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
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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.
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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
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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
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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 / /
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EASEMENT--J
I 28.70' \I 'I T R A C T "G-1"
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SECTION 22
TOWNSHIP 42 SOUTH
RANGE 42 EAST
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7 LT R A C T "A-1"
ABLES AT NORTHLAKE
REPLAT NO.l
(PLAT BOOK 100, PAGE 187)
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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
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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.
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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
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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
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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)
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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
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Date Prepared: June 13, 2008
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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
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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
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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
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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.
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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
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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
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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
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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
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AGAINST ABSENT
APPROVED AS TO FORW
G:bttorney-share\ORDlNANCES\2008\0rdinance 1 6 2008 -final version.docx
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t
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Ordinance 7, 2009
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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
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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.
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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
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EXHIBIT “A”
L
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1’11 U
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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.
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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
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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
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second and final reading.
CITY 0-H GARDENS FOR
c/
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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
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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
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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
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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
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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.
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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
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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
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Ordinance 1, 2009
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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.
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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
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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
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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
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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:
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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
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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
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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.
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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
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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
-~ ~
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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
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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
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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.
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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.
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Resolution 11, 2009
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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
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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)
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Resolution 11, 2009
Citv Forester
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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
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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
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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)
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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)
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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-
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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
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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 .......................
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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.
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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
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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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%
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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
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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
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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.
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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
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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 ;
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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;
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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
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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:
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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 .
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Section 5: The City may require documentation to support
the employee's use of Bereavement Leave.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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)
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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.
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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.
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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".
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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
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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.
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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.
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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).
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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,
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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Ordinance 4, 2009
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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
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38 ARTICLE V. COMBAT AUTOMOBILE THEFT PROGRAM
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(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.)
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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.
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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
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Ordinance 4, 2009
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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;
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Ordinance 4, 2009
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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.
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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:
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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.
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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
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9 PASS ED this day of , 2009, upon first reading.
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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.
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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
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WHEREAS, Staff recommends that Chapter 2, Administration be amended to 29
accomplish this purpose; and 30
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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
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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
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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
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(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
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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
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(3) The city council may interview board and committee members who desire 5
reappointment and volunteers from the city clerk's list. 6
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(4) The city council shall, in public session, select the person needed to fill such 8
vacancy. 9
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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
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(a) The city council shall designate a first alternate and a second alternate for each 18
board or committee. 19
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(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
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(c) At all meetings, the chairperson of the board shall note for the record any 29
member who is absent. 30
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(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
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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
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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
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(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
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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
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(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
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(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
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(2) Architecture, design, or urban planning. 38
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(3) Arts and cultural institution management. 40
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(4) Education. 42
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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
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0 Supp. No. 22 CD78:117
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0 78169 PALM BEACH GABDENS CODE
Supp. No. 22 CD78118
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LAND D~LOPMENT REGULATION8
Supp. No. 22 CD78118.1
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Supp. No. 21 CD78:119
0 78-169 PALM BEACH GARDENS CODE
Supp. No. 21
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CD78:120
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6 78-159
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8upp. Na 17, Rex CD78:121
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Supp. No. 17. b. CD78:122
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G LAND DEVBLOPMENT REGULATIONS
0
Supp. No. 17, Rev. CD78:122.1
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Sum. No. 17 CD78:123
0 78-159 PALM BEACH GARDENS CODE
a.
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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
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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:
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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
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(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
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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
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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.
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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
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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.
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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.
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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.
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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
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