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HomeMy WebLinkAboutAgenda Council Agenda 011509 CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 15, 2009 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. Certificate of Achievement for Excellence in Financial Reporting. b. (Page 5) Northern County Area Dispatch Consolidation. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 33) Approve Minutes from November 6, 2008 regular City Council meeting. b. (Page 39) Approve Minutes from November 20, 2008 regular City Council meeting. c. (Page 49) Approve Minutes from December 4, 2008 regular City Council meeting. d. (Page 56) Approve Minutes from December 18, 2008 regular City Council meeting. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso e. (Staff Report on Page 63, Resolution on Page 65) Resolution 6, 2009 – Agreement with Natural Resources Conservation Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a project Agreement with Natural Resources Conservation Services to provide financial assistance for repairs to the Bellewood Canal caused by Tropical Storm Fay; approving a work authorization and notice to proceed to Murray Logan Construction, Inc. for such repairs; providing an effective date and for other purposes. f. (Page 98) Proclamation – Arbor Day IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 99, Ordinance on Page 102) Ordinance 2, 2009 - (1st reading) Waterway Café. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning one (1) parcel of real property comprised of approximately one and 50/100 (1.50+) acres, more or less, in size, from Residential Medium (RM) to General Commercial zoning district (CG-1); such parcel is located on the South side of PGA Boulevard approximately ¼ mile East of Prosperity Farms Road, informally known as the “Waterway Café Parcel”, as described more particularly herein; providing revisions to the zoning district map; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Part II – Non-Quasi-judicial a. (Staff Report on Page 117, Ordinance on Page 119) Ordinance 33, 2008 – (2nd reading and adoption) FY 2008 Budget Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning October 1, 2007, and ending September 30, 2008, inclusive; providing a conflicts clause, a severability clause and authority to codify; providing an effective date; and for other purposes. b. (Staff Report on Page 128, Ordinance on Page 130) Ordinance 34, 2008 - (2nd reading and adoption) FY 2009 Budget Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning October 1, 2008, and ending September 30, 2009, inclusive; providing a conflicts clause, a severability clause and authority to codify; providing an effective date; and for other purposes. X. RESOLUTIONS: a. (Staff Report on Page 136, Resolution on Page 138) Resolution 3, 2009 - Contract Award to Harvard Jolly, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement for Design Criteria Professional Services with Harvard Jolly, Inc. for the construction of an Emergency Operations and Communications Center; providing an effective date; and for other purposes. b. (Staff Report on Page 261, Resolution on Page 276) Resolution 4, 2009 - Miscellaneous petition for LA Fitness Plaza. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the LA Fitness Plaza Planned Unit Development (PUD), formerly known as Shoppes on the Green, to update the commercial plaza’s exterior colors, materials, signage and landscaping, as described more particularly herein; providing for waivers; providing for conditions of approval; providing an effective date; and for other purposes. c. (Staff Report on Page 305, Resolution on Page 354) Resolution 5, 2009 - Median signage for LA Fitness Plaza. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the monument sign located in the median of the Fairway Drive right-of-way in the PGA National Planned Community Development (PCD), to be modified to reflect the plaza’s name change from Shoppes on the Green to LA Fitness Plaza, as described more particularly herein; providing an effective date; and for other purposes. XI ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 358, Ordinance on Page 360) Ordinance 1, 2009 – Adopting the City Logo and official seal. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 2, Administration at Article I, in general by adopting an entirely new Section 2-2 to be entitled “City Seal”; providing for the official adoption of a City Seal; describing the City Seal; providing that the said City Seal may only be utilized for official City of Palm Beach Gardens business; further amending Chapter 2, Administration by adopting a new Section 2-3 to be entitled “City Logo”; providing for the official adoption of the City Logo; describing the City Logo; providing that the said City Logo may only be utilized for official City of Palm Beach Gardens business; providing that the City Council may grant approval for the use of the Logo for a proper purpose; providing that the City Council may adopt reasonable rules for the manufacture, use, facsimile, or reproduction of this Logo; providing for penalties; providing for registration with the Secretary of State of Florida; providing that each and every other Provision, Section, and Article of Chapter 2, Administration shall remain in full force and effect as previously enacted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: January 6,2009 1 FROM: Chief Stephen J. Stepp /& SUBJECT: Dispatch Consolidation Study Background The Chiefs of Police from Palm Beach Gardens, Jupiter, and Juno and their staff met to consider the operational and financial benefits of a consolidated dispatch operations center. The agencies viewed communication consolidation as a potential opportunity to improve service to citizens and first responders through enhancements to the efficiency and effectiveness of the police communications operations. Higher quality service levels improve cross-jurisdictional coordination and interoperability among local, regional, state and federal responders. Higher service levels, interoperability and enhanced information sharing capability all contribute to what is expected to be a higher quality and effectiveness of law enforcement and public safety services. The agencies are also looking at the potential cost savings for a combined communications operations center. The preliminary research shows an economy of scale for personnel and a reduction in capital hardware equipment in a consolidated scenario. Based on the information currently known concerning the three agencies in this preliminary review, consolidation can be planned and implemented within a two year estimated timeline. The chiefs and their staff agree bt the consolidation of the dispatch operations will likely result in a more efficient and effective operation at less cost. The feasibility study findings conducted by Kimball and Associates support that potential. Executive Summary This preliminary consolidation feasibility assessment provides a high level review of the emergency communications operations of the Palm Beach Gardens, Jupiter and Juno Beach Police Departments and presents considerations supporting a consolidation decision-making process. Discussion concerning the benefits and challenges of consolidation provides the municipalities an opportunity to choose implementation of the consolidation initiative or to conclude the proposed initiative does not provide sufficient impetus to justify additional action. Findings cited in the report are based on preliminary data provided by the municipalities. Findings are presented as estimates and are subject to revision following verification of data and greater detailed analysis. The participating agencies view communication consolidation as a potential opportunity to improve service to citizens and responders through enhancements to the efficiency and effectiveness of the police communications operations. As an example, call processing time is one metric commonly used to measure service. Decreasing call processing time is a benefit of consolidation. Call processing time is the time required to answer an incoming call for service, determine the nature of the call, determine the appropriate response to the call, and direct the call for service and related data to a first responder, An industry best practice indicates emergency calls should be processed within 60 seconds.’ Based on data provided to Kimball, the average current process time for 9-1 -1 calls for all participating agencies is 1 minute, 10 seconds, presenting real, measurable opportunity for reducing processing time to level of industry best practice. Higher quality service levels improve cross-jurisdictional coordination and interoperability (data and voice) among local, regional, state and federal responders. Truly seamless communications interoperability occurs when responding officers can be deployed anywhere in the region, use the department radio to communicate with other responders, and use compatible standard operating procedures consistent with agency training.* Consolidation may be viewed as the ultimate form of interoperability. Higher service levels, interoperability and enhanced information sharing capability all contribute to higher quality and effectiveness of law enforcement and public safety services. The study identifies duplication of operational services, technology and systems, and equipment that can definitely be mitigated by a consolidation of communication functions. The elimination or reduction of duplicated or overlapping services, technology and systems and equipment provides potential for savings of $1 million to $2 million collectively within the first few years of consolidated operations. While cost savings are definitely anticipated, realizing savings is a long term result that occurs after the actual implementation of a combined center. As the separate communications centers continue to operate while the planned, new emergency operations center/consolidated communications center is constructed, each agency will continue to incur operational expenses. NE” standard, http://www.nena.org/pages/Content.asp?CI5 * Statewide Interoperability Planning Handbook; Office for Interoperability and Compatibility, U.S. Department of Homeland Security; March 2007. Palm Beach Gardens will have construction costs in addition to operational costs. Occupancy of the new emergency operations center/communications center is planned to occur within approximately 24 months from initiation. Following occupancy and consolidation of the region’s emergency communications function, the operational expenses previously incurred by the separate centers are reduced. Consolidation of communication functions from a technical perspective is less challenging than the need to develop an acceptable governance structure and resolve human resource, budgeting, and other administrative and logistical requirements. The assessment suggests all of the challenges can be successfully resolved. All participating departments are highly motivated and focused on the vision of better service for their communities and for their police officers. The Police Chiefs have articulated their support for the concept of consolidated communications and their willingness to be flexible in their requirements in the interest of the greater needs of the region. Police services in the region demonstrate a high degree of integration between the departments at the service delivery level. Sharing resources and process at the dispatch level is seen as an extension of what is happening in the field between officers of the three departments. Kimball views such interagency evolution as indicative of a very positive public safety environment. Additional potential benefits of consolidation include, but are not limited to: greater resources to process calls during normal operations and critical incidents; increased supervision; standardized call handling, dispatching and training; coordination of response resources locally and across all levels of government response; improved situational awareness; increased opportunities for grants and state funding; and career path opportunities for dispatch center staff. Potential exists for centralized authority to address operational and service efficiencies; cost efficiencies gained through eliminating duplicate systems networks, equipment and facilities; improved capacity and technology through shared services and technology improvements; cost sharing opportunities to reduce overall costs for participating agencies; and improved service levels for all agencies. Consolidation of communication centers provides the region a unique opportunity to improve the emergency response system region-wide. Kimball’s extensive experience in consolidation of emergency communications consistently finds an extensive range of benefits attributable to consolidation and shared services. Not only do the operational enhancements provide better service to the communities and fiscal benefits to the municipalities, but consolidation also contributes to greater officer safety by increasing situational awareness and inter-jurisdictional responses to calls for service. Based on this preliminary report, Kimball projects consolidation of the Palm Beach Gardens, Jupiter and Juno Beach police communications can be planned and implemented within a two year timeline. While creating a single independent consolidated communications center from three departments in separate jurisdictions has its challenges, the Police Chiefs of Palm Beach Gardens, Jupiter and Juno Beach demonstrate exceptional cooperation and commitment to the concept of shared services. Kimball’s experience indicates where this level of cooperation and commitment exists, the consolidation of emergency communications is an opportunity with a high probability of success not to be missed. Preliminary Consolidation Feasibility Study submitted to City of Palm Beach Gardens, Town of Jupiter, and Town of Juno Beach January 2009 © PRELIMINARY CONSOLIDATION FEASIBILITY STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page i TABLE OF CONTENTS 1. EXECUTIVE SUMMARY ................................................................................................................................ 1 2. BACKGROUND ................................................................................................................................................. 3 3. METHODOLOGY ............................................................................................................................................. 5 4. BENEFITS OF CONSOLIDATION ................................................................................................................. 6 5. CONSIDERATIONS IMPACTING CONSOLIDATION .............................................................................. 9 5.1 STAFFING ...................................................................................................................................................... 9 5.2 OPERATING METHODOLOGY ....................................................................................................................... 10 5.3 SERVICE LEVEL........................................................................................................................................... 11 5.3.1 Work Load ............................................................................................................................................. 11 5.3.2 Call Volume ........................................................................................................................................... 12 5.3.3 Metrics ................................................................................................................................................... 12 5.3.4 Interoperability and Information Sharing .............................................................................................. 13 5.3.5 Call Transfers ........................................................................................................................................ 13 5.3.6 Union and Employment Benefits ............................................................................................................ 14 5.3.7 Governance and Human Resource Issues .............................................................................................. 14 5.4 TECHNOLOGY ............................................................................................................................................. 15 6. CURRENT AND PROJECTED COSTS ........................................................................................................ 18 6.1 EXTERNAL FUNDING SOURCES .................................................................................................................... 18 6.2 PLANNING & TRANSITION COSTS ............................................................................................................... 19 7. CONCLUSION ................................................................................................................................................. 21 PRELIMINARY CONSOLIDATION FEASIBILITY STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 1 1. EXECUTIVE SUMMARY This preliminary consolidation feasibility assessment provides a high level review of the emergency communications operations of the Palm Beach Gardens, Jupiter and Juno Beach Police Departments and presents considerations supporting a consolidation decision-making process. Discussion concerning the benefits and challenges of consolidation provides the municipalities an opportunity to choose implementation of the consolidation initiative or to conclude the proposed initiative does not provide sufficient impetus to justify additional action. Findings cited in the report are based on preliminary data provided by the municipalities. Findings are presented as estimates and are subject to revision following verification of data and greater detailed analysis. The participating agencies view communication consolidation as a potential opportunity to improve service to citizens and responders through enhancements to the efficiency and effectiveness of the police communications operations. As an example, call processing time is one metric commonly used to measure service. Decreasing call processing time is a benefit of consolidation. Call processing time is the time required to answer an incoming call for service, determine the nature of the call, determine the appropriate response to the call, and direct the call for service and rel ated data to a first responder. An industry best practice indicates emergency calls should be processed within 60 seconds.1 Based on data provided to Kimball, the average current process time for 9-1-1 calls for all participating agencies is 1 minute, 10 seconds, presenting real, measurable opportunity for reducing processing time to level of industry best practice. Higher quality service levels improve cross-jurisdictional coordination and interoperability (data and voice) among local, regional, state and federal responders. Truly seamless communications interoperability occurs when responding officers can be deployed anywhere in the region, use the department radio to communicate with other responders, and use compatible standard operating procedures consistent with agency training.2 Consolidation may be viewed as the ultimate form of interoperability. Higher service levels, interoperability and enhanced information sharin g capability all contribute to higher quality and effectiveness of law enforcement and public safety services. The study identifies duplication of operational services, technology and systems, and equipment that can definitely be mitigated by a consolidation of communication functions. The elimination or reduction of duplicated or overlapping services, technology and systems and equipment provides potential for savings of $1million to $2 million collectively within the first few years of consolidated operations. 1 NENA standard, http://www.nena.org/pages/Content.asp?CID=23&CTID=5 2 Statewide Interoperability Planning Handbook; Office for Interoperability and Compatibility, U.S. Department of Homeland Security; March 2007. PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 2 While cost savings are definitely anticipated, realizing savings is a long term result that occurs after the actual implementation of a combined center. As the separate communications centers continue to operate while the planned, new emergency operations center/consolidated communications center is constructed, each agency will continue to incur operational expenses. Palm Beach Gardens will have construction costs in addition to operational costs. Occupancy of the new emergency operations center/communications center is planned to occur within approximately 24 months from initiation. Following occupancy and consolidation of the region’s emergency communications function, the operational expenses previously incurred by the separate centers are reduced. Consolidation of communication functions from a technical perspective is less challenging than the need to develop an acceptable governance structure and resolve human resource, budgeting, and other administrative and logistical requirements. The assessment suggests all of the challenges can be successfully resolved. All participating departments are highly motivated and focused on the vision of better service for their communities and for their police officers. The Police Chiefs have articulat ed their support for the concept of consolidated communications and their willingness to be flexible in their requirements in the interest of the greater needs of the region. Police services in the region demonstrate a high degree of integration between the departments at the service delivery level. Sharing resources and process at the dispatch level is seen as an extension of what is happening in the field between officers of the three departments. Kimball views such interagency evolution as indicative of a very positive public safety environment. Additional potential benefits of consolidation include, but are not limited to: greater resources to process calls during normal operations and critical incidents; increased supervision; standardized call handling, dispatching and training; coordination of response resources locally and across all levels of government response; improved situational awareness; increased opportunities for grants and state funding; and career path opportunities for dispatch center staff. Potential exists for centralized authority to address operational and service efficiencies; cost efficiencies gained through eliminating duplicate systems networks, equipment and facilities; improved capacity and technology through shared services and technology improvements; cost sharing opportunities to reduce overall costs for participating agencies; and improved service levels for all agencies. Consolidation of communication centers provides the region a unique opportunity to improve the emergency response system region-wide. Kimball’s extensive experience in consolidation of emergency communications consistently finds an extensive range of benefits attributable to consolidation and shared services. Not only do the operational enhancements provide better service to the communities and fiscal benefits to the municipalities, but consolidation also contributes to greater officer safety by increasing situational awareness and inter-jurisdictional responses to calls for service. Based on this preliminary report, Kimball projects consolidation of the Palm Beach Gardens, Jupiter and Juno Beach police communications can be planned and implemented within a two year timeline. While creating a single independent consolidated communications center from thre e departments in separate jurisdictions has its challenges, the Police Chiefs of Palm Beach Gardens, Jupiter and Juno Beach demonstrate exceptional cooperation and commitment to the concept of shared services. Kimball’s experience indicates where this level of cooperation and commitment exists, the consolidation of emergency communications is an opportunity with a high probability of success not to be missed. PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 3 2. BACKGROUND The City of Palm Beach Gardens and Towns of Jupiter and Juno Beach primarily comprise the region known as Northern Palm Beach County (Region). The police departments of the three municipalities are the participants in this preliminary consolidation study. As indicated in the project scope statement “The goal of this project is to develop a report that examines the benefits and requirements of Public Safety Answering Point (PSAP) consolidation.” The participants seek a feasibility assessment for a regional public safety communications center. Through this preliminary study, the respective Ch iefs of Police and Town / City managers have agreed to examine the feasibility, cost, and requirements to consolidate their respective emergency communications centers. This report provides a high level concept explaining the purpose, benefits, challenges, implications, and basic requirements of a PSAP consolidation. The participating stakeholder agencies have each expressed reasons for looking into consolidation and their requirements for a consolidated center. All realize the advantages of consolidating radio systems, training and mutual aid responses. Studying consolidation of other systems and operations is an opportunity to improve service, voice and data interoperability and situational awareness. Palm Beach Gardens Police Department, under the leadership of Chief Stephen Stepp operates a five position primary Public Safety Answering Point (PSAP) with 15 full time civilian employees. The Communications Manager is Judy Brandt, a civilian reporting to Police Major Ernie Carr. Palm Beach Gardens also expresses a willingness to accommodate the new consolidated operation in a new facility already being planned for their municipality. Jupiter Police Department is under the leadership of Chief Frank Kitzerow. The Police Department operates a four position primary PSAP with 13 full time employees and one part time employee. The civilian Communications Supervisor is Donna Ross, who reports to Captain James Feeney. Jupiter stakeholders hope to manage an ever increasing workload through shared resources. They also recognize the unique timing and opportunity to make enhancements to their emergency communications service and facility. Juno Beach Police Department, under the leadership of Chief Dennis Weiner, operates a two position primary PSAP with five full time employees and two part time employees. The Records and Communications Supervisor is Heather Edewaard, a civilian who reports to a sworn supervisor. Juno Beach sees the advantages of partnering with larger agencies in dealing with operational issues, costs and services levels. All three agencies answer 9-1-1 calls, process the calls, and dispatch police response. Emergency 9-1-1 calls requesting Fire and Emergency Medical response are transferred to the Palm Beach County Fire / EMS dispatch center. All the participants agree a consolidated communications center must be an autonomous agency, while the individual jurisdictions remain responsible for service levels. A consolidation of the Palm Beach Gardens, Jupiter and Juno Beach PSAPs will also promote the idea and opportunity for further regionalization by members of the Northern Area Mutual Aid Consortium (NAMAC). Other emergency response agencies in the County are reportedly monitoring the northern PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 4 region and may consider the actions taken in this initiative in making their own decisions regarding consolidation. PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 5 3. METHODOLOGY On November 14, 2008 a kick-off meeting was held via a telephone conference bridge with Melinda Miller, Ernie Carr, Judy Brandt, Heather Edewaard, Bob Daniels, Kevin O’Conner and the Kimball team. Surveys were then distributed to participants to gather statistics and data from each communication center. Systems were inventoried, staffing surveys completed, and budget data was gathered from the three participating agencies. The surveys contain PSAP contact information; jurisdiction demographics; staff data, call volume and work load statistics derived from records; and operational data pertaining to staff assignments, shift complements and leave accrual. Due to the high level nature of the report, the data was not verified by Kimball. From this, trends, practices, and requirements emerge to determine feasibility of consolidated police communications. Kimball representatives visited the Palm Beach Gardens, Jupiter and Juno Beach dispatch operations on December 1, 2008. After brief tours, Kimball met with the participating agencies’ Chiefs and PSAP Managers. The group completed the data collection instrument and gathered additional information needed to complete this preliminary consolidation report. Managers and Chiefs were questioned about their vision for the PSAPs and their expectations for maintaining and/or raising the level of service they provide. While this information may be considered anecdotal, these key stakeholders are the experts possessing complete knowledge of the operational requirements of their respective jurisdictions. The information received during group interview is valuable toward shaping this preliminary view of consolidation. PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 6 4. BENEFITS OF CONSOLIDATION Consolidation of emergency communications for Palm Beach Gardens, Jupiter and Juno Beach police departments can provide a consistent level of service for cross-jurisdictional coordination and interoperability among emergency response agencies, as well as regional, state and federal responses and partnerships. Properly implemented, the level of service is a higher quality in a consolidated environment than can be provided by separate centers. Dispatch times can be improved by eliminating life threatening time delays in processing and dispatching calls requiring multi-jurisdictional responses. Dispatching units can be better coordinated for all police responses within the region when coming from one facility. The current data indicates the average call processing time of 1 minute, 10 seconds exceeds the national standard (60 seconds), suggesting improvement through consolidation is probable. Operational benefits of consolidation come from having more resources. Internal operational benefits include: More employees to handle calls faster and with more proficiency. Increased and improved supervision. Standardized training and career path opportunities, increasing the professionalism of the staff. Dedication of staff to one discipline at a time, i.e., allowing dispatchers to focus on fields units. True interoperability and coordination of response resources is achieved at the call process level. Increased situational awareness (immediate notification of events affecting more than one jurisdiction). Additional benefits of consolidation affecting the response agencies, the region and the citizens include: Standardized call handling, dispatching protocols, and training decrease opportunities for error and enhance safety of responders and the public. Improved coordination of multi-jurisdictional and/or multi-agency incidents. Increased opportunities for grants and state funding to support public safety operations and interoperability within the region. Cooperative consideration, responsibility, interoperability, and action across local government boundaries. Centralized authority to address operational and service efficiencies, equity, and accountability. The operations are developed, maintained and configured to provide and maintain a pre -determined level of training, certification requirements, accreditation, standard operating procedures and standardized internal protocols to meet the specific support needs of all user agencies. Consolidation provides an opportunity to incorporate other traditional and non-traditional public safety services such as transportation, emergency management, schools and public works. In times of emergencies affecting multiple jurisdictions, such as hurricanes, police, fire, EMS and emergency management will be better able to coordinate response efforts with a single consolidated police communications center rather than three separate centers. There are a variety of ways to enhance this PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 7 coordination, including data sharing, monitoring services, and facility sharing, all of which contribute to an environment of interoperability and value-added public safety services. Cost efficiencies are achieved through eliminating duplication in systems and networks, equipment, facilities and personnel. Streamlining systems and equipment into one primary center and potentially one backup center will be far less costly to equip, maintain and replace in future years. In a consolidated organization, there are cost-sharing opportunities that can reduce overall costs for all participants and level the playing field for all jurisdictions, regardless of size or location. The estimated cost savings related to the elimination or reduction of duplication is $1million to $2 million. Whether through cost efficiencies and/or cost sharing opportunities, a more stre amlined operation is realized. Improving capacity and technology are fast becoming the drivers making sharing services feasible and desirable. Consolidation leads to benefits resulting from technology improvements. The consolidated center is larger and therefore able to purchase better equipment in a single unified system, making it easier to upgrade and maintain. The operational complexity is reduced while the operational efficiency is increased. Systems and equipment maintenance agreements and support contracts are reduced, ultimately leading to the region being better positioned for appropriate backup or alternate center and emergency operations plans. Based on preliminary data and joint interviews with the Chiefs and PSAP management staff, it is clear that a single consolidated center will best serve the public and officers. For Palm Beach Gardens, Jupiter and Juno Beach, a consolidated center can provide the following specific benefits: The public and officers will experience upgraded service levels resulting from an organizational structure that includes separate levels of certification and training requirements for the disciplines of call taking, police dispatching. These general disciplines are then further parsed to include levels of certification from basic through master/tactical. All operational communications personnel will be in proximity to each other within the same room. Call takers and dispatchers serving the region are more accessible and can more freely communicate. Proximity allows staff to maintain a clear picture of overall region-wide public safety and situational awareness. This type of communication and overall awareness enables the center staff to provide a higher level of service to the field personnel and to the community. Improved quality of service, cost efficiencies and operational efficiencies are the outcome of a well planned and executed consolidation. A consolidated center enjoys a more efficient deployment of internal and external resources. Effective movement of personnel occurs on situational need. Properly planned and executed personnel training and transition increases staff professionalism and can enhance commitment by staff to the organization and served agencies. With adequate staffing, controlled retention an d proper training, and a schedule that best fits the needs of the staff and center operations, overtime can be better controlled and reduced. PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 8 Cost estimates for similar efforts for facilities, systems, and personnel suggest that a single consolidated center model is more cost-effective for the region. Over time, a single consolidated center will be less expensive to establish and maintain than the three current operations. PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 9 5. CONSIDERATIONS IMPACTING CONSOLIDATION The following are basic requirements in considering consolidation of the three police communications centers. All findings, estimates and projections are preliminary in nature and require validation, further study and detailed analysis before action can be taken. A comprehensive consolidation stu dy should be completed before beginning a consolidation project. 5.1 STAFFING Center operations of a size anticipated at full consolidation for the region require personnel levels that provide sufficient staffing during normal operations and the ability to supplement that staff during times of critical incidents. APCO Project Retains staffing formulas,3 Kimball-developed formulas, and industry best practices were used to analyze the survey data and determine estimated staffing numbers. The participants experience an annual average turnover rate of 14.4%4, well below the national turnover rate average, last reported to be 17 to 20 percent. A low turnover rate in any work environment is indicative of employee job satisfaction. The low turnover rate has a positive effect on overall center operations, regardless of consolidation. Although turnover is lower than the national average, the overtime budget is comparable to budget percentages that are experienced around the country. Practical judgment in any bu siness model suggests if the amount expended supporting overtime costs exceed the total salary and benefits of one or more full time employee, these same funds are better invested in one or more full time employee. Overtime costs can be reduced by increasing staff; however, municipal leaders and PSAP management must understand that an overtime budget will continue to be necessary for continuity of operations in the 24 X 7 emergency communications operation. To determine the approximate number of telecommunicators needed to process the call and incident volume, Kimball uses formulas developed by Association of Public Safety Communications Officials (APCO) Project 40 (RETAINS). These nationally recognized formulas use the call volume, processing time, and employee availability to determine the number of personnel needed to efficiently process the call volume. Calculations estimate the average processing time, net available work hours, and agent occupancy rate and calculate against a determined turnover rate. Kimball and the agencies collaboratively analyzed actual call volume, processing time and personnel availability based on the agencies’ history. Potentially, two radio districts are indicated to provide adequate coverage for first responders. 3 http://www.apcointl.org/new/commcenter911/retains.php 4 Average annual turnover rate based on combined statistics and data from all participants processed through the Kimball Staffing Worksheet formula. PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 10 Using data provided by the agencies, preliminary analysis indicates approximately 26 to 28 personnel will be required to staff the consolidated center. Current combined staffing for the 3 agencies is 34 people. Detailed studies employing observations of operational methodologies, interviews and further statistical validation and analysis will more definitively determine the optimum projected staffing needs. All staff should be cross trained to maximize functionality of the center. The estimate also considers streamlining operational methodologies by combining similar work flow processes. The number of staff needed to address the workload drives the workstation projection. Preliminary analysis estimates the projected number of workstations required is 10, with space for additional 5 workstations to accommodate future growth. An appropriate, full programming analysis and assessment must be completed to validate the call volume and processing workload projections. 5.2 OPERATING METHODOLOGY Operational methodology requirements for optimizing successful consolidation include: A combined duty floor operation establishing areas of concentrated activity Similar and dependent services managed in a group responsive setting, such as grouping by call taker, police dispatching and supervisor. Supervision and coordination of resources focused in one area of the communications floor. The ability to isolate and protect other areas during high priority and long term incidents, enabling normal activity to continue, and alleviating unrelated background noise. For resources that cannot be maintained electronically, files, folders, books and other resources maintained for easy access. Dedicated call takers allowing dispatchers to focus on radio transmissions* A cross-trained staff with multiple levels of certifications A call processing flow that facilitates appropriate and free interaction and coordination among call takers and dispatchers. * Palm Beach Gardens and Jupiter work primarily with dedicated call taking; however, anecdotal information and call volume indicate frequent conversion to combined duty. Juno Beach operates with one person on duty therefore requiring the combined duty at all times. Adapting to the dedicated call- taker format in a consolidated operation increases citizen and community safety through the increased number of fully trained, certified, and dedicated resources (call-takers). Pre-arrival instructions and intervention protocols can be time intensive. In a consolidated environment, the call delivery time to the respective dispatcher(s) is not delayed. Dispatch and follow up with responding units is not interrupted or juggled against the needs of the caller. PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 11 5.3 SERVICE LEVEL 5.3.1 Work Load One of the commonly voiced concerns from agencies considering consolidation is the desire to maintain the quality of service levels currently provided. As is common in many individual public safety agencies, the call-taker / dispatcher position is the initial point of contact for the agency. Call -takers / dispatchers act as switchboard operators, assisting callers with locating individuals and services within the agency and municipality served. They direct callers or even transfer callers to outside municipalities and / or services. In a consolidated environment, this type of service can continue without noticeable interruption if agreed upon by the participating agencies during the Planning phase. Many non-emergency after-hours services are requested via direct dialed calls on administrative / non - emergency lines to individual public safety agencies. These calls may be requests for public safety assistance or other services. In some cases, the dispatcher is the initial after-hours contact for all municipal services and information. The access to service via direct dial to administrative / non-emergency lines can continue in a consolidated environment. Calls can seamlessly and easily be transitioned from being answered at the responding agency / service provider offices, to being answered at a consolidated center. Duri ng the Planning Phase of consolidation, the participating jurisdictions can review and determine the type of technology and protocol to be used to handle their individual needs pertaining to the handling of the non - emergency, after-hours service requests. Policies and procedures for these calls should be established during policy development in the Planning Phase. There are many non-emergency / administrative functions handled by the communications staffs of the existing PSAPs. During consolidation planning, participants will need to evaluate and determine how best to handle non-emergency / administrative needs, both common and unique. Following are some examples of the types of calls and how they could be handled: There may be instances where the dispatcher(s) currently function as the initial contact for non- public safety related services, and a jurisdiction or municipality may elect to staff a clerical position for normal business hours. Public Works calls are also related to public safety, and citizens can be directed to a non- emergency line in a consolidated dispatch environment for public works calls, with appropriate protocols in place. Special event calls, such as calls asking when a bridge / road will be closed, or calls asking when a municipality’s holiday parade will take place can be suited to a consolidated dispatch environment with appropriate notification process and protocols, training and communication. Citizens enjoy the access of service via walk-in to the Juno Beach Police Department. Once consolidated, if there is a need to continue around the clock walk -in service, Juno Beach may decide to staff their office after hours, or enact another method for providing this service. PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 12 In Jupiter and Palm Beach Gardens, a telephone is available in the Police Department lobby for after- hours contact with the PSAP telecommunicators. Individual municipal and agency needs must be considered carefully in the Planning phase. There are many variations possible for the consolidated dispatch environment, providing support for municipal services and administrative call needs for each community. 5.3.2 Call Volume Each participating agency provided call load statistics through the survey instrument. Combining the call volume statistics from the current year (2008) gives a picture of the volume of emergency and non - emergency calls currently handled by the three agencies. Table 5-1 shows the total volume for wireline 9- 1-1, wireless 9-1-1, and non-emergency calls received this year. Table 5-1 Call Volume Wireline 9-1-1 Calls Wireless 9-1-1 Calls Non-Emergency Calls Total Combined Call Volume Participating PSAPs' Combined Call Volume 16,419 34,500 241,483 292,402 These departments can expect similar and/or increasing call volume in the future. A consolidated operation can provide the agencies with additional staff and consistent service levels to manage anticipated call volume. Just as participating agencies can benefit from streamlining systems, equipment and network in a consolidation, so can the operational aspect benefit from streamlining and improving processes and resources. 5.3.3 Metrics The participating agencies collectively report an average of over 18 abandoned 9-1-1 calls5 per day. Tracking abandoned call rates is one method of gauging how well the PSAP is performing. No specific standard exists for abandoned calls; the goal is to eliminate or greatly reduce the number of abandoned calls experienced. The current abandoned call rate can be improved through increased available staff and training. Consolidation can improve emergency communications during periods of increased activity that separate centers are not able to fully manage. Increased staffing can also improve staff coverage and availability during common busy periods. Another reason supporting consolidation is the opportunity to improve call taker training and refresher / in-service training overall, and to decrease call answering times. 5 A call placed to 9-1-1 in which the caller disconnects before the call can be answered by the Public Safety Answering Point (PSAP) attendant. http://www.nena.org/media/File/NENA00-001_V1120080516.pdf PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 13 The core business of emergency communications is processing calls for service. Call processing includes answering an incoming call for service, determining the nature of the call, determining the appropriate response to the call, and directing the call for service and related data to a first responder. Decreasi ng the call processing time can be a benefit of consolidation. Based on data provided to Kimball, the average current process time for 9-1-1 calls for all participating agencies is 1 minute, 10 seconds. An industry best practice indicates emergency calls should be processed within 60 seconds.6 Consolidating the region’s PSAPs can improve communication performance goals. An appropriately planned and staffed consolidated center typically has the resources, training and oversight to accomplish these goals. Several studies conducted by Kimball7 have shown bringing PSAP call processing in line with industry best practices and establishing performance goals that are achievable have a positive effect on response times. Dedicated, certified call takers processing calls and meeting performance goals, increased situational awareness through proximity of call takers and multiple agency dispatchers, and sharing performance metrics with dispatch staff with relevant in-service training are examples of best practice standards impacting positively on processing times. 5.3.4 Interoperability and Information Sharing A consolidated PSAP is the ultimate form of interoperability among served agencies. If planned properly, the use of singular systems, processes and protocols, equipment and space, allows the communications staff to work efficiently and improve quality of service overall. Kimball is aware of plans to migrate to a new radio system and the desire to replace two of the three CAD systems. There is also a countywide Next Generation 9-1-18 project underway that will affect information sharing across the region. The consolidation study participants can further benefit from consolidation by considering internet protocol based (IP-based) systems that integrate / interface with each other and those of neighboring jurisdictions. 5.3.5 Call Transfers Currently, the participating agencies transfer all calls for emergency medical and fire response, and state police response. The call taker attempts to stay on the line to make certain of the need for police response. Palm Beach Gardens advises the average transfer time is 21 seconds. It is important to the participating agencies to pursue any effort to reduce transfer time. A regional center has the potential to allow call 6 NENA standard, http://www.nena.org/pages/Content.asp?CID=23&CTID=5 7 Studies conducted within past year: Charleston Co SC, St. Louis MO, Atlantic Co NJ, Morris Co NJ 8 “NG9-1-1 is a system comprised of managed IP-based networks and elements that augment present-day E9-1-1 features and functions and add new capabilities.” NENA Master Glossary of 9-1-1 Terminology NENA-00- 001Version 11, May 16, 2008 PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 14 takers to always remain on a transferred call, and is one step closer to further regionalization with other response agencies. The selective routing9 and Master Street Address Guide (MSAG)10 appear to be more than adequate to support the three PSAPs as they are currently configured. Palm Beach Gardens found that only eight police calls required transfer to Jupiter in November 2008. There were no police call transfers to Juno Beach in the same time period. 5.3.6 Union and Employment Benefits The three participating agencies’ staffs are members of the Palm Beach County Police Benevolent Association (PBA). The PBA is a collective bargaining unit representing its members through agreements with Palm Beach Gardens, Jupiter and Juno Beach. Each agency has a similar, though separate , agreement with the PBA. Agreements in place between the members of the PBA and the City and Towns will require alteration to wages, benefits and conditions of employment to be negotiated. The experience of the participating agency representatives and Kimball suggests these changes are best addressed when the current contracts expire. Consolidation planning should include discussions and development of mutually acceptable wages, benefits and conditions of employment with the collective bargaining unit to develop a single agreement between PBA members, a consolidated communications governance structure, and participating municipalities. 5.3.7 Governance and Human Resource Issues Governance refers to establishing a shared vision and a collaborative decision-making process supporting interoperability efforts to improve communication, coordination, and cooperation across jurisdictions 11. Developing an appropriate governance structure for a consolidated PSAP is critical to enabling the center manager to effectively manage center resources and provide the best possible service to all user agencies and the community. 9 “The process by which 9-1-1 calls/messages are routed to the appropriate PSAP or other designated destination, based on the caller’s location information, and may also be impacted by other factors, such as time of day, call type, etc.” http://www.nena.org/media/File/NENA00-001_V1120080516.pdf 10 “A data base of street names and house number ranges within their associated communities defining Emergency Service Zones (ESZs) and their associated Emergency Service Numbers (ESNs) to enable proper routing of 9-1-1 calls.” http://www.nena.org/media/File/NENA00-001_V1120080516.pdf 11 U.S. Department of Homeland Security; March 2007. PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 15 Operational Governance can be handled in a variety of ways, including, but not limited to, the following: An independent entity can be established, with all agencies represented thru a governing board. This would be the most costly and complicated option at this time. All Communications Center staff can be housed in one facility, while personnel and payroll issues are handled by the contributing agency, such as is the case in a task force scenario. The Communications Center can be housed and managed by one agency, receiving oversight and input from the other agencies. The implementation of a specific governance model may vary based on the stage of consolidation transition at the time. Additionally, the development of a governance structure can be impacted by political and user agency control issues. When combining services, it is important to realize the communications manager must utilize th e center resources to address the needs of all user agencies equitably. While this balance can be achieved, the governance structure can positively or negatively impact the ability of the center management to maintain the balance in the long term. The consolidation of emergency communications should be a truly collaborative effort between the police and municipalities. A business model approach of service provider and customer agencies will result in equal and optimum service to all user departments. The participating agencies have identified potential personnel issues with fully consolidating personnel at the time of initial operational consolidation. Concerns are due in part to the separate union contracts. 5.4 TECHNOLOGY The equipment and systems used in the three participating PSAPs is varied and mostly isolated. There are reportedly several different types of radio systems in use across the region. In 2009, the participating agencies and other Cities and Towns in Northern Palm Beach County are considering conversion to a M/A-COM OpenSky radio system. This migration should alleviate interoperability issues and allow for further direct and/or indirect regionalization. The timing of the migration to a regional radio system is good for the police agencies considering consolidated emergency communications. If the consolidation initiative is implemented, migration to the OpenSky radio system will occur. There is also a countywide Next Generation 9-1-112 project that will further enhance voice and data interoperability. Voice and data interoperability begin in the communications center. Consolidating the three police communications centers will only enhance these technology improvements. Continuation of silo-like communications operations will cause unnecessary expenses through additional duplicated networking, systems, and equipment. 12 “NG9-1-1 is a system comprised of managed IP-based networks and elements that augment present-day E9-1-1 features and functions and add new capabilities. NG9-1-1 is designed to provide access to emergency services from all sources, and to provide multimedia data capabilities for PSAPs and other emergency service organizations.” NENA Master Glossary of 9-1-1 Terminology NENA-00-001Version 11, May 16, 2008 PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 16 The County 9-1-1 Coordinator, Mark Adler, provides funding for all County PSAPs’ 9-1-1 telephony equipment, mapping and logging recorders. There is different equipment in all thre e agencies. Mapping is countywide, as County geographic information system (GIS) staff coordinates with each city’s or town’s GIS. Logging recorders are funded by the 9-1-1 Board, and none of the disparate systems are networked. The IP based logging recorder in Palm Beach Gardens is new, and is sufficiently robust to provide functionality for all three municipalities for radio traffic. Within a consolidated environment, the analog recorder requirements for telephone line traffic must be determined. The surcharges currently disbursed to three different PSAPs for equipment can be funneled into one communications center, providing better technology, added functionality and greater capacity to the systems and network. The computer aided dispatch (CAD) systems are not funded by the 9-1-1 Board, and different products are used in each agency. None of the CAD systems are networked. Jupiter and Juno Beach are planning to replace their CAD Systems. Jupiter is delaying system selection pending completion of the preliminary exploration of consolidation feasibility. Juno Beach is moving forward with procuring a TotalEnforcement CAD system. According to Heather Edewaard, Juno Beach Communications Center Manager, the TotalEnforcement CAD system is reported to be capable of interfacing with the OSSI SunGard system currently in use by Palm Beach Gardens. Kimball experience indicates CAD product vendors do not typically allow or develop programming for CAD to CAD information sharing or interfaces. While technically feasible, proprietary software and closed operating systems sometimes represent challenging and expensive roadblocks. The interface capability of the TotalEnforcement CAD system should be carefully evaluated and validated. Purchasing, updating, or replacing a single CAD system for a consolidated center is more cost efficient, and has the potential to provide more functionality than individual systems. Kimball also notes the use of two separate CAD systems can create a collocation of staff rather than a fully consolidated operation, due to specialization or split skill sets necessary to use disparate CAD systems. The ability to equip the region with more modern systems and provide a more streamlined and higher capacity (bandwidth) network is tied directly to how many systems must be funded. Funding opportunities and better technology are great incentives for attracting participants to a consolidation initiative, just as are opportunities to improve interoperability, coordination and situational awareness. Technology is ever changing. As more consumer communications devices become common, pressure on the existing antiquated 9-1-1 system increases as the public expects connectivity to emergency services via text messaging, instant messaging, telematics13, pictures and videos. 13 The system of components that supports two-way communications with a motor vehicle for the collection or transmission of information and commands. NENA Master Glossary of 9-1-1 Terminology NENA-00-001Version 11, May 16, 2008 PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 17 Funding for Next Generation 9-1-1 (NG9-1-1), or IP-enabled systems, does not yet exist except in grants that have been typically awarded to large metropolitan area projects. Individual stand -alone PSAPs will face difficulty funding the equipment and systems replacements to accommodate Next Generation (NG) 9-1-1. Larger consolidated centers with connections and partnerships with all levels of responders will be better positioned, financially and technically, to address NG 9-1-1. PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 18 6. CURRENT AND PROJECTED COSTS The participating departments each completed a Cost Comparison Survey that captures the current total operational and capital expenses of their respective dispatch function. The data used for this report is derived from the survey and will require validation in a comprehensive consolidation study. A review of preliminary information reveals the participating agencies expend more than $5 million in total PSAP operational costs. Through consolidation, the participants can expect to remove duplicate costs for systems maintenance, networking, facility upkeep and equipment. Consolidation may impose an increase in personnel costs from training, salaries, benefits, and support staff, but these new or increased costs are temporary. Cost savings immediately realized with consolidation will come from eliminating the temporary costs. Other temporary costs are capital (facilities, systems and equipment) and transitional (planning and implementation). Again, these costs will be eliminated upon consolidation. After consolidation, cost savings will come from reduction in duplicate facilities, systems and equipment. Long term analysis is needed to estimate cost savings in the long term. The participants will definitely realize cost efficiencies that will translate into cost savings in future years. With the elimination of duplicate costs, estimated cost savings of $1 to $2 million within the first few years of operation become possible, based on data provided by the municipalities. The participants may realize this collective savings if the data used to make the projections remains consistent during a comprehensive study. The capital costs provided by the participating agencies do not include facility construction costs. Palm Beach Gardens has already committed to construct a new facility. From an equity perspective, the other two communities will need to commit to their fair share of the capital costs of construction. The capital expenses noted in the survey by the participating agencies include syste ms and equipment procurement. The participants as a group are planning capital outlay for the coming year to exceed $11 million for the radio system replacement, upgrades, and other systems and equipment replacement. If the police agencies consolidate their communications centers, they will likely experience cost savings or cost efficiencies derived from a reduction in the duplicate capital costs tied to the telephony and CAD systems replacements / upgrades. Aside from the radio expense, Capital savings on customer premise equipment (CPE), CAD and furniture of approximately $460,000 or more could be realized with consolidation. Detailed analysis is needed to provide reliable estimates. 6.1 EXTERNAL FUNDING SOURCES The Florida Department of Management Services provides statewide E9-1-1 Coordination under the guide of Florida Statutes 365.171-175.14 These statutes provide funding to counties for eligible E9-1-1 and wireless 9-1-1 costs and are administered by an E9-1-1 coordinator at the County level. This legislation also specifies that the funds can only be used for “…costs associated with developing and 14http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0365/SEC1 71.HTM&Title=->2008->Ch0365->Section%20171#0365.171 PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 19 maintaining E911 systems and networks…”15 In general, the costs for the 9-1-1 telephony system, equipment and network, logging recorder and 9-1-1 mapping are eligible for reimbursement. Through consolidation, the region can reduce the number of systems and equipment and create a streamlined network, thus reducing the recurring and replacement costs to the County 9-1-1 Coordinator’s office. This will give the region a potential advantage in pursuing funding for better systems and equipment and also provide more redundancy and reliability in the network. With the facility and radio system replacement are funded separately, the major capital expense remaining to be addressed is a multi-agency, multi-jurisdictional CAD system. Palm Beach Gardens currently operates an OSSI CAD system. Jupiter has suspended the selection of a new CAD system until a decision is made regarding consolidation. Juno Beach is moving forward with CAD/RMS system procurement with a product that claims CAD to CAD interface capability with OSSI. The OSSI SunGard CAD system used by Palm Beach Gardens is capable of supporting the consolidated center, presenting an opportunity for meaningful infrastructure cost savings. Palm Beach Gardens expresses satisfaction with the system, having last updated the version in October 2008. Although the capacity may need to be increased to support the additional departments, the expense would be less than replacement system procurement. The region may be eligible for Data Interoperability grants through the Department of Homeland Security and the Public Safety Interoperable Communications (PSIC) Grant Program.16 There is also a Public Safety Data Interoperability (PSDI) Program currently underway. The program is conducted jointly by the Association of Public Safety Communications Officials (APCO) and Integrated Justice Information Systems (IJIS). The program goal is to “improve real-time data information sharing capabilities in the emergency response community.”17 The Northern Palm Beach County public safety stakeholders stand to benefit from the grant programs as they support CAD to CAD interoperability and effectively lower costs as newer, open architecture and off-the-shelf technology is incorporated. 6.2 PLANNING & TRANSITION COSTS Planning and transition phase costs consist of three categories: Transition costs (temporary expense) Capital costs (temporary expense) Ongoing Consolidated Operation Costs (permanent costs) 15 Ibid. 16 PSIC Grant Program provides funding to States… to enable and enhance public safety agencies’ interoperable communications capabilities. http://www.ojp.usdoj.gov/odp/docs/info248_PSIC_FAQ.pdf 17 http://www.ijis.org/db/share/public/Library/Publications/PSDI_Data_Interoperability.pdf PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 20 From the decision to consolidate through to the cutover of the live consolidated center, there are several phases of planning, transition and implementation that must occur. During the time leading up to cutover, existing operations must continue. The status quo costs are expected to be borne by the individual PSAPs. Once the consolidated center goes live and budget is established, these costs will cease, and operational costs become the responsibility of the consolidated center. Transition costs are comprised of staff hours to participate in planning meetings, specification development for new / upgraded systems, and program development / updates (i.e. – Training, QA, SOP and accreditation). The cost of enlisting professional services to coordination this unique project will also need to be considered when budgeting for transition. Capital costs of updating or replacing systems and equipment can be determined once decisions are made in the initial planning phase regarding which systems and equipment will be affected. Included in these costs will be the interface(s) between the consolidated center’s selected CAD system and the participating agencies’ Records Management system (RMS). Technical capabilities and cost will be affected by whether the selected and incumbent products have existing interfaces, or if an interface must be developed. If a new CAD system is specified for the consolidated center, the participating agencies can specify an RMS interface as a requirement. If an existing CAD system is updated, determinations concerning the responsibility for cost of an interface to a participating agency’s disparate RMS need to be made. Once the consolidated center is operational, there are revenue producing opportunities that may augment funding for ongoing operations. For example, Juno Beach is planning to implement a fee based alarm monitoring service that will also reduce response time to the alarms. Partnering with other Public Safety or non-traditional Public Safety entities can also produce revenue. Methods for funding must be identified and implemented to assure the success of a consolidated PSAP and its mission. Options for funding transition costs include: Cost sharing on a cost per call or call volume basis, including some or all of the following causal factors: o Calls for service as documented in CAD. Types of calls may also be examined for effect. o Number of wireline subscribers o Call counts/volume (number of total calls received from municipality). Note: this is a different figure than what is captured as a call for service in CAD. This call count comes from CPE activity reports and captures actual work load. Other services provided by the consolidated center such as specialized monitoring of systems or services. PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 21 7. CONCLUSION The consolidation of the police dispatch centers in Jupiter, Juno Beach, and Palm Beach Gardens is feasible for reasons related to service and safety, some of which is intangible and difficult to measure. A strong business case also exists in the form of shared infrastructure, technology, systems and operational efficiencies which relate directly to long term cost savings. Kimball recommends positive consideration for the consolidation initiative by the three municipalities. In addition to potential savings, consolidating emergency police communications in the region presents potential for greater value for invested funding in technology, equipment, and systems and more effective use of resources. Operational efficiencies are expected to yield savings related to staffing and administrative costs by reducing duplicated activities. Coordinated efforts within the communications center supports the mutually supportive tactical activities already being practiced by police officers of the respective jurisdictions. The interactive, coordinated approach to policing in the region will yield greater officer safety in addition to facilitating unabridged information sharing between departments. Service to the communities is favorably impacted. The participants’ next step is to obtain approval from the parent municipalities to procure professional services for comprehensive consolidation and transition planning support. The transition plan should detail findings of current operations and provide recommendations for reengineering those operations in preparation for consolidation. Identifying milestones for successful consolidation, sequencing activities, implementation scheduling and work plans and change management are integral components of the transition planning process. As with any large-scale project, consolidation of public safety communications must have buy-in from all stakeholders. Expert transition planning and support provides detailed planning, milestones, execution support, and performance monitoring. Management of expectations and management of change are transition components designed to ensure stakeholder support and project success. Some of the planning functions may include: Definition of consolidation objectives and establishing metrics to a ccurately document success in activities such as call processing times; abandoned 9-1-1 calls; telecommunicator retention rates; response times and call transfer times. Major tasks on this path to success include addressing operations, staffing, training, technology systems and equipment, and facilities. The critical tasks of coordination, communication and management of the consolidation project are all dependant on solid planning and execution. Establishing governance. There are numerous models for establishing governance, but it is important to understand successful consolidated communications centers operate independently, serving all customer departments equitably. Consolidated centers are generally managed by a director with authority for day-to-day operations, decision and planning. A Committee or Board PRELIMINARY CONSOLIDATION STUDY SUBMITTED TO CITY OF PALM BEACH GARDENS, TOWN OF JUPITER, AND TOWN OF JUNO BEACH L. Robert Kimball & Associates, Inc., January 2009 © Page 22 comprised of representatives of member/partner departments provides high level oversight, planning, policy development, funding, and resource guidelines. Establish funding model options. Options can be developed and included in the study to assist in the decision making process. Three expenses must be addressed when exploring funding methods: (1) planning (short-term expense); (2) operational and capital transition costs (short- term expense); and (3) ongoing operational costs after the consolidation occurs. Grant funding, municipal funding/bonds, wireline and wireless surcharges, earmarks and reallocation of existing funding are examples of resources to be considered and assessed for applicability. Establish service levels. Consolidation will affect some services offered by the respective departments. Decisions regarding continuing, modifying, or discontinuing some services must be made, planned and managed through transition. A purposeful shift from isolated silos providing individualized public safety communications to a consolidated communications center provides the region and participants a unique opportunity to improve the region-wide emergency response system. Striving for consistency and uniformity will enable a consolidated operation to better serve all customers, citizens and responders. The transition from planning to implementation will be a significant milestone that marks the beginning of the most labor-intensive phase. It will require coordination and communication to integrate all participants, systems, equipment, training, operations, and staff into the new agency. Educating key personnel and proving appropriate information to all stakeholders, government officials and the public throughout the project is essential to the success of the consolidation. Kimball experience finds two to three years as typical project duration, from initial planning through operational “go live” of a consolidated center. Compressed or elongated schedu les typically derive from facility construction or renovation schedules, or from political influences. The size, number and condition of the agencies consolidating also affect the schedule. Based on the information currently known concerning the three participating agencies in this preliminary study, consolidation can be planned and implemented within a two year estimated timeline. Palm Beach Gardens anticipates a new Emergency Operations Center and consolidated communications center will be ready for occupancy within the two year timeline. Creating a single independent consolidated communications center from three departments in separate jurisdictions has its challenges; however, the Police Chiefs of Palm Beach Gardens, Jupiter and Juno Beach demonstrate exceptional cooperation and commitment to the concept of shared services. Kimball’s experience indicates where this level of cooperation and commitment exists, the consolidation of emergency communications is an opportunity with a high probability of success not to be missed. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 11•06•08 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 NOVEMBER 6, 2008 4 5 The November 6, 2008 Regular Meeting of the City Council of the City of Palm Beach 6 Gardens, Florida, was called to order at 7:02 p.m. in the Council Chambers of the Municipal 7 Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Vice 8 Mayor David Levy. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be in 12 attendance: Vice Mayor David Levy, Councilmember Joseph Russo, Councilmember Jody 13 Barnett and Councilmember Robert Premuroso. Mayor Eric Jablin was absent. 14 III. ADDITIONS, DELETIONS, MODIFICATIONS 15 ADDITIONS 16 None. 17 DELETIONS 18 Resolution 95, 2008 – Decorators Unlimited. A Resolution of the city council of the city of 19 Palm Beach Gardens, Florida, amending the site and sign plan approved for Lot 2 of South 20 Park Center (a.k.a. Decorator’s Unlimited); providing waivers; providing conditions of 21 approval; providing an effective date; and for other purposes. Petitioner requested 22 postponement to date certain of November 20, 2008. A copy of the letter from the Johnston 23 Group has been provided for each member of Council. 24 Postponment for Items for Council Discussion 25 a. January 1, 2009 Council Meeting. 26 b. Membership to the Historical society. 27 c. District Park – purchase, timeline and uses. 28 d. City of Palm Beach Gardens’ 50th Anniversary. 29 e. Policy on Personal Relationships in the Workplace. 30 Vice Mayor Levy announced that in Mayor Jablin’s absence he requested the noted items b e 31 postponed until the date certain November 20, 2008 Council meeting. 32 MODIFICATIONS 33 None. 34 Motion 35 Councilmember Barnett made a motion for approval of additions and deletions. 36 Councilmember Russo seconded and asked for a brief discussion on the autism center under 37 his report. Councilmembers agreed. The motion passed unanimously, 4-0. 38 IV. ANNOUNCEMENTS AND PRESENTATIONS 39 a. Alicia De Fago, Florida Department of Transportation (FDOT), presented the U.S. 1 and 40 PGA Boulevard/A1A drainage project. Scott Burrie, FDOT District Four Project Manager; 41 Michael Irwin, P.E., Senior Project Engineer and Greg Landgraf, Project Administrator, U.S. 42 1 at S.R. A1A/PGA Boulevard Drainage Improvement Project were introduced. 43 Councilmember Russo stated his objections to the project beginning on January 5 instead of 44 May 5 because this is the busy time of year for local businesses. Ms. De Fago stated the 45 project will take ten months and will affect the busy season in one way or another. Vice 46 Mayor Levy asked if this is a conveyance or infiltration system to which the reply was it is a 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 11•06•08 little of both. Vice Mayor Levy inquired if there are incentives for the contractor for an early 1 finish to which the reply was no. Vice Mayor Levy reiterated Council’s concern that the 2 project disrupt businesses as little as possible. 3 City Manager Ron Ferris explained the excellent communication efforts and cooperation of 4 the FDOT project members with City staff members. 5 b. Vice Mayor Levy announced the Seacoast Utility Authority Expansion, Petition CUMJ-6 08-06-000014, will not be on tonight’s agenda. The public hearing will be Thursday, 7 November 20, 2008. 8 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 9 a. Councilmember Barnett reported on the Community Aesthetics Board (CAB) meeting 10 of November 5, 2008. The CAB hopes to issue environmental awards in 2009. 11 Councilmember Barnett encouraged local business to contact Angela Wong, Operations 12 Manager, CAB Staff Liaison, regarding how they can participate. Councilmember Barnett 13 also encouraged any Councilmembers with Leaders in Energy and Environmental Design 14 (LEED) certification expertise to give an informational presentation at a CAB meeting. 15 b. Councilmember Russo reported that the children of Palm Beach Gardens Elementary 16 School had their own voting booth where he was allowed to vote. Councilmember Russo also 17 took a tour of the school and was impressed with the facility. Councilmember Russo 18 campaigned with Senator Atwater and was impressed with the number of young people and 19 minorities that came to vote. Councilmember Russo discussed the purchase of ten acres of the 20 District Park land for a state-of-the-art autism center. Councilmember Barnett stated she was 21 not prepared at this time to make a decision. Vice Mayor Levy suggested the item be placed 22 on the November 20, 2008 agenda. Both Vice Mayor Levy and Councilmember Premuroso 23 stated they are open to the idea, but are not prepared to discuss it at this time. City Manager 24 Ferris stated a zoning change would be required for use by the autism center. 25 c. Councilmember Premuroso reported attending the Palm Beach Gardens Historical 26 Society meeting where Dr. Eissey was the speaker. Councilmember Premuroso commended 27 the City’s new web site. Councilmembers Premuroso and Barnett attended the Gardens Lakes 28 Halloween Party. 29 d. Vice Mayor Levy attended the Nativity Lutheran Church Alzheimer’s Adult Center 30 Thanksgiving dinner and noted how fortunate Palm Beach Gardens is to have the Center. Vice 31 Mayor Levy congratulated the winners of the November 4, 2008 election. 32 VI. CITY MANAGER REPORT 33 None. 34 VII. COMMENTS FROM THE PUBLIC 35 Eileen Tucker, Shady Lakes, Palm Beach Gardens, asked what rules govern the Mayor’s 36 absence from a City Council meeting. Interim Attorney R. Max Lohman stated there are no 37 requirements for elected officials. 38 Joey Eichner, Palm Beach Gardens, announced that Kyoto Gardens Drive is now open and 39 that the Palm Beach Gardens Historical Society is active. The PGA Corridor Association will 40 hold its annual cocktail reception at 5:30 p.m. on November 19, 2008 at Riverhouse. 41 Pat Hughey, Palm Beach Square, Palm Beach Gardens, asked how a plan would be put into 42 place to hold elected officials responsible for attendance at meetings . Interim Attorney R. 43 Max Lohman stated he has never heard of such a policy and explained that typically for 44 removal of elected officials from office there is an impeachment procedure otherwise it is an 45 election. Neither the Congress, Senate or the State Legislature have attendance policies. If the 46 citizens believe they are not represented they enforce their own version of an attendance 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 11•06•08 policy at the next election. Interim Attorney Lohman stated he would research the issue. Ms. 1 Hughey stated that if the Mayor does not have time to attend a City Council meeting, how 2 does he have time to make preparations for the City’s 50th birthday celebration. 3 Councilmember Russo suggested the attendance issue be discussed at the next Charter 4 Review. 5 VIII. CONSENT AGENDA 6 a. Proclamation – Geographic Awareness Week. 7 Motion 8 Councilmember Russo made a motion for approval of the Consent Agenda. Councilmember 9 Barnett seconded. The motion passed unanimously, 4-0. 10 IX. PUBLIC HEARINGS 11 Park I –Quasi –judicial 12 Vice Mayor Levy announced the procedures that would be followed in tonight’s proceedings. 13 The City Clerk swore in all those intending to offer testimony in any of tonight’s public 14 hearings. The City Clerk read Resolution 95, 2008 by title. 15 a. Resolution 95, 2008 – Decorator’s Unlimited. A Resolution of the city Council of the city 16 of Palm Beach Gardens, Florida, amending the site and sign plan approved for Lot 2 of the 17 South Park Center (a.k.a. Decorator’s Unlimited); providing waivers; providing conditions of 18 approval; providing an effective date; and for other purposes. 19 Vice Mayor Levy opened the public hearing and requested ex parte communications. 20 Councilmember Barnett stated she met with staff and the owner of Decorator’s Unlimited. 21 Vice Mayor Levy met with staff, owner Bob Martin and agent Ryan Johnston. 22 Councilmember Russo stated none. Councilmember Premuroso stated he met with staff, 23 owner Bob Martin and agent Ryan Johnston. 24 Vice Mayor Levy stated there was a request to postpone Resolution 95, 2008 to the date 25 certain of November 20, 2008. 26 Motion 27 Councilmember Russo made a motion for postponement of Resolution 95, 2008 to November 28 20, 2008. Councilmember Barnett seconded. The motion passed unanimously, 4-0. 29 The City Clerk read Resolution 97, 2008 by title. 30 b. Resolution 97, 2008 – St. Mark’s Episcopal Church. A Resolution of the City Council of 31 the City of Palm Beach Gardens, Florida approving a fourth special event application at St. 32 Mark’s Episcopal Church for a family movie night to be held Friday, November 14, 2008, 33 from 6:00 p.m. until 10:00 p.m., generally located on the Northwest corner of Burns Road and 34 Gardens East Drive; providing an effective date; and for other purposes. 35 Vice Mayor Levy opened the public hearing. No ex parte communication was declared. 36 Kara Irwin, Growth Management Administrator, stated this is a minor application. This is St. 37 Mark’s fourth special event for the year and they are requesting approval per the City’s Code 38 requirements. 39 Councilmember Barnett stated she had no objection to this small event and asked that special 40 events be reviewed. Councilmember Russo stated this has come up before and the City 41 Council wanted the inclusion of the Chamber of Commerce. City Manager Ferris asked if 42 Council would like the involvement of the Chamber of Commerce and the PGA Corridor 43 Business Association and explained that the Chamber of Commerce now includes other 44 municipalities and has expanded from what it used to be. Vice Mayor Levy agreed with 45 having both groups. Councilmember Barnett also requested resident participation. 46 Vice Mayor Levy stated there are no public comments. 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 11•06•08 Vice Mayor Levy closed the public hearing. 1 Motion 2 Councilmember Russo made a motion for approval of Resolution 97, 2008. Councilmember 3 Barnett seconded. The motion passed unanimously, 4-0. 4 The City Clerk read Resolution 100, 2008 by title. 5 c. Resolution 100, 2008 – Development Order Amendment for Gardens Pointe. A 6 Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an 7 amendment to Resolution 76, 2007 site plan for Gardens Pointe to allow the development of a 8 175-room six (6) story hotel, a four (4) story 37,500-square-foot office building, and a one (1) 9 story 4,000-square-foot out parcel bank on a 6.64-acre site located at the Northwest corner of 10 Kyoto Gardens Drive and Fairchild Gardens Avenue within the Regional Center Development 11 of Regional Impact (DRI), as more particularly described herein; providing conditions of 12 approval; providing waivers; providing an effective date; and for other purposes. 13 Vice Mayor Levy opened the public hearing. No ex parte communication was declared. 14 John Csapo, Senior Vice President, Kolter Properties and an officer for Gardens Pointe LLC, 15 requested an extension due to difficulties getting a permit to build a bridge extension across 16 Lake Victoria. The problem is now resolved. 17 Kara Irwin, Growth Management Administrator, explained conditions to be met with a 18 completion date certain of May 6, 2009. 19 Councilmember Barnett clarified the completion date of May 6, 2009. 20 Vice Mayor Levy stated there are no public comments. Vice Mayor Levy closed the public 21 hearing and brought the Resolution 100, 2008 back to the City Council. 22 Motion 23 Councilmember Russo made a motion for approval of Resolution 100, 2008. Councilmember 24 Barnett seconded. The motion passed unanimously, 4-0. 25 Park II – Non-Quasi-judicial 26 None. 27 X. RESOLUTIONS 28 None. 29 XI. ORDINANCES 30 The City Clerk read Ordinance 28, 2008 by title. 31 a. Ordinance 28, 2008 – (1st reading) Amending the Capital Improvements Element. An 32 Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting an 33 amendment to its Comprehensive Development Plan in accordance with the mandates set 34 forth in Section 163.3177 and 163.3187, et seq., Florida Statutes, pursuant to a City-initiated 35 amendment which provides for the annual update to the five-year Capital Improvements 36 schedule within the Capital Improvements Element, including revised text necessary to update 37 tabular data in the Capital Improvements Element; providing that the text and data, as 38 amended or revised, shall be substituted for and replace the existing text or data in the Capital 39 Improvements Element; providing for transmittal to the State Land Planning Agency; 40 providing a conflicts clause, a severability clause, and authority to codify; providing an 41 effective date; and for other purposes. 42 Stephen Mayer, Senior Planner, presented the first reading of Ordinance 28, 2008. He noted 43 and explained recent changes to Florida Statute Chapter 163. Staff recommends approval of 44 Ordinance 28, 2008. 45 With no further discussion Vice Mayor Levy brought Ordinance 28, 2008 back to the City 46 Council. 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 11•06•08 Motion 1 Councilmember Barnett made a motion for approval of Ordinance 28, 2008 on first reading. 2 Councilmember Premuroso seconded. The motion passed unanimously, 4-0. 3 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 4 None. 5 XIII. CITY ATTORNEY REPORT 6 None. 7 8 9 10 11 (The remainder of this page intentionally left blank.) 12 13 14 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 11•06•08 XIV. ADJOURNAMENT 1 There being no further business to come before the Council, Councilmember Russo made a 2 motion to adjourn. Councilmember Barnett seconded. The motion carried unanimously, 4-0. 3 The meeting was adjourned at 8:05 p.m. The next regularly scheduled City Council meeting 4 will be held November 20, 2008. 5 6 APPROVED: 7 8 9 10 11 Eric Jablin, Mayor 12 13 14 15 16 David Levy, Vice Mayor 17 18 19 20 21 Joseph R. Russo, Councilmember 22 23 24 25 26 Jody Barnett, Councilmember 27 28 29 30 31 Robert G. Premuroso, Councilmember 32 33 34 35 36 ATTEST: 37 38 39 40 41 Patricia Snider, CMC 42 City Clerk 43 44 45 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 46 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 47 All referenced attachments are on file in the Office of the City Clerk. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 11•20•08 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 NOVEMBER 20, 2008 4 5 The November 20, 2008 Regular Meeting of the City Council of the City of Palm Beach 6 Gardens, Florida, was called to order at 7:05 p.m. in the Council Chambers of the Municipal 7 Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric 8 Jablin. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be in attendance: 12 Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, Councilmember 13 Jody Barnett and Councilmember Robert Premuroso. 14 III. ADDITIONS, DELETIONS, MODIFICATIONS 15 ADDITIONS 16 None. 17 DELETIONS 18 Under Public Hearing: Part I – Quasi-judicial 19 Resolution 95, 2008 – Decorators Unlimited. A Resolution of the City Council of the City of 20 Palm Beach Gardens, Florida, amending the site and sign plan approved for Lot 2 of South Park 21 Center (a.k.a. Decorator’s Unlimited); providing waivers; providing conditions of approval; 22 providing an effective date; and for other purposes. 23 The petitioner has requested a second postponement to January 2009. They are currently 24 evaluating various architectural ideas that could result in an aesthetic change to the proposed 25 ornamental tower feature. A copy of the letter from the Johnston Group has been provided for 26 each member of Council. 27 Motion 28 Councilmember Russo made a motion for approval to postpone Resolution 95, 2008. 29 Councilmember Russo seconded. The motion passed unanimously, 5-0. 30 MODIFICATIONS 31 None. 32 IV. ANNOUNCEMENTS AND PRESENTATIONS 33 a. Colleen Smith of the Florida Classical Ballet Theatre introduced the dancers from the 34 Nutcracker, which will be performing on November 28 and 30, 2008. 35 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 36 a. Councilmember Barnett wished everyone a happy Thanksgiving. The Tree Lighting is 37 December 3, 2008 and the Chanukkah party is December 22, 2008. 38 b. Vice Mayor Levy attended the Riverside Thanksgiving Gala. Councilmember Barnett and 39 Vice Mayor Levy attended the Veterans Day ceremony at Duncan Middle School. 40 c. Councilmember Russo reported on his visit to Tallahassee concerning the ethics complaint 41 filed against him by a person from another City that never attended a City Council meeting in 42 Palm Beach Gardens. Councilmember Russo cautioned other Councilmembers on the issues 43 involved and also stated he has never violated the trust of the City’s residents or anyone else. 44 Councilmember Russo explained the legal aspects surrounding the complaint. 45 d. Councilmember Premuroso thanked Councilmember Russo for his advice and stated he 46 believes Councilmember Russo has the support of many residents. 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 11•20•08 e. Mayor Jablin stated his support for Councilmember Russo. Mayor Jablin reported on 1 attending the Art in Public Places (AIPP) November 18, 2008 meeting and thanked 2 Councilmember Barnett for her suggestion to have bus stops as art. The AIPP Board considered 3 the suggestion favorably. Also discussed at the meeting was that there is no signage along I-95 or 4 Florida’s Turnpike that says, “Welcome to the City of Palm Beach Gardens.” Councilmembers 5 supported Mayor Jablin writing a letter to the Florida Department of Transportation (FDOT) 6 requesting appropriate signage. Mayor Jablin reported attending the North Palm Beach County 7 Improvement District election and offered his congratulations to the newly elected Board 8 members. 9 VI. CITY MANAGER REPORT 10 a. City Manager Ron Ferris reported meeting with Joel Channing, President of the PGA 11 Corridor Association and Nicole Christian, the new President and Chief Executive Officer 12 (CEO) of the Northern Palm Beach County Chamber of Commerce. Nicole was introduced to the 13 City Council and came to the podium to provide details on her background. Suzanne Neve, 14 Director of programs and Services, discussed the upcoming Art in the Gardens to be held at the 15 Midtown Development Complex. 16 b. Public Facilities Director Charlotte Presensky explained the recently received MacArthur 17 Foundation Grant and 50th Anniversary celebration planned events. Most events do have a 18 volunteer core group but more volunteers are welcome, and more sponsors are being sought. The 19 MacArthur Foundation Grant includes funding for a statue of John D. MacArthur, a concert 20 series and sponsorship for 50th Anniversary events. Director Presensky explained the financial 21 aspects of the MacArthur Foundation Grant, which has been reviewed by the Legal Department 22 and approved for sufficiency. The elements of the Grant were presented and the actions required 23 are: 1) accept the Grant through Council vote so they can move forward on signing the Grant 24 agreement and 2) determine the approach for the statue and the music series. The options are: 1) 25 utilize State Statute or 2) utilize past practices. 26 City Council discussed acceptance of the Grant and the events they envisioned. Director 27 Presensky explained that by the City Council signing the agreement tonight she will prepare a 28 document asking to amend the January date requirement due to the lack of time for preparation. 29 Motion 30 Vice Mayor Levy made a motion to accept the MacArthur Foundation Grant. Councilmember 31 Russo seconded. The motion passed unanimously, 5-0. 32 Mayor Jablin explained that the MacArthur Foundation has discussed the statue with an artist 33 they like, but they do not want to do the contract and they are asking the City to do so. 34 Motion 35 Vice Mayor Levy made a motion approving the choice of artist. Councilmember Barnett 36 seconded. The motion passed unanimously, 5-0. 37 Director Presensky stated that nothing further needs to be done tonight because she will contact 38 the MacArthur Foundation tomorrow to discuss options. 39 Councilmember Russo asked City Manager Ferris to provide evaluation reports on the Fire 40 Station staffing changes during the six-month trial. City Manager Ferris agreed. 41 VII. COMMENTS FROM THE PUBLIC 42 Roger Blangy, Garden Woods, Palm Beach Gardens, stated his objections to City Manager 43 Ferris’ letter regarding street resurfacing in Garden Woods. Mr. Blangy also cited issues with 44 train noise at night. 45 Steve Cohen, Palm Beach High School Foundation, Palm Beach Gardens, commended the 46 Mayor and Councilmembers on getting the MacArthur Foundation Grant. Mr. Cohen ensured 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 11•20•08 that all Councilmembers will have a written invitation to next year’s annual PGA Corridor 1 Association cocktail party for their calendar. The Eighth Annual Economic Forecast with Dr. 2 Hank Fishkind will be held on January 14, 2009. The Palm Beach Gardens Historical Society is 3 incorporated as a Florida Not For Profit Corporation and the 501(3)(c) application has been 4 submitted to the Internal Revenue Service (IRS) and is pending. 5 John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, discussed the Autism Center and 6 requested status updates. 7 Pat Hughey, Palm Beach Square, Palm Beach Gardens, discussed Council attendance. Interim 8 Attorney R. Max Lohman stated there is no attendance procedure for any elected official in the 9 State of Florida. 10 Eileen Tucker, Shady Lakes, Palm Beach Gardens, thanked Director Presensky for her efforts 11 and suggested a parade and placement of the statue near the Banya n Tree. Ms. Tucker stated her 12 objections to the Shady Lakes extension and inquired if the Palm Beach Community Church is 13 paying taxes on the rental income from the Lyric Theatre using the facility. 14 VIII. CONSENT AGENDA 15 None. 16 IX. PUBLIC HEARINGS 17 Park I –Quasi –judicial 18 Mayor Jablin announced the procedures that would be followed in tonight’s proceedings. The 19 City Clerk swore in all those intending to offer testimony in any of tonight’s public hearings. The 20 City Clerk read Resolution 95, 2008 by title. 21 a. Resolution 95, 2008 – Decorator’s Unlimited. A Resolution of the City Council of the City of 22 Palm Beach Gardens, Florida, amending the site and sign plan approved for Lot 2 of the South 23 Park Center (a.k.a. Decorator’s Unlimited); providing waivers; providing conditions of approval; 24 providing an effective date; and for other purposes. 25 The public hearing remains open from the November 6, 2008 postponement. Mayor Jablin 26 invited public comments. None were forthcoming. 27 Motion 28 Vice Mayor Levy made a motion for postponement of Resolution 95, 2008 to January 15, 2009. 29 Councilmember Russo seconded. The motion passed unanimously, 5-0. 30 The City Clerk read Resolution 103, 2008 by title. 31 b. Resolution 103, 2008 – Seacoast Utility Authority Hood Road Water Treatment Plant. A 32 Resolution of the city Council of the city of Palm Beach Gardens, Florida approving a major 33 conditional use and a site plan amendment for a utility plant on a 40-acre parcel of land, located 34 at the Southwest corner of the intersection of Hood Road and Alternate A1A, as more 35 particularly described herein, to be referred to as the “Seacoast Utility Authority Hood Road 36 Water Treatment Plant”; approving amendments to the existing site plan for the expansion of an 37 existing utility plant use, including the addition of a 40,010-square-foot membrane water 38 processing building and other minor modifications; providing conditions of approval; providing 39 an effective date; and for other purposes. 40 Mayor Jablin opened the public hearing and requested ex parte communication. Vice Mayor 41 Levy declared talking to Anne Booth and receiving e-mails which were entered into the public 42 record. No other ex parte communication was declared. 43 Anne Booth, representing Seacoast Utility Authority, described the location of the facility on the 44 site, accessory uses, proposed water retention area and the sludge pond. The construction of the 45 facility, which will be done in stages through 2012, was described. Concern for the residents was 46 a factor in the location of the membrane building. Other considerations were described. The 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 11•20•08 color of all new and existing structures will match a color palette consistent of that of Evergrene. 1 Equipment location, noise levels and odor were addressed. Landscaping and buffers were 2 described. There will be no new structures closer to The Isles than already exist. The sludge pond 3 will be eliminated through the new membrane processing system. A corridor exists along the 4 Seacoast property that has an opening in the wall that must be protected because of an exist ing 5 16-inch water main that runs to PGA Boulevard. The line has been in place for over 30 years and 6 cannot have root infiltration. The new plant will improve the water quality, consistency in 7 meeting required Federal water standards, eliminate lime sludge and meet future City 8 development needs. 9 Vice Mayor Levy inquired about reverse osmosis, which will be provided. Rim Bishop, 10 Executive Director, discussed well sites and stated less chlorine use will be required. Emergency 11 generators will be inside and surrounded by acoustical block. Vice Mayor Levy stated his 12 approval of the new facility. Councilmember Premuroso asked if there will be negative impact to 13 the surrounding neighborhoods. Rim Bishop stated that the new facility will bring significant 14 improvement. Councilmember Russo complimented the new building and facility. 15 Stephen Mayer, Growth Management Senior Planner, presented the Seacoast Utility Major 16 Conditional Use, Site Plan Amendment and that staff recommends approval. 17 Margaret Shannon, 1111 Orinoco Way, Palm Beach Gardens, Board President of The Isles 18 Homeowner Associaiton, stated she sent a letter regarding Resolution 103, 2008 and would be 19 happy to answer any questions. There were no questions and Mayor Jablin thanked her for 20 coming. 21 Interim Attorney R. Max Lohman listed letters received for entry into the record: Margaret 22 Shannon – letters dated September 22, 2008 and November 19, 2008; Martha Weber – 23 November 20, 2008. 24 Martha Weber, 1370 Saint Lawrence Drive, Palm Beach Gardens, stated she is directly affected 25 by the proposed project and listed her concerns. Anne Booth answered Ms. Weber. 26 With no further public comments, Mayor Jablin closed the public hearing. 27 Motion 28 Vice Mayor Levy made a motion for approval of Resolution 103, 2008. Councilmember Barnett 29 seconded. The motion passed unanimously, 5-0. 30 Park II – Non-Quasi-judicial 31 The City Clerk read Ordinance 28, 2008 by title. 32 a. Ordinance 28, 2008 – (2nd reading and adoption) Amending the Capital Improvements 33 Element. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting 34 an amendment to its Comprehensive Development Plan in accordance with the mandates set 35 forth in Section 163.3177 and 163.3187, et seq., Florida Statutes, pursuant to a City-initiated 36 amendment which provides for the annual update to the five-year Capital Improvements 37 schedule within the Capital Improvements Element, including revised text necessary to update 38 tabular data in the Capital Improvements Element; providing that the text and data, as amended 39 or revised, shall be substituted for and replace the existing text or data in the Capital 40 Improvements Element; providing for transmittal to the State Land Planning Agency; providing 41 a conflicts clause, a severability clause, and authority to codify; providing an effective date; and 42 for other purposes. 43 Councilmember Barnett established there were no changes between the first and second 44 readings. No presentation was required. 45 Mayor Jablin opened the public hearing. With no one wishing to be heard, the public hearing was 46 closed. 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 11•20•08 Motion 1 Vice Mayor Levy made a motion for adoption of Ordinance 28, 2008 on second reading. 2 Councilmember Barnett seconded. The motion passed unanimously, 3 5-0. 4 X. RESOLUTIONS 5 a. Resolution 99, 2008 - Contract award to Sunshine Land and Design, Inc. A Resolution of 6 the City Council of the City of Palm Beach Gardens, Florida awarding a contract to Sunshine 7 Land and Design, Inc. for the PGA National Park Multipurpose Field Improvements Project, Bid 8 No. 2008-008, in the amount of $223,498.48; authorizing the Mayor the execute the contract; 9 providing an effective date; and for other purposes. 10 Todd Engle, Construction Services Director, presented background on the project, described the 11 location and work to be completed. Staff recommends approval of Resolution 99, 2008. 12 Councilmember Russo asked about the grass to be used for the fields. Director Engle stated 13 Celebration Bermuda. 14 Motion 15 Councilmember Barnett made a motion for approval of Resolution 99, 2008. Vice Mayor Levy 16 seconded. The motion passed unanimously, 5-0. 17 XI. ORDINANCES (for Consideration on First Reading) 18 The City Clerk read Ordinance 27, 2008. 19 a. Ordinance 27, 2008 - (1st reading) 10 Year Water Facilities Work Plan. An Ordinance of 20 the City Council of the City of Palm Beach Gardens, Florida, amending its Comprehensive 21 Development Plan to adopt the City’s 10-Year Water Facilities Work Plan, in accordance with 22 the mandates set forth in Sections 163.3177 and 163.3184, et seq., Florida Statutes, providing for 23 a comprehensive update to the Future Land Use, Infrastructure, Conservation, Intergovernmental 24 Coordination and Capital Improvement Elements, affecting the pagination in each amended 25 element and including revised text necessary to update the data and analysis of the 26 comprehensive plan; providing that the text, as amended or revised, shall be substituted for and 27 replace the existing text in all amended elements; providing for transmittal to the State Land 28 Planning Agency; providing a conflicts clause, a severability clause and authority to codify; 29 providing an effective date; and for other purposes. 30 Mayor Jablin opened the public hearing. 31 Growth Management Planning Manager Nilsa Zacarias presented the 10 year water facility water 32 plan including Statute requirements, data analysis, key issues and the Comprehensive Plan 33 Amendment. 34 Vice Mayor Levy asked if there are any restrictions on development within zone 1 and zone 2 of 35 the well field protection area, specifically, can they not be allowed to have industrial use because 36 they are prohibited from having hazardous materials in those zones. Planning Manager Zacarias 37 stated the City’s Code does address restrictions. Councilmember Premuroso inquired if 38 unincorporated areas within the City are included. Planning Manager Zacarias stated future 39 annexation areas were not included but Seacoast would have to be consulted before annexation 40 could take place. 41 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, discussed different undeveloped 42 properties and the possible ramifications on water use. 43 With no further public comments, Mayor Jablin closed the public hearing. 44 Motion 45 Vice Mayor Levy made a motion for approval of Ordinance 27, 2008 on first reading. 46 Councilmember Barnett seconded. The motion passed unanimously, 5-0. 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 11•20•08 The City Clerk read Ordinance 29, 2008. 1 b. Ordinance 29, 2008 – (1st reading) Establishing a Construction Board of Adjustment. An 2 Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 2, 3 Administration, at Sections 2-145, 2-146, 2-147, and 2-148 in order to establish a Construction 4 Board of Adjustment and Appeals (CBAA) to designate the Planning, Zoning, and Appeals 5 Board as the CBAA and to clarify the process by which appeals of staff level administrative 6 decisions may be taken; providing that each and every other Section and Sub-section of Chapter 7 2, Administration, shall remain the same as previously adopted; providing a conflicts clause, a 8 severability clause, and authority to codify; providing an effective date; and for other purposes. 9 Building Services, Chief Building Official, Doug Wise presented the establishment of the 10 CBAA. The process, methodology and requirements for an engineer, division one contractor, and 11 fire safety professionals were explained. The function of the Board was explained. Staff 12 recommends approval of Ordinance 29, 2008. 13 Vice Mayor Levy asked if there is an appeal process beyond the Planning, Zoning and Appeals 14 Board (PZAB). Chief Building Official Wise explained that the State appeal process is still in 15 effect and the next venue for appeal is the Florida Building Commission. Councilmember 16 Premuroso asked if other municipalities have this type of board under the PZAB. Interim 17 Attorney R. Max Lohman stated that they do. 18 Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin closed 19 the public hearing. 20 Motion 21 Vice Mayor Levy made a motion for approval of Ordinance 29, 2008 on first reading. 22 Councilmember Barnett seconded. The motion passed unanimously, 5-0. 23 The City Clerk read Ordinance 30, 2008. 24 c. Ordinance 30, 2008 – (1st reading) Amending Chapter 78. An Ordinance of the City 25 Council of the City of Palm Beach Gardens, Florida amending Chapter 78, Land Development at 26 Section 78-49 entitled “Amendments to Approved Development Orders” at Subsection (d) by 27 repealing Subparagraph (5) and readopting same as revised in order to provide for internal 28 consistency; further amending Chapter 78 by repealing Section 78-56 entitled “Appeals and 29 Reconsideration” and readopting same, as revised in order to provide procedures by which 30 appeals from decisions of the Growth Management Director may be taken: providing that each 31 and every other Section and Sub-section of Chapter 78 Land Development shall remain the same 32 as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; 33 providing an effective date; and for other purposes. 34 Growth Management Administrator Kara Irwin explained that by amending Chapter 2, the 35 powers of the PZAB have been expanded. Establishing an appeals process is now being 36 addressed. Administrator Irwin explained the steps involved in the process. 37 Councilmember Barnett stated that the courts give twenty (20) days for response and she thinks 38 that ten (10) calendar days is too short. Interim Council R. Max Lohman said that other 39 municipalities have different lengths of time for response and the decision on length of time is up 40 to City Council. Councilmember Barnett agreed with a time limitation and suggested thirty (30) 41 days to appeal. City Manager Ferris asked if a decision is made on an administrative level by the 42 applicant who is requesting the decision, how long will they be allowed to wait. Councilmember 43 Barnett pointed out that ten (10) days would not be enough time to seek counsel. Discussion 44 ensued with agreement reached at twenty (20) days to appeal. 45 Administrator Irwin continued with her explanation of the time limits involved in the process. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 11•20•08 Councilmember Barnett inquired about further steps in the appeal process. Interim Attorney R. 1 Max Lohman explained that if the resident does not respond the only other step would be a 2 declaratory action. Councilmember Barnett suggested having a means of immediate notification 3 of the process to the resident at the PZAB hearing. Interim Attorney R. Max Lohman explained 4 that this is not an appeals process for PZAB. PZAB will hear the appeal based on a decision 5 made by the Growth Management Director. City Manager Ferris stated that as a part of the 6 standard operating procedure when the decision is rendered in writing a statement will be mailed 7 notifying the person about the appeal process. Agreement was reached among Councilmembers. 8 Mayor Jablin opened the public hearing. With no one wishing to be heard, Mayor Jablin closed 9 the public hearing. 10 Motion 11 Vice Mayor Levy made a motion for approval of Ordinance 30, 2008 on first reading. 12 Councilmember Barnett seconded. The motion passed unanimously, 5-0. 13 The City Clerk read Ordinance 31, 2008. 14 d. Ordinance 31, 2008 – (1st reading) Florida building codes and unsafe building codes. An 15 Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 86, 16 entitled “Buildings and Building Regulations” at Section 86-26 of the City Code of Ordinances 17 to provide local amendments to the Florida Building Code related to Administration and to Wind 18 Loads; further amending Chapter 86 by adopting new Section 86-29, entitled “Hurricane 19 Shutters” and adopting new Section 86-30, entitled “Maximum Occupancy”; repealing Article 20 III, entitled “Storage of Building Material and Equipment,” Article IV, entitled “Structures Used 21 As Models,” and Article V, entitled “Swimming Pools”; providing a conflicts clause, a 22 severability clause, and authority to codify; providing an effective date; and for other purposes. 23 Chief Building Official Doug Wise explained the administrative tools proposed to enforce the 24 Florida Building Codes consistently, clarify requirements by adding clear definitions and 25 establish ethical guidelines for division staff. It is based on statutory authority. The effects of the 26 Ordinance are to create an unsafe building abatement process, adopt provisions of the 27 International Code Congress International Maintenance Code. Staff recommends approval or 28 Ordinance 31, 2008. 29 Councilmember Barnett requested a change to page 509, Section 86-30 – Maximum Occupancy 30 following “regulations are minimum standard set forth in the Florida Building Code. In the event 31 of a conflict between this section and the Florida Building Code” by adding the words “or any 32 other section of the Palm Beach Gardens City Code the most restrictive provision shall control.” 33 Mayor Jablin opened the public hearing. 34 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, asked if the maximum 35 occupancy refers to unrelated people living in a unit. Interim Attorney R. Max Lohman 36 explained the specifications of square feet to occupancy and the number of sleeping rooms. 37 Councilmember Barnett requested Interim Attorney Lohman provide language using the term 38 “sleeping rooms.” 39 Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, asked if this Ordinance will 40 strengthen the City’s ability to go into foreclosed houses for safety issues. Mayor Jablin and 41 Doug Wise said that Ordinance 31, 2008 will allow that. 42 Mayor Jablin closed the public hearing. 43 Motion 44 Vice Mayor Levy made a motion to approve Ordinance 31, 2008 on first reading. 45 Councilmember Barnett seconded. The motion passed unanimously, 46 5-0. 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 8 11•20•08 The City Clerk read Ordinance 32, 2008. 1 e. Ordinance 32, 2008 – (1st reading) Post Disaster Debris. An Ordinance of the City Council 2 of the City of Palm Beach Gardens, Florida amending Chapter 54, Solid Waste, at Article I, in 3 general, by amending Section 54-1, Definitions, by adopting the new definition “Post Disaster 4 Debris”; further amending Chapter 54 at Article III, Collection, by adopting an entirely new 5 Section 54-63, entitled “Post-Disaster Debris Collection”, in order to provide for implementation 6 of the City’s Comprehensive Emergency Management Plan (CEMP); further providing for 7 declaration of findings and intent; providing that every other Section and Sub-Section of Chapter 8 54, Solid Waste shall remain the same as previously adopted; providing a conflicts clause, a 9 severability clause, and authority to codify; providing an effective date and for other purposes. 10 Code Enforcement Operations Director David Reyes explained the purpose of the Ordinance and 11 the relationship to the Federal Emergency Management Agency (FEMA) policies for debris 12 collection on private roads and reimbursement. Staff recommends approval of Ordinance 32, 13 2008. 14 Councilmember Russo stated his support for Ordinance 32, 2008. Councilmember Premuroso 15 inquired if some private communities took care of their own debris removal. Mayor Jablin 16 explained that some did by bringing their debris to a specific location and the City picking it up 17 there. 18 Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, explained that some associations 19 paid their landscape companies to remove debris. 20 Mayor Jablin opened the public hearing. 21 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, explained the debris pickup 22 following the hurricanes by The Isles. 23 Mayor Jablin closed the public hearing. 24 Motion 25 Vice Mayor Levy made a motion to approve Ordinance 32, 2008 on first reading. 26 Councilmember Barnett seconded. The motion passed unanimously, 5-0. 27 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 28 a. January 1, 2009 Council meeting. Councilmember Barnett suggested that January 29, 2008 29 is available if a second City Council meeting needs to be held. City Manager Ferris stated he 30 expects a light agenda for the January 15, 2009 meeting and explained that the Charter requires 31 the City Council hold one meeting per month, not two. 32 Motion 33 Vice Mayor Levy made a motion to cancel the scheduled January 1, 2009 City Council meeting. 34 Councilmember Barnett seconded. The motion passed unanimously, 5-0. 35 b. Membership to the Historical Society. Councilmember Premuroso stated his support for a 36 $500.00 membership donation. City Manager Ferris stated the donation is legal and there is a 37 line item in the budget. Discussion ensued. Mayor Jablin stated he does not consider the Palm 38 Beach Gardens Historical Society as a charity, but as a living history of the City. City Manager 39 Ferris explained the budget money available. Public Works Director Charlotte Presensky 40 explained the background of archiving and preserving the City’s documents and how the 41 volunteer group has evolved into the newly formed Palm Beach Gardens Historical Society. 42 Discussion ensued about how other city historical societies function. Councilmembers agreed to 43 postpone a decision and invite the Palm Beach Gardens Historical Society to the December 4, 44 2008 City Council meeting for a discussion. 45 c. Economic Development and Transportation. Growth Management Planning Manager Nilsa 46 Zacarias presented economic development and mass transit planning options for the future as 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 9 11•20•08 submitted to the Department of Community Affairs (DCA) in the Comprehensive Plan. The 1 benefits of Tri-Rail and bioscience clusters were discussed. Dana Little , Urban Design Director 2 for the Treasure Coast Regional Planning Agency and Kim Delaney, Growth Management 3 Coordinator for the Treasure Coast Regional Planning Agency. Dana Little discussed the Florida 4 East Coast Corridor Study including re-establishing passenger rail service by extending Tri-Rail 5 into North County. Dana Little explained the week-long Charrette he is proposing and the 6 resulting report. Planning Manager Zacarias explained the requirements for the proposed 7 February 2009 Charrette including a two-member steering committee. Councilmember Barnett 8 questioned if this has already been agreed to. Councilmember Russo stated that all of this ground 9 work had already been done with Parcel 5B being chosen. Planning Manager Zacarias explained 10 that sites are being looked at. The cost of the Charrette is $190,000.00, with the Metropolitan 11 Planning Organization (MPO) paying $50,000.00, The Regional Transit Authority (RTA) paying 12 $40,000.00, and FDOT paying $50,000.00 leaving Palm Beach Gardens to contribute $30,000.00 13 along with an additional $10,000 of in-kind services. This process is not required to file for 14 Federal funds. Councilmember Barnett stated her objections to going through this process again. 15 Councilmember Russo reiterated his objections. Planning Manager Zacarias discussed 16 connectivity and aesthetics of the site. Mayor Jablin stated his concern that Daniel Catalfumo 17 will try to move 5B to 5A. Growth Management Administrator Kara Irwin reiterated the 18 proposed meeting is an opportunity for Palm Beach Gardens residents to be heard regarding their 19 preference for using parcel 5B. Vice Mayor Levy stated his concern that the State will not have 20 the 25 percent funding to contribute. Councilmembers Barnett and Russo both stated their 21 objections. Mayor Jablin stated his support. Vice Mayor Levy questioned the need for a week 22 long charrette. Planning Manager Zacarias explained the week’s activities. City Manager Ferris 23 stated issues to be considered. Dana Little stated that it was not necessary to make a decision 24 tonight. Planning Manager Zacarias stated that $30,000.00 is not too much for the information 25 that will be gained. Councilmember Premuroso asked if it is possible to advertise to raise 26 resident awareness and interest. Growth Management Administrator stated the aim was to hold 27 the Charrette during season so more people could participate. Vice Mayor Levy asked if an 28 intermobile system and its funding will be addressed, including the possibility of special taxing 29 districts will be included. Dana Little stated that it will be. Mayor Jablin stated that a decision 30 will be made at the December 4, 2008 City Council meeting. 31 XIII. CITY ATTORNEY REPORT 32 None. 33 34 35 36 37 (The remainder of this page intentionally left blank.) 38 39 40 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 10 11•20•08 XIV. ADJOURNAMENT 1 There being no further business to come before the Council, Vice Mayor Levy made a motion to 2 adjourn. Councilmember Barnett seconded. The motion carried unanimously, 5-0. The meeting 3 was adjourned at 11:02 p.m. The next regularly scheduled City Council meeting will be held 4 December 4, 2008. 5 6 APPROVED: 7 8 9 10 11 Eric Jablin, Mayor 12 13 14 15 16 David Levy, Vice Mayor 17 18 19 20 21 Joseph R. Russo, Councilmember 22 23 24 25 26 Jody Barnett, Councilmember 27 28 29 30 31 Robert G. Premuroso, Councilmember 32 33 34 35 36 ATTEST: 37 38 39 40 41 Patricia Snider, CMC 42 City Clerk 43 44 45 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 46 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 47 All referenced attachments are on file in the Office of the City Clerk. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 12•04•08 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 DECEMBER 4, 2008 4 5 The December 4, 2008 Regular Meeting of the City Council of the City of Palm Beach 6 Gardens, Florida, was called to order at 7:03 p.m. in the Council Chambers of the Municipal 7 Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric 8 Jablin. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be in 12 attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, 13 Councilmember Jody Barnett and Councilmember Robert Premuroso. 14 III. ADDITIONS, DELETIONS, MODIFICATIONS 15 ADDITIONS 16 a. Palm Beach Gardens Historical Society. 17 b. District Park. 18 c. Economic Development and Transportation. 19 Motion 20 Councilmember Russo made a motion for approval of the additions to the agenda. Vice 21 Mayor Levy seconded. Councilmember Russo requested confirmation that the District Park 22 discussion tonight is about land use and not the purchase of the park. Mayor Jablin stat ed that 23 Councilmember Russo is correct, but he sees no harm in hearing discussion. The motion 24 passed unanimously, 5-0. 25 DELETIONS 26 None. 27 MODIFICATIONS 28 None. 29 IV. ANNOUNCEMENTS AND PRESENTATIONS 30 a. Palm Beach Gardens Historical Society – Don Kiselewski explained the purpose of the 31 Historical Society is to collect and share the history of the City. A 501(c) 3 has been filed with 32 the Internal Revenue Service. The Society hopes to find a facility where a museum can be 33 developed. Councilmember Barnett asked that the Society not use the City seal as their logo 34 and explained she did not want confusion because it is an organization independent of the 35 City. Councilmember Russo, Vice Mayor Levy and Mayor Jablin stated they did not object to 36 the use of the seal. City Manager Ron Ferris suggested the title “Palm Beach Gardens 37 Historical Society a Not For Profit 501(c)3 Organization.” Don Kiselewski stated the logo can 38 be changed and suggested discussing it with the Historical Society Board for resolution. Vice 39 Mayor Levy spoke in favor of the City joining and supporting the Historical Society. 40 Councilmember Barnett stated her concern for spending money for membership in this tight 41 budgetary year. Councilmember Premuroso supported a $500.00 membership. 42 Councilmember Russo also supported membership. 43 Motion 44 Councilmember Premuroso made a motion for approval of a $500.00 membership for the City 45 to the Palm Beach Gardens Historical Society. Councilmember Russo seconded. The motion 46 passed unanimously, 5-0. 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 12•04•08 Councilmember Premuroso asked if it would be possible to add Historical Society 1 information to the City website. City Manager Ferris stated he would review the policy and 2 provide an answer. 3 b. District Park – Growth Management Administrator Kara Irwin discussed the land use 4 categories, zoning, possible uses and future demands. The level of service (LOS) for parks 5 and the potential demands will be reviewed in 2009. 6 Tim Frohling, 152 Euphrates Circle, Palm Beach Gardens, described the benefits of the 7 existing parks and playing fields in Palm Beach Gardens and requested support for the 8 District Park. 9 Tory Buckley, 44 Daffodil Circle South, Palm Beach Gardens, stated his support and 10 participation in the City’s parks system and requested City Council support the purchase of 11 the District Park from Palm Beach County. 12 Councilmember Russo stated his concern for the current economic recession and the 13 residents’ refusal to cut Police or Fire services. Councilmember Russo requested a future 14 discussion from staff regarding park and field use being maxed out, what can be done and the 15 population trends. Vice Mayor Levy explained facility restrictions he has experienced and 16 stated his support of the purchase of the District Park. Councilmember Russo stated the 17 original concept of the District Park was to keep it as a passive park for 20 years. 18 Councilmember Barnett stated her initial thought was to have the District Park as a passive 19 park and she does not want to lose the opportunity for the City to get the tract. 20 Councilmember Barnett would like to have the zoning as recreation open space because 21 conditional uses could still be chosen and it would be protected as a park. Mayor Jablin 22 suggested public institutional zoning. Vice Mayor Levy agreed that the zoning should be 23 recreation open space with a land use category of public institutional. Mayor Jablin stated the 24 County will have restrictions. Councilmember Premuroso stated he is in favor of purchasing 25 the land and recreation open space zoning, but thinks development will be at least a decade 26 away. Administrator Irwin explained that land use is the base and recreation open space is 27 being considered. The land use determines the zoning, and the zoning determines the uses that 28 can be on the land. The school for autistic students would be allowed. Councilmember Barnett 29 stated she believes a determination for use cannot be made until the land has been purchased. 30 Vice Mayor Levy stated that if all the other criteria were in place for land use and zoning, he 31 would be in favor of allowing the school. Mayor Jablin stated he will endeavor to buy the land 32 for City because he believes it is the right thing to do. City Manager Ferris clarified that no 33 steps will be taken until the City Council decides to buy the District Park property. 34 c. Economic Development and Transportation – Growth Management Planning Manager 35 Nilsa Zacarias discussed past Charettes, questions to be discussed, presented key initiatives 36 for economic development, transportation and the involvement of other agencies. The 37 February Charette is planned so seasonal residents can participate. 38 Mayor Jablin invited public comments. 39 Steve Matheson, 5606 PGA Boulevard, Palm Beach Gardens, PGA Corridor Association vice 40 chair, announced the 20th anniversary of The Gardens Mall, and that outdoor seating, sign 41 regulations and height regulations are important issues. The PGA Corridor Association 42 supports a well thought out transit system which is important to attracting businesses to the 43 City. 44 Vice Mayor Levy stated his concerns regarding the implementation of the program. Planning 45 Manager Zacarias explained how the funding process will work. City Manager Ferris stated 46 that when funding is available from the State the municipalities that are ready will get the 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 12•04•08 money. Councilmember Russo stated he does not know why Tri-Rail did not come to North 1 Palm Beach County in the beginning, but he does not want Palm Beach Gardens to be the 2 reason that North Palm Beach County doesn’t get it. Councilmember Barnett agreed with 3 Councilmember Russo and included that what is best for the City comes first. City Manager 4 Ferris stated the Charette committee members will have a training session with staff to help 5 them be effective. Councilmember Premuroso stated his concern that Tri-Rail will never make 6 enough money to justify the cost. 7 Joan Elias, 1007 Diamond Head Way, Palm Beach Gardens, discussed her interest and 8 support of the Tri-Rail system and offered to serve on the committee. 9 Vice Mayor Levy asked if the data gathered from the Charette will have an expiration date. 10 Administrator Irwin explained the data can be made part of the Comprehensive Plan and can 11 be updated. Planning Manager Zacarias explained the importance of the data gathered at the 12 Charette. 13 Motion 14 Councilmember Russo made a motion for approval of the Charette. Vice Mayor Levy 15 seconded. The motion passed, 4-1, with Councilmember Premuroso dissenting. 16 Councilmember Russo stated that Palm Beach Gardens contribute no more than $30,000.00. 17 Administrator Irwin explained the committee appointees can be residents or business people 18 but not be advisory board members or elected officials. Names will be presented at the 19 December 18, 2008 City Council meeting. 20 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 21 a. Councilmember Premuroso attended the Big Heart Brigade and was impressed with the 22 process. The tree lighting was a wonderful celebration. 23 b. Councilmember Russo thanked Christ Fellowship congregation for the efforts with the 24 Big Heart Brigade. He also noted that he will attend a 20th anniversary celebration of The 25 Gardens Mall this upcoming weekend. 26 c. Vice Mayor Levy reported on attending the Palm Beach County League of Cities board 27 of directors meeting. Vice Mayor Levy has been appointed to the new Countywide Water 28 Task Force, which has been formed to review the current water policy. 29 d. Councilmember Barnett stated the seal of the City is not currently registered by 30 Ordinance and asked for the seal to be adopted as part of the 50th anniversary celebration. 31 Interim Attorney R. Max Lohman suggested the City logo and seal should be adopted and 32 registered with the Secretary of State of Florida to protect their use by others without 33 permission. Mayor Jablin suggested that Ordinance 1, 2009 adopt the City’s seal and crest as 34 the official seal. Councilmember Barnett announced the passing of a Palm Beach Gardens 35 resident in an accident on PGA Boulevard, and asked everyone to be cautious on the roads. 36 e. Mayor Jablin complimented the current issue of Signature City magazine, stated the tree 37 lighting was beautiful and thanked City employees for their work. On November 21, 2008 in 38 Orlando the Florida League of Cities held its annual Florida Cities Excellence Awards 39 program where Trila White, Royal Palm Beach Village Attorney was selected as the 2008 40 City Attorney of the Year. Mayor Jablin asked Interim Attorney Lohman to convey the City’s 41 congratulations. 42 VI. CITY MANAGER REPORT 43 a. City Manager Ron Ferris introduced Tom DeRita. Mr. DeRita described the growth of 44 the Big Heart Brigade and the process involved in meal preparation. A video of the event was 45 shown under Item XII. Items for Council Action/Discussion. 46 VII. COMMENTS FROM THE PUBLIC 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 12•04•08 None. 1 VIII. CONSENT AGENDA 2 a. Approve Minutes from October 2, 2008 regular City Council meeting. 3 b. Resolution 101, 2008 – Village Square Plat III. A Resolution of the City Council of the 4 City of Palm Beach Gardens, Florida approving the Village Square Plat No. 3; providing an 5 effective date; and for other purposes. 6 Motion 7 Vice Mayor Levy made a motion for approval of the Consent Agenda. Councilmember 8 Barnett seconded. The motion passed unanimously, 5-0. 9 IX. PUBLIC HEARINGS 10 Park I –Quasi –judicial 11 Park II – Non-Quasi-judicial 12 The City Clerk read Ordinance 12, 2008 by title. 13 a. Ordinance 12, 2008 – (2nd reading and adoption) Land Use Designation of the 14 Loxahatchee Slough and Sandhill Crane. An Ordinance of the City Council of the City of 15 Palm Beach Gardens, Florida adopting a large scale amendment to its Comprehensive 16 Development Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, 17 specifically Section 163.3184, et seq., Florida Statutes, pursuant to City-initiated application 18 no. CPMA-08-04-000008, which provides for an amendment to the City's Future Land Use 19 Map designating fourteen (14) parcels of real property comprising approximately two 20 thousand twenty-four (2,024+) acres, more or less, in size as “Cons - Conservation”; such 21 parcels of land are located North of Beeline Highway and PGA Boulevard, informally known 22 as the “Loxahatchee Slough and Sandhill Crane Natural Areas”; providing for compliance 23 with all requirements of Chapter 163, Florida Statutes; providing for transmittal to the State 24 Land Planning Agency; providing a conflicts clause, a severability clause and authority to 25 codify; providing an effective date; and for other purposes. 26 The City Clerk stated there was a sign-in sheet available at the front table for anyone wishing 27 to receive information. 28 Growth Management Senior Planner Stephen Mayer noted an objection with 29 recommendations and comments letter was received from the Department of Community 30 Affairs (DCA) and it had no comments. 31 Motion 32 Vice Mayor Levy made a motion for adoption of Ordinance 12, 2008 on second reading. 33 Councilmember Barnett seconded. The motion passed unanimously, 34 5-0. 35 The City Clerk read Ordinance 29, 2008 by title. 36 b. Ordinance 29, 2008 – (2nd reading and adoption) Establishing a Construction Board of 37 Adjustment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 38 amending Chapter 2, Administration, at Sections 2-145, 2-146, 2-147, and 2-148 in order to 39 establish a Construction Board of Adjustment and Appeals (CBAA) to designate the Planning, 40 Zoning, and Appeals Board as the CBAA and to clarify the process by which appeals of staff 41 level administrative decisions may be taken; providing that each and every other Section and 42 Sub-section of Chapter 2, Administration, shall remain the same as previously adopted; 43 providing a conflicts clause, a severability clause, and authority to codify; providing an 44 effective date; and for other purposes. 45 There were no changes to Ordinance 29, 2998. 46 Motion 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 12•04•08 Vice Mayor Levy made a motion for adoption of Ordinance 29, 2008 on second reading. 1 Councilmember Barnett seconded. The motion passed unanimously, 2 5-0. 3 The City Clerk read Ordinance 30, 2008 by title. 4 c. Ordinance 30, 2008 - (2nd reading and adoption) Amending Chapter 78. An Ordinance 5 of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78, Land 6 Development at Section 78-49 entitled “Amendments to Approved Development Orders” at 7 Subsection (d) by repealing Subparagraph (5) and readopting same as revised in order to 8 provide for internal consistency; further amending Chapter 78 by repealing Section 78-56 9 entitled “Appeals and Reconsideration” and readopting same, as revised in order to provide 10 procedures by which appeals from decisions of the Growth Management Director may be 11 taken: providing that each and every other Section and Sub-section of Chapter 78 Land 12 Development shall remain the same as previously adopted; providing a conflicts clause, a 13 severability clause, and authority to codify; providing an effective date; and for other 14 purposes. 15 Growth Management Administrator Kara Irwin noted the change to twenty (20) days as 16 requested. 17 Motion 18 Vice Mayor Levy made a motion for adoption of Ordinance 30, 2008 on second reading. 19 Councilmember Barnett seconded. The motion passed unanimously, 20 5-0. 21 The City Clerk read Ordinance 31, 2008 by title. 22 d. Ordinance 31, 2008 - (2nd reading and adoption) Florida building codes and unsafe 23 building codes. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 24 amending Chapter 86, entitled “Buildings and Building Regulations” at Section 86-26 of the 25 City Code of Ordinances to provide local amendments to the Florida Building Code related to 26 Administration and to Wind Loads; further amending Chapter 86 by adopting new Section 86-27 29, entitled “Hurricane Shutters” and adopting new Section 86-30, entitled “Maximum 28 Occupancy”; repealing Article III, entitled “Storage of Building Material and Equipment,” 29 Article IV, entitled “Structures Used As Models,” and Article V, entitled “Swimming Pools”; 30 providing a conflicts clause, a severability clause, and authority to codify; providing an 31 effective date; and for other purposes. 32 Changes requested by City Council have been made. 33 Motion 34 Vice Mayor Levy made a motion for adoption of Ordinance 31, 2008 on second reading. 35 Councilmember Barnett seconded. The motion passed unanimously, 36 5-0. 37 The City Clerk read Ordinance 32, 2008 by title. 38 e. Ordinance 32, 2008 – (2nd reading and adoption) Post Disaster Debris. An Ordinance of 39 the City Council of the City of Palm Beach Gardens, Florida amending Chapter 54, Solid 40 Waste, at Article I, in general, by amending Section 54-1, Definitions, by adopting the new 41 definition “Post Disaster Debris”; further amending Chapter 54 at Article III, Collection, by 42 adopting an entirely new Section 54-63, entitled “Post-Disaster Debris Collection”, in order to 43 provide for implementation of the City’s Comprehensive Emergency Management Plan 44 (CEMP); further providing for declaration of findings and intent; providing that every other 45 Section and Sub-Section of Chapter 54, Solid Waste shall remain the same as previously 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 12•04•08 adopted; providing a conflicts clause, a severability clause, and authority to codify; providing 1 an effective date and for other purposes. 2 There were no changes to Ordinance 32, 2008. 3 Motion 4 Vice Mayor Levy made a motion for adoption of Ordinance 32, 2008 on second reading. 5 Councilmember Barnett seconded. The motion passed unanimously, 6 5-0. 7 X. RESOLUTIONS 8 None. 9 XI. ORDINANCES (for Consideration on First Reading) 10 None. 11 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 12 a. District Park. Moved to Announcements/Presentations as new item b. 13 b. Proposed Ordinance to amend the composition of the City’s Boards and Committees. 14 Mayor Jablin stated he would like to see the reduction on board and committee membership 15 done through attrition. Councilmember Barnett stated the Community Aesthetics Board 16 (CAB) agreed with membership reduction through attrition. Interim City Attorney R. Max 17 Lohman stated he will prepare language reflecting the change. Interim Attorney Lohman also 18 stated that the board names have been added. Councilmember Barnett requested the changes 19 be reflected in the Ordinance. First reading of the Ordinance will take place in January. 20 Councilmember Barnett inquired about the status of the 50th Anniversary grant money. City 21 Manager Ferris stated he will send out a memorandum regarding the grant next week. 22 A video of the Big Heart Brigade was shown and Mayor Jablin thanked Tom DeRita. 23 XIII. CITY ATTORNEY REPORT 24 None. 25 26 27 28 29 (The remainder of this page intentionally left blank.) 30 31 32 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 12•04•08 XIV. ADJOURNAMENT 1 There being no further business to come before the Council, Councilmember Russo made a 2 motion to adjourn. Vice Mayor Levy seconded. The motion carried unanimously, 5-0. The 3 meeting was adjourned at 9:20 p.m. The next regularly scheduled City Council meeting will 4 be held December 18, 2008. 5 6 APPROVED: 7 8 9 10 11 Eric Jablin, Mayor 12 13 14 15 16 David Levy, Vice Mayor 17 18 19 20 21 Joseph R. Russo, Councilmember 22 23 24 25 26 Jody Barnett, Councilmember 27 28 29 30 31 Robert G. Premuroso, Councilmember 32 33 34 35 36 ATTEST: 37 38 39 40 41 Patricia Snider, CMC 42 City Clerk 43 44 45 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 46 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 47 All referenced attachments are on file in the Office of the City Clerk. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 12•18•08 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 DECEMBER 18, 2008 4 5 The December 18, 2008 Regular Meeting of the City Council of the City of Palm Beach 6 Gardens, Florida, was called to order at 7:00 p.m. in the Council Chambers of the Municipal 7 Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric 8 Jablin. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be in 12 attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, 13 Councilmember Jody Barnett and Councilmember Robert Premuroso. 14 III. ADDITIONS, DELETIONS, MODIFICATIONS 15 ADDITIONS 16 Resolution 109, 2008 – Art Purchase Agreement with the Frudakis Studio for the MacArthur 17 Statue to be added under Resolutions as Item e. A copy of the Resolution was provided to 18 each Councilmember. 19 Motion 20 Vice Mayor Levy made a motion for approval of the additions. Councilmember Russo 21 seconded. The motion passed unanimously, 5-0. 22 DELETIONS 23 None. 24 MODIFICATIONS 25 None. 26 IV. ANNOUNCEMENTS AND PRESENTATIONS 27 a. Palm Beach Gardens Medical Center CEO David Petit donated $25,000 to Palm Beach 28 Gardens Emergency Medical Services (EMS), Division Chief Keith Bryer accepted the 29 donation. 30 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 31 a. Appointment to the Economic Development and Mass Transit Charette Steering 32 Committee. Mayor Jablin submitted: 1) Joan Elias, 2) Dan Clark, 3) Joan Altwater; 33 Councilmember Premuroso submitted: 1) Tom Cairnes, 2) Phillip Woodall; Councilmember 34 Russo submitted: 1) Terence Brady, 2) John Chaplik (will contact to determine his interest); 35 Vice Mayor Levy submitted: 1) Joel Levine, 2) Ed Gruvan; Councilmember Barnett 36 submitted: 1) Donna Brosmer, 2) Michael Lane. It was determined that Terence Brady is 37 ineligible to serve because he serves as Vice Chair of the Community Aesthetics Board 38 (CAB). Growth Management Planning Manager Nilsa Zacharias stated she will compile a list 39 and provide a copy to each Councilmember. 40 b. Councilmember Barnett wished everyone a Happy Chanukah, Merry Christmas and 41 Happy New Year. 42 c. Vice Mayor Levy wished all a happy winter solstice. Attended the Regional Hazardous 43 Materials Oversight Committee and the Interlocal Agreement has been signed and the 44 payments have been issued. 45 d. Councilmember Russo wished everyone a happy holiday season. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 12•18•08 e. Councilmember Premuroso thanked staff and the children of Christ Fellowship for their 1 effort for the Christmas Celebration. 2 f. Mayor Jablin reported attending the Seniors’ Lunch at Frenchmans’ Reserve and played 3 on the BallenIsles East Golf Course. 4 VI. CITY MANAGER REPORT 5 a. Councilmember Jody Barnett questioned the status of the 50th Anniversary 6 memorandum that was to have been issued. City Manager Ferris stated a short memorandum 7 from Community Services had been sent out last week explaining there were three events by 8 contract that are required. Assistant City Manager, Operations, Jack Doughney explained the 9 three events will be broken up and a Request for Proposal (RFP) should be issued by 10 December 29, 2008. Councilmember Russo stated he wanted to have one major event when 11 the seasonal residents are here. Discussion ensued regarding the time and type of events. 12 Councilmember Russo explained the Winter Garden Festival concept. Councilmember 13 Barnett inquired about the status of sponsors. Councilmember Russo stated he still hopes to 14 have a major event in November 2009. Vice Mayor Levy suggested the November event be 15 the grand finale for the anniversary celebration. 16 b. Councilmember Barnett inquired about the status of the RPF for attorney services. City 17 Manager Ferris stated he would provide a copy by Monday (December 22, 2008). 18 c. Councilmember Barnett inquired about the status of the proposal for an Investment 19 Management Services person. Mayor Jablin stated it will be explained in Ordinance 34, 2008. 20 d. Councilmember Barnett asked when special events will be discussed and suggested a 21 workshop in early 2009. 22 VII. COMMENTS FROM THE PUBLIC 23 Don Hearing, PGA Corridor Association, wished everyone happy holidays and thanked City 24 Council for its continued interested in the growth of local business. Mr. Hearing announced 25 the PGA Corridor 8th Annual Economic Forecast Update with Dr. Henry Fishkind. Breakfast 26 will be held on Wednesday, January 14, 2009, 7:30 a.m. at the PGA Marriott. 27 Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, wished everyone happy holidays 28 from the Community Awareness Network (CAN). 29 VIII. CONSENT AGENDA 30 a. Approve Minutes from October 16, 2008 regular City Council meeting. 31 b. Resolution 106, 2008 – Interlocal Agreement with Palm Beach County. A Resolution of 32 the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal 33 Agreement with Palm Beach County to provide swim lessons as part of the Drowning 34 Prevention Coalition’s learn to swim program; providing an effective date; and for other 35 purposes. 36 c. Proclamation – Marian and Irving Wiseman recipients of the Jewish Theological 37 Seminary Eternal Light Award 38 Motion 39 Councilmember Russo mad a motion for approval of the Consent Agenda. Vice Mayor Levy. 40 The motion passed unanimously, 5-0. 41 IX. PUBLIC HEARINGS 42 Park I –Quasi –judicial 43 None. 44 Park II – Non-Quasi-judicial 45 The City Clerk read Ordinance 14, 2008 by title. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 12•18•08 a. Ordinance 14, 2008 – (2nd reading and adoption) Transmittal and Adoption of Text 1 Amendments. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 2 amending its comprehensive development plan to adopt Evaluation and Appraisal (“EAR”) 3 based amendments pursuant to Section 163.3191, Florida Statutes, which provides for a 4 comprehensive update to all elements, affecting the pagination in each amended element and 5 including revised text necessary to update the data and analysis of the comprehensive plan; 6 providing that the text, as amended or revised, shall be substituted for and replace in full the 7 existing text in all amended elements; providing for transmittal to the State Land Planning 8 Agency; providing a conflicts clause, a severability clause and authority to codify; providing 9 an effective date; and for other purposes. 10 The City Clerk stated there was a sign in sheet available at the front table for anyone wishing 11 to receive additional information. 12 Mayor Jablin opened the public hearing. 13 Growth Management Planning Manager Nilsa Zacarias explained the Ten-Year Water Supply 14 Plan was submitted to the Department of Community Affairs (DCA) on November 24, 2008 15 and we are in compliance. The adoption of a Water Concurrency Policy is now in the 16 Comprehensive Plan. 17 Mayor Jablin opened the public hearing. With no one wishing to speak, Mayor Jablin closed 18 the public hearing. 19 Motion 20 Vice Mayor Levy made a motion for adoption of Ordinance 14, 2008 on second reading. 21 Councilmember Barnett seconded. The motion passed unanimously, 22 5-0. 23 The City Clerk read Ordinance 33, 2008 by title. 24 a. Ordinance 33, 2008 – (1st reading) FY 2008 Budget Amendment. An Ordinance of the 25 City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach 26 Gardens’ budget for the Fiscal Year beginning October 1, 2007, and ending September 30, 27 2008, inclusive; providing a conflicts clause, a severability clause and authority to codify; 28 providing an effective date; and for other purposes. 29 Mayor Jablin opened the public hearing. 30 Finance Administrator Allan Owens explained that both of tonight’s amendments are standard 31 operating procedure for the end of the year 2008 budget. The purpose is to ensure the City is 32 within legal compliance. Administrator Owens summarized the general fund budget 33 variances. Staff recommends approval or Ordinance 33, 2008 on first reading. 34 Councilmember Barnett inquired about the Fire/EMS overtime of $315,000.00. Administrator 35 Owen explained that the amount is over the 2007 budget. 36 Vice Mayor Levy clarified that the fire trucks purchased for $918,000.00 were purchased at 37 2006 prices. 38 With no one wishing to be heard, Mayor Jablin closed the public hearing. 39 Motion 40 Vice Mayor Levy made a motion for approval of Ordinance 33, 2008 on first reading. 41 Councilmember Russo seconded the motion and thanked staff for the careful budget 42 management. The motion passed unanimously, 5-0. 43 The City Clerk read Ordinance 34, 2008 by title. 44 b. Ordinance 34, 2008 – (1st reading) FY 2009 Budget Amendment. An Ordinance of the 45 City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach 46 Gardens’ budget for the Fiscal Year beginning October 1, 2008, and ending September 30, 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 12•18•08 2009, inclusive; providing a conflicts clause, a severability clause and authority to codify; 1 providing an effective date; and for other purposes. 2 Mayor opened the public hearing. 3 Finance Administrator Allan Owens explained that the recent ratings downgrade of the Series 4 2003 Bond Issue insurer, Ambac, required the City to replace the Debt Service Reserve 5 insurance with either a AAA rated insurance policy or Letter of Credit, or deposit $2,395,707 6 into the Debt Service Reserve account. Administrator Owens explained that after 7 consultation with the Bond Counsel and Financial Advisor that were used for the Series 2003 8 bond issue, it was decided that the most cost effective option was to transfer the required 9 amount from Undesignated Reserves to the Series 2003 Debt Service Reserve fund. 10 Councilmember Barnett questioned the requirement to make this transfer. Administrator 11 Owens cited Section 7 (c) of Resolution 174, 2003, which sets forth the required action if the 12 rating of the surety bond insurer falls below the second highest category of any rating agency. 13 Considerable discussion ensued, with Councilmember Premuroso noting that if the City did 14 not take this action, it would be a default situation. Administrator Owens concurred with 15 Councilmember Premuroso, and discussion then turned to the recent RFP for investment 16 advisory services. 17 With no one wishing to be heard, Mayor Jablin closed the public hearing. 18 Motion 19 Vice Mayor Levy made a motion for approval of Ordinance 34, 2008 on first reading. 20 Councilmember Premuroso seconded. The motion passed 4-1, 21 with Councilmember Barnett dissenting. 22 X. RESOLUTIONS 23 The City Clerk read Resolution 102, 2008 by title. 24 a. Resolution 102, 2008 – Additional official representatives of the City of Palm Beach 25 Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 26 designating the City Manager, the City’s Growth Management Administrator. A Planning 27 Manager, and a Resource Manager as the official representatives of the City of Palm Beach 28 Gardens authorized to receive and distribute confidential information pursuant to Section 29 288.075 Florida Statutes, relating to plans, intentions, or interests of a private corporation, 30 partnership, or person to locate, relocate, or expand any of its business activities in the State 31 of Florida; providing an effective date; and for other purposes. 32 Growth Management Administrator Kara Irwin explained this is the third amendment for 33 Resolution 102, 2008 and includes Resource Manager Allyson Black. Councilmember Barnett 34 stated the Ordinance is for privacy, but there are more people added. Administrator Irwin 35 stated the positions mentioned deal directly with the Business Development Board (BDB) and 36 need to be able to have access to the data. City Manager Ferris stated that the people in the 37 noted positions as specific expertise. 38 Motion 39 Vice Mayor Levy made a motion for approval of Resolution, 102, 2008. Councilmember 40 Premuroso seconded. The motion passed unanimously, 5-0. 41 The City Clerk read Resolution 104, 2008 by title. 42 b. Resolution 104, 2008 – Art in Public Places – Gardens Medical Center. A Resolution of 43 the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public 44 Places for the Palm Beach Gardens Medical Center Planned Unit Development (PUD), as 45 described more particularly herein; providing conditions of approval; providing an effective 46 date; and for other purposes. 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 12•18•08 Mark Fuller, artist representing the Palm Beach Gardens Medical Center, presented the 1 proposed art, described the placement location, art structure, lighting plan and presented a 2 model. 3 Vice Mayor David Levy asked if the art will stand in a dry or wet area. Mark Fuller stated the 4 area will be dry and it will be mounted on a concrete base. The finish was described. 5 Councilmember Premuroso questioned the location. Councilmember Barnett inquired about 6 surplus contribution, which is a condition in the Development Order. 7 Motion 8 Vice Mayor Levy made a motion for approval of Resolution, 104, 2008. Councilmember 9 Premuroso seconded. The motion passed unanimously, 5-0. 10 The City Clerk read Resolution 105, 2008 by title. 11 c. Resolution 105, 2008 – Re-appointments to the Police Pension Board. A Resolution of 12 the City Council of the City of Palm Beach Gardens, Florida reappointing two (2) members to 13 the Board of Trustees of the City of Palm Beach Gardens Police Officers’ Retirement Trust 14 Fund; providing an effective date; and for other purposes. 15 Motion 16 Councilmember Russo made a motion for approval of Resolution, 105, 2008. Vice Mayor 17 seconded. The motion passed unanimously, 5-0. 18 Councilmember Russo asked for a staff report at the beginning of 2009 on status of the 19 pension boards. 20 The City Clerk read Resolution 108, 2008 by title. 21 d. Resolution 108, 2008 – Purchase award to Rep Services, Inc. A Resolution of the City 22 Council of the City of Palm Beach Gardens, Florida approving a purchase award to REP 23 Services, Inc. for playground equipment at PGA National Park via an existing contract with 24 Palm Beach County (No. 08051); authorizing the Mayor to execute the Agreement; providing 25 an effective date; and for other purposes. 26 Construction Services Director Todd Engle gave a history of the park, described the new park 27 location, and described the new equipment including a 3-hole putting green. It is a fully 28 accessible playground for handicapped children. Grants received were listed. Staff 29 recommends approval of Resolution 108, 2008. 30 Councilmember Barnett commended the facility. Councilmember Premuroso thanked Public 31 Facilities Director Charlotte Presensky and the staff for their work on this project. 32 Motion 33 Councilmember Russo made a motion for approval of Resolution, 108, 2008. Vice Mayor 34 Levy seconded. The motion passed unanimously, 5-0. 35 The City Clerk read Resolution 109, 2008 by title. 36 c. Resolution 109, 2008 – Art Purchase Agreement. A Resolution of the City Council of 37 the city of Palm Beach Gardens, Florida approving an art purchase agreement with Frudakis 38 Studio, Inc.; authorizing the Mayor to execute the Agreement; providing an effective date; 39 and for other purposes. 40 Linda Hughey, Reed Drive, Palm Beach Gardens, stated her objections to a statue of John D. 41 MacArthur at City Hall. 42 Councilmember Barnett commented on the Purchase Agreement and requested more specific 43 wording. 44 Public Facilities Director Charlotte Presensky reviewed and described the Agreement for the 45 purchase of a bronze statue of John D. MacArthur including the financial payment 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 12•18•08 breakdown. The site location options are being reviewed for presentation at a later meeting. 1 Staff recommends approval of Resolution 109, 2008. 2 Councilmember Barnett inquired about the receipt of funds from the MacArthur Foundation. 3 Director Presensky described the breakdown. Councilmember Barnett suggested that titles be 4 used instead of names in the Agreement because people do change positions. The City 5 received $140,000.00 for the statue with $10,000.00 of those funds designated for installation. 6 Motion 7 Vice Mayor Levy made a motion for approval of Resolution, 109, 2008. Councilmember 8 Russo seconded. The motion passed unanimously, 5-0. 9 XI. ORDINANCES (for Consideration on First Reading) 10 None. 11 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 12 a. Oak Hollow Medical Office. 13 Councilmember Russo recused himself from the Oak Hollow Medical Office discussion and 14 vote due to possible conflict of interest. 15 City Forester Mark Hendrickson presented the Oak Hollow Medical Office project and 16 described the location, surrounding land and environmental issues including the gopher turtle 17 preserve. The site plan was presented and the benefits to the City described. 18 Vice Mayor Levy asked about the status of the project with North Palm Beach. Dodi Glas, 19 Gentile, Holloway & O’Mahoney, explained that they are at the beginning of the process. The 20 property ownership between North Palm Beach and Palm Beach Gardens was described. The 21 City of Palm Beach Gardens would be a co-applicant but incur no fees. Councilmember 22 Barnett questioned if the Palm Beach Gardens land would be paved over to provide parking 23 spaces for the developed property. Ms. Glas provided further explanation. City Forester 24 Hendrickson stated there is currently no parking available and the preserve has difficult 25 access. The parking option of the project is preferred to road parking. Councilmember Barnett 26 inquired about park maintenance once the project was in place. Assistant City Manager, 27 Operations, Jack Doughney explained the land will always be a nature preserve. Earlier offers 28 to buy the property from Palm Beach Gardens were rejected. City liability, access points and 29 residential zoning were discussed. There has not been community discussion with Siena Oaks 30 to date. There is an active population of gopher turtles on the property and they would not be 31 affected by this project. City Manager Ferris explained the benefits of the project at no cost to 32 the City of Palm Beach Gardens. 33 Councilmembers reached a consensus, 4-0, to move forward. 34 XIII. CITY ATTORNEY REPORT 35 Councilmember Barnett inquired about the status of the Borland Center (currently known as 36 Midtown). Interim City Attorney Max Lohman stated he is looking into the easements and 37 what has been recorded on the property with regard to that as well as the conditions that were 38 imposed and compare them to the City’s code and report back to Council. Discussion ensued 39 about the possibility of the Borland Center owing the City approximately $250,000.00. 40 Councilmember Barnett asked about the possibility of filing a lien or filing a breach of 41 contract claim. Vice Mayor Levy stated he felt the requested actions were premature. 42 Councilmember Premuroso asked Interim Attorney Lohman to provide a response, to which 43 he agreed. Councilmember Russo clarified that he is still present at the City Council meeting. 44 City Manager Ferris clarified that the City did not know the property was sold just two to 45 three weeks ago and he explained the sequence of events. 46 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 12•18•08 XIV. ADJOURNAMENT 1 There being no further business to come before the Council, Vice Mayor Levy made a motion 2 to adjourn. Councilmember Premuroso seconded. The motion carried unanimously, 5-0. The 3 meeting was adjourned at 9:40 p.m. The next regularly scheduled City Council meeting will 4 be held January 15, 2009. 5 6 APPROVED: 7 8 9 10 11 Eric Jablin, Mayor 12 13 14 15 16 David Levy, Vice Mayor 17 18 19 20 21 Joseph R. Russo, Councilmember 22 23 24 25 26 Jody Barnett, Councilmember 27 28 29 30 31 Robert G. Premuroso, Councilmember 32 33 34 35 36 ATTEST: 37 38 39 40 41 Patricia Snider, CMC 42 City Clerk 43 44 45 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 46 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 47 All referenced attachments are on file in the Office of the City Clerk. 48 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 15, 2009 Resolution 6, 2009 SubjectlAgenda Item: Resolution 6, 2009 - Approval of an Agreement with Natural Resources Conservation Services (NRCS) to provide financial assistance under the Emergency Watershed Protection Program in an amount not to exceed $164,450.00, and a Work Authorization and Notice to Proceed in the amount of $143,000.00 to Murray Logan Construction, Inc. via their Annual Public Works Contract for repairs to the Bellewood Canal caused by Tropical Storm Fay. [ X ] Recommendation to APPROVE I ] Recommendation to DENY Administrator Approved by: 6 Originating Dept.: David Reyes, Operations Director Advertised: Date: Paper: [ X ] Not Required Affected parties J X ] Notified [ ] Not required Costs: $ 143,000.00 (Total) $143,000.00 Current FY Funding Source: [ X ] Operating 25% [ X ] Other (NRCS) 75% Budget Acct.#: 001.3040.541.6900 Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 6,2009 Exhibit A - NRCS Agreement Exhibit B -Work Authorization and Notice to Proceed for MLCl [ ]None Meeting Date: January 15,2009 Resolution 6,2009 BACKGROUND: The restoration of the Bellewood Canal was completed in early 2008 as part of the City’s Stormwater System Management Plan. In August 2008, Tropical Storm Fay caused erosion damages to a portion of the Bellewood Canal bank. The City desires to repair the damages as well as install emergency watershed protection measures to relieve the hazards. Unfortunately, these repairs do not qualify for Federal Emergency Management Agency (FEMA) funding. Therefore, in September 2008, staff submitted a grant application to the Natural Resources Conservation Services (NRCS) for the repairs. NRCS recognized the importance of implementing and completing the repairs as part of the Emergency Watershed Protection Program. Accordingly, the agency approved funding not to exceed $164,450.00 to support the completion of this priority restoration project. Total project costs are estimated at $143,000.00, of which 75% will be reimbursed to the City by NRCS through the grant. The remaining 25%, including in-kind services, will be paid for by the City from the Stormwater System Improvements Program (Series 2003 bond). The proposed resolution authorizes execution of the NRCS Project Agreement as well as a Work Authorization and Notice to Proceed for Murray Logan Construction, Inc. to perform the restoration via an existing contract with the City. If approved, construction will be complete by June 2009. STAFF RECOMMENDATION: Approve Resolution 6,2009 as presented. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 6,2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A PROJECT AGREEMENT WITH NATURAL RESOURCES CONSERVATION SERVICES TO PROVIDE FINANCIAL ASSISTANCE FOR REPAIRS TO THE BELLEWOOD CANAL CAUSED BY TROPICAL STORM FAY; APPROVING A WORK AUTHORIZATION AND NOTICE TO PROCEED TO MURRAY LOGAN CONSTRUCTION, INC. FOR SUCH REPAIRS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City wishes to install emergency watershed protection measures to relieve hazards and damages to the Bellewood Canal that were caused by Tropical Storm Fay in 2008; and WHEREAS, the Natural Resources Conservation Service approved a grant for an amount not to exceed $164,450.00 under the provisions of the Emergency Watershed Protection Program and Title IV of the Agricultural Credit Act of 1978; and WHEREAS, in order to perform the repairs to the Bellewood Canal, the City received a proposal from its Annual Public Works Contractor, Murray Logan Construction, Inc., in the amount of $143,000.00; and WHEREAS, the City has experienced excellent service from Murray Logan Construction, Inc., who has completed several phases of the Stormwater System Improvements projects; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to enter into a Project Agreement with the Natural Resources Conservation Service, as well as approve a Work Authorization and Notice to Proceed to Murray Logan Construction, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Resolution 6, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 2. The City Council hereby approves the Project Agreement with the Natural Resources Conservation Service, attached hereto and incorporated herein as Exhibit “A, and Work Authorization and Notice to Proceed with Murray Logan Construction, Inc., attached hereto and incorporated herein as Exhibit “B”, in the amount of $143,000.00, and authorizes the Mayor to execute the Project Agreement and Work Authorization and Notice to Proceed. SECTION 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2009. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney VOTE: AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR LEVY --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT --- COUNCILMEMBER PREMUROSO - - G:\attorney-share\RESOLUTlONSL2009Resolution 6 2009 NRCS MLCl.docx 2 Resolution 6, 2009 EXHIBIT “A” STATE: Florida PROJECT: 125057 AGREEMENT NO.: 69-4209-9- 1708 UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PROJECT AGREEMENT LOCALLY LED CONTRACTING THIS AGREEMENT is hereby entered into by and between the City of Palm Beach Gardens hereinafter called the Sponsor; and the Natural Resources Conservation Service, United States Department of Agriculture, hereinafter called NRCS. WITNESSETH THAT: WHEREAS, under the provisions of Section 2 16 of Public Law 8 1-5 16, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed, and WHEREAS, NRCS and the Sponsor agree to install emergency watershed protection measures to relieve hazards and damages created Tropical Storm Fay. NOW, THEREFORE, in consideration of the premises and of the several promises to be faithfblly performed by the parties hereto as set forth, the Sponsor and NRCS do hereby agree as follows: A. It is agreed that the following described works of improvement is to be constructed at an estimated cost not to exceed $164,450.00. Location Description DSR No. Bellewood Canal Stabilize canal bank to prevent erosion. PBGOO 1 -FAY B. THE SPONSOR WILL: 1. 2. 3. 4. Provide for accomplishment of the works of improvement described in Section A and provide for their completion by June 18,2009. The Sponsor shall provide NRCS a copy of any solicitation (Invitation for Bids, Request for Quotations, etc.), bid abstract, and awarded contract, or other basis of cost and accomplishment. Provide abstracts of bids to NRCS for review and comment prior to award. Costs incurred prior to the Sponsor and NRCS signing this agreement are ineligible for reimbursement . Provide cash contribution for any portion of the required 25% of the actual eligible cost of constructing the works of improvement described in Section A not provided by in- kind construction services described in B.5. 1 of8 5. 6. 7. 8. 9. If approved by NRCS, the sponsor may provide in-kind construction services (materials, labor, and equipment). The Sponsor shall develop a Plan of Operation for all in-kind construction services performed. The Plan of Operation shall be submitted to NRCS for review and approval prior to commencement of construction. The maximum value of all in-kind construction services shall not exceed $150,000 of the total actual cost of the works of improvements per site as identified in Section A and in accordance with Section B.6 of this agreement. In-kind construction services for equipment shall not exceed published FEMA rates unless otherwise documented and concurred in advance by NRCS. In-kind technical services will not be reimbursed for in-kind construction services provided by the Sponsor. The following data is required to support the Sponsor's request for in-kind construction services: a. Invoices covering actual costs of materials. b. Records showing materials actually used on the work, and disposition of excess materials. . c. Daily time records for each employee showing name, classification, wage rate, hours, and dates actually employed on the work. d. Equipment operating records showing the rate, hours, and dates actually used on the work. Actual cost of construction will consist of eligible construction costs from contracts awarded to contractors plus eligible Sponsor in-kind construction costs of materials, labor, and equipment. The Sponsor shall provide NRCS records to support construction costs incurred by the Sponsor. Eligible costs include those measures identified in the Damage Survey Report. Work over, under, and through roadways are not eligible costs. Final eligible construction costs will be agreed upon during the pre-design conference. Provide in-kind technical services (survey the site, design the project, develop engineering plans and specifications, let and administer contracts, inspect work performed, certify the completed work, and prepare as-built drawings). The maximum value of in-kind technical services that will be reimbursed to the Sponsor will not exceed 7.5 percent of the actual eligible construction cost from contracts for constructing the emergency watershed protection measures described in Section A and in accordance with Section B.5 and B.6 of this agreement. Costs for in-kind technical services utilized for Sponsor in-kind construction services are not eligible for reimbursement. Acquire needed real property rights (land and water), permits, and licenses in accordance with Local, State and Federal laws at no cost to NRCS. Provide certification (signed NRCS-ADS-78) that real property rights have been obtained for works of improvement described in Section A supported by an attorney's opinion attached thereto. Certification shall be provided to NRCS prior to solicitation for installation of the works of improvement. 10. Accept all financial and other responsibility for excess costs resulting from their failure to obtain or their delay in obtaining adequate land and water rights, permits, and licenses needed for the works of improvement described in Section A. 2 of8 1 1. Take reasonable and necessary actions, including legal action, if required, to dispose of any and all contractual and administrative issues arising out of the contract(s) awarded under this agreement to include but not be limited to, disputes, claims, protests of award, source evaluation, and litigation that may result from the project, and bringing suit to collect from the contractor any moneys due in connection with the contract. Any monies collected will be distributed to the parties in the same ratio as contributions are made. 12. Comply with the requirements of the provisions included in Attachment A to this agreement. If applicable, complete the attached “Clean Air and Water Certification” included in Attachment A. 13. Hold a pre-design conference with the Sponsor, Sponsor’s design engineer, and NRCS. The design conference shall set forth design parameters concurred by both the Sponsor and NRCS. 14. Prior to commencement of work and/or solicitation of bids, submit for NRCS review, the preliminary design, construction specifications, and engineering drawings prepared in accordance with standard engineering principles and design parameters set forth in the pre-design conference. 15. Prior to commencement of work and/or solicitation of bids, submit for NRCS review the Quality Assurance Plan (QAP). The QAP shall outline technical and administrative expertise required to ensure the works of improvement are installed in accordance with the plans and specifications, identify individuals with the expertise, describe items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous or periodic), outline inspection procedures, and record keeping requirements. 16. Upon receiving comments from NRCS, prepare the final design, construction specifications, and engineering drawings in accordance with standard engineering principles, design parameters set forth in the pre-design conference, and the QAP. One set of the final plans, specifications and QAP shall be submitted to NRCS for final review and concurrence prior to solicitation of bids andor commencement of work. The final Construction plans and specifications shall be signed and sealed by a licensed Professional Engineer registered in the State of Florida. 17. Provide construction inspection in accordance with the QAP. 18. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of all permits, licenses, and other documents required by Federal, State, and local statutes and ordinances prior to solicitation for installation of the works of improvement. All modifications to the plans and specifications shall be reviewed and concurred in by NRCS. 19. Ensure that any special requirements for compliance with environmental andor cultural resource laws are incorporated into the project. 20. Designate an individual to serve as liaison between the Sponsor and NRCS, listing his or her duties, responsibilities, and authorities. This information will be &mished in writing to NRCS. 3 of8 2 1. The Sponsor liaison will submit a brief progress report via e-mail to the NRCS Emergency Watershed Program Manager and the NRCS liaison every two weeks after the project agreement is signed by both parties. 22. Ensure that all contracts for design and construction services will be procured in accordance with procedures prescribed in the Code of Florida and Federal regulations applicable to the Sponsor, including the provisions contained in Attachment B to this agreement. 23. Arrange for and conduct final inspection of the works of improvement. The NRCS Liaison, the Sponsor’s Liaison, and the Sponsor’s design engineer shall participate in the final inspection. A Professional Engineer registered in the State of Florida furnished by the Sponsor shall certify that the project was installed in accordance with contractual requirements. 24. For structural measures, prepare and submit for NRCS concurrence an Operation and Maintenance (O&M) Plan prior to completion of construction. Upon completion of the work, the Sponsor shall assume responsibility for O&M of the works of improvement installed. 25. If needed, upon completion of emergency protection measures and the elimination of the threat, take action to bring the measures up to reasonable standards by other means and/or authority. Unless the measures are brought up to reasonable standards, the sponsor will not be eligible for future funding under the Emergency Watershed Protection Program. 26. Provide final as-built drawings and quantities to NRCS. As-built drawings and quantities shall be certified by the engineer hrnished by the Sponsor. The engineer furnished by the Sponsor shall certify final quantities. 27. Pay the contractor as provided in the contract(s). Submit copies of billings for reimbursement to NRCS on Form SF-270, Request for Advance or Reimbursement. All billings shall include supporting documentation. 3016, OMB Circulars A-102, A-87, A-133, and other rules referenced in 7-CFR 3015. 28. Administer their action under this agreement in accordance with 7 CFR 3015, 7 CFR 29. Comply with the nondiscrimination provisions of the Equal Opportunity clause and the Notice to Contracting Local Organizations of the Requirement for Certifications of Nonsegregated Facilities clause, Form SCS-AS-83, attached hereto as Attachment B. 30. Hold and save NRCS free from any and all claims or causes of action whatsoever resulting from the obligations undertaken by the Sponsor under this agreement or resulting from the work provided for in this agreement. Retain all records dealing with the award and administration of contract(s) for 3 years from the date of the sponsor’s submission of the FINAL Request for Reimbursement or until final audit findings have been resolved, whichever is longer. If any litigation is started before the expiration of the 3-year period, the records are to be retained until the litigation is resolved or the end of the 3-year period, whichever is longer. Make such records available to the Comptroller General of the United States or his or her duly authorized representative and accredited representatives of the U.S. Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcripts. Be responsible for all administrative expenses (including but shall not be limited to 4of8 3 1. Provide 100 percent of the costs of works of improvement not eligible for federal cost share. 32. Complete all required work under this agreement, including but not limited to construction of works of improvement, final inspection, payment of all contractors, submissions of as-builts and final quantities, etc. C. NRCS WILL: 1. 2. 3. 4. 5. 6. 7. 8. 9. Provide 75 percent of the actual eligible cost of constructing the emergency watershed protection measures described in Section A and computed as described in B.6. Provide the value of the Sponsor in-kind technical services not to exceed 7.5 percent of the actual eligible construction cost from contracts for constructing the works of improvement described in Section A and computed as described in B.8. Assist Sponsor and Sponsor’s engineer establish design parameters and approve and concur in same as set forth in Section B. 13. Determine eligible construction costs during the pre-design conference. Review abstracts of bids and provide comments to Sponsor prior to award. Not be substantially involved with the technical or contractual administration of this agreement, but will provide advice and counsel as needed. Make payment to the Sponsor covering NRCS’s share of the cost, upon receipt and approval of Form SF-270, Request for Advance or Reimbursement and supporting documentation. Upon notification of the completion of construction, NRCS shall promptly review the performance of Sponsor to determine if it has met the requirements of this agreement and fund expenditures as agreed. Designate an individual to serve as liaison between the NRCS and the Sponsor. The major duties, responsibilities and authorities of the liaison will be to review and concur with specifications and drawings for the works of improvement described in Section A, assist in the final inspection of the works of improvement, certify along with the Sponsor’s Registered Professional Engineer when all work has been completed according to the specifications and drawings, and review the SF-270 and supporting documents, approve, sign, and submit the SF-270 and supporting documents to NRCS for reimbursement to the Sponsor. 10. Review, comment and concur on preliminary and final plans, specifications, and QAP as described in Sections B.14, B.15 and B.16. 5 of8 D. IT IS MUTUALLY AGREED: 1. This agreement shall become null and void 120 calendar days after the date NRCS has executed this agreement if a solicitation for bids has not been publicly advertised or a contract has not been awarded. 2. This agreement shall be effective upon signature by NRCS. All work required under this agreement shall be completed in accordance with B. 1. 3. That each party shall review, comment, and concur with the engineering drawings, construction specifications, and QAP as identified in Sections B.14, B.15 and B.16 of this agreement. 4. Upon notification from the Sponsor of the completion of construction, NRCS shall promptly review the performance of the Sponsor to determine if the requirements of this agreement have been met. 5. The furnishing of financial and other assistance by NRCS is contingent on the availability of funds appropriated by Congress from which payment may be made and shall not obligate NRCS upon failure of the Congress to appropriate funds. 6. NRCS may terminate this agreement in whole or in part when it is determined by NRCS that the Sponsors have failed to comply with any of the conditions of this agreement. NRCS shall promptly notify the Sponsor in writing of the determination and reasons for the termination, together with the effective date. Payments or recoveries made by NRCS under this termination shall be in accordance with the legal rights and liabilities of NRCS and the Sponsors. 7. This agreement may be temporarily suspended by NRCS if it determines that corrective action by the Sponsor is needed to meet the provisions of this agreement. Further, NRCS may suspend this agreement when it is evident that a termination is pending. 8. Designated Liaisons may make adjustments to and between individual projects cost without amendment so long as the total estimated amount described in A of this agreement is not exceeded. 9. This Agreement may be executed in any number of counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Receipt of a facsimile signature (followed promptly by an original executed counterpart) shall be deemed receipt of an original. 10. By signing this agreement the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. 1 1. Employees of NRCS shall participate in efforts under this agreement solely as representatives of the NRCS. To this end, they shall not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of the City of Palm Beach Gardens or any member of the City of Palm Beach Gardens. They also shall not assist the City of Palm Beach Gardens or any member the City of Palm Beach Gardens with efforts to lobby Congress, or to raise money through fundraising efforts. Further, NRCS employees shall report to their immediate supervisor any negotiations with the City of Palm Beach Gardens, or any member of the City of Palm 6of8 Beach Gardens, concerning future employment and shall refrain from participation in efforts regarding such party until approved by the Agency. 12. Employees of the City of Palm Beach Gardens shall remain its employees while carrying out their duties under this agreement and shall not be considered as Federal employees or agents of the United States for any purpose under this agreement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 7of8 E. APPROVED: CITY OF PALM BEACH GARDENS By: Title: Beach Gardens. Signatory Official is authorized to make this commitment on behalf of the City of Palm Date: TIN: (Signature) (Date) UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: Title: Date: Reviewed: Date: THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 8of8 ATTACHMENT A - SPECIAL PROVISIONS 1. DRUG-FREE WORKPLACE CERTIFICATION 11. CERTIFICATION REGARDING LOBBYING 111. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS IV. CLEAN AIR AND WATER CERTIFICATION V. ASSURANCES AND COMPLIANCE VI. EXAMINATION OF RECORDS ATTACHMENT A - SPECIAL PROVISIONS Sponsor agrees to comply with the following special provisions which are hereby incorporated into this Agreement. I. Drug Free Workplace By signing this Agreement, the Sponsor is providing the certification set out below. If it is later determined that the Sponsor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the Department of Agriculture Natural Resources Conservation Service (hereinafter “Service”), in addition to other remedies available to the Federal Government, may take action under the Drug-Free Workplace Act. Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 0 812) and as further defined by regulation (21 C.F.R. $5 1308.11 through 1308.15); Conviction means a finding of (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal and State criminal drug statutes; Criminal drug statute means a Federal or State criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Emulovee means the employee of a Sponsor directly engaged in the performance of work for which the Service is providing funding, including (I) All direct charge employees; (ii) All indirect charge employees, unless their impact or involvement is insignificant to the work performed by the Sponsor; and (iii) Temporary personnel and consultants who are directly engaged in the work performed by the Sponsor and who are on the Sponsor’s payroll. This definition does not include workers not on the payroll of the Sponsor (e.g., volunteers, even if used to meet matching requirements; consultants or independent contractors not the Sponsor’s payroll, or employees of subrecipients or subcontractors in covered workplaces). CERTIFICATION. A. The Sponsor certifies that it has or will continue provide a drug-fee workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Sponsor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The danger of drug abuse in the workplace; (2) The Sponsor’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and 1 of6 (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the (d) Notifying the employee in the statement required by paragraph (a) that, as a condition Program be given a copy of the statement required by paragraph (a); of employment by the Sponsor, the employee will: (1) Abide by the terms of the statement; and (2) Notify the Sponsor in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the Service in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every Service officer or other designee on whose Sponsor activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notice. Notice shall include the identification number(s) of the Sponsor. (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement or other appropriate agency; (2) Requiring such employee to participate satisfactorily in a drug abuse assistance (g) Making a good faith effort to continue to maintain a drug-free workplace through (h) Agencies shall keep the original of all disclosure reports in the official files of the implementation of paragraphs (a) through (f). agency. B. The Sponsor may provide a list of the site(s) for the performance of work done in connection with the Program described in this Agreement. 2of6 11. Certification Regarding Lobbying (7 C.F.R. 6 301 8) (Applicable if this agreement exceeds $100,000~ (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, and officer or employee of Congress, or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The Sponsor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 111. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions, (7 C.F.R. 5 3017) (1) The Sponsor certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of awards, making false statements, or receiving stolen property; 3 of6 (c) Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (d) Have not within a three-year period preceding this cooperative agreement had one or more public transactions (Federal, State or local) terminated for cause or default. certification, such prospective participant shall attach an explanation to this Agreement. (2) Where the primary Sponsor is unable to certify to any of the statements of this IV. Clean Air and Water Certification (Applicable if this agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 0 1857~-8(c)(l)) or the Federal Water Pollution Control Act (33 U.S.C. Q 13 19(c)) and is listed by EPA, or is not otherwise exempt.) The Sponsor signatory to this Agreement certifies as follows: (a) Any facility to be utilized in the performance of this proposed agreement is , is not listed on the Environmental Protection Agency List of Violating Facilities. (b) To promptly notify the State or Regional Conservationist prior to the signing of this Agreement by the Service, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating any facility which he/she proposes to use for the performance of the agreement under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. nonexempt subagreement. (c) To include substantially this certification, including this subparagraph (c), in every Clean Air and Water Clause (Applicable only if this agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 6 1857~-8(c)( 1)) or the Federal Water Pollution Control Act (33 U.S.C. 0 1319(c)) and is listed by EPA, or the agreement is not otherwise exempt.) A. The Sponsor agrees as follows: (1) To comply with all the requirements of section 1 14 of the Clean Air Act, as amended (42 U.S.C. Q 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. Q 1251, et seq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, an all regulations and guidelines issued thereunder before the signing of this Agreement by the Service. (2) That no portion of the work required by this Agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this Agreement was signed by the Service unless and until the EPA removes the name of such facility or facilities from such listing. 4of6 (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities at which the work under this Agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt subagreement, including this subparagraph A. B. The terms used in this clause have the following meanings: (1) The term “Air Act” means the Clean Air Act, as amended (42 U.S.C. 6 1857 et seq., as amended by Public Law 9 1-604). (2) The term “Water Act” means the Federal Water Pollution Control Act, as amended (33 U.S.C. 0 1251 et seq., as amended by Public Law 92-500). (3) The term “clean air standards’’ means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 1 lO(d) of the Clean Air Act (42 U.S.C. 6 1857~-5(d)), an approved implementation procedure or plan under section 11 l(c) or section 11 l(d), respectively, of the Air Act (42 U.S.C. 6 1857~-6(c) or (d)), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857~-7(d)). (4) The term “clean water standards” means any enforceable limitation, control, condition, prohibition, standards, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 U.S.C. 0 1317). 1342), or by a local (5) The term “compliance” means compliance with the clean air or water standards. Compliance shall also mean compliance with the schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or any air or water pollution control issued pursuant thereto. (6) The term ”facility” means any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations owned, leased or supervised by a Sponsor, to be utilized in the performance of an agreement or subagreement. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area. V. Assurance and Compliance As a condition of the grant or cooperative agreement, the Sponsor assures and certifies that it is in compliance with and will comply in the course of the agreement with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set 5 of6 out in 7 C.F.R. $3 3015,3016,3017,3018,3019 and 3052, which are hereby incorporated in this Agreement by reference, and such other statutory provisions as are specifically set forth herein. VI. Examination of Records Give the Service or the Comptroller General, through any authorized representative, access to and the right to examine all records, papers, or documents related to this Agreement under the procedures set forth under Section (C)(8) of the Agreement. Retain all records related to this Agreement for a period of three years after the completion of the terms of this Agreement in accordance with the applicable OMB Circular. 6of6 I. 11. 111. IV. V. VI. VII. ATTACHMENT B - SPECIAL PROVISIONS EQUAL OPPORTUNITY (SCS-AS-83) EQUAL OPPORTUNITY (FEDERAL ASSISTED CONSTRUCTION) (SCS-AS-83) NOTICE TO CONTRACTING LOCAL ORGANIZATION OF REQUIREMENTS FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES CERTIFICATION OF NONSEGREGATED FACILITIES (SCS-AS-8 18) STANDARD FEDERAL EQUAL EMLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 1 1246) ATTACHMENT B - SPECIAL PROVISIONS CONSTRUCTION I. EQUAL OPPORTUNITY The Contracting Local Organization agrees to incorporate, or cause to be incorporated, into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor at 41 CFR, Chapter 60, which is paid for, in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following Equal Opportunity (Federally Assisted Construction) clause: 11. EQUAL OPPORTUNITY (FEDERALLY ASSISTED CONSTRUCTION) During the performance of this contract the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. ‘The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demo tion, or transfer, recruitment or recruitment advertising; layoff determination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity (Federally Assisted Construction) clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representative of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will hrnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 1 of9 6. In the event of the Contractor’s noncompliance with the Equal Opportunity (Federally Assisted Construction) clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for firther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 1 1246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 1 1246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as provided by law. 7. The Contractor will include this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The Contracting Local Organization further agrees that it will be bound by the above Equal Opportunity (Federally Assisted Construction) clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, however, that if the Contracting Local Organization so participating is a State or local government, the above Equal Opportunity (Federally Assisted Construction) clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Contracting Local Organization agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the Equal Opportunity (Federally Assisted Construction) clause and the rules, regulations and relevant orders of the Secretary of Labor, that it will hrnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance. The Contracting Local Organization Wher agrees that it will refrain from entering into any contractor contract modification subject to Executive Order No. 1 1246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the Equal Opportunity (Federally Assisted Construction) clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 1 1, Subpart D, of the Executive Order. In addition, the Contracting Local Organization agrees that if it fails or refuses to comply with these undertakings the administering agency may take any or all of the following actions: Cancel, terminate, or suspend, in whole or in pan, this grant; refrain from extending any hrther assistance to the Contracting Local Organization under the program with respect to which its failure or refusal occurred until satisfactory assurance of hture compliance has been received from such Contracting Local Organization; and refer the case to the Department of Justice for appropriate legal proceedings. 111. NOTICE TO CONTRACTING LOCAL ORGANIZATIONS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES (a) A Certification of Nonsegregated Facilities must be submitted by the Contracting Local Organization prior to any agreement for Federal financial assistance where the Contracting Local Organization will itself perform a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. construction contractors of the Certification of Nonsegregated Facilities required, as follows: (b) The Contracting Local Organization shall notify prospective federally assisted IV. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS (a) A Certification of Nonsegregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. (b) Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES (a) Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. (b) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. SCS-AS-818 Rev. 4-70 File Code AS-14 VI. CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction cmtracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity Clause.) The federally assisted construction contractor certifies that he/she does not maintain or provide for hidher employees any segregated facilities at any of hidher establishments, and that he/she does not permit hidher employees to perform their services at any location, under hidher control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he/she will not maintain or provide for hidher employees any segregated facilities at any of his/her establishments, and that he/she will not permit hisher employees to perform their services at any location, under hidher control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this section is a violation of the Equal Opportunity Clause in this contract. As used in this caption, the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national of because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files. NOTE - The penalty for making false statements in offers is prescribed in 18 U.S.C. I 00 1. 4of9 VII. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 1 1246) 1. As used in these specifications: a. ‘Covered area’ means the geographical area described in the solicitation from which b. “Director” means Director, Office of Federal Contract act Compliance Program, this contract resulted; United States Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number’ means the Federal Social Security number used on the Employees Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. “Minority” includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cub Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of die Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all groups having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which the contract resulted. approved by the U.S. Department of Labor in the covered area either individually or through as association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The’ overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractors or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan 4. The Contractor shall implement the specific affirmative action standards provided in Paragraphs 7.a. through 7.p. of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female tuition that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or Federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice of and such notices may be obtained from any Office of Federal Contract Compliance Programs or from Federal procurement Contracting Officers. The Contractor is expected to make substantially uniform progress toward meeting s goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractors obligations under these specifications, Executive Order 1 1246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractors compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites, and in all at which the Contractors employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractors obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization’s responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority and female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union b. Establish and maintain a current list of minority and female recruitment sources, 6of9 hiring hall for referral and was not refer-red back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in e file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process had impeded the Contractor’s efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities, and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractors employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under Paragraph 7.b. above. f. Disseminate the Contractors EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc. - specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posing the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company’s EEO policy and e action obligations under these specifications with all employees having any responsible for hiring, assessment, layoff, termination, or their employment decisions, including specific review of these items with on-site supervisory personnel such as Superintendents, General Fore etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contract’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipate doing business. community organizations to schools with minorities and female students and to minority and female recruitment and training organizations-, serving the Contractors recruitment area and employment needs. Not later than one month prior to the date for the acceptance of the applications for apprenticeship or other, training by any recruitment sources, the Contractor shall send written notification, to organizations such as the above, describing the openings, screening procedure, and tests to be used in the selection process. Encourage present minority and female employees to i. Direct its recruitment efforts, both oral and written, to minority, female, and 7of9 recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractors workforce. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of the Contractors workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classification work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and die Contractors obligations under these specifications are being carried out. separate or single-user toilet and necessary changing facilities shall be provided to ensure privacy between the sexes. 0. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor adherence to and performance under the Contractors EEO policies and affirmative action obligations. n. Ensure that all facilities and company activities are nonsegregated except that 8. Contractors are encouraged to participate in voluntary associations which assist in achieving one or more of the affirmative action obligations (Paragraphs 7.a. through 7.p.). The efforts of a contractor association, joint contractor-union, contractor-community, or other share group of which the Contractor is a member and participants may be asserted as g any one or more of its obligations under Paragraphs 7.a. through 7.p. of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractors minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to an obligation shall not be a defense for the Contractor’s noncompliance. 8of9 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 1 1. The Contractor shall not enter into any Subcontract with any person or fm debarred from Government contracts pursuant to Executive Order 1 1246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 1 1246, as amended. 13. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easy understandable and retrievable form however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 14. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in Paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 604.8. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 9of9 THIS IS A SAMPLE ATTORNEY’S OPINION I I crPONSOR’S LETTERHEAD> <Date> Mr. Carlos Suarez State Conservationist USDA - Natural Resources Conservation Service P.O. Box 141510 Gainesville, FL 32614-1510 Re: Assurances Relating to Real Property Acquisition Dear Mr. Suarez: As <City/County> Attorney, I advise you that I have reviewed the document titled “Assurances Relating to Real Property Acquisition” and that there is adequate land rights to carry out the work, which is to clean canals of debris from <name of disaster>. Feel free to contact the undersigned. Very truly yours, <Signattire of Attorney> <Title Block> VENDOR CODE FORM I' 1. Action New Modify 0 0 To: 2. Vendor Code (SSN, Fed ID #) 3. Vendor Name: Natural Resources Conservation Service Attention: Jesse T. Wilson 2614 NW 43' Street Gainesville, FL 32606 Telephone - 352-338-9557 FAX - 352-338-9578 Bank Account Number From : Account Type Bank Routing Number Checking 0 Saving 0 I Emergency Watershed Protection Program - City of Palm Beach Gardens PA 69-4209-9-1 708 4. Address Line 1 (Required) 15. Address Line 2 IOotional) I 6. Address Line 3 (City, State, Zip) 7. Phone (Optional) 18. EFT Information (Mandatorv) I !' Vendor EFT (Electronic Fund Transfer) Information The National Finance Center (NFC) has directed all agencies to provide electronic funds transfer (EFT) information for all vendors doing business with this agency. This action will allow USDA NRCS to meet the requirements of the Debt Collection Improvement Act of 1996 (DCIA). Electronic funds transfer eliminates the possibility of lost or stolen checks and vendors receive payments faster. NRCS is responsible for providing to NFC accurate vendor electronic funds transfer information (bank account, account type and bank routing number). Please complete this form and returned to as soon as possible. In lieu of completing the form, you may attach a voidedkancelled check to the form. The form may be mailed or faxed to the address or fax number listed above. Future payments will not be processed without this information. Thank you for your cooperation. If you have any questions concerning this matter, feel free to call Sherry Brown at (352)338-9564. Resolution 6, 2009 EXHIBIT “B” CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 WORK AUTHORIZATION AND NOTICE TO PROCEED PROJECT NO. PUB0086 DATE: Januarv 16.2009 PROJECT TITLE: Stormwater Svstem ImDrovements-Bellewood Canal DESCRIPTION OF WORK: Remirs to canal caused bv TroDical Storm Fav CONTRACTOR: Murrav Loaan Construction. Inc. You are hereby requested to proceed with the following work, as outlined in the proposal attached hereto, and all work shall be pursuant to those items in the Annual Public Works Contract dated May 6, 2004. By this reference incorporated herein, for this project and to perform the work accordingly, subject to all contract stipulations, covenants and conditions. For an amount not to exceed $143.000.00 The work shall commence on Januanr 16. 2009 and be substantially complete no later than AorH 16, 2009 with a final completion date of Mav 1. 2009. The parties hereto also understand that the City may modify the commencement date herein upon written notice. The Contractor agrees to provide the City with payment and performance bonds for the full contract amount of $143.000.00 prior to commencement of work, and the bonds required herein shall be in accordance with F.S. 255.05 Bonds. It is hereby agreed that the amount of damages for each day passed the date set for substantial completion shall be $200.00 per day, and the amount of damages passed the date set for final completion shall be $200.00 per day, and not as a penalty, but as liquidated damages for every day of delay in finishing the work in excess of the number of working days prescribed above for both substantial and final completion. The Contractor hereby agrees that said sum shall be deducted from monies due the Contractor under the contract or if no money is due the Contractor, the Contractor hereby agrees to pay to the City as liquidated damages, and not as a penalty such total sum as shall be due for such delay, computed above. THE UNDERSIGNED, BY EXECUTION OF THIS WORK AUTHORIZATION AND NOTICE TO PROCEED, AGREES TO BE BOUND BY THE TERMS AND CONDITIONS INCORPO HEREIN. CgB#cr;A CTOR DEPARTMENT ACCOUNT NUMBER ’ Work Authorizations over $50,000 or more require the following signa : 2 1 CITY OF PALM BEACH GARDENS, FL MAYOWCOUNCILMEMBER DATE CITY CLERK DATE QUOTATION PW 5616863948 Fax: 561-686-7465 DATE: 9-18-08 TO: city of palm Beach ciardea ATIN.: David Reyes NAME OF PROJECT Bellwood South canal Resloping, TurfReinforcement Mat, and Sod IXX=ATION: PBG PLANS & SPECIFICATICIEJS: Per Site Visit wE~OpoSETomTRMsEIAulLABoR,MATERIALANDEQuIpMENTTOPERFoRMTlB[E~~~G: 1100 LF of the north bank For the lump sum of ...... .. .... ... ... ... ...,_.__. ... ... ... ... ... .. . ... _.. ..... $143,~.00 DATE 2 'd 8P18'oN By: CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM ] Approval 1" reading [ ] Denial [ ]Postponed [ 3 Continued to: Meeting Date: January 15,2009 Ordinance 2,2009 Ordinance 2,2009 - Waterway Caf6 City-Initiated Rezoning First Reading: A City-initiated request, for rezoning of one (1) parcel of real property from Residential Medium (Rh4) to General Commercial (CG-1) zoning district. Said parcel comprises approximately one and 50/100 (1 3) acres, more or less, in size; such parcel of land is located on the south side of PGA Boulevard approximately % mile east of Prosperity Farms Road, informally known as the Waterway Cafk Restaurant. [ X 1 Recommendation to APPROVE [ ] Recommendation to DENY n Reviewed by: Development Compliance: N/A Bahareh K. Wolfs, AICP Planning Manager: Natalie Wong, AICP Approved By: Originating Dept.: Growth Management: Senior Planner [XI Quasi - Judicial [ ] Legislative [XI Public Hearing Advertised: Date: Not required Paper: NIA [ ] Required [XI Not Required for 1" reading Xffected Parties: [ 3 Notified [XI Not Required for 1 '' reading FINANCE: Senior Accountant: N/A rresha Thomas Fees Paid: [ X ] Yes Budget Acct.#: NIA Attachments: Ordinance 2,2009 Ordinance 17,2008 Ordinance 5, 1987 Location Map Zoning Map Future Land Use Map BACKGROUND Waterway Cafe 11,354 square-foot restaurant use 1,13 5 square-foot outdoor seating North south Pirates Cove Residential Community PGA Marina The Waterway Cafk was originally developed in the 1980’s on approximately 1.67 acres. Subsequent to the original opening of the restaurant, the property owner purchased the additional property to the south that had five (5) residential homes on the site. General Commercial & Residential Medium (CG-1 & General CommercialPUD Commercial (C) Overlay Commercial (C) (CG-1PUD) Unincorporated Palm Beach County Zoning Residential Single Family (RS) Low Residential-3 (LR- 3) Ordinance 5, 1987 approved a Conditional Use (CU) of Commercial Parking on the Residential Medium (RM) site. The houses were demolished, and the parking lot. and landscaping that currently support the Waterway Cafk parking needs were constructed. The one (1) structure that remained on-site, an existing single-family home, currently functions as an ancillary office to the restaurant use. The public access rights- of-way to the private residences were abandoned by the City through Resolution 52, 1985. East IntracoastalWaterway y& Residential Medium (RM) & General Commercial (CG-1) On September 4, 2008, City Council adopted Ordinance 17, 2008, which approved a small-scale City- initiated Future Land Use (FLU) Map Amendment to change the existing Residential Medium (RM) FLU designation to Commercial (C) in order to be consistent with the commercial uses on-site. There are no proposed modifications to the site with this request. However, an administrative amendment application is anticipated to be submitted to the City by the owner for outdoor seating and tiki bar subsequent to the rezoning approval. N/A N/A Commercial (C) & Residential Medium &nerd Commercial (CG-1) & Residential Medium (RM) (RM) LAND USE & ZONING The land-use designation of the site as shown on the City’s Future Land-Use Map is Commercial (C). The site currently has a zoning designation of General Commercial (CG-1) and Residential Medium (RM). The portion of the site that is designated as Commercial is approximately 1.67 acres and is located on the northern side where the existing restaurant building is located. The RM portion of the site, which is approximately 1 .5-acres, provides parking, landscaping, open space, outdoor seating, office and storage uses directly related to the restaurant. The existing structure which remains on the RM parcel is directly affiliated with the restaurant operations and is a legal non-conforming use. The City has initiated a rezoning of the subject 1.5-acre parcel to General Commercial (CG-1) zoning district in order to be consistent with the City’s Comprehensive Plan Future Land Use designation of Commercial (C). The zoning and land-use designations of adjacent properties are as follows: ZONING CLASSIFICATIONS AND LAND-USE DESIGNATIONS OF ADJACENT PROPERTIES - Meeting Date: January 15,2009 Ordinance 2,2009 EXISTING USE ZONING LAND USE I I 2 Meeting Date: January 15,2009 Ordinance 2,2009 TRAFFIC CONCURRENCY Traffic Performance Standards (TPS) was adopted by Palm Beach County in 1989. The site was approved prior to TPS so the restaurant use is vested for the existing square footage until such time a major increase in intensity or significant redevelopment occurs within the zoning district. EXISTING NON-CONFORMITIES It is important to note that the subject site has several non-conformities that are on-site, however, the subject rezoning will not be expanding any of the non-conformities. The applicant has been advised that at the time of a major redevelopment of the site the existing non-conformities will be required to be brought into compliance with any applicable zoning Codes. PLANNING. ZONING AND APPEALS BOARD (PZAB) On December 9, 2008, the Planning, Zoning and Appeals Board (PZAB) recommended approval of the petition to City Council by a 7-0 vote. STAFF RECOMMENDATION The City has initiated a rezoning of the subject 1.5-acre parcel to General Commercial (CG-1) zoning district in order to be consistent with the City’s Comprehensive Plan Future Land Use designation of Commercial (C). Therefore, staff recommends APPROVAL of Ordinance 2,2009. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 2,2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING ONE (1) PARCEL OF REAL PROPERTY COMPRISED OF APPROXIMATELY ONE AND 50/100 (1.502) ACRES, MORE OR LESS, IN SIZE, FROM RESIDENTIAL MEDIUM (RM) TO GENERAL COMMERCIAL ZONING DISTRICT (CG-1); SUCH PARCEL IS LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD APPROXIMATELY Y4 MILE EAST OF PROSPERITY FARMS ROAD, INFORMALLY KNOWN AS THE “WATERWAY CAFE PARCEL”, AS DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING REVISIONS TO THE ZONING DISTRICT MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City of Palm Beach Gardens has initiated application number REZN-08-11-000005 in order to rezone one (1 ) parcel of real property from Residential Medium (RM) to General Commercial (CG-1) zoning district in order to be consistent with the City’s Future Land Use Map, as more particularly described herein; and WHEREAS, the subject site is currently zoned Residential Medium (RM) and has a land-use designation of Commercial (C); and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient and has recommended approval; and WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on December 9, 2008, and has recommended approval of the rezoning to the City Council with a vote of 7-0; and WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City Council has considered the evidence and testimony presented by staff and other interested parties and the recommendations of the various City of Palm Beach Gardens and Palm Beach County review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interests of the citizens and residents of the City of Palm Beach Gardens, Florida; and Ordinance 2, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council has determined that this Ordinance is consistent with the City's Comprehensive Plan based on the following findings of fact: 1. The proposed rezoning of General Commercial (CG-1) is consistent with the future land-use designation of Commercial (C). 2. The proposed rezoning is in harmony with the general purpose and intent of the Comprehensive Plan and the Land Development Regulations, and is compatible with the intensity and density of the surrounding, existing, and future land uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The zoning of the following-described property is hereby changed from Residential Medium (RM) to General Commercial (CG-1): LEGAL DESCRIPTION ALL THAT PART OF THE NORTH % OF THE N.E. % OF THE S.E. % OF SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY AND SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD, BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: FROM THE N.W. CORNER OF THE N.E. % OF THE S.E. % OF SAID SECTION 5, BEAR S. OI"24'24 E. ALONG THE WEST LINE OF SAID N.E. % OF THE S.E. % OF LINE P.G.A. BOULEVARD, BEING THE POINT OF BEGINNING, THENCE CONTINUE S. OI"24'24 E. ALONG SAID WEST LINE, A DISTANCE OF 296.00 FEET TO THE SOUTH LINE OF SAID NORTH % OF THE N.E. % OF THE S.E. %, ALSO BEING THE NORTH LINE OF THE PLAT OF PIRATES COVE, AS RECORDED IN PLAT BOOK 25, PAGE 197, PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS; THENCE BEAR EAST ALONG SAID NORTH LINE OF PIRATES COVE, A DISTANCE OF 502.56 SECTION 5, A DISTANCE OF 40.01 FEET TO SAID SOUTHERLY RIGHT-OF-WAY FEET TO SAID WESTERLY RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY; THENCE BEAR N. 3'46'48" W. ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 253.56 FEET TO SAID SOUTHERLY RIGHT-OF-WAY OF P.G.A. BOULEVARD; THENCE BEAR N. 84"28'41" W. ALONG SAID RIGHT-OF-WAY OF P.G.A. BOULEVARD, A DISTANCE OF 445.80 FEET; THENCE BEAR WEST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 49.38 FEET TO THE POINT OF BEGINNING. SECTION 2. The City Manager is hereby authorized and directed to make appropriate changes on the zoning district map of the City to effectuate the purpose of this Ordinance. 2 Ordinance 2, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 5. Specific authority is hereby given to codify this Ordinance. SECTION 6. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 Ordinance 2, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this day of , 2009, upon first reading. PASSED AND ADOPTED this day of ,2009, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. Russo, Councilmember Jody Barnett, Councilmember Robert G. Premuroso, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR AGAINST ABSENT BY: R. Max Lohman, Interim City Attorney G:\attorney-share\ORDINANCES\2009\Ordinance 2 2009 - waterway cafe rezoning.doc 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 13,2008 ORDINANCE 17,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3187(1)(~), ET SEQ., FLORIDA STATUTES, PURSUANT TO PROVIDES FOR AN AMENDMENT TO THE CITY’S FUTURE LAND USE MAP DESIGNATING ONE (1) PARCEL OF REAL PROPERTY COMPRISING APPROXIMATELY ONE AND 50/100 (1 302) ACRES, MORE OR LESS, IN SEE AS “(C) COMMERCIAL”; SUCH PARCEL OF LAND IS LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD APPROXIMATELY Y4 MILE EAST OF PROSPERITY FARMS ROAD, INFORMALLY KNOWN AS THE “WATERWAY CAFE RESTAURANT”; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. CITY-INITIATED APPLICATION NO. CPMA-08-06-000009, WHICH WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities draft and adopt comprehensive development plans to provide thorough and consistent planning with regard to land within their corporate limits; and WHEREAS, all amendments to the Comprehensive Development Plan must be adopted in accordance with detailed procedures which must be strictly followed; and WHEREAS, the City of Palm Beach Gardens has initiated application number CPMA-08-06-000009, which provides for a small scale amendment to the City comprehensive development plan which meets all the requirements of a “small scale” development as defined in Section 163.31 87(l)(c), Florida statutes; and WHEREAS, the City of Palm Beach Gardens has held all duly required public hearings in accordance with Chapter 163, Florida Statutes, and its Code of Ordinances; and WHEREAS, the City Council desires to adopt the proposed amendment to the current comprehensive development plan to guide and control the future development of the City, and to preserve, promote, and protect the public health, safety, and welfare. Date Prepared: June 13,2008 Ordinance 17,2008 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE ClN COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, hereby adopts an amendment to its current Comprehensive Development Plan dated January 1990 by providing for the land use designation for one (1) parcel of real property comprising approximately one and 50/100 (1 50i) acres, more or less, in size and amending the City's Future Land Use Map accordingly, which amendment consists of changing the existing map to the one which is attached hereto as Exhibit "A" and made a part hereof and of the current Comprehensive Development Plan. A copy of the Comprehensive Development Plan, as amended, is on file in the office of the City Clerk, City of Palm Beach Gardens, Florida. SECTION 3. The City's Growth Management Administrator is hereby directed to transmit one (1 ) copy of the amendment to the current Comprehensive Development Plan to the State Land Planning Agency within ten (10) working days of adoption, along with a letter from the Mayor or his designee indicating the number of acres for the amendment submitted, the cumulative number of acres involved in small-scale developments within the City of Palm Beach Gardens that the City Council has approved during the past calendar year, a copy of the executed adopting ordinance, ordinance effective date, a copy of the public hearing notice, a completed copy of Form RPM-BSP-Small Scale-I , and small scale development amendment application number in accordance with Rule 9J- 11.015, Florida Administrative Code. A copy of the above shall also be sent to the Treasure Coast Regional Planning Council and to any other unit of local government that has filed a written request for same. SECTION 4. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 5. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 6. This amendment shall become effective thirty-one (31) days after adoption. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If the Ordinance is timely challenged by an "affected person" as defined in Chapter 163, Florida Sfafufes, the amendment does not become effective until a final order is issued finding the amendment in compliance. 2 Date Prepared: June 13,2008 Ordinance 17, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this 2/2' day of Av(,c/sr , 2008, upon first reading. PASSED AND ADOPTED this qnt day of &+ r-4 , 2008, upon second and final reading. CITY OFK- GARDENS / /-(PI Robert G. Premuroso, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk FOR / / AGAINST ABSENT 4/ APPROVED AS TO FORM G:\attorney-~hare\ORDINANCESP008\0rdinance 17 2008 - final version.docx 3 ORDINANCE 5, 1957 +' March 31, 1907 AN ORDINANCE OF THE CITY OF PAUd BEACH GARDENS, FL,ORIDA, ANNEXING A PARCEL OF LAND LOCATED ON FORMERBARCJARDDRIVE, AND MORE PARTICULARLY DESCRIBED IN EXHI- BIT "A" ATTACHED HERETO AND MADE A PART HEREOF, AND SIMULTANEOUSLY WITH THE ANNEXATION THEREOF THE ZONING CLASSIFI- CATION OF RS-3, SINGLE-FAMILY RESIDENTIAL DISTRICT, TOGETHER WITH A CONDITIONAL USE THEREON PERMITTING COMMERCIAL PARKING UNDER CHAPTER 159.061 OF TITLE XV OF THE PALM BEACH GARDENS CODE, LISHED AS THE ZONING THEREON; AND, PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; AND, FURTmR, PROVIDING FOR AN EFFECTIVE DATE HEREOF. IS HEREBY ESTAB- BE IT ORIIAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, J?LORfDA: Section - 1. A parcel of land located on former Barnard Drive, and more fully described in Exhibit "A" attached hereto, is hereby annexed into the City of Palm Reach Gardens, Florida, with the same legal force and effect as if said lands were originally part of the territory of said City. Section 2. Simultaneously with the annexation of -- the aforesaid lands, the zoning classification of RS-3, Single- Family Residential District, together with the conditional use thereon permitting commercial parking under Chapter 159.061 of Title XV of the Palm Beach Gardens Code, is hereby established. The aforesaid described lands fall under the purview of Chapter 163, Florida Statutes, permittinq procedural exemp- tions for modification to Comprehensive Land-Use Plan change. The City Clerk is hereby authorized and directed to modify the Comprehensive Land-Use Plan Map by reflecting the changes thereto provided herein. Section 3. All Ordinances or parts of Ordinances in - conflict herewith are hereby repealed. Section - 4. This Ordinance shall be effective upon date of passage. A PLACED ON FIRST READING ON THE 3 DAY OF APRIL, 1987. PLACED ON SECOND READING 011 THE 7 d PASSED MITI ADOPTED THE 7 DAY 4 ,.----- )2tA VICE-MAYOR & ATTEST: /'e \\ COUNCILWJ TH~ SOUTH 100.0 FEET OF THF K. i/4 or THE N.E. 1/4 OF THE S.E. I/4 OF SECTIOX 5, TOWNSHIP 42 SOL'TH, PANGE 43 EAST, LYING WEST OF THE INTRACOASTAL WATERWAY. -- CONTAININ(7 1-15 ACRES (50,047.50 Sy. FT.) MORE OR LESS. SUBJECT TO ALL RESLRVATIONS, RtSTRTCIIONS AND RIGHTS-OF-WAY OF RECORD. L. Jefferson F. Vznder Wok Port: Office Drawer D Defray &a&. Florida 33444 Richard 0. Breithart, Esq. 818 U.S. Highway one, Suite::S North Palm Beach, FL 83408 Dear Rl chard : I am writinq to confirm my understanding of the agreem ts r between myself, representing Waterway Cafe, and you as representative of the adjoining residents in Pirate's Cove. These agreements were reached in specific response to a petition signed by most of these residents, dated January 19, 1$8!, and a subsequent letter from YOU, dated January31, 1987. The items we covered are as follows: 1) At the option of the adjoining residents, we agree upon their request to build two 15-20 foot block walls, one each between the three westernmost houses on our property. The objective would be to reduce noise if other actions we have taken do not render it unobjectionable. We think that if more of a noise Larrier is needed, additional landscaping might prove more effective. from outside the restaurant - including employees leaving at closing time - in order to reduce any diszurbance to neighbors. Relating to the above, we shall attempt to control sound emanating 3) We agree to discourage the use of the Port Royal Canal by restaurant customers and to take any steps requested to terminate live-aboard situations that might exist at any of the docks on our property. 4) We anticipate that in time the residences on our property will be raised to provide more parking to the west and additonal restaurant facilities on the Intracoastal. We agree that until this takes place we w.111 not change the present usage of these properties. At such time as the housees may be raised, either partially or in their entirety, we agree to construct ae-gfoot masonry wall, the exact height to be determined by the City. This wall will follow the 1' e of the existing wall on the west and be set back at least le Pi ee from any seawall. Further, we agree that the south wall of any restaurant facilities built along the Intracoastal will have no openings or "people exposure" across the canal to the south. We also agree to landscape and maintain the areas between the masonry wall and the seawalls on the south and west of our property - after consulting with the adjoining neighbors about the design of both the landscaping and the wall. We would hope to accommodate any reasonable requests made by our adjoining neighbors. In this regard, we suggest that this landscaping might include a row of trees or a hedge that might grow to B-aO feet. Conceivably, these might be planted in the near future so that their maturation process could proceed immediately. We would appreciate any suggestions your clients may have relative - - /peFc’ fl-. -b/ Richard 0. Breithart, Esq. 1 JUI May LS .. Page i - to this possibility and to the type of plant materials that might be used & We agree to consult with the city concerning the use of the Adam’s property on Kidd Lane and to the west of KSdd Lane and to abide by their desires .tn this matter 6) Finally, we will strive to maintain open comnunications between our adjoining neighbors and not only our on-site managers but, if they cannot or do not take any appropriate actibns, with ownership. In this regard, f attached a number of postage-paid envelopes, pre-addressed to myself, that can be dfstributed to your clients and used as needed. In answer to a question raised in your most-recent correspondence, I am told that a commercial boat did come into the Port Royal Canal recently and, I assume, docked on our side. Z am not familiar with all of the circumstances, but the story I have heard is that their use of the canal resulted from mechanlcal problems and that there stay was brief. Uhether someone at the Waterway Cafe sanctioned their vfsi t, I am not sure. We will instruct those who may be concerned with like situations in the future to discourage this kind of thing. I am also aware of a recent noise complatnt by one neighbor to the west. The problem seems to have been a lack of awareness on the part of a new floor manager that it was our policy to close all wall openings on the west side of the bullding during periods when we have entertafnment. Such oversights may occur now and then, but I believe our communication arrangements should provlde a prompt solution. If this concurs with your understanding of our agreements, I would apprecfate your acknowledging the encloed copy and returning it to me in the attached envelope, VeIy truly yours, Je 4f- ferson 7-2-at F. Vander Wolk JFV‘hr Enclosures _. I. I __ Acknowledgement Richard 0. Breithart, Esq. n X. c c -=-w C""'.. ,, ,, - . . . . . . . . . . . . . . . . , . . . . . . . . x..::.:. 1110 0 - 0101 I I I @* 3 P a r ti zc a CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 22,2008 Meeting Date: January 15, 2009 Ordinance 33,2008 SubjecUAgenda Item: Ordinance 33, 2008, amending the Fiscal Year 2007/2008 Budget [ X ] Recommendation to APPROVE I1 Recommendation to DENY Finance Director Department Director Approved by: flK Cit‘y Mafiager Originating Dept.: Finance Advertised: Palm Beach Post 1 2/31 /2008 [ ] Not Required Affected parties I ] Notified [ ] Not required costs: $ 0 6 (Total) $0 Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Ordnance 33,2008 Exhibit “1” [ ]None Date Prepared: December 22,2008 Meeting Date: January 15,2009 Ordinance 33, 2008 BACKGROUND: As an integral part of the annual close-out process it is customary to prepare year-end budget amendments to ensure compliance with legal levels of control, and to help explain additions or deletions to fund balance. The increaseddecreases to revenuedexpenditures contained in Exhibit “1 ” detail the variances that comprise this activity. STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 33, 2008 on second reading. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 33,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a Budget for the 2007/2008 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2007/2008 Budget; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby amends the revenues and expenditures listed in the attached Exhibit “1” and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2007, through September 30, 2008, inclusive. SECTION 3. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 5. This Ordinance shall become effective immediately upon adoption. Date Prepared: November 21, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: November 21, 2008 Ordinance 33, 2008 PASSED this it-" day of DEhgm , 2008, upon first reading. PASSED AND ADOPTED this day of ,2009, upon second and final reading. CITY OF PALM BEACH GARDENS BY: FOR Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. Russo, Councilmember ~~ Jody Barnett, Councilmember ~ Robert G. Premuroso, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney nce 33 2008 - budget m AGAl N ST ABSENT dment for 2007-08.docx 2 City of Palm Beach Gardens Ordinance 33,2008 - Budget Amendment WE 09/30/2008 Exhibit "1" GENERAL FUND Total Increase/ (Decrease) In Expenditures Maintenance Contracts Capital Equipment Software 001.0220.512.4650 001.0220.512.6420 Total Increase (Decrease) In Information Tech (66,204) (35.000) (101,204) Election Expense 001.0230.512.5295 22,000 Total Increase (Decrease) In City Clerk 22,000 Professional Services Postage & Freight Printing & Binding Salaries Training Advertising Materials & Supplies Professional Services 001.0240.514.3160 (23,000) Total Increase (Decrease) In Legal (23,000) 001.0250.512.4120 001.0250.512.4710 (23,000) ~10.000~ Total Increase (Decrease) In Public Relations (33,000) 001.0300.513.1210 (28,500) 001.0300.513.3810 (15,000) 001.0300.513.4910 (17,000) 001.0300.513.5200 (1 5,700) 001.0300.513.3120 (19,000) Total Increase (Decrease) In Human Resources (95,200) 1 Professional Services 001.0600.513.3150 (24,000) Worker's Comp Deductibles Electricity Transfer Out Salaries Health and Life Insurance Telephone Salaries Conversion of Leave Health and Life Insurance Professional Services Conversion of Leave Overtime Materials & Supplies Equip - Capital Lease Purchase Total Increase (Decrease) In Finance (24,000) 001.0900.519.2420 (53,436) 001.0900.519.4320 (90,000) 001.0900.519.9108 (200,000) Total Increase (Decrease) In General Services (343,436) 001.1000.521.1210 001.1000.521.2310 001.1000.521.4110 (40,692) (53,525) (54,730) Total Increase (Decrease) In Police Admin (148,947) 001.1030.521.1210 (135,891) 001.1030.521.1550 90,000 001.1030.521.2310 (48,556) 001.1030.521.3150 (21 7,243) Total Increase (Decrease) In Police Uniform Ops (311,690) 001.1040.521.1550 53,000 Total Increase (Decrease) In Police Special Ops 53,000 001.1230.522.1410 315,744 001.1230.522.5210 60,000 001.1230.522.6400 918,418 Total Increase (Decrease) In Fire EMS 1,294,162 2 Professional Services 001.1400.515.3150 (113,000) Salaries Fica Salaries Part-time Salaries Salaries Contractual Services Postage & Freight Printing & Binding CIP Contractual Services Salaries Health & Life Insurance Repairs & Maintenance Total Increase (Decrease) In Growth Mgmt Admin 001.1420.515.1210 001.1420.515.2110 Total Increase (Decrease) In P&Z 001.1430.524.1210 001.1430.524.1310 Total Increase (Decrease) In Code Enforcement 001.2000.572.1210 001.2000.572.3400 001.2000.572.4120 001.2000.572.4720 Total Increase (Decrease) In Recreation Admin 001.2032.572.6900 Total Increase (Decrease) In Aquatics 001.2080.519.3400 Total Increase (Decrease) In Parks 001.3040.541.1210 001.3040.541.2310 001.3040.541.4600 Total Increase (Decrease) In Storm Water (113,000) (1 04,256) (17,800) (1 22,056) (47,000) (9,000) (56,000) (53,900) (18,000) (26,000) (34,000) (131,900) (308,315) (308,315) (47,400) (47,400) (71,973) (27,600) (63,000) (162,573) 3 Salaries Overtime Incentive Pay FICA Retirement Contributions Health and Life Insurance Contractual Services Ad valorem taxes Telecommunications Tax Business Tax Building Permits Sales Tax Local Police Grants EMS Transport Fees Fines and Forfeitures Code Enforcement Fines Interest Income Transfer In Other Sources-Capital Lease Sale of General Capital Assets 001.3090.524.1210 001.3090.524.1410 001.3090.524.1510 001.3090.524.2110 001.3090.524.2210 001.3090.524.2310 001.3090.524.3400 Total Increase (Decrease) In Construction Services Total Increase (Decrease) In Expenditures Revenues/Sources 001.311.2000 001.314.2000 001.321.0000 001.322.0000 001.335.1800 001.337.2000 001.342.6000 001.351.1000 001.351.1030 001.361.1001 001.381.0000 001.383.0000 001.388.1000 (75,892) (19,800) (32,000) (23,800) (22,500) (20,000) (193,992) (846,551) Total Increase (Decrease) In Revenues 360,783 60,819 (80,132) 541,797 (75,000) 142,716 184,192 50,809 77,099 (263,487) 100,000 712,418 206.000 Total Increase (Decrease) Revenues/Sources 2,018,014 Increase(Decrease) to Reserves 2,864,565 4 RECREATION SPECIAL REVENUE FUND Part Time Salaries Contract Services Part Time Salaries Programs Youth Enrichment Repairs and Maintenance Local Option Gas Tax Miscellaneous Revenue Total Increase/ (Decrease) In Expenditures Expenditures 104.2000.575.1310 104.2040.575.3400 104.2040.575.131 0 Total Increase (Decrease) Expenditures Revenues/Sources 104.347.2080 104.347.2093 Total Increase (Decrease) Revenues/Sources (102,939) (62,085) (86,223) (251,247) Total Increase (Decrease) In Revenues (131,665) (73,353) (205.018) Increase(Decrease) to Reserves 46,229 LOCAL OPTION GAS TAX Expenditures 103.3000.539.4600 Total Increase (Decrease) Expenditures Revenues/Sources 103.312.3000 103.369.0000 Total Increase/ (Decrease) In Expenditures (21 0,000) (21 0,000) Total Increase (Decrease) In Revenues (17,000) 93,753 Total Increase (Decrease) Revenues/Sources 76,753 Increase(Decrease) to Reserves 286,753 5 Recreation Impact Fees CIP Art Impact Fees RECREATION IMPACT FUND Total In Revenues Revenues/Sources Increase (Decrease) 301.363.2700 (139,444) Total Increase (Decrease) Revenues/Sources (139,444) Increase(Decrease) to Reserves (139,444) FIRE IMPACT FUND Total Increase/ (Decrease) In Expenditures Expenditures 303.1200.522.6900 12,000 Total Increase (Decrease) Expenditures 12,000 Total Increase(Decrease) to Reserves (12,000) ART IMPACT FUND Total Revenues/Sources Increase (Decrease) In Revenues 304.363.2700 191,000 Total Increase (Decrease) Revenues/Sources 191,000 Increase(Decrease) to Reserves 191,000 6 Road Impact Fees Interest Income Transfer In Salaries Green Fees Cart Fees ROAD IMPACT FUND Total Revenues/Sources Increase (Decrease) In Revenues 305.363.2400 (191,222) 305.363.1001 (30,000) Total Increase (Decrease) Revenues/Sources (221,222) Increase(Decrease) to Reserves (221,222) PGA FLYOVER FUND Total Revenues/Sources Total Increase (Decrease) In Revenues 308.381 .OOOO (200,000) Total Increase (Decrease) Revenues/Sources (200,000) Increase(Decrease) to Reserves (200,000) GOLF FUND Total Increase/ (Decrease) In Expenditures Expenditures 106.2550.572.1210 Total Increase (Decrease) Expenditures Revenues/Sources 106.347.2000 106.347.2010 Total Increase (Decrease) Revenues/Sources (82,313) (82,313) Total Increase (Decrease) In Revenues (97,622) 63,182 (34,440) Increase(Decrease) to Reserves 47,873 7 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 22,2008 Meeting Date: January 15,2009 Ordinance 34,2008 SubjecVAgenda Item: Ordinance 34, 2008, amending the Fiscal Year 2008/2009 Budget [ X ] Recommendation to APPROVE I1 Recommendation to DENY @. inance Director Su bmittem: Department Director Approved by: e City ManAger Originating Dept.: Finance Advertised: Palm Beach Post 12/31/2008 [ ] Not Required Affected parties wotified [ ] Not required costs: $ 0 (Total) $0 Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Ordinance 34, 2008 Exhibit “1” [ ]None Date Prepared: December 22,2008 Meeting Date: January 15, 2009 Ordinance 34, 2008 BACKGROUND: 0 Under Generally Accepted Accounting Principals, as one fiscal year comes to a close and a new fiscal year begins, the City is required to carry forward the funds appropriated for prior year obligations that will be paid in the new fiscal year. This ordinance amends the FY 200812009 budget for amounts reserved and designated from FY 2007/2008 for outstanding purchase orders and commitments as they relate to open projects that cross fiscal years. In addition, this amendment also transfers approximately $2.4 million from Undesignated Reserves to the Debt Service Reserve account due to the recent Rating Action of Moody’s Investment Services downgrading Ambac Assurance Corporation’s financial strength rating to “Baal ” from “Aa3”. STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 34, 2008 on second reading. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 34,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a Budget for the 2008/2009 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2008/2009 Budget; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby amends the revenues and expenditures listed in the attached Exhibit “IJJ and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2008, through September 30, 2009, inclusive. SECTION 3. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 5. This Ordinance shall become effective immediately upon adoption. Date Prepared: November 21, 2008 Ordinance 34, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this /8?day of b cm/$M , 2008, upon first reading. PASSED AND ADOPTED this day of ,2009, upon second and final reading. CITY OF PALM BEACH GARDENS BY: FOR Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. Russo, Councilmember AGAINST ABSENT Jody Barnett, Councilmember Robert G. Premuroso, Councilmember- ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney 8\ordinance 34 008 - budget amendment for 2008-09.docx 2 Expenditures 001.0220.512.4650 001.0220.512.6450 001.0600.513.3150 001.0900.519.9920 001.0900.51 9.9923 001.1000.521.5294 001.1000.521.8120 001.1030.521.4710 001.1030.521.5294 001.1040.521.4710 001.1040.521 5294 001.1230.522.5200 001 .I 230.522.6400 001.1230.522.6420 001.1400.515.3150 001.2000.572.6900 001.2032.572.6900 001.2080.519.4600 001.3000.539.31 50 001.3000.539.3155 001.3000.539.5200 001.3030.539.4600 001.3030.539.6400 001.3030.539.6900 001.3040.541.6900 001.3050.541.4600 001.3050.541.6900 Total Increase in Expenditures Revenues 001.389.0000 001.366.0000 Total Increase in RevenueslSources City of Palm Beach Gardens Ordinance 34,2008 - Budget Amendment FYE 0913012009 Exhibit "1" GENERAL FUND Reserved for Designated for Purchase Orders Projects 7,500 23,298 15,778 123 88,400 375 3,251 330 39 12,500 166,334 23,040 7,500 2,322 3,534 2,676 30,875 21,808 14,993 30,000 (2,395,707) 2,395,707 107,360 1,541 15.773 7.686 531,802 16,050 29,627 14,656 221,970 388,854 5,007 Increase/ (Decrease) To Budget 7,500 23,298 45,778 (2,395,707) 2,395,707 123 195,760 375 3,251 330 39 1,541 15,773 7,686 12,500 698,136 39,090 7,500 2.322 3,534 29,627 17,332 30,875 221,970 410,662 20,000 255,000 255,000 424,677 1,625,326 2,050,003 Increase/ (Decrease) To Budget 424,677 424,677 1,600,326 2,025,003 25,000 25,000 1,625,326 2,050,003 1 LOCAL OPTION GAS TAX FUND Reserved for Designated for Increase/ (Decrease) Expenditures Purchase Orders Projects To Budget 103.3000.539.4600 164.436 164,436 103.3000.539.6900 299,000 299,000 Total Increase in Expenditures 164,436 299,000 463,436 Fund Balance - Fund Balance - Increase/ (Decrease) Revenues Reserved Designated To Budget 103.389.0000 164,436 299,000 463.436 Total Increase in RevenueslSources 164,436 299,000 463,436 RECREATION IMPACT FUND Reserved for Designated for Increase/ (Decrease) Expenditures Purchase Orders Projects To Budget 301.2000.572.6400 6.100 6,100 301.2000.572.6900 70,455 1,810,295 1,880,750 Total Increase in Expenditures 76,555 1,810,295 1,886,850 Fund Balance - Fund Balance - Increase/ (Decrease) Revenues Reserved Designated To Budget 301.389.0000 76,555 1,810,295 1,886,850 Total Increase in RevenueslSources 76,555 131 0,295 1,886,850 POLICE IMPACT FUND Reserved for Designated for Increase/ (Decrease) Expenditures Purchase Orders Projects To Budget 302.1000.521.6900 964.737 964.737 Total Increase in Expenditures 964,737 964,737 Fund Balance - Fund Balance - Increase/ (Decrease) Revenues Reserved Designated To Budget 302.389.0000 964,737 964,737 Total Increase in RevenueslSources 964,737 2 964,737 ROAD IMPACT FUND Reserved for Designated for Increase/ (Decrease) Expenditures Purchase Orders Projects To Budget 305.0900.541.6900 476.061 3.422.374 3.898.435 Total Increase in Expenditures 476,061 3,422,374 3,898,435 Fund Balance - Fund Balance - Increase/ (Decrease) Revenues Reserved Designated To Budget 305.389.0000 476,061 3.422.374 3.898.435 Total Increase in RevenuedSourcas 476,061 3,422,374 3,898,435 PGA FLYOVER FUND Reserved for Designated for Increase/ (Decrease) Expenditures Purchase Orders Projects To Budget 308.0900.51 9.4600 20,221 20.221 Total Increase in Expenditures 20,221 20,221 Fund Balance - Fund Balance - Increase/ (Decrease) Revenues Reserved Designated To Budget 308.389.0000 20,221 20,221 Total Increase in RevenuedSources 20,221 20,221 BURNS ROAD IMPROVEMENT FUND Reserved for Designated for Increase/ (Decrease) Expenditures Purchase Orders Projects To Budget 309.0900.519.6900 30,726 6,518 37,244 Total Increase in Expenditures 30,726 6,518 37,244 Fund Balance - Fund Balance - Increase/ (Decrease) Revenues Reserved Designated To Budget 309.389.0000 30,726 6,518 37,244 Total Increase in RevenueslSources 30,726 6,518 37,244 3 FLEET FUND Reserved for Designated for Increase/ (Decrease) Expenditures Purchase Orders Projects To Budget 501.3020.539.641 0 321,896 321,896 Total Increase in Expenditures 321,896 321,896 Fund Balance - Fund Balance - Increase/ (Decrease) Revenues Reserved Designated To Budget 501.389.0000 321,896 321,896 Total Increase in RevenueslSources 321,896 321,896 1,514,572 8,128,251 9,642.822 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 15, 2009 Resolution: 3,2009 SubjecVAgenda Item: Contract award to Harvard Jolly, Inc. for Design Criteria Professional services for the Municipal Complex Emergency Operations and Communications Center for an amount not to exceed $141,750.00 M Recommendation to APPROVE I ] Recommendation to DENY Revle JYf City Attorney Dan Reidy Operations Director Community Services Department / Advertised: NIA [ ] Not Required Affected parties [ X ] Notified ___c___- . [ ] Not required Costs: $141,750.00 $141,750.00 Current Fiscal Year Funding Source: [ ]Operating [ x] Other Police Impact Fire Impact General Fund Budget Acct ... . 302.1000.521.6900 Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 3, 2009 Exhibit A: RFQ No. Exhibit B: Agreement 2008-01 0 [ ]None Date Prepared: December 22,2008 Meeting Date: January 15, 2009 Resolution: 3,2009 BACKGROUND: On October 19, 2008, a Request for Qualifications was released and placed on Demandstar as well as advertised in the Palm Beach Post for a Design Criteria Professional to develop conceptual plans and performance criteria in order to secure a Design/Build firm for the design and construction of an approximately 10,000 square-foot Emergency Operations and Communication Center (EOCC). The new EOCC will be located in the Municipal Complex between the existing Police Department building and City Hall. An Evaluation Committee made up of City staff short-listed four (4) firms from sixteen (16) respondents, and Harvard Jolly, Inc. was selected as the most qualified firm. A negotiated fee of $141,750.00 with Harvard Jolly, Inc. was established for the design criteria professional services. Funding for the project is provided by a combination of Police and Fire impact fees and the general fund (refer to pages 219, 231, 252, and 255 of the 2005/2006 Budget, and page 118 of the 2008/2009 Budget). If approved, Harvard Jolly, Inc. is scheduled to complete the design criteria package by April 2009. Contracting with a Design/BuiId firm is tentatively scheduled for July 2009 with completion in June 2010. When complete, the hardened (Hurricane Category 5), LEED-certified (Leadership in Energy and Environmental Design) facility will become the permanent home for: Emergency Operations Center Police Dispatch Center Centralized Telecommunications and Information Technology Data Centers The City’s AM Radio Frequency (AM 1670) 0 Essential Records Archive NlMS Training Center STAFF RECOMMENDATION: Approve Resolution 3, 2009 as presented. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 3,2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR DESIGN CRITERIA PROFESSIONAL SERVICES WITH HARVARD JOLLY, INC. FOR THE CONSTRUCTION OF AN EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City desires to award a contract to a consultant for the purpose of providing Design Criteria Professional Services to secure a desigdbuild firm for construction of the City’s Emergency Operations and Communications Center; and WHEREAS, as required by the Consultants’ Competitive Negotiation Act outlined in Section 287.055, Florida Statutes, the City issued Request for Qualifications No. 2008-01 0 for Design Criteria Professional Services, attached hereto as Exhibit “A; and WHEREAS, the City received qualifications from sixteen vendors, incorporated herein by reference; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to award a contract to Harvard Jolly, Inc. for such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens hereby approves the Agreement for Design Criteria Professional Services to Harvard Jolly, Inc. in the amount of $141,750.00, attached hereto as Exhibit “B”, and hereby authorizes the Mayor to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. Resolution 3, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2009. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney VOTE: AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR LEVY --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT --- COUNCILMEMBER PREMUROSO / G:\attorney-share\RESOLUTlONS~OO9kesolution 3 2009 - harvard jolly - eoc.docx 2 Resolution 3, 2009 EXHIBIT “A” City of Palm Beach Gardens DESIGN CRITERIA PROFESSIONAL FOR REQUEST FOR QUALIFICATIONS NO. 2008-01 0 THE MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER Opening Date: Monday, November 10, 2008, 2:OO p.m. Addendum No. 3 Issued November 3,2008 I. Due to the Thanksgiving holiday, the Oral Presentations/Short List Announcements will be extended from November 26, 2008, to December 3,2008. The projected timeline has also been amended as follows: 1. 2. 3. 4. 5. 6. 7. Broadcast / Publication Release of RFQ October 19, 2008 RFQ Submittal Deadline/Opening November 10,2008,2:00 PM Evaluation / Short-List Committee Review November 19,2008,2:00 PM* Oral Presentations from Firms Short Listed December 3,2008* Consultants Selection Announced following Oral Presentations December 3,2008* Contract Negotiations / Execution Award Recommendations to City Council December 4 - December 10,2008* December 18,2008* Dates above are subject to change based on the number of respondents, availability of the members, or other unforeseen circumstances. Siqnature of DroDoser below acknowledqes receiDt of this Addendum No. 3 to RFQ No. 2008-010. This document is to be attached to the front of your submittal Dackaqe. Signature of Proposer Date City of Palm Beach Gardens DESIGN CRITERIA PROFESSIONAL FOR REQUEST FOR QUALIFICATIONS NO. 2008-010 THE MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER Opening Date: Monday, November 10. 2008, 2:OO p.m. Addendum No. 2 Issued October 29,2008 I. The following answer is an amendment to Addendum No. 1 - Question No. 4: 4. Will the Design Criteria Professional's specialty sub-consultants also be excluded from participating in the separate Design/Build Process? Answer: Based on the City's legal opinion, yes, sub consultants of the Design Criteria Professional who are licensed architects, enaineers, or other licensed Desian Professionals in the State of Florida that will be assistina in the develoDment of the desian criteria Dackaae ARE precluded as a participant in the Design/Build process. However, businesses that are NOT licensed architects. enaineers. or other licensed Desian Professionals in the State of Florida, hired as sub consultants to the Desian Criteria Professional. that provide technical advice ARE NOT Drecluded from particbatina in the DesiadBuild Drocess. II. In light of the above amendment, the RFQ Opening Date has been extended to November IO, 2008 at 2 P.M. The projected timeline has also been amended as follows: 1. Broadcast / Publication Release of RFQ October 19, 2008 2. RFQ Opening November 10,2008 at 2 p.m. 3. Evaluation / Short-List Committee Review November 19,2008 2:OO p.m.* 4. Oral Presentations from Firms Short Listed November 26,2008* 5. Consultants Selection Announced following Oral Presentations November 26,2008* 6. Contract Negotiations / Execution November 27 - December 3,2008* 7. Award Recommendations to City Council December 18,2008* * Dates above are subject to change based on the number of respondents, availability of the members. or other unforeseen circumstances. Sianature of DroDoser below acknowledaes receiDt of this Addendum No. 2 to RFQ No. 2008-010. This document is to be attached in front of your submittal Dackaae. Signature of Proposer Date City of Palm Beach Gardens DESIGN CRITERIA PROFESSIONAL FOR THE MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER Opening Date: Monday, November 3,2008, 2:OO p.m. REQUEST FOR QUALIFICATIONS NO. 2008-010 Addendum No. 1 Issued October 21,2008 The following answers are official responses to questions recently submitted on or before October 21,2008 at 300 p.m., to the City of Palm Beach Gardens. 1. How much is the City’s budget for this project? Answer: The total budget is $3,564,737.00, which includes design, construction, furniture, fixtures, and equipment. 2. What is the anticipated total square footage of the EOCC? Answer: Approximately 10,000 square feet. 3. Will the Design Criteria Professional be prohibited from pursuing the NE design of the complex? Answer: Yes, the Design Criteria Professional will be prohibited from proposing in the DesignlBuild RFP when released, as stated in the RFQ as follows: “The selection process shall be done pursuant to the Consultants’ Competitive Negotiation Act, Chapter 287.055 Florida Statutes, and as otherwise found herein. DesigdBuild will be the project delivery method for the EOCC, and therefore, by Florida Statute, the selected DCP shall be precluded as a participant in the Design/Build process. ” 4. Will the Design Criteria Professional’s specialty sub-consultants also be excluded from participating in the separate Design/Build Process? Answer: Based on the City’s legal opinion, yes, sub consultants of the Design Criteria Professional will be precluded as a participant in the DesignlBuild process. 5. Is it possible to get (or view) a copy of the City’s master plan with the proposed EOCC? Answer: No, there is no current master plan with the proposed EOCC. The Design Criteria Professional will need to develop the master plan. Signature of proposer below acknowledges receipt of this Addendum No. 1 to RFQ No. 2008- 01 0. This document is to be attached in front of your submittal package. Signature Date REQUEST FOR QUALIFICATIONS FOR DESIGN CRITERIA PROFESSIONAL FOR THE MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER RFQ # 2008-01 0 OCTOBER 19,2008 THE CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 3341 0 1 REQUEST FOR QUALIFICATIONS #2008-010 The City of Palm Beach Gardens is accepting sealed proposals for the following: Design Criteria Professional - Municipal Complex Emergency Operations and Communications Center The Design Criteria Professional (DCP) with a team of highly qualified sub-consultants will provide programming, architectural, and engineering services to develop one (1) Design Criteria Package for the City’s new Municipal Complex Emergency Operations and Communications Center (EOCC) to be located at 10500 North Military Trail, Palm Beach Gardens, Florida. The selection process shall be done pursuant to the Consultants’ Competitive Negotiation Act, Chapter 287.055 Florida Statutes, and as otherwise found herein. Design/Build will be the project delivery method for the EOCC, and therefore, by Florida Statute, the selected DCP shall be precluded as a participant in the Design/Build process. The DCP will provide professional consultant services to City staff during both design and construction phases. All Requests For Qualifications, one (1 1 oriainal and six (61 coDies, must be received at the address below in the City Clerk’s Office, no later than Monday, November 3, 2008, at 2:OO p.m., at which time all Requests For Qualifications (RFQ) will be publicly opened and read. Receipt of a response by any City office, receptionist, or personnel other than the City Clerk’s Office does not constitute “receipt” as required by this solicitation. The City Clerk’s time stamp shall be conclusive as to the timeliness of receipt. RFQ documents may be obtained at the address below or by calling the City Clerk’s Office at (561) 799- 4121. RFQ documents will not be issued unless the request is received at least 24 hours prior to the opening of the RFQ. RFQ documents can be downloaded from the City’s website link at: http:/hrvww.demandstar.com/supplier/bids/agency~inc/bid~list.asp?f=search&mi=488736 All RFQ documents are to be sealed when submitted and be delivered or mailed to: City of Palm Beach Gardens City Clerk’s Office 10500 N. Military Trail Palm Beach Gardens, FL 33410 On the enveloDe(s) or boxles) containinu the DroiDosal shall be written in larae letters: RFQ #2008-010: Design Criteria Professional - Municipal Complex Emergency Operations and Communications Center To Be Opened: Monday, November 3,2008, at 2:OO p.m. The City of Palm Beach Gardens reserves the right to reject any or all RFQ submittals, 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 interests of the City. Criteria utilized by the City of Palm Beach Gardens for determining the most responsible qualifier includes, but is not limited to, cost; whether the qualifier meets the City of Palm Beach Gardens published specifications; the qualifier’s experience, skill, ability, financial capacity; and any other factors which could reasonably be asserted as being relevant to successful performance. The qualifier should anticipate the City may negotiate some or all of the components of a proposal with one or more of the qualifiers in order to obtain the value of services offered. CITY OF PALM BEACH GARDENS Patricia Snider, CMC, City Clerk Publish: Palm Beach Post Sunday, October 19,2008 Sunday, October 26,2008 2 IMPORTANT DATES 1. Broadcast / Publication Release of RFQ October 19, 2008 2. RFQ Opening November 3,2008 at 2 p.m. 3. EvaluatiorVShort-List Committee Review November 12, 2008 2:OO p.m. * 4. Oral Presentations from Firms Short Listed November 19, 2008 5. Consultants Selection Announced following Oral Presentations November 19,2008 * 6. Contract Negotiations / Execution November 20 - 26,2008 7. Award Recommendations to City Council December 18,2008 * * Dates above are subject to change based on the number of respondents, availability of the members, or other unforeseen circumstances. 3 A. PURPOSE I INTENT: The City of Palm Beach Gardens, Florida, pursuant to the "Consultants' Competitive Negotiation Act" (CCNA), Section 287.055, Florida Statutes, which governs the acquisition of professional architectural, engineering, landscape architectural, and surveying and mapping services, and as may be amended, hereby requests Qualification and Performance Data from Desian Criteria Professional. 1. INSTRUCTIONS: The Design Criteria Professional (hereinafter referred to "Professional Consultant") are to be duly licensed and registered to practice in the State of Florida, and desire to render such services to the City of Palm Beach Gardens. This work includes design services, bidding services, construction administration, and all related miscellaneous services. Florida law requires the City to make a determination of a consultant's qualification to perform professional architecture consultant work prior to its employment. The information in the RFQ (qualification package) will be used by the City to make this determination. Additionally, evaluation points will be assigned to information contained in the package to aid in the award of this professional services contract. 2. INTERPRETATIONS: Unless otherwise stated in the RFQ, any questions concerning this RFQ should be submitted in writing to: Angela Wong, Operations Manager, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, awona@Dbafl.com, (fax) 561 -799-41 34. 3. CLARIFICATION AND ADDENDA TO RFQ SPECIFICATIONS: If any Professional Consultant contemplating submitting a response under this Request for Qualifications is in doubt as to the true meaning of the specifications or other documents or any part thereof, the Professional Consultant must submit to the individual listed in Section 2 above, at least seven (7) calendar days prior to the scheduled RFQ opening, a request for clarification. All such requests for clarification must be made in writing, and the person submitting the request will be responsible for its timely delivery. Any interpretation of the RFQ, if made, will be made only by an Addendum duly issued by the City's designated personnel. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of the RFQ are required. A copy of such Addendum will be sent to each Professional Consultant receiving the RFQ. In the event of conflict with the original RFQ Documents, the Addendum shall govern all other RFQ and Contract Documents to the extent specified. Subsequent addenda shall govern over prior addenda only to the extent specified. 4. AWARDS: The City reserves the right to reject any or all responses, or any portion thereof, deemed necessary for the best interest of the City. All awards made as a result of this RFQ shall conform to applicable Florida Statutes. The City is not responsible for any expenses incurred by a Professional Consultant in preparing and submitting an RFQ or related documents. 4 5. RFQ OPENING: Responses to' this RFQ shall be opened and publicly read in the Citv of Palm Beach Gardens. City Council Chambers, 10500 N. Militarv Trail. Palm Beach Gardens, Florida 33410. All responses received after that time shall be returned, unopened. 6. LEGAL REQUIREMENTS: Federal, State, County, local and City laws, ordinances, rules, regulations, guidelines, and directives that in any manner affect the items covered herein apply. Lack of knowledge by the qualifierkonsultant will in no way be a cause for relief from responsibility. 7. INDEMNIFICATION: The Design Criteria Professional agrees to indemnify and hold the City of Palm Beach Gardens, its officers, and employees harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys fees, to the extent caused by the negligence, recklessness, or intentionally wrongfully conduct of the Design Criteria Professional and other persons employed or utilized by the Design Criteria Professional in the performance of the contract to be awarded pursuant to this RFQ. The official title of the City is "The City of Palm Beach Gardens". This official title shall be used in all insurance or other legal documentation. The City of Palm Beach Gardens is to be included as an "Additional Insured" with respect to liability arising out of operations performed for the City by or on behalf of the Professional Consultant or acts or omissions of the Professional Consultant in connection with such operation. 8. PATENTS & ROYALTIES: The Professional Consultant, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Professional Consultant uses any design, device, or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. All documentation produced for the City of Palm Beach Gardens as a result of this RFQ will be owned by the City. 9. OSHA: The Professional Consultant warrants that the services provided to the City of Palm Beach Gardens, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the Professional Consultant responsible for same. IO. LIABILITY, INSURANCE, LICENSES, AND PERMITS: Where the Professional Consultant is required to enter or go onto City property to deliver goods, materials, or perform work or services as a result of an RFQ award, the successful Professional Consultant will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance and assure all work complies with all Palm Beach County and City ordinances, codes, laws, rules, regulations, directives, and guidelines. The Professional Consultant shall be liable for any damages or loss to the City occasioned by negligence of the Professional Consultant (or agent) or any person the Professional Consultant has designated in the completion of the contract as a result of the proposal of this RFQ. 5 11. DEFAULTlFAlLURE TO PERFORM: The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Professional Consultant to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Consultant to meet any terms of this Request for Qualifications submittal, related agreement, and work authorization(s), the City will notify the Consultant three (3) days (weekends and holidays excluded) to remedy the default. Failure on the Consultant’s part to correct the default within the required three (3) days shall result in the contract being terminated and upon the City notifying in writing the Professional Consultant of its intentions and the effective date of the termination. The following shall constitute default: Failure to perform the work required under the contract and/or within the time required or failing to use the sub consultants, entities, and personnel as identified and set forth, and to the degree specified in the contract. Failure to begin the work under this contract within the time specified. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the contract. Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or insolvency, or making an assignment renders the successful Professional Consultant incapable of performing the work in accordance with and as required by the contract. Failure to comply with any of the terms of the contract in any material respect. Failure to pay sub consultants or others pursuant to work done under this contract. In the event of default of a contract, the successful Professional Consultant shall pay the entire City’s attorney’s fees and court costs incurred in collecting any damages. The successful Professional Consultant shall pay the City for any and all costs incurred in ensuring the completion of the project. 12. CANCELLATION: The City reserves the right to cancel this contract by written notice to the Professional Consultant effective the date specified in the notice, and the following will apply: The Professional Consultant is determined by the City to be in breach of any of the terms and conditions of the contract and/or to have failed to perform hislher services in a manner satisfactory to the City. In the event the Professional Consultant is found to be in default, the Professional Consultant will be paid for all labor and materials provided to the satisfaction of the City as of the termination date. No consideration will be given for anticipated loss of revenue or the canceled portions of the contract. The Professional Consultant waives any claims to the same. The City has determined that such cancellation will be in the best interest of the City to cancel the contract for its own convenience. Funds are not available to cover the cost of the services. The City’s obligation is contingent upon the availability of appropriate funds. 13. BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to Accounts Payable, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. 6 14. APPLICABLE LAW AND VENUE: The law of the State of Florida shall govern the contract between the City and the successful Professional Consultant, and any action shall be brought in Palm Beach County, Florida. In the event of litigation to settle issues arising hereunder, the prevailing party in such litigation shall be entitled to recover against the other party its costs and expenses, including reasonable attorneys fees, which shall include any fees and costs attributable to appellate proceedings arising on and of such litigation. 15. PUBLIC ENTITY CRIMES: As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid/proposal on a contract to provide any goods or services to a public entity; may not submit a bid/proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids/proposal on leases of real property to a public entity, and may not be awarded or perform work as a contractor, supplier, sub consultant or consultant under a contract with any public entity. Each person or firm who elects to submit a Request for Qualification package shall notify the City Clerk within thirty (30) days after a conviction of a contract crime applicable to itlhimlher or to any officers, directors, executives, shareholders active in management, employees, or agent of their affiliates. 16. CONFLICT OF INTEREST AND CODE OF ETHICS: The award is subject to provisions of State Statutes and City policies. All Professional Consultants must disclose with their RFQ submittal the name of any officer, director, or agent who is also an employee of the City. Further, all Professional Consultants must disclose the name of any City employee who owns, directly or indirectly, an interest of 5% or more in the Professional Consultant’s firm or any of its branches. If any Professional Consultant violates or is a party to a violation of the code of ethics of the State of Florida with respect to this RFQ, such Professional Consultant may be disqualified from performing the work described in this RFQ or from furnishing the services for which the RFQ is submitted and shall be further disqualified from proposinglbidding on any future RFP/Bid/RFQ for work or for goods or services for the City. A copy of the State Ethics Codes is available on line at httD://www.flsenate.aov. 17. NON-COLLUSION: The Professional Consultant certifies that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting an offer for the same professional consulting services and is in all respects fair and without collusion or fraud. No premiums, rebates, or gratuities are permitted, either with, prior to, or after any delivery of material or provision of services. Any violation of this provision may result in the contract cancellation, return of materials, or discontinuation of services. 18. FLORIDA PUBLIC RECORDS ACT: All material submitted regarding this RFQ becomes the property of the City. RFQ documents may be reviewed by any person ten (IO) days after the public opening. The Professional Consultant should take special note of this as it relates to any proprietary information that might be included in its offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City. The City has the right to use any or all information/material submitted in response to this RFQ and/or any resulting contract from same. Disqualification of a Professional Consultant does not eliminate this right. 7 19. DISCLOSURE OF PROPOSAL CONTENTS Regardless of anything to the contrary, all material submitted becomes the property of the City of Palm Beach Gardens. The City has the right to use any or all proposal materials including but not limited to design work presented within any reply to this RFQ. Selection or rejection of the proposal does not affect this right. 20. TIED BIDSIDRUG-FREE WORK PLACE PROGRAMS: In the event of an identical tied RFQ, preference will be given to local Professional Consultants. If none of the Professional Consultants are local, preference shall be given to the business submitting proof of Drug-Free Work Place (DFW) programs. B. SPECIAL CONDITIONS: 1. PURPOSE: The purpose of this Request for Qualifications (RFQ) is to contract with a Design Criteria Professional with a team of highly qualified subconsultants to provide programming, architectural, and engineering services to develop one Design Criteria Package for the Design-Build of the Municipal Complex Emergency Operations and Communications Center (EOCC), construction administration, and related service categories, as and when needed, and in accordance with Section 287.055, Florida Statutes. The successful Professional Consultant shall be responsible for providing services at locations and times specified by the City: shall be completely responsible for the supervision of such personnel in accordance with contract specifications, terms, and conditions, and shall exercise exclusive control over persons employed to fulfill these contract requirements, in accordance with the RFQ specifications and related contract. The term shall be become effective on the date the contract is approved by the City of Palm Beach Gardens City Council and conclude on the submittal to the City of the final record plans from the design- builder, signed and sealed by a registered engineer licensed by the State, as well as all related electronic documents in CADD format. The City reserves the right to extend the contract, providing both parties agree to the extension: all terms, conditions, and specifications remain the same, and such extension is approved by the City. 2. METHOD OF AWARD: The award of the contract may be made to the responsive and responsible Professional Consultant whose qualifications are the most advantageous to the City and in accordance with Section 287.055, Florida Statutes. Actual project award will take place after negotiations conclude from the qualified list of professional consultants. The official notice to proceed will be the issuance of a fully executed and approved “Work Authorization and Notice to Proceed”. The project award under this RFQ and related contract will cover transactions that may require City Council’s approval. Professional Consultant services shall be consistent with Section 287.055, Florida Statures, as amended from time to time. 3. CONTACT PERSON: For any additional information regarding the specifications and requirements of this bid, contact Angela Wong, Operations Manager, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, awona@t)bafl.com: (fax) 561-799-41 34. 8 4. RFQ CLARIFICATION: Any questions or clarifications concerning this RFQ shall be submitted in writing by mail, e-mail, or facsimile to Angela Wong, Operations Manager, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, awong@pbgfl.com, (Fax) 561-79941 34. The RFQ titlelnumber shall be referenced on all corresDondence. All questions must be received no later than seven (7) calendar days prior to the scheduled opening date. All responses to questions / clarifications will be sent to all prospective Professional Consultants in the form of an addendum. 5. RFQ SUBMITTAL: All RFQs submitted shall include the completed RFQ forms and information. RFQs will be considered “Non-Responsive” if the required information is not submitted by the date and time specified. Before submitting the RFQ response, the Professional Consultant shall make all investigations and examinations necessary to ascertain if any addenda were issued by the City’s Clerk Office. 6. INSURANCE: The Professional Consultant shall provide insurance coverage as follows: 0 Workers Compensation lnsurance to apply for all employees in compliance with the “Workers Compensation Law” of the State of Florida and all applicable Federal laws. In addition, the policy (ies) must include Employers’ Liability with limits of one hundred thousand dollars ($1 00,000.00) each accident, five hundred thousand dollars ($500,000.00) each disease and one hundred thousand dollars ($1 00,000.00) aggregate by disease. If the Professional Consultant is not an incorporated entity (Le., sole proprietorship / partnership), or leases employees under the alternate employee laws of the State of Florida, the City shall require a minimum premium policy meeting the aforementioned requirements even though not required by the Workers compensation laws of the State of Florida. Filed certificates of exemption forms will not meet these requirements. Comprehensive General Liability with minimum limits of ($500,000.00) five hundred thousand dollars. Such certificate shall list the City as additional insured. 0 Products/Completed Operations Liability with minimum limits of ($500,000.00) five hundred thousand dollars. NOTE: If Comprehensive General Liability limits are less than ($500,000.00) five hundred thousand dollars, the sum of Comprehensive General Liability limits and Excess Liability limits must equal no less than $500,000.00. Automobile Liability with minimum limits of ($1,000,000.00) one million dollars each occurrence. 0 Blanket Professional Liability Insurance, to include errors and omission coverage, with minimum limits of ($2,000,000.00) two million dollars. The required insurance coverage is to be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of A.M. Best’s lnsurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of Palm Beach Gardens shall be notified at least thirty (30) days in advance of cancellation, non-renewal, or adverse change. The receipt of Certificates or other documentation of insurance or policies or copies of policies by 9 the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of Professional Consultant’s obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Palm Beach Gardens. The Professional Consultant must submit a copy of its current Certificate of Insurance. The awarded Professional Consultant, on contract issuance, will name the City of Palm Beach Gardens as an additional insured and listed as such on the insurance certificate. New certificates of insurance are to be provided to the City at least fifteen (1 5) days prior to coverage renewals. 7. RECORDS AND AUDITS: The Professional Consultant shall maintain, during the term of the contract, all books of account, receipt invoices, reports, and records in accordance with generally accepted accounting practices and standards. The Professional Consultant shall maintain and make available such records and files for the duration of the contract and retain them beyond the last day of the contract term for the period of three (3) years. 8. DUTY TO UPDATE RECORDS: It shall be the responsibility of any individual or firm contracted by the City of Palm Beach Gardens for any Type(s) of Work to notify the City promptly of any substantive amendment to the information provided in this Request for Qualifications package submittal, as well as to update that information on an annual basis. C. SCOPE OF SERVICES: The Design Criteria Professional (DCP) with a team of highly qualified sub-consultants will provide programming, architectural, and engineering services to develop one (1) Design Criteria Packages for the City’s new Municipal Complex Emergency Operations and Communications Center (EOCC) to be located at 10500 N. Military Trail, Palm Beach Gardens, FL. The selection process shall be done pursuant to the Consultants’ Competitive Negotiation Act, Chapter 287.055 Florida Statutes, and as otherwise found herein. DesignIBuild will be the project delivery method for the EOCC and, therefore, by Florida Statute, the selected DCP shall be precluded as a participant in the Design/Build process. The DCP will provide professional consultant services to City staff during both design and construction phases. The new LEED Certified, or equivalent, EOCC will serve to centralize law enforcement communications, emergency dispatch services, and citywide information systems. The EOCC will be located between the existing Police Department building and City Hall. The new building will house state of the art information technology equipment and will be both designed and constructed up to DOE-STD-1020, wind Performance Category PC-4, and FEMA 361 standards. The DCP as the prime shall have listed in hidher qualifications, in addition to licensed architectural and engineering consultants, a team of specialty consultants including, at a minimum, the following: - Architectural Space Programming - Telecommunications (Telephone/Radio) - Audio Visual - Security/Electronics - Acoustics - Lighting - Information Technology - Intelligent Transportation Systems - 91 1 Public Safety Answering Point (PSAP) Services required will relate directly to all the tasks necessary to complete the Design Criteria Package. Associated tasks shall include, but not be limited to, verifying and updating the existing master plan, conceptual site planning, coordination of required Planning and Zoning requirements, programming and 10 implementation, prescriptive and performance standards for architectural design, lighting, fiber optics, civil/site engineering, landscape design, telecommunications, security, acoustical, audio visual, electrical engineering (generator/UPS), structural, mechanical, plumbing, HVAC, fire suppression, and building automation. Accuracy in estimating probable costs of construction is of importance to the City in the development of the Design Criteria Package. 1. SUBMIllAL CRITERIA: Proposer shall submit one (1) oriainal and six (61 codes in a clear, concise format, on 8 1/2" x 11" paper, in English. Each tabbed set shall contain all the information required herein to be considered for award. Omission of required data may be cause for disqualification. Any other information thought to be relevant, but not applicable to the enumerated sections, should be provided as an appendix to the proposal. If publications are supplied by a Proposer to respond to a requirement, the response should include reference to the document number and page number. Proposals not providing this reference will be considered to have no reference materials included in the additional documents. Proposals must be properly signed in ink by the owner/principal having the authority to bind the firm to this agreement. Proposers shall submit the following information as described in the sections below: Section 1: INTRODUCTION LETTER An introduction letter introducing the Professional Consultant including the corporate name (if applicable), address and telephone number of principal office, number of years in business and size of staff. Include a reproduction of Corporate Charter Registration, if applicable. Indicate the primary person responsible for this project. Introduction shall be signed by an individual authorized to bind the firm. Briefly state the Proposer's understanding of the services to be provided, and make a positive commitment to perform and complete the task. Identify sub consultants, if any, to be utilized and their role in the project. Section 2: FORMSlDOCUMENTATlON Complete in ink the Qualification for Types of Work Form with copies of resumes for each individual further detailing/confirming hidher type of work credentials, the General Information Submittal Form, Acknowledgement Form, and Drug Free Work Place Form attached to this RFQ. Include evidence of current license and registration to perform the specified services in the State of Florida. Include evidence of general liability insurance, professional liability insurance including errors and omissions coverage, and workers' compensation insurance. Include copies of the firm's most recent financial statements. 0 Section 3: PAST EXPERIENCE The proposal shall include past performance of Professional Consultant and sub consultants, if any, including the total number of similar public safety projects successfully completed on schedule and within budget. Demonstrate cost control performances on previous projects. Provide a minimum of three (3) references for which you provided a similar service within the past five years of the scope and nature required by this RFQ similar in size to the City of Palm Beach Gardens. These references must include, as a minimum: name of company, contact person, address, and telephone number. References shall include the general description of the project, the dates, and whether time lines were met. 11 Letters of Commendations or Recommendation may be included in this section. Section 4: UNDERSTANDING OF THE PROJECT AND PROJECT REQUIREMENTS The proposer shall describe their understanding of how to create a plan that 1 .) is unique, viable, reasonable and responsive and 2.) can be implemented by the City. Additionally, they shall address their understanding of any characteristics that are unique to this project. The proposer shall describe any factors viewed as a concern that may need to be addressed. Section 5: APPROACH AND IMPLEMENTATION The proposal shall describe how the project will be commenced, initial procedures, the collection of data for design, scheduling, time frames, quality control, safety, coordination and administration of the project. The proposal shall include a description of the proposed service, with any exhibits or documentation deemed essential, and shall address the following items in addition to those listed above: 0 Overall approach and methods to achieve the goals of the plan. Describe involvement of City staff; Describe the firm’s recent, current, and projected work load; Methodology intended to implement and accomplish the project; Key personnel on proposed team including project director, project manager, and other key staff assigned to the project. Section 6: CERTIFIED MINORITY BUSINESS ENTERPRISE Proof of the firm’s certification as Minority Business Enterprise (MBE) as provided by the Florida Small and Minority Business Assistance Act of 1985, if applicable, and/or proof of the firm’s certification as Disadvantaged Business Enterprise (DBE) as determined by the FDOT, if applicable. 2. RFQ SUBMllTAL REQUIREMENTS: All responses shall become the property of the City. The City will not reimburse respondent for any costs associated with the preparation and submittal of any responses. 0 Upon receipt, responses become “Public Records” and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. The City of Palm Beach Gardens Standard Operating Procedures, as amended and applicable laws of the State of Florida shall apply to this RFQ process and resulting contract. Respondents, their agents, and associates shall refrain from contacting or soliciting any City official regarding this Request for Qualifications during the selection process except those listed as contacts for clarification purposes. Failure to comply with this provision may result in disqualification of the respondent, at the option of the City. There shall be no discrimination as to race, sex, color, creed, age, handicaps, or national origin in the processing of this RFQ process or work resulting from its award. Due care and diligence have been exercised in the preparation of this Request for Qualifications, and all information contained herein is believed to be substantially correct. 12 However, the responsibility for determining the full extent of the services rests solely with those making responses. Neither the City nor its representatives shall be responsible for any error or omission in this response, nor for the failure on the part of the respondents to determine the full extent of the exposures. All timely responses meeting the criteria set forth in this Request for Qualifications will be considered. Each respondent is responsible for full and complete compliance with all laws, rules, and regulations, including those of the Federal Government, the State of Florida, and Palm Beach County. The City, at its sole discretion, reserves the right to waive minor informalities or irregularities in any response, to reject any and all responses in whole or in part, and to accept that response, if any, which, in its sole judgment, is in the best interest of the City. Any interpretation, clarification, correction, or change to this Request for Qualifications will be made by written addendum issued by the City. Any oral or other type of communication concerning this Request for Qualifications shall not be binding unless issued by the City in the form of a written addendum. Responses must be signed by an individual of the respondent's organization legally authorized to commit that organization to the performance of the advertised services. The successful respondent shall be required to submit proof of licenses or certifications as required by the City. The successful respondent shall be required to enter into a contract that will be provided by the City that substantially reflects the requirements of this Request for Qualifications and normal contract terminology. The City reserves the right to waive/adjust any minor inconsistencies between the Request for Qualifications, the finalized contract, resulting work authorization(s), and related purchase order(s). The successful respondent shall not be allowed to substitute project team members named in this response without the prior written permission of the City. Substitution may, in the sole opinion of the City, be grounds for non-selection, cancellation of selection, or termination of contract. All documents, including drawings and specifications prepared or furnished by Professional Consultant (and the independent professional associates and consultants or engineers of the Professional Consultant) pursuant to this Agreement, shall become owned by and be the property of the City, and the City shall thereby obtain ownership to any statutory common law and other reserved rights, thereto; however, such documents are not intended or represented to be suitable for reuse by the Owner on extensions of the Project or on any other project. Any such reuse, modification, or adaptation of such documents without written verification or adaptation by the Professional Consultant for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Professional Consultant. If required by the City, any such verification or adaptation will entitle the Professional Consultant to further compensation at rates to be agreed upon by the Owner and the Professional Consultant. A response may be disqualified if a respondent submits more than one response or if there is evidence of collusion. 13 0 In the instance of any expense reimbursement requests from the consultant, Section 112.061 of the Florida State Statutes, the uniform statutory method stating the exclusive method for reimbursing the travel and per diem expenses, shall be followed. The City promotes recycling and the use of “green” materials and expects Proposers to provide cost effective and functional methods to meet this objective in their proposals. 6. DESIGN MATERIALS: The copies or other tangible embodiments of all design materials, whether or not such materials are subject to intellectual property protection, including, but not limited to, documents, shop drawings, computer programs developed for the Project or if such programs are not the property of Professional Consultant the results of the use of them by the Professional Consultant, data, plans, drawings, sketches, illustrations, specifications, descriptions, models, the Design Development Documents, the Construction Documents, and any other documents developed, prepared, furnished, delivered, or required to be delivered by the Professional Consultant to the City under the Contract (collectively “DESIGN MATERIALS) shall be and remain the property of the City whether or not the Project or Work is commenced or completed; provided, however, that the City makes payment for the DESIGN MATERIALS in accordance with the Schedule of Values. During the term of the Contract, the Professional Consultant’s firm shall be responsible for any loss or damage to the DESIGN MATERIALS while the Materials are in the possession of the Professional Consultant or any of its sub consultants, and any such DESIGN MATERIALS lost or damaged shall be replaced or restored at the Professional Consultant’s expense. The intellectual property rights, if any, to the contents of or concepts embodied in the DESIGN MATERIALS shall belong to the Professional Consultant or its sub consultants in accordance with their contractual relationship and may be copyrighted by them in the United States or in any other country, or be subject to any other intellectual property protection. As to those DESIGN MATERIALS subject to copyright or as to which a patent or trademark or any other form of intellectual property protection has been, is or will be obtained, the Professional Consultant’s firm grants to the City as of the date that the DESIGN MATERIALS were delivered or required to be delivered to the City, a world-wide, paid-up, nonexclusive, nontransferable (except as provided) license for the term of intellectual property protection, for the City to use, reproduce and have reproduced, display, and allow others to display and to publish and allow others to publish, in any manner, at any time, and as often as it desires, without compensation to the Professional Consultant firm or any third party, subject to the following restrictions: (a) All copyright and other intellectual proprietary rights in or relating to any of the DESIGN MATERIALS shall remain the property of the Professional Consultant whether or not the Project is constructed. The Professional Consultant and sub consultants shall have the right to use any detail, part, concept, or system(s) shown on, specified in, or inferable from the DESIGN MATERIALS on any other project and to retain copies for the Professional Consultant’s future use. (b) The City shall be entitled to, at no additional cost to the City, use such Materials and documents at its own risk for additions, improvements, changes, or alterations to the Project after completion. If the Professional Consultant is in default under this Contract and the Contract is terminated, the City shall be entitled to use the DESIGN MATERIALS for completion of the Project by others without additional compensation, or a release, indemnification or other action by the City. (c) Any reproduction of the DESIGN MATERIALS or part of them shall be faithful and accurate to the original and of good quality. 14 (d) The City shall not remove or alter, and shall reproduce and prominently display on all copies made by the City, the copyright notice and other proprietary legends appearing on the DESIGN MATERIALS when delivered to the City. Ownership of DESIGN MATERIALS and Documents after final completion - As of the Date of Final Completion of the Project, or in the event of termination of the Contract, the Professional Consultant firm shall turn over to the City any of the DESIGN MATERIALS referred herein, which have not yet been submitted to the City. The Professional Consultant shall submit to the City four copies of the final record plans, signed and sealed by a registered engineer licensed by the State of Florida, as well as all related electronic documents in CADD format. In the event of the failure by the Professional Consultant to make such delivery as provided above, the Professional Consultant shall pay the City any damages, which the City may sustain from the failure, and the City shall have the additional right of specific performance. E. EVALUATION PROCESS The City will evaluate all RFQ submittals received based on the RFQ requirements. RFQ submittals shall be evaluated to determine which best meets the needs of the City based on the RFQ evaluation criteria stated herein. Award will be based on certain objective and subjective considerations, including, but not necessarily limited to: The City staff will review all RFQ response submittals and evaluate the top ranking qualifiers. A list of a minimum of three (3) firms will be developed. The determination shall be based upon the following criteria, and respondents shall provide, as a minimum, the information listed under each criterion. Failure to provide adequate information listed on any criterion may result in rejection of the proposal as non- responsive. Short List: Initial evaluation to short list proposals will be made by the Selection Committee on November 12, 2008. Short list award shall be made to the responsible and responsive Proposers whose proposal is determined to be the most advantageous to the City. The proposal shall be evaluated and the short list selection shall be made to the three firms with the highest score based on the following criteria: 1. Capabilityladequacy of firm's proposed staff or sub-consultants to be assigned to the project. (Max. points 25) 2. Firm's recent relevant experience on projects comparable to the City's project. (Max. points 30) 3. Evaluation of the firm's past City performance or performance with other agencies based on references from firm's clients. (Max. points 20) 4. Firm's size, capability and business ability relative to the City's project. (Max. points IO) 5. Location and ability to handle project workload. (Max. points IO) 6. Minority and/or Disadvantaged Business Enterprise Certification, if applicable. (Points 5) Maximum total points awarded: 100 points 15 Oral Presentation: The top three firms, as determined above, shall be requested to provide up to a thirty (30) minute oral presentation on their proposal to the Selection Committee on November 19, 2008, (Appointment Times TBD) in the Council Chambers at City Hall, 10500 N. Military Trail, Palm Beach Gardens, FL. The Selection Committee will evaluate the presentations in accordance with the criteria listed below: 0 0 Approach (Max. 5 points) Initial evaluation (Max. 5 points) Ability to meet schedule (Max. 5 points) Team qualifications (Max. 5 points) Similar projects & past performance (Max. 5 points) Maximum total points awarded: 25 points The City reserves the right to be the sole determination of responsiveness and responsibility of any RFQ submittals received. Professional Consultant must demonstrate that it has sufficient training and / or experience to fulfill the contract requirements of these professional architectural design services for the City of Palm Beach Gardens, Florida, as specified per contract, individual work authorizations and related purchase order. The evaluation process will be based on a review of all the information submitted, plus a review of references. The City reserves the right to visit and inspect Professional Consultant facilities and locations where Professional Consultant is currently providing professional consulting services in determining its capacity to perform the services contained in the RFQ. Final Award Final award shall be made pursuant to Consultant’s Competitive Negotiations Act. The City shall first negotiate with the Proposer having the highest points total from the oral presentation, as described above. If unsuccessful, the City shall go on to the next highest ranked Proposer, and, if unsuccessful in negotiations, then to the next Proposer. Nothing herein, however, shall prevent the City from rejecting any or all proposals. 16 QUALIFICATION FOR NPE(S) OF WORK FORM Name of Firm: Date: &t the qualified individual(s) by their respective type(s) of work specialty related to this Attach a resume for each individual further detailingkonfirming hidher type of work project. credentials. Name I I 17 GENERAL INFORMATION SUBMITTAL FORM RFQ NO.: 2008-010 TITLE: DESIGN CRITERIA PROFESSIONAL - MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER Complete as Applicable Firm Name: (As registered with Florida Secretary of State) Address: city: State: Zip Code: County: Tei: Fax: Web-site: Contact Person: E-mail: Name of Parent Company (if applicable): p3 Type of Firm: Corporation Partnership Individual Other If Corporation: Date incorporated: State Incorporated: Date Authorized in Florida: Name of President: IC If Partnership: Date Organized: Type: General Limited E Other Name(s) of Partner@): Florida Secretary of State Document No.: Florida State Board Certification(s) I applicable as follows - Professional Engineer’s Certificate No.: Date: Land Surveyor’s & Mapper’s Certificate No.: Date: Architecture & Interior Design Registration No.: Date: Landscape Architecture Registration No.: Date: Real Estate Commission Registration No.: Date: Firm Name: (As registered with Florida Secretary of State) 18 Federal Employer Identification No.: c Most recent financial statement attached: No Yes Blanket Professional Liability Insurance: No E Yes I@ Amount:$ Policy No.: Company: If yes: Attach a copy of certificate showing policy number, company, amount, and expiration date. If no: Attach commitment letter from insurance company that project liability insurance would be provided to the qualifier, or a commitment letter for a non-assignable, nontransferable, irrevocable letter of credit created pursuant to Chapter 287, Florida Statutes, in a minimum amount of $250,000.00. Type: E Does your flrm have a CADD system? No I hereby certify that the information contained in this package is true and correct to the best of my knowledge and that this firm is duly authorized to conduct business in the State of Florida. I further certify that neither the firm, nor any officer, director, employee of the firm or any of its affiliates have been criminally or civilly charged with antitrust criminal acts under State of Florida law which involved fraud, bribery, collusion, conspiracy, antitrust violations, or material misrepresentation with respect to a public contract, except for matters previously disclosed to the City of Palm Beach Gardens and filed in case no.(s) (if not applicable, enter N/A) with the Clerk of Agency Proceedings. I further certify that the employment practices of this organization fully comply with Title VI provisions of the 1964 Civil Rights Act. Signature Title Date List of Branch Offices in Florida Please include address, city, zip code, county, contact person, telephone number, and e-mail address. 19 ACKNOWLEDGEMENT FORM RFQ NO.: 2008-010 TITLE: DESIGN CRITERIA PROFESSIONAL - MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER To: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 3341 0 (Professional Consultant) agrees to provide DESIGN CRITERIA PROFESSIONAL SERVICES as defined in this Request for Qualifications document and in accordance with the requirements of the specifications and related work authorizationskontract documents. The undersigned Professional Consultant has carefully examined the RFQ requirements and related contract documents and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. The undersigned agrees to provide the DESIGN CRITERIA PROFESSIONAL SERVICES called for by the RFQ documents, in the manner prescribed therein and to the standards of quality and performance established by the City for the quality of service quoted. The undersigned agrees to the right of the City to hold the Request for Qualifications submittals and guarantees the future related proposals for a period not to exceed one hundred and twenty (120) days from the effective date of the contract term. The undersigned accepts the invoicing and payment policies specified in the RFQ. Upon award of this RFQ, the City and Professional Consultant each binds himself, itself, or herself, its partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements, and obligations contained in the RFQ Documents. The RFQ Document constitutes the entire agreement between City and Qualifier/Consultant and may only be altered, amended, or repealed by a Change Order or a written amendment. The Professional Consultant, by signing these RFQ Submittal pages, acknowledges and agrees to abide by all the terms, conditions, and specifications contained in this RFQ Document. Professional Consultant shall provide DESIGN CRITERIA PROFESSIONAL SERVICES within calendar days from receipt of Purchase Order or Work Authorization/Notice to Proceed. Dated this day of (Month) (Year) ENTITY (Signature) (Print name) 20 Telephone: ( ) Fax: ( ) Social Security Number (OR) Taxpayer Identification Number (TIN): By: I (Signature) (Print name) Address: Telephone: ( ) Fax: ( ) Taxpayer Identification Number (TIN/EIN): State Under Which Corporation Was Chartered: Corporate President: (Print Name) Corporate Secretary: (Print Name) Corporate Treasurer: (Print Name) CORPORATE SEAL Attest By: Secretary Signature: Date: 21 DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more qualifications which are equal with respect to price, quality, and service are received by the City for the procurement of a DESIGN CRITERIA PROFESSIONAL, a qualification received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie qualifications will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. 2. 3. 4. 5. 6. 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. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing these services that are part of this RFQ a copy of the statement specified in subsection (1 ). In the statement specified in subsection (l), notify the employees that, as a condition of working on the DESIGN CRITERIA PROFESSIONAL SERVICES that are under the RFQ submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. Make a good-faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Company Name: Signature: Print Name: E-mail Address: Phone I Fax #: 22 Resolution 3, 2009 EXHIBIT “B” AGREEMENT FOR DESIGN CRITERIA PROFESSIONAL FOR THE MUNICIPAL COMPLEX EMERGENCY OPERATION AND COMMUNICATION CENTER Between CITY OF PALM BEACH GARDENS and HARVARD JOLLY, INC. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of 2009, by and between the City of Palm Beach Gardens, whose address is 10500 Noih Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter referred to as “CITY”) and Harvard Jolly, Inc.-(hereinafter referred to as “CONSULTANT), a Florida corporation, whose address is 3201 West Commercial Boulevard, Suite 225, Fort Lauderdale, Florida 33309. WHEREAS, the CITY selected the CONSULTANT pursuant to Request for Qualifications No. 2008-01 0 and the Consultants Competitive Negotiations Act, F.S. 287.055, to perform certain professional services as more particularly provided for below for the Municipal Complex Emergency Operations and Communications Center (“Project”); and WHEREAS, the CONSULTANT represents it is capable and prepared to provide the services provided for in this Agreement. NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 EFFECTIVE DATE 1 .I. The effective date of this Agreement shall be the date stated above. 1.2 The term of this Agreement shall be for an indefinite period of time, subject however to appropriation of funding and except that it may be terminated as otherwise provided for herein. The parties hereto understand that time is of the essence. ARTICLE 2 SCOPE OF SERVICES 2.1 PROJECT DESCRIPTION AND PROFESSIONAL REQUIREMENTS 2.1.1 For the purposes of this Agreement, the term Project shall include all areas of proposed improvements, all areas which may reasonably be judged to have an impact on the Project, all Project development phases, and the services and activities attendant thereto. It is not the intent of this Agreement to identify the exact limits or details involved in providing satisfactorily completed Project documents. The CONSULTANT shall provide the following professional architectural, engineering, and other applicable services, as required, to develop a Design Criteria Package for the Municipal Complex Emergency Operations and Communications Center (EOCC) and related ancillary facilities. 2.1.2 The scope of services for this Project is the preparation of a Design Criteria Package, as more defined in F.S. 287.055 for the Municipal Complex Emergency Operations and Communications Center, as well as providing professional consulting services during the design and construction phases as is more particularly provided for below. 1 2.1.3 In performing all services required in this Agreement, the CONSULTANT shall take into account the existing facilities and possible future facilities, their intended uses, and services to the users and public, all within the defined area of land available to the Project. Such items shall include, but not be limited to operational planning, transferring existing information and technology systems from existing facilities, and coordination issues between the Design/Build team and the other contractors and / or consultants hired by the CITY. The CONSULTANT shall take into consideration existing site conditions and future expansion. Further, the CONSULTANT shall utilize Leadership in Energy and Environmental Design (LEED) or equivalent Green Building requirements and solutions. The Design Criteria Package shall validate recommendations made by the following departments: Police Department, Fire Department, Information Technology (IT) Department, Public Works, and such other departments as the CITY designates. 2.1.4 The Design Criteria Package shall include conceptual drawings and documentation as required to convey with clarity and detail the scope and features of the Project. The Design Criteria Package for the EOCC shall identify, define, and describe in detail the specific requirements for the design, construction, phasing, scheduling, and cost of the facilities. However, the scope only includes conceptual graphics of architectural and landscape design. All engineering systems will be described as performance specifications, not graphic designs. The Design Criteria Package shall identify and describe the levels of wind performance criteria for the various building components of the EOCC and ancillary facilities. The CONSULTANT shall endeavor to meet the CITY'S intended schedules for design and construction. 2.1.5 This Project will require architectural, civikite engineering, landscape design, telecommunications, security, acoustical, audio visual, electrical, lighting, structural, mechanical, plumbing, fire protection, building automation, cost estimating services, information technology, and knowledge of 91 1 Public Safety Answering Point (PSAP), which shall be addressed in the Design Criteria Package, and other Phases of the Project herein. 2.1.6 Proiect Phases. The CONSULTANT will complete the Project in four phases as described below. Specific services to be provided are described in Article 3. 0 Phase 1 - Design Criteria Phase 0 Phase 2 - Qualifications and Proposal Phase 0 Phase 3 - Design Administration Phase 0 Phase 4 - Construction Phase 2.2 C 0 N S U LTI N G RES P 0 N S I B I L IT1 ES 2.2.1. It is the intent of the CITY that the CONSULTANT is held accountable for its work, including the preparation of the Design Criteria Package and other Phases referenced herein. 2 2.2.2 The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct its errors and omissions without additional compensation. Acceptance of the work by the CITY shall not relieve the CONSULTANT of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. 2.2.3 The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete the Agreement, none for whom shall be employees of or have any contractual relationship with the CITY. Primary liaison with the CITY will be through the CONSULTANT'S Project Director. All of the services required hereunder will be performed by the CONSULTANT or under the CONSULTANT'S supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services. 2.2.4 The CONSULTANT shall endorse all reports, calculations, contract plans, renderings, schematics, and design criteria performed by CONSULTANT. Services shall be prepared under the direction of an architecffengineer registered in the State of Florida and qualified in the required discipline. Products of services performed shall be signed and sealed by the CONSULTANT'S Florida registered architecffengineer, if applicable. 2.2.5 The CONSULTANT shall be responsible for the preparation of the Project design schedule, which shows a breakdown of all tasks to be performed, and their relationship achieving the completion of each phase of work. A bar chart schedule showing overall Project time frames should also be prepared. These schedules must be submitted for CITY approval within ten (IO) days of the initial Project Notice to Proceed. These schedules will be used to verify CONSULTANT performance in relationship to fees claimed, and to allow the CITY'S Project Director to monitor the CONSULTANT'S efforts. The CONSULTANT shall be responsible for any updates to these schedules and for documenting in writing to the CITY any major deviations in the actual versus estimated Project time frames. 2.2.6 The CONSULTANT shall respond, in writing, to all review comments made by the CITY, and shall incorporate appropriate design adjustments into the Project in a timely manner resulting from the review exchange. 2.3 GENERAL DESIGN CONDITIONS 2.3.1 The CONSULTANT shall coordinate and solicit appropriate input with the knowledge of the CITY'S Project Director or designee and all affected user agencies. 2.3.2 All design criteria, including but not limited to plans, data, and drawings shall be delivered on CD ROM formatted to DWG utilizing AutoCAD Release 2000 or later, as well as providing hard copies of the Design Criteria Package together with any conceptual drawings and other required documents. All specifications and other documents shall be delivered on CD ROM, Windows XP format, as well as reproducible hard copies. 3 2.3.3 The CONSULTANT shall develop acceptable alternates to any and all design recommendations, which shall be reviewed and approved or rejected by the CITY'S Project Director or designee. 2.4 GOVERNING SPECIFICATIONS, REGULATIONS, and PERTINENT DOCUMENTS 2.4.1 The Project shall be designed by the CONSULTANT in accordance with applicable industry standards, all laws, rules, regulations, codes, ordinances, directives, and guidelines, whether federal, state, or local. The CONSULTANT shall be responsible for utilizing and maintaining current knowledge of any laws, ordinances, codes, rules, regulations, standards, guidelines, directives, special conditions, specifications, or other mandates relevant to the Project or the services to be performed. Further, the CONSULTANT shall familiarize itself with regard to all site conditions and any impacts on design herein and construction of the Project. ARTICLE 3 SERVICES TO BE FURNISHED BY THE CONSULTANT 3.1 Professional services shall be provided by the CONSULTANT as required to develop a complete Design Criteria Package in accordance with the architecturaVengineering proposal submitted by Harvard Jolly, Inc., attached hereto as Exhibit A, and shall include but not be limited to the following: 3.2 DESIGN CRITERIA PHASE 3.2.1 The CONSULTANT shall prepare a Design Criteria Package consisting of concept drawings, performance specifications, and other documents illustrating the scale and relationship of the Project components. The Design Criteria Package shall include, but not be limited to the following: interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the Project, construction budget estimates, design and construction schedules, site development requirements, provisions for budget estimates, design and construction schedules, site development requirements, .provisions for utilities, and storm water retention and disposal applicable to the Project. The CONSULTANT shall take into consideration redundancy in the requirements of critical items such as electric and power back up, sewage, etc. for the Design Criteria Package. 3.2.2 The CONSULTANT shall meet with the CITY to review the Design Criteria Package and the CITY'S comments. Directions for items to be included in the final Design Criteria Package will be identified. 3.2.3 The CONSULTANT shall provide a record memorandum for the CITY'S approval. The Design Criteria Phase shall be deemed completed when the review meeting record memorandum action items have been addressed by the CONSULTANT, and the Design Criteria Package has been accepted by the CITY as provided herein. 4 3.3 QUALIFICATIONS AND PROPOSAL PHASE 3.3.1 The CONSULTANT services under the Qualifications and Proposal Phase shall begin with the completion of the Design Criteria Package and acceptance by the CITY in writing and as provided for herein. The CONSULTANT shall assist the CITY in preparing the solicitation and acceptance of a DesigdBuilder pursuant to the CITY'S Request for Proposal process. The Qualification and Proposal Phase will be considered complete once a Design/Build Agreement has been executed by a separate Design/Build firm. The Design/Build Agreement shall include the following unless the parties mutually agree otherwise: a proposed lump-sum price for the completion of the construction documents, all permitting and construction of the Project, monthly updated Project schedules, and a date of Substantial Completion of the Project. The CITY will also require the Design/Builder and its architect and engineers to provide evidence of their experience in designing and constructing recent Emergency Operation Centers (EOC) and 91 1 Communications/Dispatch projects. The selection will be based on qualifications being the first priority and cost being a secondary consideration. 3.3.2 The Services that the CONSULTANT shall perform include, but are not limited to, the following elements: Public Advertisement, which shall be posted by the CITY, and Scope of Work, which includes but is not limited to the Design Criteria Package and alternatives. 3.3.3 The CONSULTANT shall review qualifications of short-listed firms considering among other things, all Consultant's Competitive Negotiation Act (CCNA) requirements. The CONSULTANT shall prepare a summary evaluation of each of the short-listed firms. 3.3.4 The CONSULTANT shall attend and participate in the evaluation and interviews with the CITY to clarify Project scope questions. 3.3.5 The CONSULTANT shall assist with the presentation to CITY Council for the recommendation of a DesigdBuilder and related Agreement award. 3.4 DESIGN ADMINISTRATION PHASE 3.4.1 The CONSULTANT services under the Design Administration Phase shall begin with the pre-design meeting and will be considered complete upon the CITY'S approval of all design plans developed by the DesigdBuilder. 3.4.2 Design Meetings. The CONSULTANT shall attend the Design/Builder/CITY design meetings at 50% and 100% intervals, and review meeting minutes provided to the CONSULTANT. Meetings in excess of these two shall be an additional service to be invoiced at hourly rates. 3.4.3 CONSULTANT shall review comments and / or approve all required submittals of the DesignlBuilder, requested substitutions, respond to Design/Builder request(s) for information (RFI) as requested by the CITY, and evaluate and make recommendations to the CITY regarding the Design/Builder pricing proposals, cost estimates, and design services as it relates to established design criteria. 5 3.4.4 The CONSULTANT shall attend and participate at one Planning, Zoning and Appeals Board meeting and one CITY Council meeting as required for site plan approvals, if required. Further, the CITY may require additional meetings the cost of which both parties understand is part of the additional services to be invoiced hourly. 3.5 CONSTRUCTION PHASE 3.5.1 All contact and / or communication from the CONSULTANT to the Design/Builder shall be coordinated with the knowledge of the CITY'S Project Director. Refer to Exhibit A for further clarification of this section. The CONSULTANT shall: A. B. C. D. E. F. G. Review selective shop drawings, product data, samples, and other submittals as determined by the CONSULTANT for conformance with the established design criteria. Conduct construction field observations consisting of visits to the site once every month to become generally familiar with the progress, quality of the work, and to determine in general if the work is proceeding in accordance with the Contract Document and established design criteria. The CONSULTANT shall provide written reports of each visit. This field observation requirement shall include any subconsultants at appropriate construction points. Site visits and meetings in excess of once every month shall be an additional service invoiced at hourly rates. Review for comment or approval selective proposal requests, supplemental drawings, information requests, and change orders as determined by the CONSULTANT. Review selective supplemental drawings, specifications, and interpretations as determined by the CONSULTANT in response to requests for clarification by the DesigdBuilder or the CITY as required by construction exigencies. Response to any request must be received by the CITY within seventy-two (72) hours of request, or the next available working day. Notify the CITY of any deficiencies found in follow-up-reviews. Document noted defects or deficiencies and assist the CITY in preparing instructions to the Design/Builder for correction of noted defects. May assist the CITY with review of construction change directives, change orders, requests for information (RFI), and pay requests. 6 3.6 PROVISIONS RELATED TO ALL PHASES 3.6.1 All contact and/or communication from the CONSULTANT shall be coordinated with the knowledge of the CITY'S Project Director. 3.6.2 The CONSULTANT shall submit to the CITY design notes and computations to document the design conclusions reached during the development of the Design Criteria Package. A. One (1) electronic copy and one (1) hard copy of the design notes and computations shall be submitted to the CITY with the design criteria review plans. When the plans are submitted for final review, the design notes and computations corrected for any CITY comments shall be resubmitted. At project completion, a final set of the design notes and computations, properly endorsed by the CONSULTANTl shall be submitted with the record set of criteria documents. B. The design notes and calculations or criteria shall include, but not be limited to, the following data: 1) 2) Lighting 3) Structural 4) Drainage 5) Acoustical 6) HVAC 7) Roof 8) Electrical 9) Florida Energy Conservation Manual (Department of General Services), latest revision. IO) Probable cost comparisons of various alternatives considered. 1 1 ) Documentation of decisions reached resulting from meetings, telephone conversations, or site visits. 12) Other Project-related correspondences as appropriate. Design criteria used for the Project 3.6.3 Each set of plans for the Project shall be accurate, legible, conceptual in design, intent, and drawn to scales acceptable to the CITY. The conceptual plans shall be furnished in a format which is acceptable to the CITY. 3.6.4 The CONSULTANT shall make such review, visits, attend such meetings and conferences, and make such contacts as are necessary for the proper preparation of criteria documentation of the Project. 3.6.5 The CITY in no way obligates itself to check the CONSULTANT'S work and further is not responsible to maintain Project schedules. 7 3.6.6 The CONSULTANT shall also be responsible for reviewing the adequacy and completeness of documents submitted by the Design/Builder to protect the CITY against claims by suppliers or third parties. 3.6.7 The CONSULTANT must be familiar with the intent, thoroughness, safety factors, and design assumptions of all structural calculations provided by the CONSULTANT. ARTICLE 4 SERVICES TO BE FURNISHED BY THE CITY 4.1 The CITY shall provide the following for the CONSULTANT'S use and guidance: A. Copies of existing maps, existing aerial photographs, existing construction plans, and data of the Municipal Complex that is pertinent to the Project design. B. Sample copies of the CITY'S standard contract documents and specifications. C. Preparation of legal (front-end) articles of the specifications. D. Existing EOCC program plans, planning workshop summary, and concept plans. E. Survey. F. Geotechnical soils investigation and foundation recommendations report. ARTICLE 5 PRESENTATION, PUBLIC MEETINGS, AND TECHNICAL LIAISON 5.1 to the CITY: The following services shall be provided by the CONSULTANT at no additional cost A. Prior to the commencement of design activities, the CITY will conduct with the CONSULTANT a pre-design conference for the purpose of discussing issues relative to the Project, Design Criteria Package and plans preparation, and submittal procedures, and to convey to the CONSULTANT such items provided for under Article 4, as may be required and available at the time. B. The CONSULTANT shall make presentations to the CITY'S Project Director as often as reasonably requested and at any point in the Project development should issues arise, other than those listed elsewhere in this Agreement. C. The CONSULTANT shall participate in monthly Project conferences with CITY personnel. The meetings will be scheduled by the CITY at a location provided by the CITY. a D. If CITY representatives are not in attendance during any meeting/gathering related to the Project where the CONSULTANT is present, the CONSULTANT shall keep accurate minutes and distribute copies to all attending and to the CITY'S Project Director. ARTICLE 6 ADDITIONAL SERVICES 6.1 Any additional services will be in the form of a Work Authorization. Each Work Authorization will set forth a specific Scope of Services, amount of compensation, a completion date, and shall be approved by the CITY Manager or his or her designee or the CITY Council as the case may be. The parties hereto, however, recognize that they shall comply with all laws, rules, regulations, codes, ordinances, guidelines and directives, whether state, federal, local, or CITY'S, including all Purchasing Policies which are applicable to changes in Scope. 6.2 Additional Services shall include, but not be limited, to the following: A. Meetings in excess of the two outlined in paragraph 3.3.4 concerning Site Plan approval. B. Site visits and meetings during construction in excess of one per month as outlined in paragraph 3.4.2. C. The CONSULTANT attendance, as technical advisor to the CITY, at meetings or hearings conducted by other agencies or public bodies in connection with the construction of the Project. The CONSULTANT shall prepare all presentation aids, documents, and data required in connection with such meetings or hearings, and, at the discretion of the CITY, shall either plead the CITY'S case or provide engineering and technical assistance to the CITY in its pleading of the case. ARTICLE 7 COMPENSATION 7.1 For all services provided for in this Agreement, with the exception of any additional services not otherwise provided for in this Agreement, the CITY agrees to pay the CONSULTANT as follows: A. A lump-sum fee of Ninety-Seven Thousand Five Hundred Fifty Three and 00/100 Dollars ($97,553.00) for the Design Criteria Phase of the Project. B. A lump-sum fee of Sixteen Thousand Two Hundred and 00/100 Dollars ($16,200.00) for the Qualification and Proposal Phase of the Project. C. A lump-sum fee of Ten Thousand Eight Hundred Nine and 00/100 Dollars ($1 0,809.00) for the Design Administration Phase of the Project. 9 D. A lump-sum fee of Seventeen Thousand One Hundred Eighty-Eight and 001100 Dollars ($1 7,188.00) for the Construction Phase of the Project and close-out. 7.2 The above fees shall constitute the total not-to-exceed amount of One Hundred Forty-One Thousand Seven Hundred Fifty and 0011 00 Dollars ($1 41,750.00) to the CONSULTANT for the performance of the above services. 7.3 Any additional services hereunder shall be mutually agreed to by the parties based upon an hourly rate schedule attached hereto as Exhibit “B” and by this reference incorporated herein or by a mutually agreed to lump sum fee, which shall be in writing. 7.4 In the event that this Agreement is terminated under the provisions of the contract, the total and complete compensation due the CONSULTANT shall be as established by the CITY based on the CITY’S determination of the percentage of work effort completed to date of termination. This determination shall be final and not subject to any appeal. 7.5 Invoicing 7.5.1 The CONSULTANT may submit invoices for fees earned on a monthly basis. Such invoicing shall be supported by a Progress Report showing the actual tasks performed and their relationship to the percentage of fee claimed for each phase. Billings within each phase of work shall be for the percentage of work effort completed to date for the phase. The CITY shall make payments to the CONSULTANT for work performed in accordance with the Local Government Prompt Payment Act, F.S. 218.70 et. seq. 7.5.2 Should an invoice amount for fees earned appear to exceed the work effort believed to be completed, the CITY may, prior to processing of the invoice for payment, require the CONSULTANT to submit satisfactory evidence to support the invoice. 7.5.3 All progress reports and invoices shall be mailed to the attention of Dan Reidy, Project Director, 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0. 7.5.4 Invoices not properly prepared (mathematical errors, billing not reflecting actual work performed, signatures, etc.) shall be returned to the CONSULTANT for correction. 7.5.5 Fees for Additional Services authorized via Work Authorization shall be invoiced separately, and shall be due and payable in full upon the presentation of satisfactory evidence that the corresponding services have been performed. No work herein however, shall be done without approval of such Work Authorization executed and approved by the CITY. SECTION 8 PERFORMANCE SCHEDULE 8.1 Time is of the essence in the Agreement. The CONSULTANT shall plan and execute the performance of all services for this Agreement in such a manner as to insure their proper and timely completion in accordance with the following schedule attached hereto as Exhibit “C” and by reference incorporated herein. 10 8.2 from the CITY of a written “NOTICE TO PROCEED”. The services to be rendered by the CONSULTANT shall commence upon receipt 8.3 of the CITY’S “NOTICE TO PROCEED”. The Design Criteria Package shall be submitted to the CITY within -ninety (90) days 8.4 The CONSULTANT shall not be held responsible for delays in the completion of the Project design when the CITY causes such delays. The CITY reviews related to the above submittals shall not exceed twenty-one (21) days. The CONSULTANT shall not be responsible for the CITY review time or how it affects the Project schedule. ARTICLE 9 INS U RAN C E 9.1 During the performance of the Services under this Agreement, the CONSULTANT shall maintain the following insurance policies written by an insurance company authorized to do business in Florida: A. General Liability Insurance with each occurrence limits of not less than Two Million Dollars ($2,000,000), personal injury / general liability of not less than Two Million Dollars ($2,000,000), and general aggregate of not less than Two Million Dollars ($2,000,000). B. Workers’ Compensation Insurance as required by law. The policy must include Employer’s Liability with a limit of One Hundred Thousand Dollars ($1 00,000) for each accident, Five Hundred Thousand Dollars ($500,000) disease policy limit, and One Hundred Thousand Dollars ($1 00,000) disease each employee. C. Professional Liability Insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence with an annual aggregate of Three Million Dollars ($3,000,000). D. Auto Liability Insurance for Owned, Non-Owned and Hired Vehicles of not less than One Million Dollars ($1,000,000) per occurrence with an annual aggregate of Two Million Dollars ($2,000,000). 9.2 Deductible amounts shall not exceed five percent (5%) of the total amount of required insurance in each category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the certificate(s) of insurance. The CONSULTANT shall further notify the CITY in writing regarding the same. 9.3 The CONSULTANT shall furnish the CITY certificates of insurance which shall include a provision that policy cancellation, non-renewal, or reduction of coverage will not be effective until at least thirty (30) days written notice has been made to CITY. The CONSULTANT shall include the CITY as an additional insured on the General Liability Insurance policy and Owned, Hired, and Non-Hired Vehicles Insurance Policy required by the Agreement. 11 9.4 The CONSULTANT shall not commence work under this Agreement until all insurance required as stated herein has been obtained, and such insurance has been approved by the CITY. ARTICLE 10 STANDARD OF CARE 10.1. The CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a comparable professional under similar circumstances, and the CONSULTANT shall, at no additional cost to the CITY, re- perform the Services which fail to satisfy the foregoing standard of care. The CONSULTANT warrants that all Services shall be performed by skilled and competent personnel to the highest professional standards in the field. ARTICLE 11 INDEMNIFICATION 11.1 GENERAL 1 1.1.1 Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, the CITY and the CONSULTANT agree to allocate such liabilities in accordance with this Article. 11.2 INDEMNIFICATION 11.2.1 The CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY, its employees, and representatives from any and all claims and liabilities, including all reasonable attorney’s fees and court costs, including appeals, for which the CITY, its employees, and representatives can or may be held liable as a result of injury to persons or damage to property occurring by reason of any negligent acts or omissions or willful misconduct of the CONSULTANT, its employees, or agents arising out of or connected with this Agreement. The CONSULTANT shall not be required to indemnify the CITY or its agents, employees, or representatives when an occurrence results from the wrongful acts or omissions of the CITY or its agents, employees, or representatives. The indemnification herein shall be subject to applicable Florida Statutes. 11.3 SURVIVAL 11.3.1 Upon completion of all Services, obligations, and duties provided for in this Agreement or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 12 INDEPENDENT CONTRACTOR 12.1. The CONSULTANT undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such performance. The CONSULTANT shall work closely with the CITY in performing Services under this Agreement. 12 ARTICLE 13 COMPLIANCE WITH LAWS 13.1 In performance of the Services, the CONSULTANT will comply with applicable regulatory requirements, including all federal, state, and local laws, rules, regulations, orders, codes, criteria, directives, guidelines, and standards. ARTICLE 14 SUBCONSULTING 14.1 The CITY reserves the right to accept the use of a subconsultant or to reject the selection of a particular subconsultant. If a subconsultant fails to perform or make progress as required by this Agreement, and it is necessary to replace the subconsultant to complete the work in'a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new subconsultant by the CITY. ARTICLE 15 FEDERAL AND STATE TAXES 15.1 The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the CITY will provide an exemption certificate to the CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be authorized to use the CITY'S Tax Exemption Number in securing such materials. ARTICLE 16 AVAILABILITY OF FUNDS 16.1 funds lawfully appropriated for its purpose by the CITY. The obligations of the CITY under this Agreement are subject to the availability of ARTICLE 17 TERMINATION OF AGREEMENT 17.1 This Agreement may be terminated by the CONSULTANT upon thirty (30) days' prior written notice to the CITY in the event of substantial failure by the CITY to perform in accordance with the terms of the Agreement through no fault of the CONSULTANT. It may also be terminated by the CITY, with or without cause, upon thirty (30) days' written notice to the CONSULTANT. Unless the CONSULTANT is in breach of this Agreement, the CONSULTANT shall be paid for Services rendered to the CITY'S satisfaction through the date of termination. After receipt of a Termination Notice, and except as otherwise directed by the CITY, the CONSULTANT shall: A. B. C. D. Stop work on the date and to the extent specified. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. Transfer all work in process, completed work, and other material related to the terminated work to the CITY. Continue and complete all parts of the work that have not been terminated. 13 17.2 The CONSULTANT shall be paid for Services actually rendered to the date of termination. ARTICLE 18 UNCONTROLLABLE FORCES 18.1 Neither the CITY nor the CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquake, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental action. 18.2 Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 19 GOVERNING LAW AND VENUE 19.1 The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County, Florida, and the Agreement will be interpreted according to the laws of Florida. ARTICLE 20 NON-DISCRIMINATION 20.1 The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age, or national origin. ARTICLE 21 WAIVER 21.1 A waiver by either the CITY or the CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 14 ARTICLE 22 SEVERABILITY 22.1 The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22.2 The provisions of this Article shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. ARTICLE 23 ENTIRETY OF AGREEMENT 23.1 The CITY and the CONSULTANT agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between the CITY and the CONSULTANT pertaining to the Services, whether written or oral. None of the provisions, terms, and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 24 MODIFICATION 24.1 parties. This Agreement may be modified only by a written amendment executed by both ARTICLE 25 SUCCESSORS AND ASSIGNS 25.1 The CITY and the CONSULTANT each binds itself and its partners, successors, assigns, and legal representatives to the other party to this Agreement and to its partners, successors, executors, administrators, assigns, and legal representatives. The CONSULTANT shall not assign this Agreement without the express written approval of the CITY via executed amendment. ARTICLE 26 CONTINGENT FEES 26.1 The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. IC ARTICLE 27 TRUTH-IN-NEGOTIATION CERTIFICATE 27.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a Truth-In-Negotiation Certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 27.2 The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this “Certificate” within one (1) year following payment. ARTICLE 28 OWNERSHIP OF DOCUMENTS 28.1 Any and all documents, records, disks, or other information shall become the property of the CITY for its use and / or distribution as may be deemed appropriate by the CITY. ARTICLE 29 ACCESS AND AUDITS 29.1 The CONSULTANT shall maintain adequate records to justify all charges and costs incurred in performing the Services for at least three (3) years after completion of this Agreement. The CITY shall have access to such books, records, and documents as required in this Article for the purpose of inspection or audit during normal working business hours at the CONSULTANT’S place of business. ARTICLE 30 NOTICE 30.1 Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to the CITY: As to the CONSULTANT: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Attention: Dan Reidy Harvard Jolly, Inc. 3201 W. Commercial Blvd., Suite 225 Ft. Lauderdale, FL 33309 Attention: Jack Williams, Jr., AIA 30.2 Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received; however, facsimile transmissions received (Le., printed) after 500 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. 16 30.3 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of the CONSULTANT and the CITY. ARTICLE 31 CONTRACT ADMINISTRATION 31.1 Services of the CONSULTANT shall be under the general direction of the Project Director or hidher designee, who shall act as the CITY'S representative during the term of the Agreement, which shall also be deemed the Project Manager for the CITY. ARTICLE 32 KEY PERSONNEL 32.1 The CONSULTANT shall notify the CITY in the event of key personnel changes which might affect this Agreement. Notification shall be made within ten (IO) days of said changes. The CITY has the right to reject proposed changes in key personnel. The following personnel shall be considered key personnel: all the principals of the CONSULTANT. ARTICLE 33 CONFIDENTIALITY 33.1 No reports, information, computer programs, documentation, and/or data given to or prepared or assembled by the CONSULTANT under this Agreement shall be made available to any individual or organization by the CONSULTANT without prior written approval of the CITY. The parties hereto, however, understand that this provision is subject to F.S. 119.01 et. seq. ARTICLE 34 CONFLICT OF INTEREST 34.1 Agreement shall be immediately brought to the attention of the CITY. Any actual or potential conflict between existing clients and responsibilities under this 34.2 The CONSULTANT shall promptly notify the CITY in writing of all potential or actual conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the CONSULTANT'S judgment or quality of the Services. The notice shall identify the prospective business association, interest, or circumstance and the nature of work that the CONSULTANT wants to undertake and request the CITY'S response as to whether the association, interest, or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY agrees to notify the CONSULTANT of its opinion within thirty (30) days of receipt of notification by the CONSULTANT. If, in the opinion of the CITY, the prospective business association, interest, or circumstance would not constitute a conflict of interest by the CONSULTANT, the CITY shall so state in its response, and the association, interest or circumstance shall not be deemed to be a conflict of interest with respect to the Services . 17 ARTICLE 35 DELETING OF WORK 35.1 The CITY reserves the right, but not the obligation to remove any services herein. The CONSULTANT shall not be entitled to claims for loss of profits or any other claims for damages. The CITY shall pay the CONSULTANT for any services accepted by the CITY as satisfactorily performed to the extent the CONSULTANT has commenced a deleted Phase. ARTICLE 36 DRAFTOR THEORY 36.1 This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. (The remainder of this page left intentionally blank) 18 IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this Agreement as of the day and year first above written. CITY OF PALM BEACH GARDENS By: Eric Jablin, Mayor ATTEST: (SEAL) By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY A By: HARVARD JOLLY, INC. WITNESSES: (CORPORATE SEAL) G:\attorney-share\AGREEMENTS\DCP Agreement.doc 19 EXHIBIT A DETAILED PROPOSAL OF SERVICES The Municipal Complex Emergency Operations and Communications Center project generally consists of a new 10,000 square foot building with a total project budget of $3,564,737. The scope of services include conceptual architectural design. Performance specifications will be provided for civilkite engineering, telecommunications, security, acoustical, audio visual, electrical, lighting, structural, mechanical, fire protection, building automation, cost estimating, information technology, 91 1 Public Safety Answering Point. These services will be provided as follows: Phase 1 - Desiqn Criteria Phase Programming will include a space needs assessment based on interviews with key City staff. This assessment will include a listing of all required spaces, the function of the space, the square footage of each room, required adjacency to other rooms, room finishes, furniture and equipment, special environmental features such as HVAC, lighting, electrical or communications. Strategies to insure safety, security and survivability of the facility will be developed based on the City’s specific needs. Schematic design to include site design, floor plans, building elevations, narrative specification and cost estimate. Performance specifications will be provided for mechanical, electrical, plumbing and fire protection systems. Design of these systems is not included. Based on approved schematic design, proceed with design development phase to include selection of major building materials, site plan, floor plans, building elevations, finish schedule, landscape plan, project specifications and statement of probable cost. Define “green building” design criteria based on obtaining LEED (Leadership in Energy and Environmental Design) certification by the DesignlBuilder in accordance with state statutes. The implementation of an Intelligent Transportation System is undefined and therefore not included in this proposed scope of work unless requested by the City as additional services. Structural design to include performance criteria to establish wind load criteria, appropriate importance factor and impact criteria. 1 Site and Civil design to include performance criteria for utility services and redundancy. Site design phase include coordinating efforts with City’s site plan review process. Since parking and drive improvements are beyond the scope of this project, traffic concurrency is excluded. Drainage design and water management permitting (SFWMD) is not included. Phase 2 - Qualifications and Proposal Phase Assist the City in preparing the solicitation and acceptance of a Design/Builder. Respond to bidders questions during proposal phase. Review qualifications of short-listed firms and prepare a summary evaluation. Participate in the evaluation and interviews with the City to clarify Project scope. Assist with the presentation to City Council for the recommendation of a DesignlBuilder. Phase 3 - Desiqn Administration Phase Attend pre-design meeting, design meetings, review meeting minutes, review submittals and requested substitutions, respond to request for information. Evaluate and make recommendations to the City regarding proposals, cost estimates and design services related to the design criteria package. Attend and participate at Planning and Zoning Board Meeting and City Council meeting for site plan approvals. Phase 4 - Construction Phase The City’s Design/Builder architect of record shall provide the primary review of the Design/Builders submittals, RFl’s, change orders, and claims. As Consultant, we shall provide a review of the following items for conformance to the Design Criteria Package to include shop drawings and submittals, conduct field observations, proposal requests, supplemental drawings, change orders. 2 November 7,2008 Architecture Interior Design Planning Programming Landscape Program Management BOARD OF DIRECTORS R. John Clws, AIA Jeffrey E. Cobble.AIA Ward J. Friszolowski. AIA Alejandro F. Gonzalez, AIA Michael K. Haft. AIA William E. Harvard. Jr.. AIA Steven M. Heiser, AIA Ronald N. Lang. AIA Yvette V. London, AIA James A. Shawhan. AIA Blanchard E. Jolly, Emeritus 3201 W. Commercial Blvd Ft. Lauderdale, FL 33309 954436-7910 www.HarvardJolly.com ( . Suite 225 AAcooo119 City of Palm Beach Gardens Ms. Patricia Snider, CMC, City Clerk Office of the City Clerk 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: RFQ #2008-010 - Design Criteria Professional - Municipal Complex Emergency Operations and Communications Center Ms. Snider and Members of the Selection Committee: Harvard Jolly Architects is pleased to present our team’s qualifications for your consideration in the selection of a Design Criteria Professional for the Emergency Operations and Communications Center. In addition to a past successful working relationship with Palm Beach County agencies, we have recent similar experience designing Emergency Operation Centers and various municipal buildings with the features identified for your EOCC Facility. Harvard Jolly’s most recent EOC projects include Category 5 Hurricane resistant facilities for Collier and Charlotte County. The Harvard Jolly team is composed of local area engineers who are accessible, available, and responsive in providing professional planning, design, and construction services. They each offer numerous EOC project previous experience and nearly all of the proposed team members have worked with Harvard Jolly on previous EOC facilities within the state. Highlights of our team include: Current experience designing 8 EOC facilities within the past seven years Experienced professionals in planning and design of similar projects A large portfolio of award-winning successful similar projects and satisfied clients Unparalleled references on similar scope projects Continuous Principal involvement throughout the design and construction phases Proven techniques to meet costs, program, schedule and budget requirements A local, responsive team ready and available to start work immediately Minority participation Understanding of project requirements, including needs assessment, programming, design charrettes (buy-in), preliminary floor plans, site plans, space planning as required LEED certified professionals and the full support of utilizing sustainable design in your project HJ, along with TLC, our M/E/P Consultant designed the first LEED Certified Building in Broward County. We look forward to showcasing our ideas to you at the interview process. Thank you for your consideration of Harvard Jolly Architecture. Sincerely, Ward Friszolowski, AIA Executive Vice President HARVARDoJ 0 LLY SECTION I - INTRODUCTION LETTER/FLORIDA CORPORATE CHARTER Harvard Jolly, Inc. has been The primary person responsible for this project is Jack Williams, Jr., our proposed in business continuously Project Manager. Harvard Jolly’s team intends to provide complete A/E Services since 1938 when it was as it relates to the Design Criteria Package. The following is a key listing of our founded by William B. subconsultants for this project: Harvard, Sr. We offer a total staff of 90. George F. Young, Civil Engineering Burton Braswell Middlebrooks, Structural Engineering Our principal Office for this TLC Engineering for Architecture, Mechanical/ElectricaI Engineering, Plumbing project is located at: Seibien Associates, Acoustical Consultant 3201 W. Commercial Blvd., VANUS, Intelligent Transportation Systems Consultant Suite 225 Ft, FL 33309 Construction Management, Inc., Cost Consultant P 95414a6-791 o Nodarse & Associates, Geotechnical Engineering and Fire Protection Consulting QUALIFICATION FOR TYPE(S) OF WORK FORM &t the qualified individual(s) by their respective type(s) of work specialty related to this 0 Attach a resume for each individual further detailingkonfirming hidher type of work project. credentials. Ward J. Friszolowski, AIA N St. Pete Beach Jack Williams, Jr., AIA N Punta Gorda (vette London, AIA, LEED AP Lauderdale N 1 I Debbie DeBartolo Wilkinson, Royal Palm MA,NCARB,CPTED 1 N 1 Beach Jacquelyn Spears, ASID, LEED AP 1 i St. Petersburg Jim Clees, RLA, ASLA I N 1 St. Petersburg Warren H. Spurge, II, PE Y Juno Beach Jason Stinchcomb, PE Y LEED ~~ West Palm Beach James Wamsley, PE Cocoa Beach 1 Y I David Tinsley Pompano Beach Y AR0013140 27 AR0014797 23 AR0016229 I 28 NIA I l9 ID0001313 26 LA0000599 17 24470 39 58184 15 50343 20 NIA Area of Expertise Architectural Architectural Architectural Architectural Interior Design Landscape Architectural Civil Engineering Electrical Engineering Mechanical Engineering Plumbing1 Fire Protection QUALIFICATION FOR TYPE(S) OF WORK FORM Harvard Jolly, Inc. Date: 1111 012008 - -------- Name of ~i~~: ........................... e List the qualified individual(s) by their respective type(s) of work specialty related to this Attach a resume for each individual further detailing/confirming hidher type of work project. cred e n tia Is. Tom Munson, RCDD Y Gary Siebein, RA Y Tahira Faquir, PE, CPM Y Bo Qian, PE ~ Ganesh Jiawon, MRICS, LEED AP IY Gary Burton, PE lY Hugo Soto, PE Oakland Gainesville Ft. Lauderdale Weston Orlando Deltona Miami NIA AR0008846 5931 3 66018 N/A 38433 36440 Telecommunication, IT, ITS, PSAP, Security 33 Architectural, Acoustics 31 10 ITS Specialist 11 ITS Specialist 30 Cost Consultant 29 Structural Engineering Geotechnical 27 Engineering 0 RGAN I ZATlO N AL CHART The following is a graphical representation of our proposed team for your EOCC project. WARD J. FRISZOLOWSKI, AIA, EXECUTIVE VICE PRESIDENT D I RECTO R 0 F GOVERN M ENTAL D ES I G N / P RI N C I PAL- I N -CH ARG E YEARS EXPERIENCE PROJECT EXPERIENCE Joined Harvard Jolly in 1988 Years with Other Firms: 7 EDUCATION Mr. Friszolowski serves as team leader and client representative for the Harvard Jolly Governmental Group. He provides essential leadership for managing large, multi- disciplined project teams so that each project is successful in meeting its intended goals. Mr. Friszolowski is meticulous in his work, paying close attention to details, while never losing sight of the larger project goals. He has been designing government facilities since 1989. His design philosophy centers on designing each building so that it is unique to its own community and design goals. Representative Associate of Arts Degree in Applied Architecture, State University of New York, Farmingdale, 1980 Bachelor of Architecture , University of Texas at Austin, 1987 REGISTRATIONS projects include: Florida Registered Architect, 13140 PROFESSIONAL AFFILIATIONS Collier County Emergency Services Center, Naples Charlotte County Public Safety Complex, Port Charlotte Punta Gorda Public Safety Complex, Punta Gorda Belleair Beach New Community Center (w/Police and EMS Departments), Belleair City of Seminole, Senior Services Center and EOC, Seminole (design only) Dunedin Sheriff's Office, Renovation, Dunedin Gulfport City Hall and Police Headquarters, Gulfport New Port Richey - Police Headquarters with Emergency Operations Center, Temple Terrace City HalVPolice Facility - Study, Temple Terrace Zephyrhills Police Department Study - Needs Assessment, Programming and Site Analysis, Zephyrhills Zephyrhills Police Department with Emergency Operations Center, Zephyrhills Park Station, Pinellas Park City of Hollywood - Parks and Recreation - Continuing Contract, Hollywood Fred Lippman Multi-Purpose Center - City of Hollywood, Hollywood (design only) Broward County South Regional Library on Broward College South Campus, Cagan Crossings Community Library (a.k.a. Citrus Ridge Library), Clermont Charlotte Harbor Event and Conference Center, Punta Gorda City of Winter Garden, Continuing Contract, Winter Garden Dennis L. Jones Seminole Community Library at St Petersburg College, Seminole Dr. Martin Luther King, Jr. Recreation Center, Dunedin Dr. William E. Hale Senior Activity Center, Dunedin Florida Botanical Gardens and Learning Center at Pinewood Cultural Park, Largo Great Explorations at Sunken Gardens - Hands On Children's Museum Office/Pier Lake-Sumter Community College, Joint Use Library, Clermont Largo Central Park - Eastside Master Plan, New Community Park, Largo Largo Cultural Center, Auditorium and Multi-Use Facility, Largo Orange County Library System - Prototype Sites; South Chase West Oaks, Alafaya Seminole Community Library Conference and Research Addition at St. Petersburg Holland G. Mangum Recreation Complex with Family Aquatic Center, Seminole Spanish River Library and Community Center, Boca Raton Town N' Country Commons (Library, Senior Center, Headstart, 8, Park Facility), Tampa American Institute of Architects Florida Association of Community Colleges American Library Association U S Green Building Council Beach Florida Library Association Florida Standards Committee CIVIC ACTIVITIES City of St Pete Beach, Aesthetic and Dunedin Fire Department, Dunedin Historic Review Board, Chairman, 1992-94. City Commissioner, 1994-95, Vice Mayor, 1995-2000, Mayor, 2000-2008 New Port Richey Tampa Bay Regional Planning Council, Member, 1997-2008 Advisory Board, Chairman, 2008- Present City of St Pete Beach Library Pembroke Pines Renovations (Historic), St. Petersburg Charlotte Courily Public Safety Complex, Port Charlotte College, Seminole YVETTE LONDON, AIA, LEED AP, SENIOR VICE PRESIDENT PROJECT DIRECTOR YEARS EXPERIENCE Joined Harvard Jolly in 1990 Years with Other Firms: 10 EDUCATION Bachelor of Architecture, Warsaw Politechnic, 1979 REGISTRATIONS Florida Registered Architect, 16229 Leadership in Energy and Environmental Design (LEED) PROFESSIONAL AFFILIATIONS American Institute of Architects American Society of Hospital Engineers Florida Educational Facilities Planners Association (FEFPA) CIVIC ACTIVITIES Ft. Lauderdale Chamber of Commerce SEMI NARSlSPEAKl NG ENGAGEMENTS “Securiy, Built In: Making Schools Safer ByDesign”, School Building Expo, 2006 FEATURE PROIECT Collier County Energency Services Center (conslruclion photo 7/2008) PROJECT EXPERIENCE Ms. London is Director of Harvard Jolly’s Ft. Lauderdale office, and is one of our strongest Project Executives/Managers. She provides essential leadership for managing large, multi-disciplined project teams so that each project is successful in meeting its intended goals. Ms. London has a senior level of expertise which is valuable in assessing overall project requirements. Representative projects with Harvard Jolly include: Collier County Emergency Services Center, Naples City of Hialeah - Public Works Facility City of Hollywood - Parks and Recreation - Continuing Contract, Hollywood North County Surgi-Center - New Ambulatory Surgery Center, Palm Beach Gardens Palm Beach Gardens Medical Center - Second and Third Floor Renovations - Oxygen Tank Enclosure Rotary Park Improvements- City of Hollywood Continuing Contract, Hollywood Continuing Contracts - Palm Beach County Schools 2005-2008, West Palm Beach Carver Middle School - Classroom Additions, Delray Beach Elementary School 06-D Master Plan Study, School District of Palm Beach County Seagull School - Media Center Addition, Ft. Lauderdale Florida Atlantic University - Continuing Contract 2008, Boca Raton Good Samaritan Medical Center, West Palm Beach - Day Care Center Relocation - Central Energy PlanVEquipment Replacement Hagen Road Elementary School Replacement, Boynton Beach Lake Worth Middle School - Classroom Addition, Lake Worth Lauderhill Middle Community School, Lauderhill Monroe County Medical Examiner’s Facility, Marathon Holland G. Mangum Recreation Complex with Family Aquatic Center, Seminole BECON TV Studio Replacement Project, Broward County Schools, Ft. Lauderdale Belle Glade Elementary School Classroom Additions/Chiller Plant Replacement, Boca Raton High School Class Size Reduction- Continuing Contract, Boca Raton Broward General Medical Center Belle Glade - lnterventional Radiology Expansion and Renovation - MOB - Fifth Floor Remodeling - ADA ACC Citrus Grove Elementary School, Palm City Lloyd Estates Elementary - Media Center Addition, Oakland Park Memorial Hospital Pembroke Pines Miami Dade College, Miami North Ridge Medical Center - Cath Suite Renovations, Ft. Lauderdale Palmetto General Hospital, Hialeah Tradewinds Middle School Class Size Reduction - Continuing Contract, Greenacres Veterans Administration - West Palm Beach 10-Bed Expansion, West Palm Beachn - Emergency Generator Replacement/Addition, ER/Radiology Exp/Renov. - Lecture HalVADA Upgrades, HVAC Replacement, Renovations/Remodeling - Cath Suite and Support Area Renovations, Mobile Cath JACK WILLIAMS, JR., AIA, VICE PRESIDENT PUBLIC SAFETY, EOC SPECIALIST / PROJECT MANAGER YEARS EXPERIENCE Joined Harvard Jolly in 1998 Years with Other Firms: 13 E DUCAT1 0 N Master of Architecture, Georgia Institute of Technology, 1988 Bachelor of Design in Architecture. University of Florida, 1982 REGISTRATION Florida Registered Architect, AROOI 4797 PROFESSIONAL AFFILIATIONS American Institute of Architects, Past President National Fire Protection Association Southern Building Code CIVIC ACTIVITIES Collier County Affordable Housing Collier County Economic Development Charlotte Local Education Foundation Commission, Member Council, Member -Board Member SEMI NARSlSPEAKl NG ENGAGEMENTS "Designed for Success - Components and Characteristics for Educational Facilities and Case Study': Florida Educational Facilities Planners Associations, Winter Conference 2006 "The Environment of the Struggling Learner: Model Schools Conference, ICLE, Atlanta, 2OOZ Whole School Reform Symposium8 ICLE, San Diego, 2008 Clioriotlc? County Piihlic Safety Complex, Port Charlotte PROJECT EXPERIENCE Mr. Williams is Director of Harvard Jolly's Punta Gorda and Ft. Myers offices and is a Vice President with the firm. Jack is one of Harvard Jolly's most talented design architects and helps set the standards for design throughout the firm. He is adept at working closely with clients to provide a design concept that provides the most design impact for the established budget. Mr. Williams has excellent people and communication skills and is well liked by both clients and peers. He brings pride and enthusiasm to each project. He has managed multiple public safety projects and offers fresh experience on future technologies and design trends. Representative projects with Harvard Jolly include: Charlotte County Public Safety Complex, Punta Gorda Collier County Emergency Operations Center, Naples Collier County Emergency Services Complex Study, Naples Lee County Electric Cooperative (LCEC) - Emergency Operations Center, Ft. Myers Charlotte County Sheriff Department/Promenades Mall Tenant Improvements, Port Charlotte County Chamber of Commerce - Chamber Renovations & Additions, Port Lee County School Board Administration Building, Ft. Myers Veterans Administration Nursing Home - Charlotte County, Charlotte County Harbor Event and Conference Center, Punta Gorda Charlotte High School - Campus Replacement (Historic), Punta Gorda Charlotte High School - Tech Lab, Punta Gorda Diplomat Middle School, Cape Coral Florida Gulf Coast University - Alico Arena, Fort Myers Florida Gulf Coast University - Baseball/ Softball Fields, Fort Myers Fort Myers Beach Library Addition, Ft. Myers Golden Gate Elementary School - Renovations & Additions, Naples Heights Elementary School - Castaldi Report, Ft. Myers James M. Marlowe Elementary School, New Port Richey Charlotte Charlotte Lee Middle School Addition, Ft. Myers Lehigh Elementary School - Castaldi Report, Lehigh Lemon Bay High School Improvements and Master Plan, Englewood Nocatee Elementary School - Additions and Renovations, Arcadia Paul Lawrence Dunbar Middle School, Fort Myers Caloosa Elementary and Middle Schools - Single Campus Plan, Cape Coral Poinciana Elementary School - Remodeling, Naples Port Charlotte High School - Master Plan, Major Additions and Renovations, Port Punta Gorda Middle School - Campus Replacement, Punta Gorda Punta Gorda Public Safety Complex, Punta Gorda Riverdale Branch Library Lee County, Fort Myers Riverdale High School - Kitchen Renovations, Ft. Myers Sanibel Park & Recreation Improvements, Sanibel Varsity Lakes Middle School, Lehigh Acres YMCA Edgewater Daycare Facility (pro-bono project), Ft. Myers Charlotte DEBBIE DEBARTOLO WILKINSON, AIA, NCARB, CPTED PROJECT COORDINATOR YEARS EXPERIENCE Joined Harvard Jolly in 2006 Years with Other Firms: 17 EDUCATION Public School Planning and Design, Graduate School of Design, Harvard University Architectural Center Bachelor of Architecture , Boston CPTED (Crime Prevention Through Environmental Design) PROFESSIONAL AFFILIATIONS FEFPA (Florida Educational Facilities AIA (American Institute of Architects) Chamber of Commerce, Palm Habitat for Humanity, Palm Beach Leadership West Palm Beach 2005, Chamber of Commerce of the Palm Junior Achievement, Palm Beach Leadership West Palm Beach Alumni Crime Prevention Through Planners Association) Beaches County, Women Build Beaches County Committee. 2007 Environmental Design (CPTED) City of Hialeah - Public Works Facility PROJECT EXPERIENCE Ms. Wilkinson brings numerous years experience in the design of educational facilities in South Florida. She demonstrates experience in design visualization, space planning, project management, needs assessments, adequacy analysis and specifications and facilities lists. Representative projects with Harvard Jolly include: City of Hialeah - Continuing Contract City of Hialeah - Public Works Facility Elementary School 06-D Master Plan Study, School District of Palm Beach County Science Lab Prototypes, School District of Palm Beach County BECON TV Studio Replacement Project, Broward County School Board Belle Glade Elementary School Classroom Additions and Chiller Plant Replacement, Boca Raton High School Class Size Reduction - Continuing Contract, Boca Raton Broward County School Board - ADA Liaison Broward General Medical Center MOB - Fifth Floor Remodeling, Ft. Lauderdale Carver Middle School Classroom Additions, Delray Beach Citrus Grove Elementary School, Palm City Florida Atlantic University - Continuing Contract 2008 Hagen Road Elementary School Replacement, Boynton Beach Lake Worth Middle School Classroom Addition, Lake Worth Lauderhill Middle Community School, Lauderhill Lloyd Estates Elementary - Media Center Addition, Oakland Park Miami Dade College, Miami Belle Glade - N2000 First Floor HVAC Replacement - N2000 Renovations and Remodeling of Lecture HalVADA Upgrades New Elementary School Prototype - Hendry County School Board, LaBelle Thacker Avenue Elementary - Master Plan, Kissimmee Tradewinds Middle School Class Size Reduction, Greenacres Denn John Middle School, Master Plan, Kissimmee Highlands Elementary Schools, Master Plan, Kissimmee INDIVIDUAL EXPERIENCE Emergency Operations Center, Jupiter Sheriff Sub-station, Boca Raton Customer Service Center, Boynton Beach Municipal Facility Master Plan, Lake Worth Indian River County Administration Complex Public Works, City Hall and Police Department, Needs Assessment, Facility Condition City of West Palm Beach, City Center City of West Palm Beach, Community Service Center City of West Palm Beach, City Hall Renovation Town Hall Master Plan, Jupiter Assessment, Programming and Master Plan, City of Riviera Beach JACQUELYN S. SPEARS, ASID, LEED AP, VICE PRESIDENT DIRECTOR OF INTERIOR DESIGN YEARS EXPERIENCE Joined Harvard Jolly in 1987 Years with Other Firms: 5 EDUCATION Bachelor of Arts in Design University of Florida, 1983 REGISTRATIONS Florida Registered Interior Designer Leadership in Energy & Environmental ID001 3 1 3 Design (LEED) PROFESSIONAL AFFILIATIONS American Society of Interior Designers SEMINARSISPEAKING ENGAGEMENTS "The Beauv of Functional Design " Author, Advance for Providers of Post-Acute Care. 200 I "Family in the Health Care Setting: Campers or Contributors?" Co- Presenter. The ASID Conference on Design? 2006 Third Annual Conference on Patient-and- Family-Centered Care, Co-Presenter, Seattle 1 .]hi' Waks Police and EMS Facility PROJECT EXPERIENCE Ms. Spears has extensive experience in providing space planning and a range interior design services for a variety of clients. Her talents and abilities have allowed Ms. Spears to produce innovative interior design solutions for the most sophisticated clients. Her services include: programming and design analysis, space planning, conceptual design, color palette selections, design details, construction documents, construction administration, coordination of furniture selections and specifications, and code surveys. Representative projects with Harvard Jolly include: Charlotte County Public Safety Complex, Punta Gorda Collier County Emergency Services Center, Naples Belleair Beach New Community Center (with Police and EMS Departments), City of Seminole - Senior Services Center and EOC, Seminole (design only) Lake Wales Police and EMS Center, Lake Wales Lee County Electric Cooperative (LCEC) - Emergency Operations Center, Ft. Myers Charlotte Harbor Event and Conference Center, Punta Gorda Pinellas Park Police Station Renovations, Pinellas Park Gulfport City Hall and Police Headquarters, Gulfport Palm Beach Gardens Medical Center - Emergency Department Expansion, Palm Hialeah Hospital Surgery Expansion, Hialeah Dr. Martin Luther King, Jr. Recreation Center, Dunedin Dr. William E. Hale Senior Activity Center, Dunedin Spanish River Library and Community Center, Boca Raton Sunken Gardens - Restoration/Renovation (Historic), St. Petersburg Pinellas County Central Television Production Studio/Off ices, Clearwater Pinellas County Health Department Renovations, St. Petersburg Pinellas County School Board Administration Building, Largo City of Winter Garden - Continuing Contract, Winter Garden Monroe County Medical Examiner's Facility, Marathon Baptist Health Baptist Hospital of Miami - NlCU Expansion, Miami Carver Middle School Classroom Additions, Delray Beach Citrus Grove Elementary School, Palm City Golden Gate Elementary School - Renovations and Additions, Naples J.D. Parker School of Math, Science and Technology - School Replacement, Stuart Kendall Regional Medical Center - Emergency Department, Kendall Lake Worth Middle School - Classroom Addition, Lake Worth Lake-Sumter Community College - Joint Use Library (a.k.a. Cooper Memorial Largo Cultural Center - Auditorium and Multi-Use Facility, Largo Largo Cultural Multi-Purpose Room Renovation, Largo Memorial Hospital Pembroke Pines Master Plan, Pembroke Pines Town N' Country Commons (Library, Senior Center, Headstart, and Park Facility), West Boca Medical Center - Ambulatory Surgery Center, Boca Raton Belleair Beach Beach Gardens Library), Clermont Tampa JIM CLEES, RLA, ASLA, ASSOCIATE DIRECTOR OF LANDSCAPE ARCHITECTURE YEARS EXPERIENCE Joined Harvard Jolly in 2001 Years with Other firms: 10 EDU CAT1 0 N Bachelor of Landscape Architecture University of Florida, 1977 REG ISTRATI 0 N Florida Registered Landscape Architect, Georgia Registered Landscape Architect, Florida ISA Certified Arborist LA 599 1037 FL-1177A PROFESSIONAL AFFILIATION American Society of Landscape Architects CIVIC ACTIVITIES Greater Tiftonfrift County, Georgia Planning and Zoning Commission 1-75 Corridor Council Technical Advisory Committee (2000-200 1 ) AWARDSlSPEAKl NG ENGAGEMENTS Clearwater Beach Entrance Roundabout, First Place, Replacement Design Competition, Clearwater Beach Association PROJECT EXPERIENCE Mr. Clees is an award-winning landscape architect and is the Director of Harvard Jolly's Landscape Architecture Department. He is a certified arborist and brings over 17 years experience in this industry. Mr. Clees has been essential in providing multiple clients with design studies, master planning, planting plans, additions and renovations and new facilities' landscape design. Representative projects with Harvard Jolly include: City of Seminole - Senior Services Center and EOC, Seminole Belleair Beach New Community Center (w/Police and EMS Departments), City of Winter Garden - Continuing Contract includes: Belleair Beach - Southside Community Park - Fire Administration Building Renovation - Zanders Park Zephyrhills Police Department with Emergency Operations Center, Zephyrhills Lee County Electric Cooperative (LCEC) - Emergency Operations Center, Ft. Myers Park Station, Pinellas Park Charlotte Harbor Event and Conference Center, Punta Gorda Lee County Public Education Center, Ft. Myers Dr. Martin Luther King, Jr. Recreation Center, Dunedin Department of Health - Rockledge Children Medical Service, Rockledge Citrus Grove Elementary School, Palm City J.D. Parker School of Math, Science and Technology - School Replacement, Stuart Lauderhill Middle School ADA Accessibility, Remodeling/Renovation, Lauderhill Loretta lngraham Community Center Improvements, Tampa St. Mary's Children Hospital - Renovation, Ft. Lauderdale Monroe County Medical Examiner's Facility, Marathon North Broward Hospital District - Continuing Contract 2007, Ft. Lauderdale Seagull School - Media Center Addition, Ft. Lauderdale Cagan Crossings Community Library (a.k.a. Citrus Ridge Library), Clermont Charlotte High School - Campus Replacement, Punta Gorda Clearwater Main Library, Clearwater DeLand High School - Additions and Renovations (Multiple Phases), DeLand Dennis L. Jones Seminole Community Library at St Petersburg College, Semincd Fort Myers Beach Public Library Addition/Remodel, Fort Myers Beach Lake-Sumter Community College - Joint Use Library (a.k.a. Cooper Memorial Merritt Island High School Additions and Renovations, Merritt Island Punta Gorda Middle School - Campus Replacement, Punta Gorda Ridge Career Center- New Medical Arts Facility, Winter Haven SCC-UCF University Partnership Center, Sanford Seminole Community Library Conference and Research Addition at St. Petersburg St. Joseph's Women's Hospital - Medical Office Building, Tampa Town N' Country Commons (Library, Senior Center, Headstart, and Park Facility), Umatilla Public Health Clinic, Umatilla Library), Clermont College, Seminole Tampa Years of Experience: 39 Years with George F. Young, Inc.: 17 Current Professional License: Professional Engineer, State of Florida Registration #I24470 Education Bachelor of Science Civil Engineering, Tulane University, New Orleans, LA Master of Science Civil Engineering Tulane University. New Orleans, LA Professional Affiliations American Society of Civil Engineers (ASCE) American Water Works Association (AWWA) Diplomat, American Academy of Environmental Engineers (AAEE) Florida Engineering Society (FES) Florida Institute of Consulting Engineers (FICE) Water Environment Association (WEA) Specialized Training Advanced Work Zone Traffic Control (FDOT Certified) Publications: "Record Setting Directional Drill Water Main Solves Environmental and Site Constraints", "Public Works Magazine" Qualifications Warren H. Spurge, II, PE, joined George F. Young, Inc. in 1991, and is currently Vice President of Engineering. Mr. Spurge is a knowledgeable and respected civil engineer, with extensive technical experience in utility, site development, and highway projects. He was previously the owner of a consulting practice, and has been responsible for the planning, design, and administration of both municipal and private projects in Florida, the Caribbean, and Mexico. Mr. Spurge has provided forensic engineering services for water, wastewater, drainage and road projects. Professional Experience Representative Land and Site Development Proiects Sarasota Police Department Headquarters - Sarasota, FL - Design, permitting, and construction phase services South County Courthouse - Delray Beach, FL - Design and permitting US Postal Facility - Palm Beach Gardens, FL- Civil design, permitting, construction phase services Rapids Water Park - Riviera Beach, FL- 1990 river addition, 1994 wave pool addition, 2000 Expansion (slides and parking Bear Lakes Country Club -West Palm Beach, FL- Design, permitting, and construction phase services Gardens Plaza - Palm Beach Gardens, FL - Civil design, permitting, and construction phase services Palm Beach Community College - Palm Beach County, FL - Parking lot expansion, Glades Campus; warehouse and entrance road, Central Campus The Island at PGA - Palm Beach Gardens, FL - Design and permitting for 44-acre island community Palm Beach County School District - Palm Beach County, FL -Westward, West Riviera, Melaleuca Elementary Florida Atlantic University- Palm Beach County, FL - Gordon Libraty, Henderson School Garden Oaks - Palm Beach Gardens, FL - Drainage Improvements Jupiter Dunes Golf Course - Jupiter, FL - Drainage Consultation The Links Golf Course - Martin County, FL - Drainage Consultation Villas of Juno Beach - Juno Beach, FL - Design, permitting, construction phase services for 112-unit townhome development Hospice of Palm Beach County - Site development design, permitting, and construction phase services for 6-acre expansion Hugh Taylor Birch State Park - Ft. Lauderdale, FL - Utility System Expansion Jonathan Dickinson State Park - Hobe Sound, FL - Environmental Research and Education Center and Equestrian Campsites Martin County Elementary School "A - Palm Clty, Florida - Design, Permitting, and Construction Phase Services The School Board of Broward County - Seaboard School, Lloyd Estates - Lauderhill, FL - Design, permit, construction phase services lot) Representative Utilitv Proiects Jupiter Island Club - Sanitary Connection to South Martin Regional Utility- Design, permit, constriction administration Martin County, Florida - Directional Drill water main crossing of the St. Lucie River (4700 If 16" steel) South Martin Regional Utility - Martin County, Florida -Two lift stations and force main to serve south water treatment plant Jacksonville Electric Authority - Jacksonville, Florida - Five directional drill utility crossings including 1300 If 24" water main, 1200 If 24" force main, and 1300 If 14" reclaimed water main crossing Greenfield Creek; and 4000 If 24" water main and 3700 If 24" force main crossing the lntracostal Waterway Phillipsburg, St. Maarten, NA - Three (3) lift stations and force main system for Government Wastewater Program Peace and Plenty Resort - Exuma, Bahamas -Wastewater treatment plant addition to Island resort ~~ George F. Young, Inc. Turning Vision Into Reality Since I91 9 Warren H. Spurge, 11, PE Vice President - Engineering Project Responsibility: Project Engineer Hobe Sound Water Company - Hobe Sound, FL- Water distribution system analysis, two water treatment plant expansions (to 9 mgd) and 3,000 ft. 16” directional drill crossing of the lntracostal Waterway Piper’s Landing - Martin County, FL - Investigation and expert witness testimony, water treatment plant and wastewater disposal. Port de Plaisance Resort - St. Martin, Netherlands Antilles -Water distribution system analysis, water supply system, reverse osmosis water plant, water storage tank, water booster pump station, wastewater treatment and reuse Diamond Keturah - St. Croix, US Virgin Islands -Water distribution system analysis and design, wastewater treatment plant design. Carambola Resort - St. Croix, U.S. Virgin Islands - Infrastructure master planning, sewer treatment plant design and reclaimed distribution water system design for 158-room resort and associated amenities Harbor Ridge PUD - Port St. Lucie, FL - Design, permitting, and construction administration for reclaimed water distribution system to serve 800-unit development located on the St. Lucie River, including two signature golf courses Florida Public Utilities - North Palm Beach, FL - Directional drill gas main under the lntracostal Waterway South Martin Regional Utility - Martin County, FL - RO WTP Civil Site Design and Permit coordination services FDOT Subsurface Utility Engineering - Contract Manager VA Florida National Cemetery - Sumter County, FL - Irrigation Wells and Water Treatment Facility FDOT 1-75 Rest Area - Broward County, FL - RO WTP and Advanced WWTP The Gardens Mall - Palm Beach Gardens, FL - Design, permitting, and construction administration for reclaimed water distribution system to serve Regional Mall Seacoast Utility Authority/Encon - Palm Beach County, FL - Effluent Reuse Master Plan and Construction Documents Town of Jupiter Island, FL - Water Resource Study, Comprehensive Plan Amendment Report addressing reduction of potable water for irrigation. Marriott Resort - Aruba, Dutch Caribbean - Greywater Treatment System, design, consultation, construction coordination Tierra del Sol - Aruba, Dutch Caribbean - Provided infrastructure master planning, civil engineering design and construction administration for roadways, sanitary sewers, drainage, wastewater treatment plant and reclaimed water transmission and distribution system for 560 residential unit development Martin County, Florida - Directional Drill Water Main Crossing of the Intracoastal Waterway Ocean Ridge, Florida - Wastewater Treatment Plant Replacement Representative Hiqhwav/Roadwav Proiects Powerline Road (SR 845) - Broward County, FL - 1.8 km resurfacing and drainage improvements Davie Boulevard (SR 736) - Broward County, FL - 1.3-mile resurfacing and bike lane addition US Highway 1 (SR 5) - St. Lucie, FL - Mast arm signalization design for 4 intersections along a 4-lane urban highway Alternate A1 A (SR 81 1) - Palm Beach Gardens, FL - Widening and resurfacing of 4.0 km, 4-lane rural arterial to a 6-lane modified urban section Fairchild Gardens Avenue - Palm Beach Gardens, FL - 0.5 mile divided roadway constructed over culvert canal Alternate A1A (SR 811) -Jupiter, FL -Widening and resurfacing of 1.1 miles, 4-lane rural arterial to 6-lane modified urban section Anspach Parking Lot Expansion - Palm Beach Gardens, FL US Department of State - Oakland Park, FL - Parking and Drainage Improvements I. George F. Young, Inc. Turning Vision Into Reality Since 1919 ENGINEERING FOR ARCHITECTURE JAMES T. WAMSLEY, PE, LEEDBAP PrincipaVSenior Mechanical Engineer EXPERIENCE Mr. Wamsley has over 19 years experience performing mechanical engineering with emphasis on HVAC and plumbing design for educational buildings. Mr. Wamsley has in-depth knowledge of chilled water systems (air-cooled and water-cooled chillers), ice storage systems, water source heat pumps, variable speed pumping systems, primary and secondary pumping systems, variable air volume systems, and direct digital controls. Work assignments involve all phases of design of heating, venting, air- conditioning, and plumbing systems, as well as industrial systems design. Technical experience also includes energy consumption analysis, cost comparisons, construction observations, system condition assessments, and master planning for facility renovatiotdretrofit. Selected project experience includes: Indian River County EOC - New emergency operations center / 20,000 square feet /fire training tower / Heating, Ventilating and Air- Conditioning (HVAC), Plumbing, Electrical, Fire Alarm, Backbone Telephone, Data, and Security Systems and Fire Protection Engineering (performance specification only) / $2 million / Vero Beach, Florida New Smyrna EOC - New emergency operations center meeting FEMA Shelter Standards including a ‘War Room”, pressroom, commissioner’s office, operations office, citizen information call center, conference room and sleeping accommodations / New Smyrna Beach, FL Port Canaveral Fire Station - Design of new fire station with living quarters and commercial kitchen. Direct expansion HVAC system with contaminated area ventilation system and vehicle repair station / $2.1 million / Port Canaveral, Florida Indian River County Administration Complex - Design and engineering of new 170,000 sf building administration campus consisting of 2 buildings (90,000 square feet and 80,000 square feet) offices with new commissions chambers. Full design of mechanical, electrical, plumbing, fire protection and data (IT) systems for 5 separate user groups Indian / $21 million / Indian River County, Florida St. Lucie County Special Needs Shelter - 52,000 sf gymnasium and office space that will also be used as special needs shelter/shelter to accommodate 500 visitors, 180 mph wind speed and back up power, water supply and waste storage for 72 hour duration / $10.4 million / MEPS / Fort Pierce, FL EDUCA TlON University of Pennsylvania Bachelor of Science Mechanical Engineering PROFESSIONAL REGISTRATION Florida #50343 Pennsylvania #044948 New Jersey #38896 Michigan #40387 PROFESSIONAL A FFlLlA TIONS ASHRAE ASME Society of American Military Engineers Association of Energy Engineers L EEB Accredited Professional US Green Building Council I FOR ENGINEERING ARCHITECTURE JASON A. STINCHCOMB, P. E., LEEPAP EXPERIENCE Mr. Stinchcomb has 5 years experience in installation as an electrician and 10 years experience in design of electrical systems for a variety of projects for the federal government, municipalities, public and private. Projects include port, educational, residential, public safety, assisted living, off ice, industrial, post office, water treatment plants, research, terminals and recreational facilities. His electrical design experience includes lighting, fire alarm, intrusion detection, communications, lightning protection, high mast lighting, lighting control, emergency power/co-generation, and power distribution. Mr. Stinchcomb has performed field inspections and construction administration for various projects. He has also done electrical studies of existing and future facilities including cost estimates. Project experience includes: Emergency Operations Center, South Florida Water Management District - Lead Electrical Designer. Responsible for the design of lighting, power, and communication systems, for the control and computer rooms, also responsible for construction administration for entire electrical portion of project. This facility is hurricane hardened, will be occupied 24hrs a day, and will serve as the central base of operations and controls for SFWMDMlest Palm Beach, Florida City of Boca Raton - Police-Fire Training Facilities- Renovations to existing 11 6,800 sf facility/Addition of new South Training Site building on 15 acres with a combination of indoor and outdoor training venues, administration building, four classrooms, repelling & fire tower, two-story, 360Q control towerflraining for City employees, Basic Fire Academy, highly specialized fire and fire-rescue training, and highly specialized police tactical operations training including SWAT Ops, Canine Ops, and Emergency Vehicle Ops/Fire Services Vehicle Maintenance Bays/$l3.1 million/Boca Raton, Florida North Palm Beach Public Safety Facility, North Palm Beach Municipality - Electrical Designer. Responsible for the design of lighting, power distribution, communications, and emergency power systems. This facility incorporated a fire station, police station, and an administration wing/North Palm Beach, Florida City of Tarpon Springs Public Safety Facility - Electrical Designer. Responsible for the design of lighting, power distribution, and emergency power systems. This facility incorporated a fire station, police station, and administration/Tarpon Springs, Florida City of North Lauderdale Fire Station #34 - -A new three story 20,000 sf fire station with three vehicle bays, general office, storage spaces in the first floor. Administration office and living quarters are in the second floor. The main conference room will be used as a back-up EOC. The third floor will be a shell pace for this phase of design. This building will have an air cooled chiller, generator, Decontamination room holding tank, grease interceptor and oil sand separator. 20,OOOsf/$4 Million Electrical Project Engineer EDUCA TlON Florida Atlantic University Bachelor of Science in Electrical Engineeringh 996 PROFESSIONAL REGIS TRA TI0 N Florida #58 184 Fort Lauderdale Fire Station #49 - New 12,000 sf 3-StOry fire station with three vehicle bays, community center on first floor, and emergency operations dispatch center. Living quarters on second floor with a penthouse on third floor to accommodate electrical utility and generator/$8 million/Ft. Lauderdale, Florida i ENGINEERING FOR ARCHITECTURE David L. Tinsley Mechanical Engineering EXPERIENCE Specializing in Plumbing & Fire Protection Mr. Tinsley brings 15 years experience in all phases of mechanical engineering analysis and design for plumbing and fire protection systems for all building types. David has extensive experience in the design of fire protection working documents for contractor installation. Other areas of specialized plumbing design include medical and laboratory gas piping systems, high purity water systems, pumps and lift stations, water and wastewater treatment, and fuel gas distribution systems. David excels in project management tasks including scope of work development, facility survey and inspections, cost estimating, project coordination, and construction administration. David has experience with many different types of projects including medical (surgical and psychiatric hospitals), correctional, educational, government, military, and convention f aci I ities. Project experience includes: City of Boca Raton - Police-Fire Training Facilities- Renovations to existing 11 6,800 sf facility/Addition of new South Training Site building on 15 acres with a combination of indoor and outdoor training venues, administration building, four classrooms, repelling & fire tower, two-story, 360Q control towernraining for City employees, Basic Fire Academy, highly specialized fire and fire-rescue training, and highly specialized police tactical operations training including SWAT Ops, Canine Ops, and Emergency Vehicle Ops/Fire Services Vehicle Maintenance Bays/$l3.1 million/Boca Raton, Florida City of North Lauderdale Fire Station #34 - -A new three story 20000 square feet fire station with three vehicle bays, general office, storage spaces in the first floor. Administration office and living quarters are in the second floor. The main conference room will be used as a back-up EOC. The third floor will be a shell pace for this phase of design. This building will have an air cooled chiller, generator, Decontamination room holding tank, grease interceptor and oil sand separator. 20,OOOSF/$4 Million/North Lauderdale, Florida Office Depot Global Headquarters Shell and Tenant- 620,000 sf total (3 buildings) with 15,OOOsq ft auditorium, 3000sqft kitchen, 5000sqft cafeteria. MEP for Shell buildings, plus two 2-story garages. TLC will be commissioning the HVAC, lights, domestic water heaters and generator/$l 00 million (Shell)/$50 million (Tenant Infill)/Boca Raton, FL City Of Delray Beach Western Community Center - New addition to the existing Community Center. Phase I including a 10362 SF one story building. Phase 2 including a 2221 0 SF addition. Catering kitchen with no commercial hood/ 10,362 sf / $4,000,000 / Delray Beach, Florida City of Greenacres, Florida - Municipal Complex - New complex for 8,000 sf Public Works Facility and 20,000 sf City Hall building/$7.34 million/Greenacres, Florida Miramar Citizen Center - HVAC and Plumbing design for new 32,300 SF Multi-Service Center and a 12,460 sf 3-Bay Fire Station. Multi-Service Center includes a 3400 SF Banquet Hall, 1050 sf Kitchen, Fitness Center, Class Room, Arts & Crafts Room, Bill Pay and Transit Facility and Healthcare Building/$l2.2 million/Miramar, Florida EDUCATION University of Louisville, Speed Scientific School Bachelor or Science Electrical Engineering 1993 ENGINEERING I FOR ARCHITECTURE THOMAS L. MUNSON, RCDD, CPTED PrincipaKommunications & Technology Division Director , EXPERIENCE With 33 years experience, Tom is well-versed in all phases of electrical and communications & technology, electronic systems engineering, including fire alarm, security, local and wide-area networking topologies using wireless, fiber optic and Cat 6-based distribution systems. Additionally he is equally skilled in the design of satellite uplink/downlink facilities, microwave and spread spectrum telecommunications for today's modern building industry. Audio/visual presentation and video teleconferencing design for boardrooms, classrooms and conference rooms are also among his specialties. Tom is author and co-presenter of the highly acclaimed program, "Electronic Technology for the Global Market Place;" is a frequent contributor to industry and trade publications; and has been a featured speaker at architectural, educational and health care seminars and conferences. Project experience includes: 0 Collier County Emergency Operations/91 1 Center, Naples, Florida 0 0 Sheriffs Administration Building/office space addition to Building J/$4.35 million/34,000sf Emergency Services Building at Orange Blossom Drivenelephone and data raceway-cabling system, HVAC, plumbing, fire protection and alarm system and electrical design Emergency Services Center - assessment and conceptual desigdemergency management, medical services, 91 1 call center, television studio, emergency ops command center, and sheriff's off ice substation/Security design services; access control; CCTV; communications; intrusion detection; command center/$22 million/l11,000 sf 0 0 Lee County Electric Cooperative - provided design services for LCEC emergency operations center including design of large venue projection system for command center including display information of county electrical system and live SCADA information. 0 State of Florida Department of Law Enforcement - Security design for existing 1 -story building; audio visual presentation and video teleconferencing designs for conference and training center and emergency command center/65,000 sf/Jacksonville, Florida 0 Manatee Judicial Center - Feasibility study to evaluate existing historic courthouse and public safety complex and jail to determine whether it makes technical and economic sense to remodel and add to these spaces in the downtown Bradenton area/$33 million/l30,000 sf renovation and 50,000 sf additionBradenton, Florida EDUCATION Florida State Fire College Special Certified State Fire Marshal Fire Safety Evaluation System, NFPA 10 1 M Certification Mississippi State University Electrical Engineering Program Santa Fe Community College Associate of Artdl978 Gainesville, Florida U.S. Air Force Communications and Navigational Electronics REGISTRATIONS Registered Communications Distribution Designer (RCDD) BlSCl Reg. No. #I07178 Crime Prevention through Environmental Design Certified (CPTED) National Institute of Crime Prevention (1 978- 7980) PROFESSIONAL A FFlLlA TlONS Member of NFPA Member of the State Fire Alarm Associa tion Speaker for 5 yeardAgency for Health Care Administrator's Annual Seminar Member of International Association of Electrical Inspectors Member, Building Industry Consulting Service International(BICS1) ENGINEERING FOR ARCHITECTURE THOMAS L. MUNSON, RCDD, CPTED continued City of New Smyrna, New Smyrna, Florida Emergency Operations Center facility - schematic design services to explore options/Assist architect in developing MEP engineering standards for city offices, police stations, and fire stations/5,000 sf New Police Station with potential cohabitation by other government agencies/$7 million/40,000 sf City of Maitland Public Safety Building - New 3-story building and companion Phase I North Parking Garage for about 700 spacesNoice-data, audio-visual, and security design/Maitland, Florida Manatee Judicial Center - Feasibility study to evaluate existing historic courthouse and public safety complex and jail to determine whether it makes technical and economic sense to remodel and add to these spaces in the downtown Bradenton area/$33 million/l30,000 sf renovation and 50,000 sf additionBradenton, Florida Stuart Public Safety Complex - New complex to include a 42,600 sf public safety building, a 2,120 sf firing range, a 512 sf fire tower and a Training/Emergency Operations Center. TLC providing voice/data infrastructure, CCTV, access control, and audio/visual system engineering/$4.5 million/Stuart, Florida Cape Coral Public Safety Complex - New 4-storyl public safety facility which includes 22,000 sf of shelled-out space for future use. The building will support the entire Police Department and the Administration divisions of the Fire Department including a new E- 91 l communications center and provisions for future 31 l Call Center. Mandate that it be designed to withstand a Category 5 hurricane with a minimum design wind load of 150 mph/200,000 sf/Cape Coral, Florida 0 New Data Center, Orange County Government - Data Center & emergency complex/$2.3 million/l4,900 sf/Orlando, Florida GARY L. BURTON, P.E. President / Principal-in-Charge, Structural Expiralion 28-FEB-09 mmrm 07- 0J7,6R 6 I Number e69 P E Number 38433 -"u RRCMID .I IAW Mr. Burton has served numerous and varied clientele over the past 29 years. His experience has challenged him on numerous projects, which have required structural design creativity, ingenuity and project management capabilities with state-of-the-art analysis and design technology. Relevant experience includes: I I 8 I I 8 I 1, ' . Citrus County Emergency Operations Center, Lecanto, FL 37,000 sf EOC / Administrative facility St. Lucie County Emergency Operations Center, St. Lucie County, FL 27,000 sf EOC / Administrative facility Osceola County Joint Communication Center & Emergency Operations Center, Osceola County, FL 2-story, 45,000 sf (Joint Communications/EOC) 1 -story, 2,500 sf (Sheriffs Command Vehicle Storage Building) Polk County Emergency Operations Center, Polk County, FL 11,500 sf EOC / Administrative facility Polk County Public Safety Complex, Polk County, FL Two (3)-story buildings containing Sheriff's Operations and a (1 1- story, 10,000 sf 91 1 /Telecommunications facility Lake Worth Public Safety Complex, Lake Worth, FL 40,000 sf, (2)-story facility Winter Park Public Safety Complex, Winter Park, FL 78,000 sf facility; new EOC S. Tavares Government Complex, Tavares, FL 203,000 sf total containing Health Department, Sheriff's WH / Fleet Maintenance, Fire Rescue, EOC, EMS, Public Works Offices, Public Works / Fire Rescue / EMS Fleet Maintenance RClD Emergency Services Headquarters, Orlando, FL 27,000 sf - (1 )-story building housing Safety, Fire Prevention, Code Compliance 81 91 1 Facilities for Reedy Creek, a division of Walt Disney World New Police Station, Casselberry, FL 32,000 sf, (2)-story facility STRUCTURAL ENGINEERS Orlando Boca Raton EDUCATION: Bachelor of Engineering; Structures University of Central Florida, 1981 REGISTRATION: Professional Engineer, Florida, 38433 and Arizona, Connecticut, Delaware, Georgia, Indiana, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, New Jersey, South Carolina, South Dakota, Tennessee, Texas, Wisconsin; NCEES #lo337 PROFESSIONAL AFFILIATIONS Nat'l. Society of Professional Engineers; Florida Engineering Society; American Institute of Architects; American Concrete Institute; UCF Alumni; Lifetime Member Employee Bu i Id i ng , Dee rfie Id Beach, FL 17,960 sf; (1)-story facility City Administration Building, Oviedo, FL 20,000 sf; (2)-story facility Kissimmee Utilities Authority Office / Control Center, Kissimmee, FL 35,000 sf; (3)-story Office / Electronic Control Center New Sheriff's Department, Seminole County, FL 15,000 sf Administrative /Juvenile Justice Center Fire Station & Public Safety Complex, Lakeland, FL 30,000 sf facility Public Works Building, Deerfield Beach, FL 12,000 sf; (2)-story facility HUGO E. SOTO, P.E., VP Principal Geotechnical Engineer NODARSE & ASSOCIATES, INC. Education: Master of Science in Geotechnical Engineering, Utah State University, 1980 Bachelor of Science in Civil Engineering, Utah State University, 1979 Professional Registration / Certification: Professional Engineer, #56108, Texas, 1994 Professional Engineer, #36440, Florida, 1985 Aff iliationsl Memberships American Society of Civil Engineers (ASCE) L a s s o c I n T E I, INC. Mr. Soto has 27 years of experience providing geotechnical engineering and consulting services. These services include laboratory studies, geotechnical design, analyses and recommendations related to the design and construction of foundations and geotechnical exploration programs. Mr. Soto is knowledgeable in the analysis and evaluation of field and laboratory data, performing in-situ soil testing, in-place permeability testing, geophysical explorations and Special inspection services for commercial structures. He has evaluated bearing capacity and settlement for different types of shallow and deep foundation systems. His analysis has included the evaluation of retaining walls, sheet piling systems, slope stability analysis of conventional and reinforced embankments, evaluation of drilled shafts, augercast piles and driven piles. His experience includes the evaluation, design, and implementation of different subsurface improvement programs such as the application of dynamic compaction, preloading, compaction grouting, vibro-compaction techniques, and CSV System. He has performed studies including monitoring vibrations of structures during construction. Select Projects: Pedestrian Bridge El Rio Canal Pathway From Yamato Road to L- 40 Canal Boca Raton, Florida - Principal Geotechnical Engineer involved in geotechnical services in connection with a pedestrian bridge over the existing L-4OE-4 Canal Intersection. FDOT Districtwide Materials Testing District IV, Contract No. C- 73 18 - Project ManagerBenior Geotechnical Engineer involved in coordination, reviewing the field exploration, laboratory testing and geotechnical studies to provide recommendations for roadways, bridges, MSE Walls, cantilever walls. SR836 Interchange Improvements at the Florida Turnpike; Miami- Dade County, Florida - Senior Geotechnical Engineer to coordinate and review field exploration, laboratory testing and geotechnical recommendations for bridges and walls supported on piles and shallow foundation. Port of Miami Tunnel, Miami-Dade County, Florida - Senior Geotechnical Engineer to provide coordination and review of the field exploration for borings drilled using a jack-up-barge in the Main Channel to an elevation of -150 feet NGVD. Provide field exploration and laboratory testing results of borings performed at Watson Island, Dodge Island and under the Main Channel. HEFT/SR874 PD&E Study from Mile Post 12 to Mile Post 18; Miami-Dade County, Florida - Senior Geotechnical Engineer to coordinate and review field exploration, laboratory testing and recommendations for bridges, walls and roadways. Hugo Soto, P.E. Page 1 of 1 Nodarse & Associates, Inc. EXPERIENCE GANESH JIAWON, MRICS, CGC, LEED AP Ganesh has been the President of CMI since its incorporation in March 1995. His construction career started in 1979 when he successfully completed his Diploma in Building and Civil Engineering. He was employed as an assistant Quantity Surveyor at W.A. Kauffman and Associates, a Chartered Quantity Surveying firm that specialized in providing Owner representative and project management services. By working on numerous projects that were funded by grants from the Government of Guyana or by international aid organizations, he gained invaluable experience in the areas of project management and contract administration. After relocating to the U.S., he obtained his Construction Management degree with highest honors from Pratt Institute, New York. This he achieved while working full-time as a contract administrator, project manager and estimator with New York developers and program management firms. In Florida, Ganesh was employed by Construction Management and Project Management firms and had responsibilities for estimating, scheduling and contract administration. In the meantime, he successfully completed his studies with the Royal Institution of Chartered Surveyors (RICS) with whom he holds a Diploma in Quantity Surveying. In Florida, Ganesh has worked on many projects - large and small. He has applied the principles of Construction Management and Chartered Quantity Surveying towards the success of a long list of public projects and satisfied Owners. He and key members of his staff are intimately familiar with Construction Technology and Project Cost Control techniques. Ganesh has successfully completed the formal Value Engineering Module 1 and 2 workshops leading towards certification as a Certified Value Specialist with the Society of American Value Engineers (SAVE) International. His expertise includes conceptual budgets, cash flow projections, value engineering, life cycle cost analysis, bid evaluation and analysis, measuring accurate scope and quantities for change orders, project management and contract administration, etc. He also has a working knowledge of the critical path method (CPM) scheduling and the Primavera Project Planner software. The rigorous training combined with the thorough education and experience he gained with the RICS has made him a suitable candidate who is qualified to advise the Owner on all aspects of cost control and contract administration, from a Project’s inception to its completion. He advises the Owner on scope vs. budget, estimating updates, bid analysis and recommendations, form of contract and scope classifications, analysis of trade payment breakdown, examination and recommendation of Contractor’s payment requests, and final close-out of the project. Ganesh’s training and experience are also emphasized in the area of document control, whereby minutes of meetings, status reports and other forms of communication flow smoothly among all the parties involved. In addition to nipping problems in the bud, responsible documentation and flow of communication will ultimately provide the Owner with a complete audit trail. Principal-in-Charge /Project Manager / EDUCATION Diploma in Quantity Surveying (RICS) - 1993 B.S. in Construction Management (Pratt Institute) 1985 Technician Diploma in Building and Civil Engineering (CGLI) I979 REGISTRATION State of Florida, CGC #I50521 7 PROFESSIONAL AFFILIATIONS Member of the Royal Institution of Chartered Surveyors, England, I979 Ganesh Jiawon, MRICS, CGC Principal-in-Charge / Project Manager Representative Project Experience for Ganesh: Alachua County Courthouse, FL 0 Brevard County Portable Replacement Project, FL 0 Ft. Lauderdale High School, FL 0 Hillsborough County Medical Examiners, FL 0 Lake County Detention Center Renovations, FL 0 Lake County Judicial Center Renovation, FL MDCPS Miami Jackson Sr. HS - State School "SSS", FL Miami-Dade County Public Schools Parkview ES, FL Nassau County Courthouse, FL 0 0.I.A Airside 2 Expansion, FL 0 O.I.A. Airport Security In-line Baggage Screening, FL O.I.A. Airside 1 & 3 Renovation Study, FL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O.I.A. Concessions Tenant Improvement, FL O.I.A. Fourth Runway Program, FL O.I.A. Hurricane Charley EM Recovery Program, FL O.I.A. North Terminal Complex Capacity Study, FL O.I.A. North Terminal for South Terminal Connector, FL O.I.A. Site & Infrastructure Improvements for Tradeport & West Airfield Development, FL O.I.A. South Terminal Complex, FL OCCC HVAC Upgrades Phases 1 & 2, FL OCCC NorWSouth Bldg Gas Header-Task 39, FL OCPS Edgewater HS (College Park) , FL OCPS Ridgewood Park Elementary School, FL OCPS Tildenville, Elementary School, FL OCPS Windermere, Elementary School, FL 0 0 0 0 0 0 0 0 0 0 0 Okaloosa County Judicial Facilities Master Plan, FL 0 Orange County Phoenix & Genesis HVAC Retrofit, FL Orange County Administration Center Level 1,2 & 3, FL 0 Orange County Animal Services Facility, FL a Orange County Call Center, FL 0 Orange County Convention Center Ph. 111, IV & V, FL Orange County Convention Center Security Barriers 0 Page 2 of 2 Orange County Cypress Grove Restroom, FL Orange County DUI Interior Alternations, FL Orange County EPD Bldg Renovation, FL Orange County Fire Station #59 Master Plan, FL Orange County Fire Stations #27,28 ,& 29 Master Plan, FL Orange County Fire Station No. 81, FL Orange County Hazard Mitigation Grant Program, FL Orange County Horizons Building Training Office, FL Orange County IOC 1, 3rd Floor Alterations, FL Orange County Fire Station No. 41 HVAC, FL Orange County Juvenile Justice Center Expansion, FL Orange County Library 3rd Floor Renovation, FL Orange County Fire Station No. 35 GMP, FL Orange County Public Works Chiller Replacement, FL Orange County Public Works Bldg. 9 Replication, FL Orange County Sheriff Central Complex Phase 2, FL Orange County Tenant Improvement FAMU, FL Orange County Trail Phase 1, Exterior Landscape Management, FL Orange County UF Cooperative Extension, FL Orange County Utilities Solid Waste Department Office Bldg. AK Modifications, FL Orange County West Orange Trail & Bridge, FL Orange County-Executive Air Center Fire and Rescue Hangar, FL Palm Beach County Convention Center, FL Seminole Community College - Various Projects, FL Seminole County Jail Expansion, FL Seminole County Maintenance Building, FL Seminole County Public Schools Keeth Elementary School Air Distribution System, FL St. Lucie County School Board, Admin. Building, FL Gary W. Siebein, FASA, AIA President/Senior Principal Consultant CITY OF RESIDENCE Gainesville, Florida EDUCATION Master of Arts in Architecture (1980) University of Florida B.S. (1972) and B. Arch. (1978) Rensselaer Polytechnic Institute PROFESSIONAL REGISTRATION Registered Architect, State of Florida No. 8846 PROFESSIONAL MEMBERSHIPS American Institute of Architects Acoustical Society of America (Fellow) Acoustical Society of America Florida Chapter (President) National Council of Acoustical Consultants American Society for Testing and Materials American Society for Heating, Refrigerating and Air-conditioning Engineers Orlando Operations Center NASA Operations Support Building II Mr. Siebein has over 28 years experience in all phases of acoustical design, performance, and assessment in buildings from conceptualization to construction administration and post- occupancy studies. He specializes in acoustical analysis for many building types including state-of-the-art emergency operations and communication centers to develop cutting edge, yet practical solutions for sound enhancement and noise mitigation. He is able to optimize design solutions that are both creative and value-engineered. He founded Siebein Associates, Inc. to bring the advanced acoustical modeling, measuring, predicting and evaluation tools developed in his university research laboratory to truly value engineer acoustical systems in a wide variety of actual building acoustic and environmental noise projects. He has worked on the following selected projects: Greater Orlando Airport Authority Offices 0 0 0 0 0 0 0 0 0 0 0 'LEED Certified Orlando Operations Center, Orlando, Florida NASA Operations Support Building II, Kennedy Space Center, Florida Greater Orlando Airport Authority Offices, Orlando, Florida G.E. Transportation and Aircraft Engines Learning Center, Evendale, Ohio LYNX Regional Intermodal Center, Orlando, Florida Duval County Courthouse, Jacksonville, Florida Tradeport Building Renovations, Atlanta, Georgia Twin Lakes Office Complex, Sarasota, Florida* Montgomery County Public Safety Training Academy, Rockville, Maryland Sarasota County Jail, Sarasota, Florida Hernando County Courthouse, Brooksville, Florida Hillsborough County Sheriffs Office, Hillsborough County, Florida Leon County Commission Chambers, Leon County, Florida I Consultants in Archlfecturol Acoustics I VANUS BO QIAN, PE SENIOR ITS SPECIALIST Mr. Qian has more than 11 years of experience in project management, engineering, planning, design, construction, and maintenance of Intelligent Transportation Systems (ITS) projects. His experience includes projectltask leadership experience, project schedule and budget control, as well as extensive hands-on experience in design, procurement, installation, and integration services. Mr. Qian serves as the Project Manager for Florida Department of Transportation (FDOT) D4 ITS General Consultant Contract and provides engineering consulting services to the FDOT ITS Office in managing their on-going design and construction programs. In his current capacity, Mr. Qian is stationed at the FDOT SMART SunGuide Traffic Management Center (TMC) in Ft. Lauderdale, Florida Intelligent Transportation Systems FDOT District Four Districtwide ITS Consultant; Project Manager. Responsible for providing oversight of tasks and deliverables performed under this contract, oversees sub-consultant activities; tracking contract budget, inventory, and tasks assigned, and provide monthly updates, status of work and cost summaries; establishing, maintaining and expanding effective working relationships with clients and partners. Providing the FDOT with engineering consulting service to assist in the management of their $100 million ITS construction program. 1-595 Public Private Partnership (PPP) Project; ITS Task Manager. Responsible for developing the technical requirements for the design, construction, operation and maintenance of 1-595 ITS to support transportation management and operations of express lanes and the general purpose lanes on 1-595 corridor. As part of this $1.7 billion 1-595 widening and reconstruction project, 1-595 ITS includes a fiber optic communication network subsystem, a Reversible Express Lanes Access Control subsystem, a Closed Circuit Television (CCTV) camera traffic monitoring subsystem, a Dynamic Message Sign (DMS) subsystem, a Microwave Vehicle Detection Station (MVDS) subsystem, and an Electronic Toll Collection (ETC) subsystem. 1-95 Express Lanes Phase 11, Broward County, Florida; Task Manager. Developing the technical functional requirements for design- build, integration, testing, and training of 1-95 Managed Lanes ITS project Phase 11. Northern 3 Counties 1-95 ITS Design-Build; Consultant Project Manager. Developing the complete bid package for this $26 million design-build project, including developing the scope for the request of proposal, technical specifications, scheduling and engineering and construction cost estimate, reviewing the bid proposals and recommending the selection criteria; oversight of the construction management, reviewing and recommending responses to the request for information (RFI) and project submittals from contractors. Palm Beach County 1-95 ITS Design-Build; Consultant Project Manager. Responsible for developing the complete bid package for this $24 million design-build project, including the development of scope of service, technical specifications, scheduling and engineering and construction cost estimate. Broward County Advanced ITS Design-Build; Consultant Project Manager. Responsible for developing the complete bid package for this $8 million design-build project, including the development of scope of service, technical specifications, scheduling and engineering and construction cost estimate. The deployment includes arterial DMS subsystem, a wireless mobile IP (VoIP) subsystem, and a Road Weather Information System (RWIS) subsystem. 1-75 11-595 ITS Deployment Phase I1 Construction Engineering and Inspection (CEI); Project Manager. Directed this highly complex and specialized CEI program. Responsible for all aspects of the design, integration, and construction of 50 miles of new fiber optic backbones, 53 closed-circuit television (CCTV) cameras, and 133 vehicle detection stations (VDSs) along the I-75/I-595 corridors. Plans and organizes the work of subordinate and staff members. Develops and reviews policies, methods, practices, and procedures and review programs for conformance with FDOT standards. Responsible for resolving all technical issues during the entire project course and provided the design review comments for design packages and Technical Special Provisions (TSPs). EDUCATION: B.S., Civil Engineering, Southeast M.B.S., Computer Science, Florida M.B.S., Transportation Engineering, University, China Atlantic University University of Connecticut REGISTRATION: Professional Engineer - Ohio - Florida YEARS OF EXPERIENCE: 11 YEARS WITH VANUS: 1 SPECIALIZED TRAINING Network Management - Cisco Router - Switch - Firewall - Windows Network - Citrix - Veritas - Arcserve - VPN Language - Visual Basic/B Script - Java - c/c++ - ASP Database SQL Server 7.0/2000 Oracle 7/8i Sybase GIS Arcinfo MapInfo Maptitude MapPoints CAD - Microstation Intergraph - AutoCAD 14 BO QIAN, PE SENIOR ITS SPECIALIST (Continued) 1-95/1-595 Video Monitoring Systems Phase I CEI; Project Manager. Responsible for all aspects of the design, integration, and construction of 45 CCTV cameras and 105 vehicle detection stations along the I-95/I-595 corridors. The project includes approximately 39 miles of fiber optic backbone utilizing IP-addressable ITS devices over a Gigabit Ethernet technology as the transport mechanism back to the Regional Traffic Management Center (RTMC). Tasks included contract management, supplemental agreement negotiations, claims negotiations, supervision of the project’s office and inspection staff, construction management; responsible for resolving all technical issues during the entire project course and provided the design review comments for 60 percent, 100 percent, and final design packages and TSPs. Responsible for all equipment submittals and RFIs reviews, including the ITS field device testing, “spot” survey verification services, conduit and fiber testing, system conditional acceptance testing and inspection services. 1-75 ITS Master Plan; Task Manager. Responsible for the ITS communication network design, including the design of communication system-level architecture and requirements, system analysis, and design for TMC and communication system configuration management. Responsible for the analysis of ITS devices including CCTV cameras, DMSs, HAR, VDSs, and weather information systems. The communication components including fiber optic cable, wireless Ethernet backbones, Point-to-Point and Multipoint wireless methods, video compressions, video encoderldecoder, Gigabit Ethernet Switches, hardened Ethernet switches, media converter, and serial to Ethernet terminal servers. Incident Tracking Database System, Broward and Palm Beach County; Project Manager. Responsible for the full life cycle for the design and developing the web-based Incident Tracking System for the FDOT. Authored all major technical documents; also responsible for system integration and management for web server, Cisco Firewalls, and SQL Server 2000 database. Miami-Dade Expressway ITS; Task Lead responsible for ITS Master Plans, including the design of communication system-level architecture and requirements, system analysis and design for TMC and communication system configuration management, the analysis of ITS devices including CCTV cameras, dynamic message signs (DMSs), highway advisory radio (HAR), and traffic detection stations. 17‘h Street Causeway Project IT Service; Task Manager. Responsible for full development cycle of the network design, hardware and software specifications, procurement, and configurations. Network elements include the database, web server, and Citrix application server that allow all staff to access the central server through any internet browser and utilize the applications and databases hosted on the server in a seamless and concurrent way. Golden Glades Interchange CCTV Expansion, Miami, Florida; Project Engineer. Responsible for plans, specifications, and engineering (PS&E) design packages (Microstation) for all CCTV installations. Responsible for CE1)on daily construction activities, FDOT daily, weekly and monthly construction reports and cost estimates. Caltrans District Seven TOS, Los Angeles, California; Project Engineer. Developed PS&E documents including DMSs, CCTV cameras, HAR and VDSs, utilizing communications media such as fiber optic cable, dedicated data lines, and spread spectrum radio. Collaborates in the design and development of ITS concepts, including requirements analysis, technology review and selection, operational concepts development, and communication, specifications development, and testing. 1-5 Corridor Improvement MIS, Los Angeles and Orange Counties, California; Transportation Engineer. Responsible for analyzing the 1-5 ramp/arterial intersections, identifying existing and future problems and deficiencies, assessed the ability of the existing facilities to meet future travel demands, analyzed trip generation, distribution and travel mode for the corridor. Prepared designs, specifications and estimates packages and utilized Microstation Intergraph tools. TAHIRA A. FAQUIR, PE, CPM SENIOR TRANSPORTATION MANAGER Ms. Faquir has over IO years of experience in ITS and traffic operations studies. Prior to joining VANUS, Ms. Faquir worked as both a private sector consultant as well as an assistant District Traffic Operations Engineer for FDOT District Four. Examples of her project experience are outlined below. Intelligent Transportation Systems Orlando-Orange County Expressway Authority (OOCEA) Traffic Management Center (TMC) Study; Project Manager. Developed a feasibility study that evaluated the possible development of a new TMC to house OOCEA ITS operations, the potential use of the existing OOCEA headquarters as a TMC, and the potential for relocation of the existing District Five Regional TMC (RTMC) Operations to the OOCEA headquarters. Managed internal company assets including architectural personnel, interacted with outside stakeholders to solicit input such as the Florida Highway Patrol (FHP), and provided technical writing for the study and presentations on progress and outcomes to the client. FDOT Statewide Traffic Incident Management (TIM) Consultant; Deputy Project Manager. Assisted the State in the continuation of its strategic goals and objectives for traffic incident management, including development of outreach materials for Road Rangers, implementation of the existing goals of the strategic plan, and the development of new projects. FDOT Statewide ITS General Consultant, Florida; Deputy Program Manager. Managed project team members, developed new project concepts and budgets, and assisted the FDOT in developing overall ITS program goals. This project is a task work order based project. Task work orders included: - FDOT TMC Collocation Study. Developed a white paper on collocation of various agencies in Florida’s RTMCs. This white paper included a review of national practice on RTMC collocation as well as an evaluation of the potential for success of collocation in Florida RTMCs. FDOT Contraflow Risk Assessment and Mitigation Analysis. Assisted in a risk assessment of the 1-75 Contraflow Plans and development of recommendations for mitigation. This project included a review and assessment of existing plans, information-gathering from the agencies responsible for the contraflow plan implementation such as FHP, emergency management services and internal FDOT departments, and documentation of the findings. - FDOT Integrated Corridor Management. Assisted in the development of the FDOT’s application to Federal Highway Administration (FHWA) in pursuit of the discretionary cooperative agreement for integrated corridor management (ICM). This effort included stakeholder consensus-building, development of a letter of intent for project participants, and development of an overall project concept document for submission to FHWA. FDOT Contraflow Evacuation Infrastructure Improvements. Assisted in the development of recommendations to the FDOT for infrastructure improvements to its contraflow routes. The project involved a national evaluation of various states’ contraflow plans, including Alabama, Mississippi, Texas, Virginia, and the Carolinas, to identify best practices and strategies. These recommendations assisted the FDOT in securing over $6 million for improvements. - FDOT ITS Standard and Specifications Development. Assisted in the development of standards and specifications for ITS in Florida. Worked with the FDOT to ensure that the ITS specifications became part of the FDOT’s Standard Road and Bridge Construction Specifications publication, and assisted in writing and reviewing the original specifications. Assisted in the development of standard ITS detail drawings for inclusion in the FDOT Standards. - - EDUCATION: B.S. Civil Engineering, Florida State University REGISTRATION: Professional Engineer - Florida Certified Public Manager YEARS OF EXPERIENCE: 10 YEARS WITH VANUS: <1 AFFILIATIONS: Florida Engineering Society National Society for Professional Certified Public Manager Society of Women’s Transportation Society Engineers Florida SPECIALIZED TRAINING: FDOT Leadership Academy, 2004 TAHIRA A. FAQUIR, PE, CPM SENIOR TRANSPORTATION MANAGER (Continued) - FDOT Hurricane Response Action Plan. Developed an action plan to assist the FDOT in preparation for future hurricane occurrences, in response to the numerous hurricanes that occurred in Florida in 2004. The plan details responsibilities for both the FDOT District Offices as well as the FDOT Central Office relating to signal timing for evacuation, ITS recovery actions, Road Ranger operations, and the need for new policies on the placement of mast arm signal structures versus strain poles, etc. FDOT Statewide ITS Architecture Update. Led the multi-consultant team in the update of the Florida Statewide ITS Architecture. Responsibilities included managing the contract sub-consultants; running both initial and follow-up stakeholder workshops in all seven FDOT districts, the Florida’s Turnpike, and Central Office; and general oversight and review of all contract deliverables, including technical memorandums, a website for housing the final architecture documents and technical memorandums, and obtaining final FHWA approval of the Statewide ITS Architecture. In addition, developed general architecture use training for stakeholder participants. 1-95 Jacksonville ITS Phase V Expansion. Served as Project Manager for the design of the freeway management system (FMS) on 1-295 from 1-10 south to 1-95. This project included the design of a 23-mile expansion of the existing system using Ethernet communications over fiber optic cable. The system includes 2 1 closed-circuit television (CCTV) cameras, 47 vehicle detectors, and 10 dynamic message signs (DMSs). Developed the systems engineering management plan (SEMP) for the project. Other responsibilities included attending construction project meetings as a representative of the engineer of record and reviewing submittals as necessary FDOT 1-75 Design-Build Package. Assisted in the preparation of the design-build request for proposals (RFPs) and specifications for a 98-mile FMS consisting of 26 DMSs, 81 CCTV cameras, 2 road weather information systems (RWIS), and 126 non-intrusive vehicle detection devices using a Gigabit Ethernet fiber optic communications system. Assisted in post-design efforts by providing technical assistance and project management support. FDOT ITS Operations and Replacement Funding. Assisted the FDOT in securing over $142 million for a 10-year ITS operations and replacement budget plan. This effort included identifying operations and replacement costs from seven FDOT districts and Florida’s Turnpike Enterprise, the compilation and analysis of this information for comparison against national standard costs, coordination with FDOT senior management on the findings, and development a 10-year budget package and a white paper for review by the FDOT Executive Committee. This project has included an on-going update of the budget on an annual basis for FDOT. - - - - Other Experience While with the FDOT District Four as an Assistant District Traffic Operations Engineer (2002 - 2004) and an ITS Project Manager (2000 - 2002), Ms. Faquir was responsible for: Development and management of the District Four ITS program. Provided oversight of all aspects of the program from planning through construction, presentations to local Metropolitan Planning Organizations on ITS and the FDOT projects, coordination with other state and county agencies on their ITS and ATMS Programs and budgets. Development of an ITS Business Plan. Developed a plan to integrate into the District Four traffic operations overall business plan. This plan was considered one of the original “floor business plans” that could be traced to the overall FDOT Business. Development and maintenance of the ITS work program. Developed a five-year operating budget for the ITS program including both capital costs for infrastructure, and operations and maintenance costs. Management of ITS staff and consultants. Managed staff of three FDOT employees including career development responsibilities as well as day-to-day work oversight. Managed approximately 20 consultant staff day-to-day work and contract assignment. Interim Traffic Management System (ITMS). Developed the initial concept development, oversight of the design, construction, and operations of the entire system. This included development of scope documents, procurement of consultant services, and initial implementation of 24 hour17 day a week operations for the system. The system was unique to the industry at the time and responsibilities included educating decision makers at the FDOT as well as the FHWA on the necessity of the system and the method of procurement necessary to complete the project as envisioned. Also included were public outreach responsibilities including press conferences and news interviews. Advanced Public Transportation System Program (APTS). Developed the program goals, stakeholder coordination, and scope of service development, consultant selection, and program management. Duties included the coordination of Broward County Traffic Engineering, Broward County Transit, Palm Beach County Traffic Engineering, and Palm Tran into a steering committee for the program and resulted in a Master Plan for these agencies outlining implementable projects in a five-year timeframe. e GENERAL INFORMATION SUBMITTAL FORM RFQ NO.: TITLE: 2008-01 0 DESIGN CRITERIA PROFESSIONAL - MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER Complete as Applicable Harvard Jolly, Inc. Firm Name: -_______ I__ Address: 3201 W. Commercial ___ Blvd., Suite 225 ~- (As registered with Florida Secretary of State) City: Lt. Lauderdale State: FL Zip Code: 33309 County: BEE@ Tel: 954-486-791 0 Fax: ____ 954-486-7825 Web-site: _W.haWrdwKCE ____ y london@harvardjolly.com Contact Person: Yvette London __ E-mail: __: __ Name of Parent Company (if applicable): Type of Firm: 5 Corporation c Partnership G Individual c Other If Corporation: Date Incorporated: I'darch 15, 1972 State Incorporated: Florida Date Authorized in Florida: Name of President:William B. Harvard, Jr. If Partnership: Date Organized: Type: General Limited E Other c Florida Secretary of State Document No.: 603450 -____ Florida State Board Certification(s) I applicable as follows - Professional Engineer's Certlficate No.: _____--- Date: -____ Date: Date: 01/04/2007 I Land Surveyor's 8 Mapper's Certificate No.: Architecture 8 Interior Design Registration No.: AAcooo119 - Date: 11/13/2007 Real Estate Commission Registration No.: Date: Landscape Architecture Registration No.: LAO000599 ___-_ firm Name: - Harvard Jolly, ~--___ Inc. ~--- (As registered with Florlda Secretary of State) 18 Federal Employer Identification No.: 59-1430579 Most recent financial statement attached: No Yes Blanket Professional Liability Insurance: No Yes 5 Amount:$ $~,OOO~OOO _ see attached Policy No.: If yes: Attach a copy of certificate showing policy number, company, amount, and expiration date. If no: Attach commitment letter from insurance company that project liability insurance would be provided to the qualifier, or a commitment letter for a non-assignable, nontransferable, irrevocable letter of credit created pursuant to Chapter 287, Florida Statutes, in a minimum amount of $250,000.00. Does your firm have a CADD system? No G Yes E Type. . AutoCAD Architectural ~ Desktop Ver. 2005-07 I hereby certify that the information contained in this package is true and correct to the best of my knowledge and that this firm is duly authorized to conduct business in the State of Florida. I further certify that neither the firm, nor any officer, director, employee of the firm or any of its affiliates have been criminally or civilly charged with antitrust criminal acts under State of Florida law which involved fraud, bribery, collusion, conspiracy, antitrust violations, or material misrepresentation with respect to a public contract, except for matters previously disclosed to the City of Palm Beach Gardens and filed in case no.(s) __ (If not applicable, enter NIA) with the Clerk of Agency Proceedings. organization fully comply with Title Vi provisions of the 1964 Civil Rights Act. I further certify that the employment practices of this Executive Vice President October 31,2008 Title Date List of Branch Offices in Florida Please include address, city, zip code, county, contact person, telephone number, and e-mail address. seeattached ____ -______________I_ ___ SECTION 2 - FLORIDA OFFICES / BRANCH OFFICE ATTACHMENT PER GENERAL INFORMATION SUBMITTAL FORM 'T. LAUDERDALE 3201 W. Commercial Boulevard, Suite 225 3. Lauderdale, FL 33309 'hone: 954-486-7910 2ontact: Yvette London, AIA, LEED AP, Senior Vice President i.londonQharvardjolly.com -T. MYERS 1575 Via Royale, Suite 101 3. Myers, FL 33919 'hone : 239-275-7774 Zontact : Jack Williams, Jr., AIA, Vice President .williams@harvardjolly.com IACKSONVILLE 341 Prudential Drive, Suite 1415 Jacksonville, FL 32207 Telephone: 904-396-3300 Zontact: Michael Young, CPSM n.youngQharvardjolly.com PUNTA GORDA 25074 Olympia Ave., Suite 120 Punta Gorda, FL 33950 Telephone: 941 -575-0403 Contact : Jack Williams, Jr., AIA, Vice President i.williamsQharvardjoIly.com ST. PETERSBURG 2714 Dr. Martin Luther King, Jr. Street N. St. Petersburg, FL 33704 Telephone: 727-896-461 1 Contact: Ward Friszolowski, AIA, Executive Vice President w.friszolowski@harvardjolly.com MAITLAND (ORLANDO) 2300 Maitland Center Parkway, Suite 210 Maitland, FL 32751 Telephone: 407-667-7727 Contact: Ronald N. Lang, AIA, REFP, LEED AP, Senior Vice President r.langQharvardjolly.com TAMPA 5201 W. Kennedy Boulevard, Suite 515 Tampa, FL 33609 Telephone: 81 3-286-8206 Contact: John Clees, AIA, NCARB, Executive Vice President ACKNOWLEDGEMENT FORM RFQ NO.: 2008-010 TITLE: DESIGN CRITERIA PROFESSIONAL - MUNICIPAL COMPLEX EMERGENCY OPERATIONS AND COMMUNICATIONS CENTER To: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 3341 0 Harvard Jolly, Inc. (Professional Consultant) agrees to provide DESIGN CRITERIA PROFESSIONAL SERVICES as defined in this Request for Qualifications document and in accordance with the requirements of the specifications and related work authorizations/contract documents. The undersigned Professional Consultant has carefully examined the RFQ requirements and related contract documents and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. The undersigned agrees to provide the DESIGN CRITERIA PROFESSIONAL SERVICES called for by the RFQ documents, in the manner prescribed therein and to the standards of quality and performance established by the City for the quality of service quoted. The undersigned agrees to the right of the City to hold the Request for Qualifications submittals and guarantees the future related proposals for a period not to exceed one hundred and twenty (120) days from the effective date of the contract term. The undersigned accepts the invoicing and payment policies specified in the RFQ. Upon award of this RFQ, the City and Professional Consultant each binds himself, itself, or herself, its partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements, and obligations contained in the RFQ Documents. The RFQ Document constitutes the entire agreement between City and Qualifier/Consultant and may only be altered, amended, or repealed by a Change Order or a written amendment. The Professional Consultant, by signing these RFQ Submittal pages, acknowledges and agrees to abide by all the terms, conditions, and specifications contained in this RFQ Document. Professional Consultant shall provide DESIGN CRITERIA PROFESSIONAL SERVICES within calendar days from receipt of Purchase Order or Work AuthorizationINotice to Proceed. $ENTITY 20 Address: __ Social Security Number (OR) Taxpayer Identification Number (TIN): Ward Friszolowski, AIA (Print name) Address: 2714 Dr. Martin Luther King Jr. Street North St. Petersburg, FL 33704 . 727 ) 896-4611 . 727 ) 894-0502 Telephone. (_____ ........................ Fax. (_____ Taxpayer Identification Number (TIN/EIN): ___ 59-1 430579 Florida State Under Which Corporation Was Chartered: ____________________________________ . William B Harvard, Jr. Corporate President. _________I Corporate Secretary: ________________________________________________-__---____ Corporate Treasurer. (Print Name) Jeffrey Cobble, Executive Vice President (Print Name) . R. John Clees, Executive Vice President (Print Name) CORPORATE SEAL Attest By: Signature: 21 DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more qualifications which are equal with respect to price, quality, and service are received by the City for the procurement of a DESIGN CRITERIA PROFESSIONAL, a qualification received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie qualifications will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. 2. 3. 4. 5. 6. As the 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. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing these services that are part of this RFQ a copy of the statement specified in subsection (1). In the statement specified in subsection (l), notify the employees that, as a condition of working on the DESIGN CRITERIA PROFESSIONAL SERVICES that are under the RFQ submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. Make a good-faith effort to continue to maintain a drug-free workplace through implementation of this section. person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Harvard Jolly, Inc. Company Name: Print Name: Ward Friszolowski, AIA, Executive Vice President E-mail Address: -w.friszolowski@harvardjolly.com -------- - -- 22 CERTIFICATE OF PROFESSIONAL LIABILITY INSURANCE ACORDm CERTIFICATE OF LIABILITY INSURANCE Harvard Jolly, Inc. maintains $3,000,000 per clairn/$3,000,000 aggregate professional liability insurance with Security Insurance-Hartford with $100,000 deductible per claim. Mn 1- 07102108 PRODUCER Suncoast Insurance Assoclaies P.O. Box 22668 Tampa, FL 33622-2668 813 289-5200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAlC t COVERAGES POLKIES OF INSURANCE usm nm REOUIREMENT. TERM OR MNOlTlON INSURED Haward Jolly, Inc. 2714 Dr Martin Luther King Jr St N St Petemburg, FL 33704 PERTAIN THE INSURNICEAFFOROEI ClES AGGREGATE LIMITS SHOWN MA ,: TlPE OF HSUMNCE QWERIL LWILIN .. - YSURERI Phoenlx Insurance Company 25623 IWURERB Travelers Indemnity Company 25658 INSURERC Travelers Casualty and Surety Co 19038 37885 INSURERD XL Specialty Insurance Company ORTrR~coYPENaAnO*WD YPLOVERS‘LUBIUW YV PROPRtETOWARTNEWEGUTWE FFKEWUEMBER EXCLWED? pdasohOunaSr ECIm PROVIStONS W THER Professional lability PTWNOFOIEU~U4lLOU~IYWI sslonal Llablllty is claims mad POLEVNUMBER 506514L487 UP7798Y577 B5238Y87 11108107 Is I SECTION 2 - LICENSES AND REGISTRATIONS The following licenses represent the Harvard Jolly Team proposed for your EOCC project. Excluded, due to the nature of the firms, are VANUS and Cost Management, Inc SECTION 2 - LICENSES AND REGISTRATIONS CERTIFICATE OF AUTHORIZATION NUMBER 6174 AUDITNO.: 0700- 002266 EXPIRATION: 28-FEB.09 WSUN AS REWRELl BV UW SECTION 2 - FINANCIAL STATEMENTS Harvard Jolly has provided our financial information in a separately sealed envelope. This envelope is labeled “CONFIDENTIAL FINANCIAL INFORMATION . ” SECTION 3 - HARVARD JOLLY PAST EXPERIENCE CLIENT Collier County Mr. Jim von Rinteln, Project Manager 3301 East Tamiami Trail COLLIER COUNTY- EMERGENCY SERVICES COMPLEX NAPLES. FL Naples, FL Phone: (239) 774-8444 PROJECT SCOPE New State-of-the-Art Emergency Operations Center SIZE 132,142 sf INITIAL OWNER BUDGET $36,000,000 FINAL CONSTRUCTION COST $39,701,358 ORIGINAL PROJECT SCHEDULE Completion by December 2008 ACTUAL PROJECT SCHEDULE Completion scheduled for December 2008 HJ SERVICES Architecture, Landscaping, Interior Design AFFILIATED FIRM Scharf & Associates, Inc The team of Harvard Jolly and Scharf 8, Associates worked with Collier County to program and design a proposed new facility to consolidate and protect County Emergency Service Functions, previously independently housed in buildings on the Governmental Center Campus. Our team held numerous meetings with County Staff, collected and analyzed present and future departmental requirements and developed a design and program for a 175 mph windspeed, category 5 hurricane hardened building of 132,142 sf. The four-story design features backup power and communications capability, infrastructure for a future fifth floor, protected parking, and meets the strict design guidelines required by Collier County. The facility houses all County Emergency Service Departments, including Emergency Management Services, Emergency Operations Center, Emergency Medical Services, Clerk’s MIS, Information Technology, Communications TV Studio and Media Briefing, Sheriff Substation, 91 1 Communications Center and Traffic Operations. All departments will share training and meeting rooms. Harvard Jolly met the design timeframe. Project schedule was previously delayed by Collier County due to site relocation. Project is currently under construction and anticipated to be completed by December 2008. SECTION 3 - HARVARD CLIENT Charlotte County Government Contact: Roger Warner 18500 Murdock Circle Port Charlotte, FL Phone: (941) 623-1002 PROJECT SCOPE New 30,000 sf. two-story Public Safely Complex SIZE 31.000 sf INITIAL OWNER BUDGET $1 0,000,000 FINAL CONSTRUCTION COST $1 1,000,000 ORIGINAL AND ACTUAL PROJECT SCHEDULE June 2007 HJ SERVICES Architecture, Interior Design, Landscape Architecture OLLY PAST EXPERIENCE CHARLOTTE COUNTY - PUBLIC SAFETY COMPLEX PORT CHARLOTTE, FL Located on high ground, highly visibly, and near interstate access, this two-story complex is a mixed use, emergency facility activated primarily during events such as hurricanes. It shares full-time space with the fire department, and includes emergency services for police, 91 1, and 21 1. The “heart” of the facility is the Command Center, a high ceiling space located in the center of the complex, surrounded by “break-out” rooms, emergency departments, radio rooms, and press areas. This “turn-key” project includes all site work, any off-site infrastructure, design and erection of a building to withstand major hurricane force winds and storm surge, and all necessary equipment and fixtures. Challenges: 9 9 = = Fast-track design construction for owner move-in in less than 18 months. Multiple departments and combination full-time and emergency only spaces. Provide a CAT 5 facility that meets the needs of a typical working environment. Strict security requirements on a modest budget. Solutions: = 9 = A preliminary bid package was issued to CM (who added contingencies) to achieve an early GMP. Follow-up details were used for contractor buy-outs. The Command Center, 91 1, 21 1, and police departments were emergency- only spaces that are move-in ready on the reduced access ground level. The hardened facility was constructed of tilt-up concrete with impact resistant windows. All building components were rated for 170 mph winds minimum. All full-time employee spaces had either exterior windows, or interior windows looking over the high ceiling command center. Minimizing entry points utilizing card readers and security cameras. ~ SECTION 3 - HARVARD JOLLY PAST EXPERIENCE CLIENT City of Punta Gorda Contact: Major Dan Libby 7474 Utilities Road Punta Gorda, FL Charlotte County Sheriffs Department Phone: (941) 205-5600 PROJECT SCOPE New Public Safety Complex including a 3-Bay Fire Station (91 1 Dispatch, Fire, & Police Headquarters) SIZE 19,533 sf INITIAL OWNER BUDGET $2,500,000 FINAL CONSTRUCTION COST $2,536,391 ORIGINAL PROJECT SCHEDULE Completion by January 2003 ACTUAL PROJECT SCHEDULE Completed December 2002 HJ SERVICES Architecture, interior Design CITY OF PUNTA GORDA - PUBLIC SAFETY COMPLEX PUNTA GORDA. FL The City of Punta Gorda commissioned Harvard Jolly Architects (in association with GTA Architects) to design a new public safety complex consisting of both police and fire headquarters. The site design presented a challenge because the new building was built on the same site as the existing public safety complex, and the existing facility had to remain operational until the new building was completed. This facility was designed with a planned future expansion area of 5,855 sf. Also, there is a separate 2,625 sf building housing the exercise room, impound, wash bay, and emergency generator. The building has four zones: police, fire, dispatch/911, and commonly shared spaces. All zones are accessible from the common entry lobby. The 91 l/communications portion of the building is self-contained with bullet-resistant walls and a concrete plank ceiling lid. It has a separate sprinkler and HVAC system from the rest of the building. The entire facility can be powered by an emergency generator, in the event of power outage. The police department serves the needs of records, administration, detective’s offices, interview rooms, squad and report rooms, and a meeting training room which may be shared with the fire department. Building design and material selection was influenced by the city’s downtown revitalization planning guidelines. The faCade resembles ”Mission style” vernacular featuring a stucco veneer, arched windows, and a Spanish clay tile roof. The entry design reflects historic architectural elements seen in the newly restored train depot in Punta Gorda. SECTION 3 - HARVARD CLIENT City of Zephyrhills Contact: Steve Spina City Manager 5335 8th Street Zephyrhills, FL Phone: (813) 780-001 1 PROJECT SCOPE New Police Facility with EOC SIZE 15,770 sf INITIAL OWNER BUDGET $2,400.000 FINAL CONSTRUCTION COST $2,410,000 ORIGINAL PROJECT SCHEDULE Completion by M ay 2004 ACTUAL PROJECT SCHEDULE Completed in February 2004 HJ SERVICES Architecture, Interior Design, Landscaping OLLY PAST EXPERIENCE POLICE FACILITY WITH EMERGENCY OPERATIONS CENTER ZEPHYRHILLS, FL The City of Zephyrhills commissioned Harvard Jolly Architects to provide a Needs Assessment and Building Program for a new police facility. In conjunction with these services, the City requested architectural expertise in selecting a good site from among the three sites being considered. Harvard Jolly completed these services in 2000, and then was commissioned to provide project implementation and architectural services for the new Police Headquarters and Emergency Operations Center. Construction finished in 2004. The new building for the Zephyrhills Police Department includes administrative areas, records, communications/dispatch, lockers/showers, intake/booking, vehicle sally port, booking, holding cells, criminal investigation division, emergency operations center and support areas. The design provides for a secure corridor system and limited access for the protection of both the general public and staff alike. Site design has been carefully planned to zone the site into three areas: public parking with access to main front entry, employee parking with access to staff entry, and patrol car parking in a secure parking lot. The facility was designed to withstand 130 mph winds and serve as the City’s Emergency Operation Center. A generator allows the facility to operate at full service during storm events. A communications and dispatch area was designed for maximum security and is located centrally within the facility and is a self- sufficient. Not only has it been designed as a “building within a building,” but it also has its own plumbing, mechanical and electrical systems. Building materials have been selected for security and long-term low maintenance. SECTION 3 - HARVARD JOLLY PAST EXPERIENCE CLIENT City of New Port Richey Contact: Chief Martin Rickus, Police Chief 5919 Main Street New Port Richey, FL Phone: (727) 841-4553 PROJECT SCOPE Needs Assessment, Site Selection, Building Programming and Building Design for New Facility SIZE 17,245 sf INITIAL OWNER BUDGET $2,254,650 FINAL CONSTRUCTION COST $1,805,405 ORIGINAL PROJECT SCHEDULE Completion by May 2002 ACTUAL PROJECT SCHEDULE Completed by February 2002 HJ SERVICES Needs Assessment and Building Program Site Selection Architecture, Interior Design CITY OF NEW PORT RICHEY - POLICE FACILITY / EOC NEW PORT RICHEY, FL The City of New Port Richey commissioned Harvard Jolly Architects to provide a Needs Assessment and Building Program for a new police facility. In conjunction with these services, the City requested architectural expertise in selecting a good site from among the eight sites being considered. The new state-of-the-art police facility includes administrative areas, vehicle sally port, booking, six holding cells, operations center, and support areas. The design provides for a secure corridor system and limited access for the protection of both the general public and staff alike. Site design has been carefully planned to zone the site into three areas: public parking with access to main front entry, employee parking with access to staff entry, and patrol car parking in a secure parking lot. The facility was designed to withstand 130 mph winds and serve as the City's Emergency Operations Center. Generator will allow the facility to operate at full service during storm events. The communications and dispatch area is designed for maximum security and is located centrally within the facility and is a self- sufficient entity. Building materials were selected for security and long-term low maintenance. The exterior design incorporates a friendly public image yet retains the need for protection. The facility was completed on schedule and opened in 2002. SECTION 3 - HARVARD CLIENT City of Winter Garden Contact: Mr. Marc Black 251 West Plant Street Winter Garden, FL Phone: (407) 656-41 11 PROJECT SCOPE Building Design for Fire Administration Services for the City of Winter Garden (a renovation of existing facility). SIZE 5,000 sf INITIAL OWNER BUDGET $500,000 FINAL CONSTRUCTION COST $674,000 ORIGINAL PROJECT SCHEDULE Completion by September 2009 ACTUAL PROJECT SCHEDULE TBD (currently on schedule) HJ SERVICES Architecture, Landscape Architecture OLLY PAST EXPERIENCE CITY OF WINTER GARDEN, FIRE ADMINISTRATION BUILDING WINTER GARDEN, FL Harvard Jolly was commissioned under our continuing service contract to convert an abandoned 5,000 sf city library into an economical office facility for the City of Winter Garden’s Fire Administration Services. The challenge was to update the facility, currently a French provincial inspired design, into a modern style while keeping the primary entrance at what was a drive-thru at the rear of the facility. The new facility will offer a medium-sized meeting room that can accommodate voting activities or community meetings that is secured by a card reader system from the Fire Administration Services. Fire Administration Services include Chief and Assistant Chief offices, clerical support areas, cubical workstations, break room, storage and code review offices. Services included complete architectural services through construction administration. SECTION 3 - HARVARD CLIENT City of Belleair Beach Contact: Mr. Reid Silverboard 444 Causeway Blvd Belleair Beach, FL Phone: (727) 596-4646 PROJECT SCOPE Needs Assessment, Space Planning, A/E Design Services for new community center with EMS services. SIZE 12.100 sf INITIAL OWNER BUDGET $3,500,000 FINAL CONSTRUCTION COST $3,600,000 ORIGINAL PROJECT SCHEDULE Completion by October 2009 ACTUAL PROJECT SCHEDULE TBD (currently on schedule) H] SERVICES Architecture, Landscape Architecture. Interior Design OLLY PAST EXPERIENCE BELLEAIR BEACH COMMUNITY CENTER WITH EOC OFFICES BELLEAIR BEACH, FL Following the initial scope meetings with the Building Committee and meeting with the Steering Committee, the scope has been finalized and organized into three phases for the 12,100 sf Belleair Beach Community Center. Phase I will include needs assessment, research meetings, partnership opportunities and space utilization analysis. Phase II will include analysis of city hall and site, site plan design alternatives and cost estimates. Phase Ill will include architectural and engineering services. The new facility will include a mayor’s office, clerk, police dept, EMS and public works department. Services include complete Architectural services through construction administration, as well as Landscape Architectural services and Interior DesignlSpace Planning. SECTION 3 - HARVARD JOLLY'S PROPOSED TEAM MEMBER PAST EXPERIENCE - &-% City of Winter Park Public Safely Complex Harvard Jolly's proposed subconsultants for the design criteria package for your EOCC have a wide depth of experience in similar facilities. The following listing of project examples ill offer similar scopes with demonstrated performances that adhered to both budgets and schedule. Further information for any of these projects can be supplied if required, at your request. GEORGE F. YOUNG. INC, CIV I L E N G I N E E RI N G CO N SU LTA N T Sarasota Police Department Headquarters, Sarasota Pinellas County Fire and EMS Training Facility, Clearwater Belleair Bluffs City Hall and Community Center, Belleair Bluffs Town of Indian Shores City Hall - Design Survey Experience Specifically for the Civ of Palm Beach Gardens: Alternate AIA Widening, Palm Beach Gardens Seacoast/Encon Efficient Reuse Master Plan, Palm Beach Gardens Anspach Parking Lot Expansion, Palm Beach Gardens Garden Oaks and Garden Plaza, Palm Beach Gardens (with Harvard Jolly Architects) BURTON BRASWEI I MlDDl FBROOKS STRUCTURAL ENGINEERING CONSULTANT Citrus County Emergency Operations Center, Lecanto, Florida St. Lucie County Emergency Operations Center, St. Lucie County, Florida Osceola County Joint Communication Center & Emergency Operations Center, Polk County Emergency Operations Center, Polk County Polk County Public Safety Complex, Polk County Lake Worth Public Safety Complex, Lake Worth Winter Park Public Safety Complex, Winter Park S. Tavares Government Complex with EOC and EMS, Tavares RClD Emergency Services Headquarters, Orlando New Police Station, Casselberry Fire Station and Public Safety Complex, Lakeland Public Works Building, Deerfield Beach Osceola County, Florida TLC E NGI N EFRl NG FOR ARCH ITECTU RF M EC HA N I CAL/E LECTRl CA L/P LU M BI N G EN G I N E E RI N G CONSULTANT Collier County Sheriff's Administration Building, Emergency Services Center, Naples City of Punta Gorda Public Safety Complex, Punta Gorda Cape Coral Public Safety Complex, Cape Coral Citrus County Emergency Operations and Maintenance Facility, Lecanto City of Cocounut Creek Public Safety Building Dispatch Room, North Lauderdale City of Coral Springs Public Safety Complex, Coral Springs City of Maitland Public Safety Building, Maitland City of New Smyrna Emergency Operations Center, New Smyrna City of Port Orange Emergency Center, Port Orange Gulf Coast Community College Emergency Operations Center, Panama City (with Harvard Jolly Architects) (with Harvard Jolly Architects) __ ___ ~ ~ SECTION 3 - HARVARD JOLLY'S PROPOSED TEAM MEMBER PAST EXPERIENCE Ncw Siiiyrtia He3ch knie(q.clrricy Onerations Center C/cy of Cucoa Police Ueparlmeni funla Gorda Public Safety Cornplf'x Gilchrist County Public Safety Complex, Trenton Hendry County Emergency Operations Center, Ft. Myers Gulf Power Critical Operations Center, Pensacola Lee County Emergency Operations Center, Lehigh Acres Miramar Multi-Service Center and Fire Station, Miramar Manatee County Emergency Operations Center, Bradenton Seminole County Public Safety Building, Sanford Stuart Public Safety Complex, Stuart SlEBElN ASSOCI ATES ACOUSTICAL CONSULTANT Orlando Operations Center, Orlando NASA Operations Support Building II, Kennedy Space Center Montgomery County Public Safety Training Academy, Rockville, MD Hillsborough County Sheriffs Office, Tampa VANUS ASSOCIATFS I NT E LLI G E NT TRANS PO RTATlO N SYSTEMS CO N SU LTANT FDOT District One ITS Consultant, Bartow Palm Beach County ITS Operations Facility Master Plan, Ft. Lauderdale City of Boca Raton ATMS Support, Boca Raton Broward County/Palm Beach County Advanced Public Transportation System Palm Beach County Interim Traffic Management System, Ft. Lauderdale FDOT District Four District-wide ITS General Consultant, Ft. Lauderdale (APTS) Master Plan, Ft. Lauderdale COST MANAGEMENT. I NC. (MINO RlTY FIRM1 COST CONSULTANT Okaloosa County Judicial Facilities Master Plan Orange County Fire Station #59 Master Plan Orange County Fire Stations #27,28 ,& 29 Master Plan Orange County Fire Station No. 81 Orange County Horizons Building Training Office, Orlando Orange County Fire Station No. 41 HVAC, Orlando Orange County Fire Station No. 35 GMP, Orlando Orange County Public Works Bldg. 9 Replication, Orlando Orange County Sheriff Central Complex Phase 2, Orlando Orange County Executive Air Center Fire and Rescue Hangar, Orlando NODARSE & ASSOCIATFS fMINORITY/ WOMEN -OWNED FIRM1 G EOTECH N l CAL S ERVl CES Fire Station # 56 - PBC Project # 03203, Vicinity SW 18th Street & Military Trail, Fire Station 66, Orlando South Florida Water Management District Boca Raton (Geotechnical Services on Various Projects) MEMORANDUM November 6,2008 Harvard Jolly, Inc. 25074 Olympia Drive Suite 120 Punta Gorda, FL 33950 To Whom It May Concern: I have been working with Harvard Jolly Architects for the past three years on the Charlotte County Public Safety Complex. This two-story complex is a mixed-use, emergency facility complex and also shares full- time space with the fire department and emergency services for the fire department, emergency operations staff, 21 1 staff, Information Technology equipment, and 91 1 equipment. The “heart” of this facility is the command center, which has a high-ceiling space located in the center of the complex. Additionally during emergency situations, the facility houses 91 1 , communications and marketing, and sheriff staff. Harvard Jolly successfully met alt of the challenges for this project which included an 18-month fast-track schedule, multiple departments and combination full-time and emergency only spaces, providing a facility to sustain category five hurricane winds, and providing strict security requirements for the facility under a modest budget. Our project was finished on time and within budget for the 2007 hurricane season. It has been a pleasure working with the team of Harvard Jolly Architects and I look fotward to working with them again in the future. If you have any further questions, please do not hesitate to contact me at 941-623-1002 or email Roger.Wamer@charlottefl.com. Sincerely, Roger A. Warner, PMP Project Manager FACILITIES CONSTRUCTION & MAXNTENANCE Project Management 18500 Murdock Circle #E6 I Port Charlotte, FL 33981 Phone: 941.623.1002 I Fax: 941.764.4150 OD, FLORIDA epartrnent of Design €2 canstsuction Management 2717Van Buren Street Wolly~wnod, FI, 33020-4819 October 2,2008 Re: Letter of Reference for Harvard Jolly, Inc, Arr=f.tbcts To Whom It May Concern; Harvard Jolly, Inc. Architects has provided professional archiictural sewices to the City of Hoflywood for approximately the past three years. During this period, Hanrard Jolly has successfully completed the design and construction administration phases for (2) of our City's largest facility projects. Currently, we are near ample-tian of a Haward Jolly designed City project with a projed cast of el- $7,000,M30.00. Without exception, I have been overall very pleased with the performance of Warvard Jolly. They consistently met all Critical deadline dates and were instrumental in bringing the projects within budget with minimal errors or omissions. WAhout reservations, I highly recommend the services crf Harvard Jolly, Inc, AahifBGt8. Please do not hesitate to contact me personalty at (954) 921-3900, if you wish to discuss this further. Stephe; R, Groh, A.I.A. Architect, DCM 1 . . W. CLIFF McDUFFIE Mayor CITY COUNCIL CLYDE C. BRACKNELL Council President ELIZABETH k GEIGER Vice President MICHAEL M. BUSSELL CATHI L. COMPTON LANCEA. SMITH Sl” P. SPINA City Manager LINDA D. BOAN City Clerk ’ THOMAS P. MG~LVANAH City Attorney City of Zephyrhills . 5335 Eighth Street Zephyrhills, Florida 33540-431 2 18 131 780-0000 FAX 181 31 788-0005 May 14,2002 - Mr. Ward J. Friszolowski Vice President Harvard, Jolly, Clees and Toppe Architects 2714 9* Street North St. Petersburg, FL 33704 Dear Ward: On behalf of the City of Zephyrhills, I would like to thank you for the very professional design proposal and renderings of the “Robert G. Howell” Police Station, presented to City Council last evening. Council and staff both are impressed with the detail of the renderings and the vast improvements this building will provide to the operation of the police department in its service to city residents. It has been a pleasure working with both Jorge and you, and I look forward to meeting with you in the future as we guide this project to its completion. Again, thank you. Sincerely, Steven F. Spina City Manager DEPARTMENT OF FACILITIES MANAGEMENT DIVISION OF SUPPOR" SERIXES r April 19,2001 Re: Collier County Courthouse Engineering Services To Whom It May Concern: 3301 E. TAMIAMI TRAIL NAPLES, FL 341 12 FAX (941) 793-3795 (941) 774-8380 - A CEKTIPIEO BLUE CXIP COMMUNITY As Facilities Management Director of Collier County, Floricld, I have had the pleasure of working with the engineering professionals at Tilden Lobnitz Cooper on numerous occasions, and recommend the firm without reservation. TLC recently completed mechanicat and etectrical design on a $2 million, 25,000-sf.ft. Fit-up of the fourth floor shell space at the Collier County Courthouse, which included the addition of three new courtrooms, three judges' chambers, public defenders' offices, and holding cells. Critical issues such as indoor air quality, temperature control, and noise control were meticulously addressed to ensure maximum comfort for the judges, jurors, attorneys, witnesses, spectators and court personnel. TLC engineers worked closely with key facility personnel to modify the existing sixth floor mechanical room air handling units to produce a flexible, effective air distribution system for the fourth floor courtrooms, where occupancy can range from 15 to 200 and where strict guidelines prohibit more than 50% relative humidity. Other crucial design components include independent temperature control systems for the judges' chambers and the judicial benches, and independent lighting control at the judges' podiums. The jury rooms have dedicated temperature control features, which are especially important when a jury is sequestered for long periods of time. The interior circulation system for the judges is maintained secure and separate from the prisoner entrylexit to the courtroom. TLC worked closely with the security consultant for the wiring and proper operation of ail alarm and security devices. The courthouse renovation Is one portion of a phased $32.5 miflion project, which includes the expansion and renovation of the Naples Jail Center; the expansion, renovation, and consolidation of the Collier County Sheriffs Operations; the demolition of the existing and design of the new lmmokalee Jail Center, and the expansion of the chiller plant. These are only a few of more than 50 Collier County Public Works Engineering Depattment and Facilities Management projects for vvhich TLC has provided mechanical and electrical designs in the past five years. Whatever the engineering challenge, TLC has worked closely with me and with other county officials to provide innovative solutions, while meeting the invariable time and cost constraints. It's that kind of commitment that makes TLC an invaluable partner on any design team. I remain, Skip Camp Collier County Director of Facilitfes Management SECTION 4 - UNDERSTANDING OF THE PROJECT AND PROJECT REQUIREMENTS tiidfport t’olice Slalioii. Ciiy Hall w//h EUC /’iirila Gorda Public Safely Complex THE IMPORTANT ROLE OF THIS PROJECT FOR THE CITY OF PALM BEACH GARDENS COMMUNITY The new Municipal Complex EOCC plays a vital role in assuring the continuity of operation of the City of Palm Beach Gardens in an emergency situation. As a central command, this facility is responsible for the strategic overview of an emergency by collecting and analyzing data, making decisions that protect life and property and disseminating those decisions to all concerned agencies and individuals. The ability to communicate is crucial to this mission since this facility will operate as the central hub for law enforcement communications, emergency dispatch and information systems for the City. Although emergency situations can occur based on a variety of circumstances, the unique and overriding characteristic of the EOCC is its ability to provide “near- absolute” protection during an extreme-wind event. Based on our experience in working with FEMA, we understand the specialized design criteria for this facility including FEMA 361 (Design and Construction Guidance for Community Safe Rooms) and DOE-STD-1020 (Natural Phenomena Hazards Design Criteria for DOE Facilities). Since many building components have not been designed or tested to meet these extreme conditions, our experience in designing these hardened facilities provides valuable insight into what systems are available, saving both time and costs. Despite the importance of survivability, this facility also houses operations that occur in times of non-emergency. Since activities, such as the 91 1 call center, create significant stress on the occupants, the facility must provide an environment that helps to relieve this stress. Factors such as proper acoustics and lighting play a pivotal role in not only reducing stress but also increasing productivity. Since this facility will likely accommodate several City departments, identifying the unique needs of each department is crucial to the success of the design. Harvard Jolly takes great pride in our ability to carefully listen to each of the stakeholders and develop solutions that are responsive to their needs. Often, due to a variety of constraints, we have to seek compromise when the need of users exceeds resources. Harvard Jolly’s objective is to seek creative solutions to overcome limited resources and work proactively to build consensus. Consensus of the stakeholders is crucial to successful implementation of the plan. HOW OUR TEAM CAN HELP Harvard Jolly has had the opportunity to design emergency operation centerslemergency services centers for Lee, Collier, Pinellas and Charlotte Counties, along with the Cities of Seminole, Punta Gorda, Gulfport, Lake Wales, Zephyrhills and New Port Richey. Building and space programming will be developed in order to maintain a successful flow and functionality of the new EOCC. SE TlON 4 - UNDERSTANDIN! OF THE nOJECT AND PROJECT REQUIREMENTS Harvard Jolly has a keen understanding of the issues surrounding EOC’s, which include: Establish criteria - Category 5 - 175 mph windspeed - Generator - Seven-day supply of fuel -Water, Sanitary Sewer, etc. - Command Center - number of occupants - Sleep quarters - Lockers/showers Program spaces Dual use of space Telecommunications Location of Common Elements - Food service - Day rooms / sleeping areas - Offices - Break-out rooms - Restrooms I showers The design for this facility will encompass all of the unique attributes that contribute to the most advanced thinking in the field, including: Complete building hardening that will sustain and withstand hurricane Facility/site/systems redundancy to maintain disaster-ready operations Comfortable, livable, technology-ready spaces that are functionally Total facility system management capabilities A back-up “Hot Site” for communication information technology for State-of-the-art physical building safety and security systems design Separation of public and staff operations areas An addition that enhances and works seamlessly with the existing architecture - projecting a proper public image for an emergency response building Flexibility and adaptability to meet future needs. Incorporation of LEED principles and sustainable design. force around the clock efficient Completely integrated telecommunications infrastructure business continuity in times in disasters Advanced ergonomic design TechnoloadCo mmunications Infrastructure for t he Future The technology component is highly important to the design of the EMS, EOC and 9-1-1 Center, and we believe it should be a driving force in the design of this building. Our team, including our consultants, will work diligently with each department to integrate all of their automated systems into the total building envelope design. SECTION 4 - UNDERSTANDING OF THE PROJECT AND PROJECT REQUIREMENTS Ltx, Coiiiity 1 Ioctric Coopcrarion Emergency Operations Cenier Design LCC Couniy Electric Cooperalio,i Emergency Operations Center Design A major part of our mission will be to create the plan for a technology-ready building that also provides a well-designed infrastructure to accommodate current, evolving and future technologies. With increased dependence upon voice, data and video communications systems, the properly designed infrastructure enhances operational effectiveness and system management capabilities. It will be important that the facility design apply a complete telecommunications infrastructure as an integrated component of other building systems. By the very nature of the facility, survivability, fault tolerance and redundant solutions will be emphasized to achieve critical systems reliability. Functional Efficiencv This building will accommodate three separate operations, but yet will require interdisciplinary activity in times of emergency and must continuously meet the needs of all uses for each purpose. The major users must have an operationally efficient and pleasant working environment, conducive to their tasks, with all required systems support. When the facility is fully occupied for an emergency, the systems support and functional layout must be fully capable of meeting the needs of the operation. Flexibility of the Complex The most well-written and researched program for a facility of this kind will eventually change and evolve as the years go on. The most critical feature of the new facility, therefore, must be its flexibility. Meeting rooms that were envisioned as absolutely necessary to the operations of the Center may need to change into a completely new use in the future. Walls may need to be portable, movable, and dividable or open office landscaping may be required so when department needs change, certain sectors of the complex may expand while others grow smaller. Nothing is more inevitable than change in a complex which has been designed for multiple user groups under a single roof. When flexibility is a primary consideration from the inception of the project, this enables the final design to reflect that need. SECTION 5 - PROJECT APPROACH AND IMPLEMENTATION Ciiy of St P~trrshi~rg Sunken Gardms Our approach to developing and executing the project is based on clear communications and a strong partnership between Harvard Jolly and its subconsultants, City representatives and user groups. To achieve the intent c, [he project, we propose the following approach and work plan: Task 1 - Verifying and Updating the Existing Master Plan, Conceptual Site Planning We will review the existing master plan and offer the City our refinement and improvement ideas based on current information and our experience with the design of Emergency Operations and Communications Centers. We will design a conceptual site plan based on the approved master plan. This site plan will provide much more detail than the master plan. It will take into account all of the City’s Land Development Regulations including planning and zoning requirements. This task will include consideration of adequacy of site to meet space requirements, visibility and accessibility to the public and employees, ingresdegress of vehicles, parking, pedestrian circulation, utilities, drainage, soils investigation, environmental assessment, cost of development, and other related issues. Task 2 - Programming / Space Needs Assessment The focus of this task will be to determine the current and future space needs for the City of Palm Beach Gardens Emergency Operations and Communications Center. This assessment will ultimately conclude the proposed size of the new facility to meet the needs of the City for an established time frame, perhaps to the year 2028. We will begin this assessment with analyzing data on current population and projected populations of the City and the department. We will analyze the City organizational chart as it relates to the Emergency Operations and Communications Center. We will discuss this current organization and any proposed future reorganization so that we can anticipate future needs and issues. It is important to understand that you may not be currently operating efficiently today due to physical constraints. A new facility, designed properly, will allow you to operate differently and more efficiently. Our approach on this Space Needs Assessment will be to conduct interviews with key personnel within the department. We will ask questions related to the broader issues above, but will also provide questionnaires to be completed which will provide detail within each department or user group. The Space Needs Assessment Program Document will include a listing of all required spaces, the function of the space, the square foot size of each room, required adjacency to other rooms, room finishes, furniture and equipment, special environmental features such as HVAC, lighting, electrical or communications. Since the size of the room will be listed as net square footage, we will also provide net-to- gross ratios to determine the total size of the facility. A R v A w D 1 0 I 1. Y SECTION 5 - PROJECT 4PPROACH AND IMPLEMENTATION In addition to the above, we will discuss future trends and accreditation requirements. Any issues related to the use of space and/or issues that require capital outlay of funds will be discussed during this task phase. The Space Needs Assessment concentrates not only on the new building but also on the siteland issues. The physical characteristics that take up space on the site include the building footprint, parking (public, employees, special vehicles), and stormwater retention. Consideration must also be made for future expansion. These determinations will be important as we perform the Conceptual Site Planning. Task 3 - Conceptual Building Design Study We would provide conceptual design options based on the results of the Conceptual Site Planning and Programming / Space Needs Assessment tasks. This is a very interactive process with the City personnel. It starts with simple block diagrams which will show how to organize the building both horizontally and vertically. The site will help determine where the front entry is located as well as the best location for employee entry, volunteer entry, and other functions. The major departments/areas are organized as block diagrams. Decisions about which floor to locate a department/area on and where to locate a department on each floor are discussed. Operational efficiency is determined as the adjacencies of the functions are reviewed. We typically start with multiple options to review with the City. Advantages and disadvantages of each option are discussed. Once we have this input, we will continue to refine the conceptual diagrams. As the “big picture” decisions are made, we continue to refine the design with more detail. This conceptual design task will also consider structural systems including column bay spacing, floor to floor heights, sustainability and LEED issues, telecommunications, audiolvisual, mechanical and electrical systems including locations and sizes of rooms. We will utilize three dimensional computer aided design software to help the user groups visualize the design. We have found that the users appreciate these graphics since they are not used to visualizing plan studies. These 3-D models are also used not only in reviewing the plan concepts but also in developing the exterior massing models. Task 4 - Prescriptive and Performance Standards In addition to the Conceptual Building Design, we will develop a comprehensive set of Prescriptive and Performance Standards of all aspects of the design. These will describe in detail the quality standards as well as the performance standards of the systems. This specification book will outline standards for architectural design, civil engineering / site work, landscape design, structural components, mechanical, plumbing, fire protection, audio / visual, communications, security, technology, and electrical SECTION 5 - PROJECl APPROACH AND IMPLEMENTATION including power, lighting, and generator requirements. The standards will specify the products, acceptable manucturers, quality assurance, installation procedures, and warranty requirements. These Prescriptive and Performance Standards are an extremely important part of the Design Criteria Package and will ensure that the ultimate design-build contractor will provide the quality the City expects. Task 5 - Preliminary Project Budget and Schedule We will develop a preliminary budget based on the Conceptual Site Design, Programming / Space Needs Assessment, Conceptual Building Design and Prescriptive and Performance Standards. A total Project Cost model will be derived to include all design costs, site development costs, hazardous materials abatement costs, demolition costs, building construction costs for a LEED building, construction material testing costs, permit and impact fees, and furniture and equipment costs. We will work with the City to discuss any assumptions required in the development of the cost models. Appropriate contingencies will also be considered and figured into the cost model. We will utilize our cost database from recently completed projects to develop the cost models. We rely on three sources to develop the costs: our in-house database from recently bid projects, published cost sources such as means cost data, and an outside cost management consultant. A project schedule will be developed to include architect/engineer design time, City review and approval stages, permitting, bidding, and construction. The schedule will be custom tailored based on the conceptual design. Therefore, if phased construction is required based on the selected design, the appropriate time will be figured into the schedule. Involvement of City Staff and Methodology to Implement and Accomplish the Project The City of Palm Beach Gardens' staff will be involved in every step of each task. We will have our primary contact stay in close communications with the City's primary contact. We would set up a schedule of meeting dates with an agenda identified. The City can then let us know which personnel from the City would want to attend meetings based on the topics of discussion. We would expect to have meetings approximately every week to two weeks. In between meetings, we would be doing research, field analysis, and design work in preparation of the next meeting. Task 1, Verifying and Updating the Existing Master Plan and Conceptual Site Planning and Task 2, Programming / Space Needs Assessment can occur concurrently. Once we receive approval for these tasks; Task 3, Conceptual Building Design Study and Task 4, Prescriptive and Performance Standards can also occur concurrently. Task 5, Preliminary Project Budget and Schedule would be occurring continuously throughout the process but would be finalized at the end to coordinate with all of the previously approved tasks. 3 0 y SECTION 5 - PROJECl Charlotte Counly Sheriffs Substation Cliarlotle Courily Chamber of Commerce APPROACH AND IMPLEMENTATION See the following organizational chart for a breakdown of roles and responsibilities for this project. Our firm is experiencing an overall slow down in project start-ups. Therefore, each of our proposed team members has an average of 35-40% availability for your project. SECTION 6 - CERTIFIED MINORITY BUSINESS ENTERPRISE M I N 0 RITY/ D I SA DVAN TAG E D BUS I N ESS EN TE RPRl S E Harvard Jolly, Inc. is not certified as a Minority Business Enterprise. However, two of our designated consultants are certified MBE's within the state of Florida. They include: Cost Management, Inc. is a certified MBE firm with the state of Florida. Nodarse & Associates is a certified WBE/DBE firm with the state of Florida. Harvard Jolly, Inc. is committed to meeting any goals for DBE or MBE participation on the City of Palm Beach Gardens EOCC Design Criteria Package project. As Harvard Jolly's internal policy, DBE and MBE vendors will be used where available and as applicable. We have many years of experience working with multiple minority firms throughout Florida and have developed successful working relationships with all of them. Please see our consultants certifications immediately attached. I, td u x I 0, 0 0 cv 0 -c, CQ 0 0 cv b" - .- L 2 0 og co July 18, 2008 605 Suwannee Street Ta I la hossee , F L 3 2 3 9 9 - 0 4 50 Certified Mail - Returt Nodarse & Associates, Ms. Leila Nodarse 1675 lee Road Winter Park FL 32789 S‘lEPttANIE C:. KOPELOUSOS SECRETARY Receipt Requested nc. ANNIVERSARY DATE -Annually on February 28 Dear Ms. Nodarse: The Florida Department of Transportation [FDOT] is pleased to announce that your firm is certified under the Florida Unified Certification Program [UCP] as a Disadvantaged Business Enterprise [DBE] in accordance with Part 49 Section 26, Code of Federal Regulations. DBE certification is continuing, but is contingent upon the firm maintaining its eligibility annually through this office. You will be notified of your annual responsibilities in advance of the Anniversary Date. You must submit the annual AFFIDAVIT FOR CONTINUING ELiGIBlLITY no later than the Anniversary Date. Failure to do so will result in immediate action to decertify the firm. Only those firms listed in the UCP DBE Directory, are certified by Florida UCP Members. Prime contractors and consultants are urged tu verify your firm’s current certification status of the firm through this Directory. Your firm will be listed in Florida’s UCP DBE Directory which can be accessed via the internet, at http://www.bipincwebapps.com/biznetflorida/ or through The Department’ website at www.dot,state.fl.us/equalopportunitvoffice, then select “DBE Directory.” DBE certificationis NOT a guarantee of work, but enables the firm to compete for, and perform, contract work on all USDOT Federal Aid (FAA, FTA and FHWA) projects in Florida s a DBE contractor, sub-contractor, consultant, sub-consultant or material supplier. www.dot.state. flu @ RECYCLED PAPE-R If,at any time, there is a material change in the firm, including, but not limited to, ownership, officers, Directors, scope of work being performed, daily operations, affiliations with other businesses or individuals or physical location of the firm, you must notify this office, in writing, within (30) days. Notification should include supporting documentation. You will receive timely instruction from this office as to how you shoutd proceed, if necessary. Your firm is eligible to compete for, and perform, work on all USDOT Federal Aid projects throughout Florida, and may earn DBE credit for work performed in the following areas: NAICS: 2373 10 FDOT Specialty Code & Description 1 90-Miscellaneous Construction Services, Drilling, Boring Questions and concerns should be directed to this office by mail or telephone. Our telephone number is (850) 414-4747. Our Fax number is (850) 414-4879. &d Goodeman DBE Certification Manger SECTION 7 - SHORT LIST EVALUATION CRITERIA Harvard Jolly has addressed the following short list evaluation criteria items in this succinct section for your easy review and summary of our team's unique qualifications: 7. Capabifityhdequacy of firm's proposed staff or sub-consultants to be assigned to the project. Harvard Jolly's team has extensivelimpressive experience dealing with municipal clients, as well as Emergency Operation Centers and Public Safety-type facilities. Firm Name Harvard Jolly, Inc. George F. Young BBM TLC Siebein Assoc. VANUS Cost Management Nodarse Role # of EOCC/Sa fetv Proi, Architecture/lnterior/Landscape 10 Civil Engineering 5 Structural Engineering 12 M/E/P, Telecomm Engineering 20 Acoustics 4 Intelligent Transportation Systems 6 Cost Consultant 10 Geotechnical 3 Also, Harvard Jolly has experience working with our major subconsultants, as the following table indicates: Consu I tant N ame Role #fP o roj. 'wHrvr / a a d Jo II v George F. Young Civil Engineering 38+ BBM Structural Engineering 4+ TLC M/E/P, Telecomm Engineering 95 + Nodarse Geotechnical 5+ Cost Management Cost Consultant 4+ Siebein Assoc. Acoustics 4+ 'rioi Expe, rience. SECTION 7 - SHORT LIST EVALUATION CRITERIA ~ ~~ Charlotte County f’ublic Safety Complex Center 2. Firm’s recent relevant experience on projects comparable to the City’s project. Harvard Jolly has recently completed two projects that are similar to your proposed Emergency Operations and Communications Center. Collier County Emergency Services Center This project will be completed by December of this year (2008). The following is a listing of space requirements your project specifies and which the Collier project offers: 9 = = Joint-Use Training Facilities Designed for Wind Performance Category 5 91 1 Communications Center / Sheriff Substation /Traffic Operations Communications TV Studio / Media Briefing EMS and Clerk’s MIS Services / Information Technology Charlotte County Public Safety Complex This project was completed in June of last year (2007). The following is a listing of space requirements your project specifies and which the Charlotte project offers: = - 9 Designed for Wind Performance Category 5 Fire/EMS Headquarters and Emergency Ops Dept. 21 1/91 1, Sheriffs Substations The following is a list of related projects Harvard Jolly has worked on with similar characteristics of your EOCC project; for only city clienst within the state of Florida: City of Dunedin Sheriff’s Sub-station Fire Station #1 Expansion and Renovation Fire Administration Building City of Gulfport Police Department City of Lake Wales Police Department City of Niceville Fire Station ieadquarters/Government Complex leadquarters with EOC City of New Port Richey Police Headquarters and EOC City of St. Pete Beach City Hall Complex w/EOC City of Punta Gorda Public Safety Complex City of South Pasadena City Hall Complex w/EOC City of Zephyrhills Police Facility with EOC Harvard Jolly has also designed over 40 various facility types that all are considered hurricane shelters. SECTION 7 - SHORT LIST EVALUATION CRITERIA New Siiiyrrx Beach tinergcwcy Operations Center Ciiy of Cocoa Police Dcpartrnent 3. Evaluation of the firm's past City performance or performance with other agencies based on references from firm's clients. Harvard Jolly has no prior experience working with the City of Palm Beach Gardens. However, we have worked for the School District of Palm Beach County for the past four years, as well as medical facilities in the area. Therefore, we are familiar with the regulatory agencies in your area and have established working relationships with these representatives. Of our proposed subconsultants, many have experience with your City. This includes George F. Young, our Civil Engineer. This is important in the expediting and knowledge of the local codes and permitting process. We encourage you to call our references listed: CITY OF HOLLYWOOD Mr. Stephen Groh, Architect 271 7 Van Buren Street Hollywood, FL 33022 Projects: Rotary Park Renovations and Additions, contract signed in 2006. Project included renovations/addition to restrooms, practice fields, concession, office etc. Fred Lippman Multi-Purpose Event Center Renovations and Additions, contract signed in 2005. Project is on hold Phone: 9541921 -3994 MONROE COUNTY Ms. Stephanie Coffer, Facilities or Dr. Michael Hunter 5100 College Road Marathon, FL 33040 Projects: Monroe County Medical Examiners Facility Phone: 305/292-4429 CHARLOTTE COUNTY I SHERIFF'S DEPARTMENT Major Dan Libby 7474 Utilities Road Punta Gorda, FL 33982 Projects: Charlottte County Public Safety Complex, Charlotte County Sheriffs Station Tenant Build-Out Phone: 941/205-5600 PALM BEACH COUNTY SCHOOL DISTRICT Mr. Angel Garcia, Senior Projects Administrator 330 Forest Hill Boulevard West Palm Beach, FL 33406 Projects: Hagen Elementary School, contract signed in 2006. New elementary school developed for Palm Beach County School District. Carver and Lake Worth Middle Schools Additions, contract signed in 2006. Classroom additions at existing middle schools. Phone: 561 1434-891 8 SECTION 7 - SHORT LIST EVALUATION CRITERIA 1 nhc Wales Polirc Departmcni wiiii tOC 4. Firm's size, capability and business ability relative to the City's project. Harvard Jolly has been designing award-winning governmental facilities for over 40 years, serving more than 25 municipalities and 20 counties. Our range of services includes planning, programming, architecture, interior design, and landscape architecture for: EMS/EOC/9-1-1 Public Safety Complexes City Halls Police Headquarters Medical Examiner Offices Criminal Justice Facilities Public Health Clinics Community and Cultural Centers Arenas and Exhibition Halls Theaters and Auditoriums Senior Centers Parking Structures Libraries Parks and Recreation Centers Harvard Jolly Architects is a Florida-based architectural firm founded in 1938 by William 6. Harvard, Sr. Today, Harvard Jolly, Inc. is one of the largest design firms in the state, offering services in architecture, interior design and landscape architecture. Our portfolio includes diversified project types including community centers, senior centers, recreational facilities, municipal buildings, college and university, healthcare, K-12 education, libraries, museums, performing arts, offices, and parking structures. Over 85% of Harvard Jolly's projects are for repeat clients. Our range of projects illustrates our approach of working closely with each client through all stages of the planning, design and construction process in order to achieve a unique and appropriate solution for each facility. Harvard Jolly is consistently ranked among the top design firms in Florida and the US. by the Tampa Bay Business Journal, the Orlando Business Journal, Modern Healthcare and Building Design and Construction magazines. Harvard Jol I y's projects have received awards for the firm throughout its history, and two have won the American Institute of Architects 25-Year Test of Time Award. In the past five years alone, the firm has won 18 awards for excellence in design from the Tampa Bay Regional Planning Council Future of The Region Awards competition. Over the past 70 years, Harvard Jolly has established a reputation of excellence, based on service to our clients and a philosophy of quality design and construction, within the unique constraints of each project. Every commission is organized on a project team basis, under the guidance of a principal to assure continuity from programming through completion of construction. Our staff possesses the qualifications, expertise and experience to produce projects which are both aesthetically pleasing and compatible with functional and budgetary requirements. SECTION 7 - SHORT LIST EVALUATION CRITERIA N(’w Port Richcy Police Station wifh fOoC Harvard Jolly’s resources are vast, and our internal staff breakdown is as follows: Classification Name Registered Architects 28 Intern Architects 9 Construction Administration 8 CAD Support 19 Technical Support/BIM 3 Interior Design 4 Landscape Architect 1 Specifications 2 Administration 16 Total 90 Harvard Jolly also offers 12 LEED AP personnel, and 3 CPTED Certified professionals. 5. Location and ability to handle project workload. Harvard Jolly’s office performing the work and construction documents is located at: 3201 W. Commercial Blvd., Suite 225, Ft. Lauderdale, FL 33309 We are located approximately 45 minutes from the proposed site of: 10500 N. Military Trail, Palm Beach Gardens, FL Harvard Jolly has approximately1 83,500 man-hours available annually, and we project that our proposed staff for your project is available to devote approximately 35-40% of their time to your project. The majority of Harvard Jolly’s projects are entering Construction Documents or the Construction Administration phases. SECTION 7 - SHORT LIST EVALUATION CRITERIA 6. Minority and/or Disadvantaged Business Enterprise Certification, if applicable. Please see Section 6 for the certifications of our proposed cost consultant and geotechnical engineer consultant. They are both Minority-Owned Businesses. Harvard Jolly is dedicated to utilizing minority, small and disadvantaged business subconsultants whenever possible, as our past utilization rates and percentages demonstrate. Rotary Park Improvements, Hollywood % Minority Achieved: 36% Dollar Value: $8 1,000 Mr. Stephen Groh, 954/921-3900 Hagen Road Elementary School Replacement, Boynton Beach % Minority Achieved: 18.83% Dollar Value: $1 82,651 Mr. Angel Garcia, 561/434-8918 Carver Middle School, Classroom Additions, Delray Beach Mr. Angel Garcia, 561/434-8918 % Minority Achieved: 15.1 1 % Dollar Value: $44,550 Lake Worth Middle School, Classroom Additions, Lake Worth % Minority Achieved: 21.1 % Dollar Value: $56,490 Mr. Angel Garcia, 561/434-8918 Arlington Middle School, Additions and Renovations, Jacksonville % Minority Achieved: 24% Dollar Value: $1 10,769 Mr. Jim Womack, 904/390-2279 Miami Dade College, Lecture Halls N2000 Renovations, Miami % Minority Achieved: 28% Dollar Value: $38,640 Carlos Dougnac, 305/237-0608 SECTION 7 - APPENDIX LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN /+iiw,frd Coiiiily South liegional Library al Broward College S South Campus -First LEE0 Silver Certified Project for Broward County The concept of sustainable design and construction, often called “green architecture”, is a total facility concept incorporated into every level of design, including landscape architecture and materials selection. Harvard Jolly has made a commitment to continually explore ways in which facilities, individuals, sites, and the environment will be impacted in as positive a way as possible during projects. The single most critical step in incorporating green building practices into a design is to integrate all of the design professionals into the design process as early as possible, and to clearly state the intent of the design to incorporate these practices and principals. Many green design features span across design disciplines and depend on the synergies and interaction of the design team in making these features possible. We will work together as a team to determine the best approach for utilizing sustainability design criteria for this project. Our office has also developed a materials evaluation questionnaire which enables us to collect information on the entire life-cycle of each building product: where the raw materials come from, how they are processed, whether they are recyclable, and what health effects they have on building occupants. The resultant data is catalogued in the firm‘s library, and designers are encouraged to utilize this data during the design and materials selection phases of the project. Harvard Jolly is a member of the US Green Building Council and fully supports the concept of utilizing Sustainable Design and shall explore the full range of options available in each area of design for this project if you so desire. Working closely with the client, we evaluate the value and impact on the facility and tailor our approach to be as comprehensive as you desire it to be. Harvard Jolly employs 12 Accredited Leadership in Energy and Environmental Design Professionals. Our team stays up-to-date with current trends and environmental issues that affect our community and our architectural designs to help assure that the facilities we design are environmentally friendly. Currently, Harvard Jolly has incorporated LEED design into the new Broward County South Regional Library in Pembroke Pines (received Silver Rating), the new Cooper Library in Lake County, and we have “informally” incorporated these standards into the Citrus Ridge Library in Lake County. The recently completed Umatilla Health Clinic is Silver certified, and the St. Johns County Veterans Administration Nursing Home will be Gold Certified. We are also currently working on incorporating LEED principles into Boca Ciega High School (Gold) for Pinellas County Schools, Charlotte High School, Punta Gorda Middle School and Lemon Bay High School for Charlotte County Schools (these will be certified). Relevant issues for determining the extent of Sustainable Design goals range from energy efficiency to using building products made of recycled materials. These issues include the following: . Maximizing the interior space available . Using water-efficient and low-maintenance landscaping, including xeroscaping (using native plant species) . Making recycling more accessible SECTION 7 - APPENDIX LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN 8 8 8 8 8 Designing for reuse and flexibility Evaluating site resources Determining site orientation impact Erosion control Minimizing transportation requirements Using durable products and materials Choosing building materials with low embodied energy Avoiding materials that will off-gas pollutants Installing high-efficiency heating and cooling equipment Investigating the use of heat recover strategies to limit design load Providing efficient lighting strategies which incorporates natural light We are committed to incorporating sustainable principles into all our projects, regardless if the owner requests LEED certification(s). i’ EXHIBIT B HARVARD JOLLY, INC. 2009 HOURLY RATES JOB CLASSIFICATION by Principal $225.00 Sr. Proiect Manaqer $200.00 Sr. Proiect Architect $1 50.00 Proiect Architect $1 25.00 Sr. Landscape Architect $1 10.00 Architect $1 10.00 Director of Interior Desiqn $1 25.00 Construction Administrator $95.00 Proiect Manager / Job Captain $90.00 Tech 111 $85.00 Director of Graphic Design $90.00 Tech II $ 74.00 Interior Designer $ 75.00 Adrnin. Support $55.00 Tech I $50.00 *** These rates are in effect from January 1,2009 to December 31,2009 and are subject to annual adjustments. Annual rate increases average 5% per year. 4 e, e, E 4 E C m In 0 0 0 .- .- c 2 a c 0 v) U C E P 0 a - 5 n K m In 0 .- n Q w m Y 0 m m 0 n .- L = 6 K rn In a 0 .- - m 5 P 3 v) a rn m Y 0 m a .- E n z c z v) W 0 P E m c 0 a a m - 2 c c .- E m P 3 v) 0 .- 2 > 2 m E .- I! m .- 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 15,2009 Resolution 4,2009 SUBJECT/AGENDA ITEM Petition MISC-08-10-000051: LA Fitness Plaza Miscellaneous Petition Recommendation to City Council: Dodi Glas, agent for Fairway Shops JV, is requesting approval of a miscellaneous petition for LA Fitness Plaza, formerly known as Shoppes on the Green, to update the plaza’s exterior colors, materials, signage and refresh existing landscaping. The site is located south of PGA Boulevard on the east side of Fairway Drive in PGA National Planned Community Development (PCD). [XI Recommendation to APPROVE [XI Recommendation to DENY one (1) waiver for additional copy area on a pfincipal tenant sign 1 Growth Management: / ]Originating Dept.: Development Compliance Bahareh Wolfs, AICP [ ] Legislative [ ] Public Hearing Advertised: No Date: N/A Paper: PB Post [ ] Required [ XI Not Required Tresha Thomas Costs: $-N/A Total $- NIA- Current FY Funding Source: [ 3 Operating [XIOther N/A Budget Acct.#: NA City Council Action: [ ]Approved [ ] App. w/ conditions [ ] Denied Continued to: Attachments: 0 Project Narrative 0 Waiver Requests 0 Resolution 4,2009 with exhibits (Reduced Plans, exhibits) Resolution 1, 1986 0 Resolution 37, 1986 Meeting Date: January 15,2009 Resolution 4,2009 EXECUTIVE SUMMARY The subject petition is a miscellaneous petition to allow for the update of a 16.55 acre site with approximately 150,000 square feet of commercial use. The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public hearing on December 9, 2008, and voted 7 to 0 to recommend approval to the City Council. Staff recommends approval of Resolution 4,2009 which includes one waiver (see Waiver section) to allow rooftop signs. BACKGROUND On February 1, 1979, City Council approved the PGA National Resort Community, a Planned Community Development (PCD) with the adoption of Ordinance 34, 1978. Subsequently, the site plan for Shoppes on the Green was approved by the City Council as a Planned Unit Development (PUD) through the adoption of Resolution 1, 1986 (see attached). The approved PUD is approximately 16.55 acres and consists of 76,280 square feet of retail, a 41,255 square foot supermarket and a 13,054 square foot drugstore. On August 19, 1986, Resolution 37, 1986 (see attached) was adopted, which approved the architectural elevations and color treatments of all buildings proposed in the Shoppes on the Green PUD. On September 15, 2008, staff approved ADMN-08-06-000238 to allow minor changes to the building exterior and minor landscaping modifications to accommodate the plaza’s new principle tenant, LA Fitness. On October 9, 2008, the Addressing Committee approved a request to change the plaza name from Shoppes on the Green to LA Fitness Plaza. LA Fitness is proposing to occupy the 41,255 square foot tenant space that was originally approved for a supermarket, formerly occupied by Publix. Renovations are currently taking place, and the tenant plans to open in March of 2009. LAND USE & ZONING The subject site is located within the PGA National Resort PCD and has a PUD zoning overlay with an underlying zoning of Commercial (CG-1). The future land use designation of the site is Commercial (C). CONCURRENCY The subject site was deemed built out as part of the overall PGA National Development of Regional Impact (DRI) in August 2005 per Resolution 107, 2005. The applicant’s request does not affect the project’s approved entitlements. PROJECT DETAILS Building Site The subject request is for modifications to the existing paint colors and building materials of the plaza. The following paint colors are proposed for the exterior of the plaza: Rockport Gray, Minced 2 Meeting Date: January 15,2009 Resolution 4,2009 Onion, Lenox Tan, Springfield Sage, Tree Moss and Deer Trail (see attachment). To further enhance the existing fagade, aluminum canopies will replace existing awnings, stone veneer will replace existing tile located below store windows and a cornice trim to enhance roof line. No changes to the approved site plan are being made with this request. Signage Updated signage is proposed throughout the plaza. Each tenant will be given two (2) signs, one (1) attached above the tenant bays and one (1) underneath the canopies visible to pedestrians within the plaza both of which are permitted by code. Three (3) styles of exterior signs, which are permitted by code, are proposed; wall signs, box “A” signs and box “B” signs (please see attached plans). The proposed wall signs, located above each tenant bay, are similar to the illuminated signs currently within the plaza. The tenant name will not exceed 10’6” in length and will contain no more than two (2) lines of copy, which is consistent with the City’s Code. Box “A” signs will be single face illuminated cabinet signs with 12 inch letters. Box “B” signs differ from box “A” signs in that they are smaller in width. Box “B” signs will be attached to the proposed meial trellis. Both box “A” and box “B” signs will have Kestral Script lettering, be painted bronze with raised white lettering and have scalloped edges. Pedestrian signs or under canopyhlade signs will hang from the ceiling outside the tenant bays. Steel tubes will be used to attach the canopy signs to the ceiling. Tenant signs will have Kestral Script lettering, be painted bronze with raised white lettering and have scalloped edges. The major tenant signage is proposed to be 5 feet by 30 feet, which is not consistent with Section 78-285 of the City’s Code for principle tenant signs. The proposed sign is illuminated, contains 36 inch channel letters, a bronze background, raised white lettering and scalloped edges. The applicant is asking for a waiver to allow for a tenant sign larger than what is permitted by code (see Waivers). The applicant is also proposing to update the entry sign. On the existing cabinet cut, the applicant proposes to replace the existing faces with a new retainer system and push-thru copy. The panel will include two (2) colors: holly green vinyl overlay and satin finish and Match Porter 6919 stucco finish (please see attached). To update the three (3) tenant spaces on the entry sign, the applicant is proposing to remove the existing faces and replace with three (3) new routed and backed-out cuts. The proposed modifications to the entry signs are consistent with the City’s Code requirements. Landscaping/Bu ff ring The applicant is proposing to replace and restore deteriorated landscaping material throughout the site. New planting materials will be used to replace tired or missing landscaping. The proposed enhancements will be in accordance with the approved landscape plans. Parking The proposal will not be altering the existing site plan. Parking requirements for the previous use (Retail Grocery Store) and the present use (Health, Physical Fitness) are both one (1) space per 200 square feet. Therefore parking will be unaffected. Site Access The site currently has three (3) points of access from Fairway Drive and one (1) point of access from Fairview Lane. No changes to the existing access are proposed. 3 Meeting Date: January 15,2009 Resolution 4,2009 Phasing The improvements will be completed in one (1) phase. Drainage - The applicant is not proposing changes to the existing drainage system. Waivers The applicant is requesting the following two (2) waivers: 78-285 Table 24: Principal Tenant 150 sq.ft. Signage: 90 S.F. 60 sq.ft. (1) Denial 78-284(h)(9): Roof Roof Sign for Roof Sign Signs are prohibited principal tenant allowed (2) Approval 1) The applicant is requesting a waiver from City Code Section 78-285 Table 24, Principal Tenant Signage, to allow for a 150 sq.ft. principal tenant sign. It is staffs professional opinion that this signage request does not comply with a majority of the waiver criteria listed in Section 78- 158(i). The proposed signage does not demonstrate innovative design, architectural significance or sense of place. Complying with the 90 sq.ft. allowed by code will not impose a negative hardship on the applicant in terms of visibility or identification. Because there is no hardship being imposed and the applicant is not proposing an especially significant or innovative alternative, a deviation from code is unjustified. Additionally, it is staffs opinion that the allowable 90 sq.fi. sign is proportionate in size to the overall roof structure and sees no necessary benefit in an additional 60 sq.ft. of copy area. The applicant is proposing 36 inch lettering for the tenant name, which is the maximum letter size allowed under the City’s Code. This being said, the additional 60 sq.fi. would be adding unnecessary space around the tenant name and thus making the sign disproportionate to the proposed lettering. Staff recommends denial. 2) The applicant is requesting a waiver from City Code Section 78-284(h)(9), Prohibited Signs, to allow for a roof sign above the principal tenant space. It is staffs professional opinion that, based on the existing design of the building, this waiver is necessary to allow the tenant to properly identify itself and provide adequate visibility to patrons. Because of lack of space between the gabled roof and the store frontage, the roof is the only reasonable area to place the tenant sign. The prior tenant, Publix, also placed their identification sign on the roof due to the architecture style of the building. Staffrecommends approval. PLANNING, ZONING, AND APPEALS BOARD The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public hearing on December 9, 2008 and voted 7 to 0 to recommend approval to the City Council. The PZAB commended the applicant’s efforts in updating the commercial center and issued the following 4 Meeting Date: January 15,2009 Resolution 4,2009 comments. Staffs response is italicized below. 1.) The PZAB recommended approval of the subject petition with the request that the applicant look to revise the proposed signage to provide City Council with a more pleasing product. The applicant has revised the principal tenant sign in terms of color and shape to complement the proposed color scheme, as well as the theme of the other tenant signs in the plaza. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 4,2009 with one (1) waiver to allow rooftop signage with the following one (1) condition: 1. Any changes to the approved landscaping related to conflicts with Seacoast Utilities Authority shall require review and approval from the City of Palm Beach Gardens. However, staff recommends DENIAL of the waiver to allow the copy area of the principal tenant sign to exceed 90 sq.ft. 5 Meeting Date: January 15,2009 Resolution 4,2009 Subiect Property North South Residential Ballenisles - PCD Overlay Residential - Medium (RM) Residential / West Professional Office 6 GENTILE HO L LO WAY O'MAHONEY b ~5Z~C[I,l[~ E.: Landscape Architects Flanners and Environmental Comultants . LC-0000177 George G. Gentile. FASLA M. Troy Holloway. ASLA Emily O'Mahoney. ASLA PROJECT NARRATIVE LA FITNESS PLAZA . a October 20,2008 Updated November 14, 2008 Updated December 1 I, 2008 RequestLocation On behalf of the applicant Fairway Shops JV, Gentile Holloway O'Mahoney & Associates, Inc., acting as agent, is requesting a Miscellaneous Petition to review the request of updating the fqade and overall appearance of the main commercial center within the PGA National DRI formerly known as Shoppes on the Green. As you may recall, the site was recently approved to allow an LA Fitness facility to be located within this center, within the same footprint of what was once the Publix store. With the new anchor in the center, the applicant would like to take the opportunity to refresh the overall architecture of the center. With this application, the applicant will be requesting the fQllowing: . . = Update signage (Including necessary waiver requests); I . Change colors of building and barrel tile roof to an earth. toned pallet of greens, tan and browns; Replace existing vinyl awnings with new updated continuous aluminum canopy; Add new updated cornice trim profile over existing stucco bands at parapet top; Replace existing ceramic tile accents with new stone veneer and painted stucco planter knee walls; Replace the wood trellis with aluminum structure; Update hder canopy lights with recessed light fixtures; and Revise handicap parking spaces to comply with ADA requirements. i Landscaping material will be replaced and restored as well. No site plan layout changes are proposed. Impact of Proposed Application The proposed upgrading of the existing center gives a needed boost to the existing businesses and surrounding PGA community. The effort goes hand in han 1907 Commerce Lane Suite 101 Jupiter Florida 33450 561 575,4557 561 575 5260 FAX www landscape architects com LA Fitness Plaza Project Narrative October 20,2008 Updared November 14, 2008 Updared December I,], 2008 Page 2 in a new anchor business. The effort only serves to improve the existing commercial center zind the PGA Gorridor. , Site History This center is within the PGA National DRI that was determined to be built out in 2005: The site plan was approved by Resolution 1, 1986 with 150,000 square feet of commercial use. Access The site is located on Fairway Drive just south of PGA Boulevard. There are multiple access points on Fairway and the site backs up to Florida’s turnpike. No changes are proposed. , Landscaping As a part of this application, the landscaping will be refreshed. New planting materials will be used to replace tired or missing material. Some newer plant species will be used to help update the center and address any maintenance issues. Planters and foundation plantings will be addressed. Mature quality landscaping material will be maintained with the basic design. The site layout will not be changed. Architectural Elements The primaj focus of the petition is improvements to the visual appearance of the center, which is in need of refreshment. A new palette of earthtone colors of tan, green and brown will be used to paint exterior elements of the buildings as well as upgrading some the features like lighting, awnings, building trim, and signage. Signage As was previously mentioned the name of the center is no longer Shoppes on the Gteen, it has been changed to LA Fitness Plaza at PGA National. Due to the change in the center’s name, the signage will need to be replaced. The under canopy signage, as well as the signage located on the building’s awnings, will also be updated to become consistent with the colors of the faqade changes and updating of the building. Although the signage will be upgraded and refreshed as part of this application, the, style and theme of the will remain intact. , -. Addressing U \CLIENT FILES\LA fitness PGA Shoppes 08-0307\AAarchitecture080307 3~pplication Ma~eriaI\narrative-rev~sed-waivers doc LA Fitness Plaza Project Narrative October 20,2008 UpdaredNovember 14, 2008 Updared December I I, 2008 Page 3 The addressing and individual suite numbers for the building will remain as they currently appear, on or above the tenant doors. Concurrency The PGA DRI was deemed built out in August 2005 in Resolution 107.2005. Surrounding: Uses No change in use is being proposed. Existing Zoning and Land Use Designations ! I ZONING I FUTURE LAND USE SUBJECT PROPERTY: Planned Community C,ommercial Development (PCD) TO THE NORTH : PCD; DRI/ Commercial (C); Gas station, PGA Bvld; General Commercial Commerci a1 Mirasol Walk TO THE SOUTH : PCD DRVResidential Medium PGA National- water REsidential $ TO THE EAST : Florida’s Turnpike TO THE WEST : FDOT Right-of-way PCD PGA National- Bascom Palmer Waiver Request: Principal Tenant Signage Section 78-285 Table 24 The applicant would like to request a waiver from the Permitted Signs section of the code, which limits the area of the sign to 90 S.F. The proposed sign lettering is meeting the code required height of 36 inches, however the overall proposed sign totals 150 S.F. Thus, the applicant is requesting a 60 S.F. waiver from code Section 78-285 Table 24 of the Palm Beach Gardens Land Development Regulations. It should be noted that the ~ U \CLIENT FILES\LA fitness PGA S hoppes 08-0307\AAarchi1ecture080307 3Mpplication Marerial\narrative_revised_waivers doc LA Fitness Plaza Project Narrative October 20,2008 Updated November 14, 2008 Updated December /I, 2008 Page 4 proposed signage is replacing the previously existing tenant signage, which exceeded the current code requirement of 90 S.F. as the code previously allowed a larger sign. The sign ' was designed to be in scale with, the building mass and maintains the same general design that previously was existing on the site. The box structure, which requires the waiver, was necessary in the design to meet current building requirements. In exchange for the waiver approval, the applicant is providing the public benefit of additional landscaping. Currently the site provides 9,860 landscape points this number will be increased to 25,738.8 total points, exceeding current code by 1,333.8 landscape points. Waiver Request: Prohibited signs and prohibited sign locations Section 78-284(%)(9) The applicant is requesting a waiver from the code section that prohibits signs to be located on the roof of a structure. The subject sign is replacing the previous Publix sign, which was located on the roof in the shm-e location. The style of architecture (low slope, canopy) that was utilized when the building was constructed restricted the location of signage, thus principle tenants were permitted to.place signage on the roof. As a result, the proposed sign in context with the original design of the shopping center and therefore the granting of this waiver is necessary. . ' The applicant is proposing to revitalize the architecture of the center and enhance its visual appearance. As a part of the centers revitalization, the architecture is being addressed on all four (4) sides of the building. Thus, the applicant is providing additional public benefit. The efforts of the applicant show the intent to improve the center not only in keeping with code requirements, but also with the character of the area. Conclusion The pending application provides an opportunity to revitalize an important commercial center in the community.- The application respects the character of the center while celebrating the new anchor and revived interest in the center. Please accept this request on behalf of our client and contact Dodi Glas, Meghan Liller or Ben Dolan should y,ou require any additional material. U:\CLIENT FILES\LA fitness PGA Shoppes 08-0307MAarchitecrureO80307.3\AppIication Material\nar?ative-revised-waiveis.doc y.. '. L RE SOLTUI ON Decegber 30, 1985 January 7, 1986 1, 1986 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED UNIT DEVELOPiGiJT KNOW? AS P. G.A. NATIONAL SHOPS, PGA NATIONAL, LOCATED 114 PGA RESORT COl*fl4UI?ITY, A PLANNED COIMLTNITY DISTRICT, SAID LANDS BEING A PART HEREOF; PROVIDING FOR AND REQUIRING THAT SAID LANDS BE DEVELOPED PURSUANT TO THE COMPOSITE SITE, LANDSCAPING AND PHASE PLAN PREPARED BY WEST ARCHITECTS, INC., AND URBAN DESIGN STUDIO, AT'I'ACHED HERETO AND 1ARI;ED EXHIBIT "2". AND, SITE DEVELOP- MF,WT PLANS PREPARED BY SINMOIJ8 E WHITE, INC., JOB NO. 85-065A, ATTACHED HERETO AND MARKED EXHIBIT ''3"; FURTHER, PROVIDING TIFAT NO BUILDING PERMIT SHALL BE ISSUED UNTIL FIiJAL DRAINAGE, UTILITY AND PAVING PLANS FOR SAID COHPLEX SHALL BE APPROVED IN WRITING BY THE CITY ENGINEER AND COPIES OF ALL REQUIRED PERMITS BY OTHER GOVERNMEW'IAL AGENCIES HAVE BEEN FILED WITH THE BUILDING OFFICIAL; AND, A PERFON*MNCE BO1ID OR LETTER OF CREDIT IN AN AMOUNT TO BE DETERMINED BY THE CITY ENGINEER TO GUARANTEE THE CONSTRUCTION OF PAVING, DRAINAGE AND UTILITIES THEREON TOGETHER WITH FAIRTJAY DRIVE AS PROPOSED SHALL HAVE BEEN POSTED IN REQUISITE FORM WITH THE CITY MANAGER; PROVIDING FOR APPROVAL OF "HE PLAT OF PROPOSED FAIRWAY DRIVE BY SUBSEqUENT RESOLUTION OF THE CITY COUIJCIL; AND, PROVIDING THAT A CONDI- TIONAL USE IS GRANTED TO THE PREMISES DESIGNATED AS DRUG STORE FOR SALE OF ALCOIIOLIC BEVERAGES FOR CONSUIPTIOIJ OFF-PREMISES, AND THE SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON PREMISES ON THE SITE DESIGNATED AS FUTURE BUILDING NO. 2, WHICH SHALL BE USED AS A RESTAURANT; SAID ALCOHOLIC BEVERAGES SHALL BE SOLD ONLY UNDER A SRX ALCOHOLIC BEVERAGE LICENSE ISSUED BY THE STATE OF FLORIDA WITH NIGHT-CLUB TYPE ENTERTAINMENT BEING EXPRESSLY PROHIBITED ON SAID PREMISES; FUTW BUILDING SITES NO'. 1' AND NO. 3 ARE HEREBY DESIGNATED AS BAIK FACILITIES WITH DRIVE- USE OF FUTURE BUILDING SITE NO. 4 SHALL BE DETER- llZNED BY SUBSEQUENT APPROVAL OF TIE CITY COUNCIL; AND FURTHER PROVIDING, THAT NO BUILDING PERMIT SHALL BE ISSUED FOR SUCH FUTURE BUILDING SITES WITHOUT THE CITY COUNCIL FIRST APPROVING THE ELEVATIONS AND ARCHITECTURAL DESIGN OF BUILDINGS TO BE ERECTED THEREON; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTICNSIN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. DESCRIBED IN EAXHIBIT "1" ATTACHED HERETO AND MADE Ir4 FACILITIES PERHITTED; . FURTHER, PROVIDING, THAT BE IT RESOLVED BY THE CITY COUIICIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. A Planned Unit Development known as P.G.A. - NATIOWAL SHOPS at PGA dational, be and the same is hereby created upon the lands described in Exhibit "l'! attached hereto and made a part hereof, said lands being part of the PGA National Resort Community, a Planned Community District. The lands described in Exhibit "1" shall be developed and used in accordance with the Site, Landscaping and Phase Plan prepared by West Architects, Inc., and Urban Design Studio, consisting of ten (10) pages attached hereto and marked Composite Exhibit "2" and Site r l - ~~ . .., . . .:: -4.- .. Development Plans prepared by Simmons & White, Inc., Job No. 85-0658 consisting of nine (9) sheets attached hereto as Exhibit "3". underlying zoning designation of said use shall be CG-1 General Commercial District. The Section 2. A conditional use is hereby granted to the site - designated as a drug store for the sale of alcoholic beverages for consumption off premises. to future Building Site No. 2 for sale of alcoholic beverages for cone-. . sumption on-premises in conjunction with the sale of food by a restaurant which use is hereby designated on said site. be sold thereon. only under a SLY license issued by the State of Florida and night-club type entertainment on the premises shall be expressly prohibited. Further, a conditional use is hereby granted Alcoholic beverages shall Furture Building Sites No. 1 and No. 3 are hereby designated as a usage for banking facilities with drive-in units permitted. The use of future Building Site No. 4 shall be determined by the City Council at a' future date. issued for any of the future building sites until the City Council shall No.building permit shall be approve the architectural design and elevations for buildings to be erected thereon. Section 3. No building pernit shall be issued for construction of any structure -or building upon the property described in Exhibit "1" until final drainage, paving and utility plans for said complex including Fairway Drive have been apprdved in writing by the City Engineer, and . all permits required to be issued by other governmental bodies have been issued with copies thereof delivered to and filed with the Building Official; and the Petitioner shall have deposited with the City Manager a performance bond, or a letter of credit, or an escrow deposit in a sum of money in the amount prescribed by the City Engineer for the purposes of assuring the completion of all paving, drainage, utilities on said project, together with piioposed Fairway Drive. - Section 4. The right-of-way for "Fairway Drive" as proposed - shall be dedicated by the Developer to the City of Palm Beach Gardens by a Plat which shall be approved by the City Council by subsequent Resolution. The City shall accept the required improvements made -2- made thereon by Developer within one (1) year from date a Certificate of Completion is issued therefor. The required documentatfon thereof and signatures thereon shall be in requisite form and approved by the City Manager, whereupon the Mayor and City Clerk shall execute said mylar on behalf of the City. The executed mylar of the said Plat shall not be delivered for recording until the required bond or letter of credit is filed with and approved by the ‘City Manager. Section - 5. All phases of development in said Planned Unit Development shall be completed within three (3) years from effective date hereof, and the owner/developer may obtain an extension of one (1) additional year for good cause shown by approval of subsequent Resolu- tion. until construction of Phase I1 is initiated. All areas within Phase I1 shall be either grassed or paved Section 6. No Certificate of occupancy or partial Certificate -- of Occupancy shall be issued until Fairway Drive, as proposed, is com- pleted and a Certificate of Completion is issued by the City. A Certificate of Occupancy may be issued upon completion of structures in Phase I provided the City Engineer shall certify that requirements for drainage, paving and utilities have been met and said Fairway Drive is certified as completed. -. Section - 7. This Resolution shall be effective upon date of adoption. INTRODUCED, PASSED AND ADOPTED THIS TliE 9 %?& DAY OF JANUARY, 1986. - ATTEST : .....*%..I. LEGAL OESCR I P T I ON , BEING A PARCEL OF LAND. LYING IN SECTION IC, wwrm-iiP 42 SOL;TH. RANGE, I 42 EAST. PALll. BEACH COUNTY. FLOkIDP, At43 BEING MORE. P4HTICULARLY DESCRIBED AS FOLLOWS: - COfltlENCE AT THE NORTHEAST CORNER Of SAID SECTION 10; THENCE N 88' 27' 03" W . ALONG THE CENTERLINE OF P .G .A. f3OIJLEVARD AN0 -THE NORTH LINE OF SA10 SECTION 10, A DISTANCE OF 303.63 FEET TC THE INTERSECTION WITH THE NORTHERLY PROLONGATJON OF THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA'S TURNPIKE; THENCE S IO35'41'' W, GLONG SAID WESTERLY RIGHT-OF- WAY LINE. A OISTANCE OF 340.00 FEET TC THE WINT OF B€,GINNING OF THE FOCLOUTNG OESCRIBED PARCEL: THENCE CONTINUE S 1' 35'41" hl, ALONG SA10 WESTERLY RIGHT-OF-WAY LINE. A OlSTkNCE OF 1013.08 FEET; THENCE N 77'31'50'' W A OISTANCE OF 122.35 FEET; THENCE S 85°22'49" W A DISTANCE OF 510.02 FEET; THENCE N 64' 46'42" W A OISTANCE OF 189.52 FEET; THENCE N 73O35'08" W DISTANCE OF f 106.38 FEET; THENCE N 1'35'41" E A OISTANCE OF 395492 FEET TO A POINT 922.50 FEET. THE CHORO OF WHICH BEARS N 5P 10'48" E; THENCE NORTH- 4 IN A NONTANGENT CURVE CONCAVE,TO THE NORTHWEST. HAVING k RADIPS OF , EASTERLY ALONG THE ARC .OF SAID CURVE A OISTANCE OF 405.26' FEET THROUGH A CENTRAL ANGLE OF 25'10' 13" f0 'THE POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 544.29 FEET, THE CHORD OF-WHICH WARS N 26°S8'19" E; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 372.82 FEET THROUGH A CENTRAL'CSNGLE OF 39" 14'44" TO THE lNTERSECTION WITH A LlNE 230.00 FEET SOUTH OF, AS flEAS- - URED AT RIGHT ANGLES, THE SOUTH RIGHT-OF-WAY LINE OF SAID P*G*A. BOULEVARD: THENCE S 88*27'03" E A OISTCSNCE OF 407.61 FEET,TO THE POINT OF BEGINNING. - c : CONTAINING 16.55 ACRES. nORE OR LESS. I. .- . . . .... .. . :,>. . . .. . . .- . .. .. i August 19, 1986 RESOLUTION 37 ,1986 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMEMDItlG RESOLUTION 1, 1986, WHICH ESTABLISIIED A PLANNED UNIT DEVELOPMENT KNOWN AS P.G.A. NATIONAL SHOPS, P.G.A. NATIONAL, LOCATED IN P.G.A. RESORT COMJWNITY, A PLANIED COPMUNITY DISTRICT, BY AMPIDING COMPOSITE EXHIBIT "2" AND EXHISIT "3", WHICH ARE THE SITE AND DEVELOP- MENT PLANS ATTACHED THERETO, BY ATTACHING ONE SHEET PREPARED BY URBAN DESIGN STUDIO, WHICH SETS FORTH THE FRONT ELEVATIONS OF THE PROPOSED RUILDINC STRUCTURES TO REFLECT THE TYPICAL COLOR TREATPENT OF ALL BUILDINGS TO BE ERECTED IN SAID PLANNED UNIT DEVELOPMENT; AND, PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIOlJS IY CONFLICT HEREIN; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. This Resolution hereby amends Resolution 1, 1986, which established a Planned Unit Development known as P.G.A. NATIONAL SHOPS, P.G.A. National, located in P.G.A. Resort Community, a Planned Community District, by amending Composite Exhibit "2" and Exhibit "3", which are the Site and Development Plans, by attaching 1. sheet prepared by Urban Design Studio, which sets forth the front elevations of the proposed building structures to reflect the typical color treatment of all buildings to be erected in said Planned Unit Development. - Section 2. All Resolutions or parts of Resolutions in - conflict herewith are hereby repealed. Section 3. This Resolution shall be effective upon date - of passage. INTRODUCED, PASSED AND ADOPTED THIS THE g/ DAY OF AUGUST, 1986. ATTEST : 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 4,2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE LA FITNESS P.LAZA PLANNED UNIT DEVELOPMENT (PUD), FORMERLY KNOWN AS SHOPPES ON THE GREEN, TO UPDATE THE COMMERCIAL PLAZA’S EXTERIOR COLORS, MATERIALS, SIGNAGE AND LANDSCAPING, AS DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, on February 1 , 1979, the City Council adopted Ordinance 34, 1978, which approved the PGA National Resort Community, a Planned Community Development (PCD); and WHEREAS, located with the PGA National PCD, the subject site has been rezoned by Resolution 1, 1986 to a Planned Unit Development (PUD) overlay with an underlying zoning of Commercial (CG-1). The subject site has a future land-use designation of Commercial (C), with 76,280 square feet of retail, 41,255 square feet of supermarket, and 13,054 square feet of drugstore; and WHEREAS, on August 19, 1986, the City Council adopted Resolution 37, 1986, approving architectural elevations and color treatments of all buildings proposed in the Shoppes on the Green PUD; and WHEREAS, on September 15, 2008, staff approved an administrative request to allow minor changes to the building exterior and minor landscaping modifications to accommodate the plaza’s new principal tenant, LA Fitness; and WHEREAS, on October 9, 2008, the City of Palm Beach Gardens’ Addressing Committee approved a request to change the plaza name from Shoppes on the Green to LA Fitness Plaza; and Resolution 4, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City received a request from Dodi Glas of Gentile Holloway O'Mahoney & Associates, Inc., on behalf of Fairway Shops, JV, for an approval of the LA Fitness Plaza Planned Unit Development (PUD) to update the commercial plaza's colors, materials, signage, and landscaping, south of PGA Boulevard on Fairway Drive and east of the Florida Turnpike, as more particularly described herein; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its December 9,2008, public hearing and recommended approval by a vote of 7-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The miscellaneous application of Dodi Glas of Gentile Holloway O'Mahoney & Associates, Inc., on behalf of Fairway Shops, JV, is hereby APPROVED for an update to the LA Fitness Plaza in terms of exterior colors, building materials, signage, and landscaping, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by resolution, on the following described real property: LEGAL DESCRIPTION LA FITNESS PLAZA BEING A PARCEL OF LAND LYING IN SECTION IO, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE LINE AT THE NORTHWEST CORNER OF SAID SECTION IO; THENCE N88"27'3"W, ALONG THE CENTER LINE OF P.G.A. BOULEVARD AND THE NORTH LINE OF SAID SECTION IO, A DISTANCE OF 303.63 FEET TO THE INTERSECTION LINE OF FLORIDA'S TURNPIKE; THENCE SI "35'42'W, ALONG SAID WESTERLY WITH THE NORTHERLY PROLONGATION OF THE WESTERLY RIGHT-OF-WAY RIGHT-OF-WAY LINE, A DISTANCE OF 340.00 FEET TO THE POINT OF 2 Resolution 4, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE CONTINUE SI "35'41'W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1013.08 FEET; THENCE N7"31'50"W, A DISTANCE OF 122.35 FEET; THENCE S85"22'49'Wl A DISTANCE OF 51 0.02 FEET; THENCE N64"46'42'Wl A DISTANCE OF 189.52 FEET; THENCE N73"35'08'Wl A DISTANCE OF 106.38 FEET; THENCE NI035'41"E, A DISTANCE OF 395.92 FEET TO A POINT IN A NONTANGENT CURVE CONCAVE TO THE NORTHWESTl HAVING A RADIUS OF 922.50 FEET, THE CHORD OF WHICH BEARS N59"10'48"EI THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 405.26 FEET THROUGH A CENTRAL ANGLE OF 25"10'13" TO THE POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 544.29 FEET, THE CHORD OF WHICH BEARS N26"58'19"E, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OFF 372.82 FEET THROUGH A CENTRAL ANGLE OF 39"14'44" TO THE INTERSECTION WITH A LINE 230.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES, THE SOUTH DISTANCE OF 407.61 FEET TO THE POINT OF BEGINNING. RIGHT-OF-WAY LINE OF SAID P.G.A. BOULEVARD; THENCE S88"27'03"El A CONTAINING 720,909 SQUARE FEET OR 16.55 ACRES, MORE OR LESS. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby APPROVES the following requested waiver: 1. Section 78-284(9), Prohibited signs, to allow for one principal tenant sign to be located on a roof. SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby DENIES the following requested waiver: 1. Section 78-285 Table 24, Principal tenant signs, to allow for an additional 50 square feet of copy area for the principal tenant sign. SECTfON 5. This approval is subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: 1. Any proposed changes to the approved landscape plan precipitated by conflicts with the Seacoast Utility Authority's easements or infrastructure shall require review and approval from the City of Palm Beach Gardens. SECTION 6. This miscellaneous petition is approved subject to strict compliance with the Exhibits attached hereto and made a part hereof as follows: 1. Master Signage Plan, Sheet SP-2, by Gentile Holloway O'Mahoney & Associates, Inc., last revised on December 18, 2008, and received and stamped by the City on December 19, 2008. 3 1 2. 2 3 4 5 3. 6 7 8 9 10 11 12 4. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 4, 2009 Site Plans, Sheet SP-1 , by Gentile Holloway O’Mahoney & Associates, Inc., last revised on November 14, 2008, and received and stamped by the City on November 14,2008. Landscape Plans, Sheet LP-1, by Gentile Holloway O’Mahoney & Associates, Inc., last revised on December 8, 2008, and received and stamped by the City on December IO, 2008, and Sheets LP-2 through LP-6, by Gentile Holloway O’Mahoney & Associates, Inc., last revised on November 14, 2008, and received and stamped by the City on November 14, 2008. Elevation, Floor Plan, Ref. Ceiling Plan, Sheets A6.0, A6.1, A6.2, A6.3, A6.4, A6.5, A6.6, A6.7, A6.8, A6.9, and A7.0, by Benavides Architecture, last revised on October 14, 2008, and received and stamped by the City on November 14,2008. SECTION 7. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 8. Any and all future amendments to the LA Fitness PUD shall be approved by resolution of the City Council, except as otherwise provided in the City of Palm Beach Gardens Code of Ordinances. SECTION 9. This approval shall be subject to and consistent with all previous approvals, if any, except as modified herein. SECTION IO. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 4, 2009 PASSED AND ADOPTED this day of , 2009. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~~ ~ R. Max Lohman, Interim City Attorney VOTE: -- AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR LEVY --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT --- COUNCILMEMBER PREMUROSO - - G:\attorney-share\RESOLUTIONS\2009\resolution 4 2009 - la fitness pud.docx n r 1 Y i' ? .I I r U r 5 < P SIGN SEPERAnON HEIGHT VARIES MM CEILING HEICHT TO MAINTAIN 8' ABOM L". I 0) M- I 3 ........... 3 ....................... i c I I \ Lr I x ii" f f .O sr I. 1" , ::i I J ! 1 I \\ \ I Existing Zoning : Wn i ncorporated I 1 I c 5 B 8 r -0 I Ul SHRUB5 k GROUNDCOVERS - F: ---------- E o.... . 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U N ID $ 8 F r c 7c m < W r > Z E d E i 1 I /I- - b z v, CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 15,2009 Resolution 5,2009 SUBJECT/AGENDA ITEM Petition MISC-08-11-000052: LA Fitness Median Sign Miscellaneous Petition Recommendation to City Council: Dodi Glas, agent for Fairway Shops JV, is requesting approval of a miscellaneous petition for LA Fitness Plaza, formerly known as Shoppes on the Green, to update the monument sign located within the median to reflect the plaza’s name change. The site is located south of PGA Boulevard within Fairway Drive in the PGA National Planned Community Development (PCD). The monument sign is located within the median on Fairway Drive. [XI Recommendation to APPROVE [ ] Recommendation to DENY City Attorney Planning Manager Natalie Wong, AICP ULJ Development Compliance NIA Bahareh Wolfs, AICP Growth Manaz;t,gTJ Administrato Kara Irwin, AICP Approved By: Growth Management: Accountant Originating Dept.: Project I TreshaThomas ’ Manager NIA- [XI Quasi-Judicial [ ] Legislative 1 [ 3 PublicHearing $- Current FY Advertised: No Date: NIA Paper: PB Post [ ]Required Funding Source: [ ] Operating [XI OtherNIA Budget Acct.#: NA AffEfZd parties: [ ]Notified [ XI Not Required City Council Action: [ ]Approved [ ] App. w/ conditions [ ] Denied Continued to: Attachments: 0 Project Narrative 0 Name Change letter 0 Resolution 73, 1990 0 Signage Program 0 Resolution 133, 1990 Resolution 26, 1996 Resolution 17,2006, including Easement Agreement 0 Resolution 5,2009 with exhibits EXECUTIVE SUMMARY The subject petition is a miscellaneous petition to allow for the monument sign, located in the median of Fairway Drive to be updated and reflect the commercial center’s name change to LA Fitness Plaza. The plaza received approval for the name change on October 3, 2008, from the City of Palm Beach Garden’s Addressing Committee. Staff recommends approval of Resolution 5, 2009. BACKGROUND On February 1, 1979, City Council approved the PGA National Resort Community, a Planned Community Development (PCD) with the adoption of Ordinance 34, 1978. Subsequently, the site plan for Shoppes on the Green was approved by the City Council as a Planned Unit Development (PUD) through the adoption of Resolution 1, 1986. Resolution 73, 1990 (see attachment) approved the Comprehensive Signage Program for PGA National Resort Communities dated April 1990. The Signage Program was amended per Resolution 133, 1990 (see attachment) changing background colors of “Personnel” signs. Subsequently, Resolution 26, 1996 (see attachment) was adopted, which revised the PGA National logo, eliminated individual sales center directional signs and allowed for directional signs to be altered in terms of color, post materials and overall appearance. With the approval of the Bascom Palmer Site Plan per Resolution 8, 1998, a monument sign located at the northwest corner of PGA Boulevard and Fairway Drive was removed to make way for the new Bascom Palmer Eye Institute signage. Tenants of Shoppes on the Green voiced their concerns about the lost exposure. Subsequently, petition MISC-05-07 was submitted to request a double faced monument sign within the median of Fairway Drive, in an effort to replace the signage that was removed. Resolution 17, 2006 (see attachment) approved the petition and allowed the monument sign to locate within the Fairway Drive median about fifteen (1 5) feet south of the PGA Boulevard right-of-way. An Easement Agreement was drafted as part of this resolution (see attachment) between the City of Palm Beach Gardens and Fairway Shoppes Joint Venture. The agreement established a perpetual easement across a portion of the City’s property, for the installation, operation, maintenance and repair of the directional sign at the cost of Fairway Shoppes JV. LAND USE & ZONING The subject monument sign for LA Fitness Plaza is located within the PGA National Resort PCD and has a Planned Community Development (PCD) zoning overlay. CONCURRENCY The subject site was deemed built out as part of the overall DRI in August 2005 per Resolution 107, 2005. The applicant’s request does not affect the project’s approved entitlements. PROJECT DETAILS Sinnaae The applicant is proposing to update the Fairway Drive median sign to reflect the plaza’s new name. 2 Meeting Date: January 15,2009 Resolution 5,2009 Meeting Date: January 15,2009 Resolution 5,2009 The existing monument sign is not being altered in size, shape or style (see attachment). Only the faqade is affected by this petition. The monument sign will remain six (6) feet tall, eight (8) foot ten (10) inches wide. The sign panel will be painted beige (Beige PMS 452) and stuccoed to match the originally approved background color. The new face will have the PGA National logo centered on the top portion of the sign with the LA Fitness Plaza name below. The PGA National logo and the rectangular bullet panel are proposed to be green (Green PMS 350) to match the originally approved colors. On the rectangular bullet, “LA Fitness” will be white with nine (9) inch letters and “Plaza” will be white with four and one quarter (4 114) inch letters. The signs decorative half circle will be internally illuminated. All of the proposed signage is consistent with the City’s Code requirements. Landscapinn/Buffr ing The applicant is not proposing any changes to the existing landscaping. Waivers The applicant is not requesting any waivers with this petition. PLANNING, ZONING, AND APPEALS BOARD This petition was not required to go before the Planning, Zoning, and Appeals Board (PZAB) for review. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 5,2009. 3 GENTILE HOLLOWAY ' O'MAHONEY b ~550iit-r: 14. Landscape Architects Planners and Environmental Consultanis . LC 0000177- George G Gentile FASLA M Troy Hollcway ASiA Fm,ly OMdhoney PSlA . PROJECT NARRATIVE LA FITNESS PLAZA; MEDIAN SlGNAGE November 12,2008 RequestLocation On behalf of the applicant Fairway Shops JV, Gentile Holloway O'Mahoney & A$sociates, Inc., acting as agent, is requesting the review of a Miscellaneous Petition for LA Fitness Plaza, the main commercial center within the PGA National DRI formerly * known as Shoppes on the Green. This petition will allow for the monument sign, which identifies the commercial center to reflect 'the change in the centers name form Shoppes on the Green to LA Fitness Plaza @ PGA National (see attached). The subject sign is located within the median of Fairway Drive, and was approved by Resolution 17,2006 to allow for a six (6) foot tall by eight (8) foot ten (IO) inch wide monument sign to be located approximately fifteen (1 5) feet south of the PGA Boulevard right-of-way. The name change to the center was reviewed and approved by the PGA Property Owners Association, Inc (POA) on October 3, 2008 (. The applicant then received approval from the City of Palm Beach Gardens Addressing Committee, on October 9, 2008 (see A ttaceen t B). As you may know construction of the LA Fitness facility, within what was once the Publix sitore. is currently underway. At the present time there is a miscellaneous petition under review by staff to allow the center's architecture, landscaping and signage to be updated and refreshed. The style and architectural theme of the center will remain intact. History In February of 2006 an easement agreement was executed between the City of Palm Beach Gardens and Fairway Shops Joint Venture. The agreement granted a portion, 0.003 acres, of the Fairway Drive median to Fairway Shoppes Joint Venture for their use. This agreement also grants the owner the right, at any time, to install, reconstruct, remove, relocate, and replace signage. Resolution 17, 2006 approved the amendment to the PGA National Comprehensive Signage Program to ahow a monurpent sign, identifying the Shoppes on the Green at PGA National Development, to be located within the Fairway Dride mtdian. LA Fitness Plaza-Median Signage Pfoject Narrative November 12,2008 Page 2 This resolution also requires that the location of the sign be approximately fifteen (I 5) feet south of the PGA Boulevard Right-of-way and permits the sign to be six (6) feet in height and eight (8) feet ten (10) inches wide. The agreement also identifies the maintenance responsibilities of ownership for the median, indicating that Fairway Shops Joint Venture is responsible for the landscaping within the median of Fairway Drive from Fairview Lane, also known as Fairway Lane. to the western terminus of the center. Agreement two (2) of the Easement Agreement specifically states, “. . . Fairway and its officers, agents, employees, servants, and independent contractors (have) the right and authority to enter upon the Property (at) any time to use;install, operate service, maintain, construct, reconstruct, remove, relocate, repair, and replace Fairway‘s sign and to maintain landscaping on the Property and maintain the landscaping at a standard at least as great as the City’s standard” ( see Attachment B). Conclusion The applicant is requesting approval to update the monument signage located within the median of Fairway Drive, due to the name change of the center. This name change has ’ been approved by both the City of Palm Beach Gardens and the POA. Additionally the applicants’ intent is to maintain the style and theme of the original signage. Therefore, on behalf of the applicant Gentile Holloway O’Mahoney & Associates, Inc. respectfully submits the Miscellaneous Petition for review. October 9.2008 Dacli Clas, AICP Director of Planning Gcnt ilc 1-101 loway O'blalioney 1907 Commerce Lanc, Suite IO I Jupiter, FL 334.58 Re: Shoppes on the Green at PGA National Name Chnngc Dear Dodi: The Addressing Committee has reviewed you're the submittal for a name change to the Shoppes on the Green plaza at PGA National. Please accept this letter as confirmation of the plaza name fi-om Shoppes on the Green at PGA National to LA Fitness Plaza at PGA National. If you have any further questions, please don't hesitate to call me at (561) - 799-4278 Tlianks Tor your help in this matter GIS Manager City of Palm Beach Gardens aDaref8Dbdf.com 561-799-4278 AP: AP RESOLUTION 73, 1990 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE COMPREHENSIVE SI GNAGE PROGRAM FOR PGA NATIONAL RESORT COMMUNITIES AS PREPARED BY URBAN DESIGN STUDIO DATED APRIL 1990, A COPY ATTACHED HERETO AS EXHSBIT "AA"; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Councll hereby approves the Comprehensive Signage Program for PGA National Resort Comnuni ties as prepared by Urban Design Studio dated April 1990, a copy of which is attached hereto as Exhibit "A". Section 2. All Resolutions or parts of Resolutions in conf 1 i ct herewith are hereby repealed. Section 3. This Resolution shall become effective upon date of passage. ~ INTRODUCED, PASSED, AND ADOPTED THIS THE // DAY OF MAY, 1990 MAYOR MARTIN0 ATTEST: APPROVED AS,TO LEGAL FORM AND SUFFICIENCY/ / - PGANabod Comprensive Signage Program April 1990 urban PGANatid CONTENTS GENERAL SPECIFICATIONS LOGO STANDARD SIGN DETAILS Project Directional Project Directional Details Construction Details Project Marketing ID and Future Site Use ID (Preferred) Project Marketing IO and Future Site Use ID (Option) Commercial Marketing ID and Future Site Use ID Commercial Project Job Sign Temporary Builder and Lot Available Sign Street Name Regulatory Model Home - Directional (Preferred) Model Home - Directional (Optional) Sales Center Information Notices Temporary Special Events Sign dm:dick II_ PAGE 2 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 G EN E R AL S P EC IF IC AT 1 ONS ; COLORS: Panels - Black (flat) Posts - Dk. grey (glossy) Posts - Street name - black (satin finish) Lettering - White (or 3M reflective for night applications) Panel Bordersfirirn and Sign Back - Light grey (glossy) Post Reveal - Fire red (glossy) LETlERlNG STYLES: Palatino (for main messages) abcdef ghijklrnnopqrstuvwxyzi~e0 ABCDEFGHIJKLMNOPQRSTUV WXYZAcE0 123456789O~%fSc$~(~~~~~~~~?!) Clarendon Bold (optional for main messages) abcdef ghijklmnopqrstuvwxyzaeoes ABCDEFGHI JKLMNOPQRSTUVWXYZAE~8 ~ .-" 1234567890R§%C&S~~C~~~~~~~,?!~ Helvetica Medium, Italic, or Bold abcdefghijklmnopqrstuvw xyzaees ABCDEFGHI JKLMNOPQRSTUV WXYZECE0 1234567890&%~0$~+[9;I;;:,:;/=?!I Franklin Gothic Extra Condensed (street name signs only) , ab~defghijklmnopqrstuvw~yz~~B ABCDEFGHIJKLMNOPQRSTUVW XYZRIEB 1234567890&%€B§$C+(; %&G?!) POSTS: 4"x4" or 4"x6". Treated wood posts - painted POSTS - STREET NAME: 2 3/16 dia. aluminurn painted flat black POSTS - - REGULATORY: 4"x4" or 3"x3" aluminum - oainted black PGANatlOnal 2 GENERAL SPECIFICATIONS CONT. PANELS: Sandblasted & painted wood DIMENSIONS: Varies (see “Sign Details”) REGULATORY: All sign panels to be in compliance with D.O.T. standards LOGO: To be centered at (see “Logo - Standard” for color specifications of “Temporary ID” sign panel (3’ x 5’) P .Y FLAGS: Builders will be permitted to display only one white and green Property Owners Association (POA) apprked flag per single family home and one flag per multi-family development to signify model locations. Fiags are to be removed on a daily basis when models are closed. BANNERS: None permitted TEMPORARY SIGNS - REMOVAL: All temporary project marketing and directional signs shali be removed within 2 years of the issuance of the final certificate of occupancy. Other temporary sales signs shall be removed within 30 days of project sell out. , TEMPORARY SPECIAL EVENT SIGNS - LOCATION: Signs shall not be located outside . ’ of the PGA National gatehouses or information booths. TFMPORARY SPECIAL EVENT SIGNS - TIME FRAME Not to exceed 30 days prior to or 7 days after special event. PERMANENT SIGNS Include Street Name, Regulatory and Information Notices. All other signs in booklet are considered temporary. A PROJECT DIRECTIONAL NOTES : MAXIMUM OF 7 MESSAGES PER SIGN FACE * SANDBLASTED WOOD SIGN FACE IF ONLY SINGLE-SIDED SIGN, BACK OF SIGN TO BE PAINTED GRAY TO MATCH POSTS *“SALES CENTER USUALLY TOP MESSAGE OF EACH SGN PGA NATIONAL 5 5X' PROJECT DIRECTIONAL - DETAILS c p" 2' I_--- t a. 3 1" -c c c SIDE VIEW-- 3 3 3 3 3 3 FRONT VIEW SOURCE: CREATIVE WORKS 6 CONSTRUCTION DETAIL CAP DETAILS (WITH TWO-POST SIGN) w- CAP DETAIL (WITH ONE-POST SIGN). ARROW DETAIL SOURCE : CREATIVE WORKS PROJECT MARKETING ID - PREFERRED and FUTURE SITE USE ID - PREFERRED "V" SIGN (TWO SIGN FACES) 8 PROJECT MARKETING ID - OPTION and FUTURE SITE USE ID c 4 60" t . "V" SIGN (TWO SIGN FACES) 9 COMMERCIAL MARKETING ID and FUTURE SITE USE D SEENOTES 4 NOTES SIGN DIMENSIONS SHALL COMPLY WITH PALM BEACH GARDENS SIGN CODE. NOT FOR RESIDENTIAL APPLICATIONS 8 SIGN MAY ALSO BE HORIZONTAL ORIENTATION I POSTS 4x4s PAINTED BLACK 10 COMMERCIAL PROJECT JOB SIGN II APPROVAL PRIOR TO I I 1 FABRfCA770N I II SCALE: 1/2? 9 l'-O" PGANahod NOTES - POSTS 4x4 WOOD (PAINTED BLACK} TEMPORARY BUILDER SIGN and LOT AVAILABLE SIGN NOTES: cTWO SIGN BLADES PER SIGN BLACK ALUNMINUM SIGN BLADES LETTERS - 4" REFLEMIVE VINYL SIGN BLADE LENGTH TO, VARY DEPENDENT ON AMOUNT OF COPY STREET NAME NOTES POSTS 4x4 ALUMINUM PAINTED FLAT BLACK (STOP SIGNS) 3x3 ALUMNUM PAINTED FLAT BLACK (OTHER REGULATORY) PANUS: CUT ALUMINUM SHEETS BACK OF SIGNS PANTED FLAT BLACK -SIGN FACE TO COMPLY WITH DOT STANDARDS REGULATORY MODEL HOME - OIRECTIONAL i 4.8" NOTES POSTS 4x4 WOOD (SINGLE-POST SIGNS) 6x4 WOOD (DOUBLE-POST SIGNS) 15 . , - <. . . .. ,.. \- -. .., ' . . , ~.. . . . -t-s .*.. , . ,-_ NOTES POSTS : 2x4 WOOD MODEL HOME DIRECTIONAL - OPTION SALES CENTER DIRECTIONAL NOTES: POSTS 4x4 WOOD , A WORMATION AND NOTICES 4b " NOTES SIGNS DlMEN$lONS TO VARY DEPENDING ON MESSAGE AND LOCATION SIGN HEIGHT GENERALLY NOT TO EXCEED 48" TEMPORARY SPECIAL EVENTS SIGN POSTS: 4x4 WOOD PAINTED WHITE PANELS WHITE (TYPICAL AND MAX. SIZE 4'x a LETTERING VARIES (BOTH COLORS AND LETTERING) 1 _. . 'c .L 1 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 February 27,2006 Thomas J. Baird, P.A. 11891 U.S. Highway One, Suite 105 North Palm Beach, F133408 Dear Mr. Baird: Enclosed for your records is one certified copy of Resolution 17, 2006 and two (2) Original Easement Agreements between the City of Palm Beach Gardens and Fairway Shoppes Joint Venture. If you have any questions, please do not hesitate to contact my office (561) 799-4195. Sincerely, La Deputy Ray ity Clerk Enclosure RESOLUTION 133, 1990 A RESOLUTION OF THB CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE COMPREHENSIVE SIGNAGE PROGRAM FOR THE PGA NATIONAL RESORT COMMUNITY, A PLANNED COMMUNITY DISTRICT BY CHANGE OF COLOR OF CERTAIN SIGNS; AND, PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF TKE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Comprehensive Signage Program heretofore approved for the PGA National Resort Community, a planned community District Is hereby amended as follows: 1. All Sales and Model Centers sign directionals shall have green background panels instead of black. 2. One (1) "Personnelu1 sign at the Resort Core PUD shall have a red background instead of black. 3. The approved Signage Program Booklet is hereby amended by the three (3) replacement sheets attached hereto as Composite Exhibit "A". Section 2. All ReSOhtiOnS or parts of Resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall be effective upon date of passage. Irf INTRODUCED, PASSED AND ADOPTED THIS /f DAY OF OCTOBER, 1990. MAYOR MICHAEL MARTIN0 ATTEST : I I b RESOLUTlON 26,1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE SIGNAGE MASTER PLAN FOR THE PGA NATIONAL RESORT COMMUNTTY, A PLANNED COMMUNITY DISTRICT. WHEREAS, the Signage Master Plan for the PGA National Resort Community was originally approved by Resolution 73, 1990, and subsequently amended by Resolution 133,1990; WHEREAS, the City has received a petition for an amendment to the PGA National Signage Master Plan; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Signage Master Plan heretofore approved for the PGA National Community, a Planned Community District, is amended as follows: 1. The color of sign panels for directional shall be changed from signs fkom flat black to hunter green. 2. Aluminwn sign posts are permitted to be used for directional signs painted hunter green. Wooden posts must be replaced With durable material. 3. Revise the standard logo for PGA National. 4. Revise the appearance of project directional signs. The revised design permits rounding the corners of the sign panels. The current plan requires directional sign panels to be rectangular. The number of sign messages shall not exceed nine (9). 5. The elimination of the individual Sales Center directional signs from the signage plan. SECTION 2. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: LINDA V. KOSIER, CMC, CITY CLERK , 4/ (d VOTE: AYE NAY ABSENT MAYOR RUSSO I.- ./ --- VICE MAYOR F'URTADO --- COUNCILWOMANMONROE - J - - COUNCILMAN JABLIN -- COUNWlLMAN CLARK --- u . Date Prepared: January 12.2006 - 1 RESOLUTION 17,2006 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO 6 THE PGA NATIONAL COMPREHENSIVE SIGNAGE PROGRAM TO 7 ALLOW A MONUMENT SIGN TO BE LOCATED WITHIN THE 8 FAIRWAY DRIVE MEDIAN FOR SHOPPES ON THE GREEN AT 9 PGA NATIONAL DEVELOPMENT OF REGIONAL IMPACT (DRI); 10 APPROVlNG AN EASEMENT AGREEMENT, AS MORE 11 PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR 12 WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 17 18 Resolution 73, 1990; and 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, a previously-existing entry sign for Shoppes on the Green at the 30 northwest corner of PGA Boulevard and Fairway Drive was removed when that 31 32 33 WHEREAS, Thomas J. Baird. Esquire, agent for Southeast Centers, LLC and 34 Fairway Shoppes Joint Venture (the “Applicant”), has filed a petition (MISC-05-08) 35 requesting approval for an amendment to the PGA National Comprehensive Signage 36 Program to allow a 6’4iigh x 8’10”-wide monument sign for Shoppes on the Green 37 within the PGA National Development of Regional lrripact (DRI), and requesting 38 approval of ari Easement Agreement across a portion of the City’s property to allow for 39 the installation, operation, maintenance, and repair of the sign. The sign is to be 40 located within the median of Fairway Drive approximately 15’ south of the PGA 41 Boulevard right-of-way; and 42 43 44 45 46 WHEREAS, on May 17, 1990, the City Council approved the Comprehensive Signage Program for PGA National Resort Communities through the adoption of WHEREAS] on October 18, 1990, the City Council approved an amendment to the Comprehensive Signage Program for the PGA National Resort Communities to allow a color change of certain signs through the adoption of Resolution 133, 1990; and WHEREAS] on February 15, 1996, the City Council approved an amendment to the Cornprehensive Signage Program (the Signage Master Plan) for the PGA National Resort Communities to allow color and appearance changes, aluminum sign posts, a logo revision, and the elimination of individual sales center directional signs; and privately-owned property was approved for development; and WHEREAS, the Growth Management Department has reviewed the application. has determined it is sufficient, and has recommended approval; and 4’- I % r,A ,* =-jt t’; .i ,i t ‘* .. b I! ’., j,d .,\i 1 i.,, P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 r Date Prepared: January 12,2006 Resolution 17,2006 WHEREAS, the Planning, Zoning, and Appeals Board held a public meeting on June 14,2005, and voted 7-0 to recommend approval with conditions and waivers; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. An amendment to the Comprehensive Signage Program for PGA National Resort Communities, as previously amended, is hereby APPROVED to include a 6'-high x 8'10"-wide monument sign within the median of Fairway Drive for Shoppes on the Green. SECTION 3. An Easement Agreement between the City of Palm Beach Gardens and Shoppes on the Green (Fairway Shoppes Joint Venture) which provides that Fairway S hoppes Joint Venture shall be responsible for the installation, operation, maintenance, and repair of the median sign is hereby APPROVED for the following described real properly, subject to the conditions of approval and waivers provided herein: LEGAL DESCRIPTION: A PORTION OF THE RIGHT-OF-WAY OF FAIRWAY DRIVE PER THE "PLAT OF FAIRWAY DRIVE AND FAIRVIEW LANE", AS RECORDED IN PLAT BOOK 56, PAGES 21 AND 22 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTlCUtARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID FAIRWAY DRIVE; THENCE NORTH OI"32'57" WEST, ALONG EAST LINE OF SAID FAIRWAY DRIVE, BEING THE BASIS OF BEARING, A DISTANCE OF 18.82 FEET; THENCE NORTH 88'23'43" WEST, A DISTANCE OF 54.20 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE NORTH aa*23'43" WEST, A DLSTANCE OF 7.75 FEET; THENCE SOUTH 01'47'26" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 88'23'43" EAST, A DISTANCE OF 7.75 FEET; THENCE NORTH 01'47'26" EAST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. 2 Date Prepared: January 12.2006 Resolution 17,2006 I 2 3 4 5 6 7 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 40 41 42 43 44 45 46 a 39 SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO ALL PERTINENT MAUERS OF RECORD. CONTAINING 0.003 ACRES, MORE OR LESS. SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: ?. A waiver from Section 78-287(C)(I) & (2) Landscaping, to allow a side landscape area of 2.75’. 2. A waiver from Section 78-285, Table 24, Permitted Signage, to allow a 16.5’I-high sign base. SECTION 5. The monument sign is approved subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: 1. Prior to the issuance of the building permit, the Easement Agreement between Fairway Shoppes Joint Venture and the City, allowing for the installation, operation, maintenance, and repair of the approved sign, shall be executed by both parties and recorded in the Public Records of Palm Beach County, Florida. (City Attorney, Growth Management) 2. Prior to the issuance of the certificate of completion, the Applicant shall install the approved landscaping associated with the sign. (City Forester) 3. The Applicant shall, at its sole cost and expense, install, maintain, and repair its sign. (Growth Management, Code Enforcement) 4. The Applicant, its successors. or assigns shall maintain the Fairway Drive road shoulder and the landscaping within the median of Fairway Drive, from Fairway Lane to the western terminus of the Shoppes on the Green property. This maintenance obligation may be amended by a separate agreement with the City. (City Forester) SECTION 6. The signage shall be installed and maintained in compliance with the following documents and plans, as amended herein and on file with the City’s Growth Management Department: 1. Easement Agreement between the City of Palm Beach Gardens and Fairway Shoppes Joint Venture allowing for maintenance, and repair of the approved sign parties. the installation, operation, shalt be executed by both 3 Date Prepared: January 12,2006 Resolution 17, 2006 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a 2. Siynage and Landscape Pian dated August 1, 2005, by Urban Design Studio. 3. Color sign elevation, 2 sheets, “Shoppes on the Green at PGA National” dated July 6, 2005, by Sign Craft. SECTION 7. This approval shall be consistent with all representations made by the Applicant or Appficant’s agents at any public meeting. SECTION 8. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 4 Date Prepared: January 12.2006 Resolution 17, 2006 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A7 18 19 20 21 22 23 24 25 PASSED AND ADOPTED this I&* day of ~ULLL~ , 2006. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: p@wd atricia Snider, CMC, ity Clerk 74G :dm *,s&g4 .-* gf lf!6 W$ d P.:!-t7 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: / Christine P. Tatum, City Attorney 26 27 28 VOTE: 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 38 AYE NAY ABSENT J --- MAYOR RUSSO VICE MAYOR JABLIN J COUNCILMEMBER LEVY --- J COUNCILMEMBER VALECHE --- 1 COUNCILMEMBER BARNETT --- G:btlomey~shareWESOLLlTlONS\Shoppes on the Green sign-reso 17 2006 doc 5 I \' . .. ._ -. -_ 3 0 In 0 2 a e I co z U I 0 so 7 Z ,i$ I JI i i i / - .. - . . . . - . __ . ------/ ! - PGA PROPERTY OWNERS ASSOCIATION, INC. Shoppcs On ‘The Gwen 7100 Fairway Drive, Suire 29 Palm Beach Gardens, Florida 334 18 ,,H&vember 10,2005 (561) 627.2800 Mr. Jeff Scott, VP Construction SEC Commercial 1541 Sunset Drive, Suite 300 Coral Gables, FL 33143 FACSIMILE (561) 622-6324 Re: Architectural Review Committee - Shoppes on the Green Sigriaye Revision Dear Mr. Scott: Approved as Noted The PGA Architectural Review Committee, at its meeting of November 3, 2005, r‘eviewed the above referenced revision as submitted by Urban Design (rev. 8/1/05) and Signcraft (rev, 7/6/05). The Committee has approved the request as noted: - Sign will be placed in the center median on Fairway Drive between PGA Blvd and Fainrvay Drive(between the FDOT directional signal & the existing Mahogany tree). The sign lettering (SHOPPES ON THE GREEN) will be an “applied channel lettering” Sign will also include the verbiage “at PGA National” which will be made of %” flat cut out aluminum lettering. Sign cabinet will be finished Beige stuccokap finished Green PMS 350 W/PMS Beige 452 accents Copy will be finished Green PMS 350. Sign will measure 6 feet tall (at top of center curve) and 8 R. 10 inches wide. Landscape material will be (IO) 12”x12”, 2 gal. Red, Dwarf Crown of Thorns on the side facing PGA Bfvd. and (1 15) 12”x12” 1 gal Ilex Volmitoria Stokes Dwarf surrounding the entire base of the sign All plants will be instalted 15” ox SEC is responsible to insure there will be no sight line obstruction. e 0 e - 0 Note: No lighting plan was submitted. If the sign will be lit (whether internally or externally) the SEC must submit a lighting plan to the POA ARC for approval. The PGA Property Owners Association, Architectural Review Committee has reviewed the request to ensure that all modifications comply with state arid local laws including, but not limited to, all pertinent building codes &f6Ann O’Mara. ARCKompliance Administrator On Behalf of the Architectural Review Committee PGA Property Owners Association, Inc. Cc: Thomas J. Baird, Esquire CIN OF PALM BCH GDNS O”R P ’I --_ ;uI d I gal. . ‘.\- -EXISTING hlETAL LIGHT POLE /-- /J _-. /-- I ,.:- S 43’27’03” E 35.36’ / : S 01’32’57” W /- / ---.*’ 1 50.00’ p. % \., \ v, z n Q 0 U 0 Z This instrument prepared by: and return to: Thomas J Baird, Esq Thomas J. Baird, P A 1 189 1 U S Highway One, Suite 105 North Palm Beach, FL 33408 Do not wnte above this line - this space reserved for recording purposes I EASEMENT AGREEMENT This Easement Agreement (“Agreement”) is made and entered into this day of corporation organized and existing under the laws of the State of Florida, whose mailing address is ‘lo500 North Military Trail, Palm Beach Gardens, Florida (“City”), and Fairway Shoppes Joint Venture, whose mailing address is 154 1 Sunset Drive, Suite 300, Coral Gables, Florida 33 143 (“Fairway”)- 3;1 _Fag UWY , 2006, by and between the City of Palm Beach Gardens, a municipal WHEREAS, Fairway, in connection with its operation of its shopping center, proposes to install a directional sign upon the City’s property; and WHEREAS, Fairway has requested a perpetual easement across a portion of the City’s property, for the installation, operation, maintenance, and repair of said directional sign for the benefit of its tenants, visitors, and the general public; and WHEREAS, the City is the fee title owner of certain real property lying herein described in Exhibit “A”, attached hereto and made part hereof, and desires to grant to Fairway, its successors, and assigns, a non-exclusive, perpetual ease in, on, over, under, and across a portion of its property for the purposes descrEed he& WHEREAS, the parties desire to establish the rights and responsibilities of the parties with respect to the easement created herein; and NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. The City hereby represents that it is the fee simple owner of the real property described in Exhibit A, attached hereto and made part hereof (the “Property“); that it has the right to enter into this Agreement; and that the person signing this Agreement has the authority to sign and execute this Agreement on behalf of the City. The City and its successors-in-interest to the City Property are referred to herein as the YXy-” 1 2. The City hereby grants and conveys to Fairway, its successors and assigns, a perpetual, non-exclusive easement (hereinafter referred to as the "Easement"), for access over, on, over, under, and across the Property, which shall permit Fairway and its officers, agents, employees, servants, and independent contractors the right and authority to enter upon the Property any time to use, install, operate, service, maintain, construct, reconstruct, remove, relocate, repair, and replace Fairway's sign and to maintain landscaping on the Property and maintain the landscaping at a standard at least as great as the City's standard for landscaping piiblic medians The legal description of the Easement is more specifically described in Exhibit A, and the location of the Easement is depicted on the location sketch attached hereto as Exhibit B, both of which are made a part hereof 3. Fairway shall, at its sole cost and expense, instail, maintain, and repair its sign Fairway shall perform ils obligations described herein, in a manner so as to minimize damage, disruption, and inconvenience to the Property. 4. Fairway, its successors, or assigns shall maintain the Fairway Drive road shoulder, and the landscaping within the median of Fairway Drive, from Fairview Lane (also known as Fairway Lane) to the western terminus of the Shoppes on the Green property. The parties hereto further agree that this maintenance obligation may be amended by a separate agreement with the City. 5. Fairway, and its officers, agents, employees, servants, and independent contractors shall install, maintain, repair, and replace the sign in a proper operating and reasonably safe condition. The City shall maintain and repair all other portions of the Property of which the Easement is a part, in a proper and reasonably safe condition, except that Fairway shall be responsible for maintenance of landscaping on the Property. 6. Fainrvay indemnifies the City against, and holds it harmless from, any and all claims, demands, actions, suits, losses, damages, expenses, judgments (including court costs and reasonable attorney's fees at all levels) and claims of liability which arise of the use and/or occupancy of the Easement and the Property by Fairway. 7. The Easement hereby created, granted, and conveyed includes the creation of all incidental rights and easements reasonably necessary for the use and enjoyment of the Easement by Fairway for its intended purposes. The Easement shall be perpetual and non-exclusive, shall be binding upon the City, and shall run with and be binding upon the Property. The City may, for its own purposes, utilize the Property and shall retain a right of free ingress and egress under, over, and upon the Property; provided, however, that the City shall not grant any easement, lease, license, nor make any covenants or agreements permitting the use or occupancy of the Easement or Property, which may in any way interfere with or impede the Easement or the exercise of the rights granted to the City under this Agreement or which may violate the terms of this Agreement, except as may be necessary to serve transportation or public utility purposes. 2 8. This Agreement shall be governed by, construed under, and interpreted and enforced in accordance with the laws of the State of Florida with venue for any litigation concerning this Agreement to be in a court of competent jurisdiction tocated in Palm Beach County, Florida. The parties hereby consent and submit to the exclusive jurisdiction of any such court and agree to accept service of process outside the State of Florida in any matter to be submitted to any such court pursuant hereto. 9 The prevailing party in any action or proceeding in any court to enforce the terms of this Agreement shall be entitled to receive its reasonable attorney's fees and other reasonable costs and expenses from the non-prevailing party. 10. This Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises, or understandings between the parties. Neither this Agreement nor the Easement may be terminated and/or otherwise modified except by a writing executed by the City and Fairway and recorded in the Public Records of Palm Beach County, Florida. 1 1. Upon full execution by the parties, this Easement Agreement and Exhibits A and B, attached hereto, shall be recorded by Fairway in the Public Records of Palm Beach County, Florida with Fairway to pay the costs of recording. 12. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of the Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected, and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. “FAIRWAY” By: Fairway Shops Joint Venture, A Texas ,Joint Venture COUNTY OF PALM BEACH The foregoin instrument as cknowledged b fore me thi 2006, by &=ld -.f5;&/ as era Venture. (AFFIX NOTARY SEAL) /q’L P . Notary hbfic Printed Name: STATE OF FLORIDA COUNTY OF PALM BMCH uwv , d The foregoing instrument was acknowledged before me this /d day of F&QK 2006, by 30MfVj R. nu550 as mmore of City of Palm Beach Gardens. Florida. (AFFIX NOTARY SEAL) tT0-Y a Notarv Phlic G:\altorney-sh are\AGREEMENTS\Easement Agreement-shoppes on the green doc E:\TJB\SE CentersEasernent Agreement 11206 Final doc 4 SKETCH OF DESCWQPTBON FAIIRWAY DRIVE PROPOSED SIGNAGE EASEMENT OESCRIP TION: A PORTION OF THE RIGHT-OF-WAY OF FAIRWAY DRIVE PER THE ”PLAT OF FAIRWAY DRIVE AND FAIRVIEW LANE”, AS RECORDED IN PLAT BOOK 56, PAGES 21 AND 22 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID FAIRWAY DRIVE; THENCE NORTH 01’32’57” WEST, ALONG EAST LINE OF SAID FAIRWAY DRIVE, BEING THE BASIS OF BEARING, A DISTANCE OF 18 82 FEET; THENCE NORTH 88’23’43” WEST, A DISTANCE OF 54 20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88’2.3’43” WEST, A DISTANCE OF 775 FEET; THENCE SOUTH 01-47’26” WEST, A DISTANCE OF 15 00 FEET; THENCE SOUTH 88‘2.3’43” EAST, A DISTANCE OF 7 75 FEET; THENE NORTH 01’47’26” EAST, A DISTANCE OF 15 00 FEET TO THE POINT OF BEGINNING SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA S(JBJECT TO ALL PERTINENT MATTERS OF RECORD PROJ NO: R-05-125 9-’0-05 SHEET 1 OF 2 SURVEYOR‘S NOTES: 1) SKElCH AND DESCRIPTION BASED ON “PLAT OF FAIRWAY DRlM AND FAIRWAY LANE” AS RECORDED IN PLAT BOOK 56. PAGES.21 AND 22 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA 2) MIS INSTRlJMEN7 IS NOT A SKETCH OF SURVEY 3) UNLESS ir BEARS THE SIGNATURE AND SHE ORIGINAL RAISED SEAL Of A fLORlDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS FOR INFORMAllONAL PURPOSES AND IS NOT VALID Land Surveying and Mapping ?74l North Mfiitory lrd. Woodblne Commons, Suile 1. Palm Beoch Gordcns. florid0 53410 Phone: (561) 841-7466 Far. (561) 841-3919 E-moil: rpbconsultinginc~orh~~k.net RPB CONSULTING. INC STATE OF FLORIDA LB NO 7022 P 9 -- (0 - D f- - -- -- 3Y __ FOR mr’# THE FIRM: e DATE ROBERT P. BLASZYK PROFESSIONAL LAND SURVEYOR & MAPPER STATE OF FLORIDA REG NO 11.33 SKETCH OF DESCRIPTION SOUTH LINE I I r- I I I I I NOT TO SCALE PGA BOULEVARD I N 88’23’4 0 7 7- I 1 1 POINT OF COMMENCEMENT 1 N E. CORNER, FAIRWAY DRIVE S Ol”32’57” W e 4 - Q C > 2 & Q LL - CEN TERLINE FAIRWAY DRIVE EX1 STING MEDIAN & CURBS Lend Surveylng and Mepplng . PROPOSED SIGNAGE EASEMENT 7741 Norlh Hlltary 1103. Woodbine Commons. Suite 1. Palm Beoch Gordenns, Flwido 33410 Phone: (561) 841-7466 FOK (561) 841-3819 E-mall: rpbconsultlnginc~orhlink net PROJ NO: R-05-125 SHEET 2 OF 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 5,2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MONUMENT SIGN WAY IN THE PGA NATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD), TO BE MODIFIED TO REFLECT THE PLAZA’S NAME CHANGE FROM SHOPPES ON THE GREEN TO LA FITNESS PLAZA, AS DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. LOCATED IN THE MEDIAN OF THE FAIRWAY DRIVE RIGHT-OF- WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, on February 1 , 1979, the City Council adopted Ordinance 34, 1978, which approved the PGA National Resort Community, a Planned Community Development (PCD); and WHEREAS, on February 16, 2006, the City Council adopted Resolution 17, 2006, which adopted an easement agreement between the City of Palm Beach Gardens and Fairway Shops, JV, allowing the subject median sign to be located within the median on Fairway Drive, approximately fifteen (15) feet south of the PGA Boulevard right-of-way; and WHEREAS, on October 9, 2008, the City of Palm Beach Gardens’ Addressing Committee approved a request to change the plaza name from Shoppes on the Green to LA Fitness Plaza; and WHEREAS, the City received a request from Dodi Glas of Gentile Holloway O’Mahoney & Associates, Inc., on behalf of Fairway Shops, JV, for an approval of the Fairway Drive median sign to update the face of the sign to reflect the commercial center’s name change to LA Fitness Plaza, as more particularly described herein; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended approval; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and Resolution 5, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council has determined that adoption of this Resolution is in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The miscellaneous application of Dodi Glas of Gentile Holloway O'Mahoney & Associates, Inc., on behalf of Fairway Shops, JV, for an approval of the miscellaneous petition to allow the median sign located on Fairway Drive to be modified to reflect the commercial center's name change, which is located on the following described real property: LEGAL DESCRIPTION A PORTION OF THE RIGHT-OF-WAY OF FAIRWAY DRIVE PER THE "PLAT OF FAIRWAY DRIVE AND FAIRVIEW LANE, AS RECORDED IN PLAT BOOK 56, PAGES 21 AND 22 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID FAIRWAY DRIVE; THENCE NORTH 1'32'57" WEST, ALONG THE EAST LINE OF SAID FAIRWAY DRIVE, BEING THE BASIS OF BEARING, A DISTANCE OF 18.82 FEET; THENCE NORTH 88'2343 WEST, A DISTANCE OF 54.20 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE NORTH 88'23'43 WEST, A DISTANCE OF 7.75 FEET; THENCE SOUTH 1'47'26 WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 88'23'43 EAST, A DISTANCE OF 7.75 FEET; THENCE NORTH 1'47'26 EAST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, SUBJECT TO ALL PERTINENT MATERS OF RECORD. CONTAINING 0.003 ACRES, MORE OR LESS. SECTION 3. This miscellaneous petition is approved subject to strict compliance with the Exhibits attached hereto and made part hereof as follows: Exhibit 1. Sign Detail Drawing, by Sign Craft, last revised on March 14, 2008, and received and stamped by the City on December 11 , 2008. SECTION 4. This approval shall be consistent with all representations made by the Applicant or Applicant's agents at any workshop or public hearing. 2 Resolution 5, 2009 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 5. Any and all future amendments to the LA Fitness monument sign shall be approved by resolution of the City Council, except as otherwise provided in the City of Palm Beach Gardens Code of Ordinances. SECTION 6. This approval shall be subject to and consistent with all previous approvals, if any, except as modified herein. SECTION 7. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of ,2009. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney VOTE: AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR LEVY --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT --- COUNCILMEMBER PREMUROSO - - G:\attorney-share\RESOLUTlONSEOO9\Resolution 5 2009 - la fitness median sign.docx 3 d a,- - .A I I u t d .' , 4 cII J Y \ .\ I' s m p 4 .. F 0 m B 0 w VI 0 r v) 3 z 9 v) I z CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 15,2009 Ordinance 1,2009 SubjectlAgenda Item: First reading of Ordinance 1,2009, providing for the adoption of the official City seal and logo M Recommendation to APPROVE 11 Recommendation to DENY Review by: 34 Chy Attorney Submitted by: Stacy A. Rundle w Administrati Department b;'&r Originating Dept.: Administration Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Not required costs: $ (Total) $- Current FY Funding Source: [ ]Operating [ lother Budget Acct#: Council Action: [ Mproved w/ conditions [ ]Denied [ ] Continued to: Attachments: Ordinance 1,2009 Meeting Date: January 15, 2009 Ordinance 1,2009 BACKGROUND: At the December 18,2008 Council meeting, Council directed the Interim City Attorney to prepare an ordinance formally adopting the City’s seal and logo. Ordinance 1, 2009 amends Chapter 2 of the City’s Code of Ordinances to do so and provides descriptions and unlawful practices and penalties, and calls for registration with the Secretary of State in accordance with the laws of the State of Florida. In 2004 and 2005, the City created and trademarked the banyan tree logo and “A Signature City” slogan specifically for the City’s economic development and marketing programs. They are already protected by law and thus are not included in this Ordinance. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 1,2009 on first reading. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 1,2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION AT ARTICLE I, IN GENERAL BY ADOPTING AN PROVIDING FOR THE OFFICIAL ADOPTION OF A CITY SEAL; DESCRIBING THE CITY SEAL; PROVIDING THAT THE SAID CITY SEAL MAY ONLY BE UTILIZED FOR OFFICIAL CITY OF PALM BEACH GARDENS BUSINESS; FURTHER AMENDING CHAPTER ENTITLED “CITY LOGO”; PROVIDING FOR THE OFFICIAL ADOPTION OF A CITY LOGO; DESCRIBING THE CITY LOGO; PROVIDING THAT THE SAID CITY LOGO MAY ONLY BE UTILIZED FOR OFFICIAL CITY OF PALM BEACH GARDENS BUSINESS; PROVIDING THAT THE CITY COUNCIL MAY GRANT APPROVAL FOR THE USE OF THE LOGO FOR A PROPER PURPOSE; PROVIDING THAT THE CITY COUNCIL MAY ADOPT REASONABLE RULES FOR THE MANUFACTURE, USE, FACSIMILE, OR REPRODUCTION OF THIS LOGO; PROVIDING FOR PENALTIES; PROVIDING FOR REGISTRATION WITH THE SECRETARY OF THE STATE OF FLORIDA; PROVIDING THAT EACH AND EVERY OTHER PROVISION, SECTION, AND ARTICLE OF CHAPTER 2, ADMINISTRATION SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ENTIRELY NEW SECTION 2-2 TO BE ENTITLED “CITY SEAL”; 2, ADMINISTRATION BY ADOPTING A NEW SECTION 2-3 TO BE WHEREAS, the City Council of the City of Palm Beach Gardens, Florida desires to officially adopt a City seal to designate the City Clerk as the custodian of same, which shall be utilized by the City Clerk for official business of the City only; and WHEREAS, the City Council of the City of Palm Beach Gardens, Florida desires to adopt a City logo which would identify officially-sanctioned items, including documents, correspondence, awards, commendations, as well as miscellaneous articles utilized to publicize City events; and WHEREAS, the City Council of the City of Palm Beach Gardens desires to publicize the City’s logo such that the citizens may rely on this emblem to signify an item that has official City approval and support; and WHEREAS, the City Council believes that the official adoption of a City logo will create civic spirit and serve to unify the City in working toward the goals and objectives desired by the citizens who reside within the City of Palm Beach Gardens. Ordinance 1,2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. Chapter 2, Administration of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Article I, In General by adopting an entirely new Section 2-2 to be entitled “City Seal” which shall hereafter read as follows: Sec. 2-2. City Seal. (a) DescdDfion of Seal. The City seal of the City of Palm Beach Gardens consists of two concentric circles, one inside the other. Inside the slightly smaller circle with a black border, the predominant feature is a setting sun behind a cityscape, accented with two palm trees on a barrier island on the left side and a beach with palm fronds in the foreground, all below a blue sky with clouds depicted as a gradient from white to yellow. Between the inner and outer circles beginning at the 7 o’clock position and continuing clockwise around the circle in all black capital letters is the title “THE SEAL OF THE CITY OF PALM BEACH GARDENS”, with “1959” at the 6 o’clock position. A reasonable facsimile of the said logo is attached as Exhibit “A”. (b) AdoDfion of Seal. The seal described and depicted in paragraph (a) is hereby adopted as the official seal of the City of Palm Beach Gardens, Florida, a municipal corporation organized and existing in accordance with the laws of the State of Florida. (c) Unlawful Practices and Penalties. Any facsimile or reproduction of this seal shall only be manufactured, used, displayed, or otherwise employed for official City of Palm Beach Gardens business. The City Council may adopt reasonable rules for the manufacture or use of this seal, or any facsimile or reproduction thereof. This seal shall be registered with the Secretary of State in accordance with the laws of the State of Florida and shall be the sole property of the City of Palm Beach Gardens. Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor of the second degree and punished as provided by law. SECTION 2. Chapter 2, Administration of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Article I, In General by adopting an entirely new Section 2-3 to be entitled “City Logo” which shall hereafter read as follows: Sec. 23. City Logo. (a) DescMion of Loao. The City logo of the City of Palm Beach Gardens consists of a large shield outlined by a thin gold border with the shield bisected from top to bottom by a gold line of the same dimension as the border. The shield is further divided on the diagonal from 10 o’clock to 4 o’clock by a red bar containing five equally spaced five pointed gold stars. The top of the shield is adorned with a beige banner outlined in black, containing the title “City of Palm Beach Gardens Florida” in red letters. A top the banner is a sunburst, outlined in black with gold colored sun rays. Within the sunburst in black block numerals is the year “1959”, the year of the City’s incorporation. The 2 Ordinance 1,2009 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a 28 upper left quadrant of the shield depicts the black, green, and gold of the MacArthur clan plaid in honor of the City’s founder. The upper right quadrant depicts a beach scene with a single palm tree on the right with two gulls flying on the left with the royal blue ocean extending to a blue horizon painted with thin white clouds. The lower right quadrant depicts the City’s signature banyan tree, surrounded by dark green grass with a blue sky in the background to reflect the garden nature of the City. The lower left quadrant depicts a family of four with the father to the left rear, dressed in light blue trousers, a dark blue golf shirt, and a white golf hat, complete with golf bag and clubs, holding hands with the mother, wearing a white dress, on the right. The young son is depicted to the lower right dressed in sneakers, light blue shorts and a red and white striped shirt, holding a ball under his right arm. The young daughter is positioned to center left dressed in white sneakers, a red skirt with red highlights, and a red blouse, holding a female doll on her left in both arms. A reasonable facsimile of the said logo is attached as Exhibit “B”. (b) Adoption of LOCIO. The logo described and depicted in paragraph (a) is hereby adopted as the official logo of the City of Palm Beach Gardens, Florida, a municipal corporation organized and existing in accordance with the laws of the State of Florida. (c) Unlawful Practices and Penalties. Any facsimile or reproduction of this logo shall only be manufactured, used, displayed, or otherwise employed for official City of Palm Beach Gardens business or upon the written approval of the City Council of the City of Palm Beach Gardens, Florida. The City Council may grant approval for the use of the logo upon application by any person showing good cause for the use of the logo for proper civic purpose. The City Council may adopt reasonable rules for the manufacture or use of this logo, or any facsimile or reproduction thereof. This logo shall be registered with the Secretary of State in accordance with the laws of the State of Florida and shall be the sole property of the City of Palm Beach Gardens. Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor of the second degree and punished as provided by law. Secs. 2-2 - 2-35. [RESERVED]. SECTION 3. Each and every other section and subsection of Chapter 2, Administration of the Code of Ordinances of the City of Palm Beach Gardens shall remain in full force and effect as previously enacted. SECTION 4. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 5. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 6. Specific authority is hereby granted to codrfy this Ordinance. 3 Ordinance 1,2009 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 47 SECTION 7. This Ordinance shall take effect immediately upon passage. PASSED this day of ,2009, upon first reading. PASSED AND ADOPTED this day of , 2009, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor - David Levy, Vice Mayor FOR Joseph R. Russo, Councilmember Jody Bamett, Councilmember ~obert G. Premuroso, Councilmember- ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney 1 2009 Seal Logo.doc 4 AGAINST ABSENT Ordinance 1,2009 EXHIBIT “A” A 1 ~~ Ordinance 1,2009 EXHIBIT “B” I I P I I: 7 CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 15,2009 7:OO P.M. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso /I. PLEDGE OF ALLEGIANCE 'IL ROLLCALL WL ADDITIONS. DELETIONS, MODIFICATIONS: 'IV ANNOUNCEMENTS / PRESENTATIONS: .a. Certificate of Achievement for Excellence in Financial Reporting. 4. JPaee 5) Northern County Area Dispatch Consolidation. JV. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITI'EE REPORTS: /VI. CITYMANAGERREPORT: VIL COMMENTS FROM "HE PUBLIC: (For Items Not on the APenda. Dlease submit rcauest form to tb e Citv Clerk prior to this Item) VIIL CONSENT AGENDA a. JPaee 33) Approve Minutes fiom November 6, 2008 regular City Council meeting. I- C. d. fPacre 39) Approve Minutes fiom November 20, 2008 regular City Council meeting. lPaee 49) Approve Minutes fiom December 4, 2008 regular City Council meeting- [Page 56) Approve Minutes fiom December 18, 2008 regular City Council meeting. e. [Staff Report on Page 63, Resolution on Pwe 65) Resolution 6, 2009 - Agreement with Natural Resources Conservation Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a project Agreement with Natural Resources Conservation Services to provide financial assistance for repairs to the Bellewood Canal caused by Tropical Storm Fay; approving a work authorization and notice to proceed to Murray Logan Construction, Inc. for such repairs; providing an effective date and for other PW=- JPwe 98) Proclamation - Arbor Day f M. PUBLIC HEARINGS: Part I - Quasi-iudicial a. located on the South Boulevard approximately !4 mile East providing an effective date; and for other purposes. Part I1 - Non-Quasi-iudicial - b. JStaff Report on Pape 128, Ordinance on Page 130) romance 34, LUWU - (,““d reading and adoption) Fy 2009 Budget Amendment. Ordinance of the City pk Council of the City of Palm Beach Gardens, Florida a5nding the City of Palm Beach Gardens’ budget for the Fkcd Year beginning October 1,2008, and ending q-‘ September 30, 2009, inclusive; providing a conflicts clause, a severability clause fl’$ and authority to codifjr, providing an effective date; and for other purposes. X. RESOLUTIONS: b. {Staff ReDort on Pave 261, Resolution on Page 276iesolution 4, 2009 Miscellaneous petition for LA Fitness Plaza XResolution of the City Council of City of Palm Beach Gardens, FKda approving the LA Fitness Plaza Planned nit Development (PUD), fbmerly known as Shoppes on the Green, to update E commercial plaza’s exterior colors, materials, signage and landscaping, as described more particulady herein; providing for waivers; providing fnr conditions of approval; providhg an effective date; and for other purpow Median signage for L -J City Council of the City of Pah Beach Gardens, Mda approving the monument sign located in the median of the Fairway Drive Waf-way in the PGA National Planned Community Development (PCD), to be modified to r&ed the plaza’s name change fiom Shoppes on the Green to LA Fitness Plaza, as described more particularly herein; providing an e€&ctive date; and for other purposes. Fitness Plaza. A Resomuon @$ XI QQWNANCES: (For Consideration on First Reading) a new Section 2-3 to be entitled “City Logo”; providing for the official adoption of the City Logo, describing the City Logo; providing that the said City Logo may only be utilized for official City of Palm Beach Gatdens business; providing that Iprovidiq that the City Council may Xa ITEMSFORCOUNCIL AC”ION/DISCUSSION: XIIL ,CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision ma& by the City Gnincil with respect to any ma#er considered at this public hearing, such interested persons will need a record of thepmeedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with DisabiWes Act and Section 286.26, Florida Statutes, persons with disabilities needing special accontllLOdaa0 * ns in order to participate in this proceeding are entitled to thepmvision of certain assistance at no cost please call the City Clerk’s Ofice at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaid assistance, please call the Florida Reloy Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOrCE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 15,2009 7:OO P.M. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso 11. 111. Iv VII. VIII. yflo PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: a. b. ITEMS OF RESIDENT INTEREST AND BOARDXOMMITTEE REPORTS: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda. please submit reauest form to the Citv Clerk prior to this Item) CONSENT AGENDA: a. Certificate of Achievement for Excellence in Financial Reporting. /Pane 5) Northern County Area Dispatch Consolidation. pane 33) Approve Minutes from November 6, 2008 regular City Council meeting. page 39) Approve Minutes from November 20, 2008 regular City Council meeting. page 49) Approve Minutes from December 4, 2008 regular City Council meeting. page 56) Approve Minutes from December 18, 2008 regular City Council meeting. b. C. d. ‘P 3 e. {Staff Report on Pave 63, Resolution on Page 65) Resolution 6, 2009 - Agreement with Natural Resources Conservation Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a project Agreement with Natural Resources Conservation Services to provide financial assistance for repairs to the Bellewood Canal caused by Tropical Storm Fay; approving a work authorization and notice to proceed to Murray Logan Construction, Inc. for such repairs; providing an effective date and for other purposes. f. page 98) Proclamation - Arbor Day IX. PUBLIC HEARINGS: Part I - Quasi-iudicial a. {Staff Report on Page 99. Ordinance on PaPe 102) Ordinance 2, 2009 - (1st reading) Waterway Cafk. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning one (1) parcel of real property comprised of approximately one and 50/100 (1.5W-t acres, more or less, in size, fkom Residential Medium (RM) to General Commercial zoning district (CG-1); such parcel is located on the South side of PGA Boulevard approximately ?A mile East of Prosperity Farms Road, informally known as the ‘‘Waterway Cafk Parcel”, as described more particularly herein; providing revisions to the zoning district map; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Part I1 - Non-Quasi-iudicial a. JStaff Report on Page 117. Ordinance on Pane 119) Ordinance 33,2008 - (Znd reading and adoption) FY 2008 Budget Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning October 1,2007, and ending September 30, 2008, inclusive; providing a conflicts clause, a severability clause and authority to codify; providing an effective date; and for other purposes. gll6 5 -0 b. (Staff Report on Page 128. Ordinam ce on Pane 130) Ordinance 34,2008 - (2nd reading and adoption) FY 2009 Budget Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning October 1,2008, and ending September 30, 2009, inclusive; providing a conflicts clause, a severability clause and authority to codify; providing an effective date; and for other purposes. gi l7 q4 ’ ’7 X. RESOLUTIONS: a. g: 19 >’ -0 b. qlOY {Staff Report on Page 136. Resolution on Page 138) Resolution 3, 2009 - Contract Award to Harvard Jolly, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement for Design Criteria Professional Services with Harvard Jolly, Inc. for the construction of an Emergency Operations and Communications Center; providing an effective date; and for other purposes. {Staff Report on Pane 261. Resolution on Page 2761 Resolution 4, 2009 - Miscellaneous petition for LA Fitness Plaza. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the LA Fitness Plaza Planned Unit Development (PUD), formerly known as Shoppes on the Green, to update the commercial plaza’s exterior colors, materials, signage and landscaping, as described more particularly herein; providing for waivers; providing for conditions of approval; providing an effective date; and for other purposes. {Staff Report on Page 305. Resolution on Page 354) Resolution 5, 2009 - Median signage for LA Fitness Plaza. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the monument sign located in the median of the Fairway Drive right-of-way in the PGA National Planned Community Development (PCD), to be modified to reflect the plaza’s name change from Shoppes on the Green to LA Fitness Plaza, as described more particularly herein; providing an effective date; and for other purposes. XI ORDINANCES: (For Consideration on First Reading) a. JStaff Report on Page 358. Ordinance on Page 360) Ordinance 1, 2009 - Adopting the City Logo and official seal. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 2, Administration at Article I, in general by adopting an entirely new Section 2-2 to be entitled “City Seal”; providing for the official adoption of a City Seal; describing the City Seal; providing that the said City Seal may only be utilized for official City of Palm Beach Gardens business; further amending Chapter 2, Administration by adopting a new Section 2-3 to be entitled “City Logo”; providing for the official adoption of the City Logo; describing the City Logo; providing that the said City Logo may only be utilized for official City of Palm Beach Gardens business; providing that the City Council may grant approval for the use of the Logo for a proper purpose; providing that the City Council may adopt reasonable rules for the manufacture, use, facsimile, or reproduction of this Logo; providing for penalties; providing for registration with the Secretary of State of Florida; providing that each and every other Provision, Section, and Article of Chapter 2, Administration shall remain in full force and effect as previously enacted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. q:36 MI. ITEMS FOR COUNCIL ACTIONLDISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any mafter considered at this public hearing, such interestedpersons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Ofice at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received b! the City Clerk prior to the presentation to the Council. COMMENTS FROM THE PUBLIC Request to Address City Council - pa t&/ 3 \r ,if<, \ Please Prim Name: L.4 u-5 Address: \ \& fl (n/l+erac/\ 0 @,h 5 FC 33WR L& L +er- \ <a- City: UP4FR 4 Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: 39 7 R,uIers,& pra Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: ? Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: @-bo PnsTLblSur Address : a62 )CI&Y3 t/ f, I9 City: $&u, ,gg Subject: t- R Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print f, Name: Address: ’UL City: E. =75 9 * il during the “Comments by the Public” Council must be delivered to the City Clerk prior to the commencement of the meeting. The time COMMENTS FROM THE PUBLIC Request to Address City Council 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. tn Q) 0 W E 2 E d a a .CI 6 0 W U a z a 0 a 0 n c, a a s a Q) a n m" E c, i!! B 8 U 'C 3 Albert Charles Celotto Belovedly know as Bob and here at the City known as AB AB passed away on December 28,2008 following an acute illness. He served in the United States Army as a Specialist Third Class during peacetime. AB worked for the City for 10 years in our Community Services Department. He was Amy Stepper's helper for every art show helping to hang the beautiful art that comes to City Hall. He will be missed but will always be in our hearts. , I) n D 6 e 6 3 ll I z g? n J 5 3 P gs 1. F. hl - I I d I -; I I’ m $4 t ..” B pf a! c z A 8 I B 71 p n w s Y c a z R 8 6 P z k i P 0 p-.. . _. y ' ', I' i m , .. , ,i . ... B 6 P k z 'k 4 5 0 'A m c 0 f '1 < Fl I 07 .. - . '. ... ' : ... .. z .G 8 3 $ e. c m W ......... -. .. 23 0 w @ c P cs hl - I i I8 5. h R I 1 0 E* 8 9' r) 0 I - W < A ....... c- . 6 3 1 I 0 0 a E Y 0 m P 3 E s P dl 0 " a, c 0 'a s .. ....... . _. t * Rccg &,,Oq W * Md-?bCharles H. Bent 111 (?dm Play@* BY 3 187 B Gardens E Drive 4a-c ** Palm Beach Gardens FL 33410-5712 Jan 7 2009 Faxed & Certified Mail: 7008 1300 0002 0655 0540 City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, FL 334 10 RE: Spear Electric Permit 08-05-026958 issued: 10/30/08 City of Palm Beach Gardens Letter Dated .August 31, 2006 states: *- The City does not evaluate any individual units to JUSTIFY the need to pull Permits. It is the responsibility of the property owner or HOA to determine what repairs are desired or needed and applv for the appropriate permits. 1. Please state who filled out the Spear Electric application dated April 14,2008 and submitted it to the City of Palm Beach Gardens? Sandalwood HOA or the OWNERS, Bent, Paulauskas, Buttigieg? * letters to unit owners from City sent : July 15,2008 2. If Sandalwood HOA, please supply Authorization Letter from HOA to City. 3. Please state whose address is 4300 S. U.S. Hwy One Ste 203-17, Jupiter Florida 33477? As shown on Spear Electric Permit. OS 05-026958 issued 10/30/08 City of Palm Beach Gardens Letter also states: Afer thepermit application is submitted the City will determine if the permit request meets the applicable building codes. I 4. Please submit whatever electrical contracts, plans, wire sizes , breaker sizes, scope of work, etc Spear Electric submitted to the plans dept that was used to determine the valid approval for the Spear Permit. Did submissions meet all applicable regulations in effect at the time the initial permit became null and void. And any regulations which may be become effective betyeen the date of expiration and the date of issuance of the new permit? 105.4.1.2. 5. Please supply a copy of the recorded NOTICE OF COMMENCEMENT required by law. (Original permit showed $2500 for job) If contractor states job is less, did we get price gouged during Hurricane? Due money back 6. Why did the City allow Spear Electric to again get away with 248 violations of F.S. 489.1425. required By law & DUTY of the contractor regardless of the Cost of the job. As stated on Kilian’s Permit 2005 the cost was $2500. As stated in July 15,2008 Letter by City of Palm Beach Gardens, “You should also be aware, however, that once the contractors begin work, they could encounter site conditions extraneous to the re issuedpermits which would require additional work in order for the City to issue final approvals. It is possible that the cost of the completing such additional work would be the property owners responsibility” evidence all the more that F.S. 489.1425 should have been enforced. 7. If the City and Spear Electric openly admit that this Electrical contractor did not complete the work he states he began in 2005 -2006 and to date the Sandalwood townhome owners still have outstanding electrical permit work to be finaled, How legal was it for him to blatantly sue the same Association for over $140K and collect the check and cash it with the permits still OPEN on the job he abandoned? Would this not be a blatant criminal violation? This is a serious matter and a blatant violation of my rights as a U.S. Citizen, Vietnam veteran, taxpayer and homeowner. Sincerely Charles H. Bent I11 Suzanne E. Archer P.O.A. Charles H. Bent I11 3 187 B Gardens E Drive Palm Beach Gardens FL 33410-5712 Jan 7 2009 Faxed & Certified Mail: 7008 1300 0002 0655 0540 City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, FL 33410 RE: Spear Electric Permit 08-05-026958 issued: 10/30/08 City of Palm Beach Gardens Letter Dated:.August 31, 2006 states: ‘. The City does not evaluate any individual units to JUSTIFY the need to pull Permits. It is the responsibility of the property owner or HOA to determine what repairs are desired or needed and apply for the appropriate permits. 1. Please state who filled out the Spear Electric application dated April 14,2008 and submitted it to the City of Palm Beach Gardens? Sandalwood HOA or the OWNERS , Bent, Paulauskas, Buttigieg? * letters to unit owners .from City sent : July 15,2008 2. If Sandalwood HOA, please supply Authorization Letter from HOA to City. 3. Please state whose address is 4300 S. U.S. Hwy One Ste 203-17, Jupiter Florida 33477? As shown on Spear Electric Permit. 08 05-026958 issued 10/30/08 City of Palm Beach Gardens Letter also states: After thepermit applicalion is submitted the City will determine if the permit request meets the applicable building codes. Y 4. Please submit whatever electrical contracts, plans, wire sizes , breaker sizes, scope of work, etc Spear Electric submitted to the plans dept that was used to determine the valid approval for the Spear Permit. Did submissions meet all applicable regulations in effect at the time the initial permit became null and void. And any regulations which may be become effective betyeen the date of expiration and the date of issuance of the new permit? 105.4.1.2. 5. Please supply a copy of the recorded NOTICE OF COMMENCEMENT required by law. (Original permit showed $2500 for job) If contractor states job is less, did we get price gouged during Hurricane? Due money back 6. Why did the City allow Spear Electric to again get away with 248 violations of F.S. 489.1425. required By law & DUTY of the contractor regardless of the Cost of the job. As stated on Kilian’s Permit 2005 the cost was $2500. As stated in July 15,2008 Letter by City of Palm Beach Gardens, “You should also be aware, however, that once the contractors begin work, they could encounter site conditions extraneous lo lhe re issuedpermits which would require additional work in order for the City to issue final approvals. It is possible that the cost of the completing such additional work would be the properly owners responsibility ” evidence all the more that F.S. 489.1425 should have been enforced. 7. If the City and Spear Electric openly admit that this Electrical contractor did not complete the work he states he began in 2005 -2006 and to date the Sandalwood townhome owners still have outstanding electrical permit work to be finaled, How legal was it for him to blatantly sue the same Association for over $140K and collect the check and cash it with the permits still OPEN on the job he abandoned? Would this not be a blatant criminal violation? This is a serious matter and a blatant violation of my rights as a U.S. Citizen, Vietnam veteran, taxpayer and homeowner. I Sincerely Charles H. Bent I11 Suzanne E. Archer P.O.A. i Jan 7 2009 Charles H. Bent I11 3 187 B Gardens E Drive Palm Beach Gardens FL 33410-5712 Faxed & Certified Mail: 7008 1300 0002 0655 0540 City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, FL 33410 RE: Spear Electric Permit 08-05-026958 issued: 10/30/08 City of Palm Beach Gardens Letter Dated;August 31, 2006 states: The Cily does not evaluate any individual units to JUSTIFY the need to pull Permits. It is the responsibility of the property owner or HOA to determine what repairs are desired or needed and apply for the appropriate permits. 1. Please state who filled out the Spear Electric application dated April 14,2008 and submitted it to the City of Palm Beach Gardens? Sandalwood HOA or the OWNERS , Bent, Paulauskas, Buttigieg? *. * letters to unit owners .from City sent : July 15,2008 2. If Sandalwood HOA, please supply Authorization Letter from HOA to City. 3. Please state whose address is 4300 S. U.S. Hwy One Ste 203-17, Jupiter Florida 33477? As shown on Spear Electric Permit. 08 05-026958 issued 10/30/08 City of Palm Beach Gardens Letter also states: Ajter the permit application is submitted the City will determine if the permit request meets the applicable building codes. 1 4. Please submit whatever electrical contracts, plans, wire sizes , breaker sizes, scope of work, etc Spear Electric submitted to the plans dept that was used to determine the valid approval for the Spear Permit. Did submissions meet all applicable regulations in effect at the time the initial permit became null and void. And any regulations which may be become effective betyeen the date of expiration and the date of issuance of the new permit? 105.4.1.2. 5. Please supply a copy of the recorded NOTICE OF COMMENCEMENT required by law. (Original permit showed $2500 for job) If contractor states job is less, did we get price gouged during Hurricane? Due money back 6. Why did the City allow Spear Electric to again get away with 248 violations of F.S. 489.1425. required By law & DUTY of the contractor regardless of the Cost of the job. As stated on Kilian’s Permit 2005 the cost was $2500. As stated in July 15,2008 Letter by City of Palm Beach Gardens, “You should also be aware, however, that once the contractors begin work, they could encounter site conditions extraneous to the re issuedpermits which would require additional work in order for the City to issue final approvals. It is possible that the cost of the completing such additional work would be the property owners responsib jlity ” evidence all the more that F.S. 489.1425 should have been enforced. 7. If the City and Spear Electric openly admit that this Electrical contractor did not complete the work he states he began in 2005 -2006 and to date the Sandalwood townhome owners still have outstanding electrical permit work to be finaled, How legal was it for him to blatantly sue the same Association for over $140K and collect the check and cash it with the permits still OPEN on the job he abandoned? Would this not be a blatant criminal violation? This is a serious matter and a blatant violation of my rights as a U.S. Citizen, Vietnam veteran, taxpayer and homeowner. Sincerely Charles H. Bent 111 Suzanne E. Archer P.O.A. I Charles H. Bent I11 3 187 B Gardens E Drive Palm Beach Gardens FL 33410-5712 Jan 7 2009 Faxed & Certified Mail: 7008 1300 0002 0655 0540 City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, FL 334 10 RE: Spear Electric Permit 08-05-026958 issued: 10/30/08 City of Palm Beach Gardens Letter Dated;August 31, 2006 states: The City does not evaluate any individual units to JUSTIFY the need to pull Permits. It is the responsibility of the property owner or HOA to determine what repairs are desired or needed and apply for the appropriate permits. 1. Please state who filled out the Spear Electric application dated April 14,2008 and submitted it to the City of Palm Beach Gardens? Sandalwood HOA or the OWNERS, Bent, Paulauskas, Buttigieg? ** - * letters to unit owners .from City sent : July 15,2008 2. If Sandalwood HOA, please supply Authorization Letter from HOA to City. 3. Please state whose address is 4300 S. U.S. Hwy One Ste 203-17, Jupiter Florida 33477? As shown on Spear Electric Permit. OS 05-026958 issued 10/30/08 City of Palm Beach Gardens Letter also states: Afer thepermit application is submitted the City will determine ifthe permit request meets the applicable building codes. k 4. Please submit whatever electrical contracts, plans, wire sizes , breaker sizes, scope of work, etc Spear Electric submitted to the plans dept that was used to determine the valid approval for the Spear Permit. Did submissions meet all applicable regulations in effect at the time the initial permit became null and void. And any regulations which may be become effective betyeen the date of expiration and the date of issuance of the new permit? 105.4.1.2. 5. Please supply a copy of the recorded NOTICE OF COMMENCEMENT required by law. (Original permit showed $2500 for job) If contractor states job is less, did we get price gouged during Hurricane? Due money back 6. Why did the City allow Spear Electric to again get away with 248 violations of F.S. 489.1425. required By law & DUTY of the contractor regardless of the Cost of the job. As stated on Kilian’s Permit 2005 the cost was $2500. As stated in July 15,2008 Letter by City of Palm Beach Gardens, “You should also be aware, however, that once the contractors begin work, they could encounter site conditions extraneous io ihe re issuedpermits which would require additional work in order for the City to issuejnal approvals. It is possible that the cost of the completing such additional work would be the property owners responsibility” evidence all the more that F.S. 489.1425 should have been enforced. 7. If the City and Spear Electric openly admit that this Electrical contractor did not complete the work he states he began in 2005 -2006 and to date the Sandalwood townhome owners still have outstanding electrical permit work to be finaled, How legal was it for him to blatantly sue the same Association for over $140K and collect the check and cash it with the permits still OPEN on the job he abandoned? Would this not be a blatant criminal violation? This is a serious matter and a blatant violation of my rights as a U.S. Citizen, Vietnam veteran, taxpayer and homeowner. Sincerely Charles H. Bent 111 Suzanne E. Archer P.O.A. Charles H. Bent I11 3 187 B Gardens E Drive Palm Beach Gardens FL 334 10-57 12 Jan 7 2009 Faxed & Certified Mail: 7008 1300 0002 0655 0540 City of Palm Beach Gardens 10500 N Military Trail Pgm Beach Gardens, FL 33410 RE: Spear Electric Permit 08-05-026958 issued: 10/30/08 City of Palm Beach Gardens Letter Dated:?August 31, 2006 states: *. The City does not evaluate any individual units to JUSTIFY the need to pull Permits. It is the responsibility of the property owner or HOA to determine what repairs are desired or needed and apply for the appropriate permits. 1. Please state who filled out the Spear Electric application dated April 14,2008 and submitted it to the City of Palm Beach Gardens? Sandalwood HOA or the OWNERS, Bent, Paulauskas, Buttigieg? * letters to unit owners .from City sent : July 15,2008 2. If Sandalwood HOA, please supply Authorization Letter from HOA to City. 3. Please state whose address is 4300 S. U.S. Hwy One Ste 203-17, Jupiter Florida 33477? As shown on Spear Electric Permit. 08 05-026958 issued 10/30/08 City of Palm Beach Gardens Letter also states: Afer thepermit application is submitted the City will determine if the permit request meets the applicable building codes. il 4. Please submit whatever electrical contracts, plans, wire sizes , breaker sizes, scope of work, etc Spear Electric submitted to the plans dept that was used to determine the valid approval for the Spear Permit. Did submissions meet all applicable regulations in effect at the time the initial permit became null and void. And any regulations which may be become effective betyeen the date of expiration and the date of issuance of the new permit? 105.4.1.2. 5. Please supply a copy of the recorded NOTICE OF COMMENCEMENT required by law. (Original permit showed $2500 for job) If contractor states job is less, did we get price gouged during Hurricane? Due money back 6. Why did the City allow Spear Electric to again get away with 248 violations of F.S. 489.1425. required By law 8z DUTY of the contractor regardless of the Cost of the job. As stated on Kilian’s Permit 2005 the cost was $2500. As stated in July 15,2008 Letter by City of Palm Beach Gardens, “You should also be aware, however, lhat once the contractors begin work, they could encounter site conditions extraneous to the re issuedpermits which would require additional work in order for the City to issue final approvals. It is possible that the cost of the completing such additional work would be the property owners responsibility” evidence all the more that F.S. 489.1425 should have been enforced. 7. If the City and Spear Electric openly admit that this Electrical contractor did not complete the work he states he began in 2005 -2006 and to date the Sandalwood townhome owners still have outstanding electrical permit work to be finaled, How legal was it for him to blatantly sue the same Association for over $140K and collect the check and cash it with the permits still OPEN on the job he abandoned? Would this not be a blatant criminal violation? This is a serious matter and a blatant violation of my rights as a U.S. Citizen, Vietnam veteran, taxpayer and homeowner. Sincerely Charles H. Bent 111 Suzanne E. Archer P.O.A. Jan 7 2009 Charles H. Bent I11 3 187 B Gardens E Drive Palm Beach Gardens FL 33410-5712 Faxed & Certified Mail: 7008 1300 0002 0655 0540 City of Palm Beach Gardens 10500 N Military Trail Pam Beach Gardens, FL 33410 RE: Spear Electric Permit 08-05-026958 issued: 10/30/08 City of Palm Beach Gardens Letter Dated:+August 31, 2006 states: The City does not evaluate any individual units to JUSTIFY the need to pull Permits. It is the responsibility of the property owner or HOA to determine what repairs are desired or needed and apply for the appropriate permits. 1. Please state who filled out the Spear Electric application dated April 14,2008 and submitted it to the City of Palm Beach Gardens? Sandalwood HOA or the OWNERS, Bent, Paulauskas, Buttigieg? ‘. * letters to unit owners from City sent : July 15,2008 2. If Sandalwood HOA, please supply Authorization Letter from HOA to City. 3. Please state whose address is 4300 S. U.S. Hwy One Ste 203-17, Jupiter Florida 33477? As shown on Spear Electric Permit. 08 05-026958 issued 10/30/08 City of Palm Beach Gardens Letter also states: Afer the permit application is submitted the City will determine ifthe permit request meets the applicable building codes. 1 4. Please submit whatever electrical contracts, plans, wire sizes , breaker sizes, scope of work, etc Spear Electric submitted to the plans dept that was used to determine the valid approval for the Spear Permit. Did submissions meet all applicable regulations in effect at the time the initial permit became null and void. And any regulations which may be become effective betyeen the date of expiration and the date of issuance of the new permit? 105.4.1.2. 5. Please supply a copy of the recorded NOTICE OF COMMENCEMENT required by law. (Original permit showed $2500 for job) If contractor states job is less, did we get price gouged during Hurricane? Due money back 6. Why did the City allow Spear Electric to again get away with 248 violations of F.S. 489.1425. required By law & DUTY of the contractor regardless of the Cost of the job. As stated on Kilian’s Permit 2005 the cost was $2500. As stated in July 15,2008 Letter by City of Palm Beach Gardens, “You should also be aware, however, that once the contractors begin work, they could encounter site conditions extraneous to the re issuedpermits which would require additional work in order for the City to issuejnal approvals. It is possible that the cost of the completing such additional work would be the property owners responsibility ” evidence all the more that F.S. 489.1425 should have been enforced. 7. If the City and Spear Electric openly admit that this Electrical contractor did not complete the work he states he began in 2005 -2006 and to date the Sandalwood townhome owners still have outstanding electrical permit work to be finaled, How legal was it for him to blatantly sue the same Association for over $140K and collect the check and cash it with the permits still OPEN on the job he abandoned? Would this not be a blatant criminal violation? This is a serious matter and a blatant violation of my rights as a U.S. Citizen, Vietnam veteran, taxpayer and homeowner. Sincerely Charles H. Bent I11 Suzanne E. Archer P.O.A. PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day !s now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products,· and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our Community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, ], Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim January 16, 2009 as: ARBOR DAY in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this IS"' day of January in the Year Two Thousand and Nine. A