluminum Containers, Aluminum Foil Products, Aseptic Packages, Gable- topped Containers, Glass bottles and jars (green, brown and clear), and all Plastic Containers. Commingled recyclables will be deposited into one of the appropriately designated reusable containers. Newspapers shall be placed loose in the other appropriately designated reusable container, and all residents shall be encouraged to place all other paper material, consisting of Magazines or Phone Books, in a Kraft bag and place in or near the Newspaper reusable container. Old Corrugated Containers shall be cut to an acceptable size and flattened, and for curbside residents, shall be set beside or in the same reusable container as the Newspaper. Residents receiving containerized service may receive a separate container to be used for the collection of Old Corrugated Containers. The Authority retains the right to modify the manner in which materials are set out for collection with proper notice to the City. Notice for a substantial change in collection method shall be no less than one year. Further expansion of designated materials is expected to commence January, 2000 (Phase II) and shall minimally include Junk Mail, Chipboard/Pressboard Paper and any other materials approved in writing by the City and the Authority. The Recyclable Materials are more specifically defined as follows and shall be prepared for collection in accordanc," with processing standards in paragraphs 1 through 13 below: (1) Aluminum Containers - aluminum beverage cans and containers (pet food, tuna, etc.), but not bi -metal containers. These containers shall be empty, rinsed and dry. (2) Aluminum Foil Products - any aluminum material, made solely of aluminum, other than aluminum containers. These items shall be rinsed and free of food contaminants. Examples of acceptable items include aluminum foil, pie plates and T.V. dinner trays. (3) Aseptic Packages - poly- coated paperboard containers with aluminum liners, for example drink boxes. These items shall be empty, rinsed, straws removed and flattened. (4) Gable- Topped Containers - poly- coated paperboard pontainers, for example, milk cartons. These containers shall be empty, rinsed and flattened. (5) Glass - rinsed, whole green, brown and clear bottles and jars, but shall not include cooking ware, plate glass, safety glass, light bulbs, ceramics and non -glass materials. Caps, lids, and any type of top shall be removed from the containers. Labels may remain on the containers. (6) Plastic Containers - Milk jug, water bottle, and laundry detergent containers (HDPE), soft drink bottles (PETE) and all other plastic containers (except styrofoam containers), empty, rinsed and dry, with tops, caps or lids removed. (7) Old Corrugated Containers - containers having liners of either test liner, jute or Kraft. These items shall be dry and shall not include any wax coatings, and shall be cut to an acceptable size, flattened, bundled and set beside containers or placed in the Newspaper reusable container. (8) Kraft Bags - brown paper grocery or shopping bags. These items shall be either filled as stated above, or folded and placed in the Newspaper reusable container. (9) Magazines - dry, coated magaznes, catalogs and similar printed materials. These items may be placed in Kraft bags and placed in or near the Newspaper reusable container. 2 (10) Newspapers - newspapers, supplements, advertising and magazine sections (all of which would have been included with the newspaper), packed loose in the Newspaper reusable container. (11) Phone Books - telephone directories made of paper. These may be placed in Kraft bags and placed in or near the Newspaper reusable container at any time during the year. (12) Junk Mail (Phase II) - means envelopes, flyers and correspondence received by residents through the U.S. Postal system. Items are to be placed in a container as agreed to by the City and the Authority. (13) Chipboard/Pressboard Paper (Phase II) - means folding paper cartons used for packaging. Examples include tissue, cereal and dry good packaging. Items are to be placed in a container as agreed to by the City and the Authority. B. Commercial Individual businesses shall be encouraged by the City to separate their solid waste into two categories, recyclable and non - recyclable. Businesses contracting for services will arrange with the service provider to receive one or more containers into which recyclable material may be deposited. Acceptable materials for commercial recycling shall include Commingled Recyclable Materials, Old Corrugated Containers, Sorted White Ledger and Sorted Office Paper and any other materials agreed to in writing by the City and the Authority. Sorted White Ledger and Sorted Office Paper are more specifically defined as follows and shall be prepared for collection in accordance with the collection standards below. (1) Sorted White Ledger - white ledger or computer printout paper. Dry and free of contaminants. (2) Sorted Office Paper - office paper including letterhead, computer paper, legal paper, loose -leaf paper, copy and typing paper, a small percentage of groundwood computer printout and facsimile paper and 10% other commercially generated office paper including but not limited to newspaper, junk mail, magazines and catalogs. 9. Commercial Recycling Revenue Share As a further incentive for the City to actively pursue commercial recycling, the Authority and the City may enter into a separate agreement to provide for payment to the City for all acceptable loads of agreed upon commercial Recyclable Materials. 10. Transportation and Equipment The City shall be responsible for having collected Recyclable Materials transported to an Authority designated facility, including, but not limited to, the Authority's North Materials Recycling Facility (NMRF), the Authority's Commercial Materials Recycling Facility (CMRF), one of five transfer stations, a Private Commercial Materials Recycling Facility (PCMRF) or any other sites designated by the Authority for recycling. The Authority or its contractor shall receive, process, dispose and/or recover all Recyclable Materials delivered by or on behalf of the City, at no charge to the City, except for unacceptable loads as described below. Collection equipment must be of a type to provide for rear, side or front unloading and may be compartmentalized or in separate vehicles. 11. Improperly Prepared Recyclable Materials When a collector's crew encounters improperly prepared materials or ;nonrecyclable items, they must follow this procedure: A. The collector shall pickup all Recyclable Materials except those contaminated by putrescible waste or those which cannot be safely retrieved frgm the reusable containers. Improperly sorted materials or contaminated materials will be left in the reusable containers or temporarily removed and returned to the reusable containers. The collector shall leave an Authority and/or City approved form on the material or in the container. The form will notify the resident or business that material has not been properly sorted, and will provide information on how to contact the City or Authority recycling coordinator for further information. Upon request of the City, the Authority will provide rejection procedure training for the route drivers. The Authority and the City will consult and evaluate the extent of the need for such training, which shall be provided by the Authority. As a means of strengthening the City's ability to have the collector fulfill the City's recycling needs, the City agrees to notify and consult with the Authority when preparing the City's future request for collection franchise bids. B. It shall be the responsibility of the City or collector to contact residents or businesses who repeatedly place improperly sorted materials in their designated container and inform and encourage them to properly sort materials. If the problem persists, the City shall notify the Authority, who shall then assist the City in resolving the problem. 12. Compliance with Zoning Ordinances Any transfer and/or storage of the Recyclable�lMaterials shall be undertaken in a location suitable and adequate for such activity and shall comply with all local zoning ordinances and any other applicable local and state statutes, ordinances and regulations. The City further agrees to use its best efforts to amend or modify its zoning, building, or land development code to require new multi - family or commercial developments to provide adequate space for recycling containers. 13. Unacceptable Materials Criteria has been established for acceptance of loads deemed suitable for processing at the Authority designated facilities. If the load contains in excess of 3.5% non - recyclable materials by weight, the receiving facility will either reject the load for recycling or process the load, segregating contaminants. It will be the responsibility of the City to dispose of any rejected loads in a suitable manner and/or pay the Authority for processing and/or disposal of contaminants in excess of 3.5 %. If the problem persists, future loads will be inspected before dumping and, if unacceptable, will be rejected. If this occurs too frequently (e.g. more than two times in a month), the Authority may elect to monitor the route for proper sorting and tagging procedures, and/or make recommendations to the City. u- 14. Promotion and Education Responsibilities The Authority and the City shall participate in promotion and educational efforts as outlined below: A. The City shall be responsible to at least once a year advertise or distribute notices of service to each targeted business and/or household, and for the development, printing and supplying of promotional and educational materials as needed. B. The City or Collector shall distribute notices of improperly prepared materials, of collection schedule changes, of unacceptable materials or any other pertinent information to residents and businesses as required. C. The City or Collector shall participate in the Authority's "Keep It Clean" tagging program. D. The City or Collector shall require employees to deal courteously with customers on the telephone and on the route to promote the collection service and explain proper material preparation. E. Throughout the term of this Agreement, the Authority shall be available to participate in promoting the collection service at area fairs, neighborhood association programs, or other community events, and the Authority shall be available to give advice to the City on promotional and educational materials' content and presentation, at no cost to the City. 15. Grant Management A. The City authorizes the Authority, on behalf of the City and the Authority, to submit to the Florida Department of Environmental Protection (DEP) a joint application for a solid waste recycling and education grant for all years in which the grant is available. B. The City acknowledges and understands that the Authority will submit the grant application for the benefit of the City, the unincorporated areas of the county, and the county as a whole, as is appropriate, and that said application will be made also on behalf of other participating municipalities. C. The City agrees to provide to the Authority all information needed to develop and maintain a complete recycling plan and grant application and to comply with all reporting requirements prescribed by Florida Statutes and DEP Rules and Regulations. i D. The Authority agrees to submit grant applications based on the applicable following guidelines and in accordance with the DEP Rules and Regulations: (1) Application for the grant year may be mutually agreed to by the parties to be based solely upon a countywide plan for applying the ,grant funds to benefit the county as a whole, or (2) For municipalities that have entered into Interlocal Agreements with the Authority under this grant program and similar to this Interlocal Agreement (hereafter called Participating Cities) and that submit a written plan for a qualifying grant project to the Authority 60 days prior to the filing deadline established by DEP, such plan will be included in the grant application, providing it meets the filing requirements set out in the DEP Rules and Regulations. (3) Application for a countywide plan may be based upon the Authority's qualifying project plan for the unincorporated areas of the county. (4) For cities that do not submit a plan for filling the requirements of Section 15D(2) above, the Authority will either include them in the Authority's plan for the unincorporated areas of the county or will include them in a qualifying plan to benefit the county as a whole. E. The Authority agrees to distribute funds received under this grant program when appropriate to Participating Cities as follows: (1) Funds shall only be distributed on the basis of expenditures approved by DEP. (2) If a countywide Grant Prograkh application was submitted, then no funds will be distributed to Participating Cities, but all grant funds received will be applied to benefit the county as a whole based upon such approval as is given by DEP of the submitted plan, or (3) If a joint Grant Program request was submitted, then Grant funds shall be distributed by the Authority to Participating Cities or applied by the Authority to unincorporated areas of the County or for the benefit of the County as a whole on the basis of grant application approvals by DEP. That is, if a Participating City's submitted project plan is approved in whole, or in part, or denied totally, then that Participating City shall receive funds accordingly based on the percentage of its plan that has been approved. (4) The Authority will distribute grant funds to the City and all other Participating Cities within thirty (30) days of receipt of grant program funds from the State. 1 F. The City agrees that the Authority will be entitled to deduct and retain for the Authority's account, from grant funds received, 5% of the grant award to cover 8 Authority administrative costs, any, 20% of the amount received for the countywide education program. G. The City shall maintain accurate records of all expenditures of grant funds and shall make these available to the Authority and DEP as provided in Chapter 17- 716.430, F.A.C. or any successor regulation. H. The City agrees not to make separate application for grants under this program or to take any action which would conflict with or frustrate the intent of this agreement as long as this agreement is in effect. I. Nothing contained in this agreement shall prohibit the City from making application for grants under other provisions of Chapter 403, Florida Statute that are not in conflict herewith. 16. Delivery of Collected Material The City agrees that it shall require that all Recyclable Materials separated from the normal waste stream that are collected by or on behalf of the City shall be delivered to Authority designated facilities. In the event a designated facility is closed, the City shall take all Recyclable Materials to another designated facility at no charge to the Authority. The City will take such action as is necessary to ensure against and prevent scavenging and unauthorized removal of such recyclables within the jurisdiction of the City. 17. Changes in the Law Should the State of Florida or the Authority determine any of the items described in Section 8 to be non - recyclable or designates new Recyclable Materials during the term of this Agreement, the Authority and the City will negotiate a method for modifying or terminating this Agreement, as appropriate. 18. Term This Agreement shall begin the date herein above and continue through and including September 30, 2003. Notwithstanding termination, any rights or duties imposed by law shall remain in effect. This Agreement may be terminated by the mutual written consent of both parties. 19. This Agreement may be modified only by thellnutual written consent of both parties. 20. In the event of any changes in law that abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 21. All formal notices affecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail or by facsimile to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual: 9 For the Authority: Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Executive Director Facsimile Number 561- 683 -4067 For the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Attention: City Manager Facsimile Number 561- 775 -8279 22. Designation of Recycling Coordinator The City and the Authority shall each designate an individual in its regular employ to be the recycling coordinator. Such individual will be the contact person for the Authority or the City to contact each other and for residents participating in the program to contact. Such individual will also be available to participate in/or coordinate jointly sponsored educational, promotional, and related presentations. 23. If any clause, section or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such portions thereof had not been incorporated herein. 24. The prior Interlocal Agreement For Municipal Recycling And Grant Management dated September 21, 1994, entered into by the parties hereto shall terminate on the date of execution of this Agreement, and neither party shall have any rights, duties or obligations arising therefrom after the date of termination. The remainder of this page intentionally left blank. 10 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written: WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Donald L. Lockhart Executive Director APPROVED E FORM AND SUFFICIENCY: By: e �.0/ �� f, -�, zo eral ounse Solid Wa te� Au50-rity WITNESSES: CITY OF PALM BEACH GARDENS: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: 11 INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING AND GRANT MANAGEMENT THIS AGREEMENT, made and entered into this day of 1999 by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special district created pursuant to Chapter 75 -473, Laws of Florida, as amended, hereinafter called "Authority ", and the CITY OF PALM BEACH GARDENS, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called "City ", to enter into an Interlocal Agreement for Municipal Recycling and Grant Management in accordance with Chapter 403, Part IV, Florida Statutes. WITNESSETH: WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and requirements in Palm Beach County, Florida, prescri'ped to a "county" pursuant to the provisions of Chapter 403, Part IV, Florida Statutes; and WHEREAS, Chapter 403, Part IV, Florida Statutes encourages counties to enter into Interlocal Agreements with municipalities to establish recycling programs and carry out recycling activities; and WHEREAS, the State of Florida ( "State ") has established a grant program for recycling and education projects; and WHEREAS, without making joint application with the Authority, the City may not be able to obtain a grant or would have to provide matching funds to receive any grant benefits; and WHEREAS, the City desires to work in cooperation with the Authority; to continue establishment of a municipal recycling program toward achievement and maintenance of the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes. I WHEREAS, on or about September 21, 1994, the parties entered into an Interlocal Agreement for Municipal Recycling and Grant Management; and WHEREAS, the parties desire to terminate said agreement and enter into this new Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the City and the Authority, it is agreed as follows: City agrees to collect or to enter into a contract for the collection of Recyclable Materials as'defined in Section 8. 2. City agrees to cooperate with the Authority in making a grant application to the State of Florida as defined in Section 15. 3. City agrees to cooperate with the Authority to provide all necessary and required information to the Authority so that the City and the Authority can determine if the City's recycling program is meeting the requirements of the Authority's countywide recycling program and other applicable state and local laws. 4. Recyclable Collection Service A. Residential Curbside and Containerized Service This provision applies to residential units receiving curbside or containerized solid waste collection service. Municipal or contract crews shall collect all Recyclable Materials (defined in Section 8) from residential units within the City. Promotional materials provided by the Authority may be distributed, informing the residents as to when and how the Recyclable Materials will be collected. No residents will be excluded from recycling collection route because of infrequent participation, unless it is determined by the City and the Authority that the recycling collection is not feasible in a particular solid waste collection service area. Before excluding any residents from participation, the City will notify the Authority why it believes such residents should be excluded and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the City. B. Commercial Service This provision applies to commercial establishments located within the City's limits. Municipal or contract crews shall collect Recyclable Materials (defined in Section 8) from commercial units wit�in the City. The Authority is available to provide informational/educational material and conduct waste audits when requested by the City. No business will be prevented from participating unless it is determined by the City and the Authority that the recycling collection is not feasible in a particular solid waste collection area. Before deleting any commercial establishments from participation, the City will notify the Authority why it believes such commercial establishments should be deleted and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the City. The City shall develop ; a plan which provides direct recycling collection services to the majority of the businesses within the City's limits, and will endeavor to include all commercial businesses. The Authority is available to assist in developing the plan or programs to achieve this goal, or to provide direct collection services on a cost basis when requested by the City. 5. Collection Schedule The collection schedule shall have a minimum frequency of once per week for each Residential and Commercial Unit and shall be made on a day as determined by the City or Collector. 6. Point of Collection Collection shall be at curbside, or within the public right -of -way adjacent to the paved roadway, or adjacent to /in the same location as designated for garbage /refuse collection. 7. Data Collection The City or its collector shall provide the Authority the following data each month for each route and collection crew: A. Total number of households or businesses on each route. B. Number of households setting out any or all materials for the month. C. Total weight of residential material "I^ and total weight of commercial material collected for the month. D. Residential and Commercial Material disposition, including date, type, and quantity of material discharged at each Authority designated facility. E. Collection hours. This data shall be submitted in a monthly report to the Authority's Recycling Department by the 15th day of the month following the end of each month. Data sheets shall be available from the Authority on request. All data and program information shall be retained for the period of the Agreement. The Authority has the right to request any additional collection or contract - related information from the City as may be required for the program. The City has the right to request quarterly progress reports from the countywide program. 8. Collection of Source - Separated Recyclable Material A. Residential Individual residents/homeowners shall be encouraged by the City to separate their solid waste into recyclables and nonrecyclables. Each residential unit or combination of units will receive the appropriate type and number of reusable containers, in accordance with the countywide recycling program, into which Recyclable Materials will be deposited. Commingled Recyclable Materials shall mean: Aluminum Containers, Aluminum Foil Products, Aseptic Packages, Gable- topped Containers, Glass bottles and jars (green, brown and clear), and all Plastic Containers. Commingled recyclables will be deposited into one of the appropriately designated reusable containers. Newspapers shall be placed loose in the other appropriately designated reusable container, and all residents shall be encouraged to place all other paper material, consisting of Magazines or Phone Books, in a Kraft bag and place in or near the Newspaper reusable container. Old Corrugated Containers shall be cut to an acceptable size and flattened, and for curbside residents, shall be set beside or in the same reusable container as' the Newspaper. Residents receiving containerized service may receive a separate container to be used for the collection of Old Corrugated Containers. The Authority retains the right to modify the manner in which materials are set out for collection with proper notice to the City. Notice for a substantial gyange in collection method shall be no less than one year. 3 Further expansion of designated materials is expected to commence January, 2000 (Phase II) and shall minimally include Junk Mail, Chipboard/Pressboard Paper and any other materials approved in writing by the City and the Authority. The Recyclable Materials are more specifically defined as follows and shall be prepared for collection in accordance with processing standards in paragraphs 1 through 13 below: (1) Aluminum Containers - aluminum beverage cans and containers (pet food, tuna, etc.), but not bi -metal containers. These containers shall be empty, rinsed and dry. (2) Aluminum Foil Products - any aluminum material, made solely of aluminum, other than aluminum containers. These items shall be rinsed and free of food contaminants. Examples of acceptable items include aluminum foil, pie plates and T.V. dinner trays. (3) Aseptic Packages - poly- coated paperboard containers with aluminum liners, for example drink boxes. These items shall be empty, rinsed, straws removed and flattened. (4) Gable - Topped Containers - poly- coated paperboard containers, for example, milk cartons. These containers shall be empty, rinsed and flattened. (5) Glass - rinsed, whole green, brown and clear bottles and jars;, but shall not include cooking ware, plate glass, safety glass, light bulbs,' ceramics and non -glass materials. Caps, lids, and any type of top shall be removed from the containers. Labels may remain on the containers. (6) Plastic Containers - Milk jug, water bottle, and laundry detergent containers (HDPE), soft drink bottles (PETE) and all other plastic containers (except styrofoam containers), empty, rinsed and dry, with tops, caps or lids removed. (7) Old Corrugated Containers - containers having liners of either test liner, jute or Kraft. These items shall be dry and shall not include any wax coatings, and shall be cut to an acceptable size, flattened, bundled and set beside containers or placed in the Newspaper reusable container. (8) Kraft Bags - brown paper grocery or shopping bags. These items shall be either filled as stated above, or folded and placed in the Newspaper reusable container. (9) Magazines - dry, coated magazines, catalogs and similar printed materials. These items may be placed in Kraft bags and placed in or near the Newspaper reusable container. 4 (10) Newspapers - newspapers, supplements, advertising and magazine sections (all of which would have been included with the newspaper), packed loose in the Newspaper reusable container. (11) Phone Books - telephone directories made of paper. These may be placed in Kraft bags and placed in or near the Newspaper reusable container at any time during the year. (12) Junk Mail (Phase II) - means envelopes, flyers and correspondence received by residents through the U.S. Postal system. Items are to be placed in a container as agreed to by the City and the Authority. (13) Chipboard/Pressboard Paper (Phase II) - means folding paper cartons used for packaging. Examples include tissue, cereal and dry good packaging. Items are to be placed in a container as agreed to by the City and the Authority. j B. Commercial Individual businesses shall be encouraged by the City to separate their solid waste into two categories, recyclable and non - recyclable. Businesses contracting for services will arrange with the service provider to receive one or more containers into which recyclable material may be deposited. Acceptable materials for commercial recycling shall include Commingled Recyclable Materials, Old Corrugated Containers, Sorted White Ledger and Sorted Office Paper and any other materials agreed to in writing by the City and the Authority. Sorted White Ledger and Sorted Office Paper are more specifically defined as follows and shall be prepared for collection in accordance with the collection standards below. (1) Sorted White Ledger - white ledger or computer printout paper. Dry and free of contaminants. (2) Sorted Office Paper - office paper including letterhead, computer paper, legal paper, loose -leaf paper, copy and typing paper, a small percentage of groundwood computer printout and facsimile paper and 10% other commercially generated office paper including but not limited to newspaper, junk mail, magazines and catalogs. 9. Commercial Recycling Revenue Share As a further incentive for the City to actively pursue commercial recycling, the Authority and the City may enter into a separate agreement to provide for payment to the City for all acceptable loads of agreed upon commercial Recyclable Materials. 10. Transportation and Equipment The City shall be responsible for having collected Recyclable Materials transported to an Authority designated facility, including, but not limited to, the Authority's North Materials Recycling Facility (NMRF), the Authority's Commercial Materials Recycling Facility (CMRF), one of five transfer stations, a Private Commercial Materials Recycling Facility (PCMRF) or any other sites designated by the Authority for recycling. The 5 Authority or its contractor shall receive, process, dispose and/or recover all Recyclable Materials delivered by or on behalf of the City, at no charge to the City, except for unacceptable loads as described below. Collection equipment must be of a type to provide for rear, side or front unloading and may be compartmentalized or in separate vehicles. 11. Improperly Prepared Recyclable Materials When a collector's crew encounters improperly prepared materials or nonrecyclable items, they must follow this procedure: A. The collector shall pickup all Recyclable Materials except those contaminated by putrescible waste or those which cannot be safely retrieved from the reusable containers. Improperly sorted materials or contaminated materials will be left in the reusable containers or temporarily removed and returned to the reusable containers. The collector shall leave an Authority and/or City approved form on the material or in the container. The form will notify the resident or business that material has not been properly sorted, and will provide information on how to contact the City or Authority recycling coordinator for further information. Upon request of the City, the Authority will provide rejection procedure training for the route drivers. The Authority and the City will consult and evaluate the extent of the need for such training, which shall be provided by the Authority: i As a means of strengthening the City's ability to have the collector fulfill the City's recycling needs, the City agrees to notify and consult with the Authority when preparing the City's future request for collection franchise bids. B. It shall be the responsibility of the City or collector to contact residents or businesses who repeatedly place improperly sorted materials in their designated container and inform and encourage them to properly sort materials. If the problem persists, the City shall notify the Authority, who shall then assist the City in resolving the problem. 12. Compliance with Zoning Ordinances Any transfer and/or storage of the Recyclable Materials shall be undertaken in a location suitable and adequate for such activity and shall comply with all local zoning ordinances and any other applicable local and state statutes, ordinances and regulations. The City further agrees to use its best efforts to amend or modify its zoning, building, or land development code to require new multi- family or commercial developments to provide adequate space for recycling containers. 13. Unacceptable Materials Criteria has been established for acceptance of loads deemed suitable for processing at the Authority designated facilities. If the load contains in excess of 3.5% non - recyclable materials by weight, the receiving facility will either reject the load for recycling or process the load, segregating contaminants. It will be the responsibility of the City to dispose of any rejected loads in a suitable mariner and/or pay the Authority for processing and/or disposal of contaminants in excess of 3.5 %. If the problem persists, future loads will be inspected before dumping and, if unacceptable, will be rejected. If this occurs too frequently (e.g. more than two times in a month), the Authority may elect to monitor the route for proper sorting and tagging procedures, and/or make recommendations to the City. 14. Promotion and Education Responsibilities The Authority and the City shall participate in promotion and educational efforts as outlined below: A. The City shall be responsible to at least once a year advertise or distribute notices of service to each targeted business and/or household, and for. the development, printing and supplying of promotional and educational materials as needed. B. The City or Collector shall distribute notices of improperly prepared materials, of collection schedule changes, of unacceptable materials or any other pertinent information to residents and businesses as required. C. The City or Collector shall participate in the Authority's "Keep It Clean" tagging program. D. The City or Collector shall require employees to deal courteously with customers on the telephone and on the route to promote the collection service and explain proper material preparation. E. Throughout the term of this Agreement, the Authority shall be available to participate in promoting the collection service at area fairs, neighborhood association programs, or other community events, and the Authority shall be available to give advice to the City on promotional and educational materials' content and presentation, at no cost to the City. 15. Grant Management A. The City authorizes the Authority, on behalf of the City and the Authority, to submit to the Florida Department of Environmental Protection (DEP) a joint application for a solid waste recycling and education grant for all years in which the grant is available. B. The City acknowledges and understands that the Authority will submit the grant application for the benefit of the City, the unincorporated areas of the county, and the county as a whole, as is appropriate, and that said application will be made also on behalf of other participating municipalities. C. The City agrees to provide to the Authority all information needed to develop and maintain a complete recycling plan and grant application and to comply with all reporting requirements prescribed by Florida Statutes and DEP Rules and Regulations. D. The Authority agrees to submit grant applications based on the applicable following guidelines and in accordance with the DEP Rules and Regulations: (1) Application for the grant year may be mutually agreed to by the parties to be based solely upon a countywide plan for applying the grant funds to benefit the county as a whole, or (2) For municipalities that have entered into Interlocal Agreements with the Authority under this grant program and similar to this Interlocal Agreement (hereafter called Participating Cities) and that submit a written plan for a qualifying grant project to the Authority 60 days prior to the filing deadline established by DEP, such plan will be included in the grant application, providing it meets the filing requirements set out in the DEP Rules and Regulations. 1 (3) Application for a countywide plan may be based upon the Authority's qualifying project plan for the unincorporated areas of the county. (4) For cities that do not submit a plan for filling the requirements of Section 15D(2) above, the Authority will either include them in the Authority's plan for the unincorporated areas of the county or will include them in a qualifying plan to benefit the county as a whole. E. The Authority agrees to distribute funds received under this grant program when appropriate to Participating Cities as follows: (1) Funds shall only be distributed on the basis of expenditures approved by DEP. (2) If a countywide Grant Program application was submitted, then no funds will be distributed to Participating Cities, but all grant funds received will be applied to benefit the county as a whole based upon such approval as is given by DEP of the submitted plan, or (3) If a joint Grant Program request was submitted, then Grant funds shall be distributed by the Authority to Participating Cities or applied by the Authority to unincorporated areas of the County or for the benefit of the County as a whole on the basis of grant application approvals by DEP. That is, if a Participating City's submitted project plan is approved in whole, or in part, or denied .totally, then that Participating City shall receive funds accordingly baseq, on the percentage of its plan that has been approved. (4) The Authority will distribute grant funds to the City and all other Participating Cities within thirty (30) days of receipt of grant program funds from the State. F. The City agrees that the Authority will be entitled to deduct and retain for the Authority's account, from grant funds received, 5% of the grant award to cover 8 Authority administrative costs, and 20% of the amount received for the countywide education program. G. The City shall maintain accurate records of all expenditures of grant funds and shall make these available to the Authority and DEP as provided in Chapter 17- 716.430, F.A.C. or any successor regulation. H. The City agrees not to make separate application for grants under this program or to take any action which would conflict with or frustrate the intent of this agreement as long as this agreement is in effect. I. Nothing contained in this agreement shall prohibit the City from making application for grants under other provisions of Chapter 403, Florida Statute that are not in conflict herewith. 16. Delivery of Collected Material The City agrees that it shall require that all Recyclable Materials separated from the normal waste stream that are collected by or on behalf of the City shall be delivered to Authority designated facilities. In the event a designated facility is closed, the City shall take all Recyclable Materials to another designated facility at no charge to the Authority. The City will take such action as is necessary to ensure against and prevent scavenging and unauthorized removal of such recyclables within the jurisdiction of the City. 17. Changes in the Law Should the State of Florida or the Authority determine any of the items described in Section 8 to be non - recyclable or designates new Recyclable Materials during the term of this Agreement, the Authority and the City will negotiate a method for modifying or terminating this Agreement, as appropriate. 18. Term This Agreement shall begin the date herein above and continue through and including September 30, 2003. Notwithstanding termination, any rights or duties imposed by law shall remain in effect. This Agreement may be terminated by the mutual written consent of both parties. 19. This Agreement may be modified only by the mutual written consent of both parties. 20. In the event of any changes in law that abrogates or modifies any' provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 21. All formal notices affecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail or by facsimile to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual: 6 22. For the Authority: Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Executive Director Facsimile Number 561- 683 -4067 For the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Attention: City Manager Facsimile Number 561- 775 -8279 Designation of Recycling Coordinator The City and the Authority shall each designate an individual in its regular employ to be the recycling coordinator. Such individual will be the contact person for the Authority or the City to contact each other and for residents participating in the program to contact. Such individual will also be available to participate in/or coordinate jointly sponsored educational, promotional, and related presentations. 23. If any clause, section or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such portions thereof had not been incorporated herein. 24. The prior Interlocal Agreement For Municipal Recycling And Grant Management dated September 21, 1994, entered into by the parties hereto shall terminate on the date of execution of this Agreement, and neither party shall have any rights, duties or obligations arising therefrom after the date of termination. The remainder of this page intentionally left blank. 10 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written: WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Donald L. Lockhart Executive Director APPROVED S O L FORM AND SUFFICIENCY: _ 00� By: _ --_. eral Counsel(Soli as ority WITNESSES: CITY OF PALM BEACH GARDENS: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: in II 24- CITY OF PALM BEACH GARDENS CITY CO(J:NCIL Agenda Cover Memorandum Meeting Date: October 7, 1999 Date Prepared: August 31, 1999 Subject/Agenda Item: Public hearing for Ordinance 43, 1999, approving City- initiated Petition TXT -99 -10 to amend the City's land development regulations for borrow pits, excavation and fill, and mining. Recommendation /Motion: Staff recommends approval of Ordinance 43, 1999, adopting text amendments to the City's land development regulations for borrow pits, excavation and fill, and mining. Reviewed by: Originating Dept.: Costs: $ Council Action: at� Total City Attorney v Planning & Zoning [ ] Approved Division ACM $ [ ] Approved Wi cmditim, Other Current FY ] Denied Funding Source: [ ] Continued to: Advertised: Date: September 11 [ ] Operating Attachments: and October 16, 1999 [ ] Other 1. Ordinance Paper: Palm Beach Poster 2. Section 118 -284, City [ ] Not Required Code of Ordinances Submitted by: Growth Affected parties [ - ]._119tified____. Budget Acct.#t: [ ] None Approved by:____ City Manager [ X ] Not required BACKGROUND: An owner of property along the eastside Beeline Highway, north of PGA Boulevard, has inquired about developing a borrow pit operation in that location. The City's zoning regulations currently allow borrow pit operations as a Conditional Use, if approved by the City Council following an advisory recommendation from the Planning and Zoning Commission. However, because of a legal 1 concept known as "zoning in progress," the proposed project is "on hold" until the City completes amendments to the City's land development regulations that govern borrow pits and excavation and fill activities, which are similar in many respects. In accordance with the "Forbearance Agreement" approved by City Resolution 59, 1999, this property is eligible to begin review for development approval by the City on or after November 13, 1999. The City's land development regulations currently allow borrow pits and excavation and fill activities. Section 118 -284 (copy attached) of the City's land development regulations allows borrow pits if a Conditional Use is approved by the City Council, following an advisory recommendation by the Planning and Zoning Commission. However, no specific zoning districts are indicated and no definitions are provided in the City's land development regulations. Chapter 94 in the City's land development regulations allows excavation and fill activities if approved as part of a development order issued by the City. The above regulations were adopted in 1987. Staff is proposing to amend the City's existing land development regulations for borrow pits, excavation and fill, and mining activities. The amendments are contained in the attached proposed ordinance. The following is an outline of the specific amendments that are proposed: 1. Section 78 -2 is amended to include new definitions for borrow pit, borrow pit operations, mine and mining operations. The definition of excavation and fill is also amended. 2. The list of Permitted Uses and Conditional Uses in Section 118 -246 of the City's zoning regulations is amended to allow borrow pit operations as a Conditional Use in M -2: Heavy Industrial and PDA: Planned Development Area zoning districts. A Conditional Use requires review and approval by the City Council, following an advisory recommendation from theme Planning and Zoning Commission. There are currently no areas zoned M -2 in the City. The areas zoned PDA are located in the northern and western portions of the City. 3. Section 94 -1 is amended to clarify City policy regarding the potential nuisances caused by excavation and fill, borrow pit operations and mining. 4. The existing Section 94 -2, regarding penalties, has been deleted because code enforcement actions are addressed elsewhere in the City Code. 5. A new Section 94 -2 is added to allow-excavation-and '11111-- operations -iii conjunction wiidr a development order issued by the City, but not as an independent development order solely for excavation and fill operations. This section is also allows borrow pit operations if approved by the City Council as a conditional use. 6. Section 94 -3 is amended to clarify the requirements for excavation and fill operations. These requirements include the submission of a certified plan indicating a project has been completed in accordance with the approved plans. 7. Section 94 -4 has been added to establish the permit requirements for borrow pit operations. 2 These requirements include conditional use approval by the City Council and the submission of a certified plan indicating the project has been completed in accordance with the approved plans. 8. Section 94 -5 is amended to clarify that mining operations are not allowed in the City, unless approved prior to the effective date of these new regulations. PLANNING & ZONING COMMISSION: On July 27, 1999, the Planning and Zoning Commission conducted a workshop discussion regarding these text amendments. The Commission questioned why the City should allow borrow pits. The response from staff is that considerable amounts of fill are needed to raise habitable floor elevations to required elevations for current and future development in the City. The Commission suggested changes to the five definitions as well as changes to sections 94 -1 and 94 -2. The Commission also suggested that Section 94 -3, regarding excavation and fill, be amended to require permits from other government agencies before the issuance of a City permit. Staff revised the proposed text amendments based on comments from the Planning and Zoning Commission, as deemed appropriate. On August 24, 1999, the Planning and Zoning Commission considered these amendments at an advertised public hearing and recommended approval. STAFF RECOMMENDATION: Staff also recommends approval of the attached text amendments to the City's land development regulations. Attachments g: \cctxt9910.doc 3 September 28, 1999 ORDINANCE 43, 1999 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CITY CODE SECTION 78 -2 TO DEFINE "MINE," "MINING OPERATIONS," "BORROW PIT" AND "BORROW PIT OPERATIONS," AND TO AMEND THE DEFINITION OF "EXCAVATION AND FILL OPERATIONS"; AMENDING CITY CODE SECTION 118 -246 TO ALLOW BORROW PIT OPERATIONS AS A CONDITIONAL USE IN CERTAIN LIMITED ZONING DISTRICTS; AMENDING CITY CODE CHAPTER 94 TO CLARIFY THE DECLARATION OF POLICY, TO DELETE SEPARATE PROVISIONS FOR PENALTIES, TO CLARIFY WHEN EXCAVATION AND FILL OPERATIONS AND BORROW PIT OPERATIONS MAY BE ALLOWED, TO SUPPLEMENT REGULATIONS FOR EXCAVATION AND FILL OPERATIONS, TO BAN MINING OPERATIONS UNLESS APPROVED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO ESTABLISH REGULATIONS FOR BORROW PIT OPERATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to supplement and amend the land development regulations in the City Code governing the closely- related land uses of mining, excavation and fill, and borrow pits; and WHEREAS, the City Code presently does not define "borrow pit "; "mine "; and "mining operations "; and WHEREAS, "mine" and "mining operations" are defined in Section 378.203, Florida Statutes, and "excavation and fill" is defined in Section 78 -2 of the City Code; and WHEREAS, Policy 6.1.4.2 in the Conservation Element in the City of Palm Beach Gardens Comprehensive Plan and Section 94 -4 in the City Code presently prohibit any new commercial mining operations in the City; and WHEREAS, borrow pits and mining operations are considered principal or primary uses and excavation and fill operations are considered accessory or secondary uses to other principal uses; and WHEREAS, Chapter 94 in the City Code regulates "excavation and fill operations" within the City; and 1 WHEREAS, Section 118 -284, entitled "Borrow pits," in the City Code presently regulates any borrow pits in the City; and WHEREAS, the text amendments contained in this ordinance are consistent with of the City of Palm Beach Gardens Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. Section 78 -2, entitled "Definitions," of the City Code is hereby amended by amending the existing definition of "Excavation and fill" and by inserting, in alphabetical order, the definitions for "Borrow pit," "Borrow pit operations," "Mine," and "Mining operations," as follows, where new text is underlined and deleted text is striiclr: "Borrow pit " means an area of land that has been or is being used for the extraction of soil or other material for relocation to another site. "Borrow pit operation" means an activity for extracting soil or other material from the-earth for off -site relocation, disposing or storing soil or waste generated by such activities, or the creation or maintenance of any associated dam or pit. "Excavation and fill operation " means an activity, other than surveying or site preparation, utilized for the removal of soil on a parcel or tract of real property nn -ci *_P h ^rr ^�x *- --ia ?s for the purposes of creating lakes, drainage ditches, canals, or similar waterways etc. on such parcel or tract, nff and the transporting and relocation of such soil the m 1tPr;a'o nn c; ±P cr --- -; -- for the purpose of fill, including the storage of excavated soil, the storage and disposal of associated waste, and the creation or maintenance of any associated dam or pit. This is a single, short-term operation as part of the construction of an approved land development project and does not include alle. , for a long -term, ongoing excavation or extraction of soil or minerals for any purpose, including mining or borrow pit operations ^c a rnmmarr. of -- ---- �rioa ,--- -a r --� "Mine " means a land area upon which any extraction activities have been conducted, are being conducted or are planned to be conducted for extracting oil, gas, minerals or other valuable material or property from the earth. "Minim operation " means an activity, other than prospecting, surveying or site preparation, for extracting minerals or other valuable materials or property from the earth, disposing the waste associated with such activities, storing or relocating the extracted minerals or other materials, and the creation or maintenance of any associated dam or pit. 2 SECTION 2. The "Chart of Permitted and Conditional Uses" in Section 118 -246 of the Code of Ordinances is hereby amended, under the section entitled "Resources Production or Extraction," to allow borrow pits in M -2: Heavy Industrial and PDA: Planned Development Area zoning districts, if Conditional Use approval is granted by the City. SECTION 3. Chapter 94, entitled Excavation and Fill Regulations, of the City Code is hereby amended as follows, where new text is underlined and deleted text is struck: Mining, Excavation and Fill, and Borrow Pit Operations Sec. 94 -1. Declaration of policy. (a) It is dec!arcd the policy of the city, by and thrc-1- tl,P r,it, rv.,,,,, 1, to protect the property and residents of the city and its i„!,.,l,itn„ts from the dangers, public nuisances and other similar conditions created by improperly planned, poorly executed or inadequately supervised mining operations, excavation and fill operations and borrow pit operations wi *.?� ^�� *_ prn-r_r plena and SpeC1nntinno xxrhinh xxrnuulrl nt•entP including the following: (1) irregular holes Creating "holes" in the land, uunsibhtly x.vith which are unsightly and collect water in th, se h ^lea and that could become stagnant such water stagnates and contribute to the breeding of breeds mosquitoes; and (2) Creating uncovered mounds of excavated soil which are unsightly and contribute to the erosion of surrounding land, hasten the sedimentation of drainage canals and facilities, produce windblown irritants and contamination, and may change storm drainage off the site; and (3) (2) _^_rt_;f:n;w! Creating artificial lakes, drainage ditches, and canals, draininrt prime*- lnnrl which have been created or excavated without the proper planning, design, supervision, or governmental permits or approvals needed to avoid overburdening existing public drainage canals and/or drainage facilities, thereby creating flooding and unsanitary conditions in various parts of the city; and (4) (3-) Causing land to be left in a condition which Unsightly n-A x „non,;fn nnnrlitinno nnrl he a public nii;an „nP nn,l makes it impossible or impractical to develop for building rnnrnnoeser for any other useful purpose the !anal s^ cxcavated or makes it impossible or impractical for the city to plan and provide for proper and sufficient overall public drainage through its public drainage canals and other public drainage facilities ' vhen the city is not n�nr1P nxxeure that the nntiirnl lrninnrtP rn£lnnrl is h inn nh,nrrPrl nnrl the n�m�n�arle rlrninnrtP of anrh xxrill ha nnnnPntPrl to Pviobinrr rnuhlin rlrninnrte fnnilitiPa (b) Ordinances and resolutions hereafter adopted by the city concerning excavation and fill operations and borrow pit operations shall be consistent with preservation of Te Yreservc those lands now being used or which may be hereafter used for residential, business, Y!easure and recreational purposes and with fostering the to f^ster creation of new, suitable, and desirable locations to be used for residential, business, - !tas„re and recreational purposes. within thA ..itxr x,rnn in,-„d "nt ,vpr] fnr thnoo rxnrnn000 tho niter ol,nll -»nrnn t . - -�- nnA nninioo rtnxro- _---;-- _ ovonx » nfi-_ nn —A f 11 . --.1 »__» 1,.._ - - -- b.. b -._ - ». --- nrxnr^tinnc ._ -.__ Sen 91_2 in a=,rd nno with. oontinn 21 Q( of scnl. nn- 1: C §162.09, tho onrlo onfnrr•omont hnnrrl io rtrnr� }prj iiiriorlirtinn fnr of thio r•hnntor nnrl ohnll hnxro tho nnwor to imnnoo n f;np in the mnvimnrrx o— of Q'7S(1 00 nor rinxr xxrith on nh An- tl,o 7'nlntinn nooixro nnnoti +ntinrt n oonq.rgtp nffonoo nn nnv noronn xxrhn vinlntoo thin rhnntor Sec. 94 -2. Excavation and fill operations and borrow pit operations allowed. (a) An excavation and fill operation may be approved by the City Council as part of a development order issued in accordance with Chapter 118, Zoning, but not as an independent development order solely for excavation and fill. (b) Borrow pit operations may be approved by the City Council as a Conditional Use, in accordance with Chapter 118, Zoning. _ Sec. 94 -3. Permits required for excavation and fill operations; plans and specifications; surety; permit fees. (a) Before excavation and fill operations are is commenced Enr any n„rnnoa and after the overall development order has been approved by the City Council, the owner, lessee or authorized agent of the property owner or lessee of the affected property xxrhn prcnn -sco ovr nxrntinn shall obtain a permits from all applicable government agencies and then from the City tthc C;t.xr �n „nr;l no xxrAll ,. no nnv nn l nll nnnli�nhlo otnto nr forlornl norrnitc (b) The plans and specifications of the proposed excavation ands fill operations, showing the manner in which the land will be left after the excavation and fill excavatir-b /1'11: "b operations are }s completed, cr, ;f fl— exra�ra ±i"b nYOrntinn ;o tc e,- -te a shall include all dimensions of every lake, drainage canal or drainage ditch created, all dime_,o;-"o ^f o" h shall ho prn..,;,d -1 including slope dimensions required by subsection 94- 4(e)(1), together with all necessary information concerning where and how such waterways shall be connected to the 'existing public drainage facilities, if applicable,. All such plans and specifications shall be submitted by the applicant to the city for city prior to the vioihl-- commencement of the any excavation and fill operations. The plans and specifications shall be prepared to scale by a Florida registered engineer. (c) All fill material from approved excavation and fill operations shall remain on the subject property, provided that removal of any fill material may be permitted as an accessory use specified 2 in a development order approved by the City Council. As an accessory use, fill material created by excavation may be removed from the subject property and relocated to another site. (c4 Upon approval of Uthe plans and specifications are s^ -- preyed for excavation and fill operations, the applicant, before receiving a permit to commence the operations, shall provide surety in the form of a completion bond or irrevocable letter of credit to the City in an amount, with sere*_ and in such form, as is acceptable to the City, securing and guaranteeing the carrying out of the approved thQsc plans and specifications. The applicant shall pay such excavation and fill permit fees as may be established by the city. ^ „n. ;l a-rd ^n f;1P in thA n-;fv (rll Anyone The nars,rnn receiving fill material shall be responsible for the payment of the permit fees to se*_ f ^rth b;, -the City when the excavation site designated in the permit application is not located in the city; otherwise, the excavator identified in the fill permit application shall be responsible for payment of the fees. (f) Prior to any permit being granted for excavation and fill operations, the applicant shall provide a letter to the City certifying the applicant's familiarity and intent to comply specifically with the regulations and standards found in Chapter 34, entitled "Environment,” and Chapter 98, entitled "Landscaping and Vegetation Protection," of the City Code. (g) Upon completion of an excavation and fill operation, a Florida- registered engineer shall provide the City with a signed and sealed plan indicating the work has been performed in accordance with the approved plans. Sec. 94 -54. Permits required for borrow pit operations; plans and specifications; permit fees. (a) Before borrow pit operations begin, the owner, the lessee or an authorized agent of the owner or lessee of the affected property shall obtain approval and a permit for a conditional use, as well as all applicable county, district, state or federal permits. (b) The plans and specifications of the proposed borrow pit operations shall meet the same requirements as set forth by this chapter for excavation and fill operations. The plans and specifications shall be prepared to scale by a Florida - registered engineer. (c) The applicant shall pay city permit fees to develop a borrow pit. (d) Prior to any permit being granted for borrow pit operations, the applicant shall provide a letter to the city certifying the applicant's familiarity and intent to comply specifically with the regulations and standards found in Chapter 34, entitled "Environment," and Chapter 98, entitled "Landscaping and Vegetation Protection," of the City Code. (e) The grading and construction of slopes in a borrow pit shall at least meet the minimum standards adopted by the South Florida Water Management District. Alternative slopes and cross - sections may be required by the City. Grades and slopes shall be constructed to minimize soil erosion and to make the land surface suitable for revegetation. The slopes shall be adequately vegetated with appropriate ground cover, which may include grass seeding, from the top of bank to edge of water within 30 days of final grading, and thereafter maintained to prevent wind and water erosion. (f) Upon completion of a borrow pit operation, a Florida - registered engineer shall provide the City with a certified plan indicating the work has been performed in accordance with the approved plans. (g) A borrow pit which was lawfully in use prior to the effective date of this ordinance may continue to be used, provided that any enlargement of such a borrow put shall require a permit . from the city and be subject to the ordinances and regulations in effect at the time that the enlargement is proposed. Sec. 94 -45. Mining operations prohibited and nnrtn_n restricted T�Tn mininn nr nthPY Pv! wattnnc fnr rxnrrxncPC nthPr than the rnnotrnrtinn n f a xxmll 1rivPtvw 0irlPtx/n1L hnilrlinR nr rx 'Irt thPran n- ' nc Pvrxracclx/ t-PrmtttPrl k- A" n- fher nr�linnn PO n- rT }x/ No mining operations shall be permitted or commenced on any ut_'_Y!wtt °d lands within the city, cxcPrt ---- -- ;-I <, »th ti,;s chapter, unless approved by a development order issued prior to the effective date of the ordinance which adopted this section SECTION 4. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 5. The City Cleric is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. SECTION 6. This ordinance shall be effective upon adoption. 6 PASSED ON FIRST READING THIS DAY OF ADOPTED ON SECOND READING THIS DAY OF JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR ATTEST: BY: LINDA V. KOSIER, CMC, CITY CLERK 1999. 1999. DAVID CLARK, COUNCIL MEMBER ERIC JABLIN, COUNCIL MEMBER CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCIL MEMBER CLARK COUNCIL MEMBER JAB LIN COUNCIL MEMBER SABATELLO g: \excavation 7 SG le- en § 118 -281 PALM BEACH GARDENS CODE ,fJ �� -S b. Unless otherwise approved, fronting development shall be responsible for the perpetual maintenance and irrigation of the parkway. Development on either side of the parkway shall share the responsibility of maintaining the median land- scaping along the length of the developments. c. If the city establishes a special district or other entity to assume responsibility of the parkway system, the development shall automatically become a member of the district: This condition shall also be made a part of property owners' association documents. (Code 1987, § 159.060) Sec. 118 -282. Utility plants and substations. Water, sewerage, electric, gas or other utility plants and substations are permitted in any zone as a conditional use after a public hearing has determined that the proposed use is consistent with the comprehensive plan and compatible with the surrounding uses. (Code 1987, § 159.061; Ord. No. 13 -1995, § 2, 10- 19 -95) Sec. 118 -283. Utility poles. Existing utility poles as required by public utility companies shall not be required to meet the setback requirements under this chapter for structures. All new or replaced poles shall be concrete and shall conform to city standards with regard to location within public rights -of- way and easements. (Code 1987, § 159.062) Sec. 118 -284. Borrow pits. A borrow pit is permitted as a conditional use, provided it involves the removal of natural earth materials, not including any type of processing, manufacturing or other activity that converts the natural materials into a product, in conformance with chapter 94. An operation where earth materials are moved from one location to another on the same site shall not be construed to be a borrow pit usage even though a permanent pit may remain. A borrow pit s_. which was lawfully in existence and in active use on the effective date of the ordinance from which this section derives may continue as provided in these regulations; however, any --- - -. - -- enlarging of the - borrow pit shall be subject to the regulations ie�i L -at the time -thy — enlargement is proposed. (Code 1987, § 159.063) Sec. 118 -285. Home occupations. . Home occupations permitted under this chapter are subject to all of the following conditions: (1) No person other than members of the family residing on the premises shall be engaged in the occupation. CD118:120 MEMORANDUM TO Bobbie Herakovich, City Manager FROM Kent R. Olson, Finance Director f J� SUBJECT : Solid Waste, Recycling and Vegetative Waste Bid DATE October 1, 1999 Attached please find a copy of the revised Solid Waste, Recycling and Vegetative Waste Invitation to Bid. Changes other than "Proposal" to "Bid" have been highlighted in the document. Please note the pre - qualification section is almost identical to that used by the Solid Waste Authority of Palm Beach County(SWA). The bid document is dated November 1, but if time allows we will issue it sooner. Please note the Review Committee that is contemplated in the Pre - qualification section is slightly different from the SWA document. The Review Committee proposed consists of two City staff members and three staff members of other jurisdictions. The three other staffers would be made up of one representative from SWA and one each from two other municipalities. The SWA has three staff members, one County Commissioner and one member of a standing Citizens Advisory Committee. Since we have no advisory committee, I think it would be best if we utilized staff members from other jurisdictions. These staff members would be involved in the solid waste collection oversight for their own jurisdictions. I INVITATION TO BID FOR SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION SERVICES City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 November 1, 1999 CITY OF PALM BEACH GARDENS, FLORIDA 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 INVITATION TO BID BID NAME: SOLID WASTE, RECYCLING AND VEGETATIVE WASTE COLLECTION SERVICES The City of Palm Beach Gardens is soliciting bids for Solid Waste, Recycling and Vegetative Waste Collection Services, for the period beginning April 1, 2000 and ending March 31, 2005. Sealed bids must be received on or before December 7, 1999, at 2:00 P.M., Eastern Daylight Time (EDT), at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 A.M. - 5:00 P.M., Monday through Friday except holidays. ANY Bid RECEIVED AFTER THE SPECIFIED TIME WILL NOT BE CONSIDERED. The Bidder is solely responsible for ensuring the Bid is received on or before the deadline. On the envelopes; containing the Bid shall be written in large letters: Bid For: Solid Waste, Recycling and Vegetative Waste Collection Services(Pre- qualification) To Be Opened: December 7, 1999 at 2:00 p.m. Bid For: Solid Waste, Recycling and Vegetative Waste Collection Services(Prices) To Be Opened: January 6, 2000 at 2:00 p.m. ALL BIDS FOR PRE- QUALIFICATION WILL BE OPENED IN THE CITY COUNCIL CHAMBERS AT 2:00 P.M., December 7, 1999. ALL PRICE BIDS WILL BE OPENED IN THE CITY COUNCIL CHAMBERS AT 2:00 P.M., JANUARY 6, 2000. BO T)%BI17 EN ELOPES vIUST BE SLTB1VIiTTED T'O THE CITY CLER1 ffl" BEFORE All Bids not submitted on the required forms will be subject to rejection. Forms are available in the City Clerk's Office during normal City business hours. Bids must be signed in ink in space(s) provided on Bid Form(s). The Bid shall include all information requested on form(s) and shall be in the units specified on each items. AGREEMENT: It is agreed by the Bidder that the signing and delivery of the Bid represents the Bidder's acceptance of the terms and conditions of the Specifications and if awarded the Contract by the City, the Specifications and the Bid as accepted will represent the agreement between the parties. The City reserves the right to negotiate with the winning Bidder adjustments to rates which would not affect the overall value of the agreement. The City of Palm Beach Gardens reserves the right to reject any or all Bids, in whole or in part, with or without cause, to waive any informalities and technicalities, and to award the Contract on such coverage and terms it deems will best serve the interest of the City. Any questions regarding the Bid Specifications and process should be directed to: Kent R. Olson Finance Director City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Phone: (561) 775 -8203 Fax: (561) 775 -1023 I CITY OF PALM BEACH GARDENS, FLORIDA GENERAL TERMS AND CONDITIONS 1. SPECIFICATIONS 1.1 All sections of the City's General and Technical Specifications and all supplementary documents are essential parts of the City's contract and requirements occurring in one area are deemed as though occurring in all. These Specifications and documents in their entirety shall be included in, and made a part of, the Contract between the City and the successful Bidder. 2. BOND AND INSURANCE REQUIREMENTS 2.1 Bond and insurance requirements are detailed in the City's General and Technical Specifications. 3. PREPARATION OF BIDS 3.1 Bidder shall submit three (3) copies of the Bid on the prescribed form provided in the General and Technical Specifications. All copies must be plainly marked by the Bidder who will be responsible for their correctness. All blank spaces must be filled in as noted in ink or type. BIDS having erasures or corrections must be initialed in ink by the Bidder. 3.2 Only one Bid from any individual firm, corporation, organization or agency under the same or different name shall be considered. Should it appear to the City that any Bidder is interested in more than one Bid, all Bids in which such Bidder has interest will be rejected. 3.3 Any deviation from the General and Technical Specifications must be explained in detail. Otherwise, it will be considered that labor, materials and equipment being bid is in strict compliance with the Specifications and the successful Bidder will be held responsible for meeting the Specifications. Any exceptions or clarifications to any section of the Specifications shall be clearly indicated on a separate sheet(s) attached to the Bid Form and shall specifically refer to the applicable specification paragraph and page. 3.4 A Bidder is expected to fully inform himself as to the requirements of the Specifications and failure to do so will be at his own risk. A Bidder shall not expect to secure relief on the plea of error. 4. MINIMUM BIDDER QUALIFICATIONS` � °QUIRED�SUBMITTAIS 4.1 TL_ L. La L a W LLlal 1 i iii, �.,i�y ii,��,i vi.� iiit� ii�ii� iv iiian�. �uiii iiivwii�aiiviii a� ii, iiiaj% u�.�.iii niii,��ai j% i� i,�iauii�ii n_______ — ___r�_� .L .. __ �_ Pill Bidders must un vviliYvwii� y anu Imain.iai aunny vi auy i ivpva�i w pw.0iui un, wvin. I rovefto,the satsfactbo�ri�of�""h"�e eye Gtiinmtkee�that�the idlers meet eyminunum re urementsdescribe� below �AIi ;��ers� � su init a��l �f�Fthe�do umenta'tio� nom. required, r �e curnentatioi%shaiilcl be.�liriefy clearly�wr�i en°aiid }to e�po�in,,t�hu;��ilore o s��irut all�he gi�edtlo�u�a��ta. ieA�sl��be tam` o clis�uaTificaton = ye Bidder at��" �e 'lie" idler,�musf. have a .. um of �five��ears�of successfiil,�experie�ce�ln collecting Additionally the Bidder' inusthaue;experiericecolle "ctuig solid waste and recyclable materials u....w.e _..M.,.. A _.:w . , ....... ....... of a q" o nulation size �measurednbynuiriber and a of residential nits corn arable to the e Bidder must provide a statement of B drier s financial stability, uicluding utfarma 0 as o':: current or prior bankruptcy procee�ings�Th�Bidder 'must uiclude�a copy of the most ' ieB�dder m,• ustprovtdeummmaryafany itigation filed against the�Bddersl the pas three y�s' which�related�tofthe services that B Wider pro�c�es the r "egular course' off businesTlie�surnmary_; shall statue nature��he lit�gatlon, a brief escriptiof th�eycase andlor officers�related to theFservices being lircl addition;rNBider�ust,prouide ari�e�cplana�ion� ©fho��tlus a uipment�will be ern }the�City and how this a ux merit ill be suff dent to handle the i Off. , OR tota worklgad` incluclm If the Bidd "er#cooses :to provide a statement o %financ a cad liYli - thenthe Bidder ust s�iow a�detailedplan�pfactionshowing ,�at_aminimumR thepe �guantity� and �cost,�of equipment tlieBdier proposes o ac u e :offer !ice# ;' e: Ci andthe number of em 1© ees tobe�hired Bic�ier ust sth�at�#h�e�fu�rids a�ailable�as_�l�o�w�n�Yri theinancialcapablity �ldce,mi%wspr�ouide axle er�of caromtme�m a late�of�loricla l�ic�eused`�bondu'Y company to r��o�i�e�aPe forrriance7�ontl fog sei�`ces as : ids _hem etter�'of c�mmitrnent�must specficallya cc e tithe Perform c nd an ua e , diloilar sized abated nl this bldg ,j 6f P� w .�.,.,.._._ �'he Reulew Committee= w�illdls'qu�lfy�anny6�Bidde�s� that m lie exalt -erg end orfalse'c1a_uns� 5. RECEIPT AND OPENING OF BIDS 5.1 All Bids must be submitted in a sealed envelope, addressed, and mailed or delivered as stated in the Invitation to Bid. Any Bidder may withdraw his Bid either personally, or by telegraphic or written communication at any time prior to opening of the Bid. All BIDS must be in the possession of the City Clerk's office at the time of the Bid opening. 5.2 The Bidder shall submit his Bid on the form furnished along with all information indicated on the form. BIDS shall be in the units specified for each item. The Bidder shall enter the company name wherever the Bid Form so indicates and shall sign the Bid Form wherever the Bid Form so indicates. Unsigned BIDS will be considered incomplete. 5.3 BIDS shall be opened and publicly read at the time and place indicated in the Invitation to Bid. 6 PRE= QIT'AI,IFI Q� ATION Aprequalificatoumrrlittee f twoICity staff members, and thr estaff rnembersfrom other �ur�sdlctionsshall ex ,amore „athedocumentaton submitted iu the pre qualification envelopes to :�eterrnue fthe res onslveness andrespons %ilty of each "Bdiier Aiiy�B�dcler furion= tesponsiveandfor not rieetulg qualifications ley rma�orty votes shad have theireollection franchise td form enr�eope�s returned�unopened ' h re uallficahoncommlttee�will�base its reconmendatio�ns: pincpally pn the �subniteci documents�and acheck ofr.the�refereiices�rypTo�iil �hth�e hid Howe er the com n ttee reserves theµrr„ight�fo make addtlonalinquiries ,lriterYle�w�sou e or all aof�the sBidders, make bite ,isits, obtamcred�t reports orwanyµother aetio tdeerns�necessary tasa�rly eualuateall Bidders = Thecommittee m� at�ts�sole diSCIetiori�reaect a Bidder, Thos�,eBidders that successfall��preuaiifyall 1av�e Mthelr bids opener publicly on�Tarivary DOOin' the City Cquncilhambers: 6 2 E . CONSIDERATION OF BIDS AND AWARD OF CONTRACT 7.141 The City anticipates awarding the Contract to the successful Bidder at the January 20, µ2O00 regular meeting of the City Council. The City reserves the right to negotiate with the winning Bidder adjustments to rates which would not affect the overall value of the agreement. 2 Failure on the part of the successful Bidder to execute a Contract within fifteen (15) days after the notice of acceptance shall be just cause for annulment of award. The City may then accept the Bid of another Bidder or re- advertise for Bids. 7; If the Bid of another Bidder is accepted, this acceptance shall bind such Bidder as though he were the original successful Bidder. 7 4 Bids are being solicited on the basis of unit prices for each type of work for solid waste collection, recycling and vegetative collection. Bids will be compared on the basis of the summation of the unit prices Bid and the products of the quantities of items listed at the unit prices Bid. In case of a discrepancy between the total shown on the Bid Form and that obtained by adding the products of the quantities of items at the unit prices, the unit prices as written out in words in the Bids shall govern and any errors found in the Bids and in addition will be corrected. . The City of Palm Beach Gardens reserves the right to reject any or all Bids, in whole or in part, with or without cause, to waive any informalities and technicalities, and to award the Contract on such coverage and terms it deems will best serve the interest of the City. 7=6 The City reserves the right, prior to the award of this contract, to perform an "On Site" inspection of the Bidder's equipment and facilities to be used in the performance of work under this Contract as to conditions, quantity and availability of sufficient equipment both for the performance of daily work and for backup in case of equipment breakdown. 81 CONFLICT OF INTEREST 81""'l' The award hereunder is subject to the provision of State Statutes and City Ordinances. 8 ,2 The Bidder, by affixing his signature to the Bid Form, declares that the Bid is made without any previous understanding, agreement, or connections with any City official or persons, firms, or corporations making a Bid on the same items and without any outside control, collusion or fraud. By signing the Bid, the Bidder further declares that no City Council Member, other City officer, or City employee directly or indirectly owns more than five (5) percent of the total assets or capital stock of the Bidder entity, nor will directly or indirectly benefit by more than five (5) percent from the profits or emoluments of this contract. 9,,; LEGAL REQUIREMENTS Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder will in no way be a cause for relief from responsibility. Vendors doing business with the City are prohibited from discriminating against any employee, applicant for employment or client because of race, creed, color, ancestry, religion, national origin, sex, or age with regard to, but not limited to the following: Employment practices, rates of pay or other compensation methods and training selection. A person or affiliate who has been placed on the convicted vendor list following a conviction for a pubic entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit BIDS on leases of real property to a public entity, may not be awarded or perform work as a contractor, 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, for CATEGORY TWO for a period of 36 months from the date of begin placed on the convicted vendor list. 9,1 %3„s The obligations of the City under this award are subject to the availability of funds lawfully appropriated for this purpose. 91,,,F4 This ItationMto Bid shall be included and incorporated into the final award. 10:' WOMEN /MINORITY BUSINESS ENTERPRISE (W/MBE) POLICY 1 It is the policy of the City to provide minorities and women equal opportunity for participating in all aspects of the City's contracting and procurement programs, including but not limited to employment, construction, development projects and lease agreements, consistent with the laws of the State of Florida. It is further the policy of the City to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, color, national origin, creed, sex, age, handicap or veteran's status. 141.; BIDDER'S RESPONSIBILITY 11 1. Each Bidder is required, before submitting his or her Bid, to carefully examine the Bid Specifications and to completely familiarize himself or herself with all of the terms and conditions that are contained within this document. Ignorance on the part of the Bidder will in no way relieve him or her of any of the obligations and responsibilities which are a part of this Bid. 12: CONTRACTUAL AGREEMENT 121 This Request For Bid shall be included and incorporated in the final award. The order of contractual precedence will be the purchase order, Bid document and response. Any and all legal action necessary to enforce the award will have venue in Palm Beach County and the contractual obligations will be interpreted according to the laws of Florida. Any contract or agreement required by vendor must be enclosed at the time of Bid submittal. 13 PUBLIC RECORDS LAW 13 r <1& In conformance with the Florida Public Records law, all financial statements submitted with Bid documents are not available for public inspection. CODE OF ETHICS X14 1 If any Bidder violates the Code of Ethics of the State of Florida with respect to this Bid, such Bidder may be disqualified from performing this work and future work for the City. W ADDENDA Addenda issued by the City prior to the Bid opening shall be binding as if written into the Specifications. Bidder shall acknowledge receipt of the same as indicated on the Bid Form. If no Addenda are issued, then "none" shall be indicated. If Addenda are issued, Bidder shall indicate the addenda received by listing each by its number (e.g., #1, #2, #2A, etc.) and attaching a copy of the addenda to the Bid. A rVrV ACID KY;'IkTrV rVd'N Yb! -3 K Pxx A x A %-Y "ILU Al k-PJLXIVA MiToTAXS X16 l The Bidder is required to submit each of the attach-c-'d to following his/her completed I' "id submittal lectmg,,§q,.-,.j e, recyclable materials an . ... ..... . -j ist) of facilities equipment and 3 A Id'=tqEj msurdincompliancewith tlieGeneraland Technical Specifications 7, Copy, ofBic�der�s_ MIWBE "�ertYfic'a��teJ;fapp�licable Company si ed €and ealedb� tc llere lndca�ed o � =a`�lfinns�%�ufich area ra�edb'" die Re :clew Committee thesesBdsw� b�=opene , n J�nu� , 200 �, .hole %ms wh"°lch are not - reualfied shall�lia�e EE eirPrlce�Brds re =ned �°no elie�" `AII.:i' 4 CEEB} � MUST B��SUBMiy n� �ED�A 200 F,� M ON.L7EC��IBER7, 1999 L i�7YC11U1X 1Ticgc iption A n:a n._ „a L""1 JJ1LL 1jV11LL n n� C �C T„ ._- „ 1J 11VV1 Vl 111-0UL a11GG t. Most 1\00011L r1UUlLGLL 1'111Q11G1Q1 3LaL1.111G11L`0) 0j. 111LL1 V 1u Ua1/ L.V1111J0.11y / V V1l7V1 Ql1V1U 1 al Glll Tln_._..F .,C A La:a_. 4._ llLa..:„ n.._.r._...�._ T),. „.1 L! 1 LVVL Vl !'1U111Ly LV Ubta 11 1 G11V11nani G 1JV111J `111-0U1 a11GG Blnuk L) T. I-% l r n:aa r.„ L 1J1Jl.1VJUEC Vl 1J1LLLLG1 J L.i1111J1Vy 111Gl11 1 V11G1GJ� Tvv7ag%s and LlilPIVY.- , 1n.JC LIC11ts 1' 1JGLai1GU 1:1iU11J111G11t L1Jt "AU WE this r_ „._ ,. Vl11lact n T r T___: „„,__„ a v tJ Lvl.ativll Vl J_i4ulll1m,11t and 1 and 11 1 \1.11.1 G11GGJ a11LL Li111JG111.11GG W�..rc a' a n�,.: n�v....�• L.V11ll11G1610.1 Q11U 1\GJ lUG11L1a1 JV1111 vY aJLG L.VI1GGLlo11 v G�GLQLIVG vTQJLG %- V11GGL1V11 - 1 \GGy Gllll� �.JGl V 166-0 i "r-Lig- ECC Tvv7v' TWIa”, �C,itiliC,atloik 17 BIDDERS CONFERENCE There will be a non - mandatory Bidders Conference held on Tuesy,�Noember 16; 1999` in the Council Chambers at 10:00 a.m. GENERAL AND TECHNICAL SPECIFICATIONS FOR SOLID WASTE, RECYCLING AND VEGETATIVE WASTE COLLECTION SERVICES WITHIN THE CITY OF PALM BEACH GARDENS, FLORIDA NOVEMBER 1, 1999 I TABLE OF CONTENTS ARTICLE I GENERAL INFORMATION 1. LIAISON BETWEEN CITY AND CONTRACTOR 1 2. COMMENCEMENT OF WORK 1 3. TERM 1 4. DEFINITION OF TERMS 1 ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR - SOLID WASTE COLLECTION 5. DESCRIPTION OF THE WORK 6 5.1 Contractor Responsibility 6 5.2 Protection of Adjacent Property and Utilities 6 5.3 Spillage 6 5.4 Designated Facility 6 6. RESIDENTIAL COLLECTION SERVICE 7 6.1 Scope 7 6.1. l Frequency of Collection 7 6.1.2 Hours of Collection 7 6.1.3 Point of Pickup of Residential Solid Waste 7 6.1.4 Curbside Collection 7 6.1.5 Containerized Collection 7 6.1.6 Method of Collection of Residential Solid Waste 8 6.1.7 Vacant Lots 8 7. COMMERCIAL COLLECTION SERVICE 8 7.1 Scope 8 7.1.1 Frequency of Collection 8 7.1.2 Point of Pickup of Commercial Solid Waste 9 7.1.3 Commercial Receptacles 9 7.1.4 Method of Collection of Commercial Solid Waste 9 7.2 Exclusions 9 8. MUNICIPAL COLLECTION SERVICE 9 8.1 Scope 9 8.1.1 Collection and Containers 9 8.2 Special Events 10 9. SCHEDULE OF ROUTES 10 9.1 Schedules 10 9.2 Streets 10 9.3 Natural Disasters 10 9.4 Holidays 10 10. COLLECTION EQUIPMENT 11 11. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE AND SLUDGE 12 ARTICLE III SERVICES TO BE PERFORMED BY THE CONTRACTOR - RECYCLING 12. DESCRIPTION OF THE WORK 12 12.1 Scope 12 12.2 Frequency of Collection 12 12.3 Hours of Collection 12 12.4 Point of Pickup of Recyclable Materials 12 12.5 Receptacles 12 12.6 Method of Collection of Recyclable Materials 13 12.7 Schedules and Routes 13 12.8 Monitoring Records 13 12.9 Marketing of Recyclable Materials 13 12.10 Equipment 13 12.11 Holidays 14 13. PROMOTION: PUBLIC RELATIONS AND EDUCATION 14 ARTICLE VI SERVICES TO BE PERFORMED BY THE CONTRACTOR - VEGETATIVE WASTE COLLECTION 14. DESCRIPTION OF WORK 14 14.1 Scope 14 14.2 Frequency of Collection 15 14.3 Hours of Collection 15 14.4 Point of Pickup of Vegetative Waste 15 14.5 Preparation of Vegetative Waste for Collection 15 14.6 Method of Collection of Vegetative Waste 15 14.7 Routes 15 14.8 Equipment 16 14.9 Holidays 16 ARTICLE V QUALITY SERVICE 15. CONTRACTOR'S PERSONNEL 16 15.1 Contractor's Officer(s) 16 15.2 Dangerous Animals and Solid Waste Collection 16 15.3 Conduct of Employees 17 15.4 Employee Uniform Regulations 17 15.5 Compliance with State, Federal and Municipal Law 17 15.6 Fair Labor Standards Act 17 15.7 Other Employee Benefits 17 15.8 Driver's License 17 15.9 Training 17 15.10 Non - discrimination 17 15.11 Drug -Free Workplace 17 16. CONTRACTOR'S OFFICE 17 16.1 Office and Equipment Yard 17 16.2 Notification to Customers 18 ARTICLE VI CHARGES, RATES, AND LEVEL OF SERVICE 17. PAYMENT AND BILLING 18 17.1 Compensation 18 17.2 Billing Procedures 18 17.3 Disposal Costs 19 17.4 Unusual Changes or Costs 19 17.5 Level and Type of Service for Collection of Other Wastes 19 ARTICLE VII CONTRACT PERFORMANCE /PENALTIES /DEFAULT 18. CONTRACT PERFORMANCE 20 19. COOPERATION /COORDINATION 20 20. COMPLAINTS AND COMPLAINT RESOLUTION 21 20.1 Office 21 20.2 Complaints 21 20.3 Disputes About Collection of Certain Items 21 21. DEFAULT AND DISPUTE OF THE AGREEMENT 21 22. RIGHT TO REQUIRE PERFORMANCE 24 ARTICLE VIII GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS 23. PERMITS AND LICENSES 24 24. TITLE TO WASTE 24 25. FRANCHISE FEES 24 26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL 24 27. BONDS AND SURETIES 25 27.1 Bid Security 25 27.2 Performance Bond 25 27.3 Requirements as to Surety 25 28. INSURANCE REQUIREMENTS 25 28.1 Coverages 25 28.1.2 Worker's Compensation 25 28.1.3 Comprehensive General Liability 26 28.1.4 Business Automobile Policy 26 28.1.5 Umbrella Liability 26 28.2 Certificate of Insurance 26 29. COMPLIANCE WITH LAWS AND REGULATIONS 26 30. INDEMNIFICATION 27 31. BOOKS AND RECORDS 27 32. NOTICES 27 33. TERMINATION 27 34. ILLEGAL PROVISIONS 27 ARTICLE IX UNIT INFORMATION 35. CITY POPULATION UNITS SERVICED 27 35.1 Municipal Collection Service 28 35.2 Municipal Special Events 29 BID FORM 30 DRUG -FREE WORKPLACE R ?rlA�IDAYIT 34 hl 1 L' 1 \ LlA 1 - t GENERAL AND TECHNICAL SPECIFICATIONS FOR SOLID WASTE, RECYCLING AND VEGETATIVE WASTE COLLECTION SERVICES ARTICLE I GENERAL INFORMATION 1. LIAISON BETWEEN CITY AND CONTRACTOR All dealings, contracts, notice and payments between the Contractor and the City shall be directed by the Contractor to the City Manager or his /her designee. 2. COMMENCEMENT OF WORK The work outlined in these specifications shall commence on April 1, 2000. 3. TERM 3.1 The term of the Contract shall be for a period beginning April 1, 2000 and terminating March 31, 2005. 3.2 The Contract may be renewed by mutual agreement for an additional five (5) year period. The Contractor must notify the City of its desire to extend the contract on or before May 1, 2004, but not sooner than March 1, 2004. The City will respond to the request for extension no later than July 1, 2004. 4. DEFINITION OF TERMS 4.1 Authorized Representative shall mean the employee or employees designated in writing by the City Manager to represent the City in the administration and supervision of the Contract. 4.2 Bidder shall mean any person, firm, corporation, organization or agency submitting a Bid for the work outlined or his duly authorized representative. 4.3 Biohazardous or Biomedical Waste shall mean those wastes which may cause disease or reasonably be suspected of harboring pathogenic organisms, included, but not limited to, waste resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. 4.4 Bulk Trash shall mean any non - vegetative item which cannot be containerized bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, 1 toilets, pool heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar domestic appliances, household goods and furniture and shall not be commingled with Vegetative Waste. There shall be no weight limit for any item of Bulk Trash. 4.5 City shall mean the City of Palm Beach Gardens, Florida. 4.6 Collection shall mean the process whereby Solid Waste, Vegetative Waste or Recyclable Material is removed and transported to a Designated Facility. 4.7 Commercial Service shall herein refer to the service provided to business establishments, churches, schools, apartments (for profit buildings containing over four (4) living units are classified as commercial accounts), rental communities, office buildings and other establishments. Service shall include container rental, the rolling out and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container locations, supplying locks and locking mechanisms for containers, and other services required for the proper maintenance of containers. 4.8 Commercial Solid Waste shall mean any Solid Waste generated by the operation of stores, offices, and other commercial businesses. Commercial Solid Waste shall not include Special Waste. 4.9 Construction and Demolition Debris shall mean materials defined as such from time to time by the Department and Chapter 17 -7, F.A.C. 4.10 Contract or Agreement shall mean the Contract executed by the City and the Contractor for the performance of the work. 4.11 Contractor or Vendor shall mean the person, firm, corporation, organization or agency with whom the City has entered into an agreement to provide the services described herein. 4.12 Containerized Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Contractor from Residential Service Dwelling Units that requires the use of Containers for the collection of Recyclable Materials and the delivery of those Recyclable Materials to a Designated Facility. 4.13 Containerized Residential Solid Waste Collection Service shall mean the collection of Solid Waste by the Contractor from Residential Service Dwelling Units that utilize Containers for the collection of Solid Waste and the delivery of the Solid Waste to a Designated Facility. 4.14 Curbside Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Contractor from Residential Service Dwelling Units whose Recyclable Materials are collected at the curbside or roadway and the delivery of those Recyclable 0) Materials to a Designated Facility. 4.15 Curbside Residential Solid Waste Collection Service shall mean the collection of Solid Waste by the Contractor from Residential Service Dwelling Units whose Solid Waste is collected at the curbside or roadway and the delivery of that Solid Waste to a Designated Facility. 4.16 Curbside Residential Vegetative Waste Collection Service shall mean the collection of Vegetative Waste by the Contractor from Residential Service Dwelling Units whose Vegetative Waste is collected at the curbside or roadway and the delivery of that Vegetative Waste to a Designated Facility. 4.17 Department shall mean the Florida Department of Environmental Protection. 4.18 Designated Facility shall mean a disposal processing, recovery, recycling or transfer facility designated by the City Manager or his /her designee. 4.19 Disposal Costs shall mean the "tipping fees" or landfill costs charged to the Contractor by others for disposal at a Designated Facility of the waste collected by the Contractor. 4.20 Equipment Yard shall mean a real property location that shall be utilized by the Contractor for the storage and keeping of all equipment needed by the Contractor to provide all services under this Agreement. 4.21 Garbage shall mean all putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Vegetative Waste shall not be commingled with Garbage in the same collection. Garbage shall not include any material that falls within the definition of Special Waste. 4.22 Garbage Receptacle shall mean any commonly available light gauge steel, plastic, or galvanized receptacle of a non - absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Any receptacle including waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in weight. 4.23 Hazardous Waste shall mean solid waste as defined by the State of Florida Department of Environmental Regulation as a hazardous waste in the State of Florida Administrative Code, or by any future legislative action or by federal, state or local law. 4.24 Industrial Wastes shall mean any and all debris and waste products generated by manufacturing, food processing (except in restaurants and homes), land clearing, and 3 commercial shrubbery or tree cuttings, building construction or alteration (except do -it- yourself projects) and public works type construction projects whether performed by a government unit or by contract. Industrial wastes are not included in the scope of this contract. 4.25 Loose Refuse shall mean any refuse, either garbage or household trash stored in and collected from any type of container other than a mechanical container or garbage can as described in Section 4.22 and 4.14. Refuse which is collected from the ground is considered loose refuse. 4.26 Mechanical Container shall mean and include any detachable metal container designed or intended to be mechanically dumped into a loader /packer type of garbage truck used by the Contractor. 4.27 Mixed Paper shall mean a mixture of paper products including magazines, catalogues, phone books, cereal boxes, soda and beer can boxes, chipboard, file folders, envelopes, letter paper, junk mail, notebook paper and any other clean paper products. 4.28 Multiple - Family Dwelling Units shall mean any building containing two (2) or more permanent living units, not including motels and hotels. 4.29 Performance Bond shall mean the form of security approved by the City and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract. 4.30 Recyclable Materials shall mean newspapers (including inserts), aluminum, aluminum foil, plastic containers, glass bottles and jars, aeseptic containers, corrugated cardboard, brown paper bags, Mixed Paper, tin and ferrous cans, household dry -cell batteries (no wet -cell batteries), and other solid waste materials added upon Agreement between the City and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. 4.31 Recycling shall mean any process by which solid waste, or materials which otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. 4.32 Residential Solid Waste shall mean Garbage, Trash and Bulk Trash resulting from the normal housekeeping activities of a dwelling unit receiving Residential Service. Residential Solid Waste shall also mean Construction and Demolition Debris (C &D) resulting from minor home repair from the dwelling unit. 4.33 Residential Service shall herein refer to the Solid Waste, Recycling and Vegetative Waste collection service provided to persons occupying residential dwelling units within the City who are not receiving commercial service. 4 4.34 Rolloff Collection Service shall mean the Collection of Construction and Demolition Debris only rolloff containers, or the Collection of Collection and Demolition Debris by other mechanical means, within temporary locations in the City, limited to new construction sites, or the collection of commercial waste in rolloff containers. Rolloff Collection Service shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use rolloff containers for horticultural or agricultural waste, and horticultural and agricultural waste shall not include any other type of waste, including, but not limited to, Special Wastes, Garbage or Recyclable Materials. 4.35 Solid Waste shall mean any Trash, Bulk Trash and Garbage and other discarded matter, excluding Recyclable Materials. 4.36 Solid Waste, Recycling and Vegetative Regulations shall herein refer to regulations prescribed by the City together with such administrative rules, regulations and procedures as any be established for the purpose of carrying out or making effective the provision of this contract. 4.37 Sludge shall mean a solid or semi - solid, or liquid generated from any waste water treatment plant, water supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and related operations, or any other such similar waste having similar characteristics or effects. 4.38 Special Waste shall mean solid wastes that require special handling and management, which are not accepted at a landfill or other disposal facility or which are accepted at a landfill or other disposal facility at higher rates than is charged for Solid Waste, including, but not limited to, asbestos, automobiles, boats, internal combustion engines, non- automobile tires, Sludge, used oil, lead -acid batteries, liquid waste, Hazardous Waste and Biohazardous or Biomedical wastes. 4.39 Trash shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweeping, broken toys, tools, utensils, and all other accumulations of a similar nature other than Garbage, which are usual to housekeeping and to the operation of stores, offices and other commercial businesses, but shall not include Vegetative Waste. 4.40 Uniform Level of Service shall mean any and all Garbage and Trash, whether commercial or residential, which conforms to the preparation and storage requirements of this contract. 4.41 Vegetative Waste shall mean any vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. Residents shall be strongly encouraged to bag or containerize all grass clippings, leaves, pine needles, and similar small loose items. Large Vegetative Waste items must be not more than twelve (12) feet in length, and 5 shall be placed neatly at the curb. Vegetative Waste does not include any form or matter or debris resulting from tree removal, land clearing, land development, or ,waste generated by tree surgeons, landscapers or lawn maintenance services. ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR - SOLID WASTE COLLECTION 5. DESCRIPTION OF WORK 5.1 Contractor Responsibility. The Contractor shall provide Solid Waste collection services within the City Limits of Palm Beach Gardens. The Contractor shall have the exclusive right to provide Solid Waste collection service, excluding Rolloff Collection Services, in the City in accordance with the Specifications herein. Information regarding residential and commercial volume may be found in Article IX. It is the responsibility of the Bidder to become familiar with and to determine for himself the nature and conditions affecting the collection of Solid Waste, Recyclable Materials and Vegetative Waste in Palm Beach Gardens, Florida, and the disposal of same. The Contractor should particularly take note of the requirements of the Florida Solid Waste Management Act and other applicable federal and state laws, and is responsible for determining the impact of such legislation on its operations. The Contractor shall provide, at his own expense, all labor, insurance, supervision, machinery and equipment, plant building, trucks and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. 5.2 Protection of Adjacent Property and Utilities. The Contractor shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through its operations. The Contractor shall take cognizance of all existing utilities and it shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional cost to the owner any breakage or damage caused by its operation. 5.3 Spillage. The Contractor shall not litter or cause any spillage to occur upon the premises or the rights -of -way wherein the collection shall occur. During hauling, all refuse shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the Contractor, the Contractor shall promptly clean up all spillage. 5.4 Designated Facility_ . All Solid Waste shall be hauled to a landfill or to another permitted site or facility as directed in writing by the City Manager or his /her designee and disposed of at those facilities. Z 6. RESIDENTIAL COLLECTION SERVICE 6.1 Scope. The Contractor shall collect and dispose of all Solid Waste, except Special Waste, Hazardous Waste, Biohazardous or Biomedical Waste, and Sludge, from all single family homes, multiple - family dwelling units and mobile homes. Mobile home parks will be serviced as residential units but billed directly by the Contractor. 6.1.1 Frequency of Collection. The Contractor shall collect Solid Waste from places of residence within the City at least two (2) times per week, with collections at least three (3) days apart. 6.1.2 Hours of Collection. Collection shall begin no earlier than seven o'clock (7:00) a.m., and shall cease no later than six o'clock (6:00) p.m. The hours of collection may be extended provided the Contractor has received prior approval from the City Manager or his /her designee, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. No collection shall occur on Sundays or holidays (referenced in 9.4) except in time of emergency. 6.1.3 Point of Pickup of Residential Solid Waste. Collections of residential Solid Waste shall be at curbside or other such locations as will provide ready accessibility to the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the City Manager or his /her designee shall designate the location. The Contractor shall collect at curbside all bulk trash within three (3) days of placement. Nothing in this section shall require the Contractor to remove waste resulting from construction activity or the clearance of vacant lots, except as further required in Section 6.1.7 of these Specifications. 6.1.4 Curbside Collection. The Contractor shall be required to pick up all Solid Waste generated from residential units which have been properly prepared and stored for collection as follows: All Garbage shall be placed in a garbage can or in such other plastic disposal bag and shall be placed at curbside or at such other single collection point as may be agreed upon by the Contractor and the customer. Usual household Trash shall either be placed in containers where it shall be collected in the same manner as garbage or piled at curbside. Non - containerized trash shall be collected providing that is does not exceed eight (8) feet in length for any piece or segment of such materials. 6.1.5 Containerized Collection. Multiple - Family Dwelling Units receiving Containerized Residential Solid Waste Collection Service shall containerize all Garbage and 7 Trash. Bulk Trash shall be collected at a designated site agreed to by the Contractor and the customer and approved by the City. Containerized Services shall include the rolling out and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container location, supplying locks and locking mechanisms, and other services required for proper maintenance of containers. 6.1.6 Method of Collection of Residential Solid Waste. The Contractor shall make collections with a minimum of noise and disturbances to the householder. Front - end loader vehicles shall not be utilized for Curbside Residential Solid Waste Collection Service. Any Solid Waste spilled by the Contractor shall be picked up immediately by the Contractor. Garbage receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal and plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall be returned upright to such rack, cart or enclosure and lids shall be placed securely and properly on the top of said receptacles. In the event of damage by the Contractor for garbage receptacles, the Contractor shall be responsible for the timely repair or replacement of said receptacles with seven (7) days at no cost to the customer. The replacement must be similar in style, material, quality and capacity. Throwing of any garbage can, container, or recycle container is prohibited. 6.1.7 Vacant Lots. The Contractor shall also collect household trash, and garden and yard trash from the swale or right -of -way of vacant lots in residentially developed neighborhoods at no additional charge. The Contractor will pick up at curbside any debris resulting from minor remodeling or home improvement done by the resident. If there is a question concerning the Contractor's obligation to collect waste of this type the City Manager or his /her designee shall make such reasonable determination after investigating same. It will not be the responsibility of the Contractor to remove waste resulting from clearing property for building purposes. 7. COMMERCIAL COLLECTION SERVICE 7.1 Scope. The Contractor shall collect and dispose of all Solid Waste, except Special Waste, Hazardous Waste, Biohazardous Waste, Biological Waste and Sludge, from or generated by any commercial or industrial use, and any use not contained within residential services. 7.1.1 Frequency of Collection. Commercial uses may be collected at any time and will be made frequently enough to prevent containers from becoming overloaded. Commercial customers located adjacent to residential uses shall only be collected during residential collection hours as stated in Section 6.1.2. In the event a customer's container is consistently overloaded, the City will require the customer to use a larger container. In the event of an emergency, collection may be permitted at times not allowed by this paragraph, provided the Contractor has received prior approval from the City Manager or his /her designee, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. 7.1.2 Point of Pickup of Commercial Solid Waste. Commercial Solid Waste customers shall accumulate Solid Waste at locations that are mutually agreed upon by the customer and the Contractor and approved by the City which are convenient for collection by the Contractor. Where mutual agreement is not reached, the City Manager or his /her designee shall designate the location. 7.1.3 Commercial Receptacles. Commercial establishments shall use Mechanical Containers as defined in Section 4.21. Containers must be properly maintained and kept clean and sanitary. 7.1.4 Method of Collection of Commercial Solid Waste. The Contractor shall make collections with as little disturbance as possible. Any Solid Waste spilled by the Contractor shall be picked up immediately by the Contractor. 7.2 Exclusions. Rolloff Collection Services will not be included in the Agreement. The Contractor may enter into separate agreements for the collection of construction and demolition debris and other Rolloff Services at no obligation to the City. Nothing in these Specifications shall be construed to give the Contractor the exclusive right to provide such Rolloff Service. 8. MUNICIPAL COLLECTION SERVICE 8.1 Scope. The Contractor shall provide residential or commercial collection service, as appropriate, to all property owned, leased, rented or controlled by the City of Palm Beach Gardens including, but not limited to, those designated by the City Manager or his /her designee if acquired during the contract term. These services shall be provided at no charge to the City. 8.1.1 Collection and Containers. The Contractor shall empty all Solid Waste, Recycling and Vegetative Waste containers in any and all of the above mentioned properties at a frequency to be determined by the City Manager or his /her designee. The City shall have the right to use mechanical containers, commercial type trash cans with covers or any other container within the size limits prescribed by definition. The Contractor shall provide all mechanical containers for the use of the City, which said containers shall be kept in operable condition by the Contractor throughout the 0j life of the Contract. 8.2 Special Events. The Contractor shall provide at no charge to the City for all services, containers and equipment required for waste disposal and portable sanitation service at all special City functions or sponsored events deemed appropriate by the City Manager or his /her designee. 9. SCHEDULES AND ROUTES 9.1 Schedules. The Contractor shall provide the City Manager or his /her designee with schedules for all collection routes and keep such information current at all times. If any change in the collection routes occurs, the City Manager or his /her designee shall be notified in writing three weeks prior to said change. The City Manager or his /her designee shall approve all permanent changes in routes or schedules that alter the day of pickup. Upon approval of the City Manager or his /her designee, the Contractor shall immediately notify the affected customer(s) in writing or other method approved by the City Manager or his /her designee not less than two weeks prior to the change, at no cost to the City. Notification of day changes for Curbside Residential customers shall be by door hangar; notification to Container Residential and Commercial customers shall be by flyer, unless otherwise approved by the City Manager or his /her designee. All costs associated with the preparation and distribution of all notifications shall be borne by the Contractor. These notification requirements also apply to any day changes which may become effective October 1, 1999. Curbside Residential customers shall receive two notices - one two weeks prior to the change and a second notice one week prior to the change. 9.2 Access. The City reserves the right to deny Contractor's vehicles access to certain streets, alleys and public ways inside the City en route to the disposal site where it is in the interest of the general public to do so because of the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closures of less than eight (8) hours in duration. The City shall notify the Contractor of street closures of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and City. Customers under this contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. NOTE: The Contractor's attention is directed to the fact that at times during the year, the quantity of Solid Waste to be disposed of is materially increased by the influx of visitors. This additional load will not be justification for the Contractor to fail to maintain the required collection schedules and routes. 9.3 Natural Disasters. In the event of a hurricane, tornado, major storm or other natural disaster, the City Manager or his /her designee may grant the Contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the 10 Contractor shall advise the City Manager or his /her designee and the customer of the estimated time required before regular schedules and routes can be resumed. In the case of a storm where it is necessary for the Contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and Solid Waste resulting from the storm, the Contractor shall be required to work with the City in all possible ways for the efficient and rapid cleanup of the City. In such event, the Contractor shall receive extra compensation above the Contract price for additional employees, overtime, and cost of rental equipment, provided Contractor has first secured prior written authorization from the City Manager or his /her designee. The total cost for such service shall be based on rates jointly agreed to by the City Manager or his /her designee and the Contractor. Upon notice from the City, the Contractor shall secure or remove all receptacles, mechanical or portable, on City property. In addition, the City may require the Contractor to provide city -wide emergency vegetative collection prior to a storm. 9.4 Holidays. The Contractor will not provide service on the following holidays: Thanksgiving and Christmas. If the regular collection day falls on any of the aforementioned holidays, the Contractor shall collect the Solid Waste on the next regularly scheduled collection day. 10. COLLECTION EQUIPMENT The Contractor shall have on hand at all times, in good working order and sanitary condition, such equipment as shall permit the Contractor to adequately and efficiently perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. All replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. Equipment shall be of the enclosed loader packer type, or other equipment which meets industry standards and is approved by the City. All equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. Equipment is to be painted uniformly with the name of the Contractor, business telephone number and the number of the vehicle in letters not less than five (5) inches high on each side of the vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except of events sponsored by the City. 11. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE AND SLUDGE The Contractor shall not be required to collect and dispose of Special Waste, Hazardous 11 Waste, Biohazardous Waste, Biological Waste or Sludge, but may offer such service in the City. All such collection and disposal for the types of waste referenced in this section, when done by the Contractor, shall be in strict compliance with all federal, state and local laws and regulations. ARTICLE III SERVICES TO BE PERFORMED BY THE CONTRACTOR - RECYCLING 12. DESCRIPTION OF THE WORK 12.1 Scope. The Contractor shall collect all Recyclable Materials set out for the purpose of recycling from all single family homes, multi - family units of four (4) or less units under common ownership and individual mobile homes and mobile home parks within the City limits of the City of Palm Beach Gardens. The collection of Recyclables shall be conducted utilizing two containers. Additionally, the Contractor shall provide adequate mechanical containers recycling program for all condominiums and apartment complexes receiving containerized service. Multifamily containerized recycling services shall utilize ninety-six (96) gallon mechanical containers to collect Recyclable Materials. As it becomes appropriate or beneficial, other items may be added to the list of Recyclable Materials at the direction of the City Manager or his /her designee. 12.2 Frequency of Collection. The Contractor shall collect Recyclable Materials within the City at least one (1) time per week. The day of collection shall be on the same day as one of the collection days for solid waste. 12.3 Hours of Collection. Collection shall begin no earlier than seven o'clock (7:00) a.m. and shall cease no later than six o'clock (6:00) p.m.; provided, however, that in the event of emergency or unforeseen circumstances, collection may be permitted at a time not allowed by this paragraph following approval by the City Manager or designee. 12.4 Point of Pickup of Recyclable Materials. Collection of Recyclable Materials shall be at curbside or other such locations as will provide ready accessibility to the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the City Manager or his /her designee shall designate the location. 12.5 Receptacles. The Contractor shall pick up all Recyclable Materials which have been properly prepared for collection and placed in recycling containers or paper bags and set at curbside. The Contractor shall supply and distribute to each residence within the City two (2) container for Recyclable Materials to be collected. The cost of these containers will be borne by the Contractor. The containers shall be A -1 Products Corporation, Model 9732, "BLUE BOX ", or approved equivalent. Receptacles may be imprinted with a logo and /or 12 recycling theme as approved by the City. All recycling containers shall become the property of the City when distributed. The Contractor shall maintain an adequate supply of containers to provide for new residents. All recycling containers provided or replaced by the Contractor shall be identical in type, size and color for each type of recycling container. 12.6 Method of Collection of Recyclable Materials. Unless otherwise agreed in writing the Contractor shall separate at the point of pickup, at least the newspaper, aluminum cans, glass and plastics into different sections of the collection vehicle. The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any Recyclable Materials spilled by the Contractor shall be picked up immediately. Recycling containers shall be thoroughly emptied and left inverted at the point of collection. 12.7 Schedules and Routes. Recyclable Materials collection for a dwelling unit shall be made on one of the two solid waste collection days for that dwelling unit. Therefore schedules and routes shall match the schedules and routes for solid waste collection, except that the City Manager or designee is authorized to modify, extend or suspend schedules in the event of natural disaster, health hazard or any other state of emergency requiring such action. The City reserves the right to deny Contractor's vehicles access to certain streets, alleys and public ways inside the City en route to the disposal site where it is in the interest of the general public to do so because of the condition of streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closures of less than eight (8) hours in duration. The City shall notify the Contractor of street closures of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and City. Customers under this contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. 12.8 Monitoring Records. The Contractor shall be responsible for maintaining information and records adequate to determine participation rates and weekly set out rates by percent, volume of solid waste diverted from landfill by percent, weight by material of items recycled, neighborhoods above or below average participation and other information required by City, Palm Beach County or the State of Florida necessary to meet the requirements of the Solid Waste Management Act or to obtain grant funds from the Solid Waste Management Trust Fund. The Contractor shall furnish monthly reports to the City due by the 10th of the following month containing the requested information. 12.9 Marketing of Recyclable Materials. The Contractor and the City shall cooperate to develop markets for Recyclable Materials. To the extent possible, based on availability, capacity and market prices, the Contractor shall market the Recyclable Materials through local businesses operating in Palm Beach County. 12.10 Equipment. The Contractor shall have on hand at all times, in good working order and 13 sanitary condition, such equipment as shall perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of recycling equipment and shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. Collection vehicles shall have separate compartments into which the different recyclable materials may be placed. Prior to purchasing equipment, it shall be the responsibility of the Contractor to determine the available space, turning radii, ceiling heights, etc. of the likely buyers or processors of the recycled materials. All replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. Equipment is to be painted uniformly for the recycling program. The Contractor may also add his name and business telephone number to each side of the vehicle. The rear of the vehicle shall contain signs warning the public of frequent stops. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles except that approved by the City. 12.11 Holidays. The Contractor will not provide service on the following holidays: Thanksgiving and. Christmas. If the regular collection day falls on any of the aforementioned holidays, Residential Recyclable Materials shall be collected on the next scheduled recycling collection service day. 13. PROMOTION: PUBLIC RELATIONS AND EDUCATION The City and the Contractor will share responsibility for the promotion of the recycling programs. The City and the Contractor will cooperate in the design of promotional events and educational programs and the preparation of promotional materials such as door hangers and /or flyers for public distribution; however, the City's contribution shall be subject to budget, review and approval by the City. The Contractor will distribute written information to the residential participants on a periodic basis. The Contractor further agrees to conduct presentations for schools, civic groups, homeowners associations and other appropriate citizens groups. It is the Contractor's responsibility to provide information about those customers who repeatedly do not prepare or set out their Recyclable Material or Solid Waste as specified within this Contract. ARTICLE IV SERVICES TO BE PERFORMED BY THE CONTRACTOR - VEGETATIVE WASTE COLLECTION 14. DESCRIPTION OF WORK 14.1 Scope. The Contractor shall provide vegetative waste collection service within the City 14 limits of Palm Beach Gardens. The Contractor shall have the exclusive right to provide vegetative waste collection service within the City in accordance with the specifications herein. 14.2 Frequency of Collection. The Contractor shall collect Vegetative Waste from residences within the City at least one (1) time per week. The day of collection shall be on the same day as one of the collection days for solid waste. 14.3 Hours of Collection. Collection shall begin no earlier than seven o'clock (7:00) a.m. and shall cease not later than six o'clock (6:00) p.m.; provided that in the event of emergency or unforeseen circumstances, collection may be permitted at a time not allowed by this paragraph following approval by the City Manager or designee. 14.4 Point of Pickup of Vegetative Waste. Collection of Vegetative Waste shall be at curbside or other such locations as will provide ready accessibility to the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the City Manager or his /her designee shall designate the location. 14.5 Preparation of Vegetative Waste for Collection. The Contractor shall pick up all Vegetative Waste generated from residential units as follows: Vegetative Waste shall be placed adjacent to the pavement or traveled way of the street. Residents will be strongly encouraged to bundle or containerized small or loose Vegetative Waste. In the event of a dispute between Contractor and a customer as to what constitutes Vegetative Waste, the situation will be reviewed and decided by the City Manager or his /her designee, whose decision shall be final. 14.6 Method of Collection of Vegetative Waste. The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any Vegetative Waste spilled by the Contractor shall be picked up immediately by the Contractor. Receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal and plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall be returned upright, to such rack, cart of enclosure and lids shall be placed securely and properly on the top of said receptacles. 14.7 Routes. The City reserves the right to deny Contractor's vehicles access to certain streets, alleys and public ways inside the City en route to the disposal site where it is in the interest of the general public to do so because the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closures of less than eight (8) hours in duration. The City shall notify the Contractor of 15 street closures of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and City. Customers under this contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. 14.8 Equipment. The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor to adequately and efficiently perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of collection and disposal equipment. Collection vehicles shall be of the enclosed loader parker type or other vehicle designed to allow for efficient collection of Vegetative Waste. The equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. All replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. 14.9 Holidays. The Contractor will not provide service on the following holidays: Thanksgiving and Christmas. If the regular collection day falls on any of the . aforementioned holidays, Vegetative Waste shall be collected on the next scheduled vegetative waste collection service day. ARTICLE V QUALITY OF SERVICE 15. CONTRACTOR'S PERSONNEL 15.1 Contractor's Officer(s). The Contractor shall assign a qualified person or persons to be in charge of the operations within the City. The Contractor shall give the names of these persons to the City. Information regarding the person's experience and qualifications shall be furnished. Supervisory personnel must be present on the routes to direct operations in a satisfactory manner. Said supervisor(s) must be available for consideration with the City Manager or his /her designee and /or customers within a reasonable, practicable time after notification of a request for such consultation. The supervisor(s) shall operate a vehicle which is radio equipped. In addition, the Contractor shall provide emergency contact numbers for all key personnel. 15.2 Dangerous Animals and Solid Waste Collection. Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs in order to accomplish Solid Waste collection. In any case where the owner or tenants have such animals at large, the Contractor shall immediately notify the City Manager or his /her designee of such condition and of his inability to make collection because of such 16 conditions. 15.3 Conduct of Employees. The Contractor shall ensure that his /her employees serve the public in a courteous, helpful and impartial manner. Contractor's collection employees will be required to follow the regular walk for pedestrians while on private property. No trespassing by employees will be permitted, nor crossing property of neighboring premises unless residents or owners of both such properties shall have given permission. Care shall be taken to prevent damage to property, including cans, carts, racks, trees, shrubs, flowers and other plants. 15.4 Employee Uniform Regulations. The Contractor's Solid Waste, Recycling and Vegetative Waste Collection employees shall wear a uniform or shirt bearing the company's name during operations. 15.5 Compliance with State, Federal and Municipal Law. The Contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, now or hereafter in effect. 15.6 Fair Labor Standards Act. The Contractor is required and hereby agrees by execution of the Contract to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standard Act as amended and changed from time to time. 15.7 Other Employee Benefits. Amount of vacation leave, sick leave, holiday pay leave, other fringe benefits, shelter and accommodations for work and related matters shall be as submitted with the Contractor's Bid documents. Conditions of employment shall be published and conspicuously posted so all employees may be informed. The Contractor shall furnish reasonable uniforms, rain gear and safety equipment. 15.8 Driver's License. Each vehicle operator shall at all times carry a valid Florida Commercial Driver's License for the type of vehicle that is being driven. 15.9 Training. The Contractor shall provide operating and safety training for all personnel. 15.10 Non - discrimination. No person shall be denied employment by the Contractor for reasons of race, sex, national origin, creed, age, physical handicap, or religion. 15.11 Drug -Free Workplace. Preference shall be given to Contractors which have instituted a Drug -Free Workplace. 16. CONTRACTOR'S OFFICE 16.1 Office and Equipment Yard. The Contractor shall establish an office within Palm Beach 17 County where complaints can be received. The office shall be equipped with sufficient telephones with at least one local phone number, and shall be open during normal business hours, 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday. The Contractor shall provide an answering machine during non - office hours for customer inquiries to be responded to the following business day. The Contractor shall maintain and adequately staff this office where complaints shall be received, recorded and handled during normal working hours of each week and shall provide for prompt handling of emergency complaints and all other calls. An Equipment Yard must be established within Palm Beach County no later than March 1, 2000. Failure to establish an Equipment Yard may result in the revocation of award and loss of franchise. 16.2 Notification to Customers. The Contractor shall notify all customers in writing about complaint procedures, rates, regulations, and the days of collection. ARTICLE VI CHARGES, RATES, AND LEVEL OF SERVICE 17. PAYMENT AND BILLING 17.1 Compensation. The City shall pay the Contractor compensation for the performance of the Contract, the sums due based on the unit prices as listed in the Bid Form, subject to any conditions or deductions as provided under the Contract. Contractor's Unit Price Schedule for all collections hereunder shall include transportation costs. Contractor shall submit an invoice by the 10th of each month for services rendered during the preceding month, and payments will be made to the Contractor within 45 days upon receipt and verification of the invoice submitted. 17.2 Billing Procedures. Billing arrangements for the various service types are summarized as follows: Service Type Customer Billed By Solid Waste Collection - Residential, excluding Mobile Homes City - Commercial and Mobile Homes Contractor Vegetative Waste Collection - Residential, excluding Mobile Homes City - Mobile Home Parks Contractor Recyclable Materials Collection - Residential, excluding Mobile Homes City - Commercial and Mobile Homes Contractor 11: I On the first day of each month the Contract payment(s) for all services hereunder shall be adjusted to correspond with the occupancy of existing or new buildings, and the demolition of old buildings. The adjustment made on the first day of each month shall be for buildings either occupied or demolished during the second month preceding the adjustments; for example, any change which is made on June 1 of any year will be for buildings occupied or demolished in April of the subject year. Any existing unit shall be considered unoccupied whenever Seacoast Utility Authority has temporarily terminated water service, at the customer's request only. Any new unit shall be considered to be occupied when a certificate of occupancy has been issued and water service has been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued by the Building Department. The Contractor adjustments will be based on unit costs included in the Contractor's original December 7, 1999 Bid. 17.3 Disposal Costs. Residential and commercial solid waste disposal costs are not included with residential and commercial collection service costs. Residential disposal costs will be billed by the Solid Waste Authority of Palm Beach County by non -ad valorem assessment. The Contractor will be given a disposal credit for each residential unit as calculated by the Solid Waste Authority. Part of the commercial disposal costs will be billed by the Solid Waste Authority by non -ad valorem assessment. The non - assessment portion of the commercial disposaLcosts will be billed to the commercial customers by the Contractor. The Contractor shall pay the Authority for all solid waste disposal costs incurred and not paid through non -ad valorem assessment. The Contractor shall not bill customers for disposal costs in excess of the charges paid to the Authority. The Contractor shall assume 134 pounds of refuse are contained per cubic yard. 17.4 Unusual Changes or Costs. The Contractor may petition the City at any time during the term of this Agreement for an additional rate adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not reasonably be foreseen by a prudent operator. The Contractor's request must be made within ninety (90) days of the occurrence of such unusual change or cost, and shall contain substantial proof and justification, as determined by the City Manager, to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information as may be reasonably necessary in making its determination. The City shall approve or deny the request, in whole or in part, within sixty (60) days of receipt of the request and all other additional information required by the City. 17.5 Level and Type of Service for Collection of Other Wastes. Where the Contractor agrees to collect Special Waste, Hazardous Waste, Biohazardous or Biomedical Waste or Sludge, a written agreement between the Contractor and the customer shall be entered into regarding the level and type of service to be provided, at a rate to be negotiated between the parties involved. However, upon failure of the parties to reach such an agreement for commercial services only, either party may apply to the City Manager or his /her designee, 19 who shall establish the level and type of services to be provided, including the area of the container and number of pickups per week. All such collection and disposal for those types of waste in this section, when done by the Contractor, shall be in strict compliance with all Federal, State, and Local laws and regulations. ARTICLE VII CONTRACT PERFORMANCE /PENALTIES /DEFAULT 18. CONTRACT PERFORMANCE The Contractor's performance of the Contract shall be supervised by the City Manager or his /her designee. If at any time during the life of the Agreement, performance reasonably satisfactory to the City Manager or his /her designee shall not be made, the Contractor, upon notification by the City Manager or his /her designee shall increase the force, tools and equipment as needed to properly perform the Contract. The failure of the City Manager or his /her designee to give such notification shall not relieve the Contractor of his obligation to perform the work at the time and in the manner specified by the Agreement. The Contractor shall furnish the City Manager or his /her authorized representative with every reasonable opportunity for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract. The City Manager or his /her designee may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time, and the Contractor shall admit authorized representatives of the City to make such inspections at any reasonable time and place. The failure of the City at any time to require performance by the Contractor of any provision thereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of provisions hereof taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 19. COOPERATION /COORDINATION The City and its authorized representatives shall be permitted free access and every reasonable facility for the inspection of all work, equipment and facilities of Contractor. The Contractor shall cooperate with authorized representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this Contract. He shall have at all times a competent and reliable English speaking representative on duty authorized to receive orders and to act for him in the case of his absence. Contractor shall provide the City a radio to allow direct communication with the route supervisor and administrative offices. 20 20. COMPLAINTS AND COMPLAINT RESOLUTION 20.1 Office. The Contractor shall establish an office within Palm Beach County where complaints can be received. The office shall be equipped with sufficient telephones with at least one local phone number, and shall be open during normal business hours, 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday. The Contractor shall provide an answering machine during non - office hours for customer inquiries to be responded to the following business day. The Contractor shall maintain and adequately staff this office where complaints shall be received, recorded and handled during normal working hours of each week and shall provide for prompt handling of emergency complaints and all other calls. 20.2 Complaints. The Contractor shall prepare and maintain, in accordance with a format and method approved by the City, a register on all complaints, and shall indicate thereon the disposition of each complaint. Such record shall be available for City inspection at all times during business hours. The form shall indicate the day and hour on which the complaint was received and the day and hour on which it was resolved. When a complaint is received after 12:00 o'clock noon on the day preceding a holiday, or on a Saturday, it shall be serviced no later than the next working day. A monthly listing of all the complaints filed of both residential and commercial and their disposition shall be mailed monthly to the City Manager or his /her designee. Legitimacy of challenged complaints shall be determined on the basis of a joint inspection by the City Manager or his /her designee and representative of the Contractor. Disputes shall be referred to the City Manager or his /her designee and his /her decision shall be final. 20.3 Disputes About Collection of Certain Items. It is recognized that disputes may arise between the City and Contractor with regard to the collection of certain items due to disputes over the specific language of the Contract. The City Manager or his /her designee may from time to time notify the Contractor by telephone to remove all such Solid Waste or Vegetative Waste. Should the Contractor fail to remove the Solid Waste or Vegetative Waste within twenty -four (24) hours from time of notification, the City will do so and all costs incurred by the City shall be deducted from compensation due the Contractor. Notice of the amount deducted shall be given to the Contractor. If it is determined that disputed Solid Waste or Vegetative Waste did not conform to contract specification, the Contractor shall be entitled to additional compensation for removal. 21. DEFAULT AND DISPUTE OF THE AGREEMENT It shall be the duty of the City Manager or his /her designee to observe closely the Contractor's services pursuant to the Contract. Any of the following events shall be deemed to be a material breach of contract. The Contractor takes the benefits of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy, 21 or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy laws or under any other law or statute of the United States, or any state thereof, or consent to the appointment or a receiver, trustee, or liquidator of all or substantially all of its property; or, By order or decree of a court, the Contractor shall be adjudged bankrupt, or an order shall be made approving a petition filed by any of its creditors or by any of the Stockholders of the Contractor seeking its reorganization or the readjustment of its indebtedness under Federal Bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that, if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect; or, By or pursuant to or under authority of any legislative act, resolution, or rule, or any order or decree of any court of governmental board, agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of the Contractor, and such possession of control shall continue in effect for a period of sixty (60) days; or, The Contractor shall voluntarily abandon, desert, or discontinue its operations hereunder; or, Any lien is filed against any premises in the City because of any act or omission of the Contractor and is not removed or the City and landowner adequately secured, by bond or otherwise, within ninety (90) days after the Contractor has received written notice thereof, or, The Contractor has abandoned, failed, or refused to perform or observe each and every promise in the Contract, or has failed or refused to comply with the instructions of the City Manager or his /her designee relative thereto; and such default is not cured within seven (7) days after receipt of written notice from the City. If the Contractor fails to so cure the default, the City Manager shall so notify the City Council and a public hearing shall be set for a date within fifteen (15) days of such notice. The City Manager shall, not less than five (5) days prior to the date of such hearing, notify the Contractor and the surety of the date and place of the public hearing at which the Contractor shall be required to show cause why the Contractor has not breached the terms of the Contract. Should the Contractor fail to appear at the hearing or fail to show cause why it has not breached the terms of the Contract to the satisfaction of the City, the City shall declare a breach on the Contract and notify the Contractor and the surety on the performance bond of such a declaration of breach, or authorize the City Manager to take such other action. If the Contractor or his surety fails to cure such breach within two (2) days thereafter, then the City may thereupon declare the Contract canceled. Also, upon such a declaration of breach, all payments due the Contractor shall be retained by the City and applied to the 22 completion of the Contract and to damages suffered and expenses incurred by the City by reason of such breach, unless the surety on the performance bond shall assume the Contract, in which event all payments remaining due to the Contractor at the time of breach, less amount due the City from the Contractor and less all sums due the City for damages suffered and expenses incurred by reason of such default, shall be due and payable to such surety. Thereafter, such surety shall receive monthly payments equal to those that would have been paid to the Contractor had said Contractor continued to perform the agreement. If such surety fails to exercise such option to cure, the City may complete the Contract or any part thereof, either by day labor or by reletting the Contract, and the City shall have the right to take possession of and use any or all of the vehicles, materials, equipment, facilities, and property of every kind provided by the Contractor for the performance of the Contract and to procure other vehicles of the same and to charge the cost of the same to the Contractor, together with the costs incident thereto. During such period, the liability of the City to the Contractor for loss or damage to such equipment so used shall be that of a bailee for hire, ordinary wear and tear being specifically exempt from such liability. In the event the City completes the Contract at a lesser cost than would have been payable to the Contractor under the Contract if the same had been fulfilled by said Contractor, then the City shall retain such difference. Should such cost to the City be greater, the Contractor shall be liable for and pay the amount of such excess cost to the City. Any transfer or assignment of the responsibilities of the Contractor by the surety must be approved by the City. The Contractor shall be excused from performance in cases of war, insurrection, riot, acts of God, or other causes beyond the Contractor's control. For the purpose of this section, a strike shall be considered within the control of the Contractor. Except as otherwise provided in the Contract, any dispute concerning a question of fact or of interpretation of a requirement of the Contract which is not disposed of by mutual consent between the parties shall be decided by the City Manager, who shall reduce the decision to writing and furnish a copy thereof to the parties. In connection with any dispute proceeding under this clause the party shall be afforded an opportunity to be heard and to offer evidence in support of its version of the facts and interpretation of the Contract. The City Manager shall make such explanation as may be necessary to complete, explain or make definite the provisions of the Contract and the findings and conclusions shall be final and binding on both parties. Pending the final decision of a dispute, the Contractor shall proceed diligently with the performance of the Contract in accordance with the preliminary directions of the City Manager. The Contractor expressly recognized the paramount right and duty of the City to provide adequate waste collection as a necessary government function, and further agrees, in consideration for the execution of the contract, that in the event the City shall invoke the provisions of this section, Contractor will either negotiate with the City for an adjustment of the matter or matters in dispute, or present the matter to a court of competent jurisdiction with venue in Palm Beach County in an appropriate suit therefore instituted by 23 the Contractor or by the City. 22. RIGHT TO REQUIRE PERFORMANCE The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same, nor shall waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provisions, or as a waiver of any provision itself. ARTICLE VIII GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS 23. PERMITS AND LICENSES The Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinances and maintain the same in full force and effect. 24. TITLE TO WASTE The City reserves the right at all times to hold title and ownership to all Solid Waste, Vegetative Waste or Recyclable Materials collected by the Contractor. 25. FRANCHISE FEES The Contractor shall pay to the City a fee of three percent (3 %) of all gross revenues charged, collected or received arising out of any services or operations conducted in the City. Solid waste disposal costs paid by the Contractor shall be deducted from the gross revenue total prior to applying the 3 % for calculation of the franchise fee due to the City. Franchise fees shall be payable within forty-five (45) days of the last day of each calendar quarter. A late charge of 1.5 % of the monies due for the Franchise fee shall be calculated monthly until payment is received. 26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL Subcontractors will be permitted only for the provision of portable sanitation services for Special Events as noted under the Appendix. Otherwise, subcontractors will not be permitted under the terms of the Agreement. Contractor shall make no assignment of its rights or obligations under the Contract without first obtaining the written consent of the City, which may be granted or withheld in its sole discretion. In the event Contractor is a corporation, partnership or other legal entity, there shall be no change in the direct or indirect legal or factual control of such entity without first obtaining the written consent of the City. A change of legal control includes, but is not limited to, a transfer of the ownership of over 20% of the Contractor or any person or entity owning a 20% or greater 24 interest, direct or indirect, in the Contractor. 27. BONDS AND SURETIES 27.1 Bid Security. Each Bid must be accompanied by a cashier's check, certified check or bid bond in. t iv viiil attariiu to tuCSC spcciucativlls payable to City of Palm Beach Gardens Y (1 %) f the a..a..t 1 1 aL,. "L L1111LL.a$20'000 In the amount of Gil% ci%%ilt � ,� vl lllti �v�al ailiival c:,;t ul lll�. U1LL JUV1111L1GLL a,... ,. Bid security will be forfeited if the successful Bidder fails to execute a contract with the City substantially in the form of these General and Technical Specifications within fifteen (15) days after notification of award of the Contrac orvfa9 two supply a performance bond aspec %m`thebid The City shall return the Bid securities of all Bidders upon the final award and execution of the Contract between the successful Bidder and the City, and after proof of insurance and /or a Performance Bond as specified herein has been received by the City. 27.2 Performance Bond. The Contractor shall furnish a performance bond in the form attached to these Specifications as security for the performance of the Contract with the City of Palm Beach Gardens. Said performance bond will be the grtat�r of $500,Vn0 or one of the annual value of the executed Contract as calculated at award and adjusted yearly on the anniversary date of the Contract, to remain in force for the duration of the Contract. The premium for the performance bond described above shall be paid by the Contractor. The performance bond shall be written in a surety company licensed to do business in the State of Florida with an A.M. Best Financial Rating of A Class VI or higher for the most current calendar year available. 27.3 Requirements as to Surety. The Surety or Sureties shall be a company or companies satisfactory to the City. Any Surety shall be required to have a resident agent in the State of Florida and shall be duly licensed to conduct business therein. The requirement of Florida resident agent may be waived by the City if evidence satisfactory to the City is provided that applicable requirements have been met to permit service of process on a State . official under State law. 28. INSURANCE REQUIREMENTS 28.1 Coverages. During the life of the Contract, the Contractor shall procure, maintain and provide the City with certificates of insurance as evidence of the insurance required under this Section 28 throughout the term of this -Agreement and any extensions thereof. The City shall be an additional insured on this insurance with respect to all claims arising out of the operations or work to be performed. Cancellation or modification of said insurance shall not be effected without thirty (30) days prior written notice to City. Except as otherwise stated, the amounts and types of insurance provided by the Contractor shall conform to the following minimum requirements: 28.1.2 Workers' Compensation. The Contractor shall provide and maintain during the life 25 of the Contract Workers' Compensation Insurance coverage in accordance with statutory requirements. In addition, the policy must include Employer's Liability Insurance in an amount not less than $100,000 each accident, $100,000 by disease and $500,000 aggregate by disease. 28.1.3 Comprehensive General Liability. The Contractor shall provide and maintain during the life of the Contract Comprehensive General Liability Insurance. Coverage must include, but not be limited to, Premises /Operations, Products /Completed Operations, Contractual and Fire Legal Liability coverage. The Contractor shall maintain minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. 28.1.4 Automobile Liability Insurance. The Contractor shall provide and maintain during the life of the Contract, Comprehensive Automobile Liability Insurance. Coverage must include, but not be limited to, owned vehicles, and hired and non -owned vehicles. The Contractor shall maintain minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. 28.1.5 Umbrella Liability. In addition to the above limits, the Contractor shall provide at least a $5,000,000 umbrella or excess liability insurance policy. 28.2 Certificate of Insurance. Certificates of all insurance required from the Contractor shall be subject to the City's approval of adequacy and protection. Certificates from the insurance carrier stating the types of coverage provided, limits of liability, and expiration dates, shall be filed with the City before operations are commenced. The required certificates of insurance shall not only name the types of policies provided, but shall name the City as an additional insured as its interests may appear, and shall provide that the insurance shall not be canceled, limited or non - renewed until after thirty (30) days written notice has been given to the City. Contractor expressly understands and agrees that any insurance protection furnished by Contractor shall in no way limit its responsibility to indemnify and hold harmless the City under the provisions of Section 30 of this Agreement. 29. COMPLIANCE WITH LAWS AND REGULATIONS The Contractor hereby agrees to abide with all applicable Federal, State and local laws and regulations. It is understood that the City has ordinances for effecting a solid waste control program. It is the responsibility of the Contractor to become familiar with such ordinances, and it is understood that, if any provisions of said ordinances are in conflict with the conditions of the Contract, the ordinances shall be the governing factor for performances of the Contract. F 30. INDEMNIFICATION The Contractor shall defend, indemnify, save harmless, and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, liabilities, losses, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by the Contractor in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or, in the alternative, approve counsel obtained by the Contractor. 31. BOOKS AND RECORDS The City shall have the right to review all records that pertain to the Contract which are maintained by the Contractor upon three (3) days' prior written notice. 32. NOTICES Any notice required hereunder shall be in writing and delivered in person, by telecopy or by certified mail to either party at its business address shown herein. 33. TERMINATION The Contract may be terminated by the City, with cause, upon sixty (60) days written notice to the Contractor, or after such shorter notice and cure period as may be specified hereunder. In the event the Contract is terminated as provided herein, the Contractor shall be reasonably compensated for services rendered to the effective date of such termination, as mutually agreed upon. 34. ILLEGAL PROVISIONS If any provisions of the Contract should be declared illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. ARTICLE IX 35. CITY POPULATION AND UNITS SERVICED PERMANENT POPULATION: 33,824 (1998 University of Florida estimate) UNITS SERVICED: The City provides the number of residential units and commercial units shown below as a good faith estimate based upon current information and will be used for Bid calculations. Upon award of the Bid, an authorized representative of the City and an 27 authorized representative of the Contractor shall survey the residential units in the City to verify and update the units to be serviced upon commencing operations in Palm Beach Gardens. Commercial service units are based upon information provided by the City's current hauler. THE CITY DOES NOT GUARANTEE ANY MINIMIUM OR MAXIMUM AMOUNT OF WORK WHATSOEVER. RESIDENTIAL SERVICE: Single Family units, curbside 8,125 Multi- Family units, curbside 5,800 Multi- Family units, containerized 2,350 Container rentals, units 353 Mobile Homes, units 461 COMMERCIAL SERVICE: Commercial Containerized Collection, monthly cubic yards 20,000 35.1 Municipal Collection Service. The Contractor will provide Solid Waste, Recycling and Vegetative Waste Collection service for City-owned properties at no cost to the City. The Contractor will provide Solid Waste containers and Recycling containers, respectively, to be serviced by the Contractor in the following City -owned or controlled areas. The City may add or delete to this list as the City Manager or his /her designee deems necessary to provide service to all City properties. Solid Waste containers: Location /Site Address Public Works Complex Burns Fire Station, 10500 N. Military Burns Community Center, 4404 Burns PGA National Park, Ryder Cup Boulevard Plant Drive Park Plant Drive Park Municipal Golf Course, 11401 W. Northlake Municipal Golf Course, 11401 W. Northlake Municipal Complex, 10500 N. Military (City Hall /Police Station) Municipal Complex, 10500 N. Military (Gardens Park ballfields) Container /Information Size Qty. Freq. /Week 4 yd. 1 1 6 yd. 1 1 6 yd. 1 2 6 yd. 1 1 6 yd. 1 1 55 gal. 1 1 8 yd. 1 2 2 yd. 1 2 6 yd. 1 1 8 yd. 1 2 Solid Waste containers: (cont. ) Recycling containers: Location /Site Address Container /Information Location /Site Address Size Qty. Freq. /Week Municipal Complex, 10500 N. Military 20 yd. 1 .16 (East of Gardens Park ballfields- Rolloff emptied as needed) 1 Public Works Complex 95 gal. Lake Catherine Sports Complex, MacArthur & Northlake 4 yd. 2 2 Riverside Community Center, 10170 Riverside Drive 6 yd. 1 1 Fire Station #4, 7025 Fairway Lane 4 yd. 1 1 Fire Station #2, 11025 Campus Drive 4 yd. 1 1 Oaks Park, Gardens East Drive 2 yd. 1 1 Recycling containers: Location /Site Address Size Qty. Freq./Week Public Works Complex 4 yd. 1 1 Public Works Complex 8 yd. 1 1 Public Works Complex 95 gal. 8 1 Burns Fire Station, 10500 N. Military 2 yd. 1 1 Burns Community Center, 4404 Burns 8 yd. 1 1 Burns Community Center, 4404 Burns 95 gal. 8 1 Municipal Golf Course, 11401 W. Northlake 8 yd. 1 1 Municipal Golf Course, 11401 W. Northlake 95 gal. 3 1 Municipal Complex, 10500 N. Military 4 yd. 1 1 (City Hall /Police Station) Fire Station #2, 11025 Campus Drive 95 gal. 3 1 Vegetative Waste is collected at Plant Drive Park on Lilac Street near the roller hockey rink on the driveway at the northwest corner of the Park. 35.2 Municipal Special Events Approximately four (4) special events annually are sponsored by the City which require Solid Waste and sanitation service. 29 BID FORM PAGE 1 BID PRICES Bidders wishing to perform the waste collection services for the City of Palm Beach Gardens are required to submit Bid prices as detailed below. The Bid prices below are for collection and transportation expenses (all expenses except disposal costs) and shall not include Florida sales or gross receipts tax. Sections 1 and 2 comprise the Required Services Bid amount. Section 3 contains two Alternate Services Bids. The Required Services Bid total will be used to calculate the cost component for evaluation purposes. THE NUMBER OF UNITS ARE GOOD FAITH ESTIMATES FOR THE SOLE PURPOSE OF DETERMINING Bid AWARDS. THE CITY DOES NOT GUARANTEE ANY MINIMUM OR MAXIMUM AMOUNT OF WORK WHATSOEVER. SECTION 1: Residential Solid Waste, Recycling and Vegetative Waste Collection Service Unit Cost Unit # of Units Extension per Month Single Family Residences Solid Waste Curbside - two (2) time per week $ Dwelling 8,125 $ Vegetative Curbside - one (1) time per week $ Dwelling 8,125 $ Recycling Curbside - one (1) time per week $ Dwelling 8,125 $ Curbside Service Single Family Residential Total Monthly Cost $ Curbside Service Single Family Residential Total Annual Cost $ Multi- Family Dwelling Units Solid Waste Curbside - two (2) times per week $ Dwelling 5,800 $ Vegetative Curbside - one (1) time per week $ Dwelling 5,800 $ Recycling Curbside - one (1) time per week $ Dwelling Curbside Service Multi- Family Residential Total Monthly Cost $ Curbside Service Multi - Family Residential Total Annual Cost $ Mobile Home Units Solid Waste Curbside - two (2) times per week $ Dwelling 461 $ Vegetative Curbside - one (1) time per week $ Dwelling 461 $ Recycling Curbside - one (1) time per week $ Dwelling 461 $ Curbside Service - Mobile Home Total Monthly Cost $ Curbside Service - Mobile Home Total Annual Cost $ 30 x12 x 12 x IL BID FORM PAGE 2 Multi- Family Dwelling Units Serviced by Mechanical Containers (Includes container rental and ancillary services) Solid Waste Containerized -two (2) times per week $ Dwelling 2,350 $ or as needed Recycling Containerized -one (1) time per week $ Dwelling 2,350 $ or as needed Multi- Family Containerized Total Monthly Cost $ x12 Multi- Family Containerized Annual Cost $ SECTION 2: Commercial Collection Service The Bid prices below are for collection and transportation expenses (all expenses except disposal costs). Unit Cost per Cubic Yard Solid Waste Collection Services $ (includes container rental and ancillary services) Total Monthly Commercial Cost Total Annual Commercial Cost Compactor Collection $ (12 cubic yards or less) Total Monthly Compactor Collection Cost (12 cubic yards or less) Total Annual Compactor Collection Cost (12 cubic yards or less) Total Annual Cost to Provide Required Services 31 Unit # of Extension Monthly Units Cubic Yard 20,000 $ x12 Compacted Cubic Yard 500 $ d, BID FORM PAGE 3 SECTION 3: Alternate Services Bids Alternate #1: The Contractor will provide Vegetative Waste Collection Service only on Mondays, Tuesdays and Wednesdays. Unit Cost Unit # of Units Extension per Month Vegetative Waste Collection one (1) time per week Vegetative Curbside - Single Family $ Vegetative Curbside - Multi- Family $ Vegetative Curbside Total Monthly Cost Total Annual Cost - Alternate #1 Dwelling 8,125 $ Dwelling 5,800 $ x12 Alternate #2: The Contractor will provide Vegetative Waste Collection Service only on Mondays and Tuesdays. Unit Cost per Month Vegetative Waste Collection one (1) time per week Vegetative Curbside - Single Family $ Vegetative Curbside - Multi- Family $ Vegetative Curbside Total Monthly Cost Total Annual Cost - Alternate 2 Unit # of Units Extension Dwelling 8,125 $ Dwelling 5,800 $ PRICES SET FORTH ABOVE ARE FIRM BIDS AND ARE NOT SUBJECT TO PRICE ADJUSTMENT EXCEPT AS DEFINED IN THE GENERAL AND TECHNICAL SPECIFICATIONS. 32 BID FORM PAGE 4 In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual ( ) Partnership ( ) Corporation ( ) Other (Specify) Name of Organization Address City State Telephone Number Tax I. D. # Business Address City State Zip Code Organized Date Bidder's Representative Title Bid Total Fee to Provide Required Services $ Bid Fee to Provide Alternate #1 $ Bid Fee to Provide Alternate #2 $ Prices set forth above are firm Bids and are not subject to price adjustment except as defined in the General and Technical Specifications. Addenda received: (Corporate Seal) ATTEST: BIDDER: Printed Name Signature Title Date Printed Name Signature Title Date 33 A """XT"V17 T L'" 1 L' 1 \illA 1 DRUG -FREE WORKPLACE FO u.�AEFFIDAIT The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does /does not (circle appropriate response): (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the danger of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling. 34 .r� M E M O R A N D U M WATTERSON, HYLAND & KLETT, P.A. To: Hon. Mayor and City Council From: Carole Wallace Post, City Attorney Subject: Labor Attorney File No: 319.058 Date: October 1, 1999 The City has conducted a RFQ process in seeking labor counsel. Six firms responded to the RFQ. Four firms were interviewed. Interviews were conducted by myself, the City Manager, Assistant City Manager and Terry Watterson. Also consulted were the Fire Chief and Assistant Police Chief with respect to union labor matters. I am pleased to inform you that we are prepared to offer an agreement for professional services for labor counsel to H.E. Scott & Associates, Vero Beach. H.E. Scott & Associates Helen Scott is the principle of H.E. Scott & Associates. Ms. Scott has more than 12 years experience as a Human Resources director and has practiced exclusively as a labor attorney on behalf of management since 1986. In evaluating the primary labor and employment needs of the City, we are confident that Ms. Scott's background and expertise lend themselves as a perfect fit. We have received extremely positive feedback on Ms. Scott's performance in serving as labor counsel to other local governments. Her style is one which has accomplished satisfactory resolution to many common personnel and labor issues. Although H.E. Scott & Associates is based in Vero Beach, the firm has established that it is responsive to out -of -town clients in a timely manner. Ms. Scott comes highly recommended from a number of surrounding government agencies. Hon. Mayor & City Council October 1, 1999 Page 2 In light of the current vacancy in the Human Resources Department, and the general absence of labor counsel for day -to -day representation, we look forward to bringing Ms. Scott on board immediately. Union Labor Matters In addition to H.E. Scott & Associates who will represent the City as general labor counsel, the City may also seek the services of special counsel for union matters. We have identified the firm of Whelan, DeMaio, Kiszkiel, P.A. of Miami as experts in the field of union negotiations, contract and arbitration. Whelan, DeMaio can be brought in on an as- needed basis. Whelan, DeMaio has practiced labor and employment law since 1994. Michael Whelan has practiced labor and employment law for 12 years. We are especially impressed by the firm's expertise in union matters. They are particularly expert at local union matters, having represented the City of West Palm Beach, Palm Beach County and the Palm Beach County School District (among many others) in collective bargaining and grievance matters. H.E. Scott & Associates will be retained as general labor counsel, with Whelan, DeMaio brought in as special counsel for union matters. 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(V of N o E > 0) o O 3 > E _0 0 2-2 v CD O LL 0 0 _ 0 0 C •N >, 7 >, 7 •� 0 o U O O � U N N N � a N N U) U) U tL @ N > U m (o O C_ @ "� 7 0 7 U 7 0 7 > y CO d Q @ C •(U O N L 'D 'O C _ 'O -D U O () O 0 M, Im '= O� co C C O O O O. d =3 1p 0 N N O ' @ E 0 _L > CD > @ w � C7 Q U U U U d: � N E E E o w 0 � iD @ @ QI N Q _ o� _ O-W c ccli � O a W c co N a o m y 3 a �ryY W 'G CL p CL O T 0 @ C v U T o N C N N 0 �_ Z C d @ C 0 y 0 N a LL o O E 0 ~ o L ° V l a Q o O m o w 0 E iQ- i Q U C7 Q (n H U C9 a I Qlo 11=1 a . r= N •CS � C 0 0 Please Print Name: COMMENTS FROM THE PUBLIC Request to Address City Council 15 Address- 6 S / J7 4 g J )-h City: © YA1 Toot/ r Subject: 2 F L SOLS 91116 J',E Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ".. This request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: COMMENTS FROM THE PUBLIC Request to Address City Council Address- SYs . 'v e r -) 0/11' City: G Subject: / l c� ��`'`� /--c' Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ".. This request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.