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HomeMy WebLinkAboutAgenda Council Agenda 020509 CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 5, 2009 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. Mayor’s Veterans Golf Tournament Check Presentation. b. Palm Beach Gardens Predator Soccer Team. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: a. Highwaymen Sponsors. b. (Page 6) Update on the City’s 50th Anniversary and recommendations for placement of the MacArthur Statue. VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Staff Report on Page 8, Resolution on Page 11) Resolution 8, 2009 – Utility Easement - A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a Utility Easement and License from Northlake Boulevard, LLC, for the purpose of allowing the City to install traffic signal mast arms at the intersection of Northlake Boulevard and Hiatt Drive/Alister Boulevard; providing an effective date; and for other purposes. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 19, Ordinance on Page 22) Ordinance 2, 2009 - (2nd reading and adoption) 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. b. (Staff Report on Page 37, Ordinance on Page 47) Ordinance 7, 2009 – (1st reading) – Rezoning of the Northlake Congress Commercial Center property. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a certain parcel of real property comprising approximately one and 37/100 (1.37) acres, more or less, in size; such parcel being located on the North side of Northlake Boulevard approximately one mile East of I-95 at the intersection of Northlake Boulevard and Congress Avenue, informally known as the Northlake Congress Commercial Center, as more particularly described herein, from Residential Medium (RM) to Commercial General (CG1) zoning district; revising the City zoning district map accordingly; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. c. (Staff Report on Page 52, Ordinance on Page 66) Ordinance 8, 2009 – (1st reading) - Rezoning of the Loxahatchee Slough properties. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning fourteen (14) parcels of real property comprising approximately two thousand twenty-four (2,024) acres, more or less, in size; such parcels of land are located within the Loxahatchee Slough and Sandhill Crane natural areas which include three locations generally located West of the Florida Turnpike and/or North of Northlake Boulevard, as more particularly described herein, from Planned Development Area (PDA) to Conservation (CONS) zoning district; the City zoning district map shall be revised accordingly; 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 83, Ordinance on Page 85) Ordinance 1, 2009 – (2nd reading and adoption) 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 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 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. b. (Staff Report on Page 93, Ordinance on Page 130, Resolution on Page 137) Ordinance 9, 2009 – (1st reading) - Gardens Medical Center. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 35, 2000, which approved the Palm Beach Gardens Medical Center Planned Unit Development (PUD) in order to amend the conditional use approval, site plan approval, and related conditions; providing that future amendments to the PUD may be made by Resolution of the City Council; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Resolution 11, 2009 is a companion item to Ordinance 9, 2009 and will require council action at second reading. Resolution 11, 2009 – Gardens Medical Center. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the development plans for the Gardens Medical Center Planned Unit Development (PUD), generally located on the Southeast corner of Burns Road and Gardens East Drive, as more particularly described herein; providing waivers; providing conditions of approval; providing an effective date; and for other purposes. X. RESOLUTION a. (Staff Report on Page 163, Resolution on Page 166) Resolution 9, 2009 - Contract Award – A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract award to The Signal Group, Inc. for traffic signal improvements at Northlake Boulevard and Hiatt Drive/Alister Boulevard in the amount of $227,491.45 via an existing Agreement with St. Lucie County (No. 07-059); providing an effective date; and for other purposes. b. (Staff Report on Page 225, Resolution on Page 228) Resolution 10, 2009 - Contract Award – A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract award to The Signal Group, Inc. for traffic signal improvements at Gardens Parkway and Fairchild Gardens Avenue/San Cristobal Gardens Avenue in the amount of $287,153.52 via an existing contract with St. Lucie County (No. 07-059); providing an effective date; and for other purposes. c. (Staff Report on Page 287, Resolution on Page 290) Resolution 12, 2009 - Collective Bargaining Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving and ratifying a Collective Bargaining Agreement with the Professional Firefighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc. employed by the City’s Fire Rescue Department for Fiscal Years 2008-2009, 2009-2010, and 2010-2011; authorizing the Mayor to execute the agreement; providing an effective date; and for other purposes. d. (Staff Report on Page 427, Resolution on Page 429) Resolution 16, 2009 - Rental Car Surcharge Tax. A Resolution of the City Council of the City of Palm Beach Gardens, Florida supporting the reallocation of the $2 local option surcharge on the lease or rental of motor vehicles to the South Florida Regional Transportation Authority; providing an effective date; and for other purposes. XI ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 431, Ordinance on Page 433) Ordinance 4, 2009 – (1st reading). Red Light Intersection cameras. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 70, Traffic and Vehicles by adopting an entirely new Article VI to be entitled “Dangerous Intersection Safety”; providing for recorded-image monitoring, definitions, an introductory period, review of recorded images, notices, hearing, non-responsibility provisions, enforcement, and penalties related to a violation of this article, also known as a “Red-Zone Infraction”; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. b. (Staff Report on Page 443, Ordinance on Page 445) Ordinance 5, 2009 - (1st reading) Boards and Committees. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 2, Administration at Article III, Boards and Committees in order to amend the composition of the City’s Boards and Committees and to revise the attendance policy and the appointment procedures for same; providing that each and every other Section and Sub-section of Chapter 2, Administration shall remain the same as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. c. (Staff Report on Page 455, Ordinance on Page 480) Ordinance 11, 2009 – (1st reading) Studio uses in M1A Light Industrial District. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78, Land Development at Section 78-159 entitled “Permitted Uses, Minor, and Major Conditional Uses, and Prohibited Uses" in order to provide for studio uses as Minor Conditional Uses within the M-1A light industrial district; providing that each and every other Section and Sub-section of Chapter 78, Land Development shall remain the same as previously adopted; 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. The Winter Music Festival Celebrating 50 years in the City of Palm Beach Gardens January 26, 2009 Background: The grant agreement with the MacArthur Foundation provides funding for a “Winter Music Festival”. At the request of City Council we discussed with the Foundation the possibility of altering the delivery method of the event from the original proposal to a one day festival in late November or early December. We have been given the ability to produce the event in this manner as long as we stay consistent with the essence of the original proposal. For the City to successfully comply with the requirements of the agreement, the event needs to be produced utilizing following criteria: The event is a public art and cultural event Local and national artists perform The activities and events appeal to a diverse community The funds are utilized for the intended purpose in 2009 Concept: In keeping with the essence of the information submitted to and referenced in the grant agreement with the MacArthur Foundation, The Winter Music Festival can be a one-day event in November. Proposed Date: Saturday, daytime event, noon to 8 PM (max) Location: City Property: Burns Road Community Recreation Campus and Gardens Park/City Hall. Music: Multiple stages showcasing music and activities that reach diverse age groups. Other Activities: Historical based programs, food venues, arts & crafts Attendees: PBG residents and business owners gain access to the event for free. Non-residents will purchase tickets in advance. Event Approach: The event can be broken into three operational categories; production, logistics, and historical prospective. Production: The intent of the funding was for “local and national” artists to perform. To accomplish this, we intend to enter into an agreement with a Promoter who will be tasked with the responsibility of securing entertainment and providing the necessary staging/sound/seating for each performance. Logistics: City staff would bear the responsibility for site safety, security, parking, and public conveniences. The direct costs associated with this operational category can be borne by the grant funds. Historical Prospective: To promote community interaction, historical perspective, and to provide activities of historical relevance, it is suggested that a community group be enlisted to provide the organization and volunteer support for this activity. The direct c osts involved with this operational category do not meet the essence of the grant so additional sponsor funding would need to be secured. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5,2009 Resolution 8,2009 SubjecVAgenda Item: Acceptance of a Utility Easement and License Agreement from Northlake Boulevard, LLC, for the purpose of allowing the City to install traffic signal mast arms at the entrance to the Gables Community on Northlake Boulevard. [ X ] Recommendation to APPROVE 5 ] Recommendation to DENY Operations Approved by: / Originating Dept.: Todd Engle Director Community Services Department Advertised: Date: Paper: [ X ] Not Required Affected parties [ X ] Notified [ ] Not required costs: $o.oo (Total) $o.oo Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: NIA Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: 0 Location Map Resolution 8, 2009 o Exhibit A: Agreement [ ]None Meeting Date: February 5, 2009 Resolution 8,2009 BACKGROUND: Per Resolution 94, 2005, the Gables Planned Community Development (PCD) is required to pay its pro rata share (currently rated at 100%) to the City for the installation of a traffic signal at the intersection of Northlake Boulevard and Hiatt Drive/Alister Boulevard, which is located just west of the Florida Turnpike overpass. The Gables PCD (aka/Montecito) entrance is located at this intersection. The Northlake Boulevard, LLC, who represents the Gables PCD, provided funding to the City for the installation of the traffic signal in the amount of $451,000.00, which was approved through an Escrow Agreement dated February 19, 2008. The Northlake Boulevard, LLC, has also granted to the City the attached Utility Easement and License Agreement for the purpose of installing the signal. If approved, the project is anticipated to commence in February, 2009, and be complete by May, 2009. STAFF RECOMMENDATION: Approve Resolution 8,2009 as presented. LOCATION MAP c x 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 2% 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 8,2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ACCEPTING A UTILITY EASEMENT AND LICENSE FROM NORTHLAKE BOULEVARD, LLC, FOR THE PURPOSE OF ALLOWING THE CITY TO INSTALL TRAFFIC SIGNAL MAST ARMS AT THE INTERSECTION OF NORTHLAKE BOULEVARD AND HIATT DRIVEIALISTER BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Northlake Boulevard, LLC, wishes to grant the City a Utility Easement and License to allow the City to install traffic signal mast arms and related appurtenances at the entrance of the Gables Community; and WHEREAS, the City is willing to accept such Utility Easement and License for the purpose of installing traffic signal mast arms and related appurtenances in front of the entrance to the Gables Community on Northlake Boulevard; and WHEREAS, the City Council of the City of Palm Beach Gardens deems approval of this Resolution to be 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. The City Council hereby accepts the Utility Easement and License Agreement, attached hereto and incorporated herein as Exhibit “A”, from the Northlake Boulevard, LLC for the purpose of installing traffic signal mast arms and related appurtenances in front of the entrance to the Gables Community. The City accepts the Utility Easement and License Agreement for public use and for no other purpose. SECTION 3. This Resolution shall become effective immediately upon adoption. ~ 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 47 Resolution 8, 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 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\2009\Resolution 8 2009 - gables utility easement.docx 2 Resolution 8, 2009 EXHIBIT “A” c i Prepared by and Return to: Robert A. Rosillo, Esq. Assistant City Attorney City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 UTILITY EASEMENT AND LICENSE AGREEMENT THIS UTILITY EASEMENT and LICENSE Agreement is given this /&day of , 2008, by NORTHLAKE BOULEVARD, LLC, ("Grantor"), whose address is 225 NE Mizner Blvd., Suite 400, Boca Raton, Florida 33432, to the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 ("City"). As used herein, the term Grantor shall include any and all heirs, successors, or assigns of the Grantor and all subsequent owners of the "Property" (as hereinafter defined), and the term City shall include any successor or assignee of the City. WITNESSETH WHEREAS, the Grantor is the owner of certain lands ("Property") situated in Palm Beach County, Florida and more specifically described below: BEING A PARCEL OF LAND FOR UTILITY EASEMENT PURPOSES, LYING OVER, I" SHOWN ON THE PLAT OF GABLES AT NORTHLAKE REPLAT NO. I, AS RECORDED IN PLAT BOOK 100, PAGE 187, PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA; SAID EASEMENT LYING IN SECTION 22, TOWNSHIP 42 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: UNDER, AND ACROSS A PORTION OF TRACTS "A-I ", "6-1 ", "E-I ", "F-I ", AND "G- BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT "B-I"; PROCEED SOUTH 88'32'41'' EAST, ALONG THE NORTH LINE OF SAID TRACT "6-1" AND TRACT "A-I", A DISTANCE OF 132.22 FEET; THENCE NORTH 39'47'50" EAST, ALONG THE NORTH LINE OF SAID TRACT "A-I", A DISTANCE OF 4.46 FEET; THENCE SOUTH 88'32'41'' EAST ALONG THE NORTH LINE OF SAID TRACTS "A-I" AND "F-I", A DISTANCE OF 10.80 FEET; THENCE SOUTH 00'00'00'' WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 15.19 FEET; THENCE SOUTH 85'39'42" WEST, A DISTANCE OF 77.1 3 FEET; THENCE SOUTH 00'00'00'' WEST, A DISTANCE OF 9.01 FEET; THENCE NORTH 90"OO'OO" WEST, A DISTANCE OF 46.67 FEET; THENCE NORTH 63'49'17" WEST, A DISTANCE OF 28.70 FEET; THENCE NORTH 01'27'19" EAST, A DISTANCE OF 17.65 FEET TO A POINT ON SAID NORTH LINE, A DISTANCE OF 3.06 FEET TO THE POINT OF BEGINNING. THE NORTH LINE OF SAID TRACT "E-I "; THENCE SOUTH 88'32'41'' EAST, ALONG SAID EASEMENT CONTAINING 0.074 ACRES, MORE OR LESS. Sketches of said Utility Easement are attached hereto and incorporated herein as Ex hi bit "A. " WHEREAS, the Grantor desires to grant a Utility Easement and License to the City for the Property for the purpose of allowing the City to install traffic signal mast arms and related appurtenances at the entrance to the Gables Community; and WHEREAS, the City is willing to accept such Utility Easement and License and for the purpose of installing traffic signal mast arms and related appurtenances in front of the entrance to the Gables Community; and NOW, THEREFORE, in consideration of and as an inducement to the City, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the Grantor hereby grants, creates, and establishes a Utility Easement and License in favor of the City on the terms and conditions in this Agreement, upon, over, and under the Property, which shall run with the land and be binding upon the Grantor and shall remain in full force and effect forever. The Grantor hereby covenants with the City that the Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Utility Easement and License; that Grantor has good right and lawful authority to convey this Utility Easement and License; and that it hereby fully warrants and defends the title to the Utility Easement and License hereby conveyed against the lawful claims of all persons whomsoever. (The remainder of this page left intentionally blank) 2 i' IN WITNESS WHEREOF, the Grantor has hereunto set its authorized hand this /@ day of &* , 2008. WITNESS: G RANT0 R: ATTESTS: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by yM/b $&?,4/6( JE% as President of Montecito Master Association, Inc. and A.A/mnl as Secretary, and they are personally known to me, or have produced a driver's license as identification, and execufed this Agreement for the purposes stated therein. WITNESS my hand and official seal this /@&day of &@E/ ,2008. My Commission Expires: G:\attorney-share\AGREEMENTS\EASEMENT AGREEMENT- Gables HOA 1 1 1908 jg.docx 3 LEGAL DESCRIPTION: UTILITY EASEMENT BEING A PARCEL OF LAND FOR UTILITY EASEMENT PURPOSES, LYING OVER, UNDER, AND PLAT OF GABLES AT NORTHLAKE REPLAT NO. 1, AS RECORDED IN PLAT BOOK 100, PAGE 187, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID EASEMENT LYING IN SECTION 22, TOWNSHIP 42 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ACROSS A PORTION OF TRACTS “A-1”, “B-l”, “E-1”, ‘F-1”, AND “G-1” AS SHOWN ON THE BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT “B-1”; EAST, ALONG THE NORTH LINE OF SAID TRACT ‘8-1” AND TRACT “A-1”, A DISTANCE OF “A-l”, A DISTANCE OF 4.46 FEET; OF SAID TRACTS “A-1” AND ‘F-1”, A DISTANCE OF 10.80 FEET; THENCE SOUTH 00’00’00” PROCEED SOUTH 88’32’41” 132.22 FEET; THENCE NORTH 39’47’50” EAST, ALONG THE NORTH LINE OF SAID TRACT THENCE SOUTH 88’32’41” EAST, ALONG THE NORTH LINE WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 15.19 FEET; THENCE SOUTH 85’39’42” WEST, A DISTANCE OF 77.13 FEET; THENCE SOUTH 00’00’00” WEST, A DISTANCE OF 9.01 FEET; THENCE NORTH 90’00’00” WEST, A DISTANCE OF 46.67 FEET; THENCE NORTH 63’49’17” WEST, A DISTANCE OF 28.70 FEET; THENCE NORTH 01’27’19” EAST, A DISTANCE 88’32’41” EAST, ALONG SAID NORTH LINE, A DISTANCE OF 3.06 FEET TO THE POINT OF BEGINNING. OF 17.65 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT “E-1 ‘I; THENCE SOUTH SAID EASEMENT CONTAINING 0.074 ACRES, MORE OR LESS. BEARING BASE: AT NORTHLAKE REPLAT NO. 1, AS RECORDED IN PLAT BOOK 100, PAGE 187, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, IS TAKEN TO BEAR SOUTH 88’32’41’’ EAST, AND ALL OTHER BEARINGS SHOWN ARE RELATIVE THERETO. THE NORTH LINE OF TRACTS ”A-1” AND ”6-l”, AS SHOWN ON THE PLAT OF GABLES THIS IS NOT A SURVEY @ 2008 Boyle Engineering SU RVEYOR‘AND M&PPEFfS SIGNATU RE 1. UNLESS IT &&S.TtE~REAEfD ORIGINAL RUSE0 !XM OF THIS L(Ap/REPoRT Is PROJECT NAME: SKETCH AND DESCRIPTION FOR: N 0 RTH LAKE/H l All INTERS ECTlO N IMPROVEMENTS (UTILITY EASEMENT) STATE OF NO. 5065 - REVISIONS: Scale: N/A Sheet 1 OF2 Field Book N/A I Page: N/A Field: N/A FILE NO. Project No. 172271g101 1 17227 NORTHLAKE BOULEVARD Sheet 2OF2 Computed: CHK Checked: CHK NORTH LINE OF (BEARING BASE) NORM LINE OF TRACT "E-1" TRACT "B-1" & "A-1" , S8832'41 "E 3.06' I Field Book N/A Page: N/A Field: N/A Date FILE NO. Project No. 1 1 /12/08 172271glOl 17227 POINT OF BEGINNING /(NORTHWEST CORNER OF TRACT "B-1") IS I/ 1 -! NORTH TRACT "1;) LINE OF 0 Scale: 1" = 30' ,N39'47'50"E 4.46' v8.32'41 "E 10.80' I S8832'41 "E 132.22' -. \ . f / / I EASEMENT--J I 28.70' \I 'I T R A C T "G-1" I I SECTION 22 TOWNSHIP 42 SOUTH RANGE 42 EAST I Y v I I I I \ \ F--'"J- soo'oo'oo" w yi2 rE 7 LT R A C T "A-1" ABLES AT NORTHLAKE REPLAT NO.l (PLAT BOOK 100, PAGE 187) I I I THIS IS NOT A SURVEY @ 2008 Bovle Enaineerina PROJECT NAME: SKETCH AND DESCRIPTION FOR: NORTHLAKE/HlATT INTERSECTION IMPROVEMENTS (UTILITY EASEMENT) Boinr ENGINEERING sbbo S.W. tarpomb Parkway RZ% .3W3 F 772.280.3925 BPR & FBPE lJconn No'r: 2005 m.boyk.wcom.com Florld051990 BOY LE At C(1 M & LB 7622 CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Meeting Date: February 5,2009 Ordinance 2,2009 SUBJECT/AGENDA ITEM Ordinance 2,2009 - Waterway Cafe City-Initiated Rezoning Second Reading & Public Hearing: A City-initiated request, for rezoning of one (1) parcel of real property from Residential Medium (RM) to General Commercial (CG-1) zoning district. Said parcel comprises approximately one and 50400 (1.5t) acres, more or less, in size; such parcel of land is located on the south side of PGA Boulevard approximately ?4 mile east of Prosperity Farms Road, informally known as the Waterway Caf6 Restaurant. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Development Compliance: N/A Bahareh K. Wolfs, AICP Growth Management Administrator: Approved By: Originating Dept.: Growth Management: Project Manager: Fi)r( Richard J. M&ero Senior Planner [XI Quasi -Judicial [ 3 Legislative [XI Public Hearing Advertised: Date: January 2 1 , 2009 Paper: Palm Beach Post [XI Required [I +ifEaed Parties: [X 3 Notified [ 3 Not Required FINANCE: Senior Accountant: NIA Tresha Thomas Fees Paid: [ X ] Yes Budget Acct.#: NIA PZAB Action: [ 3 Approved [ ] Approved wkonds [ 3 Denied [ ]Postponed [ 3 Continued to: Attachments: 0 Ordinance 2,2009 Ordinance 17,2008 Ordinance 5, 1987 0 Location Map ZoningMap 0 Future Land Use Map Meeting Date: February 5,2009 Ordinance 2,2009 BACKGROUND 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. 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 Cafe 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. 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. 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 Pirates Cove Residential Community 2 Meeting Date: February 5,2009 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. CITY COUNCIL On January 15, 2009, City Council reviewed Ordinance 2, 2009 on first reading and voted 5-0 to pass Ordinance 2,2009 onto second reading. 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 SOUTH SIDE OF PGA BOULEVARD APPROXIMATELY 1/4 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. ZONING DISTRICT (CG-1); SUCH PARCEL IS LOCATED ON THE 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 DESCRl PTl ON 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. BOULEVARDl 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. 01’24’24 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. 01’24’24” 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 2, 2009 5 PASSED this I(/day of PASSED AND ADOPTED this day of , 2009, upon J&J urq.tzY , 2009, upon first reading. 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\ORDlNANCESL?O09\Ordinance 2 2009 - waterway cafe rezoning.doc 4 Date Prepared: June 13, 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 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 163.31 87( I)(c), 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 501100 (1 SO?) ACRES, MORE OR LESS, IN SEE AS “(C) COMMERCIAL”; 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 CAFC 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 30 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. 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 (1.50*) 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 (IO) 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? , 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 Statutes, 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 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 PASSED this A/>' day of &(,o.(r , 2008, upon first reading. PASSED AND ADOPTED this qgt day of SLP tkLLII( , 2008, upon second and final reading. / /A Robert G. Premuroso, Councilmember FOR / / AGAINST ABSENT ATTEST BY: - Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND? G:\attorney-~hare\ORDINANCES\2008\0rdlnance 17 2008 - final version.docx 3 ORDINANCE 5, 1957 +' March 31, 1987 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING A PARCEL OF LAND LOCATED ON FORMER SWARD DRIVE, 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 CONF'LICT HERE- WITH; AND, FURTHER, PROVIDING FOR AI EFFECTIVE DATE HEREOF. IS HEREBY ESTAB- BE IT ORDAItIED BY TllE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: 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 159.961 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, permitting 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 I k. 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 ON THE 7 dDAY OF $/>7, :!33:: PASSED MID ADOPTED THE 7 DAY OF %/? d 7 4 ” VI CE-HAYOR COUNCIWI ATTEST : COUNCILWJ TH~ SOUTH 100.0 FEEI OF THF x. i/4 or THE N.E. 1/4 OF THE S.E. 1/4 OF SECTION 5, TOWNSHIP 42 sotw, PANGE 43 EAST, LYING WEST OF THE IKTRACOASTAL WATERWAY. CONTAININ(, 1.15 ACRES (50,047.50 SQ. FT.) HURL OR LESS. SUBJECT TO ALL REStRVATIONS, RkSTRICTIONS AND RIGHTS-OF-WAY OF RECORD. r I '4 Jefferson F. Vander WoIk Port Office Drawer D Dehy Ekach. Florida 33444 May 9, 1.aS7 Esq. 818 U.S. Highway one, Suite:':B North Palm Beach, FL 83408 Dear Rf chard : Richard 0. Breithart I am writing to confirm my understanding of the agreements reach d 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, lss!, and a subsequent letter from YOU, dated Januaryal, 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. a Relating to the above, we shall attempt to control sound emanating from outside the restaurant - including employees leaving at closing time - in order to reduce any diszurbance to neighbors. 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 will 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 a&-qPoot 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 ar; least 18 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 H-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 'v Richard 0. Breithart, Esq. 1 due %Y c, ,. 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 Kidd Lane and to abide by their desires in 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 df stributed to your clients and used as needed. In answer to a question rafsed 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. T am not familiar with all of the circumstances, but the story I have heard is that their use of the canal resulted from mechanical problems and that there stay was brief. Whether someone at the Waterway Cafe sanctioned their visit, 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 complaint 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 building during periods when we have entertainment. Such oversights may occur now and then, but 1 believe our communication arrangements should provide a prompt solution. If this concurs with your understanding of our agreements, I would appreciate your acknowledging the encloed copy and returning it to me in the attached envelope. JFV' hr Enc 1 osures _. I. I ._ Acknowledgement Richard 0. Breithart, Esq. Page 1 of 1 . L- P 1" 0 '8 I A --%- t z t ;F -c L I I!!!llllIll P 0 r1 0111. 0 IWWW ?Tf'; .-- I A I II BP N- 00 I 0, i a Hi! CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Meeting Date: February 5,2009 Ordinance 7,2009 SUBJECT/AGENDA ITEM Ordinance 7,2009: Northlake Congress City-Initiated Rezoning First Reading: A City-initiated request, for rezoning on a portion of real property known as the Northlake Congress Commercial Center from Residential Medium (RM) to Commercial General (CG1) zoning district. Said property comprises approximately one and 371100 (1.37) acres in size; such parcel of land is located on the north side of Northlake Boulevard approximately one mile east of 1-95 at the intersection of Northlake Boulevard and Congress Avenue, and owned by Northlake Venture L.C. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: A Growth anagement Ad& Kar$L. Irwin, AICP Long Range Planning Manager 02 -. Nilsa C. Zacarias, AICP Approved By: Originating Dept.: Growth Management: Project Manager: >h Stephen Mayer Senior Planner [XI Quasi -Judicial [ 3 Legislative [XI Public Hearing Advertised: Date: n/a Paper: n/a [ ] Required [ X 3 Not Required 1" Reading e Parties: [ ]Notified [ X 3 Not Required 1'' Reading FINANCE: Senior Accountant: Tresha Thomas Fees Paid: [ X ] Yes NA Budget Acct.#: N/A City Council: [ 3 Approval lSt reading [ 3 Denial [ 3 Postponed [ ] Continued to: Attachments: Ordinance 16, 2008 Location Map Current Zoning Proposed Zoning Future Land Use Ordinance 7,2009 Map Map Map Meeting Date: February 5,2009 Petition: Ordinance 7,2009 EXECUTIVE SUMMARY The subject petition is a request to change the zoning distric for a 1.37 acre parcel from Residential Medium (RM) to Commercial General (CG1) zoning district. The site is currently part of the Northlake Congress Commercial Center, a 3.07 acre commercial plaza located on the north side of Northlake Boulevard approximately one mile east of 1-95 at the intersection of Northlake Boulevard and Congress Avenue. The City Council approved Ordinance 16, 2008, amending the Future Land Use Map (FLUM) designation for this property to Commercial. The proposed Zoning Map change will bring the Zoning Map into conformity with the FLUM. BACKGROUND The subject petition is a request to change the zoning district for a 1.37 acre parcel from Residential Medium (RM) to Commercial General (CG1) zoning district. The site is currently part of the Northlake Congress Commercial Center, a 3.07 acre commercial plaza located on the north side of Northlake Boulevard approximately one mile east of 1-95 at the intersection of Northlake Boulevard and Congress Avenue (please see attached location map). The Center consists of a drugstore parcel, approximately 0.85 acres with an existing 13,905 sq. ft. Walgreens Pharmacy and a parcel fronting along Northlake Boulevard on the east side, approximately 0.85 acres in size, currently leased by Pol10 Tropical. The site plan was approved in 1998 via Resolution 117, 1998, and included 16,815 square feet of commercial uses including a retailidrug store and drive-through restaurant. The residential parcel was included as part of this approval, and currently provides parking, access, loading, and dry detention for the Commercial Center. The City Council approved Ordinance 16, 2008, amending the Future Land Use Map (FLUM) designation for this property to Commercial. The proposed Zoning Map change will bring the Zoning Map into conformity with the FLUM. LAND USE & ZONING The Future Land Use designation of the site as shown on the City’s Future Land Use Map is Commercial (C) (please see attached FLUM). The site currently has a zoning designation of General Commercial (CG-1) and Residential Medium (RM) (please see attached current zoning map). The present zoning designation for this property forces an unnatural division of a property under two different zoning districts that is currently under ownership by one entity, and was approved and platted as one project. The proposed zoning will bring the existing conditions into conformity and bring the current Residential Medium (RM) zoning into compliance. The City is initiating a rezoning of the subject 1.37-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) (please see attached proposed zoning map). The zoning and land- use designations of adjacent properties are as follows: 2 Meeting Date: February 5,2009 Petition: Ordinance 7,2009 EXISTING USE Table 1. ZONING CLASSIFICATIONS AND LAND-USE DESIGNATIONS Z(IINING muRE LAND USE SUBJECT PROPERTY: Northlake Congress Commercial (Walgreens and Pollo Tropical) General Commercial & Residential Medium (CG- 1 & RM) Commercial (C) TO THE NORTH: Vacant (f.k.a. Hilltop) Commercial General (CG1) TO THE SOUTH: Walgreens, Pollo Tropical/Target Residential Medium (RM) 1 Residential Medium (RM) Commercial (C) Commercial General (CG1) TO THE EAST: dry cleaning facility TO THE WEST: Applebees General Commercial (CG-1) Commercial (C) Commercial (C) EXISTING NON-CONFORMITIES The proposed rezoning will bring the existing legal non-conformities (non-conforming uses) into conformity with the City's Code of Ordinances. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On January 13, 2009, 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 1.37-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 7,2009. 3 Date Prepared: June 13,2008 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 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 16,2008 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 163.31 87(1 Mc), 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 37/100 (1.375) ACRES, MORE OR LESS, IN SEE AS “(C) COMMERCIAL”; SUCH PARCEL OF LAND IS LOCATED AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE, INFORMALLY KNOWN AS THE “NORTHLAKE CONGRESS COMMERCIAL CENTER”; 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-08-06-000010, 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-08-06-000010, 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( 1 )(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 gui e and control the future development of the City, and to preserve, promote and protect P he public health, safety, and welfare. c Date Preparod: June 13,2008 Ordinance 16,2008 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 20 29 30 31 32 33 34 35 36 37 30 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. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida 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 37/100 (1.37k) 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. SECTION3. 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-BSPSmall Scale4 , 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. SECTIONG. 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 Statutes, the amendment does not become effective until a final order is issued finding the amendment in compliance. 2 Date Prepared: Junr 13,2008 0rdln;mnce 16,2008 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 a 2' day of rnL us7 , 2008, upon first reading. PASSED AND ADOPTED this 'Pday Of *&e , 2008, upon second and final reading. CITY OFmH GARDENS BY: 3 Eric Ja - Jody Bamett,/Councilmember Robert G. Premuroso, Councilmember ATTEST: BY: - Patricia Snider, CMC, City Clerk FOR 4 1 / / / AGAINST ABSENT APPROVED AS TO FORW G:bttorney-share\ORDlNANCES\2008\0rdinance 1 6 2008 -final version.docx 3 t 1. Ordinance 7, 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 ORDINANCE 7,2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING A CERTAIN PARCEL OF REAL PROPERTY COMPRISING APPROXIMATELY ONE AND 37/100 (1.37) ACRES, MORE OR LESS, IN SIZE; SUCH PARCEL BEING LOCATED ON THE NORTH SIDE OF NORTHLAKE INTERSECTION OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE, INFORMALLY KNOWN AS THE NORTHLAKE CONGRESS COMMERCIAL CENTER, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MEDIUM (RM) TO COMMERCIAL GENERAL (CGI) ZONING DISTRICT; REVISING THE CITY ZONING DISTRICT MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BOULEVARD APPROXIMATELY ONE MILE EAST OF 1-95 AT THE WHEREAS, the City of Palm Beach Gardens has initiated application number REZN-08-07-000004 for rezoning one (1) parcel of real property from Residential Medium (RM) to General Commercial (CG-1) zoning district 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 January 13, 2009, 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 Ordinance 7, 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 Ordinance is in the best interests of the citizens and residents of the City of Palm Beach Gardens, Florida; and 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, as depicted in Exhibit “A”, is hereby changed from Residential Medium (RM) to General Commercial (CG-1): LEGAL DESCRl PTI ON A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE N 88”26’21” W (AS A BASIS OF BEARING ALONG THE SOUTH LINE OF SAID SECTION 18), A DISTANCE OF 100.00 FEET; THENCE N 01”35’11” E PARALLEL WITH THE EAST LINE OF SECTION 18, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 01 “35’1 1” ALONG THE WEST LINE OF THE EAST 100.00 FEET OF SECTION 18, A DISTANCE OF 383.00 FEET; THENCE N 88”26’21” W ALONG THE NORTH LINE OF THE SOUTH 453 FEET OF SECTION 18, A DISTANCE OF 407.00 FEET; THENCE S 01 “35’1 1” W ALONG THE WEST LINE OF THE EAST 507 FEET OF SECTION 18, A DISTANCE OF 342.98 FEET; THENCE S 43’24’49” E, A DISTANCE OF 56.57 FEET; THENCE S 88” 26’21” E ALONG A LINE PARALLEL WITH AND 70 FEET NORTH OF THE SOUTH LINE OF SECTION 18, A DISTANCE OF 367.00 FEET TO THE POINT OF BEGINNING. SECTION 2. The City Manager is hereby authorized and directed to amend the zoning district map of the City in accordance with this Ordinance. 2 Ordinance 7, 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 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 granted to codify this Ordinance. SECTION 6. This Ordinance shall become effective immediately upon adoption. PASS ED this day of , 2009, upon first reading. PASSED AND ADOPTED this day of , 2009, upon second and final reading. CITY OF PALM BEACH GARDENS FOR 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 R. Max Lohman, Interim City Attorney AGAl NST ABSENT G:\attorney_share\ORDINANCESL2009\0rdinance 7 2009 Northlake ComCenter Rezone.doc 3 EXHIBIT “A” L I 1’11 U . I i CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Meeting Date: February 5,2009 Ordinance 8,2009 SUBJECT/AGENDA ITEM Ordinance 8,2009: Loxahatchee Slough City-Initiated Rezoning First Reading: A joint City-County initiated request for rezoning of several parcels of real property within the Loxahatchee Slough and Sandhill Crane Natural Areas from Planned Development Area (PDA) to Conservation (CONS) zoning district. Said parcels comprise approximately two thousand twenty four (2,024) acres, in size; such parcels are owned by Palm Beach County, and are located in three general locations west of the Turnpike, and north of Northlake Boulevard. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by:/? GrowthManagement trator ““$;il“/ Kda L. Irwin, AICP Nilsa C. Zacarias, AICP Approved By: City Manager: Originating Dept.: Growth Management: Project Manager 3.h Stephen Mayer Senior Planner [XI Quasi - Judicial [ ] Legislative [XI Public Hearing Advertised: Date: da Paper: n/a [ ] Required [ X 3 Not Required @Reading Affected Parties: [ ]Notified [ X 3 Not Required 1 St Reading FINANCE: Senior Accountant: Tresha Thomas Fees Paid: [ X 3 Yes Budget Acct.#: NIA City Council: [ 3 Approval 1‘‘ reading [ ]Denial [ 3 Postponed [ 3 Continued to: Attachments: Ordinance 12, 2008 0 Location Map 0 Current Zoning 0 Proposed Zoning 0 Future Land Use 0 Ordinance 8,2009 Map Map Map Meeting Date: February 5,2009 Ordinance 8,2009 EXECUTIVE SUMMARY The subject sites consist of several different parcels owned by Palm Beach County (“County”) acquired to preserve and maintain the natural habitat in the Loxahatchee Slough and Sandhill Crane Natural Areas, and total approximately 2,024 acres. The proposed Zoning Map change will provide the appropriate zoning district of Conservation (CONS) to the subject properties and will help preserve the existing native resource and native vegetation on the sites and provide an additional layer of protection to these environmentally sensitive lands. BACKGROUND The subject properties are located in various areas throughout western Palm Beach Gardens, in the general vicinity of the existing Loxahatchee Natural Slough more specifically illustrated on the attached location map. The properties are owned by Palm Beach County (“County”), and were acquired to preserve and maintain the natural habitat in the Loxahatchee Slough and Sandhill Crane Natural Areas. Although the subject areas have a Future Land Use (FLU) category of Conservation and existing conservation easements in place to protect the natural environment, the zoning of the property as Planned Development Area (PDA) is not appropriate since the nature and character of these properties now functions exclusively for Conservation purposes. The proposed Zoning Map change will provide the appropriate zoning district of Conservation (CONS) to the subject properties. The Loxahatchee Slough Natural Area is the largest and most diverse of the sites acquired as natural areas by Palm Beach County. It extends for up to seven miles north and south of the intersection of the Bee Line Highway and PGA Boulevard. The Loxahatchee Slough is a wide, shallow channel of water that flows approximately 250 days per year. It provides a deep drainage-way through historical strand swamp and peat soil swale systems. The Slough is a regionally significant wetland and the historic headwaters of the Loxahatchee National Wild and Scenic River. It is a mosaic of high-quality freshwater wetlands such as cypress swamps, marshes, and wet prairies, interspersed with pine flatwoods and hammocks. The County purchased 10,389 acres of the Slough from the John D. and Catherine T. MacArthur Foundation in October 1996. The Loxahatchee Slough is managed as part of a countywide system of natural areas, protected to maintain the diversity of biological communities and species in Palm Beach County. This area is open to the public for environmental education, scientific research, and passive recreation activities, such as nature walks, bird watching, and photography, which are all permitted uses with the proposed Conservation (CONS) zoning district. The County recently completed the Loxahatchee Slough Restoration Project, which involved the removal of exotic vegetation, ditch filling and the restoration of hydraulic conditions. The Sandhill Crane property was purchased by the South Florida Water Management District (“District”) in 1999 from the MacArthur Foundation with the intention of giving the land management to the County so that it could be managed as part of the Loxahatchee Slough Natural Area. The Sandhill Crane property was donated to the County from the District in November 2007 for conservation purposes in exchange for a Deed of Conservation Easement of the Loxahatchee 2 Meeting Date: February 5,2009 Ordinance 8,2009 Acreage 1,46 1.14 Slough Natural Area to provide an additional layer of protection to the conservation lands. The County manages the habitat and species of the Sandhill Crane property while the District retains its responsibilities to manage the water flowing through the C-18 canal. Through the adoption of Ordinance 12, 2008, the City Council amended the FLUM designation for the properties to Conservation (CONS). North South Loxahatchee Bee Line Highway The subject sites consist of several different parcels, which total approximately 2,024 acres. The proposed zoning district will help preserve the existing native resource and native vegetation on the sites and provide an additional layer of protection to these environmentally sensitive lands. East Loxahatchee Slough (CONS) LAND USE & ZONING West Caloosa (Residential Low) The subject areas are outside Urban Growth Boundary (UGB) and function as part of the Loxahatchee Slough and Sandhill Crane Natural Areas. All three areas are immediately contiguous to adjacent eco-corridors or natural areas. Loxahatchee Slough/Jupiter Farms (CONSRural Residential) Loxahatchee Slough (CONS) The subject sites have been broken into three (3) parcel areas for the purposes of this report. Parcel ‘1’ is located south of Jupiter Farms along the northern 1/3 of the County’s Loxahatchee Slough Natural Area; Parcel ‘2’ is located north of the Beeline Highway, approximately 1 mile NE of PGA Boulevard; and Parcel ‘3’ is located north of Northlake Boulevard, approximately 3 miles west of the Bee Line Highway. Please see Table 1 (below) and the Location Map (on the followingpage). Jupiter Farms (Rural Residential) Carlton Oaks (Residential Low) Table 1. Subiect ProDerties Parcel I I 1 Sandhill Crane Site Loxahatchee Slough Natural 3 Loxahatchee Slough Natural Area 1 Total 477.92 Jupiter Farms Loxahatchee Slough (Rural Residential) (CONS ) I Slough (CONS) Boulevard 2024.17 I 1 I 3 Meeting Date: February 5,2009 Ordinance 8,2009 Mar, 1. Subiect Properties Location Map PLANNING. ZONING. AND APPEALS BOARD (PUB1 On January 13,2009, 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 2,024-acre parcel to Conservation (CONS) zoning district' in order to be consistent with the City's Comprehensive Plan Future Land Use designation of Conservation (CONS). Therefore, staff recommends APPROVAL of Ordinance 8,2009. 4 Drk Pmpud: June 13,2008 t 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 12,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CIN OF PALM BEACH GARDENS, FLORIDA, ADOPTING A LARGE SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORID A STATUTES, PURSUANT TO CITY INITIATED APPLICATION NO. CPMA48-04-000008, WHICH PROVIDES FOR AN AMENDMENT TO THE CllVS FUTURE LAND USE MAP DESIGNATING FOURTEEN (14) PARCELS OF REM PROPERTY CONSERVAT""; SUCH PARCELS OF LAND ARE LOCATED NORTH OF BEEUNE HIOHWAY AND PGA BOULEVARD, INFORMALLY K" AS THE "LOXAHATCHEE SLOUGH AND SANDHILL CRANE NATURAL AREAS"; PROVIDING FOR COMPUANCE WtlW ML REQUIREMENTS OF CHAPTER 163, STATE LAND PUNNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO WW, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. COMPRISING APPROXIMATELY TWO THOUSAND TWENTY- FOUR (2,OmJ ACRES, MORE OR LESS, IN SIZE AS "CONS - FLW DA STATUTE& = PROWDMG FOR TRANSMITWL TO THE 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 axpotate limits; and WHEREAS, all amendments to the COmQrehensive development plan must be adopted in acaxhme with detailed prooedues which must be strictly followed; and WHEREAS, the City of Palm Beach Gardens has carefully prepared an amend- to its Comphensive Development Plan pursuant to a City-initiated amendment; and WHEREAS, the City of Palm Beach Gardem has held all duly required public hearings, both prior to submission oi the proposed amendment of the plan to the State Department of Community Afbks and after the proposed amendment of the plan was returned to the City aC Palm Beach Gardens, in accordance with Chapter 163.3184, Florida Statutes, and WHEREAS, the Ci Courcil desires to adopt the amendment to the current Comprehensive Development Plan to guide and oonbd the future development of the City, and to preserve, promote, and protect the public health, safety, and welfare. c#. pnpmd: June 13,2008 cWdhMc0 12.2008 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 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 ClTY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing mitals are hemby dinned and ratified. 2. The Future Land Use Map of the City's Comprehensive Development Plan is hereby amended, as set forth in accordance with Exhibit *A", attached hereto and iwwpombd herein. SECTlON 3, A copy of the Comprehensive Development Plan, as amended, shall be kept on file in the Mke ofthe Ci Cleric, Ci of Palm Beach Gardens, Florida. SECTlO N4. The Grawth Management Administrator is hereby direded to transmit three (3) copies of the amendmenf to the current Comprehensive Development Plan to the State Land Plamii Agency, akng with a copy to the Treaswe Coast Regional Plaming Council, and to any crther unit of local government who has filed a written -for a apy, within ten (10) working days afteradopt~on, in accordance with sedion 163.3184(7), fM& S~W~S. SECTION ti. All odhmces or parts ofordinanoes in cmfliid be and the same are hereby repealed. CTlON6. Should any section or provision of this Ordinance or any portion thereof, my paragraph, smtmce, orwud be- by a awt of competent jurisdiction to be invalid, such deckion shall nd aff&2 the validity d the remainder of this Ordinance. SEWN 7. specific dhority is hereby ghmn to wthii Ordim and make it N8. The dfectiw dab ofthis pbn amendment shall be the date a final order is issued by the DqMment t9 Commurity Affeirs or AdrninWabon - Commission findi the amendmerrt in cllmpli in accwdmm with Sedion 163.3184(1)(b), Florida stat-, whichever ooarsearli. Nodevekpmerrtorders,devekpmentpermits,orland uses dependent on this amtxhent maybe issued OT corn- before it has become elfective. If a final order d nonoompli is issued by the Administration Commission, this ameclcknerd maynevwbbs be madeefbtdve &'adoption ofa redutii affirming its effedive status, a copy OF which resdubon - ShallbesenttOtheDepartmentof Community Affairs, Divkionaf Commurity Pkmin~, plan Prooesswrg Team. part of the citv's comprehensive - Development Plan. 2 Dlr Prepared: Junr 13,2008 Ordk\ancr 12,2008 1 PASSED this A! STday of pNfl v3 d , 2008, upon first reading. 2, 3 PASSED AND ADOPTED this day of pt.~ &ff- , 2008, upon 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 second and final reading. CITY 0-H GARDENS FOR c/ J / / Robert G. Premuroso, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY /A AGAINST ABSENT 2% 47 G:Lttornry~rhue\ORDINANCES~OO8\Ordinance 12 2008 - final venlomdocx 3 Dttr Prepared: Junr 13,2008 ordinrncr 12,2008 EXHIBIT “A” 1 Legend yzs SUBJECT TO LANU USE CHANGC 0 0 PARCEL OUTLINES LOCATION MAP PALM BEACH GARDENS, FLORIDA CITY OF PALM BEACH GARDENS PRINTED JUNE 6.2008 ll-f-1- Feet / 0 Ti&- .I J I "* , /. , I I-' , , " -. -.. i -- . -- . .- - .-. I 1' I I / (L h , t I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE 8,2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING FOURTEEN (14) PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY LESS, IN SIZE; SUCH PARCELS OF LAND ARE LOCATED WITHIN THELOXAHATCHEESLOUGHANDSANDHILLCRANENATURAL AREAS WHICH INCLUDE THREE LOCATIONS GENERALLY LOCATED WEST OF THE FLORIDA TURNPIKE AND/OR NORTH OF NORTHLAKE BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) TO CONSERVATION (CONS) ZONING DISTRICT; THE CITY ZONING DISTRICT MAP SHALL BE REVISED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. TWO THOUSAND TWENTY-FOUR (2,024) ACRES, MORE OR WHEREAS, the City of Palm Beach Gardens has initiated application number REZN-08-07-000003 for the rezoning of fourteen (14) parcels of real property from Planned Development Area (PDA) to Conservation (CONS) zoning district to be consistent with the City’s Future Land Use Map, as more particularly described herein; and WHEREAS, the subject site is currently zoned Planned Development Area (PDA) and has a land-use designation of Conservation (CONS); 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 January 13, 2009, 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 Ordinance 8, 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 Ordinance is in the best interests of the citizens and residents of the City of Palm Beach Gardens, Florida; and 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 Conservation (CONS) is consistent with the future land-use designation of Conservation (CONS). 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 property, as described and depicted in Exhibit “A”, is hereby changed from Planned Development Area (PDA) to Conservation (CONS). SECTION 2. The City Manager is hereby authorized and directed to amend the zoning district map of the City in accordance with this Ordinance. 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 granted to codify this Ordinance. SECTION 6. This Ordinance shall become effective immediately upon adoption. 2 Ordinance 8, 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 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 FOR AGAINST ABSENT 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 G:\attorney_share\ORDINANCESE009\0rdinance 8 2009 - lox slough - Large Conservation Rezone.docx 3 Ordinance 8, 2009 EXHIBIT “A” Exhibit “A” Location Map and legal Descriptions LOCATION MAP CITY OF PALM BEACH GARDENS PALM BEACH GARDENS, FLORIDA I Legend v& SUBJECTTO LAND USE CHANGE D 0 PARCEL OUTLINES LOCATION MAP CITY OF PALM BEACH GARDENS I CH GARDENS, FLORIDA ORB 1172- PI 1418 ' LEGAL DESCRIPTION JLOXAHATCHEE SLOUGH PARCELS) PARCEL 18.A05 A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 400.00 FEET AND THE EAST 1500.00 FEET OF SECTION 21, TOWNSHIP 41 SOU", RANGE 42 EAST, LESS AND EXCEPTING THEREFROM THE PAGE 628, AND ALSO LESS THAT PORTION THEREOF CONVEYED TO SOUTH INDIAN RIVER WATER CONTROL DISTRICT BY THE WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 4253, PAGE 1029, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA RIGHT-OF-WAY OF DONALD ROSS ROAD, AS RECORDED IN DEED BOOK 1031, PARCELS 18.A14 AND 18.A20 A PARCEL OF LAM) LYING IN SECTIONS 23 & 24, TOWNSHIP 41 SOUTH, RANGE 41 EAST, WITHIN THE MUNICIPAL, LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORlDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 400.00 FEET AND THE WEST 400.00 FEET OF SECTION 23, TOWNSHIP 41 SOU", RANGE 41 EAST. TOGETHER WITH THE NORTH 400.00 FEET OF SECTION 24, TOWNSHIP 41 SOUTH, STATE ROAD 7. RANGE 41 EAST, LESS AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF PARCEL 18.A22 A PARCEL OF Lm LYING IN SECTIONS 19 AND 20, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WIT" THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 5 THE NORTH 400.00 FEET OF SAID SECTIONS 19 AND 20, TOWNSHIP 41 SOUTH, STATE ROAD 7, AS RECORDED IN DEED BOOK 943, PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. RANGE 42 EAST, LESS AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF C 1172BP 1411 WROMYH. UIU(D(, CLE~PBCOUMY, R Loxahatchee Slouph 1. 2. 3. 4. 5. 6. 7. 8. Matters contained in the Notice of Lien Rights filed by Loxahatchee River Environmental Control District recorded in Official Records Book 4984, page 1254, as amended in Official Records Book 7048, page 655 and Official Records Book 7187, page 1712. (Parcels 18A.05 and.18A.22) - State road right of way reservation contained in the deed fiom the Trustees of the Internal Improvement Fund recorded in Deed Book 649, page 80. (Parcels 1 8A and 18A.20) Oil, gas and mineral rights not conveyed, and therefore reserved, in the deed from Panama Carbon Company recorded in Deed Book 1159, page 608 without the right of ‘entry. (Parcels 18A.14 and 18A.20) Canal, reclamation and oil, gas and mineral reservations contained in the deeds hm the Trustees of the Internal Improvement Fund recorded in Deed Book 325, page 535, Deed Book 763, page 352 and Deed Book 316, page 458. (Parcel 18A.22) Canal, reclamation and oil, gas and mineral reservations contained in the deed from Everglades Drainage District recorded in Deed Book 790, page 381. The canal and reclamation reservations were partially released by the instruments recorded in Official Records Book 1730, page 643 and Official Records Book 1744, page 885. (Parcel 18A.22) The right of way of the C-18 Canal, granted to Central and Southern Florida Flood Control District by the instrument redorded in Deed Book 1059, page 521. (Parcel 18A.22) Terms and provisions of the Forbearance Agreement between Communities Finance Company, the City of Palm Beach Gardens, and parties identified therein as the “Successor Oroup”, a Memorandum of which was recorded in Oficial Records Book 11071, page 1213 and Oficial Records Book 11092, page 683. (Parcels 18A.05,18A.14, 18A.20 and 18A.22) Terms, covenants, conditions and set forth in the Declaration of Covenants and Restrictions recorded in Ofiicial Records Book 11480, page 1897, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant@): (a) is exempt under Chapter 42, Section 3607 of the United States Code; or (b) relates to handicap, but does not discriminate against handicapped persons. (parcels 18A.05, 18A.14, 18A.20 and 18A.22). € #I708893 v2 - 5566-106 Loxahatchee Slough Property I hereby certify that the foregoing is a true copy of the record in my office this day, Mar 25,2008. erk Circuit C urt, Palm Beach County, Florida d- Deputy Clerk ORB 11774 P 1sem m8OfHY H. MILE& QEd PB MwsTy, R I hereby certify that the foregoing is a true copy i ORB 21774 Pg 1571 (PARCEL 18tUIL - DOYATED PARCEL} *. .- Deputy Cl&k si -__ LEGAL DESCRIPTION ThePrdses W NO- DA=lOM)2J (FU DA-loO.016) A& of land located m Sectbs 26,27,34 and 35, Tawpabip 41 sautb, Range 41 Bast, end Section 2, Tmnship 42 South, Range 41 East, PahnBeach County, Florida, andbehg Beginning attheqwutm sedion #warlocrdcdmthcN&linc ofmid Section 26, thacc Naach 89"03'23" Enst ahg the North line of ths Noxthead quarcp. of snid Racards Book !&%Os Page 589, Public Records of Palm Beach Fkdda, a distaaob of 2,009.58 (Th4NctrthliwoftheNmtkast Quaaet of said Section 26 beam Noath 8P03'23" East ad all otkbcdngs are relative thaeto); thenice Wth 07007'39" Wast, a disbmcc of31028 thmce Soul31 04"03'25" West, dag the West Iim of said pamcd, a dbtmcc of 5,017.61 fbac; thence South 00043'22" Wsst, cdnuing along Mid West linq adistameof S,206.!50 Wto spoislt 1,OOO.OO fbd Northdyof andparallaI with a6 lhwrrnrrad atligbtnngkto apointondm Nortbsrly ri@ of wajr linc of Boek Highway (Stab Rod 710) 88 Bhawn on State Road pdld with said Noxthdyright ofway he, a dishme of 266.67 feetto apoint on the Wddylinr, ofthat cdein parcelofland as dauibed m Orscial-Rcconh Book 10993, Paga 1817, Public Rswads of Palm Beach Carmty, PIarida; thence South 36022'07" Wast, dong said Westaply line, a ditmuce of l,OOO.OO ket to a paint on said Noahaly right of way line; theme Narth W39'34" West, ahmg said Nay right of way line, a distana of 8063.90 f#f lhenw Narth 01020'46" Bast, aspaainS said Ndy right of way Lina, a distmce of 1263.92 fact; thenca North 05'47'33" East, ti disQrsoa of 2,720.W fiwt; tbaahea Nd WOl'W- East, a distan# of 68.73 89052'52" East, a distance of 2,142.48 fbat; thmce N& 89"06'22" East, a cIisEam;e of 390.61 fkcg thence Narth Ol01O'46" East, B discanrre of 300.20 fbt to a point 011 the North line of aaid Saction 26; thenea North 89004'38" East, dong said North h, a djstama of 2941.43 feot to the POINT OF BB<3IN"a of the herein deadbed parctl. mortptidlldydascnbedaSfi~ sectian 26 and tile south lina ofthat celtdlle of land deson'bad ia omal ' Ri@ of Wq Mep Sactian NO. 9331-101; South 53'39'34" €h@ ' fe tbenca North 0S047'26" Bast, 8 distance Of 2,296.57 th- Nd AND Apmd of land lyiq om a portion of Sections 26'27 and 34, Townabip 41 South, Range 41 Best, within the nmdcipd limihs Oftb city Of Palm BCWh Gardema, Florida, andbGingmoIe particuhiy dtmibed as fbllows: BegirmingRtthtintarsect;l 'on of the Northcdy Rightd-Way lint of the Bcdinc Higbwar (Stab Road 710) 8s ahown on State Rmd Rigbtof-Way Map tbm South 5399'23" East, dong theNorth Rigbt-Of-Wayline ofBeeline'Hi@way (State Road 710),'s dbtancc of 36622 Eeet; thmce Naah 01020'46" Bast departing Said Northerly Right+f-Way line, a dista~~~ of 1,263.92 fbet; thence Noah SectiW NO. 9331-101 d tbe Wtst line Of ths N- Qpllltar of &d ScCtian 34; Book2231 7/Paae558 Page 6 of IO c . 05O47'33" 3ast, a dis$noe of 2,720.% fe thence North 06001'00" East, a distan# of 68.73 tb&Worth 05O47'26" @st, a dbtauce of 2,296.57 &eC th43la North 89'52'52" East, a di&incc of 2,14248 theam North 89606'22" Bast, a cihmce of 390.61 fiset;~Nolth0l01~'46"Easfadistsnobof~~0fieattoapointon the North he of Said Sdon 26; thence South 89004'38" Wed, dong 6aid North line, a diskme of 399.44 -to thr:Nartlrwest conm of saotiOn26 (theNorth line of the Nm Qllarta of mid Section 26 bGars Narth 89OO4'38"East and dl bdngs am dative thereto)); lbm South 89'52'52" West, dong the Noxth lint of said Section 27, a distance of 2,411.01 Wto tbeNoxthquaitar comwof said Sectionm, Section 27, a distnm of 5,368.16 ht to the Nor& Quaaa comer of said Section 34, thence South 01020'46" West, dq the N&South quarter Won line of said Section 34, adis$nce of 1,06429 -to the POINT OF BEGN"G. tb~ SOI& 05'47'26" West, dw th6 North-&& Qpartea Ssction liw Of egid APd oflandlyingwitkinSdtx135, Township 41 Sou&, Rmge 41 E&Pabn &raohcorrty,~maa~y~icdasGbllows: C0J"ClNGat the Qu8rt~ Section &anm loortsd mtha Soulhlinc of said Sodon 35, tham nm abmg fhe South line of Baid Sadion 35, North 89O45'40" Baet, a dbtancc of 259.40 &et to apuint on thr, NorthRight of Way lina of State -No. 710 @& Ilooy) (Berpinga am bad on the South lint ofthe Southcast Qparta of said sedian 35 being NOI& W45'40" Bas( (IS &OWXI an the attaclpad &etch by Battaglia Land Opaaths ceater" dated O4/0@00.); theme Nd 53039'49" West d Right of Way, a disbnce of 1,87839 thza# North 31°55'04" East, a &tame of 416.46 thmce North 46009'26" Bast, a dbtancc of 253.99 fbbt; thence Noath 56020'11" Bast, a distanm of 27.63 therm North 33039'49" West, a &tame of 25.00 fbt to spoint, ddpoint alno being TRE POINT OF BBGlN"G. 'Ihmce run North 53039'49" West dong a lipb parallal to and 700 &et North of at r@t angles to the Right of Way line of dl Stab -No. 710 (Baaline Highway), a distmc of 3%50 fbc$ thmw North 5690'11" East, a diaancc of 350.00 fset; thmw Soufh 53039'49' Enst, a diclteade of 3%5@ fke& tham South 56ou)'ll" Weat, a dis&mce of 350.00 fbat to the POINT OF BEGINNING of thc hcauin descn'bedplrrcd. spnaycna, EPC. titled Tlorida Fish & wm cansarvlrh 'on (2Ommhioll Fia (La6 a aomage: chtabhg 299 alxes# mort or less) Page 7 of 10 I - SBETca OF LEGAL DETCBIPTION 1 a /'. #?a&+<,.- Book2231 7/Page560 Page 8 of 10 Beginning at the quarts: Sactioncmmcr located inthe North line of said Section 26, W North 89'93'23" Eart alang the North litLt of thc Norbast Qurvoear of mid Section 26 and tbe South line of that certain paxwl of land dwrcn'bad in Reooads Book 980, Page 589, Public Record8 ofph Beach county, morida, a distrmce of 2,OW.S8 No& line ofdm Narthbaet quarter of said Section 26 bears Nd 89OO3'23" East and all otbrr besrings are relative themto> thence South 07007'39" West, a dhince of 31028 fbg thence South 04°03'25" Wcst, along the West line of said paroel a distance of 5,017.61 actwe South 00043'22" West, mhdng along sald Wed lina, a distrtnce of 5,20650 faat to a point 1,OOO.OO fbet Northarly of aud parallel with as rncamml at rightangles to a- on the Northdy right of way line of Beulinc Highway (State Road 710) as shown on State Road Department Right of Way Map Section No. 9331-101; thenct South 53039'34" Jht, parallel with said Northerly right of way line, a distance of 266.67 fiict to a OfWd Records Book 10993, Page 1817, pnblic Rem& of Palm Beach Coun~, Fhrkhq therrr;c South 3692'07" West, dong said Wtgtcolylins, a distanm of I,OOO.OO Wto apoint on said Northerly rigkt of way line; theaceNorth5303994nW~al aaidNoxthdyrigbdifwayLiDa,a Northaly rigat ofway lh, a disbrnce of 1263.92 fe thence North a dktancc of 68.73 feet; theaxe North 05O47'26" East, a distmce of 2,2%.57 feet; tbnace Pkth 8P52'52" East, a dhtancc of 2,142.48 f- theme North 89006'22" East, a distance of 390.61 %'thence North 01°10'46" Eest, a distance of 300.20 fiet to a point on the Nortb line of point on the wcstdy iiab oftha! Cxutahparctl of land as describedin distrmce of 8063.90 ih, thence 3 orth OlO20'46' Bast, dapat.ting said 05°47'33" Bast, 8 distaacc Of 2,720.W fbct; Noah 06"01'00" Easf Book2231 7lPage561 Page 9 of 10 9 . .. Mid seetion 26; tbm# North 89”W’38” Bast, along Baid North line, a diatmcc of231.43 fodto tht POINT OF BEGINNINCl oftha Wi asecn.bed* AND Begimhgathe- * of tbs Northdy Rightof-Way liuo of the Beeline Highway (State Road 710) a8 shown on State Rad Depmancnt Nantbsast qmuW of mid seotioa 3a, thenw South 53O39’23” But, along the Nath Righhf-Way line of Bedim Highway (State Rod 710). a cli&lmce of36622 fbce Naoth 01.u1’46” Bast dsppains rsid 05°4T33”Bart, a didanw of2,no.W 12septce Nbtth 06V1’00” East, I dishnce of 68.73 fiwt; thca# Noatb M047”’ East, a distame of 2,29657 thmce Norfh 89052’52” Eaet, a dbtance of2.142.48 hR thaaes Noah 8900622” Ebrf a dirtancs of 390.61 fiwc; thsaas Ne Ol01O’46”Ewt, a dbtaoce d300.20 kt to a poht OIU~~KJ Nwth lint of raid 8cctIm 26; thee slth 89004’38” West, along rrid&dh line, a dicrtaaee of 399.44 fatt to the Nortbwaat eomer of Soction 26 (the North line of& Northwsst qumterofraid Section26 bslnNcuth 89Dw’38” East and d othcp barings am ralstivs thCaaD0); lhce south 89052’52” Q tbe North quarts cdillp ofmid Ge& n; tfma south 05O47.26” Wart, dong the N- quarter Section line of said Section 27, a dkmo of 5,368.16 fast to UmNortl~ quarter ooma of raid Secbloa34. theme South 0190’46” West, -the NorWkmtb quarta SCOtionlh of raid Section 34, a distance of 1’064.29 swt to fhc POINT OF BBOINNINC). Right-of-way Map Seotioa NO. 9331-101 d tbe West line af fh Naatheply Ri@+f-Wq lina, 4 Of 1263.92 tbspcb N~I& w* along tba Norfh lins of mid sectirm 27, a dhtaux of~411.01 feet LEGAL DESCRIPTION 24-SeD-07 Datt c.0. 231 7iPage562 Page 10 of 10 I hereby certify that the foregoing is a true copy of the record in my office this day, Mar 25, 2008. Sharon R. B c lerk Circ it ourt, Palm Beach County, Florida BY , - & a Deputy Clerk CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5,2009 Ordinance 1,2009 SubjectlAgenda Item: Second reading and adoption of Ordinance 1, 2009, providing for the adoption of the official City seal and logo [XI Recommendation to APPROVE I1 Recommendation to DENY Submitted by: Stacy A. Rundle dministration IhLbdd I Department Director Approved by: w I CikMakaner Originating Dept.: Administration Advertised: Date: 01/21/2009 Paper: PB Post [ ] Not Required Affected parties [ X ] Not required costs: $ (Total) $- Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: 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. This Ordinance was approved on first reading at the January 15, 2009 Council meeting. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 1,2009 on second and final 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 and 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) Description 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) AdODtion 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. The City Clerk shall be the custodian of the City Seal. 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. 2-3. City Logo. (a) Descrbfion of Logo. 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 2 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 2% 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 in black block numerals is the year “1959, the year of the City’s incorporation. The 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) Adopotion of Logo. 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 purposes. 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 2-4 - 235. [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. 3 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 Ordinance 1, 2009 SECTION 6. Specific authority is hereby granted to codify this Ordinance. SECTION 7. This Ordinance shall take effect immediately upon passage. PASSED this /JEday of .)w VlWY , 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 BY: R. Max Lohman, Interim City Attorney FOR G:\attorney-share\ORDI"NCES\2009\Ordinance 1 2009 Seal Logo.doc 4 AGAINST ABSENT Ordinance 1,2009 EXHIBIT “A” Ordinance 1,2009 EXHIBIT “By’ A A CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Meeting Date: February 5,2009 Ordinance 9,2009 Resolution 11,2009 SubjecdAgenda Item: Ordinance 9,2009 and Resolution 11,2009 - Amendment to the Gardens Medical Center PUD First Reading of Ordinance 9,2009: A request by Anne Booth, agent for Urban Design Studio, on behalf of Health Care Property Investors, Inc., for approval of an amendment to the development order of the Gardens Medical Center PUD to renovate the existing site and expand an existing major conditional use Emergency Care Department by 6,43 1 square feet, add a central energy mechanical room by 1,500 square feet, and minor modifications to improve circulation, parking and landscaping. The subject site is generally located on the southeast corner of Burns Road and Gardens East Drive and is approximately 22.2 acres in size. [XI Recommendation to APPROVE with ONE WAIVER 1 Recommendation to DENY /7 Reviewed by: Bahareh K. Wolfs, AICP Growth Management Ad ini rator w, K L. in, AICP Long Range Planning ??.ILL. Nilsa C. Zacarias, AICP Approved By: // c Originating Dept.: Growth Management Pro' tManager Yh Stephen Mayer Senior Planner Currrking Manager Nafalie Wohg, AICP Action: [XI Quasi-judicia1 [ ] Legislative [XI Public Hearing Advertised: Date: n/a Paper: nla [ ] Required [ X ] Not Required First Reading 6d Parties: [ 3 Notified [ X 3 Not Required First Reading FINANCE: NIA Finance Administrator: Allan Owens NIA Senior Accountant: 2ALEkrL Tresha Thomas Fees Paid: [ X ] Yes Budget Acct.#: NIA City Council: [ ] Approval I' reading [ ] Denial [ ]Postponed [ 3 Continued to:- Attachments: Project Narrative PBC Traffic concurrency letter Ordinance 35,2000 with attachments Development Plans (1 1x17s) Color Renderings Resolution 11, 2009 Ordinance 9,2009 Meeting Date: February 5,2009 Ordinance 9, 2009 and Resolution 11,2009 Page 2 of 15 EXECUTIVE SUMMARY This request is an amendment to the site plan approved by Ordinance 35,2000 and will consolidate the changes granted in Ordinance 39,2001 and Resolution 68,2006, and allows for the expansion of the existing hospital major conditional use, modification of the approved landscape design, clarification of the approved future construction areas on the master site plan, and modifications to the site data table to bring it into compliance with current codes. The proposed amendment includes the emergency room addition which totals 6,43 1 square feet. On July 3,2008, this project was approved for review as part of the Targeted Expedited Permitting Program (TEPP), in accordance with Section 78-57 of the City Code. BACKGROUND On October 3, 1991, the City Council adopted Ordinance 28, 1991, originally approving the Palm Beach Gardens Medical Center Planned Unit Development (PUD). The applicant is requesting to amend the existing PBG Medical Center PUD located on Burns Road, to allow modifications to the approved master site plan for the renovation and expansion of the existing emergency care department, modernization of the central energy mechanical area, modification of the approved landscape design, clarification of the approved future construction areas on the master site plan, and modifications to the site data table to bring the site into compliance with current codes. The proposed Emergency Room first floor expansion totals 6,43 1 square feet. The proposed central energy mechanical area addition is 1,500 square feet. One additional cooling tower is proposed adjacent to the two existing cooling towers. On February 1, 2001, the City Council adopted Ordinance 35, 2000, approving a change in use of 8 1,000 square feet of medical center use to allow for the construction of a 37,500-square-foot medical office building, an addition of 30 hospital beds, the expansion of operating rooms, the intensive care unit, and the mechanical, storage, and service areas. On November 15,200 1, the City Council adopted Ordinance 39,2001, approving an additional waiver regarding the timing of plat recordation. On July 20, 2006, the City Council adopted Resolution 68, 2006 granting conditional use approval for the relocation of the previously-approved helistop and reduction of 5,800 square feet of medical office use for Phase 2B. This request is an amendment to a portion of the site plan most recently amended by Ordinance 35, 2000, and will consolidate the changes granted in Ordinance 39,2001 and Resolution 68,2006, and allow for the proposed expansion of the major conditional use. TARGETED EXPEDITED PERMITTING PROCESS (TEPP) On July 3, 2008, this project was approved for review as part of the Targeted Expedited Permitting Program (TEPP), in accordance with Section 78-57 of the City Code. This project has been included in the TEPP because it meets the criteria outlined in Section 78-57. Specifically, the company was endorsed by the Business Development Board (BDB) of Palm Beach County on June 30,2008. The BDB has authorized this project and has pledged that they will work hand-in-hand with the developer to retain Palm Beach Gardens Medical Center within Palm Beach County. The expansion and modernization of the emergency room is expected to create 25 new jobs with an average salary of Meeting Date: February 5,2009 Ordinance 9,2009 and Resolution 11,2009 Page 3 of 15 EXISTING USE ZONING $50,000, which is higher than the average in Palm Beach County ($41,007). The Emergency Department bed capacity will increase from 20 to 32. FUTURE LAND USE LAND USE & ZONING RL3 - Residential Low Density -3 (Religious Center) PO - Professional Office (Medical and Professional Offices) NORTH: 1s Center, Buildings The site currently has a zoning designation of Professional Office (PO) and a Future Land Use of Public (P) and Professional Office (PO). The site is currently occupied by the Palm Beach Gardens Medical Center, with a major conditional use approval. The applicant is requesting approval to expand the major conditional use and amend the Planned Unit Development (PUD) in order to expand the emergency room. The zoning and land-use designations of adjacent properties are as follows: Residential Low (RL) and Professional Office (PO) ZONING CLASSIFICATIONS AND LAND-USE DESIGNATIONS RM - Residential Medium (Residential Townhomes) TO THE EAST: Sandalwood Estates Residential Medium (RM) SUBJECT PROPERTY: Medical Center/Hospital RM - Residential Medium (Residential Townhomes) PO - Professional Office (Medical and Professional TO THE WEST: Gardens East Drive and Cedar Gardens Townhomes and Glenbrook Condo PO - Professional Office Residential Medium and Professional Office (PO) (RM) Public (P) and Professional Office (PO) TO THE SOUTH: Sandalwood, RM - Residential Medium (Residential Townhomes) Residential Medium Meridian Park and Breezewood Townhouses It is staffs professional opinion that the major conditional use and PUD with an underlying PO zoning designation is consistent and compatible with the adjacent zoning designations within the City. Furthermore, the requested zoning designation is consistent with the proposed Future Land Use (FLU) of Public (P) and Professional Office (PO). Meeting Date: February 5,2009 Ordinance 9,2009 and Resolution 11,2009 Page 4 of 15 TRAFFIC CONCURRENCY On October 28,2008, Palm Beach County Traffic Engineering approved the project for 18,03 1 square feet of hospital expansion (which includes the proposed 6,43 1 square-foot emergency room and central energy mechanical area, 2,500 square feet of storage, 3,000 square feet of electrical, and 3,800 square feet of operation room expansion that has been previously approved and unbuilt). The concurrency also accounts for 37,500 square feet of medical office (approved and unbuilt) and 2,500 square feet of warehouse (approved and unbuilt). The existing concurrency was granted for 248,900 square feet of hospital use and 26,000 square feet of medical office. According to the County’s traffic concurrency approval letter, dated September 30, 2008, the new daily trips associated with the expansion is 894 (please see attached letter). The City issued traffic concurrency for the project with a build-out date of December 3 1,20 13. PROJECT DETAILS The proposed renovations and expansion of the emergency department will allow for the updating of and improvements to the current patient treatment areas by increasing the size of each treatment area, providing privacy, amenities, and improved technology. The current emergency department has “treatment bays” which are separated by curtains. The increase in square footage will allow for larger “treatment rooms” separated by walls. Each room will have amenities such as a TV, and chairs for family members. There will also be treatment rooms dedicated to monitoring heart patients. The increase in square footage will allow for more efficient use of the space and quicker service with the addition of “fast track” areas, which will be used for minor injuries, such as stitches. In addition to the improved treatment rooms, the existing waiting area will be increased in size and combined with the out-patient services waiting area to provide a more pleasant and efficient access point for visitors. It is not anticipated that the renovations will increase the number of patients that are serviced by the hospital, but rather will provide an improvement to the efficiency and quality of care for the current volume of patients. The proposed addition to the existing mechanical area, known as the central energy plant, will modernize the facility and bring the hospital up to current safety codes. The mechanical area consists of mechanical rooms, engineering work rooms, maintenance shops, a safety office, mechanical storage rooms, electrical rooms, fire pump rooms, and vacuum pump rooms. The applicant is also requesting an additional cooling tower located north of two existing cooling towers and east of the mechanical area. SITE ACCESS The currently approved site plan requires the center entrance on Burns Road to be relocated to accommodate the future office building. The attached site plan has been amended to rotate the future office building to allow the existing entrance and driveway to remain in place. This adjustment to the site plan also improves the future circulation pattern of the service vehicles and trucks. No other changes are proposed to the entrances or exits of the site. The City’s Code Enforcement Division recommended that the Gardens Medical Center alter the current truck circulation pattern. It is currently problematic because trucks are forced to utilize a two (2)-lane residential road, which does not have a Meeting Date: February 5,2009 Ordinance 9, 2009 and Resolution 11,2009 Page 5 of 15 wide enough turning radius to handle the turning movements of the large delivery trucks. These trucks utilize the right-of-way up to the sidewalk adjacent to Cedar Gardens Townhomes. In order to maneuver into the current truck delivery access off Gardens East Drive and then continue along the south end of the property, the truck route must also be adjacent to four (4) residential properties (Cedar Gardens Townhomes, Glenbrook Condo, Breezewood and Sandalwood) without any substantial buffers to mitigate the impacts. The change in the truck delivery route to and from Burns Road minimizes the impacts to residential property. The proposed emergency room renovation provides improved ambulance access and circulation with new covered areas for both ambulance and emergency drop off. The modifications to the emergency department floor plan and drop-off areas require a slight re-alignment of the driveway and the parking adjacent to the emergency and out-patient services entrances. The parking area adjacent to the emergency department has previously been designated as reserved for the use of the doctors. Due to concerns regarding available parking in proximity to the entrances of the hospital, the hospital has responded with additional access points, a complementary valet parking program, and has agreed to open the doctors’ reserved parking area to the public. ARCHITECTURE The architecture of the expansion of the emergency room and additional buildings (cooling tower) is consistent with the existing architecture of the building. The proposed emergency department renovation architectural design incorporates some unique elements of glass and a curved facade to create a modern appearance for the new entrance of the hospital. The colors and materials will be consistent with the existing structure, with complementary accent colors to differentiate the entrance area for convenient way-finding. The proposed central energy mechanical area expansion will be consistent with the existing architectural style, color and materials of the adjacent and surrounding structure. The applicant proposes to phase the screening of all rooftop equipment, as some views of the existing rooftop equipment will be screened by approved and yet unbuilt buildings. SIGNAGE The applicant is not requesting any new waivers to the City’s signage regulations. The applicant has recently introduced a new logo and is undergoing a renovation of the interior way-finding signage. Concurrent with this application, they will be asking for approvals of a master signage program for the exterior signage, including directional signs, regulatory signs and building wall signs. They will also be seeking approval for permits to upgrade the existing main entrance sign. The proposed signage program attempts to address concerns that elderly visitors to the site have difficulty finding their way around. Because the code only allows one directional sign per building, the applicant previously received a waiver to allow 13 directional signs on site. The proposed sign package reduces the number of directional signs to 10. The new signage program will introduce a new color scheme and will tie the site together with consistent sign design and colors to update the aesthetic appearance of the hospital. Meeting Date: February 5, 2009 Ordinance 9, 2009 and Resolution 1 1,2009 Page 6 of IS LANDSCAPING AND BUFFERS The proposed landscape plan provides for a total of 21,290 landscape points. Therefore, the applicant is providing nearly twice as many points as the required 1 1,077 landscape points. The landscape plans provide for additional landscaping to the existing features within the perimeter buffers, parkway buffers, streetscape, entries, and signage. The landscape materials will include trees, palms, shrubs, and groundcover. It is important to note that the applicant has provided the majority of the excess landscaping adjacent to the neighboring residential community to further supplement the buffers that exist. The proposed landscape plan meets all of the Code requirements and no waivers are being requested. The proposed landscape plan for the area around the emergency department expansion has been designed to take the screening of the existing neighbors into consideration through the re-use and relocation of the large Oak trees and through the increase in size of the landscape buffer. The design of the newly expanded footprint minimizes the amount of landscaping at the entrances to the emergency department and the ambulance entrance, so the foundation landscaping has been clustered along the facade to meet code requirements. In addition, the landscaped areas adjacent to the emergency room parking area have been increased and supplemented with relocated trees and shrubs. The landscape areas adjacent to the proposed emergency department renovation have also been enhanced with additional shrubs and ground covers. The Oak trees that have been displaced, as a result of the driveway shift, have been relocated and the parking islands have been increased in width. An adjustment to the buffer has been made which removes parking spaces and increases the buffer to 15 feet, bringing it into compliance with current codes and providing a denser buffer adjacent to the street. As part of an overall site improvement plan, the applicant would like to begin a phased replacement of the shrubs and ground covers that have become overgrown or sparse. The attached landscape plan incorporates previously approved plans and also shows areas of plant replacement which include the parking islands, buffers and certain foundation planting areas, however, the applicant is aware that the implementation of the designs outside of this phase of development will require additional approvals. PARKING AND LOADING ZONES The attached site plan reflects the previously approved overall parking areas, with some minor adjustments. For clarification, the data table has been updated to incorporate current parking code requirements. The previously approved site plan required a waiver for the ratio of future parking spaces. The current site plan is able to accommodate all required parking spaces and eliminates the need for the previously approved waiver. Although the site provides more than the required parking, the parking areas are located a good distance away from the entrances into the hospital. To address these concerns, the applicant has instituted a complementary valet parking program, and as part of the emergency department renovations, will be providing several new access points into the hospital, including one that does not require going through the emergency room to enter the main hospital. They will also be adding a new sidewalk, which will be Meeting Date: February 5, 2009 Ordinance 9, 2009 and Resolution 1 1,2009 Page 6 of IS Meeting Date: February 5,2009 Ordinance 9,2009 and Resolution 1 1,2009 Page 7 of 15 covered in the future, for more convenient access from the southern parking area. An additional access point will also be provided on the northeast side of the hospital, as part of a future phase of construction, to provide more convenient access to the medical office space. A previously approved drop off area adjacent to the out-patient services area will be constructed as part of the emergency room expansion, which will also help in providing more convenient access to existing parking, and the parking area adjacent to the emergency department, which was previously reserved for the doctors, will be opened up for use by the public. SITE DRAINAGE & ENVIRONMENTAL Drainage has previously been addressed as part of the approved master site plan and PUD approval. The proposed renovations and shifts will require minor adjustments to the existing retention areas but are not anticipated to impact the existing drainage system. Attached to this application are proposed conceptual engineering construction plans for the emergency renovation and central energy mechanical area expansion. CPTED COMPLIANCE Crime Prevention through Environmental Design (CPTED) is a branch of situational crime prevention that maintains the basic premise that the physical environment can be designed or managed to produce behavioral effects that will reduce the incidence and fear of crime. The Police Department has reviewed the site plan for the subject property, and has provided staff with several comments pertaining to security on-site and adherence to the CPTED principles. These comments will be included in the development order as conditions of approval. LIGHTING Although site lighting currently exists, the applicant has submitted a photometric plan in order to bring the site lighting up to date with the City Code requirements. Upgrades to the lighting are being proposed for the areas associated with the emergency department expansion and the new doctors’ parking lot. All proposed parking lot lights adjacent to the property lines will provide house-side shields and provide recessed light fixtures to prevent glare. The proposed lighting will meet current code light level requirements and will improve the existing glare problems. Under canopy lights for the emergency and ambulance departments drop off areas will be recessed to minimize spill over light outside of the canopy area. PHASING This existing master plan was originally approved with five (5) phases. As with many projects, as years pass, patient needs and priorities change and so the sequence of the improvements did not necessarily follow the original phasing plan. The master plan being submitted with this application has been modified to show the areas that are to be included in the current construction project as “proposed,” with previously approved, but un-built components of the master site plan indicated as “future.” The components proposed to be constructed with the expansion of the emergency Meeting Date: February 5, 2009 Ordinance 9,2009 and Resolution 1 1,2009 Page 8 of 15 Code Section department are identified on the phasing plan and include the central energy mechanical area, driveway and circulation improvements, the emergency department expansion, parking, landscaping and lighting improvements associated with the emergency department. Required/Allowed Provided Waiver/Deviation Recommendation WAIVER REQUESTS Section 78-1 53 Table 12 The applicant is requesting the following one (1) waiver: 64.3 foot 25.7 feet of Approval (1) setback setback 90 foot setback WAIVER CRITERIA: Section 78-1 58 (4. Criteria. A request for the city council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority of the criteria listed below. 1. 2. 3. 4. 5. 6. 7. 8. The request is consistent with the city's comprehensive plan. The request is consistent with the purpose and intent of this section. The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. The request for one or more waivers results from innovative design in which other minimum standards are exceeded. The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. Meeting Date: February 5, 2009 Ordinance 9,2009 and Resolution 1 1, 2009 Page 9 of 15 9. 10. 11. The request is not based solely or predominantly on economic reasons. The request will be compatible with existing and potential land uses adjacent to the development site. The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. **Please note that the applicant's waiver justification is attached to the staff report for your reference** Apdicant's Justification: The applicant is requesting a waiver from Section 78-153 Table 12 Property Development Regulations, which requires an additional 75' setback when abutting a residential zoning district to allow a 64.3' setback for the emergency department main entrance canopy and 75' setback for the emergency room expansion. The expanded setback requirement for structures in a PO district abutting a residential district increase the setback from 15' to 90'. The closest proposed structure to the property line requiring the additional setback is the proposed canopy. The proposed canopy is 64.3' from the property line and the right-of-way line of Gardens East Boulevard. Gardens East Boulevard is a 60' right-of-way, and therefore provides for a 124.3' setback from the residential property line on the other side of the street. The closest residential structure is approximately 180' from the corner of the canopy. Because the setback requirements are measured from the property line, it is necessary to request the waiver. However, the applicant believes the intent of the setback provision was to provide an adequate buffer when non-residential properties abut residential properties. Since these properties are separated by a right-of-way, there is an additional separation that would not otherwise have been provided and the applicant feels the intent of the setback has been met. There are two proposed canopies included as part of the renovation project, one for ambulance drop off and one for the main entrance drop off and pick up. The canopies have been designed in a way that provides the staff, public, and patients easier access, better circulation, and improved lighting. The location of the canopies were primarily dictated by the internal operations of the hospital, and the proposed consolidation of the emergency and out-patient waiting rooms and security checkpoint. The design solution addressing the existing conditions and desired improvements required the expansion of the floor plan, which forced the corner of the public access to the emergency department canopy into the setback. Although all other proposed building renovations are within the setback, the corner of the canopy for the public entrance encroaches into the expanded side street setback a distance of 10.7 feet. To minimize the impact to the adjoining neighborhood, the canopies were designed to minimize noise by allowing ambulances to circulate through the drop off area without having to back up, and a side wall was added to help to block light and noise. The landscape buffer adjacent to the Meeting Date: February 5, 2009 Ordinance 9,2009 and Resolution 11,2009 Page 10 of 15 area was doubled in width to 15'. The landscape plan has also taken into consideration the preservation and relocation of the existing trees to maximize the visual buffer and to minimize the aesthetic differences for the neighbors, following the renovations. Staffs Recommendation: It is staffs professional opinion that the Applicant's request for the waiver of 25.7 feet to allow a setback of 64.3 to the corner of the emergency department canopy has been justified. The proposed expansion of the emergency room will also require a waiver of 15 feet to allow a setback of 75 feet. Staff notes that the existing structure has a setback of 76 feet, or 14 feet within the required setback. The proposed renovation and expansion of the emergency department will provide for a higher quality of care, more efficient service to patients, new technology, improved aesthetic appearance, and will address many of the logistical issues associated with an older, existing facility. Approval of the requested waiver will allow the hospital to enhance public safety and provide several conveniences for visitors to the site. The proposed site plan brings several previous non-conformities and inconsistencies with the code into compliance by minimizing, reducing or eliminating the non-conformities. The proposed renovations to the emergency department will also bring the facility into compliance with current ADA requirements. Furthermore, the applicant has minimized potential impacts of the canopy by improving the ambulance circulation for more efficient function and a side wall was added to help block light and noise. Also, the applicant is providing twice as many landscape points as required. Therefore, staffrecornmends amroval ofthe Applicant s waiver request. CONDITIONAL USE OVERLAY ANALYSIS The Palm Beach Gardens Medical Center was legally established in 1968, prior to the date of adoption of the ordinance that required Conditional Use approval. The project was subsequently approved as a PUD in 1991. In accordance with Section 78-52(f), the hospital use has been considered a legal nonconforming use. Under current code, the hospital use is considered a major conditional use. This analysis will establish compliance with the criteria in Section 78-52 for a modification of a Major Conditional Use for the existing facility and the proposed expansion of the emergency department. (1) Comprehensive Plan. The proposed use is consistent with the comprehensive plan. The Future Land Use Map (FLUM) designation for this property is P-Public and PO-Professional OfJice. The existing zoning is PO-Professional Ofice, which allows a hospital Oublic or private) as a conditional use. The zoning designation, the existing use, and the proposed construction are all consistent with the comprehensive plan. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this Meeting Date: February 5,2009 Ordinance 9,2009 and Resolution 11,2009 Page 11 of 15 chapter. The Palm Beach Gardens Medical Center is an existing facility with an approved PUD overlay. This request is to renovate and expand the existing emergency room, construct a previously approved central energy plant, upgrade landscaping and signage, designate a doctors ’parking area, provide a truck access route through the site, and clarifi notations and future approved development on the property. This application has addressed the applicable requirements of Chapter 78 and the use is consistent with the chapter requirements. (3) Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. A hospital, public or private, is a conditional use in the PO District. The provisions in Section 78-1 59, define a hospital as “Public or private hospital includes those institutions providing primary, secondary, or tertiary medical care, emergency medical services, including preventive medicine, diagnostic medicine, treatment and rehabilitative services, medical training programs, medical research, and may include association with medical schools or other medical institutions. ” This use is consistent with this provision. (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: (a) Providing for a safe and effective means of pedestrian access; Pedestrian access is provided throughout the site and additional connections to the public sidewalk are being proposed as a component of this application. (b) Providing for a safe and effective means of vehicular ingress and egress; Vehicular ingress and egress is provided through seven (7) existing driveways. Evaluation of the driveways was provided at the time of their permitting and approval. (c) Providing for an adequate roadway system adjacent to and in front of the site; Roadway access is provided by Burns Road and Gardens East Drive. Both roadways are city rights-of-way and are connected to a larger network of roads which provide convenient access to the community. (d) Providing for a safe and efficient onsite traffic circulation, parking, and overall control; and Meeting Date: February 5,2009 Resolution 1 1,2009 and Ordinance 9,2009 Page 12 of 15 Several modijkations are being proposed to improve on-site circulation and trafic control. The current truck route requires delivery trucks to enter the site from Gardens East Drive for convenient access to the loading area. The Applicant is requesting approval to allow construction of a driveway connection on the east side of the hospital which will allow trucks to circulate through the parking lot @om Burns Road and avoid using Gardens East Drive. The existing parking provided meets the current code requirements for the existing uses and proposed emergency department expansion. Future uses will require the balance of the parking areas to be constructed as needed. (e) Providing adequate access for public safety purposes, including fire and police protection. Access points into and out of the site are not being amended Access to the emergency department is being improved to provide more convenient drive through capabilities for the public and ambulance drop ofl (5) Screen and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: (a) Noise; The proposed site plan amendments have taken into consideration the noise impacts that currently exist as a result of the ambulances needing to back up by creating new drop offareas that allow the ambulances to pull into the drop off area. The new drop off areas for the emergency department and the ambulance entry now also include a solid roof andpartial side enclosure to absorb noise and light. (b) Glare; The lighting proposed to be installed will correct current glare issues and will meet code requirements for public health, safety and welfare. (c) Odor; The proposed expansions are not anticipated to have any odor causing functions. (d) Ground, wall, or roof mounted mechanical equipment; All roof top equipment associated with the proposed expansion will be screenedfiom public view. Screening of the existing roof top equipment will be provided through a series of alternative solutions and future expansions. (e) Perimeter, interior, and security lighting; Site lighting has been evaluated for compliance with current codes. Additional lighting will be provided in the areas adjacent to the emergency room expansion and the doctors 'parking lot. Light levels have been reduced to minimize impacts to the surrounding neighbors. (f) Signs; Existing site signage is proposed to be replaced with updated and more userfriendly signage to assist in providing way-finding and life safety information for the visitors and patients. (g) Waste disposal and recycling; The hospital currently has a program in place for waste, hazardous waste, and recycling disposal. Meeting Date: February 5, 2009 Resolution 1 1,2009 and Ordinance 9,2009 Page 13 of 15 (h) Outdoor storage of merchandise and vehicles; The existing outdoor storage areas are screened by existing landscaping and a wall. There are no new storage areas proposed as a result of this request. (I) Visual impact; The emergency department entrance has been designed to be compatible with the existing hospital, while incorporating new architectural elements to bring attention to the ‘inew entrance. ” The design will be pleasing and innovative while still maintaining consistency with the existing structure. (j) Hours of operation. The hospital emergency department is open 24 hours a day. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The proposed improvements will not impact existing or proposed utilities. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirement required by the chapter. All dimensional requirements have been met. (8) Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. We are not aware of the existence of a neighborhoodplan for this area. The applicant has a history of working with surrounding neighbors and anticipates continuing to do so to address any issues should the need arise. (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character or area development. The Palm Beach Gardens Medical Center has existed in this location since 1968, prior to the development of the surrounding uses. The development pattern of the surrounding uses has taken into consideration the proximity of the hospital and the character of the area is a mixture of residential and non-residential uses with the hospital as an anchor to provide health and medical services to the community. The proposed emergency department expansion will not change the character of the neighborhood, but will help to improve the quality of emergency service. (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The proposed expansion of the emergency department and the construction of the central energy plant will provide the community with improved services and quality of care. The interior renovations will bring the department into compliance with current ADA codes and help the hospital provide needed space to accommodate emergency patients and avoid having Meeting Date: February 5, 2009 Resolution 11,2009 and Ordinance 9,2009 Page 14 of 15 them transported to other hospitals because of lack of space or equipment. The proposed improvements are necessary to allow the hospital to provide services to the growing population of the city. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. The proposed hospital use is existing and consistent with the goals, policies and objectives of the city. The expansion of the emergency department is consistent with continuedsewice to the community. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The design of the emergency department has minimized the expansion area outside of the existing footprint, by renovating and incorporating existing space of other uses inside the building. The floor plan has been modiJied to minimize expansion and to have a more eficient use of space. The proposed design also provides additional public access points in closer proximity to parking areas, the relocation of the doctorsparking lot to provide public parking closer to the emergency department, improved circulation for truck deliveries, and improved circulation for ambulance and emergency drop off areas. Additional landscape areas have been incorporated to help screen the proposed expansion, and the existing trees have been proposed for relocation where practical with an emphasis on the buffer along Gardens East Drive. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impact on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. The proposed improvements will have little effect on the site as they are primarily located in previously developed portions of the site. All site modijcations will meet regulatory requirements as needed. PLANNING. ZONING, AND APPEALS BOARD (PZAB) On January 1 3,2009, the Planning, Zoning and Appeals Board (PZAB) recommended approval of the petition to City Council by a 7-0 vote. One member of the PZAB had the following comments and concerns: 0 The proposed truck delivery route is being relocated closer to the residential properties to the east (Sandalwood Estates). The PZAB believes it would be better to keep the truck delivery route on Gardens East Drive, or provide greater buffers to minimize the impact if approved to the new location. The applicant is responding to the City’s Code Compliance recommendation to relocate truck delivery access to and from Burns Road and not allow truck delivery access off of Gardens East Drive, because the width of the 2-lane road is not appropriate for such deliveries. Meeting Date: February 5,2009 Resolution 11,2009 and Ordinance 9,2009 Page 15 of 15 The public had concerns about existing noise and lighting nuisances, some of which may be exacerbated by the expansion of the emergency room. The applicant has been meeting with the concerned citizens regarding existing nuisances. Although the Palm Beach Gardens Medical Center has agreed to minimize the effect of certain nuisances in their control, others do not have an immediate solution. An example of such nuisance is a strobe light that is required by the Federal Aviation Authority on the hospital to ensure the flight safety and beacon identification for Traumahawk (helicopter ambulance). It is important to note that some nuisances that were brought to the City’s attention will be ameliorated by the petition, such as: Screening of mechanical equipment Relocation of the truck route Increase in landscaping on the west property line Improved circulation and canopy area for more efficient ambulance delivery. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 9,2009 and Resolution 1 1,2009 with one (1) waiver. PROJECT NARRATIVE PBG MEDICAL CENTER EMERGENCY DEPARTMENT RENOVATION August 22,2008 Amended December 2, 2008 Amended December 15, 2008 Amended January 5,2009 EXISTING USE SUBJECT PROPERTY: Medical Centerrnospital TO THE NORTH: Burns Road, Religious Center, Medical/Professional Office Buildings TO THE SOUTH: Sandalwood, Meridian Park and Breezewood Townhouses TO THE EAST: Sandalwood Estates LOCATIONLREQUEST ZONING FUTURE LAND USE PO P and PO RL3 - Religious Center RL PO - Medical and Professional Offices PO RM - Residential RM Townhomes RM - Residential RM To wnhom es RM - Residential RM is This is a request for an amendment to the existing PBG Medical Center PUD located on Bums Road in Palm Beach Gardens, to allow modifications to the approved master site plan to allow the renovation and expansion of the existing emergency department, modification of the approved landscape design, clarification of the approved future construction areas on the master site plan, and modifications to the site data table to bring it into compliance with current codes. HISTORYIZONING The PBG Medical Center was approved as a PUD in October 1991 by Ordinance 28,1991. The approved plans were subsequently amended by Resolution 92, 1992, Resolution 3,1995, Ordinance 26, 1995, Ordinance 35,2000, Ordinance 39,2001 and Resolution 68,2006. The current zoning designation is PO (Professional Office) with a Conditional Use Overlay. The site has a Future Land Use Plan designation of P-Public and PO-Professional Office. The current zoning and Future Land Use Plan designations are consistent with the approved PUD. Existing Zoning, Land Use Designations & Existing Uses I EXISTINGUSE I ZONING I FUTURE LAND USE I TO THE WEST: Townhomes Gardens East Drive and Cedar Gardens T~~~mes Professional Offices and Glenbrook Condo PO - Medical and PO Site Code Analysis SITE ANALYSIS: PBGMC - Emergency Dcparrment Renovation I I I I Comparison (per code Mowed Proposed unless otherwise noted) Open Space 15% (143,748st73.3 ac) 27.7% (265,373.9~06.09 ac) Yes Minimum Site Area 15000 sf 22.2 acres Yes Minimum Lot Width 100' 945' Yes Minimum Building Area None 33,2931 sf Yes Maximum Building Lot Coverage Maximum Building Height 3 5% 36 feet (Waiver for 49' MOB) 21.28% 1,2 and 3 story existing Existing Front I 25 feet I 25 feet I Side 15/27 feet 325 feet Yes Side Facing Street 15/75 feet 64.3 feet no Yes Rear I 15/27 feet I 300 feet I Required Emergency Dept - 1 sp per 200sf (64 sps) MOB - 1 sp per 200sf (318 sps) Ambul. Services Hospital - 2 spaces per bed (468 sps) 20 accessible 5 loading 5% bicycle(48 sps) - 1spI250 Sf (1 16 SPS) Emergency Dept - 12,654 sf (69 spaces) (345 spaces) Ambul. Services - 28,827 sf (1 28 spaces) Hospital - 234 beds (5 10 spaces) 27 accessible 6 loading 48 bicycle MOB - 63,500 sf 1 PBGMC - Emergency Department Rertoitation I I I I I Comparison (per code Allowed Proposed Compliance Waiver unless otherwise noted) Requested Stall Dimensions 10 feet x 18.5 feet 9'x 18.5' Previously approved waiver Number Allowed 1 for 300 feet of ROW fiontage, + 1 per additional 700 feet ROW frontage) Setbacks Dimensions ~ ~- 15 feet-fiom ROW line 50 feet-side propem line 15 A lengW10 A height maximum, 60 square feet face area maximum Directional Signs 1 per building, 2 buildings 1 55' from ROW line Yes 15 A length, 12' height, Existing 49.3 sf Sign base, to be refurbished with new sign face 10 Previously approved waiver Points 33,2 10 points 37,267.8 points Yes I Traffic/Circulation/Access The currently approved site plan requires the center entrance on Burns Road to be relocated to accommodate the future ofice building. The attached site plan has been amended to rotate the future office building to allow the existing entrance and driveway to remain in place. This adjustment to the site plan also improves the future circulation pattern of the service vehicles and trucks. No other changes are proposed to the entrances or exits of the site. A component of the proposed emergency department renovation allows improved ambulance access and circulation with new covered areas for both ambulance and emergency drop off. The modifications to the emergency department floor plan and drop-off areas require a slight re-alignment of the driveway and the parking adjacent to the emergency and out-patient services entrances. The parking area adjacent to the emergency department has previously been designated as reserved for the use of the doctors. Due to concerns regarding available parking in proximity to the entrances of the hospital, the hospital has responded with additional access points, a complementary valet parking program, and has agreed to open the doctor's reserved parking area to the public. PBGMC - Project Narrative Emergency Department Renovation August 22,2008 Amended December 2,2008 Amended December 15,2008 Amended January 5,2009 Page 4 The proposed renovations and expansion of the emergency department will allow for the updating and improvement of the current patient treatment areas by increasing the size of each treatment area, providing privacy, amenities, and improved technology. In an effort to improve efficiency and to reduce scheduling conflicts, the renovation will allow a new CT Scanner to be provided which is dedicated to the emergency department. The current emergency department has “treatment bays” which are separated by curtains. The increase in square footage will allow for larger “treatment rooms ” which will be separated by walls. Each room will have amenities such as a TV, and chairs for family members. There will also be treatment rooms dedicated to monitoring heart patients. The increase in square footage will make more efficient use of the space and allow for quicker senrice with the addition of “fast track” areas which will be used for minor injuries such as stitches. In addition to the improved treatment rooms, the existing waiting area will be increased in size and combined with the out-patient services waiting area to provide a more pleasant and efficient access point for visitors. It is not anticipated that the renovations will increase the number of patients that are serviced by the hospital, but rather will provide an improvement to the efficiency and quality of care for the current volume of patients. Phasing This existing master plan was originally approved with 5 phases. As with many projects, as years pass patient needs and priorities changed and so the sequence of the improvements did not necessarily follow the original concept of the approved phasing plan. The master plan being submitted with this application has been modified to show the areas that are to be included in the current construction project as “proposed”, with previously approved, but un-built components of the master site plan indicated as “future”. The components proposed to be constructed with the expansion of the emergency department are identified on the phasing plan and include the Central Energy Plant, driveway and circulation improvements, the emergency department, and parking, landscaping and lighting improvements associated with the emergency department. Architecture The proposed emergency department renovation architectural design has attempted to incorporate some unique elements of glass and a curved facade to create a “face lift” for the new ‘‘front door” of the hospital. The colors and materials will tie into the existing structure, with complementary accent colors to differentiate the entrance area for convenient way-finding. The proposed central energy plant expansion will be consistent with the existing architectural style, color and materials of the adjacent and surrounding structure. PBGMC - Project Narrative Emergency Department Renovation August 22,2008 Amended December 2,2008 Amended December 15,2008 Page 5 Lighting Upgrades to the lighting are being proposed for the areas associated with the emergency department expansion and the new doctor’s parking lot. All proposed parking lot lights adjacent to the property lines will provide house side shields and provide recessed light fixtures to prevent glare. The proposed lighting will meet current code light level requirements and will improve the existing glare problems. Under canopy lights for the emergency and ambulance departments drop off areas will be recessed to minimize spill over light outside of the canopy area. Landscape Plans The proposed landscape plan for the area around the emergency department expansion has been designed to take the screening of the existing neighbors into consideration through the re-use and relocation of the large Oak trees and through the increase in size of the landscape buffer. The design of the newly expanded footprint, minimizes the amount of landscaping at the entrances to the emergency department and the ambulance entrance so the foundation landscaping has been clustered along the facade to meet code requirements. In addition, the landscaped areas adjacent to the emergency room parking area has been increased and supplemented with relocated trees and shrubs. The landscape areas adjacent to the proposed emergency department renovation have also been enhanced with additional shrubs, and ground covers. The Oak trees that have been displaced as a result of the driveway shift have been relocated, and the parking islands have been increased in width. An adjustment to the buffer has been made which removes parking spaces and increases the buffer to 15 feet, bringing it into compliance with current code and providing a denser buffer adjacent to the street. As part of an overall site improvement plan, the applicant would like to begin a phased replacement of the shrubs and ground covers that have become overgrown and/or sparse. The attached landscape plan incorporates previously approved plans and also shows areas of plant replacement which include the parking islands, buffers and certain foundation planting areas, however, the applicant is aware that the implementation of the designs outside of Phase 1 will require additional approvals. Parking The attached site plan reflects the previously approved overall parking areas, with some minor adjustments. For clarification the data table has been updated to incorporate current parking code requirements. The previously approved site plan required a waiver for the ratio of future parking spaces. The current site plan is able to accommodate all required parking spaces and eliminates the need for the waiver. PBGMC - Project Narrative Emergency Department Renovation August 22,2008 Amended December 2,2008 Amended December 15,2008 Page 6 A common complaint heard by the applicant is that there is not adequate parking on site. Although the site provides more than the required parking, unfortunately, the parking areas are located a good distance away from the entrance points into the hospital. To address these concerns, the applicant has instituted a complementary valet parking program, and as part of the emergency department renovations, will be providing several new access points into the hospital, including one that does not require going through the emergency room to enter the main hospital. They will also be adding a new sidewalk, which will be covered in the fbture, for more convenient access from the southern parking area. An additional access point will also be provided on the north east side of the hospital, as part of a future phase of construction, to provide more convenient access to the medical office space. A previously approved drop off area adjacent to the out-patient services area will be constructed as part of the emergency room expansion, which will also help in providing more convenient access to existing parking, and the parking area adjacent to the emergency department, which was previously reserved for the doctors, will be opened up for use by the public. Signage The applicant has recently introduced a new logo and is undergoing a renovation of the interior way-finding signage. Concurrently with this application they will be asking for approvals of a master signage program for the exterior signage, including directional signs, regulatory signs and building wall signs. They will also be seeking approval for permits for an upgrade to the existing main entrance sign. The proposed signage program attempts to address the concerns that the elderly visitors to the site have difficulty finding their way around. Because the code only allows one directional sign per building, the applicant previously received a waiver to allow 13 directional signs on site. The proposed sign package reduces the number of directional signs to 10. The new signage program will introduce a new color scheme and will tie the site together with consistent sign design and colors to update the esthetic appearance of the hospital. Drainage Drainage has previously been addressed as part of the approved master site plan and PUD approval. The proposed renovations and shifts will require minor adjustments to the existing retention areas but are not anticipated to impact the existing drainage system. Attached to this application are proposed conceptual engineering construction plans for the areas being proposed for construction with the emergency renovation and energy plant expansion. PBGMC - Project Narrative Emergency Department Renovation August 22,2008 Amended December 2,2008 Amended December 15,2008 Page 7 Waivers The applicant requests the following waiver: The applicant requests a waiver from Section 78-153 Table 12 Property Development Regulations, which requires an additional 75' setback when abutting a residential zoning district to allow a 64.3' setback for the emergency department main entrance canopy. The expanded setback requirement for structures in a PO district abutting a residential district, increase the setback from 15' to 90'. The proposed canopy is setback 64.3' from the Right-of-way line of Gardens East Blvd., a 60' Right-of-way, The proposed canopy will be setback 124.3' setback fiom the residential property line on the other side of the street. The closest residential structure is approximately 180' fiom the comer of the canopy. Because the setback requirements are measured from the Right-of-way line, it is necessary to request the waiver, however, the applicant believes the intent of the setback provision was to provide an adequate buffer when non-residential properties abut residential properties. Since these properties are separated by a Right-of-way, there is an additional separation that would not otherwise have been provided and the applicant feels the intent of the setback has been met. There are two proposed canopies included as part of the renovation project, one for ambulance drop off and one for the main emergency department entrance drop off and pick up. The canopies have been designed in a way that provides the staff, public and patient's easier access, better circulation, and improved lighting. The location of the emergency department expansion was dictated by the internal operations of the hospital, and the proposed consolidation of the emergency, ambulatory services, out-patient waiting rooms and the security checkpoint. Because of how the existing building is sited on the property and the angle of the building to the property line, the design solution addressing the existing internal conditions required the expansion of the floor plan and forced the corner of the emergency department and the canopy into the setback. The outpatient services department and the front of the existing hospital currently encroach into the expanded setback by 1 1.4 feet. The comer of the proposed canopy will encroach an additional 10.7 feet with a 64.3' setback to the property line. To minimize the impact to the adjoining neighborhood, the canopies were designed to minimize noise by allowing ambulances to circulate through the drop off area without having to back up, and a side wall was added to help to block light and noise. The landscape buffer adjacent to the area was doubled in width to 15' and the landscape plan has also taken into consideration the preservation and relocation of the existing trees to maximize the visual buffer and to minimize the esthetic differences for the neighbors, following the renovations. The proposed renovation and expansion of the emergency department will provide for a higher PBGMC - Project Narrative Emergency Department Renovation August 22,2008 Amended December 2,2008 Amended December 15,2008 Page 8 quality of care, faster and more efficient service to patients, new technology, improved esthetic appearance, and will address many of the logistical issues associated with an older existing facility. Approval of the requested waiver will allow the hospital to enhance public safety and provide several conveniences for visitors to the site. The proposed site plan brings several previous non-conformities and inconsistencies with the code into compliance by minimizing, reducing or eliminating the non-conformities. The proposed renovations to the emergency department will also bring the facility into compliance with current ADA compliance requirements. The applicant requests approval for a waiver of 25.7 feet to allow a setback of 64.3. to the corner of the emergency department canopy. August 22,2008 urban Ms. Kara Irwin, AICP, Administrator Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Urban Design Urban Planning Land Planning Landscape Architecture RE: PBG MEDICAL CENTER PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE RENOVATION OF THE EMERGENCY DEPARTMENT UDS REF.: #05-053.003 (PUD Dear Ms. Irwin: Please accept the attached materials as our request on behalf of Health Care Property Investors, Inc., for approval of a Planned Unit Development (PUD) Amendment application for modifications to the approved master site plan of the existing Palm Beach Gardens Medical Center. The 22.2 acre property is located on the southeast corner of Burns Road and Gardens East Drive. The primary purpose of the PUD amendment is to allow for the renovation and expansion of the existing Emergency Department, clarification and reorganization of the site plan to bring the parking calculations and site data into compliance with the cwent code, and improvements to the overall landscape design. Concurrently with the processing of this request, applications for Site Signage and Art in Public Places will also be submitted. The proposed renovation of the emergency department will allow for the updating and improvement ofthe current patient treatment areas by increasing the size of eachtreatment area, providingprivacy, amenities, and improved technology. In an effort to improve efficiency and to reduce scheduling conflicts, the renovation will allow a new CT Scanner to be provided which is dedicated to the emergency department. The current emergency department has 19 “treatment bays” which are separated by curtaim. The increase in square footage will allow for 20 larger “treatment rooms ” which will be separated by walls. Each room will have amenities such as a TV, and chairs for family members. There will also be four treatment rooms dedicated to monitoring heart patients. The increase in square footage will make more efficient use of the space and allow for quicker service with the addition of 4 “fast track” areas which will be used for minor injuries such as stitches. In addition to the improved treatment rooms, the existing waiting area will be increased in size and combined with the out-patient services waiting area to provide a more pleasant and efficient access point for visitors. 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 AWJ 26 ZOO8 561.366.1 100 www.UDSonline.com 561.366.1 11 1 fax C:\Documents d satiaBshbooth\Dcsktopsktop\Bricfusc\PBGMC ER Expansion 2007Mpplication InfO\Applicaiton Lcner.08 I408.wpd LCC35 Ms. Kara Irwin - PBGMC Emergency Department Renovation August 22,2008 Page 2 The proposed renovations will make access to the main hospital more convenient by locating several new access points on the west side of the hospital. In addition to the new entrances, to address complaints of parking availability, the private doctors parking area, located near the emergency department, will be opened to the public. As a part of this phase of construction, the applicant also proposes to construct a previously approved mechanical area which is called the Central Energy Plant, and add an additional cooling tower to the existing cooling towers located on the northeast side of the hospital. In an effort to address the code changes since the original approval, the site data table has been clarified and modified to meet current code requirements. With this submission, the applicant has re-evaluated the need to re-orient the loading dock and has determined that they prefer to maintain the loading dock in it’s current configuration. As a result, this has caused several minor adjustments to the approved master plan to allow the existing curb-cut and driveway to remain in it’s current location. The previously approved, un-built medical office building has been rotated, and the storage and dumpster area has been modified to accommodate space for the temporary morgue trailers. All of these changes are designated for fbture construction and are not a part of the emergency department renovation project. The previously approved master site plan had a number of phases identified that related to the proposed build-out date. The plan submitted today has attempted to clarify the status of the existing, proposed, and future development. Although there are a number of structures, parking spaces and amenities that have been previously approved, but currently remain un-built, the applicant believes they have satisfied the requirements for determining that they have satisfied the definition of “hild- out”. Included in this package, you will find a copy of a letter of support from the Business Development Board (BDB). The BDB has requested that the City consider this project for the Targeted Expedited Permitting Process (TEPP). Also included in this package is an executed Confidentiality Agreement. With your approval, the applicant requests the following schedule of Public Hearings: Planning Zoning and Appeals Board (PZAB): September 23rd City Council: October 16 They also request your approval to be allowed to submit their construction plans for permit review, immediately following the PZAB hearing. The applicant understands that they will not be eligible to receive a building permit until after the conclusion of the hearing process. For your consideration, attached please find one (1) copy of each of the following: 1. 2. Owner’s Agreement 3. Application Fee - $9,475.00 ($2475.00 base application fee + $5,000.00 civil engineering fee + $I, 000.00 legal fee +I, 000.00 advertising fee) (I check provided) Property Owners List and Affidavit CDoClrmeats and sdtio8shbooth\Dcsktop!€iriefcascWBGMC ER Expansion 2007\Application InfoL4pplicaiton Letter.08 1408.wpd Ms. Kara Irwin - PBGMC Emergency Department Renovation August 22,2008 Page 3 4. Letter fiom BDB 5. Confidentiality Agreement Three (3) copies of the following: 6. Recorded Plat, Plat Book 97, Pages 51 thru 52 Nine (9) copies of the following; 7. 8. 9. 10. 11. 12. 13. 14. Project Narrative Development Application Form Aerial Location Map Master Site Plan, prepared by Urban Design Studio and dated August 22,2008 Landscape Plans, prepared by Urban Design Studio and dated August 22,2008 Architectural Elevations, Floor Plans, Roof Plan, Life Safety Plan, and Demolition plan, prepared by Harvard Jolly Architects, with various dates. Survey, prepared by Jupiter Surveying, and dated August 21 , 2008 Site Engineering, Paving, Grading, and Drainage, and Water and Sewer Plans, prepared by Holland Engineering and dated August 21,2008. We hope you will find the attached satisfactory to meet the requirements of the City of Palm Beach Gardens. Thank you for your assistance with the processing of this request and please let me know if you will require any additional infomation regarding this submission. ~ e Booth Principal Attachments cc: Ruth Stewart w/attachments Cu)ocuments and SdtineshboothUksloopnefure\PBGMC ER Expansion 2007\APpkdtion InfoMpplicaiton Ldtcr.OS140S.Wpa . AJG 26 2008 OCT. 3.2008 11:lSAM PBC TRAFFIC ENG N0.012 P.2 September 30,2008 Mr, Stephen Mayer Sr. Planer Cby of Palm Beaoh Gardons lOS00 North Military Trail Palm Bsdch Qardena, FL 33410 a RE: FWm Beach Brrdenr Mlclkml Contor Expandon & Bulld.out EM uirion PmjmtY; OBoOoj TRAFFIC PERFORMANCE S'I'ANDARPS REVIEW Dsar %phon: The Palm Beach County Traflic plvisloh has revlowed tho revised treftic 6tuct';~ld the cupplmental matdl for the reulsd developmwt plan and buUddut exbwiat I of the pmrloudy approved hospital expandon project entrtled Palm Beach t3arrlmr W edl-I CentRl, punmt to the TramC Performance Standards ip Artlcle 12 of the Paln Beach CW!y Land DsvslOpm& Cd8. The proieCt lo dum- aa followo: Proposed Uses: New Daily Tripr: Now PH Mp8: Bulldaut: SE Qwdmt of Buns Road md Qaflme East DrW. Palm Beaoh Gardens 6243-42-07-41SOl4000 248,- SF Hospital, and 26,000 SF Medical Ofhe. I 1,600 SF Hospital Expansion, 37,600 SF Msdloal Office E p ansion and 2,500 SF Werehwm -all haw approve1 W~th 20.10 E ii Q-Out. 18,031 SF HosplW Expandon, 37,500 SF MdW Oflice E;.r;snslon and 2,600 SF Warehouse, 894 67 AM an4 36 PM. End of Year 2013 Mamud AM, MSCV TPS Aclmlnktn~uniclpdltles - Traffic Eirglnecving Division MA:d cc: Slwns & Whte, Ina MeMahon & Aswclates, Ino. Flk: cloned - TPS Mun. TMc Study Review P:\~Fn~~pr~vals~QO3doO January 18,2001 ORDINANCE 35,2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM TENET OF SOUTH FLORIDA HEALTH SYSTEMS FOR AN AMENDMENT TO THE PALM BEACH GARDENS MEDICAL CENTER PLANNED UNIT DEVELOPMENT WHICH WAS ORIGINALLY APPROVED BY ORDINANCE 28,1991 AND WAS SUBEQUENTLY AMENDED BY RESOLUTION 92, 1992, RESOLUTION 3, 1995 AND ORDINANCE 26, 1995; FEET OF PREVIOUSLY APPROVED UNBUILT MEDICAL CENTER USES LOCATED AT THE SOUTHEAST CORNER OF BURNS ROAD AND GARDENS EAST DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. APPROVING A CHANGE IN USES OF 81,600 SQUARE- WHEREAS, the City of Palm Beach Gardens received an application from TENET of South Florida Health Systems for an amendment to the Palm Beach Gardens Medical Center Planned Unit Development which was originally approved by Ordinance 28,1991 and was subsequently amended by Resolution 92, 1992, Resolution 3, 1995 and Ordinance 26, 1995 in order to change uses within 81,600 square feet of previously approved, yet unbuilt, Medical Center uses; and WHEREAS, the 22.12 acre Palm Beach Gardens Medical Center site, located at the southeast comer of Bums Road and Gardens East Drive, as more particularly described in Exhibit "A", is currently zoned Professional Office with a Planned Unit Development Overlay Zone; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the amendment of the Planned Unit Development (PUD) known as the Palm Beach Gardens Medical Center; and 13 WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the "Palm Beach Gardens Medical Center" PUD, located at the southeast comer of Bums Road and Gardens East Drive, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit a change in uses of 81,600 square feet of previously approved, yet unbuilt, medical center uses to allow for the construction of a 37,500 square foot medical office building, the addition of 30 hospital beds, the expansion of operating rooms, the intensive care unit, and the mechanical, storage and service areas. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Prior to Construction Plan approval, the applicant shall submit the original SFWMD permit. (City Engineer) Prior to issuance of first building permit, the applicant shall submit a Boundary Plat of the subject site to the City for review and approval. The plat shall be recorded prior to the issuance of the first building permit. (City Engineer) Prior to the issuance of first building permit and within 6 months of the issuance of the Development Order, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County. The PFA will be for the widening of Alternate AlA from RCA Boulevard to the new Loop Road from four-lanes to six-lanes. (City Engineer) Prior to commencement of construction of the widening (to six lanes) of Alternate A1A from RCA Boulevard to the new Loop Road and construction of the PGA Boulevard/Altemate A1A interchange, total development shall generate no more than 904 new daily trips. (City Engineer) All unsatisfied conditions of approvals deriving from Ordinance 28, 1991 and Ordinance 26, 1995, to the extent not modified 14 herein, remain in full force and effect. (Planning & Zoning) (6) The build-out date of this project is December 31, 2010 as referenced in the September 29, 2000 traffic impact analysis. For the purposes of this condition, the project shall be considered built-out if all building permits have been issued and the applicant is actively engaged in the development of the site. (Planning & Zoning) (7) All landscaping within the Bums Road right-of-way adjacent to the subject site shall be irrigated and maintained by the petitioner in accordance with the Land Development Regulations. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: 1. Number of Parking Spaces Required - Section 180, which requires 298 parking spaces based on 2 spaces per bed (30 beds proposed), I space per 200 s.f.. Medical Office Building (37,500 s.f. proposed), 1 space per 250 s.f. medical laboratory (12,000 s.f. proposed), 1 space per 2,000 s.f. warehouse (3,300 s.f. proposed), to allow for 255 spaces, a deficit of 43 spaces. 2. Minimum width for parking spaces - Section 179, which requires 10-foot wide parking spaces, to allow for 9-foot wide parking spaces. 3. Number of Wall Signs - Section 136, which allows for one wall sign per building/principal tenant, to allow for 4 wall signs on Hospital Building and 2 wall signs on Medical Office Building. 4. Number of Ground Signs - Section 136, which allows for 3 monument signs, 7 entrance/exit signs, and three directional signs, to allow for 13 directional signs. 5. Maximum Building Height in Public/lnstitutional is 45 feet, to allow for 49- foot high Medical Office Building. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: Official Exhibits: 1. 2. 3. 4. 9/18/00 Cover Sheet/lndex of Drawings 1/9/01 Master Plan, Oliver Glidden Partners 11/14/00 Alternate Master Plan, 10 wide hospital use stalls, Sheet A1 .Oa 1 111 3/00 Alternate Master Plan (without 43 spaces, Sheet A1 .Ob 15 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 1 1/13/00 Master Phasing Plan, Sheet A 1.1 1/9/01 Signage Plan, Sheet Al.2 5/1/00 Radiology Addition, Sheet A2.0 5/1/00 Mechanical and Electrical Additions, Sheet A2.1 5/1/00 3‘ Story Hospital Addition, Sheet A2.2 5/1/00 3‘ Story Hospital Addition, Sheet A2.3 11/21/00 Medical Office Building, Sheet A3.0 5/1/00 Medical Ofice Building, Sheet A3.1 5/1/00 Medical Office Building, 2”d and 3d Floor Plan, Sheet A3.2 5/1/00 Roof Plan, Sheet A3.3 9/8/00 Building Elevations, Sheet A3.4 11/14/00 Bums Road Street Elevation (M.O.B.), Sheet A3.4a 9/8/00 Building Elevations, Sheet A3.5 9/8/00 Loading/Storage, Material Management, Sheet A4.0 9/8/00 Building Elevation, Sheet 5.0 11/14/00 Lighting Plan, Sheet SPE 1 1/21 100 Landscape Plans, Environmental Design Group, Sheets 11/27/00 Conceptual Drainage Plan, Kimley Horn, Sheet CDP 1 1/21/00 Boundary and Topographic Survey 1-7 Supporting Documents: 1. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the Ci of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. September 29,2000 Traffic Impact Analysis, Kimley-Horn. PLACED ON FIRST READING THIS ?@DAY OF?e PLACED ON SECOND READING THIS / PASSED AND ADOPTED THIS / ’‘ DAY OF 6 k 2001. 2000. DAY OF 619 . 2001. 16 VlwMAYO& ERIC bABLlN TAD0 COUN~LMAN CARL SABATELLO .,*- ' ' ---- -. -fl -t VOTE: AYE MAYOR RUSSO 0 VICE MAYOR JABLIN L COUNCILMAN CLARK / COUNCILMAN SABATELLO / COUNCILWOMAN FURTADO / G :\Short Range\pud9907or.doc 17 NAY ABSENT EXHIBIT A Legal Description of the Property PARCEL A: A PARCEL OF LAND LYING' IN S~L7ION 7, TWNSIIIP b2 Swf71, RANGE 43 UST, PAL)( 8UCll COUNTY, FWWIDA, DEINC HORE PARTICUUHLT DESCRIBED AS FOLWS! COMMUICING.* AT 'T1lE POINT OF 1NTF,RSECfION OF 1llE CENTER LINE OF 7116 FLURIUA CAST COAST RAILWAY RIGHT OF WAY AND THE EAST-WEST WARTER SFLTION LINE OF SECTION 7, TOWNSlIIP 42 SWlH, RANGE 4J EAST, PAW 8F.ACll CWNTY, FWRlUAi TIIENCE SOLml 88'38'15" EAST, AWN(; SAID EAST-WEST WARTER SEC71ON LINE, A DISTAtCE OF 51.86 FEET TO A POINT (ACCORDING To THE RlGllT OF WAY ANU TRACl MAP OF nlE FWRIDA EAST COAST RAILWAY CO., SAID CU(1T.R LINE OF MIE FWRIUA EAST COAST RAILWAY RIG'IIT OF YAY REARS NURTII 14'01 '00" VFST AT 1111s I'OlNT AND ALL 0TMF.R BEARINCS STATED IIF.RE1N ARE RELATIVE 11lERCW)t lllENHc6 NORTll 75'59'01" FAST A DISlANCT, OF 131.W FEEf TO TllE BEC;INN.lNC OF A CURVE CONCAVE TO 'WE SOUTII, HAVING' A RAUIUS of 283,37 PEm AND A CENTRAL ANtiLE OF 15*22'65": THENCE EASTERI,'Y, AWNC 'THE ARC OF SAIU CURVE A DISTANCE OF 76.O6 FE&r TO THE UCD OF SAID CURVE1 TlIFHCE SOUTI1 88'38'15" EAST AWNG TIIF. TANGENT TU SAID CURVE, A DISTANCE OF 616.56 FE&T TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RAOIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 6'48'13": T116NCE F,ASTERI.Y, Al1IN(; nlE ARC OF SAIP CURVE, A DISTANCE OF lY9.76 FE&T TO TlIE END OF SA111 CURVE; nlENCE NORTll 8h'33'3On EAST AWNC TIE TANGENT EAST A DISTANCE OF 30 FEET TO THE l'UINT OF BEGINNING OF TllC HEREIN DLXXIBED PARCEL, SAID POINT BEING ON Tllb SOUTIIERLY RIGHT-OF-WAY LINE OF BURNS ROAD (60 FEET RIGHT-Of-WAY); nl&NCE CONTINUE SOUTII .05*26'30" EAST, DEPARTING FRUH SAID WTHERLY RICI~TIOF-WAY LINE, A IJISTANCE OF 219.16 FW A POINT; TIIFACE TO SAID CURVE, A DISTANCE or 631 .RI FEET ID A mwt; niFm SWI" os'26*~ NORTH 84.33'30'' EAST A DISTANCE OF 37.88 fEFT TU A POINTr TllENCE SWlll %'s3'OBn WST A DISTAHCE Of 23.32 FEE7 TO A rO1)rT; TIIENCE NORM 84'33'30" DISTANCE OF 29,75 FEt3' TO A POINT: THENCE NORTH 84.33'43" EAST A OISTANCE OF 17.43 FEEI' TO A POINT! THENCE SUUIll 49*68'68" EAST A DISTANCE OF 71.32 FEFT TO A YOfETr THENCE NORM 86'01'26'' EAST A DISTANCE OF 123.89 FEET 10 A POlNTi "MENCE SOUM 05'26'30" EAST A DlSTANCE OF 731.93 FEET t0 A POINT, SAID POINT BEING ON TH& NORTH LINE OF TllE PLAT Of tlERI(I1AN PARK, AS RECURDED 1H FIAT BWK 28, AT PAGE 31, PllPLIC RE(:ORI)S OF PAW BUCH COUNTY, TWRIDAi llIF.NCE SWnI 7S057'W*' W51, AIUNG TllE NORTII LINE OF SAID PLAT OF flEPIDIAN PARK, A DISTANCE OF 565.68 FEET TO A POINT, SAID RIINT BEING THE NORTIWEST CORNER OF SAfU PLAT OF HERIOIAN PARK, SAIL) POINT Ails0 BUNG ON TllE EASTERLY RIG'IIT-OF-wAt LINE Of GARUU EAST DRfVE (Go' RIGIIT-OF-YAY)! TIIENCE NORTII 16'02'95" WEST, ALONG TllE EASTERLY RXCIIT-OF-VAT LIWE OF SALU GARDEN EAST WST A DISTANCE OF 32.88 FE~ TO A POXNT~ nicm NORTII os026*~ua WFST A DRIVE AND DEPARTING FROH TllE NORnl LINE OF SAID PUT OF MERIDIAN PARK, A DISTANCE OF 1U73.92 FEET TU A FOINT OF CVRVE CONCAVE TU Tllb SOUTIIFAST, HAVING A RADIUS OF 25.0 FEU AND A CENlRAL ANGLE OF 98.36'25"; TIIFHCF. NORlllERLY, NORMEASTERLY AND EAST&RLY, ALONG TIE ARC OF SAID CURVE, A DISTANCE OF 43.U LINE OF SAID BURNS ROAD1 TNENCE NORTtI 86'33'30" EAST AWNG TllE TANCENT TO DISTANCE OF 396.69 FEET 1D THE POINT Of EffiINNING, CONTAINING IN ALL 13.91 ACRES, HORE OR LESS, FEET TO "HE UCD OF SAID CURVE, SAID WlNT BEING ON nlE SOUfllERLY RIG'llT-OF-wAY SAlD CURVE AND ALONG THE SOUTIlERLY RIWT-OF-WAY LIME OF SA1D BURNS ROAD, A CONTAlNINC IN ALL 7.65 ACRES. HORE UR LESS. OR8 6634 P9 1023 0 A PARCEL OF LAND LYINO IN SECnON 7, TOWSHIP 42 SOUTH, RANGE 43 EAST, PALh4 BEACH COUNN. ~NDA BEINO MOM PancuLZcRLy DESQUBED AS FOUWS: COKMENCINO AT 7"E POIKT OF IWERSECTIOPI OF THE CENTER LINE OF THE FLORIDA EST COM RAILWAY RIOHT OF WAY AND THI! W.WES7 QUARTER SECnON LINE OF SECTlON 7, TOWNSIUP 42 SOUTH, WOE 43 EAST, PALM BUCH COW, FLORIDA; 7"CE SOUTH U'WW EAST, ALONO SAID W WESr WAR= =ON UNE, A DIWMCE OF S1.86 FE€l' 70 A POI" (ACCX)RDINO 'ID TIE NOH" OF WAY AND 7RACl' MAP OF THE FLORIDA USI' COAST RAILWAY CO., SAID CENTER UNE OF WE JWRIM U" COMT'RAILWAY RlOHT OF WAY 8- NORTH 14'01W WEST AT THIS POINT AND ALL QTHEII BURINOS STATED ARE W1AmE THERETO); l"cE! NORTH 7VS401' EM" A DISfANCE OF 131.00 FEET TO THE BEGIFMINO OF A CURVE CONCAVE TO THE SOVTH, HAWNO A RADIUS OF 283.37 FEET AND A CENTRAL ANGLE OF 13'22'43'; THENCE EASTERLY, AlONG THE ARC OF SAtD CURVE A DISTANCE OF 76-06 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88'38,IS' EAST ALONG THE TANGEM TO SAID CURVE, A DISTANCE OF 61656 F€€r 70 ?HE BEGINMNO OF A CURVE CONCAVE 70 7XE NOR??4, HAWNO A RADIUS OF 168215 FEET AND A CENW ANOLE OF 6'18'15'; THENCE MRLY, AIDNO THE ARC OF SAID CURVE, A DISTANCE OF 199.76 FELT TO 7HE END OF SAlD CURVR THENCE NORm 84'33'30' EAST ALONO 'ME TUJOENT TO SAlD CURVE, A DISTANCE OF 631.81 W TO A POINT THENCE SOU7H 05'2630' l%ST A DISTANCE OF 30 FEFI' TO THE POINT OF EEOlNNINO OF "W HEREIN DESCRIBED PARCEL SAID POINT BEIS'O ON THE SOUTHERLY RIGHT-OF-WAY UNE OF BURNS ROAD (60 F€EI' RIGHT. OF*WAY); THENCE CONTINUE SOUTH 05'26'30' EFLST, DEPARTlNC FROM SAID S0U"WW-Y RJOM'OPWAY UNE A DISTANCE OF 219.16 TD A POlId'I! TI+E"CE GORW 84'3330' EAST A DISTANCE OF 37A8 FEET 7Q A POIHP, THWCE SOW SQ'S3'08' Ehm A DISTANCE OF a32 F€l?I''FD A POIKP, OF a-44 F€FI' 7Q A POIKI; SEJD POI" BUNG ON NORTH W33W M A DISI"ANCE OF S288 FEfi To A POW, "HENCE NORTH 05'26'37 WEST A DISTANCE S0fAlERX.Y RIOKTOF.WAY UNE OF SAD BURNS ROAD AND LYWO ON THE ARC OF A CURVE CONCAVE TO THE SOm HAVINO A RADIUS OF 943.91 FEET, A ANOLE OF 00'4527 AND A RADIUS BEAREYO AT TIUS POW OF SOW74 O('401' EASI? ma WESIFRtY, -NO THE ARC OF SAID CURVE AND ALONG SOWERLY RIGHT9F*WAY LINE OF WD BURNS ROAD. A DISTUCE OF 12.48 FEFT TO THE POINT OF TANGENT OF SAID CURVEc THENCE S~U"l74 M'U'30' WEST' CONTINUINO ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID BURNS ROAD. A DfS'I'ANCE OF 94-90 FEET TO THE POI" OF BEGINNINO. PARCEL 'C AR- 0.56 ACRES, MORE OR LESS. TOTAL RET AREA OF PARCELS 'A', '8', AND"C; 2212 ACRES, MORE OR LESS. SUBJECT TO RlGHTS=OF*WAY, EASEMENTS AND OTHER MATIERS OF RECORD. EXHIBIT A I -y.cllu 1 [E m:er g encylRo-o rn .J 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 9,2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING ORDINANCE 35, 2000, WHICH APPROVED THE PALM BEACH GARDENS MEDICAL CENTER PLANNED UNIT DEVELOPMENT (PUD) IN ORDER TO AMEND THE CONDITIONAL USE APPROVAL, SITE PLAN APPROVAL, AND RELATED CONDITIONS; PROVIDING THAT FUTURE AMENDMENTS TO THE PUD MAY BE MADE BY RESOLUTION OF THE CITY COUNCIL; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Palm Beach Gardens Medical Center PUD was originally approved by the adoption of Ordinance 28, 1991 on October 3, 1991, and was subsequently amended by Ordinance 35, 2000, Ordinance 39, 2001 , and Resolution 68, 2006; and WHEREAS, the City hereby incorporates Ordinance 28, 1991 , Ordinance 35, 2000, Ordinance 39, 2001, Resolution 68, 2006, and all of their respective approvals, waivers, conditions of approval, and exhibits herein by reference and makes them a part hereof, all of which shall remain in full force and effect except as amended herein; and WHEREAS, the City has received a request (PUDA-08-08-000019) from Urban Design Studio, on behalf of Health Care Property Investors, Inc., for approval from the City of Palm Beach Gardens for an amendment to a portion of the previously-approved master site plan; and WHEREAS, the Growth Management Department has reviewed the application and has determined that it is more appropriate that the site plan approval and the conditions related thereto be transferred to a separate Resolution of the City Council; and WHEREAS, on January Board reviewed the application conditions stated herein; and 13, 2009, the City’s Planning, Zoning, and Appeals and recommended that it be approved subject to the 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 Ordinance 9, 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 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. 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. Section 1 of Ordinance 35, 2000 is amended to read: The Citv Council of the Citv of Palm Beach Gardens, Florida hereby approves a rezoning from Professional Office (PO) to Professional Office (PO) with an overlving designation of Planned Unit Development (PUD) on the property more particularlv described as follows: :", F- LEGAL DESC RI PTION: PARCEL A: A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE QUARTER SECTION LINE OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88"38'15" EAST, ALONG FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY AND THE EAST-WEST SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 51.86 FEET TO A POINT (ACCORDING TO THE RIGHT-OF-WAY AND TRACT MAP OF THE FLORIDA RAILWAY RIGHT-OF-WAY BEARS NORTH 14"01'00" WEST AT THIS POINT AND EAST COAST RAILWAY CO., SAID CENTERLINE OF THE FLORIDA EAST COAST ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO); THENCE NORTH 75"5901" EAST A DISTANCE OF 131.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 283.37 FEET AND A 2 Ordinance 9, 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 CENTRAL ANGLE OF 15'22'45"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88'38'15'' EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 06'48'15"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.76 FEET TO THE END OF SAID CURVE; THENCE NORTH 84'33'30' EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 631.81 FEET TO A POINT; THENCE SOUTH 05'26'30" EAST, A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BURNS ROAD (60 FEET RIGHT-OF-WAY); THENCE CONTINUE SOUTH 05'26'30" EAST, DEPARTING FROM SAID SOUTHERLY RIGHT- OF-WAY LINE, A DISTANCE OF 219.16 FEET TO A POINT; THENCE NORTH 84'33'30" EAST A DISTANCE OF 37.88 FEET TO A POINT; THENCE SOUTH 50'53'08" EAST A DISTANCE OF 23.32 FEET TO A POINT; THENCE NORTH 84'33'30" EAST A DISTANCE OF 52.88 FEET TO A POINT; THENCE NORTH 05'26'30" WEST A DISTANCE OF 29.75 FEET TO A POINT; THENCE NORTH 84'33'43" A DISTANCE OF 17.43 FEET TO A POINT; THENCE SOUTH 49'48'48" EAST A DISTANCE OF 71.82 FEET TO A POINT; THENCE NORTH 84'01'26" EAST A DISTANCE OF 123.89 FEET TO A POINT; THENCE SOUTH 05'26'30" EAST A DISTANCE OF 751.93 FEET TO A POINT; SAID POINT BEING ON THE NORTH LINE OF THE PLAT OF MERIDIAN PARK, AS RECORDED IN PLAT BOOK 28, AT PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 75'57'05" WEST, ALONG THE NORTH LINE OF SAID PLAT OF MERIDIAN PARK, A DISTANCE OF 565.68 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF SAID PLAT OF MERIDIAN PARK, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF GARDEN EAST DRIVE (60 FEET RIGHT-OF- WAY); THENCE NORTH 14'02'55" WEST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID GARDEN EAST DRIVE AND DEPARTING FROM THE NORTH LINE OF SAID PLAT OF MERIDIAN PARK, A DISTANCE OF 1075.92 FEET TO A POINT OF CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.0 FEET AND A CENTRAL ANGLE OF 98'36'25"; THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 43.02 FEET TO THE END OF SAID CURVE, SAID POINT BEING ON THE SOUTHERLY RIGHT- OF-WAY LINE OF SAID BURNS ROAD; THENCE NORTH 84'33'30'' EAST ALONG THE TANGENT TO SAID CURVE AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID BURNS ROAD, A DISTANCE OF 396.69 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 13.91 ACRES, MORE OR LESS. TOGETHER WITH: 3 Ordinance 9, 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 PARCEL B: A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 43 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE QUARTER SECTION LINE OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88'38'15" EAST, ALONG FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY AND THE EAST-WEST SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 51.86 FEET TO A POINT (ACCORDING TO THE RIGHT-OF-WAY AND TRACT MAP OF THE FLORIDA RAILWAY RIGHT-OF-WAY BEARS NORTH 14'01'00" WEST AT THIS POINT AND EAST COAST RAILWAY CO., SAID CENTER LINE OF THE FLORIDA EAST COAST ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO); THENCE NORTH 75'5901" EAST A DISTANCE OF 131.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 283.37 FEET AND A CENTRAL ANGLE OF 15'22'45"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88'38'15" EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 6'4815"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.76 FEET TO THE END OF SAID CURVE; THENCE NORTH 84'33'30" EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 726.71 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 973.91 FEET AND A CENTRAL ANGLE OF 11 "43'31''; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 199.30 FEET TO THE END OF SAID CURVE; THENCE SOUTH 83'43'00" EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 248.55 FEET TO A POINT; THENCE SOUTH 14'02'55'' EAST A DISTANCE OF 31.99 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BURNS ROAD (60 FEET RIGHT-OF-WAY), SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE PLAT OF SANDALWOOD ESTATES, AS RECORDED IN PLAT BOOK 32, AT PAGES 167 THROUGH 171, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE CONTINUE SOUTH 14'02'55" EAST ALONG THE WEST LINE OF SAID PLAT OF SANDALWOOD ESTATES, A DISTANCE OF 888.56 FEET TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF THE PLAT OF MERIDIAN PARK, AS RECORDED IN PLAT BOOK 28, AT PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 75'57'05"WEST ALONG THE NORTH LINE OF SAID PLAT OF MERIDIAN PARK AND DEPARTING FROM THE WEST LINE OF SAID PLAT OF SANDALWOOD ESTATES, A DISTANCE OF 379.32 FEET TO A POINT; THENCE NORTH 05'26'30" WEST, DEPARTING FROM THE NORTH LINE OF SAID PLAT OF MERIDIAN PARK, A DISTANCE OF 751.93 FEET TO A POINT; THENCE SOUTH 84'0126" WEST A DISTANCE OF 123.89 FEET TO A POINT; THENCE NORTH 49'48'48" WEST A DISTANCE OF 71.82 4 Ordinance 9, 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 FEET TO A POINT; THENCE SOUTH 84'33'43" WEST A DISTANCE OF 17.43 FEET TO A POINT; THENCE NORTH 05'26'30" WEST A DISTANCE OF 205.69 FEET TO A POINT LYING ON THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 943.91 FEET, A CENTRAL ANGLE OF 10'58'03" AND A RADIAL BEARING AT THIS POINT OF SOUTH 04'41'03" WEST, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID BURNS ROAD; THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND THE SOUTHERLY RIGHT-OF- WAY LINE OF SAID BURNS ROAD, A DISTANCE OF 180.68 FEET TO THE END OF SAID CURVE; THEN SOUTH 83'43'00" EAST ALONG THE TANGENT TO SAID SAID BURNS ROAD, A DISTANCE OF 259.67 FEET TO THE POINT OF BEGINNING. CURVE AND CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF CONTAINING IN ALL 7.65 ACRES, MORE OR LESS. TOGETHER WITH: PARCEL C: A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE QUARTER SECTION LINE OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88'38'15" EAST, ALONG FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY AND THE EAST-WEST SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 51.86 FEET TO A POINT (ACCORDING TO THE RIGHT-OF-WAY AND TRACT MAP OF THE FLORIDA RAILWAY RIGHT-OF-WAY BEARS NORTH 14'01'00" WEST AT THIS POINT AND EAST COAST RAILWAY CO., SAID CENTER LINE OF THE FLORIDA EAST COAST ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO); THENCE NORTH 75'59'01" EAST A DISTANCE OF 131 .OO FEET TO THE BEGINNING OF THE CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 283.37 FEET AND A CENTRAL ANGLE OF 15'22'45"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88'38'15" EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 06'48'15"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.76 FEET TO THE END OF SAID CURVE; THENCE NORTH 84'33'30' EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 631.81 FEET TO A POINT; THENCE SOUTH 05'26'30" EAST A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY OF BURNS ROAD (60 FEET RIGHT-OF-WAY); THENCE CONTINUE SOUTH 05'26'30" EAST, DEPARTING FROM SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 219.16 FEET TO A POINT; THENCE NORTH 84'33'30" EAST 5 Ordinance 9, 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 A DISTANCE OF 37.88 FEET TO A POINT; THENCE SOUTH 50'53'08' EAST A DISTANCE OF 23.32 FEET TO A POINT; THENCE NORTH 84'33'30" EAST A DISTANCE OF 52.88 FEET TO A POINT; THENCE NORTH 05'26'301 WEST A DISTANCE OF 235.44 FEET TO A POINT, SAID POINT BEING ON THE SOUTHERLY CURVE CONCAVED TO THE SOUTH, HAVING A RADIUS OF 943.91 FEET, A CENTRAL ANGLE OF OO"45'27" AND A RADIAL BEARING AT THIS POINT OF SOUTH 04'41'03" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE DISTANCE OF 12.48 FEET TO THE POINT OF TANGENT OF SAID CURVE; RIGHT-OF-WAY LINE OF SAID BURNS ROAD AND LYING ON THE ARC OF A AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID BURNS ROAD, A THENCE SOUTH 84'33'30' WEST, CONTINUING ALONG THE SOUTHERLY RIGHT- OF-WAY LINE OF BURNS ROAD, A DISTANCE OF 94.90 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 0.56 ACRES, MORE OR LESS. TOTAL AREA OF PARCELS A, B, AND C: 22.12 ACRES, MORE OR LESS. LESS RIGHT-OF-WAY FOR BURNS ROAD, IN OFFICIAL RECORDS BOOK 7205, PAGE 470 = 0.1 1 ACRES. TOTAL NET AREA PER DEEDS = 22.01 ACRES, MORE OR LESS. SECTION 3. Any and all future amendments to the Gardens Medical Center PUD plans, major conditional use, conditions of approval, and waivers shall be approved by resolution of the City Council, except as otherwise provided in the Palm Beach Gardens Code of Ordinances. 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 granted to codify this Ordinance. SECTION 6. This Ordinance shall become effective immediately upon adoption. 6 Ordinance 9, 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 PASS ED 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 BY. -.. R. Max Lohman, Interim City Attorney FOR AGAl NST ABSENT G:\attorney-share\ORDINANCES\2009\0rdinance 9 2009 Gardens Medical Center.doc 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 11,2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE DEVELOPMENT PLANS FOR THE GARDENS MEDICAL CENTER PLANNED UNIT DEVELOPMENT (PUD), GENERALLY LOCATED ON THE SOUTHEAST CORNER OF BURNS ROAD AND GARDENS EAST DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Palm Beach Gardens Medical Center PUD was originally approved by the adoption of Ordinance 28, 1991 on October 3, 1991, and was subsequently amended by Ordinance 35, 2000, Ordinance 39, 2001 , and Resolution 68, 2006; and WHEREAS, the City hereby incorporates Ordinance 28, 1991 , Ordinance 35, 2000, Ordinance 39, 2001, Resolution 68, 2006, and all of their respective approvals, waivers, conditions of approval, and exhibits herein by reference and makes them a part hereof, all of which shall remain in full force and effect except as amended herein; and WHEREAS, the City has received a request (PUDA-08-08-000019) from Urban Design Studio, on behalf of Health Care Property Investors, Inc., for approval from the City of Palm Beach Gardens for an amendment to a portion of the previously-approved master site plan; and WHEREAS, on January 13, 2009, the City’s Planning, Zoning, and Appeals Board reviewed the application and recommended that it be approved subject to the conditions stated herein; 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 -~ ~ 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 11, 2009 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. Petition PUDA-08-08-000019 is hereby APPROVED on the following described real property to allow modifications to the site plan for the expansion of an existing institutional use known as the Gardens Medical Center to include the renovation of portions of the existing site and expansion of an existing major conditional use Emergency Care Department by 6,431 square feet, expansion of a central energy mechanical room by 1,500 square feet, and minor modifications to improve circulation, parking, and landscaping, located on the southeast corner of Burns Road and Gardens East Drive, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRl PTION: PARCEL A: A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE QUARTER SECTION LINE OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNN, FLORIDA; THENCE SOUTH 88'381 5" EAST, ALONG FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY AND THE EAST-WEST SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 51.86 FEET TO A POINT (ACCORDING TO THE RIGHT-OF-WAY AND TRACT MAP OF THE FLORIDA RAILWAY RIGHT-OF-WAY BEARS NORTH 14"01'00" WEST AT THIS POINT AND EAST COAST RAILWAY CO., SAID CENTERLINE OF THE FLORIDA EAST COAST ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO); THENCE NORTH 75'59'01" EAST A DISTANCE OF 131.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 283.37 FEET AND A CENTRAL ANGLE OF 15'22'45"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88'38'15" EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 06'48'15"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.76 FEET TO THE END OF SAID CURVE; THENCE NORTH 84'33'30' EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 631.81 FEET TO A POINT; THENCE SOUTH 05'26'30" EAST, A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BURNS ROAD (60 FEET RIGHT-OF-WAY); THENCE CONTINUE SOUTH 05'26'30" EAST, DEPARTING FROM SAID SOUTHERLY RIGHT- OF-WAY LINE, A DISTANCE OF 219.16 FEET TO A POINT; THENCE NORTH 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 11, 2009 84'33'30" EAST A DISTANCE OF 37.88 FEET TO A POINT; THENCE SOUTH 50'53'08" EAST A DISTANCE OF 23.32 FEET TO A POINT; THENCE NORTH 84'33'30" EAST A DISTANCE OF 52.88 FEET TO A POINT; THENCE NORTH 05'26'30" WEST A DISTANCE OF 29.75 FEET TO A POINT; THENCE NORTH 84'33'43" A DISTANCE OF 17.43 FEET TO A POINT; THENCE SOUTH 49'48'48" EAST A DISTANCE OF 71.82 FEET TO A POINT; THENCE NORTH 84'01'26" EAST A DISTANCE OF 123.89 FEET TO A POINT; THENCE SOUTH 05'26'30" EAST A DISTANCE OF 751.93 FEET TO A POINT; SAID POINT BEING ON THE NORTH LINE OF THE PLAT OF MERIDIAN PARK, AS RECORDED IN PLAT BOOK 28, AT PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 75'57'05" WEST, ALONG THE NORTH LINE OF SAID PLAT OF MERIDIAN PARK, A DISTANCE OF 565.68 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF SAID PLAT OF MERIDIAN PARK, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF GARDEN EAST DRIVE (60 FEET RIGHT-OF- WAY); THENCE NORTH 14'02'55" WEST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID GARDEN EAST DRIVE AND DEPARTING FROM THE NORTH LINE OF SAID PLAT OF MERIDIAN PARK, A DISTANCE OF 1075.92 FEET TO A POINT OF CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.0 FEET AND A CENTRAL ANGLE OF 98'36'25"; THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 43.02 FEET TO THE END OF SAID CURVE, SAID POINT BEING ON THE SOUTHERLY RIGHT- OF-WAY LINE OF SAID BURNS ROAD; THENCE NORTH 84'33'30'' EAST ALONG THE TANGENT TO SAID CURVE AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID BURNS ROAD, A DISTANCE OF 396.69 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 13.91 ACRES, MORE OR LESS. TOGETHER WITH: PARCEL B: A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 43 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE QUARTER SECTION LINE OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88'38'1 5" EAST, ALONG FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY AND THE EAST-WEST SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 51.86 FEET TO A POINT (ACCORDING TO THE RIGHT-OF-WAY AND TRACT MAP OF THE FLORIDA RAILWAY RIGHT-OF-WAY BEARS NORTH 14'01'00" WEST AT THIS POINT AND EAST COAST RAILWAY CO., SAID CENTER LINE OF THE FLORIDA EAST COAST ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO); THENCE NORTH 75'59'01" EAST A DISTANCE OF 131.00 FEET TO THE BEGINNING OF A 3 Resolution 11, 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 CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 283.37 FEET AND A CENTRAL ANGLE OF 15'22'45"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88'38'15" EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 6'4815"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.76 FEET TO THE END OF SAID CURVE; THENCE NORTH 84'33'30" EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 726.71 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 973.91 FEET AND A CENTRAL ANGLE OF 11'43'31"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 199.30 FEET TO THE END OF SAID CURVE; THENCE SOUTH 83'43'00" EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 248.55 FEET TO A POINT; THENCE SOUTH 14'02'55" EAST A DISTANCE OF 31.99 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BURNS ROAD (60 FEET RIGHT-OF-WAY), SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE PLAT OF SANDALWOOD ESTATES, AS RECORDED IN PLAT BOOK 32, AT PAGES 167 THROUGH 171, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE CONTINUE SOUTH 14'02'55'' EAST ALONG THE WEST LINE OF SAID PLAT OF SANDALWOOD ESTATES, A DISTANCE OF 888.56 FEET TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF THE PLAT OF MERIDIAN PARK, AS RECORDED IN PLAT BOOK 28, AT PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 75'57'05" WEST ALONG THE NORTH LINE OF SAID PLAT OF MERIDIAN PARK AND DEPARTING FROM THE WEST LINE OF SAID PLAT OF SANDALWOOD ESTATES, A DISTANCE OF 379.32 FEET TO A POINT; THENCE NORTH 05'26'30" WEST, DEPARTING FROM THE NORTH LINE OF SAID PLAT OF MERIDIAN PARK, A DISTANCE OF 751.93 FEET TO A POINT; THENCE SOUTH 84'01'26" WEST A DISTANCE OF 123.89 FEET TO A POINT; THENCE NORTH 49'48'48" WEST A DISTANCE OF 71.82 FEET TO A POINT; THENCE SOUTH 84'33'43" WEST A DISTANCE OF 17.43 FEET TO A POINT; THENCE NORTH 05'26'30" WEST A DISTANCE OF 205.69 FEET TO A POINT LYING ON THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 943.91 FEET, A CENTRAL ANGLE OF IO"58'03" AND A RADIAL BEARING AT THIS POINT OF SOUTH 04'41'03" WEST, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID BURNS ROAD; THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND THE SOUTHERLY RIGHT-OF- WAY LINE OF SAID BURNS ROAD, A DISTANCE OF 180.68 FEET TO THE END OF SAID CURVE; THEN SOUTH 83'43'00" EAST ALONG THE TANGENT TO SAID SAID BURNS ROAD, A DISTANCE OF 259.67 FEET TO THE POINT OF BEGINNING. CURVE AND CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF CONTAINING IN ALL 7.65 ACRES, MORE OR LESS. 4 Resolution 11, 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 TOGETHER WITH: PARCEL C: A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE QUARTER SECTION LINE OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88'38'15" EAST, ALONG FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY AND THE EAST-WEST SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 51.86 FEET TO A POINT (ACCORDING TO THE RIGHT-OF-WAY AND TRACT MAP OF THE FLORIDA RAILWAY RIGHT-OF-WAY BEARS NORTH 14'01'00" WEST AT THIS POINT AND EAST COAST RAILWAY CO., SAID CENTER LINE OF THE FLORIDA EAST COAST ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO); THENCE NORTH 75'59'01" EAST A DISTANCE OF 131 .OO FEET TO THE BEGINNING OF THE CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 283.37 FEET AND A CENTRAL ANGLE OF 15'22'45"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88'38'15" EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 06'48'15"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.76 FEET TO THE END OF SAID CURVE; THENCE NORTH 84'33'301 EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 631.81 FEET TO A POINT; THENCE SOUTH 05'26'30' EAST A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY OF BURNS ROAD (60 FEET RIGHT-OF-WAY); THENCE CONTINUE SOUTH 05'26'30" EAST, DEPARTING FROM SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 219.16 FEET TO A POINT; THENCE NORTH 84'33'30" EAST A DISTANCE OF 37.88 FEET TO A POINT; THENCE SOUTH 50'53'08" EAST A DISTANCE OF 23.32 FEET TO A POINT; THENCE NORTH 84'33'30'' EAST A DISTANCE OF 52.88 FEET TO A POINT; THENCE NORTH 05'26'301 WEST A DISTANCE OF 235.44 FEET TO A POINT, SAID POINT BEING ON THE SOUTHERLY CURVE CONCAVED TO THE SOUTH, HAVING A RADIUS OF 943.91 FEET, A CENTRAL ANGLE OF 00'45'27" AND A RADIAL BEARING AT THIS POINT OF SOUTH 04'41'03" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE DISTANCE OF 12.48 FEET TO THE POINT OF TANGENT OF SAID CURVE; RIGHT-OF-WAY LINE OF SAID BURNS ROAD AND LYING ON THE ARC OF A AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID BURNS ROAD, A THENCE SOUTH 84'33'30" WEST, CONTINUING ALONG THE SOUTHERLY RIGHT- OF-WAY LINE OF BURNS ROAD, A DISTANCE OF 94.90 FEET TO THE POINT OF BEGINNING. 5 Resolution 11, 2009 1 2 3 4 5 6 7 8 9 IO 11 12 13 CONTAINING IN ALL 0.56 ACRES, MORE OR LESS. TOTAL AREA OF PARCELS A, B, AND C: 22.12 ACRES, MORE OR LESS. LESS RIGHT-OF-WAY FOR BURNS ROAD, IN OFFICIAL RECORDS BOOK 7205, PAGE 470 = 0.1 1 ACRES. TOTAL NET AREA PER DEEDS = 22.01 ACRES, MORE OR LESS. SECTION 3. This approval is subject to the following conditions of approval, which shall be the responsibility of the Applicant, its successors, or assigns: Planning and Zoning 14 15 1. 16 17 18 19 20 21 22 23 2. 24 25 26 27 28 29 3. 30 31 32 4. 33 34 35 36 37 38 39 5. 40 41 42 6. 43 44 45 46 Prior to the issuance of the first building permit, the Applicant shall comply with Section 78-262 of the City Code relative to Art in Public Places. The Applicant shall provide art on site or make a payment in lieu thereof. The Art in Public Places Advisory Board shall review and make a recommendation to the City Council on any proposed art on site. If the Applicant is providing public art on site, the art shall be installed prior to the issuance of the first Certificate of Occupancy, or as determined by the application for approval of the art. (Planning & Zoning) Prior to the issuance of a Certificate of Completion for any phase of the Gardens Medical Center expansion, all roof-top mechanical equipment shall be screened from public view, unless the Applicant demonstrates to the satisfaction of the Development Compliance Manager that adequate screening of roof-top equipment will be met due to the construction of future phases. (Planning & Zoning) At no time shall staging of construction vehicles andlor service vehicles occur within a public right-of-way. (Planning & Zoning) Prior to the issuance of the first land alteration permit, or as determined by the Growth Management Administrator, the Applicant shall install a minimum six-foot tall construction fence around the perimeter of the property that is not buffered with a six-foot decorative wall. The fence shall include privacy tarps covering each section. The tarps shall be green or black in color and signage shall adhere to the regulations provided in Section 78-290. (Planning & Zoning) The Applicant shall coordinate and receive approval from the Growth Management Administrator prior to the closing of any public sidewalk. (Planning & Zoning) Within this phase of development, as existing lighting is replaced and new on-site lighting is installed, the Applicant shall ensure the light fixtures are cast downward and shielded from adjacent properties. (Planning & Zoning) 6 I 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 11, 2009 Citv Forester 7. 8. 9. The Applicant shall submit a plan to identify the existence and locations of prohibited and invasive non-native plants and an exotic tree removal and landscape replacement plan to the City Forester within six months from the date of the approval. Prior to the issuance of the last Certificate of Completion for the Gardens Medical Center, the Applicant shall remove all prohibited and invasive non-native plants from the site. (City Forester) All site landscaping shall be completed prior to the issuance of the last Certificate of Completion for the Gardens Medical Center. (City Forester) Approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the Certificate of Occupancy for the membrane processing facility. (GIs Manager, Development Compliance Officer) Enaineerinq IO. 11. 12. 13. 14. 15. Prior to the issuance of the first land alteration permit, the Applicant shall provide a signed and sealed pavement marking and signing plan, or provide same on the engineering plan. (City Engineer) The Applicant shall copy to the City all permit applications, permits, certifications and approvals. (City Engineer) The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall plat the site to include all existing and proposed easements and like encumbrances in accordance with LDR Section 78-446 for City Council approval. (City Engineer, Planning & Zoning) Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall provide a cost estimate and surety in accordance with LDR Sections 78-309 and 78-461 and a cost estimate for on-site project improvements, not including public infrastructure, or landscaping and irrigation costs for review and approval by the City. The cost estimates shall be signed and sealed by an engineer and landscape architect registered in the State of Florida and shall be posted with the City prior to the issuance of the first land alteration permit. (City Engineer) The construction, operation, and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If at any time during the project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts 7 Resolution 11, 2009 1 2 3 4 5 16. 6 7 8 9 17. 10 11 12 13 18. 14 15 16 17 19. 18 19 20 21 22 20. 23 24 25 26 27 28 29 30 Police caused by the project, it shall be the Applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall submit signed/sealed/dated construction plans (paving/grading/drainage and watedsewer) and all pertinent calculations for review and comment. (City Engineer) The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (City Engineer) The Applicant shall notify the City’s Public Works Division at least ten working days prior to the commencement of any workkonstruction activity within any public right- of-way within the City of Palm Beach Gardens. In the case of a City right-of-way, the Applicant has at least five working days to obtain a right-of-way permit. Right- of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all workkonstruction activity within the public right-of-way and the subject development site. (Public Works) 31 32 21. 33 34 35 36 37 38 39 22. 40 41 42 43 23. 44 45 46 Prior to the issuance of the first Certificate of Completion, all on-site lighting shall be installed. All exterior lighting shall utilize 12 foot - 25 foot light poles, and all on-site lighting shall consist of metal halide or equivalent lighting approved by the Police Department, and shall be field located not to conflict with planted landscaping. Luminaire-type fixtures shall be utilized to optimize light distribution and minimize glare and up-lighting. (Police Department) Landscaping shall not obstruct the view from windows or walkways. Ground cover shall not exceed 36 inches in height, and high-branched trees should have a clear trunk up to seven feet to provide for clear site lines. (Police Department) Prior to the issuance of the first Certificate of Completion for the Gardens Medical Center, the Applicant shall provide photocell sensor engaged “dusk to dawn” lighting above or near entryways and adjacent sidewalks for said building. (Police Department) 8 1 24. 2 3 4 5 6 7 8 9 10 25. 11 12 13 14 15 26. 16 17 18 19 20 21 22 23 27. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 11, 2009 Prior to the issuance of the first Certificate of Completion for the Gardens Medical Center, all entry doors (non-glass single/double) shall be equipped with astragal over the threshold of the locking mechanism and case hardened deadbolt locks shall be provided on all exterior doors with a minimum one inch throw or mechanical interlock. Glass exterior doors shall have a holding force of at least 1000 Ibs. Door hinges shall employ non-removable hinges. The main entries, loading dock and drive-thru pharmacy lane to the building shall be equipped with closed-circuit digital wide-angle camera surveillance system. (Police Department) Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Noncompliance with the approved security and management plan may result in a Stop Work Order for the PUD. (Police Department) Prior to the issuance of the Certificate of Completion for the Gardens Medical Center, numerical addresses shall be placed at the west and south sides of the building. Each numerical address shall be illuminated for nighttime visibility, with an uninterruptible A.C. power source, shall consist of twelve-inch high numbers, and shall be a different color than the color of the surface to which it is attached. The rear door of the building shall have an illuminated six-inch number on or alongside the door. (Police Department) Prior to the issuance of a Certificate of Completion for the Gardens Medical Center, the following security measures shall be installed, reviewed, and approved by the Police Department; a. b. C. d. e. f. Buildings shall have an alarm system. Doors shall be equipped with a metal plate over the thresh hold of the locking mechanism. Interior doors to offices/meeting rooms shall have viewers or a vision panel. Case-hardened commercial grade dead-bolt locks shall be installed on all exterior doors with a minimum of one-inch throw into the strike receiving the bolt. The cylinder shall have a cylinder guard and a minimum of five pin tumblers. Doors secured by electrical operation shall have a key-pad switch to open the door when in a closed position, or by a signal-locking device. Glazing of interior doors, or 40-inches within any locking device, shall be rated burglary resistant glazing. 9 ,xy 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 11, 2009 g. Restrooms shall be placed in central areas with maze entrances; avoid double- door entry systems. h. Exterior/interior pedestrian doors which provide access into parking lots shall be solid core, and where applicable, emergency doors shall have no exterior handles. Panic hardware shall have a self-locking mechanism, shall have three locking points, and shall have a protective astragal attached to the exterior of the door, which will cover the opening between the door and frame, and it should extend one inch beyond the edge of the door to which it is attached. i. A high-resolution color digital wide-angle video camera system with monitoring and DVR capabilities shall be installed. Cameras shall be above exit doors, check-out counters, loading dock, product aisles, pharmacy, and any other areas deemed necessary to provide for maximum coverage. The camera user should be able to pan, tilt, and zoom the recorded video after the fact. SECTION 5. This Site Plan and Major Conditional Use is hereby approved subject to strict compliance with the Exhibits attached hereto and made a part hereof, as follows: Exhibit 1. Phasing Plan: Sheet 1 of 1, prepared by Urban Design Studio, Inc., dated December 2,2008. Exhibit 2. Site Plan and Site Details: Sheet 1 of 1, prepared by Urban Design Studio, Inc., dated December 2, 2008. Exhibit 3. prepared by Urban Design Studio, Inc., dated December 2, 2008. Landscape Plan, Details and Specifications: Sheets 1 through 10 of IO, Exhibit 4. Architectural Elevations: Sheets AI 0.1 , A4.1 A, A5.1 A, and A9.1 A, prepared by Harvard, Jolly, dated December 4, 2008. SECTION 6. Any and all future amendments to the Gardens Medical Center PUD plans, major conditional use, conditions of approval, and waivers shall be approved by resolution of the City Council, except as otherwise provided in the Palm Beach Gardens Code of Ordinances. SECTION 7. This approval shall be subject to and consistent with all previous approvals, if any, except as modified herein. SECTION 8. This Resolution shall become effective immediately upon adoption. 10 Resolution 11, 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 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\RESOLUTlON.SPOO9\Resolution 1 1 2009 Gardens Medical Center.docx 11 7 a C 7J -I 0 C a 30 0 m cn rn U a I P cn m Q 7 5 r I ’II z 5 PBG Medical Center Palm Beach Gardens, Florida Phasing Plan k..----c..I-h- - P.B.G. Medical Center Palm Beach Gardens, Florida ir 2 4 u, i]; - 4 .-. :, 01 m-r------- Site Plan r--* e. e. 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'I 9 u k- 2 ?a ; '. il 'I,' __ . . .- . . . . . .- '\ . j I E 3 __- __ -- - -- -- - _. ~ I CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5,2009 Resolution 9, 2009 SubjecVAgenda Item: Award a contract to The Signal Group, Inc. for traffic signal improvements at Northlake Boulevard and Hiatt Drive/Alister Boulevard in the amount of $227,491.45, via an existing contract with St. Lucie County (No. 07-059). [XI Recommendation to APPROVE I ] Recommendation to DENY 3eviewed by: rodd Engle Zonstructio Iirector Financ A inistr or a Assistant City Manager, Operations Department Administrator City $lander Originating Dept.: Operations Director Construction Services Community Services Department Advertised: Date: Paper: I___. [ X ] Not Required Affected parties J.x+mc- [ ] Not required Costs: $227,491.45 (Total) $227.491.45 Current FY Funding Source: [ ]Operating [ X ] Other - Developer Budget Acct.#: PUB01 14.20.01 305.0900.541.6900 Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Location Map Resolution 9, 2009 o Agreement [ ]None Meeting Date: February 5,2009 Resolution 9,2009 BACKGROUND: Per Resolution 94, 2005, the Gables Planned Community Development (PCD) is required to pay its pro rata share (currently rated at 100%) to the City for the installation of a traffic signal at the intersection of Northlake Boulevard and Hiatt DrivelAlister Boulevard, which is located just west of the Florida Turnpike overpass. The Gables PCD (aka1Montecito) entrance is located at this intersection. The Northlake Boulevard, LLC, who represents the Gables PCD, provided funding to the City for the installation of the traffic signal in the amount of $451,000.00, which was approved through an Escrow Agreement dated February 19, 2008, and added to the City’s capital improvement plan by adoption of Ordinance 21, 2008, amending the FY 200712008 budget. The most cost effective and timely approach to construction of this signal would be to utilize an existing contract that was competitively bid by St. Lucie County (Bid No. 07- 059). This approach will allow for timely ordering and delivery of the mast arms as well as provide an economical price. Therefore, a proposal in the amount of $227,491.45 from The Signal Group, Inc. was received, which was based on such existing agreement. The proposal was also provided based on engineered plans contracted by the City and supplied to The Signal Group, Inc. for pricing. Other elements that will be completed separately at a later date include median modifications, handicap ramps, signage, striping, and intersection lighting. If approved, this project will commence in February, 2009, and be complete by May, 2009. Ongoing traffic signal maintenance will be provided by the Palm Beach County Traffic Engineering Division per Resolution 32, 1984. STAFF RECOMMENDATION: Approve Resolution 9, 2009 as presented. LOCATION MAP 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 30 39 40 41 42 43 44 45 46 RESOLUTION 9,2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A CONTRACT AWARD TO THE SIGNAL GROUP, INC. FOR TRAFFIC SIGNAL IMPROVEMENTS AT NORTHLAKE BOULEVARD AND HIATT DRIVWALISTER BOULEVARD IN THE AMOUNT OF $227,491.45 VIA AN EXISTING AGREEMENT WITH ST. LUCIE COUNTY (NO. PURPOSES. 07-059); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER WHEREAS, the City desires to install a traffic signal at Northlake Boulevard and Hiatt Drive/Alister Boulevard; and WHEREAS, the City has received a quote from The Signal Group, Inc. in the amount of $227,491.45 for such improvements, which is based on an existing agreement with St. Lucie County, Bid No. 07-059; and WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to "piggyback" an agreement awarded by another governmental agency pursuant to a competitive sealed bid; and WHEREAS, an agreement with The Signal Group, Inc. for traffic signal improvements has been prepared; and WHEREAS, the City Council of the City of Palm Beach Gardens deems approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves an agreement for the purchase and installation of traffic signal improvements in the amount of $227,491.45 to The Signal Group, Inc. The City Council further authorizes the City Manager to take all actions necessary to ensure that the project is completed in a timely manner, including, but not limited to, change order approvals. SECTION 3. This Resolution shall become effective immediately upon adoption. Resolution 9, 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 Eric Jablin, Mayor ATTEST: PV. 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\RESOLUTIONS\2009\Resolution 9 2009 - Signal group agmt - northlake-hiatt.docx 2 PIGGYBACK AGREEMENT THIS AGREEMENT is made this day of , 2009, by and between the CITY OF PALM BEACH GARDENS, a municipal corporation (hereinafter referred to as ‘City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and THE SIGNAL GROUP, INC. (hereinafter referred to as “Contractor”), whose address is 33 Commerce Way, Jupiter, Florida 33458. WHEREAS, the City is desirous of piggybacking a contract, attached hereto as Exhibit “A”, and incorporated herein by reference, between St. Lucie County, Florida and the Contractor for a term contract for Bid No. 07-059 entitled Signal Maintenance and Master Construction Contract, St. Lucie County Road & Bridge Department. The term Contract is dated June 26, 2007 (hereinafter referred to as “County Agreement”); and WHEREAS, the Contractor is desirous of having the City piggyback onto the County Agreement pursuant to the terms and conditions therein and as modified by such terms and conditions more particularly provided for below, and the parties hereto understand that Florida law shall control as it relates to any conflicts of law between the County Agreement and this Agreement, but as to any conflict, this Agreement shall control. The Signal Maintenance and Master Construction services shall be performed at Northlake Boulevard and Hiatt Drive. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration of which the parties hereto acknowledge, the parties agree as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The Contractor shall provide to the City certain contract services, goods, products, and work for Signal Maintenance and Construction as found in the County Agreement. The pricing for such services andlor materials and supplies shall be the same as the County Agreement. 3. The contract amount that the City is permitted to spend in connection with the County Agreement and this Agreement with the Contractor is delineated on Exhibit “B,” attached hereto and by this reference incorporated herein. If no Exhibit “B” is attached hereto, then in accordance with the City’s budget for the same, as amended from time to time, the parties hereto understand that the City has budgeted for the amount of said projects. Nothing herein, however, shall prevent the City from seeking a budget amendment should it require additional sums of money for its projects due to change orders approved in writing by the City. All purchases pursuant to this Agreement shall be done in accordance with the City’s Purchasing and Procurement procedures. All purchases shall be evidenced by such approved purchase orders. 4. The Contractor shall provide to the City all services, goods, work, and products pursuant to the County Agreement and this Agreement. All prices for the items and work herein and in the County Agreement shall be in accordance with the County Agreement and any discount prices provided for therein. All purchases shall be evidenced by a purchase order from the City. The parties hereto understand that payment and performance bonds may be needed from the Contractor for projects in accordance with Section 255.05, Florida Statutes, and the City’s Purchasing and Procurement policies and procedures, and state law. The Contractor agrees not to perform any work without the bonds required and insurance required by the City. 5. The Contractor shall maintain general liability insurance, workers’ compensation insurance, business automobile liability insurance (owned vehicles and non- owned vehicles), builders risk insurance, products completed insurance, and other such insurance requested by the City’s Department of Risk Management and with such limits and deductibles as the City deems necessary as it relates to this Agreement. Prior to commencing any work required hereunder, the Contractor shall provide to the City such insurance coverage that the City has requested and naming the City as an additional insured with thirty (30) days’ notice of cancellation of required coverage(s) hereunder. 6. The City may require the Contractor to provide payment and performance bonds for such work that it performs pursuant to this Agreement and the County Agreement. Any work exceeding Fifty Thousand Dollars ($50,000.00) shall require such bonds. Should the City require such bonds, it shall notify the Contractor, unless otherwise provided above, prior to commencement of any work required herein, and no work shall commence until the City has received and approved such bonds. The amount of such bonds and form of such bonds shall be determined by the City and shall be in conformance with all applicable Florida laws, including, but not limited to, Section 255.05, Florida Statutes. All bonds shall be for 100% of the value of the work and materials. 7. The Contractor agrees, warrants, covenants, and represents that all products, goods, services, and work that it shall perform pursuant to this Agreement and the County Agreement as it relates to the City, including any work done by its subcontractors or at its direction, shall be free from all defects and done in a workmanlike manner. The Contractor warrants the merchantability and fitness of the services, goods, products, and work as contemplated in this Agreement and the County Agreement as it relates to the City’s intended use. The Contractor agrees to warrant the services, goods, products, and work for a period of one (1) year from the date of acceptance of the same by the City or for such warranty period as provided in the County Agreement, whichever is greater. The Contractor shall, prior to any payments being made pursuant to this Agreement, provide release of liens in such form and such amount as the City specifies in approved draw schedule(s). All lien releases shall conform with the Florida Mechanic’s Lien Law F.S. 713.01 et. seq. and F.S. 255.01 et. seq. Further, upon completion of the work by the Contractor, the Contractor shall provide the City with a Contractor’s Final Affidavit pursuant to the statutes referenced above and Florida Law and as reasonably determined by the City, together with final lien releases from all parties working for or under the Contractor regardless of privity. 2 8. The Contractor agrees to supply the City with adequate personnel to provide timely completion of all projects and support contemplated by this Agreement and the County Agreement as it relates to the City. The parties hereto understand that time is of the essence. The Contractor agrees to complete the work within the time provided in accordance with its Notice to Proceed issued by the City. If the Contractor fails to timely complete such work within the time provided, such failure shall be cause for default, and the City may seek all damages in law and/or equity. The Contractor agrees to designate Amanda Reed as the Contractor’s project representative to the City in connection with this Agreement. The City agrees to designate Todd Engle, P.E. as its project representative pursuant to this Agreement. The parties hereto reserve the right to change project representatives on an as-needed basis. 9. The Contractor agrees to indemnify and hold harmless the City, its officers, and employees from any and all liabilities, damages, losses, suits, actions, claims, and/or matters, including costs and reasonable attorney’s fees, to the extent caused by the negligence, gross negligence, or intentionally wrongful conduct of the Contractor and any other persons or entities employed or utilized by the Contractor in performance of this Agreement and the County Agreement as it relates to the City. In addition, the parties hereto agree that 1% of the total compensation to be paid to the Contractor for the performance of this Agreement shall represent the specific consideration for the Contractor’s indemnification of the City as set forth in this section of this Agreement. To the fullest extent permitted by laws and regulations, the Contractor shall indemnify and hold the City and their consultants, agents, and employees harmless from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including, but not limited to, fees and charges of attorneys and other professionals and court costs) arising out of or resulting from the performance of the work, provided that any such claims, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting there from; and (b) caused in whole or in part by any willful or negligent or gross negligent act or omission of the Contractor, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by law and regulation regardless of the negligence of any such party. To the extent permitted by law, in any and all claims against the City or any of its consultants, agents, or employees by any employee of the Contractor, any subcontractor, any person, or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, the indemnification obligation herein shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any such subcontractor or other person or organization under workers’ or workman’s compensation acts, disability benefits acts, or other employee benefits acts. It is the specific intent of the parties hereto that the foregoing indemnification complies with and is subject to Section 725.06, Florida Statutes, if applicable. The indemnification herein is limited to the greater of the Contractor’s insurance coverage or Five Million Dollars ($5,000,000.00), 3 whichever is greater. arising out of contract as well as tort. Further, the indemnification herein covers any action IO. In performance of its obligations hereunder, the Contractor agrees to comply with all applicable laws, rules, regulations, orders, codes, ordinances, criteria, and standards, whether state, federal, or local. 11. The City reserves the right in its sole discretion to accept the use of a subcontractor or to reject the selection of a particular subcontractor. If a subcontractor fails to perform as determined by the City in accordance with this Agreement and it is necessary to replace the subcontractor in order to provide services as required, the Contractor shall promptly do so, subject to acceptance of the new subcontractor by the City. 12. The parties to this Agreement understand that the City is a tax-exempt organization; nothing herein, however, shall exempt the Contractor from paying all of its taxes pursuant to this Agreement. The Contractor agrees that the City may use its Tax Savings Program, as modified from time to time, to save on taxes. 13. This Agreement may be terminated by the Contractor upon thirty (30) days’ prior written notice to the City in the event of a material breach of contract by the City to perform in accordance with the terms of this Agreement through no fault of the Contractor. This Agreement may be terminated by the City, with or without cause, upon thirty (30) days’ prior written notice to the Contractor. Unless the Contractor is in breach of this Agreement, the Contractor shall be paid for services rendered to the City’s satisfaction up to the date of termination. After receipt of a termination notice, and except as otherwise directed by the City, the Contractor shall stop work on the date specified. 14. Neither the City nor the Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term “Uncontrollable Forces” shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquake, storms, lightning, epidemic, war, riots, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 4 15. This Agreement shall be construed in accordance with the laws of the State of Florida. Should any dispute arise from this Agreement, venue shall lie in Palm Beach County, Florida. 16. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. 17. This Agreement is binding upon the parties hereto, their heirs, successors, and assigns. 18. The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age, or national origin. 19. A waiver by either the City or the Contractor of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver or any subsequent default or breach. The parties hereto understand that there shall be no oral waivers. Further, a written waiver in part shall not constitute a waiver of any other part of this Agreement. 20. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rending any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from the Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of this Agreement, be determined to be void. 21. The City and the Contractor agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between the City and the Contractor pertaining to this Agreement, whether written or oral. None of the provisions, terms, and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 22. This Agreement may not be modified unless such modifications are evidenced in writing, signed by both the City and the Contractor. Such modifications shall be in the form of a written amendment executed by both parties. 5 23. Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to the City: As to the Contractor: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Manager The Signal Group, Inc. 33 Commerce Way Jupiter, Florida 33458 m:nL. c ,dL m: L -,-,, Notices shall be effective when sent to the addresses as specified above as provided herein. Changes in respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when sent with a printed confirmation of receipt of the same; however, facsimile transmissions received (Le., printed) after 5 p.m. or on weekends or holidays will be deemed sent on the next business day. The original of the notice must additionally be mailed certified mail return receipt requested. All mail shall be deemed received upon five (5) business days. The parties may also use overnight delivery services such as Federal Express; however, all such services must have confirmation of delivery. Notice shall be deemed effective under this type of service when received. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of the City and the Contractor. 24. This Agreement is subject to fiscal funding out in accordance with Florida law. (The remainder of this page left intentionally blank) 6 IN WITNESS WHEREOF, the City and the Contractor executed this Agreement as of the day and year first above written. CITY OF PALM BEACH GARDENS By: Eric Jablin, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUMICIENCY T-NAL GROJP, INC. I -c7 Print Name:- i. wF YaL. Title:- - 1- Title:- - 1- (CORPORATE SEAL) G:\attorney-s hare\AGREEMENTS\piggybackagmt-thesignalgroup-northlake-hiatt.doc 7 EXHIBIT “A” ST. LUCIE COUNTY CONTRACT DOCUMENTS The Signal Group, Inc. Bid No. 07-059 Signal Maintenance and Master Construction Contract St. Lucie County Road 8t Bridge Department CONTRACT THIS CONTRACT, made this L%J day of . \Cll \p , , 2007, between ST. LUClE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "COUNTY", and THE SIGNAL GROUP, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR". WITNESSETH: 1. PURPOSE: That the said Contractor agrees with the said County for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the proposal and the accompanying plans, specifications, addenda if any, and drawings, and they are as fully a part of the Contract as if hereto attached or herein repeated, and under security as set forth in the attached contract bond, and to the satisfaction of the duly authorized representatives of the County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Contract. 2. GENERAL DESCRIPTION OR WORK: It is agreed that the work to be done under this contract is for the Signal Maintenance and Master Construction Contract for St. Lucie County as further described in St. Lucie County Bid No. 07-059, made a part hereof by this reference. A. GENERAL .CONDITIONS: (i) Except for Monthly Maintenance, Modifications, and Emergency Repairs, The County Project Manager shall initiate individual construction work assignments to be performed by the Contractor on behalf of the County and in accordance with the Contract Documents. Each work assignment shall describe the specific scope of the work to be performed, the agreed amount of compensation pursuant to the amounts set forth in the Bid Form, and a schedule for the completion of the work. (ii) Contract shall allow for providing all materials, equipment, and services necessary to provide County-wide signalization services including emergency on-call response, new construction, rehabilitations, selected maintenance of traffic signals, traffic monitoring sites and streetlight facilities on all County-wide roads. Quantities if shown are estimates only. The County shall not be held to any minimums or maximums during the period of the Contract. Page 1 of 11 3. PROJECT MANAGER: The County Project Manager is Ann Amandro at 1772) 462-2848. The Contractor’s The Contractor‘s Contract Area Superintendent is Marvin Clark at 1772) 334-681 7. Manager for the Contract is Don L. Copeland at 15611 744-3206 ext. #35. The parties shall direct all matters arising in connection with the performance of this Contract, other than notices, to the attention of the Area Superintendent for attempted resolution or action. The Area Superintendent shall be responsible for overall resolution or action and shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. CONTRACT DOCUMENTS: The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, pages 1 through 11 inclusive. 8. C. Specifications, consisting of: Contractor’s Bid and Bid Bond, consisting of 27 pages Invitation to Bid and instructions to Bidders, pages 1 to 8, inclusive. Bid Form, pages 3 to l9, inclusive. Traffic Signal Maintenance Scope of Work, pages 20 to 22, inclusive. Special Provisions, page 23 to 25, inclusive. List of Signalized Intersections, Schedule “A”, page 2 to 26, inclusive. Base Contract Amount Schedule ”B“ and Extra Billings Schedule “C”, page - 27, inclusive. Special Labor and Equipment Services, Schedule “D”, page 28, inclusive. Bi-Monthly Patrol Check-In, Schedule “E”, page 29, inclusive. Annual Overhaul Check-List, Schedule ”F“, page 3, inclusive. InventoryEpare Parts List, Schedule “G”, page 31, inclusive. Bidder Qualifications forms, pages 32 to 37, inclusive. General Condition, pages 40 to 65, inclusive. Addenda No. 1 through2 inclusive. Insurance Certificates, which shall be provided by the Contractor, along with the return of this executed Contract. Any Modifications, including change orders, duly delivered after execution of this Contract. 0. E. F. 5. PERFORMANCE GUARANTY: That the said Contractor guarantees the successful performance of the work for the service intended and further guarantees all materials, workmanship, project perf ormance, and equipment furnished for a period of one (1) year from the date of Final Acceptance and Release of Lien by action of the Board of County Commissioners, St. Lucie County, Florida. Should any such defects be discovered during the one (1) year, the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. In the event that the Contractor should fail to remedy such defects, the County may do so and Page 2 of 11 charge the Contractor the cost thereby incurred. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this Contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective work, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. Should the organization of the Contractor, or its management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stated time, then the County shall have the right to take charge of the work and finish it and provide the labor, materials, and equipment necessary to complete the work as planned within the required time and to charge the cost of all such work against the Contractor and his, or its Surety shall be held responsible therefore. The Contactor fully understands and agrees that the County shall not pay for any obligation or expenditure made by the Contractor prior to the effective date of this Contract, unless the County authorizes such payment in writing. 6. TERM: Term shall be for a period of three (3) years and shall begin on September 21, 2007 with two (2) one-year renewal option provided both parties are in agreement and there are no changes to the terms and conditions. Price escalations will be considered at the time of renewal only and must be documented with written verification of industry price increases. 7. PAYMENT SCHEDULE: County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of this Contract, the total amount not to exceed $420,750.20 {four hundred twenty thousand seven hundred fifty and 20/100 dollars} per year. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 21 8.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. A. MAINTEN-ANCE CONTRACT PAYMENT: For the maintenance portion of the contract, payments shall be on a monthly basis. B. MODIFICATION, CONSTRUCTION, AND EMERGENCY SERVICES: Shall be paid upon completion of the work and approval of the Application for Payment by the County Project Manger. B. CONTRACTOR'S WARRANTY OF TITLE: The Contractor warrants and guarantees that title to all Work and equipment covered by an Application for Payment, will have passed to the County prior to the making of the Application for Payment, free and clear of all liens, claims, security interests Page 3 of 11 and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no work or equipment covered by an Application for Payment will have been acquired, subject to any Contract under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 8. AUDIT: The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s1 made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three (3) years after completion of the project and issuance of the final certificate, whichever is sooner. 9. -__-__- PUBLIC RECORDS: The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Contract. 10. CONTRACTOR RESPONSIBILITY: The Contractor is an independent Contractor and is not an employee or agent of St. Lucie County. Nothing in this Contract shall be interpreted to establish any relationship, other than that of an independent Contractor, between the County and the Contractor, its employees, agents, sub-contractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility of the work and shall bear all losses resulting to him, or it, on account of the amount or character of the work, or because of the nature of the ground in or on which the work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. The Contractor shall protect the entire work, all materials under the Contract and the County's property (including machinery and equipment) in, on, or, adjacent to the site of the work, until final completion and work, from the action of the elements, acts of other Contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever: should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expense to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the work of the Contractor. Page 4 of 11 At his, or its expense, the Contractor shall take all necessary precautions including (without limitation) the furnishing of guards, fences, warning signs, walks, ladders, flags, cables, and lights for the safety of and the prevention of injury, loss, and damage to persons and property including (without limitation) in the term persons, members of the public, the County, its employees and agents, the Project Manger and his employees, Contractor's employees, his or its sub-contractors and their respective employees, other Contractor, their sub-contractors and respective employees, on, about or adjacent to the premises where said work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations, and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage, and destruction to all of his or its materials, tools, appliances, and property of every description and that of his or its sub- contractors and their respective employees or agents, and injury to or death of the CONTRACTOR, his or its employees, sub-contractors or their respective employees or agents, or third parties, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 11. INDEMNITY Contractor agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor. was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond Page 5 of 11 the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the County. 12. INSPECTION: The project will be inspected by the Project Manager and will be rejected if it is not in conformity with the Contract provisions. Rejected Work will be immediately corrected by the Contractor. 13. INSURANCE: COMMERCIAL GENERAL LIABILITY: The Contractor shatl maintain and, prior to commencement of this Contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, productslcompleted operations, and personal and advertising injury for limits of not less than $1,000,000 per occurrence and 2) a general aggregate limit of not less than $2,000,000. The policy shall also provide the COUNTY will be given thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. AUTOMOBILE LIABILITY: The Contractor shall maintain and, prior to commencement of this Contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than One Million Dollars ($1,000,000) combined single limit (bodily injury & property damage) per accident, and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. WORKER'S COMPENSATION & EMPLOYERS LIABILITY: The Contractor shall maintain and, prior to commencement of this Contract, provide to the County evidence of Worker's Compensation insurance providing Florida statutory (Chapter 440, Florida Statutes (2002)) limits to cover all employees and include Employers Liability coverage with limits of not less than Five Hundred Thousand Dollars ($500,000) for accidents or disease. The policy shall also provide that the County will be given a thirty (30) day written notice of cancellation or non-renewal. 14. DEFAULT; TERMINATION A. FORCAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Contractor fails to correct the Page6of 11 deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fait, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) fails to conform to the requirements of this Contract. Fails to perform any of the terms of this Contract or performs work which In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the County in completing the Project and for reimbursement of damages incurred. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, and does expressly waive, in the event of termination, any and all claims for consequential damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit and the like. Page 7 of 11 B. WITHOUT CAUSE The County may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the Contractor. Upon such termination, the Contractor waives any claims for damages from the termination without cause, without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1) all bonds shall remain fully in force to insure the County's ability to construct the project for the Contract amount; (2) the County shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the Work, or to negotiate with the number two bidder under the original bid; and (31 the Contractor and his surety shall be jointly and severally responsible for all costs over the original Contract amount incurred by the County in completion of the project, in addition to liquidated damages, construction costs, such costs may include engineering, advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the Work. In the event of termination without cause by either party, the obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. 15. NON-DISCRIMINATION: Contractor covenants and agrees that the Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with the respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicaps (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 16. VERIFICATION OF EMPLOYMENT STATUS: The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INAI. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 17. FLORlDA PRODUCED LUMBER: Where applicable Contractor agrees to comply with the provisions of section 255.20, Florida Statutes (2003), and as may be amended from time to time. Page 8 of 11 18. ASBESTOS-FREE MATERIALS: Contractor shall not use any asbestos or asbestos-based fiber materials within any building to be constructed or modified pursuant to this Contract. 19. ASSIGNMENT: The County reserves the right to freely assign this Contract. The Consultant, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. In addition, the Consultant shall not have the right to assign any or all of its rights and interests under this Contract to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the ownerls) of more than 50% of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without County=s prior written consent shall be deemed a default subject to the remedies provided herein. 20. NOTICES: All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) receipt requested and addressed to: As To County: With Copies To: St. Lucie County Administrator St. Lucie County Attorney Administration Annex Administration Annex 2300 Virginia Avenue 2300 Virginia Avenue Ft. Fierce, Florida 34982 Ft. Pierce, Florida 34982 As to Contractor: The Signal Group, Inc. 33 Commerce Way Jupiter, Florida 33458 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered, on the date delivered if by personal delivery, and on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 21. NON-WAIVER: The indulgence of either party with regard to any breach or failure to perform any provisions of this Contract shall not be deemed to constitute a waiver of the provisions or I Page 9 of 11 any portion of this Contract either at the time the breach or failure occurs or at any time throughout the term of this Contract. 22. CONFLICT OF INTEREST: The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statues 1 12.31 1. The Contractor further represents that no persons having interest shall be employed for said performance, The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest, or other circumstances which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of the work the Contractor may undertake and request an opinion of the County as to whether the association, interest, or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall state in the notification and the Contractor shall, at hidher option, enter into said association, interest, or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 23. MEDIATION: In the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 24. SUBCONTRACTORS: In the event Contractor requires the service of any subcontractor or professional associate in connection with the work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. 25. DISPUTE RESOLUTmN: Any disputes relating to interpretation of the terms of this Contract or a question of fact arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall Page 10 of 11 carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. The County Administrator who shall reduce the decision to writing shall decide any dispute that is not resolved by mutual Contract. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, and so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 26. INTERPRETATION; VENUE: This Contract constitutes the entire Contract between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Contracts between the parties with respect thereto. This Contract may only be amended as written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in Federal Court. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: WITNESSES: BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND I COUNTY ATTORNEY THE R.,. W-L. Print Name: -% D&. Print Title: -- Page 11 of 11 SECTION oaoa BID FORM BID #07-059 SIGNAL MAINTEf Board of Countv Commissioners St. Lucie Countv. Florida 2300 Virginia Avenue Fort Pierce, FL 34982 ICE AND MASTER CO ISTRUCTIO,. CONTRACT 1, Don L. Copeland, Jr. Representing The Siqnal GrOUD, Inc. Company andlor Corporation, agree to perform, the Slgnal Maintenance 8 Master Construction Contract as specified and described herein: i have received the documents titled "SIGNAL MAINTENANCE 8 MASTER CONSTRUCTION CONTRACT " I have also received addenda numbers 1 thru and have included their provisions in my Bid I have examined both the Bid documents and the construction site(s) and submit the following Bid in which I agree: 1 To hold my 8id open until an agreement has been executed between the Owner and accepted Bidder or until ninety (90) days after Bids are opened, whichever is shorter 2. Regarding the Disposition of Bid Security. to accept the provisions of the Instructions to the Bidders. 3 To enter into and execute a Contract on the basis of this Bid and, if necessary, to furnish a one hundred percent (100%) Public Construction Bond in accordance with the Instructions to Bidders to guarantee my workmanship and materials to be free from construction defects for a period of not less than one (1) year, if this Bid is accepted 4 To accomplish the work included in and in accordance with the Contract Docurnenls, if this Bid is accepted 5 This contract will be for a period of three (3) years with an option of two (2) one (1) year renewals. 6 Regarding Compensation for proposed work If this Bid is accepted, I will PERFORM THE WORK REQUIRED for this bid on a unit price basis as reflected in the Bid Unit Price Schedule on pages 10 through 28 of this Bid Regarding the Award of the Contract If I am awarded a contract for this project, I understand that the award will be for all of the items listed under the Bid Unit Price Schedule 7 8 Maintenance work performed on this contract shall be in accordance with Option A as determined by the COUNTY for the period of the contract BID X07.059 SIGNAL MAINTENANCE 6 MASTER CONSTRUCTION CONTRACT 9 The Signal Group, Inc. 620-1 -1 630-1-11 630-1-1 I 630-1 -12 630-1-12 630-1-1 3 630-1-13 630-1 -1 4 630-1-14 632-7 632-7 '632-7-1 '632-7-1 '632-7-1 '632-7-1 *632-7-1 Ground Electrodes( FBI) LF I" Above Ground Conduit(F&f) LF 2" Above Ground Conduit(FB1) tF 2" Underground Conduit(F&l) L F. 4 Underground Conduit(F&l) LF 2 Underpavement Conduit (FBI) LF 4" Underpavement Conduit (F&l) LF 2" Rigid Jacked Conduit (F&l) LF 4" Rigid Jacked Conduit (Fat) LF Signal Cable (12 Conductor-F&l) LF Signal Cable (16 Conductor-F&l) LF Signal Cable (Span Length Spec 19-1,16 Conductor Veh, 12 Conductor Peds 20 Conductor Veh 12 Conductor Peds Range 50' - 149') IMSA PI Signal Cable (Span Length Spec 19-1. 16 Conductor Veh, 12 Conductor Peds 20 Conductor Veh 12 Conductor Peds Range 150' - 199') IMSA Pi Signal Cable (Span Length Spec 19-1, 16 Conductor Veh, 12 Conductor Peds 20 Conductor Veh 12 Conductor Peds Range 2CO' - 299') IMSA PI Signal Cable (Span Length Spec 19-1,16 Conductor Veh, 12 Conductor Peds 20 Conductor Veh 12 Conductor Peds Range 300' - 349') IMSA PI Signal Cable (Span Length Spec 19-1,16 Conductor Veh. 12 Conductor Peds 20 Conductor Veh 12 Conductor Peds Range 350' - 399') IMSA PI $ 4.75 $ 9.50 $ 13.50 (5 5.75 $ 10.50 $ 14.00 $ 28.00 $ 26.00 $ 42.00 $ 2.95 $ 3.93 $ 1,235.00 $ 1,807.00 $ 2,366.00 .R 2,951.00 $ 3.120.00 810 #07-059 CONSTRUCTlON CONTRACT SIGNAL MAINTENANCE a MASTER 10 The Signal Group, Inc. *632-7-1 Signal Cable (Span Length Range 400 - 499) IMSA PI $ 3.3ao.00 Spec. 19-1,16 Conductor Veh,l2 Conductor Peds 20 ConductorVeh 12 Conductor Peds *632-7-1 Signal Cable (Span Length Range 500' - 599') IMSA PI Spec. 19-1, 16 Conductor Veh, 12 Conductor Peds 20 Conductor Veh 12 Conductor Peds '632-7-1 Signal Cable (Span Length Range 600 or greater) IMSA Veh, 12 Conductor Peds 20 Conductor Veh 12 Conductor Peds Spec 19-1, 16 Conductor PI $ 3.770.00 $ 4,160.00 ALL INTERSECTION SPAN LENGTH SHALL CARRY NECESSARY CABLE OR CABLES FOR VEHICLE SIGNALS AND PEDESTRIAN * SIGNALS - BID SHOULD REFLECT TOTAL COST PER INTERSECTION. -.THIS PAGE AND UP "632-8-21 1 "632-8-21 2 "634-4-1 12 "634-4-1 13 -634-4-1 14 "634-5-1 "634-6-1 "635-1-1 1 "635-1-11A 635-1-31 "639-1-13 "639-1 -23 Interconnect Cable Aerial 6 Pr-22 Gauge includes integral Messenger Cable (PE-38) Interconnect Cable Underground 6 Pr-22 Gauge (PE-39) Span Wire Assembly Diagonal (Span Length Range 50'-550) Span Wire Assembly Box (Span Length Range 50'-550') Span Wire Assembly - Drop Box (Span Length Range 50' - 550') Fiberglass Insulator Messenger Wire Pull Box Pull Box Grounded (Per Index 17503) Pull Box (Install Onlv) Elec Power Svc - Overhead Elec Power Svc - Under Ground LF LF LF LF LF LF LF EA EA EA AS AS $ 2.30 $ 3.25 $ 1,040.00 $ 1.940.00 $ 2,650.00 $ 250.00 2.40 s $ 325.00 $ 375.00 $ 175.00, $ 925.00/ $ 905.00 FURNISH AND INSTALL- THIS PAGE ** BID 1107.059 SIGNAL MAINTENANCE t MASTER CONSTRUCTION CONTRACT 11 The Signal Group, Inc. "6 3 9-2- 1 "639-3-1 1 "641-1 "64 1-1 3-1 44 341-14-138 "641 -1 4-140 "'641-14-141 '"641-1 4-14 "641-15-140 -641 -1 5- 14 1 '*641-15-144 "641 -1 5- 146 "64 1 - 1 5-1 47 "641-15-148 "641-15-149 "641-15-150 "641 -361 34 "643-1 30 '^643-140 "643-945 "649-412-001 "649-413-002 "649416-004 "649-432-001 Electricai Svc Wire Electrical Svc Disconnect Guying Concrete Strain Poles 44' Class IV Conc Pole 38 Class V Conc Pole 40 Class V Conc. Pole 41' Class V Conc Pole 44' Class V Conc Pole 40' Class VI Conc Pole 41' Class VI Conc Pole 44' Class VI Conc Pole 46 Class VI Conc Pole 47 Class VI Conc Pole 48' Class VI Conc Pole 49 Class VI Conc Pole 50' Class VI Conc Pole 34' Class VI Conc Pole 3o'Wood Pole with Down Guying 41' Wood Pole With Down Guying 45'Wood Pole With Down Guying Mast Arm Assembly Single Arm 36 No Luminaire Mast Arm Assembly Single Arm 46' No Lurninaire Mast Am Assembly Single Arm 70' No Luminaire Mast Arm Assembly Single Arm 36' with Lurninaire LF AS EA EA EA EA EA EA EA EA EA EA €A EA EA EA EA EA EA EA €A EA EA EA $ 1.88 c 275.00 $ 525.00 4.780.00 $ 4,760.00 4,790.00 $ 4,850.00 I?" 4.880.00 $ 5,160.00 $ 5,170.00 c 5.210.00 $ 5,210.00 3 5,260.00 $ 5,290.00 $ 5,680.00 $ 5,760.00 5,025.00 $ 1.500.00 $ 1,550.00 $ 1,550.00 $, 23,26'1.00 $ 22,932.00 c 39.708.00 P 20.060.00 FURNISH AND INSTALL- THIS PAGE ** 810 107-059 SIGNAL MAINTENANCE B MASTER CONSTRUCTION CONTRACT 12 The Signal Group, Inc "649433-002 Mast Am Assembly Single "649436604 "650-51-1 11 "650-51-1 I2 "650-5 1-1 2 1 "650-5 1-1 3 1 "650-5 1-1 4 1 "650-51-31 1 -6 50-5 1 -3 12 *'650-51-32 1 "6 50-51-322 "650-51 -331 "650-51 -332 "650-51-341 "650-51 -342 "650-51 -4 1 1 "650-51 -4 12 "'650-51-51 1 "650-51 -51 2 FURNISH AND INSTALL- THIS PAGE ** Arm 46 with Luminaire Mast Arm Assembly Single Am 70' with Luminalre 1 Section Alum Signal Head (1 2") 1 Section Lightweight Signal Head (1 2") 1 Section Alum Signal Head (IT12 Way) 1 Section Alum Signal Head (1 2'73 Way) 1 Section Alum Signal Head (12'74 Way) 3 Sedion Alum Signal Head (12V Way) 3 Section Lightweight Signal Head (12") 3 Section Alum Signal Head (12'72 Way) 3 Section Alum Signal Head (12"D Way Lt wt) 3 Section Alum Signal Head (12'73 Way) 3 Section Alum Signal Head (1 2'73 Way Lt Wt ) 3 Section Alum Signal Head (12"14 Way) 3 Section Alum Signal Head (12'74 Way Lt WI ) 4 Section Alum Sgnal Head (12"/1 Way) 4 Section Alum Signal Head (12/1 Way Lt Wt ) 5 Section Alum Signal Head (12) 5 Section Alum Signal Head (12"/1 Way Lt Wt ) BID #07-059 SIGNAL MAINTENANCE 6 MASTER CONSfRUCTlON CONTRACT EA EA AS AS AS AS AS AS AS AS AS AS AS AS AS AS AS AS AS 13 25,740.00 $ 42,430.00 $ 335.00 $ 355.00 555.00 $ 665.00 $ 775.00 660.00 $ $ 667.00 .R 1,320.00 $ 1,375.00 $ 1.815.00 1,870.00 $ 2,640.00 'F, 2,750.00 e20.00 s 852.00 fi s 980.00 z 980.00 The Signal Group, Inc 650-53-31 I 650-53-321 650-53-33 1 650-53-3 1 650-53-41 1 650-53-51 1 "653-181 "653-182 653-381 653-382 *'6 59- 1 -2 0 "659-1-20 "659-1-20 "659-1-20 3 Section Alum Signal Head (12/1 Way) Install Only -3 Section Alum Signal Head (12"/1 Way) Remove Only 3 Section Alum Signal Head (12"/2 Way) Install Only 3 Section Alum Signal Head (1272 Way) Remove Only 3 Section Alum Signal Head (1 2"/3 Way) Install Only 3 Section Alum. Signal Head (12"/3 Way) Remove Only 3 Section Alum Signal Head (1274 Way) Install Only 3 Section Alum Signal Head (12'74 Way) RemoveOnlv 4 Section Alum. Signal Head (12"/1 Way) Install Only 5 Sect Alum Signal Cluster Head (12") Install Only 5 Sect. Alum Signal Cluster Head (12") Remove Only 12" Pedestrian Signal Head (1 Sec, 1 Way) 12" Pedestrian Signal Head (1 Sec, 2 Way) 12" Pedestrian Signal Head (1 Way ) lnstall Only 12" Pedestrian Signal Head (2 Way) Install Only LED's ARed LED'S E Yellow LED'S CGreen LED'S D Red Arrow AS AS AS AS AS AS AS AS AS AS AS AS AS AS AS EA EA EA EA $ 232.00 $ 264.00 $ 55.00 $ 65.00 $ 298.00 $ 75.00 $ 298.00 $ 85.00 $ 225.00 $ 250.00 $ 65.00 687.00 $ 1,374.00 3 165.00 #$ 330.00 $ 154.00 $ 170.00 g 262.00 $ 148.00 FURNISH AND INSTALL-. THIS PAGE ** BID 107-059 SIGNAL MAINTENANCE b MASER CONSTRUCTION CONTRACT 14 The Signal Group, Inc "659-1 -20 "659-1 -20 "659-1 01 "659-106 "659-1 07 "659-107 "659-1 07 "659-1 18 660-2-101 "660-2-1 02 "660-2-1 02 "660-2-1 02 "660-2-1 02 "660-2-1 02 "660-2-1 06 "660-2-106 "660-2-106 "660-2-1 07 Type 'G' "660-2-1 09 LED'S E Yellow Arrow LED'S F Green Arrow Backplates 3 Section Tunnel Visors Alum Transformer Base 2'x2'x2' Concrete Pedestal Alum Pedestrian Pole Backplates 5 Section Detector Loop K Lead-In Wire 6x40' Existing Signal Type "F" 1-2-1 Wrap Detector Loop K Lead-In Wire 6x6 Type 'B' Detector Loop & Lead-In Wire 6x6 Type '8' Existing Signal(Advance Loop 250') Detector Loop K Lead-In Wire 6x6 Type 'B' Existing Signal (Advance Loop 300') Detector Loop 8. Lead-In Wire 6x6 Type '8" Existing Signal (Advance Loop 350') Detector Loop & Lead-In Wire 6x6 Type '8' Existing Signal (Advance Loop 400') Detector Loop g Lead-In VVire for 6' x 20' Type 'F" Detector Loop & Lead-In Wire for 6'x40' Type 'F' Detector Loop & Lead-In Wire 6xZO'Exisfing Signal Type'F' Speed Class Loop (2x1 Lanes) #14AWG Loop Lead In 'Belden Only" FURNISH AND INSTALL - THIS PAGE ** BID 107.059 SIQNAL MAINTENANCE h MASTER CONSTRUCTION CONTRACT EA EA EA EA EA EA EA EA AS AS AS AS AS AS AS AS AS AS LF 15 f 154.00 $ 262.00 .$ 95.00 $ 25.00 $ 275.00 $ 495.00 $ 858.00 $ 165.00 $ 780.00 605.00 $ 605.00 633.00 660.00 $ 695.00 $ 550.00 704.0U .$ 625.00 792.00 3.65 5 The Signal Group, Inc. 663-74-1 1 1 Camera Autoscope Solo Pro AS System - F&l, CONTRACTOR SHALL FURNISH AND INSTALL CAMERA AUTOSCOPE SOLO PRO DETECTION ASSEMBLY, TO CONSIST OF: AUTOSOPE SOLE PRO VIDEO DETECTION CAMERA, AUTOSCOPE SOLO PRO CABLE, AUTOSCOPE MOUNT BRACKETS (HORIZONTAL MOUNT BRACKET FOR MAST ARM AND VERTICAL MOUNT BRACKET FOR STRAIN POLE) ALL HARDWARE, LABOR (INCLUDING MOUNTINWIRING, MISCELLANEOUS EQUIPMENT, COAXIAL AND POWER CABLES SHALL BE INCLUDED IN THE COST. CONTRACTOR SHALL FURNISH WlNTV ADAPTER AND 25‘ SUPERVISOR CABLE (FOR INTERFACE) 663-74-11 2 Camera Autoscope Solo Pro AS System - CONTRACTOR SHALL FURNISH AND INSTALL CAMERA AUTOSCOPE SOLO PRO DETECTION ASSEMBLY, TO CONSIST OF: AUTOSOPE SOLE PRO VIDEO DETECTION CAMERA, AUTOSCOPE SOLO PRO CABLE, AUTOSCOPE MOUNT BRACKETS (HORIZONTAL MOUNT BRACKET FOR MAST ARM AND VERTICAL MOUNT BRACKET FOR STRAIN POLE) ALL HARDWARE, LABOR (INCLUDING MOUNTINGIWIRING, MISCELLANEOUS EQUIPMENT, COAXIAL AND POWER CABLES SHALL BE INCLUDED IN THE COST. CONTRACTOR SHALL FURNISH WNTV ADAPTER AND 25’ SUPERVISOR CABLE (FOR INTERFACE) 663-74-1 1 3 Camera Auloscope Solo Pro AS System - CONTRACTOR SHALL FURNISH AND INSTALL CAMERA AUTOSCOPE SOLO PRO DETECTION ASSEMBLY, TO CONSIST OF: AUTOSOPE SOLE PRO VIDEO DETECTION CAMERA, AUTOSCOPE SOLO PRO CABLE, AUTOSCOPE MOUNT BRACKETS (HORIZONTAL MOUNT BRACKET FOR MAST ARM AND VERTICAL MOUNT BRACKET FOR STRAIN POLE) ALL HARDWARE, LABOR (INCLUDING MOUNTINGMIIRING, MISCELLANEOUS EQUIPMENT, COAXIAL AND POWER CABLES SHALL BE INCLUDED IN THE COST. CONTRACTOR SHALL FURNISH WINTV ADAPTER AND 25’ SUPERVISOR CABLE (FOR INTERFACE) $ 8,390.00 $ 15,745.00 BID X07459 SIGNAL MAINTENANCE 1L MASTER CONSTRUCTION CONTRACT 16 663-74-1 1 665-12 6651 3 6704-1 670-5-31 670-5-31 678-1-103 678-1-103 678- 1-1 07 4 Camera Autoscope Solo Pro System - CONTRACTOR SHALL FURNISH AND INSTALL CAMERA AUTOSCOPE SOLO PRO DETECTION ASSEMBLY, TO CONSIST OF: AUTOSOPE SOLE PRO VIDEO DETECTION CAMERA, AUTOSCOPE SOLO PRO CABLE, AUTOSCOPE MOUNT BRACKETS (HORIZONTAL MOUNT BRACKET FOR MAST ARM AND VERTICAL MOUNT BRACKET FOR STRAIN POLE) ALL HARDWARE, LABOR (INCLUDING MOUNTINGNVIRING, MISCELLANEOUS EQUIPMENT, COAXIAL AND POWER CABLES SHALL BE INCLUDED IN THE COST. CONTRACTOR SHALL FURNISH WlNN ADAPTER AND 25' SUPERVISOR CABLE (FOR INTERFACE) Pedestrian Detector With Post and Sign - F&l, POSTMllTH ALUMINUM TRANSFORMER BASE AS AS 4-112" DIAMETER ALUMINUM Pedestrian Detector with Sign - F&l Flashing Beacon Controller - F81, POSTMllTH ALUMINUM TRANSFORMER BASE AS AS 4-1 I2" DIAMETER ALUM IN U M Install Controller Assembly - F&l, PRICE SHALL INCLUDE A MINIMUM OF TWO (2) POLICE OFFICERS FOR TRAFFIC CONTROL AS Install Controller Assembly - F&l Includes Concrete Pad - F8.l PRICE SHALL INCLUDE A MINIMUM OF TWO (2) POLfCE OFFICERS FOR TRAFFIC CONTROL. Type 12 Econolile Monitor Furnish WRlarness - FBI AS AS 16 Channel Econolite MMU - F&l AS RTC - CPR2102 Pager Controlled Time Clock - FBI AS F&l FURNISH AND INSTALL The Signal Group, Inc. 3 28,530.00 $ 445.00 $ 120.00 $ 2.500.00 c 1,950.00 $ 2,780.00 $ 814.00 $ 1,075.00 $. 935.00 BID 107459 SIGNAL MAINTENANCE 6 MASTER CONSTRUCTION CONTRACT 17 The Signal Group, Inc 685-1 -27 690-1 0 690-20 690-30 690-31 69040 690-50 690-60 690-70 690-80 690-90 690-91 690-1 00 699-1-1 700-84-1 715-1-1 13 715-2-334 7 15-24 1 5 715-11-111 715-11-222 F&l Telephone Connection Box. F81 Remove Traffic Signal Head Assembly Remove Traffic Signal Head (3 Section ) Assembly Remove Traffic Signal Head (5 Section ) Assembly Remove Pedestrian Signal Assembly Remove Poles Remove Signal Pedestal Remove Mast Arm Assembly Remove Controller Assembly Remove Vehicle Detector Assembly Remove Pedestrian Detector Assembly Remwe Span Wire Assembly Remove Cabling & Conduits Remove Overhead Street Signs FI EA EA ' EA EA E4 EA EA EA EA EA EA EA EA Remove Existing Interconnect Cable LF Remove Misc EA Sign, Internally Illuminated, Street Name, F&l EA Span Mounted Sign, F&l EA Remove Span Mounted Sign EA Conductor, F&l LF Conduit, F&l LF Conduit, F&l LF Luminaire, F&l EA 480V 400W HPS Ballast Only, F&l EA FURNISH AND INSTALL -THIS PAGE BID M7-059 SIGNAL MAINTENANCE 6. MASTER CONSTRUCTION CONTRACT ia $ 302.00 $ 55.00 60.00 65.00 $ 55.00 s 2,035.00 $ 55.00 3,850.00 $ 330.00 $ 20.00 $ 20.00 B- 330.00 $ 770.00 $ 55.00 $ .44 $ 770.00 $ 2.250.00 c 225.00 $ 55.0c $ 2.40 $ 12.50 $ 13.50 $ 375.00 $ 325.00 The Signal Group, Inc. 715-1 1-223 715-1 1-224 71520-1 7 1 5-2 1 - 1 715411-135 715-411-150 750-80 F&l 400W HPS Lamp Only, F81 750W HPS Lamp Only, F&l Scheduled Cleaning LU Luminalre Starter Board, F&l EA Lighting Pole Complete (35' Aluminum, Single Arm), F&l Lighting Pole Complete EA EA AS (50' Aluminum, Single Arm), F&l AS Telephone Service PI TOTAL FOR EACH ITEM: FURNiSH AND INSTALL -THIS PAGE Hurricane Emergency Rate: PER HOUR 3 Man Crew with bucketlpick up and trailer 110.00 s BID 1107-059 SIGNAL MAINTENANCE 6 MASTER CONSTRUCTION CONTRACT 19 t 32.0~ $ 46.00 $ 75.00 $ 175.00 $ 2,645.00 $ 3.278.00 $ 662.00 420,750.20 d The Signal Group, Inc. TRAFFIC SIGNAL 8, STREET LIGHT MAINTENANCE BID UNIT PRICE SCHEDULE OPTION "A" TRAFFIC SJGNAL MAINTENANCE SCOPE OF WORK 1 CONTRACTOR shall, In general, be responsible for providing twenty four (24) hour, seven (7) days a week "maintenance" on traffic control devices andlor street lighting at locations defined in Schedule "A". Additions or deletions to SCHEDULE "A", may be made by the COUNTY from time to time whenever traffic signals or street lights are constructed or abandoned or materially changed The COUNTY shall notify CONTRACTOR in writing of such additions and deletions no less than five (5) days prior to the effective date of the change The addition or deletion will alter the conlract amount as defined in SCHEDULE "E" 2 "Maintenance" shall mean all repairs, both routine and emergency necessary for the continued operation of the specified equipment. It shall include replacement of parts in the field, bench work, testing of components, repair of circuits, field locates. a replacement of lamps and other steps necessary without exclusion except as noted herein 3. This contract shall expressly cover only work outlined herein, however, CONTRACTOR shall be obligated to perform other such additional work in connection with repairs as specified herein at rates defined in SCHEDULE "E" or by negotiations where specific items are not covered 4 A record system is essential to this contract and CONTRACTOR will be required to maintain records for the COUNTY as a part of his duties Records will include trip reports, work orders, parts replaced, inventory, and timing changes as directed by the PROJECT MANAGER The CONTRACTOR shall log in the Cabinet Log Book any work performed Copies of all records shall remain the property of the COUNTY and shall be available for public inspection during regular business hours, and one copy for the COUNTY use shall be furnished to the TRAFFIC OPERATIONS SUPERVISOR 5 Maintenance shall include routine inspection on all traffic signal devices with a preventative maintenance routine as follows: Patrol all locations Bi- Monthly: See Schedule "E" All locations spot replace signal indication outages on emergency basis CONTRACTOR shall establish and maintain effective and rapid lines of supply for required items. Upon the COUNTY'S notice of need, all parts orders shall be placed by CONTRACTOR, at CONTRACTOR'S expense CONTRACTOR shall maintain drawings and catalogs of various items serviced to expedite parts supply requirement All work, materials, methods, etc , shall correspond to requirements of FDOT, ITE, IMSA, and the MUTCD as applicable 6 7 A "NOTIFICATION OF FAILURE" system is essential to the operation of the contract COUNTY and CONTRACTOR shall devise a basic system of communications so that the COUNTY'S employees shall have the responsibility of notification to CONTRACTOR whenever emergency or routine service is needed CONTRACTOR'S responses under this contract shall be predicated on receiving appropriate notice as to the exact location (reference the location number from SCHEDULE "A") the nature of the malfunction and required service (routine vs emergency) "EMERGENCIES" shall be responded to by CONTRACTORl as soon as possible, and within a two (2) hour period "EMERGENCIES" are to be determined by the BID 107-059 SIGNAL MAINTENANCE 6 MASTER 20 CONSTRUCTION CONTRACT The Signal Group, Inc OPTION "A" - Continued reporting agency; 91 1, COUNTY, and all law enforcement agencies Routine problems will be responded lo within a period of four (4) hours Street lighting repairs shall be completed within a forty-eight (48) hour period unless a parts acquisition problem exists In this case the COUNTY will be notified of the anticipated completion date "EMERGENCY" street lighting repairs, due to knock down will be responded to by CONTRACTOR as soon as possible and within a six (6) hour period Temporary repairs, including the safe- guarding of all circuitry, etc shall be accomplished as under "EMERGENCY" above CONTRACTOR shall notify the COUNTY of recording devices, phone numbers and locations of individuals assigned to maintenance of this contract and shall assure their availability within its terms. Digital beepers shall be used by the maintenance technicians receiving messages in the field. Telephones utilized by the CONTRACTOR for COUNTY work must be accessed through a local exchange 8. In order to insure a "Constant State of Readiness" the CONTRACTOR shall maintain, at his expense, the minimum inventory as described in Schedule 'E", the COUNTY will ver'i the existence of this material by inspection of the CONTRACTOR'S facility This inventory is maintained to facilitate the activities of the CONTRACTOR'S Crews and is not subject to repurchase by the COUNTY, under the Special Provisions of this document Where the COUNTY desires like-kind spares for certain Critical Controller Locations, the COUNTY shall be responsible for providing same Where extended outages are expected due to the unavailability of replacements for failed equipment, CONTRACTOR shall provide temporary operations when possible, but shall not be liable for the four (4) hour repair lime or any consequential action as a resuk of the temporary or emergency operation in so far as it differs in phasing, timing. etc , from the norm If desired by COUNTY, CONTRACTOR will stock any spares for street lighting (poles, luminaries, etc) that the COUNTY requests 9 EXCLUSIONS: A. Repair under base contract price of equipment damaged by hurricane, flood, windstorm, hail, lightening, war, shooting, civil commotions, riots, nuclear blast or any "ACTS Of GOD", beyond the control of CONTRACTOR For repairs necessitated by these and other causes not specifically due to wear and tear, routine or random failure, CONTRACTOR shall submit bills for repair at the rates defined in SCHEDULE "E" B. "KNOCKDOWN" caused by high loads, uncontr.olled vehicles. under mining, collapse, work done by othei-s causing lowering, misalignment, ox' zeadjustment, etc.. Work to mmedy afore names shall be done by CONTRACTOR nt the rates defined in SCHEDULE "A". CONTRACTOR shal1 keep detailed records for use by COUNTY in pursuit of claims against others It shall be the responsibility of COUNTY to seek xedress against third (3rd) parties 1,esponsible for such damage and bills for, such damage shall be paid by the COUNTY, unless othex axrangements axe agreed upon 10 CONTRACTOR shall invoice COUNTY on a monthly basis for services performed Services performed shall be designated as either regular or "EXTRA" and shall be invoiced accordingly A Regular services will be invoiced at a "base" amount which will be expressed in SCHEDULE "E' of this agreement This "base" amount will be for a three (3) year term with the option of two (2) one (1) year extensions, subject to modification for additions and deletions to SCHEDULE "A" at rates expressed in SCHEDULE "B" All materials, that are not supplied by the COUNTY and are not included in the Master Construction Contract Bid 810 r07-059 CONSTRUCTION CONTRACT SIGNAL MAINTENANCE 6 MASTER 21 The Signal Group, Inc. Unit Price Schedule, used In the Executlon of CONTRACTOR'S rendering of routine and emergency maintenance services will be invoiced to the COUNTY at CONTRACTOR'S full cost plus percent. Sufficient documentation of materials used will accompany CONTRACTOR'S invoice each month Current Unit Prices shall remain in effect for three (3) years Unit Price changes may be proposed by the Contractor for the fourth (4') and fifth @Ih) year 8 "Extra" billing for services performed at the COUNTY'S request will be invoiced once a month These billings shall be for services performed by CONTRACTOR that are either not specifically included in this agreement for services or are specifically excluded as per paragraph nine (9). Charges for work performed under this classification shall be based on an hourly rate (SCHEDULE "Br) for equipment usage, travel time, shop time and field labor time. Materials that are not supplied by the COUNTY but are used will be invoiced to the COUNTY by CONTRACTOR'S full cost plus percent. All billings under this classification shall be accompanied by sufficient documentation for the COUNTY to identify and confirm initial request for services, as well as copies of Vendor's Invoices for materials Is C Extra service billings for insurance claims will be invoiced once a month and shall be separate from other charges 11 The term of this agreement will be three (3) years with an option for two (2) one (1) year renewals, the agreement may be extended upon agreement by both parties Contract Unit Prices shall remain in effect for three (3) years. Unit Price changes, may be proposed by the CONTRACTOR for the fourth (4th) and fifth @Ih) year of the contract This agreement may be terminated by either party, at their pleasure upon the next expiration date by serving the other party with a thirty (30) days notice of intent to cancel 12 Under this agreement, CONTRACTOR agrees to provide special work, equipment and sewice when requested by the COUNTY at the amounts shown in SCHEDULE "D" These services shall be for the purpose of completing the effective installation and operation of the COUNTY'S traffic control system BID M7-069 SIGNAL MAINTENANCE b. MASTER CONSTRUCTION CONTRACT 22 OPTION "A" - Continued SPECIAL PROVISIONS 1 2 3 4 5 6 7 8 Contract shall allow for providing all materials, equipment and services necessary to provide County-wide signalization services including emergency on-call response, new construction, rehabilitations, selected maintenance of traffic signals, traffic monitoring sites and streetlight facilities on all County-wfde roads Work covered under this contract is intended to include repair and maintenance necessary because of normal wear and tear and minor incidental damage In the event of sudden, and unexpected damage, such as a catastrophic loss due to knockdowns, floods, hurricanes, severe and prolonged lightening discharge, fires, riots, civil disturbances, wars, etc , necessitating extensive and major repairs beyond and in excess of those normally expected, CONTRACTOR shall only be required to repair or replace equipment under the "cost plus" basis It shall be the respansibility of CONTRACTOR to call to the attention of the COUNTY those instances where extensive repairs are necessary and where it is economically advantageous lo the COUNTY to replace equipment rather than repair il In the event that CONTRACTOR shall be deemed to have substantially failed to perform satlsfactority under this contract, by the COUNTY representative, he shall be so notified and given thirty (30) days, this contract may be canceled and voided after payment of only those just debts and expenses Incurred by CONTRACTOR on behalf of this contract In addition all inventory stocked by CONTRACTOR specifically for this system shall be paid for under contract provisions, and become the property of the COUNTY (as if used) Due to the nature of this contract CONTRACTOR must have a current Certificate of Qualification from the Florida Department of Transportation. A copy of the current Certificate of Qualification must be attached lo the Bid documents for this Bid to be valid At Ihe time of Bidding CONTRACTOR must have a current St. Lucie County Electrical Contractors license and a copy must be attached to the Bid documents or this Bid will be invalid. CONTRACTOR to provide an IMSA Certified Level II or higher Traffic Signal Technician Technician must have TS2 experience and training on Econolite equipment and programming. Intersections, which are Interconnected or otherwise operating under the control of a Remote Master ControllerlCentral Computer must be supervised by a verifiable AREA SUPERINTENDENT who has successfully installed and operated Interconnected systems of four Intersections or more, operating with Aries software CONTRACTOR shall submit, for approval by the COUNTY, the resurne'(s) of the proposed AREA SUPERINTENDENT and Technician(@. In the event that the CONTRACTOR experiences personnel changes during the course of this contract the CONTRACTOR must notify the COUNTY in writing within thirly (30) Days. CONTRACTOR shall also submit the resume of the replacement personnel at this time. Failure to provide properly qualified staff shall result in a reduction of twenty percent (20%) for the monthly base maintenance bill for a period of two (2) months Failure to provide properly qualified personnel within sixty (60) days shall result in termination of this contract BID X07-059 SIGNAL MAINTENANCE L MASTER CONSTRUCTION COKTRACT 23 The Signal Group. Inc (SPECIAL PROVISIONS CONT'D) OPTION "A" Continued 9 All Mast Arms shall be galvanized The cost of all subsurface analysis and structural engineering lo ensure the proper design and sizing of the mast arms and mast arm foundation shall be the responsibility of the CONTRACTOR and shall be included in the unit price for each mast arm assembly. All certified reports and design criteria shall be submitted for the Owner's records The CONTRACTOR will be issued a purchase order for mast arms prior to the beginning of a project due to the excessive lead-time associated with this product.. The CONTRACTOR will not be reimbursed for the storage of these mast arms prior to their installation. The costs for storage will be included In the bid items for mast arms The CONTRACTOR is required to order mast arms within ten (10) days of receipt of purchase order unless otherwise directed by the COUNTY Failure of the CONTRACTOR to fulfill the obligations of this contract could constitute grounds for canceling the contract All mast arm foundations shall be designed for lhe ability to reconfigure and install additional signal heads and signs In the future. The foundations shall be designed for the maximum allowable number of signal heads on the designated segment length of the mast arm and the addition of a sign E1D XO7-059 SlGNAL MAINTENANCE i% MASTER CONSTRUCTION CONTRACT 24 ST. LUCIE COUNTY, LIST OF SIGNALIZED INTERSECTIONS SCHEDULE "A" SIGNAL NO: 03 04 05 06 07 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 eio m7-0~9 LOCATION MIDWAY RD & U S 1 MIDWAY RD 8 OLEANDER BLVD OLEANDER AVE & EDWARDS RD SUNRISE BLVD 8 EDWARDS RD SOUTH 25TH ST & EDWARDS RD WINTER GARDEN PKWY & KINGS HWY ORANGE AVE & KINGS HWY ANGLE RD & KINGS HWY ST. LUCtE BLVD & KINGS HWY ST LUClEBLVD&US 1 INDRIO RD & KINGS HWY INORIO RD & U.S 1 KINGS HWY 8 U.S. 1 AIA & ATLANTIC BEACH BLVD OLD DIXIE HWY 8 AIA AIA&US 1 NORTH 25TH ST & ST LUCIE BLVD MIDWAY RD & SOUTH 25TH ST NORTH 39TH ST 8 METZGER RD NORTH AIA 81 BRYNMAR OLD DIXIE HWY & HARBOR BRANCH ORANGE AVE & HARTMAN RD GLADES CUTOFF RD & LANDFILL SUNRISE BLVD & BELL AVE TYPE ACT ACT ACT ACT ACT ACT ACT ACT MAF ACT ACT ACT ACT ACT ACT* ACT ACT ACT SWF SWF ACT ACT SWF SWF 25 SIGNAL MAINTENANCE S MASTER CONSTRUCTION COWTRACT SCHEDULE "A", Continued 32 33 34 RiO MAR DR & U S 1 35 U S 1 & SPANISH LAKES BLVD 36 38 39 40 41 42 US l&EASYST 43 U S 1 & NORTH 2!jTH ST EDWARDS RD @ FT PIERCE CENTRAL HS U S 1 8 SAVANNA CLUB BLVD MIDWAY RD & GLADES CUTOFF RD MIDWAY RD & WEATHERBEE RD MIDWAY RD & SELVITZ RD NORTH 25" ST & JUANITA AVE ANGLE RD & NORTH 39'" ST 45 MIDWAY RD & 1-95 SOUTHBOUND EXlT 47 48 U S 1 i3 KllTERMAN RO 53 56 103 PRIMA VISTA BLVD & U S 1 113 114 115 EDWARDS RD & SELVITZ RD TORINO PKWY & MIDWAY RD JENKINS RD 8, ORANGE AVE RIO MAR DR & PRIMA VISTA BLVD NARANJA AVE 81 PRIMA VISTA BLVD FLORESTA AVE 8. PRIMA VISTA BLVD 116 PRIMA VISTA @ AIROSO-FIRE STATION NOTE: * PRE-EMPTION = 3 ACT - ACTUATED SIGNAL = 38 SWF -SPAN WIRE FLASHER = 6 MAF - MAST ARM FLASHER = 1 ACT ACT ACT ACT ACT ACT' SWF ACT ACT ACT SWF ACT ACT ACT ACT ACT ACT ACT ACT ACT ACT' BID 107-059 SIGNAL MAlNTEUANCE 6 MASTER CONSTRUCTION CONTRACT 26 The Signal Group, Tnc. SCHEDULE "8" BASE CONTRACT AMOUNT A. For scheduled maintenance of all signalized intersection from SCHEDULE "A" , . , $ 9,OOO/mo Nine thousand dollars and no/100----- 8. For additions or deletions during contract period: add or subtract from 'base amount" accordingly: Flashers-span wire . . . . . , , .. . , . . . . $ 75. Oh Seventy Five dollars and no/loO Seventy Five dollars and no/lOO Flashers-mast arm . ... ._ . . . . . . . . $ 75. 09rno 200. Obo, Signalized Intersections . .. . . $- SCHEDULE "C" EXTRA BILLINGS 1. Repairs to equipment returned lo manufacturer by CONTRACTOR shall be paid, for by COUNTY, at CONTRACTORS full cost plus 25t percent All billing for services of this nature, will be supported by copies of manufacturer's invoice }H r 62.50 2 Shop, travel and field labor hourly billing rate includes one technician with truck $ 1 The COUNTY shall be advised of items which require replacement. Upon written approval from the COUNTY the CONTRACTOR will proceed with the repairs and invoice according to the unit prices found in the Construction Contract. 2 Equipment hourly billings rate: Auger Trucks--42" with Operator $ 96.00 /Hr Bucket Trucks height up to 36'. $ 48.00 /Hr Bucket Trucks height above 35' $ 48.00 IHr Trenching Machine 30" K 4" . $ 45.00 /Hr Concrete Saw with Operator $ 46.00 /Hr $ 190.00 /H, 18 Ton hydraulic crane w/Operator .. Service aerial unit w/Operator $ 04-00 /Hr Backhoe with Operator $ 67.75 /Hr BID 107-059 SIGNAL MAINTENANCE & MASTER CONSTRUCTION CONTRACT 27 SCHEDULE "D" The Signal Group, Inc. SPECIAL LABOR AND EQUIPMENT SERVICES 1. Vehicle Detector Loop Cutting: Asphaft $ 150.00 EA Concrete .. .. $ 375.00 EA 2 Foundation Excavation per DOT Speciflcatlons (3~3~6)(norninal) $ 400.00 EA 3 Concrete Poles: Unloaded at job site, erected in place & poured: Class V 34'-44' . Class VI 40'- 50' .. $ 1,200.00 EA Class VI1 44'- 58' . ,. . $ 12.50 EA 4, Pipe Pushing-2" .............................. 5. Street Lights: Aluminum Poles, unload at job site & erected: Mounting height to 35' ....... ..%. .. $ 450.00 $ 450.00 EA Mounting height above 35' ......... Install new concrete base $ 75e.00 ............... 6. Street Lights: 480V 4OOW HPS Ballast ONLY F&I . $ z75 - OO EA 400W HPS Lamp ONLY F&l . .$ 78 .OOEA 750W HPS Lamp ONLY F&l .. $ 98.00 EA 7 Microwave Detection(4 detectors and all associated hardware)for detection during construction $ 7500.00 PER Intersection Microwave Detection(1 detectors and all associated hardware) for detection during construction $ 1i875.00 PER Direction 8 NOTES: All prices above are for labor and equipment ONLY Equipment and service rates shall be subject to normal equipment rental procedures and regulations For the work directed to be performed other than above, CONTRACTOR'S cost (including overhead) plus an amount equal to YO shall be the basis for payments in accordance with the provisions of the Florida Department of Transportation Standard for Road and Bridge Construction schedule of force account work BID 107-059 SIGNAL MAINTENANCE 6 MASTER CONSTRUCTION CONTRACT 20 The Signal Group, Inc. 1 2. 3. 4. 5 6 7 8 9 10 11 12 13 14. 15 16. 17 18. 19. SCHEDULE "E" 61-MONTHLY PATROL CHECK-IN Verify time settings match master time sheet Verify proper controller operation Check vehicle detectors for proper operation Check for proper interconnect operation - blown fuses, proper switch position, etc. Check clock for correct time and day Check surge protection devices. Check operation of fan and thermostat Check vehlcte and pedestrian signals for outages, alignments, physical damage, etc Check poles, span wire, and cables for damage Check pedestrian detectors for proper operation Check toops for exposed wires, poor sealant, potholes, etc Check hand holes and pull boxes for damage and proper drainage Clear weeds from around cabinet, pull boxes, poles, etc Check area around control cabinet for wash-outs especially near canals Vacuum cabinet, clean equipment, and replace filters as needed Check condition of signing and pavement markings Check cabinet base sealant Check cabinet for "Before You Dig Signs" Verify proper operation of video detection as required BID W7-069 SIGNAL MAINTENANCE & MASTER CONSTRUCTION CONTRACT 29 1 2 3 4 5 6 7 8 9 10 11. 12 13 14. 15 16 17 18 19 20 21 SCHEDULE "F" ANNUAL OVERHAUL CHECK-LIST Verify time settings match master the sheet Verify proper controller operation Check vehicle detectors for proper operation Check for proper interconnect operation - Blown fuses, proper switch position, etc Check clock for correct time and day Check surge protection devices Check operation of fan and thermostats Check vehicle 8, pedestrian signals for outages, alignment, physical damage, etc. Check poles, span wire, mast arms and cables for damage Check pedestrian detectors for proper operation Check loops for exposed wires, poor sealant, potholes, etc Check hand holes and pull boxes for damage and proper drainage Clear weeds from around cabinet, pull boxes, poles, etc. Test and certify Conflict Monitor for proper operation: conflict, 24-volt fail, etc Check service for proper voltage Vacuum cabinet, clean equipment, and replace filter Lubricate locks and hinges Apply insect control if needed Check vehicle signals for proper sight distance and vertical clearance Check signals for repainting needs Check condition of signing and pavement marking , BID 107-059 SIGNAL MAINTENANCE L MASTER CONSTRUCTlON CONTRACT 30 The Signal Group, Inc. SCHEDULE "G" ST. LUClE COUNTY TRAFFIC SIGNAL MAINTENANCE & CONSTRUCTION CONTRACT INVENTORY I SPARE PARTS LIST QUANTITY 8 8 4 8 8 8 4 4 8 2 2 10 6 6 2 1 4 4 4 8 8 4 4 20 2 4 10 2 2 4 3 1 4 4 4 4 4 4 DESCRIPTION Span wire Clamps Adjustable Hangers Extension Pieces for Adjustable Hangers 18 Circuit Disconnect Hangers Tri-Stud Flange Hangers for Disconnects 12" 1 Sect Die-cast Alum Traffic Signal Head with LED lens 12" 3 Sect Die-cast Alum Traffic Signal with LED lens 12" 5 Sect Die-cast Alum Traffic Signal with LED lens 1 Way 1 Section Pedestrian Signals LED 3 Section Back-plates 5 Section Back-plates 12" Tunnel Visors 135 Watt 120 Volt, 8000 Hr Traffic Signal Lamps 90 Watt 120 Volt, 8000 Hr Traffic Signal Lamps 2 Way Top B Bottom Brackets 3 Way Top & Bottom Brackets 18" - 314" Galvanized Eyebolts 22" - 314" Galvanized Eyebolts 24" - 314" Galvanized Eyebolts 114" Stranvises 318" Stranlinks 114" Stranlinks J Line Hardware (Sets) 120/240 Volt, 175 Watt Llghtning/Surge Arresters Adjustable Sign Hanger Brackets Nema Load Switches MMU's 16CN Conflict Monitors Flash Transfer Relays Flashers Portable "Suitcase" Controller DiagnostidTest Equipment TS2 Type Red Led Yellow Led Green Led Red Arrow Yellow Arrow Green Arrow 3/8" Stranvises BID M7-OS9 SIGNAL MAINTENANCE h MASTER CONSTRUCTION CONTRACT 31 The signal Group, Inc. RASED ON BID UNIT PRICES NOTE: This Bid is on a unit price basis Contact Person Don L. Copeland, Jr. 33 Commerce Way Business Address City, State, Zip Code Jupiter, FL 33458 Business Phone Number (561) 744-3206, ext. #35 Fax Number (561) 744-3207 Cell Phone Number (561) 719-6745 BID XO7-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT 32 BIDDERS QUALIFICATION FORM SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT 1 Other pertlnent information is as follows: License Number (please Attach copy) 0014627 ( attached 1 Federal Tax ID# 65-0243807 Federal Empfoyrnent ID # 65-0243807 Submitted on this 3 day of May ,2002 Check Appropriate Box: If an individual 0, partnership 0. or corporation Signature of RY -. Name. Title Printed Don L. Copeland, Jr. President Name, Title, Printed T. H. Mayfield, Secretary/Treasurer If Corporation Only: Attested by Secretary Organizedllncorporated under the laws of the Slate of BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDOER SHALL BE REJECTED AS NON-RESPONSIVE. NON-CONFORMING AND INELGIELE FOR AWARD STATE OF FLORIDA COUNT'fOF Palm Beach Sworn to and subscribed before me on this day of May 120- 07 by Don. L Copeland, Jr , following type of identification. who B is personally known to me or Notary seal (slamped in black ink) Printed, typed or stamped name of Notary and OD- :* 5 OR ='*: -= -. - 52' 50,:. nm 197218 i3z %$'.$*@m,,,w ..+'.** 9s Commission Number. hb .?bzUTPf!?** ((c",." % %lC sTA&\\+ /"%,i,, I,, I,\\\\\\ RID 107-059 33 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT The Signal Group, Inc. BIDDER'S QUALIFICATIONS STATEMENT BID #07-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT THE UNDERSIGNED GUAMNTEES THE TRUTH AND ACCURACY OF ALL STATEMENTS AND ANSWERS HEREIN CONTAINED: BIDDER'S GENERAL INFORMATION: Bidder shall furnish the following information non-responsive and may cause its rejection Additional sheets shal be attached as required 1 Failure to comply with this requirement will render Bid Bidder's Name, Principal Address, Phone and Fax Number: The Signal Group, Inc. 33 Commerce Way, Jupiter, FL 33458 Telephone: ( 561 1 744-3206 Facsimile: ( 561 I 744-3207 ~ 2 3 Number of years as a Contractor in this type of work: Names and titles of all officers, partners or individuals doing business under trade name: l5 years Don L. Copeland, Jr., President Robert A. Higginbotham, Vice President T.H. Mayfield, Secretary/Treasurer Edward T. Shea, Vice President Please provide proof of Stale Cerlificalion and/or State Registration by attaching copies of State Certifications State Registrations shall also be accompanied by proof of Si Lucie County Certificate(s) of Competency by attaching copies of County Certificate(s) Possession of either a State License or Certificatlon must be attained prior to bld submittal. The business is a: Sole Proprietorship a Partnership 0 Corporation Name, address, and telephone number of surety company and agent who will provide the required bonds on this contracf: Mr. Jason Katz of Nielson, Rosenhaus h Associates 4000 South 57th Avenue, Suite #201, Lake Worth, FL 33463 ( 561) 432-5550 €ax: ( 561 1 432-5442 __-___- . _. .--- What is the last project of this nature that you have completed? Martin County KOCC Annual Maintenance Agreement -- .. Have you ever failed to complete work awarded to you If so, when, where and why? NO List the pertinent erperience of the key individuals of your organization (continue on insert sheet. if- at0 to7-059 34 SIGNAL MAINTENANCE AN0 MASTER CONSTRUCTION CONTRACT The Signal Group, Inc. necessary) Enclosed 8 9 10 11 17 18 State the name and licensing of the individual who will have personal supervision of the WORK State of: Florida Robert A. Higginbotham, Vice President and Qualifier. Registered Electrical Contractor. - Will you sublet any part of this WORK? If so, give details No What equipment do you own that is available for the WORK? (Attach additional sheets as necessary) Attached .-- What equipment will you purchase for the proposed WORK? None -.-- - -- .-- ____-. What equipment will you rent for the proposed WORK? None . --_. -- .-- Attach a Balance Sheet, Profit and Loss Statement, or Income Tax Return, which has been signed by a certified public accountant of the undersigned AtLached __.- The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by COUNTY in awarding the contract and such information is warranted by BIODER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualificatlons to perform under the contract shall cause the COUNTY to reject Ihe Bid. and if after the award, to cancel and terminate the award andlor contract The BIDDER also acknowledges that all information listed above may be checked by the COUNT/ and authorizes all entitles or persons listed above to answer any and all questions. BIDDER hereby indemnifies the COUNTY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above .4 Date 22nd May 2007 35 BID 107-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT PURCHASING DEPARTMENT Neil Appel, Director BOARD OF COUNTY COMMISSIONERS ADDENDUM #I RFP #07-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT April 24, 2007 To: All Prospective Bidders: The following changes, additions, clarifications, and deletions amend the Bid Documents of the above captioned Project, and shall become an integral part of the Contract Documents. Please note the contents herein and affix same to the documents you have on hand. Indicate on the Bid Form that this Addendum has been received. CLARlFlCATlONSlCHANGES There will be a MANDATORY pre-bid meeting held on Friday, May 11, 2007 at 1O:OO A.M. The meeting location is: Purchasing Conference Room, Room 228, 2”d Floor, Roger Poitras Annex, 2300 Virginia Avenue, Ft. Pierce, FL 34982. Only those bidders attending this meeting will be able to submit a bid for this project. Also, this will be the last day io submit any questions regarding this project. Please sign and return by mail or fax to (772) 462-1704. SIGNATURE: WL- ADDENDUM #1- RFP #07-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTJON CONTRACT Page 1 of 1 JOSEPH E SMITH. Diltict ND, 1 - DOUO COWARD, Dirlricl Eo. 2 *PAULA A. LEWIS. Direin No 3 CtIARLU: GRAND€, DbWcINo. 4 * CHRIS CRAFT. District No. 5 CUWTY ADMINISTRATOR . DOUGLAS M. ANDEKSCJN 2300 VirBinia Avenue - FmPirrce. FL 34982-5SJ2 * (772)462-1700 * FAX(T721462-1294 May. 22. 2007 ll:41A1M ST, LUCIE CObSTY PUliCHASING . ~ No. 1833 P. ll3 a I I PURCHASING DEPARTMENT Neil Appel, Dlrector ADDENDUM #2 RFP #07-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTlON CONTRACT May 22,2007 To: All Prospective Bidders: The following changes, additions, clarifications, and deletions amend the Bid Documents of the above captioned Project, and shall become an Integral part of the Contract Documents. Please note the contents herein and affuc same to the documents you have on hand. Indicate on the Bid Form that this Addendum has been received. CLARIFICATIONSICHANGES THE BID OPENING DATE HAS BEEN CHANGED TO: FRIDAY, JUNE 1.2007 AT 3:OO P.M, QUESTIONS SUBMITTED: 91. Please clarify the meaning of Total Contract Amount to support the 5% Surety request. Is the Unit Price Schedule included in the overa\l contract price or is the 5% to be based on Schedule 8. Schedule C, Schedule D? There is no 5% Bid Security required for this bld. A Publlc Construction Bond will be required. Al. 42. AZ. Page 8 section 00010 (Publlc Construction Bond) must be sent filled out with the bid. This is usually for the execution of a contract (not for bidding). Please clarify. Page 8 requesting executed Public Constructlon Bond is a clerical error. The Public Construction Bond Is for the execution of the contract. Page 1 Of 5 ADDENDUM #2 - WP W7QSS SIGNAL MAJNTENANCE AND MASTER CONSTRUCTlON CONTRACT May. 22, 2007 11 :41AM ST. LUCIE COUNTY PUXdASING Following are the minutes from the Mandatory Pre-bid Meeting, end the sign-in sheet is attached. Pre-Proposal Conference Meetlng Minutes RFP #07459 Name: Sfgnal Maintenance and Master Construction Contract Date: May 11,2007 Attendees: Horsepower Electric, Inc. Jullo 305-81 QJ1060 305-81 94222 The Signal Group, Inc. Ed Shea 561 -7443208 561-744-3207 The Slgnal Group, Inc. Dan Lewis 561-744-3200 561-744-3207 Professional Highway Malnt. Greg Felsman 7z~amm n7-545-4550 County Staff Ann Amandro, Traffic Operations Supervisor Gene Snedeker, Traffic Signaf Systems Analyst Neil Appel, Director Purchasing Audrey Knott, Executive Assistant Maryann Collins, Purchasing Agent The meetlng commenced at 1O:OO A.M. Neil Appel confirmed that this was a Mandatory Pre-Proposal Meeting for Request for Proposal ## 07- 059 Signal Maintenance and Master Conslruction Contract. Neil Appel also stated that any companies that were not in attendance at this Mandatory Pre-Proposal Meeting, and submitted an RFQ, would be deem Non-Responsive. Neil &pel also confirmed that the RFP closing date, as listed in the RFP Package, is Wednesday, May 23, 2007 at 3:OO PM and that all inquires should be directed to him via email or fax. Any questions that come to him will be distributed to everyone in attendance as an Addendum. ' Neil Appel stated that a copy of the Attendance Sheets and the Minutes would be distributed to everyone at this meeting. Neil Appel then asked if there were any questions on Terms and Conditions, Contractually or any items In the Bid List. Neil stated that there is a Maintenan- Bond and a Bid Bond. Questions and Answers Q: A: What would be the specific procedure on pay items that are not in contract? We negotiate at that point. It is also listed in the "General Conditions". Page 2 of 5 ADDENDUM #Z - RFP m7-8 SIGNAL MAIWENANCE AND MASTER CONStRUCTlON CONTRACT Q: A. Q, A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. May. 22. 20C7 l::41AV ST, IUCIE COU8TY D:'!Ch'ASiNG No. 1833 P, 3/5 With respect to high volatile items, capper, aluminum, steel, generally Is pricing to be held for the duration of the contract? The contract is a three year contract with two optional one-year extensions. At the time of the extenslons you have the rIght to Increase at that point. This Is a monthly retainer contract, correct? Yes. It Is not specific to how many Intersections there are. If we have to add or delete, the monthly amount either increases or decreases. What kind of terms are going to stipulate with respect to a construction job within the limitations of the County and the responsibilities that the maintenance contractor has? The maintenance contractor ha8 no responsibility if an intersection is under construction, Is that from the point that the contract starts or is lhat from the point that the contractor begins the work on that intersection? It is at the point that the County tells you that the lntersection is under contract. At what point to you take that intersection back'? When we accept it. Your response times are noted in the contract? Yes. Routinely you have 4 hours to respond. In an emergency you have 2 hours to res pond. With regard to Hurricane, we will go on a case by case basis? This contract goes on hold with a hurricane. There will be an "Emergency Hurrlcane Contract" in place. DOT controls at that polnt to a cettaln polnt will this contract be utilized by the county for removals to pre-hurricane? No. That becomes my contract for pre-hurricane. If I am told that we are going into a hurricane mode, and we remove signal heads, that Is under my contract. So that will be dealt with individually. Correct. With regard to emergency service contracts with the DOT and its effect on the monthly maintenance contract at that point does the monthly maintenance contract continue at your directives or if it has to be modlfied would be modified at your direct'ies at that point or will it cease at a partlcular point because the DOT has stepped in? It would cease because DOT stepped In. It would come upon my directive if it went either way. Are you going to require specific material if and when that case presents itself? If it is an emergency, and we don't have the equipment in house to furnish what we want, we would have to go with whatever Is provlded. Page 3 of 5 ADDENDUM #2 - RFP M7-069 SIGNAL MAINTENANCE AND MASTER C 0 NSTRU CTlON C 0 "TRACT Yiy. 22, 2GOI !1:42AM ST. I':CiE COUNTY ?I;ICHAS!NG Q. A. Q, A. 0. A. Q. A. Q, A. ,' Upon Phase 4 Final Repair at that point, you guys would have consulted wlth DOT and we would have specifics on specific materials required by individual municipatlties at that point, that would be epeclfic directives that would be worked out once H contracts had been signed and DOT rneetlngs had been had. That would be worked our between you and DOT and then we would have specific ditectiies. Yes. On Page 19 it says uHunlcane Emergency Rate 3 man crew with bucket, pfck up and traller". We are asking for an hourly rate. In the event that specific crews are need but not specified here how would you request or handle that if you needed something other than a three man crew with a bucket truck for some type of emergency work related to hurrlcanes? It depends. We have done it in the past wlth the three man crew. I don't wait until the last minute 80 we have time to leavs one head in each direction. If you go to a fairly decent size intersection, are we required to take those signal heads back to your facflity or will the county have equipment and receive it? If we have time, we wili expect them to be brought back to us. They will have to be marked as they are taken dawn. If we are pushed for time, the county wlll do everytblng we can to assist in a situatlon. After the storm we might utilize that price as we are waiting for DOT to get thelr contract in place. We do our own generators. I You still reserve the right possibly underneath or utilizing your maintenance contract or possibly worklng into negotlations with your signal maintenance contactor Insfallations and removals and those individually as needed if its necessary with a hurricane. We will have to Walt and see what happens, Are we still required under this contract if it is suspended due to Emergency Services contract being in place? Are we still under obligation to maintain the minimum inventory list? No. The meeting adjourned at 10:30 AM. After the meeting dispersed, one of the potential bidders brought up the subject of !he new intersections and the use of strand wire - strand wire shall be according to FDOT specifications. Please slgn and return by mail or fax to (772) 462-1 704, W SIGNATURE: DATE: 2426-7 Page 4 of 5 ADDENDUM 22 - RFP M7.089 SIQNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT May. 22. 2037 11:42AM ST. LllCIE COUNTY ?l;?C+ASISG No. 1833 P. 515 I - COMPAHY TI- COMPANY - REPRESENTATNE w\ REPRESENTATM PHONE PHONE I SIGN IN SHEET MANDATORY PRElBlD MEETING BID #074Ss .. MAINTENANCE AND MASTER CONSTRUCTION CONTRACT 511 112007 @ 10;OO A.M. COMPANY REPRESENTATIVE -m . c, u4L.d PHONE X I938 FM 4x 1704 I I COMPANY I REPRESENTAW I PNOH E I FAX I COMPANY COMPANY REPRESENTATIVE REPRESENTATIVE PHONE PHONE COMPANY COMPANY WESENTAT NE REPRESENTATIVE PHONE PHONE FAX FAX - e COMPANY COMPANY REPRESENTATIVE REPRESEN TATIvE PHONE 1 PHONE COMPANY REPRESENTATIVE PHONE COMPANY REPRESENTATIVE PHON E I FAX I I FAX I I JOSEPH e. SMilti. DiaW No. I DOUQ COWD. DMd No. 2 PAUU A LEWS, Dbv(ct No. J * CHARLES ORAND€ Di NO. 4 .CHRIS CM. Ohm NO. RATOA - DOUOLAE M. ANDERSON "",, .-. I..." Received 'firnearMay. 22. Nlb:43A& 31982-5852 4 (n2)462-1700 FAX m2) 462-tZW EXHIBIT “B” 33 Commerce Way, Jupiter, Florida 33458 Direct (561) 744-3206 Fax (561) 744-3207 E-mail : Sales-EngineeringQt hesignalgroup, org To: Address: 10500 N Military Trail City of Palm Beach Gardens Palm Beach Gardens, FL 33410 Project Name: Project Location: City Of Palm Beach Gardens-Intersection No. 17293 Northlake Boulevard & Hiatt DriveIAlister Boulevard, Palm Beach Gardens, FL Contad: Michael Morrow Phone: (561) 804-7010 Fax: (561) 799-4134 Bid Number: #08102202 Bid Date: 10/22/2008 I The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient@) and may be confidential and/or legally privileged. If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (561) 744-3206 ext 35 and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. l~tem # Item Descrbtion Estimated Ouantitv Unit Unit Price Total Price1 630-1-12 630- 1-13 632-7-1 63 5- 1 - 1 1 639-1-23 639-2-1 639-3 11 659-107 649-432-001 649-433-002 649-436-004 650-51-31 1 650-51-511 653-182 659-101 659-106 659-107 659-118 663-74-11 665-13 CONDUIT 2" U/G (FM) CONDUIT 2" U/P (F&I) CABLE (SIGNAL) (F&I)(600->) PULL & JUNCTION BOXES (F&I) (PULL BOX) ELECTRICAL POWER SERVICE (UNDERGROUND) ELECTRICAL SERVICE WIRE ELECTRICAL SERVICE DISCONNECT (Fa) (POLE MOUNT) CONCRETE PEDESTAL T/S AUX (SERVICE POLE) M/A ASSY (F&I) 150 MPH (Dl-S21) SINGLE ARM W/LUM-36' MIA ASSY (FM) 150 MPH (D3-S22) SINGLE ARM W/LUM-46' M/A ASSY (Fa) 150 MPH (D5-S23),(D6-S24) SINGLE ARM W/LUM SIGNAL TRAFFIC(F&I)(3 SECT 1 WAY)(STD) SIGNAL TRAFFIC(F&I)(5 SECT 1 WAY)(STD) PEDESTRIAN SIGNAL (F&I) (LED-COUNTDOWN) (2 DIRECTION) SIGNAL HEAD AUXILIARIES (BACK PLATES 3 SECT) SIGNAL HEAD AUXILIARIES (TUNNEL VISOR) SIGNAL HEAD AUXILIARIES (ALUMINUM PEDESTRIAN POLE) SIGNAL HEAD AUXILIARIES (BACK PLATES-5 SECTION CLUSTER) 4 CAMERA VIDEO DETECTOR ASSEMBLY (F&I) DETECTOR PEDEST (F&I) ( POLE MOUNTED) 2,461.00 LF 646.00 LF 1.00 INT 16.00 EACH 1.00 AMBY 270.00 LF 1.00 EACH 1.00 EACH 1.00 EACH 1.00 EACH 2.00 EACH 8.00 AMBY 2.00 AMBY 4.00 AMBY 4.00 EACH 34.00 EACH 4.00 EACH 2.00 EACH 1.00 AMBY 8.00 EACH $5.75 $14.00 $4,160.00 $325.00 $905.00 $1.88 $275.00 $495.00 $20,060.00 $25,740.00 $42,430.00 $660.00 $980.00 $1,374.00 $95.00 $25.00 $858.00 $165.00 $28,530.00 $120.00 $14,150.75 $9,044.00 $4,160.00 $5,200.00 $905.00 $507.60 $275.00 $495.00 $20,060.00 $25,740.00 $84,860.00 $5,280.00 $1,960.00 $5,496.00 $380.00 $850.00 $3,432.00 $330.00 $28,530.00 $960.00 Page 1 of 3 33 Commerce Way, Jupiter, Florida 33458 Direct (561) 744-3206 Fax (561) 744-3207 E-mail: Sales-Engineering@thesignalgroup.org To: City of Palm Beach Gardens Address: 10500 N Military Trail Palm Beach Gardens, FL 33410 Project Name: Project Location: City Of Palm Beach Gardens-Intersection No. 17293 Northlake Boulevard & Hiatt DriveIAlister Boulevard, Palm Beach Gardens, FL Contact: Michael Morrow Phone: (561) 804-7010 Fax: (561) 799-4134 Bid Number: #08102202 Bid Date: 1012212008 Item # Item Description Estimated Quantity Unit Unit Price Total Price 670-5-31 CNTLR ASSY, ACT SS (INSTALL) (NEMA) PREEMP 1.00 AMBY $1,800.00 $1,800.00 (NONE) 699- 1- 1 SIGN, INTERNALLY ILLUMINATED (STREET NAME) 4.00 EACH $2,250.00 $9,000.00 783-5-1 ITS PULLBOX FOR FIBER OPTIC 1.00 EACH $2,357.10 $2,357.10 630- 1-1 1 ITS CONDUIT (F&I) (ABOVEGROUND) 20.00 LF $13.50 $270.00 630- 1- 12 ITS CONDUIT (F&I) (UNDERGROUND) 252.00 LF $5.75 $1,449.00 Total Bid Price: $227,491.45 Notes: . Items 649-423-001, 649-433-002, 649-436-004 include traffic mast arm structures and foundations. Accept for item 783-5-1, all other product pricing is per the St. Lucie County Signal Maintenance and Master Construction Contract dated June 1, 2007. Construction of roadway items will be the responsibility of The City of Palm Beach Gardens. Our proposal is valid for 90 days following the date of bid submission. Exception may be granted upon request. Our quotation is based on the reasonable interpretation of the Contract Documents, Plans, Specifications, Special Provisions, Technical Special Provisions, General Notes and Addenda available at the time of bid submission. Unless otherwise stipulated or specifically directed prior, our quote is based on the timely performance of the limited scope of work expressed in our written proposal as represented in the Contract Documents, Plans, Specifications, Special Provisions, Technical Special Provisions, General Notes and Addenda (if applicable). This does not include acceleration of our efforts and costs without recognition. stipulated in the Notice of Bid Solicitation, Advertisement, Contract Documents, Plans, Speafications, Special Provisions, Technical Special Provisions, General Notes and/or Addenda where applicable. Any acceleration or delay constituting a change in the anticipated duration of the original basis of our estimate shall be subject to negotiation. . Providing critical elevations, baseline surveys, survey points, bench marks, grades, and off set stakes are the responsibility of the City of Palm Beach Gardens. Local power company impact fees, permit fee, permitting and surveying are not included. Preparation of shop drawings and submittals generally take 30-45 days following the issuance of a notice to proceed under Acts of God and Unfomen Conditions are not be the responsibility of The Signal Group, Inc. If Builders Insurance is required Cost and Scheduling impact to project resulting from utility conflicts, either underground or overhead, will not be the Don L.Copeland Jr., President & COO Unless otherwise agreed or negotiated in advance of contract execution, our quote is predicated on the Contract Time usual circumstances. A reasonable material procurement is anticipated thereafter (12-18 weeks). The Signal Group, Inc. can provide a proposal for this additional coverage. responsibility of The Signal Group, Inc. (561)744-3206 ext 235 direct (561)744-3207 fax (561)719-6745 mobil (561)775-0025 home Nextel ID# 158*951*393 dcopeland@thesignalgroup.org Page 2 of 3 33 Commerce Way, Jupiter, Florida 33458 Direct (561) 744-3206 Fax (561) 744-3207 E-q-iail: Sales-Engineering@thsignalgroup.org To: City of Palm Beach Gardens Address: 10500 N Military Trail Palm Beach Gardens, FL 33410 Project Name: Project Location: City Of Palm Beach Gardens-Intersection No. 17293 Northlake Boulevard & Hiatt Drive/Alister Boulevard, Palm Beach Gardens, FL Contact: Michael Morrow Phone: (561) 804-7010 Fax: (561) 799-4134 Bid Number: #08102202 Bid Date: 10/22/2008 Payment Terms: By accepting our proposal you agree to the following payment terms: Net 30 days after reciept of invoice ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: The Signal Group Inc. Authorized Signature: Estimator: Rodney 3.Wallen (561j 744-3206 ext 230 rwallen@thesignalgroup.org Page 3 of 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5,2009 Resolution IO, 2009 SubjecVAgenda Item: Approve a contract award to The Signal Group, Inc., for traffic signal improvements at Gardens Parkway and Fairchild Gardens Avenue/San Cristobal Gardens Avenue in the amount of $287,153.52, via an existing contract with St. Lucie County (No. 07-059). [XI Recommendation to APPROVE __ I ] Recommendation to DENY Reviewed by: Assistant City Manager, Operations Department Adminismtor Originating Dept.: Michael Morrow Operations Director, Construction Services Community Services Advertised: Date: Paper: ,J X ] Not Required Affected parties /- [ ] Not required Costs: $287.153.52 (Total) Current FY$287.153.52 Funding Source: [ ]Operating [X ]Other Budget Acct.#: 305.9000.541.6900 PUB01 08.30.05 ~~ Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Location Map Resolution 10,2009 o Agreement [ ]None Meeting Date: February 5,2009 Resolution IO, 2009 BACKGROUND: A warrant study has determined that a traffic signal at the intersection of Gardens Parkway and Fairchild Gardens AvenuelSan Cristobal Gardens Avenue is needed. The most cost effective and timely approach to construction of this signal would be to utilize an existing contract that was competitively bid by St. Lucie County (Bid No. 07-059). This approach will allow for timely ordering and delivery of the mast arms as well as provide an economical price. Therefore, a proposal in the amount of $287,153.52 from The Signal Group, Inc. was received, which was based on such existing agreement. The proposal was also provided based on engineered plans contracted by the City and supplied to The Signal Group, Inc. for pricing. Per a discussion between the previous City Engineer and City Council, the Road Impact Fund will pay for the surveying, design, permitting and construction of this signalized intersection (refer to FY 2007/2008 Budget Book, page 234). Future developments within the Regional Center will be required to pay for these services and replenish the Road Impact Fund. Other elements that will be completed separately at a later date include intersection realignment, median modifications, handicap ramps, signage, striping, and intersection lighting. If approved, this project will commence in February, 2009 and will be complete by June, 2009. Ongoing traffic signal maintenance will be provided by the Palm Beach County Traffic Engineering Division per Resolution 32, 1984. STAFF RECOMMENDATION: Approve Resolution 10, 2009 as presented. LOCATION MAP "4.2, 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 IO, 2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A CONTRACT AWARD TO THE SIGNAL GROUP, INC. FOR TRAFFIC SIGNAL IMPROVEMENTS AT GARDENS PARKWAY AND FAIRCHILD GARDENS AVENUEBAN CRISTOBAL GARDENS AVENUE IN THE AMOUNT OF $287,153.52 VIA AN EXISTING CONTRACT WITH ST. AND FOR OTHER PURPOSES. LUCIE COUNTY (NO. 07-059); PROVIDING AN EFFECTIVE DATE; WHEREAS, the City desires to install a traffic signal at Gardens Parkway and Fairchild Gardens Avenue/San Cristobal Gardens Avenue; and WHEREAS, the City has received a quote from The Signal Group, Inc. in the amount of $287,153.52 for such improvements, which is based on an existing agreement with St. Lucie County, Bid No. 07-059; and WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to "piggyback" an agreement awarded by another governmental agency pursuant to a competitive sealed bid; and WHEREAS, an agreement with The Signal Group, Inc. for traffic signal improvements has been prepared and is attached hereto; and WHEREAS, the City Council of the City of Palm Beach Gardens deems approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves an agreement with The Signal Group, Inc. for the purchase and installation of traffic signal improvements in the amount of $287,153.52. The City Council further authorizes the City Manager to take all actions necessary to ensure that the project is completed in a timely manner, including, but not limited to, change order approvals. SECTION 3. This Resolution shall become effective immediately upon adoption. Resolution 10, 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 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 10 2009 - Signal group agmt - gardens parkway fairchild gardens ave.docx 2 PIGGYBACK AGREEMENT THIS AGREEMENT is made this day of 2009, by and between the CITY OF PALM BEACH GARDENS, a municipal corporati& (hereinafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and THE SIGNAL GROUP, INC. (hereinafter referred to as “Contractor”), whose address is 33 Commerce Way, Jupiter, Florida 33458. WHEREAS, the City is desirous of piggybacking a contract, attached hereto as Exhibit “A”, and incorporated herein by reference, between St. Lucie County, Florida and the Contractor for a term contract for Bid No. 07-059 entitled Signal Maintenance and Master Construction Contract, St. Lucie County Road & Bridge Department. The term Contract is dated June 26, 2007 (hereinafter referred to as “County Agreement”); and WHEREAS, the Contractor is desirous of having the City piggyback onto the County Agreement pursuant to the terms and conditions therein and as modified by such terms and conditions more particularly provided for below, and the parties hereto understand that Florida law shall control as it relates to any conflicts of law between the County Agreement and this Agreement, but as to any conflict, this Agreement shall control. The Signal Maintenance and Master Construction services shall be performed at Gardens Boulevard and Fairchild Lakes Avenue. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration of which the parties hereto acknowledge, the parties agree as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The Contractor shall provide to the City certain contract services, goods, products, and work for Signal Maintenance and Construction as found in the County Agreement. The pricing for such services and/or materials and supplies shall be the same as the County Agreement. 3. The contract amount that the City is permitted to spend in connection with the County Agreement and this Agreement with the Contractor is delineated on Exhibit “B,” attached hereto and by this reference incorporated herein. If no Exhibit “B” is attached hereto, then in accordance with the City’s budget for the same, as amended from time to time, the parties hereto understand that the City has budgeted for the amount of said projects. Nothing herein, however, shall prevent the City from seeking a budget amendment should it require additional sums of money for its projects due to change orders approved in writing by the City. All purchases pursuant to this Agreement shall be done in accordance with the City’s Purchasing and Procurement procedures. All purchases shall be evidenced by such approved purchase orders. 4. The Contractor shall provide to the City all services, goods, work, and products pursuant to the County Agreement and this Agreement. All prices for the items and work herein and in the County Agreement shall be in accordance with the County Agreement and any discount prices provided for therein. All purchases shall be evidenced by a purchase order from the City. The parties hereto understand that payment and performance bonds may be needed from the Contractor for projects in accordance with Section 255.05, Florida Statutes, and the City’s Purchasing and Procurement policies and procedures, and state law. The Contractor agrees not to perform any work without the bonds required and insurance required by the City. 5. The Contractor shall maintain general liability insurance, workers’ compensation insurance, business automobile liability insurance (owned vehicles and non- owned vehicles), builders risk insurance, products completed insurance, and other such insurance requested by the City’s Department of Risk Management and with such limits and deductibles as the City deems necessary as it relates to this Agreement. Prior to commencing any work required hereunder, the Contractor shall provide to the City such insurance coverage that the City has requested and naming the City as an additional insured with thirty (30) days’ notice of cancellation of required coverage(s) hereunder. 6. The City may require the Contractor to provide payment and performance bonds for such work that it performs pursuant to this Agreement and the County Agreement. Any work exceeding Fifty Thousand Dollars ($50,000.00) shall require such bonds. Should the City require such bonds, it shall notify the Contractor, unless otherwise provided above, prior to commencement of any work required herein, and no work shall commence until the City has received and approved such bonds. The amount of such bonds and form of such bonds shall be determined by the City and shall be in conformance with all applicable Florida laws, including, but not limited to, Section 255.05, Florida Statutes. All bonds shall be for 100% of the value of the work and materials. 7. The Contractor agrees, warrants, covenants, and represents that all products, goods, services, and work that it shall perform pursuant to this Agreement and the County Agreement as it relates to the City, including any work done by its subcontractors or at its direction, shall be free from all defects and done in a workmanlike manner. The Contractor warrants the merchantability and fitness of the services, goods, products, and work as contemplated in this Agreement and the County Agreement as it relates to the City’s intended use. The Contractor agrees to warrant the services, goods, products, and work for a period of one (1) year from the date of acceptance of the same by the City or for such warranty period as provided in the County Agreement, whichever is greater. The Contractor shall, prior to any payments being made pursuant to this Agreement, provide release of liens in such form and such amount as the City specifies in approved draw schedule(s). All lien releases shall conform with the Florida Mechanic’s Lien Law F.S. 713.01 et. seq. and F.S. 255.01 et. seq. Further, upon completion of the work by the Contractor, the Contractor shall provide the City with a Contractor’s Final Affidavit pursuant to the statutes referenced above and Florida Law and as reasonably determined by the City, together with final lien releases from all parties working for or under the Contractor regardless of privity. 2 8. The Contractor agrees to supply the City with adequate personnel to provide timely completion of all projects and support contemplated by this Agreement and the County Agreement as it relates to the City. The parties hereto understand that time is of the essence. The Contractor agrees to complete the work within the time provided in accordance with its Notice to Proceed issued by the City. If the Contractor fails to timely complete such work within the time provided, such failure shall be cause for default, and the City may seek all damages in law and/or equity. The Contractor agrees to designate Amanda Reed as the Contractor’s project representative to the City in connection with this Agreement. The City agrees to designate Todd Engle, P.E. as its project representative pursuant to this Agreement. The parties hereto reserve the right to change project representatives on an as-needed basis. 9. The Contractor agrees to indemnify and hold harmless the City, its officers, and employees from any and all liabilities, damages, losses, suits, actions, claims, and/or matters, including costs and reasonable attorney’s fees, to the extent caused by the negligence, gross negligence, or intentionally wrongful conduct of the Contractor and any other persons or entities employed or utilized by the Contractor in performance of this Agreement and the County Agreement as it relates to the City. In addition, the parties hereto agree that 1% of the total compensation to be paid to the Contractor for the performance of this Agreement shall represent the specific consideration for the Contractor’s indemnification of the City as set forth in this section of this Agreement. To the fullest extent permitted by laws and regulations, the Contractor shall indemnify and hold the City and their consultants, agents, and employees harmless from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including, but not limited to, fees and charges of attorneys and other professionals and court costs) arising out of or resulting from the performance of the work, provided that any such claims, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting there from; and (b) caused in whole or in part by any willful or negligent or gross negligent act or omission of the Contractor, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by law and regulation regardless of the negligence of any such party. To the extent permitted by law, in any and all claims against the City or any of its consultants, agents, or employees by any employee of the Contractor, any subcontractor, any person, or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, the indemnification obligation herein shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any such subcontractor or other person or organization under workers’ or workman’s compensation acts, disability benefits acts, or other employee benefits acts. It is the specific intent of the parties hereto that the foregoing indemnification complies with and is subject to Section 725.06, Florida Statutes, if applicable. The indemnification herein is limited to the greater of the Contractor’s insurance coverage or Five Million Dollars ($5,000,000.00), 3 whichever is greater. arising out of contract as well as tort. Further, the indemnification herein covers any action IO. In performance of its obligations hereunder, the Contractor agrees to comply with all applicable laws, rules, regulations, orders, codes, ordinances, criteria, and standards, whether state, federal, or local. 11. The City reserves the right in its sole discretion to accept the use of a subcontractor or to reject the selection of a particular subcontractor. If a subcontractor fails to perform as determined by the City in accordance with this Agreement and it is necessary to replace the subcontractor in order to provide services as required, the Contractor shall promptly do so, subject to acceptance of the new subcontractor by the City. 12. The parties to this Agreement understand that the City is a tax-exempt organization; nothing herein, however, shall exempt the Contractor from paying all of its taxes pursuant to this Agreement. The Contractor agrees that the City may use its Tax Savings Program, as modified from time to time, to save on taxes. 13. This Agreement may be terminated by the Contractor upon thirty (30) days’ prior written notice to the City in the event of a material breach of contract by the City to perform in accordance with the terms of this Agreement through no fault of the Contractor. This Agreement may be terminated by the City, with or without cause, upon thirty (30) days’ prior written notice to the Contractor. Unless the Contractor is in breach of this Agreement, the Contractor shall be paid for services rendered to the City’s satisfaction up to the date of termination. After receipt of a termination notice, and except as otherwise directed by the City, the Contractor shall stop work on the date specified. 14. Neither the City nor the Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term “Uncontrollable Forces” shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquake, storms, lightning, epidemic, war, riots, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 4 15. This Agreement shall be construed in accordance with the laws of the State of Florida. Should any dispute arise from this Agreement, venue shall lie in Palm Beach County, Florida. 16. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. 17. This Agreement is binding upon the parties hereto, their heirs, successors, and assigns. 18. The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age, or national origin. 19. A waiver by either the City or the Contractor of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver or any subsequent default or breach. The parties hereto understand that there shall be no oral waivers. Further, a written waiver in part shall not constitute a waiver of any other part of this Agreement. 20. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rending any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from the Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of this Agreement, be determined to be void. 21 The City and the Contractor agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between the City and the Contractor pertaining to this Agreement, whether written or oral. None of the provisions, terms, and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 22. This Agreement may not be modified unless such modifications are evidenced in writing, signed by both the City and the Contractor. Such modifications shall be in the form of a written amendment executed by both parties. 5 23. Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to the City: As to the Contractor: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Manager The Signal Group, Inc. 33 Commerce Way Jupiter, Florida 33458 -Ez!-Rs A=nd-.--9ts-, &,, Notices shall be effective when sent to the addresses as specified above as provided herein. Changes in respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when sent with a printed confirmation of receipt of the same; however, facsimile transmissions received (i.e., printed) after 5 p.m. or on weekends or holidays will be deemed sent on the next business day. The original of the notice must additionally be mailed certified mail return receipt requested. All mail shall be deemed received upon five (5) business days. The parties may also use overnight delivery services such as Federal Express; however, all such services must have confirmation of delivery. Notice shall be deemed effective under this type of service when received. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of the City and the Contractor. 24. This Agreement is subject to fiscal funding out in accordance with Florida law. (The remainder of this page left intentionally blank) 6 IN WITNESS WHEREOF, the City and the Contractor executed this Agreement as of the day and year first above written. CITY OF PALM BEACH GARDENS By: Eric Jablin, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND THESIGNAL GROUP, INC. (CORPORATE SEAL) WITNESSES: BYLA! C-h \ Print Name- -,-\t G:\attorney_share\AGREEMENTS\l,iggybackagmt-thesignalgroup-gardens blvd-fairchild gardensdoc 7 EXHIBIT “A” ST. LUCIE COUNTY CONTRACT DOCUMENTS The Signal Group, Inc, Bid No. 07-059 Signal Maintenance and Master Construction Contract St. Lucie County Road & Bridge Department CONTRACT THIS CONTRACT, made this ,%$ day of ~ \Cll \p , , 2007, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "COUNTY", and THE SIGNAL GROUP, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR". WITNESSETH: 1. PURPOSE: That the said Contractor agrees with the said County for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the proposal and the accompanying plans, specifications, addenda if any, and drawings, and they are as fully a part of the Contract as if hereto attached or herein repeated, and under security as set forth in the attached contract bond, and to the satisfaction of the duly authorized representatives of the County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Contract. 2. GENERAL DESCRIPTION OR WORK: It is agreed that the work to be done under this contract is for the Signal Maintenance and Master Construction Contract for St. Lucie County as further described in St. Lucie County Bid No. 07-059, made a part hereof by this reference. A. GENERAL -CONDITIONS: (i) Except for Monthly Maintenance, Modifications, and Emergency Repairs, The County Project Manager shall initiate individual construction work assignments to be performed by the Contractor on behalf of the County and in accordance with the Contract Documents. Each work assignment shall describe the specific scope of the work to be performed, the agreed amount of compensation pursuant to the amounts set forth in the Bid Form, and a schedule for the completion of the work. (ii) Contract shall allow for providing all materials, equipment, and services necessary to provide County-wide signalization services including emergency on-call response, new construction, rehabilitations, selected maintenance of traffic signals, traffic monitoring sites and streetlight facilities on all County-wide roads. Quantities if shown are estimates only. The County shall not be held to any minimums or maximums during the period of the Contract. Page 1 of 11 3. PROJECT MANAGER: The County Project Manager is Ann Arnandro at 1772) 462-2848. The Contractor's The Contractor's Contract Area Superintendent is Marvin Clark at j7721 334-681 7. Manager for the Contract is Don L. Copeland at 1561) 744-3206 ext. #35. The parties shall direct all matters arising in connection with the performance of this Contract, other than notices, to the attention of the Area Superintendent for attempted resolution or action. The Area Superintendent shall be responsible for overall resolution or action and shall he responsible for overall coordination and oversight relating to the performance of this Contract. 4. CONTRACT DOCUMENTS: The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, pages 1 through 11 inclusive. 9. C. Specifications, consisting of: Contractor's Bid and Bid Bond, consisting of 27 pages Invitation to Bid and instructions to Bidders, pages 1 to t3, inclusive. Bid Form, pages 9 to 19, inclusive. Traffic Signal Maintenance Scope of Work, pages 20 to 22, inclusive. Special Provisions, page 23 to 25, inclusive. List of Signalized Intersections, Schedule "A", page 25 to S, inclusive. Base Contract Amount Schedule "B" and Extra Billings Schedule "C", page - 2 7, inclusive. Special Labor and Equipment Services, Schedule "D", page 28, inclusive. Bi-Monthly Patrol Check-In, Schedule "E", page 29, inclusive. Annual Overhaul Check-List, Schedule "F", page 30, inclusive. Inventory/Spare Parts List, Schedule "G", page 31, inclusive. Bidder Qualifications forms, pages 32 to 37, inclusive. General Condition, pages 40 to 6!5, inclusive. Addenda No. 1 through2 inclusive. Insurance Certificates, which shall be provided by the Contractor, along with the return of this executed Contract. Any Modifications, including change orders, duly delivered after execution of this Contract. 0. E. F. 5. PERFORMANCE GUARANTY: That the said Contractor guarantees the successful performance of the work for the service intended and further guarantees all materials, workmanship, project performance, and equipment furnished for a period of one (1) year from the date of Final Acceptance and Release of Lien by action of the Board of County Commissioners, St. Lucie County, Florida. Should any such defects be discovered during the one (1) year, the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. In the event that the Contractor should fail to remedy such defects, the County may do so and Page 2 of 11 charge the Contractor the cost thereby incurred. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this Contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective work, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. Should the organization of the Contractor, or its management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stated time, then the County shall have the right to take charge of the work and finish it and provide the labor, materials, and equipment necessary to complete the work as planned within the required time and to charge the cost of all such work against the Contractor and his, or its Surety shall be held responsible therefore. The Contactor fully understands and agrees that the County shall not pay for any obligation or expenditure made by the Contractor prior to the effective date of this Contract, unless the County authorizes such payment in writing. 6. TERM: Term shall be for a period of three (3) years and shall begin on September 21, 2007 with two (2) one-year renewal option provided both parties are in agreement and there are no changes to the terms and conditions. Price escalations will be considered at the time of renewal only and must be documented with written verification of industry price increases. 7. PAYMENT SCHEDULE: County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of this Contract, the total amount not to exceed $420,750.20 (four hundred twenty thousand seven hundred fifty and 2011 00 dollars) per year. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. A. MAINTENANCE CONTRACT PAYMENT: For the maintenance portion of the contract, payments shall be on a monthly basis. B. MODIFICATION, CONSTRUCTION, AND EMERGENCY SERVICES: Shall be paid upon completion of the work and approval of the Application for Payment by the County Project Manger. 6. CONTRACTOR'S WARRANTY OF TITLE: The Contractor warrants and guarantees that title to all Work and equipment covered by an Application for Payment, will have passed to the County prior to the making of the Application for Payment, free and clear of all liens, claims, security interests Page 3 of 11 and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no work or equipment covered by an Application for Payment will have been acquired, subject to any Contract under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 8. AUDIT: The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s1 made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three (3) years after completion of the project and issuance of the final certificate, whichever is sooner. 9. PUBLIC RECORDS: .--- The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Contract. 10. CONTRACTOR RESPONSIBILITY: The Contractor is an independent Contractor and is not an employee or agent of St. Lucie County. Nothing in this Contract shall be interpreted to establish any relationship, other than that of an independent Contractor, between the County and the Contractor, its employees, agents, sub-contractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility of the work and shall bear all losses resulting to him, or it, on account of the amount or character of the work, or because of the nature of the ground in or on which the work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. The Contractor shall protect the entire work, all materials under the Contract and the County's property (including machinery and equipment) in, on, or, adjacent to the site of the work, until final completion and work, from the action of the elements, acts of other Contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the'foregoing, the Contractor shall repair at his, or its, own expense to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the work of the Contractor. Page4 of 11 At his, or its expense, the Contractor shall take all necessary precautions including (without limitation) the furnishing of guards, fences, warning signs, walks, ladders, flags, cables, and lights for the safety of and the prevention of injury, loss, and damage to persons and property including (without limitation) in the term persons, members of the public, the County, its employees and agents, the Project Manger and his employees, Contractor's employees, his or its sub-contractors and their respective employees, other Contractor, their sub-contractors and respective employees, on, about or adjacent to the premises where said work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations, and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage, and destruction to all of his or its materials, tools, appliances, and property of every description and that of his or its sub- contractors and their respective employees or agents, and injury to or death of the CONTRACTOR, his or its employees, sub-contractors or their respective employees or agents, or third parties, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 11. INDEMNITY Contractor agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond Page 5 of 11 the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the County. 12. INSPECTION: The project will be inspected by the Project Manager and will be rejected if it is not in conformity with the Contract provisions. Rejected Work will be immediately corrected by the Contractor. 13. INSURANCE: COMMERCIAL GENERAL LIABILITY: The Contractor shatl maintain and, prior to commencement of this Contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, productslcompleted operations, and personal and advertising injury for limits of not less than $1,000,000 per occurrence and 2) a general aggregate limit of not less than $2,000,000. The policy shall also provide the COUNTY will be given thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. AUTOMOBILE LIABILITY: The Contractor shall maintain and, prior to commencement of this Contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than One Million Dollars ($1,000,000) combined single limit (bodily injury & property damage) per accident, and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. WORKER'S COMPENSATION & EMPLOYERS LIABILITY: The Contractor shall maintain and, prior to commencement of this Contract, provide to the County evidence of Worker's Compensation insurance providing Florida statutory (Chapter 440, Florida Statutes (2002)) limits to cover all employees and include Employers Liability coverage with limits of not less than Five Hundred Thousand Dollars ($500,000) for accidents or disease. The policy shall also provide that the County will be given a thirty (30) day written notice of cancellation or non-renewal. 14. DEFAULT; TERMINATION A. FORCAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (71 calendar days to correct the deficiency. If the Contractor fails to correct the Page 6 of 11 deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) fails to conform to the requirements of this Contract. Fails to perform any of the terms of this Contract or performs work which In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the County in completing the Project and for reimbursement of damages incurred. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, and does expressly waive, in the event of termination, any and all claims for consequential damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit and the like. Page 7 of 11 6. WITHOUT CAUSE The County may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the Contractor. Upon such termination, the Contractor waives any claims for damages from the termination without cause, without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1 1 all bonds shall remain fully in force to insure the County's ability to construct the project for the Contract amount; (2) the County shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the Work, or to negotiate with the number two bidder under the original bid; and (31 the Contractor and his surety shall be jointly and severally responsible for all costs over the original Contract amount incurred by the County in completion of the project, in addition to liquidated damages, construction costs, such costs may include engineering, advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the Work. In the event of termination without cause by either party, the obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force aind effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. 15. NON-DISCRIMINATION: Contractor covenants and agrees that the Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with the respect to hiring, tenure, terms, conditions or priv~ileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicaps (except where based on a bona fide occupational quahfication); or because of marital status, race, color, religion, national origin or ancestry. 16. VERIFICATION OF EMPLOYMENT STATUS: The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) ISection 274A(e) of the INAI. The Contractor agrees that such violation by the Contractolr shall be grounds for the unilateral cancellation of this Contract by the County. 17. FLORlDA PRODUCED LUMBER: Where applicable Contractor agrees to comply with the provisions of section 255.20, Florida Statutes (2003), and as may be amended from time to time. Page 8 of 11 18. ASBESTOS-FREE MATERIALS: Contractor shall not use any asbestos or asbestos-based fiber materials within any building to be constructed or modified pursuant to this Contract. 19. ASSIGNMENT: The County reserves the right to freely assign this Contract. The Consultant, however, shall not assign this Contract to any other persons or firm without first obtaining County’s written approval. In addition, the Consultant shall not have the right to assign any or all of its rights and interests under this Contract to any subsidiary or parent company, or any successor to its business through merger, consolidation, volurhtary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50% of the proprietary interest in the business entity transfer, other than between themselves, their immediate familiqs or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without County=s prior written corhsent shall be deemed a default subject to the remedies provided herein. 20. NOTICES: All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or lmailed by registered or certified mail (postage prepaid) receipt requested and addressed to: As To County: With Copies To: St. Lucie County Administrator St. Lucie County Attorney Administration Annex Administration Annex 2300 Virginia Avenue 2300 Virginia Avenue Ft. Pierce, Florida 34982 Ft. Pierce, Florida 34982 As to Contractor: The Signal Group, Inc. 33 Commerce Way Jupiter, Florida 33458 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered, on the date delivered if by personal delivery, and on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, a$ the case may be, if mailed. 21. NON-WAIVER: The indulgence of either party with regard to any breach or failure to perform any provisions of this Contract shall not be deemed to constitute a waiver of the prdvisions of Page 9 of 11 any portion of this Contract either at the time the breach or failure occurs or at1 any time throughout the term of this Contract. , 22. CONFLICT OF INTEREST: The Contractor represents that it presently has no interest and shall dcquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statues 1 12.31 1. The Contractor further represents that no persons having interest shall be employed for said perfdrmance. The Contractor shall promptly notify the County in writing by certified hail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest, or other circumstances which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. SuCh written notification shall identify the prospective business association, interest or circymstance, the nature of the work the Contractor may undertake and request an opinion of t+e County as to whether the association, interest, or circumstance would, in the opini n of the County, constitute a conflict of interest if entered into by the Contractor. T e County agrees to notify the Contractor of its opinion by certified mail within thirty 13 h 1 days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall state in the notification and the Contractor shall, at hidher option, enter into said association, interest, or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 23. MEDIATION: In the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding 'mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by' law, the mediation process shall be confidential and the results of the mediation or any tedtimony or argument introduced at the mediation shall not be admissible as evidencle in any subsequent proceeding concerning the disputed issue. 24. SUBCONTRACTORS: In the event Contractor requires the service of any subcontractor or professional associate in connection with the work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaiging such subcontractor or professional associate. I 25. DISPUTE RESOLUTDN: Any disputes relating to interpretation of the terms of this Contract or a qiuestion of fact arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall Page 10 of 11 carry on the work and maintain its progress schedule in accordance with the reqbirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. The County Administrator who shall reduce the decision to writing shall decide any dispute that is not resolved by mutual Contract. The decision of the County shall be final and conclusive unless determined by a court of qompetent jurisdiction to be fraudulent, capricious, arbitrary, and so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 26. INTERPRETATION; VENUE: This Contract constitutes the entire Contract between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Contracts befween the parties with respect thereto. This Contract may only be amended as written document, properly authorized, executed and delivered by both parties hereto. This Contragt shall be interpreted as a whole unit and section headings are for convenience oinly. All interpretations shall be governed by the laws of the State of Florida. In the gvent it is necessary for either party to initiate legal action regarding this Contract, venue $hall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under statp law and the Southern District of Florida for any claims which are justiciable in Federal Court. IN WITNESS WHEREOF, the County has hereunto subscribed and the contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONEBS ----- APPROVED AS TO FORM AND b2 I pbq COUNTY ATTORNEY WITNESSES: THE Rv- =-t.l.-* Print Name: L .Ga=€u!LJ -*. Print Title: -m Page 11 of 11 The Signal Group, Inc. SECTION 00300 BID FORM BID #07-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT Board of Countv Commissioners St. Lucie Countv. FJorida 2300 Virginia Avenue Fort Pierce, FL 34982 1, Don L. Copeland, Jr. Representing The Siqnal GrouD. I~C. Company andlor Corporation, agree to perform, the Signal Maintenance 8 Master Construction Contract as specified and described herein: I have received the documents titfed " SIGNAL MAINTENANCE 8, MASTER CONSTRUCTION CONTRACT " I have also received addenda numbers 1 thru * _and have included their provisions in my Bid I have examined both the Bid documents and the construction site($ and submit the followlng Bid in which I agree: 1 To hold my Bid open until an agreement has been executed between the Owner and accepted Bidder or until ninety (90) days after Bids are opened, whichever is shorter 2. Regarding the Disposition of Bid Security, to accept the provisions of the Instructions to the Bidders. 3 To enter into and execute a Contract an the basis of this Bid and, if necessary, to furnish a one hundred percent (100%) Public Construction Bond in accordance with the Instructions to Bidders to guarantee my workmanship and materials to be free from construction defects for a period of not less than one (1) year, if this Bid is accepted 4 To accomplish the work included in and in accordance with the Contract Documents, if this Bid is accepted 5 This contract will be for a period of three (3) years with an option of two (2) one (1) year renew a Is 6 Regarding Compensation for proposed work If this Bid is accepted, I will PERFORM THE WORK REQUIRED for this bid on a unit price basis as reflected in the Bid Unit Price Schedule on pages a through 2 of this Bid Regarding the Award of the Contract If I am awarded a contract for this project, I understand that the award will be for all of the items listed under the Bid Unit Price Schedule 7 8 Maintenance work performed on this contract shall be in accordance with Option A as determined by the COUNTY for the period of the contract BID X07.059 SIGNAL MAINTENANCE 6 MASTER CONSTRUCTION CONTRACT 9 The Signal Group, Inc. MASTER CONSTRUCTION CONTRACT BID UNIT PRICE SCHEDULE 620-1 -1 630-1-11 830- 1 -1 1 630-1-12 630-1-12 630-1 -1 3 630-1 -1 3 630-1 -1 4 630-1-14 032-7 632-7 '632-7-1 '632-7-1 '632-7-1 '632-7-1 '632-7-1 BID 1107653 Ground Electmdes(FB1) LF 1" Above Ground Conduit(F&f) LF 2" Above Ground Conduit(F&l) LF 2" Underground Conduit(F&l) LF 4" Underground Conduit(FB1) LF 2 Underpavement Conduil (F&l) Lf 4" Underpavement Conduit (F&i) LF 2" Rigid Jacked Conduit (FLI) LF 4" Rigid Jacked Conduit (F&l) LF Signal Cable (12 Conductor-F&l) LF Signal Cable (16 Conductor-F&l) LF Signal Cable (Span Length Spec 19-1, 16 Conductor Veh. 12 Conductor Peds 20 Conductor Veh 12 Conductor Peds Range 50 - 149') IMSA PI Signal Cable (Span Length Spec 19-1. 16 Conductor Veh, 12 Conductor Peds 20 Conductor Veh 12 Conductor Peds Range 150' - 199) IMSA PI Signal Cable (Span Length Range 2CO' - 299') IMSA Spec 19-1, 16 Conductor Veh, 12 Conductor Peds 20 Conductor Veh 12 Conducfor Peds PI Signal Cable (Span Length Spec 19-1.16 Condudor Veh, 12 Conductor Peds 20 Conductor Veh 12 Conductor Peds Range 300' - 349') IMSA PI Signal Cable (Span Length Spec 19-1 ,? 6 Conductor Veh, 12 Conductor Peds 20 Conductor Veh 12 Condudor Peds Range 350'- 399') IMSA PI $ 4.75 9.50 $ 13.50 $ 5.75 $ 10.50 f 14.00 $ 28.00 s 26.00 $ 42.00 $ 2.95 $ 3.93 $ 1,235.00 3 1,807.00 $ 2,366.00 $ 2,951.00 $ 3,120.00 SIGNAL MAINTENANCE a MASTER CONSTRUCTION CONTRACT 10 '632-7-1 Signal Cable (Span Length Range 400 - 499) IMSA PI Spec. 19-1,16 Conductor Veh,l2 Conductor Peds 20 Conductor Veh 12 Conductor Peds '632-7-1 Signal Cable (Span Length Range 500' - 599) IMSA PI Spec. 19-1, 16 Conductor Veh, 12 Conductor Peds 20 Conductor Veh 12 Conductor Peds '632-7-1 Signal Cable (Span Length Range 600 or greater) IMSA Spec 19-1,16 Conductor PI Veh, 12 Conductor Peds 20 Conductor Veh 12 Conductor Peds $ 3,380.00 $ 3.770.00 $ 4,160.00 ALL INTERSECTION SPAN LENGTH SHALL CARRY NECESSARY CABLE OR CABLES FOR VEHICLE SIGNALS AND PEDESTRIAN * SIGNALS - BID SHOULD REFLECT TOTAL COST PER INTERSECTION. -. THJS PAGE AND UP "632-8-21 1 "632-8-21 2 "6344-1 12 "634-4-1 13 -634-4-1 14 "634-5-1 "634-6- 1 "635-1-1 1 '*635-1-11A 635-1-31 "639-1-1 3 "639-1 -23 Interconnect Cable Aerial 6 Pr-22 Gauge includes Integral Messenger Cable (PE-38) Interconnect Cable Underground 6 Pr-22 Gauge (PE-39) Span Wire Assembly Diagonal (Span Length Range 50'-550') Span Wire Assembly Box (Span Length Range 50'-550') Span Wire Assembly - Drop Box (Span Length Range Fiberglass Insulalor Messenger Wire Pull Box Pull Box Grounded (Per Index 17503) Pull Box (Install Only) Elec Power Svc - Overhead Elec Power Svc - Under Ground 50' - 550') FURNISH AND INSTALL- THIS PAGE ** BID 107459 SIGNAL MAINTENANCE & MASTER CONSTRUCTION CONTRACT LF L F. LF LF LF LF LF EA EA EA AS AS 11 $ 2.30 $ 3.25 $ 1,040.00 $ 1,940.00 a 2.650.00 250.00 s 2.40 k 325.00 z 375.00 $ 175.00, $ 925.00: $ 905.00 The Signal Group, Inc. "639-2-1 "639-3-1 1 '641-1 "641-1 3-144 "*MI -14-1 38 "*641-14-140 "641-14-141 "641-1 4-14 "641 -1 5-140 "641 -1 5-14 1 "641-15-144 "641 -15-146 "641-1 5-147 "64 1 - 1 5-1 48 "64 1 -1 5-1 49 -641-1 5-150 "641 -34-1 34 "643-1 30 "643-140 "643-145 "649-41 2-001 "649-41 3-002 "64941 6-004 "649-432-001 Electrical Svc Wire Electrical Svc Disconnect Guying Concrete Strain Poles 44' Class IV Conc Pole 38 Class V Conc Pole 40 Class V Conc. Pole 41' Class V Conc Pole 44' Class V Conc Pole 40' Class VI Conc Pole 41' Class VI Conc Pole 44' Class VI Conc Pole 46 Class VI Conc Pole 47 Class VI Conc Pole 48' Class VI Conc Pole 49 Class VI Conc Pole 50' Class VI Conc Pole 34' Class VI Conc Pole 30 Wood Pole with Down Guying 4l'Wood Pole With Down Guying 45' Wood Pole With Down Guying Mast Arm Assembly Single Arm 36 No Luminaire Mast Arm Assembly Single Arm 46 No Luminaire Mast Arm Assembly Single Arm 70' No Luminaire Mast Arm Assembly Single Arm 36' with Luminaire FURNISH AND INSTALL- THIS PAGE ** 810 107-059 SIGNAL MAINTENANCE (L MASTER CONSTRUCTlON CONTRACT LF AS EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA E3 EA EA 12 $ 1.88 5 275.00 $ 525.00 4,780.00 $ 4,760.00 $ 4,790.00 $ 4,850.00 $ 4.880.00 $ 5,160.00 $ 5,170.00 $ 5,210.00 $ 5,210.00 $ 5,260.00 $ 5.290.00 $ 5,680.00 $ 5,760.00 $ 5,025.00 1,500.00 $ $ 1,550.00 $ 1,550.00 e 23,267.00 22,932.00 s 39,708.00 $ 20,060.00 The Signal Group, Inc. "649-433-002 Mast Arm Assembly Single '*649-436-004 Mast Arm Assembly Single Ah 46' with Luminaire "650-51-1 11 "650-51-1 12 "650-5 1 -1 2 1 "650-5 1-1 3 1 "650-51-1 41 "650-51-31 1 "6 50-51 -3 12 "'650-51-321 "650-5 1-322 "650-51 -331 "650-5 1-3 32 "650-51-341 "650-51 -342 "650-51-41 1 "650-51-4 12 "650-51 -5 1 1 "650-51-512 f URNlSH AND INSTALL- THIS PAGE ** Arm 70' with Luminalre - 1 Section Alum Signal Head (127 I Section Lightweight Signal Head (1 2'3 1 Section Alum Signal Head (1 2"/2 Way) 1 Section Alum Signal Head (I 2"/3 Way) 1 Section Alum Signal Head (1274 Way) 3 Seciion Alum Signal Head (12"/1 Way) 3 Section Lightweight Signal Head (I 2") 3 Section Alum Signal Head (12"/2 Way) 3 Section Alum Signal Head (1 2"/2 Way Lt Wt ) 3 Section Alum Signal Head (1 2'73 Way) 3 Section Alum Signal Head (1 2'73 Way Lt Wt ) 3 Section Alum Signal Head (12"/4 Way) 3 Section Alum Signal Head (12'74 Way Lt Wt ) 4 Secrion Alum Signal Head (1 2"/1 Way) 4 Section Alum Signal Head (12'11 Way Lt Wt ) 5 Section Alum Signal Head (12) 5 Section Alum Signal Head (12'71 Way Lt wt ) BID PO7-059 SIGNAL MAINTENANCE 6 MASTER CONSlRUCTION CONTRACT EA EA AS AS AS AS AS AS AS AS AS AS AS AS AS AS AS AS AS 13 $ 25,740.00 $ 42,430.00 $ 335.00 $ 355.00 $ 555.00 $ 665.00 $ 775.00 660.00 0 $ 667.00 $ 1,320.00 $ 1,375.00 $ 1,815.00 1.870.00 $ 2,640.00 2,750.00 $ 820.00 852.00 f s 380.00 $ 980. DO The Signal Group, Inc 650-53-31 1 650-53-32 1 650-53-331 650-53-34 1 650-53-41 1 650-53-51 1 "653-191 "653-182 653-381 653-382 "'659- 1-2 0 "659-1-20 "659-1-20 "659-1-20 3 Section Alum Signal Head (1211 Way) Install Only -3 Section Alum Signal Head (12W Way) Remove Only 3 Section Alum Signal Head (12"/2 Way) Install Only 3 Section Alum Signal Head (1 2/2 Way) Remove Only 3 Section Alum Signal Head (12"/3 Way) Install Only 3 Section Alum. Signal Head (1273 Way) &move Only 3 Section Alum Signal Head (12*/4 Way) Install Only 3 Section Alum Signal Head (1214 Way) RernoveOnly 4 Section Alum Signal Head (12'71 Way) Instar1 Only 5 Sect Alum Signal Cluster Head (12") Install Only 5 Sect. Alum Signal Cluster Head (12") Remove Only 12" Pedestrian Signal Head (1 Sec, 1 Way) 12" Pedestrian Signal Head (1 Sec, 2 Way) 12" Pedestrian Signal Head (7 Way ) lnstall Only 12" Pedestrian Signal Head (2 Way) Install Only LEDs ARed LED'S B Yellow LED'S CGreen LED'S D Red Arrow AS AS AS AS AS AS AS AS AS AS AS AS AS AS AS EA EA EA EA $ 232.00 $ 264.00 8 55.00 3 65.00 $ 298.00 $ 75.00 $ 298.00 $ 85.00 $ 225.00 $ 250.00 3 65.00 16 687.00 $ 374 .OO $ 165.00 4 330.00 $ 154.00 $ 170.00 262.00 $ 148.00 FURNISH AND INSTALL- THIS PAGE ** BID 607.059 SIGNAL MAINTENANCE 6 MASTER CONSTRUCTION CONTRACT 14 The Signal Group, Inc. "659-1-20 "659-1-20 "659-101 *'659-106 "859-1 07 "659-1 07 "659- 107 '659-1 I8 660-2-101 "660-2-1 02 "660-2-1 02 "660-2-1 02 "660-2-1 02 "660-2-1 02 "660-2-106 w660-2-106 "660-2- 106 "660-2-1 07 Type 'G' "660-2-1 09 LED'S E Yellow Arrow LED'S F Green Arrow Backplates 3 Section Tunnel Visors Alum Transformer Base 2'x2'x2' Concrele Pedestal Alum Pedestrian Pole Backplates 5 Section Detector Loop 01 Lead-In Wire 6x40' Existing Signal Type "F" 1-2-1 Wrap Detector Loop & Lead-In Wire 6x6 Type 'B' Detector Loop & Lead-In Wire 6x6 Type 'B" Existing Signal(Advance Loop 250) Detector Loop & Lead-In Wire 6x6 Type '6' Existing Signal (Advance Loop 300') Detector Loop 8 Lead-fn Wire 6x6 Type '8" Existing Signal (Advance Loop 350') Detector Loop & Lead-In Wire 6x6 Type 'B' Existing Signal (Advance Loop 400') Detector Loop i% Lead-In Wire for 6' x 20' Type 'F" Detector Loop & Lead-In Wire for 6'x40' Type 'F' Detector Loop & Lead-In Wire 6~2OExisling Signal Type'F' Speed Class Loop (2x1 Lanes) trl4AWG Loop Lead In 'Belden Only" FURNISH AND INSTALL - THIS PAGE ** BID 107-059 SIQNAL MAlNTENANCE L MASTER CONSTRUCTION CONTRACT EA EA EA E4 EA EA EA EA AS AS AS AS AS AS AS AS AS AS LF 15 $ 154.00 $ 262.00 $ 95.00 $ 25.00 275.00 $ 495.00 3 858.00 165.00 $ 780.00 605.00 $ 605.00 $ 633.00 660.00 $ 695.00 $ 550.00 $ 704.00 $ 625.00 792.00 3.65 $ The Signal Group, Inc. 663-74-1 1 1 Camera Auloscope Solo Pro AS System - F&l, CONTRACTOR SHALL FURNISH AND INSTALL CAMERA AUTOSCOPE SOLO PRO DETECTION ASSEMBLY, TO CONSIST OF: AUTOSOPE SOLE FRO VIDEO DETECTION CAMERA, AUTOSCOPE SOLO PRO CABLE, AUTOSCOPE MOUNT BRACKETS (HORIZONTAL MOUNT BRACKET FOR MAST ARM AND VERTICAL MOUNT BRACKET FOR STRAIN POLE) ALL HARDWARE, LABOR (INCLUDING MOUNTINGIWIRINO, MISCELLANEOUS EQUIPMENT, COAXIAL AND POWER CABLES SHALL BE INCLUDED IN THE COST. CONTRACTOR SHALL FURNISH WNTV ADAPTER AND 25’ SUPERVISOR CABLE (FOR INTERFACE) 663-74-1 1 2 Camera Autoscope Solo Pro AS System - CONTRACTOR SHALL FURNISH AND INSTALL CAMERA AUTOSCOPE SOLO PRO DETECTION ASSEMBLY, TO CONSIST OF: AUTOSOPE SOLE PRO VIDEO DETECTION CAMERA, AVTOSCOPE SOLO PRO CABLE, AUTOSCOPE MOUNT BRACKETS (HORIZONTAL MOUNT BRACKET FOR MAST ARM AND VERTICAL MOUNT BRACKET FOR STRAIN POLE) ALL HARDWARE, LABOR (INCLUDING MOUNTINGMIIRING, MISCELLANEOUS EQUIPMENT, COAXIAL AND POWER CABLES SHALL BE INCLUDED IN THE COST. CONTRACTOR SHALL FURNISH WNTV ADAPTER AND 25’ SUPERVISOR CABLE (FOR INTERFACE) 663-74-1 1 3 Camera Autoscope Solo Pro AS System - CONTRACTOR SHALL FURNISH AND INSTALL CAMERA AUTOSCOPE SOLO PRO DETECTION ASSEMBLY, TO CONSIST OF: AUTOSOPE SOLE PRO VIDEO DETECTION CAMERA, AUTOSCOPE SOLO PRO CABLE, AUTOSCOPE MOUNT BRACKETS (HORIZONTAL MOUNT BRACKET FOR MAST ARM AND VERTICAL MOUNT BRACKET FOR STRAIN POLE) ALL HARDWARE, LABOR (INCLUDING MOUNTINGMIIRING, MISCELLANEOUS EQUIPMENT, COAXIAL AND POWER CABLES SHALL BE INCLUDED IN THE COST. CONTRACTOR SHALL FURNISH WlNTV ADAPTER AND 25’ SUPERVISOR CABLE (FOR INTERFACE) 15 0,390.00 $ 15,745.00 $ 21,998.00 BID X07-059 SIGNAL MAINTENANCE i?. MASTER CONSTRUCTION CONTRACT 16 663-74-1 I 4 Camera Autoscope Solo Pro AS System - CONTRACTOR SHALL FURNISH AND INSTALL CAMERA AUTOSCOPE SOLO PRO DETECTION ASSEMBLY, TO CONSIST OF: AUTOSOPE SOLE PRO VIDEO DETECTION CAMERA, AUTOSCOPE SOLO PRO CABLE, AUTOSCOPEMOUNTBRACKETS (HORIZONTAL MOUNT BRACKET FOR MAST ARM AND VERTICAL MOUNT BRACKET FOR STRAIN POLE) ALL HARDWARE, LABOR (INCLUDING MOUNTING/WIRING, MISCELLANEOUS EQUIPMENT, COAXIAL AND POWER CABLES SHALL BE INCLUDED IN THE COST, CONTRACTOR SHALL FURNISH WlNN ADAPTER AND 25’ SUPERVISOR CABLE (FOR INTERFACE) 665-12 6651 3 670-4-1 670-5-31 670-5-31 678-1 -103 678-1-1 03 678-1-107 Pedestrian Detector With Post and Sign - F&l, POSTWITH ALUMINUM TRANSFORMER BASE AS 4-1Iz” DIAMETER ALUMINUM Pedestrian Detector with Sign - F&l AS Flashing Beacon Controller - FLI, POSTWITH ALUMINUM TRANSFORMER BASE AS 4-1/2“ DIAMETER ALUMINUM Install Controller Assembly - FBI, PRICE SHALL INCLUDE A MINIMUM OF TWO (2) POLICE OFFICERS FOR TRAFFIC CONTROL AS Install Controller Assembly - F&l includes Concrete Pad - F&l PRICE SHALL INCLUDE A MINIMUM OF TWO (2) POLICE OFFICERS FOR TRAFFIC CONTROL. Type 12 Econolite Monitor Furnish WRlarness - Fa1 AS AS 16 Channel Econolite MMU - F&l AS RTC - CPR2 102 Pager Controlled Time Clock - FBI AS F&l FURNISH AND INSTALL BID X07-059 SIC” MAINTENANCE 6 MASTER CONSTRUCTION CONTRACT 17 The Signal Group, Inc. 28,530.00 $ 445.00 $ 120.00 $ 2.500 .OO 1,950.00 $ $ 2,780.00 814.00 $ 1,075.00 935.00 $ The Signal Group, Inc. 685-1 -27 690-1 0 690-20 690-30 690-31 690-40 690-50 690-60 690-70 690-80 690-90 690-91 690-1 00 699-1-1 700-84-1 71 5-1-1 13 71 5-2-334 715-2415 715-1 1-11 1 7 15-1 1-222 F&l Telephone Connection Box. FBI Remove Traffic Signal Head Assembly Remove Traffic Signal Head (3 Section )Assembly Remove Traffic Signal Head (5 Section ) Assembly Remove Pedestrian Signal Assembly Remove Poles Remove Signal Pedestal Remove Mast Am Assembly Remove Controller Assembly Remove Vehicle Detector Assembly Remove Pedestrian Detector Assembly Remove Span Wire Assembly Remove Cabling & Conduits Remove Overhead Street Signs FI EA EA EA EA EA EA EA EA EA EA EA EA EA Remove Existing Interconnect Cable LF Remove Misc EA Sign. Internally Illuminated, Street Name, F&l EA Span Mounted Sign, FBI EA Remove Span Mounted Sign EA Conductor, F&l LF Conduit, F&l LF Conduit, F&l LF Luminaire, F&l EA 480V 400W HPS Ballast Only, F&l EA FURNlSH AND INSTALL -THIS PAGE BID #07-059 SIGNAL MAINTENANCE MASTER CONSTRUCTlON CONTRACT 18 $ 302.00 55.00 60.00 $ 65.00 $ 55.00 $ 2.035.00 $ 55.00 3,850.00 330.00 s $ 20.00 $ 20.00 $ 330.00 $ 770.00 $ 55.00 $ .44 770.00 $ 2,250.00 5 225.00 $ 55.oc 5 2.40 $ 12.50 13.50 $ 375.00 e 325.00 The Signal Group, Inc. 7151 1-223 71 5-1 1-224 715-20-1 715-21-1 715411-135 715-411-150 750-80 Fbl 400W HPS Lamp Only, FLI EA 750W HPS Lamp Only, FII EA Scheduled Cleaning LU Lurninaire Starter Board, F&l EA Lighting Pole Complete (35' Aluminum, Single Arm), F&l Lighting Pole Complete AS (50' Aluminum, Single Arm), F&l AS Telephone Service Pi TOTAL FOR EACH ITEM: FURNISH AND INSTALL -THIS PAGE Hurricane Emergency Rate: 3 Man Crew with bucketlpick up and trailer EID 107-054 SIGNAL MAINTENANCE 6 MASTER CONSTRUCTlON CONTRACT PER HOUR 110.00 t 19 $ 75.00 c 175.00 $ 2,645.00 $ 3,278.00 $ 662.00 e 420,750.20 ~ 1 2 3 4 5 6 7 The Signal Group, Inc. TRAFFIC SIGNAL & STREET LIGHT MAINTENANCE BID UNIT PRICE SCHEDULE OPTl ON "A" TRAFFIC SIGNAL MAINTENANCE SCOPE OF WORK CONTRACTOR shall, In general, be responsible for providing twenty four (24) hour, seven (7) days a week "maintenance' on traffic control devices andlor street lighting at locations defined in Schedule "A" Additions or deletions to SCHEDULE "A", may be made by the COUNTY from time to time whenever traffic signals or street lights are constructed or abandoned or materially changed The COUNTY shall notify CONTRACTOR in writing of such additions and deletions no less than five (5) days prior to the effective date of the change. The add'ilon or deletion will alter the contract amount as defined in SCHEDULE "8" "Maintenance" shall mean all repairs, both routine and emergency necessary for the continued operation of the specified equipment It shall include replacement of parts in the field. bench work, testing of components, repair of circuits, field locates, a replacement of lamps and other steps necessary without exclusion except as noted herein This contract shall expressly cover only work outlined herein, however, CONTRACTOR shall be obligated to perform other such additional work in connection with repairs as specified herein at rates defined in SCHEDULE "B" or by negotiations where specific items are not covered A record system is essentiaf to this contract and CONTRACTOR will be required to maintain records for the COUNTY as a part of his duties Records will include trip reports, work orders, parts replaced, inventory, and timing changes as directed by the PROJECT MANAGER The CONTRACTOR shall log in the Cabinet Log Book any work performed Copies of all records shall remain the property of the COUNTY and shall be available for public inspection during regular business hours, and one copy for the COUNTY use shall be furnished to the TRAFFIC OPERATIONS SUPERVISOR Maintenance shall include routine inspection on all traffic signal devices with a preventative maintenance routine as follows: Patrol all locations Eli- Monthly: See Schedule "E" All locations spot replace signal indication outages on emergency basis CONTRACTOR shall establish and maintain effective and rapid lines of supply for required items. Upon the COUNTY'S notice of need, all parts orders shall be placed by CONTRACTOR, at CONTRACTOR'S expense CONTRACTOR shall maintain drawings and catalogs of various items serviced to expedite parts supply requirement All work, materials, methods, etc, shall correspond to requirements of FDOT, ITE, IMSA, and the MUTCD as applicable A "NOTIFICATION OF FAILURE" system is essential to the operation of the contract COUNTY and CONTRACTOR shall devise a basic system of communications so that the COUNTY'S employees shall have the responsibility of notification to CONTRACTOR whenever emergency or routine service is needed CONTRACTOR'S responses under this contract shall be predicated on receiving appropriate notice as to the exact location (reference the location number from SCHEDULE "A") the nature of the malfunction and required service (routine vs emergency) "EMERGENCIES" shall be responded to by CONTRACTOR, as soon as possible, and within a two (2) hour period "EMERGENCIES" are to be determined by the BID 107-059 SIGNAL MAINTENANCE 6 MASTER CONSTRUCTION CONTRACT 20 The Signal Group, Inc. OPTION "A" -Continued reporting agency; 91 1 COUNTY, and all law enforcement agencies Routine problems will be responded to within a period of four (4) hours Street lighting repairs shall be completed within a forty-eight (48) hour period unless a parts acquisition problem exists In this case the COUNTY will be notified of the anticipated completion date "EMERGENCY" stree! lighting repairs, due to knock down will be responded to by CONTRACTOR as soon as possible and within a six (6) hour period Temporary repairs, including the safe- guarding of all circuitry, etc shall be accomplished as under "EMERGENCY" above CONTRACTOR shall notify the COUNTY of recording devlces, phone numbers and locations of indhriduals assigned to maintenance of this contract and shall assure their availability within its terms. Digital beepers shall be used by the maintenance technicians receiving messages in the field. Telephones utilized by the CONTRACTOR for COUNTY work must be accessed through a local exchange 8. In order to insure a "Constant State of Readiness" the CONTRACTOR shall maintain, at his expense, the minlmurn inventory as described in Schedule "B", the COUNTY will verii the existence of this material by inspection of the CONTRACTOR'S facility This inventory is maintained to facilitate the activities of the CONTRACTOR'S Crews and is not subject to repurchase by the COUNTY, under the Special Provisions of this document Where the COUNTY desires like-kind spares for certain Critical Controller Locations, the COUNTY shall be responsible for providing same Where extended outages are expected due to the unavailability of replacements for failed equipment, CONTRACTOR shall provide temporary operations when possible, but shall not be liable for the four (4) hour repair time or any consequential action as a resull of the temporary or emergency operation in so far as it differs in phasing, timing, etc , from the norm If desired by COUNTY, CONTRACTOR will stock any spares for street lighting (poles, luminaries, etc ) that the COUNTY requests 9 EXCLUSIONS: A. Repair under base contract price of equipment damaged by hurricane, flood, windstorm, hail, lightening, war, shooting, civil commotions, riots, nuclear blast or any "ACTS OF GOD", beyond the control of CONTRACTOR For repairs necessitated by these and other causes not specifically due to wear and tear, routine or random failure, CONTRACTOR shall submit bills for repair at the rates defined in SCHEDULE "B" B. "KNOCKDOWN' caused by high loads, uncontr,olled vehicles, under mining, collapse, woik done by othei-s causing lowering, misalignment, ox' readjustment, etc. Work to t.emedy afore names shall be done by CONTRACTOR nt the rates defined in SCHEDULE "A". CONTRACTOR shalf keep detailed records for use by COUNTY in pursuit of' claims against others It shall be the responsibility of COUNTY to seek redress against third (31d) paxties 1,esponsible for, such darnage and bills for, such damage shall be paid by the COTJNTY, unless othex arrangements are agreed upon 10 CONTRACTOR shall invoice COUNTY on a monthly basis for services performed Services performed shall be designated as either regular or "EXTRA" and shall be invoiced accordingly A Regular services will be invoiced at a "base" amount which will be expressed in SCHEDULE "B" of this agreement This "base" amount will be for a three (3) year term with the option of two (2) one (1) year extensions, subject to modification for additions and deletions to SCHEDULE "A" at rates expressed in SCHEDULE "B" All materials, that are not supplied by the COUNTY and are not included in the Master Construction Contract Bid 810 X07-059 CONSTRUCTION CONTRACT SIGNAL MAINTENANCE & MASTER 21 The Signal Group, Inc. Unit Price Schedule, used In the Execution of CONTRACTOR'S rendering of routine and emergency maintenance services will be invoiced to the COUNTY at CONTRACTOR'S full cost plus percent. Sufficient documentation of materials used will accompany CONTRACTORS invoice each month Current Unit Prices shall remain in effect for three (3) years Unit Price changes may be proposed by the Cantractor for the fourth (49 and fifth (5th) year 8 "Extra" billing for services performed at the COUNTY'S request will be invoiced once a month These billings shall be for services performed by CONTRACTOR that are either not specifically included in this agreement for services or are specifically excluded as per paragraph nine (S). Charges for work performed under this classification shall be based on an hourly rate (SCHEDULE "6") for equipment usage, travel time, shop time and field labor time. Materials that are not supplied by the COUNTY but are used will be invoiced to the COUNTY by CONTRACTOR'S full cost plus percent. All billings under this classification shall be accompanied by sufficient documentation for the COUNTY to identify and confirm initial request for services, as well as copies of Vendor's Invoices for materials l5 C Extra service billings for insurance claims will be invoiced once a month and shall be separate from other charges 11 The term of this agreement will be three (3) years with an option for two (2) one (1) year renewais, the agreement may be extended upon agreement by both parties Contract Unit Prices shall remain in effect for three (3) years. Unit Price changes, may be proposed by the CONTRACTOR for the fourth (4th) and fifth (5Ih) year of the contract This agreement may be terminated by either party, at their pleasure upon the next expiration date by serving the other party with a thirty (30) days notice of intent to cancel Under this agreement, CONTRACTOR agrees to provide special work, equipment and service when requested by the COUNTY at the amounts shown in SCHEDULE 'ID" These services shall be for the purpose of completing the effective installation and operation of the COUNTY'S traffic control system 12 BID M7-069 SIGNAL MAINTENANCE MASTER CONSTRUCTION CONTRACT 22 The Signal Group, Inc. OPTION "A" - Continued SPECIAL PROVISIONS 1 2 3 4 5 6 7 8 Contract shall allow for providing all materials, equipment and services necessary to provide County-wide signalization services including emergency on-call response, new construction, rehabilitations, selected maintenance of traffic signals, traffic monitoring sites and streetlight facilities on all County-wide roads Work covered under this contract is intended to include repair and maintenance necessary because of normal wear and tear and minor incidental damage In the event of sudden, and unexpected damage, such as a catastrophic loss due to knockdowns, floods, hurricanes, severe and prolonged lightening discharge, fires, riots, civil disturbances, wars, etc , necessitating extensive and major repairs beyond and in excess of those normally expected, CONTRACTOR shall only be required to repair or replace equipment under the "cost plus" basis It shall be the responsibility of CONTRACTOR to call to the attention of the COUNTY those instances where extensive repairs are necessary and where it is economically advantageous lo the COUNTY to replace equipment rather than repair il In the event that CONTRACTOR shall be deemed to have substantially failed to perform satlsfactority under this contract, by the COUNTY representative, he shall be so notified and given thirty (30) days, this contract may he canceled and voided after payment of only those just debts and expenses Incurred by CONTRACTOR on behalf of this contract In addition all inventory stocked by CONTRACTOR specifically for this system shall be paid for under contract provisions, and become the property of the COUNTY (as if used) Due to the nature of this contract CONTRACTOR must have a current Certificate of Qualification from the Florida Department of Transportation A copy of the current Certificate of Qualification must be attached to the Bid documents for this Bid to be valid At the time of Bidding CONTRACT'OR must have a current St. Lucie County Electrical Contractors license and a copy must be attached to the Bid documents or this Bid will be invalid CONTRACTOR to provide an IMSA Certified Level II or higher Traffic Signal Technician Technician must have TS2 experience and training on Econolite equipment and programming Intersections, which are Interconnected or otherwise operating under the control of a Remote Master Controller/Central Computer must be supervised by a verifiable AREA SUPERINTENDENT who has successfully installed and operated Interconnected systems of four Intersections or more, operating with Aries software CONTRACTOR shall submit, for approval by the COUNTY, the resume'(s) of the proposed AREA SUPERINTENDENT and Technician(s). In the event that the CONTRACTOR experiences personnel changes during the course of this contract the CONTRACTOR must notify the COUNTY in writing within thirty (30) Days. CONTRACTOR shall also submit the resume of the replacement personnel at this time. Failure to provide properly qualified staff shall result in a reduction of twenty percent (20%) for the monthly base maintenance bill for a period of two (2) months Failure to provide properly qualified personnel within sixty (60) days shall result in termination of this contract BID 107459 SIGNAL MAINTENANCE 6 MASTER CONSTRUCTION COKTRACT 23 The Signal Group, Inc. (SPECIAL PROVISIONS CONT'D) OPTION "A" Continued 9 All Mast Arms shall be galvanized The cost of all subsurface analysis and structural engineering to ensure the proper design and sizing of the mast arms and mast arm foundation shall be the responsibility of the CONTRACTOR and shall be included in the unit price for each mast arm assembly. All certified reports and design criteria shall be submitted for the Owner's records The CONTRACTOR will be issued a purchase order for mast arms prior to the beginning of a project due to the excessive lead-time associated with this product. The CONTRACTOR will not be reimbursed for the storage of these mast arms prior to their installation The costs for storage will be included In the bid items for mast arms The CONTRACTOR is required to order mast arms within ten (10) days of receipt of purchase order unless othewlse directed by the COUNTY Failure of the CONTRACTOR to fulfill the obligations of this contract could constitute grounds for canceling the contract All mast arm foundations shall be designed for the ability to reconfigure and install additional signal heads and signs In the future. The foundations shall be designed for the maximum allowable number of signal heads on the designated segment length of the mast arm and the addition of a sign 810 107-059 SlGNAL MAINTENANCE &MASTER CONSTRUCTION CONTRACT 24 SIGNAL NO: 03 04 05 06 07 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 BID #)7-059 ST. LUClE COUNTY, LIST OF SIGNALIZED INTERSECTIONS SCHEDULE "A" LOCATION MIDWAY RD & US 1 MIDWAY RD 8 OLEANDER BLVD OLEANDER AVE & EDWARDS RD SUNRISE BLVD & EDWARDS RD SOUTH 25TH ST & EDWARDS RD WINTER GARDEN PKWY & KINGS HW ORANGE AVE & KINGS HWY ANGLE RD & KINGS HM ST LUCIE BLVD & KINGS HWY ST LUCIE BLVD & US 1 INDRIO RD & KINGS HM INDRIO RD & U S 1 KINGS HW & U.S. 1 AIA &ATLANTIC BEACH BLVD OLD DIXIE HWY 8 AIA AIA & US 1 NORTH 25TH ST & ST LUCIE BLVD MIDWAY RD & SOUTH 25TH ST NORTH 39TH ST & METZGER RD NORTH AIA & BRYNMAR OLD DIXIE HW & HARBOR BRANCH ORANGE AVE & HARTMAN RD GLADES CUTOFF RD & LANDFILL SUNRISE BLVD & BELL AVE TYPE ACT ACT ACT ACT ACT ACT ACT ACT MAF ACT ACT ACT ACT ACT ACT* ACT ACT ACT SWF SWF ACT ACT SWF SWF 25 SIGNAL MAINTENANCE a MASTER CONSTRUCTION CONTRACT SCHEDULE "A", Continued 32 33 34 35 36 38 39 40 41 42 43 45 47 48 53 56 103 113 114 115 116 NOTE: US 1 &NORTH25THST EDWARDS RD @ FT PIERCE CENTRAL HS RIOMARDR &US 1 U S 1 & SPANISH LAKES BLVD U S 1 & SAVANNA CLUB BLVD MIDWAY RD d GLADES CUTOFF RD MIDWAY RD & WEATHERBEE RD MIDWAY RD & SELVITZ RD NORTH 25" ST 8 JUANITA AVE US IAEASYST ANGLE RD & NORTH 3gT" ST MIDWAY RD & 1-95 SOUTHBOUND EXIT EDWARDS RD a SELVITZ RD U S 1 & Kll7ERMAN RD TORINO PKWY & MlOWAY RD JENKINS RD 8 ORANGE AVE PRIMA VISTA BLVD & U S 1 RIO MAR DR & PRIMA VISTA BLVD NARANJA AVE & PRIMA VISTA BLVD FLORESTA AVE & PRIMA VISTA BLVD PRIMA VISTA @ AIROSO-FIRE STATION * PRE-EMPTION = 3 ACT - ACTUATED SIGNAL 38 SWF - SPAN WIRE FLASHER = 6 MAF - MAST ARM FLASHER = 1 ACT ACT ACT ACT ACT ACT' SWF ACT ACT ACT SWF ACT ACT ACT ACT ACT ACT ACT ACT ACT ACT' 81D #07-059 SIGNAL MAINTENANCE a MASTER CONSTRUCTION CONTRACT 26 The Signal Group, Xnc. SCHEDULE "E" BASE CONTRACT AMOUNT A. For scheduled maintenance of all signalized intersection from SCHEDULE "A" , . , S 9,000/mo Nine thousand dollars and no/loa----- 8. For additions or deletions during contract period: add or subtract from "base amount" accordingly; Flashers-s an wire . ... , .... . ,. .$ . Oho. Seventy P ive dollars and no/loo Flashers-mast arm . .., , . . $ 75.09rno 200. opmo, Seventy Five dollars and 'no/lOo Signalized Intersections ... . . 3- SCHEDULE "C" EXTRA BILLINGS 1. Repairs to equipment returned to manufacturer by CONTRACTOR shall be paid, for by COUNTY, at CONTRACTOR'S full cost plus 25% percent All billing for services of this nature, will be supported by copies of manufacturer's invoice 62.50 IHr 2 Shop, travel and field labor hourly billing rate includes one technician with truck 3 1 The COUNTY shall be advised of items which require replacement. Upon written approval from the COUNTY the CONTRACTOR will proceed with the repairs and invoice according to the unit prices found in the Construction Contract. 2 Equipment hourly billings rate: Auger Trucks-42" with Operator $ 96.00 /Hr Bucket Trucks height up to 36'. $ 48-00 /Hr Bucket Trucks height above 35' $ 4E.00 /Hf Trenching Machine 30" x 4" , $ 45.00 /Hr Concrete Saw with Operator 3 46.00 /Hr 18 Ton hydraulic crane w/Operator $ 190.00 /Hr Service aerial unit doperator $ 84.00 IHr Backhoe with Operator $ 67.75 /Hr BID 107-059 SIGNAL MAINTENANCE d MASTER CONSTRUCTION CONTRACT 27 SCHEDULE "D" SPECIAL LABOR AND EQUIPMENT SERVICES 1. Vehicle Detector Loop Cutting: Asphalt $ 150.00 EA , $ 315.00 EA Concrete .. .. $ 400.00 EA 2 Foundation Excavation per DOT Speciflcatlons (3~3~6)(norninal) 3. Concrete. Poles: Unloaded at job site, erected in place & poured: Class V 34'-44' .. $ 735.00 EA Class VI 40'- 50' .. $ 1,200.00 EA Class VI1 44'- 58' . .... 4. Pipe Pushing-2". .. ,. . . , .. ... .... , . ,.... . . ,. $ 12. 50 EA 5. Street Lights: Aluminum Poles, unload at job site 8. erected: $ $ 450.00 Mounting height to 35' . /. Mounting height above 35' 450.00 EA Install new concrete base $ 750.00 EA 6 Street Lights: 480V 400W HPS Ballast ONLY F&l . $ 275 -00 EA 78. OOEA 400W HPS Lamp ONLY F&l . $ 750W HPS Lamp ONLY F&l . $ 98.ooEA 7 Microwave Detection(4 detectors and all associated hardware)for detection during construction $ 7500.00 PER Intersection Microwave Detection(1 detectors and all associated hardware) for detection during construction $ 875. O0 PER Direction 8 NOTES: All prices above are for labor and equipment ONLY Equipment and service rates shall be subject to normal equipment rental procedures and regulations For the work directed to be performed other than above, CONTRACTOR'S cost (including overhead) plus an amount equal to 5 % shall be the basis for payments in accordance with the provlslons of the Florida Department of Transportation Standard for Road and Bridge Construction schedule of force account work BID 107-059 SIGNAL MAINTENANCE 6 MASTER CONSTRUCTION CONTRACT 20 The Signal Group, Inc. 1 2. 3. 4. 5. 6 7 8 9. 10 11 12 13 14. 15 16. 17 18. 79. SCHEDULE "E" 61-MONTHLY PATROL CHECK-IN Verify time settings match master time sheet Verify proper controller operation Check vehicle detectors for proper operation Check for proper interconnect operation - blown fuses, proper switch position, etc. Check clock for correct time and day Check surge protection devices Check operation of fan and thermostat Check vehlcle and pedestrian signals for outages, alignments, physical damage, etc Check poles, span wire, and cables for damage Check pedestrian detectors for proper operation Check loops for exposed wires, poor sealant, potholes, etc Check hand holes and pull boxes for damage and proper drainage Clear weeds from around cabinet, pull boxes, poles, etc Check area around control cabinet for wash-outs especially near canals Vacuum cabinet, clean equipment, and replace filters as needed Check condition of signing and pavement markings Check cabinet base sealant Check cabinet for "Before You Dig Signs" Verify proper operation of video detection as required BID xO7-059 SIGNAL MNNTENANCE & MASTER CONSTRUCTION CONTRACT 29 The Signal Group, Inc. 1 2. 3 4 5 6 7 8 9 10 11. 12 13 14. 15 16 17 18 19 20 21 SCHEDULE "F" ANNUAL OVERHAUL CHECK-LIST Verify time settings match master the sheet Verify proper controller operation Check vehicle detectors for proper operation Check for proper interconnect operation - Blown fuses, proper switch position, etc Check clock for correct time and day Check surge protection devices Check operation of fan and thermostats Check vehicle 8 pedestrian signals for outages, alignment, physical damage, etc. Check poles, span wire, mast arms and cables for damage Check pedestrian detectors for proper operation Check loops for exposed wires, poor sealant, potholes, etc Check hand holes and pull boxes for damage and proper drainage Clear weeds from around cabinet, pull boxes, poles, etc. Test and certify Conflict Monitor for proper operation: conflict, 24-volt fail, etc Check service for proper voltage Vacuum cabinet, clean equipment, and replace filter Lubricate locks and hinges Apply insect control if needed Check vehicle signals for proper sight distance and vertical clearance Check signals for repainting needs Check condition of signing and pavement marking BID 107459 SIGNAL MAINTENANCE & MASTER CONSTRUCTION COHTRACT 30 The Signal Group. Inc. SCHEDULE "G" ST. LUClE COUNTY TRAFFIC SIGNAL MAINTENANCE & CONSTRUCTION CONTRACT INVENTORY I SPARE PARTS LIST QUANTITY 8 8 4 8 8 8 4 4 8 2 2 10 6 6 2 1 4 4 4 8 8 4 4 20 2 4 10 2 2 4 3 1 4 4 4 4 4 4 BID IMI-bJS SIGNAL MAINTENANCE i% MASTER CONSTRUCTlON CONTRACT DESCRIPTION Span Wire Clamps Adjustable Hangers Extension Pieces for Adjustable Hangers 18 Circuit Disconnect Hangers Tri-Stud Flange Hangers for Disconnects 12" 1 Sect Die-cast Alum Traffic Signal Head with LED lens 12" 3 Sect Die-cast Alum Traffic Signal with LED lens 12" 5 Sect Die-cast Alum Traffic Signal with LED lens 1 Way 1 Section Pedestrian Signals LED 3 Section Back-plates 5 Section Back-plates 12" Tunnel Visors 135 Watt 120 Volt, 8000 Hr Traffic Signal Lamps 90 Watt 120 Volt, 8000 Hr Traffic Signal Lamps 2 Way Top 8 Bottom Brackets 3 Way Top & Bottom Brackets 18" - 314" Galvanized Eyebolts 22" - 314" Galvanized Eyebolts 24" - 314" Galvanized Eyebolts 114'' Stranvises 3/8" Stranlinks 114" Stranlinks J Line Hardware (Sets) 120/240 Volt, 175 Watt LlghtningISurge Arresters Adjustable Sign Hanger Brackets Nema load Switches MMU's 16CN Conflict Monitors Flash Transfer Relays Flashers Portable "Suitcase" Controller Diagnosticfrost Equiprnen t TS2 Type Red Led Yellow Led Green Led Red Arrow Yellow Arrow Green Arrow 318" Stranvises 31 The signal Group, Inc. BASED ON BID UNIT PRICES NOTE: This Bid is on a unit price basis Contact Person Don L. Copeland, Jr. 33 Commerce Way Business Address City. State, Zip Code Jupiter, FL 33458 Business Phone Number fax Number (561) 744-3206, ext. #35 (561) 744-3207 Cell Phone Number (561) 719-6745 BID 107-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT 32 The Signal Group, Inc. BIDDERS QUALIFICATION FORM BfD M7-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT 1 Other pertlnent information is as follows: License Number (Please Attach Copy) ER 0014627 ( attached ) Federal Tax ID# 65-0243807 Federal Employment ID # 65-0243807 Submitted on this E day of May ,2007 Check Appropriate Box: If an individual 0, partnership 0, or corporation Signature of BY _. Name, Title Printed Don L. Copeland. Jr. President Name, Title, Printed T.H. Mayfield, Secretary/Treasurer 1 If Corporation Only: Attested by Secretary !$-)&&&Ld Organizedllncorporated under the laws of the State of '4 BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDOER SHALL BE REJECTED AS NON-RESPONSIVE. NON-CONFORMING AND INELGIBLE FOR AWARD BID LO7-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT 33 The Signal Group, Inc. BIDDER'S QUALIFICATIONS STATEMENT BID tt07-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT THE UNDERSIGNED GUARANTEES THE TRUTH AND ACCURACY OF ALL STATEMENTS AND ANSWERS HEREIN CONTAINED: BIDDER'S GENERAL INFORMATION: Bidder shall furnish the following information non-responsive and may causa its rejection Additional sheets shall be attached as required 1 Failure to comply with this requirement will render Bid Bidder's Name, Principal Address, Phone and Fax Number: The Signal Group, Inc. 33 Commerce Way, Jupiter, FL 33458 Telephone: ( 561 1 744-3206 Facsimile: ( 561 1 744-3207 2 Number of years as a Contmctor in this type of work: 3. Names and titles of all officers, partners or individuals doing business under trade name: Don L. Copeland, Jr., President Robert A. Higginbotham, Vice President l5 years T.H. Mayfield, Secretary/Treasurer Edward T. Shea, Vice President Please provide proof of State Certification and/or State Registration by attaching copies of Slate Certifications State Registra!lons shall also be accompanied by proof of St Lucie County Certificate(s) of Competency by attaching copies of County Certificate(s) Possession of either a State License or Certification must be attained prior to bld submittal. The business is a: Sole Proprietorship 0 Partnership 0 Corporation 0 Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: Mr. Jason Katz of Nielson, Rosenhaus h Associates 4000 South 57th Avenue, Suite #201, Lake worth, FL 33463 -_- . _. --_I_ ( 561) 432-5550 Fax: ( 561 1 432-5442 What is the last project of this nature that YOU have completed? Martin County BOCC Annual Maintenance Aqreernent Have you ever failed to complete work awarded to you If so, when, where and why? No List thepertinent experience of the key individuals of your organization (continue on insert sheet, if BID #07-059 34 SIGNAL MAINTENANCE AN0 MASTER CONSTRUCTION CONTRACT The Signal Group, Inc necessary) Enclosed -~ 8 State the name and licensing of the individual who will have personal supervision of the WORK State of ~lorida Robert A. Higginbotham, Vice President and Qualifier. Registered Electrical Contractor. .--- 9 Will you sublet any part of this WORK? If so, give details No 10 What equipment do you own that is available for the WORK? (Attach additional sheets as necessary) Attached 11 What equipment will you purchase for the proposed WORK7 None ---- - --- .--- -. 17. What equipment will you rent for the proposed WORK? None --.. -- --- 18 Attach a Balance Sheet, Profit and Loss Statement, or Income Tax Return, which has been signed by a certified public accountant of the undersigned Attached ---- The BIDDER acknowledges and understands that the information contained in response to this Qualification’s Statement shall be relied upon by COUNTY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER’S qualificatlans to perform under the contract shall cause the COUNTY to reject the Bid. and if after the award, to cancel and terminate the award andlor contract The BIDDER also acknowledges that all information listed above may be checked by the COUNTY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the COUNTY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise Ihereof, including the dissemination of information requested above -:a&-yc , BY (Signature) Date 22nd May 2007 BID 107-059 SlGW MAINTENANCE AND MASTER CONSTRUCTION CONTRACT 35 BOARD OF COUNTY a ADDENDUM #I RFP #07-059 PURCHASING DEPARTMENT Neil Appel, Djrector SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT April 24, 2007 To: All Prospective Bidders: The following changes, additions, clarifications, and deletions amend the Bid Documents of the above captioned Project, and shall become an integral part of the Contract Documents. Please note the contents herein and affix same to the documents you have on hand. Indicate on the Bid Form that this Addendum has been received. CLARlFJCATlONSlCHANGES There will be a MANDATORY pre-bid meeting held on Friday, May -ii, 2007 at 1O:OO A.M. The meeting location is: Purchasing Conference Room, Room 228, 2"d Floor, Roger Poitras Annex, 2300 Virginia Avenue, Ft. Pierce, FL 34982. Only those bidders attending this meeting will be able to submit a bid for this project. Also, this will be the last day to submit any questions regarding this project. Please sign and return by mail or fax to (772) 462-1704. SIGNATURE: +lALL- Page 1 of 1 ADDENDUM #i - RFP #07-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT JOSFPtI E SMITH, DIS~EI No 1 * DOUO COWARD. DistrkI No 2 *PAULA A LEWIS. DIS~CI No 3 * CHARLES GRANDE, Durrict No. 4 * CHRlS CRAFT. DISU1bl EO 5 COUNTY ADMINISTRATOR . DOUGLAS M ANDERSON 2100 Virginim Avenue . FonRrrce. FL 34982.5652 - (772)462-1700 * FIV:(772)462.1294 i May. 22, 2007 ll:41AM 5T. LUCIE COGSTY PUfiCtr’ASING . No, 1833 P. 1/3 I I PURCHASING DEPARTMENT Neil Appel, Dlrector i ADDENDUM #2 RFP M7-059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT May 22,2007 To: All Prospective Bidders: The following changes, additions, clarifications, and deletions amend the Bid Documents of the above captioned Project, and shall become an Integral part of the Contract Documents. Please note the contents herein and affi same to the documents you have on hand. Indicate on the Bid Form that this Addendum has been received. CURIFICATIONSICHANGES THE BID OPENING DATE HAS BEEN CHANGED TO: FRIDAY, JUNE 1.2007 AT $00 P.M. QUESTIONS SUBMITTED: Q1. Please clarify the meaning of Total Contract Amount to support the 5% Surety request. Is the Unit Price Schedule included In the overall contract price or is the 5% to be based on Schedule B, Schedule C, Schedule D? There is no 5% Bld Secudty required for this bid. A Publlc Construction Bond will be required. Al. 42. A2. Page 8 section 00610 (Publlc Construction Bond) must be sent filled out with the bid. This is usually for the execution of a contract (not for bidding). Please clarify. Page 8 requesting executed Public Constructlon Bond is a clerical error. The Pubffc Construction Bond Is for the execution of the contract. Page 1 of 5 ADDENDUM #Z - WP #1705Q SIGNAL MAINTENANCE AND MASTER CONSTRUCTlON CONTRACT May. 22. 2007 11:41AM ST. LUCIE COUNTY PUXCdASING Following are the minutes from the Mandatory Pre-bid Meeting, end the sign-in sheet is attached. Pre-Proposal Conference Meetlng Minutes RFP #07459 Name: Slgnal Maintenance and Anester Construction Contract Date: May 14,2007 Attendees : Horsepower Electric, Inc. Jullo 305-81 94060 305-81 94222 The Signal Group, Inc. Ed Shea 561-744-3206 661 -744-3207 The Slgnal Group, Inc. Dan Lewis 561-744-3206 561-744-3207 Professional Highway Malnl. Greg Felsman 727-545-7976 727-545-4559 County Staff Ann Amendro. Traffic Operations Supervisor Gene Snedeker, Traffic Signal Systems Analyst Neil Appel, Director Purchasing Audrey Knott, Executive Asslstant Maryann Collins, Purchasing Agent The meetlng commenced at 1O:OO A.M. Neil Appel confirmed that this was a Mandatory Pre-Proposal Meeting for Request for Proposal # 07- 059 Signal Maintenance and Master Construction Contract. Neil Appel also stated that my companies that were not in attendance at this Mandatory Pre-Proposal Meeting, and submitted an RFQ, would be deem Non-Responsive. Neil Appd also confirmed that the RFP closing date, as fisted in the RFP Package, is Wednesday, May 23, 2007 at 3:OO PM and that all inquires should be dfrected to him via email or fax. Any questlons that come to him will be distributed to everyone in attendance as an Addendum. ' Neil Appel stated that a copy of the Atfendance Sheets and the Minutes would be distributed to everyone at thls meeting. Neil Appel then asked if there were any questions on Terms and Conditions, Contractually or any items In the Bid List. Neil stated that there is a Maintenance Bond and a Bid Bond. Questions and Answers Q: What would be the specific procedure on pay items that are not in contract? A: We negotiate at that point. It is also listed in the "General Conditions". ADDENDUM #Z - RFP #07959 SIGNAL MAlNENANCE AND MASTER CON$tRUCTlON CONTRACT Page 2 of 5 May, 22. 2007 1':41AM ST. LUCIE COUITY DII'ICh'ASiNG Q: A. 0, A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. i With respect to high volatile items, copper, aluminum, steel, generally Is pricing to be held for the duratlon of the contract? The contract b I three year contract with two optional one-year extensions. At the time of the extenslons you have the rfght to Increase at that point. Thls Is a monthly retainer contract, correct? Yes. It Is not specific to how many Intersections there are. If we have to add or delete, the monthJy amount either increases or decreases. Whet kind of terms are going to stipulate with respect to a construction job within the limitations of the County and the responsibilities that the maintenance cantractor has? The maintenance contractor has no reeponaibility if an intersectl on Is under construction, Is that from the point thal the contract starts or is that from the point lhat the contractor begins the work on that Intersection? It Is at tho polnt that the County tells you that the Intersection is under contract. At what point to you take that intersection back? When we accept it Your response times are noted in !he contract? Yes. Routinely you have 4 hours to respond. In an emergency you have 2 hours to respond. With regard to Hurricane, we will go on a case by case basis? This contract goes on hold with a hurricane. There will be an "Emergency Hurrlcane Contract" in place. DOT controls at that polnt to a ceftaln point Will this contract be utilized by the county for removals to pre-hurricane? No. That becomes my contract for pre-hurricane. If I am told that we are going into a hurricane mode, and we remove signal heads, that Is under my contract. So that will be dealt with individually. Correct. Wfih regard to emergency service contracts with the DOT and its effect on the monthly maintenance contract at that point does the monthly maintenance contract continue at your directives or if it has to be modified would be modified at your directiies at that point or will it cease at a particular point because the DOT has stepped in? It would caasct because DOT stepped In. It would come upon my directive if it went either way. Are you going to require specific material if and when that case presents itself? If It Is an emergency, and we don't have the equipment in house to furnish what we want, we would have to go with whatever Is provlded. Page 3 of 5 ADDENDUM #2 - RFP W069 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT Yiy. 22. IC07 !1:42AM ST. LXIE COLNTY ?XCYAS!YG No, 1833 P. 4/5 Q. A. Q* A. 0. A. Q. A. a, A. . .I .; Upon Phase 4 Final Repair at that point, yau guys would have consulted wlth DOT and we would have specifics on specific materials required by individual munldpallfies at that point, that would be specific directives that would be worked out once H contracts had been signed and DOT msetfngs had been had. That would be worked our between you and DOT and then we would have speck directiies. Yes. On Page 19 it says "Hunlcane Emergency Rate 3 man crew with bucket, pfck up and trallet". We are askjng for an hourly rate. In the event that specMc crews are need but not speclfled here how would you request or handle that if you needed something other than a three man crew with a bucket truck for some type of emergency work related to hurrlcanes? It depands. We have done it in the past wlth the three man crew. I don't wait until the last minute eo we have time to leava one head in each direction. If you go to a fairly decent size intersection, are we required to take those signal heads back to your facility or will the county have equipment and recelve it? If we have time, we will expect them to be brought back to us. They will have to be marked as they are taken down. If we are pushed for time, !he county wlll do everything we can to assist in a situatlon. After the storm we might utilize that price as we are waiting for DOT to get their contract in place. We do our own generators. I YOU stili reserve the right possibly underneath or utilizing your maintenance contract or possibly working Into negotlations with your signal maintenance contactor installations and removals end those individually as needed if its necessary with a hurricane. We will have to Walt and see what happens. Are we still required under this contract if it is suspended due to Emergency Services contract being in place? Are we still under obligation Lo maintain the minimum inventory list? No. The meeting adjourned at 10:30 AM. After the meeting dispersed, one of Ihe potential bidders brought up the subject of the new intersections and the use of strand wire - strand wire shall be according to FDOT specifications. please slgn 8nd return by mail or fax to (772) 462-1 704, S l GNAW RE: a&- \--/ * DATE: zks57 Page 4 of 5 ADDENDUM 12 - RFP W969 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT Wjy. 22. 2037 11:42A# ST. lliCIE COUNTY ?;XGP.SIEG lo. 1833 P. 515 COMPANY REPRESENTATIVE SIGN IN SHEET MANDATORY PRE-BID MEETlNQ BID m7.059 SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT 511 V2O07 @ 1O:OO A.M. COMPANY REPRESENTATIVE PHONE I’ PHONE - COMPANY WRESENTATIE PHONE FAX i , 1- I I 1 f COMPANY 1 REPRESENTATWE I PHONE ] FAX I * I - COMPANY . COMPANY EPRESWA’IIVE REPRESENTATIVE PHONE PHONE COMPANY COMPANY REPRESENTATIVE REPRESENTAWE PHONE PHONE I - PAX I FAX i EXHIBIT “B” iter, Florida 33458 gQthesignalgroup.org To: City of Palm Beach Gardens Address: 10500 N Military Trail Palm Beach Gardens, FL 33410 Project Name: Project Location: #08111404 Gardens Blv / Fairchild Gardens Ave Gardens Blv & Fairchild Gardens Ave, Palm Beach Gardens, FL Contact. Michael Morrow Phone: (561) 804-7010 Fax: (561) 799-4134 Bid Number: #08111404 Bid Date: 11/14/2008 The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s) and may be confidential and/or legally privileged. If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained In it. In that event, please contact us immediately by telephone (561) 744-3206 ext 35 and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Item # Item Description Estimated Quantity Unit Unit Price Total Price 630-1-12 630- 1 - 13 632-7-1 635-1-11 639-1-23 639-2-1 639-3 11 649-436-004 650-51-31 1 650-51-51 1 653-182 659-101 659-106 659-107 659-107 659-118 663-74-11 665-13 670-5-31 699- 1- 1 630-1-13 635-1-15 635-1-16 Notes: C0NDUIT:T U/G (F&I) C0NDUIT:T U/P (F&I) CABLE (SIGNAL) (FURNISH & INSTALL) PULL &JUNCTION BOXES (F&I) (PULL BOX) ELECTRICAL POWER SERVICE (UNDERGROUND) ELECTRICAL SERVICE WIRE ELECTRICAL SERVICE DISCONNECT (F&I) (POLE MOUNT) ARM W/LUM SIGNAL TRAFFIC(F&I)(3 SECT 1 WAY)(STD) SIGNAL TRAFFIC(F&I)(5 SECT 1 WAY)(STD) PEDESTRIAN SIGNAL (F&I) (LED-COUNTDOWN) (2 DIRECTION) SIGNAL HEAD AUXILIARIES (BACK PLATES 3 SECT) SIGNAL HEAD AUXILIARIES (TUNNEL VISOR) CONCRETE PEDESTAL T/S AUX (SERVICE POLE) SIGNAL HEAD AUXILIARIES (ALUMINUM PEDESTAL) SIGNAL HEAD AUXILIARIES (BACK PLATES 5 SECT 4 CAMERA VIDEO DETECTION ASSEMBLY (F&I) DETECTOR PEDESTAL (F&I) ( POLE MOUNTED) CNrL ASSY ACT SS (INSTALL) NEMA PRE (NONE) INTERNALLY ILLUMINATED SIGN (STREET NAME) MAST ARM ASSY (F&I) 150 MPH (D5-S23 LUM) SINGLE CLU) WB) PVC) ITS CONDUIT (Fa) (DIRECTIONAL BORE 2-2”)(HDPE & ITS PULLBOX FOR FIBER OPTIC 17X 30X 12 (F&I) ITS WLLBOX FOR FIBER OPTIC 30X 48X 24 (Fa) 1,942.00 LF 510.00 LF 1.00 INr 11.00 EACH 1.00 EACH 1.00 EACH 4.00 EACH 6.00 AMBY 2.00 AMBY 4.00 AMBY 2.00 EACH 28.00 EACH 1.00 EACH 4.00 EACH 2.00 EACH 1.00 AMBY 8.00 EACH 1.00 AMBY 4.00 EACH 250.00 LF 2,150.00 LF 2.00 EACH 2.00 EACH $5.75 $14.00 $4,160.00 $325.00 $905.00 $1.88 $275.00 $42,430.00 $660.00 $980.00 $1,374.00 $95.00 $25.00 $495.00 $275.00 $165.00 $28,530.00 $1,800.00 $2,250.00 $14.90 $496.00 $1,097.01 Total Bid Price: $120.00 $1 1,166.50 $7,140.00 $4,160.00 $3,575.00 $905.00 $470.00 $275.00 $169,720.00 $3,960.00 $1,960.00 $5,496.00 $190.00 $700.00 $495.00 $330.00 $28,530.00 $960.00 $1,800.00 $9,000.00 $32,035.00 $992.00 $287,153.52 $1,100.00 $2,194.02 . Item 649-436-004 includes a traffic signal mast arm and a foundation. Accept for items 635-1-15 and 635-1-16, all other product pricing is per the St. Lucie County Signal Maintenance and Master Construction Contract dated June 1,2007. Construction of roadway items will be the responsibility of The City of Palm Beach Gardens. 11/21/2008 2:40:21 PM Page 1 of 3 To: City of Palm Beach Gardens Address: 10500 N Military Trail Palm Beach Gardens, FL 33410 Project Name: Project Location: #08111404 Gardens Blv / Fairchild Gardens Ave Gardens Blv & Fairchild Gardens Aver Palm Beach Gardens, FL 11/21/2008 2:40:21 PM Contact: Michael Morrow Phone: (561) 804-7010 Fax: (561) 799-4134 Bid Number: #08111404 Bid Date: 11/14/2008 Page 2 of 3 iter, Florida 33458 g@thesignalgroup.orq To: Address: 10500 N Military Trail City of Palm Beach Gardens Palm Beach Gardens, FL 33410 Contact: Michael Morrow Phone: (561) 804-7010 Fax: (561) 799-4134 ~~ Project Name: #08111404 Gardens Blv / Fairchild Gardens Ave I Bid Number: #08111404 1 Project Location: Gardens Blv & Fairchild Gardens Ave, Palm Beach Gardens, FL Bid Date: 11/14/2008 I ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: 1/21/2008 2:40:21 PM CONFIRMED The Signal Group Inc. Authorized Signature: Estimator: Danny L. Trigg Sr. 561-744-3206 dtrigg@thesignalgroup.org Page 3 of 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum .Date Prepared: January 12, 2009 Meeting Date: February 5, 2009 Resolution 12, 2009 SubjecffAgenda Item: Approving and ratifying the Collective Bargaining Agreement between the City and the Professional Firefighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc. [ X ] Recommendation to APPROVE I1 Recommendation to DENY I HR Administrator Submitted by: Peter T. Bergel Apw City anager Originating Dept.: Fire Rescue Advertised: Date: Paper: [ x] Not Required Affected parties [ ] Notified c [ x] Not required Costs: $ $696.229 (Total) $ $225,252 Current FY Funding Source: [ X] Operating [ ] Other Budget Acct.#: Fire Rescue Operating Council Action: : ] Approved [ ]Approved w/ conditions [ J Denied [ ] Continued to: Attachments: Staff Report Resolution 12,2009 IAFF Collective Bargaining Agreement Letter From IAFF [ ]None Meeting Date: February 5,2009 Resolution 12,2009 BACKGROUND: Fire Rescue began negotiations with the IAFF in January 2008 for a new three- (3) year Collective Bargaining Agreement that expired on September 30, 2008. Historically, negotiations between the City and the IAFF have been conducted in the collective bargaining format. On March 13, 2008, the City met with the IAFF to review both parties’ proposals. Subsequently, additional bargaining sessions were conducted; we arrived at impasse with the IAFF over seven issues. On September 22, 2008 contract negotiations were concluded and impasse was declared. The Impasse Hearing was scheduled to be heard on November 21,2008, but was cancelled as both parties agreed to come back to the table on November 19, 2008 to try to resolve the remaining seven open articles. The City and IAFF came to an agreement which is now before the Council for approval. Staff has participated in this process from the very beginning and is confident that the interests of the City and the Department will be met by this contract. The major changes to the contract are in staffing, with the negotiation of a revised article which gives the department greater flexibility to utilize personnel where needed instead of paying overtime, and salaries, which includes a three (3%) percent salary increase for the first year of the contract and a two (2%) percent salary increase the second and third years. Additionally, employees will contribute an additional one (1 %) percent of their salaries towards the VEBA for the second and third years of the contract. The cost of the proposed collective bargaining agreement is $696,229 distributed over three years. There have been many language clarification changes that will eliminate contract interpretation issues that have arisen in the past. Additionally, both sides have negotiated more stringent requirements for step-up assignments and revised the random drug testing policy that will ensure the highest quality of service delivery. STAFF RECOMMENDATION: Approve Resolution 12, 2009, ratifying the collective bargaining agreement between the City and the Professional Firefighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc. Professional FirefighterdParamedics of Palm Beach County, Inc. IAFF Local 2928 2328 South Congress Avenue Suite 2-C West Palm Beach, Florida 33406-7674 www.lAFF2928.com 561 -969-0729 Fax: 561 -969-1 059 January 16,2009 Chief Pete Bergel Palm Beach Gardens Fire Department 10500 North Military Trail Palm Beach Gardens, Florida 334 10 Dear Chief Bergel, Re: CBA 2008- 201 1 Ratification I am writing this letter to inform you that the Collective Bargaining Agreement for 2008 - 201 1 between the members of Professional FirefightersParmedics of Palm Beach County, Inc., Local 2928, and the city of Palm Beach Gardens was voted on during two night meetings held Wednesday, January 1 4h and Thursday, January 15', 2009, passed and therefore was ratified. If you should need any additional information regarding this ratification vote, please do not hesitate to contact me; otherwise, thank you very much for your time and consideration with this matter. cc: R,Ferris M. Floyd Affiliated with the International Association of Fire Fighters, AFL-CIO, CLC a9- 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 47 RESOLUTION 12,2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AND RATIFYING A COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS AND PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. EMPLOYED BY THE CITY'S FIRE RESCUE DEPARTMENT FOR FISCAL YEARS 2008- 2009, 2009-201 0, AND 201 0-201 1 ; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City's Negotiating Team and the Professional Firefighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc. have reached agreement regarding the Collective Bargaining Agreement by the City of Palm Beach Gardens Fire Rescue Department for fiscal years 2008-2009, 2009-201 0, and 201 0-201 1 ; and WHEREAS, the members of the bargaining unit subject to the Collective Bargaining Agreement have voted in favor of ratification; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens hereby approves and ratifies the Collective Bargaining Agreement between the City and the Professional Firefighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc. employed by the City's Fire Rescue Department for fiscal years 2008-2009, 2009-201 0, and 201 0-201 I, attached hereto as Exhibit "A", and authorizes the Mayor to execute the Agreement on behalf of the City. SECTION 3. This Resolution shall become effective immediately upon adoption. Resolution 12, 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 3% 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: PV. Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney VOTE: MAYOR JABLIN VICE MAYOR LEVY COUNCILMEMBER RUSSO COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO AYE NAY ABSENT G:\attorney-share\RESOLUTIONS\2009\Resolution 12 2009 - IAFF Ratification.docx 2 - --T Resolution 12, 2009 EXHIBIT “A” COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF PALM BEACH GARDENS PROFESSIONAL FIRE FIGHTERS/PARAMEDICS OF LOCAL 2928, IAFF, INC. PALM BEACH COUNTY OCTOBER 1, 2008 TO SEPTEMBER 30, 2011 TABLE OF CONTENTS ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 Page PREAMBLE ................................... 1 RECOGNITION ................................ 2 DUES CHECKOFF .............................. 3 LABOR MANAGEMENT COMMITTEE ................. 5 DISCIPLINE AND DISCHARGE ................... 6 GRIEVANCE AND ARBITRATION PROCEDURE ........ 9 MANAGEMENT RIGHTS AND PREROGATIVES ......... 14 UNION BUSINESS ............................. 15 BULLETIN BOARDS ............................ 17 STAFFING ................................... 18 RULES AND REGULATIONS ...................... 21 DOCUMENTS .................................. 22 NO STRIKES ................................. 23 PERSONNEL REDUCTION ........................ 24 SENIORITY .................................. 25 CALL BACK .................................. 27 INSURANCE ................................. 28 PROMOTIONS ................................. 30 OVERTIME ................................... 38 COLLEGE TUITION REIMBURSEMENT .............. 41 TRAINING ................................... 48 UNIFORMS ................................... 49 DISABILITY LEAVE ........................... 51 ii ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 ARTICLE 37 ARTICLE 38 ARTICLE 39 ARTICLE 40 ARTICLE 41 ARTICLE 42 ARTICLE 43 ARTICLE 44 ARTICLE 45 ARTICLE 46 ARTICLE 47 ARTICLE 48 COMMUNICABLE DISEASES ...................... SAVINGS CLAUSE ............................. SMOKE FREE FIRE SERVICE .................... PERSONAL LEAVE ............................. KELLY DAY ................................. SPECIAL EVENTS ............................ HOLIDAYS ................................... BEREAVEMENT LEAVE .......................... LEAVE OF ABSENCE .......................... COURT LEAVE ................................ EMPLOYEES BILL OF RIGHTS ................... STATION CONDITIONS ......................... LEGAL BENEFITS ............................. VOTING ..................................... DAMAGED EQUIPMENT .......................... PERSONNEL RECORDS .......................... SALARIES ................................... OUTSIDE ACTIVITIES ......................... WORK WEEK .................................. EXCHANGE OF TIME ........................... MEETING ROOMS ............................. ACCESS TO PREMISES ......................... JURY DUTY .................................. MILITARY RESERVE LEAVE .................... PROBATIONARY PERIOD ....................... 55 56 57 58 70 71 73 75 77 79 80 81 82 84 85 86 87 97 99 100 101 102 103 104 106 iii ARTICLE 49 ALCOHOL AND SUBSTANCE ABUSE POLICY ........ 107 ARTICLE 50 DURATION OF AGREEMENT ..................... 124 SIGNATURE PAGE ............................ 125 APPENDIX A ................................ 126 APPENDIX B 128 APPENDIX C 130 ............................... ............................... iv ARTICLE 1 PREAMBLE Section 1: This Agreement is entered into by and between the CITY OF PALM BEACH GARDENS, hereinafter referred to as the City, and the PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. (hereinafter referred to as the Union). Section 2: It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and the Union, to provide for equitable and peaceful adjustment of grievances which may arise, and to establish fair standards of wages, hours, and other terms and conditions of employment. Section 3: It is contemplated that this Agreement will serve the public interest by keeping costs at a reasonable level while maintaining the highest level of service, and a safe work environment by ensuring that members of the bargaining unit will, while on duty, make every reasonable effort to carry forward the department's legitimate activities and functions with alacrity and dispatch, and will accept and execute promptly all reasonable, lawful instructions given to them. 1 ARTICLE 2 RECOGNITION The City recognizes the Union as the exclusive collective bargaining agent with respect to wages, hours and other terms or conditions of employment, for those employees included in the bargaining unit as agreed to by the parties as follows: INCLUDED: All certified and probationary Firefighters, Fire Inspectors, Firemedics/Paramedics, Driver Engineers, Lieutenants, Captains, Chief Fire Inspector, Life Safety Lieutenants and Code Compliance Officer - Fire. EXCLUDED: Fire Chief, Deputy Fire Chief, Division Chiefs, Volunteers, Clerical employees, and all other employees of the City of Palm Beach Gardens. 2 ARTICLE 3 DUES CHECKOFF Section 1: Subject to the restrictions set forth in SS447.303, Florida Statutes, the Employer agrees to deduct from the pay of the employees in the bargaining unit who authorize such deduction by way of a written wage assignment, properly written and executed and delivered to the Employer, and to transmit to the Union, the amount of the union dues and assessments which are uniformly charged by the Union to all members of the unit. Section 2: The Employer shall be obliged to make no more than one deduction from any employee's pay with respect to any single calendar month. Section 3: The Employer shall deduct dues from the second check of the month. If the employee involved has insufficient pay coming to him/her with respect to that pay period to cover the full amount of dues and/or assessments charged, the Employer shall have no obligation with respect to that employee. Section 4: The Union agrees to indemnify the Employer, and hold it harmless, from and against any liability, real or asserted, of any kind of nature whatsoever, to any person or party, on account of the Employer's compliance or efforts to comply with this Article. Section 5: It shall be the Union's obligation to keep the Employer at all times informed, by certification of a responsible official of the Union, of the amount of the uniform dues and/or 3 assessments deductible from employee's pay, and the Employer will accept such certification and be entitled to rely upon its accuracy. Section 6: The Employer's monthly transmission of dues and assessments money to the Union will be accompanied by a list of names of employees affected, and the amount transmitted with regard to each, based on authorizations which continue in effect and are in the Employer's file. Section 7: The Employer will not deduct or transmit to the Union at any time any monies representing fines, fees or penalties. Section 8: The obligation to commence making deductions on account of any particular authorization shall become effective with respect to the calendar month following the month in which the authorization is received by the Employer. Section 9: The union agrees to pay up to $lOO.OO/yearly to the City for administrative costs to include changes which shall be offset during the first dues check in January of each year. 4 ARTICLE 4 LABOR MANAGEMENT COMMITTEE Section 1: There shall be a Labor Management Committee established to consist of: the Fire Chief and the Deputy Chief; two (2) members and one (1) alternate appointed by the IAFF; and the City Manager or his/her designee. The purpose of this committee shall be to meet and confer on health and safety issues and other concerns of a general nature and to make recommendations to the Chief concerning resolutions of such problems. The Committee shall determine its own rules of operation. Should the meeting occur during a participant's tour of duty, there shall be no loss of pay or benefits. Section 2: Committee meetings shall be held the second (2nd) Thursday of every month, excluding holidays or by mutual agreement of the parties. There shall be an agenda published by the Fire Chief or designee three (3) days prior to the meeting. 5 ARTICLE 5 DISCIPLINE AND DISCHARGE Section 1: During the first twelve (12) months of their employment with the City, all employees are considered to be probationary, meaning in part that they are subject to discipline, up to and including dismissal, without recourse to the grievance procedure. Section 2: The City recognizes the following types of disciplinary actions: a. Documented Verbal warning b. Written reprimand c. Suspension without pay d. Demotion e. Combination of the above f. Discharge It is recognized that the type of discipline utilized may vary in each case depending on the employee's past work record, seniority, the severity of the conduct and other operational factors. Section 3: Employees who have successfully completed their initial probationary period may be disciplined or discharged for any of the following reasons. Examples are illustrative, not exclusive. 1. Incompetency or inefficiency in the performance of duties. 2. Insubordination 6 3. Refusal to fully and truthfully cooperate in an investigation related to the operation of the City conducted by or at the direction of the City. 4. Refusal to perform assigned work. 5. Excessive absenteeism or tardiness. 6. Carelessness and/or negligence in the handling or control of City property, or the misappropriation of City property. 7. Discourteous, insulting, abusive or inflammatory language or conduct toward the public or a supervisor. 8. Absence from duty without authority, including refusal to report to duty on time. 9. Acceptance of a gift under circumstances from which it could reasonably be inferred that the employee had knowledge that the giver expected or hoped for preferred or favored treatment in an official or departmental/agency matter. 10. Unauthorized personal possession of firearms or possession of explosives while on duty on City property. 11. Improper racial or sexual comments, harassment or acts. 12. Loss or suspension of driver's license where driving is part of the employee's job. 13. Abuse of unscheduled leave, or false claim of eligibility for such leave. 7 14. Engaging in other forms of employment while on unscheduled leave or Acute Leave. 15. Engaging in other forms of employment while on disability leave if: a. The employee declines to accept a light duty assignment; or b. The physical demands or requirements of the other form of employment exceed the limitation(s)imposed by the employee’s treating physician; or c. The employee fails to inform the City of such other employment in accordance with Article 41. Disciplinary action may be taken for just cause. Section 4: Any employee disciplined or discharged will be notified of the discipline or discharge in writing within ten (10) calendar days of the incident, or when the City gained knowledge of the incident which prompted the action, or at the conclusion of an investigation related to the incident, provided the Union is given notice of the investigation and kept abreast of the status of the investigation. Failure of management to inform the employee of impending discipline or discharge within the stipulated time frame may be a factor in any just cause determination by an arbitrator. 8 ARTICLE 6 GRIEVANCE AND ARBITRATION PROCEDURE Section 1: Grievances A grievance under this contract is any dispute, claim, or complaint concerning the interpretation or application of the terms of this Agreement. Every effort will be made by the parties to settle all grievances as soon as possible. Time limits set forth shall be strictly complied with, and can only be waived by written agreement of the parties (Union official, Chief, City Manager, or their designee). Step 1. All grievances should first be raised orally with the shift officer. Step 2. If the grievance is not resolved as a result of this oral communication, then the employee must take the grievance to the Chief, or Deputy Chief, in writing, within fourteen (14) calendar days of the event leading to the grievance, or when the employee knew or should have known of the occurrence leading to the grievance. The written grievance shall state the act or acts complained of, when the act or acts occurred, the identity of the employee or employees who claim to be aggrieved, the specific article(s)of the Agreement claimed to have been violated, and the remedy sought. The Chief or Deputy Chief shall meet with the employee and Union representative and thereafter provide an answer in writing to the employee and Union within seven (7)calendar days of receipt of the written grievance by the Chief or Deputy Chief. Step 3. Any grievance which cannot be resolved in Step 2 shall be taken up with the City Manager or his/her designee. Manager within seven (7) calendar days of receipt of the Step 2 answer. After receiving the Step 3 appeal, the City Manager shall have seven (7) calendar days to provide an answer in writing to the employee and Union representative. Grievances shall be presented in writing to the City Step 4. A grievance denied in Step 3 may proceed to final and binding arbitration. 9 Section 2: Timeliness Failure of the Employer to respond to a grievance shall result in the grievance being advanced to the next step. Section 3: Class Action Grievances Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the Union and the Employer, it shall be presented in writing directly at Step 2 of the Grievance Procedure, within twenty (20) calendar days of the event leading to the grievance or when the employee/Union knew or should have known of the occurrence leading to the grievance and shall be signed by the aggrieved employees or the Union representative on their behalf. Section 4: Arbitration If the parties are unable to reach a settlement of the grievance, either party may submit the matter to arbitration by sending a demand for arbitration to the other party by certified mail or hand delivery within thirty (30) calendar days after receipt of the Step 3 decision of the City Manager. Only grievances which have been filed in writing and processed in the manner and within the time limits set forth in above article shall be subject to arbitration. The Union shall have exclusive right to proceed to arbitration on behalf of its members. Section 5: Selection of Arbitrator After a demand for arbitration has been made, either party may apply to the Federal 10 Mediation and Conciliation Service (FMCS) for a list of seven (7) qualified arbitrators, and from this list one shall be selected by process of elimination. names from the list. The moving party shall strike first. The arbitrator remaining after each party has three (3) strikes shall be named the arbitrator for the grievance. received from the FMCS, either party may reject one complete panel of arbitrators provided the rejection is received by the FMCS and the other party within ten (10) days from the date on the FMCS panel. The parties shall alternately strike When a panel is Section 6: Expedited Arbitration All discharge grievances, and any other grievances mutually agreed upon for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the Employer and the Union agree upon the following procedures for expedited cases. 1. The selection of an arbitrator must be completed within fourteen (14) calendar days of receipt of the list of arbitrators from FMCS. submitting its preference or choice of an arbitrator. Each party shall be allowed to unilaterally reject one panel of arbitrators provided that the rejection of such a panel must be completed within five (5) calendar days of the receipt of the list by the rejecting party. Failure to do so will bar the untimely party from 2. After an arbitrator has been selected, the arbitration hearing shall be held no later than thirty (30) calendar days 11 thereafter, unless the arbitrator is unavailable within this thirty (30) day period. 3. Briefs, if any, must be filed with the arbitrator no later than fifteen (15) calendar days after the close of the hearing, or after receipt of the transcript, if a transcript is requested. 4. The arbitrator must render an opinion within twenty (20) calendar days of receipt of the briefs. Section 7: Arbitration Hearing The party referring a grievance to arbitration shall have the obligation of going forward with its case before the other party shall be required to present its case except that in case of discharge or discipline, the Employer shall first present its case and carry the burden of proof. In the event that either party claims that a dispute is non-arbitrable, the arbitrator will rule on that issue and also on the merits of the grievance if it is determined to be arbitrable. Section 8: Power of Arbitration The arbitrator shall have no power to add to, subtract from, or modify in any way the terms of the Agreement. Section 9: Cost of Arbitration The cost of the arbitration shall be borne equally by the parties except that each party shall pay the full cost of its own witness and investigation. Arbitration proceedings shall be reported by an official court reporter at the request of either party. The 12 party requesting the reporter shall pay the cost of same, or the parties may agree to split the cost. Section 10: Non-Members The Union reserves the right not to represent employees who are not members of the Union. Section 11: Notice to Union in Other Cases If an employee elects not to have Union representation, or if the Union elects not to represent an employee, the Employer shall, upon request, provide the Union with copies of all written documents pertaining to the proceedings and the Employer shall advise the Union of the final meeting to resolve the grievance and allow the Union to attend as a non-participatory member. 13 ARTICLE 7 MANAGEMENT RIGHTS AND PREROGATIVES Section 1: Employer expressly reserves and retains all rights and prerogatives it enjoyed prior to the execution of this contract, except that the exercise of such right shall not be in conflict with other provisions of this agreement. Section 2: Without limiting the general reservation of rights in Section 1, the Employer exclusively retains and reserves the rights to: exercise all rights normally exercised by employers and not expressly limited herein; select employees for hire; determine the duties required by employees in any classification; subcontract all or a part of its work or functions subject to the restrictions of Chapter 447.F.S; transfer, lay off, recall, and put employees on leave of absence status; determine the nature and extent of services that are to be performed; regulate the use of equipment and facilities; make and enforce reasonable work rules; discontinue operations; and take such measures as management may consider to be reasonably necessary to the orderly, efficient and economical operation of the Department. 14 ARTICLE 8 UNION BUSINESS Section 1: The Employer will consider requests from bargaining unit members for time off to engage in Union business or activities on an individual basis, subject to the Employer's operating needs. Time off granted for such purposes shall be without pay; however, employees may utilize scheduled personal leave, compensation time, or Union time pool for purposes of this section. Such permission shall not be unreasonably withheld. The process of requesting, approving, denying and rescinding union time pool shall follow the format of personal leave requests and shall be approved by a Union officer prior to submission. Section 2: It is expected that the investigation and processing of grievances, by the Union or steward, to the extent that the time of unit employees is required, will not occur during the work time of those involved. ("Work time" is any time, exclusive of breaks or meal time, during the eight (8) hours for Life Safety Lieutenants or twenty-four (24) hours for firefighters in a shift.) Section 3: The Employer will make its negotiators available to engage in any contract negotiations or bargaining sessions which relate to wages, hours or terms or conditions of employment, which are mutually convenient to them and to the union's non-employee negotiators. The Employer will take into consideration, in responding to requests from negotiations, the 15 work obligations of any employees whom the Union may wish to have present, and endeavor to agree to meetings during their off duty time. Employee's attendance at negotiating meetings during work time will be subject to the restrictions of Section 1. 16 ARTICLE 9 BULLETIN' BOARDS The Employer agrees to set aside space in each station for a bulletin board to be provided by the Union for its use in informing its membership as to Union business. It is, however, agreed and understood that materials to be posted will be submitted to the Fire Chief for his review, and that materials which are not related to Union business, or which are factually inaccurate, may not be posted. The Employer agrees to allow the Union to send electronic mail messages through the City's electronic mail system to all bargaining unit members. It is however, agreed and understood that all electronic messages shall be submitted to the Fire Chief, or designee, for his/her review before being electronically mailed. Materials which are not related to Union business or which are factually inaccurate shall not be electronically mailed. 17 ARTICLE 10 STAFFING Section 1: Minimum Staffing: Each station shall be staffed with at least one officer, minimum rank of Lieutenant or a qualified step-up, which shall serve as the station officer. All engines shall be staffed by at least one Officer or step-up, one Driver Engineer or step-up, and one Firefighter. A) No advanced life support engine shall go on an emergency response with less than two (2) state certified firefighter/EMT and one (1) state certified firefighter/paramedic. B) No advanced life support rescue unit shall go on an emergency response with less than one (1) state certified firefighter/EMT and one (1) state certified paramedic. It is understood that under extraordinary circumstances, the Commanding Officer may order a vehicle out with one qualified operator assigned. Section 2: Working out of classification All employees covered by this Collective Bargaining Agreement assigned to work in a higher classification shall receive assignment pay of five percent (5%) of his/her base rate of pay for all hours worked in each assignment. The City shall not alter assignments to avoid out-of-class pay and the following guidelines shall apply: 1. In order to step into a Driver Engineer, Lieutenant or Captain classification, the employee must be on the promotional list for the position to which they are 18 being temporarily assigned. If no step-up from the promotional list is on duty, the City may utilize anyone that meets the step-up qualification in Appendix B. 2. No employee shall be stepped up more than one position above their current rank unless they are on the eligibility list. 3. No employee shall serve as a Driver and Officer at the same time, on a fire s'uppression unit unless that unit is functioning in a non-emergency mode. A Lieutenant may serve as both the paramedic and Officer. A Driver may also serve as the paramedic and Driver. 4. A Lieutenant may be assigned to a transport unit when staffing levels permit. They will then receive the appropriate increase. Section 3: Non-paramedic employees assigned to work on an ALS Transport unit shall receive assignment pay of five percent (5%) of his/her base rate of pay for all hours worked in that assignment. Section 4: Lead Medic Assignment: In the absence of an Officer the senior non-officer paramedic (from protocol certification date) assigned to a transport rescue unit will be assigned as the Lead Medic. This Assigned Lead Medic will be charged with the following Duties and Responsibilities. 19 a) Controlled Medications / Knox Box Key(s): The Lead Medic will sign and be responsible for all controlled medications and Knox Box key(s) on the unit. b) Paperwork: The Lead Paramedic will be responsible to insure that all paperwork is completed in an appropriate and timely manner. This includes, but is not limited to, Medical Reports, Patient Refusal Forms, Hold Harmless Statements, Invoices for Transports and Equipment Inventory. c) Supervision: The Lead Paramedic is the assigned supervisor for Transport Rescue Units. In this role, they will insure the safe operation of the unit and its activities, the proper interaction of the crew with the public and peer professionals, the proper delivery of emergency medical care and other responsibilities, as outlined in the EMS SOG. d) Non-officer employees assigned as Lead Medic will receive an assignment pay of five (5%) percent of his/her base rate of pay for all hours worked in that assignment. e) No probationary paramedic shall serve in this capacity. Section 5: This article shall not apply to any employee on light duty status. 20 ARTICLE 11 RULES AND REGULATIONS Section 1: The Employer retains its rights to make and enforce all reasonable rules and regulations concerning all aspects of employment relationship, so long as such rules and regulations do not conflict with some express provisions of this Agreement. Section 2: The City agrees to provide the Union with copies of revised and newly promulgated rules and regulations at least thirty (30) days prior to implementation unless both parties agree to an earlier implementation. 21 ARTICLE 12 DOCUMENTS The City agrees to provide one (1) copy of each of the following documents to the Union without charge: a) Administrative orders, regulations and personnel policies relating to bargaining unit employees. Revisions to the rules and regulations. b) 22 ARTICLE 13 NO STRIKES Section 1: employees to strike, slowdown or otherwise hinder the Employer's operations, and agrees that such actions should be discouraged by strong contract language. The Union does not advocate any right of unit Section 2: The parties are cognizant of all laws, regulations, directives and rules directed to the prevention of work stoppage or slowdowns by public employees in Florida. Section 3: The Employer shall have all rights and remedies provided to it in this Agreement and this Article, in addition to, and not in lieu of, all other rights and remedies inuring to its benefit from any source whatsoever. Section 4: The Union agrees that there shall not at any time be any strike, slowdown, work stoppage, hindrance or interference with work or operations, or any form of concerted refusal to work or cessation of work, by the Union or any employee in the bargaining unit, for any reason whatsoever, including but not limited to, violations or claimed violations of this Agreement, or unfair labor practices, claimed or actual. Section 5: The Employer will not engage in any lockout of employees, meaning a refusal to permit the unit employees as a group to work in aid of a bargaining position or in support of any Employer position as to wages, hours and working conditions. 23 ARTICLE 14 PERSONNEL REDUCTION Section 1: In the case of a personnel reduction in a classification, the employee with the least seniority in position shall be laid off first. The employee may bump to another classification by departmental seniority. All layoffs involving a separation from employment shall be made by departmental seniority. Section 2: Employees who are laid off shall be recalled in the reverse order in which they were laid off (last laid off, first recalled). Employees on layoff shall be offered recall before new employees are hired. If a laid-off employee bumps into a lower classification, he or she shall enjoy automatic recall rights for a period of twenty-four (24) months from the date he/she is removed from his/her promoted position. After twenty-four (24) months, the employee may only be promoted in accordance with Article 18. Section 3: Employees who are laid off and separated from employment shall, at the employee’s option, be paid for all accrued leaves as if he/she had resigned or retired in good standing. 24 ARTICLE 15 SENIORITY Section 1: Seniority shall be defined as Departmental Seniority and Seniority in position. A) Departmental Seniority is defined as the total length of continuous service in a bargaining unit position in the City’s Fire Rescue Department computed from the date of last hire. Employees with the same date of hire shall have their seniority determined by their date of application with the Fire Rescue Department. If the date of hire and application date are the same for employees, then seniority will be determined by alphabetical order using the employee’s last name. - B) Seniority by position is defined as the total length of time in a given position, which is based on the date the employee is protocol certified and/or promoted into a given position as set forth on the employee’s Personnel Action Form (PAF). Employees who are promoted to the same position at the same time will have seniority by position determined by departmental seniority. Section 2: Probationary Period New employees and those hired after a break in service shall, for the first twelve (12) months, be regarded as probationary employees. Employees remaining in the employ of the City after completing probation will receive seniority from the date of hire. 25 Section 3: Termination of Seniority All seniority shall terminate if an employee: A. Quits. B. Is discharged for cause. C. Is laid off for a period of time exceeding his/her length of continuous service at the time of layoff, up to a maximum of twenty-four (24) months. D. Fails to notify the City within seven (7) calendar days after due notice by the employer of recall from layoff, by certified mail, at the employee's last known address, of his/her intent to return to work within fourteen (14) calendar days. E. Retires. F. Is unable to return to work for a period of 12 months due to illness or injury. 26 ARTICLE 16 CALL BACK Section 1: Any employee called back to work shall be paid for the actual time worked at a rate of time and one half (1-1/2) the employee's straight time rate of pay in one quarter (1/4) hour increments. An employee shall receive a minimum of three (3) hours call back pay. Section 2: An employee shall receive a rate of time and one- half on a hour for hour basis for those events which have been pre-scheduled, are contiguous to the normal work schedule, and involve intubation training or any other event mutually agreed upon between the Fire Chief and the President of Local 2928. An employee shall also receive pay at a rate of time and one-half on an hour for hour basis for promotional testing relief if such an employee is held over from his or her expiring shift and if such overtime, on an hour for hour basis, was previously offered to other qualified employees through department-wide notification. Section 3: It shall be the sole responsibility of the City to maintain the overtime records; and such records shall be made available for review upon request. 27 ARTICLE 17 INSURANCE Section 1: The City shall continue providing insurance coverage at no cost to employees. Section 2: Employees who elect to maintain dependent coverage will contribute a portion of the actual cost of said coverage, not to exceed the maximum of $220/month for Fiscal Year 2008/09, $240/month for Fiscal Year 2009/10, and reopener for Fiscal Year 2010/11. The unit employees will contribute the same percentage toward the cost of’dependent coverage that other non-management City employees are required to pay. Section 3: If any other non-management City employees are not required to pay the dependent coverage referred to in Section 2, then the bargaining unit employees shall not pay for such coverage and shall be reimbursed for any such payments made if it is determined that other non-management City employees have not been required to pay for dependent coverage or have paid a lesser amount. Section 4: Bargaining unit employees shall at all times be provided with the same insurance benefits provided to all bargaining unit and non-management employees of the City. Section 5: The City agrees to provide the Union upon request with the following: 1) A copy of RFP’s 2) Response to RFP’s 3) Price quotes 28 4) Analysis of responses to RFP's 29 ARTICLE 18 PROMOTIONS Section 1: Filling of Vacancies A) It is agreed by the parties that a position involving a promotion in the Fire Rescue Department is a position of vital importance to the citizens of the City and shall, therefore, be filled within ninety (90) days from the date that it would be declared vacant by the City due to expansion, termination or any other reason except where there is no eligible list, in which case the City shall promptly initiate the promotional and/or hiring process. Section 2: Filling of Position A) It is the policy of the Employer to promote from within provided a qualified candidate applies and accepts the promotion. B) Promotions will be made as provided in this Article. Section 3: Notification of Examination Employees will be given written notice at least ninety (90) days in advance of a promotional examination date. The written examination will be held no sooner than ninety (90) days after the notice, nor later than one hundred twenty (120) days after the notice. Test materials will be taken from the following: 1. No more than four (4) specified IFSTA Manuals 2. Department implemented S.O.P.'s 3. No more than four(4) specified NFPA Manuals 30 4. Information specifically related to the position being tested for. 5. A Study Guide will be assembled and distributed to each test applicant with a reasonable charge not to exceed $50.00 that will be paid by the applicant. This Study Guide shall include all information and materials from which subject matter of the test will be taken. The City shall also provide a table of contents or index identifying all documents included in the study guide so that all applicants may determine whether the study guide received is complete. Section 4: Application for Examination No employee shall be permitted to apply for a promotional examination after the announced closing date. The closing date will take effect thirty (30) days prior to the date of the examination. Section 5: Eligibility for Promotional Examination Employees who apply for a promotion must have the following qualifications at the time the written examination is given: DRIVER ENGINEER: a) Current employment with the City as a Fire Fighter or Fire Medic. b) Two (2) years continuous service with the City as a Fire Fighter or Fire Medic and has taken and passed pump apparatus operator (FFP 1302) and hydraulics (FFP 1301). 31 c) Taken and passed (FSFC 703) aerial operations.* LIEUTENANT: Five (5) continuous years service with the City as a Fire Fighter, Fire Medic, Driver Engineer, or any combination of the three(3); City assigned Driver Engineer or having been on the City Driver Engineer Promotional list within the last two (2) years; Has taken and passed Pump Apparatus Operator FFP 1302 and Fire Hydraulics FFP 1301; Aerial Operations FSFC 703*; and Current EMT or Paramedic Certification, Florida State Fire Officer I certification. All newly promoted Lieutenants shall obtain either a paramedic state certification within 2 years of promotion or an Associate's degree within 3 years of promotion. Should the promoted Lieutenant not accomplish either of the two, he or she shall then be demoted to his/her previously held position. CAPTAIN: a) Two (2) years service as a Fire Lieutenant, and current EMT or Paramedic Certification; or b) Two (2) years service as a Fire Lieutenant, current EMT or Paramedic Certification, and Florida State Fire Officer I1 certification. All newly promoted Captains 32 shall obtain either a paramedic state certification within 2 years of promotion or an Associate’s Degree within 3 years of promotion. Should the newly promoted Captain not accomplish either of the two, he or she shall then be demoted to his/her previously held posit ion. * The City shall offer an FSFC 703 Aerial Operations course on an annual basis. The course shall be offered in January of each year, or as soon thereafter as is possible. The course shall be offered on a firefighter schedule, i.e., the same class is offered on two days to accommodate the shift schedule worked by firefighters. If the City does not provide the course, then it will not be a requirement for the exam. Section 6: Life Safety Assignment: Employees assigned to Life Safety Lieutenant may compete in a promotional process only from their rank prior to assignment. Section 7: Selection Procedures: The selection procedure shall include a written examination and an assessment center for Lieutenants and Captains and a written examination and practical examination for Driver Engineers. Written exams and oral review boards for Lieutenants and Captains shall be developed and administered by an outside agency hired by the City. The written exam for Driver Engineers shall be developed and administered by an outside agency hired by the City. The practical exam shall be 33 developed by a joint committee having two (2) members appointed by the Union and two (2) members appointed by management and administered by an outside agency. The selection procedures shall take into consideration factors such as but not limited to education, experience, knowledge and physical fitness (all of which shall relate to the job being sought). Except as noted above for Driver Engineer Practical, no employee of Palm Beach Gardens Fire Rescue Department shall develop any part of any promotional exams. Section 8: Written Examination Eligible, qualified applicants shall take a written examination, which shall be graded. The cutoff score for further consideration in the process for each written examination shall be seventy percent (70%). Separate written examinations shall be given for each classification (Driver Engineer, Lieutenant, and Captain) in the Fire Department and Life Safety Services Division. Applicants may protest an exam item at the conclusion of the exam. Protest may include the following: (1) item not in the study guide; (2) no correct answer; (3) more than one correct answer. If such protest is determined to be valid by the testing organization, then the affected item shall be removed from the exam. The final decision on protest will be made by the testing organization. 34 Section 9: Adjustment of Written Examination Scores for Promotional Exams A) Applicants who have scored above the cutoff score on the written examination shall have their scores adjusted for seniority, as provided in this Section. B) Applicants shall have their scores adjusted upwards based on their continuous service (as defined in Article 16 Seniority) by one half of one percent (0.5%) for each full year of continuous service (0.04167% per month of continuous service), subject to a maximum adjustment of five percent (5%) after ten (10) years of continuous service. C) Passing score for all components is required. Section 10: Posting of Written, Oral and Practical Examination Score A list of applicants' scores on the written oral, and practical (where applicable) examination shall be posted at each fire station in order of highest to lowest score, using social security numbers. Section 11: Ranking of Positions: The following testing criteria will be used to rank all candidates: Lt. and Capt. Driver Written Assessment 60% Written 50% 40% Practical 50% 35 Section 12: Awardinq of Positions a) Driver Engineer Upon completion of the weighting of the written and practical in Section 10, a promotional register shall be created and vacancies filled by selecting from the top candidate on the register (rule of one(1)). The promotional register shall remain in effect for a period of two (2) years from the date the register is established. Within 120 days prior to expiration of a promotional list, or if no candidates exist on register, the City shall immediately commence the process of establishing a new register in accordance with Section 3. If a promotional opening exists before a new promotional register is created, the City shall promote off the existing register. b) Lieutenant and Captain Upon completion of the weighting of the written and assessment in Section 10, a promotional register shall be created and vacancies filled by selecting from the top three (3) candidates on the register (rule of three (3)). The register shall remain in effect for a period of two (2) years from date the register is established. If fewer than three (3) persons exist on the register, the City shall immediately commence the process of establishing a new register in accordance with Section 3; however, if a promotional opening exists before a new promotional register is created, the City shall promote from that list which is still in effect from the remaining candidates. 36 c) In order to maintain continuous promotional registers, the City shall produce a new promotional register in advance of the expiring date of the current register, replacing register on date of expiration, whenever possible. Section 13: Probation: Any time an employee accepts a promotion to Driver Engineer, Lieutenant, Captain or assignment to Life Safety Lieutenant the employee shall be on probation for the first six (6) months in the new position. At any time during this six (6) month period, should the employee fail to complete the probation, the employee shall be rolled back without recourse to the grievance and arbitration procedures provided that the employee is returned to his/her prior job classification without probation and without loss of seniority. A rolled back employee will be paid at the current rate in effect for the job classification, which the employee held prior to his/her promotion. Section 14: Upon promotion, employees will receive the minimum pay for the position to which they are promoted or a five (5%) percent increase in pay, whichever is greater. 37 ARTICLE 19 OVERTIME Section 1: Employees shall be paid at the rate of time and one half (1 1/2) their regular hourly rate for all time worked outside their regular work week or regular work day. Section 2: Any unscheduled personal leave for illness taken during a pay period within forty-eight (48) hours of the overtime shall be offset against overtime for that pay period, exception of employees who are held on mandatory overtime. other leave shall be counted as time worked for purposes of overtime. with the All Section 3: The Captain shall distribute the Immediate Fill overtime. Section 4: Overtime shall be distributed on a rotational basis according to the following process: 1) Initially, the existing order of the current overtime list shall apply. 2) Positions shall be as follows: Firefighter, Firemedic/Paramedic, Driver Engineer, Life Safety Lieutenant (included only for purposes of Special Events), Lieutenant and Captain. Unanticipated overtime (overtime caused 16 hours or less prior to the shift or 3:OO pm the day before the shift) be offered to the off going shift whose position created the overtime. list, by employees who possess the minimum qualification for shall The position will be filled using the overtime 38 the position, including personnel who are qualified to step up. and then to those personnel who are off duty. The opening will first be offered to the off-going shift Scheduled overtime shall be distributed by the overtime list, on a rotational basis, in the position that created the overtime. Section 5: Employees refusing overtime for any reason shall remain on the overtime list in their current position. Section 6: Employees accepting overtime shall be moved to the bottom of the overtime list if the amount of overtime is equal to or greater than twelve (12) hours. Section 7: In the event that no employee can be found to work overtime or until such employees can report to duty, the City may hold employees on mandatory overtime, which shall be on a rotational basis. For the purpose of this article, mandatory overtime will be any time greater than a two hour “holdover”. Employees who work mandatory overtime, shall not be moved down on the overtime list, regardless of the hours worked. The City shall maintain a mandatory overtime list separate from the regular overtime list. In addition, the City shall identify and record all mandatory overtime hours worked such that an employee of the City may track the number of mandatory overtime hours worked by each employee. The list shall be based on the total mandatory hours worked with the employee having the least amount of hours being mandatoried. Mandatory overtime for 39 the purpose of holdover will be given to those personnel going off shift. In lieu of mandatory overtime, the schedule may be adjusted in order to fill the position by way of step up and backfill. Section 8: No new employee may be eligible for overtime until successful completion of the first six (6) months of initial probation, except in the case of emergencies. Section 9: If an employee accepts an overtime assignment and subsequently cancels such assignment within one hundred-twenty (120) hours of the assignment, that employee shall not be eligible to work or be offered overtime for one hundred-twenty (120) hours from the time the employee cancels the overtime assignment. 40 ARTICLE 20 COLLEGE TUITION REIMBURSEMENT Section 1: Where practical and feasible, the City will assist regular full-time employees with training or educational programs designed to strengthen their abilities and improve job performance. Accordingly, the City will reimburse employees for tuition and books under the following conditions: A. An eligible education program is one that, according to the Human Resources Director and the Department Administrator, directly relates to the employee's current position or a related higher position in the City. B. Funds for the Department's tuition reimbursement program are approved and budgeted by the City Council. C. An employee's request for degree program approval shall be submitted prior to any classes being scheduled. The employee shall submit the request on a "Tuition Reimbursement Program" form. D. Employee's request for reimbursement shall be submitted prior to the commencement of the course requested on the "Tuition Reimbursement Program" form. The Human Resources Director and Deputy Chief must approve the request before it becomes effective. Employees must pay for their own tuition, books, materials, supplies and other fees at the time of enrollment in an approved course. The successful completion of an approved course with a final grade of "C" or higher is required in order to receive reimbursement. A payment receipt, an official grade report, and the tuition reimbursement request must be forwarded to the Human Resources Director and Deputy Chief upon completion of the approved course. E. If an employee is seeking a degree (i.e. Associate's or Bachelor's), prior written approval of the degree program is required from the Human Resources Director and Deputy Chief before submitting a "Tuition Reimbursement 41 Program" form. Additionally, approval of each term's courses must be obtained by completing a "Tuition Reimbursement Program" form. F. Training or study will be taken during the employee's off-duty time. G. If an employee voluntarily terminates employment with the City within one (1) year of receiving an educational reimbursement then the employee shall repay the City. By accepting the monies, the employee agrees that if he or she leaves, the amount of any such reimbursement shall be deducted from the employee's final paycheck: however, no such deduction shall result in the employee receiving less than minimum wage for all hours worked in the final workweek. Section 2: Procedure A. The intent of this policy is to establish the City's procedure for providing education reimbursement to employees. B. Definitions: 1. Accredited Institution means any college or university the primary function of which is the presentation of formal instruction and which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance at the place where its educational activities are regularly carried on and is accredited by one of the following: a. Middle States Association of Colleges and Schools: b. New England Association of Colleges and Schools ; c. North Central Association of Colleges and Schools ; 42 d. Northwest Association of Colleges and Schools; e. Southern Association of Colleges and Schools; or f. Western Association of Colleges and Schools. 2. Covered Costs means the tuition paid or incurred by an employee taking an educational course including books, CLET, SAT, GMAT, GRE, and LSAT costs, as well as any preparatory courses required for these tests. Covered costs do not include meals, lodging, or transportation incurred by an employee. 3. Course means any approved class taken by an employee meeting the requirements of this procedure. 4. Employee means any employee who is employed on a full-time basis. 5. Vocational Training Institute means any educational institution which provides advanced education at or above the high school level and below the four (4) year education institution level. C. This policy applies to all regular full-time employees who have been employed by the City for at least twelve (12) months and have completed their probationary period and who wish to pursue educational advancement or training. D. Process 1. An employee wishing to receive reimbursement for classes must submit a request on a completed "Tuition Reimbursement Program" form. 2. Attach a school approved degree plan or course of study with the form. For certification programs or individual courses, degree programs are not required; 43 however the employee is required to submit a short memorandum explaining how the course would benefit the Department. 3. The request must be approved by the Human Resources Director and Deputy Chief. A disapproved request will contain an explanation indicating why the request was not approved. 4. The "Tuition Reimbursement Program" form, along with the degree plan or memo, must be approved by the Human Resources Director and Deputy Chief by December 1 prior to the fiscal year beginning October 1 in which the courses will be taken to ensure that the necessary funds will be allocated in the budget. Once the initial degree plan has been approved, proposed class selection for each coming fiscal year beginning October 1 must be submitted annually by January 31. 5. Within sixty (60) days after course completion date the employee will obtain and submit to the Human Resources Director and Deputy Chief a completed "College Tuition Disbursement Request" form and attach an official grade report. Any request for reimbursement received more than sixty (60) days after the completion of the class will not be accepted. 6. The City understands that there may be instances where an employee may need to attend, or it may be financially beneficial to the City to allow attendance at a private university. In such cases, the employee must demonstrate this need in writing and include an estimated cost of the program to be taken. The employee must receive written approval from the Human Resources Director and Deputy Chief prior to enrolling in the program. In such instances, an employee will be reimbursed only the amount as set 44 forth by the State Board of Regents for State tuition fees, unless the employee can demonstrate a financial savings to the City through automatic life experience credits offered by some private institutions. E. Limitations 1. Reimbursement shall be limited to three (3) courses per semester (or established grading period per institution) per employee and shall be contingent upon: a. Prior written approval as outlined above: and b. The employee receiving a grade of "C" or above in the course. In circumstances where pass/fail is the only grading system used, a pass grade must be earned to be eligible for reimbursement: and c. The availability of budgeted funds and the number of requests at any given time. If and when allocated funding is near consumption, the Human Resources Director and Deputy Chief shall communicate the status of funding to all employees. 2. If an employee fails to attain a grade of "C" (or its equivalent), withdraws, or receives an incomplete for any educational course for which he or she was approved for reimbursement under this program, such participant will be responsible to pay to the institution all costs for the course, or will repay the City within ninety (90) days of receiving the course grade. 3. All courses must be taken on an employee's own time. When there is a conflict between class and job responsibilities, job responsibilities come first. Supervisors, along with Departmental Administrators, 45 will make a reasonable effort to accommodate the employee's class schedule when staffing allows. 4. Any employee receiving a fellowship, grant, or scholarship or any other financial assistance from any public or private source shall only be reimbursed to the extent that the covered costs of the educational courses he or she has taken exceed the amount of such financial assistance, up to the state rate of tuition. 5. If an employee voluntarily terminates employment within one (1) year of receiving a tuition refund, the employee shall reimburse the City for the amount received in the most recent refund by deduction from any final pay to which the employee would otherwise be entitled, or by such other means as may be necessary to recover the sum. The City shall pay the costs of Paramedic school up to two thousand five hundred ($2,500) dollars at an accredited institution of the employee's choice. There shall be a limit of four new students each budget year. Such payment shall be in advance of the course, payable directly to the school. Employees who do not pass the course and the State examination shall be required to reimburse these costs over the next twelve (12) months by payroll deduction. Any employee who exercises these benefits must remain employed with the City as a paramedic for at least twenty-four (24) months from the date the employee becomes state certified. Any employee terminating their employment before the end of 46 the twenty-four (24) month period shall reimburse the City for one hundred (100%) percent through deduction from any final pay to which the employee is entitled, or by such other means as may be necessary to recover the sum. Section 3: Promotional Courses The City will reimburse employees for the cost of tuition and books for classes or courses required to sit for a promotional examination pursuant to Article 18 provided the funds are available. 47 ARTICLE 21 TRAINING Section 1: The City will pay tuition and registration fees for employees who are required by the Department to attend educational or training programs. The City shall retain full discretion to select courses or seminars and select attendees. Employees required to attend such programs will be reimbursed travel expenses (if incurred) according to the City's travel policy. Section 2: Employees who are required to attend training programs shall be compensated at the appropriate rate for the time spent attending such programs. Section 3: Any employee who wishes to attend a non-required training program or seminar shall make an advance written request for program approval and payment of registration fees. Upon approval of the Fire Chief or his designee and subject to budgetary restraints, the City may pay required tuition and registration fees. Employees attending non-required training programs shall do so at their own travel expense and during off- duty hours. Employees may use accrued personal leave time or arrange for shift exchanges. Section 4: If, for any reason, an employee does not satisfactorily complete a training program, any monies provided by the City for that program will be repaid by the employee, unless an emergency prevents completion of the program. 48 ARTICLE 22 UNIFORMS Section 1: New employees shall be provided with complete uniforms on or before their effective Date of Hire whenever possible. Provided as soon as possible is bunker gear, to include coats, pants, suspenders, fire helmet, boots, SCBA mask, last resort belt, and individual personal safety rope. Section 2: New employees will be issued the following inventory: I 1 5 2 5 1 1 1 1 1 1 Emergency Services FDI ball cap pair blue gym shorts work shirts blue trousers FDI T-shirts black tie Class A white shirt Bathing Suit FDI jump suit black leather belt pair black boots (plain toe) Admin./Life Safety T-shirts Class B shirts blue trousers work shirts pair black shoes Class A shirts black tie black leather belt Optional Items 1 1 1 1 1 1 Flashlight Extrication gloves Jacket Raincoat Stethoscope pair of goggles Replacement items shall be requested by returning worn items to the department and obtaining approval from the department to purchase new uniform items. It is the department’s intent for uniform items to be replaced within fifteen (15) days of the request subject to the availability through the uniform vendor. 49 Section 3: October 1, of each year, non-probationary employees will be provided with a Uniform Purchasing Credit to purchase items listed above. The credit shall be $400.00 for the fiscal years 2009, 2010 and 2011. During the year, the employee will have deducted from this credit the actual cost of uniform replacement items requested by the employee with the actual costs being the actual cost of such items to the City. If the credit is exhausted, the Employer shall notify the employee of the credit exhaustion. If the employee approves, the cost of additional uniform items requested by the employee will be deducted from his/her next paycheck. Section 4: The City shall provide an annual Clothing Maintenance Allowance of two hundred fifty ($250.00) dollars to be paid each October. Section 5: If the employee's uniform is damaged at no fault of the employee while on duty not due to the employee's own negligence or if the employee is promoted, the City shall replace the uniform without withdrawal from the uniform credit. 50 ARTICLE 23 DISABILITY LEAVE Section 1: Job-Related Injury A. The City will carry Worker's Compensation coverage for all employees covered by this Agreement. The City agrees to pay the premium for said coverage. B. An employee absent from duty because of an injury or illness and which is determined to be compensable under the provision of the Worker's Compensation Act, shall be entitled to full pay and benefits less any benefit received under the Worker's Compensation Act for up to one year following the date of injury. After one year, he/she shall continue to receive benefits available under the Florida Worker's Compensation Act. Section 2: Non-Job Related Illness or Injury A. Any bargaining unit member with the City who is absent from work due to sickness or injury after fourteen (14) consecutive days is eligible for disability pay. For each separate illness or injury and upon receipt of a disability claim form completed by the treating physician, the employee will be paid at 60% of base salary for a period of up to and not to exceed twenty-six (26) weeks. No more than twenty-six (26) weeks' of disability will be paid for any one non-job related illness or injury within a two (2) year period following the date the disability began. Employees must use acute illness leave or personal leave to supplement disability pay so that the employee loses no pay as a result of his/her injury or illness. 51 B. Upon request of the Fire Chief or his designee, a doctor's certification must be submitted to the City every two weeks if the employee is unable to perform light duty or normal duty in order for the employee to continue to receive personal leave or disability pay. The sickness or injury cannot be in connection with worker's compensation or related to off-duty employment. C. An individual requiring time off for childbearing shall be subject to the same benefits and restrictions as for any other disability. D. Any member receiving medical treatment over an extended period (in excess of 90 calendar days) of time for an illness or injury may be required to provide a physician's written diagnosis, prognosis, approximate date of recovery, and statement that the employee is physically fit to perform the job duties required in the capacity for which he/she is currently employed. Based on the information received from the physician, or failure to provide requested information may result in reclassification as to duty status. Section 3: When so directed by the City, any employee out of work under the provision of this article shall present himself for a medical examination. The City will bear the full expense of said examination. The failure of such employee to present himself for an examination as directed will operate to automatically terminate any payments under this Article. 52 Section 4: Whenever an employee, out of work due to an illness or injury, becomes physically able to perform some useful light duty work for the City, he/she may be required to do so as a condition to receiving benefits under this Article. If an employee's treating physician states that he/she is unable to perform an available light duty assignment, the City may determine that it is necessary to send the employee to a second physician for a fitness for light duty examination. The City . will notify the Local 2928 of this determination, in which case the Fire Chief and Local 2928 President will jointly select a second physician. If the second physician jointly selected by the parties concludes that the employee is able to perform the duties of the available light duty position(s), and the employee refuses such assignment, he/she shall receive no further payments from the date of refusal. An employee on a light duty assignment will accrue benefits based on those of a forty (40)-hour employee covered by this agreement. Section 5: Any employee who is able to work after an illness or injury shall be reinstated to their former job, provided that the employee is physically qualified to perform all of the duties and responsibilities of the employee's previous position. Such statement shall be certified by a medical doctor prior to the employee returning to work. unable to assume his/her former responsibilities, the employee shall have first preference to fill another City position, if a If the employee is 53 vacancy occurs, and the employee qualifies for such position. any employee refuses a job offer from the City, disability payments will be terminated. Section 6: The employee shall be subject to termination after completion of 26 weeks of non-job related disability or after one year of Worker's Compensation disability. The determination shall be at the discretion of the Fire Chief and 6 confirmed by the City Manager. If within twelve (12) months of termination an employee is fit for duty and a position is available for which he/she is qualified, the employee will be offered such position as a new hire. 54 If ARTICLE 24 COMMUNICABLE DISEASES Section 1: Immunization a) The City shall provide immunization for all employees who want to be immunized, as follows: Tetanus - every five (5) years Hepatitis-B - every five (5) years (Hepta-vac) Rubella for females of childbearing age Section 2: TB Screening: The City shall provide a tuberculosis screening annually for all bargaining unit employees. 55 ARTICLE 25 SAVINGS CLAUSE If any provisions of this Agreement, or part of a provision, shall be declared or rendered null, void, or invalid through court action or by reason of legislation, the Agreement shall otherwise remain in full force and effect. If such action occurs, the parties will meet as soon as possible to negotiate a replacement article. 56 ARTICLE 26 SMOKE FREE FIRE SERVICE Section 1: The Union and the City agree to the concept of a smoke free fire service. To that extent there shall be no smoking allowed in any work area. vehicle. No smoking is allowed in any Section 2: Employees will be permitted to attend, at no cost, any smoking cessation class held as a part of the City's wellness program. 57 ARTICLE 27 Personal Leave Section 1: Intent. This section establishes the City’s policy regarding the accrual and use of personal leave. It is the policy of the City to promote the efficiency, health and morale of employees through periodic interruption from their duties. Personal leave provides time away from the work environment to pursue activities that promote the well-being of the employee and good physical, mental, and emotional health. Section 2: Applicability. This section applies to all full time employees. Personal leave may be used for vacation, illness, or personal days. Section 3: Accrual. a) Personal leave is accrued monthly as follows for full time employees assigned as forty hour work week: Years of Service Monthly Accrual Annual Accrual 0 - 4 years 13 hours 156 hours/year 5 - 8 years 15 hours 180 hours/year 9 - 12 years 17 hours 204 hours/year 13 - 16 years 19 hours 228 hours/year Over 17 years 21 hours 252 hours/year b) Personal leave is accrued monthly as follows for full time employees assigned as forty-eight hour (48) work week: 58 Years of Service Monthly Accrual Annual Accrual 0 - 4 years 15.4 hours 184.8 hrs/yr 5 - 8 years 17.8 hours 213.6 hrs/yr 9 - 12 years 20.2 hours 242.4 hrs/yr 13 - 16 years 22.6 hours 271.2 hrs/yr Over 17 years 25 hours 300 hrs/yr c) Personal leave shall be credited to the employee’s personal leave balance on the first day of each month for the leave earned in the preceding month. For a new employee, the beginning date of employment shall be on or before the 20th day of the month in order for the employee to be credited with a personal leave time for that month. An employee must complete the initial probationary period to be eligible to use scheduled personal leave. d) The maximum accrual of personal leave is based on the length of continuous service. Unused personal leave accumulated over these amounts is forfeited. Years of Service Maximum Accrual 0 - 4 years 300 hours 5 - 8 years 400 hours 9 - 12 years 450 hours 13 - 16 years 500 hours 17 - 20 years 550 hours Over 20 years 640 hours 59 e) Employees may receive pay for all accrued personal leave hours that have been accumulated over 100 personal leave. Payments in lieu of personal leave time shall be paid twice a year. The requesting employee shall receive payment in lieu of personal leave time on the paycheck for the first full pay period following the employee’s request to receive such payment at the employees then current base rate of pay.(See Appendix A, Personal Leave Cash-In Form) f) Each January, six (6) hours of time shall be credited to the Union Time Pool from each union member’s accrued personal leave bank. The City shall provide the Union with a quarterly statement reflecting the balance of the Union’s time pool bank. The Union reserves the right to redistribute the hours in the time pool bank in cases of hardship with the approval of the Chief. Section 4: Scheduled Leave. Personal leave shall be requested by employees by utilizing departmental scheduling software with the approval of their supervisor. Requests for personal leave shall be submitted in advance of the proposed absence. Each employee shall give their supervisor at least 24 (twenty-four) hours notice for scheduled leave and may be granted leave with less notice by the Chief or his designee and shall not be arbitrarily denied. a) Twenty-four (24) Hour Shift Employees: 60 Personal Leave shall be scheduled from February 1 through January 31 except that vacation blocks beginning prior to January 31 may continue beyond January 31. The City shall determine the number of employees who can be off on vacation at any time throughout the year. For vacation selection in November 2008 for the 2009-2010 leave year, personal leave may be scheduled for January 1, 2009 to January 31, 2010 and contiguous thereafter. In October of each year, the City will advise how many shift employees may be scheduled off for vacation during the next year beginning February 1 per shift by Firefighters, Firemedics, Driver Engineers, and Officers. During the month of November, shift employees shall select personal leave periods by departmental seniority on a per shift basis, in the following groupings: Firefighters, Driver Engineers, Firemedics, and Officers as set forth herein: b) Personal leave selection during the months of November and December shall be made in two (2) rounds: 1) Employees choosing three (3) or more consecutive shifts (which may include Kelly Days) shall make the first selections. First round selection forms shall be made available on or before November 1 and shall be 61 submitted on or before 1700 hours November 15. First round selection shall be awarded within five (5) business days thereafter. 2) Employees wishing to pre-schedule another group of one (1) or more consecutive shifts of time shall choose during the second selection. Second round selections shall be made available on or before November 21 and shall be submitted on or before 1700 hours on December 8. Second round selections shall be awarded within five (5) business days thereafter. 3) At 12:OO p.m. (noon)on December 15th,employees shall be able to schedule leave time for remaining open days for personal leave for the upcoming year, which shall be on a first come, first serve basis. In the event that the Telestaff is inoperative, employees must contact the on- duty Captain in order to submit a request for personal leave. shall not be unreasonably denied. 4) Once approved, personal leave time shall not be rescinded by management except in the event of a serious hardship (major emergency i.e.: earthquake, tropical storm, hurricane, or civil emergency). The payment of overtime shall not constitute serious hardship. 5) Employees may cancel their personal leave time only if requested by at least twenty-four (24) hours from the Such approval shall be based on staffing only and 62 start of the leave period including Kelly Days, with first round vacation selection being the exception. Cancellation, if requested less than twenty-four (24) hours prior to the start of the leave period, may be granted at the discretion of the Captain and shall not be unreasonably denied. c) 40 hour employees - In October of each year, the City will advise how many Chief Fire Inspectors, Life Safety Lieutenants Fire Inspectors, and Code Compliance Officers may be scheduled off for personal leave during the next year beginning on February 1 except when scheduling leave for 2009-2010 leave year, when selections will be for January 1, 2009 to January 31, 2010 and contiguous thereafter. During the month of November and December these employees shall select personal leave periods by departmental seniority. When selecting personal leave periods during November and December these employees may not select more than twenty (20) consecutive working days during the personal leave year, which may be waived with the approval of the immediate non-bargaining unit supervisor in charge of scheduling, but such approval shall not be unreasonably denied. The City shall permit at least two (2) Life Safety Lieutenants to be off from work at one time if it is necessary to do so in order to accommodate the personal leave request of an 63 employee so long as at least one Life Safety Lieutenant remains on duty. d) Employees cannot cancel their first round vacation selection unless approved by the Chief or his designee. e) Scheduled Leave for Education: For the purpose of education, when staffing permits, employees may request leave time in hourly increments as long as this leave time does not cause overtime. In the case of scheduled leave (time scheduled before the beginning of the shift), the employee must obtain a pre-approved exchange of time or work if overtime would be created by their absence (the bubble). Time off may be taken during the shift if staffing allows. In cases where more than one employee requests this leave, it will be granted in order of the request. All leaves in taken pursuant to this subsection (e) must be for educational purposes. Section 5: Unscheduled Leave. To utilize unscheduled leave, for an illness, or emergency, the employee shall notify the on- duty Shift Captain one-half (1/2) hour prior to the beginning of the scheduled workday, or prior to leaving the work assignment with the specific reason for the request. For the purposes of this article, illness means the illness of the employee or 64 employee’s spouse or child, illness by the employee’s registered domestic partner or registered domestic partner’s children, or the serious illness of a family member living in the employee’s household, requiring the presence of the employee. Emergency leave may be requested for an unanticipated situation other than illness which requires the presence of the employee, and may be granted by the Shift Captain only with the approval of the Fire Chief, Deputy Fire Chief or Division Chief of Administration. Unscheduled leave may not be used to work at other employment. Section 6: General Provisions. All probationary full time employees are eligible to use unscheduled personal leave. The maximum continuous scheduled personal leave for which employees are eligible shall be four calendar weeks, which may not be extended through the use of shift exchanges. The Chief or his designee may approve more than four weeks if he/she determines the City may not be adversely affected. The accrual is not available until the first day of the following month. Unscheduled personal leave time must be taken in increments of one full shift with the exception of an illness or emergency which occurs while the employee is on duty. Childcare shall not constitute an emergency. Scheduled personal leave may be used in increments of 12 hours except 65 in the event of an emergency or for educational purposes as provided in Section 4 (e) above. 5) Employees are not entitled to use personal leave that has not been earned. A bargaining unit member on leave without pay for more than fifteen (15) calendar days shall not be credited with personal leave for that period. 6) 7) If the day on which an official holiday is observed, as designated in Article 30 - Holidays, of this contract, shall fall within the period of personal leave being taken by an employee, it shall not be charged to their personal leave. Section 7: Payout. Upon separation from employment employees shall be paid for all accrued personal leave. Any accrued personal leave shall be paid at the employee’s final base rate of pay. Section 8: Acute Illness Leave This leave may be used for illness by the employee, the employee’s spouse, the employee’s registered domestic partner, the employee’s or registered domestic partner’s dependent children including step-children and adopted children. a) Acute illness leave is accrued monthly. Full time employees assigned a forty (40) hour work week shall accrue four (4) hours per month in acute illness leave. Full time employees assigned a forty-eight (48) hour work 66 week shall accrue leave. Acute illness leal six (6) hours per month in acute illness e may b has used twenty four (24) used only after the employee consecutive hours of personal leave regardless of the employee's work schedule, as a result of illness or injury. The illness or injury shall be verified in writing by a licensed physician. Acute illness leave shall be credited to eligible employees on the first day of each month for the leave earned in the preceding month. For a new employee, the beginning date of employment shall be on or before the twentieth (20) day of the month in order to be credited with an acute illness leave time for the month. The minimum charge for acute illness leave shall be units of eight (8) hours except hours used for disability. Upon separation from employment, employees shall not be entitled to any reimbursement of accumulated acute illness leave. Employees may not transfer acute leave for any reason. Section 9: Incentives a) Employees will be credited 48 hours of personal leave on October 1 of each year, as an incentive program designed to reward employees for excellent attendance in the preceding year. Employees who have one or less 67 unscheduled leave occurrence, excluding emergencies per Section 5 above, during the year will be credited 48 hours of personal leave in the first paycheck for the first full pay period in October each year. Employees who have unscheduled leave occurrences during the fiscal year will be subject to the disincentives listed in Section 10. Section 10: Disincentives a) Employees who have unscheduled leave occurrences in any fiscal year (October 1 - September 30), commencing with the first occurrence, shall be subject to disincentive actions as follows: # OF OCCURRENCES DISINCENTIVE lSt Occurrence No action taken znd Occurrence 50% reduction of incentive time 3rd Occurrence 75% reduction of incentive time 4th Occurrence 100% reduction of incentive time 5th Occurrence Move to the bottom of the overtime list, loss of step-up, shift exchange and overtime privileges for 15 days. 68 6th Occurrence Move to bottom of overtime list, loss of step-up and shift exchange privileges for 45 days and no overtime for 30 days. 7th Occurrence Move to bottom of overtime list, loss of step-up and shift exchange privileges for 60 days and no overtime for 60 days. 8th Occurrence Move to bottom of overtime list, loss of step-up, shift exchange and overtime privileges for 120 days, and a 24 hour suspension. gth Occurrence Move to bottom of overtime list, loss of step-up, shift exchange privileges, ineligible for overtime, mandatory referral to EAP, loss of seniority for Kelly Day selection, and 48 hour suspension. loth Occurrence Special performance evaluation with possible recommendation of termination by Fire Chief. 69 ARTICLE 28 KELLY DAY Section 1: Kelly Day Selection Before the personal leave time selections are made, the selection of Kelly Days shall be determined by shift, within rank, based on seniority by position as defined in Article 15, Seniority. Kelly Days shall be selected annually and may be reassigned due to voluntary transfers, and promotions. 70 ARTICLE 29 SPECIAL EVENTS Section 1: The City shall maintain one (1) list for special events. There are six (6) categories of special detail positions, including firefighter, driver/engineer, paramedic, lieutenant, captain and life safety lieutenant. Special event positions will be filled by category as determined by the Department. The pay for the event will be determined by the category required. Section 2: The initial list will be established by departmental seniority. When a detail is available it will be offered to the first qualified person on the list and continue down the list until the detail is filled. If the assignment is at least three (3) hours in length and no one accepts the detail, it will be assigned to the first qualified person on the list. A person receiving a mandatory assignment of less than five (5) hours will receive pay for five (5) hours, and shall not move on the list. A person shall not receive more than one (1) mandatory assignment in a six month period. Section 3: The Department can assign an employee of a specific rank to a special event. Section 4: An employee accepting a special event must work the event or find a qualified replacement. 71 Section 5: Hours worked for a special event shall not be combined with regular hours worked by the employee for the purposes of overtime compensation. Section 6: Employees shall be compensated at the following hourly rates for hours worked during a special event: 1. Firefighter - $30 2. Driver/Engineer and Paramedics - $35 3. Lieutenants and Captains - $40 Employees will be compensated in accordance with the hourly rates specified above regardless of actual rank. 72 ARTICLE 30 HOLIDAYS Section 1: The official holidays to be observed by bargaining unit members shall be: New Year's Day (January 1) Martin Luther King Day Good Friday Memorial Day (last Monday in May) Independence Day (Fourth of July) Labor Day (1st Monday in September) Veteran's Day (November 11) Thanksgiving Day Day after Thanksgiving Christmas Day President's Day (3rd Monday in February) Section 2: Each bargaining unit member shall also receive one personal holiday per calendar year, which shall be credited to the employee's personal leave bank and approved in the same manner as vacation leave. Section 3: For shift personnel, a holiday which falls on a Saturday or Sunday will be observed on that day rather than the day designated by the City. Section 4: Forty-hour employees working on a holiday will receive, in addition to their regular pay, eight (8) hours holiday pay plus pay at one and one half (1 1/2) times their regular rate of pay for all hours worked. Section 5: All twenty four (24) hour shift employees shall receive ten (10) hours of pay whether or not they work the holiday; for each of the above named holidays. Holiday pay shall be in the paycheck following the Holiday. If an employee is scheduled to work on a holiday and uses unscheduled leave as 73 defined in Article 27, Section 5, then that employee will not receive holiday pay. Section 6: Life Safety employees must have worked on the last scheduled work day not counting work days on which the employee was away from work due to the use of scheduled personal leave, prior to the holiday and the next scheduled work day after the holiday to receive pay for the holiday. Section 7: The following categories of employees specifically do not qualify to receive compensation, compensation at a premium rate, or compensatory time off for the day on which the holiday falls: A. Part-time or temporary employees, with or without regularly scheduled hours and/or days of work. B. Employees on a non-paid leave of absence. 74 ARTICLE 31 BEREAVEMENT LEAVE Section 1: Twenty-Four (24) Hour Shift Employees In the case of a death in the family, an employee shall be entitled to be off for five (5) calendar days pay and be paid for up to two (2) scheduled shifts during that five day period to attend the funeral/memorial service and related matters. If the death occurs while the employee is on duty, the employee shall be entitled to the rest of the shift off with pay. Section 2: Non-Twenty-Four (24) Hour Shift Employees In case of a death in the immediate family, an employee shall be entitled to be off for five (5) calendar days and to be paid for up to five (5) regularly scheduled working days, which fall within that five (5) day period to attend the funeral/memorial service and related matters. If the death occurs while the employee is on duty, the employee shall be entitled to the rest of the shift off with pay. Section 3: Immediate Family The immediate family consists of the employee’s child (step or adopted included), spouse, employee’s registered domestic partner, registered domestic partner’s dependent children, parent (step or adopted included) , brother, sister, grandchild, grandparent (both sides) , grandparents in-law and parents-in-law. Section 4: With the Chief’s approval, an employee may extend bereavement leave by using accrued personal leave regardless of staffing . 75 Section 5: The City may require documentation to support the employee's use of Bereavement Leave. 76 ARTICLE 32 LEAVE OF ABSENCE Section 1: Leave of absence, without pay, is authorized absence from work for a definite period of time. Section 2: Probationary new hire employees are not qualified for a Leave of Absence. Section 3: A. A written request for a leave of absence shall be supplied to the Chief by the employee, giving the reason(s) for such request and the period of the leave time sought. B. Such request shall be supplied at least ten (10) working days before the requested beginning date for such leave, unless the Chief shall, because of extenuating circumstances, agree to permit a shorter period of notice. C. The Chief shall furnish a written request to the City Manager together with his/her recommendation. Section 4: A. Approval of a leave of absence shall be at the discretion of the City Manager for such reason(s) as he/she may find to be valid and for such period of time as he/she may find proper for the integrity of the City. B. In considering a request for a leave of absence the following items will be taken into account: (1) Length of service with the City (2) Employee's experience and employment record (3) Departmental requirements for the time in question 77 C. No leave of absence shall be granted for a period of more than three (3) calendar months, provided that a leave of absence, or an extension of a leave of absence for a longer period of time may be granted by the City Manager, at his/her discretion. Section 5: Any employee, while on a leave of absence, who shall engage in any other gainful employment shall be deemed to have resigned without notice, and the employee shall be terminated unless the City Manager shall determine that such other gainful employment shall be permitted, due to extenuating circumstances. Section 6: Any employee who shall fail to return to work from a leave of absence on or before the expiration date thereof without notifying the Chief and making satisfactory arrangements, or without reasons acceptable to the City Manager, shall be deemed to have resigned, without notice, and the employee shall be terminated. Section 7: Upon the expiration of a leave of absence, the employee shall be restored to the position held at the time said leave was granted. 78 ARTICLE 33 COURT LEAVE Section 1: The Employer shall grant leave with pay to an employee for the period of time for which the employee is subpoenaed to appear before a court, judge, justice or magistrate or at a deposition for any matter arising directly out of his/her employment or in a circumstance where the employee is subpoenaed by the State's Attorney in a criminal matter arising out of the employee's employment or anytime he/she is subpoenaed by the Employer. Off-duty employees called in pursuant to this Article shall be compensated at time and one-half for a minimum of three (3) hours. Section 2: Leave with pay or call-in pay will not be granted for any proceeding involving employee discipline, arbitration cases, and PERC cases, or any other case when subpoenaed by a unit employee or the Union. 79 ARTICLE 34 EMPLOYEES BILL OF RIGHTS All bargaining unit employees shall be afforded the protection spelled out in the Fire Fighter's Bill of Rights, Florida Statutes. 80 ARTICLE 35 STATION CONDITIONS Section 1: Furnishings The City shall continue to supply all stations with suitable furnishings for healthy living conditions. Section 2: The City shall provide a commercial washer and dryer at the main station, and laundry detergent, suitable to clean and disinfect bunker gear. 81 ARTICLE 36 LEGAL BENEFITS Section 1: The City shall, upon timely notice by an employee, undertake the defense of any employee covered by this agreement against civil damage suits arising from and in connection with his/her employment. The City will not cover an employee for litigation brought against the City by the employee. Legal defense of this type will be paid solely by the employee. Section 2: The City shall indemnify all employees against judgments for compensatory damages rendered against an employee in a civil damage suit arising from and in connection with duties performed by the employee in the scope of his/her employment for the City provided that the employee has not acted grossly negligent or with malice. The City shall not indemnify any employee against judgments rendered in civil suits, which the City has not been given notice of and an opportunity to defend. Section 3: The,employee shall give notice to the City within forty-eight (48) hours of all injuries or damage to persons or property, including the employee him/herself, incurred by or witnessed by the employee while the employee is on duty. Section 4: It shall be the duty of the employee to notify the City Attorney at first reasonable opportunity of being served with any civil action. Section 5: Failure to provide the notices required in Section 3 and 4 shall result in disciplinary action, but shall not limit the City's obligation to provide defense and 82 indemnification, provided reasonable notice is given and the City's opportunity to defend is not adversely affected. Section 6: The employee has the right to retain legal counsel of his/her choice at his/her own option and expense. City shall make copies of discovery documents available to the employee at no cost to the employee, provided there is no disputed issue of liability between the City and the employee involved in the suit. The 83 ARTICLE 37 VOTING Employees are expected to vote on their own time; however, if scheduling or unusual circumstances prevent an employee from voting on his/her own time, with prior written request, the Chief (or his designee) may grant time off up to one (1) hour with pay for the employee to vote. 84 ARTICLE 38 DAMAGED EQUIPMENT The City agrees to reimburse the full cost for prescription eyeglasses, contact lenses and watches damaged in the line of duty, not due to employee's own negligence, not to exceed one hundred fifty dollars ($150.00) per item. Replacement will be of a like kind. replaced if lost or damaged. Department issued safety/sunglasses shall be 85 ARTICLE 39 PERSONNEL RECORDS Section 1: The City agrees that all official personnel records shall be kept confidential to the extent provided by law. Section 2: The name and photograph of a bargaining unit employee may be furnished to the news media in order to announce promotions or acts of exemplary service. Section 3: The City agrees that upon request, a bargaining unit employee shall have the right to inspect all his/her official personnel records during normal business hours. The employee shall have prior permission and such permission shall not be unreasonably denied. No record(s) shall be hidden from a member's inspection. Section 4: The City agrees that a member shall have the right to include in his/her official personnel record a written and signed refutation (including signed witness statements) of any material the employee considers to be detrimental. Section 5: All such insertions will remain a permanent part of the member's official personnel records. 86 ARTICLE 40 SALARIES Section 1: Bargaining unit members shall receive a three percent (3%) increase on base salary on October 1, 2008, two percent (2%) increase on base salary on October 1, 2009 and a two percent (2%) increase on base salary on October 1, 2010. The pay ranges effective October 1, 2008 for each bargaining unit position will be as follows: Firefighter Fire Medic Driver Engineer Lieutenant Life Safety Lieutenant Fire Inspector Captain Chief Fire Inspector Code Compliance Officer-Fire Minimum Maximum $47,136 $71,117 $47,136 $71,117 $54 , 565 $74,674 $64,297 $90,630 $64,297 $90,630 $64,297 $90,630 $70,726 $99,693 $70,726 $99,693 $39,802 $60,202 The minimums and maximums of all pay ranges will be increased by two percent (2%) the last two years of the Agreement and will be effective October 1, 2009 and October 1, 2010. If an employee receives a wage increase which results in his/her base salary exceeding the maximum 87 salary range for the position, then the employee will receive a lump sum payment of the amount that exceeds the maximum of the salary range for the position. Said lump sum will not be added to the employee’s base salary. In addition, the City will contribute an additional one (1%) percent of the wages earned by employees in the bargaining unit represented by Local 2928 (for a total of two (2%) percent) to the Palm Beach Gardens Firefighters‘ Retirement Insurance Fund (Retirement Insurance Fund) effective October 1, 2009. Further, the City will contribute an additional one (1%) percent of the wages earned by employees in the bargaining unit represented by Local 2928 (for a total of three (3%) percent) to the Retirement Insurance Fund effective October 1, 2010. All contributions to the Retirement Insurance Fund shall be paid in accordance with the Settlement Agreement executed by the parties on September 5, 2008. Should contributions to the Retirement Insurance fund cease, the three (3%) percent contribution shall be added back into the employee’s base rate of pay. Section 2: Performance Evaluations a) All employees shall be evaluated on their anniversary or promotion date of each year, using the departmental performance evaluation process. 88 b) Whenever possible, evaluations shall be made by the immediate supervisor. If an employee was assigned to more than one supervisor during a rating period, then the evaluation shall be a collaborative process. c) An employee receiving a score of less than satisfactory who does not agree with his/her rating and wishes to appeal, may request in writing a meeting with the Fire Chief or designee within ten (10) days of receiving their evaluation. An employee may include any information in their personnel file to rebut the evaluation. The Fire Chief or designee must respond in writing to the initial appeal within twenty-one (21) days of the meeting with the employee. If the Fire Chief or designee's response is unsatisfactory, the employee will have the right to grieve the performance evaluation only for the reasons in section "d." d) No employee shall be disciplined solely on the basis of the performance evaluation. Performance evaluations shall not be subject to arbitration except when an evaluation with an overall rating of needs improvement or unsatisfactory shall be subject to grievance arbitration procedures. Section 3: Certification Pay a) Employees who pass both the State Paramedic exam and become protocol certified and assigned to a non-operational position shall receive in addition to their base salary a certification pay of $3,500.00 annually, to be paid 89 biweekly. Employees who pass both the State Paramedic exam and become protocol certified that are assigned to operational non-transport units shall receive in addition to their base salary a certification pay of $5,500.00 annually, to be paid biweekly. Employees who pass both the State Paramedic exam and become protocol certified that are assigned to operational transport units shall receive in addition to their base salary a certification pay of $7,500.00 annually, to be paid biweekly. Non-Transport assigned paramedics will receive a five (5%) percent assignment pay when assigned to a transport unit. If such employee is also acting as the Lead Medic he/she will not receive the additional five(5%) percent per Article 10 Section 4 (d). In order to receive Paramedic Certification Pay, each paramedic must maintain certification in all of the following Advanced Life Support Programs: 1) Adult Cardiac Life Support (ACLS) 2) Pediatric Advanced Life Support (PALS) 3) Neonatal Resuscitation Program (NRP) 4) Basic or Pre-Hospital Trauma Life Support (BTLS or PHTLS) The City will insure availability of both initial certification and re-certification courses in these 90 programs. This will consist of two different certification course offerings per year. expiration of these certifications for the paramedic personnel during the months of January and June of each year. Protocol certified paramedics, who voluntarily relinquish their rights to practice as a paramedic shall no longer be eligible to receive Paramedic Certification Pay in accordance with section “a” above. In addition, their seniority by position, upon reassignment to another classification, rank, or category, will begin to accrue as of the date of reassignment. In order for the employee to return as a Paramedic for the City, he/she must successfully complete the paramedic protocol testing and preceptor process. Newly hired Paramedics will be entered into the Paramedic Preceptor Program and have eighteen (18) months after entry into the Preceptor Program, in which to pass the protocol examination or be terminated. newly certified Paramedics will be entered into the Paramedic Preceptor Program and have eighteen (18) months after entry into the Preceptor Program in which to pass the protocol examination or will be returned to their prior classification. establish a Paramedic Preceptor Program. The City shall post dates of b) c) Existing employees who become The Local 2928 and the City shall jointly Upon an employee’s 91 request, protocol tests shall be offered at least every ninety (90) calendar days. No Paramedic shall be assigned as the Lead Medic until they have successfully completed their protocol test and have been released by the City Medical Director. The Medical Director maintains the sole right and authority to allow paramedical and emergency medical technician personnel to practice under his/her license; however, no employee shall be disciplined or otherwise lose the financial benefits of certification pay without just cause. d) Employees shall receive $500.00 annually, paid biweekly for the following certifications, so long as the certifications are not a requirement of their job classification. 0 Florida State Fire Inspector 0 Fire Officer I or Fire Officer I1 0 Any one (1) of the following Florida State certified instructors. (Fire Instructor I, 11, 111) e) Employees who are assigned by the Fire Department to the SWAT Program will be eligible for incentive pay of one hundred ($100) dollars per month. The City will establish eligibility criteria for assignment to SWAT Paramedic Program. Once established, employees satisfying the eligibility criteria will be eligible for assignment to the SWAT Paramedic Program. When a SWAT position becomes available all employees satisfying the 92 eligibility criteria shall be allowed to try out for the assignment. f) Employees acting as Medical Preceptors, providing instruction and training to employees in the field, shall receive a two and a half percent (2.5%) increase in base rate of pay for all hours worked while serving as a Preceptor providing field training. The minimum eligibility requirements and method of selection for employees operating as a Medical Preceptor shall be jointly established by the Local 2928 and the City. Section 4: On-Call Life Safety Personnel a) All qualified Life Safety Lieutenants and Chief Fire Inspectors will be assigned as on-call investigators for the City. The qualifications have been set forth by the Fire Chief in Appendix C. Life Safety Lieutenants and Chief Fire Inspectors will rotate amongst each other as the assigned on-call investigator in one week intervals. During this one week interval, the Life Safety Lieutenant or Chief Fire Inspector who is also the on-call investigator shall be provided with a City vehicle, for take home purposes, while on call. b) c) The Life Safety Lieutenants and Chief Fire Inspectors will receive an incentive compensation for this additional work responsibility in the amount of $3,000.00 in the manner described herein unless an-alternative rate and/or manner of 93 compensation for the on-call status would otherwise be required by applicable federal, state or local law. The annual compensation of $3,000.00 will be paid to the Life Safety Lieutenants and Chief Fire Inspectors in a biweekly incentive payment, which will not be added to the base salary of the Life Safety Lieutenant or Chief Fire Inspector. d) e) During the on-call rotation, the Life Safety Lieutenant or Chief Fire Inspector will also receive call back pay if required to return to work by the City in order to conduct a fire investigation as the on-call investigator. In addition to the incentive payment referenced above, the Life Safety Lieutenant or Chief Fire Inspector will receive payment for the actual time worked at a rate of time and one-half (1%) the Life Safety Lieutenant or Chief Fire Inspector straight time rate in quarter hour (1/4) hour increments. Life Safety Lieutenants or Chief Fire Inspectors shall receive a minimum of three (3) hours call back pay. If the assigned on-call investigator is contacted by the City to return to work in order to conduct a fire investigation but is unable to do so, then the assigned on- call investigator shall be responsible to request a Life Safety Lieutenant or Chief Fire Inspector who is not on-call to cover the call back assignment. The City recognizes and acknowledges that the assigned on-call investigator may f) 94 request another Life Safety Lieutenant or Chief Fire Inspector to cover a call-back assignment. Any Life Safety Lieutenant or Chief Fire Inspector who responds to a fire investigation, either the assigned on-call investigator or another Life Safety Lieutenant or Chief Fire Inspector covering the assignment, will be considered an employee of the City of Palm Beach Gardens who is working in the scope and course of his/her employment. Section 5: Lonqevity a) All bargaining unit members when they have completed their required years of service, indicated below, shall be entitled to a percentage increase in salary as follows: Years of Continuous Service Percentage Increase in Salary 10 years 5% 15 years 2.5% 20 years 2.5% b) Said percentage increases shall be added to their base salary. c) Continuous service for purposes of this section shall be defined as employment in the City services without a break or interruption. Layoffs not exceeding one (1) year, authorized military leave, educational leave, vacation leave or lawful extension thereof, or reinstatement in accordance with this agreement, shall not affect continuity of service. 95 Section 6: , For the purposes of any construction of the intent of Article 40 - Salaries, Section 1-6, the parties intend that no party be deemed or characterized as the drafter and that construction occur without regard to any canons of construction concerning the drafter. 96 ARTICLE 41 OUTSIDE ACTIVITIES Section 1: Employees shall at all times bear in mind that they are seen by the general public, while off-duty as well as on-duty, as personnel of the City of Palm Beach Gardens, Florida, and its Fire Rescue Department. Employees shall at all times conduct themselves in such a manner as to bring no discredit, directly or by association, upon the City or the Department. Nothing herein shall be construed to inhibit the freedom of speech or right of any other freedom guaranteed citizens under the Constitution and its amendments of employees and Union representatives. Section 2: Employees accepting employment with any other employer while employed by the City shall do so only so long as the employment does not conflict with the employee's performance of duties for the City. In such instances, the employee's primary obligation shall continue to be to the City, and the employee shall arrange his or her affairs accordingly. Section 3: Employees shall at all times keep the City advised as to any outside employment by submitting a "Notification for Outside Employment". 97 I hereby addition Gardens: NOTIFICATION FOR OUTSIDE EMPLOYMENT EMPLOYEE : POSITION: notify the City of my intent to work another job in to my full-time position with the City of Palm Beach COMPANY NAME: ADDRESS: WORKING HOURS: # HOURS PER WEEK: SUPERVISOR'S NAME: PHONE : NATURE OF WORK : The outside work I will be performing is not in conflict with my present position and that it will not interfere with my job performance with the City. I understand that I will not be eligible for city workers compensation or disability pay for injury sustained in this outside employment. SIGNED: DATE : Emp 1 o ye e RESTRICTIONS: THIS PERMIT IS IN EFFECT UNTIL: APPROVED: DATE: Department Head 98 ARTICLE 42 WORK WEEK Section 1: The work cycle shall be twenty-one (21) consecutive days. The work week shall be an average of forty- eight (48) hours based on a three (3) shift system of twenty-four (24) hours on duty and forty-eight (48) hours off duty with an additional shift off (Kelly Day) every seventh (7th) shift. The 24-hour shifts shall commence at 0700 hours and continue through 0700 hours the following day. Section 2: The Life Safety Lieutenants shall work a forty (40) hour work week, which may be comprised of four (4) ten (10) hour days or five (5) eight (8) hour days. The City will establish the hours of work best suited to meet the needs of the department to provide superior service to the community. Section 3: It is recognized and understood that deviations from the foregoing schedules of work will be necessary and will unavoidably result from several causes. Section 4: For all employees the work hour shall be broken down into four (4) fifteen (15) minute segments. An employee shall be noted as late for work if the employee does not report ready for work at the assigned work station at the assigned starting time. If an employee reports for work late, eight (8) minutes or more after starting time, the employee shall be docked in major segments of one-quarter (1/4) hour. 99 ARTICLE 43 EXCHANGE OF TIME Section 1: Employees may exchange shifts, or parts of shifts, with another qualified employee with prior approval of the Shift Captain, but such approval shall not be unreasonably denied. Captains may exchange shifts, or parts of shifts, with another qualified employee with prior approval of their Supervisor, but such approval shall not be unreasonably denied. Section 2: When an employee, who is scheduled to exchange time for another employee, does not report for duty, that employee will be the one who shall be subject to the appropriate discipline. Section 3: All pay-backs for exchange of time are the responsibility of the employees involved in the exchange. Section 4: If an employee committed to cover an exchange for another employee calls out of work, that employee shall incur one occurrence in accordance with Article 27, Section 9. Section 5: An employee shall not pay another employee to work his or her shift. Section 6: The City shall not incur, and an employee shall not receive, working out of classification pay pursuant to Article 10 as a result of a shift exchange unless it is the City who assigns the employee to work outside his or her classification. 100 ARTICLE 44 MEETING ROOMS The City agrees to grant the Union permission to use the City Council Chambers and Fire Rescue Department meeting rooms for its meetings, provided that the facility will not be utilized for press conferences. On-duty personnel may attend Union meetings with prior approval of the Chief (or his designee). 101 ARTICLE 45 ACCESS TO PREMISES The Union and its representatives, attorneys, agents and persons acting in its behalf shall have access to the City's premises and work locations and property, real and personal, in accordance with State Law. 102 ARTICLE 46 JURY DUTY Section 1: Employees required to serve on jury duty will be paid at their regular rate of pay for time served which would otherwise be scheduled work time. Employees must turn over to the City any monies received by the courts for serving on jury duty. Section 2: Employees must promptly report back to work any time they are re eased from jury duty on a daily basis, if otherwise scheduled to work that shift except non-shift personnel need return to work only if at least four (4) hours remain in their normal work day when released. 103 ARTICLE 47 MILITARY RESERVE LEAVE Section 1: Annual Active Duty Training for Reservists In accordance with 115.07 Florida Statutes, it shall be the policy of the City of Palm Beach Gardens to grant military leaves of absence to those employees who are commissioned reserve officers or reserve entitled personnel in the United States Military or Naval Service or members of the National Guard without loss of vacation leave, pay, time, or efficiency rating on all days during which they are engaged in training ordered under the provisions of the United States Military or naval training regulations for such personnel when assigned to active or inactive duty. These leaves shall not exceed seventeen (17) working days per annual period. Annual period is defined as a calendar year, January 1 through December 31. In accordance with 250.48 Florida Statutes, City officers or employees who are a member of the Florida National Guard are entitled to leave of absence, without loss of pay, time, or efficiency rating, on all days during which they are engaged in active duty pursuant to Florida Statutes 250.28 or 252.36. A leave of absence without loss of pay under this provision may not exceed thirty (30) days at any one time. Administrative leaves of absence for additional or longer periods of time for assignment to duty functions of a military character for United States Military or Naval Service members or members of 104 the National Guard or Florida National Guard or Reserve component of the Armed Forces shall be without,pay, and shall be granted by the City, without loss of time or efficiency rating. 1. An employee wishing to use military leave shall submit a leave request form and, if available, a copy of written orders, to his/her supervisor as soon as possible after notification of or volunteering for duty. 2. The supervisor shall forward the leave request form, together with the military orders, to the Human Resources Department for the employee’s file. 3. all accrued personal leave in the next payroll period. 4. insurance. paying their portion of the current premium rate for dependent coverage. 5. An employee returning from active duty shall be subject to rules and regulations required by federal law. 6. Military leave may not be accrued. An employee called to active duty may request to be paid An employee on military leave may retain his/her group An employee may retain dependent coverage by 105 ARTICLE 48 PROBATIONARY PERIOD Section 1: New hire employees shall be considered on probation for a period of twelve (12) months from the date of hire. The probationary period may be extended up to an additional six (6) months if additional time is needed to evaluate the employee's performance in the position provided the employee is notified in writing of same before the conclusion of the initial twelve (12) month period. During this probationary period, the new hire employee may be terminated without the decision to terminate submitted to arbitration. Newly promoted employees shall be on probation in the promoted classification for a period of six (6) months. Section 2: The probationary period may be extended up to an additional six (6) months if additional time is needed to evaluate the employee's performance in the position, provided the employee is notified in writing of same before the conclusion of the initial six (6) month period. During this probationary period, the employee may be returned to their former classification prior to the promotion and will have no right to have the issue of their return to that classification submitted to arbitration. Section 3: Newly hired or newly promoted employees shall be evaluated using the departmental performance evaluation process. 106 ARTICLE 49 ALCOHOL AND SUBSTANCE ABUSE POLICY The Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc., (Local 2928), and the City of Palm Beach Gardens (the City) hereby agree to modify and replace Article 49 of the collective bargaining agreement providing for Alcohol and Substance Abuse Policy with the following policy regarding alcohol and substance abuse and drug testing: A. PURPOSE AND SCOPE Due to the nature of our profession, the City and Local 2928 acknowledge the necessity of a policy that deals with alcohol and substance abuse for our employees. The purpose of this policy is to deter substance abuse and to ensure that: 1. Employees are at the highest state of readiness while on duty. 2. Employees are physically and mentally sound to perform their duties. 3. A safe work place is provided for all employees. This policy is intended to be corrective, rather than punitive, in its application. Emphasis shall be placed on prevention and rehabilitation. Both parties shall strive to assist employees in overcoming any dependence on drugs and/or alcohol abuse in accordance with the guidelines of this policy. Any employees found to have an alcohol and/or substance abuse problem shall be given an opportunity for rehabilitation before discipline is imposed. B. NO LEGAL DUTY TO TEST All drug/alcohol testing conducted by the City shall be in conformity with the standards established in this Policy and all applicable rules promulgated pursuant to this Policy. However, the City shall not have a legal duty under this Policy to request an employee to undergo drug testing. C. DEFINITIONS For the purpose of this Policy, the following definitions apply: 1. "Alcohol" means ethyl alcohol (ethanol) . References to use of alcohol include use of a beverage, mixture or preparation containing ethyl alcohol. 107 2. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, storing and reporting of test results. 3. "Collection Site" means a place where employees present themselves for the purpose of providing a specimen to be analyzed for the presence of drugs. 4. "Collection Site Person" means a person provided by an approved laboratory who instructs and assists employees at a collection site and who receives and makes an initial examination of the specimen provided by those employees. 5. "Confirmation test, 'I "confirmed test, 'I or "confirmed drug test" means a second analytical procedure run on a sample that was positive on the initial screening test. The second analytical procedure must be used to identify the presence of a specific drug or metabolite in a specimen. The confirmation test must be different in scientific principle from that of the initial test procedure. The confirmation method must be capable of providing requisite specificity, sensitivity and quantitative accuracy. The confirmation test for alcohol will be gas chromatography and the confirmation test for all other drugs will be gas chromatography/mass spectrometry. 6. rrDrug" means alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors, Amphetamines, Cannabinoids, Cocaine, Phencyclidine, and Opiates. 7. "Drug test" or "test" means any chemical, biological or physical instrumental analysis in conformity with this policy, administered for the purpose of determining the presence or absence of a drug or its metabolites. 8. "Employee" means any bargaining unit member who works for salary, wages, or other remuneration for the City of Palm Beach Gardens. 9. "Employee assistance program" means an established program for employee assessment, counseling, and referral to an alcohol and drug rehabilitation program. 10. "Employer" means the City of Palm Beach Gardens who employs bargaining unit members for salary, wages, or other remuneration. 11. "GC/MS" means gas chromatography/mass spectrometry. 108 12. "Initial drug test" means a sensitive, rapid and reliable procedure to identify negative and presumptive positive specimens. The initial screen for all drugs shall be an immunoassay procedure, except that, the initial test for alcohol shall be an enzyme oxidation methodology. 13. "Laboratory" means a facility licensed by the Agency for Health Care Administration in accordance with Chapter 59A-24, Florida Administrative Code and is mutually agreed upon by the Local 2928 and the City. The parties shall select a laboratory prior to the implementation of this policy. 14. "Laboratory" means a facility, inside or outside the State of Florida, licensed by the Department of Health and Rehabilitative Service that is mutually agreed upon by Local 2928 and the City. The parties shall select a laboratory prior to implementation of this P.olicy. 15. "Medical Review Officer or MRO" means a licensed physician who is responsible for receiving and reviewing all drug test results from the laboratory. The MRO is responsible for contacting all positively tested individuals to inquire about possible prescriptive or over-the-counter medications, which could have caused a positive test result. 16. "Nonprescription controlled substance 'I means amphetamines; cannabinoids; cocaine; phencyclidine (PCP); or opiates obtained without a prescription. 17. "Nonprescription medication" means a medication that is authorized pursuant to state or federal law for general distribution and use without a prescription in the treatment of human disease, ailments or injuries. 18. "Prescription medication" means a drug or medication obtained pursuant to a prescription as defined by Section 893.02(17). 19. "Reasonable suspicion drug testing" means drug testing based on a belief that an employee is using drugs in violation of the Employer's policy, drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing shall not be required except upon the written recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Also, reasonable suspicion drug testing must be based upon the direct observation of at least one corroborating witnesses. Furthermore, the supervisor's recommendation as to reasonable suspicion must be reviewed and agreed upon in writing by the Fire 109 Chief or his designee. At this time, only the Fire Chief or his designee may order reasonable suspicion drug testing. This written recommendation shall include the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant testing. Reasonable suspicion is defined as the following a. Observable phenomena while at work, such as direct observation of drug use or the physical symptoms or manifestations of being under the influence of a drug. b. Significant deterioration in work performance. c. Evidence that an individual has tampered with a drug test during his employment with the current employer. d. Evidence that an employee has used, possessed, sold, or solicited drugs while working or while on the Employer's premises or while operating the Employer's vehicle, machinery, or equipment. 20. "Safety-sensitive position" means any position, including a supervisory or management position in which a drug impairment would constitute an immediate and direct threat to public health or safety. 21. "Special risk" means employees who are required as a condition of employment to be certified under Chapter 633, Florida Statutes, or Chapter 943, Florida Statutes. 22. "Specimen" means a tissue or product of the human body capable of revealing the presence of alcohol and/or drugs or their metabolites. 23. "Threshold detection level" means the level at which the presence of a drug or alcohol can be reasonably expected to be detected by an initial and a confirmatory test performed by a laboratory that meets standards established herein. The threshold detection level indicates the level at which valued conclusion can be drawn that the drug or alcohol is present in the employee's sample. 24. "Program Administrator" means the City's Employee Assistance Provider. 110 D. AUTHORITY TO TEST, TYPES OF TEST, REFUSAL TO TEST 1. Authority to Test - The City has the authority to require employees to submit to testing for the presence of alcohol or drugs only as specifically as set forth in this drug- testing policy. 2. Types of Tests - The City may conduct the following types of drug tests in order to maintain a drug-free workplace program: a. Reasonable suspicion - The City may require an employee to submit to reasonable suspicion drug testing. The definition of "reasonable suspicion drug testing" as defined in this drug-testing Policy will be the sole basis for determining whether reasonable suspicion exists to test an employee. b. Post Accident Testing - If an employee is involved in an accident in which the employee was driving, the employee will be tested for drugs/alcohol if any one of the following occurs: an individual dies, an individual suffers a bodily injury and immediately receives medical treatment for which a medical report is generated, or one or more vehicles incurs disabling damage as the result of the occurrence. Disabling damage does not include damage that could be remedied temporarily at the scene of an occurrence without special tools or parts; tire disablement without further damage even if no spare tire is available; or damage to headlights, taillights, turn signals, horns, or windshield wipers that make them inoperative. c. Random Testing - Employees will be subject to drug testing on a purely random basis. Random selection of up to 50% of bargaining unit employees every year will be made by a contracted third party utilizing a Department of Transportation approved random selection computer program. Employees selected for random testing will be tested on the day the employee selected is on-duty. If off-duty, the employee will be tested on the employee's next shift worked. If the employee is not tested on the next shift, the employee will not be tested. No more than 10% of those selected for random drug testing will be tested for alcohol. d. Follow-up testing - If an employee, in the course of employment, enters an employee assistance program for drug- related problems, or an alcohol and drug rehabilitation program, the City may require the employee to submit to one drug test per quarter on any shift chosen by the Department during the quarter 111 as a follow-up to such program for a twelve-month period thereafter. 3. Refusal to Test - If an employee refuses to submit to a test for drugs and alcohol, he/she may be disciplined by the City, up to and including termination for such refusal. E. NOTICE TO EMPLOYEES 1. This Policy shall serve notice to all employees that a drug testing program is being implemented within the City. The City will include a notice of drug testing on all vacancy notice of this Policy will also be posted in an appropriate and conspicuous location on the City’s premises and copies of this Policy shall be made available during inspection during regular business by the general public in the City‘s Human Resources department. announcements on positions where drug testing is required. A F. COLLECTION PROCEDURES, CHOICE OF SPECIMEN, COST OF TESTING 1. An employee injured at the workplace and required to be tested, in accordance with this Policy, shall be taken to a medical facility for immediate treatment of injury. If the injured employee is not at a designated collection site, the employee will be transported to one as soon as it is medically feasible where specimens shall be obtained. If it is not medically feasible to move the injured employee, specimens shall be obtained at the treating facility under the procedures set forth in this policy and transported to an approved testing laboratory. 2. No specimens shall be taken prior to the administration of emergency medical care. Once this condition has been satisfied, the City may obtain results of any tests conducted on a specimen for the presence of alcohol or drugs only as is specifically provided for in this policy. 3. The City may test for any or all of the following drugs : Alcohol, Amphetamines, Cannabinoids, Cocaine, Phencyclidine, or Opiates. Drugs may be added to this list at the request of either the Union or the City. Neither party shall unreasonably deny the other party’s request to add a drug to this list. Appropriate cut-off levels shall be added to Section G(4) below for any drug added to this list. 4. Body specimens - Urine will be used for the initial test for all drugs, and for the confirmation of all drugs, except alcohol. Blood will be used as the initial and confirmation test for alcohol. Nothing in this section shall be construed to limit 112 the discretion of a physician to determine whether drawing a blood sample will threaten the health of the employee, or if the employee has a medical condition unrelated to an accident which may preclude the drawing of the necessary quantity of blood for a testing specimen. No inference or presumption of intoxication or impairment may be made in a case where a physician prevents a specimen extraction based on his or her medical expertise. 5. Cost of testing - The City shall pay the cost of all drug tests which it requires of employees. 6. Collection site - The collection site utilized by the City must be mutually agreed upon between the City and the Local 2928. In addition, the City shall utilize a collection site designated by the approved laboratory which has all necessary personnel, materials, equipment, facilities, and supervision to provide for the collection, security, chain of custody procedures, temporary storage and shipping or transportation of urine and blood specimens to the approved drug testing laboratory. 7. Security of the collection site, chain of custody procedures, privacy of the individual, collection control, integrity and identity of the specimen, and transportation of the specimen to the laboratory shall be in accordance with Section 59A-24.005, Florida Administrative Code. A form showing the chain of custody shall be used and maintained for each employee tested. 8. Collection site personnel - A specimen for a drug test may be taken or collected solely by a physician, a physician's assistant, a registered professional nurse, or other technician who has the necessary certification, training, and skills for the assigned tasks. G. LABORATORIES' PROCEDURES 1. No laboratory may analyze initial or confirmation drug specimens unless the laboratory is licensed by the Department of Health and Rehabilitative Services and is capable of performing such tests in accordance with Section 112.0455, Florida Statutes, and its attendant rules in Section 59A-24.006, Florida Administrative Code. 2. Laboratory assistance - The approved laboratory shall provide technical assistance to the MRO or employee for the purpose of interpreting any positive confirmed test results which could have been caused by a prescription or non-prescription medication taken by the employee. 113 3. Laboratory analysis procedures - All laboratory security, chain of custody, transporting and receiving of specimens, specimen processing, retesting, storage of specimens, instrument calibration and reporting of results shall be in accordance with Section 112.0455, Florida Statutes, and its attendant rules in Section 59A-24.006, Florida Administrative Code. 4. Initial test - The initial screen for all drugs shall use an immunoassay methodology except that the initial test for alcohol will be an enzyme oxidation methodology. The following cut-off levels, as established by the NIDA (National Institute for Drug Abuse) shall be used when first screening specimens to determine whether they are positive or negative for the drugs or metabolites specifically listed below. (In the event that the following cut-off levels, as established by the NIDA, are subsequently amended by legislation, the cut-off levels set forth below shall control.) All levels exceeding the following shall be reported as positive and reported for confirmation testing: Alcohol 0.05 Amphetamines 1000 ng/ml Cannabinoids 100 ng/ml Cocaine 300 ng/ml Phencyclidine 25 ng/ml Opiates 300 ng/ml 5. Confirmation test - All specimens identified as positive on the initial test shall be confirmed using gas chromatography mass spectrometry (GC/MS) except that alcohol will be confirmed using gas chromatography. All confirmations shall be done by quantitative analysis. Concentrations which exceed the linear region of the standard curve shall be documented in the laboratory record as "greater than highest standard curve value. " The following confirmation cut-off levels, as established by the NIDA (National Institute of Drug Abuse) shall be used when analyzing specimens to determine whether they are positive or negative for the drugs or metabolites specifically listed below. All levels exceeding the following shall be reported as positive: Alcohol 0.05 Amphetamines 500 ng/ml Cannabinoids 15 ng/ml Cocaine 150 ng/ml Phencyclidine 25 ng/ml Opiates 300 ng/ml 6. Drug testing laboratories shall retain and store all confirmed positive specimens pursuant to Section 112.0455, Florida Statutes, and its attendant rules as established in 114 Section 59A-24.006, Florida Administrative Code. The assigned laboratory shall be required to maintain any specimens under legal challenge for an indefinite period. H. RELEASE OF RESULTS 1. Reporting results a. The laboratory shall report tests results to the MRO within seven business days after receipt of the specimen by the laboratory. b. The laboratory shall report as negative to the MRO all specimens which are negative on the initial test or are negative on the confirmation test. Only specimens which are confirmed as positive on the confirmation test shall be reported positive to an MRO only for a specific drug. c. The laboratory shall transmit results to the MRO in a manner designed to ensure confidentiality of the information. The laboratory and MRO must ensure the security of the data transmission and restrict access to any data transmission, storage, and retrieval system. d. The MRO and/or the tested employee may request from the laboratory, and the laboratory shall provide, a detailed quantification of the initial and confirmation test results. e. The MRO will also verify that positive and negative test results were properly analyzed and handled. The MRO will have knowledge of substance abuse disorders and shall also be knowledgeable in the medical use of prescription drugs and in the pharmacology and toxicology of illicit drugs. The MRO shall evaluate the drug test results which is reported by the laboratory, verify the drug test results by checking the chain of custody form that the specimen was collected, transported and analyzed under proper procedures as set forth in this Policy. f. The MRO will initially notify the employee of a confirmed positive test result within three business days of receipt of the test result from the laboratory and determine if any alternate medical explanations caused a positive test result. This notification may be accomplished via telephone. This determination by the MRO shall include conducting a medical interview with the employee, review of the employee's medical history, review of any other relevant bio-medical factors, a review of all medical records made available by the tested employee, and an inquiry as to whether any prescription or non- prescription medications could have caused the positive test result. The MRO will provide an opportunity for the employee to 115 discuss the positive test result and to submit documentation of any prescriptions relevant to the positive test result for up to five business days after notification period. g. The MRO will then communicate the test results of an employee to a designated representative of the City and the employee. The test results shall be communicated only after the MRO has verified that the positive and/or negative test results were properly analyzed and handled and, in the case of a positive test result, the MRO has provided at least up to five business days for the employee to discuss the positive test results and to submit documentation of any information relevant to the positive test results. h. The MRO shall provide to the designated representative of the City and the employee a copy of the test results subject to the employee protection provision (Section J) and the confidentiality provision (Section N) of this Policy. 2. All records pertaining to a given specimen shall be retained by the drug testing laboratory for a minimum of five years. Also, drug testing laboratories shall retain in place all confirmed positive specimens in a properly secured long-term frozen storage facility for a period of at least one year from the date of the initial testing. Within this one-year period of time, an employer, employee, or medical review officer may request in writing that the laboratory retain the specimen for an additional period of time. If no such request is received, the laboratory may discard the specimen after one year of storage. However, when notified in writing, the laboratory shall be required to maintain any specimens under administrative or legal challenge for an indefinite period. I. CHALLENGES TO TEST RESULTS 1. Within five business days after receipt of a positive confirmed test result from the MRO, the City shall inform the employee in writing via certified letter sent to the employee's last known address, of the positive test result and the employee's right to explain or contest the test results. The employee must be allowed at least up to five business days to submit information to the City explaining the test results prior to a final decision by the City. 2. Within fifteen calendar days from when an explanation is due, the City must notify the employee in writing of their final decision. If the employee does not submit information explaining the test results, or if the City deems the explanation to be unsatisfactory, the City must include in their final decision the consequences of such results and the options 116 available to the employee. All documentation shall be kept confidential by the City and shall be retained by the City for at least one year. 3. An employee may challenge the testing procedures, test results, and/or consequential action taken by the City through the grievance procedure. Grievances, unless otherwise stated, shall be immediately arbitrated. The grievance process will begin as soon as the City notifies the employee in writing of the City's final decision regarding the tested employee. However, if the employee disputes whether reasonable suspicion exists, the employee may also file a grievance as specifically set forth in the employee protection provision (Section J-2). 4. When an employee does undertake to challenge the results of a drug test, it shall be the employee's responsibility to notify the laboratory in writing of such challenge. After such notification, the sample shall be retained by the laboratory indefinitely until the challenge is settled. However, regardless of challenge, all positive confirmed specimens will be retained by the laboratory for at least one year from the date of initial testing. [SEE SECTION H-2 (RELEASE OF RESULTS)] 5. Nothing in this drug testing Policy shall be construed to eliminate or diminish any rights provided to the City or the employee by the collective bargaining process and the resulting collective bargaining agreement thereof. J. EMPLOYEE PROTECTION & DISCIPLINE 1. The supervisor recommending reasonable suspicion drug testing shall detail in writing the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant testing. A copy of this documentation must be given to the employee and Local 2928 prior to testing. The original documentation shall be kept confidential by the City to the extent permitted by law. 2. If an employee disputes the supervisor's recommendation of reasonable suspicion, the employee must, nonetheless, submit to a blood/urinalysis test, as ordered by the Fire Chief or his designee, while also filing a grievance in writing directed to the Fire Chief or chief officer on duty within 2 business days of the testing order. The employee must also submit the grievance to the Union within 24 hours of the testing order. If it is unable to be satisfactorily resolved with the Fire Chief, such grievance shall be immediately arbitrated under the expedited arbitration rules as set forth in Section K (Expedited Arbitration for Reasonable Suspicion Cases) of this Policy. Pending the arbitrator's decision, which shall be final and 117 binding, the blood/urinalysis sample shall be frozen, and testing by the laboratory shall be withheld. Test results will not be released to any representative of the City unless the arbitrator confirms that the City ordered the testing based on reasonable suspicion as defined in this Policy. 3. All employees may, upon request, have a Union representative present during the testing procedure, provided that the test will not be postponed for more than 60 minutes while waiting for a Union representative. An attempt will be made to telephone a Union representative advising of said pending tests, but in no instance will the 60-minute waiting rule be waived, during which time the employee may not urinate. 4. The City may place any employees who are tested for reasonable suspicion under the provisions of this Policy on administrative leave with pay, or into a non-safety sensitive position until the results of the official test are known. 5. The City may place any employees whose drug test results are confirmed positive on administrative leave without pay until a final decision is made on the tested employee by the City. 6. The City will not request or receive from any testing facility any information concerning the personal health, or medical condition of the tested employee including the presence or absence of HIV antibodies in the tested employee's body fluids. 7. The drug testing laboratory may not disclose any information concerning the health and mental condition of the tested employee. 8. During the 180-day period after written notification of a positive test result, the employee who has provided the specimen shall be permitted to have a portion of the specimen retested at the employee's expense. Such retesting must be done at another HRS-licensed laboratory, as previously specified in this Policy. The employee will submit a list of three (3) laboratories and the City shall then select one from the list. The second laboratory must test at equal or greater sensitivity level for the drug in question as the first laboratory. The first laboratory which performed the test for the City shall be responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during such transfer. If the split sample is shown to be negative, the City shall reimburse the employee for all costs associated with retesting the split sample. 118 9. The City will not discharge, discipline, discriminate against, or require rehabilitation of any employee on the sole basis of a positive initial (EMIT) test result that has not been verified by a confirmation test. 10. The .City will not discharge, discipline or discriminate against any employee upon the employee voluntarily seeking treatment while under the employment of the City for an alcohol This or drug related problem for the first such instance. provision shall not be construed to remove the rights of the City to discipline an employee not on the basis of the positive drug/alcohol test. 11. Documents and records with regard to the drug testing of an employee shall not be placed in the personnel file of an employee if the employee is cleared through a challenge; and/or under reasonable suspicion drug testing, if the employee’s test results are negative. K. EXPEDITED ARBITRATION RULES FOR REASONABLE SUSPICION CASES 1. When an employee files a grievance alleging that the order of reasonable suspicion was improper, this drug testing grievance shall be submitted directly to arbitration. Such grievance shall be heard no later than ten business days after the employee files the grievance unless otherwise mutually agreed by the City and the Local 2928. 2. The arbitrator will be required to make a bench ruling at the close of the hearing which must specifically determine whether the City had reasonable suspicion as defined in this Policy to order the drug test. An oral response will be sufficient to settle the grievance at the close of the hearing. Such oral response shall be reduced to writing for the record by the arbitrator and submitted to the parties within five business days from the close of the hearing. 3. The City and the Local 2928 shall jointly select an arbitrator from a list provided by the Federal Mediation and Conciliation Service through alternate striking. The mutual selection through alternate striking shall take place on the same day the panel is received or as soon as possible thereafter as agreed to by the parties. 4. If the selected arbitrator has no dates available within the time frame set forth in this policy, the next arbitrator on the list will be called. 119 L. REHABILITATION 1. In the event that the results of the blood/alcohol or urinalysis testing are confirmed positive, the employee must enter an alcohol/substance abuse program approved by the City and Local 2928 within 14 calendar days of the confirmed positive test result or the acknowledgement of a substance/alcohol problem by the employee. The employee must sign a Release permitting the program administrator to communicate confidentially with the Human Resources Administrator or his/her designee, and the program administrator must agree to provide the following information on a weekly basis: (a) Attendance at sessions; (b) Adherence to treatment plans; (c) Completion of the program; (d) In case of outpatient program, provide detailed information as to whether the employee can work light duty. Upon request, the program administrator will provide response to items (a) through (d) above in writing. The approved program administrator shall determine when the employee has been successfully rehabilitated. If the employee, according to the program administrator, has not successfully completed the program within 90 calendar days of entering the approved program, the employee may be terminated. If approved by the program administrator, the City shall make every effort to place a safety-sensitive employee whose drug test result is confirmed positive in a non-safety-sensitive position while the employee participates in the employee assistance program. The employee must accept such non-safety-sensitive position, unless the program administrator specifically orders otherwise or unless it interferes with the rehabilitation program. If a non-safety- sensitive position is not available, or if the program administrator requires inpatient treatment for the employee, the employee shall be placed on leave status without pay until successfully rehabilitated. If the program administrator determines that the employee in an outpatient program cannot perform an available light duty assignment, the employee will be placed in an unpaid leave status. If placed on leave status without pay, the employee will use any accumulated leave hours prior to being placed on leave without pay. Refusal to enter such a program shall result in the termination of the employee. 2. The City, Local 2928, and the employee will make every effort to ensure that the rehabilitation of the employee will be successful. Once the employee is rehabilitated, as determined by the program administrator, the employee must be allowed to return to work without being disciplined for the employee’s positive drug test. 120 3. If the employee fails to complete the program, the employee may be subject to discipline, up to and including termination. 4. Any employee who for a second time tests positive for alcohol/substance abuse, or who voluntarily admits to continued alcohol/substance abuse, may be terminated at the discretion of the Fire Chief. 5. Employees who voluntarily enter a substance abuse program will be subject to the rehabilitation provisions. M. EMPLOYEE ASSISTANCE PROGRAM The City shall have a contact person within the Human Resources Department who will be responsible for providing the names, addresses, and telephone numbers of the Employee Assistance Program available to employees. N. CONFIDENTIALITY 1. All information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received or produced by the City through this Policy are confidential communications to the extent provided by the law. 2. The City, the assigned laboratory, the Medical Review Officers (MROs), the employee assistance programs, the drug and alcohol rehabilitation programs and their respective agents who receive or have access to this information concerning drug test results shall keep all information confidential. Release of such information under any other circumstances shall be solely pursuant to a written consent form signed voluntarily by the person tested, unless such release is compelled by an arbitrator or a court of competent jurisdiction pursuant to an appeal taken due to this drug testing Policy, or unless deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain, at a minimum : a. the name of the person who is authorized to obtain the information b. the purpose of the disclosure c. the precise information to be disclosed d. the duration of the consent 121 e. the signature of the person authorizing release of the information. 3. Information on drug test results shall not be released or used in any criminal proceeding against the employee. Information released contrary to this Policy, shall be inadmissible as evidence in any such criminal proceeding. 4. Nothing herein shall be construed to prohibit the City, an agent of the city, or the laboratory conducting a drug test from having access to employee drug test information when consulting with legal counsel in connection with the actions brought under or related to this Policy or when the information is relevant to its defense in a civil or administrative matter. 0. EDUCATION 1. The City will maintain a current resource file of providers of employee assistance including alcohol and drug abuse programs, mental health providers, and various other persons, entities or organizations designed to assist employees with personal or behavioral problems including, but not limited to, those referenced in the "Florida Comprehensive Directory, Drug Abuse and Mental Services," published by the Department of Health and Rehabilitative Services. 2. The City must inform employees about any employee assistance programs the City may have available. P. CONFLICT WITH OTHER LAWS AND/OR COLLECTIVE BARGAINING AGREEMENT 1. Any specific references in this Policy to Section 112.045, Florida Statutes, and Chapter 59A-24, Florida Administrative Code, is hereby incorporated by reference only to the extent there is not conflict with other provisions in this Policy. The specific provisions of the drug testing Policy shall control over any conflict with references to Section 112.0455, Florida Statutes, and Chapter 59A-24, Florida Administrative Code. 2. This drug testing Policy is, in no way, intended to diminish, waive, or supersede any constitutional or other rights, not specifically mentioned in this Policy, that the employee may be entitled to under federal, state, or local statutes. 3. This drug testing Policy is in no way intended to diminish, waive, or supersede any rights provided to employees under a collective bargaining agreement. The employee also has a right to challenge the results of any drugs or alcohol tests and 122 any discipline imposed due to the provisions of this drug testing Policy in the same manner that any other employer action can be grieved under the terms of the collective bargaining agreement. 123 ARTICLE 50 DURATION OF AGREEMENT Section 1: It is understood by and between the parties that this Agreement shall be effective October 1, 2008, and shall continue until September 30, 2011. This Agreement shall be automatically renewed annually provided, however, that either party may give written notice by January 1, 2011, of its intention to renegotiate the Agreement or specific Articles of the Agreement. Such written notice shall include an enumeration of the Articles to be renegotiated and only those articles it identified in the notice shall be negotiated. The failure of a party to provide such notice shall prohibit that party from proposing changes. Written proposals on all opened articles shall be provided by January 31, 2011. The failure of a party to provide written proposals on or before that date or articles that party opened shall prohibit that party from proposing changes to that article. If a mutually satisfactory agreement is not reached within an appropriate time period, all disputed matters shall be resolved in accordance with Florida State Statutes, Chapter 447. 124 SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Agreement this I 200w. - -- City of Palm Beach Gardens PROFESSIONAL FIREFIGHTERS/ PARAMEDICS OF PALM BEACH COUNTY City Managdr Fire Chief Ratified by City of Palm Beach Gardens on the ,day of ..._________ 2ooq. Confirmed by: -.-I I -._I-__..__-__-___ Mayor, Palm Beach Gardens City Counc.i.1 -- - Eduardo Morej DVP 6 ---- ----1-1 Negotiating Team Member Conf irmed by: Bdach County Local 2928, IAFF, Inc, 128 Appendix: A PERSONAL LEAVE CASH-IN FORM Employee Name: I Personal Leave Hours: I Hours to Be Left in Bank: Minimum of 100 Maximum Amount Eligible to Cash In: I Fill in all the blanks and return the entire form to Debby Steinbruckner in the Finance Department. Reviewed by Department Head: To: Debby Steinbruckner From: I I wish to cash in I paid at my base rate of pay. Employee Signature: hours of personal Date: leave time to be HOURS TO BE LEFT IN YOUR BANK: Minimum of 100 hours 126 ACCRUAL CHART: 15.4 hours vears I 25.0 hours t 17.8 hours 20.2 hours 22.6 hours IMAXIMUM ACCRUAL: 0-4 years 300 hours 5-8 years 400 hours 9-12 years 450 hours 13-16 years 500 hours years 550 hours 17 - 20 over 20 years 640 hours 127 APPENDIX B Step-up Qualifications - Captain Operations Assignment: 0 Must be at least the rank of Lieutenant and cleared promotional probation. 0 Completion of Palm Beach Gardens Fire Rescue Officer Revelopment Program. 0 Must meet the minimum qualifications for the position of Captain. EMS Assignment: Must be at least the rank of Lieutenant and cleared promotional probation. Paramedic with a minimum of five (5) years experience as a protocol certified paramedic with the City of Palm Beach Gardens. Completion of the Palm Beach Gardens Fire Rescue EMS Captain Step-up Training Program. Completion of the University of Miami Advanced Airway Program (or an equivalent approved by the Departmental Medical Director). Completion of six (6) hours of In-Service training with the Departmental Medical Director. Completion of Palm Beach Gardens Fire Rescue Officer Development Program. Must meet the minimum qualifications for the Captains posit ion. 128 Step-up Qualifications - Lieutenant Must be a Firefighter or a Driver/Engineer and cleared Completion of Palm Beach Gardens Fire Rescue Officer Must meet the minimum qualifications for the Lieutenants promotional probation. Development Program. position. Step-up Qualifications- Driver / Engineer 0 Must have completed five (2) years continuous service with 0 Must meet the minimum qualifications for the Driver / the Palm Beach Gardens Fire Rescue Department. Engineer position. 129 APPENDIX C On-Call Fire Investigation Rotation Qualifications: In order for an individual to qualify as an on-call investigator, the individual must be certified by one of the following certification programs. 1) Florida Investigator I, Florida State Fire College 2) Certified Fire & Explosive Investigator, National Association of Fire Investigators 3) Certified Fire Investigator, International Association of Arson Investigators. 130 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5,2009 Resolution 16,2009 SubjectIAgenda Item: Consideration of City Council’s intent to support reallocation of the $2 local option surcharge on the lease or rental of motor vehicles to the South Florida Regional Transportation Authority. [ ] Recommendation to APPROVE I ] Recommendation to DENY Interim City Attorney Submitted by: .&E Jamie Cobb, Executive Assistant to the City Manager Originating Dept: Administration Jamie E. Cobb, Executive Assistant to the City Manager Advertised: Date: Paper: [XI Not Required Affected parties: NIA / [ ]Notified Dc] Not required ~___ costs: $4 (Total) $4 Current FY Funding Source: NIA [ ] Operating [ ]Other Budget Acct# NIA Council Action: [ ]Approved [ ]Approved wl conditions [ ]Denied [ ] Continued to: Attachments: e [ ]None Meeting Date: February 5,2009 Resolution 16,2009 BACKGROUND: Pursuant to the directive given to staff by the City Council at the January 15,2009 Regular City Council Meeting, staff prepared a Resolution in support of a $2 rental car surcharge reallocation to the South Florida Regional Transportation Authority. The South Florida Regional Transportation Authority (SFRTA) was created on July 1,2003, to ensure a viable regional transportation system in Broward, Miami-Dade and Palm Beach counties. SFRTA is supported by these three counties, ridership fees from Tri-Rail and various Federal and State grants. With current regional transit needs estimated at over $20 billion, SFRTA has been in pursuit of a dedicated funding source that would yield an annual minimum of $50 million. This dedicated source could potentially eliminate $6.9 million from each of the three counties’ budgets annually, as well as relieve the State of its funding obligations to SFRTA. Additionally, a steady income stream would ensure SFRTAs ability to apply for available matching Federal and State funds to build, maintain and operate an expanded transportation system in the South Florida region. To date, no committed source for SFRTAs transportation enterprise has been instituted. However, a coalition of statewide mass-transit stakeholders, the Florida Urban Transportation Coalition (FUTC), has been established to increase the success of transportation oriented legislation in the 2009 Legislative Session. One of the Coalition’s top priorities is to obtain legislative approval for the reallocation of the existing $2 local option rental car surcharge, which presently funds the Florida Department of Transportation Work Program, to instead subsidize SFRTA and similar regional authorities around the State, but without a voter referendum. The current surcharge bill, HB 207, requires that counties must first seek voter approval prior to imposing the $2 fee. Nevertheless, the Coalition is confident this rental car surcharge would generate the appropriate funding needed, as well as meet State and Federal requirements as a dedicated funding source. Legislative efforts to push for the reallocation of the surcharge have not been successful in recent years. Last Session, the Florida House supported a bill to return eighty (80) percent of the existing surcharge to the collecting counties. The companion bill never was heard in any capacity in the Senate, and the House bill ran out of time on the last day of Session. Currently, there is no legislative support for the surcharge this session. If approved, this Resolution will be forwarded to the Palm Beach County Legislative Delegation’s chair, Representative Priscilla Taylor. 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 16,2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SUPPORTING THE REALLOCATION OF THE $2 LOCAL OPTION SURCHARGE ON THE LEASE OR RENTAL OF MOTOR VEHICLES TO THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the South Florida Regional Transportation Authority (SFRTA) was created on July 1, 2003, to ensure a viable regional transportation system in Broward, Miami-Dade, and Palm Beach counties; and WHEREAS, the SFRTA is strategically planning for several needed transit projects to provide for the future regional mobility needs of South Florida’s residents and visitors; and WHEREAS, to enable the SFRTA to provide these regional transit projects that South Florida’s public has requested, a dedicated source of funding of at least $50 million per year is required; and WHEREAS, the SFRTA has requested support from municipalities for its pursuit of a dedicated funding source that does not increase property or sales taxes; and WHEREAS, the SFRTA, in alliance with the Florida Urban Transportation Coalition, is requesting legislative support of the reallocation of the current $2 local option surcharge to Regional Transportation Authorities statewide. WHEREAS, the City Council specifically determines that this Resolution serves a proper public purpose and is in the best interest of the City and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby directs the City Clerk to provide a copy of this Resolution to the Chair of the Palm Beach County Legislative Delegation, Representative Priscilla Taylor. SECTION 3. This Resolution shall become effective immediately upon adoption. Resolution 16, 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: MAYOR JABLIN VICE MAYOR LEVY COUNCILMEMBER RUSSO COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO e G:\attorney-share\RESOLUTlONS\2009\Resolution 16 2009-supporting SFRTA.docx 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5,2009 Ordinance: 4,2009 SubjecUAgenda Item: Red Luht Intersection Cameras [ x ] Recommendation to APPROVE I1 Recommendation to DENY I Submitted by: Chief *e Stepp I Department Director I CttyMa6ager Originating Dew: Police Advertised: Date: Paper: [ x ] Not Required Affected parties - [ ]Not required SAL Current FY Funding Source: None ] Operating ] Other Budget Acct.#: Council Action: [ ]Approved w/ conditions [ ]Denied 1 ] Continued to: Attachments: Ordinance 4,2009 'Meeting Date: February 5,2009 Ordinance: 4,2009 BACKGROUND: According to the United States Department of Transportation, red light violations cause approximately 106,000 crashes each year in the US., resulting in nearly 1,000 deaths and 89,000 injuries. The goal of the Dangerous Intersection Safety Ordinance is to improve the safety of the community by installing automated red light enforcement cameras at intersections designated by the Ctty. The red light enforcement cameras operate 24 hours a day, providing traffic enforcement in a more consistent, strategic, and efficient manner. The main objectives of this ordinance are to: 0 Decrease the number of serious side-impact accidents caused by traffic signal violations Increase public awareness of safe driving Supplement existing poke resources 0 Decrease the number of traffic violations at intersecthns STAFF RECOMMENDATION: Staff recommends approval to enhance our traffic safety initiatives. 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 ORDINANCE 4,2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 70, TRAFFIC AND VEHICLES BY ADOPTING AN ENTIRELY NEW ARTICLE VI TO BE ENTITLED “DANGEROUS INTERSECTION SAFETY”; PROVl DING FOR RECORDED-IMAGE MON ITORl N G, DEFINITIONS, AN INTRODUCTORY PERIOD, REVIEW OF RESPONSIBILITY PROVISIONS, ENFORCEMENT, AND PENALTIES RELATED TO A VIOLATION OF THIS ARTICLE, ALSO CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RECORDED IMAGES, NOTICES, HEARING, NON- KNOWN AS A “RED-ZONE INFRACTION”; PROVIDING A WHEREAS, the running of red lights causes a safety hazard affecting every citizen and traveler in the City of Palm Beach Gardens; and WHEREAS, the City Council wishes to reduce the running of red lights by creating an additional enforcement mechanism; and WHEREAS, the use of unmanned cameras can be effective in enforcing laws requiring vehicles to stop for red lights, thereby freeing law enforcement officers to respond to other, often more significant incidents and crime; and WHEREAS, Sections 31 6.002 and 31 6.008, Florida Statutes, authorize municipalities to adopt local legislation to control traffic and parking within their jurisdictions; and WHEREAS, Attorney General Opinion 2005-41, dated July 12, 2005 (the “Opinion”), confirms the authority of a municipality under the state law to enact an ordinance in order to monitor violations of traffic signals within its jurisdiction by using unmanned cameras to monitor intersections and record traffic violations; and WHEREAS, the Opinion also provides that local governments may not issue traffic citations under state law for violations observed by unmanned cameras which have not otherwise been observed by law enforcement officers; and WHEREAS, in order to be consistent with the Opinion, the City should not utilize the uniform traffic citation prescribed by Chapter 316, Florida Stafufes, but may utilize Chapter 162, Florida Stafufes, to enforce a traffic violation which may be considered a serious threat to the public health, safety, and welfare and irreversible in nature; and 1 Ordinance 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 WHEREAS, the City Council finds the adoption of this Ordinance to be in the best interests of the City in order to provide for the use of unmanned cameras to enforce traffic regulations concerning the failure to stop at traffic lights on roads under the City’s jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. Each of the above-stated recitals are hereby adopted and confirmed. SECTION 2. Chapter 70, Traffic and Vehicles of the Code of Ordinances of the City of Palm Beach Gardens is hereby amended by adopting an entirely new Article VI which shall be entitled “Dangerous Intersection Safety”, providing that Chapter 70 shall hereafter read as follows: Chapter 70 TRAFFIC AND VEHICLES ARTICLE 1. IN GENERAL (This article shall remain in full force and effect as previously adopted ARTICLE II. SPECIFIC STREET REGULATIONS (This article shall remain in full force and effect as previously adopted ARTICLE 111. PARKING, STANDING AND STOPPING 32 33 34 ARTICLE IV. BICYCLES 35 36 37 38 ARTICLE V. COMBAT AUTOMOBILE THEFT PROGRAM 39 40 41 42 43 44 45 46 (This article shall remain in full force and effect as previously adopted.) (This article shall remain in full force and effect as previously adopted.) (This article shall remain in full force and effect as previously adopted.) 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 Ordinance 4, 2009 ARTICLE VI. DANG EROUS IN TERSECTION SAFE N Sec. 70-1 33. Intent, The Durpose of this article is to authorize the use of an unmanned camera/monitorina svstem to promote compliance with red-liaht signal directives as set forth in this article, and to adopt a civil enforcement svstem for red-light signal violations. This article will also supplement law enforcement personnel in the enforcement of red- liaht sianal violations and shall not prohibit law enforcement officers from issuina a citation for a red-light sianal violation in accordance with other routine statutorv traffic enforcement techniques. Sec. 70-134. Use of lmaa e Capture Technoloaies, The Citv shall utilize imaae-capturina technoloaies as a supplemental means of monitoring compliance with laws related to traffic-control signals, while assisting law enforcement Personnel in the enforcement of such laws! which are designed to protect and improve public health, safety, and welfare. This section shall not supersede, infrinae, curtail, or impinae upon state or countv laws related to red-light signal violations or conflict with such laws. Nothing herein shall conflict with the rsrimarv jurisdiction of Palm Beach Countv to install and maintain traffic-signal devices on countv roadwavs. This article shall serve to enable the Citv to provide enhanced enforcement and resr>ect for authorized traffic-signal devices. The Citv mav utilize image-capturing technoloaies as an ancillary deterrent to traffic-control signal violations and to therebv reduce accidents and iniuries associated with such violations. Notices of infractions issued pursuant to this article shall be addressed usina the Citv’s own Special Magistrate pursuant to Article IV: Code Enforcement of Chapter 2. Administration of the Citv Code and not through uniform traffic citations or countv courts. This shall not bar the use of uniform traffic citations and the countv court svstem when Citv law enforcement personnel choose not to utilize this article as the enforcement mechanism for a specific violation. Sec. 70-1 35. Definitions, The followina definitions shall applv to this article: la) Intersection. The area embraced within the prolongation or connection of the lateral curb line: or if none! then the lateral boundarv lines of the roadwavs of two roads which ioin or intersect one another at. or aDproximatelv at. riaht anales: or the area within which vehicles travelina upon different roads joinina at anv other anale may come in conflict. (bl Motor Vehicle. Anv self-propelled vehicle not operated upon rails or guide wav. but not includina anv bicvcle or electric personal-assisted mobilitv device. 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 4, 2009 IC) OwnerNehicle Owner. The person or entitv identified by the Florida Department of Motor Vehicles. or other state vehicle registration office, as the registered owner of a vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six (6) months or more. 4d) Recorded lmaaes. lmaaes recorded bv a traffic-control sianal monitoring svstemldevi ce: [I) On two or more photographs: or two or more diaital imaaes; or diaital or video movies; or anv other medium that can displav a violation; and 42) Showina the rear of a motor vehicle, and on at least one image, clearlv identifyina the license plate number of the vehicle. [e) Red-Zone Infraction. A traffic offense wherebv a traffic-control signal monitorina svstem established that a vehicle entered an intersection controlled bv a dulv-erected traffic-control device at a time when the traffic-control signal for such vehicle’s direction of travel was emitting a steadv red signal. if) Special Maaistrafe. The Citv’s Code Enforcement Special Magistrate. as described in Chapter 2. Administration at Article IV, Code Enforcement of the Citv Code. L_a! Traffic lnfracfion Review Officer. The Citv Police Officer or otherwise qualified Citv Emplovee designated! pursuant to Sec. 70-1 39lb) herein, to review recorded images and issue red-zone infractions based upon those images. /h) Traffic-Control Sianal. A device exhibiting different colored lights or colored lighted arrows successivelv, one at a time, or in combination, using onlv the colors green, vellow. and red, which indicate and applv to drivers of motor vehicles as provided in Section 31 6.075. Florida Statutes. [I, Traffic-Control Signal Moniforina Svste m/Device. An electronic svstem consisting of one or more vehicle sensors. working in coniunction with a traffic-control sianal, still camera, and video recordina device, to capture and produce recorded imaaes of motor vehicles entering an intersection against a steadv red-light signal i ndi cat io n . Sec. 70-136. Adherence to Red-Liaht Tr affic-Con t rol Signals, Motor vehicle traffic facing a traffic-control signal’s steadv red-light indication shall stop before entering the crosswalk on the near side of an intersection. or if none, then before entering the intersection. and shall remain standina until a areen indication is shown on the traffic-control signal; however! the driver of a vehicle which is stoDped at a clearlv-marked stop line! or if none. before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersectina roadwav where the driver has a view of approaching traffic on the intersectina roadwav before entering 4 Ordinance 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 the intersection in obedience of a steadv red traffic-control sianal, mav make a right turn 4unless such turn is otherwise prohibited bv Posted sign or other traffic-control device) but shall vield the riaht-of-wav to pedestrians and other traffic proceeding as directed by the traffic-control signal at the intersection. Sec. 70-137. Violation, A violation of this article. known as a red-zone infraction, shall occur when a motor vehicle does not comPlv with the requirements of Sec. 70-136. Violations shall be enforced Pursuant to Secs. 70-1 39 - 70-149. Sec. 70-1 38. Ninetv-Dav Notice: Introductory Period. The Chief of Police shall notifv the Citv Manager when the red-light camera svstem is operatina correctlv at the initial location established. For the ninetv (90) davs following said notification, unless the driver of a vehicle received a citation from a Citv law enforcement officer at the time of a red-zone infraction in accordance with routine traffic-enforcement techniaues, the vehicle owner shall receive a warnina in the form of a courtesv notice of the violation. Commencina ninetv-one (91) davs after the above- referenced notification. the vehicle owner is subject to the enforcement provisions as provided herein, and no warnina shall be given Pursuant to this article. Sec. 70-1 39. Review of Recorded Imaaes, 4a) The owner of the vehicle that is observed bv recorded imaaes committing a red-zone infraction shall be issued a notice of violation (hereinafter also known as a “Notice”). The recorded imaae shall be sufficient grounds to issue a Notice. /b) The Citv’s Chief of Police shall desianate a Traffic Infraction Review Officer ITIRO), who shall either be an individual who meets the qualifications set forth in Section 316.640(5)(a), Florida Statutes, or shall be a Police Officer emploved bv the Citv. The TlRO shall review recorded imaaes prior to the issuance of a Notice to ensure the accuracv and intearitv of the recorded imaaes. Once the TlRO has verified the accuracv of the recorded imaaes, he or she shall complete a report, and a Notice shall be sent to the vehicle owner at the address on record with the Florida Department of Highwav Safetv and Motor Vehicles or the address on record with the appropriate aaencv havina such information in another state. Sec. 70-140. Notice of Violation, Notice of a red-zone infraction shall be served via certified mail. or otherwise as set forth in the applicable Provisions of Sec. 2-232 of the Citv Code. but shall also include: 4a) /b) The name and address of the vehicle owner; The license plate number and reaistration number of the vehicle; 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 4, 2009 4c) 4d) 4e) if) The make? model, and vear of the vehicle; Notice that the infraction charged is pursuant to this article; The location of the intersection where the infraction occurred; Notice that there are recorded imaaes relating to the vehicle and a statement that the recorded images are evidence of a red-zone infraction; la! Images depicting the infraction: and [h) A signed statement by the Traffic Infraction Review Officer that, based on inspection of recorded images, the vehicle was involved in and was utilized to commit a red-zone infraction, Sec. 7 0-141. V ehicle Owner Reseonsibilitie S. ... 4a) A vehicle owner receivina a Notice mav: 11) Pay the assessed civil penaltv Pursuant to the instructions on the Notice; - or - 42) File an Owner Affidavit of Non-Responsibilitv and a written request for a hearing with the Citv within twentv (20) days of the date listed on the Notice, in accordance with Secs. 70-142 and 70-143. 4b) Failure to pav the assessed civil Denaltv or failure to appear before the SDecial Maaistrate to contest the Notice will be considered an admission of liabilitv and in such case an order mav be entered against the violator for an amount up to the maximum civil Denaltv! plus anv administrative costs incurred bv the Citv. Sec. 70-142. H ear ina before the Sp ecial Maaistrate, [a) The Citv’s Code Enforcement Special Magistrate is authorized to hold hearings related to the enforcement of this article. A hearina shall be scheduled for all Notices for which the vehicle owner timelv requests an administrative hearing. [b) Upon recebt of the named violator’s request for an administrative hearing, the Citv shall schedule a hearing before the Special Magistrate Pursuant to Sec. 2-233 of the Citv Code. Notice of hearina shall be Drovided to the vehicle owner Dursuant to the applicable notice provisions contained in Article IV! Code Enforcement of ChaPter 2, Administration of the Citv Code bv the same means Drovided in Sec. 70-140: Notice of Violation above. 6 T“ 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 4, 2009 IC) The hearina shall be held pursuant to the DrOCedureS set forth in Article IV, Code Enforcement of Chapter 2, Administration of the Citv Code. The Traffic Infraction Review Officer mav testifv at the hearina. The vehicle owner mav present testimonv and evidence. Id) Recorded images indicating a red-zone infraction, verified bv the Traffic Infraction Review Officer. are admissible in anv proceedina before the Citv’s Special Magistrate to enforce the provisions of this article. and shall constitute prima facie evidence of the violation. le) Unless an affidavit is provided pursuant to Sec. 70-143: Vehicle Owner Affidavit of Non-Responsibilitv of the Citv Code, it is presumed that the person registered as the vehicle owner with the Florida Department of Motor Vehicles or anv other state vehicle registration office. or an individual having the owner’s consent, was operating the vehicle at the time of a red-zone infraction. Sec. 70-143. Vehicle Own er Affidavit of Non-Responsibilitv* la) An affidavit of non-responsibilitv is required of an owner given notice of a red-zone infraction in order for the vehicle owner to establish that the motor vehicle was, at the time of the red-zone infraction, either: (1 ) in the care, custodv, or control of another person without the consent of the registered owner; or /21 was subiect to a short-term (less than six (61 months) car rental agreement entered into between a car rental agencv. which is licensed as required bv applicable law and is authorized to conduct business in the State of Florida, and the operator of the vehicle. [b) The vehicle owner is required. within twentv (201 davs from the date listed on the Notice, to furnish to the Citv the affidavit of non-responsibilitv setting forth the specific circumstances demonstrating either: (1 1 that the motor vehicle was not in the vehicle owner’s care. custodv. or control, and was not in the care: custodv. or control of another person with the vehicle owner’s consent: or (2) that the motor vehicle was subject to a short-term (less than six months) rental agreement between the car rental agencv receivina the Notice and the vehicle operator and provide a true and correct copv of the short-term car rental agreement, as applicable. [c1 Additionallv, the affidavit of non-responsibilitv must be executed in the presence of a notarv, and include the following in support of the affidavit: 7 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 a la 2a 3a Ordinance 4, 2009 (1 ) If known to the vehicle owner! the name, address, and the driver’s license number of the person who had care. custodv, or control of the motor vehicle without the vehicle owner’s consent at the time of the alleged red- zone infraction: or 42) The name! address, and driver’s license number of the person who! at the time of the alleged red-zone infraction! rented the motor vehicle from the car rental agencv that has received the Notice; or 43) If the vehicle was stolen, the Dolice report indicating the vehicle was stolen at the time of the alleaed red-zone infraction; and 44) The followina lanauaae immediatelv above the signature line: “Under penalties of periury. I declare that I have read the foregoing affidavit, and the facts stated in it are true.” 4d) UDon timelv receipt of a sufficient affidavit pursuant to this section, anv prosecution of the Notice issued to the vehicle owner shall be terminated. Proceedings may be commenced bv the Citv against the responsible person identified in the affidavit, and in such event, the responsible person shall be subiect to the same process and procedures which are applicable to vehicle owners. Sec. 70-144. Administrative Charaes/Costs, In addition to the penaltv set forth in Sec. 70-147 herein, administrative charaeskosts mav be assessed pursuant to Article IV. Code Enforcement of Chapter 2, Administration of the Citv Code in the event of a hearina and/or the necessitv to institute collection procedures arises. Sec. 70-145. Collection of fi nes. Collection of fines shall be accomplished bv anv means allowed bv law. Sec. 70-146. ExceDtions, This article shall not aDplv to red-zone infractions involvina vehicle collisions 4unless no citation or charge is issued for a violation of a state statute related to said collision) or to anv authorized emeraencv vehicle responding to a bona fide emergency; nor shall a Notice be issued on anv dav where the operator of the vehicle was issued a traffic citation for violating the state statute regarding the failure to stop at a red liaht for the same event or incident. a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 4, 2009 Sec. 70-147. P enaltv, [a) A violation of this article shall be deemed a non-criminal. non-moving violation for which a civil Denaltv! as set forth in Article IV! Code Enforcement of Chapter 2: Administration of the Citv Code shall be assessed. As the violation relates to this article and not to the Florida Statut es! no points as otherwise provided in Section 322.27. Florida Statute s. shall be recorded on the drivina record of the vehicle owner or responsible partv. (b) Violation of this article. known as a “red-zone infraction”! shall be subject to the following penalties: (1) First and subsequent violations - a fine of One Hundred Twentv-Five Dollars 4$125.00). (2) Fine allocation - Four dollars ($4.00) of each fine collected bv the Citv shall be set aside for fundina of Police trainina/education programs. Sec. 70-148. Enforcement, This article mav be enforced bv anv means available to the Citv. Sec. 70-149. Sianaae, [a) The Citv shall. to the extent practicable, at the primarv motor vehicle entrv points to the Citv. cause to be erected and maintained sians which substantiallv meet the desian specifications indicated hereinbelow at sub-section (b)! which Drovide notice of this article. Failure to erect! maintain, or create these sians shall not invalidate or imDair anv enforcement of this article. {b) Sianaae shall use the followina! or similar! lanauaae written so that it may be readily observed from the adiacent roadwavs: NOTICE OF TRAFFIC MONITORING CERTAIN INTERSECTIONS WITHIN THE CITY ARE SUBJECT TO RED-LIGHT TRAFFIC SIGNAL OF VIOLATION MAY BE ISSUED TO VEHICLE OWNERS AND/OR OPERATORS FOR THE VIOLATION OF TRAFFIC SIGNALS. 3 Secs. 70-1 50.-70-155. Reserved, SECTION 3. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Y Ordinance 4, 2009 1 2 3 4 5 6 7 8 9 PASS ED this day of , 2009, upon first reading. 10 11 PASSED AND ADOPTED this day of , 2009, upon 12 second and final reading. 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. 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 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 BY: R. Max Lohman, Interim City Attorney FOR 47 G:\attorney-share\ORDINANCES\2009\Ordinance 4,2009-RedLightCamera.doc 10 AGAINST ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5,2009 Ordinance 5,2009 SubjecVAgenda Item: Ordinance 5, 2009 (first reading) amending the composition of the city’s advisory boards and committees, to revise the attendance policy and the appointment procedures. [XI Recommendation to APPROVE 11 Recommendation to DENY Submitted by: Patricia Snider, Department Director CdfMap/ager Originating Dept.: Ci Clerk Advertised: Date: Paper: [ x ] Not Required Affected partiis [ ]Notified [ ] Not required cI_ $- Current FY Funding Source: [ ]Operating i ]Mer Budget Acct.#: Council Action: [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Ordinance 5,2009 Meeting Date: February 5,2009 Ordinance 5, 2009 BACKGROUND: In an effort to improve the efficiency with which the boards and committees conduct City business, the City Council directed &to amend the composition, meeting frequency, attendance policies and appointment procedures for all appointed boards and committees. These amendments will improve the function, save time and reduce costs associated with the business conducted by the various boards and committees. STAFF RECOMMENDATION: Approval of Ordinance 5,2009 on first readiig amending Chapter 2, Administration Sections 1 through 18. ORDINANCE 5, 2009 1 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA AMENDING CHAPTER 2, 5 ADMINISTRATION AT ARTICLE III, BOARDS AND COMMITTEES 6 IN ORDER TO AMEND THE COMPOSITION OF THE CITY’S 7 BOARDS AND COMMITTEES AND TO REVISE THE ATTENDANCE 8 POLICY AND THE APPOINTMENT PROCEDURES FOR SAME; 9 PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-10 SECTION OF CHAPTER 2, ADMINISTRATION SHALL REMAIN THE 11 SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS 12 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO 13 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 14 PURPOSES. 15 16 17 WHEREAS, the City Council of the City of Palm Beach Gardens has become 18 aware of the need to amend the composition, meeting frequency, attendance policies, 19 and appointment procedures for all appointed boards and committees; and 20 21 WHEREAS, the City Staff has drafted certain amendments in order to improve 22 the efficiency with which the boards and committees conduct City business; and 23 24 WHEREAS, the City Staff believes that such amendments improve the function 25 of the boards and committees, save valuable time, and reduce the costs associated with 26 the business conducted by the various boards and committees; and 27 28 WHEREAS, Staff recommends that Chapter 2, Administration be amended to 29 accomplish this purpose; and 30 31 WHEREAS, the City Council deems approval of this Ordinance to be in the best 32 interests of the health, safety, and welfare of the residents and citizens of the City of 33 Palm Beach Gardens and the public at large. 34 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 37 OF PALM BEACH GARDENS, FLORIDA that: 38 39 SECTION 1. Chapter 2, Administration, Code of Ordinances of the City of Palm 40 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 41 Committees” by repealing and adopting Section 2-85, entitled “Announcement of 42 vacancies”, as revised, providing that this section shall hereafter read as follows: 43 44 45 46 47 Ordinance 5, 2009 Page 2 of 10 Sec. 2-85. Announcement of vacancies. 1 2 All vacancies in the membership of any appointive city board or committee shall be 3 announced by posting a notice of the same such vacancies at a public place in city hall, 4 by publishing a copy thereof in a newspaper of general circulation in the city, by posting 5 an announcement on the city website, or by such other method deemed appropriate by 6 the city, not less than five days prior to the date at which the no later than March 15th for 7 the April appointment hearing and no later than September 15th for the October 8 appointment hearing. city council may interview candidates to fill any such vacancies. 9 These appointment hearings shall normally be conducted twice per year, once in April 10 and once in October; however, the city council may conduct additional appointment 11 hearings if they determine that additional hearings are necessary and prudent. The city 12 clerk shall also furnish to any member, whose term is expiring, a notice of such 13 expiration and advise if the member is eligible for reappointment. 14 15 SECTION 2. Chapter 2, Administration, Code of Ordinances of the City of Palm 16 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 17 Committees” by repealing and adopting Section 2-86, entitled “Procedure for 18 appointment and filling vacancies; qualifications for membership of boards and 19 committees”, as revised, providing that this section shall hereafter read as follows: 20 21 Sec. 2-86. Procedure for appointment and filling vacancies; qualifications for 22 membership of boards and committees. 23 24 Except as otherwise provided in this code, appointments on to boards and committees 25 shall be made at a regular city council meeting in accordance with the following 26 procedures: 27 28 (1) Vacancies in the board or committee membership shall be automatically filled by 29 appointment of an alternate member by the city council of that board or 30 committee for the unexpired term of the member affected or until the semi-annual 31 appointments are made, whichever comes first. If two vacancies occur at the 32 same time, the second vacant seat shall be filled by the second alternate for the 33 unexpired term of the member affected or until the semi-annual appointments are 34 made, whichever comes first. If a board or committee has more than two (2) 35 vacancies the city council may appoint temporary members, as necessary, who 36 shall serve until the semi-annual appointments are made. The city clerk shall 37 notify the alternate(s) member(s) of his/her change in status to a regular member 38 in such cases. However, during calendar years 2009 and 2010 all boards and 39 committees shall be transitioning from seven (7) members to five (5) members 40 through normal attrition as the terms of regular members expire. Accordingly, 41 during 2009 and 2010 when a board or committee member’s term expires, they 42 shall not be eligible for consecutive reappointment. 43 44 45 46 Ordinance 5, 2009 Page 3 of 10 (2) The city clerk shall place on the council agenda the list of volunteers, including 1 current members who seek reappointment, with their attendance and voting 2 records. 3 4 (3) The city council may interview board and committee members who desire 5 reappointment and volunteers from the city clerk's list. 6 7 (4) The city council shall, in public session, select the person needed to fill such 8 vacancy. 9 10 SECTION 3. Chapter 2, Administration, Code of Ordinances of the City of Palm 11 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 12 Committees” by repealing and adopting Section 2-91, entitled “Alternates”, as revised, 13 providing that this section shall hereafter read as follows: 14 15 Sec. 2-91. Alternates. 16 17 (a) The city council shall designate a first alternate and a second alternate for each 18 board or committee. 19 20 (b) Alternates may participate in the discussion of matters coming before the board 21 or committee but may vote only when any regular member is absent from a scheduled 22 meeting not be seated at the dais or staff table, participate in the discussion as if a 23 sitting member of the board or committee, or vote, unless such alternate member is 24 seated in the place of a regular member who is absent. Nothing contained in this 25 section shall preclude a non-seated alternate member from participating in a public 26 hearing as a member of the public. 27 28 (c) At all meetings, the chairperson of the board shall note for the record any 29 member who is absent. 30 31 (d) In the absence of a regular member, the first alternate shall sit in the absent 32 member's place. In the absence of a second regular member, the second alternate 33 shall sit in that absent member's place. Alternate members are encouraged to attend all 34 meetings of their respective board or committee so that they might become more 35 familiar with its functions and procedures. 36 37 SECTION 4. Chapter 2, Administration, Code of Ordinances of the City of Palm 38 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 39 Committees” by repealing and adopting Section 2-92, entitled “Officers”, as revised, 40 providing that this section shall hereafter read as follows: 41 42 43 44 45 Ordinance 5, 2009 Page 4 of 10 Sec. 2-92. Officers. 1 2 (a) All boards and committees shall, at a meeting during the first quarter of the fiscal 3 year month of January, elect a chairperson and a vice-chairperson, and any other 4 officers as the board deems necessary. The chairperson shall preside at board 5 meetings and shall be the official spokesperson for the board. 6 7 (b) The vice-chairperson shall assume the duties of the chairperson in the absence 8 of the chairperson. At any meeting where the chairperson and the vice-chairperson are 9 absent, the board or committee shall appoint a chairperson pro tempore to assume the 10 duties of the chairperson. 11 12 SECTION 5. Chapter 2, Administration, Code of Ordinances of the City of Palm 13 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 14 Committees” by repealing and adopting Section 2-95, entitled “Quorum and required 15 vote”, as revised, providing that this section shall hereafter read as follows: 16 17 Sec. 2-95. Quorum and required vote. 18 19 (a) A quorum for the transaction of business shall consist of four members for 20 boards and committees with seven members. A quorum for the transaction of business 21 shall consist of three members for boards and committees with five members. A 22 quorum for the transaction of business shall consist of two members for boards and 23 committees with three members. 24 25 (b) The affirmative vote of a majority of those present shall be necessary to take 26 official action. If any motion fails to achieve the affirmative vote of a majority of those 27 present, then such petition or other matter shall be deemed denied motion shall fail; 28 except for a tie vote, in which case no action is taken. 29 30 SECTION 6. Chapter 2, Administration, Code of Ordinances of the City of Palm 31 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 32 Committees” by repealing and adopting Section 2-96, entitled “Removal of members”, 33 as revised, providing that this section shall hereafter read as follows: 34 35 Sec. 2-96. Removal of members and attendance policy. 36 37 (a) Except as otherwise provided by ordinance, any member who no longer resides 38 within the city during his/her term shall automatically cease to be a member of the board 39 and shall inform the city clerk's office. 40 41 (b) Any member of the planning, zoning, and appeals board who is absent from four 42 (4) consecutive regularly scheduled meetings or cumulatively more than 25 percent of 43 regularly scheduled meetings in a 12-month period held during any single fiscal year 44 shall be automatically removed as a member of the board. Any member of any other 45 board or committee who is absent from three (3) consecutive regularly scheduled 46 Ordinance 5, 2009 Page 5 of 10 meetings or more than 25 percent of regularly scheduled meetings in a 12-month period 1 held during any single fiscal year shall be automatically removed as a member of the 2 respective board or committee. Automatic removal of a member shall cause a vacancy 3 to exist in the membership of the particular board or committee. The city clerk shall 4 send written notice of such automatic removal to the affected member. 5 6 (c) All board and committee members shall serve at the pleasure of the city council 7 and may be removed without cause by a majority vote of the city council, unless 8 otherwise provided by the Charter or Florida Statutes. Absences for the following 9 reasons shall be considered excused and shall not be counted against the board or 10 committee member: complying with a subpoena in any court; documented 11 hospitalization of one’s self, spouse, child, sibling, or parent; and jury duty. 12 13 (d) All board and committee members shall serve at the pleasure of the city council 14 and may be removed without cause at any time by a majority vote of the city council, 15 unless otherwise provided by the Charter or Florida Statutes. 16 17 SECTION 7. Chapter 2, Administration, Code of Ordinances of the City of Palm 18 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 19 Committees”, Division 2, Art in Public Places Advisory Board by repealing and adopting 20 Section 2-108, entitled “Membership”, as revised, providing that this section shall 21 hereafter read as follows: 22 23 Sec. 2-108. Membership. 24 25 (a) The boards shall consist of seven five regular members and two alternates. 26 Initial appointment of members of to the board shall be for the following respective 27 terms: Four three regular members and one alternate for two years; Three two regular 28 members and one alternate for one year; thereafter, all appointments shall be for a term 29 of two years. 30 31 (b) Appointments shall be made by the city council based on experience and interest 32 in arts and cultural issues in the city and shall, whenever possible, include persons who 33 have professional expertise or substantial volunteer involvement in: 34 35 (1) Visual, performing, or literary arts. 36 37 (2) Architecture, design, or urban planning. 38 39 (3) Arts and cultural institution management. 40 41 (4) Education. 42 43 44 45 46 47 Ordinance 5, 2009 Page 6 of 10 SECTION 8. Chapter 2, Administration, Code of Ordinances of the City of Palm 1 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 2 Committees”, Division 2, Art in Public Places Advisory Board by repealing and adopting 3 Section 2-109, entitled “Meetings”, as revised, providing that this section shall hereafter 4 read as follows: 5 6 Sec. 2-109. Meetings. 7 8 (a) Meetings shall be at the call of the chairperson, provided the board shall convene 9 no less often than once every two months per quarter. 10 11 SECTION 9. Chapter 2, Administration, Code of Ordinances of the City of Palm 12 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 13 Committees”, Division 3, Community Aesthetics Board by repealing and adopting 14 Section 2-118, entitled “Membership”, as revised, providing that this section shall 15 hereafter read as follows: 16 17 Sec. 2-118. Membership. 18 19 (a) The board shall consist of seven five regular members and two alternates. Initial 20 appointment of members of the board shall be for the following respective terms: Four 21 three regular members and one alternate for two years; three two regular members and 22 one alternate for one year; thereafter, all appointments shall be for a term of two years. 23 24 (b) Appointments shall be made by the city council based on experience and interest 25 in improving community and neighborhood aesthetics and shall, whenever possible, 26 include members with a background in building construction, architecture, urban design, 27 horticulture, landscaping, and related fields. 28 29 SECTION 10. Chapter 2, Administration, Code of Ordinances of the City of Palm 30 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 31 Committees”, Division 3, Community Aesthetics Board by repealing and adopting 32 Section 2-119, entitled “Meetings”, as revised, providing that this section shall hereafter 33 read as follows: 34 35 Sec. 2-119. Meetings. 36 37 Meetings shall be at the call of the chairperson, provided the board shall convene no 38 less often than once every two months per quarter. 39 40 SECTION 11. Chapter 2, Administration, Code of Ordinances of the City of Palm 41 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 42 Committees”, Division 4, Economic Development Advisory Board by repealing and 43 adopting Section 2-128, entitled “Membership”, as revised, providing that this section 44 shall hereafter read as follows: 45 46 Ordinance 5, 2009 Page 7 of 10 Sec. 2-128. Membership. 1 2 (a) The board shall consist of seven five regular members and two alternates. Initial 3 appointment of members of the board shall be for the following respective terms: Four 4 three regular members and one alternate for two years; three two regular members and 5 one alternate for one year; thereafter, all appointments shall be for a term of two years. 6 7 (b) Members of the board shall own and/or operate a business within the city, and in 8 the event the business is not within the city limits, the board member’s primary 9 residency must be in the city. and need not be a resident of the city. 10 11 (c) Appointments shall be made by the city council based on experience and interest 12 and shall, whenever possible, include: 13 14 (1) A representative of the Business Development Board of Palm Beach County, Inc. 15 16 (2) A representative of the Northern Palm Beach County Chamber of Commerce, 17 Inc. 18 19 (3) A representative of the PGA Corridor Association, Inc. 20 21 (4) Representatives of private-sector, value- added businesses. 22 23 SECTION 12. Chapter 2, Administration of the Code of Ordinances of the City of 24 Palm Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 25 Committees”, Division 5, Parks and Recreation Advisory Board by repealing and 26 adopting Section 2-138, entitled “Membership”, as revised, providing that this section 27 shall hereafter read as follows: 28 29 Sec. 2-138. Membership. 30 31 (a) The board shall consist of seven five regular members and two alternates. Initial 32 appointment of members of the board shall be for the following respective terms: Four 33 three regular members and one alternate for two years; three two regular members and 34 one alternate for one year; thereafter, all appointments shall be for a term of two years. 35 36 (b) Appointments shall be made by the city council based on experience and interest 37 and shall, whenever possible, include: 38 39 (1) A participant in senior-targeted activities. 40 41 (2) A tennis center participant. 42 43 (3) A golf course participant. 44 45 (4) A recreational programming participant. 46 Ordinance 5, 2009 Page 8 of 10 (5) An aquatics programming participant. 1 2 (6) An adult sports programming participant. 3 4 (7) An arts and cultural advocate. 5 6 (8) A special population advocate. 7 8 (9) A volunteer from the PBG Youth Athletic Association. 9 10 SECTION 13. Chapter 2, Administration, Code of Ordinances of the City of Palm 11 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 12 Committees”, Division 5, Parks and Recreation Advisory Board by repealing and 13 adopting Section 2-139, entitled “Meetings”, as revised, providing that this section shall 14 hereafter read as follows: 15 16 Sec. 2-139. Meetings. 17 18 (a) Meetings shall be at the call of the chair, provided the board shall convene no 19 less often than eight times per year once per quarter. 20 21 SECTION 14. Chapter 2, Administration, Code of Ordinances of the City of Palm 22 Beach Gardens, Florida is hereby amended at Article III, entitled “Boards and 23 Committees”, Division 6, Planning, Zoning, and Appeals Board by repealing and 24 adopting Section 2-148, entitled “Membership”, as revised, providing that this section 25 shall hereafter read as follows: 26 27 Sec. 2-148. Membership. 28 29 (a) The board shall consist of seven five regular members and two alternates. 30 Additionally, there shall be a representative of the school district appointed by the 31 school board as a nonvoting member. Initial appointment of members of the board shall 32 be for the following respective terms: Four three regular members and one alternate for 33 two years; three two regular members and one alternate for one year; thereafter, all 34 appointments shall be for a term of two years. 35 36 (b) Members of the board shall be residents of the City of Palm Beach Gardens and 37 shall be chosen from the following professions as outlined below: 38 39 (1) At least one of each of the following disciplines: 40 41 Architects; 42 Landscape architects; 43 Planners; 44 Engineers; 45 Division 1 (general, building, or residential) contractors. 46 Ordinance 5, 2009 Page 9 of 10 (2) At least one of the following disciplines: 1 2 Attorneys; 3 Engineers; 4 Real estate professionals; 5 Environmental professionals; 6 Landscape architects; 7 Planners; 8 Division 2 (MEP) contractors; 9 Land surveyors. 10 11 (3) At least one of the following: 12 13 One resident at large. 14 15 (4) When necessary, alternate members should be seated to the greatest extent 16 possible, based on the need for any particular discipline. 17 18 SECTION 15. All ordinances or parts of ordinances in conflict be and the same 19 are hereby repealed. 20 21 SECTION 16. Should any section or provision of this Ordinance or any portion 22 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 23 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 24 25 SECTION 17. Specific authority is hereby given to codify this Ordinance. 26 27 SECTION 18. This Ordinance shall become effective immediately upon 28 adoption. 29 30 31 (The remainder of this page intentionally left blank) 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 5, 2009 Page 10 of 10 PASSED this _____day of _____________, 2009, upon first reading. 1 2 PASSED AND ADOPTED this _____day of _____________, 2009, upon second 3 and final reading. 4 5 6 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 7 8 BY:_______________________________ _______ ________ ________ 9 Eric Jablin, Mayor 10 11 ______________________________ __ _______ ________ ________ 12 David Levy, Vice Mayor 13 14 ______________________________ __ _______ ________ ________ 15 Joseph R. Russo, Councilmember 16 17 _______________________________ _______ ________ ________ 18 Jody Barnett, Councilmember 19 20 _______________________________ _______ ________ ________ 21 Robert G. Premuroso, Councilmember 22 23 24 ATTEST: 25 26 27 BY: _______________________________ 28 Patricia Snider, CMC, City Clerk 29 30 31 APPROVED AS TO FORM AND 32 LEGAL SUFFICIENCY 33 34 35 BY: _______________________________ 36 R. Max Lohman, Interim City Attorney 37 38 ____ 39 40 41 42 43 44 45 46 G:\attorney_share\ORDINANCES\2009\Ordinance 5, 2009-Amending Boards & Commissions.doc 47 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum City Mahger c Meeting Date: February 5,2009 Petition: LDRA-08-03-000018 Ordinance 11,2009 Budget A&# Subject/Agenda Item: Ordinance 11,2009 / LDRA-08-05-000015: Code Amendment to Section 78-159, Table 21, Amending Chart of Permitted Uses. Public Hearing & Recommendation to City Council: A request by Johnston Group Land Development Consultants, Inc., on behalfofRiverside Drive Investors, Lu: (“Applicant”), the owner of property in the MI-A “Light Industrial District” within the City of Palm Beach Gardens, to amend the City’s Land Development Regulations (“LDRs”) in order to allow Instructional Studios and Professional Studios as Minor Conditional Uses in the M-1A Light Industrial District. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY -74- City Attorney R.MaxLolm$iEK Development Compliance Bahh Keshavarz-Wolfs, AICP NA Kara Irwq AIC I Originatinghpt.: KaraL. In& GMA [ ] Quasi-Judicial [ X ] Legislative [ IPublicHearing Advertised: Date: Seniar Accountant: TreshaThonaas Feespaid: [ ]Yes City Council Action: MIA] App. w/ conditions MIA] Denied [ ]Rec.approval [ ] Rec. app. w/ con&. [ ]Rec.Denial m/A] Continued to: WAI Approved Attachments: Applicant’sNarrativt Applicant’sLttterto revise request IndustrialDistrict Regulations 0 Table21 0 ordinance 11,2009 Meeting Date: February 5,2009 Petition: LDRA-08-03-000018 ordinallee 11,2009 Page 2 of 5 BACKGROUND The Applicant is requesting an amendment to the Land Development Remons ORs), swdy to the chart of permitted uses in Section 78-159, to allow Instructional Studios and Professional Studios as permitted uses in the M-1A Light Industrial District. The Applicant is requesting to add “Instructional Studio” and “Professional Studio” as permitted uses within the M-IA zoning district in order to accommodate prospective tenants for their sites in Palm Beach Gardens. PROPOSED CITY CODE AMENDMENT: Instructional Studio and Professional Studio Uses The Applicant is requesting approval to add “Instructional Studio” and “Professional Studio” as permitted uses within the M-1A zoning district. Staff is agreeable to the addition of the uses to the M-1 A zoning district, but recommends that the uses be categorized as minor conditional uses in order to allow staff the ability to evaluate the impacts of the additional uses on the zoning district. Staff recommends approval of a text amendment in which Section 78-159 is amended to state the following: (Deletions are &R&, new language is underlined): Section 78-159, Table 31: Permitted, Conditional and Prohibited Use Chart ******* Section 78-159. Permitted uses, minor and major conditional uses, and prohibited uses. (i) Additional stun&&. The following standards apply to specific uses as indicated in the “Note” column of Table 21. ******* Meeting Date: February 5,2009 Petition: LDRA-0843-000018 ordinance 11,2009 Page 3 of 5 (44.1) Studio. Instructional. A commercial establishment Providing training or instruction for compensation in martial arts. exercise. gymn astics. and related activities shall be allowed within the Light Industrial District (M-1A) as a minor conditional use. Such instructional studios shall complv with the criteria listed below: a. All studio activity shall be located indoors. b. Bicycle parking. Growth Management staff may require bicycle racks or similar equipment as required by the use, c. Hours of Operation. Growth Management staff shall have the abilitv to limit hours of operation to 7:OO a.m. to 1O:OO P.m. when the proposed use is located adjacent to a residential zoning districts in order to minimize impacts on adjacent residential zoning districts and uses. d. At least 80 percent of the occupancy. excluding common areas (bathrooms. hallways, etc.) shall be used for instructional area. e. Such use shall Dermit competition provided that noncurrent parking weements that provide for adequate parking facilities are in force and effect. f Tr&c impacts. Growth Management staff shall have the ability to request information regarding the tr&c impacts and require conditions to mitigate the impacts of such impacts. (44.2) Studio, Professional. An establishment used in the practice of artistic pursuits. including instruction for fine arts. music. photographv, painting. sculpture. drama. speech. and dance shall be allowed within the Light Industrial District IM-1A) as a minor conditional use. Such Professional studios shall comply with the criteria listed below: a. All studio activity shall be located indoors. b. Bicycle parking. Growth Management staff may reauire bicycle racks or similar equbment as required by the use. c. Hours of Operation. Growth Mmement staff shall have the ability to limit hours of operation to 7:OO a.m. to 1O:OO p.m. when the proposed use is located ad-iacent to a residential zoning districts in order to minimize impacts on adjacent residential zoning districts and uses. d. At least 80 percent of the occupancy. excluding; common areas [bathrooms. hallways, etc.) shall be used for instructional area. e. Such use shall permit comDetition provided that noncurrent parking agreements that provide for adeaua te ~arkina facilities are in force and effect. f TrafEcimpacts. GrowthManag ement staff shall have the ability to reauest information regarding the traffic impacts and require conditions to mitigate the impacts of such impacts. ******* Staff Analvsis The two proposed uses are currently permitted within the City's commercial zoning districts (CG-1 and CG-2). The Professional Studio use is also permitted within the Professional Office (PO) and Public & Institutional (P&I) zoning districts within the City. Currently, these uses can bction within the commercial zoning district as permitted uses with minimal impacts and do not require any standard conditions of approval or impacts to mitigate. The proposed uses can also be appropriate and compatible within the M-1 A zoning district, which have similar parking demands as a majority of the permitted uses already within the M-1A zoning district. Staff agrees with the Applicant's statements regarding the appropriateness of the industrial structures for uses as opposed to the restrictiveness of the typical commercial bays. While these uses can bction within the commercial district, facilities within the M-ZA zoning district would provide more flexibility. In order to support the uses within the district, staff proposes notations as part of the minor conditional use approval process to allow staff to have the ability to address any potential negative effects of the proposed uses and their unknown impacts within the M-1A zoning district. CONSISTENCY WITH EXISTING GOALS, OBJECTIVES AND POLICIES WIT" THE CITY'S COMPREHENSIVE PLAN The proposed LDR text amendment permits Studio, Instructional and Professional as minor conditional uses within the M-1A zoning district, which is consistent with the Goals, Objectives, and Policies of the City's adopted Comprehensive Plan. An example of some of the goals, objectives and policies that are consistent with and furthered by the proposed amendment, are listed below. Economic Development Element Policy 13.1.5.1.: The City shall encourage balance and growth in retail trade and services by continuing to support existing regional retail services while implementing planned growth patterns to foster neighborhood-based services to serve local needs. Staff Analysis of Consistency with Comprehensive Plan: As noted in the staff analysis, the code amendment creates opportunities to support existing and fbture services that may in turn foster new markets for neighborhood-based service. The text amendment is specifically addressing the opportunity to serve a local need for art and physical activities. Overall, the applicant's request is consistent with the character and composition of the M-1 A zoning Meeting Date: February 5,2009 Petition: LDRA-OS-03-000018 Ordinance 11,2009 Page 4 of 5 Meeting Date: February 5,2009 Petition: LDRA-08-03-000018 Ordinance 11,2009 Page 5 of 5 district and staffcan support the text amendment with the conditional use limitations. PLANNING, ZONING AND APPEALS BOARD At its meeting on December 9,2008, the Planning, Zoning, and Appeals Board (Board) held a public hearing to review the subject ordinance. The Board voted 7-0 to recommend approval of the subject ordinance. STAFF RECOMMENDATION StafFrecommends APPROVAL of Ordinance 1 1 , 2009, which provides for Studio, Professional and Instructional uses within the M- 1 A zoning district. J HNSTON GROUP Ld 1 :: :I, : ‘.‘l~ 1’- I JUSTIFICATION FOR LDR TEXT AMENDMENT USES WITHIN THE M-IA LIGHT INDUSTRIAL DISTRICT: Ancillary Retail Component of Uses Already Permitted; Studio, Instructional; and Studio, Professional Revised September 10,2008 REQUESTS Johnston Group Land Development Consultants, Inc., on behalf of Riverside Drive Investors, LLC (“Applicant”), owner of industrially-zoned property within the City of Palm Beach Gardens, hereby respectfully requests an amendment to the City‘s Land Development Regulations (“LDRs”) to provide for (I) uses that are already allowed within the City’s M-iA tight Industrial District to be permitted to offer the sale of items to the general public so long as such sale is clearly subordinate and customarily associated with the principal use; and (2) Instructional Studios and Professional Studios to be considered Minor Conditional Uses in the M-iA Light Industrial District (“District”). ANC-T OF PFRMllTED USE M-tA The following is a list of the permitted and conditional uses of t.e District as esta,,.,hec in the City LDRs. As a reference for a subsequent section of this narrativeljustification, uses that by their very nature would contain a retail component, whether as the principal use or a use that is ancillary to, yet customarily associated with, the principal use have been identified in bold Italics. Auto Rtpalr, General Auto Servke Statlon and Minor Repalrr Bcrrbtr/Beauty Supplks and Equlpment Sales Bicycle Sales and Repair Farm Equipment and Sales Feedstore hndscape, Nursery, and Garden Supplies Lumber Yard and Building Materkrls Machinery, Tools, and Construction Equipment Sales and Service Medical and Denbl Supply Sales Motorcycle Safes and Sdce Pet Grooming Shop Restarant, General Animal Boarding Kennel (Conditional Use) AutolTruck Body Repalr Shop Pafnthg and Decorating Contractor Picture Framing Prlnt Shop Lam, Mower Sales and Repalr Serf Service Storage Office, Professional and Business Vetdnary ofpce and Clink (Condltlonal - -e) College or Unberdty, Public or Private Post Office (Conditional Use) Chu~hcr and Places of Worshlp (Conditional Use) Post Oflce, Accessory Satellite College or University (Conditional Use) Schools, Public and Private (Conditional Use) Golf Course, Public or Private (Condltlonal Use) Park, Public Building Supply, Wholesale LDR Amendment Justification September io, 2008 Page 2 of 5 Automatlc/Self-Serve Car Wash -=cpak Businsss,nadeclndvocatlonalkhools Cold Storage Fdllty Data Processing Service Day Care, Child and Adult (Conditional Use) Dry Cleanfng Electronic Repair Express or Parcel Delivery Dlrtrlbutlon Center Housekeeping and Janitorial Services Laboratory, General Laboratory, Dental or Medical Contractor‘s Storage Yard Laundry, Linen Supply and Cleaning Service Locknnith Machine Shop Motion Picture Studio Accessory Uses Satellite Dishes, Accessory Thllkn, sales FlOriSt Food Products, Wholesak Stor% and scdes Wholesak and Wachousfn& General Furniture Manufacturing, Repair and Restoration Laboratory, Research and Development Orthopedic Brace Manufacturing and Repair Printing and Publfshfng Sporting Goods Manufacturing Tool Manufacturing Toy Manufacturing Well drilling Company Automobile, RV, and Boat Storage, Commercial (Conditional Use) Freight Depot Utility Plant and Major Substatlons (Conditional Use) Utilities, Minor Wireless Tele-communication Facilities Mobile Home, Temporary (Conditional Use) Trailers, Construction Uses As evidenced by the uses listed above in bold text, the City’s LDRs currently allow for uses within the District that contain a retail component. However, the classification of certain uses listed above, as established in the City’s LDRs, does not specially identify that such use may offer the sale of items to the general public, when in fact such use customarily contains an ancillary retail component. For example, a “Pet Grooming Shop” or a ‘Veterinary Office or Clinic” would customarily offer the sale of accessories for pets to Its patrons; a “Calf Course” would generally contain a pro shop that offered the sale of golf equipment and accessories to its patrons; a “Picture Framing” establishment would generally offer the sale of picture frames to its patrons; an “Automobile Repair” establishment may offer the sale of auto accessories to their patrons; a building materials “Wholesaling” business may offer the sale of certain merchandise -related to its wholesale bum to the public as a supplementary component of their primary wholesaling business; a “Self Service Storage” business may offer the sale of boxes, tape, padlocks and associated items, and so on. Due to the fact that (I) certain uses In the district do not specifically identify the ancillary retail component of such uses; and (2) there is not a specific provision in the LDRs to allow for such retail uses that are subordinate to and customarily assoclated with a principal use permitted within the District, it has been the City’s position in the past that certain retali uses that are ancillary to a permitted use within the District are not allowed. Based on the information contained in the preceding paragraph, the Applicant is requesting an amendment to the City’s LDRs to indude specific language that will allow for uses already permitted in the District to offer the sale of items to the general public so long as such sale is sub ordinate to the principal use. The Applicant understands that the City may not desire to open the door for uses within the district to contain a retail component that would create a substantial draw of patrons to the site above and beyond that which would customarily visit the light industrial use(s) on-site. Accordingly, LDR Amendment Justification September io, 2008 Page 3 of 5 the applicant is proposing the following language that strictly limits the scope of the ancillary retail component, yet allows light industrial uses to offer the sale of items to general public as an ancillary and customary component of their business: Sec 78-151. M-iA-Light industrial district. (a) Composition and intent. The M-iA light industrial district is composed of land and structures suitable for light manufacturing, wholesaling, and similar uses. These districts shall have convenient access to present and future arterial roadways, highways, and railway lines. These districts are usually separated from residential areas by business districts or by natural barriers. The district should be buffered from adjacent residential and nonresidential uses through the use of opaque walls, landscaping, berms, or any combination of such techniques. (b) Permitted uses. Permitted uses are described in the chart in Table 21. Wd in the ict mav 0-e of items to the general public so lone as such sale IS dmdy subordnatg .. lar and consistentlv recu rring draw of a rep- to the proiect site that is outside of the .. sale that would not otherwise exist for the gumpal use. inch-y area -zed bv employees floor area of the buildme or croups of buildinsrs occupied by such use. The City‘s Growth ment Administrator may request dernonstration of same Drior to the issuance or renewal of (c) Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12. (d) District setbacks. The minimum setback for principal and accessory structures abutting a residential district shall be 75 feet. Sec. 78-151. M-iA-tight industrial district. .. co o no .. .. .. e for the mal use, The Applicant is the owner of property within the City that is zoned M-iA and contains approximately 100,ooo square feet of vacant space. When entertaining prospective tenants, the Applicant has found that several business that would currently be permitted with the District customarily have a small component of their business that involves the sale of items to the general public. It is not the intent of the Applicant to change the composition or character of the District with the proposed amendment. It is merely the Applicant‘s intention to have the ability to inform prospective tenants that the customary sale of retail items as an ancillary component of their business is permitted within the District, subject to certain restrictions. The proposed text amendment provides for same while providing the City the assurance that businesses will not abuse the allowance by establishing a retail use that is neither customarily associated with the principal use nor consistent within the character of the District. It should be noted that the proposed text is either consistent with or more restrictive than certain other municipalities in the area in terms of the percentage of ancillary retail allowed as evidenced below: I. Palm Beach County: The Palm Beach County Unified Land Development Code (“ULDC”) states that “Accessory uses and structures shall not exceed 30 percent of the CFA and or business receipts of the principal use or uses, whichever is more restrictive. It should also be noted that LDR Amendment Justiication September io, 2008 Page 4 of 5 the ULDC also states that (1) the retail sale of building supplies (as an example) is permitted only as an accessory use in an Industrial Zoning District (demonstrating that the County allows ancillary retail in it’s industrial District); and (2) the retail sales of building materials (lumber and allled products) may be conducted in a wholesale establishment but must be clearly accessory to the primary use. 2. Town of JuDW: As a policy set forth in February of 2000, the Town of Jupiter allows up to 20% of the floor area of a particular use in its Industrial Districts to be allocated to accessory retail sales so long as such retail sale in clearly subordinate and incidental to the industrial use. Given the fact that the LDRs currently do not provide for accessory retail uses In the District, the City and its businesqproperty owners are at a disadvantage when it comes to attracting certain light industrial uses, such as a tile wholesaling business, that would customarily contain a retail component that is ancillary and customarily associated with the principal use. Yet, such a use would be a perfect fit within the District if It were permitted in its entirety. The proposed Code language will bring the City and its property owners more in line with the current market demands for certain uses without compromising the intent of the Dlstrict. The proposed amendment Is well supported and will be a benefit to the City and its residents. ~SlR~CnONALsTLJDlOS AND PROFESSIONAL STUDIQS The LDRs define an “Instructional Studio” as “a commercial establishment providing training or Instruction for compensation in marital arts, exercise, gymnastics, and related activities,” and define a “Professional Studio” as “an establishment used In the practice of artistic pursuits, including instruction, for fine arts, music, photography, painting, sculpture, drama, speech, and dance.” Currently, Instructional Studios and Professional Studios (collectively “Studios”) are neither permitted nor conditionally permitted in the District. Rather lnstructlonal Studios are only permitted In the General Commercial (CGi) and the Intensive Commercial (CC2) districts; and Professional Studios are only permitted in the General Commercial (CGi), Intensive Commercial (CG2), Professional Office (PO) and Publicllnstitutional districts. As previously stated, the Applicant is currently performing renovations to two sites within the District comprising almost 100,ooo square feet of industrial/offlce space that will be available for lease to indlvidual tenants. The Applicant has recently been approached by multiple prospective tenants that fit the description of either an Instructional Studio or a Professional Studio but has had to turn them away since said uses are not currently permitted in the District. As reflected on the map found on the following page, the City‘s Mi-A District is generally bounded by Burns Road to the north, the Thompson River to the south and west, and the FEC Tracks to the east, in the “heart” of the City. Existing uses within the approximately 22 parcels that comprise the District include but are not limited to office, light industrial, retail, personal service, medical office, and schools. The District is not comprised of heavy industrial uses that would be incompatible to uses that fit the description of Professional and/or Instructional Studios. In fact, the existing fabric of the District which is generally comprised of older, industrial-type structures lends itself to Studios since such uses (I) may not find it feasible to locate within commercial centers which are generally higher in cost on a per- LDR Amendment Justification September io, 2008 Page 5 of 5 square-foot basis than light industrial sites; and (2) often require large interior spaces typically found in the District’s industrial buildings. Further, the District is located within close proximity to residential areas within the City which could be well served by Studios located within the District. 3 c It k for the reasons outlined in the preceding paragraph that the Applicant k proposing an amendment to the LORs to allow for Professional Studios and lmtructional Studios to be considered permitted uses In the MI-A zoning district. Studio uses are consistent with and will be a compliment to the other uses in the District and will not alter the character thereof. In summary, the Applicant is working diligently to secure tenants to occupy nearly 100,ooo square feet of space in the City and feels that the aforementioned amendments to the text of the City‘s LOB are critical to the success of its projects. The proposed amendments will have a positive effect on the properties within and adjacent to the District and will encourage businesses to locate to the City that may not otherwise do so given the existing limitations in the City’s Code with respect to uses in the District. JOHNSTON GROUP . -. Land Development Consultants, Inc. November 25,2008 Ms. bra Irwin Growth Management Admlnlstrator Clty of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Petition LDRA-Qg05-000025: Follow up to November U, 2008 Meeting Dear Ms. Irwin: This letter is a follow up to the meeting held with you and the City Attorney, Mr. Max Lohman, on November 13,2008 to discuss the above-referenced petition ("Petition"). We, on behalf of RivenMe Drive Investors, UC ("Applicanl?), want to thank you both for taking the time to meet with us to discuss staff's interpretation of the Cltfs Land Development Regulatlons with respect to accessory uses permitted in the Research and Ught Industrial (M-LA) District ("District"). It is our understanding based on Staffs input during the meeting and the items contained in the Staff Report for the Petition dated October 22, 2008, that the existing language in the UIRs allows for the following withln the District: 1. Accessory retail sales so long as they aw customary and incidental to and support the ' principal use and are not prohibited by the definition of the principal use, such as in the case of the Whdesde und ~rehoudflg' general use that requires sales directly to retailers for resale to consumers. 2. Retail sales of building supplies that fit the definition of Lumber yunl und bullding motedols (defined as "an establishment engaged in the sale of construction and home improvement materials, induding tools, fasteners, plumbing supplies, electrical supplies, kitchen and bathroom fixtures, lighting supplies, garden supplies, paint, glass, wall paper, floor coverings, and related Items"). Given StafPs confirmation of the above and understanding Staff% position that a blanket allowance of accessory retall sales within a wholesale use could allow uses within the M-lA zoning district that don't necessarily meet the definition of accessory uses established in the LDRs, the Applicant hereby withdrawals the component of the Petition related to accessory retail uses. With regard to the component of the Petition related to Professional and Instructional Studios, the Appllcant has reviewed the additional standards for such uses proposed by Stgff and 601 Heritage Drive, Suite 127 - Jupiter, FL 33458 - 561.691.4552 p - 561.691.4553 f hf&;ohnstongroupinc.com * wwulr.johnstongroupinc.com Mt. Kan lwln Novamber25, #w#l PW2of3 proposes the following modifications thereto (language to be added is ynclerl he& language to be deleted is 1: (44.1) Studio, Instructional. A commercial establishment providing training or instruction for compensation in martial arts, exercise, gymnastics, and related activities shall be allowed within the Light Industrial District (M-lA) as a minor conditional use. Such instructional Studbs shall comply wlth the crlteria listed below: ADDkmt's tM mene Any accessory retailsales would be required to meet the City's definition of accessory uses as noted in the Staff Report and in Item #l above. Therefore, this standard should not be required. f. All studio activity shall be located indoors. Bicycle parking. Growth Management staff may require bicycle racks or similar equipment as required by the use. Hours of Operation. Growth Management staff shall have the ability to limit hours of operation to 7:00am to lOO(km when the Drooosed use is located residential zoning districts and uses. At least 80 percent of the occupancy, pccludina common ar eas (bat hroom hallHLgys. etcl shall be used for instructional area. Such use shall permit competition provided that nonmument parking agreements that provide for adequate parking facilities are In force and effect. Traffic Impacts. Growth Management staff shall have the ability to request information regarding the traffic Impacts and require conditions to mitigate the impacts of such impacts. adlacent to resident la1 districts in ordec to minimize impacts on adjacent (44.2) Studio, Professional. An establishment used in the practice of artlstlc pursuits, including instruction for fine arts, music, photography, paintlng sculpture, drama, speech, and dance shall be allowed within the Light Industrial District (M-lA) as a minor conditional use. Such professional studios shall comply with the criteria listed below: Amlicvnt3 cow . Same comment as noted under Studio, Instructional. All studio activity shall be located indoors. Bicycle parking. Growth Management staff may require blcycle racks or simllar equipment as required by the use. Hours df Operation. Growth Management staff shall have the ability to limit hours of operation $0 7:00am to 1 0:OODm wh en the D~OD osed use is loca ted &gent to resid entia1 districts In order to minimize impacts on adjacent residential zoning districts and uses. Ms. Kara lrwln November 25,2008 Page 3 of 3 e& At least 80 percent of the occupancy, excludlna wmmon areas lbathro OIl& jiallwavs. etc .I shall be used for the Drincioal commnent of the use 4#swwed afea. is. Such use shall permit competition provided that nonscurrent parking agreements that provide for adequate parking facilities are in force and effect. g f. Traffic impacts. Growth Management staff shall have the ability to request information regarding the traffic impacts and require conditions to mitigate the impacts of such impacts. Again, we appreciate the City's efforts in providing the Applicant a clear understanding of the City's position on accessory uses within the District. Should you have any issues or concerns with the Items contained in this letter, It would be appreciated if you could contact our office to discuss. Regards, WH Michael nchez Senior Project Manager c Rivwslde Drive Investors, UC ARTICLFi IV. ZONING DISTRICTS City of Palm Beach Gardens Sec. 78-150. M-1-Research and light industrial park district. (a) Cqim cmdjntmt The M-1 research and light industrial pa& district is composed of land and structures suitable for light manufiictuiing, research and educational facilities, wholesaling, and similar uses, developed in a planned park-like development, and compatible with adjacent residential and nonresidential uses. (b) Permitteduses. Pemitted uses are described in the chart in Table 21. (c) Prqperty akvebpntregukticms. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12. (d) DisMct bourmkary setW. The minimum setback for principal and accessory structures abutting a residential district shall be 75 feet. (e) General requirements. Retail sales and consumer service establishments am allowed 88 accessory uses to any permitted or conditional use. However, the commdal uses shall not OCCUPY more than five percent of the gross floor area of all buildings on any lot or group of contiguous lots in common ownership or approved as part of one development order approval. (Ord. NO. 17-2000,§ 84,7-20-00) Sec. 78-151. M-1 A-Light industrial district. (a) Compmiiiorz and intent. The M-1A light industrial district is composed of land and structures suitable for light mandactwhg, whdesaling, and similaruses. These dietricts shall have Convenient access to present and fbture arterial roadways, highways, and railway lines. These districts are usually separated hm residential ams by business districts or by natural barriers. The district should be buffered from adjacent residential and nonresidential uses through the use of opaque walIs, landscaping, benns, or any combination of such techniques. (b) Pennitteduses Permitted uses are described in the chart in Table 21. (c) Proper@ dmkpment rephtiom. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12. (d) DisMct setbacks. The minimum sed>ack far principal and accessory structures abutting a residential district shall be 75 feet. (Ord. NO. 17-2000,§ 85,7-20-00) Sec. 78-152. M-2-Heavy industrial district. (a) Compdtion andintent The M-2 heavy industrid district is composed of land and st~ctures occupied by or suitable for heavy manufaduring and related activities. Located for convenient access to present and &tun? arterial roadways and railway lines, these districts are usually separated from residential areas by business districts or natural barriers. The district &add be buffered from adjacent residential and nonresidential uses through the use of opaque walls, landscaping, berms, or any combination of such techniques. (b) Permitted uses. Permitted uses are described in the chart in Table 21. (c) prqperly dkhpment reguZuticms. Property development regulations, including building site area and width, lot coverage, required setbacks, h&ght limits, etc., are provided in Table 12. (d) District setkch. The minimum setback for principal and accessory structures abutting a residential disttict shall be 75 feet. (Ord. NO. 17-2000,§ 86,7-20-00) http://library 1 .rnunicode.com/default/DocView/12841/1/140/1~ 10/24/2008 P PALM BEACH GARDENS CODE l'lrble 21: Permitted, Conditional, and F'rohibited Use Chart P = Permitted Use C=MinorConditional Use C*=MqjorCond&ionalUse Supp. No. 17 CD78:116 c 0 Supp. No. 22 CD78:117 \, 0 78169 PALM BEACH GABDENS CODE Supp. No. 22 CD78118 3 0 LAND D~LOPMENT REGULATION8 Supp. No. 22 CD78118.1 c C C Supp. No. 21 CD78:119 0 78-169 PALM BEACH GARDENS CODE Supp. No. 21 'I CD78:120 G 0 6 78-159 1 8upp. Na 17, Rex CD78:121 3 Supp. No. 17. b. CD78:122 0 G LAND DEVBLOPMENT REGULATIONS 0 Supp. No. 17, Rev. CD78:122.1 C Sum. No. 17 CD78:123 0 78-159 PALM BEACH GARDENS CODE a. b. C. d. 0. f. g. h. Supp. No. 11 Only ImiW reddents dthe mRaillng unit llhall be engaged in the occupation. The ume ofthe premises fix the home occupation rrhall be clearly incidental and subordinate to its wci finr dentid purposea by ite occupants. The use shall not change the reuidential charactee of the premisee. There shall be M change in the outaide appegnnce of the building or premi~~, or der visible eviha ctfthe collcluet ofthe home occupation. Hme aecaptiou ohall not be ducted in any amemmy building or otructure, or any open porch or carport which k attached to and part dthe principd atruck.lra Hmas oecupatian &all not occupy mom than 16 percent of the floor area dthe dwelling unit, duding any open poreh, attached garage, or .imilnr mace not suited or intended far occupanqr an living quarters. ZWEc shall not be IIaMpated by tbe home occupation in greater dwes than wodd normally be erpectsd in e reaidential neighborhood. Vehicle parking ahall be located on the same lot w premiae am the home -Ph Equipment or procease% which cmate noise, vibration, glare, fumes, odors, or electrical interfkuca detectable to the normal 88n88g at any lot line shall not be used in a hme occupation. In addition, equipment or processes ahall not be used CD78:124 0 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 1. Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 78-159, entitled “Permitted uses, minor and major conditional uses, and prohibited uses” and readopting same, as revised, providing that this section shall hereafter read as follows: ORDINANCE 11,2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78, LAND USES, MINOR, AND MAJOR CONDITIONAL USES, AND PROHIBITED USES” IN ORDER TO PROVIDE FOR STUDIO USES INDUSTRIAL DISTRICT; PROVIDING THAT EACH AND EVERY DEVELOPMENT SHALL REMAIN THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. DEVELOPMENT AT SECTION 78-159 ENTITLED “PERMITTED AS MINOR CONDITIONAL USES WITHIN THE M-1A LIGHT OTHER SECTION AND SUB-SECTION OF CHAPTER 78, LAND WHEREAS, Section 78-159 provides a chart of permitted uses, minor and major conditional uses, and prohibited uses; and WHEREAS, Section 78-1 59 currently prohibits studios, instructional and professional in the Light Industrial (M-I A) zoning district; and WHEREAS, this Land Development Regulations amendment was reviewed by the Planning, Zoning, and Appeals Board at a duly noticed public hearing on December 9, 2008, and the Board recommended approval by a vote of 7 to 0; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: 1 2 3 4 Section 78-159, Table 31: Permitted, Conditional and Prohibited Use Chart ******* CATEGORY/USE 00 RETAIL & COMMERCIAL Studio, Instructional Studio, Professional PP - C - 44.1 44.2 - P PP - C P 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 ******* (j) Additional standards. The following standards apply to specific uses as indicated in the “Note” column of Table 21. ******* f44.1) Studio, Instructional. A commercial establishment providing training or instruction for compensation in martial arts, exercise, avmnastics, and related activities shall be allowed within the Liaht Industrial District (M-1A) as a minor conditional use. Such instructional studios shall complv with the criteria listed below: a. b. C. d. e. f. All studio activitv shall be located indoors. Bicycle parking. Growth Management staff may require bicvcle racks or similar equipment as required bv the use. Hours of Operation. Growth Management staff shall have the abilitv to limit hours of operation to 7:OO a.m. to 1O:OO p.m. when the proposed use is located adiacent to residential zoning districts in order to minimize impacts on adiacent residential zoning districts and uses. At least 80 percent of the occupancy. excluding common areas (bathrooms, hallwavs. etc.), shall be used for instructional area. Such use shall permit competition provided that noncurrent parkinq agreements that provide for adequate parking facilities are in force and effect. Traffic impacts. Growth Manaaement staff shall have the abilitv to request information regarding the traffic impacts and require conditions to mitigate the impacts of such impacts. Ordinance 1 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 l44.2) Studio, Professional. An establishment used in the practice of artistic pursuits, including instruction for fine arts, music, photographv, painting, sculpture, drama, speech. and dance shall be allowed within the Light Industrial District (M-lA) as a minor conditional use. Such professional studios shall complv with the criteria listed below: a. All studio activitv shall be located indoors. b. Bicvcle parking. Growth Management staff mav require bicvcle racks or similar equipment as required bv the use. c. Hours of Operation. Growth Management staff shall have the abilitv to limit hours of operation to 7:OO a.m. to 1O:OO p.m. when the proposed use is located adiacent to residential zoning districts in order to minimize impacts on adiacent residential zoning districts and uses. d. At least 80 percent of the occupancy. excluding common areas (bathrooms, hallwavs, etch shall be used for instructional area. e. Such use shall permit competition provided that noncurrent parkinq agreements that provide for adequate parking facilities are in force and effect. f. Traffic impacts. Growth Management staff shall have the abilitv to request information regarding the traffic impacts and require conditions to mitigate the impacts of such impacts. SECTION 2. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 3. 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 4. Specific authority is hereby given to codify this Ordinance SECTION 5. This Ordinance shall become effective immediately upon adoption. 3 Ordinance 11, 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 PASS ED 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 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 AGAINST ABSENT G:\attorney_share\ORDlNANCES\2009\Ordinance 1 1 2009 - minor conditional uses amendment - studio uses.docx 4 CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 5,2009 7:OO P.M. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso JL PLEDGE OF ALLEGIANCE JIL ROLLCALL JIII. ADDITIONS, DELETIONS. MODIFICATIONS: 'IV ANNOUNCEMENTS / PRESENTATIONS: la. Mayor's Veterans Golf Tournament Check Presentation. Jb. Palm Beach Gardens Predator Soccer Team. J V. 'VL CITY MANAGER REPORT: ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: Highwaymen Sponsors. J b. /Page 6) Update on the City's 50* Anniversary and recommendations for placement of the MacArthur Statue. JML COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, DIease submit reauest form to the citv clerk prior to this Item) VIE CONSENT AGENDA a _(Staff Report on Pape 8, Resolution on Page 11) Resolution 8, 2009 - Utility Easement - A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a Utility Easement and License fiom Northlake Boulevard, UC, for the purpose of allowing the City to install traffic signal mast arms at the intersection of Northlake Boulevard and Hiatt DrivdAlister Boulevard; providing an effective date; and for other purposes. M. PUBLIC HEARINGS: Part I - Quasi-iudicial a. (s rei Ci - co as Pr' mi taff Report on Pane 19. Ordinance on Page Curainance L, LWWY - nu %ding and ado-A:m) '''. OrdKance of the City Council of the . ty of Palm Beach Gardens, Florida rezoning one (1) parcel of real property mprised of approximately one and 50/100 (I Sot) acres, more or less, in size, bm Residential Medium (RM) to General Commercial zoning district (CG-1); ch parcel is located on the South side of PGA Boulevard approximately !A mile 1st of Prosperity Farm Road, informally known as the "waterway Cde Parcel", described more particularly herein; providing revisions to the zoning district %p; providing a confzicts clause, a severabdity clause, and authority to code, oviding an effective date; an8 for ather y Cafe (Staff Rewrt on Pane 37, Ordinance on Pape reading) - Rezo-'-g of the P-thlake Congress Cc brdinance of the City Council of the City of Palm Beach Gardens, Florida em- a certain parcel of real property comprising approximately one and 1 7/100 (1.37) acres, more or less, in size; such parcel being located on the North side of Northlake Boulevard approximately one mile East of 1-95 at the intersection of Northlake Boulevard and Congress Avenue, informally known as the Northlake Congress Coaametcial Center, as more particularly described herein, firom Residential Me<Eiwn (RM) to Commercial General (CGl) zoning district, revising the City zoning district map accordingly; providing a conflicts clause, a severability clause, and authority to cod@; providing an effective date; and for other purposes. ' "mince rl LI~ Centel puperty - (P ?,,#- 5-O [Staff Report on Page 52, Ordinance on Page 66) Ordinance 8, 2009 - (1' reading) - Rezoning of the Loxahatchee Slough properties An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning fourteen (14) parcels of real property comprising approximately two thousand twenty-four (2,024) acres, mre or less, in size; such parcels of land are located witbin the Loxahatchee Slough and Sandhill Crane natural areas which include three locations generally located West of the Florida Turnpike and/or North of Northlake Boulevard, as me particularly described herein, fkom Planned Development Area (PDA) to Conservation (CONS) zoning district; the City zoning district map shall be revised accordingly; providing a conflicts clause, a severability clause, and &o&y to d& provi- fl-i- late. snA Gr 0th wp- I I Part 11 - Non-Ouasi-iudicirl I fStaff Reaort on Paee 83, Ordinance on Paee 85) Ordinance I, 2009 - qeading and adoption) Adopting the City Logo and official seal An Ordinance ot the City Council of the City of Palm Beach Gardens, Florida, amending Chapter ?, Administration at Article I, in general by adopting an entirely new Section 2-2 10 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; hrther amending Chapter 2, Administration by adopting a new Section 2-3 to be entitled “City Logo”, roviding for the official adoption of a City Logo; describing the City Logo, 1 roviding 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 madktwe, use, fscsimile, or reproduction of this Logo; providing fbr penalties; providing for registration with the Secretary of State of Florida; providing that each and every other Provision, Section, and Article of Chapter 2, Admlnlsttabo * n shall remain in full force and effect as previously enacted; providing a codicts clause, a severability clause, anA pthority to cod@, -widin- eifkctive We; and fbr other pumses pd& S4 .. fd sd 2000, which ajyroved the Ph Beach Gardens Medical Center Planned Unit Development (PUD) in order to lltaend the conditional use approval, site plan ~pp~d, and related conditions; providing that Mure amendments to the PUD may be made by Resolution afthe City Council; providing a codicts clause, a seyerabijity clause, and autfbotity to codifl; providing an effective date; and for X. Resolution 11,2009 is a companion item to Ordinance 9,2009 and wiU require council action at second reading. Resolution 11,2009 - Gardens Medical Center. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the development plans for the Gardens Medical Center Planned Unit Development (PUD), generally located on the Southeast mmer of Bums Road and Gardens East Drive, as more particularly described here* providing waivers; providing conditions of approval; providing an effective date; and for other purposes. RESOLUTIO N {Staff ReDort on Paqeonlution 9, 2009 Contract Award IA Resolution of the City Council of the City of Palm Beach dens, Florida approving a contract award to The Signal Group, Inc. for traffic ignal improvements at Northlake Boulevard and Hiatt DrivdAlister Boulevard in he amount of $227,491.45 via 811 exktihg Agreement with St. Lucie County (w fi7 059); pcpividh an effective date; and 1 a. yf ses. ‘ m-[Staff ReDort on Page 454, Ordinance on Page 479) reading) Studio uses in MIA Light Industrial District pd . oud of the City of Palm Beach Gardens, Florida amending Chapter 78, Land elopment at Section 78-159 entitled '*Permitted Uses, Minor, and Major Conditional Uses, and Prohibited Uses" in order to provide for studio uses as Minor Conditional Uses within the M-IA fight industrial district; providing that each and every other Section aml Sub-section of Chapter 78, Land Development shall remain the same as previously adopted; providing a conflicts clause, a so clause, and authority to codify; providing an effective date; and for Xa ITEMS FOR COUNCIL ACTIONlDISCUSSION: XIIL CITYATIORNEYREPORT XIV. ADJOURNMENT PLEASE TAgE NOTICE AND BE ADVZSED that ifany intemdedpmty wishes to appeal any decision made by the clity Council witk respect to any ma#er 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, inchding the lcdimony ad evidence upon which the appeal is to be based In accordance witk the Antericcurs wink DisabiHes Act and secbion 28626, FIorida Stabrtes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the prmision of catain ass&znce at no cost Please call the City Clerk's me at 561-799-4122 110 Iater than 5 dzys prior to the heuring if this assistance is required For kerning impaid assiabme, phase call the Florida Relay Service Numbers: 800-955-8771 (TDD) ot 800-955-8770 (VOIC@ NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. I. 11. 111. .7:2c 9* Iv VII. CITY OF PALM BEACH GARDENS COUNCIL AGENDA February 5,2009 7:OO P.M. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS. DELETIONS. MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: a. b. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: CITY MANAGER REPORT: a. Highwaymen Sponsors. b. Mayor's Veterans Golf Tournament Check Presentation. Palm Beach Gardens Predator Soccer Team. /Pane 6) Update on the City's 50* Anniversary and recommendations for placement of the MacArthur Statue. COMMENTS FROM THE PUBLIC: (For Items Not on the APenda. please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: a. _(Staff Report on Pane 8. Resolution on Pane 11) Resolution 8, 2009 - Utility Easement - A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a Utility Easement and License from Northlake Boulevard, LLC, for the purpose of allowing the City to install traffic signal mast arms at the intersection of Northlake Boulevard and Hiatt Drive/Alister Boulevard; providing an effective date; and for other purposes. a M. PUBLIC HEARINGS: 8: 3 6 Part I - Quasi-iudicial a. JStaff Report on Pane 19, Ordinance on Pane 22) Ordinance 2, 2009 - (2nd reading and adoption) Waterway Cafe. 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 SO3 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 $4 mile East of Prosperity Farms Road, informally known as the “Waterway Caf6 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. b. b: 38 C. JStaff Report on Pape 37. Ordinance on Pane 47) Ordinance 7, 2009 - (lst reading) - Rezoning of the Northlake Congress Commercial Center property. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a certain parcel of real property comprising approximately one and 37/100 (1.37) acres, more or less, in size; such parcel being located on the North side of Northlake Boulevard approximately one mile East of 1-95 at the intersection of Northlake Boulevard and Congress Avenue, informally known as the Northlake Congress Commercial Center, as more particularly described herein, from Residential Medium (RM) to Commercial General (CG1) zoning district; revising the City zoning district map accordingly; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. JStaff Report on Pape 52. Ordinance on Page 66) Ordinance 8, 2009 - (1” reading) - Rezoning of the Loxahatchee Slough properties. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning fourteen (14) parcels of real property comprising approximately two thousand twenty-four (2,024) acres, more or less, in size; such parcels of land are located within the Loxahatchee Slough and Sandhill Crane natural areas which include three locations generally located West of the Florida Turnpike and/or North of Northlake Boulevard, as more particularly described herein, from Planned Development Area (PDA) to Conservation (CONS) zoning district; the City zoning district map shall be revised accordingly; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. 8‘. 4r X. Part I1 -’ Non-Ouasi-iudicial a. @aff Report on Page 83, Ordinance on Page 85) Ordinance 1, 2009 - (2nd rdading and adoption) Adopting the City Logo and official seal. An Ordinance of de City Council of the City of Palm Beach Gardens, Florida, amending Chapter 21 Administration at Article I, in general by adopting an entirely new Section 2-2 td be entitled “City Seal”; providing for the official adoption of a City Seal; dkscribing the City Seal; providing that the said City Seal may only be utilized for okicial City of Palm Beach Gardens business; further amending Chapter 2, Administration by adopting a new Section 2-3 to be entitled “City Logo”; pkoviding for the official adoption of a City Logo; describing the City Logo; pfoviding that the said City Logo may only be utilized for official City of Palm e use of the Logo for a proper purpose; providing that the City Council may ahopt reasonable rules for the manufacture, use, facsimile, or reproduction of this ach Gardens business; providing that the City Council may grant approval for providing for penalties; providing for registration with the Secretary of of Florida; providing that each and every other Provision, Section, and icle of Chapter 2, Administration shall remain in full force and effect as pkeviousl y enacted; providing a conflicts clause, a severability clause, and akthority to codify; providing an effective date; and for other purposes. b. taff Report on Pape 93, Ordinance on Pape 130, Resolution on Page 137) drdinance 9,2009 - (1’‘ reading) - Gardens Medical Center. An Ordinance of the Council of the City of Palm Beach Gardens, Florida amending Ordinance 35, which approved the Palm Beach Gardens Medical Center Planned Unit and related conditions; providing that future amendments to the PUD evelopment (PUD) in order to amend the conditional use approval, site plan day be made by Resolution of the City Council; providing a conflicts clause, a stherability clause, and authority to codify; providing an effective date; and for other purposes. Resolution 11,2009 is a companion item to Ordinance 9,2009 and will require council action at second reading. solution 1 1,2009 - Gardens Medical Center. A Resolution of the City Council e Gardens Medical Center Planned Unit Development (PUD), generally located the City of Palm Beach Gardens, Florida amending the development plans for Southeast corner of Burns Road and Gardens East Drive, as more described herein; providing waivers; providing conditions of an effective date; and for other purposes. RESOLUTION a. {Staff Report on Page 163. Resolution on Page 166) Resolution 9, 2009 - Contract Award - A Resolution of the City Council of the City of Palm Beach Cardens, Florida approving a contract award to The Signal Group, Inc. for traffic signal improvements at Northlake Boulevard and Hiatt DriveIAlister Boulevard in tk.e amount of $227,491.45 via an existing Agreement with St. Lucie County (No. 07-059); providing an effective date; and for other purposes. b. (Staff Report on PaPe 225, Resolution on Pape 228) Resolution 10, 2009 - Contract Award - A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract award to The Signal Group, Inc. for traffic signal improvements at Gardens Parkway and Fairchild Gardens Avenue/San Cristobal Gardens Avenue in the amount of $287,153.52 via an existing contract with St. Lucie County (No. 07-059); providing an effective date; and for other purposes. w@ C. (Staff Report on PaPe 287. Resolution on Page 290) Resolution 12, 2009 - Collective Bargaining Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving and ratifylng a Collective Bargaining Agreement with the Professional Firefighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc. employed by the City’s Fire Rescue Department for Fiscal Years 2008-2009,2009-2010, and 2010-201 1; authorizing the Mayor to execute the agreement; providing an effective date; and for other purposes. d. wvnd JStaff Report on Pave 427. Resolution on Pane 429) Resolution 16, 2009 - Rental Car Surcharge Tax. A Resolution of the City Council of the City of Palm Beach Gardens, Florida supporting the reallocation of the $2 local option surcharge on the lease or rental of motor vehicles to the South Florida Regional Transportation Authority; providing an effective date; and for other purposes. q;30 @M@) XI ORDINANCES: (For Consideration on First Reading) a. qw So /Staff Report on PaPe 431. Ordinance on Page 433) Ordinance 4, 2009 - (1st reading). Red Light Intersection cameras. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 70, Traffic and Vehicles by adopting an entirely new Article VI to be entitled “Dangerous Intersection Safety”; providing for recorded-image monitoring, definitions, an introductory period, review of recorded images, notices, hearing, non-responsibility provisions, enforcement, and penalties related to a violation of this article, also known as a “Red-Zone Infraction”; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. JStaff Report on PaPe 443. Ordinance on Pape 445) Ordinance 5, 2009 - (1’‘ reading) Boards and Committees. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 2, Administration at Article 111, Boards and Committees in order to amend the composition of the City’s Boards and Committees and to revise the attendance policy and the appointment procedures for same; providing that each and every other Section and Sub-section of Chapter 2, Administration shall remain the same as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. C. {Staff Report on Page 455. Ordinance on Pape 480) Ordinance 11,2009 - (lst reading) Studio uses in MIA Light Industrial District. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78, Land Development at Section 78-159 entitled “Permitted Uses, Minor, and Major Conditional Uses, and Prohibited Uses” in order to provide for studio uses as Minor Conditional Uses within the M-1A light industrial district; providing that each and every other Section and Sub-section of Chapter 78, Land Development shall remain the same as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. /0:2G 3uQ) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: pi33 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. PUBLIC HEARINGS 02 /yMnoo9 Title Read: Hearing Opened: Ex-Parte:IB DL JR HV EJ Petitioner preseatation: StafTPresentation: Hearing Closed: Bring back for discussion: Motion: Vote: JStidT ReDort OIL page 19, Ordinance OI~ f';tgt' 221 ordfnsnce 2, 2009 - (2nd readii and adoption) City of Palm Beach Gadens, Florida one (1) and 50/100 (1.50+$ acres, more or less, in size, from distnict (-1); such parcd is locrrtcd on the south side of PGABovllevardapproxunate ly % mile East of Prospedty Farms Road, iafwmally known as the 'Waterway cafe revhiom to the zoning district map; providing a conflicts chum, a stverabili clause, and authority to codify; Watmay M. Anckdinance of the city couacil of the parael ofd property comprised of appr0-1y one ResidentialMcdium(RM)tooareralcornnrercislzpning parai", as descrii morc partkhdy haein; providing NonBtrftc chngmss commercial Cenm property. An Ort@mee oftbe City Council ofthe City ofpalm Beach '* ~arkss,insize;suchparcelbeinglocatedonthe No&ts 8ide of Northlake Boulevard approximately one anile East of 1-95 at the intersdon of Northlake BortlcvgdmdcongreSaAvpaue,inEotnrrrlylaMwna~ as mote padaddy described herein, &om Residential Medium ofo- Geneaal (CGl) zoning district; accordingly; providing a eoELflicts clause, a severabiii clause, and caatroaity to codify; providingwan effective date; md fix a certain parcel ofreal pro one and 37/100 (1.37) the luuftbldre congress commercial center, rtvjaiqB the ci zoning district Title Read: f/ v / Ex-Parte: JB DL JR HV EJ Petitioner presentation: L./ StaiYPresentation: Hearing Closed: Bring back for discussion: 1 a/~Jo9 w C UJbuUL ul.cen%J. COMMENTS FROM THE PUBLIC Request to Address City Council (Y Please Print w. Mmb ReaJWd -la tJI( Lu chWl&&LctR d$ar ‘1 & uod &b4 6L Fwfk meei\.. w *o ’rc. coJ*/ciL. 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: 830 6- 6& City: PRG 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 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 Name: -a Address: I ?72,1 C;,d 1 VI Aut -*307 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 LL\ c, Address: Members of the public may address the City Council during the L6Comments 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. I I COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: City: I n 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 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 c Address: f 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. 4 L. L L E 3 m (P lu 1 4 E' E L 4 6' er s: 3 0 (P 1 El L L 0 e * lu e lu ;I lu U a 9. d =;' s: (Pa L. 0 r (P E; 6 k E' t3 t3 0 0 w n a 1 (P u u I F a E' m E a u a 0 cb e, g J F n CITY COUNCIL MEETING 02/05/09 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: Resolution 22.2009 The Village of North Palm Beach has requested assistance from the City of Palm Beach Gardens to provide building services on an interim basis. Resolution 22,2009 will be added as Item c. to the City Manager report for discussion and as Item b. under the consent agenda for approval and adoption. A copy of the Resolution has been provided for each member of Council. DELETIONS: NONE MODIFICATIONS: NONE I z 0 H 0 0 0 I G 0 d G OH I I a2 a2 c p3 a 3 .d r 1 c cn k i i 3 2 cn Q) +J 0 +J a Y .a cn cn Q) u 2 000 +JYh Q) Q) cn : 2 cn k G z" 0 * Sir a 'g zw * * I. c\ c\ a2 cd m Cn W W 2 CA pc; Cn Tb . d 4 E w u I c The Winter Music Festival Celebrating 50 years in the City of Palm Beach Gardens January 26,2009 Background: The grant agreement with the MacArthur Foundation provides funding for a “Winter Music Festival”. At the request of City Council we discussed with the Foundation the possibility of altering the delivery method of the event from the original proposal to a one day festival in late November or early December. We have been given the ability to produce the event in this manner as long as we stay consistent with the essence of the original proposal. For the City to successfully comply with the requirements of the agreement, the event needs to be produced utilizing following criteria: 0 The event is a public art and cultural event 0 Local and national artists perform The activities and events appeal to a diverse community The funds are utilized for the intended purpose in 2009 Concept: In keeping with the essence of the information submitted to and referenced in the grant agreertrent with the MacArthur Foundation, The Winter Music Festival can be a one-day event in November. ProDosed Date: Location: Music: Other Activities: Attendees: Saturday, daytime event, noon to 8 PM (max) City Property: Bums Road Community Recreation Campus and Gardens PaMCity Hall. Multiple stages showcasing music and activities that reach diverse age groups. Historical based programs, food venues, arts & crafts PBG residents and business owners gain access to the event for free. Non-residents will purchase tickets in advance. Event Approach: The event can be broken into three operational categories; production, logistics, and historical prospective. Production: The intent of the funding was for “local and national” artists to perform. To accomplish this, we intend to enter into an agreement with a Promoter who will be tasked with the responsibility of securing entertainment and providing the necessary staging/sound/seating for each performance. Lorristics: City staff would bear the responsibility for site safety, security, parking, and public conveniences. The direct costs associated with this operational category can be borne by the grant funds. Historical Prospective: To promote community interaction, historical perspective, and to provide activities of historical relevance, it is suggested that a community group be enlisted to provide the organization and volunteer support for this activity. The direct costs involved with this operational category do not meet the essence of the grant so additional sponsor funding would need to be secured. City Council Meeting February 5,2009 IV. ANNOUNCEMENTS AND PRESENTATIONS: a. Mayor‘s Veteran’s Golf Tournament Check Presentation: The 3rd Annual Mayor‘s Veteran’s Golf Classic was very successful this year and raised $20,450! The monies collected from this great event go towards programs that support our veterans, namely the Operation Iraq Freedom and Veteran’s Homeless Indigent Programs at the Veteran’s Affairs Medical Center in West Palm Beach. I would like to take this opportunity to thank our top sponsors: u- rn The Forbes Company $4,000, rep resented by rn Groupware International- r 53,000, represented by Accepting the donation on behalf of the VA Medical Center a re: -m Associate Director for the VA Medical - -, Homeless Coordinator , Transition Patient Advocate for the Operation Fndwing Freedom/ Operation Iraq Freedom d Voluntary Recreation Therapy rn 1 MS. Mary rniiiip Service PALM BEACH METROPOLITAN PLANNING ORGANIZATION 2300 North Jog Road, 4th Floor, West Palm Beach, Florida 3341 1-2749 Phone: (561) 684-41 70 Fax: (561) 233-5664 www.pbcgov.com/mpo February 3,2009 The Honorable Priscilla Taylor, Chair Palm Beach County Legislative Delegation 301 N. Olive Avenue, loth Floor, #I 001 .I 1 West Palm Beach, Florida 33401 F3 Re: Transportation Issues Dear Representative Taylor: The Palm Beach MPO is responsible for transportation planning for Palm Beach County. These planning efforts include all modes of travel. The MPO also coordinates its activities with other urban areas and the State for regional and statewide travel. A major concern for South Florida is the need for a funding source for the South Florida Regional Transportation Authority. This need is two fold in that a permanent funding source would relieve the three counties of their obligation in this time of resource limitations and allow the RTA to obtain federal funds for continuing operations and service expansions. Recently, South Florida has joined with Central Florida, Tampa Bay and Northeast Florida to form the Florida Urban Transportation Coalition (FUTC). The Coalition was formed to address transportation problems and needs for the large urban regions throughout the state. FUTC has identified five issues summarized below for focus in the coming legislative session. 1. Protect the Transportation Trust Fund from diversions for non- transportation purposes. 2. Obtain legislative approval of generic language in state statutes making it easier to implement commuter rail projects. 3. Obtain legislative approval of a local option rental car surcharge or one or more additional funding sources that the Legislature finds appropriate. 4. Make the Charter County Transit System Surtax available to all counties. The Honorable Priscilla Taylor, Chair Re: Transportstion Issues February 3,2009 Page 2 5. Restore funding for the Road Ranger program. At the January MPO meeting, the Board voted unanimously to support these items with particular emphasis on funding for the regional transportation authority. The Board emphasized the need for new funding rather than reallocation of existing funds as proposed last year. We look forward to working with you during the session to address the needs of the traveling public. If you have any questions please do not hesitate to contact me. Jdhn F. Koons, Chair JFWeer cc: Legislative Delegation MPO Members CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 5, 2009 Resolution 22, 2009 SubjectlAgenda Item: Approve an Interlocal Agreement with the Village of North Palm Beach for the City of Palm Beach Gardens’ Building Department to provide interim building related services for the Village of North Palm Beach. [XI Recommendation to APPROVE 11 Recommendation to DENY Reviewe by- Cit #( Finan e m nistrator L z-2-aq Department Ad min istrator Ron 6errf City Manager Originating Deet.: ResoMe Manager Advertised: NIA Date: Paper: 1 [ x ] Not Required Affected parties [ ] Notified [ x ] Not required :osts:$O.OO (Total) costs: $0.00 Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: NA Council Action: [ ]Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 22, 2009 lnterlocal Agreement [ ]None Meeting Date: February 5,2009 Resolution 22, 2009 BACKGROUND: The Village of North Palm Beach has requested emergency assistance related to building services. The City currently has the necessary personnel and resources to provide such services on an interim basis, including plan review, inspection and building official services, on behalf of the Village. STAFF RECOMMENDATION: Approve Resolution 22, 2009 as presented. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1% 19 20 21 22 23 24 25 26 27 2% 29 30 31 32 33 34 35 36 37 3% 39 40 41 42 43 44 45 46 47 RESOLUTION 22,2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE VILLAGE OF NORTH PALM BEACH FOR BUILDING SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Section 163.01, Florida Sfafufes, known as the “Florida Interlocal Cooperation Act of 1969,” authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the Village of North Palm Beach, at the present time, needs assistance on an interim basis related to building services within its corporate limits; and WHEREAS, the City of Palm Beach Gardens has the necessary personnel and resources to provide such building services on behalf of the Village of North Palm Beach; and WHEREAS, the City wishes to enter into the Interlocal Agreement with the Village of North Palm Beach, which Agreement has been prepared and is attached hereto; 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. The City Council of Palm Beach Gardens, Florida hereby accepts and approves the Interlocal Agreement with the Village of North Palm Beach for interim building services and extended services as requested by the Village of North Palm Beach, and hereby authorizes the Mayor to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. 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 Resolution 22, 2009 PASSED AND ADOPTED this day of , 2009. CITY OF PALM BEACH GARDENS, FLORIDA 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\RESOLUTlONSEOO9kesolution 22 2009 - Interlocal agrnt with NPB for bldg svcs.docx 2 T 7 t INTERLOCAL AGREEMENT TO PROVIDE BUILDING INSPECTION AND PLAN REVIEW SERVICES THIS AGREEMENT is entered into this day of ,2009, by and between the Village of North Palm Beach, a municipal corporation organized and existing under the laws of the State of Florida (“Village”), and the City of Palm Beach Gardens, a municipal corporation organized and existing under the laws of the State of Florida (“City”). WITNESSETH: WHEREAS, the Village needs assistance on an interim basis to provide building services within its corporate limits; and WHEREAS, the City possesses the necessary personnel and resources to provide such building services on behalf of the Village; and WHEREAS, the Village has determined that it is in the best interests of the health, safety, and welfare of its residents to contract with the City to provide assistance with building services on an interim basis; and WHEREAS, Section 163.01 Florida Statutes, allows local government to make the most efficient use of their powers by enabling them to cooperate with each other on the basis of mutual advantage and thereby provide services and facilities in a manner that will best serve the needs of each unit of government. NOW, THEREFORE, in consideration of the mutual obligations set forth below, and other good and valuable consideration, the Village and the City agree as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. Purpose. The exclusive purpose of this lnterlocal Agreement is to provide the Village with the expertise and assistance of the City’s Building Division for plan review, inspection of construction projects, and building official services within the Village’s corporate limits on an interim basis until such time the Village has sufficient staffing to provide these services, At such time, the Village may choose to request limited building services from the City. SECTION 3. Definitions. When used in this Agreement, the following terms shall have the meanings set forth below: Building Official means the City of Palm Beach Gardens Building Official or hidher designee. Code means the provisions of the Florida Building Code, as it may from time to time be amended, and any local amendments thereto. Division means the City of Palm Beach Gardens Building Division. lnspector means any licensed building inspector employed by the City Permit means a permit issued by the Village for any construction work. Permifee means any individual, corporation, or other business entity applying for and/or holding a valid permit. SECTION 4. Procedure for Submittal of Plans and Issuance of Permits. 4.01 All construction plans shall initially be submitted to the Village by the Permittee, and the Village shall review the plans for compliance with all Village ordinances and the Village’s Land Development Regulations. 4.02 The City shall review and process the plans for compliance with the Code and shall determine all necessary subsidiary permits. All permits and certificates of occupancy shall be approved by the City and issued by the Village. 4.03 The Village and the City shall work together to formulate a procedure for the submittal and review of plans, the scheduling of inspections, and the issuance of permits and certificates of occupancy. This procedure may be amended as necessary by the mutual agreement of the Village and the City without the necessity of amending this Agreement. SECTION 5. Obligations of the Village. 5.01 The Village shall be solely responsible for the enforcement of violations of the Code by persons engaged in construction within the Village. 2 5.02 The Village shall retain primary responsibility for the administration and processing of all consumer inquiries. The Village shall forward to the Building Official only those inquiries concerning the plan review and inspection process, and all others shall remain the responsibility of the Village. SECTION 6. Compensation. As compensation for processing the construction plans and performing building inspections within the Village, the City shall be compensated at a rate of one and three fourths (1.75) times the salary of the City’s employees assigned to work within the Village. The City shall keep a timesheet of all employees assigned to the Village and submit to the Village for review and approval. The Village shall provide full payment to the City within thirty (30) days of approved timesheets. SECTION 7. Term. This Agreement shall be for a term of one hundred eighty (180) days and shall automatically be renewed for an additional one hundred eighty (1 80) day term unless either party gives written notice of its intent not to renew thirty (30) days prior to the expiration of the applicable term. Notwithstanding the foregoing, either party may terminate this Agreement for any or no reason with thirty (30) days’ written notice. SECTION 8. Indemnification. The parties acknowledge that they are both governmental entities governed by the provisions of Section 768.28, Florida Statutes. Without waiving any provisions provided therein, the parties agree that each will, to the extent permitted by law, be responsible for any damage caused by or arising out of the negligence or willful misconduct of its employees or agents. SECTION 9. Notices. All notices required or contemplated by this Agreement shall be in writing and shall be hand-delivered or mailed certified mail, return receipt requested to the following addresses: For the Village: Village of North Palm Beach 501 US Highway One North Palm Beach, Florida 33408 Attention: Village Manager 3 copy to: Leonard G. Rubin, Village Attorney Glen Torcivia and Associates 701 Northpoint Parkway, Suite 209 West Palm Beach, Florida 33407 For the Citv: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attention: City Manager copy to: Palm Beach Gardens City Attorney 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Palm Beach Gardens Building Official 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 SECTION IO. Miscellaneous Provisions. 10.1 10.2 10.3 10.4 10.5 This Agreement shall not be assigned or transferred by either party without prior written consent. All officers and other persons employed by the City and the performance of the services, functions, and responsibilities described and contemplated herein are deemed City employees or appointees during the duration of this Agreement and shall not, under any circumstances, be considered employees of the Village. This Agreement constitutes the entire understanding of the parties. It may not be modified or any of its provisions waived unless such modification and/or waiver is in writing and is agreed to be signed by both parties. Nothing contained in this Agreement shall be construed to constitute or transfer powers in any way whatsoever. Should any provision of this Agreement be declared invalid by a Court of competent jurisdiction, same shall be deemed stricken herefrom, and all other terms and conditions of this Agreement shall continue in full force and effect as if such invalid provision had never been a part hereof. 4 10.6 This Agreement shall be signed in triplicate and filed for record by the Village with the Clerk of the Circuit Court of Palm Beach County in accordance with Section 163.01, Florida Statutes. IN WITNESS WHEREOF, the parties have executed this Agreement effective on the date first written above. ATTEST: VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation By: By: Melissa Teal, Village Clerk William Manuel, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Leonard G. Rubin, Village Attorney ATTEST: CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: By: Patricia Snider, CMC, City Clerk Eric Jablin, Mayor APPROVED AS TO FORM AW G:\attorney-shareMGREEMENTS\lnterlocal Agreement -NPB-bldg svcs - 2009.doc 5